23424 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 SENATE—Wednesday, December 22, 2010

The Senate met at 9 a.m. and was sume consideration of the New START very certain that our men and women called to order by the Honorable TOM treaty. Yesterday, cloture was invoked in uniform, as this Christmas season UDALL, a Senator from the State of on the treaty, which limits debate to 30 comes upon us, will be very grateful in- New Mexico. hours. He hopes some of the deed that we did this in the 49th year— postcloture debate time can be yielded and if the House will move swiftly PRAYER back so we can complete action on it today and pass this bill, as we have The Chaplain, Dr. Barry C. Black, of- early this afternoon. done in the previous 48 years—passed fered the following prayer: In addition to the treaty, the major- an authorization bill—which is so es- Let us pray. ity leader would like the Senate to sential to their success. You have kept Your promises to us, consider the Department of Defense au- Mr. MCCAIN. I will not object. Almighty God, and our hearts sing thorization bill, the 9/11 health legisla- Finally, I thank the chairman of the praises to You. You continue to supply tion for first responders, and a number Senate Armed Services Committee. I our needs, to keep us from falling, and of executive nominations, including assure my colleagues that the con- to work everything for our good. You that of James Cole to be Deputy Attor- troversial aspects of this legislation prevent the weapons that are formed ney General, before we leave for the have been removed, and only the essen- against us from prospering, sur- holidays. Senators will be notified tial parts remain. I thank the Senator rounding us with the shield of Your when any votes are scheduled. from Michigan. I hope we will move favor. forward and get this done today so that Lord, give wisdom and knowledge to f we can again provide our men and our lawmakers today. Show them Your IKE SKELTON NATIONAL DEFENSE women who are serving with the best ways and guide them by Your spirit. AUTHORIZATION ACT FOR FIS- capability to defend this Nation. Lead them in the path of Your truth so CAL YEAR 2011 The ACTING PRESIDENT pro tem- that they will abide in the shadow of Mr. LEVIN. Mr. President, in legisla- pore. Is there objection? Without objec- Your providence and permit Your con- tive session and in morning business, I tion, it is so ordered. stant love to sustain them. The amendment (No. 4921) was agreed We pray in Your great Name. Amen. ask unanimous consent that the Sen- ate proceed to the immediate consider- to, as follows: f ation of Calendar No. 717, H.R. 6523, the (Purpose: To strike title XVII) PLEDGE OF ALLEGIANCE Department of Defense authorization Strike title XVII and the corresponding The Honorable TOM UDALL led the bill, that a Levin-McCain amendment table of contents on page 18. Pledge of Allegiance, as follows: that is at the desk be agreed to, the The amendment was ordered to be I pledge allegiance to the Flag of the bill, as amended, be read the third time engrossed and the bill to be read a United States of America, and to the Repub- and passed, the motions to reconsider third time. lic for which it stands, one nation under God, be laid upon the table, with no inter- The bill (H.R. 6523), as amended, was indivisible, with liberty and justice for all. vening action or debate, and that any passed. f statements related to the bill be print- KC–X TANKER COMPETITION APPOINTMENT OF ACTING ed in the RECORD. Ms. CANTWELL. Mr. President, I PRESIDENT PRO TEMPORE The ACTING PRESIDENT pro tem- rise to enter into a colloquy with the pore. Is there objection? esteemed chairman of the Senate The PRESIDING OFFICER. The Mr. MCCAIN. Reserving the right to Armed Services Committee, Senator clerk will please read a communication object, and I will not object, a lot of LEVIN. to the Senate from the President pro people may not understand that unani- Mr. President, I recognize that there tempore (Mr. INOUYE). mous consent request that was just are objections to bringing up a bill The assistant legislative clerk read made by the chairman of the Armed dealing with the Air Force KC–X tank- the following letter: Services Committee. er competition requiring the Secretary U.S. SENATE, Am I correct, I ask my friend from of Defense to take into account any un- PRESIDENT PRO TEMPORE, Washington, DC, December 22, 2010. Michigan, that this is in order to pass fair competitive advantages given to To the Senate: the National Defense Authorization any of the competitors for the con- Under the provisions of rule I, paragraph 3, Act? We have gone, I believe, 48 years tract. This provision has passed twice of the Standing Rules of the Senate, I hereby and passed one, and there are vital pro- on the House side now by over- appoint the Honorable TOM UDALL, a Senator grams, policies, and pay raises for the whelming majorities and I am shocked from the State of New Mexico, to perform men and women in the military and that the same language cannot be in- the duties of the Chair. other policy matters that are vital to cluded in the Defense authorization bill DANIEL K. INOUYE, President pro tempore. successfully carrying out the two wars or passed as a stand-alone bill. These we are in and providing the men and are legitimate concerns being brushed Mr. UDALL of New Mexico thereupon women who are serving with the best under the rug rather than dealt with assumed the chair as Acting President possible equipment and capabilities to head on. I recognize that with such a pro tempore. win those conflicts. Am I correct in as- short amount of time left in this Con- f suming that is what this agreement is gress we will have trouble convincing RECOGNITION OF THE ACTING about? our colleagues that we are allowing a MAJORITY LEADER Mr. LEVIN. The Senator from Ari- terrible precedent to be set and an ex- The ACTING PRESIDENT pro tem- zona is correct. It is the bill—slightly pensive injustice is being done to pore. The Senator from Michigan is reduced to eliminate some of the con- American workers and taxpayers. In recognized. troversial provisions, which would have the last competition, GAO found mul- prevented us from getting to this tiple instances of uneven treatment f point, but this is the Defense author- that when compiled showed a pervasive SCHEDULE ization bill, and 90 to 95 percent of the bias in support of EADS/Airbus. Unfor- Mr. LEVIN. Mr. President, on behalf bill is the bill we worked so hard on in tunately, we now are seeing a similar of the leader, today the Senate will re- committee on a bipartisan basis. I am pattern of behavior emerging and I

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

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23425 have concerns about the conduct of the As can be inferred from the title of to the fiscal year 2011 National Defense competition by the Pentagon for this the provision in the fiscal year 2008 Authorization Act. Chairman LEVIN U.S. taxpayer-funded $35 billion con- NDAA, the intent of the provision is to has worked incredibly hard to get this tract. At every turn, it seems the Pen- provide earlier retired pay to members bill passed by unanimous consent, and tagon has gone out of its way to advan- of the Ready Reserve who serve in ac- I appreciate his efforts, the efforts of tage EADS/Airbus for example, the tive Federal status or perform active Senator MCCAIN and the efforts of rest Pentagon has structured the competi- duty for significant periods. The sense of the Armed Services Committee tion in ways that minimize the cost ad- of Congress in the fiscal year 2011 members. vantages of an American-made tanker; NDAA notes that the intent of the In the fiscal year 2010 National De- extended deadlines to accommodate original provision was for reservists to fense Authorization Act, the chairman EADS/Airbus; adjusted analytical mod- begin receiving retired pay according helped me to include language that els in the competition in ways that to time spent deployed, by 3 months for would allow for a land exchange be- favor only the EADS/Airbus tanker; every 90-day period spent on active tween Camp Joseph T. Robinson, which and, most recently decided to continue duty over the course of a career, rather is an Army National Guard facility, using the so-called IFARA war scenario than limiting qualifying time to such and their neighbor, the city of North model in the competition despite hav- periods wholly served within the same Little Rock, AR. This land conveyance ing inadvertently released proprietary fiscal year. I agree with this sense of is in the best interest of the military information that disclosed Boeing’s the Congress to the extent that reserv- for a couple of reasons. First, the land scores to EADS/Airbus. In recent press ists should receive credit for each 90- that the Arkansas National Guard is stories EADS/Airbus officials claimed day period of continuous duty even giving up is so steep that it cannot be they did not look at Boeing’s propri- though that duty may span 2 different used for mounted or dismounted train- etary information but it has now come fiscal years. ing. Second, the land cannot be totally out that in fact EADS/Airbus did look However, the original intent of the secured due to extremely rugged ter- at it. This type of behavior is unaccept- provision, as I authored it, was not to rain. Lastly, due to the lack of com- able. give credit for any 90 days of duty plete security, there is a possibility In light of the serious national secu- served anytime in one’s career, regard- that a civilian could enter the property rity and economic implications of the less of whether or not that duty was and be seriously injured. The land that KC–X Tanker competition, I am re- served consecutively. This would not would be gained by the Arkansas Na- spectfully requesting that the chair- be ‘‘active Federal status or active tional Guard is well suited for mounted duty for significant periods,’’ it would man of the Armed Services Committee and dismounted training and able to be just be the normal accumulation of initiate an investigation into these secured. issues—in particular the inadvertent days served over the course of a reserv- As all entities were working in good release of proprietary data—to deter- ists career. faith toward executing this land ex- My intent in the original provision mine whether or not laws and fair com- change, it was brought to my attention was to reward reservists who were de- petition regulations have been appro- that we need one minor adjustment to ploying or serving an active duty tour priately followed. Further, I am seek- this language. This adjustment would for a significant period of time. It was ing the chairman’s assurance today not to allow for early receipt of retired be a technical correction that would that he intends to call departmental pay simply because, over the course of specify that the land exchange is to witnesses before the Armed Services a reservist’s career, the number of days occur between the city of North Little Committee to ensure that the com- served added up to 90. Rock, AR, and the Military Depart- mittee is fully informed on the I would like to yield to the honorable ment of Arkansas, rather than between progress, status, and conclusions re- ranking member of the committee, the the city of North Little Rock, AR, and garding the aforementioned investiga- Senator from Arizona, and solicit his the United States of America. This tion and any other DOD investigations perspective on this matter. clarification is necessary since Camp into this and related matters. Mr. MCCAIN. I thank the Senator Joseph T. Robinson is an entity of the Mr. LEVIN. I am prepared to direct from Georgia and appreciate his desire State of Arkansas rather than an enti- staff immediately to initiate an inves- to clarify this provision. ty of the United States of America. tigation into the release of proprietary I agree, as the title of the provision I understand that there was a timing data to determine if laws and fair com- in the fiscal year 2008 NDAA makes issue this year and a need to pass the petition regulations have been appro- clear, that the intent of the change to bill by unanimous consent in the Sen- priately followed. I also intend to hold the law was to expand eligibility for ate so we did not have a formal amend- one or more hearings by February 1 to earlier retired pay to members of the ment process during consideration of consider these issues and to review the Ready Reserve who deploy on active the bill. However, this technical cor- propriety of the procurement process of duty in support of contingency oper- rection is important to Arkansas. I the KC–X tanker competition as it re- ations for significant periods. It is un- would ask for the chairman’s assist- lates to this issue. fortunate that some reservists who per- ance in addressing this issue at the PAY FOR NONREGULAR SERVICE form 90 days of deployed, consecutive first opportunity next year. Mr. CHAMBLISS. Mr. President, I duty or more that has spanned two fis- Mr. LEVIN. I appreciate the Senator rise to comment on a provision in the cal years have not received credit from Arkansas bringing this issue to fiscal year 2011 NDAA which the Sen- under this provision. The sense of the my attention, and I will work with him ate passed today. Congress in section 635 of the fiscal next year to find a resolution. Section 635 of H.R. 6523, The Ike year 2011 NDAA seeks to clarify this, Mr. PRYOR. I appreciate the re- Skelton National Defense Authoriza- and I agree with the Senator from marks of the chairman and thank him tion Act for fiscal year 2011, contains a Georgia that the duty needs to be ‘‘for for his help on this matter. His leader- sense of Congress concerning age and significant periods’’—it should not sim- ship on military issues is invaluable in service requirements for retired pay for ply be the accumulation of 90 days of the U.S. Senate. nonregular service. The sense of Con- duty over the course of a reservists’ ca- Mr. LEAHY. Mr. President, I am gress serves to clarify a provision reer. deeply disappointed that H.R. 6523, the which I authored and which is con- Mr. CHAMBLISS. I thank the rank- National Defense Authorization Act for tained in section 647 of the fiscal year ing member for his comments and I ap- Fiscal Year 2011, includes a section to 2008 National Defense Authorization preciate his willingness to clarify this prohibit the transfer of terrorism sus- Act. I appreciate the committee’s de- issue. pects at Guantanamo Bay to the sire to clarify the intent of that provi- LAND TRANSFER United States to face prosecution. This sion and ensure proper credit is given Mr. PRYOR. Mr. President, I rise section takes away one of the greatest to members of the Reserve. today to speak about an issue related tools we have to protect our national

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23426 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 security—our ability to prosecute ter- missions, I urge them to study the possible. I am proud to serve with Sen- rorism defendants in Federal courts. record. The military commissions de- ator MCCAIN and am grateful for his The result is to make it more likely vised by the prior administration were partnership. that terrorists will not be brought to plagued with problems and repeatedly I thank all our committee staff mem- justice. overturned by the U.S. Supreme Court. bers. With their extraordinary drive Current law allows for the transfer of The Obama administration has worked and many personal sacrifices to get these terrorist suspects for prosecution hard to revise the military commis- this bill done—and we had to get it in the Federal courts. This is a policy sions to make sure they meet constitu- done twice because we had to modify that I strongly support. I want to see tional standards. However, the new the bill that was originally presented those who have committed acts of ter- system is still largely untested, and to the Senate, as everybody here rorism convicted in our justice system the rules for these commissions were knows. Our staff has given another and sentenced to long terms in prison. only just released earlier this year. meaning to this season of giving. Led Our Federal judges and Federal pros- Military commissions have achieved by Rick DeBobes, our committee’s staff ecutors have extraordinary experience only five convictions since the Sep- director, and Joe Bowab, our Repub- dealing with complex terrorism and tember 11, 2001, attacks. Four of the lican staff director, they have given ev- conspiracy cases. The record speaks for five resulted from pleas. The sentences erything imaginable, and some things itself. Since September 11, 2001, over handed down in these five cases have unimaginable, to get this bill passed. 425 persons have been convicted on ter- been much shorter than those meted So we thank all of them. rorism related charges in the Federal out in Federal court convictions. In I ask that, as a tribute to the profes- courts—including more than 70 defend- contrast, our Federal courts have a sionalism of our staff, and our grati- ants since President Obama took office long and distinguished history of suc- tude, their names be printed in the cessfully prosecuting even the most in January 2009. RECORD. And yet, despite this strong record, atrocious violent acts, and our judicial There being no objection, the mate- Congress continues to try to tie the system is respected throughout the rial was ordered to be printed in the hands of law enforcement and other se- world. RECORD, as follows: curity agencies. The prohibition con- The vital role of the rule of law and tained in section 1032 of H.R. 6523 is a our judicial system in the fight against Richard D. DeBobes, Staff Director; Joseph W. Bowab, Republican Staff Director; Adam complete bar on transfers of terrorism terrorism is also strongly supported by J. Barker, Professional Staff Member; June suspects at Guantanamo Bay to the leaders of our military who served hon- M. Borawski, Printing and Documents Clerk; United States. There are no exceptions orably to protect our nation and up- Leah C. Brewer, Nominations and Hearings to this prohibition for Federal prosecu- hold the Constitution. On December 10, Clerk; Christian D. Brose, Professional Staff tions. Rather than addressing the ques- 2010, a group of retired generals and ad- Member; Joseph M. Bryan, Professional Staff tion of how to close the prison facility mirals voiced their opposition against Member; Pablo E. Carrillo, Minority Inves- at Guantanamo Bay once and for all, restricting law enforcement’s ability tigative Counsel; Jonathan D. Clark, Coun- Congress is obstructing efforts to bring to try terrorists in Federal criminal sel; Ilona R. Cohen, Counsel; Christine E. these criminals to justice. courts, and wrote that, ‘‘By trying ter- Cowart, Chief Clerk; Madelyn R. Creedon, In a letter to the Senate leadership Counsel; Gabriella E. Fahrer, Counsel; Rich- rorist suspects in civilian courts we de- ard W. Fieldhouse, Professional Staff Mem- dated December 9, 2010, Attorney Gen- prive them of the warrior status they ber; Creighton Greene, Professional Staff eral Eric Holder warned that this pro- crave and treat them as the criminals Member; John W. Heath, Jr., Minority Inves- vision would ‘‘set a dangerous prece- and thugs they are. As long as Guanta- tigative Counsel; Gary J. Howard, Systems dent with serious implications for the namo is open it offers America’s en- Administrator; Paul C. Hutton IV, Profes- impartial administration of justice.’’ emies a propaganda tool that is being sional Staff Member; Jessica L. Kingston, The Attorney General further stated used effectively to recruit others to Research Assistant; Jennifer R. Knowles, that, by restricting the discretion of their cause and undermines U.S. efforts Staff Assistant. the executive branch to prosecute ter- to win support in the communities Michael V. Kostiw, Professional Staff Member; Michael J. Kuiken, Professional rorists in Article III courts, Congress where our troops most need local co- Staff Member; Kathleen A. Kulenkampff, would ‘‘tie the hands of the President operation to succeed.’’ Staff Assistant; Mary J. Kyle, Legislative and his national security advisers’’ and I believe strongly, as all Americans Clerk; Christine G. Lang, Staff Assistant; would be ‘‘taking away one of our most do, that we must do everything we can Gerald J. Leeling, Counsel; Daniel A. Lerner, potent weapons in the fight against to prevent terrorism, and we must en- Professional Staff Member; Peter K. Levine, terrorism,’’ Accordingly, this provision sure severe punishment is imposed General Counsel; Gregory R. Lilly, Executive is short-sighted and unwise. upon those who do us harm. As a Assistant for the Minority; Hannah I. Lloyd, This prohibition language also sets a former prosecutor, I have made certain Staff Assistant; Jason W. Maroney, Counsel; dangerous political precedent. Once the that perpetrators of violent crimes re- Thomas K. McConnell, Professional Staff Senate votes in favor of a total bar to ceive serious punishment. I also believe Member; William G.P. Monahan, Counsel; Davis M. Morriss, Minority Counsel; Lucian transfers, even for criminal trial, we strongly that we can ensure our safety L. Niemeyer, Professional Staff Member; Mi- will see it offered again and again. This and security, and bring terrorists to chael J. Noblet, Professional Staff Member; is a door that, once opened, will not justice, in ways that are consistent Christopher J. Paul, Professional Staff Mem- easily be closed. with our laws and values. Congress ber; Cindy Pearson, Assistant Chief Clerk I can think of only two possible moti- should not limit law enforcement’s and Security Manager; Roy F. Phillips, Pro- vations for including this ban of all ability to do just that. fessional Staff Member; John H. Quirk V, transfers to the United States. One is Mr. LEVIN. Mr. President, the proud Professional Staff Member. to ensure that the detainees being held tradition our committee has main- Robie I. Samanta Roy, Professional Staff at Guantanamo Bay, some for years tained every year since 1961 continues Member; Brian F. Sebold, Staff Assistant; without charge, can only be tried by Russell L. Shaffer, Counsel; Travis E. Smith, with the Senate’s passage of this, the Special Assistant; Jennifer L. Stoker, Secu- military commissions. The other is to 49th consecutive national defense au- rity Clerk; William K. Sutey, Professional ensure that these suspects are simply thorization bill. We always have to Staff Member; Diana G. Tabler, Professional held in military detention at Guanta- work long and hard to pass this bill, Staff Member; Mary Louise Wagner, Profes- namo Bay indefinitely. The very strict but it is worth every bit of the effort sional Staff Member; Richard F. Walsh, Mi- restrictions on transfers of suspects we put into it because it is for our nority Counsel; Breon N. Wells, Staff Assist- from Guantanamo Bay to other nations troops and their families as well as, ob- ant; Dana W. White, Professional Staff Mem- in section 1033 of H.R. 6523 suggests viously, our Nation. I thank all Sen- ber. that indefinite detention is, in fact, the ators for their roles in keeping this Mr. LEVIN. I yield the floor and sug- goal of these provisions. tradition going. gest the absence of a quorum. For those who wish to see terrorism Our bipartisanship on this committee The ACTING PRESIDENT pro tem- suspects tried only in military com- makes this moment, as late as it is, pore. The clerk will call the roll.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23427 The legislative clerk proceeded to AMENDMENT NO. 4892, AS MODIFIED on our nuclear weapons, as well as the call the roll. Mr. KYL. I call up amendment No. weapons and importantly the scientists Mr. KERRY. Mr. President, I ask 4892, as modified. The modification is who work in those facilities. They rep- unanimous consent that the order for at the desk. resent our National Laboratories, as the quorum call be rescinded. The ACTING PRESIDENT pro tem- well as other production facilities and The ACTING PRESIDENT pro tem- pore. The amendment is so modified. related facilities. pore. Without objection, it is so or- Mr. KERRY. Mr. President, if we The point I think is important for dered. could begin the consideration, as I people to remember is that unlike all f mentioned, we are working on that lan- of the other nuclear powers in the RESERVATION OF LEADER TIME guage. I do not want to agree to the world today, the United States does modification yet until we have had a not have an active modernization pro- The ACTING PRESIDENT pro tem- chance to talk with the Senator about gram for our nuclear deterrent, a pro- pore. Under the previous order, the it. I am not saying we will not agree to gram which enables us, for example, to leadership time is reserved. it. I want to see if we can get that remanufacture a component of a weap- f done. If we can begin on the amend- on and replace an existing weapon with EXECUTIVE SESSION ment as originally filed, we can inter- that. rupt to do it with the modification. I The need for this has been made very want a chance to clear it. clear by all of the people in the admin- TREATY WITH RUSSIA ON MEAS- Mr. KYL. I am not asking at this istration who have considered this, in- URES FOR FURTHER REDUCTION time there be an agreement. I am sim- cluding Secretary of Defense Gates. AND LIMITATION OF STRATEGIC ply saying that the amendment I want The Secretary, remember, is, in effect, OFFENSIVE ARMS to bring up is the amendment I filed. the customer for the Department of The ACTING PRESIDENT pro tem- Mr. KERRY. I have no objection to Energy, which is the Department re- pore. Under the previous order, the the as modified to consider it. sponsible for producing these weapons. Senate will proceed to executive ses- Mr. KYL. I will describe the modi- The budget we talk about is a Depart- sion to resume consideration of the fol- fications. They were made in an effort ment of Energy budget, but it is really lowing treaty, which the clerk will re- to get agreement. If we cannot, that is to produce weapons for use by the Sec- port. fine, but I do think it makes it more retary of Defense. The assistant legislative clerk read palatable to Members. Here is what he said about the need as follows: May we have the amendment read. to modernize the production complex, Treaty with Russia on Measures for Fur- The ACTING PRESIDENT pro tem- which is what we call that group of fa- ther Reduction and Limitation of Strategic pore. The clerk will report. cilities, as well as the stockpile: Offensive Arms. The assistant legislative clerk read To be blunt, there is absolutely no way we Pending: as follows: can maintain a credible deterrent and reduce Corker modified amendment No. 4904, to The Senator from Arizona [Mr. KYL] pro- the number of weapons in our stockpile with- provide a condition and an additional ele- poses an amendment numbered 4892, as modi- out either resorting to testing our stockpile ment of the understanding regarding the ef- fied. or pursuing a modernization program. fectiveness and viability of the New START Mr. KYL. Mr. President, I ask unani- Each year, our Laboratory Directors Treaty and United States missile defense. mous consent that the reading of the and the Secretary of Energy are re- The ACTING PRESIDENT pro tem- amendment be dispensed with. quired to provide a certification to the pore. The Senator from Massachusetts The ACTING PRESIDENT pro tem- President that certifies the status of is recognized. pore. Without objection, it is so or- the weapons in the stockpile and Mr. KERRY. Mr. President, we cur- dered. makes determinations as to whether rently have two amendments, one of The amendment is as follows: those weapons are safe, secure, and re- which I believe we will be able to ac- (Purpose: To require a certification regard- liable without the need for testing. cept and one of which we are working ing the design and funding of certain facili- Each year, as we discussed in our on with the Senator from Arizona to ties) closed session, there are reports about determine whether it would need a At the end of subsection (a), add the fol- the status of these weapons. I will talk vote. We should know shortly. We will lowing: in a moment about the material we dis- begin debate on an amendment of the (11) DESIGN AND FUNDING OF CERTAIN FACILI- cussed in the closed session. But suffice Senator from Arizona. Subsequently, TIES.—Prior to the entry into force of the it to say here that there is a great need the Senator from Connecticut, Mr. LIE- New START Treaty, the President shall cer- for us to move with alacrity to bring BERMAN, and the Senator from Ten- tify to the Senate that the President intends to— up to date the weapons that are in our nessee, Mr. CORKER, have an amend- (A) accelerate the design and engineering stockpile and that requires moderniza- ment they want to proceed on with re- phase of the Chemistry and Metallurgy Re- spect to missile defense. Those are the tion of the facilities and related equip- search Replacement (CMRR) building and ment to accomplish that task. only two at this time. We hope to be the Uranium Processing Facility (UPF); and able to get to final passage on this (B) request advanced funding, including on This will require a substantial in- treaty without delay. The Senator a multi-year basis, for the Chemistry and vestment over the next decade. Unfor- from Arizona assured me they are try- metallurgy Research Replacement building tunately, over the years, these facili- ing to work through what that means. and the Uranium Processing Facility upon ties have been allowed to deteriorate, So I think we will proceed without any completion of the design and engineering our capacity to atrophy, and our sci- phase for such facilities. attempt to pin that down with a unani- entists to retire without doing what is mous consent agreement at this point. The ACTING PRESIDENT pro tem- necessary to bring these weapons up to Obviously, for all Senators, we want to pore. The Senator from Arizona is rec- date. try to do this as soon as is practical. ognized. The current budget projection, as ex- I yield the floor. Mr. KYL. Mr. President, this amend- pressed in the 1251 report update, which The ACTING PRESIDENT pro tem- ment has to do with the modernization was dated November 17, 2010, initiates pore. The Senator from Arizona is rec- of our nuclear weapons enterprise. It is that modernization but clearly cannot ognized. a subject with which we began this de- accurately predict future require- Mr. KYL. Mr. President, would it be bate. As we get toward the end of the ments. This is the problem we have in order for me to call up an amend- debate, it remains a piece of unfinished dealt with here. ment at this time? business with which I think we need to The report acknowledges that we The ACTING PRESIDENT pro tem- deal. Remember, the nuclear enterprise have a problem and can estimate today pore. The Senator is recognized for we are talking about consists primarily what we think we can spend over the that purpose. of the facilities that are used to work next few years—say, 5 years—but it is

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23428 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 hard to estimate beyond that as to they were only at a certain point in the added to the delays. What we should be what the exact cost of this is going to planning of these two large facilities, doing is trying to telescope these be. I try to deal with that in this par- and that those funds would be inad- projects as much as possible so we can ticular amendment. equate. meet the deadlines for the refurbishing The Laboratory Directors responsible To note something for our colleagues of our weapons—or maintenance of our for certifying our nuclear weapons re- and of which the Presiding Officer is weapons, I should say—rather—than cently wrote in a letter: very well aware, being one of the two extending the time for the completion As we emphasized in our testimonies, im- Senators responsible for the Los Ala- of the facilities. But unfortunately, plementation of the future vision of the nu- mos facilities, he will recall both he that is what the latest report did. In- clear deterrent . . . will require sustained at- and his colleague and others of us, in stead of accelerating construction of tention and continued refinement. visiting Los Alamos, were told about these two most critical facilities, the In other words, each year they can the problems of building a facility CMRR and the UPF, the updated plan get their estimates more accurate, as there where there theoretically could now delays completion to 2023 and 2024, one might expect, and define more spe- be an earthquake in the near vicinity respectively, rather than 2020. cifically what the exact requirements and the costs of construction have in- As we recall from the executive ses- are. In this case, that generally means creased dramatically because of the sion we had a couple of days ago, there an increase in costs in one area or an- physical needs to protect that facility was information presented as to why other. In fact, Vice President BIDEN, against any conceivable kind of phys- these facilities absolutely needed to be speaking to this precise problem, said: ical problem. That has increased the completed by 2020 in order to accom- [W]e expect that funding requirements will cost of the facilities, and they are try- plish the life extension projects for increase in future budget years. ing to get a handle on how much they some of our weapons. We know that is going to happen. will actually be. They are pretty clear Delay in these facilities will hamper The question is, can we be any more about a ball-park estimate, but a ball- efforts to perform these critical life ex- particular in the funding that we re- park estimate is not quite good enough tensions of our warheads and not in- quire. My amendment seeks to be a lit- for these purposes, as we know. consequentially add significant costs, tle bit more precise or a little bit more I will conclude by saying I am a little again, primarily to keep these aging specific than the current language. distressed by the news stories. We can- facilities operational. As an example, we have to put a At the crux of this modernization not expect the news media to have got- brandnew roof on the facility at Los program is a need for a firm commit- ten into the detail required to actually Alamos even though the facility in 10 ment for the construction of two crit- make policy. They put it in a political or 12 years is no longer going to be ical manufacturing facilities. They are context that the administration put used because it will be replaced. But called the Chemistry and Metallurgy another $4 billion into the pot and why the roof is so bad that the work we Research Replacement, or CMRR, plu- shouldn’t that satisfy people like me. have to do in there is affected by the tonium facility—that is at Los Alamos Of course, that is totally beside the weather, and so we have to build a roof. Laboratory—and the Uranium Proc- point. We are simply trying to get a That is an expenditure one hates to essing Facility, or UPF at the so-called better handle on how much money will make because in 10 or 12 years that Y–12 facility at Oak Ridge, TN. With- be needed and to be able to plan for building is not going to be used any- out these, the capacity to perform that funding in a way that gets it to more. But that is the state of repair we stockpile maintenance will be lost by the facilities in the most expeditious are in. 2020 and there will be no capability to way possible so that, A, we can com- Each year of delay adds to those modernize our aging stockpile. plete the work that has to be done in kinds of maintenance costs. Senator For Members to recall briefly, these time and, B, that will save a lot of CORKER and I and Senator ALEXANDER are, in many cases, facilities that go money, about $200 million a year. were told at the Y–12 facility that it is all the way back to the Manhattan There is every reason to want to un- about a $200-million-a-year cost to Project, the project that created the derstand how much it will cost and get keep these aging facilities going that atomic weapons that enabled us to con- it done quickly. It is not about adding we can eliminate if we can complete clude World War II. Some of these $4 billion. That does not begin to cover the construction of these two large fa- buildings were built as early as 1942, the cost of these items. cilities. and they are not in good shape. In fact, It is not a matter of some kind of ne- One-fourth of the newest increase of when I was with one of my colleagues gotiation that additional money was this $4.1 billion, of which I spoke, for from Tennessee visiting the Y–12 facil- thrown in the pot and is that not good the next 4 years does not even go to the ity, I asked one of the people respon- enough. It is a matter of continuing to buildings or the facility. It simply sible for a particular part of the facil- focus as the cost of these facilities meets an obligation for unfunded pen- ity what his biggest concern was. He evolves and as the requirements evolve, sions that have been allowed to accu- said: My biggest concern is keeping so that Congress, with the administra- mulate over the years. The only good this thing going for another 10 or 12 tion’s request in its budgets, can pro- news about that is, I guess, they would years. When you see the facility, you vide the funding that is necessary when probably have stolen the money from can see that. And that is no way to it is necessary to get these facilities one of the accounts that directly deals deal with the most sophisticated weap- completed as quickly as possible in with the modernization of our weapons ons that mankind has ever invented. order to achieve our modernization in order to meet those unfunded pen- As I said, the current plan is a big goals. sion obligations. So I am glad we were improvement over what we had just a There is no dispute about the fact able to put the billion dollars in there. year or so ago. We got together with that there will be additional money re- But when they talk about $4 billion the administration and asked them to quired. It is just a question of what to more for science work on these weap- relook at the plan they had submitted do about it. ons, that is not true. Fully one-fourth and identify areas where there were de- The updated budget, while commit- of it goes to meet these unfunded pen- ficiencies in funding or planning. They ting additional funds to repairing these sion obligations. came back with an updated report that facilities, will not be able to eliminate There is a need for things outside the revealed funding requirements that had even over 10 years, for example, the science, but clearly the science re- previously not been dealt with. There more than $2 billion of documented quirements are the key ones we are was a little over $4 billion in funding maintenance issues. There are some trying to get money to as much as we added to the first 5 years of the 10-year things that are simply outside the can. program we are looking at as a result. budget and need to be dealt with. The key point also is that the mod- But even there, there was an argu- My biggest concern in the updated ernization is independent of the ratifi- ment that there were uncertainties, modernization plan is actually that it cation of the treaty. It is true that as

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It is true that as we reduce ing, including on a multiyear basis, for of the money—then it will be possible the number, we have to pay even more these two facilities—the CMRR and the for the people who are responsible for attention to whether they are all safe, UPF—upon completion of the design the construction of those facilities, if secure, and reliable. But it is also a and engineering phase of the planning. they can get 15 months of work out of fact that the modernization is inde- What that means is, we are not ask- the first 12 months and spend more pendent of the ratification of the trea- ing them to provide advance funding than 12 months’ worth of money to get ty. for the entire projects, as is done, for that done, that is great. They will have During the hearings that were con- example, when we construct an aircraft been able to accomplish their job more ducted on this treaty, all 16 experts carrier. We are not asking it be done quickly. Each month that goes by adds who provided testimony spoke of the now, when there are still some uncer- costs to the program. So if we can pro- requirement for modernization. Many tainties about exactly what these fa- vide them advance funding of some indicated it is a requirement irrespec- cilities need and how much they will amount—we are not specifying it in tive of START. That is a point that has cost. Los Alamos is still being here—they can probably get the project been made by others as well. tweaked, among other things, as I said, done more quickly and less expen- For example, former Energy Sec- because of the need to make it earth- sively, and that should be a good thing. retary Spencer Abraham in an op-ed re- quake-proof. What we are saying is, I think everybody agrees this would be cently said: upon completion of the design and en- the way to do it. gineering phase of planning, then the There have been two objections pos- The Obama administration’s decision to support increased investment in the mainte- administration requests advance fund- ited, to my knowledge. First, the De- nance of our nuclear weapons lab and stock- ing and on a multiyear basis. partment of Energy has never done it pile is correct and long overdue . . . But the What that means is—and this is fre- this way. That, of course, is not the fact that the administration has revised its quently done with large Defense De- way for us to set policy. I saw my col- policy for the better is in itself no reason for partment contracts, in order to get league on television this morning say- any Senator to endorse START . . . The them done as quickly as possible and as ing what we need is a plan. We are too START treaty and beefed up funding for our inexpensively as possible—there are focused always on what is right in nuclear enterprise are two separate issues multiyear advances of funding so the front of our face. A lot of times, if we that should remain distinct. money can be spent, let us just say hy- have a basic plan everybody knows we The point was also made by the per- pothetically, within a 5-year period by are trying to work toward, it is amaz- son responsible for this modernization the Defense Department for an aircraft ing how much you can accomplish in program—Deputy NNSA Administrator carrier, for example. Instead of having terms of the details. Well, this is the Tom D’Agostino. He said: ‘‘Our plans the Appropriations committees each basic plan. for investment in and modernization of year appropriate a particular amount The Department of Defense does this the modern security enterprise are es- of money, and the work that is done every year because they have large- sential, irrespective of whether or not can only be done within the con- cost construction projects. The Depart- the START treaty is ratified.’’ straints of that particular amount of ment of Energy has never done it that So this has to be done whether the money appropriated in that particular way—except I am not sure that is true. treaty is ratified or not, and I think ev- year, what they say is—and I am just Before there was a Department of En- erybody acknowledges that fact. speaking hypothetically—the cost is, ergy, the Manhattan Project was being So we believe the resolution of ratifi- let’s say, $4 billion, and we know it is built, and GEN Leslie Groves, who is cation needs to address these issues by going to take about 4 years to do this. sort of the father of the Manhattan providing a couple conditions, and we Instead of saying: Well, we are going to Project, didn’t have any problem at all have modified the original language in do $1 billion of appropriations each about advance funding. He went to the order to try to get an agreement. If we year, what they say is: All right. You President and the Congress and said: I can’t, we will vote on it and see what have $4 billion, and if you can get it need this money. They said: What do happens, but I am hoping my col- done more quickly by spending this you need it for? He said: Don’t ask leagues will agree. money more quickly, fine. That will questions, it is secret, and he got the The first is something I know has save us money and it will get the money. That is an oversimplification, been agreed to; that is, a condition the project done quicker. If you can’t, then but he got that project done in less President will provide an annual up- you can’t. But that money is set aside time than anybody could have possibly date of the section 1251 report. in an account for that purpose. imagined because he had the resources The administration is agreeable to That is all we are asking be done provided to him to get it done. this, and it is the way for Congress to here too. These two facilities are both, So when they say it has never been be annually advised of the status of in terms of order of magnitude, about done before, well, actually, it has been this construction, the status of the fa- $5 billion facilities. They might be a done before on this exact—on this cilities, and what more may need to be little less. They are likely to be a little exact—national defense item; namely, done on that. Presumably, that will be more—potentially, in the neighborhood our nuclear enterprise. It is just that it provided at or about the time the budg- of $6 billion or so. Originally, when the was back in the early 1940s when people et is sent to Congress from the admin- administration presented its first 1251 were not so, I guess, concerned about istration. report, the entire 10-year program was each year’s budget and the appropria- Secondly, a condition the President set at $10 billion. We knew that wasn’t tions that would accompany those will certify, prior to entry into force of adequate. We went to the administra- budgets. the treaty, that the President in- tion, they recalculated everything, Secondly, the argument is made tends—so this is not a requirement brought their estimates up to date, and that—and this one may surprise folks— that he has achieved a particular re- said: That is right, $10 billion is not well, if we have, let’s say, 3 years’ sult, but he intends to accelerate the going to be enough. We will add an- worth of funding out there and that design and engineering phase, to the other $4 billion to $6 billion over the money is provided to the Department extent possible, of the CMRR and UPF. first 4 to 6 years. of Energy, the Members of Congress In other words, we are not asking the Undoubtedly, the cost will increase who are on the Appropriations Com- impossible be done, just that to the ex- above that, as has been testified to. My mittee will grab that money—or parts

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The frastructure and added resources for the I think people will realize, over the 8 very people responsible for funding three national laboratories.’’ next decade, as a result of Senator Under Secretary Joseph: ‘‘New START these projects in the Congress, who must be assessed in the context of a robust KYL’s efforts—and Senator KERRY’s co- know they have to be done and who commitment to maintain the necessary nu- operation and the appropriators and have agreed to the advanced funding in clear offensive capabilities required to meet the President and others—that $86 bil- the first place, I think are highly un- today’s threats and those that may lion will be invested in modernizing likely, after that money has been pro- emerge. . . This is a long-term commitment, our nuclear arsenal, and $100 billion vided, to say: Well, we need money for not a one-year budget bump-up’’ 9 will be invested in those delivery vehi- some water projects or something so Secretary Gates: ‘‘This calls for a reinvigo- cles that relate to our warheads. I we will go grab some of that money ration of our nuclear weapons complex that think people realize that while we are is our infrastructure and our science tech- that isn’t spent. The whole reason it nology and engineering base. And I might talking about 1,550 warheads being our isn’t spent is because you have pro- just add, I’ve been up here for the last four deployed limit, we have 3,500 other vided multiyear funding for the project springs trying to get money for this and this warheads that are stockpiled all across for efficiency purposes. So I don’t is the first time I think I’ve got a fair shot our country and those also need to be think that is a reason for us to not ad- of actually getting money for our nuclear ar- modernized. We need to know they are vance funds. senal.10 available. I would like to call to my colleagues’ ENDNOTES I think the Presiding Officer and I attention—and I will let my colleague, 7 Harold Agnew et al., Letter from 10 were able to see where neutron genera- Senator CORKER, put this in the Former National Laboratory Directors to tors were going to expire, where the RECORD because I think either he or Secretary of Defense Robert Gates and Sec- guidance system that guides many of Senator ALEXANDER might talk about retary of Energy Steven Chu. May 19, 2010. our missiles is far less sophisticated 8 Secretary Henry Kissinger, Testimony to it—a letter signed by Senators INOUYE, than the cell phones we have today. In the Senate Foreign Relations Committee. FEINSTEIN, COCHRAN, and ALEXANDER, May 25, 2010. some cases, they still had tubes, such who presumably, in the next Congress, 9 Under Secretary Robert Joseph, Testi- as we had in our old black-and-white will be the chairmen and ranking mem- mony to the Senate Foreign Relations Com- televisions. bers of the full committee and sub- mittee. June 24, 2010. So I wish to thank the Senator from committees responsible for this fund- 10 Secretary Robert Gates, Testimony to Arizona for everything he has done to ing. This letter makes it clear they are the Senate Armed Services Committee. June cause there to be focus on this and for committed to the full funding of the 17, 2010. the fact he has caused it to be dove- modernization of our nuclear weapons Mr. KYL. I thank the Chair, and I tailed; the fact we have an updated 1251 arsenal and that they are asking the will have more to say, but I will let that reflects the needs of our country; President to submit budgets which will other Senators speak. the fact that we have four appropri- provide for the necessary funding for The ACTING PRESIDENT pro tem- ators who now have committed to the this and they commit themselves to pore. The Senator from Tennessee. President they will support this effort; support that funding. Mr. CORKER. Mr. President, as I did the fact the President has said to That is important, and I don’t think yesterday on the floor, I wish to say I them—and all this has been entered we can attribute a motive to Senators cannot thank, and I hope the Senate into the Record—that he will ask for like this, who we all know are entirely will feel the same way—I think our these moneys to modernize our nuclear trustworthy, that somehow after this country will when they understand arsenal. money is advance funded, that Con- what Senator KYL has done—I cannot So, again, Senator KYL has done in- gress or appropriators are going to thank him enough for his thoughtful, credible work in this regard. I think he reach back and grab money they have dogged, persistent efforts as it relates has informed this body, and I think it already provided because they think to modernizing our nuclear arsenal. As is due to his efforts and those of us who there is another purpose they want to a matter of fact, the Presiding Officer have supported his efforts that have spend it for right now. So those are the and I accompanied Senator KYL on a helped to find gaps in our moderniza- reasons why I don’t think that is a bipartisan trip to Sandia and Los Ala- tion program. We have been able to principled argument for why we mos to look at some of the many needs talk to the head of the NNSA and the shouldn’t do this. Having this advance we have throughout our complex in our Lab Directors to focus on those gaps. funding could complete these facilities country, which resides at seven facili- The senior Senator from Tennessee on time, rather than with a 2- or 3-year ties across the country. It is that fore- has helped tremendously in that re- delay, and we could save literally hun- sight that Senator KYL has displayed, gard. He and Senator KYL and Senator dreds of millions of dollars. beginning years ago but especially fo- LUGAR have actually gone through Mr. President, I ask unanimous con- cused over this last year, that I think other sites—sites I did not go through sent to have printed in the RECORD has led to incredible results. with Senator KYL myself. So this has some additional quotations on the need While the Senator and I are obvi- been a collective effort led by Senator for modernization from former labora- ously going to end up in different KYL. tory Directors, an Under Secretary of places, it appears, on this treaty—and Again, I know we will end up in a dif- Defense, the current Secretary of De- there is no question the treaty and ferent place on the treaty as a whole, fense, the former Secretary of State, modernization are two very different but it is my hope that the administra- Henry Kissinger, and there are many things—there is no question in my tion and Senator KERRY will accept the more we could produce. mind that we would not have the mod- changes Senator KYL has put forth in There being no objection, the mate- ernization commitments we have in his amendment. It is my hope that by rial was ordered to be printed in the hand today if it were not for the trea- unanimous consent we can add this to RECORD, as follows: ty. So, for me, it is this whole body of the treaty. Even if that does not occur, ADDITIONAL QUOTES ON MODERNIZATION work that works together, and in my there is no question that the contribu- Former laboratory directors: ‘‘However, we opinion makes this decision one that is tions of Senator KYL to the commit- believe there are serious shortfalls in stock- very easy to make because of the en- ments that are so important to ensur- pile surveillance activities, personnel, infra- tire body of work. ing our country is safe and secure by structure, and the basic sciences necessary I wish to say that Senator KYL, virtue of having a reliable, safe, de- to recover from the successive budget reduc- through his efforts, has caused there to pendable, nuclear arsenal not only will tions of the last five years.’’ 7 Secretary Kissinger: ‘‘As part of a number be two updates to what is called the be evident today, but they will be evi- of recommendations, my colleagues, Bill Defense authorization 1251. That is dent for generations to come. For that, Perry, George Shultz, Sam Nunn, and I have something that is required by our De- I thank him deeply.

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I yield the floor. This is not home cooking by JON KYL. retary Gates in the Department of De- The ACTING PRESIDENT pro tem- This is a man who, for a couple dec- fense; Secretary Chu; Tom D’Agostino; pore. The Senator from Tennessee is ades, has made our nuclear posture his his Deputy Director of NNSA, Don recognized. business and has made sure he knows Cook; the Lab Directors who are in- Mr. ALEXANDER. Mr. President, I as much about it as anyone and has credible public servants. We visited came to the floor to express my admi- made sure the rest of us paid attention with them. These are some of the ration for the Senator from Arizona. I to it when we might be more interested brightest people in the country and the was listening to his address and I heard in the issue of the moment. So it is an folks who work with them, many of my colleague from Tennessee. example of a Senator doing his job very whom, almost all of whom are about Senator KYL’s work on nuclear mod- well. I am deeply grateful for that and ready to retire, those people who actu- ernization is no surprise to any of us I am proud to serve in the Senate with ally designed and developed the weap- who know him very well because his such a person. ons we now have. There are a lot of approach to issues is a principled one, I would like to mention the letters I people who devoted their lives to what and once he determines the principle, had printed in the RECORD yesterday. very few people know or understand. he is dogged. He is a determined per- They are such an integral part of the They are now being asked to do a very son. He basically took this issue of nu- remarks of Senator KYL and Senator difficult and complicated job in very clear modernization, which is not on CORKER—the letter to the President of difficult surroundings. the lips of very many people in the December 16, from Senators INOUYE and Part of what we are asking for—it is United States—the question of whether COCHRAN, the ranking members of the not just a matter of convenience, as our nuclear weapons are safe and reli- Appropriations Committee on both Senator ALEXANDER said, it is a matter able, whether they will work—he sides of the aisle, and Senator FEIN- of absolute necessity that these facili- pulled it out of a trash bin and put it STEIN and I, who are both members of ties be capable of dealing with these on the front page of a national debate. the appropriate subcommittee for deal- He did it in connection with the complex weapons. That is why they are ing with this, as well as the President’s START treaty, but as he said in his expensive, but they are absolutely response of December 20. own remarks, this should be done needed. I thank both my colleagues for In concluding my remarks, I would whether you are for the START treaty having devoted a lot of their own time like to also congratulate Senator KYL or against the START treaty. It is and attention to this issue and in sup- for his comments about advanced fund- completely independent, in that sense. porting the efforts of modernization so In my view, under no circumstances ing. We want to do things in an orderly we can get this job done properly. I ap- should the START treaty be ratified way in government, but it makes no preciate their remarks. without doing this. That would be like sense for us to build buildings in the I also would like to proffer a unani- reducing our weapons and leaving us most expensive way, particularly when mous consent request. I ask unanimous with a collection of wet matches. We there is an urgent deadline that is in consent to yield 1 hour of the time al- need to make sure what we have left the national interest. So if indeed by located to the Republican leader works. But this is sort of the building these buildings more rapidly postcloture to Senator KYL. showhorse/workhorse Senator distinc- and saving the annual maintenance The ACTING PRESIDENT pro tem- tion. This is an issue on the back burn- costs we could save the taxpayers hun- pore. Is there objection? Without objec- er. It is an unpleasant issue. No one dreds of millions of dollars at a time tion, it is so ordered. likes to talk about making nuclear when we are borrowing 42 cents out of Mr. KYL. I thank my colleagues. weapons, each one of which could be 30 every $1 and every one of us is going to The ACTING PRESIDENT pro tem- times as powerful as the bomb that was be looking for ways to save money, pore. The Senator from South Dakota dropped on Hiroshima and ended the Senator KYL’s suggestion about ad- is recognized. war, but it is a part of the reality in vanced funding, which may not be the Mr. THUNE. Mr. President, I do want the United States and in the world way the Department of Energy has to rise in support of the Kyl amend- today. done it before, ought to be the way we ment No. 4892 and echo the sentiments As Senator CORKER was saying and as do it now. We didn’t used to have a big expressed by my colleague from Ten- Senator KYL said when each of us vis- dip like we do now. Let’s look for ways nessee about the good work of the Sen- ited in different times, different to save hundreds of millions of dollars. ator from Arizona. He has been a tire- places—Senator KYL came to Ten- We know we are going to have to mod- less advocate for modernization. It is nessee. I was with him there. He has ernize these weapons, START treaty or something that needed to happen, irre- talked to many more people than I no START treaty, as the Senator said. spective of whether there was a treaty, have on this subject—these weapons We know we are going to have to save but it certainly became a condition in are being modernized in facilities that money. Let’s accept the Senator’s sug- order to have a treaty. If you are talk- are completely outdated. It would be as gestion about advanced funding of ing about reducing the number of your if we were making Corvettes in a Model these large facilities. As one member of nuclear weapons, you certainly want to T factory. the appropriations committee, I am improve the quality of the ones you Worse than that, it is not just an in- going to do my best to follow his sug- have. convenience to the workers there, it is gestion. Unlike other nuclear powers, the a threat to their safety, and it is a I am here to congratulate him for a United States has not had an active waste of taxpayers’ money. As the Sen- superior, statesmanlike piece of work, modernization program for our nuclear ator from Arizona said, after a certain both on the treaty which he has deterrent. number of years—I am not sure of the worked to improve but also on the nu- We have heard from people who rec- exact number anymore, maybe 15 clear modernization issue which he sin- ognize the importance of modernizing years, some number of years—this pays gle-handedly has put upfront before our nuclear deterrent. I will not reit- for itself. The modernization of these those of us in the Senate and the erate all of those, but I wish to point facilities, the bringing them up to date, American people and it makes our out, Secretary Gates said recently—he means the taxpayers will pay just as country safer and more secure. couldn’t be any more clear that nu- much to operate these old facilities as The ACTING PRESIDENT pro tem- clear modernization is a prerequisite to they would to spend $5 billion or $6 bil- pore. The Senator from Arizona. nuclear reductions when he said: lion or whatever it is to improve these Mr. KYL. Mr. President, I wish to thank both my colleagues from Ten- To be blunt, there is absolutely no way we two big new facilities and the other in- can maintain a credible deterrent and reduce frastructure and the other things we nessee for their very kind remarks. Ac- the numbers of weapons in our stockpile need to do. tually, the place we have gotten, what without either resorting to testing our It ought to be said as well that not we have achieved, is due to the efforts stockpile or pursuing a modernization pro- one of these facilities is in Arizona. of a lot of people. It starts with Sec- gram.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23432 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 Similarly, Thomas D’Agostino, the resolution of ratification requiring the noted, a superb job of putting on the head of the National Security Adminis- President to submit an annual update radar screen of all Members of the Sen- tration or NNSA said nuclear mod- to the section 1251 report. The 1251 re- ate the essential and critical nature of ernization is a prerequisite to nuclear port is something annually that comes getting this issue of modernization ad- reductions, stating: ‘‘ . . . as our stock- up here that gives us an update on the dressed. He deserves great credit for pile gets smaller, it becomes increas- nuclear weapons arsenal. Now we will doing that. I appreciate the work of the ingly important that our remaining have, thanks to the amendment adopt- Senator from Massachusetts in cooper- forces are safe, secure and effective.’’ ed earlier, a certification with regard ating with him in this treaty process In the same speech I just quoted from to the necessary investment in delivery to have these amendments and this by Secretary Gates, he pointed out: vehicle modernization, which is an language accepted because it is essen- ‘‘Currently, the United States is the issue I addressed in an amendment ear- tial. only declared nuclear power that is lier in this debate and a critically im- I think it will make not only this neither modernizing its nuclear arsenal portant one. The Senator has already treaty stronger, but it will also make nor has the capability to produce a new addressed that in a previous amend- the nuclear complex that much strong- nuclear warhead.’’ ment that was accepted by the pro- er. And that, of course, is absolutely It is difficult to overstate the dire ponents of the treaty. That was an im- essential when it comes to America’s condition of the U.S. nuclear weapons portant step forward. national security interests. complex. Its physical infrastructure is This particular amendment deals So I support the amendment of the crumbling and its intellectual edifice is with the facilities and is also critically Senator from Arizona. I hope it will be aging. The Strategic Posture Commis- important. What it will do is require, accepted and adopted in the resolution sion, chaired by William Perry and in the 1251 report, that the President, of ratification, and that before this James Schlesinger, found that certain when he submits his 10-year plan with treaty is adopted this essential issue facilities of the nuclear weapons com- budget estimates for modernization of will be not only addressed, as it is in plex are ‘‘genuinely decrepit’’ and the the U.S. nuclear complex, that he also the underlying treaty, but addressed— complex’s ‘‘intellectual infrastructure presents an accelerated design and en- that language even strengthened and . . . is in serious trouble.’’ gineering plan for the nuclear facilities made more durable by these amend- I met with experts throughout the and a commitment to funding those. ments. Senate’s consideration of New START, So this amendment, such as the one I yield the floor. and they confirm for me the accuracy that would call for modernization of The PRESIDING OFFICER (Mr. of these descriptions. I might say to the delivery vehicles, is a critical part CASEY.) The Senator from New Mexico. the Presiding Officer, whose State is of the nuclear complex we have, of Mr. UDALL of New Mexico. Mr. home to Los Alamos and Sandia Na- making sure it is reliable, that it President, I yield my hour of tional Laboratories, we were able to works, and that it is ready and pre- postcloture time to Senator KERRY. visit those along with Senator KYL, the pared for whatever challenge may face The PRESIDING OFFICER. The Sen- Senator from Tennessee and others, us in the future. As I said earlier, there ator has that right. The Senator from and had an opportunity to observe are many of the experts, and you talk Massachusetts. some of the facilities and buildings to the Lab Directors themselves, who Mr. KERRY. Mr. President, I thank which are referenced in this amend- recognize the importance of making the Senator from New Mexico very ment. It is absolutely clear, beyond the the investments that need to be made much. I do not intend to use that much shadow of a doubt, that we have to in this if we are going to keep that nu- time, but we will see what develops make the necessary upgrades and im- clear arsenal ready. here. provements if we intend to keep our I wish to read one other quote again. Let me speak quickly to this amend- nuclear arsenal modern and prepared Deputy Administrator D’Agostino said: ment. I want to begin by saying every- to deal with the threats we might face Our plans for investment in and mod- one in this Senate is respectful of how in the future. ernization of the modern security enterprise hard the Senator from Arizona has The idea that the modernization of are essential, irrespective of whether or not worked to bring attention, appropriate the U.S. nuclear complex and delivery the START treaty is ratified. attention, to the effort to keep up our force is an absolute prerequisite for nu- I suspect before all is said and done, nuclear deterrent. He has pushed to clear reductions envisioned in New the START treaty will be ratified. But correct what this administration saw START has been clear to the Obama in any event, this process needed to be as too many years of neglect for the administration throughout the New undertaken irrespective of whether work of the nuclear weapons complex. I START process. In fact, in December of there is a treaty because it is that im- am glad to say this administration has 2009, 41 Senators wrote to the President portant to the future of our country not only heard him, but many other and said in that letter: and our national security. Members of the Senate, from both sides Funding for such a modernization program Again, if I might point out, very of the aisle, have joined in this effort beginning in earnest in your 2011 budget is briefly, what this amendment does, the to call attention to the modernization needed as the United States considers the resolution of ratification must clearly needs of our nuclear deterrent. further nuclear weapons reductions proposed call for a condition that the President The administration has appropriately in the START follow-on negotiations. will provide an annual update to the pushed hard for an unprecedented level Just to be clear, what is moderniza- section 1251 report in that as a condi- of funding for this work. In these dif- tion? This includes improvements to tion the President will certify prior to ficult budgetary times, I do not think the physical elements of the nuclear entry into force of the treaty that he anybody here would argue that moving weapons complex. It involves the war- intends to accelerate the design and a 10-year budget from $70 billion to heads and delivery vehicles themselves engineering phase of the chemical fa- over $85 billion, which they have done, as well as facility infrastructure. Mod- cility and the uranium processing fa- what President Obama has done, shows ernization also requires maintenance of cility, request full funding for both of an extraordinary commitment to this the intellectual capacity and capabili- those facilities upon completion of the enterprise by this administration. ties underlying that complex; namely, design and engineering phase of the That is why the three directors of the the designer and technical workforce. plan, and an understanding that failure nuclear laboratories told Senator The amendment, as proposed by Sen- to fund the modernization plan would LUGAR and me, ‘‘The proposed budgets ator KYL, makes clear in the resolution constitute a basis for withdrawal from provide adequate support to sustain of ratification how critical moderniza- the START treaty. the safety, security, reliability and ef- tion is to the United States while it is This is, again, a fairly straight- fectiveness of America’s nuclear deter- reducing its nuclear arsenal. First, the forward amendment. The Senator from rent within the limit of 1,550 deployed amendment places a condition in the Arizona has done, as has already been strategic warheads established by the

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23433 New START treaty, with adequate con- going to take a certain number of do because of the Congress and other fidence and acceptable risk.’’ years to build. That is a reality. That things that are tied to it. That is also why Tom D’Agostino, is how complex and challenging the I reserve the balance of my time. the head of the National Nuclear Secu- task is. The ACTING PRESIDENT pro tem- rity Administration, could say a few The early cost and design estimates pore. The Senator from Tennessee is days ago, ‘‘Having been appointed to are that the uranium facility is going recognized. my position by President George W. to cost somewhere between $4 billion Mr. ALEXANDER. I ask unanimous Bush, and reappointed by President and $6 billion, and the plutonium facil- consent to have 4 or 5 minutes. Barack Obama, I can say with cer- ity is going to cost about the same. So The ACTING PRESIDENT pro tem- tainty that our nuclear infrastructure we all remember the old saying around pore. Without objection, it is so or- has never received the level of support here, we have got a lot of Senators who dered. that we have today.’’ are talking about waste in the process Mr. ALEXANDER. I listened to Sen- Given all that has happened in the of governance. The last thing we want ator KERRY’s remarks just now. This is past year, all that has been certified to do in this budget, in my judgment, an excellent discussion. Not only do I and pledged, and all that we know the is create an environment of haste that applaud Senator KYL for resurrecting administration absolutely plans to do, does not measure properly what we are the whole focus on nuclear moderniza- it is hard to understand why anyone doing. We ought to listen to the ex- tion, I applaud the President for the has a question about the nuclear stock- perts on this a little bit, the people updated report that was received on pile provision at this point in time. who are doing the design and the engi- November 17. A lot of work was done. This particular amendment, unneces- neering, who tell us it is no simple This is a lot of money to say we want sary therefore in the light of what I matter in the world of nuclear weapons to make sure these nuclear weapons have just said, does not present funda- production. It involves hundreds of sci- work and we are going to spend $85 bil- mental problems in terms of the words entists and engineers working on every lion over 10 years. ‘‘to the extent possible we should ac- single aspect of the plant, in order to The intent of Senator KYL’s amend- celerate.’’ That is exactly what they make sure it is going to work, that it ment, though, is not to tie the Presi- are doing. They are accelerating, to the is going to be secure, and it is going to dent’s hands, it is to give him more op- extent possible. be as safe as humanly possible. tions. I think it is to encourage this But paragraph B presents a number You cannot just throw money at an big, slow-moving government not to of different issues. Most importantly, ongoing design and engineering effort waste the money but to save money. the amendment itself requires that the and then automatically expect it can The language says: The President shall treaty not go into force until all of the accelerate beyond an already signifi- certify to the Senate the President in- these additional certifications are cant increase. We have gone up $15 bil- tends to accelerate, to the extent pos- made. The administration has made it lion. If you hire a whole bunch of engi- sible, the design and engineering phase. crystal clear that it is committed to neers who are new to the project, they At the Oak Ridge facilities, which funding these facilities. If you read the do not know what they are doing yet. Senator KYL visited, he was told that update section of the 1251 report that That is a recipe for both inefficiency the savings annually to taxpayers of the administration provided, at Sen- and possibly even the increase of de- having the new facility versus the old ator KYL’s request, and they provided sign risks or other kinds of issues. facility are in excess of $200 million. So that in November, here is what they The truth is, if you cram all of these every year we do it, every year this is say: The administration is committed billions into a very short fiscal period, completed, the taxpayers save $200 mil- to fully fund the construction of the in addition to that, as this amendment lion. So if the President and the Appro- uranium processing facility and the seeks to try to force, you could unnec- priations Committee should decide chemistry-metallurgy research re- essarily create competition within that a 2-year or 3-year advanced fund- placement, and is doing so in a manner other nuclear weapons activities, such ing will save $200 million a year at a that does not redirect funding from the as the ongoing warhead life extension time when we are all dedicated to try- core mission of managing the stockpile programs, and our critical warhead ing to save money, we should do that. and sustaining the science, technology, surveillance efforts. You might say, well, why do we need and engineering foundation. The bottom line here is there is a to say this in the Senate? The answer So before we come to this moment, place and a way to do this. We have an is, we have never done it before. And Senators were concerned about wheth- authorizing committee. The Armed the U.S. Government, if you have never er the administration was committed Services Committee is the committee done it before, takes a little nudge to to the facilities. Then the administra- that ought to be doing this, not some pay attention to it. tion made it very clear they are com- amendment that comes in attached to So Senator KYL has made an amend- mitted. The President made that com- the treaty, and linking the treaty ment, and if I understand it correctly, mitment as clear as could be in 1251. going into force to all of these other Senator KERRY amended the amend- Now the concern is, they are not build- things being certified. ment a little bit to make it softer, to ing the facilities fast enough. I think the Appropriations Com- say, the President intends to accel- Well, that runs completely contrary mittee, as well as the Armed Services erate, to the extent possible. So this is to what the people designing it think is Committee, would powerfully endorse suggesting to the Department of En- happening and want to do. And, inci- that notion here on the floor at this ergy, which has never done it this way dentally, if you put additional funding point in time. We can compel the before, that we think it is a good idea, into hiring additional people, by the President to ask for upfront funding. if it is practical, and if it saves money. time you find them and get them, and But that does not guarantee that the There is also the matter of getting it they are qualified and they come, they President is necessarily going to re- done on time. Senator KYL talked are going to be finished with the job of ceive it. And this links it to the notion about that, the dates we talked about the additional design and early con- he can certify that he has. in the executive session. So I would struction planning. So I agree with my colleague, the argue to my colleagues that the Kyl If this were a post office we were try- last administration took way too long amendment is respectful of the Presi- ing to think about building, maybe you to focus on this issue, and Senator KYL dent’s prerogatives, which he ought to could be a little more sanguine about has done an important service to the have. He is the manager of the govern- saying, go ahead and accelerate it. But Senate, to the country, and to this ment. He is the Commander in Chief. we are talking about multibillion-dol- process, to help to focus on it. But it But it says: If we can think of a way to lar, complicated facilities that require makes no sense to use a resolution on do this in a way that saves $200 million very significant, sensitive, difficult a treaty to lock the President into a year, year after year after year, why substances management. They are doing something he cannot necessarily should we not do it?

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23434 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 I will bet during the next session of Mr. CASEY. Mr. President, as we national Atomic Energy Agency want Congress, if we do our job properly in continue to work through the amend- New START ratified. this body, we are going to be com- ments, I rise to outline what is at A world without New START is one peting with each other to find ways to stake in the debate and describe what in which Russia’s Government is per- save $10 million a year, $20 million a the world would be like without the haps less likely to help stop Iran’s nu- year, $100 million a year, because of the New START treaty accord. clear weapons program. A world with- incredible deficit. We have got bipar- Every Senator here took an oath to out New START is one in which Iran tisan concern about that deficit. We support and defend the Constitution perhaps is given access to Russian S– had two Democratic Senators and against all enemies foreign and domes- 300 missiles, a weapon capable of reach- three Republican Senators support the tic. We have an obligation to support a ing the State of Israel. This is one rea- debt commission. strong national defense. son the Anti-Defamation League, B’nai I would suggest to my friend from First, a world without New START is B’rith, the American Jewish Com- Massachusetts it is not possible that one in which more nuclear missiles are mittee, and other prominent pro-Israel you have modified the Kyl amendment pointed at Americans. This treaty re- groups want New START ratified. to the extent it ought to be accepted, duces that number. In a world without New START, so that the President can get a signal A world without a New START ac- there is no way the Russians will agree from the Senate that if he thinks he cord is one in which we have no nuclear to decrease their tactical nuclear can do this, to the extent possible, that inspectors on the ground in Russia. weapons. Our friends in Eastern Europe accelerating the building of these big These inspectors have more than a dec- and those across the continent will be facilities by 2 or 3 years, if it would ade of experience inspecting Russian less secure in the knowledge that save $400, $500, $600 million, that we nuclear sites. They were involved in threats to their security are not dimin- want to encourage him to do that. the negotiation process to ensure that ishing but could, in fact, be growing. That is my only thought. there are strong inspection provisions That is the reason 25 European Foreign I yield the floor. in the treaty. But without New Ministers want this treaty ratified. The ACTING PRESIDENT pro tem- START, these inspectors would not be A world without New START is one pore. The Senator from Massachusetts. able to return to work. Furthermore, in which the 1970 Nuclear Non-Pro- Mr. KERRY. Mr. President, I thank without onsite inspections, our intel- liferation Treaty, the so-called NPT, the Senator very much for his partici- ligence services will still be required to the cornerstone of preventing nuclear pation and contribution to this effort. I collect information on Russia’s nuclear weapons states, is severely threatened. am trying to work to see if—as I have weapons infrastructure. What does this mean in practical said, there are certain components of On December 20 of this year, ADM terms? The New START accord is a this that make it difficult to accept, Mike Mullen, Chairman of the Joint clear demonstration that the United that multiyear piece and so forth. Chiefs of Staff, wrote to the Senate: States is upholding our obligations But the notion of reaffirming the An extended delay in ratification may under the NPT, which in turn can help commitment the President has made is eventually force an inordinate and unwise secure support from other countries for not difficult to make. From our judg- shift in scarce resources from other high pri- a strong arms control regime and as- ment, the President has really ad- ority requirements to maintain adequate sistance on other nonproliferation dressed this as significantly as one can awareness of Russian nuclear forces. issues. Many countries see nuclear ter- by putting the $85 billion there, by In a world without New START, our rorism as a problem for the United making it clear they are moving for- intelligence capabilities will be States and for the West. In a world ward, they are going to fully fund it, stretched, which could give the en- without New START, these countries and by helping the Appropriations emies of our troops on the ground an would seriously question our commit- Committee members to provide the let- advantage. We cannot allow that to ment to the NPT. These countries ter which speaks to their good faith happen. would question that right away. going forward. All of those steps have These are just some of the direct ef- Without New START, government of- taken place. fects. What about some of the indirect ficials around the world will question We just don’t want to get into a situ- effects of a world without New START? the U.S. commitment to nonprolifera- ation where we are creating another The cascade effect on U.S. national se- tion itself. They will ask: If the United hurdle to get over before the treaty curity interests without New START is States is not seriously committed to goes into effect. If we could find a way substantial. arms control and nonproliferation, why as a declaration or some way to re- A world without New START is one should we be? frame this condition—I am working in which the Russians are less likely to A world without New START con- with the administration to see if we provide land and air access to supply tains many hard realities for the can do that—we would be happy to try U.S. troops in Afghanistan. The North- United States. Ratification of this to restate it. ern Distribution Network is a crucial treaty is not a political victory for one Mr. ALEXANDER. I thank the Sen- supply route for our troops in Afghani- party or another; it is a national secu- ator. No one is doubting the Presi- stan. This means that just as we have rity victory for our great Nation, for dent’s commitment. He has made an reached full troop strength in Afghani- our nuclear security—from nuclear se- extraordinary commitment. I con- stan, supply lines would become in- curity, to the security of our troops in gratulate him for that. It is just the creasingly strained. Today, supply Afghanistan, to the security of our ally suggestion of doing it a little dif- routes through Pakistan are increas- Israel. ferently, if the President thinks it is ingly dangerous. Just the other day, A world without New START is one practical, because it might save $200 two fuel tankers meant to supply our in which the enemies of America will million a year, year after year after troops were attacked and the drivers breathe a little easier. Strained U.S. year. A suggestion from us like that were killed in Pakistan. This is one of supply lines make life easier for the could make the difference in those sav- the reasons the leadership of our uni- Taliban. Fewer available intelligence ings. I thank the Senator for working formed military want New START capabilities would make life easier for in that spirit. ratified. al-Qaida terrorists in Pakistan tribal The ACTING PRESIDENT pro tem- A world without New START is one areas. A strained U.S.-Russian rela- pore. The Senator from Pennsylvania. in which there is more Russian fissile tionship makes life easier for the gov- Mr. CASEY. I ask unanimous consent material in existence, material which ernment of the regime in Iran. to speak for up to 15 minutes. could be stolen for use in a terrorist at- A world without New START makes The ACTING PRESIDENT pro tem- tack. life easier for terrorists trafficking in pore. Without objection, it is so or- There are many reasons top U.S. fissile material to travel across bor- dered. counterterrorism officials in the Inter- ders.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23435 A world without New START means must make progress on securing fissile I submit also that the verification no negotiations with the Russians to material around the world. provisions of this treaty are weak, al- decrease their tactical nuclear weap- This is a strong resolution of ratifi- lowing only 18 inspections a year for an ons. cation. It passed out of the Foreign Re- arsenal of more than 1,500 weapons. Ob- The world I just described isn’t a lations Committee by a bipartisan vote viously, the ability to get more than a world we have to settle for. A world of 14 to 4. It includes strong language sampling of Russian Federation com- without New START is not a world we on missile defense, verification, and pliance would be impossible given the have to accept. We must give the tactical nuclear weapons. relatively few number of inspections American people some peace of mind as Finally, the American people are permitted under the treaty. to our national security. That is a watching. According to a November As we have discussed off and on over world with a New START treaty. We 2010 CNN poll, 73 percent of Americans the last few days, the preamble of the must ratify this treaty and diminish support ratification of this treaty. treaty itself is ambiguous and has been the number of nuclear weapons pointed They understand the implications of a construed by the Russians themselves at the United States today. We must world without the New START agree- as limiting the ability of the United deploy nuclear inspectors to Russia, ment. States to expand its own missile de- thus returning stability and trans- In a hurricane of partisan rancor and fense system. parency to our nuclear relationship, political battles, the national security I realize the President of the United and take the burden off of our intel- consensus is as strong as an oak tree in States has submitted a letter stating ligence agencies. support of the New START agree- his unilateral opinion of what that A world with New START means a ment—all six living former Secretaries treaty obligation means, but, of course, more constructive relationship with of State, five former Secretaries of De- treaty obligations are not unilateral Russia, which is good for our troops in fense, three former National Security declarations, they are bilateral agree- Afghanistan and bad for the regime in Advisers, seven former commanders of ments. Of course, the consequence of a Iran. the U.S. Strategic Command, the en- misunderstanding over this important A world with New START means the tire Joint Chiefs of Staff, our intel- issue of missile defense could allow ei- beginning of a conversation with the ligence services, the President, and ther side to withdraw from the treaty Russians on tactical nuclear weapons. three former Presidents. and, indeed, the threat of withdrawal A world with New START is one in The American people have a right to from the treaty because of this mis- which there is less fissile material for expect ratification of New START. understanding is something that could terrorists to steal or buy on the black They want New START and will hold be avoided in the first instance if, in market. us accountable if we do not ratify it. fact, some of the amendments address- A world with New START means in- Let’s vote for New START’s resolution ing missile defense were allowed and creased cooperation with countries of ratification and cast a strong bipar- the treaty modified to that extent. At combating nuclear terrorism. The most tisan vote in favor of our national se- that time, the Russians could then be serious threat to U.S. national security curity. asked: Will you agree with this modi- is the threat of nuclear weapons in the I close with commendations for both fication, and we would know upfront, hands of terrorists. In 1961, at the our chairman, Senator KERRY, and not on the back end, their sincere in- United Nations, President John F. Ken- Ranking Member LUGAR and so many tentions. nedy said: others who have worked so hard to But I would say that the New START Every man, woman and child lives under a make sure we can ratify this treaty. treaty has flaws when you look at it, nuclear sword of Damocles, hanging by the I yield the floor. not only in its various provisions; that slenderest of threads, capable of being cut at The ACTING PRESIDENT pro tem- is, when you reason from the whole to any moment by accident or miscalculation pore. The Senator from Texas is recog- its parts, but I would suggest the trea- or by madness. nized. ty also fails when you look at it the Some have observed that in this post- Mr. CORNYN. Mr. President, may I other way around, when you reason 9/11 era of increased terrorism, we may inquire, is there any time limitation on from the parts to the whole, when you be more vulnerable to a nuclear attack Senators at this point? see this treaty is another example, an- than we were during the Cold War. The ACTING PRESIDENT pro tem- other symptom, of a foreign policy that Today, the sword of Damocles still pore. The Senate is operating sends a message of timidity, even am- hangs by the slenderest of threads, but postcloture, and each Senator has up bivalence, not only about our own se- we have the ability to prevent this to 1 hour. curity but about America’s leadership threat by minimizing access terrorists Mr. CORNYN. I thank the Chair. I as- role in a very dangerous world. would have to nuclear material. sure my colleagues, I will not use the This larger strategic context is what President Obama’s nuclear security full hour, which I am sure is good news. we need to keep in mind. We all know summit earlier this year was a historic Mr. President, I oppose the ratifica- that President Obama has set incred- event. It helped create a foundation tion of the New START treaty for the ibly high expectations for his Presi- upon which other countries will take reasons many of my colleagues have dency in terms of how he would con- up the challenge of nuclear security articulated and to which I have pre- duct American foreign policy. In an and cooperate with the United States viously spoken. The treaty requires early Presidential debate, for example, to accomplish the President’s goal of unilateral reductions of the United he promised to meet with the leaders of securing all fissile material in 4 years. States on strategic nuclear weapons. It five rogue nations—Iran, Syria, Ven- We cannot do this alone. In order to fails to address tactical nuclear weap- ezuela, Cuba, and North Korea—‘‘with- confront this most serious threat to ons—an area in which the Russian Fed- out precondition during the first year U.S. national security, we need to build eration has a 10-to-1 advantage. This is of [his] administration.’’ Well, we now stronger ties with our allies around the not an idle or incidental matter. know that never happened. world, and part of building that trust is GEN Nikolai Patrusheb, Secretary of After he won the nomination, you rebuilding our own credibility on non- the Russian National Security Council, will recall, in his famous speech he proliferation issues. This New START a body in charge of military doctrine, gave in the city of Berlin, while still a agreement is a very positive step in has declared that Russia may not only candidate for the Presidency, he de- that direction. It is an essential predi- use nuclear weapons preemptively in clared he was a ‘‘citizen of the world.’’ cate for fulfilling our commitments local conflicts such as Georgia or Also, he said: ‘‘This is the moment under the nonproliferation treaty—a Chechnya but may deliver a nuclear when we must come together to save key marker for many potential allies blow against the aggressor in a critical this planet.’’ on a range of nuclear security issues. situation, based on intelligence evalua- President Obama was not the only Upon ratification of New START, we tions of his intentions. one promoting a grandiose vision of his

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23436 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 Presidency. Remember the Nobel Prize nuclear free and a President who trav- The Bush administration rightly re- Committee received his nomination for els abroad and apologizes for America’s jected those Russian demands and—you the Peace Prize less than 6 weeks after strength? Regretfully, I can only con- know what—we got a good treaty any- President Obama took office. In the ci- clude it sends an impression of weak- way. The Obama administration, on tation for the award last year, they ness and a lack of determination to the other hand, gave Russia what it said: maintain America’s leadership in the wanted—or what it says it wanted— [President] Obama has as President cre- world. We know there are dangerous among other concessions. But that is ated a new climate in international politics. consequences associated with an inter- not the only concession that was given ... pretation by others that America has under the New START treaty. Only very rarely has a person to the same lost its resolve to lead the world or to I would ask my colleagues, Where are extent as Obama captured the world’s atten- maintain its own security and to pro- the concessions that Russia made to us tion and given its people hope for a better fu- tect its allies. in this treaty? Where are the conces- ture. President Reagan said famously: sions that Russia made to us? And You might ask, What relevance does We maintain the peace through our what in the treaty is a good deal for this have to our consideration of the strength; weakness only invites aggression. the United States? START treaty? The relevance is that a Experience has proven the truth of But my colleagues may reply, So big part of this utopian dream of a those words. what. So what if the Obama adminis- ‘‘new climate in international politics’’ We should recall that the President tration’s world view is a little bit has been the elimination of all nuclear of the United States conducted naive. So what if the Russians nego- weapons. YouTube diplomacy by recording a tiated a much better deal for them- In that Berlin speech, then-Senator video for Iran’s leaders—but then with- selves than the Obama administration Obama said that one of his priorities held comment when those same leaders got for the United States. Shouldn’t we was to ‘‘renew the goal of a world with- were brutally crushing a pro-democ- go ahead and approve the treaty any- out nuclear weapons.’’ racy movement and their own people’s way? What harm could it do? Couldn’t The citation for the Nobel Peace hopes for freedom. it help build a better relationship with Prize included this observation: The President has treated several of the Russian Federation and help trans- The Committee has attached special im- our allies without the respect they de- form America’s reputation in the portance to Obama’s vision of and work for a serve. Some have been, like Britain, world? Those are actually good questions. world without nuclear weapons. slighted; others, like Israel, have been The vision of a world free from nuclear But the answers are sobering. The ad- lectured; and other of our allies have arms has powerfully stimulated disar- ministration has long argued that its been thrown under the bus on missile mament and arms control negotiations. approach to diplomacy was not only defense, like Poland and the Czech Re- Indeed, in an op-ed piece, authored by good for its own sake, but it would public. the Secretary of State Hillary Clinton, strengthen relationships with nations He has been so idealistic and naive, dated April 7, 2010, in the Guardian, she all around the world. I would ask you, you might say, about the subject of nu- argues that the START treaty is an how has that worked out? clear weapons that President Sarkozy important step toward a nuclear-free Charles Krauthammer reviewed the of France remarked about it publicly world. global response to President Obama’s at a meeting of the United Nations Se- So you might ask, what is wrong diplomatic overtures in this way. He curity Council. He said: with a vision of the world without nu- said: clear weapons? Can’t we hope and We live in the real world, not in a virtual Unilateral American concessions and offers one. . . . of unconditional engagement have moved dream? Of course, even without nuclear President Obama himself has said that he weapons, we know that in World War I neither Iran nor Russia nor North Korea to dreams of a world without nuclear weapons. accommodate us. and World War II tens of millions of Before our very eyes, two countries are Nor have the Arab states—or even the pow- people lost their lives in armed con- doing exactly the opposite at this very mo- erless Palestinian Authority—offered so flict. So it is not as if a world without ment. much as a gesture of accommodation in re- nuclear weapons is a world without war President Sarkozy said: sponse to heavy and gratuitous American and a world without danger for peace- Since 2005, Iran has violated five Security pressure on Israel. loving nations such as ours and our al- Council Resolutions. . . . Nor have even our Europe allies responded: lies. They have anted up essentially nothing in He said: response to our pleas for more assistance in We also know that any number of I support America’s ‘‘extended hand.’’ But Afghanistan. foreign policy experts have expressed what have these proposals for dialogue pro- And, of course, we could look at the duced for the international community? serious reservations about indulging in results of the New START treaty itself. this fantasy of a world without nuclear Nothing but more enriched uranium and more centrifuges. Russian leaders have responded to weapons. American concessions with contempt. George Kennan has said: And last but not least, it has resulted in a statement by Iranian leaders calling for wip- Russian Foreign Minister Sergey The evil of these utopian enthusiasms was ing off the map a Member of the United Na- Lavrov has said that the treaty ‘‘can- not only or even primarily the wasted time, tions. not be opened up and become the sub- the misplaced emphasis, the encouragement of false hopes. The evil lay primarily in the I fear the New START treaty will ject of new negotiations.’’ Prime Min- fact that those enthusiasms distracted our serve as another data point in the nar- ister Putin has threatened a new arms gaze for the real things that were happening. rative of weakness, pursuing diplomacy race if Russia does not get its way with . . .The cultivation of these utopian for its own sake—or indulging in a uto- this version of the treaty. Russian schemes, flattering to our own image of our- pian dream of a world without nuclear leaders have the temerity to lecture selves, took place at the expense of our feel- weapons, divorced from hard reality. and attempt to intimidate the Senate ing for reality. Last week, I mentioned that Doug from discharging our constitutional re- The President of the United States Feith, formerly of the Defense Depart- sponsibilities. We should not succumb. has not only mused about fantastic no- ment, helped negotiate the Strategic In deciding whether to vote for the tions that have no basis in the real Offensive Reductions Treaty, known as treaty, I would respectfully ask wheth- world, he has criticized his own coun- the SORT treaty. Mr. Feith said that er some Senators have been asking try on foreign soil so often that some during the negotiations of the SORT themselves the wrong question. Instead called that particular trip ‘‘the world treaty, the Russians were constantly of asking ourselves the question, Why apology tour.’’ trying to get the United States to ne- not ratify? What is the harm? I would So what should our competitors and gotiate away our right to defend our- suggest that the better question is, would-be adversaries make of these selves from missile attacks through a Why should we? I would urge my col- statements of a fantasy world that is robust missile defense program. leagues to vote against this treaty not

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23437 because I do not care about the mes- in great numbers. Indeed, President and there was no partisanship when sage it will send to Russia and other Obama has already abandoned our mis- that occurred. nations but because I do care about sile defense sites in Eastern Europe to It is troubling to this Senator to hear that message, and it is time we stop help produce an agreement on this comments about our President when he sending a message of weakness that treaty by the Russians. goes abroad in an apology tour. I would only encourages our adversaries. Second, fundamentally imbalanced beg to differ, and I think we ought to I urge my colleagues to vote no on arms reductions: In this treaty, we re- rise above that partisanship when this treaty, to require the administra- duce our nuclear arms significantly; issues of national security are at stake. tion to go back to the negotiating Russia stays where they already are. Now to the treaty. This agreement table with the Russians, to get a better Meanwhile, we still aren’t getting to with Russia is going to strengthen our deal for the United States, and to make the issue of tactical weapons, a cat- national security. Look at all the peo- clear that the era of unilateral Amer- egory where Russia has a huge 10-to-1 ple in the Pentagon who have embraced ican concessions is over. advantage. We have talked about that it—the former Secretaries of State, the Mr. President, I yield the floor. for decades, and we still aren’t getting former Secretaries of Defense, from Mr. VITTER addressed the Chair. there. Clearly, when the United States both sides of the political aisle, and it Mr. KERRY. Mr. President, I would has leverage to commit Russia to re- deserves our support too. I expect simply ask to get a sense of how long duce their tactical nuclear weapons as today we are going to get an over- the Senator thinks he might speak. We we do right now before this treaty, and whelming bipartisan vote in favor of might line up the next speaker. those nuclear weapons are the most this treaty. Mr. VITTER. Five minutes. vulnerable to end up in terrorists’ I wish to specifically address the Mr. KERRY. Mr. President, I ask hands, we must use that leverage and question that has been raised about unanimous consent that when the Sen- not throw it away for U.S. and global modernization of our nuclear stock- ator from Louisiana is finished, the security. Instead, proponents of this pile—an issue I had the privilege, as Senator from Florida, Mr. NELSON, be treaty argue that a further treaty ad- chairman of the Strategic Sub- recognized for 5 minutes. dressing tactical nuclear weapons in committee of the Armed Services Com- The ACTING PRESIDENT pro tem- the future will materialize, but the le- mittee, to be engaged in over a 4-year pore. Is there objection? verage we have to get there is being period. Arguments have been made Without objection, it is so ordered. given up, essentially, with this treaty. that somehow this treaty is going to Mr. KERRY. I thank my colleague. Third, inability to verify: This treaty interfere with the modernization of our The ACTING PRESIDENT pro tem- does not give us the inspections and nuclear weapons infrastructure. Well, pore. The Senator from Louisiana is data we need to verify Russian compli- it is exactly the opposite. Ratification recognized. ance, and we know Russia has cheated of this treaty is so important to give Mr. VITTER. Mr. President, I too am on every previous arms control treaty security and stability to the question opposing the ratification of this New with us. Verification is clearly less of the use of those nuclear weapons START treaty because I think it under New START than in START I, that it will allow us to spend the need- makes us less secure, not more secure, but it now needs to be greater because ed resources on the modernization of as a nation. Of course, that has to be the nuclear deterrent under this treaty our nuclear complex, which is an equal- the ultimate test. would be much smaller and thus ly important matter. A toughly negotiated, balanced trea- produce much less room for error. As part of this year’s Nuclear Pos- ty with Russia which allowed for ade- Fourth and finally, major but ulti- ture Review, the administration has quate and reliable inspections and data mately inadequate progress on nuclear made a commitment to modernize our exchange could make us more secure. modernization: Now, major progress nuclear weapons arsenal and the com- But this is not such a treaty. It is clear has been made during the ratification plex. We must do so to maintain a cred- to me that President Obama went into debate on the administration’s com- ible nuclear deterrent because as these negotiations willing to give up almost mitment and concrete plans for nuclear weapons in stockpile age, we have to anything for a treaty, and that basic modernization. I thank everyone who update them and we have to modernize posture produced what it always will— has helped produce that, particularly them so they are effective, secure, but a bad deal for us. the leader in that effort, Senator JON also safe. We need to be sure our nu- The proponents of the treaty suggest KYL, for his work which, again, did clear weapons are going to work as de- as much when they lay out as their top produce real progress. But, ultimately, signed and that they will remain stable arguments for ratification: a better re- neither the specificity of the adminis- and secure. lationship with Russia, the help from tration’s commitment, including on In the past, when we maintained a Russia on other issues that ratification the nuclear triad issue, nor the pro- larger and more expensive nuclear could engender, and progress with posed schedule is adequate to our secu- stockpile, our weapons were developed world opinion. rity needs, so I will certainly continue and tested frequently. That is very ex- I think it is dangerous to count on fighting to get where we need to be. pensive. By the mid-1990s, we had de- any of that or to look at all beyond the So, in closing, I urge my colleagues veloped sophisticated computer models four corners of the treaty—the pros to look hard at this treaty and to ask that can identify and resolve the prob- and cons of the details and the sub- the only ultimate question: Does it lems without the nuclear testing. Un- stance of the treaty itself. make us less secure or more secure? I fortunately, because of lessened fund- When I look within the four corners think clearly for the four major rea- ing back in the era of about 2006 that of the treaty, I am particularly con- sons I have outlined, and others, it research diminished, resulting in the cerned about four cons of the treaty. makes us less secure, and we need to do layoffs of a lot of the people in our Na- First, serious roadblocks to missile far better. tional Labs. I have had the privilege of defense: I think it is a fundamental Thank you, Mr. President. I yield the visiting those three National Labs. mistake and a dangerous precedent for floor. There is an incredible array of talent, any treaty on offensive arms to even The ACTING PRESIDENT pro tem- but that is what happened back in 2006. mention missile defense, and Russia pore. The Senator from Florida is rec- I think we have, especially in this ad- has made it clear that any major ognized. ministration, a new resolve to turning progress on U.S. missile defense will Mr. NELSON of Florida. Mr. Presi- the situation around and to modern- cause them to leave the treaty. Par- dent, I rise in support of the New izing the nuclear complex. So what ticularly with President Obama in of- START treaty. I wish to make a com- does this modernization entail? The fice, this creates real political obsta- ment. I was raised in a time that when comprehensive plan includes an $85 bil- cles to the full missile defense I sup- the President of the United States lion investment over the next decade port and the American people support went abroad, he spoke for our country and a $4 billion increase over the next

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23438 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 5 years, and that investment is going too much, the stool will become unsta- follow-on that supports continued reductions to accomplish several things. It is ble. in U.S. nuclear weapons while promoting going to fund the construction of the Our nuclear triad is not just a weap- stable deterrence. 21st century uranium and plutonium ons system, it is a deterrent. The fur- The amendment I plan to offer has no processing facilities, it is going to spur ther we weaken our nuclear forces, the impact on the treaty. It simply re- a reinvestment in the scientists and less of a deterrent our triad will be- quires the President to certify that fur- engineers who perform the mission, come. ther reductions in our land-based stra- and it is going to enhance the lifetime Those folks who believe in nuclear tegic nuclear deterrent will not be con- extension program for our nuclear zero and arms control seek a world sidered when reviewing the options for weapons. By the way, it is not only just without nuclear weapons at any ex- a follow-on ICBM. This is something I extending the life of those weapons, it pense—in my opinion, never at the ex- have worked on with Senator CONRAD. is also making them safer. pense of our national security. The fact He has a second-degree amendment to Some Senators have expressed con- is, for over 50 years our ICBM force has mine, and it is something we both sup- cerns about the level of funding for this deterred a nuclear attack against the port. modernization. I believe our President United States and our allies. LTG Frank Klotz, the new com- and this administration have ade- Some arms control supporters claim mander of Global Strike Command, quately addressed those concerns, and I our ICBMs are on ‘‘hair-trigger alert.’’ was quoted last year at the Air Force would note that the Directors of the They believe an ICBM can be launched Air and Space Conference and Tech- three labs—Los Alamos, Lawrence by simply pushing a button. This mis- nology Exposition here in Washington, Livermore, and Sandia—all believe the leading claim that an unauthorized DC, as saying: administration’s current plan will launch can destroy the world in a mat- Continuously on alert and deployed in 450 allow them to execute their require- ter of minutes could not be further widely dispersed locations, the size and char- ments for ensuring a safe, secure, reli- from the truth. acteristics of the overall Minuteman III force presents any potential adversary with able, and effective stockpile. GEN Kevin Chilton, the outgoing commander of STRATCOM, once de- an almost insurmountable challenge should While we move forward with that he contemplate attacking the United States. modernization program, we should also scribed our nuclear posture as: Because he cannot disarm the ICBM force move forward—it is a separate issue— The weapon is in the holster . . . the hol- without nearly exhausting his own forces in with the treaty. Passing this treaty is ster has two combination locks on it, it the process, and at the same time, leaving going to safeguard our national secu- takes two people to open those locks, and himself vulnerable to our sea-launched bal- they can’t do it without authenticated or- listic missiles and bombers, he has no incen- rity while demonstrating to the men ders from the President of the United States. and women of our nuclear complex that tive to strike in the first place. In this case, numbers do matter . . . and the ICBM thus we have reached a national consensus The Minuteman III ICBM force is the most stabilizing leg of the nuclear contributes immeasurably to both deter- on nuclear sustainability. rence and stability in a crisis. Mr. NELSON of Florida. Mr. Presi- triad. ICBMs are strategically located and The force structure of our nuclear dent, I yield the floor. triad is critical to maintaining an ef- The ACTING PRESIDENT pro tem- broadly dispersed in order to prevent them from successfully being attacked. fective deterrent. pore. The Senator from Tennessee. In 2008, Secretary Gates coauthored a Mr. CORKER. Mr. President, I ask The ICBMs protect the survivability of other legs of the triad as a deterrent. white paper titled ‘‘National Security unanimous consent that cosponsors be and Nuclear Weapons in the 21st Cen- added to Corker amendment No. 4904, They offer an umbrella of protection to our most-valued allies. ICBMs also rep- tury.’’ This paper argued for a strong as modified, as follows: Senator LIE- resent the most cost-effective delivery nuclear deterrent. The forward stated: BERMAN, Senator BROWN of Massachu- systems the United States processes. We believe the logic presented here pro- setts, and Senator MURKOWSKI. vides a sound basis on which this and future The ACTING PRESIDENT pro tem- Unlike a bomber, ICBMs ensure a sec- ond attack capability. administrations can consider further adjust- pore. Without objection, it is so or- ments to U.S. nuclear weapons policy, strat- As required by section 1251 of the 2010 dered. egy, and force structure. National Defense Authorization Act, The Senator from Massachusetts. The white paper by Secretary Gates earlier this year, the administration Mr. KERRY. Mr. President, we are recommended a U.S. strategic nuclear submitted its force structure plan. The awaiting the Senator from Arizona force baseline that includes 450 Minute- President’s 1251 force structure plan who, I know, is working on a couple of man III ICBMs, 14 Ohio class sub- provides up to 420 ICBMs, 14 sub- things right now. We need to clear a marines, and 76 bombers, 20 B–2 and 26 marines carrying up to 240 submarine- couple of things with the Senator, and B–52 bombers, for a total of 862. The ad- launched ballistic missiles or SLBMs, we are working on the possibility of ac- ministration cannot explain how the and up to 60 nuclear-capable heavy cepting his amendment. We just need threat environment has changed since to tie up those loose ends. bombers. We are being asked to ratify this the 2008 recommendation to maintain So I think the Senator from Wyo- 862 delivery vehicles. They cannot ex- ming may have had a request he want- treaty without knowing what our force structure will actually be. We are being plain what has changed to allow our ed to make. We can do that now, and nuclear deterrent to be reduced to 700 then we will see where we are. told: Pass the treaty, and then we will tell you what the force structure will delivery vehicles. I yield the floor. It sounds to me as if this administra- actually look like. The ACTING PRESIDENT pro tem- tion has been a little too eager in nego- The 2001 Nuclear Posture Review laid pore. The Senator from Wyoming. tiating the treaty. out our force structure in plain view, Mr. BARRASSO. Mr. President, I rise James Woolsey, in a recent Wall while the 2010 Nuclear Posture Review today to speak on the importance of Street Journal article, described his is silent on the force structure. Minutemen III intercontinental bal- experiences negotiating with the Rus- This report also laid out the adminis- listic missiles, known as ICBMs, and an sians. He said: tration’s plan to modernize and main- amendment I intend to offer. The ICBM tain our nuclear delivery vehicles. The Soviets taught me that, when dealing is just one leg of our nuclear triad. The with Russian counterparts, don’t appear With respect to the next generation nuclear triad spans sea, air, and land. eager—friendly, yes, eager, never. of ICBMs, the update states: It relies on mobile bombers, hard-to- I think Mr. Woolsey would know; he detect ballistic missile submarines, While a decision on an ICBM follow-on is was involved in the SALT I treaty in not needed for several years, preparatory and ICBMs. They all work together to analysis is needed and is in fact now under- 1970 and many more arms control complicate and deter any attempt at a way. This work will consider a range of de- agreements with the Russians before successful first strike on our country. ployment options, with the objective of de- he took over as the Director of Central Like a stool, if you shorten just one leg fining a cost-effective approach for an ICBM Intelligence.

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I wish to linkage we needed and the consistent Senator knows, we had a discussion thank all of them for their involve- effort to answer questions and deal about this, and I am constrained to ob- ment. with their principals in order to get the ject. I think he understands why. I wel- Senator LUGAR has been an unbeliev- information necessary for Senators to come further debate if he would like, able partner and a visionary with re- be able to make good judgments. but I must object. spect to these issues but, importantly, At the Energy Department, Tom The ACTING PRESIDENT pro tem- just a very steady, wise, and thought- D’Agostino and Kurt Siemon were also pore. Objection is heard. ful collaborator in the effort to get the constantly available. Mr. BARRASSO. Thank you, Mr. treaty to where we are today. It hasn’t At the White House, I thank Pete President. always been easy for him because there Rouse, chief of staff, and Tom Donilon, I yield the floor. were times when he was a lonely voice the National Security Adviser, and I Mr. KERRY. Mr. President, I thank with respect to those who were pre- especially thank Brian McKeon, Vice the Senator for the issue, as it is im- pared to support this treaty. I wish to President BIDEN’s National Security portant. I understand its importance to pay tribute to his statesmanship and Deputy, who has just done an extraor- the part of the country where those his personal courage in steadily hang- dinary job of helping to provide the particular weapons are housed today. I ing in there with us. bridge between various agencies, as am confident—and I know this—that I thank President Obama for his de- well as strategy, and has been consist- the administration, because we have termination to make certain that this ently available to us. Louisa Terrell talked about it, has a plan that I think was the priority that he felt it was and and Jon Wolfsthal have been part of will meet with the consent and ap- that I think it is. He and so many folks that team. We are very grateful to all proval of the Senators’ concern, but in the administration have been helpful of them. they need to go through the further in this effort. On the Foreign Relations Committee, I will reserve some comments later evaluation and analysis of all of these it has been a great team effort with more specifically, but I think the Vice decisions. Decisions have not yet been Senator LUGAR. The chief of staff of President has been, at the President’s made, and it would be inappropriate at the Foreign Relations Committee, request, an invaluable collaborator in this time to constrain the latitude Frank Lowenstein, has worked count- this effort. He has talked to any num- they need in order to be able to make less hours on this treaty, together with ber of colleagues, made any number of those judgments. It is an important phone calls, been involved in any num- Doug Frantz, Ed Levine, and Anthony issue, but I think it is inappropriate for ber of strategic choices here, and I am Wier. These two gentlemen, Ed Levine us to constrain them and particularly deeply grateful to him for taking his and Anthony Wier, are unbelievable to do so in the context of the treaty prior stewardship of this committee veterans of this kind of effort. They itself. and being as thoughtful as he has been worked with Senator BIDEN for years. I Mr. President, we are working with in the way he has approached this par- am delighted they were willing to stay our friends on the other side of the ticular treaty. over and continue with the committee. aisle to really try to get the final Secretary Clinton likewise has dedi- In the case of Ed Levine, he lost his agreement as to how we are going to cated herself and her staff to the effort dad during the course of this debate a proceed. I believe it is going to be pos- to work through unbelievable numbers few days ago and, nevertheless, hung in sible for us to work out the issues with of questions, to make themselves avail- there with us and stayed right at it. Senator KYL and his amendment. So I able and to make herself available to The wisdom and experience he has hope we will not need any other votes talk with colleagues. brought to this task is invaluable, to- other than the final vote on the treaty. This has been a tremendous team ef- gether with his collaborator Anthony That is our hope at this point. We will fort with Secretary Gates, Secretary Wier. Peter Scoblic, Andrew Keller, try to work through that over the Chu, Admiral Mullen, General Chilton, Jason Bruder, and Jen Berlin have been course of the next few minutes. LTG O’Reilly, and others. None of enormous contributors to this effort. I I suggest the absence of a quorum. these things can happen if there isn’t a am grateful to all of them. The ACTING PRESIDENT pro tem- team pulling together to answer ques- On the Republican side, Ken Myers— pore. The clerk will call the roll. tions and deal with the issues col- Ken brings so much experience and wis- The bill clerk proceeded to call the leagues have. dom to this task. He has been with roll. At the State Department, Assistant Senator LUGAR for a long time. What Mr. KERRY. Mr. President, I ask Secretary Rose Gottemoeller has been he has done to help us bridge the divide unanimous consent that the order for unbelievably available, patient, is immeasurable. Tom Moore and Mike the quorum call be rescinded. thoughtful, and very detailed in her ef- Mattler worked with him. The ACTING PRESIDENT pro tem- forts to answer the questions of Sen- Our staff in S–116, which has sort of pore. Without objection, it is so or- ators and be precise about this negotia- been headquarters for us, Meg Murphy dered. tion. She led a tremendous team and and Matt Dixon have put up with Mr. KERRY. Mr. President, knowing worked very closely with Assistant strange hours and interruptions. We that we are getting to that moment at Secretary of State for Legislative Af- are eternally grateful to them. which point we are going to have an fairs Rich Verma, who likewise helped Obviously, nothing happens in the understanding of how we are pro- coordinate and pull people together to Senate without the floor staff, the ceeding forward and knowing that be- deal with the issues we faced. Dave folks who put in these long hours. Jes- cause of the 30-hour limitation, no Turk, Terri Lodge, Paul Dean, and sica Lewis and Tommy Ross on Sen- matter what, we are getting toward the Marcie Ries have all been key members ator REID’s staff have been invaluable end, rather than chew up time for Sen- of that team, and we thank them for to us. Lula Davis, Tim Mitchell, and ators later on, I thought I would take their amazing commitment of hours Stacy Rich are invaluable on every a moment now to say thank you to a and the dedication they have shown to issue here. The Senate would not work few folks involved in this process. Be- the effort to try to get us to where we without them. We are deeply grateful fore I do that, I also will reserve some are today, to this final vote. to all these people. time, as I will for Senator KYL and Likewise, at the Pentagon, Deputy I am glad the schedule allows us a Senator LUGAR—and this, I assume, Under Secretary of Defense Jim Miller; moment where we can actually thank

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23440 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 them all publicly. They do a service for have devoted extraordinary talents and Congress. We tried to push through a our country that many people in the time and devotion to the treaty formu- huge omnibus spending bill with thou- country never have a sense of. They do lation and to the counsel they have sands of earmarks, exactly the thing not see it. Government gets a lot of given me, for which I am very much in- about which Americans have said no criticism, but let me tell you, these debted. more. Thankfully, Republicans stood folks work as hard as any people I Finally, I thank all the members of together to stop that bill. know anywhere, and a lot of things the Senate Foreign Relations Com- We needed to extend our current tax could not happen without them. mittee for their diligence and attend- rates, but even in order to get a tem- As I said, I wish to speak to the sub- ance at hearings and their questioning porary extension, we in the minority stance of the treaty before we vote, but of each other, as well as the witnesses had to agree to more deficit spending. for the moment I yield the floor. and the discussions we have had both In this lameduck session, we have The ACTING PRESIDENT pro tem- in informal and formal sessions. We pushed our political correctness on to pore. The Senator from Indiana. have had a difference of opinions. Our our military by repealing don’t ask, Mr. LUGAR. Mr. President, I wish to views were not unanimous in the 14-to- don’t tell without the proper studies, seize the moment, along with my dis- 4 vote by which the Senate Foreign Re- without the proper phase-in time, and tinguished chairman, because we are lations Committee sent this New no rational approach to this. It was indebted to all the great people he has START treaty to the floor. But I re- just check the box of another political enumerated, to embellish his congratu- spect deeply each of those views, and I payback. lations by mentioning that we are respect the ways in which members of In another check the box of amnesty, grateful, first of all, that the President the committee have participated dur- the DREAM Act, which was brought up invited Senator KERRY and me to be ing this very important debate. and fortunately Republicans stood part of conversations on two occasions Mr. President, I yield the floor. against something that again avoided during the negotiation of the treaty. The ACTING PRESIDENT pro tem- the big issue of border security. This That, we thought, was very valuable pore. The Senator from South Caro- Congress has continuously rejected the and gave us some insight as to where lina. idea of carrying through on our own the negotiators were headed and to Mr. DEMINT. Mr. President, I say law to complete the double-layer fenc- offer what counsel we could about Merry Christmas to all my colleagues. ing we put into law to protect the those issues we felt were important and We never expected to find ourselves southern border. Thousands of people those issues we were certain all Sen- here this time of year, but obviously are being killed on the border because ators would feel were important as we there are very important issues to dis- we refuse to take action. Yet we are sought ratification of the New START cuss. continuing to try to expand the prob- treaty. On November 2, Americans made a lem with more amnesty and citizenship Likewise, those conversations were pretty historic statement. After 2 and public benefits to those who came carried on rigorously by the Vice Presi- years of many things being crammed here illegally. The threat is now to keep us here dent, our former chairman of the Sen- down their throat that they did not until Christmas or beyond to pass what ate Foreign Relations Committee, JOE like, they made historic changes in the we are calling a 9/11 bill. Every Member BIDEN, who has worked with Senator House and the Senate. I think all ex- of this Chamber—Republicans and KERRY and with me over the course of pectations were that the new Congress Democrats—wants to do what is right three decades or so of active participa- would come in and begin to change for the first responders who may have tion and several arms control treaties. things. Very few Americans—and I been injured after 9/11. But we owe it to Vice President BIDEN has a very good think very few of us in the Senate—ac- the American people to be accountable idea of how the ratification process tually thought we would use the time to how we spend money. To put a bill works and what counsel he can give, between that election and the swearing on the floor, in an unaccountable lame- in of the new Members of Congress to not only to us but to all Members and duck Congress, that has not been continue to cram through more things colleagues with whom he has worked so through hearings, when we do not well in the past. America does not want. know how the millions of dollars have I am especially pleased, likewise, Most businesses have learned that if been used that we have already given they ever have to make the difficult that Rose Gottemoeller, who headed to the same cause certainly is worth a decision of firing someone, it is very the negotiation team, has been very few weeks of committee hearings and available to Senators throughout the important that person be sent home understanding exactly how to spend time of the negotiation abroad and dur- right away because getting fired usu- taxpayer money effectively in a way we ing her trips to Washington and cer- ally makes people angry and less loyal know will help the people who have tainly throughout the hearings the to the company that fired them. In- been injured. Foreign Relations Committee held. stead of dealing with all the mischief But, no, we have to push that We are indebted, in fact, to all the that might occur, the fired employee is through in a fired, unaccountable Con- witnesses who came before our com- sent home right away. gress. Of course, now the big issue of mittee in the 16 hearings that have We are a fired Congress in a lot of the day is somehow, in a time of eco- often been enumerated in conversation ways. America has sent us home. Many nomic recession and so many people on the floor. The witnesses were gen- people who set the policies for the last being out of work, that we want to use erous with their time, very forth- 2 years have been unelected. Some have this lameduck, unaccountable Congress coming with their testimony and fol- retired. But the decisions that are to push through a major arms control lowup questions the Senators had. Be- being made now in this Congress are treaty with Russia. Somehow that cause of that testimony, there is a very decisions being made by people who ended up on the top of our priority list, solid block of support for the treaty have either retired or who have been using Christmas as a backstop to try to based upon these distinguished Ameri- turned out of office. So much is being force us to pass this bill. cans who have had enormous experi- pushed through because of the fear It is pretty interesting how this has ence, not only with arms control trea- that if we actually let the newly elect- progressed. The treaty had no chance ties but the actual implementation of ed Congressmen and Senators be sworn of ratification until the President these with the former Soviet Union— in before we take up these important agreed to billions of dollars in mod- and now with Russia—in the past. issues that they will actually reflect ernization of our nuclear weapons. I am indebted, as JOHN KERRY is, to the opinions of the American people We have to stop and ask ourselves: Ken Myers, Tom Moore and Mike and stop what we are doing. Why should we have to have backroom Mattler of our staff and to Marik We have decided to use this lame- trading going on to modernize our nu- String and Corey Gill. I cite these five duck session to push many items clear weapons? That should be some- members of a very devoted staff who through. It is a very unaccountable thing the President is committed to,

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23441 that we are committed to. We should presumption it is built on—that Amer- been sworn in, and doing it as part of a not have to trade for modernization. ica should be at parity with Russia. We list of legislation—a long list over the But now we appear to have enough Re- have talked about it here in this Cham- last 2 years—that America does not publicans who have decided this is a ber, that we do not have the same role want. good treaty to ratify a few days before as Russia in this world. Russia is a pro- I want good relations with Russia Christmas in a fired, unaccountable tector of none and a threat to many. and countries all over the world, but I Congress, with the need to push it America is the protector of many and a am afraid this is part of a continued ef- through before America’s representa- threat to none. Over 30 countries live fort of accommodation and appease- tives actually get here the first of Jan- in peace under our nuclear umbrella, ment; that if we show weakness, other uary. The sense here is if we let the but we are saying we are going to re- countries will accommodate us. We people America just elected come, that duce it, with a lot of questions as to need Russia to cooperate—with Russia maybe the treaty will need some modi- whether we are going to modernize it, and North Korea. Folks, I don’t think fications. and we are telling our allies that tac- this is the way to get it, and I don’t There have been many questions ex- tical nuclear weapons are not going to think we are going to gain respect for pressed about the treaty. I think some be restricted in any way, which is prob- our process of trying to do this under of them are very legitimate. Clearly, ably their biggest concern because of the cover of a distraction of a major missile defense is a problem. The Rus- their contiguous location to Russia. holiday with a lameduck, unaccount- sians have expressed that Americans Mr. INHOFE. Will the Senator yield able Congress. cannot develop any kind of comprehen- for a question? In the way this is being presented, it sive missile defense system under this Mr. DEMINT. Yes. is a mockery of the debate process here treaty. We say: No, no. We can develop Mr. INHOFE. When you talk about in the Senate. We are not amending a a limited missile defense system. We the missile defense aspect of this, I treaty. We were told at the outset it is are going through all kinds of con- wonder if it has occurred to a lot of ‘‘take it or leave it.’’ The Russians are voluted language to put things in non- people that maybe this treaty is with negotiating, clearly, from a position of binding areas of this agreement, to say the wrong people. We know right now strength, because they said, here is the we are committed or we are going to that Iran is going to have the capa- treaty, take it or leave it; any changes communicate to the Russians that we bility—and this is not even classified— and the treaty is dead. Is that the way are committed, but we even were un- of a nuclear weapon, a delivery system, America needs to deal with other coun- willing to put it in the preamble that by 2015. I think one of the worst things tries? Is that the way the Senate there is no linkage between the devel- for America—and this President did should debate a major arms control opment of our missile defense system it—was to take down the sites we were agreement, where the majority party is and this treaty agreement. Clearly, planning in Poland that would give us saying, you can go talk about it if you there is a linkage. The Russians believe this protection. want, but we are going to kill every there is a linkage. My point I want to make, and then to amendment, even though we say we All the correspondence from the ask the Senator about, is that in the agree with a lot of them. There will be President says ‘‘limited missile defense event this is ratified and we are re- no changes in this. We are trying to stick some things in system.’’ We obviously have agreed to stricted in any way from developing here in the areas of the treaty that it. We never could get the negotiating further our missile defense system, have no binding aspect and say we have records to confirm that, but everything doesn’t that put us directly in an im- covered it, but we are making a mock- suggests there is an implicit and ex- paired position in terms of North ery of the whole debate and ratifica- plicit agreement that America will not Korea, maybe Syria, but definitely tion processes with an unaccountable, attempt to develop a missile defense Iran, that has already indicated and al- fired Congress, under the cover of system capable of defending against ready has the capability of reaching us Christmas, and a debate where we have Russian missiles. Perhaps capable of by that time? been told ‘‘take it or leave it.’’ This is It is interesting that the site would defending against a rogue missile not what the Senate is about, this is have been in effect to knock down a launch or an accidental missile launch, not what Congress is supposed to be missile coming from Iran by 2015, the but the language in this treaty, com- about, and certainly we should not be same year our intelligence community munications from the White House, the passing major legislation at this time tells us they will have that capability. hearings all say we will only have a of year with this Congress. limited missile defense system. Isn’t that the threat we are concerned Mr. President, I appreciate the oppor- There should be no mistake, there about, more than Russia? tunity to speak. I still hope my col- should be no confusion, the agreement Mr. DEMINT. I want to thank the leagues will come to their senses and to this treaty is an agreement for Senator from Oklahoma for bringing show the American people that we are America not to develop a comprehen- out another very important point. We going to act in a responsible way that sive missile defense system. If that is are laser focused on this treaty with respects what they told us on Novem- satisfactory, then let’s ratify. Clearly, Russia, which obviously restricts our ber 2; that this Congress needs to go, a there are holes in the verification proc- ability to develop missile defense. Yet new one needs to come in, and we need ess of this treaty. The growing and big- we all seem to acknowledge the great- to stop cramming things down their gest threat is tactical nuclear weapons. est growing threat in this world is from throats they do not want. Shorter range missiles, ground-based, Iran and North Korea and other rogue With that, Mr. President, I yield the sub-based are not even included in this nations that can develop nuclear tech- floor. agreement. The Russians are fine with nology. The PRESIDING OFFICER (Mr. BEN- this. They were going down to the It is almost like watching a magician NET of Colorado). The Senator from same long-range missile count we re- at play here, of getting us to look at Massachusetts. quire in this treaty anyway. They give one hand while other things are going Mr. KERRY. Mr. President, we are up nothing. We don’t restrict any of on. We are not paying attention to the now in the final throes of getting to- their tactical developments. The verifi- Nation’s business here, and I am afraid gether a unanimous consent request. cation is less stringent than in START this is just another ‘‘check the box’’— The leadership has asked us to proceed I, with fewer inspections, and the abil- a foreign policy victory for the admin- forward on the amendment. Senator ity to actually look at things such as istration. If it did not have so many KYL has asked me—I think he wanted telemetry are obviously omitted here. questions related to it, that would be to be here when we do his amendment We can’t ratify this treaty with any fine, but not to jam this through with on modernization, which we are now pretense that America is going to be a fired, unaccountable Congress, and prepared to accept, with further modi- any safer. In fact, I think the biggest rushing it through before the rep- fication. So I will wait for Senator KYL problem with this treaty is the whole resentatives America just elected have in order to do that.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23442 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 In the meantime, I understand we Mr. KERRY. Mr. President, I would ties and to get them constructed as also have an agreement on the missile ask, before we proceed on that—be- rapidly as possible. defense amendment, and that amend- cause Senator KYL is now here, so we The result of this is that, potentially, ment is now going to be cosponsored by could quickly accept his amendment we could save hundreds of millions of Senator LIEBERMAN and Senator and dispose of that—I ask unanimous dollars and construct the facilities at MCCAIN. So if the Senator from Ten- consent that we call up Kyl amend- an earlier date than was originally in- nessee wants to talk about that amend- ment No. 4892, as modified—as addi- tended. But to be clear, nothing in this ment, we are prepared to accept it. I tionally modified. amendment reduces the President’s de- think we should have the discussion of Mr. President, I suggest the absence cisionmaking or flexibility. It remains that amendment at this point in time. of a quorum. his decision as to how the funding is re- I yield the floor. The PRESIDING OFFICER. The quested and when it is requested. The PRESIDING OFFICER. The Sen- clerk will call the roll. Mr. KERRY. Mr. President, I agree ator from Tennessee. The assistant legislative clerk pro- with the comments of the Senator. It Mr. CORKER. Mr. President, I wish ceeded to call the roll. does leave the President that impor- to at this moment ask unanimous con- The PRESIDING OFFICER. The Sen- tant ability, but it also puts the ques- sent to change the name of the amend- ator from Illinois. tion of whether this is a way that is ment to MCCAIN-LIEBERMAN-CORKER. Mr. KIRK. Mr. President, I ask unan- more efficient. It is something we The PRESIDING OFFICER. Without imous consent that the order for the objection, it is so ordered. should be looking at, and the President quorum call be rescinded. Mr. CORKER. I would also ask unani- intends to look at it. We will accept Mr. KERRY. Objection. mous consent to add Senators this amendment. The PRESIDING OFFICER. Objec- JOHANNS, LEVIN, and BAYH as cospon- Mr. President, I don’t think there is tion is heard. sors. further debate. The PRESIDING OFFICER. Is there Mr. KERRY. Mr. President, I ask The PRESIDING OFFICER. The objection? unanimous consent that the order for question is on agreeing to the amend- Mr. KERRY. No objection. the quorum call be rescinded. ment. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The amendment (No. 4892), as further objection, it is so ordered. objection, it is so ordered. modified, was agreed to. AMENDMENT NO. 4904, AS FURTHER MODIFIED AMENDMENT NO. 4892, AS FURTHER MODIFIED AMENDMENT NO. 4904 Mr. CORKER. Mr. President, I would Mr. KERRY. Mr. President, I believe Mr. KERRY. Mr. President, I thank send to the desk the amendment, as at the desk now is the Kyl amendment, Senator KYL and the Chair, and now, modified, and as I understand it, this as modified. Mr. President, I believe the Corker has been accepted by both sides. I am sorry about the confusion. Mr. amendment is the pending business. The PRESIDING OFFICER. Is there President, I ask unanimous consent The PRESIDING OFFICER. The Sen- objection to the modification? that we be able to immediately proceed ator is correct. Hearing no objection, the amendment to the Kyl amendment. We will come The Senator from Tennessee. is modified. right back to the Corker amendment, Mr. CORKER. Mr. President, I wish The amendment, as further modified, but I ask unanimous consent to pro- to again say that we have asked by is as follows: ceed to the Kyl amendment, as modi- unanimous consent to change this to At the end of subsection (a) of the Resolu- fied, with the modification that has be the MCCAIN-LIEBERMAN-CORKER tion of Ratification, add the following: been submitted at the desk. amendment, and we have also added (11) EFFECTIVENESS AND VIABILITY OF NEW The PRESIDING OFFICER. Is there START TREATY AND UNITED STATES MISSILE DE- Senators ALEXANDER, BROWN of Massa- objection? FENSES.—Prior to the entry into force of the chusetts, MURKOWSKI, JOHANNS, LEVIN, New START Treaty, the President shall cer- Without objection, it is so ordered. and BAYH as cosponsors. tify to the Senate, and at the time of the ex- The amendment (No. 4892), as further As a matter of tremendous respect change of instruments of ratification shall modified, is as follows: and courtesy, I think it would be best communicate to the Russian Federation, At the end of subsection (a), add the fol- for Senator MCCAIN to be the first that it is the policy of the United States to lowing: speaker on this amendment that he continue development and deployment of (11) DESIGN AND FUNDING OF CERTAIN FACILI- was very involved in developing. United States missile defense systems to de- TIES.—Prior to the entry into force of the fend against missile threats from nations New START Treaty, the President shall cer- The PRESIDING OFFICER. The Sen- such as North Korea and Iran, including tify to the Senate that the President intends ator from Arizona. qualitative and quantitative improvements to— Mr. MCCAIN. Mr. President, on be- to such systems. Such systems include all (A) accelerate to the extent possible the half of myself, Senators LIEBERMAN, phases of the Phased Adaptive Approach to design and engineering phase of the Chem- and Senator CORKER, I have an amend- missile defenses in Europe, the moderniza- istry and Metallurgy Research Replacement ment at the desk and ask for its imme- tion of the Ground-based Midcourse Defense (CMRR) building and the Uranium Proc- diate consideration. System, and the continued development of essing Facility (UPF); and Mr. KERRY. Mr. President, reserv- the Two-stage Ground-based Interceptor as a (B) request full funding, including on a technological and strategic hedge. The multi-year basis as appropriate, for the ing—I believe the Senator is referring United States believes that these systems do Chemistry and Metallurgy Research Re- to the amendment that is pending? not and will not threaten the strategic bal- placement building and the Uranium Proc- Mr. CORKER. That is correct. ance with the Russian Federation. Con- essing Facility upon completion of the de- Mr. KERRY. It is the pending amend- sequently, while the United States cannot sign and engineering phase for such facili- ment. circumscribe the sovereign rights of the Rus- ties. Mr. MCCAIN. First of all, it is prob- sian Federation under paragraph 3 of Article Mr. KERRY. Mr. President, I believe ably not too relevant, but I would like XIV of the Treaty, the United States be- to say that this should have been the lieves continued improvement and deploy- Senator KYL wishes to say something. ment of United States missile defense sys- The PRESIDING OFFICER. The Sen- Lieberman-Corker-McCain or Corker- tems do not constitute a basis for ques- ator from Arizona. Lieberman-McCain amendment be- tioning the effectiveness and viability of the Mr. KYL. Mr. President, I will com- cause of the distribution of effort that Treaty, and therefore would not give rise to ment more when I make my concluding has been made on this amendment. Be circumstances justifying the withdrawal of comments, but what we have just done that as it may, I think this amendment the Russian Federation from the Treaty. is to agree to provide a mechanism for makes some improvement that will be At the end of subsection (b)(1)(C), strike the President to certify a way forward very helpful. ‘‘United States.’’ and insert the following: ‘‘United States; and to fund the two large facilities that are It has two parts. The first requires (D) the preamble of the New START Trea- part of the nuclear weapons complex in the President to certify that we do not ty does not impose a legal obligation on the a way that we hope will provide for the recognize Russia’s argument that the parties. most efficient way to build these facili- treaty can only be effective and viable

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23443 only in conditions where the United lic statements are made. Obviously, in Recognizing the existence of the inter- States is not building up its missile de- the view of Senator KERRY, who has relationship between strategic offensive fenses. The statement would also be done a masterful job in shepherding arms and strategic defensive arms, that this interrelationship will become more impor- transmitted to the Russians when the this treaty through the Senate in the tant as strategic nuclear arms are reduced, instruments of ratification are ex- last several days, that is not that and that current strategic defensive arms do changed. Second, the amendment meaningful. So we just have a funda- not undermine the viability and effective- would include in the instrument an un- mental disagreement of opinion. But I ness of the strategic offensive arms of the derstanding that the preamble is not can say this: If we negotiated a treaty Parties. legally binding. and made certain agreements and the That is the end of the quote from the I think this is a helpful amendment, President of the United States made preamble. It strikes me as I read it and I appreciate that it could be in- public statements on national or inter- that it will be a topic of consideration cluded by the Senator from Massachu- national television contradicting that, in law schools and classes on inter- setts, but ultimately it does not ad- then I think it would give the party we national law. The first question is, dress my concerns that the Russians are in negotiations with significant What did it mean? But I think the Rus- believe the treaty could be used to pause. sians had a particular intent in putting limit our missile defense. We should Not one statement that I have been it in there, and they know what they have removed this clause from the pre- able to find has a Russian leader—ei- wanted it to mean. amble. ther Foreign Minister, Defense Min- What is troubling is that when the The message sent by the first part of ister, or Prime Minister or President— treaty was signed earlier in the year in this amendment is positive, but it is saying they will adhere to the provi- Prague, the Russian Federation issued not conveyed to the Duma. When we sions that are in this amendment. That a statement that basically made these look at the fact—I understand why the is a fundamental contradiction that I same points—that the treaty will be ef- proponents of this treaty would not am sorry cannot be resolved. fective and viable only in conditions want to transmit this aspect of the I know what the votes are going to be where there is no qualitative or quan- treaty to the Duma for fear of some on this treaty. Again, I congratulate titative buildup in the missile defense backlash and perhaps problems in the Senator KERRY for the incredible job he system capabilities of the United Russian Duma, although it is not a has done and, frankly, his great will- States of America. body that is renowned for its independ- ingness to talk with me and negotiate But these are two separate cat- ence, to say the least. The fact is, it with me and have dialog and work to- egories. This treaty, the START trea- will not be transmitted to the Duma. ward a common goal. He has done that ty, is all about reducing the offensive The fact is, if the Russians and the in good faith, and I am grateful for the capabilities, nuclear and delivery capa- United States agreed to a treaty and a opportunity he has given me to play a bilities of both great powers. We are part of that treaty was not transmitted role, including agreeing to this amend- building a missile defense system. It to the Senate, I think that would be ment which I think will improve the started out as a very controversial something to which most of us would treaty. matter. It started out a long time take strong exception. I wish to say that I know how dif- ago—President Reagan, really, ini- I thank Senator CORKER. He has ficult this has been for Senator CORKER tially, and then serious consideration worked extremely hard on this issue. and other Members on this side. in the 1990s when a lot of people argued JOE LIEBERMAN has worked extremely I thank Senator LIEBERMAN for the against it and said it was a waste of hard, trying to reach a point, obvi- continued hard work he does on this money and it would never work techno- ously, that they could agree to support issue. logically, that you couldn’t create a this treaty. Whether they eventually I urge my colleagues to support this bullet that would hit a bullet. Yet that do or not is something that I neither amendment. I think it is very helpful. is exactly what we have done. Thank know nor would predict, but I do think With that, I yield to my colleagues, God that we invested the money and it shows some improvement. I still cosponsors of the amendment, if that is that our scientists and military leaders have various concerns, as I have had agreeable to Senator KERRY. have brought it as far it is because one from the beginning, on the issue of de- The PRESIDING OFFICER. The Sen- of the great threats that will face the fensive missile systems, how it would ator from Connecticut. people of the United States, our na- play, whether it is actually part of the Mr. LIEBERMAN. Mr. President, tional security, will come from mis- treaty and, if so, how enforceable. Senator CORKER and I had a vote—ac- siles carrying weapons of mass destruc- What complicates this more than tually, Senator CORKER, Senator tion fired particularly by rogue nations anything else is the continued state- MCCAIN, and I had a vote on whose such as Iran and North Korea. It would ments, public statements on American name should be first on this, and Sen- be irresponsible of us not to have devel- television a short time ago—Vladimir ator CORKER and I won, 2 to 1. Senator oped a capacity to defend against those Putin saying that if we move forward MCCAIN’s name is first because this is kinds of missile attacks. We have done with improving our missile defenses, an amendment that attempts to deal in that. they would take ‘‘appropriate actions.’’ a unifying way with our concern that The Russians keep wanting to link Their Foreign Minister has made re- the Russians misunderstand the impact that to this treaty. It is not linked to peated statements—not last year but of this treaty or the impact of our de- the treaty. Therefore, I regretted that last month—saying one thing and pub- velopment of missile defenses on this section was in the preamble I read. The licly declaring it while on the other treaty and that it is important for us United States responded through the hand we are assuming this will prevent to speak out in unity, in a unified and State Department to that statement them from doing what they say they clear voice, to the Russians, and no one by the Russian Government when they will do. That is a contradiction. has made that point more clearly as signed the treaty. But it is really im- I understand how solemn treaties the treaty has been considered than portant for us, at the same time the in- are, and I understand how binding trea- Senator MCCAIN. In fact, he offered an struments of ratification are conveyed ties are. I also understand that when amendment earlier in our deliberations to the Russian Government, to make a the leader of a nation says on ‘‘Larry on the treaty which I supported, which clear and direct statement of our un- King Live’’—God bless you, Larry, for did not pass, which would have re- derstanding of the total nonrelation- everything you did for us—that they moved the section of the preamble that ship between the development of our will have to take ‘‘appropriate actions’’ has obviously been put in by the Rus- missile defense capability and the if we improve quantitatively or quali- sians in the negotiations which is con- START treaty. tatively our strategic missile defense fusing at best and downright mis- That is what this amendment does. I systems, then obviously you have to chievous at worst. am privileged to cosponsor it with Sen- give some credence to that, when pub- This is the section that says: ator MCCAIN, Senator CORKER, and a

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23444 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 number of other Members of both par- pressed. So we want to be honest with fects our relationship from that stand- ties. Basically, it says that before the them and direct with them and not point as it relates to this treaty. I New START treaty could enter into enter into this important treaty with think that is incredibly strong. force, the President shall certify to the any illusions. I believe we have said Then, third, we have talked about Senate—basically, this is certifying that clearly. If it passes, it will be pre- this preamble, and every one of us what the President said in a letter sent sented to the Russian Government di- knows the preamble is nonbinding. But to Senator REID a few days ago—and at rectly. as an understanding of this treaty the time of the exchange of instru- I am very pleased we have a broad, going forward, we are telling the Rus- ments of ratification shall commu- bipartisan group supporting this. It is a sians that the preamble absolutely is nicate directly to the Russian Federa- unified way to conclude our delibera- not binding and that we are pursuing tion that, No. 1, we are going to con- tions here before we go to vote on rati- these missile defense applications that tinue development and deployment of a fication, and I urge my colleagues to have been discussed. I am proud to join missile defense system to defend support the amendment. with Senator MCCAIN, with Senator against missile threats from nations I thank the Chair and yield the floor LIEBERMAN, two people who care as such as—and I would add ‘‘not limited to the Senator from Tennessee. deeply about our national security as to’’—North Korea and Iran. The PRESIDING OFFICER. The Sen- anybody in the United States, cer- No. 2, what do we mean by quali- ator from Tennessee. tainly in this Senate. I am proud to tative and quantitative improvement Mr. CORKER. Mr. President, I ask have the other Members of the Senate of such systems that we are going to be unanimous consent to add Senator who have joined in. continuing? This is very important. We BEGICH as a cosponsor. Let me just say in closing, I think it define that here to include all phases of The PRESIDING OFFICER. Is there is absolutely appropriate that the last the phased adaptive approach to mis- objection? Without objection, it is so two amendments we address are the sile defenses in Europe embraced now ordered. Kyl amendment which deals with mod- by our NATO allies; second, the mod- Mr. CORKER. Mr. President, I am ernization—the President has made in- ernization of the ground-based mid- thrilled to join with Senator MCCAIN credible investments in modernization course defense system; and third, the and Senator LIEBERMAN in an amend- that have come about through this en- continued development of the two- ment dealing with missile defense. This tire process, a commitment to ensure stage ground-based interceptor as a is a subject that has been discussed that the nuclear arsenal we have is one technological and strategic hedge. ever since this treaty was first pre- that operates, that is reliable, that is We are being as direct as we can be sented. safe. here to the Russians. Some of my col- I cannot think of a better way to end I think people know we have 1,550 de- leagues have said—and the record, un- this debate. I thank Senator KERRY for ployed warheads—after this treaty goes fortunately, shows it—that their having the patience of Job, having into effect, over a long period of time, record for complying with treaties is worked through this. Somebody men- we reduce to that number, but that we not a good one. We don’t want to enter tioned deals and where they have been have roughly 3,500 other warheads that, into this one with any misunder- taking place. They have been taking again, will continue to be modernized standings or covering up the truth. We place on the Senate floor. We have been and made available, if necessary. are saying here loudly and clearly that working on this for a long time. We So I want to say that in accepting the United States is going to continue have gone through intelligence brief- the Kyl amendment and all of the to develop all of these different forms ings. We have gone through incredible things that have come with it—the let- of missile defense to protect our secu- numbers of hearings. I think this has ter from the appropriators and accept- rity and that has nothing to do with been done exactly in the right way. ing this missile defense amendment—if this START treaty. I thank the Senator for his leader- that ends up being the case, and I hope I think the third section here is very ship. I thank Senator LUGAR for his it will be by unanimous consent short- important. We say: leadership on nuclear armaments in ly, I think what we have done through- The U.S. believes that these systems [mis- general. The Senator has been pursuing out this entire process has strength- sile defense systems] do not and will not that for years. ened our country’s national security. threaten the strategic balance with the Rus- So we have before us an amendment I can say: Look, this is called the sian Federation. Consequently, while the on missile defense. Again, it has been New START, but I could call this the U.S. cannot circumscribe the sovereign discussed in great detail. This says Missile Defense and Nuclear Mod- rights of the Russian Federation under para- three things. Senator LIEBERMAN cer- ernization Act of 2010 because all of graph 3 of Article XIV of the [START] Trea- ty— tainly talked about much of the detail, these things have come into play to but the President the other day sent us make our country safer. I want to Which is the section that gives na- a letter declaring, in very strident thank the chairman. I want to thank tions the right to withdraw under ex- ways, his commitment to both the the administration for walking traordinary circumstances—nonethe- phased-adaptive approach to missile through, over the last 6 months, and less, if we adopt this, when we adopt it, defense, which will take place in Eu- helping us cross t’s and dot i’s. I think this amendment, we are saying here: rope, and our ground-based intercep- this treaty is good for our country. I The United States believes continued im- tors. He has said that absolutely in think this treaty enhances our na- provement and deployment of United States missile defense systems do not constitute a strident terms. tional security. I thank the chairman basis for questioning the effectiveness and What this amendment does is cer- for the way he has worked with us to viability of the Treaty, and therefore would tifies to Congress—he certifies to Con- get it into that position, certainly Sen- not give rise to circumstances justifying the gress—that he is going to continue ators MCCAIN and LIEBERMAN for help- withdrawal of the Russian Federation from those efforts. He will continue those ef- ing take the lead on this amendment. the treaty. forts on phased-adaptive approach and I yield the floor. We are trying to manage our rela- ground-based interceptors. The PRESIDING OFFICER. The Sen- tionship with the Russian Federation Second, we have been concerned ator from Illinois. in a way that is conducive to the secu- about what Russia thinks as it relates AMENDMENT NO. 4922 TO AMENDMENT NO. 4904 rity of our country and the security of to this treaty. When we exchange the Mr. KIRK. Mr. President, I have a the world. instruments of ratification, when we second-degree amendment at the desk, We disagree with the Russians on an exchange the documents when ratify- No. 4922. awful lot of things, including human ing this treaty, they are going to be The PRESIDING OFFICER. The rights and values and freedom of the told that we, in fact, are continuing to clerk will report. press—which the current government pursue our missile defenses in every The assistant legislative clerk read in Russia has so aggressively sup- way possible, and that in no way af- as follows:

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The Senator from Illinois [Mr. KIRK] pro- and Poland to protect Europe against available to me to support the deployment of poses an amendment numbered 4922 to medium- and intermediate-range ballistic all four phases. Amendment No. 4904. missiles. In the final phase, planned for the Sincerely, Mr. KIRK. Mr. President, I ask unan- end of the decade, further upgrades of the BARACK OBAMA. imous consent that the reading of the SM–3 interceptor will provide an ascent- The PRESIDING OFFICER. The Sen- amendment be dispensed with. phase intercept capability to augment our ator from Massachusetts. defense of NATO European territory, as well The PRESIDING OFFICER. Without Mr. KERRY. Mr. President, on the as that of the United States, against future basis of rule XXII and the question of objection, it is so ordered. threats of ICBMs launched from Iran. The amendment is as follows: timely filing, I would object to this The Lisbon decisions represent an historic (Purpose: To provide an additional under- achievement, making clear that all NATO amendment being considered. standing regarding the December 18, 2010, allies believe we need an effective territorial The PRESIDING OFFICER. The letter from President Obama to the Senate missile defense to defend against the threats point of order is well taken. The regarding missile defense) we face now and in the future. The EPAA amendment falls. On page 2, after line 19, add the following: represents the right response. At Lisbon, the Mr. KIRK. Mr. President, am I al- (2) MISSILE DEFENSE.—It is the under- Alliance also invited the Russian Federation lowed to be heard on the point of standing of the United States that the advice to cooperate on missile defense, which could order? and consent of the Senate to the New START lead to adding Russian capabilities to those The PRESIDING OFFICER. There is Treaty is subject to the understanding, deployed by NATO to enhance our common no debate on a point of order. which shall be transmitted to the Russian security against common threats. The Lis- Mr. KIRK. Roger that. Federation at the time of the exchange of in- bon Summit thus demonstrated that the Al- The PRESIDING OFFICER. The Sen- struments of ratification, stated in the letter liance’s missile defenses can be strengthened transmitted by President Barack Obama to ator from Massachusetts. by improving NATO-Russian relations. Mr. KERRY. Mr. President, I do not the Majority Leader of the United States This comes even as we have made clear Senate on December 18, 2010, the text of want the Senator to not have an oppor- that the system we intend to pursue with tunity to be able to speak to this. I which is as follows: Russia will not be a joint system, and it will THE WHITE HOUSE, not in any way limit United States’ or think he should be able to. He cer- Washington, December 18, 2010. NATO’s missile defense capabilities. Effec- tainly has that right in the context of Hon. HARRY M. REID, tive cooperation with Russia could enhance his time. I will not speak very long at Majority Leader, U.S. Senate, the overall effectiveness and efficiency of all. Washington, DC. our combined territorial missile defenses, I want to thank the Senator from Ar- DEAR SENATOR REID: As the Senate con- and at the same time provide Russia with izona, my long-time friend, for his very siders the New START Treaty, I want to greater security. Irrespective of how co- generous comments. I appreciate them share with you my views on the issue of mis- operation with Russia develops, the Alliance sile defense, which has been the subject of personally. But also I thank him for alone bears responsibility for defending his willingness, under some cir- much debate in the Senate’s review of the NATO’s members, consistent with our Trea- Treaty. ty obligations for collective defense. The cumstances that I know were tough for Pursuant to the National Missile Defense EPAA and NATO’s territorial missile defense him, in terms of how a lot of this Act of 1999 (Public Law 106–38), it has long capability will allow us to do that. played out. He nevertheless sat with been the policy of the United States to de- In signing the New START Treaty, the me, worked through these issues, and ploy as soon as is technologically possible an Russian Federation issued a statement that obviously I wish we had been able to effective National Missile Defense system ca- expressed its view that the extraordinary reach an agreement sometime earlier, pable of defending the territory of the United events referred to in Article XIV of the Trea- States against limited ballistic missile at- but I am glad he is there now on this ty include a ‘‘build-up in the missile defense tack, whether accidental, unauthorized, or amendment. I am glad we are able to capabilities of the United States of America deliberate. Thirty ground-based interceptors accept it. such that it would give rise to a threat to based at Fort Greely, Alaska, and Vanden- I thank Senator CORKER who has the strategic nuclear potential of the Rus- berg Air Force Base, California, are now de- sian Federation.’’ Article XIV(3), as you been a straight dealer throughout all of fending the nation. All United States missile know, gives each Party the right to with- this—no histrionics, no politics. I defense programs—including all phases of draw from the Treaty if it believes its su- think he has really seen his respon- the European Phased Adaptive Approach to preme interests are jeopardized. sibilities on the Foreign Relations missile defense (EPAA) and programs to de- fend United States deployed forces, allies, The United States did not and does not Committee in the best way and has and partners against regional threats—are agree with the Russian statement. We be- studied and thought and worked at and consistent with this policy. lieve that the continued development and de- tried to find a way to solve a problem, The New START Treaty places no limita- ployment of U.S. missile defense systems, in- not create a problem. So I thank him tions on the development or deployment of cluding qualitative and quantitative im- for that approach to this treaty. our missile defense programs. As the NATO provements to such systems, do not and will I think this amendment, if I can not threaten the strategic balance with the Summit meeting in Lisbon last month un- say—I mean, I was here in the Senate. derscored, we are proceeding apace with a Russian Federation, and have provided pol- icy and technical explanations to Russia on I remember debating the first proposal missile defense system in Europe designed to of President Reagan with respect to provide full coverage for NATO members on why we believe that to be the case. Although the continent, as well as deployed U.S. the United States cannot circumscribe Rus- missile defense, which then was called forces, against the growing threat posed by sia’s sovereign rights under Article XIV(3), the SDI, the Strategic Defense Initia- the proliferation of ballistic missiles. The we believe that the continued improvement tive, and became what we called Star final phase of the system will also augment and deployment of U.S. missile defense sys- Wars back then. We have traveled a our current defenses against interconti- tems do not constitute a basis for ques- long distance since then. The world tioning the effectiveness and viability of the nental ballistic missiles from Iran targeted also has changed significantly since against the United States. New START Treaty, and therefore would not give rise to circumstances justifying Rus- then. All NATO allies agreed in Lisbon that the We no longer live in that sort of bipo- growing threat of missile proliferation, and sia’s withdrawal from the Treaty. our Article 5 commitment of collective de- Regardless of Russia’s actions in this re- lar East-West, Soviet-U.S.-dominated fense, requires that the Alliance develop a gard, as long as I am President, and as long world. We are living in a multipolar, territorial missile defense capability. The as the Congress provides the necessary fund- extraordinarily complicated and sig- Alliance further agreed that the EPAA, ing, the United States will continue to de- nificantly changed world in the context which I announced in September 2009, will be velop and deploy effective missile defenses to of the threats we face. The threats we a crucial contribution to this capability. protect the United States, our deployed now face, particularly of a rogue state, Starting in 2011, we will begin deploying the forces, and our allies and partners. My Ad- or of the possibility of a terrorist group first phase of the EPAA, to protect large ministration plans to deploy all four phases stealing or putting their hands on some parts of southern Europe from short- and of the EPAA. While advances of technology medium-range ballistic missile threats. In or future changes in the threat could modify loosely guarded materials and/or weap- subsequent phases, we will deploy longer- the details or timing of the later phases of ons, those are possibilities that are range and more effective land-based Stand- the EPAA—one reason this approach is real. We need to deal with this dif- ard Missile–3 (SM–3) interceptors in Romania called ‘‘adaptive’’—I will take every action ferent kind of threat.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23446 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 I believe the President of the United with the Russians concerning the New the subcommittees of the Armed Serv- States has been pursuing a plan, build- START treaty, the administration, re- ices Committee. She logged a lot of ing on what previous administrations sponding to Russian objections about miles and worked her heart out to as- have done; that is, pursuing the right missile defense—which were so un- sist in the evolution of this treaty. She kind of approach to try to figure out: founded and I could never fathom—the has, as we all know, been fighting can- How do we make all of us safer? Our administration agreed, in September of cer. She just recently had cancer sur- hope is that the Russians will under- last year, unilaterally, and to the utter gery. We wish her well in her recovery stand this is not directed at them. This surprise of Poland and the Czech Re- and express our gratitude to her for her is directed at how we together can public, to cancel the planned two-stage work. build a structure in which all of us can GBI that was to be deployed in 2016 in I yield the floor. share in a way that forces the Irans Poland. The PRESIDING OFFICER. The Sen- and North Koreas and others to under- It was a great embarrassment to our ator from Tennessee. stand the futility, indeed the counter- allies. They had been negotiating with Mr. CORKER. Mr. President, I thank productivity of the direction in which us for many years on this project. They the Senator from Massachusetts and they are moving. had stood firm for it, and the adminis- Senators MCCAIN and LIEBERMAN. So I think this is a good amendment tration then promised this phase four There are probably still some folks to embrace within the instrument of SM–3 Block 2B. But it was not on the making up their minds on this treaty. ratification what the President is drawing board, not under development, I think most people have debated this doing anyway, what the administration and cannot be completed until 2020 if at length and discussed it at length off has been committed to doing anyway. I we as a Congress fund it over that dec- the floor. personally do not think it was nec- ade. The President certainly will not Our side has raised a number of ques- essary—in order to achieve an appro- be in office at that time. So I am un- tions. We have tried to cross every t priate understanding of where the ad- easy about this whole matter of missile and dot every i. This has been done in ministration is going—but to whatever defense. a very methodical way. I thank the degree it gives Senators the ability in I think the administration made a chairman for the way he has worked the advice and consent process to be- colossal error in giving up on the with us. I thank Senator LUGAR for his lieve that we are appropriately putting planned two-stage strategic policy. But longstanding leadership in this regard. Russians on notice as to this course we this language is better than no lan- I thank the administration officials are on, I think it reinforces what the guage. I thank my colleagues for mov- who have absolutely bent over back- President has already done and said. I ing forward with it. ward to try to solve every problem that do not think they should view it as The PRESIDING OFFICER. The Sen- has come up. The administration has something new or as an aberration ator from Massachusetts. not only solved problems for people from any course that we have been on. Mr. KERRY. Mr. President, I know who might vote for the treaty, they I certainly do not view it that way. the Senator from North Dakota wants have tried to solve problems for people I am confident they will see that we to speak on this a little bit. I thought who they know will not vote for the can build on this treaty in a way that we might, if he was willing—we could treaty. We have some Members on our we share in the future strategies, anal- accept the amendment and then the side who I know are still making up yses, perhaps even technologies in the Senator would have an opportunity to their minds. I have been involved in long run that will make all of us safer speak. this for a long time. I enjoyed this. I and ultimately provide all of us with Mr. President, we are prepared to ac- think this is an incredibly serious mat- the ability to deal with the realities of cept this amendment. ter. a nuclear world. Our goal is to make us The PRESIDING OFFICER. The safer, and we believe this helps us do question is on agreeing to the amend- I have two daughters and a wife I that. ment. love. National security is something The PRESIDING OFFICER. The Sen- The amendment (No. 4904), as further that is important to all of us. None of ator from Indiana. modified, was agreed to. us wants anything bad to happen to Mr. LUGAR. Mr. President, I join The PRESIDING OFFICER. The Sen- this country. But to my friends on this with the sentiments just expressed by ator from Massachusetts. side of the aisle who still may have the chairman. I very much appreciate Mr. KERRY. Mr. President, we have some questions, there is no way in the the statements made by Senator an understanding—while it is not a world we would have the commitments MCCAIN, Senator LIEBERMAN, and my unanimous consent request yet, we we have on nuclear modernization if it colleague on the Foreign Relations have an understanding with Senator were not for the process of this treaty. Committee, Senator CORKER, who has KYL that is the last amendment. We Now with Senator KYL’s amendment worked diligently throughout the hear- are waiting for the agreed-upon lan- being accepted, we are even fast-track- ings, the markup, and this debate. guage from both leaderships in order to ing that. There is no way in the world I ask unanimous consent to be added arrive at a time for the vote. It is our the unilateral statements that are as a cosponsor to the amendment that understanding that other issues that going to be presented to Russia are they have offered, 4904, as modified. were part of the equation of when that going to be made regarding missile de- The PRESIDING OFFICER. Without vote might take place have been re- fense would be occurring without this objection, it is so ordered. solved. So, as a result, I think Senators treaty being in place. I don’t think The Senator from Alabama. can anticipate that, hopefully, some- there is a person in the world who has Mr. SESSIONS. Just briefly on the time soon that unanimous consent re- debated seriously whether 1,550 war- remarks about the missile defense, I quest will be propounded. heads being deployed in any way af- have served as chairman of the Stra- Until then, Senators are free to talk fects this country’s national security. tegic Forces Subcommittee and rank- on the treaty and I look forward to To those of you who may still be wa- ing member and have been involved in their comments. vering, I believe every issue that has it for quite a few years. I think the lan- Can I say one word, Mr. President? I been raised has been answered strongly guage affirms the continued develop- apologize. and legitimately. We have put forth ment of the two-stage, ground-based Earlier when I was thanking folks, I what our posture is on nuclear arma- interceptor. Then, I guess, I accept the meant to, and I neglected to because I ments more clearly than we have done language that says ‘‘as a technological jumped over to thank Under Secretary in recent times. I hope people will and strategic hedge.’’ of State Ellen Tauscher. come to the same conclusion, that this But I would just say to my col- As we all know, she was a Member of is good for the country. leagues, the reason we are at this point the House, spent a lot of time on sepa- I thank all those who have allowed is because, during the negotiations rate issues. In fact, she chaired one of me to be involved the way that I have.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23447 I urge support, whenever the vote oc- cent increase was unusual because My point is, when we add up all of curs, for a treaty that I believe abso- most accounts were flat or some had this, the subtext is how are we going to lutely makes our country safer. With cuts. But nuclear weapons got a 10-per- pay for it. Because it is easy to talk all these accommodations, at some cent increase. The proposal for 2011, a about authorizing, to talk about appro- point, it seems that the right thing to $600 million increase but $7 billion priating. The question is, Where does do is to say yes to yes. total, was actually short-circuited and the money come from at a time when I yield the floor. put in the continuing resolution. All we are borrowing 40 cents of everything The PRESIDING OFFICER. The Sen- the other funding in the CR is flat we spend in this government? The ator from North Dakota. funding from the previous year. But subtext of money and debt is also a sig- Mr. DORGAN. Mr. President, there the funding for the nuclear weapons nificant part of this country’s national has been a great deal of discussion programs at 10 percent higher was put security. If we don’t get our fiscal about modernization this morning. I into the CR. Those programs and those house in order, all these debates will have listened to much of it and was not programs alone get the higher funding. pale by comparison. We can’t lose our going to come to the floor, but I do That $7 billion was not all that was to economy and have a future collapse of want the record to show clearly what be spent. Another $4 billion emerged. I the economy because the rest of the the numbers are on modernization. It heard about that on the radio while world has very little confidence in our is important to the future for us to un- driving in North Dakota, that another ability to make smart decisions. We derstand what has been done and what $4 billion had been put into this pot for can’t risk all that and believe we are is being done and what will be done. modernization. The additional funding going to be a world economic power I chair the Appropriations Sub- from the 1251 report, which was pro- moving forward. If we are going to re- committee that funds nuclear weapons duced in the fall, means 2012 funding main a world economic power—and we activities. I have spoken about this would go from $6.3 billion in 2010, $7 can, and I believe we will—it will be be- previously. It is very important going billion in 2011, to $7.6 billion in 2012. cause we start making some smart, forward that we all understand what That is a $1.2 billion increase in 2 tough, courageous decisions. That is not only this administration but the years. more than just calling for more money, previous administration has proposed Linton Brooks, the fellow who ran more spending, which was most of this with respect to modernization. I agree the National Nuclear Security Admin- morning’s discussion. with my colleague from Kentucky. It is istration and who did a good job in I don’t object to the amendment. My encouraging, at the end of this debate, that role, said: colleagues have raised important that two bipartisan amendments rep- I would’ve killed for this kind of budget. issues. But it is important to under- resent the conclusion of this very im- He is referring to $1.12 billion in- stand we have made great progress on portant debate. We often debate things crease and two 10 percent increases, the modernization funding programs in that are of lesser importance or of while much of the other budget was the past months, and this administra- greater importance and sometimes flat. We are talking about $85 billion tion has moved very aggressively to don’t always see the difference between for the next decade on these weapons meet those needs and meet those con- the two. But this is one of those cases activities, an increase of $8.5 billion in cerns. That is important with respect where if we ratify the START agree- the next 5 years over what was por- to the public record. ment today, when all is said and done, trayed in the 2010 budget. We are talk- I yield the floor. The PRESIDING OFFICER. The Sen- more will have been done than said. ing about a lot of additional money ator from Alabama. that has been committed. It shows a That is very unusual in a political Mr. SESSIONS. Mr. President, I have commitment to build two nuclear fa- body. given a lot of thought to the treaty, When I say ‘‘more will have been cilities that were discussed earlier. I and having been involved in missile de- done than said,’’ it is so unbelievably want to mention them because it is im- fense and nuclear issues serving on the important to try to reduce the number portant to understand what we are Strategic Forces Subcommittee of of nuclear weapons and to stop the doing, the uranium processing facility Armed Services, as ranking member spread of nuclear weapons. But there is at the Y–12 production complex and the and chairman, many of the provisions a subtext to all the other things we chemistry and metallurgy research re- in the treaty are acceptable and should have discussed, which is why I want to placement facility at Los Alamos. pose no threat to our national security. put in the record the funding for the There were moneys in the 2012 budget But considered as part of the adminis- nuclear weapons issues. That subtext is in construction funds for these two fa- tration’s stated foreign policy and stra- money, money related to national se- cilities, not as much as some would tegic policy and in relation to the re- curity. We are a country with a $13 want in the Senate. But the fact is, the ality of the world situation today, I do trillion debt. Modernization is expen- design of these two facilities is only 45 not believe the treaty will make us sive. Yet it relates to our national se- percent complete. We don’t fund things safer. I think that is a good test. curity. National missile defense, which that are 45 percent designed. To come I disagree with my colleagues who we have heard a lot about, is very ex- out here and say we ought to be pro- are overly confident that this is going pensive. I understand that also relates viding robust funding for buildings to make the world safer. I believe the to national security. But this issue of that are not even designed just makes treaty, for that reason, should be re- getting our debt under control and our no sense. Why, NNSA can’t have con- jected. fiscal policy under control is just as fidence in its funding needs until it Some say a defeat for the treaty much a part of the national security reaches about a 90-percent design point would harm the United States. I think interests of this country. and that will be in 2013. the entire world would see the Senate The subtext to these discussions— I listened this morning to this discus- action as a resurgence of America’s modernization, missile defense—is sion and I think what the chairman has historical policy of peace through about funding as well and getting this done and what Senator KYL has done in strength and a rejection of a leftist vi- country’s economic house in order. reaching an agreement is fine. But I sion of a world without nuclear weap- Let me mention the issue of nuclear want the record to show that this ad- ons. The negotiating posture state- weapons modernization. In fiscal year ministration has proposed robust in- ments and actions of Russia indicate it 2010, we were spending $6.3 billion on creases in 2010, 2011, 2012, and for a 5- is regressing sadly into an old Soviet the modernization program on nuclear year period in these modernization ac- mindset as it views the outside world. weapons activities. In fiscal year 2011, counts, life extension programs—ro- This is disappointing and indicative of it went to $7 billion, up 10 percent—so bust increases. Even that is not enough anything but the positive reset we hope a 10-percent increase for the nuclear for some. They want to put money into to achieve with them. It is extremely weapons activities in President buildings that are not yet designed. important for Russian and U.S. secu- Obama’s budget request. That 10-per- That doesn’t make much sense to me. rity and world security, that Russia

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23448 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 sees its role as a positive force for throughout this quest for the treaty. ture Review produced in April 2010 by peace and security. These negotiations, The events do not give me confidence the Defense Department. This docu- however, show the face of the old So- that the treaty, therefore, is a positive ment is a formal document produced by viet Union. They have been so relent- step for the United States, the world, the new administration’s Defense De- less in the way they have negotiated. or for peace. partment. The determination to pursue Negotiations with any mature power, Secondly, as I noted, and I will not the zero nuclear weapons vision is seen especially Russia, are difficult and se- go into detail now, the administration throughout this review. Amazingly, rious. This administration began with conceded the two-staged, ground-based there are 30 references in that docu- a naive expectation that a treaty could interceptor site that would have been ment to a world without nuclear weap- be quickly achieved that would show established in Poland, that would pro- ons. their leadership towards peace and a vide redundant protection to the The NPR begins with an introductory nuclear-free world. The Obama admin- United States from an Iranian missile letter from Secretary of Defense Gates, istration wanted to set an example for and protected virtually all of Europe the second sentence of which says this: other nations to reduce their nuclear from an Iranian missile. That was As the President said in Prague last year, weapons towards a world without any given away unilaterally by the admin- a world without nuclear weapons will not be nuclear weapons. We have heard this istration without prior warning to our achieved quickly, but we must begin to take leadership and this setting of an exam- allies in Poland and the Czech Repub- concrete steps today. ple theme repeatedly from the Presi- lic. They heard about it in the paper. The Executive Summary further dent and the administration. But Rus- They realized the United States had drives the issue home. The first sen- sia has not the slightest interest in gone behind them, our allies, and made tence in the Executive Summary re- such vague concepts, nor in elimi- a deal with the Russians. It was a very calls that President Obama, in Prague, nating all nuclear weapons. They have unfortunate event, indeed. highlighted nuclear dangers and said: no idea or intention ever of relin- The plan that has been talked The United States will seek the peace and quishing nuclear weapons. They are fo- about—the fourth phase of the SM–3 security of a world without nuclear weapons. cused on their own national interest, Phased Adaptive Approach—is not even The first sentence in the second para- on coming out ahead in the negotia- on the drawing board and is unlikely to graph of the NPR is particularly omi- tions for military, political, psycho- actually survive. It would be difficult nous and even chilling to me. Posture logical, and hegemonic reasons. to see it surviving in five different Reviews are defense reviews, and by It seems clear to me that Russia got budget cycles over the next 10 years it their nature are bottom-up reports, what it wanted and President Obama would take to develop that system. We driven by threat assessments and the got a treaty paper which strategically walked away from one that could be requirements necessary to defend means very little but can be touted as deployed soon. America. These reviews historically a victory for peace. I offered a sense-of-the-Senate reso- are objective analyses from experts, So this is what I have concluded dur- lution to make clear the Senate does not political reports. The troubling ing this debate—and the debate has not concur in an ill-conceived vision of line reads: been helpful—the debate has caused me the administration that would move us The 2010 Nuclear Posture Review (NPR) to think through a good bit of this. A to a world without nuclear weapons. I outlines the Administration’s approach to longer debate at a different time of the thank Senators KYL, LEMIEUX, COR- promoting the President’s agenda for reduc- year, I think, could have helped all of ing nuclear dangers and pursuing the goal of NYN, CHAMBLISS, and INHOFE for cospon- our colleagues. I do not believe the suc- a world without nuclear weapons. soring the amendment. While I will not cess in negotiation of the treaty will in insist on a vote at this hour, this mat- This statement reveals the whole any way make the Russians more coop- ter will be a significant subject for the truth. The NPR is the President’s pol- erative, as the administration has re- future. icy, sent from the top down, not the peatedly suggested. bottom up. Stunningly, the report Russia has been inconsistent at best Thirdly, I would suggest the treaty is promoted as a step towards a world lacks a clear focus on the only objec- in helping the United States with the tive that counts: Securing a nuclear ar- danger of nuclear Iran and North free of nuclear weapons. This is a fan- tastical idea that goes beyond insig- senal second to none that can, under Korea—the gravest threats to peace in any circumstances, deter attacks on the world, with military action being nificance, it is dangerous. Basing any policy, especially a nuclear policy, on and defend the United States and its undertaken against our ally, South allies. Korea, in recent weeks, and with the an idea as cockamamie as zero nuclear weapons in the world can only lead to Fourthly, the Obama vision of a real possibility of an attack on Iran’s world without nuclear weapons has not nuclear weapons that, hopefully, can be confusion and uncertainty. Confusion and uncertainty are the polar opposites been well received. Indeed, the breadth avoided. of the criticism from experts and world Why has Russia not been more coop- of the necessary attributes of security and stability. These are the essentials leaders is noteworthy. erative? They blocked a resolution con- Two years ago, Congress adopted an of good strategic policy: security and demning North Korea Sunday in the amendment I proposed that called for a stability. U.N. Russia attacked Georgia, a sov- commission to review the strategic Thus, the Obama policy creates a ereign nation, and continues to occupy posture of the United States. It was bi- more dangerous world. Some say the Georgian territory. This shocking act partisan and chaired by former Secre- President’s zero nukes policy is just a of aggression condemned by inde- taries of Defense Dr. William Perry and distant vision, some vague wish, so pendent bodies goes without any real Dr. James Schlesinger. The commis- don’t worry. The situation would be U.S. response. Georgia is a pro-Amer- sion powerfully dismissed the idea of a much better if that were so, but it is ican, free market, independent nation world without nuclear weapons. In not. President Obama has made zero whose attack was calculated and delib- somewhat diplomatic but clear and nuclear weapons a cornerstone of our erate. strong language, they said this: Russia continues to work to under- defense policy. It has, amazingly, al- ready been made a centerpiece of our The conditions that might make possible mine the pro-Western democracy the global elimination of nuclear weapons movement in the Ukraine. They con- military policy, being advanced by con- are not present today and their creation tinue a host of actions that evidence a crete steps today. Presidents, Com- would require a fundamental transformation long-term plan to effect a real or de manders-in-Chief, have the power to of the world political order. facto reabsorption of these three na- make such monumental changes in pol- They went on to say this: tions into what was the old Soviet icy, and this President is certainly All of the commission members believe Union. doing so. that reaching the ultimate goal of global nu- So these ominous trends, it seems to The change is seen most seriously in clear elimination would require a funda- me, have not been seriously considered the critically important Nuclear Pos- mental change in geopolitics.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23449 Maybe the Second Coming. Importantly, the administration’s Since this treaty is a calculated step Others have dismissed this concept as planned further diminishment of our in the President’s plan to achieve dan- a wild chimera. French President nuclear stockpile—further diminishing gerous and unacceptable policies, this Sarkozy, from one of our European al- it from these numbers—and President treaty must not be ratified. The treaty lies, France, said this: Obama’s hostility to the utility of nu- and the policy behind it must be re- It [our nuclear deterrent] is neither a mat- clear weapons generally has caused a jected. ter of prestige nor a question of rank, it is great deal of unease among our non-nu- I thank the Chair and yield the floor. quite simply the Nation’s life insurance pol- clear allies. These nations are not so The PRESIDING OFFICER. The Sen- icy. open about their concerns, but the ator from Massachusetts. He made clear they had no intention problem is a very real one. Mr. KERRY. We are shortly going to of giving that up. The American nuclear umbrella, our propound a unanimous consent request. Secretary James Schlesinger, back extended deterrence, has allowed our I have been saying that a couple of when President Reagan was meeting in allies, free democratic nations, to re- times now, but we really are shortly Reykjavik over nuclear issues, made main nuclear free, without having nu- going to do it. There are several Sen- this wise comment: clear weapons. But if the Obama policy ators who wish to speak. I would like Nuclear arsenals are going to be with us as continues, the Perry-Schlesinger re- to see if we could set up an order for long as there are sovereign states with con- port concludes real dangers may await: them. flicting ideologies. Unlike Aladdin with his If we are unsuccessful in dealing with cur- lamp, we have no way to force the nuclear rent challenges, we may find ourselves at a I ask unanimous consent that the genie back into the bottle. A world without tipping point, where many additional states Senator from Washington proceed for nuclear weapons is a utopian dream. conclude that they require nuclear deter- 10 minutes, then the Senator from Keith Payne, who served on this nu- rents of their own. If this tipping point is Texas for up to 10 minutes, then the clear commission, writing recently in itself mishandled, we may well find ourselves Senator from North Dakota for 5 min- the National Review, said: faced with a cascade of proliferation. utes. I ask unanimous consent also The presumption that United States move- The nuclear commission—President that each of those Senators would ment toward nuclear disarmament will de- Obama appointed a number of the allow the interruption for the pro- liver nonproliferation success is a fantasy. Members on the Democratic side—said pounding of the unanimous consent re- On the contrary, the United States nuclear that if our allies who feel they have quest if it comes during the time they arsenal has itself been the single most im- been protected by our nuclear umbrella are speaking. portant tool for nonproliferation in history, become uncertain, we could be faced The PRESIDING OFFICER (Mrs. and dismantling it would be a huge setback. with a cascade of proliferation. Is that HAGAN). Without objection, it is so or- Remember the commission. what we want? I know the President dered. Jonathan Tepperman, in Newsweek, wants nonproliferation. I know that is Mr. KERRY. I thank the Chair. said: what he wants. I am not attacking his The PRESIDING OFFICER. The Sen- And even if Russia and China (and France, goal. Throughout my remarks, I am ator from Washington. Britain, Israel, India, and Pakistan) could be raising the question of whether these coaxed to abandon their weapons, we’d still goals will be furthered by the actions DEFENSE LEVEL PLAYING FIELD ACT live with the fear that any of them could of this treaty and these policies or Mrs. MURRAY. Madam President, I quickly and secretly rearm. whether they will not. rise this afternoon to call on the Sen- Gideon Rachman, in Financial One final concern. The administra- ate to move and pass H.R. 6540, which Times, said: tion has made it clear that this trea- is the Defense Level Playing Field Act, The idea of a world free of nuclear weapons ty’s nuclear reductions are just the a bill which was passed overwhelm- is not so much an impossible dream as an first step in a long march to a nuclear- ingly by the House of Representatives impossible nightmare. free world. Assistant Secretary Rose yesterday. William Kristol, writing in the Wash- Gottemoeller, who negotiated the trea- This is a bill that is identical to a bi- ington Post, in October, said: ty, said in April: partisan provision I have introduced Yet to justify a world without nuclear We will also seek to include non-strategic, here in the Senate with Senators weapons, what Obama would really have to non-deployed weapons in future reductions. BROWNBACK, CANTWELL, and others envision is a world without war, or without Assistant Secretary of Defense for from States that know the value of threats of war. . . .The danger is that the al- American aerospace. It is a bill that lure of a world without nuclear weapons can International Security Affairs and be a distraction—even an excuse for not act- former Ambassador Alexander will require the Pentagon to take into ing against real nuclear threats. . . .So while Vershbow a few weeks ago said that account illegal subsidies to foreign Obama talks of a future without nuclear the administration, in follow-on talks, companies in our country, and that weapons, the trajectory we are on today is will seek further reductions in stra- will finally deliver an even playing toward a nuclear—and missile-capable North tegic, nondeployed, and nonstrategic field in our procurement process. Korea and Iran—and a far more dangerous weapons. And the President has said But above all, this is a jobs bill. It is world. that repeatedly. about protecting skilled, family-wage Others have also written about this. We Senators, in the end, only have jobs, manufacturing jobs, and engineer- David Von Drehle, writing in Time our judgment. My best judgment tells ing jobs—jobs with technical skills and Magazine, said: me that if our weapons fall too low in expertise that are passed down from A world with nuclear weapons in it is a numbers, such an event could inspire one generation to the next; jobs that scary, scary place to think about. The indus- rogue and dangerous lesser nuclear not only support our families during a trialized world without nuclear weapons was powers to seek to become peer nuclear very difficult economic time but are a scary, scary place for real. But there is no competitors to the United States—a also helping to keep our communities way to un-ring the nuclear bell. The science and technology of nuclear weapons is wide- dangerous event for the entire world. above water. These are jobs in commu- spread, and if nukes are outlawed someday, Thus, I must conclude that the Obama nities in Kansas, in Connecticut, in only outlaws will have nukes. plan is to diminish the power and lead- California, and in my home State of Kenneth Waltz, leading arms con- ership of the United States. Carefully Washington. They are jobs that sup- troller and professor emeritus of polit- read, this is what the goal does. I think port small businesses, they pay peo- ical science at UC Berkeley, said: this conclusion cannot be disputed. The ple’s mortgages, and they create eco- leader of the one nation that has been nomic opportunity. These jobs right We now have 64 years of experience since Hiroshima. It’s striking and against all his- the greatest force for freedom and sta- now are at risk. Why? Because of ille- torical precedent that for that substantial bility in the world, with our large nu- gal subsidies that undercut our work- period, there has not been any war among clear arsenal, is displaying a naivete ers and create an uneven playing field nuclear states. beyond imagining. for America’s aerospace workers.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23450 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 This is a commonsense, straight- cause of launch aid, our workers are It is time to take these job-killing forward way to protect American aero- now not only competing against rival subsidies into account. It is the right space jobs from unfairly subsidized Eu- companies, they are competing against thing to do for our workers, for our ropean competition. It is a bill that the treasuries of European govern- economy, and the future of our air- specifically targets a major job-cre- ments. At the end of the day, that has space industry. ating project—the Air Force’s aerial meant lost jobs at our American aero- UNANIMOUS CONSENT REQUEST—H.R. 6540 refueling tanker contract—as a place space companies and suppliers and the So I ask, as if in legislative session where we can begin to restore fairness communities that support them. and as if in morning business, unani- for our aerospace workers. This bill I have been speaking out against Eu- mous consent that the Senate proceed says that in awarding that critical rope’s market-distorting actions for to the immediate consideration of H.R. tanker contract, the Pentagon must many years because I understand that 6540, which was received from the consider any unfair competitive advan- these subsidies are not only illegal, House and is at the desk; that the bill tage aerospace companies have, and they are deeply unfair and anti- be read three times and passed; the mo- there is no bigger unfair advantage competitive. tion to reconsider be laid upon the right now in the world of international My home State of Washington is, of table with no intervening action or de- aerospace than launch aid. course, home to much of our country’s bate; and any statements relating to As my colleagues may know, launch aerospace industry, and I know our the matter be printed in the RECORD. aid is direct funding that has been pro- workers are the best in the world. On a The PRESIDING OFFICER. Is there vided to the European aerospace com- level playing field, they can compete objection? pany Airbus from the treasuries of Eu- and win against absolutely anybody. Mr. SESSIONS. I object. ropean governments. It is what sup- But, unfortunately, Airbus and the Eu- The PRESIDING OFFICER. Objec- ports their factories and their workers ropean Union have refused to allow fair tion is heard. and their airplanes. It is what allows competition. Instead, they use their The Senator from Alabama. them to price their airplanes far below aerospace industry as a government- Mr. SESSIONS. Madam President, I those that are made here in the United funded jobs program, and they use bil- appreciate the loyalty of my colleague States and still turn a profit. It is what lions in illegal launch aid to fund it. from Washington for the Boeing facil- allows them to literally role the dice So let me be clear about one thing. ity that is there. I just want to say and lose on a product and what sepa- The objective of this bill that was that other workers are involved, in- rates them from American aerospace passed overwhelmingly by the House of cluding 48,000 new jobs that would be companies, such as Boeing, that bet Representatives yesterday is not to created if the plant in Alabama were to the company on each new airplane line limit competition; it is to make sure be the one selected in this competition. they produce. In short, it is what al- everyone can compete on a level play- As a member of the Armed Services lows them to stack the decks against ing field. Airbus has made it clear they Committee, I would note that we voted American workers. will go to any lengths to hurt our coun- a number of years ago unanimously to In July of this year, the World Trade try’s aerospace industry. We need to have a competition. There are only two Organization handed down a ruling in a make it clear we will take every action companies in the world that can make case that the United States brought to stop them because this is not only this kind of aircraft. It is a commercial against the European Union that fi- about the future of aerospace; it is aircraft, not a highly sophisticated de- nally called launch aid what it really about jobs right now that will help our fense system such as a fighter. The is: a trade-distorting, job-killing, un- economy recover. In fact, as we look at EADS team committed to build that in fair advantage. That is what the WTO ways to stimulate job growth and keep America—bringing jobs not just to Ala- said. It is one of our Nation’s most im- American companies innovating and bama but jobs all over the Nation, far portant trade cases to date. The WTO growing, we shouldn’t look any further more around the Nation than just in ruled very clearly that launch aid is il- than this bill. Alabama—and to create a third major legal, it creates an uneven playing This bill is a commonsense policy. It world aircraft facility. Congress asked field, it has harmed American workers makes sure U.S. Government policy that the bids be competitively let and and companies, and it needs to end. translates to Pentagon policy because that these two competitors be given a Specifically, the WTO found that Eu- the fact is that the U.S. Government, chance to submit the best proposal. ropean governments have provided Air- through our Trade Representative, has I am highly convinced that the EADS bus with more than 15 billion Euros in taken the position that Airbus sub- aircraft is superior—is larger, it is launch aid, subsidizing every model of sidies are illegal and unfair. Yet, on newer—and more effective in the role aircraft ever produced by Airbus in the the other hand, the U.S. Department of it is asked to fulfill. last 40 years, including, by the way, the Defense is ignoring that position as we Mrs. MURRAY. Madam President, I A330—the very model they are now put- look to purchase a new tanker fleet, would just ask what the order is at this ting forward in the tanker competi- and that does not make any sense—not point. tion. The WTO ruled that France and for our country, not for our military, The PRESIDING OFFICER. The Sen- Germany and Spain provided more and certainly not for our workers. The ator sought recognition after he ob- than 1 billion Euros in infrastructure WTO made a fair decision. Airbus sub- jected. and infrastructure-related grants be- sidies are illegal and anticompetitive. Mrs. MURRAY. The unanimous con- tween 1989 and 2001, as well as another Now the Department of Defense needs sent agreement was that the Senator billion in share transfers and equity in- to take that ruling into account. from Texas would proceed after I had fusions into Airbus. They ruled that When I go home and talk to our aero- yielded the floor, which I had not yield- European governments provided over 1 space workers in Washington State, I ed. billion in Euros in funding between 1986 want to be able to tell them we have The PRESIDING OFFICER. At this and 2005 for research and development evened the stakes. I want them to time, the Senator from Alabama was directed specifically to the develop- know their government is not looking the only person who sought recogni- ment of Airbus aircraft. In fact, the the other way as policies continue to tion. Lexington Institute states that launch undercut their jobs and their opportu- Mrs. MURRAY. Madam President, I aid represents over $200 billion in to- nities. I want them to know that while believe there was an agreement that day’s dollars in total subsidies to Air- they are working to secure our country the Senator from Texas follow my re- bus. by producing the best airplane in the marks. Launch aid has very real con- world, their government is doing every- The PRESIDING OFFICER. There sequences. It has created an uphill bat- thing it can to make sure fair opportu- was an order, but there was no objec- tle for our American workers and nities are there that will keep them on tion. There was no one who sought rec- American aerospace as a whole. Be- the job. ognition.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23451 Mr. SESSIONS. I will wrap up, brief- Mrs. HUTCHISON. Madam President, relationships might change. I believe ly, if I could. I rise to speak on the START treaty. I our relationship with Russia is impor- Mrs. HUTCHISON addressed the spoke on the floor Saturday stating my tant, but there are rogue nations in the chair. concerns about this treaty and the world that are hostile to the United The PRESIDING OFFICER. The Sen- need to address a number of very im- States, which are working in earnest to ator from Texas. portant issues. I had hoped that get nuclear capability and possibly al- Mrs. HUTCHISON. If the Senator amendments that had been offered ready have it, plus warheads to put from Alabama wants to finish his ob- would be able to clarify the position— those nuclear weapons on. jection— the United States position—on this With the threat of a nuclear-armed Mrs. BOXER. Mr. President, par- treaty. Iran or North Korea, or Pakistan, liamentary inquiry: My understanding I have listened to the debate. I have which is our ally, which has a fragile is that the Senator from Washington watched many amendments go down. government, or even Venezuela, which had 10 minutes. My understanding is The treaty supporters have said that is working with Iran and is certainly she had completed that 10 minutes; am these amendments are deal killers, within our hemisphere, it would be un- I incorrect on that? treaty killers. I disagree. I believe ev- thinkable to have any kind of The PRESIDING OFFICER. Her time erybody has been sincere, but I am not miscommunication about the United has expired. persuaded that the Senate’s role to ad- States capability to control its own de- Mrs. BOXER. I didn’t hear the Chair vise and consent to treaties has suc- fense capabilities. That is exactly what say that. I thank the Chair. cessfully finetuned the understanding the Russian statement said we could The PRESIDING OFFICER. The Sen- on our part, if we accept this treaty, not do. ator from Texas. nor the Russian positions—have they U.S. planning and force requirements Mrs. HUTCHISON. I ask the Senator been clarified with our objections or may have to change in the next 10 from Alabama, I thought he was ob- disagreements with the Russian posi- years and, frankly, I think they ought jecting on Senator MURRAY’s time, and tion. to be going forward right now to ensure I was next in the unanimous consent. I understand it would have made it that we can withstand any kind of war- My question is, is he finished with his hard for the administration to amend head, nuclear or otherwise, that would objection? the text. But even amendments that come in from rogue nations. Mr. SESSIONS. I wish 1 additional would try to amend the preamble, or That in itself is enough for me to say minute to wrap up, if I could, and then even the ratification resolution that we have not fulfilled our responsibility I will yield the floor. would clarify the United States posi- under the Constitution for advice to Mrs. MURRAY. Madam President, tion, have caused me great pause. For the President on treaties. That is our then I ask unanimous consent for an instance, when we are talking about solemn responsibility, and I do not additional minute. missile defense, former Secretary of think we have been successfully able to The PRESIDING OFFICER. Is there State Condoleezza Rice, in a Wall do that because we have been blocked objection? Street Journal op-ed, said: on every amendment, calling them deal Without objection, it is so ordered. Russians tend to interpret every utterance killers. Mr. SESSIONS. Madam President, I as binding commitment. I think a strong New START is in our have the floor, I believe. She went on to write: best interest. But I believe that this The PRESIDING OFFICER. The Sen- The Russians need to understand that the treaty does not address other areas of ator from Alabama is recognized. U.S. will use the full range of American tech- concern I have voiced as well. I believe Mr. SESSIONS. Madam President, nology and talent to improve our ability to this treaty could further be improved after this competition has been going intercept and destroy the ballistic missiles by increasing the number of type one on for quite a number of years, and of hostile countries. and type two inspections, as was at- both parties have been very seriously I am concerned that this treaty still tempted by the Inhofe amendment that competing for this contract, it is ex- has a lot of misunderstanding about was defeated yesterday. pected to be awarded in March of next the United States missile defense capa- For instance, we know there are year. The Defense Department has con- bility. I am concerned that our capa- loose nukes that have come from Rus- sidered every one of these issues, in- bility, with the understanding of Rus- sian arsenals in the past, because the cluding the WTO issue. The lawyers sians, would be restricted. Russia and Russians have not had a clear control, talked about it and we have talked the United States each have issued uni- or list of, or don’t seem to be totally about it in the Senate and the House. lateral statements when they signed firm about where all of their arsenal is, At this very last minute, on the eve the New START that clarified their po- and they don’t seem to have the ac- of awarding the competition, a House sition on the relationship between countability. So the loose nukes, it has bill was passed without any debate. We START and missile defense. Russia been reported, have shown up in other have not discussed it or had a hearing stated: places, such as, for instance, North on it. It should not be approved. I ob- The treaty can operate and be viable only Korea. So I think verification becomes ject. if the United States refrains from developing more important, to get a true idea of I yield the floor. its missile defense capabilities quan- exactly what the Russians have, so The PRESIDING OFFICER. Objec- titatively or qualitatively. there can be an accountability going tion is heard. I think we should state clearly in the forward to assure that whatever num- Mrs. MURRAY. Madam President, we resolution to ratify that it is not the ber are in whatever place would always are asking for a level playing field with position of the United States to place stay the same, unless they are part of a bill that passed the House. This is a any limitations on missile defense. The the drawdown. discussion we have had many times. It President wrote a letter saying he dis- I think the verification amendment says that illegal subsidies from any agreed with the Russian position and, Senator INHOFE had that was defeated company should be taken into account yet, Senator MCCAIN offered an amend- would have improved our capability to on a deal in front of the Pentagon. ment that would have stricken lan- understand exactly what was out there I will stand anytime and fight for guage in the preamble of the treaty that might loosely go to Iran or North fairness and competition. I am sorry that would have made it clear what the Korea, with whom the Russians have this has been objected to, because it United States position was, and that relationships, though we do not. meant our country would have a fair amendment was not adopted by this Former Secretary of State James competition. body. Baker described the treaty’s verifica- I yield the floor. As we speak, I don’t believe Russia is tion regime as weaker than its prede- The PRESIDING OFFICER. The Sen- our enemy. This is a 10–year treaty. We cessor. I agree with his comment, and I ator from Texas is recognized. don’t know 10 years down the road how hope we can improve the situation. To

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.000 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23452 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 be fair, Secretary Baker supports the is a guess—within the vicinity of 1:45 My colleagues are probably tired of treaty. But he did recognize its short- to 2 o’clock. That is a guess. Senator hearing me say it, but in my desk I comings, and I think that should have KYL I know wanted to speak prior to have kept a piece of a Soviet Union been addressed by the Senate, without that taking place. We are trying to pre- bomber, a very small piece of a wing fear of what the Russians might say serve that within the order. That said, strut from a Soviet Union bomber. We about our capability to defend against I yield to the Senator from North Da- did not shoot it down. We negotiated threats, not from Russia necessarily, kota. that bomber down by paying money to other than the haplessness of not The PRESIDING OFFICER. The ma- saw the wings off. knowing for sure where your nuclear jority leader. Nuclear arms reduction treaties weapons are—I don’t think Russia is Mr. REID. Madam President, we ex- work. We know they work. There are our enemy. I want a relationship with pect to have the necessary papers to Russian submarines that were not de- Russia. complete the consent agreement with- stroyed in battle. We ground them up The missile defense we were not able in the next 15 minutes. It is 1:15 now, so and took them apart. The wings were to even clarify in the resolution of rati- we hope by 1:30. Sometimes Senate sawed off bombers, and they were sold fication causes me great concern. The time is not exactly right, but we are for scrap. Nuclear missiles in silos with verification not being as adequate as I getting very close to being able to do nuclear warheads aimed at American think we need, and then the moderniza- this consent agreement. It has been cities are gone. tion, which we also address in other typed. We are waiting for the papers to I will give an example. One was in amendments, I think, are also problem- come from the Hart Building. Ukraine. Now sunflower seeds adorn atic. I believe we must know our nu- We want everyone to be patient. We that pasture where there was a missile clear warheads could be used in the know how anxious everyone is to com- with a nuclear weapon aimed at Amer- worst-case circumstance, because I plete the business of this Congress. ica. think that is a deterrent. Just everyone understand it should be We know these arms reduction trea- Because of these things, I am going not much longer. ties work because we have seen them The PRESIDING OFFICER. The Sen- to vote no today on the ratification of work. Fewer nuclear weapons, fewer ator from North Dakota. delivery vehicles, bombers, sub- the treaty. I think the Senate could Mr. DORGAN. Madam President, I have improved the understanding of marines, missiles—we know this works. was not going to speak again, but I was My colleague seemed to suggest that this treaty. I think we could have prompted to by my colleague from Ala- it would be a horrible thing if the en- strengthened it with real amendments bama, a friend and someone for whom I tire world were rid of nuclear weapons. that would have strengthened even have great respect. The presentation I hope that every Senator would aspire what the President said in his letter to by my colleague from Alabama sug- to have that be the case, a world in the Senate, saying that he disagreed gested that President Obama is moving which there was not one weapon left, with the Russian interpretation. But in the direction of disarming us, the for almost surely every offensive weap- then when we tried to put that in writ- implication is that of injuring our na- on on this planet has always been used. ing, that didn’t pass. So I believe we tional security by proposing that we We need to be very concerned about the should not pass this treaty today. I have fewer nuclear weapons. Let me number of nuclear weapons, the spread think we can fulfill our responsibility make a point that I think is so impor- of nuclear weapons, the need, the de- for advice and consent and have a more tant for the record. sire for terrorists to acquire nuclear bipartisan passing of the resolution. I I hope it is not now or ever consid- weapons. That is why these treaties think we need a good relationship with ered a source of weakness for this and these negotiations on arms reduc- Russia. I think we need to protect, at country to aspire to have a planet with tion are so unbelievably important. all costs, the United States unilateral fewer nuclear weapons. It ought to be a Never has it been more important be- capability for missile defense for our source of strength that we understand cause now there is a new threat. They country against other nations. I don’t it becomes our burden as a world lead- do not wear uniforms. They do not be- think Russia is a threat, but I do think er—an economic leader and nuclear long to one country. It is the terrorist rogue nations that have nuclear capa- power—to try to reduce the number of threat. And they strive mightily to ac- bilities are. I think the symbiotic rela- nuclear weapons on this Earth. quire nuclear weapons. tionship between Venezuela and Iran is This President has not proposed any- This treaty negotiated at the start a very real threat to the United States. thing that would injure our national by the previous President and con- I think we need to start preparing security. He is not proposing anything cluded by this President, in my judg- more carefully about that. that is unilateral. He has negotiated ment, strengthens this country, rep- I know my time is up. I appreciate and his team has negotiated a very resents our best national security in- the time to state my reasons for voting strong arms reduction treaty with the terests. against this and hope that when it Russians. I ask the question of anyone who be- passes—which I think it will—we will I know there has been great discus- lieves that it is a threat for us to begin be more firm in clarifying with the sion about modernization, whether reducing nuclear weapons through Russians our view of our national secu- there is enough money, about why tac- arms negotiations with others who rity interests. tical nuclear weapons were not in- have nuclear weapons: Who, if not us, I yield the floor. cluded, the issue of whether it limits us will lead the way to do that? If not us, The PRESIDING OFFICER. The Sen- with respect to missile defense. All of who? Is there another country they ator from North Dakota is recognized. those issues have been answered. All think will aspire to provide leadership Mr. KERRY. Madam President, first, have been responded to. to reduce the number of nuclear weap- if I can interrupt for a moment before The question, it seems to me, for us ons? If there is, tell us the name be- the Senator from North Dakota speaks, now and for all Americans, and par- cause we all know better than that. according to the prior order. I want to ticularly those who serve in Congress This responsibility falls on our shoul- inform Senators that it is now 1:15. We in the future, is will we be a world ders. We are the leading nuclear power are awaiting language which is forth- leader in pushing for a reduction in the on this Earth. It is our responsibility, coming relatively soon on the 9/11 number of nuclear weapons on this it is this country’s responsibility to issue. I think it is the intention of the planet? lead. I don’t ever want anybody to sug- majority leader to vote very quickly There are some 25,000 nuclear weap- gest it is some sort of weakness for this after that unanimous consent agree- ons on this planet. The loss of just one President or any President to engage ment comes together. That means we of those weapons, into the hands of a in arms reduction negotiations. That is could have a vote, conceivably, on the terrorist or rogue nation who might a source of strength. final passage of the resolution of ratifi- then explode it in a major city on This treaty was negotiated carefully. cation on the treaty somewhere—this Earth would change everything. I was on the national security working

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23453 group. We had briefing after briefing in Let us not ever think it is a source of a time when capital is critical in small top-secret venues. This treaty was weakness to be negotiating verifiable community banks, the unintended con- carefully negotiated. It represents our reductions in nuclear weapons among sequence might have been to take them best interests. It represents a reduction those who possess them. That is a below tier one capital requirements of nuclear weapons, a reduction of de- source of strength, and it is important and put them in a stress situation. livery vehicles and represents, in my for our kids and grandchildren who can I commend the distinguished Senator judgment, another step in reducing the succeed by continuing to do that with from Oregon for his work on this legis- nuclear threat. It is not even a giant treaties that make the best sense for lation. I thank the Senator from Lou- step, but it certainly is a step in the this country’s national security inter- isiana, Mr. VITTER, for his consent for right direction. ests. us to bring this forward. I give whole- This represents our best national se- I see the Senator from Massachusetts hearted support to the unanimous con- curity interests, and this President has does not yet have a unanimous consent sent request. demonstrated, yes, he wants a world request, but I know all my colleagues I yield back to the Senator. with fewer nuclear weapons. He wants are anxious to see one. The PRESIDING OFFICER. The Sen- a world, as would I, with no nuclear I yield the floor, and I expect, as the ator from Oregon. weapons at some point. But this Presi- majority leader indicated, within the Mr. MERKLEY. Madam President, I dent would never allow negotiations or next half hour or so we will be voting, appreciate so much the partnership of never allow circumstances in which and I think that is good news. I yield my colleague from Georgia. He has laid this country is unarmed or unprepared the floor. out clearly the impact of a failure to or unable to meet its national security I suggest the absence of a quorum. fix this legislation on our community needs. He has not done that, not in this The PRESIDING OFFICER. The banks where lawyers, exercising their treaty, and will not do it in the future. clerk will call the roll. fiduciary responsibilities, would have I did want to stand up and say that The assistant legislative clerk pro- to move their trust accounts out of because of the comments earlier by the ceeded to call the roll. these special accounts where the inter- Senator who suggested there is some Mr. MERKLEY. Madam President, I est goes to legal services and legal edu- sort of weakness for a country that as- ask unanimous consent that the order cation and into no-interest-bearing ac- pires to have a reduction of nuclear for the quorum call be rescinded. counts so that no one gains from that weapons on this planet. The PRESIDING OFFICER. Without movement. In the course of it, they Let me finally say, I have spoken at objection, it is so ordered. would be moving funds often from com- length on this floor about the severity INTEREST ON LAWYER TRUST ACCOUNTS munity banks to other institutions, of losing even just one nuclear weapon. Mr. MERKLEY. Madam President, I imperiling these community banks. I have told the story about a CIA agent rise to discuss and ask unanimous con- I wish to address the other side of code-named Dragonfire who reported 1 sent for consideration of H.R. 6398. I this issue, which is the important work month after 9/11 that a 10-kiloton nu- will get to the unanimous consent lan- these funds do in all 50 States. I will clear weapon had been stolen from Rus- guage in a moment, but right now I speak specifically to the State of Or- sia and that nuclear weapon had been want to describe what this is about. egon, but there are parallels because smuggled into New York City and was Then I wish to yield to my colleague all 50 States participate with these ac- to be detonated. There was an apoplec- from Georgia to add a little bit of the counts. tic seizure in this town about it be- impact of this issue. In Oregon, we have, first, the associa- cause no one knew what to do about it. The issue is this: In all 50 States in tion of Oregon Legal Services Program, They did not even notify the mayor of America, lawyers have to put clients’ its primary source of civil legal assist- New York. They discovered a month later that funds into trust accounts. Under the ance available to low-income Orego- was probably not a credible piece of in- law, they are not allowed to earn inter- nians. To give a sense, if a woman is formation. But as they did the diag- est on these accounts. Over time, an having a big challenge with domestic nosis of it, they discovered it is plau- arrangement has been worked out violence, she can get legal aid through sible someone could have acquired a 10- whereby the banks pay interest, but it this type of assistance. If a family is kiloton nuclear weapon from Russia, it does not go to the clients; it goes to trying to struggle with a mistake on a was plausible; if they had done that, fund civil legal services for those who foreclosure process so they can save they could have smuggled it into an cannot afford those services. their home, they can get assistance American city and if terrorists did that This arrangement is in great jeop- through this program. They have 20 of- they could have detonated it. Then we ardy if we do not pass this bill today. I fices throughout the State of Oregon to are not talking about 3,000 deaths, we will expand on that jeopardy in a mo- serve Oregonians living in poverty. are talking about 100,000, 200,000 ment, but at this point I simply am Second is the Juvenile Rights deaths. going to yield to my colleague from Project. This provides legal services to The work we have done in so many Georgia. children and families through indi- areas, the work in this administration, The PRESIDING OFFICER. The Sen- vidual representation in juvenile court let me say, to secure loose nuclear ma- ator from Georgia. and school proceedings to help children terials, circumstances where pluto- Mr. ISAKSON. Madam President, I who are in extraordinarily difficult cir- nium or highly enriched uranium in thank the Senator from Oregon. This is cumstances. the size of a liter or, in one case, in the very important work, and we are in our A third is Disability Rights Oregon, size of a small can of soda, enough to late hour. Sometimes we do our best in the Oregon Advocacy Center, which as- kill tens and tens of thousands of peo- the late hour. sists those who are disabled, who are ple with a nuclear weapon—this is seri- The unintended consequence of the victims of abuse or neglect, or have dif- ous business. At a time when we debate Dodd-Frank legislation with regard to ficulty acquiring health care or need to a lot of issues—serious and not so seri- IOLTA is it not being extended and we exercise their rights in regard to spe- ous—this is serious business. are going to literally have thousands of cial education. They can turn to the I think the work that has been done escrow accounts held by law firms and Oregon Advocacy Center-Disability by the chairman and ranking member attorneys, real estate transactions, dis- Rights of Oregon for help. in recent days—I watched a lot of this pute resolution transactions, and bene- In addition, these funds pay for legal- and watched it over this year—is ex- ficial programs that will have to be oriented education for our K–12 stu- traordinary work. But so too is the spread among many more banks be- dents. Let me give an example of three work by this President, by the nego- cause the insurance level, which is now programs in Oregon. These programs tiators. My colleague described the limited, drops to $250,000. It would assist 15,000 students in our State. folks at the State Department who had force the transfer of escrow account One is the High School Mock Trial a significant role as well. money out of any number of banks. At Competition. This type of mock trial

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23454 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 competition is an enormous learning Mr. MERKLEY. Madam President, I verify. We will make sure we can fight, exercise for our students in how our wish to thank the Chair and my col- if necessary, but we will also make courts function and how the facts of a league from Georgia who understood sure we are accountable. And most im- case are presented and how the prin- and presented so effectively the impact portant of all, with regard to the big- ciples of law are applied. on our community banks that are gest threats we face—terrorism and Then we have the summer institute working hard to get funds out to our loose nuclear materials falling into the training for teachers so that social Main Street businesses so we can cre- hands of a rogue nation—we will be a studies teachers can learn more about ate jobs and put our economy back on safer country because of this, and I the role of law and be more effective in track. thank the chairman and ranking mem- conveying that vision to our students. The PRESIDING OFFICER. The Sen- ber because of it. Then I also want to mention the We ator from Georgia. I thank the chairman for his time, The People Program on the Constitu- Mr. ISAKSON. Madam President, I and I yield back. tion and Bill of Rights. Here in this commend the Senator from Oregon and The PRESIDING OFFICER. The Sen- Chamber, we discuss the Constitution thank him for his help on this impor- ator from Illinois. and the Bill of Rights virtually on a tant issue for people all over the Mr. KIRK. Madam President, I rise to daily basis. Virtually every day on this United States, not just in Oregon and oppose the START treaty because it floor, we discuss how these founding Georgia but around the country. This recognizes limits on U.S. missile de- documents affect how our laws are ap- is a great effort, and I commend him on fenses in return for marginal reduc- plied and how freedoms are protected it. tions in the Russian arsenal. At the in the United States of America. This f moment when the U.S. and allies must program helps our children learn those build missile defenses to protect fundamental principles. Sort of the TREATY WITH RUSSIA ON MEAS- against Iran, this treaty generates heart and spirit of the American demo- URES FOR FURTHER REDUCTION Russian pressure for America to go cratic world are conveyed through this AND LIMITATION OF STRATEGIC slow or risk Russia’s departure from We The People Program. OFFENSIVE ARMS—Continued I also wish to commend a whole host the agreement. Mr. ISAKSON. Madam President, I of banks in Oregon that have agreed If you take the President’s Senate not only to pay interest on these law- wish to take an additional minute, if I missile defense letter at face value, yer trust accounts—and IOLTA stands might—the chairman of the Foreign then America would deploy defenses for interest on lawyer trust accounts— Relations Committee is on the floor— that will trigger a Russian treaty exit. but to pay 1 percent, which is above to say, in addition to my statement I I am concerned that to prevent a Rus- the going rate on most types of trans- made 2 days ago in a speech on the sian treaty withdrawal, the United action accounts. They do that because floor with regard to the START treaty, States will move slower on building de- they benefit from the deposits, and that I wish to thank the chairman and fenses against Iran just when we need they know their communities benefit the ranking member of the Foreign Re- to move faster. from these services and these pro- lations Committee for the accommo- The most important duty of the Fed- grams. dating process from day one in April eral Government is to defend Ameri- This legislation will resolve a prob- until today, where the treaty will ulti- cans against foreign attack, and the lem in which lawyers, applying their fi- mately pass on the floor of the Senate. most important mission under that duciary responsibilities, would have Legislation is about improving ideas duty is to protect American families had to withdraw their funds from these and making sure the interest of the from the most dangerous nations that accounts and put them in other non-in- American people and the United States could carry out such an attack. terest-bearing accounts, to no benefit of America is protected. Through the In the mid-20th century, we agreed to anyone and to a great deal of harm work of Senators LUGAR and KERRY, we that the Soviet Union represented a to so many. have been able to craft amendments to clear and present danger to America. f the resolution of ratification on the Our Cold War Presidents—Truman START treaty that ensure missile de- through Clinton, Republicans and INTEREST ON LAWYERS TRUST fense and modernization—the two con- Democrats—backed policies of a strong ACCOUNTS tentious points on this legislation defense, with alliances with our friends Mr. MERKLEY. Madam President, I which came from the committee—are and diplomacy with the Soviets. But ask unanimous consent, as if in legisla- not only taken care of, but they are much has changed since the 20th cen- tive session and as if in morning busi- buttoned down and they are clear. And tury ended over a decade ago. While ness, that the Senate proceed to the I thank the chairman and the ranking the Russians still have an impressive immediate consideration of H.R. 6398, member for their willingness to do so. arsenal, they are shadows of their which was received from the House and I want to let everyone who is listen- former shadow, dropping from 290 mil- is at the desk. ing and those who will read the reports lion people to 140 million people and The PRESIDING OFFICER. The of this debate know that this has been from a gross domestic product of $2.6 clerk will report the bill by title. a 7-month process, not a 9-day process, trillion in 1990 to $2.1 trillion in 2010. The assistant legislative clerk read and it has been a detailed process. It The nuclear national security threat as follows: has been the work of the will of the for the new 21st century moved beyond A bill (H.R. 6398) to require the Federal De- posit Insurance Corporation to fully insure people of the United States of America, Russia to include Iran and North Interest on Lawyers Trust Accounts. and the U.S. Senate has worked its Korea, soon to be armed with nuclear There being no objection, the Senate will. When it is ratified today, it will weapons and missiles to deliver them. proceeded to consider the bill. be a step forward in the future for my While the Russians are heavily Mr. MERKLEY. Madam President, I children and grandchildren. armed, they present a relatively stable ask unanimous consent that the bill be During my campaign when I ran for face to the outside world. They have read three times and passed, the mo- reelection this year, I made the fol- the capability to attack, but they cur- tion to reconsider be laid upon the lowing statement: The rest of my life is rently lack the intent. On any given table, with no intervening action or de- about doing everything I can do to see year, their leaders appear adverse to bate, and any statements related to the to it that the lives of my children and risk and unready to commit national bill be printed in the RECORD. grandchildren are safer, more secure, suicide. The same cannot be said for The PRESIDING OFFICER. Without and as affluent as my life has been be- Iran, North Korea, and other nations objection, it is so ordered. cause of my parents and grandparents. that present a far less rational face to The bill (H.R. 6398) was ordered to a Today, in this ratification, we are en- the international community. Looking third reading, was read the third time, suring that we will be strong in our at such potentially irresponsible lead- and passed. strength, we will trust but we will ers, it is incumbent on us to go beyond

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23455 idealistic diplomacy and mount a de- powers, such as Iran or North Korea. attack by Iran against the United fense against an attack which may be Given the actions of Iranian and North States. They answered yes. leveled against our people or our allies. Korean leaders, I would argue these We checked if any one of the new The lives of millions and the cause of countries represent the more impor- ‘‘Phased-Adaptive’’ stages could stop a freedom depend on our assessment of tant danger to the future of the United similar intercontinental attack by Iran this threat and how we respond. States and our allies in this new cen- against the U.S. They answered Phase I Recall that nuclear technology rep- tury. could not, Phase II could not, and resents the science of the 1930s, missile In the 20th century, the argument Phase III could not. technology from the 1960s. Since the about the defense of the Nation against In fact the only phase that could en- laws of physics cannot be classified, an attack by missiles took on a divided gage a missile launched by Iran against countries bad and good will all one day and partisan tone. President Reagan the U.S. was not until Phase IV by the have the means to develop powerful ar- proposed ‘‘missile defense,’’ while con- IIB missile that did not yet exist that senals based on the last century’s gressional Democrats opposed ‘‘Star would be deployed far later than the science. It is the sacred mission of the Wars.’’ original GBIs proposed. democracies to understand this change, Much of the disagreement ended in The problem goes deeper. I asked the to measure its danger, and to eliminate the late 1980s and 1990s when Iraq at- MDA to compare the capabilities of the an attack should one of these smaller, tacked Iran and then Israel with mis- originally proposed two-stage GBIs to less rational countries attack. siles. hit an Iranian missile against the fu- In such an environment, an agree- Over time, careful observers noted ture final Phase IV SM–3 JIB. The ment to limit the nuclear arms of the that missile defense was important not MDA replied with this graph. It shows United States and Russia is helpful but just to the health of Israel but to its that the original, longer range GBIs does not concern the new danger survival. would have a full 4-minute window to emerging against the people of the When Russia attacked Georgia, it hit and destroy an incoming Iranian West. If we can lower nuclear arms to used a great number of missiles to de- missile bound for New York City. The levels where we still maintain a dev- liver blows against that little country. SM–3 IIB, which has a shorter range, astating counterpunch against a ra- As this century winds on, more coun- would have only 3 minutes. In short, tional opponent who is uninterested in tries will see these realities of the 21st the administration’s new proposed mis- national suicide, then a nuclear war century, eventually including the sile has 25 percent less time to defeat with that country remains unlikely United States. an incoming Iranian attack than the and the cost of our armaments is re- The administration’s unsteady mis- originally proposed missile. No wonder duced. If that agreement also causes us sile defense plans also concern me. I our Polish allies supported the original not to build defenses against an irra- am concerned about the missile defense plan. tional opponent who may attack any- actions taken by the current adminis- I worry that some of these changes way, then we have committed a griev- tration. When it took office, it can- were made to curry favor with the Rus- ous national error. celled plans to enhance the missile de- sians. I am concerned that the pre- I initially favored the goals of the fenses of the United States itself that amble to the START treaty would be START treaty. The treaty is an echo were based in Alaska and California. used to reduce or block the efforts of from the 20th century and had a mar- To the great embarrassment of our al- the Congress to upgrade the defenses of ginal utility in improving the defense lies in the Czech Republic and Poland, the United States. In short, I am wor- of the United States. Unfortunately, it cancelled plans to deploy radars and ried that while this treaty reduces the the negotiations to produce this treaty two-stage ground-based interceptors smaller threat of attack by Russia, it took a turn that was not well perceived (GBIs). I would note that history has creates a Russian block for plans to by the press or public. The Russians been unkind to Western leaders that eliminate the larger threat from Iran. used these negotiations intended to im- abandon Poland. The Russians clearly stated that if we prove the defense of the United States The administration also began an ef- mount defenses that could defeat their as a means to preserve their ability to fort to cancel funding for the ‘‘Arrow attack, they would pull out of the trea- attack. III’’ interceptor being jointly developed ty. The problem is that to eliminate Surprisingly, American negotiators with Israel. Thanks to the late Chair- the threat from Iran and North Korea, formalized a link in the protocol be- man of the House Defense Appropria- we will have to do so. In this case, tween limiting defenses against missile tions Committee, Jack Murtha, the ef- what is the value of the treaty? It attack and maintaining forces to carry fort to kill Arrow III was reversed and clearly helps the Russians but if it out such a strike. Perversely, this full-funding came to the Arrow III pro- blocks or delays our effort to protect agreement now stands for two prin- gram despite the President’s early against Iran, does it help us? I am also ciples: No. 1, the United States and wishes. concerned with other aspects of this Russia should reduce their nuclear Once the negative reaction of our treaty, like an end to full-time compli- arms, on which we all agree, and No. 2, hurt Polish allies was known, the ad- ance monitoring inside Russia. the United States should recognize ministration responded with a four- There are also details of the treaty policies to maintain the viability of a part plan to calm Europe using sys- itself that concern me. Under previous Russian attack. This second principle tems inferior to the GBI anti-missiles treaties, the United States had a full- turns the purpose of the treaty on its originally proposed by the last admin- time monitoring presence in Votkinsk. head. It weakens the future defense of istration and current Secretary of de- This was eliminated. We will no longer our Nation. The treaty would support a fense. The inartfully coined European have full-time monitors in Russia. policy that we must not improve our ‘‘Phased-Adaptive’’ approach involved Also, an end to telemetry from new defenses to such a degree as to defeat a anti-aircraft systems patched together Russian missiles. Under previous trea- Russian attack. in a rather ad hoc fashion. We now plan ties, the United States and Russia Much of this has had little impact on to begin by sailing U.S. Navy Aegis shared all the information transmitted actual defense plans regarding Russia. cruisers near European coasts followed by their test missiles in flight, called Russia presents a relatively stable, sta- by a decade and the possible deploy- telemetry. While our spy satellites, tus quo face to the international com- ment of a to-be-built Navy missile in- planes and ships can gather some of munity. It also maintains a nuclear terceptor that does not yet exist, this information, there is nothing like force which would quickly overwhelm called the ‘‘Standard Missile 3, block getting it straight from the missile’s any planned system of defense. But a IIA’’. mouth. Telemetry is key to under- policy of limiting missile defense has a I contacted our Missile Defense Agen- standing the capability of a new mis- tremendous impact on our ability to cy and asked if the originally planned sile, especially its maneuvers to drop thwart an attack from less responsible GBIs for Poland could have stopped an off one or more nuclear warheads.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23456 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 Under this new treaty, this data was the Russians insisted on exempting Remember that the warning informa- lost. The Russians will not provide te- such deliveries from the new U.N. sanc- tion from NATO is critical to the de- lemetry from their new missiles under tions against Iran. Russian equipment fense of the United States. If the Rus- this treaty. Their only obligation is to will likely be used to defend Iran’s nu- sians managed to spoof or block crit- share telemetry from five missile clear sites, the very programs we are ical NATO missile warning data, then flights a year and they will likely pick most worried about that violate Iran’s U.S. commanders defending our home- old missiles to do this. commitment to the U.N. Nuclear Non- land would become weaker, not strong- We are told we lost the capability to Proliferation Treaty. er due to Russian presence in NATO collect the telemetry of new Russian What is most surprising is the ac- missile defense centers. missiles because while the Russians are tions of the Russians since the negotia- Recall that missile combat is the ul- developing many new models, we are tion of this treaty. They know we, the timate ‘‘come as you are’’ affair. In a not. Given that telemetry would report Europeans and Israelis are most wor- struggle between continents, the battle mainly on new Russian developments ried about the nuclear program of Iran. will be joined within 30 minutes. When and not American, our negotiators Despite these well-publicized concerns submarine or medium-range missiles gave up. and numerous U.N. resolutions against are employed, battle can start in as lit- They should not have given up. The the Iranian nuclear program, the Rus- tle as 10 minutes. If we have Russians collection of telemetry from new Rus- sians chose this year and this country in the system who found American sian missiles had long been enshrined to provide nuclear fuel to the Iranian weaknesses or deployed problems, U.S. in arms control treaties. This prece- reactor at Bushehr. As that Russian re- commanders will have only minutes to dent was well established and should actor begins operation, plutonium pro- diagnose and fix those problems before have been continued. duction will begin inside Iran. While the gravest consequences befall our There are inspections, but only 18 per the Russians promise that the Iranians people and allies. year. We are told that the new treaty will not be able to use this plutonium The next Congress will favor missile will offer the unprecedented inspection in Iranian bombs, can we be assured defense programs to a far greater de- of actual missile warheads. This is that these promises will be honored? gree than this one. I plan to encourage true. Under the old treaties, we simply Would not it have been better to never this body and especially the House counted the number of missiles the begin plutonium production in Iran at with legislation to deny funding for Russians had using our spy satellites all? any effort to bring Russians into the I am also concerned about new ideas and assumed each missile was packed missile defenses of NATO or the United coming from the administration on with as many warheads as the missile’s States. missile defense and the Russians. Long flight tests and telemetry showed. I respect the opinions of Senators on ago, President Clinton proposed U.S- Now we will get to inspect actual both sides of this question. It is my Russian cooperation in space. That co- missiles—but only 18 per year. The judgment that safety of the American operation led to a dependence so that Russians have hundreds. At the rate people is better off if we work to elimi- soon, the U.S. will lack any way to the treaty allows, the full inspection of nate the new dangers of the 21st cen- launch astronauts. We cannot send our the Russian arsenal of 800 launchers tury rather than focus on the old own astronauts to our own space sta- would take over 40 years. agreements of the 20th century. In my tion without the permission of the Rus- I asked administration officials how view, the growing dangers of Iran and sians. many hours notice the Russians would In discussions regarding this treaty, I North Korea threaten the American have before Americans conducted an learned that the administration is now people most. Therefore, the missile de- actual warhead inspection. In all cases, planning to bring the Russians inside fense programs of the United States they would have 24 hours or more no- the missile defenses of NATO. Russia is and our allies take precedence over an tice that the Americans were coming. the very nation that used missiles to agreement whose protocol limits our After extensive briefings on Russian attack Georgia—a country applying for defenses by acknowledging the need to cheating against previous arms control membership in NATO. I am sure the preserve the ability of Russia to attack treaties—most flagrantly the treaty Georgians would be uncomfortable at the United States. banning biological weapons—it should best seeing Russians manage the mis- While most of us were born in the give you pause that the United States sile defense of their little nation. 20th century and we loved black and gave up collecting telemetry on the The U.S. offer to bring the Russians white TV, the ‘‘Ed Sullivan Show’’ and flight of every Russian missile in re- into NATO’s missile defenses was em- the ‘‘Honeymooners,’’ we recognize turn for the inspection of 10 missiles bodied in an offer at the recent NATO that time has passed and we must per year and that only after a full day’s conference in Lisbon. Nearly all Ameri- adapt to the new world of the Internet, notice. cans are fully aware of Russian spying Ipad and Ichat. The 20th century doc- We are also told that this treaty is against the United States military for trine of nuclear Mutually Assured De- needed to improve Russian inter- the last 70 years. We know that Russia struction against the Soviet Union is national behavior. In my view, a treaty has one of the most active cyber-at- part of our past and not part of a fu- should only be signed to reward good tack networks on the planet operating ture involving Taepo Dong II missiles behavior, not to encourage it later. against U.S. networks. It would seem from North Korea and Shahab III mis- I was most inclined to support the in- that a proposal to bring the Russians siles from Iran. tent of this treaty to improve relations into the missile defense system of I would urge the administration to between the United States and Russia NATO would introduce powerful new devote the time and attention of our on the subject of collapsing the Iranian opportunities for espionage against us, able diplomats to ending the Iranian regime and its nuclear weapons pro- as well as a greater understanding of nuclear program rather than this gram. Undoubtedly, the administration our defense capabilities and weak- agreement that, while laudable in its earned good marks in getting the Rus- nesses. very modest goals, went awry at the sians to cancel the delivery of one key Imagine a Russian officer in a NATO negotiating table. piece of air defense equipment—an missile defense center. He will soon Mr. President, I yield the floor. anti-aircraft missile battery called the learn when our system is alerted, how Mr. LEVIN. Madam President, on S–300—to Iran. This was an unqualified it processes information, what our re- April 8, 2009, President Obama and success. sponse times are and the estimated ac- President Medvedev concluded negotia- Unfortunately, there are many more curacy of our interceptors. These are tions, which had begun under President failures where the press paid little the things he would learn during his Bush, and signed the New START trea- note. We believe the Russians are still first week inside our operations center. ty. This new treaty is a key part of the delivering other pieces of air defense We can only imagine what else he reset of the U.S.-Russian relationship. equipment to the Iranians. That is why would learn over the coming years. Even though the Cold War ended 20

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23457 years ago, this relationship has been the obligation and the duty of this clear weapons. While getting an agree- unclear; Russia is not an adversary but Congress to take up this treaty. ment to limit tactical nuclear weapons neither is it an ally. There have been When President Obama submitted will be very difficult, without ratifica- divides and disagreements even though the START treaty to the Senate for tion of the New START treaty, it will we share many common goals and in- consideration he made six key points. be impossible. terests. President Obama is rightly in- The treaty will enhance the national Because this treaty does not require tent on moving the relationship in a security of the United States. any significant reductions in either more positive direction. Ratification of The treaty mandates mutual reduc- U.S. nuclear weapons or delivery sys- the New START treaty is an important tions and limitations on the world’s tems, it is a fairly modest treaty. part of this process. two largest nuclear arsenals. The so-called Moscow Treaty, which On May 13 of this year, President The treaty will promote trans- was signed in 2002 by President George Obama submitted the New START parency and predictability in the fu- W. Bush and Russian President Boris treaty to the Senate. In carrying out ture strategic relationships of Russia Yeltsin, limited both Russia and the its responsibility the Senate Foreign and the United States. United States to a range of operation- Relations Committee, the Senate The treaty will enable each party to ally deployed nuclear warheads by the Armed Service Committee and the Sen- the treaty to verify that the other year 2012. Under the Moscow Treaty, ate Select Committee on Intelligence party is complying with its obligations each side could have between 1700 and held a total of 20 hearings and 4 brief- through a regime of onsite inspections, 2200 total operationally deployed nu- ings. Seven hearings and three brief- notifications, comprehensive and con- clear weapons. Russia has already met ings were held by the Armed Services tinuing data exchanges, and provisions this goal and the United States is very Committee. Even before the new treaty for unimpeded use of national tech- close. Under the START treaty, each was submitted to the Senate, the De- nical means. side will have no more than 1550 de- partment of State provided the Senate The treaty includes detailed proce- ployed nuclear weapons, a reduction of National Security Working Group mul- dures for elimination or conversion of just 150 weapons below the Moscow tiple briefings on the status of and treaty accountable items, and Treaty. The START treaty does not issues discussed during negotiations. The treaty provides for the exchange limit the number of nondeployed nu- It is now time for the Senate to pro- of certain telemetric information on clear weapons, an issue of importance vide its consent to ratification. As Ad- ballistic missile launches. to the Commander of the U.S. Stra- miral Mullen, the Chairman of the Equally important to this discussion tegic Command, GEN. Kevin Chilton. Joint Chiefs of Staff, said about the is what the START treaty does not The limits in this treaty were agreed START treaty on December 12, ‘‘this is cover. to after careful analysis by U.S. mili- a national security issue of great sig- It does not limit U.S. missile defense tary leadership, particularly GEN nificance and the sooner we get it done plans and programs. Kevin Chilton, the Commander of the the better.’’ The Director of National It does not limit U.S. conventional U.S. Strategic Command and the man Intelligence is also eager to get this prompt global strike programs. responsible for these strategic systems. treaty finished and restore the insight It does not provide authority within At a hearing before the Armed Serv- into Russian nuclear forces that this the treaty to modify the terms and ices Committee on July 20, 2010, GEN treaty will provide and that is so im- conditions of the treaty without the Chilton stated that the force levels in portant for the intelligence commu- advice and consent of the Senate. the treaty meet the current guidance nity. Director Clapper said, ‘‘the soon- It does not constrain in any way the for deterrence for the United States. er, the better. From an intelligence ability of the United States to mod- That guidance was laid out by Presi- perspective, we are better off with the ernize the nuclear weapons complex, dent George W. Bush Treaty than without it.’’ Retired Gen- modernize, maintain, or replace stra- The options we provided in this process fo- eral Brent Scowcroft, the National Se- tegic delivery systems, or the ability cused on ensuring America’s ability to con- curity Adviser for both Presidents Ger- to ensure that the stockpile of U.S. nu- tinue to deter potential adversaries, assure ald Ford and George H.W. Bush, and a clear weapons remains safe, secure, and our allies, and sustain strategic stability for reliable. as long as nuclear weapons exist. This rig- supporter of the Treaty, said, ‘‘to play orous approach, rooted in deterrence strat- politics with what is the fundamental It also does not cover nonstrategic egy and assessment of potential adversary national interest is pretty scary stuff.’’ nuclear weapons—often referred to as capabilities, supports both the agreed-upon Some have suggested that this new tactical nuclear weapons. The START limits in New START and recommendations treaty should not be taken up in this treaty covers, as have all previous nu- in the Nuclear Posture Review (NPR). lameduck session of the 111th Congress. clear arms reduction treaties, strategic The strategic deployed forces allowed I couldn’t disagree more. Almost as offensive nuclear arms. Dealing with under the treaty will ensure the reten- soon as this session of Congress began, tactical nuclear weapons is certainly tion of the nuclear triad—all three de- the President announced his intent to an area of arms control that needs to livery legs of the triad, bombers, complete negotiations on the new stra- be addressed but has proved elusive to SLBMs, and ICBMs. On that point GEN tegic arms agreement to replace the previous administrations, Democratic Chilton was very clear, saying ‘‘We will START I treaty. Various Senate com- and Republican. It remains to be ad- retain a triad of strategic nuclear de- mittees of this Congress and the Sen- dressed. livery systems.’’ ate National Security Working Group The START III treaty was to have Secretary of Defense Gates has also of this Congress were briefed on numer- covered these weapons but when the been very clear that the nuclear triad ous occasions by the negotiating team START II treaty, which was signed by will be maintained. In an op-ed in May on the new treaty. This Congress got President George H.W. Bush and Rus- in the Wall Street Journal, Secretary the updates on the progress and the sian President Boris Yeltsin in 1993, Gates said the New START treaty issues and this Congress provided guid- was not ratified, any hope of address- ‘‘preserves the U.S. nuclear arsenal as ance along the way. The committees of ing tactical nuclear weapons in a a vital pillar of our nation’s and our al- this Congress held 20 hearings and START III treaty died along with the lies’ security posture. Under this trea- briefings on this new treaty. This Con- START II treaty. 17 years later Presi- ty the U.S. will maintain our powerful gress hosted several all-Member brief- dent Obama is trying to get nuclear nuclear triad . . . and we retain the ings including one such session with arms reductions back on track, by re- ability to change our force mix as we the Director of National Intelligence, suming discussions with Russia and see fit.’’ James Clapper, to get his views on the signing the START treaty. Hopefully, Some have said that the United importance of the treaty. The next entry into force of this START treaty States will have to make significant Congress will not have the benefit of will allow the United States and Russia reductions to reach the force levels all that work and insight. It is in fact to discuss an agreement on tactical nu- under the treaty and that the Russians

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23458 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 will have to make no reductions. Ac- of great importance to General implement START’s complex inspection and cording to GEN Chilton this argument Chilton, the Commander of the U.S. verification regime. is a distraction. At an Armed Services Strategic Command. The old START I treaty was a com- Committee hearing GEN Chilton com- For example the United States cur- plicated and complex treaty, many of mented on the lower level of Russian rently has 76 B–52 bombers and 18 B–2 the lessons learned from the inspec- forces and said: bombers, a total of 94 nuclear capable tions during the course of that treaty New START limits the number of Russian bombers. Under the current plan for have been incorporated into the new ballistic missile warheads that can target implementing the treaty there will be treaty. There were issues on both sides. the United States, missiles that pose the up to 60 nuclear capable bombers. The According to the 2010 Treaty Compli- most prompt threat to our forces and our na- remaining 34 can be converted to con- ance Report: tion. Regardless of whether Russia would ventional only capability and will no The United States stated on several occa- have kept its missile force levels within sions to our Treaty partners that the United those limits without a New START Treaty, longer count under the treaty. They do not have to be destroyed. I think this States was compliant with the Treaty; how- upon ratification they would now be required ever as might be expected under a to do so. fact is often misunderstood and there verification regime as complex as START, While the START treaty will also not may be an impression that the 34 the United States and Russia developed a dif- require significant reductions in the bombers will have to be destroyed ference of views with regard to how the sides number of U.S. strategic delivery sys- under the treaty. That is not the case. implemented certain Treaty requirements. tems, there will be some reductions but This past May, Secretary of Defense This is not the same as cheating. not for 7 years. More importantly the Gates wrote an op-ed in the Wall Street Our senior military leaders believe START treaty will provide certainty Journal. Drawing on his long history the new treaty can be monitored and for both Russia and the United States and involvement with strategic arms verified and that if Russia did cheat as to the size of the deployed nuclear control agreements, which dates back there is high confidence that any force of the other. This is particularly to 1970, Secretary Gates said that the cheating could be detected before such important to the United States because question is always the same for each cheating rose to a level of military sig- Russia is now below the proposed deliv- treaty: ‘‘Is the United States better off nificance. General Chilton said during ery system limits of the START trea- with an agreement or without it?’’ testimony before the Armed Services ty, but has plans to build the number With respect to the START Treaty Committee, ‘‘New START will reestab- of strategic delivery systems. It is very Secretary Gates’ answer to the ques- lish a strategic nuclear arms control much in the interest of the United tion is unequivocal: ‘‘The United verification regime that provides ac- States to have a cap on that build-up. States is far better off with this Treaty cess to Russian nuclear forces and a An unrestrained build up would quick- than without it.’’ measure of predictability in Russian ly bring back the ghosts and burden- That is also the issue now before the force deployments over the life of the some costs of the Cold War. Senate. Is the United States better off treaty.’’ Under this new treaty, Russia and with this START treaty? The 20 hear- In a discussion on the ability to de- the United States will each have a ings and 4 briefings have clearly dem- tect cheating I asked General Chilton, total of 800 deployed and nondeployed onstrated that it is. ‘‘In other words, the verification provi- ICBM launchers, SLBM launchers, and In that same op-ed, Secretary Gates sions give you confidence that Russia heavy bombers equipped for nuclear ar- emphasized the current state of affairs cannot achieve a militarily significant maments, and 700 deployed ICBMs, de- that has existed since the end of De- advantage undetected?’’ General ployed SLBMs and deployed heavy cember 2009 when the START I treaty Chilton said: ‘‘Yes, that’s correct.’’ bombers equipped for nuclear arma- expired. Since that time, there has Assistant Secretary of State Rose ments. The treaty does not limit non- been no verification and inspection re- Gottemoeller, in her July testimony deployed nuclear warheads, non- gime, no visibility into the Russian before the Armed Services Committee, deployed ICBMs, nondeployed SLBMs, strategic programs, and no limits on made it clear that any cheating could or heavy bombers that are not delivery vehicles. As the Secretary be detected before it became militarily equipped for nuclear armaments. This said: significant. She also believes that the is particularly important for the B–1B Since the expiration of the old START United States is well positioned to bomber fleet, as those airframes have Treaty in December 2009, the U.S. has had deter cheating as well. In that regard not been in nuclear service for many none of these safeguards. The new treaty will she said: years and will not be counted under the put them back in place, strengthen many of Deterrence of cheating is a key part of the START treaty when simple modifica- them, and create a verification regime that assessment of verifiability, and is strongest will provide for greater transparency and when the probability of detecting significant tions are completed. predictability between our two countries, to violations is high, the benefits to cheating This START treaty brings a practical include substantial visibility into the devel- are low, and the potential costs are high. We approach to strategic systems and opment of Russian nuclear forces. assess that this is the case for Russia cheat- counts real delivery systems and real This rigorous inspection and ing under the New START Treaty. warheads. Over the years, the old verification regime, which when cou- One of the areas on which we have START I treaty had resulted in exag- pled with our national technical had substantial discussion is missile gerated nuclear force numbers. For in- means, will allow this treaty to be defense. The U.S. missile defense pro- stance, under the old START I treaty, monitored and verified. Nevertheless gram isn’t covered or limited by the the four Ohio class submarines that there has been an argument made that New START treaty. It—the missile de- have been converted to conventional Russia cheated on the START I treaty fense program—has nevertheless be- use, were still counted as 96 deployed and therefore we shouldn’t ratify the come a major focus of the debate on SLBMs and 768 deployed nuclear war- new treaty. According to the State De- the treaty. Our missile defense pro- heads. These exaggerated force struc- partment that is simply not the case. grams and policies are based on devel- ture levels have led to uncertainties for In testimony before the Armed Serv- oping and fielding the missile defense military planners and increased costs ices Committee in July, Assistant Sec- capabilities we need to meet the mis- for the United States. Under this trea- retary of State Rose Gottemoeller said, sile threats we face, not on any of ty they will not be counted. regarding the State Department’s 2010 these treaty matters. The New START One of the additional benefits of this Treaty Compliance Report: treaty does not limit the missile de- START treaty is that the treaty pro- fense capabilities we need. vides a clear mechanism to remove sys- I want to point out that Russia was in compliance with START’s central limits Secretary of Defense Gates, in testi- tems from being counted under the during the Treaty’s life span. Moreover, the mony before the Armed Services Com- treaty. The ability to clearly and eas- majority of compliance issues raised under mittee on June 17, said: ily remove systems, such as heavy START were satisfactorily resolved. Most re- The Treaty will not constrain the United bombers from under the treaty, is also flected differing interpretations on how to States from deploying the most effective

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23459 missile defenses possible, nor impose addi- fense capabilities in a timely manner computational capabilities to enable tional costs or barriers on those defenses. I against existing or emerging Iranian the annual certification process for the remain confident in the U.S. missile defense missile threats. Those are the missile nuclear weapons. This program has program, which has made considerable ad- threats faced by our military per- been very successful. Beginning in 2005, vancements, including the testing and devel- opment of the SM–3 missile, which we will sonnel, allies, and partners in Europe. however, support for the program deploy in Europe. As the Secretary of Defense and nu- started to wane and the budgets for nu- merous other officials have made clear, clear activities started to go down. Secretary of State Clinton, in testi- the treaty does not limit our missile Without enough money the weapons mony before the Armed Services Com- defense plans or programs. The Armed complex was forced to have layoffs at mittee on June 17 said: Services Committee also knows that, the nuclear weapons laboratories and This Treaty does not constrain our missile and our authorization bill stated that the production facilities, to defer defense efforts. I want to underscore this be- maintenance on many important build- cause I know there have been a lot of con- fact. Section 221(b)(8) of the Ike Skel- cerns about it and I anticipate a lot of ques- ton national Defense authorization bill ings and facilities, to delay key acqui- tions. for fiscal year 2011 that we passed this sitions, and to delay design and con- During that same hearing Secretary morning in the Senate states, ‘‘there struction of the last two major new Clinton went on to say: are no constraints contained in the production facilities. President Obama, New START Treaty on the develop- in his fiscal year 2011 budget request The Treaty’s preamble does include lan- guage acknowledging the relationship be- ment or deployment of effective mis- and in the plans for the future years, tween strategic offensive and defensive sile defenses, including all phases of has turned this situation around by forces, but that’s simply a statement of fact. the Phased Adaptive Approach to mis- providing $4.1 billion more over the It too does not in any way constrain our mis- sile defense in Europe and further en- next five years than previously sile defense programs. hancements to the Ground-based Mid- planned. This level of funding is un- In a July 20 hearing before the Armed course Defense system, as well as fu- precedented since the end of the Cold Services Committee, GEN Kevin ture missile defenses.’’ War. Chilton, the Commander of the U.S. To be very clear there is one provi- President Obama laid out his funding Strategic Command said: sion in the treaty that prohibits each plan for the nuclear enterprise in the As the combatant command(er) also re- side from using ICBM silos or SLBM November Section 1251 report, a report sponsible for synchronizing global missile launchers for missile defense intercep- that would provide an additional $1.2 defense plans, operations, and advocacy, I tors, and vice versa. But using these billion over 2 years, a 15 percent in- can say with confidence that this treaty does silos and launchers are not in our mis- crease and a total of $41.6 billion for not constrain any current or future missile sile defense plan and should not be in fiscal years 2012–2016 for the National defense plans. our plan because it would be very much Nuclear Security Administration. Assistant Secretary of State, Rose against our interest to use strategic With these amounts has the adminis- Gottemoeller, the lead negotiator of missile interceptor silos for ballistic tration committed enough to mod- the Treaty, in testimony before the defense purposes. It would be more ex- ernization and sustainment of the com- Senate Foreign Relations hearing on pensive than building new silos, the plex and the life extension programs June 10, said: strategic missile silos aren’t in the for the nuclear stockpile? The directors The Treaty does not constrain our current right locations to defend against mis- of three nuclear weapons laboratories or planned missile defense and, in fact, con- siles from North Korea, and most im- all say yes. In a joint December 1, 2010, tains no meaningful restrictions on missile portantly, it would be destabilizing to letter to Senators KERRY and LUGAR, defenses of any kind. launch ballistic missile interceptors the three Directors of the nuclear Later, on July 29, in testimony be- from ICBM silos or SLBM launchers. weapons laboratories said that the fore the Armed Services Committee, Lieutenant General O’Reilly, the Di- finding level proposed in the section Assistant Secretary Gottemoeller said: rector of the Missile Defense Agency, 1251 report ‘‘ would enable the labora- There were no—and I repeat—no secret has made clear, we don’t want, need, or tories to execute our requirements for deals made in connection with the New plan to use such silos for missile de- ensuring a safe, secure, reliable, and ef- START Treaty, not on missile defense nor on fense purposes. In a June 16 hearing be- fective stockpile under the Stockpile any other issue. fore the Senate Foreign Relations Stewardship and Management Plan.’’ As the Ballistic Missile Defense Re- Committee, Lieutenant General The Administrator of the National view report made clear, the adminis- O’Reilly made it very clear saying ‘‘re- Nuclear Security Administration, tration is pursuing a variety of sys- placing ICBMs with ground-based under both President George W. Bush tems and capabilities to defend the interceptors or adapting the sub- and President Obama, Tom D’Agostino, homeland and different regions of the marine-launched ballistic missiles to said, in testimony before the Armed world against missile threats from na- be an interceptor would actually be a Services Committee in July: tions such as North Korea and Iran. A setback—a major setback—to the de- Our plans for investment in and mod- good example of that is the phased velopment of our missile defenses.’’ ernization of the Nuclear Security Enter- adaptive approach to missile defense in That one limitation has no impact on prise—the collection of NNSA laboratories, Europe. The Secretary of Defense and production sites, and experimental facilities our plans for missile defense, plans that support our stockpile stewardship pro- the Joint Chiefs of Staff recommended that are more effective and less expen- gram, our nuclear nonproliferation agenda, it unanimously. It is strongly sup- sive than converting ICBM or SLBM our Naval nuclear propulsion programs, and ported by our NATO allies. The Novem- silos to missile defense use. a host of other nuclear security missions— ber 20, NATO Lisbon Summit Declara- There is one other area of the many are essential irrespective of whether or not tion says that ‘‘the United States Eu- that have been discussed in connection New START is ratified. ropean Phased Adaptive Approach is with the START treaty that I would The Senate Foreign Relations Com- welcomed as a valuable national con- like to raise, and that is modernization mittee took the right approach on this tribution to the NATO missile defense of the nuclear weapons complex and issue in its resolution of ratification by architecture.’’ maintaining the ability to certify an- not making entry into force contingent During the NATO Lisbon Summit nually that our stockpile remains safe, on a certain funding level, but by in- NATO announced its own decision to secure and reliable. cluding a sense of the Senate that the build a missile defense system to pro- Shortly before Congress instituted a United States is committed to a robust tect European populations and terri- moratorium on nuclear weapons test- stockpile stewardship program. tory against missile attack, consistent ing in the early 1990s, the United The list of both Republican and with the phased adaptive approach. States established a stockpile steward- Democratic supporters of this Treaty is The phased adaptive approach is de- ship program to design and build ad- broad and strongly bipartisan, includ- signed to provide effective missile de- vanced scientific, experimental, and ing eight former Secretaries of State—

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23460 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 Madeleine Albright, Warren Chris- Russia has had the freedom to block Chairman of the Joint Chiefs of Staff; Gen- topher, Colin Powell, Condoleezza Rice, our national technical means to mon- eral James Cartwright, Vice Chairman of the James Baker, Lawrence Eagleburger, itor their forces. Apart from our na- Joint Chiefs; Tom D’Agostino, Adminis- George Schultz, Henry Kissinger—four tional technical means, we are now trator of the National Nuclear Security Ad- ministration; and Director of National Intel- former Secretaries of Defense—Harold blind. ligence Jim Clapper. Brown, Frank Carlucci, Bill Cohen, Bill With this treaty, we will benefit from Mrs. SHAHEEN. Madam President, Perry, and Jim Schlesinger—seven these measures and others. The Senate today, the Senate has a historic oppor- former commanders of the U.S. Stra- has discussed the monitoring and veri- tunity to follow in a long history of tegic Command, President George H.W. fication provisions at length during strong, bipartisan support for reducing Bush, President Clinton and a long list this debate—in open and closed ses- the threat posed by nuclear weapons of national security experts. sion—and it has been made very clear around the globe. We have a chance to Our NATO allies support this treaty that this treaty greatly strengthens strengthen American national security and have urged us to ratify it without our intelligence community’s ability and restore American leadership on the delay. NATO Secretary General Anders to monitor and assess Russian stra- nuclear agenda. I am hopeful that the Fogh Rassmussen said at the NATO tegic forces. Senate will choose the right path and summit in Lisbon in November: As Director of National Intelligence vote in favor of ratification of the New A ratification of the START Treaty will Clapper has said, the sooner we ratify START treaty. contribute strongly to an improvement of this treaty, the better. I am very I want to thank Senators KERRY and the overall security environment in the pleased that the Senate is acting now, LUGAR for their tireless, impressive Euro-Atlantic area, and all members of the before the end of the year and the con- work on the New START treaty. NATO-Russia Council share the view that an gressional session, to give the execu- early ratification of the START Treaty Former Secretary of State Dr. Henry tive branch these tools. would be to the benefit of security in the Kissinger, in explaining his support for With the ratification of this treaty, Euro-Atlantic area. I’d also have to say that the New START Treaty, told our com- the Senate also makes clear that the it is a matter of concern that a delayed rati- mittee earlier this year that the Sen- United States is willing and able to fication of the START Treaty will be dam- ate’s decision on New START ‘‘will af- aging to the overall security environment in make good on its foreign policy prom- fect the prospects for peace for a dec- Europe. So we strongly urge both parties to ises and to act in the best interests of ade or more. It is, by definition, not a ratify the START Treaty as early as pos- our country and of the world. bipartisan, but a nonpartisan, chal- sible. Following ratification in the Russian lenge.’’ Senators KERRY and LUGAR I believe that the Senate should con- Duma, the United States and Russia have done everything in their power to sent to ratification of the New START will begin the next round of arms con- make this a nonpartisan effort, and I treaty and that ratification of this trol and transparency. commend them and their staff for their treaty is in the national security inter- I hope and I believe many Senators excellent work. est of the United States. Ratification have expressed their desire, that this of the New START treaty will provide will lead to further arms control nego- I want to also take a moment to predictability, confidence, trans- tiations to reduce further the level of thank the negotiators, Rose parency and stability in the United strategic arms and to address tactical Gottemoeller, Ted Warner, their col- States-Russian relationship. The New nuclear weapons and other delivery leagues at the White House, and all the START treaty will make us safer mechanisms. civil servants responsible for negoti- today, and leave a safer world for our The ratification also maintains, and ating this agreement. Each of them has children and grandchildren. The Senate hopefully will build on, the improving a lifetime of experience and impressive should ratify the New START treaty relationship between our two countries expertise on nuclear issues, and they now. and our two young Presidents. all worked hard to navigate this dif- Mrs. FEINSTEIN. Madam President, We have enjoyed strong cooperation ficult treaty process. America was I am very pleased that the Senate is this year, over Afghanistan, over Iran, well-served by your efforts, and we about to ratify the New START trea- and—according to a letter I received thank you for your leadership. ty—I hope and believe with a very solid from President Obama on Monday— At the very beginning of this long bipartisan vote. over the tense situation on the Korean process, Secretary of Defense Robert This really is a historic moment. Peninsula. Gates asked the Senate a very impor- This is the biggest arms control treaty In a world of asymmetric threats, we tant question: Is the United States bet- in 20 years, and the most important need friends and allies more than ever. ter off with an agreement or without foreign policy action the Senate will This treaty moves us in this direc- it? Today, the Senate has to answer take this Congress. tion—with Russia and with the Eastern this specific question. This is absolutely the right thing to European nations that are strongly in We have had a very long, thorough, do. It is important to our national se- support of the treaty. and vigorous debate, and some Sen- curity and it is critical to uphold Before closing, I want to congratu- ators may not agree with everything in America’s place in the world commu- late and thank my good friend from the treaty text before us, and some nity. Massachusetts. He has spent an incred- may have problems with the process by As I have said many times, the arms ible amount of time considering this which we are here today, but let’s be reductions in this treaty are modest. treaty in the Foreign Relations Com- clear. The vote today is not about what New START requires a 30 percent re- mittee, preparing the resolution of each of us might have done differently. duction in warheads from the limits set ratification and in managing this floor The vote today is not about abstract out in the Moscow Treaty in 2002 to debate. numbers or theoretical point scoring. 1,550 on each side, but both the United He has done a fabulous job, and I The historic vote today is simple: Do States and Russia have been reducing really want to thank him for all his ef- you believe the United States and the their strategic stockpiles since then. fort and his cooperation with me world are better off with an agreement The real importance of this treaty through this entire process. or without one? comes from the monitoring provisions, I would also like to thank the many The Senate—led in a bipartisan fash- confidence-building measures, and the administration officials for their as- ion by Senators KERRY and LUGAR has strengthened relationship between two sistance in my consideration of this done an impressive job of meeting its of the world’s major powers. treaty, all of whom have spent time in constitutional responsibilities, and I We have not had inspectors at Rus- my office over the past year. They in- am proud of the work we have done in sian nuclear facilities for 13 months. clude: giving our advice and consent to the We have not had data exchanges on the Assistant Secretary Rose Gottemoeller, New START treaty. The involvement size and deployment of Russian forces. our lead negotiator; Admiral Mike Mullen, of the Senate over the last year and a

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23461 half and the debate we have under- The United States is and will remain free Now, I am under no illusions that the taken have been worthy of the world’s to reduce the vulnerability to attack by con- ratification of the New START treaty greatest deliberative body. structing a layered missile defense capable will somehow by itself meet the I have heard from many of my col- of countering missiles of all ranges The threats posed by nuclear weapons leagues that the Senate should not be a United States is committed to improving U.S. strategic defensive capabilities both around the globe. President Kennedy rubber stamp in ratifying the New quantitatively . . . and qualitatively and told us that attainable peace will be START Treaty—as if to suggest we such improvements are consistent with the ‘‘based not on a sudden revolution in have not taken our constitutional re- Treaty. human nature but on a gradual evo- sponsibilities seriously during this On tactical nuclear weapons, the res- lution in human institutions’’ and process. This could not be further from olution reads: ‘‘peace must be the product of many the truth. nations, the sum of many acts.’’ He First, the Senate’s influence can be The Senate calls upon the President to pursue . . . an agreement with Russia that said: seen throughout the treaty document. would address the disparity between tactical No treaty, however much it may be to the A number of Senators met with nego- nuclear weapons stockpiles . . . and would advantage of . . . all can provide absolute se- tiators numerous times prior to the secure and reduce tactical nuclear weapons curity . . . But it can . . . offer far more se- treaty’s completion, and some even in a verifiable manner. curity and far fewer risks than an unabated, traveled to Geneva during the negotia- Finally, on strategic-range, non- uncontrolled, unpredictable arms race. tions. In many respects, from the very nuclear weapon systems: New START is a step away from this beginning, our negotiators were oper- Nothing in the New START Treaty re- ‘‘unabated, uncontrolled, unpredict- ating within a framework and bound- stricts U.S. research, development, testing, able’’ environment. aries as set by Senators involved in the and evaluation of strategic-range, non-nu- As the first Nation to invent and process. The treaty itself is really a clear weapons . . . [or] prohibits deploy- then use nuclear weapons, the United product of collective input from both ments of strategic-range, non-nuclear weap- States has spent the majority of the the executive and congressional on systems. last half century trying to reduce the branches. The unique insight and input The fact is that the Senate has done risk they pose. Over five decades ago, this Congress has provided throughout its constitutional duty and has thor- President Eisenhower committed the the negotiation process could not be oughly debated and considered this im- United States to meeting its special re- replicated in any future consideration. portant agreement. sponsibilities on the nuclear threat. He In addition, since we received the Adding to our extensive internal de- said: treaty, the Senate has done its job and bate, countless outside experts and The United States pledges before you—and has thoroughly considered this agree- former officials have also weighed in therefore before the world—its determina- ment. The Senate Foreign Relations on this treaty. New START has the tion to help solve the fearful atomic di- Committee held 12 hearings and heard unanimous backing of our Nation’s lemma—to devote its entire heart and mind testimony from 21 expert witnesses. military and its leadership, including to find the way by which the miraculous in- The administration has answered over Secretary Gates, the Chairman of the ventiveness of man shall not be dedicated to his death, but consecrated to his life. 900 questions for the record. We have Joint Chiefs, the commander of Amer- also had more floor time for amend- ica’s Strategic Command, and the Di- Eisenhower’s early commitment and ments and consideration than any rector of the Missile Defense Agency. America’s special responsibility have other treaty of its kind. Our vigorous America’s military establishment is led to unbroken U.S. leadership in the debate on the floor has added nuance joined by the support of every living world on the nuclear agenda. The Nu- and depth to this already thorough Secretary of State—from Secretary clear Non-Proliferation Treaty—the body of work. Jim Baker to Secretary Condoleezza cornerstone of global nonproliferation It is also important to note that the Rice—as well as five former Secretaries efforts—was born out of President Ei- Senate, in providing its advice and con- of Defense, nine former national secu- senhower’s ‘‘Atoms for Peace’’ vision. sent, actually writes and approves the rity advisors, and former Presidents The original START treaty was a cul- resolution of ratification to go along Clinton and George H.W. Bush. The mination of President Reagan’s en- with the treaty. This is not an insig- overwhelming consensus from these treaty to ‘‘trust, but verify’’ Russia nificant document. This is the Senate’s foreign policy and national security and its actions. The U.S. Cooperative opportunity to influence the treaty’s heavyweights has been clear: New Threat Reduction Program, which has future interpretation and implementa- START is in America’s national secu- led to the deactivation of over 7,500 tion and our chance to provide the dec- rity interests. Russian nuclear warheads, was the re- larations, understandings, and condi- I think it is important to take a step sult of two visionary and farsighted tions to the treaty. The resolution suc- back and remember the broader picture Senators named Nunn and LUGAR. cinctly and explicitly expresses the of the decision before us today. We are American leadership on the nuclear Senate’s views on New START, and our no longer talking about abstract num- agenda makes the world safer. Period. resolution actually provides some bers, intangible ideas or questions of As Secretaries Kissinger, Schultz, strong statements with respect to process. We are talking about real nu- Perry, and Senator Nunn told us in many of the concerns raised by critics clear weapons. We are talking about their seminal 2007 opinion piece: of the treaty. thousands of the most dangerous weap- The world is now on the precipice of a new For example, on missile defense, the ons in the history of mankind—weap- and dangerous nuclear era . . . Nuclear weapons today present tremendous dangers resolution reads very clearly that the ons actually aimed directly at Amer- United States remains committed to but also a historic opportunity. U.S. leader- ican cities. ship will be required to take the world to the missile defense, and the New START Our arsenals are composed primarily treaty does not constrain that commit- next stage—to a solid consensus for revers- of nuclear weapons each yielding be- ing reliance on nuclear weapons globally as a ment: tween 100 and 1,200 kilotons of power. vital contribution to preventing their pro- The New START Treaty and the . . . uni- To give you a sense of the power of liferation into potentially dangerous hands. lateral statement of the Russian Federation these weapons, the nuclear weapon The New START treaty should be the on missile defense do not limit in any way, and shall not be interpreted as limiting, ac- dropped on Hiroshima yielded around next step on the path of American lead- tivities that the U.S. currently plans or that 13 kilotons of power. After New ership on the nuclear agenda. If we might be required . . . to protect U.S. Armed START, the United States and Russia turn our back on this treaty at this Forces and U.S. allies from limited ballistic will still be allowed an arsenal of 1,550 time, we are turning our back on a gen- missile attack. warheads capable of leveling cities eration of bipartisan, American leader- In addition, the DeMint amendment more than five times the size of New ship in this field, and we cede the field on missile defense in the resolution Hampshire’s largest city of Man- to a more dangerous and more uncer- reads: chester. tain world.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23462 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 The debate over New START is now Mr. GRASSLEY. Madam President, ployment of U.S. missile defense sys- over, and the only choice left before us before I begin my remarks on the New tems, other than those contained in ar- is this treaty or nothing. Each of us START treaty, I would like to point ticle V. It also says that the Russian today will decide—yes or no—whether out to my colleagues that in 2002, I statement on missile defense does not we think we are better off with a trea- voted in favor of the Moscow Treaty. I impose a legal obligation on the United ty or without one. was also one of 93 Senators who voted States. While I would have preferred I hope we will vote on the side of the in favor of START I in 1992. that this treaty not contain any lan- overwhelming majority of foreign pol- I recognize the importance of main- guage on missile defense, I appreciate icy and national security experts who taining a positive and cooperative rela- the work of the Foreign Relations have called on us to support this trea- tionship with Russia. The proponents chairman and ranking member to in- ty. I hope we will vote on the side of of the New START treaty argue that clude this language in the ratification our unanimous military and intel- this treaty is necessary to continue the resolution. But the fact remains, this ligence communities. I hope we will goodwill between our countries and the language is simply our opinion and is vote on the side of a legacy of Amer- much-touted ‘‘reset’’ in our relations. nonbinding. ican leadership on the nuclear agenda. More importantly to me, however, are This treaty reverses the gains made I am hopeful we will follow in the the merits of the treaty itself. The in the Moscow Treaty which de-linked footsteps of the Senate’s strong bipar- Senate should not simply ratify this offensive and defensive capabilities. Al- tisan history and ratify the New treaty to appease Russia or as a signal though a modified amendment on mis- START treaty today. of cooperation with them. The treaty sile defense to the resolution of ratifi- Mr. KOHL. Madam President, I rise should be considered based on its im- cation was agreed to today, I am dis- today to support ratification of the pact on our national security and the appointed that the Senate could not New Strategic Arms Reduction Treaty, security of our allies. agree to the amendment offered by or New START. This treaty continues A nuclear arms control treaty can be Senator MCCAIN which would have the bipartisan arms control framework evaluated based on the level of parity stricken the language in the treaty’s first proposed by President Ronald it brings to the two parties. In this re- preamble that arguably gives Russia a Reagan and implemented by President gard, I believe this treaty falls short. say on our future missile defense plans. George H.W. Bush with the START I The fact is, while this treaty places Finally, I also share the serious con- and START II treaties. President new limits on warheads, as well as de- cerns related to the issue of verifica- George W. Bush continued this work ployed and nondeployed delivery vehi- tion. It has been the subject of much with the Moscow Treaty. Now Presi- cles, Russia is already below the limit debate, and deservedly so. I agree with dent Obama has taken another impor- on delivery vehicles. The treaty pri- the sentiment that as our deployed tant step to address the dangers of nu- marily imposes new limits on the U.S., strategic nuclear weapons are reduced, clear weapons with the New START while requiring modest, if any, reduc- it becomes more and more critical that treaty. tions on the Russian side. Also alarm- the remaining weapons can be relied Stopping the spread of nuclear weap- ing is that this treaty is silent on the upon. As the number of weapons is re- ons and reducing existing nuclear matter of tactical nuclear weapons. It duced, it becomes more important that stockpiles is critical to our national se- is believed that Russia has a 10-to-1 ad- we know that the Russians are abiding curity. New START helps accomplish vantage over the U.S. in terms of tac- by the limits of the treaty. this goal by placing responsible limits tical nuclear weapons. After reviewing the classified mate- on nuclear warheads and delivery vehi- The administration has argued that rial presented by Senator BOND, rank- cles, while still enabling the United this treaty is necessary to provide stra- ing member of the Senate Intelligence States to maintain a credible nuclear tegic stability. However, if we are re- Committee, I have serious reservations deterrent. ducing our strategic weapons without about the new verification regime con- New START also reestablishes reg- regard to Russia’s overwhelming ad- tained in the treaty. Although former ular onsite inspections of Russian nu- vantage on tactical nuclear weapons, I Secretary of State James Baker sup- clear facilities, which ended more than question whether this reduction isn’t ports ratification of the treaty, he a year ago when the previous START weakening strategic stability. It stated that the verification mechanism treaty expired. The potential lack of should also be mentioned that some in the New START treaty ‘‘does not ap- safety, security, and controls of Rus- proponents of the New START treaty pear as rigorous or extensive as the one sian nuclear weapons is a grave secu- were critical of the 2002 Moscow Treaty that verified the numerous and diverse rity risk, and there is no substitute for for failing to reduce Russian tactical treaty obligations and prohibitions onsite inspections to address this nuclear weapons. I believe our leverage under START I.’’ threat. with the Russians to begin placing I do regret that without a treaty in I carefully considered the views of meaningful limits on tactical nuclear place that there is no verification re- our military and diplomatic leaders in weapons existed with this treaty. Now, gime, and no U.S. inspectors moni- evaluating New START, and I am im- I see no clear path to negotiating re- toring Russia’s nuclear arms activities. pressed by the breadth of bipartisan ductions in tactical nuclear weapons. It’s important to point out, however, support for this treaty. The Secretaries Like many of my colleagues, I have that the Obama administration had the of State, Defense, and Energy support serious concerns about the inclusion of ability to extend the verification re- New START. Our senior uniformed references to and limitations on U.S. gime for 5 years, as provided for in military leaders support New START, plans for missile defense. I don’t be- START I. But the Obama administra- including the head of the Missile De- lieve there should be a connection be- tion failed to act. The administration fense Agency. Every living former Sec- tween strategic nuclear weapons reduc- also insisted there would be a ‘‘bridg- retary of State, Republican or Demo- tions and our plans for missile defense. ing agreement’’ to continue verifica- crat, supports New START. I am equally troubled that Russia tion until the entry into force of a suc- I commend my colleagues on the Sen- issued a unilateral statement at the cessor agreement. This agreement was ate Foreign Relations Committee for treaty’s signing stating that the treaty never completed either. the extensive work they have done to ‘‘may be effective and viable only in I am deeply disappointed that in consider the New START treaty. They conditions where there is no quali- these areas of concern, the Senate is have produced a thorough record on tative or quantitative build-up in the simply being asked to be a the merits of this treaty, which enables missile defense system capabilities of ‘‘rubberstamp’’ rather than fulfill our every Senator to cast an informed the United States of America.’’ constitutional obligation to provide vote. After reviewing this record, I am It is positive that the Resolution of our advice on these important matters. proud to cast my vote in favor of rati- Ratification makes a strong statement Had the advice of the Senate on these fying New START. that the treaty does not limit the de- important issues been incorporated

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23463 into the treaty, I believe it would have consider the practical benefit of main- then-Senate Armed Services Chairman gained overwhelming bipartisan sup- taining a smaller number of strategic Sam Nunn to lay the groundwork for port. Without addressing these areas in nuclear weapons. These limits have the deactivation of more than 7,500 of a meaningful way, I am reluctantly un- been endorsed by our military planners these dangerous weapons in the former able to support it. because they are commensurate with Soviet Union is legendary. Throughout Mr. COONS. Madam President, I am our current and future defense needs. the negotiations and consideration of pleased to join my colleagues in voic- Moreover, reducing the number of de- New START, Ranking Member LUGAR ing my strong and unequivocal support ployed strategic warheads and delivery has once again demonstrated his in- for New START. I want to thank Sen- vehicles better positions us to invest credible depth of knowledge and exper- ators KERRY and LUGAR for their lead- the savings in nuclear modernization. tise on these issues, which has been of ership on this issue, and join them in The United States and Russia share the utmost benefit to the Senate. urging the Senate to support ratifica- common threats and common inter- President George H.W. Bush and So- tion. New START will make America ests, and, in the words of Vice Presi- viet leader Mikhail Gorbachev signed stronger and more secure by building dent BIDEN, New START is a ‘‘corner- the original START Treaty on July 31, on 30 years of U.S. global leadership on stone of our efforts to reset relations 1991—5 months before the collapse of nuclear arms control and reduction. with Russia.’’ Over the past 2 years, co- the Soviet Union. The agreement rep- This is why it has been endorsed by na- operation between the United States resented the culmination of more than tional security leaders on both sides of and Russia has grown in areas such as 20 years of bilateral arms control the aisle, including every living Repub- supporting sanctions to thwart Iran’s agreements between our two nations. lican Secretary of State, 5 former Sec- nuclear development and transferring Much has changed over what is al- retaries of Defense, 7 former com- essential supplies into Afghanistan. At most two decades since the original manders of the U.S. Strategic Com- this juncture, the Senate’s failure to START agreement was signed in Mos- mand, the entire Joint Chiefs of Staff, ratify New START could have far- cow. The world has witnessed the dis- 3 former Presidents, and all 27 of our reaching implications on such progress, integration of the Soviet Union, the NATO allies. including jeopardizing future coopera- rise of terrorist organizations with nu- We simply cannot afford to postpone tion in these critical areas. clear weapons ambitions, and growing the vote until the 112th Congress and As some of my colleagues propose al- threats from hostile regimes in such lo- delay ratification any further. Military tering the treaty, I want to voice my cations as Tehran and Pyongyang. As a planners have confirmed that ratifica- strong opposition to all amendments, result, when START expired 1 year ago tion is essential to U.S. security in an as they would effectively kill the this month, we found ourselves at a increasingly dangerous environment, agreement by requiring renegotiation crossroads—without the ability to in- and 73 percent of Americans support with Russia. In the future, we can ad- spect Russian missile silos, which, ratification according to one recent dress some of the issues raised during frankly, is unfortunate given that last poll. the amendment process—including year Senator LUGAR suggested that the As the newest member of the Foreign Russia’s extensive stockpile of tactical administration obtain a short-term Relations and Armed Services Commit- nuclear weapons—but these matters ‘‘bridging agreement’’ with the Rus- tees, I did not have the luxury of re- exceed the breadth of the treaty before sians to ensure there was not a ceiving the wealth of information and us today. I also believe that we can verification gap between the expiration perspective offered in the 18 public achieve a missile defense cooperation of START and approval of New START. hearings and Senate deliberations on agreement with Russia, but reaching Yet despite this missed opportunity this issue. I have, however, received an understanding on missile defense to secure a short-term bridging agree- enough information from classified will be easier once we have established ment, I believe the debate we have had briefings to know this is a pressing na- an agreed-upon limit to the number of in this body over the last 12 months tional security matter of the highest deployed strategic nuclear weapons. has made clear that it is in our vital order. As we approach a vote, I plan on America must maintain its global national interests to, first and fore- following the strong advice of our mili- leadership on nuclear arms control and most, maintain strategic stability be- tary and national security leadership, nonproliferation, and it is our obliga- tween the United States and Russia— as well as the will of the American peo- tion as Senators to act now. It is time the two countries that hold more than ple, in supporting New START. to look beyond politics and vote on 90 percent of the world’s nuclear weap- New START will enhance U.S. intel- principle, and I urge all Senators to ons—and furthermore to upgrade the ligence gathering and restore inspec- join me in supporting ratification of original START agreement to reflect tions needed to monitor the Russian New START because it is a domestic the new realities of the post-Cold War nuclear force. For more than a year, we and global security imperative. era. have been deprived of such inspections Ms. SNOWE. Madam President, I rise On the first point, I have supported due the expiration of the original trea- today to express my support for the New START’s goal of reinstating a ty. While opponents of New START New Strategic Arms Reduction Treaty, more stable, transparent, and legally have highlighted the reduction in the known as New START, which was binding mechanism based on proven total number of inspections, those signed by the United States and Russia methods for monitoring compliance which remain comprise the most ro- on April 8 and transmitted for the ad- with treaty provisions and deterring bust strategic arms inspections regime vice and consent of the Senate on May potential violations. For example, New in history. By increasing transparency 13. Since then, Chairman KERRY, with START requires essential data ex- between the United States and Russia, the unwavering support of Ranking changes detailing the numbers, types, New START will enhance our mutual Member LUGAR, has navigated the trea- and locations of affected weapons, nuclear deterrent. This is just one ex- ty through 18 hearings before the Sen- mandates up to 18 short-notice on-site ample of why ratification is in Amer- ate Foreign Relations, Armed Services, inspections each year to try and con- ica’s best security interest. and Intelligence Committees—and I firm information shared during such In addition to reducing the total commend the chairman for his deter- exchanges, and it calls for the parties number of both American and Russian mination to see this paramount accom- to notify each other and to update the deployed strategic nuclear weapons to plishment through to the finish. database whenever they move such 1550, New START will limit the number Without equivocation, since his elec- forces between facilities. of deployed delivery vehicles for nu- tion to the U.S. Senate in 1976, Rank- Since the early years of nuclear clear warheads to 700. As we consider ing Member LUGAR has been an over- weapons agreements between the investing more than $85 billion over riding force of nature in reducing the United States and the Soviet Union, the next decade into modernizing our threat of nuclear, chemical, and bio- beginning with Strategic Arms Limita- current nuclear arsenal, we must also logical weapons—and his work with tion Talks, known as SALT, in May

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23464 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 1972; to the Intermediate-Range Nu- Russian compliance with the treaty’s nal START agreement, unique identi- clear Forces, or INF Treaty, in Decem- limits. As part of its overlapping moni- fiers were applied only to Russian road- ber 1987 and the original START agree- toring and verification regimes, New mobile missiles. As Ranking Member ment in July 1991; our nations have START permits up to 18 short-notice LUGAR has noted, while this does not gained from the structure and degree of on-site inspections at ICBM bases, sub- insure a ‘‘foolproof’’ verification sys- transparency that these agreements marine bases, and air bases each year. tem, it will provide enhanced con- provide. As former National Security U.S. inspectors will use these inspec- fidence and transparency under the Advisor and Secretary of State Henry tions to help verify data on the number Treaty structure. Kissinger said in May, New START is of warheads located on deployed ICBMs Taken as a whole, I believe the trea- ‘‘an evolution of treaties that have and deployed submarine launched bal- ty’s notification requirements, the use been negotiated in previous adminis- listic missiles and the number of arma- of unique identifiers on each ICBM, trations of both parties’’ and ‘‘its prin- ments located on deployed heavy submarine launched ballistic missile, cipal provisions are an elaboration’’ of bombers. and heavy bomber, and the 18 annual existing agreements. Secretary Kis- Over the course of this debate, some short-notice on-site inspections, com- singer went on to note that the contin- of my colleagues have questioned the bined with our National Technical ued absence of this vital agreement utility and effectiveness of New Means, will further our critical na- would undoubtedly ‘‘create an element START’s on-site inspections. As a tional security objectives by helping us of uncertainty in the calculations of member of the Senate Select Com- observe and evaluate Russian activi- both adversaries and allies’’ and have mittee on Intelligence, I have worked ties—an objective that is fundamental an ‘‘unsettling impact on the inter- with my colleagues to scrutinize this to our strategic stability. national environment.’’ proposed agreement and have closely Additionally, when it comes to our In other words, without the com- reviewed the National Intelligence Es- ballistic missile defense capabilities, prehensive and overlapping system of timate pertaining to this subject as former Secretary of State Condoleezza inspections, notifications, and data ex- well as a number of other classified re- Rice wrote on December 7 that ‘‘The changes that both the original START ports. It is important to understand Russians need to understand that the and New START provide, our strategic that we do not depend only on the trea- U.S. will use the full-range of Amer- commanders and civilian leaders may ty’s monitoring and verification provi- ican technology and talent to improve be forced to position their assets in a sions to ensure the Russians are com- our ability to intercept and destroy the way that anticipates the worst case plying with the warhead limit and ballistic missiles of hostile countries.’’ scenario, which as we witnessed during other clauses. To the contrary, the In an effort to make certain that our many overwrought days of the Cold treaty is but one critical instrument intentions are unambiguous, the U.S. War is an incredibly precarious—and which, as with the 1991 START agree- issued a unilateral statement at the often more costly—approach in terms ment, is intended to augment informa- signing of New START, which affirms of the prioritization of our intelligence tion collected through our overhead as- that our government ‘‘intends to con- and defense resources. Therefore, I be- sets, and via other technical tools that tinue improving and deploying its mis- lieve firmly that, when combined with leverage the larger U.S. Intelligence sile defense systems in order to defend our Nation’s overhead intelligence as- system—known as our National Tech- itself against limited attack and as sets, remote sensing equipment, and nical Means. part of our collaborative approach to other classified methods, the New Since the treaty was transmitted to strengthening stability in key re- START agreement will provide our the Senate in May, the Intelligence gions.’’ government better insight into the ac- Committee has conducted a com- Furthermore, Ranking Member curacy of Russia’s declarations on the prehensive review, and my staff and I LUGAR also worked to ensure that the numbers and types of deployed and have questioned key officials, includ- Resolution of Advice and Consent to nondeployed strategic offensive arms ing the Director of National Intel- Ratification that was approved by the subject to the treaty, thereby engen- ligence Jim Clapper, former Secretary Senate Foreign Relations Committee dering greater confidence in our com- of Defense Bill Cohen, and Secretary on September 16 addresses this ques- prehension of the state of affairs, en- Gates’ Representative to Post-START tion by declaring that ‘‘it is the policy hancing global stability and our secu- Negotiations Dr. Ted Warner. Addition- of the United States to deploy as soon rity here at home. ally, my staff has held classified dis- as technically possible an effective Na- Still, in addition to maintaining the cussions with former START inspec- tional Missile Defense system’’ and framework of our nuclear arms reduc- tion team members and delegates to that nothing in the Treaty limits ‘‘fur- tion program with Russia, it is crucial the START Joint Compliance and In- ther planned enhancements’’ to missile that this treaty be thoroughly vetted spection Commission. defense programs. President Obama, to reflect the reality of the threats we Consequently, I would underscore Secretary Clinton, and Secretary Gates face in the 21st century. Article II, sec- two significant areas of advancement have reaffirmed this commitment and tion 2 of the Constitution states that where New START’s verification and the Administration’s Ballistic Missile the President ‘‘shall have Power, by monitoring provisions will be dis- Defense Review, released in February, and with the Advice and Consent of the tinctly different from its predecessor. outlines a detailed plan to continue to Senate, to make Treaties, provided two First, under the original START agree- expand international missile defense thirds of the Senators present con- ment, the treaty database listed the efforts to defend the United States, our cur’’—and as such we must make abso- number of warheads attributed to a deployed forces, and our allies and lutely certain that questions regarding type of ballistic missile, and each mis- partners around the world. our ability to verify Russian compli- sile of that type counted as the same It is also important for the record to ance with New START’s limits, to de- number of warheads. Notably, New reflect that Russia issued a similar velop and deploy effective missile de- START advances this standard by ena- statement when the original START fenses, and to modernize our nuclear bling our inspectors to in fact count was signed in 1991, saying that the weapons complex, have been satisfac- the actual number of reentry vehicles treaty would be viable only under con- torily resolved. Senator KYL, in par- deployed on the missile to confirm that ditions of compliance with the Anti- ticular, has brought great value to this it equals the number designated by the Ballistic Missile Treaty, which at the process—and I extol all of my col- Russians for that particular weapon. time restricted ballistic missile de- leagues for their dedication to meeting Secondly, New START includes the fenses. History clearly shows that fol- our constitutional responsibilities. innovation that unique identifiers— lowing ratification of START the Among the most significant ques- which mean numeric codes—be affixed United States did not restrain its mis- tions that have been raised are those to all Russian missiles and nuclear-ca- sile defense programs or reduce its ex- that deal with our ability to monitor pable heavy bombers. Under the origi- penditures on ballistic missile defenses

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23465 in an effort to ensure that Russia re- tration’s plans to retool and sustain James Baker noted in May, a more sta- mained committed to the original our national weapons labs—including ble and cooperative relationship be- START Treaty. To the contrary, U.S. construction of the vitally important tween Washington and Moscow ‘‘will be spending on ballistic missile defense plutonium processing facility, known vital if the two countries are to cooper- programs increased dramatically fol- as the Chemistry and Metallurgy Re- ate in order to stem nuclear prolifera- lowing the signing of the original search Replacement nuclear facility, in tion in countries like Iran and North START agreement—from less than $4 Los Alamos, NM, and the Uranium Korea.’’ Simply put, the ratification of billion for Department of Defense-wide Processing Facility at Oak Ridge, TN. New START, and the cooperation and ballistic missile defense funding sup- These two projects are essential for transparency it requires, has the po- port in 1991 to nearly $10 billion this meeting our life extension program re- tential to set the stage for expanded year. Moreover, in spite of this threat quirements for existing warheads and NATO and Russian collaboration when in 1991, Russia remained a party to certifying the safety and readiness of it comes to confronting terrorists and START and continued to negotiate fur- the current stockpile. other dangerous proliferators—so to- ther reductions on strategic offensive On November 17, due in large part to gether we may face those who threaten weapons after the U.S. withdrew from the unyielding persistence of Senators stability in the post-Cold War world. the ABM Treaty in 2002. KYL and CORKER, the administration Mr. President, the New START trea- Still, despite this precedent and released an updated 1251 modernization ty has the unanimous support of our Ranking Member LUGAR’s considerable report that directly answered many of Nation’s military and diplomatic lead- efforts to make certain that the resolu- our concerns and elaborated on our ership, Director of National Intel- tion addresses the issue of missile de- modernization objectives by providing ligence Jim Clapper, and the endorse- fense, questions have been raised about more detailed 10-year timelines and ment of President George H.W. Bush potential restrictions on our ability to specific budget projections to sustain and prominent former national secu- deploy effective missile defenses, and funding for stockpile surveillance at rity officials such as Secretary of De- some of my colleagues have rightly over $200 million over the next 10 fense Bill Cohen, and every living Sec- criticized the preamble’s recognition of years, and cost estimates for the pluto- retary of State—including Colin Powell an ‘‘interrelationship between stra- nium and uranium processing facilities and Condoleezza Rice. As a member of tegic offensive arms and strategic de- at upwards of $5.8 billion and $6.5 bil- the Senate Intelligence Committee, I fensive arms.’’ It has been argued—and lion respectively. In total, the adminis- am convinced that this agreement, I agree—that this language, when com- tration has now committed more than when combined with our intelligence bined with Russia’s unilateral state- $85 billion to modernize our nuclear assets, will enhance global stability, ment asserting its concern about a weapons complex over the next 10 and most importantly, our national se- United States ‘‘build-up’’ in missile de- years—$15 billion more than initially curity. I urge my colleagues to join me fense system capabilities, needlessly proposed by the administration—and I in supporting the Resolution of Advice gives Russia a leverage point with am confident this undertaking will en- and Consent to Ratification. Mr. REID. Madam President, we can- which to attempt to compel our gov- sure continued support for these indis- not end this historic session of Con- ernment to pull back from our missile pensable activities. defense objectives by threatening to It is now the responsibility of Presi- gress without taking one more impor- withdraw from the Treaty if we seek to dent Obama and his administration to, tant step to protect the national secu- increase our capabilities. As a result, I in the months ahead, communicate rity of the United States. It is time for the Senate to ratify the New START supported Senator MCCAIN’s effort to even more specific details regarding amend the Treaty to strike any ref- any lingering concerns about our Na- treaty. This treaty will secure nuclear stock- erence to the ‘‘interrelationship be- tion’s long-term modernization pro- piles. It will take nearly 1,500 Amer- tween strategic offensive arms and grams. The Resolution of Advice and ican and Russian nuclear weapons out Consent, which is currently before the strategic defensive arms.’’ of commission. These are weapons Finally, when it comes to the mod- Senate, includes strong language re- that, as we speak, are trained on cities ernization of our nuclear forces, mean- quiring direct notification to Congress like Washington and Moscow, St. Louis ingful concerns have been raised about if at any moment more resources are and St. Petersburg. the deplorable state of our deterio- required—or if appropriations are en- More than a year has passed since rating Manhattan Project-era nuclear acted that fail to meet our moderniza- American inspectors were on the laboratories and weapons stockpiles. tion needs—and we as a body must hold ground monitoring the Russian nuclear Senators KYL and CORKER should be this government true to these commit- weapons arsenal. The sooner we ratify commended for their diligence in shed- ments. this treaty, the sooner we can re-open ding light on the undeniable truth that In summary, the original START the window into exactly what the Rus- these facilities are sorely out-dated, agreement was signed over 19 years sians are, or are not, doing. and continue to erode as safety and se- ago, at a time when we still lived in a START will also preserve a strong curity costs have grown exponentially, decidedly bipolar, and some might American nuclear arsenal. Our mili- maintenance is deferred, and layoffs argue less complicated world. But with tary leaders have analyzed the treaty and hiring freezes deprive our govern- the fall of the Soviet Union and the end and determined the number of nuclear ment of highly skilled scientists and of the Cold War, we are now facing new weapons we need to retain in order to technicians needed to maintain our nu- threats from volatile governments in- keep us safe here at home. The director clear deterrent. tent on the proliferation of dangerous of the Missile Defense Agency has said Credible modernization plans and weapons, and decentralized terrorist the treaty will not restrain or limit long-term funding for the U.S. nuclear groups focused on launching attacks our missile-defense capacity. weapons stockpile and the infrastruc- more devastating even than 9/11. America and Russia control more ture that supports it are central to the Confronted with these daunting chal- than 90 percent of the world’s nuclear effectiveness of our nuclear deterrent, lenges, America must be prepared to weapons. The transparency this treaty and we have posed serious questions defend our homeland, our forces in the- will provide is critical not just to our about the veracity of the administra- atre, and our allies—and I believe this two countries but the entire planet. tion’s modernization report that was treaty allows future administrations to By ratifying the START treaty, we submitted to Congress with the New meet this responsibility, to maintain a will also increase our ability to work START agreement on May 13th, pursu- safe and effective deterrent, and at the with other countries to reduce nuclear ant to section 1251 of the fiscal year same time to continue to reduce the weapons around the world, and to 2010 Defense Authorization Act. Spe- number of deployed and ready to make sure that those weapons are kept cifically, we have sought greater detail launch long-range nuclear weapons. safe and secure. We need to work to- and assurances regarding the adminis- And as former Secretary of State gether with Russia to stop the most

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23466 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 dangerous nuclear threats, including Today the site is the center of our criticisms of it was the way it was those from Iran and North Korea. fight against terrorism and nuclear done. I must tell you, with regard to One of the greatest and gravest smuggling. It is on the front lines of the process of this bill, I am concerned threats we face is the specter of a ter- our intelligence, arms control and non- about the precedent we are setting in rorist getting his hands on a nuclear proliferation efforts. the Senate, taking a lameduck session weapon. We have faced nuclear threats But the site was once a critical bat- to jam so many things through, fre- before—but such a threat from a super- tlefield of the Cold War, and for dec- quently without an opportunity to pro- power is much different than one from ades it served as our Nation’s nuclear vide amendments or, when there are a terrorist. proving ground. A lot of Nevadans grew amendments, to simply have them all A nuclear-armed terrorist would not up with mushroom clouds in our back- shot down without, I believe, adequate be constrained by doctrines of deter- yard. We want to make sure the tests consideration. rence or mutually assured destruction. that took place in the Nevada desert We have done the tax legislation, the Instead, rogue groups could attack and are the closest we come to a nuclear continuing resolution to fund the Gov- destroy one of our cities—and millions explosion. ernment, the DOD authorization bill, of our people—without warning. By Today we can do that. We can con- the DREAM Act, don’t ask, don’t tell, ratifying the New START treaty, we tinue our institution’s long history of the 9/11 bill is on the way, some judges, can help make sure this kind of unprec- bipartisan support for arms control. We we passed a food safety bill almost in edented tragedy never happens can take 1,500 nuclear weapons off their the middle of the night by unanimous We have had a positive, bipartisan launch pads. And we can make the fu- consent without Members being ade- process up to this point. That should ture far safer for America and the quately notified, and now the START continue today. world. treaty. In many of those situations, The Senate Foreign Relations Com- This is not just a narrow Senate de- there was not adequate time—as I said, mittee overwhelmingly approved the bate. It isn’t just a local issue. And it no amendments even allowed. treaty with a bipartisan vote of 14–4. When cloture was filed, I expressed Our Nation’s military leadership isn’t something that can wait another unanimously supports it. Secretary of day. The whole world is watching and concern we had only dealt with, I be- Defense Robert Gates and Chairman of waiting for us to act. lieve at that time, four amendments to the Joint Chiefs of Staff ADM Michael The PRESIDING OFFICER. The Sen- the treaty itself. But we were told: Mullen testified before the Senate and ator from Arizona. Don’t worry. We will still give you con- Mr. KYL. Madam President, let me urged us to ratify it. sent to do resolution-of-ratification Secretaries of State from the last thank my colleagues for working hard amendments. five Republican Presidents support the to get this treaty passed and for being Unfortunately, not all of them were treaty because they know—in their able to achieve that as well, people permitted by the majority and, in words—‘‘The world is safer today be- within the administration. I appreciate order to get as many as possible to- cause of the decades-long effort to re- the cooperation some of us have had gether, we had to consolidate 70 or so duce its supply of nuclear weapons.’’ with the chairman of the Foreign Rela- amendments down to a very few. And an all-star team of Republican tions Committee, the ranking member The other side announced at the be- and Democratic national security lead- and others who have worked hard to ginning of the debate there would be no ers support the treaty, including try to complete, in a very short period amendments on the treaty itself or the former President George H.W. Bush, of time, what probably should have preamble. It turned out the amend- Colin Powell, Madeleine Albright, taken a lot longer period of time. But ments that were offered were all de- Brent Scowcroft, James Schlesinger, I appreciate their efforts to work with feated, but we did have some amend- Stephen Hadley, Senator Sam Nunn, us in that regard. ments on the resolution of ratification. and Senator John Warner. I would like to, briefly, speak to They, too, would have all been defeated Republicans have been included and three things: the process, the problems, or were defeated, except for the fact instrumental from the beginning. At and some positive results of the consid- that we were willing to water them Senator KERRY’s urging, the resolution eration of this treaty. down and, therefore, had them accept- was crafted by Senator LUGAR to re- For those who are watching, I can ed by the majority. flect the views of our Republican col- tell you right now there is only one Now we have very little time to leagues. The Foreign Relations Com- thing on the mind of everybody in this make closing statements because we mittee then adopted additional Repub- Chamber: How quickly are we going to are going to adjourn sine die, meaning lican amendments in its mark-up. And get out of here. One colleague said: I this is the end of the Congress. We will we have adopted four additional have a plane to catch. How long are not have time to actually prepare writ- amendments on the floor. you going to talk? Will I be able to ten statements for the RECORD. This is Senator KYL raised legitimate con- catch it? a very brief statement to discuss pri- cerns about the state of our nuclear That is understandable because every marily some positive things because weapons complex, and the White House one of us wants to get home to our there is not time to lay out all the responded with an $85 billion commit- families. I know there were some snide problems that I think those of us who ment to upgrade it over the next 10 comments expressed about my concern oppose the treaty still believe are years. a week or so ago about the fact we present in the treaty. We have spent 8 days debating this were going to be into Christmas week. I agree with the comments the new- treaty on the floor—that is longer than But now the reality is everybody wants est Member of the Senate, MARK KIRK, we spent on the original START—in a to get out of here immediately so cut made just a moment ago. He is very bipartisan and productive debate. I short your comments, put them in the well schooled in these issues, though a want to thank Chairman KERRY and RECORD, and so on. new Member of the Senate. I associate Senator LUGAR for their tireless leader- When I predicted a couple weeks ago myself with a lot of the remarks he ship on this treaty and thank Senators that I didn’t think we had time to do made. I think later, when we come on both side of the aisle who have everything the majority leader wanted back next year, we can chronicle the worked hard to get this treaty com- to do and do it well, I had no idea how things that were said in the debates pleted. many things would be added to the and have a pretty good record of how it For many Nevadans, the sights and agenda and how difficult that would be. all ended. But I fear more for the proc- sounds of a nuclear attack are familiar. Unfortunately, I think my prediction ess because of the precedent set that Deep in our desert sits the Nevada Na- turned out to be correct. serious matters, such as the ones we tional Security Site, which until this I remember just 1 year ago when we have debated and dealt with, including summer was called the Nevada Test were on the Senate floor doing the the treaty, were done in, to some ex- Site. health care bill, one of the primary tent, a slipshod way, to some extent in

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23467 which there was not adequate time to dled it this year will not establish a made a significant commitment to the do what the Senate should have done. new precedent. The problems of the modernization of our nuclear facilities. I also fear for the precedent set with treaty I wish to discuss in detail, but And the Senate, in various ways in respect to treaty ratification. Essen- because my colleagues want to catch dealing with this treaty, has done like- tially, on many of the issues that were airplanes, I will not. wise, as well as through an exchange of raised—and I appreciate, I must say, Let me focus then on the third and letters that have been entered into by colleagues have been kind to me in last element here, which is, some new members of the Appropriations Com- their compliments. I appreciate that things we learned from this treaty, mittee, and we hope to work with our very much. They were complimentary and, frankly, some achievements that colleagues in the House of Representa- to me and my colleagues in saying we were obtained as a result of a lot of at- tives with whom we have not had were raising important issues that tention to it—being paid to it by our enough contact on this issue. But hope- needed to be vetted, but in each case colleagues, a lot of great debate, par- fully, as a result of everything we have this was not the time to do it, this was ticularly with respect to missile de- done, we will have an opportunity to not the place to do it because if we fense, modernization, and future arms fund the modernization, as it becomes dare change one comma in this treaty, control agenda. clear more precisely what has to be it would require that it be renegoti- One of the things I think we have done, to ensure that all of that is ac- ated. There were some unspecified hor- made some progress on is that this complished within the appropriate rible results of the fact that we would may be the last arms control agree- timeframe. have to renegotiate the treaty because ment for a while. Maybe we can get When we started out, we had a pretty the Russians wouldn’t like what we back to focusing on the real issues, woeful amount of money dedicated to did. issues of proliferation, of terrorism The precedent we are establishing is the modernization of our nuclear facili- dealing with threats from countries that the Senate is a rubberstamp. ties. Now we have a request from the such as North Korea and Iran. Whatever a President negotiates with administration of a total of about $85 It is fine to have yet another Cold the Russians or somebody else, we dare billion over a decade to operate our fa- War era type agreement with Russia. not change because otherwise it will cilities. That includes about $15 billion But the real issue is not between Rus- have to be renegotiated, to some great in new modernization spending. sia and the United States, it is dealing detriment to humanity, and I don’t With the 1251 report coming from the with these other threats. So I suggest think that is appropriate. I think our administration each year, we antici- we move away from the distraction of Founders, when they wrote into the pate there will be further updates agreements such as this, and on to Constitution an equal role for the Sen- which will demonstrate additional what is a more contemporary chal- ate and the President, they meant it. progress we can make in the mod- That role is advice and consent. We lenge. I think as a result of the debate, ernization. In addition, I mentioned gave some advice in the last Defense that will be possible to do. the letter from the four key members authorization bill. We said, for exam- I would quote one of our colleagues, of the Appropriations Committee in ple, don’t negotiate conventional Condoleezza Rice, who served with this body. We hope to work with Mem- Prompt Global Strike limitations and great distinction as Secretary of State, bers in the House of Representatives don’t allow limitations on missile de- and before that as National Security likewise. fense. Both those things were done Adviser, wrote recently in the Wall Finally on this matter, one of the against our advice. But we are being Street Journal and she said: last amendments that was adopted is a asked to consent notwithstanding. After this treaty, our focus must be on certification requirement, which is a It seems to me, if the Senate is to stopping dangerous proliferators, not on fur- change to the resolution of ratification have a role in the future on these kinds ther reductions of the U.S. and Russian stra- tegic arsenals, which are really no threats to that, to the extent possible, the admin- of treaties, we better come to an under- each other or to international stability. istration will accelerate the planning standing if we are going to be able to and design of the two major facilities make some changes. I don’t think any- Presidential Adviser Gary Samore agreed, saying: here and, where appropriate, request body ever said the administration ever multiyear funding, of which my two If Iran succeeds in developing a nuclear ca- got anything 100 percent right. We colleagues from Tennessee who are, as ought to be able to make some changes pability, that would do more damage to the effort of the President to achieve a nuclear usual, seated right here together, made or else we might as well avoid the proc- free world than anything. a very strong point—that we could not ess altogether because it is just a big That is the real test of where we are only save a lot of money every year but waste of time. Eleven years ago when also accelerate the construction of we considered the Comprehensive Test headed. So I would hope the focus in the future will be on the illicit pro- these facilities so we could complete Ban Treaty and rejected that treaty, a the life extension programs for our nu- lot of commentators said the Senate grams of Iran, of Korea, countries such as Syria, and potentially focusing on clear weapons that are so critical. had finally put its mark on the process A third thing I think we did, which is by conclusively demonstrating it would some of the supporters of these coun- tries such as the country of China. a very positive result, is to focus a lit- not be a rubberstamp and that would tle bit also on the other aspect of mod- be a new era for the administration in These are the real challenges. I believe there would be bipartisan support in ernization; that is to say, the triad, our the future, having to pay some atten- nuclear triad of bombers, submarines, tion to what the Senate said. I hope this body to address those challenges and ICBMs. this new START treaty is an aberra- next. tion, rather than the beginning of a But, secondly, I think as a result of The Secretary of Defense had made a new precedent. focusing on our nuclear arsenal, which decision at the outset of the Obama ad- I will just tell you this. If the Com- we had to do by looking at this treaty, ministration that we would cancel the prehensive Test Ban Treaty is brought we have also learned that we have a decision on the next generation of forward again, there will be a different very big challenge in this country. bomber. It was very unclear whether it process. Rather than the situation And, fortunately and parallel with the was the intention of our government to which obtained here, in which I did not treaty, we worked on this challenge, have a nuclear-capable bomber part of urge a single colleague to oppose this the issue of how we can modernize our the nuclear triad. treaty until the time that cloture was nuclear facilities and nuclear force and Quoting General Chilton, who is the filed on it, I will urge every one of my the delivery vehicles of the triad that general responsible at Strategic Com- colleagues to oppose reconsideration of would deliver those vehicles. mand on this, ‘‘We need service pro- the CTB. I think we have all agreed we made grams that sustain the long-term via- So the process is not good. I have to significant improvement in that re- bility of our land-based, airborne, and hope that the result of the way we han- gard. The administration, I believe, has sea-based delivery platforms.’’

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23468 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 One of the amendments that was we made some progress there. Very few For those colleagues who were pa- adopted, amendment No. 4864, does re- people had ever heard the phrase, knew tient and expressed desire to do things quire the President to certify that he what it was. The Senate did give its ad- on the floor that we did not have time intends to modernize or replace the vice in last year’s Defense bill not to for, I appreciate their indulgences and triad, a heavy bomber and air-launched limit it. But, nevertheless, it was lim- appreciate the courtesies that everyone cruise missile, nuclear capable, an ited in the treaty. I think our debate has extended. This has been very con- ICBM, and an SSBN and SLBM—in about it here has helped to educate tentious, and yet the disagreements be- other words, the submarine leg, which Members as to the need for this, some- tween us have never risen to any level I believe the administration has al- thing both the administration and beyond that which is totally appro- ready begun to move forward on. many of us here in the Senate support. priate for a serious debate in the Sen- Also it would maintain the rocket It is simply the capability to deliver ate, proving again that while we can motor industrial base necessary to sup- not a nuclear warhead but a conven- disagree or will disagree, we can cer- port continued production of ballistic tional warhead by an ICBM at a very tainly do so agreeably. I thank my col- missiles. This is very important, be- long distance in a very relatively short leagues for their willingness to do that. cause even if you modernize the war- period of time, to meet some of the new Mr. KERRY. Madam President, I heads, if you do not have modern deliv- threats we are going to be facing in the thank the Senator. I know he has cur- ery vehicles to deliver them, obviously future. tailed his remarks. I have cut mine. you do not have a capable deterrent. Unfortunately, Prompt Global Strike But I do want to say a couple of things And, of course, the Russians, who have is limited in the treaty. Notwith- as we try to wind down here. I want to the most capable system other than standing that unfortunate linkage, as I thank the Senator from Arizona for ours, are modernizing their delivery ve- said, I think we have had an oppor- helping to get us to a point where we hicles, especially their ICBMs and, as a tunity to obtain a more secure com- can vote now. I want to thank Senator result, I think we need to do that as mitment from the administration on WYDEN who, 48 hours after surgery, has well. the deployment of the Global Strike made himself available to come here I am very pleased we have been able capability, because the resolution of and to be able to vote. We are appre- to resolve this question about a nu- ratification now calls for a detailed re- ciative of that. clear-capable triad. I look forward to port on our CPGS objectives prior to As we end our debate on the New clear and unambiguous statements entry into the force of the treaty. START treaty, I believe we can say the from the administration in the future It will require the administration to Senate has done its duty, and done it about this, and eventually getting a re- consider treaty limitations, methods of with diligence, serious purpose, and placement for all three legs of the triad distinguishing nuclear, nonnuclear sys- honor. And I am confident that our Na- that need to be modernized. tems, which are possible and should re- tion’s security—and that of the world— Fourth, there was a lot of discussion lieve any concern that the Russians will be enhanced by ratifying this trea- here about missile defense. I think have about the potential for a Prompt ty. without the treaty having come up, we Global Strike weapon being confused When we began this debate 8 days probably would not have spent the with a nuclear weapon. ago, I quoted CHRIS DODD’s farewell ad- time and raised the issues with regard Apart from all of the things I just dress, in which he reminded us that the to missile defense that were raised. We talked about there are other things in Founding Fathers had designed the had a disagreement here about wheth- the resolution of ratification that will Senate with these moments in mind. I er—or the extent to which the pre- add some strength to the position that think over the past week we have lived amble to the treaty and article V of those of us who oppose the treaty have up to our moment. Senators have had the treaty and the signing statements taken, including working through the opportunity to speak and debate. The created a problem with respect to fur- Bilateral Consultative Commission, fact is, we have considered this trea- ther development of our missile de- not being undercut by that commis- ty—a less complicated or far-reaching fenses. But through this debate, I believe, sion, requiring an annual report certi- treaty than START I—for longer than through commitments of the President fying Russian compliance with the we considered START I and START II in a letter that he wrote, through an terms of the New START treaty, things combined. Admiral Mullen summed up our in- amendment to the resolution of ratifi- of that sort. terests in this treaty in a compelling cation and a lot of statements for the I conclude that one of the things we way. He said: record during this debate, we are much will have to do proactively from here further down the road in predicting on out, in order to achieve some of the I continue to believe that ratification of objectives that we have talked about the New START Treaty is vital to U.S. na- that we will be able to deploy the kind tional security. Through the trust it engen- of missile defense that is necessary to here, is to work with our House col- leagues who have not been a part of ders, the cuts it requires, and the flexibility protect not just our allies in Europe, it preserves, this treaty enhances our ability for example, but also the continental this process, to share with them the to do that which we in the military have United States and the American peo- reasons we have concluded these things been charged to do: protect and defend the ple. are important, to work together, the citizens of the United States. I am as con- To conclude this point, any attempt administration, my colleagues on the fident in its success as I am in its safeguards. by the Russian Federation now to rees- Democratic side and our side, to con- The sooner it is ratified, the better. tablish a link between missile defense vince them each year of the necessary I think that is exactly right, and it is and strategic arms control will not appropriations that will be required, important to keep our fundamental succeed; that any argument that there among other things, for modernization charge to protect America foremost in is a legal right to withdraw from the of both the triad and—I know my col- our minds. treaty if we proceed with our deploy- leagues are anxious to leave. As a re- But I think there is something more ment plans, as they will be commu- sult, I will cut my comments short to to think about now. In the back and nicated to the Russians, will not stand. make this point. forth of debates like this, as we dispute So our friends in Russia do need to un- I again close, as I opened, by thank- details and draw dividing lines, it is derstand what we have done here. And ing colleagues for working under what easy to lose sight of the magnitude of we are making clear, as President are, frankly, very difficult cir- the decision we are making. Reagan once did, that U.S. missile de- cumstances, to try to compress every- Because sometimes, when we repeat fenses are simply not open to a discus- thing into a very short period of time, and repeat and repeat certain words sion. They will not be part of future ne- to be on a START treaty at the same and phrases they become routine and gotiations as well. time we are parachuting in all manner ritual, and their true meaning fades Finally, with regard to the Conven- of other issues and trying to get those away. When we argue about the dif- tional Prompt Global Strike, I think resolved. This has not been easy. ference between 700 delivery vehicles

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23469 and 720, we may forget that in the final cane procedural matter. The Framers trol is a technically challenging en- analysis, regardless of where we stand of the Constitution created the Senate deavor. In these debates we generally on the START treaty, this is one of with a vision of statesmanship, that focus on the balance of nuclear forces, those rare times in the U.S. Senate, here narrow interests would yield to deterrence theories, diplomatic maneu- one of the only times in all our service the national interest, that petty quar- vers, and other aspects of high here, when we have it in our power to rels would be set aside in pursuit of statecraft. But arms control is also a safeguard or endanger human life on great and common endeavor. The best ‘‘nuts and bolts’’ enterprise involving this planet. More than any other, this of our history has proven the wisdom thousands of American and Russian issue should transcend politics. More of that vision. There was that defining technicians, officials, and military per- than any other, this issue should sum- moment when Senator Daniel Webster sonnel. Verification and dismantle- mon our best instincts and our highest stood at his desk in this Chamber to ment activities require tremendous co- sense of responsibility. More than at address the fundamental moral issue of operation on mundane engineering almost any other time, the people of slavery. The words with which he start- challenges, equipment and supply lo- the world are watching us because they ed were stark and simple, and they gistics, and legal frameworks that rely on our leadership and because this should guide us today and every day. allow these activities to proceed. issue involves not simply our lives and He said: ‘‘I speak not as a Massachu- Ironically the exacting nature of the lives of our children but their lives setts man, nor a northern man, but as arms verification and elimination may and the lives of their children as well. an American.’’ This is the very defini- be a blessing. The challenges of this So it is altogether fitting that we tion of what it means to be a Senator. work and the amount of information have debated and now we decide not in To speak not for one State but for one that both sides are required to ex- a campaign season, but in a season America. To remember that the whole change have improved transparency that celebrates and summons us to the world is watching. So it is now, and so and forced our countries to build pro- ideal of peace on Earth. Yes, we have it has been across the decades during ductive partnerships over time. contended about schedules. Yes, the which so many Presidents and Sen- The Foreign Relations Committee constant chatter on cable speculates ators of both parties, citizens in every held a hearing on June 24 in which De- about whether we would approve the part of the country, have struggled and fense Department officials in charge of treaty in time to get out of here for at critical turning points succeeded in verification and dismantlement activi- Christmas. But the question is not pushing back the dark frontier of nu- ties in the former Soviet Union testi- whether we get out of here for a holi- clear conflict. The efforts have not al- fied. These officials oversee dismantle- day; the question is whether we move ways been perfect; nothing in life or ment work in Russia that occurs every the world a little more out of the dark policy ever is. But as we end this de- day. Their agencies oversaw shadow of nuclear nightmare. For bate now, let us take our own step for- verification under START I before the whatever our faith, the right place for ward for America and for the world. As treaty expired on December 5, 2009. us at this time of year, no matter how stewards of enormous destructive They would oversee the verification long it may take, is here in the Senate power, we too can become the stewards work required under the New START where we now have a unique capacity of peace. treaty. to give a priceless gift not just to our The VICE PRESIDENT. The Senator They described in detail how friends and family, but to our fellow from Indiana. verification operations are conducted men and women everywhere. When Mr. LUGAR. Mr. President, as the and gave Senators a picture of how the Robert Oppenheimer left Los Alamos Senate approaches a point of decision United States and Russia cooperate on after the atomic bomb was dropped, he on the New START treaty, I would like technically challenging nonprolifera- said, ‘‘The peoples of this world must to offer a few concluding thoughts. tion goals. Only five members of the unite or they will perish. This war, My attitudes towards the enterprise committee attended that hearing. I that has ravaged so much of the earth, of arms control have been affected by wish that every Senator could have at- has written these words. The atomic the time I have spent during the last tended, because the presentation un- bomb has spelled them out for all men two decades visiting remote areas of derscored how much the START proc- to understand. . . . By our works we Russia in an effort to bolster Nunn- ess links our two defense establish- are committed, committed to a world Lugar dismantlement operations. When ments and how critical the START united, before this common peril, in one sees Russian SS–18 ballistic mis- framework is to nonproliferation ac- law and in humanity.’’ That is what siles being cut up at Surovatikha, or tivities. brings us to this moment. when one witnesses the dismantlement Mr. President, there is a maxim that Last night, a friend called my atten- of a Typhoon ballistic missile sub- has been popularized in American cin- tion to the meditation of Pope John marine at the SevMash facility on the ema, variants of which have sometimes Paul II when he visited Hiroshima. He approaches to the Barents Sea, one been attributed to early political phi- said that from the memory of those gets a clear picture of the enormity of losophers such as Sun Tsu or Machia- awesome mushroom clouds over Hiro- the problem that confronted us during velli. It is ‘‘Keep your friends close, but shima and Nagasaki we must draw the the Cold War. your enemies closer.’’ I am not sug- ‘‘conviction that man who wages war With all the destructive power that gesting that Russia is an enemy. Our can also successfully make peace.’’ was created during that era amidst in- relationship with that country is far This month in homes across this land, tense suspicion and enmity between more complex. It is a relationship that Americans are honoring moments in the United States and the former So- is both wary and hopeful. We admire the history of faith that enshrine the viet Union, we were extraordinarily the Russian people and their cultural values that guide us all regardless of fortunate to have avoided a mishap and scientific achievements, while la- faith. We in the Senate, only 100 of us that could have destroyed American menting continuing restrictions on in a world of billions, should be hum- civilization. During the last two dec- their civil and political liberties. We bled and proud that in this month we ades, we have circumscribed the nu- recognize the potential for U.S.-Rus- have the privilege of reducing the risks clear problem, but we have not elimi- sian cooperation based on deep com- of war and advancing the cause of nated it. Our cities remain vulnerable monalities in our history and geog- peace. to accident, miscalculation, and pro- raphy, even as we are frustrated that So think of what is at stake here and liferation stemming from the Russian Cold War sensibilities are difficult to of the role we now have to play, not nuclear arsenal. And we still must pay dislodge. only in the governing of our country very close attention to the disposition Although we can and must make sit- but literally in the life of the world. of Russian nuclear forces. uational judgments to engage Russia, Here more than ever our power to ad- Visiting dismantlement operations in such engagement is no guarantee that vise and consent is more than some ar- Russia also underscores that arms con- we will experience a convergence of

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23470 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 perceived interests or the elimination carefully-reasoned military consensus Mr. KERRY. Mr. President, I ask of friction. in favor of ratifying the treaty. Rejec- unanimous consent that the order for But one does not have to abandon tion of such a consensus on a treaty the quorum call be rescinded. one’s skepticism of the Russian Gov- that affects fundamental questions of The VICE PRESIDENT. Without ob- ernment or dismiss contentious foreign nuclear deterrence would be an ex- jection, it is so ordered. policy disagreements with Moscow to traordinary action for the Senate to The majority leader is recognized. invest in the practical enterprise of nu- take. clear verification and transparency. In Moreover, the treaty review process f fact, it is precisely the friction in our has produced a much stronger Amer- broader relationship that makes this ican political consensus in favor of JAMES ZADROGA 9/11 HEALTH AND treaty so important. modernization of our nuclear forces COMPENSATION ACT OF 2010 It would be an incredible strategic and implementation of our miile de- Mr. REID. Mr. President, as in legis- blunder to sever our START relation- fense plans. This includes explicit com- lative session, I ask unanimous consent ship with Russia when that country mitments by the President and con- that the Senate proceed to the consid- still possesses thousands of nuclear gressional appropriators. In the ab- eration of Calendar No. 641, H.R. 847, weapons. We would be distancing our- sence of the New START treaty, I be- the James Zadroga 9/11 Health and selves from a historic rival in the area lieve this consensus would be more dif- Compensation Act of 2010; further, that where our national security is most af- ficult to maintain. We have the chance the Gillibrand-Schumer substitute fected and where cooperation already today not only to approve the New amendment, which is at the desk, be has delivered successes. When it comes START treaty, but also to solidify our agreed to, the Senate proceed to a vote to our nuclear arsenals we want to domestic determination to achieve on the bill immediately, as amended, keep Russia close. There are enough these national security goals. with no intervening action or debate, centripetal forces at work without I began the Senate debate on this further, that if the bill is passed, the abandoning a START process that has treaty last week by citing a long list of motions to reconsider be laid upon the prevented surprises and miscalcula- the national security threats that cur- table with no intervening action or de- tions for 15 years. rently occupy our nation and our mili- bate, and any statements relating to The New START agreement came tary. Our troops are heavily engaged in this matter be printed in the RECORD. about because the United States and Afghanistan and Iraq. We are fighting a The VICE PRESIDENT. The clerk Russia, despite differences on many global terrorist threat. And we are will report the bill by title. geopolitical issues, do have coincident seeking to resolve the dangerous cir- The legislative clerk read as follows: interests on specific matters of nuclear cumstances surrounding nuclear weap- A bill (H.R. 847) to amend the Public security. We share an interest in lim- ons programs in Iran and North Korea. Health Service Act to extend and improve iting competition on expensive weap- We are attempting to address these and protections and services to individuals di- ons systems that do little to enhance many other national security questions rectly impacted by the terrorist attack in the productivity of our respective soci- at a time of growing resource con- New York City on September 11, 2001, and for eties. We share an interest in achieving straints reflected in a $14 trillion debt. other purposes. predictability with regard to each oth- In this context the U.S. Senate has a There being no objection, the Senate er’s nuclear forces so we are not left chance today to constrain expensive proceeded to consider the bill. guessing about equal potential arms competition with Russia. We have The VICE PRESIDENT. Under the vulnerabilities. We share an interest in chance to guarantee transparency and previous order, the substitute amend- cooperating broadly on keeping weap- confidence-building procedures that ment is agreed to. ons of mass destruction out of the contribute to our fundamental national The amendment (No. 4923) was agreed hands of terrorists. And we share an in- security. We have a chance to frustrate to. terest in maintaining lines of commu- rogue nations who would prefer as (The amendment is printed in today’s nication between our political and much distance as possible between the RECORD under ‘‘Text of Amendments.’’) military establishments that are based United States and Russia on nuclear Mr. CONRAD. Mr. President, this is on the original START agreement. questions. And we have a chance to the Statement of Budgetary Effects of Over the last 7 months the Senate strike a blow against nuclear prolifera- PAYGO Legislation for H.R. 847, as has performed due diligence on the New tion that deeply threatens American amended. START treaty. Most importantly, we citizens and our interests in the world. Total Budgetary Effects of H.R. 847 for the have gathered and probed military I am hopeful that the Senate will em- 5-year Statutory PAYGO Scorecard: net de- opinion about what the treaty would brace this opportunity to bolster U.S. crease in the deficit of $101 million. mean for our national defense. We have national security by voting to approve Total Budgetary Effects of H.R. 847 for the heard from the top military leadership, the New START treaty. 10-year Statutory PAYGO Scorecard: net de- as well as the commanders who oversee I thank the Chair. crease in the deficit of $443 million. our nuclear weapons and our missile Mr. KERRY. Mr. President, I suggest Also submitted for the RECORD as defense. We have heard from former the absence of a quorum. part of this statement is a table pre- Secretaries of Defense and STRATCOM The VICE PRESIDENT. The clerk pared by the Congressional Budget Of- commanders who have confirmed the will call the roll. fice, which provides additional infor- judgment of current military leaders. The assistant legislative clerk pro- mation on the budgetary effects of this Their answers have demonstrated a ceeded to call the roll. Act, as follows: CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR AN AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 847, THE JAMES ZADROGA 9/11 HEALTH AND COMPENSATION ACT OF 2010 (VERSION BAI10697), AS ADOPTED BY THE SENATE ON DECEMBER 22, 2010 [By fiscal year, in millions of dollars]

2011– 2011– 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase or Decrease (¥) in the Decifit Statutory Pay-As-You-Go Impact ...... ¥242 106 170 56 ¥191 1,398 ¥346 ¥466 ¥461 ¥457 ¥101 ¥433 Note: Components may not sum to totals because of rounding. The amendment would establish a program for health care benefits for eligible emergency personnel who responded to the September 11, 2001, terrorist attacks and eligible residents and others present in the area of New York City near the World Trade Center. The legislation also would provide compensation payments to certain individuals for death and physical injury claims resulting from the attacks. The amendment would extend for one year certain fees on L and H–1B nonimmigrants that currently expire after fiscal year, 2014, and would impose a 2 percent excise tax on payments made to certain foreign persons by federal agencies to obtain certain goods or services. Source: Congressional Budget Office and the staff of the Joint Committee on Taxation.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23471 Mr. LEAHY. Mr. President, I have right. It is long past time for the Sen- care and treatment that our heroes de- heard complaints over the past few ate to do what is right by them. serve. And I greatly appreciate the days about why we in the Senate are I applaud the Senators from New input and patience of so many fire- still working so close to the Christmas York. They have worked tirelessly and fighters and first responders from my holiday. All of us would rather be home in the end agreed to compromise with a own state of Massachusetts, for whom I with our families, but of course we few of Senators on the other side of the have tremendous respect and gratitude were sent here to serve the American aisle who were blocking action on this for all that they do. people. We were sent here to the Sen- bill to help these first responders. The Thank you, Mr. President. And I ate to do the work of the American legislation we will pass today does not yield the floor. people, and we have been trying to go as far as many of us hoped and be- Mr. REID. Mr. President, the horror complete our work for the past several lieve appropriate, but it will go a long of September 11 was unforgettable, and weeks. One remaining issue demands way to help the dedicated police offi- so much about that day was unimagi- our attention: taking care of the Amer- cers, firefighters, construction work- nable. But imagine you had the courage to icans who responded to the terrorist ers, and medical personnel who were run into the disaster everyone else was attacks on September 11th. We cannot injured because of their service at a running away from. And because of the turn our backs on these injured and time of great national need. I cannot toxic fumes and smoke you breathed in ailing first responders. This is a defin- think of a better measure to end our work on in this Chamber than the mes- while you were working there, you got ing issue of our American values—how terribly sick. we serve those who have sacrificed for sage that we honor their service by taking care of the injuries they sus- And almost a decade later, you are our Nation. still suffering. You have trouble Almost a decade ago, in the after- tained while serving. Mr. BROWN of Massachusetts. Mr. breathing, or maybe a tumor, or some math of attack, I visited the Fresh other lung or heart disease. You knew Kills Landfill on Staten Island, NY. President, I come to the floor today to congratulate my colleagues on their you would be risking your life, but you There, I witnessed detectives and med- probably didn’t know it would—like ical professionals conduct the heart- leadership and their willingness to come to the table to find a workable this. breaking work to sort debris from the Now imagine the help you need—the solution to ensure that we do not for- World Trade Center Towers in order to health care and compensation you de- get those who risked their lives on Sep- recover the remains and personal ef- serve—is within reach. But your Sen- fects of those killed in the 9/11 attacks. tember 11, 2001. Today, the Senate reached an agree- ator is keeping it from you. It is difficult to describe how moving That is exactly what is happening ment to move forward on legislation and powerful this was. It affirmed my right now. The courageous first re- that would create a program dedicated faith in the goodness of America and sponders and rescue workers who were exclusively to provide screening and its citizens. the first on the scene at Ground Zero treatment to the first responders and These Americans were doing every- need our help. thing they could to bring what little other men and women who participated It is all so hard to imagine. It is hard in rescue efforts at the World Trade comfort and closure they could to the to imagine we would have the courage Center. survivors of those killed. They were to do what they did that day—and that As I have said repeatedly, the work acting not for themselves but for their is why we revere these first responders. of my colleagues, Ms. GILLIBRAND and fellow citizens. These men and women And it is hard to imagine their leaders Mr. SCHUMER, are honorable and good. were driven by the same sense of patri- would abandon them like this. As I have said in every meeting that I We should all be embarrassed we are otism and compassion that drove so have held—whether meeting with fire- many brave Americans to rush from still here, at this late date, talking fighters and police officers in Massa- about this bill. This is not controver- across the United States to respond at chusetts, whether it be with Mayor Ground Zero. Their acts of heroism, sial—it is common sense. We should Bloomberg of New York City or New never, ever waste a minute before rush- selflessness, and patriotism were em- York City Police Commissioner Kelly— blematic of how Americans came to- ing to help the heroes of 9/11. We should I support their efforts and their good never, ever waste a minute before rush- gether for one another. work and dedication to make sure that The legislation we consider today is ing to help the victims of that day. none of the heroes from September 11, These first responders are both—and the least we can do for these men and 2001 are left behind or forgotten. women who answered the call of their this delay is simply inexcusable. I support this agreement because it This new program will make sure we Nation in our moment of crisis. It is represents what the Senate should be do our jobs just as they did theirs. It for the 30 New York City police officers about: coming together, working to- sets up a program that will monitor who have died since September 11, 2001, gether, and finding common ground the health and treatment of the thou- as the result of illnesses brought on by and workable solutions. Today, in the sands of rescue workers and survivors exposure to the toxic dust and debris. final hours of the 111th Congress, we of 9/11 and makes sure they get the It is for the 13,000 first responders who did just that by providing benefits to care they need. are sick as a result of their brave ac- the first responders in a realistic and The authors of this bill have written tions at Ground Zero. It is for the thou- pragmatic way. protections into it to ensure the qual- sands of men and women who came But, M. President, I continue to have ity of the medical treatment it delivers from across the United States to help reservations regarding the offsets that and to protect it from fraud. the people of New York and our coun- are used to provide these benefits. As I As far as legislation and leadership try. And it is for the thousands more have said to my colleagues, I am con- go, this one is a no-brainer. But oppo- who will need medical care in the fu- cerned because I am not 100 percent nents have tried every excuse to stand ture. They deserve the continuing sup- confident that the suggested offsets in the way. On each count, they’re port and assistance of their govern- will materialize because of potential wrong. ment, on behalf of all Americans. legal challenges or questionable trade It’s not a new entitlement—in fact, It is deeply disappointing that pass- implications. it’s fiscally responsible and its funding ing this legislation has been so dif- We should not forget the lives that is capped. Checks and balances are in ficult. It should not be. If there is one were lost on September 11, 2001. The place to make sure all claims are le- thing on which we should find una- lives that were risked that day. And gitimate. And when this program is es- nimity, it is fulfilling our obligation to those who continue to live with scars tablished, it will be used only as a last the men and women who gave so much from that day. And I can assure you, resort—only if it’s needed after private to help others on 9/11. These men and we won’t. health insurance and workers’ com- women asked nothing before they I am supporting this legislation be- pensation aren’t sufficient or fast acted. They did what they thought was cause it provides access to the health enough.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23472 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 None of these men and women the Senate proceed to the consider- thirds of the Senators present, having thought twice before trying to save the ation of the following judicial nomina- voted in the affirmative, the resolution lives of their fellow Americans. Neither tions en bloc: Calendar Nos. 1119, 1120, of ratification, as amended, is agreed should we. and 1139, that is, Kathleen M. O’Malley, to. We all know the Capitol might not be Beryl Alaine Howell, and Robert Leon The resolution of ratification, as standing without the courage of men Wilkins; that the nominations be con- amended, agreed to is as follows: and women who became heroes that firmed en bloc, the motion to recon- TREATY APPROVED day. How can we stand in this building sider be considered made and laid upon Treaty with Russia on Measures for Fur- and vote against helping their fellow the table en bloc, the President be im- ther Reduction and Limitation of Strategic heroes—people who were the first to re- mediately notified of the Senate’s ac- Offensive Arms (Treaty Doc. 111–5). spond when the unimaginable hap- tion, and the Senate then resume legis- Resolution of ratification as amended: pened? lative session. Resolved, (two-thirds of the Senators present The VICE PRESIDENT. The question The VICE PRESIDENT. Is there ob- concurring therein), That the Senate advises and consents to is on the engrossment of the amend- jection? the ratification of the Treaty between the ment and third reading of the bill. Without objection, it is so ordered. United States of America and the Russian The amendment was ordered to be The question is on the adoption of Federation on Measures for the Further Re- engrossed and the bill to be read a the resolution of ratification, as duction and Limitation of Strategic Offen- third time. amended, to the treaty between the sive Arms, signed in Prague on April 8, 2010, The bill was read the third time. United States of America and the Rus- with Protocol, including Annex on Inspec- The VICE PRESIDENT. The bill hav- sian Federation on Measures for the tion Activities to the Protocol, Annex on No- ing been read the third time, the ques- Further Reduction and Limitation of tifications to the Protocol, and Annex on tion is, Shall the bill, as amended, Strategic Offensive Arms, signed in Telemetric Information to the Protocol, all such documents being integral parts of and pass? Prague on April 8, 2010, with Protocol. collectively referred to in this resolution as The bill (H.R. 847), as amended, was Mr. KERRY. Mr. President, I ask for the ‘‘New START Treaty’’ (Treaty Document passed. the yeas and nays. 111–5), subject to the conditions of subsection Mr. REID. I move to reconsider the The VICE PRESIDENT. Is there a (a), the understandings of subsection (b), and vote. sufficient second? the declarations of subsection (c). Mr. KERRY. I move to lay that mo- There is a sufficient second. (a) CONDITIONS.—The advice and consent of tion on the table. The clerk will call the roll. the Senate to the ratification of the New The motion to lay on the table was The assistant legislative clerk called START Treaty is subject to the following conditions, which shall be binding upon the agreed to. the roll. Mr. KYL. The following Senators are President: f necessarily absent: the Senator from (1) GENERAL COMPLIANCE.—If the President determines that the Russian Federation is TREATY WITH RUSSIA ON MEAS- Missouri (Mr. BOND), the Senator from acting or has acted in a manner that is in- URES FOR FURTHER REDUCTION Kansas (Mr. BROWNBACK), and the Sen- consistent with the object and purpose of the AND LIMITATION OF STRATEGIC ator from Kentucky (Mr. BUNNING). New START Treaty, or is in violation of the OFFENSIVE ARMS—Continued Further, if present and voting, the New START Treaty, so as to threaten the The VICE PRESIDENT. The majority Senator from Kentucky (Mr. BUNNING) national security interests of the United leader. would have voted ‘‘nay.’’ States, then the President shall— The yeas and nays resulted—yeas 71, (A) consult with the Senate regarding the Mr. REID. Mr. President, I ask unan- implications of such actions for the viability imous consent that there be no other nays 26, as follows: [Rollcall Vote No. 298 Ex.] of the New START Treaty and for the na- amendments, motions, or points of tional security interests of the United order in order in relation to the treaty YEAS—71 States; or the resolution of ratification; that Akaka Feinstein Mikulski (B) seek on an urgent basis a meeting with the Senate immediately proceed with Alexander Franken Murkowski the Russian Federation at the highest diplo- Baucus Gillibrand Murray matic level with the objective of bringing no intervening action or debate to a Bayh Gregg Nelson (NE) the Russian Federation into full compliance vote on the Resolution of Advise and Begich Hagan Nelson (FL) with its obligations under the New START Bennet Harkin Pryor Consent to Ratification, as amended, Treaty; and Bennett Inouye Reed to the New START Treaty, Treaty Doc- Bingaman Isakson (C) submit a report to the Senate promptly ument No. 111–5; that if the resolution Reid Boxer Johanns Rockefeller thereafter, detailing— Brown (MA) Johnson is adopted, the motion to reconsider be Sanders (i) whether adherence to the New START Brown (OH) Kerry laid upon the table and the President Schumer Treaty remains in the national security in- Cantwell Klobuchar Shaheen terests of the United States; and of the United States be immediately Cardin Kohl notified of the Senate’s action; that Carper Landrieu Snowe (ii) how the United States will redress the Specter upon disposition of the New START Casey Lautenberg impact of Russian actions on the national se- Cochran Leahy Stabenow curity interests of the United States. treaty, the Senate proceed to a vote on Collins Levin Tester (2) PRESIDENTIAL CERTIFICATIONS AND RE- Udall (CO) confirmation of the nomination of Cal- Conrad Lieberman PORTS ON NATIONAL TECHNICAL MEANS.—(A) Udall (NM) endar No. 1089, Mary Helen Murguia, of Coons Lincoln Prior to the entry into force of the New Voinovich Arizona, to be a U.S. circuit judge for Corker Lugar START Treaty, and annually thereafter, the Dodd Manchin Warner the Ninth Circuit; that if the nomina- Dorgan McCaskill Webb President shall certify to the Senate that tion is confirmed, the motion to recon- Durbin Menendez Whitehouse United States National Technical Means, in sider be laid upon the table and the Feingold Merkley Wyden conjunction with the verification activities provided for in the New START Treaty, are President be immediately notified of NAYS—26 sufficient to ensure effective monitoring of the Senate’s action; that following the Barrasso Graham McConnell Russian compliance with the provisions of vote on the Murguia nomination, the Burr Grassley Risch the New START Treaty and timely warning Senate immediately proceed to a vote Chambliss Hatch Roberts Coburn Hutchison of any Russian preparation to break out of on Calendar No. 934, Scott M. Mathe- Sessions the limits in Article II of the New START Cornyn Inhofe Shelby son, Jr., of Utah, to be a U.S. circuit Crapo Kirk Thune Treaty. Following submission of the first judge for the Tenth Circuit; that if the DeMint Kyl Vitter such certification, each subsequent certifi- Ensign LeMieux Wicker cation shall be accompanied by a report to nomination is confirmed, the motion to Enzi McCain reconsider be laid upon the table and the Senate indicating how United States Na- NOT VOTING—3 tional Technical Means, including collection, the President be immediately notified processing, and analytic resources, will be Bond Brownback Bunning of the Senate’s action; further, that utilized to ensure effective monitoring. The upon disposition of the Matheson nomi- The VICE PRESIDENT. On this vote, first such report shall include a long-term nation, I ask unanimous consent that the yeas are 71, the nays are 26. Two- plan for the maintenance of New START

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23473 Treaty monitoring. Each subsequent report (iii) A statement with respect to each sys- safety, reliability, and performance of the shall include an update of the long-term tem listed under clause (i) as to whether any United States nuclear arsenal at the New plan. Each such report may be submitted in of the limits in Article II of the New START START Treaty levels and meet requirements either classified or unclassified form. Treaty apply to such system. for hedging against possible international (B) It is the sense of the Senate that moni- (iv) An assessment of the costs, risks, and developments or technical problems, in con- toring Russian Federation compliance with benefits of each system. formance with United States policies and to the New START Treaty is a high priority (v) A discussion of alternative deployment underpin deterrence; and that the inability to do so would con- options and scenarios for each system. (ii) to that end, the United States is com- stitute a threat to United States national se- (vi) A summary of the measures that could mitted to maintaining United States nuclear curity interests. help to distinguish each system listed under weapons laboratories and preserving the core (3) Reductions.—(A) The New START Trea- clause (i) from nuclear systems and reduce nuclear weapons competencies therein; and ty shall not enter into force until instru- the risks of misinterpretation and of a re- (iii) the United States is committed to pro- ments of ratification have been exchanged in sulting claim that such systems might alter viding the resources needed to achieve these accordance with Article XIV of the New strategic stability. objectives, at a minimum at the levels set START Treaty. (B) The report under subparagraph (A) may forth in the President’s 10-year plan provided (B) If, prior to the entry into force of the be supplemented by a classified annex. to the Congress pursuant to section 1251 of New START Treaty, the President plans to (C) If, at any time after the New START the National Defense Authorization Act for implement reductions of United States stra- Treaty enters into force, the President deter- Fiscal Year 2010 (Public Law 111–84). tegic nuclear forces below those currently mines that deployment of conventional war- (B) If appropriations are enacted that fail planned and consistent with the Treaty Be- heads on ICBMs or SLBMs is required at lev- to meet the resource requirements set forth tween the United States of America and the els that cannot be accommodated within the in the President’s 10-year plan, or if at any Russian Federation on Strategic Offensive limits in Article II of the New START Trea- time more resources are required than esti- Reductions, signed at Moscow on May 24, ty while sustaining a robust United States mated in the President’s 10-year plan, the 2002 (commonly referred to as ‘‘the Moscow nuclear triad, then the President shall im- President shall submit to Congress, within 60 Treaty’’), then the President shall— mediately consult with the Senate regarding days of such enactment or the identification (i) consult with the Senate regarding the the reasons for such determination. of the requirement for such additional re- effect of such reductions on the national se- (7) UNITED STATES TELEMETRIC INFORMA- sources, as appropriate, a report detailing— curity of the United States; and TION.—In implementing Article IX of the (i) how the President proposes to remedy (ii) take no such reductions until the New START Treaty, Part Seven of the Pro- the resource shortfall; President submits to the Senate the Presi- tocol, and the Annex on Telemetric Informa- (ii) if additional resources are required, the dent’s determination that such reductions tion to the Protocol, prior to agreeing to proposed level of funding required and an are in the national security interest of the provide to the Russian Federation any identification of the stockpile work, cam- United States. amount of telemetric information on a paign, facility, site, asset, program, oper- (4) TIMELY WARNING OF BREAKOUT.—If the United States test launch of a convention- ation, activity, construction, or project for President determines, after consultation ally armed prompt global strike system, the which additional funds are required; with the Director of National Intelligence, President shall certify to the Committees on (iii) the impact of the resource shortfall on that the Russian Federation intends to Foreign Relations and Armed Services of the the safety, reliability, and performance of break out of the limits in Article II of the Senate that— United States nuclear forces; and New START Treaty, the President shall im- (A) the provision of United States tele- (iv) whether and why, in the changed cir- mediately inform the Committees on For- metric information— cumstances brought about by the resource eign Relations and Armed Services of the (i) consists of data that demonstrate that shortfall, it remains in the national interest Senate, with a view to determining whether such system is not subject to the limits in of the United States to remain a Party to circumstances exist that jeopardize the su- Article II of the New START Treaty; or the New START Treaty. preme interests of the United States, such (10) ANNUAL REPORT.—As full and faithful (ii) would be provided in exchange for sig- that withdrawal from the New START Trea- implementation is key to realizing the bene- nificant telemetric information regarding a ty may be warranted pursuant to paragraph fits of the New START Treaty, the President weapon system not listed in paragraph 8 of 3 of Article XIV of the New START Treaty. shall submit a report to the Committees on Article III of the New START Treaty, or a (5) UNITED STATES MISSILE DEFENSE TEST Foreign Relations and Armed Services of the system not deployed by the Russian Federa- TELEMETRY.—Prior to entry into force of the Senate not later than January 31 of each tion prior to December 5, 2009; New START Treaty, the President shall cer- year beginning with January 31, 2012, which (B) it is in the national security interest of tify to the Senate that the New START will provide— the United States to provide such telemetric Treaty does not require, at any point during (A) details on each Party’s reductions in information; and which it will be in force, the United States strategic offensive arms between the date (C) provision of such telemetric informa- to provide to the Russian Federation tele- the New START Treaty entered into force tion will not undermine the effectiveness of metric information under Article IX of the and December 31, 2011, or, in subsequent re- such system. New START Treaty, Part Seven of the Pro- ports, during the previous year; (8) BILATERAL CONSULTATIVE COMMISSION.— tocol, and the Annex on Telemetric Informa- (B) a certification that the Russian Fed- Not later than 15 days before any meeting of tion to the Protocol for the launch of— eration is in compliance with the terms of (A) any missile defense interceptor, as de- the Bilateral Consultative Commission to the New START Treaty, or a detailed discus- fined in paragraph 44 of Part One of the Pro- consider a proposal for additional measures sion of any noncompliance by the Russian tocol to the New START Treaty; to improve the viability or effectiveness of Federation; (B) any satellite launches, missile defense the New START Treaty or to resolve a ques- (C) a certification that any conversion and sensor targets, and missile defense intercept tion related to the applicability of provisions elimination procedures adopted pursuant to targets, the launch of which uses the first of the New START Treaty to a new kind of Article VI of the New START Treaty and stage of an existing type of United States strategic offensive arm, the President shall Part Three of the Protocol have not resulted ICBM or SLBM listed in paragraph 8 of Arti- consult with the Chairman and ranking mi- in ambiguities that could defeat the object cle III of the New START Treaty; or nority member of the Committee on Foreign and purpose of the New START Treaty, or— (C) any missile described in clause (a) of Relations of the Senate with regard to (i) a list of any cases in which a conversion paragraph 7 of Article III of the New START whether the proposal, if adopted, would con- or elimination procedure that has been dem- Treaty. stitute an amendment to the New START onstrated by Russia within the framework of (6) CONVENTIONAL PROMPT GLOBAL STRIKE.— Treaty requiring the advice and consent of the Bilateral Consultative Commission re- (A) The Senate calls on the executive branch the Senate, as set forth in Article II, section mains ambiguous or does not achieve the to clarify its planning and intent in devel- 2, clause 2 of the Constitution of the United goals set forth in paragraph 2 or 3 of Section oping future conventionally armed, stra- States. I of Part Three of the Protocol; and tegic-range weapon systems. To this end, (9) UNITED STATES COMMITMENTS ENSURING (ii) a comprehensive explanation of steps prior to the entry into force of the New THE SAFETY, RELIABILITY, AND PERFORMANCE the United States has taken with respect to START Treaty, the President shall provide a OF ITS NUCLEAR FORCES.—(A) The United each such case; report to the Committees on Armed Services States is committed to ensuring the safety, (D) an assessment of the operation of the and Foreign Relations of the Senate con- reliability, and performance of its nuclear New START Treaty’s transparency mecha- taining the following: forces. It is the sense of the Senate that— nisms, including— (i) A list of all conventionally armed, stra- (i) the United States is committed to pro- (i) the extent to which either Party tegic-range weapon systems that are cur- ceeding with a robust stockpile stewardship encrypted or otherwise impeded the collec- rently under development. program, and to maintaining and modern- tion of telemetric information; and (ii) An analysis of the expected capabilities izing the nuclear weapons production capa- (ii) the extent and usefulness of exchanges of each system listed under clause (i). bilities and capacities, that will ensure the of telemetric information; and

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23474 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 (E) an assessment of whether a strategic that it is the policy of the United States to English-language numbering), for the pur- imbalance exists that endangers the national continue development and deployment of poses of the New START Treaty, specifically security interests of the United States. United States missile defense systems to de- including the limits in Article II of the New (11) STRATEGIC NUCLEAR DELIVERY VEHI- fend against missile threats from nations START Treaty; CLES.—Prior to the entry into force of the such as North Korea and Iran, including (C) if either Party should produce a rail- New START Treaty, the President shall cer- qualitative and quantitative improvements mobile ICBM system, the Bilateral Consult- tify to the Senate that the President intends to such systems. Such systems include all ative Commission would address the applica- to— phases of the Phased Adaptive Approach to tion of other parts of the New START Treaty (A) modernize or replace the triad of stra- missile defenses in Europe, the moderniza- to that system, including Articles III, IV, VI, tegic nuclear delivery systems: a heavy tion of the Ground-based Midcourse Defense VII, and XI of the New START Treaty and bomber and air-launched cruise missile, an system, and the continued development of relevant portions of the Protocol and the An- ICBM, and an SSBN and SLBM; and the two-stage Ground-Based Interceptor as a nexes to the Protocol; and (B) maintain the United States rocket technological and strategic hedge. The (D) an agreement reached pursuant to sub- motor industrial base. United States believes that these systems do paragraph (C) is subject to the requirements (12) TACTICAL NUCLEAR WEAPONS.—(A) Prior not and will not threaten the strategic bal- of Article XV of the New START Treaty and, to the entry into force of the New START ance with the Russian Federation. Con- specifically, if an agreement pursuant to Treaty, the President shall certify to the sequently, while the United States cannot subparagraph (C) creates substantive rights Senate that— circumscribe the sovereign rights of the Rus- or obligations that differ significantly from (i) the United States will seek to initiate, sian Federation under paragraph 3 of Article those in the New START Treaty regarding a following consultation with NATO allies but XIV of the Treaty, the United States be- ‘‘mobile launcher of ICBMs’’ as defined in not later than one year after the entry into lieves continued improvement and deploy- Part One of the Protocol to the New START force of the New START Treaty, negotia- ment of United States missile defense sys- Treaty, such agreement will be considered an tions with the Russian Federation on an tems do not constitute a basis for ques- amendment to the New START Treaty pur- agreement to address the disparity between tioning the effectiveness and viability of the suant to Paragraph 1 of Article XV of the the non-strategic (tactical) nuclear weapons Treaty, and therefore would not give rise to New START Treaty and will be submitted to stockpiles of the Russian Federation and of circumstances justifying the withdrawal of the Senate for its advice and consent to rati- the United States and to secure and reduce the Russian Federation from the Treaty. fication. tactical nuclear weapons in a verifiable man- (b) UNDERSTANDINGS.—The advice and con- (3) STRATEGIC-RANGE, NON-NUCLEAR WEAPON ner; and sent of the Senate to the ratification of the SYSTEMS.—It is the understanding of the (ii) it is the policy of the United States New START Treaty is subject to the fol- United States that— that such negotiations shall not include de- lowing understandings, which shall be in- (A) future, strategic-range non-nuclear fensive missile systems. cluded in the instrument of ratification: weapon systems that do not otherwise meet (B) Not later than one year after the entry (1) MISSILE DEFENSE.—It is the under- the definitions of the New START Treaty into force of the New START Treaty, and an- standing of the United States that— will not be ‘‘new kinds of strategic offensive nually thereafter for the duration of the New (A) the New START Treaty does not im- arms’’ subject to the New START Treaty; START Treaty or until the conclusion of an pose any limitations on the deployment of (B) nothing in the New START Treaty re- agreement pursuant to subparagraph (A), the missile defenses other than the requirements stricts United States research, development, President shall submit to the Committees on of paragraph 3 of Article V of the New testing, and evaluation of strategic-range, Foreign Relations and Armed Services of the START Treaty, which states, ‘‘Each Party non-nuclear weapons, including any weapon Senate a report— shall not convert and shall not use ICBM that is capable of boosted aerodynamic (i) detailing the steps taken to conclude launchers and SLBM launchers for place- flight; the agreement cited in subparagraph (A); and ment of missile defense interceptors therein. (C) nothing in the New START Treaty pro- (ii) analyzing the reasons why such an Each Party further shall not convert and hibits deployments of strategic-range non- agreement has not yet been concluded. shall not use launchers of missile defense nuclear weapon systems; and (C) Recognizing the difficulty the United interceptors for placement of ICBMs and (D) the addition to the New START Treaty States has faced in ascertaining with con- SLBMs therein. This provision shall not of— fidence the number of tactical nuclear weap- apply to ICBM launchers that were con- (i) any limitations on United States re- ons maintained by the Russian Federation verted prior to signature of this Treaty for search, development, testing, and evaluation and the security of those weapons, the Sen- placement of missile defense interceptors of strategic-range, non-nuclear weapon sys- ate urges the President to engage the Rus- therein.’’; tems, including any weapon that is capable sian Federation with the objectives of— (B) any additional New START Treaty lim- of boosted aerodynamic flight; or (i) establishing cooperative measures to itations on the deployment of missile de- (ii) any prohibition on the deployment of give each Party to the New START Treaty fenses beyond those contained in paragraph 3 such systems, including any such limitations improved confidence regarding the accurate of Article V, including any limitations or prohibitions agreed under the auspices of accounting and security of tactical nuclear agreed under the auspices of the Bilateral the Bilateral Consultative Commission, weapons maintained by the other Party; and Consultative Commission, would require an would require an amendment to the New (ii) providing United States or other inter- amendment to the New START Treaty which START Treaty which may enter into force national assistance to help the Russian Fed- may enter into force for the United States for the United States only with the advice eration ensure the accurate accounting and only with the advice and consent of the Sen- and consent of the Senate, as set forth in Ar- security of its tactical nuclear weapons. ate, as set forth in Article II, section 2, ticle II, section 2, clause 2 of the Constitu- (13) DESIGN AND FUNDING OF CERTAIN FACILI- clause 2 of the Constitution of the United tion of the United States. TIES.—Prior to the entry into force of the States; (c) DECLARATIONS.—The advice and consent New START Treaty, the President shall cer- (C) the April 7, 2010, unilateral statement of the Senate to the ratification of the New tify to the Senate that the President intends by the Russian Federation on missile defense START Treaty is subject to the following to— does not impose a legal obligation on the declarations, which express the intent of the (A) accelerate to the extent possible the United States; and Senate: design and engineering phase of the Chem- (D) the preamble of the New START Trea- (1) MISSILE DEFENSE.—(A) It is the sense of istry and Metallurgy Research Replacement ty does not impose a legal obligation on the the Senate that— (CMRR) building and the Uranium Proc- Parties. (i) pursuant to the National Missile De- essing Facility (UPF); and (2) RAIL-MOBILE ICBMS.—It is the under- fense Act of 1999 (Public Law 106–38), it is the (B) request full funding, including on a standing of the United States that— policy of the United States ‘‘to deploy as multi-year basis as appropriate, for the (A) any rail-mobile-launched ballistic mis- soon as is technologically possible an effec- Chemistry and Metallurgy Research Re- sile with a range in excess of 5,500 kilometers tive National Missile Defense system capable placement building and the Uranium Proc- would be an ICBM, as the term is defined in of defending the territory of the United essing Facility upon completion of the de- paragraph 37 of Part One of the Protocol (in States against limited ballistic missile at- sign and engineering phase for such facili- the English-language numbering), for the tack (whether accidental, unauthorized, or ties. purposes of the New START Treaty, specifi- deliberate)’’; (14) EFFECTIVENESS AND VIABILITY OF NEW cally including the limits in Article II of the (ii) defenses against ballistic missiles are START TREATY AND UNITED STATES MISSILE DE- New START Treaty; essential for new deterrent strategies and for FENSES.—Prior to the entry into force of the (B) an erector-launcher mechanism for new strategies should deterrence fail; and New START Treaty, the President shall cer- launching an ICBM and the railcar or flatcar (iii) further limitations on the missile de- tify to the Senate, and at the time of the ex- on which it is mounted would be an ICBM fense capabilities of the United States are change of instruments of ratification shall launcher, as the term is defined in paragraph not in the national security interest of the communicate to the Russian Federation, 28 of Part One of the Protocol (in the United States.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23475 (B) The New START Treaty and the April contribution to the security and elimination ment or understanding which in any mate- 7, 2010, unilateral statement of the Russian of weapons of mass destruction, including rial way modifies, amends, or reinterprets Federation on missile defense do not limit in nuclear weapons and materials in Russia and United States or Russian obligations under any way, and shall not be interpreted as lim- elsewhere, and that the President should the New START Treaty, including the time iting, activities that the United States Gov- continue the global CTR Program and CTR frame for implementation of the New START ernment currently plans or that might be re- assistance to Russia, including for the pur- Treaty, should be submitted to the Senate quired over the duration of the New START pose of facilitating implementation of the for its advice and consent to ratification. Treaty to protect the United States pursuant New START Treaty. (10) CONSULTATIONS.—Given the continuing to the National Missile Defense Act of 1999, (5) ASYMMETRY IN REDUCTIONS.—It is the interest of the Senate in the New START or to protect United States Armed Forces sense of the Senate that, in conducting the Treaty and in strategic offensive reductions and United States allies from limited bal- reductions mandated by the New START to the lowest possible levels consistent with listic missile attack, including further Treaty, the President should regulate reduc- national security requirements and alliance planned enhancements to the Ground-based tions in United States strategic offensive obligations of the United States, the Senate Midcourse Defense system and all phases of arms so that the number of accountable stra- expects the President to consult with the the Phased Adaptive Approach to missile de- tegic offensive arms under the New START Senate prior to taking actions relevant to fense in Europe. Treaty possessed by the Russian Federation paragraphs 2 or 3 of Article XIV of the New (C) Given its concern about missile defense in no case exceeds the comparable number of START Treaty. issues, the Senate expects the executive accountable strategic offensive arms pos- (11) FURTHER STRATEGIC ARMS REDUC- branch to offer regular briefings, not less sessed by the United States to such an ex- TIONS.— (A) Recognizing the obligation under Arti- than twice each year, to the Committees on tent that a strategic imbalance endangers cle VI of the Treaty on the Non-Proliferation Foreign Relations and Armed Services of the the national security interests of the United of Nuclear Weapons, done at Washington, Senate on all missile defense issues related States. London, and Moscow on July 1, 1968, ‘‘to pur- to the New START Treaty and on the (6) COMPLIANCE.—(A) The New START sue negotiations in good faith on effective progress of United States-Russia dialogue Treaty will remain in the interests of the measures relating to cessation of the nuclear and cooperation regarding missile defense. United States only to the extent that the arms race at an early date and to nuclear (2) DEFENDING THE UNITED STATES AND AL- Russian Federation is in strict compliance disarmament and on a treaty on general and LIES AGAINST STRATEGIC ATTACK.—It is the with its obligations under the New START complete disarmament under strict and ef- sense of the Senate that— Treaty. fective international control,’’ and in antici- (A) a paramount obligation of the United (B) Given its concern about compliance pation of the ratification and entry into States Government is to provide for the de- issues, the Senate expects the executive force of the New START Treaty, the Senate fense of the American people, deployed mem- branch to offer regular briefings, not less calls upon the other nuclear weapon states bers of the United States Armed Forces, and than four times each year, to the Commit- to give careful and early consideration to United States allies against nuclear attacks tees on Foreign Relations and Armed Serv- corresponding reductions of their own nu- to the best of its ability; ices of the Senate on compliance issues re- clear arsenals. (B) policies based on ‘‘mutual assured de- lated to the New START Treaty. Such brief- (B) The Senate declares that further arms struction’’ or intentional vulnerability can ings shall include a description of all United reduction agreements obligating the United be contrary to the safety and security of States efforts in United States-Russian dip- States to reduce or limit the Armed Forces both countries, and the United States and lomatic channels and bilateral fora to re- or armaments of the United States in any the Russian Federation share a common in- solve any compliance issues and shall in- militarily significant manner may be made terest in moving cooperatively as soon as clude, but would not necessarily be limited only pursuant to the treaty-making power of possible away from a strategic relationship to, a description of— the President as set forth in Article II, sec- based on mutual assured destruction; (i) any compliance issues the United States tion 2, clause 2 of the Constitution of the (C) in a world where biological, chemical, plans to raise with the Russian Federation United States. and nuclear weapons and the means to de- at the Bilateral Consultative Commission, in (12) MODERNIZATION AND REPLACEMENT OF liver them are proliferating, strategic sta- advance of such meetings; and UNITED STATES STRATEGIC DELIVERY VEHI- bility can be enhanced by strategic defensive (ii) any compliance issues raised at the Bi- CLES.—In accordance with paragraph 1 of Ar- measures; lateral Consultative Commission, within ticle V of the New START Treaty, which (D) accordingly, the United States is and thirty days of such meetings. states that, ‘‘Subject to the provisions of will remain free to reduce the vulnerability (7) EXPANSION OF STRATEGIC ARSENALS IN this Treaty, modernization and replacement to attack by constructing a layered missile COUNTRIES OTHER THAN RUSSIA.—It is the of strategic offensive arms may be carried defense system capable of countering mis- sense of the Senate that if, during the time out,’’ it is the sense of the Senate that siles of all ranges; the New START Treaty remains in force, the United States deterrence and flexibility is (E) the United States will welcome steps President determines that there has been an assured by a robust triad of strategic deliv- by the Russian Federation also to adopt a expansion of the strategic arsenal of any ery vehicles. To this end, the United States fundamentally defensive strategic posture country not party to the New START Treaty is committed to accomplishing the mod- that no longer views robust strategic defen- so as to jeopardize the supreme interests of ernization and replacement of its strategic sive capabilities as undermining the overall the United States, then the President should nuclear delivery vehicles, and to ensuring strategic balance, and stands ready to co- consult on an urgent basis with the Senate the continued flexibility of United States operate with the Russian Federation on stra- to determine whether adherence to the New conventional and nuclear delivery systems. tegic defensive capabilities, as long as such START Treaty remains in the national in- cooperation is aimed at fostering and in no terest of the United States. The VICE PRESIDENT. Under the way constrains the defensive capabilities of (8) TREATY INTERPRETATION.—The Senate previous order, the President will be both sides; and affirms the applicability to all treaties of immediately notified of the Senate’s (F) the United States is committed to im- the constitutionally based principles of trea- consent to the resolution of ratifica- proving United States strategic defensive ca- ty interpretation set forth in condition (1) of tion. pabilities both quantitatively and quali- the resolution of advice and consent to the Mr. ENZI. Mr. President, I rise today tatively during the period that the New ratification of the Treaty Between the to explain why I voted against the New START Treaty is in effect, and such im- United States of America and the Union of START treaty. The U.S. Senate is the provements are consistent with the Treaty. Soviet Socialist Republics on the Elimi- deliberative body of Congress. Our fore- (3) CONVENTIONALLY ARMED, STRATEGIC- nation of Their Intermediate-Range and fathers created the Senate so issues of RANGE WEAPON SYSTEMS.—Consistent with Shorter Range Missiles, together with the statements made by the United States that related memorandum of understanding and this magnitude are thoroughly consid- such systems are not intended to affect stra- protocols (commonly referred to as the ‘‘INF ered with all of the facts and with a tegic stability with respect to the Russian Treaty’’), approved by the Senate on May 27, careful eye on all possible future con- Federation, the Senate finds that conven- 1988, and condition (8) of the resolution of ad- sequences. With previous treaties of tionally armed, strategic-range weapon sys- vice and consent to the ratification of the this magnitude, the full Senate has tems not co-located with nuclear-armed sys- Document Agreed Among the States Parties been allowed over a full year to con- tems do not affect strategic stability be- to the Treaty on Conventional Armed Forces sider what the treaty would require of tween the United States and the Russian in Europe (CFE) of November 19, 1990 (com- Federation. monly referred to as the ‘‘CFE Flank Docu- not only Russia but also the United (4) NUNN-LUGAR COOPERATIVE THREAT RE- ment’’), approved by the Senate on May 14, States. That hasn’t happened here, and DUCTION.—It is the sense of the Senate that 1997. it is a disconcerting trend. the Nunn-Lugar Cooperative Threat Reduc- (9) TREATY MODIFICATION OR REINTERPRETA- The executive branches of both the tion (CTR) Program has made an invaluable TION.—The Senate declares that any agree- Russian and the U.S. governments

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23476 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 stated they will not take actions dur- all three legs of the nuclear triad—mis- that Russia is doing the same and fol- ing the negotiations of this treaty that siles, submarines, and bombers—must lowing the treaty as closely as our would be contrary to the spirit of the be maintained in order to retain a country will. We should not settle for treaty. Both the Russian and U.S. gov- highly reliable and credible deterrent some verification—we must require full ernments recognize the treaty’s imple- nuclear force. This need is even greater verification. Second best will do the mentation will take time. The need to as we potentially draw down some of United States no good in terms of in- get this treaty right is paramount. our nuclear forces through the New telligence and response capabilities. I am concerned that I haven’t had all START treaty. I have worked with Back in 2002, I traveled to Russia of my specific questions answered other members in the ICBM Coalition with the University of Georgia to talk about the treaty. Although members of and with the administration to encour- about nonproliferation. At that time, I the Foreign Relations Committee have age them to ensure the treaty does not expressed serious concerns not only had the opportunity to consider this harm the triad. I appreciated the infor- about Russia’s capabilities to secure treaty and ask many questions, the full mation provided by the administration their nuclear complex, but also to en- Senate has not had the chance to have on the treaty and the opportunity to sure that their nuclear scientists and all of their questions answered. Forc- meet on this issue during the floor de- their knowledge did not become avail- ing through a treaty without detailed bate. However, I remain deeply con- able to bad actors like al-Qaida. Ensur- scrutiny by the full Senate is not how cerned about the implications the trea- ing that Russia continues to keep their our government should work. ty will have on our country’s national capabilities and know-how secure is Even with post-Cold War threats and security, particularly its potential ef- imperative and cannot be left to second adversaries, the nuclear balance be- fects on the current missile force struc- best. tween the United States and Russia re- ture. Without the specific information Our two nations may approach nu- mains a cornerstone to global non-pro- on how the administration is going to clear agreements with different goals, liferation. That’s why each member of implement the treaty and concrete as- but the fact that the United States and the Senate must determine if he or she surances that the current missile force Russian governments maintain a dia- believes this treaty will make our Na- structure of 450 deployed and non- logue is a highly positive fact. We need tion safer. We can only do so if we have deployed silos be maintained, I remain and want the cooperation of our coun- all the information about the treaty, skeptical of this agreement. terparts in Russia in both bilateral and and we can only make it better if we F.E. Warren Air Force Base in Chey- multilateral efforts. This is high- have the opportunity to fully amend enne, WY, helps the United States lighted in the United Nations Security the treaty. maintain one leg of the triad by oper- Council discussions on nuclear weapons During debate, we were repeatedly ating part of the ICBM force. It is my development in Iran, North Korea, and told that amending the treaty would obligation as a Senator from Wyoming other actors. kill it. That’s just not true. Going back to know what effects this treaty will We want and need to create a safer and forth on treaties is not new. As have on the missile defense missions in world while maintaining our defensive with the original START, which was my home state. I also respect and capabilities for ourselves and our al- signed in 1991, the U.S. Senate did not watch out for the servicemembers in lies. By forcing debate on this treaty accept the first version and required the 90th Space Command and 20th Mis- during the lame duck session, I do not that a better treaty be created. sile Command who work hard to ensure believe we were able to fully address We offered amendments that would our country has a strong missile de- all concerns in the detail that was war- have simply required that Russia be fense. I have not yet been able to get a ranted. We needed to be sure the treaty more involved in the changes this trea- firm commitment from my Senate col- does what we expect it to do without ty will require, stressing the impor- leagues and the administration on a any surprises. I am not convinced we tance to the Russian government to concrete number of missiles that will will not see any surprises in the future. create a safe global atmosphere similar be maintained under this treaty. Thus, I voted against the New START to the United States. Those amend- Furthermore, the treaty will require treaty. ments were rejected. Only two amend- unilateral reductions from the United f ments, one about modernization of the States with no similar requirements nuclear weapons complex and one stat- for Russia. Instead, the Russian gov- NOMINATION OF MARY HELEN ing that missile defense will proceed, ernment is actually given room to MURGUIA TO BE A U.S. CIRCUIT were accepted by unanimous consent. build up its nuclear forces with more JUDGE FOR THE NINTH CIRCUIT The other amendments were either not modern capabilities. The VICE PRESIDENT. Under the considered or failed. It is now up to the Regardless of this agreement, the previous order, the question occurs on Russian Duma to consider the sug- United States has not thoroughly ad- the following nomination, which the gested changes by the Senate’s amend- dressed the modernization of our coun- clerk will report. ments and approve them or not. Both try’s nuclear capabilities. I have spo- The assistant legislative clerk re- countries should be willing to work ken with those involved in the treaty ported the nomination of Mary Helen hard on this front and the best treaties, negotiations regarding U.S. moderniza- Murguia, of Arizona, to be a U.S. Cir- just like legislative bills, are those tion. I was told that the modernization cuit Judge for the Ninth Circuit. that are thoroughly considered by all efforts are in the works and the fund- The VICE PRESIDENT. The Senator involved with a willingness to com- ing for these activities is planned. I from Arizona is recognized. prehensively address all concerns and support this more focused moderniza- Mr. KYL. Mr. President, I support needs. tion approach. Part of the need for U.S. the nomination of Judge Mary Murguia Beyond the issues of Senate proc- modernization is to address our Na- to the Ninth Circuit Court of Appeals. esses, I have concerns about certain tion’s tactical weapons capabilities. As Judge Murguia has served on the provisions in this treaty. It is impos- currently written, the treaty will leave Federal district court in Arizona for a sible to fully consider this treaty with- Russia in a 10–1 advantage in tactical decade and has a distinguished record out being able to review the full nego- nuclear weapons. This is disconcerting that has earned the respect of the legal tiating record, which has not been pro- and modernization must be a priority. community in Arizona. vided to all senators. Summaries have I have concerns about verifiability as Perhaps most telling is the high re- been provided, but summaries do not well. Former Secretary of State James gard in which Judge Murguia is held by include the specific information on Baker has described the treaty’s verifi- her colleagues on the district court; how the full implementation of this cation regime as weaker than its prede- they come from different backgrounds treaty will be done. cessor. If the United States is going to and were appointed by presidents of As a founding member of the Senate make reductions to our capabilities both parties, but they all speak very ICBM Coalition, I strongly believe that under this treaty, we should ensure highly of her.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23477 Judge Murguia was approved by the delayed without explanation or good The clerk will call the roll. Judiciary Committee by a vote of 19 to reason and then confirmed unani- The legislative clerk called the roll. 0. That unanimous vote is an indica- mously. The most outrageous examples Mr. DURBIN. I announce that the tion of the strength of her record. are Judge Barbara Keenan of Virginia, Senator from Wisconsin (Mr. FEIN- Finally, as I mentioned at Judge who was confirmed unanimously to the GOLD), the Senator from Iowa (Mr. Murguia’s hearing, Judge Murguia’s Fourth Circuit, and Judge Denny Chin HARKIN), the Senator from Missouri brother Carlos is the first Latino to of New York, who was confirmed (Mrs. MCCASKILL), the Senator from serve as Federal district court judge in unanimously to the Second Circuit. Michigan (Ms. STABENOW), and the Sen- Kansas. Judge Murguia was the first Both required cloture petitions to end ator from Oregon (Mr. WYDEN) are nec- Latina to be appointed to the Federal the filibusters against their confirma- essarily absent. district court in Arizona and she and tions and then they were each con- Mr. KYL. The following Senators are Carlos are the only brother and sister firmed unanimously. necessarily absent: the Senator from sitting as Federal judges in the United Others confirmed unanimously after Kentucky (Mr. BUNNING), the Senator States. months of delay are Judge James A. from Kansas (Mr. BROWNBACK), the I am confident that Judge Murguia is Wynn, Jr. of North Carolina, who was Senator from Missouri (Mr. BOND), the a person of integrity who will do her finally confirmed to the Fourth Circuit Senator from Tennessee (Mr. ALEX- best to be a fair and objective judge. after almost 6 months of delay; Judge ANDER), the Senator from Kansas (Mr. Mr. President, I ask for the yeas and Albert Diaz of North Carolina, who was ROBERTS), and the Senator from Lou- nays. finally confirmed to the Fourth Circuit isiana (Mr. VITTER). The VICE PRESIDENT. Is there a after almost 11 month’s delay; Judge Further, if present and voting, the sufficient second? Ray Lohier of New York, who was fi- Senator from Kentucky (Mr. BUNNING) There is a sufficient second. nally confirmed to the Second Circuit would have voted ‘‘yea’’ and the Sen- The Senator from Vermont is recog- after almost 8 months of delay; Judge ator from Tennessee (Mr. ALEXANDER) nized. Beverly Martin of Tennessee, who was would have voted ‘‘yea.’’ Mr. LEAHY. Mr. President, today, finally confirmed to the Eleventh Cir- The PRESIDING OFFICER (Mr. the Senate is finally being allowed to cuit after more than 4 months of delay; MERKLEY). Are there any other Sen- consider a judicial nomination that has and James Greenaway of New Jersey, ators in the Chamber desiring to vote? been stalled since August—the nomina- who was finally confirmed to the Third The result was announced—yeas 89, tion of Judge Mary Murguia of Arizona Circuit after almost 4 months of delay. nays 0, as follows: to serve on the United States Court of I expect Scott Matheson of Utah to be [Rollcall Vote No. 299 Ex.] Appeals for the Ninth Circuit. I would confirmed unanimously to the Tenth YEAS—89 understand the resistance to consid- Circuit, but not until there have been 6 Akaka Enzi McConnell ering the nomination if President months of unnecessary delay. I will not Barrasso Feinstein Menendez Obama had selected someone opposed be surprised if Judge Murguia is con- Baucus Franken Merkley by her home state Senators. But both firmed unanimously, or nearly unani- Bayh Gillibrand Mikulski Republican home state Senators sup- Begich Graham Murkowski mously, after 4 unnecessary months of Bennet Grassley Murray port this nomination. Unlike his prede- delay. Bennett Gregg Nelson (NE) cessor, President Obama has worked Examples of district court nominees Bingaman Hagan Nelson (FL) with home state Senators, including who have been delayed for between 3 Boxer Hatch Pryor Brown (MA) Hutchison Reed Republican Senators. Despite all his ef- and 7 months before being confirmed Brown (OH) Inhofe Reid forts, this consensus nominee has been Burr Inouye unanimously are: Judge Kimberly J. Risch Cantwell Isakson stalled for months and months while Mueller of the Eastern District of Cali- Rockefeller Cardin Johanns Sanders awaiting final Senate action. fornia, Judge Catherine Eagles of the Carper Johnson When the nomination was considered Middle District of North Carolina, Casey Kerry Schumer by the Judiciary Committee before the Chambliss Kirk Sessions Judge John A. Gibney, Jr. of the East- Shaheen August recess, it was reported unani- Coburn Klobuchar ern District of Virginia, Judge Ellen Cochran Kohl Shelby mously. Every Republican and every Hollander of the District of Maryland, Collins Kyl Snowe Democrat, all 19 members of the Judi- Judge Susan R. Nelson of the District Conrad Landrieu Specter ciary Committee, voted in favor of her Coons Lautenberg Tester of Minnesota, Judge James Bredar of Thune nomination. Still, she has been stalled Corker Leahy the District of Maryland, Judge Cornyn LeMieux Udall (CO) for months and months. This is part of Carlton Reeves of the Southern Dis- Crapo Levin Udall (NM) the dangerous pattern perpetrated the trict of Mississippi, Judge Edmond DeMint Lieberman Voinovich past two years as President Obama’s Dodd Lincoln Warner Chang of the Northern District of Illi- Dorgan Lugar Webb highly-qualified judicial nominees have nois, Judge Leslie E. Kobayashi of the Durbin Manchin Whitehouse been stalled from final Senate action District of Hawaii, and Judge Denise Ensign McCain Wicker for extended periods. This is another Casper of the District of Massachu- NOT VOTING—11 example of the unnecessary delays that setts. Alexander Feingold Stabenow have led to a judicial vacancies crisis Ten years ago, Mary Murguia became Bond Harkin Vitter throughout the country. Judicial va- the first Latina to serve as a Federal Brownback McCaskill Wyden cancies have skyrocketed to over 100 Judge in Arizona when she was nomi- Bunning Roberts while nominations are forced to lan- nated by President Clinton to serve on The nomination was confirmed. guish without final Senate action. In the U.S. District Court for the District f fact, President Obama’s nominees have of Arizona. She will now become the NOMINATION OF SCOTT M. MATHE- been forced to wait on average six first Hispanic—and only the second SON, JR., TO BE UNITED STATES times longer to be considered than woman—from Arizona to serve on the CIRCUIT JUDGE FOR THE TENTH President Bush’s judicial nominees re- Ninth Circuit. I congratulate Judge CIRCUIT ported by the Judiciary Committee Murguia and her family on her con- during the first 2 years of his Presi- firmation by the Senate today. The PRESIDING OFFICER. Under dency. The VICE PRESIDENT. The yeas and the previous order, the question occurs When the Senate is finally allowed to nays have been ordered. on the following nomination, which the take action, most of his nominations The question is, shall the Senate ad- clerk will report. are confirmed by overwhelming bipar- vise and consent to the nomination of The legislative clerk read the nomi- tisan majorities or unanimously. Final Mary Helen Murguia, of Arizona, to be nation of Scott M. Matheson, Jr., of Senate action on dozens of President a U.S. Circuit Judge for the 9th Cir- Utah, to be United States Circuit Obama’s judicial nominations has been cuit. Judge for the Tenth Circuit.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23478 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 The PRESIDING OFFICER. The chief of staff for then-Ohio attorney the Northern District of Ohio. When question is, Will the Senate advise and general Lee Fisher. Judge O’Malley, a breast cancer sur- consent to the nomination of Scott M. Recognizing her talents, Ohio Sen- vivor, was appointed to that court in Matheson, Jr., of Utah, to be United ators Howard Metzenbaum and John 1994, she was one of the two youngest States Circuit Judge for the Tenth Cir- Glenn recommended her to President women on the Federal bench. She has cuit. Clinton for a place on the Federal been nominated to serve on the U.S. The nomination was confirmed. bench. Court of Appeals for the Federal Cir- The PRESIDING OFFICER. Under On September 20, 1994, President cuit. The Judiciary Committee unani- the previous order, the motion to re- Clinton nominated her to serve on the mously reported her nomination to the consider is considered made and laid Federal bench as a U.S. district judge Federal Circuit in September, 3 months upon the table, and the President shall for the Northern District of Ohio. ago. The Committee received a letter be immediately notified of the Senate’s When she began her service in the of support from Senator VOINOVICH, action. Northern District of Ohio, Judge who urged an expeditious confirmation O’Malley was among the youngest process. It has still taken 3 months to f judges serving on the Federal bench. get a Senate vote. EXECUTIVE CALENDAR Since then, she has served the North- The Senate is finally being allowed ern District of Ohio with distinction. to fill some of the vacancies on the The PRESIDING OFFICER. Under In addition to having a great legal hard-pressed U.S. District Court for the the previous order, the following nomi- mind, she is an innovator. She has District of Columbia. The Judiciary nations are considered and confirmed spearheaded national efforts to inte- Committee unanimously reported the en bloc: Calendar No. 1119, No. 1120, and grate cutting edge technologies into nominations of Beryl Howell and Rob- No. 1139. The motions to reconsider are courtrooms—ensuring that the admin- ert Wilkins back in September. It has considered made and laid upon the istration of justice is equal, fair, and taken 3 months to get Senate votes. table en bloc, and the President shall open for all who seek it. The chief judge of the District Court be immediately notified of the Senate’s Judge O’Malley will make an out- for the District of Columbia wrote the action. standing judge on the U.S. court of ap- Senate some time ago urging prompt The nominations considered and con- peals for the Federal circuit, and I con- action to fill the four vacancies that firmed en bloc are as follows: gratulate her on her confirmation. exist on that Court. THE JUDICIARY Mr. LEAHY. Mr. President, at long There was a time when having served Kathleen M. O’Malley, of Ohio, to be last, the Senate is being allowed to for 10 years as a respected member of United States Circuit Judge for the Federal consider long-pending, consensus judi- the Judiciary Committee staff would Circuit. cial nominations. This action has been lead to expeditious consideration of a Beryl Alaine Howell, of the District of Co- long overdue. President Obama has nomination. For example, when Kristi lumbia, to be United States District Judge reached out and worked with Senators Lee Dubose of Alabama, who had for the District of Columbia. from both sides of the aisle in selecting served on Senator Sessions’ Judiciary Robert Leon Wilkins, of the District of Co- well-qualified judicial nominees. As lumbia, to be United States District Judge Committee staff, was nominated, her for the District of Columbia. chairman of the Judiciary Committee, hearing was expedited despite the lack I have bent over backwards to be fair of an ABA peer review, her nomination Mr. BROWN of Ohio. Mr. President, I to all sides. There has been consulta- am very pleased that the Senate has was reported by the committee within tion and a thorough and fair process 2 days of her hearing and that nomina- voted to confirm Judge Kathleen for evaluating nominations. tion was then confirmed promptly. In- McDonald O’Malley to the U.S. court of Scott M. Matheson is finally being deed, the time Judge Dubose’s ques- appeals for the Federal circuit. confirmed to become a Federal circuit tionnaire was received by the com- The Nation’s gain is Ohio’s loss. But judge for the U.S. Court of Appeals for mittee to the date of her confirmation it is also a proud day for us. the Tenth Circuit. In his 30-year legal was 61 days, which includes a 3-week As a child Kate was blessed with wis- career, he has been both a State and a recess period. dom beyond her years. At the age of 12 Federal prosecutor, worked in private By contrast, Ms. Howell’s nomina- she was asked what she wanted to be practice, and served on the faculty of tion was delayed after her hearing for when she grew up. She replied that she the S.J. Quinney College of Law at the 57 days before the committee was al- wanted to become a Federal judge. University of Utah, including 8 years lowed to vote and has been stalled for And she excelled in school—high as the school’s dean. The Judiciary 89 days on the Senate Executive Cal- school, college, and law school. She Committee unanimously reported his endar. Since her questionnaire was re- graduated Phi Beta Kappa from nomination on June 10, more than 6 ceived by the committee, it has been Kenyon College in 1979 and first in her months ago. We did so unanimously. 160 days. This is no reflection on Ms. class at Case Western Reserve Law The Republican Senators from Utah Howell, whose credentials, work experi- School in 1982. supported this nomination. It has still ence, temperament, and qualifications After law school she clerked for the taken more than 6 months to get a are beyond reproach. Sixth Circuit Court of Appeals for the Senate vote. There are more than a dozen addi- distinguished Judge Nathaniel R. Ten years ago, Mary Murguia became tional consensus judicial nominations Jones, who is one of her major influ- the first Latina to serve as a Federal that have been through the entire proc- ences and who considers Kate to be like judge in Arizona when she was nomi- ess but are being denied a final vote. I family. nated by President Clinton to serve on know of no precedent for this. Indeed, After her clerkship with Judge Jones, the U.S. District Court for the District in the lameduck session at the end of Judge O’Malley spent several years in of Arizona. She will now become the President Bush’s second year in office, private practice, where she gained in- first Hispanic—and only the second we proceeded to report and confirm valuable experience representing nu- woman—from Arizona to serve on the controversial circuit court nominees. merous large corporations in addition Ninth Circuit. The Judiciary Com- That the Senate is not being allowed to to medium-sized and small businesses. mittee unanimously voted to report consider these consensus nominees is a She became an expert in complex her nomination favorably more than 4 shame and an unnecessary burden on corporate litigation, patent and intel- months ago. Judge Murguia’s nomina- them and their families and for the lectual property cases—experience that tion was supported by her home State courts and people they would serve. It will serve her well as a Circuit Judge in Senators, both Republicans. It has still is a travesty that all of the well-quali- the Federal circuit. taken more than 4 months to get a fied nominees favorably reported by She translated her private sector ex- Senate vote. the Judiciary Committee could not be perience into a distinguished career in Kathleen M. O’Malley has for the last confirmed before this Congress ad- public service as chief counsel and 16 years served as a Federal judge in journs. That is what we did when we

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.001 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23479 confirmed 100 judicial nominees of U.S. District Court for the District of cancy on the U.S. District Court for President Bush in 2001 and 2002. All 100 Columbia. Since 2002, Judge Boasberg the Western District of Arkansas. Mr. of the nominees reported favorably by has served as a judge on the Superior Holmes is currently of counsel at the the Judiciary Committee received Sen- Court of the District of Columbia, a po- Fort Smith, AR, law firm where he for- ate votes and were confirmed—all 100. sition to which he was appointed by merly worked for more than two dec- They include 20 during the lameduck President George W. Bush. Previously, ades as an associate and a partner. Pre- session that year and circuit court Judge Boasberg was a Federal pros- viously, he was the U.S. attorney for nominees reported after the election. ecutor and an attorney in private prac- the Western District of Arkansas. As This year, consensus nominees are tice. The ABA Standing Committee on U.S. attorney, Holmes served for 2 not being allowed to be considered. the Federal Judiciary rated him unani- years on the Attorney General’s Advi- These nominees include one unani- mously ‘‘well qualified,’’ its highest sory Committee. Mr. Holmes earned mously reported circuit court nominee possible rating, to become a Federal the highest possible rating—unani- and another circuit court nominee sup- judge. His nomination was reported mously ‘‘well qualified’’—from the ported by 17 of the 19 Senators on the unanimously by the Judiciary Com- ABA Standing Committee on the Fed- Judiciary Committee. mittee. eral Judiciary, and he has the strong President Obama has nominated Amy Berman Jackson was nominated support of his two home State Sen- James E. Graves to fill one of two to fill the other current vacancy on the ators. His nomination was reported emergency vacancies on the Fifth Cir- U.S. District Court for the District of unanimously by the Judiciary Com- cuit. Currently, Justice Graves is the Columbia. Ms. Jackson is currently a mittee. only African American on the Mis- partner at the Washington, D.C., law Anthony J. Battaglia was nominated sissippi Supreme Court. If confirmed, firm Trout Cacheris.? Previously, she to become a Federal judge on the U.S. he would be the second African Amer- was a partner in Venable’s Washington, District Court for the Southern Dis- ican to sit on the Fifth Circuit, the D.C., office, and she also served as a trict of California, the court he has first from Mississippi. His nomination Federal prosecutor in the District of served as a magistrate Judge for 17 has the strong support of both of his Columbia. Ms. Jackson earned the years. He is a former president of the Republican home State Senators. The highest possible rating, unanimously Federal Magistrate Judges Association ABA Standing Committee on the Fed- ‘‘well qualified,’’ from the ABA Stand- and of the San Diego County Bar Asso- ing Committee on the Federal Judici- eral Judiciary unanimously rated him ciation. Prior to taking the bench, ary. Her nomination was reported ‘‘well qualified’’, its highest possible Judge Battaglia worked for nearly two unanimously by the Judiciary Com- rating. The Judiciary Committee re- decades as a civil litigator in private mittee. practice. He has the strong support of ported him unanimously. Yet he is not President Obama nominated James both of his home State Senators, and being allowed a vote. E. Shadid to fill an emergency vacancy Susan Carney is nominated to fill one on the U.S. District Court for the Cen- the ABA Standing Committee on the of 3 emergency vacancies on the Sec- tral District of Illinois, a court that Federal Judiciary gave him its highest ond Circuit. After working for 17 years currently has only one active judge. possible rating, unanimously ‘‘well in private practice, she served as asso- Judge Shadid is currently a judge on qualified.’’ His nomination was re- ciate general counsel of the Peace the Tenth Judicial Circuit in Peoria ported unanimously by the Judiciary Corps, and she is currently the deputy County, IL. Previously, he was a sole Committee. Judge Edward J. Davila was nomi- general counsel of Yale University. Ms. practitioner in Peoria, a part-time nated to fill an emergency vacancy on Carney’s nomination has the strong commissioner on the Illinois Court of support of both of her home State Sen- Claims, and a part-time assistant pub- the U.S. District Court for the North- ators. Her nomination was reported lic defender in the Peoria County Pub- ern District of California. Currently a with the support of five of the seven lic Defender’s Office. When he was ap- judge on the Superior Court of Cali- Republicans serving on the Judiciary pointed to serve as a State judge, fornia, Judge Davila previously spent Committee and by a vote of 17 to 2. She Judge Shadid became the first Arab- 20 years as a trial lawyer, first as a is not being allowed a vote. American judge in Illinois. He will be- deputy public defender in the Santa There are 13 more district court come the only Federal Arab-American Clara County Public Defender’s Office nominees who were reported unani- judge in the State and one of only ap- and then as a lawyer in private prac- mously by the Judiciary Committee proximately four Arab-American Fed- tice. He also has taught trial advocacy that the Senate is not being allowed to eral judges in the country. His nomina- course sessions at Stanford Law consider. tion was reported unanimously by the School, Santa Clara University School President Obama nominated Amy Judiciary Committee. of Law, and the University of San Totenberg to fill an emergency va- Sue E. Myerscough was also nomi- Francisco School of Law. If confirmed, cancy on the U.S. District Court for nated to fill an emergency vacancy on Judge Davila will become the first the Northern District of Georgia in the U.S. District Court for the Central Latino to take the Federal bench in March. Ms. Totenberg’s nomination District of Illinois. She is currently the the Bay area in more than 15 years. He has the support of her two Republican presiding justice on the Fourth Dis- has the strong support of his two home home state Senators. Currently a law- trict Appellate Court of Illinois, and State Senators. His nomination was re- yer in private practice in Atlanta, she she previously sat on the Seventh Judi- ported unanimously by the Judiciary also serves as a special master for the cial Circuit of Illinois, first as asso- Committee. U.S. District Court for the District of ciate judge and then as circuit judge. President Obama nominated Diana Maryland and as a court-appointed me- In all, Justice Myerscough has more Saldana to fill an emergency vacancy diator for the U.S. District Court for than 23 years of judicial experience. in the Southern District of Texas, the the District of Columbia. Previously, She also serves as an adjunct associate district she has served as a magistrate she was general counsel to the Atlanta professor in the Department of Medical judge since 2006. Before taking the Board of Education and a part-time Humanities at the Southern Illinois bench, Judge Saldana served the municipal court judge. She earned the University School of Medicine. Justice Southern District for 5 years as a Fed- highest possible rating, unanimously Myerscough was first nominated to eral prosecutor, and she previously was ‘‘well qualified,’’ from the ABA Stand- serve as a Federal judge in 1995, but her a lawyer in private practice and a trial ing Committee on the Federal Judici- nomination was returned to the Presi- attorney in the Civil Rights Division of ary. Her nomination was reported dent after the Senate failed to act on the U.S. Department of Justice. The unanimously by the Judiciary Com- it. Her nomination was reported unani- child of migrant farm workers, Judge mittee. mously by the Judiciary Committee. Saldana began working alongside her James E. Boasberg was nominated to President Obama nominated Paul K. family in the sugar beet fields at age fill another of the vacancies on the Holmes, III, to fill an emergency va- 10, and she continued to do so for more

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23480 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 than a decade. After graduating from siding judge on the Felony Drug Court RECOGNITION OF THE MINORITY law school, she served as a law clerk to as well. Previously, he was a judge on LEADER then-Chief Judge George P. Kazen. If the Athens-Clarke County Municipal The PRESIDING OFFICER. The Re- confirmed, Judge Saldana will fill the Court and an assistant district attor- publican leader. vacancy created by Judge Kazen’s re- ney for the Western Judicial Circuit. tirement. Judge Saldana earned the Judge Jones was the first African f highest possible rating—unanimously American to serve the Western Judicial FIRST RESPONDERS BILL ‘‘well qualified’’—from the ABA Stand- Circuit as a superior court judge. He Mr. MCCONNELL. Mr. President, I ing Committee on the Federal Judici- will be the only active African-Amer- am delighted the Senate was able to ary. She has the strong support of her ican judge on the Northern District of reach an agreement to provide health two Republican home State Senators. Georgia and one of only two active Af- care for the men and women who Senator CORNYN called her ‘‘one of the rican-American judges in the State. helped in the rescue, recovery, and toughest law enforcers in South Judge Jones earned the highest pos- cleanup efforts after the 9/11 attacks. Texas,’’ and Senator HUTCHISON added sible rating—unanimously ‘‘well quali- In the years since then, as we all that Judge Saldana ‘‘has some of the fied’’—from the ABA Standing Com- know, a number of these brave Ameri- finest qualities we expect in our mittee on the Federal Judiciary, and cans have become ill. Today represents judges.’’ Her nomination was reported he has the strong support of his two an important step in making sure they unanimously by the Judiciary Com- Republican home State Senators. His receive the care they need as a result mittee. nomination was reported unanimously of their extraordinary service. No one Max O. Cogburn was nominated to sit by the Judiciary Committee. has ever questioned whether to provide on the U.S. District Court for the West- Michael Simon was nominated to the the care they need. The only question ern District of North Carolina, the dis- U.S. District Court for the District of was how to do so. trict that he previously served for 9 Oregon. He is currently a partner at Like many of my colleagues, I have years as a magistrate judge and for 12 the law firm of Perkins Coie LLP, been concerned that attempts to rush years as an assistant U.S. attorney. where he serves as head of the litiga- this legislation at the end of the ses- Mr. Cogburn is currently a partner in tion practice at the Portland office. In sion would prevent us from ensuring the Asheville, NC, law firm, Cogburn that capacity, Mr. Simon has handled the bill was written in a responsible and Brazil, and he also serves as an ap- several high-profile first amendment fashion. I still believe this cause and pointed member of the North Carolina cases on a pro-bono basis. Before join- this legislation would have benefited Education Lottery Commission. In ad- ing that firm, Mr. Simon was a trial at- from a bipartisan committee process. dition to practicing law, Mr. Cogburn torney in the Antitrust Division of the But thanks to the hard work of a num- owns and maintains with his siblings U.S. Department of Justice. Mr. Simon ber of Senators—most notably Sen- the Pisgah View Ranch, a dude ranch has the strong support of his two home ators COBURN and ENZI and their that has been in his family for genera- State Senators. His nomination was re- staffs—we have come a long way in im- tions. Mr. Cogburn has the strong, bi- ported by the Committee with strong proving this bill. partisan support of his two home State bipartisan support. We have made sure that more com- Senators, a Republican and a Demo- These consensus nominees are in ad- pensation will go to victims than trial crat. His nomination was reported dition to the other highly qualified lawyers. It has got improved oversight, unanimously by the Judiciary Com- nominations on which the Senate has so money isn’t siphoned away from the mittee. not been allowed to vote for many people who need it. We put time limits Marco A. Hernandez was nominated months. on the legislation so Congress can to fill an emergency vacancy on the f come back and review what has worked U.S. District Court for the District of LEGISLATIVE SESSION and where improvements can be made. Oregon. He has served as a judge in Or- The PRESIDING OFFICER. The Sen- So this is a much better product. egon’s 20th Judicial District for the Some have tried to portray this de- last 15 years, first on the district court ate will resume legislative session. The Senator from Illinois. bate as a debate between those who and now as a circuit court judge. Pre- support 9/11 workers and those who f viously, Judge Hernandez was a deputy don’t. This is a gross distortion of the district attorney in Washington Coun- MORNING BUSINESS facts. There was never any doubt about ty, OR, and a lawyer for Oregon Legal Mr. DURBIN. Mr. President, I ask supporting the first responders. It was Services. Judge Hernandez has the unanimous consent that the Senate about doing it right. strong support of his two home State move to morning business with Sen- Mr. President, I yield the floor. Senators, and he has now been nomi- ators allowed to speak for up to 10 min- The PRESIDING OFFICER. The Sen- nated to this position by Presidents of utes each. ator from Illinois. both parties. If confirmed, he will be- Mr. MCCAIN. Mr. President, reserv- Mr. DURBIN. Mr. President, it is my come the first Latino to serve as a Fed- ing the right to object, if I could. understanding the Senator from Ha- eral Judge in Oregon. His nomination The PRESIDING OFFICER. The Sen- waii has to make a quick departure, so was reported unanimously by the Judi- ator from Arizona. I ask he be recognized after this quick ciary Committee. I also note that Sen- Mr. MCCAIN. I would say to the Sen- request. ator SESSIONS made quite a fuss that ator from Illinois that I have an agree- f he was not confirmed at the end of the ment with everybody on a 6-week ex- Bush administration while Senator tension of the Trade Adjustment As- HELPING HEROES KEEP THEIR SESSIONS proceeded to delay Com- sistance and the Trade Preference Act, HOMES ACT OF 2010 mittee consideration of his nomination and on both sides everybody has Mr. DURBIN. Mr. President, I ask and while Republicans still refuse to agreed. unanimous consent that the Senate allow it to be considered before ad- I know I can’t do that in morning proceed to the immediate consider- journment. business, so I ask unanimous consent, ation of S. 4058 introduced earlier President Obama nominated Steve as soon as it is written up, that I be today. Jones to fill an emergency vacancy on permitted to propose that legislation. The PRESIDING OFFICER. The the U.S. District Court for the North- Mr. DURBIN. I have no objection to clerk will report the bill by title. ern District of Georgia. For the last 15 your bringing it up whenever it is pre- The legislative clerk read as follows: years, Judge Jones has been a superior pared, and we will of course consider it A bill (S. 4058) to extend certain expiring court judge in the Tenth Superior at that time. provisions providing enhanced protections Court District of Georgia, and he cur- I thank the Senator for his work on for servicemembers relating to mortgages rently serves that district as the pre- this effort. and mortgage foreclosure.

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Mr. President, I ask I am deeply disappointed that we did noting that President Obama, ‘‘looks unanimous consent that the bill be not have the opportunity to consider forward to signing the bill into law and read three times and passed, the mo- this bill during the 111th Congress. establishing a government-to-govern- tion to reconsider be laid upon the This historic Congress saw a great ment relationship with Native Hawai- table, with no intervening action or de- many accomplishments on behalf of ians.’’ And earlier this month, Attor- bate, and any statements related to the the American people, but tragically, it ney General Eric Holder and Secretary bill be printed in the RECORD. also saw unprecedented obstruction. of the Interior Ken Salazar wrote to The PRESIDING OFFICER. Without I remain committed to passing this the Senate Leaders to reiterate the ad- objection, it is so ordered. bill. I am hopeful that, when we con- ministration’s support for the Native— The bill (S. 4058) was ordered to be vene next year in the new Congress, I Hawaiian Government Reorganization engrossed for a third reading, was read can count on every one of my col- Act, and to make note of the urgent the third time, and passed, as follows: leagues to be supportive of my efforts need for this bill. The letter reads, ‘‘Of S. 4058 to bring this bill to the Senate floor. the Nation’s three major indigenous Be it enacted by the Senate and House of The Native Hawaiian Government groups, Native Hawaiians—unlike Representatives of the United States of America Reorganization Act is a Hawaii-specific American Indians and Alaska Natives— in Congress assembled, measure. In the long traditions of the are the only one that currently lacks a SECTION 1. SHORT TITLE. U.S. Senate, it was considered a cour- government-to-government relation- This Act may be cited as the ‘‘Helping He- tesy to stand with your colleagues on ship with the United States.’’ I ask roes Keep Their Homes Act of 2010’’. matters specifically addressing the unanimous consent to have a copy of SEC. 2. EXTENSION OF ENHANCED PROTECTIONS needs of their home State. This civility ECORD FOR SERVICEMEMBERS RELATING this letter printed in the R . TO MORTGAGES AND MORTGAGE seems to have vanished from this The PRESIDING OFFICER. Without FORECLOSURE UNDER Chamber. objection, it is so ordered. SERVICEMEMBERS CIVIL RELIEF It is frustrating to me that some of (See exhibit 2.) ACT. my colleagues have worked aggres- Mr. AKAKA. Opponents have spread Paragraph (2) of section 2203(c) of the Housing and Economic Recovery Act of 2008 sively to block this bill. For some rea- misinformation about the bill. Let me (Public Law 110–289) is amended— son, they have made it a priority to set the record straight. This bill does (1) by striking ‘‘December 31, 2010’’ and in- prevent the people of my State from not allow Hawaii to secede from the serting ‘‘December 31, 2012’’; and moving forward to resolve issues United States. It does not allow private (2) by striking ‘‘January 1, 2011’’ and in- caused by the illegal overthrow of the lands to be taken. It does not authorize serting ‘‘January 1, 2013’’. Native Hawaiian government in 1893. gaming in Hawaii. Mr. AKAKA. Mr. President, I ask This bill has widespread support Opponents of the bill also distort the unanimous consent to speak for 15 min- among elected leaders and the citizens history of the Native Hawaiian people. utes as in morning business. of Hawaii. Both chambers of the Ha- I welcome the chance to speak with The PRESIDING OFFICER. Without waii State Legislature have voiced any of my colleagues about the history objection, it is so ordered. their support of the measure, and our of my great State and of its indigenous Mr. AKAKA. Mr. President, I rise new Governor, Neil Abercrombie, was people. I want to help you understand today to reaffirm my strong commit- the chief sponsor of the bill in the U.S. why this bill is necessary for Hawaii to ment to have the Native Hawaiian Gov- House of Representatives. This legisla- move forward, and how it is consistent ernment Reorganization Act enacted tion is also supported by community with the United States’ existing poli- into law. This bill is of great impor- and civic organizations, including the cies of Federal recognition for Alaska tance to all of the people of Hawaii. Association of Hawaiian Civic Clubs Natives and American Indians. The bill would simply put the State of and the Council for Native Hawaiian Opponents also point to a vocal mi- Hawaii on equal footing with the rest Advancement, and the Office of Hawai- nority in Hawaii who oppose this bill. of the country in the treatment of its ian Affairs, a State agency. The reality is that this legislation is indigenous people. It provides a process The bill also has broad support out- strongly supported by the people of Ha- for the reorganization of a Native Ha- side of Hawaii. Indigenous leaders and waii. A poll conducted by the Honolulu waiian governing entity. However, community organizations across the Advertiser in May of this year found since I first introduced this common- United States support the bill, such as that 66 percent of people in Hawaii sup- sense bill 10 years ago, it has been the the Alaska Federation of Natives and port Federal recognition for Native Ha- subject of misleading attacks and pro- the National Congress of American In- waiians. Of the poll participants, 82 cedural hurdles, and has never had the dians. percent identifying themselves as Na- opportunity for an up-or-down vote The American Bar Association sent a tive Hawaiians said they support Fed- here on the Senate floor. letter this year to Members of the Sen- eral recognition. Mr. President, I ask Earlier this month, a handful of my ate reaffirming its support and out- unanimous consent to have this article colleagues who oppose this measure lining the sound Constitutional basis printed in the RECORD. put out a press release, fueling specula- for the legislation. The ABA wrote, (See exhibit 3.) tion that I was seeking to attach this ‘‘The right of Native Hawaiians to use Mr. AKAKA. This year marked the bill to must-pass, end-of-session legis- the property held in trust for them and commemoration of the 200th anniver- lation. One of these colleagues said the right to govern those assets are not sary of the unification of the Hawaiian that this measure—and I quote, in conflict with the Equal Protection Islands into one kingdom, under King ‘‘should be brought up separately and Clause since they rest on independent Kamehameha. This year also marked 51 debated openly on the Senate floor constitutional authority regarding the years of statehood and more than 100 with the opportunity for amendment.’’ rights of native nations contained in years since Hawaii became a United I could not agree more. Articles I and II of the Constitution.’’ States territory. And yet the people of A structured debate followed by an Mr. President, I ask unanimous con- Hawaii have still not been given the up-or-down vote on this legislation is sent that this letter be printed in the chance to participate in a government- long overdue. The people of Hawaii RECORD. to-government relationship similar to have waited for far too long. The PRESIDING OFFICER. Without those already extended to this Nation’s This Congress, the bill was favorably objection, it is so ordered. other indigenous people. reported by the Senate Committee on (See exhibit 1.) I have worked tirelessly to educate Indian Affairs, and it was passed by the Mr. AKAKA. The bill also has the my colleagues on the importance of House of Representatives. Despite this, support of the Obama Administration. this bill. I hope that you will continue it was not given an opportunity to be When the measure passed the House in to welcome my efforts to speak with

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23482 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 you. I extend my heartfelt aloha and Opponents of this legislation claim that al- government relationship with the United mahalo, thank you, to the many, many lowing Native Hawaiians the right to self States. This bill provides Native Hawaiians a supporters who have worked to advo- governance would imperil the constitutional means by which to exercise the inherent cate for this legislation. Your support rights of non-Native Hawaiians to equal pro- rights to local self-government, self-deter- tection under the law. They point to the mination, and economic self-sufficiency that makes a difference and is greatly ap- former Kingdom’s wealth and claim that other Native Americans enjoy. preciated. I thank my colleague, Chair- self-determination will create a system of For these reasons, we urge the Senate to man DORGAN, who has been a great benefits disadvantaging those who are not of pass the Native Hawaiian Government Reor- friend of mine and to the people of Ha- Native Hawaiian heritage. However, Native ganization Act of 2010 and send it to the waii. His leadership on this issue will Hawaiians, in seeking rights and privileges President for his signature. be missed. that other indigenous people of the United The Office of Management and Budget has My work to enact this bill is not States enjoy under our system of law, are advised that enactment of this legislation would be in accord with the Administration’s over. I look forward to having the op- not compromising the rights of others but exercising their own rights to property, to program. portunity to debate this bill on its self-determination, and to be recognized as Sincerely, merits. I will not give up until the Na- an indigenous people by Congress. ERIC H. HOLDER, JR., tive Hawaiian people have the same The right of Native Hawaiians to use of the Attorney General. rights to self-governance already af- property held in trust for them and the right KEN SALAZAR, forded to the rest of the Nation’s indig- to govern those assets are not in conflict Secretary of the Inte- enous people. with the Equal Protection Clause since they rior. Mr. President, mahalo—thank you— rest on independent constitutional authority EXHIBIT 3 to all of my colleagues for listening to regarding the rights of native nations con- this matter of great importance to me tained in Articles I and II of the Constitu- [From the Honolulu Advertiser, May 3, 2010] tion. The constitutional framers recognized and my State. I yield back the remain- 66% OF HAWAII RESIDENTS FAVOR RECOGNI- the existence of native nations within the TION FOR NATIVE HAWAIIANS—POLL SHOWS der of my time. United States that predated our own democ- SLIGHT UPTICK FROM 2006, WHEN 63% AP- EXHIBIT 1 racy and created a system for federal rec- PROVED SEPTEMBER 28, 2010. ognition of indigenous nations within our (By Gordon Y.K. Pang) then expanding borders. U.S. Senate, Hawai’i residents still favor federal rec- Washington, DC The framers empowered Congress through the Indian Commerce Clause and the Treaty ognition of Native Hawaiians by a 2-to-1 DEAR SENATOR: On behalf of the American margin, the latest Advertiser Hawai’i Poll Bar Association, which has nearly 400,000 Clause to maintain relations between the U.S. federal government and the govern- numbers show. members nationwide, I urge your support for Polling conducted last week found that 66 ments of these native nations. Our courts H.R, 2134, the Native Hawaiian Government percent of the participants support Native have upheld Congress’ power to recognize in- Reorganization Act of 2010. The legislation, Hawaiians being ‘‘recognized by Congress digenous nations and have specifically recog- as amended, passed the House of Representa- and the federal government as a distinct nized that this power includes the power to tives with bipartisan support early in the group, similar to the special recognition re-recognize nations whose recognition has session and was placed on the Senate cal- given to American Indians and Alaskan Na- been terminated in the past. Thus, the Na- endar where it is still awaiting Senate floor tives.’’ tive Hawaiians have the right to be recog- action. As amended, H.R. 2314 is supported by Such recognition could come about under a nized by the Congress, this right is not in the White House, the Department of Justice, process created by the Akaka bill, formally conflict with the rights of others, and this Hawaii’s Congressional Delegation and the known as the Native Hawaiian Government recognition may be renewed despite histor- Governor of Hawaii. Reorganization Act of 2009. The bill passed ical lapses. The ABA has a long-standing interest in the U.S. House in February and is awaiting a The American Bar Association urges you the legal issues concerning America’s native vote in the Senate. to support the rights of Native Hawaiians to and indigenous peoples. Over the past twenty The Hawai’i Poll appears to indicate that, self-determination by voting for H.R. 2314. years, our House of Delegates has adopted in recent years, a large segment of Hawai’i Sincerely, numerous policies supporting self-determina- residents have settled into how they think THOMAS M. SUSMAN. tion and self-governance for American Indi- about federal recognition and the Akaka bill. ans and Alaska Natives. In 2006, the ABA In 2000, the Advertiser Hawai’i Poll showed EXHIBIT 2 adopted policy specifically supporting the 73 percent in favor of federal recognition. right of Native Hawaiians to seek federal DECEMBER 9, 2010. That support appeared to dip in the latter recognition of a native governing entity Hon. HARRY REID. part of the decade, when in 2006 the poll within the United States similar to that Majority Leader, showed 63 percent of respondents in favor of which American Indians and Alaska Natives U.S. Senate, Washington, DC. recognition. possess under the U.S. Constitution. DEAR SENATOR REID: We write to express The poll was conducted by locally based H.R. 2314 would establish a process that the Administration’s strong support for the Ward Research Inc. with a sampling size of would lead eventually to the formation of a Native Hawaiian Government Reorganiza- 604 respondents. native governing entity that would have a tion Act of 2010 (S. 3945). Over the course of the last decade, during government-to-government relationship This legislation establishes a process for the administrations of President George W. with the United States. Developed by Native Native Hawaiians to organize a government Bush and President Obama, language in the Hawaiians, this federally recognized entity roughly akin to the government of an Amer- Akaka bill has been widely debated and would serve, maintain and support their ican Indian tribe. Once the Native Hawaiian amended in the effort to get it passed. unique cultural and civic needs and advocate government is created and its leaders elect- Gov. Linda Lingle and her administration on their behalf at the federal and state lev- ed, the United States would officially recog- oppose the current version of the bill. Lingle els. Prior to the overthrow of the Hawaiian nize the new governing entity and work with had been a strong and influential supporter monarchy in 1893 by U.S. agents acting with- it on a government-to-government basis, just of the bill, but now believes this version out official sanction, Native Hawaiians lived as the United States works with federally grants too much authority to the Native Ha- under an organized political framework gov- recognized Indian tribes in other States. waiian entity at the onset of negotiations erned by the rule of law. This Kingdom had Senator Akaka first introduced a version that would take place among the entity and a written constitution and was recognized by of this legislation more than a decade ago. the state and the federal governments. the U.S. government as a sovereign nation. Since 1999, Senator Akaka, Senator Inouye, For instance, it would grant ‘‘sovereign Congress ratified treaty agreements with it and other members of Hawaii’s congressional immunity’’ to the entity and its employees and recognized its representatives. delegation have worked tirelessly with the from the state’s criminal, public health, In addition to establishing a lasting trust last three Administrations—and especially child safety and environmental laws. relationship with the Native Hawaiian peo- with our Departments—to greatly improve Clyde Na¯ mu’o, administrator of the Office ple after the coup, Congress acknowledged the bill, which has now received bipartisan of Hawaiian Affairs, said he is ‘‘not surprised the illegal overthrow of the Kingdom of Ha- support from the House of Representatives, and actually pleased’’ by the latest poll num- waii, issued a formal apology to the Native the Senate Committee on Indian Affairs, and bers, especially given the new opposition by Hawaiian people in 1993, and has consistently Hawaii’s Governor and Attorney General. Lingle and others. supported reconciliation efforts. Congres- Of the Nation’s there major indigenous ‘‘It’s fairly consistent with the polls that sional support for legislation that would lead groups, Native Hawaiians—unlike American we did,’’ Na¯ mu’o said. ‘‘Obviously, there’s to a process for federal recognition for Na- Indians and Alaska Natives—are the only still a majority of the people who still sup- tive Hawaiians is the next logical step. one that currently lacks a government-to- port’’ federal recognition.

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Two of three major candidates in the 1st influential State leader, even more in- In 1980, BYRON announced that he Congressional District special election, Dem- fluential than the Governor of the would seek North Dakota’s lone seat in ocrat Ed Case and Republican Charles Djou, State, by a major publication in North the House of Representatives. I ran to have said they do not support the current Dakota. succeed him as tax commissioner. language of the bill that passed the House, I met BYRON DORGAN in that year and leaving Democrat Colleen Hanabusa as the Lucy, who by then was somebody for sole staunch supporter. was so struck by his ability, his cha- whom I had great respect, was his cam- risma, and his vision for our State and ‘NOBODY KNOWS’ paign manager in that race for the our Nation that I thought: This is House of Representatives. BYRON was Longtime opponents of the Akaka bill and/ somebody I want to work with in my or federal recognition said the Hawai’i Poll successful, and I was successful in a numbers show only that a majority of Ha- career. year in which no other Democrats were wai’i residents don’t know what federal rec- We started a friendship that has successful in our State. ognition means. lasted to this day. In 1970 I was helping We then had a period of time, 6 years, ‘‘I think the big problem is nobody knows run the reelection campaign of Senator before the Senate race in which BYRON what’s inside the bill,’’ said Thurston Twigg- Quentin Burdick, who served in this was in Washington, I was in North Da- Smith, former Honolulu Advertiser owner. Chamber for more than 30 years. I got kota, and we campaigned together day ‘‘They keep changing it, people don’t have a to know BYRON even better then. In chance to read it.’’ after day, weekend after weekend, fact, my wife and I spent time with month after month, all across North Congress should hold hearings on the him and his wife. In the years that fol- measure in Hawai’i so the public can get a Dakota, building a movement, a move- better understanding of the language, he lowed we became very close friends. In ment that resulted in my running for said. 1974, when I got back from business the Senate in 1986. Hawaiian rights activist Dennis Pu’uhonua school, BYRON called me and asked me It was really BYRON’s turn. He could ‘‘Bumpy’’ Kanahele said the poll ‘‘only tells to come to his office. I did the day have chosen to run, but he decided not me that people aren’t even aware of what the after I returned home. We took a walk to, and so I did, in a race that many Akaka bill is all about.’’ around the Capitol Grounds of the The state’s politicians and ‘‘mainstream thought was impossible for me to win. State of North Dakota and he talked to I started out more than 30 points be- Hawaiian organizations’’ support the bill and me about what he saw as the future— not other models of self-determination, such hind the incumbent. He had over $1 as complete independence from the U.S. gov- the future of our State, things that million in the bank. When I got into ernment, he said. were happening in the country that the race, I think I had $126. But BYRON Kanahele said that’s why he’s been pushing needed to be addressed, and how the DORGAN was my ally in that race every for a constitutional convention, so Hawai- two of us might, working together, step of the way. I think very few others ians can look at the different models and de- change that future and make a dif- termine what’s best. would have done what he did for me. I ference. think very few other Members of the Among the 115 poll respondents who identi- I agreed that day to be his campaign House of Representatives, having some- fied themselves as Native Hawaiians, 82 per- manager for the House of Representa- cent said they support federal recognition. one else leapfrog them to come to the tives. In that campaign, EARL POM- Among other ethnic groups, 66 percent of Senate, would have put themselves on EROY, now North Dakota’s lone Con- those describing themselves as Japanese sup- the line as much as BYRON DORGAN did gressman, was the driver. I was the port it, while 61 percent of Filipinos and Cau- for me in that Senate race in 1986. But campaign manager. BYRON is always casians indicated support. he was with me in every corner of the Only 58 percent of those who identified quick to point out it was the only elec- themselves as 55 and older support federal tion he ever lost. He always said it was State fighting tooth and nail, an uphill recognition, while 72 percent of those ages 35 the fault of the campaign manager. I battle in which, as I said, I started out to 54 support it, and 79 percent of those always said it was the fault of the driv- 38 points behind. under 35 do. But on election day, I won a very er. And EARL always believed we would narrow victory, winning by about 2,000 f have won if only he had been the can- votes over an incumbent who had won TRIBUTE TO RETIRING SENATORS didate. Those were incredible days. I remem- his previous race with over 70 percent BYRON DORGAN ber so well that campaign, the three of of the vote and a man who really The PRESIDING OFFICER. The Sen- us—we bonded in a way that I think is looked like a U.S. Senator, Mark An- ator from North Dakota. very rare in politics and served to- drews—6 feet 5 inches, booming voice, Mr. CONRAD. Mr. President, I rise gether in a way that is unusual. There white mane of hair, very powerful today to pay tribute to my colleague, was never the kind of competition that speaker. Yet I was able to win that Senator BYRON DORGAN. This is his last often exists between Members. But race in a squeaker, and I never could day voting in the Senate. He is retiring there was always a keen friendship and have without BYRON’s extraordinary after serving the people of North Da- a real partnership. We were allies, assistance and support. kota in the Congress, the House, and fighting for North Dakota, fighting to For a period of time that I was in the Senate, for 30 years. But BYRON’s change the country, deeply committed Senate, he was in the House, and then record in North Dakota goes even be- to each other and to our State. in 1992 I announced I would not seek re- yond that—another 12 years in State After that campaign BYRON asked me election to my seat because I made a office, so a total of 42 years of serving to be his assistant. Weeks later he pledge in that 1986 campaign, and the the people of North Dakota. hired Lucy Calautti. Lucy, years later, pledge I made was that I would not run I want to first say I am not objective became my wife, so I have always cred- for reelection unless the deficit was when it comes to BYRON DORGAN be- ited BYRON with bringing us together. dramatically reduced. If you have re- cause he is my best friend. We have We were also joined by my college viewed 1992, you know the deficit was been friends and allies for all of those roommate who became another assist- at a record level. After the first Bush 42 years. In 1968 I was running a cam- ant to then tax commissioner BYRON administration, deficits were at record paign to lower the voting age in North DORGAN, a young man named Jim levels. So I announced I would not seek Dakota and first met BYRON DORGAN, a Lang, a very dear friend of mine, an ab- reelection, in keeping with my pledge. young tax commissioner—very young, solute genius, and the four of us BYRON DORGAN announced for my seat, in his twenties, appointed after the worked to build the Democratic Party and there was Lucy helping to run previous tax commissioner took his in North Dakota and to change the po- BYRON’s campaign for what was my life. BYRON had extraordinary responsi- litical landscape. seat in the Senate—a remarkable time bility thrust on him at a very young Those were incredible times. We in our lives. age, the youngest statewide official in fought great battles for a coal sever- Then later that year, Senator Bur- our State’s history. BYRON disposed of ance tax in North Dakota, for an oil dick, the other Senator from North Da- those responsibilities with real distinc- severance tax, things that helped build kota, died. The Governor called me and tion, becoming recognized as the most the financial base for our State. said: KENT, you have to run to fill out

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23484 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 the 2 years of his term; otherwise, years ahead. That prediction looks pre- heritage, he is proud of our State, he is North Dakota is going to lose all its se- scient today in light of the financial proud of our Nation, and we are proud niority in one fell swoop, lose all of collapse of 2008. He was a leader in of him. Senator Burdick’s more than 30 years fighting for farm policies to benefit I will miss BYRON DORGAN’S partner- of seniority. We are going to lose BY- family farmers and ranch families ship here every day, but I know he will RON’S 12 years of seniority in the House rather than corporate agriculture. In be with us because BYRON DORGAN will because he is running for your seat in the midst of it all, he wrote two books: never be far from the fray. BYRON DOR- the Senate, and we will lose your 6 take this job and shove it—or ‘‘Take GAN has served this body well, served years of seniority if you do not run to This Job and Ship It’’ and ‘‘Reckless! the Nation well, and served our State fill the term of Senator Burdick. How Debt, Deregulation, and Dark extraordinarily well. I have always remembered that the Money Nearly Bankrupted America.’’ I yield the floor. media in North Dakota took a poll on Most importantly, BYRON DORGAN The PRESIDING OFFICER (Mr. whether I should run to fill the 2 years had a vision, an energy, and a persist- FRANKEN.) The Senator from Colorado. of Senator Burdick’s term, and even an ence that has played a huge role in f overwhelming majority of Republicans building the prosperity of our State. UNANIMOUS-CONSENT REQUEST— thought I should run. So the Governor Robert Kennedy once said: ‘‘There H.R. 2476 told me there would be a special elec- are those that look at things the way tion after the regular elections in No- they are, and ask why? I dream of Mr. UDALL of Colorado. Mr. Presi- vember. He said: Look, you have kept things that never were, and ask why dent, I ask unanimous consent that the Senate proceed to Calendar No. 636, your pledge. You did not run for reelec- not?’’ That is really the way BYRON ap- H.R. 2476; that the Udall of Colorado tion to your seat. BYRON is running for proached service to North Dakota. He election to your seat. You would be in did not see limits; he saw opportunity. substitute amendment which is at the a special election in December. He looked at our university system desk be agreed to; the bill, as amended, be read a third time and passed; the So I agreed to run, and BYRON and I and technology industries and saw no were running simultaneous campaigns reason they could not be built into the Udall of Colorado title amendment for the Senate in 1992, he for my seat in Red River Valley Research Corridor which is at the desk be agreed to; the the regular election, and I was running that could power the economy of east- motions to reconsider be laid upon the for the special election in December. ern North Dakota. And he set about table, with no intervening action or de- Once again, we crisscrossed North Da- making it happen, and he has suc- bate; and any statements relating to kota campaigning together, making ceeded. the matter be printed in the RECORD. The PRESIDING OFFICER. The Sen- our case, and both of us won very big He looked at our energy industry and ator from Georgia. victories in 1992. saw no reason North Dakota could not Mr. CHAMBLISS. Mr. President, on From that time period forward until be the energy powerhouse for the Na- behalf of Senator KYL and Senator today, BYRON and I have served to- tion. Through his position on the En- MCCAIN, I respectfully object. gether representing the State of North ergy Committee and the Energy and The PRESIDING OFFICER. Objec- Dakota—best friends. What a remark- Water Subcommittee of Appropria- tion is heard. able story. tions, he helped build North Dakota Mr. UDALL of Colorado. Mr. Presi- I can still remember one of the publi- into one of the leading energy-pro- dent, if I might, I know Senator DUR- cations here on the Hill—I can’t re- ducing States in the Nation. BIN has a pressing unanimous consent member if it was The Hill or Roll He looked at the growth of the request. I ask unanimous consent that Call—when the two Senators from Mis- knowledge industries and the Internet when he has concluded his request, sissippi were fighting for the majority and saw no reason North Dakota could Senator BARRASSO and I could engage leader position, ran a cartoon that not be wired with the same 21st-cen- in a colloquy on the very bill that has said: Why can’t the two Senators from tury telecommunications infrastruc- been objected to. Mississippi be more like the Senators ture as the rest of the country. He used The PRESIDING OFFICER. Without from North Dakota—friends forever. his position on the Commerce Com- objection, it is so ordered. And BYRON and I have been friends for- mittee to get that done as well. The Senator from Illinois. ever and will be friends forever. The results of his work can be seen in f After the 1992 race, we both served every corner of our State. Modern North Dakota, and, unlike so many highways and air terminals, new and UNANIMOUS-CONSENT REQUEST— delegations, we did everything we improved water infrastructure, a boom- EXECUTIVE CALENDAR could to support each other. I can’t ing energy and agricultural economy, Mr. DURBIN. Mr. President, the Ex- think of a time when there were ever high-tech companies springing up ev- ecutive Calendar of the Senate notes, angry words exchanged between BYRON erywhere across our State, the strong- on page 5, Calendar No. 1002, James Mi- DORGAN and EARL POMEROY and myself. est economic growth in the Nation, the chael Cole, of the District of Columbia, It was what many people back home lowest unemployment rate in the Na- nominated by the President of the called Team North Dakota. And we tion—by any measure, North Dakota is United States to be Deputy Attorney have been a team, as close as you could doing very well. Most of that, BYRON General. That was reported by the Sen- be. will tell you, is because of the hard ate Judiciary Committee, his nomina- During BYRON’S time in the Senate, work and good judgment of the people tion, on July 20 of this year. We are he has been a fierce fighter for policies of North Dakota. But among them, no now into December, and this year is that benefit average people and also one has worked harder or smarter on coming to an end. This has taken long somebody very suspicious of corporate behalf of North Dakota than Senator enough. power. He passionately opposed what BYRON DORGAN. I ask that the No. 2 spot in the De- he thought were misguided trade poli- Let me close by saying that I do not partment of Justice be filled, that we cies that contributed to jobs moving know of a harder working or more pro- not continue to have this vacancy and overseas. He was one of a handful of ductive person than BYRON DORGAN. He imperil the important mission of that Senators who warned against consoli- produces extraordinary amounts of Department. dation and the excessive risk that high-quality work. He is type A I ask unanimous consent that the would result from repealing the bar- squared, but he never forgot his roots. Senate proceed to executive session riers between commercial and invest- BYRON DORGAN grew up in Regent, and to the immediate consideration of ment banking. He warned at the time, ND, a town of 300. He often reminds us Calendar No. 1002, James Michael Cole, in what has become a famous speech, that he graduated in a class of nine and of the District of Columbia, to be Dep- that if we passed that legislation, we he was in the top five. He is proud of uty Attorney General; that the nomi- would face a financial crisis in the that background, he is proud of that nation be confirmed and the motion to

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23485 reconsider be laid upon the table, with enue for the Federal budget and will maintenance as well as provide better no interviewing action or debate; that help improve the economy in a lot of service to the residents of the fire dis- any statements be printed in the hard-hit mountain communities. trict, neighbors of the district, and in- RECORD, the President be immediately Mr. President, we passed a number of dividuals who travel through. notified of the Senate’s action, and the other bills out of the Energy and Nat- I appreciate the patience of my col- Senate then resume legislative session. ural Resources Committee that, unfor- leagues. The point I wish to make is, The PRESIDING OFFICER. Is there tunately, will not receive votes in this we had tens and tens of bills in the En- objection? Congress. I want to touch on a couple ergy and Natural Resources Committee Mr. CHAMBLISS. Mr. President, re- of them. that this body should have considered. serving the right to object. I begin with the National Forest In- It would have been important to give The PRESIDING OFFICER. The Sen- sect Disease Emergency Act. I have these commonsense bills an up-or-down ator from Georgia. been working on this concern for the vote. Almost all of them were bipar- Mr. CHAMBLISS. Mr. President, the entire time I have served in the Con- tisan in nature. It is a disappointment Department of Justice is well aware of gress, whether in the Senate or the to me that we have not done the will of some issues that have been raised by House. We have an enormous bark bee- the people in the Senate. the intelligence community, particu- tle epidemic in our Western forests. I yield the floor. larly the Senate Intelligence Com- Those who study our forests say that The PRESIDING OFFICER. The Sen- mittee, with respect to this nominee; because of climate change and drought ator from Illinois. therefore, I must object. and human activity, these epidemics f The PRESIDING OFFICER. Objec- will become more and more common. THANKING SENATE PAGES tion is heard. What the bill would have done is pro- Mr. DURBIN. Mr. President, I am The Senator from Colorado. vide the tools and resources to the For- sorry they are not on the floor at this Mr. UDALL of Colorado. Mr. Presi- est Service to help address this serious dent, if I might, I would like to yield to moment, but I rise to give special rec- natural disaster. It is slow moving but ognition to two Senate pages who have Senator BARRASSO from Wyoming to nonetheless a natural disaster. That discuss the important bill that was just stayed here while all the others have disaster is the deaths of millions and gone home for Christmas. These two objected to. millions of acres of trees due to insect The PRESIDING OFFICER. The Sen- pages have been working hard today to infestations. keep up with the Senate’s very busy ator from Wyoming. Senators CRAPO and RISCH were co- Mr. BARRASSO. It was a privilege schedule: sponsors. It is a very significant dis- Rachel Bailey, 16 years old, from for me to cosponsor this piece of legis- appointment that we didn’t move to Glendale, MD. Mom and dad are Susan lation with the distinguished Senator consider this bill. I know it would have and Karl. She is working late today as from Colorado. My colleague Senator passed the Senate. a Senate page. We thank Rachel so ENZI and I have long been advocates of Another bill is the Leadville Mine much. allowing an additional opportunity for Drainage Tunnel Act, commonsense Jarrod Nagurka, 16 years old, from jobs and for economic development legislation that would directly benefit Arlington, VA. His mom and dad are into the wonderful ski areas around a community in Colorado and, indeed, Pamela and Stuart. Rocky Mountain West, which is the in- the entire Arkansas River Valley, one Even though they aren’t on the floor tent of this bill. It really is aimed at of the significant watersheds in the and they are running around here busy, increasing summer activities so that a State of Colorado. This mine drainage they can look in the CONGRESSIONAL number of these locations, if you will, tunnel near Leadville, in 2008, was RECORD and realize that Senators of on Forest Service land can use that backed up with a large volume of con- both political parties appreciate their land for an extended season, which taminated water which then created a dedication to this institution during would then work toward full-time, safety hazard to the community, but it this holiday season. year-round employment for the folks in was unclear whether the Bureau of f those areas, putting in things such as Reclamation or the Environmental zip lines and opportunities for rec- Protect Agency was responsible for ad- IN SUPPORT OF THE 9/11 HEALTH reational advancements to increase the dressing it. AND COMPENSATION ACT amount of tourism, the amount of visi- My bill would clarify that the Bureau Mr. DURBIN. Mr. President, 100 years tors to these wonderful places people of Reclamation has the authority to ago today, there was a horrible fire in like to enjoy. We think additional op- treat this backed-up water and is re- the stockyards of Chicago. Most of us portunities and enhancements would sponsible for maintaining the tunnel so have our vision of that era and the allow for additional employment. That that in the future these kinds of stockyards from Upton Sinclair’s book is why Senator ENZI and I joined with threats will not arise and, if they do, it ‘‘The Jungle,’’ which told of the life of Senator UDALL in support of his efforts is clear who is responsible to mitigate a Lithuanian immigrant family work- on this important piece of legislation. them. It is a straightforward bill. It ing in the stockyards. It was one of the Mr. UDALL of Colorado. Mr. Presi- doesn’t cost anything. It would give busiest commercial ventures in the dent, I thank both Senators from Wyo- the people of Leadville the certainty United States, and it literally fed the ming for their support. I know we will they have needed for years. Nation. But it also engaged in prac- go back to work in the next Congress Finally, I wish to mention the Sugar tices acceptable at that time which because, as the Senator pointed out, Loaf Fire Protection District Land Ex- would be unacceptable by today’s this bipartisan bill would provide clear change Act. This would help protect standards of health and safety. authority for the Forest Service to public safety. It facilitates a fair ex- That day of December 20, 1910, there allow additional summertime use of change of lands on the Arapaho-Roo- was a fire. As a result of that fire, 100 ski areas which would help create jobs sevelt National Forest near Boulder be- years ago today, 21 firefighters lost and grow sustainable economies in ski tween the Forest Service and the Sugar their lives at the union stockyards in country. It is no cost. It is common Loaf Fire District. The fire district is Chicago. Until the collapse of the sense, as the Senator pointed out. That seeking this exchange so they can up- World Trade Center towers on 9/11, no is why it not only has support from the grade and maintain fire stations which single disaster in the history of the two Wyoming Senators but also Sen- serve this community which has been United States had claimed the lives of ators RISCH, ENSIGN, BENNETT, and subjected to wildland/urban fires. We more firefighters. GREGG. It was favorably reported out of want to protect the homes and the Sadly, today, in a cruel irony of his- the Energy and Natural Resources built structures and people who live in tory, there has been another fire in Committee in September. The CBO those areas. The exchange would re- Chicago. This morning we lost two fire- projects it will actually generate rev- duce costs related to forest boundary fighters who went out in the bitter cold

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23486 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 and did their best to fight a fire. A wall on my leukemia. I am worried I will average debit interchange fee—not 7 to collapsed on them, as it did 100 years just run out of health insurance. 12 cents—of 44 cents. The Fed has con- ago. Two lost their lives, and 14 were That is a concern, a concern that can firmed what consumers and retailers seriously injured. It is a sad reminder be addressed by this bill. If his leu- long suspected. They are being over- to all of us who drive by firehouses and kemia can be tracked to his experience charged and gouged for each purchase fire stations all the time and see the at Ground Zero, we certainly want to made with a debit card. Merchants and men and women who work there, that make certain he receives the medical their customers are being charged when they are called to duty, they can care he needs. more than three times what the trans- give their lives at a moment’s notice. Stanley Silata is another Chicago actions cost. It happened this morning in Chicago. It firefighter who applied for health as- In the old days, if you paid by check happened 100 years ago in the same sistance but was told his application before debit cards, the fee for proc- city. It can happen again. was too late. He participated in search- essing the check was pennies, regard- I am glad that earlier today we fi- and-rescue missions at Ground Zero less of the face amount of the check. nally worked out an agreement on the and put out fires. Similar to so many Now the debit card fee is 44 cents— so-called 9/11 Health Compensation other firefighters who were on the lines three, four, five, six times more than Act, the James Zadroga 9/11 Health those days, Mr. Silata developed seri- the cost actually incurred by the banks Compensation Act. The extraordinary ous respiratory problems. He has had because of the transaction. efforts for passing that have to be rec- to have medical treatment since 2004. The draft regulations released pro- ognized. I will, of course, acknowledge Mr. Silata’s claim for assistance was pose to cap the interchange fees at the the two Senators from New York, submitted, unfortunately, 2 weeks largest banks at 12 cents per trans- KIRSTEN GILLIBRAND and CHARLES after the deadline. We are hoping this action, give or take some conditions SCHUMER, who worked tirelessly to get bill will provide him some protection such as the prevention of fraud, which it passed. They would acknowledge the as well. The stories go on and on. But we built into the law. With the 12-cent contribution of our majority leader, as we are reminded from the deaths in cap, we could save businesses and con- HARRY REID, who stepped in and made Chicago today, the firefighters who re- sumers across the United States about this process work when it looked like sponded to this fire, the men and $10 billion in the first year. Imagine it had failed several times. MIKE ENZI, women who responded at Ground Zero, what $10 billion will mean to a res- on the Republican side, TOM COBURN carried a servant’s heart into one of taurant, a shop. Think of what it from Oklahoma, all worked together the most dangerous places on Earth. means to universities and other char- and came up with a good bill. The 9/11 They literally risked their lives in the ities that collect through the use of Health Compensation Act is going to hopes that they could save others or at debit cards—more money for them to help many around the United States. I least bring some compensation and use, more profitability, and that could just learned this week it can help one some consolation to the families who lead to more employment and better person in Chicago. had suffered these losses. business outlooks. Arthur Noonan is 1 of the 188 re- They deserve nothing less than our At this point, I am hunkered down sponders and 86 survivors living in Illi- gratitude and our help, our help in en- and ready for the fight that is coming. nois and enrolled in the World Trade acting this 9/11 health compensation The biggest banks and credit card com- Center health registry. I wish to thank bill. I believe the House of Representa- panies are going to do their best to in- the Chicago Sun Times for telling his tives will be considering this today. I fluence the Federal Reserve to raise story. He is a 30-year veteran of the hope it is signed very quickly by the this interchange fee as high as possible, Chicago Fire Department, spent hun- President. but we know what the reasonable costs dreds of hours volunteering at Ground f are. We know these credit card compa- Zero in those critical days and weeks nies and the big banks have been over- after the terrorist attack. Mr. Noonan, INTERCHANGE FEES charging for years. Every time a credit a firefighter from Chicago, worked in a Mr. DURBIN. Mr. President, I wish to or debit card sale is made, Visa and line passing buckets of debris from speak briefly about interchange fee re- MasterCard take a cut of the trans- Ground Zero, searching for human re- form, an issue I have worked on for action. Some of this cut they keep, but mains and clothing. He remembers the many years and an issue which was most of it is routed along to the bank thick dust that coated everything and taken up just recently last Thursday that issued the card. This fee that goes the sickly sweet smell. Noonan and when the Federal Reserve considered to the card-issuing bank is the inter- other volunteers were given res- legislation we passed in the Senate and change fee, also known as a swipe fee. pirators, but the filters clogged up House of Representatives and sent to It skims an average of 1 to 3 percent off after a few minutes. They worked with- them to establish regulations. It was the top of every transaction. An esti- out masks after that. A few years after an effort to bring reasonable regulation mated $48 billion in credit and debit the cleanup, Mr. Noonan contracted to a $20 billion annual debit card inter- card interchange fees were collected in leukemia. He applied for health bene- change fee system industry. 2008, around $20 billion from debit fits through the victims compensation The Federal Reserve released draft cards. fund and submitted medical documents regulations that will implement the These fees come out of the pockets of to substantiate his claim, but his claim new law Congress enacted. Back in everyone who accepts cards—mer- was filed 2 weeks too late. May, when the Senate was debating the chants, small businesses, charities, and Mr. Noonan said at first he was hesi- Wall Street reform bill, I offered an government agencies—and the costs tant to file a claim because he ‘‘never amendment. I am honored that 64 Sen- are passed on to consumers. got anything for nothing.’’ He says he ators voted for it, including 17 Repub- Every bank says they need to charge has always worked two or three jobs. I licans. It was a bipartisan success. It is fees to help pay for the cost of proc- talked to him on the phone just a cou- now the law of the land. The Federal essing card transactions and fighting ple days ago. What a classic Chicago Reserve is moving forward to make fraud. That is fair enough. But the story. Here is a man, a proud fire- sure our law is implemented in a fair banks do not set their own interchange fighter, now in retirement, battling way. fees. There is no competition here. leukemia successfully, who still says: I The Fed announced, according to Some of my Republican colleagues, don’t want anything for nothing. their investigation, it costs the banks who supported my efforts said we did I said: So what are you worried between 7 and 12 cents to process a not want to go this far to give the Fed- about? debit card transaction. But the Fed re- eral Reserve this authority. But there Well, I am worried because I have a ported that big banks and card net- is literally no competition when it cap on my health insurance of 1 million works charge merchants, retailers, comes to credit and debit cards. That is bucks, and I have already spent $750,000 charities, universities, and others an why the government has to step in.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23487 That is why we think the Federal Re- use their excess interchange subsidy to ests. And I would note that my amend- serve is moving in the right direction. pay for things like ads, rewards pro- ment was supported by a broad range Go look at any bank’s Web site and grams, and CEO bonuses. of consumer groups and by millions of look to see how much that bank The result of my amendment is that consumers who signed petitions in sup- charges in interchange fees. You won’t we will squeeze the fat out of the inter- port of swipe fee reform. find anything. change system. Banks will still be able Also, I note that the Fed met on Oc- Why? Because for years, the banks to use interchange to pay for necessary tober 13 with a number of consumer have enjoyed a cozy scheme where they processing costs, but they won’t be groups to discuss how to implement let Visa and MasterCard fix the inter- able to use this interchange scheme to interchange reform. change fee rates that each bank re- take excessive fees out of the pockets The Fed has posted online summaries ceives. of merchants and their customers. of all its interchange meetings, and ac- This means banks do not have to Second, my amendment said that if a cording to that summary, the con- compete with one another. They all re- bank takes steps to effectively reduce sumer groups said they preferred that ceive the same fees no matter how fraud in debit transactions, that bank debit interchange fees be either de much a particular bank actually can get an increase in their inter- minimis or zero. spends to process transactions or to change rate. Consumers support interchange re- prevent fraud. So instead of the current system, form because, as a November 2009 GAO The current interchange system is a where Visa and MasterCard give banks study points out, it is under the cur- price-fixing scheme. Visa and the same interchange rate no matter rent interchange system that ‘‘mer- MasterCard set the fee rates that thou- how much fraud the bank allows, my chants pass on their increasing card ac- sands of banks receive. Efficient banks amendment will actually incentivize ceptance costs to their customers.’’ and inefficient banks receive exactly banks to reduce the amount of fraud The National Retail Federation esti- the same fees. that takes place. The rules that the mates that each American family pays And Visa and MasterCard have so Fed institutes on this will mark a an extra $427 per year as a result of in- much market power over 75 percent of major step forward. flated prices due to interchange fees. the market—that they can raise rates Third, my amendment said that card Reining in soaring interchange fees whenever they want to and tell mer- networks cannot require that their reduces costs for merchants and con- chants to take it or leave it. debit cards all use exclusively one sumers alike. Merchants have no choice but to take debit network. Now make no mistake—I expect the it, because now over half of all retail The story here is that there are a banks and card companies will try to transactions take place with cards. number of debit networks that mer- get around debit interchange regula- They can’t say no. chants can use to conduct trans- tions by creating new hidden consumer It is easy to see that the banks and actions. Until recently, most cards fees and by steering consumers toward card companies set up this interchange could be used on multiple networks. less-regulated products like prepaid scheme. It benefits the banks that re- You used to see a number of debit net- cards. We saw the banks do this after ceive high fees and don’t need to com- work logos on each debit card. the credit card reform bill was enacted In recent years, however, the biggest pete with each other or negotiate with last year. networks like Visa have begun requir- merchants. And it benefits Visa and But I want the banks and card com- ing banks to sign exclusive agreements MasterCard, because they get their panies to know that I will be watching, under which they become the sole net- own network fee each time a card is and I will make sure both the Congress work on the banks’ cards. This dimin- swiped, and high interchange fees mean and regulators step in as needed to pre- ishes competition between networks more banks will issue more cards. vent consumers from being fleeced. and leads to higher prices. My amend- But the system is unfair to mer- Finally, my amendment has been ment will restore this competition. chants and to consumers in the United criticized because some say it will hurt Finally, my amendment said that States. They have to pay billions per small banks and credit unions. card networks can no longer penalize year in these fees with no negotiation I have pointed out repeatedly that merchants who try to offer certain dis- and no competition. my amendment bends over backward to counts to consumers, like discounts for The interchange amendment that I protect these small institutions. I using debit instead of credit. This was offered—and that is now law reins in don’t want to drive them out of the a clear pro-consumer provision. debit card market, and my amendment these abusive fees. I know that my amendment has been won’t do that. My amendment did several things. criticized by the banks and by some of Nothing in the amendment enables First, it said that if the big banks are their allies in Congress. Those criti- merchants to discriminate against going to let Visa and MasterCard fix cisms have generally fallen along sev- cards issued by small banks and credit fees on their behalf, the Federal Re- eral lines. serve should regulate those fees. Some have argued that my amend- unions. Merchants are still required by The amendment said that any debit ment is a problem because it involves Visa and MasterCard contracts to ac- interchange fee that is set by a card price fixing. cept all cards regardless of the issuer. network and passed along to a big bank I agree that price fixing is a problem, And the amendment exempts banks must be regulated by the Fed to ensure but it is the current interchange fee with less than $10 billion in assets from that the fee is reasonable and propor- system that represents price fixing. interchange fee regulation. All but tional to the actual cost of processing Don’t take it from me even Visa ad- around 90 banks and 3 credit unions are the transaction. mits that they fix prices for all their exempt. If a bank wants to charge its own member banks under the current sys- These small banks can continue to fees to reflect the costs it bears, so be tem. They sent a letter to the Fed on receive the same high interchange fees it. My amendment does not regulate November 8 saying, quote, ‘‘issuers do that they do today and they will actu- that, and as long as those fees are not in practice set interchange trans- ally receive higher fee rates than their transparent and competitive, I am fine action fees; rather, these fees are set big bank competitors. with it. by networks,’’ If Visa and MasterCard are so protec- But if the banks all get together and My amendment tries to correct price tive of their big bank members that decide to let Visa and MasterCard fix fixing, not create it. they decide to voluntarily cut the fees for them, that is where my amend- Second, my amendment has been interchange rates that small banks re- ment steps in. criticized because some think that it ceive, they will be doing so against We know that banks today receive will not benefit consumers. their own profit motive—and they may far more in interchange than it costs I absolutely agree that interchange be doing so in violation of the antitrust them to do debit transactions. They reform should protect consumer inter- laws.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23488 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 My amendment does not harm small With our economy now at the fore- Nature’s warnings abound. Nature is banks and credit unions, and I will be front of our minds, you would think we giving us every signal of distress a pru- watching to make sure Visa, would have paid more attention to the dent person could want or need to MasterCard and the big banks do not economic imperative of energy reform. begin to take prudent precautions. Na- harm them either. As the global economic race to clean ture’s voice is clear. Finally, I will point out that the energy rushes by around us, you would According to NASA, 2010 was the hot- United States is actually late to the think we would have exhibited more test climate year on record, surpassing party when it comes to interchange concern at the prospect of being left 2005 as the previous record year. regulation. behind. The acidification of our oceans has According to an April 2008 report by Instead, we remain engaged as a na- reached levels not seen in 8,000 cen- the Federal Reserve Bank of Kansas tion in a de facto policy of unilateral turies—that is quite a bandwidth to City, banks have reached agreement economic disarmament in the battle fall out of. with foreign governments to reduce for command of tomorrow’s energy September 2010 saw the lowest re- interchange fees in countries such as economy. We are surrendering to corded Arctic ice volume, at 78 percent below the 1979 level. Researchers warn Israel, Mexico, and Switzerland. China, to the European Union, to com- that the Arctic Sea could be ice free by Just this week, the European Union petitors around the world. reached an agreement with Visa Eu- The United States invented the first 2030 and Glacier National Park without glaciers. rope to limit debit interchange fees to solar cell, but we now rank fifth among Western forests, as Senator UDALL 0.2 percent in nine countries and for countries that manufacture solar com- cross-border EU transactions. just described, are falling by the mile ponents. Other countries see the de- to the ravages of spruce and mountain These countries are doing fine with- mand for clean energy, and they are out excessive interchange fees. And the beetles, as warmer winters fail to kill moving their companies ahead of ours off these pests. United States will do fine as well. in the race to meet that demand. The In conclusion, the Fed’s release of A warming climate adds energy to United States is now home to only 1 of our weather systems, loading the mete- proposed interchange rules is an impor- the top 10 companies manufacturing orological dice for worse and more fre- tant step toward bringing relief to our solar energy components and to only 1 quent storms, and we are seeing worse nation’s merchants and consumers. of the top 10 companies manufacturing Now the Fed will commence a formal and more frequent storms. wind turbines. I am particularly alert to our Earth’s comment period on the draft rules, and Half of America’s existing wind tur- alarm signals since I represent Rhode I and many others will likely submit bines were manufactured overseas. In Island, the Ocean State. Rhode Island comments suggesting how the draft Portsmouth, RI, we have installed two and other coastal States face a triple can be further improved. wind turbines. One was manufactured whammy. I look forward to this process. by a Danish company. The other was First, we get the same terrestrial ef- I again want to thank my 63 col- manufactured by an Austrian com- fects from climate change as all leagues who stood up back in May and pany, its components delivered to States: warming climates, changing voted for my amendment to rein in the Rhode Island by a Canadian dis- habitats, and harsher and more fre- unfair debit interchange system. I look tributor. quent storms. Second, we will also suf- forward to continuing to work with Even in coal sequestration, in a coun- fer from changes affecting our ocean them on this issue in the future. try where half our power still comes economies: species shifts as bays and I know this fight will be engaged from coal, we are not leading. Only one oceans warm, lost fisheries, and the again next year. I am looking forward plant is under construction now with pervasive danger of ocean acidification. to defending what we have done and to the capability to capture any signifi- Rhode Island’s productive winter floun- move with Senator MENENDEZ of New cant portion of its carbon emissions. der fishery, for instance, is already vir- Jersey and others to deal with other The new energy economy that beck- tually gone. Third, we coastal States abuses in the credit card industry, such ons us has been described in congres- face the local consequences of rising as the prepaid debit card where there sional testimony as bigger by far than sea levels: protecting coastal infra- are vast overcharges of fees. We have the tech revolution that brought us our structure, rezoning to compensate for to stand in this body for the consumers laptops and our iPads and our Black- new storm surge velocity zones, per- of America. They cannot afford the Berries and the Internet services that haps even diking and damming to pro- well-paid lobbyists in the hallways. We are now so important a part of our tect low-lying areas from inundation. have to stand for them because those daily lives. The tech economy is $1 tril- We can foresee these consequences, people are the backbone of our econ- and we can foresee the devastation lion; the energy economy is $6 trillion. omy, and without our support, have In the race for commanding position they will bring. limited voice in the decisionmaking Beyond our economic self-interest in this new energy economy, America that takes place in this Chamber. and beyond our responsibility as care- designed much of the underlying en- I yield the floor. takers of the planet is the fact that cli- The PRESIDING OFFICER. The Sen- ergy technology that the world is mate change presents a threat to our ator from Rhode Island. using, but other countries have put the national security. Mr. WHITEHOUSE. Mr. President, I propulsive effect of their government Leaders of our defense and intel- ask unanimous consent to speak for up behind their industries, and they are ligence communities from both Repub- to 20 minutes in morning business. pulling ahead of us in bringing those lican and Democratic administrations The PRESIDING OFFICER. Without new technologies—our new tech- and from the career military, outside objection, it is so ordered. nologies—to market. Our competitors of politics, have come forward to ex- are moving to seize an irretrievable ad- f press their concern. vantage in the development and dis- Respected leaders such as GEN Wes- ENERGY REFORM tribution of new energy technologies, ley Clark and former CIA Director Mr. WHITEHOUSE. Mr. President, we and we are letting them. James Woolsey have called for us to come to the end of this Congress hav- Our children, I fear, will judge us aggressively reduce our reliance on fos- ing once again failed to harness the sternly for failing to protect America’s sil fuels. In 2007, the nonprofit CNA economic potential achievable through economic self-interest at this pivotal Military Advisory Board gathered a reform of our Nation’s energy portfolio time. But they will judge us for that dozen of the Nation’s most respected or to heed the dire warnings put forth less sternly than they will judge us for retired admirals and generals, includ- by our planet about the effects of our our failure to protect their lands and ing former Chief of Staff of the Army relentless carbon pollution. waters, the air and climate they will GEN Gordon Sullivan and former com- The results of our failure are many inherit. For this, their verdict will be mander-in-chief of U.S. Central Com- and are significant. harsh. mand GEN Anthony Zinni, to produce a

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23489 report called ‘‘National Security and American virtues, and they have I see the majority leader on the floor. the Threat of Climate Change.’’ changed the course of humanity. I wish to inquire if he would like me to Its principal conclusion is that cli- But our exceptional place in the yield for a moment to him as a cour- mate change poses a serious threat to human story does not give us an ex- tesy. national security by acting as a cuse. It does not give us a pass. It gives Mr. REID. Has my friend completed ‘‘threat multiplier’’ for instability in us, as Americans, a responsibility. Our his statement? some of the world’s most volatile re- American exceptionalism confers on Mr. WHITEHOUSE. I have not. gions and presents significant national Americans a responsibility. To ignore, Mr. REID. I say to the Senator, security challenges for the United as we have, the calm and constant please complete your statement. States. counsels of science is not consistent Mr. WHITEHOUSE. Thank you, As former ADM T. Joseph Lopez with that responsibility. To ignore Leader. states in the report: facts that are so plain as to be defacing Some say we do not have to worry More poverty, more forced migrations, our planet—her great glaciers and seas, about the consequences that will come higher unemployment. Those conditions are her lands and species—is not consistent from what we see happening around us, ripe for extremists and terrorists. with that responsibility. To turn away that we do not have to attend to na- The official position of the U.S. Gov- from leadership at a time when other ture’s warnings about the effects of ernment is the same—not just at EPA, nations are turning to us for leadership what we are doing because God will get the Environmental Protection Agency, is not consistent with that responsi- us out of the mess we are making. Per- not just in the political elements of the bility. It is not American haps, but history shows how often administration. In 2008, the intel- exceptionalism to be exceptionally God’s work is done through the work of ligence organizations within our na- wrong or exceptionally blind or excep- human hands, through the gifts of the tional security structure prepared a tionally timid. human mind, through the responsi- national intelligence assessment on James Fallows wrote in a recent At- bility of the human conscience. In this, the national security implications of lantic article about clean coal tech- as in so many other things, God’s work climate change. nology that: must be our own. The task for our Testifying before Congress on the re- . . . the Chinese government can decide to hands is to address the facts science port, chairman of the National Intel- transform the country’s energy system in 10 has long told us will bear on the prob- ligence Council, Dr. Thomas Finger, years, and no one doubts that it will. An in- lem: First and foremost, the rise in said the impacts of climate change: coming U.S. Administration can promise to carbon pollution. We are now dumping . . . will worsen existing problems—such as create a clean-energy revolution, but only 37 billion tons, or 37 gigatons, of CO a poverty, social tensions, environmental deg- naifs believe that it will. year into our atmosphere. Twenty radation, ineffectual leadership, and weak Is this what the United States has years ago, that number was less than 25 political institutions. Climate change could come to, a country so mired in its in- gigatons. Twenty years from now it threaten domestic stability in some states, ternal quarrels and bickering, so slave might be over 50 gigatons. potentially contributing to intra- or, less to special interests that we cannot likely, interstate conflict, particularly over We know what that means. Carbon access to increasingly scarce water re- dream big, cannot do what others say dioxide persists in the environment for sources. is impossible? decades. We know that. So as we pile The Department of Defense Quadren- An eminent historian once counseled on the gigatons every year, it piles up nial Defense Review for 2010 concurred, his students about the harsh judgments in our atmosphere. We know that. The declaring that climate change will play which it is history’s power to inflict on concentration of carbon dioxide in the a ‘‘significant role in shaping the fu- the wrong. We are, by our inaction, by atmosphere has fluctuated in a range ture security environment.’’ our folly, by our unwillingness to face between 180 and 280 parts per million The review stated: facts, by our refusal to pick up the over most of the last million years. In mantle of leadership, earning such a While climate change alone does not cause 1900, the CO2 concentration had popped conflict, it may act as an accelerant of insta- harsh judgment. We have chosen to ig- out of that range up to 300 parts per bility or conflict, placing a burden to re- nore the plain and indisputable signals million, and today the concentration spond on civilian institutions and militaries of our planet, signals that should warn exceeds 390 parts per million and is around the world. us about the dangers of the path on climbing at about 2 parts per million So here we have it, an enormous which we are embarked. We have cho- every year. We know what that means missed opportunity economically in a sen to ignore both the clear and too. time of economic hardship, an unthink- present dangers apparent around us We have known since the Irish sci- able failure to safeguard the world our now and those looming dangers our entist, John Tyndall, figured it out in children will inherit, an accelerant of God-given intelligence gives us the 1859—the year Oregon was admitted as instability and conflict at a time when ability to foresee. We have instead cho- the 33rd State, when James Buchanan our security is threatened by both and sen to listen to a siren song: the siren was President, and when, ironically, still no action. How could we have song of propaganda, marketed by spe- the first U.S. oil well was drilled—that ended up here again? cial interests, indeed, by the very pol- carbon dioxide traps heat in our atmos- We have ended up here again because luters whose carbon pollution is wreak- phere. It is basic textbook science. of a very unfortunate situation in our ing this damage. That is our choice, Unfortunately, basic textbook country right now. and it is a choice for which history’s science has encountered basic textbook I will confess, I am an American judgment will be justifiably harsh. politics and lost. exceptionalist. Over and over, I have The judgment will be harsh because The oil-and-gas sector spent $250 mil- spoken on the floor about this country the answer to that choice is wrong—be- lion in lobbying expenses while we were as a city on a hill, as a beacon in the cause the perils are real, because the working on a climate change bill be- darkness, as mankind’s last, best hope, Earth acts by the laws of physics and tween January 2009 and June 2010. The as leading the world by our example. chemistry and biology. Atmospheric electric utilities kicked in another $264 These are trite comments perhaps, but carbon levels cannot be talked down by million in lobbying expenditures. The I say them unashamedly. Our balanced propaganda; our warming bays and seas mining industry topped it off with $29 system of government, our founding cannot be cooled down by corporate million, for a grand total industry lob- principles of ordered liberty, our em- spin; our petty politics simply are not bying expense during this period of brace of our diversity, our willingness part of the equation when these great more than $1⁄2 billion—$543 million, to to fight and die for freedom in foreign forces of nature are set in motion. be exact. lands and then come home, without Similar to King Canute, we cannot So the judgment of history will be conquest, with other nations’ freedom change this tide by proclamation, let harsh not just because we were wrong, our only prize, these are exceptional alone by propaganda. nor just because we were wrong in ways

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23490 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 that we were able to understand were So even as I communicate to my col- and the Senate, respectively, to reassemble wrong. It will be harsh because we in leagues my disappointment at this at such place and time as they may des- this generation were entrusted with year’s failure, I wish to challenge ignate if, in their opinion, the public interest America’s great democracy, as other Americans to take into their own shall warrant it. generations before us have been en- hands the job of creating next year’s f trusted with America’s great democ- success. Call us. Write to us. Make us THANKING OUR SENATE PAGES racy, and we will have failed that trust do this. You know we will be a stronger Mr. REID. I have a few brief words, so by failing in this challenge to meet the America if we do. You know we will be I would appreciate everyone’s patience. standards of a great democracy. a safer America if we do. You know we Through early mornings and late We fail that trust because this is no will be a more respected America if we nights, weekdays and weekends, dedi- innocent mistake. This is not getting do. Make us do this. cated Senate pages often work as hard it wrong even though we tried our best. Every American generation is given as do Senators and staffs. Their job is This is not even getting it wrong be- its chance to meet with honor, energy, fast-paced. We ask a lot of these young cause we were lazy and not paying at- and wisdom the great challenges of its men and women. They have significant tention. This is no innocent mistake. day. Every American generation can responsibilities and much is expected This is the power of money in politics. rise to meet those challenges in a way of them. Sometimes, like this past This is the power of propaganda over that burnishes the gleam of our city on week, those responsibilities and expec- truth. This is the deliberate poisoning a hill, in a way that brightens the lamp tations are tremendous. of the public square with defective in- America holds out in the darkness. This past week has been one of those formation, with manufactured doubt, That moment is upon us in this time times. Thirty pages began working in with false choices, with a campaign of and place, and we must rise to it. September for this semester, and by calculated deception. In the same ‘‘At- I yield the floor, and I thank the ma- now most of them have gone home to lantic’’ article I quoted earlier, James jority leader for his courtesy. their families all across America—all Fallows observed: The PRESIDING OFFICER. The ma- but two of them, Rachel Bailey and Heads of the major coal-mining and elec- jority leader. Jarrod Nagurka. Rachel is from Mary- tric-power utilities in United States and f land and Jarrod is from Virginia. China accept as settled fact that greenhouse This past week has been very hectic. gas emissions are an emergency they must PROVIDING FOR THE SINE DIE AD- confront because of the likely disruptive ef- JOURNMENT OF THE SECOND Through last weekend and during this fect on the world climate. SESSION OF THE ONE HUNDRED week, historic legislation has been de- bated and passed right here on the Sen- Even they get it but not us. We, the ELEVENTH CONGRESS ate floor. The Senate floor cloakrooms generation that lives today, the Con- Mr. REID. Mr. President, I ask unan- have been extremely busy. Many gress that serves today, the public imous consent the Senate proceed to H. amendments have been filed and called servants in office today can begin to Con. Res. 336, which is at the desk. up. There has been an unusual situa- turn the tide, and we must if we are to The PRESIDING OFFICER. The tion where we have been in executive live up to our legacy as Americans and clerk will report the concurrent resolu- session with one of the rare treaties face up to the judgment of history. We tion by title. that are debated in this body. Senators can fight the propaganda. We can be The legislative clerk read as follows: have been heavily engaged trying to servants of the truth. We can prevent A concurrent resolution (H. Con. Res. 336) finish the work of the 111th Congress. manufactured doubt from ruling the providing for the sine die adjournment of the Without a single complaint, Rachel day. But we haven’t. second session of the 111th Congress. and Jarrod, these two pages, have been Losing another year in which we The PRESIDING OFFICER. The mes- carrying the load of all 30 Democratic could have taken the action demanded sage is privileged. and Republican pages. These two fine of us by our economy, by our national Without objection, the Senate pro- young pages have worked both cloak- security, by our planet was a mistake. ceeded to consider the resolution. rooms. They haven’t had any days off Losing this great democracy to the in- Mr. REID. Mr. President, I ask for a and have regularly worked up to 13 to ertia and cynicism of these political vote on this at this time. 14 hours each day. That is a lot for any- times would be a disaster. The PRESIDING OFFICER. The one, and it is certainly a lot for a 16- But beyond the four walls of this question is on agreeing to the concur- year-old who is a student besides. Chamber, I believe there is reason to rent resolution. The Senate greatly appreciates Ra- hope. Each day Americans are waking The concurrent resolution (H. Con. chel and Jarrod’s commitment and up to this challenge. Each day young Res. 336) was agreed to, as follows: calmness while the Senate’s work has people are joining together in their H. CON. RES. 336 been so hectic. They have made our neighborhoods attempting small but work much easier. They have been ex- significant local solutions to this large Resolved by the House of Representatives (the Senate concurring), That when the House ad- ceedingly professional, and I thank and imposing global problem. Each day journs on any legislative day from Friday, them. our entrepreneurs seek new rays of op- December 17, 2010, through Friday, December I want every one of their family portunity in the clouds of dismay, find- 24, 2010, on a motion offered pursuant to this members to know that in the minds of ing ways to serve both their business concurrent resolution by its Majority Leader the Senate, these are two legislative or his designee, it stand adjourned sine die, instincts and their duty as citizens of heroes. the planet. Each day business leaders or until the time of any reassembly pursuant are looking at our inaction with grow- to section 2 of this concurrent resolution, f ing regret and worry. And each day or- whichever occurs first; and that when the SBIR/STTR REAUTHORIZATION ACT Senate adjourns on any day from Sunday, dinary citizens from every walk of life December 19, 2010, through 11:59 a.m. on Mon- OF 2010 are more and more, with clear eyes, day, January 3, 2011, on a motion offered pur- Mr. NELSON of Florida. Mr. Presi- seeing what we must face in the years suant to this concurrent resolution by its dent, I ask unanimous consent that the ahead. Majority Leader or his designee, it stand ad- Senate proceed to the immediate con- Many things influence our political journed sine die, or until the time of any re- sideration of S. 4053, introduced earlier institutions. Yes, money does; yes, par- assembly pursuant to section 2 of this con- today. current resolution, whichever occurs first. tisanship does. But more than any- The PRESIDING OFFICER. The thing else, we are all servants. Each of SEC. 2. The Speaker of the House and the Majority Leader of the Senate, or their re- clerk will report the bill by title. us, given loud enough calls from our spective designees, acting jointly after con- The bill clerk read as follows: country, from our States, from our sultation with the Minority Leader of the A bill (S. 4053) to reauthorize and improve communities, will have no choice but House and the Minority Leader of the Sen- the SBIR and STTR programs, and for other to listen. ate, shall notify the Members of the House purposes.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23491 The ACTING PRESIDENT pro tem- Sec. 305. Government database. ministration under this section, which shall pore. There being no objection, the Sec. 306. Accuracy in funding base calcula- be— Senate proceeded to consider the bill. tions. ‘‘(A) headed by the Assistant Adminis- Sec. 307. Continued evaluation by the Na- Mr. NELSON of Florida. Mr. Presi- trator for Technology, who shall report di- tional Academy of Sciences. rectly to the Administrator; and dent, I ask unanimous consent that the Sec. 308. Technology insertion reporting re- ‘‘(B) independent from the Office of Gov- bill be read a third time and passed, quirements. ernment Contracting of the Administration the motion to reconsider be laid upon Sec. 309. Intellectual property protections. and sufficiently staffed and funded to comply the table, and any statements relating Sec. 310. Obtaining consent from SBIR and with the oversight, reporting, and public to the bill be printed in the RECORD. STTR applicants to release con- database responsibilities assigned to the Of- The PRESIDING OFFICER. Without tact information to economic fice of Technology by the Administrator.’’. development organizations. SEC. 103. SBIR ALLOCATION INCREASE. objection, it is so ordered. Sec. 311. Pilot to allow funding for adminis- The bill (S. 4053) was ordered to be Section 9(f) of the Small Business Act (15 trative, oversight, and contract U.S.C. 638(f)) is amended— engrossed for a third reading, was read processing costs. (1) in paragraph (1)— the third time, and passed, as follows: Sec. 312. GAO study with respect to venture (A) in the matter preceding subparagraph S. 4053 capital operating company in- (A), by striking ‘‘Each’’ and inserting ‘‘Ex- volvement. cept as provided in paragraph (2)(B), each’’; Be it enacted by the Senate and House of Rep- Sec. 313. Reducing vulnerability of SBIR and resentatives of the United States of America in (B) in subparagraph (B), by striking ‘‘and’’ STTR programs to fraud, waste, at the end; and Congress assembled, and abuse. SECTION 1. SHORT TITLE. (C) by striking subparagraph (C) and in- Sec. 314. Interagency policy committee. serting the following: This Act may be cited as the ‘‘SBIR/STTR TITLE IV—POLICY DIRECTIVES Reauthorization Act of 2010’’. ‘‘(C) not less than 2.5 percent of such budg- Sec. 401. Conforming amendments to the et in fiscal year 2011; SEC. 2. TABLE OF CONTENTS. SBIR and the STTR Policy Di- ‘‘(D) not less than 2.6 percent of such budg- The table of contents for this Act is as fol- rectives. et in fiscal year 2012; lows: TITLE V—OTHER PROVISIONS ‘‘(E) not less than 2.7 percent of such budg- Sec. 1. Short title. Sec. 501. Research topics and program diver- et in fiscal year 2013; Sec. 2. Table of contents. sification. ‘‘(F) not less than 2.8 percent of such budg- Sec. 3. Definitions. Sec. 502. Report on SBIR and STTR program et in fiscal year 2014; TITLE I—REAUTHORIZATION OF THE goals. ‘‘(G) not less than 2.9 percent of such budg- SBIR AND STTR PROGRAMS Sec. 503. Competitive selection procedures et in fiscal year 2015; Sec. 101. Extension of termination dates. for SBIR and STTR programs. ‘‘(H) not less than 3.0 percent of such budg- et in fiscal year 2016; Sec. 102. Status of the Office of Technology. SEC. 3. DEFINITIONS. ‘‘(I) not less than 3.1 percent of such budget Sec. 103. SBIR allocation increase. In this Act— in fiscal year 2017; Sec. 104. STTR allocation increase. (1) the terms ‘‘Administration’’ and ‘‘Ad- ‘‘(J) not less than 3.2 percent of such budg- Sec. 105. SBIR and STTR award levels. ministrator’’ mean the Small Business Ad- et in fiscal year 2018; Sec. 106. Agency and program flexibility. ministration and the Administrator thereof, ‘‘(K) not less than 3.3 percent of such budg- Sec. 107. Elimination of Phase II invita- respectively; et in fiscal year 2019; tions. (2) the terms ‘‘extramural budget’’, ‘‘Fed- ‘‘(L) not less than 3.4 percent of such budg- Sec. 108. Participation by firms with sub- eral agency’’, ‘‘Small Business Innovation et in fiscal year 2020; and stantial investment from mul- Research Program’’, ‘‘SBIR’’, ‘‘Small Busi- ‘‘(M) not less than 3.5 percent of such budg- tiple venture capital operating ness Technology Transfer Program’’, and et in fiscal year 2021 and each fiscal year companies in a portion of the ‘‘STTR’’ have the meanings given such terms thereafter,’’; and SBIR program. in section 9 of the Small Business Act (15 (2) in paragraph (2)— Sec. 109. SBIR and STTR special acquisition U.S.C. 638); and (A) by redesignating subparagraphs (A) and preference. (3) the term ‘‘small business concern’’ has (B) as clauses (i) and (ii), respectively, and Sec. 110. Collaborating with Federal labora- the meaning given that term under section 3 adjusting the margins accordingly; tories and research and devel- of the Small Business Act (15 U.S.C. 632). opment centers. (B) by striking ‘‘A Federal agency’’ and in- TITLE I—REAUTHORIZATION OF THE SBIR Sec. 111. Notice requirement. serting the following: AND STTR PROGRAMS Sec. 112. Express authority for an agency to ‘‘(A) IN GENERAL.—A Federal agency’’; and award sequential Phase II SEC. 101. EXTENSION OF TERMINATION DATES. (C) by adding at the end the following: awards for SBIR or STTR fund- (a) SBIR.—Section 9(m) of the Small Busi- ‘‘(B) DEPARTMENT OF DEFENSE AND DEPART- ed projects. ness Act (15 U.S.C. 638(m)) is amended— MENT OF ENERGY.—For the Department of De- (1) by striking ‘‘TERMINATION.—’’ and all fense and the Department of Energy, to the TITLE II—OUTREACH AND that follows through ‘‘the authorization’’ greatest extent practicable, the percentage COMMERCIALIZATION INITIATIVES and inserting ‘‘TERMINATION.—The author- of the extramural budget in excess of 2.5 per- Sec. 201. Rural and State outreach. ization’’; cent required to be expended with small busi- Sec. 202. SBIR–STEM Workforce Develop- (2) by striking ‘‘2008’’ and inserting ‘‘2018’’; ness concerns under subparagraphs (D) ment Grant Pilot Program. and through (M) of paragraph (1)— Sec. 203. Technical assistance for awardees. (3) by striking paragraph (2). ‘‘(i) may not be used for new Phase I or Sec. 204. Commercialization Readiness Pro- (b) STTR.—Section 9(n)(1)(A) of the Small Phase II awards; and gram at Department of Defense. Business Act (15 U.S.C. 638(n)(1)(A)) is ‘‘(ii) shall be used for activities that fur- Sec. 205. Commercialization Readiness Pilot amended— ther the readiness levels of technologies de- Program for civilian agencies. (1) by striking ‘‘IN GENERAL.—’’ and all veloped under Phase II awards, including Sec. 206. Accelerating cures. that follows through ‘‘with respect’’ and in- conducting testing and evaluation to pro- Sec. 207. Federal agency engagement with serting ‘‘IN GENERAL.—With respect’’; mote the transition of such technologies into SBIR and STTR awardees that (2) by striking ‘‘2009’’ and inserting ‘‘2018’’; commercial or defense products, or systems have been awarded multiple and furthering the mission needs of the Depart- Phase I awards but have not (3) by striking clause (ii). ment of Defense or the Department of En- been awarded Phase II awards. SEC. 102. STATUS OF THE OFFICE OF TECH- ergy, as the case may be.’’. Sec. 208. Clarifying the definition of ‘‘Phase NOLOGY. SEC. 104. STTR ALLOCATION INCREASE. III’’. Section 9(b) of the Small Business Act (15 Section 9(n)(1)(B) of the Small Business Sec. 209. Shortened period for final decisions U.S.C. 638(b)) is amended— Act (15 U.S.C. 638(n)(1)(B)) is amended— on proposals and applications. (1) in paragraph (7), by striking ‘‘and’’ at (1) in clause (i), by striking ‘‘and’’ at the TITLE III—OVERSIGHT AND EVALUATION the end; end; Sec. 301. Streamlining annual evaluation re- (2) in paragraph (8), by striking the period (2) in clause (ii), by striking ‘‘thereafter.’’ quirements. at the end and inserting ‘‘; and’’; and inserting ‘‘through fiscal year 2011;’’; and Sec. 302. Data collection from agencies for (3) by redesignating paragraph (8) as para- (3) by adding at the end the following: SBIR. graph (9); and ‘‘(iii) 0.4 percent for fiscal years 2012 and Sec. 303. Data collection from agencies for (4) by adding at the end the following: 2013; STTR. ‘‘(10) to maintain an Office of Technology ‘‘(iv) 0.5 percent for fiscal years 2014 and Sec. 304. Public database. to carry out the responsibilities of the Ad- 2015; and

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23492 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 ‘‘(v) 0.6 percent for fiscal year 2016 and SBIR program or the STTR program may re- ‘‘(D) otherwise fulfill the capital needs of each fiscal year thereafter.’’. ceive a subsequent Phase II award in either small business concerns for additional fi- SEC. 105. SBIR AND STTR AWARD LEVELS. the SBIR program or the STTR program and nancing for the SBIR project. (a) SBIR ADJUSTMENTS.—Section 9(j)(2)(D) the participating agency or agencies shall ‘‘(3) REGISTRATION.—A small business con- of the Small Business Act (15 U.S.C. report the awards to the Administrator for cern that is majority-owned by multiple ven- 638(j)(2)(D)) is amended— inclusion in the public database under sub- ture capital operating companies and quali- (1) by striking ‘‘$100,000’’ and inserting section (k). fied for participation in the program author- ‘‘$150,000’’; and ‘‘(3) PREVENTING DUPLICATIVE AWARDS.—Be- ized under paragraph (1) shall— (2) by striking ‘‘$750,000’’ and inserting fore making an award under paragraph (1) or ‘‘(A) register with the Administrator on ‘‘$1,000,000’’. (2), the head of a Federal agency shall verify the date that the small business concern sub- (b) STTR ADJUSTMENTS.—Section that the project to be performed with the mits an application for an award under the 9(p)(2)(B)(ix) of the Small Business Act (15 award has not been funded under the SBIR SBIR program; and U.S.C. 638(p)(2)(B)(ix)) is amended— program or STTR program of another Fed- ‘‘(B) indicate in any SBIR proposal that (1) by striking ‘‘$100,000’’ and inserting eral agency.’’. the small business concern is registered ‘‘$150,000’’; and under subparagraph (A) as majority-owned SEC. 107. ELIMINATION OF PHASE II INVITA- by multiple venture capital operating com- (2) by striking ‘‘$750,000’’ and inserting TIONS. ‘‘$1,000,000’’. panies. (a) IN GENERAL.—Section 9(e) of the Small (c) ANNUAL ADJUSTMENTS.—Section 9 of the ‘‘(4) COMPLIANCE.— Small Business Act (15 U.S.C. 638) is amend- Business Act (15 U.S.C. 638(e)) is amended— ‘‘(A) IN GENERAL.—The head of a Federal ed— (1) in paragraph (4)(B), by striking ‘‘to fur- agency that makes an award under this sub- (1) in subsection (j)(2)(D), by striking ther’’ and inserting: ‘‘which shall not include section during a fiscal year shall collect and ‘‘once every 5 years to reflect economic ad- any invitation, pre-screening, pre-selection, submit to the Administrator data relating to justments and programmatic consider- or down-selection process for eligibility for the number and dollar amount of Phase I ations’’ and inserting ‘‘every year for infla- the second phase, that will further’’; and awards, Phase II awards, and any other cat- tion’’; and (2) in paragraph (6)(B), by striking ‘‘to fur- egory of awards by the Federal agency under (2) in subsection (p)(2)(B)(ix) by inserting ther develop proposed ideas to’’ and inserting the SBIR program during that fiscal year. ‘‘(each of which the Administrator shall ad- ‘‘which shall not include any invitation, pre- ‘‘(B) ANNUAL REPORTING.—The Adminis- just for inflation annually)’’ after screening, pre-selection, or down-selection trator shall include as part of each annual ‘‘$750,000,’’. process for eligibility for the second phase, report by the Administration under sub- that will further develop proposals that’’. (d) LIMITATION ON SIZE OF AWARDS.—Sec- section (b)(7) any data submitted under sub- tion 9 of the Small Business Act (15 U.S.C. SEC. 108. PARTICIPATION BY FIRMS WITH SUB- paragraph (A) and a discussion of the compli- 638) is amended by adding at the end the fol- STANTIAL INVESTMENT FROM MUL- ance of each Federal agency that makes an lowing: TIPLE VENTURE CAPITAL OPER- award under this subsection during the fiscal ‘‘(aa) LIMITATION ON SIZE OF AWARDS.— ATING COMPANIES IN A PORTION OF year with the maximum percentages under THE SBIR PROGRAM. ‘‘(1) LIMITATION.—No Federal agency may paragraph (1). issue an award under the SBIR program or (a) IN GENERAL.—Section 9 of the Small ‘‘(5) ENFORCEMENT.—If a Federal agency the STTR program if the size of the award Business Act (15 U.S.C. 638), as amended by awards more than the percent of the funds exceeds the award guidelines established this Act, is amended by adding at the end allocated for the SBIR program of the Fed- under this section by more than 50 percent. the following: eral agency authorized under paragraph (1) for a purpose described in paragraph (1), the ‘‘(2) MAINTENANCE OF INFORMATION.—Par- ‘‘(cc) PARTICIPATION OF SMALL BUSINESS head of the Federal agency shall transfer an ticipating agencies shall maintain informa- CONCERNS MAJORITY-OWNED BY VENTURE CAP- amount equal to the amount awarded in ex- tion on awards exceeding the guidelines es- ITAL OPERATING COMPANIES IN THE SBIR PRO- cess of the amount authorized under para- tablished under this section, including— GRAM.— graph (1) to the funds for general SBIR pro- ‘‘(A) the amount of each award; ‘‘(1) AUTHORITY.—Upon a written deter- ‘‘(B) a justification for exceeding the mination described in paragraph (2) provided grams from the non-SBIR and non-STTR re- award amount; to the Administrator and to the Committee search and development funds of the Federal ‘‘(C) the identity and location of each on Small Business and Entrepreneurship of agency not later than 180 days after the date award recipient; and the Senate and the Committee on Small on which the Federal agency made the award ‘‘(D) whether an award recipient has re- Business of the House of Representatives not that caused the total awarded under para- ceived any venture capital investment and, later than 30 days before the date on which graph (1) to be more than the amount au- if so, whether the recipient is majority- an award is made— thorized under paragraph (1) for a purpose owned and controlled by multiple venture ‘‘(A) the Director of the National Insti- described in paragraph (1). capital operating companies. tutes of Health, the Secretary of Energy, and ‘‘(6) EVALUATION CRITERIA.—A Federal ‘‘(3) REPORTS.—The Administrator shall in- the Director of the National Science Founda- agency may not use investment of venture clude the information described in paragraph tion may award not more than 25 percent of capital as a criterion for the award of con- (2) in the annual report of the Administrator the funds allocated for the SBIR program of tracts under the SBIR program or STTR pro- to Congress. the Federal agency to small business con- gram.’’. (b) TECHNICAL AND CONFORMING AMEND- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in cerns that are owned in majority part by MENT.—Section 3 of the Small Business Act this subsection shall be construed to prevent multiple venture capital operating compa- (15 U.S.C. 632) is amended by adding at the a Federal agency from supplementing an nies through competitive, merit-based proce- end the following: award under the SBIR program or the STTR dures that are open to all eligible small busi- ‘‘(aa) VENTURE CAPITAL OPERATING COM- program using funds of the Federal agency ness concerns; and PANY.—In this Act, the term ‘venture capital that are not part of the SBIR program or the ‘‘(B) the head of a Federal agency other operating company’ means an entity de- STTR program of the Federal agency.’’. than a Federal agency described in subpara- scribed in clause (i), (v), or (vi) of section SEC. 106. AGENCY AND PROGRAM FLEXIBILITY. graph (A) that participates in the SBIR pro- 121.103(b)(5) of title 13, Code of Federal Regu- Section 9 of the Small Business Act (15 gram may award not more than 15 percent of lations (or any successor thereto).’’. U.S.C. 638), as amended by this Act, is the funds allocated for the SBIR program of (c) RULEMAKING TO ENSURE THAT FIRMS amended by adding at the end the following: the Federal agency to small business con- THAT ARE MAJORITY-OWNED BY MULTIPLE ‘‘(bb) SUBSEQUENT PHASE II AWARDS.— cerns that are owned in majority part by VENTURE CAPITAL OPERATING COMPANIES ARE ‘‘(1) AGENCY FLEXIBILITY.—A small business multiple venture capital operating compa- ABLE TO PARTICIPATE IN A PORTION OF THE concern that received an award from a Fed- nies through competitive, merit-based proce- SBIR PROGRAM.— eral agency under this section shall be eligi- dures that are open to all eligible small busi- (1) STATEMENT OF CONGRESSIONAL INTENT.— ble to receive a subsequent Phase II award ness concerns. It is the stated intent of Congress that the from another Federal agency, if the head of ‘‘(2) DETERMINATION.—A written deter- Administrator should promulgate regula- each relevant Federal agency or the relevant mination described in this paragraph is a tions to carry out the authority under sec- component of the Federal agency makes a written determination by the head of a Fed- tion 9(cc) of the Small Business Act, as written determination that the topics of the eral agency that explains how the use of the added by this section, that— relevant awards are the same and both agen- authority under paragraph (1) will— (A) permit small business concerns that cies report the awards to the Administrator ‘‘(A) induce additional venture capital are majority-owned by multiple venture cap- for inclusion in the public database under funding of small business innovations; ital operating companies to participate in subsection (k). ‘‘(B) substantially contribute to the mis- the SBIR program in accordance with sec- ‘‘(2) SBIR AND STTR PROGRAM FLEXI- sion of the Federal agency; tion 9(cc) of the Small Business Act; BILITY.—A small business concern that re- ‘‘(C) demonstrate a need for public re- (B) provide specific guidance for small ceived an award under this section under the search; and business concerns that are majority-owned

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23493 by multiple venture capital operating com- cluding whether the criteria should include (i) upon request, shall review an issue re- panies with regard to eligibility, participa- that an applicant is a direct or indirect sub- lating to the rules described in subparagraph tion, and affiliation rules; and sidiary of a foreign-owned entity if— (A); and (C) preserve and maintain the integrity of (I) any venture capital operating company (ii) shall respond to a request under clause the SBIR program as a program for small that owns more than 20 percent of the appli- (i) not later than 20 business days after the business concerns in the United States, pro- cant is a direct or indirect subsidiary of a date on which the request is received. hibiting large businesses or large entities or foreign-owned entity; or (2) INCLUSION OF AFFILIATION RULES FOR foreign-owned businesses or entities from (II) in the aggregate, entities that are di- CERTAIN SMALL BUSINESS CONCERNS.—On and participation in the program established rect or indirect subsidiaries of foreign-owned after the date on which the final regulations under section 9 of the Small Business Act. entities own more than 49 percent of the ap- under subsection (c) are issued, the Adminis- (2) RULEMAKING REQUIRED.— plicant. trator shall post on the website of the Ad- (A) PROPOSED REGULATIONS.—Not later (D) CRITERIA FOR DETERMINING AFFILI- ministration information relating to the reg- than April 30, 2011, the Administrator shall ATION.—The Administrator shall establish ulations, in accordance with paragraph (1). issue proposed regulations to amend section criteria, in accordance with paragraph (1), SEC. 109. SBIR AND STTR SPECIAL ACQUISITION 121.103 (relating to determinations of affili- for determining whether an applicant is af- PREFERENCE. ation applicable to the SBIR program) and filiated with a venture capital operating Section 9(r) of the Small Business Act (15 section 121.702 (relating to ownership and company or any other business that the ven- U.S.C. 638(r)) is amended by adding at the control standards and size standards applica- ture capital operating company has financed end the following: ble to the SBIR program) of title 13, Code of and, in establishing the criteria, shall speci- ‘‘(4) PHASE III AWARDS.—To the greatest ex- Federal Regulations, for firms that are ma- fy that— tent practicable, Federal agencies and Fed- jority-owned by multiple venture capital op- (i) if a venture capital operating company eral prime contractors shall issue Phase III erating companies and participating in the that is determined to be affiliated with an awards relating to technology, including sole SBIR program solely under the authority applicant is a minority investor in the appli- source awards, to the SBIR and STTR award under section 9(cc) of the Small Business cant, the portfolio companies of the venture recipients that developed the technology.’’. Act, as added by this section. capital operating company shall not be de- SEC. 110. COLLABORATING WITH FEDERAL LAB- ORATORIES AND RESEARCH AND DE- (B) FINAL REGULATIONS.—Not later than termined to be affiliated with the applicant, unless— VELOPMENT CENTERS. December 31, 2011, and after providing notice Section 9 of the Small Business Act (15 of and opportunity for comment on the pro- (I) the venture capital operating company owns a majority of the portfolio company; or U.S.C. 638), as amended by this Act, is posed regulations issued under subparagraph amended by adding at the end the following: (A), the Administrator shall issue final or in- (II) the venture capital operating company holds a majority of the seats on the board of ‘‘(dd) COLLABORATING WITH FEDERAL LAB- terim final regulations under this sub- ORATORIES AND RESEARCH AND DEVELOPMENT section. directors of the portfolio company; (ii) subject to clause (i), the Administrator CENTERS.— (3) CONTENTS.— retains the authority to determine whether a ‘‘(1) AUTHORIZATION.—Subject to the limi- (A) IN GENERAL.—The regulations issued venture capital operating company is affili- tations under this section, the head of each under this subsection shall permit the par- participating Federal agency may make ticipation of applicants majority-owned by ated with an applicant, including estab- lishing other criteria; SBIR and STTR awards to any eligible small multiple venture capital operating compa- (iii) the Administrator may not determine business concern that— nies in the SBIR program in accordance with that a portfolio company of a venture capital ‘‘(A) intends to enter into an agreement section 9(cc) of the Small Business Act, as operating company is affiliated with an ap- with a Federal laboratory or federally funded added by this section, unless the Adminis- plicant based solely on one or more shared research and development center for portions trator determines— investors; and of the activities to be performed under that (i) in accordance with the size standards (iv) subject to clauses (i), (ii), and (iii), the award; or established under subparagraph (B), that the Administrator retains the authority to de- ‘‘(B) has entered into a cooperative re- applicant is— termine whether a portfolio company of a search and development agreement (as de- (I) a large business or large entity; or venture capital operating company is affili- fined in section 12(d) of the Stevenson- (II) majority-owned or controlled by a ated with an applicant based on factors inde- Wydler Technology Innovation Act of 1980 (15 large business or large entity; or pendent of whether there is a shared inves- U.S.C. 3710a(d))) with a Federal laboratory. (ii) in accordance with the criteria estab- tor, such as whether there are contractual ‘‘(2) PROHIBITION.—No Federal agency lished under subparagraph (C), that the ap- obligations between the portfolio company shall— plicant— and the applicant. ‘‘(A) condition an SBIR or STTR award (I) is a foreign business or a foreign entity (4) ENFORCEMENT.—If the Administrator upon entering into agreement with any Fed- or is not a citizen of the United States or does not issue final or interim final regula- eral laboratory or any federally funded lab- alien lawfully admitted for permanent resi- tions under this subsection on or before De- oratory or research and development center dence; or cember 31, 2011, the Administrator may not for any portion of the activities to be per- (II) is majority-owned or controlled by a carry out any activities under section 4(h) of formed under that award; foreign business, foreign entity, or person the Small Business Act (15 U.S.C. 633(h)) (as ‘‘(B) approve an agreement between a who is not a citizen of the United States or continued in effect pursuant to the Act enti- small business concern receiving a SBIR or alien lawfully admitted for permanent resi- tled ‘‘An Act to extend temporarily certain STTR award and a Federal laboratory or fed- dence. authorities of the Small Business Adminis- erally funded laboratory or research and de- (B) SIZE STANDARDS.—Under the authority tration’’, approved October 10, 2006 (Public velopment center, if the small business con- to establish size standards under paragraphs Law 109–316; 120 Stat. 1742)) during the period cern performs a lesser portion of the activi- (2) and (3) of section 3(a) of the Small Busi- beginning on the day after December 31, 2011, ties to be performed under that award than ness Act (15 U.S.C. 632(a)), the Administrator and ending on the date on which the final or required by this section and by the SBIR shall, in accordance with paragraph (1) of interim final regulations are issued. Policy Directive and the STTR Policy Direc- this subsection, establish size standards for (5) DEFINITION.—In this subsection, the tive of the Administrator; or applicants seeking to participate in the term ‘‘venture capital operating company’’ ‘‘(C) approve an agreement that violates SBIR program solely under the authority has the same meaning as in section 3(aa) of any provision, including any data rights pro- under section 9(cc) of the Small Business the Small Business Act, as added by this sec- tections provision, of this section or the Act, as added by this section. tion. SBIR and the STTR Policy Directives. (C) CRITERIA FOR DETERMINING FOREIGN (d) ASSISTANCE FOR DETERMINING AFFILI- ‘‘(3) IMPLEMENTATION.—Not later than 180 OWNERSHIP.—The Administrator shall estab- ATES.— days after the date of enactment of this sub- lish criteria for determining whether an ap- (1) CLEAR EXPLANATION REQUIRED.—Not section, the Administrator shall modify the plicant meets the requirements under sub- later than 30 days after the date of enact- SBIR Policy Directive and the STTR Policy paragraph (A)(ii), and, in establishing the ment of this Act, the Administrator shall Directive issued under this section to ensure criteria, shall consider whether the criteria post on the website of the Administration that small business concerns— should include— (with a direct link displayed on the home- ‘‘(A) have the flexibility to use the re- (i) whether the applicant is at least 51 per- page of the website of the Administration or sources of the Federal laboratories and feder- cent owned or controlled by citizens of the the SBIR and STTR websites of the Adminis- ally funded research and development cen- United States or domestic venture capital tration)— ters; and operating companies; (A) a clear explanation of the SBIR and ‘‘(B) are not mandated to enter into agree- (ii) whether the applicant is domiciled in STTR affiliation rules under part 121 of title ment with any Federal laboratory or any the United States; and 13, Code of Federal Regulations; and federally funded laboratory or research and (iii) whether the applicant is a direct or in- (B) contact information for officers or em- development center as a condition of an direct subsidiary of a foreign-owned firm, in- ployees of the Administration who— award.’’.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23494 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 SEC. 111. NOTICE REQUIREMENT. STTR program at the National Science torically been received by small business (a) SBIR PROGRAM.—Section 9(g) of the Foundation, the Department of Defense, and concerns in the State or area of the State; Small Business Act (15 U.S.C. 638(g)) is any other Federal agency determined appro- ‘‘(III) whether the projected costs of the amended— priate by the Administrator shall jointly re- proposed activities are reasonable; (1) in paragraph (10), by striking ‘‘and’’ at view proposals submitted by applicants and ‘‘(IV) whether the proposal integrates and the end; may make awards or enter into cooperative coordinates the proposed activities with (2) in paragraph (11), by striking the period agreements under this subsection based on other State and local programs assisting at the end and inserting a semicolon; and the factors for consideration set forth in sub- small high-technology firms in the State; (3) by adding at the end the following: paragraph (B), in order to enhance or develop ‘‘(V) the manner in which the applicant ‘‘(12) provide timely notice to the Adminis- in a State— will measure the results of the activities to trator of any case or controversy before any ‘‘(i) technology research and development be conducted; and Federal judicial or administrative tribunal by small business concerns; ‘‘(VI) whether the proposal addresses the concerning the SBIR program of the Federal ‘‘(ii) technology transfer from university needs of small business concerns— agency; and’’. research to technology-based small business ‘‘(aa) owned and controlled by women; (b) STTR PROGRAM.—Section 9(o) of the concerns; ‘‘(bb) that are socially and economically Small Business Act (15 U.S.C. 638(o)) is ‘‘(iii) technology deployment and diffusion disadvantaged small business concerns (as amended— benefitting small business concerns; defined in section 8(a)(4)(A)); (1) by striking paragraph (15); ‘‘(iv) the technological capabilities of ‘‘(cc) that are HUBZone small business (2) in paragraph (16), by striking the period small business concerns through the estab- concerns; at the end and inserting ‘‘; and’’; lishment or operation of consortia comprised ‘‘(dd) located in areas that have histori- (3) by redesignating paragraph (16) as para- of entities, organizations, or individuals, in- cally not participated in the SBIR and STTR graph (15); and cluding— programs; (4) by adding at the end the following: ‘‘(I) State and local development agencies ‘‘(ee) owned and controlled by service-dis- ‘‘(16) provide timely notice to the Adminis- and entities; abled veterans; trator of any case or controversy before any ‘‘(II) representatives of technology-based ‘‘(ff) owned and controlled by Native Amer- Federal judicial or administrative tribunal small business concerns; icans; and concerning the STTR program of the Federal ‘‘(III) industries and emerging companies; ‘‘(gg) located in geographic areas with an agency.’’. ‘‘(IV) universities; and unemployment rate that exceeds the na- SEC. 112. EXPRESS AUTHORITY FOR AN AGENCY ‘‘(V) small business development centers; tional unemployment rate, based on the TO AWARD SEQUENTIAL PHASE II and most recently available monthly publica- AWARDS FOR SBIR OR STTR FUNDED ‘‘(v) outreach, financial support, and tech- tions of the Bureau of Labor Statistics of the PROJECTS. nical assistance to technology-based small Department of Labor. Section 9 of the Small Business Act (15 business concerns participating in or inter- ‘‘(C) PROPOSAL LIMIT.—Not more than 1 U.S.C. 638), as amended by this Act, is ested in participating in an SBIR program or proposal may be submitted for inclusion in amended by adding at the end the following: STTR program, including initiatives— the FAST program under this subsection to DDITIONAL HASE AND provide services in any one State in any 1 ‘‘(ee) A P II SBIR STTR ‘‘(I) to make grants or loans to companies fiscal year. AWARDS.—A small business concern that re- to pay a portion or all of the cost of devel- ‘‘(D) PROCESS.—Proposals and applications ceives a Phase II SBIR award or a Phase II oping SBIR or STTR proposals; for assistance under this subsection shall be STTR award for a project remains eligible to ‘‘(II) to establish or operate a Mentoring in such form and subject to such procedures receive an additional Phase II SBIR award or Network within the FAST program to pro- as the Administrator shall establish. The Ad- Phase II STTR award for that project.’’. vide business advice and counseling that will ministrator shall promulgate regulations es- TITLE II—OUTREACH AND assist small business concerns that have tablishing standards for the consideration of COMMERCIALIZATION INITIATIVES been identified by FAST program partici- proposals under subparagraph (B), including SEC. 201. RURAL AND STATE OUTREACH. pants, program managers of participating standards regarding each of the consider- (a) IN GENERAL.—Section 9 of the Small SBIR agencies, the Administration, or other ations identified in subparagraph (B)(ii). Business Act (15 U.S.C. 638) is amended by in- entities that are knowledgeable about the ‘‘(4) COOPERATION AND COORDINATION.—In serting after subsection (r) the following: SBIR and STTR programs as good candidates carrying out the FAST program, the Admin- ‘‘(s) FEDERAL AND STATE TECHNOLOGY for the SBIR and STTR programs, and that istrator shall cooperate and coordinate PARTNERSHIP PROGRAM.— would benefit from mentoring, in accordance with— ‘‘(1) DEFINITIONS.—In this subsection, the with section 34; ‘‘(A) Federal agencies required by this sec- following definitions apply: ‘‘(III) to create or participate in a training tion to have an SBIR program; and ‘‘(A) APPLICANT.—The term ‘applicant’ program for individuals providing SBIR or ‘‘(B) entities, organizations, and individ- means an entity, organization, or individual STTR outreach and assistance at the State uals actively engaged in enhancing or devel- that submits a proposal for an award or a co- and local levels; and oping the technological capabilities of small operative agreement under this subsection. ‘‘(IV) to encourage the commercialization business concerns, including— ‘‘(B) FAST PROGRAM.—The term ‘FAST pro- of technology developed through funding ‘‘(i) State and local development agencies gram’ means the Federal and State Tech- under the SBIR program or the STTR pro- and entities; nology Partnership Program established gram. ‘‘(ii) State committees established under under this subsection. ‘‘(B) SELECTION CONSIDERATIONS.—In mak- the Experimental Program to Stimulate ‘‘(C) RECIPIENT.—The term ‘recipient’ ing awards or entering into cooperative Competitive Research of the National means a person that receives an award or be- agreements under this subsection, the Ad- Science Foundation (as established under comes party to a cooperative agreement ministrator and the program managers re- section 113 of the National Science Founda- under this subsection. ferred to in subparagraph (A)— tion Authorization Act of 1988 (42 U.S.C. ‘‘(D) STATE.—The term ‘State’ means each ‘‘(i) may only consider proposals by appli- 1862g)); of the several States, the District of Colum- cants that intend to use a portion of the Fed- ‘‘(iii) State science and technology coun- bia, the Commonwealth of Puerto Rico, the eral assistance provided under this sub- cils; and Virgin Islands, Guam, and American Samoa. section to provide outreach, financial sup- ‘‘(iv) representatives of technology-based ‘‘(E) DEFINITIONS RELATING TO MENTORING port, or technical assistance to technology- small business concerns. NETWORKS.—The terms ‘business advice and based small business concerns participating ‘‘(5) ADMINISTRATIVE REQUIREMENTS.— counseling’, ‘mentor’, and ‘mentoring net- in or interested in participating in the SBIR ‘‘(A) COMPETITIVE BASIS.—Awards and co- work’ have the meanings given those terms program or STTR program; and operative agreements under this subsection in section 34(e). ‘‘(ii) shall consider, at a minimum— shall be made or entered into, as applicable, ‘‘(2) ESTABLISHMENT OF PROGRAM.—The Ad- ‘‘(I) whether the applicant has dem- on a competitive basis. ministrator shall establish a program to be onstrated that the assistance to be provided ‘‘(B) MATCHING REQUIREMENTS.— known as the Federal and State Technology would address unmet needs of small business ‘‘(i) IN GENERAL.—The non-Federal share of Partnership Program, the purpose of which concerns in the community, and whether it the cost of an activity (other than a plan- shall be to strengthen the technological is important to use Federal funding for the ning activity) carried out using an award or competitiveness of small business concerns proposed activities; under a cooperative agreement under this in the States. ‘‘(II) whether the applicant has dem- subsection shall be— ‘‘(3) GRANTS AND COOPERATIVE AGREE- onstrated that a need exists to increase the ‘‘(I) except as provided in clause (iii), 35 MENTS.— number or success of small high-technology cents for each Federal dollar, in the case of ‘‘(A) JOINT REVIEW.—In carrying out the businesses in the State or an area of the a recipient that will serve small business FAST program, the Administrator and the State, as measured by the number of Phase concerns located in 1 of the 18 States receiv- program managers for the SBIR program and I and Phase II SBIR awards that have his- ing the fewest Phase I SBIR awards;

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23495 ‘‘(II) except as provided in clause (ii) or ‘‘(C) the Mentoring Networks and the men- SEC. 202. SBIR–STEM WORKFORCE DEVELOP- (iii), 1 dollar for each Federal dollar, in the toring database, as provided for under sec- MENT GRANT PILOT PROGRAM. case of a recipient that will serve small busi- tion 34, including— (a) PILOT PROGRAM ESTABLISHED.—From ness concerns located in 1 of the 16 States re- ‘‘(i) the status of the inclusion of men- amounts made available to carry out this ceiving the greatest number of Phase I SBIR toring information in the database required section, the Administrator shall establish a awards; and by subsection (k); and SBIR–STEM Workforce Development Grant ‘‘(III) except as provided in clause (ii) or ‘‘(ii) the status of the implementation and Pilot Program to encourage the business (iii), 50 cents for each Federal dollar, in the description of the usage of the Mentoring community to provide workforce develop- case of a recipient that will serve small busi- Networks. ment opportunities for college students, in ness concerns located in a State that is not ‘‘(7) PROGRAM LEVELS.— the fields of science, technology, engineer- described in subclause (I) or (II) that is re- ‘‘(A) IN GENERAL.—There is authorized to ing, and math (in this section referred to as ceiving Phase I SBIR awards. be appropriated to carry out the FAST pro- ‘‘STEM college students’’), particularly ‘‘(ii) LOW-INCOME AREAS.—The non-Federal gram, including Mentoring Networks, under those that are socially and economically dis- share of the cost of the activity carried out this subsection and section 34, $15,000,000 for advantaged individuals, from rural areas, or using an award or under a cooperative agree- each of fiscal years 2010 through 2014. from areas with high unemployment, as de- ment under this subsection shall be 35 cents ‘‘(B) MENTORING DATABASE.—Of the total termined by the Administrator, by providing for each Federal dollar that will be directly amount made available under subparagraph a SBIR bonus grant. allocated by a recipient described in clause (A) for fiscal years 2010 through 2014, a rea- (b) ELIGIBLE ENTITIES DEFINED.—In this (i) to serve small business concerns located sonable amount, not to exceed a total of section the term ‘‘eligible entity’’ means a in a qualified census tract, as that term is $500,000, may be used by the Administration grantee receiving a grant under the SBIR defined in section 42(d)(5)(B)(ii)(I) of the In- to carry out section 34(d). Program on the date of the bonus grant ternal Revenue Code of 1986. Federal dollars ‘‘(8) TERMINATION.—The authority to carry under subsection (a) that provides an intern- not so allocated by that recipient shall be out the FAST program under this subsection ship program for STEM college students. subject to the matching requirements of shall terminate on September 30, 2014.’’. (c) AWARDS.—An eligible entity shall re- clause (i). (b) TECHNICAL AND CONFORMING AMEND- ceive a bonus grant equal to 10 percent of ei- ther a Phase I or Phase II grant, as applica- ‘‘(iii) RURAL AREAS.— MENTS.—The Small Business Act (15 U.S.C. ble, with a total award maximum of not ‘‘(I) IN GENERAL.—Except as provided in 631 et seq.) is amended— subclause (II), the non-Federal share of the (1) by striking section 34 (15 U.S.C. 657d); more than $10,000 per year. (d) EVALUATION.—Following the fourth cost of the activity carried out using an (2) by redesignating sections 35 through 43 year of funding under this section, the Ad- award or under a cooperative agreement as sections 34 through 42, respectively; ministrator shall submit to Congress as part under this subsection shall be 35 cents for (3) in section 9(k)(1)(D) (15 U.S.C. of the report under section 9(b)(7) of the each Federal dollar that will be directly allo- 638(k)(1)(D)), by striking ‘‘section 35(d)’’ and cated by a recipient described in clause (i) to inserting ‘‘section 34(d)’’; Small Business Act (15 U.S.C. 638(b)(7)) the serve small business concerns located in a (4) in section 34 (15 U.S.C. 657e), as so redes- results of the SBIR–STEM Workforce Devel- rural area. ignated— opment Grant Pilot Program. (e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(II) ENHANCED RURAL AWARDS.—For a re- (A) in subsection (c)(1), by striking ‘‘sec- There are authorized to be appropriated to cipient located in a rural area that is located tion 34(c)(1)(E)(ii)’’ and inserting ‘‘section carry out this section— in a State described in clause (i)(I), the non- 9(s)(3)(A)(v)(II)’’; (1) $1,000,000 for fiscal year 2011; Federal share of the cost of the activity car- (B) by striking ‘‘section 34’’ each place it ried out using an award or under a coopera- appears and inserting ‘‘section 9(s)’’; and (2) $1,000,000 for fiscal year 2012; tive agreement under this subsection shall (C) by adding at the end the following: (3) $1,000,000 for fiscal year 2013; be 15 cents for each Federal dollar that will ‘‘(e) DEFINITIONS.—In this section, the fol- (4) $1,000,000 for fiscal year 2014; and be directly allocated by a recipient described lowing definitions apply: (5) $1,000,000 for fiscal year 2015. in clause (i) to serve small business concerns ‘‘(1) BUSINESS ADVICE AND COUNSELING.— SEC. 203. TECHNICAL ASSISTANCE FOR AWARD- located in the rural area. The term ‘business advice and counseling’ EES. Section 9(q) of the Small Business Act (15 ‘‘(III) DEFINITION OF RURAL AREA.—In this means providing advice and assistance on clause, the term ‘rural area’ has the meaning matters described in subsection (c)(2)(B) to U.S.C. 638(q)) is amended— given that term in section 1393(a)(2) of the small business concerns to guide them (1) in paragraph (1)— Internal Revenue Code of 1986. through the SBIR and STTR program proc- (A) by inserting ‘‘or STTR program’’ after ‘‘SBIR program’’; and ‘‘(iv) TYPES OF FUNDING.—The non-Federal ess, from application to award and successful share of the cost of an activity carried out completion of each phase of the program. (B) by striking ‘‘SBIR projects’’ and insert- by a recipient shall be comprised of not less ‘‘(2) FAST PROGRAM.—The term ‘FAST pro- ing ‘‘SBIR or STTR projects’’; than 50 percent cash and not more than 50 gram’ means the Federal and State Tech- (2) in paragraph (2), by striking ‘‘3 years’’ percent of indirect costs and in-kind con- nology Partnership Program established and inserting ‘‘5 years’’; and tributions, except that no such costs or con- under section 9(s). (3) in paragraph (3)— tributions may be derived from funds from ‘‘(3) MENTOR.—The term ‘mentor’ means an (A) in subparagraph (A)— any other Federal program. individual described in subsection (c)(2). (i) by inserting ‘‘or STTR’’ after ‘‘SBIR’’; ‘‘(v) RANKINGS.—For the first full fiscal ‘‘(4) MENTORING NETWORK.—The term ‘Men- and year after the date of enactment of the toring Network’ means an association, orga- (ii) by striking ‘‘$4,000’’ and inserting SBIR/STTR Reauthorization Act of 2010, and nization, coalition, or other entity (includ- ‘‘$5,000’’; each fiscal year thereafter, based on the sta- ing an individual) that meets the require- (B) by striking subparagraph (B) and in- tistics for the most recent full fiscal year for ments of subsection (c). serting the following: which the Administrator has compiled sta- ‘‘(5) RECIPIENT.—The term ‘recipient’ ‘‘(B) PHASE II.—A Federal agency described tistics, the Administrator shall reevaluate means a person that receives an award or be- in paragraph (1) may— the ranking of each State for purposes of comes party to a cooperative agreement ‘‘(i) provide to the recipient of a Phase II clause (i). under this section. SBIR or STTR award, through a vendor se- ‘‘(C) DURATION.—Awards may be made or ‘‘(6) SBIR PROGRAM.—The term ‘SBIR pro- lected under paragraph (2), the services de- cooperative agreements entered into under gram’ has the same meaning as in section scribed in paragraph (1), in an amount equal this subsection for multiple years, not to ex- 9(e)(4). to not more than $5,000 per year; or ceed 5 years in total. ‘‘(7) STATE.—The term ‘State’ means each ‘‘(ii) authorize the recipient of a Phase II ‘‘(6) ANNUAL REPORTS.—The Administrator of the several States, the District of Colum- SBIR or STTR award to purchase the serv- shall submit an annual report to the Com- bia, the Commonwealth of Puerto Rico, the ices described in paragraph (1), in an amount mittee on Small Business of the Senate and Virgin Islands, Guam, and American Samoa. equal to not more than $5,000 per year, which the Committee on Science and the Com- ‘‘(8) STTR PROGRAM.—The term ‘STTR pro- shall be in addition to the amount of the re- mittee on Small Business of the House of gram’ has the same meaning as in section cipient’s award.’’; and Representatives regarding— 9(e)(6).’’; (C) by adding at the end the following: ‘‘(A) the number and amount of awards (5) in section 36(d) (15 U.S.C. 657i(d)), as so ‘‘(C) FLEXIBILITY.—In carrying out sub- provided and cooperative agreements entered redesignated, by striking ‘‘section 43’’ and paragraphs (A) and (B), each Federal agency into under the FAST program during the inserting ‘‘section 42’’; shall provide the allowable amounts to a re- preceding year; (6) in section 39(d) (15 U.S.C. 657l(d)), as so cipient that meets the eligibility require- ‘‘(B) a list of recipients under this sub- redesignated, by striking ‘‘section 43’’ and ments under the applicable subparagraph, if section, including their location and the ac- inserting ‘‘section 42’’; and the recipient requests to seek technical as- tivities being performed with the awards (7) in section 40(b) (15 U.S.C. 657m(b)), as so sistance from an individual or entity other made or under the cooperative agreements redesignated, by striking ‘‘section 43’’ and than the vendor selected under paragraph (2) entered into; and inserting ‘‘section 42’’. by the Federal agency.

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‘‘(D) LIMITATION.—A Federal agency may SEC. 205. COMMERCIALIZATION READINESS after section 42, as redesignated by section not— PILOT PROGRAM FOR CIVILIAN 201 of this Act, the following: ‘‘(i) use the amounts authorized under sub- AGENCIES. ‘‘SEC. 43. SMALL BUSINESS INNOVATION RE- paragraph (A) or (B) unless the vendor se- Section 9 of the Small Business Act (15 SEARCH PROGRAM. lected under paragraph (2) provides the tech- U.S.C. 638), as amended by this Act, is ‘‘(a) NIH CURES PILOT.— nical assistance to the recipient; or amended by adding at the end the following: ‘‘(1) ESTABLISHMENT.—An independent ad- ‘‘(ii) enter a contract with a vendor under ‘‘(ff) PILOT PROGRAM.— visory board shall be established at the Na- paragraph (2) under which the amount pro- ‘‘(1) AUTHORIZATION.—The head of each cov- tional Academy of Sciences (in this section ered Federal agency may allocate not more vided for technical assistance is based on referred to as the ‘advisory board’) to con- than 10 percent of the funds allocated to the total number of Phase I or Phase II awards.’’. duct periodic evaluations of the SBIR pro- SBIR program and the STTR program of the gram (as that term is defined in section 9) of SEC. 204. COMMERCIALIZATION READINESS PRO- covered Federal agency— each of the National Institutes of Health (re- GRAM AT DEPARTMENT OF DE- ‘‘(A) for awards for technology develop- ferred to in this section as the ‘NIH’) insti- FENSE. ment, testing, and evaluation of SBIR and tutes and centers for the purpose of improv- (a) IN GENERAL.—Section 9(y) of the Small STTR Phase II technologies; or ing the management of the SBIR program Business Act (15 U.S.C. 638(y)) is amended— ‘‘(B) to support the progress of research or through data-driven assessment. research and development conducted under ‘‘(2) MEMBERSHIP.— (1) in the subsection heading, by striking the SBIR or STTR programs to Phase III. ‘‘(A) IN GENERAL.—The advisory board shall ‘‘PILOT’’ and inserting ‘‘READINESS’’; ‘‘(2) APPLICATION BY FEDERAL AGENCY.— consist of— (2) by striking ‘‘Pilot’’ each place that ‘‘(A) IN GENERAL.—A covered Federal agen- ‘‘(i) the Director of the NIH; term appears and inserting ‘‘Readiness’’; cy may not establish a pilot program unless ‘‘(ii) the Director of the SBIR program of (3) in paragraph (1)— the covered Federal agency makes a written the NIH; (A) by inserting ‘‘or Small Business Tech- application to the Administrator, not later ‘‘(iii) senior NIH agency managers, se- nology Transfer Program’’ after ‘‘Small than 90 days before to the first day of the fis- lected by the Director of NIH; Business Innovation Research Program’’; cal year in which the pilot program is to be ‘‘(iv) industry experts, selected by the and established, that describes a compelling rea- Council of the National Academy of Sciences (B) by adding at the end the following: son that additional investment in SBIR or in consultation with the Associate Adminis- ‘‘The authority to create and administer a STTR technologies is necessary, including trator for Technology of the Administration Commercialization Readiness Program under unusually high regulatory, systems integra- and the Director of the Office of Science and this subsection may not be construed to tion, or other costs relating to development Technology Policy; and eliminate or replace any other SBIR pro- or manufacturing of identifiable, highly ‘‘(v) owners or operators of small business gram or STTR program that enhances the promising small business technologies or a concerns that have received an award under insertion or transition of SBIR or STTR class of such technologies expected to sub- the SBIR program of the NIH, selected by technologies, including any such program in stantially advance the mission of the agen- the Associate Administrator for Technology effect on the date of enactment of the Na- cy. of the Administration. tional Defense Authorization Act for Fiscal ‘‘(B) DETERMINATION.—The Administrator ‘‘(B) NUMBER OF MEMBERS.—The total num- Year 2006 (Public Law 109–163; 119 Stat. shall— ber of members selected under clauses (iii), 3136).’’; ‘‘(i) make a determination regarding an ap- (iv), and (v) of subparagraph (A) shall not ex- (4) in paragraph (2), by inserting ‘‘or Small plication submitted under subparagraph (A) ceed 10. Business Technology Transfer Program’’ not later than 30 days before the first day of ‘‘(C) EQUAL REPRESENTATION.—The total after ‘‘Small Business Innovation Research the fiscal year for which the application is number of members of the advisory board se- Program’’; submitted; lected under clauses (i), (ii), (iii), and (iv) of (5) by striking paragraphs (5) and (6); and ‘‘(ii) publish the determination in the Fed- subparagraph (A) shall be equal to the num- (6) by inserting after paragraph (4) the fol- eral Register; and ber of members of the advisory board se- lowing: ‘‘(iii) make a copy of the determination lected under subparagraph (A)(v). ‘‘(5) INSERTION INCENTIVES.—For any con- and any related materials available to the ‘‘(b) ADDRESSING DATA GAPS.—In order to tract with a value of not less than Committee on Small Business and Entrepre- enhance the evidence-base guiding SBIR pro- $100,000,000, the Secretary of Defense is au- neurship of the Senate and the Committee gram decisions and changes, the Director of thorized to— on Small Business of the House of Represent- the SBIR program of the NIH shall address ‘‘(A) establish goals for the transition of atives. the gaps and deficiencies in the data collec- Phase III technologies in subcontracting ‘‘(3) MAXIMUM AMOUNT OF AWARD.—The tion concerns identified in the 2007 report of plans; and head of a covered Federal agency may not the National Academies of Science entitled ‘An Assessment of the Small Business Inno- ‘‘(B) require a prime contractor on such a make an award under a pilot program in ex- vation Research Program at the NIH’. contract to report the number and dollar cess of 3 times the dollar amounts generally ‘‘(c) PILOT PROGRAM.— amount of contracts entered into by that established for Phase II awards under sub- ‘‘(1) IN GENERAL.—The Director of the SBIR section (j)(2)(D) or (p)(2)(B)(ix). prime contractor for Phase III SBIR or program of the NIH may initiate a pilot pro- ‘‘(4) REGISTRATION.—Any applicant that re- STTR projects. gram, under a formal mechanism for design- ceives an award under a pilot program shall ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY ing, implementing, and evaluating pilot pro- register with the Administrator in a registry INSERTION.—The Secretary of Defense shall— grams, to spur innovation and to test new that is available to the public. ‘‘(A) set a goal to increase the number of strategies that may enhance the develop- ‘‘(5) REPORT.—The head of each covered Phase II SBIR contracts and the number of ment of cures and therapies. Federal agency shall include in the annual Phase II STTR contracts awarded by that ‘‘(2) CONSIDERATIONS.—The Director of the report of the covered Federal agency to the Secretary that lead to technology transition SBIR program of the NIH may consider con- Administrator an analysis of the various ac- into programs of record or fielded systems; ducting a pilot program to include individ- tivities considered for inclusion in the pilot ‘‘(B) use incentives in effect on the date of uals with successful SBIR program experi- program of the covered Federal agency and a enactment of the SBIR/STTR Reauthoriza- ence in study sections, hiring individuals statement of the reasons why each activity tion Act of 2010, or create new incentives, to with small business development experience considered was included or not included, as encourage agency program managers and for staff positions, separating the commer- the case may be. prime contractors to meet the goal under cial and scientific review processes, and ex- ‘‘(6) TERMINATION.—The authority to estab- subparagraph (A); and amining the impact of the trend toward larg- lish a pilot program under this section ex- ‘‘(C) include in the annual report to Con- er awards on the overall program. pires at the end of fiscal year 2014. gress the percentage of contracts described ‘‘(d) REPORT TO CONGRESS.—The Director of in subparagraph (A) awarded by that Sec- ‘‘(7) DEFINITIONS.—In this subsection— the NIH shall submit an annual report to retary, and information on the ongoing sta- ‘‘(A) the term ‘covered Federal agency’— Congress and the advisory board on the ac- tus of projects funded through the Commer- ‘‘(i) means a Federal agency participating tivities of the SBIR program of the NIH cialization Readiness Program and efforts to in the SBIR program or the STTR program; under this section. transition these technologies into programs and ‘‘(e) SBIR GRANTS AND CONTRACTS.— ‘‘(ii) does not include the Department of of record or fielded systems.’’. ‘‘(1) IN GENERAL.—In awarding grants and Defense; and contracts under the SBIR program of the (b) TECHNICAL AND CONFORMING AMEND- ‘‘(B) the term ‘pilot program’ means the NIH each SBIR program manager shall em- MENT.—Section 9(i)(1) of the Small Business program established under paragraph (1).’’. phasize applications that identify products, Act (15 U.S.C. 638(i)(1)) is amended by insert- SEC. 206. ACCELERATING CURES. processes, technologies, and services that ing ‘‘(including awards under subsection (a) IN GENERAL.—The Small Business Act may enhance the development of cures and (y))’’ after ‘‘the number of awards’’. (15 U.S.C. 631 et seq.) is amended by inserting therapies.

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‘‘(2) EXAMINATION OF COMMERCIALIZATION ‘‘(A) the process of developing products, (D) in subsection (l)(2)— AND OTHER METRICS.—The advisory board processes, technologies, or services; and (i) by striking ‘‘the first phase’’ and insert- shall evaluate the implementation of the re- ‘‘(B) the production and delivery of prod- ing ‘‘Phase I’’; and quirement under paragraph (1) by examining ucts, processes, technologies, or services for (ii) by striking ‘‘the second phase’’ and in- increased commercialization and other sale (whether by the originating party or by serting ‘‘Phase II’’; metrics, to be determined and collected by others) to or use by the Federal Government (E) in subsection (o)(13)— the SBIR program of the NIH. or commercial markets;’’. (i) in subparagraph (B), by striking ‘‘sec- ‘‘(3) PHASE I AND II.—To the greatest extent (b) TECHNICAL AND CONFORMING AMEND- ond phase’’ and inserting ‘‘Phase II’’; and practicable, the Director of the SBIR pro- MENTS.—The Small Business Act (15 U.S.C. (ii) in subparagraph (C), by striking ‘‘third gram of the NIH shall reduce the time period 631 et seq.) is amended— phase’’ and inserting ‘‘Phase III’’; between Phase I and Phase II funding of (1) in section 9 (15 U.S.C. 638)— (F) in subsection (p)— grants and contracts under the SBIR pro- (A) in subsection (e)— (i) in paragraph (2)(B)— gram of the NIH to 90 days. (i) in paragraph (4)(C)(ii), by striking ‘‘sci- (I) in clause (vi)— ‘‘(f) LIMIT.—Not more than a total of 1 per- entific review criteria’’ and inserting (aa) by striking ‘‘the second phase’’ and in- cent of the extramural budget (as defined in ‘‘merit-based selection procedures’’; serting ‘‘Phase II’’; and section 9 of the Small Business Act (15 U.S.C. (ii) in paragraph (9), by striking ‘‘the sec- (bb) by striking ‘‘the third phase’’ and in- 638)) of the NIH for research or research and ond or the third phase’’ and inserting ‘‘Phase serting ‘‘Phase III’’; and development may be used for the pilot pro- II or Phase III’’; and (II) in clause (ix)— gram under subsection (c) and to carry out (iii) by adding at the end the following: (aa) by striking ‘‘the first phase’’ and in- subsection (e).’’. ‘‘(11) the term ‘Phase I’ means— serting ‘‘Phase I’’; and (b) PROSPECTIVE REPEAL.—Effective 5 years ‘‘(A) with respect to the SBIR program, the (bb) by striking ‘‘the second phase’’ and in- after the date of enactment of this Act, the first phase described in paragraph (4)(A); and serting ‘‘Phase II’’; and Small Business Act (15 U.S.C. 631 et seq.) is ‘‘(B) with respect to the STTR program, (ii) in paragraph (3)— amended— the first phase described in paragraph (6)(A); (I) by striking ‘‘the first phase (as de- (1) by striking section 43, as added by sub- ‘‘(12) the term ‘Phase II’ means— scribed in subsection (e)(6)(A))’’ and insert- section (a); and ‘‘(A) with respect to the SBIR program, the ing ‘‘Phase I’’; (2) by redesignating sections 44 and 45 as second phase described in paragraph (4)(B); (II) by striking ‘‘the second phase (as de- sections 43 and 44, respectively. and scribed in subsection (e)(6)(B))’’ and insert- SEC. 207. FEDERAL AGENCY ENGAGEMENT WITH ‘‘(B) with respect to the STTR program, ing ‘‘Phase II’’; and SBIR AND STTR AWARDEES THAT the second phase described in paragraph (III) by striking ‘‘the third phase (as de- HAVE BEEN AWARDED MULTIPLE (6)(B); and scribed in subsection (e)(6)(A))’’ and insert- PHASE I AWARDS BUT HAVE NOT ing ‘‘Phase III’’; BEEN AWARDED PHASE II AWARDS. ‘‘(13) the term ‘Phase III’ means— ‘‘(A) with respect to the SBIR program, the (G) in subsection (q)(3)— Section 9 of the Small Business Act (15 (i) in subparagraph (A)— U.S.C. 638), as amended by this Act, is third phase described in paragraph (4)(C); and ‘‘(B) with respect to the STTR program, (I) in the subparagraph heading, by strik- amended by adding at the end the following: ing ‘‘FIRST PHASE’’ and inserting ‘‘PHASE I’’; EQUIREMENTS RELATING TO FEDERAL the third phase described in paragraph ‘‘(gg) R and AGENCY ENGAGEMENT WITH CERTAIN PHASE I (6)(C).’’; (II) by striking ‘‘first phase’’ and inserting SBIR AND STTR AWARDEES.— (B) in subsection (j)— ‘‘Phase I’’; and (i) in paragraph (1)(B), by striking ‘‘phase ‘‘(1) DEFINITION.—In this subsection, the (ii) in subparagraph (B)— two’’ and inserting ‘‘Phase II’’; term ‘covered awardee’ means a small busi- (I) in the subparagraph heading, by strik- ness concern that— (ii) in paragraph (2)— ing ‘‘SECOND PHASE’’ and inserting ‘‘PHASE ‘‘(A) has received multiple Phase I awards (I) in subparagraph (B)— II’’; and (aa) by striking ‘‘the third phase’’ each over multiple years, as determined by the (II) by striking ‘‘second phase’’ and insert- place it appears and inserting ‘‘Phase III’’; head of a Federal agency, under the SBIR ing ‘‘Phase II’’; program or the STTR program of the Federal and (H) in subsection (r)— agency; and (bb) by striking ‘‘the second phase’’ and in- (i) in the subsection heading, by striking serting ‘‘Phase II’’; ‘‘(B) has not received a Phase II award— ‘‘THIRD PHASE’’ and inserting ‘‘PHASE III’’; ‘‘(i) under the SBIR program or STTR pro- (II) in subparagraph (D)— (ii) in paragraph (1)— gram, as the case may be, of the Federal (aa) by striking ‘‘the first phase’’ and in- (I) in the first sentence— agency described in subparagraph (A); or serting ‘‘Phase I’’; and (aa) by striking ‘‘for the second phase’’ and ‘‘(ii) relating to a Phase I award described (bb) by striking ‘‘the second phase’’ and in- inserting ‘‘for Phase II’’; in subparagraph (A) under the SBIR program serting ‘‘Phase II’’; (bb) by striking ‘‘third phase’’ and insert- or the STTR program of another Federal (III) in subparagraph (F), by striking ‘‘the ing ‘‘Phase III’’; and agency. third phase’’ and inserting ‘‘Phase III’’; (cc) by striking ‘‘second phase period’’ and ‘‘(2) PERFORMANCE MEASURES.—The head of (IV) in subparagraph (G)— inserting ‘‘Phase II period’’; and each Federal agency that participates in the (aa) by striking ‘‘the first phase’’ and in- (II) in the second sentence— SBIR program or the STTR program shall serting ‘‘Phase I’’; and (aa) by striking ‘‘second phase’’ and insert- develop performance measures for any cov- (bb) by striking ‘‘the second phase’’ and in- ing ‘‘Phase II’’; and ered awardee relating to commercializing re- serting ‘‘Phase II’’; and (bb) by striking ‘‘third phase’’ and insert- search or research and development activi- (V) in subparagraph (H)— ing ‘‘Phase III’’; and ties under the SBIR program or the STTR (aa) by striking ‘‘the first phase’’ and in- (iii) in paragraph (2), by striking ‘‘third program of the Federal agency.’’. serting ‘‘Phase I’’; phase’’ and inserting ‘‘Phase III’’; and SEC. 208. CLARIFYING THE DEFINITION OF (bb) by striking ‘‘second phase’’ each place (I) in subsection (u)(2)(B), by striking ‘‘the ‘‘PHASE III’’. it appears and inserting ‘‘Phase II’’; and first phase’’ and inserting ‘‘Phase I’’; and (a) PHASE III AWARDS.—Section 9(e) of the (cc) by striking ‘‘third phase’’ and insert- (2) in section 34(c)(2)(B)(vii) (15 U.S.C. Small Business Act (15 U.S.C. 638(e)) is ing ‘‘Phase III’’; and 657e(c)(2)(B)(vii)), as redesignated by section amended— (iii) in paragraph (3)— 201 of this Act, by striking ‘‘third phase’’ and (1) in paragraph (4)(C), in the matter pre- (I) in subparagraph (A)— inserting ‘‘Phase III’’. ceding clause (i), by inserting ‘‘for work that (aa) by striking ‘‘the first phase (as de- SEC. 209. SHORTENED PERIOD FOR FINAL DECI- derives from, extends, or completes efforts scribed in subsection (e)(4)(A))’’ and insert- SIONS ON PROPOSALS AND APPLICA- made under prior funding agreements under ing ‘‘Phase I’’; TIONS. the SBIR program’’ after ‘‘phase’’; (bb) by striking ‘‘the second phase (as de- (a) IN GENERAL.—Section 9 of the Small (2) in paragraph (6)(C), in the matter pre- scribed in subsection (e)(4)(B))’’ and insert- Business Act (15 U.S.C. 638) is amended— ceding clause (i), by inserting ‘‘for work that ing ‘‘Phase II’’; and (1) in subsection (g)(4)— derives from, extends, or completes efforts (cc) by striking ‘‘the third phase (as de- (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; made under prior funding agreements under scribed in subsection (e)(4)(C))’’ and inserting (B) by adding ‘‘and’’ after the semicolon at the STTR program’’ after ‘‘phase’’; ‘‘Phase III’’; and the end; and (3) in paragraph (8), by striking ‘‘and’’ at (II) in subparagraph (B), by striking ‘‘sec- (C) by adding at the end the following: the end; ond phase’’ and inserting ‘‘Phase II’’; ‘‘(B) make a final decision on each pro- (4) in paragraph (9), by striking the period (C) in subsection (k)— posal submitted under the SBIR program— at the end and inserting a semicolon; and (i) by striking ‘‘first phase’’ each place it ‘‘(i) not later than 90 days after the date on (5) by adding at the end the following: appears and inserting ‘‘Phase I’’; and which the solicitation closes; or ‘‘(10) the term ‘commercialization’ (ii) by striking ‘‘second phase’’ each place ‘‘(ii) if the Administrator authorizes an ex- means— it appears and inserting ‘‘Phase II’’; tension for a solicitation, not later than 180

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23498 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 days after the date on which the solicitation ‘‘(E) a detailed description of appeals of ‘‘(A) whether an applicant or awardee— closes;’’; and Phase III awards and notices of noncompli- ‘‘(i) has venture capital or is majority- (2) in subsection (o)(4)— ance with the SBIR Policy Directive and the owned and controlled by multiple venture (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; STTR Policy Directive filed by the Adminis- capital operating companies, and, if so— (B) by adding ‘‘and’’ after the semicolon at trator with Federal agencies; and ‘‘(I) the amount of venture capital that the the end; and ‘‘(F) a description’’; and applicant or awardee has received as of the (C) by adding at the end the following: (2) by inserting after paragraph (7) the fol- date of the application or award, as applica- ‘‘(B) make a final decision on each pro- lowing: ble; and posal submitted under the STTR program— ‘‘(8) to coordinate the implementation of ‘‘(II) the amount of additional capital that ‘‘(i) not later than 90 days after the date on electronic databases at each of the Federal the applicant or awardee has invested in the which the solicitation closes; or agencies participating in the SBIR program SBIR technology; ‘‘(ii) if the Administrator authorizes an ex- or the STTR program, including the tech- ‘‘(ii) has an investor that— tension for a solicitation, not later than 180 nical ability of the participating agencies to ‘‘(I) is an individual who is not a citizen of days after the date on which the solicitation electronically share data;’’. the United States or a lawful permanent closes;’’. SEC. 302. DATA COLLECTION FROM AGENCIES resident of the United States, and if so, the (b) NIH PEER REVIEW PROCESS.— FOR SBIR. name of any such individual; or Section 9(g) of the Small Business Act (15 (1) IN GENERAL.—Section 9 of the Small ‘‘(II) is a person that is not an individual U.S.C. 638(g)) is amended— Business Act (15 U.S.C. 638), as amended by and is not organized under the laws of a (1) by striking paragraph (10); this Act, is amended by adding at the end State or the United States, and if so the (2) by redesignating paragraphs (8) and (9) the following: name of any such person; ‘‘(hh) NIH PEER REVIEW PROCESS.—The Di- as paragraphs (9) and (10), respectively; and ‘‘(iii) is owned by a woman or has a woman rector of the National Institutes of Health (3) by inserting after paragraph (7) the fol- as a principal investigator; may make an award under the SBIR program lowing: ‘‘(iv) is owned by a socially or economi- or the STTR program of the National Insti- ‘‘(8) collect annually, and maintain in a cally disadvantaged individual or has a so- tutes of Health if the application for the common format in accordance with the sim- cially or economically disadvantaged indi- award has undergone technical and scientific plified reporting requirements under sub- vidual as a principal investigator; peer review under section 492 of the Public section (v), such information from awardees ‘‘(v) received assistance under the FAST Health Service Act (42 U.S.C. 289a).’’. as is necessary to assess the SBIR program, program under section 34 or the outreach (2) TECHNICAL AND CONFORMING AMEND- including information necessary to maintain program under subsection (s); MENTS.—Section 105 of the National Insti- the database described in subsection (k), in- ‘‘(vi) is a faculty member or a student of tutes of Health Reform Act of 2006 (42 U.S.C. cluding— 284n) is amended— ‘‘(A) whether an awardee— an institution of higher education, as that (A) in subsection (a)(3)— ‘‘(i) has venture capital or is majority- term is defined in section 101 of the Higher (i) by striking ‘‘A grant’’ and inserting owned and controlled by multiple venture Education Act of 1965 (20 U.S.C. 1001); or ‘‘Except as provided in section 9(hh) of the capital operating companies, and, if so— ‘‘(vii) is located in a State in which the Small Business Act (15 U.S.C. 638(hh)), a ‘‘(I) the amount of venture capital that the total value of contracts awarded to small grant’’; and awardee has received as of the date of the business concerns under all STTR programs (ii) by striking ‘‘section 402(k)’’ and all award; and is less than the total value of contracts that follows through ‘‘Act)’’ and inserting ‘‘(II) the amount of additional capital that awarded to small business concerns in a ma- ‘‘section 402(l) of such Act’’; and the awardee has invested in the SBIR tech- jority of other States, as determined by the (B) in subsection (b)(5)— nology; Administrator in biennial fiscal years, begin- (i) by striking ‘‘A grant’’ and inserting ‘‘(ii) has an investor that— ning with fiscal year 2008, based on the most ‘‘Except as provided in section 9(hh) of the ‘‘(I) is an individual who is not a citizen of recent statistics compiled by the Adminis- Small Business Act (15 U.S.C. 638(hh)), a the United States or a lawful permanent trator; and grant’’; and resident of the United States, and if so, the ‘‘(B) if an awardee receives an award in an (ii) by striking ‘‘section 402(k)’’ and all name of any such individual; or amount that is more than the award guide- that follows through ‘‘Act)’’ and inserting ‘‘(II) is a person that is not an individual lines under this section, a statement from and is not organized under the laws of a ‘‘section 402(l) of such Act’’. the agency that justifies the award State or the United States, and if so the amount;’’. TITLE III—OVERSIGHT AND EVALUATION name of any such person; SEC. 301. STREAMLINING ANNUAL EVALUATION ‘‘(iii) is owned by a woman or has a woman SEC. 304. PUBLIC DATABASE. REQUIREMENTS. as a principal investigator; Section 9(k)(1) of the Small Business Act Section 9(b) of the Small Business Act (15 ‘‘(iv) is owned by a socially or economi- (15 U.S.C. 638(k)(1)) is amended— U.S.C. 638(b)), as amended by section 102 of cally disadvantaged individual or has a so- (1) in subparagraph (D), by striking ‘‘and’’ this Act, is amended— cially or economically disadvantaged indi- at the end; (1) in paragraph (7)— vidual as a principal investigator; (2) in subparagraph (E), by striking the pe- (A) by striking ‘‘STTR programs, including ‘‘(v) received assistance under the FAST riod at the end and inserting ‘‘; and’’; and the data’’ and inserting the following: program under section 34, as in effect on the ‘‘STTR programs, including— day before the date of enactment of the (3) by adding at the end the following: ‘‘(A) the data’’; SBIR/STTR Reauthorization Act of 2010, or ‘‘(F) for each small business concern that (B) by striking ‘‘(g)(10), (o)(9), and (o)(15), the outreach program under subsection (s); has received a Phase I or Phase II SBIR or the number’’ and all that follows through ‘‘(vi) is a faculty member or a student of STTR award from a Federal agency, whether ‘‘under each of the SBIR and STTR pro- an institution of higher education, as that the small business concern— grams, and a description’’ and inserting the term is defined in section 101 of the Higher ‘‘(i) has venture capital and, if so, whether following: ‘‘(g)(8) and (o)(9); and Education Act of 1965 (20 U.S.C. 1001); or the small business concern is registered as ‘‘(B) the number of proposals received ‘‘(vii) is located in a State described in majority-owned and controlled by multiple from, and the number and total amount of subsection (u)(3); and venture capital operating companies as re- awards to, HUBZone small business concerns ‘‘(B) a justification statement from the quired under subsection (cc)(4); and firms with venture capital investment agency, if an awardee receives an award in ‘‘(ii) is owned by a woman or has a woman (including those majority-owned and con- an amount that is more than the award as a principal investigator; trolled by multiple venture capital operating guidelines under this section;’’. ‘‘(iii) is owned by a socially or economi- companies) under each of the SBIR and SEC. 303. DATA COLLECTION FROM AGENCIES cally disadvantaged individual or has a so- STTR programs; FOR STTR. cially or economically disadvantaged indi- ‘‘(C) a description of the extent to which Section 9(o) of the Small Business Act (15 vidual as a principal investigator; each Federal agency is increasing outreach U.S.C. 638(o)) is amended by striking para- ‘‘(iv) received assistance under the FAST and awards to firms owned and controlled by graph (9) and inserting the following: program under section 34, as in effect on the women and social or economically disadvan- ‘‘(9) collect annually, and maintain in a day before the date of enactment of the taged individuals under each of the SBIR and common format in accordance with the sim- SBIR/STTR Reauthorization Act of 2010, or STTR programs; plified reporting requirements under sub- the outreach program under subsection (s); ‘‘(D) general information about the imple- section (v), such information from applicants or mentation of, and compliance with the allo- and awardees as is necessary to assess the ‘‘(v) is owned by a faculty member or a stu- cation of funds required under, subsection STTR program outputs and outcomes, in- dent of an institution of higher education, as (cc) for firms owned in majority part by ven- cluding information necessary to maintain that term is defined in section 101 of the ture capital operating companies and par- the database described in subsection (k), in- Higher Education Act of 1965 (20 U.S.C. ticipating in the SBIR program; cluding— 1001).’’.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23499 SEC. 305. GOVERNMENT DATABASE. (I) by adding at the end the following: (B) ending on September 30 of the last full Section 9(k) of the Small Business Act (15 ‘‘(G) includes a timely and accurate list of fiscal year before the date of the report. U.S.C. 638(k)) is amended— any individual or small business concern SEC. 307. CONTINUED EVALUATION BY THE NA- (1) in paragraph (2)— that has participated in the SBIR program TIONAL ACADEMY OF SCIENCES. (A) in the matter preceding subparagraph or STTR program that has committed fraud, Section 108 of the Small Business Reau- (A), by striking ‘‘Not later’’ and all that fol- waste, or abuse relating to the SBIR pro- thorization Act of 2000 (15 U.S.C. 638 note) is lows through ‘‘Act of 2000’’ and inserting gram or STTR program.’’; and amended by adding at the end the following: ‘‘Not later than 90 days after the date of en- (2) in paragraph (3), by adding at the end ‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AU- actment of the SBIR/STTR Reauthorization the following: THORITY.— Act of 2010’’; ‘‘(C) GOVERNMENT DATABASE.—Not later ‘‘(1) IN GENERAL.—Not later than 6 months (B) by striking subparagraph (C); than 60 days after the date established by a after the date of enactment of the SBIR/ (C) by redesignating subparagraphs (A) and Federal agency for submitting applications STTR Reauthorization Act of 2010, the head (B) as subparagraphs (B) and (C), respec- or proposals for a Phase I or Phase II award of each agency described in subsection (a), in tively; under the SBIR program or STTR program, consultation with the Small Business Ad- (D) by inserting before subparagraph (B), the head of the Federal agency shall submit ministration, shall cooperatively enter into as so redesignated, the following: to the Administrator the data required under an agreement with the National Academy of ‘‘(A) contains, for each small business con- paragraph (2) with respect to each small Sciences for the National Research Council cern that applies for, submits a proposal for, business concern that applies or submits a to, not later than 4 years after the date of or receives an award under Phase I or Phase proposal for the Phase I or Phase II award.’’. enactment of the SBIR/STTR Reauthoriza- II of the SBIR program or the STTR pro- SEC. 306. ACCURACY IN FUNDING BASE CALCULA- tion Act of 2010, and every 4 years there- gram— TIONS. after— ‘‘(i) the name, size, and location, and an (a) IN GENERAL.—Not later than 1 year ‘‘(A) continue the most recent study under identifying number assigned by the Adminis- after the date of enactment of this Act, and this section relating to— tration of the small business concern; every year thereafter until the date that is 4 ‘‘(i) the issues described in subparagraphs ‘‘(ii) an abstract of the project; years after the date of enactment of this (A), (B), (C), and (E) of subsection (a)(1); and ‘‘(iii) the specific aims of the project; Act, the Comptroller General of the United ‘‘(ii) the effectiveness of the government ‘‘(iv) the number of employees of the small States shall— and public databases described in section business concern; (1) conduct a fiscal and management audit 9(k) of the Small Business Act (15 U.S.C. ‘‘(v) the names of key individuals that will of the SBIR program and the STTR program 638(k)) in reducing vulnerabilities of the carry out the project; for the applicable period to— SBIR program and the STTR program to ‘‘(vi) the percentage of effort each indi- (A) determine whether Federal agencies fraud, waste, and abuse, particularly with re- vidual described in clause (iv) will contribute comply with the expenditure amount re- spect to Federal agencies funding duplicative to the project; quirements under subsections (f)(1) and (n)(1) proposals and business concerns falsifying ‘‘(vii) whether the small business concern of section 9 of the Small Business Act (15 information in proposals; is majority-owned and controlled by mul- U.S.C. 638), as amended by this Act; ‘‘(B) make recommendations with respect tiple venture capital operating companies; (B) assess the extent of compliance with to the issues described in subparagraph and the requirements of section 9(i)(2) of the (A)(ii) and subparagraphs (A), (D), and (E) of ‘‘(viii) the Federal agency to which the ap- Small Business Act (15 U.S.C. 638(i)(2)) by subsection (a)(2). plication is made, and contact information Federal agencies participating in the SBIR ‘‘(2) CONSULTATION.—An agreement under for the person or office within the Federal program or the STTR program and the Ad- paragraph (1) shall require the National Re- agency that is responsible for reviewing ap- ministration; search Council to ensure there is participa- plications and making awards under the (C) assess whether it would be more con- tion by and consultation with the small busi- SBIR program or the STTR program;’’; sistent and effective to base the amount of ness community, the Administration, and (E) by redesignating subparagraphs (D), the allocations under the SBIR program and other interested parties as described in sub- and (E) as subparagraphs (E) and (F), respec- the STTR program on a percentage of the re- section (b). tively; search and development budget of a Federal ‘‘(3) REPORTING.—An agreement under (F) by inserting after subparagraph (C), as agency, rather than the extramural budget paragraph (1) shall require that not later so redesignated, the following: of the Federal agency; and than 4 years after the date of enactment of ‘‘(D) includes, for each awardee— (D) determine the portion of the extra- the SBIR/STTR Reauthorization Act of 2010, ‘‘(i) the name, size, location, and any iden- mural research or research and development and every 4 years thereafter, the National tifying number assigned to the awardee by budget of a Federal agency that each Federal Research Council shall submit to the head of the Administrator; agency spends for administrative purposes the agency entering into the agreement, the ‘‘(ii) whether the awardee has venture cap- relating to the SBIR program or STTR pro- Committee on Small Business and Entrepre- ital, and, if so— gram, and for what specific purposes, includ- neurship of the Senate, and the Committee ‘‘(I) the amount of venture capital as of the ing the portion, if any, of such budget the on Small Business of the House of Represent- date of the award; Federal agency spends for salaries and ex- atives a report regarding the study con- ‘‘(II) the percentage of ownership of the penses, travel to visit applicants, outreach ducted under paragraph (1) and containing awardee held by a venture capital operating events, marketing, and technical assistance; the recommendations described in paragraph company, including whether the awardee is and (1).’’. majority-owned and controlled by multiple (2) submit a report to the Committee on SEC. 308. TECHNOLOGY INSERTION REPORTING venture capital operating companies; and Small Business and Entrepreneurship of the REQUIREMENTS. ‘‘(III) the amount of additional capital that Senate and the Committee on Small Busi- Section 9 of the Small Business Act (15 the awardee has invested in the SBIR tech- ness of the House of Representatives regard- U.S.C. 638), as amended by this Act, is nology, which information shall be collected ing the audit conducted under paragraph (1), amended by adding at the end the following: on an annual basis; including the assessments required under ‘‘(ii) PHASE III REPORTING.—The annual ‘‘(iii) the names and locations of any affili- subparagraphs (B) and (C), and the deter- SBIR or STTR report to Congress by the Ad- ates of the awardee; mination made under subparagraph (D) of ministration under subsection (b)(7) shall in- ‘‘(iv) the number of employees of the paragraph (1). clude, for each Phase III award made by the awardee; (b) DEFINITION OF APPLICABLE PERIOD.—In Federal agency— ‘‘(v) the number of employees of the affili- this section, the term ‘‘applicable period’’ ‘‘(1) the name of the agency or component ates of the awardee; and means— of the agency or the non-Federal source of ‘‘(vi) the names of, and the percentage of (1) for the first report submitted under this capital making the Phase III award; ownership of the awardee held by— section, the period beginning on October 1, ‘‘(2) the name of the small business con- ‘‘(I) any individual who is not a citizen of 2004, and ending on September 30 of the last cern or individual receiving the Phase III the United States or a lawful permanent full fiscal year before the date of enactment award; and resident of the United States; or of this Act for which information is avail- ‘‘(3) the dollar amount of the Phase III ‘‘(II) any person that is not an individual able; and award.’’. and is not organized under the laws of a (2) for the second and each subsequent re- SEC. 309. INTELLECTUAL PROPERTY PROTEC- State or the United States;’’; port submitted under this section, the pe- TIONS. (G) in subparagraph (E), as so redesignated, riod— (a) IN GENERAL.—The Comptroller General by striking ‘‘and’’ at the end; (A) beginning on October 1 of the first fis- of the United States shall conduct a study of (H) in subparagraph (F), as so redesignated, cal year after the end of the most recent full the SBIR program to assess whether— by striking the period at the end and insert- fiscal year relating to which a report under (1) Federal agencies comply with the data ing ‘‘; and’’; and this section was submitted; and rights protections for SBIR awardees and the

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23500 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 technologies of SBIR awardees under section fect on the date of enactment of this sub- 9(cc) of the Small Business Act, as added by 9 of the Small Business Act (15 U.S.C. 638); section; section 108 of this Act; and (2) the laws and policy directives intended ‘‘(iii) carrying out the program under sub- (2) submit to Congress a report regarding to clarify the scope of data rights, including section (y); the study conducted under paragraph (1). in prototypes and mentor-prote´ge´ relation- ‘‘(iv) activities relating to oversight and SEC. 313. REDUCING VULNERABILITY OF SBIR ships and agreements with Federal labora- congressional reporting, including the waste, AND STTR PROGRAMS TO FRAUD, tories, are sufficient to protect SBIR award- fraud, and abuse prevention activities de- WASTE, AND ABUSE. ees; and scribed in section 313(a)(1)(B)(ii) of the SBIR/ (a) FRAUD, WASTE, AND ABUSE PREVEN- (3) there is an effective grievance tracking STTR Reauthorization Act of 2010; TION.— process for SBIR awardees who have griev- ‘‘(v) carrying out subsection (cc); (1) GUIDELINES FOR FRAUD, WASTE, AND ances against a Federal agency regarding ‘‘(vi) carrying out subsection (ff); ABUSE PREVENTION.— data rights and a process for resolving those ‘‘(vii) contract processing costs relating to (A) AMENDMENTS REQUIRED.—Not later grievances. the SBIR program; and than 90 days after the date of enactment of (b) REPORT.—Not later than 18 months ‘‘(viii) funding for additional personnel and this Act, the Administrator shall amend the after the date of enactment of this Act, the assistance with application reviews. SBIR Policy Directive and the STTR Policy Directive to include measures to prevent Comptroller General shall submit to the ‘‘(2) ACTIVITIES.—The activities described Committee on Small Business and Entrepre- in this paragraph include— fraud, waste, and abuse in the SBIR program neurship of the Senate and the Committee ‘‘(A) the administration of the SBIR pro- and the STTR program. on Small Business of the House of Represent- gram or the STTR program of a Federal (B) CONTENT OF AMENDMENTS.—The amend- atives a report regarding the study con- agency; ments required under subparagraph (A) shall ducted under subsection (a). ‘‘(B) the provision of outreach and tech- include— (i) definitions or descriptions of fraud, SEC. 310. OBTAINING CONSENT FROM SBIR AND nical assistance relating to the SBIR pro- waste, and abuse; STTR APPLICANTS TO RELEASE gram of a Federal agency, including tech- (ii) a requirement that the Inspectors Gen- CONTACT INFORMATION TO ECO- nical assistance site visits and personnel eral of each Federal agency that participates NOMIC DEVELOPMENT ORGANIZA- interviews; TIONS. in the SBIR program or the STTR program ‘‘(C) contract processing; Section 9 of the Small Business Act (15 cooperate to— ‘‘(D) the implementation of oversight and U.S.C. 638), as amended by this Act, is (I) establish fraud detection indicators; quality control measures, including amended by adding at the end the following: (II) review regulations and operating pro- verification of reports and invoices and cost ‘‘(jj) CONSENT TO RELEASE CONTACT INFOR- cedures of the Federal agencies; reviews; and MATION TO ORGANIZATIONS.— (III) coordinate information sharing be- ‘‘(1) ENABLING CONCERN TO GIVE CONSENT.— ‘‘(E) targeted reviews of recipients of tween the Federal agencies; and Each Federal agency required by this section awards under the SBIR program that the (IV) improve the education and training of, to conduct an SBIR program or an STTR head of a Federal agency determines are at and outreach to— program shall enable a small business con- high risk for fraud, waste, or abuse, to en- (aa) administrators of the SBIR program cern that is an SBIR applicant or an STTR sure compliance with requirements of the and the STTR program of each Federal agen- applicant to indicate to the Federal agency SBIR program. cy; whether the Federal agency has the consent ‘‘(3) PERFORMANCE CRITERIA.—A Federal (bb) applicants to the SBIR program or the of the concern to— agency may not use funds as authorized STTR program; and ‘‘(A) identify the concern to appropriate under paragraph (1) until after the effective (cc) recipients of awards under the SBIR local and State-level economic development date of performance criteria, which the Ad- program or the STTR program; organizations as an SBIR applicant or an ministrator shall establish, to measure any (iii) guidelines for the monitoring and STTR applicant; and benefits of using funds as authorized under oversight of applicants to and recipients of ‘‘(B) release the contact information of the paragraph (1) and to assess continuation of awards under the SBIR program or the STTR concern to such organizations. the authority under paragraph (1). program; and ‘‘(2) RULES.—The Administrator shall es- ‘‘(4) RULES.—Not later than 180 days after (iv) a requirement that each Federal agen- tablish rules to implement this subsection. the date of enactment of this subsection, the cy that participates in the SBIR program or The rules shall include a requirement that a Administrator shall issue rules to carry out STTR program include the telephone number Federal agency include in the SBIR and this subsection.’’. of the hotline established under paragraph STTR application a provision through which (b) TECHNICAL AND CONFORMING AMEND- (2)— the applicant can indicate consent for pur- MENTS.— (I) on the website of the Federal agency; poses of paragraph (1).’’. (1) IN GENERAL.—Section 9 of the Small and SEC. 311. PILOT TO ALLOW FUNDING FOR ADMIN- Business Act (15 U.S.C. 638) is amended— (II) in any solicitation or notice of funding ISTRATIVE, OVERSIGHT, AND CON- (A) in subsection (f)(2)(A), as so designated opportunity issued by the Federal agency for TRACT PROCESSING COSTS. by section 103(2) of this Act, by striking the SBIR program or the STTR program. (a) IN GENERAL.—Section 9 of the Small ‘‘shall not’’ and all that follows through (2) FRAUD, WASTE, AND ABUSE PREVENTION Business Act (15 U.S.C. 638), as amended by ‘‘make available for the purpose’’ and insert- HOTLINE.— this Act, is amended by adding at the end ing ‘‘shall not make available for the pur- (A) HOTLINE ESTABLISHED.—The Adminis- the following: pose’’; and trator shall establish a telephone hotline ‘‘(kk) ASSISTANCE FOR ADMINISTRATIVE, (B) in subsection (y), as amended by sec- that allows individuals to report fraud, OVERSIGHT, AND CONTRACT PROCESSING tion 204— waste, and abuse in the SBIR program or COSTS.— (i) by striking paragraph (4); STTR program. ‘‘(1) IN GENERAL.—Subject to paragraph (3), (ii) by redesignating paragraphs (5) and (6) (B) PUBLICATION.—The Administrator shall the Administrator shall allow each Federal as paragraphs (4) and (5), respectively. include the telephone number for the hotline agency required to conduct an SBIR program (2) TRANSITIONAL RULE.—Notwithstanding established under subparagraph (A) on the to use not more than 3 percent of the funds the amendments made by paragraph (1), sub- website of the Administration. allocated to the SBIR program of the Fed- section (f)(2)(A) and (y)(4) of section 9 of the (b) STUDY AND REPORT.— eral agency— Small Business Act (15 U.S.C. 638), as in ef- (1) STUDY.—Not later than 1 year after the ‘‘(A) for the first fiscal year beginning fect on the day before the date of enactment date of enactment of this Act, and every 3 after the date of enactment of this sub- of this Act, shall continue to apply to each years thereafter, the Comptroller General of section, and each fiscal year thereafter Federal agency until the effective date of the the United States shall— through fiscal year 2018, for costs relating to performance criteria established by the Ad- (A) conduct a study that evaluates— administrative, oversight, and contract proc- ministrator under subsection (kk)(3) of sec- (i) the implementation by each Federal essing activities for the SBIR program that tion 9 of the Small Business Act, as added by agency that participates in the SBIR pro- the Federal agency was not carrying out dur- subsection (a). gram or the STTR program of the amend- ing the last full fiscal year before the date of SEC. 312. GAO STUDY WITH RESPECT TO VEN- ments to the SBIR Policy Directive and the enactment of this subsection, including ac- TURE CAPITAL OPERATING COM- STTR Policy Directive made pursuant to tivities described in paragraph (2); and PANY INVOLVEMENT. subsection (a); ‘‘(B) for the first 3 fiscal years beginning Not later than 3 years after the date of en- (ii) the effectiveness of the management after the date of enactment of this sub- actment of this Act, and every 3 years there- information system of each Federal agency section, for— after, the Comptroller General of the United that participates in the SBIR program or ‘‘(i) administration of the SBIR program or States shall— STTR program in identifying duplicative the STTR program; (1) conduct a study of the impact of re- SBIR and STTR projects; ‘‘(ii) implementation of commercialization quirements relating to venture capital oper- (iii) the effectiveness of the risk manage- and outreach initiatives that were not in ef- ating company involvement under section ment strategies of each Federal agency that

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23501 participates in the SBIR program or STTR (3) a report on the review by and rec- (2) by adding after paragraph (12), as added program in identifying areas of the SBIR ommendations of the Committee under sub- by section 111(a) of this Act, the following: program or the STTR program that are at section (c)(3) not later than 2 years after the ‘‘(13) encourage applications under the high risk for fraud; date of enactment of this Act. SBIR program (to the extent that the (iv) technological tools that may be used TITLE IV—POLICY DIRECTIVES projects relate to the mission of the Federal to detect patterns of behavior that may indi- agency)— cate fraud by applicants to the SBIR pro- SEC. 401. CONFORMING AMENDMENTS TO THE ‘‘(A) from small business concerns in geo- SBIR AND THE STTR POLICY DIREC- graphic areas underrepresented in the SBIR gram or the STTR program; TIVES. (v) the success of each Federal agency that program or located in rural areas (as defined (a) IN GENERAL.—Not later than 180 days participates in the SBIR program or STTR in section 1393(a)(2) of the Internal Revenue after the date of enactment of this Act, the program in reducing fraud, waste, and abuse Code of 1986); Administrator shall promulgate amend- in the SBIR program or the STTR program ‘‘(B) small business concerns owned and ments to the SBIR Policy Directive and the of the Federal agency; and controlled by women; STTR Policy Directive to conform such di- (vi) the extent to which the Inspector Gen- ‘‘(C) small business concerns owned and rectives to this Act and the amendments eral of each Federal agency that participates controlled by veterans; made by this Act. in the SBIR program or STTR program effec- ‘‘(D) small business concerns owned and (b) PUBLISHING SBIR POLICY DIRECTIVE AND tively conducts investigations of individuals controlled by Native Americans; and THE STTR POLICY DIRECTIVE IN THE FEDERAL alleged to have submitted false claims or ‘‘(E) small business concerns located in a REGISTER.—Not later than 180 days after the violated Federal law relating to fraud, con- geographic area with an unemployment rates date of enactment of this Act, the Adminis- flicts of interest, bribery, gratuity, or other that exceed the national unemployment trator shall publish the amended SBIR Pol- misconduct; and rate, based on the most recently available icy Directive and the amended STTR Policy (B) submit to the Committee on Small monthly publications of the Bureau of Labor Directive in the Federal Register. Business and Entrepreneurship of the Sen- Statistics of the Department of Labor.’’. ate, the Committee on Small Business of the TITLE V—OTHER PROVISIONS (b) STTR PROGRAM.—Section 9(o) of the Small Business Act (15 U.S.C. 638(o)), as House of Representatives, and the head of SEC. 501. RESEARCH TOPICS AND PROGRAM DI- each Federal agency that participates in the VERSIFICATION. amended by section 111(b) of this Act, is amended— SBIR program or STTR program a report on (a) SBIR PROGRAM.—Section 9(g) of the (1) in paragraph (3)— the results of the study conducted under sub- Small Business Act (15 U.S.C. 638(g)) is (A) in the matter preceding subparagraph paragraph (A). amended— (A), by striking ‘‘broad research topics and (1) in paragraph (3)— SEC. 314. INTERAGENCY POLICY COMMITTEE. to topics that further 1 or more critical tech- (A) in the matter preceding subparagraph (a) ESTABLISHMENT.—The Director of the nologies’’ and inserting ‘‘applications to the (A), by striking ‘‘broad research topics and Office of Science and Technology Policy (in Federal agency for support of projects relat- to topics that further 1 or more critical tech- this section referred to as the ‘‘Director’’), in ing to nanotechnology, security, energy, rare nologies’’ and inserting ‘‘applications to the conjunction with the Administrator, shall diseases, transportation, or improving the establish an Interagency SBIR/STTR Policy Federal agency for support of projects relat- security and quality of the water supply of Committee (in this section referred to as the ing to nanotechnology, rare diseases, secu- the United States (to the extent that the ‘‘Committee’’) comprised of 1 representative rity, energy, transportation, or improving projects relate to the mission of the Federal from each Federal agency with an SBIR pro- the security and quality of the water supply agency), broad research topics, and topics gram or an STTR program and 1 representa- of the United States, and the efficiency of that further 1 or more critical technologies tive of the Office of Management and Budget. water delivery systems and usage patterns in or research priorities’’; (b) COCHAIRPERSONS.—The Director and the the United States (including the territories (B) in subparagraph (A), by striking ‘‘or’’ Administrator shall serve as cochairpersons of the United States) through the use of at the end; and of the Committee. technology (to the extent that the projects (C) by adding at the end the following: (c) DUTIES.—The Committee shall review, relate to the mission of the Federal agency), ‘‘(C) the National Academy of Sciences, in and make policy recommendations on ways broad research topics, and topics that fur- the final report issued by the ‘America’s En- to improve the effectiveness and efficiency ther 1 or more critical technologies or re- ergy Future: Technology Opportunities, of, the SBIR program and the STTR pro- search priorities’’; Risks, and Tradeoffs’ project, and in any sub- gram, including — (B) in subparagraph (A), by striking ‘‘or’’ sequent report by the National Academy of (1) reviewing the effectiveness of the public at the end; and Sciences on sustainability, energy, or alter- and government databases described in sec- (C) by adding at the end the following: native fuels; tion 9(k) of the Small Business Act (15 U.S.C. ‘‘(C) the National Academy of Sciences, in ‘‘(D) the National Institutes of Health, in 638(k)); the final report issued by the ‘America’s En- the annual report on the rare diseases re- (2) identifying— ergy Future: Technology Opportunities, search activities of the National Institutes (A) best practices for commercialization Risks, and Tradeoffs’ project, and in any sub- of Health for fiscal year 2005, and in any sub- assistance by Federal agencies that have sig- sequent report by the National Academy of sequent report by the National Institutes of nificant potential to be employed by other Sciences on sustainability, energy, or alter- Health on rare diseases research activities; Federal agencies; and native fuels; ‘‘(E) the National Academy of Sciences, in (B) proposals by Federal agencies for ini- ‘‘(D) the National Institutes of Health, in the final report issued by the ‘Transit Re- tiatives to address challenges for small busi- the annual report on the rare diseases re- search and Development: Federal Role in the ness concerns in obtaining funding after a search activities of the National Institutes National Program’ project and the report en- Phase II award ends and before commer- of Health for fiscal year 2005, and in any sub- titled ‘Transportation Research, Develop- cialization; and sequent report by the National Institutes of ment and Technology Strategic Plan (2006- (3) developing and incorporating a standard Health on rare diseases research activities; 2010)’ issued by the Research and Innovative evaluation framework to enable systematic ‘‘(E) the National Academy of Sciences, in Technology Administration of the Depart- assessment of the SBIR program and STTR the final report issued by the ‘Transit Re- ment of Transportation, and in any subse- program, including through improved track- search and Development: Federal Role in the quent report issued by the National Acad- ing of awards and outcomes and development National Program’ project and the report en- emy of Sciences or the Department of Trans- of performance measures for the SBIR pro- titled ‘Transportation Research, Develop- portation on transportation and infrastruc- gram and STTR program of each Federal ment and Technology Strategic Plan (2006- ture; or agency. 2010)’ issued by the Research and Innovative ‘‘(F) the national nanotechnology strategic (d) REPORTS.—The Committee shall submit Technology Administration of the Depart- plan required under section 2(c)(4) of the 21st to the Committee on Small Business and En- ment of Transportation, and in any subse- Century Nanotechnology Research and De- trepreneurship of the Senate and the Com- quent report issued by the National Acad- velopment Act (15 U.S.C. 7501(c)(4)) and in mittee on Science and Technology and the emy of Sciences or the Department of Trans- any report issued by the National Science Committee on Small Business of the House portation on transportation and infrastruc- and Technology Council Committee on Tech- of Representatives— ture; or nology that focuses on areas of nanotechnol- (1) a report on the review by and rec- ‘‘(F) the national nanotechnology strategic ogy identified in such plan;’’; ommendations of the Committee under sub- plan required under section 2(c)(4) of the 21st (2) in paragraph (15), by striking ‘‘and’’ at section (c)(1) not later than 1 year after the Century Nanotechnology Research and De- the end; date of enactment of this Act; velopment Act (15 U.S.C. 7501(c)(4)) and in (3) in paragraph (16), by striking the period (2) a report on the review by and rec- any report issued by the National Science at the end and inserting ‘‘; and’’; and ommendations of the Committee under sub- and Technology Council Committee on Tech- (4) by adding at the end the following: section (c)(2) not later than 18 months after nology that focuses on areas of nanotechnol- ‘‘(17) encourage applications under the the date of enactment of this Act; and ogy identified in such plan;’’; and STTR program (to the extent that the

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23502 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 projects relate to the mission of the Federal ‘‘(C) include factors relating to the eco- OMNIBUS TRADE ACT OF 2010 agency)— nomic impact of the programs. ‘‘(A) from small business concerns in geo- ‘‘(2) EVALUATION.—The head of each Fed- Mr. BROWN of Ohio. Mr. President, I graphic areas underrepresented in the STTR eral agency described in paragraph (1) shall thank the Republican leader for his program or located in rural areas (as defined conduct an annual evaluation using the willingness to let us move on this UC. in section 1393(a)(2) of the Internal Revenue metrics developed under paragraph (1) of— Code of 1986); ‘‘(A) the SBIR program and the STTR pro- I ask unanimous consent the Senate ‘‘(B) small business concerns owned and gram of the Federal agency; and proceed to the immediate consider- controlled by women; ‘‘(B) the benefits to the people of the ation of H.R. 6517, which was received ‘‘(C) small business concerns owned and United States of the SBIR program and the controlled by veterans; STTR program of the Federal agency. from the House and is at the desk. ‘‘(D) small business concerns owned and ‘‘(3) REPORT.— The PRESIDING OFFICER. The controlled by Native Americans; and ‘‘(A) IN GENERAL.—The head of each Fed- clerk will report the bill by title. ‘‘(E) small business concerns located in a eral agency described in paragraph (1) shall geographic area with an unemployment rates submit to the appropriate committees of The legislative clerk read as follows: that exceed the national unemployment Congress and the Administrator an annual A bill (H.R. 6517) to extend trade adjust- rate, based on the most recently available report describing in detail the results of an ment assistance and certain trade preference monthly publications of the Bureau of Labor evaluation conducted under paragraph (2). programs, to amend the Harmonized Tariff Statistics of the Department of Labor.’’. ‘‘(B) PUBLIC AVAILABILITY OF REPORT.—The (c) RESEARCH AND DEVELOPMENT FOCUS.— head of each Federal agency described in Schedule of the United States to modify Section 9(x) of the Small Business Act (15 paragraph (1) shall make each report sub- temporarily certain rates of duty, and for U.S.C. 638(x)) is amended— mitted under subparagraph (A) available to other purposes. (1) by striking paragraph (2); and the public online. (2) by redesignating paragraph (3) as para- ‘‘(C) DEFINITION.—In this paragraph, the There being no objection, the Senate graph (2). term ‘appropriate committees of Congress’ proceeded to consider the bill. SEC. 502. REPORT ON SBIR AND STTR PROGRAM means— Mr. CONRAD. This is the Statement GOALS. ‘‘(i) the Committee on Small Business and of Budgetary Effects of PAYGO Legis- Section 9 of the Small Business Act (15 Entrepreneurship of the Senate; and U.S.C. 638), as amended by this Act, is ‘‘(ii) the Committee on Small Business and lation for H.R. 6517, as amended. amended by adding at the end the following: the Committee on Science and Technology of Total Budgetary Effects of H.R. 6517 for the ‘‘(ll) ANNUAL REPORT ON SBIR AND STTR the House of Representatives.’’. PROGRAM GOALS.— 5-year Statutory PAYGO Scorecard: net de- SEC. 503. COMPETITIVE SELECTION PROCE- crease in the deficit of $2.208 billion. ‘‘(1) DEVELOPMENT OF METRICS.—The head DURES FOR SBIR AND STTR PRO- of each Federal agency required to partici- GRAMS. Total Budgetary Effects of H.R. 6517 for the pate in the SBIR program or the STTR pro- Section 9 of the Small Business Act (15 10-year Statutory PAYGO Scorecard: net de- gram shall develop metrics to evaluate the U.S.C. 638), as amended by this Act, is crease in the deficit of $450 billion. effectiveness, and the benefit to the people of amended by adding at the end the following: the United States, of the SBIR program and ‘‘(mm) COMPETITIVE SELECTION PROCE- Also submitted for the RECORD as the STTR program of the Federal agency DURES FOR SBIR AND STTR PROGRAMS.—All part of this statement is a table pre- that— funds awarded, appropriated, or otherwise pared by the Congressional Budget Of- ‘‘(A) are science-based and statistically made available in accordance with sub- driven; section (f) or (n) must be awarded pursuant fice, which provides additional infor- ‘‘(B) reflect the mission of the Federal to competitive and merit-based selection mation on the budgetary effects of this agency; and procedures.’’. act, as follows: CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR THE SENATE AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 6517, THE OMNIBUS TRADE ACT OF 2010, AS TRANSMITTED TO CBO ON DECEMBER 22, 2010 [Millions of dollars, by fiscal year]

2011– 2011– 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact ...... 122 115 25 5 ¥2,475 2,475 0 0 0 ¥717 ¥2208 ¥450 Note: Components may not sum to totals because of rounding. Source: Congressional Budget Office and staff of the Joint Committee on Taxation.

Mr. BROWN of OHIO. Mr. President, I This agreement among Senator States’ losses. We are grateful for this ask unanimous consent that the Brown CASEY, Senator KYL, Senator MCCAIN, extension. We have more work to do. amendment, which is at the desk, be and me will make a difference in re- The PRESIDING OFFICER. The Re- agreed to; the bill, as amended, be read storing TAA, trade adjustment, and publican leader is recognized. a third time and passed; the motions to the health care tax credit, in addition reconsider be laid on the table, with no to the Andean trade references and f intervening action or debate, and any some other things that will make a dif- statements related to the bill be print- ference. TRIBUTE TO BILLY PIPER ed in the RECORD. It will make a difference. It will Mr. MCCONNELL. Mr. President, The PRESIDING OFFICER. Without mean that 50,000 people don’t lose their over the course of the last two decades objection, it is so ordered. health insurance the first of the year. I I have had the honor of watching a The amendment (No. 4924) was agreed am appreciative of all who have been very smart, but very green young man to. part of this. from Louisville grow into one of the I will yield to Senator CASEY for a finest people you could ever work with (The amendment is printed in today’s moment. I thank the leaders for their or call a friend. RECORD under ‘‘Text of Amendments.’’) generosity. There is almost no hat that Billy The amendment was ordered to be Mr. CASEY. Mr. President, I thank Piper has not worn in the 19 years he engrossed and the bill to be read a Senator BROWN, as well as Senators has worked in my office—from driver, third time. The bill (H.R. 6517), as MCCAIN and KYL, for entering into this to mailroom staffer, to legislative aide, amended, was read the third time, and agreement. It extends this for a short to campaign worker, all the way up to passed. period of time. It is important as it re- chief of staff. Mr. BROWN of Ohio. Mr. President, lates to manufacturing jobs in a State He’s done it all. And in the course of in light of the generosity of the Repub- such as ours, where we have lost over doing it all, he became indispensable to lican leader and the assistant majority 200,000 in less than a decade. I am sure me. And that’s why it is so hard to say leader, 30 seconds. that number corresponds to other goodbye. But Billy has simply given

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23503 too much of himself to leave without a million Kentuckians. For 8 years, Billy known and worked with each of you. proper send-off. has been my right-hand man. Thank you for all you have done and One of Billy’s defining traits is that Two years ago, Billy was invaluable continue to do. I am in your debt.’’ he deflects praise. This morning I to me in my reelection campaign. Once Billy, as usual, you are generous with would like to deny him the chance. again, he proved himself equal to any praise for everyone but yourself. But A native of Louisville, Billy attended challenge. He was the one man who we’re the ones who are thankful. We the Kentucky Country Day school and knew everything that was going on and are the ones who are better for having then moved to Virginia to attend the what everyone else was doing. He was known you. And the honor was all ours. University of Richmond. He spent a se- and is unflappable, steady, and always Most of all, though, the honor was mester here in Washington studying confident. mine to stand alongside you through public policy and politics and did an in- He gave it everything he had—and al- the years, as your mentor and your ternship with Senator LUGAR’s office, ways with a smile on his face. And it friend. I watched as you inspired oth- which he liked so much he decided to wasn’t easy for him, I know. With a ers. You’ve inspired me. Thank you for look for a permanent job on the Hill. young family at home, he sacrificed your service and your friendship. And I would like to thank Senator much. He’s very fortunate that Holly’s Mr. President, I yield the floor. LUGAR today for inspiring Billy to pub- an understanding wife. f lic service. More than anyone else, Billy is re- Billy was so eager to take a job in sponsible for fostering the feeling of SENATE ACCOMPLISHMENTS my office, in fact, that he agreed to be family in my office. It’s one of the Mr. DURBIN. Mr. President, just as a driver even after he learned I had a things we’ll miss most about him. He the majority leader started to leave stick shift—which he didn’t know how always made staff feel like they’re the floor, I said to him, what an amaz- to drive. His knowledge of Washington, more than just a group of people in an ing 2 years. I just left an interview up- D.C., streets wasn’t that much better. office. He’s grown close to a lot of them stairs where a major network asked But he decided the best way to learn over the years, and they all love him me: What do you think you have ac- both was by driving around a U.S. Sen- and admire him. complished over the last 2 years? ator. Our first day on the road was a But as tough as this change is for me, I said to him: I can’t speak for what little rough. But ever since he mas- I know it’s as tough for Billy too. happened 30 or 40 years ago in the Sen- tered the clutch, Billy hasn’t made a Here’s a guy who went to the same ate; I wasn’t around. But I can tell you misstep since. When he wasn’t driving, school from kindergarten through the that in the 28 years I have been in the Billy sorted the mail that came into 12th grade, lived in the same house his House and Senate, I have never seen a the office. And it didn’t take long for whole childhood, and has had the same more amazing, productive session of me to see this young man had a lot of work e-mail address since we started Congress. potential, so I gave him more and more using e-mail around here. But he is In the Senate, you had to put it into responsibility. making this change for the right rea- perspective. At the same time we were He became a legislative cor- son. When he announced his decision, accomplishing these things, we were respondent, handling military and for- Billy said, ‘‘I love this office, I love the facing record numbers of filibusters— eign affairs. And in 1996 I asked him to Senate, and I love Kentucky . . . but I more obstacles than ever in history. be the finance director for my reelec- love my family more.’’ And no one can Yet, when you look at the record that tion campaign. Without hesitation, begrudge him that. was written over the last 2 years in Billy left a secure position and his So while this is a loss for me, my this Chamber and in the House of Rep- home for an extremely hard campaign staff, my colleagues in the Senate, and resentatives, working with the Presi- job on the road. It wasn’t an easy job. the many people he’s helped in Ken- dent, it is nothing short of amazing. And in any campaign, there’s no guar- tucky over the years, it is a gain for Allow me to go through my checklist antee of victory. But Billy excelled at Billy’s wife Holly, and their two little here. I am sure others will question it, as usual, and at every task I’ve boys Billy and Tucker. And I wish the some things I put on the list and add given him since. Piper family great happiness. I can some of their own particularly the Sen- Ask other members of my staff to de- hardly believe the man I am saying ator from Iowa, Senator HARKIN, who scribe Billy and they will tell you he’s goodbye to is the same young man who certainly is an inspiring leader on so not only a friend, but a teacher and a stood for a high-school photo with me many of these important issues. mentor. back in 1986. First and foremost, the American Re- Lots of people come to Capitol Hill Sadly, Billy’s parents aren’t here to covery and Reinvestment Act. That is with good intentions and wanting to do share in Billy’s sendoff from the Sen- what the President came to Wash- the right thing—but not all of them ate. But if you knew Bill and Ann ington to initiate to stop this recession learn how to get things done. In my of- Piper, you would not be surprised by and slow down the growth in unem- fice, the road to mastery of any job the kind of person Billy is or the suc- ployment. None of us is happy with the usually ran through Billy Piper. First cess he has become. And I know they state of the economy, but it would of all, Billy puts everyone at ease, from would be bursting with pride if they have been dramatically worse had we the college student applying for an in- were here today to see what their son’s not done that. ternship to heads of state. He treats ev- accomplished. It was the love of a Two, Wall Street reform. We looked eryone the same, regardless of their strong family that started Billy off on at the root causes of the recession and station. He also refuses to take praise, the right track, and it is because of his said we are going to change the law and even if he does, he’s usually eager love for his family today that we bid and add oversight and investigators to to deflect it onto the rest of the team. him farewell. You can’t say Billy Pip- stop Wall Street from bringing us an- He’s also got a wicked sense of humor. er’s priorities aren’t in the right place. other recession some day in the future. It’s a regular part of the day to hear Before I finish, I would just like to No. 3, the HIRE Act, a jobs package laughter pealing from Billy’s office. read from an e-mail Billy sent to the to encourage businesses to hire unem- Billy became the chief of staff in my entire staff on his last day—an e-mail ployed workers. We have been focusing personal office toward the end of 2002. that sums up the kind of guy Billy is. on jobs since we got here, and we need And for the last 8 years, he has shown Here’s what he wrote: ‘‘The great honor to continue that focus. first-class leadership as the steady of my professional life has been being No. 4 was a measure we passed in this hand at the wheel. He has shown ex- able to call myself a McTeamer for lameduck session, the middle-class tax traordinarily sound judgment. He’s al- nearly 20 years. This is an experience I package, extending middle-class tax ways been ready to do whatever he was will treasure all the more because of breaks for working families and lower asked, whatever it took. Most of all, the wonderful friends I have made income families, I might add, as well as Billy knew who we all worked for: 4 along the way. I am better for having others in the year to come so we can

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.002 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23504 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 keep this economic growth moving in passed calls on the Food and Drug Ad- tion, but she was discriminated against the right direction. ministration to regulate the manufac- because of who she was. No. 5, credit card company regula- ture, sale, and promotion of tobacco She gave the Pledge of Allegiance tions, long overdue. People complained products. The things we did in this bill, today with tears in her eyes and joined about abuses by credit card companies, I say to Senator HARKIN, would have all of us applauding President Obama and we passed major regulatory re- been unthinkable 10 years ago. But we as he finally signed this bill repealing form. did them to try to keep these tobacco don’t ask, don’t tell. No. 6, small business lending fund. products out of the hands of kids. No. 18 is a bill I worked on, and the The Small Business Credit and Jobs No. 14 on my list is something that most unlikely political odd couple on Act could provide up to $300 billion in passed a few hours ago, ratifying the Capitol Hill, JEFF SESSIONS. It is the loans to small businesses across Amer- New START treaty. This is what the Fair Sentencing Act which reduced the ica that were having trouble finding President needed. This is what America unfair disparity in sentencing between money in the private sector. That needed. We only have one President. crack and powder cocaine. There are could, I think, dramatically increase We want to give him the authority to literally thousands of men and women jobs from small businesses. keep America safe. We want his word serving time in prison because of this No. 7 occurred as part of our agenda to be good. We want him to engage disparity in sentencing. Senator SES- in the lameduck session, the extension former adversaries as future allies with SIONS and I reached an accommodation, of unemployment insurance. Time and the passage of the New START treaty. an agreement, a compromise on sen- again we did it and then in the tax No. 15 is one near and dear to my tencing which brings us closer to the package we extended it for 13 months heart. It was originally introduced by reality of the danger of the narcotics so that millions of Americans would Hillary Clinton, and when she left to involved. I thank him for his bipartisan have a basic check to buy with each join the President’s Cabinet, I asked if cooperation. week. I could take up the cause of passing the No. 19 is the first bill signed by Presi- First-time home buyers tax credit is veterans caregiver assistance bill. In a dent Obama as President of the United No. 8, which encourages more people to word, it means those disabled veterans States, the Lilly Ledbetter Fair Pay buy homes for the first time and it who return home, who are fortunate to Act, to try to once and for all end dis- gave them a tax incentive to achieve have a spouse, a parent, or a member of crimination of women in the work- that. their family who will sacrifice their place. The next item I will mention is own lives to make sure they are com- No. 20, the hate crimes prevention health care reform. Some would put it fortable in their homes will receive bill. That is one I think is absolutely as No. 1. I certainly would put it as No. some help from the government. These essential to renew the promise in 1 or No. 2. This is the first President in are people who get to stay home as dis- America that we will never discrimi- almost 90 years to successfully tackle abled veterans and, because someone in nate against people based on sexual the challenge of the rising cost of the family will stay with them where orientation, race, gender, creed, or na- health care and the need for basic re- they want to be, at considerably less tional origin. That bill was long over- form. Sure, it is controversial, but as expense to our government but in the due. The Matthew Shepard family, who the provisions of this health care re- right, positive environment for our dis- helped us pass that bill, was instru- form bill unfold and are implemented, abled veterans. This bill gives those mental in moving America forward in they can bring us to a point where the veteran caregivers a little additional the field of human rights. cost of health care will come down and assistance, some respite time, and a I am sure Senator HARKIN can add there will be more available to people modest stipend each month so they can three or four of his own to that list. who currently are not protected. continue to do this invaluable work on When I look back and reflect on 2 No. 10, the Children’s Health Insur- behalf of the men and women who sac- years of hard work, it is worth the ef- ance Program. We reauthorized and ex- rifice so much for our country. fort. All the long nights, all the time panded it. After two vetoes by the No. 16 we passed today as well, the 9/ away from family, some of the frustra- former President, this bill expanded 11 Health and Compensation Act. We tion, all of the anger, all of it was health insurance coverage for over 4 said so much in tribute to first re- worth it when we look back in time million previously uninsured children. sponders—police, firefighters and oth- and say in our time here, many of us No. 11—my hats off to the Senator ers—who came to Ground Zero when believe we have helped to move Amer- from Iowa—food safety. There were they were called. Today we said we ica forward with the work we have times in the last week or two that it were going to stand by them with any done in the Congress. was a dead duck in the lameduck. illness that came about as a result of I yield the floor. Somehow or another, it found its wings that experience. The PRESIDING OFFICER. The Sen- and started to fly and was passed by No. 17, repeal of don’t ask, don’t tell. ator from Iowa. both the House and the Senate. I went to that ceremony today, and I Mr. HARKIN. Mr. President, I lis- I worked on this measure for 16 have to tell you, I thought it was one tened very carefully to my friend from years. The Senator from Iowa brought of the most profound experiences I had. Illinois as he went down his list. I it across the finish line with the kind To see an auditorium filled with people admit it is a pretty thorough list. I of skills he has developed as a leader in who cared so much for this issue, many may have missed one. I was conversing the Senate. It is great to team up with of whom have seen their lives wrecked with another Senator briefly. Did I him. People’s lives will be saved and because of discrimination based on miss the higher education bill? The list people spared serious illness because of their sexual orientation. The Pledge of covered everything else, I say to my this bill. Allegiance was given by retired Air friend. The Higher Education Act, No. 12, child nutrition, a favorite of Force COL Margarethe Cammermeyer. which historically, I say to Senator the First Lady. I thank Senator I know her story well because I told it DURBIN, in 1992, Senator Kennedy, then BLANCHE LINCOLN, who is leaving us, so many times. She was an Air Force the chair of the committee which I now for her leadership on this issue. We are nurse who risked her life to save the chair, had done a study to see whether providing nutritious meals to hungry lives of servicemen in Vietnam who direct loans would be better than the children and increasing the Federal re- rose through the ranks until one day indirect loans that go through banks imbursement rate for school meals so she announced, when asked, that she for students going to college. local governments do not have to ab- was a lesbian. She was discharged, re- We had this study done, this pilot sorb the increased cost. tired from the service. Never in the program. In 1993 and 1994, the pilot pro- No. 13—here is an issue front and cen- course of her military career had any- gram ran. By 1994, the data was in. The ter in my career in the House and Sen- thing about her sexual preference had Direct Loan Program worked well. It ate—tobacco regulation. The bill we any impact on her service to the Na- saved tons of money, and the schools

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They and during the financial meltdown of ate because our country sorely needs wanted to keep it going through the 2008. He talked of a time when Senators public servants of his caliber, intel- banks. Banks loved it. Who does not acted not as Democrats and Repub- ligence, and accomplishments. like free money? From 1995 on, we licans but as patriots concerned of I will miss the day-to-day friend- never had the opportunity to ever ex- doing one thing: doing what is right for ships, the counsels, the interchanges pand the Direct Loan Program and the American people. He said that we have had together in the Senate. I save all this money, until finally when these times of bipartisan action were wish EVAN and his wonderful wife Barack Obama became President and with the Senate at its very best. Susan and their twin sons, Beau and Democrats took over the House and the For more than two decades, Senator Nick, the very best in the years ahead. Senate, we were able to pass it and, as BAYH has embodied everything that is ARLEN SPECTER the Senator knows, we signed that into good about this body: a passion for Mr. President, I also wish to pay a law, I think if I am not mistaken, in public service, a sincere desire to reach farewell to another long-time legisla- February of this year right after we out across the aisle, a great talent for tive partner, and that is Senator passed the health care bill, and it was forging coalitions and bringing people ARLEN SPECTER of Pennsylvania. part of the health care bill. together, and a willingness to work I listened with great interest to Sen- In passing that bill, we went from in- long hours to accomplish important ator SPECTER’s farewell remarks yes- direct loans to Direct Loan Program things. terday. He decried the decline of bipar- and save $60 billion in 10 years. We As we all know, EVAN is what we tisan cooperation in this body. As he took that money and put it in better might call a ‘‘son of the Senate.’’ He is put it: Pell grants for students. enormously proud to have been elected In some quarters, compromising has be- I say to my friend to illustrate, to the same seat his father Senator come a dirty word. Politics is no longer the Birch Bayh held for two terms and who art of the possible when senators are intran- sometimes it takes a long time around sigent in their positions. here to get things done. If you per- remains a great friend of mine after all During his remarkable 30 years in the severe and the stars align right, you these years. He has followed in his fa- Senate—he is the longest serving U.S. can get it done. It is also a way of say- ther’s footsteps in fighting for quality Senator in Pennsylvania’s history— ing to my friend from Illinois, thank public schools, student loans, retire- ARLEN SPECTER has been admired for you for what you did for food safety. I ment security, and giving every Amer- his fierce independence and for his will- get a lot of accolades. I just happened ican access to quality, affordable ingness to cross party lines in order to to be here as chairman of the com- health care. accomplish big and important things In addition, he has been a leader in mittee at the right time to get it for this country. through. Anyone who knows anything strengthening our Armed Forces and Nowhere has this been more vividly about this issue knows Senator DURBIN national security. I know that Senator on display than in the Labor, Health was the Senator who got this going. I BAYH takes special pride in leading the and Human Services Subcommittee of always wondered how many years ago. charge to provide our troops in Iraq the Committee on Appropriations, on and Afghanistan with much improved He said 16 years ago. which Senator SPECTER and I are sen- Again, there is perseverance, stick to mine-resistant armored vehicles. ior members. Before last year, when he it. When you know what is right and As he leaves this body, Senator BAYH returned to his roots as a Democrat, is still a young man with many chap- good for this country, do not give up ARLEN was the senior Republican and I and hang in there. Senator DURBIN ters yet to be written in his life and ca- was the senior Democrat on that sub- hung in there for 16 long years. We fi- reer. For more than a quarter century, committee. Since 1989, as the majority nally got the bill done and passed. I he has devoted himself to public serv- in the Senate has gone back and forth think the President will be signing it ice, first as Indiana’s secretary of between the two parties, we alternated into law some time before January 5. state, then as an enormously successful as either chair or ranking member. But A lot fewer people will get sick, a lot two-term Governor of Indiana, and, of the transitions were seamless as we more families will be healthy, and our course, since 1999 as a Senator. passed the gavel back and forth be- food will be safer because of the efforts I have always been a big admirer of cause ARLEN and I forged an of Senator DURBIN. I publicly thank one of his signature accomplishments unshakable partnership. him for all of his work on this bill. as Governor, which was passing legisla- That partnership has been grounded f tion creating the 21st Century Scholars in our shared commitment to finding Program. It is a wonderful program. TRIBUTE TO RETIRING SENATORS cures for diseases ranging from cancer Thanks to his initiative, every child in to heart disease to Alzheimer’s and in EVAN BAYH Indiana who is eligible for the free our determination to maintain the Na- Mr. HARKIN. Mr. President, time lunch program in public schools, who tional Institutes of Health as the jewel and time I have come to the floor to graduates from high school, and signs a in the crown of international bio- give a few remarks about Senators who pledge not to experiment with illegal medical research. Our proudest accom- are retiring and leaving the Senate. drugs is entitled—get this—is entitled plishment was our collaboration in They all contributed in their unique to a full tuition scholarship at the In- doubling funding for the National In- way one way or the other to the Sen- diana public university of his or her stitutes of Health over a 5-year period, ate. Now I find myself with two left choice. between 1998 and 2003. Last year, we about whom I want to comment on Over the years, many thousands of again collaborated in securing $10 bil- their way out of the Senate. Hoosiers of modest means have been lion for the National Institutes of In the closing days of the 111th Con- able to attend college thanks to this Health in the Recovery Act, although I gress, we are saying goodbye to a num- remarkable law. That is what I call a must be honest and give the senior ber of colleagues, including a veteran great—I hope my friend does not mind Senator from Pennsylvania the lion’s Member, much respected on both sides me saying this—populist, progressive share of credit for that accomplish- of the aisle. I speak of the Senator accomplishment. It speaks volumes ment. from Indiana, Mr. BAYH. about EVAN BAYH’S priorities and val- I say without fear of contradiction I listened with great interest to Sen- ues throughout his 24 years in public that there has been no Member of Con- ator BAYH’s eloquent farewell remarks service. gress in the Senate or the House who

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Human Services Subcommittee, I have diseases such as malaria on African A member of the Judiciary Com- had to remind ARLEN that there were populations. mittee since he joined Congress, Sen- other programs besides the NIH in our Senator FEINGOLD is a great re- ator SPECTER built on his background appropriations bill. In fairness, Senator former, taking the lead on campaign fi- as an attorney and eventually assumed SPECTER has also fought passionately nance reform and on the Army Corps of the chairmanship of the committee. to increase funding for public schools Engineers. His expertise on constitutional issues and to increase access to higher edu- Senator FEINGOLD has been such an has long been admired by his col- cation, but there is no question that incredible champion for human rights, leagues. his great passion, his living legacy has and I am personally grateful for his Senator SPECTER was always a leader been the National Institutes of Health work on women’s rights, particularly on issues relating to our National In- and biomedical research. Today, the his commitment to combating violence stitutes of Health, championing invest- prowess and excellence of the National against women and girls worldwide. ment in scientific research to find life- Institutes of Health is truly a living His passion, expertise, and dedication saving treatments and cures for a legacy to Senator SPECTER, and we to these issues are unmatched and will range of diseases. He understood first- have countless new medical cures and be greatly missed. hand how crucial such funding could therapies because of Senator SPECTER’s BYRON DORGAN be, having fought his own battle with long and determined advocacy. Mr. President, I rise today to pay cancer. When we passed the Recovery Mr. President, I will miss my good tribute to my colleague and friend, Act, it was Senator SPECTER who en- friend and colleague from Pennsyl- Senator BYRON DORGAN. sured that it would include significant vania, who has been a tremendous ally It has been an honor to serve with investments in NIH. His efforts to help for many years. As he departs the Sen- Senator DORGAN since he and I were double NIH’s budget have contributed ate, he can take enormous pride in 30 both elected to the U.S. Senate in 1992. to advances in treatments for Parkin- years of truly distinguished service to Nobody can get to the heart of a mat- son’s, cancer, heart disease and Alz- the people of Pennsylvania and the ter like BYRON DORGAN. He has an un- heimer’s. United States. I wish ARLEN and his believable ability to lay out both chal- I am pleased to have had the oppor- wonderful wife Joan the very best in lenges and solutions with clarity. He is tunity to work closely with Senator the years ahead. a populist in the best sense of the word, SPECTER on the Senate Environment With that, Mr. President, I yield the and our country is better for his serv- and Public Works Committee. He has floor and wish the occupant of the ice in this Chamber. been a thoughtful and constructive chair the best of the holiday season Senator DORGAN has always been a member committed to addressing cli- and a happy New Year. We will see you champion for the people of North Da- mate change and fighting for clean en- when we come back to the next Con- kota, for our workers, and for rural ergy jobs. gress. Americans. For the last 18 years, he Senator SPECTER loves this institu- I yield the floor. has devoted himself to supporting fam- tion, and he will be missed. He has left RUSS FEINGOLD ily farms and promoting economic de- his mark, and I thank him for his dec- Mrs. BOXER. Mr. President, I rise velopment across our country. ades of dedicated public service. today to pay tribute to my colleague Senator DORGAN has been a leader in CHRIS DODD and friend, Senator RUSS FEINGOLD. the Senate in fighting to preserve jobs Mr. President, I would like to ask my I have had the privilege of serving here in America and end tax breaks for colleagues to join me today in recog- with Senator FEINGOLD since he and I companies that ship jobs overseas. No nize the extraordinary leadership and were both elected to the U.S. Senate in one has fought harder for the middle service of our friend, Senator CHRIS 1992. Over the past 18 years, Senator class. DODD. FEINGOLD has been an independent, He used his position as chairman of Senator DODD has served the Senate passionate advocate for his State and the Senate Energy and Water Appro- with grace, intelligence, and compas- his Nation. He was consistently a voice priations Subcommittee to advance sion for three decades. The son of a of conscience in the Senate, never important projects and create jobs, and U.S. Senator, he loves this institution afraid to ask the tough questions or to I will always be thankful for his sup- and has done everything he could to speak out against policies he believed port in our efforts to protect California preserve its best traditions. Senator were flawed. communities from flooding. DODD has always encouraged all of us Over the years, Senator FEINGOLD has As chairman of the Senate Com- to keep our disputes and differences distinguished himself as a leading ex- mittee on Indian Affairs, Senator DOR- from becoming personal. pert on foreign and domestic policy GAN has worked tirelessly to improve He leaves behind an incredible legacy who is willing to work across party health care and economic opportunities of accomplishments that have touched lines to get the job done, whether it for Indians. He has helped streamline the lives of virtually all Americans. was reforming our Nation’s campaign the bureaucracy of the Bureau of In- I will never forget the leadership role finance laws or working to end the dian Affairs. He developed the land- he played in helping to pass health care atrocities committed by Ugandan mark Tribal Law and Order Act, which reform last spring—a fitting tribute to rebels in the Lord’s Resistance Army. helped give tribal justice officials the his close friend Ted Kennedy, whose vi- I have had the privilege of sitting tools they need to protect their com- sion finally became a reality. next to Senator FEINGOLD in the Sen- munities. I was so proud to cosponsor As chairman of the Committee on ate Foreign Relations Committee. I that bill and so pleased that President Banking, Housing, and Urban Affairs, have been proud to witness how, as the Obama signed it into law this year. Senator DODD led the effort to pass chair of the Subcommittee on African He leaves a distinguished legacy and Wall Street reform legislation. He was Affairs, he has led the Senate in recog- will be greatly missed by all of us. a forceful advocate for holding banks nizing and addressing many of Africa’s ARLEN SPECTER accountable for their actions, and we unique issues and challenges. He was Mr. President, I rise to pay tribute to could not have enacted this landmark one of the first to speak out about the our friend and colleague, Senator accomplishment without his leader- genocide in the Darfur region of Sudan. ARLEN SPECTER. ship. He has advocated for an end to the il- Senator SPECTER has spent five terms Senator DODD has devoted his career licit mining of conflict minerals that serving the people of Pennsylvania in public service to making life better

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for our families and our children. I saw She has been a fighter for her State well recall working with Senator DODD this firsthand as we worked together to and her legislative accomplishments as we made the case that there was in- ensure that our children have safe will have a profound impact on the deed a pivotal link between viable wel- places to go after school. As chairman lives of so many children and commu- fare reform and child care—that for of the Senate Afterschool Caucus and nities across our country. families struggling to reduce their de- the founder of the Senate’s first Chil- I want to thank her for her years of pendency on welfare—especially single dren’s Caucus, Senator DODD worked friendship and for her dedicated service parents—unaffordable, unavailable, or hard to expand the Head Start pro- here in the Senate. We will all miss unreliable childcare was the chief bar- gram, to reform the No Child Left Be- her. rier to steady employment, and one hind Act, and to make college more af- CHRISTOPHER DODD that could and should be lessened, if fordable for students and their fami- Ms. SNOWE. Mr. President, I rise not eliminated. lies. today to join my colleagues in paying That is why I was pleased to join In the face of Presidential vetoes, tribute to Senator CHRISTOPHER DODD, with Senator DODD on our amendment Senator DODD dedicated 8 years to en- a longtime public servant and fellow to add $6 billion in child care funding acting the Family and Medical Leave New Englander whose dedication to ad- to welfare reform legislation, espe- Act, which has helped ensure that 50 vancing the common good with com- cially at a time when that funding was million Americans can care for their mon sense, independence, and a gen- very much imperiled. Arriving at a loved ones during difficult times with- uine desire to solve problems has consensus required leaders from both out fearing for their jobs. served both his constituents of Con- parties to jettison their competing and Senator DODD is a fluent Spanish necticut as well as his country for 36 hardened ideologies in favor not just of speaker and has been the Senate’s lead- years. With trust, comity, and a love making dependable childcare more ac- ing expert on Latin America. I have for the institution of the Senate, Sen- cessible, but in support of welfare re- been proud to work closely with him to ator DODD has for more than three dec- form that would effectively move more reform our Nation’s drug certification ades contributed to creating a legisla- Americans from welfare to work. Sen- laws. tive environment where at crucial mo- ator DODD, as colleague after colleague His own years of service in the U.S. ments in the life of the greatest delib- can attest, heeded his own beliefs that Peace Corps inspired Senator DODD to erative body in human history, the ‘‘you don’t begin the debate with bipar- support and promote President Ken- upper Chamber was able to work its tisanship—you arrive there. And you nedy’s call to service in this Chamber. will to the lasting benefit of the Amer- can do so only when determined par- In the Senate, he has helped expand ican people, and we could not be more tisans create consensus.’’ Because he and modernize the Peace Corps and grateful. never lost sight of the primacy of worked to provide loan forgiveness to Indisputably, and as countless col- working across the aisle, we were vic- Peace Corps volunteers, teachers, and leagues have noted, public service has torious in including the funding we others who devote themselves to public always been at the center of Senator sought in the Senate-passed bill. service. DODD’s life—literally, as he is the first That bipartisan effort to garner con- All of us in the Senate will greatly son of Connecticut to follow his father crete results designed to make a dif- miss Senator DODD. into the U.S. Senate, and remarkably, ference in the daily lives of the Amer- BLANCHE LINCOLN for the past 30 years, Senator DODD has ican people was not an isolated in- Mr. President, I rise today to pay had the privilege of sitting at the same stance. Senator DODD and I collabo- tribute to my colleague and friend, desk used by his father, Senator THOM- rated on legislation to support campus- Senator BLANCHE LINCOLN. AS DODD, during his 12 years in the based child care for low income moth- Senator LINCOLN has spent her entire career serving the people of Arkansas, Senate. CHRIS DODD’S longstanding de- ers trying to further their education, and she has been a passionate and ef- votion to the public arena has spanned and we authored legislation to help fective leader for her State. from his three terms in the U.S. states improve training in early child- She has been an inspiration to so House—the last of which I was privi- hood development to make improved many women. Senator LINCOLN made leged to serve with him—to his five child care more available to more peo- history as the first woman to chair the terms in the U.S. Senate. And Senator ple. With innate New England prag- Senate Agriculture, Nutrition, and DODD earned the lasting gratitude of matism and a desire for solutions, Sen- Forestry Committee, and I will never his constituents and admiration of his ator DODD saw impediments to success forget how Senator LINCOLN led by ex- colleagues with his stalwart leadership that were impinging upon a segment of ample, showing us you could be a in foreign policy, his vigorous and un- our society that if only reduced or re- young mom in the Senate, dedicated to wavering battle to enact the Family moved would aid not only families your children, while also being a strong and Medical Leave Act, and his long- striving to improve their lives, but a advocate for your State. standing stewardship of our Nation’s Nation seeking to help stem the tide of She has been a leader in the Senate most precious resource—our children. dependency. on child nutrition and has worked tire- And on this last point, like many in Ultimately, what occupied Senator lessly to pass important legislation, in- this Chamber, I cannot begin to justly DODD’s agenda was the active pursuit cluding the Healthy, Hunger-Free Kids measure the depth and breadth of the of an even better America. We didn’t Act that was just signed into law by legacy Senator DODD has forged in safe- always agree on what that path should President Obama. The measure will guarding the most vulnerable in our so- be, but where we did find common help combat the nationwide epidemic ciety. Consider for example the issue of ground, as in child care, we cultivated of obesity by making sure our school- child care. Time and again, Senator it. That dynamic was at work recently children have access to healthy, nutri- DODD has battled to ensure both the as Senator DODD and I, as the former tious meals. quality of child care in America as well chair and current ranking member of As a cofounder of the Senate Hunger as the funding for it, and as he keenly the Senate Committee on Small Busi- Caucus, Senator LINCOLN has played a and presciently understood, in this ness and Entrepreneurship, collabo- crucial role in shedding light on a prob- matter, our Nation could not have one rated to help the economic engines and lem that affects so many, both at home without the other. catalysts of our economy—America’s and abroad. An undeniable focus of Senator small businesses, the very enterprises Senator LINCOLN was never afraid to DODD’s, child care has unquestionably that will lead us out of recession and stand up for what she believed in. She become one of his crowning achieve- into recovery. showed her tenacity in fighting for ments and legislative hallmarks—and During the consideration of what greater transparency and account- nowhere was his imprint on the issue would become The Dodd-Frank Wall ability in derivatives markets during greater than during the landmark wel- Street Reform and Consumer Protec- the debate over Wall Street reform. fare reform debate in 1995 and 1996. I tion Act, I truly appreciated Senator

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DODD’s perseverance in including a pro- pressive trajectory in public life first- and to ensure that the BRAC Commis- vision I authored allowing small busi- hand. In fact, it was during JUDD’s sion recognized the legendary work- nesses to raise concerns over burden- years in the U.S. House of Representa- ethic and world-class craftsmanship of some regulations through small busi- tives, where my husband, Jock McKer- a workforce that is second to none. ness review panels within the Con- nan, and I first got to know him as well Former Senate majority and minor- sumer Financial Protection Bureau. as his wonderful wife Kathy. And that ity leader, Senator Robert Dole, with Senator DODD and I also worked to re- friendship grew further during JUDD’s whom Senator GREGG and I both duce the regulatory compliance burden time as Governor as both he and Jock served, once observed ‘‘as long as there for small banks by striking a provision were chief executives of their respec- are only 3 to 4 people on the floor, the of the bill which would have required tive States during the same period. country is in good hands. It’s only these lending institutions to report And having served with JUDD for when you have 50 to 60 in the Senate their transactions to the Federal Gov- nearly his entire tenure in the Senate, that you want to be concerned.’’ When ernment down to each individual ATM. I have been proud to work side by side JUDD GREGG was on the floor the peo- This kind of rapport was emblematic with an individual whose organizing ple of New Hampshire and, indeed, the of how Senator DODD viewed good gov- principle behind public service has al- Nation knew that our country was in ernance. In his valedictory address on ways been driven by common sense, tremendously capable and conscien- the floor of the Senate, he observed pragmatism, and the imperative to tious hands, and we could not be more that ‘‘in my three decades here, I can- forge solutions across the aisle. Time grateful! In thanking Senator GREGG for his not recall a single Senate colleague and again, JUDD has sought to bridge immeasurable contributions to this with whom I could not work.’’ Indeed, the political divide to garner results, storied chamber, I know I join all of Senator DODD always saw adversaries whether by tackling our Nation’s fiscal my colleagues in wishing him and his as potential allies—and foes as unwon challenges, promoting land conserva- beloved wife Kathy, Godspeed, as they friends. tion, or most notably, co-authoring the embark on the well-earned, next chap- From the days of his youth, Senator No Child Left Behind Act of 2001 with ter of their lives. DODD grew up steeped in the tradition the late Senator Edward Kennedy. GEORGE VOINOVICH of and respect for the Senate—and an Indeed, Senator GREGG’s rigorous in- abiding admiration for this venerable tellect, financial acumen, and budg- Mr. President, I rise today to join in institution that runs at its own pace etary expertise have earned him the re- paying tribute to my longtime good friend and colleague, Senator GEORGE and by its own rules. Instead of exhib- spect and admiration of his Senate col- VOINOVICH of Ohio. In the U.S. Con- iting rancor and a burning desire to leagues from both parties and made stitution, our Founding Fathers made win at all costs, Senator DODD sought him one of the Nation’s most well-re- it clear that there is no one clear path, instead to build relationships and by garded, leading champions of fiscal dis- background, or station in life that doing so, strengthened his capacity for cipline and accountability, and one of leads to serving in the U.S. Senate. legislating and contributed mightily to the most knowledgeable voices and au- There is an age requirement and a resi- the advancement of this esteemed thorities in addressing our Nation’s dency stipulation and no more. That Chamber. Legendary American poet deficits and debt. said, if ever there were a job descrip- and son of Maine, Henry Wadsworth In fact, the bipartisan National Com- tion for being a Senator, it occurs to Longfellow, once wrote that ‘‘if you mission on Fiscal Responsibility and me that a model example we should would hit the mark, you must aim a Reform, created by President Obama, consider is that of Senator GEORGE little above it.’’ CHRIS DODD has always is modeled after legislation first intro- VOINOVICH. duced by Senator GREGG, the former aimed high—and met his target—leav- Senator VOINOVICH’s depth and ing a legacy of enormous accomplish- chair and current ranking member of breadth of wisdom, knowledge, and ex- ment to his constituents in Con- the Senate Budget Committee, and the perience about making government necticut and to the American people. current Chair, Senator KENT CONRAD of work at all levels which he has har- In closing, let me just extend my per- North Dakota—both of whom are com- nessed throughout his sterling, four sonal appreciation to his wife Jackie missioners. What a fitting coda for one decade trajectory in public life recall and their daughters Grace and Chris- of this generation’s stalwart guardians what James Madison wrote in The Fed- tina for sharing CHRISTOPHER DODD of our Nation’s budget. eralist, No. 62 in advocating for a high- with us And Senator GREGG’s service could er age requirement for Senators than JUDD GREGG not be more emblematic of his overall members of the House. Madison postu- Mr. President, I rise today to join my approach to public service which has lated that the deliberative disposition colleagues in paying a well-earned trib- always hewed to principle with a gen- of the Senate required a ‘‘greater ex- ute to Senator JUDD GREGG, a fellow uine desire to forge solutions across tent of information and stability of New Englander and one of New Hamp- the aisle. No wonder that earlier this character.’’ I don’t think it’s too far of shire’s much-admired icons of public month, Washington Post columnist a stretch to say that James Madison service over the last three decades. Ruth Marcus wrote that in ‘‘both par- must have had a Senator like GEORGE Senator GREGG has been immersed in ties, there are too few GREGGs, and too VOINOVICH in mind when making this public service his entire life, beginning many of them . . . are leaving public case. with his father’s election as Governor office.’’ I couldn’t agree more! Before Senator VOINOVICH even of New Hampshire in 1952 when JUDD Just as Senator GREGG has rightly stepped onto the floor of the U.S. Sen- was only 5 years old. And through the earned national acclaim as a fiscal ate he had already been Governor of years, he has amassed a record of lead- steward and sentinel on behalf of the Ohio, mayor of Cleveland, Lieutenant ership at every level of government American taxpayer, the heart of his Governor of Ohio, county commis- that is truly remarkable. It comes as leadership has always remained with sioner, auditor, and a member of the no surprise that JUDD is the first public his beloved Granite State as well as Ohio House of Representatives. With a servant from the Granite State ever to our region of New England. I well re- wealth of insights to draw upon realize the political trifecta of being call the ironclad solidarity our two del- through many years of public service, elected to the three offices of Congress- egations have shared, particularly in GEORGE has always been a force with man, Governor, and Senator. Serving defending against efforts to close the whom to be reckoned, someone whose others goes to the very core of JUDD Portsmouth Naval Shipyard. Through viewpoint and counsel are sought, and GREGG’s persona and DNA. It always each of the five Base Realignment and whose example is worthy of being emu- has and always will. Closure, BRAC, rounds from 1988 lated many, many times over. And let me just say, at every step through 2005, we have left no stone My husband Jock, former Governor along the way, it has been a privilege unturned to champion the cause of the of Maine, and I first got to know Sen- for me to witness Senator GREGG’s im- U.S. Navy’s oldest and best shipyard— ator VOINOVICH and his wonderful wife

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As a proud Greek-American than her great State’s cherished motto, capital of Columbus, GEORGE was build- whose parents emigrated from Greece, it was an organizing principle and a ing on his enormous success as Mayor I see in GEORGE the same stalwart clarion call which inspired her to serve. of Cleveland where he inherited a stag- work ethic so prevalent in my own The youngest woman ever elected to nant economy, rejuvenated it through roots and culture growing up in Maine. the Senate and the first woman to fiscal discipline and acumen and pub- Senator VOINOVICH once said that serve as chairman of the Senate Agri- lic-private partnerships, and forged a ‘‘doing a good job at running your gov- culture, Nutrition, and Forestry Com- three-time All-America City winner in ernment is the best politics,’’ and that mittee in its 184 years of existence, the 1980s. ‘‘people just want you to get the job Senator LINCOLN was making her mark GEORGE made similar, remarkable done.’’ But for him, these weren’t plati- from the first time she entered the au- strides as Governor, where, under his tudes worthy of a government class, gust Chamber of the U.S. Senate. From watch, unemployment hit a 25-year low they have been truly organizing tenets the beginning, she stood upon the and 600,000 new jobs were created. that have shaped a distinguished 40– mightiest of shoulders, Arkansas’s leg- Many accolades were bestowed upon year tenure of serving the common endary Hattie Caraway, the first GEORGE for his accomplishments at the good for Ohioans and the Nation. woman to win a statewide U.S. Senate State level, and they were all well- In the Senate, when others refused to race in Arkansas and the first woman earned to say the least. In fact, he is reach across the aisle, Senator VOINO- to chair a U.S. Senate committee. How still the only individual to serve as VICH understood that doing so made the fitting it is that Senator LINCOLN paid both chairman of the National Gov- system work, especially for those who homage to her predecessor by using the ernors Association and president of the elected us in the first place—the Amer- same desk on the Senate floor that National League of Cities. ican people. When political Senator Caraway used 60 years ago. There are many laudatory character- scorekeeping and posturing have ruled I was privileged to work with Sen- ator LINCOLN for her entire time and izations of Senator VOINOVICH that the day, Senator VOINOVICH has man- have already been expressed by my col- aged to transcend the short-term ef- mine as well on the venerable Senate Finance Committee where we were kin- leagues, and there are certainly some forts to jockey for position in favor of dred spirits and compatriots from day that come to mind, especially as a immersing himself in the substance of one. In fact, our very first year on the highly regarded U.S. Senator— the policy with the intention of cham- committee we forged an historic, bipar- thoughtful, independent, principled, pioning it or opposing it based on the tisan alliance to make the childcare rigorous, courageous, and pragmatic. facts, not political sway or the temper tax credit refundable for the first time With GEORGE, you always knew where of the times. The legacy of GEORGE’s ever, and the bond we formed during he stood on an issue and frankly where clear voice of reason and brave vision that undertaking only increased as we you stood with him. In an institution in this body will extend into the next shepherded other dependent care issues whose very foundation is built upon Congress and for Congresses to come. through the years to help give families My only regret is that the Senate could trust and forging relationships, GEORGE the resources to be stronger and find use more GEORGE VOINOVICHs, not was someone you could count on time empowerment through work. fewer. and time again. Senator LINCOLN and I, as the former And to say that Senator VOINOVICH For all of his dedicated public service chair and current ranking member of was a workhorse in this Chamber from to his Buckeye State and this great the Senate Committee on Small Busi- day one is an understatement to be land, undoubtedly, GEORGE will tell ness and Entrepreneurship, also joined sure. His word is as good as gold—and you that his greatest achievement is forces on the Small Business Health as they say, you can take it to the his marriage of 39 years to his beloved Options Program, or the so-called bank. If he shook your hand on a deal, wife Janet, their three children, and SHOP Act, to increase the number of that was all that was required. The eight grandchildren. I wish them all insurers available to small businesses, fact is, they don’t make enough legisla- the best. so that these engines of our economy tors or public servants like Senator BLANCHE LINCOLN could benefit from greater competi- VOINOVICH anymore. Like the Ohio Mr. President, I rise today to join my tion. On issue after issue, I valued our State flag, the only one in the U.S. not colleagues in paying tribute to Senator collaborations, our mutual respect, and shaped like a rectangle, GEORGE has BLANCHE LINCOLN, one of the finest our common desire to achieve results been and will always be . . . one of a public servants I have had the pleasure and jettison the partisan bickering kind. not only to know, but to work with that impedes not only progress, but our I can tell this Chamber from first- during our one term in the U.S. House obligation to do the will of the Amer- hand experience, there was no one you together and her distinguished 11-year ican people. would rather be in the trenches with in tenure in the Senate. Central to that collegiality has been the Senate, especially when the stakes A seventh-generation Arkansan, Sen- our great tradition as women in the were high, than GEORGE. I will never ator LINCOLN has always been firmly Senate of getting together once a forget—and I know GEORGE won’t ei- rooted in the values and the people of month for dinner, and there is no ques- ther—how we stood side by side as her great State. Their concerns have tion that Senator LINCOLN’s absence stewards of fiscal accountability dur- been her battles—their hopes have been will be keenly felt. Appropriately, we ing the tax cut debate in 2003. We were her cause. Her State’s bedrock values described one of our dinners in the pro- certain that reducing taxes and hewing of family and faith have always been at logue to the book we labored on to- to our budget concerns did not have to the center of BLANCHE’s life as a daugh- gether in the 1990s, entitled ‘‘Nine and be mutually exclusive—that we could ter, wife, mother, church member, and Counting,’’ to demonstrate the champion billions in tax cuts without Congresswoman. She has always been progress women had made in the upper jeopardizing our Nation’s fiscal future as authentic as they come, warm as she Chamber. In it, BLANCHE is described as by proposing offsets. is determined, gracious as she is reso- ‘‘ebullient, energetic, and unpre- The fact is, once Senator VOINOVICH lute, and Arkansans wouldn’t have it tentious—she is the picture of rep- determined to chart a particular any other way. resentative government.’’ That is the course, he was not easily dissuaded— BLANCHE understood the inherent BLANCHE LINCOLN I know and the and rightfully earned a reputation for human element and dimensions of pub- BLANCHE LINCOLN I will miss. being tireless and relentless in his pur- lic service as well as anyone—that you Like all of the women I have had the suits. His moral fiber, character, and pursued elective office not for personal honor of serving with on both sides of

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the aisle, BLANCHE has been a bulwark way in the Russell Senate Building. So promise and consensus to forge solu- against the all-too-prevalent dynamic I will profoundly miss seeing him not tions, not fewer. confronting the American political sys- only in the Senate, but also simply I have long argued that the legisla- tem—the ongoing erosion of bipartisan- walking down the hall outside my of- tive stalemate and political quagmire ship, cooperation, and civility. She has fice. that has gripped much of this Congress helped bridge the partisan divide as Throughout his storied career, Sen- has been to the detriment of our coun- much as anyone, and has acted time ator BAYH has reached across the aisle try—especially at a time when our Na- and again as a catalyst for cultivating to find consensus on legislation to ad- tion faces a number of challenges, not common ground in order to advance vance both Indiana and the Nation. the least of which is a struggling econ- the common good. From focusing on job growth and fight- omy that has caused far too many The Arkansas State flag contains di- ing for America’s small businesses to Americans to lose their jobs and their amond shapes in its center as Arkansas national security and trade, EVAN has paychecks. In February, Senator BAYH is the only State where diamonds have been a leader whose achievements wrote an op-ed for the New York Times been discovered. It has been the pin- truly leave an indelible mark. in which he said, ‘‘The most ideologi- nacle of generosity for Arkansans to Indeed, I was pleased to work with cally devoted elements in both parties share one of their gems here in our Na- Senator BAYH on legislation in 2007 must accept that not every com- tion’s Capital in the form of Senator that linked the troop surge in Iraq to promise is a sign of betrayal or an indi- BLANCHE LINCOLN. We also thank her meaningful consequences and cation of moral lassitude. When too husband Dr. Steve Lincoln and their telegraphed to the Iraqi Government many of our citizens take an all-or- twin boys, Reece and Bennett, for that they had to meet the benchmarks nothing approach, we should not be doing the same. they themselves had set. And just this surprised when nothing is the result.’’ I EVAN BAYH year, Senator BAYH and I worked with could not agree more—and Senator Mr. President, today I wish to join in a number of our colleagues in the Sen- BAYH’s advocacy of moderation and paying a well-deserved tribute to my ate to crack down on unfair currency reason in this body will truly be good friend and colleague, Senator manipulations in China—ensuring our missed. EVAN BAYH of Indiana. When it comes government is equipped with the tools President Theodore Roosevelt once to reflecting on his tremendous experi- to adequately address inequities and said that ‘‘far and away the best prize ence and influence in this esteemed provide consequences for countries that life has to offer is the chance to Chamber for the past 12 years, the sim- that violate our global trade rules by work hard at work worth doing.’’ Well, ple truth is that our Nation and our holding down the value of their cur- if ever there were a Senator who epito- government would be exponentially rency. mizes that sentiment, it is Senator improved by having more like EVAN Earlier, in 2001, Senator BAYH and I BAYH as he has given his very best to BAYH serving in the United States Sen- introduced a bipartisan resolution in make an already great Nation greater ate. the Senate, as well as a subsequent still. I wish EVAN, his wife, Susan, and A proud native of the Hoosier State— amendment on the Senate floor, to en- their two sons, Beau and Nick, all the as well as a son of the legendary former sure that decisions on the use of the best for the future. Senator Birch Bayh—Senator EVAN budget surpluses that were projected at JUDD GREGG BAYH is a man of unwavering principle the time—whether for tax cuts or for Mr. COCHRAN. Mr. President, it has and conviction, who has been a stal- spending—should be linked to the sur- been a great pleasure and honor to wart legislator and unparalleled guard- pluses actually realized. Simply put, serve in this body with JUDD GREGG. He ian of the first branch of government the idea, based on a proposal first out- and his wife Kathy have enriched our over his two terms serving the people lined by then-Federal Reserve Chair- lives with their friendship and their of Indiana. Born in Shirkieville, edu- man Alan Greenspan, was that long- contributions to the work and respon- cated at Indiana University, and a term tax and spending plans should in- sibilities of the U.S. Senate. graduate of the University of Virginia clude a kind of ‘‘trigger’’ mechanism JUDD’s leadership on the Budget and Law School, Senator BAYH went on to that limits the surplus-reducing im- Appropriations Committees have been clerk for a Federal court judge, eventu- pact of those proposals if budget tar- especially important and worthy of ally being elected as Indiana’s sec- gets weren’t achieved, such as specific high praise. retary of state in 1986. levels of debt reduction. His sense of humor has helped make Yet even before Senator BAYH We believed such a trigger would pro- our service in the Senate an enjoyable stepped onto the floor of the United vide a strong incentive for Congress to experience. States Senate he had already served act responsibly in the future allocation I wish for him and his family all the two terms as Governor of Indiana, be- of any surpluses, while also serving as best in the years ahead. ginning in 1988. In fact, that is where I a ‘‘backstop’’ should estimates prove SAM BROWNBACK first got to know him as both he and too optimistic. As I said at the time, Mr. ROBERTS. Mr. President, I rise my husband, John McKernan, were we should have been utilizing those today to honor the service of my friend chief executives of their respective surpluses as a window of opportunity and colleague SAM BROWNBACK. SAM States during much of that same pe- to address our most pressing domestic was elected to the House of Represent- riod. The depth and breadth of EVAN’s issues, such as strengthening Social atives in 1994 during the Republican insight and experience that was forged Security and Medicare. And frankly, Revolution and was subsequently elect- during his years as Governor would be- how prescient that trigger mechanism ed to the Senate 2 years later when come truly indispensable as a United proved to be—just imagine where we former majority leader Bob Dole made States Senator. might be today if it had passed nearly his bid for the White House. Having served side-by-side with EVAN 10 years ago. It has been both a privilege and a for his entire tenure—including this In multiple facets, Senator BAYH has pleasure serving alongside SAM during Congress as fellow members of the Sen- been an esteemed colleague and friend these past 16 years. All of us who seek ate Select Committee on Intelligence in our mutual cause to revitalize and public service want to make a dif- and the Senate Committee on Small advance the political center—in our ference, and most certainly, SAM Business and Entrepreneurship, where I concerted effort to answer the chal- BROWNBACK has done that. In these en- serve as ranking member—I can attest lenges facing our Nation by producing deavors I have enjoyed working with firsthand to his intellect, independ- results, not rancor, and accord instead SAM in achieving some note worthy ac- ence, and integrity that will truly of acrimony. His departure not only di- complishments for our State of Kansas. leave an indelible mark on this institu- minishes the Senate, but is also a loss As I reflect upon our mutual efforts, it tion and this Nation. EVAN has also for the country—because we require is hard to figure out who was driving been a next-door neighbor in my hall- more voices seeking to craft com- the stage and who was riding shotgun.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23511 Simply put, it has been a team effort, the protection of victims of human look forward to continued cooperation and I have been both humbled and trafficking than SAM. In 2000, he helped and success. The people of Kansas are proud to work with my colleague who enact the Trafficking Victims Protec- in good hands. God bless. has provided unique and respected lead- tion Act. This law created criminal ARLEN SPECTER ership. SAM’s record speaks for itself: punishments for individuals caught in Mr. CASEY. Mr. President, when I bringing the Big Red One back home to the United States operating as traf- came to the Senate in 2007 as a Sen- Fort Riley, KS, where it started and fickers. It established an annual re- ator-elect, one of the first things I did now belongs; bringing the National porting mechanism to help track indi- was to go see Senator SPECTER. He Bio- and Agro-Defense Facility, NBAF, viduals engaged in sex trafficking and asked me at the time to go to lunch, to Manhattan, KS; ensuring fair treat- created a new immigration status for and from the moment that I arrived in ment of the general aviation industry victims of sex trafficking. the Senate, he made it very clear to in FAA bills; and working together to Lastly, I believe SAM’s prominence me, not only did the people of Pennsyl- rebuild Greensburg, KS, after 95 per- during his time in the Senate had a vania expect, but he expected as well cent of the community was literally great deal to do with his willingness to that we work together. From the be- blown away by an EF5 tornado. work across party lines on issues where ginning of his service here in the But beyond our work together on he could seek and find common passion United States Senate, way back when State specific issues, it is SAM’s Fed- and ground. he was elected in 1980, all the way up to eral legislative initiatives that I think The legislative item I think will the present moment, he has been a will have the longest impact on the leave the largest impact on many of us Senator who has focused on building Senate and the lives of so many people, in the Senate is the bill upon which he bipartisan relationships and, of course, pot only within Kansas and our Nation worked tirelessly with the late Senator focusing on Pennsylvania priorities. but, indeed, around the world. Ted Kennedy. I have been honored to have worked Since the late 1970s, the term ‘‘com- Signed into law by President Bush, with him on so many Pennsylvania pri- passionate conservative’’ has been the Prenatally and Postnatally Diag- orities, whether it was veterans or tossed around quite a bit to describe a nosed Conditions Act provides those workers, whether it was dairy farmers philosophy—a philosophy that states families with children diagnosed with or the economy of Pennsylvania, or by applying conservative ideals, our Down Syndrome the support services whether it was our soldiers, or our chil- government can best improve the wel- and networks they need to help them dren, or our families. He has been a fare of our society. I think many of my deal with the unique challenges they champion for our state, and he has colleagues would agree that if anyone face. Put another way, what better leg- shown younger Senators the way to in public service over the past 30 years islation to help protect the lives of work together in the interest of our embodies this philosophy, it would be those in our Nation uniquely chal- state and our country. That bipartisan- SAM BROWNBACK. lenged but who deserve every right to ship wasn’t just a sentiment. He is a What is unique about SAM and his ap- the same opportunities we all enjoy ev- legislator who sought compromise that proach to politics these past 16 years is eryday. led to results in a Senate often divided that his ideas went beyond words and I could easily and proudly recount by partisanship. rhetoric. The SAM BROWNBACK ap- many more of SAM’s achievements dur- His record is long, so I will only high- proach was simple but effective. He ap- ing his time in the Senate, but I would light a few areas. plied his beliefs to action, reflected by He helped to lead the effort to dra- do so in danger of SAM saying the many legislative accomplishments ‘‘enough’’ and giving me ‘‘the hook.’’ I matically increase funding for the Na- he championed during his tenure in the have often said that the high road of tional Institutes of Health, that great Senate. generator of discoveries that cure dis- humility is not often bothered by SAM is a big believer in forgiveness eases and create jobs and hope for peo- heavy traffic in Washington, but in and second chances. How to put that ple often without hope because of a dis- SAM BROWNBACK, we have indeed en- belief into action? SAM introduced a ease or a malady of one kind or an- joyed the friendship of a humble man. bill that really shows his heart for other. In closing, I leave my colleagues with those in society who many times are His experience working on a farm as one of Senator BROWNBACK’s favorite not given an opportunity to make a boy, Kansas not in Pennsylvania, amends: the Second Chance Act. quotes that I think sums up the man helped him to understand and work on Signed into law during the Bush ad- that SAM is and the love he has for all problems affecting Pennsylvania agri- ministration, this act created a grant people, regardless of their nationality culture and farm families. program for State and local govern- or place in society. He stood up for Pennsylvania indus- ments to fund job training and family SAM likes to say: ‘‘ I am pro-life and try and workers against subsidized or mentoring programs to help re- whole-life. Applying this belief to the dumped products that hurt Pennsylva- integrate past offenders as they are child in the womb and to the child in nia’s steel industry. granted release back into society. Darfur. It includes the man in prison He fought to bring Federal funding But SAM’s legislative victories did and the woman in poverty. It does not back to Pennsylvania to create jobs, not focus solely on domestic issues. fail to cherish the child with Down build infrastructure and invest in local SAM has a great love for the continent syndrome or stand for the inherent dig- communities. of Africa. nity of the immigrant.’’ No Senator in the history of the Serving on the Senate Foreign Rela- SAM, I remember the first campaign Commonwealth has served longer than tions Committee, he traveled to Africa rally we attended together. The fea- Senator SPECTER. In fact, the Senator on multiple occasions to gain a better tured guest speaker, Senator Phil that he outdistanced in a sense, in understanding of how he could help Gramm of Texas, introduced me as one terms of service, was only elected by provide relief to those most vulnerable. who made significant changes in the the people twice after several terms His experiences led him to champion House of Representatives and then in- elected by the state legislature. Sen- the Darfur Peace and Accountability troduced SAM as: ‘‘One who not only ator SPECTER was elected by the people Act of 2006. Enacted that same year, wants to change things, but to make of Pennsylvania five times, but it is this law created sanctions against indi- the right changes.’’ the life in those Senate years, the con- viduals and groups responsible for the SAM, you have done just that and it tribution to our Commonwealth and terrible crime of genocide in Darfur, has been an honor to serve with you our country in those 30 years that real- while establishing measures to protect over these past 16 years. I thank you ly matter. His impact will be felt for civilians and humanitarian efforts for your courtesy, cooperation, leader- generations, not just decades, but for within the borders of Sudan. ship, example and your friendship and generations. The more SAM did, the more he felt support. As you head west, my friend, There was a history book of our called to do, and no one did more for to lead our beloved State of Kansas, I State that came out in the year 2002. It

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23512 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 was a series of stories, essays and chap- left an indelible mark on the Senate, District of Kentucky, where he served ters on the history of Pennsylvania, and I wish them well as they take on for 12 years before being elected to the and it is a fascinating review of the new challenges and opportunities into U.S. Senate in 1998. State’s history. The foreword of that the future. During JIM’s tenure in Congress, he publication, that book, was written by I would like to speak briefly about a has established himself as an expert Brent D. Glass, at the time the execu- few of the Senators I knew best and and defender of social security, fight- tive director of the Pennsylvania His- served with in committees to recognize ing hard to protect social security for torical Museum Commission. He wrote their contributions and accomplish- current and future generations. this in March 2002. It is a long foreword ments and share my fond memories of His hard work and devotion will be which I won’t read, but he wrote in the them and the legacies they will leave missed by the people of Kentucky, early part of this foreword the fol- behind. whom I know are grateful for his many lowing, ‘‘One way to understand the BOB BENNETT years of service. meaning of Pennsylvania’s past is to For nearly two decades, Senator BOB KIT BOND examine certain places around the BENNETT has honorably served the peo- KIT BOND has a long and distin- state that are recognized for their sig- ple of Utah. guished history of service to the people nificance to the entire nation.’’ Then His career in the U.S. Senate has of Missouri. As one of the longest serv- he lists and describes in detail signifi- been marked by his commonsense solu- ing Members in the U.S. Senate and a cant places in Pennsylvania that have tions to many of the most pressing former two-term Governor, his life’s a connection to our history, whether issues facing our country. work has been dedicated to the State of it’s the Liberty Bell or the battlefield Before serving in the Senate, BOB was Missouri. at Gettysburg, whether it’s the farms a successful entrepreneur as the CEO of In the Senate, KIT has been a re- in our Amish communities or whether Franklin International Institute. spected leader on many issues, such as it’s some other place of historic signifi- Under BENNETT’S leadership, the busi- national security, transportation, and cance. ness grew from 4 employees to more global economic competiveness. While I have no doubt whatsoever that if than 1,000 and was listed on the New serving as the vice chairman on the the same history were recounted about York Stock Exchange. Senate Select Intelligence Committee, BOB brought his past experiences run- the people of Pennsylvania, the people he has worked hard to strengthen na- ning a successful company with him to who moved Pennsylvania forward, the tional security through supporting the the Senate. His business sense was cer- people who in addition to moving our U.S. military and reforming the Na- tainly an asset that informed his deci- State forward had an impact on the tion’s intelligence community. And as sions as a U.S. Senator and made him Nation; if we had to make a list of the leader of the Senate National an effective advocate for businesses, Guard Caucus, no one has done more to Pennsylvanians who made such con- large and small, who keep our economy support the role of the National Guard tributions; whether it would be Wil- strong. Being a former businessowner in our defense. liam Penn, Benjamin Franklin, you myself, I valued his pragmatic perspec- KIT and I have worked on many can fill in the blanks from there, I have tive and ability to get things done. issues together during our time in the no doubt that that list would include As a senior member of the Senate Senate. In particular, last year when Senator ARLEN SPECTER, a son of Kan- Banking Committee and a member of Democratic lawmakers tried to push sas who made Pennsylvania his home, the distinguished Joint Economic Com- cap-and-trade bills through Congress, a son of Kansas who fought every day mittee, BOB has been a leader in many KIT and I released the report, ‘‘Climate for the people of Pennsylvania. national economic policy decisions. Change Legislation: A $3.6 Trillion Gas So it is the work and the achieve- In addition, while serving as the Tax.’’ ments and the passion and the results ranking republican on the Senate Ap- Our joint report revealed how cli- in those years in the Senate that will propriations Subcommittee on Energy mate legislation would result in a mas- put him on a very short list of those and Water, he has worked to address sive new national gas tax on American who contributed so much to our Com- the critical funding needs our country families, farmers, workers and truck- monwealth that we love and to our faces on a wide range of energy and ers—by increasing the price of gaso- country that we cherish. water related issues. line, diesel, and jet fuel. So for all that and for so many other I am proud to have served with BOB It has been my pleasure to serve with reasons, I, as a resident of Pennsyl- for so many years, and his leadership Senator BOND. His office has been next vania and a citizen of the United and kind manner will be sorely missed to mine for 12 years and it will not be States, but as a Senator, want to ex- in the Senate. the same without that familiar cigar press my gratitude to Senator ARLEN JIM BUNNING aroma lingering in the second floor SPECTER for his 30 years of service, but I wish Senator JIM BUNNING well as halls of Russell. Without a doubt, he especially for what those 30 years he departs the Senate. Much of his leg- will be missed by his colleagues in the meant to the people of Pennsylvania. acy can be defined by his competitive Senate and his constituents in Mis- Thank you, Senator SPECTER. spirit and strong work ethic. These at- souri. Mrs. HUTCHISON. Mr. President, I tributes have been evident throughout SAM BROWNBACK would like to take a few minutes to his many successes in life, first in his While Senator SAM BROWNBACK will pay tribute to the 16 Senators who will career as a Hall of Fame baseball play- certainly be missed by the Senate, the be departing this body at the end of the er and then later as a public servant, people of Kansas will continue to ben- year. representing the people of Kentucky. efit from his leadership, as he serves as I am grateful for the opportunity I Being an avid sports fan myself, I hold their newly-elected Governor. have had to serve alongside each of deep admiration for those who can play Prior to being elected to public of- these Senators as colleagues and as at the highest levels of competitive fice, SAM’s professional experiences in- friends. All served their States with sports and later bring that drive to the clude working as a radio broadcaster, distinction and gave their constituents Senate! attorney, teacher, and administrator. strong voices in the world’s greatest Following his highly successful pro- From these varied professional expe- deliberative body. Senators EVAN fessional baseball career for 17 years, riences he brought with him a unique BAYH, ROBERT BENNETT, KIT BOND, SAM JIM decided he wanted to give back to and dynamic perspective to the U.S. BROWNBACK, JIM BUNNING, Roland his community. In 1977, he ran for city Senate. Burris, CHRIS DODD, BYRON DORGAN, council and then later ran for the Ken- Through his leadership as the rank- RUSS FEINGOLD, Carte Goodwin, JUDD tucky State Senate eventually becom- ing member on the Joint Economic GREGG, TED KAUFMAN, GEORGE ing the Republican leader. Committee, ranking member of the Ap- LEMIEUX, BLANCHE LINCOLN, ARLEN In 1986, JIM was elected to the U.S. propriations Subcommittee on Agri- SPECTER, and GEORGE VOINOVICH each House of Representatives for the 4th culture, and ranking member of the

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23513 Energy and Natural Resource Sub- joined together with several of our col- leagues who have collectively given committee on Water and Power, SAM leagues in the Senate to introduce bi- more than 200 years of service to our established himself as a leader on a partisan legislation that reauthorized Nation through their service in the wide range of issues. the Federal Aviation Administration, Senate. These include seven of the Sen- During his tenure in the Senate, he FAA. ate’s most experienced Members. Peo- has supported aviation research and ex- The legislation accelerated the mod- ple like CHRIS DODD and ARLEN SPEC- panded global aviation markets. ernization of the Nation’s air traffic TER who have each served five terms in Through these efforts, he has effec- control, ATC system, addressed critical the Senate. KIT BOND who has served tively spurred economic growth and safety concerns in the national air- four terms and BOB BENNETT, BYRON strengthened the U.S. military. space system, NAS, and improved rural DORGAN, RUSS FEINGOLD, and JUDD Some of SAM’s most distinguishing community access to air service. GREGG, who have each served three characteristics are his personal integ- I appreciated BYRON’s willingness to terms in this Chamber. rity and his commitment to his Catho- champion good ideas put forward by When the 112th Congress convenes in lic faith. These principles came members from either side of the aisle. January, the ranks of women Senators through in much of what he did in the By focusing on issues where consensus will be reduced by one. In fact, the Senate. I will always appreciate his could be achieved, he helped to move 112th Congress will be the first Con- passion and his work to translate his the debate forward on important issues gress in recent memory in which the beliefs into his actions as a U.S. Sen- and solve problems. total number of women Senators will ator. Senator DORGAN leaves the Senate actually decline. And with the depar- I am confident Senator BROWNBACK with my best wishes and respect. ture of our colleague, Roland Burris, there will not be a single African- will continue to serve the people of JUDD GREGG American Senator when the new Con- Kansas with the same character and As a leading voice for fiscal responsi- dedication in his new role as governor. gress convenes. bility, Senator JUDD GREGG will be In January we will feel the loss of the CHRIS DODD deeply missed in the Senate. great pitching ace, JIM BUNNING, and Senator CHRIS DODD departs the Sen- Throughout his long and distin- EVAN BAYH, both respected colleagues ate after nearly three decades faith- guished career, with unparalleled com- on the Energy and Natural Resources fully representing the people of Con- mitment to fiscal discipline, Senator Committee. They are among six of my necticut. GREGG worked to address many press- Energy Committee colleagues who are From his service in the Peace Corps, ing issues. leaving the Senate this year. the U.S. Army National Guard and Re- Senator GREGG is a well known budg- JUDD GREGG, one of our Nation’s fore- serves as well as his many years in the et expert and national leader on the most experts on the Federal budget U.S. Senate, Senator DODD’s commit- most critical issues facing our country leaves us at the end of the year. As this ment to public service and love for his in recent years, notably health care, Senate comes to grips with the chal- country have been evident throughout economic issues, and financial regula- lenges of a rising deficit and economic his life. tion. stagnation we will miss his firm hand CHRIS was a leader in the Senate, His efforts to address the looming en- and thoughtful guidance. My neighbor serving as the chairman of the Bank- titlement crisis, the rising cost of in the Hart Senate Office Building, ing, Housing and Urban Affairs Com- health care, and the inefficient and ARLEN SPECTER, is one of the Senate’s mittee, chairman of the Foreign Rela- complex tax system are commendable most independent voices and perhaps tions Subcommittee on Western Hemi- and serve as an example to all elected the best friend that the National Insti- sphere, Peace Corps, and Narcotics, and officials. tutes of Health, and every American chairman of its Children and Families In the Senate, Senator GREGG has who benefits from its cutting edge re- Subcommittee. also focused his efforts on helping the search, has ever had on Capitol Hill. Although we had our differences on U.S. maintain its position as the lead- BOB BENNETT, one of the most thought- various policy issues, I always appre- ing destination for capital and invest- ful among us, who draws wisdom from ciated his willingness to put partisan- ment in the world. experience as an entrepreneur as well ship aside to reach consensus when pos- I appreciate the job Senator GREGG as in public service, will not be among sible in order to improve legislation. has done in his position as the former us. I learned much from Senator BEN- For instance, earlier this year when chairman and current ranking member NETT during the period that he served working on the financial reform bill, of the Budget Committee. as counselor to the Republican leader despite my public opposition to the leg- In 2006, JUDD sponsored an amend- and I served as vice chair of the Senate islation, CHRIS worked with me to in- ment that strengthened border secu- Republican Conference. corporate my amendments in the final rity by providing resources to inte- I would also like to acknowledge con- version of the bill. I ultimately voted grate biometric databases as well as tributions of KIT BOND, one of the fore- against the bill, but I am grateful for construction of new stations and check most experts on our Nation’s transpor- the efforts he made to include my points and tactical infrastructure for tation and infrastructure needs. I ap- amendments. immigration and customs enforcement. preciate Senator BOND’s interest in un- Today we bid him farewell after 29 Unlike other similar proposals at the derstanding the unique transportation years of tireless service in the U.S. time, his amendment was offset and did and infrastructure challenges that we Senate. not add to the deficit. in Alaska, the largest State in our BYRON DORGAN I will miss working with him in this Union in terms of land mass and one of Today we say goodbye to Senator Chamber, and I will miss his friendship the youngest must contend with. Sen- BYRON DORGAN after 18 years in the and support on the issues that matter ator BOND, like all of us, wears many Senate, serving the State of North Da- most to America. hats in this institution. He has also kota. In conclusion, the departing Sen- earned the undying respect of our Na- First elected to Congress in 1980, ators’ contributions, their dedicated tion’s citizen soldiers through his lead- DORGAN has devoted his career to serv- service, and the issues they cham- ership of the Senate National Guard ing North Dakota and fighting for the pioned will be remembered long after Caucus. interests of rural America. their final days in the Senate. One of CHRIS DODD’S legacies to the After serving six terms in the U.S. I believe I can speak for my fellow Nation is legislation to ensure that the House of Representatives, BYRON was Senators when I say that we will all unique needs of children are addressed elected to the U.S. Senate in 1992. miss our departing friends. in our Nation’s response to cata- I have had the pleasure to serve with Ms. MURKOWSKI. Mr. President, strophic disasters. I was honored to Senator DORGAN on the Senate Com- when the 111th Congress draws to a partner with Senator DODD in helping merce Committee. Last summer, we close, we will bid farewell to 16 col- to pass this legislation.

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RUSS FEINGOLD may have earned his the number of women serving in the set the authorization levels for 2012 place in history for his work on cam- Senate has actually declined. All of the through 2016 at half the levels of that paign finance reform but I will also ap- women of the Senate will miss our dear for 2007 through 2011. The authorizing preciate him for his efforts to ensure friend and highly respected colleague levels were reduced to be more in line that members of the National Guard BLANCHE LINCOLN. BLANCHE LINCOLN with what has been normally appro- and Reserve do not fall through the made history in her own right when priated for the program. The cut in au- cracks when they return home with she became the youngest woman ever thorization levels in no way reflects battlefield injuries. Senator FEINGOLD elected to the Senate at the age of 38. the need for the program and in no way and I teamed on the Wounded Warrior Senator LINCOLN represented the peo- should be interpreted as an indication Transition Act, a portion of which was ple of Arkansas with distinction for that funding levels should be de- included in the National Defense Au- two terms, juggling a demanding ca- creased. thorization Act for Fiscal Year 2010. I reer in public service while raising two Senator VOINOVICH and I would like will continue to pursue the remaining wonderful twin boys Reece and Ben- to thank the President and our col- provisions in the new Congress. nett. She is truly a wonderful colleague leagues for their support of DERA. We SAM BROWNBACK has forever earned a to work with. A centrist who com- are proud that this commonsense ap- place in the heart of our first Ameri- fortably works across the aisle and proach to creating jobs and cleaning up cans for his work on the adoption of a votes her convictions. One of the our Nation’s air will become law. joint resolution apologizing to Amer- kindest people in the Senate. I expect f ican Indians and Alaska Natives for great things of BLANCHE LINCOLN in the CONTINUING RESOLUTION centuries of ill conceived policies car- future and I have every confidence she Mr. REED. Mr. President, I want to ried out by our Federal Government. will deliver on that prediction. He is known around the world as a It has been an honor and a pleasure make a few observations about the con- tinuing resolution and the appropria- champion of religious freedom as well. to serve with each of the people who tions process this year. GEORGE VOINOVICH came to the Sen- will leave this Chamber when we ad- First, I want to commend Chairman ate after a distinguished career that in- journ sine die. Each has made substan- cluded service as Governor of the State INOUYE for his leadership and efforts to tial contributions to their States, to accommodate the views and input of of Ohio and mayor of the city of Cleve- the Nation and to the Senate during all senators in crafting the omnibus ap- land. He has made a substantial con- their time here. propriations bill. He went a long way tribution to the efficient operation of f to meet the demands of the minority our federal government as a leader of leader and other senators to include a the Homeland Security and Govern- DIESEL EMISSIONS REDUCTION $29 billion cut from the budget level re- mental Affairs Committee. I appreciate ACT quested by the President. Indeed, I was his support of the effort that Senator Mr. CARPER. Mr. President, I am deeply disappointed that the proposed AKAKA and I advanced, along with oth- joined by my colleague, Senator VOINO- omnibus would have eliminated the ers, to make locality pay available to VICH, in support of the passage of the Leveraging Educational Assistance Diesel Emissions Reduction Act of 2010, Federal employees in Alaska and Ha- Program, LEAP. For more than a dec- DERA. The folks of Ohio and Delaware waii through the Non-Foreign Act of ade, I worked with states, educators, sent us to Washington to find ideas 2009. and others to reauthorize and fund this I would like to say a few words about that will work, ideas we can all agree program, which uses Federal resources my friend BYRON DORGAN. In 2007, fol- on to make our country even better. to leverage additional state aid to help lowing the sudden and unexpected An idea that works is the Diesel Emis- low income students attend college. As death of our friend and colleague Craig sions Reduction Act or DERA. much as I was dissatisfied by this out- The DERA program is one of the best Thomas, I was elevated to vice chair of come, I was prepared to vote for this actions our government has taken to the Senate Committee on Indian Af- bill because it is far superior to the in- improve air quality and help States fairs. Senator DORGAN was the chair- efficiencies and consequences of a con- man of that committee. Last week and localities meet air quality stand- tinuing resolution. I am disappointed both of us had the honor of addressing ards. First authorized in the Energy that such a significant compromise was the National Congress of American In- Policy Act of 2005, DERA has provided blocked by the other side of the aisle. dians at one of the meetings that pre- funding for the modernization of our Instead, we are being forced to adopt ceded President Obama’s tribal sum- Nation’s old diesel fleet in the United a short-term continuing resolution, mit. Each of us reflected on that fact States through voluntary national and CR, through March 4, 2011. With few ex- that the committee has highly produc- State-level grant and loan programs. ceptions, the CR provides no direction tive during the period we shared the Since its enactment in 2005, DERA has from Congress on how funds can be gavel. During our time together the provided significant public health ben- used, while at the same time failing to committee laid the groundwork for re- efits, improved our national energy se- make critical adjustments and invest- authorization of the Indian Health curity, and helped create jobs. Cur- ments for certain programs and agen- Care Improvement Act, more than a rently, DERA helps clean up more than cies. Critics of the omnibus appropria- decade in the making. We reauthorized 14,000 diesel-powered vehicles and tions bill should understand that un- the Native American Housing Assist- equipment across the country, which like the thoughtful, lengthy, and open ance and Self Determination Act, we has reduced emissions while employing appropriations process that produced pursued a settlement of the Cobell liti- thousands of workers who manufac- the omnibus, this CR was put together gation, and we crafted and introduced ture, sell or repair diesel vehicles and quickly without the input of most sen- the Tribal Law and Order Act, which their components in each State. ators. As a result, it is hardly a President Obama signed into law ear- The Environmental Protection Agen- thoughtful instrument for funding the lier this year. Senator DORGAN has con- cy has estimated that there are still government. sistently championed adequate funding millions of older diesel engines now in I am particularly concerned about for the Indian Health Service and he use and need to be replaced or retro- the impact the CR will have on the ca- has come to the floor on many occa- fitted. To meet this need, the Diesel pabilities of the Securities and Ex- sions to speak to the unacceptable Emissions Reduction Act of 2010 au- change Commission to provide robust rates of suicide among Native youth. I thorizes the continuation of this suc- oversight of financial markets. am pleased to know that he will con- cessful program for 2012 through 2016. Fair and orderly markets are critical tinue this work after he leaves the Sen- It also slightly modifies the program to to restoring confidence in the Amer- ate. It comes from the heart. improve its effectiveness and adminis- ican economy. Despite considerable in- As I noted at the outset, 2011 will be tration. Despite the significant bene- creases in the number of firms it is re- the first year in recent memory that fits and need for DERA, the legislation quired to oversee and tremendous

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Mr. President, today nearly $200 million less than what was grant. The CR will address the short- the Congress stands ready to approve included during bipartisan negotiations fall and ensure that we can maintain S. 3481, a bill to clarify Federal respon- on the omnibus. Without the omnibus’s the Pell grant maximum at $5,550. De- sibility to pay for stormwater pollu- funding level, the SEC will have to halt spite the economic hardships families tion. This legislation, which will soon several technology projects and forgo are facing, they continue to prioritize become law, requires the Federal gov- replacement of departing staff. Short- education. They know that it is the ernment to pay localities for reason- changing the SEC will also make it ex- foundation for our economic recovery able costs associated with the control traordinarily difficult to fulfill new and future prosperity. We must keep and abatement of pollution that is statutory requirements under the our end of the bargain by maintaining originating on its properties. At stake Dodd-Frank Wall Street Reform and our commitment to the Pell grant. is a fundamental issue of equity: pol- Consumer Protection Act. The SEC has I am, however, concerned that the CR luters should be financially responsible been tasked with helping establish an includes a provision to codify a mis- for the pollution that they cause. That effective regulatory system for the pre- guided Bush-era regulation that under- includes the Federal Government. viously unseen and largely unregulated mines our central goal of ensuring that Annually hundreds of thousands of over-the-counter derivatives market students in high poverty schools are pounds of pollutants wash off the hard- and the hedge fund markets. It has new taught by highly qualified teachers and ened surfaces in urban areas and into responsibilities over credit rating that parents know the qualifications of local rivers and streams, threatening agencies, including annual exams. their children’s teachers. Under the No the health of our citizens and causing We should not make the past mistake Child Left Behind Act, enacted in 2002, significant environmental degradation. of underfunding the SEC. This agency a highly qualified teacher must have A one-acre parking lot produces about is critical to restoring the confidence obtained full state certification, which 16 times the volume of runoff that of retirees and investors in the United may include certification obtained comes from a one-acre meadow. These States capital markets, so that they through alternative routes. The Bush pollutants include heavy metals, nitro- will again invest in American compa- administration published regulations gen and phosphorous, oil and grease, nies, helping inject new life into our allowing that a teacher who is merely pesticides, bacteria (including deadly e. economy. We should not be penny-wise enrolled in or making progress toward coli), sediment, toxic chemicals, and and pound-foolish. Continuing to state certification to be deemed highly debris. Indeed, stormwater runoff is the starve the SEC of the funds it needs to qualified. Parents in California have largest source sector for many imper- police markets will ultimately make it challenged the regulation in the courts iled bodies of water across the country. more likely to see a major fraud. Any and have won a favorable decision on According to the Environmental Pro- incremental savings will be cold com- appeal. Quite simply, they want to tection Agency, stormwater pollution fort for the losses incurred by tax- know whether their children’s teachers affects all types of water bodies includ- payers and investors. are fully certified or just in the process ing in order of severity; ocean shore- Likewise, I believe we need to fully of becoming certified. This provision line, estuaries such as the Chesapeake fund the Commodity Futures Trading prevents them from knowing that. Bay, Great Lakes shorelines, lakes and Commission. At a hearing that Senator I am also deeply disappointed that rivers. Degraded aquatic habitats are LEVIN and I held on December 8, 2010, this CR does not contain important found everywhere that stormwater en- Chairman Gensler informed us that his language that would have allowed the ters local waterways. agency is going to be woefully short of Department of Defense to reprogram We added a provision to the bill in resources. The continuing resolution funds for new starts, increases in pro- order to rectify a specific problem in for the CFTC will leave them about duction, or other realignments. This the District of Columbia, where the De- $116 million short of the funding level provision would have given the Depart- partment of Treasury has been paying included in the omnibus. ment further flexibility to ensure crit- some stormwater fees. The provision I hope that we will have chance to ical defense programs stay on schedule simply says that agencies and depart- address these critical shortfalls in the and on cost. This is especially impor- ments should use their annual appro- next funding vehicle to come before the tant for the Navy’s ship construction priated funds to pay for stormwater Senate. programs—programs that the Navy fees. This is exactly what they all do While it is true that overall the 36- supports, were authorized by the De- today in paying for their drinking page CR did not provide sufficient di- fense Authorization Act, and employ water and wastewater bills or any rection and oversight, it is important thousands of Rhode Islanders. other utility bill, for that matter. This to acknowledge that the CR does make Without this provision, the Navy, new language requires that Congress a few adjustments—some that are es- and all of the services, will be further make available, in appropriations acts, sential and others which I believe de- limited and constrained to execute pro- the funds that could be used for this served greater consideration. grams within the funding levels set purpose. It does not mean that the ap- I want to applaud the addition of lan- last year. propriations act would need to state guage in the CR that requires the De- I have described some of the pitfalls specifically or expressly that the funds partment of Health and Human Serv- with this CR. It is a crude instrument could be used to pay these charges. The ices to obligate the same amount of that has many shortcomings. Regret- legislative language doesn’t say that, funding for the Low Income Home En- tably, the decision by our colleagues on and I want to be perfectly clear that ergy Assistance Program as it did dur- the other side of the aisle to walk away such a restrictive reading is not our in- ing the same period last year. This will from the omnibus placed the continued tent. make a total of $3.95 billion available operation of government agencies from I believe that this administration to low-income families and individuals the Pentagon to the FBI to the FDA to recognizes its responsibility to manage during the cold winter months. I hope the Treasury at risk. Adopting the CR, the stormwater pollution that comes that in the final appropriations bill we notwithstanding its significant flaws, off Federal properties. But that respon- will meet the bipartisan request of 44 is the only responsible option avail- sibility needs to translate into pay- Senators to fully fund this program at able. In the coming months, it is my ments to the local governments that

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Street, enacting tough reforms that We passed credit card reform legisla- ACCOMPLISHMENTS OF THE 111TH will curb abuses, shine a light on dark tion to protect consumers from exces- CONGRESS markets and put a new cop on the beat sive fees and deceptive practices. Mrs. BOXER. Mr. President, as we to protect consumers. I was proud to And this month, we enacted a food end this year, I wanted to look back at offer the first amendment, which will safety bill that will help consumers what we have been able to accom- ensure that taxpayers are never again and California’s agriculture industry plish—and look ahead at some of the on the hook to bail out Wall Street. by protecting our Nation’s food supply important priorities we must tackle The 111th Congress was a landmark from outbreaks of foodborne illnesses. next year. Congress for advancing civil rights for I am also pleased that the Airline The 111th Congress has been one of all Americans. Passenger Bill of Rights that I have the most productive in our Nation’s We approved the Lilly Ledbetter Fair championed with Senator OLYMPIA history. Pay Act, to help ensure equal pay for SNOWE is now being implemented by Congressional scholar Norman equal work—regardless of age, race, the Department of Transportation. As Ornstein has said the legislative gender, religion or national origin. It a result, we are already seeing fewer achievements of this session are ‘‘at was the first bill signed into law by long tarmac delays for airline pas- least on par with the 89th Congress’’ of President Obama last year. sengers. 1965–1966, under President Johnson, We passed the Matthew Shepard The 111th Congress has also taken which produced landmark civil rights Local Law Enforcement Hate Crimes great strides to protect public health legislation as well as Medicaid and Prevention Act to strengthen the abil- and our environment. Medicare. ity of law enforcement to investigate We passed legislation protecting We should take a moment to reflect and prosecute hate crimes. The law more than 2 million acres of wilderness on some of those accomplishments. adds gender, sexual orientation, dis- and creating a national system to con- ability and gender identity as pro- After years of unsupervised gambling serve land held by the Bureau of Land tected categories under Federal hate on Wall Street fueled an unsustainable Management. The legislation included housing bubble, we inherited the worst crimes law. Last week, in a historic step, we re- three bills I sponsored designating economic crisis since the Great Depres- pealed the discriminatory don’t ask, 700,000 additional acres of wilderness in sion. We helped bring our economy don’t tell policy that has banned gays California, from the Eastern Sierra Ne- back from the brink by taking bold ac- and lesbians from serving openly in the vada to the San Jacinto Mountains in tion. U.S. military. Back in 1993, I offered an Riverside County. We passed the Economic Recovery amendment on the Senate floor to keep I have been honored to serve as chair- Act, which has created or saved more this unjust policy from being codified man of the Environment and Public than 350,000 jobs in my home State of into law. Now, 17 years later, I am so Works Committee during a period of California alone. proud to witness this incredible victory extraordinary accomplishments. In the We approved the bipartisan HIRE for civil rights, equality and a stronger 111th Congress, the EPW Committee Act—a jobs package that cut taxes for nation. held more than 80 hearings and ap- companies that hire unemployed work- I was also proud to join in confirming proved more than 70 pieces of legisla- ers and extended the highway trust two new Supreme Court Justices— tion. More than 20 EPW bills have gone fund. As chairman of the Senate Envi- Sonia Sotomayor, the first Latina to to President Obama for his signature, ronment and Public Works Committee, serve on the high court, and Elena including legislation to create jobs and I was pleased to help advance this crit- Kagan. When Kagan was sworn in this accelerate economic recovery, to pro- ical measure to protect more than 1 fall, it marked the first time our coun- tect children and families from dan- million jobs nationwide building our try has had three women serving to- gerous chemicals in the environment, roads, bridges and transit systems. gether on the Supreme Court. and to address the dangers of un- We helped small businesses—which We also confirmed some highly quali- checked climate change. are the true engines of our economic fied and historic judicial nominees The committee has played a critical growth—by passing the Small Business from California this Congress—includ- oversight role. While the oil was still Jobs and Credit Act. I was proud to ing Judge Lucy Koh for the Northern gushing into the Gulf of Mexico, we join with Senator JEFF MERKLEY to District of California, Judge Jac- held hearings to demand answers from create the new $30 billion small busi- queline Nguyen for the Central District oil company executives and Adminis- ness lending fund, which will help com- of California, Judge Dolly Gee for the tration officials on the causes and im- munity banks give small businesses the Central District of California, and pacts of the BP Deepwater Horizon oil- credit they need to create hundreds of Judge Kimberly Mueller for the East- spill disaster. As a result, BP provided thousands of new jobs. ern District of California. the committee with previously un- We approved legislation to help save The 111th Congress also took momen- available video records gathered since up to 16,500 teacher jobs in California— tous steps forward in protecting con- the incident. EPW then provided sci- and nearly 160,000 teachers’ jobs na- sumers, children and all our families. entists, the public and the media with tionwide—and paid for it by closing tax We passed a landmark health care re- access to this important underwater loopholes for companies that ship jobs form bill that will extend coverage to 7 video. overseas. million uninsured Californians, help One of our most basic responsibilities We worked across the aisle to give seniors pay for prescription drugs, pro- is to protect children and families from much-needed tax relief to millions of vide tax credits to help small business dangerous toxins in the air they middle-class families and extend unem- owners afford coverage, and ensure breathe and the water they drink. ployment insurance for 2 million out- that insurance companies can no Parents have a right to expect that of-work Americans and 400,000 Califor- longer deny coverage because of pre- their children are safe from environ- nians who would otherwise have lost existing conditions. mental hazards when they are at their benefits this month. And I was We approved legislation to allow the school. But following reports that proud to work with Senator FEINSTEIN Food and Drug Administration to regu- found toxic air pollution levels at

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23517 schools across the country, our over- duces pollution, promotes energy effi- way toward a clean energy future, sight efforts led to additional EPA ciency and creates incentives to speed which is already creating hundreds of monitoring of air pollution at schools the transition to clean, renewable thousands of jobs. in California and in other States. sources of energy. We must continue to put Californians Emissions from ships’ engines are a President Obama has already signed and Americans back to work by re- major cause of persistent air-quality EPW legislation to train building oper- building our road, bridges and transit problems at California’s ports, includ- ators and contractors to improve the systems. ing the Ports of Long Beach and Los energy efficiency of federal facilities, As we look to the 112th Congress, the Angeles, and at other ports around the and our committee passed bills to Environment and Public Works Com- Nation. EPW oversight helped shine a make schools and other public build- mittee will continue to focus on cre- light on the importance of setting ings more energy efficient, and to pro- ating jobs and turning our economy strong safeguards to reduce air pollu- vide incentives for clean energy devel- around through the next surface trans- tion from marine vessels, and earlier opment on abandoned or formerly con- portation authorization and through a this year international authorities offi- taminated sites. In the new Congress, I new Water Resources Development cially designated waters off North plan to continue to work to ensure that Act. American coasts as subject to strong the U.S. Government facilities are And we will continue to shine a spot- international emission standards for models of clean-energy technology and light on the need to ensure the air our ships. energy efficiency families breathe and the water our I was also pleased when the Senate This Congress has also taken action children drink is clean and safe. After passed a bipartisan bill I sponsored to protect our national security and the recent reports that found toxic with my ranking member, Senator support our troops and our veterans. chromium-6 contamination in drinking JAMES INHOFE, to protect people from We just came together in a bipartisan water in California and across the Na- toxic lead in drinking water pipes, pipe fashion to ratify the New START trea- tion, we have planned hearings on fittings and plumbing fixtures. The bill ty, which will help protect the national chromium-6 for early 2012. Senator is now on its way to the President’s security of the United States by ensur- FEINSTEIN and I sent a letter urging the desk. ing there are mutual reductions in nu- EPA to act, and the agency has already I was also pleased to work with Sen- clear weapons and delivery systems, begun to respond by offering assistance ators GEORGE VOINOVICH, TOM CARPER and ensuring that our nuclear inspec- to affected communities. and INHOFE to pass bipartisan legisla- tors are on the ground in Russia. We will also work to ensure commu- tion to strengthen efforts to reduce We enacted tough new sanctions nities that suspect they have a cluster pollution from diesel engines. Diesel against Iran—another bipartisan vote of environmentally caused illness have exhaust contributes to pollution that that sends a clear and resounding mes- access to the federal experts and other threatens the health of millions of peo- sage to Iran that it will pay a heavy resources that can help them get the ple in California and contributes to price for its reckless pursuit of nuclear answers they deserve. asthma, heart disease, cancer and weapons. We must provide incentives for U.S.- other illnesses. We also passed legislation to improve based companies to bring home billions We also enacted legislation to study the way the VA is funded, helping vet- of dollars sitting offshore from foreign the impact of black carbon pollution, erans get timely access to services and sales. Bringing those funds home could and bipartisan legislation to enforce care. And we passed important legisla- be major boost to our economic recov- more protective standards on cancer- tion to compensate the family care- ery from the private sector. causing formaldehyde in wood prod- givers of our severely wounded service ucts. men and women. No one should have to While I was disappointed that our ef- After the Tennessee Valley Author- face financial hardship for choosing to forts to pass the DREAM Act were ity, TVA, coal ash disaster 2 years ago care for a loved one who was wounded blocked, we must continue to work to released more than 1 billion gallons of in war. pass comprehensive immigration re- toxic material, EPW held hearings into As chair of the Senate Military Fam- form. Our broken immigration system the incident and we initiated an inves- ily Caucus, I was pleased to see the tears families apart and hurts our eco- tigation of the dangers of coal combus- Senate approve my legislation to help nomic competitiveness, and we must tion waste. We succeeded in ensuring reimburse military families for the work together to fix it. I will keep that the Obama administration pub- cost of traveling off base to obtain fighting for these young people who are licly released the list of other high- needed specialty medical care. raised in America and I will continue hazard ash sites because families have Senators KIT BOND, JOE LIEBERMAN to work to pass AgJobs. a right to know about dangers to their and I also worked to expand the use of And we cannot rest until other im- communities. veterans centers to active, Guard and portant judicial nominees are con- Making the transition to the clean Reserve U.S. military personnel. firmed, including professor Goodwin energy economy is one of the best ways As a member of the Senate Foreign Liu for the Ninth Circuit Court of Ap- to create millions of jobs and protect Relations Committee, I was proud to peals, Judge Edward Chen for the our children from dangerous pollution, help secure $30 million to help women- Northern District of California, Judge and it will help break our dangerous led nongovernmental organizations in Edward Davila for the Northern Dis- dependence on foreign oil, which costs Afghanistan provide direct services trict of California, and Judge Anthony us a billion dollars a day and threatens such as adult literacy programs, voca- Battaglia for the Southern District of our national security. tional training and health services. California. Thanks in large part to the ground- And I was proud to join Senator BOND While we passed legislation to help work laid by the EPW Committee’s to help secure funding for an additional the 9/11 first responders, now we must vigilant oversight during the 110th eight C–17 aircraft, which are built in finish the work of making sure our Congress, the EPA finally in 2009 Long Beach and are critical to our na- firefighters and public safety workers granted California’s request for a waiv- tional defense. have fair working conditions. er to tackle tailpipe emissions of glob- While we have made significant I will also keep working to pass im- al warming pollution and incorporated progress, there is still more to be done portant bills that we approved in com- the waiver into a landmark agreement to create jobs, get our economy back mittee this year to protect our public that will boost fuel efficiency, save on track, protect consumers and the lands, waterways and ocean resources, consumers money, cut carbon pollu- environment, and make life better for including legislation to help restore tion, and save billions of barrels of oil. all Californians and all Americans. the Chesapeake Bay, the Great Lakes, As chairman, I am committed to con- We must ensure that California and Lake Tahoe, and the San Francisco tinuing to work on legislation that re- other states can continue to lead the Bay.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23518 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 I am grateful to the people of the bat identity theft. I urged the Senate tions to improve data privacy that are California for the opportunity to rep- to consider and pass this important consistent with the approach adopted resent them in the United States Sen- privacy legislation before we adjourn in my bill. ate. I look forward to hearing their for the year. Despite its bipartisan ap- I drafted this bill after long and ideas as we continue our work in the proval by the Judiciary Committee, thoughtful consultation with many of 112th Congress next year. the ranking Republican is objecting the stakeholders on this issue, includ- f and refusing to allow the Senate to ing the privacy, consumer protection, proceed. and business communities. I have also HONORING OUR ARMED FORCES When I first introduced this bill 6 worked closely with other Senators, in- Mr. NELSON of Florida. Mr. Presi- years ago, I had high hopes of bringing cluding Senators FEINSTEIN, HATCH, dent, I pay tribute during this holiday urgently needed data privacy reforms FEINGOLD, SPECTER, and SCHUMER. season to the men and women serving to the American people. I have worked This is a comprehensive bill that not our Nation so nobly across the globe. closely with both Republican and only deals with the need to provide As we mark the 10th year our Nation Democratic Senators since to enact Americans with notice when they have has been engaged in combat, we should this important privacy legislation. Al- been victims of a data breach but that all be reminded of the extraordinary though the Judiciary Committee favor- also deals with the underlying problem sacrifice of our soldiers, sailors, air- ably reported this bill three times—in of lax security to help prevent data men, marines, and coast guardsmen. 2005, 2007, and yet again in 2009—it re- breaches from occurring in the first As we gather with our loved ones, we mains stalled on the Senate Calendar. place. The House of Representatives must not forget those servicemembers While the Senate has waited to act, the has passed comprehensive data privacy who cannot be with their families and dangers to our privacy, economic pros- legislation. The Senate should also friends this holiday season. We honor perity, and national security posed by pass comprehensive data privacy legis- these men and women risk their lives data breaches have not gone away. lation and should have done so this to protect our freedom and way of life. The recently reported cyber attacks Congress. The one constant in this uncertain in response to the WikiLeaks disclo- There has been ample time to resolve time is the heroism of people who so sures are fresh reminders of the urgent any concerns, but still there are those willingly fight for freedom. The need to have national standards to pro- who are refusing to allow the Senate to strength of our Nation is built on their tect the privacy of America’s digital act. We cannot afford to continue to devotion and sacrifice. information. In June, the insurance wait to address this important privacy company WellPoint, Inc., announced issue. The American people are suf- SPECIALIST KELLY J. MIXON that 470,000 individuals who used the fering the consequences of that inac- I rise today to honor the fallen, like company’s Web site to apply for insur- tion. Army SPC Kelly J. Mixon of Yulee, FL, ance may have unwittingly exposed f who was killed by an improvised explo- their Social Security numbers and sive device in Afghanistan on Decem- other sensitive data to the public. Just CONTROLLED SUBSTANCES ACT ber 8. Specialist Mixon would be 24 last month, the University of Hawaii Mr. KOHL. Mr. President, the basic years old on Christmas Eve. Sadly, he suffered a major data breach involving outline of legislative changes to the will be buried in Arlington National sensitive student data, including Social Controlled Substances Act that we ex- Cemetery on December 29. Security numbers, dates of birth, pect to receive from the Department of To the many men and women who names, and grades. And a recent data Justice are as follows: have given the last measure of free- breach at the Department of Veterans The legislation will deem certain nurses or dom, our country will remember your Affairs resulted in the unauthorized re- other licensed health care professionals, who bravery and patriotism. To the families lease of the Social Security numbers are designated by the nursing home as of these fallen servicemembers, we can and other personal information of at agents of DEA-licensed practitioners (practi- never express enough gratitude for the least 180 of our veterans. These trou- tioners being the resident’s attending physi- sacrifice you must bear. On behalf of cian or specialist), as authorized to transmit bling data breaches are painful remind- the practitioner’s order for a controlled sub- the people of Florida and our Nation, ers of the need to enact comprehensive our prayers are with you. stance, specifically Schedule II drugs, to Federal data privacy legislation this DEA-licensed pharmacies, either orally or by f year. fax. The nursing home, while not licensed by This bill offers meaningful solutions DEA, will be responsible for designating COMPREHENSIVE DATA PRIVACY to the vexing problem of data security those who are authorized to transmit a prac- Mr. LEAHY. Mr. President, as we ap- breaches. It requires that data brokers titioner’s order, and for making a list of such proach the end of another year—and let consumers know what sensitive per- authorized agents available to the pharmacy. the end of the 111th Congress—millions sonal information they have about Whenever oral or faxed orders for con- of Americans continue to face growing trolled substances come in from authorized them and to allow individuals to cor- agents, pharmacies will be required to threats to their privacy and security rect inaccurate information. The bill verify, based on the nursing home’s list, that because of data security breaches in- also requires that companies that have the nurse is authorized to call or fax in the volving their most sensitive personal databases with sensitive personal infor- practitioner’s order. This chain-of-account- information. Last year, I reintroduced mation on Americans establish and im- ability process will allow the practitioner to the Personal Data Privacy and Secu- plement data privacy and security pro- give oral instructions for ordering a con- rity Act—a bipartisan and comprehen- grams. trolled substance to the resident’s nurse over sive bill that will better protect Ameri- In addition, the bill requires notice the phone. In addition, practitioners will be cans from the growing threats of data permitted to opt out with certain employees, when sensitive personal information should a practitioner have a problem with a breaches and identity theft. I am dis- has been compromised. The bill pro- particular nurse or designee. appointed that the Senate will adjourn vides for tough criminal penalties for Both practitioners and the nursing home for the year without considering this anyone who would intentionally and will be required to keep written logs, or important privacy legislation. willfully conceal the fact that a data records, of such oral (or faxed) orders that This long overdue privacy bill would breach has occurred when the breach are submitted by nurses. The nursing home establish a national standard for causes economic damage to consumers. will be further required to keep the list of breach notification and requirements Finally, the bill addresses the impor- authorized nurses current and to imme- for securing Americans’ most sensitive diately notify the pharmacy of any changes tant issue of the government’s use of in this list. Nurses or other licensed health personal data. The bill—as improved by personal data. care professionals who are authorized as my manager’s amendment—strikes the I am pleased that the Obama admin- agents by the nursing home will be required right balance to protect privacy, pro- istration has recently issued two pri- to formally acknowledge their responsibility mote commerce, and successfully com- vacy reports that make recommenda- for ordering and administering controlled

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23519 substances by accepting liability in terms of deal to stimulate interest and engage- needed economic activity and job certain penalties that would apply under the ment between the United States and growth. Controlled Substances Act if they engage in the country of Georgia. We have worked with the Senate Fi- diversion or other unacceptable practices. Many of us on Capitol Hill have come nance Committee over the past 2 years Pharmacies will also be required to main- tain logs, or records, of the orders that are to know and respect Georgia and its to ensure that this provision is ready placed by authorized nurse agents. Phar- people. Georgia’s future will be written for enactment. It is widely supported macies will be further required to make tele- by young leaders such as Batu Kutelia. by the conservation community. I was phone (or fax) contact with the resident’s I cannot help but believe that the hopeful it would be included in the end- practitioner, under whose authority the con- country’s future will be bright if it of-the-year tax package the Senate is trolled substances were ordered, within 48 continues to produce leaders of his cal- currently considering. Since the Sen- hours of the time that the authorized agent iber. I wish him the best at his coming ate was unable to address Alaska Na- transmits the order. The pharmacy will then service in Tbilisi. tive conservation parity before the end be required to verify, and record, that the practitioner ordered a controlled substance. f of the 111th Congress, I would be inter- ested in learning, from the chairman of The practitioner will also be required to pro- DON’T ASK, DON’T TELL vide a written prescription to the pharmacy the Finance Committee, what his plans for the controlled substance within 10 days Mr. FEINGOLD. Mr. President, the are for advancing the proposal in the of the time that the authorized nurse agent repeal of the discriminatory don’t ask, 112th Congress. transmits the order. Additional reasonable don’t tell law will mean a stronger and Mr. BAUCUS. I am happy to respond safeguards may be included. more secure America. Discrimination to Mr. BEGICH from Alaska. I support f has no place in American society, espe- the conservation easement deduction cially when it undermines our national TRIBUTE TO AMBASSADOR BATU and sympathize with the Senator’s ef- security by hampering military readi- KUTELIA forts. I will work with Mr. BEGICH and ness. While the repeal of this law is Ms. MURKOWSKI to address conserva- Mr. KERRY. Mr. President, I rise long overdue, ending this harmful pol- tion issues in the new Congress. today to mention a distinguished Am- icy does mark an important moment in Mr. BEGICH. I thank you, Mr. BAU- bassador who is leaving Washington the fight for equal rights for all Ameri- CUS. I appreciate the Senator’s support after a regrettably short tenure. Batu cans. I applaud all those who worked to on this issue, and look forward to Kutelia, Ambassador of Georgia to the overturn this policy, the many Ameri- working with him and my other Senate United States, is returning to his coun- cans who advocated for its repeal, and colleagues to pass this much needed try to assume an important post in his the patriotic men and women who will piece of legislation as soon as an oppor- government as Deputy National Secu- now be able to openly serve their coun- tunity presents itself in the new Con- rity Adviser. try. gress. Although Ambassador Kutelia was f f only in Washington as Ambassador for less than 2 years, he and his wife Sofia ALASKA CONSERVATION PARITY MAIL ORDER PHARMACY RATINGS ACT and their young family will be missed Mr. AKAKA. Mr. President, I com- by the many friends they leave behind. Mr. BEGICH. Mr. President, I want to mend the Department of Veterans Af- He will also be remembered for rein- take this opportunity to discuss an fairs on a very impressive recent forcing and advancing his country’s re- issue of importance to Alaska Native achievement. The Department’s mail- lations with the United States. communities. The legislation currently order pharmacy program was recently Ambassador Kutelia represented under consideration would extend rated as top in the Nation among mail- Georgia in Washington in challenging through 2011 the enhanced tax incen- order pharmacies by J.D. Power and times. Following the 2008 war with tive for donations of qualified con- Associates in their 2010 U.S. National Russia, in which he served as First servation easements. Unfortunately, Pharmacy Study. Deputy Minister of Defense, the Am- Alaskan Native communities are ineli- VA received a score of 888 points out bassador helped facilitate the economic gible under this provision and, as a re- of a maximum possible score of 1,000. and political assistance necessary to sult, do not have access to the tools The Department did not receive an rebuild and continue Georgia’s eco- they need to permanently protect his- award for this achievement because nomic development. He also ensured torical or critical habitat. their pharmacy service is only open to that Georgia’s agenda within the U.S.- For thousands of years, Alaska has veterans and their families, but they Georgia Charter on Strategic Partner- been home to Native communities, did outscore the award recipient by a ship was ambitious and serious. Am- whose rich heritages, languages, and full 34 points, and the mail-order phar- bassador Kutelia’s work with our gov- traditions have thrived in the region’s macy average by 70 points. VA’s pro- ernment on the training of Georgian unique landscape. These communities gram received the highest scores in the forces participating in the NATO Inter- continue to engage in a traditional J.D. Power categories of overall experi- national Security Assistance Force subsistence lifestyle and harvest their ence, prescription ordering, prescrip- mission expedited their successful de- food from the land. Nearly 70 percent of tion delivery, and cost competitive- ployment to Afghanistan. Native communities’ food comes from ness. Ambassador Kutelia possesses a so- the land and, for many communities, This is an extraordinary achieve- phisticated understanding of Congress subsistence is an economic necessity ment, not only to be rated first in the and its responsibilities within our considering the cost and difficulty in- Nation, but to so highly exceed the pri- democratic system. He was extremely volved in purchasing food. vate sector. I congratulate VA, and es- accessible, maintaining strong working I, along with my colleague, Ms. MUR- pecially commend Secretary Shinseki relationships and friendships with KOWSKI, have proposed legislation, S. and Mr. Michael Valentino, Chief Con- many Members and staffers. During the 1673, which would provide parity. Our sultant, Pharmacy Benefits Manage- Ambassador’s tenure, it is a fact that proposal is imperative to the long-term ment Services, for their exceptional Georgia had a persuasive and effective survival of Alaska-Native communities leadership success in implementing the representative whose passion for his and Alaska’s nature resources, which mail-order pharmacy program. nation never flagged and whose engage- makes this critical legislation timely. f ment with Congress far exceeded that Development pressures are increas- of bigger countries with much larger ingly significantly in many parts of AFGHANISTAN embassies. Rarely did a Georgian offi- Alaska. This legislation will allow pri- Mr. DORGAN. Mr. President, as Con- cial pass through Washington without vate land owned by Alaska Native com- gress begins next year to consider a at least one interaction with Congress, munities to be protected, while facili- range of policy choices in both domes- an admirable record which did a great tating development that will spur tic and foreign policy areas, I hope that

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23520 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 at long last, we will decide that the pacities for the Department of Navy, forts directly supported for the agen- war in Afghanistan must end. the Central Intelligence Agency, and cy’s world-wide activities. That war has lasted 9 years and we the Office of the Director of National Mr. Dionne was selected to partici- are now engaged in nation building in a Intelligence. For most of that time, pate as a congressional fellow through country with a government that I be- Gary worked in the intelligence field the Government Affairs Institute at lieve is both incompetent and corrupt. where efforts and successes are not al- Georgetown University where he ac- We began the actions in Afghanistan ways rewarded publicly. I am glad we quired a certificate in legislative stud- to capture or kill the terrorist groups can do so here today. ies. Mr. Dionne accepted a position on that had launched the 9/11 attack on Mr. Dionne, the son of Roland and the U.S. House of Representatives our country. Eva Dionne, a draftsman and consumer Committee on Energy and Commerce Now, many years later, we are sales representative respectively, was staff and provided technical support to bogged down in a war in Afghanistan raised in the small suburban town of the Subcommittee on Communica- where our intelligence officials tell us Leominster, MA, a town known best as tions, Technology and the Internet, as there is only a minimal presence of the a hub for plastic factories but gained well as to the Subcommittee on Over- terrorist group al-Qaida. Some esti- world-renowned fame as the originator sight and Investigations. Mr. Dionne mates put the number of al-Qaida of the plastic pink flamingo! viewed his experience in Congress as an operatives in Afghanistan at fewer Following graduation from Leomin- awe-inspiring, humbling experience than one hundred. ster High School in 1975, Mr. Dionne where he witnessed truly remarkable We are now engaged in fighting the enlisted in the U.S. Navy as a people working the most difficult chal- Taliban in Afghanistan and, frankly, cryptologic technician radioman. lenges on behalf of America. there are a number of foreign armies Trained in Morse code and high fre- In 2002, following his fellowship in that have tried and failed in Afghani- quency direction Finding, Petty Officer Congress, Mr. Dionne returned to the stan over many centuries. Dionne supported U.S. Naval Intel- CIA in the Office of Congressional Af- I don’t believe there is any chance of ligence while stationed in Augsburg, fairs where as a liaison officer, he man- our ever controlling the tribal regions Germany, followed by a fleet assign- aged congressional activities for the of Afghanistan. ment to the Command for Middle East community management account and Furthermore, we ought to be fighting Forces. As a member of the admiral’s the directorate of operations. Fol- terrorism where terrorists, are rather staff, Mr. Dionne provided intelligence lowing the tragedy of September 11, than where terrorists were. We know support aboard the U.S.S. La Salle, 2001, Mr. Dionne was identified as the that al-Qaida has reconstituted train- U.S.S. Vreeland, U.S.S. Elmer Mont- responsible congressional liaison offi- ing camps in Northern Pakistan, and gomery, U.S.S. Blandy, and the U.S.S. cer for all intelligence community en- we suspect that is where their leader- Aylwin. gagements with the Congressional ship is. We know al-Qaida is in Somalia Completing an enlistment with the Joint Intelligence Committee as Con- and Yemen and other places. But, we U.S. Navy, Mr. Dionne subsequently gress conducted their review of the in- are bogged down fighting the Taliban joined the Central Intelligence Agency telligence failures leading up to Sep- in Afghanistan. And frankly, that is in 1981. Following training as a com- tember 11. From there Mr. Dionne not where the terrorists are. munications officer within the Office of served as the congressional liaison to It is time for our country to under- Communications, Mr. Dionne sup- the National Counter Terrorism Center stand that this is an effort that will ported intelligence activities in Cen- and to its predecessor, the Terrorist continue to drain our treasury and will tral America and on back-to-back as- Threat Integration Center. In 2007, Mr. result in the deaths of more American signments to West Africa where he was Dionne was selected in to his current troops, but will not result in our con- promoted to Officer in Charge of the assignment as the deputy director of trolling the territory of Afghanistan. Telecommunications Unit. In this posi- the Office of Legislative Affairs, for the We will be stuck for a long period of tion he was responsible for the daily Office of the Director of National Intel- time with a permanent military pres- supervision of personnel and technical ligence. ence at great cost and we will be pay- resources to maintain a multimillion- Throughout his career and travels ing for Afghanistan’s defense even dollar communications facility. around the world, Mr. Dionne is most while failing to control the tribal re- After returning to CIA Headquarters, grateful to have had the loving support gions of Afghanistan. Mr. Dionne was assigned as deputy of his wife Catherine who grew up in Recognition of those facts ought to chief, headquarters operations branch, the same little factory town and whom persuade us to begin withdrawing from where he was responsible for VIP com- he has known since they were in mid- Afghanistan as soon as possible and munications in domestic and foreign dle school together. He is so proud of begin pursuing terrorists where terror- activities. This included communica- his two daughters, Danielle, for serving ists are now, not where they were then. tions support for the Director of Cen- as a 1st grade school teacher in f tral Intelligence as well as support for Loudoun County, VA, and his daughter Presidential and Cabinet members Antonia, for her ability to master Man- TRIBUTE TO GARY DIONNE travel. Building on his technical back- darin and who is presently working at Mrs. FEINSTEIN. Mr. President, ground, he attended classes at George the U.S.-China Policy Foundation in next month marks the retirement of Mason University working toward a Washington, DC. Mr. Gary Dionne after 34 years in gov- bachelor’s degree in network manage- Mr. Dionne, thank you for your serv- ernment service. Throughout this time, ment. ice to our country and good luck in all Gary has been both the consummate In 1994, Mr. Dionne assumed the re- your future endeavors. professional and a friendly presence in sponsibility of associate director, of f the halls here on Capitol Hill. the Agency Network Management Cen- Mr. Dionne currently is the deputy ter where he had oversight responsi- YOUTH DRUG USE director of the Office of Legislative Af- bility for the daily health and welfare Mr. GRASSLEY. Mr. President, it is fairs for the Office of the Director of of the domestic telecommunications with great sadness and concern that I National Intelligence, and will be retir- network. Mr. Dionne was then selected report that more and more kids are ing from Federal service after fulfilling as chief of the resource management turning to drugs. Recently released an- a career of dedicated support to the staff, operations group, where he man- nual studies that track drug use trends U.S. intelligence community and the aged the tactical and strategic direc- among youth and adults are indicating National Security mission. A senior in- tion for a multimillion-dollar tele- rapid increases in drug use among all telligence officer, Mr. Dionne has had a communications operational budget. age groups. The most recent National varied and distinguished career, having This was an extremely rewarding as- Survey on Drug Use and Health indi- worked in different positions and ca- signment for Mr. Dionne where his ef- cates drug use among people aged 12

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23521 and older increased by 9 percent since appointing, they were not unexpected. ciding which laws it would prefer to en- 2008. According to this survey, over 7 The survey reported that data from the force rather than upholding and ag- million people in the past year are esti- past two years have shown that young gressively enforcing all existing laws. mated to have used drugs. Among these people’s attitudes about drugs and Unfortunately, the mixed messages numbers, it is estimated that over 4 their risks have been ‘‘softening.’’ This don’t stop there. Just a few weeks ago, million people have abused marijuana, means that kids are more and more the Judiciary Committee took up the which is well over half of all drug abus- coming to the conclusion that drug use nomination of Michelle Leonhart to be ers in this survey. really isn’t as bad as it is made out to Administrator of the Drug Enforce- Even more disturbing are the rapid be. The Monitoring the Future Survey ment Administration. Following her increases in drug use among America’s also indicates that young people’s per- hearing, I asked a pretty straight for- youth. New figures from the Moni- ceptions on drug use, especially the ward question, did she support efforts toring the Future Study, which is con- harms associated with marijuana use, to decriminalize or legalize the use, ducted by the University of Michigan are rapidly moving in a negative direc- production, or distribution of mari- and surveys school age kids’ drug use tion. The survey states, ‘‘Increases in juana, for medical purposes or other- from 8th grade to 12th grade, have shot youth drug use . . . are disappointing, wise. I was disappointed when I re- up significantly. The rapid increases and mixed messages about drug legal- ceived her response that simply stated, are due to higher use rates of mari- ization—particularly of marijuana— ‘‘I support the Administration in its juana among all age groups. Among the may be contributing to the trend. Such clear and steadfast opposition to the youngest surveyed, marijuana use messages only hinder the efforts of par- legalization of marijuana.’’ While I jumped to 16 percent from 14.5 percent ents who are trying to prevent their agree that the administration should in the past year. Marijuana use has in- kids from using drugs.’’ Dr. Volkow be ‘‘clear and steadfast’’ in opposing creased so much among high school also agrees that the debate over legal- the legalization of marijuana, her an- seniors that more are now smoking izing marijuana is contributing to the swers did not address the issue of de- marijuana than tobacco in the past 30 rising youth drug abuse rates. Dr. criminalization. In fact, it took a fol- days. According to this survey, more Volkow states, ‘‘We should examine low-up letter from me to Ms. Leonhart than one in three high school seniors the extent to which the debate over to clarify this response where she fi- have smoked marijuana in the past medical marijuana and marijuana le- nally stated she was ‘‘concerned with year. Also troubling are the increases galization for adults is affecting teens’ any actions that would lead to in- in the use of ecstasy, heroin, and the perceptions of risk.’’ creased use of abuse and therefore, ongoing high abuse rates of prescrip- The Obama administration also ap- do[es] not support decriminalizing the tion and over-the-counter medicines. pears to agree with the above conclu- cultivation, distribution, and use of On top of all this, the survey also de- sions. The national drug czar, Gil marijuana for any purpose other than termined that accompanying the in- Kerlikowski, who is Director of the Of- legitimate research.’’ While I appre- creased drug use was a decreased per- fice of National Drug Control Policy ciate this more detailed response, it ception that drugs are harmful. states, ‘‘The increases in youth drug raises questions as to why this more In my home State of Iowa, the Gov- use . . . are disappointing. And mixed comprehensive answer wasn’t part of ernor’s Office of Drug Control Policy messages about drug legalization, par- her initial response to my question. It reports in their 2011 Drug Control ticularly marijuana legalization, may is this sort of inconsistent response to Strategy that marijuana continues to be to blame. Such messages certainly simple questions on drug use that is be the most abused illegal drug in don’t help parents who are trying to sending mixed messages to minors Iowa. According to this report, nearly prevent young people from using across the county regarding the legal- two-thirds of all children in substance drugs.’’ I could not agree more with ization and decriminalization of mari- abuse treatment are there for mari- this statement. However, I can’t help juana. juana use. It is reported that these are but feel that this administration is We should not be getting mixed mes- the highest rates of marijuana-using contributing to the problem and not sages on marijuana use. The Obama ad- treatment clients in recent Iowa his- the solution. ministration should send a strong, un- tory. The 2008 Iowa youth survey also In October 2009, the Department of equivocal message to kids that mari- shows that over one in four Iowa 11th Justice issued a memorandum to all juana use is harmful, rather than graders have used marijuana in the U.S. attorneys regarding the prosecu- issuing inconsistent statements and past year. tion of individuals who use or sell new policies that endorse State efforts It is easy to read these numbers but marijuana for medical purposes in to legalize marijuana use in certain in- not fully grasp the magnitude of what states that allow it. This new policy stances. is happening in this country. Dr. Nora states that U.S. attorneys should not I have long supported a unified, and Volkow, the director of the National expend resources to prosecute individ- consistent antidrug message combined Institute on Drug Abuse, states that uals who are complying with State with grassroots community efforts to the earlier teenagers start using mari- laws regarding selling, possession, and combat drug abuse in all forms. Kids juana the greater the risk they will use of marijuana for medical purposes. need to constantly hear the message have down the road. Dr. Volkow states, These State laws are in direct conflict that drug use is harmful and not safe. ‘‘Not only does marijuana affect learn- with long existing Federal laws. The They need to hear it from all sectors of ing, judgment, and motor skills, but re- memorandum also states that this new the community whether it comes from search tells us that about 1 in 6 people policy will not alter the Department’s home, school, or anywhere else. That is who start using it as adolescents be- authority to enforce Federal law. why I continually support local com- come addicted.’’ The more we have This confusing policy attempts to munity antidrug coalitions. These coa- young people turning to drugs the have it both ways. The DOJ is telling litions are on the front lines in commu- more they are putting their health and U.S. attorneys that they should not nities and are probably our best weap- futures on the line. Not only do these prosecute people in States that allow on in the fight against drug abuse. The numbers suggest more young people medical marijuana, but the policy does people who comprise these coalitions are putting themselves at risk, but not prevent them from doing so. This care deeply about their communities they also show that the future of the policy is a departure from the long- and they should be supported in their country is at risk. These numbers are standing DOJ position to prosecute in- efforts. completely unacceptable and they il- dividuals who violate Federal law not- If the Obama administration truly lustrate that we are failing our kids. withstanding State law. This policy is believes that the rise in youth drug use How did we get to this point? The Na- ill advised, misguided, and internally is blamed in part on sending mixed tional Survey on Drug Use and Health inconsistent. It also sends the wrong messages about marijuana then they stated that while their findings are dis- message that this administration is de- need to reconsider their own actions.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23522 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 We need to recognize the importance of teers helped out. Businesses donated ‘‘They’re like a family to me,’’ Mattingly sending strong and united messages door prizes. One prize was a 40-inch HD said. ‘‘Even though I’m a civilian, I feel like about marijuana and drug use at large. TV. This Thanksgiving they served I’ve known them all my life.’’ We can start by being consistent with over 500 people. Being away from family while serving overseas is just part of being a soldier, Greg our own words and actions. Perhaps This year there was publicity to be Wheeler with the Wyoming Air National then we may be able to start to reverse sure all were invited. Posters went up Guard said. the rising trends in youth drug use all over the base and town. Some of ‘‘It is what it is,’’ Wheeler said. ‘‘You don’t that have occurred since President that publicity made it to the join the military and expect to be home Obama took office. blogosphere nationally. Glen got calls every holiday.’’ But Wheeler was fortunate to be sitting at f from 14 States commenting on the good idea and checking to see if they could a table with his wife, children, mom and dad TROOP THANKSGIVING this Thanksgiving. duplicate it. Many who called told of RECOGNITION Marvin Wolf of Cheyenne remembers personal difficulties, some with tragic spending a Thanksgiving in South Korea Mr. ENZI. Mr. President, I want to endings, that this kind of an event can during the Korean War. share with you a story of Thanksgiving perhaps prevent. ‘‘We had turkey, shrimp and all the trim- that touched my heart. I am doing it Mr. President, I ask unanimous con- mings,’’ Wolf said. Wolf agreed that spending just before Christmas to have you sent for an article about the event Thanksgiving with fellow soldiers is like think about the effect of holidays on from the Wyoming Tribune Eagle to be being with a big family. This Thanksgiving, Wolf said he is thank- people away from home and especially printed in the RECORD. I want to thank troops stationed away from home and ful for being an American citizen and for all Glen Chavez, the barber, for his idea the opportunities that the United States has something you might do on a very and his ability to turn a dream into re- offered his family. small scale. ality. Thanks also to all who made the Life is all about love and family, Wolf said. Two years ago, a barber in Cheyenne, dinner and appreciation of our troops ‘‘That’s what brings us together,’’ he said. WY, was cutting the hair of a young possible. Jennifer Roberts, whose husband is in the man from F. E. Warren Air Force Base There being no objection, the mate- Air Force, was enjoying the Thanksgiving and asked him what he was going to do rial was ordered to be printed in the meal with her three children. Her husband couldn’t attend the dinner because he was for Thanksgiving. The airman guessed RECORD, as follows: he would be spending it on the base. scheduled to work on the base in Cheyenne. [From the Wyoming Tribune-Eagle, Nov. 13, But having him at the base here was better The barber, Glen Chavez said, Why 2010] than a couple of years ago when he was in don’t you have Thanksgiving with my TROOPS GET A BIG THANK-YOU Iraq over the holidays. wife and I? Then Glen decided he better (By Josh Mitchell) Her daughter, Brooke Roberts, 12, said, she tell his wife. When he did she said, is grateful to have her dad home this year. CHEYENNE—Daniel Fletcher with the Army Jennifer Roberts said tears came to her ‘‘Glen, I know you. It won’t be just one National Guard has two families, and he felt eyes when she arrived at the military and it won’t be limited to a dozen. I’ll fortunate to be with one of them on Thanks- Thanksgiving dinner Thursday. help, but we need to find someplace giving. ‘‘It makes you feel at home,’’ said Roberts, bigger than our home.’’ So Glen asked The family he was with consisted of fellow who is from North Carolina. soldiers and was some 500 members strong. the Masonic Lodge if he could use their There were over 50 sponsors for the event. His other family is spread across the building. They said yes and Glen with U.S. Sen. Mike Enzi, R-Wyo., also made an United States. the help of some friends fed 300 people appearance. As Fletcher sat at a table surrounded by Chavez said he wants Enzi to take the idea from the base. Yes, the base serves a other soldiers at the Masonic Lodge, he re- of the military Thanksgiving dinner back to Thanksgiving dinner, but it is not the flected on the importance of being with Washington to make it a national event. same if you eat it in the same mess loved ones on Thanksgiving. Volunteer Terri Clark said, ‘‘It’s an honor hall you eat in every day. Chavez said ‘‘It means quite a bit,’’ he said. to serve them. They serve us. So it’s the But Fletcher, 28, would have been alone on he started the event to combat the least we can do.’’ loneliness that many members of the Thanksgiving had it not been for the out- military feel when they are away from pouring of support from about 150 volun- f their families during the holidays teers. ADDITIONAL STATEMENTS ‘‘I was going to sit at home and eat a TV The dinner was such a success that dinner,’’ Fletcher said. Glen decided to invite even more for The Second Annual Military Appreciation CARROLL COLLEGE FIGHTING the next year and to have more of the Free Thanksgiving Dinner hosted by Glen’s community involved. I am sure there is Barber Shop of Cheyenne is an effort to show SAINTS not a base and city anywhere that has the gratitude owed to members of the armed ∑ Mr. BAUCUS. Madam President, the degree of cooperation and concern services, organizer Glen Chavez said. today I wish to recognize an out- as Cheyenne and Warren Air Force As Chavez looked across the dining room standing championship college football Base. For example, people from the at families gathered around tables, he noted, team from my home State. ‘‘This is going to change Thanksgiving for- base help construct Habitat for Hu- ever. Look at how awesome this is.’’ This past Saturday in Rome, GA the manity homes. The school district Chavez said he started the event to combat Carroll College Fighting Saints built a new school on the base that also the loneliness that many members of the claimed another National Association has kids attend who do not live on the military feel when they are away from their of Intercollegiate Athletics national base and have no military connection. families during the holidays. title with a hard fought 10 to 7 win over The mix benefits everyone. Glen spent The military serves the United States all rival and fellow NAIA powerhouse the the year getting ready for this event year, and Chavez said it feels good to serve University of Sioux Falls Cougars. The speaking and enlisting the Chamber of the soldiers for one day. win gives the Fighting Saints an un- The support that Cheyenne shows for the Commerce and speaking at Lions, Ro- military surprised Fletcher, who is from Poi- precedented sixth national title in the tary, and Kiwanis, to name a few. son, Mont. He said when he returned from past nine seasons. Coming into the So this year was the Second Annual Iraq he didn’t think he would be greeted with game, Sioux Falls had won 42 games in Salute to our Troops. Steve Sears of much respect, but now he sees that that a row. In fact, their last loss was to Cheyenne Stitch donated T-shirts for there is a lot of support for the soldiers. Carroll in the 2007 title game. the volunteers. The fire department Sue Mattingly is not a member of the mili- Carroll College is a private, Catholic cooked turkeys. They deep fried seven tary, but she still feels a camaraderie with college in my hometown of Helena, MT. an hour for the 24 hours before the the local soldiers. Mattingly broke down into Carroll boasts an enrollment of about tears as she talked about losing her dad this meal. A service club cooked 750 pounds year. 1,500 students and is known around the of potatoes and mashed them. People After her loss, local soldiers were there for country for its award-winning aca- from all over the community baked Mattingly, who is a cook at the bowling demic and preprofessional programs. pies and cakes. Dozens of other volun- alley, where many of the soldiers spend time. The school is particularly strong in

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23523 premedical, engineering, and nursing Bay Area residents and visitors alike largest member base of any modern or programs. through first-rate exhibitions, public contemporary art museum in the The game Saturday was a hard- programs, and special events that en- United States. I commend SFMOMA fought victory marked by key big plays rich and educate the community. for serving the community superbly for on offense led by Saints quarterback SFMOMA was founded in 1935 by Dr. the past 75 years. Audiences have been Gary Wagner and a tough defense that Grace Louise McVann Morley. At the captivated and inspired by SFMOMA’s shut down the Cougars high-powered time of its founding, SFMOMA was the collections and special exhibitions, and offense. Wagner, a native of Havre, MT, first and only museum on the west I wish this venerable cultural institu- was named the offensive player of the coast dedicated solely to modern and tion much success in the decades to game and scored the Saints’ only contemporary art. Dr. Morley, a vision- come.∑ touchdown on an amazing 83-yard run. ary and committed leader, went on to f The winning points were provided by serve as the museum’s director for 23 place kicker Tom Yaremko on a clutch years. Under her guidance, SFMOMA REMEMBERING DR. HELEN 22 yard field goal in the fourth quarter. showcased innovative and challenging MAYNOR SCHEIRBECK I would like to congratulate head art by both new and established artists, ∑ Mrs. HAGAN. Mr. President, last coach Mike Van Diest and his coaching helping to cement San Francisco’s po- weekend the Nation lost Dr. Helen staff, along with Athletic Director sition as a leader in the world of mod- Maynor Scheirbeck—a great civil Bruce Parker and Doctor Tom Trebon, ern art. rights leader and a passionate advocate the president of Carroll College, for SFMOMA’s leadership has never been for American Indian rights. their hard work and dedication in limited to art alone but also extends to Born in Lumberton, NC, as a proud coaching and teaching these fine stu- influencing public policy, establishing member of the Lumbee Tribe, Dr. dent athletes. The motto of Carroll avenues to success for local and re- Scheirbeck’s passing is a true loss for College is ‘‘Not for School, but for gional artists and exhibiting work that the Lumbee and the greater American life.’’ Certainly the members of addresses current political and social Indian community. A champion for Carroll’s football team have learned movements. American Indian sovereignty, Dr. many life lessons. Coach Van Diest To accommodate the expansion of Scheirbeck worked constantly preaches the importance of getting a the museum over the years, artwork throughout her incredibly prolific ca- quality education, the value of team- was divided into four different depart- reer to enable future generations of In- work, and the need to give back to the ments: architectural and design, media dian leaders to build healthier and bet- community. Last year 32 Fighting arts, painting and sculpture, and pho- ter-educated communities. Saints were named to the Frontier tography. In addition to traditional ex- In her early work on Capitol Hill, Dr. Conference All-Academic team. hibitions, SFMOMA now offers film Scheirbeck served on the staff of North The Fighting Saints have a dedicated festivals, live art performances, and Carolina Senator Sam Ervin, then following throughout Montana. Thou- educational programs for children and chair of Senate Subcommittee on Con- sands of fans dressed in purple and gold teens. The museum has also recently stitutional Rights. This work helped pack into Nelson Stadium on the Car- developed a new Web site and blog in- lay the foundation for the historic 1968 roll campus for each home game. I al- corporating podcasts, an online tool for Indian Bill of Rights that extended ways look forward to joining them browsing the collection, and additional constitutional rights and protections whenever I can. And numerous fans interactive features that make the mu- to American Indians nationwide. Simi- made the long trip to Georgia to cheer seum more accessible than ever before. larly, Dr. Scheirbeck’s efforts to orga- on the Fighting Saints in the national Last year, SFMOMA entered into an nize the 1962 Capitol Conference on title game. exciting partnership with Doris and Poverty helped to ensure that Indian Now another reason that I am so ex- Donald Fisher, founders of the Gap, en- communities were a focus of the na- cited about the Saints winning another abling the museum to exhibit the Fish- tionwide war on poverty. title is because of a bet I made with my ers’ personal art collection, known Her commitment to self-determina- good friend Senator TIM JOHNSON. I put internationally to be one of the most tion and individual responsibility is a case of Montana microbrew beer on comprehensive and extraordinary col- further exemplified by Dr. Scheirbeck’s the line with confidence knowing the lections of modern art in the world. work to empower tribal leaders to gov- Saints would pull out the win, and Sen- The collection is comprised of more ern and educate their communities. ator JOHNSON put up some buffalo than 1,100 works by 185 20th and 21st Working on behalf of the Carter admin- steaks with faith that his Cougars century American and European art- istration, Dr. Scheirbeck’s leadership would prevail. I am looking forward to ists. was instrumental in realigning Federal enjoying those steaks, and I thank Today, SFMOMA retains more than policies to support Indian sovereignty. Senator JOHNSON for being such a good 26,000 pieces of art in its permanent Most notably, her efforts helped to en- sport. I would also like to commend collection, including photographs, de- sure the passage of the Indian Edu- the University of Sioux Falls on a fine sign objects, sculptures, and other cation Act of 1975 and the Tribally Con- football season. artworks. The museum is currently trolled Community College Assistance My congratulations and admiration planning a major expansion to support Act of 1978, which have enabled Indian goes out to all the Carroll coaches and its ongoing growth and to showcase the leaders to provide better educational players for their success and being Doris and Donald Fisher Collection. opportunities for current and future great ambassadors for the State of The additional space will allow generations. Montana. Their hard work, dedication, SFMOMA to continue evolving and of- Working throughout her life to pro- and grit truly represent the best that fering additional programs for the vide a forum for Indian leaders in our Big Sky country has to offer. I look community to learn, engage, and inter- Nation’s Capital, Dr. Scheirbeck was forward to cheering them on again next act with each other and with some of instrumental in establishing the Na- season as they go for title No. 7.∑ the greatest works of modern art. tional Museum of the American Indian. f Earlier this year, SFMOMA marked As Assistant Director in the early its 75th anniversary by offering 3 free years of the museum, Dr. Scheirbeck SAN FRANCISCO MUSEUM OF days of special programs entitled ‘‘75 guided the Office of Education and its MODERN ART Years of Looking Forward.’’ As a re- program in cultural arts. In so doing, ∑ Mrs. BOXER. Mr. President, I take sult, thousands visited the museum, she sought to bring the experience of this time to recognize the 75th anniver- eager to take advantage of the oppor- the American Indian to the National sary of the San Francisco Museum of tunity to honor and celebrate this Mall and to demonstrate the applica- Modern Art, SFMOMA. For 75 years, cherished institution. SFMOMA hosts bility of Indian education models to SFMOMA has engaged and inspired 800,000 visitors annually and boasts the educators throughout the world.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23524 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 Finally, much of Dr. Scheirbeck’s life And with his very heart and soul, he so pro- English, he served as assistant counsel was devoted to the cause of recognition tected our forefathers great dream of to Gov. Richard J. Hughes, himself a for the Lumbee Tribe of North Caro- gold! graduate of Rutgers Law School. He lina. Her life’s work helped reverse the For he so wisely knew, that some things no represented the Governor in an impor- Federal Government’s efforts to termi- greater can be! tant case involving senatorial courtesy Never mess with perfection you see! nate relationships with American In- So with each new and succeeding year, a before the New Jersey Supreme Court. dian tribes. Sadly, though, Dr. champion for The Senate grew up so This was the first of many important Scheirbeck’s own Lumbee Tribe still here! cases Bill Greenberg has argued. He has bears the burden of this unfortunate As this was but, his second greatest love so more than 100 published opinions to his policy, and she fought throughout her clear! credit. During his more than 40 years life to provide the Lumbee with the full His first, his beloved Erma, a marriage of of private practice, he has founded his recognition that they so deserve. While seventy years . . . own law firm, served in many public Dr. Scheirbeck did not live to see this As This Master of Senate, so soon appeared positions, has been a noted litigator dream become a reality, her life and . . . the kind even Webster would re- and bar association leader, as well as work have helped to sustain the drive vere! an author and benefactor of many edu- And now, into the next world Robert you for Lumbee recognition for decades. have gone, but ever your memory will cational and charitable institutions. Dr. Helen Maynor Scheirbeck’s pres- live on! He served as prosecutor of Princeton. ence and contributions throughout In- As but a lesson to us all . . . He was a commissioner of the New Jer- dian Country are irreplaceable, and her As from what so little, can grow so tall! sey State Scholarship Commission. He tireless efforts on behalf of American A Champion of The United States Senate, was appointed by the Supreme Court of Indians throughout the country will Robert Byrd . . . New Jersey to the Mercer County Eth- continue to inspire future Indian lead- As now up in Heaven, your voice is heard!∑ ics Committee and the Civil Practice ers for generations to come.∑ f Committee. He also served as a mem- f TRIBUTE TO WILLIAMS S. ber of the New Jersey Supreme Court Committee on the admission of foreign POEM FOR SENATOR ROBERT GREENBERG attorneys, a groundbreaking effort by BYRD ∑ Mr. MENENDEZ. Mr. President, I the New Jersey Supreme Court to per- ∑ Mr. LIEBERMAN. Madam President, would like to recognize Brigadier Gen- mit Cuban lawyers who had emigrated I ask to have printed in the RECORD the eral (Retired) William S. Greenberg, to New Jersey to be permitted to take following poem written in the memory one of my constituents, who was hon- the bar examinations. of the late Senator Robert C. Byrd by ored on October 14, 2010, with the Rut- He was a trustee of both the New Jer- Albert Carey Caswell. gers Law School Alumni Association sey State Bar Association and the New The poem follows: Public Service Award. Bill Greenberg Jersey State Bar Foundation. He FROM SO LITTLE has a long association with Rutgers, served as chair of the Military Law From so little . . . the State University of New Jersey. He Section of the New Jersey State Bar Can come so much! is a member of the Newark law class of Association. In addition to holding From so humble beginnings . . . 1967. In 1966, as president of the Stu- many offices in the Association of Can, come as such . . . dent Bar Association, he gave a memo- Trial Lawyers of America, New Jer- Greatness, that only a heart can bring . . . rable speech accepting the new law sey—the New Jersey Association for As from life’s mistakes . . . school building on behalf of the student But, comes life’s lessons . . . time and time Justice—he served as its president. He again such blessings! body. He was joined in that ceremony is an author and frequent lecturer on For only in open hearts, will so ring! by then-Chief Justice of the United many litigation matters, and for over In the kind, that dares great men to dream States Earl Warren. 20 years he has been the author and great dreams! Following his graduation from Rut- editor of the Civil Trial Handbook, Vol- Who come from almost nothing! gers, he enlisted in the 5th Squadron of ume 47 of the New Jersey Practice Se- To grow and involve, all into a many splen- the 117th Cavalry of the 50th Armored ries, now in its fifth edition. did thing! Division, the Jersey Blues, and was se- Civic minded and charitable, Bill As from such humble beginnings, as but lected as the outstanding enlisted cav- comes such things! Greenberg serves as a vice president of From a coal miners father, and his dreams alry trooper of the training cycle while the Thanks To Scandinavia Edu- ... at Fort Knox. Returning to New Jer- cational and Charitable Trust of New A child, who would bless this our Nation all sey, he served as law secretary to York, which gives educational scholar- in his being! Judge Robert A. Matthews, a Rutgers ships to recognize the efforts made by A giant, who upon the Senate floor . . . his Law School alumnus, then sitting as a the Scandinavian countries to save thundering voice would so ring! judge of the New Jersey Superior Jews during World War II. He is chair- Who fell in love, with one of our Forefathers Court, Chancery Division, in Hudson greatest dreams! man of the Mary Sachs Charitable The Great American Experiment, called De- County, and later as presiding judge of Trust in Harrisburg, PA, established by mocracy of all things! the Superior Court, Appellate Division. his great aunt, which has over the past Democracy, and The United States Senate Bill Greenberg began a long and dis- 50 years distributed millions of dollars . . . all in this wing! tinguished career as a lawyer, bar lead- in scholarships and other aid to edu- And, that from so little . What time and er, and soldier, author, public servant, cational and charitable organizations faith and courage, can so bring! and benefactor with McCarter & in central Pennsylvania. He and his A man who so honored tradition, in all his English, New Jersey’s oldest and larg- wife, the former Betty Kaufmann Wolf fiber and all his being . . . est law firm and one of the region’s All in his great intuition, knowing that of Pittsburgh, have established the Dr. these were but time tested things . . . most respected, where Bill is a senior Peter Scardino Trust at the Memorial But, so sacred and so essential . . . but to partner today. Sloan Kettering Cancer Center to aid our Nation’s very being! Throughout his career, his connec- needy cancer patients. In addition, he Like, a mother cub . . . Protecting her tion to Rutgers has remained strong, as and his wife have established endowed young! exemplified by his support of the Jus- scholarships at Johns Hopkins and With all of his heart and soul, he would not tice Morris Pashman Scholarship Brown Universities for needy students let this great body be undone! Fund. He was chosen one of four com- and have contributed substantially to And that some things you must not, and missioners of the New Jersey State the Institute for Advanced Study in should not change! Commission of Investigation by his Time Tested, that for this our Nation to Princeton. thrive must so remain! Rutgers Law classmate, the late Alan He recently received the Distin- For he was a visionary, a scholar, and a stu- J. Karcher, then-speaker of the New guished Alumnus Award from Johns dent of the past, and legislation his- Jersey General Assembly. During a Hopkins and serves on its under- tory to last! public-service leave from McCarter & graduate advisory board. In December

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23525 2009, he was selected Lawyer of the Their only technology was a rotary EXECUTIVE MESSAGE REFERRED Year by the New Jersey Law Journal, telephone to receive calls from those As in executive session the Presiding the leading law publication of record in requiring assistance. Over time, the Officer laid before the Senate a mes- our State. This year, he received the family developed a reputation for its sage from the President of the United Major General Howard Louderback reliability, gaining regular customers States submitting a nomination which Award for lifetime service from the and parlaying that recognition into fu- was referred to the Committee on New Jersey Committee of the Depart- ture success. Health, Education, Labor, and Pen- ment of Defense Committee for Em- As a result of its strong and growing sions. ployer Support of the Guard and Re- standing, Agren opened its first brick- (The nomination received today is serve. and-mortar store in Auburn in 1978, printed at the end of the Senate pro- I was pleased to recommend Bill carrying the Whirlpool brand of prod- ceedings.) Greenberg to the White House to be ucts. Over time, the company further f Chairman of the Reserve Forces Policy expanded its reach, opening branches Board. He was selected by Secretary in the coastal town of Brunswick in MESSAGES FROM THE HOUSE Gates for that important position in 1983, as well as south Paris, in western ENROLLED BILL SIGNED August 2009 and reappointed in August Maine, in 1986. Later, Agren Appliance The PRESIDENT pro tempore (Mr. 2010. This board, created by Congress in opened stores in south Portland and INOUYE) reported that on December 21, 1952, is the principal policy adviser to midcoast Maine, covering a large swath 2010, he had signed the following en- the Secretary of Defense for Reserve of the State’s population. And on Mon- rolled bill, which was previously signed component matters. I was pleased to day, Agren Appliance moved from its by the Speaker of the House: make this recommendation because of former south Paris location to a newer, H.R. 3082. An act making appropriations General Greenberg’s background of 27 larger, 25,000-square-foot space in the for military construction, the Department of years of military service in the Reserve neighboring town of Norway. The com- Veterans Affairs, and related agencies for components as an enlisted cavalry pany has been recognized as one of the the fiscal year ending September 30, 2010, and trooper, a member of the Judge Advo- Nation’s top 100 appliance retailers, an for other purposes. cate General’s Corps, and as a flag offi- impressive feat in such a competitive ENROLLED BILLS SIGNED cer. More importantly, he established market. The PRESIDENT pro tempore (Mr. the Military Legal Assistance Program Agren now offers its customers a va- INOUYE) reported that he had signed of the New Jersey State Bar Associa- riety of products and brands—including the following enrolled bills, which were tion for wounded or injured reservists televisions, beds, mattresses, and din- previously signed by the Speaker of the called to duty after September 11, 2001. ing room sets. Nonetheless, each store House: He personally and with members of his is still a one-stop shop for all appliance S. 118. An act to amend section 202 of the law firm, McCarter & English, has rep- needs, from dishwashers and refrig- Housing Act of 1959, to improve the program resented over 50 individual soldiers at under such section for supportive housing for erators, to laundry machines and dry- the elderly, and for other purposes. Walter Reed in obtaining adequate ers. And the business stays true to its S. 1481. An act to amend section 811 of the military and veterans compensation. roots, boasting Maine’s largest inde- Cranston-Gonzalez National Affordable He is widely recognized as an expert in pendent appliance repair team, as well Housing Act to improve the program under the field as well as a selfless advocate as a fleet of repair trucks. such section for supportive housing for per- for individual soldiers and veterans in Furthermore, Agren Appliance is sons with disabilities. their legal struggles. still family-owned and remains an inte- H.R. 81. An act to amend the High Seas To those of us who are privileged to Driftnet Fishing Moratorium Protection Act gral part of the communities which it and the Magnuson-Stevens Fishery Con- know Bill Greenberg personally, he serves. The company frequently makes servation and Management Act to improve brings passion, energy, hard work, pa- donations to organizations across the the conservation of sharks. triotism, and dedication to all that he State, often providing gift certificates undertakes. These qualities have been or various small appliances for silent At 1:37 p.m., a message from the recognized by his colleagues in the auctions to benefit those in need. Addi- House of Representatives, delivered by legal profession and in the Pentagon, tionally, at certain locations, Agren Mr. Novotny, one of its reading clerks, where he has served with distinction posts messages on their large elec- announced that the House has passed and has consistently put foremost the tronic outdoor signs, advertising up- the following bill, in which it requests interests of the individual reservist and coming events and fundraising efforts the concurrence of the Senate: the veteran. The American soldier has from various members of the commu- H.R. 6547. An act to amend the Elementary no greater friend than Bill Greenberg.∑ nity—a generous act that helps pro- and Secondary Education Act of 1965 to re- f mote worthwhile occasions and causes. quire criminal background checks for school employees. RECOGNIZING AGREN APPLIANCE With five stores spread across the southern part of the State, Agren has The message also announced that the ∑ Ms. SNOWE. Mr. President, small developed from a small-town appliance House has agreed to the amendments of businesses are the engine of our econ- repair business into a trusted name for the Senate to the bill (H.R. 6523) to au- omy. There are literally millions of appliance and furniture needs. I am al- thorize appropriations for fiscal year unique stories about how these compa- ways impressed by the ingenuity of 2011 for military activities of the De- nies had developed since they opened small businesses like Agren, which has partment of Defense, for military con- their doors. Some of the most impres- witnessed marked growth because of a struction, and for defense activities of sive businesses are family-owned enti- strong work ethic and dedication to the Department of Energy, to prescribe ties that start with a handful of work- knowing and serving the community. I military personnel strengths for such ers and a commitment to filling a thank all of the company’s employees fiscal year, and for other purposes. niche in their city or town. Today I for their hard work, and wish them The message further announced that recognize Agren Appliance, a company much success in the years to come.∑ pursuant to section 1238(b)(3) of the that started with the basics and has Floyd D. Spence National Defense Au- thorization Act for Fiscal Year 2001 (22 blossomed into a familiar name to resi- f dents of Lewiston-Auburn, ME, for over U.S.C. 7002) as amended, the Minority 40 years. Leader reappoints the following mem- The Agren family began serving the MESSAGE FROM THE PRESIDENT ber on the part of the House of Rep- community in 1969, when they operated A message from the President of the resentatives to the United States- two repair trucks to fix appliances for United States was communicated to China Economic and Security Review families and individuals throughout the Senate by Mrs. Neiman, one of his Commission: Mr. Larry Wortzel, effec- the greater Lewiston-Auburn area. secretaries. tive January 1, 2011.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23526 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 The message also announced that The message also announced that the administrative authorities of the District of pursuant to section 235 of the Tribal House has passed the following bills, Columbia courts, to authorize the District of Law and Order Act (Public Law 111– without amendment: Columbia Public Defender Service to provide 211), the Minority Leader appoints the professional liability insurance for officers S. 3481. An act to amend the Federal Water and employees of the Service for claims re- following member on the part of the Pollution Control Act to clarify Federal re- lating to services furnished within the scope House of Representatives to the Indian sponsibility for stormwater pollution. of employment with the Service, and for Law and Order Commission: Mr. Thom- S. 3903. An act to authorize leases of up to other purposes; to the Committee on Home- as Gede of San Francisco, California. 99 years for lands held in trust for Ohkay land Security and Governmental Affairs. The message further announced that Owingeh Pueblo. H.R. 5446. An act to designate the facility pursuant to section 5605 of the Patient S. 4036. An act to clarify the National of the United States Postal Service located Credit Union Administration authority to at 600 Florida Avenue in Cocoa, Florida, as Protection and Affordable Care Act make stabilization fund expenditures with- (Public Law 111–148), the Minority the ‘‘Harry T. and Harriette Moore Post Of- out borrowing from the Treasury. fice’’; to the Committee on Homeland Secu- Leader appoints the following members S. 4058. An act to extend certain expiring on the part of the House of Representa- rity and Governmental Affairs. provisions providing enhanced protections H.R. 5493. An act to provide for the fur- tives to the Commission on Key Na- for servicemembers relating to mortgages nishing of statues by the District of Colum- tional Indicators: Mr. Marcus Peacock and mortgage foreclosures. bia and territories and possessions of the of Washington, D.C., and Mr. Tomas J. The message further announced that United States for display in Statuary Hall in Philipson of Chicago, Illinois. the House has passed the following bill, the United States Capitol; to the Committee ENROLLED BILLS SIGNED with amendments, in which it requests on Rules and Administration. At 4:01 p.m., a message from the the concurrence of the Senate: H.R. 5702. An act to amend the District of Columbia Home Rule Act to reduce the wait- House of Representatives, delivered by S. 372. An act to amend chapter 23 of title Mr. Novotny, one of its reading clerks, ing period for holding special elections to fill 5, United States Code, to clarify the disclo- vacancies in local offices in the District of announced that the Speaker has signed sures of information protected from prohib- Columbia; to the Committee on Homeland the following enrolled bills: ited personnel practices, require a statement Security and Governmental Affairs. S. 3243. An act to require U.S. Customs and in nondisclosure policies, forms, and agree- H.R. 6205. An act to designate the facility Border Protection to administer polygraph ments that such policies, forms, and agree- of the United States Postal Service located examinations to all applicants for law en- ments conform with certain disclosure pro- at 1449 West Avenue in Bronx, New York, as forcement positions with U.S. Customs and tections, provide certain authority for the the ‘‘Private Isaac T. Cortes Post Office’’; to Border Protection, to require U.S. Customs Special Counsel, and for other purposes. the Committee on Homeland Security and and Border Protection to initiate all periodic The message also announced that the Governmental Affairs. background reinvestigations of certain law House has agreed to the following con- H.R. 6397. An act to amend section enforcement personnel, and for other pur- current resolution, without amend- 101(a)(35) of the Immigration and Nationality poses. ment: Act to provide for a marriage for which the S. 3592. An act to designate the facility of parties are not physically in the presence of the United States Postal Service located at S. Con. Res. 67. Concurrent resolution cele- each other due to service abroad in the 100 Commerce Drive in Tyrone, Georgia, as brating 130 years of United States-Romanian Armed Forces of the United States; to the the ‘‘First Lieutenant Robert Wilson Collins diplomatic relations, congratulating the Ro- Committee on the Judiciary. Post Office Building’’. manian people on their achievements as a H.R. 6494. An act to amend the National H.R. 4445. An act to amend Public Law 95– great nation, and reaffirming the deep bonds Defense Authorization Act for Fiscal Year 232 to repeal a restriction on treating as In- of trust and values between the United 2010 to improve the Littoral Combat Ship dian country certain lands held in trust for States and Romania, a trusted and most val- program of the Navy; to the Committee on Indian pueblos in New Mexico. ued ally. Armed Services. H.R. 5470. An act to exclude an external The message further announced that H.R. 6540. An act to require the Secretary power supply for certain security or life safe- of Defense, in awarding a contract for the ty alarms and surveillance system compo- the House has agreed to the amend- KC–X Aerial Refueling Aircraft Program, to nents from the application of certain energy ment of the Senate to the bill (H.R. consider any unfair competitive advantage efficiency standards under the Energy Policy 847) to amend the Public Health Serv- that an offeror may possess; to the Com- and Conservation Act. ice Act to extend and improve protec- mittee on Armed Services. The enrolled bills were subsequently tions and services to individuals di- H.R. 6547. An act to amend the Elementary signed by the Acting President pro rectly impacted by the terrorist attack and Secondary Education Act of 1965 to re- tempore (Mr. BAYH). in New York City on September 11, quire criminal background checks for school ENROLLED BILLS SIGNED 2001, and for other purposes. employees; to the Committee on Health, At 4:27 p.m., a message from the The message also announced that the Education, Labor, and Pensions. House of Representatives, delivered by House has agreed to the amendments of H.R. 6560. An act to amend title 28, United States Code, to clarify and improve certain Mr. Novotny, one of its reading clerks, the Senate to the bill (H.R. 5901) to amend the Internal Revenue Code of provisions relating to the removal of litiga- announced that the Speaker has signed tion against Federal officers or agencies to the following enrolled bills: 1986 to exempt certain stock of real es- Federal courts, and for other purposes; to H.R. 5116. An act to invest in innovation tate investment trusts from the tax on the Committee on the Judiciary. through research and development, to im- foreign investment in United States f prove the competitiveness of the United real property interest, and for other States, and for other purposes. purposes. EXECUTIVE AND OTHER H.R. 6398. An act to require the Federal De- The message further announced that COMMUNICATIONS posit Insurance Corporation to fully insure the House has agreed to the amend- The following communications were Interest on Lawyers Trust Accounts. ment of the Senate to the bill (H.R. laid before the Senate, together with The enrolled bills were subsequently 6517) to extend trade adjustment assist- accompanying papers, reports, and doc- signed by the Acting President pro ance and certain trade preference pro- uments, and were referred as indicated: tempore (Mr. BAYH). grams, to amend the Harmonized Tariff EC–8582. A communication from the Direc- At 6:44 p.m., a message from the Schedule of the United States to mod- tor of the Regulatory Management Division, House of Representatives, delivered by ify temporarily certain rates of duty, Office of Policy, Economics, and Innovation, Mr. Novotny, one of its reading clerks, and for other purposes. Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- f announced that the House has passed titled ‘‘Extension of Tolerances for Emer- the following bill, in which it requests MEASURES REFERRED gency Exemptions (Multiple Chemicals)’’ the concurrence of the Senate: The following bills were read the first (FRL No. 8857-5) received in the Office of the H.R. 6560. An act to amend title 28, United President of the Senate on December 20, 2010; States Code, to clarify and improve certain and the second times by unanimous to the Committee on Agriculture, Nutrition, provisions relating to the removal of litiga- consent, and referred as indicated: and Forestry. tion against Federal officers or agencies to H.R. 5367. An act to amend title 11, District EC–8583. A communication from the Direc- Federal courts, and for other purposes. of Columbia Official Code, to revise certain tor of the Regulatory Management Division,

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23527 Office of Policy, Economics, and Innovation, EC–8592. A communication from the Direc- ginia; Update to Materials Incorporated by Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Reference’’ (FRL No. 9240-1) received in the ting, pursuant to law, the report of a rule en- Office of Policy, Economics, and Innovation, Office of the President of the Senate on De- titled ‘‘Flutolanil; Pesticide Tolerances’’ Environmental Protection Agency, transmit- cember 22, 2010; to the Committee on Envi- (FRL No. 8855-7) received in the Office of the ting, pursuant to law, the report of a rule en- ronment and Public Works. President of the Senate on December 20, 2010; titled ‘‘Environmental Protection Agency EC–8599. A communication from the Direc- to the Committee on Agriculture, Nutrition, Implementation of OMB Guidance on Drug- tor of the Regulatory Management Division, and Forestry. Free Workplace Requirements’’ (FRL No. Office of Policy, Economics, and Innovation, EC–8584. A joint communication from the 9242-2) received in the Office of the President Environmental Protection Agency, transmit- Under Secretary of Defense (Personnel and of the Senate on December 20, 2010; to the ting, pursuant to law, the report of a rule en- Readiness) and the Under Secretary of De- Committee on Environment and Public titled ‘‘National Emission Standards for Haz- fense (Policy), transmitting, pursuant to Works. ardous Air Pollutants: Gold Mine Ore Proc- law, a report entitled ‘‘The Power of the Peo- EC–8593. A communication from the Direc- essing and Production Area Source Category; ple: Building an Integrated National Secu- tor of the Regulatory Management Division, and Addition to Source Category List for rity Professional System for the 21st Cen- Office of Policy, Economics, and Innovation, Standards’’ (FRL No. 9242-3) received in the tury’’; to the Committee on Armed Services. Environmental Protection Agency, transmit- Office of the President of the Senate on De- EC–8585. A communication from the Chair- ting, pursuant to law, the report of a rule en- cember 22, 2010; to the Committee on Envi- man and President of the Export-Import titled ‘‘Approval and Promulgation of Imple- ronment and Public Works. Bank, transmitting, pursuant to law, a re- mentation Plans; Texas; Emissions Banking EC–8600. A communication from the Direc- port relative to transactions involving U.S. and Trading of Allowances Program’’ (FRL tor of Congressional Affairs , Nuclear Regu- exports to India; to the Committee on Bank- No. 9243-1) received in the Office of the Presi- latory Commission, transmitting, pursuant ing, Housing, and Urban Affairs. dent of the Senate on December 22, 2010; to to law, the report of a rule entitled ‘‘Consid- EC–8586. A communication from the Chair- the Committee on Environment and Public eration of Environmental Impacts of Tem- man and President of the Export-Import Works. porary Storage of Spent Fuel After Cessation Bank, transmitting, pursuant to law, a re- EC–8594. A communication from the Direc- of Reactor Operation’’ (RIN3150-AI47) re- port relative to transactions involving U.S. tor of the Regulatory Management Division, ceived in the Office of the President of the exports to Turkey; to the Committee on Office of Policy, Economics, and Innovation, Senate on December 22, 2010; to the Com- Banking, Housing, and Urban Affairs. Environmental Protection Agency, transmit- mittee on Environment and Public Works. EC–8587. A communication from the Direc- EC–8601. A communication from the Direc- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, tor of Congressional Affairs , Nuclear Regu- titled ‘‘Approval and Promulgation of Air Office of Policy, Economics, and Innovation, latory Commission, transmitting, pursuant Quality Implementation Plans; Minnesota; Environmental Protection Agency, transmit- to law, the report of a rule entitled ‘‘General Sulfur Dioxide SIP Revision for Marathon ting, pursuant to law, the report of a rule en- Design Guide for Ventilation Systems of Plu- Petroleum St. Paul Park’’ (FRL No. 9243-3) titled ‘‘Determination of Nonattainment and tonium Processing and Fuel Fabrication received in the Office of the President of the Reclassification of the Dallas/Fort Worth Plants’’ (Regulatory Guide 3.12, Revision 1) Senate on December 22, 2010; to the Com- 1997 8-hour Ozone Nonattainment Area; received in the Office of the President of the mittee on Environment and Public Works. Texas’’ (FRL No. 9240-8) received in the Of- Senate on December 22, 2010; to the Com- EC–8595. A communication from the Direc- fice of the President of the Senate on Decem- mittee on Environment and Public Works. ber 20, 2010; to the Committee on Environ- tor of the Regulatory Management Division, EC–8602. A communication from the Direc- ment and Public Works. Office of Policy, Economics, and Innovation, tor of Congressional Affairs, Nuclear Regu- EC–8588. A communication from the Direc- Environmental Protection Agency, transmit- latory Commission, transmitting, pursuant tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Pres- Office of Policy, Economics, and Innovation, titled ‘‘Approval and Promulgation of Air sure-Sensitive and Tamper-Indicating Device Environmental Protection Agency, transmit- Quality Implementation Plans; Virginia; Seals for Material Control and Accounting of ting, pursuant to law, the report of a rule en- Amendments to Ambient Air Quality Stand- Special Nuclear Material’’ (Regulatory titled ‘‘Approval and Promulgation of Imple- ards for Particulate Matter’’ (FRL No. 9243- Guide 5.80) received in the Office of the mentation Plans; Mississippi; Prevention of 5) received in the Office of the President of President of the Senate on December 22, 2010; Significant Deterioration Rules: Nitrogen the Senate on December 22, 2010; to the Com- to the Committee on Environment and Pub- Oxides as a Precursor to Ozone’’ (FRL No. mittee on Environment and Public Works. lic Works. 9241-1) received in the Office of the President EC–8596. A communication from the Direc- EC–8603. A communication from the Direc- of the Senate on December 20, 2010; to the tor of the Regulatory Management Division, tor of Congressional Affairs , Nuclear Regu- Committee on Environment and Public Office of Policy, Economics, and Innovation, latory Commission, transmitting, pursuant Works. Environmental Protection Agency, transmit- to law, the report of a rule entitled ‘‘Notice EC–8589. A communication from the Direc- ting, pursuant to law, the report of a rule en- of Availability of Model Application and tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Air Safety Evaluation for Plant-Specific Adop- Office of Policy, Economics, and Innovation, Quality Implementation Plans; Pennsyl- tion of TSTF-514, Revision 3 ‘Revise BWR Environmental Protection Agency, transmit- vania; Allegheny County’s Adoption of Con- Operability Requirements and Actions for ting, pursuant to law, the report of a rule en- trol Techniques Guidelines for Large Appli- RCS Leaking Instrumentation’’’ (NUREG- titled ‘‘Regulation of Fuels and Fuel Addi- ance and Metal Furniture; Flat Wood Pan- 1433 and NUREG-1434) received in the Office tives: Modifications to Renewable Fuel eling; Paper, Film, and Foil Surface Coating of the President of the Senate on December Standard Program’’ (FRL No. 9241-4) re- Processes; and Revisions to Definitions and 22, 2010; to the Committee on Environment ceived in the Office of the President of the an Existing Regulation’’ (FRL No. 9243-6) re- and Public Works. Senate on December 20, 2010; to the Com- ceived in the Office of the President of the EC–8604. A communication from the Direc- mittee on Environment and Public Works. Senate on December 22, 2010; to the Com- tor of the Regulatory Management Division, EC–8590. A communication from the Direc- mittee on Environment and Public Works. Office of Policy, Economics, and Innovation, tor of the Regulatory Management Division, EC–8597. A communication from the Direc- Environmental Protection Agency, transmit- Office of Policy, Economics, and Innovation, tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Office of Policy, Economics, and Innovation, titled ‘‘Imazosulfuron; Pesticide Tolerances’’ ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- (FRL No. 8857-4) received in the Office of the titled ‘‘Approval and Promulgation of Imple- ting, pursuant to law, the report of a rule en- President of the Senate on December 22, 2010; mentation Plans; New Jersey; 8-hour Ozone titled ‘‘Interim Final Regulation Deferring to the Committee on Agriculture, Nutrition, Control Measures’’ (FRL No. 9214-4) received the Reporting Date for Certain Data Ele- and Forestry. in the Office of the President of the Senate ments Required Under the Mandatory Re- EC–8605. A communication from the Direc- on December 20, 2010; to the Committee on porting of Greenhouse Gases Rule’’ (FRL No. tor of the Legislative Affairs Division, Nat- Environment and Public Works. 9242-7) received in the Office of the President ural Resources Conservation Service, De- EC–8591. A communication from the Direc- of the Senate on December 22, 2010; to the partment of Agriculture, transmitting, pur- tor of the Regulatory Management Division, Committee on Environment and Public suant to law, the report of a rule entitled Office of Policy, Economics, and Innovation, Works. ‘‘Grassland Reserve Program, Final Rule’’ Environmental Protection Agency, transmit- EC–8598. A communication from the Direc- (RIN0578-AA53) received in the Office of the ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, President of the Senate on December 22, 2010; titled ‘‘Revisions to Lead Ambient Air Moni- Office of Policy, Economics, and Innovation, to the Committee on Agriculture, Nutrition, toring Requirements’’ (FRL No. 9241-8) re- Environmental Protection Agency, transmit- and Forestry. ceived in the Office of the President of the ting, pursuant to law, the report of a rule en- EC–8606. A communication from the Ad- Senate on December 20, 2010; to the Com- titled ‘‘Approval and Promulgation of Air ministrator, Rural Housing Service, Depart- mittee on Environment and Public Works. Quality Implementation Plans; West Vir- ment of Agriculture, transmitting, pursuant

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23528 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 to law, the report of a rule entitled ‘‘Contin- the Interior, transmitting, pursuant to law, and Immigration Services, Department of uous Construction—Permanent Loan Guar- the report of a rule entitled ‘‘Texas Regu- Homeland Security, transmitting, pursuant antees Under the Section 538 Guaranteed latory Program’’ (Docket No. TX-059-FOR) to law, the report of a rule entitled ‘‘E-2 Rural Rental Housing Program’’ ((7 CFR received in the Office of the President of the Nonimmigrant Status for Aliens in the Com- Part 3565)(RIN0575-AC80)) received in the Of- Senate on December 22, 2010; to the Com- monwealth of the Northern Mariana Islands fice of the President of the Senate on Decem- mittee on Energy and Natural Resources. with Long-Term Investor Status’’ (RIN1615- ber 22, 2010; to the Committee on Agri- EC–8617. A communication from the Chief AB75) received in the Office of the President culture, Nutrition, and Forestry. of the Publications and Regulations Branch, of the Senate on December 22, 2010; to the EC–8607. A communication from the Under Internal Revenue Service, Department of the Committee on the Judiciary. Secretary of Defense (Comptroller), trans- Treasury, transmitting, pursuant to law, the EC–8626. A communication from the Sec- mitting, pursuant to law, a report relative to report of a rule entitled ‘‘Special Rules Re- retary General of the Inter-Parliamentary a violation of the Antideficiency Act that oc- lating to Funding Relief for Single-Employer Union, transmitting, a report relative to the curred within the Department of the Air Pension Plans under PRA 2010’’ (Notice 2011- Chiapas Declaration; to the Committee on Force and was assigned case number 08-02; to 3) received in the Office of the President of Foreign Relations. the Committee on Appropriations. the Senate on December 22, 2010; to the Com- EC–8627. A communication from the Dep- EC–8608. A communication from the Under mittee on Finance. uty Assistant Administrator for Regulatory Secretary of Defense (Comptroller), trans- EC–8618. A communication from the Chief Programs, Office of Sustainable Fisheries, mitting, pursuant to law, a report relative to of the Publications and Regulations Branch, Department of Commerce, transmitting, pur- a violation of the Antideficiency Act that oc- Internal Revenue Service, Department of the suant to law, the report of a rule entitled curred within the Department of the Air Treasury, transmitting, pursuant to law, the ‘‘Fisheries of the Caribbean, Gulf of Mexico, Force and was assigned case number 08-03; to report of a rule entitled ‘‘Applicable Federal and South Atlantic; Snapper-Grouper Fish- the Committee on Appropriations. Rates—January 2011’’ (Rev. Rul. 2011-2) re- ery Off the South Atlantic States; Emer- EC–8609. A communication from the Under ceived in the Office of the President of the gency Rule to Delay Effectiveness of the Secretary of Defense (Acquisition, Tech- Senate on December 22, 2010; to the Com- Snapper-Grouper Area Closure’’ (RIN0648- nology and Logistics), transmitting, pursu- mittee on Finance. BA47) received in the Office of the President ant to law, a report relative to the Program EC–8619. A communication from the Chief of the Senate on December 22, 2010; to the Acquisition Unit Cost for the Chemical De- of the Publications and Regulations Branch, Committee on Commerce, Science, and militarization-Assembled Chemical Weapons Internal Revenue Service, Department of the Transportation. Alternative (ACWA) Program exceeding the Treasury, transmitting, pursuant to law, the EC–8628. A communication from the Acting Acquisition Program Baseline values by report of a rule entitled ‘‘Rules for Group Director of the Office of Sustainable Fish- more than 25 percent; to the Committee on Trusts’’ (Rev. Rul. 2011-1) received in the Of- eries, National Marine Fisheries Service, De- Armed Services. fice of the President of the Senate on Decem- partment of Commerce, transmitting, pursu- EC–8610. A communication from the Under ber 22, 2010; to the Committee on Finance. ant to law, the report of a rule entitled Secretary of Defense (Personnel and Readi- EC–8620. A communication from the Fed- ‘‘Fisheries of the Northeastern United ness), transmitting a report on the approved eral Register Certifying Officer, Financial States; Atlantic Herring Fishery; Temporary retirement of Lieutenant General Frank G. Management Service, Department of the Removal of 2,000-lb (907.2-kg) Herring Trip Klotz, United States Air Force, and his ad- Treasury, transmitting, pursuant to law, the Limit in Atlantic Herring Management Area vancement to the grade of lieutenant general report of a rule entitled ‘‘Federal Govern- 1A’’ (RIN0648-XA053) received in the Office of on the retired list; to the Committee on ment Participation in the Automated Clear- the President of the Senate on December 22, Armed Services. ing House’’ (RIN1510-AB24) received in the 2010; to the Committee on Commerce, EC–8611. A communication from the Sec- Office of the President of the Senate on De- Science, and Transportation. retary of Defense, transmitting a report on cember 20, 2010; to the Committee on Fi- EC–8629. A communication from the Acting the approved retirement of Lieutenant Gen- nance. Director of the Office of Sustainable Fish- eral James H. Pillsbury, United States Air EC–8621. A communication from the Fed- eries, National Marine Fisheries Service, De- Army, and his advancement to the grade of eral Register Certifying Officer, Financial partment of Commerce, transmitting, pursu- lieutenant general on the retired list; to the Management Service, Department of the ant to law, the report of a rule entitled Committee on Armed Services. Treasury, transmitting, pursuant to law, the ‘‘Fisheries of the Northeastern United EC–8612. A communication from the Sec- report of a rule entitled ‘‘Management of States; Atlantic Herring Fishery; Temporary retary, Division of Corporation Finance, Se- Federal Agency Disbursements’’ (RIN1510- Removal of 2,000-lb (907.2-kg) Herring Trip curities and Exchange Commission, trans- AB26) received in the Office of the President Limit in Atlantic Herring Management Area mitting, pursuant to law, the report of a rule of the Senate on December 20, 2010; to the 1A’’ (RIN0648-XA039) received in the Office of entitled ‘‘Extension of Filing Accommoda- Committee on Finance. the President of the Senate on December 22, tion for Static Pool Information in Filings EC–8622. A communication from the Assist- 2010; to the Committee on Commerce, with Respect to Asset-Backed Securities’’ ant Legal Adviser for Treaty Affairs, Depart- Science, and Transportation. (RIN3235-AK70) received in the Office of the ment of State, transmitting, pursuant to the EC–8630. A communication from the Acting President of the Senate on December 22, 2010; Case-Zablocki Act, 1 U.S.C. 112b, as amended, Director of the Office of Sustainable Fish- to the Committee on Banking, Housing, and the report of the texts and background state- eries, National Marine Fisheries Service, De- Urban Affairs. ments of international agreements, other partment of Commerce, transmitting, pursu- EC–8613. A communication from the Sec- than treaties (List 2010-0176—2010-0189); to ant to law, the report of a rule entitled ‘‘At- retary of the Treasury, transmitting, pursu- the Committee on Foreign Relations. lantic Highly Migratory Species; Inseason ant to law, a six-month periodic report on EC–8623. A communication from the Assist- Action to Close the Commercial Non-Sand- the national emergency that was declared in ant Secretary, Bureau of Legislative Affairs, bar Large Coastal Shark Fishery in the At- Executive Order 13405 with respect to Department of State, transmitting, pursuant lantic Region’’ (RIN0648-XA052) received in Belarus; to the Committee on Banking, to the Arms Export Control Act, the certifi- the Office of the President of the Senate on Housing, and Urban Affairs. cation of a proposed manufacturing license December 22, 2010; to the Committee on Com- EC–8614. A communication from the Direc- agreement for the export of defense articles, merce, Science, and Transportation. tor, Office of Surface Mining, Department of to include technical data, and defense serv- EC–8631. A communication from the Acting the Interior, transmitting, pursuant to law, ices for the manufacture in Saudi Arabia of Director of the Office of Sustainable Fish- the report of a rule entitled ‘‘Montana Regu- RR-170 Chaff Cartridges, RR-180 Chaff Car- eries, National Marine Fisheries Service, De- latory Program’’ (Docket No. MT-029-FOR) tridges, MJU-7A/B Flare Cartridges, MJU-10/ partment of Commerce, transmitting, pursu- received in the Office of the President of the B Flare Cartridges and M206 Flare Cartridges ant to law, the report of a rule entitled Senate on December 22, 2010; to the Com- in the amount of $50,000,000 or more; to the ‘‘Fisheries Off West Coast States; Modifica- mittee on Energy and Natural Resources. Committee on Foreign Relations. tions of the West Coast Commercial and Rec- EC–8615. A communication from the Direc- EC–8624. A communication from the Assist- reational Salmon Fisheries; Inseason Ac- tor, Office of Surface Mining, Department of ant General Counsel for Regulatory Services, tions No. 12 and No. 13’’ (RIN0648-XY31) re- the Interior, transmitting, pursuant to law, Department of Education, transmitting, pur- ceived in the Office of the President of the the report of a rule entitled ‘‘North Dakota suant to law, the report of a rule entitled Senate on December 22, 2010; to the Com- Regulatory Program’’ (Docket No. ND-051- ‘‘Supplemental Priorities for Discretionary mittee on Commerce, Science, and Transpor- FOR) received in the Office of the President Grant Programs’’ (RIN1894-AA00) received in tation. of the Senate on December 22, 2010; to the the Office of the President of the Senate on EC–8632. A communication from the Acting Committee on Energy and Natural Re- December 22, 2010; to the Committee on Director of the Office of Sustainable Fish- sources. Health, Education, Labor, and Pensions. eries, National Marine Fisheries Service, De- EC–8616. A communication from the Direc- EC–8625. A communication from the Man- partment of Commerce, transmitting, pursu- tor, Office of Surface Mining, Department of agement and Program Analyst, Citizenship ant to law, the report of a rule entitled

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23529 ‘‘Fisheries of the Exclusive Economic Zone time transportation security information is By Mr. CASEY: Off Alaska; Pacific Cod by Catcher Vessels not used inappropriately to shield certain S. 4056. A bill to amend the Internal Rev- Less Than 60 Feet (18.3 m) Length Overall other information from public disclosure, enue Code of 1986 to permit the disclosure of Using Hook-and-Line or Pot Gear in the Ber- and for other purposes (Rept. No. 111–387). certain tax return information for the pur- ing Sea and Aleutian Islands Management Report to accompany S. 2870, a bill to es- poses of missing or exploited children inves- Area’’ (RIN0648-XA058) received in the Office tablish uniform administrative and enforce- tigations; to the Committee on Finance. of the President of the Senate on December ment procedures and penalties for the en- By Mr. SANDERS (for himself and Mr. 22, 2010; to the Committee on Commerce, forcement of the High Seas Driftnet Fishing LEAHY): Science, and Transportation. Moratorium Protection Act and similar stat- S. 4057. A bill to provide for an earlier start EC–8633. A communication from the Assist- utes, and for other purposes (Rept. No. 111– for State health care coverage innovation ant Administrator for Fisheries, National 388). waivers under the Patient Protection and Af- Marine Fisheries Service, Department of f fordable Care Act, and for other purposes; to Commerce, transmitting, pursuant to law, the Committee on Health, Education, Labor, the report of a rule entitled ‘‘Fisheries of the EXECUTIVE REPORT OF and Pensions. Caribbean, Gulf of Mexico, and South Atlan- COMMITTEE By Mr. KERRY: tic; Emergency Fisheries Closure in the Gulf The following executive report of S. 4058. A bill to extend certain expiring of Mexico Due to the Deepwater Horizon committee was submitted on December provisions providing enhanced protections MC252 Oil Spill; Amendment 4’’ (RIN0648- for servicemembers relating to mortgages AY90) received in the Office of the President 22, 2010: and mortgage foreclosure; considered and of the Senate on December 22, 2010; to the By Mr. KERRY, from the Committee on passed. Committee on Commerce, Science, and Foreign Relations: By Mr. MENENDEZ: Transportation. [Treaty Doc. 110–23 Investment Treaty with S. 4059. A bill to authorize the Department EC–8634. A communication from the Dep- Rwanda with one declaration (Ex. Rept. of House and Urban Development to trans- uty Assistant Administrator for Operations, 111–8)] form neighborhoods of extreme poverty into National Marine Fisheries Service, Depart- The text of the committee-recommended sustainable, mixed-income neighborhoods ment of Commerce, transmitting, pursuant resolution of advice and consent to ratifica- with access to economic opportunities, by re- to law, the report of a rule entitled ‘‘Fish- tion is as follows: vitalizing severely distressed housing, and eries of the Caribbean, Gulf of Mexico, and Resolved (two-thirds of the Senators present investing and leveraging investments in South Atlantic; Emergency Fisheries Clo- concurring therein), well-functioning services, educational oppor- sure in the Gulf of Mexico Due to the Deep- Section 1. Senate Advice and Consent sub- tunities, public assets, public transportation, water Horizon MC252 Oil Spill; Amendment ject to a declaration. and improved access to jobs; to the Com- 3’’ (RIN0648-AY90) received in the Office of The Senate advises and consents to the mittee on Banking, Housing, and Urban Af- the President of the Senate on December 22, ratification of the Treaty Between the Gov- fairs. 2010; to the Committee on Commerce, ernment of the United States of America and f Science, and Transportation. the Government of the Republic of Rwanda EC–8635. A communication from the Chief Concerning the Encouragement and Recip- SUBMISSION OF CONCURRENT AND Judge, Court of Appeals of Maryland, trans- rocal Protection of Investment, signed at SENATE RESOLUTIONS mitting, a report relative to Interest on At- Kigali on February 19, 2008 (Treaty Doc. 110– The following concurrent resolutions torneys Trust Accounts; to the Committee 23), subject to the declaration of section 2. on Banking, Housing, and Urban Affairs . Section 2. Declaration. and Senate resolutions were read, and EC–8636. A communication from the Dep- The advice and consent of the Senate referred (or acted upon), as indicated: uty Assistant Secretary for Import Adminis- under section 1 is subject to the following By Mr. SCHUMER (for himself and Mr. tration, Foreign-Trade Zones Board, Depart- declaration: BENNETT): ment of Commerce, transmitting, pursuant Articles 3 through 10 and other provisions S. Res. 705. A resolution providing for a to law, an annual report on the Activities of that qualify or create exceptions to these Ar- technical correction to S. Res. 700; consid- the Foreign-Trade Zones Board, for fiscal ticles are self-executing. With the exception ered and agreed to. year 2009; to the Committee on Finance. of these Articles, the Treaty is not self-exe- By Mr. REID (for himself, Mr. MCCON- f cuting. None of the provisions in this Treaty NELL, Mr. KERRY, and Mr. KYL): confers a private right of action. S. Res. 706. A resolution extending the au- REPORTS OF COMMITTEES f thority for the Senate National Security The following reports of committees Working Group; considered and agreed to. INTRODUCTION OF BILLS AND By Mr. REID: were submitted: JOINT RESOLUTIONS S. Res. 707. A resolution honoring Lula By Mr. KERRY, from the Committee on The following bills and joint resolu- Davis; considered and agreed to. Foreign Relations, without amendment: f S. 3688. A bill to establish an international tions were introduced, read the first professional exchange program, and for other and second times by unanimous con- ADDITIONAL COSPONSORS purposes (Rept. No. 111–383). sent, and referred as indicated: S. 3424 By Mr. ROCKEFELLER, from the Com- By Mr. MERKLEY (for himself, Mr. mittee on Commerce, Science, and Transpor- JOHNSON, Mr. CORKER, and Mr. ENZI): At the request of Mr. DURBIN, the tation: S. 4052. A bill to require the Federal De- name of the Senator from California Report to accompany S. 773, a bill to en- posit Insurance Corporation to fully insure (Mrs. FEINSTEIN) was added as a co- sure the continued free flow of commerce Interest on Lawyers Trust Accounts; to the sponsor of S. 3424, a bill to amend the within the United States and with its global Committee on Banking, Housing, and Urban Animal Welfare Act to provide further trading partners through secure cyber com- Affairs. protection for puppies. munications, to provide for the continued de- By Ms. LANDRIEU (for herself and Ms. velopment and exploitation of the Internet SNOWE): AMENDMENT NO. 4892 and intranet communications for such pur- S. 4053. A bill to reauthorize and improve At the request of Mr. JOHANNS, his poses, to provide for the development of a the SBIR and STTR programs, and for other name was added as a cosponsor of cadre of information technology specialists purposes; considered and passed. amendment No. 4892 proposed to Trea- to improve and maintain effective cybersecu- By Mr. SPECTER: ty Doc. 111–5, treaty between the rity defenses against disruption, and for S. 4054. A bill to restore the law governing United States of America and the Rus- other purposes (Rept. No. 111–384). pleading and pleading motions that existed Report to accompany S. 2764, a bill to reau- before the decisions of the Supreme Court of sian Federation on Measures for the thorize the Satellite Home Viewer Extension the United States in Bell Atlantic v. Further Reduction and Limitation of and Reuathorization Act of 2004, and for Twombly, 550 U.S. 544 (2007), and Ashcroft v. Strategic Offensive Arms, signed in other purposes (Rept. No. 111–385). Iqbal, 129 S. Ct. 1937 (2009); to the Committee Prague on April 8, 2010, with Protocol. Report to accompany S. 3304, a bill to in- on the Judiciary. AMENDMENT NO. 4904 crease the access of persons with disabilities By Mr. BROWN of Ohio (for himself, At the request of Mr. CORKER, the to modern communications, and for other Mr. CASEY, Mr. BINGAMAN, Mrs. names of the Senator from Connecticut purposes (Rept. No. 111–386). HAGAN, and Ms. STABENOW): Report to accompany S. 1274, a bill to S. 4055. A bill to extend trade adjustment (Mr. LIEBERMAN), the Senator from amend title 46, United States Code, to ensure assistance, and for other purposes; to the Massachusetts (Mr. BROWN), the Sen- that the prohibition on disclosure of mari- Committee on Finance. ator from Alaska (Ms. MURKOWSKI), the

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Senator from Arizona (Mr. MCCAIN), After a hearing on the legislation be- Not all of these lawyers, I must em- the Senator from Nebraska (Mr. fore the Judiciary Committee, I con- phasize in closing, endorse my legisla- JOHANNS), the Senator from Michigan sulted through my general counsel, tion, and none of them of course is re- (Mr. LEVIN), the Senator from Arizona Matthew L. Wiener, with leading aca- sponsible for its particulars. Most of (Mr. KYL), the Senator from Indiana demic proceduralists and several dis- them submitted prepared statements (Mr. BAYH), and the Senator from Alas- tinguished practicing lawyers with an for the record of the December 2 hear- ka (Mr. BEGICH) were added as cospon- eye toward offering a possible sub- ing, and their individual views can be sors of amendment No. 4904 proposed to stitute amendment. The conclusion I found there. Treaty Doc. 111–5, treaty between the soon drew was that Congress must in- f United States of America and the Rus- deed overrule Twombly and Iqbal but sian Federation on Measures for the without (as the Court had done) pre- SUBMITTED RESOLUTIONS Further Reduction and Limitation of scribing a pleading standard outside Strategic Offensive Arms, signed in the rulemaking process established by Prague on April 8, 2010, with Protocol. the Enabling Act. The best way to do SENATE RESOLUTION 705—PRO- At the request of Mr. LUGAR, his so, I concluded, was simply to draft VIDING FOR A TECHNICAL COR- name was added as a cosponsor of legislation requiring adherence to the RECTION TO S. RES. 700 amendment No. 4904 proposed to Trea- Supreme Court’s pre-Twombly deci- Mr. SCHUMER (for himself and Mr. ty Doc. 111–5, supra. sions interpreting the applicable fed- BENNETT) submitted the following reso- f eral rules unless and until they are lution; which was considered and STATEMENTS ON INTRODUCED amended in accordance with the Ena- agreed to: BILLS AND JOINT RESOLUTIONS bling Act. The bill I have introduced S. RES. 705 today, the Notice Pleading Restoration Resolved, By Mr. SPECTER: Act of 2010, takes just that approach. I S. 4054. A bill to restore the law gov- SECTION 1. TECHNICAL CORRECTION. urge the next Congress to take up this erning pleading and pleading motions Senate Resolution 700, 111th Congress, bill when it convenes in January. agreed to December 10, 2010, is amended in that existed before the decisions of the For their wise counsel in helping me section 3(b)— Supreme Court of the United States in work through the issues presented by (1) by striking paragraph (1); and Bell Atlantic v. Twombly, 550 U.S. 544 the legislation, I would like to ac- (2) by redesignating paragraphs (2) through (2007), and Ashcroft v. Iqbal, 129 S. Ct. knowledge and thank the following (5) as paragraphs (1) through (4), respec- 1937 (2009); to the Committee on the Ju- lawyers, most of them professors of tively. diciary. civil procedure: Allen D. Black, a part- f Mr. SPECTER. Mr. President, last ner at Fine, Kaplan & Black, R.P.C.; year I introduced the Notice Pleading SENATE RESOLUTION 706—EX- John S. Beckerman, Professor of Law, Restoration Act of 2009, H.R. 1504. As I TENDING THE AUTHORITY FOR explained in my accompanying floor Rutgers University School of Law- THE SENATE NATIONAL SECU- statement, my objective was to restore Camden; Stephen B. Burbank, the RITY WORKING GROUP David Berger Professor for the Admin- the pleading standard that had gov- Mr. REID (for himself, Mr. MCCON- istration of Justice at the University erned federal civil practice if not since NELL, Mr. KERRY, and Mr. KYL) sub- of Pennsylvania Law School; Sean Car- the Federal Rules of Procedure origi- mitted the following resolution; which ter, a shareholder of Cozen O’Connor; nally took effect in 1938, then at very was considered and agreed to: least since the Supreme Court decided Jonathan W. Cuneo, a partner at Cuneo Gilbert & LaDuca LLP and a former S. RES. 706 Conley v. Gibson in 1957. Several Resolved, That Senate Resolution 105 of the months earlier the Supreme Court had counsel to the House Judiciary Com- mittee; Michael C. Dorf, the Robert S. One Hundred First Congress, 1st session issued the second of two controversial (agreed to on April 13, 1989), as amended by decisions—Bell Atlantic Corp. v. Stevens Professor of Law at Cornell Senate Resolution 149 of the One Hundred Twombly, 2007, and Iqbal v. Ashcroft, University School of Law; William N. Third Congress, 1st session (agreed to on Oc- 2009—in which it had replaced that Eskridge, Jr., the John A. Garver Pro- tober 5, 1993), as further amended by Senate standard with a heightened pleading fessor of Jurisprudence at Yale Law Resolution 75 of the One Hundred Sixth Con- standard that, not least among its sev- School; Suzette M. Malveaux, Asso- gress, 1st session (agreed to on March 25, eral flaws, was plainly inconsistent ciate Professor of Law, Columbus 1999), as further amended by Senate Resolu- tion 383 of the One Hundred Sixth Congress, with the original meaning of the Fed- School of Law, Catholic University of America; Arthur R. Miller, University 2d session (agreed to on October 27, 2000), as eral Rules. My concern was not only further amended by Senate Resolution 355 of that the Court had closed the court- Professor at the New York University the One Hundred Seventh Congress, 2d ses- house doors to plaintiffs with meri- School of Law; John Payton, President sion (agreed to on November 13, 2002), as fur- torious claims and limited the private and Director-Counsel, NAACP Legal ther amended by Senate Resolution 480 of enforcement of public law, but also Defense Fund; Alexander Reinert, an the One Hundred Eighth Congress, 2d session that, in yet another of its recent incur- Associate Professor of Law at the Ben- (agreed to November 20, 2004), as further sions on Congress’s lawmaking powers, jamin Cardozo School of Law; David L. amended by Senate Resolution 625 of the One it had end-run the process for amend- Shapiro, the William Nelson Cromwell Hundred Ninth Congress, 2d Session (agreed Professor of Law, Emeritus, at Harvard to on December 6, 2006), and as further ing the Rules established by the Rules amended by Senate Resolution 715 of the One Enabling Act of 1934. That process in- Law School; Stephen N. Subrin, Pro- Hundred Tenth Congress, 2d session (agreed cludes, as its last step, Congressional fessor of Law, Northeastern University to November 20, 2008), is further amended in approval of any amendment. School of Law; and Tobias Barrington section 4 by striking ‘‘2010’’ and inserting While there was widespread agree- Wolff, a Professor of Law at the Uni- ‘‘2012’’. ment among the country’s leading aca- versity of Pennsylvania Law School. f demic proceduralists on the need for Professor Burbank deserves special legislation overruling the Court’s deci- acknowledgment for first suggesting SENATE RESOLUTION 707— sions, there was much less agreement and explaining the general approach HONORING LULA DAVIS among them as to what, exactly, the underlying my bill during his testi- Mr. REID submitted the following legislation should say. I chose in S. mony before the Senate Judiciary resolution; which was considered and 1504 to incorporate the pleading stand- Committee on December 2, 2009, and agreed to: ard set forth in Conley. A companion special thanks for lending my staff so S. RES. 707 House bill introduced after S. 1504, H.R. much of his valuable time during the Whereas Lula Davis, the Secretary for the 4115, took a somewhat different ap- last year-and-a-half. I commend his un- Majority, will be retiring at the end of the proach. Various commentators pro- impeachable testimony to my col- 111th Congress, after a long and distin- posed yet other approaches. leagues and their staffs. guished career;

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.003 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23531 Whereas Lula Davis was first elected as As- directly impacted by the terrorist attack in our missile defense programs. As the NATO sistant Democratic Secretary in 1997, and New York City on September 11, 2001, and for Summit meeting in Lisbon last month un- she was the first woman ever to hold that po- other purposes. derscored, we are proceeding apace with a sition; SA 4924. Mr. BROWN of Ohio (for himself, missile defense system in Europe designed to Whereas Lula Davis was elected to be the Mr. CASEY, Mr. BAUCUS, Mr. MCCAIN, and Mr. provide full coverage for NATO members on Secretary for the Majority at the beginning KYL) proposed an amendment to the bill H.R. the continent, as well as deployed U.S. of the 111th Congress, the first African 6517, to extend trade adjustment assistance forces, against the growing threat posed by American to serve in this position, and dur- and certain trade preference programs, to the proliferation of ballistic missiles. The ing the 111th Congress she has expertly tack- amend the Harmonized Tariff Schedule of final phase of the system will also augment led one of the toughest jobs in politics; the United States to modify temporarily cer- our current defenses against interconti- Whereas throughout her time in the Sen- tain rates of duty, and for other purposes. nental ballistic missiles from Iran targeted ate, Lula Davis has played a major role in f against the United States. managing the debate and passage of many All NATO allies agreed in Lisbon that the significant pieces of legislation; TEXT OF AMENDMENTS growing threat of missile proliferation, and Whereas many legislative accomplish- SA 4921. Mr. LEVIN (for himself and our Article 5 commitment of collective de- ments over the years would not have hap- Mr. MCCAIN) proposed an amendment fense, requires that the Alliance develop a pened without the leadership of Lula Davis; to the bill H.R. 6523, to authorize ap- territorial missile defense capability. The Whereas Lula Davis lived in rural Lou- Alliance further agreed that the EPAA, isiana, and worked as a teacher and guidance propriations for fiscal year 2011 for which I announced in September 2009, will be counselor; military activities of the Department a crucial contribution to this capability. Whereas Lula Davis remains committed to of Defense, for military construction, Starting in 2011, we will begin deploying the children in our community, founding and and for defense activities of the De- first phase of the EPAA, to protect large continuing to run a nonprofit mentoring and partment of Energy, to prescribe mili- parts of southern Europe from short- and charitable organization called ‘‘Leadership tary personnel strengths for such fiscal medium-range ballistic missile threats. In Cares,’’ which provides holiday meals to year, and for other purposes; as fol- subsequent phases, we will deploy longer- more than 650 families annually; lows: range and more effective land-based Stand- Whereas Lula Davis has encouraged many ard Missile–3 (SM–3) interceptors in Romania of her fellow Senate staff to volunteer along- Strike title XVII and the corresponding and Poland to protect Europe against side her family and friends to make a dif- table of contents on page 18. medium- and intermediate-range ballistic ference for those in need; missiles. In the final phase, planned for the Whereas Lula Davis started her Senate ca- SA 4922. Mr. KIRK submitted an end of the decade, further upgrades of the reer as a legislative aide to her home-state amendment intended to be proposed to SM–3 interceptor will provide an ascent- Senator, Russell Long, and went on to serve amendment SA 4904 proposed by Mr. phase intercept capability to augment our in almost every position on the floor staff, CORKER to Treaty Doc. 111–5, Treaty defense of NATO European territory, as well including office assistant, floor assistant, between the United States of America as that of the United States, against future chief floor assistant, Assistant Secretary, and the Russian Federation on Meas- threats of ICBMs launched from Iran. and Secretary; ures for the Further Reduction and The Lisbon decisions represent an historic Whereas Lula Davis is a master of the com- Limitation of Strategic Offensive achievement, making clear that all. NATO plex formal and informal rules under which allies believe we need an effective territorial the Senate operates; Arms, signed in Prague on April 8, 2010, missile defense to defend against the threats Whereas Lula Davis has consistently pro- with Protocol; as follows: we face now and in the future., The EPAA vided thoughtful and reliable advice to both On page 2, after line 19, add the following: represents the right response. At Lisbon, the Democratic and Republican leadership and (2) MISSILE DEFENSE.—It is the under- Alliance also invited the Russian Federation all members of the Senate; standing of the United States that the advice to cooperate on missile defense, which could Whereas Lula Davis is loyal to the Senate and consent of the Senate to the New START lead to adding Russian capabilities to those and to Senators, and respects the traditions Treaty is subject to the understanding, deployed by NATO to enhance our common that make this body great; which shall be transmitted to the Russian security against common threats. The Lis- Whereas the Senate has tremendous re- Federation at the time of the exchange of in- bon Summit thus demonstrated that the Al- spect for Lula Davis and her hard work, and struments of ratification, stated in the letter liance’s missile defenses can be strengthened deeply appreciates her enormous contribu- transmitted by President Barack Obama to by improving NATO-Russian relations. tions to the Senate and to the United States: the Majority Leader of the United States This comes even as we have made clear Now, therefore, be it Senate on December 18, 2010, the text of that the system we intend to pursue with Resolved, That the Senate expresses its which is as follows: Russia will not be a joint system, and it will deepest thanks to Lula Davis for her many THE WHITE HOUSE, not in any way limit United States’ or years of outstanding service to the United Washington, December 18, 2010. NATO’s missile defense capabilities. Effec- States Senate and to the United States of Hon. HARRY M. REID, tive cooperation with Russia could enhance America. Majority Leader, U.S. Senate, the overall effectiveness and efficiency of f Washington, DC. our combined territorial missile defenses, DEAR SENATOR REID: As the Senate con- and at the same time provide Russia with AMENDMENTS SUBMITTED AND siders the New START Treaty, I want to greater security. Irrespective of how co- PROPOSED share with you my views on the issue of mis- operation with Russia develops, the Alliance SA 4921. Mr. LEVIN (for himself and Mr. sile defense, which has been the subject of alone bears responsibility for defending MCCAIN) proposed an amendment to the bill much debate in the Senate’s review of the NATO’s members, consistent with our Trea- H.R. 6523, to authorize appropriations for fis- Treaty. ty obligations for collective defense. The cal year 2011 for military activities of the Pursuant to the National Missile Defense EPAA and NATO’s territorial missile defense Department of Defense, for military con- Act of 1999 (Public Law 106–38), it has long capability will allow us to do that. struction, and for defense activities of the been the policy of the United States to de- In signing the New START Treaty, the Department of Energy, to prescribe military ploy as soon as is technologically possible an Russian Federation issued a statement that personnel strengths for such fiscal year, and effective National Missile Defense system ca- expressed its view that the extraordinary for other purposes. pable of defending the territory of the United events referred to in Article XIV of the Trea- SA 4922. Mr. KIRK submitted an amend- States against limited ballistic missile at- ty include a ‘‘build-up in the missile defense ment intended to be proposed to amendment tack, whether accidental, unauthorized, or capabilities of the United States of America SA 4904 proposed by Mr. CORKER to Treaty deliberate. Thirty ground-based interceptors such that it would give rise to a threat to Doc. 111—5, Treaty between the United based at Fort Greely, Alaska, and Vanden- the strategic nuclear potential of the Rus- States of America and the Russian Federa- berg Air Force Base, California, are now de- sian Federation.’’ Article XIV(3), as you tion on Measures for the Further Reduction fending the nation. All United States missile know, gives each Party the right to with- and Limitation of Strategic Offensive Arms, defense programs—including all phases of draw from the Treaty if it believes its su- signed in Prague on April 8, 2010, with Pro- the European Phased Adaptive Approach to preme interests are jeopardized. tocol. missile defense (EPAA) and programs to de- The United States did not and does not SA 4923. Mr. REID (for Mrs. GILLIBRAND fend United States deployed forces, allies, agree with the Russian statement, We be- (for herself and Mr. SCHUMER)) proposed an and partners against regional threats—are lieve that the continued development and de- amendment to the bill H.R. 847, to amend the consistent with this policy. ployment of U.S. missile defense systems, in- Public Health Service Act to extend and im- The New START Treaty places no limita- cluding qualitative and quantitative im- prove protections and services to individuals tions on the development or deployment of provements to such systems, do not and will

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not threaten the strategic balance with the ‘‘PART 2—WTC SURVIVORS have been exposed to airborne toxins that Russian Federation, and have provided pol- ‘‘Sec. 3321. Identification and initial were released, or to other hazards, as a result icy and technical explanations to Russia on health evaluation of screening- of the September 11, 2001, terrorist attacks. why we believe that to be the case. Although eligible and certified-eligible ‘‘(2) INITIAL HEALTH EVALUATION FOR SUR- the United States cannot circumscribe Rus- WTC survivors. VIVORS.—An initial health evaluation under sia’s sovereign rights under Article XIV(3), ‘‘Sec. 3322. Followup monitoring and section 3321, including an evaluation to de- we believe that the continued improvement treatment of certified-eligible termine eligibility for followup monitoring and deployment of U.S. missile defense sys- WTC survivors for WTC-related and treatment. tems do not constitute a basis for ques- health conditions. ‘‘(3) FOLLOWUP MONITORING AND TREATMENT tioning the effectiveness and viability of the ‘‘Sec. 3323. Followup monitoring and FOR WTC-RELATED HEALTH CONDITIONS FOR RE- New START Treaty, and therefore would not treatment of other individuals SPONDERS AND SURVIVORS.—Provision under give rise to circumstances justifying Rus- with WTC-related health condi- sections 3312, 3322, and 3323 of followup moni- sia’s withdrawal from the Treaty. tions. toring and treatment and payment, subject Regardless of Russia’s actions in this re- to the provisions of subsection (d), for all ‘‘PART 3—PAYOR PROVISIONS gard, as long as I am President, and as long medically necessary health and mental as the Congress provides the necessary fund- ‘‘Sec. 3331. Payment of claims. health care expenses of an individual with ing, the United States will continue to de- ‘‘Sec. 3332. Administrative arrangement respect to a WTC-related health condition velop and deploy effective missile defenses to authority. (including necessary prescription drugs). protect the United States, our deployed ‘‘Subtitle C—Research Into Conditions ‘‘(4) OUTREACH.—Establishment under sec- forces, and our allies and partners. My Ad- ‘‘Sec. 3341. Research regarding certain tion 3303 of an education and outreach pro- ministration plans to deploy all four phases health conditions related to gram to potentially eligible individuals con- of the EPAA. While advances of technology September 11 terrorist attacks. cerning the benefits under this title. or future changes in the threat could modify ‘‘Sec. 3342. World Trade Center Health ‘‘(5) CLINICAL DATA COLLECTION AND ANAL- the details or timing of the later phases of Registry. YSIS.—Collection and analysis under section the EPAA—one reason this approach is ‘‘Subtitle D—Funding 3304 of health and mental health data relat- called ‘‘adaptive’’—I will take every action ing to individuals receiving monitoring or ‘‘Sec. 3351. World Trade Center Health available to me to support the deployment of treatment benefits in a uniform manner in Program Fund. all four phases. collaboration with the collection of epide- Sincerely, TITLE II—SEPTEMBER 11TH VICTIM miological data under section 3342. BARACK OBAMA. COMPENSATION FUND OF 2001 ‘‘(6) RESEARCH ON HEALTH CONDITIONS.—Es- Sec. 201. Definitions. tablishment under subtitle C of a research SA 4923. Mr. REID (for Mrs. GILLI- Sec. 202. Extended and expanded eligibility program on health conditions resulting from BRAND (for herself and Mr. SCHUMER)) for compensation. the September 11, 2001, terrorist attacks. proposed an amendment to the bill Sec. 203. Requirement to update regulations. ‘‘(c) NO COST SHARING.—Monitoring and Sec. 204. Limited liability for certain treatment benefits and initial health evalua- H.R. 847, to amend the Public Health tion benefits are provided under subtitle B Service Act to extend and improve pro- claims. Sec. 205. Funding; attorney fees. without any deductibles, copayments, or tections and services to individual di- other cost sharing to an enrolled WTC re- TITLE III—REVENUE RELATED rectly impacted by the terrorist attack sponder or certified-eligible WTC survivor. PROVISIONS in New York City on September 11, Initial health evaluation benefits are pro- Sec. 301. Excise tax on foreign procurement. 2001, and for other purposes; as follows: vided under subtitle B without any Sec. 302. Renewal of fees for visa-dependent deductibles, copayments, or other cost shar- Strike all after the enacting clause and in- employers. ing to a screening-eligible WTC survivor. sert the following: TITLE IV—BUDGETARY EFFECTS ‘‘(d) PREVENTING FRAUD AND UNREASON- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ABLE ADMINISTRATIVE COSTS.— Sec. 401. Compliance with Statutory Pay- (a) SHORT TITLE.—This Act may be cited as ‘‘(1) FRAUD.—The Inspector General of the As-You-Go Act of 2010. the ‘‘James Zadroga 9/11 Health and Com- Department of Health and Human Services pensation Act of 2010’’. TITLE I—WORLD TRADE CENTER HEALTH shall develop and implement a program to (b) TABLE OF CONTENTS.—The table of con- PROGRAM review the WTC Program’s health care ex- tents of this Act is as follows: SEC. 101. WORLD TRADE CENTER HEALTH PRO- penditures to detect fraudulent or duplicate Sec. 1. Short title; table of contents. GRAM. billing and payment for inappropriate serv- TITLE I—WORLD TRADE CENTER The Public Health Service Act is amended ices. This title is a Federal health care pro- HEALTH PROGRAM by adding at the end the following new title: gram (as defined in section 1128B(f) of the So- cial Security Act) and is a health plan (as de- Sec. 101. World Trade Center Health Pro- ‘‘TITLE XXXIII—WORLD TRADE CENTER fined in section 1128C(c) of such Act) for pur- gram. HEALTH PROGRAM poses of applying sections 1128 through 1128E ‘‘Subtitle A—Establishment of Program; ‘‘TITLE XXXIII—WORLD TRADE CENTER of such Act. Advisory Committee HEALTH PROGRAM ‘‘(2) UNREASONABLE ADMINISTRATIVE ‘‘Subtitle A—Establishment of Program; ‘‘SEC. 3301. ESTABLISHMENT OF WORLD TRADE COSTS.—The Inspector General of the Depart- Advisory Committee CENTER HEALTH PROGRAM. ment of Health and Human Services shall de- ‘‘(a) IN GENERAL.—There is hereby estab- ‘‘Sec. 3301. Establishment of World velop and implement a program to review lished within the Department of Health and Trade Center Health Program. the WTC Program for unreasonable adminis- Human Services a program to be known as ‘‘Sec. 3302. WTC Health Program Sci- trative costs, including with respect to infra- the World Trade Center Health Program, entific/Technical Advisory structure, administration, and claims proc- which shall be administered by the WTC Pro- Committee; WTC Health Pro- essing. gram Administrator, to provide beginning on gram Steering Committees. ‘‘(e) QUALITY ASSURANCE.—The WTC Pro- July 1, 2011— ‘‘Sec. 3303. Education and outreach. gram Administrator working with the Clin- ‘‘Sec. 3304. Uniform data collection and ‘‘(1) medical monitoring and treatment ical Centers of Excellence shall develop and analysis. benefits to eligible emergency responders implement a quality assurance program for ‘‘Sec. 3305. Clinical Centers of Excel- and recovery and cleanup workers (including the monitoring and treatment delivered by lence and Data Centers. those who are Federal employees) who re- such Centers of Excellence and any other ‘‘Sec. 3306. Definitions. sponded to the September 11, 2001, terrorist participating health care providers. Such attacks; and program shall include— ‘‘Subtitle B—Program of Monitoring, Initial ‘‘(2) initial health evaluation, monitoring, ‘‘(1) adherence to monitoring and treat- Health Evaluations, and Treatment and treatment benefits to residents and ment protocols; ‘‘PART 1—WTC RESPONDERS other building occupants and area workers in ‘‘(2) appropriate diagnostic and treatment ‘‘Sec. 3311. Identification of WTC re- New York City who were directly impacted referrals for participants; sponders and provision of WTC- and adversely affected by such attacks. ‘‘(3) prompt communication of test results related monitoring services. ‘‘(b) COMPONENTS OF PROGRAM.—The WTC to participants; and ‘‘Sec. 3312. Treatment of enrolled WTC Program includes the following components: ‘‘(4) such other elements as the Adminis- responders for WTC-related ‘‘(1) MEDICAL MONITORING FOR RESPOND- trator specifies in consultation with the health conditions. ERS.—Medical monitoring under section 3311, Clinical Centers of Excellence. ‘‘Sec. 3313. National arrangement for including clinical examinations and long- ‘‘(f) ANNUAL PROGRAM REPORT.— benefits for eligible individuals term health monitoring and analysis for en- ‘‘(1) IN GENERAL.—Not later than 6 months outside New York. rolled WTC responders who were likely to after the end of each fiscal year in which the

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WTC Program is in operation, the WTC Pro- ‘‘(g) NOTIFICATION TO CONGRESS UPON ‘‘(B) WTC SURVIVORS STEERING COM- gram Administrator shall submit an annual REACHING 80 PERCENT OF ELIGIBILITY NUMER- MITTEE.—One Steering Committee, to be report to the Congress on the operations of ICAL LIMITS.—The Secretary shall promptly known as the WTC Survivors Steering Com- this title for such fiscal year and for the en- notify the Congress of each of the following: mittee, for the purpose of receiving input tire period of operation of the program. ‘‘(1) When the number of enrollments of from affected stakeholders and facilitating ‘‘(2) CONTENTS INCLUDED IN REPORT.—Each WTC responders subject to the limit estab- the coordination of initial health evalua- annual report under paragraph (1) shall in- lished under section 3311(a)(4) has reached 80 tions, monitoring, and treatment programs clude at least the following: percent of such limit. for screening-eligible and certified-eligible ‘‘(A) ELIGIBLE INDIVIDUALS.—Information ‘‘(2) When the number of certifications for WTC survivors under part 2 of subtitle B. for each clinical program described in para- certified-eligible WTC survivors subject to ‘‘(2) MEMBERSHIP.— graph (3)— the limit established under section 3321(a)(3) ‘‘(A) WTC RESPONDERS STEERING COM- ‘‘(i) on the number of individuals who ap- has reached 80 percent of such limit. MITTEE.— plied for certification under subtitle B and ‘‘(h) CONSULTATION.—The WTC Program ‘‘(i) REPRESENTATION.—The WTC Respond- the number of such individuals who were so Administrator shall engage in ongoing out- ers Steering Committee shall include— certified; reach and consultation with relevant stake- ‘‘(I) representatives of the Centers of Ex- ‘‘(ii) of the individuals who were certified, holders, including the WTC Health Program cellence providing services to WTC respond- on the number who received monitoring Steering Committees and the Advisory Com- ers; under the program and the number of such mittee under section 3302, regarding the im- ‘‘(II) representatives of labor organizations individuals who received medical treatment plementation and improvement of programs representing firefighters, police, other New under the program; under this title. York City employees, and recovery and ‘‘(iii) with respect to individuals so cer- ‘‘SEC. 3302. WTC HEALTH PROGRAM SCIENTIFIC/ cleanup workers who responded to the Sep- tified who received such treatment, on the TECHNICAL ADVISORY COMMITTEE; tember 11, 2001, terrorist attacks; and WTC-related health conditions for which WTC HEALTH PROGRAM STEERING ‘‘(III) 3 representatives of New York City, 1 COMMITTEES. they were treated; and of whom will be selected by the police com- ‘‘(a) ADVISORY COMMITTEE.— ‘‘(iv) on the projected number of individ- missioner of New York City, 1 by the health ‘‘(1) ESTABLISHMENT.—The WTC Program uals who will be certified under subtitle B in commissioner of New York City, and 1 by the Administrator shall establish an advisory the succeeding fiscal year and the succeeding mayor of New York City. committee to be known as the WTC Health 10-year period. ‘‘(ii) INITIAL MEMBERSHIP.—The WTC Re- Program Scientific/Technical Advisory Com- ‘‘(B) MONITORING, INITIAL HEALTH EVALUA- sponders Steering Committee shall initially mittee (in this subsection referred to as the TION, AND TREATMENT COSTS.—For each clin- be composed of members of the WTC Moni- ‘Advisory Committee’) to review scientific ical program so described— toring and Treatment Program Steering and medical evidence and to make rec- ‘‘(i) information on the costs of monitoring Committee (as in existence on the day before ommendations to the Administrator on addi- and initial health evaluation and the costs of the date of the enactment of this title). tional WTC Program eligibility criteria and treatment and on the estimated costs of such ‘‘(B) WTC SURVIVORS STEERING COM- on additional WTC-related health conditions. monitoring, evaluation, and treatment in MITTEE.— ‘‘(2) COMPOSITION.—The WTC Program Ad- the succeeding fiscal year; and ‘‘(i) REPRESENTATION.—The WTC Survivors ministrator shall appoint the members of the ‘‘(ii) an estimate of the cost of medical Steering Committee shall include represent- Advisory Committee and shall include at treatment for WTC-related health conditions atives of— least— that have been paid for or reimbursed by ‘‘(I) the Centers of Excellence providing ‘‘(A) 4 occupational physicians, at least 2 workers’ compensation, by public or private services to screening-eligible and certified- of whom have experience treating WTC res- health plans, or by New York City under sec- eligible WTC survivors; cue and recovery workers; tion 3331. ‘‘(II) the population of residents, students, ‘‘(B) 1 physician with expertise in pul- ‘‘(C) ADMINISTRATIVE COSTS.—Information and area and other workers affected by the monary medicine; on the cost of administering the program, in- September 11, 2001, terrorist attacks; ‘‘(C) 2 environmental medicine or environ- cluding costs of program support, data col- ‘‘(III) screening-eligible and certified-eligi- mental health specialists; lection and analysis, and research conducted ble survivors receiving initial health evalua- ‘‘(D) 2 representatives of WTC responders; under the program. tions, monitoring, or treatment under part 2 ‘‘(E) 2 representatives of certified-eligible ‘‘(D) ADMINISTRATIVE EXPERIENCE.—Infor- of subtitle B and organizations advocating WTC survivors; mation on the administrative performance of on their behalf; and ‘‘(F) an industrial hygienist; the program, including— ‘‘(IV) New York City. ‘‘(G) a toxicologist; ‘‘(i) the performance of the program in pro- ‘‘(ii) INITIAL MEMBERSHIP.—The WTC Sur- ‘‘(H) an epidemiologist; and viding timely evaluation of and treatment to vivors Steering Committee shall initially be ‘‘(I) a mental health professional. eligible individuals; and composed of members of the WTC Environ- EETINGS.—The Advisory Committee ‘‘(ii) a list of the Clinical Centers of Excel- ‘‘(3) M mental Health Center Survivor Advisory lence and other providers that are partici- shall meet at such frequency as may be re- Committee (as in existence on the day before pating in the program. quired to carry out its duties. the date of the enactment of this title). ‘‘(4) REPORTS.—The WTC Program Admin- ‘‘(E) SCIENTIFIC REPORTS.—A summary of ‘‘(C) ADDITIONAL APPOINTMENTS.—Each the findings of any new scientific reports or istrator shall provide for publication of Steering Committee may recommend, if ap- studies on the health effects associated with commendations of the Advisory Com- proved by a majority of voting members of exposure described in section 3306(1), includ- mittee on the public Web site estab- the Committee, additional members to the ing the findings of research conducted under lished for the WTC Program. Committee. section 3341(a). ‘‘(5) DURATION.—Notwithstanding any ‘‘(D) VACANCIES.—A vacancy in a Steering ‘‘(F) ADVISORY COMMITTEE RECOMMENDA- other provision of law, the Advisory Com- Committee shall be filled by an individual TIONS.—A list of recommendations by the mittee shall continue in operation during recommended by the Steering Committee. WTC Scientific/Technical Advisory Com- the period in which the WTC Program is in ‘‘SEC. 3303. EDUCATION AND OUTREACH. mittee on additional WTC Program eligi- operation. ‘‘The WTC Program Administrator shall bility criteria and on additional WTC-related ‘‘(6) APPLICATION OF FACA.—Except as oth- institute a program that provides education health conditions and the action of the WTC erwise specifically provided, the Advisory and outreach on the existence and avail- Program Administrator concerning each Committee shall be subject to the Federal ability of services under the WTC Program. such recommendation. Advisory Committee Act. The outreach and education program— ‘‘(3) SEPARATE CLINICAL PROGRAMS DE- ‘‘(b) WTC HEALTH PROGRAM STEERING COM- ‘‘(1) shall include— SCRIBED.—In paragraph (2), each of the fol- MITTEES.— ‘‘(A) the establishment of a public Web site lowing shall be treated as a separate clinical ‘‘(1) CONSULTATION.—The WTC Program with information about the WTC Program; program of the WTC Program: Administrator shall consult with 2 steering ‘‘(B) meetings with potentially eligible ‘‘(A) FIREFIGHTERS AND RELATED PER- committees (each in this section referred to populations; SONNEL.—The benefits provided for enrolled as a ‘Steering Committee’) that are estab- ‘‘(C) development and dissemination of WTC responders described in section lished as follows: outreach materials informing people about 3311(a)(2)(A). ‘‘(A) WTC RESPONDERS STEERING COM- the program; and ‘‘(B) OTHER WTC RESPONDERS.—The benefits MITTEE.—One Steering Committee, to be ‘‘(D) the establishment of phone informa- provided for enrolled WTC responders not de- known as the WTC Responders Steering tion services; and scribed in subparagraph (A). Committee, for the purpose of receiving ‘‘(2) shall be conducted in a manner in- ‘‘(C) WTC SURVIVORS.—The benefits pro- input from affected stakeholders and facili- tended— vided for screening-eligible WTC survivors tating the coordination of monitoring and ‘‘(A) to reach all affected populations; and and certified-eligible WTC survivors in sec- treatment programs for the enrolled WTC re- ‘‘(B) to include materials for culturally tion 3321(a). sponders under part 1 of subtitle B. and linguistically diverse populations.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23534 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 ‘‘SEC. 3304. UNIFORM DATA COLLECTION AND ‘‘(i) for receiving, analyzing, and reporting title that are accessible to enrolled WTC re- ANALYSIS. to the WTC Program Administrator on data, sponders, screening-eligible WTC survivors, ‘‘(a) IN GENERAL.—The WTC Program Ad- in accordance with section 3304, that have or certified-eligible WTC survivors; ministrator shall provide for the uniform been collected and reported to such Data ‘‘(ii) has experience in caring for WTC re- collection of data, including claims data Centers by the corresponding Clinical Cen- sponders and screening-eligible WTC sur- (and analysis of data and regular reports to ters of Excellence under subsection vivors or includes health care providers who the Administrator) on the prevalence of (b)(1)(B)(iii); have been trained pursuant to section WTC-related health conditions and the iden- ‘‘(ii) for the development of monitoring, 3313(c); tification of new WTC-related health condi- initial health evaluation, and treatment pro- ‘‘(iii) employs health care provider staff tions. Such data shall be collected for all in- tocols, with respect to WTC-related health with expertise that includes, at a minimum, dividuals provided monitoring or treatment conditions; occupational medicine, environmental medi- benefits under subtitle B and regardless of ‘‘(iii) for coordinating the outreach activi- cine, trauma-related psychiatry and psy- their place of residence or Clinical Center of ties conducted under paragraph (1)(B) by chology, and social services counseling; and Excellence through which the benefits are each corresponding Clinical Center of Excel- ‘‘(iv) meets such other requirements as provided. The WTC Program Administrator lence; specified by the Administrator. shall provide, through the Data Centers or ‘‘(iv) for establishing criteria for the ‘‘(B) CONTRACT REQUIREMENTS.—The WTC otherwise, for the integration of such data credentialing of medical providers partici- Program Administrator shall not enter into into the monitoring and treatment program pating in the nationwide network under sec- a contract with a Clinical Center of Excel- activities under this title. tion 3313; lence under subsection (a)(1) unless the Cen- ‘‘(b) COORDINATING THROUGH CENTERS OF ‘‘(v) for coordinating and administering ter agrees to do each of the following: EXCELLENCE.—Each Clinical Center of Excel- the activities of the WTC Health Program ‘‘(i) Establish a formal mechanism for con- lence shall collect data described in sub- Steering Committees established under sec- sulting with and receiving input from rep- section (a) and report such data to the cor- tion 3002(b); and resentatives of eligible populations receiving responding Data Center for analysis by such ‘‘(vi) for meeting periodically with the cor- monitoring and treatment benefits under Data Center. responding Clinical Centers of Excellence to subtitle B from such Center. ‘‘(c) COLLABORATION WITH WTC HEALTH obtain input on the analysis and reporting of ‘‘(ii) Coordinate monitoring and treatment REGISTRY.—The WTC Program Adminis- data collected under clause (i) and on the de- benefits under subtitle B with routine med- trator shall provide for collaboration be- velopment of monitoring, initial health eval- ical care provided for the treatment of condi- tween the Data Centers and the World Trade uation, and treatment protocols under clause tions other than WTC-related health condi- Center Health Registry described in section (ii). tions. 3342. ‘‘(B) MEDICAL PROVIDER SELECTION.—The ‘‘(iii) Collect and report to the cor- ‘‘(d) PRIVACY.—The data collection and medical providers under subparagraph (A)(iv) responding Data Center data, including analysis under this section shall be con- shall be selected by the WTC Program Ad- claims data, in accordance with section ducted and maintained in a manner that pro- ministrator on the basis of their experience 3304(b). tects the confidentiality of individually treating or diagnosing the health conditions ‘‘(iv) Have in place safeguards against identifiable health information consistent included in the list of WTC-related health fraud that are satisfactory to the Adminis- with applicable statutes and regulations, in- conditions. trator, in consultation with the Inspector cluding, as applicable, HIPAA privacy and ‘‘(C) CLINICAL DISCUSSIONS.—In carrying General of the Department of Health and security law (as defined in section 3009(a)(2)) out subparagraph (A)(ii), a Data Center shall Human Services. and section 552a of title 5, United States engage in clinical discussions across the ‘‘(v) Treat or refer for treatment all indi- Code. WTC Program to guide treatment ap- viduals who are enrolled WTC responders or ‘‘SEC. 3305. CLINICAL CENTERS OF EXCELLENCE proaches for individuals with a WTC-related certified-eligible WTC survivors with respect AND DATA CENTERS. health condition. to such Center who present themselves for ‘‘(a) IN GENERAL.— ‘‘(D) TRANSPARENCY OF DATA.—A contract treatment of a WTC-related health condi- ‘‘(1) CONTRACTS WITH CLINICAL CENTERS OF entered into under this subsection with a tion. EXCELLENCE.—The WTC Program Adminis- Data Center shall require the Data Center to ‘‘(vi) Have in place safeguards, consistent trator shall, subject to subsection (b)(1)(B), make any data collected and reported to with section 3304(c), to ensure the confiden- enter into contracts with Clinical Centers of such Center under subsection (b)(1)(B)(iii) tiality of an individual’s individually identi- Excellence (as defined in subsection available to health researchers and others as fiable health information, including requir- (b)(1)(A))— provided in the CDC/ATSDR Policy on Re- ing that such information not be disclosed to ‘‘(A) for the provision of monitoring and leasing and Sharing Data. the individual’s employer without the au- treatment benefits and initial health evalua- ‘‘(3) AUTHORITY FOR CONTRACTS TO BE CLASS thorization of the individual. tion benefits under subtitle B; SPECIFIC.—A contract entered into under this ‘‘(vii) Use amounts paid under subsection ‘‘(B) for the provision of outreach activi- subsection with a Clinical Center of Excel- (c)(1) only for costs incurred in carrying out ties to individuals eligible for such moni- lence or a Data Center may be with respect the activities described in subsection (a), toring and treatment benefits, for initial to one or more class of enrolled WTC re- other than those described in subsection health evaluation benefits, and for followup sponders, screening-eligible WTC survivors, (a)(1)(A). to individuals who are enrolled in the moni- or certified-eligible WTC survivors. ‘‘(viii) Utilize health care providers with toring program; ‘‘(4) USE OF COOPERATIVE AGREEMENTS.— occupational and environmental medicine ‘‘(C) for the provision of counseling for Any contract under this title between the expertise to conduct physical and mental benefits under subtitle B, with respect to WTC Program Administrator and a Data health assessments, in accordance with pro- WTC-related health conditions, for individ- Center or a Clinical Center of Excellence tocols developed under subsection uals eligible for such benefits; may be in the form of a cooperative agree- (a)(2)(A)(ii). ‘‘(D) for the provision of counseling for ment. ‘‘(ix) Communicate with WTC responders benefits for WTC-related health conditions ‘‘(5) REVIEW ON FEASIBILITY OF CONSOLI- and screening-eligible and certified-eligible that may be available under workers’ com- DATING DATA CENTERS.—Not later than July WTC survivors in appropriate languages and pensation or other benefit programs for 1, 2011, the Comptroller General of the conduct outreach activities with relevant work-related injuries or illnesses, health in- United States shall submit to the Committee stakeholder worker or community associa- surance, disability insurance, or other insur- on Energy and Commerce of the House of tions. ance plans or through public or private so- Representatives and the Committee on ‘‘(x) Meet all the other applicable require- cial service agencies and assisting eligible Health, Education, Labor, and Pensions of ments of this title, including regulations im- individuals in applying for such benefits; the Senate a report on the feasibility of con- plementing such requirements. ‘‘(E) for the provision of translational and solidating Data Centers into a single Data ‘‘(C) TRANSITION RULE TO ENSURE CON- interpretive services for program partici- Center. TINUITY OF CARE.—The WTC Program Admin- pants who are not English language pro- ‘‘(b) CENTERS OF EXCELLENCE.— istrator shall to the maximum extent fea- ficient; and ‘‘(1) CLINICAL CENTERS OF EXCELLENCE.— sible ensure continuity of care in any period ‘‘(F) for the collection and reporting of ‘‘(A) DEFINITION.—For purposes of this of transition from monitoring and treatment data, including claims data, in accordance title, the term ‘Clinical Center of Excellence’ of an enrolled WTC responder or certified-eli- with section 3304. means a Center that demonstrates to the gible WTC survivor by a provider to a Clin- ‘‘(2) CONTRACTS WITH DATA CENTERS.— satisfaction of the Administrator that the ical Center of Excellence or a health care ‘‘(A) IN GENERAL.—The WTC Program Ad- Center— provider participating in the nationwide net- ministrator shall enter into contracts with ‘‘(i) uses an integrated, centralized health work under section 3313. one or more Data Centers (as defined in sub- care provider approach to create a com- ‘‘(2) DATA CENTERS.—For purposes of this section (b)(2))— prehensive suite of health services under this title, the term ‘Data Center’ means a Center

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23535 that the WTC Program Administrator deter- ‘‘(A) for WTC responders, the health condi- ‘‘Subtitle B—Program of Monitoring, Initial mines has the capacity to carry out the re- tions listed in section 3312(a)(3); and Health Evaluations, and Treatment sponsibilities for a Data Center under sub- ‘‘(B) for screening-eligible and certified-eli- ‘‘PART 1—WTC RESPONDERS section (a)(2). gible WTC survivors, the health conditions ‘‘SEC. 3311. IDENTIFICATION OF WTC RESPOND- ‘‘(3) CORRESPONDING CENTERS.—For pur- listed in section 3322(b). ERS AND PROVISION OF WTC-RE- poses of this title, a Clinical Center of Excel- ‘‘(7) The term ‘New York City disaster LATED MONITORING SERVICES. lence and a Data Center shall be treated as area’ means the area within New York City ‘‘(a) WTC RESPONDER DEFINED.— ‘corresponding’ to the extent that such Clin- that is— ‘‘(1) IN GENERAL.—For purposes of this ical Center and Data Center serve the same ‘‘(A) the area of Manhattan that is south of title, the term ‘WTC responder’ means any of population group. the following individuals, subject to para- Houston Street; and ‘‘(c) PAYMENT FOR INFRASTRUCTURE graph (4): ‘‘(B) any block in Brooklyn that is wholly COSTS.— ‘‘(A) CURRENTLY IDENTIFIED RESPONDER.— or partially contained within a 1.5-mile ra- ‘‘(1) IN GENERAL.—The WTC Program Ad- An individual who has been identified as eli- ministrator shall reimburse a Clinical Cen- dius of the former World Trade Center site. gible for monitoring under the arrangements ter of Excellence for the fixed infrastructure ‘‘(8) The term ‘New York metropolitan as in effect on the date of the enactment of costs of such Center in carrying out the ac- area’ means an area, specified by the WTC this title between the National Institute for tivities described in subtitle B at a rate ne- Program Administrator, within which WTC Occupational Safety and Health and— gotiated by the Administrator and such Cen- responders and eligible WTC screening-eligi- ‘‘(i) the consortium coordinated by Mt. ters. Such negotiated rate shall be fair and ble survivors who reside in such area are rea- Sinai Hospital in New York City that coordi- appropriate and take into account the num- sonably able to access monitoring and treat- nates the monitoring and treatment for en- ber of enrolled WTC responders receiving ment benefits and initial health evaluation rolled WTC responders other than with re- services from such Center under this title. benefits under this title through a Clinical spect to those covered under the arrange- ‘‘(2) FIXED INFRASTRUCTURE COSTS.—For Center of Excellence described in subpara- ment with the Fire Department of New York purposes of paragraph (1), the term ‘fixed in- graphs (A), (B), or (C) of section 3305(b)(1). City; or frastructure costs’ means, with respect to a ‘‘(9) The term ‘screening-eligible WTC sur- ‘‘(ii) the Fire Department of New York Clinical Center of Excellence, the costs in- City. curred by such Center that are not otherwise vivor’ has the meaning given such term in ‘‘(B) RESPONDER WHO MEETS CURRENT ELIGI- reimbursable by the WTC Program Adminis- section 3321(a)(1). BILITY CRITERIA.—An individual who meets trator under section 3312(c) for patient eval- ‘‘(10) Any reference to ‘September 11, 2001’ the current eligibility criteria described in uation, monitoring, or treatment but which shall be deemed a reference to the period on paragraph (2). are needed to operate the WTC program such such date subsequent to the terrorist attacks ‘‘(C) RESPONDER WHO MEETS MODIFIED ELIGI- as the costs involved in outreach to partici- at the World Trade Center, Shanksville, BILITY CRITERIA.—An individual who— pants or recruiting participants, data collec- Pennsylvania, or the Pentagon, as applica- ‘‘(i) performed rescue, recovery, demoli- tion and analysis, social services for coun- ble, on such date. tion, debris cleanup, or other related services seling patients on other available assistance ‘‘(11) The term ‘September 11, 2001, ter- in the New York City disaster area in re- outside the WTC program, and the develop- rorist attacks’ means the terrorist attacks sponse to the September 11, 2001, terrorist ment of treatment protocols. Such term does that occurred on September 11, 2001, in New attacks, regardless of whether such services not include costs for new construction or York City, in Shanksville, Pennsylvania, and were performed by a State or Federal em- other capital costs. at the Pentagon, and includes the aftermath ‘‘(d) GAO ANALYSIS.—Not later than July 1, ployee or member of the National Guard or of such attacks. 2011, the Comptroller General shall submit to otherwise; and the Committee on Energy and Commerce of ‘‘(12) The term ‘WTC Health Program ‘‘(ii) meets such eligibility criteria relat- the House of Representatives and the Com- Steering Committee’ means such a Steering ing to exposure to airborne toxins, other haz- mittee on Health, Education, Labor, and Committee established under section 3302(b). ards, or adverse conditions resulting from Pensions of the Senate an analysis on wheth- ‘‘(13) The term ‘WTC Program’ means the the September 11, 2001, terrorist attacks as er Clinical Centers of Excellence with which Word Trade Center Health Program estab- the WTC Program Administrator, after con- the WTC Program Administrator enters into lished under section 3301(a). sultation with the WTC Scientific/Technical a contract under this section have financial ‘‘(14)(A) The term ‘WTC Program Adminis- Advisory Committee, determines appro- systems that will allow for the timely sub- trator’ means— priate. mission of claims data for purposes of sec- ‘‘(i) subject to subparagraph (B), with re- The WTC Program Administrator shall not tion 3304 and subsections (a)(1)(F) and spect to paragraphs (3) and (4) of section modify such eligibility criteria on or after (b)(1)(B)(iii). 3311(a) (relating to enrollment of WTC re- the date that the number of enrollments of WTC responders has reached 80 percent of ‘‘SEC. 3306. DEFINITIONS. sponders), section 3312(c) and the cor- the limit described in paragraph (4) or on or ‘‘In this title: responding provisions of section 3322 (relat- ‘‘(1) The term ‘aggravating’ means, with after the date that the number of certifi- ing to payment for initial health evaluation, respect to a health condition, a health condi- cations for certified-eligible WTC survivors tion that existed on September 11, 2001, and monitoring, and treatment, paragraphs under section 3321(a)(2)(B) has reached 80 per- that, as a result of exposure to airborne tox- (1)(C), (2)(B), and (3) of section 3321(a) (relat- cent of the limit described in section ins, any other hazard, or any other adverse ing to determination or certification of 3321(a)(3). condition resulting from the September 11, screening-eligible or certified-eligible WTC ‘‘(2) CURRENT ELIGIBILITY CRITERIA.—The 2001, terrorist attacks, requires medical responders), and part 3 of subtitle B (relating eligibility criteria described in this para- treatment that is (or will be) in addition to, to payor provisions), an official in the De- graph for an individual is that the individual more frequent than, or of longer duration partment of Health and Human Services, to is described in any of the following cat- than the medical treatment that would have be designated by the Secretary; and egories: been required for such condition in the ab- ‘‘(ii) with respect to any other provision of ‘‘(A) FIREFIGHTERS AND RELATED PER- sence of such exposure. this title, the Director of the National Insti- SONNEL.—The individual— ‘‘(2) The term ‘certified-eligible WTC sur- tute for Occupational Safety and Health, or ‘‘(i) was a member of the Fire Department vivor’ has the meaning given such term in a designee of such Director. of New York City (whether fire or emergency section 3321(a)(2). ‘‘(B) In no case may the Secretary des- personnel, active or retired) who partici- ‘‘(3) The terms ‘Clinical Center of Excel- ignate under subparagraph (A)(i) the Direc- pated at least one day in the rescue and re- lence’ and ‘Data Center’ have the meanings tor of the National Institute for Occupa- covery effort at any of the former World given such terms in section 3305. tional Safety and Health or a designee of Trade Center sites (including Ground Zero, ‘‘(4) The term ‘enrolled WTC responder’ such Director with respect to section 3322 Staten Island Landfill, and the New York means a WTC responder enrolled under sec- City Chief Medical Examiner’s Office) for (relating to payment for initial health eval- tion 3311(a)(3). any time during the period beginning on Sep- uation, monitoring, and treatment). ‘‘(5) The term ‘initial health evaluation’ tember 11, 2001, and ending on July 31, 2002; ‘‘(15) The term ‘WTC-related health condi- includes, with respect to an individual, a or medical and exposure history, a physical ex- tion’ is defined in section 3312(a). ‘‘(ii)(I) is a surviving immediate family amination, and additional medical testing as ‘‘(16) The term ‘WTC responder’ is defined member of an individual who was a member needed to evaluate whether the individual in section 3311(a). of the Fire Department of New York City has a WTC-related health condition and is el- ‘‘(17) The term ‘WTC Scientific/Technical (whether fire or emergency personnel, active igible for treatment under the WTC Pro- Advisory Committee’ means such Committee or retired) and was killed at the World Trade gram. established under section 3302(a). site on September 11, 2001; and ‘‘(6) The term ‘list of WTC-related health ‘‘(II) received any treatment for a WTC-re- conditions’ means— lated health condition described in section

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23536 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 3312(a)(1)(A)(ii) (relating to mental health ‘‘(II) was a member of a fire or police de- formation and subject to amounts available conditions) on or before September 1, 2008. partment (whether fire or emergency per- under section 3351, that will ensure sufficient ‘‘(B) LAW ENFORCEMENT OFFICERS AND WTC sonnel, active or retired), worked for a recov- funds will be available to provide treatment RESCUE, RECOVERY, AND CLEANUP WORKERS.— ery or cleanup contractor, or was a volun- and monitoring benefits under this title, The individual— teer; and performed rescue, recovery, demoli- with respect to all individuals who are en- ‘‘(i) worked or volunteered onsite in res- tion, debris cleanup, or other related services rolled through the end of fiscal year 2020; and cue, recovery, debris cleanup, or related sup- at the Shanksville, Pennsylvania, site of the ‘‘(ii) provide priority (subject to paragraph port services in lower Manhattan (south of terrorist-related aircraft crash of September (3)(A)(i)) in such enrollments in the order in Canal St.), the Staten Island Landfill, or the 11, 2001, during the period beginning on Sep- which individuals apply for enrollment under barge loading piers, for at least 4 hours dur- tember 11, 2001, and ending on the date on paragraph (3). ing the period beginning on September 11, which the cleanup of the site was concluded, ‘‘(5) DISQUALIFICATION OF INDIVIDUALS ON 2001, and ending on September 14, 2001, for at as determined by the WTC Program Admin- TERRORIST WATCH LIST.—No individual who is least 24 hours during the period beginning on istrator; and on the terrorist watch list maintained by the September 11, 2001, and ending on September ‘‘(ii) is determined by the WTC Program Department of Homeland Security shall 30, 2001, or for at least 80 hours during the pe- Administrator to be at an increased risk of qualify as an eligible WTC responder. Before riod beginning on September 11, 2001, and developing a WTC-related health condition enrolling any individual as a WTC responder ending on July 31, 2002; as a result of exposure to airborne toxins, ‘‘(ii)(I) was a member of the Police Depart- other hazards, or adverse conditions result- in the WTC Program under paragraph (3), the ment of New York City (whether active or ing from the September 11, 2001, terrorist at- Administrator, in consultation with the Sec- retired) or a member of the Port Authority tacks, and meets such eligibility criteria re- retary of Homeland Security, shall deter- Police of the Port Authority of New York lated to such exposures, as the WTC Program mine whether the individual is on such list. and New Jersey (whether active or retired) Administrator determines are appropriate, ‘‘(b) MONITORING BENEFITS.— who participated onsite in rescue, recovery, after consultation with the WTC Scientific/ ‘‘(1) IN GENERAL.—In the case of an enrolled debris cleanup, or related services in lower Technical Advisory Committee. WTC responder (other than one described in Manhattan (south of Canal St.), including ‘‘(3) ENROLLMENT PROCESS.— subsection (a)(2)(A)(ii)), the WTC Program Ground Zero, the Staten Island Landfill, or ‘‘(A) IN GENERAL.—The WTC Program Ad- shall provide for monitoring benefits that in- the barge loading piers, for at least 4 hours ministrator shall establish a process for en- clude monitoring consistent with protocols during the period beginning September 11, rolling WTC responders in the WTC Program. approved by the WTC Program Adminis- 2001, and ending on September 14, 2001; Under such process— trator and including clinical examinations ‘‘(II) participated onsite in rescue, recov- ‘‘(i) WTC responders described in paragraph and long-term health monitoring and anal- ery, debris cleanup, or related services at (1)(A) shall be deemed to be enrolled in such ysis. In the case of an enrolled WTC re- Ground Zero, the Staten Island Landfill, or Program; sponder who is an active member of the Fire the barge loading piers, for at least one day ‘‘(ii) subject to clause (iii), the Adminis- Department of New York City, the responder during the period beginning on September 11, trator shall enroll in such program individ- shall receive such benefits as part of the in- 2001, and ending on July 31, 2002; uals who are determined to be WTC respond- ‘‘(III) participated onsite in rescue, recov- ers; dividual’s periodic company medical exams. ery, debris cleanup, or related services in ‘‘(iii) the Administrator shall deny such ‘‘(2) PROVISION OF MONITORING BENEFITS.— lower Manhattan (south of Canal St.) for at enrollment to an individual if the Adminis- The monitoring benefits under paragraph (1) least 24 hours during the period beginning on trator determines that the numerical limita- shall be provided through the Clinical Center September 11, 2001, and ending on September tion in paragraph (4) on enrollment of WTC of Excellence for the type of individual in- 30, 2001; or responders has been met; volved or, in the case of an individual resid- ‘‘(IV) participated onsite in rescue, recov- ‘‘(iv) there shall be no fee charged to the ing outside the New York metropolitan area, ery, debris cleanup, or related services in applicant for making an application for such under an arrangement under section 3313. lower Manhattan (south of Canal St.) for at enrollment; ‘‘SEC. 3312. TREATMENT OF ENROLLED WTC RE- least 80 hours during the period beginning on ‘‘(v) the Administrator shall make a deter- SPONDERS FOR WTC-RELATED September 11, 2001, and ending on July 31, mination on such an application not later HEALTH CONDITIONS. 2002; than 60 days after the date of filing the ap- ‘‘(iii) was an employee of the Office of the plication; and ‘‘(a) WTC-RELATED HEALTH CONDITION DE- Chief Medical Examiner of New York City ‘‘(vi) an individual who is denied enroll- FINED.— involved in the examination and handling of ment in such Program shall have an oppor- ‘‘(1) IN GENERAL.—For purposes of this human remains from the World Trade Center tunity to appeal such determination in a title, the term ‘WTC-related health condi- attacks, or other morgue worker who per- manner established under such process. tion’ means a condition that— formed similar post-September 11 functions ‘‘(B) TIMING.— ‘‘(A)(i) is an illness or health condition for for such Office staff, during the period begin- ‘‘(i) CURRENTLY IDENTIFIED RESPONDERS.— which exposure to airborne toxins, any other ning on September 11, 2001, and ending on In accordance with subparagraph (A)(i), the hazard, or any other adverse condition re- July 31, 2002; WTC Program Administrator shall enroll an sulting from the September 11, 2001, terrorist ‘‘(iv) was a worker in the Port Authority individual described in paragraph (1)(A) in attacks, based on an examination by a med- Trans-Hudson Corporation Tunnel for at the WTC Program not later than July 1, 2011. ical professional with experience in treating least 24 hours during the period beginning on ‘‘(ii) OTHER RESPONDERS.—In accordance or diagnosing the health conditions included February 1, 2002, and ending on July 1, 2002; with subparagraph (A)(ii) and consistent in the applicable list of WTC-related health or with paragraph (4), the WTC Program Ad- conditions, is substantially likely to be a ‘‘(v) was a vehicle-maintenance worker ministrator shall enroll any other individual significant factor in aggravating, contrib- who was exposed to debris from the former who is determined to be a WTC responder in uting to, or causing the illness or health con- World Trade Center while retrieving, driv- the WTC Program at the time of such deter- dition, as determined under paragraph (2); or ing, cleaning, repairing, and maintaining ve- mination. ‘‘(ii) is a mental health condition for which hicles contaminated by airborne toxins from ‘‘(4) NUMERICAL LIMITATION ON ELIGIBLE WTC such attacks, based on an examination by a the September 11, 2001, terrorist attacks dur- RESPONDERS.— medical professional with experience in ing a duration and period described in sub- ‘‘(A) IN GENERAL.—The total number of in- treating or diagnosing the health conditions paragraph (A). dividuals not described in paragraph (1)(A) or included in the applicable list of WTC-re- ‘‘(C) RESPONDERS TO THE SEPTEMBER 11 AT- (2)(A)(ii) who may be enrolled under para- lated health conditions, is substantially TACKS AT THE PENTAGON AND SHANKSVILLE, graph (3)(A)(ii) shall not exceed 25,000 at any PENNSYLVANIA.—The individual— time, of which no more than 2,500 may be in- likely to be a significant factor in aggra- ‘‘(i)(I) was a member of a fire or police de- dividuals enrolled based on modified eligi- vating, contributing to, or causing the condi- partment (whether fire or emergency per- bility criteria established under paragraph tion, as determined under paragraph (2); and sonnel, active or retired), worked for a recov- (1)(C). ‘‘(B) is included in the applicable list of ery or cleanup contractor, or was a volun- ‘‘(B) PROCESS.—In implementing subpara- WTC-related health conditions or— teer; and performed rescue, recovery, demoli- graph (A), the WTC Program Administrator ‘‘(i) with respect to a WTC responder, is tion, debris cleanup, or other related services shall— provided certification of coverage under sub- at the Pentagon site of the terrorist-related ‘‘(i) limit the number of enrollments made section (b)(2)(B)(iii); or aircraft crash of September 11, 2001, during under paragraph (3)— ‘‘(ii) with respect to a screening-eligible the period beginning on September 11, 2001, ‘‘(I) in accordance with such subparagraph; WTC survivor or certified-eligible WTC sur- and ending on the date on which the cleanup and vivor, is provided certification of coverage of the site was concluded, as determined by ‘‘(II) to such number, as determined by the under subsection (b)(2)(B)(iii), as applied the WTC Program Administrator; or Administrator based on the best available in- under section 3322(a).

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23537 In the case of a WTC responder described in musculoskeletal disorder on or before Sep- ‘‘(ii) publish a proposed rule in the Federal section 3311(a)(2)(A)(ii) (relating to a sur- tember 11, 2003, the list of health conditions Register to add such health condition, in ac- viving immediate family member of a fire- in paragraph (3) shall include: cordance with subparagraph (D); fighter), such term does not include an ill- ‘‘(i) Low back pain. ‘‘(iii) publish in the Federal Register the ness or health condition described in sub- ‘‘(ii) Carpal tunnel syndrome (CTS). Administrator’s determination not to pub- paragraph (A)(i). ‘‘(iii) Other musculoskeletal disorders. lish such a proposed rule and the basis for ‘‘(2) DETERMINATION.—The determination ‘‘(B) DEFINITION.—The term ‘WTC-related such determination; or under paragraph (1) or subsection (b) of musculoskeletal disorder’ means a chronic ‘‘(iv) publish in the Federal Register a de- whether the September 11, 2001, terrorist at- or recurrent disorder of the musculoskeletal termination that insufficient evidence exists tacks were substantially likely to be a sig- system caused by heavy lifting or repetitive to take action under clauses (i) through (iii). nificant factor in aggravating, contributing strain on the joints or musculoskeletal sys- ‘‘(C) ACTION BY ADVISORY COMMITTEE.—In to, or causing an individual’s illness or tem occurring during rescue or recovery ef- the case that the Administrator requests a health condition shall be made based on an forts in the New York City disaster area in recommendation of the Advisory Committee assessment of the following: the aftermath of the September 11, 2001, ter- under this paragraph, with respect to adding ‘‘(A) The individual’s exposure to airborne rorist attacks. a health condition to the list in paragraph toxins, any other hazard, or any other ad- ‘‘(5) CANCER.— (3), the Advisory Committee shall submit to verse condition resulting from the terrorist ‘‘(A) IN GENERAL.—The WTC Program Ad- the Administrator such recommendation not attacks. Such exposure shall be— ministrator shall periodically conduct a re- later than 60 days after the date of such re- ‘‘(i) evaluated and characterized through view of all available scientific and medical quest or by such date (not to exceed 180 days the use of a standardized, population-appro- evidence, including findings and rec- after such date of request) as specified by the priate questionnaire approved by the Direc- ommendations of Clinical Centers of Excel- Administrator. Not later than 60 days after tor of the National Institute for Occupa- lence, published in peer-reviewed journals to the date of receipt of such recommendation, tional Safety and Health; and determine if, based on such evidence, cancer the Administrator shall, in accordance with ‘‘(ii) assessed and documented by a medical or a certain type of cancer should be added subparagraph (D), publish in the Federal professional with experience in treating or to the applicable list of WTC-related health Register a proposed rule with respect to such diagnosing health conditions included on the conditions. The WTC Program Administrator recommendation or a determination not to propose such a proposed rule and the basis list of WTC-related health conditions. shall conduct the first review under this sub- for such determination. ‘‘(B) The type of symptoms and temporal paragraph not later than 180 days after the ‘‘(D) PUBLICATION.—The WTC Program Ad- sequence of symptoms. Such symptoms shall date of the enactment of this title. ministrator shall, with respect to any pro- be— ‘‘(B) PROPOSED REGULATIONS AND RULE- ‘‘(i) assessed through the use of a standard- posed rule under this paragraph— MAKING.—Based on the periodic reviews ‘‘(i) publish such proposed rule in accord- ized, population-appropriate medical ques- under subparagraph (A), if the WTC Program ance with section 553 of title 5, United States tionnaire approved by the Director of the Administrator determines that cancer or a Code; and National Institute for Occupational Safety certain type of cancer should be added to ‘‘(ii) provide interested parties a period of and Health and a medical examination; and such list of WTC-related health conditions, 30 days after such publication to submit ‘‘(ii) diagnosed and documented by a med- the WTC Program Administrator shall pro- ical professional described in subparagraph written comments on the proposed rule. pose regulations, through rulemaking, to add (A)(ii). cancer or the certain type of cancer to such The WTC Program Administrator may ex- ‘‘(3) LIST OF HEALTH CONDITIONS FOR WTC list. tend the period described in clause (ii) upon RESPONDERS.—The list of health conditions ‘‘(C) FINAL REGULATIONS.—Based on all the a finding of good cause. In the case of such for WTC responders consists of the following: available evidence in the rulemaking record, an extension, the Administrator shall pub- ‘‘(A) AERODIGESTIVE DISORDERS.— the WTC Program Administrator shall make lish such extension in the Federal Register. ‘‘(i) Interstitial lung diseases. a final determination of whether cancer or a ‘‘(E) INTERESTED PARTY DEFINED.—For pur- ‘‘(ii) Chronic respiratory disorder—fumes/ certain type of cancer should be added to poses of this paragraph, the term ‘interested vapors. such list of WTC-related health conditions. If party’ includes a representative of any orga- ‘‘(iii) Asthma. such a determination is made to make such nization representing WTC responders, a na- ‘‘(iv) Reactive airways dysfunction syn- tionally recognized medical association, a an addition, the WTC Program Adminis- drome (RADS). Clinical or Data Center, a State or political trator shall by regulation add cancer or the ‘‘(v) WTC-exacerbated chronic obstructive subdivision, or any other interested person. certain type of cancer to such list. pulmonary disease (COPD). ‘‘(b) COVERAGE OF TREATMENT FOR WTC-RE- ‘‘(D) DETERMINATIONS NOT TO ADD CANCER ‘‘(vi) Chronic cough syndrome. LATED HEALTH CONDITIONS.— OR CERTAIN TYPES OF CANCER.—In the case ‘‘(vii) Upper airway hyperreactivity. ‘‘(1) DETERMINATION FOR ENROLLED WTC RE- ‘‘(viii) Chronic rhinosinusitis. that the WTC Program Administrator deter- SPONDERS BASED ON A WTC-RELATED HEALTH ‘‘(ix) Chronic nasopharyngitis. mines under subparagraph (B) or (C) that CONDITION.— ‘‘(x) Chronic laryngitis. cancer or a certain type of cancer should not ‘‘(A) IN GENERAL.—If a physician at a Clin- ‘‘(xi) Gastroesophageal reflux disorder be added to such list of WTC-related health ical Center of Excellence that is providing (GERD). conditions, the WTC Program Administrator monitoring benefits under section 3311 for an ‘‘(xii) Sleep apnea exacerbated by or re- shall publish an explanation for such deter- enrolled WTC responder makes a determina- lated to a condition described in a previous mination in the Federal Register. Any such tion that the responder has a WTC-related clause. determination to not make such an addition health condition that is in the list in sub- ‘‘(B) MENTAL HEALTH CONDITIONS.— shall not preclude the addition of cancer or section (a)(3) and that exposure to airborne ‘‘(i) Posttraumatic stress disorder (PTSD). the certain type of cancer to such list at a toxins, other hazards, or adverse conditions ‘‘(ii) Major depressive disorder. later date. resulting from the September 1, 2001, ter- ‘‘(iii) Panic disorder. ‘‘(6) ADDITION OF HEALTH CONDITIONS TO rorist attacks is substantially likely to be a ‘‘(iv) Generalized anxiety disorder. LIST FOR WTC RESPONDERS.— significant factor in aggravating, contrib- ‘‘(v) Anxiety disorder (not otherwise speci- ‘‘(A) IN GENERAL.—Whenever the WTC Pro- uting to, or causing the condition— fied). gram Administrator determines that a pro- ‘‘(i) the physician shall promptly transmit ‘‘(vi) Depression (not otherwise specified). posed rule should be promulgated to add a such determination to the WTC Program Ad- ‘‘(vii) Acute stress disorder. health condition to the list of health condi- ministrator and provide the Administrator ‘‘(viii) Dysthymic disorder. tions in paragraph (3), the Administrator with the medical facts supporting such de- ‘‘(ix) Adjustment disorder. may request a recommendation of the Advi- termination; and ‘‘(x) Substance abuse. sory Committee or may publish such a pro- ‘‘(ii) on and after the date of such trans- ‘‘(C) MUSCULOSKELETAL DISORDERS FOR CER- posed rule in the Federal Register in accord- mittal and subject to subparagraph (B), the TAIN WTC RESPONDERS.—In the case of a WTC ance with subparagraph (D). WTC Program shall provide for payment responder described in paragraph (4), a condi- ‘‘(B) ADMINISTRATOR’S OPTIONS AFTER RE- under subsection (c) for medically necessary tion described in such paragraph. CEIPT OF PETITION.—In the case that the WTC treatment for such condition. ‘‘(D) ADDITIONAL CONDITIONS.—Any cancer Program Administrator receives a written ‘‘(B) REVIEW; CERTIFICATION; APPEALS.— (or type of cancer) or other condition added, petition by an interested party to add a ‘‘(i) REVIEW.—A Federal employee des- pursuant to paragraph (5) or (6), to the list health condition to the list of health condi- ignated by the WTC Program Administrator under this paragraph. tions in paragraph (3), not later than 60 days shall review determinations made under sub- ‘‘(4) MUSCULOSKELETAL DISORDERS.— after the date of receipt of such petition the paragraph (A). ‘‘(A) IN GENERAL.—For purposes of this Administrator shall— ‘‘(ii) CERTIFICATION.—The Administrator title, in the case of a WTC responder who re- ‘‘(i) request a recommendation of the Advi- shall provide a certification of such condi- ceived any treatment for a WTC-related sory Committee; tion based upon reviews conducted under

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23538 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 clause (i). Such a certification shall be pro- WTC Program Administrator shall issue reg- of Worker’s Compensation Programs in the vided unless the Administrator determines ulations specifying a standard for deter- Department Labor would pay for such prod- that the responder’s condition is not a WTC- mining medical necessity with respect to ucts or services rendered at the time such related health condition in the list in sub- health care services and prescription phar- products or services were provided. section (a)(3) or that exposure to airborne maceuticals, a process for determining ‘‘(B) PHARMACEUTICALS.— toxins, other hazards, or adverse conditions whether treatment furnished and pharma- ‘‘(i) IN GENERAL.—The WTC Program Ad- resulting from the September 1, 2001, ter- ceuticals prescribed under this title meet ministrator shall establish a program for rorist attacks is not substantially likely to such standard (including any prior author- paying for the medically necessary out- be a significant factor in aggravating, con- ization requirement), and a process for ap- patient prescription pharmaceuticals pre- tributing to, or causing the condition. peal of a determination under subsection scribed under this title for WTC-related ‘‘(iii) APPEAL PROCESS.—The Administrator (c)(3). health conditions through one or more con- shall establish, by rule, a process for the ap- ‘‘(4) SCOPE OF TREATMENT COVERED.— tracts with outside vendors. peal of determinations under clause (ii). ‘‘(A) IN GENERAL.—The scope of treatment ‘‘(ii) COMPETITIVE BIDDING.—Under such ‘‘(2) DETERMINATION BASED ON MEDICALLY covered under this subsection includes serv- program the Administrator shall— ASSOCIATED WTC-RELATED HEALTH CONDI- ices of physicians and other health care pro- ‘‘(I) select one or more appropriate vendors TIONS.— viders, diagnostic and laboratory tests, pre- through a Federal competitive bid process; ‘‘(A) IN GENERAL.—If a physician at a Clin- scription drugs, inpatient and outpatient and ical Center of Excellence determines pursu- hospital services, and other medically nec- ‘‘(II) select the lowest bidder (or bidders) ant to subsection (a) that the enrolled WTC essary treatment. meeting the requirements for providing responder has a health condition described in ‘‘(B) PHARMACEUTICAL COVERAGE.—With re- pharmaceutical benefits for participants in subsection (a)(1)(A) that is not in the list in spect to ensuring coverage of medically nec- the WTC Program. subsection (a)(3) but which is medically asso- essary outpatient prescription drugs, such ‘‘(iii) TREATMENT OF FDNY PARTICIPANTS.— ciated with a WTC-related health condi- drugs shall be provided, under arrangements Under such program the Administrator may tion— made by the WTC Program Administrator, enter into an agreement with a separate ven- ‘‘(i) the physician shall promptly transmit directly through participating Clinical Cen- dor to provide pharmaceutical benefits to en- such determination to the WTC Program Ad- ters of Excellence or through one or more rolled WTC responders for whom the Clinical ministrator and provide the Administrator outside vendors. Center of Excellence is described in section with the facts supporting such determina- ‘‘(C) TRANSPORTATION EXPENSES FOR NA- 3305 if such an arrangement is deemed nec- tion; and TIONWIDE NETWORK.—The WTC Program Ad- essary and beneficial to the program by the ‘‘(ii) the Administrator shall make a deter- ministrator may provide for necessary and WTC Program Administrator. mination under subparagraph (B) with re- reasonable transportation and expenses inci- ‘‘(iv) PHARMACEUTICALS.—Not later than spect to such physician’s determination. dent to the securing of medically necessary July 1, 2011, the Comptroller General of the ‘‘(B) PROCEDURES FOR REVIEW, CERTIFI- treatment through the nationwide network United States shall submit to the Committee CATION, AND APPEAL.—The WTC Program Ad- under section 3313 involving travel of more on Energy and Commerce of the House of ministrator shall, by rule, establish proce- than 250 miles and for which payment is Representatives and the Committee on dures for the review and certification of phy- made under this section in the same manner Health, Education, Labor, and Pensions of sician determinations under subparagraph in which individuals may be furnished nec- the Senate a report on whether existing Fed- (A). Such rule shall provide for— essary and reasonable transportation and ex- eral pharmaceutical purchasing programs ‘‘(i) the timely review of such a determina- penses incident to services involving travel can provide pharmaceutical benefits more ef- tion by a physician panel with appropriate of more than 250 miles under regulations im- ficiently and effectively than through the expertise for the condition and recommenda- plementing section 3629(c) of the Energy Em- WTC program. tions to the WTC Program Administrator; ployees Occupational Illness Compensation ‘‘(C) IMPROVING QUALITY AND EFFICIENCY ‘‘(ii) not later than 60 days after the date of Program Act of 2000 (title XXXVI of Public THROUGH MODIFICATION OF PAYMENT AMOUNTS the transmittal under subparagraph (A)(i), a Law 106–398; 42 U.S.C. 7384t(c)). AND METHODOLOGIES.—The WTC Program Ad- determination by the WTC Program Admin- ROVISION OF TREATMENT PENDING CER- ministrator may modify the amounts and istrator on whether or not the condition in- ‘‘(5) P volved is described in subsection (a)(1)(A) TIFICATION.—With respect to an enrolled methodologies for making payments for ini- and is medically associated with a WTC-re- WTC responder for whom a determination is tial health evaluations, monitoring, or treat- lated health condition; made by an examining physician under para- ment, if, taking into account utilization and ‘‘(iii) certification in accordance with graph (1) or (2), but for whom the WTC Pro- quality data furnished by the Clinical Cen- paragraph (1)(B)(ii) of coverage of such con- gram Administrator has not yet determined ters of Excellence under section dition if determined to be described in sub- whether to certify the determination, the 3305(b)(1)(B)(iii), the Administrator deter- section (a)(1)(A) and medically associated WTC Program Administrator may establish mines that a bundling, capitation, pay for with a WTC-related health condition; and by rule a process through which the Admin- performance, or other payment methodology ‘‘(iv) a process for appeals of determina- istrator may approve the provision of med- would better ensure high quality and effi- tions relating to such conditions. ical treatment under this subsection (and cient delivery of initial health evaluations, ‘‘(C) INCLUSION IN LIST OF HEALTH CONDI- payment under subsection (c)) with respect monitoring, or treatment to an enrolled TIONS.—If the WTC Program Administrator to such responder and such responder’s WTC- WTC responder, screening-eligible WTC sur- provides certification under subparagraph related health condition (under such terms vivor, or certified-eligible WTC survivor. (B)(iii) for coverage of a condition, the Ad- and conditions as the Administrator may ‘‘(2) MONITORING AND INITIAL HEALTH EVAL- ministrator may, pursuant to subsection provide) until the Administrator makes a de- UATION.—The WTC Program Administrator (a)(6), add the condition to the list in sub- cision on whether to certify the determina- shall reimburse the costs of monitoring and section (a)(3). tion. the costs of an initial health evaluation pro- ‘‘(D) CONDITIONS ALREADY DECLINED FOR IN- ‘‘(c) PAYMENT FOR INITIAL HEALTH EVALUA- vided under this title at a rate set by the Ad- CLUSION IN LIST.—If the WTC Program Ad- TION, MONITORING, AND TREATMENT OF WTC- ministrator by regulation. ministrator publishes a determination under RELATED HEALTH CONDITIONS.— ‘‘(3) DETERMINATION OF MEDICAL NECES- subsection (a)(6)(B) not to include a condi- ‘‘(1) MEDICAL TREATMENT.— SITY.— tion in the list in subsection (a)(3), the WTC ‘‘(A) USE OF FECA PAYMENT RATES.— ‘‘(A) REVIEW OF MEDICAL NECESSITY AND Program Administrator shall not provide ‘‘(i) IN GENERAL.—Subject to clause (ii): PROTOCOLS.—As part of the process for reim- certification under subparagraph (B)(iii) for ‘‘(I) Subject to subparagraphs (B) and (C), bursement or payment under this subsection, coverage of the condition. In the case of an the WTC Program Administrator shall reim- the WTC Program Administrator shall pro- individual who is certified under subpara- burse costs for medically necessary treat- vide for the review of claims for reimburse- graph (B)(iii) with respect to such condition ment under this title for WTC-related health ment or payment for the provision of med- before the date of the publication of such de- conditions according to the payment rates ical treatment to determine if such treat- termination the previous sentence shall not that would apply to the provision of such ment is medically necessary and in accord- apply. treatment and services by the facility under ance with medical treatment protocols es- ‘‘(3) REQUIREMENT OF MEDICAL NECESSITY.— the Federal Employees Compensation Act. tablished under subsection (d). ‘‘(A) IN GENERAL.—In providing treatment ‘‘(II) For treatment not covered under sub- ‘‘(B) WITHHOLDING OF PAYMENT FOR MEDI- for a WTC-related health condition, a physi- clause (i) or subparagraph (B), the WTC Pro- CALLY UNNECESSARY TREATMENT.—The Ad- cian or other provider shall provide treat- gram Administrator shall establish by regu- ministrator shall withhold such reimburse- ment that is medically necessary and in ac- lation a reimbursement rate for such treat- ment or payment for treatment that the Ad- cordance with medical treatment protocols ment. ministrator determines is not medically nec- established under subsection (d). ‘‘(ii) EXCEPTION.—In no case shall pay- essary or is not in accordance with such ‘‘(B) REGULATIONS RELATING TO MEDICAL NE- ments for products or services under clause medical treatment protocols. CESSITY.—For the purpose of this title, the (i) be made at a rate higher than the Office ‘‘(d) MEDICAL TREATMENT PROTOCOLS.—

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‘‘(1) DEVELOPMENT.—The Data Centers (3), an individual who is described in any of ‘‘(C) APPLICATION AND DETERMINATION PROC- shall develop medical treatment protocols the following clauses: ESS FOR SCREENING ELIGIBILITY.— for the treatment of enrolled WTC respond- ‘‘(i) CURRENTLY IDENTIFIED SURVIVOR.—An ‘‘(i) IN GENERAL.—The WTC Program Ad- ers and certified-eligible WTC survivors for individual, including a WTC responder, who ministrator in consultation with the Data health conditions included in the applicable has been identified as eligible for medical Centers shall establish a process for individ- list of WTC-related health conditions. treatment and monitoring by the WTC Envi- uals, other than individuals described in sub- ‘‘(2) APPROVAL.—The medical treatment ronmental Health Center as of the date of paragraph (A)(i), to be determined to be protocols developed under paragraph (1) shall enactment of this title. screening-eligible WTC survivors. Under be subject to approval by the WTC Program ‘‘(ii) SURVIVOR WHO MEETS CURRENT ELIGI- such process— Administrator. BILITY CRITERIA.—An individual who is not a ‘‘(I) there shall be no fee charged to the ap- ‘‘SEC. 3313. NATIONAL ARRANGEMENT FOR BENE- WTC responder, for purposes of the initial plicant for making an application for such FITS FOR ELIGIBLE INDIVIDUALS health evaluation under subsection (b), determination; OUTSIDE NEW YORK. claims symptoms of a WTC-related health ‘‘(II) the Administrator shall make a deter- ‘‘(a) IN GENERAL.—In order to ensure rea- condition and meets any of the current eligi- mination on such an application not later sonable access to benefits under this subtitle bility criteria described in subparagraph (B). than 60 days after the date of filing the ap- for individuals who are enrolled WTC re- ‘‘(iii) SURVIVOR WHO MEETS MODIFIED ELIGI- plication; sponders, screening-eligible WTC survivors, BILITY CRITERIA.—An individual who is not a ‘‘(III) the Administrator shall make such a or certified-eligible WTC survivors and who WTC responder, for purposes of the initial determination relating to an applicant’s reside in any State, as defined in section 2(f), health evaluation under subsection (b), compliance with this title and shall not de- outside the New York metropolitan area, the claims symptoms of a WTC-related health termine that an individual is not so eligible WTC Program Administrator shall establish condition and meets such eligibility criteria or deny written documentation under clause a nationwide network of health care pro- relating to exposure to airborne toxins, (ii) to such individual unless the Adminis- viders to provide monitoring and treatment other hazards, or adverse conditions result- trator determines that— benefits and initial health evaluations near ing from the September 11, 2001, terrorist at- ‘‘(aa) based on the application submitted, such individuals’ areas of residence in such tacks as the WTC Administrator determines, the individual does not meet the eligibility States. Nothing in this subsection shall be after consultation with the Data Centers de- criteria; or construed as preventing such individuals scribed in section 3305 and the WTC Sci- ‘‘(bb) the numerical limitation on certifi- from being provided such monitoring and entific/Technical Advisory Committee and cations of certified-eligible WTC survivors treatment benefits or initial health evalua- WTC Health Program Steering Committees set forth in paragraph (3) has been met; and tion through any Clinical Center of Excel- under section 3302. ‘‘(IV) an individual who is determined not lence. The Administrator shall not modify such cri- to be a screening-eligible WTC survivor shall ‘‘(b) NETWORK REQUIREMENTS.—Any health teria under clause (iii) on or after the date have an opportunity to appeal such deter- care provider participating in the network that the number of certifications for cer- mination in a manner established under such under subsection (a) shall— tified-eligible WTC survivors under para- process. ‘‘(1) meet criteria for credentialing estab- graph (2)(B) has reached 80 percent of the ‘‘(ii) WRITTEN DOCUMENTATION OF SCREEN- ING-ELIGIBILITY.— lished by the Data Centers; limit described in paragraph (3) or on or ‘‘(I) IN GENERAL.—In the case of an indi- ‘‘(2) follow the monitoring, initial health after the date that the number of enroll- vidual who is described in subparagraph evaluation, and treatment protocols devel- ments of WTC responders has reached 80 per- (A)(i) or who is determined under clause (i) oped under section 3305(a)(2)(A)(ii); cent of the limit described in section (consistent with paragraph (3)) to be a ‘‘(3) collect and report data in accordance 3311(a)(4). screening-eligible WTC survivor, the WTC with section 3304; and ‘‘(B) CURRENT ELIGIBILITY CRITERIA.—The Program Administrator shall provide an ap- ‘‘(4) meet such fraud, quality assurance, eligibility criteria described in this subpara- propriate written documentation of such and other requirements as the WTC Program graph for an individual are that the indi- fact. Administrator establishes, including sec- vidual is described in any of the following ‘‘(II) TIMING.— tions 1128 through 1128E of the Social Secu- clauses: ‘‘(aa) CURRENTLY IDENTIFIED SURVIVORS.— rity Act, as applied by section 3301(d). ‘‘(i) A person who was present in the New In the case of an individual who is described ‘‘(c) TRAINING AND TECHNICAL ASSIST- York City disaster area in the dust or dust in subparagraph (A)(i), the WTC Program ANCE.—The WTC Program Administer may cloud on September 11, 2001. Administrator shall provide the written doc- provide, including through contract, for the ‘‘(ii) A person who worked, resided, or at- umentation under subclause (I) not later provision of training and technical assist- tended school, childcare, or adult daycare in than July 1, 2011. ance to health care providers participating the New York City disaster area for— ‘‘(bb) OTHER MEMBERS.—In the case of an- in the network under subsection (a). ‘‘(I) at least 4 days during the 4-month pe- other individual who is determined under ‘‘(d) PROVISION OF SERVICES THROUGH THE riod beginning on September 11, 2001, and clause (i) and consistent with paragraph (3) VA.— ending on January 10, 2002; or to be a screening-eligible WTC survivor, the ‘‘(1) IN GENERAL.—The WTC Program Ad- ‘‘(II) at least 30 days during the period be- WTC Program Administrator shall provide ministrator may enter into an agreement ginning on September 11, 2001, and ending on the written documentation under subclause with the Secretary of Veterans Affairs for July 31, 2002. (I) at the time of such determination. the Secretary to provide services under this ‘‘(iii) Any person who worked as a cleanup ‘‘(2) CERTIFIED-ELIGIBLE WTC SURVIVORS.— section through facilities of the Department worker or performed maintenance work in ‘‘(A) DEFINITION.—The term ‘certified-eligi- of Veterans Affairs. the New York City disaster area during the ble WTC survivor’ means, subject to para- ‘‘(2) NATIONAL PROGRAM.—Not later than 4-month period described in subparagraph graph (3), a screening-eligible WTC survivor July 1, 2011, the Comptroller General of the (B)(i) and had extensive exposure to WTC who the WTC Program Administrator cer- United States shall submit to the Committee dust as a result of such work. tifies under subparagraph (B) to be eligible on Energy and Commerce of the House of ‘‘(iv) A person who was deemed eligible to for followup monitoring and treatment under Representatives and the Committee on receive a grant from the Lower Manhattan this part. Health, Education, Labor, and Pensions of Development Corporation Residential Grant ‘‘(B) CERTIFICATION OF ELIGIBILITY FOR MON- the Senate a report on whether the Depart- Program, who possessed a lease for a resi- ITORING AND TREATMENT.— ment of Veterans Affairs can provide moni- dence or purchased a residence in the New ‘‘(i) IN GENERAL.—The WTC Program Ad- toring and treatment services to individuals York City disaster area, and who resided in ministrator shall establish a certification under this section more efficiently and effec- such residence during the period beginning process under which the Administrator shall tively than through the nationwide network on September 11, 2001, and ending on May 31, provide appropriate certification to screen- to be established under subsection (a). 2003. ing-eligible WTC survivors who, pursuant to ‘‘PART 2—WTC SURVIVORS ‘‘(v) A person whose place of employment— the initial health evaluation under sub- ‘‘SEC. 3321. IDENTIFICATION AND INITIAL ‘‘(I) at any time during the period begin- section (b), are determined to be eligible for HEALTH EVALUATION OF SCREEN- ning on September 11, 2001, and ending on followup monitoring and treatment under ING-ELIGIBLE AND CERTIFIED-ELI- May 31, 2003, was in the New York City dis- this part. GIBLE WTC SURVIVORS. aster area; and ‘‘(ii) TIMING.— ‘‘(a) IDENTIFICATION OF SCREENING-ELIGIBLE ‘‘(II) was deemed eligible to receive a grant ‘‘(I) CURRENTLY IDENTIFIED SURVIVORS.—In WTC SURVIVORS AND CERTIFIED-ELIGIBLE from the Lower Manhattan Development the case of an individual who is described in WTC SURVIVORS.— Corporation WTC Small Firms Attraction paragraph (1)(A)(i), the WTC Program Ad- ‘‘(1) SCREENING-ELIGIBLE WTC SURVIVORS.— and Retention Act program or other govern- ministrator shall provide the certification ‘‘(A) DEFINITION.—In this title, the term ment incentive program designed to revi- under clause (i) not later than July 1, 2011. ‘screening-eligible WTC survivor’ means, talize the lower Manhattan economy after ‘‘(II) OTHER MEMBERS.—In the case of an- subject to subparagraph (C) and paragraph the September 11, 2001, terrorist attacks. other individual who is determined under

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PAYMENT OF CLAIMS. ministrator shall provide the certification ‘‘(b) LIST OF WTC-RELATED HEALTH CONDI- ‘‘(a) IN GENERAL.—Except as provided in under such clause at the time of such deter- TIONS FOR SURVIVORS.—The list of health subsections (b) and (c), the cost of moni- mination. conditions for screening-eligible WTC sur- toring and treatment benefits and initial ‘‘(3) NUMERICAL LIMITATION ON CERTIFIED- vivors and certified-eligible WTC survivors health evaluation benefits provided under ELIGIBLE WTC SURVIVORS.— consists of the following: parts 1 and 2 of this subtitle shall be paid for ‘‘(A) IN GENERAL.—The total number of in- ‘‘(1) AERODIGESTIVE DISORDERS.— by the WTC Program from the World Trade dividuals not described in paragraph (1)(A)(i) ‘‘(A) Interstitial lung diseases. Center Health Program Fund. who may be certified as certified-eligible ‘‘(B) Chronic respiratory disorder—fumes/ ‘‘(b) WORKERS’ COMPENSATION PAYMENT.— WTC survivors under paragraph (2)(B) shall vapors. ‘‘(1) IN GENERAL.—Subject to paragraph (2), not exceed 25,000 at any time. ‘‘(C) Asthma. payment for treatment under parts 1 and 2 of ‘‘(B) PROCESS.—In implementing subpara- ‘‘(D) Reactive airways dysfunction syn- this subtitle of a WTC-related health condi- graph (A), the WTC Program Administrator drome (RADS). tion of an individual that is work-related shall— ‘‘(E) WTC-exacerbated chronic obstructive shall be reduced or recouped to the extent ‘‘(i) limit the number of certifications pro- pulmonary disease (COPD). that the WTC Program Administrator deter- vided under paragraph (2)(B)— ‘‘(F) Chronic cough syndrome. mines that payment has been made, or can ‘‘(I) in accordance with such subparagraph; ‘‘(G) Upper airway hyperreactivity. reasonably be expected to be made, under a and ‘‘(H) Chronic rhinosinusitis. workers’ compensation law or plan of the ‘‘(II) to such number, as determined by the ‘‘(I) Chronic nasopharyngitis. United States, a State, or a locality, or other Administrator based on the best available in- ‘‘(J) Chronic laryngitis. work-related injury or illness benefit plan of formation and subject to amounts made ‘‘(K) Gastroesophageal reflux disorder the employer of such individual, for such available under section 3351, that will ensure (GERD). treatment. The provisions of clauses (iii), sufficient funds will be available to provide ‘‘(L) Sleep apnea exacerbated by or related (iv), (v), and (vi) of paragraph (2)(B) of sec- treatment and monitoring benefits under to a condition described in a previous clause. tion 1862(b) of the Social Security Act and this title, with respect to all individuals re- ‘‘(2) MENTAL HEALTH CONDITIONS.— paragraphs (3) and (4) of such section shall ceiving such certifications through the end ‘‘(A) Posttraumatic stress disorder (PTSD). apply to the recoupment under this sub- of fiscal year 2020; and ‘‘(B) Major depressive disorder. section of a payment to the WTC Program ‘‘(ii) provide priority in such certifications ‘‘(C) Panic disorder. (with respect to a workers’ compensation in the order in which individuals apply for a ‘‘(D) Generalized anxiety disorder. law or plan, or other work-related injury or determination under paragraph (2)(B). ‘‘(E) Anxiety disorder (not otherwise speci- illness plan of the employer involved, and ‘‘(4) DISQUALIFICATION OF INDIVIDUALS ON fied). such individual) in the same manner as such TERRORIST WATCH LIST.—No individual who is ‘‘(F) Depression (not otherwise specified). provisions apply to the reimbursement of a on the terrorist watch list maintained by the ‘‘(G) Acute stress disorder. payment under section 1862(b)(2) of such Act Department of Homeland Security shall ‘‘(H) Dysthymic disorder. to the Secretary (with respect to such a law qualify as a screening-eligible WTC survivor ‘‘(I) Adjustment disorder. or plan and an individual entitled to benefits or a certified-eligible WTC survivor. Before ‘‘(J) Substance abuse. under title XVIII of such Act) except that determining any individual to be a screen- ‘‘(3) ADDITIONAL CONDITIONS.—Any cancer any reference in such paragraph (4) to pay- ing-eligible WTC survivor under paragraph (or type of cancer) or other condition added ment rates under title XVIII of the Social (1) or certifying any individual as a certified to the list in section 3312(a)(3) pursuant to Security Act shall be deemed a reference to eligible WTC survivor under paragraph (2), paragraph (5) or (6) of section 3312(a), as such payment rates under this title. the Administrator, in consultation with the provisions are applied under subsection (a) ‘‘(2) EXCEPTION.—Paragraph (1) shall not Secretary of Homeland Security, shall deter- with respect to certified-eligible WTC sur- apply for any quarter, with respect to any mine whether the individual is on such list. vivors. workers’ compensation law or plan, includ- ‘‘(b) INITIAL HEALTH EVALUATION TO DE- ‘‘SEC. 3323. FOLLOWUP MONITORING AND TREAT- ing line of duty compensation, to which New TERMINE ELIGIBILITY FOR FOLLOWUP MONI- MENT OF OTHER INDIVIDUALS WITH York City is obligated to make payments, if, TORING OR TREATMENT.— WTC-RELATED HEALTH CONDI- in accordance with terms specified under the ‘‘(1) IN GENERAL.—In the case of a screen- TIONS. contract under subsection (d)(1)(A), New ing-eligible WTC survivor, the WTC Program ‘‘(a) IN GENERAL.—Subject to subsection York City has made the full payment re- shall provide for an initial health evaluation (c), the provisions of section 3322 shall apply quired under such contract for such quarter. to determine if the survivor has a WTC-re- to the followup monitoring and treatment of ‘‘(3) RULES OF CONSTRUCTION.—Nothing in lated health condition and is eligible for fol- WTC-related health conditions in the case of this title shall be construed to affect, mod- lowup monitoring and treatment benefits individuals described in subsection (b) in the ify, or relieve any obligations under a work- under the WTC Program. Initial health eval- same manner as such provisions apply to the er’s compensation law or plan, other work- uation protocols under section followup monitoring and treatment of WTC- related injury or illness benefit plan of an 3305(a)(2)(A)(ii) shall be subject to approval related health conditions for certified-eligi- employer, or any health insurance plan. by the WTC Program Administrator. ble WTC survivors. ‘‘(c) HEALTH INSURANCE COVERAGE.— ‘‘(2) INITIAL HEALTH EVALUATION PRO- ‘‘(b) INDIVIDUALS DESCRIBED.—An indi- ‘‘(1) IN GENERAL.—In the case of an indi- VIDERS.—The initial health evaluation de- vidual described in this subsection is an indi- vidual who has a WTC-related health condi- scribed in paragraph (1) shall be provided vidual who, regardless of location of resi- tion that is not work-related and has health through a Clinical Center of Excellence with dence— coverage for such condition through any respect to the individual involved. ‘‘(1) is not an enrolled WTC responder or a public or private health plan (including ‘‘(3) LIMITATION ON INITIAL HEALTH EVALUA- certified-eligible WTC survivor; and health benefits under title XVIII, XIX, or TION BENEFITS.—Benefits for an initial health ‘‘(2) is diagnosed at a Clinical Center of Ex- XXI of the Social Security Act) the provi- evaluation under this part for a screening-el- cellence with a WTC-related health condi- sions of section 1862(b) of the Social Security igible WTC survivor shall consist only of a tion for certified-eligible WTC survivors. Act shall apply to such a health plan and single medical initial health evaluation con- ‘‘(c) LIMITATION.— such individual in the same manner as they sistent with initial health evaluation proto- ‘‘(1) IN GENERAL.—The WTC Program Ad- apply to group health plan and an individual cols described in paragraph (1). Nothing in ministrator shall limit benefits for any fiscal entitled to benefits under title XVIII of such this paragraph shall be construed as pre- year under subsection (a) in a manner so Act pursuant to section 226(a) of such Act. venting such an individual from seeking ad- that payments under this section for such Any costs for items and services covered ditional medical initial health evaluations fiscal year do not exceed the amount speci- under such plan that are not reimbursed by at the expense of the individual. fied in paragraph (2) for such fiscal year. such health plan, due to the application of ‘‘SEC. 3322. FOLLOWUP MONITORING AND TREAT- ‘‘(2) LIMITATION.—The amount specified in deductibles, copayments, coinsurance, other MENT OF CERTIFIED-ELIGIBLE WTC this paragraph for— cost sharing, or otherwise, are reimbursable SURVIVORS FOR WTC-RELATED ‘‘(A) the last calendar quarter of fiscal under this title to the extent that they are HEALTH CONDITIONS. year 2011 is $5,000,000; covered under the WTC Program. The pro- ‘‘(a) IN GENERAL.—Subject to subsection ‘‘(B) fiscal year 2012 is $20,000,000; or gram under this title shall not be treated as (b), the provisions of sections 3311 and 3312 ‘‘(C) a succeeding fiscal year is the amount a legally liable party for purposes of apply- shall apply to followup monitoring and specified in this paragraph for the previous ing section 1902(a)(25) of the Social Security treatment of WTC-related health conditions fiscal year increased by the annual percent- Act. for certified-eligible WTC survivors in the age increase in the medical care component ‘‘(2) RECOVERY BY INDIVIDUAL PROVIDERS.— same manner as such provisions apply to the of the consumer price index for all urban Nothing in paragraph (1) shall be construed monitoring and treatment of WTC-related consumers. as requiring an entity providing monitoring

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and treatment under this title to seek reim- ‘‘(F) DEPOSIT IN FUND.—The WTC Program ferred to in section 3342), through a Clinical bursement under a health plan with which Administer shall deposit amounts paid under Center of Excellence, or through a Data Cen- the entity has no contract for reimburse- such contract into the World Trade Center ter. ment. Health Program Fund under section 3351. ‘‘(b) TYPES OF RESEARCH.—The research ‘‘(3) MAINTENANCE OF REQUIRED MINIMUM ES- ‘‘(2) PAYMENT OF NEW YORK CITY SHARE OF under subsection (a)(1) shall include epi- SENTIAL COVERAGE.—No payment may be MONITORING AND TREATMENT COSTS.—With re- demiologic and other research studies on made for monitoring and treatment under spect to each calendar quarter for which a WTC-related health conditions or emerging this title for an individual for a month (be- contribution is required by New York City conditions— ginning with July 2014) if with respect to under the contract under paragraph (1), the ‘‘(1) among enrolled WTC responders and such month the individual— WTC Program Administrator shall— certified-eligible WTC survivors under treat- ‘‘(A) is an applicable individual (as defined ‘‘(A) provide New York City with an esti- ment; and in subsection (d) of section 5000A of Internal mate of such amount of the required con- ‘‘(2) in sampled populations outside the Revenue Code of 1986) for whom the exemp- tribution at the beginning of such quarter New York City disaster area in Manhattan tion under subsection (e) of such section does and with an updated estimate of such as far north as 14th Street and in Brooklyn, not apply; and amount at the beginning of each of the sub- along with control populations, to identify ‘‘(B) is not covered under minimum essen- sequent 2 quarters; potential for long-term adverse health ef- tial coverage, as required under subsection ‘‘(B) bill such amount directly to New fects in less exposed populations. (a) of such section. York City; and ‘‘(c) CONSULTATION.—The WTC Program ‘‘(d) REQUIRED CONTRIBUTION BY NEW YORK ‘‘(C) certify periodically, for purposes of Administrator shall carry out this section in CITY IN PROGRAM COSTS.— this subsection, whether or not New York consultation with the WTC Scientific/Tech- ‘‘(1) CONTRACT REQUIREMENT.— City has paid the amount so billed. nical Advisory Committee. ‘‘(A) IN GENERAL.—No funds may be dis- ‘‘(d) APPLICATION OF PRIVACY AND HUMAN Such amount shall initially be estimated by bursed from the World Trade Center Health SUBJECT PROTECTIONS.—The privacy and the WTC Program Administrator and shall Program Fund under section 3351 unless New human subject protections applicable to re- be subject to adjustment and reconciliation York City has entered into a contract with search conducted under this section shall not based upon actual expenditures in carrying the WTC Program Administrator under be less than such protections applicable to out this title. which New York City agrees, in a form and research conducted or funded by the Depart- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in manner specified by the Administrator, to ment of Health and Human Services. pay the full contribution described in sub- this subsection shall be construed as author- izing the WTC Administrator, with respect ‘‘SEC. 3342. WORLD TRADE CENTER HEALTH REG- paragraph (B) in accordance with this sub- ISTRY. to a fiscal year, to reduce the numerical lim- section on a timely basis, plus any interest ‘‘For the purpose of ensuring ongoing data itation under section 3311(a)(4) or 3321(a)(3) owed pursuant to subparagraph (E)(i). Such collection relating to victims of the Sep- for such fiscal year if New York City fails to contract shall specify the terms under which tember 11, 2001, terrorist attacks, the WTC comply with paragraph (1) for a calendar New York City shall be considered to have Program Administrator shall ensure that a quarter in such fiscal year. made the full payment required for a quarter registry of such victims is maintained that ‘‘(e) WORK-RELATED DESCRIBED.—For the for purposes of subsection (b)(2). is at least as comprehensive as the World ‘‘(B) FULL CONTRIBUTION AMOUNT.—Under purposes of this section, a WTC-related health condition shall be treated as a condi- Trade Center Health Registry maintained such contract, with respect to the last cal- under the arrangements in effect as of April endar quarter of fiscal year 2011 and each tion that is work-related if— ‘‘(1) the condition is diagnosed in an en- 20, 2009, with the New York City Department calendar quarter in fiscal years 2012 through of Health and Mental Hygiene. 2015 the full contribution amount under this rolled WTC responder, or in an individual ‘‘Subtitle D—Funding subparagraph shall be equal to 10 percent of who qualifies as a certified-eligible WTC sur- the expenditures in carrying out this title vivor on the basis of being a rescue, recov- ‘‘SEC. 3351. WORLD TRADE CENTER HEALTH PRO- for the respective quarter and with respect ery, or cleanup worker; or GRAM FUND. to calendar quarters in fiscal year 2016, such ‘‘(2) with respect to the condition the indi- ‘‘(a) ESTABLISHMENT OF FUND.— ‘‘(1) IN GENERAL.—There is established a full contribution amount shall be equal to 1⁄9 vidual has filed and had established a claim of the Federal expenditures in carrying out under a workers’ compensation law or plan fund to be known as the World Trade Center this title for the respective quarter. of the United States or a State, or other Health Program Fund (referred to in this ‘‘(C) SATISFACTION OF PAYMENT OBLIGA- work-related injury or illness benefit plan of section as the ‘Fund’). TION.—The payment obligation under such the employer of such individual. ‘‘(2) FUNDING.—Out of any money in the contract may not be satisfied through any of ‘‘SEC. 3332. ADMINISTRATIVE ARRANGEMENT AU- Treasury not otherwise appropriated, there the following: THORITY. shall be deposited into the Fund for each of ‘‘(i) An amount derived from Federal ‘‘The WTC Program Administrator may fiscal years 2012 through 2016 (and the last sources. enter into arrangements with other govern- calendar quarter of fiscal year 2011)— ‘‘(ii) An amount paid before the date of the ment agencies, insurance companies, or ‘‘(A) the Federal share, consisting of an enactment of this title. other third-party administrators to provide amount equal to the lesser of— ‘‘(iii) An amount paid to satisfy a judg- for timely and accurate processing of claims ‘‘(i) 90 percent of the expenditures in car- ment or as part of a settlement related to in- under sections 3312, 3313, 3322, and 3323. rying out this title for the respective fiscal juries or illnesses arising out of the Sep- ‘‘Subtitle C—Research Into Conditions year (initially based on estimates, subject to tember 11, 2001, terrorist attacks. ‘‘SEC. 3341. RESEARCH REGARDING CERTAIN subsequent reconciliation based on actual ‘‘(D) TIMING OF CONTRIBUTION.—The pay- HEALTH CONDITIONS RELATED TO expenditures); or ment obligation under such contract for a SEPTEMBER 11 TERRORIST AT- ‘‘(ii)(I) $71,000,000 for the last calendar calendar quarter in a fiscal year shall be paid TACKS. quarter of fiscal year 2011, $318,000,000 for fis- not later than the last day of the second suc- ‘‘(a) IN GENERAL.—With respect to individ- cal year 2012, $354,000,000 for fiscal year 2013, ceeding calendar quarter. uals, including enrolled WTC responders and $382,000,000 for fiscal year 2014, and ‘‘(E) COMPLIANCE.— certified-eligible WTC survivors, receiving $431,000,000 for fiscal year 2015; and ‘‘(i) INTEREST FOR LATE PAYMENT.—If New monitoring or treatment under subtitle B, ‘‘(II) subject to paragraph (4), an additional York City fails to pay to the WTC Program the WTC Program Administrator shall con- amount for fiscal year 2016 from unexpended Administrator pursuant to such contract the duct or support— amounts for previous fiscal years; plus amount required for any calendar quarter by ‘‘(1) research on physical and mental ‘‘(B) the New York City share, consisting the day specified in subparagraph (D), inter- health conditions that may be related to the of the amount contributed under the contra est shall accrue on the amount not so paid at September 11, 2001, terrorist attacks; ct under section 3331(d). the rate (determined by the Administrator) ‘‘(2) research on diagnosing WTC-related ‘‘(3) CONTRACT REQUIREMENT.— based on the average yield to maturity, plus health conditions of such individuals, in the ‘‘(A) IN GENERAL.—No funds may be dis- 1 percentage point, on outstanding municipal case of conditions for which there has been bursed from the Fund unless New York City bonds issued by New York City with a re- diagnostic uncertainty; and has entered into a contract with the WTC maining maturity of at least 1 year. ‘‘(3) research on treating WTC-related Program Administrator under section ‘‘(ii) RECOVERY OF AMOUNTS OWED.—The health conditions of such individuals, in the 3331(d)(1). amounts owed to the WTC Program Adminis- case of conditions for which there has been ‘‘(B) BREACH OF CONTRACT.—In the case of a trator under such contract shall be recover- treatment uncertainty. failure to pay the amount so required under able by the United States in an action in the The Administrator may provide such support the contract— same manner as payments made under title through continuation and expansion of re- ‘‘(i) the amount is recoverable under sub- XVIII of the Social Security Act may be re- search that was initiated before the date of paragraph (E)(ii) of such section; coverable in an action brought under section the enactment of this title and through the ‘‘(ii) such failure shall not affect the dis- 1862(b)(2)(B)(iii) of such Act. World Trade Center Health Registry (re- bursement of amounts from the Fund; and

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‘‘(iii) the Federal share described in para- ‘‘(A) for the last calendar quarter of fiscal ‘‘(11) IMMEDIATE AFTERMATH.—The term graph (2)(A) shall not be increased by the year 2011, $2,500,000; ‘immediate aftermath’ means any period be- amount so unpaid. ‘‘(B) for fiscal year 2012, $10,000,000; and ginning with the terrorist-related aircraft ‘‘(4) AGGREGATE LIMITATION ON FUNDING BE- ‘‘(C) for each subsequent fiscal year, the crashes of September 11, 2001, and ending on GINNING WITH FISCAL YEAR 2016.—Beginning amount specified under this paragraph for May 30, 2002.’’; and with fiscal year 2016, in no case shall the the previous fiscal year increased by the per- (4) by adding at the end the following new share of Federal funds deposited into the centage increase in the consumer price index paragraph: Fund under paragraph (2) for such fiscal year for all urban consumers (all items; United ‘‘(14) 9/11 CRASH SITE.—The term ‘9/11 crash and previous fiscal years and quarters exceed States city average) as estimated by the Sec- site’ means— the sum of the amounts specified in para- retary for the 12-month period ending with ‘‘(A) the World Trade Center site, Pen- graph (2)(A)(ii)(I). March of the previous year. tagon site, and Shanksville, Pennsylvania ‘‘(b) MANDATORY FUNDS FOR MONITORING, ‘‘(5) RESEARCH REGARDING CERTAIN HEALTH site; INITIAL HEALTH EVALUATIONS, TREATMENT, CONDITIONS.—For the purpose of carrying out ‘‘(B) the buildings or portions of buildings AND CLAIMS PROCESSING.— section 3341— that were destroyed as a result of the ter- ‘‘(1) IN GENERAL.—The amounts deposited ‘‘(A) for the last calendar quarter of fiscal rorist-related aircraft crashes of September into the Fund under subsection (a)(2) shall be year 2011, $3,750,000; 11, 2001; available, without further appropriation, ‘‘(B) for fiscal year 2012, $15,000,000; and ‘‘(C) any area contiguous to a site of such consistent with paragraph (2) and subsection ‘‘(C) for each subsequent fiscal year, the crashes that the Special Master determines (c), to carry out subtitle B and sections amount specified under this paragraph for was sufficiently close to the site that there 3302(a), 3303, 3304, 3305(a)(2), 3305(c), 3341, and the previous fiscal year increased by the per- was a demonstrable risk of physical harm re- 3342. centage increase in the consumer price index sulting from the impact of the aircraft or ‘‘(2) LIMITATION ON MANDATORY FUNDING.— for all urban consumers (all items; United any subsequent fire, explosions, or building This title does not establish any Federal ob- States city average) as estimated by the Sec- collapses (including the immediate area in ligation for payment of amounts in excess of retary for the 12-month period ending with which the impact occurred, fire occurred, the amounts available from the Fund for March of the previous year. portions of buildings fell, or debris fell upon such purpose. ‘‘(6) WORLD TRADE CENTER HEALTH REG- and injured individuals); and ‘‘(3) LIMITATION ON AUTHORIZATION FOR FUR- ISTRY.—For the purpose of carrying out sec- ‘‘(D) any area related to, or along, routes THER APPROPRIATIONS.—This title does not tion 3342— of debris removal, such as barges and Fresh establish any authorization for appropria- ‘‘(A) for the last calendar quarter of fiscal Kills.’’. tion of amounts in excess of the amounts year 2011, $1,750,000; available from the Fund under paragraph (1). SEC. 202. EXTENDED AND EXPANDED ELIGI- ‘‘(B) for fiscal year 2012, $7,000,000; and BILITY FOR COMPENSATION. ‘‘(c) LIMITS ON SPENDING FOR CERTAIN PUR- ‘‘(C) for each subsequent fiscal year, the POSES.—Of the amounts made available (a) INFORMATION ON LOSSES RESULTING under subsection (b)(1), not more than each amount specified under this paragraph for FROM DEBRIS REMOVAL INCLUDED IN CON- of the following amounts may be available the previous fiscal year increased by the per- TENTS OF CLAIM FORM.—Section 405(a)(2)(B) for each of the following purposes: centage increase in the consumer price index of the Air Transportation Safety and System ‘‘(1) SURVIVING IMMEDIATE FAMILY MEMBERS for all urban consumers (all items; United Stabilization Act (49 U.S.C. 40101 note) is OF FIREFIGHTERS.—For the purposes of car- States city average) as estimated by the Sec- amended— rying out subtitle B with respect to WTC re- retary for the 12-month period ending with (1) in clause (i), by inserting ‘‘, or debris re- sponders described in section March of the previous year.’’. moval during the immediate aftermath’’ 3311(a)(2)(A)(ii)— TITLE II—SEPTEMBER 11TH VICTIM after ‘‘September 11, 2001’’; ‘‘(A) for the last calendar quarter of fiscal COMPENSATION FUND OF 2001 (2) in clause (ii), by inserting ‘‘or debris re- year 2011, $100,000; moval during the immediate aftermath’’ ‘‘(B) for fiscal year 2012, $400,000; and SEC. 201. DEFINITIONS. after ‘‘crashes’’; and ‘‘(C) for each subsequent fiscal year, the Section 402 of the Air Transportation Safe- (3) in clause (iii), by inserting ‘‘or debris amount specified under this paragraph for ty and System Stabilization Act (49 U.S.C. removal during the immediate aftermath’’ the previous fiscal year increased by the per- 40101 note) is amended— after ‘‘crashes’’. centage increase in the consumer price index (1) in paragraph (6) by inserting ‘‘, or de- (b) EXTENSION OF DEADLINE FOR CLAIMS for all urban consumers (all items; United bris removal, including under the World UNDER SEPTEMBER 11TH VICTIM COMPENSA- States city average) as estimated by the Sec- Trade Center Health Program established TION FUND OF 2001.—Section 405(a)(3) of such retary for the 12-month period ending with under section 3001 of the Public Health Serv- Act is amended to read as follows: March of the previous year. ice Act, and payments made pursuant to the ‘‘(3) LIMITATION.— ‘‘(2) WTC HEALTH PROGRAM SCIENTIFIC/TECH- settlement of a civil action described in sec- ‘‘(A) IN GENERAL.—Except as provided by NICAL ADVISORY COMMITTEE.—For the purpose tion 405(c)(3)(C)(iii)’’ after ‘‘September 11, subparagraph (B), no claim may be filed of carrying out section 3302(a)— 2001’’; under paragraph (1) after the date that is 2 ‘‘(A) for the last calendar quarter of fiscal (2) by inserting after paragraph (6) the fol- years after the date on which regulations are year 2011, $25,000; lowing new paragraphs and redesignating promulgated under section 407(a). ‘‘(B) for fiscal year 2012, $100,000; and subsequent paragraphs accordingly: ‘‘(B) EXCEPTION.—A claim may be filed ‘‘(C) for each subsequent fiscal year, the ‘‘(7) CONTRACTOR AND SUBCONTRACTOR.—The under paragraph (1), in accordance with sub- amount specified under this paragraph for term ‘contractor and subcontractor’ means section (c)(3)(A)(i), by an individual (or by a the previous fiscal year increased by the per- any contractor or subcontractor (at any tier personal representative on behalf of a de- centage increase in the consumer price index of a subcontracting relationship), including ceased individual) during the period begin- for all urban consumers (all items; United any general contractor, construction man- ning on the date on which the regulations States city average) as estimated by the Sec- ager, prime contractor, consultant, or any are updated under section 407(b) and ending retary for the 12-month period ending with parent, subsidiary, associated or allied com- on the date that is 5 years after the date on March of the previous year. pany, affiliated company, corporation, firm, which such regulations are updated.’’. ‘‘(3) EDUCATION AND OUTREACH.—For the organization, or joint venture thereof that (c) REQUIREMENTS FOR FILING CLAIMS DUR- purpose of carrying out section 3303— participated in debris removal at any 9/11 ING EXTENDED FILING PERIOD.—Section ‘‘(A) for the last calendar quarter of fiscal crash site. Such term shall not include any 405(c)(3) of such Act is amended— year 2011, $500,000; entity, including the Port Authority of New (1) by redesignating subparagraphs (A) and ‘‘(B) for fiscal year 2012, $2,000,000; and York and New Jersey, with a property inter- (B) as subparagraphs (B) and (C), respec- ‘‘(C) for each subsequent fiscal year, the est in the World Trade Center, on September tively; and amount specified under this paragraph for 11, 2001, whether fee simple, leasehold or (2) by inserting before subparagraph (B), as the previous fiscal year increased by the per- easement, direct or indirect. so redesignated, the following new subpara- centage increase in the consumer price index ‘‘(8) DEBRIS REMOVAL.—The term ‘debris re- graph: for all urban consumers (all items; United moval’ means rescue and recovery efforts, ‘‘(A) REQUIREMENTS FOR FILING CLAIMS DUR- States city average) as estimated by the Sec- removal of debris, cleanup, remediation, and ING EXTENDED FILING PERIOD.— retary for the 12-month period ending with response during the immediate aftermath of ‘‘(i) TIMING REQUIREMENTS FOR FILING March of the previous year. the terrorist-related aircraft crashes of Sep- CLAIMS.—An individual (or a personal rep- ‘‘(4) UNIFORM DATA COLLECTION.—For the tember 11, 2001, with respect to a 9/11 crash resentative on behalf of a deceased indi- purpose of carrying out section 3304 and for site.’’; vidual) may file a claim during the period reimbursing Data Centers (as defined in sec- (3) by inserting after paragraph (10), as so described in subsection (a)(3)(B) as follows: tion 3305(b)(2)) for the costs incurred by such redesignated, the following new paragraph ‘‘(I) In the case that the Special Master de- Centers in carrying out activities under con- and redesignating the subsequent paragraphs termines the individual knew (or reasonably tracts entered into under section 3305(a)(2)— accordingly: should have known) before the date specified

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REQUIREMENT TO UPDATE REGULA- paragraph (D) of such paragraph. date that the individual was eligible to file a TIONS. ‘‘(D) If there are no funds available as de- claim under this title, the individual may Section 407 of the Air Transportation Safe- scribed in subparagraph (A), (B), (C), or (D) file a claim not later than the date that is 2 ty and System Stabilization Act (49 U.S.C. of paragraph (4), the funds described in sub- years after such specified date. 40101 note) is amended— paragraph (E) of such paragraph. ‘‘(II) In the case that the Special Master (1) by striking ‘‘Not later than’’ and insert- ‘‘(6) DECLARATORY JUDGMENT ACTIONS AND determines the individual first knew (or rea- ing ‘‘(a) IN GENERAL.—Not later than’’; and DIRECT ACTION.—Any claimant to a claim or sonably should have known) on or after the (2) by adding at the end the following new action to which paragraph (4) applies may, date specified in clause (iii) that the indi- subsection: with respect to such claim or action, either vidual suffered such a physical harm or that ‘‘(b) UPDATED REGULATIONS.—Not later file an action for a declaratory judgment for the individual first knew (or should have than 180 days after the date of the enactment insurance coverage or bring a direct action known) on or after such specified date that of the James Zadroga 9/11 Health and Com- against the insurance company involved, ex- the individual was eligible to file a claim pensation Act of 2010, the Special Master cept that no such action for declaratory under this title, the individual may file a shall update the regulations promulgated judgment or direct action may be com- under subsection (a) to the extent necessary claim not later than the last day of the 2- menced until after the funds available in to comply with the provisions of title II of year period beginning on the date the Spe- subparagraph (A), (B), (C), and (D) of para- such Act.’’. cial Master determines the individual first graph (5) have been exhausted consistent knew (or should have known) that the indi- SEC. 204. LIMITED LIABILITY FOR CERTAIN with the order described in such paragraph CLAIMS. vidual both suffered from such harm and was for payment.’’. Section 408(a) of the Air Transportation SEC. 205. FUNDING; ATTORNEY FEES. eligible to file a claim under this title. Safety and System Stabilization Act (49 ‘‘(ii) OTHER ELIGIBILITY REQUIREMENTS FOR Section 406 of the Air Transportation Safe- U.S.C. 40101 note) is amended by adding at ty and System Stabilization Act (49 U.S.C. FILING CLAIMS.—An individual may file a the end the following new paragraphs: claim during the period described in sub- 40101 note) is amended— ‘‘(4) LIABILITY FOR CERTAIN CLAIMS.—Not- (1) in subsection (a), by striking ‘‘Not later section (a)(3)(B) only if— withstanding any other provision of law, li- ‘‘(I) the individual was treated by a med- than’’ and inserting ‘‘Subject to the limita- ability for all claims and actions (including tions under subsection (d), not later than’’; ical professional for suffering from a phys- claims or actions that have been previously ical harm described in clause (i)(I) within a (2) in subsection (b)— resolved, that are currently pending, and (A) by inserting ‘‘in the amounts provided reasonable time from the date of discovering that may be filed) for compensatory dam- such harm; and under subsection (d)(1)’’ after ‘‘appropria- ages, contribution or indemnity, or any tions Acts’’; and ‘‘(II) the individual’s physical harm is other form or type of relief, arising from or verified by contemporaneous medical records (B) by inserting ‘‘subject to the limitations related to debris removal, against the City of under subsection (d)’’ before the period; and created by or at the direction of the medical New York, any entity (including the Port professional who provided the medical care. (3) by adding at the end the following new Authority of New York and New Jersey) with subsections: ‘‘(iii) DATE SPECIFIED.—The date specified a property interest in the World Trade Cen- ‘‘(d) LIMITATION.— in this clause is the date on which the regu- ter on September 11, 2001 (whether fee sim- ‘‘(1) IN GENERAL.—The total amount of Fed- lations are updated under section 407(a).’’. ple, leasehold or easement, or direct or indi- eral funds paid for compensation under this LARIFYING APPLICABILITY TO ALL 9/11 (d) C rect) and any contractors and subcontrac- title, with respect to claims filed on or after CRASH SITES.—Section 405(c)(2)(A)(i) of such tors, shall not be in an amount that exceeds the date on which the regulations are up- Act is amended by striking ‘‘or the site of the sum of the following, as may be applica- dated under section 407(b), shall not exceed the aircraft crash at Shanksville, Pennsyl- ble: $2,775,000,000. Of such amounts, not to exceed vania’’ and inserting ‘‘the site of the aircraft ‘‘(A) The amount of funds of the WTC Cap- $875,000,000 shall be available to pay such crash at Shanksville, Pennsylvania, or any tive Insurance Company, including the cu- claims during the 5-year period beginning on other 9/11 crash site’’. mulative interest. such date. (e) INCLUSION OF PHYSICAL HARM RESULT- ‘‘(B) The amount of all available insurance ‘‘(2) PRO-RATION AND PAYMENT OF REMAIN- ING FROM DEBRIS REMOVAL.—Section 405(c) of identified in schedule 2 of the WTC Captive ING CLAIMS.— such Act is amended in paragraph (2)(A)(ii), Insurance Company insurance policy. ‘‘(A) IN GENERAL.—The Special Master by inserting ‘‘or debris removal’’ after ‘‘air ‘‘(C) As it relates to the limitation of li- shall ratably reduce the amount of com- crash’’. ability of the City of New York, the amount pensation due claimants under this title in a (f) LIMITATIONS ON CIVIL ACTIONS.— that is the greater of the City of New York’s manner to ensure, to the extent possible, (1) APPLICATION TO DAMAGES RELATED TO insurance coverage or $350,000,000. In deter- that— DEBRIS REMOVAL.—Clause (i) of section mining the amount of the City’s insurance ‘‘(i) all claimants who, before application 405(c)(3)(C) of such Act, as redesignated by coverage for purposes of the previous sen- of the limitation under the second sentence subsection (c), is amended by inserting ‘‘, or tence, any amount described in subpara- of paragraph (1), would have been determined for damages arising from or related to debris graphs (A) and (B) shall not be included. to be entitled to a payment under this title removal’’ after ‘‘September 11, 2001’’. ‘‘(D) As it relates to the limitation of li- during such 5-year period, receive a payment (2) PENDING ACTIONS.—Clause (ii) of such ability of any entity, including the Port Au- during such period; and section, as so redesignated, is amended to thority of New York and New Jersey, with a ‘‘(ii) the total amount of all such payments read as follows: property interest in the World Trade Center made during such 5-year period do not exceed ‘‘(ii) PENDING ACTIONS.—In the case of an on September 11, 2001 (whether fee simple, the amount available under the second sen- individual who is a party to a civil action de- leasehold or easement, or direct or indirect), tence of paragraph (1) to pay claims during scribed in clause (i), such individual may not the amount of all available liability insur- such period. submit a claim under this title— ance coverage maintained by any such enti- ‘‘(B) PAYMENT OF REMAINDER OF CLAIM ‘‘(I) during the period described in sub- ty. AMOUNTS.—In any case in which the amount section (a)(3)(A) unless such individual with- ‘‘(E) As it relates to the limitation of li- of a claim is ratably reduced pursuant to draws from such action by the date that is 90 ability of any individual contractor or sub- subparagraph (A), on or after the first day days after the date on which regulations are contractor, the amount of all available li- after the 5-year period described in para- promulgated under section 407(a); and ability insurance coverage maintained by graph (1), but in no event later than 1 year ‘‘(II) during the period described in sub- such contractor or subcontractor on Sep- after such 5-year period, the Special Master section (a)(3)(B) unless such individual with- tember 11, 2001. shall pay to the claimant the amount that is draws from such action by the date that is 90 ‘‘(5) PRIORITY OF CLAIMS PAYMENTS.—Pay- equal to the difference between— days after the date on which the regulations ments to plaintiffs who obtain a settlement ‘‘(i) the amount that the claimant would are updated under section 407(b).’’. or judgment with respect to a claim or ac- have been paid under this title during such (3) SETTLED ACTIONS.—Such section, as so tion to which paragraph (4) applies, shall be period without regard to the limitation redesignated, is further amended by adding paid solely from the following funds in the under the second sentence of paragraph (1) at the end the following new clause: following order, as may be applicable: applicable to such period; and ‘‘(iii) SETTLED ACTIONS.—In the case of an ‘‘(A) The funds described in subparagraph ‘‘(ii) the amount the claimant was paid individual who settled a civil action de- (A) or (B) of paragraph (4). under this title during such period. scribed in clause (i), such individual may not ‘‘(B) If there are no funds available as de- ‘‘(C) TERMINATION.—Upon completion of all submit a claim under this title unless such scribed in subparagraph (A) or (B) of para- payments pursuant to this subsection, the

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Victim’s Compensation Fund shall be perma- ‘‘(2) OTHER ADMINISTRATIVE PROVISIONS.— Sec. 102. Merit staffing for State adminis- nently closed. For purposes of subtitle F, any tax imposed tration of trade adjustment as- ‘‘(e) ATTORNEY FEES.— by this section shall be treated as a tax im- sistance. ‘‘(1) IN GENERAL.—Notwithstanding any posed by subtitle A.’’. Subtitle B—Health Coverage Improvement contract, the representative of an individual (2) CLERICAL AMENDMENT.—The table of Sec. 111. Improvement of the affordability of may not charge, for services rendered in con- chapters for subtitle D of the Internal Rev- the credit. nection with the claim of an individual enue Code of 1986 is amended by adding at Sec. 112. Payment for the monthly pre- under this title, more than 10 percent of an the end the following new item: miums paid prior to commence- award made under this title on such claim. ‘‘CHAPTER 50—FOREIGN PROCUREMENT’’. ment of the advance payments ‘‘(2) LIMITATION.— (3) EFFECTIVE DATE.—The amendments of credit. ‘‘(A) IN GENERAL.—Except as provided in made by this subsection shall apply to pay- Sec. 113. TAA recipients not enrolled in subparagraph (B), in the case of an indi- ments received pursuant to contracts en- training programs eligible for vidual who was charged a legal fee in connec- tered into on and after the date of the enact- credit. tion with the settlement of a civil action de- ment of this Act. Sec. 114. TAA pre-certification period rule scribed in section 405(c)(3)(C)(iii), the rep- (b) PROHIBITION ON REIMBURSEMENT OF for purposes of determining resentative of the individual may not charge FEES.— whether there is a 63-day lapse any amount for compensation for services (1) IN GENERAL.—The head of each execu- in creditable coverage. rendered in connection with a claim filed tive agency shall take any and all measures Sec. 115. Continued qualification of family under this title. necessary to ensure that no funds are dis- members after certain events. ‘‘(B) EXCEPTION.—If the legal fee charged in bursed to any foreign contractor in order to Sec. 116. Extension of COBRA benefits for connection with the settlement of a civil ac- reimburse the tax imposed under section certain TAA-eligible individ- tion described in section 405(c)(3)(C)(iii) of an 5000C of the Internal Revenue Code of 1986. uals and PBGC recipients. individual is less than 10 percent of the ag- (2) ANNUAL REVIEW.—The Administrator for Sec. 117. Addition of coverage through vol- gregate amount of compensation awarded to Federal Procurement Policy shall annually untary employees’ beneficiary such individual through such settlement, the review the contracting activities of each ex- associations. representative of such individual may charge ecutive agency to monitor compliance with Sec. 118. Notice requirements. an amount for compensation for services ren- the requirements of paragraph (1). TITLE II—ANDEAN TRADE dered to the extent that such amount (3) EXECUTIVE AGENCY.—For purposes of PREFERENCES ACT charged is not more than— this subsection, the term ‘‘executive agency’’ ‘‘(i) 10 percent of such aggregate amount Sec. 201. Extension of Andean Trade Pref- has the meaning given the term in section 4 erence Act. through the settlement, minus of the Office of Federal Procurement Policy TITLE III—OFFSETS ‘‘(ii) the total amount of all legal fees Act (41 U.S.C. 403). charged for services rendered in connection (c) APPLICATION.—This section and the Sec. 301. Customs user fees. with such settlement. amendments made by this section shall be Sec. 302. Time for payment of corporate esti- ‘‘(3) DISCRETION TO LOWER FEE.—In the applied in a manner consistent with United mated taxes. event that the special master finds that the States obligations under international TITLE IV—BUDGETARY EFFECTS fee limit set by paragraph (1) or (2) provides agreements. Sec. 401. Compliance with PAYGO. excessive compensation for services rendered SEC. 302. RENEWAL OF FEES FOR VISA-DEPEND- TITLE I—EXTENSION OF TRADE ADJUST- in connection with such claim, the Special ENT EMPLOYERS. MENT ASSISTANCE AND HEALTH COV- Master may, in the discretion of the Special Subsections (a), (b), and (c) of section 402 of ERAGE IMPROVEMENT Master, award as reasonable compensation Public Law 111-230 are amended by striking for services rendered an amount lesser than ‘‘2014’’ each place that such appears and in- Subtitle A—Extension of Trade Adjustment that permitted for in paragraph (1).’’. serting ‘‘2015’’. Assistance TITLE III—REVENUE RELATED TITLE IV—BUDGETARY EFFECTS SEC. 101. EXTENSION OF TRADE ADJUSTMENT AS- SISTANCE. PROVISIONS SEC. 401. COMPLIANCE WITH STATUTORY PAY-AS- SEC. 301. EXCISE TAX ON CERTAIN FOREIGN PRO- YOU-GO ACT OF 2010. (a) IN GENERAL.—Section 1893(a) of the CUREMENT. The budgetary effects of this Act, for the Trade and Globalization Adjustment Assist- (a) IMPOSITION OF TAX.— purpose of complying with the Statutory ance Act of 2009 (Public Law 111–5; 123 Stat. (1) IN GENERAL.—Subtitle D of the Internal Pay-As-You-Go-Act of 2010, shall be deter- 422) is amended by striking ‘‘January 1, 2011’’ Revenue Code of 1986 is amended by adding mined by reference to the latest statement each place it appears and inserting ‘‘Febrary at the end the following new chapter: titled ‘‘Budgetary Effects of PAYGO Legisla- 13, 2011’’. ‘‘CHAPTER 50—FOREIGN PROCUREMENT tion’’ for this Act, submitted for printing in (b) APPLICATION OF PRIOR LAW.—Section ‘‘Sec. 5000C. Imposition of tax on certain the Congressional Record by the Chairman of 1893(b) of the Trade and Globalization Ad- foreign procurement. the Senate Budget Committee, provided that justment Assistance Act of 2009 (Public Law 111–5; 123 Stat. 422 (19 U.S.C. 2271 note prec.)) ‘‘SEC. 5000C. IMPOSITION OF TAX ON CERTAIN such statement has been submitted prior to FOREIGN PROCUREMENT. the vote on passage. is amended to read as follows: ‘‘(a) IMPOSITION OF TAX.—There is hereby ‘‘(b) APPLICATION OF PRIOR LAW.—Chapters imposed on any foreign person that receives SA 4924. Mr. BROWN of Ohio (for 2, 3, 4, 5, and 6 of title II of the Trade Act of a specified Federal procurement payment a himself, Mr. CASEY, Mr. BAUCUS, Mr. 1974 (19 U.S.C. 2271 et seq.) shall be applied and administered beginning February 13, tax equal to 2 percent of the amount of such MCCAIN, and Mr. KYL) proposed an specified Federal procurement payment. 2011, as if the amendments made by this sub- amendment to the bill H.R. 6517, to ex- title (other than part VI) had never been en- ‘‘(b) SPECIFIED FEDERAL PROCUREMENT tend trade adjustment assistance and PAYMENT.—For purposes of this section, the acted, except that in applying and admin- term ‘specified Federal procurement pay- certain trade preference programs, to istering such chapters— ment’ means any payment made pursuant to amend the Harmonized Tariff Schedule ‘‘(1) section 245 of that Act shall be applied a contract with the Government of the of the United States to modify tempo- and administered by substituting ‘February United States for— rarily certain rates of duty, and for 12, 2012’ for ‘December 31, 2007’; ‘‘(1) the provision of goods, if such goods other purposes; as follows: ‘‘(2) section 246(b)(1) of that Act shall be applied and administered by substituting are manufactured or produced in any coun- Strike all after the enacting clause and in- ‘February 12, 2012’ for ‘the date that is 5 try which is not a party to an international sert the following: years’ and all that follows through ‘State’; procurement agreement with the United SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(3) section 256(b) of that Act shall be ap- States, or (a) SHORT TITLE.—This Act may be cited as plied and administered by substituting ‘the ‘‘(2) the provision of services, if such serv- the ‘‘Omnibus Trade Act of 2010’’. 1-year period beginning February 13, 2011, ices are provided in any country which is not (b) TABLE OF CONTENTS.—The table of con- a party to an international procurement tents for this Act is as follows: and ending February 12. 2012,’ for ‘each of fis- cal years 2003 through 2007, and $4,000,000 for agreement with the United States. Sec. 1. Short title; table of contents. ‘‘(c) FOREIGN PERSON.—For purposes of this the 3-month period beginning on October 1, section, the term ‘foreign person’ means any TITLE I—EXTENSION OF TRADE ADJUST- 2007,’; person other than a United States person. MENT ASSISTANCE AND HEALTH COV- ‘‘(4) section 298(a) of that Act shall be ap- ‘‘(d) ADMINISTRATIVE PROVISIONS.— ERAGE IMPROVEMENT plied and administered by substituting ‘the ‘‘(1) WITHHOLDING.—The amount deducted Subtitle A—Extension of Trade Adjustment 1-year period beginning February 13, 2011, and withheld under chapter 3 shall be in- Assistance and ending February 12. 2012,’ for ‘each of the creased by the amount of tax imposed by Sec. 101. Extension of trade adjustment as- fiscal years’ and all that follows through ‘Oc- this section on such payment. sistance. tober 1, 2007’; and

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‘‘(5) subject to subsection (a)(2), section 285 (A) by amending paragraph (1) to read as (c) EFFECTIVE DATE.—The amendments of that Act shall be applied and adminis- follows: made by this section shall apply to coverage tered— ‘‘(1) IN GENERAL.—There are authorized to months beginning after December 31, 2010. ‘‘(A) in subsection (a), by substituting be appropriated to the Secretary to carry SEC. 112. PAYMENT FOR THE MONTHLY PRE- ‘February 12, 2011’ for ‘December 31, 2007’ out this subchapter— MIUMS PAID PRIOR TO COMMENCE- each place it appears; and ‘‘(A) $150,000,000 for fiscal year 2010; and MENT OF THE ADVANCE PAYMENTS ‘‘(B) by applying and administering sub- ‘‘(B) $17,3000 for the 6-week period begin- OF CREDIT. section (b) as if it read as follows: ning January 1, 2011 and ending February 12, (a) IN GENERAL.—Section 7527(e) of the In- ‘‘ ‘(b) OTHER ASSISTANCE.— 2011.’’; and ternal Revenue Code of 1986 is amended by ‘‘ ‘(1) ASSISTANCE FOR FIRMS.— (B) in paragraph (2)(A), by striking ‘‘De- striking ‘‘January 1, 2011’’ and inserting ‘‘ ‘(A) IN GENERAL.—Except as provided in cember 31, 2010’’ and inserting ‘‘February 12, ‘‘February 13, 2011’’. subparagraph (B), assistance may not be pro- 2011’’. (b) EFFECTIVE DATE.—The amendment vided under chapter 3 after February 12, 2012. (8) Section 278(e) of the Trade Act of 1974 made by this section shall apply to coverage months beginning after December 31, 2010. ‘‘ ‘(B) EXCEPTION.—Notwithstanding sub- (19 U.S.C. 2372(e)) is amended by striking paragraph (A), any assistance approved ‘‘2011’’ and inserting ‘‘and annually there- SEC. 113. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR under chapter 3 on or before February 12, after’’. CREDIT. 2012, may be provided— (9) Section 279A(h)(2) of the Trade Act of (a) IN GENERAL.—Section 35(c)(2)(B) of the ‘‘ ‘(i) to the extent funds are available pur- 1974 (19 U.S.C. 2373(h)(2)) is amended by strik- Internal Revenue Code of 1986 is amended by suant to such chapter for such purpose; and ing ‘‘2011’’ and inserting ‘‘and annually striking ‘‘January 1, 2011’’ and inserting ‘‘ ‘(ii) to the extent the recipient of the as- thereafter’’. ‘‘February 13, 2011’’. sistance is otherwise eligible to receive such (10) Section 279B(a) of the Trade Act of 1974 (b) EFFECTIVE DATE.—The amendment assistance. (19 U.S.C. 2373a(a)) is amended to read as fol- made by this section shall apply to coverage ‘‘ ‘(2) FARMERS.— lows: months beginning after December 31, 2010. ‘‘(a) IN GENERAL.— ‘‘ ‘(A) IN GENERAL.—Except as provided in SEC. 114. TAA PRE-CERTIFICATION PERIOD RULE subparagraph (B), assistance may not be pro- ‘‘(1) AUTHORIZATION.—There are authorized FOR PURPOSES OF DETERMINING vided under chapter 6 after February 12, 2012. to be appropriated to the Secretary of Labor WHETHER THERE IS A 63-DAY LAPSE ‘‘ ‘(B) EXCEPTION.—Notwithstanding sub- to carry out the Sector Partnership Grant IN CREDITABLE COVERAGE. paragraph (A), any assistance approved program under section 279A— (a) IRC AMENDMENT.—Section 9801(c)(2)(D) under chapter 6 on or before February 12, ‘‘(A) $40,000,000 for fiscal year 2010; and of the Internal Revenue Code of 1986 is 2012, may be provided— ‘‘(B) $4,600,000 for the 6-week period begin- amended by striking ‘‘January 1, 2011’’ and ‘‘ ‘(i) to the extent funds are available pur- ning January 1, 2011, and ending February 12, inserting ‘‘February 13, 2011’’. suant to such chapter for such purpose; and 2011. (b) ERISA AMENDMENT.—Section ‘‘ ‘(ii) to the extent the recipient of the as- ‘‘(2) AVAILABILITY OF APPROPRIATIONS.— 701(c)(2)(C) of the Employee Retirement In- sistance is otherwise eligible to receive such Funds appropriated pursuant to this section come Security Act of 1974 (29 U.S.C. assistance.’.’’. shall remain available until expended.’’. 1181(c)(2)(C)) is amended by striking ‘‘Janu- (c) CONFORMING AMENDMENTS.— (11) Section 285 of the Trade Act of 1974 (19 ary 1, 2011’’ and inserting ‘‘February 13, (1) Section 236(a)(2)(A) of the Trade Act of U.S.C. 2271 note) is amended— 2011’’. 1974 (19 U.S.C. 2296(a)(2)(A)) is amended to (A) by striking ‘‘December 31, 2010’’ each (c) PHSA AMENDMENT.—Section read as follows: place it appears and inserting ‘‘February 12, 2701(c)(2)(C) of the Public Health Service Act ‘‘(2)(A) The total amount of payments that 2011’’; and (as in effect for plan years beginning before may be made under paragraph (1) shall not (B) in subsection (a)(2)(A), by inserting January 1, 2014) is amended by striking exceed— ‘‘pursuant to petitions filed under section 221 ‘‘January 1, 2011’’ and inserting ‘‘February ‘‘(i) $575,000,000 for fiscal year 2010; and before February 12, 2011’’ after ‘‘title’’. 13, 2011’’. ‘‘(ii) $66,500,000 for the 6-week period begin- (12) Section 298(a) of the Trade Act of 1974 (d) EFFECTIVE DATE.—The amendments ning January 1, 2011, and ending February 12, (19 U.S.C. 2401g(a)) is amended by striking made by this section shall apply to plan 2011.’’. ‘‘$90,000,000 for each of the fiscal years 2009 years beginning after December 31, 2010. (2) Section 245(a) of the Trade Act of 1974 and 2010, and $22,500,000 for the period begin- SEC. 115. CONTINUED QUALIFICATION OF FAM- (19 U.S.C. 2317(a)) is amended by striking ning October 1, 2010, and ending December 31, ILY MEMBERS AFTER CERTAIN EVENTS. ‘‘December 31, 2010’’ and inserting ‘‘February 2010’’ and inserting ‘‘$10,400,000 for the 6-week (a) IN GENERAL.—Section 35(g)(9) of the In- 12, 2011’’. period beginning January 1, 2011, and ending ternal Revenue Code of 1986, as added by sec- (3) Section 246(b)(1) of the Trade Act of 1974 February 12, 2011’’. tion 1899E(a) of the American Recovery and (19 U.S.C. 2318(b)(1)) is amended by striking (13) The table of contents for the Trade Act Reinvestment Tax Act of 2009 (relating to ‘‘December 31, 2010’’ and inserting ‘‘February of 1974 is amended by striking the item relat- continued qualification of family members 12, 2011’’. ing to section 235 and inserting the fol- after certain events), is amended by striking (4) Section 255(a) of the Trade Act of 1974 lowing: ‘‘January 1, 2011’’ and inserting ‘‘February (19 U.S.C. 2345(a)) is amended— ‘‘Sec. 235. Employment and case manage- 13, 2011’’. (A) in the first sentence to read as follows: ment services.’’. (b) CONFORMING AMENDMENT.—Section ‘‘There are authorized to be appropriated to (d) EFFECTIVE DATE.—The amendments 173(f)(8) of the Workforce Investment Act of the Secretary to carry out the provisions of made by this section shall take effect on 1998 (29 U.S.C. 2918(f)(8)) is amended by strik- this chapter $50,000,000 for fiscal year 2010 January 1, 2011. ing ‘‘January 1, 2011’’ and inserting ‘‘Feb- and $5,800,000 for the 6-week period beginning SEC. 102. MERIT STAFFING FOR STATE ADMINIS- ruary 13, 2011’’. January 1, 2011, and ending February 12, TRATION OF TRADE ADJUSTMENT (c) EFFECTIVE DATE.—The amendments 2011.’’; and ASSISTANCE. made by this section shall apply to months (B) in paragraph (1), by striking ‘‘Decem- (a) IN GENERAL.—Notwithstanding section beginning after December 31, 2010. 618.890(b) of title 20, Code of Federal Regula- ber 31, 2010’’ and inserting ‘‘February 12, SEC. 116. EXTENSION OF COBRA BENEFITS FOR 2011’’. tions, or any other provision of law, the sin- CERTAIN TAA-ELIGIBLE INDIVID- (5) Section 275(f) of the Trade Act of 1974 gle transition deadline for implementing the UALS AND PBGC RECIPIENTS. (19 U.S.C. 2371d(f)) is amended by striking merit-based State personnel staffing require- (a) ERISA AMENDMENTS.— ‘‘2011’’ and inserting ‘‘and annually there- ments contained in section 618.890(a) of title (1) PBGC RECIPIENTS.—Section 602(2)(A)(v) after’’. 20, Code of Federal Regulations, shall not be of the Employee Retirement Income Secu- (6) Section 276(c)(2) of the Trade Act of 1974 earlier than February 12, 2011. rity Act of 1974 (29 U.S.C. 1162(2)(A)(v)) is (19 U.S.C. 2371e(c)(2)) is amended to read as (b) EFFECTIVE DATE.—This section shall amended by striking ‘‘December 31, 2010’’ and follows: take effect on December 14, 2010. inserting ‘‘February 12, 2011’’. ‘‘(2) FUNDS TO BE USED.—Of the funds ap- Subtitle B—Health Coverage Improvement (2) TAA-ELIGIBLE INDIVIDUALS.—Section propriated pursuant to section 277(c), the SEC. 111. IMPROVEMENT OF THE AFFORDABILITY 602(2)(A)(vi) of such Act (29 U.S.C. Secretary may make available, to provide OF THE CREDIT. 1162(2)(A)(vi)) is amended by striking ‘‘De- grants to eligible communities under para- (a) IN GENERAL.—Section 35(a) of the Inter- cember 31, 2010’’ and inserting ‘‘February 12, graph (1), not more than— nal Revenue Code of 1986 is amended by 2011’’. ‘‘(A) $25,000,000 for fiscal year 2010; and striking ‘‘January 1, 2011’’ and inserting (b) IRC AMENDMENTS.— ‘‘(B) $2,900,000 for the 6-week period begin- ‘‘February 13, 2011’’. (1) PBGC RECIPIENTS.—Section ning January 1, 2011, and ending February 12, (b) CONFORMING AMENDMENT.—Section 4980B(f)(2)(B)(i)(V) of the Internal Revenue 2011.’’. 7527(b) of such Code is amended by striking Code of 1986 is amended by striking ‘‘Decem- (7) Section 277(c) of the Trade Act of 1974 ‘‘January 1, 2011’’ and inserting ‘‘February ber 31, 2010’’ and inserting ‘‘February 12, (19 U.S.C. 2371f(c)) is amended— 13, 2011’’. 2011’’.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00122 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23546 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 (2) TAA-ELIGIBLE INDIVIDUALS.—Section tion’’ for this Act, submitted for printing in The preamble was agreed to. 4980B(f)(2)(B)(i)(VI) of such Code is amended the Congressional Record by the Chairman of The resolution, with its preamble, by striking ‘‘December 31, 2010’’ and insert- the Senate Budget Committee, provided that reads as follows: ing ‘‘February 12, 2011’’. such statement has been submitted prior to S. CON. RES. 78 (c) PHSA AMENDMENTS.—Section the vote on passage. 2202(2)(A)(iv) of the Public Health Service Whereas President Clinton, with the ap- f Act (42 U.S.C. 300bb–2(2)(A)(iv)) is amended proval of Congress and the bipartisan sup- port of congressional sponsors, representing by striking ‘‘December 31, 2010’’ and insert- ARTS IN EDUCATION WEEK ing ‘‘February 12, 2011’’. the States of the Delta in both the House of Representatives and the Senate, launched (d) EFFECTIVE DATE.—The amendments Mr. BAYH. Madam President, I ask made by this section shall apply to periods of unanimous consent that the Health, the Delta Regional Authority on December coverage which would (without regard to the Education, Labor and Pensions Com- 21, 2000, in an effort to alleviate the eco- nomic hardship facing the Delta region and amendments made by this section) end on or mittee be discharged from further con- after December 31, 2010. to create a more level playing field for the sideration of H. Con. Res. 275, and the counties and parishes of such States to com- SEC. 117. ADDITION OF COVERAGE THROUGH Senate proceed to its immediate con- pete for jobs and investment; VOLUNTARY EMPLOYEES’ BENE- FICIARY ASSOCIATIONS. sideration. Whereas the Delta Regional Authority is a Federal-State partnership that serves 252 (a) IN GENERAL.—Section 35(e)(1)(K) of the The PRESIDING OFFICER (Ms. counties and parishes in parts of Alabama, Internal Revenue Code of 1986 is amended by CANTWELL). Without objection, it is so Arkansas, Illinois, Kentucky, Louisiana, striking ‘‘January 1, 2011’’ and inserting ordered. Mississippi, Missouri, and Tennessee; ‘‘February 13, 2012’’. The clerk will report the concurrent Whereas the Delta region holds great (b) EFFECTIVE DATE.—The amendment resolution by title. promise for access and trade, as the region made by this section shall apply to coverage The assistant legislative clerk read borders the world’s greatest transportation months beginning after December 31, 2010. as follows: arterial in the Mississippi River; SEC. 118. NOTICE REQUIREMENTS. A concurrent resolution (H. Con. Res. 275) Whereas the Delta boasts a strong cultural (a) IN GENERAL.—Section 7527(d)(2) of the expressing support for designation of the heritage as the birthplace of the blues and Internal Revenue Code of 1986 is amended by week beginning on the second Sunday of Sep- jazz music and as home to world famous cui- striking ‘‘January 1, 2011’’ and inserting tember as Arts in Education Week. sine, which people throughout the United ‘‘February 13, 2011’’. States and the world identify with the re- (b) EFFECTIVE DATE.—The amendment There being no objection, the Senate gion; made by this section shall apply to certifi- proceeded to consider the concurrent Whereas the counties and parishes served cates issued after December 31, 2010. resolution. by the Delta Regional Authority constitute TITLE II—ANDEAN TRADE PREFERENCES Mr. BAYH. I ask unanimous consent an economically-distressed area facing chal- ACT that the concurrent resolution be lenges such as undeveloped infrastructure systems, insufficient transportation options, SEC. 201. EXTENSION OF ANDEAN TRADE PREF- agreed to, the preamble be agreed to, ERENCE ACT. the motions to reconsider be laid upon struggling education systems, migration out of the region, substandard health care, and (a) EXTENSION.—Section 208(a)(1) of the An- the table with no intervening action or the needs to develop, recruit, and retain a dean Trade Preference Act (19 U.S.C. debate, and any statements related to 3206(a)(1)) is amended to read as follows: qualified workforce and to build strong com- the measure be printed in the RECORD. ‘‘(1) remain in effect— munities that attract new industries and em- ‘‘(A) with respect to Colombia after Feb- The PRESIDING OFFICER. Without ployment opportunities; Whereas the Delta Regional Authority has ruary 12, 2011; and objection, it is so ordered. made significant progress toward addressing ‘‘(B) with respect to Peru after December The concurrent resolution (H. Con. such challenges during its first 10 years of 31, 2010;’’. Res. 275) was agreed to. work; (b) ECUADOR.—Section 208(a)(2) of the An- The preamble was agreed to. Whereas the Delta Regional Authority op- dean Trade Preference Act (19 U.S.C. erates a highly successful grant program in 3206(a)(2)) is amended by striking ‘‘December f each of the 8 States it serves, allowing cities, 31, 2010’’ and inserting ‘‘February 12, 2011’’. HONORING THE WORK AND MIS- counties, and parishes to leverage money (c) TREATMENT OF CERTAIN APPAREL ARTI- SION OF THE DELTA REGIONAL from other Federal agencies and private in- CLES.—Section 204(b)(3)(E)(ii)(II) of the Ande- AUTHORITY vestors; an Trade Preference Act (19 U.S.C. 3203(b)(3)) Whereas the Delta Regional Authority has is amended (ii)(II), by striking ‘‘December 31, Mr. BAYH. I ask unanimous consent invested nearly $86,200,000 into more than 600 2010’’ and inserting ‘‘February 12, 2011’’. that the Environment and Public projects during the first decade of existence, (d) ANNUAL REPORT.—Section 203(f)(1) of Works Committee be discharged from leveraging $1,400,000,000 in private sector in- the Andean Trade Preference Act (19 U.S.C. further consideration and the Senate vestment and producing an overall 22 to 1 re- 3202(f)(1)) is amended by striking ‘‘every 2 turn on taxpayer dollars; years’’ and inserting ‘‘annually’’. now proceed to S. Con. Res. 78. The PRESIDING OFFICER. Without Whereas the Delta Regional Authority is TITLE III—OFFSETS objection, it is so ordered. working with partners to create or retain ap- SEC. 301. CUSTOMS USER FEES. proximately 19,000 jobs and is bringing the The clerk will report the concurrent critical infrastructure to sustain new water Section 13031(j)(3) of the Consolidated Om- resolution by title. nibus Budget Reconciliation Act of 1985 (19 and sewer services for more than 43,000 fami- U.S.C. 58c(j)(3)) is amended— The assistant legislative clerk read lies; (1) in subparagraph (A), by striking ‘‘Sep- as follows: Whereas an independent report from the tember 30, 2019’’ and inserting ‘‘January 7, A concurrent resolution (S. Con. Res. 78) Department of Agriculture’s Economic Re- 2020’’; and honoring the work and mission of the Delta search Service found that per capita income (2) in subparagraph (B)(i), by striking Regional Authority on the occasion of the grew more rapidly in counties and parishes ‘‘September 30, 2019’’ and inserting ‘‘January 10th anniversary of the Federal-State part- where the Delta Regional Authority had the 14, 2020’’. nership created to uplift the 8-State Delta greatest investment, showing that each addi- tional dollar of Delta Regional Authority’s SEC. 302. TIME FOR PAYMENT OF CORPORATE ES- region. per capita spending results in a $15 increase TIMATED TAXES. There being no objection, the Senate The percentage under paragraph (2) of sec- in personal income; proceeded to consider the concurrent Whereas the Delta Regional Authority has tion 561 of the Hiring Incentives to Restore resolution. Employment Act in effect on the date of the developed a culture of transparency, passing enactment of this Act is increased by 4.5 per- Mr. BAYH. Madam President, I ask 9 independent audits showing tangible re- centage points. unanimous consent that the concur- sults; Whereas during its first 10 years, the Delta TITLE IV—BUDGETARY EFFECTS rent resolution be agreed to, the pre- amble be agreed to, and the motion to Regional Authority has laid a strong founda- SEC. 401. COMPLIANCE WITH PAYGO. reconsider be laid upon the table. tion for working with State Governors, Fed- The budgetary effects of this Act, for the eral partners, community leaders, and pri- purpose of complying with the Statutory The PRESIDING OFFICER. Without vate sector investors to capitalize on the re- Pay-As-You-Go Act of 2010, shall be deter- objection, it is so ordered. gion’s strong points and serve as an eco- mined by reference to the latest statement The concurrent resolution (S. Con. nomic multiplier for the 8–State region, titled ‘‘Budgetary Effects of PAYGO Legisla- Res. 78) was agreed to. helping communities tackle challenges and

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00123 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23547 cultivating a climate conducive to job cre- a time of war, a crime under international all suffered mass killing episodes through vi- ation; law, and declares that the parties to the Con- olence starvation, or death in prison camps. Whereas the Delta Regional Authority has vention will undertake to prevent and to . . . Looking ahead over the next 5 years, a expanded its regional initiatives in the areas punish that crime; number of countries in Africa and Asia are of health care, transportation, leadership øWhereas the United States was the first at significant risk for a new outbreak of training, and information technology, and is nation to sign the Convention on the Preven- mass killing.’’; also increasing efforts in the areas of small tion and Punishment of the Crime of Geno- øWhereas the Quadrennial Defense Review, business development, entrepreneurship, and cide, and the Senate voted to ratify the Con- released in February 2010, states that the De- alternative energy jobs; and vention on the Prevention and Punishment fense Department should be prepared to pro- Whereas the Delta Regional Authority of the Crime of Genocide on February 11, vide the President with options for ‘‘pre- stands prepared to use the groundwork es- 1986; venting human suffering due to mass atroc- tablished during its first decade as a spring- øWhereas the Act entitled, ‘‘An Act to es- ities or large-scale natural disasters board to create new opportunities for Delta tablish the United States Holocaust Memo- abroad’’; communities in the future: Now, therefore, rial Council’’, approved October 7, 1980 (Pub- øWhereas the 2010 National Security Strat- be it lic Law 96–388), established the United States egy notes, ‘‘The United States is committed Resolved by the Senate (the House of Rep- Holocaust Memorial Council to commemo- to working with our allies, and to strength- resentatives concurring), That the Congress— rate the Holocaust, establish a memorial ening our own internal capabilities, in order (1) recognizes the 10th anniversary of the museum to the victims, and develop a com- to ensure that the United States and the founding of the Delta Regional Authority; mittee to stimulate worldwide action to pre- international community are proactively en- and vent or stop future genocides; gaged in a strategic effort to prevent mass (2) honors and celebrates the Delta Re- øWhereas the passage of the Genocide Con- atrocities and genocide. In the event that gional Authority’s first decade of work to vention Implementation Act of 1987 (Public prevention fails, the United States will work improve the economy and well-being of the Law 100–606), also known as the Proxmire both multilaterally and bilaterally to mobi- 8–State Delta region, and the promise of the Act, made genocide a crime under United lize diplomatic, humanitarian, financial, Delta Regional Authority’s continued work States law; and—in certain instances—military means to in the future. øWhereas, in response to lessons learned prevent and respond to genocide and mass atrocities.’’; f from Rwanda and Bosnia, President William J. Clinton established a genocide and mass øWhereas genocide and mass atrocities RECOGNIZING THE UNITED atrocities early warning system by estab- often result from and contribute to insta- STATES NATIONAL INTEREST IN lishing an Atrocities Prevention Interagency bility and conflict, which can cross borders Working Group, chaired by an Ambassador- and exacerbate threats to international secu- HELPING TO PREVENT MASS rity and the national security of the United ATROCITIES at-Large for War Crimes Issues from 1998 to 2000; States; Mr. BAYH. Madam President, I ask øWhereas, in 2005, the United States and all øWhereas the failure to prevent genocide unanimous consent that the Senate other members of the United Nations agreed and mass atrocities can lead to significant proceed to the immediate consider- that the international community has ‘‘a re- costs resulting from regional instability, ref- ugee flows, peacekeeping, economic loss, and ation of Calendar No. 722, S. Con. Res. sponsibility to use appropriate diplomatic, humanitarian and other peaceful means, in the challenges of post-conflict reconstruc- 71. tion and reconciliation; and The PRESIDING OFFICER. The accordance with Chapter VI and VIII of the United Nations Charter, to help protect pop- øWhereas United States leadership and ac- clerk will report the resolution by ulations from genocide, war crimes, ethnic tions toward preventing and mitigating fu- title. cleansing and crimes against humanity,’’ ture genocides and mass atrocities can save The assistant legislative clerk read and to take direct action if national authori- human lives and help foster beneficial global as follows: ties are unwilling or unable to protect their partnerships: Now, therefore, be it¿ Whereas, in the aftermath of the Holocaust, A concurrent resolution (S. Con. Res. 71) populations; øWhereas the 2006 National Security Strat- the international community vowed ‘‘never recognizing the United States national inter- again’’ to allow systematic killings on the basis est in helping to prevent and mitigate acts of egy of the United States stated, ‘‘The world needs to start honoring a principle that of nationality, ethnicity, race, or religion; genocide and other mass atrocities against Whereas a number of other genocides and many believe has lost its force in parts of the civilians, and supporting and encouraging ef- mass atrocities have occurred, both prior to and international community in recent years: forts to develop a whole of government ap- since that time; proach to prevent and mitigate such acts. genocide must not be tolerated. It is a moral Whereas the United States Government has imperative that states take action to pre- There being no objection, the Senate undertaken many initiatives to ensure that vic- vent and punish genocide. . . . tims of genocide and mass atrocities are not for- proceeded to consider the concurrent We must refine United States Government resolution with an amendment and an gotten, and as a leader in the international efforts—economic, diplomatic, and law-en- community, the United States has committed to amendment to the preamble, as fol- forcement—so that they target those indi- work with international partners to help to pre- lows: viduals responsible for genocide and not the vent genocide and mass atrocities and to help [Strike the parts shown in boldface innocent citizens they rule.’’; protect civilian populations at risk of such; ø brackets and insert the parts printed in Whereas the United States Holocaust Me- Whereas the United Nations General Assembly italic.] morial Museum, the American Academy of adopted the Convention on the Prevention and Diplomacy, and the United States Institute Punishment of the Crime of Genocide in 1948, S. CON. RES. 71 of Peace convened a Genocide Prevention which declares genocide, whether committed in ø Whereas, in the aftermath of the Holo- Task Force, co-chaired by former Secretary a time of peace or in a time of war, a crime caust, the international community vowed of State Madeleine Albright and former Sec- under international law, and declares that the ‘‘never again’’ to allow systematic killings retary of Defense William Cohen, to explore parties to the Convention will undertake to pre- on the basis of nationality, ethnicity, race, how the United States Government could vent and to punish that crime; or religion; better respond to threats of genocide and Whereas the United States was the first na- øWhereas a number of other genocides and mass atrocities; tion to sign the Convention on the Prevention mass atrocities have occurred, both prior to øWhereas the final report of the Genocide and Punishment of the Crime of Genocide, and and since that time; Prevention Task Force, released in Decem- the Senate voted to ratify the Convention on the øWhereas the United States Government ber 2008, concluded that the lack of an over- Prevention and Punishment of the Crime of has undertaken many initiatives to ensure arching policy framework or a standing Genocide on February 11, 1986; that victims of genocide and mass atrocities interagency process, as well as insufficient Whereas the Act entitled, ‘‘An Act to establish are not forgotten, and as a leader in the and uncoordinated institutional capacities, the United States Holocaust Memorial Council’’, international community, the United States undermines the ability of the United States approved October 7, 1980 (Public Law 96–388), has committed to work with international Government to help prevent genocide or established the United States Holocaust Memo- partners to prevent genocide and mass atroc- mass killings and offered recommendations rial Council to commemorate the Holocaust, es- ities and to help protect civilian populations for creating a government wide strategy; tablish a memorial museum to the victims, and at risk of such; øWhereas the former Director of National develop a committee to stimulate worldwide ac- øWhereas the United Nations General As- Intelligence, in his annual threat assessment tion to prevent or stop future genocides; sembly adopted the Convention on the Pre- to Congress in February 2010, highlighted Whereas the passage of the Genocide Conven- vention and Punishment of the Crime of countries at risk of genocide and mass atroc- tion Implementation Act of 1987 (Public Law Genocide in 1948, which declares genocide, ities and stated, ‘‘Within the past 3 years, 100–606), also known as the Proxmire Act, made whether committed in a time of peace or in the Democratic Republic of Congo and Sudan genocide a crime under United States law;

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00124 Fmt 0686 Sfmt 6333 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23548 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 Whereas, in response to lessons learned from United States will work both multilaterally and and commercial actors found to be directly Rwanda and Bosnia, President William J. Clin- bilaterally to mobilize diplomatic, humanitarian, supporting or enabling genocides and mass ton established a genocide and mass atrocities financial, and—in certain instances—military atrocities; early warning system by establishing an Atroc- means to prevent and respond to genocide and ø(7) recognizes the importance of flexible ities Prevention Interagency Working Group, mass atrocities.’’; contingency crisis funding to enable United chaired by an Ambassador-at-Large for War Whereas genocide and mass atrocities often States civilian agencies to respond quickly Crimes Issues from 1998 to 2000; result from and contribute to instability and to help prevent and mitigate crises that Whereas, in 2005, the United States and all conflict, which can cross borders and exacerbate could lead to significant armed conflict, other members of the United Nations agreed that threats to international security and the na- genocide, and other mass atrocities; the international community has ‘‘a responsi- tional security of the United States; ø(8) urges the Secretary of Defense to con- bility to use appropriate diplomatic, humani- Whereas the failure to prevent genocide and duct an analysis of the doctrine, organiza- tarian and other peaceful means, in accordance mass atrocities can lead to significant costs re- tion, training, material, leadership, per- with Chapter VI and VIII of the United Nations sulting from regional instability, refugee flows, sonnel, and facilities required to prevent and Charter, to help protect populations from geno- peacekeeping, economic loss, and the challenges respond to genocide and mass atrocities; cide, war crimes, ethnic cleansing and crimes of post-conflict reconstruction and reconcili- ø(9) encourages the Secretary of State and against humanity’’; ation; and Secretary of Defense to work with the rel- Whereas the United States and all other mem- Whereas United States leadership and actions evant congressional committees to ensure bers of the United Nations further pledged that toward preventing and mitigating future geno- that a priority goal of all United States se- they were ‘‘prepared to take collective action, in cides and mass atrocities can save human lives curity assistance and training is to support a timely and decisive manner, through the Secu- and help foster beneficial global partnerships: legitimate, accountable security forces com- rity Council, in accordance with the [UN] Char- Now, therefore, be it mitted to upholding the sovereign responsi- ter, including Chapter VII, on a case-by-case Resolved by the Senate (the House of Rep- bility to protect civilian populations from basis and in cooperation with relevant regional resentatives concurring), øThat the Senate— violence, especially genocide and other mass organizations as appropriate, should peaceful ø(1) recommits to honor the memory of the atrocities; means be inadequate and national authorities victims of the Holocaust as well as the vic- ø(10) supports efforts by the United States are manifestly failing to protect their popu- tims of all past genocides and mass atroc- Government to provide logistical, commu- lations from genocide, war crimes, ethnic cleans- ities; nications, and intelligence support, as appro- ing and crimes against humanity’’; ø(2) affirms that it is in the national inter- priate, to assist multilateral diplomatic ef- Whereas the 2006 National Security Strategy est and aligned with the values of the United forts and peace operations in preventing of the United States stated, ‘‘The world needs to States to work vigorously with international mass atrocities and protecting civilians; start honoring a principle that many believe has partners to prevent and mitigate future ø(11) calls on other members of the inter- lost its force in parts of the international com- genocides and mass atrocities; national community to increase their sup- munity in recent years: genocide must not be ø(3) supports efforts made thus far by the port for multilateral diplomatic efforts and tolerated. It is a moral imperative that states President, the Secretary of State, the Ad- peace operations to more effectively prevent take action to prevent and punish genocide. . .. ministrator of the United States Agency for mass atrocities and protect civilians; We must refine United States Government ef- International Development, the Secretary of ø(12) encourages the Secretary of State to forts—economic, diplomatic, and law-enforce- Defense, and the Director of National Intel- work closely with regional and international ment—so that they target those individuals re- ligence to improve the capacity of the organizations, the United Nations Special sponsible for genocide and not the innocent citi- United States Government to anticipate, Adviser for the Prevention of Genocide, and zens they rule.’’; prevent, and address genocide and mass civil society experts to develop and expand Whereas the United States Holocaust Memo- atrocities, including the establishment of an multilateral mechanisms for early warning, rial Museum, the American Academy of Diplo- interagency policy committee and a Na- information sharing, and rapid response di- macy, and the United States Institute of Peace tional Security Council position dedicated to plomacy for the prevention of genocide and convened a Genocide Prevention Task Force, co- the prevention of genocide and other mass other mass atrocities; and chaired by former Secretary of State Madeleine atrocities; ø(13) commits to calling attention to areas Albright and former Secretary of Defense Wil- ø(4) urges the President— at risk of genocide and other mass atrocities liam Cohen, to explore how the United States ø(A) to direct relevant departments and and ensuring that the United States Govern- Government could better respond to threats of agencies of the United States Government to ment has the tools and resources to enable genocide and mass atrocities; review and evaluate existing capacities for its efforts to prevent genocide and mass Whereas the final report of the Genocide Pre- anticipating, preventing, and responding to atrocities.¿ vention Task Force, released in December 2008, genocide and other mass atrocities, and to That the Senate— concluded that the lack of an overarching pol- determine specific steps to coordinate and (1) recommits to honor the memory of the vic- icy framework or a standing interagency proc- enhance those capacities; and tims of the Holocaust as well as the victims of ess, as well as insufficient and uncoordinated ø(B) to develop and communicate a whole all past genocides and mass atrocities; institutional capacities, undermines the ability of government approach and policy to antici- (2) affirms that it is in the national interest of the United States Government to help prevent pate, prevent, and mitigate acts of genocide and aligned with the values of the United States genocide or mass killings and offered rec- and other mass atrocities; to work vigorously with international partners ommendations for creating a government wide ø(5) urges the Secretary of State, working to prevent and mitigate future genocides and strategy; closely with the Administrator of the United mass atrocities; Whereas, in February 2010, the former Direc- States Agency for International Develop- (3) supports the establishment of an inter- tor of National Intelligence, in his annual ment— agency policy committee and a National Secu- threat assessment to Congress, highlighted ø(A) to ensure that all relevant officers of rity Council position dedicated to the prevention countries at risk of genocide and mass atrocities the Foreign Service and particularly those of genocide and other mass atrocities; and stated, ‘‘Within the past 3 years, the Demo- deploying to areas undergoing significant (4) urges the President— cratic Republic of Congo and Sudan all suffered conflict or considered to be at risk of signifi- (A) to direct relevant departments and agen- mass killing episodes through violence starva- cant conflict, genocide, and other mass cies of the United States Government to review tion, or death in prison camps. . .. Looking atrocities receive appropriate advanced and evaluate existing capacities for antici- ahead over the next 5 years, a number of coun- training in early warning and conflict pre- pating, preventing, and responding to genocide tries in Africa and Asia are at significant risk vention, mitigation, and resolution; and other mass atrocities, and to determine spe- for a new outbreak of mass killing.’’; ø(B) to determine appropriate leadership, cific steps to coordinate and enhance those ca- Whereas the Quadrennial Defense Review, re- structure, programs, and mechanisms within pacities; and leased in February 2010, states that the Defense the Department of State and the United (B) to develop and communicate a whole of Department should be prepared to provide the States Agency for International Develop- government approach and policy to anticipate, President with options for ‘‘preventing human ment that can enhance efforts to prevent prevent, and mitigate acts of genocide and other suffering due to mass atrocities or large-scale genocide and other mass atrocities; and mass atrocities; natural disasters abroad’’; ø(C) to include relevant recommendations (5) urges the Secretary of State, working close- Whereas the 2010 National Security Strategy for enhancing civilian capacities to help pre- ly with the Administrator of the United States notes, ‘‘The United States is committed to work- vent and mitigate genocide and mass atroc- Agency for International Development— ing with our allies, and to strengthening our ities in the upcoming Quadrennial Diplo- (A) to ensure that all relevant officers of the own internal capabilities, in order to ensure macy and Development Review; Foreign Service and particularly those deploy- that the United States and the international ø(6) urges the Secretary of the Treasury, ing to areas undergoing significant conflict or community are proactively engaged in a stra- working in consultation with the Secretary considered to be at risk of significant conflict, tegic effort to prevent mass atrocities and geno- of State, to review how sanctions and other genocide, and other mass atrocities receive ap- cide. In the event that prevention fails, the financial tools could be used against state propriate advanced training in early warning

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00125 Fmt 0686 Sfmt 6333 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23549 and conflict prevention, mitigation, and resolu- The committee amendment to the lations from genocide, war crimes, ethnic tion; preamble was agreed to. cleansing and crimes against humanity’’; (B) to determine appropriate leadership, struc- The preamble, as amended, was Whereas the 2006 National Security Strat- ture, programs, and mechanisms within the De- agreed to. egy of the United States stated, ‘‘The world partment of State and the United States Agency The concurrent resolution, as amend- needs to start honoring a principle that many believe has lost its force in parts of the for International Development that can enhance ed, with its preamble, as amended, efforts to help to prevent genocide and other international community in recent years: mass atrocities; and reads as follows: genocide must not be tolerated. It is a moral (C) to ensure recommendations for enhancing S. CON. RES. 71 imperative that states take action to pre- civilian capacities to help prevent and mitigate Whereas in the aftermath of the Holocaust, vent and punish genocide. . . . We must re- genocide and mass atrocities in the upcoming the international community vowed ‘‘never fine United States Government efforts—eco- Quadrennial Diplomacy and Development Re- again’’ to allow systematic killings on the nomic, diplomatic, and law-enforcement—so view; basis of nationality, ethnicity, race, or reli- that they target those individuals respon- (6) urges the Secretary of the Treasury, work- gion; sible for genocide and not the innocent citi- ing in consultation with the Secretary of State, Whereas a number of other genocides and zens they rule.’’; to review how sanctions and other financial mass atrocities have occurred, both prior to Whereas the United States Holocaust Me- tools could be used against individuals and enti- and since that time; morial Museum, the American Academy of ties found to be directly supporting or enabling Whereas the United States Government Diplomacy, and the United States Institute genocides and mass atrocities; has undertaken many initiatives to ensure of Peace convened a Genocide Prevention (7) recognizes the importance of flexible con- that victims of genocide and mass atrocities Task Force, co-chaired by former Secretary tingency crisis funding to enable United States are not forgotten, and as a leader in the of State Madeleine Albright and former Sec- civilian agencies to respond quickly to help pre- international community, the United States retary of Defense William Cohen, to explore vent and mitigate crises that could lead to sig- has committed to work with international how the United States Government could nificant armed conflict, genocide, and other partners to help to prevent genocide and better respond to threats of genocide and mass atrocities; mass atrocities and to help protect civilian mass atrocities; (8) urges the Secretary of Defense to conduct populations at risk of such; Whereas the final report of the Genocide an analysis of the doctrine, organization, train- Whereas the United Nations General As- Prevention Task Force, released in Decem- ing, material, leadership, personnel, and facili- sembly adopted the Convention on the Pre- ber 2008, concluded that the lack of an over- ties required to help prevent and respond to vention and Punishment of the Crime of arching policy framework or a standing genocide and mass atrocities; Genocide in 1948, which declares genocide, interagency process, as well as insufficient (9) encourages the Secretary of State and Sec- whether committed in a time of peace or in and uncoordinated institutional capacities, retary of Defense to work with the relevant con- a time of war, a crime under international undermines the ability of the United States gressional committees to promote the effective law, and declares that the parties to the Con- Government to help prevent genocide or use of United States security assistance and vention will undertake to prevent and to mass killings and offered recommendations training is to support legitimate, accountable se- punish that crime; for creating a government wide strategy; curity forces committed to upholding the sov- Whereas the United States was the first Whereas, in February 2010, the former Di- rector of National Intelligence, in his annual ereign responsibility to protect civilian popu- nation to sign the Convention on the Preven- threat assessment to Congress, highlighted lations from violence, especially genocide and tion and Punishment of the Crime of Geno- countries at risk of genocide and mass atroc- other mass atrocities; cide, and the Senate voted to ratify the Con- ities and stated, ‘‘Within the past 3 years, (10) supports efforts by the United States Gov- vention on the Prevention and Punishment the Democratic Republic of Congo and Sudan ernment to provide logistical, communications, of the Crime of Genocide on February 11, all suffered mass killing episodes through vi- and intelligence support, as appropriate, to as- 1986; olence starvation, or death in prison camps. sist multilateral diplomatic efforts and peace op- Whereas the Act entitled, ‘‘An Act to es- . . . Looking ahead over the next 5 years, a erations in preventing mass atrocities and pro- tablish the United States Holocaust Memo- number of countries in Africa and Asia are tecting civilians; rial Council’’, approved October 7, 1980 (Pub- at significant risk for a new outbreak of (11) calls on other members of the inter- lic Law 96–388), established the United States national community to increase their support mass killing.’’; Holocaust Memorial Council to commemo- Whereas the Quadrennial Defense Review, for multilateral diplomatic efforts and peace op- rate the Holocaust, establish a memorial erations to more effectively prevent mass atroc- released in February 2010, states that the De- museum to the victims, and develop a com- fense Department should be prepared to pro- ities and protect civilians; mittee to stimulate worldwide action to pre- (12) encourages the Secretary of State to work vide the President with options for ‘‘pre- vent or stop future genocides; venting human suffering due to mass atroc- closely with regional and international organi- Whereas the passage of the Genocide Con- zations, the United Nations Special Adviser for ities or large-scale natural disasters vention Implementation Act of 1987 (Public abroad’’; the Prevention of Genocide, and civil society ex- Law 100–606), also known as the Proxmire perts to develop and expand multilateral mecha- Whereas the 2010 National Security Strat- Act, made genocide a crime under United egy notes, ‘‘The United States is committed nisms for early warning, information sharing, States law; and rapid response diplomacy for the prevention to working with our allies, and to strength- Whereas in response to lessons learned ening our own internal capabilities, in order of genocide and other mass atrocities; and from Rwanda and Bosnia, President William (13) commits to calling attention to areas at to ensure that the United States and the J. Clinton established a genocide and mass risk of genocide and other mass atrocities and international community are proactively en- atrocities early warning system by estab- ensuring that the United States Government has gaged in a strategic effort to prevent mass lishing an Atrocities Prevention Interagency the tools and resources to enable its efforts to atrocities and genocide. In the event that Working Group, chaired by an Ambassador- help prevent genocide and mass atrocities. prevention fails, the United States will work at-Large for War Crimes Issues from 1998 to both multilaterally and bilaterally to mobi- Mr. BAYH. Mr. President, I ask unan- 2000; lize diplomatic, humanitarian, financial, imous consent that the committee-re- Whereas, in 2005, the United States and all and—in certain instances—military means to ported substitute to the concurrent other members of the United Nations agreed prevent and respond to genocide and mass resolution be agreed, the concurrent that the international community has ‘‘a re- atrocities.’’; resolution, as amended, be agreed to, sponsibility to use appropriate diplomatic, Whereas genocide and mass atrocities the committee-reported amendment to humanitarian and other peaceful means, in often result from and contribute to insta- accordance with Chapter VI and VIII of the the preamble be agreed to, the pre- bility and conflict, which can cross borders United Nations Charter, to help protect pop- and exacerbate threats to international secu- amble, as amended, be agreed to, the ulations from genocide, war crimes, ethnic rity and the national security of the United motions to reconsider be laid upon the cleansing and crimes against humanity’’; States; table, with no intervening action or de- Whereas the United States and all other Whereas the failure to prevent genocide bate, and that any statements related members of the United Nations further and mass atrocities can lead to significant to the measure be printed in the pledged that they were ‘‘prepared to take costs resulting from regional instability, ref- RECORD. collective action, in a timely and decisive ugee flows, peacekeeping, economic loss, and The PRESIDING OFFICER. Without manner, through the Security Council, in ac- the challenges of post-conflict reconstruc- cordance with the [UN] Charter, including tion and reconciliation; and objection, it is so ordered. Chapter VII, on a case-by-case basis and in Whereas United States leadership and ac- The committee amendment in the cooperation with relevant regional organiza- tions toward preventing and mitigating fu- nature of a substitute was agreed to. tions as appropriate, should peaceful means ture genocides and mass atrocities can save The concurrent resolution (S. Con. be inadequate and national authorities are human lives and help foster beneficial global Res. 71), as amended, was agreed to. manifestly failing to protect their popu- partnerships: Now, therefore, be it

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00126 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23550 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 Resolved by the Senate (the House of Rep- forts and peace operations in preventing penditures and $64,000,000,000 in indirect mor- resentatives concurring), That the Senate— mass atrocities and protecting civilians; bidity and mortality costs; (1) recommits to honor the memory of the (11) calls on other members of the inter- Whereas nearly half of the world’s popu- victims of the Holocaust as well as the vic- national community to increase their sup- lation lives in or near areas with poor air tims of all past genocides and mass atroc- port for multilateral diplomatic efforts and quality, which significantly increases the in- ities; peace operations to more effectively prevent cidence of lung diseases such as asthma and (2) affirms that it is in the national inter- mass atrocities and protect civilians; COPD, and more than 2,000,000 people die pre- est and aligned with the values of the United (12) encourages the Secretary of State to maturely due to indoor and outdoor air pol- States to work vigorously with international work closely with regional and international lution; partners to prevent and mitigate future organizations, the United Nations Special Whereas tuberculosis, an airborne infec- genocides and mass atrocities; Adviser for the Prevention of Genocide, and tion that attacks the lungs and other major (3) supports the establishment of an inter- civil society experts to develop and expand organs, is a leading global infectious disease; agency policy committee and a National Se- multilateral mechanisms for early warning, Whereas no new drugs have been developed curity Council position dedicated to the pre- information sharing, and rapid response di- for tuberculosis in more than 5 decades and vention of genocide and other mass atroc- plomacy for the prevention of genocide and the only vaccine is nearly a century old, yet ities; other mass atrocities; and there were 9,400,000 new cases in 2008, and (4) urges the President— (13) commits to calling attention to areas this curable disease kills 1,800,000 each year; (A) to direct relevant departments and at risk of genocide and other mass atrocities Whereas an estimated 12,000,000 adults in agencies of the United States Government to and ensuring that the United States Govern- the United States, are diagnosed with COPD, review and evaluate existing capacities for ment has the tools and resources to enable and another 12,000,000 have the disease but anticipating, preventing, and responding to its efforts to help prevent genocide and mass don’t know it; genocide and other mass atrocities, and to atrocities. Whereas COPD kills an estimated 126,000 determine specific steps to coordinate and f people in the United States each year, is cur- enhance those capacities; and rently the fourth leading cause of death in (B) to develop and communicate a whole of SUPPORTING THE GOALS AND the Nation, is the only one of the 4 major government approach and policy to antici- IDEALS OF THE YEAR OF THE causes that is still increasing in prevalence, pate, prevent, and mitigate acts of genocide LUNG 2010 and is expected to rise to become the third and other mass atrocities; leading cause of death in the United States; (5) urges the Secretary of State, working Mr. BAYH. Madam President, I ask Whereas lung cancer is the second most closely with the Administrator of the United unanimous consent that the Health, common cancer in the United States and the States Agency for International Develop- Education, Labor, and Pensions Com- most common cause of cancer deaths; ment— mittee be discharged from further con- Whereas the leading cause of lung cancer is (A) to ensure that all relevant officers of sideration of S. Res. 432, and the Sen- long-term exposure to tobacco smoke; the Foreign Service and particularly those ate proceed to its consideration. Whereas about 23,400,000 people in the deploying to areas undergoing significant The PRESIDING OFFICER. Without United States have asthma, a prevalence conflict or considered to be at risk of signifi- objection, it is so ordered. which has risen by over 150 percent since cant conflict, genocide, and other mass 1980; atrocities receive appropriate advanced The clerk will report. Whereas asthma is the most common training in early warning and conflict pre- The assistant legislative clerk read chronic disorder found in children, with vention, mitigation, and resolution; as follows: 7,000,000 affected; (B) to determine appropriate leadership, A resolution (S. Res. 432) supporting the Whereas flu and pneumonia together are structure, programs, and mechanisms within goals and ideals of the Year of the Lung 2010. the eighth leading cause of death in the the Department of State and the United There being no objection, the Senate United States; States Agency for International Develop- Whereas about 190,000 people in the United ment that can enhance efforts to help to pre- proceeded to consider the resolution. States are affected by acute respiratory dis- vent genocide and other mass atrocities; and Mr. BAYH. Madam President, I ask tress syndrome (ARDS) each year, a critical (C) to ensure recommendations for enhanc- unanimous consent that the resolution illness that results in sudden respiratory ing civilian capacities to help prevent and be agreed to, the preamble be agreed system failure, which is fatal in up to 30 per- mitigate genocide and mass atrocities in the to, the motions to reconsider be laid cent of cases; upcoming Quadrennial Diplomacy and Devel- upon the table, with no intervening ac- Whereas about 75,000 people in the United opment Review; tion or debate, and that any state- States die as a result of acute lung injury, a (6) urges the Secretary of the Treasury, ments related to the resolution be disease that can be triggered by infection, working in consultation with the Secretary drowning, traumatic accident, burn injuries, of State, to review how sanctions and other printed in the RECORD. blood transfusions, and inhalation of toxic financial tools could be used against individ- The PRESIDING OFFICER. Without substances, which kills approximately the uals and entities found to be directly sup- objection, it is so ordered. same number of people each year as die from porting or enabling genocides and mass The resolution (S. Res. 432) was breast cancer, colon cancer, and prostate atrocities; agreed to. cancer combined; (7) recognizes the importance of flexible The preamble was agreed to. Whereas of the 10 leading causes of infant contingency crisis funding to enable United The resolution, with its preamble, mortality in the United States, 4 are lung States civilian agencies to respond quickly reads as follows: diseases or have a lung disease component; to help prevent and mitigate crises that Whereas pulmonary fibrosis (PF) is a re- could lead to significant armed conflict, S. RES. 432 lentlessly progressive, ultimately fatal dis- genocide, and other mass atrocities; Whereas millions of people around the ease with a median survival rate of 2.8 years (8) urges the Secretary of Defense to con- world struggle each year for life and breath that has no life-saving therapy or cure; duct an analysis of the doctrine, organiza- due to lung diseases, including tuberculosis, Whereas more than 120,000 people are living tion, training, material, leadership, per- asthma, pneumonia, influenza, lung cancer with PF in the United States, 48,000 are diag- sonnel, and facilities required to help pre- and chronic obstructive pulmonary disease nosed with it each year, and as many as vent and respond to genocide and mass (COPD), pulmonary fibrosis, and more than 40,000 die annually, the same as die from atrocities; 8,100,000 die each year; breast cancer; (9) encourages the Secretary of State and Whereas lung diseases afflict people in Whereas the cause of sarcoidosis, an in- Secretary of Defense to work with the rel- every country and every socioeconomic flammatory disease that occurs most often evant congressional committees to promote group, but take the heaviest toll on the poor, in the lungs and has its highest incidence the effective use of United States security children, the elderly, and the weak; among young people aged 20 to 29, is un- assistance and training is to support legiti- Whereas lung disease is a serious public known; mate, accountable security forces committed health problem in the United States that af- Whereas 15 years ago, people with pul- to upholding the sovereign responsibility to fects adults and children of every age and monary hypertension lived on average less protect civilian populations from violence, race; than 3 years after diagnosis; especially genocide and other mass atroc- Whereas lower respiratory diseases are the Whereas new treatments have improved ities; fourth leading cause of death in the United survival rates and quality of life for those (10) supports efforts by the United States States; living with this condition, but it remains a Government to provide logistical, commu- Whereas the economic cost of lung diseases severe and often fatal illness; nications, and intelligence support, as appro- is expected to be $177,000,000,000 in 2009, in- Whereas Lymphangioleiomyomatosis priate, to assist multilateral diplomatic ef- cluding $114,000,000,000 in direct health ex- (LAM), a rare lung disease that affects

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00127 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23551 women exclusively and is also associated sources to combat lung disease including re- (agreed to on April 13, 1989), as amended by with tuberous sclerosis, has no treatment sources for research and research training Senate Resolution 149 of the One Hundred protocol or cure and is often misdiagnosed as programs worldwide: Now, therefore, be it Third Congress, 1st session (agreed to on Oc- asthma or emphysema; Resolved, That the Senate supports the tober 5, 1993), as further amended by Senate Whereas Hermansky-Pudlak Syndrome, a goals and ideals of the Year of the Lung. Resolution 75 of the One Hundred Sixth Con- genetic metabolic disorder which causes al- f gress, 1st session (agreed to on March 25, binism, visual impairment, and serious 1999), as further amended by Senate Resolu- bleeding due to platelet dysfunction, has no TECHNICAL CORRECTION TO S. tion 383 of the One Hundred Sixth Congress, cure and no standard of treatment; RES. 700 2d session (agreed to on October 27, 2000), as Whereas children’s interstitial lung dis- Mr. BAYH. Madam President, I ask further amended by Senate Resolution 355 of ease, a group of rare lung diseases, has many unanimous consent that the Senate the One Hundred Seventh Congress, 2d ses- different forms, including surfactant protein sion (agreed to on November 13, 2002), as fur- deficiency, chronic bronchiolitis, and con- proceed to the immediate consider- ther amended by Senate Resolution 480 of nective tissue lung disease, and is thus dif- ation of S. Res. 705, submitted earlier the One Hundred Eighth Congress, 2d session ficult to diagnose and treat; today. (agreed to November 20, 2004), as further Whereas the Centers for Disease Control The PRESIDING OFFICER. Without amended by Senate Resolution 625 of the One and Prevention estimates that 50,000,000 to objection, it is so ordered. Hundred Ninth Congress, 2d Session (agreed 70,000,000 adults in the United States suffer The clerk will report. to on December 6, 2006), and as further from disorders of sleep and wakefulness; The assistant legislative clerk read amended by Senate Resolution 715 of the One Whereas insufficient sleep is associated as follows: Hundred Tenth Congress, 2d session (agreed with a number of chronic diseases and condi- A resolution (S. Res. 705) providing for a to November 20, 2008), is further amended in tions, including diabetes, cardiovascular dis- technical correction to S. Res. 700. section 4 by striking ‘‘2010’’ and inserting ease, obesity, and depression; ‘‘2012’’. There being no objection, the Senate Whereas the average cost of treating se- f vere COPD is 5 times higher than treating proceeded to consider the resolution. mild COPD; Mr. BAYH. Madam President, I ask HONORING LULA DAVIS Whereas the appropriate medication and unanimous consent that the resolution Mr. BAYH. Madam President, I ask disease management of asthma can reduce be agreed to, the motion to reconsider unanimous consent that the Senate health care costs, including hospitalization, be laid upon the table, with no inter- emergency room visits, and physician visits, proceed to the immediate consider- vening action or debate, and that any ation of S. Res. 707, submitted earlier by half; statements related to the measure be Whereas the flu vaccine can prevent 60 per- today. cent of hospitalizations and 80 percent of printed in the RECORD. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without deaths from flu-related complications among clerk will report the resolution by the elderly; objection, it is so ordered. The resolution (S. Res. 705) was title. Whereas advances in medical research have The assistant legislative clerk read significantly improved the capacity to fight agreed to, as follows: as follows: lung disease by providing greater knowledge S. RES. 705 A resolution (S. Res. 707) honoring Lula about its causes, innovative diagnostic tools Resolved, to detect the disease, and new and improved Davis. SECTION 1. TECHNICAL CORRECTION. treatments that help people survive and re- Senate Resolution 700, 111th Congress, There being no objection, the Senate cover from this disease; agreed to December 10, 2010, is amended in proceeded to consider the resolution. Whereas there is no cure for major lung section 3(b)— Mr. REID. Madam President, every diseases including asthma, COPD, and lung (1) by striking paragraph (1); and working body needs a strong heart to cancer; (2) by redesignating paragraphs (2) through Whereas chronic lung diseases are a lead- function. This legislative body, the (5) as paragraphs (1) through (4), respec- Senate, is no different. For many ing cause of death and yet the quality of pal- tively. liative and end-of-life care for patients with years—as long as I have been in the chronic lung disease is significantly worse f Senate, and that is a while—Lula Davis than patients with other terminal illnesses; SENATE NATIONAL SECURITY has been the heart of the Senate. Whereas the National Institutes of Health, WORKING GROUP In 1997, when we elected her as assist- through its many institutes and centers, ant Democratic secretary, she was the through basic, clinical, and translational re- Mr. BAYH. Madam President, I ask search, plays a pivotal role in advancing the unanimous consent that the Senate first woman to hold that position. Be- prevention, detection, treatment, and cure of proceed to the immediate consider- fore the 111th Congress, we elected her lung disease; ation of S. Res. 706, submitted earlier to be the secretary of the majority— Whereas the Department of Veterans Af- today. the first African American in that role. fairs is actively engaged in research in res- The PRESIDING OFFICER. The Over the last 2 years, she has expertly piratory diseases that impact the Nation’s clerk will report the resolution by tackled one of the toughest jobs any- veterans; title. where in politics. Whereas the Environmental Protection More importantly, the last 2 years Agency establishes air quality standard and The assistant legislative clerk read enforcement programs to ensure the quality as follows: have also seen the debate and passage of the air we breathe; A resolution (S. Res. 706) extending the au- of some of the most historic legislation Whereas the Centers for Medicare and Med- thority for the Senate National Security in the entire history of the country— icaid Services, provides essential health in- Working Group. laws to protect Americans from health surance benefits for millions of patients with There being no objection, the Senate insurance companies, from Wall Street respiratory disorders; proceeded to consider the resolution. banks, from credit card companies, Whereas the Centers for Disease Control Mr. BAYH. Madam President, I ask from tobacco companies, from mort- and Prevention, through its many centers gage fraudsters, from unsafe food, from and programs, provides valuable prevention unanimous consent that the resolution and surveillance programs on diseases of the be agreed to, the motion to reconsider discrimination, from inequality, and lung; be laid upon the table with no inter- so, so much more. Whereas an international collaboration of vening action or debate, and that any Any one of these bills by itself would medical professional and scientific societies statements relating to the resolution define a session of Congress. We did all is working to enhance the general public’s be printed in the RECORD. of them in just the last 2 years, and we understanding of respiratory diseases, their The PRESIDING OFFICER. Without could not have done any of it without causes, prevention, treatment, and impact objection, it is so ordered. Lula Davis’s leadership. respiratory disease play in human health; The resolution (S. Res. 706) was Lula has come a long way since her and Whereas the initiative, The Year of the agreed to, as follows: days as a teacher and guidance coun- Lung, seeks to raise awareness about lung S. RES. 706 selor, and even further from her time health among the public, initiate action in Resolved, That Senate Resolution 105 of the in rural Louisiana. She started her communities worldwide, and advocate for re- One Hundred First Congress, 1st session Senate career as a legislative aide to

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00128 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23552 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 her home State Senator, the legendary gaged in since my tenure as Republican the strict observance of Senate rules Russell Long, and went on to serve in leader began, and long before that. I and protocols, she reflected love for almost every position on the floor have come to respect her deep knowl- this institution in all that she did for staff: office assistant, floor assistant, edge of the Senate rules and the impor- us. chief floor assistant, assistant sec- tant role she has played in advising The National Journal described her retary, and secretary. Democratic Senators over the past 2 as ‘‘an internally legendary staffer.’’ Anyone who has watched the Senate years. She is a constant presence on That is true. In the 221-year history of knows it is not always an easy place to the floor and an important part of Sen- the Senate, Lula Davis is only the sec- understand, and I am an expert on how ate life. We congratulate her on her ond woman—and the first African hard it is to understand it. Anyone who professional success, from her days as a American—ever to hold the position of has studied this institution, its idio- school teacher to her work on the floor secretary to the majority. syncrasies and intricacies knows it can of the U.S. Senate, and we wish her Her loyalty and devotion to this Sen- be extremely baffling. But Lula knows every happiness in the years ahead. ate are unmatched. She was the first this place inside and out like no one The PRESIDING OFFICER. The Sen- one here in the morning and the last else. She is fluent in the rhythms of ator from Illinois is recognized. one to leave at night. the Senate. She knows and respects its Mr. DURBIN. Madam President, be- I know I speak for all Senators from complex rules, both formal and infor- fore I make a statement on another the Democratic side and the Repub- mal. Her counsel, as a result, has al- issue, I join the majority leader in his lican side, as well, in saying she is ways been thoughtful and reliable to comments about the retirement of going to be missed. Unlike many, Lula every one of us. Lula Johnson Davis from the Senate. Davis did not move to Washington to She is loyal to the Senate and to its Before I came to the Senate, I was a get involved in politics. She started her Senators, and she respects the tradi- Member of the House of Representa- career as a high school teacher and tions that make this body great— tives for 14 years, and I greatly enjoyed guidance counselor. A friend told Lula which is why, in return, this body has that experience. It was certainly an about an opening in the office of her great respect for her and her hard amazing change to come from the home State Senator, Russell Long, of work. House to the Senate, to move from one Louisiana. She started her Hill career Lula has spent her Senate career be- congressional district to representing at the bottom, as a legislative cor- hind the scenes not just helping Sen- the entire State, to move from a 2-year respondent, answering mail. ators do our jobs but also quietly help- term to a 6-year term, to move from When Senator Long retired in 1989, ing young people, the hungry, and 434 colleagues to 99 fellow colleagues. Lula moved to the Democratic floor those in need. As tough and hard as All of these things took some getting staff and worked her way up from the Lula must be here on the Senate floor, used to, plus the fact that, in the lowliest assistant position to become she has a heart of gold. House, you were constricted on the use secretary to the majority. She founded and runs a nonprofit of time for speeches on the floor, and in As many hours as Lula devoted to called Leadership Cares, which each the Senate, there is almost no limit. If the Senate, it is hard to believe that year helps children in our community you want to speak forever, I think the she had time for anything else. But she provide quality meals to more than 650 Senate rules will accommodate you. founded an organization called families. She has encouraged many of Those changes all pale in comparison LeadershipCares, which tries to guide her fellow Senate staffers to join her to the single biggest change I ran into young people into successful lives by family and friends and volunteer to here, and that was facing the secretary helping others who are less fortunate. help. She has never asked for any rec- to the majority, Lula Johnson Davis. I Almost every class of pages on the ognition for this work or any of her knew that people throughout Capitol Democratic side would tell a story work because that is the kind of person Hill on both the House and Senate about Lula, because she became not she is. But Lula deserves our praise and sides at the staff level were extremely only their boss but their friend. She thanks for so much more. courteous, kind, and helpful. I found taught them a lot about life in their Senator LANDRIEU of Louisiana likes that throughout my career in the life experience here in the Senate. to tell a story about how much a part House, and I certainly found it in the I join my colleagues in wishing Lula of the Senate Lula really is, how great Senate. But the good thing about Lula the very best of luck as she begins the an institution our outgoing secretary Davis was that she was respectful of next chapter in life. of the majority is. Senator LANDRIEU Senators, but not deferential. She Mr. HARKIN. Madam President, al- once asked a group of Senate pages if would be happy to tell you when she though I don’t have anything written, I they had had a chance to meet the Sen- thought you had stepped out of line in was listening to the leader speak and ate leaders. They said: Yes. They had what you were wearing, and what you the whip talk about Lula Davis and all met Lula. were chewing, and what you might be she has done here in the Senate. I, too, Lula Davis has been the heart of the using your microphone for, your con- wish to pay my respects and give my Senate, and our appreciation for her is versations on the floor, and on and on. thanks and my best wishes to Lula heartfelt. I speak for each Senator, She did this in a way that first startled Davis as she leaves the Senate. Democrats and Republicans. me, because I wasn’t used to it in the For 30 years, she has been a loyal, For me, personally, Lula has been House. There was nobody like Lula in hard-working, passionate advocate for strong, resolute, and very wise. Words the House of Representatives to keep the people of this country in an cannot describe how I will miss Lula you in line. She did it, and I came to unelected role—a role that required her Davis. She has been indispensable and not only like it but respect it so much, to make sure the business of the Sen- she is irreplaceable. because I knew she was doing it not in ate was conducted. I know of no one On behalf of every Senator, I thank any personal way but because of her who knows the rules and how things Lula for her years of service to our love for the Senate. work and how things should go better caucus and for her more than 25 years They do a Roll Call survey about the than Lula Davis. At times, she knew of service to the Senate and the United most powerful staffers on Capitol Hill, everything, it seemed to me. Many States of America. and they rate them in four ways: know- times, we would go to her because we Mr. MCCONNELL. Madam President, how, muscle, spin control, and access. would have a bill on the floor and we I rise this evening to acknowledge the Lula always received the highest check would have something that would get retirement of Lula Davis, in apprecia- marks in every category but one—spin tied up. I would be managing a bill, and tion of her dedication to the Senate control. That is about right. Lula things would get into a big ball of wax and her many years of service to this Davis was never one to mince words in sometimes or seem like a big ball of institution. Lula has been a force in her role as secretary to the majority of string and you had to figure out how to every legislative effort we have en- the Senate. Tough, fair, insisting on unwind it. I would always go to Lula

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00129 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23553 Davis and say: OK, how do we get out Whereas throughout her time in the Sen- journment of the Senate, the President of this mess? We have an amendment ate, Lula Davis has played a major role in of the Senate, the President pro tem- on an amendment and a motion to re- managing the debate and passage of many pore, and the majority and minority commit and all these things piled up. significant pieces of legislation; leaders be authorized to make appoint- Whereas many legislative accomplish- And she always knew how to do it. She ments over the years would not have hap- ments to commissions, committees, always knew how to make sure the pened without the leadership of Lula Davis; boards, conferences, or interparliamen- place would run. Whereas Lula Davis lived in rural Lou- tary conferences authorized by law, by If you ever needed advice on how to isiana, and worked as a teacher and guidance concurrent action of the two Houses, or do something or accomplish some- counselor; by order of the Senate. thing, you could go to her. Of course, Whereas Lula Davis remains committed to The PRESIDING OFFICER. Without sometimes she would give you advice children in our community, founding and objection, it is so ordered. continuing to run a nonprofit mentoring and you didn’t want to hear. Sometimes f you wanted to do something, and she charitable organization called ‘‘Leadership had to be the person to say: Well, the Cares,’’ which provides holiday meals to APPOINTMENTS more than 650 families annually; rules just won’t allow you to do that. Whereas Lula Davis has encouraged many The PRESIDING OFFICER. The So there were times I would get frus- of her fellow Senate staff to volunteer along- Chair, on behalf of the Republican trated, and I would say: But I want to side her family and friends to make a dif- leader, in consultation with the chair- do this; this is for the good of the coun- ference for those in need; man of the Senate Committee on In- try. And Lula Davis would say: Well, Whereas Lula Davis started her Senate ca- dian Affairs and the chairman of the Senator, you are just going to have to reer as a legislative aide to her home-state Senate Committee on the Judiciary, find some other way to do it. Senator, Russell Long, and went on to serve pursuant to Public Law 111–211, ap- in almost every position on the floor staff, So that is just my way to pay respect points the following individual to be a to a person who devoted so much of her including office assistant, floor assistant, chief floor assistant, Assistant Secretary, member of the Indian Law and Order life to this Senate. A lot of times, we and Secretary; Commission: Affie Ellis of Wyoming. find ourselves here late at night, and Whereas Lula Davis is a master of the com- The Chair, on behalf of the majority once in a while, I would think I was the plex formal and informal rules under which leader, after consultation with the last person to leave, but Lula was al- the Senate operates; chairman of the Select Committee on ways the last person to leave and al- Whereas Lula Davis has consistently pro- Intelligence of the Senate, and pursu- ways the person—if you came in early vided thoughtful and reliable advice to both ant to the provisions of Public Law Democratic and Republican leadership and in the day, she was the first person 107–306, as amended by Public Law 111– here. So she has really been such an in- all members of the Senate; Whereas Lula Davis is loyal to the Senate 259, announces the appointment of the tegral part of the Senate, the Senate and to Senators, and respects the traditions following individual to serve as a mem- floor is going to have a vacancy with- that make this body great; ber of the National Commission for the out her in the future. Whereas the Senate has tremendous re- Review of the Research and Develop- So to Lula Davis, I say: Thank you spect for Lula Davis and her hard work, and ment Programs of the United States for so many years of friendship and deeply appreciates her enormous contribu- Intelligence Community: the Honor- tions to the Senate and to the United States: loyalty and hard work in helping to able MARK R. WARNER of Virginia. Now, therefore, be it make the Senate a more efficient, com- The Chair, on behalf of the majority patible working environment. Resolved, That the Senate expresses its deepest thanks to Lula Davis for her many leader, in consultation with the chair- I thank Lula Davis, and I wish her man of the Senate Committee on In- the best in her retirement. I hope she years of outstanding service to the United States Senate and to the United States of dian Affairs and the chairman of the doesn’t get too far away from the Sen- America. Senate Committee on the Judiciary, ate and that she comes back to see us f pursuant to Public Law 111–211, ap- once in a while to help us untangle points the following individuals to be that ball of string, as I am sure it is STAR PRINT—S. 583 members of the Indian Law and Order bound to become tangled again some- Mr. BAYH. Madam President, I ask Commission: Troy Eid of Colorado and time. unanimous consent that Calendar No. Jefferson Keel of Oklahoma. Mr. BAYH. Madam President, I ask 706, S. 583, reported from the Com- Mr. BAYH. Madam President, I sug- unanimous consent that the resolution mittee on Commerce, Science, and gest the absence of a quorum. be agreed to, the preamble be agreed Transportation on December 17, 2010, The PRESIDING OFFICER. The to, the motions to reconsider be laid be star printed with the changes at the clerk will call the roll. upon the table with no intervening ac- desk. An incorrect version of the com- The legislative clerk proceeded to tion or debate, and that any state- mittee substitute amendment was re- call the roll. ments relating to the resolution be ported to the Senate. Mr. REID. Madam President, I ask printed in the RECORD. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without unanimous consent that the order for objection, it is so ordered. objection, it is so ordered. the quorum call be rescinded. The resolution (S. Res. 707) was f The PRESIDING OFFICER. Without objection, it is so ordered. agreed to. SIGNING AUTHORITY The preamble was agreed to. f The resolution, with its preamble, Mr. BAYH. Madam President, I ask unanimous consent that Senator BAYH ACCOMPLISHMENTS OF THE 111TH reads as follows: CONGRESS S. RES. 707 be authorized to sign any duly enrolled bills or joint resolutions on Wednesday, Mr. REID. Madam President, when Whereas Lula Davis, the Secretary for the Majority, will be retiring at the end of the December 22, and that Senator LINCOLN we convened this Congress in January 111th Congress, after a long and distin- be authorized to sign any duly enrolled 2009, 750,000 Americans were losing guished career; bills or joint resolutions on Thursday, their jobs every month. Soon after this Whereas Lula Davis was first elected as As- December 23, and Friday, December 24. Congress began, an auto industry near- sistant Democratic Secretary in 1997, and The PRESIDING OFFICER. Without ly imploded, and within a year an oil she was the first woman ever to hold that po- objection, it is so ordered. well exploded. It was a tough 2 years sition; f for our Nation and for so many fami- Whereas Lula Davis was elected to be the lies. It was also a time of remarkable Secretary for the Majority at the beginning APPOINTMENTS AUTHORITY of the 111th Congress, the first African progress. American to serve in this position, and dur- Mr. BAYH. Madam President, I ask When this Congress began, insurance ing the 111th Congress she has expertly tack- unanimous consent that notwith- companies were free to deny health led one of the toughest jobs in politics; standing the upcoming recess or ad- care to the sick for any excuse they

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00130 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23554 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 could come up with. The doughnut hole technological innovation, and main- American people sent us last month. that sent seniors’ prescription drug taining this country’s competitive They do not want us to sit around and costs through the roof was wide open. edge. We made sure children can afford waste our time. They want us to work Wall Street firms had just crashed our to get the health care they need no together and work for them. They want economy, but they were still free to rip matter how much money their parents us to get things done. off investors while the Nation smol- make, and made sure even more We have been productive beyond any dered. schoolchildren who would otherwise go historical measure. But we cannot for- Cigarette companies could prey on hungry can get healthier meals. get the context: We have had to do children, credit card companies could We extended unemployment insur- more with less—passing some of the prey on consumers, and con artists ance for millions still struggling to most major pieces of legislation in his- could prey on families’ mortgages. find a job and extended COBRA sub- tory with the least bipartisan coopera- Employers were free to pay women sidies so those still struggling to find tion in history. I am sorry the minor- less than men, the safety of our food work can feed their families, fuel our ity party decided to sit on the side- supply was dangerously inadequate, economy and afford decent medical lines. I know the history books will re- and the definition of a hate crime was care. We strengthened Medicaid and member who was on the field. shamefully insufficient. Gay men and made sure doctors can still afford to I thank every Senator and every women who volunteered to defend and treat seniors on Medicare. We helped staffer who has worked so hard. They die for our country were asked to fight hundreds of thousands afford more have worked so tirelessly over these and die for values and principles they fuel-efficient cars and trucks. past 2 years. The distance we took didn’t have for themselves in America. With a national service bill named America from January 2009 to Decem- More than a year has passed since for Senator Ted Kennedy, we made it ber 2010 is one of the most remarkable American inspectors were on the easier for more Americans to serve times in the history of the world and ground to monitor the Russian nuclear their country, like our heroes of gen- our country. weapons arsenal. erations past. With one of the most im- I am very proud of the work this Con- We have turned each of these around. portant conservation bills in decades, gress did, and I sincerely hope that, de- Because of what we did in this Con- we protected our public lands for gen- spite a divided Capitol, the 112th Con- gress, we brought the economy back erations to come. We cut waste and gress will surpass only its record for from the brink of collapse, we cut taxes fraud in the way the Pentagon pur- significant legislation and not those for 95 percent of Americans, we in- chases military weapons. We made sure for endless stalemates. vested in important job-creating our troops have the equipment they I want to express my appreciation to projects, and we will keep working need on the battlefield and that our this wonderful staff we have here. They until everyone who wants to work can veterans have the care they need when work so very, very hard. They are here find a job. they come home. We gave everyone in before we arrive in the morning, they Because of what we did, families are the military a well-deserved pay raise. are here after we leave, and I am grate- safer from health insurance companies. We secured our borders with guards, ful for all they do. Our economy and its investors are fencing, and predator drones. We im- The court reporters are here taking safer from big banks. Consumers are posed sanctions on Iran to deter this down every word that we say—very safer from credit card companies, regime from acquiring a nuclear weap- professional. The enrollment clerks. homeowners are safer from mortgage on. We thawed our credit markets so Everybody who is here. The Parliamen- fraud, and all of us are safer from cor- Americans can get the loans they need tarians, whom we go to often to tell us porate fraud. to buy a car, send a child to college, or the hole we are in and how to get out Parents can know their children are even start a new business. We sup- of it. safer from cigarette companies, thanks ported the travel and tourism indus- I am grateful for everyone here for to legislation we passed that will save tries, which will create tens of thou- putting up with me and the hours I feel lives. Our food safety protections will sands of jobs and cut our deficit by we have to work with never a com- save countless more lives. hundreds of millions of dollars. plaint. I wish I had the ability to con- We also made historic strides for We confirmed many well-qualified vey what is in my heart—and I cer- equality and justice. With a hate nominees for positions in public service tainly don’t have the ability to do crimes bill that bears Emmitt Till’s and on the bench, including the third that—but I want everyone here to name, we stood up for those who are and fourth women—and the first ever know that I am very grateful for every- victims of violence because of their Latina—to serve on our Supreme one here working in such a wonderful race, ethnicity, or sexual orientation. Court. manner for our country. With a fair pay bill in Lilly Ledbetter’s We began this Congress with the I say to each one of you—I went name, we stood up for those who are challenge of keeping our economy from through a long list of things we have targets of discrimination in the work- a second Great Depression. We are not been able to accomplish—we couldn’t place because of their gender or back- all the way out of the ditch yet. We have done any of this without you. As ground. And we made right a wrong have come a long way since President much as I know about the rules, and I done long ago to African Americans Bush’s Treasury Secretary sat down know quite a bit about the rules, I have and American Indian farmers. with us and warned us of the dire to depend on the Parliamentarians to Because we repealed don’t ask, don’t stakes of inaction. tell me—really, to get the real scoop. I tell, our military is stronger and we In 2011, we have to do even more to admire what they do. They are very can still fulfill our Nation’s promise. put middle-class families first, to cre- fine lawyers. This area of the law they And because we ratified the START ate jobs and cut taxes. We will con- know better than anyone else in the treaty today, America and the world tinue to move America toward energy world. are safer from nuclear devastation. independence. We will continue to fight Madam President, I haven’t men- These are just the ones that got the to fix our broken immigration system. tioned the police officers, the door- biggest headlines. The 111th Congress And we will continue fighting for fair- keepers. These police officers, they are did much more. ness—including giving our first re- here right now as we speak. Most all in We cut taxes for the middle class and sponders the same workplace rights ev- the Chamber, of course, without uni- small business multiple times. We eryone else has. form. We have people every day with- made it easier for families to buy their This was, by far, the most productive out any exception wanting to do bad first home. We made it easier for stu- Congress in American history. And the things to this beautiful Capitol Com- dents to afford to go to college, and lameduck session we are finishing was plex. These wonderful police officers strengthened our commitment to re- the most productive of its kind. Why? keep this building and its inhabitants, search, math and science education, Because we heard the message the the people who work in this building—

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00131 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.004 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23555 it is not inhabitants, although I feel I ting a draft proposal to DEA—I was bloc: Calendar Nos. 1052, 1180, 1181, 1182, live here sometimes—they keep the told that any solution would require 1183, 1184, 1196, 1197, 1198, 1199, 1200, 1201, thousands of people who work in these each State to grant nursing homes the 1202, 1203, 1209, 1210, 1216, 1218, 1219, 1220, Capitol buildings safe. They do such a authority to dispense controlled sub- 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, wonderful job of taking care of us. stances pain medications. However, 1229, 1230, to and including 1267, and all Chief Gainer, who is the Sergeant at any solution requiring ‘‘state-by-state’’ nominations at the Secretary’s desk in Arms, is responsible for the police action would take many years to the Air Force, Army, Marine Corps, force. He does a wonderful job on this achieve. The urgent pain relief situa- Navy, and the Foreign Service; that side of the Capitol. tion in nursing homes will not permit the nominations be confirmed, en bloc, Madam President, I wish you, the such a long-term approach. When the and the motions to reconsider be laid Presiding Officer, my dear friend, and Judiciary Committee approved Ms. upon the table en bloc; that no further everyone here a very happy holiday Leonhart’s nomination, I asked to see motions be in order; that any state- season. I wish it could have been a lit- meaningful progress on the issue prior ments be printed in the RECORD; that tle longer, but it is better than a lot to her final confirmation. the President be immediately notified thought it would be. I am pleased to have recently re- of the Senate’s action. I suggest the absence of a quorum. ceived Attorney General Eric Holder’s The PRESIDING OFFICER. Without The PRESIDING OFFICER. The assurance that he will promptly deliver objection, it is so ordered. clerk will call the roll. the DOJ’s support for a legislative fix. The nominations considered and con- The legislative clerk proceeded to As a result of our discussion, I am re- firmed en bloc are as follows: call the roll. leasing the hold on Michele Leonhart’s DEPARTMENT OF DEFENSE Mr. BAYH. Madam President, I ask nomination, and I look forward to in- Jonathan Woodson, of Massachusetts, to be unanimous consent that the order for troducing a mutually acceptable legis- an Assistant Secretary of Defense. the quorum call be rescinded. lative fix in the opening days of the STATE JUSTICE INSTITUTE The PRESIDING OFFICER. Without 112th Congress. Wilfredo Martinez, of Florida, to be a objection, it is so ordered. Based on our agreement, DOJ will de- Member of the Board of Directors of the f liver draft legislation to me in January State Justice Institute for a term expiring September 17, 2013. LEONHART NOMINATION to permit the timely delivery of pain medications to nursing home residents. Chase Theodora Rogers, of Connecticut, to be a Member of the Board of Directors of the Mr. KOHL. Madam President, I rise The legislation will deem certain to announce that I have lifted the hold State Justice Institute for a term expiring nurses or other licensed health care September 17, 2012. I placed earlier this month on Michele professionals to be ‘‘authorized Isabel Framer, of Ohio, to be a Member of Leonhart’s nomination to be Adminis- agents.’’ Those agents will be chosen the Board of Directors of the State Justice trator of the U.S. Drug Enforcement and designated by the nursing home as Institute for a term expiring September 17, Agency, DEA. I had placed the hold re- agents of DEA-licensed practitioners— 2012. luctantly after numerous failed at- practitioners being the resident’s at- GOVERNMENT ACCOUNTABILITY OFFICE tempts to work with the agency for tending physician or specialist. They Eugene Louis Dodaro, of Virginia, to be over a year on the issue of delivering will be authorized to transmit the Comptroller General of the United States for pain medication to nursing home resi- practitioner’s order for a controlled a term of fifteen years. dents in a timely matter. substance, specifically schedule II MISSISSIPPI RIVER COMMISSION At a Special Committee on Aging drugs, to DEA-licensed pharmacies Samuel Epstein Angel, of Arkansas, to be a hearing I chaired earlier this year, pan- orally or by fax. The nursing home, Member of the Mississippi River Commission elists detailed a recent DEA enforce- while not licensed by DEA, will des- for a term of nine years. ment initiative that has delayed many ignate those authorized to transmit a DEPARTMENT OF JUSTICE nursing home patients from receiving practitioner’s order and to make a list Michele Marie Leonhart, of California, to much-needed medication to control of those authorized agents available to be Administrator of Drug Enforcement. their pain. For several years, nurses Stacia A. Hylton, of Virginia, to be Direc- the pharmacy. In exchange, nursing tor of the United States Marshals Service. had been able to call into pharmacies homes, practitioners, and pharmacies NATIONAL BOARD FOR EDUCATION SCIENCES urgently needed prescriptions fol- will be required to take certain steps lowing a doctor’s order. Pharmacies Robert Anacletus Underwood, of Guam, to to verify their accountability. be a Member of the Board of Directors of the would fill the order, patients would get I happily submit for the record a doc- their pain medication, and doctors National Board for Education Sciences for a ument detailing the specifics of our term expiring November 28, 2012. would follow up with written confirma- agreed-upon framework for the legisla- Anthony Bryk, of California, to be a Mem- tion of the prescription. Due to the tion outlined above. I am confident ber of the Board of Directors of the National DEA’s new enforcement initiative, that it will ensure our mutual interests Board for Education Sciences for a term ex- pharmacies face huge administrative are met by enabling nursing home resi- piring November 28, 2011. fines if they continue to follow this Kris D. Gutierrez, of Colorado, to be a dents to have the pain medication they Member of the Board of Directors of the Na- practice. Most disturbingly, nursing need while preventing drug diversion home residents sometimes must endure tional Board for Education Sciences for a and misuse. I would like to thank At- term expiring November 28, 2012. the pain for hours or even days as nurs- torney General Holder for his strong DEPARTMENT OF EDUCATION ing home staff try to adhere to the commitment to seeing that a Federal newly enforced regulations. Finally, Sean P. Buckley, of New York, to be Com- legislative solution can be moved for- missioner of Education Statistics for a term nursing homes have been forced to send ward in the opening weeks of the 112th expiring June 21, 2015. frail and pain-ridden residents to the Congress. After all, time is of the es- INSTITUTE OF MUSEUM AND LIBRARY SERVICES emergency room, at great cost, simply sence for nursing home residents who Susan H. Hildreth, of Washington, to be Di- to get pain medication that they used are in need of immediate pain relief. rector of the Institute of Museum and Li- to be able to get in their nursing home. brary Services. At Ms. Leonhart’s nominating hear- f NATIONAL FOUNDATION OF THE ARTS AND THE EXECUTIVE SESSION ing before the Judiciary Committee in HUMANITIES November, I expressed my disappoint- Allison Blakely, of Massachusetts, to be a ment that the DEA had not followed EXECUTIVE CALENDAR Member of the National Council on the Hu- through on the pledges made to the manities for a term expiring January 26, Aging panel in March to work with us Mr. BAYH. Madam President, I ask 2016. to address the problem swiftly. Nearly unanimous consent that the Senate UNITED STATES SENTENCING COMMISSION 2 weeks after her confirmation hear- proceed to executive session to con- Patti B. Saris, of Massachusetts, to be a ing—and three months after submit- sider the following nominations en Member of the United States Sentencing

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00132 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.005 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23556 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 Commission for a term expiring October 31, The following named officer for appoint- Colonel David C. Uhrich 2015. ment in the United States Air Force to the Colonel Roger H. Watkins Dabney Langhorne Friedrich, of Maryland, grade indicated while assigned to a position Colonel Mark W. Westergren to be a Member of the United States Sen- of importance and responsibility under title Colonel Scott J. Zobrist tencing Commission for a term expiring Oc- 10, U.S.C., section 601: The following named officers for appoint- tober 31, 2015. To be lieutenant general ment in the Reserve of the Air Force to the UNITED STATES SENTENCING COMMISSION Maj. Gen. Charles R. Davis grade indicated under title 10, U.S.C., section 12203: Patti B. Saris, of Massachusetts, to be The following named officer for appoint- To be major general Chair of the United States Sentencing Com- ment in the United States Air Force to the mission. grade indicated under title 10, U.S.C., section Brigadier General Thomas P. Harwood, III OVERSEAS PRIVATE INVESTMENT CORPORATION 624: Brigadier General Robert K. Millmann, Jr. Brigadier General William F. Schauffert Kevin Glenn Nealer, of Maryland, to be a To be major general Member of the Board of Directors of the Brigadier General Michael N. Wilson Brig. Gen. Michelle D. Johnson Overseas Private Investment Corporation for Brigadier General John T. Winters, Jr. a term expiring December 17, 2011. The following named officer for appoint- The following named officers for appoint- ment in the United States Air Force to the ment in the Reserve of the Air Force to the DEPARTMENT OF STATE grade indicated under title 10, U.S.C., section grade indicated under title 10, U.S.C., section Carol Fulp, of Massachusetts, to be a Rep- 624: 12203: resentative of the United States of America To be brigadier general to the Sixty-fifth Session of the General As- To be major general sembly of the United Nations. Brig. Gen. Brett T. Williams Colonel Randall C. Guthrie Jeanne Shaheen, of New Hampshire, to be The following named officer for appoint- Colonel Norman R. Ham, Jr. a Representative of the United States of ment in the United States Air Force to the Colonel Ronald B. Miller Colonel John J. Mooney, III America to the Sixty-fifth Session of the grade indicated under title 10, U.S.C., section Colonel David B. O’Brien General Assembly of the United Nations. 624: Roger F. Wicker, of Mississippi, to be a Colonel Richard W. Scobee To be major general Representative of the United States of Amer- Colonel Jocelyn M. Seng ica to the Sixty-fifth Session of the General Brig. Gen. James M. Holmes Colonel William B. Waldrop, Jr. Assembly of the United Nations. The following Air National Guard of the Colonel Tommy J. Williams Gregory J. Nickels, of Washington, to be United States officer for appointment in the Colonel Edward P. Yarish an Alternate Representative of the United Reserve of the Air Force to the grade indi- Colonel Sheila Zuehlke States of America to the Sixty-fifth Session cated under title 10, U.S.C., sections 12203 The following Air National Guard of the of the General Assembly of the United Na- and 12212: United States officers for appointment in the tions. To be brigadier general Reserve of the Air Force to the grades indi- William R. Brownfield, of Texas, a Career cated under title 10, U.S.C., sections 12203 Col. Wayne E. Lee Member of the Senior Foreign Service, Class and 12212: of Career Minister, to be an Assistant Sec- The following named officer for appoint- To be major general retary of State (International Narcotics and ment in the United States Air Force to the Brigadier General Frances M. Auclair Law Enforcement Affairs). grade indicated under title 10, U.S.C., section Brigadier General Barry K. Coln 624: UNITED STATES AGENCY FOR INTERNATIONAL Brigadier General Jeffrey R. Johnson DEVELOPMENT To be brigadier general Brigadier General Mary J. Kight Paige Eve Alexander, of Georgia, to be an Col. Timothy T. Jex Brigadier General Thomas R. Moore Assistant Administrator of the United The following named officers for appoint- Brigadier General John F. Nichols States Agency for International Develop- ment in the United States Air Force to the Brigadier General Leon S. Rice ment. grade indicated under title 10, U.S.C., section Brigadier General Gary L. Sayler Brigadier General Scott B. Schofield MILLENNIUM CHALLENGE CORPORATION 624: Brigadier General Jonathan T. Treacy Mark Green, of Wisconsin, to be a Member To be brigadier general Brigadier General Delilah R. Works of the Board of Directors of the Millennium Colonel Donald J. Bacon To be brigadier general Challenge Corporation for a term of three Colonel Warren D. Berry years. Colonel Steven P. Bullard Colonel Casey D. Blake Colonel Michael B. Compton DEPARTMENT OF STATE Colonel Mark Anthony Brown Colonel Murray A. Hansen Thomas R. Nides, of the District of Colum- Colonel Stephen A. Clark Colonel Jeffrey W. Hauser bia, to be Deputy Secretary of STate for Colonel Anthony J. Cotton Colonel William O. Hill Management and Resources. Colonel Thomas H. Deale Colonel Jerome P. Limoge, Jr. Colonel Stephen T. Denker MILLENNIUM CHALLENGE CORPORATION Colonel Donald A. McGregor Colonel John L. Dolan Alan J. Patricof, of New York, to be a Colonel Tony E. McMillian Colonel Michael E. Fortney Colonel Gregory L. Nelson Member of the Board of Directors of the Mil- Colonel Peter E. Gersten lennium Challenge Corporation for a term of Colonel Gary L. Nolan Colonel Robert P. Givens Colonel Michael E. Stencel two years. Colonel Thomas F. Gould DEPARTMENT OF AGRICULTURE Colonel Richard G. Turner Colonel Timothy S. Green Colonel William L. Welsh Ramona Emilia Romero, of Pennsylvania, Colonel Gina M. Grosso Colonel Daniel J. Zachman to be General Counsel of the Department of Colonel Joseph T. Guastella, Jr. IN THE ARMY Agriculture. Colonel David A. Harris The following named officer for appoint- SOCIAL SECURITY ADMINISTRATION Colonel Daryl J. Hauck ment in the Reserve of the Army to the Carolyn W. Colvin, of Maryland, to be Dep- Colonel John M. Hicks Colonel John P. Horner grade indicated under title 10, U.S.C., section uty Commissioner of Social Security for the 12203: term expiring January 19, 2013. Colonel Charles K. Hyde Colonel Patrick C. Malackowski To be major general IN THE AIR FORCE Colonel James R. Marrs Brig. Gen. Jon J. Miller The following named officer for appoint- Colonel Lawrence M. Martin, Jr. The following named officer for appoint- ment in the United States Air Force to the Colonel Jeffrey R. McDaniels ment in the United States Army to the grade grade indicated under title 10, U.S.C., section Colonel Mark M. McLeod indicated under title 10, U.S.C., section 624: 624: Colonel John K. McMullen To be major general To be major general Colonel Linda R. Medler Brigadier General Robert M. Brown Brig. Gen. Otis G. Mannon Colonel Matthew H. Molloy Colonel Michael T. Plehn The following Army National Guard of the The following named officer for appoint- Colonel Margaret B. Poore United States officer for appointment in the ment in the United States Air Force to the Colonel Thomas J. Sharpy Reserve of the Army to the grade indicated grade indicated under title 10, U.S.C., section Colonel Bradford J. Shwedo under title 10, U.S.C., sections 12203 and 624: Colonel Richard S. Stapp 12211: To be major general Colonel David R. Stilwell To be brigadier general Brig. Gen. Richard T. Devereaux Colonel Roger W. Teague Col. Benjamin F. Adams, III

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00133 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.005 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23557 The following named officers for appoint- Colonel Michael E. Williamson Reserve of the Army to the grades indicated ment in the Reserve of the Army to the Colonel Cedric T. Wins under title 10, U.S.C. sections 12203 and 12211: grades indicated under title 10, U.S.C., sec- The following named officer for appoint- To be major general tions 12203 and 12211: ment in the United States Army to the grade Brigadier General Joseph L. Culver To be major general indicated while assigned to a position of im- Brigadier General Francis P. Gonzales Brigadier General Douglas P. Anson portance and responsibility under title 10, Brigadier General David L. Harris Brigadier General Robert G. Catalanotti U.S.C., section 601: Brigadier General James R. Joseph Brigadier General Gregory E. Couch To be lieutenant general Brigadier General Jeff W. Mathis, III Brigadier General David S. Elmo Lt. Gen. Michael D. Barbero Brigadier General Henry C. McCann Brigadier General Jeffery E. Phillips The following named officer for appoint- Brigadier General Steven N. Wickstrom Brigadier General Robert P. Stall ment in the United States Army to the grade To be brigadier general Brigadier General Willaim D. Waff indicated while assigned to a position of im- Colonel James A. Adkins To be brigadier general portance and responsibility under title 10, Colonel Deborah A. Ashenhurst Colonel Daniel R. Ammerman U.S.C., section 601: Colonel Elizabeth D. Austin Colonel Edward G. Burley To be lieutenant general Colonel Linda C. Bode Colonel William F. Duffy Maj. Gen. Michael Ferriter Colonel Darlene M. Goff Colonel Patrick J. Reinert The following Army National Guard of the Colonel Scott A. Gronewold Colonel Douglas R. Satterfield United States officer for appointment in the Colonel Brian C. Harris Colonel John H. Turner, III Reserve of the Army to the grade indicated Colonel James H. Harris Colonel Hugh C. Vanroosen, II under title 10, U.S.C., sections 12203 and Colonel Samuel L. Henry Colonel Ricky L. Waddell 12211: Colonel Jay J. Hooper Colonel Keith E. Knowlton The following named officer for appoint- To be major general ment in the United States Army to the grade Colonel Francis S. Laudano, III indicated while assigned to a position of im- Brig. Gen. Manuel Ortiz, Jr. Colonel Rusty L. Lingenfelter portance and responsibility under title 10, The following named officers for appoint- Colonel Judd H. Lyons U.S.C., section 601: ment in the United States Army to the grade Colonel Eugene L. Mascolo indicated under title 10, U.S.C., section 624: To be general Colonel Michael W. McHenry To be major general Colonel Kevin L. McNeely Gen. Carter F. Ham Brigadier General Robert B. Abrams Colonel Glen E. Moore The following Army National Guard of the Brigadier General Allison T. Aycock Colonel Oliver L. Norrell, III United States officer for appointment in the Brigadier General Peter C. Bayer, Jr. Colonel William J. O’Neill Reserve of the Army to the grade indicated Brigadier General James C Boozer, Sr. Colonel Victor S. Perez under title 10, U.S.C., sections 12203 and Brigadier General Jeffrey S. Buchanan Colonel Harve T. Romine 12211: Brigadier General Gary H. Cheek Colonel Joanne F. Sheridan To be brigadier general Brigadier General Kendall P. Cox Colonel Paul G. Smith Col. Brian K. Balfe Brigadier General William T. Crosby Colonel Peter C. Vanamburgh Colonel Kathy J. Wright The following named officers for appoint- Brigadier General Anthony G. Crutchfield ment to the grade indicated in the United Brigadier General Peter N. Fuller The following Army National Guard of the States Army under title 10, U.S.C., section Brigadier General William K. Fuller United States officers for appointment in the 624: Brigadier General Walter M. Golden, Jr. Reserve of the Army to the grades indicated Brigadier General Patrick M. Higgins under title 10, U.S.C., sections 12203 and To be brigadier general Brigadier General Frederick B. Hodges 12211: Colonel Bradley A. Becker Brigadier General Anthony R. Ierardi To be major general Colonel Scott D. Berrier Brigadier General Richard C. Longo Brigadier General Ricky G. Adams Colonel Michael A. Bills Brigadier General Alan R. Lynn Brigadier General Barbaranette T. Bolden Colonel Gwendolyn Bingham Brigadier General David L. Mann Brigadier General Glenn H. Curtis Colonel David J. Bishop Brigadier General Bradley W. May Brigadier General Stephen C. Dabadie Colonel Matthew L. Brand Brigadier General Lloyd Miles Brigadier General Jonathan E. Farnham Colonel James B. Burton Brigadier General Mark A. Milley Brigadier General Leodis T. Jennings Colonel John W. Charlton Brigadier General Jennifer L. Napper Brigadier General Scott W. Johnson Colonel Guy T. Cosentino Brigadier General John W. Nicholson, Jr. To be brigadier general Colonel James H. Dickinson Brigadier General Raymond P. Palumbo Colonel Timothy J. Edens Brigadier General Gary S. Patton Colonel Dominic D. Archibald Colonel Charles A. Flynn Brigadier General Mark W. Perrin Colonel Arthur G. Austin, Jr. Colonel George J. Franz, III Brigadier General William E. Rapp Colonel Craig A. Bargfrede Colonel Theodore C. Harrison Brigadier General Thomas J. Richardson Colonel Courtney P. Carr Colonel Frederick A. Henry Brigadier General Frederick S. Rudesheim Colonel Joel D. Cusker Colonel Terence J. Hildner Brigadier General Bennet S. Sacolick Colonel Patrick J. Dolan Colonel Henry L. Huntley Brigadier General Frank D. Turner, III Colonel David A. Galloway Colonel Paul C. Hurley, Jr. Brigadier General Kevin R. Wendel Colonel Scott F. Gedling Colonel Mark S. Inch Brigadier General Larry D. Wyche Colonel Kevin s. Gerdes Colonel Ferdinand Irizarry, II The following named officer for appoint- Colonel Juan L. Griego Colonel Thomas S. James, Jr. ment to the grade indicated in the United Colonel Ralph H. Groover, III Colonel Ole A. Knudson States Army under title 10, U.S. section 624: Colonel Stephen R. Hogan Colonel Thomas W. Kula Colonel Daniel R. Hokanson To be brigadier general Colonel Clark W. Lemasters, Jr. Colonel Gary E. Huffman Colonel Theodore D. Martin Col. Jeffrey L. Bailey Colonel Ruth A. Irwin Colonel Brian J. Mckiernan The following named officer for appoint- Colonel Stephen E. Joyce Colonel Robin L. Mealer ment to the grade indicated in the United Colonel Richard F. Keene Colonel John B. Morrison, Jr. States Army under title 10, U.S.C., section Colonel Terry A. Lambert Colonel Sean P. Mulholland 624: Colonel Daniel B. Leatherman Colonel Kevin G. O’Connell To be brigadier general Colonel Elton Lewis Colonel Barrye L. Price Col. Curt A. Rauhut Colonel Timothy M. McKeithen Colonel Mark R. Quantock Colonel Paul J. Pena The following named officer for appoint- Colonel James M. Richardson Colonel Matthew T. Quinn ment in the United States Army to the grade Colonel Darsie D. Rogers, Jr. Colonel Mark A. Russo indicated under title 10, U.S.C., sections 624, Colonel Martin P. Schweitzer Colonel Orlando Salinas 3037, and 3064: Colonel Jeffrey A. Sinclair Colonel Bryan L. Saucerman Colonel Richard L. Stevens To be brigadier general, judge advocate Colonel Michael D. Schwartz Colonel Peter D. Utley general’s corps Colonel Timothy L. Sheppard Colonel Gary J. Volesky Col. Flora D. Darpino Colonel Rex A. Spitler Colonel Kirk F. Vollmecke The following Army National Guard of the Colonel Donald B. Tatum Colonel Darryl A. Williams United States officers for appointment in the Colonel James E. Taylor

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The following named officer for appoint- IN THE MARINE CORPS PN2318 AIR FORCE nominations (82) begin- ment in the United States Army to the grade The following named officers for appoint- ning RYAN J. ALBRECHT, and ending GA- indicated while assigned to a position of im- ment in the United States Marine Corps to BRIEL MATTHEW YOUNG, which nomina- portance and responsibility under title 10, the grade indicated under title 10, U.S.C., tions were received by the Senate and ap- U.S.C., section 601: section 624: peared in the Congressional Record of No- To be lieutenant general To be major general vember 17, 2010. PN2357 AIR FORCE nomination of Paul L. Maj. Gen. Howard B. Bromberg Brigadier General Kenneth F. McKenzie, Jr. Sherouse, which was received by the Senate The following Army National Guard of the The following named officer for appoint- and appeared in the Congressional Record of United States officers for appointment in the ment to the grade of lieutenant general in November 18, 2010. Reserve of the Army to the grades indicated the United States Marine Corps while as- PN2358 AIR FORCE nomination of Gabriel under title 10, U.S.C., sections 12203 and signed to a position of importance and re- C. Avilla, which was received by the Senate 12211: sponsibility under title 10, U.S.C., section and appeared in the Congressional Record of To be major general 601: November 18, 2010. Brigadier General Gregory W. Batts To be lieutenant general PN2359 AIR FORCE nominations (5) begin- Brigadier General Brent M. Boyles Lt. Gen. John M. Paxton, Jr. ning NATHAN P. CHRISTENSEN, and end- Brigadier General Jefferson S. Burton ing SARA A. WHITTINGHAM, which nomi- The following named officer for appoint- Brigadier General Lawrence E. Dudney, Jr. nations were received by the Senate and ap- ment to the grade of lieutenant general in Brigadier General Burton K. Francisco peared in the Congressional Record of No- the United States Marine Corps while as- Brigadier General Charles H. Gailes, Jr. vember 18, 2010. signed to a position of importance and re- Brigadier General Gary M. Hara PN2387 AIR FORCE nominations (287) be- sponsibility under title 10, U.S.C., section Brigadier General Timothy J. Kadavy ginning JESSICA L. ABBOTT, and ending 601: Brigadier General Patrick A. Murphy ANDREW J. WYNN, which nominations were Brigadier General Timothy E. Orr To be lieutenant general received by the Senate and appeared in the Brigadier General David C. Petersen Maj. Gen. Kenneth J. Glueck, Jr. Congressional Record of December 8, 2010. To be brigadier general The following named officer for appoint- PN2388 AIR FORCE nominations (154) be- ment to the grade of lieutenant general in ginning EDWARD R. ANDERSON, III, and Colonel Jerry R. Acton, Jr. ending DAVID H. ZONIES, which nomina- Colonel Dallen S. Atack the United States Marine Corps while as- signed to a position of importance and re- tions were received by the Senate and ap- Colonel James P. Begley, III peared in the Congressional Record of De- Colonel Alan J. Butson sponsibility under title 10, U.S.C., section 601: cember 8, 2010. Colonel Walter E. Fountain PN2389 AIR FORCE nominations (44) begin- Colonel Richard J. Gallant To be lieutenant general ning MICHAEL J. ALFARO, and ending Colonel Alberto C. Gonzalez Maj. Gen. Robert E. Milstead, Jr. SARA M. WILSON, which nominations were Colonel Johnny H. Isaak NOMINATIONS PLACED ON THE SECRETARY’S received by the Senate and appeared in the Colonel Gregory L. Kennedy DESK Congressional Record of December 8, 2010. Colonel Arthur J. Logan IN THE AIR FORCE PN2390 AIR FORCE nominations (25) begin- Colonel Neal G. Loidolt ning COREY R. ANDERSON, and ending SON PN2228 AIR FORCE nominations (1196) be- Colonel Jeffrey P. Marlette X. VU, which nominations were received by ginning BRIAN F. ABELL, and ending RAY Colonel Ted Martinell the Senate and appeared in the Congres- A. ZUNIGA, which nominations were re- Colonel Edward R. Morgan sional Record of December 8, 2010. Colonel Michael D. Navrkal ceived by the Senate and appeared in the Colonel Leesa J. Papier Congressional Record of September 23, 2010. IN THE ARMY Colonel Kenneth L. Reiner PN2308 AIR FORCE nomination of Joseph PN2009 ARMY nomination of Michael P. Colonel Sean A. Ryan T. Fetsch, which was received by the Senate McGaffigan, which was received by the Sen- Colonel Kenneth A. Sanchez and appeared in the Congressional Record of ate and appeared in the Congressional Colonel Steven T. Scott November 17, 2010. Record of July 21, 2010. Colonel William L. Stoppel PN2309 AIR FORCE nomination of Suzanne PN2192 ARMY nominations (16) beginning Colonel Lee E. Tafanelli M. Henderson, which was received by the EDWIN E. AHL, and ending D002419, which Colonel Keith Y. Tamashiro Senate and appeared in the Congressional nominations were received by the Senate and Colonel Guy E. Thomas Record of November 17, 2010. appeared in the Congressional Record of Sep- Colonel Neil H. Tolley PN2310 AIR FORCE nominations (4) begin- tember 20, 2010. Colonel David S. Visser ning CHARLES R. CORNELISSE, and ending PN2268 ARMY nominations (6) beginning Colonel Marianne E. Watson GERALD D. MCMANUS, which nominations DIANE J. BOESE, and ending PHILIP N. Colonel Martha N. Wong were received by the Senate and appeared in WASYLINA, which nominations were re- Colonel Anthony Woods the Congressional Record of November 17, ceived by the Senate and appeared in the 2010. Congressional Record of September 29, 2010. IN THE NAVY PN2311 AIR FORCE nominations (7) begin- PN2319 ARMY nomination of Robert C. The following named officer for appoint- ning ENEYA H. MULAGHA, and ending Dorman, which was received by the Senate ment in the United States Navy Reserve to CLAUDIA P. ZIMMERMANN, which nomina- and appeared in the Congressional Record of the grade indicated under title 10, U.S.C., tions were received by the Senate and ap- November 17, 2010. section 12203: peared in the Congressional Record of No- PN2320 ARMY nomination of David A. To be rear admiral (lower half) vember 17, 2010. Niemiec, which was received by the Senate Capt. Thomas E. Beeman PN2312 AIR FORCE nominations (8) begin- and appeared in the Congressional Record of The following named officer for appoint- ning LENA R. HASKELL, and ending WIL- November 17, 2010. ment in the United States Navy to the grade LIAM A. SOBLE, which nominations were PN2321 ARMY nomination of William L. indicated while assigned to a position of im- received by the Senate and appeared in the Vanasse, which was received by the Senate portance and responsibility under title 10, Congressional Record of November 17, 2010. and appeared in the Congressional Record of U.S.C., section 601: PN2314 AIR FORCE nominations (14) begin- November 17, 2010. ning RANDON H. DRAPER, and ending AN- PN2322 ARMY nomination of George A. To be vice admiral DREW S. WILLIAMS, which nominations Carpenter, which was received by the Senate Rear Adm. Gerald R. Beaman were received by the Senate and appeared in and appeared in the Congressional Record of The following named officer for appoint- the Congressional Record of November 17, November 17, 2010. ment in the United States Navy to the grade 2010. PN2323 ARMY nomination of Susan A. indicated under title 10, U.S.C., section 156: PN2315 AIR FORCE nominations (16) begin- Castorina, which was received by the Senate To be rear admiral (lower half) ning JANELLE E. COSTA, and ending JE- and appeared in the Congressional Record of Capt. James W. Crawford, III ROME E. WIZDA, which nominations were November 17, 2010. received by the Senate and appeared in the PN2324 ARMY nominations (2) beginning The following named officer for appoint- Congressional Record of November 17, 2010. THERESA C. COWGER, and ending MARIE ment in the United States Navy to the grade PN2317 AIR FORCE nominations (44) begin- N. WRIGHT, which nominations were re- indicated while assigned to a position of im- ning WILLIAM J. ANNEXSTAD, and ending ceived by the Senate and appeared in the portance and responsibility under title 10, STACEY J. VETTER, which nominations Congressional Record of November 17, 2010. U.S.C., section 601: were received by the Senate and appeared in PN2325 ARMY nominations (2) beginning To be vice admiral the Congressional Record of November 17, PAULA S. OLIVER, and ending GARY D. Vice Adm. Richard W. Hunt 2010. RIGGS, which nominations were received by

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00135 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.005 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23559 the Senate and appeared in the Congres- the Congressional Record of September 23, appeared in the Congressional Record of De- sional Record of November 17, 2010. 2010. cember 8, 2010. PN2326 ARMY nominations (4) beginning PN2215 FOREIGN SERVICE nominations f JOSEPH C. CARVER, and ending GARY L. (25) beginning Joseph Farinella, and ending PAULSON, which nominations were received Joseph C. Williams, which nominations were NOMINATIONS DISCHARGED by the Senate and appeared in the Congres- received by the Senate and appeared in the sional Record of November 17, 2010. Congressional Record of September 23, 2010. Mr. BAYH. Madam President, I ask PN2327 ARMY nomination of John E. John- PN2265 FOREIGN SERVICE nominations unanimous consent that the Judiciary son, II, which was received by the Senate and (150) beginning Patricia A. Butenis, and end- Committee be discharged en bloc from appeared in the Congressional Record of No- ing Keith A. Swinehart, which nominations the following nominations: PN 2350 and vember 17, 2010. were received by the Senate and appeared in PN 2351; that the Senate then proceed PN2328 ARMY nomination of Andrew S. the Congressional Record of September 29, en bloc to the nominations; that the 2010. Dreier, which was received by the Senate and nominations be confirmed en bloc and appeared in the Congressional Record of No- PN2298 FOREIGN SERVICE nominations vember 17, 2010. (137) beginning Louis John Fintor, and end- the motions to reconsider be laid upon PN2329 ARMY nominations (5) beginning ing Thomas F. Gray, Jr., which nominations the table; that any statements relating KEVIN D. ELLSON, and ending STEVEN J. were received by the Senate and appeared in to the nominations be printed in the OLSON, which nominations were received by the Congressional Record of November 17, RECORD and the President be imme- the Senate and appeared in the Congres- 2010. diately notified of the Senate’s action. sional Record of November 17, 2010. PN2299 FOREIGN SERVICE nominations The PRESIDING OFFICER. Without (266) beginning Alan Hallman, and ending PN2330 ARMY nominations (9) beginning objection, it is so ordered. PHILLIP R. GLICK, and ending WILLIAM G. Richard G. Simpson, which nominations SUVER, which nominations were received by were received by the Senate and appeared in The nominations considered and con- the Senate and appeared in the Congres- the Congressional Record of November 17, firmed are as follows: sional Record of November 17, 2010. 2010. DEPARTMENT OF JUSTICE PN2331 ARMY nominations (62) beginning PN2300 FOREIGN SERVICE nominations Russel Edwin Burger, of Oregon, to be KEVIN ACOSTA, and ending ROBERT K. (2) beginning Lloyd S. Harbert, and ending United States Marshal for the District of Or- YIM, which nominations were received by Daryl A. Brehm, which nominations were re- egon for the term of four years. the Senate and appeared in the Congres- ceived by the Senate and appeared in the Charles Edward Andrews, of Alabama, to sional Record of November 17, 2010. Congressional Record of November 17, 2010. be United States Marshal for the Southern PN2332 ARMY nominations (125) beginning PN2354 FOREIGN SERVICE nominations District of Alabama for the term of four MARY E. ABRAMS, and ending D002043, (3) beginning James Franklin Jeffrey, and years. which nominations were received by the Sen- ending Earl A. Wayne, which nominations ate and appeared in the Congressional were received by the Senate and appeared in Mr. BAYH. Madam President, I ask Record of November 17, 2010. the Congressional Record of November 18, unanimous consent that the Judiciary PN2333 ARMY nominations (157) beginning 2010. Committee be discharged from further TIMOTHY P. ALBERS, and ending G001187, IN THE MARINE CORPS consideration of the following nomina- which nominations were received by the Sen- PN2363 MARINE CORPS nominations (6) tion, PN 2374, and the Senate proceed ate and appeared in the Congressional beginning BRANDON M. BOLLING, and end- to the nomination; that the nomina- Record of November 17, 2010. ing WYETH M. TOWLE, which nominations tion be confirmed, the motion to recon- PN2334 ARMY nominations (194) beginning were received by the Senate and appeared in ELLEN J. ABBOTT, and ending MICHAEL sider be laid upon the table; that any the Congressional Record of November 18, statements related to the nomination W. YOUNG, which nominations were re- 2010. ceived by the Senate and appeared in the be printed in the RECORD, and the IN THE NAVY Congressional Record of November 17, 2010. President be immediately notified of PN2335 ARMY nominations (226) beginning PN2269 NAVY nominations (2) beginning the Senate’s action. JOHN C. ALLRED, and ending D001821, PATRICK C. DANIELS, and ending THOMAS The PRESIDING OFFICER. Without which nominations were received by the Sen- L. EDLER, which nominations were received by the Senate and appeared in the Congres- objection, it is so ordered. ate and appeared in the Congressional The nomination considered and con- Record of November 17, 2010. sional Record of September 29, 2010. PN2336 ARMY nominations (266) beginning PN2291 NAVY nomination of Matthew R. firmed is as follows: JOHN W. AARSEN, and ending LOREN T. Fomby, which was received by the Senate Christopher R. Thyer, of Arkansas, to be ZWEIG, which nominations were received by and appeared in the Congressional Record of United States Attorney for the Eastern Dis- the Senate and appeared in the Congres- November 15, 2010. trict of Arkansas for the term of four years. PN2292 NAVY nomination of Ronny L. sional Record of November 17, 2010. f PN2337 ARMY nominations (5) beginning Jackson, which was received by the Senate JOHN G. FELTZ, and ending LOUIS W. and appeared in the Congressional Record of EXECUTIVE CALENDAR WILHAM, which nominations were received November 15, 2010. by the Senate and appeared in the Congres- PN2338 NAVY nomination of Frederick G. Mr. BAYH. I ask unanimous consent sional Record of November 17, 2010. Panico, which was received by the Senate that the Senate proceed to the imme- PN2360 ARMY nomination of Kathleen M. and appeared in the Congressional Record of diate consideration of the following Flocke, which was received by the Senate November 17, 2010. nominations en bloc: Calendar Nos. 616, and appeared in the Congressional Record of PN2339 NAVY nominations (3) beginning DANIEL J. TRAUB, and ending WAYNE M. 617, 618, 619, and 620; that the nomina- November 18, 2010. tions be confirmed en bloc; the motions PN2361 ARMY nomination of Gary A. BURR, which nominations were received by the Senate and appeared in the Congres- to reconsider be laid upon the table Vroegindewey, which was received by the with no intervening action or debate, Senate and appeared in the Congressional sional Record of November 17, 2010. PN2364 NAVY nominations (43) beginning Record of November 18, 2010. en bloc; that no further motions be in PN2362 ARMY nominations (5) beginning AUNTOWHAN M. ANDREWS, and ending order; that any statements related to CRAIG S. BROOKS, and ending BENNIE W. CHRISTOPHER W. WOLFF, which nomina- the nominations be printed in the tions were received by the Senate and ap- SWINK, which nominations were received by RECORD; that the President be imme- peared in the Congressional Record of No- the Senate and appeared in the Congres- diately notified of the Senate’s action sional Record of November 18, 2010. vember 18, 2010. PN2365 NAVY nominations (7) beginning and the Senate then resume legislative IN THE FOREIGN SERVICE MATTHEW A. MCQUEEN, and ending session. PN2025 FOREIGN SERVICE nominations CHARLES E. VARSOGEA, which nomina- The PRESIDING OFFICER. Without (228) beginning Connor Cherer, and ending tions were received by the Senate and ap- objection, it is so ordered. Bernadette Regina Zielinski, which nomina- peared in the Congressional Record of No- The nominations considered and con- tions were received by the Senate and ap- vember 18, 2010. firmed are as follows: peared in the Congressional Record of July PN2391 NAVY nomination of Brian L. 21, 2010. Beatty, which was received by the Senate EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PN2214 FOREIGN SERVICE nominations and appeared in the Congressional Record of Jacqueline A. Berrien, of New York, to be (94) beginning Heather M. Rogers, and ending December 8, 2010. a Member of the Equal Employment Oppor- Stephanie L. Woodard, which nominations PN2392 NAVY nomination of Jon C. Can- tunity Commission for a term expiring July were received by the Senate and appeared in non, which was received by the Senate and 1, 2014.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00136 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.005 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23560 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 Chai Rachel Feldblum, of Maryland, to be cooperation and careful consideration, sponsibility of serving on the United States a Member of the Equal Employment Oppor- and by keeping politics to a minimum, Court of Appeals for the Ninth Circuit. tunity Commission for a term expiring July we always find highly qualified can- I admit that some of Professor Liu’s 1, 2013. P. David Lopez, of Arizona, to be General didates like Justice Butler. writing have been questioned by con- Counsel of the Equal Employment Oppor- I believe that Justice Butler would servatives. It is true that Goodwin Liu tunity Commission for a term of four years. make a fine addition to the Federal would not be a conservative judge. Victoria A. Lipnic, of Virginia, to be a bench, and I regret that he and other However, I do not believe that he would Member of the Equal Employment Oppor- district court nominees have not been be an activist judge. tunity Commission for the remainder of the given the up-or-down votes that they As I have watched debates over the term expiring July 1, 2010. Victoria A. Lipnic, of Virginia, to be a deserve. judiciary in my eighteen years in the Member of the Equal Employment Oppor- NOMINATIONS OF GOODWIN LIU AND EDWARD Senate, the perception of ‘‘judicial ac- tunity Commission for a term expiring July CHEN tivism’’ is for the party on the other 1, 2015. Mrs. FEINSTEIN. Madam President, side. Many believe that this current NOMINATION OF LOUIS BUTLER I rise today to discuss two promising Supreme Court under Chief Justice Mr. KOHL. Madam President, I am Asian-American judicial nominees Roberts is one of the more activist deeply disappointed that the Senate from my State of California who have courts ever. It is indisputable that it has failed to vote on Louis Butler’s been denied simple, straightforward up- has overturned many precedents that nomination to the district court for or-down votes on the floor of this body had stood for decades. the Western District of Wisconsin. The for what I believe are very spurious Goodwin Liu deserves to have a fair partisan bickering that has prevented a reasons. up-or-down vote, as other controversial debate and vote on several district Goodwin Liu is associate dean and circuit court nominees have received. court nominees is a stark reversal of professor of law at the University of If a senator opposes his nomination, let Senate tradition and practice. California, Berkeley, Boalt Hall School them vote against him. That is what Justice Butler is exceptionally well of Law. He has a truly outstanding we are here for—to cast our votes yea qualified for the Federal bench. By dint record as a great legal mind: or nay, up or down. But don’t let Pro- of hard work and perseverance, Justice Phi Beta Kappa from Stanford and co- fessor Liu die on the calendar, without Butler rose from humble beginnings to president of the Student Body; a Rhodes even having the courage to give him a be an accomplished lawyer, advocate, Scholar at Oxford; a J.D. from Yale Law vote. trial court judge, Wisconsin Supreme School and an editor on the Yale Law Jour- Even worse in many ways is the simi- Court justice, and professor. Few nomi- nal; judicial clerkships on the D.C. Circuit lar treatment that Magistrate Judge nees have such a strong record of pub- and the U.S. Supreme Court; recipient of Edward Chen has received. I rec- lic service. Justice Butler’s career has both the Education Law Association’s Award ommended Judge Chen for a judgeship for Distinguished Scholarship and the Uni- in the Northern District of California. been distinguished by the years he has versity of California at Berkeley’s highest spent fulfilling the Constitution’s guar- award for teaching. If confirmed, he would be the first antee of an attorney and fair trial for judge of Chinese descent to serve in Recognizing his brilliance, President all Americans, rich and poor alike. He this district, with its notable Chinese Obama chose Professor Liu for a seat cut his teeth as a young lawyer rep- heritage. on the Court of Appeals for the Ninth resenting defendants who could not af- This would not be a novel role for Circuit. ford legal representation. As a trial Judge Chen: for the past 9 years, he has I have met personally with Goodwin served as a magistrate judge on this court judge, he earned a reputation for Liu on several occasions, including a 4- being a tough but fair jurist and was same court. And his service there has hour discussion. I had him to my home been impeccable, and apparently unas- recognized as a top Milwaukee judge. for dinner. His status as a first-rate Justice Butler was the first African sailable: he has written more than 350 legal mind is undeniable. American to sit on the Wisconsin Su- published opinions in that time, and And his support for this nomination preme Court and he served there with there has not been an objection to a is legion: distinction for 4 years. During his time single one of them. on the court, he participated in hun- Justice Ruth Bader Ginsburg, former judge But opponents of his nomination are and Solicitor General Ken Starr, leading hanging their hat on one quote from dreds of cases, many of which were de- conservative lawyer Clint Bolick, California cided by a unanimous or near-unani- Correctional Peace Officers Association, 34 him, taken out of context. mous court. He proved himself to be a former prosecutors, Numerous education One of the darkest chapters in this hard-working, thoughtful and con- leaders, including former Secretary of Edu- country’s history was the wholesale in- sensus-building justice. cation Richard Riley and Joel Klein, the ternment of Japanese-Americans dur- We ask our judges to make the most Chancellor of the New York City schools, ing World War II. The Supreme Court difficult decisions in the closest cases, and Numerous representatives of the Asian- upheld this heinous practice in the no- neither an easy nor simple task. Over American community. torious case of Korematsu v. United the course of Justice Butler’s tenure as One set of support was particularly States. In 1988, Congress passed and a trial judge and a State supreme court impressive to me. In the only time that President Reagan signed the Civil Lib- justice, he has faithfully carried out I have seen the serving president and erties Act and issued a formal apology this duty by following the law with the two former presidents of a major uni- for the internment. Before serving as a impartiality, integrity and respect versity write in support of a nominee magistrate judge, Ed Chen represented that we demand of a judge. Justice or issue, the three most recent presi- the name party in that case, Fred Butler has an impressive legal back- dents of Stanford University, John Korematsu, in his successful effort to ground that would serve our Federal Hennessy, Gerhard Casper, and Donald overturn his conviction for defying the bench well. Indeed he is a very fine Kennedy, wrote to support Professor internment order. man. He is deeply committed to the Liu’s nomination, saying, in part: In 2005, Judge Chen attended Mr. law, to his community, and to his fam- Goodwin Liu as a student, scholar, and Korematsu’s funeral, and spoke about ily. trustee has epitomized the goal of Stanford’s it a month later to law students. The Justice Butler’s nomination proves founders, which was ‘‘to promote the public line that critics have seized upon came once again that the process we use in welfare by exercising an influence on behalf from this speech, where Judge Chen Wisconsin to choose Federal judges and of humanity and civilization, teaching the said that, while listening to the con- U.S. attorneys ensures excellence. The blessings of liberty regulated by law, and in- gregation sing ‘‘America the Beau- culcating love and reverence for the great Wisconsin Federal Nominating Com- principles of government as derived from the tiful’’ at the funeral, he sometimes had mission has been used to select Federal inalienable rights of man to life, liberty and ‘‘Feelings of ambivalence and cynicism judges and U.S. attorneys in Wisconsin the pursuit of happiness.’’ We highly rec- when confronted with appeals to patri- for 30 years. Through a great deal of ommend Goodwin Liu for the honor and re- otism—sometimes I cannot help but

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00137 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.005 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23561 feel that there are too much [sic] injus- Act, and the No Electronic Theft Act. forensics, computer fraud, and abuse tice and too many inequalities that She worked on the National Informa- investigations as the Executive Man- prevent far too many Americans from tion Infrastructure Protection Act and aging Director and general counsel of enjoying the beauty extolled in that the computer fraud and abuse statute, Stroz Friedberg. While in the private anthem.’’ and on important oversight matters in- sector, she received the FBI Director’s But the critics omit what Chen said cluding the Judiciary Committee’s bi- Award for her work assisting in a Gov- right after that quotation: partisan hearings on Ruby Ridge that ernment cyber-extortion investigation. Yet I was moved to tears at Fred’s memo- led to improvements at the Federal Bu- Ms. Howell has twice been confirmed rial. Why? In part, Fred was a living example reau of Investigation, FBI. She also by the Senate to serve as a member of of the patriotism embodied in the song. played important roles in electronic the bipartisan U.S. Sentencing Com- Korematsu demonstrated that patriotism freedom of information initiatives, mission, to which she was appointed by not by waving an American flag, but by try- which earned her induction into the President Bush. She contributed to the ing to vindicate the values and principles Sentencing Commission report that led that are embodied in that flag freedom, jus- Freedom of Information Act Hall of Fame. to our breakthrough this year with tice and equality under the law. . . . I was Senate passage of historic legislation also moved not only because ‘‘America the When I had the chance to introduce Beautiful’’ echoed what I saw [in] Fred. It Ms. Howell to the committee at her that Senator DURBIN crafted to end was also because the song described the hearing in July, I discussed her impres- sentencing disparities, the Fair Sen- America that Fred envision[ed]. The Amer- sive background before she joined the tencing Act. ica whose promised beauty he sought to ful- committee staff. She grew up in a She and her husband have raised fill, an America true to its founding prin- proud military family. She was award- their three children in the District and ciples. ed her undergraduate degree with hon- are long-time citizens here. That in- Judge Chen didn’t object to singing ors in philosophy from Bryn Mawr Col- volvement, her public service back- ground, and her steadfast commitment ‘‘America the Beautiful’’—he was lege in Pennsylvania, and earned her to justice make her an ideal nominee. I moved to tears by it. law degree at Columbia University commend President Obama for choos- Judge Chen’s nomination enjoys School of Law, where she was a Harlan ing to nominate her. I thank the com- widespread support, with extensive Fiske Stone Scholar. She clerked for mittee for acting to favorably report support from the law enforcement com- Judge Dickinson Debevoise on the U.S. her nomination unanimously in Sep- munity, including: San Francisco Dep- District Court for the District of New tember. I am glad the Senate has now uty Sheriffs’ Association, Northern Al- Jersey. followed suit and confirmed her unani- liance of Law Enforcement, which rep- Having worked as a student assistant mously to serve all the people of the resents 20 different law enforcement as- in a U.S. Attorney’s Office, she joined District of Columbia fairly and impar- sociations in Northern California, the U.S. Attorney’s Office for the East- tially as a U.S. district court judge. Peace Officers Research Association of ern District of New York in 1987, work- Mr. MCCONNELL. Madam President, California, 11 former Federal prosecu- ing there almost 6 years, rising to be tors for the Northern District of Cali- I am pleased the Senate in this Con- the Deputy Chief of the Narcotics Sec- gress was able to make good progress fornia and former San Francisco Chief tion. Her grand jury investigations and of Police Anthony Ribera. on filling judicial vacancies, especially prosecutions included complex public those vacancies that the Democratic And the list goes on. corruption, narcotics, and money laun- He also has widespread support from majority unfortunately and sometimes dering cases. inexplicably failed to fill during the the bar, including the Bar Association Descriptions of her cases read like of San Francisco, Hispanic National last 2 years of the Bush Administra- crime novels. She successfully pros- tion. Bar Association, and many others. ecuted the leadership of a Chinatown Yet despite this support, his nomina- The progress we have made is espe- gang, called the Flying Dragons, for cially noteworthy given the demands tion has been subjected to repeated, ex- heroin trafficking, and extradited the placed upon the Judiciary Committee ceptional delay and obstruction, even head of the gang after he fled to Hong by having to process not one, but two, being returned to the President during Kong. She successfully prosecuted a Supreme Court nominations. The congressional recesses. group of Colombian drug dealers and Sotomayor and Kagan nominations to- The day was when district court arrested the gang members just as they gether took approximately 6 months of nominees supported by both home were packing almost $20 million in the Committee’s time. Nevertheless, State Senators with extensive law en- cash from narcotics proceeds into a the Senate was able to confirm a total forcement and legal community sup- hidden compartment of a truck to of 60 lower court nominations in this port were confirmed routinely. It is smuggle it out of the country. Then Congress, including 19 nominations time now to end this delay and ob- some of these defendants attempted a while the Kagan nomination was pend- struction, give Ed Chen the fair up-or- prison escape by bribing officials, and ing. By comparison, the last time the down vote he so richly deserves, and she successfully prosecuted the per- Senate had to process two Supreme confirm this well-proven, qualified petrators of the escape plan. She also Court nominations in the same Con- nominee to the Federal district court. handled the successful investigation gress, which were the Roberts and NOMINATION OF BERYL HOWELL and prosecution of over 20 corrupt New Alito nominations during the 109th Mr. LEAHY. I want to say a few York City building inspectors engaged Congress, the Senate was able to fill words about one of the highly qualified in extortion. only 51 lower court judicial vacancies, nominees belatedly confirmed by the Ms. Howell’s work was recognized by and it confirmed far fewer lower court Senate today. Beryl Howell has been her twice being awarded the U.S. At- nominations while the Roberts and confirmed to fill a vacancy on the Dis- torney Special Achievement Award for Altio nominations were pending. trict Court for the District of Colum- Sustained Superior Performance, by This Congress was also able to fill bia. Many of us on the Judiciary Com- commendations from the FBI, DEA, some long-standing vacancies, espe- mittee remember her from the 10 years and the New York City Department of cially on our courts of appeals. At the she served as my general counsel and Investigation, and ultimately by the end of the Bush administration, there as one of the most effective members of prestigious Attorney General’s Direc- were 15 judicial emergencies; this Con- our Judiciary Committee staff. With tor’s Award for Superior Performance. gress was able to fill 10 of those 15 judi- her background as a highly decorated I always felt lucky to have hired her. cial emergencies, including numerous Federal prosecutor, she worked on Ms. Howell’s career since she left us judicial emergencies on our circuit issues ranging from criminal justice 7 years ago has been equally impres- courts. The Fourth Circuit is illus- and national security, to the Digital sive. She established the Washington, trative of the commitment of Senate Millennium Copyright Act, the Anti- DC, office of a consulting and technical Republicans to work in a bipartisan Cybersquatting Consumer Protection services firm specializing in digital fashion to this end.

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00138 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.005 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23562 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 At the end of the last Congress, the last Congress, the Senate did not con- unmoved by pleas from the President, Fourth Circuit was almost one-third firm any judicial nominees. Thirty ju- the Attorney General, two Supreme vacant, despite the fact that President dicial nominations were not acted upon Court Justices, the President of the Bush had nominated outstanding can- in that session, despite the urgent need American Bar Association, the Federal didates for these positions. These for judges on places like the Fourth Bar Association, retired Federal nominees enjoyed strong home State Circuit. In the lameduck session of the judges, current chief judges and Fed- support, including some with strong bi- Congress before that, our Democratic eral prosecutors calling on the Senate partisan, home-state support. Yet our colleagues did not consent to con- to address the growing vacancies crisis. Democratic friends refused to move firming any judicial nominees; the one They disregarded the pleas to end the these nominations. By contrast, this judicial nomination that occurred in senseless delays and needless blockade Congress put partisanship aside and the lameduck session of the 109th Con- of consensus nominations and to vote filled all four of these vacancies, giving gress was achieved by the Republican whether to confirm the nominations badly-needed relief to a long suffering majority filing cloture on a nominee. sent forward by the Senate Judiciary Federal circuit. Cloture was invoked on that nomina- Committee to fill the vacancies in the We could have made more progress tion by a vote of 93 to 0, and he was Federal courts. still. But unfortunately, the President confirmed. But 38 other judicial nomi- Each of the judicial nominations now failed to put forth, and the Democratic nations were not acted upon in that before the Senate will upon adjourn- Majority failed to move, nominations Congress, including 15 who were ripe ment be returned to the President, the for the vast majority of the current for action on the Senate floor. In the vacancy will remain, and the confirma- federal vacancies. Specifically, the lameduck session of the 108th Congress, tion process will have to start over President has failed to even nominate only 3 nominations were confirmed, all next year. Just a few years ago Senate individuals for most of the current dis- to the district court. Almost two dozen Republicans were united in demanding trict court vacancies, putting forth judicial nominations were not acted that every nomination reported by the only 34 nominations, even though there upon in that lameduck session, includ- Senate Judiciary Committee to the are 76 vacancies. And of those district ing several who were pending on the Senate deserved a vote. They argued court nominations he has put forth, 18 Senate floor. In fact, the last time a that was our constitutional duty. Well, of them remain in the Democratic-con- Senate confirmed as many judicial the Constitution has not been amend- trolled Judiciary Committee. The story nominations in a lameduck session of ed. The only thing that has changed is is similar for our circuit courts: there Congress as were confirmed in the that the American people changed are 16 vacancies there, but the White lameduck session of this Congress was Presidents. House has failed to even nominate can- in 2002, when 20 judicial nominees were In 2001 and 2002, the first 2 years of didates for seven of those vacancies. confirmed at the end of the 107th Con- the Bush administration, the Senate And of those circuit court nominations gress. Judiciary Committee reported 100 judi- he has made, 6 remain in the Judiciary I am hopeful we can continue to work cial nominees of President Bush. I was Committee. All told, of the current va- in a bipartisan fashion in the next Con- the chairman. We did not adjourn in cancies on our Federal courts 80 per- gress on judicial nominations and that 2002 until we had given a vote to every cent of these seats remain vacant be- the President will join us in that effort one of those 100 nominees and con- cause the President either has not by not nominating or re-nominating firmed them. I did not support all of nominated anyone, or our Democratic judicial nominees who show a willing- them but I did not prevent those votes. colleagues have not processed the ones ness to follow their own beliefs, rather I worked to fill the vacancies on the he has nominated. than the requirements of the law. Federal courts. That was with a Demo- Which brings us to the judicial nomi- JUDICIAL NOMINATIONS cratic majority in the Senate. All 100 nations remaining on the Senate floor. Mr. LEAHY. Madam President, as were considered before the end of the Four of these nominations are very the 111th Congress draws to a close, 107th Congress, including two con- controversial. Their statements, Senate Republicans have finally con- troversial circuit court nominations writings, and records show a willing- sented to consider half of the judicial reported and then confirmed during the ness to put their own views ahead of nominations that have been pending on lameduck session in 2002, after the mid- the dictates of the law and the Con- the Senate’s Executive Calendar, some term elections. stitution. As a result, Senate Repub- for nearly a year, awaiting a final Sen- This Congress the Senate Judiciary licans are not prepared to consent to ate vote. We began with 38 judicial Committee held hearings, considered their confirmation, or to a process that nominees to be considered and the Sen- and was able to favorably report 80 will facilitate their confirmation. ate is being prevented from voting on nominees to Federal circuit and dis- The remaining 15 nominations pend- 19. These are all superbly qualified trict court vacancies. Only 60 have ing on the Senate floor were not re- nominees, most were reported with bi- been allowed Senate votes. This is a ported out of the Judiciary Committee partisan support and many unani- historically low number and percent- until the waning days of this Congress. mously. Thirteen of these nominations age for the first two years of a new This is unfortunate. Most of these on which we are not being allowed to Presidency. Last year only 12 Federal nominations are to fill vacancies that vote are to fill judicial emergency va- circuit and district court judges were have existed for years; in some cases, cancies, as determined by the non- confirmed. It was the lowest number in for 2 or 3 years, or even longer. I do not partisan Administrative Office of the more than 50 years. This year the Sen- know why these nominations were not U.S. Courts. Yet for month after ate has been allowed to consider fewer reported out of the Judiciary Com- month, many of these nominations than 50 judicial nominees. That has led mittee until December. While we were have been stalled, just languishing be- to the lowest confirmation total for worked diligently in the lameduck ses- fore the Senate as Senate Republicans the first 2 years of a new Presidency in sion to fill numerous judicial vacan- refused to consent to moving forward. 35 years. And this is taking place dur- cies—confirming 19 judicial nominees Congress will adjourn for the year ing a period when Federal judicial va- total—we were not able to process the without completing its work on these cancies have doubled. remaining 15 nominations that the nominations. By nearly every measure—the num- committee approved late in this year. Senate Republicans’ strategy of de- ber of nominees confirmed, the per- But our record of confirming judicial laying and blocking judicial nomina- centage of nominees confirmed, the nominations in this lameduck Congress tions across the board has led to judi- pace of nominees being considered on certainly compares favorably to the cial vacancies nearly doubling over the the floor, the skyrocketing vacancy progress that was made on judicial last 2 years. Vacancies remain at near- numbers—the results are dismal. Dur- nominations in other lameduck Con- ly 100 with more than 40 judicial emer- ing the first 2 years of the Bush admin- gresses. In the lameduck session of the gencies. The Republican leadership was istration, Democrats in the Senate

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00139 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.005 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23563 worked to consider and confirm 100 ju- the support of the Senate’s senior Re- Federal district court judge. He is now dicial nominees. During the first two publican, the senior Senator from Indi- the only active Asian Pacific American years of the Obama administration, ana. He had served nearly 15 years on judge to serve on a Federal appellate Senate Republicans have limited Fed- the Federal bench. Rather than wel- court, and his nomination was con- eral circuit and district court con- come the nomination as an effort by firmed unanimously. firmations to 60. They were delayed on President Obama to step away from the Senate Republicans’ tactics reached average six times longer than it took ideological battles of the past, Senate a new low as they obstructed consider- President Bush’s judicial nominees to Republicans ignored Senator LUGAR’S ation of district court nominations. be considered by the Senate. support, distorting Judge Hamilton’s The blockade of these nominations is a Senate Republicans have returned to record and filibustering his nomina- dramatic departure from the tradi- the strategy they used during the Clin- tion. Republican Senators who had re- tional practice of considering district ton administration, when they pocket cently pledged never to filibuster a ju- court nominations expeditiously and filibustered more than 60 of his judicial dicial nominee and those who had said with deference to home state Senators. nominations, leading to a vacancy cri- they would do so only under extraor- Among these nominations were Louis sis. Their years of refusing to proceed dinary circumstances reversed them- Butler of Wisconsin, Edward Chen of on President Clinton’s nominations led selves and joined the partisan fili- California, and John McConnell of Chief Justice William Rehnquist, a buster. Republican Senators who just a Rhode Island. These nominees were re- conservative appointed by Republican few years earlier had proclaimed such ported by the Committee several times Presidents, to chastise them for failing filibusters unconstitutional also with strong support from their home to address the needs of the Federal ju- joined. They abandoned all they had State Senators who know the nominees diciary. In those days, Federal judicial said and filibustered a preacher’s son and the needs of the courts in their vacancies rose to more than 110 by the and fine judge who was known to and States best. All three were pending for end of the Clinton administration, a supported by his respected Republican months on the Senate Calendar. In historically high vacancy number. Cur- home State Senator. fact, Justice Butler and Judge Chen rent across the board delays eventu- In filibustering President Obama’s were first reported by the Judiciary ated in 111 Federal court vacancies this first judicial nomination, Senate Re- Committee over a year ago. Obstruc- year. publicans also ignored the standard tion of these district court nomina- When Democrats regained the Senate they had set in a letter they sent to tions is unprecedented. majority halfway into President Bush’s President Obama before he had made a Since 1945, the Judiciary Committee first year in office, we reported and single judicial nomination. In that let- has reported more than 2,100 district confirmed 100 judicial nominees during ter, they threatened to filibuster any court nominees to the Senate. Out of the 17 months I served as chairman of nomination made without consulta- these 2,100 nominees, only 5 have been the Judiciary Committee in the 107th tion. Despite the fact that President reported by party-line votes, and 4 of Congress. We continued to work coop- Obama has reached across the aisle to the 5 occurred in this Congress. Less eratively to make progress on nomina- consult, as he did with Senator LUGAR than 20 of the 2,100 nominees faced any tions whether in the majority or the of Indiana, Senate Republicans have opposition in Committee. Since 1949, minority for the rest of President filibustered and delayed judicial nomi- cloture motions have been filed on only Bush’s administration. As a result, nations virtually across the board. three district court nominations. All overall judicial vacancies were reduced Delays and obstruction of Senate three nominations were confirmed, and during the Bush years from more than consideration has attended virtually in fact two of the cloture petitions 10 percent to less than four percent. all of well-qualified judicial nominees. were withdrawn. This year Republican During the Bush years, the Federal Contrary to their statements during opposition to the Butler, Chen and court vacancies were reduced from 110 the Bush administration that every ju- McConnell nominations would have re- to 34 and Federal circuit court vacan- dicial nomination reported by the Sen- quired clotures on all three, meaning cies were reduced from a high of 32 ate Judiciary Committee was entitled that in 1 year they would have down to single digits. to an up-or-down vote, Senate Repub- matched the number of cloture mo- This progress has not continued once licans have refused consent for up-or- tions filed on district court nominees the American people elected President down votes on nominee after nominee. over the past 62 years. Obama. Senate Republicans have re- Since the filibuster of Judge Hamilton, These nominees are outstanding turned to the strategy of across-the- they have required the Majority Leader Americans who do us a great service by board delays and obstruction of the to file cloture on other highly qualified their willingness to serve on our Fed- President’s judicial nominations, again circuit court nominees, indeed on a eral courts. Justice Louis Butler, Jr., leading to skyrocketing vacancies. quarter of the 16 circuit court nomi- was nominated to fill an emergency va- Last year the Senate confirmed only 12 nees the Senate has been allowed to cancy on the U.S. District Court for Federal circuit and district court consider. the Western District of Wisconsin. He judges, the lowest total in 50 years. No Senator could claim the cir- has 16 years of judicial experience at This year we confirmed less than 50 cumstances surrounding the filibusters the municipal and State court level more Federal circuit and district of President Obama’s circuit court and was the first African American to judges. That has led to the lowest con- nominations to be extraordinary. Re- serve on the Wisconsin Supreme Court. firmation total for the first 2 years of publicans filibustered the nomination He has the strong support of both of his a new Presidency in 35 years. We are of Judge Barbara Keenan, a nominee home State Senators and he earned the not even keeping up with retirements with nearly 30 years of judicial experi- highest possible rating, unanimously and attrition. As a result, judicial va- ence, and the first woman to hold a well qualified, from the Standing Com- cancies rose again over 110 again this number of important judicial roles in mittee on the Federal Judiciary of the year. Virginia. She was then confirmed 99–0 American Bar Association, ABA. The Senate’s Republican leadership as the first woman from Virginia to Judge Edward Chen was nominated seems determined to end the Congress serve on the Fourth Circuit Court of to fill an emergency vacancy on the as it began it, obstructing President Appeals. They filibustered the nomina- U.S. District Court for the Northern Obama’s judicial nominations. In No- tion of Judge Thomas Vanaskie, whose District of California. He has served vember 2009, the Senate confirmed 16 years of a experience as a Federal that court as a Magistrate Judge for Judge David Hamilton of Indiana to district court judge in Pennsylvania the last nine years and has accrued an the Seventh Circuit after rejecting a are now being put to good use on the impeccable record of fairness and im- Republican filibuster of President Third Circuit. They filibustered Judge partiality. He would have been only the Obama’s first judicial nomination. Denny Chin of the Second Circuit, who second Asian American to serve as a Judge Hamilton was no radical. He had also had 16 years of experience as a Federal Judge in the 150-year history

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00140 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.005 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23564 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 of that District. He was also the first academics, distinguished practitioners, LEGISLATIVE SESSION Asian American to serve the District advocacy groups, and district attor- The PRESIDING OFFICER. Under as a Magistrate Judge. Judge Chen neys believe Professor Liu would make the previous order, the Senate will now earned the highest possible rating, an excellent Federal judge. So do I. resume legislative session. unanimously well qualified, from the I reviewed the record of each of these ABA’s Standing Committee on the Fed- nominees targeted for Republican op- f eral Judiciary, and he has the strong position and carefully considered their ORDER FOR ADJOURNMENT SINE support of both of his home State Sen- character, background, and qualifica- DIE tions. I believe they each would have ators. Mr. BAYH. Madam President, I ask Jack McConnell was nominated to been confirmed by the Senate. That unanimous consent that when the Sen- serve as a Federal district court judge they will not be conservative activist ate completes its business today, it ad- in Rhode Island. With more than 25 judges should not disqualify them from journ sine die under the provisions of years of experience as a lawyer in pri- consideration by the Senate or from H. Con. Res. 336. vate practice, Mr. McConnell has the serving on the Federal bench. The PRESIDING OFFICER. Without strong support of both Senators from In addition to these nominees, there objection, it is so ordered. Rhode Island. Individuals and organiza- has been a destructive tact in which tions from across the political spec- Senate Republicans have systemati- f trum in that state have called for Mr. cally delayed votes on consensus nomi- ORDERS FOR WEDNESDAY, McConnell’s confirmation. The Provi- nations. The length of time nomina- JANUARY 5, 2011 dence tions were stalled before a final Senate Journal endorsed his nomination by vote is the product of that systematic Mr. BAYH. Madam President, I fur- saying that he ‘‘in his legal work and delay. The fact is that nominations ther ask unanimous consent that when community leadership has shown that have taken on average six times as the Senate returns on Wednesday, Jan- he has the legal intelligence, char- long before final Senate consideration uary 5, at 12 noon, following the prayer acter, compassion, and independence to after being reported from the Judiciary and pledge and following the presen- be a distinguished jurist.’’ A two-thirds Committee, when comparing the con- tation of the certificates of election majority of the Judiciary Committee, firmations in the first two years of the and the swearing in of elected Mem- bers, and the required live quorum, the including Senator GRAHAM, voted to fa- Bush and Obama administrations. Sev- vorably report Mr. McConnell’s nomi- eral consensus nominations that were morning hour be deemed expired, the nation for confirmation. eventually confirmed unanimously re- Journal of proceedings be approved to The Senate should also have been quired cloture petitions to be filed just date, the time for the two leaders be able to have a debate and a vote on the to be considered. Other evidence is the reserved for their use later in the day, nomination of Goodwin Liu of Cali- fact that more than a dozen consensus and that there then be a period of fornia to the Ninth Circuit Court of judicial nominations that have been morning business, with Senators per- Appeals. He is a professor at the Uni- through the entire process are being mitted to speak therein for up to 10 versity of California, Berkeley, School denied a final vote as the Senate ad- minutes each. of Law, and was nominated by Presi- journs. I know of no precedent for this. The PRESIDING OFFICER. Without dent Obama to fill an emergency va- Indeed, in the lame duck session at the objection, it is so ordered. cancy on the Ninth Circuit. An ac- end of President Bush’s second year in f claimed scholar and a nationally recog- office, we proceeded to report and con- PROGRAM nized expert on constitutional law and firm controversial circuit court nomi- educational law and policy, Professor nees. That the Senate is not being al- Mr. BAYH. Madam President, there Liu earned the highest possible rating, lowed to consider consensus nominees will be a live quorum at 12 noon on unanimously well qualified, from the awaiting a final vote is a shame and an Wednesday, January 5, to convene the ABA’s Standing Committee on the Fed- unnecessary burden on them and their 112th Congress. Senators are encour- eral Judiciary. He is a former Supreme families and for the courts and people aged to report to the floor at that Court clerk and a Rhodes Scholar who they would serve. time. would be only the second, active Asian It is a travesty that all of the well- f Pacific American judge to serve on a qualified nominees favorably reported ADJOURNMENT SINE DIE Federal appellate court. Both of Pro- by the Judiciary Committee could not fessor Liu’s home state Senators sup- be confirmed before this Congress ad- Mr. BAYH. Madam President, if there port his nomination. journs. That is what we did when we is no further business to come before The conservative, Republican-ap- confirmed 100 judicial nominees of the Senate—let me say it has been a pointed Chief Judge of the Ninth Cir- President Bush in 2001 and 2002. All 100 pleasure serving with you—I wish ev- cuit to which Professor Liu has been of the nominees reported favorably by eryone here Godspeed and a Merry nominated has written the Senate to the Judiciary Committee received Sen- Christmas, and I ask unanimous con- inform us of crushing caseloads and the ate votes and were confirmed, all 100. sent that the Senate adjourn under the urgent need for new judges. Justice An- They include 20 during the lameduck previous order. thony Kennedy this August warned the session that year and circuit court There being no objection, the Senate, Ninth Circuit Judicial Conference nominees reported after the election. at 8:03 p.m., adjourned sine die. about the threat posed by skyrocketing This year even consensus nominees are f judicial vacancies in California and not being allowed to be considered. throughout the country. He noted that, When the Senate returns for the NOMINATIONS ‘‘if judicial excellence is cast upon a 112th Congress I hope that all Senators Executive nomination received by sea of congressional indifference, the will learn from the mounting judicial the Senate: rule of law is imperiled.’’ vacancies and failure to make progress NATIONAL COUNCIL ON THE ARTS Rather than following a partisan in this Congress. I hope that we can AGNES GUND, OF NEW YORK, TO BE A MEMBER OF THE playbook, I wish Republican Senators follow a path toward restoring the Sen- NATIONAL COUNCIL ON THE ARTS. had listened to the cross-section of peo- ate’s longstanding traditions of expedi- f ple and organizations from across the tiously considering nominations and political spectrum that have written in reject the obstruction that blocked NOMINATIONS RETURNED TO THE strong support of Professor Liu’s quali- progress. We must do better to address PRESIDENT fications to serve on the Ninth Circuit. the needs of the Federal courts and the The following nominations trans- These former prosecutors and judges, American people who depend on them mitted by the President of the United presidents of universities, renowned for justice. States to the Senate during the second

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00141 Fmt 0686 Sfmt 0634 E:\BR10\S22DE0.005 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23565 session of the 111th Congress, and upon JAMES MICHAEL COLE, OF THE DISTRICT OF COLUM- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- BIA, TO BE DEPUTY ATTORNEY GENERAL. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES which no action was had at the time of M. SCOTT BOWEN, OF MICHIGAN, TO BE UNITED STATES OF AMERICA TO THE SOCIALIST REPUBLIC OF VIETNAM. the sine die adjournment of the Senate, ATTORNEY FOR THE WESTERN DISTRICT OF MICHIGAN NILS MAARTEN PARIN DAULAIRE, OF VIRGINIA, TO BE FOR THE TERM OF FOUR YEARS. REPRESENTATIVE OF THE UNITED STATES ON THE EX- failed of confirmation under the provi- TIMOTHY J. FEIGHERY, OF NEW YORK, TO BE CHAIR- ECUTIVE BOARD OF THE WORLD HEALTH ORGANIZATION. sions of rule XXXI, paragraph 6, of the MAN OF THE FOREIGN CLAIMS SETTLEMENT COMMIS- SION OF THE UNITED STATES FOR A TERM EXPIRING DEPARTMENT OF THE INTERIOR Standing Rules of the Senate. SEPTEMBER 30, 2012. DANIEL M. ASHE, OF MARYLAND, TO BE DIRECTOR OF CORPORATION FOR NATIONAL AND COMMUNITY ANDREW L. TRAVER, OF ILLINOIS, TO BE DIRECTOR, THE UNITED STATES FISH AND WILDLIFE SERVICE. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLO- SERVICE SIVES. DEPARTMENT OF THE TREASURY S. AMANDA MARSHALL, OF OREGON, TO BE UNITED JONATHAN ANDREW HATFIELD, OF VIRGINIA, TO BE IN- STATES ATTORNEY FOR THE DISTRICT OF OREGON FOR MICHAEL F. MUNDACA, OF NEW YORK, TO BE AN AS- SPECTOR GENERAL, CORPORATION FOR NATIONAL AND THE TERM OF FOUR YEARS. SISTANT SECRETARY OF THE TREASURY. COMMUNITY SERVICE. ESTEBAN SOTO III, OF MARYLAND, TO BE UNITED MICHAEL F. MUNDACA, OF NEW YORK, TO BE AN AS- RICHARD CHRISTMAN, OF KENTUCKY, TO BE A MEMBER STATES MARSHAL FOR THE SUPERIOR COURT OF THE SISTANT SECRETARY OF THE TREASURY, TO WHICH PO- OF THE BOARD OF DIRECTORS OF THE CORPORATION DISTRICT OF COLUMBIA FOR THE TERM OF FOUR YEARS. SITION HE WAS APPOINTED DURING THE LAST FOR NATIONAL AND COMMUNITY SERVICE FOR THE RE- DENISE ELLEN O’DONNELL, OF NEW YORK, TO BE DI- RECESSOF THE SENATE. MAINDER OF THE TERM EXPIRING OCTOBER 6, 2012. RECTOR OF THE BUREAU OF JUSTICE ASSISTANCE. TIMOTHY CHARLES SCHEVE, OF PENNSYLVANIA, TO BE JANE D. HARTLEY, OF NEW YORK, TO BE A MEMBER OF A MEMBER OF THE INTERNAL REVENUE SERVICE OVER- THE BOARD OF DIRECTORS OF THE CORPORATION FOR DEPARTMENT OF LABOR SIGHT BOARD FOR A TERM EXPIRING SEPTEMBER 14, NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- 2010. PAUL M. TIAO, OF MARYLAND, TO BE INSPECTOR GEN- PIRING OCTOBER 6, 2014. TIMOTHY CHARLES SCHEVE, OF PENNSYLVANIA, TO BE ERAL, DEPARTMENT OF LABOR. MARGUERITE W. KONDRACKE, OF TENNESSEE, TO BE A A MEMBER OF THE INTERNAL REVENUE SERVICE OVER- LEON RODRIGUEZ, OF MARYLAND, TO BE ADMINIS- MEMBER OF THE BOARD OF DIRECTORS OF THE COR- SIGHT BOARD FOR A TERM EXPIRING SEPTEMBER 14, PORATION FOR NATIONAL AND COMMUNITY SERVICE TRATOR OF THE WAGE AND HOUR DIVISION, DEPART- MENT OF LABOR. 2015. FOR A TERM EXPIRING JUNE 10, 2014. JEFFREY ALAN GOLDSTEIN, OF NEW YORK, TO BE AN MATTHEW FRANCIS MCCABE, OF PENNSYLVANIA, TO DEPARTMENT OF STATE UNDER SECRETARY OF THE TREASURY. BE A MEMBER OF THE BOARD OF DIRECTORS OF THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE MARI CARMEN APONTE, OF THE DISTRICT OF COLUM- DEPARTMENT OF TRANSPORTATION FOR A TERM EXPIRING OCTOBER 6, 2013. BIA, TO BE AMBASSADOR EXTRAORDINARY AND PLENI- JOHN D. PODESTA, OF THE DISTRICT OF COLUMBIA, TO POTENTIARY OF THE UNITED STATES OF AMERICA TO ANN D. BEGEMAN, OF VIRGINIA, TO BE A MEMBER OF BE A MEMBER OF THEBOARD OF DIRECTORS OF THE COR- THE REPUBLIC OF EL SALVADOR. THE SURFACE TRANSPORTATION BOARD FOR A TERM PORATION FOR NATIONAL AND COMMUNITY SERVICE ROBERT STEPHEN FORD, OF MARYLAND, A CAREER EXPIRING DECEMBER 31, 2015. FOR A TERM EXPIRING OCTOBER 6, 2014. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF ELECTION ASSISTANCE COMMISSION LISA M. QUIROZ, OF NEW YORK, TO BE A MEMBER OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE BOARD OF DIRECTORS OF THE CORPORATION FOR DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THOMAS HICKS, OF VIRGINIA, TO BE A MEMBER OF THE NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- OF AMERICA TO THE SYRIAN ARAB REPUBLIC. ELECTION ASSISTANCE COMMISSION FOR A TERM EXPIR- PIRING FEBRUARY 8, 2014. MATTHEW J. BRYZA, OF ILLINOIS, A CAREER MEMBER ING DECEMBER 12, 2013. PHYLLIS NICHAMOFF SEGAL, OF MASSACHUSETTS, TO OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION BE A MEMBER OF THE BOARD OF DIRECTORS OF THE SELOR, TO BE AMBASSADOR EXTRAORDINARY AND CORPORATION FOR NATIONAL AND COMMUNITY SERVICE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CHAI RACHEL FELDBLUM, OF MARYLAND, TO BE A FOR A TERM EXPIRING OCTOBER 6, 2013. TO THE REPUBLIC OF AZERBAIJAN. MEMBER OF THE EQUAL EMPLOYMENT OPPORTUNITY DEPARTMENT OF AGRICULTURE SUZAN D. JOHNSON COOK, OF NEW YORK, TO BE AMBAS- COMMISSION FOR A TERM EXPIRING JULY 1, 2013, TO SADOR AT LARGE FOR INTERNATIONAL RELIGIOUS WHICH POSITION SHE WAS APPOINTED DURING THE EVAN J. SEGAL, OF PENNSYLVANIA, TO BE A MEMBER FREEDOM. LAST RECESS OF THE SENATE. OF THE BOARD OF DIRECTORS OF THE COMMODITY NORMAN L. EISEN, OF THE DISTRICT OF COLUMBIA, TO JACQUELINE A. BERRIEN, OF NEW YORK, TO BE A MEM- CREDIT CORPORATION. BE AMBASSADOR EXTRAORDINARY AND PLENI- BER OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- ELIZABETH ANN HAGEN, OF VIRGINIA, TO BE UNDER POTENTIARY OF THE UNITED STATES OF AMERICA TO MISSION FOR A TERM EXPIRING JULY 1, 2014, TO WHICH SECRETARY OF AGRICULTURE FOR FOOD SAFETY, TO THE CZECH REPUBLIC. POSITION SHE WAS APPOINTED DURING THE LAST RE- WHICH POSITION SHE WAS APPOINTED DURING THE LARRY LEON PALMER, OF GEORGIA, A CAREER MEM- CESS OF THE SENATE. LAST RECESS OF THE SENATE. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- VICTORIA A. LIPNIC, OF VIRGINIA, TO BE A MEMBER OF DEPARTMENT OF COMMERCE ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DINARY AND PLENIPOTENTIARY OF THE UNITED STATES FOR THE REMAINDER OF THE TERM EXPIRING JULY 1, ERIC L. HIRSCHHORN, OF MARYLAND, TO BE UNDER OF AMERICA TO THE BOLIVARIAN REPUBLIC OF VEN- 2010, TO WHICH POSITION SHE WAS APPOINTED DURING SECRETARY OF COMMERCE FOR EXPORT ADMINISTRA- EZUELA. THE LAST RECESS OF THE SENATE. TION. FRANCIS JOSEPH RICCIARDONE, JR., OF MASSACHU- P. DAVID LOPEZ, OF ARIZONA, TO BE GENERAL COUN- FRANCISCO J. SANCHEZ, OF FLORIDA, TO BE UNDER SETTS, A CAREER MEMBER OF THE SENIOR FOREIGN SEL OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- SECRETARY OF COMMERCE FOR INTERNATIONAL TRADE, SERVICE, CLASS OF CAREER MINISTER, TO BE AMBAS- MISSION FOR A TERM OF FOUR YEARS, TO WHICH POSI- TO WHICH POSITION HE WAS APPOINTED DURING THE SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF TION HE WAS APPOINTED DURING THE LAST RECESS OF LAST RECESS OF THE SENATE. THE UNITED STATES OF AMERICA TO THE REPUBLIC OF THE SENATE. ERIC L. HIRSCHHORN, OF MARYLAND, TO BE UNDER TURKEY. EXECUTIVE OFFICE OF THE PRESIDENT SECRETARY OF COMMERCE FOR EXPORT ADMINISTRA- MARI CARMEN APONTE, OF THE DISTRICT OF COLUM- TION, TO WHICH POSITION HE WAS APPOINTED DURING BIA, TO BE AMBASSADOR EXTRAORDINARY AND PLENI- MICHAEL W. PUNKE, OF MONTANA, TO BE A DEPUTY THE LAST RECESS OF THE SENATE. POTENTIARY OF THE UNITED STATES OF AMERICA TO UNITED STATES TRADE REPRESENTATIVE, WITH THE KATHRYN D. SULLIVAN, OF OHIO, TO BE AN ASSISTANT THE REPUBLIC OF EL SALVADOR, TO WHICH POSITION RANK OF AMBASSADOR. SECRETARY OF COMMERCE. SHE WAS APPOINTED DURING THE LAST RECESS OF THE ISLAM A. SIDDIQUI, OF VIRGINIA, TO BE CHIEF AGRI- SENATE. DEPARTMENT OF DEFENSE CULTURAL NEGOTIATOR, OFFICE OF THE UNITED GEORGE ALBERT KROL, OF NEW JERSEY, A CAREER STATES TRADE REPRESENTATIVE, WITH THE RANK OF SOLOMON B. WATSON IV, OF NEW YORK, TO BE GEN- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF AMBASSADOR. ERAL COUNSEL OF THE DEPARTMENT OF THE ARMY. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- PHILIP E. COYLE, III, OF CALIFORNIA, TO BE AN ASSO- JO ANN ROONEY, OF MASSACHUSETTS, TO BE PRIN- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CIATE DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- CIPAL DEPUTY UNDER SECRETARY OF DEFENSE FOR OF AMERICA TO THE REPUBLIC OF UZBEKISTAN. NOLOGY POLICY. PERSONNEL AND READINESS. KURT WALTER TONG, OF MARYLAND, A CAREER MEM- MICHAEL W. PUNKE, OF MONTANA, TO BE A DEPUTY MICHAEL VICKERS, OF VIRGINIA, TO BE UNDER SEC- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- UNITED STATES TRADE REPRESENTATIVE, WITH THE RETARY OF DEFENSE FOR INTELLIGENCE. SELOR, FOR THE RANK OF AMBASSADOR DURING HIS RANK OF AMBASSADOR, TO WHICH POSITION HE WAS AP- TENURE OF SERVICE AS UNITED STATES SENIOR OFFI- POINTED DURING THE LAST RECESS OF THE SENATE. DEPARTMENT OF ENERGY CIAL FOR THE ASIA-PACIFIC ECONOMIC COOPERATION ISLAM A. SIDDIQUI, OF VIRGINIA, TO BE CHIEF AGRI- PETER BRUCE LYONS, OF NEW MEXICO, TO BE AN AS- (APEC ) FORUM. CULTURAL NEGOTIATOR, OFFICE OF THE UNITED SISTANT SECRETARY OF ENERGY (NUCLEAR ENERGY). SUE KATHRINE BROWN, OF TEXAS, A CAREER MEMBER STATES TRADE REPRESENTATIVE, WITH THE RANK OF OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- AMBASSADOR, TO WHICH POSITION HE WAS APPOINTED DEPARTMENT OF HEALTH AND HUMAN SERVICES COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND DURING THE LAST RECESS OF THE SENATE. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA RICHARD SORIAN, OF NEW YORK, TO BE AN ASSISTANT PHILIP E. COYLE, III, OF CALIFORNIA, TO BE AN ASSO- TO MONTENEGRO. CIATE DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- SECRETARY OF HEALTH AND HUMAN SERVICES. PAMELA L. SPRATLEN, OF CALIFORNIA, A CAREER DONALD M. BERWICK, OF MASSACHUSETTS, TO BE AD- NOLOGY POLICY, TO WHICH POSITION HE WAS AP- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF POINTED DURING THE LAST RECESS OF THE SENATE. MINISTRATOR OF THE CENTERS FOR MEDICARE AND COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND MEDICAID SERVICES. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA FARM CREDIT ADMINISTRATION RICHARD SORIAN, OF NEW YORK, TO BE AN ASSISTANT TO THE KYRGYZ REPUBLIC. SECRETARY OF HEALTH AND HUMAN SERVICES, TO JILL LONG THOMPSON, OF INDIANA, TO BE A MEMBER DAVID LEE CARDEN, OF NEW YORK, TO BE REPRESENT- OF THE FARM CREDIT ADMINISTRATION BOARD, FARM WHICH POSITION HE WAS APPOINTED DURING THE LAST ATIVE OF THE UNITED STATES OF AMERICA TO THE AS- RECESS OF THE SENATE. CREDIT ADMINISTRATION, TO WHICH POSITION SHE WAS SOCIATION OF SOUTHEAST ASIAN NATIONS, WITH THE APPOINTED DURING THE LAST RECESS OF THE SENATE. DEPARTMENT OF HOMELAND SECURITY RANK AND STATUS OF AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY. FEDERAL HOUSING FINANCE AGENCY RAFAEL BORRAS, OF MARYLAND, TO BE UNDER SEC- DANIEL L. SHIELDS III, OF PENNSYLVANIA, A CAREER RETARY FOR MANAGEMENT, DEPARTMENT OF HOME- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF JOSEPH A. SMITH, JR., OF NORTH CAROLINA, TO BE DI- LAND SECURITY. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND RECTOR OF THE FEDERAL HOUSING FINANCE AGENCY RAFAEL BORRAS, OF MARYLAND, TO BE UNDER SEC- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA FOR A TERM OF FIVE YEARS. RETARY FOR MANAGEMENT, DEPARTMENT OF HOME- TO BRUNEI DARUSSALAM. FEDERAL MARITIME COMMISSION LAND SECURITY, TO WHICH POSITION HE WAS AP- JOSEPH M. TORSELLA, OF PENNSYLVANIA, TO BE REP- POINTED DURING THE LAST RECESS OF THE SENATE. RESENTATIVE OF THE UNITED STATES OF AMERICA TO MARIO CORDERO, OF CALIFORNIA, TO BE A FEDERAL ALAN D. BERSIN, OF CALIFORNIA, TO BE COMMIS- THE UNITED NATIONS FOR U.N. MANAGEMENT AND RE- MARITIME COMMISSIONERFOR THE TERM EXPIRING SIONER OF CUSTOMS, DEPARTMENT OF HOMELAND SE- FORM, WITH THE RANK OF AMBASSADOR. JUNE 30, 2014. CURITY. JOSEPH M. TORSELLA, OF PENNSYLVANIA, TO BE AL- REBECCA F. DYE, OF NORTH CAROLINA, TO BE A FED- ERAL MARITIME COMMISSIONER FOR THE TERM EXPIR- DEPARTMENT OF JUSTICE TERNATE REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY ING JUNE 30, 2015. THOMAS GRAY WALKER, OF NORTH CAROLINA, TO BE OF THE UNITED NATIONS, DURING HIS TENURE OF SERV- FEDERAL RESERVE SYSTEM UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT ICE AS REPRESENTATIVE OF THE UNITED STATES OF OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS. AMERICA TO THE UNITED NATIONS FOR U. N. MANAGE- PETER A. DIAMOND, OF MASSACHUSETTS, TO BE A JOHN B. STEVENS, JR., OF TEXAS, TO BE UNITED MENT AND REFORM. MEMBER OF THE BOARD OF GOVERNORS OF THE FED- STATES ATTORNEY FOR THE EASTERN DISTRICT OF DAVID BRUCE SHEAR, OF NEW YORK, A CAREER MEM- ERAL RESERVE SYSTEM FOR THE UNEXPIRED TERM OF TEXAS FOR THE TERM OF FOUR YEARS. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- FOURTEEN YEARS FROM FEBRUARY 1, 2000.

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GOVERNMENT PRINTING OFFICE ROBERTO R. HERENCIA, OF ILLINOIS, TO BE A MEMBER EDWARD MILTON CHEN, OF CALIFORNIA, TO BE UNITED OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT WILLIAM J. BOARMAN, OF MARYLAND, TO BE PUBLIC VATE INVESTMENT CORPORATION FOR A TERM EXPIR- OF CALIFORNIA. PRINTER. ING DECEMBER 17, 2012. JOHN J. MCCONNELL, JR., OF RHODE ISLAND, TO BE JAMES A. TORREY, OF CONNECTICUT, TO BE A MEMBER UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF MARINE MAMMAL COMMISSION OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- RHODE ISLAND. FRANCES M.D. GULLAND, OF CALIFORNIA, TO BE A VATE INVESTMENT CORPORATION FOR A TERM EXPIR- CAITLIN JOAN HALLIGAN, OF NEW YORK, TO BE UNITED MEMBER OF THE MARINE MAMMAL COMMISSION FOR A ING DECEMBER 17, 2010. STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- TERM EXPIRING MAY 13, 2012. JAMES A. TORREY, OF CONNECTICUT, TO BE A MEMBER BIA CIRCUIT. OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- JIMMIE V. REYNA, OF MARYLAND, TO BE UNITED NATIONAL BOARD FOR EDUCATION SCIENCES VATE INVESTMENT CORPORATION FOR A TERM EXPIR- STATES CIRCUIT JUDGE FOR THE FEDERAL CIRCUIT. ING DECEMBER 17, 2013. RICHARD BROOKE JACKSON, OF COLORADO, TO BE BEVERLY L. HALL, OF GEORGIA, TO BE A MEMBER OF TERRY LEWIS, OF MICHIGAN, TO BE A MEMBER OF THE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- COLORADO. FOR EDUCATION SCIENCES FOR A TERM EXPIRING VESTMENT CORPORATION FOR A TERM EXPIRING DE- MAE A. D’AGOSTINO, OF NEW YORK, TO BE UNITED MARCH 15, 2012. CEMBER 17, 2011. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT ANTHONY BRYK, OF CALIFORNIA, TO BE A MEMBER OF OF NEW YORK. THE BOARD OF DIRECTORS OF THE NATIONAL BOARD PENSION BENEFIT GUARANTY CORPORATION CATHY BISSOON, OF PENNSYLVANIA, TO BE UNITED FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- JOSHUA GOTBAUM, OF THE DISTRICT OF COLUMBIA, TO STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT VEMBER 28, 2015. BE DIRECTOR OF THE PENSION BENEFIT GUARANTY COR- OF PENNSYLVANIA. NATIONAL COUNCIL ON DISABILITY PORATION, TO WHICH POSITION HE WAS APPOINTED VINCENT L. BRICCETTI, OF NEW YORK, TO BE UNITED DURING THE LAST RECESS OF THE SENATE. STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT PAMELA YOUNG-HOLMES, OF WISCONSIN, TO BE A OF NEW YORK. MEMBER OF THE NATIONAL COUNCIL ON DISABILITY PRIVACY AND CIVIL LIBERTIES OVERSIGHT ROY BALE DALTON, JR., OF FLORIDA, TO BE UNITED FOR THE REMAINDER OF THE TERM EXPIRING SEP- BOARD STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF TEMBER 17, 2010. FLORIDA. JANICE LEHRER-STEIN, OF CALIFORNIA, TO BE A MEM- ELISEBETH COLLINS COOK, OF ILLINOIS, TO BE A MEM- SARA LYNN DARROW, OF ILLINOIS, TO BE UNITED BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A BER OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT TERM EXPIRING SEPTEMBER 17, 2013. BOARD FOR A TERM EXPIRING JANUARY 29, 2014. OF ILLINOIS. CLYDE E. TERRY, OF NEW HAMPSHIRE, TO BE A MEM- JAMES XAVIER DEMPSEY, OF CALIFORNIA, TO BE A JOHN A. KRONSTADT, OF CALIFORNIA, TO BE UNITED BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A MEMBER OF THE PRIVACY AND CIVIL LIBERTIES OVER- STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT TERM EXPIRING SEPTEMBER 17, 2013. SIGHT BOARD FOR A TERM EXPIRING JANUARY 29, 2016. OF CALIFORNIA. SMALL BUSINESS ADMINISTRATION KEVIN HUNTER SHARP, OF TENNESSEE, TO BE UNITED NATIONAL COUNCIL ON THE ARTS STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF AGNES GUND, OF NEW YORK, TO BE A MEMBER OF THE WINSLOW LORENZO SARGEANT, OF WISCONSIN, TO BE TENNESSEE. NATIONAL COUNCIL ON THE ARTS. CHIEF COUNSEL FOR ADVOCACY, SMALL BUSINESS AD- BERNICE BOUIE DONALD, OF TENNESSEE, TO BE MINISTRATION. UNITED STATES CIRCUIT JUDGE FOR THE SIXTH CIR- NATIONAL FOUNDATION ON THE ARTS AND THE WINSLOW LORENZO SARGEANT, OF WISCONSIN, TO BE CUIT. HUMANITIES CHIEF COUNSEL FOR ADVOCACY, SMALL BUSINESS AD- ARENDA L. WRIGHT ALLEN, OF VIRGINIA, TO BE MINISTRATION, TO WHICH POSITION HE WAS APPOINTED UNITED STATES DISTRICT JUDGE FOR THE EASTERN PAULA BARKER DUFFY, OF ILLINOIS, TO BE A MEMBER DURING THE LAST RECESS OF THE SENATE. DISTRICT OF VIRGINIA. OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A STATE JUSTICE INSTITUTE MICHAEL FRANCIS URBANSKI, OF VIRGINIA, TO BE TERM EXPIRING JANUARY 26, 2016. UNITED STATES DISTRICT JUDGE FOR THE WESTERN MARTHA WAGNER WEINBERG, OF MASSACHUSETTS, TO WILFREDO MARTINEZ, OF FLORIDA, TO BE A MEMBER DISTRICT OF VIRGINIA. BE A MEMBER OF THE NATIONAL COUNCIL ON THE HU- OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE CLAIRE C. CECCHI, OF NEW JERSEY, TO BE UNITED MANITIES FOR A TERM EXPIRING JANUARY 26, 2016. INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2010. STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW ALBERT J. BEVERIDGE III, OF THE DISTRICT OF CO- JERSEY. LUMBIA, TO BE A MEMBER OF THE NATIONAL COUNCIL THE JUDICIARY ESTHER SALAS, OF NEW JERSEY, TO BE UNITED ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, AMY TOTENBERG, OF GEORGIA, TO BE UNITED STATES STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW 2016. DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF JERSEY. CONSTANCE M. CARROLL, OF CALIFORNIA, TO BE A GEORGIA. MARK RAYMOND HORNAK, OF PENNSYLVANIA, TO BE MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- EDWARD CARROLL DUMONT, OF THE DISTRICT OF CO- UNITED STATES DISTRICT JUDGE FOR THE WESTERN ITIES FOR A TERM EXPIRING JANUARY 26, 2016. LUMBIA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE DISTRICT OF PENNSYLVANIA. CATHY M. DAVIDSON, OF NORTH CAROLINA, TO BE A FEDERAL CIRCUIT. ROBERT DAVID MARIANI, OF PENNSYLVANIA, TO BE MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- PAUL KINLOCH HOLMES, III, OF ARKANSAS, TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- ITIES FOR A TERM EXPIRING JANUARY 26, 2016. UNITED STATES DISTRICT JUDGE FOR THE WESTERN TRICT OF PENNSYLVANIA. AARON PAUL DWORKIN, OF MICHIGAN, TO BE A MEM- DISTRICT OF ARKANSAS. JOHN ANDREW ROSS, OF MISSOURI, TO BE UNITED BER OF THE NATIONAL COUNCIL ON THE ARTS FOR A SUSAN L. CARNEY, OF CONNECTICUT, TO BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT TERM EXPIRING SEPTEMBER 3, 2014. STATES CIRCUIT JUDGE FOR THE SECOND CIRCUIT. OF MISSOURI. NATIONAL LABOR RELATIONS BOARD ANTHONY J. BATTAGLIA, OF CALIFORNIA, TO BE UNITED STATES AGENCY FOR INTERNATIONAL UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DEVELOPMENT CRAIG BECKER, OF ILLINOIS, TO BE A MEMBER OF THE DISTRICT OF CALIFORNIA. NATIONAL LABOR RELATIONS BOARD FOR THE TERM OF EDWARD J. DAVILA, OF CALIFORNIA, TO BE UNITED ERIC G. POSTEL, OF WISCONSIN, TO BE AN ASSISTANT FIVE YEARS EXPIRING DECEMBER 16, 2014, TO WHICH PO- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT ADMINISTRATOR OF THE UNITED STATES AGENCY FOR SITION HE WAS APPOINTED DURING THE LAST RECESS OF CALIFORNIA. INTERNATIONAL DEVELOPMENT. OF THE SENATE. JAMES E. SHADID, OF ILLINOIS, TO BE UNITED STATES MARK GASTON PEARCE, OF NEW YORK, TO BE A MEM- DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF ILLI- UNITED STATES INSTITUTE OF PEACE BER OF THE NATIONAL LABOR RELATIONS BOARD FOR NOIS. JUDITH A. ANSLEY, OF MASSACHUSETTS, TO BE A THE TERM OF FIVE YEARS EXPIRING AUGUST 27, 2013, TO MAX OLIVER COGBURN, JR., OF NORTH CAROLINA, TO MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED WHICH POSITION HE WAS APPOINTED DURING THE LAST BE UNITED STATES DISTRICT JUDGE FOR THE WESTERN STATES INSTITUTE OF PEACE FOR THE REMAINDER OF RECESS OF THE SENATE. DISTRICT OF NORTH CAROLINA. THE TERM EXPIRING SEPTEMBER 19, 2011. NATIONAL MEDIATION BOARD JAMES E. GRAVES, JR., OF MISSISSIPPI, TO BE UNITED JUDITH A. ANSLEY, OF MASSACHUSETTS, TO BE A STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT. MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED THOMAS M. BECK, OF VIRGINIA, TO BE A MEMBER OF JAMES EMANUEL BOASBERG, OF THE DISTRICT OF CO- STATES INSTITUTE OF PEACE FOR A TERM OF FOUR THE NATIONAL MEDIATION BOARD FOR A TERM EXPIR- LUMBIA, TO BE UNITED STATES DISTRICT JUDGE FOR YEARS. ING JULY 1, 2013. THE DISTRICT OF COLUMBIA. JOHN A. LANCASTER, OF NEW YORK, TO BE A MEMBER AMY BERMAN JACKSON, OF THE DISTRICT OF COLUM- NATIONAL OCEANIC AND ATMOSPHERIC OF THE BOARD OF DIRECTORS OF THE UNITED STATES BIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE INSTITUTE OF PEACE FOR THE REMAINDER OF THE ADMINISTRATION DISTRICT OF COLUMBIA. TERM EXPIRING SEPTEMBER 19, 2011. VICTORIA FRANCES NOURSE, OF WISCONSIN, TO BE JOHN A. LANCASTER, OF NEW YORK, TO BE A MEMBER SCOTT C. DONEY, OF MASSACHUSETTS, TO BE CHIEF UNITED STATES CIRCUIT JUDGE FOR THE SEVENTH CIR- SCIENTIST OF THE NATIONAL OCEANIC AND ATMOS- OF THE BOARD OF DIRECTORS OF THE UNITED STATES CUIT. INSTITUTE OF PEACE FOR A TERM OF FOUR YEARS. PHERIC ADMINISTRATION. MARCO A. HERNANDEZ, OF OREGON, TO BE UNITED NATIONAL SCIENCE FOUNDATION STATES DISTRICT JUDGE FOR THE DISTRICT OF OREGON. UNITED STATES TAX COURT STEVE C. JONES, OF GEORGIA, TO BE UNITED STATES CORA B. MARRETT, OF WISCONSIN, TO BE DEPUTY DI- DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF JUAN F. VASQUEZ, OF TEXAS, TO BE A JUDGE OF THE RECTOR OF THE NATIONAL SCIENCE FOUNDATION. GEORGIA. UNITED STATES TAX COURT FOR A TERM OF FIFTEEN KELVIN K. DROEGEMEIER, OF OKLAHOMA, TO BE A SUE E. MYERSCOUGH, OF ILLINOIS, TO BE UNITED YEARS. MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT MAURICE B. FOLEY, OF MARYLAND, TO BE A JUDGE OF SCIENCE FOUNDATION FOR A TERM EXPIRING MAY 10, OF ILLINOIS. THE UNITED STATES TAX COURT FOR A TERM OF FIF- 2016. DIANA SALDANA, OF TEXAS, TO BE UNITED STATES TEEN YEARS. OFFICE OF SPECIAL COUNSEL DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF IN THE AIR FORCE TEXAS. CAROLYN N. LERNER, OF MARYLAND, TO BE SPECIAL MICHAEL H. SIMON, OF OREGON, TO BE UNITED STATES AIR FORCE NOMINATION OF BRIGADIER GENERAL COUNSEL, OFFICE OF SPECIAL COUNSEL, FOR THE TERM DISTRICT JUDGE FOR THE DISTRICT OF OREGON. RICHARD T. DEVEREAUX, TO BE MAJOR GENERAL. OF FIVE YEARS. CHARLES BERNARD DAY, OF MARYLAND, TO BE AIR FORCE NOMINATION OF MAJ. GEN. ROBIN RAND, TO UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF BE LIEUTENANT GENERAL. OFFICE OF THE DIRECTOR OF NATIONAL MARYLAND. AIR FORCE NOMINATIONS BEGINNING WITH BRIGADIER INTELLIGENCE KATHLEEN M. WILLIAMS, OF FLORIDA, TO BE UNITED GENERAL WILLIAM R. BURKS AND ENDING WITH COLO- STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT NEL ARTHUR W. HYATT, JR., WHICH NOMINATIONS WERE STEPHANIE O’SULLIVAN, OF VIRGINIA, TO BE PRIN- OF FLORIDA. RECEIVED BY THE SENATE AND APPEARED IN THE CON- CIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE. MARINA GARCIA MARMOLEJO, OF TEXAS, TO BE GRESSIONAL RECORD ON JUNE 28, 2010. AIR FORCE NOMINATION OF COL. DONALD P. DUNBAR, OVERSEAS PRIVATE INVESTMENT CORPORATION UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS. TO BE BRIGADIER GENERAL. KATHERINE M. GEHL, OF WISCONSIN, TO BE A MEMBER ROBERT NEIL CHATIGNY, OF CONNECTICUT, TO BE AIR FORCE NOMINATION OF MAJ. GEN. JOHN D. OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- UNITED STATES CIRCUIT JUDGE FOR THE SECOND CIR- LAVELLE, TO BE GENERAL. VATE INVESTMENT CORPORATION FOR A TERM EXPIR- CUIT. IN THE ARMY ING DECEMBER 17, 2010. GOODWIN LIU, OF CALIFORNIA, TO BE UNITED STATES MATTHEW MAXWELL TAYLOR KENNEDY, OF CALI- CIRCUIT JUDGE FOR THE NINTH CIRCUIT. ARMY NOMINATION OF COLONEL JODY J. DANIELS, TO FORNIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS LOUIS B. BUTLER, JR., OF WISCONSIN, TO BE UNITED BE BRIGADIER GENERAL. OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT ARMY NOMINATION OF COLONEL DOMINIC J. FOR A TERM EXPIRING DECEMBER 17, 2012. OF WISCONSIN. CARACCILO, TO BE BRIGADIER GENERAL.

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ARMY NOMINATION OF BRIG. GEN. RODNEY J. BARHAM, MISSISSIPPI RIVER COMMISSION SOCIAL SECURITY ADMINISTRATION TO BE MAJOR GENERAL. ARMY NOMINATION OF COLONEL DENISE T. ROONEY, SAMUEL EPSTEIN ANGEL, OF ARKANSAS, TO BE A CAROLYN W. COLVIN, OF MARYLAND, TO BE DEPUTY TO BE BRIGADIER GENERAL. MEMBER OF THE MISSISSIPPI RIVER COMMISSION FOR A COMMISSIONER OF SOCIAL SECURITY FOR THE TERM EX- TERM OF NINE YEARS. PIRING JANUARY 19, 2013. NATIONAL OCEANIC AND ATMOSPHERIC IN THE AIR FORCE ADMINISTRATION DEPARTMENT OF JUSTICE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- MICHELE MARIE LEONHART, OF CALIFORNIA, TO BE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TION NOMINATION OF MICHAEL S. DEVANY, TO BE REAR ADMINISTRATOR OF DRUG ENFORCEMENT. CATED UNDER TITLE 10, U.S.C., SECTION 624: ADMIRAL (LOWER HALF). STACIA A. HYLTON, OF VIRGINIA, TO BE DIRECTOR OF THE UNITED STATES MARSHALS SERVICE. VICE JOHN F. To be major general IN THE NAVY CLARK, RESIGNED. BRIG. GEN. OTIS G. MANNON NAVY NOMINATION OF CAPTAIN LUKE M. MCCOLLUM, NATIONAL BOARD FOR EDUCATION SCIENCES TO BE REAR ADMIRAL (LOWER HALF). THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NAVY NOMINATION OF REAR ADM. (LH) JAMES P. ROBERT ANACLETUS UNDERWOOD, OF GUAM, TO BE A IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MCMANAMON, TO BE REAR ADMIRAL. MEMBER OF THE BOARD OF DIRECTORS OF THE NA- CATED UNDER TITLE 10, U.S.C., SECTION 624: TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM IN THE AIR FORCE EXPIRING NOVEMBER 28, 2012. To be major general ANTHONY BRYK, OF CALIFORNIA, TO BE A MEMBER OF BRIG. GEN. RICHARD T. DEVEREAUX AIR FORCE NOMINATION OF DAVID JAURIQUE, TO BE THE BOARD OF DIRECTORS OF THE NATIONAL BOARD COLONEL. FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH DAVID VEMBER 28, 2011. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- LEWIS BUTTRICK AND ENDING WITH THEADORE L. WIL- KRIS D. GUTIERREZ, OF COLORADO, TO BE A MEMBER CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE SON, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ATE AND APPEARED IN THE CONGRESSIONAL RECORD FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- 601: ON NOVEMBER 17, 2010. VEMBER 28, 2012. AIR FORCE NOMINATIONS BEGINNING WITH MARTIN D. To be lieutenant general ADAMSON AND ENDING WITH JOHN MARION VON ALMEN, DEPARTMENT OF EDUCATION MAJ. GEN. CHARLES R. DAVIS WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- SEAN P. BUCKLEY, OF NEW YORK, TO BE COMMIS- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- VEMBER 17, 2010. SIONER OF EDUCATION STATISTICS FOR A TERM EXPIR- ING JUNE 21, 2015. CATED UNDER TITLE 10, U.S.C., SECTION 624: FOREIGN SERVICE INSTITUTE OF MUSEUM AND LIBRARY SERVICES To be major general FOREIGN SERVICE NOMINATION OF BARBARA J. MAR- BRIG. GEN. MICHELLE D. JOHNSON TIN. SUSAN H. HILDRETH, OF WASHINGTON, TO BE DIREC- FOREIGN SERVICE NOMINATION OF R. DOUGLASS AR- TOR OF THE INSTITUTE OF MUSEUM AND LIBRARY SERV- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BUCKLE. ICES. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 624: FOREIGN SERVICE NOMINATION OF HUSSAIN WAHEED NATIONAL FOUNDATION ON THE ARTS AND THE IMAM. HUMANITIES To be major general IN THE MARINE CORPS BRIG. GEN. BRETT T. WILLIAMS ALLISON BLAKELY, OF MASSACHUSETTS, TO BE A MARINE CORPS NOMINATIONS BEGINNING WITH JOE H. MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ADKINS, JR. AND ENDING WITH JAMES B. ZIENTEK, ITIES FOR A TERM EXPIRING JANUARY 26, 2016. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CATED UNDER TITLE 10, U.S.C., SECTION 624: UNITED STATES SENTENCING COMMISSION AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- To be major general CEMBER 8, 2010. PATTI B. SARIS, OF MASSACHUSETTS, TO BE A MEM- BER OF THE UNITED STATES SENTENCING COMMISSION BRIG. GEN. JAMES M. HOLMES f FOR A TERM EXPIRING OCTOBER 31, 2015. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED DABNEY LANGHORNE FRIEDRICH, OF MARYLAND, TO STATES OFFICER FOR APPOINTMENT IN THE RESERVE CONFIRMATIONS BE A MEMBER OF THE UNITED STATES SENTENCING OF THE AIR FORCE TO THE GRADE INDICATED UNDER COMMISSION FOR A TERM EXPIRING OCTOBER 31, 2015. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: Executive nominations confirmed by PATTI B. SARIS, OF MASSACHUSETTS, TO BE CHAIR OF To be brigadier general the Senate, December 22, 2010: THE UNITED STATES SENTENCING COMMISSION. OVERSEAS PRIVATE INVESTMENT CORPORATION COL. WAYNE E. LEE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION KEVIN GLENN NEALER, OF MARYLAND, TO BE A MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JACQUELINE A. BERRIEN, OF NEW YORK, TO BE A MEM- BER OF THE BOARD OF DIRECTORS OF THE OVERSEAS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BER OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- PRIVATE INVESTMENT CORPORATION FOR A TERM EX- CATED UNDER TITLE 10, U.S.C., SECTION 624: MISSION FOR A TERM EXPIRING JULY 1, 2014. PIRING DECEMBER 17, 2011. To be brigadier general CHAI RACHEL FELDBLUM, OF MARYLAND, TO BE A MEMBER OF THE EQUAL EMPLOYMENT OPPORTUNITY DEPARTMENT OF STATE COL. TIMOTHY T. JEX COMMISSION FOR A TERM EXPIRING JULY 1, 2013. P. DAVID LOPEZ, OF ARIZONA, TO BE GENERAL COUN- CAROL FULP, OF MASSACHUSETTS, TO BE A REP- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SEL OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- RESENTATIVE OF THE UNITED STATES OF AMERICA TO IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MISSION FOR A TERM OF FOUR YEARS. THE SIXTY-FIFTH SESSION OF THE GENERAL ASSEMBLY CATED UNDER TITLE 10, U.S.C., SECTION 624: VICTORIA A. LIPNIC, OF VIRGINIA, TO BE A MEMBER OF OF THE UNITED NATIONS. To be brigadier general THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JEANNE SHAHEEN, OF NEW HAMPSHIRE, TO BE A REP- FOR THE REMAINDER OF THE TERM EXPIRING JULY 1, RESENTATIVE OF THE UNITED STATES OF AMERICA TO COLONEL DONALD J. BACON 2010. THE SIXTY-FIFTH SESSION OF THE GENERAL ASSEMBLY COLONEL WARREN D. BERRY VICTORIA A. LIPNIC, OF VIRGINIA, TO BE A MEMBER OF OF THE UNITED NATIONS. COLONEL CASEY D. BLAKE THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ROGER F. WICKER, OF MISSISSIPPI, TO BE A REP- COLONEL MARK ANTHONY BROWN FOR A TERM EXPIRING JULY 1, 2015. RESENTATIVE OF THE UNITED STATES OF AMERICA TO COLONEL STEPHEN A. CLARK THE SIXTY-FIFTH SESSION OF THE GENERAL ASSEMBLY COLONEL ANTHONY J. COTTON THE JUDICIARY OF THE UNITED NATIONS. COLONEL THOMAS H. DEALE GREGORY J. NICKELS, OF WASHINGTON, TO BE AN AL- COLONEL STEPHEN T. DENKER SCOTT M. MATHESON, JR., OF UTAH, TO BE UNITED TERNATE REPRESENTATIVE OF THE UNITED STATES OF STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT. COLONEL JOHN L. DOLAN AMERICA TO THE SIXTY-FIFTH SESSION OF THE GEN- COLONEL MICHAEL E. FORTNEY DEPARTMENT OF DEFENSE ERAL ASSEMBLY OF THE UNITED NATIONS. COLONEL PETER E. GERSTEN WILLIAM R. BROWNFIELD, OF TEXAS, A CAREER MEM- COLONEL ROBERT P. GIVENS JONATHAN WOODSON, OF MASSACHUSETTS, TO BE AN BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- COLONEL THOMAS F. GOULD ASSISTANT SECRETARY OF DEFENSE. REER MINISTER, TO BE AN ASSISTANT SECRETARY OF COLONEL TIMOTHY S. GREEN STATE (INTERNATIONAL NARCOTICS AND LAW ENFORCE- THE JUDICIARY COLONEL GINA M. GROSSO MENT AFFAIRS). COLONEL JOSEPH T. GUASTELLA, JR. MARY HELEN MURGUIA, OF ARIZONA, TO BE UNITED UNITED STATES AGENCY FOR INTERNATIONAL COLONEL DAVID A. HARRIS STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT. COLONEL DARYL J. HAUCK KATHLEEN M. O’MALLEY, OF OHIO, TO BE UNITED DEVELOPMENT COLONEL JOHN M. HICKS STATES CIRCUIT JUDGE FOR THE FEDERAL CIRCUIT. PAIGE EVE ALEXANDER, OF GEORGIA, TO BE AN AS- COLONEL JOHN P. HORNER BERYL ALAINE HOWELL, OF THE DISTRICT OF COLUM- SISTANT ADMINISTRATOR OF THE UNITED STATES COLONEL CHARLES K. HYDE BIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE AGENCY FOR INTERNATIONAL DEVELOPMENT. COLONEL PATRICK C. MALACKOWSKI DISTRICT OF COLUMBIA. COLONEL JAMES R. MARRS ROBERT LEON WILKINS, OF THE DISTRICT OF COLUM- MILLENNIUM CHALLENGE CORPORATION COLONEL LAWRENCE M. MARTIN, JR. BIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE COLONEL JEFFREY R. MCDANIELS DISTRICT OF COLUMBIA. MARK GREEN, OF WISCONSIN, TO BE A MEMBER OF THE COLONEL MARK M. MCLEOD BOARD OF DIRECTORS OF THE MILLENNIUM CHALLENGE COLONEL JOHN K. MCMULLEN STATE JUSTICE INSTITUTE CORPORATION FOR A TERM OF THREE YEARS. COLONEL LINDA R. MEDLER WILFREDO MARTINEZ, OF FLORIDA, TO BE A MEMBER DEPARTMENT OF STATE COLONEL MATTHEW H. MOLLOY OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE COLONEL MICHAEL T. PLEHN INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2013. THOMAS R. NIDES, OF THE DISTRICT OF COLUMBIA, TO COLONEL MARGARET B. POORE CHASE THEODORA ROGERS, OF CONNECTICUT, TO BE A BE DEPUTY SECRETARY OF STATE FOR MANAGEMENT COLONEL THOMAS J. SHARPY MEMBER OF THE BOARD OF DIRECTORS OF THE STATE AND RESOURCES. COLONEL BRADFORD J. SHWEDO COLONEL RICHARD S. STAPP JUSTICE INSTITUTE FOR A TERM EXPIRING SEPTEMBER MILLENNIUM CHALLENGE CORPORATION 17, 2012. COLONEL DAVID R. STILWELL ISABEL FRAMER, OF OHIO, TO BE A MEMBER OF THE ALAN J. PATRICOF, OF NEW YORK, TO BE A MEMBER OF COLONEL ROGER W. TEAGUE BOARD OF DIRECTORS OF THE STATE JUSTICE INSTI- THE BOARD OF DIRECTORS OF THE MILLENNIUM CHAL- COLONEL DAVID C. UHRICH TUTE FOR A TERM EXPIRING SEPTEMBER 17, 2012. LENGE CORPORATION FOR A TERM OF TWO YEARS. COLONEL ROGER H. WATKINS COLONEL MARK W. WESTERGREN GOVERNMENT ACCOUNTABILITY OFFICE DEPARTMENT OF AGRICULTURE COLONEL SCOTT J. ZOBRIST EUGENE LOUIS DODARO, OF VIRGINIA, TO BE COMP- RAMONA EMILIA ROMERO, OF PENNSYLVANIA, TO BE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TROLLER GENERAL OF THE UNITED STATES FOR A TERM GENERAL COUNSEL OF THE DEPARTMENT OF AGRI- IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- OF FIFTEEN YEARS. CULTURE. CATED UNDER TITLE 10, U.S.C., SECTION 12203:

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00144 Fmt 0686 Sfmt 9801 E:\BR10\S22DE0.005 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23568 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 December 22, 2010 To be major general THE FOLLOWING ARMY NATIONAL GUARD OF THE BRIGADIER GENERAL WILLIAM E. RAPP UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- BRIGADIER GENERAL THOMAS J. RICHARDSON BRIGADIER GENERAL THOMAS P. HARWOOD III SERVE OF THE ARMY TO THE GRADE INDICATED UNDER BRIGADIER GENERAL FREDERICK S. RUDESHEIM BRIGADIER GENERAL ROBERT K. MILLMANN, JR. TITLE 10, U.S.C., SECTIONS 12203 AND 12211: BRIGADIER GENERAL BENNET S. SACOLICK BRIGADIER GENERAL WILLIAM F. SCHAUFFERT BRIGADIER GENERAL FRANK D. TURNER III BRIGADIER GENERAL MICHAEL N. WILSON To be brigadier general BRIGADIER GENERAL KEVIN R. WENDEL BRIGADIER GENERAL JOHN T. WINTERS, JR. COL. BRIAN K. BALFE BRIGADIER GENERAL LARRY D. WYCHE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- TO GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES ARMY CATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: To be brigadier general To be brigadier general To be brigadier general COLONEL RANDALL C. GUTHRIE COLONEL BRADLEY A. BECKER COL. JEFFREY L. BAILEY COLONEL NORMAN R. HAM, JR. COLONEL SCOTT D. BERRIER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL RONALD B. MILLER COLONEL MICHAEL A. BILLS TO THE GRADE INDICATED IN THE UNITED STATES ARMY COLONEL JOHN J. MOONEY III COLONEL GWENDOLYN BINGHAM UNDER TITLE 10, U.S.C., SECTION 624: COLONEL DAVID B. O’BRIEN COLONEL DAVID J. BISHOP COLONEL RICHARD W. SCOBEE COLONEL MATTHEW L. BRAND To be brigadier general COLONEL JOCELYN M. SENG COLONEL JAMES B. BURTON COLONEL WILLIAM B. WALDROP, JR. COLONEL JOHN W. CHARLTON COL. CURT A. RAUHUT COLONEL TOMMY J. WILLIAMS COLONEL GUY T. COSENTINO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL EDWARD P. YARISH COLONEL JAMES H. DICKINSON IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL SHEILA ZUEHLKE COLONEL TIMOTHY J. EDENS UNDER TITLE 10, U.S.C., SECTIONS 624, 3037, AND 3064: THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COLONEL CHARLES A. FLYNN STATES OFFICERS FOR APPOINTMENT IN THE RESERVE COLONEL GEORGE J. FRANZ III To be brigadier general, judge advocate OF THE AIR FORCE TO THE GRADES INDICATED UNDER COLONEL THEODORE C. HARRISON general’s corps TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COLONEL FREDERICK A. HENRY COLONEL TERENCE J. HILDNER COL. FLORA D. DARPINO To be major general COLONEL HENRY L. HUNTLEY COLONEL PAUL C. HURLEY, JR. THE FOLLOWING ARMY NATIONAL GUARD OF THE BRIGADIER GENERAL FRANCES M. AUCLAIR COLONEL MARK S. INCH UNITED STATES OFFICERS FOR APPOINTMENT IN THE BRIGADIER GENERAL BARRY K. COLN COLONEL FERDINAND IRIZARRY II RESERVE OF THE ARMY TO THE GRADES INDICATED BRIGADIER GENERAL JEFFREY R. JOHNSON COLONEL THOMAS S. JAMES, JR. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: BRIGADIER GENERAL MARY J. KIGHT COLONEL OLE A. KNUDSON BRIGADIER GENERAL THOMAS R. MOORE To be major general COLONEL THOMAS W. KULA BRIGADIER GENERAL JOHN F. NICHOLS COLONEL CLARK W. LEMASTERS, JR. BRIGADIER GENERAL LEON S. RICE BRIGADIER GENERAL JOSEPH L. CULVER COLONEL THEODORE D. MARTIN BRIGADIER GENERAL GARY L. SAYLER BRIGADIER GENERAL FRANCIS P. GONZALES COLONEL BRIAN J. MCKIERNAN BRIGADIER GENERAL SCOTT B. SCHOFIELD BRIGADIER GENERAL DAVID L. HARRIS COLONEL ROBIN L. MEALER BRIGADIER GENERAL JONATHAN T. TREACY BRIGADIER GENERAL JAMES R. JOSEPH COLONEL JOHN B. MORRISON, JR. BRIGADIER GENERAL DELILAH R. WORKS BRIGADIER GENERAL JEFF W. MATHIS III COLONEL SEAN P. MULHOLLAND BRIGADIER GENERAL HENRY C. MCCANN To be brigadier general COLONEL KEVIN G. O’CONNELL BRIGADIER GENERAL STEVEN N. WICKSTROM COLONEL BARRYE L. PRICE COLONEL STEVEN P. BULLARD COLONEL MARK R. QUANTOCK To be brigadier general COLONEL MICHAEL B. COMPTON COLONEL JAMES M. RICHARDSON COLONEL JAMES A. ADKINS COLONEL MURRAY A. HANSEN COLONEL DARSIE D. ROGERS, JR. COLONEL DEBORAH A. ASHENHURST COLONEL JEFFREY W. HAUSER COLONEL MARTIN P. SCHWEITZER COLONEL ELIZABETH D. AUSTIN COLONEL WILLIAM O. HILL COLONEL JEFFREY A. SINCLAIR COLONEL LINDA C. BODE COLONEL JEROME P. LIMOGE, JR. COLONEL RICHARD L. STEVENS COLONEL DARLENE M. GOFF COLONEL DONALD A. MCGREGOR COLONEL PETER D. UTLEY COLONEL SCOTT A. GRONEWOLD COLONEL TONY E. MCMILLIAN COLONEL GARY J. VOLESKY COLONEL BRIAN C. HARRIS COLONEL GREGORY L. NELSON COLONEL KIRK F. VOLLMECKE COLONEL JAMES M. HARRIS COLONEL GARY L. NOLAN COLONEL DARRYL A. WILLIAMS COLONEL SAMUEL L. HENRY COLONEL MICHAEL E. STENCEL COLONEL MICHAEL E. WILLIAMSON COLONEL JAY J. HOOPER COLONEL RICHARD G. TURNER COLONEL CEDRIC T. WINS COLONEL WILLIAM L. WELSH COLONEL KEITH E. KNOWLTON COLONEL DANIEL J. ZACHMAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL FRANCIS S. LAUDANO III IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL RUSTY L. LINGENFELTER IN THE ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL JUDD H. LYONS COLONEL EUGENE L. MASCOLO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL MICHAEL W. MCHENRY IN THE RESERVE OF THE ARMY TO THE GRADE INDI- To be lieutenant general COLONEL KEVIN L. MCNEELY CATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL GLEN E. MOORE LT. GEN. MICHAEL D. BARBERO To be major general COLONEL OLIVER L. NORRELL III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL WILLIAM J. O’NEILL BRIG. GEN. JON J. MILLER IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL VICTOR S. PEREZ THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL HARVE T. ROMINE IN THE UNITED STATES ARMY TO THE GRADE INDICATED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL JOANNE F. SHERIDAN UNDER TITLE 10, U.S.C., SECTION 624: COLONEL PAUL G. SMITH To be lieutenant general COLONEL PETER C. VANAMBURGH To be major general COLONEL KATHY J. WRIGHT MAJ. GEN. MICHAEL FERRITER BRIGADIER GENERAL ROBERT M. BROWN THE FOLLOWING ARMY NATIONAL GUARD OF THE THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT IN THE THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- RESERVE OF THE ARMY TO THE GRADES INDICATED UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be major general To be major general To be brigadier general BRIG. GEN. MANUEL ORTIZ, JR. BRIGADIER GENERAL RICKY G. ADAMS COL. BENJAMIN F. ADAMS III BRIGADIER GENERAL BARBARANETTE T. BOLDEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIGADIER GENERAL GLENN H. CURTIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED BRIGADIER GENERAL STEPHEN C. DABADIE IN THE RESERVE OF THE ARMY TO THE GRADES INDI- UNDER TITLE 10, U.S.C., SECTION 624: BRIGADIER GENERAL JONATHAN E. FARNHAM CATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be major general BRIGADIER GENERAL LEODIS T. JENNINGS To be major general BRIGADIER GENERAL SCOTT W. JOHNSON BRIGADIER GENERAL ROBERT B. ABRAMS To be brigadier general BRIGADIER GENERAL DOUGLAS P. ANSON BRIGADIER GENERAL ALLISON T. AYCOCK BRIGADIER GENERAL ROBERT G. CATALANOTTI BRIGADIER GENERAL PETER C. BAYER, JR. COLONEL DOMINIC D. ARCHIBALD BRIGADIER GENERAL GREGORY E. COUCH BRIGADIER GENERAL JAMES C. BOOZER, SR. COLONEL ARTHUR G. AUSTIN, JR. BRIGADIER GENERAL DAVID S. ELMO BRIGADIER GENERAL JEFFREY S. BUCHANAN COLONEL CRAIG A. BARGFREDE BRIGADIER GENERAL JEFFERY E. PHILLIPS BRIGADIER GENERAL GARY H. CHEEK COLONEL COURTNEY P. CARR BRIGADIER GENERAL ROBERT P. STALL BRIGADIER GENERAL KENDALL P. COX COLONEL JOEL D. CUSKER BRIGADIER GENERAL WILLIAM D. WAFF BRIGADIER GENERAL WILLIAM T. CROSBY COLONEL PATRICK J. DOLAN To be brigadier general BRIGADIER GENERAL ANTHONY G. CRUTCHFIELD COLONEL DAVID A. GALLOWAY BRIGADIER GENERAL PETER N. FULLER COLONEL SCOTT F. GEDLING COLONEL DANIEL R. AMMERMAN BRIGADIER GENERAL WILLIAM K. FULLER COLONEL KEVIN S. GERDES COLONEL EDWARD G. BURLEY BRIGADIER GENERAL WALTER M. GOLDEN, JR. COLONEL JUAN L. GRIEGO COLONEL WILLIAM F. DUFFY BRIGADIER GENERAL PATRICK M. HIGGINS COLONEL RALPH H. GROOVER III COLONEL PATRICK J. REINERT BRIGADIER GENERAL FREDERICK B. HODGES COLONEL STEPHEN R. HOGAN COLONEL DOUGLAS R. SATTERFIELD BRIGADIER GENERAL ANTHONY R. IERARDI COLONEL DANIEL R. HOKANSON COLONEL JOHN H. TURNER III BRIGADIER GENERAL RICHARD C. LONGO COLONEL GARY E. HUFFMAN COLONEL HUGH C. VANROOSEN II BRIGADIER GENERAL ALAN R. LYNN COLONEL RUTH A. IRWIN COLONEL RICKY L. WADDELL BRIGADIER GENERAL DAVID L. MANN COLONEL STEPHEN E. JOYCE BRIGADIER GENERAL BRADLEY W. MAY COLONEL RICHARD F. KEENE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL LLOYD MILES COLONEL TERRY A. LAMBERT IN THE UNITED STATES ARMY TO THE GRADE INDICATED BRIGADIER GENERAL MARK A. MILLEY COLONEL DANIEL B. LEATHERMAN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BRIGADIER GENERAL JENNIFER L. NAPPER COLONEL ELTON LEWIS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BRIGADIER GENERAL JOHN W. NICHOLSON, JR. COLONEL TIMOTHY M. MCKEITHEN To be general BRIGADIER GENERAL RAYMOND P. PALUMBO COLONEL PAUL J. PENA BRIGADIER GENERAL GARY S. PATTON COLONEL MATTHEW T. QUINN GEN. CARTER F. HAM BRIGADIER GENERAL MARK W. PERRIN COLONEL MARK A. RUSSO

VerDate Mar 15 2010 12:23 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00145 Fmt 0686 Sfmt 9801 E:\BR10\S22DE0.005 S22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 15 23569

COLONEL ORLANDO SALINAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF SUSAN A. CASTORINA, TO BE COLONEL BRYAN L. SAUCERMAN TO THE GRADE OF LIEUTENANT GENERAL IN THE MAJOR. COLONEL MICHAEL D. SCHWARTZ UNITED STATES MARINE CORPS WHILE ASSIGNED TO A ARMY NOMINATIONS BEGINNING WITH THERESA C. COLONEL TIMOTHY L. SHEPPARD POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER COWGER AND ENDING WITH MARIE N. WRIGHT, WHICH COLONEL REX A. SPITLER TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL DONALD B. TATUM PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER COLONEL JAMES E. TAYLOR To be lieutenant general 17, 2010. MAJ. GEN. KENNETH J. GLUECK, JR. ARMY NOMINATIONS BEGINNING WITH PAULA S. OLI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VER AND ENDING WITH GARY D. RIGGS, WHICH NOMINA- IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TO THE GRADE OF LIEUTENANT GENERAL IN THE IN THE CONGRESSIONAL RECORD ON NOVEMBER 17, 2010. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: UNITED STATES MARINE CORPS WHILE ASSIGNED TO A ARMY NOMINATIONS BEGINNING WITH JOSEPH C. To be lieutenant general POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER CARVER AND ENDING WITH GARY L. PAULSON, WHICH TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MAJ. GEN. HOWARD B. BROMBERG To be lieutenant general PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER 17, 2010. THE FOLLOWING ARMY NATIONAL GUARD OF THE MAJ. GEN. ROBERT E. MILSTEAD, JR. ARMY NOMINATION OF JOHN E. JOHNSON II, TO BE UNITED STATES OFFICERS FOR APPOINTMENT IN THE MAJOR. RESERVE OF THE ARMY TO THE GRADES INDICATED IN THE AIR FORCE ARMY NOMINATION OF ANDREW S. DREIER, TO BE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: AIR FORCE NOMINATIONS BEGINNING WITH BRIAN F. LIEUTENANT COLONEL. To be major general ABELL AND ENDING WITH RAY A. ZUNIGA, WHICH NOMI- ARMY NOMINATIONS BEGINNING WITH KEVIN D. NATIONS WERE RECEIVED BY THE SENATE AND AP- ELLSON AND ENDING WITH STEVEN J. OLSON, WHICH BRIGADIER GENERAL GREGORY W. BATTS PEARED IN THE CONGRESSIONAL RECORD ON SEP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL BRENT M. BOYLES TEMBER 23, 2010. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER BRIGADIER GENERAL JEFFERSON S. BURTON AIR FORCE NOMINATION OF JOSEPH T. FETSCH, TO BE 17, 2010. BRIGADIER GENERAL LAWRENCE E. DUDNEY, JR. COLONEL. ARMY NOMINATIONS BEGINNING WITH PHILLIP R. BRIGADIER GENERAL BURTON K. FRANCISCO AIR FORCE NOMINATION OF SUZANNE M. HENDERSON, GLICK AND ENDING WITH WILLIAM G. SUVER, WHICH BRIGADIER GENERAL CHARLES H. GAILES, JR. TO BE LIEUTENANT COLONEL. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL GARY M. HARA AIR FORCE NOMINATIONS BEGINNING WITH CHARLES PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER BRIGADIER GENERAL TIMOTHY J. KADAVY R. CORNELISSE AND ENDING WITH GERALD D. MCMANUS, 17, 2010. BRIGADIER GENERAL PATRICK A. MURPHY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH KEVIN ACOSTA BRIGADIER GENERAL TIMOTHY E. ORR AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- AND ENDING WITH ROBERT K. YIM, WHICH NOMINATIONS BRIGADIER GENERAL DAVID C. PETERSEN VEMBER 17, 2010. WERE RECEIVED BY THE SENATE AND APPEARED IN THE To be brigadier general AIR FORCE NOMINATIONS BEGINNING WITH ENEYA H. CONGRESSIONAL RECORD ON NOVEMBER 17, 2010. MULAGHA AND ENDING WITH CLAUDIA P. ZIMMERMANN, ARMY NOMINATIONS BEGINNING WITH MARY E. COLONEL JERRY R. ACTON, JR. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ABRAMS AND ENDING WITH D002043, WHICH NOMINATIONS COLONEL DALLEN S. ATACK AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- WERE RECEIVED BY THE SENATE AND APPEARED IN THE COLONEL JAMES P. BEGLEY III VEMBER 17, 2010. CONGRESSIONAL RECORD ON NOVEMBER 17, 2010. ARMY NOMINATIONS BEGINNING WITH TIMOTHY P. COLONEL ALAN J. BUTSON AIR FORCE NOMINATIONS BEGINNING WITH LENA R. ALBERS AND ENDING WITH G001187, WHICH NOMINATIONS COLONEL WALTER E. FOUNTAIN HASKELL AND ENDING WITH WILLIAM A. SOBLE, WHICH WERE RECEIVED BY THE SENATE AND APPEARED IN THE COLONEL RICHARD J. GALLANT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CONGRESSIONAL RECORD ON NOVEMBER 17, 2010. COLONEL ALBERTO C. GONZALEZ PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER ARMY NOMINATIONS BEGINNING WITH ELLEN J. AB- COLONEL JOHNNY H. ISAAK 17, 2010. BOTT AND ENDING WITH MICHAEL W. YOUNG, WHICH COLONEL GREGORY L. KENNEDY AIR FORCE NOMINATIONS BEGINNING WITH RANDON H. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL ARTHUR J. LOGAN DRAPER AND ENDING WITH ANDREW S. WILLIAMS, PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER COLONEL NEAL G. LOIDOLT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 17, 2010. COLONEL JEFFREY P. MARLETTE AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- ARMY NOMINATIONS BEGINNING WITH JOHN C. ALLRED COLONEL TED MARTINELL VEMBER 17, 2010. AND ENDING WITH D001821, WHICH NOMINATIONS WERE COLONEL EDWARD R. MORGAN AIR FORCE NOMINATIONS BEGINNING WITH JANELLE E. RECEIVED BY THE SENATE AND APPEARED IN THE CON- COLONEL MICHAEL D. NAVRKAL COSTA AND ENDING WITH JEROME E. WIZDA, WHICH GRESSIONAL RECORD ON NOVEMBER 17, 2010. COLONEL LEESA J. PAPIER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH JOHN W. COLONEL KENNETH L. REINER PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER AARSEN AND ENDING WITH LOREN T. ZWEIG, WHICH COLONEL SEAN A. RYAN 17, 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL KENNETH A. SANCHEZ AIR FORCE NOMINATIONS BEGINNING WITH WILLIAM J. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER COLONEL STEVEN T. SCOTT ANNEXSTAD AND ENDING WITH STACEY J. VETTER, 17, 2010. COLONEL WILLIAM L. STOPPEL WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH JOHN G. FELTZ COLONEL LEE E. TAFANELLI AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- AND ENDING WITH LOUIS W. WILHAM, WHICH NOMINA- COLONEL KEITH Y. TAMASHIRO VEMBER 17, 2010. TIONS WERE RECEIVED BY THE SENATE AND APPEARED COLONEL GUY E. THOMAS AIR FORCE NOMINATIONS BEGINNING WITH RYAN J. IN THE CONGRESSIONAL RECORD ON NOVEMBER 17, 2010. COLONEL NEIL H. TOLLEY ALBRECHT AND ENDING WITH GABRIEL MATTHEW ARMY NOMINATION OF KATHLEEN M. FLOCKE, TO BE COLONEL DAVID S. VISSER YOUNG, WHICH NOMINATIONS WERE RECEIVED BY THE MAJOR. COLONEL MARIANNE E. WATSON SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATION OF GARY A. VROEGINDEWEY, TO BE COLONEL MARTHA N. WONG RECORD ON NOVEMBER 17, 2010. COLONEL. COLONEL ANTHONY WOODS AIR FORCE NOMINATION OF PAUL L. SHEROUSE, TO BE ARMY NOMINATIONS BEGINNING WITH CRAIG S. IN THE NAVY COLONEL. BROOKS AND ENDING WITH BENNIE W. SWINK, WHICH AIR FORCE NOMINATION OF GABRIEL C. AVILLA, TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJOR. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER IN THE UNITED STATES NAVY RESERVE TO THE GRADE AIR FORCE NOMINATIONS BEGINNING WITH NATHAN P. 18, 2010. CHRISTENSEN AND ENDING WITH SARA A. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE MARINE CORPS To be rear admiral (lower half) WHITTINGHAM, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL MARINE CORPS NOMINATIONS BEGINNING WITH BRAN- CAPT. THOMAS E. BEEMAN RECORD ON NOVEMBER 18, 2010. DON M. BOLLING AND ENDING WITH WYETH M. TOWLE, AIR FORCE NOMINATIONS BEGINNING WITH JESSICA L. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ABBOTT AND ENDING WITH ANDREW J. WYNN, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- IN THE UNITED STATES NAVY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- VEMBER 18, 2010. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 8, 2010. IN THE NAVY To be vice admiral AIR FORCE NOMINATIONS BEGINNING WITH EDWARD R. NAVY NOMINATIONS BEGINNING WITH PATRICK C. DAN- ANDERSON III AND ENDING WITH DAVID H. ZONIES, IELS AND ENDING WITH THOMAS L. EDLER, WHICH NOMI- REAR ADM. GERALD R. BEAMAN WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- PEARED IN THE CONGRESSIONAL RECORD ON SEP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CEMBER 8, 2010. TEMBER 29, 2010. IN THE UNITED STATES NAVY TO THE GRADE INDICATED AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL J. NAVY NOMINATION OF MATTHEW R. FOMBY, TO BE UNDER TITLE 10, U.S.C., SECTION 156: ALFARO AND ENDING WITH SARA M. WILSON, WHICH LIEUTENANT COMMANDER. To be rear admiral (lower half) NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF RONNY L. JACKSON, TO BE CAP- PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER TAIN. CAPT. JAMES W. CRAWFORD III 8, 2010. NAVY NOMINATION OF FREDERICK G. PANICO, TO BE AIR FORCE NOMINATIONS BEGINNING WITH COREY R. CAPTAIN. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANDERSON AND ENDING WITH SON X. VU, WHICH NOMI- NAVY NOMINATIONS BEGINNING WITH DANIEL J. IN THE UNITED STATES NAVY TO THE GRADE INDICATED NATIONS WERE RECEIVED BY THE SENATE AND AP- TRAUB AND ENDING WITH WAYNE M. BURR, WHICH NOMI- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER NATIONS WERE RECEIVED BY THE SENATE AND AP- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 8, 2010. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER To be vice admiral IN THE ARMY 17, 2010. NAVY NOMINATIONS BEGINNING WITH AUNTOWHAN M. VICE ADM. RICHARD W. HUNT ARMY NOMINATION OF MICHAEL P. MCGAFFIGAN, TO ANDREWS AND ENDING WITH CHRISTOPHER W. WOLFF, IN THE MARINE CORPS BE MAJOR. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH EDWIN E. AHL AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AND ENDING WITH D002419, WHICH NOMINATIONS WERE VEMBER 18, 2010. IN THE UNITED STATES MARINE CORPS TO THE GRADE RECEIVED BY THE SENATE AND APPEARED IN THE CON- NAVY NOMINATIONS BEGINNING WITH MATTHEW A. INDICATED UNDER TITLE 10, U.S.C., SECTION 624: GRESSIONAL RECORD ON SEPTEMBER 20, 2010. MCQUEEN AND ENDING WITH CHARLES E. VARSOGEA, To be major general ARMY NOMINATIONS BEGINNING WITH DIANE J. BOESE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND ENDING WITH PHILIP N. WASYLINA, WHICH NOMINA- AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- BRIGADIER GENERAL KENNETH F. MCKENZIE, JR. TIONS WERE RECEIVED BY THE SENATE AND APPEARED VEMBER 18, 2010. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 29, 2010. NAVY NOMINATION OF BRIAN L. BEATTY, TO BE LIEU- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF ROBERT C. DORMAN, TO BE TENANT COMMANDER. TO THE GRADE OF LIEUTENANT GENERAL IN THE COLONEL. NAVY NOMINATION OF JON C. CANNON, TO BE COM- UNITED STATES MARINE CORPS WHILE ASSIGNED TO A ARMY NOMINATION OF DAVID A. NIEMIEC, TO BE MANDER. POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER MAJOR. FOREIGN SERVICE TITLE 10, U.S.C., SECTION 601: ARMY NOMINATION OF WILLIAM L. VANASSE, TO BE To be lieutenant general MAJOR. FOREIGN SERVICE NOMINATIONS BEGINNING WITH ARMY NOMINATION OF GEORGE A. CARPENTER, TO BE CONNOR CHERER AND ENDING WITH BERNADETTE RE- LT. GEN. JOHN M. PAXTON, JR. MAJOR. GINA ZIELINSKI, WHICH NOMINATIONS WERE RECEIVED

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BY THE SENATE AND APPEARED IN THE CONGRESSIONAL FOREIGN SERVICE NOMINATIONS BEGINNING WITH SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY 21, 2010. LOUIS JOHN FINTOR AND ENDING WITH THOMAS F. RECORD ON NOVEMBER 18, 2010. FOREIGN SERVICE NOMINATIONS BEGINNING WITH GRAY, JR., WHICH NOMINATIONS WERE RECEIVED BY THE ABOVE NOMINATIONS WERE APPROVED SUBJECT HEATHER M. ROGERS AND ENDING WITH STEPHANIE L. THE SENATE AND APPEARED IN THE CONGRESSIONAL TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- WOODARD, WHICH NOMINATIONS WERE RECEIVED BY RECORD ON NOVEMBER 17, 2010. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY THE SENATE AND APPEARED IN THE CONGRESSIONAL FOREIGN SERVICE NOMINATIONS BEGINNING WITH CONSTITUTED COMMITTEE OF THE SENATE. RECORD ON SEPTEMBER 23, 2010. ALAN HALLMAN AND ENDING WITH RICHARD G. SIMP- SON, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- FOREIGN SERVICE NOMINATIONS BEGINNING WITH JO- DEPARTMENT OF JUSTICE ATE AND APPEARED IN THE CONGRESSIONAL RECORD SEPH FARINELLA AND ENDING WITH JOSEPH C. WIL- ON NOVEMBER 17, 2010. RUSSEL EDWIN BURGER, OF OREGON, TO BE UNITED LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE FOREIGN SERVICE NOMINATIONS BEGINNING WITH STATES MARSHAL FOR THE DISTRICT OF OREGON FOR SENATE AND APPEARED IN THE CONGRESSIONAL LLOYD S. HARBERT AND ENDING WITH DARYL A. BREHM, THE TERM OF FOUR YEARS. RECORD ON SEPTEMBER 23, 2010. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CHARLES EDWARD ANDREWS, OF ALABAMA, TO BE FOREIGN SERVICE NOMINATIONS BEGINNING WITH PA- AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- UNITED STATES MARSHAL FOR THE SOUTHERN DIS- TRICIA A. BUTENIS AND ENDING WITH KEITH A. VEMBER 17, 2010. TRICT OF ALABAMA FOR THE TERM OF FOUR YEARS. SWINEHART, WHICH NOMINATIONS WERE RECEIVED BY FOREIGN SERVICE NOMINATIONS BEGINNING WITH CHRISTOPHER R. THYER, OF ARKANSAS, TO BE UNITED THE SENATE AND APPEARED IN THE CONGRESSIONAL JAMES FRANKLIN JEFFREY AND ENDING WITH EARL A. STATES ATTORNEY FOR THE EASTERN DISTRICT OF AR- RECORD ON SEPTEMBER 29, 2010. WAYNE, WHICH NOMINATIONS WERE RECEIVED BY THE KANSAS FOR THE TERM OF FOUR YEARS.

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The House met at 11 a.m. and was comed those who were discharged Mr. WILSON of South Carolina. called to order by the Speaker. under the Don’t Ask, Don’t Tell policy Madam Speaker, I am grateful to wel- f to consider reenlisting. come the addition of a new congres- President Obama said: sional seat to my home State of South PRAYER ‘‘There will never be a full account- Carolina, one of America’s fastest Monsignor Stephen J. Rossetti, ing of the heroism demonstrated by growing States. The Census Bureau an- Catholic University of America, Wash- gay Americans in service to this coun- nounced the State’s population has ington, D.C., offered the following try.’’ He continued, ‘‘As the first gen- grown enough to merit one more Rep- prayer: eration to serve openly in our armed resentative in Congress. Our State has Good and gracious God, as the year services, you will stand for all those been enhanced by transplants from the draws to a close, we reflect upon all who came before you, and you will Midwest and Northeast and from peo- that has taken place. It is easy for us serve as role models for all those who ple across the world due to a mild cli- to thank and praise You for the many come after you.’’ mate and lower tax rates. good things. It is more difficult to see Madam Speaker, today is an impor- After 80 years, it appears we will re- Your hand in the hard times. tant day, not just for gay and lesbian gain a seventh House Member. The peo- Help us to treasure each event, each members of the military, but to all of ple of South Carolina will now have an- moment of our lives. Help us to know us who are gay or lesbian, to our fami- other advocate on their behalf in Wash- that Your all-powerful spirit brings life lies, to our friends, for they all know ington and another electoral vote for and grace out of everything in our that today we hold our heads a little President. Growing our representation lives. higher as Americans. We are closer to on Capitol Hill is a key factor in May we embrace the joys and the sor- equal treatment under the law, which achieving goals for the people of South rows. May we embrace the signs of new is all we’ve ever asked for. Carolina. Our State will have another life and the crosses. Our government will no longer be an voice fighting for conservative prin- As we look forward to a new year, instrument of discrimination against ciples with the new district on the may we look to it with expectation and us, and all America will see and be told Grand Strand with Florence. hope, knowing that You will guide and of the patriotism of the gay and lesbian In conclusion, God bless our troops, direct our lives in everything that Americans who proudly defend a coun- and we will never forget September comes our way. try that today is one step closer to 11th in the global war on terrorism. May we praise and thank You for the considering us equal. Godspeed to Marine Captain Ky Hun- year that is passing and for the year f ter, who has successfully accomplished that is to come. COMMUNICATION FROM THE her service for the people of the Second We pray this in Your holy name. CLERK OF THE HOUSE District of South Carolina, and now will be in the liaison office of the Ma- Amen. The SPEAKER pro tempore (Ms. rine Corps. f EDWARDS of Maryland) laid before the f THE JOURNAL House the following communication from the Clerk of the House of Rep- IKE SKELTON NATIONAL DEFENSE The SPEAKER. The Chair has exam- resentatives: AUTHORIZATION ACT FOR FIS- ined the Journal of the last day’s pro- OFFICE OF THE CLERK, CAL YEAR 2011 ceedings and announces to the House HOUSE OF REPRESENTATIVES, Mr. SKELTON. Madam Speaker, I her approval thereof. Washington, DC, December 22, 2010. ask unanimous consent to take from Pursuant to clause 1, rule I, the Jour- Hon. NANCY PELOSI, nal stands approved. The Speaker, House of Representatives, Wash- the Speaker’s table the bill (H.R. 6523) to authorize appropriations for fiscal f ington, DC. DEAR MADAM SPEAKER: Pursuant to the year 2011 for military activities of the PLEDGE OF ALLEGIANCE permission granted in Clause 2(h) of Rule II Department of Defense, for military of the Rules of the U.S. House of Representa- The SPEAKER. Will the gentleman construction, and for defense activities tives, the Clerk received the following mes- of the Department of Energy, to pre- from Missouri (Mr. SKELTON) come for- sage from the Secretary of the Senate on De- ward and lead the House in the Pledge cember 22, 2010 at 9:41 a.m.: scribe military personnel strengths for of Allegiance. That the Senate passed without amend- such fiscal year, and for other pur- Mr. SKELTON led the Pledge of Alle- ment H.R. 5470. poses, with the Senate amendments giance as follows: That the Senate passed without amend- thereto, and concur in the Senate ment H.R. 4445. I pledge allegiance to the Flag of the amendments. That the Senate passed S. 3903. The Clerk read the title of the bill. United States of America, and to the Repub- That the Senate passed with amendments lic for which it stands, one nation under God, H.R. 6523. The text of the Senate amendments indivisible, with liberty and justice for all. With best wishes, I am is as follows: f Sincerely, Senate amendments: LORRAINE C. MILLER. Strike title XVII and corresponding table REPEAL OF DON’T ASK, DON’T f of contents on page 18. TELL b 1110 The SPEAKER pro tempore. Is there (Mr. POLIS asked and was given per- objection to the request of the gen- mission to address the House for 1 SOUTH CAROLINA GAINS A tleman from Missouri? minute.) CONGRESSIONAL SEAT Ms. BORDALLO. Madam Speaker, re- Mr. POLIS. Madam Speaker, I just (Mr. WILSON of South Carolina serving the right to object, I take this returned from the signing of the repeal asked and was given permission to ad- moment to express great disappoint- of Don’t Ask, Don’t Tell. The President dress the House for 1 minute and to re- ment at the situation the House now spoke wisely and strongly and wel- vise and extend his remarks.) finds itself. It is very unfortunate that

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23572 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 before us is an amended version of the Let me briefly repeat what I said the other Ms. BORDALLO. Madam Speaker, I Ike Skelton National Defense Author- day. This bill is must pass legislation with withdraw my reservation. ization Act for Fiscal Year 2011. many provisions that cannot become law any The SPEAKER pro tempore. Is there Last night, the other body struck other way. This bill stops an increase in health objection to the request of the gen- title XVII of the version of the bill that care fees from hitting the families of military tleman from Missouri? this House passed last Friday, Decem- personnel; authorizes military families to ex- There was no objection. ber 17. Title XVII, Madam Speaker, was tend TRICARE coverage to their dependent A motion to reconsider was laid on the Guam World War II Loyalty Rec- children under age 26; and adopts com- the table. ognition Act, which the House has prehensive legislation fighting sexual assault passed on multiple occasions with in the military. It creates a counter-IED data- f strong bipartisan support. Several Sen- base and enhances the effort to develop new, ators objected to its inclusion in the lightweight body armor. It gives DOD new SAYING GOOD-BYE TO FRIENDS bill. They expressed concerns over its tools and authorities to reduce its energy de- AND COLLEAGUES budgetary impact, and indicated a will- mand while improving military readiness. It (Mr. YARMUTH asked and was given ingness to work toward identifying an bolsters our defense against cyber attacks. It acceptable way to authorize and pay requires independent assessments of the Na- permission to address the House for 1 the claims. tional Nuclear Security Administration mod- minute.) I regret the inability to resolve this ernization plan and of the annual budget re- Mr. YARMUTH. Madam Speaker, I matter at this time, and I am very ap- quest for sustaining a strong deterrent. It rise today to say good-bye to some dear preciative of the strong support from aligns the Navy’s long term shipbuilding plan friends and colleagues. Four years ago, Chairman SKELTON and incoming with the QDR. And, it includes significant ac- we arrived in this body, over 40 of us, chairman of the House Armed Services quisition reform, the Improve Acquisition Act of and we were called the majority mak- Committee Mr. MCKEON of California 2010, which could save as much as $135 bil- ers because we had brought control of for their strong support of this provi- lion over the next 5 years. That is just a sam- the House back to the Democrats. And sion. The unresolved nature of Guam pling of the good work done in this bill. now 18 of us are leaving for other en- war claims has serious implications for I ask the House to support the men and deavors. They have become more than the military build-up on Guam. I ap- women of the armed forces by passing this bill colleagues and Members and great preciate the administration’s strong by unanimous consent, and ensure that the Americans, they have become part of a support for this provision. The admin- National Defense Authorization Act finally be- family. istration recognizes the connection be- comes law. So I salute BARON HILL, PAUL HODES, tween resolving this issue and success- Mr. GENE GREEN of Texas. Madam JOHN HALL, CAROL SHEA-PORTER, PAT- fully implementing the military build- Speaker, H.R. 6523 is a strong bill that is in- RICK MURPHY, RON KLEIN, STEVE up on Guam. tended to provide essential funding for our na- KAGEN, JOE SESTAK, BRAD ELLSWORTH, We will continue our work to bring tion’s troops, including providing our brave CHARLIE WILSON, CHRIS CARNEY, ZACK closure to this matter of justice for the men and women in uniform the tools they SPACE, HARRY MITCHELL, MIKE ARCURI, people of Guam, and to act on the leg- need to succeed in our nation’s missions in PHIL HARE, BILL FOSTER, TRAVIS CHIL- islative recommendations of the Fed- Iraq and Afghanistan. DERS, and CIRO RODRIGUEZ. Although eral Guam War Claims Review Com- Mr. WILSON of South Carolina. Madam their faces will not appear in this body, mission that reported to Congress pur- Speaker, I rise to express my concerns about at least on a frequent basis, the memo- suant to Public Law 107–333. It was not the Senate Amendment to H.R. 6523, the Ike ries and the legacy that they have left for a lack of effort from this body, and Skelton National Defense Authorization Act for will live on forever. we will continue to build on the Fiscal Year 2011. The Senate amendment progress we’ve made. The underlying struck Title XVII of the underlying bill, once f bill is important for our national de- again, denying the people of Guam the prom- fense and for our men and women in ise of closure and justice on the matter of THE RUMP CONGRESS uniform and their families, and there- Guam War Claims. (Mr. MCCLINTOCK asked and was fore this body is left no other choice The text of Title XVII was a compromise given permission to address the House but than to concur with the Senate that eliminated payments to descendents of for 1 minute.) amendments at this time. survivors of the brutal occupation that were Again, I want to thank everyone who subjected to personal injury. I support that Mr. MCCLINTOCK. Madam Speaker, has assisted me, both the leaders and compromise; in fact, I am an original co-spon- this lame duck session is rapidly de- to the multiple staff members who sor of H.R. 44, the Guam World War II Loyalty scending into farce. I believe the House have helped us through this process. Recognition Act. It is important that we bring is now in danger of becoming a carica- Mr. SKELTON. Madam Speaker, I’ll keep closure to this long standing injustice for the ture of everything the American people my remarks brief as this is the third time that people of Guam. It is even more important rejected in November: incompetence, the House will debate and vote on the Na- given that the realignment of Marines from arrogance, and a complete detachment tional Defense Authorization Act for Fiscal Okinawa to Guam will begin in earnest over from reality. Year 2011. They say that the third time is the the coming year. Nearly 2 months ago, the American charm. Let it be so this morning. I have travelled to Guam on a number of people said very clearly they don’t I return to the floor with this bill because the occasions and have been so impressed by the want this Congress legislating for them Senate found it necessary to delete a portion patriotism of the people led by Governor Felix any longer. And instead of graciously of the House-passed bill in order to achieve Camacho and First Lady Joann Camacho, and and humbly accepting the public’s ver- the consensus needed to move the bill to final I recognize the importance of this legislation to dict, the Democratic leaders seem in- passage. The Senate amendment removes the Chamorro people. I look forward to work- tent to thumb their nose at the Amer- from the House bill Title 17, which dealt with ing with Congresswoman MADELEINE ican people. Guam War Claims. I am deeply disappointed BORDALLO and Incoming Chairman Congress- Perhaps the most bitter indictment in the Senate’s decision to remove this impor- man BUCK MCKEON, incoming Chairman of the of a malingering legislative body was tant legislation, which I strongly support and House Armed Services Committee, to address delivered by Cromwell to the Rump which has been so ably advocated by the del- this matter in next year’s defense authorization Parliament. His words seem appro- egate from Guam. However, here we are and bill. It is time to finally bring closure to this priate now to this rump Congress: we are out of time to engage with a back and long standing matter for the people of Guam ‘‘You have sat here too long for any forth with the Senate. We must move this bill which is so strategic for our nation’s defense good you have been doing. It is not fit to the President’s desk or watch it die. That is and where America’s day begins. I appreciate that you should sit here any longer. why I ask for unanimous consent for the the tireless efforts of Congresswoman MAD- You shall now give way to better men. House to concur to the Senate amendment to ELEINE BORDALLO’s service for the people of Now depart and go, I say, in the name H.R. 6523. Guam. of God, go.’’

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23573 CELEBRATING THE 111TH guess. It’s the tradition of working Congress has succeeded in moving the CONGRESS hard every day in practice and going American people’s agenda forward. We (Mr. COHEN asked and was given per- hard, because that’s how you get here.’’ have already created millions of jobs mission to address the House for 1 Congratulations to the team, the and spurred 11 months of private-sector minute.) coach, and the school for this out- job growth. Mr. COHEN. Madam Speaker, today standing record. But this recession cannot be cor- rected overnight. Next year, we must does end the 111th Congress, which f Norm Ornstein, one of the most re- all focus on building the next genera- PASS THE 9/11 FIRST RESPONDERS tion of workers, increasing access to spected historians and observers of BILL quality education, remaining competi- public events, said was the most his- tive in the global marketplace and re- toric and productive Congress since (Mr. PAYNE asked and was given ducing the deficit. Together, we must 1965. permission to address the House for 1 all continue moving our country for- I am proud to have been a Member of minute and to revise and extend his re- ward. I look forward to working with this 111th Congress that gave us health marks.) my colleagues on both sides of the aisle Mr. PAYNE. This is my country! care, which this country yearned for in the next Congress. for over 100 years; that saved us from Land of my birth! Thank you, God bless, happy holi- the precipice of economic decline with This is my country! Grandest on days, and happy new year. the stimulus act that has done much Earth! f good for this country and saved us I pledge thee my allegiance, America, from a great depression; that gave us the bold, MOST ASTUTE, CONSCIENTIOUS the Lilly Ledbetter law for women who For this is my country to have and to CONGRESS IN THE HISTORY OF were discriminated against in the hold. THE NATION workplace; that gave us Don’t Ask, This is my country! Land of my (Ms. JACKSON LEE of Texas asked Don’t Tell; that also gave us credit choice! and was given permission to address card reform, student loan reform, addi- This is my country! Hear my proud the House for 1 minute.) tional Pell Grants, tobacco regula- voice! Ms. JACKSON LEE of Texas. Madam tions, and food safety legislation. I pledge thee my allegiance, America, Speaker, my colleagues are absolutely This 111th Congress did more than the bold, right. This has been the most astute any Congress since Lyndon Johnson’s For this is my country to have and to and conscientious Congress in the his- in 1965 to 1966, and did it under the ef- hold. tory of our Nation, the 111th Congress, fective, passionate, honest, and re- As a youngster in elementary school, led by the very astute and courageous markable leadership of the most his- I sang this song proudly many times. NANCY PELOSI, the historic first woman toric Speaker in the House of Rep- And nearly a decade ago, 9/11 respond- Speaker. I thank her and the leader- resentatives’ history, the Honorable ers embodied the American spirit pro- ship. NANCY PELOSI, who I am proud to have claimed in this song when they dropped Thank you for health care and Wall voted for and served with. everything to help this country. These Street reform. Thank you for the re- form of the GI Bill, to provide more op- f Americans paid the ultimate sacrifice and risked their health and lives when portunity. And, as well, thank you for CONGRATULATING LADY NITTANY our country was attacked. Unfortu- moving and pushing compassionately LIONS VOLLEYBALL TEAM nately, many have developed health the repeal of Don’t Ask, Don’t Tell. (Mr. THOMPSON of Pennsylvania issues as a result of their service. The White House ceremony today was asked and was given permission to ad- But my Republican colleagues be- powerful. Thank you again for recognizing that dress the House for 1 minute and to re- lieve that this treatment is too costly. the 9/11 heroes health bill must be vise and extend his remarks.) The 9/11 Health and Compensation Act taken care of. I ask the other body to Mr. THOMPSON of Pennsylvania. would provide monitoring and special- act now and do not go home without Madam Speaker, the Lady Nittany ized treatment for those responders Lions volleyball team went to Kansas doing so. But yet the omnibus bill that who were exposed to toxins during 9/11 will help so many millions of Ameri- City on Saturday, December 18, and and this bill is completely paid for. No brought home a terrific and unprece- cans with resources directed to them responders questioned whether they has been imploded, and I call upon the dented Christmas present to their should go in. school, Penn State University. They Senate, I call upon this House when we Those American flag-wearing lapel return, to be able to return America’s won their fourth straight NCAA Divi- Senators should vote for the 9/11 resources back to them. We negotiated sion I championship. Health and Compensation Act. While the team was undefeated in that omnibus. It is time to make sure that those veterans and those who need their previous two seasons, they were f PTSD recovery and those who need 32–5 going into the championship this 1120 b health care are provided for through year, and the California Golden Bears CONTINUING RECORD OF this omnibus bill. went into the match with a 30–4 season. SUCCESSFUL JOB CREATION Happy holiday, Merry Christmas and The two teams have dominated the Happy New Year. championships, meeting for 4 consecu- (Mr. CARSON of Indiana asked and tive years in the regionals, semis or was given permission to address the f finals. House for 1 minute.) PASS THE 9/11 HEALTH BENEFITS This was Coach Russ Rose’s fifth Mr. CARSON of Indiana. Madam BILL championship, and the ladies cele- Speaker, I rise to express my hope that (Mr. HIMES asked and was given per- brated by giving their coach a ring for the 112th Congress will continue this mission to address the House for 1 his thumb. He is the first coach in Congress’ record of successful job cre- minute.) NCAA Division I women’s volleyball ation. Mr. HIMES. Madam Speaker, what history to win five national titles. We have taken the necessary steps does the Congress owe the American The most outstanding player was during this, the most productive Con- people? I think it owes a young man or Deja McClendon. Blair Brown summed gress in years, to pass a long list of im- a young woman who will put on the up the feelings of the team in this portant legislation. From middle class uniform of this Nation and agree to quote: tax relief to the small business jobs ini- sacrifice his or her life the right to ‘‘We’re thrilled to have four national tiatives, to teacher and health care serve. The Republicans, all but a hand- championships, but the legacy we want jobs, to programs helping to keep ful of courageous Republicans, dis- to leave is the program’s history, I Americans in their homes, the 111th agree.

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23574 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 I think that it owes a child who was declares the House in recess subject to the Rules of the U.S. House of Representa- brought here by their parents from a the call of the Chair. tives, the Clerk received the following mes- country they don’t know, who speaks a Accordingly (at 11 o’clock and 25 sage from the Secretary of the Senate on De- cember 22, 2010 at 3:11 p.m.: language they don’t speak, the oppor- minutes a.m.), the House stood in re- That the Senate passed with an amend- tunity to serve, to get a degree, to ulti- cess subject to the call of the Chair. ment H.R. 847. mately become an American. The Re- f With best wishes, I am publicans disagree. Sincerely, But I know, Madam Speaker, that we b 1550 LORRAINE C. MILLER. owe those brave responders who went AFTER RECESS f to the site of 9/11 and risked their The recess having expired, the House CONDITIONAL ADJOURNMENT TO health and risked their lives to serve was called to order by the Speaker pro FRIDAY, DECEMBER 24, 2010 others in this Nation’s moment of pain, tempore (Ms. EDWARDS of Maryland) at we owe them health care. The Repub- Mr. ARCURI. Madam Speaker, I ask 3 o’clock and 50 minutes p.m. lican Party disagrees. And it is to the unanimous consent that when the shame of this institution and it will be f House adjourns today on a motion of- fered pursuant to this order, it adjourn to the eternal shame of the Republican COMMUNICATION FROM THE to meet at 11 a.m. on Friday, December Party if they do not allow us, after CLERK OF THE HOUSE helping the banks, after helping the 24, 2010, unless it sooner has received a The SPEAKER pro tempore laid be- auto companies, after helping Ameri- message from the Senate transmitting fore the House the following commu- cans, if they do not allow us to help the its concurrence in House Concurrent nication from the Clerk of the House of volunteers of 9/11. Resolution 336, in which case the House Representatives: shall stand adjourned sine die pursuant f OFFICE OF THE CLERK, to that concurrent resolution. A VERY PRODUCTIVE CONGRESS HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore. Is there Washington, DC, December 22, 2010. (Mr. PALLONE asked and was given objection to the request of the gen- Hon. NANCY PELOSI, permission to address the House for 1 tleman from New York? The Speaker, U.S. Capitol, There was no objection. minute.) House of Representatives, Washington, DC. Mr. PALLONE. Madam Speaker, I DEAR MADAM SPEAKER: Pursuant to the f don’t think there is any doubt that this permission granted in Clause 2(h) of rule II of JAMES ZADROGA 9/11 HEALTH AND has been one of the most productive the Rules of the U.S. House of Representa- COMPENSATION ACT OF 2010 tives, the Clerk received the following mes- Congresses in American history, but I Mr. ARCURI. Madam Speaker, I ask also want to talk about the lame duck sage from the Secretary of the Senate on De- cember 22, 2010 at 11:30 a.m.: unanimous consent that it be in order session and how productive that has That the Senate passed S. 4053. at any time to take from the Speaker’s been as well. With best wishes, I am table the bill H.R. 847, with the Senate In this lame duck session, we have Sincerely, amendment thereto, and to consider in had one of the largest major tax cuts LORRAINE C. MILLER. the House, without intervention of any to help the average person, to help the f point of order except those arising middle class, in the history of the Re- under clause 10 of rule XXI, a motion public. Child tax credits, payroll tax COMMUNICATION FROM THE CLERK OF THE HOUSE offered by the chair of the Committee reduction, education tax benefits, the on Energy and Commerce or his des- list goes on. The SPEAKER pro tempore laid be- ignee that the House concur in the In addition to that, we did the ‘‘doc fore the House the following commu- Senate amendment; that the Senate fix’’ for Medicare for another year. We nication from the Clerk of the House of amendment be considered as read; that also repealed Don’t Ask, Don’t Tell. Fi- Representatives: the motion be debatable for 30 minutes nally, yesterday, we did the food safety OFFICE OF THE CLERK, equally divided and controlled by the bill, one of the most comprehensive HOUSE OF REPRESENTATIVES, chair and ranking minority member of bills that we could possibly pass. Washington, DC, December 22, 2010. the Committee on Energy and Com- Hon. NANCY PELOSI, So there is no question that this has merce; and that the previous question been a productive Congress, and this The Speaker, U.S. Capitol, House of Representatives, Washington, DC. be considered as ordered on the motion has been a very productive lame duck to final adoption without intervening Congress. I am also hopeful that today DEAR MADAM SPEAKER: Pursuant to the permission granted in Clause 2(h) of rule II of motion. in the Senate and here in the House we the Rules of the U.S. House of Representa- The SPEAKER pro tempore. Is there will also pass the 9/11 health bill for tives, the Clerk received the following mes- objection to the request of the gen- first responders, and that will com- sage from the Secretary of the Senate on De- tleman from New York? plete, again, one of the most produc- cember 22, 2010 at 2:17 p.m.: There was no objection. tive lame duck sessions and productive That the Senate passed without amend- Mr. PALLONE. Madam Speaker, pur- Congresses in American history. ment H.R. 6398. suant to the order of the House of With best wishes, I am f Sincerely, today, I call up the bill (H.R. 847) to GENERAL LEAVE LORRAINE C. MILLER. amend the Public Health Service Act to extend and improve protections and f Mr. HIMES. Madam Speaker, I ask services to individuals directly im- unanimous consent that all Members COMMUNICATION FROM THE pacted by the terrorist attack in New may have 5 legislative days in which to CLERK OF THE HOUSE York City on September 11, 2001, and revise and extend their remarks and in- The SPEAKER pro tempore laid be- for other purposes, with the Senate sert extraneous material on the Senate fore the House the following commu- amendment thereto, and I have a mo- amendments to H.R. 6523. nication from the Clerk of the House of tion at the desk. The SPEAKER pro tempore. Is there Representatives: The Clerk read the title of the bill. objection to the request of the gen- The SPEAKER pro tempore. The OFFICE OF THE CLERK, tleman from Connecticut? Clerk will designate the Senate amend- There was no objection. HOUSE OF REPRESENTATIVES, Washington, DC, December 22, 2010. ment. f Hon. NANCY PELOSI, The text of the Senate amendment is RECESS The Speaker, U.S. Capitol, as follows: House of Representatives, Washington, DC. Senate amendment: The SPEAKER pro tempore. Pursu- DEAR MADAM SPEAKER: Pursuant to the Strike all after the enacting clause and in- ant to clause 12(a) of rule I, the Chair permission granted in clause 2(h) of rule II of sert the following:

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23575 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. TITLE I—WORLD TRADE CENTER HEALTH tect fraudulent or duplicate billing and payment (a) SHORT TITLE.—This Act may be cited as PROGRAM for inappropriate services. This title is a Federal the ‘‘James Zadroga 9/11 Health and Compensa- SEC. 101. WORLD TRADE CENTER HEALTH PRO- health care program (as defined in section tion Act of 2010’’. GRAM. 1128B(f) of the Social Security Act) and is a (b) TABLE OF CONTENTS.—The table of con- The Public Health Service Act is amended by health plan (as defined in section 1128C(c) of tents of this Act is as follows: adding at the end the following new title: such Act) for purposes of applying sections 1128 through 1128E of such Act. Sec. 1. Short title; table of contents. ‘‘TITLE XXXIII—WORLD TRADE CENTER ‘‘(2) UNREASONABLE ADMINISTRATIVE COSTS.— TITLE I—WORLD TRADE CENTER HEALTH HEALTH PROGRAM PROGRAM The Inspector General of the Department of ‘‘Subtitle A—Establishment of Program; Health and Human Services shall develop and Sec. 101. World Trade Center Health Program. Advisory Committee implement a program to review the WTC Pro- ‘‘TITLE XXXIII—WORLD TRADE CENTER ‘‘SEC. 3301. ESTABLISHMENT OF WORLD TRADE gram for unreasonable administrative costs, in- HEALTH PROGRAM CENTER HEALTH PROGRAM. cluding with respect to infrastructure, adminis- ‘‘Subtitle A—Establishment of Program; ‘‘(a) IN GENERAL.—There is hereby established tration, and claims processing. Advisory Committee within the Department of Health and Human ‘‘(e) QUALITY ASSURANCE.—The WTC Program ‘‘Sec. 3301. Establishment of World Trade Services a program to be known as the World Administrator working with the Clinical Centers Center Health Program. Trade Center Health Program, which shall be of Excellence shall develop and implement a ‘‘Sec. 3302. WTC Health Program Scientific/ administered by the WTC Program Adminis- quality assurance program for the monitoring Technical Advisory Committee; trator, to provide beginning on July 1, 2011— and treatment delivered by such Centers of Ex- WTC Health Program Steering ‘‘(1) medical monitoring and treatment bene- cellence and any other participating health care Committees. fits to eligible emergency responders and recov- providers. Such program shall include— ‘‘Sec. 3303. Education and outreach. ery and cleanup workers (including those who ‘‘(1) adherence to monitoring and treatment ‘‘Sec. 3304. Uniform data collection and are Federal employees) who responded to the protocols; analysis. September 11, 2001, terrorist attacks; and ‘‘(2) appropriate diagnostic and treatment re- ‘‘Sec. 3305. Clinical Centers of Excellence ‘‘(2) initial health evaluation, monitoring, and ferrals for participants; and Data Centers. treatment benefits to residents and other build- ‘‘(3) prompt communication of test results to ‘‘Sec. 3306. Definitions. ing occupants and area workers in New York participants; and ‘‘Subtitle B—Program of Monitoring, Initial City who were directly impacted and adversely ‘‘(4) such other elements as the Administrator Health Evaluations, and Treatment affected by such attacks. specifies in consultation with the Clinical Cen- ‘‘(b) COMPONENTS OF PROGRAM.—The WTC ters of Excellence. ESPONDERS ‘‘PART 1—WTC R Program includes the following components: ‘‘(f) ANNUAL PROGRAM REPORT.— ‘‘Sec. 3311. Identification of WTC respond- ‘‘(1) MEDICAL MONITORING FOR RESPONDERS.— ‘‘(1) IN GENERAL.—Not later than 6 months ers and provision of WTC-related Medical monitoring under section 3311, includ- after the end of each fiscal year in which the monitoring services. ing clinical examinations and long-term health WTC Program is in operation, the WTC Program ‘‘Sec. 3312. Treatment of enrolled WTC re- monitoring and analysis for enrolled WTC re- Administrator shall submit an annual report to sponders for WTC-related health sponders who were likely to have been exposed the Congress on the operations of this title for conditions. to airborne toxins that were released, or to other such fiscal year and for the entire period of op- ‘‘Sec. 3313. National arrangement for bene- hazards, as a result of the September 11, 2001, eration of the program. fits for eligible individuals outside terrorist attacks. ‘‘(2) CONTENTS INCLUDED IN REPORT.—Each New York. ‘‘(2) INITIAL HEALTH EVALUATION FOR SUR- annual report under paragraph (1) shall include ‘‘PART 2—WTC SURVIVORS VIVORS.—An initial health evaluation under sec- at least the following: ‘‘Sec. 3321. Identification and initial health tion 3321, including an evaluation to determine ‘‘(A) ELIGIBLE INDIVIDUALS.—Information for evaluation of screening-eligible eligibility for followup monitoring and treat- each clinical program described in paragraph and certified-eligible WTC sur- ment. (3)— vivors. ‘‘(3) FOLLOWUP MONITORING AND TREATMENT ‘‘(i) on the number of individuals who applied ‘‘Sec. 3322. Followup monitoring and treat- FOR WTC-RELATED HEALTH CONDITIONS FOR RE- for certification under subtitle B and the num- ment of certified-eligible WTC sur- SPONDERS AND SURVIVORS.—Provision under sec- ber of such individuals who were so certified; vivors for WTC-related health tions 3312, 3322, and 3323 of followup monitoring ‘‘(ii) of the individuals who were certified, on conditions. and treatment and payment, subject to the pro- the number who received monitoring under the ‘‘Sec. 3323. Followup monitoring and treat- visions of subsection (d), for all medically nec- program and the number of such individuals ment of other individuals with essary health and mental health care expenses who received medical treatment under the pro- WTC-related health conditions. of an individual with respect to a WTC-related gram; health condition (including necessary prescrip- ‘‘(iii) with respect to individuals so certified ‘‘PART 3—PAYOR PROVISIONS tion drugs). who received such treatment, on the WTC-re- ‘‘Sec. 3331. Payment of claims. ‘‘(4) OUTREACH.—Establishment under section lated health conditions for which they were ‘‘Sec. 3332. Administrative arrangement au- 3303 of an education and outreach program to treated; and thority. potentially eligible individuals concerning the ‘‘(iv) on the projected number of individuals ‘‘Subtitle C—Research Into Conditions benefits under this title. who will be certified under subtitle B in the suc- ‘‘Sec. 3341. Research regarding certain ‘‘(5) CLINICAL DATA COLLECTION AND ANAL- ceeding fiscal year and the succeeding 10-year health conditions related to Sep- YSIS.—Collection and analysis under section period. tember 11 terrorist attacks. 3304 of health and mental health data relating ‘‘(B) MONITORING, INITIAL HEALTH EVALUA- ‘‘Sec. 3342. World Trade Center Health Reg- to individuals receiving monitoring or treatment TION, AND TREATMENT COSTS.—For each clinical istry. benefits in a uniform manner in collaboration program so described— ‘‘Subtitle D—Funding with the collection of epidemiological data ‘‘(i) information on the costs of monitoring under section 3342. and initial health evaluation and the costs of ‘‘Sec. 3351. World Trade Center Health Pro- ‘‘(6) RESEARCH ON HEALTH CONDITIONS.—Es- treatment and on the estimated costs of such gram Fund. tablishment under subtitle C of a research pro- monitoring, evaluation, and treatment in the TITLE II—SEPTEMBER 11TH VICTIM gram on health conditions resulting from the succeeding fiscal year; and COMPENSATION FUND OF 2001 September 11, 2001, terrorist attacks. ‘‘(ii) an estimate of the cost of medical treat- Sec. 201. Definitions. ‘‘(c) NO COST SHARING.—Monitoring and ment for WTC-related health conditions that Sec. 202. Extended and expanded eligibility for treatment benefits and initial health evaluation have been paid for or reimbursed by workers’ compensation. benefits are provided under subtitle B without compensation, by public or private health plans, Sec. 203. Requirement to update regulations. any deductibles, copayments, or other cost shar- or by New York City under section 3331. Sec. 204. Limited liability for certain claims. ing to an enrolled WTC responder or certified-el- ‘‘(C) ADMINISTRATIVE COSTS.—Information on Sec. 205. Funding; attorney fees. igible WTC survivor. Initial health evaluation the cost of administering the program, including TITLE III—REVENUE RELATED benefits are provided under subtitle B without costs of program support, data collection and PROVISIONS any deductibles, copayments, or other cost shar- analysis, and research conducted under the pro- ing to a screening-eligible WTC survivor. gram. Sec. 301. Excise tax on foreign procurement. ‘‘(d) PREVENTING FRAUD AND UNREASONABLE ‘‘(D) ADMINISTRATIVE EXPERIENCE.—Informa- Sec. 302. Renewal of fees for visa-dependent ADMINISTRATIVE COSTS.— tion on the administrative performance of the employers. ‘‘(1) FRAUD.—The Inspector General of the program, including— TITLE IV—BUDGETARY EFFECTS Department of Health and Human Services shall ‘‘(i) the performance of the program in pro- Sec. 401. Compliance with Statutory Pay-As- develop and implement a program to review the viding timely evaluation of and treatment to eli- You-Go Act of 2010. WTC Program’s health care expenditures to de- gible individuals; and

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0688 Sfmt 6333 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23576 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 ‘‘(ii) a list of the Clinical Centers of Excel- ommendations of the Advisory Committee on the ‘‘SEC. 3303. EDUCATION AND OUTREACH. lence and other providers that are participating public Web site established for the WTC Pro- ‘‘The WTC Program Administrator shall insti- in the program. gram. tute a program that provides education and out- ‘‘(E) SCIENTIFIC REPORTS.—A summary of the ‘‘(5) DURATION.—Notwithstanding any other reach on the existence and availability of serv- findings of any new scientific reports or studies provision of law, the Advisory Committee shall ices under the WTC Program. The outreach and on the health effects associated with exposure continue in operation during the period in education program— described in section 3306(1), including the find- which the WTC Program is in operation. ‘‘(1) shall include— ings of research conducted under section ‘‘(6) APPLICATION OF FACA.—Except as other- ‘‘(A) the establishment of a public Web site 3341(a). wise specifically provided, the Advisory Com- with information about the WTC Program; ‘‘(F) ADVISORY COMMITTEE RECOMMENDA- mittee shall be subject to the Federal Advisory ‘‘(B) meetings with potentially eligible popu- TIONS.—A list of recommendations by the WTC Committee Act. lations; Scientific/Technical Advisory Committee on ad- ‘‘(b) WTC HEALTH PROGRAM STEERING COM- ‘‘(C) development and dissemination of out- ditional WTC Program eligibility criteria and on MITTEES.— reach materials informing people about the pro- additional WTC-related health conditions and ‘‘(1) CONSULTATION.—The WTC Program Ad- gram; and the action of the WTC Program Administrator ministrator shall consult with 2 steering commit- ‘‘(D) the establishment of phone information concerning each such recommendation. tees (each in this section referred to as a ‘Steer- services; and ‘‘(3) SEPARATE CLINICAL PROGRAMS DE- ing Committee’) that are established as follows: ‘‘(2) shall be conducted in a manner in- SCRIBED.—In paragraph (2), each of the fol- ‘‘(A) WTC RESPONDERS STEERING COM- tended— lowing shall be treated as a separate clinical MITTEE.—One Steering Committee, to be known ‘‘(A) to reach all affected populations; and program of the WTC Program: as the WTC Responders Steering Committee, for ‘‘(B) to include materials for culturally and ‘‘(A) FIREFIGHTERS AND RELATED PER- the purpose of receiving input from affected linguistically diverse populations. SONNEL.—The benefits provided for enrolled stakeholders and facilitating the coordination of monitoring and treatment programs for the en- ‘‘SEC. 3304. UNIFORM DATA COLLECTION AND WTC responders described in section ANALYSIS. rolled WTC responders under part 1 of subtitle 3311(a)(2)(A). ‘‘(a) IN GENERAL.—The WTC Program Admin- B. ‘‘(B) OTHER WTC RESPONDERS.—The benefits istrator shall provide for the uniform collection provided for enrolled WTC responders not de- ‘‘(B) WTC SURVIVORS STEERING COMMITTEE.— One Steering Committee, to be known as the of data, including claims data (and analysis of scribed in subparagraph (A). data and regular reports to the Administrator) ‘‘(C) WTC SURVIVORS.—The benefits provided WTC Survivors Steering Committee, for the pur- on the prevalence of WTC-related health condi- for screening-eligible WTC survivors and cer- pose of receiving input from affected stake- tions and the identification of new WTC-related tified-eligible WTC survivors in section 3321(a). holders and facilitating the coordination of ini- health conditions. Such data shall be collected ‘‘(g) NOTIFICATION TO CONGRESS UPON REACH- tial health evaluations, monitoring, and treat- for all individuals provided monitoring or treat- ING 80 PERCENT OF ELIGIBILITY NUMERICAL LIM- ment programs for screening-eligible and cer- ment benefits under subtitle B and regardless of ITS.—The Secretary shall promptly notify the tified-eligible WTC survivors under part 2 of their place of residence or Clinical Center of Ex- Congress of each of the following: subtitle B. ‘‘(1) When the number of enrollments of WTC ‘‘(2) MEMBERSHIP.— cellence through which the benefits are pro- responders subject to the limit established under ‘‘(A) WTC RESPONDERS STEERING COM- vided. The WTC Program Administrator shall section 3311(a)(4) has reached 80 percent of such MITTEE.— provide, through the Data Centers or otherwise, limit. ‘‘(i) REPRESENTATION.—The WTC Responders for the integration of such data into the moni- ‘‘(2) When the number of certifications for cer- Steering Committee shall include— toring and treatment program activities under tified-eligible WTC survivors subject to the limit ‘‘(I) representatives of the Centers of Excel- this title. established under section 3321(a)(3) has reached lence providing services to WTC responders; ‘‘(b) COORDINATING THROUGH CENTERS OF EX- 80 percent of such limit. ‘‘(II) representatives of labor organizations CELLENCE.—Each Clinical Center of Excellence ‘‘(h) CONSULTATION.—The WTC Program Ad- representing firefighters, police, other New York shall collect data described in subsection (a) and ministrator shall engage in ongoing outreach City employees, and recovery and cleanup work- report such data to the corresponding Data Cen- and consultation with relevant stakeholders, in- ers who responded to the September 11, 2001, ter- ter for analysis by such Data Center. cluding the WTC Health Program Steering Com- rorist attacks; and ‘‘(c) COLLABORATION WITH WTC HEALTH REG- mittees and the Advisory Committee under sec- ‘‘(III) 3 representatives of New York City, 1 of ISTRY.—The WTC Program Administrator shall tion 3302, regarding the implementation and im- whom will be selected by the police commissioner provide for collaboration between the Data Cen- provement of programs under this title. of New York City, 1 by the health commissioner ters and the World Trade Center Health Reg- of New York City, and 1 by the mayor of New ‘‘SEC. 3302. WTC HEALTH PROGRAM SCIENTIFIC/ istry described in section 3342. TECHNICAL ADVISORY COMMITTEE; York City. ‘‘(d) PRIVACY.—The data collection and anal- WTC HEALTH PROGRAM STEERING ‘‘(ii) INITIAL MEMBERSHIP.—The WTC Re- ysis under this section shall be conducted and COMMITTEES. sponders Steering Committee shall initially be maintained in a manner that protects the con- ‘‘(a) ADVISORY COMMITTEE.— composed of members of the WTC Monitoring fidentiality of individually identifiable health ‘‘(1) ESTABLISHMENT.—The WTC Program Ad- and Treatment Program Steering Committee (as information consistent with applicable statutes ministrator shall establish an advisory com- in existence on the day before the date of the and regulations, including, as applicable, mittee to be known as the WTC Health Program enactment of this title). HIPAA privacy and security law (as defined in Scientific/Technical Advisory Committee (in this ‘‘(B) WTC SURVIVORS STEERING COMMITTEE.— section 3009(a)(2)) and section 552a of title 5, subsection referred to as the ‘Advisory Com- ‘‘(i) REPRESENTATION.—The WTC Survivors United States Code. Steering Committee shall include representatives mittee’) to review scientific and medical evidence ‘‘SEC. 3305. CLINICAL CENTERS OF EXCELLENCE and to make recommendations to the Adminis- of— AND DATA CENTERS. ‘‘(I) the Centers of Excellence providing serv- trator on additional WTC Program eligibility ‘‘(a) IN GENERAL.— ices to screening-eligible and certified-eligible criteria and on additional WTC-related health ‘‘(1) CONTRACTS WITH CLINICAL CENTERS OF conditions. WTC survivors; ‘‘(II) the population of residents, students, EXCELLENCE.—The WTC Program Administrator ‘‘(2) COMPOSITION.—The WTC Program Ad- and area and other workers affected by the Sep- shall, subject to subsection (b)(1)(B), enter into ministrator shall appoint the members of the Ad- contracts with Clinical Centers of Excellence (as visory Committee and shall include at least— tember 11, 2001, terrorist attacks; ‘‘(III) screening-eligible and certified-eligible defined in subsection (b)(1)(A))— ‘‘(A) 4 occupational physicians, at least 2 of ‘‘(A) for the provision of monitoring and whom have experience treating WTC rescue and survivors receiving initial health evaluations, monitoring, or treatment under part 2 of subtitle treatment benefits and initial health evaluation recovery workers; benefits under subtitle B; ‘‘(B) 1 physician with expertise in pulmonary B and organizations advocating on their behalf; and ‘‘(B) for the provision of outreach activities to medicine; individuals eligible for such monitoring and ‘‘(C) 2 environmental medicine or environ- ‘‘(IV) New York City. ‘‘(ii) INITIAL MEMBERSHIP.—The WTC Sur- treatment benefits, for initial health evaluation mental health specialists; benefits, and for followup to individuals who ‘‘(D) 2 representatives of WTC responders; vivors Steering Committee shall initially be com- ‘‘(E) 2 representatives of certified-eligible WTC posed of members of the WTC Environmental are enrolled in the monitoring program; ‘‘(C) for the provision of counseling for bene- survivors; Health Center Survivor Advisory Committee (as ‘‘(F) an industrial hygienist; in existence on the day before the date of the fits under subtitle B, with respect to WTC-re- ‘‘(G) a toxicologist; enactment of this title). lated health conditions, for individuals eligible ‘‘(H) an epidemiologist; and ‘‘(C) ADDITIONAL APPOINTMENTS.—Each Steer- for such benefits; ‘‘(I) a mental health professional. ing Committee may recommend, if approved by a ‘‘(D) for the provision of counseling for bene- ‘‘(3) MEETINGS.—The Advisory Committee majority of voting members of the Committee, fits for WTC-related health conditions that may shall meet at such frequency as may be required additional members to the Committee. be available under workers’ compensation or to carry out its duties. ‘‘(D) VACANCIES.—A vacancy in a Steering other benefit programs for work-related injuries ‘‘(4) REPORTS.—The WTC Program Adminis- Committee shall be filled by an individual rec- or illnesses, health insurance, disability insur- trator shall provide for publication of rec- ommended by the Steering Committee. ance, or other insurance plans or through public

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0688 Sfmt 6333 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23577 or private social service agencies and assisting ‘‘(i) uses an integrated, centralized health a Data Center shall be treated as ‘cor- eligible individuals in applying for such bene- care provider approach to create a comprehen- responding’ to the extent that such Clinical fits; sive suite of health services under this title that Center and Data Center serve the same popu- ‘‘(E) for the provision of translational and in- are accessible to enrolled WTC responders, lation group. terpretive services for program participants who screening-eligible WTC survivors, or certified-el- ‘‘(c) PAYMENT FOR INFRASTRUCTURE COSTS.— are not English language proficient; and igible WTC survivors; ‘‘(1) IN GENERAL.—The WTC Program Admin- ‘‘(F) for the collection and reporting of data, ‘‘(ii) has experience in caring for WTC re- istrator shall reimburse a Clinical Center of Ex- including claims data, in accordance with sec- sponders and screening-eligible WTC survivors cellence for the fixed infrastructure costs of tion 3304. or includes health care providers who have been such Center in carrying out the activities de- ‘‘(2) CONTRACTS WITH DATA CENTERS.— trained pursuant to section 3313(c); scribed in subtitle B at a rate negotiated by the ‘‘(A) IN GENERAL.—The WTC Program Admin- ‘‘(iii) employs health care provider staff with Administrator and such Centers. Such nego- istrator shall enter into contracts with one or expertise that includes, at a minimum, occupa- tiated rate shall be fair and appropriate and more Data Centers (as defined in subsection tional medicine, environmental medicine, trau- take into account the number of enrolled WTC (b)(2))— ma-related psychiatry and psychology, and so- responders receiving services from such Center ‘‘(i) for receiving, analyzing, and reporting to cial services counseling; and under this title. ‘‘(2) FIXED INFRASTRUCTURE COSTS.—For pur- the WTC Program Administrator on data, in ac- ‘‘(iv) meets such other requirements as speci- poses of paragraph (1), the term ‘fixed infra- cordance with section 3304, that have been col- fied by the Administrator. structure costs’ means, with respect to a Clinical lected and reported to such Data Centers by the ‘‘(B) CONTRACT REQUIREMENTS.—The WTC Center of Excellence, the costs incurred by such corresponding Clinical Centers of Excellence Program Administrator shall not enter into a Center that are not otherwise reimbursable by under subsection (b)(1)(B)(iii); contract with a Clinical Center of Excellence the WTC Program Administrator under section ‘‘(ii) for the development of monitoring, initial under subsection (a)(1) unless the Center agrees 3312(c) for patient evaluation, monitoring, or health evaluation, and treatment protocols, to do each of the following: treatment but which are needed to operate the with respect to WTC-related health conditions; ‘‘(i) Establish a formal mechanism for con- WTC program such as the costs involved in out- ‘‘(iii) for coordinating the outreach activities sulting with and receiving input from represent- conducted under paragraph (1)(B) by each cor- reach to participants or recruiting participants, atives of eligible populations receiving moni- data collection and analysis, social services for responding Clinical Center of Excellence; toring and treatment benefits under subtitle B ‘‘(iv) for establishing criteria for the counseling patients on other available assist- from such Center. credentialing of medical providers participating ance outside the WTC program, and the devel- ‘‘(ii) Coordinate monitoring and treatment in the nationwide network under section 3313; opment of treatment protocols. Such term does benefits under subtitle B with routine medical ‘‘(v) for coordinating and administering the not include costs for new construction or other care provided for the treatment of conditions activities of the WTC Health Program Steering capital costs. other than WTC-related health conditions. Committees established under section 3002(b); ‘‘(d) GAO ANALYSIS.—Not later than July 1, ‘‘(iii) Collect and report to the corresponding and 2011, the Comptroller General shall submit to the Data Center data, including claims data, in ac- ‘‘(vi) for meeting periodically with the cor- Committee on Energy and Commerce of the cordance with section 3304(b). responding Clinical Centers of Excellence to ob- House of Representatives and the Committee on ‘‘(iv) Have in place safeguards against fraud tain input on the analysis and reporting of data Health, Education, Labor, and Pensions of the that are satisfactory to the Administrator, in collected under clause (i) and on the develop- Senate an analysis on whether Clinical Centers consultation with the Inspector General of the ment of monitoring, initial health evaluation, of Excellence with which the WTC Program Ad- Department of Health and Human Services. and treatment protocols under clause (ii). ministrator enters into a contract under this sec- ‘‘(v) Treat or refer for treatment all individ- ‘‘(B) MEDICAL PROVIDER SELECTION.—The tion have financial systems that will allow for medical providers under subparagraph (A)(iv) uals who are enrolled WTC responders or cer- the timely submission of claims data for pur- shall be selected by the WTC Program Adminis- tified-eligible WTC survivors with respect to poses of section 3304 and subsections (a)(1)(F) trator on the basis of their experience treating such Center who present themselves for treat- and (b)(1)(B)(iii). or diagnosing the health conditions included in ment of a WTC-related health condition. ‘‘SEC. 3306. DEFINITIONS. the list of WTC-related health conditions. ‘‘(vi) Have in place safeguards, consistent ‘‘In this title: ‘‘(C) CLINICAL DISCUSSIONS.—In carrying out with section 3304(c), to ensure the confiden- ‘‘(1) The term ‘aggravating’ means, with re- subparagraph (A)(ii), a Data Center shall en- tiality of an individual’s individually identifi- spect to a health condition, a health condition gage in clinical discussions across the WTC Pro- able health information, including requiring that existed on September 11, 2001, and that, as gram to guide treatment approaches for individ- that such information not be disclosed to the in- a result of exposure to airborne toxins, any uals with a WTC-related health condition. dividual’s employer without the authorization other hazard, or any other adverse condition re- ‘‘(D) TRANSPARENCY OF DATA.—A contract en- of the individual. sulting from the September 11, 2001, terrorist at- tered into under this subsection with a Data ‘‘(vii) Use amounts paid under subsection tacks, requires medical treatment that is (or will Center shall require the Data Center to make (c)(1) only for costs incurred in carrying out the be) in addition to, more frequent than, or of any data collected and reported to such Center activities described in subsection (a), other than longer duration than the medical treatment that under subsection (b)(1)(B)(iii) available to those described in subsection (a)(1)(A). would have been required for such condition in health researchers and others as provided in the ‘‘(viii) Utilize health care providers with occu- the absence of such exposure. CDC/ATSDR Policy on Releasing and Sharing pational and environmental medicine expertise ‘‘(2) The term ‘certified-eligible WTC survivor’ Data. to conduct physical and mental health assess- has the meaning given such term in section ‘‘(3) AUTHORITY FOR CONTRACTS TO BE CLASS ments, in accordance with protocols developed 3321(a)(2). ‘‘(3) The terms ‘Clinical Center of Excellence’ SPECIFIC.—A contract entered into under this under subsection (a)(2)(A)(ii). and ‘Data Center’ have the meanings given such subsection with a Clinical Center of Excellence ‘‘(ix) Communicate with WTC responders and terms in section 3305. or a Data Center may be with respect to one or screening-eligible and certified-eligible WTC sur- ‘‘(4) The term ‘enrolled WTC responder’ means more class of enrolled WTC responders, screen- vivors in appropriate languages and conduct a WTC responder enrolled under section ing-eligible WTC survivors, or certified-eligible outreach activities with relevant stakeholder 3311(a)(3). WTC survivors. worker or community associations. ‘‘(x) Meet all the other applicable require- ‘‘(5) The term ‘initial health evaluation’ in- ‘‘(4) USE OF COOPERATIVE AGREEMENTS.—Any cludes, with respect to an individual, a medical contract under this title between the WTC Pro- ments of this title, including regulations imple- menting such requirements. and exposure history, a physical examination, gram Administrator and a Data Center or a and additional medical testing as needed to ‘‘(C) TRANSITION RULE TO ENSURE CONTINUITY Clinical Center of Excellence may be in the form evaluate whether the individual has a WTC-re- OF CARE.—The WTC Program Administrator of a cooperative agreement. lated health condition and is eligible for treat- ‘‘(5) REVIEW ON FEASIBILITY OF CONSOLI- shall to the maximum extent feasible ensure con- tinuity of care in any period of transition from ment under the WTC Program. DATING DATA CENTERS.—Not later than July 1, ‘‘(6) The term ‘list of WTC-related health con- monitoring and treatment of an enrolled WTC 2011, the Comptroller General of the United ditions’ means— States shall submit to the Committee on Energy responder or certified-eligible WTC survivor by a ‘‘(A) for WTC responders, the health condi- and Commerce of the House of Representatives provider to a Clinical Center of Excellence or a tions listed in section 3312(a)(3); and and the Committee on Health, Education, health care provider participating in the nation- ‘‘(B) for screening-eligible and certified-eligi- Labor, and Pensions of the Senate a report on wide network under section 3313. ble WTC survivors, the health conditions listed the feasibility of consolidating Data Centers ‘‘(2) DATA CENTERS.—For purposes of this in section 3322(b). into a single Data Center. title, the term ‘Data Center’ means a Center ‘‘(7) The term ‘New York City disaster area’ ‘‘(b) CENTERS OF EXCELLENCE.— that the WTC Program Administrator deter- means the area within New York City that is— ‘‘(1) CLINICAL CENTERS OF EXCELLENCE.— mines has the capacity to carry out the respon- ‘‘(A) the area of Manhattan that is south of ‘‘(A) DEFINITION.—For purposes of this title, sibilities for a Data Center under subsection Houston Street; and the term ‘Clinical Center of Excellence’ means a (a)(2). ‘‘(B) any block in Brooklyn that is wholly or Center that demonstrates to the satisfaction of ‘‘(3) CORRESPONDING CENTERS.—For purposes partially contained within a 1.5-mile radius of the Administrator that the Center— of this title, a Clinical Center of Excellence and the former World Trade Center site.

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0688 Sfmt 6333 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23578 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 ‘‘(8) The term ‘New York metropolitan area’ ered under the arrangement with the Fire De- ‘‘(II) participated onsite in rescue, recovery, means an area, specified by the WTC Program partment of New York City; or debris cleanup, or related services at Ground Administrator, within which WTC responders ‘‘(ii) the Fire Department of New York City. Zero, the Staten Island Landfill, or the barge and eligible WTC screening-eligible survivors ‘‘(B) RESPONDER WHO MEETS CURRENT ELIGI- loading piers, for at least one day during the pe- who reside in such area are reasonably able to BILITY CRITERIA.—An individual who meets the riod beginning on September 11, 2001, and end- access monitoring and treatment benefits and current eligibility criteria described in para- ing on July 31, 2002; initial health evaluation benefits under this title graph (2). ‘‘(III) participated onsite in rescue, recovery, through a Clinical Center of Excellence de- ‘‘(C) RESPONDER WHO MEETS MODIFIED ELIGI- debris cleanup, or related services in lower Man- scribed in subparagraphs (A), (B), or (C) of sec- BILITY CRITERIA.—An individual who— hattan (south of Canal St.) for at least 24 hours tion 3305(b)(1). ‘‘(i) performed rescue, recovery, demolition, during the period beginning on September 11, ‘‘(9) The term ‘screening-eligible WTC sur- debris cleanup, or other related services in the 2001, and ending on September 30, 2001; or vivor’ has the meaning given such term in sec- New York City disaster area in response to the ‘‘(IV) participated onsite in rescue, recovery, tion 3321(a)(1). September 11, 2001, terrorist attacks, regardless debris cleanup, or related services in lower Man- ‘‘(10) Any reference to ‘September 11, 2001’ of whether such services were performed by a hattan (south of Canal St.) for at least 80 hours shall be deemed a reference to the period on State or Federal employee or member of the Na- during the period beginning on September 11, such date subsequent to the terrorist attacks at tional Guard or otherwise; and 2001, and ending on July 31, 2002; the World Trade Center, Shanksville, Pennsyl- ‘‘(ii) meets such eligibility criteria relating to ‘‘(iii) was an employee of the Office of the vania, or the Pentagon, as applicable, on such exposure to airborne toxins, other hazards, or Chief Medical Examiner of New York City in- date. adverse conditions resulting from the September volved in the examination and handling of ‘‘(11) The term ‘September 11, 2001, terrorist 11, 2001, terrorist attacks as the WTC Program human remains from the World Trade Center at- attacks’ means the terrorist attacks that oc- Administrator, after consultation with the WTC tacks, or other morgue worker who performed curred on September 11, 2001, in New York City, Scientific/Technical Advisory Committee, deter- similar post-September 11 functions for such Of- in Shanksville, Pennsylvania, and at the Pen- mines appropriate. fice staff, during the period beginning on Sep- tagon, and includes the aftermath of such at- The WTC Program Administrator shall not mod- tember 11, 2001, and ending on July 31, 2002; tacks. ify such eligibility criteria on or after the date ‘‘(iv) was a worker in the Port Authority ‘‘(12) The term ‘WTC Health Program Steering that the number of enrollments of WTC respond- Trans-Hudson Corporation Tunnel for at least Committee’ means such a Steering Committee es- ers has reached 80 percent of the limit described 24 hours during the period beginning on Feb- tablished under section 3302(b). in paragraph (4) or on or after the date that the ruary 1, 2002, and ending on July 1, 2002; or ‘‘(13) The term ‘WTC Program’ means the number of certifications for certified-eligible ‘‘(v) was a vehicle-maintenance worker who Word Trade Center Health Program established WTC survivors under section 3321(a)(2)(B) has was exposed to debris from the former World under section 3301(a). reached 80 percent of the limit described in sec- Trade Center while retrieving, driving, cleaning, ‘‘(14)(A) The term ‘WTC Program Adminis- tion 3321(a)(3). repairing, and maintaining vehicles contami- trator’ means— ‘‘(2) CURRENT ELIGIBILITY CRITERIA.—The eli- nated by airborne toxins from the September 11, ‘‘(i) subject to subparagraph (B), with respect gibility criteria described in this paragraph for 2001, terrorist attacks during a duration and pe- to paragraphs (3) and (4) of section 3311(a) (re- an individual is that the individual is described riod described in subparagraph (A). lating to enrollment of WTC responders), section in any of the following categories: ‘‘(C) RESPONDERS TO THE SEPTEMBER 11 AT- 3312(c) and the corresponding provisions of sec- ‘‘(A) FIREFIGHTERS AND RELATED PER- TACKS AT THE PENTAGON AND SHANKSVILLE, tion 3322 (relating to payment for initial health SONNEL.—The individual— PENNSYLVANIA.—The individual— evaluation, monitoring, and treatment, para- ‘‘(i) was a member of the Fire Department of ‘‘(i)(I) was a member of a fire or police depart- graphs (1)(C), (2)(B), and (3) of section 3321(a) New York City (whether fire or emergency per- ment (whether fire or emergency personnel, ac- (relating to determination or certification of sonnel, active or retired) who participated at tive or retired), worked for a recovery or clean- screening-eligible or certified-eligible WTC re- least one day in the rescue and recovery effort up contractor, or was a volunteer; and per- sponders), and part 3 of subtitle B (relating to at any of the former World Trade Center sites formed rescue, recovery, demolition, debris payor provisions), an official in the Department (including Ground Zero, Staten Island Landfill, cleanup, or other related services at the Pen- of Health and Human Services, to be designated and the New York City Chief Medical Exam- tagon site of the terrorist-related aircraft crash by the Secretary; and iner’s Office) for any time during the period be- of September 11, 2001, during the period begin- ‘‘(ii) with respect to any other provision of ginning on September 11, 2001, and ending on ning on September 11, 2001, and ending on the this title, the Director of the National Institute July 31, 2002; or date on which the cleanup of the site was con- for Occupational Safety and Health, or a des- ‘‘(ii)(I) is a surviving immediate family mem- cluded, as determined by the WTC Program Ad- ignee of such Director. ber of an individual who was a member of the ministrator; or ‘‘(B) In no case may the Secretary designate Fire Department of New York City (whether fire ‘‘(II) was a member of a fire or police depart- under subparagraph (A)(i) the Director of the or emergency personnel, active or retired) and ment (whether fire or emergency personnel, ac- National Institute for Occupational Safety and was killed at the World Trade site on September tive or retired), worked for a recovery or clean- Health or a designee of such Director with re- 11, 2001; and up contractor, or was a volunteer; and per- spect to section 3322 (relating to payment for ‘‘(II) received any treatment for a WTC-re- formed rescue, recovery, demolition, debris initial health evaluation, monitoring, and treat- lated health condition described in section cleanup, or other related services at the ment). 3312(a)(1)(A)(ii) (relating to mental health con- Shanksville, Pennsylvania, site of the terrorist- ‘‘(15) The term ‘WTC-related health condition’ ditions) on or before September 1, 2008. related aircraft crash of September 11, 2001, dur- is defined in section 3312(a). ‘‘(B) LAW ENFORCEMENT OFFICERS AND WTC ing the period beginning on September 11, 2001, ‘‘(16) The term ‘WTC responder’ is defined in RESCUE, RECOVERY, AND CLEANUP WORKERS.— and ending on the date on which the cleanup of section 3311(a). The individual— the site was concluded, as determined by the ‘‘(17) The term ‘WTC Scientific/Technical Ad- ‘‘(i) worked or volunteered onsite in rescue, WTC Program Administrator; and visory Committee’ means such Committee estab- recovery, debris cleanup, or related support ‘‘(ii) is determined by the WTC Program Ad- lished under section 3302(a). services in lower Manhattan (south of Canal ministrator to be at an increased risk of devel- ‘‘Subtitle B—Program of Monitoring, Initial St.), the Staten Island Landfill, or the barge oping a WTC-related health condition as a re- Health Evaluations, and Treatment loading piers, for at least 4 hours during the pe- sult of exposure to airborne toxins, other haz- ‘‘PART 1—WTC RESPONDERS riod beginning on September 11, 2001, and end- ards, or adverse conditions resulting from the ‘‘SEC. 3311. IDENTIFICATION OF WTC RESPOND- ing on September 14, 2001, for at least 24 hours September 11, 2001, terrorist attacks, and meets ERS AND PROVISION OF WTC-RE- during the period beginning on September 11, such eligibility criteria related to such expo- LATED MONITORING SERVICES. 2001, and ending on September 30, 2001, or for at sures, as the WTC Program Administrator deter- ‘‘(a) WTC RESPONDER DEFINED.— least 80 hours during the period beginning on mines are appropriate, after consultation with ‘‘(1) IN GENERAL.—For purposes of this title, September 11, 2001, and ending on July 31, 2002; the WTC Scientific/Technical Advisory Com- the term ‘WTC responder’ means any of the fol- ‘‘(ii)(I) was a member of the Police Depart- mittee. lowing individuals, subject to paragraph (4): ment of New York City (whether active or re- ‘‘(3) ENROLLMENT PROCESS.— ‘‘(A) CURRENTLY IDENTIFIED RESPONDER.—An tired) or a member of the Port Authority Police ‘‘(A) IN GENERAL.—The WTC Program Admin- individual who has been identified as eligible of the Port Authority of New York and New Jer- istrator shall establish a process for enrolling for monitoring under the arrangements as in ef- sey (whether active or retired) who participated WTC responders in the WTC Program. Under fect on the date of the enactment of this title be- onsite in rescue, recovery, debris cleanup, or re- such process— tween the National Institute for Occupational lated services in lower Manhattan (south of ‘‘(i) WTC responders described in paragraph Safety and Health and— Canal St.), including Ground Zero, the Staten (1)(A) shall be deemed to be enrolled in such ‘‘(i) the consortium coordinated by Mt. Sinai Island Landfill, or the barge loading piers, for Program; Hospital in New York City that coordinates the at least 4 hours during the period beginning ‘‘(ii) subject to clause (iii), the Administrator monitoring and treatment for enrolled WTC re- September 11, 2001, and ending on September 14, shall enroll in such program individuals who sponders other than with respect to those cov- 2001; are determined to be WTC responders;

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0688 Sfmt 6333 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23579 ‘‘(iii) the Administrator shall deny such en- or, in the case of an individual residing outside ‘‘(iv) Reactive airways dysfunction syndrome rollment to an individual if the Administrator the New York metropolitan area, under an ar- (RADS). determines that the numerical limitation in rangement under section 3313. ‘‘(v) WTC-exacerbated chronic obstructive paragraph (4) on enrollment of WTC responders ‘‘SEC. 3312. TREATMENT OF ENROLLED WTC RE- pulmonary disease (COPD). has been met; SPONDERS FOR WTC-RELATED ‘‘(vi) Chronic cough syndrome. ‘‘(iv) there shall be no fee charged to the ap- HEALTH CONDITIONS. ‘‘(vii) Upper airway hyperreactivity. plicant for making an application for such en- ‘‘(a) WTC-RELATED HEALTH CONDITION DE- ‘‘(viii) Chronic rhinosinusitis. rollment; FINED.— ‘‘(ix) Chronic nasopharyngitis. ‘‘(v) the Administrator shall make a deter- ‘‘(1) IN GENERAL.—For purposes of this title, ‘‘(x) Chronic laryngitis. mination on such an application not later than the term ‘WTC-related health condition’ means ‘‘(xi) Gastroesophageal reflux disorder 60 days after the date of filing the application; a condition that— (GERD). and ‘‘(A)(i) is an illness or health condition for ‘‘(xii) Sleep apnea exacerbated by or related to ‘‘(vi) an individual who is denied enrollment which exposure to airborne toxins, any other a condition described in a previous clause. in such Program shall have an opportunity to hazard, or any other adverse condition resulting ‘‘(B) MENTAL HEALTH CONDITIONS.— appeal such determination in a manner estab- from the September 11, 2001, terrorist attacks, ‘‘(i) Posttraumatic stress disorder (PTSD). lished under such process. based on an examination by a medical profes- ‘‘(ii) Major depressive disorder. ‘‘(iii) Panic disorder. ‘‘(B) TIMING.— sional with experience in treating or diagnosing ‘‘(iv) Generalized anxiety disorder. ‘‘(i) CURRENTLY IDENTIFIED RESPONDERS.—In the health conditions included in the applicable ‘‘(v) Anxiety disorder (not otherwise speci- accordance with subparagraph (A)(i), the WTC list of WTC-related health conditions, is sub- fied). Program Administrator shall enroll an indi- stantially likely to be a significant factor in ag- ‘‘(vi) Depression (not otherwise specified). vidual described in paragraph (1)(A) in the gravating, contributing to, or causing the illness ‘‘(vii) Acute stress disorder. WTC Program not later than July 1, 2011. or health condition, as determined under para- ‘‘(viii) Dysthymic disorder. ‘‘(ii) OTHER RESPONDERS.—In accordance with graph (2); or ‘‘(ix) Adjustment disorder. subparagraph (A)(ii) and consistent with para- ‘‘(ii) is a mental health condition for which ‘‘(x) Substance abuse. graph (4), the WTC Program Administrator shall such attacks, based on an examination by a ‘‘(C) MUSCULOSKELETAL DISORDERS FOR CER- enroll any other individual who is determined to medical professional with experience in treating TAIN WTC RESPONDERS.—In the case of a WTC be a WTC responder in the WTC Program at the or diagnosing the health conditions included in responder described in paragraph (4), a condi- time of such determination. the applicable list of WTC-related health condi- tion described in such paragraph. ‘‘(4) NUMERICAL LIMITATION ON ELIGIBLE WTC tions, is substantially likely to be a significant ‘‘(D) ADDITIONAL CONDITIONS.—Any cancer RESPONDERS.— factor in aggravating, contributing to, or caus- (or type of cancer) or other condition added, ‘‘(A) IN GENERAL.—The total number of indi- ing the condition, as determined under para- pursuant to paragraph (5) or (6), to the list viduals not described in paragraph (1)(A) or graph (2); and under this paragraph. (2)(A)(ii) who may be enrolled under paragraph ‘‘(B) is included in the applicable list of WTC- ‘‘(4) MUSCULOSKELETAL DISORDERS.— (3)(A)(ii) shall not exceed 25,000 at any time, of related health conditions or— ‘‘(A) IN GENERAL.—For purposes of this title, which no more than 2,500 may be individuals ‘‘(i) with respect to a WTC responder, is pro- in the case of a WTC responder who received enrolled based on modified eligibility criteria es- vided certification of coverage under subsection any treatment for a WTC-related musculo- tablished under paragraph (1)(C). (b)(2)(B)(iii); or skeletal disorder on or before September 11, 2003, ‘‘(B) PROCESS.—In implementing subpara- ‘‘(ii) with respect to a screening-eligible WTC the list of health conditions in paragraph (3) graph (A), the WTC Program Administrator survivor or certified-eligible WTC survivor, is shall include: shall— provided certification of coverage under sub- ‘‘(i) Low back pain. ‘‘(i) limit the number of enrollments made section (b)(2)(B)(iii), as applied under section ‘‘(ii) Carpal tunnel syndrome (CTS). under paragraph (3)— 3322(a). ‘‘(iii) Other musculoskeletal disorders. ‘‘(I) in accordance with such subparagraph; In the case of a WTC responder described in sec- ‘‘(B) DEFINITION.—The term ‘WTC-related and tion 3311(a)(2)(A)(ii) (relating to a surviving im- musculoskeletal disorder’ means a chronic or re- ‘‘(II) to such number, as determined by the mediate family member of a firefighter), such current disorder of the musculoskeletal system Administrator based on the best available infor- term does not include an illness or health condi- caused by heavy lifting or repetitive strain on mation and subject to amounts available under tion described in subparagraph (A)(i). the joints or musculoskeletal system occurring section 3351, that will ensure sufficient funds ‘‘(2) DETERMINATION.—The determination during rescue or recovery efforts in the New will be available to provide treatment and moni- under paragraph (1) or subsection (b) of wheth- York City disaster area in the aftermath of the toring benefits under this title, with respect to er the September 11, 2001, terrorist attacks were September 11, 2001, terrorist attacks. all individuals who are enrolled through the end substantially likely to be a significant factor in ‘‘(5) CANCER.— of fiscal year 2020; and aggravating, contributing to, or causing an in- ‘‘(A) IN GENERAL.—The WTC Program Admin- ‘‘(ii) provide priority (subject to paragraph dividual’s illness or health condition shall be istrator shall periodically conduct a review of (3)(A)(i)) in such enrollments in the order in made based on an assessment of the following: all available scientific and medical evidence, in- which individuals apply for enrollment under ‘‘(A) The individual’s exposure to airborne cluding findings and recommendations of Clin- paragraph (3). toxins, any other hazard, or any other adverse ical Centers of Excellence, published in peer-re- ‘‘(5) DISQUALIFICATION OF INDIVIDUALS ON condition resulting from the terrorist attacks. viewed journals to determine if, based on such TERRORIST WATCH LIST.—No individual who is Such exposure shall be— evidence, cancer or a certain type of cancer on the terrorist watch list maintained by the De- ‘‘(i) evaluated and characterized through the should be added to the applicable list of WTC- partment of Homeland Security shall qualify as use of a standardized, population-appropriate related health conditions. The WTC Program an eligible WTC responder. Before enrolling any questionnaire approved by the Director of the Administrator shall conduct the first review individual as a WTC responder in the WTC Pro- National Institute for Occupational Safety and under this subparagraph not later than 180 days gram under paragraph (3), the Administrator, in Health; and after the date of the enactment of this title. consultation with the Secretary of Homeland Se- ‘‘(ii) assessed and documented by a medical ‘‘(B) PROPOSED REGULATIONS AND RULE- curity, shall determine whether the individual is professional with experience in treating or diag- MAKING.—Based on the periodic reviews under on such list. nosing health conditions included on the list of subparagraph (A), if the WTC Program Admin- ‘‘(b) MONITORING BENEFITS.— WTC-related health conditions. istrator determines that cancer or a certain type ‘‘(1) IN GENERAL.—In the case of an enrolled ‘‘(B) The type of symptoms and temporal se- of cancer should be added to such list of WTC- WTC responder (other than one described in quence of symptoms. Such symptoms shall be— related health conditions, the WTC Program Ad- subsection (a)(2)(A)(ii)), the WTC Program shall ‘‘(i) assessed through the use of a standard- ministrator shall propose regulations, through provide for monitoring benefits that include ized, population-appropriate medical question- rulemaking, to add cancer or the certain type of monitoring consistent with protocols approved naire approved by the Director of the National cancer to such list. by the WTC Program Administrator and includ- Institute for Occupational Safety and Health ‘‘(C) FINAL REGULATIONS.—Based on all the ing clinical examinations and long-term health and a medical examination; and available evidence in the rulemaking record, the monitoring and analysis. In the case of an en- ‘‘(ii) diagnosed and documented by a medical WTC Program Administrator shall make a final rolled WTC responder who is an active member professional described in subparagraph (A)(ii). determination of whether cancer or a certain of the Fire Department of New York City, the ‘‘(3) LIST OF HEALTH CONDITIONS FOR WTC RE- type of cancer should be added to such list of responder shall receive such benefits as part of SPONDERS.—The list of health conditions for WTC-related health conditions. If such a deter- the individual’s periodic company medical WTC responders consists of the following: mination is made to make such an addition, the exams. ‘‘(A) AERODIGESTIVE DISORDERS.— WTC Program Administrator shall by regulation ‘‘(2) PROVISION OF MONITORING BENEFITS.— ‘‘(i) Interstitial lung diseases. add cancer or the certain type of cancer to such The monitoring benefits under paragraph (1) ‘‘(ii) Chronic respiratory disorder—fumes/va- list. shall be provided through the Clinical Center of pors. ‘‘(D) DETERMINATIONS NOT TO ADD CANCER OR Excellence for the type of individual involved ‘‘(iii) Asthma. CERTAIN TYPES OF CANCER.—In the case that the

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WTC Program Administrator determines under toring benefits under section 3311 for an en- ‘‘(D) CONDITIONS ALREADY DECLINED FOR IN- subparagraph (B) or (C) that cancer or a certain rolled WTC responder makes a determination CLUSION IN LIST.—If the WTC Program Adminis- type of cancer should not be added to such list that the responder has a WTC-related health trator publishes a determination under sub- of WTC-related health conditions, the WTC Pro- condition that is in the list in subsection (a)(3) section (a)(6)(B) not to include a condition in gram Administrator shall publish an expla- and that exposure to airborne toxins, other haz- the list in subsection (a)(3), the WTC Program nation for such determination in the Federal ards, or adverse conditions resulting from the Administrator shall not provide certification Register. Any such determination to not make September 1, 2001, terrorist attacks is substan- under subparagraph (B)(iii) for coverage of the such an addition shall not preclude the addition tially likely to be a significant factor in aggra- condition. In the case of an individual who is of cancer or the certain type of cancer to such vating, contributing to, or causing the condi- certified under subparagraph (B)(iii) with re- list at a later date. tion— spect to such condition before the date of the ‘‘(6) ADDITION OF HEALTH CONDITIONS TO LIST ‘‘(i) the physician shall promptly transmit publication of such determination the previous FOR WTC RESPONDERS.— such determination to the WTC Program Admin- sentence shall not apply. ‘‘(A) IN GENERAL.—Whenever the WTC Pro- istrator and provide the Administrator with the ‘‘(3) REQUIREMENT OF MEDICAL NECESSITY.— gram Administrator determines that a proposed medical facts supporting such determination; ‘‘(A) IN GENERAL.—In providing treatment for rule should be promulgated to add a health con- and a WTC-related health condition, a physician or dition to the list of health conditions in para- ‘‘(ii) on and after the date of such transmittal other provider shall provide treatment that is graph (3), the Administrator may request a rec- and subject to subparagraph (B), the WTC Pro- medically necessary and in accordance with ommendation of the Advisory Committee or may gram shall provide for payment under sub- medical treatment protocols established under publish such a proposed rule in the Federal section (c) for medically necessary treatment for subsection (d). Register in accordance with subparagraph (D). such condition. ‘‘(B) REGULATIONS RELATING TO MEDICAL NE- ‘‘(B) ADMINISTRATOR’S OPTIONS AFTER RE- ‘‘(B) REVIEW; CERTIFICATION; APPEALS.— CESSITY.—For the purpose of this title, the WTC CEIPT OF PETITION.—In the case that the WTC ‘‘(i) REVIEW.—A Federal employee designated Program Administrator shall issue regulations Program Administrator receives a written peti- by the WTC Program Administrator shall review specifying a standard for determining medical tion by an interested party to add a health con- determinations made under subparagraph (A). necessity with respect to health care services dition to the list of health conditions in para- ‘‘(ii) CERTIFICATION.—The Administrator shall and prescription pharmaceuticals, a process for graph (3), not later than 60 days after the date provide a certification of such condition based determining whether treatment furnished and of receipt of such petition the Administrator upon reviews conducted under clause (i). Such a pharmaceuticals prescribed under this title meet shall— certification shall be provided unless the Admin- such standard (including any prior authoriza- ‘‘(i) request a recommendation of the Advisory istrator determines that the responder’s condi- tion requirement), and a process for appeal of a Committee; tion is not a WTC-related health condition in determination under subsection (c)(3). ‘‘(ii) publish a proposed rule in the Federal the list in subsection (a)(3) or that exposure to ‘‘(4) SCOPE OF TREATMENT COVERED.— Register to add such health condition, in ac- airborne toxins, other hazards, or adverse condi- ‘‘(A) IN GENERAL.—The scope of treatment cordance with subparagraph (D); tions resulting from the September 1, 2001, ter- covered under this subsection includes services ‘‘(iii) publish in the Federal Register the Ad- rorist attacks is not substantially likely to be a of physicians and other health care providers, ministrator’s determination not to publish such significant factor in aggravating, contributing diagnostic and laboratory tests, prescription a proposed rule and the basis for such deter- to, or causing the condition. drugs, inpatient and outpatient hospital serv- mination; or ‘‘(iii) APPEAL PROCESS.—The Administrator ices, and other medically necessary treatment. ‘‘(iv) publish in the Federal Register a deter- shall establish, by rule, a process for the appeal ‘‘(B) PHARMACEUTICAL COVERAGE.—With re- mination that insufficient evidence exists to of determinations under clause (ii). spect to ensuring coverage of medically nec- take action under clauses (i) through (iii). ‘‘(2) DETERMINATION BASED ON MEDICALLY AS- essary outpatient prescription drugs, such drugs ‘‘(C) ACTION BY ADVISORY COMMITTEE.—In the SOCIATED WTC-RELATED HEALTH CONDITIONS.— shall be provided, under arrangements made by case that the Administrator requests a rec- ‘‘(A) IN GENERAL.—If a physician at a Clinical the WTC Program Administrator, directly ommendation of the Advisory Committee under Center of Excellence determines pursuant to through participating Clinical Centers of Excel- this paragraph, with respect to adding a health subsection (a) that the enrolled WTC responder lence or through one or more outside vendors. condition to the list in paragraph (3), the Advi- has a health condition described in subsection ‘‘(C) TRANSPORTATION EXPENSES FOR NATION- sory Committee shall submit to the Adminis- (a)(1)(A) that is not in the list in subsection WIDE NETWORK.—The WTC Program Adminis- trator such recommendation not later than 60 (a)(3) but which is medically associated with a trator may provide for necessary and reasonable days after the date of such request or by such WTC-related health condition— transportation and expenses incident to the se- date (not to exceed 180 days after such date of ‘‘(i) the physician shall promptly transmit curing of medically necessary treatment through request) as specified by the Administrator. Not such determination to the WTC Program Admin- the nationwide network under section 3313 in- later than 60 days after the date of receipt of istrator and provide the Administrator with the volving travel of more than 250 miles and for such recommendation, the Administrator shall, facts supporting such determination; and which payment is made under this section in the in accordance with subparagraph (D), publish ‘‘(ii) the Administrator shall make a deter- same manner in which individuals may be fur- in the Federal Register a proposed rule with re- mination under subparagraph (B) with respect nished necessary and reasonable transportation spect to such recommendation or a determina- to such physician’s determination. and expenses incident to services involving trav- tion not to propose such a proposed rule and the ‘‘(B) PROCEDURES FOR REVIEW, CERTIFICATION, el of more than 250 miles under regulations im- basis for such determination. AND APPEAL.—The WTC Program Administrator plementing section 3629(c) of the Energy Em- ‘‘(D) PUBLICATION.—The WTC Program Ad- shall, by rule, establish procedures for the re- ministrator shall, with respect to any proposed ployees Occupational Illness Compensation Pro- view and certification of physician determina- rule under this paragraph— gram Act of 2000 (title XXXVI of Public Law ‘‘(i) publish such proposed rule in accordance tions under subparagraph (A). Such rule shall 106–398; 42 U.S.C. 7384t(c)). with section 553 of title 5, United States Code; provide for— ‘‘(5) PROVISION OF TREATMENT PENDING CER- and ‘‘(i) the timely review of such a determination TIFICATION.—With respect to an enrolled WTC ‘‘(ii) provide interested parties a period of 30 by a physician panel with appropriate expertise responder for whom a determination is made by days after such publication to submit written for the condition and recommendations to the an examining physician under paragraph (1) or comments on the proposed rule. WTC Program Administrator; (2), but for whom the WTC Program Adminis- The WTC Program Administrator may extend ‘‘(ii) not later than 60 days after the date of trator has not yet determined whether to certify the period described in clause (ii) upon a finding the transmittal under subparagraph (A)(i), a de- the determination, the WTC Program Adminis- of good cause. In the case of such an extension, termination by the WTC Program Administrator trator may establish by rule a process through the Administrator shall publish such extension on whether or not the condition involved is de- which the Administrator may approve the provi- in the Federal Register. scribed in subsection (a)(1)(A) and is medically sion of medical treatment under this subsection ‘‘(E) INTERESTED PARTY DEFINED.—For pur- associated with a WTC-related health condition; (and payment under subsection (c)) with respect poses of this paragraph, the term ‘interested ‘‘(iii) certification in accordance with para- to such responder and such responder’s WTC-re- party’ includes a representative of any organi- graph (1)(B)(ii) of coverage of such condition if lated health condition (under such terms and zation representing WTC responders, a nation- determined to be described in subsection conditions as the Administrator may provide) ally recognized medical association, a Clinical (a)(1)(A) and medically associated with a WTC- until the Administrator makes a decision on or Data Center, a State or political subdivision, related health condition; and whether to certify the determination. or any other interested person. ‘‘(iv) a process for appeals of determinations ‘‘(c) PAYMENT FOR INITIAL HEALTH EVALUA- ‘‘(b) COVERAGE OF TREATMENT FOR WTC-RE- relating to such conditions. TION, MONITORING, AND TREATMENT OF WTC- LATED HEALTH CONDITIONS.— ‘‘(C) INCLUSION IN LIST OF HEALTH CONDI- RELATED HEALTH CONDITIONS.— ‘‘(1) DETERMINATION FOR ENROLLED WTC RE- TIONS.—If the WTC Program Administrator pro- ‘‘(1) MEDICAL TREATMENT.— SPONDERS BASED ON A WTC-RELATED HEALTH vides certification under subparagraph (B)(iii) ‘‘(A) USE OF FECA PAYMENT RATES.— CONDITION.— for coverage of a condition, the Administrator ‘‘(i) IN GENERAL.—Subject to clause (ii): ‘‘(A) IN GENERAL.—If a physician at a Clinical may, pursuant to subsection (a)(6), add the con- ‘‘(I) Subject to subparagraphs (B) and (C), the Center of Excellence that is providing moni- dition to the list in subsection (a)(3). WTC Program Administrator shall reimburse

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WTC responder, for purposes of the initial at a rate higher than the Office of Worker’s ‘‘(2) APPROVAL.—The medical treatment pro- health evaluation under subsection (b), claims Compensation Programs in the Department tocols developed under paragraph (1) shall be symptoms of a WTC-related health condition Labor would pay for such products or services subject to approval by the WTC Program Ad- and meets any of the current eligibility criteria rendered at the time such products or services ministrator. described in subparagraph (B). were provided. ‘‘SEC. 3313. NATIONAL ARRANGEMENT FOR BENE- ‘‘(iii) SURVIVOR WHO MEETS MODIFIED ELIGI- ‘‘(B) PHARMACEUTICALS.— FITS FOR ELIGIBLE INDIVIDUALS BILITY CRITERIA.—An individual who is not a ‘‘(i) IN GENERAL.—The WTC Program Admin- OUTSIDE NEW YORK. WTC responder, for purposes of the initial istrator shall establish a program for paying for ‘‘(a) IN GENERAL.—In order to ensure reason- health evaluation under subsection (b), claims the medically necessary outpatient prescription able access to benefits under this subtitle for in- symptoms of a WTC-related health condition pharmaceuticals prescribed under this title for dividuals who are enrolled WTC responders, and meets such eligibility criteria relating to ex- WTC-related health conditions through one or screening-eligible WTC survivors, or certified-el- posure to airborne toxins, other hazards, or ad- more contracts with outside vendors. igible WTC survivors and who reside in any verse conditions resulting from the September 11, ‘‘(ii) COMPETITIVE BIDDING.—Under such pro- State, as defined in section 2(f), outside the New 2001, terrorist attacks as the WTC Administrator gram the Administrator shall— York metropolitan area, the WTC Program Ad- determines, after consultation with the Data ‘‘(I) select one or more appropriate vendors ministrator shall establish a nationwide network Centers described in section 3305 and the WTC through a Federal competitive bid process; and of health care providers to provide monitoring Scientific/Technical Advisory Committee and ‘‘(II) select the lowest bidder (or bidders) meet- and treatment benefits and initial health eval- WTC Health Program Steering Committees ing the requirements for providing pharma- uations near such individuals’ areas of resi- under section 3302. ceutical benefits for participants in the WTC dence in such States. Nothing in this subsection The Administrator shall not modify such criteria Program. shall be construed as preventing such individ- under clause (iii) on or after the date that the ‘‘(iii) TREATMENT OF FDNY PARTICIPANTS.— uals from being provided such monitoring and number of certifications for certified-eligible Under such program the Administrator may treatment benefits or initial health evaluation WTC survivors under paragraph (2)(B) has enter into an agreement with a separate vendor through any Clinical Center of Excellence. reached 80 percent of the limit described in to provide pharmaceutical benefits to enrolled ‘‘(b) NETWORK REQUIREMENTS.—Any health paragraph (3) or on or after the date that the WTC responders for whom the Clinical Center of care provider participating in the network number of enrollments of WTC responders has Excellence is described in section 3305 if such an under subsection (a) shall— reached 80 percent of the limit described in sec- arrangement is deemed necessary and beneficial ‘‘(1) meet criteria for credentialing established tion 3311(a)(4). to the program by the WTC Program Adminis- by the Data Centers; ‘‘(B) CURRENT ELIGIBILITY CRITERIA.—The eli- trator. ‘‘(2) follow the monitoring, initial health eval- gibility criteria described in this subparagraph ‘‘(iv) PHARMACEUTICALS.—Not later than July uation, and treatment protocols developed under for an individual are that the individual is de- 1, 2011, the Comptroller General of the United section 3305(a)(2)(A)(ii); scribed in any of the following clauses: States shall submit to the Committee on Energy ‘‘(3) collect and report data in accordance ‘‘(i) A person who was present in the New and Commerce of the House of Representatives with section 3304; and York City disaster area in the dust or dust cloud and the Committee on Health, Education, ‘‘(4) meet such fraud, quality assurance, and on September 11, 2001. Labor, and Pensions of the Senate a report on other requirements as the WTC Program Admin- ‘‘(ii) A person who worked, resided, or at- whether existing Federal pharmaceutical pur- istrator establishes, including sections 1128 tended school, childcare, or adult daycare in the chasing programs can provide pharmaceutical through 1128E of the Social Security Act, as ap- New York City disaster area for— benefits more efficiently and effectively than plied by section 3301(d). ‘‘(I) at least 4 days during the 4-month period through the WTC program. ‘‘(c) TRAINING AND TECHNICAL ASSISTANCE.— beginning on September 11, 2001, and ending on ‘‘(C) IMPROVING QUALITY AND EFFICIENCY The WTC Program Administer may provide, in- January 10, 2002; or THROUGH MODIFICATION OF PAYMENT AMOUNTS cluding through contract, for the provision of ‘‘(II) at least 30 days during the period begin- AND METHODOLOGIES.—The WTC Program Ad- training and technical assistance to health care ning on September 11, 2001, and ending on July ministrator may modify the amounts and meth- providers participating in the network under 31, 2002. odologies for making payments for initial health subsection (a). ‘‘(iii) Any person who worked as a cleanup evaluations, monitoring, or treatment, if, taking ‘‘(d) PROVISION OF SERVICES THROUGH THE worker or performed maintenance work in the into account utilization and quality data fur- VA.— New York City disaster area during the 4-month nished by the Clinical Centers of Excellence ‘‘(1) IN GENERAL.—The WTC Program Admin- period described in subparagraph (B)(i) and had under section 3305(b)(1)(B)(iii), the Adminis- istrator may enter into an agreement with the extensive exposure to WTC dust as a result of trator determines that a bundling, capitation, Secretary of Veterans Affairs for the Secretary such work. pay for performance, or other payment method- to provide services under this section through ‘‘(iv) A person who was deemed eligible to re- ology would better ensure high quality and effi- facilities of the Department of Veterans Affairs. ceive a grant from the Lower Manhattan Devel- cient delivery of initial health evaluations, mon- ‘‘(2) NATIONAL PROGRAM.—Not later than July opment Corporation Residential Grant Program, itoring, or treatment to an enrolled WTC re- 1, 2011, the Comptroller General of the United who possessed a lease for a residence or pur- sponder, screening-eligible WTC survivor, or cer- States shall submit to the Committee on Energy chased a residence in the New York City dis- tified-eligible WTC survivor. and Commerce of the House of Representatives aster area, and who resided in such residence ‘‘(2) MONITORING AND INITIAL HEALTH EVALUA- and the Committee on Health, Education, during the period beginning on September 11, TION.—The WTC Program Administrator shall Labor, and Pensions of the Senate a report on 2001, and ending on May 31, 2003. reimburse the costs of monitoring and the costs whether the Department of Veterans Affairs can ‘‘(v) A person whose place of employment— of an initial health evaluation provided under provide monitoring and treatment services to in- ‘‘(I) at any time during the period beginning this title at a rate set by the Administrator by dividuals under this section more efficiently and on September 11, 2001, and ending on May 31, regulation. effectively than through the nationwide net- 2003, was in the New York City disaster area; ‘‘(3) DETERMINATION OF MEDICAL NECESSITY.— work to be established under subsection (a). and ‘‘(A) REVIEW OF MEDICAL NECESSITY AND PRO- ‘‘PART 2—WTC SURVIVORS ‘‘(II) was deemed eligible to receive a grant TOCOLS.—As part of the process for reimburse- ‘‘SEC. 3321. IDENTIFICATION AND INITIAL from the Lower Manhattan Development Cor- ment or payment under this subsection, the HEALTH EVALUATION OF SCREEN- poration WTC Small Firms Attraction and Re- WTC Program Administrator shall provide for ING-ELIGIBLE AND CERTIFIED-ELIGI- tention Act program or other government incen- the review of claims for reimbursement or pay- BLE WTC SURVIVORS. tive program designed to revitalize the lower ment for the provision of medical treatment to ‘‘(a) IDENTIFICATION OF SCREENING-ELIGIBLE Manhattan economy after the September 11, determine if such treatment is medically nec- WTC SURVIVORS AND CERTIFIED-ELIGIBLE WTC 2001, terrorist attacks. essary and in accordance with medical treat- SURVIVORS.— ‘‘(C) APPLICATION AND DETERMINATION PROC- ment protocols established under subsection (d). ‘‘(1) SCREENING-ELIGIBLE WTC SURVIVORS.— ESS FOR SCREENING ELIGIBILITY.— ‘‘(B) WITHHOLDING OF PAYMENT FOR MEDI- ‘‘(A) DEFINITION.—In this title, the term ‘‘(i) IN GENERAL.—The WTC Program Admin- CALLY UNNECESSARY TREATMENT.—The Adminis- ‘screening-eligible WTC survivor’ means, subject istrator in consultation with the Data Centers

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shall establish a process for individuals, other ‘‘(B) PROCESS.—In implementing subpara- ‘‘(G) Upper airway hyperreactivity. than individuals described in subparagraph graph (A), the WTC Program Administrator ‘‘(H) Chronic rhinosinusitis. (A)(i), to be determined to be screening-eligible shall— ‘‘(I) Chronic nasopharyngitis. WTC survivors. Under such process— ‘‘(i) limit the number of certifications provided ‘‘(J) Chronic laryngitis. ‘‘(I) there shall be no fee charged to the appli- under paragraph (2)(B)— ‘‘(K) Gastroesophageal reflux disorder cant for making an application for such deter- ‘‘(I) in accordance with such subparagraph; (GERD). mination; and ‘‘(L) Sleep apnea exacerbated by or related to ‘‘(II) the Administrator shall make a deter- ‘‘(II) to such number, as determined by the a condition described in a previous clause. mination on such an application not later than Administrator based on the best available infor- ‘‘(2) MENTAL HEALTH CONDITIONS.— 60 days after the date of filing the application; mation and subject to amounts made available ‘‘(A) Posttraumatic stress disorder (PTSD). ‘‘(III) the Administrator shall make such a de- under section 3351, that will ensure sufficient ‘‘(B) Major depressive disorder. termination relating to an applicant’s compli- funds will be available to provide treatment and ‘‘(C) Panic disorder. ance with this title and shall not determine that monitoring benefits under this title, with respect ‘‘(D) Generalized anxiety disorder. an individual is not so eligible or deny written to all individuals receiving such certifications ‘‘(E) Anxiety disorder (not otherwise speci- documentation under clause (ii) to such indi- through the end of fiscal year 2020; and fied). vidual unless the Administrator determines ‘‘(ii) provide priority in such certifications in ‘‘(F) Depression (not otherwise specified). that— the order in which individuals apply for a deter- ‘‘(G) Acute stress disorder. ‘‘(aa) based on the application submitted, the mination under paragraph (2)(B). ‘‘(H) Dysthymic disorder. individual does not meet the eligibility criteria; ‘‘(4) DISQUALIFICATION OF INDIVIDUALS ON ‘‘(I) Adjustment disorder. or TERRORIST WATCH LIST.—No individual who is ‘‘(J) Substance abuse. ‘‘(bb) the numerical limitation on certifi- on the terrorist watch list maintained by the De- ‘‘(3) ADDITIONAL CONDITIONS.—Any cancer (or cations of certified-eligible WTC survivors set partment of Homeland Security shall qualify as type of cancer) or other condition added to the forth in paragraph (3) has been met; and a screening-eligible WTC survivor or a certified- list in section 3312(a)(3) pursuant to paragraph ‘‘(IV) an individual who is determined not to eligible WTC survivor. Before determining any (5) or (6) of section 3312(a), as such provisions be a screening-eligible WTC survivor shall have individual to be a screening-eligible WTC sur- are applied under subsection (a) with respect to an opportunity to appeal such determination in vivor under paragraph (1) or certifying any in- certified-eligible WTC survivors. a manner established under such process. dividual as a certified eligible WTC survivor ‘‘SEC. 3323. FOLLOWUP MONITORING AND TREAT- ‘‘(ii) WRITTEN DOCUMENTATION OF SCREENING- under paragraph (2), the Administrator, in con- MENT OF OTHER INDIVIDUALS WITH ELIGIBILITY.— sultation with the Secretary of Homeland Secu- WTC-RELATED HEALTH CONDITIONS. ‘‘(I) IN GENERAL.—In the case of an individual rity, shall determine whether the individual is ‘‘(a) IN GENERAL.—Subject to subsection (c), who is described in subparagraph (A)(i) or who on such list. the provisions of section 3322 shall apply to the is determined under clause (i) (consistent with ‘‘(b) INITIAL HEALTH EVALUATION TO DETER- followup monitoring and treatment of WTC-re- paragraph (3)) to be a screening-eligible WTC MINE ELIGIBILITY FOR FOLLOWUP MONITORING lated health conditions in the case of individ- survivor, the WTC Program Administrator shall OR TREATMENT.— uals described in subsection (b) in the same provide an appropriate written documentation ‘‘(1) IN GENERAL.—In the case of a screening- manner as such provisions apply to the followup of such fact. eligible WTC survivor, the WTC Program shall monitoring and treatment of WTC-related ‘‘(II) TIMING.— provide for an initial health evaluation to deter- health conditions for certified-eligible WTC sur- ‘‘(aa) CURRENTLY IDENTIFIED SURVIVORS.—In mine if the survivor has a WTC-related health vivors. the case of an individual who is described in condition and is eligible for followup monitoring ‘‘(b) INDIVIDUALS DESCRIBED.—An individual subparagraph (A)(i), the WTC Program Admin- and treatment benefits under the WTC Program. described in this subsection is an individual istrator shall provide the written documentation Initial health evaluation protocols under section who, regardless of location of residence— under subclause (I) not later than July 1, 2011. 3305(a)(2)(A)(ii) shall be subject to approval by ‘‘(1) is not an enrolled WTC responder or a ‘‘(bb) OTHER MEMBERS.—In the case of an- the WTC Program Administrator. certified-eligible WTC survivor; and other individual who is determined under clause ‘‘(2) INITIAL HEALTH EVALUATION PRO- ‘‘(2) is diagnosed at a Clinical Center of Excel- (i) and consistent with paragraph (3) to be a VIDERS.—The initial health evaluation described lence with a WTC-related health condition for screening-eligible WTC survivor, the WTC Pro- in paragraph (1) shall be provided through a certified-eligible WTC survivors. gram Administrator shall provide the written Clinical Center of Excellence with respect to the ‘‘(c) LIMITATION.— documentation under subclause (I) at the time individual involved. ‘‘(1) IN GENERAL.—The WTC Program Admin- of such determination. ‘‘(3) LIMITATION ON INITIAL HEALTH EVALUA- istrator shall limit benefits for any fiscal year ‘‘(2) CERTIFIED-ELIGIBLE WTC SURVIVORS.— TION BENEFITS.—Benefits for an initial health under subsection (a) in a manner so that pay- ‘‘(A) DEFINITION.—The term ‘certified-eligible evaluation under this part for a screening-eligi- ments under this section for such fiscal year do WTC survivor’ means, subject to paragraph (3), ble WTC survivor shall consist only of a single not exceed the amount specified in paragraph a screening-eligible WTC survivor who the WTC medical initial health evaluation consistent with (2) for such fiscal year. Program Administrator certifies under subpara- initial health evaluation protocols described in ‘‘(2) LIMITATION.—The amount specified in graph (B) to be eligible for followup monitoring paragraph (1). Nothing in this paragraph shall this paragraph for— and treatment under this part. be construed as preventing such an individual ‘‘(A) the last calendar quarter of fiscal year ‘‘(B) CERTIFICATION OF ELIGIBILITY FOR MONI- from seeking additional medical initial health 2011 is $5,000,000; TORING AND TREATMENT.— evaluations at the expense of the individual. ‘‘(B) fiscal year 2012 is $20,000,000; or ‘‘(i) IN GENERAL.—The WTC Program Admin- ‘‘SEC. 3322. FOLLOWUP MONITORING AND TREAT- ‘‘(C) a succeeding fiscal year is the amount istrator shall establish a certification process MENT OF CERTIFIED-ELIGIBLE WTC specified in this paragraph for the previous fis- under which the Administrator shall provide ap- SURVIVORS FOR WTC-RELATED cal year increased by the annual percentage in- propriate certification to screening-eligible WTC HEALTH CONDITIONS. crease in the medical care component of the con- survivors who, pursuant to the initial health ‘‘(a) IN GENERAL.—Subject to subsection (b), sumer price index for all urban consumers. evaluation under subsection (b), are determined the provisions of sections 3311 and 3312 shall ‘‘PART 3—PAYOR PROVISIONS to be eligible for followup monitoring and treat- apply to followup monitoring and treatment of ment under this part. WTC-related health conditions for certified-eli- ‘‘SEC. 3331. PAYMENT OF CLAIMS. ‘‘(ii) TIMING.— gible WTC survivors in the same manner as such ‘‘(a) IN GENERAL.—Except as provided in sub- ‘‘(I) CURRENTLY IDENTIFIED SURVIVORS.—In provisions apply to the monitoring and treat- sections (b) and (c), the cost of monitoring and the case of an individual who is described in ment of WTC-related health conditions for en- treatment benefits and initial health evaluation paragraph (1)(A)(i), the WTC Program Adminis- rolled WTC responders. benefits provided under parts 1 and 2 of this trator shall provide the certification under ‘‘(b) LIST OF WTC-RELATED HEALTH CONDI- subtitle shall be paid for by the WTC Program clause (i) not later than July 1, 2011. TIONS FOR SURVIVORS.—The list of health condi- from the World Trade Center Health Program ‘‘(II) OTHER MEMBERS.—In the case of an- tions for screening-eligible WTC survivors and Fund. other individual who is determined under clause certified-eligible WTC survivors consists of the ‘‘(b) WORKERS’ COMPENSATION PAYMENT.— (i) to be eligible for followup monitoring and following: ‘‘(1) IN GENERAL.—Subject to paragraph (2), treatment, the WTC Program Administrator ‘‘(1) AERODIGESTIVE DISORDERS.— payment for treatment under parts 1 and 2 of shall provide the certification under such clause ‘‘(A) Interstitial lung diseases. this subtitle of a WTC-related health condition at the time of such determination. ‘‘(B) Chronic respiratory disorder—fumes/va- of an individual that is work-related shall be re- ‘‘(3) NUMERICAL LIMITATION ON CERTIFIED-ELI- pors. duced or recouped to the extent that the WTC GIBLE WTC SURVIVORS.— ‘‘(C) Asthma. Program Administrator determines that payment ‘‘(A) IN GENERAL.—The total number of indi- ‘‘(D) Reactive airways dysfunction syndrome has been made, or can reasonably be expected to viduals not described in paragraph (1)(A)(i) who (RADS). be made, under a workers’ compensation law or may be certified as certified-eligible WTC sur- ‘‘(E) WTC-exacerbated chronic obstructive plan of the United States, a State, or a locality, vivors under paragraph (2)(B) shall not exceed pulmonary disease (COPD). or other work-related injury or illness benefit 25,000 at any time. ‘‘(F) Chronic cough syndrome. plan of the employer of such individual, for

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0688 Sfmt 6333 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23583 such treatment. The provisions of clauses (iii), agrees, in a form and manner specified by the WTC Administrator, with respect to a fiscal (iv), (v), and (vi) of paragraph (2)(B) of section Administrator, to pay the full contribution de- year, to reduce the numerical limitation under 1862(b) of the Social Security Act and para- scribed in subparagraph (B) in accordance with section 3311(a)(4) or 3321(a)(3) for such fiscal graphs (3) and (4) of such section shall apply to this subsection on a timely basis, plus any inter- year if New York City fails to comply with para- the recoupment under this subsection of a pay- est owed pursuant to subparagraph (E)(i). Such graph (1) for a calendar quarter in such fiscal ment to the WTC Program (with respect to a contract shall specify the terms under which year. workers’ compensation law or plan, or other New York City shall be considered to have made ‘‘(e) WORK-RELATED DESCRIBED.—For the work-related injury or illness plan of the em- the full payment required for a quarter for pur- purposes of this section, a WTC-related health ployer involved, and such individual) in the poses of subsection (b)(2). condition shall be treated as a condition that is same manner as such provisions apply to the re- ‘‘(B) FULL CONTRIBUTION AMOUNT.—Under work-related if— imbursement of a payment under section such contract, with respect to the last calendar ‘‘(1) the condition is diagnosed in an enrolled 1862(b)(2) of such Act to the Secretary (with re- quarter of fiscal year 2011 and each calendar WTC responder, or in an individual who quali- spect to such a law or plan and an individual quarter in fiscal years 2012 through 2015 the full fies as a certified-eligible WTC survivor on the entitled to benefits under title XVIII of such contribution amount under this subparagraph basis of being a rescue, recovery, or cleanup Act) except that any reference in such para- shall be equal to 10 percent of the expenditures worker; or graph (4) to payment rates under title XVIII of in carrying out this title for the respective quar- ‘‘(2) with respect to the condition the indi- the Social Security Act shall be deemed a ref- ter and with respect to calendar quarters in fis- vidual has filed and had established a claim erence to payment rates under this title. cal year 2016, such full contribution amount under a workers’ compensation law or plan of ‘‘(2) EXCEPTION.—Paragraph (1) shall not shall be equal to 1⁄9 of the Federal expenditures the United States or a State, or other work-re- apply for any quarter, with respect to any in carrying out this title for the respective quar- lated injury or illness benefit plan of the em- workers’ compensation law or plan, including ter. ployer of such individual. line of duty compensation, to which New York ‘‘(C) SATISFACTION OF PAYMENT OBLIGATION.— ‘‘SEC. 3332. ADMINISTRATIVE ARRANGEMENT AU- City is obligated to make payments, if, in ac- The payment obligation under such contract THORITY. cordance with terms specified under the con- may not be satisfied through any of the fol- ‘‘The WTC Program Administrator may enter tract under subsection (d)(1)(A), New York City lowing: into arrangements with other government agen- has made the full payment required under such ‘‘(i) An amount derived from Federal sources. cies, insurance companies, or other third-party contract for such quarter. ‘‘(ii) An amount paid before the date of the administrators to provide for timely and accu- ‘‘(3) RULES OF CONSTRUCTION.—Nothing in enactment of this title. rate processing of claims under sections 3312, this title shall be construed to affect, modify, or ‘‘(iii) An amount paid to satisfy a judgment or 3313, 3322, and 3323. relieve any obligations under a worker’s com- as part of a settlement related to injuries or ill- ‘‘Subtitle C—Research Into Conditions pensation law or plan, other work-related in- nesses arising out of the September 11, 2001, ter- ‘‘SEC. 3341. RESEARCH REGARDING CERTAIN jury or illness benefit plan of an employer, or rorist attacks. HEALTH CONDITIONS RELATED TO any health insurance plan. ‘‘(D) TIMING OF CONTRIBUTION.—The payment SEPTEMBER 11 TERRORIST ATTACKS. ‘‘(c) HEALTH INSURANCE COVERAGE.— obligation under such contract for a calendar ‘‘(a) IN GENERAL.—With respect to individ- ‘‘(1) IN GENERAL.—In the case of an individual quarter in a fiscal year shall be paid not later uals, including enrolled WTC responders and who has a WTC-related health condition that is than the last day of the second succeeding cal- certified-eligible WTC survivors, receiving moni- not work-related and has health coverage for endar quarter. toring or treatment under subtitle B, the WTC such condition through any public or private ‘‘(E) COMPLIANCE.— Program Administrator shall conduct or sup- health plan (including health benefits under ‘‘(i) INTEREST FOR LATE PAYMENT.—If New port— title XVIII, XIX, or XXI of the Social Security York City fails to pay to the WTC Program Ad- ‘‘(1) research on physical and mental health Act) the provisions of section 1862(b) of the So- ministrator pursuant to such contract the conditions that may be related to the September cial Security Act shall apply to such a health amount required for any calendar quarter by 11, 2001, terrorist attacks; ‘‘(2) research on diagnosing WTC-related plan and such individual in the same manner as the day specified in subparagraph (D), interest health conditions of such individuals, in the they apply to group health plan and an indi- shall accrue on the amount not so paid at the case of conditions for which there has been di- vidual entitled to benefits under title XVIII of rate (determined by the Administrator) based on the average yield to maturity, plus 1 percentage agnostic uncertainty; and such Act pursuant to section 226(a) of such Act. ‘‘(3) research on treating WTC-related health point, on outstanding municipal bonds issued by Any costs for items and services covered under conditions of such individuals, in the case of New York City with a remaining maturity of at such plan that are not reimbursed by such conditions for which there has been treatment least 1 year. health plan, due to the application of uncertainty. deductibles, copayments, coinsurance, other cost ‘‘(ii) RECOVERY OF AMOUNTS OWED.—The The Administrator may provide such support sharing, or otherwise, are reimbursable under amounts owed to the WTC Program Adminis- through continuation and expansion of research this title to the extent that they are covered trator under such contract shall be recoverable that was initiated before the date of the enact- under the WTC Program. The program under by the United States in an action in the same ment of this title and through the World Trade this title shall not be treated as a legally liable manner as payments made under title XVIII of Center Health Registry (referred to in section party for purposes of applying section the Social Security Act may be recoverable in an 3342), through a Clinical Center of Excellence, 1902(a)(25) of the Social Security Act. action brought under section 1862(b)(2)(B)(iii) of or through a Data Center. ‘‘(2) RECOVERY BY INDIVIDUAL PROVIDERS.— such Act. ‘‘(b) TYPES OF RESEARCH.—The research Nothing in paragraph (1) shall be construed as ‘‘(F) DEPOSIT IN FUND.—The WTC Program under subsection (a)(1) shall include epidemio- requiring an entity providing monitoring and Administer shall deposit amounts paid under logic and other research studies on WTC-related treatment under this title to seek reimbursement such contract into the World Trade Center Health Program Fund under section 3351. health conditions or emerging conditions— under a health plan with which the entity has ‘‘(1) among enrolled WTC responders and cer- ‘‘(2) PAYMENT OF NEW YORK CITY SHARE OF no contract for reimbursement. tified-eligible WTC survivors under treatment; MONITORING AND TREATMENT COSTS.—With re- ‘‘(3) MAINTENANCE OF REQUIRED MINIMUM ES- and spect to each calendar quarter for which a con- SENTIAL COVERAGE.—No payment may be made ‘‘(2) in sampled populations outside the New tribution is required by New York City under for monitoring and treatment under this title for York City disaster area in Manhattan as far the contract under paragraph (1), the WTC Pro- an individual for a month (beginning with July north as 14th Street and in Brooklyn, along gram Administrator shall— 2014) if with respect to such month the indi- with control populations, to identify potential ‘‘(A) provide New York City with an estimate vidual— for long-term adverse health effects in less ex- of such amount of the required contribution at ‘‘(A) is an applicable individual (as defined in posed populations. subsection (d) of section 5000A of Internal Rev- the beginning of such quarter and with an up- ‘‘(c) CONSULTATION.—The WTC Program Ad- enue Code of 1986) for whom the exemption dated estimate of such amount at the beginning ministrator shall carry out this section in con- under subsection (e) of such section does not of each of the subsequent 2 quarters; sultation with the WTC Scientific/Technical Ad- apply; and ‘‘(B) bill such amount directly to New York visory Committee. ‘‘(B) is not covered under minimum essential City; and ‘‘(d) APPLICATION OF PRIVACY AND HUMAN coverage, as required under subsection (a) of ‘‘(C) certify periodically, for purposes of this SUBJECT PROTECTIONS.—The privacy and such section. subsection, whether or not New York City has human subject protections applicable to re- ‘‘(d) REQUIRED CONTRIBUTION BY NEW YORK paid the amount so billed. search conducted under this section shall not be CITY IN PROGRAM COSTS.— Such amount shall initially be estimated by the less than such protections applicable to research ‘‘(1) CONTRACT REQUIREMENT.— WTC Program Administrator and shall be sub- conducted or funded by the Department of ‘‘(A) IN GENERAL.—No funds may be disbursed ject to adjustment and reconciliation based Health and Human Services. from the World Trade Center Health Program upon actual expenditures in carrying out this ‘‘SEC. 3342. WORLD TRADE CENTER HEALTH REG- Fund under section 3351 unless New York City title. ISTRY. has entered into a contract with the WTC Pro- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this ‘‘For the purpose of ensuring ongoing data gram Administrator under which New York City subsection shall be construed as authorizing the collection relating to victims of the September

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0688 Sfmt 6333 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23584 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 11, 2001, terrorist attacks, the WTC Program Ad- out subtitle B with respect to WTC responders TITLE II—SEPTEMBER 11TH VICTIM ministrator shall ensure that a registry of such described in section 3311(a)(2)(A)(ii)— COMPENSATION FUND OF 2001 victims is maintained that is at least as com- ‘‘(A) for the last calendar quarter of fiscal SEC. 201. DEFINITIONS. prehensive as the World Trade Center Health year 2011, $100,000; Section 402 of the Air Transportation Safety Registry maintained under the arrangements in ‘‘(B) for fiscal year 2012, $400,000; and and System Stabilization Act (49 U.S.C. 40101 effect as of April 20, 2009, with the New York ‘‘(C) for each subsequent fiscal year, the note) is amended— City Department of Health and Mental Hygiene. amount specified under this paragraph for the (1) in paragraph (6) by inserting ‘‘, or debris ‘‘Subtitle D—Funding previous fiscal year increased by the percentage removal, including under the World Trade Cen- increase in the consumer price index for all ter Health Program established under section ‘‘SEC. 3351. WORLD TRADE CENTER HEALTH PRO- urban consumers (all items; United States city GRAM FUND. 3001 of the Public Health Service Act, and pay- average) as estimated by the Secretary for the ‘‘(a) ESTABLISHMENT OF FUND.— ments made pursuant to the settlement of a civil ‘‘(1) IN GENERAL.—There is established a fund 12-month period ending with March of the pre- action described in section 405(c)(3)(C)(iii)’’ to be known as the World Trade Center Health vious year. after ‘‘September 11, 2001’’; Program Fund (referred to in this section as the ‘‘(2) WTC HEALTH PROGRAM SCIENTIFIC/TECH- (2) by inserting after paragraph (6) the fol- ‘Fund’). NICAL ADVISORY COMMITTEE.—For the purpose lowing new paragraphs and redesignating sub- ‘‘(2) FUNDING.—Out of any money in the of carrying out section 3302(a)— sequent paragraphs accordingly: Treasury not otherwise appropriated, there ‘‘(A) for the last calendar quarter of fiscal ‘‘(7) CONTRACTOR AND SUBCONTRACTOR.—The shall be deposited into the Fund for each of fis- year 2011, $25,000; term ‘contractor and subcontractor’ means any cal years 2012 through 2016 (and the last cal- ‘‘(B) for fiscal year 2012, $100,000; and contractor or subcontractor (at any tier of a ‘‘(C) for each subsequent fiscal year, the endar quarter of fiscal year 2011)— subcontracting relationship), including any gen- ‘‘(A) the Federal share, consisting of an amount specified under this paragraph for the eral contractor, construction manager, prime amount equal to the lesser of— previous fiscal year increased by the percentage contractor, consultant, or any parent, sub- ‘‘(i) 90 percent of the expenditures in carrying increase in the consumer price index for all sidiary, associated or allied company, affiliated out this title for the respective fiscal year (ini- urban consumers (all items; United States city company, corporation, firm, organization, or tially based on estimates, subject to subsequent average) as estimated by the Secretary for the joint venture thereof that participated in debris reconciliation based on actual expenditures); or 12-month period ending with March of the pre- removal at any 9/11 crash site. Such term shall ‘‘(ii)(I) $71,000,000 for the last calendar quar- vious year. not include any entity, including the Port Au- ter of fiscal year 2011, $318,000,000 for fiscal year ‘‘(3) EDUCATION AND OUTREACH.—For the pur- thority of New York and New Jersey, with a 2012, $354,000,000 for fiscal year 2013, pose of carrying out section 3303— property interest in the World Trade Center, on ‘‘(A) for the last calendar quarter of fiscal $382,000,000 for fiscal year 2014, and $431,000,000 September 11, 2001, whether fee simple, leasehold year 2011, $500,000; for fiscal year 2015; and or easement, direct or indirect. ‘‘(B) for fiscal year 2012, $2,000,000; and ‘‘(II) subject to paragraph (4), an additional ‘‘(8) DEBRIS REMOVAL.—The term ‘debris re- ‘‘(C) for each subsequent fiscal year, the amount for fiscal year 2016 from unexpended moval’ means rescue and recovery efforts, re- amount specified under this paragraph for the amounts for previous fiscal years; plus moval of debris, cleanup, remediation, and re- previous fiscal year increased by the percentage ‘‘(B) the New York City share, consisting of sponse during the immediate aftermath of the increase in the consumer price index for all the amount contributed under the contract terrorist-related aircraft crashes of September urban consumers (all items; United States city under section 3331(d). 11, 2001, with respect to a 9/11 crash site.’’; ‘‘(3) CONTRACT REQUIREMENT.— average) as estimated by the Secretary for the (3) by inserting after paragraph (10), as so re- ‘‘(A) IN GENERAL.—No funds may be disbursed 12-month period ending with March of the pre- designated, the following new paragraph and from the Fund unless New York City has en- vious year. redesignating the subsequent paragraphs ac- NIFORM DATA COLLECTION.—For the tered into a contract with the WTC Program Ad- ‘‘(4) U cordingly: ministrator under section 3331(d)(1). purpose of carrying out section 3304 and for re- ‘‘(11) IMMEDIATE AFTERMATH.—The term ‘im- ‘‘(B) BREACH OF CONTRACT.—In the case of a imbursing Data Centers (as defined in section mediate aftermath’ means any period beginning failure to pay the amount so required under the 3305(b)(2)) for the costs incurred by such Centers with the terrorist-related aircraft crashes of Sep- contract— in carrying out activities under contracts en- tember 11, 2001, and ending on May 30, 2002.’’; ‘‘(i) the amount is recoverable under subpara- tered into under section 3305(a)(2)— and graph (E)(ii) of such section; ‘‘(A) for the last calendar quarter of fiscal (4) by adding at the end the following new ‘‘(ii) such failure shall not affect the disburse- year 2011, $2,500,000; paragraph: ment of amounts from the Fund; and ‘‘(B) for fiscal year 2012, $10,000,000; and ‘‘(14) 9/11 CRASH SITE.—The term ‘9/11 crash ‘‘(iii) the Federal share described in para- ‘‘(C) for each subsequent fiscal year, the site’ means— graph (2)(A) shall not be increased by the amount specified under this paragraph for the ‘‘(A) the World Trade Center site, Pentagon amount so unpaid. previous fiscal year increased by the percentage site, and Shanksville, Pennsylvania site; ‘‘(4) AGGREGATE LIMITATION ON FUNDING BE- increase in the consumer price index for all ‘‘(B) the buildings or portions of buildings GINNING WITH FISCAL YEAR 2016.—Beginning with urban consumers (all items; United States city that were destroyed as a result of the terrorist- fiscal year 2016, in no case shall the share of average) as estimated by the Secretary for the related aircraft crashes of September 11, 2001; Federal funds deposited into the Fund under 12-month period ending with March of the pre- ‘‘(C) any area contiguous to a site of such paragraph (2) for such fiscal year and previous vious year. crashes that the Special Master determines was fiscal years and quarters exceed the sum of the ‘‘(5) RESEARCH REGARDING CERTAIN HEALTH sufficiently close to the site that there was a de- amounts specified in paragraph (2)(A)(ii)(I). CONDITIONS.—For the purpose of carrying out monstrable risk of physical harm resulting from ‘‘(b) MANDATORY FUNDS FOR MONITORING, section 3341— the impact of the aircraft or any subsequent INITIAL HEALTH EVALUATIONS, TREATMENT, AND ‘‘(A) for the last calendar quarter of fiscal fire, explosions, or building collapses (including CLAIMS PROCESSING.— year 2011, $3,750,000; the immediate area in which the impact oc- ‘‘(1) IN GENERAL.—The amounts deposited into ‘‘(B) for fiscal year 2012, $15,000,000; and curred, fire occurred, portions of buildings fell, the Fund under subsection (a)(2) shall be avail- ‘‘(C) for each subsequent fiscal year, the or debris fell upon and injured individuals); and able, without further appropriation, consistent amount specified under this paragraph for the ‘‘(D) any area related to, or along, routes of with paragraph (2) and subsection (c), to carry previous fiscal year increased by the percentage debris removal, such as barges and Fresh out subtitle B and sections 3302(a), 3303, 3304, increase in the consumer price index for all Kills.’’. 3305(a)(2), 3305(c), 3341, and 3342. urban consumers (all items; United States city SEC. 202. EXTENDED AND EXPANDED ELIGIBILITY ‘‘(2) LIMITATION ON MANDATORY FUNDING.— average) as estimated by the Secretary for the FOR COMPENSATION. This title does not establish any Federal obliga- 12-month period ending with March of the pre- (a) INFORMATION ON LOSSES RESULTING FROM tion for payment of amounts in excess of the vious year. DEBRIS REMOVAL INCLUDED IN CONTENTS OF amounts available from the Fund for such pur- ‘‘(6) WORLD TRADE CENTER HEALTH REG- CLAIM FORM.—Section 405(a)(2)(B) of the Air pose. ISTRY.—For the purpose of carrying out section Transportation Safety and System Stabilization ‘‘(3) LIMITATION ON AUTHORIZATION FOR FUR- 3342— Act (49 U.S.C. 40101 note) is amended— THER APPROPRIATIONS.—This title does not es- ‘‘(A) for the last calendar quarter of fiscal (1) in clause (i), by inserting ‘‘, or debris re- tablish any authorization for appropriation of year 2011, $1,750,000; moval during the immediate aftermath’’ after amounts in excess of the amounts available from ‘‘(B) for fiscal year 2012, $7,000,000; and ‘‘September 11, 2001’’; the Fund under paragraph (1). ‘‘(C) for each subsequent fiscal year, the (2) in clause (ii), by inserting ‘‘or debris re- ‘‘(c) LIMITS ON SPENDING FOR CERTAIN PUR- amount specified under this paragraph for the moval during the immediate aftermath’’ after POSES.—Of the amounts made available under previous fiscal year increased by the percentage ‘‘crashes’’; and subsection (b)(1), not more than each of the fol- increase in the consumer price index for all (3) in clause (iii), by inserting ‘‘or debris re- lowing amounts may be available for each of the urban consumers (all items; United States city moval during the immediate aftermath’’ after following purposes: average) as estimated by the Secretary for the ‘‘crashes’’. ‘‘(1) SURVIVING IMMEDIATE FAMILY MEMBERS 12-month period ending with March of the pre- (b) EXTENSION OF DEADLINE FOR CLAIMS OF FIREFIGHTERS.—For the purposes of carrying vious year.’’. UNDER SEPTEMBER 11TH VICTIM COMPENSATION

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FUND OF 2001.—Section 405(a)(3) of such Act is Act is amended in paragraph (2)(A)(ii), by in- greater of the City of New York’s insurance cov- amended to read as follows: serting ‘‘or debris removal’’ after ‘‘air crash’’. erage or $350,000,000. In determining the amount ‘‘(3) LIMITATION.— (f) LIMITATIONS ON CIVIL ACTIONS.— of the City’s insurance coverage for purposes of ‘‘(A) IN GENERAL.—Except as provided by sub- (1) APPLICATION TO DAMAGES RELATED TO DE- the previous sentence, any amount described in paragraph (B), no claim may be filed under BRIS REMOVAL.—Clause (i) of section 405(c)(3)(C) subparagraphs (A) and (B) shall not be in- paragraph (1) after the date that is 2 years after of such Act, as redesignated by subsection (c), is cluded. the date on which regulations are promulgated amended by inserting ‘‘, or for damages arising ‘‘(D) As it relates to the limitation of liability under section 407(a). from or related to debris removal’’ after ‘‘Sep- of any entity, including the Port Authority of ‘‘(B) EXCEPTION.—A claim may be filed under tember 11, 2001’’. New York and New Jersey, with a property in- paragraph (1), in accordance with subsection (2) PENDING ACTIONS.—Clause (ii) of such sec- terest in the World Trade Center on September (c)(3)(A)(i), by an individual (or by a personal tion, as so redesignated, is amended to read as 11, 2001 (whether fee simple, leasehold or ease- representative on behalf of a deceased indi- follows: ment, or direct or indirect), the amount of all vidual) during the period beginning on the date ‘‘(ii) PENDING ACTIONS.—In the case of an in- available liability insurance coverage main- on which the regulations are updated under sec- dividual who is a party to a civil action de- tained by any such entity. tion 407(b) and ending on the date that is 5 scribed in clause (i), such individual may not ‘‘(E) As it relates to the limitation of liability years after the date on which such regulations submit a claim under this title— of any individual contractor or subcontractor, are updated.’’. ‘‘(I) during the period described in subsection the amount of all available liability insurance (c) REQUIREMENTS FOR FILING CLAIMS DURING (a)(3)(A) unless such individual withdraws from coverage maintained by such contractor or sub- EXTENDED FILING PERIOD.—Section 405(c)(3) of such action by the date that is 90 days after the contractor on September 11, 2001. such Act is amended— date on which regulations are promulgated ‘‘(5) PRIORITY OF CLAIMS PAYMENTS.—Pay- (1) by redesignating subparagraphs (A) and under section 407(a); and ments to plaintiffs who obtain a settlement or (B) as subparagraphs (B) and (C), respectively; ‘‘(II) during the period described in subsection judgment with respect to a claim or action to and (a)(3)(B) unless such individual withdraws from which paragraph (4) applies, shall be paid sole- (2) by inserting before subparagraph (B), as so such action by the date that is 90 days after the ly from the following funds in the following redesignated, the following new subparagraph: date on which the regulations are updated order, as may be applicable: under section 407(b).’’. ‘‘(A) REQUIREMENTS FOR FILING CLAIMS DUR- ‘‘(A) The funds described in subparagraph (A) (3) SETTLED ACTIONS.—Such section, as so re- ING EXTENDED FILING PERIOD.— or (B) of paragraph (4). designated, is further amended by adding at the ‘‘(i) TIMING REQUIREMENTS FOR FILING ‘‘(B) If there are no funds available as de- end the following new clause: CLAIMS.—An individual (or a personal rep- scribed in subparagraph (A) or (B) of paragraph ‘‘(iii) SETTLED ACTIONS.—In the case of an in- resentative on behalf of a deceased individual) (4), the funds described in subparagraph (C) of dividual who settled a civil action described in such paragraph. may file a claim during the period described in clause (i), such individual may not submit a subsection (a)(3)(B) as follows: ‘‘(C) If there are no funds available as de- claim under this title unless such action was scribed in subparagraph (A), (B), or (C) of para- ‘‘(I) In the case that the Special Master deter- commenced after December 22, 2003, and a re- mines the individual knew (or reasonably graph (4), the funds described in subparagraph lease of all claims in such action was tendered (D) of such paragraph. should have known) before the date specified in prior to the date on which the James Zadroga 9/ clause (iii) that the individual suffered a phys- ‘‘(D) If there are no funds available as de- 11 Health and Compensation Act of 2010 was en- scribed in subparagraph (A), (B), (C), or (D) of ical harm at a 9/11 crash site as a result of the acted.’’. terrorist-related aircraft crashes of September paragraph (4), the funds described in subpara- 11, 2001, or as a result of debris removal, and SEC. 203. REQUIREMENT TO UPDATE REGULA- graph (E) of such paragraph. TIONS. ‘‘(6) DECLARATORY JUDGMENT ACTIONS AND DI- that the individual knew (or should have Section 407 of the Air Transportation Safety RECT ACTION.—Any claimant to a claim or ac- known) before such specified date that the indi- and System Stabilization Act (49 U.S.C. 40101 tion to which paragraph (4) applies may, with vidual was eligible to file a claim under this note) is amended— respect to such claim or action, either file an ac- title, the individual may file a claim not later (1) by striking ‘‘Not later than’’ and inserting tion for a declaratory judgment for insurance than the date that is 2 years after such specified ‘‘(a) IN GENERAL.—Not later than’’; and coverage or bring a direct action against the in- date. (2) by adding at the end the following new surance company involved, except that no such ‘‘(II) In the case that the Special Master de- subsection: action for declaratory judgment or direct action termines the individual first knew (or reason- ‘‘(b) UPDATED REGULATIONS.—Not later than may be commenced until after the funds avail- ably should have known) on or after the date 180 days after the date of the enactment of the able in subparagraph (A), (B), (C), and (D) of specified in clause (iii) that the individual suf- James Zadroga 9/11 Health and Compensation paragraph (5) have been exhausted consistent fered such a physical harm or that the indi- Act of 2010, the Special Master shall update the with the order described in such paragraph for vidual first knew (or should have known) on or regulations promulgated under subsection (a) to payment.’’. after such specified date that the individual was the extent necessary to comply with the provi- SEC. 205. FUNDING; ATTORNEY FEES. eligible to file a claim under this title, the indi- sions of title II of such Act.’’. vidual may file a claim not later than the last Section 406 of the Air Transportation Safety SEC. 204. LIMITED LIABILITY FOR CERTAIN and System Stabilization Act (49 U.S.C. 40101 day of the 2-year period beginning on the date CLAIMS. the Special Master determines the individual note) is amended— Section 408(a) of the Air Transportation Safe- (1) in subsection (a), by striking ‘‘Not later first knew (or should have known) that the in- ty and System Stabilization Act (49 U.S.C. 40101 than’’ and inserting ‘‘Subject to the limitations dividual both suffered from such harm and was note) is amended by adding at the end the fol- under subsection (d), not later than’’; eligible to file a claim under this title. lowing new paragraphs: (2) in subsection (b)— THER ELIGIBILITY REQUIREMENTS FOR ‘‘(ii) O ‘‘(4) LIABILITY FOR CERTAIN CLAIMS.—Not- (A) by inserting ‘‘in the amounts provided FILING CLAIMS.—An individual may file a claim withstanding any other provision of law, liabil- under subsection (d)(1)’’ after ‘‘appropriations during the period described in subsection ity for all claims and actions (including claims Acts’’; and (a)(3)(B) only if— or actions that have been previously resolved, (B) by inserting ‘‘subject to the limitations ‘‘(I) the individual was treated by a medical that are currently pending, and that may be under subsection (d)’’ before the period; and professional for suffering from a physical harm filed) for compensatory damages, contribution (3) by adding at the end the following new described in clause (i)(I) within a reasonable or indemnity, or any other form or type of relief, subsections: time from the date of discovering such harm; arising from or related to debris removal, ‘‘(d) LIMITATION.— and against the City of New York, any entity (in- ‘‘(1) IN GENERAL.—The total amount of Fed- ‘‘(II) the individual’s physical harm is verified cluding the Port Authority of New York and eral funds paid for compensation under this by contemporaneous medical records created by New Jersey) with a property interest in the title, with respect to claims filed on or after the or at the direction of the medical professional World Trade Center on September 11, 2001 date on which the regulations are updated who provided the medical care. (whether fee simple, leasehold or easement, or under section 407(b), shall not exceed ‘‘(iii) DATE SPECIFIED.—The date specified in direct or indirect) and any contractors and sub- $2,775,000,000. Of such amounts, not to exceed this clause is the date on which the regulations contractors, shall not be in an amount that ex- $875,000,000 shall be available to pay such are updated under section 407(a).’’. ceeds the sum of the following, as may be appli- claims during the 5-year period beginning on (d) CLARIFYING APPLICABILITY TO ALL 9/11 cable: such date. CRASH SITES.—Section 405(c)(2)(A)(i) of such ‘‘(A) The amount of funds of the WTC Captive ‘‘(2) PRO-RATION AND PAYMENT OF REMAINING Act is amended by striking ‘‘or the site of the Insurance Company, including the cumulative CLAIMS.— aircraft crash at Shanksville, Pennsylvania’’ interest. ‘‘(A) IN GENERAL.—The Special Master shall and inserting ‘‘the site of the aircraft crash at ‘‘(B) The amount of all available insurance ratably reduce the amount of compensation due Shanksville, Pennsylvania, or any other 9/11 identified in schedule 2 of the WTC Captive In- claimants under this title in a manner to ensure, crash site’’. surance Company insurance policy. to the extent possible, that— (e) INCLUSION OF PHYSICAL HARM RESULTING ‘‘(C) As it relates to the limitation of liability ‘‘(i) all claimants who, before application of FROM DEBRIS REMOVAL.—Section 405(c) of such of the City of New York, the amount that is the the limitation under the second sentence of

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0688 Sfmt 6333 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23586 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 paragraph (1), would have been determined to specified Federal procurement payment a tax The SPEAKER pro tempore. Pursu- be entitled to a payment under this title during equal to 2 percent of the amount of such speci- ant to the order of the House of today, such 5-year period, receive a payment during fied Federal procurement payment. the motion shall be debatable for 30 ‘‘(b) SPECIFIED FEDERAL PROCUREMENT PAY- such period; and minutes equally divided and controlled ‘‘(ii) the total amount of all such payments MENT.—For purposes of this section, the term made during such 5-year period do not exceed ‘specified Federal procurement payment’ means by the chair and ranking minority the amount available under the second sentence any payment made pursuant to a contract with member of the Committee on Energy of paragraph (1) to pay claims during such pe- the Government of the United States for— and Commerce. riod. ‘‘(1) the provision of goods, if such goods are The gentleman from New Jersey (Mr. ‘‘(B) PAYMENT OF REMAINDER OF CLAIM manufactured or produced in any country PALLONE) and the gentleman from AMOUNTS.—In any case in which the amount of which is not a party to an international pro- Texas (Mr. BURGESS) each will control a claim is ratably reduced pursuant to subpara- curement agreement with the United States, or 15 minutes. graph (A), on or after the first day after the 5- ‘‘(2) the provision of services, if such services year period described in paragraph (1), but in are provided in any country which is not a The Chair recognizes the gentleman no event later than 1 year after such 5-year pe- party to an international procurement agree- from New Jersey. riod, the Special Master shall pay to the claim- ment with the United States. GENERAL LEAVE ant the amount that is equal to the difference ‘‘(c) FOREIGN PERSON.—For purposes of this Mr. PALLONE. Madam Speaker, I between— section, the term ‘foreign person’ means any ‘‘(i) the amount that the claimant would have person other than a United States person. ask unanimous consent that all Mem- been paid under this title during such period ‘‘(d) ADMINISTRATIVE PROVISIONS.— bers may have 5 legislative days in without regard to the limitation under the sec- ‘‘(1) WITHHOLDING.—The amount deducted which to revise and extend their re- ond sentence of paragraph (1) applicable to and withheld under chapter 3 shall be increased marks and include extraneous material such period; and by the amount of tax imposed by this section on in the RECORD. ‘‘(ii) the amount the claimant was paid under such payment. The SPEAKER pro tempore. Is there ‘‘(2) OTHER ADMINISTRATIVE PROVISIONS.—For this title during such period. objection to the request of the gen- ‘‘(C) TERMINATION.—Upon completion of all purposes of subtitle F, any tax imposed by this payments pursuant to this subsection, the Vic- section shall be treated as a tax imposed by sub- tleman from New Jersey? tim’s Compensation Fund shall be permanently title A.’’. There was no objection. closed. (2) CLERICAL AMENDMENT.—The table of chap- Mr. PALLONE. Madam Speaker, I ‘‘(e) ATTORNEY FEES.— ters for subtitle D of the Internal Revenue Code yield to myself such time as I may con- ‘‘(1) IN GENERAL.—Notwithstanding any con- of 1986 is amended by adding at the end the fol- sume. lowing new item: tract, the representative of an individual may I rise in strong support of the Senate not charge, for services rendered in connection ‘‘CHAPTER 50—FOREIGN PROCUREMENT’’. with the claim of an individual under this title, amendment to H.R. 847, the James (3) EFFECTIVE DATE.—The amendments made Zadroga 9/11 Health and Compensation more than 10 percent of an award made under by this subsection shall apply to payments re- this title on such claim. ceived pursuant to contracts entered into on Act of 2019. Today, this body, for the ‘‘(2) LIMITATION.— and after the date of the enactment of this Act. third time, will vote on legislation to ‘‘(A) IN GENERAL.—Except as provided in sub- (b) PROHIBITION ON REIMBURSEMENT OF finally keep our promise and take care paragraph (B), in the case of an individual who FEES.— of the heroes of 9/11. was charged a legal fee in connection with the (1) IN GENERAL.—The head of each executive I would like to thank the bill’s spon- settlement of a civil action described in section agency shall take any and all measures nec- sors, Representatives CAROLYN MALO- 405(c)(3)(C)(iii), the representative of the indi- essary to ensure that no funds are disbursed to NEY and JERRY NADLER, as well as my vidual may not charge any amount for com- any foreign contractor in order to reimburse the pensation for services rendered in connection tax imposed under section 5000C of the Internal colleagues from New York on the com- with a claim filed under this title. Revenue Code of 1986. mittee, ELIOT ENGEL and ANTHONY WEI- ‘‘(B) EXCEPTION.—If the legal fee charged in (2) ANNUAL REVIEW.—The Administrator for NER, also, for their tireless work on be- connection with the settlement of a civil action Federal Procurement Policy shall annually re- half of this legislation. described in section 405(c)(3)(C)(iii) of an indi- view the contracting activities of each executive Madam Speaker, this bill would es- vidual is less than 10 percent of the aggregate agency to monitor compliance with the require- amount of compensation awarded to such indi- tablish the World Trade Center Health ments of paragraph (1). Program, a program to screen, monitor vidual through such settlement, the representa- (3) EXECUTIVE AGENCY.—For purposes of this tive of such individual may charge an amount subsection, the term ‘‘executive agency’’ has the and treat eligible responders and sur- for compensation for services rendered to the ex- meaning given the term in section 4 of the Office vivors who are suffering from World tent that such amount charged is not more of Federal Procurement Policy Act (41 U.S.C. Trade Center related diseases. It also than— 403). reopens the 9/11 Victim Compensation ‘‘(i) 10 percent of such aggregate amount (c) APPLICATION.—This section and the Fund. through the settlement, minus amendments made by this section shall be ap- ‘‘(ii) the total amount of all legal fees charged H.R. 847, as amended, costs $4.2 bil- plied in a manner consistent with United States lion over 10 years. Of that amount, $1.5 for services rendered in connection with such obligations under international agreements. billion will go to the health program, settlement. SEC. 302. RENEWAL OF FEES FOR VISA-DEPEND- ‘‘(3) DISCRETION TO LOWER FEE.—In the event ENT EMPLOYERS. while $2.7 billion will go the VCF. Both that the special master finds that the fee limit Subsections (a), (b), and (c) of section 402 of programs are now limited to 5 years. set by paragraph (1) or (2) provides excessive Public Law 111–230 are amended by striking The amended bill before us today also compensation for services rendered in connec- ‘‘2014’’ each place that such appears and insert- changes how the two programs are paid tion with such claim, the Special Master may, in ing ‘‘2015’’. for by a 2 percent fee on government the discretion of the Special Master, award as reasonable compensation for services rendered TITLE IV—BUDGETARY EFFECTS procurement from foreign companies an amount lesser than that permitted for in SEC. 401. COMPLIANCE WITH STATUTORY PAY-AS- located in nongovernmental procure- paragraph (1).’’. YOU-GO ACT OF 2010. ment, and a 1-year extension of H1–B The budgetary effects of this Act, for the pur- TITLE III—REVENUE RELATED and L–1 visa fees for outsourcing com- pose of complying with the Statutory Pay-As- panies. PROVISIONS You-Go-Act of 2010, shall be determined by ref- SEC. 301. EXCISE TAX ON CERTAIN FOREIGN PRO- erence to the latest statement titled ‘‘Budgetary Madam Speaker, this bill has long CUREMENT. Effects of PAYGO Legislation’’ for this Act, sub- been a huge priority for me and many (a) IMPOSITION OF TAX.— mitted for printing in the Congressional Record of my colleagues in the House and the (1) IN GENERAL.—Subtitle D of the Internal by the Chairman of the Senate Budget Com- Senate. I urge my colleagues to pass Revenue Code of 1986 is amended by adding at mittee, provided that such statement has been the bill. the end the following new chapter: submitted prior to the vote on passage. I reserve the balance of my time. ‘‘CHAPTER 50—FOREIGN PROCUREMENT MOTION TO CONCUR Mr. BURGESS. I yield myself such ‘‘Sec. 5000C. Imposition of tax on certain for- time as I may consume. eign procurement. The SPEAKER pro tempore. The Madam Speaker, I appreciate the ‘‘SEC. 5000C. IMPOSITION OF TAX ON CERTAIN Clerk will report the motion. FOREIGN PROCUREMENT. The Clerk read as follows: gentleman’s efforts in this regard. I ‘‘(a) IMPOSITION OF TAX.—There is hereby im- Mr. Pallone moves that the House concur would like to take a few moments and posed on any foreign person that receives a in the Senate amendment to H.R. 847. clear up some of the

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23587 mischaracterizations that have oc- Street millionaires could receive bene- and community residents who developed ill- curred, unfortunately, around the de- fits with no cost to them, all done at nesses as a result of their exposure to the bate of this bill as it has worked its the taxpayers’ expense. massive toxic dust cloud that blanketed lower way through both Houses. In fact, in the Committee on Energy Manhattan after the terrorist attacks on Sep- There have been some who have and Commerce I offered an amendment tember 11, 2001. claimed that my side, the Republicans, that was rejected by the committee. I The current program is not authorized. The do not support providing treatment for attempted to offer the amendment at House-passed bill authorized the Health Pro- 9/11 first responders, and that these Rules when this legislation was gram through FY 2019 at a federal funding first responders are currently going brought before the House before our ad- level of $3.2 billion. The federal government without treatment for the illnesses and journment in September, but I was will pay 90 percent of the cost, while New injuries they suffered as a result of thwarted in that. But it remains that York City will pay 10 percent. serving at the World Trade Center. we ought to ensure that Federal tax- The Senate amendment reduces the author- Both of those claims are simply not payers would not have to pay for the ization period to FY 2015 and federal funding true. health care of millionaires. to $1.5 billion. New York City would still be re- According to President Obama’s ad- The bill passed by the Senate is an quired to pay 10 percent of the costs. ministration’s own Centers for Disease improvement over what passed in the The Senate amendment makes a number of Control, the agency said, ‘‘We will con- House. There could have been further other changes in the Health Program. tinue to provide monitoring and treat- improvements to ensure our limited re- It prohibits the Secretary of HHS from using ment services for mental and physical sources are being spent in the most ef- NIOSH to administer payments to Centers of health conditions related to World ficient manner possible. But all in all, Excellence and other participating providers. Trade Center exposures for both re- the improvements that have been ac- It clarifies that Centers of Excellence deliv- sponders and for eligible non-respond- complished over the last 24 hours are ering services to responders and community ers. The World Trade Center program is all to the good. This is an important residents will have to provide claims-level data critical in meeting the ongoing and piece of legislation. This is something to the Health Program Administrator. long-term specialty needs of individ- that this Congress or some Congress It clarifies the Centers of Excellence should uals that were exposed to dust, smoke, should have passed in the last 8 years. be paid for the costs of carrying out the pro- debris, and psychological trauma from And it is unconscionable that we are gram that are not otherwise reimbursable, the World Trade Center attacks.’’ here today at the last hour of the 111th such as outreach, data collection, social serv- As of September 30, 2009, the World Congress with still this work pending. ices, and development of treatment protocols. It’s important to get this work done. Trade Center program had enrolled It authorizes the Program Administrator to I reserve the balance of my time. contract with the VA to provide services to re- over 55,000 responders in its monitoring Mr. PALLONE. Madam Speaker, I and treatment programs. This is in the yield 1 minute to the chairman of the sponders enrolled in the national program CDC’s budget justification for 2011. Energy and Commerce Committee, the through its facilities, but only if the VA choos- es to do so. At the Energy and Commerce Com- gentleman from California (Mr. WAX- Finally, the Senate amendment directs the mittee’s markup of this legislation, MAN). Republicans offered an amendment Mr. WAXMAN. I rise in strong sup- GAO to conduct studies on various aspects of that would authorize the program that port, Madam Speaker, of H.R. 847, the the Health Program and to report to the Com- is already providing treatment and James Zadroga 9/11 Health and Com- mittees of jurisdiction prior to July 1, 2011. monitoring benefits and authorized pensation Act of 2010. I want to thank That is the date on which Secretary of HHS funding for the program at exactly the the chairman of the Health Sub- and the WTC Administrator are responsible for level that was requested by the Presi- committee, FRANK PALLONE, as well as implementing the Health Program. In the likely dent of the United States. That same my colleagues from New York on the event that the GAO is unable to complete all amendment asked for real account- committee, ELIOT ENGEL and ANTHONY of its work by that date, the Program will ability to ensure that we knew how the WEINER, for their relentless work on nonetheless begin furnishing services to re- tax dollars were being spent. Unfortu- behalf of this legislation, as well as sponders and survivors. nately, that amendment was defeated. Representatives MALONEY and NADLER, The Administration supports this bill for the I am pleased that work in the Senate and the whole New York City delega- same reason that all of us should: it is the has yielded an amendment that will tion, who were tireless in their support right thing to do. provide for increased accountability of this bill. The first responders were there for us on 9– and increased transparency in how This is an important piece of legisla- 11. We should be there for them today. these funds are spent. H.R. 847 caps the tion that will attempt to provide the I urge my colleagues to pass this bill and number of people that can be enrolled services to first responders and com- send it on to the President for signature. in the program but it does not require munity residents who developed illness Mr. BURGESS. Madam Speaker, I am those enrolled to verify their citizen- as a result of their exposure to the pleased to yield 1 minute to the gen- ship. massive toxic dust cloud that tleman from Oklahoma (Mr. COLE). Mr. COLE. I thank the gentleman b 1600 blanketed Lower Manhattan after the terrorist attack on September 11, 2001. from Texas for yielding. We offered an amendment that would I strongly urge all Members to support Madam Speaker, long before New require this program so that people in this legislation. York City’s first responders rushed to the country without benefit of Social H.R. 847, was reported by the Energy and save their fellow Americans in the fire Security numbers would not get bene- Commerce Committee with bipartisan support and the horror of 9/11, they came to fits while Americans were being stuck on May 25 by a vote of 33–12. help the people of Oklahoma City deal on the waiting list. This amendment The House passed H.R. 847 on September with the death and destruction stem- was defeated. 29; the bill received bipartisan support from ming from the terrorist bombing of the As with any government spending 268 Members. Alfred P. Murrah Federal Building on program, there should be limitations The version of before us this afternoon is April 19, 1995. The people of Oklahoma on who can participate. The govern- one that has been amended by the Senate in have never forgotten the help that they ment has limited resources, so the order to obtain bipartisan support in that received in their most difficult days principal beneficiaries of the 9/11 Chamber. from the first responders of New York health program should be the first re- Like the House-passed version, the Senate City and their fellow first responders sponders. However, H.R. 847 provides version is fully paid for and will not increase from all across North America. more than just benefits to first re- the deficit. It fully complies with all pay-go When 9/11 occurred, Oklahoma’s first sponders; it also provides benefits to rules. responders were proud to join their fel- anyone who lives and works in New The World Trade Center Health Program low Americans and rush to the aid of a York City. Under this bill, even Wall currently provides services to first responders stricken New York City. Now it’s our

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23588 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 turn in this body to help all of those ible, this tax could apply to American Organization (WTO) Government Procure- who answered the call of duty on 9/11. companies that are providing goods ment Agreement (GPA) or similar procure- They risked themselves to save others and services to our troops through ment arrangements ostensibly for the pur- pose of helping finance health benefits for and to help one of America’s great cit- local subsidiaries. Levying additional the valiant 9/11 first responders. In reality, ies deal with and recover from the dev- taxes on companies that support Amer- the U.S. federal government is already pro- astation of the greatest terrorist at- ican troops is both illogical and dan- hibited from procuring from such countries, tack in our history. It’s time, as our gerous. except under very limited conditions—when greatest President said in an earlier In addition, there is no reason that the good or service is not available in the era and in another context, ‘‘to bind up other countries wouldn’t copy this tax United States or would cost an unreasonable the Nation’s wounds, to care for him and impose it on our U.S. companies amount or if the procurement is required for the national interest. Moreover, the amount who shall have borne the battle, and that are competing to sell goods and of such procurement is generally regarded as for his widow, and for his orphan.’’ services overseas. This would hurt our relatively small compared to U.S. sales into Madam Speaker, I urge the passage U.S. economic recovery efforts and ef- the procurement markets of these countries. of H.R. 847, as amended. forts to boost U.S. sales abroad and The procurement portions of this legisla- Mr. PALLONE. Madam Speaker, I create American jobs here at home. tion would undermine U.S. efforts to succeed yield 1 minute to one of the sponsors of Moreover, I have real concerns that in the international economy by both invit- ing non-GPA countries to take reciprocal ac- the bill who has worked tirelessly on this excise tax could be subject to legal tion against U.S. companies seeking to par- this, the gentleman from New York challenge at the World Trade Organiza- ticipate in their procurement markets and (Mr. NADLER). tion and may be inconsistent with our by opening the United States to retaliation Mr. NADLER of New York. Madam G–20 commitments to avoid imposing for violating its WTO obligations. While U.S. Speaker, let me first thank everyone new protectionist measures. companies certainly face significant and dis- who has worked on this bill and say the Madam Speaker, I urge a ‘‘no’’ vote criminatory procurement barriers in China, Senate passed this bill a little while because of these provisions. Strangely, India, Brazil and other countries that are not part of the WTO procurement agreement, ago unanimously. The most conserv- the proposed procurement tax doesn’t U.S. companies are still selling more into ative Senators, Senators ENZI and include any of the exceptions included those government procurement markets COBURN, supported it, and I hope we in our standard Buy America legisla- than the United States is purchasing from can do the same. tion, such as non-availability, unrea- those countries. As a result, there would Nine years ago, Madam Speaker, the sonable cost and inconsistency with more than likely be net loss for U.S. exports, heroes of 9/11 ran into the buildings, the public interest. As a result, the bill U.S. companies and U.S. jobs if this provi- they rushed into the burning buildings, would mandate a tax on the procure- sion became a model for foreign govern- ments. and they worked in a toxic environ- ment of goods from a foreign producer Furthermore, the imposition of this dis- ment for weeks and months. They have even when U.S. goods aren’t available. criminatory tax on foreign companies may suffered for that. They have suffered In addition to this new tax, the bill also violate U.S. international commitments for their service to this country by get- would extend a tax on companies that if implemented. If found to be contrary to ting sick, by dying, by being sick. It is have more than half their employees U.S. WTO commitments, other countries now up to us to see that the United on certain specialized visas to work could end up being authorized to retaliate di- rectly against U.S. exports, further under- States honors its heroes, that the here in the United States. This tax mining U.S. opportunities overseas. United States does not turn its back on raises independent concerns under our For all of these reasons, we strongly urge those who served us. international obligations. you to remove the Title III procurement pro- When we pass this bill, we will an- The SPEAKER pro tempore. The visions from this legislation. swer the question of whether the time of the gentleman has expired. Respectfully, United States honors its heroes, and Mr. BURGESS. I yield the gentleman American Association of Exporters and whether the United States honors an additional 30 seconds. Importers (AAEI); Association of Equipment Manufacturers itself. Let us pass this bill, let us re- Mr. BRADY of Texas. Finally, I would like to have printed in the (AEM); deem the honor of the United States Business Roundtable; after all these years, let us show the RECORD a letter from 10 key business Emergency Committee for American world that the United States looks associations, including the Emergency Trade (ECAT); after its own. That’s what this bill is. I Committee for American Trade and the National Foreign Trade Council (NFTC); urge everyone to support it. U.S. Chamber of Commerce, that also National Retail Federation (NRF); Mr. BURGESS. Madam Speaker, I oppose the use of these pay-for provi- Organization for International Invest- yield 2 minutes to the gentleman from sions. ment (OFII); TechAmerica; Texas (Mr. BRADY), a member of the DECEMBER 21, 2010. United States Council for International Hon. NANCY PELOSI, Ways and Means Committee. Business (USCIB); Speaker, House of Representatives, Mr. BRADY of Texas. Madam Speak- U.S. Chamber of Commerce; Washington, DC. er, I too support the goal of ensuring U.S.-China Business Council. that the brave men and women that Hon. JOHN BOEHNER, Republican Leader, House of Representatives, Mr. PALLONE. Madam Speaker, I acted as first responders at the World Washington, DC. yield 1 minute to the Speaker of the Trade Center attack are fairly treated Hon. HARRY REID, House, who has done so much to make and compensated. But I rise today to Majority Leader, U.S. Senate, this bill possible. oppose the troubling provisions the Washington, DC. Ms. PELOSI. Madam Speaker, I majority has attached to pay for this Hon. MITCH MCCONNELL, thank the gentleman for yielding. I bill. Republican Leader, U.S. Senate, rise to briefly congratulate and thank This measure would impose a 2 per- Washington, DC. the Members of the New York delega- DEAR SPEAKER PELOSI AND LEADERS REID, cent tax on goods and services that are BOEHNER, AND MCCONNELL: We are writing to tion and others who helped bring this produced or provided in certain foreign urge you to remove from the proposed legislation to the floor in a strong bi- countries from firms that are based in amended version of H.R. 847 the Title III rev- partisan way: Congresswoman MALO- foreign countries that are not parties enue raisers related to international govern- NEY, Congressman NADLER, Congress- to certain treaties or international ment procurement. First, its purported rev- man KING. Thank you. We thank you agreements. It sounds complicated. But enue raising benefits are highly question- for giving us the opportunity to say some analysis suggests that a signifi- able. Second, there is a high risk that it will ‘‘thank you’’ in a real way to our first cant majority of this tax, at least two- undermine the international competitive- responders, to our firefighters, to those ness of American companies and American thirds, if not more, would be raised by workers. who rushed in without question to res- taxing contracts that support Amer- Title III would impose an excise tax on cue their fellow Americans, and people ican troops stationed in the Afghan companies that are from foreign countries from all over the country as a matter and Iraqi theaters. Even more incred- which are not members of the World Trade of fact.

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23589 There is an exhilaration, Madam the prime sponsor of the legislation billion from $7.4 billion. The Victim Compensa- Speaker, that you see in the Chamber, and has worked so hard on this bill. tion Fund will be funded for 5 years at $2.8 because right now we know that any Mrs. MALONEY. I thank all of my billion and the health programs will be fully discussion we have ever had about 9/11 colleagues, especially the New York funded for 5 years at $1.5 billion. I thank has been a discussion where we have delegation and the Speaker and Leader Members of the other body for coming to this entered holy and sacred ground, where HOYER. bipartisan compromise. people lost their lives. Fewer did be- Today, Congress repays a long over- The offset has been entirely replaced with cause others were willing to risk due debt and answers the emergency two other offsets and in addition to fully fund- theirs. For over 9 years we have been calls of our ailing 9/11 first responders ing this bill, the procurement payfor will put an trying to redress the grievance that we and survivors. This bill will save lives. estimated $450 million in extra revenue toward have of people not having the health It has taken too long, but help finally the deficit. benefits and the recognition of their is here for the thousands of Americans We are reminded this holiday season of the service, their sacrifice, and their cour- who are suffering because of 9/11. importance of giving. But today I ask my col- age. Our bill will give support and hope to leagues to remember all that the heroes of 9/ Today Mr. KING, Congresswoman more than 36,000 Americans who are 11 have already given. These individuals MALONEY, Congressman NADLER—I ailing because of the attacks on our rushed to the site of immeasurable danger should say Congressman KING, Chair- Nation. It also says to future genera- and first gave their time, and later are giving man KING to be—and the leadership of tions that if you are harmed in the up their health, and in some cases their lives. this House and of the United States service of our country, you will be Nine long years have passed since the at- Senate, and I thank Senator GILLI- taken care of. tacks. It was never the intention of the bill’s BRAND and Senator SCHUMER as well as I couldn’t be more proud of everyone authors to make this a partisan issue and I re- Senator REID and the Republican lead- who fought like hell to pass this bill, gret that it has become wrapped in party poli- ership in the Senate for affording us our Senators GILLIBRAND and SCHUMER, tics. this opportunity to extend our patri- my good friends and coauthors NADLER I hope that my colleagues on both sides of otic appreciation to those whose love and KING, the 9/11 responders and sur- the aisle can come together, just as we stood of our country, whose care and com- vivors who are here with us, and the together on the steps of the Capitol the mitment to their fellow person, who thousands of their brothers and sisters evening of September 11, 2001, to show our unquestionably made sacrifices, and who could not be. John Feal, you have gratitude to the responders and survivors who now, almost 91⁄2 years later, more than been a warrior for this bill. Thank you. have given so much to our country. 9 years later we finally are doing the Just after the attacks, this body There could be no better gift to America this right thing for them. came together. With this bill, we put in holiday season than helping save the lives of law that we will never forget and do those who came to the aid of our Nation in a b 1610 whatever it takes. time of war. Every day our firefighters, our police Madam Speaker, today, I proudly rise to Mr. BURGESS. I reserve the balance officers, our first responders leave their support the James Zadroga 9/11 Health and of my time. homes, willing to risk their lives. Lit- Compensation Act. Passing this bill and get- Mr. PALLONE. Mr. Speaker, I yield tle did they know on that day many of ting it to the President’s desk will truly be a to the gentleman from New York (Mr. them would not return home. How can Christmas miracle. ENGEL) for the purpose of a unanimous we ever repay their sacrifice and their When JERRY NADLER and I first introduced a consent request. courage? 9/11 bill, we never would have thought it could Mr. ENGEL. I rise in strong support So, today we do so, certainly not take 7 years or that it could be the last legisla- of this bill. This is a fitting way to end enough, but as a token of our apprecia- tive item out the door. It should never have the 111th Congress. This is the proudest tion for what they have done to taken so long. moment I have had in Congress in 22 strengthen our country. A TV commentator recently made a good years. I believe that our hard work Again, I thank all of those who made point when he said that Pearl Harbor was not paid off, all of us together on the this important legislation possible. just a Hawaii issue and neither should caring Health Subcommittee of the Energy Mr. BURGESS. May I inquire as to for the victims of 9/11 be a New York issue. and Commerce Committee. how much time remains? The Twin Towers were attacked as a symbol I urge my colleagues to support the The SPEAKER pro tempore. The gen- of our Nation and the sick and injured are not bill. tleman from Texas has 71⁄2 minutes re- just from New York. After the attacks, at least Madam Speaker, I rise in strong support of maining, and the gentleman from New 10,000 brave men and women came from all the James Zadroga 9/11 Health Compensation Jersey has 101⁄2 minutes remaining. 50 states and 428 of 435 Congressional dis- Act. As a member of the Energy and Com- Mr. BURGESS. I yield myself 30 sec- tricts. merce Committee I was proud to help shep- onds. I thank my colleagues from across the coun- herd this bill through the committee process Madam Speaker, Congressman BRADY try for staying to complete the last remaining and am proud to speak in support of this legis- articulated very well some of the con- gap in America’s response to 9/11. Our bill will lation yet again on the House floor this year. cerns he has with the pay-for that is in give support and hope to the more than Two days ago, I joined New York City this bill, raising new revenues through 36,000 Americans who are ailing because of Mayor, Michael Bloomberg, and other mem- tariffs, and the possibility of retalia- the attacks on our Nation, and it also says to bers of the New York delegation, and first re- tory efforts by other countries. future generations that if you are harmed in sponders to urge swift passage of this bill in I would just point out, in section 4002 the service of America, you will be taken care the Senate. of the recently passed health care law of. Madam Speaker, it is shameful that we are last March, there is a section that calls I especially thank my good friends and co- approaching the 10-year anniversary of 9/11 for a Public Health and Wellness Trust authors JERRY NADLER and PETER KING, the next year and this bill still has not reached the Fund. The Secretary of Health and entire New York Delegation, and Speaker President for his signature. Human Services has $15 billion in a PELOSI and Majority Leader HOYER, who all Now I am here again today to urge my col- slush fund in ObamaCare. This money helped pass this bill in September and are leagues to vote in favor of the package that could have been easily used to pay for working on it today. I thank Senators GILLI- we are considering today, which rectifies some this legislation. It could have been BRAND and SCHUMER for tireless efforts to get of the concerns that my colleagues on the done last April, and we wouldn’t be this bill done. other side of the aisle have expressed. here at the last minute trying to This long-overdue legislation will provide This is not a partisan issue, and the pack- scrounge for capital to pay these funds. health care and financial compensation to the age that we consider today reflects that. Mr. PALLONE. Madam Speaker, I responders and survivors who are sick from People from all over the country joined to yield 1 minute to the gentlewoman exposure to toxins at Ground Zero. The cost help after the attack without concern for their from New York (Mrs. MALONEY), who is of the bill has been cut almost in half to $4.3 health or wellbeing. Now it is their country’s

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0688 Sfmt 9920 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23590 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 time to step-up in their time of need. Victims Mr. BURGESS. I continue to reserve foreign companies located in non-GPA coun- of 9/11 continue to suffer from crippling phys- the balance of my time. tries and a one-year extension of H–B 1 and ical ailments. They are dying and have been Mr. PALLONE. Madam Speaker, I L–1 Visa fees for outsourcing companies. ignored for almost a decade. The House no- yield to the gentleman from New York These are estimated by CBO to collect $4.59 ticed, once already this year. I am hopeful that (Mr. RANGEL) for the purpose of a unan- billion over the 10-year scoring period for the we can send a bill to the Senate that will pass. imous consent request. bill. I look forward to casting my vote in support Mr. RANGEL. All of us from the City Others changes made in the bill to address of the James Zadroga 9/11 Health Compensa- of New York and around the Nation are Republican concerns: requiring that the Cen- tion Act and sending it back to the Senate. so proud to be a Member of this body. ters of Excellence report claims data to HHS I am proud of the role that we played on the Madam Speaker, I rise today, nine years so that costs and utilization of services can be Health Subcommittee and the Energy and after the tragic events of September 11, to fully monitored; specifying the non-treatment Commerce with our hearings and markups in recognize the passage of a bill that will allow services furnished by Centers of Excellence to moving this bill through. This is not a New the first responders who rushed to the scene be funded under the health program (e.g., out- York issue; this is an American Issue. First re- that day to now be able to get the health care reach, social services, data collection, and de- sponders came from all parts of the country. resources they need. velopment of treatment protocols); authorizing The Federal Government falsely told everyone Today, both the U.S. House of Representa- the World Trade Center Program Administrator it was safe to return and it wasn’t. tives and the Senate approved an amended to designate the Veteran’s Administration as a Today we say thank you to our first re- version, the James Zadroga 9/11 Health and provider for WTC health services; directing the sponders—it is a fitting way to end the 111th Compensation Act that would provide medical Special Master to develop rules to implement Congress. treatment for the ailing first responders and re- the VCF within 180 days of passage of the Mr. BURGESS. I continue to reserve covery workers who were exposed to toxic legislation. the balance of my time. dust following the collapse of the Twin Towers ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. PALLONE. I yield to the gen- in New York City on September 11, 2001. The SPEAKER pro tempore. The tleman from New York (Mr. CROWLEY) This victory is for what is right; a long over- Chair will repeat that a Member asking for the purpose of a unanimous consent due thank you to those who rushed in to help to insert remarks may include a simple request. after what was one of our nation’s biggest declaration of sentiment toward the Mr. CROWLEY. Madam Speaker, on tragedies. After nine long years, these unsung question under debate but should not September 11, my cousin, John Moran, heroes and their families no longer have to embellish the request with extended was at Tower Two of the World Trade worry about how they are going to get the oratory. Center. He said, ‘‘Let me off here. I care and resources they so desperately need. want to try and make a difference.’’ The Zadraga bill originally passed the Mr. BURGESS. I continue to reserve We have made a difference today in House in September, but had been held up in the balance of my time. the lives of the people we’re saving. the Senate due to various partisan concerns. Mr. PALLONE. I yield to the gen- Today, I rise as the cousin of Battalion Chief It now goes to President Barack Obama, who tleman from New York (Mr. MCMAHON) John Moran. is expected to sign the bill into law before the for the purpose of a unanimous consent My cousin, along with almost 3,000 others, end of the holiday season. request. died on September 11, 2001. This should have never been about the Mr. MCMAHON. Madam Speaker, I His last known words were to the driver of rise in support of this bill on behalf of the New York City Fire Department vehicle. As money, but about what we should do to honor those who thought of their country first and not the people of Staten Island and Brook- he was dropped off at World Trade Center lyn, New York, all of them, and in par- Tower 2, John said, ‘Let me off here. I am themselves. They answered the call when their country needed them and we are all a ticular Trish and Marty Fullam. going to try to make a difference.’ The SPEAKER pro tempore. The gen- Nothing can replace the loss of my cousin better nation for it. Thanks to the hard work of so many peo- tleman from New Jersey will be or the thousands of others who were killed charged with the time consumed. that day. Nothing can replace the loss of those ple—from legislators, like our Mayor Michael Bloomberg, the New York Congressional Dele- Mr. BURGESS. I continue to reserve who have perished since. the balance of my time. But, today we can make proud his memory gation and House Leadership, to the NYS Mr. PALLONE. I yield to the gen- and the memory of all those who served on AFL–CIO President Dennis Hughes, the 32nd tleman from New York (Mr. ACKERMAN) September 11th and the days following. Fire Commissioner Salvatore Cassano and the Enactment of the James Zadroga 9/11 countless union officials and 9/11 families that for the purpose of a unanimous consent Health and Compensation Act fulfills a com- traveled to Washington to lobby on the bill’s request. mitment to those who served our Nation hon- behalf—these patriotic Americans can spend Mr. ACKERMAN. Madam Speaker, I rise yet orably, tirelessly and without pause. the holiday seasons with some peace of mind. again in the strongest possible support of the Today, I am proud to stand before my col- What the law would do: Under an agree- 9/11 Health and Compensation Act, H.R. 847. leagues as the cousin of Battalion Chief John ment worked out by New York Senators Today, we must show the American people Moran, and I am proud, in the words of John, CHARLES SCHUMER and KRISTEN GILLIBRAND, that their representatives can put away their to ‘make a difference’ for the many heroes the James Zadroga 9/11 Health and Com- differences and work together to pass this bill. who have suffered long enough because of pensation Act would: provide a total of $4.3 Over the past few weeks, this clearly was not their service to our great country. billion in funding for the health and compensa- the case. Some Members of Congress have ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion titles of the bill; cap federal funding for the played political games with this legislation, de- The SPEAKER pro tempore. A Mem- health program over five years at $1.5 billion laying its passage for dubious reasons and ber asking to insert remarks may in- (New York City will contribute 10% of the causing the measure to be watered down. The clude a simple declaration of sentiment cost). Any funds not spent in the first five sick and injured don’t care about offsets and toward the question under debate but years may be carried over and expended in they don’t care whether this is a $6 billion bill should not embellish the request with the sixth year of the program; reopen the Vic- or a $7 billion bill. They just care about getting extended oratory. tim Compensation Fund (VCF) for five years the medical care they need, the medical care Mr. BURGESS. I continue to reserve to file claims, with payments to be made over they rightly deserve. the balance of my time. six years. Fund the VCF at $2.8 billion for six So Madam Speaker, we are here for the Mr. PALLONE. I yield to the gentle- years, with $.8 billion available for payments in third and I hope final time on the floor of the woman from New York (Ms. SLAUGH- the first five years and $2.0 billion available for House to consider doing the decent thing: TER) for the purpose of a unanimous payment in year six. Claims will be paid in 2 helping the living victims of 9/11 who continue consent request. installments—one payment in the first five to suffer the terrible effects of that day. The Ms. SLAUGHTER. Madam Speaker, I years, and a second payment in the sixth year Federal Government has not stepped up rise in strong support of this bill. A lot of the program; the pay for the House-passed enough to help the responders, volunteers, of us are going to sleep a lot better now version of the bill has been replaced by a 2 workers and residents that went to Ground knowing that this bill has been passed. percent fee on government procurement from Zero during and after the horrific 9/11 attack.

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00020 Fmt 0688 Sfmt 9920 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23591 This Congress has not acted to help these vic- rather, hoping that they could save the lives of September 11, none of us knew that it would tims on a permanent basis—we have the op- strangers. As a result of their fearless acts, end in an inferno in the magnificent World portunity to do that today. Tragically, some of many of these emergency workers and first re- Trade Center Towers in New York City, the the very people that we want to help with this sponders were exposed to airborne toxins and Pentagon in Washington, DC, and in the legislation have already died. Thousands of other hazards. Providing medical services, in- grassy fields of Shanksville, Pennsylvania. Americans who responded need medical treat- cluding clinical examinations, long-term health How I wish we could have hugged and kissed ment now. Thousands more will need treat- monitoring, mental health care and necessary and held each of the victims one last time. ment in the future. prescription drug coverage, is the least we can I stand here remembering those who still So, Madam Speaker, I urge all my col- do to repay them for their efforts. suffer, whose hearts still ache over the loss of leagues to support the 9/11 Health and Com- The James Zadroga 9/11 Health and Com- so many innocent and interrupted lives. My pensation Act so that all the victims of 9/11 pensation Act will provide both initial and fol- prayer is that for those who lost a father, a will receive the medical care and help they low-up medical services for World Trade Cen- mother, a husband, a wife, a child, or a friend need and deserve. Let’s pass this bill. ter responders and workers whose physical will in the days and years ahead take comfort Mr. BURGESS. I continue to reserve and mental health were impacted by the 9/11 in the certain knowledge that they have gone the balance of my time. attacks. H.R. 847 will also establish an out- on to claim the greatest prize, a place in the Mr. PALLONE. Madam Speaker, I reach program to potentially eligible individ- Lord’s loving arms. And down here on the yield to the gentlewoman from Cali- uals. ground, their memory will never die so long as fornia (Ms. ESHOO) for the purpose of a September 11, 2001, is a day that is indeli- any of the many of us who loved them lives. unanimous consent request. bly etched in the psyche of every American Again, I would like to reiterate my strong Ms. ESHOO. Madam Speaker, I urge and most of the world. Much like the support for H.R. 847, the James Zadroga 9/11 all of my colleagues to vote for this. unprovoked attack on Pearl Harbor on Decem- Health and Compensation Act, for it is impor- How proud I am to have voted as a Cal- ber 7, 1941, September 11 is a day that will tant that we take care of those who take care ifornian for the Americans that went live in infamy. And as much as Pearl Harbor of us in our time of need. and took care and did their job. changed the course of world history by pre- The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The gen- cipitating the global struggle between totali- tleman from New Jersey will be tleman will be charged with the time. tarian fascism and representative democracy, charged. Mr. BURGESS. I continue to reserve the transformative impact of September 11 in Mr. BURGESS. Madam Speaker, I the balance of my time. the course of American and human history is yield 3 minutes to the gentleman from Mr. PALLONE. I yield to the gen- indelible. September 11 was not only the be- New York (Mr. KING). tleman from Georgia (Mr. SCOTT) for ginning of the Global War on Terror, but more- Mr. KING of New York. I thank the the purpose of a unanimous consent re- over, it was the day of innocence lost for a gentleman for yielding. I will keep my quest. new generation of Americans. remarks very brief. Mr. SCOTT of Georgia. Madam Just like my fellow Americans, I remember I thank the Congress of the United Speaker, I rise in support of this bill as September 11 as vividly as if it was yesterday. States for what it is going to do today. a big thank you from a very, very In my mind’s eye, I can still remember being Especially I want to thank CAROLYN grateful Nation. mesmerized by the television as the two air- MALONEY and JERRY NADLER for the The SPEAKER pro tempore. The gen- liners crashed into the Twin Towers of the tremendous work they have done on tleman from New Jersey will be World Trade Center, and I remember the this bill over the years from the very charged. sense of terror we experienced when we real- start. I want to thank Congressman Mr. BURGESS. I continue to reserve ized that this was no accident, that we had Vito Fossella, who was also an original the balance of my time. been attacked, and that the world as we know cosponsor of this. I want to thank the Mr. PALLONE. I yield to the gentle- it had changed forever. The moment in which Speaker of the House, Ms. PELOSI, for woman from Texas (Ms. JACKSON LEE) the Twin Towers collapsed and the nearly doing so much to bring this bill for- for the purpose of a unanimous consent 3,000 innocent Americans died haunts me ward, and also the Republican leader, request. until this day. who this summer managed to have this Ms. JACKSON LEE of Texas. I thank At this moment, I decided that the protection bill come up in a way that was not the distinguished gentleman, and I rise of our homeland would be at the forefront of going to be disruptive at all. to support the Senate amendment to my legislative agenda. I knew that all of our H.R. 847, to be able to thank CAROLYN collective efforts as Americans would all be in b 1620 MALONEY for the enormous work and to vain if we did not achieve our most important also cite those who I saw dying that priority: the security of our nation. Accordingly, I want to thank all the members of they might live. I became then and continue to this day to be the New York delegation. Most impor- Madam Speaker I rise today in strong sup- an active and engaged Member of the Com- tantly, I want to thank the fire- port of H.R. 847, the ‘‘James Zadroga 9/11 mittee on Homeland Security who considers fighters, the police officers, the con- Health and Compensation Act.’’ This bill has our national security paramount. struction workers, and all of those who been a long time coming, and I am glad that Our nation’s collective response to the trag- came forward to answer the Nation’s it is finally here for us to provide medical mon- edy of September 11 exemplified what has call on September 11. This is a great itoring and treatment benefits to eligible emer- been true of the American people since the in- victory for the American people. It’s a gency responders and recovery and cleanup ception of our Republic—in times of crisis, we great victory for the Congress of the workers who responded to the September 11, come together and always persevere. Despite United States. And it sends a signal 2001, terrorist attacks. This legislation also al- the depths of our anguish on the preceding that we stand by those who come to lows for initial health evaluation, monitoring, day, on September 12, the American people our Nation’s defense in time of trouble and treatment benefits to residents and other demonstrated their compassion and solidarity and, indeed, in time of war, because building occupants and area workers in New for one another as we began the process of this was the first battle of the great York City who were directly impacted and ad- response, recovery, and rebuilding. We tran- war of the 21st century. versely affected by the 9/11 terrorist attacks. scended our differences and came together to Mr. PALLONE. I have no further I have met firsthand many of these first re- honor the sacrifices and losses sustained by speakers, and I reserve the balance of sponders and workers, and I know the patri- the countless victims of September 11. Let us my time. otic sacrifices they have made for their fellow honor those who served and sacrificed by Mr. BURGESS. Madam Speaker, I Americans. These brave, selfless individuals passing H.R. 847. yield myself the balance of my time. who put aside their own needs and fears to Madam Speaker, as I stand here today, my This is an important bill. It’s some- come to the aid of their fellow Americans put heart still grieves for those who perished on thing that should have been done a their lives at risk. They ventured into the flights United Airlines 93, American Airlines long time ago. I credit a former New wreckage and dust of the World Trade Center, 77, American Airlines 11, and United Airlines York fireman, Richard Lasky, who is not worrying about their own well being, but 175. When the sun rose on the morning of now my fire chief in Lewisville, Texas,

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23592 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 for helping me understand the impor- passed in September. The bill caps federal of finding survivors. The James Zadroga 9/11 tance of this bill as it has gone for- funding for health programs over five years Health and Compensation Act, a bill that I am ward. It has been difficult. In my opin- and allows first responders only five years to proud to be an original cosponsor of, provides ion, there were better ways to do this file claims. Unfortunately, some put politics just that by extending and improving protec- bill, but it’s before us today. over these brave first responders. Although tions and services to individuals directly im- Mr. GENE GREEN of Texas. Madam this bill is a reduced version of the original bill, pacted by the terrorist attacks on September Speaker, we need to ensure that the first re- we must honor the rescue and recovery work- 11, 2001. sponders and individuals who were in the vi- ers by providing them with the much needed Since our inception, we, as a nation, have cinity of the World Trade Center have access health care. We cannot let our first responders grown stronger by protecting and honoring the to the specialized medical treatment they need down. sacrifices of our citizenry. This legislation is and that means ensuring these programs are Mr. RYAN of Wisconsin. Madam Speaker, I the embodiment of that mantra. As a New properly funded. was absent for legislative business and Yorker, not a day passes without thought of H.R. 847 accomplishes that goal and I am missed rollcall vote 663 on December 21, the horrific attacks of September 11th, this proud to be a cosponser of this bill. 2010, and rollcall vote 664 on December 22, legislation will no doubt go a long way to pro- Mr. JOHNSON of Illinois. I find it appalling 2010. Had I been present, I would have voted vide first-responders with peace of mind. that a bill of this magnitude was amended in ‘‘yes’’ on H.R. 6547, the Protecting Students During House floor consideration and pas- the Senate just hours before the House was from Sexual and Violent Predators Act, and sage of the James Zadroga 9/11 Health and asked to vote on it, with no Member having ‘‘no’’ on rollcall vote 664 (H.R. 847). Compensation Act on Wednesday, I was un- had the chance to review and deliberate on The vote I wish to discuss is the bill H.R. avoidably absent from Washington due to a what we were voting on and enacting into law. 847, the James Zadroga 9/11 Health and family health emergency. I have had the privi- When earlier versions of this bill were brought Compensation Act. Without a doubt, Repub- lege of working closely with my New York col- to the floor I had some major reservations and licans and Democrats can agree that both the leagues in both the House and Senate on this with no way to know if all of these were ad- victims of the attacks on September 11, 2001, legislation, and I am extraordinarily happy that dressed I would not feel comfortable voting and the first responders who bravely served the Congress was able to pass this bill before yes or no on this bill. following the attacks deserve to be fairly treat- the adjournment of the 111th Congress. Mr. HOLT. Madam Speaker, I rise in sup- ed and compensated. However, this bill would Mr. VAN HOLLEN. Madam Speaker, I rise port of the Senate amendment to the Zadroga create a new health care entitlement, the in support of legislation that would help thou- 9/11 Health and Compensation Act of 2010. World Trade Center Health Program, while sands of first responders who were exposed As a cosponsor of the House bill, I urge pas- also extending eligibility for compensation to hazardous health conditions in the after- sage of this important bill. Today, we have the opportunity to honor the under the September 11th Victim Compensa- math of the September 11th attacks. rescue and recovery workers who served our tion Fund of 2001. As a result, had I been Many first responders bravely answered the nation after the devastating attacks at the present, I would have voted against passage call of duty and rushed to the scene of the at- World Trade Center on September 11, 2001 of the bill. tacks. While they were helping out the victims, and, more important than empty honor, to pro- Since the terrorist attacks occurred nearly the responders unknowingly were exposed to vide for their care. My district suffered nine years ago, I have supported legislation to long-term physical and mental health problems casualities that day and nine years later, the ensure that these individuals are cared for and due to the residual dust, toxins, and chemicals memory of that terrible day is still fresh in our receive access to the services they deserve. from the attacks. Congress and the federal minds. However, rather than working with Repub- government have an obligation and a respon- Along with the victims of 9/11, there were licans to craft a bill which truly addressed the sibility to care and help those who responded thousands of rescue and recovery workers shortcomings in care provided to those directly to the September 11th attacks. who came to the aid of our nation that day. impacted by the September 11th terrorist at- Madam Speaker, let us not forget the sac- These brave women and men rushed to tacks, the Majority instead rushed this bill to rifice and service of those brave individuals Ground Zero to help the fallen and to partici- the floor in the waning hours of the 111th who responded to one of the worst attacks in pate in the clean-up effort without thinking Congress, refusing to allow an open debate or American history. I am pleased that my col- about their health or safety. These workers consider amendments. leagues in the Senate were able to come to a were exposed to environmental hazards and The result is a deeply flawed bill. H.R. 847 bipartisan agreement on this bill. I urge my have developed significant respiratory ill- creates yet another mandatory spending pro- House colleagues to support this legislation so nesses, chronic infections, and other medical gram—increasing spending by $4.2 billion dol- that the thousands of 9/11 responders can get conditions. Further, many first responders are lars over 10 years—and paying for it by an ex- the help they need. only now being diagnosed with illnesses that cise tax on foreign manufacturers, an exten- Mr. DAVIS of Illinois. Madam Speaker, I rise are related to their exposure at Ground Zero. sion of Travel Promotion Act fees, and the ex- today in full support of H.R. 847, the James This bill would create the World Trade Cen- tension of HI–B visa fees. Zadroga 9/11 Health and Compensation Act. ter Health Program (WTCHP) that would pro- There is no doubt that we owe a debt of This bill will provide the needed assistance to vide medical monitoring and treatment benefits gratitude to those who came to the rescue of the brave men and women who have become to first responders and workers who were di- countless individuals following the attacks on ill due to the dangerous toxins they inhaled rectly affected by the attacks. Additionally, the September 11, 2001, but these provisions dis- while risking their lives to help out the city of program would establish education and out- tort that noble goal. At a time when our budget New York during that tragic time in September reach programs and conduct research on deficit is $1.3 trillion and our national debt of 2001. This is a bipartisan bill and should be physical and mental health conditions related stands at $13.8 trillion, we must accurately ac- supported by all Members of Congress. to the 9/11 attacks. The WTCHP program count for those programs that take priority. I These heroes risked their lives to assist would serve more than 75,000 survivors, re- remain hopeful that as the 112th Congress their fellow Americans and their efforts will covery workers, and members of the affected convenes, my colleagues and I can work to- never go unnoticed. This bill will allow health communities. gether to reform some of my concerns with benefits to a wide range of first responders Additionally, this bill provides long-term this proposal and truly provide the services such as firefighters, construction workers, resi- health care and compensation for thousands these first responders deserve. dents, area workers and even school chil- of responders and survivors. By passing this Mrs. MCCARTHY of New York. Madam dren—all of whom have been affected by the bill, we will be paying tribute to the sacrifice Speaker, with the ninth anniversary of Sep- toxins that filled the air after the attack on the and courage of these women and men and we tember 11th having passed, it is important to World Trade Center in 2001. will be paying a debt. This bill will be paid for remember not only those who were lost that We all witnessed the terrible attacks on with a partnership with New York City and by tragic day, but also the sense of purpose and America, September 11, 2001 and we also reducing government procurement payments togetherness that shined in the aftermath of, witnessed the acts of bravery by our first re- and the extension of fees for outsourcing com- no doubt, one of the most difficult days in our sponders. I support the passage of the 9/11 panies. nation’s history. Heroic first responders de- Health and Compensation Act. Unfortunately, this bill is a weaker version of serve utmost recognition for selflessly digging Mr. LANGEVIN. Madam Speaker, I rise in the bill that I cosponsored and that the House through the ruins of Lower Manhattan in hope strong support of the James Zadroga 9/11

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00022 Fmt 0688 Sfmt 9920 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23593 Health and Compensation Act. Every Amer- tion Act—once and for all let us stand up for King (NY) Moran (VA) Schwartz Kissell Murphy (CT) Scott (GA) ican remembers the day the Twin Towers fell these brave Americans. Klein (FL) Murphy (NY) Scott (VA) and the unparalleled heroism of the first re- Mrs. LOWEY. Madam Speaker, today the Kosmas Murphy, Patrick Serrano sponders who saved countless lives without House will consider the James Zadroga 9/11 Kratovil Murphy, Tim Sestak any regard for their own. They showed cour- Health and Compensation Act. Kucinich Nadler (NY) Shea-Porter Lance Napolitano age in the face of terror and strength in a path Sherman More than 70,000 Americans from every Langevin Nye Sires of destruction. Too many of these brave men state descended upon ground zero to help re- Larsen (WA) Obey Skelton and women didn’t make it out of the wreckage cover and rebuild after 9/11. Some have died Larson (CT) Olver Slaughter in time. Those who did returned every day for Lee (NY) Owens Smith (NJ) from illnesses as a result and more than Levin Pallone months, sifting through rubble, recovering vic- Snyder 17,000 who are ill lack the care they need. Lewis (GA) Pascrell Sutton tims and restoring order to Ground Zero with Just as we provide medical care for our LoBiondo Payne Teague little consideration for their own welfare or Loebsack Pelosi Thompson (CA) troops, we must care for those who heroically Lowey Perriello Thompson (MS) safety. responded. Luja´ n Peters Thompson (PA) Tragically, many of these selfless workers Lungren, Daniel Pingree (ME) Passage of the James Zadroga 9/11 Health Tierney E. Platts are now suffering chronic, disabling health and Compensation Act is a milestone for our Titus Lynch Polis (CO) conditions as a direct result of injuries or toxic Tonko nation, as we finally fulfill our obligation to Maffei Price (NC) exposure sustained at the site. The bill before those who sacrificed so much for us. Our na- Maloney Quigley Towns Tsongas us creates a program to provide medical serv- tion owes a debt of gratitude that can never Markey (MA) Rahall ices and health monitoring for first responders Marshall Rangel Turner be fully repaid to the September 11 respond- Van Hollen and others who have medical conditions re- Matheson Reed ers who died or were sickened as a result of Matsui Reichert Vela´ zquez lated to the September 11 terrorist attacks. their brave and selfless actions. McCollum Richardson Visclosky Walz Madam Speaker, I strongly urge my col- Nearly all of us represent a responder, and McDermott Rogers (AL) leagues to support this measure and finally McGovern Rooney Wasserman almost nine years later, have a duty to do Schultz show these heroes the same honor and re- McMahon Ross what is right—vote for this bill today. McNerney Rothman (NJ) Watson spect they showed us, our families, our friends Mr. BURGESS. I yield back the bal- Meek (FL) Roybal-Allard Watt Waxman and our country. ance of my time and urge support of Meeks (NY) Ruppersberger Mr. PASCRELL. Madam Speaker, I am Michaud Ryan (OH) Weiner the bill. proud to say that we are finally doing the right Miller (NC) Sarbanes Wilson (OH) Mr. PALLONE. Madam Speaker, I Miller, George Schakowsky Wolf thing to support our heroes from 9/11. The would urge passage of this bill and send Mollohan Schauer Woolsey agreement we have here today is much less Moore (WI) Schiff Yarmuth it to the President. than we originally hoped for—but more than four and a half years after the death of NYPD I yield back the balance of my time. NAYS—60 Det. James Zadroga—I am here to say that The SPEAKER pro tempore. All time Akin Guthrie Olson we need to pass the James Zadroga 9/11 for debate has expired. Alexander Hall (TX) Paulsen Pursuant to the order of the House of Bachmann Hensarling Posey Health and Compensation Act right now be- Bachus Herger Rehberg cause we are losing these brave souls as we today, the previous question is ordered. Bartlett Hoekstra Rogers (KY) speak. The question is on the motion by the Bilirakis Inglis Royce gentleman from New Jersey (Mr. PAL- Bishop (UT) Jenkins Scalise I’m sad to say its now been nine years Boozman Jordan (OH) Schmidt LONE since 9/11 and it has taken this long to pass ). Brady (TX) King (IA) Sessions the James Zadroga 9/11 Health and Com- The question was taken; and the Cantor Kingston Shuster pensation Act—nine years is too long to wait Speaker pro tempore announced that Cassidy LaTourette Smith (NE) the ayes appeared to have it. Coffman (CO) Latta Stutzman and watch as our first responders from that Conaway Lewis (CA) Taylor day continue to suffer physically and emotion- Mr. BURGESS. Madam Speaker, on Diaz-Balart, M. Lummis Terry ally—nine years is late, BUT its not too late to that I demand the yeas and nays. Ehlers Manzullo Tiahrt do the right thing. We need to pass this bill The yeas and nays were ordered. Fleming McClintock Upton Foxx McCotter Walden and we need to pass it now. Nine years ago The vote was taken by electronic de- Franks (AZ) Mica Whitfield we gave those brave souls the ‘all clear’ sign, vice, and there were—yeas 206, nays 60, Goodlatte Miller (FL) Wilson (SC) but we now know that we were exposing not voting 168, as follows: Graves (GA) Myrick Wittman those men and women to a poisonous dust [Roll No. 664] NOT VOTING—168 that would stay with them for the rest of their YEAS—206 Baca Clay Griffith lives. Ackerman Clarke Foster Baird Coble Gutierrez I am proud to say that we found a way to Aderholt Cleaver Frank (MA) Barrett (SC) Cohen Harman pay for this bill so that we can do the right Adler (NJ) Clyburn Frelinghuysen Barton (TX) Cooper Harper thing for our 9/11 workers AND for our chil- Altmire Cole Garrett (NJ) Becerra Costello Hastings (WA) Andrews Connolly (VA) Gerlach Berman Crenshaw Heller dren who will bear the debt of the decisions Arcuri Conyers Gonzalez Berry Cuellar Herseth Sandlin we make today. Austria Costa Gordon (TN) Biggert Culberson Hill Let me be clear, this isn’t just a bill for New Baldwin Courtney Grayson Blackburn Davis (AL) Hinojosa York and New Jersey—this is a bill for all Barrow Critz Green, Al Blumenauer Davis (IL) Hodes Bean Crowley Grijalva Boccieri Davis (KY) Honda Americans. We know that people from all 50 Berkley Cummings Hall (NY) Boehner Davis (TN) Hunter states were in lower Manhattan on or after 9/ Bilbray Dahlkemper Halvorson Bonner DeFazio Issa 11 and now are facing serious health con- Bishop (GA) Davis (CA) Hare Bono Mack Delahunt Johnson (IL) cerns—there are 435 Congressional Districts Bishop (NY) DeGette Hastings (FL) Boustany Deutch Johnson, E. B. Blunt DeLauro Heinrich Boyd Diaz-Balart, L. Johnson, Sam and 431 of them are represented by the Boren Dent Higgins Brady (PA) Djou Jones names of constituents on the World Trade Boswell Dicks Himes Braley (IA) Doggett Kagen Center Health Registry. Boucher Dingell Hinchey Bright Duncan Kennedy After 9/11 we all said we would be there for Brown, Corrine Donnelly (IN) Hirono Broun (GA) Ellsworth Kilpatrick (MI) Burgess Doyle Holden Brown (SC) Fallin Kilroy these brave first responders—but today if we Butterfield Dreier Holt Brown-Waite, Filner Kirkpatrick (AZ) vote against this bill we are asking those Capito Driehaus Hoyer Ginny Flake Kline (MN) same brave individuals to come to Wash- Capps Edwards (MD) Inslee Buchanan Forbes Lamborn ington, year after year to fight for their health Capuano Edwards (TX) Israel Burton (IN) Fudge Latham Cardoza Ellison Jackson (IL) Buyer Gallegly Lee (CA) benefits—do we expect them to come here Carnahan Emerson Jackson Lee Calvert Garamendi Linder ten years from now? By then it may be too Carney Engel (TX) Camp Giffords Lipinski late for many of these men and women who Carson (IN) Eshoo Johnson (GA) Campbell Gingrey (GA) Lofgren, Zoe Castle Etheridge Kanjorski Cao Gohmert Lucas responded to their nation’s call of duty. Castor (FL) Farr Kaptur Carter Granger Luetkemeyer I urge all my colleagues to support the Chaffetz Fattah Kildee Childers Graves (MO) Mack James Zadroga 9/11 Health and Compensa- Chandler Fortenberry Kind Chu Green, Gene Marchant

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23594 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 Markey (CO) Perlmutter Sensenbrenner December 22, 2010. However, had I been S. 372 McCarthy (CA) Peterson Shadegg McCarthy (NY) Petri Shimkus present, I would have voted as follows: ‘‘yea’’ Be it enacted by the Senate and House of Rep- McCaul Pitts Shuler on H.R. 847—the James Zadroga 9/11 Health resentatives of the United States of America in McHenry Poe (TX) Simpson and Compensation Act. Congress assembled, McIntyre Pomeroy Smith (TX) Mr. FILNER. Madam Speaker, on rollcall SECTION 1. SHORT TITLE. McKeon Price (GA) Smith (WA) McMorris Putnam Space 664, I was away from the Capitol. Had I been This Act may be cited as the ‘‘Whistle- Rodgers Radanovich Speier present, I would have voted ‘‘yea.’’ blower Protection Enhancement Act of Melancon Reyes Spratt Mrs. MILLER of Michigan. Madam Speaker, 2010’’. Miller (MI) Rodriguez Stark Miller, Gary Roe (TN) Stearns on rollcall No. 664, had I been present, I TITLE I—PROTECTION OF CERTAIN DIS- Minnick Rogers (MI) Stupak would have voted ‘‘yes.’’ CLOSURES OF INFORMATION BY FED- Mitchell Rohrabacher Sullivan Mr. BECERRA. Madam Speaker, on ERAL EMPLOYEES Moore (KS) Ros-Lehtinen Tanner Wednesday, December 22, 2010, I missed Moran (KS) Roskam Thornberry SEC. 101. CLARIFICATION OF DISCLOSURES COV- Neal (MA) Rush Tiberi rollcall No. 664. If present, I would have voted ERED. Neugebauer Ryan (WI) Wamp ‘‘yea.’’ (a) IN GENERAL.—Section 2302(b)(8) of title Nunes Salazar Waters Ms. EDDIE BERNICE JOHNSON of Texas. 5, United States Code, is amended— ´ Oberstar Sanchez, Linda Welch Madam Speaker, on Wednesday, December (1) in subparagraph (A)(i)— Ortiz T. Westmoreland (A) by striking ‘‘a violation’’ and inserting Pastor (AZ) Sanchez, Loretta Wu 22, 2010, I requested and received a leave of ‘‘any violation’’; and Paul Schock Young (AK) absence for the rest of the week. Pence Schrader Young (FL) (B) by adding ‘‘except for an alleged viola- Below is how I would have voted on the fol- tion that is a minor, inadvertent violation, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE lowing vote I missed during this time period. and occurs during the conscientious carrying The SPEAKER pro tempore (during On rollcall 664, H.R. 847, to amend the out of official duties,’’ after ‘‘regulation,’’; the vote). The Chair will remind all Public Health Service Act to extend and im- and persons in the gallery that they are prove protections and services to individuals (2) in subparagraph (B)(i)— here as guests of the House and that directly impacted by the terrorist attack in New (A) by striking ‘‘a violation’’ and inserting any manifestation of approval or dis- York City on September 11, 2001, I would ‘‘any violation (other than a violation of this have voted ‘‘yes.’’ section)’’; and approval of proceedings is in violation (B) by adding ‘‘except for an alleged viola- of the rules of the House. Mr. GENE GREEN of Texas. Madam tion that is a minor, inadvertent violation, Speaker, I would have voted ‘‘aye’’ on the b 1736 and occurs during the conscientious carrying Senate amendment to H.R. 847, the James out of official duties,’’ after regulation,’’. Mr. TERRY and BACHUS changed Zadroga 9/11 Health and Compensation Act. (b) PROHIBITED PERSONNEL PRACTICES their vote from ‘‘yea’’ to ‘‘nay.’’ Stated against: UNDER SECTION 2302(b)(9).— So the motion was agreed to. Mrs. BIGGERT. Madam Speaker, on rollcall (1) TECHNICAL AND CONFORMING AMEND- The result of the vote was announced No. 664 I was absent. Had I been present, I MENTS.—Title 5, United States Code, is as above recorded. would have voted ‘‘no.’’ amended in subsections (a)(3), (b)(4)(A), and A motion to reconsider was laid on Mr. DAVIS of Kentucky. Madam Speaker, (b)(4)(B)(i) of section 1214, in subsections (a), (e)(1), and (i) of section 1221, and in sub- the table. on Wednesday, December 22, 2010, I was ab- Stated for: section (a)(2)(C)(i) of section 2302, by insert- sent for one vote. Had I been present I would ing ‘‘or section 2302(b)(9) (A)(i), (B), (C), or Mr. BACA. Madam Speaker, I was absent have voted on rollcall No. 664—‘‘no’’—Motion (D)’’ after ‘‘section 2302(b)(8)’’ or ‘‘(b)(8)’’ on Wednesday, December 22, 2010. I had to concur in the Senate amendment to H.R. each place it appears. legislative business in the district. Had I been 847, James Zadroga 9/11 Health and Com- (2) OTHER REFERENCES.—(A) Title 5, United present, I would have voted in support of the pensation Act. States Code, is amended in subsection (b)(4)(B)(i) of section 1214 and in subsection Motion to Concur in the Senate Amendment to f H.R. 847—James Zadroga 9/11 Health and (e)(1) of section 1221, by inserting ‘‘or pro- Compensation Act. PERSONAL EXPLANATION tected activity’’ after ‘‘disclosure’’ each Ms. CHU. Madam Speaker, I was absent on place it appears. Mr. JOHNSON of Illinois. Madam Speaker, (B) Section 2302(b)(9) of title 5, United December 22, 2010. Had I been present, I unfortunately I was not able to be in Wash- States Code, is amended— would have voted ‘‘yes’’ on H.R. 847—James ington, DC today to vote on the motion to con- (i) by striking subparagraph (A)and insert- Zadroga 9/11 Health and Compensation Act. cur in the Senate Amendment to H.R. 847. ing the following: Mr. BRALEY of Iowa. Madam Speaker, I re- Had I been in Washington for this vote, I ‘‘(A) the exercise of any appeal, complaint, gret missing floor votes on today, December would have voted ‘‘present.’’ or grievance right granted by any law, rule, or regulation— 22, 2010 due to travel. If I was present, I f would have voted: ‘‘yea’’ on rollcall 664, mo- ‘‘(i) with regard to remedying a violation tion to concur in the Senate Amendment to WHISTLEBLOWER PROTECTION of paragraph (8); or ENHANCEMENT ACT OF 2010 ‘‘(ii) with regard to remedying a violation H.R. 847—James Zadroga 9/11 Health and of any other law, rule, or regulation;’’; and Compensation Act. Mr. VAN HOLLEN. Madam Speaker, (ii) in subparagraph (B), by inserting ‘‘(i) Ms. LEE of California. Madam Speaker, I ask unanimous consent to take from or (ii)’’ after ‘‘subparagraph (A)’’. today I missed rollcall vote 664 on H.R. 847. the Speaker’s table the bill (S. 372) to (C) Section 2302 of title 5, United States Had I been present I would have voted ‘‘aye.’’ amend chapter 23 of title 5, United Code, is amended by adding at the end the Ms. HERSETH SANDLIN. Madam Speaker, States Code, to clarify the disclosures following: I regret that I was unable to participate in one of information protected from prohib- ‘‘(f)(1) A disclosure shall not be excluded vote on the floor of the House of Representa- ited personnel practices, require a from subsection (b)(8) because— tives today. statement in nondisclosure policies, ‘‘(A) the disclosure was made to a person, forms, and agreements that such poli- including a supervisor, who participated in The vote was the Motion to Concur in the an activity that the employee or applicant Senate Amendment to H.R. 847—James cies, forms, and agreements conform reasonably believed to be covered by sub- Zadroga 9/11 Health and Compensation Act. with certain disclosure protections, section (b)(8)(A)(ii); Had I been present, I would have voted ‘‘yea’’ provide certain authority for the Spe- ‘‘(B) the disclosure revealed information on that question. cial Counsel, and for other purposes, that had been previously disclosed; Mr. GUTIERREZ. Madam Speaker, I was and ask for its immediate consider- ‘‘(C) of the employee’s or applicant’s mo- unavoidably absent for votes in the House ation in the House. tive for making the disclosure; Chamber today. I would like the record to The Clerk read the title of the bill. ‘‘(D) the disclosure was not made in writ- The SPEAKER pro tempore. Is there ing; show that, had I been present, I would have ‘‘(E) the disclosure was made while the em- voted ‘‘yea’’ on rollcall vote 664. objection to the request of the gen- ployee was off duty; or Ms. LINDA T. SA´ NCHEZ of California. tleman from Maryland? ‘‘(F) of the amount of time which has Madam Speaker, unfortunately, I was unable There was no objection. passed since the occurrence of the events de- to be present in the Capitol for votes on today, The text of the bill is as follows: scribed in the disclosure.

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.000 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23595 ‘‘(2) If a disclosure is made during the nor- (C) by inserting after paragraph (12) the ‘‘(ii)(I) the Federal Bureau of Investiga- mal course of duties of an employee, the dis- following: tion, the Central Intelligence Agency, the closure shall not be excluded from sub- ‘‘(13) implement or enforce any nondisclo- Defense Intelligence Agency, the National section (b)(8) if any employee who has au- sure policy, form, or agreement, if such pol- Geospatial-Intelligence Agency, the National thority to take, direct others to take, rec- icy, form, or agreement does not contain the Security Agency, the Office of the Director ommend, or approve any personnel action following statement: ‘These provisions are of National Intelligence, and the National with respect to the employee making the dis- consistent with and do not supersede, con- Reconnaissance Office; and closure, took, failed to take, or threatened flict with, or otherwise alter the employee ‘‘(II) as determined by the President, any to take or fail to take a personnel action obligations, rights, or liabilities created by executive agency or unit thereof the prin- with respect to that employee in reprisal for Executive Order 13526 (75 Fed. Reg. 707; relat- cipal function of which is the conduct of for- the disclosure.’’. ing to classified national security informa- eign intelligence or counterintelligence ac- SEC. 102. DEFINITIONAL AMENDMENTS. tion), or any successor thereto; Executive tivities, provided that the determination be Section 2302(a)(2) of title 5, United States Order 12968 (60 Fed. Reg. 40245; relating to ac- made prior to a personnel action; or’’. Code, is amended— cess to classified information), or any suc- SEC. 106. DISCIPLINARY ACTION. (1) in subparagraph (B)(ii), by striking cessor thereto; section 7211 of title 5, United Section 1215(a)(3) of title 5, United States ‘‘and’’ at the end; States Code (governing disclosures to Con- Code, is amended to read as follows: (2) in subparagraph (C)(iii), by striking the gress); section 1034 of title 10, United States ‘‘(3)(A) A final order of the Board may im- period at the end and inserting ‘‘; and’’; and Code (governing disclosure to Congress by pose— (3) by adding at the end the following: members of the military); section 2302(b)(8) ‘‘(i) disciplinary action consisting of re- ‘‘(D) ‘disclosure’ means a formal or infor- of title 5, United States Code (governing dis- moval, reduction in grade, debarment from mal communication or transmission, but closures of illegality, waste, fraud, abuse, or Federal employment for a period not to ex- does not include a communication con- public health or safety threats); the Intel- ceed 5 years, suspension, or reprimand; cerning policy decisions that lawfully exer- ligence Identities Protection Act of 1982 (50 ‘‘(ii) an assessment of a civil penalty not to cise discretionary authority unless the em- U.S.C. 421 et seq.) (governing disclosures that exceed $1,000; or ployee or applicant providing the disclosure could expose confidential Government ‘‘(iii) any combination of disciplinary ac- reasonably believes that the disclosure evi- agents); and the statutes which protect tions described under clause (i) and an as- dences— against disclosures that could compromise sessment described under clause (ii). ‘‘(i) any violation of any law, rule, or regu- national security, including sections 641, 793, ‘‘(B) In any case brought under paragraph lation, except for an alleged violation that is 794, 798, and 952 of title 18, United States (1) in which the Board finds that an em- a minor, inadvertent violation, and occurs Code, and section 4(b) of the Subversive Ac- ployee has committed a prohibited personnel during the conscientious carrying out of offi- tivities Control Act of 1950 (50 U.S.C. 783(b)). practice under section 2302(b)(8), or 2302(b)(9) cial duties; or The definitions, requirements, obligations, (A)(i), (B), (C), or (D), the Board may impose ‘‘(ii) gross mismanagement, a gross waste rights, sanctions, and liabilities created by disciplinary action if the Board finds that of funds, an abuse of authority, or a substan- such Executive order and such statutory pro- the activity protected under section tial and specific danger to public health or visions are incorporated into this agreement 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), or (D) safety.’’. and are controlling.’ ’’. was a significant motivating factor, even if SEC. 103. REBUTTABLE PRESUMPTION. (2) NONDISCLOSURE POLICY, FORM, OR AGREE- other factors also motivated the decision, for Section 2302(b) of title 5, United States MENT IN EFFECT BEFORE THE DATE OF ENACT- the employee’s decision to take, fail to take, Code, is amended by amending the matter MENT.—A nondisclosure policy, form, or or threaten to take or fail to take a per- following paragraph (12) to read as follows: agreement that was in effect before the date sonnel action, unless that employee dem- ‘‘This subsection shall not be construed to of enactment of this Act, but that does not onstrates, by preponderance of evidence, authorize the withholding of information contain the statement required under sec- that the employee would have taken, failed from Congress or the taking of any personnel tion 2302(b)(13) of title 5, United States Code, to take, or threatened to take or fail to take action against an employee who discloses in- (as added by this Act) for implementation or the same personnel action, in the absence of formation to Congress. For purposes of para- enforcement— such protected activity.’’. graph (8), any presumption relating to the (A) may be enforced with regard to a cur- performance of a duty by an employee whose SEC. 107. REMEDIES. rent employee if the agency gives such em- conduct is the subject of a disclosure as de- (a) ATTORNEY FEES.—Section 1204(m)(1) of ployee notice of the statement; and fined under subsection (a)(2)(D) may be re- title 5, United States Code, is amended by (B) may continue to be enforced after the butted by substantial evidence. For purposes striking ‘‘agency involved’’ and inserting of paragraph (8), a determination as to effective date of this Act with regard to a ‘‘agency where the prevailing party was em- whether an employee or applicant reason- former employee if the agency posts notice ployed or had applied for employment at the ably believes that such employee or appli- of the statement on the agency website for time of the events giving rise to the case’’. cant has disclosed information that evi- the 1-year period following that effective (b) DAMAGES.—Sections 1214(g)(2) and dences any violation of law, rule, regulation, date. 1221(g)(1)(A)(ii) of title 5, United States Code, gross mismanagement, a gross waste of (c) RETALIATORY INVESTIGATIONS.— are amended by striking all after ‘‘travel ex- funds, an abuse of authority, or a substantial (1) AGENCY INVESTIGATION.—Section 1214 of penses,’’ and inserting ‘‘any other reasonable and specific danger to public health or safety title 5, United States Code, is amended by and foreseeable consequential damages, and shall be made by determining whether a dis- adding at the end the following: compensatory damages (including interest, interested observer with knowledge of the es- ‘‘(h) Any corrective action ordered under reasonable expert witness fees, and costs).’’ sential facts known to and readily ascertain- this section to correct a prohibited personnel each place it appears. able by the employee could reasonably con- practice may include fees, costs, or damages SEC. 108. JUDICIAL REVIEW. clude that the actions of the Government reasonably incurred due to an agency inves- (a) IN GENERAL.—Section 7703(b) of title 5, evidence such violations, mismanagement, tigation of the employee, if such investiga- United States Code, is amended by striking waste, abuse, or danger.’’. tion was commenced, expanded, or extended the matter preceding paragraph (2) and in- SEC. 104. PERSONNEL ACTIONS AND PROHIBITED in retaliation for the disclosure or protected serting the following: PERSONNEL PRACTICES. activity that formed the basis of the correc- ‘‘(b)(1)(A) Except as provided in subpara- (a) PERSONNEL ACTION.—Section tive action.’’. graph (B) and paragraph (2) of this sub- 2302(a)(2)(A) of title 5, United States Code, is (2) DAMAGES.—Section 1221(g) of title 5, section, a petition to review a final order or amended— United States Code, is amended by adding at final decision of the Board shall be filed in (1) in clause (x), by striking ‘‘and’’ after the end the following: the United States Court of Appeals for the the semicolon; and ‘‘(4) Any corrective action ordered under Federal Circuit. Notwithstanding any other (2) by redesignating clause (xi) as clause this section to correct a prohibited personnel provision of law, any petition for review (xii) and inserting after clause (x) the fol- practice may include fees, costs, or damages shall be filed within 60 days after the Board lowing: reasonably incurred due to an agency inves- issues notice of the final order or decision of ‘‘(xi) the implementation or enforcement tigation of the employee, if such investiga- the Board. of any nondisclosure policy, form, or agree- tion was commenced, expanded, or extended ‘‘(B) During the 5-year period beginning on ment; and’’. in retaliation for the disclosure or protected the effective date of the Whistleblower Pro- (b) PROHIBITED PERSONNEL PRACTICE.— activity that formed the basis of the correc- tection Enhancement Act of 2010, a petition (1) IN GENERAL.—Section 2302(b) of title 5, tive action.’’. to review a final order or final decision of United States Code, is amended— SEC. 105. EXCLUSION OF AGENCIES BY THE the Board that raises no challenge to the (A) in paragraph (11), by striking ‘‘or’’ at PRESIDENT. Board’s disposition of allegations of a pro- the end; Section 2302(a)(2)(C) of title 5, United hibited personnel practice described in sec- (B) in paragraph (12), by striking the pe- States Code, is amended by striking clause tion 2302(b) other than practices described in riod and inserting ‘‘; or’’; and (ii) and inserting the following: section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C),

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23596 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 or (D) shall be filed in the United States (2) by inserting after section 2303 the fol- (II) gross mismanagement, a gross waste of Court of Appeals for the Federal Circuit or lowing: funds, an abuse of authority, or a substantial any court of appeals of competent jurisdic- ‘‘§ 2304. Prohibited personnel practices affect- and specific danger to public health or safe- tion as provided under paragraph (2).’’. ing the Transportation Security Adminis- ty; and (b) REVIEW OBTAINED BY OFFICE OF PER- tration (ii) such disclosure is not specifically pro- SONNEL MANAGEMENT.—Section 7703(d) of ‘‘(a) IN GENERAL.—Notwithstanding any hibited by law or such information is not title 5, United States Code, is amended to other provision of law, any individual hold- specifically required by Executive order to read as follows: ing or applying for a position within the be kept classified in the interest of national ‘‘(d)(1) Except as provided under paragraph Transportation Security Administration defense or the conduct of foreign affairs; and (2), this paragraph shall apply to any review shall be covered by— (B) shall come within the protections of obtained by the Director of the Office of Per- ‘‘(1) the provisions of section 2302(b) (1), (8), section 2302(b)(8)(B) of title 5, United States sonnel Management. The Director of the Of- and (9); Code, if— fice of Personnel Management may obtain ‘‘(2) any provision of law implementing (i) the employee or applicant reasonably review of any final order or decision of the section 2302(b) (1), (8), or (9) by providing any believes that the censorship related to re- Board by filing, within 60 days after the right or remedy available to an employee or search, analysis, or technical information is Board issues notice of the final order or deci- applicant for employment in the civil serv- or will cause— sion of the Board, a petition for judicial re- ice; and (I) any violation of law, rule, or regulation, view in the United States Court of Appeals ‘‘(3) any rule or regulation prescribed except for an alleged violation that is a for the Federal Circuit if the Director deter- under any provision of law referred to in minor, inadvertent violation, and occurs dur- mines, in the discretion of the Director, that paragraph (1) or (2). ing the conscientious carrying out of official the Board erred in interpreting a civil serv- ‘‘(b) RULE OF CONSTRUCTION.—Nothing in duties; or ice law, rule, or regulation affecting per- this section shall be construed to affect any (II) gross mismanagement, a gross waste of sonnel management and that the Board’s de- rights, apart from those described in sub- funds, an abuse of authority, or a substantial cision will have a substantial impact on a section (a), to which an individual described and specific danger to public health or safe- civil service law, rule, regulation, or policy in subsection (a) might otherwise be entitled ty; and directive. If the Director did not intervene in under law.’’. (ii) the disclosure is made to the Special a matter before the Board, the Director may (b) TECHNICAL AND CONFORMING AMEND- Counsel, or to the Inspector General of an not petition for review of a Board decision MENT.—The table of sections for chapter 23 of agency or another person designated by the under this section unless the Director first title 5, United States Code, is amended by head of the agency to receive such disclo- petitions the Board for a reconsideration of striking the items relating to sections 2304 sures, consistent with the protection of its decision, and such petition is denied. In and 2305, respectively, and by inserting the sources and methods. addition to the named respondent, the Board following: (2) DISCLOSURES NOT EXCLUDED.—A disclo- and all other parties to the proceedings be- ‘‘2304. Prohibited personnel practices affect- sure shall not be excluded from paragraph (1) fore the Board shall have the right to appear ing the Transportation Secu- for any reason described under section in the proceeding before the Court of Ap- rity Administration. 2302(f)(1) or (2) of title 5, United States Code. peals. The granting of the petition for judi- ‘‘2305. Responsibility of the Government Ac- (3) RULE OF CONSTRUCTION.—Nothing in this cial review shall be at the discretion of the countability Office. section shall be construed to imply any limi- Court of Appeals. ‘‘2306. Coordination with certain other provi- tation on the protections of employees and ‘‘(2) During the 5-year period beginning on sions of law.’’. applicants afforded by any other provision of the effective date of the Whistleblower Pro- (c) EFFECTIVE DATE.—The amendments law, including protections with respect to tection Enhancement Act of 2010, this para- made by this section shall take effect on the any disclosure of information believed to be graph shall apply to any review obtained by date of enactment of this section. evidence of censorship related to research, the Director of the Office of Personnel Man- SEC. 110. DISCLOSURE OF CENSORSHIP RELATED analysis, or technical information. agement that raises no challenge to the TO RESEARCH, ANALYSIS, OR TECH- SEC. 111. CLARIFICATION OF WHISTLEBLOWER Board’s disposition of allegations of a pro- NICAL INFORMATION. RIGHTS FOR CRITICAL INFRASTRUC- hibited personnel practice described in sec- (a) DEFINITIONS.—In this subsection— TURE INFORMATION. tion 2302(b) other than practices described in (1) the term ‘‘agency’’ has the meaning Section 214(c) of the Homeland Security section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), given under section 2302(a)(2)(C) of title 5, Act of 2002 (6 U.S.C. 133(c)) is amended by or (D). The Director of the Office of Per- United States Code; adding at the end the following: ‘‘For pur- sonnel Management may obtain review of (2) the term ‘‘applicant’’ means an appli- poses of this section a permissible use of any final order or decision of the Board by cant for a covered position; independently obtained information includes filing, within 60 days after the Board issues (3) the term ‘‘censorship related to re- the disclosure of such information under sec- notice of the final order or decision of the search, analysis, or technical information’’ tion 2302(b)(8) of title 5, United States Board, a petition for judicial review in the means any effort to distort, misrepresent, or Code.’’. United States Court of Appeals for the Fed- suppress research, analysis, or technical in- SEC. 112. ADVISING EMPLOYEES OF RIGHTS. eral Circuit or any court of appeals of com- formation; Section 2302(c) of title 5, United States petent jurisdiction as provided under sub- (4) the term ‘‘covered position’’ has the Code, is amended by inserting ‘‘, including section (b)(2) if the Director determines, in meaning given under section 2302(a)(2)(B) of how to make a lawful disclosure of informa- the discretion of the Director, that the title 5, United States Code; tion that is specifically required by law or Board erred in interpreting a civil service (5) the term ‘‘employee’’ means an em- Executive order to be kept classified in the law, rule, or regulation affecting personnel ployee in a covered position in an agency; interest of national defense or the conduct of management and that the Board’s decision and foreign affairs to the Special Counsel, the In- will have a substantial impact on a civil (6) the term ‘‘disclosure’’ has the meaning spector General of an agency, Congress, or service law, rule, regulation, or policy direc- given under section 2302(a)(2)(D) of title 5, other agency employee designated to receive tive. If the Director did not intervene in a United States Code. such disclosures’’ after ‘‘chapter 12 of this matter before the Board, the Director may (b) PROTECTED DISCLOSURE.— title’’. not petition for review of a Board decision (1) IN GENERAL.—Any disclosure of informa- SEC. 113. SPECIAL COUNSEL AMICUS CURIAE AP- under this section unless the Director first tion by an employee or applicant for employ- PEARANCE. petitions the Board for a reconsideration of ment that the employee or applicant reason- Section 1212 of title 5, United States Code, its decision, and such petition is denied. In ably believes is evidence of censorship re- is amended by adding at the end the fol- addition to the named respondent, the Board lated to research, analysis, or technical in- lowing: and all other parties to the proceedings be- formation— ‘‘(h)(1) The Special Counsel is authorized fore the Board shall have the right to appear (A) shall come within the protections of to appear as amicus curiae in any action in the proceeding before the court of appeals. section 2302(b)(8)(A) of title 5, United States brought in a court of the United States re- The granting of the petition for judicial re- Code, if— lated to any civil action brought in connec- view shall be at the discretion of the court of (i) the employee or applicant reasonably tion with section 2302(b) (8) or (9), or as oth- appeals.’’. believes that the censorship related to re- erwise authorized by law. In any such action, SEC. 109. PROHIBITED PERSONNEL PRACTICES search, analysis, or technical information is the Special Counsel is authorized to present AFFECTING THE TRANSPORTATION or will cause— the views of the Special Counsel with respect SECURITY ADMINISTRATION. (I) any violation of law, rule, or regulation, to compliance with section 2302(b) (8) or (9) (a) IN GENERAL.—Chapter 23 of title 5, except for an alleged violation that is a and the impact court decisions would have United States Code, is amended— minor, inadvertent violation, and occurs dur- on the enforcement of such provisions of law. (1) by redesignating sections 2304 and 2305 ing the conscientious carrying out of official ‘‘(2) A court of the United States shall as sections 2305 and 2306, respectively; and duties; or grant the application of the Special Counsel

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23597 to appear in any such action for the purposes ument is to be used. Such policy, form, or which paragraph (3) or (4) applies may file an described under subsection (a).’’. agreement shall, at a minimum, require that action at law or equity for de novo review in SEC. 114. SCOPE OF DUE PROCESS. the person will not disclose any classified in- the appropriate United States district court (a) SPECIAL COUNSEL.—Section formation received in the course of such ac- in accordance with this subsection. 1214(b)(4)(B)(ii) of title 5, United States Code, tivity unless specifically authorized to do so ‘‘(B) Upon initiation of any action under is amended by inserting ‘‘, after a finding by the United States Government. Such non- subparagraph (A), the Board shall stay any that a protected disclosure was a contrib- disclosure policy, form, or agreement shall other claims of such employee, former em- uting factor,’’ after ‘‘ordered if’’. also make it clear that such forms do not bar ployee, or applicant pending before the (b) INDIVIDUAL ACTION.—Section 1221(e)(2) disclosures to Congress or to an authorized Board at that time which arise out of the of title 5, United States Code, is amended by official of an executive agency or the Depart- same set of operative facts. Such claims inserting ‘‘, after a finding that a protected ment of Justice that are essential to report- shall be stayed pending completion of the ac- disclosure was a contributing factor,’’ after ing a substantial violation of law, consistent tion filed under subparagraph (A) before the ‘‘ordered if’’. with the protection of sources and methods. appropriate United States district court and SEC. 116. REPORTING REQUIREMENTS. any associated appellate review. SEC. 115. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS. (a) GOVERNMENT ACCOUNTABILITY OFFICE.— ‘‘(3) This paragraph applies in any case in which— (a) IN GENERAL.— (1) REPORT.—Not later than 40 months ‘‘(A) an employee, former employee, or ap- (1) REQUIREMENT.—Each agreement in after the date of enactment of this Act, the Standard Forms 312 and 4414 of the Govern- Comptroller General shall submit a report to plicant for employment— ment and any other nondisclosure policy, the Committee on Homeland Security and ‘‘(i) seeks corrective action from the Merit form, or agreement of the Government shall Governmental Affairs of the Senate and the Systems Protection Board under section contain the following statement: ‘‘These re- Committee on Oversight and Government 1221(a) based on an alleged prohibited per- strictions are consistent with and do not su- Reform of the House of Representatives on sonnel practice described in section 2302(b) persede, conflict with, or otherwise alter the the implementation of this title. (8) or (9) (A)(i), (B), (C), or (D) for which the employee obligations, rights, or liabilities (2) CONTENTS.—The report under this para- associated personnel action is an action cov- graph shall include— created by Executive Order 13526 (75 Fed. ered under section 7512 or 7542; or (A) an analysis of any changes in the num- Reg. 707; relating to classified national secu- ‘‘(ii) files an appeal under section 7701(a) ber of cases filed with the United States rity information), or any successor thereto; alleging as an affirmative defense the com- Merit Systems Protection Board alleging Executive Order 12968 (60 Fed. Reg. 40245; re- mission of a prohibited personnel practice violations of section 2302(b) (8) or (9) of title lating to access to classified information), or described in section 2302(b) (8) or (9) (A)(i), 5, United States Code, since the effective any successor thereto; section 7211 of title 5, (B), (C), or (D) for which the associated per- date of this Act; United States Code (governing disclosures to sonnel action is an action covered under sec- (B) the outcome of the cases described Congress); section 1034 of title 10, United tion 7512 or 7542; under subparagraph (A), including whether States Code (governing disclosure to Con- ‘‘(B) no final order or decision is issued by or not the United States Merit Systems Pro- the Board within 270 days after the date on gress by members of the military); section tection Board, the Federal Circuit Court of 2302(b)(8) of title 5, United States Code (gov- which a request for that corrective action or Appeals, or any other court determined the appeal has been duly submitted, unless the erning disclosures of illegality, waste, fraud, allegations to be frivolous or malicious; abuse, or public health or safety threats); Board determines that the employee, former (C) an analysis of the outcome of cases de- employee, or applicant for employment en- the Intelligence Identities Protection Act of scribed under subparagraph (A) that were de- 1982 (50 U.S.C. 421 et seq.) (governing disclo- gaged in conduct intended to delay the cided by a United States District Court and issuance of a final order or decision by the sures that could expose confidential Govern- the impact the process has on the Merit Sys- ment agents); and the statutes which protect Board; and tems Protection Board and the Federal court ‘‘(C) such employee, former employee, or against disclosure that may compromise the system; and national security, including sections 641, 793, applicant provides written notice to the (D) any other matter as determined by the Board of filing an action under this sub- 794, 798, and 952 of title 18, United States Comptroller General. Code, and section 4(b) of the Subversive Ac- section before the filing of that action. (b) MERIT SYSTEMS PROTECTION BOARD.— ‘‘(4) This paragraph applies in any case in tivities Act of 1950 (50 U.S.C. 783(b)). The (1) IN GENERAL.—Each report submitted an- which— definitions, requirements, obligations, nually by the Merit Systems Protection ‘‘(A) an employee, former employee, or ap- rights, sanctions, and liabilities created by Board under section 1116 of title 31, United plicant for employment — such Executive order and such statutory pro- States Code, shall, with respect to the period ‘‘(i) seeks corrective action from the Merit visions are incorporated into this agreement covered by such report, include as an adden- Systems Protection Board under section and are controlling.’’. dum the following: 1221(a) based on an alleged prohibited per- (2) ENFORCEABILITY.— (A) Information relating to the outcome of sonnel practice described in section 2302(b) (A) IN GENERAL.—Any nondisclosure policy, cases decided during the applicable year of (8) or (9) (A)(i), (B), (C), or (D) for which the form, or agreement described under para- the report in which violations of section associated personnel action is an action cov- graph (1) that does not contain the state- 2302(b) (8) or (9) (A)(i), (B)(i), (C), or (D) of ered under section 7512 or 7542; or ment required under paragraph (1) may not title 5, United States Code, were alleged. ‘‘(ii) files an appeal under section 7701(a)(1) be implemented or enforced to the extent (B) The number of such cases filed in the alleging as an affirmative defense the com- such policy, form, or agreement is incon- regional and field offices, the number of peti- mission of a prohibited personnel practice sistent with that statement. tions for review filed in such cases, and the described in section 2302(b) (8) or (9) (A)(i), (B) NONDISCLOSURE POLICY, FORM, OR outcomes of such cases. (B), (C), or (D) for which the associated per- AGREEMENT IN EFFECT BEFORE THE DATE OF (2) FIRST REPORT.—The first report de- sonnel action is an action covered under sec- ENACTMENT.—A nondisclosure policy, form, scribed under paragraph (1) submitted after tion 7512 or 7542; or agreement that was in effect before the the date of enactment of this Act shall in- ‘‘(B)(i) within 30 days after the date on date of enactment of this Act, but that does clude an addendum required under that sub- which the request for corrective action or not contain the statement required under paragraph that covers the period beginning appeal was duly submitted, such employee, paragraph (1)— on January 1, 2009 through the end of the fis- former employee, or applicant for employ- (i) may be enforced with regard to a cur- cal year 2009. ment files a motion requesting a certifi- rent employee if the agency gives such em- SEC. 117. ALTERNATIVE REVIEW. cation consistent with subparagraph (C) to ployee notice of the statement; and (a) IN GENERAL.—Section 1221 of title 5, the Board, any administrative law judge ap- (ii) may continue to be enforced after the United States Code, is amended by adding at pointed by the Board under section 3105 of effective date of this Act with regard to a the end the following: this title and assigned to the case, or any former employee if the agency posts notice ‘‘(k)(1) In this subsection, the term ‘appro- employee of the Board designated by the of the statement on the agency website for priate United States district court’, as used Board and assigned to the case; and the 1-year period following that effective with respect to an alleged prohibited per- ‘‘(ii) such employee has not previously date. sonnel practice, means the United States dis- filed a motion under clause (i) related to (b) PERSONS OTHER THAN GOVERNMENT EM- trict court for the judicial district in that request for corrective action; and PLOYEES.—Notwithstanding subsection (a), a which— ‘‘(C) the Board, any administrative law nondisclosure policy, form, or agreement ‘‘(A) the prohibited personnel practice is judge appointed by the Board under section that is to be executed by a person connected alleged to have been committed; or 3105 of this title and assigned to the case, or with the conduct of an intelligence or intel- ‘‘(B) the employee, former employee, or ap- any employee of the Board designated by the ligence-related activity, other than an em- plicant for employment allegedly affected by Board and assigned to the case certifies ployee or officer of the United States Gov- such practice resides. that— ernment, may contain provisions appropriate ‘‘(2)(A) An employee, former employee, or ‘‘(i) under standard applicable to the re- to the particular activity for which such doc- applicant for employment in any case to view of motions to dismiss under rule 12(b)(6)

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(2) in subsection (c), by striking ‘‘intel- the motion under subparagraph (B)) would ‘‘(8) An appeal from a final decision of a ligence committees’’ and inserting ‘‘appro- not be subject to dismissal; and district court in an action under this sub- priate committees’’; ‘‘(ii)(I) the Board is not likely to dispose of section shall be taken to the Court of Ap- (3) in subsection (d)— the case within 270 days after the date on peals for the Federal Circuit or any court of (A) in paragraph (1), by striking ‘‘either or which a request for that corrective action appeals of competent jurisdiction. both of the intelligence committees’’ and in- has been duly submitted; or ‘‘(9) This subsection applies with respect to serting ‘‘any of the appropriate commit- ‘‘(II) the case— any appeal, petition, or other request for tees’’; and ‘‘(aa) consists of multiple claims; corrective action duly submitted to the (B) in paragraphs (2) and (3), by striking ‘‘(bb) requires complex or extensive dis- Board, whether under section 1214(b)(2), the ‘‘intelligence committees’’ each place that covery; preceding provisions of this section, section term appears and inserting ‘‘appropriate ‘‘(cc) arises out of the same set of opera- 7513(d), section 7701, or any otherwise appli- committees’’; tive facts as any civil action against the cable provisions of law, rule, or regulation.’’. (4) in subsection (h)— Government filed by the employee, former (b) SUNSET.— (A) in paragraph (1)— employee, or applicant pending in a Federal (1) IN GENERAL.—Except as provided under (i) in subparagraph (A), by striking ‘‘intel- court; or paragraph (2), the amendments made by this ligence’’; and ‘‘(dd) involves a novel question of law. section shall cease to have effect 5 years (ii) in subparagraph (B), by inserting ‘‘or ‘‘(5) The Board shall grant or deny any mo- after the effective date of this Act. an activity involving classified information’’ tion requesting a certification described (2) PENDING CLAIMS.—The amendments after ‘‘an intelligence activity’’; and under paragraph (4)(ii) within 90 days after made by this section shall continue to apply (B) by striking paragraph (2), and inserting the submission of such motion and the Board with respect to any claim pending before the the following: may not issue a decision on the merits of a Board on the last day of the 5-year period de- ‘‘(2) The term ‘appropriate committees’ request for corrective action within 15 days scribed under paragraph (1). means the Permanent Select Committee on after granting or denying a motion request- SEC. 118. MERIT SYSTEMS PROTECTION BOARD Intelligence of the House of Representatives ing certification. SUMMARY JUDGMENT. and the Select Committee on Intelligence of ‘‘(6)(A) Any decision of the Board, any ad- (a) IN GENERAL.—Section 1204(b) of title 5, the Senate, except that with respect to dis- ministrative law judge appointed by the United States Code, is amended— closures made by employees described in Board under section 3105 of this title and as- (1) by redesignating paragraph (3) as para- subsection (a)(1)(D), the term ‘appropriate signed to the case, or any employee of the graph (4); committees’ means the committees of appro- Board designated by the Board and assigned (2) by inserting after paragraph (2) the fol- priate jurisdiction.’’. to the case to grant or deny a certification lowing: SEC. 120. WHISTLEBLOWER PROTECTION OM- described under paragraph (4)(ii) shall be re- ‘‘(3) With respect to a request for correc- BUDSMAN. viewed on appeal of a final order or decision tive action based on an alleged prohibited (a) IN GENERAL.—Section 3 of the Inspector of the Board under section 7703 only if— personnel practice described in section General Act of 1978 (5 U.S.C. App.) is amend- ‘‘(i) a motion requesting a certification 2302(b) (8) or (9) (A)(i), (B), (C), or (D) for ed by striking subsection (d) and inserting was denied; and which the associated personnel action is an the following: ‘‘(ii) the reviewing court vacates the deci- action covered under section 7512 or 7542, the ‘‘(d)(1) Each Inspector General shall, in ac- sion of the Board on the merits of the claim Board, any administrative law judge ap- cordance with applicable laws and regula- under the standards set forth in section pointed by the Board under section 3105 of tions governing the civil service— 7703(c). this title, or any employee of the Board des- ‘‘(A) appoint an Assistant Inspector Gen- ignated by the Board may, with respect to eral for Auditing who shall have the respon- ‘‘(B) The decision to deny the certification any party, grant a motion for summary judg- sibility for supervising the performance of shall be overturned by the reviewing court, ment when the Board or the administrative auditing activities relating to programs and and an order granting certification shall be law judge determines that there is no gen- operations of the establishment; issued by the reviewing court, if such deci- uine issue as to any material fact and that ‘‘(B) appoint an Assistant Inspector Gen- sion is found to be arbitrary, capricious, or the moving party is entitled to a judgment eral for Investigations who shall have the re- an abuse of discretion. as a matter of law.’’. sponsibility for supervising the performance ‘‘(C) The reviewing court’s decision shall (b) SUNSET.— of investigative activities relating to such not be considered evidence of any determina- (1) IN GENERAL.—Except as provided under programs and operations; and tion by the Board, any administrative law paragraph (2), the amendments made by this ‘‘(C) designate a Whistleblower Protection judge appointed by the Board under section section shall cease to have effect 5 years Ombudsman who shall educate agency em- 3105 of this title, or any employee of the after the effective date of this Act. ployees— Board designated by the Board on the merits (2) PENDING CLAIMS.—The amendments ‘‘(i) about prohibitions on retaliation for of the underlying allegations during the made by this section shall continue to apply protected disclosures; and course of any action at law or equity for de with respect to any claim pending before the ‘‘(ii) who have made or are contemplating novo review in the appropriate United States Board on the last day of the 5-year period de- making a protected disclosure about the district court in accordance with this sub- scribed under paragraph (1). rights and remedies against retaliation for section. SEC. 119. DISCLOSURES OF CLASSIFIED INFOR- protected disclosures. ‘‘(7) In any action filed under this sub- MATION. ‘‘(2) The Whistleblower Protection Om- section— (a) PROHIBITED PERSONNEL PRACTICES.— budsman shall not act as a legal representa- ‘‘(A) the district court shall have jurisdic- Section 2302(b)(8) of title 5, United States tive, agent, or advocate of the employee or tion without regard to the amount in con- Code, is amended— former employee. troversy; (1) in subparagraph (A), by striking ‘‘or’’ ‘‘(3) For the purposes of this section, the ‘‘(B) at the request of either party, such after the semicolon; requirement of the designation of a Whistle- action shall be tried by the court with a (2) in subparagraph (B), by adding ‘‘or’’ blower Protection Ombudsman under para- jury; after the semicolon; and graph (1)(C) shall not apply to— ‘‘(C) the court— (3) by adding at the end the following: ‘‘(A) any agency that is an element of the ‘‘(i) subject to clause (iii), shall apply the ‘‘(C) any communication that complies intelligence community (as defined in sec- standards set forth in subsection (e); and with subsection (a)(1), (d), or (h) of section tion 3(4) of the National Security Act of 1947 ‘‘(ii) may award any relief which the court 8H of the Inspector General Act of 1978 (5 (50 U.S.C. 401a(4))); or considers appropriate under subsection (g), U.S.C. App);’’. ‘‘(B) as determined by the President, any except— (b) INSPECTOR GENERAL ACT OF 1978.—Sec- executive agency or unit thereof the prin- ‘‘(I) relief for compensatory damages may tion 8H of the Inspector General Act of 1978 cipal function of which is the conduct of for- not exceed $300,000; and (5 U.S.C. App) is amended— eign intelligence or counter intelligence ac- ‘‘(II) relief may not include punitive dam- (1) in subsection (a)(1), by adding at the tivities.’’. ages; and end the following: (b) TECHNICAL AND CONFORMING AMEND- ‘‘(iii) notwithstanding subsection (e)(2), ‘‘(D) An employee of any agency, as that MENT.—Section 8D(j) of the Inspector Gen- may not order relief if the agency dem- term is defined under section 2302(a)(2)(C) of eral Act of 1978 (5 U.S.C. App.) is amended— onstrates by a preponderance of the evidence title 5, United States Code, who intends to (1) by striking ‘‘section 3(d)(1)’’ and insert- that the agency would have taken the same report to Congress a complaint or informa- ing ‘‘section 3(d)(1)(A)’’; and personnel action in the absence of such dis- tion with respect to an urgent concern may (2) by striking ‘‘section 3(d)(2)’’ and insert- closure; and report the complaint or information to the ing ‘‘section 3(d)(1)(B)’’.

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(c) SUNSET.— Bureau of Investigation from exercising ‘‘(E) that not more than 180 days shall pass (1) IN GENERAL.—The amendments made by rights currently provided under any other from the filing of the appeal to the report of this section shall cease to have effect on the law, rule, or regulation, including section the impartial fact-finder to the agency head date that is 5 years after the date of enact- 2303; or the designee of the agency head, unless— ment of this Act. ‘‘(2) repeal section 2303; or ‘‘(i) the employee and the agency con- (2) RETURN TO PRIOR AUTHORITY.—Upon the ‘‘(3) provide the President or Director of cerned agree to an extension; or date described in paragraph (1), section 3(d) National Intelligence the authority to revise ‘‘(ii) the impartial fact-finder determines and section 8D(j) of the Inspector General regulations related to section 2303, codified in writing that a greater period of time is re- Act of 1978 (5 U.S.C. App.) shall read as such in part 27 of the Code of Federal Regula- quired in the interest of fairness or national sections read on the day before the date of tions.’’. security; enactment of this Act. (b) TECHNICAL AND CONFORMING AMEND- ‘‘(F) for the use of information specifically MENT.—The table of sections for chapter 23 of TITLE II—INTELLIGENCE COMMUNITY required by Executive order to be kept clas- title 5, United States Code, is amended by in- sified in the interest of national defense or WHISTLEBLOWER PROTECTIONS serting after the item relating to section 2303 the conduct of foreign affairs in a manner SEC. 201. PROTECTION OF INTELLIGENCE COM- the following: consistent with the interests of national se- MUNITY WHISTLEBLOWERS. ‘‘2303A. Prohibited personnel practices in the curity, including ex parte submissions if the (a) IN GENERAL.—Chapter 23 of title 5, intelligence community.’’. agency determines that the interests of na- United States Code, is amended by inserting SEC. 202. REVIEW OF SECURITY CLEARANCE OR tional security so warrant; and after section 2303 the following: ACCESS DETERMINATIONS. ‘‘(G) that the employee or former employee ‘‘§ 2303A. Prohibited personnel practices in (a) IN GENERAL.—Section 3001(b) of the In- shall have no right to compel the production the intelligence community telligence Reform and Terrorism Prevention of information specifically required by Exec- ‘‘(a) DEFINITIONS.—In this section— Act of 2004 (50 U.S.C. 435b(b)) is amended— utive order to be kept classified in the inter- ‘‘(1) the term ‘agency’ means an executive (1) in the matter preceding paragraph (1), est of national defense or the conduct of for- department or independent establishment, as by striking ‘‘Not’’ and inserting ‘‘Except as eign affairs, except evidence necessary to es- defined under sections 101 and 104, that con- otherwise provided, not’’; tablish that the employee made the disclo- tains an intelligence community element, (2) in paragraph (5), by striking ‘‘and’’ sure or communication such employee al- except the Federal Bureau of Investigation; after the semicolon; leges was protected by subparagraphs (A), ‘‘(2) the term ‘intelligence community ele- (3) in paragraph (6), by striking the period (B), and (C) of subsection (j)(1).’’. ETALIATORY REVOCATION OF SECURITY ment’— at the end and inserting ‘‘; and’’; and (b) R CLEARANCES AND ACCESS DETERMINATIONS.— ‘‘(A) means— (4) by inserting after paragraph (6) the fol- Section 3001 of the Intelligence Reform and ‘‘(i) the Central Intelligence Agency, the lowing: Terrorism Prevention Act of 2004 (50 U.S.C. Defense Intelligence Agency, the National ‘‘(7) not later than 180 days after the date of enactment of the Whistleblower Protec- 435b) is amended by adding at the end the Geospatial-Intelligence Agency, the National tion Enhancement Act of 2010— following: Security Agency, the Office of the Director ‘‘(A) developing policies and procedures ‘‘(j) RETALIATORY REVOCATION OF SECURITY of National Intelligence, and the National that permit, to the extent practicable, indi- CLEARANCES AND ACCESS DETERMINATIONS.— Reconnaissance Office; and viduals who challenge in good faith a deter- ‘‘(1) IN GENERAL.—Agency personnel with ‘‘(ii) any executive agency or unit thereof mination to suspend or revoke a security authority over personnel security clearance determined by the President under section clearance or access to classified information or access determinations shall not take or 2302(a)(2)(C)(ii) of title 5, United States Code, to retain their government employment sta- fail to take, or threaten to take or fail to to have as its principal function the conduct tus while such challenge is pending; and take, any action with respect to any employ- of foreign intelligence or counterintelligence ‘‘(B) developing and implementing uniform ee’s security clearance or access determina- activities; and and consistent policies and procedures to en- tion because of— ‘‘(B) does not include the Federal Bureau sure proper protections during the process ‘‘(A) any disclosure of information to the of Investigation; and for denying, suspending, or revoking a secu- Director of National Intelligence (or an em- ‘‘(3) the term ‘personnel action’ means any rity clearance or access to classified infor- ployee designated by the Director of Na- action described in clauses (i) through (x) of mation, including the provision of a right to tional Intelligence for such purpose) or the section 2302(a)(2)(A) with respect to an em- appeal such a denial, suspension, or revoca- head of the employing agency (or employee ployee in a position in an intelligence com- tion, except that there shall be no appeal of designated by the head of that agency for munity element (other than a position of a an agency’s suspension of a security clear- such purpose) by an employee that the em- confidential, policy-determining, policy- ance or access determination for purposes of ployee reasonably believes evidences— making, or policy-advocating character). conducting an investigation, if that suspen- ‘‘(i) a violation of any law, rule, or regula- ‘‘(b) IN GENERAL.—Any employee of an sion lasts no longer than 1 year or the head tion, except for an alleged violation that is a agency who has authority to take, direct of the agency certifies that a longer suspen- minor, inadvertent violation, and occurs dur- others to take, recommend, or approve any sion is needed before a final decision on de- ing the conscientious carrying out of official personnel action, shall not, with respect to nial or revocation to prevent imminent harm duties; or such authority, take or fail to take a per- to the national security. ‘‘(ii) gross mismanagement, a gross waste sonnel action with respect to any employee ‘‘Any limitation period applicable to an of funds, an abuse of authority, or a substan- of an intelligence community element as a agency appeal under paragraph (7) shall be tial and specific danger to public health or reprisal for a disclosure of information by tolled until the head of the agency (or in the safety; the employee to the Director of National In- case of any component of the Department of ‘‘(B) any disclosure to the Inspector Gen- telligence (or an employee designated by the Defense, the Secretary of Defense) deter- eral of an agency or another employee des- Director of National Intelligence for such mines, with the concurrence of the Director ignated by the head of the agency to receive purpose), or to the head of the employing of National Intelligence, that the policies such disclosures, of information which the agency (or an employee designated by the and procedures described in paragraph (7) employee reasonably believes evidences— head of that agency for such purpose), which have been established for the agency or the ‘‘(i) a violation of any law, rule, or regula- the employee reasonably believes evi- Director of National Intelligence promul- tion, except for an alleged violation that is a dences— gates the policies and procedures under para- minor, inadvertent violation, and occurs dur- ‘‘(1) a violation of any law, rule, or regula- graph (7). The policies and procedures for ap- ing the conscientious carrying out of official tion, except for an alleged violation that— peals developed under paragraph (7) shall be duties; or ‘‘(A) is a minor, inadvertent violation; and comparable to the policies and procedures ‘‘(ii) gross mismanagement, a gross waste ‘‘(B) occurs during the conscientious car- pertaining to prohibited personnel practices of funds, an abuse of authority, or a substan- rying out of official duties; or defined under section 2302(b)(8) of title 5, tial and specific danger to public health or ‘‘(2) mismanagement, a gross waste of United States Code, and provide— safety; funds, an abuse of authority, or a substantial ‘‘(A) for an independent and impartial fact- ‘‘(C) any communication that complies and specific danger to public health or safe- finder; with— ty. ‘‘(B) for notice and the opportunity to be ‘‘(i) subsection (a)(1), (d), or (h) of section ‘‘(c) ENFORCEMENT.—The President shall heard, including the opportunity to present 8H of the Inspector General Act of 1978 (5 provide for the enforcement of this section in relevant evidence, including witness testi- U.S.C. App.); a manner consistent with applicable provi- mony; ‘‘(ii) subsection (d)(5)(A), (D), or (G) of sec- sions of sections 1214 and 1221. ‘‘(C) that the employee or former employee tion 17 of the Central Intelligence Agency ‘‘(d) EXISTING RIGHTS PRESERVED.—Noth- may be represented by counsel; Act of 1949 (50 U.S.C. 403q); or ing in this section shall be construed to— ‘‘(D) that the employee or former employee ‘‘(iii) subsection (k)(5)(A), (D), or (G), of ‘‘(1) preempt or preclude any employee, or has a right to a decision based on the record section 103H of the National Security Act of applicant for employment, at the Federal developed during the appeal; 1947 (50 U.S.C. 403–3h);

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23600 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 ‘‘(D) the exercise of any appeal, complaint, other reasonable costs incurred, and may in- interests of national security, with any or grievance right granted by any law, rule, clude back pay and related benefits, travel doubt resolved in favor of national security, or regulation; expenses, and compensatory damages not to under Executive Order 12968 (60 Fed. Reg. ‘‘(E) testifying for or otherwise lawfully exceed $300,000. 40245; relating to access to classified infor- assisting any individual in the exercise of ‘‘(C) CONTRIBUTING FACTOR.—In deter- mation) or any successor thereto (including any right referred to in subparagraph (D); or mining whether the adverse security clear- any adjudicative guidelines promulgated ‘‘(F) cooperating with or disclosing infor- ance or access determination violated para- under such orders) or any subsequent Execu- mation to the Inspector General of an agen- graph (1) of this subsection, the agency shall tive order, regulation, or policy concerning cy, in accordance with applicable provisions find that paragraph (1) of this subsection was access to classified information. of law in connection with an audit, inspec- violated if a disclosure described in para- ‘‘(H) REMEDIES.— tion, or investigation conducted by the In- graph (1) was a contributing factor in the ad- ‘‘(i) CORRECTIVE ACTION.—If the Board finds spector General, verse security clearance or access deter- that the adverse security clearance or access if the actions described under subparagraphs mination taken against the individual, un- determination violated paragraph (1), it (D) through (F) do not result in the employee less the agency demonstrates by a prepon- shall order the agency head to take specific or applicant unlawfully disclosing informa- derance of the evidence that it would have corrective action to return the employee or tion specifically required by Executive order taken the same action in the absence of such former employee, as nearly as practicable to be kept classified in the interest of na- disclosure, giving the utmost deference to and reasonable, to the position such em- tional defense or the conduct of foreign af- the agency’s assessment of the particular ployee or former employee would have held fairs. threat to the national security interests of had the violation not occurred. Such correc- ‘‘(2) RULE OF CONSTRUCTION.—Consistent the United States in the instant matter. tive action shall include reasonable attor- with the protection of sources and methods, ‘‘(5) APPELLATE REVIEW OF SECURITY CLEAR- ney’s fees and any other reasonable costs in- nothing in paragraph (1) shall be construed ANCE ACCESS DETERMINATIONS BY DIRECTOR OF curred, and may include back pay and re- to authorize the withholding of information NATIONAL INTELLIGENCE.— lated benefits, travel expenses, and compen- from the Congress or the taking of any per- ‘‘(A) DEFINITION.—In this paragraph, the satory damages not to exceed $300,000. The sonnel action against an employee who dis- term ‘Board’ means the appellate review Board may recommend, but may not order, closes information to the Congress. board established under section 204 of the reinstatement or hiring of a former em- ‘‘(3) DISCLOSURES.— Whistleblower Protection Enhancement Act ployee. The Board may order that the former ‘‘(A) IN GENERAL.—A disclosure shall not be of 2010. employee be treated as though the employee excluded from paragraph (1) because— ‘‘(B) APPEAL.—Within 60 days after receiv- were transferring from the most recent posi- ‘‘(i) the disclosure was made to a person, ing notice of an adverse final agency deter- tion held when seeking other positions with- including a supervisor, who participated in mination under a proceeding under para- in the executive branch. Any corrective ac- an activity that the employee reasonably be- graph (4), an employee or former employee tion shall not include the reinstating of any lieved to be covered by paragraph (1)(A)(ii); may appeal that determination to the Board. security clearance or access determination. The agency head shall take the actions so or- ‘‘(ii) the disclosure revealed information ‘‘(C) POLICIES AND PROCEDURES.—The that had been previously disclosed; Board, in consultation with the Attorney dered within 90 days, unless the Director of ‘‘(iii) of the employee’s motive for making General, Director of National Intelligence, National Intelligence, the Secretary of En- ergy, or the Secretary of Defense, in the case the disclosure; and the Secretary of Defense, shall develop of any component of the Department of De- ‘‘(iv) the disclosure was not made in writ- and implement policies and procedures for fense, determines that doing so would endan- ing; adjudicating the appeals authorized by sub- ger national security. ‘‘(v) the disclosure was made while the em- paragraph (B). The Director of National In- ‘‘(ii) RECOMMENDED ACTION.—If the Board ployee was off duty; or telligence and Secretary of Defense shall finds that reinstating the employee or ‘‘(vi) of the amount of time which has jointly approve any rules, regulations, or former employee’s security clearance or ac- passed since the occurrence of the events de- guidance issued by the Board concerning the cess determination is clearly consistent with scribed in the disclosure. procedures for the use or handling of classi- the interests of national security, it shall EPRISALS.—If a disclosure is made ‘‘(B) R fied information. recommend such action to the head of the during the normal course of duties of an em- ‘‘(D) REVIEW.—The Board’s review shall be entity selected under subsection (b) and the ployee, the disclosure shall not be excluded on the complete agency record, which shall head of the affected agency. from paragraph (1) if any employee who has be made available to the Board. The Board ‘‘(I) CONGRESSIONAL NOTIFICATION.— authority to take, direct others to take, rec- may not hear witnesses or admit additional ‘‘(i) ORDERS.—Consistent with the protec- ommend, or approve any personnel action evidence. Any portions of the record that tion of sources and methods, at the time the with respect to the employee making the dis- were submitted ex parte during the agency Board issues an order, the Chairperson of the closure, took, failed to take, or threatened proceedings shall be submitted ex parte to Board shall notify— to take or fail to take a personnel action the Board. ‘‘(I) the Committee on Homeland Security with respect to that employee in reprisal for ‘‘(E) FURTHER FACT-FINDING OR IMPROPER and Government Affairs of the Senate; the disclosure. DENIAL.—If the Board concludes that further ‘‘(II) the Select Committee on Intelligence ‘‘(4) AGENCY ADJUDICATION.— fact-finding is necessary or finds that the of the Senate; ‘‘(A) REMEDIAL PROCEDURE.—An employee agency improperly denied the employee or ‘‘(III) the Committee on Oversight and or former employee who believes that he or former employee the opportunity to present Government Reform of the House of Rep- she has been subjected to a reprisal prohib- evidence that, if admitted, would have a sub- resentatives; ited by paragraph (1) of this subsection may, stantial likelihood of altering the outcome, ‘‘(IV) the Permanent Select Committee on within 90 days after the issuance of notice of the Board shall remand the matter to the Intelligence of the House of Representatives; such decision, appeal that decision within agency from which it originated for addi- and the agency of that employee or former em- tional proceedings in accordance with the ‘‘(V) the committees of the Senate and the ployee through proceedings authorized by rules of procedure issued by the Board. House of Representatives that have jurisdic- paragraph (7) of subsection (a), except that ‘‘(F) DE NOVO DETERMINATION.—The Board tion over the employing agency, including in there shall be no appeal of an agency’s sus- shall make a de novo determination, based the case of a final order or decision of the pension of a security clearance or access de- on the entire record and under the standards Defense Intelligence Agency, the National termination for purposes of conducting an specified in paragraph (4), of whether the em- Geospatial-Intelligence Agency, the National investigation, if that suspension lasts not ployee or former employee received an ad- Security Agency, or the National Reconnais- longer than 1 year (or a longer period in ac- verse security clearance or access deter- sance Office, the Committee on Armed Serv- cordance with a certification made under mination in violation of paragraph (1). In ices of the Senate and the Committee on subsection (b)(7)). considering the record, the Board may weigh Armed Services of the House of Representa- ‘‘(B) CORRECTIVE ACTION.—If, in the course the evidence, judge the credibility of wit- tives. of proceedings authorized under subpara- nesses, and determine controverted ques- ‘‘(ii) RECOMMENDATIONS.—If the agency graph (A), it is determined that the adverse tions of fact. In doing so, the Board may con- head and the head of the entity selected security clearance or access determination sider the prior fact-finder’s opportunity to under subsection (b) do not follow the violated paragraph (1) of this subsection, the see and hear the witnesses. Board’s recommendation to reinstate a agency shall take specific corrective action ‘‘(G) ADVERSE SECURITY CLEARANCE OR AC- clearance, the head of the entity selected to return the employee or former employee, CESS DETERMINATION.—If the Board finds that under subsection (b) shall notify the com- as nearly as practicable and reasonable, to the adverse security clearance or access de- mittees described in subclauses (I) through the position such employee or former em- termination violated paragraph (1), it shall (V) of clause (i). ployee would have held had the violation not then separately determine whether rein- ‘‘(6) JUDICIAL REVIEW.—Nothing in this sec- occurred. Such corrective action shall in- stating the security clearance or access de- tion shall be construed to permit or require clude reasonable attorney’s fees and any termination is clearly consistent with the judicial review of any—

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23601 ‘‘(A) agency action under this section; or (A) by inserting ‘‘(i)’’ after ‘‘(B)’’; and committee, which shall be composed of intel- ‘‘(B) action of the appellate review board (B) by adding at the end the following: ligence community elements and inspectors established under section 204 of the Whistle- ‘‘(ii) If the Director determines that a com- general from intelligence community ele- blower Protection Enhancement Act of 2010. plaint or information transmitted under ments, for the purpose of hearing cases that ‘‘(7) PRIVATE CAUSE OF ACTION.—Nothing in paragraph (1) would create a conflict of in- arise in elements of the intelligence commu- this section shall be construed to permit, au- terest for the Director, the Director shall re- nity. thorize, or require a private cause of action turn the complaint or information to the In- (c) REPORT ON THE STATUS OF IMPLEMENTA- to challenge the merits of a security clear- spector General with that determination and TION OF REGULATIONS.—Not later than 2 ance determination.’’. the Inspector General shall make the trans- years after the date of enactment of this (c) ACCESS DETERMINATION DEFINED.—Sec- mission to the Director of National Intel- Act, the Director of National Intelligence tion 3001(a) of the Intelligence Reform and ligence. In such a case the requirements of shall submit a report on the status of the im- Terrorism Prevention Act of 2004 (50 U.S.C. this subsection for the Director apply to the plementation of the regulations promulgated 435b(a)) is amended by adding at the end the recipient of the Inspector General’s submis- under subsection (b) to the congressional following: sion; and’’; and oversight committees. ‘‘(9) The term ‘access determination’ (2) by adding at the end the following: (d) NONAPPLICABILITY TO CERTAIN TERMI- means the process for determining whether ‘‘(H) An individual who has submitted a NATIONS.—Section 2303A of title 5, United an employee— complaint or information to the Inspector States Code, as added by this Act, and sec- ‘‘(A) is eligible for access to classified in- General under this section may notify any tion 3001 of the Intelligence Reform and Ter- formation in accordance with Executive member of Congress or congressional staff rorism Prevention Act of 2004 (50 U.S.C. Order 12968 (60 Fed. Reg. 40245; relating to ac- member of the fact that such individual has 435b), as amended by this Act, shall not cess to classified information), or any suc- made a submission to the Inspector General, apply to adverse security clearance or access cessor thereto, and Executive Order 10865 (25 and of the date on which such submission determinations if the affected employee is Fed. Reg. 1583; relating to safeguarding clas- was made.’’. concurrently terminated under— (1) section 1609 of title 10, United States sified information with industry); and SEC. 204. REGULATIONS; REPORTING REQUIRE- ‘‘(B) possesses a need to know under that MENTS; NONAPPLICABILITY TO CER- Code; Order.’’. TAIN TERMINATIONS. (2) the authority of the Director of Na- (d) RULE OF CONSTRUCTION.—Nothing in (a) DEFINITIONS.—In this section— tional Intelligence under section 102A(m) of section 3001 of the Intelligence Reform and (1) the term ‘‘congressional oversight com- the National Security Act of 1947 (50 U.S.C. Terrorism Prevention Act of 2004 (50 U.S.C. mittees’’ means the— 403–1(m)), if— 435b), as amended by this Act, shall be con- (A) the Committee on Homeland Security (A) the Director personally summarily ter- strued to require the repeal or replacement and Government Affairs of the Senate; minates the individual; and of agency appeal procedures implementing (B) the Select Committee on Intelligence (B) the Director— Executive Order 12968 (60 Fed. Reg. 40245; re- of the Senate; (i) determines the termination to be in the lating to classified national security infor- (C) the Committee on Oversight and Gov- interest of the United States; mation), or any successor thereto, and Exec- ernment Reform of the House of Representa- (ii) determines that the procedures pre- utive Order 10865 (25 Fed. Reg. 1583; relating tives; and scribed in other provisions of law that au- to safeguarding classified information with (D) the Permanent Select Committee on thorize the termination of the employment industry), or any successor thereto, that Intelligence of the House of Representatives; of such employee cannot be invoked in a meet the requirements of section 3001(b)(7) of and manner consistent with the national secu- such Act, as so amended. (2) the term ‘‘intelligence community ele- rity; and (iii) not later than 5 days after such termi- SEC. 203. REVISIONS RELATING TO THE INTEL- ment’’— LIGENCE COMMUNITY WHISTLE- (A) means— nation, notifies the congressional oversight BLOWER PROTECTION ACT. (i) the Central Intelligence Agency, the De- committees of the termination; (a) IN GENERAL.—Section 8H of the Inspec- fense Intelligence Agency, the National (3) the authority of the Director of the tor General Act of 1978 (5 U.S.C. App.) is Geospatial-Intelligence Agency, the National Central Intelligence Agency under section amended— Security Agency, the Office of the Director 104A(e) of the National Security Act of 1947 (1) in subsection (b)— of National Intelligence, and the National (50 U.S.C. 403–4a(e)), if— (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Reconnaissance Office; and (A) the Director personally summarily ter- (B) by adding at the end the following: (ii) any executive agency or unit thereof minates the individual; and ‘‘(2) If the head of an establishment deter- determined by the President under section (B) the Director— mines that a complaint or information 2302(a)(2)(C)(ii) of title 5, United States Code, (i) determines the termination to be in the transmitted under paragraph (1) would cre- to have as its principal function the conduct interest of the United States; ate a conflict of interest for the head of the of foreign intelligence or counterintelligence (ii) determines that the procedures pre- establishment, the head of the establishment activities; and scribed in other provisions of law that au- shall return the complaint or information to (B) does not include the Federal Bureau of thorize the termination of the employment the Inspector General with that determina- Investigation. of such employee cannot be invoked in a tion and the Inspector General shall make (b) REGULATIONS.— manner consistent with the national secu- the transmission to the Director of National (1) IN GENERAL.—The Director of National rity; and Intelligence. In such a case, the require- Intelligence shall prescribe regulations to (iii) not later than 5 days after such termi- ments of this section for the head of the es- ensure that a personnel action shall not be nation, notifies the congressional oversight tablishment apply to the recipient of the In- taken against an employee of an intelligence committees of the termination; or spector General’s transmission. The Director community element as a reprisal for any dis- (4) section 7532 of title 5, United States of National Intelligence shall consult with closure of information described in section Code, if— the members of the appellate review board 2303A(b) of title 5, United States Code, as (A) the agency head personally terminates established under section 204 of the Whistle- added by this Act. the individual; and blower Protection Enhancement Review Act (2) APPELLATE REVIEW BOARD.—Not later (B) the agency head— of 2010 regarding all transmissions under this than 180 days after the date of enactment of (i) determines the termination to be in the paragraph.’’; this Act, the Director of National Intel- interest of the United States; (2) by designating subsection (h) as sub- ligence, in consultation with the Secretary (ii) determines that the procedures pre- section (i); and of Defense, the Attorney General, and the scribed in other provisions of law that au- (3) by inserting after subsection (g), the heads of appropriate agencies, shall establish thorize the termination of the employment following: an appellate review board that is broadly of such employee cannot be invoked in a ‘‘(h) An individual who has submitted a representative of affected Departments and manner consistent with the national secu- complaint or information to an Inspector agencies and is made up of individuals with rity; and General under this section may notify any expertise in merit systems principles and na- (iii) not later than 5 days after such termi- member of Congress or congressional staff tional security issues— nation, notifies the congressional oversight member of the fact that such individual has (A) to hear whistleblower appeals related committees of the termination. made a submission to that particular Inspec- to security clearance access determinations TITLE III—SAVINGS CLAUSE; EFFECTIVE tor General, and of the date on which such described in section 3001(j) of the Intel- DATE submission was made.’’. ligence Reform and Terrorism Prevention SEC. 301. SAVINGS CLAUSE. (b) CENTRAL INTELLIGENCE AGENCY.—Sec- Act of 2004 (50 U.S.C. 435b), as added by this Nothing in this Act shall be construed to tion 17(d)(5) of the Central Intelligence Agen- Act; and imply any limitation on any protections af- cy Act of 1949 (50 U.S.C. 403q) is amended— (B) that shall include a subpanel that re- forded by any other provision of law to em- (1) in subparagraph (B)— flects the composition of the intelligence ployees and applicants.

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23602 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 SEC. 302. EFFECTIVE DATE. thank him for his efforts on behalf of the coun- Over the course of the last two years, we This Act shall take effect 30 days after the try. have worked with the Obama administration date of enactment of this Act. As many of you remember, the House of and the Senate to work out a compromise that AMENDMENT OFFERED BY MR. VAN HOLLEN Representatives passed similar legislation by retains the core protections for federal workers Mr. VAN HOLLEN. Madam Speaker, a 331–94 vote in the 110th Congress. The and national security personnel that were in- I have an amenment at the desk. House also unanimously passed whistleblower cluded in bills passed by the House in 2007 The Clerk read as follows: protections as an amendment to the Recovery and 2009. Amendment offered by Mr. VAN HOLLEN: Act at the beginning of this Congress. Unfortu- The bill before us today restores Congress’ Page 36, strike line 20 and all that follows nately, that amendment was stripped out in intent to protect an employee for any lawful through page 68, line 23. conference with the Senate. disclosure of waste, fraud, abuse, or illegality. Page 69, line 1, strike ‘‘TITLE III’’ and in- After a long process in the Senate, this bill S. 372 addresses several court decisions that sert ‘‘TITLE II’’. comes before the House for a third time. I am have limited the protections Congress made Page 69, line 3, strike ‘‘ ’’ and in- SEC. 301. pleased the House-Senate compromise we sert ‘‘SEC. 201.’’. available to federal employees under the 1989 Page 69, line 7, strike ‘‘SEC. 302.’’ and in- are considering includes important provisions Whistleblower Protection Act. These decisions sert ‘‘SEC. 202.’’. from the House bill. For the first time, the bill quite frankly have gutted the protections avail- The amendment was agreed to. will allow Federal workers the right to a jury able to federal employees. Mr. TOWNS. Madam Speaker, as Chairman trial in Federal Court under some cir- This bill provides the opportunity for whistle- of the Committee on Oversight and Govern- cumstances. blower cases before the Merit Systems Pro- The legislation we’re considering today is a ment Reform, I rise in strong support of S. tection Board to be reviewed by all of the Fed- good compromise. However, I’m disappointed 372, the Whistleblower Protection Enhance- eral Circuits. Moreover it provides an oppor- that the Senate did not agree to extend similar ment Act of 2010. tunity for certain cases to receive jury trials. whistleblower protections to government con- I want to congratulate Senator AKAKA and This expansion of opportunity for judicial re- the other Senate sponsors of S. 372 for their tractors. view is critical. While I would have preferred I am also disappointed that we could not efforts. I commend the persistence they have broader criteria for review and that this en- come to an agreement with the Republican demonstrated in championing this good gov- hanced judicial review be made permanent, I side on extending protections to employees in ernment bill. have reluctantly accepted the changes made the Intelligence Community. I’m proud to be an original co-sponsor of by the Senate to narrow the circumstances In spite of the bill’s imperfections and limita- under which cases can receive judicial review H.R. 1507, the bipartisan companion bill to S. tions, I wholeheartedly endorse this agree- 372. H.R. 1507 was introduced by Represent- and to sunset these provisions in 5 years. ment. This is a good government bill that will This legislation also protects federal employ- ative VAN HOLLEN last year. I want to thank help to curb waste, fraud, and abuse in the ees for disclosures related to distortions of Mr. VAN HOLLEN and all the co-sponsors of Federal Government. government science and extends to employ- H.R. 1507, including Mr. PLATTS of Pennsyl- I encourage the Senate to act quickly on our ees of the Transportation Security Administra- vania. They have demonstrated exceptional modifications, and send the bill to President tion. leadership in support of government whistle- Obama without further delay. S. 372 is a good bipartisan, bicameral com- blowers. Mr. VAN HOLLEN. Madam Speaker, I rise promise, and should be sent to the President This legislation is long overdue. Different in strong support of S. 372, the Whistleblower without further delay. This bill, as passed by versions of this legislation have been intro- Protection Enhancement Act of 2010. the Senate, included important protections for duced in every Congress for the last 12 years. I would like to thank Senator AKAKA, and the national security employees. These provisions The Oversight Committee has long-recog- other Senators who have worked so hard to had been included with significant input from nized that enhancing whistleblower protections advance this bill to provide stronger whistle- the national security community and passed will help the Congress to fulfill its role in bring- blower protections. This effort has spanned the Senate by unanimous consent. Unfortu- ing about more honest, accountable, and ef- over a decade, and I am hopeful that it will nately, jurisdictional disputes within the House fective government for the American people. come to a successful conclusion today. have prompted us to remove these protections Federal employees are often the first to wit- Whistleblower protections are a critical com- in the interest of passing the rest of these es- ness abuses or misconduct that presents a ponent in bringing about a more effective and sential reforms. I regret the loss of these pro- risk to the taxpayers. Providing strong protec- accountable government. As the Congress visions and look forward to working with in- tions for those who disclose misconduct helps considers proposals to address the deficit, our coming Chairman ISSA to advance these pro- to promote a more accountable and trans- work needs to be pursued on numerous tections for national security employees in the parent federal bureaucracy. This legislation fronts. Whistleblowers risk their careers to next Congress. provides a means of securing justice to those challenge abuses, and gross waste of govern- I want to thank my cosponsor and partner individuals who are punished for doing the ment resources. They deserve to be protected on this bill, TODD PLATTS for his assistance right thing. so they can carry out their important work con- and strong leadership. I also want to thank During Committee hearings on this legisla- scientiously, and with the taxpayers best inter- Chairman TOWNS and Ranking Member ISSA tion, we heard from courageous government ests in mind. for their strong support throughout this Con- workers who risked their careers to promote By providing new rights, remedies, and pro- gress to advance this important legislation. the common good. tections for government whistleblowers, this I’ll close by simply noting that this legislation Mr. Franz Gayl, a civilian employee in the bill takes an important step toward curbing is long overdue. Without whistleblowers and Marine Corps, testified about the retaliation he waste, fraud, and abuse. This will aid our def- the unfiltered information that government in- faced. Mr. Gayl blew the whistle on significant icit reduction efforts. siders can provide, the oversight functions delays in the acquisition process—delays that S. 372, as passed by the Senate, reflects a vested in Congress would be seriously com- were costing Marines their lives in Iraq. De- bipartisan compromise between the original promised, as would our efforts to rein in the fense Secretary Gates ultimately agreed with Senate bill and H.R. 1507, legislation I spon- federal budget deficit. I encourage all Mem- the proposals put forth by Mr. Gayl on troop sored with Representatives PLATTS, Chairman bers to support this important bill. protection. However, Mr. Gayl remains at risk TOWNS, and Representatives WAXMAN and Ms. JACKSON LEE of Texas. Madam of losing his job. This bill will help Mr. Gayl, BRALEY. Speaker, I rise today in support of the S. 372, and many others like him. The Oversight and Government Reform the ‘‘Whistleblower Protection Enhancement We have heard from dozens of whistle- Committee has reported similar legislation, on Act of 2010.’’ blowers who support this bill. I want to ac- a bipartisan basis, in each of the last two Con- S. 372 amends the Whistleblower Protection knowledge one in particular. Mr. Robert gresses. The House of Representatives has Act (WPA) and strengthens the rights and pro- Maclean is a former Federal Air Marshal who twice passed similar bills, once in 2007 with tections of Federal employees who come for- was fired after disclosing a threat to aviation 331 votes and again as a bipartisan amend- ward to disclose government waste, fraud, safety. Mr. MacLean’s case has been lingering ment to the Recovery Act. abuse, and mismanagement. The House has for far too long under the current system. He Unfortunately, H.R. 1507 was stripped out of passed similar legislation on a bipartisan basis has championed this bill because he knows the Recovery Act during the conference with in 2007 (H.R. 985) and 2009, as an amend- first hand that the current system is broken. I the Senate. ment to the Recovery Act.

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00032 Fmt 0688 Sfmt 9920 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23603 I am a staunch advocate for protecting Fed- easier for the Office of Special Counsel to dis- port and mentoring to members of the eral employees from retaliation when they cipline agency managers who are found to re- United States Armed Forces who’ve sus- come forward to disclose waste, fraud, abuse taliate against employees. tained physical injuries such as traumatic It is my fervent expectation that this legisla- brain injury, spinal cord injury, amputation, and mismanagement. Whistleblowers are visual impairment or blindness, and stroke; among the most patriotic and conscientious tion will meaningfully advance our national in- Whereas Olympic Day encourages the par- Federal employees. They take great risks to tegrity by deterring Federal managers from ticipation of youth of the United States in make certain that our Federal Government is violating the civil rights and civil liberties of Olympic and Paralympic sport; functioning properly and effectively for all tax- their fellow Federal workers, especially whis- Whereas World Fit, a program established payers. They serve as indispensable guard- tleblowers. by Olympians and Paralympians to promote ians for the efficient use of taxpayer funds. I ask my colleagues to stand with me today physical fitness and a healthy lifestyle to This is an especially valuable service during and vote in favor of S. 327. middle school children and connect them with Olympic and Paralympic athletes and this vital period of national economic recovery. The bill was ordered to be read a third time, was read the third time, the Olympic Movement, helped 7,239 students Unhindered exposure of waste, fraud and from 17 schools in 6 States walk a total of abuse identifies expensive break-downs in the and passed, and a motion to reconsider 769,148 miles in 6 weeks during the 2010 pro- functioning of our Federal Government while was laid on the table. gram; also preserving the Federal funds we require f Whereas Olympic Day will encourage the teaching of Olympic history, health, arts, to effectively serve our citizens. In some in- MESSAGE FROM THE SENATE stances, conscientious whistleblowers protect and culture among the youth of the United others from harm and actually save lives. So, A message from the Senate by Ms. States; and we must protect these attentive Federal em- Byrd, one of its clerks, announced that Whereas enthusiasm for Olympic and the Senate has passed a bill of the fol- Paralympic sport is at an all-time high: ployees who expose systemic lapses and pro- Now, therefore, be it tect the integrity and proper functioning of our lowing title in which the concurrence of the House is requested: Resolved, That the House of Representa- Federal Government. tives— Discrimination and retaliation against Fed- S. 4058. An act to extend certain expiring (1) supports Olympic Day and the goals eral employees contravenes Federal law, puts provisions providing enhanced protections that Olympic Day pursues; the public at risk, and costs taxpayers millions for servicemembers relating to mortgages (2) congratulates Team USA on their Van- and mortgage foreclosure. of dollars. Retaliation and discrimination also couver 2010 accomplishments; and breed a myriad of other costs that cannot be f (3) supports the goals of World Fit and con- gratulates its participants on the 2010 re- quantified in the toll exacted on the health, b 1740 sults. morale, and well-being of Federal employees SUPPORTING OLYMPIC DAY who are entrusted to protect and serve our The resolution was agreed to. Nation. Federal managers and supervisors Mr. VAN HOLLEN. Madam Speaker, A motion to reconsider was laid on who engage in discriminatory conduct must be I ask unanimous consent that the Com- the table. judiciously and expeditiously disciplined. mittee on Oversight and Government f S. 372, the ‘‘Whistleblower Protection En- Reform be discharged from further con- GENERAL LEAVE hancement Act of 2010’’ enhances the protec- sideration of the resolution (H. Res. tion of Federal employees. It restores Con- 1461) supporting Olympic Day on June Mr. VAN HOLLEN. Madam Speaker, gress’ intent to protect an employee who 23, 2010, and congratulating Team USA I ask unanimous consent that all Mem- makes any lawful disclosure of waste, fraud, and World Fit participants, and ask for bers may have 5 legislative days in abuse, or illegality. S. 372 addresses court de- its immediate consideration in the which to revise and extend their re- cisions that have limited the protections Con- House. marks and include extraneous material gress made available to Federal employees The Clerk read the title of the resolu- on the measures just considered. under the 1989 Whistleblower Protection Act. tion. The SPEAKER pro tempore. Is there This legislation will improve the administra- The SPEAKER pro tempore. Is there objection to the request of the gen- tion of justice. It will allow non-intelligence objection to the request of the gen- tleman from Maryland? whistleblowers to bring their cases before a tleman from Maryland? There was no objection. There was no objection. jury under certain circumstances. The current f administrative system will be further strength- The text of the resolution is as fol- ened by allowing a limited number of more lows: CLARIFYING THE NATIONAL CRED- complex whistleblower cases to be considered H. RES. 1461 IT UNION ADMINISTRATION AU- in Federal court by juries. The bill also will Whereas Olympic Day, June 23, 2010, cele- THORITY allow whistleblower appeals to be heard by brates the Olympic ideal of developing peace Mr. KLEIN of Florida. Madam Speak- the regional Federal appellate courts. through sport; er, I ask unanimous consent that the This bill further expands upon the protec- Whereas June 23 marks the anniversary of the founding of the modern Olympic move- Committee on Financial Services be tions for Federal employees in additional nec- ment, the date on which the Congress of discharged from further consideration essary and meaningful ways. It extends whis- Paris approved the proposal of Pierre de of the bill (S. 4036) to clarify the Na- tleblower protections to employees at the Coubertin to found the modern Olympics; tional Credit Union Administration au- Transportation Security Administration. It clari- Whereas for more than 100 years, the thority to make stabilization fund ex- fies that whistleblowers may disclose evidence Olympic movement has built a more peaceful penditures without borrowing from the of censorship of scientific or technical informa- and better world by educating young people Treasury, and ask for its immediate tion under the same standards that apply to through amateur athletics, by bringing to- consideration in the House. disclosures of other kinds of waste, fraud, and gether athletes from many countries in friendly competition, and by forging new re- The Clerk read the title of the bill. abuse. It enhances protections for employees lationships bound by friendship, solidarity, The SPEAKER pro tempore. Is there facing retaliation after refusing to violate the and fair play; objection to the request of the gen- law or participating in an Inspector General in- Whereas the United States advocates the tleman from Florida? vestigation. ideals of the Olympic movement; There was no objection. This legislation will codify and strengthen Whereas Olympic Day will encourage the The text of the bill is as follows: development of Olympic and Paralympic rules that preempt agencies from issuing regu- S. 4036 sport in the United States; lations or directives that interfere with whistle- Be it enacted by the Senate and House of blower protections. I am also pleased to say, Whereas Team USA won an historic 37 medals at the Vancouver 2010 Olympic Win- Representatives of the United States of America that for the first time, S. 327 will make com- ter Games; in Congress assembled, pensatory damage awards available to whis- Whereas Team USA won 13 medals at the SECTION 1. STABILIZATION FUND. tleblowers. This is a key component in ensur- Vancouver 2010 Paralympic Winter Games; (a) ADDITIONAL ADVANCES.—Section ing a whistleblower is made whole after suf- Whereas the USOC Paralympic Military 217(c)(3) of the Federal Credit Union Act (12 fering retaliation. This bill will also make it Program provides post-rehabilitation sup- U.S.C. 1790e(c)(3)) is amended by inserting

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23604 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 before the period at the end the following: ‘‘(ii) subordinate to all other claims tion, and reaffirming the deep bonds of ‘‘and any additional advances’’. against the credit union, including the trust and values between the United (b) ASSESSMENTS.—Section 217 of the Fed- claims of creditors, shareholders, and the States and Romania, a trusted and eral Credit Union Act (12 U.S.C. 1790e) is Fund.’’. most valued ally, and ask for its imme- amended by striking subsection (d) and in- SEC. 4. STUDY OF NATIONAL CREDIT UNION AD- serting the following: MINISTRATION. diate consideration in the House. ‘‘(d) ASSESSMENT AUTHORITY.— (a) STUDY.—The Comptroller General of The Clerk read the title of the con- ‘‘(1) ASSESSMENTS RELATING TO EXPENDI- the United States shall conduct a study of current resolution. TURES UNDER SUBSECTION (B).—In order to the National Credit Union Administration’s The SPEAKER pro tempore. Is there make expenditures, as described in sub- supervision of corporate credit unions and objection to the request of the gen- section (b), the Board may assess a special implementation of prompt corrective action. tleman from Florida? premium with respect to each insured credit (b) ISSUES TO BE STUDIED.—In conducting There was no objection. union in an aggregate amount that is reason- the study required under subsection (a), the The text of the concurrent resolution ably calculated to make any pending or fu- Comptroller General shall– ture expenditure described in subsection (b), (1) determine the reasons for the failure of is as follows: which premium shall be due and payable not any corporate credit union since 2008; S. CON. RES. 67 later than 60 days after the date of the as- (2) evaluate the adequacy of the National Whereas the United States established dip- sessment. In setting the amount of any as- Credit Union Administration’s response to lomatic relations with Romania in June 1880; sessment under this subsection, the Board the failures of corporate credit unions, in- Whereas the United States and Romania shall take into consideration any potential cluding with respect to protecting taxpayers, are two countries united by shared values impact on credit union earnings that such an avoiding moral hazard, minimizing the costs and a strong commitment to freedom, de- assessment may have. of resolving such corporate credit unions, mocracy, and prosperity; ‘‘(2) SPECIAL PREMIUMS RELATING TO REPAY- and the ability of insured credit unions to Whereas Romania has shown, for the past MENTS UNDER SUBSECTION (C)(3).—Not later bear any assessments levied to cover such 20 years, remarkable leadership in advancing than 90 days before the scheduled date of costs; security and democratic principles in East- each repayment described in subsection (3) evaluate the effectiveness of implemen- ern Europe, the Western Balkans, and the (c)(3), the Board shall set the amount of the tation of prompt corrective action by the Black Sea region, and has amply partici- upcoming repayment and shall determine National Credit Union Administration for pated to the forging of a wider Europe, whole whether the Stabilization Fund will have both insured credit unions and corporate and free; sufficient funds to make the repayment. If credit unions; and Whereas Romania’s commitment to meet- the Stabilization Fund is not likely to have (4) examine whether the National Credit ing the greatest responsibilities and chal- sufficient funds to make the repayment, the Union Administration has effectively imple- lenges of the 21st century is and has been re- Board shall assess with respect to each in- mented each of the recommendations by the flected by its contribution to the inter- sured credit union a special premium, which Inspector General of the National Credit national efforts of stabilization in Afghani- shall be due and payable not later than 60 Union Administration in its Material Loss stan and Iraq, its decision to participate in days after the date of the assessment, in an Review Reports, and, if not, the adequacy of the United States missile defense system in aggregate amount calculated to ensure that the National Credit Union Administration’s Europe, its leadership in regional non- the Stabilization Fund is able to make the reasons for not implementing such rec- proliferation and arms control, its active required repayment. ommendation. pursuit of energy security solutions for ‘‘(3) COMPUTATION.—Any assessment or pre- (c) REPORT TO COUNCIL.—Not later than 1 South Eastern Europe, and its substantial mium charge for an insured credit union year after the date of enactment of this Act, role in shaping a strong and effective North under this subsection shall be stated as a the Comptroller General shall submit a re- Atlantic Alliance; percentage of its insured shares, as rep- port on the results of the study required Whereas the strategic partnership that ex- resented on the previous call report of that under this section to— ists between the United States and Romania insured credit union. The percentage shall be (1) the Committee on Banking, Housing, has greatly advanced the common interests identical for each insured credit union. Any and Urban Affairs of the Senate; of the United States and Romania in pro- insured credit union that fails to make time- (2) the Committee on Financial Services of moting transatlantic and regional security ly payment of the assessment or special pre- the House of Representatives; and and free market opportunities, and should mium is subject to the procedures and pen- (3) the Financial Stability Oversight Coun- continue to provide for more economic and alties described under subsections (d), (e), cil. cultural exchanges, trade and investment, and (f) of section 202.’’. (d) COUNCIL REPORT OF ACTION.—Not later and people-to-people contacts between the SEC. 2. EQUITY RATIO. than 6 months after the date of receipt of the United States and Romania; Section 202(h)(2) of the Federal Credit report from the Comptroller General under Whereas the talent, energy, and creativity Union Act (12 U.S.C. 1782(h)(2)) is amended subsection (c), the Financial Stability Over- of the Romanian people have nurtured a vi- by striking ‘‘when applied to the Fund,’’ and sight Council shall submit a report to the brant society and nation, embracing entre- inserting ‘‘which shall be calculated using Committee on Banking, Housing, and Urban preneurship, technological advance and inno- the financial statements of the Fund alone, Affairs of the Senate and the Committee on vation, and rooted deeply in the respect for without any consolidation or combination Financial Services of the House of Rep- education, culture, and international co- with the financial statements of any other resentatives on actions taken in response to operation; and fund or entity,’’. the report, including any recommendations Whereas Romanian Americans have con- SEC. 3. NET WORTH DEFINITION. issued to the National Credit Union Adminis- tributed greatly to the history and develop- Section 216(o)(2) of the Federal Credit tration under section 120 of the Dodd-Frank ment of the United States, and their rich Union Act (12 U.S.C. 1790d(o)(2)) is amended Wall Street Reform and Consumer Protec- cultural heritage and commitment to fur- to read as follows: tion Act (12 U.S.C. 5330). thering close relations between Romania and ‘‘(2) NET WORTH.—The term ‘net worth’— The bill was ordered to be read a the United States should be properly recog- ‘‘(A) with respect to any insured credit third time, was read the third time, nized and praised: Now, therefore, be it union, means the retained earnings balance and passed, and a motion to reconsider Resolved by the Senate (the House of Rep- resentatives concurring), That Congress— of the credit union, as determined under gen- was laid on the table. erally accepted accounting principles, to- (1) celebrates the 130th anniversary of gether with any amounts that were pre- f United States-Romanian diplomatic rela- viously retained earnings of any other credit CELEBRATING 130 YEARS OF tions; union with which the credit union has com- UNITED STATES-ROMANIAN DIP- (2) congratulates the Romanian people on bined; their achievements as a great nation; and ‘‘(B) with respect to any insured credit LOMATIC RELATIONS (3) reaffirms the deep bonds of trust and union, includes, at the Board’s discretion Mr. KLEIN of Florida. Madam Speak- values between the United States and Roma- and subject to rules and regulations estab- er, I ask unanimous consent that the nia. lished by the Board, assistance provided Committee on Foreign Affairs be dis- Mr. ORTIZ. Madam Speaker, I rise today as under section 208 to facilitate a least-cost charged from further consideration of Co-Chair of the Romanian Caucus in the resolution consistent with the best interests the concurrent resolution (S. Con. Res. of the credit union system; and House of Representatives, to support the ‘‘(C) with respect to a low-income credit 67) celebrating 130 years of United unanimous consent to Senate Resolution S. union, includes secondary capital accounts States-Romanian diplomatic relations, Con. Res. 67, which Senator GEORGE VOINO- that are— congratulating the Romanian people VICH introduced on June 30 of this year, to cel- ‘‘(i) uninsured; and on their achievements as a great na- ebrate 130 years of U.S.-Romanian diplomatic

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00034 Fmt 0688 Sfmt 9920 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23605 relations, to congratulate the Romanian people (B) by inserting ‘‘and that is’’ after ‘‘in a for contesting the demand has to do with the of their achievements as a great nation, and to State court’’; and officer’s exercise of his or her official respon- reaffirm the deep bonds of trust and values (C) by inserting ‘‘or directed to’’ after sibilities. It will also allow for appeal to the ‘‘against’’; and between the United States and Romania. This (2) by adding at the end the following: Federal circuit court if the district court re- Resolution is concurrent with House Resolu- ‘‘(c) As used in subsection (a), the terms mands the matter back to the State court over tion H. Con. Res. 291 that I introduced on ‘civil action’ and ‘criminal prosecution’ in- the objection of the Federal officer. June 29 of this year. clude any proceeding (whether or not ancil- When a similar bill passed the House in In my five years of leadership of the Roma- lary to another proceeding) to the extent July, I explained that the bill will not result in nian Caucus I worked closely with Romanian that in such proceeding a judicial order, in- the removal of the entire case when a Federal officials and leaders, and witnessed their com- cluding a subpoena for testimony or docu- officer is merely served with a discovery re- mitment to upholding and advancing the val- ments, is sought or issued. If removal is quest. The version of the bill we consider sought for a proceeding described in the pre- today reflects refinements proposed by the ues of freedom, democracy and prosperity. vious sentence, and there is no other basis Romania has been an extraordinary ally in for removal, only that proceeding may be re- Senate to make that even clearer. The bill NATO and a critical partner in the European moved to the district court.’’. now states that ‘‘[i]f there is no other basis for Union, in addressing some of the most impor- (b) CONFORMING AMENDMENTS.—Section removal, only that proceeding may be re- tant challenges facing our transatlantic and 1442(a) of title 28, United States Code, is moved to the district court.’’ This makes very global community—from ensuring peace and amended— clear that the Federal court must consider the stability in Afghanistan, to nuclear proliferation, (1) in paragraph (1)— discovery request served on the Federal offi- to energy security. Romania is a trusted ally (A) by striking ‘‘capacity for’’ and insert- cial as a separate proceeding from the under- ing ‘‘capacity, for or relating to’’; and and a strategic partner of the United States, (B) by striking ‘‘sued’’; and lying State court case. with whom we have developed great coopera- (2) in each of paragraphs (3) and (4), by in- This bill continues to have strong bipartisan tion on issues of common interest, including serting ‘‘or relating to’’ after ‘‘for’’. support, and I would like to thank Chairman security, economic and political conditions in (c) APPLICATION OF TIMING REQUIREMENT.— CONYERS, Ranking Member SMITH, and the Eastern Europe, the Balkans, the Black Sea Section 1446 of title 28, United States Code, Ranking Member of the Courts Subcommittee, and Caucasus regions. is amended by adding at the end the fol- HOWARD COBLE of North Carolina, for their I am very proud of the Congress passing lowing: work on this bill. I would also like to thank ‘‘(g) Where the civil action or criminal Courts Subcommittee counsel Liz Stein for all this Resolution, as it reflects and commends prosecution that is removable under section the many achievements of the U.S.-Romanian 1442(a) is a proceeding in which a judicial her tremendous work on this bill over several partnership and of the Romanian people. I order for testimony or documents is sought months. thank all my colleagues who supported the or issued or sought to be enforced, the 30-day I urge my colleagues to support this impor- Resolution and I urge Congress to continue to requirement of subsections (b) and (c) is sat- tant legislation. support cooperation between the United isfied if the person or entity desiring to re- The bill was ordered to be engrossed States and Romania, and to deepen the move the proceeding files the notice of re- and read a third time, was read the bonds of trust and friendship between our two moval not later than 30 days after receiving, third time, and passed, and a motion to through service, notice of any such pro- reconsider was laid on the table. countries. ceeding.’’. f The concurrent resolution was con- (d) REVIEWABILITY ON APPEAL.—Section curred in. 1447(d) of title 28, United States Code, is HONORING THE 50TH ANNIVER- A motion to reconsider was laid on amended by inserting ‘‘1442 or’’ before SARY OF THE FREEDOM RIDES the table. ‘‘1443’’. Mr. JOHNSON of Georgia. Madam f SEC. 3. PAYGO COMPLIANCE. The budgetary effects of this Act, for the Speaker, I ask unanimous consent that REMOVAL CLARIFICATION ACT OF purpose of complying with the Statutory the Committee on the Judiciary be dis- 2010 Pay-As-You-Go Act of 2010, shall be deter- charged from further consideration of Mr. JOHNSON of Georgia. Madam mined by reference to the latest statement House Resolution 1779 and ask for its titled ‘‘Budgetary Effects of PAYGO Legisla- Speaker, I ask unanimous consent that immediate consideration in the House. tion’’ for this Act, submitted for printing in The Clerk read the title of the resolu- the Committee on the Judiciary be dis- the Congressional Record by the Chairman of charged from further consideration of tion. the House Budget Committee, provided that The SPEAKER pro tempore. Is there the bill (H.R. 6560) to amend title 28, such statement has been submitted prior to objection to the request of the gen- United States Code, to clarify and im- the vote on passage. tleman from Georgia? prove certain provisions relating to the Mr. JOHNSON of Georgia. Madam Speaker, There was no objection. removal of litigation against Federal the Removal Clarification Act of 2010 will en- The text of the resolution is as fol- officers or agencies to Federal courts, able Federal officials—Federal officers, in the lows: and for other purposes, and ask for its words of the statute—to remove cases filed H. RES. 1779 immediate consideration in the House. against them to Federal court in accordance Whereas, on May 4, 1961, a Greyhound bus The Clerk read the title of the bill. with the spirit and intent of the current Federal left Washington, DC with black and white The SPEAKER pro tempore. Is there officer removal statute. passengers and traveled South to challenge objection to the request of the gen- Under the Federal officer removal statute, discriminatory racial segregation laws; tleman from Georgia? 28 U.S.C. 1442(a), Federal officers are able to Whereas, while the travels of these pas- There was no objection. remove a case out of State court and into sengers were initially called a Journey of The text of the bill is as follows: Federal court when it involves the Federal offi- Reconciliation, their efforts would come to H. R. 6560 cer’s exercise of his or her official responsibil- be known as the Freedom Rides; Whereas these Southern-bound passengers, Be it enacted by the Senate and House of ities. known as the Freedom Riders, were united Representatives of the United States of America However, more than 40 States have pre-suit by their commitment to end segregation and in Congress assembled, discovery procedures that require individuals ongoing racial discrimination; SECTION 1. SHORT TITLE. to submit to deposition or respond to dis- Whereas the Freedom Riders traveled into This Act may be cited as the ‘‘Removal covery requests even when a civil action has states where Jim Crow laws were still preva- Clarification Act of 2010’’. not yet been filed. lent, thus challenging the Federal Govern- SEC. 2. REMOVAL OF CERTAIN LITIGATION TO Courts are split on whether the current Fed- ment to enforce its decision to overturn FEDERAL COURTS. eral officer removal statute applies to pre-suit them by non-violently integrating the bus (a) CLARIFICATION OF INCLUSION OF CERTAIN discovery. This means that Federal officers routes and rest stops; TYPES OF PROCEEDINGS.—Section 1442 of title Whereas, on their journeys during the 28, United States Code, is amended— can be forced to litigate in State court despite Summer of 1961, the Freedom Riders would (1) in subsection (a), in the matter pre- the Federal statute’s contrary intent. stop at locations in Virginia, North Carolina, ceding paragraph (1)— This bill will clarify that a Federal officer may Tennessee, South Carolina, Georgia, Florida, (A) by inserting ‘‘that is’’ after ‘‘or crimi- remove any legally enforceable demand for Alabama, Mississippi, Arkansas, and Lou- nal prosecution’’; his or her testimony or documents, if the basis isiana;

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23606 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010

Whereas, at many times during the Free- ployees, in such numbers as the Tax Court may ‘‘(10) MERIT SYSTEM PRINCIPLES, PROHIBITED dom Rides, the Riders encountered antag- approve, without regard to the provisions of PERSONNEL PRACTICES, AND PREFERENCE ELIGI- onism, verbal abuse, acts of violence, and in- title 5, United States Code, governing appoint- BLES.—Any personnel management system of carceration, yet never gave up their commit- ments in the competitive service. Any such em- the Tax Court shall— ment to equality and social justice; ployee shall serve at the pleasure of the ap- ‘‘(A) include the principles set forth in section Whereas, led by James Farmer and the pointing judge. 2301(b) of title 5, United States Code; Congress of Racial Equality, the Freedom ‘‘(B) EXEMPTION FROM FEDERAL LEAVE PROVI- ‘‘(B) prohibit personnel practices prohibited Riders were successful in part due to their SIONS.—A law clerk appointed under this sub- under section 2302(b) of title 5, United States role-playing preparation and practice in non- section shall be exempt from the provisions of Code; and violence and Gandhian principles; subchapter I of chapter 63 of title 5, United ‘‘(C) in the case of any individual who would Whereas the Freedom Riders’ non-violent States Code. Any unused sick leave or annual be a preference eligible in the executive branch, actions would help expose to the Nation and leave standing to the law clerk’s credit as of the provide preference for that individual in a man- the world the cruelty and injustice of Jim effective date of this subsection shall remain ner and to an extent consistent with preference Crow laws; and credited to the law clerk and shall be available accorded to preference eligibles in the executive Whereas the Freedom Rides would spur the to the law clerk upon separation from the Fed- branch.’’. Kennedy Administration to enforce laws and eral Government. (b) EFFECTIVE DATE.—The amendments made judicial rulings that guaranteed the rights ‘‘(3) OTHER EMPLOYEES.—The Tax Court may by this section shall take effect on the date the and safety of all passengers, regardless of appoint necessary employees without regard to United States Tax Court adopts a personnel race, gender, or religious background, to sit the provisions of title 5, United States Code, management system after the date of the enact- wherever they desired on bus routes and at governing appointments in the competitive serv- ment of this Act. rest stops: Now, therefore, be it ice. Such employees shall be subject to removal Amend the title so as to read: ‘‘An Act to Resolved, That the House of Representa- by the Tax Court. amend the Internal Revenue Code of 1986 to tives— ‘‘(4) PAY.—The Tax Court may fix and adjust authorize the tax court to appoint employ- (1) honors the 50th anniversary of the Free- the compensation for the clerk and other em- ees.’’. dom Rides; and ployees of the Tax Court without regard to the The SPEAKER pro tempore. Is there (2) recognizes the extraordinary leadership provisions of chapter 51, subchapter III of chap- objection to the request of the gen- ter 53, or section 5373 of title 5, United States and sacrifice of the Freedom Riders in their tleman from Washington? commitment to ending racial segregation in Code. To the maximum extent feasible, the Tax America. Court shall compensate employees at rates con- There was no objection. A motion to reconsider was laid on The resolution was agreed to. sistent with those for employees holding com- parable positions in courts established under Ar- the table. A motion to reconsider was laid on ticle III of the Constitution of the United States. f the table. ‘‘(5) PROGRAMS.—The Tax Court may estab- f lish programs for employee evaluations, incen- MAKING A TECHNICAL CORREC- tive awards, flexible work schedules, premium TION TO IMPLEMENT THE VET- GENERAL LEAVE pay, and resolution of employee grievances. ERANS EMPLOYMENT OPPORTU- Mr. JOHNSON of Georgia. Madam ‘‘(6) DISCRIMINATION PROHIBITED.—The Tax NITIES ACT Speaker, I ask unanimous consent that Court shall— ‘‘(A) prohibit discrimination on the basis of Mrs. DAVIS of California. Madam all Members have 5 legislative days to race, color, religion, age, sex, national origin, Speaker, I ask unanimous consent that include their statements into the political affiliation, marital status, or handi- the Committee on House Administra- RECORD. capping condition; and tion be discharged from further consid- The SPEAKER pro tempore. Is there ‘‘(B) promulgate procedures for resolving com- eration of the resolution (H. Res. 1783) objection to the request of the gen- plaints of discrimination by employees and ap- making a technical correction to a tleman from Georgia? plicants for employment. cross-reference in the final regulations There was no objection. ‘‘(7) EXPERTS AND CONSULTANTS.—The Tax issued by the Office of Compliance to Court may procure the services of experts and f consultants under section 3109 of title 5, United implement the Veterans Employment Opportunities Act of 1998 that apply to REAL ESTATE JOBS AND States Code. ‘‘(8) RIGHTS TO CERTAIN APPEALS RESERVED.— the House of Representatives and em- INVESTMENT ACT OF 2010 Notwithstanding any other provision of law, an ployees of the House of Representa- Mr. MCDERMOTT. Madam Speaker, I individual who is an employee of the Tax Court tives, and ask for its immediate consid- ask unanimous consent to take from on the day before the effective date of this sub- eration in the House. the Speaker’s table the bill (H.R. 5901) section and who, as of that day, was entitled The Clerk read the title of the resolu- to— tion. to amend the Internal Revenue Code of ‘‘(A) appeal a reduction in grade or removal 1986 to exempt certain stock of real es- to the Merit Systems Protection Board under The SPEAKER pro tempore. Is there tate investment trusts from the tax on chapter 43 of title 5, United States Code, objection to the request of the gentle- foreign investment in United States ‘‘(B) appeal an adverse action to the Merit woman from California? real property interests, and for other Systems Protection Board under chapter 75 of There was no objection. purposes, with the Senate amendments title 5, United States Code, The text of the resolution is as fol- thereto, and concur in the Senate ‘‘(C) appeal a prohibited personnel practice lows: amendments. described under section 2302(b) of title 5, United H. RES. 1783 States Code, to the Merit Systems Protection Resolved, That section 3(b) of House Reso- The Clerk read the title of the bill. Board under chapter 77 of that title, lution 1757, agreed to December 15, 2010, is The text of the Senate amendments ‘‘(D) make an allegation of a prohibited per- amended by striking paragraph (1) and redes- is as follows: sonnel practice described under section 2302(b) ignating paragraphs (2) through (5) as para- of title 5, United States Code, with the Office of Senate amendments: graphs (1) through (4). Strike all after the enacting clause and in- Special Counsel under chapter 12 of that title sert the following: for action in accordance with that chapter, or The resolution was agreed to. SECTION 1. AUTHORITY OF TAX COURT TO AP- ‘‘(E) file an appeal with the Equal Employ- A motion to reconsider was laid on POINT EMPLOYEES. ment Opportunity Commission under part 1614 the table. (a) IN GENERAL.—Subsection (a) of section of title 29 of the Code of Federal Regulations, f 7471 of the Internal Revenue Code of 1986 (relat- shall continue to be entitled to file such appeal ing to employees) is amended to read as follows: or make such an allegation so long as the indi- CLARIFYING FEDERAL RESPONSI- ‘‘(a) APPOINTMENT AND COMPENSATION.— vidual remains an employee of the Tax Court. BILITY TO PAY FOR ‘‘(1) CLERK.—The Tax Court may appoint a ‘‘(9) COMPETITIVE STATUS.—Notwithstanding STORMWATER POLLUTION clerk without regard to the provisions of title 5, any other provision of law, any employee of the Mr. PERRIELLO. Madam Speaker, I United States Code, governing appointments in Tax Court who has completed at least 1 year of ask unanimous consent to take from the competitive service. The clerk shall serve at continuous service under a non-temporary ap- the pleasure of the Tax Court. pointment with the Tax Court acquires a com- the Speaker’s table the bill (S. 3481) to ‘‘(2) JUDGE-APPOINTED EMPLOYEES.— petitive status for appointment to any position amend the Federal Water Pollution ‘‘(A) IN GENERAL.—The judges and special in the competitive service for which the em- Control Act to clarify Federal responsi- trial judges of the Tax Court may appoint em- ployee possesses the required qualifications. bility for stormwater pollution, and

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23607 ask for its immediate consideration in quality of the Nation’s waters, as well as the According to the report, ‘‘State and local gov- the House. challenges that remain to achieving the goals ernments do not have adequate financial sup- The Clerk read the title of the bill. of ‘‘fishable and swimmable waters’’ called for port to the stormwater program in a rigorous The SPEAKER pro tempore. Is there in the enactment of the 1972 Clean Water Act. way.’’ While the report recommended that the objection to the request of the gen- Although significant progress has been Federal Government provide more financial tleman from Virginia? made in the past four decades, approximately support to state and local efforts to regulate There was no objection. 40 percent of the Nation’s assessed rivers, stormwater, such as through increased fund- The text of the bill is as follows: lakes, and coastal waters still do not meet ing of existing Clean Water Act authorities, the S. 3481 water quality standards. States, territories, report also highlights the importance of Fed- Be it enacted by the Senate and House of Tribes, and other jurisdictions report that poor eral agencies contributing to the costs of envi- Representatives of the United States of America water quality continues to affect aquatic life, ronmental and water quality protections, in- in Congress assembled, fish consumption, swimming, and sources of cluding the costs of addressing sources of pol- SECTION 1. FEDERAL RESPONSIBILITY TO PAY drinking water in all types of waterbodies. lution originating or emanating from Federal FOR STORMWATER PROGRAMS. In a recent report on the National Water Section 313 of the Federal Water Pollution facilities. Control Act (33 U.S.C. 1323) is amended by Quality Inventory, States, territories, Tribes, This finding echoes concerns raised by nu- adding at the end the following: and interstate commissions report that they merous state and local governmental officials ‘‘(c) REASONABLE SERVICE CHARGES.— monitor only 33 percent of the Nation’s waters. over how some Federal agencies have seem- ‘‘(1) IN GENERAL.—For the purposes of this Of those, about 44 percent of streams, 64 per- ingly rejected local efforts to assess service Act, reasonable service charges described in cent of lakes, and 30 percent of estuaries fees to curb stormwater pollution originating or subsection (a) include any reasonable non- were not clean enough to support their des- emanating from Federal facilities. discriminatory fee, charge, or assessment ignated uses (e.g., fishing and swimming). Several states and municipalities, including that is— While these numbers highlight the remaining the District of Columbia, have taken aggres- ‘‘(A) based on some fair approximation of the proportionate contribution of the prop- need to improve the quality of the Nation’s sive action to address ongoing sources of erty or facility to stormwater pollution (in waters, they also demonstrate how this coun- stormwater pollution. Yet, when a significant terms of quantities of pollutants, or volume try’s record on improving water quality is slip- percentage of Federal property owners take or rate of stormwater discharge or runoff ping—demonstrating a slight, but significant the position that they cannot be held respon- from the property or facility); and reversal of efforts to clean up the Nation’s sible for their pollution, it places a greater fi- ‘‘(B) used to pay or reimburse the costs as- waters over the past 30 years. nancial burden on our states, cities, commu- sociated with any stormwater management For example, in the 1996 National Water nities, and local ratepayers, and makes it less program (whether associated with a separate Quality Inventory report, States reported that likely that significant reductions in stormwater storm sewer system or a sewer system that of the 3.6 million miles of rivers and streams manages a combination of stormwater and pollution can be achieved. sanitary waste), including the full range of that were assessed, 64 percent were either For example, in April 2010, the Regional programmatic and structural costs attrib- fully supporting all designated uses or were Commissioner of the U.S. General Services utable to collecting stormwater, reducing threatened for one or more of those uses. In Administration, GSA, rejected efforts by the pollutants in stormwater, and reducing the the 1998 report, this number improved to 65 District of Columbia Water and Sewer Author- volume and rate of stormwater discharge, re- percent of assessed rivers and streams. How- ity, DCWASA, to collect an assessment under gardless of whether that reasonable fee, ever, in the 2000 National Water Quality In- its Impervious Surface Area Billing Program charge, or assessment is denominated a tax. ventory report, this number slipped to only 61 for impervious surfaces under the control of ‘‘(2) LIMITATION ON ACCOUNTS.— percent of assessed rivers and streams either GSA. According to DCWASA, this charge is a ‘‘(A) LIMITATION.—The payment or reim- bursement of any fee, charge, or assessment meeting water quality standards or being ‘‘fair way to distribute the cost of maintaining described in paragraph (1) shall not be made threatened for one or more of the waterbodies’ storm sewers and protecting area waterways using funds from any permanent authoriza- designated uses, and in the 2004 Inventory, because it is based on a property’s contribu- tion account in the Treasury. this number slipped again, to 53 percent of riv- tion of rainwater to the District’s sewer sys- ‘‘(B) REIMBURSEMENT OR PAYMENT OBLIGA- ers and streams fully supporting their des- tem.’’ TION OF FEDERAL GOVERNMENT.—Each depart- ignated uses—a significant reversal in the S. 3481 amends section 313 of the Clean ment, agency, or instrumentality of the ex- trend toward meeting the goals of the Clean Water Act to clarify that ‘‘reasonable service ecutive, legislative, and judicial branches of Water Act. charges’’ for addressing pollution from Federal the Federal Government, as described in sub- section (a), shall not be obligated to pay or According to information from the Environ- facilities includes reasonable nondiscriminatory reimburse any fee, charge, or assessment de- mental Protection Agency, stormwater remains fees, charges, or assessments that are based scribed in paragraph (1), except to the extent a leading cause of water quality impairment. on the proportion of stormwater emanating and in an amount provided in advance by For example, in the 2004 Water Quality Inven- from the facility and used to pay (or reim- any appropriations Act to pay or reimburse tory, discharges of urban stormwater are the burse) costs associated with any stormwater the fee, charge, or assessment.’’. leading source of impairment to 22,559 miles management program. Mr. OBERSTAR. Madam Speaker, I rise in (or 9.2 percent) of all impaired rivers and This is a simple effort to clarify, again, that strong support of S. 3481, a bill to amend the streams, 701,024 acres (or 6.7 percent) of all the Federal Government bears a proportional Clean Water Act to clarify Federal responsi- impaired lakes, and 867 square miles (or 11.3 responsibility for addressing pollution origi- bility for stormwater pollution. percent) of all impaired estuaries. nating from its facilities, and should remain an I applaud the outstanding work of the spon- The continuing negative environmental im- active participant in improving the nation’s sors of this legislation, the distinguished Sen- pacts of stormwater are echoed in a National water quality and the overall environment. ator from the State of Maryland (Mr. CARDIN), Academy of Sciences 2009 report that ex- The intent of subsection (c)(2)(A) of Section as well as the sponsor of the House com- pressed concern about the ‘‘unprecedented 313 of the Clean Water Act, as added by S. panion bill (H.R. 5724), the Delegate from the pace’’ of urbanization in the United States. Ac- 3481, is to ensure that there is no increase in District of Columbia (Ms. NORTON), for their ef- cording to this report, ‘‘the creation of imper- mandatory spending pursuant to the U.S. forts to move this important legislation for the vious surfaces that accompanies urbanization Treasury’s permanent authority to pay, without protection of our Nation’s waters. profoundly affects how water moves both further appropriation, the water and sewer Simply put, this legislation clarifies that Fed- above and below ground during and following service charges imposed by the government eral agencies and departments are financially storm events, the quality of stormwater, and of the District of Columbia. The reference in responsible for any reasonable Federal, state, the ultimate condition of nearby rivers, lakes, such section to ‘‘any permanent authorization or locally derived charges for treating or other- and estuaries.’’ account in the Treasury’’ refers to any account wise addressing stormwater pollution that Madam Speaker, this National Academy of for which a permanent appropriation exists, emanates from Federal property. Sciences report made several findings on na- such as the U.S. Treasury account entitled Madam Speaker, over the past 4 years, the tional efforts to understand and manage urban ‘‘Federal Payment for Water and Sewer Serv- Committee on Transportation and Infrastruc- stormwater. A key finding was a lack of avail- ices’’, and does not imply that GSA’s Federal ture has examined the progress made over able resources to implement and enforce Fed- Buildings Fund may not be used to make such the past few decades in improving the overall eral and state stormwater control programs. payments.

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00037 Fmt 0688 Sfmt 9920 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23608 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 In addition, the intent of subsection (c)(2)(B) on the amount of impervious land occupied by charges for treating or otherwise addressing of Section 313 of the Clean Water Act, as the landowner. Impervious surfaces, such as stormwater pollution that emanates from Fed- added by S. 3481, is to require that Congress roofs, parking lots, sidewalks and other hard- eral property. make available, in appropriations acts, the ened surfaces are the major contributors to Existing section 313 of the Clean Water Act funds that could be used to pay stormwater stormwater runoff entering the sewer system states that ‘‘Each department, agency, or in- fees, but not that the appropriations act would and local rivers, lakes and streams, causing strumentality . . . of the Federal Government need to state specifically or expressly that the significant amounts of pollutants to enter these . . . shall be subject to, and comply with, all funds could be used to pay these charges. waters. This bill clarifies that in my district and Federal, State, interstate, and local require- Nothing in S. 3481 affects the payment by all other congressional districts, Federal agen- ments . . . including the payment of reason- the United States or any department, inde- cies must continue to pay their utility fees in- able service charges.’’ pendent establishment, or agency thereof of stead of passing the fees to our constituents. Unfortunately, over the past few months, any sanitary sewer services furnished by the Nothing in this Act was intended to affect Congress has learned of several Federal sanitary sewage works of the District of Co- the payment by the United States or any de- agencies, including some here in the Nation’s lumbia through any connection thereto for di- partment, independent establishment, or agen- Capital, that have made the determination that rect use by the government of the United cy thereof of any sanitary sewer services fur- stormwater management fees are ‘‘taxes’’ for States or any department, independent estab- nished by the sanitary sewage works of the which the agencies have claimed sovereign lishment, or agency thereof. The rules for District through any connection thereto for di- immunity and have refused to pay. those payments are set forth in law, codified rect use by the government of the United This has left several State and local munici- at section 34–2112 of the D.C. Code, and States or any department, independent estab- palities with the financial responsibility of ad- nothing in this bill amends or otherwise affects lishment, or agency thereof. The rules for dressing ongoing sources of pollution to the those rules. those payments are set forth in law codified at nation’s waters that any other private busi- Madam Speaker, this legislation has the section 34–2112 of the D.C. Code and nothing ness, landowner, or homeowner would other- strong support of several organizations rep- in this Act amends or otherwise affects those wise be responsible for paying. Polluted runoff from urban areas is the fast- resenting state and local elected officials, in- rules. This bill requires that Congress make est growing source of water pollution in Amer- cluding the National Governors Association, available, in appropriations acts, the funds that ica. As urbanization increases, impervious sur- the National Conference of State Legislatures, could be used to pay for stormwater manage- faces such as highways, roads, parking lots, the Council of State Governments, the Na- ment charges, but not that the appropriations and buildings replace non-impervious surfaces tional Association of Counties, the National act would need to state specifically or ex- that absorb stormwater. League of Cities, the U.S. Conference of May- pressly that the funds could be used to pay Runoff from impervious surfaces is a central ors, and the International City/County Manage- these charges. cause of pollution for the nation’s waters, and ment Association. It also has been endorsed This bill is supported by The National Gov- is estimated to be the primary source of im- by the National Association of Clean Water ernors Association, the National Conference of pairment for 13 percent of rivers, 18 percent of Agencies, NACWA. State Legislatures, the Council of State Gov- lakes, and 32 percent of estuaries in the U.S. I urge my colleagues to join me in sup- ernments, the National Association of Coun- These are significant figures, especially given porting S. 3481. ties, the National League of Cities, the U.S. that urban areas cover only 3 percent of the Ms. NORTON. Madam Speaker, I rise today Conference of Mayors, the International City/ land mass of the country. in strong support of S. 3481 to amend the County Management Associations, as well as Even here, in the Nation’s Capital, pollution Federal Water Pollution Control Act, which the National Association of Clean Water Agen- from stormwater runoff poses a significant clarifies that the Federal Government, like pri- cies. All of these national groups understand challenge to the quality of local receiving vate citizens and businesses, must take re- that stormwater management fees, without waters, and negatively impacts the overall en- sponsibility for the pollution it produces. This any exceptions, are necessary for managing vironmental health of the Chesapeake Bay. bill is the Senate companion to my bill, H.R. and reducing water pollution caused by According to the Environmental Protection 5724, cosponsored by my good friends from stormwater runoff. Moreover, they understand Agency, stormwater runoff from urban and Virginia and Arizona, Representative JIM that many agencies in states and localities suburban areas is ‘‘a significant source of im- MORAN and Representative GABRIELLE GIF- may stop paying their water and stormwater pairment to the Chesapeake Bay.’’ According FORDS. The bill passed the Senate with strong management fees if we do not act, putting to Agency statistics, 17 percent of phos- bipartisan support because the Senate under- even more financial burden on residents. phorus, 11 percent of nitrogen, and 9 percent stood that this is simply an issue of fairness Federal law has mandated that these local of sediment loads to the Bay come from and equity to users and a matter of managing governments must collect these fees. No ex- stormwater runoff. pollution and protecting the environment. In emption has been granted to Federal facilities. In addition, chemical contaminants from run- fact, this bill simply clarifies current law, that Please support S. 3481 to clarify the original off can rival or exceed the amount reaching the Federal Government has a responsibility intent of the law. local waterways from industries, federal facili- to pay its normal and customary fees as- I urge my colleagues to support this bill. ties, and wastewater treatment plants. sessed by local governments for managing Ms. EDDIE BERNICE JOHNSON of Texas. Several states and municipalities, including polluted stormwater runoff from Federal prop- Madam Speaker, I rise in strong support of S. the District of Columbia, have taken aggres- erties, just as private citizens pay. The con- 3481, a bill that would clarify Federal responsi- sive action to address these ongoing sources sequence of failing to pass this bill is that we bility for stormwater runoff from buildings, fa- of pollution. give the Federal Government a free ride and cilities, and lands owned or operated by the Yet, when a significant percentage of prop- pass its fees on to our constituents throughout Federal Government. This common sense bill erty owners take the position that they cannot the United States. ensures that the Federal Government main- be held responsible for their pollution, it places Section 313 of the Federal Water Pollution tains its equitable responsibility for stormwater a greater financial burden on our States, cit- Control Act states, ‘‘Each department, agency, pollution runoff originating or emanating from ies, communities, and local-ratepayers, and or instrumentality . . . of the Federal Govern- its property. makes it less likely that significant reductions ment . . . shall be subject to, and comply with I applaud the outstanding work of the spon- in stormwater pollution can be achieved. all Federal, State, interstate, and local require- sors of this legislation, the distinguished Sen- S. 3481 amends section 313 of the Clean ments . . . in the same manner, and to the ator from the State of Maryland (Mr. CARDIN), Water Act to clarify that ‘‘reasonable service same extent as any nongovernmental entity as well as the sponsor of the House com- charges’’ for addressing pollution from Federal including the payment of reasonable service panion for this bill, the Delegate from the Dis- facilities includes reasonable nondiscriminatory charges.’’ However, the Government Account- trict of Columbia (Ms. NORTON), for their ef- fees, charges, or assessments that are based ability Office issued letters to Federal agencies forts to move this legislation so quickly to the on the proportion of stormwater emanating in the District of Columbia instructing them not President’s desk. from the facility and used to pay (or reim- to pay the District of Columbia’s Water and Madam Speaker, simply put, this legislation burse) costs associated with any stormwater Sewer Authority’s, D.C. Water’s, Impervious clarifies that Federal agencies and depart- management program. Area Charge. D.C. Water calculates the ments are financially responsible for any rea- This is a simple effort to clarify, again, that charges to manage stormwater runoff based sonable Federal, State, or locally-derived the Federal Government bears a proportional

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00038 Fmt 0688 Sfmt 9920 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23609 responsibility for addressing pollution origi- Pueblo’’ after ‘‘of land on the Devils Lake APPOINTING A COMMITTEE TO nating from its facilities, and should remain an Sioux Reservation,’’. INFORM THE PRESIDENT ´ active participant in improving National water Mr. LUJAN. Madam Speaker, today I rise to Mr. MCDERMOTT. Madam Speaker, I quality and the overall environment. ask my colleagues to support an important send to the desk a privileged resolution The bill was ordered to be read a measure that will allow the Pueblo of Ohkay and ask for its immediate consider- third time, was read the third time, Owingeh, in Northern New Mexico, to expand ation. and passed, and a motion to reconsider economic opportunities for their tribal mem- The Clerk read the resolution, as fol- was laid on the table. bers. lows: f Ohkay Owingeh is a small tribal community H. RES. 1784 (Pueblo) in the northern part of my district and Resolved, That a committee of two Mem- HELPING HEROES KEEP THEIR is part of the cultural fabric of Northern New HOMES ACT OF 2010 bers of the House be appointed to wait upon Mexico. Since before Spanish rule, and Amer- the President of the United States and in- Mr. PERRIELLO. Madam Speaker, I ican Manifest Destiny the small pueblo of form him that the House of Representatives ask unanimous consent to take from Ohkay Owingeh used it’s surrounding lands to has completed its business of the session and the Speaker’s table the bill (S. 4058) to provide for its people. is ready to adjourn, unless the President has extend certain expiring provisions pro- As history moved to present day the Federal some other communication to make to them. viding enhanced protections for serv- government and tribal communities entered The resolution was agreed to. icemembers relating to mortgages and into trust treaties to provide for the well being A motion to reconsider was laid on mortgage foreclosure, and ask for its of Indian people across our nation. As part of the table. immediate consideration in the House. the federal government’s trust obligation to f The Clerk read the title of the bill. tribal communities, putting lands into trust for b 1750 The SPEAKER pro tempore. Is there use by tribal people is something that is fun- objection to the request of the gen- damental to the government-to-government re- APPOINTMENT OF COMMITTEE TO tleman from Virginia? lationship between the United States and indi- NOTIFY THE PRESIDENT There was no objection. vidual tribal communities. The SPEAKER pro tempore. Pursu- The text of the bill is as follows: In the modern age many tribes develop part ant to House Resolution 1784, the Chair S. 4058 of their trust lands to create economic oppor- appoints the following Members of the Be it enacted by the Senate and House of Rep- tunities for their people. In many cases their House to the committee to notify the resentatives of the United States of America in ventures are successful and the tribe can use President: Congress assembled, their trust lands as they see fit, but in other The gentleman from Maryland (Mr. SECTION 1. SHORT TITLE. cases like that of Ohkay Owingeh the cum- HOYER); This Act may be cited as the ‘‘Helping He- bersome nature of obtaining approval to lease The gentleman from Ohio (Mr. BOEH- roes Keep Their Homes Act of 2010’’. their lands for economic activity can prevent NER). SEC. 2. EXTENSION OF ENHANCED PROTECTIONS very beneficial business ventures from ever f FOR SERVICEMEMBERS RELATING taking place and, thus, hindering the tribes TO MORTGAGES AND MORTGAGE ability to provide for its own people. AUTHORIZING CHAIR AND RANK- FORECLOSURE UNDER ING MINORITY MEMBER OF EACH SERVICEMEMBERS CIVIL RELIEF The importance of allowing tribal govern- ACT. ments to enter into long term leases is para- STANDING COMMITTEE AND SUB- Paragraph (2) of section 2203(c) of the mount to giving them the ability to create bet- COMMITTEE TO EXTEND RE- Housing and Economic Recovery Act of 2008 ter opportunities for their tribal members, their MARKS IN RECORD (Public Law 110–289) is amended— children and future generations. Many tribes Mr. MCDERMOTT. Madam Speaker, I (1) by striking ‘‘December 31, 2010’’ and in- serting ‘‘December 31, 2012’’; and have vast lands that can benefit the tribe and ask unanimous consent that the chair (2) by striking ‘‘January 1, 2011’’ and in- surrounding areas economically, but because and ranking minority member of each serting ‘‘January 1, 2013’’. of the process of getting secretarial approval standing committee and each sub- The bill was ordered to be read a to lease their own lands can be detrimental for committee be permitted to extend third time, was read the third time, the tribe. their remarks in the CONGRESSIONAL and passed, and a motion to reconsider I am asking my colleagues to support this RECORD, up to and including the was laid on the table. no cost measure that will allow the tribe of RECORD’s last publication, and to in- Ohkay Owingeh to enter into long term leases clude a summary of the work of that f to expand economic opportunities for the tribe committee or subcommittee. LEASE AUTHORIZATION FOR and to lift the cumbersome requirement of The SPEAKER pro tempore. Is there OHKAY OWINGEH PUEBLO Secretarial Approval for use of their own objection to the request of the gen- Mr. LUJA´ N. Madam Speaker, I ask lands. tleman from Washington? unanimous consent to take from the Many of my colleagues on both sides of the There was no objection. Speaker’s table the bill (S. 3903) to au- aisle have supported such measures for other f tribes around the country in this congress and thorize leases of up to 99 years for GRANTING MEMBERS OF THE in congresses past; and this kind bipartisan lands held in trust for Ohkay Owingeh HOUSE PRIVILEGE TO REVISE support is crucial to providing opportunities for Pueblo, and ask for its immediate con- AND EXTEND REMARKS IN CON- the small Pueblo of Ohkay Owingeh. sideration in the House. GRESSIONAL RECORD UNTIL The bill was ordered to be read a The Clerk read the title of the bill. LAST EDITION IS PUBLISHED The SPEAKER pro tempore. Is there third time, was read the third time, Mr. MCDERMOTT. Madam Speaker, I objection to the request of the gen- and passed, and a motion to reconsider ask unanimous consent that Members tleman from New Mexico? was laid on the table. may have until publication of the last There was no objection. f edition of the CONGRESSIONAL RECORD The text of the bill is as follows: GENERAL LEAVE authorized for the Second Session of S. 3903 Mr. LUJA´ N. Madam Speaker, I ask the 111th Congress by the Joint Com- Be it enacted by the Senate and House of unanimous consent that all Members mittee on Printing to revise and extend Representatives of the United States of America may revise and extend their remarks their remarks and to include brief, re- in Congress assembled, on the measures considered by unani- lated extraneous material on any mat- SECTION 1. OHKAY OWINGEH PUEBLO LEASING AUTHORITY. mous consent today. ter occurring before the adjournment Subsection (a) of the first section of the The SPEAKER pro tempore. Is there of the Second Session sine die. Act of August 9, 1955 (25 U.S.C. 415(a)), is objection to the request of the gen- The SPEAKER pro tempore. Is there amended in the second sentence by inserting tleman from New Mexico? objection to the request of the gen- ‘‘and lands held in trust for Ohkay Owingeh There was no objection. tleman from Washington?

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23610 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 There was no objection. THE AFGHANISTAN REVIEW: There are reports that the United States is THAT’S IT? considering expanding the war across the bor- f (Ms. WOOLSEY asked and was given der in an unprecedented way, with risky and APPOINTMENT—BOARD OF DIREC- permission to address the House for 1 dangerous Special Operations ground raids TORS OF VIETNAM EDUCATION minute and to revise and extend her re- into Pakistan. FOUNDATION marks.) We can’t take much more, Madam Speaker. This occupation has been given every chance The SPEAKER pro tempore. Pursu- Ms. WOOLSEY. Madam Speaker, to succeed. The time for patience has long ant to section 205(a) of the Vietnam after more than 9 years of the war in since passed. It’s time to bring the troops Education Foundation Act of 2000 (P.L. Afghanistan and a troop surge that home. 106–554), and the order of the House of supposedly was going to turn the tide, January 6, 2009, the Chair announces all we have are modest gains that are f fragile and reversible. For the price of the Speaker’s appointment of the fol- TAKING CARE OF BUSINESS lowing Member of the House to the $377 billion, the lives of 1,400 brave Board of Directors of the Vietnam Edu- Americans, that’s it? (Mr. MCDERMOTT asked and was cation Foundation: We need to hear more than ‘‘the chal- given permission to address the House Upon the recommendation of the ma- lenges are tough and there are difficult for 1 minute and to revise and extend jority leader: days ahead.’’ We need to hear more his remarks.) Ms. LORETTA SANCHEZ, California. than ‘‘stay the course’’ platitudes that Mr. MCDERMOTT. Madam Speaker, do little to eliminate the situation for we’ve had a long, tough Congress, and f the American people who are footing we come to the end of it, and I’m sorry the bill. that my good friend from Texas im- REPORT FROM COMMITTEE TO Columnist Eugene Robinson assessed plied the vote was held open for some NOTIFY THE PRESIDENT the review this way: ‘‘The good news is nefarious reasons. Mr. MCDERMOTT. Madam Speaker, that President Obama’s strategy in Af- We passed the bill for our first re- your committee appointed to inform ghanistan is ‘on track.’ The bad news is sponders a long time ago, and they fi- the President that the House is ready that the track runs in a circle.’’ nally got around to it over in the Sen- to adjourn and to ask him if he has any Round and round on that track we ate. Those people were important, and further communications to make to go, Madam Speaker. More of our finest it was important that we wait and the House has performed that duty and young people thrown into harm’s way, make sure it gets over here and we get advises me that the President has di- more dollars flying out of the Treas- it passed into law. rected them to say that he has no fur- ury, more of our global credibility de- Unfortunately, one of our Members ther communications to make to the stroyed. had gone home to visit her grand- House. And because the track runs in a circle, we mother, who is near the end of her life, The SPEAKER pro tempore. The always seem to wind up in the same place— and the plane was coming in and trying Chair thanks the gentleman. no closer to defeating the terrorists, no to drive in the traffic of the rush hour progress made on key national security objec- makes it a little difficult. And so it f tives. didn’t happen quite as quickly as we THIS IS NO WAY TO RUN A Here are some unvarnished facts you didn’t wanted, but I’m sure at this time of GOVERNMENT hear emphasized in the Afghanistan review: Christmas, when we all believe that we Casualties are rising to record-setting levels. (Mr. GOHMERT asked and was given want good will for all men and all The Taliban remains not just viable but robust, women around the world, we can ex- permission to address the House for 1 while Afghan governance remains ineffective minute.) tend a moment to finish the business of at best, corrupt at worst. taking care of the first responders who Mr. GOHMERT. Madam Speaker, this Hamid Karzai remains an unreliable loose bill that’s just passed has been indic- on the 11th of September 2001 didn’t cannon, lashing out—according to one re- hesitate on our behalf. ative of how things have gone here in port—that he’d choose the Taliban over the this last 2 years. People didn’t have a United States and the international community. f chance to read the bill. People didn’t The security situation continues to deterio- APPOINTMENT—NATIONAL ADVI- have a chance to make amendments to rate, with violence so great that the Red Cross SORY COMMITTEE ON INSTITU- the bill. says it’s nearly impossible for them to do their TIONAL QUALITY AND INTEG- There is no question the heroes from humanitarian work. RITY 9/11 deserved our full attention. They An article in the Washington Post several The SPEAKER pro tempore. Pursu- deserved to have proper moneys raised days ago put it best: ‘‘Afghanistan still remains ant to section 106 of the Higher Edu- in proper ways in order to fund their a violent chaotic nation with as many signs of cation Opportunity Act (P.L. 110–315) proper treatment. That should have American defeat as of victory.’’ been done, but it wasn’t. No, we come With that context, what do we make of Sec- and the order of the House of January rushing in here at the last minute, and retary Gates saying that progress in Afghani- 6, 2009, the Chair announces the Speak- in fact, there were 176 Democrats that stan has ‘‘exceeded my expectations’’? I shud- er’s appointment of the following Mem- voted. It took 42 Republicans voting to der to think at just how low his expectations ber on the part of the House to the Na- give a quorum to get enough people so were. tional Advisory Committee on Institu- the vote would count. We had to wait The American people, however, have high tional Quality and Integrity for a term over an hour for people to fly in from expectations. that’s why 60 percent of them, of 6 years: different places. according to a recent poll, believe that this war Upon the recommendation of the ma- Is that any way to run a government? isn’t worth fighting. jority leader: Is that any way to handle the business Sixty percent, Madam Speaker! My friends Dr. George T. French, Fairfield, Ala- regarding heroes? And by the way, on the other side of the aisle are claiming a bama. we’re told, well, this will be paid for. ringing mandate with less public support than f One of the ways we’re going to get a that. bunch of money to pay for that is our And the Afghan people are no more enthu- FURTHER MESSAGE FROM THE troops are in the Middle East, and we siastic. not even one-third of them rate the SENATE have to buy things from vendors over work of the work of the U.S. in their country A further message from the Senate there, and we’re going to slap a 2 per- as excellent or good. by Ms. Curtis, one of its clerks, an- cent tax on everything they sell to us. And despite all this, the response appears nounced that the Senate has passed Our servicemembers will pay for it. to be not an accelerated drawdown, but an es- without amendment a bill of the House This is no way to run a government. calation of violence. of the following title:

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23611 H. Con. Res. 336. Concurrent resolution TITLE IV—BUDGETARY EFFECTS ‘‘(2)(A) The total amount of payments that providing for the sine die adjournment of the Sec. 401. Compliance with PAYGO. may be made under paragraph (1) shall not ex- second session of the One Hundred Eleventh ceed— TITLE I—EXTENSION OF TRADE ADJUST- Congress. ‘‘(i) $575,000,000 for fiscal year 2010; and MENT ASSISTANCE AND HEALTH COV- ‘‘(ii) $66,500,000 for the 6-week period begin- The message also announced that the ERAGE IMPROVEMENT Senate has passed with an amendment ning January 1, 2011, and ending February 12, Subtitle A—Extension of Trade Adjustment 2011.’’. in which the concurrence of the House Assistance (2) Section 245(a) of the Trade Act of 1974 (19 is requested, a bill of the House of the SEC. 101. EXTENSION OF TRADE ADJUSTMENT AS- U.S.C. 2317(a)) is amended by striking ‘‘Decem- following title: SISTANCE. ber 31, 2010’’ and inserting ‘‘February 12, 2011’’. H.R. 6517. An act to extend trade adjust- (a) IN GENERAL.—Section 1893(a) of the Trade (3) Section 246(b)(1) of the Trade Act of 1974 ment assistance and certain trade preference and Globalization Adjustment Assistance Act of (19 U.S.C. 2318(b)(1)) is amended by striking programs, to amend the Harmonized Tariff 2009 (Public Law 111–5; 123 Stat. 422) is amend- ‘‘December 31, 2010’’ and inserting ‘‘February Schedule of the United States to modify ed by striking ‘‘January 1, 2011’’ each place it 12, 2011’’. temporarily certain rates of duty, and for appears and inserting ‘‘Febrary 13, 2011’’. (4) Section 255(a) of the Trade Act of 1974 (19 other purposes. (b) APPLICATION OF PRIOR LAW.—Section U.S.C. 2345(a)) is amended— f 1893(b) of the Trade and Globalization Adjust- (A) in the first sentence to read as follows: ment Assistance Act of 2009 (Public Law 111–5; ‘‘There are authorized to be appropriated to the OMNIBUS TRADE ACT OF 2010 123 Stat. 422 (19 U.S.C. 2271 note prec.)) is Secretary to carry out the provisions of this Mr. MCDERMOTT. Madam Speaker, I amended to read as follows: chapter $50,000,000 for fiscal year 2010 and ask unanimous consent to take from ‘‘(b) APPLICATION OF PRIOR LAW.—Chapters 2, $5,800,000 for the 6-week period beginning Janu- 3, 4, 5, and 6 of title II of the Trade Act of 1974 ary 1, 2011, and ending February 12, 2011.’’; and the Speaker’s table the bill (H.R. 6517) (19 U.S.C. 2271 et seq.) shall be applied and ad- (B) in paragraph (1), by striking ‘‘December to extend trade adjustment assistance ministered beginning February 13, 2011, as if the 31, 2010’’ and inserting ‘‘February 12, 2011’’. and certain trade preference programs, amendments made by this subtitle (other than (5) Section 275(f) of the Trade Act of 1974 (19 to amend the Harmonized Tariff Sched- part VI) had never been enacted, except that in U.S.C. 2371d(f)) is amended by striking ‘‘2011’’ ule of the United States to modify tem- applying and administering such chapters— and inserting ‘‘and annually thereafter’’. porarily certain rates of duty, and for ‘‘(1) section 245 of that Act shall be applied (6) Section 276(c)(2) of the Trade Act of 1974 other purposes, with the Senate and administered by substituting ‘February 12, (19 U.S.C. 2371e(c)(2)) is amended to read as fol- amendment thereto, and concur in the 2012’ for ‘December 31, 2007’; lows: ‘‘(2) section 246(b)(1) of that Act shall be ap- ‘‘(2) FUNDS TO BE USED.—Of the funds appro- Senate amendment. plied and administered by substituting ‘Feb- priated pursuant to section 277(c), the Secretary The Clerk read the title of the bill. ruary 12, 2012’ for ‘the date that is 5 years’ and may make available, to provide grants to eligible The text of the Senate amendment is all that follows through ‘State’; communities under paragraph (1), not more as follows: ‘‘(3) section 256(b) of that Act shall be applied than— Senate amendment: and administered by substituting ‘the 1-year pe- ‘‘(A) $25,000,000 for fiscal year 2010; and Strike all after the enacting clause and in- riod beginning February 13, 2011, and ending ‘‘(B) $2,900,000 for the 6-week period begin- sert the. following: February 12, 2012,’ for ‘each of fiscal years 2003 ning January 1, 2011, and ending February 12, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. through 2007, and $4,000,000 for the 3-month pe- 2011.’’. (a) SHORT TITLE.—This Act may be cited as riod beginning on October 1, 2007,’; (7) Section 277(c) of the Trade Act of 1974 (19 the ‘‘Omnibus Trade Act of 2010’’. ‘‘(4) section 298(a) of that Act shall be applied U.S.C. 2371f(c)) is amended— (b) TABLE OF CONTENTS.—The table of con- and administered by substituting ‘the 1-year pe- (A) by amending paragraph (1) to read as fol- tents for this Act is as follows: riod beginning February 13, 2011, and ending lows: Sec. 1. Short title; table of contents. February 12, 2012,’ for ‘each of the fiscal years’ ‘‘(1) IN GENERAL.—There are authorized to be TITLE I—EXTENSION OF TRADE ADJUST- and all that follows through ‘October 1, 2007’; appropriated to the Secretary to carry out this MENT ASSISTANCE AND HEALTH COV- and subchapter— ERAGE IMPROVEMENT ‘‘(5) subject to subsection (a)(2), section 285 of ‘‘(A) $150,000,000 for fiscal year 2010; and that Act shall be applied and administered— ‘‘(B) $17,3000 for the 6-week period beginning Subtitle A—Extension of Trade Adjustment ‘‘(A) in subsection (a), by substituting ‘Feb- January 1, 2011 and ending February 12, 2011.’’; Assistance ruary 12, 2011’ for ‘December 31, 2007’ each and Sec. 101. Extension of trade adjustment assist- place it appears; and (B) in paragraph (2)(A), by striking ‘‘Decem- ance. ‘‘(B) by applying and administering sub- ber 31, 2010’’ and inserting ‘‘February 12, 2011’’. Sec. 102. Merit staffing for State administration section (b) as if it read as follows: (8) Section 278(e) of the Trade Act of 1974 (19 of trade adjustment assistance. ‘‘ ‘(b) OTHER ASSISTANCE.— U.S.C. 2372(e)) is amended by striking ‘‘2011’’ Subtitle B—Health Coverage Improvement ‘‘ ‘(1) ASSISTANCE FOR FIRMS.— and inserting ‘‘and annually thereafter’’. Sec. 111. Improvement of the affordability of the ‘‘(A) IN GENERAL.—Except as provided in sub- (9) Section 279A(h)(2) of the Trade Act of 1974 credit. paragraph (B), assistance may not be provided (19 U.S.C. 2373(h)(2)) is amended by striking Sec. 112. Payment for the monthly premiums under chapter 3 after February 12, 2012. ‘‘2011’’ and inserting ‘‘and annually there- paid prior to commencement of the ‘‘ ‘(B) EXCEPTION.—Notwithstanding sub- after’’. advance payments of credit. paragraph (A), any assistance approved under (10) Section 279B(a) of the Trade Act of 1974 Sec. 113. TAA recipients not enrolled in training chapter 3 on or before February 12, 2012, may be (19 U.S.C. 2373a(a)) is amended to read as fol- programs eligible for credit. provided— lows: Sec. 114. TAA pre-certification period rule for ‘‘ ‘(i) to the extent funds are available pursu- ‘‘(a) IN GENERAL.— purposes of determining whether ant to such chapter for such purpose; and ‘‘(1) AUTHORIZATION.—There are authorized there is a 63-day lapse in cred- ‘‘ ‘(ii) to the extent the recipient of the assist- to be appropriated to the Secretary of Labor to itable coverage. ance is otherwise eligible to receive such assist- carry out the Sector Partnership Grant program Sec. 115. Continued qualification of family mem- ance. under section 279A— bers after certain events. ‘‘ ‘(2) FARMERS.— ‘‘(A) $40,000,000 for fiscal year 2010; and Sec. 116. Extension of COBRA benefits for cer- ‘‘ ‘(A) IN GENERAL.—Except as provided in ‘‘(B) $4,600,000 for the 6-week period begin- tain TAA-eligible individuals and subparagraph (B), assistance may not be pro- ning January 1, 2011, and ending February 12, PBGC recipients. vided under chapter 6 after February 12, 2012. 2011. Sec. 117. Addition of coverage through vol- ‘‘ ‘(B) EXCEPTION.—Notwithstanding sub- ‘‘(2) AVAILABILITY OF APPROPRIATIONS.— untary employees’ beneficiary as- paragraph (A), any assistance approved under Funds appropriated pursuant to this section sociations. chapter 6 on or before February 12, 2012, may be shall remain available until expended.’’. Sec. 118. Notice requirements. provided— (11) Section 285 of the Trade Act of 1974 (19 TITLE II—ANDEAN TRADE PREFERENCES ‘‘ ‘(i) to the extent funds are available pursu- U.S.C. 2271 note) is amended— ACT ant to such chapter for such purpose; and (A) by striking ‘‘December 31, 2010’’ each ‘‘ ‘(ii) to the extent the recipient of the assist- place it appears and inserting ‘‘February 12, Sec. 201. Extension of Andean Trade Preference ance is otherwise eligible to receive such assist- 2011’’; and Act. ance.’.’’. (B) in subsection (a)(2)(A), by inserting ‘‘pur- TITLE III—OFFSETS (c) CONFORMING AMENDMENTS.— suant to petitions filed under section 221 before Sec. 301. Customs user fees. (1) Section 236(a)(2)(A) of the Trade Act of February 12, 2011’’ after ‘‘title’’. Sec. 302. Time for payment of corporate esti- 1974 (19 U.S.C. 2296(a)(2)(A)) is amended to read (12) Section 298(a) of the Trade Act of 1974 (19 mated taxes. as follows: U.S.C. 2401g(a)) is amended by striking

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00041 Fmt 0688 Sfmt 6333 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23612 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 ‘‘$90,000,000 for each of the fiscal years 2009 and 1899E(a) of the American Recovery and Rein- 3202(F)(1)) is amended by striking ‘‘every 2 2010, and $22,500,000 for the period beginning vestment Tax Act of 2009 (relating to continued years’’ and inserting ‘‘annually’’. October 1, 2010, and ending December 31, 2010’’ qualification of family members after certain TITLE III OFFSETS and inserting ‘‘$10,400,000 for the 6-week period events), is amended by striking ‘‘January 1, beginning January 1, 2011, and ending February 2011’’ and inserting ‘‘February 13, 2011’’. SEC. 301. CUSTOMS USER FEES. 12, 2011’’. (b) CONFORMING AMENDMENT.—Section Section 13031(j)(3) of the Consolidated Omni- (13) The table of contents for the Trade Act of 173(f)(8) of the Workforce Investment Act of 1998 bus Budget Reconciliation Act of 1985 (19 U.S.C. 1974 is amended by striking the item relating to (29 U.S.C. 2918(f)) is amended by striking ‘‘Jan- 58c(j)(3)) is amended— section 235 and inserting the following: uary 1, 2011’’ and inserting ‘‘February 13, 2011’’. (1) in subparagraph (A), by striking ‘‘Sep- ‘‘See. 235. Employment and case management (c) EFFECTIVE DATE.—The amendments made tember 30, 2019’’ and inserting ‘‘January 7, services.’’. by this section shall apply to months beginning 2020’’; and (d) EFFECTIVE DATE.—The amendments made after December 31, 2010. (2) in subparagraph (B)(i), by striking ‘‘Sep- by this section shall take effect on January 1, SEC. 116. EXTENSION OF COBRA BENEFITS FOR tember 30, 2019’’ and inserting ‘‘January 14, 2011. CERTAIN TAA-ELIGIBLE INDIVID- 2020’’. SEC. 102 MERIT STAFFING FOR STATE ADMINIS- UALS AND PBGC RECIPIENTS. SEC. 302. TIME FOR PAYMENT OF CORPORATE ES- TRATION OF TRADE ADJUSTMENT (a) ERISA AMENDMENTS.— TIMATED TAXES. ASSISTANCE. (1) PBGC RECIPIENTS.—Section 602(2)(A)(v) of The percentage under paragraph (2) of section (a) IN GENERAL.—Notwithstanding section the Employee Retirement Income Security Act of 561 of the Hiring Incentives to Restore Employ- 618.890(b) of title 20, Code of Federal Regula- 1974 (29 U.S.C. 1162(2)(A)(v)) is amended by ment Act in effect on the date of the enactment tions, or any other provision of law, the single striking ‘‘December 31, 2010’’ and inserting of this Act is increased by 4.5 percentage points. transition deadline for implementing the merit- ‘‘February 12, 2011’’. TITLE IV BUDGETARY EFFECTS based State personnel staffing requirements con- (2) TAA-ELIGIBLE INDIVIDUALS.—Section tained in section 618.890(a) of title 20, Code of 602(2)(A)(vi) of such Act (29 U.S.C. SEC. 401. COMPLIANCE WITH PAYGO. Federal Regulations, shall not be earlier than 1162(2)(A)(vi)) is amended by striking ‘‘Decem- The budgetary effects of this Act, for the pur- February 12, 2011. ber 31, 2010’’ and inserting ‘‘February 12, 2011’’. pose of complying with the Statutory Pay-As- (b) EFFECTIVE DATE.—This section shall take (b) IRC AMENDMENTS.— You-Go Act of 2010, shall be determined by ref- effect on December 14, 2010. (1) PBGC RECIPIENTS.—Section erence to the latest statement titled ‘‘Budgetary SUBTITLE B—HEALTH COVERAGE IMPROVEMENT 4980B(f)(2)(B)(i)(V) of the Internal Revenue Effects of PAYGO Legislation’’ for this Act, sub- SEC. 111. IMPROVEMENT OF THE AFFORDABILITY Code of 1986 is amended by striking ‘‘December mitted for printing in the Congressional Record OF THE CREDIT. 31, 2010’’ and inserting ‘‘February 12, 2011’’. by the Chairman of the Senate Budget Com- (a) IN GENERAL.—Section 35(a) of the Internal (2) TAA-ELIGIBLE INDIVIDUALS.—Section mittee, provided that such statement has been Revenue Code of 1986 is amended by striking 4980B(f)(2)(B)(i)(VI) of such Code is amended by submitted prior to the vote on passage. ‘‘January 1, 2011’’ and inserting ‘‘February 13, striking ‘‘December 31, 2010’’ and inserting The SPEAKER pro tempore. Is there 2011’’. ‘‘February 12, 2011’’. (c) PHSA AMENDMENTS.—Section objection to the request of the gen- (b) CONFORMING AMENDMENT.—Section 7527(b) tleman from Washington? of such Code is amended by striking ‘‘January 1, 2202(2)(A)(iv) of the Public Health Service Act 2011’’ and inserting ‘‘February 13, 2011’’. (42 U.S.C. 300bb–2(2)(A)(iv)) is amended by There was no objection. (c) EFFECTIVE DATE.—The amendments made striking ‘‘December 31, 2010’’ and inserting A motion to reconsider was laid on by this section shall apply to coverage months ‘‘February 12, 2011’’. the table. (d) EFFECTIVE DATE.—The amendments made beginning after December 31, 2010. f SEC. 112. PAYMENT FOR THE MONTHLY PRE- by this section shall apply to periods of coverage MIUMS PAID PRIOR TO COMMENCE- which would (without regard to the amend- APPOINTMENT—ADVISORY COM- MENT OF THE ADVANCE PAYMENTS ments made by this section) end on or after De- MITTEE ON STUDENT FINANCIAL OF CREDIT. cember 31, 2010. ASSISTANCE (a) IN GENERAL.—Section 7527(e) of the Inter- SEC. 117. ADDITION OF COVERAGE THROUGH nal Revenue Code of 1986 is amended by striking VOLUNTARY EMPLOYEES’ BENE- The SPEAKER pro tempore. Pursu- ‘‘January 1, 2011’’ and inserting ‘‘February 13, FICIARY ASSOCIATIONS. ant to section 491 of the Higher Edu- 2011’’. (a) IN GENERAL.—Section 35(e)(1)(K) of the In- cation Act (20 U.S.C. 1098(c)), as amend- (b) EFFECTIVE DATE.—The amendment made ternal Revenue Code of 1986 is amended by ed, and the order of the House of Janu- by this section shall apply to coverage months striking ‘‘January 1, 2011’’ and inserting ‘‘Feb- beginning after December 31, 2010. ruary 13, 2012’’. ary 6, 2009, the Chair announces the SEC 113. TAA RECIPIENTS NOT ENROLLED IN (b) EFFECTIVE DATE.—The amendment made Speaker’s appointment of the following TRAINING PROGRAMS ELIGIBLE FOR by this section shall apply to coverage months member on the part of the House to the CREDIT. beginning after December 31, 2010. Advisory Committee on Student Finan- (a) IN GENERAL.—Section 35(c)(2)(B) of the In- SEC. 118. NOTICE REQUIREMENTS. cial Assistance for a term of 4 years: ternal Revenue Code of 1986 is amended by (a) IN GENERAL.—Section 7527(d)(2) of the In- Upon the recommendation of the ma- striking ‘‘January 1, 2011’’ and inserting ‘‘Feb- ternal Revenue Code of 1986 is amended by jority leader: ruary 13, 2011’’. striking ‘‘January 1, 2011’’ and inserting ‘‘Feb- (b) EFFECTIVE DATE.—The amendment made Ms. Deborah Stanley, Bowie, Mary- ruary 13, 2011’’. land. by this section shall apply to coverage months (b) EFFECTIVE DATE.—The amendment made beginning after December 31, 2010. by this section shall apply to certificates issued f SEC 114. TAA PRE-CERTIFICATION PERIOD RULE after December 31, 2010. FOR PURPOSES OF DETERMINING HOUSE BILLS AND JOINT RESOLU- WHETHER THERE IS A 63–DAY LAPSE TITLE II—ANDEAN TRADE PREFERENCES TIONS APPROVED BY THE PRESI- ACT IN CREDITABLE COVERAGE. DENT (a) IRC AMENDMENT.—Section 9801(c)(2)(D) of SEC. 201. EXTENSION OF ANDEAN TRADE PREF- the Internal Revenue Code of 1986 is amended ERENCE ACT. The President notified the Clerk of by striking ‘‘January 1, 2011’’ and inserting (a) EXTENSION.—Section 208(a)(1) of the Ande- the House that on the following dates ‘‘February 13, 2011’’. an Trade Preference Act (19 U.S.C. 3206(a)(1)) is he had approved and signed bills and (b) ERISA AMENDMENT.—Section 701(c)(2)(C) amended to read as follows: joint resolutions of the following titles: of the Employee Retirement Income Security Act ‘‘(1) remain in effect— of 1974 (29 U.S.C. 1181(c)(2)(C)) is amended by ‘‘(A) with respect to Colombia after February July 29, 2010: striking ‘‘January 1, 2011’’ and inserting ‘‘Feb- 12, 2011; and H.R. 4899. An Act making supplemental ap- ruary 13, 2011’’. ‘‘(B) with respect to Peru after December 31, propriations for the fiscal year ending Sep- (c) PHSA AMENDMENT.—Section 2701(c)(2)(C) 2010;’’. tember 30, 2010, and for other purposes. of the Public Health Service Act (as in effect for (b) ECUADOR.—Section 208(a) (2) of the Ande- H.R. 5610. An Act to provide a technical ad- plan years beginning before January 1, 2014) is an Trade Preference Act (19 U.S.C. 3206(a)(2)) is justment with respect to funding for inde- amended by striking ‘‘January 1, 2011’’ and in- amended by striking ‘‘December 31, 2010’’ and pendent living centers under the Rehabilita- serting ‘‘February 13, 2011’’. inserting ‘‘February 12, 2011’’. tion Act of 1973 in order to ensure stability (d) EFFECTIVE DATE.—The amendments made (c) TREATMENT OF CERTAIN APPAREL ARTI- for such centers. by this section shall apply to plan years begin- CLES.—Section 204(b)(3)(E)(II)(H) of the Andean August 1, 2010: ning after December 31, 2010. Trade Preference Act (19 U.S.C. 3203(b)(3)) is H.R. 5900. An Act to amend the Internal SEC. 115. CONTINUED QUALIFICATION OF FAMILY amended (ii)(II), by striking ‘‘December 31, Revenue Code of 1986 to extend the funding MEMBERS AFTER CERTAIN EVENTS. 2010’’ and inserting ‘‘February 12, 2011’’. and expenditure authority of the Airport and (a) IN GENERAL.—Section 35(g)(9) of the Inter- (d) ANNUAL REPORT.—Section 203(f)(1) of the Airway Trust Fund, to amend title 49, United nal Revenue Code of 1986, as added by section Andean Trade Preference Act (19 U.S.C. States Code, to extend airport improvement

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23613 program project grant authority and to im- to increase the availability of credit for formance metrics for homeland security pre- prove airline safety, and for other purposes. small businesses, to amend the Internal Rev- paredness grants, and for other purposes. August 10, 2010: enue Code of 1986 to provide tax incentives October 13, 2010: H.R. 1586. An Act to modernize the air traf- for small business job creation, and for other H.R. 946. An Act to enhance citizen access fic control system, improve the safety, reli- purposes. to Government information and services by ability, and availability of transportation by H.R. 6102. An Act to amend the National establishing that Government documents air in the United States, provide for mod- Defense Authorization Act for Fiscal Year issued to the public must be written clearly, ernization of the air traffic control system, 2010 to extend the authority of the Secretary and for other purposes. reauthorize the Federal Aviation Adminis- of the Navy to enter into multiyear con- H.R. 3219. An Act to amend title 38, United tration, and for other purposes. tracts for F/A–18E, F/A–18F, and EA–18G air- States Code, and the Servicemembers Civil H.R. 2765. An Act to amend title 28, United craft. Relief Act to make certain improvements in States Code, to prohibit recognition and en- September 30, 2010: the laws administered by the Secretary of forcement of foreign defamation judgments H.R. 3081. An Act making continuing ap- Veterans Affairs, and for other purposes. and certain foreign judgments against the propriations for the fiscal year ending Sep- H.R. 4543. An Act to designate the facility providers of interactive computer services. tember 30, 2011, and for other purposes. of the United States Postal Service located H.R. 5874. An Act making supplemental ap- H.R. 3940. An Act to clarify the authority at 4285 Payne Avenue in San Jose, Cali- propriations for the United States Patent of the Secretary of the Interior to extend fornia, as the ‘‘Anthony J. Cortese Post Of- and Trademark Office for the fiscal year end- grants and other assistance to facilitate po- fice Building’’. ing September 30, 2010, and for other pur- litical status public education programs for H.R. 5341. An Act to designate the facility poses. the peoples of the non-self-governing terri- of the United States Postal Service located August 11, 2010: tories of the United States. at 100 Orndorf Drive in Brighton, Michigan, H.R. 4380. An Act to amend the Harmonized H.R. 6190. An Act to amend the Internal as the ‘‘Joyce Rogers Post Office Building’’. Tariff Schedule of the United States to mod- Revenue Code of 1986 to extend the funding H.R. 5390. An Act to designate the facility ify temporarily certain rates of duty, and for and expenditure authority of the Airport and of the United States Postal Service located other purposes. Airway Trust Fund, to amend title 49, United at 13301 Smith Road in Cleveland, Ohio, as H.R. 5872. An Act to provide adequate com- States Code, to extend the airport improve- the ‘‘David John Donafee Post Office Build- mitment authority for fiscal year 2010 for ment program, and for other purposes. ing’’. guaranteed loans that are obligations of the October 5, 2010: H.R. 5450. An Act to designate the facility General and Special Risk Insurance Funds of H.R. 1517. An Act to allow certain U.S. Cus- of the United States Postal Service located the Department of Housing and Urban Devel- toms and Border Protection employees who at 3894 Crenshaw Boulevard in Los Angeles, opment. serve under an overseas limited appointment California, as the ‘‘Tom Bradley Post Office H.R. 5981. An Act to increase the flexibility for at least 2 years, and whose service is Building’’. of the Secretary of Housing and Urban De- rated fully successful or higher throughout H.R. 6200. An Act to amend part A of title velopment with respect to the amount of that time, to be converted to a permanent XI of the Social Security Act to provide for premiums charged for FHA single family appointment in the competitive service. a 1-year extension of the authorizations for housing mortgage insurance, and for other October 7, 2010: the Work Incentives Planning and Assist- purposes. H.R. 553. An Act to require the Secretary ance program and the Protection and Advo- August 13, 2010: of Homeland Security to develop a strategy cacy for Beneficiaries of Social Security pro- H.R. 6080. An Act making emergency sup- to prevent the over-classification of home- gram. plemental appropriations for border security land security and other information and to October 15, 2010: for the fiscal year ending September 30, 2010, promote the sharing of unclassified home- H.R. 3619. An Act to authorize appropria- and for other purposes. land security and other information, and for tions for the Coast Guard for fiscal year 2011, August 16, 2010: other purposes. and for other purposes. H.R. 511. An Act to authorize the Secretary H.R. 2701. An Act to authorize appropria- November 30, 2010: of Agriculture to terminate certain ease- tions for fiscal year 2010 for intelligence and H.R. 5712. An Act entitled The Physician ments held by the Secretary on land owned intelligence-related activities of the United Payment and Therapy Relief Act of 2010. by the Village of Caseyville, Illinois, and to States Government, the Community Man- December 4, 2010: terminate associated contractual arrange- agement Account, and the Central Intel- H.J. Res. 101. A joint resolution making ments with the Village. ligence Agency Retirement and Disability further continuing appropriations for fiscal H.R. 2097. An Act to require the Secretary System, and for other purposes. year 2011, and for other purposes. of the Treasury to mint coins in commemo- October 8, 2010: December 8, 2010: ration of the bicentennial of the writing of H.R. 714. An Act to authorize the Secretary H.R. 4783. An Act to accelerate the income the Star-Spangled Banner, and for other pur- of the Interior to lease certain lands in Vir- tax benefits for charitable cash contribu- poses. gin Islands National Park, and for other pur- tions for the relief of victims of the earth- H.R. 3509. An Act to reauthorize State agri- poses. quake in Chile, and to extend the period cultural mediation programs under title V of H.R. 1177. An Act to require the Secretary from which such contributions for the relief the Agricultural Credit Act of 1987. of the Treasury to mint coins in recognition of victims of the earthquake in Haiti may be H.R. 4275. An Act to designate the annex of five United States Army 5–Star Generals, accelerated. building under construction for the Elbert P. George Marshall, Douglas MacArthur, December 9, 2010: Tuttle United States Court of Appeals Build- Dwight Eisenhower, Henry ‘Hap’ Arnold, and H.R. 1722. An Act to require the head of ing in Atlanta, Georgia, as the ‘‘John C. Omar Bradley, alumni of the United States each executive agency to establish and im- Godbold Federal Building’’. Army Command and General Staff College, plement a policy under which employees H.R. 5278. An Act to designate the facility Fort Leavenworth, Kansas, to coincide with shall be authorized to telework, and for of the United States Postal Service located the celebration of the 132nd Anniversary of other purposes. at 405 West Second Street in Dixon, Illinois, the founding of the United States Army H.R. 5283. An Act to provide for adjustment as the ‘‘President Ronald W. Reagan Post Of- Command and General Staff College. of status for certain Haitian orphans paroled fice Building’’. October 12, 2010: into the United States after the earthquake H.R. 5395. An Act to designate the facility H.R. 2923. An Act to enhance the ability to of January 12, 2010. of the United States Postal Service located combat methamphetamine. H.R. 5566. An Act to amend title 18, United at 151 North Maitland Avenue in Maitland, H.R. 3553. An Act to exclude from consider- States Code, to prohibit interstate com- Florida, as the ‘‘Paula Hawkins Post Office ation as income under the Native American merce in animal crush videos, and for other Building’’. Housing Assistance and Self-Determination purposes. H.R. 5552. An Act to amend the Internal Act of 1996 amounts received by a family December 14, 2010: Revenue Code of 1986 to require that the pay- from the Department of Veterans Affairs for H.R. 4387. An Act to designate the Federal ment of the manufacturers’ excise tax on service-related disabilities of a member of building located at 100 North Palafox Street recreational equipment be paid quarterly the family. in Pensacola, Florida, as the ‘‘Winston E. and to provide for the assessment by the Sec- H.R. 3689. An Act to provide for an exten- Arnow Federal Building’’. retary of the Treasury of certain criminal sion of the legislative authority of the Viet- H.R. 5651. An Act to designate the Federal restitution. nam Veterans Memorial Fund, Inc. to estab- building and United States courthouse lo- September 27, 2010: lish a Vietnam Veterans Memorial visitor cated at 515 9th Street in Rapid City, South H.R. 5297. An Act to create the Small Busi- center, and for other purposes. Dakota, as the ‘‘Andrew W. Bogue Federal ness Lending Fund Program to direct the H.R. 3980. An Act to provide for identifying Building and United States Courthouse’’. Secretary of the Treasury to make capital and eliminating redundant reporting re- H.R. 5706. An Act to designate the building investments in eligible institutions in order quirements and developing meaningful per- occupied by the Government Printing Office

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23614 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 located at 31451 East United Avenue in Pueb- Protection Agency and applicable States supplemental funds appropriated following lo, Colorado, as the ‘‘Frank Evans Govern- may require permits for discharges from cer- disasters occurring in 2008. ment Printing Office Building’’. tain vessels. November 30, 2010: H.R. 5758. An Act to designate the facility August 3, 2010: S. 1376. An Act to restore immunization of the United States Postal Service located S. 1789. An Act to restore fairness to Fed- and sibling age exemptions for children at 2 Government Center in Fall River, Mas- eral cocaine sentencing. adopted by United States citizens under the sachusetts, as the ‘‘Sergeant Robert Barrett August 10, 2010: Hague Convention on Intercountry Adoption Post Office Building’’. S. 1749. An Act to amend title 18, United to allow their admission into the United H.R. 5773. An Act to designate the Federal States Code, to prohibit the possession or States. building located at 6401 Security Boulevard use of cell phones and similar wireless de- S. 3567. An Act to designate the facility of in Baltimore, Maryland, commonly known as vices by Federal prisoners. the United States Postal Service located at the Social Security Administration Oper- September 27, 2010: 100 Broadway in Lynbrook, New York, as the ations Building, as the ‘‘Robert M. Ball Fed- S. 3656. An Act to amend the Agricultural ‘‘Navy Corpsman Jeffrey L. Wiener Post Of- eral Building’’. Marketing Act of 1946 to improve the report- fice Building’’. H.R. 6162. An Act to provide research and ing on sales of livestock and dairy products, S.J. Res. 40. A joint resolution appointing development authority for alternative coin- and for other purposes. the day for the convening of the first session age materials to the Secretary of the Treas- September 30, 2010: of the One Hundred Twelfth Congress. S. 3839. An Act to provide for an additional ury, increase congressional oversight over December 9, 2010: temporary extension of programs under the coin production, and ensure the continuity S. 3689. An Act to clarify, improve, and Small Business Act and the Small Business of certain numismatic items. correct the laws relating to copyrights, and Investment Act of 1958, and for other pur- H.R. 6166. An Act to authorize the produc- for other purposes. poses. tion of palladium bullion coins to provide af- December 13, 2010: October 5, 2010: fordable opportunities for investments in S. 846. An Act to award a congressional S. 3307. An Act to reauthorize child nutri- precious metals, and for other purposes. gold medal to Dr. Muhammad Yunus, in rec- tion programs, and for other purposes. H.R. 6237. An Act to designate the facility ognition of his contributions to the fight December 14, 2010: of the United States Postal Service located against global poverty. S. 1338. An Act to require the accreditation at 1351 2nd Street in Napa, California, as the S. 1055. An Act to grant the congressional of English language training programs, and ‘‘Tom Kongsgaard Post Office Building’’. gold medal, collectively, to the 100th Infan- for other purposes. H.R. 6387. An Act to designate the facility try Battalion and the 442nd Regimental S. 1421. An Act to amend section 42 of title of the United States Postal Service located Combat Team, United States Army, in rec- 18, United States Code, to prohibit the im- at 337 West Clark Street in Eureka, Cali- ognition of their dedicated service during portation and shipment of certain species of fornia, as the ‘‘Sam Sacco Post Office Build- World War II. carp. ing’’. October 8, 2010: S. 3250. An Act to provide for the training December 15, 2010: S. 2868. An Act to provide increased access of Federal building personnel, and for other H.R. 4994. An Act to extend certain expir- to the Federal supply schedules of the Gen- purposes. ing provisions of the Medicare and Medicaid eral Services Administration to the Amer- December 15, 2010: programs, and for other purposes. ican Red Cross, other qualified organiza- S. 2847. An Act to regulate the volume of H.R. 6118. An Act to designate the facility tions, and State and local governments. audio on commercials. of the United States Postal Service located S. 3304. An Act to increase the access of December 18, 2010: at 2 Massachusetts Avenue, NE, in Wash- persons with disabilities to modern commu- S. 3789. An Act to limit access to Social Se- ington, D.C., as the ‘‘Dorothy I. Height Post nications, and for other purposes. curity account numbers. Office’’. S. 3751. An Act to amend the Stem Cell S. 3987. An Act to amend the Fair Credit December 17, 2010: Therapeutic and Research Act of 2005. Reporting Act with respect to the applica- H.R. 4853. An Act to amend the Internal S. 3828. An Act to make technical correc- bility of identity theft guidelines to credi- Revenue Code of 1986 to extend the funding tions in the Twenty-First Century Commu- tors. nications and Video Accessibility Act of 2010 and expenditure authority of the Airport and f Airway Trust Fund, to amend title 49, United and the amendments made by that Act. States Code, to extend authorizations for the S. 3847. An Act to implement certain de- LEAVE OF ABSENCE airport improvement program, and for other fense trade cooperation treaties, and for other purposes. By unanimous consent, leave of ab- purposes. sence was granted to: December 18, 2010: October 11, 2010: H.J. Res. 105. A joint resolution making S. 3729. An Act to authorize the programs Mr. REYES (at the request of Mr. further continuing appropriations for fiscal of the National Aeronautics and Space Ad- HOYER) for December 21 and 22 on ac- year 2011, and for other purposes. ministration for fiscal years 2011 through count of illness. H.R. 2480. An Act to improve the accuracy 2013, and for other purposes. Mr. POE of Texas (at the request of October 12, 2010: of fur product labeling, and for other pur- Mr. BOEHNER) for today after 4 p.m. on poses. S. 1132. An Act to amend title 18, United States Code, to improve the provisions relat- account of personal reasons. H.R. 3237. An Act to enact certain laws re- Mr. PASTOR of Arizona (at the re- lating to national and commercial space pro- ing to the carrying of concealed weapons by quest of Mr. HOYER) for today. grams as title 51, United States Code, ‘‘Na- law enforcement officers, and for other pur- tional and Commercial Space Programs’’. poses. Ms. EDDIE BERNICE JOHNSON of Texas S. 3397. An Act to amend the Controlled H.R. 6184. An Act to amend the Water Re- (at the request of Mr. HOYER) for today Substances Act to provide for take-back dis- sources Development Act of 2000 to extend and the balance of the week. posal of controlled substances in certain in- and modify the program allowing the Sec- Mr. GENE GREEN of Texas (at the re- stances, and for other purposes. retary of the Army to accept and expend October 15, 2010: quest of Mr. HOYER) for today. funds contributed by non-Federal public en- S. 1510. An Act to transfer statutory enti- Mr. DAVIS of Illinois (at the request tities to expedite the evaluation of permits, tlements to pay and hours of work author- of Mr. HOYER) for today. and for other purposes. ized by laws codified in the District of Co- Mr. YOUNG of Florida (at the request H.R. 6399. An Act to improve certain ad- lumbia Official Code for current members of ministrative operations of the Office of the of Mr. BOEHNER) for today on account the United States Secret Service Uniformed of family illness. Architect of the Capitol, and for other pur- Division from such laws to the United States Ms. GINNY BROWN-WAITE of Florida poses. Code, and for other purposes. f S. 3196. An Act to amend the Presidential (at the request of Mr. BOEHNER) for De- Transition Act of 1963 to provide that certain cember 21 and the balance of the week SENATE BILLS APPROVED BY THE transition services shall be available to eligi- on account of family medical reasons. PRESIDENT ble candidates before the general election. f The President notified the Clerk of October 18, 2010: the House that on the following dates S. 3802. An Act to designate a mountain ENROLLED BILLS SIGNED he had approved and signed bills of the and icefield in the State of Alaska as the Lorraine C. Miller, Clerk of the ‘‘Mount Stevens’’ and ‘‘Ted Stevens House, reported and found truly en- Senate of the following titles: Icefield’’, respectively. July 30, 2010: November 24, 2010: rolled bills of the House of the fol- S. 3372. An Act to modify the date on which S. 3774. An Act to extend the deadline for lowing titles, which were thereupon the Administrator of the Environmental Social Services Block Grant expenditures of signed by the Speaker:

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23615 H.R. 4445. An act to amend Public Law 95– Border Protection, to require U.S. Customs penditure authority of the Airport and Air- 232 to repeal a restriction on treating as In- and Border Protection to initiate all periodic way Trust Fund, to amend title 49, United dian country certain lands held in trust for background reinvestigations of certain law States Code, to extend the airport improve- Indian pueblos in New Mexico. enforcement personnel, and for other pur- ment program, and for other purposes. H.R. 5116. An act to invest in innovation poses. H.R. 3082. Making appropriations for mili- through research and development, to im- S. 3592. An act to designate the facility of tary construction, the Department of Vet- prove the competitiveness of the United the United States Postal Service located at erans Affairs, and related agencies for the States, and for other purposes. 100 Commerce Drive in Tyrone, Georgia, as fiscal year ending September 30, 2010, and for H.R. 5470. An act to exclude an external the ‘‘First Lieutenant Robert Wilson Collins other purposes. power supply for certain security or life safe- Post Office Building’’. ty alarms and surveillance system compo- f nents from the application of certain energy f efficiency standards under the Energy Policy BILLS PRESENTED TO THE SINE DIE ADJOURNMENT and Conservation Act. PRESIDENT H.R. 6398. An act to require the Federal De- Mr. MCDERMOTT. Madam Speaker, posit Insurance Corporation to fully insure Lorraine C. Miller, Clerk of the pursuant to House Concurrent Resolu- Interest on Lawyers Trust Accounts. House reports that on December 21, tion 336, 111th Congress, I move that f 2010 she presented to the President of the House do now adjourn. the United States, for his approval, the SENATE ENROLLED BILL SIGNED The motion was agreed to. following bills. The SPEAKER pro tempore. In ac- The Speaker announced her signa- H.R. 2965. To amend the Small Business ture to enrolled bills of the Senate of cordance with House Concurrent Reso- Act with respect to the Small Business Inno- lution 336, 111th Congress, the Chair de- the following titles: vation Research Program and the Small S. 3243. An act to require U.S. Customs and Business Technology Transfer Program, and clares the Second Session of the 111th Border Protection to administer polygraph for other purposes. Congress adjourned sine die. examinations to all applicants for law en- H.R. 6473. To amend the Internal Revenue Accordingly (at 6 p.m.), the House ad- forcement positions with U.S. Customsh and Code of 1986 to extend the funding and ex- journed. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Speaker-Authorized Official Travel during the second, third, and fourth quarters of 2010 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO POLAND FOR THE FALL MEETING OF THE NATO PARLIAMENTARY ASSEMBLY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 11 AND NOV. 15, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Mike Ross ...... 11/11 11/15 Poland ...... 834.81 ...... (3) ...... 834.81 Hon. Jo Ann Emerson ...... 11/11 11/15 Poland ...... 834.81 ...... (3) ...... 834.81 Hon. Tim Holden ...... 11/11 11 /15 Poland ...... 834.81 ...... (3) ...... 834.81 Hon. David Scott ...... 11 /11 11/15 Poland ...... 834.81 ...... (3) ...... 834.81 Kathy Becker ...... 11 /11 11 /15 Poland ...... 834.81 ...... (3) ...... 834.81 David Fite ...... 11 /11 11 /15 Poland ...... 834.81 ...... (3) ...... 834.81 Riley Moore ...... 11/11 11/15 Poland ...... 834.81 ...... (3) ...... 834.81 Janice Robinson ...... 11 /11 11 /15 Poland ...... 834.81 ...... (3) ...... 834.81 Delegation Expenses: Representational Funds ...... 1,992.03 ...... 1,992.03 Miscellaneous ...... Committee total ...... 6,678.48 ...... 1,992.03 ...... 6,670.51 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. JOHN S. TANNER, Chairman, Dec. 2, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Mike Quigley ...... 7/01 7/05 Poland ...... 1,111.30 ...... CODEL Quigley Expenses ...... 325.50 ...... 1,436.80 Tom Jawetz ...... 7/04 7/12 Malaysia & Cambodia ...... 1,484.00 ...... 11,653.30 ...... 13,137.30 Hon. Louie Gohmert ...... 7/29 8/03 Europe ...... 1,092.00 ...... Asia ...... 889.00 ...... 1,981.00 Hon. Steve King ...... 7/29 8/03 Europe ...... 1,092.00 ...... Asia ...... 889.00 ...... 1,981.00 David Shahoulian ...... 8/06 8/16 India & Thailand ...... 2,790.00 ...... 10,132.50 ...... 12,922.50 Danielle Brown ...... 8/06 8/16 India & Thailand ...... 2,790.00 ...... 10,132.50 ...... 12,922.50 Traci Hong ...... 8/06 8/16 India & Thailand ...... 2,790.00 ...... 10,132.50 ...... 12,922.50 Ron LeGrand ...... 8 /06 8 /16 India & Thailand ...... 2,790.00 ...... 10,132.50 ...... 12,922.50 Kimani Little ...... 8 /06 8 /16 India & Thailand ...... 2,790.00 ...... 10,132.50 ...... 12,922.50 CODEL Shahoulian Expenses ...... 2,773.30 ...... 2,773.30 Hon. Hank Johnson ...... 8 /28 9 /03 China ...... 2,473.00 ...... 14,026.20 ...... 16,499.20 Hon. Jerrold Nadler ...... 8/28 9/03 China ...... 2,473.00 ...... 10,176.30 ...... 12,649.30 Hon. F. James Sensenbrenner ...... 8/28 9/03 China ...... 1,972.00 ...... 13,172.80 ...... 15,144.80 Christal Sheppard ...... 8/28 9/03 China ...... 2,113.00 ...... 13,776.70 ...... 15,889.70 Eric Garduno ...... 8/28 9/03 China ...... 2,113.00 ...... 14,201.20 ...... 16,314.20 David Whitney ...... 8/28 9/03 China ...... 2,077.00 ...... 10,841.40 ...... 12,918.40 CODEL Johnson Expenses—In Country ...... 8/28 9/03 China ...... 17,538.89 ...... 17,538.89 Hon. Steve Cohen ...... 8/30 9/01 Serbia ...... 712.00 ...... 9/01 9/03 Montenegro ...... 762.00 ...... 9/03 9/06 Croatia ...... 1,332.20 ...... 2,806.20

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00045 Fmt 0688 Sfmt 8634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23616 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Commitee total ...... 195,682.50 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. JOHN CONYERS, Jr., Chairman, Dec. 10, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, SELECT COMMITTEE ON ENERGY INDEPENDENCE AND GLOBAL WARMING, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Danielle Baussan ...... 8/05 8/16 Japan/Malaysia ...... 3,921.00 ...... 5,833.50 ...... 9,754.50 Barton Forsyth ...... 8/05 8/26 Japan/Malaysia ...... 5,811.00 ...... 8,432.50 ...... 14,243.50 Thomas Schreibel ...... 8/05 8/11 Japan/Malaysia ...... 2,976.00 ...... 3,954.50 ...... 6,930.50 Harlan Watson ...... 8/01 8/07 Germany ...... 2,310.00 ...... 1,688.70 ...... 3,998.70 Committee total ...... 34,927.20 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. SARAH E. BUTLER, Dec. 3, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, SELECT COMMITTEE ON ENERGY INDEPENDENCE AND GLOBAL WARMING, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Barton Forsyth ...... 12/07 12 /11 Mexico ...... 1,470.00 ...... 809.22 ...... 2,279.22 Michael Goo ...... 12/08 12/11 Mexico ...... 1,176.00 ...... 1,158.72 ...... 2,334.72 Thomas Schreibel ...... 12/05 12 /11 Mexico ...... 2,058.00 ...... 1,470.63 ...... 3,528.63 Committee total ...... 8,142.57 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. SARAH E. BUTLER.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. SANDER M. LEVIN, Chairman, Dec. 3, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. SANDER M. LEVIN, Chairman, Dec. 3, 2010.

EXECUTIVE COMMUNICATIONS, final rule — Gypsy Moth Generally Infested cy’s final rule — Imazosulfuron; Pesticide ETC. Areas; Illinois, Indiana, Maine, Ohio, and Tolerances [EPA-HQ-OPP-2009-0205; FLR- Virgina [Docket No.: APHIS-2008-0083] re- 8857-4] received December 21, 2010, pursuant Under clause 2 of rule XIV, executive ceived December 22, 2010, pursuant to 5 to 5 U.S.C. 801(a)(1)(A); to the Committee on communications were taken from the U.S.C. 801(a)(1)(A); to the Committee on Ag- Agriculture. Speaker’s table and referred as follows: riculture. 11188. A letter from the Under Secretary, 11186. A letter from the Acting Congres- 11187. A letter from the Director, Regu- Personnel & Readiness Under Secretary, Pol- sional Review Coordinator, Department of latory Management Division, Environmental icy, Department of Defense, transmitting the Agriculture, transmitting the Department’s Protection Agency, transmitting the Agen- Department’s report ‘‘The Power of People:

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23617 Building an Intergrated National Security AK39) received December 22, 2010, pursuant Public Law 110-181, section 1229; to the Com- Professional System for the 21st Century’’; to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Foreign Affairs. to the Committee on Armed Services. Energy and Commerce. 11208. A letter from the Deputy Director, 11189. A letter from the Under Secretary, 11200. A letter from the Director, Regu- Defense Security Cooperation Agency, trans- Department of Defense, transmitting a letter latory Management Division, Environmental mitting Transmittal No. 10-66, pursuant to on the approved retirement of Lieutenant Protection Agency, transmitting the Agen- the reporting requirements of Section General Frank G. Klotz, United States Air cy’s final rule — Approval and Promulgation 36(b)(1) of the Arms Export Control Act, as Force, and his advancement on the retired of Implementation Plans; Texas; Emissions amended; to the Committee on Foreign Af- list in the grade of lieutenant general; to the Banking and Trading of Allowances Program fairs. Committee on Armed Services. [EPA-R06-OAR-2005-TX-0012; FRL-9243-1] re- 11209. A letter from the Director, Defense 11190. A letter from the Under Secretary, ceived December 21, 2010, pursuant to 5 Security Cooperation Agency, transmitting Department of Defense, transmitting notifi- U.S.C. 801(a)(1)(A); to the Committee on En- Transmittal No. 10-76, pursuant to the re- cation of the Army’s determination that re- ergy and Commerce. porting requirements of Section 36(b)(1) of portable increases have occurred in the Pro- 11201. A letter from the Director, Regu- the Arms Export Control Act, as amended; to gram Acquisition Unit Cost (PAUC) for the latory Management Division, Environmental the Committee on Foreign Affairs. Chemical Demilitarization-Assembled Chem- Protection Agency, transmitting the Agen- 11210. A letter from the Deputy Director, ical Weapons Alternative (ACWA) Program, cy’s final rule — Approval and Promulgation Defense Security Cooperation Agency, trans- pursuant to 10 U.S.C. 2433(e)(1); to the Com- of Air Quality Implementation Plans; Min- mitting Transmittal No. 10-62, pursuant to mittee on Armed Services. nesota; Sulfur Dioxide SIP Revision for Mar- the reporting requirements of Section 11191. A letter from the Federal Register athon Petroleum St. Park [EPA-R05-OAR- 36(b)(1) of the Arms Export Control Act, as Certifying Officer, Department of the Treas- 2009-0808; FRL-9243-3] received December 21, amended; to the Committee on Foreign Af- ury, transmitting the Department’s final 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the fairs. rule — Management of Federal Agency Dis- Committee on Energy and Commerce. 11211. A letter from the Acting Director, bursements (RIN: 1510-AB26) received Decem- 11202. A letter from the Director, Regu- Defense Security Cooperation Agency, trans- ber 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); latory Management Division, Environmental mitting a notice of proposed lease with the to the Committee on Financial Services. Protection Agency, transmitting the Agen- Government of Iraq (Transmittal No. 07-10) 11192. A letter from the Federal Register cy’s final rule — Approval and Promulgation pursuant to Section 62(a) of the Arms Export Certifying Officer, Department of the Treas- of Air Quality Implementation Plans; Control Act; to the Committee on Foreign ury, transmitting the Department’s final Virgina; Amendments to Ambient Air Qual- Affairs. rule — Federal Government Participation in ity Standards for Particulate Matter [EPA- 11212. A letter from the Acting Director, the Automated Clearing House (RIN: 1510- R03-OAR-2008-0073; FRL-9243-5] received De- Defense Security Cooperation Agency, trans- AB24 ) received December 22, 2010, pursuant cember 21, 2010, pursuant to 5 U.S.C. mitting a notice of proposed lease with the to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Energy and Government of Iraq (Transmittal No. 08-10) Financial Services. Commerce. pursuant to Section 62(a) of the Arms Export 11193. A letter from the Chairman and 11203. A letter from the Director, Regu- Control Act; to the Committee on Foreign President, Export-Import Bank, transmit- latory Management Division, Environmental Affairs. ting a report on transactions involving U.S. Protection Agency, transmitting the Agen- 11213. A letter from the Deputy Director, exports to South Korea pursuant to Section cy’s final rule — Approval and Promulgation Defense Security Cooperation Agency, trans- 2(b)(3) of the Export-Import Bank Act of 1945, of Air Quality Implementation Plans; Penn- mitting corrected letters, pursuant to the re- as amended; to the Committee on Financial sylvania; Allegheny County’s Adoption of porting requirements of Section 36(b)(1) of Services. Control Techniques Guidelines for Large Ap- the Arms Export Control Act, as amended; to 11194. A letter from the Chairman and pliance and Metal Furniture; Flat Wood Pan- the Committee on Foreign Affairs. President, Export-Import Bank, transmit- eling; Paper, Film, and Foil Surface Coating 11214. A letter from the Assistant Sec- ting a report on transactions involving U.S. Processes; and Revisions to Definitions and retary, Legislative Affairs, Department of exports to Colombia pursuant to Section an Existing Regulation [EPA-R03-OAR-2010- State, transmitting the Department’s final 2(b)(3) of the Export-Import Bank Act of 1945, 0857; FRL-9243-6] received December 21, 2010, rule — Amendment to the International as amended; to the Committee on Financial pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Traffic in Arms Regulations: Revision of Services. mittee on Energy and Commerce. U.S. Munitions List Category VII (RIN: 1400- 11195. A letter from the Chairman and 11204. A letter from the Director, Regu- AC77) received December 22, 2010, pursuant President, Export-Import Bank, transmit- latory Management Divison, Environmental to 5 U.S.C. 801(a)(1)(A); to the Committee on ting a report on transactions involving U.S. Protection Agency, transmitting the Agen- Foreign Affairs. exports to Kingdom of the Netherlands, pur- cy’s final rule — Interim Final Regulation 11215. A letter from the Secretary, Depart- suant to Section 2(b)(3) of the Export-Import Deferring the Reporting Date for Certain ment of the Treasury, transmitting as re- Bank Act of 1945, as amended; to the Com- Data Elements Required Under the Manda- quired by section 401(c) of the National mittee on Financial Services. tory Reporting of Greenhouse Gases Rule Emergencies Act, 50 U.S.C. 1641(c), and sec- 11196. A letter from the Secretary, Federal [EPA-HQ-OAR-2010-0929; FRL 9242-7] received tion 204(c) of the International Emergency Trade Commission, transmitting the Com- December 21, 2010, pursuant to 5 U.S.C. Economic Powers Act, 50 U.S.C. 1703(c), and mission’s final rule — Administrative Wage 801(a)(1)(A); to the Committee on Energy and pursuant to Executive Order 13313 of July 31, Garnishment received December 22, 2010, pur- Commerce. 2003, a six-month periodic report on the na- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 11205. A letter from the Director, Regu- tional emergency with respect to the risk of mittee on Financial Services. latory Management Division, Environmental nuclear proliferation created by the accumu- 11197. A letter from the Secretary, Securi- Protection Agency, transmitting the Agen- lation of weapons-usable fissile material in ties and Exchange Commission, transmitting cy’s final rule — Approval and Promulgation the territory of the Russian Federation that the Commission’s final rule — Extension of of Air Quality Implementation Plans; West was declared in Executive Order 13159 of Filing Accommodation for Static Pool Infor- Virginia; Update to Materials Incorporated June 21, 2000; to the Committee on Foreign mation In Filings with Respect to Asset- By Reference [WV103-6041; FRL-9240-1] re- Affairs. Backed Securities [Release No. 33-9165; File ceived December 21, 2010, pursuant to 5 11216. A letter from the Secretary, Depart- No. S7-18-10] (RIN: 3235-AK70) received De- U.S.C. 801(a)(1)(A); to the Committee on En- ment of the Treasury, transmitting as re- cember 22, 2010, pursuant to 5 U.S.C. ergy and Commerce. quired by section 401(c) of the National 801(a)(1)(A); to the Committee on Financial 11206. A letter from the Director, Regu- Emergencies Act, 50 U.S.C. 1641(c), and sec- Services. latory Management Division, Environmental tion 204(c) of the International Emergency 11198. A letter from the Secretary, Depart- Protection Agency, transmitting the Agen- Economic Powers Act, 50 U.S.C. 1703(c), a ment of Health and Human Services, trans- cy’s final rule — National Emission Stand- six-month periodic report on the national mitting a report on the Status and Condition ards for Hazardous Air Pollutants: Gold Mine emergency with respect to terrorists who of Head Start Facilities used by the Amer- Ore Processing and Production Area Source threaten to disrupt the Middle East peace ican Indian and Alaska Native Programs, as Category; and Addition to Source Category process that was declared in Executive Order required by Section 650(b) of the Head Start List for Standards [EPA-HQ-OAR-2010-0239; 12947 of July 23, 1995; to the Committee on Act; to the Committee on Education and FRL-9242-3] (RIN: 2060-AP48) received Decem- Foreign Affairs. Labor. ber 21, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); 11217. A letter from the Administrator, Na- 11199. A letter from the Program Analyst, to the Committee on Energy and Commerce. tional Nuclear Security Administration, De- Department of Transportation, transmitting 11207. A letter from the Special Inspector partment of Energy, transmitting a letter in the Department’s final rule — Federal Motor General for Afghanistan Reconstruction, response to the GAO report GAO-10-251; to Vehicle Safety Standards; Head Restraints transmitting the ninth quarterly report on the Committee on Oversight and Govern- [Docket No.: NHTSA-2010-0148] (RIN: 2127- the Afghanistan reconstruction, pursuant to ment Reform.

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23618 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 December 22, 2010 11218. A letter from the Assistant Sec- Airplanes [Docket No.: FAA-2009-1067; Direc- coe, LA, and R-6320 Matagorda, TX [Docket retary, Legislative Affairs, Department of torate Identifier 2009-NM-071-AD; Amend- No.: FAA-2010-1014; Airspace Docket No.: 10- State, transmitting the Department’s Agen- ment 39-16516; AD 2010-23-26] (RIN: 2120-AA64) ASW-14] (RIN: 2120-AA66) received December cy Financial Report for Fiscial Year 2010; to received December 22, 2010, pursuant to 5 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Oversight and Govern- U.S.C. 801(a)(1)(A); to the Committee on the Committee on Transportation and Infra- ment Reform. Transportation and Infrastructure. structure. 11219. A letter from the Secretary, Depart- 11229. A letter from the Senior Program 11237. A letter from the Ombudsman, De- ment of the Treasury, transmitting FY 2010 Analyst, Department of Transportation, partment of Transportation, transmitting Treasury Agency Financial Report; to the transmitting the Department’s final rule — the Department’s final rule — Brokers of Committee on Oversight and Government Airworthiness Directives; CENTRAIR Models Household Goods Transportation by Motor Reform. 101, 101A, 101P, and 101AP Gliders [Docket Vehicle [Docket No.: FMCSA-2004-17008] 11220. A letter from the Chairman, Federal No.: FAA-2010-0735 Directorate Identifier (RIN: 2126-AA84) received December 22, 2010, Trade Commission, transmitting the semi- 2010-CE-030-AD; Amendment 39-16529; AD pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- annual report on the activities of the Office 2010-24-10] (RIN: 2120-AA64) received Decem- mittee on Transportation and Infrastruc- of Inspector General for the period from ber 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); ture. April 1, 2010 through September 30, 2010, pur- to the Committee on Transportation and In- 11238. A letter from the Senior Program suant to 5 U.S.C. app. (Insp. Gen. Act), sec- frastructure. Analyst, Department of Transportation, tion 5(b); to the Committee on Oversight and 11230. A letter from the Senior Program transmitting the Department’s final rule — Government Reform. Analyst, Department of Transportation, Modification of Class B Airspace; Charlotte, 11221. A letter from the Assistant Attorney transmitting the Department’s final rule — NC [Docket No.: FAA-2010-0049; Airspace General, Department of Justice, transmit- Airworthiness Directives; The Boeing Com- Docket No. 08-AWA-1] (RIN: 2010-AA66) re- ting the annual report entitled, ‘‘Prioritizing pany Model 737-600, -700, -700C, -800, and -900 ceived December 22, 2010, pursuant to 5 Resources and Organization for Intellectual Series Airplanes [Docket No.: FAA-2007- U.S.C. 801(a)(1)(A); to the Committee on Property Act of 2010’’; to the Committee on 28348; Directorate Identifier 2007-NM-060-AD; Transportation and Infrastructure. the Judiciary. Amendment 39-16530; AD 2010-24-11] (RIN: 11239. A letter from the Program Analyst, 11222. A letter from the Senior Program 2120-AA64) received December 22, 2010, pursu- Department of Transportation, transmitting Analyst, Department of Transportation, ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Department’s final rule — Airworthiness transmitting the Department’s final rule — on Transportation and Infrastructure. Directives; Agusta S.p.A. Model A109E Heli- Revisions to the Civil Penalty Inflation Ad- 11231. A letter from the Senior Program copters [Docket No.: FAA-2010-0449; Direc- justment Tables [Docket No.: FAA-2009-0237; Analyst, Department of Transportation, torate Identifier 2009-SW-38-AD; Amendment Amendment No. 13-35] (RIN: 2120-AJ50) re- transmitting the Department’s final rule — 39-16456; AD 2010-20-21] (RIN: 2120-AA64) re- ceived December 22, 2010, pursuant to 5 Airworthiness Directives; Pratt & Whitney ceived December 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the PW4000 Series Turbofan Engines [Docket U.S.C. 801(a)(1)(A); to the Committee on Judiciary. No.: FAA-2010-0725; Directorate Identifier Transportation and Infrastructure. 11223. A letter from the Secretary, Judicial 2010-NE-18-AD; Amendment 39-16528; AD 2010- 11240. A letter from the Program Analyst, Conference of the United States, transmit- 24-09] (RIN: 2120-AA64) received December 22, Department of Transportation, transmitting ting a letter describing the work on the sec- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule — Airworthiness ond report to Congress on the security of Committee on Transportation and Infra- Directives; Cessna Aircraft Company electronically filled documents to the federal structure. (Cessna) 172, 175, 177, 180, 182, 185, 206, 207, 208, courts; to the Committee on the Judiciary. 11232. A letter from the Senior Program 210, 303, 336, and 337 Series Airplanes [Docket 11224. A letter from the Senior Program Analyst, Department of Transportation, No.: FAA-2008-1328; Directorate Identifier Analyst, Department of Transportation, transmitting the Department’s final rule — 2008-CE-066-AD; Amendment 39-15-776; AD transmitting the Department’s final rule — Airworthiness Directives; Sikorsky Aircraft 208-26-10] (RIN: 2120-AA64) received December Standard Instrument Approach Procedures, Corporation (Sikorsky) Model S-92A Heli- 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to and Takeoff Minimums and Obstacle Depar- copters [Docket No.: FAA-2010-1136; Direc- the Committee on Transportation and Infra- ture Procedures; Miscellaneous Amendments torate Identifier 2010-SW-069-AD; Amend- structure. [Docket No.: 30756; Amdt. No. 3402] received ment 39-16522; AD 2010-24-04] (RIN: 2120-AA64) 11241. A letter from the Program Analyst, December 22, 2010, pursuant to 5 U.S.C. received December 22, 2010, pursuant to 5 Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness tation and Infrastructure. Transportation and Infrastructure. Directives; Various Aircraft Equipped With 11225. A letter from the Senior Program 11233. A letter from the Senior Program Rotax Aircraft Engines 912 A Series Engines Analyst, Department of Transportation, Analyst, Department of Transportation, [Docket No.: FAA-2010-0522; Directorate transmitting the Department’s final rule — transmitting the Department’s final rule — Identifier 2010-CE-022-AD; Amendment 39- Waiver of Acceptable Mission Risk Restric- Standard Instrument Approach Procedures, 16506; AD 2010-23-17] (RIN: 2120-AA64) received tion for Reentry and a Reentry Vehicle re- and Takeoff Minimums and Obstacle Depar- December 22, 2010, pursuant to 5 U.S.C. ceived December 22, 2010, pursuant to 5 ture Procedures; Miscellaneous Amendments 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on [Docket No.: 30755; Amdt. No. 3401] received tation and Infrastructure. Transportation and Infrastructure. December 22, 2010, pursuant to 5 U.S.C. 11242. A letter from the Program Analyst, 11226. A letter from the Senior Program 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting Analyst, Department of Transportation, tation and Infrastructure. the Department’s final rule — Airworthiness transmitting the Department’s final rule — 11234. A letter from the Senior Program Directives; The Boeing Company Model 737- Office of Commercial Space Transportation; Analyst, Department of Transportation, 900ER Series Airplanes [Docket No.: FAA- Waiver of Autonomous Reentry Restriction transmitting the Department’s final rule — 2010-0764; Directorate Identifier 2009-NM-260- for a Reentry Vehicle received December 22, Amendment of Using Agency for Restricted AD; Amendment 39-16519; AD 2010-24-01] (RIN: 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Areas R-4002, R-4005, R-4006 and R-4007; MD 2120-AA64) received December 22, 2010, pursu- Committee on Transportation and Infra- [Docket No.: FAA-2010-1070; Airspace Docket ant to 5 U.S.C. 801(a)(1)(A); to the Committee structure. No. 10-AEA-18] (RIN: 2120-AA66) received De- on Transportation and Infrastructure. 11227. A letter from the Senior Program cember 22, 2010, pursuant to 5 U.S.C. 11243. A letter from the Program Analyst, Analyst, Department of Transportation, 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting transmitting the Department’s final rule — tation and Infrastructure. the Department’s final rule — Airworthiness Standard Instrument Approach Procedures, 11235. A letter from the Senior Program Directives; Robinson Helicopter Company and Takeoff Minimums and Obstacle Depar- Analyst, Department of Transportation, (Robinson) Model R22, R22 Alpha, R22 Beta, ture Procedures; Miscellaneous Amendments transmitting the Department’s final rule — and R22 Mariner Helicopters, and Model R44, [Docket No.: 30757; Amdt. No. 3403] received Standard Instrument Approach Procedures, and R44 II Helicopter [Docket No.: FAA-2010- December 22, 2010, pursuant to 5 U.S.C. and Takeoff Minimums and Obstacle Depar- 0711; Directorate Identifier 2008-SW-25-AD; 801(a)(1)(A); to the Committee on Transpor- ture Procedures; Miscellaneous Amendments Amendment 39-16521; AD 2010-24-03] (RIN: tation and Infrastructure. [Docket No.: 30754; Amdt. No 3400] received 2120-AA64) received December 22, 2010, pursu- 11228. A letter from the Senior Program December 22, 2010, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Analyst, Department of Transportation, 801(a)(1)(A); to the Committee on Transpor- on Transportation and Infrastructure. transmitting the Department’s final rule — tation and Infrastructure. 11244. A letter from the Program Analyst, Airworthiness Directives; Airbus Model A300 11236. A letter from the Senior Program Department of Transportation, transmitting B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4- Analyst, Department of Transportation, the Department’s final rule — Airworthiness 203 Airplanes; and Model A300 B4-601, B4-603, transmitting the Department’s final rule — Directives; Bell Helicopter Textron Canada B4-620, B4-622, B4-605R, B4-622R, and F4-605R Revocation of Restricted Areas R-3807 Glen- Model 222, 222B, 222U, 230, and 430 Helicopters

VerDate Mar 15 2010 12:25 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR10\H22DE0.001 H22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 15 23619 [Docket No.: FAA-2010-1137; Directorate U.S.C. 801(a)(1)(A); to the Committee on PUBLIC BILLS AND RESOLUTIONS Identifier 2010-SW-079-AD; Amendment 39- Transportation and Infrastructure. 16523; AD 2010-19-51] (RIN: 2120-AA64) received 11251. A letter from the Special Inspector Under clause 2 of rule XII, public December 22, 2010, pursuant to 5 U.S.C. General for Iraq Reconstruction, transmit- bills and resolutions of the following 801(a)(1)(A); to the Committee on Transpor- ting the Special Inspector General for Iraq titles were introduced and severally re- tation and Infrastructure. Reconstruction (SIGIR) October 2010 Quar- ferred, as follows: 11245. A letter from the Program Analyst, terly Report; jointly to the Committees on By Mr. FORTENBERRY: Department of Transportation, transmitting Foreign Affairs and Appropriations. H.R. 6570. A bill to amend the Patient Pro- the Department’s final rule — Airworthiness 11252. A letter from the Officer for Civil tection and Affordable Care Act to protect Directives; Dassault-Aviation Model FAL- Rights and Civil Liberties, Department of rights of conscience with regard to require- CON 7X Airplanes [Docket No. FAA-2010-0760; Homeland Security, transmitting the De- ments for coverage of specific items and Directorate Identifier 2010-NM-086-AD; partment’s report for the Office of Civil services; to the Committee on Energy and Amendment 39-16520; AD 2010-24-02] (RIN: Rights and Civil Liberties for the Fiscal Commerce. 2120-AA64) received December 22, 2010, pursu- Year 2009 and the Fourth Quarter of 2009, By Mr. CULBERSON: ant to 5 U.S.C. 801(a)(1)(A); to the Committee pursuant to 6 U.S.C. 345(b); jointly to the H.J. Res. 106. A joint resolution proposing on Transportation and Infrastructure. Committees on the Judiciary and Homeland an amendment to the Constitution of the 11246. A letter from the Program Analyst, Security. United States relating to the use of foreign Department of Transportation, transmitting law as authority in Federal courts; to the the Department’s final rule — Airworthiness f Committee on the Judiciary. Directives; Pratt & Whitney Canada Corp. By Mr. CULBERSON: (P&WC) PW305A and PW305B Turboprop En- DISCHARGE OF COMMITTEE H.J. Res. 107. A joint resolution proposing gines [Docket No.: FAA-2010-0892; Direc- an amendment to the Constitution of the torate Identifier 2010-NE-23-AD; Amendment Pursuant to clause 2 of rule XIII the United States regarding the effect of trea- 39-16524; AD 2010-24-05] (RIN: 2120-AA64) re- following actions were taken by the ties, Executive orders, and agreements with ceived December 22, 2010, pursuant to 5 Speaker: other nations or groups of nations; to the U.S.C. 801(a)(1)(A); to the Committee on The Committees on Education and Labor, Committee on the Judiciary. Transportation and Infrastructure. By Mr. BRADY of Pennsylvania: 11247. A letter from the Program Analyst, Energy and Commerce, and Financial Serv- H. Res. 1783. A resolution making a tech- Department of Transportation, transmitting ices discharged from further consideration. nical correction to a cross-reference in the the Department’s final rule — Airworthiness H.R. 1064 referred to the Committee of the final regulations issued by the Office of Com- Directives; SOCATA Model TBM 700 Air- Whole House on the State of the Union and pliance to implement the Veterans Employ- planes [Docket No.: FAA-2010-0862; Direc- ordered to be printed. ment Opportunities Act of 1998 that apply to torate Identifier 2010-CE-040-AD; Amendment The Committee on Homeland Security dis- the House of Representatives and employees 39-16518; AD 2010-23-28] (RIN: 2120-AA64) re- charged from further consideration. H.R. 1174 of the House of Representatives; to the Com- ceived December 22, 2010, pursuant to 5 referred to the Committee of the Whole mittee on House Administration; considered U.S.C. 801(a)(1)(A); to the Committee on House on the State of the Union and ordered and agreed to. Transportation and Infrastructure. to be printed. 11248. A letter from the Program Analyst, The Committee on Appropriations dis- By Mr. MCDERMOTT: Department of Transportation, transmitting charged from further consideration. H.R. 1425 H. Res. 1784. A resolution appointing a the Department’s final rule — Airworthiness referred to the Committee of the Whole committee to inform the President; consid- Directives; Airbus Model A340-500 and A340- House on the State of the Union and ordered ered and agreed to. 600 Series Airplanes [Docket No.: FAA-2010- to be printed. f 1110; Directorate Identifier 2010-NM-052-AD; The Committees on the Judiciary and Amendment 39-16517; AD 2010-23-27] (RIN: Homeland Security discharged from further ADDITIONAL SPONSORS 2120-AA64) received December 22, 2010, pursu- consideration. H.R. 3376 referred to the Com- Under clause 7 of rule XII, sponsors mittee of the Whole House on the State of ant to 5 U.S.C. 801(a)(1)(A); to the Committee were added to public bills and resolu- on Transportation and Infrastructure. the Union and ordered to be printed. 11249. A letter from the Program Analyst, The Committee on Ways and Means and tions as follows: Department of Transportation, transmitting Agriculture discharged from further consid- H.R. 949: Mr. TOWNS. the Department’s final rule — Airworthiness eration. H.R. 4678 referred to the Committee H.R. 1326: Ms. JACKSON LEE of Texas, Ms. Directives; Sikorsky Aircraft Corporation of the Whole House on the State of the Union NORTON, and Mr. CALVERT. (Sikorsky) Model S-92A Helicopters [Docket and ordered to be printed. H.R. 1549: Ms. BORDALLO. No.: FAA-2010-1136; Directorate Identifier The Committee on Agriculture discharged H.R. 2057: Mr. FATTAH. 2010-SW-069-AD; Amendment 39-16522; AD from further consideration. H.R. 5105 re- H.R. 3924: Mr. BUCHANAN. 2010-24-04] (RIN: 2120-AA64) received Decem- ferred to the Committee of the Whole House H.R. 4690: Ms. BALDWIN. ber 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); on the State of the Union and ordered to be H.R. 5191: Mr. HOLT. to the Committee on Transportation and In- printed. H.R. 5434: Ms. JACKSON LEE of Texas and frastructure. The Committee on Energy and Commerce Mr. INSLEE. 11250. A letter from the Program Analyst, discharged from further consideration. H.R. H.R. 5543: Mr. TOWNS. Department of Transportation, transmitting 5498 referred to the Committee of the Whole H.R. 5561: Mr. COHEN. the Department’s final rule — Airworthiness House on the State of the Union and ordered H.R. 6194: Ms. MOORE of Wisconsin and Ms. Directives; Eurocopter France (ECF) Model to be printed. NORTON. SA330F, G, and J; and AS332C, L, L1, and L2 The Committee on Energy and Commerce H.R. 6556: Mr. FRANK of Massachusetts. Helicopters [Docket No.: FAA-2010-0670; Di- discharged from further consideration. H.R. H. Con. Res. 331: Mr. BERMAN. rectorate Identifier 2009-SW-42-AD; Amend- 6116 referred to the Committee of the Whole H. Res. 130: Mr. DICKS. ment 39-16513; AD 2010-23-33] (RIN: 2120-AA64) House on the State of the Union and ordered H. Res. 1431: Ms. LINDA T. SA´ NCHEZ of Cali- received December 22, 2010, pursuant to 5 to be printed. fornia.

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IN HONOR OF STEPHEN J. ROSS rifice while defending our country in Operation PERSONAL EXPLANATION Enduring Freedom. Sadly, he is the youngest HON. JIM GERLACH service member from my district to lose his life HON. DEAN HELLER OF PENNSYLVANIA in Afghanistan. There are no words that can OF NEVADA IN THE HOUSE OF REPRESENTATIVES fill the far reaching potential of this young IN THE HOUSE OF REPRESENTATIVES man. However, I have no doubt he touched Wednesday, December 22, 2010 Wednesday, December 22, 2010 many lives during his very short time on Earth Mr. GERLACH. Madam Speaker, I rise and his life will continue through them. Mr. HELLER. Madam Speaker, on rollcall today to honor Stephen ‘‘Steve’’ J. Ross for No. 659, I was unavoidably detained. Had I Conrado attended Seaside High School and his more than 40 years of faithful service to been present, I would have voted ‘‘no.’’ was a member of the school’s Junior Reserve communities in southeastern Pennsylvania. Officer Training Corps. It is evident he was f During the last two years, the residents, dedicated to serving his country and pos- businesses and all taxpayers of West Pikeland TRIBUTE TO FERRARO MEDICAL sessed the strengths of a leader. Some may Township, Chester County have benefitted im- ASSOCIATES, P.A. say his strongest value was being a loyal measurably from Steve’s breadth of experi- friend, who put others before him. ence and tremendous leadership as Township HON. BILL PASCRELL, JR. Manager. Madam Speaker, I rise today and ask for OF NEW JERSEY Prior to taking the helm in West Pikeland, my colleagues to join me in honoring the life IN THE HOUSE OF REPRESENTATIVES Steve had a distinguished career spanning of Conrado Javier Jr. I extend the sincere con- Wednesday, December 22, 2010 nearly 30 years as Township Manager in West dolences of the House to his mother, Julia Whiteland Township, Chester County. He has Dominga Javier Diaz; his father, Conrado Mr. PASCRELL. Madam Speaker, I would been an outstanding steward of public fi- Javier; and the seven siblings he leaves be- like to call to your attenion the work of an out- nances and played a critical role in helping a hind. Private Javier, we salute you! standing medical practice Ferraro Medical As- region experiencing phenomenal growth pro- sociates, P.A., which is celebrating its 65th tect its open space and natural resources, en- f Anniversary of dedicated service to its pa- hance its recreational opportunities, and im- tients, and by extension, the greater commu- prove its infrastructure. KAY EHALT nity. It is only fitting that Ferraro Medical Asso- The West Pikeland Township Board of Su- ciates, and its late founder Dr. Stephen P. pervisors will recognize Steve for his exem- Ferraro, be honored in this permanent record plary efforts on December 28, 2010. HON. ED PERLMUTTER of the greatest democracy ever known, for the comfort and care that it has provided to so Madam Speaker, I ask that my colleagues OF COLORADO join me today in honoring Stephen J. Ross for many Paterson families. his extraordinary commitment to public service IN THE HOUSE OF REPRESENTATIVES Dr. Stephen P. Ferraro was born in 1920 in and dedication to making southeastern Penn- Paterson, NJ to Angelo and Natalizia who Wednesday, December 22, 2010 sylvania a great place to live, work and raise emigrated from Sicily to the United States. They had four children, two of whom died un- a family. Mr. PERLMUTTER. Madam Speaker, I rise timely deaths leaving Stephen and Joseph. f today to honor and applaud Kay Ehalt for her Stephen’s parents ingrained in their sons the outstanding service to our community. IN HONOR OF PRIVATE FIRST importance of education, and became suc- CLASS CONRADO JAVIER JR. Kay Ehalt has made a life of caring for oth- cessful themselves, owning multiple properties ers. She has raised two sons and a daughter. in Paterson. HON. SAM FARR She puts her heart and soul into creating gift Dr. Ferraro attended School No. 15 and baskets that are creative and unique and adds OF CALIFORNIA graduated Eastside High School in 1937. In the personal touch to make each recipient feel IN THE HOUSE OF REPRESENTATIVES high school he was very athletic but music in- cherished. trigued him most and he played the violin for Wednesday, December 22, 2010 Kay has been involved with the Kiwanis for the Eastside orchestra. After graduation he Mr. FARR. Madam Speaker, I rise today to many years and travels annually with the Chil- earned a bachelor’s degree from Notre Dame honor the life of a young, brave soldier who dren’s Hospital Jungle Mobile. The Jungle Mo- University in 1941. Stephen developed a pas- was killed in Afghanistan on Sunday, Decem- bile is an ambulance converted into a safety sion for medicine and flying which lasted a ber 19, 2010. Private First Class Conrado education classroom on wheels. It travels to lifetime. Javier Jr. of Marina, California was only nine- rural areas to teach kids about fire safety, In 1946 Dr. Ferraro obtained his degree of teen years old. It is with a heavy heart that I water safety and how to call 911. Doctor of Medicine from Georgetown Univer- wish to offer my sincere condolences to the sity Medical School. He graduated in the top family of Conrado Javier Jr. In addition, Kay is an avid supporter of the of his class. He returned to Paterson to pur- Private First Class Conrado Javier Jr. Jefferson Foundation’s Crystal Ball. Volun- sue his career. He did a rotating internship at served in the United States Army and was as- teering her time for the event and donating St. Joseph’s Hospital and Medical Center in signed to the 3rd Squadron, 2nd Stryker Cav- items for the silent auction. Whenever an or- Paterson. In 1947 he was certified and passed alry Regiment based in Vilseck, Germany. He ganization needs something for auctions, fund- the State of New Jersey Board as Doctor in was serving a tour in Afghanistan supporting raisers or decorations, Kay is always offering Medicine and Surgery. Dr. Ferraro then de- Operation Enduring Freedom. On Sunday, De- her services or her baskets without being cided to join the United States Air Force Uni- cember 19, 2010, in the Kandahar province of asked. versity School of Medicine in Randolf, Texas Afghanistan, the vehicle he driving in struck an I extend my deepest congratulations to Kay and became a USAF Flight Surgeon, spending improvised explosive device. Pfc. Javier was Ehalt for her well deserved recognition by the three years in Okinawa. In the Air Force he unable to recover from his wounds sustained West Chamber serving Jefferson County. I saw many in great need and he was deter- in the deadly explosion. have no doubt she will exhibit the same dedi- mined to always be a ‘‘people doctor’’ and Conrado Javier Jr. is the fifth service mem- cation and character in all her future accom- provide his service where the need was great- ber from my district to pay the ultimate sac- plishments. est.

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 23621 By 1950, when he returned from spending surgeon in Redding, California, Angelo Fer- Obtained $564,000 from the American Re- four years at Boston City Hospital, becoming raro, M.D., a cardiologist, Spokane, Wash- covery and Reinvestment Act for improvement Chief Surgical Resident, he had met a nurse ington, Lucia Ferraro, M.D., an anesthesiol- projects at Greenwood Lake. named Betty. He went to Columbia Pres- ogist and Critical Care, Sherman Oaks, Cali- Obtained $394,000 in federal funding to re- byterian Hospital and became Chief Surgical fornia, Natalia Ferraro is a homemaker and place the Hambletonian Water Main in Go- Resident from 1954–1956. Betty followed him professional photographer and Barbara shen which improved water quality and saved and worked alongside him as his operating Tabano is a homemaker and operates a family property tax dollars. room nurse. They later married at St. Anthony business, The Sock Company, with her hus- Obtained $245,600 in federal funds for the Church in Paterson and had six children— band Jim. Hudson Valley Agricultural Viability Program Stephen Jr., Natalie, Angelo, Lisa, Lucia and The job of a United States Congressman in- that will create jobs and attract private invest- Barbara. volves much that is rewarding, yet nothing ment in local farms. Dr. Ferraro never forgot the city he came compares to recognizing the efforts of wonder- Obtained $110,000 for the Port Jervis Police from. In 1957 he became attending surgeon of ful people in my District. Madam Speaker, I Department to upgrade their outdated commu- St. Joseph’s Hospital & Medical Center in ask that you join all of the patients and friends nications system. Paterson. He soon decided to open his own of the Ferraro family, all those who have been Obtained $160,000 in federal funding for the practice at 414 Broadway. Betty was always helped throughout the years, and me in recog- Monroe Police Department. by his side and was his nurse at the practice. nizing the outstanding contributions they have Obtained $95,300 in federal funding for St. Together they were the perfect ‘‘team.’’ The made to the community in Paterson and be- Anthony Community Hospital in Warwick for office was on the first floor and their apartment yond. their Wound Care Program. Obtained a $78,683 Edward Byrne Memorial was on the upper levels. He became the Co- f Chief of Department of Surgery at Fairlawn Justice Assistance Grant from the U.S. Dept Memorial Hospital, attending surgeon at Sad- FEDERAL GRANTS AND APPRO- of Justice to improve public safety in Orange dle Brook Hospital, Police Surgeon and City of PRIATIONS FOR LOCAL County through increased police patrols and Paterson physician, Medical Director of Na- PROJECTS improved equipment and technology. Assisted in obtaining almost $72,000 for bisco Brands, Inc., assistant professor at Museum Village. Seton Hall University Department of Surgery HON. JOHN J. HALL Obtained a $66,500 Department of Home- and also became Medical Examiner for Fed- OF NEW YORK land Security grant for the South Blooming eral Aviation-Class A, and USCIS Civil Sur- IN THE HOUSE OF REPRESENTATIVES Grove Fire District. geon. Dr. Ferraro was a distinguished and re- Wednesday, December 22, 2010 Obtained $60,000 for the Woodbury Police spected physician who with all his qualities Department. provided the best to his patients and left a re- Mr. HALL of New York. Madam Speaker, I would like to submit the following: Obtained $40,000 for the Quassaick Bridge markable legacy to his children. Fire District. Dr. Ferraro’s children admired their father I was proud to bring millions of federal dol- WESTCHESTER COUNTY for instilling the importance of education in lars home to local taxpayers. New Yorkers pay more in federal taxes than New York receives Obtained over $13m for improvements to them. When his children were very young he I-684. would always encourage them to read. They in federal funding support, so I worked hard to bring additional dollars back home for local Obtained $6.75m from the American Recov- spent time with their father around the office. ery and Reinvestment Act for infrastructure Dr. Ferraro was a great role model, allowing projects, thereby reducing the burden on local property taxpayers. upgrades and renovations of patient care them to see the medical world in his office as areas at the FDR Veterans Hospital in ORANGE COUNTY one of the choices for their lives. Montrose. Lisa Ferraro followed her father’s footsteps Obtained $19.6m from the American Recov- Obtained $6.1m from the American Recov- and graduated from Ross University Medical ery and Reinvestment Act for infrastructure ery and Reinvestment Act for infrastructure im- School. In 1984–1987 she completed her in- upgrades and renovations at the U.S. Military provements at the Camp Smith National ternship and residency in Internal Medicine at Academy at West Point. Guard Training Site in Cortlandt. St. Joseph’s Regional Medical Center in Obtained $4.4m from the U.S. Department Obtained $5m from the American Recovery Paterson and immediately went to work with of Transportation for improved runway lighting and Reinvestment Act for a water treatment her father. Dr. Lisa Ferraro was Board Cer- and resurfacing at Stewart Airport, thereby in- plant for the Peach Lake community in North tified in Internal Medicine in 1987 and joined creasing its air traffic capacity. The new light- Salem. The new water treatment plant will attending staff Internal Medicine at SJHMC. ing improves both energy efficiency and public help restore the quality of the lake and create She has worked as school physician for safety during take offs and landings. local jobs. Public Schools Nos. 5, 8, 28 and Kilpatrick Obtained $3.6m from the American Recov- Obtained almost $2m for improvements at School. She was assistant Medical Director at ery and Reinvestment Act for repairs and ren- the Croton-Harmon train station including flood Nabisco from 1987–1992 and has taught first ovations at the Stewart Air National Guard prevention and infrastructure upgrades. year medical students from UMDNJ, as well base. Obtained $1.96m in federal funding for re- as forth year foreign medical students. In 2000 Obtained over $3.5m from the American Re- construction and improvements to Route 6 in she was appointed as Civil Surgeon for covery and Reinvestment Act for energy effi- Cortlandt. USCIS. In February 2010 she became Cer- ciency improvements in Orange County. Assisted in obtaining $1.3m from the Dept tified in Aesthetic Medicine. Obtained $2.3m for the Highland Falls-Fort of Energy for the Bedford-Northern West- Dr. Ferraro left a truly wonderful legacy in Montgomery Central School District, including chester Energy Action Coalition. Paterson. In April 1996 Dr. Stephen and Dr. $1.5m in federal impact aid and $800,000 in Obtained over $1.1m for improvements to Lisa Ferraro registered the office as a corpora- federal funding to improve science and tech- the Annsville Circle in Cortlandt. tion, Ferraro Medical Associates, P.A. Despite nology programs. Obtained $665,000 in federal funding to im- the challenges, the office still serves our com- Obtained $2m in American Recovery and prove the Peekskill Downtown Business Dis- munity at 414 Broadway. Presently the prac- Reinvestment Act funding to construct a new trict including sidewalk improvements, land- tice provides medical care to approximately water filtration plant for the Village of Warwick. scaping, and lighting upgrades on Main Street. five hundred patients a month. It is estimated Obtained $1.33m in federal funding to sup- Obtained $332,000 from the U.S. Depart- that close to half a million patients have port the Newburgh-Beacon ferry enabling easi- ment of Justice for the Westchester County passed through the doors at 414 Broadway. er access to public transportation for com- Forensic Science Laboratory, to improve the Although Dr. Stephen P. Ferraro departed muters. quality and timeliness of medical examiner from this earth in 2002, he left a legacy of per- Obtained $597,000 from the Department of services, thereby reducing the case backlog. severance as well as a well recognized prac- Homeland Security for five local fire depart- Obtained $325,000 from the federal Drug tice, which continues to thrive under the lead- ments, including Greenville Fire Department; Free Communities Support Program for pro- ership of Dr. Lisa Ferraro. Her siblings are all the Slate Hill and New Hampton Fire Depart- grams sponsored by the Village of Croton-on- successful professionals in their fields. Ste- ments in Wawayanda; and the Johnson and Hudson, Alliance for Safe Kids in Cortlandt phen P. Ferraro, Jr. M.D., is an orthopaeadic the Unionville Fire Departments in Minisink. Manor, and the Town of Cortlandt.

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23622 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 22, 2010 Obtained over $300,000 for programs at the Obtained $1.6m for upgrades to roads in Successfully assisted many local Veterans Yorktown Senior Center. Kent. in receiving long over due combat medals Obtained $196,000 in federal funding for im- Obtained $400,000 in federal funding for such as medals from World War 2 for a provements at the South Salem library. Putnam Valley for their Lake Oscawana Man- Mahopac veteran and several Purple Heart re- Obtained $120,000 from the Department of agement and Restoration Plan, saving money cipients. Homeland Security for the Goldens Bridge for local property taxpayers while improving Awarded the prestigious Air Medal to former Volunteer Fire Department. water quality. flight crewmembers of the 336th Medical De- Assisted in obtaining $115,000 for the Obtained $192,000 in federal funding for tachment, and Army Reserve Helicopter Am- Katonah Museum of Art. Putnam Hospital Center’s comprehensive can- bulance unit in a ceremony at Stewart Airport. Obtained $98,400 in federal funding for A– cer care program. The 60 men and women of the 336th Medical HOME to build an affordable home for a first Obtained $190,000 from the Department of Detachment, trained as Medevac pilots, heli- responder in Lewisboro, using the most state Homeland Security for the Mahopac Volunteer copter crew chiefs and medics, evacuated sick of the art energy efficient technologies. Fire Department. and wounded soldiers from the battlefield. Due Obtained $95,300 in federal funding for the Obtained $145,000 for the Carmel Police to adverse field conditions and administrative new emergency department at the Northern Department for a police vehicle video system. oversight, the unit’s flight crews did not re- Westchester Hospital in Mount Kisco. Obtained $125,000 from the federal Drug ceive their Air Medals until my office inter- Obtained $87,000 for the Katonah Fire De- Free Communities Support Program for pro- vened on their behalf. partment. grams implemented through Putnam’s Council Social Security: Assistance was provided to Obtained $70,000 in federal funding for the for Alcoholism and Other Drugs. constituents such as explaining eligibility for Pound Ridge Police Department for commu- Obtained $106,000 for equipment for the disability benefits; facilitating communication nications systems that will improve emergency Kent Fire District. between beneficiaries and local SSA offices; response capabilities. ROCKLAND COUNTY assisting in setting up payment schedules for Obtained $47,000 in federal funding for edu- Obtained over $15m for improvements to overpayments to beneficiaries’ accounts; rein- cation programs at the Van Cortlandt Manor the Palisades Parkway. statement of disability benefits that were incor- historic site in the Village of Croton-on-Hud- Obtained $2.5m for road improvements in rectly stopped; expediting appeal hearings, ex- son. downtown Haverstraw. pediting the processing of retroactive checks DUTCHESS COUNTY Obtained $383,000 in federal funding for the in favorable disability cases that included Obtained $8.22m from the American Recov- Stony Point Ambulance Corps. amounts in excess of $100,000; removal of ery and Reinvestment Act for infrastructure Obtained $352,500 in federal funding for overpayments that were mistakenly put onto and energy efficiency improvements at Castle youth gang prevention programs. beneficiaries’ records; and assisting with the Point Veterans Hospital. Helped obtain $297,000 from the U.S. De- appeal of an overpayment waiver request. Obtained $3.6m from the U.S. Department partment of Education for the North Rockland For example— of Transportation for improvements in public Central School District. Expedited a Social Security appeals hearing transportation including local busses and bus Obtained $188,000 for the Thiells-Roseville for a constituent who suffered major spinal in- facilities in Poughkeepsie. Fire District. juries, was unable to work and facing bank- Obtained $2.4m for the development and Obtained $66,000 for the Stony Point Police ruptcy. The case was found fully favorable to manufacture of night vision goggles by E- Department to maintain a full time school re- the constituent. Magin, located in Dutchess County. These source officer at the James A. Farley Middle Expedited a retroactive payment in a Social goggles improve the safety of our troops in the School. Security disability case for $79,000. field, while creating local manufacturing jobs. CONSTITUENT SERVICES Helped get a Social Security disability ap- Obtained $330,000 from the American Re- Casework: One of the aspects of the job peals hearing for a woman suffering from a covery and Reinvestment Act to help retrofit that I find most rewarding is the ability to as- tick-borne illness similar to Lyme’s Disease. stormwater systems in East Fishkill and sist local constituents with individual problems. The appeal was expedited and she was Beekman. In many of these cases the constituent needs awarded more than $1,800 in monthly benefits Obtained $314,000 for Hudson River Hous- assistance cutting through the federal bu- and more than $65,000 in retroactive benefits, ing in Poughkeepsie to assist in rehabilitating reaucracy to get the attention they need to and found eligible for Medicare. affordable homes and creating opportunities their individual situation. Although I believe Medicare: Facilitated reimbursement for Du- for local financing. that people shouldn’t need to turn to their rable Medical Equipment and other services. Helped remove surcharge on Part B, pre- Obtained $196,000 in federal funding for the Congressional office in order to get their cases Village of Wappingers Falls to create mium and processing of retroactive payment. resolved, I am happy to be able to assist Internal Revenue Service: Expedited proc- Consentino Park. when such instances occur. essing of refund and economic stimulus pay- Secured Dyson Foundation grant funding of My Congressional office resolved thousands ments. $108,000 for Arlington High School’s club AC- of constituent service cases, which included Helped change filing status for taxpayer. TION students to install solar panels on the providing assistance to Veterans, Seniors with Department of Labor: Challenged denial of roof the High School. Medicare and Social Security concerns, fore- prescription coverage for a drug that was in a Obtained $98,600 for the Glenham Fire Dis- closure and mortgage assistance to home- beneficiary’s plan. trict. owners, families seeking adoptions, and expe- Assisted in having overpaid monthly Obtained $86,000 in federal funding for diting passports. The Congressional office pro- COBRA premium credited toward future technology improvements at the St. Francis vided assistance to constituents trying to monthly premiums. Hospital emergency room. reach family members during natural disasters Assisted with having COBRA premium re- Obtained $77,000 for the Fishkill Fire De- overseas such as Haiti and Chile. In many of duction applied to several beneficiaries who partment. these cases our assistance made a real dif- did not initially receive it. Obtained $66,000 in federal funding to in- ference in people’s daily lives. Federal Trade Commission: Worked with stall solar panels on the Beacon Municipal Some specific examples of the hundreds of constituents and relevant credit agencies to fix Building. successful results achieved by the Congres- mistakes on credit reports. Obtained $61,750 from the Department of sional office are described below. Visiting Washington DC: When constituents, Homeland Security for the Wappingers Falls Veterans: Obtained well over $2 million in school groups, and local organizations visit Fire Department. retroactive payments and benefits for indi- Washington DC, my office helps arrange PUTNAM COUNTY vidual local veterans earned but never re- tours, and can help with other aspects of the Obtained $1.9m from the American Recov- ceived from the Veterans Administration due visits. I make every effort to personally greet ery and Reinvestment Act for a water treat- to administrative backlogs and errors. These local visitors. In 2009 my office arranged and ment plant for the Peach Lake community in awards ranged from a few dollars to over gave over 700 tours of the Capitol to local Southeast. The new water treatment plant will $100,000 depending on the type of injury, families, school classes, and other visitors help restore the quality of the lake and create level of disability, and length of the VA delay from the 19th Congressional District. The of- local jobs. in processing the case. fice also assisted with information including

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 23623 assistance in arranging for tours of other sig- TRIBUTE TO GEORGE W. tions of Mr. George W. McCullough, III to our nificant sites in Washington. MCCULLOUGH III Nation. Service Academy Nominations: Each year f my Congressional office submits nominations HON. BILL PASCRELL, JR. JENNIFER FRIEDNASH of local students to our nation’s military serv- OF NEW JERSEY ice academies including the U.S. Military IN THE HOUSE OF REPRESENTATIVES Academy at West Point (USMA), Naval HON. ED PERLMUTTER Wednesday, December 22, 2010 (USNA), Air Force (USAFA), and Merchant OF COLORADO Marine (USMMA) Academies. I consider it a Mr. PASCRELL. Madam Speaker, I would IN THE HOUSE OF REPRESENTATIVES great honor to be able to nominate top local like to call to your attention the story of an out- Wednesday, December 22, 2010 students who will become the next generation standing individual, Mr. George W. of military leaders. During my two terms in of- McCullough, III, who will visit New Jersey’s 8th Mr. PERLMUTTER. Madam Speaker, I rise fice, I was proud to serve on the U.S. Military District on Sunday, December 12, 2010, for he today to honor and applaud Jennifer Academy’s Board of Visitors. is a great example of service to our Nation Friednash for her outstanding service to our f and communities. community. It is only fitting that he be honored in this, Jennifer works full time as a real estate at- PERSONAL EXPLANATION the permanent record of the greatest democ- torney, but always finds time to teach her kids racy ever known, for his story is a true embod- the value of volunteering through leading by HON. ALBIO SIRES iment of the American Dream. example. She has been an active member OF NEW JERSEY George W. McCullough, III serves as Su- and fundraiser for Project PRIDE, which con- IN THE HOUSE OF REPRESENTATIVES preme Governor of the Loyal Order of Moose structed an outdoor classroom alongside Red for 2010–2011. He was elected to this post, Rocks Amphitheatre. Wednesday, December 22, 2010 which also serves as chairman of the Moose Jennifer’s work doesn’t stop there. She is an Mr. SIRES. Madam Speaker, on December International Board of Directors, at the 122nd active committee member of the Jefferson 21, 2010, I missed rollcall vote numbers 657, International Convention in Nashville in July Economic Council, chair of a committee that 658, 659, 660, 661, 662, and 663. Had I been 2010. He had previously served as Supreme provides junior NAIOP members an oppor- present, I would have voted ‘‘yes’’ on rollcall Jr. Governor in 2009–2010, and Supreme tunity to learn about the real estate industry 657, ‘‘yes’’ on rollcall 658, ‘‘yes’’ on rollcall Prelate during 2008–09. from seasoned professionals and has been a 659, ‘‘yes’’ on rollcall 660, ‘‘yes’’ on rollcall He is a Life Member of Charlotte, NC Lodge provisional instructor for the Colorado Associa- 661, ‘‘yes’’ on rollcall 662, and ‘‘yes’’ on rollcall 1113, having been sponsored by his father in tion of Realtors. 663. 1969. He immediately took an active role, I extend my deepest congratulations to Jen- f serving on all standing and special commit- nifer Friednash for her well deserved recogni- tees, and holding all chairs, including Past tion by the West Chamber serving Jefferson PERSONAL EXPLANATION Governor. He stepped in as acting Adminis- County. I have no doubt she will exhibit the trator for an eight month period. He has been same dedication and character in all her future HON. JOHN ABNEY CULBERSON an active Ritualist for more than 20 years, and accomplishments. OF TEXAS has been honored as an International Cham- f IN THE HOUSE OF REPRESENTATIVES pion in Ritual Competition. He has served on all the committees and PERSONAL EXPLANATION Wednesday, December 22, 2010 chairs of WENOCA Moose Legion 78 and is a Mr. CULBERSON. Madam Speaker, on De- Past North Moose. He has served the North HON. HENRY CUELLAR cember 21, 2010, I was unable to be present Carolina Moose Association on several District OF TEXAS for all rollcall votes due to a medical necessity. committee posts, as District President, and on IN THE HOUSE OF REPRESENTATIVES If present, I would have voted accordingly most Association Committees; he is a Past on the following rollcall votes: roll No. 657— President of the Association by Service. He Wednesday, December 22, 2010 ‘‘nay’’; roll No. 658—‘‘aye’’; roll No. 659— was also conferred the honor of Past Presi- Mr. CUELLAR. Madam Speaker, I was ab- ‘‘nay’’; roll No. 660—‘‘nay’’; roll No. 661— dent by both the Louisiana and Minnesota sent due to personal family matters, but if ‘‘nay’’; roll No. 662—‘‘nay’’; roll No. 663— Moose Associations. present, I would have voted ‘‘yes’’ on: ‘‘aye’’. Mr. McCullough served on the International S. 3481—Amending the Federal Water Pol- f Community Service Committee before his ap- lution Control Act to clarify Federal responsi- pointment to the Mooseheart Board of Direc- bility for stormwater pollution. PERSONAL EXPLANATION tors in 1994. A member of the 150 Division of S. 372—Whistleblower Protection Enhance- the Moose 25 Club, he received the Fellow- ment Act. HON. CAROLYN C. KILPATRICK ship Degree of Honor in 1978 and the Pilgrim Senate Amendment to H.R. 6523—Ike Skel- OF MICHIGAN Degree of Merit in 1990. He was awarded the ton National Defense Authorization Act for Fis- IN THE HOUSE OF REPRESENTATIVES Shining Star as International Moose of the cal Year 2011. Year for 1995. f Wednesday, December 22, 2010 He is an ordained minister of the Baptist Ms. KILPATRICK of Michigan. Madam Church, and he is a U.S. Army combat vet- STATEMENT OF CONCERN ABOUT Speaker, I was unable to attend to several eran with service in Vietnam, holding the UNJUST IMPRISONMENT OF votes. Had I been present, I would have voted Bronze Star and the Purple Heart among BAHA’I RELIGIOUS MINORITY IN ‘‘aye’’ on rollcall Nos. 657, 658, 659, 660, 661, other decorations. He and his wife Sue reside IRAN 662 and 663. in Charlotte, where he owns and operates f McCullough & Associates Auto Electric. The HON. DANNY K. DAVIS McCulloughs have two daughters, two sons, a OF ILLINOIS PERSONAL EXPLANATION daughter-in-law and two grandsons. IN THE HOUSE OF REPRESENTATIVES The job of a United States Congressman in- HON. DEAN HELLER volves much that is rewarding, yet nothing Wednesday, December 22, 2010 OF NEVADA compares to learning about and recognizing Mr. DAVIS of Illinois. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES the efforts of individuals like Mr. George W. today to express both my deep concern and McCullough, Ill. the deep concern of some of my constituents Wednesday, December 22, 2010 Madam Speaker, I ask that you join our col- about the unjust imprisonment of several Mr. HELLER. Madam Speaker, on rollcall leagues, George’s family and friends, all the members of a religious minority in Iran. In par- No. 660, I was unavoidably detained. Had I members of the Loyal Order of Moose, and ticular, I wish to speak of the member of the been present, I would have voted, ‘‘no.’’ me in recognizing the outstanding contribu- Baha’i faith who have been persecuted and

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23624 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 22, 2010 imprisoned in Iran. My home district in Chi- should not be curtailed or circumscribed by U.S. personnel or interest, in fact it presents cago has a rich diversity of people from all the coincidence of one’s citizenship in a par- no such threat; and if in fact it has been of backgrounds and faiths, and I am fortunate to ticular nation. The freedom in our country to affirmative assistance to the United States, as it has; and is not regarded as a terrorist have Baha’is as part of this rich diversity. The choose how to peacefully worship God is organization in the United Kingdom or the Baha’i faith is a peaceful religion that teaches something many of us take for granted. We European Union, then why was it placed on the oneness of humanity and that all forms of need only consider the unjust and inhumane that list and why does it continue to remain prejudice should be eliminated. treatment of Baha’is in Iran to realize that this on the list of such organizations that is kept Some of you will recall that in 2009 I was freedom is not available to everyone in the by the Secretary of State? Well, I think, it’s one of the co-sponsors to House Resolution world. pretty openly acknowledged that the reason 175. That resolution condemned the Govern- I agree with U.S. Secretary of State Hillary MEK was placed on that list during the Clin- ment of Iran for its state-sponsored persecu- Clinton when she condemned the sentencing ton administration was to curry favor with tion of its Baha’i minority and its continued vio- of the Baha’i leaders and stated that the Iran, and to use the designation as a way of entering into dialogue with the Iranian re- lation of the International Covenants on ‘‘United States is committed to defending reli- gime. And I am sorry to say that even during Human Rights. H. Res. 175 passed with 407 gious freedom around the world, and we have the administration that I served in, it is re- ‘‘aye’’ votes on October 22, 2009. However, not forgotten the Baha’i community in Iran.’’ ported that MEK continued to remain on the some of my constituents have informed me I speak to you today as a reminder that reli- list for the same misguided reason . . . . that the persecution and suppression of the gious persecution remains a fact of life in our The Iranian regime is now in the enviable Baha’i faith in Iran persist with no relief in world and that the plight of the Baha’is in Iran position of having the United States des- sight. is a poignant example of injustice. On behalf ignate as a terrorist organization a group of In 2009 the international press reported that of my Baha’i constituents, I ask that you lend Iranians who are a threat to that regime, and of limiting that group’s activities. In seven Baha’I leaders in Iran were unjustly ar- your voice to mine, so that we may create a other words, the Iranians now have the great rested and held in prison without knowing the chorus of diverse voices against the type of Satan working for them . . . . charges for their arrest for approximately 20 blatant religious persecution that we are wit- The continued designation of MEK as a months. nessing in the unjust treatment of Baha’is in terrorist organization gives great comfort The unjust prosecution of these seven par- Iran. and legitimacy to the Iranian regime, by ticular Baha’is was condemned by inter- f putting on the sidelines an organization that national leaders and drawn into our national is potentially a grave threat to the regime. awareness for a short time. Those seven Ba- COUNTERING IRAN’S NUCLEAR & What’s to be done? Well as I’m sure many of TERRORIST THREATS, THE OP- you know there is an ongoing case in which ha’is are real people with families, who con- MEK has challenged the designation. In tinue to suffer injustice because of their POSITION’S ROLE: WHAT ARE THE U.S. POLICY OPTIONS? July, the U.S. Court of Appeals for the Dis- peaceful religious beliefs. The more disturbing trict of Columbia circuit issued an opinion fact is that those seven Baha’i leaders are essentially sending the matter back to the merely the ones that made the headlines. HON. TOM McCLINTOCK State Department and to the Secretary of There are approximately 48 additional Baha’is OF CALIFORNIA State and asking her to re-evaluate whether currently imprisoned in Iran. Approximately IN THE HOUSE OF REPRESENTATIVES MEK should be on that list. But the court 132 Baha’is have been arrested and released did something more than that. It expressed a Wednesday, December 22, 2010 good deal of skepticism at least about the on bail to await trial, and another 92 Baha’is Mr. MCCLINTOCK. Madam Speaker, I rise non-classified information that was put be- have been sentenced to imprisonment. In the today to insert into the RECORD excerpts of re- fore the court and shared with MEK, and last decade, hundreds of Baha’is have been marks made at a symposium sponsored by which MEK could therefore rebut. Without prosecuted and imprisoned for their religious Executive Action, LLC: ‘‘Countering Iran’s Nu- getting into a whole lot of detail, the Sec- retary of State may choose to base her deter- beliefs. But that is not the only degradation clear & Terrorist Threats, The Opposition’s that Baha’is in Iran must face. Baha’is have mination entirely on classified information Role: What Are the U.S. Policy Options?’’ held if she wants, and then nobody knows why she been dismissed from their jobs, expelled from at the Willard Intercontinental Hotel in Wash- universities, and deprived of their property and made the decision, but she didn’t do that in ington, DC on Friday, December 17, 2010. this case. She said she based her decision on pensions, all because of their religious beliefs. MICHAEL MUKASEY, FORMER ATTORNEY both the classified information and the non- Our national consciousness would not be so GENERAL OF THE UNITED STATES classified information and the court dis- aware of this unjust and unfair treatment if it This is one of those moments in history cussed in some detail some of the non-classi- had not been for yet another unjust prosecu- when we know that future generations are fied information, and it showed that a lot of tion of a young American journalist, Roxana going to ask what we did to advance good it consisted of unsubstantiated, anonymous Saberi, in 2009. While Roxana shared a pris- and what we did to resist evil . . . . rumor, whose reliability was unknown and on cell with two of the female Baha’i leaders I’m a lawyer, and lawyers make their cases could not be tested. And all we can say is in Evin prison, she was astounded by the tran- with facts and law and policy. So let’s look that if the classified part of the record, quility of her Baha’i cell mates even as they at some facts, and some law, and some pol- which MEK has not been allowed to see and to which it cannot therefore respond to di- faced harsh conditions and uncertainty about icy, and see whether the case is there. The history of the relationship between the rectly, consists of the same kind of informa- their future. Fortunately, Roxana was freed United States and the Iranian regime since tion as the non-classified part, then the Sec- from prison and has returned safely to the the 1979 revolution can be summed up as a retary of State’s decision would be based on United States; however, those seven Baha’i series of attempts by the United States to, absolutely nothing substantial. Time will leaders remain in prison and were sentenced as the diplomats say, engage the Iranian re- tell. But this is about more than a case in to 10 years of confinement in one of the most gime, each attempt less successful than the the District of Columbia and more than dreadful prisons in Iran. one that preceded it. I’m not going to go MEK. This is about the posture of the United In short, the Baha’i faith teaches tolerance, through that entire history, but an impor- States toward the Iranian regime . . . . tant part of it begins in the 1990s, during the When succeeding generations consider the patience, peace and self-investigation of the question I presented at the beginning of truth. Yet, Baha’is are singled out and marked Clinton administration, when the People’s Mojahedin Organization of Iran, also known these remarks, of what we did to advance from persecution and ridicule from the class as the MEK, was designated by the Secretary what is good and to resist what is evil, they room to the court room and from the lunch of State under U.S. law as a foreign terrorist will find an answer that we and they can live room to the laboratory. We have our own his- organization and that designation regret- with. tory of unjust treatment in this country and the tably continues to this day . . . . grievous and slow healing wounds from such The MEK is the only organization of Ira- TOM RIDGE, FORMER SECRETARY OF HOMELAND SECURITY pernicious and repugnant conduct can still be nians, both inside Iran and outside Iran that felt today. However, the freedom of speech opposes the current regime that favors a At one point in time, we talked about and government in Iran that is democratic, sec- we put the MEK on the terrorist list because and the freedom of religion in our great coun- ular, non-nuclear, and a republic. Again, this we thought it might enhance and improve try have contributed greatly to the healing of is not one of the few organizations that fit the dialogue, change the dialogue. There our society. that description; it is the only one . . . . might be some noticeable improvement in I believe each and every human being has If in fact MEK has renounced violence, as our relationship with Iran and I think his- a fundamental right to freedom of religion that it has; if in fact it presents no threat to any tory concludes so far in the past several

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0689 Sfmt 0634 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 23625 years since we put that organization, which of civil society, and civil institutions, and sibilities. I must tell you that having trav- by the way disarmed itself, consolidated believing that in the heart of all men and eled throughout the Middle East and around itself and has been a source of some very im- women everywhere around the world there is the world, talking to our allies, the FTO des- portant intelligence for this country’s use a desire to be free, a desire to control your ignation process (we should just be honest) is and the rest of the world’s knowledge. If the own destiny, to raise your own family, to disrespected by our allies. It is ineffective. It goal was to improve engagement and to so- share in hopefully, the opportunities that is corrupted by politics, and I don’t mean, licit a different response from the Iranian your society and your government would ‘‘corrupted’’ in the criminal sense, but it has government, that hasn’t worked out very provide for you. In inheriting all of that, we been pervaded by political debate, which is well either. So, you say to yourself at the have many of those discussions as it relates part and parcel of a foreign policy discussion end of the day, these efforts during the past to how we are engaged in our effort against when you’re setting foreign policy goals. The several years have been fruitless, and some terrorism around the world. We challenge fact that we permit domestic politics in for- say through some organizations that are ba- ourselves around Abu Ghraib, we challenge eign policy concerns to come into what is sically feckless, not terribly effective. What ourselves around Guantanamo, we challenge supposed to be an objective process, that is happens if they become even further ourselves with regard to due process. We the designation of a foreign terrorist organi- emboldened by having nuclear capability? know what we stand for. It’s part of the zation, undermines US credibility. . . . One, we know what it says about Iran—if you American brand. We are our strongest allies; Not only, having disarmed, and renounced think that part of the world is unstable now, we’re also our strongest critics. We know violence and assisted the United States, we can only imagine what the consequences what we believe in and when we seem to de- should the MEK come off the list, the US will be then . . . . viate, if some of us seem to think we deviate Congress should abolish the list because I And you know what is probably even more from that brand, we take a close look at our- frankly think in many respects because of alarming is that we’re starting to see more selves in the mirror and ask ourselves ‘‘What how it’s operated, it does more to undermine and more analysts accept in their writings are we doing?’’ Well, part of that American our credibility on these subjects. So, I would the notion of a nuclear Iran and how we brand I think is being consistent with our both take MEK off the list and I would ask would deal with it. Think about that, ten values overseas as well. And when we see a Congress to abolish it. . . . years ago we were worried and trying to fig- repressive theocracy, day in and day out, im- The other thing that I would say and ure out how we could make sure that didn’t prisoning, torturing, executing men, women, hasn’t been spoken about, again I’m sen- happen and now we have some pundits and entire families because they’ve been brave sitive to this because of my responsibilities some analysts in the international commu- enough, courageous enough to stand in oppo- in the White House is, I frankly think, as nity saying, it’s almost a fait accompli, sition to the theocracy. In their hearts, not part of the delisting process one of the ‘‘now what are we going to do?’’ Let’s just necessarily looking to the institutions of things that would enable or open the poten- pause for a moment and think what that government like America but looking to the tial for is permitting MEK leaders who are means to the rest of the world vis-a-vis value system of freedom and liberty, speech, outside of Iran to get visas and come to the America. What does it say about our ability assembly, peaceful opposition. So I frankly United States. That’s an entirely, again, sep- to influence geopolitical events? What does think one of the most important things this arate process. It would be treated separately. it say about how our allies and friends in country can do, and hope we will do it as Delisting does not necessarily mean that that region look to us, and our ability to af- soon as possible is to delist. Delist the Peo- those leaders would be able to apply and get fect change that affects their lives and the ple’s Mujahedin of Iran. It’s not a terrorist such a visa that ought to be part of this security of that particular region. . . .? organization. And after that, be part of a process. Those people ought to be able to So how do we go forward? What do we do sustained, public, rhetorical, and as well dip- come here and speak about the atrocities, next? I think the Attorney General very lomatic embrace of our brand, with the hope they ought to be able to speak about the clearly identified probably one of the most of convincing the rest of the world that the human rights abuses and what’s happening significant things we can do and that is loyal opposition, those pro-democracy war- inside Iran to those advocates for democracy delist as the UK has done, and the European riors, individuals and families in Iran can at and freedom. And they ought to be able to be Union has done, MEK. They did consolidate. least look to the United States not with cas- their own advocates. Right now, we are their They did disarm. They were a source of con- ual and occasional criticism of the Iranian advocates, but they are entitled to make siderable intelligence for us, and if we are to government and how it treats its citizens, their own case both before the American look for peaceful means of encouraging a re- but a sustained clamor for change, aggres- Congress and the American people, to raise gime change, it seems to me that one of the sive diplomatic efforts to at least pull some money, to raise support, and to raise aware- first and most significant steps we could of our friends and allies into the chorus of ness. So, for me, it’s: take them off the list, take, I guess it’s under review right now by opposition to this regime. Time is running abolish the list and grant visas to expatri- the State Department, but as you well know out. There aren’t too many options left. ates and exiled MEK leaders so that they can in January of this year I think the DC Cir- come and make their own case. cuit Court of Appeals said that, based on the FRANCES FRAGOS TOWNSEND, FORMER ADVISOR f information you presented in this court TO PRESIDENT GEORGE W. BUSH ON HOMELAND right now (and unfortunately you had to go SECURITY PERSONAL EXPLANATION to court, everybody goes to court in the Our policy goals in this country really United States, but to get them delisted from must be a reflection of our values. It must be the State Department) the court said pre- consistent and it must be fundamental to HON. DEAN HELLER liminarily, the information that you’ve at how we build a policy process. It struck me, OF NEVADA least shared with us in court today doesn’t when you go back and look at the current, IN THE HOUSE OF REPRESENTATIVES warrant them being listed as a terrorist or- when we heard Tom Ridge and others talk Wednesday, December 22, 2010 ganization. I think the consequences of that about the sanctions regime, we can debate particular decision, the State Department as its efficacy we can debate its impact, but the Mr. HELLER. Madam Speaker, on rollcall I understand it and perhaps others on this statement of the goal right now as we sit No. 661, I was unavoidably detained. panel can give us a more enlightened and here today in Washington the goal of the Had I been present, I would have voted more recent point of view that they’re actu- sanctions, which have not been yet success- ‘‘no.’’ ally honestly and actively considering that ful, is to get the regime to the bargaining f outcome. table. Is that really all? To describe that is What’s the benefit of that outcome? First as humble and modest in terms of an objec- HONORING THE EXEMPLARY of all it’s the strongest possible signal that tive, that’s not enough. So, when you look at SERVICE OF SANCTUARY, INC. our approach toward Iran is changing. It’s all the other things we’ve talked about just saying that 30 years of peaceful engagement so far this morning that the MEK is still hasn’t been effective, and I think everybody listed as an FTO all of that stems from HON. MADELEINE Z. BORDALLO around the world knows that. But I’m going ‘‘what are you trying to achieve.’’ If you’re OF GUAM to give you a different perspective if I might not clear, and you’re not ambitious, and IN THE HOUSE OF REPRESENTATIVES because I think it has as much to do as how your goals don’t represent your values, you we’re viewed around the rest of the world are doomed to failure. . . . Wednesday, December 22, 2010 and why I think we should do it as soon as The FTO designations, as you can imagine Ms. BORDALLO. Madam Speaker, I rise possible. I’ve always thought that, if Amer- during my time in the government (I was in ica was considered to be a product that we the Justice Department for many years and today to honor the exemplary service of Sanc- look to sell around the world then our brand then in the White House), monitoring the tuary, Inc., a community based non-profit or- is based on our value system. Think about FTO process, the Foreign Terrorist Organiza- ganization that aims to improve the quality of that for a moment. For 200+ years, more re- tions designation process, working with the life for Guam’s families and youth. Through cently we have tried to promote the notion State Department was among my respon- their 24-hour crisis intervention, Sanctuary

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23626 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 22, 2010 promotes mediation services during times of She is an accomplished athlete, writer, motiva- Madam Speaker, on rollcall No. 663 on H.R. family conflicts while also providing temporary tional speaker and volunteer. Barbara has 6547, on Motion to Suspend the Rules and safe refuge to youth in need of further sup- been the recipient of numerous awards includ- Pass, Protecting Students from Sexual and portive counseling. In addition, Sanctuary fos- ing California’s Outstanding Athlete and Most Violent Predators Act, I am not recorded be- ters the development of responsible commu- Inspirational Athlete, the YWCA’s Most Coura- cause I was absent because I give birth to my nity members and assists in preserving and geous Athlete and a two time Olympic Gold baby daughter. Had I been present, I would promoting family unity through their outreach, Medalist. Since the onset of polio at age eight, have voted ‘‘yea.’’ education and prevention programs. Barbara has been in a wheelchair. f Founded in 1971 by Father Robert Phelps In addition to her accomplishments as an and Mr. Luis Martinez, with the goal of cre- athlete, Barbara has served on numerous IN HONOR OF SPEAKER NANCY ating a safe refuge for Guam’s youth, Sanc- committees for organizations dedicated to PELOSI tuary originated in southern Guam, with seven those with disabilities. She is currently writing families volunteering their time and homes to for major publications on issues concerning HON. JOE BACA provide temporary housing to troubled youth those with disabilities. Being a sports enthu- OF CALIFORNIA who are not suitable for youth correctional fa- siast she has written a book about the history IN THE HOUSE OF REPRESENTATIVES cilities. Sanctuary has since relocated to cen- of the Denver Broncos and donated all the Wednesday, December 22, 2010 tral Guam and now provides shelter and serv- profits to a local wheelchair basketball team. ices at three dedicated buildings: an emer- I extend my deepest congratulations to Bar- Mr. BACA. Madam Speaker, I thank you for gency shelter, a transitional living program, bara Roose-Cramer for her well deserved rec- your service to our country, for your sacrifice and substance abuse program. They have ognition by the West Chamber serving Jeffer- and unyielding dedication. made tremendous strides over the years and son County. I have no doubt she will exhibit Because of your leadership, Democrats annually provide safe haven for over 300 the same dedication and character in all her have much to be proud of during our work in youth and also provide assistance through future accomplishments. the 110th and 111th Congress. outreach and prevention programs to over f As Speaker, you have made the United 3,000 troubled teens. These services and pro- States a better country. Women have more PERSONAL EXPLANATION grams, such as alcohol and drug treatment rights in the workforce, children are safer, our programs, provide safe alternatives to deten- military is stronger and our economy was tion or youth correctional facilities and are in- HON. XAVIER BECERRA saved from near complete collapse. strumental in helping troubled youth turn their OF CALIFORNIA Without you at the helm, healthcare for all lives around and contribute to society. IN THE HOUSE OF REPRESENTATIVES would only be a dream. Because of your It is on the occasion of Sanctuary’s 39th an- Wednesday, December 22, 2010 labor, it will be a reality. niversary that I join our community in com- As the first woman to serve as Speaker of Mr. BECERRA. Madam Speaker, on De- mending their humanitarian services and out- the House, you have left an indelible mark on cember 17, 2010, I was unavoidably detained reach efforts in helping Guam’s youth. I com- our history. Your positive, supportive and em- and missed rollcall votes 651 and 654. If mend the efforts of Interim Executive Director, powering leadership will forever remind us of present, I would have voted ‘‘yea’’ on rollcall Millie Lujan; Staff members and Volunteers what it is to be an American. votes 651 and 654. who have dedicated and contributed their time Your strength of leadership will continue to over the past 39 years and I look forward to f serve the American people well as we protect many more years of continued service by PERSONAL EXPLANATION the victories we have secured, and renew our Sanctuary Guam. efforts to move America forward. f HON. CATHY McMORRIS RODGERS Speaker, I remember the day of your swear- ing-in. All the children surrounding you as you OF WASHINGTON PERSONAL EXPLANATION pounded the gavel leading us on a new direc- IN THE HOUSE OF REPRESENTATIVES tion. You have made them proud. You have HON. BARBARA LEE Wednesday, December 22, 2010 made us all proud. OF CALIFORNIA Mrs. MCMORRIS RODGERS. Madam Thank you, Speaker PELOSI. Thank you. IN THE HOUSE OF REPRESENTATIVES Speaker, on rollcall No. 659 on, H.R. 5116 on f Wednesday, December 22, 2010 Motion to Concur in the Senate Amendment, America COMPETES Reauthorization Act, I RECOGNIZING MS. JENNIFER Ms. LEE of California. Madam Speaker, I CRASE missed rollcall votes 657 through 663 on am not recorded because I was absent be- Tuesday, December 21st. Had I been present cause I gave birth to my baby daughter. Had I would have voted ‘‘aye’’ on rollcall vote 657 I been present, I would have voted ‘‘nay.’’ HON. GEOFF DAVIS Madam Speaker, on rollcall No. 660 on H.R. on H. Res 1771, rollcall 658 on H.R. 6540, OF KENTUCKY 2142, on Motion to Concur in the Senate rollcall 659 on agreeing to the Senate amend- IN THE HOUSE OF REPRESENTATIVES Amendment, GPRA Modernization Act of ments to H.R. 5116, rollcall 660 on agreeing Wednesday, December 22, 2010 2010, I am not recorded because I was absent to the Senate amendments to H.R. 2142, roll- because I gave birth to my baby daughter. Mr. DAVIS of Kentucky. Madam Speaker, I call 661 on agreeing to the Senate amend- Had I been present, I would have voted ‘‘nay.’’ rise today to recognize Ms. Jennifer Crase, a ments to H.R. 2751, rollcall 662 on agreeing Madam Speaker, on rollcall No. 661 on H.R. mathematics teacher at South Oldham Middle to the Senate amendments to H.R. 3082, and 2751, on Motion to Concur in the Senate School in the Fourth Congressional District of rollcall 663 on H.R. 6547. Amendment, FDA Food Safety Modernization Kentucky. f Act, I am not recorded because I was absent Ms. Crase has been an educator for more BARBARA ROOSE-CRAMER because I gave birth to my baby daughter. than thirteen years and has taught eighth Had I been present, I would have voted ‘‘nay.’’ grade mathematics in Crestwood, Kentucky for HON. ED PERLMUTTER Madam Speaker, on rollcall No. 662 on H.R. 6 years. 3082, on Motion to Concur in the Senate In June 2010, Ms. Crase was nominated by OF COLORADO Amendment to House Amendment to Senate President Barack Obama as a Presidential IN THE HOUSE OF REPRESENTATIVES Amendment, Making appropriations for military Awardee for the Presidential Awards for Excel- Wednesday, December 22, 2010 construction, the Department of Veterans Af- lence in Mathematics and Science Teaching. Mr. PERLMUTTER. Madam Speaker, I rise fairs, and related agencies for the fiscal year In addition to being an outstanding teacher, today to honor and applaud Barbara Roose- ending September 30, 2010, and for other pur- she has worked at the State level to develop Cramer for her outstanding service to our poses, I am not recorded because I was ab- a standards-based report card for all Kentucky community. sent because I gave birth to my baby daugh- middle schools. Ms. Crase serves as a team Barbara has been married 47 years, is the ter. Had I been present, I would have voted leader, mentor, presenter and mathematics mother of three and grandmother of seven. ‘‘nay.’’ lead teacher for her school.

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 23627 Ms. Crase is a strong mentor and a reliable places because of his years of service in the their work on behalf of the people of the first friend to her colleagues. She encourages col- U.S. House. congressional district of the State of Ohio and laboration and sets high goals for all students. As a Wisconsin Progressive in the tradition for their dedicated service to the 111th United Today, as we celebrate the accomplish- of Robert LaFollette, Rep. OBEY has never States Congress. I offer my sincerest appre- ments of this exceptional Kentuckian, it is my shied away from calling out injustice or just ciation to Alyson Budd, Jay Stolkin, Robert hope that others are encouraged by her hard plain dumb policymaking. In his book, ‘‘Raising George, Danielle Vizgirda, Sean Kelley, Ozie work and determination. Hell for Justice,’’ he reminds citizens and pol- Davis III, Steve Brinker, Victoria Parks, Mary Madam Speaker, please join me in com- icymakers that ‘‘federal budgets that pay for Ellen Sullivan, Shannon Faulk, Alex Kisling, mending Jennifer Crase for her time and de- tax cuts for millionaires with budget cuts in Colby Nelson, Morgana Carter, Sarah votion in helping the youth of the Common- education, Medicaid, child care, and health McHugh, Aaron Wasserman, Tim Mulvey, wealth of Kentucky and the United States of care are not just unfair; they are immoral.’’ Heidi Black, Greg Mecher, and Sarah Curtis. America. This quote was again put to the test only f f last week as Chairman OBEY voted against extending massive tax cuts for millionaires and CONCLUSION OF MY SERVICE IN HONORING THE PUBLIC SERVICE billionaires. I was proud to join Chairman THE CONGRESS AND EXTRAORDINARY CON- OBEY in opposing this tax cut for the wealthy TRIBUTIONS OF CHAIRMAN that only continues the disturbing pattern of in- HON. EARL POMEROY DAVID OBEY OF WISCONSIN come re-distribution away from working fami- OF NORTH DAKOTA lies and towards a class of economic elites. IN THE HOUSE OF REPRESENTATIVES As the longest serving Member of Congress HON. BETTY McCOLLUM Wednesday, December 22, 2010 OF MINNESOTA in Wisconsin history, I know DAVID spent far IN THE HOUSE OF REPRESENTATIVES too much time away from his wife, Joan, and Mr. POMEROY. Madam Speaker, I want to their family. I wish DAVID, Joan, and their take this opportunity to thank the people of Wednesday, December 22, 2010 sons’ families many happy days together in North Dakota for the chance to represent our Ms. MCCOLLUM. Madam Speaker, with the the coming years. great state in this great chamber for the past conclusion of the 111th Congress, a career of In conclusion, let me simply say—Mr. Chair- 9 terms. extraordinary public service in the House of man, you have served our country so very Words cannot adequately express the feel- Representatives comes to an end. My col- well. It is personally difficult to see you leave, ings of gratitude I have as my time as a mem- league, friend and mentor—Chairman DAVID but your lifetime of service will live on in the ber of body draws to a close. OBEY—is concluding his career in Congress lives of millions of Americans whose lives you At varying times I’ve agreed or disagreed representing the families of northwestern Wis- have helped to improve. As a colleague and a with virtually every member—Democratic or consin that began in 1969. For twenty terms, friend, you have made me a better legislator Republican—in this House. Steering the DAVID OBEY has been a liberal champion and and for that I am grateful to you. course for the United States of America is a a fierce defender of workers and their families. f very difficult and complex undertaking. As our He has been a passionate and effective legis- country moves into its third century in the first PERSONAL EXPLANATION lator for right of all Americans to access qual- decade of the new millennium, it seems like ity health care and education. And, in the the challenges only get bigger as we go for- realm of U.S. foreign policy, Chairman OBEY HON. LUIS V. GUTIERREZ ward. has a lifetime record of always striving to ad- OF ILLINOIS But I conclude my life here with a strong vance human dignity, peace, and the highest IN THE HOUSE OF REPRESENTATIVES sense of hope and optimism for the future. ideals of the American people around the Wednesday, December 22, 2010 The United States Capitol is the icon of de- world. Mr. GUTIERREZ. Madam Speaker, I was mocracy known throughout the world. In this It has been my privilege to serve in this unavoidably absent for votes in the House historic place, sometimes in the darkest hour, House with Rep. OBEY for the past ten Chamber yesterday. Had I been present, I leaders here assembled have set the course years—one-quarter of his congressional ca- would have voted ‘‘yea’’ on rollcall votes 662 to see us through. reer. For the past four years, I had the honor and 663. If the American people exhibit the best as- of serving on the House Appropriations Com- pects of their nature—courage, compassion, f mittee, calling the gentleman from Wisconsin strength, resolve, community—the leaders in ‘‘Mr. Chairman.’’ I have watched DAVID OBEY PERSONAL EXPLANATION the chamber will deliver accordingly. work—work hard, tirelessly, and with tremen- I will always treasure the time I had here. I dous determination and intellect—to advance HON. MARY JO KILROY won some, I lost some, but I tried my best to an agenda that makes the lives of regular OF OHIO reflect the concerns of those I represented, as Americans the highest priority of the federal IN THE HOUSE OF REPRESENTATIVES well as the genuine goodness of the folks who government. Chairman OBEY always fought for Wednesday, December 22, 2010 call North Dakota home. the less fortunate, the vulnerable, those strug- North Dakotans have selected a new Con- gling for an opportunity to succeed, and to en- Ms. KILROY. Madam Speaker, on the legis- gressman, Representative-elect Rick Berg, sure those who have made this country great lative day of Tuesday, December 21, 2010, I and I wish him great success in delivering for with their toil and sacrifice in the factory, the cast a vote but it apparently was not recorded our state. farm field, or on the battlefield. He fought so on rollcall vote 661. As a co-sponsor of this In conclusion, there is one group in par- they too could live and retire with security, re- legislation, had my vote been properly re- ticular I want to thank—all of those who have spect, and dignity. corded I would have voted ‘‘yea’’ on rollcall served on my staff now at the end or any time It is often said that Mr. OBEY was tough and vote 661. during these nine terms. Present and recent rough on the outside, but I always found him f staff members include Bob Siggins, Melanie to be a kind, warm soul who knew the impor- HONORING INDIVIDUALS FOR Rhinehart Van Tassel, Stacy Austad, Brenden tance and magnitude of his responsibilities THEIR WORK ON BEHALF OF THE Timpe, Adam Durand, Dustin Olson, Diane and carried them out with the humble exper- PEOPLE OF THE FIRST CON- Oakley, Chris Cunningham, Matt Pearce, Hil- tise of a legislative master. ‘‘I started as a shy GRESSIONAL DISTRICT OF OHIO lary Price, David Grant, Annie Finkenbinder, boy from a troubled family of modest means,’’ Ross Keys, Joan Carlson, Dianne Mondry, Rep. OBEY once said. Well, that shy boy has HON. STEVE DRIEHAUS Nick Keaveny, Geoff Greenwood, Bill made a lifetime of contributions to our country Heigaard, and Erin Hill. OF OHIO that will be judged by history as both profound They are extraordinarily talented and dedi- IN THE HOUSE OF REPRESENTATIVES and far reaching. People who will never know cated individuals, reflective of the wonderfully DAVID OBEY are living better lives with more Wednesday, December 22, 2010 gifted staff members I have been privileged to opportunities because of him. The State of Mr. DRIEHAUS. Madam Speaker, I would work with for the 18 years of my service in the Wisconsin and the United States are better like to recognize the following individuals for House.

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23628 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 22, 2010 Now I look forward to more time with my ride and pass its fees on to our constituents PERSONAL EXPLANATION wife, Mary, and my children, Kathryn and throughout the United States. Scott, as this term ends and my membership Section 313 of the Federal Water Pollution HON. DANNY K. DAVIS in this body ceases. Control Act states, ‘‘Each department, agency, OF ILLINOIS I thank my colleagues for their commitment or instrumentality . . . of the Federal Govern- to work so hard to serve their constituents and IN THE HOUSE OF REPRESENTATIVES our country. ment . . . shall be subject to, and comply with Wednesday, December 22, 2010 all Federal, State, interstate, and local require- I have been richly blessed to have had the Mr. DAVIS of Illinois. Madam Speaker, I chance to work with you in the people’s ments . . . in the same manner, and to the same extent as any nongovernmental entity was unable to cast votes on the following leg- House—the United States Congress. islative measures. If I were present for roll call f including the payment of reasonable service charges.’’ However, the Government Account- votes, I would have voted ‘‘aye’’ for each of the following votes: PERSONAL EXPLANATION ability Office issued letters to Federal agencies Roll 657, December 21, 2010: On Agreeing in the District of Columbia instructing them not to the Resolution: H. Res. 1771, Waiving a re- to pay the District of Columbia’s Water and HON. ADAM SMITH quirement of clause 6(a) of rule XIII with re- OF WASHINGTON Sewer Authority’s (D.C. Water’s) Impervious spect to consideration of certain resolutions IN THE HOUSE OF REPRESENTATIVES Area Charge. D.C. Water calculates the reported from the Committee on Rules, and Wednesday, December 22, 2010 charges to manage stormwater runoff based providing for consideration of motions to sus- on the amount of impervious land occupied by pend the rules. Mr. SMITH of Washington. Madam Speaker, the landowner. Impervious surfaces, such as on Tuesday, December 21 and Wednesday, Roll 658, December 21, 2010: On Motion to roofs, parking lots, sidewalks and other hard- Suspend the Rules and Pass: H.R. 6540, De- December 22, 2010, I was unable to be ened surfaces are the major contributors to present for recorded votes. fense Level Playing Field Act. stormwater runoff entering the sewer system Had I been present, I would have voted: Roll 659, December 21, 2010: On Motion to and local rivers, lakes and streams, causing ‘‘yes’’ on rollcall vote No. 657 (on agreeing to Concur in the Senate Amendment: H.R. 5116, the resolution H. Res. 1771); ‘‘yes’’ on rollcall significant amounts of pollutants to enter these America COMPETES Reauthorization Act. vote No. 658 (on the motion to suspend the waters. This bill clarifies that in my district and Roll 660, December 21, 2010: On Motion to rules and pass H.R. 6540); ‘‘yes’’ on rollcall all others congressional districts, Federal Concur in the Senate Amendment: H.R. 2142, vote No. 659 (on the motion to concur in the agencies must continue to pay their utility fees GPRA Modernization Act of 2010. Senate amendment to H.R. 5116); ‘‘yes’’ on instead of passing the fees to our constituents. Roll 661, December 21, 2010: On Motion to rollcall vote No. 660 (on the motion to concur Nothing in this Act was intended to affect Concur in the Senate Amendments: H.R. in the Senate amendment to H.R. 2142); the payment by the United States or any de- 2751, FDA Food Safety Modernization Act. ‘‘yes’’ on rollcall vote No. 661 (on the motion partment, independent establishment, or agen- Roll 662, December 21, 2010: On Motion to Concur in the Senate amendment to House to concur in the Senate amendments to H.R. cy thereof of any sanitary sewer services fur- amendment to Senate amendment: H.R. 3082, 2751); ‘‘yes’’ on rollcall vote No. 662 (on the nished by the sanitary sewage works of the Making appropriations for military construction, motion to concur in the Senate amendment to District through any connection thereto for di- the House amendment to the Senate amend- the Department of Veterans Affairs, and re- rect use by the government of the United lated agencies for the fiscal year ending Sep- ment to H.R. 3082); ‘‘yes’’ on rollcall vote No. States or any department, independent estab- 663 (on the motion to suspend the rules and tember 30, 2010, and for other purposes. lishment, or agency thereof. The rules for pass H.R. 6547); and ‘‘yes’’ on rollcall vote Roll 663, December 21, 2010: On Motion to those payments are set forth in law codified at No. 664 (on the motion to concur in the Sen- Suspend the Rules and Pass: H.R. 6547, Pro- section 34–2112 of the D.C. Code and nothing ate amendment to H.R. 847). tecting Students from Sexual and Violent in this Act amends or otherwise affects those f Predators Act. rules. This bill requires that Congress make Roll 664, December 21, 2010: On Motion to S. 3481—A BILL TO AMEND THE available, in appropriations acts, the funds that Concur in the Senate Amendment: H.R. 847, FEDERAL WATER POLLUTION could be used for to pay stormwater manage- James Zadroga 9/11 Health and Compensa- CONTROL ACT ment charges, but not that the appropriations tion Act. act would need to state specifically or ex- HON. ELEANOR HOLMES NORTON pressly that the funds could be used to pay f these charges. OF THE DISTRICT OF COLUMBIA PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES This bill is supported by the National Gov- Wednesday, December 22, 2010 ernors Association, the National Conference of HON. DEAN HELLER State Legislatures, the Council of State Gov- Ms. NORTON. Madam Speaker, I rise today OF NEVADA ernments, the National Association of Coun- in strong support of S. 3481 to amend the IN THE HOUSE OF REPRESENTATIVES Federal Water Pollution Control Act, which ties, the National League of Cities, the U.S. Wednesday, December 22, 2010 clarifies that the Federal Government, like pri- Conference of Mayors, the International City/ vate citizens and businesses, must take re- County Management Associations, as well as Mr. HELLER. Madam Speaker, on rollcall sponsibility for the pollution it produces. This the National Association of Clean Water Agen- No. 662 I was unavoidably detained. bill is the Senate companion to my bill, H.R. cies. All of these national groups understand Had I been present, I would have voted 5724, cosponsored by my good friends from that stormwater management fees, without ‘‘no.’’ Virginia and Arizona, Rep. JIM MORAN and any exceptions, are necessary for managing Rep. GABRIELLE GIFFORDS. The bill passed the and reducing water pollution caused by f Senate with strong bipartisan support because stormwater runoff. Moreover, they understand the Senate understood that this is simply an that many agencies in States and localities PERSONAL EXPLANATION issue of fairness and equity to users and a may stop paying their water and stormwater matter of managing pollution and protecting management fees if we do not act, putting HON. DEAN HELLER the environment, In fact, this bill simply clari- even more financial burden on residents. OF NEVADA fies current law, that the Federal Government Federal law has mandated that these local IN THE HOUSE OF REPRESENTATIVES has a responsibility to pay its normal and cus- governments must collect these fees. No ex- Wednesday, December 22, 2010 tomary fees assessed by local governments emption has been granted to Federal facilities. for managing polluted stormwater runoff from Mr. HELLER. Madam Speaker, on roll call federal properties, just as private citizens pay. Please support S. 3481 to clarify the original No. 663, I was unavoidably detained. The consequence of failing to pass this bill is intent of the law. Had I been present, I would have voted that we give the Federal Government a free I urge my colleagues to support this bill. ‘‘yes.’’

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 23629 PERSONAL EXPLANATION Telese continues to support the military, volun- tagon as a young analyst, and as a practicing teering his time and talents to the Dallas Sum- lawyer, I made many good friends, but few as HON. EARL BLUMENAUER mer Boat Show Tournament of Heroes Invita- good as the friends I have made here. Of all OF OREGON tion Bass Fishing Tournament which provides the things I will miss, I will miss most the fel- IN THE HOUSE OF REPRESENTATIVES a much deserved break for our military he- lowship and camaraderie. roes. I first experienced Congress as a young Wednesday, December 22, 2010 As we adjourn today, let us do so in mem- Army officer in the Pentagon, working for the Mr. BLUMENAUER. Madam Speaker, due ory and in honor of those who answer the call Assistant Secretary of Defense (Comptroller) to an illness, I was unable to be in Wash- to duty and to whom we owe a debt of grati- on defense contractors in financial distress, ington, DC, for votes on December 21, 2010 tude that can never be paid. mainly Lockheed Aircraft Corporation. As staff and December 22, 2010. f at the Department of Defense, we did a lot of Had I been present for the votes on Tues- work that I thought staff at Congress should day, December 21, 2010, I would have voted PERSONAL EXPLANATION be doing, particularly if Congress hoped to be as follows: a co-equal branch. The greatest difference be- Rollcall vote No. 662: I would have voted in HON. ERIK PAULSEN tween Congress then, from ’69 through ’71, favor of the Motion to Concur in the Senate OF MINNESOTA and Congress 12 years later, when I came amendment to House amendment to Senate IN THE HOUSE OF REPRESENTATIVES here in 1983 as an elected member, was staff. amendment on H.R. 3082, the Continuing Ap- Committee staff and members’ staff both had Wednesday, December 22, 2010 propriations Act for 2011. grown greatly, in quality and quantity. As a re- Had I been present for the votes on Mr. PAULSEN. Madam Speaker, on rollcall sult, today’s Congress is better staffed and Wednesday, December 22, I would have No. 657, (H. Res. 1771), my flight was de- equipped, more effective and independent, voted as follows: layed due to weather and had I been present, and a lot closer to being co-equal. Rollcall vote No. 663: I would have voted in I would have voted ‘‘no.’’ I have had the good fortune of working with favor of the Motion to Concur in the Senate f talented staff in my office and on the commit- amendment to H.R. 847, the James Zadroga tees where I have served; and as I leave, I 9/11 Health and Compensation Act. PERSONAL EXPLANATION thank them all, because anything I have done f of significance, I did with their good help. HON. DEAN HELLER My first quest in Congress was to get a TRIBUTE TO LIEUTENANT COLO- OF NEVADA good committee assignment. After two days of NEL ALPHONSE R. TELESE JR. IN THE HOUSE OF REPRESENTATIVES bidding, I had struck at every option and never AND SPECIALIST JIM scored a hit. I was at a loss for where to go BATCHELOR Wednesday, December 22, 2010 when Tony Coelho sought me out and offered Mr. HELLER. Madam Speaker, on rollcall me a seat on the House Armed Services HON. RALPH M. HALL No. 657, I was unavoidably detained. Had I Committee. OF TEXAS been present, I would have voted ‘‘no.’’ The HASC dove-tailed nicely with my district IN THE HOUSE OF REPRESENTATIVES f because the Fifth District includes Shaw Air Force Base. But as important as Shaw is, I Wednesday, December 22, 2010 PERSONAL EXPLANATION learned that other members had defense inter- Mr. HALL of Texas. Madam Speaker, as we ests far larger than mine. Since I was not car- approach the close of the 111th Congress, it HON. RUBE´N HINOJOSA rying water for a large defense constituency, I is important to remember our men and women OF TEXAS had the independence to take on troubled sys- in uniform around the world. These brave men IN THE HOUSE OF REPRESENTATIVES tems, like the DIVAD, the Division Air Defense and women sacrifice every day to ensure that gun, which my amendment effectively killed; or United States citizens enjoy the freedom that Wednesday, December 22, 2010 the MX , which I voted to stop at 50 missiles, we all cherish. We pay tribute as well to our Mr. HINOJOSA. Madam Speaker, I regret or binary chemical weapons, which my wounded warriors and wish them a safe and that I was unavoidably detained. Had I been amendments helped side-track and eventually happy holiday season. present, I would have voted ‘‘aye’’ on rollcall derail. One such hero is retired specialist Jim No. 660 and 661. In selecting members for every committee, Batchelor who has served his country proudly f the leadership tries to match the member’s in- for over three and a half years. During his ten- terests at home with his committee in the ure in the Army he has earned numerous REFLECTIONS House. That’s natural and to be expected, but awards and decorations, including the Purple we should also select members for ballast— Heart, Combat Infantry Badge, expert badges HON. JOHN M. SPRATT, JR. members free to act, ask hard questions, and in driving and marksmanship, good conduct OF SOUTH CAROLINA offer amendments. medals, and Army Commendation medals. Not IN THE HOUSE OF REPRESENTATIVES At the time I took my seat on Armed Serv- allowing his military injury to slow him down, ices, the nation was engaged in the biggest he has finished his degree in criminal justice Wednesday, December 22, 2010 defense build-up in our peace-time history, and is now pursuing a master in psychology to Mr. SPRATT. Madam Speaker, when I was and the committee chairman presiding over help his fellow soldiers returning from the war. elected to Congress 28 years ago, it was the this build-up was well past his prime. Elderly He and his wife, Antoinette, live in Cooper fulfillment of a life-long ambition. But I had and weak, he could barely be heard over the Texas, and are expecting the birth of their first never served in elective office before, and din of noise in the committee room. When Les child. frankly, I wondered how well it would wear— Aspin let it be known that he was going to run Another hero who deserves tribute is retired all the back-slapping and glad-handing and for the chair, and leap-frog six senior mem- Lieutenant Colonel Alphonse R. Telese Jr. Mr. garrulous talk. bers, I was among the first to offer support. Telese served in the U.S. Army for over 32 My first revelation was to find that this We prevailed, and over the next five years, years before retiring in August of 2008. It was House is not made up of back-slappers and Aspin allowed me to set up and chair two pan- during his tour of duty in Iraq that he was per- glad-handlers. It is made up of members who els, the first on Reagan’s Strategic Defense manently injured during a mortar attack. He work hard to get here, many out of patriotic Initiative, and the second, on the nuclear has received numerous awards and decora- purpose, hoping that they in their time can weapons complex. Though both were impor- tions throughout his distinguished career. contribute something worthy of this great tant, neither was receiving the attention it de- These include the Legion of Merit award, Na- country. Most of the members are extroverted served by the committee or any of its sub- tional Defense Medal, and the Global War on and energetic, and have to be, to get elected committees, due to other issues or a lack of Terrorism Expeditionary Medal, to name a every two years. interest in these. few. Today, he and his wife Tierney reside in At Davidson College, my alma mater; at Ox- Because of our oversight, we were able to Frisco, Texas. Since his retirement, LTC ford on scholarship; at Yale Law; in the Pen- pare back the SDI budget; shift funds from

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23630 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 22, 2010 strategic missile defense to theater missile de- other members to discuss defense issues with leadership here in the House of Representa- fense, and wipe out a few far-fetched systems the incoming president. I used my time to en- tives. Well done, JOHN SHADEGG. altogether. For example, my amendment de- courage President Bush to apply the surplus f leted funding for the space-based interceptor. in Social Security to buy outstanding Treasury In the press release accompanying passage of debt, and reduce Treasury debt held by the HONORING THE LIFE AND SERVICE the defense bill, the headline read: ‘‘House public. This would increase net national sav- OF PFC JAYSINE P.S. PETREE Takes the Star out of Star Wars.’’ President ing, lower public debt, and be a long step to- Reagan did not find it amusing; he vetoed the ward making Social Security solvent. The HON. MADELEINE Z. BORDALLO defense bill, but after many years and billions president-elect professed interest but not for OF GUAM of dollars, our cuts have stood the test of time. long, and by 2004, the deficit was over $400 IN THE HOUSE OF REPRESENTATIVES After two years, we had to return SDI to the billion. Wednesday, December 22, 2010 Research and Development Subcommittee, so President George W. Bush was greeted as we set up a new panel dealing with nuclear fa- he took office by a surplus of $200 billion. Ms. BORDALLO. Madam Speaker, I rise cilities. The Cold War had enabled our nuclear When he left office in 2009, the surplus was today to honor the service and sacrifice of complex to put off environmental and safety gone, and the deficit projected for that fiscal United States Army Private First Class Jaysine issues. To deal with these problems, we shift- year was $1.2 trillion. P.S. Petree. PFC Petree was assigned to the ed nearly a billion dollars from Defense to En- As I leave Congress, the deficit is hovering 109th Transportation Company, 17th Combat ergy, and saved over a billion dollars by stop- around a trillion dollars and while improving, Sustainment Battalion, 3rd Maneuver En- ping the Special Isotope Separator, a laser- current deficits exceed the deficits of the mid- hancement Brigade at Fort Richardson, Alas- driven process to produce plutonium, even 1990s by every measure. But the process of ka. On September 24, 2010, PFC Petree though the Secretary of Energy acknowledged resolving both is basically the same: every- passed away in support of Operation Enduring we were ‘‘awash in plutonium.’’ thing must be on the table and everyone must Freedom in Afghanistan. She was 19 years We scored a number of such successes, be at the table. old. but the most satisfying took place largely off As the menu for such a meeting, the Presi- Known by her friends as ‘‘Jen’’, PFC Petree stage where we made the case for a morato- dent’s Fiscal Commission has submitted a was born in the Philippines and moved to rium on nuclear testing. We first helped Rep- plate full of recommendations. I served on the Guam in 2002. PFC Petree attended Simon resentative. Kopetski draft a bill calling for an commission and voted for the report, even Sanchez High School in Yigo, Guam, where immediate cessation of testing, and we then though I do not support all of its proposals. I she excelled in both academics and inter- drafted an alternative that we thought the Sen- cast an ‘‘aye’’ because our country is in des- scholastic sports. Shortly after her graduation ate would pass allowing for a few final tests perate need of a plan for balancing the budget in 2009, PFC Petree enlisted in the U.S. before declaring a moratorium. We proposed and making Social Security and Medicare sol- Army, and on September 24, 2010, she made the alternative to Senators Exon and Hatfield, vent. These will not be popular—far from it— the ultimate sacrifice while defending our Na- who took up its support and moved it to pas- but as they shore up our economy, they will tion’s freedom in support of combat operations sage through the Energy and Water Appro- prove their worth and raise the standing of in Afghanistan. I join our community in mourn- priations bill. This saved the moratorium from Congress in the eyes of our countrymen. I am ing the loss of PFC Petree and I offer my being vetoed because the super-collider was sorry that I will not be here to lend my sup- most sincere condolences to her parents, Her- also in this bill, and President Bush wanted it port, but as a parting gesture, I urge the bert and Jayne Sucgang Petree, and to her to be funded. House to go for it. many family and friends. We are eternally Another satisfying measure: my substitute to I will remember with pride my 28 years in grateful for her service and will never forget the war powers resolution authorizing Presi- the House of Representatives and our positive the sacrifices of PFC Petree. May God bless the family and friends of dent Bush to use force against Iraq. This sub- accomplishments over that time. I am told that PFC Jaysine P.S. Petree, God bless Guam, stitute authorized the force needed to search only 500 members have served in the House and God bless the United States of America. for weapons of mass destruction, but before for as long as 28 years. I thank my constitu- going further, it called on the president to seek ents for that opportunity, and hope that history f the sanction of the U.N. Security Council, as will show that I used it to make this a better PERSONAL EXPLANATION his father had done, and to come back to country in ways that stood the test of time. Congress with the case for a broader use of f force, which would be received with a fast- HON. DEAN HELLER track guaranty, an up-or-down vote in the HONORING JOHN SHADEGG OF NEVADA House and Senate. My substitute did not pre- IN THE HOUSE OF REPRESENTATIVES vail, but it drew 157 votes, and gave many HON. JEFF FLAKE Wednesday, December 22, 2010 members a position they could uphold. OF ARIZONA Mr. HELLER. Madam Speaker, on rollcall I made my mark in the House on defense, IN THE HOUSE OF REPRESENTATIVES No. 664 I was unavoidably detained. but during most of my 28 years, my greatest Wednesday, December 22, 2010 Had I been present, I would have voted concern was the budget and chronic deficits. ‘‘no.’’ In 1997, I was elected by the Democratic Cau- Mr. FLAKE. Madam Speaker, I rise today to f cus as ranking member of the Budget Com- honor a valued member of the Arizona delega- mittee. I ran against opposition and told the tion, JOHN SHADEGG. A ONE-OF-A-KIND-MINNESOTAN: caucus that if I was elected, we would ‘‘finish JOHN SHADEGG is ending his service to this WIN WALLIN the job’’ of balancing the budget that began institution after 16 years. He came here in with President Clinton’s first budget. About the 1994 and has served the State of Arizona ex- HON. ERIK PAULSEN same time, Erskine Bowles returned to Wash- tremely well during that time. During his time OF MINNESOTA OHN ington to be the President’s Chief of Staff, and here, J promoted the principles of limited IN THE HOUSE OF REPRESENTATIVES when he paid me a courtesy call, he told me government, economic freedom, and individual that he had the same understanding with the responsibility, and has stayed true to his Wednesday, December 22, 2010 President. With the President’s encourage- ideals while proudly serving the people of Ari- Mr. PAULSEN. Madam Speaker, today I ment, the four budget principals in the House zona’s Third District. rise to honor the life of Winston ‘‘Win’’ Wallin: and Senate began meeting, and by May 1997 Arizona has a habit of producing great legis- businessman, philanthropist, pioneer and one- we had hammered out a balanced budget lators, including Barry Goldwater, Mo Udall, of-a-kind Minnesotan. agreement which worked. By 1998, the budget Carl Hayden, and others; JOHN SHADEGG’s Born in Minneapolis in 1926, Win, like so was in balance for the first time in 30 years. name will certainly be added to that illustrious many in his generation, served in the military President Bush took office with an advan- list. during World War II. After two years as a tage few presidents have enjoyed, a budget in I want to pay tribute to JOHN today and tell Navy pilot, he earned a bachelor’s degree in balance, in the black by $236 billion the year him how much the Arizona delegation, and all business administration from the University of before. I was invited to Austin, Texas with 12 of us will miss his steady, constant, principled Minnesota.

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 23631 Following graduation, Win began a long and at Purple Kerpels School of Mechanical Den- clean energy, and science and technology, industrious career with Pillsbury, rising through tistry in New York City, NY. He then studied with unprecedented accountability. (Signed the ranks to Chief Operations Officer. 4 years at the Jones Barber School in Atlantic into Law) SMALL BUSINESS JOBS ACT, landmark In the mid-80’s, Win left Pillsbury to head a City, NJ, and the Interracial Barber College in legislation providing $12 billion in tax relief little-known, struggling medical device com- Atlantic City, NJ, graduating in 3 years. After for small businesses by enacting 8 more pany based in Minnesota, named Medtronic. graduation, he moved to Paterson, N.J. in small business tax cuts on top of the 8 al- Win’s leadership and determination, changed January 1958 and opened Quince’s Barber ready enacted by this Congress; creating up the face of Medtronic. Today it is the world’s Shop. to 500,000 jobs, by leveraging up to $300 bil- largest medical device company. He was married to Mary M. Quince for 61 lion in private sector lending for small busi- Although Win brought great success to the years, and together they raised five children, nesses through a $30 billion lending fund for companies he led, his life cannot simply be Wiley ‘‘Sonny’’ Quince, William A. Quince community banks; fully paid for—doesn’t add a dime to the deficit. (Signed into Law) measured in their bottom lines, but rather in (Linda), Madgeline Z. Quince, Sylvia A. Lucas, TEACHER JOBS/STATE AID/CLOSING the countless lives he touched through his and Kelvin C. Quince (Cora); and also now TAX LOOPHOLES, creating and saving near- philanthropic endeavors. have 10 grandchildren and 13 great-grand- ly 320,000 jobs; providing $10 billion to save Win was a true believer in empowerment children. Mr. Quince was a faithful husband, 161,000 teacher jobs and $16 billion in Med- through higher education. Since 1986, Win dedicated father, grandfather and great-grand- icaid aid, with the effect of creating/saving and his wife Maxine have helped over 3,000 father, and a committed community servant. 158,000 jobs, including police officers, fire- high school students make the dream of a col- He earned many accolades and had a long fighters, nurses & private sector workers; fully paid for by closing loopholes that en- lege education a reality through their Wallin record of accomplishment as a forerunner for courage companies to ship American jobs Scholarship. civil rights and a leader throughout Paterson. overseas; cutting deficit by $1.4 billion. While Minnesota will never be able to re- He was a long-time member of First A.M.E. (Signed into Law) place Win, his legacy lives on through the Zion Church, where he was elected Man Of STUDENT AID & FISCAL RESPONSI- lives he has touched and the state he has The Year multiple times, served on the Board BILITY ACT, making the largest investment made better through his presence. of Trustees for 31 years and served as Chair- in college aid in history—increasing Pell man for 15 years. He also served on the Grants, making college loans more afford- f able, and strengthening community col- Stewart Board, Usher Board, The Dreamers, leges—while reducing the federal deficit by CONGRATULATING THE FERGUSON The Kitchen Cabinet, and The Zion Seniors. FAMILY ending wasteful student loan subsidies to He served our nation as a Drill Sergeant banks. (Signed into Law) during World War II Army Air Force and re- HIRE ACT, creating up to 300,000 jobs, by HON. JOE WILSON ceived the Medal of Good Conduct, WWII Vic- providing a payroll tax holiday for busi- OF SOUTH CAROLINA tory Medal and ATO Medal. He was an Hon- nesses that hire unemployed workers and a ored Life Member of the NAACP Paterson tax credit for businesses that retain these IN THE HOUSE OF REPRESENTATIVES workers; also unleashes tens of billions of Wednesday, December 22, 2010 Branch, a member of the Habitat for Humanity dollars to rebuild infrastructure; fully paid Paterson Chapter Tenants Selection Com- for by cracking down on offshore accounts Mr. WILSON of South Carolina. Madam mittee for Home Ownership. He was the first for wealthy. (Signed into Law) Speaker, congratulations to our former Col- African-American elected chairman of the CASH FOR CLUNKERS, jump-starting the league from New Jersey, Mike Ferguson, and Paterson Housing Authority Board of Commis- U.S. auto industry, providing consumers his wife Maureen Ferguson on the birth of sioners, and he served as Project Housing with up to $4,500 to trade in an old vehicle their new daughter Lucy Therese Ferguson. Manager of Christopher Columbus Housing for one with higher fuel efficiency—spurring Lucy was born on Wednesday, December 15, the sale of 700,000 vehicles. (Signed into Law) Development and as Manager of the Riverside WORKER, HOMEOWNERSHIP & BUSI- 2010, at Sibley Hospital in Washington, DC. Terrace Housing Development. He also NESS ASSISTANCE ACT, boosting the econ- Lucy Therese Ferguson is eight pounds and served as Paterson’s Fourth Ward Leader of omy and creating jobs with more unemploy- two ounces of pride and joy to her loving the Passaic County Democratic Party for ment benefits for Americans hit by the re- grandparents, Patrick and Esther Malloy of many years. He was known for his superb so- cession, an expanded 1st-time homebuyer tax West Swanzey, New Hampshire, and Tom cial mannerisms and good conversation. credit, and enhanced small business tax re- Ferguson of Wellington, Florida. I am so ex- The job of a United States Congressman in- lief—expanded to all struggling U.S. busi- cited for this new blessing to the Ferguson volves much that is rewarding, yet nothing nesses. (Signed into Law) family and wish them all the best. U.S. MANUFACTURING ENHANCEMENT compares to recognizing the lifetime achieve- ACT, to help U.S. manufacturers compete at f ment of a giving person such as Sergeant home and abroad by temporarily suspending Willie James Quince. or reducing duties on intermediate products POSTHUMOUS TRIBUTE TO Madam Speaker, I ask that you join our col- or materials these companies use that are SERGEANT WILLIE JAMES QUINCE leagues, Willie’s family and friends, and me in not made domestically. (Signed into Law) recognizing the late Sergeant Willie James UNEMPLOYMENT BENEFITS EXTEN- HON. BILL PASCRELL, JR. SION, extending unemployment benefits to Quince’s outstanding life of service to his com- millions of American families through No- OF NEW JERSEY munity. vember 30, 2010; every dollar of unemploy- IN THE HOUSE OF REPRESENTATIVES f ment benefits creates at least $1.61 in eco- Wednesday, December 22, 2010 nomic activity. (Signed into Law) LEGISLATIVE ACTIONS CURRENCY REFORM/FAIR TRADE, to Mr. PASCRELL. Madam Speaker, I would promote U.S. manufacturing jobs, by giving like to call your attention to the life and work HON. JOHN J. HALL our government effective tools to address the of an outstanding individual, the late Sergeant unfair trade practice of currency manipula- OF NEW YORK Willie James Quince of Paterson, New Jersey, tion by foreign countries, including China; whose life was celebrated during a memorial IN THE HOUSE OF REPRESENTATIVES their undervalued currency makes Chinese Wednesday, December 22, 2010 exports cheaper and America’s exports to service on Monday, November 29, 2010, at China more expensive, putting U.S. manufac- the First A.M.E. Zion Church. Mr. HALL of New York. Madam Speaker, I turers at an unfair disadvantage; bill is It is only fitting that he be honored in this, would like to submit the following: WTO-compliant. (Passed by House) the permanent record of the greatest democ- AMERICAN JOBS AND CLOSING TAX LEGISLATIVE ACTIONS racy ever known, for he served countless oth- LOOPHOLES ACT, to promote American ECONOMIC RECOVERY AND CREATING JOBS ers throughout his lifetime. jobs by restoring credit to small businesses, Sergeant Willie James Quince was born in AMERICAN RECOVERY & REINVEST- extending tax incentives for American R&D MENT ACT, enacted to jumpstart our econ- and tax relief for middle class American fam- Valdosta, Georgia in 1921 to Mr. Remer omy, create and save 3.5 million jobs, give a ilies, rebuilding American infrastructure, Quince and Helen Braswell. His family moved tax cut to small business and 95% of Amer- and expanding jobs for young people; and to to West Palm Beach, Florida, where he fin- ican workers, begin to rebuild America’s close tax loopholes to make Wall Street bil- ished elementary school and graduated from road, rail, and water infrastructure, and lionaires pay their fair share of taxes. Industrial High School. He went on to courses make a historic commitment to education, (Passed by House)

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HOME STAR JOBS, to create 168,000 Amer- HELPING HOMEOWNERS using to break up the oil slick in the Gulf of ican jobs making energy efficiency products, HELPING FAMILIES SAVE THEIR Mexico are safe, the EPA ordered BP to by providing incentives for consumers to HOMES ACT, to stem the foreclosure crisis, choose a less toxic chemical. The Wash- make their homes energy-efficient—cutting with significant incentives to lenders, ington Post reported the EPA ordered the energy bills for 3 million families and reduc- servicers, and homeowners to modify loans. change following a hearing by the House ing our dangerous dependence on foreign oil (Signed into Law) Transportation and Infrastructure Com- and dirty fuels. (Passed by House) FHA REFORM, to shore up federal mort- mittee at which I questioned BP’s use of RURAL STAR/HOME STAR LOANS, to gage insurance in order to expand homeown- hundreds of thousands of gallons of chemical create tens of thousands more U.S. jobs, by ership opportunities by making essential re- dispersants. creating Rural Star loans for people in rural forms to strengthen the financial footing of SPILL ACT, to reform maritime liability America to make their homes and farms the Federal Housing Administration, saving laws to ensure that the families of those more energy-efficient; and a Home Star Loan taxpayers $2.5 billion over 5 years. (Passed killed or injured in the BP Oil Spill and Program for no-interest loans for energy effi- by House) other such tragedies are justly compensated ciency home upgrades in other areas; boosts FLOOD INSURANCE REAUTHORIZATION for their losses. (Passed by House) demand for energy efficient products/mate- & REFORM, reauthorizing the National BP OIL SPILL COMMISSION SUBPOENA rials and construction and installation serv- Flood Insurance Program, upon which mil- POWER, to give subpoena power to National ices that are made in America. (Passed by lions of American families and businesses Commission on BP Oil Spill to ensure that it House) rely, for five years and making key reforms cannot be stonewalled by BP or others in its PROTECTING AMERICAN PATENTS, pro- to put the program on a stronger financial search for spill’s causes. (Passed by House) viding funding, fully offset, to prevent addi- footing. (Passed by House) OMNIBUS PUBLIC LAND MANAGEMENT tional backlogs in patent applications, as ACT, the most significant conservation bill AFFORDABLE QUALITY patents are critical to American innovation in 15 years, strengthening tourism and rural and economic growth. (Signed into Law) HEALTH CARE HEALTH INSURANCE economies with more than 2 million new AMERICA COMPETES REAUTHORIZA- REFORM, landmark legislation putting acres of wilderness and parks. (Signed into TION, to invest in modernizing manufac- American families and small business own- Law) turing; basic R&D; high risk/high reward ers—not the insurance companies—in control FISCAL RESPONSIBILITY & GOVERNMENT clean energy research; and teaching science, of their own health care; lowering costs for REFORM technology, engineering and math. (Passed middle class and small business; holding in- by House) surance companies accountable to prevent BUDGET BLUEPRINT, creating jobs with JOBS FOR MAIN STREET ACT, to boost denials of care and coverage, including for investments in health care, clean energy and small business and to rebuild highways and pre-existing conditions; strengthening Medi- education; cutting taxes for most Americans transit; paid for by redirecting TARP funds care and lowering prescription drug costs; by $1.5 trillion; cutting Bush deficit by more from Wall Street to Main Street. (Passed by creating up to 4 million jobs; and reducing than half by 2013. (Action Completed) House) deficit by largest amount in almost two dec- BUDGET ENFORCEMENT RESOLUTION, SMALL BUSINESS & INFRASTRUCTURE ades. (Signed into law) setting a limit on discretionary spending for JOBS ACT, to extend Build America Bonds HEALTH CARE FOR 11 MILLION CHIL- FY 2011 that requires spending cuts of $7 bil- to help finance the rebuilding of schools, DREN, to finally provide cost-effective lion below the President’s budget and $3 bil- hospitals, roads and bridges; and target tax health coverage for 4 million more children lion below Senate. (Action Completed) incentives to spur investment in small busi- and preserve coverage for 7 million children STATUTORY PAY-AS-YOU-GO, to restore nesses and help entrepreneurs looking to already enrolled. (Signed into Law) 1990s law that turned record deficits into sur- start a new business. (Passed by House) FDA REGULATION OF TOBACCO, grant- pluses, by forcing tough choices; Congress EDWARD M. KENNEDY SERVE AMERICA ing the Food and Drug Administration au- must offset new policies that reduce reve- ACT, tripling volunteerism opportunities to thority to regulate advertising, marketing, nues or expand entitlements. (Signed into 250,000 for national service for students to re- and manufacturing of tobacco products, the Law) tirees; increased college financial awards. #1 cause of preventable U.S. deaths, and to IMPROPER PAYMENTS ELIMINATION, (Signed into Law) stop tobacco companies from targeting our to help identify and eliminate improper fed- PERMANENT ESTATE TAX RELIEF at children. (Signed into Law) eral payments, as well as recover lost funds the 2009 level to ensure that 99.8 percent of ENSURING SENIORS’ ACCESS TO THEIR that federal agencies have spent improperly. estates never pay a dime of taxes and offer DOCTORS, by blocking scheduled 21% cut in (Signed into Law) certainty and stability for farmers and small Medicare physician payments through No- WEAPON SYSTEMS ACQUISITION RE- businesses. (Passed by House) vember 30, 2010 and also updating payments FORM, cracking down on Pentagon waste and cost overruns in the acquisition of weap- PROTECTING CONSUMERS by 2.2%. (Signed into Law) FOOD SAFETY, to fundamentally change on systems, increasing oversight and com- WALL STREET REFORM, historic reforms the way we protect our food supply; close petition. (Signed into Law) to end taxpayer-funded bailouts and the idea gaps exposed by recent food-borne illness REFORMING OTHER DOD ACQUISITION, of ‘‘too big to fail,’’ and protect and empower outbreaks; give the FDA new authorities. cleaning up DOD acquisition spending for the consumers to make the best decisions on (Passed by House) 80 percent that is for services and other non- mortgages, credit cards, and their own finan- RYAN WHITE HIV/AIDS TREATMENT weapons items, saving taxpayers an esti- cial future. Lack of accountability for Wall EXTENSION ACT, guaranteeing access to mated $27 billion a year. (Passed by House) Street and big banks cost 8 million jobs. lifesaving medical services, primary care, DISCLOSE ACT, to fight a corporate take- (Signed into Law) and medications for low-income patients over of our elections, requires them to dis- CREDIT CARDHOLDERS’ BILL OF with AIDS and HIV. (Signed into Law) close they are behind political ads; bans for- RIGHTS, providing tough new protections CLEAN ENERGY JOBS/HOLDING BP ACCOUNTABLE eign-controlled corporations from putting already saving consumers money—like ban- money in U.S. elections. (Passed by House) ning unfair rate hikes, abusive fees, and pen- AMERICAN CLEAN ENERGY AND SECU- alties—and strengthening enforcement. RITY ACT, historic legislation to create 1.7 NATIONAL SECURITY/TROOPS AND VETERANS (Signed into Law) million jobs (with the Recovery Act); help FY 2010 DEFENSE AUTHORIZATION, au- FRAUD ENFORCEMENT & RECOVERY free us from funding terrorism with our de- thorizing 3.4% troop pay raise, strengthening ACT, providing tools to prosecute mortgage pendence on foreign oil; reduce the carbon military readiness and military families sup- scams and corporate fraud that contributed pollution causing climate change; keep costs port, focusing our strategy in Afghanistan to financial crisis; creating an outside com- low for Americans; will not increase the def- and redeployment from Iraq. (Signed into mission to examine its causes. (Signed into icit. (Passed by House) Law) Law) RESPONSE TO BP OIL SPILL, a bill pro- I travelled to Iraq, Afghanistan, Germany, LILLY LEDBETTER FAIR PAY ACT, re- viding a comprehensive response to BP oil Kuwait, and UAE to visit with troops, and storing the rights of women and other work- spill—eliminating the $75 million cap on the receive updates from U.S. military leaders ers to challenge unfair pay—to help close the liability of oil companies, restoring the Gulf and NGOs. wage gap where women earn 78 cents for Coast and protecting local residents, impos- FY 2011 DEFENSE AUTHORIZATION, in- every $1 a man earns in America. (Signed ing new safety requirements and strength- creasing hostile fire and imminent danger into Law) ening oversight of offshore drilling, and pro- pay; extending TRICARE dependent coverage AIRLINE PASSENGER SAFETY, to im- tecting whistleblowers in offshore drilling up to age 26; and strengthening counterter- prove airline passenger safety, by several industry who report safety violations. rorism. (Passed by House) steps including strengthening commercial (Passed by House) REPEAL OF DON’T ASK, DON’T TELL, to pilot training requirements, requiring a min- Just hours after a Committee hearing dur- provide for the repeal of this outdated pol- imum of 1,500 flight hours required for an ing which I asked BP America’s President icy, contingent on the certification that airline pilot certificate. (Signed into Law) whether chemical dispersants they were military review completed and that repeal

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0689 Sfmt 0634 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 23633 would not impact readiness. (Signed into TRIBUTE TO AVIS GREEN TUCKER place in Missouri journalism and public service Law) is secure. Avis is survived by two nephews, IRAN SANCTIONS, significantly strength- HON. IKE SKELTON Bob and Richard Green. I know members of ening sanctions against Iran, including im- the Congress will join me in paying tribute to posing sanctions on foreign entities that sell OF MISSOURI refined petroleum to Iran or assist Iran in its IN THE HOUSE OF REPRESENTATIVES the life, achievements and service of Avis Green Tucker, and in extending our condo- domestic refining capacity. (Signed into Wednesday, December 22, 2010 Law) lences to her family and friends. VETERANS HEALTH CARE BUDGET RE- Mr. SKELTON. Madam Speaker, it is with f FORM & TRANSPARENCY ACT, a top pri- sorrow that I inform the House of the death of ority of veterans’ groups, authorizing Con- Mrs. Avis Green Tucker, a distinguished Mis- EMPTY CHAIR IN OSLO FOR LIU gress to approve VA medical care appropria- souri citizen from Warrensburg, in the 4th XIAOBO tions one year in advance to ensure reliable Congressional District. Avis Green Tucker was and timely funding and prevent politics from not just my own long-time friend. She was one HON. CHRISTOPHER H. SMITH ever delaying VA health care funding. of Missouri’s most highly respected newspaper (Signed into Law) OF NEW JERSEY I authored and introduced the Veterans publishers. She was a willing volunteer fre- IN THE HOUSE OF REPRESENTATIVES quently called to important service by Missouri Administration Claims Modernization Act. Wednesday, December 22, 2010 This law streamlined the VA benefits appli- governors from both political parties. And she cation process. It was based on problems I was a particularly inspiring role model among Mr. SMITH of New Jersey. Madam Speaker, heard directly from the experiences of local women leaders in our state. in the theatrical adaptation of Victor Hugo’s veterans as well as national VSOs. The law Avis and her husband, William Tucker, Les Miserables, Marius sings a haunting was called ‘‘the most sweeping reform of the bought the Daily Star-Journal in 1947 and the song—Empty Chairs and Empty Tables—an VA in a generation’’ by the Times Herald paper stayed in the Tucker family for some 60 expression of agony at the loss of his idealistic Record. years, until its sale in 2007 to another distin- comrades, gunned down on a barricade. I successfully advocated for a VA rule change to create an automatic service con- guished Missouri newspaper family, the Brad- ‘‘There’s a grief that can’t be spoken,’’ he nection for veterans diagnosed with PTSD leys of St. Joseph. Bill Tucker was serving as sings, ‘‘there’s a pain that goes on and on. after serving in combat. This change dra- publisher in Warrensburg when he died of a Empty chairs and empty tables, now my matically streamlines the process for vet- heart attack in 1966. Avis took over as one of friends are dead and gone . . . .’’ erans to receive appropriate care and com- the few female daily newspaper publishers in ‘‘Here it was they lit the flame . . . Here pensation. the Midwest. She once said: ‘‘I decided I was they sang about tomorrow and tomorrow Implemented the post-9/11 GI Bill to pro- going to run this paper. I was going to try. I never came . . . from the table in the corner vide for a college education for returning told everyone that I had more nerve than abil- they could see a world reborn . . . And they veterans. rose with voices ringing. I can hear them now FY 2010 MILITARY CONSTRUCTION–VA ity, which was the truth.’’ But that was a typi- APPROPRIATIONS, strengthening quality cally reticent and humble statement from a . . . Empty chairs and empty tables, where health care for 5 million veterans by invest- woman whose abilities were quite remarkable. my friends will meet no more . . . .’’ ing 11% more for medical care, benefits Those abilities were widely recognized. In When prisoner of conscience Liu Xiaobo, claims processors, and facility improve- 1982, Avis became the first female president Nobel Peace Prize winner for 2010, learned ments. (Signed into Law) of the Missouri Press Association. That was that he was selected, he wept and dedicated CAREGIVERS AND VETERANS OMNIBUS just one of many ‘‘firsts’’ achieved by Avis his prize to the martyrs of the 1989 HEALTH SERVICES, landmark legislation Tucker, including serving as the first female Tiananmen Square Massacre. providing help to caregivers of disabled, ill president of the Missouri Associated Dailies Throughout China today, families and or injured veterans, and improving VA health services for women veterans. (Signed organization, and becoming the first woman friends know heartbreaking loss and the agony into Law) inducted into the Missouri Press Association of empty chairs and empty tables—where AGENT ORANGE BENEFITS, providing Hall of Fame. She received the National young, brave, idealistic democracy activists long overdue disability benefits to more than Newspaper Association’s McKinney Award, were gunned down, bayoneted, or beaten to 150,000 Vietnam veterans and survivors for given to a woman who ‘‘exhibited distin- death by Chinese government troops and se- exposure to Agent Orange. (Signed into Law) guished service to the community press.’’ Just cret police. Both before and since Tiananmen, SECURITY FOR AMERICA’S COMMUNITIES this past May, Avis became chair emeritus of Chinese men and women have sacrificed their FY 2010 HOMELAND SECURITY APPRO- the Missouri Press Association’s Foundation freedom—even their lives—in the struggle for PRIATIONS, strengthening security at our Board, which she helped found and fund. faith and liberty. Yet the struggle for freedom, ports and borders and on commercial air- She served not only as one of the state’s rule of law, and respect for human rights con- lines, giving first responders tools to respond rare female publishers, but in other leadership tinues despite the enormous cost to individual to terrorism. (Signed into Law) roles, particularly at our mutual alma mater, Chinese men and women. HATE CRIMES PREVENTION ACT, giving the University of Missouri. Mizzou’s world-fa- At Oslo a couple of weeks ago, I had the law enforcement resources to prevent and prosecute hate crimes against Americans mous School of Journalism honored her with privilege of witnessing the conferring of the based on gender, sexual orientation, gender its Honor Medal in 1976. And in 1972, Avis Nobel Peace Prize on Liu Xiaobo’s empty identity, or disability. (Signed into Law) became the first woman president of the Uni- chair—empty because this courageous non- BORDER SECURITY EMERGENCY AP- versity of Missouri’s governing body, the violent man of principle languishes in a lonely PROPRIATIONS, providing $600 million to Board of Curators. Her service as a curator prison cell, serving an eleven-year sentence enhance security at the Southwest Border, has particular significance for me, since she for promoting democracy in China, most re- including funding 1,200 additional Border Pa- was appointed to succeed her late husband as cently through Charter 08, a human rights trol agents, 500 additional CBP officers, and a curator upon his death. And Bill Tucker had manifesto. In a stunning revelation of Beijing’s additional FBI, DEA, and ATF agents for the weakness, fear, and moral deficiency, even border region; paid for by visa fees. (Signed been appointed to succeed my father, Isaac into Law) Newton Skelton III, upon his passing. In Mis- Liu’s wife and friends were barred from attend- I visited the border patrol in Arizona to souri, one of the highest honors one can ing the Nobel ceremony. view the situation first hand and obtain a achieve is being named to help guide our Amazingly, at his government show trial in better understanding of the situation they land-grant state university, and this is an 2009, Liu expressed absolutely no malice to- face. honor that has been treasured by both the ward the dictatorship that so cruelly mistreats COPS ON THE BEAT, putting an addi- Skelton and Tucker families. him—and millions of others like him. tional 50,000 cops on the street over the next Avis Green Tucker will be remembered He said, ‘‘I have no enemies and no hatred. 5 years. (Passed by House) fondly by all who had the privilege of knowing None of the police who monitored, arrested, CHEMICAL & WATER SECURITY ACT, to increase security and safety of the nation’s her, including me. When she passed away at and interrogated me, none of the prosecutors chemical plants and water facilities vulner- age 95 on Friday, December 17th, 2010, she who indicted me, and none of the judges who able to terrorist attacks and the millions of had lived a life that was exemplary. Her lead- judged me are my enemies . . . Hatred can Americans that live nearby. (Passed by ership was superb, her newspaper’s readers rot away at a person’s intelligence and con- House) and her community were well-served, and her science. Enemy mentality will poison the spirit

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23634 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 22, 2010 of a nation, incite cruel mortal struggles, de- eration of certain resolutions reported from the warned in 2006 that ‘‘liar’s’’ loans deserved stroy a society’s tolerance and humanity and Committee on Rules, and providing for consid- their name—MARI reported a study finding hinder a nation’s progress toward freedom and eration of motions to suspend the rules—roll- that 80% of such loans were fraudulent. MARI warned that liar’s loans were ‘‘an open democracy. That is why I hope to be able to call No. 657—‘‘yea’’. invitation to fraudsters.’’ transcend my personal experiences as I look H.R. 6540, Defense Level Playing Field In a liar’s loan the lender agrees not to upon our nation’s development and social Act—rollcall No. 658—‘‘yea’’. verify the borrower’s income, wealth, job, change, to counter the regime’s hostility with H.R. 5116, America COMPETES Reauthor- and debts. The lender and its agents, loan utmost goodwill, and to dispel hatred with ization Act—rollcall No. 659—‘‘yea’’. brokers, can then make up those numbers to love.’’ H.R. 2142, GPRA Modernization Act of make the loan appear to be only moderately The Nobel Peace Prize ceremony has come 2010—rollcall No. 660—‘‘yea’’. insane and sell the fraudulent loan to an en- and gone. And, I would note parenthetically, it H.R. 2751, FDA Food Safety Modernization tity, typically an investment banking firm was an honor to join you in Oslo, Madam Act—rollcall No. 661—‘‘yea’’. or Fannie Mae or Freddie Mac, who will pool H.R. 3082, Making Appropriations for Mili- thousands of fraudulent loans together and Speaker, as well as Representative DAVID WU create a toxic financial derivative called a and numerous Tiananmen Square alumnae— tary Construction, the Department of Veterans ‘‘CDO.’’ The rating agencies and investment Chinese men and women who peacefully Affairs, and related agencies for the fiscal year bankers knew they had to engage in the fi- demonstrated for freedom in 1989—including ending September 30, 2010 and for other pur- nancial version of ‘‘don’t ask; don’t tell’’ on Yang Jianli, Chai Ling, Bob Fu, Fang Zheng, poses—rollcall No. 662—‘‘yea’’. these CDOs because if they ever really and Kaixi Wuer. It is now more important than H.R. 6547, Protecting Students from Sexual kicked the tires they would all explode—the ever that all of us who treasure freedom, de- and Violent Predators Act—rollcall No. 663— frauds in the underlying liar’s loans from mocracy and human rights empathize more, ‘‘yea’’. which the CDOs were supposed to ‘‘derive’’ their value were that obvious and common. pray more and do more to expose and combat f A credit ratings firm couldn’t give a the cruelty and the crimes committed on a BLACK: THE DOMINANCE OF ‘‘AAA’’ rating (the highest possible—the rat- daily basis by Beijing. UNETHICAL BANKING ing that virtually all these toxic derivatives The brutality and violence that were wit- were given) if it looked at a sample of the nessed by all the world in 1989 at Tiananmen loans—so they religiously did not kick the continues unabated today, especially in the HON. MARCY KAPTUR tires on the liar’s loans. So we had the farce gulags—laogai—and detention centers OF OHIO of ‘‘credit rating’’ agencies whose expertise throughout China, where people are system- IN THE HOUSE OF REPRESENTATIVES was supposedly in reviewing credit quality atically tortured, sometimes to death, particu- never looking at that credit quality so that Wednesday, December 22, 2010 they could make enormous fees by giving larly Falun Gong practitioners, Uyghurs, Tibet- Ms. KAPTUR. Madam Speaker, today I am toxic waste pristine ‘‘AAA’’ ratings. ans, Christians, and democracy activists. The investment banks couldn’t sell the fi- inserting into the CONGRESSIONAL RECORD a The brutality and violence of unrestrained nancial derivatives loans to others if the in- dictatorship has—and continues to be—un- recent blog post by Professor William Black vestment bankers (whose supposed expertise leashed against hundreds of millions of Chi- from the Associate Professor of Economics was evaluating credit risk) were to actually nese women and children—victims of the bar- and Law at the University of Missouri—Kansas look at credit quality of the underlying liar’s baric one child per couple policy, a cruel pol- City. Professor Black has focused on white loans. If they looked, they’d document that icy that has made brothers and sisters illegal collar crime and routing out of fraud in our fi- the loans were overwhelmingly fraudulent. and relies on forced abortion—a crime cat- nancial system, both in practice and as a field They’d then have three options. A. They could sell the CDOs to others by egorized as a ‘‘crime against humanity’’ at the of academic study. Professor Black’s answers on this CNN blog give direction to our work on calling them wonderful ‘‘AAA’’ invest- Nazi war crime trial at Nuremberg. ments—while having files proving that they As a result of the one child per couple pol- cleaning up our financial system of the crimi- knew this was a lie. This option is the pros- icy, an estimated 100 million girls are miss- nals while protecting those who follow the law. ecutor’s dream. ing—dead through sex-selective abortion— As this Congress comes to a close and we B. They could have sued the lenders that which is a gender crime of unimaginable de- look to the future, we are faced with the task sold them the fraudulent liar’s loans. The in- pravity and has made China a magnet for sex of doing more to address the challenges of vestment banks typically had a clear con- trafficking. Chai Ling—one of the heroes of Main Street while holding Wall Street account- tractual right to force the fraudulent loans Tiananmen—has launched All Girls Allowed— able. Professor Black’s writing should be one to buy back the liar’s loans. But there were of our guides. fatal problems with that option. The lenders an NGO that appeals to Beijing, the world, that made liar’s loans typically had minimal and especially mothers in China to protect the Black: The Dominance of Unethical Bank- capital (net worth). If the investment banks girl child in the womb. ing had demanded that they repurchase the And finally, even the Internet has been (By Jay Kernis) loans they would have been unable to do so— turned into a tool of repression and surveil- Only on the blog: Answering today’s five and the demand would have exposed the in- lance by the secret police. OFF-SET questions is William K. Black, As- vestment banks’ bright shining lie that by The selection of Liu Xiaobo as the 2010 sociate Professor of Economics and Law at pooling liar’s loans they could create ‘‘AAA’’ Nobel Peace Prize laureate obliges us to un- the University of Missouri—Kansas City. CDOs. Every CDO purchaser from the invest- dertake sustained scrutiny and meaningful ac- He was the Executive Director of the Insti- ment banks would then demand that the in- tute for Fraud Prevention from 2005–2007. vestment banks repurchased their CDOs— tion. Black also served as litigation director of which would have caused virtually every Indifference or silence or feigned ignorance the Federal Home Loan Bank Board, deputy large U.S. investment bank to fail. concerning the Chinese government’s appall- director of the FSLIC, SVP and General C. They could have gone to the Justice De- ing and massive human rights violations sim- Counsel of the Federal Home Loan Bank of partment and expose the massive fraud that ply isn’t an option. San Francisco, and Senior Deputy Chief was destroying the American economy and f Counsel, Office of Thrift Supervision. He was help the FBI investigate the lenders special- also deputy director of the National Commis- izing in making liar’s loans, the corrupt ap- PERSONAL EXPLANATION sion on Financial Institution Reform, Recov- praisers, and the credit rating agencies. But ery and Enforcement. that would have caused the CDO bubble to HON. CAROLYN McCARTHY You say that fraud by America’s major burst and the investment banks to fail. banks plays an enormous continuing role in That’s why the industry went with the OF NEW YORK the country’s financial crisis. How wide- fourth option—‘‘don’t ask; don’t tell.’’ It’s IN THE HOUSE OF REPRESENTATIVES spread is the fraud and what are the most se- like the famous fable of the emperor and the Wednesday, December 22, 2010 rious charges? fraudulent designer. The designer tells ev- The FBI testified in September 2004 that eryone that he has created clothes for the Mrs. MCCARTHY of New York. Madam mortgage fraud was ‘‘epidemic’’ and pre- emperor of such beauty that only the most Speaker, I was unavoidably absent on Decem- dicted that it would cause an ‘‘economic cri- sophisticated people can even see the ber 21, 2010. If I were present, I would have sis’’ if it were not contained. Instead of being clothes. The emperor and his cronies all voted on the following: contained, FBI data show that it grew enor- agree that the clothes are glorious. The H. Res. 1771, Waiving a requirement of mously after 2004. The mortgage lending in- fraud only collapses when a boy blurts out: clause 6(a) of rule XIII with respect to consid- dustry’s own anti-fraud experts (MARI) ‘‘the emperor is naked.’’ As long as no one

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0689 Sfmt 0634 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 23635 engaged in the frauds pointed out that you when lenders and loan brokers that cheat receivership. A minor blue collar thief can can’t make a ‘‘AAA’’ rating out of a pool of gain a competitive advantage over honest go to prison for life under some ‘‘three massively overvalued fraudulent loans the lenders and agents. The result can be a race strikes’’ laws—a huge bank doesn’t even suf- housing bubble could hyper-inflate and the to the bottom in which those with no ethics fer a major loss of reputation when it com- officers of the investment banks and credit drive the ethical from the marketplace. mits a hundred thousand felonies. The U.S. rating agencies could become wealthy be- Attorneys General in 50 states are inves- now has its own version of crony capitalism yond their dreams. tigating mortgage fraud and foreclosure that has produced recurrent, intensifying fi- I cite a study by Fitch, the smallest of the fraud. Do you think this was bad book- nancial crises—just as crony capitalism does Big 3 rating agencies later that documents keeping or are banks intentionally doing in many nations. The difference is that our the endemic nature of the fraud in the something illegal? economy is so massive that when we have a nonprime mortgages backing the CDOs. That I’ve explained why the data demonstrate crisis many nations suffer. When a nation’s study does not contradict the ‘‘don’t ask; that mortgage fraud, particularly via liar’s elites are able to cheat with impunity the re- don’t tell’’ strategy because Fitch only pub- loans, was endemic, intentional, and driven sult is always disastrous. lished it in November 2007—after the sec- by the lenders and their agents. Lenders and What should President Obama and Con- ondary market that created CDOs collapsed agents engaged in mortgage fraud do not gress be doing right now to regulate the banks in a meaningful and fair way? and it would not lose any fees by asking and want to keep accurate records, for those Economists, white-collar criminologists, telling about the endemic fraud. records could provide a roadmap for pros- and regulators agree that the key is to stop, The industry sharply increased the number ecuting them. The dearth of records was one or at least limit, perverse incentives. In- of liar’s loans after MARI’s warnings that of the key attractions of liar’s loans to these tensely criminogenic environments lead to they were overwhelmingly fraudulent. Fitch lenders and their agents. That dynamic epidemics of control fraud. There are six key reviewed a small sample of the nonprime means that records are commonly missing at components of what makes an environment loan and found that there was evidence of lenders engaged in fraud. dangerously criminogenic. fraud in ‘‘nearly every’’ file they reviewed Keeping good records is also a pain for loan A. Size matters. A tremendous bubble in and that the frauds were obvious on the face officers. It is a cost—it slows them down the price of persimmons won’t harm the U.S. of the loan and servicing files and would from making new (fraudulent) loans that economy. Real estate bubbles, by contrast, have been discovered by any competent loan drive their income. Another marker of loan could cause losses that were a large percent- underwriting process. Self-reviews by fraud- fraud is paying loan officers large bonuses age of the U.S. GDP. That’s how you get a ulent nonprime lenders have consistently re- based on loan volume instead of loan qual- Great Recession. Accounting control frauds vealed pervasive fraud in liar’s loans. Re- ity—everyone in the trade knows this ends are particularly dangerous because of they views by independent experts demonstrate in disaster. But the failure of the lender is can grow so rapidly and because they tend to that fraud was endemic in liar’s loans. not a failure of the fraud scheme. Here’s the cluster in the assets that are most ideal for My testimony to the Senate and the Fi- four-part recipe for lenders maximizing fic- accounting fraud. The combination of clus- nancial Crisis Inquiry Commission (FCIC) tional short-term accounting income (there- tering and rapid growth means that explains why the number of criminal refer- by maximizing their bonuses). Note that the epidemics of accounting control fraud can rals the FBI receives annually extrapolates same recipe maximizes real losses: hyper-inflate massive bubbles. Akerlof & to millions of frauds. There were no formal A. Grow extremely rapidly Romer and my work have long warned spe- definitions of an ‘‘alt a’’ or ‘‘stated income’’ B. Make very bad loans at high interest cifically about this danger. loan (the two most common euphemisms for rates (‘‘yield’’) The federal regulatory and prosecutorial liar’s loans and, therefore, all the data are C. Use extreme leverage (high debt relative agencies are filled with ‘‘chief economists,’’ best guesses), but Credit Suisse reported in to you equity) but there are no ‘‘chief criminologists’’, no 2007 that by 2006, 49% of new mortgage loans D. Provide grossly inadequate loss reserves comprehensive federal data on the most de- in the U.S. were stated income (liar’s loans). A lender that follows this recipe is mathe- structive white-collar crimes, and virtually If one assumes an 80% fraud incidence— matically guaranteed to report record (albeit zero federal funding for research into the which is the low end of published studies by fictional) income in the near term—and to elite financial frauds that have caused tril- independent experts—that translates into cause massive losses in the longer term. This lions of dollars of losses in the U.S. over the millions of fraudulent loans being made in is why the Nobel prize winning economist, last 20 years. We need to do the opposite— 2006 alone. George Akerlof and his colleague Paul hire chief criminologists, keep comprehen- State Attorney Generals’ investigations Romer wrote the famous 1993 article enti- sive data on the worst frauds, and fund re- have found that it was lenders and their tled: ‘‘Looting: the Economic Underworld of search so that we can actively identify the agents who put the lies in ‘‘liar’s’’ loans. The Bankruptcy for Profit.’’ They describe ac- industries at greatest risk of developing the NY AG found, for example, that Washington counting fraud as ‘‘a sure thing.’’ The lender next epidemic of control fraud. (And this Mutual (WaMu), which specialized in fails, but the senior officers walk away needs to be done not only for banks. The nonprime loans, (and is the largest bank fail- wealthy. Since 1993, things have become far FDA, for example, needs help in spotting ure in U.S. history) kept a ‘‘black list’’ of ap- worse—we now often bail out the failed lend- frauds that maim and kill.) We then need to act, quickly, to stop those epidemics in their praisers. Appraisers got on the black list, ers and leave the thieves in charge. tracks. We did this in 1990–91 as S&L regu- however, if they refused to provide WaMu But a lender making thousands of bad lators when we stopped the rapid spread of with inflated (fraudulent) appraisals. Survey loans has to gut its ‘‘back office’’ oper- ‘‘liar’s’’ loans at several California S&Ls. data of appraisers confirms that nonprime ations—the folks who are supposed to docu- B. Deregulation, desupervision (the rules lenders and their agents commonly coerced ment loans and prevent bad loans. We know remain in place but the anti-regulators run- appraisers to inflate market values. The bor- that this is exactly what happened. Bank of- ning the regulatory agencies don’t enforce rower has no leverage to coerce appraisers. ficers and employees of nonprime lenders them) and de facto decriminalization (the There is no honest reason for a lender to were reamed out by their superiors if they three ‘‘de’s’’) produce the ideal criminogenic seek, or permit, appraisals to be inflated. tried to block the bad loans. This dynamic is environment. The regulators are the ‘‘cops White-collar criminologists and competent an independent reason why recordkeeping at on the beat’’ when it comes to sophisticated banking regulators recognize that appraisal the nonprime lenders is often horrific. frauds. If you remove the cops of the beat, fraud is a superb ‘‘marker’’ of ‘‘control Finally, lenders like Bank of America, cheaters prosper and honest businesses are fraud’’—the devastating frauds in which the Citibank, and WaMu acquired major driven from the markets. President Obama senior officers that control a seemingly le- nonprime lenders that were notorious for largely kept in place the failed anti-regu- gitimate firm use it as a ‘‘weapon’’ to de- their predatory and fraudulent lending. lators he inherited from President Bush. In- fraud. Iowa Attorney General Miller testified These banks then often place the employees deed, Obama promoted Geithner—an abject before the Federal Reserve in 2007 that his they obtained via these mergers in charge of failure as a regulator in his capacity as investigations found that the lenders and the loan servicing. It was utterly predictable President of the NY Fed—and renominated agents typically prompted or even directly that they would continue their unethical Bernanke, an even greater failure. Obama provided the false information in nonprime practices when they functioned as loan should fire Attorney General Holder and loan applications. servicers—particularly because the alter- Treasury Secretary Geithner and ask Chair- This makes sense because only lenders and native would be to admit that their loan man Bernanke to resign. He should appoint loan brokers would know the key debt-to-in- servicing files were a shambles. Far better to regulators and prosecutors who have a track come and loan-to-value ratios that would simply file false affidavits and claim that ev- record of success. make the borrowers’ application more likely erything was in order—which is exactly what C. Executive compensation. There is a con- to be approved and generate the largest fees many of the largest loan servicers did ten sensus that executive compensation should to the lenders and their agents. AG Miller thousand times a month. be based on long-term (real) profitability. In even aptly described the ‘‘Gresham’s’’ dy- This is one of the reasons that my col- reality, executive compensation is over- namic that prevailed in nonprime lending. A league Randy Wray and I have called for whelmingly based on short-term reported in- Gesham’s dynamic arises in this context Bank of America to be placed promptly into come. (It’s actually worse than that—if the

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0689 Sfmt 0634 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23636 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 22, 2010 short-term results are bad corporations com- 20 live grenades? The only question is when years in the State of Michigan and on Capitol monly gimmick the compensation system to the next pin will drop out and we’ll be blown Hill. The tireless dedication, devotion and work reward the senior officers’ failures.) Every- up. will never be forgotten by me or the people to one agrees that short-term reported account- The good news about the SDIs is that they ing income is easy to inflate through ac- have reason to exist. They would be far more whom you have been so effective and efficient counting fraud and virtually everyone agrees efficient if they shrank in size to levels at for so long. that this creates strong, perverse incentives. which they no longer endangered the global I hope and pray for all of my colleagues that Since, the current crisis began, the percent- economy. We should do three things about we may bring a better world to all Americans, age of bonus compensation based on short- the SDIs. One, stop their growth—imme- and never flinch from fighting for justice and term reported income has increased—execu- diately. Two, order them to shrink over the democratic ideals. We made history. We made tive compensation has become more per- next five years to a size at which they no difficult decisions. We fought the good fight. verse. longer are SDIs. Let them decide what oper- We have difficult days ahead, and I remain ations to sell. Three, intensively regulate Note that executive compensation also al- faithful to protecting the Constitution of the lows the CEO to convert the firm’s assets to the SDIs during those five years. That in- his personal benefit using seemingly normal cludes placing any insolvent SDIs in ‘‘pass United States and the goals of our great na- corporate mechanisms, which makes it far through receiverships’’—which does not tion. harder to prosecute the CEO for looting the prompt crises. God bless. firm. All bonus income that takes annual in- If there were one questionable banking f come above $200,000 should be paid after five practice that you could stop today, what years—if the firm’s reported income turns would that be? PERSONAL EXPLANATION out to be real. There should be ‘‘clawback’’ The foreclosure frauds. provisions to recover bonuses even after You have spent decades examining what HON. DEAN HELLER those five years if they were based on cor- goes on in banks. Do think that bankers, ei- OF NEVADA porate income inflated by fraud or ‘‘window ther through culture or genetics, are ethi- IN THE HOUSE OF REPRESENTATIVES dressing.’’ cally-challenged? D. Professional compensation is perverse. When you allow a Gresham’s dynamic to op- Wednesday, December 22, 2010 Accounting control frauds deliberately ex- erate and when entry to an industry is easy Mr. HELLER. Madam Speaker, on rollcall ploit this to create the Gresham’s dynamic (as it was for loan brokers and mortgage No. 658, I was unavoidably detained. Had I bankers), you concentrate the least ethical that allow them to suborn the outside pro- been present, I would have voted ‘‘yes.’’ fessionals—appraisers, attorneys, auditors, business leaders in the industry that is most and rating agencies—who are supposed to criminogenic. In the last decade, banking f has been severely criminogenic in the U.S. prevent fraud, but who actually become the PERSONAL EXPLANATION frauds’ most valuable allies. Honest profes- and much of the world. The unethical bank- sionals don’t get hired, the unethical profes- ing leaders became dominant. Their banks, sionals prosper. This process creates ‘‘echo’’ which followed the four-part recipe for maxi- HON. ERIK PAULSEN epidemics of control fraud. Fraudulent mizing fictional accounting income, became OF MINNESOTA far larger and drew the greatest praise from nonprime lenders, for example, shaped finan- IN THE HOUSE OF REPRESENTATIVES cial incentives to be perverse to create en- the business boosters than dominated the fi- demic appraisal and loan broker fraud. The nancial media. They made their reputations Wednesday, December 22, 2010 and their fortunes through fraud. banks should not be able to hire or fire the Mr. PAULSEN. Madam Speaker, on rollcall appraisers, credit rating agencies, and audi- f No. 658 (H.R. 6540) my flight was delayed tors—except for fraud or serious incom- petence. Those professionals can only be PERSONAL EXPLANATION due to weather and had I been present, I truly independent if they are assigned to would have voted ‘‘yes.’’ work for the bank by a truly independent en- HON. KAY GRANGER f tity. OF TEXAS E. The federal government has permitted ACCOMPLISHMENTS IN THE 110TH banks to inflate their reported incomes and IN THE HOUSE OF REPRESENTATIVES AND 111TH CONGRESS ‘‘net worth’’ for the purpose of evading the Wednesday, December 22, 2010 mandatory statutory duty under the Prompt Corrective Action (PCA) law to close deeply Ms. GRANGER. Madam Speaker, on rollcall HON. JOHN J. HALL insolvent banks. Congress, at the behest of Nos. 662 and 661, I was absent from the OF NEW YORK the Chamber of Commerce, the banking House. Had I been present, I would have IN THE HOUSE OF REPRESENTATIVES trade associations, and Chairman Bernanke, voted ‘‘no.’’ Wednesday, December 22, 2010 successfully extorted the Financial Account- f ing Standards Board (FASB) to scam the ac- Mr. HALL of New York. Madam Speaker, I counting rules so that the banks could fail to THANK YOU FOR ALLOWING ME wold like to submit the following: As the Rep- recognize on their accounting reports over a TO SERVE resentative for New York’s 19th Congressional trillion dollars in losses. District, I had numerous significant accom- When banks understate their losses mas- plishments in all aspects of meeting local com- sively they, by definition, overstate their net HON. CAROLYN C. KILPATRICK worth massively. The PCA’s provisions kick OF MICHIGAN munity needs, individual constituent services, in when net worth falls, so the accounting IN THE HOUSE OF REPRESENTATIVES and enacting federal legislation on behalf of lies have gutted the PCA. The accounting my constituents. lies also allow the banks to (once again) re- Wednesday, December 22, 2010 I kept my annual promise of holding at least port high fictional income when they are ex- Ms. KILPATRICK of Michigan. Madam one public event in every town and city in the periencing large, real losses. This accounting Speaker, as I leave Congress as the people’s district to give my constituents an opportunity scam allows the bank executives to collect representative for the 13th Congressional Dis- to speak directly with me about their opinions hundreds of billions of dollars in bonuses. We trict of Michigan, I thank God, who is the head and concerns. I hosted Town Hall Meetings, should end the accounting scam and enforce the PCA. of my life, for allowing me the blessing of serv- Congress on Your Corners, business We are also secretly subsidizing banks and ing in perhaps the most august, deliberate, roundtables, issues forums and workshops hiding their losses through massive loans elected body in the world. I am humbled and throughout all 4 years of my Congressional from the Federal Reserve backed by toxic honored that the great citizens of Michigan service. In addition to these events, I attended collateral. We should end those subsidies and and the people of Detroit chose me for so numerous community events hosted by local force them to post good collateral. many years to fight and serve them for more organizations, senior centers, fire depart- F. Systemically dangerous institutions than three decades as a public servant. The ments, schools, etc. I also did a series of (SDIs) have often become far larger and many friendships, relationships, and associa- ‘‘work-a-day’’ events where I worked alongside more dangerous since the crisis. The admin- istration is taking no serious steps to pro- tions I have formed will remain with me for- a constituent in a local job so I could better tect us against the roughly 20 SDIs even ever. understand the day to day challenges they though the administration claims that when I finally want to thank perhaps the most face. Some of these events included working one of them next fails it is likely to cause a underappreciated team in any elected body— with a nurse at an area hospital, an assembly global financial crisis. Why are we juggling the staff who have worked for me for those line worker at a manufacturing plant, a ride

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD December 22, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 23637 along with a delivery truck driver, weatheriza- brought US Transportation Secretary Ray I sponsored a Veterans Employment and tion installation at a home, installation of a LaHood to Stewart Airport for a meeting with Education forum to help returning veterans geothermal heat/cooling system at a new sen- local business and community leaders to dis- transition from the battlefield to the classroom ior housing development, and installation of cuss how the airport could be more of an eco- and the workplace and make sure they are solar energy panels on the roof of an elemen- nomic engine for the region. aware of all the benefits they earned. A mem- tary school. I hosted several small business seminars to ber of the Wounded Warrior Program works The Congressional offices in Carmel, Go- inform local businesses about the opportuni- on my Congressional staff. shen, and Washington responded to thou- ties created by the federal economic stimulus In addition I hosted a GI Bill forum to train sands of constituent opinions and information legislation, including direct tax reductions and Hudson Valley college admissions and admin- requests. Hundreds of casework problems capital availability. These events were at- istrative personnel regarding the benefits due were resolved for individuals and families who tended by hundreds of people. In addition, nu- to Veterans and how to assist them with the had problems with federal agencies when ap- merous roundtables were held with local busi- application process. plying for Veterans benefits, Social Security ness leaders to provide me with direct input as I strongly advocated for maintaining health and Medicare payments, and expediting pass- to what they needed to create growth opportu- care services for veterans at both campuses port applications. nities. These meetings served as the basis for in Montrose and Castle Point. I also assisted The Congressional office provided hundreds small business tax cut legislation I introduced, in bringing a new veterans health clinic to Or- of Capitol tours for school classes and families several provisions were enacted into law. ange County. visiting Washington DC, fulfilled flag requests, Job Opportunity and Training Fairs were I successfully sponsored legislation to name nominated students to our nation’s military held to provide assistance in getting a job in- the Chester Post Office in memory of First Lt. service academies, and assisted with federal cluding interviewing skills, resume writing, net- Lou Allen, who was killed in Iraq and to name grant applications. working, employer connections, adult and con- the Port Jervis Post office in memory of former I cosponsored and voted for important legis- tinuing education, green jobs, and entrepre- Mayor and Senator Arthur Gray. lation to create and save jobs, cut taxes on neurship and one-on-one consultation. Many SENIORS middle class families, improve the process for local employers attended and were able to talk I hosted several events to help protect local Veterans applying for well deserved benefits, directly with job seekers who were in attend- Seniors from Medicare fraud. Experts were in reform financial services regulation, and health ance. attendance to provide specific information insurance reform designed to improve accessi- I brought House Education and Labor Com- about scams in the area and how to avoid be- bility and affordability. I authored legislation mittee Chairman George Miller to the district coming a victim. In addition, I hosted informa- that dramatically improved the Veterans bene- for a public meeting to inform the community tional events to prepare individuals and fami- fits system, streamlining the process for vet- about the provisions of the new Direct Student lies who are nearing Medicare eligibility to pre- erans to receive the care and compensation Loan legislation and how they will make it pare themselves to understand and navigate they earned in service to our nation. My legis- easier for more students to attend college. the many enrollment options and various plans I held workshops for local constituents to lation is widely regarded as the most sweep- available. Thousands of local Seniors partici- provide them with information regarding how ing reform of the VA in a generation. pated in my Tele-Town Hall discussion about to prevent home foreclosure as well as mort- I was proud to bring millions of federal dol- how the Health Care Reform law would affect gage refinancing options. I brought together lars home for local projects that create and them. Topics covered included closing the local banks and housing counselors for pres- save jobs, improve water quality, improve traf- donut hole, free preventative care and entations as well as direct individual coun- fic safety and public transportation, build local wellness visits for seniors, reducing subsidies seling opportunities. infrastructure, and save local property tax dol- to Medicare Advantage plans, fighting waste, lars. ENERGY INDEPENDENCE: fraud and abuse in Medicare, and long term I voted against my own pay raise each time I sponsored a series of energy independ- care options. it came before the House, and donated my ence forums throughout the district to provide LAW ENFORCEMENT TRAINING SESSIONS raise to local non-profit organizations rather practical information to municipalities, busi- I became aware of concerns regarding com- than accepting it. nesses, and individuals interested in devel- munication between some local law enforce- MEETING LOCAL COMMUNITY NEEDS oping domestic energy resources. These fo- rums focused on wind, solar, hydro and tidal ment officials and federal Immigration and ECONOMIC DEVELOPMENT: LOCAL JOBS AND SMALL Customs Enforcement (ICE) officers. As a re- BUSINESS DEVELOPMENT power, as well as biofuels and conservation. I also held an event which brought together sult I requested ICE officials come to the dis- I worked actively to bring new jobs to the trict and provide information to local law en- area and save local jobs that were at risk of solar manufacturers, retailers, and prospective buyers to create markets for local suppliers. forcement regarding how ICE can assist local leaving including: law enforcement and ways they could work to- Kolmar—Successfully assisted in keeping Many local projects were developed as a re- gether to improve public safety. the largest manufacturing company in Western sult of the information provided and the intro- Orange County from leaving the state, thereby ductions made between local providers and CONGRESSIONAL ART COMPETITION retaining hundreds of local jobs in an eco- businesses. Each year my office hosted a Congressional nomically depressed area. I helped bring more than $517m for weath- Arts Competition for high school students in Pepsi Bottling—Successfully assisted with erization funding and energy efficiency grants my district. The winner’s artwork is shown for efforts to keep the company’s facilities in to New York. This money directly benefited a year at the Capitol Building in Washington Northern Westchester when they were consid- local families who were able to save money DC and runners up are shown in my local ering a move out of state. on their energy bills by weatherizing their Congressional offices. The Congressional of- SpectraWatt—Instrumental in negotiations to homes, and it created local jobs. fice worked with arts facilities and schools to bring a new solar energy manufacturing com- VETERANS encourage student artists, review the submis- pany to Dutchess County, replacing almost a Many Veterans meetings were held through- sions, and have them shown within the com- hundred jobs that had been outsourced over- out the district so I could gain input from local munity. seas. Labor Secretary Hilda Solis visited the veterans regarding the challenges they face RESOURCE GUIDES site to discuss the local benefits with business navigating the VA claims and benefits proc- The Congressional office created the fol- and labor leaders. Although recent reports in- esses generally, as well as a specific chal- lowing resource guides to assist individuals, dicate the company is struggling, discussions lenges resulting from PTSD. Based on what I organizations, and small businesses with fed- are still ongoing to keep the jobs in Dutchess heard from local Veterans and VSOs, I suc- eral government services and opportunities: County. cessfully introduced legislation that signifi- Guide to the American Recovery and Rein- I successfully advocated for Stewart Air Na- cantly streamlined the benefits process, and vestment Act—Provided details of the federal tional Guard Base to receive 8 new C–17 air- advocated for a VA rules change regarding economic stimulus legislation for individuals, craft and all of the support services and local handling of PTSD claims. The rules change businesses, organizations, and municipalities economic development opportunities that go makes it much easier for veterans suffering including information about available funding with it. The Air Force made this award after a with PTSD to receive the care and compensa- opportunities and how to apply for and access very competitive national process. I also tion they deserve. the funds.

VerDate Mar 15 2010 12:27 Oct 25, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR10\E22DE0.000 E22DE0 ehiers on DSK2VPTVN1PROD with BOUND RECORD 23638 EXTENSIONS OF REMARKS, Vol. 156, Pt. 15 December 22, 2010 Small Business Assistance Guide—A pack- prescription drug coverage, long term care op- for fire departments and ambulance corps and age of information and local resources for tions, household utilities, VA, meal delivery how to apply for such funds. In addition, the small businesses seeking assistance and in- and nutrition programs, senior centers, and Congressional office hosted annual workshops formation about loan opportunities and other transportation. to provide assistance to local fire departments federal and state support programs and devel- Veterans Services Website—Provides infor- as to how to write and submit federal grant opments. mation about benefits and services, eligibility applications to the Dept of Homeland Secu- Small Business Guide to the Affordable requirements, and contact information for local rity’s Assistance to Firefighters Grant Program. Care Act—Provided details on Small Business and national agencies and private organiza- Jobs Seekers’ Handbook—Detailed informa- Tax Credits for employer coverage of health tions that provide assistance with healthcare, tion regarding resources available to people premiums and how other provisions of the benefits, education, and employment. looking for a job and how to improve individual new health care law affect small businesses. Fire and Emergency Services Grant Re- skills. Senior Handbook—Described resources sources—A package of information about fed- Foreclosure prevention tips and resource available for seniors including health care and eral, state and foundation grant opportunities guide for homeowners.

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