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

Vol. 155 WASHINGTON, FRIDAY, FEBRUARY 13, 2009 No. 30 Senate The Senate met at 10 a.m. and was Senator from the Commonwealth of Vir- TIMING OF VOTE ginia, to perform the duties of the Chair. called to order by the Honorable MARK C ROBERT C. BYRD, Mr. M CONNELL. Let me second the R. WARNER, a Senator from the Com- remarks of the majority leader. We monwealth of Virginia. President pro tempore. Mr. WARNER thereupon assumed the have a number of Members, not sur- prisingly on an issue of this magnitude, PRAYER chair as Acting President pro tempore. who would like to speak—Senator The Chaplain, Dr. Barry C. Black, of- f MCCAIN is already here—and we will be fered the following prayer: RECOGNITION OF THE MAJORITY doing that during the day. I will get a Let us pray. LEADER sense of how many speakers we have, God of power and might, wisdom and and after that I think we should be The ACTING PRESIDENT pro tem- justice, through You authority is able to come to an agreement for a pore. The majority leader is recog- rightly administered, laws are enacted, time certain on the vote. nized. and judgment is decreed. Today, assist The ACTING PRESIDENT pro tem- our Senators with Your spirit of coun- f pore. The majority leader is recog- sel and fortitude. May they always SCHEDULE nized. seek the ways of righteousness, justice, Mr. REID. Mr. President, I suggest Mr. REID. Mr. President, following and truth as You empower them to the absence of a quorum. the remarks of the leaders, if there be lead with honesty and integrity. The ACTING PRESIDENT pro tem- any, there will be a period of morning Lord, make them so faithful to their pore. The clerk will call the roll. business with Senators allowed to calling of public service that Ameri- The legislative clerk proceeded to speak for up to 10 minutes each. That cans may lead tranquil and quiet lives call the roll. time will be controlled equally until 5 in all godliness and reverence. Give Mr. MCCAIN. Mr. President, I ask p.m. The two leaders can fix who their them wisdom to make decisions that unanimous consent the order for the designees will be. will strengthen and prosper our land. quorum call be rescinded. We expect to be in a position some- We pray in the Redeemer’s Name. The ACTING PRESIDENT pro tem- time today to vote on adoption of the Amen. pore. Without objection, it is so or- conference report to H.R. 1. Our cloak- dered. f room has issued an alert to all Sen- Mr. MCCAIN. Mr. President, while ators. Any Senators who want to come PLEDGE OF ALLEGIANCE the leaders are on the floor, I would and speak, they should at least alert like to mention, I hope we will con- The Honorable MARK R. WARNER led the cloakroom they need some time to tinue to observe the one side speaking the Pledge of Allegiance, as follows: do that. We have an order in effect of 10 and then the other side that we have I pledge allegiance to the Flag of the minutes each. If someone wants to talk been going through in the last few United States of America, and to the Repub- longer, fine; we have no problem with lic for which it stands, one nation under God, days. I think a lot of people have been that at all. But we do need some idea indivisible, with liberty and justice for all. able to voice their views on this very as to how many people wish to speak important issue before the Senate. I re- f on this legislation. There have been a iterate, if my colleagues who would number of speeches given during the APPOINTMENT OF ACTING like to speak on this issue would call last few days about it, but if some want PRESIDENT PRO TEMPORE the cloakroom and also indicate how to amplify or add to those remarks, long they plan to speak, it would help The PRESIDING OFFICER. The that would be fine. us arrive at a time for a vote today. clerk will please read a communication I have been in close touch with the The ACTING PRESIDENT pro tem- to the Senate from the President pro Republican leader during the last 24 pore. Will the Senator suspend? tempore (Mr. BYRD). hours, and we are going to do our best Mr. MCCAIN. Certainly. The legislative clerk read the fol- to try to come up with a time today. lowing letter: f U.S. SENATE, f PRESIDENT PRO TEMPORE, RECOGNITION OF THE Washington, DC, February 13, 2009. REPUBLICAN LEADER RESERVATION OF LEADER TIME To the Senate: Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby pore. The minority leader is recog- pore. Under the previous order the appoint the Honorable MARK R. WARNER, a nized. leadership time is reserved.

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

S2257

.

VerDate Nov 24 2008 06:00 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.000 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2258 CONGRESSIONAL RECORD — SENATE February 13, 2009 MORNING BUSINESS Working on this measure together was I understand the other side of the The ACTING PRESIDENT pro tem- that opportunity. Republicans offered a aisle—and many in the media—will pore. Under the previous order, the good-faith alternative to the measure say: Well, Republicans are recalcitrant. Senate will proceed to a period for the that is before us. Our alternative pro- Republicans are trying to block it. Re- transaction of morning business until 5 vided the American taxpayers with a publicans don’t want anything. stimulus bill devoid of porkbarrel p.m., with Senators permitted to speak We had a provision, we had a pro- projects and excessive spending pro- therein for up to 10 minutes each and posal of over $420 billion. We had a pro- grams that fail to create jobs. posal that got 44 votes for a trigger the time to be equally divided between Our bill was not simply to advocate the leaders or their designees. that, once our economy begins to re- policies we could not otherwise pass; cover and is in recovery, the spending f our bill, in fact, was a real stimulus stops. One thing that Milton Friedman proposal. Instead, partisan legislation STIMULUS PACKAGE said, among many others I have always was pushed through. appreciated, was: Nothing is so perma- Mr. MCCAIN. Mr. President, I object Sadly, when we could be uniting to nent as a temporary Government pro- to the 10-minute time restraint. This is assist hurting Americans, we have ex- gram. There is nothing more perma- a very difficult issue. We are talking acerbated our differences and burdened nent than a temporary Government about hundreds of billions of dollars of our children and grandchildren with a spending program. So I think we had debt the proportions of which have stimulus. I hope my colleagues on the an opportunity and, hopefully, there other side of the aisle would under- never been seen before. Mr. President, before I go too much will be opportunities in the future, to stand that more than 10 minutes may sit down, Republican and Democrat to- be required for some statements. further, the bill is 1,071 pages. We got it last night, I believe, at 10:20 p.m. That gether—and at the beginning, not the Mr. DURBIN. If the Senator will end. If you are not in on the takeoff, yield, this is a very important matter, was the first moment a copy was made available. It was not numbered cor- then you are certainly not going to be and complex, and we are not going to in on the landing. limit the Senator from Arizona. We rectly. At 11 p.m. we received notifica- tion it had just become available on This bill took off with the Speaker of would like to have rough parity in the House saying: We won, we write the terms of the time given to both sides of the House Web site. Compare the process that we have bill. That was repeated on several occa- the aisle to explain this matter, but we sions by the President of the United are not going to limit or even try to been through with the Web site that is from the Obama campaign. The Web States. limit, under the standing rules, any Now, I want to say again, my side of speech by the other side. site of the Obama campaign stated, and I will quote in a second—this is a quote the aisle, for 8 years, did not include Mr. MCCAIN. I thank my friend. I ask from the Obama Web site: the other side of the aisle. We were we keep track of the timing on both guilty. We were guilty of not observing sides as both sides talk so we can try to End the practice of writing legislation be- hind closed doors. As President, Barack the rights and privileges of the minor- make sure there is parity on timing Obama will restore the American people’s ity party. I do not excuse it, nor do I throughout the day. Obviously, it will trust in their Government by making Gov- rationalize it. But I do believe that be dictated by the number of speakers ernment more open and transparent. Obama some Members did work in a bipartisan who want to speak on either side, but will work to reform congressional rules to fashion and that times are different. we should try to preserve parity require all legislative sessions, including The times are different. The American throughout the day. committee markups and conference commit- tees, to be conducted in public. people spoke. I thank the Senator from Illinois. So yesterday, not the Republican What happened in the last few days— Mr. DURBIN. I say to Senator leadership, not the majority of my col- law and sausages—it is certainly a long MCCAIN, I am sorry to interrupt him leagues sat by while the bill was finally way from the Obama Web site that again. Could we enter a consent to that written, and that is why the final legis- said: effect, that we will divide the time? lation here will have three Republican Reform congressional rules to require all Mr. MCCAIN. I would agree with the votes, probably, out of all of the Re- Senator from Illinois, but I think it is legislative sessions, including committee markups and conference committees, to be publicans in the House of Representa- pretty clear there are going to be more conducted in public. tives and the Senate. It may pick up a speakers on this side than that side. I All day yesterday the media made couple in the House. But to call this bi- would like to have our leader, the Re- different reports about the process that partisan is clearly an inaccurate and publican leader, agree to that before I was going on, in which, by the way, false description of the legislation that could. there was no Republican leadership will pass sometime this evening. Mr. DURBIN. I am informed by the anywhere in the vicinity. So we passed up an opportunity. I Senate staff that it is already part of I recognize this will be greeted as a hope we will, in the future, since there the agreement. victory for the administration and the will be TARP III somewhere—some es- Mr. MCCAIN. I thank the Senator Democrats today. I recognize that, and timates, $500 billion; some estimates, from Illinois. it is a victory. But I am not sure it is $1 trillion; no one knows. The Sec- Mr. President, today the Senate will the right kind of victory. I think words retary of the Treasury testified the day pass a $789 billion bill, $1.1 trillion with which will haunt us for a long period of before yesterday before the Senate. He interest added in—and we do, when we time were uttered by the Speaker of had no idea. He could give us no clue as calculate the costs of these appropria- the House: ‘‘We won, we write the bill.’’ to how much the next TARP was going tions bills, count in the interest. It is ‘‘We won, we write the bill.’’ to be. But I hope that will then present the so-called stimulus bill, and it is I think on both sides of the last cam- us with another opportunity to work under the guise of a bipartisan com- paign there was a commitment not to together from the beginning, not at the promise. use those words: ‘‘We won, we write the end. Let me reiterate what I have so often bill.’’ That commitment was to sit Again, this side of the aisle is not stated during the past 2 weeks: The Na- town together in a bipartisan fashion blameless on partisanship. But this was tion needs a stimulus bill. The Nation and work together to come up with so- an opportunity for all of us to join to- expects the Congress and the President lutions to the enormous domestic and gether. to act in a truly bipartisan manner to foreign policy and national security USA Today stated in an editorial: address this crisis. But, unfortunately, challenges we face. I understand who Republican opposition seems more like this measure is not bipartisan. It con- won. I think I understand it about as partisan positioning than a sincere ef- tains much that is not stimulative and well as anybody in this body. I have fort to reach compromise with the is nothing short—nothing short—of often said elections have consequences. White House at a time of severe eco- generational theft. This is one of the consequences of my nomic distress. At times of great challenge, history side of the aisle losing. But it was not I cannot speak for all of my col- tells us our Nation will work collec- the promise that was made to the leagues, but I can, I know, speak for tively to remedy the problems we face. American people. the majority of them. That is a false

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.001 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2259 statement. That is a false statement. Economic Research, wrote: The fiscal who have flooded my office with calls. Nothing could be further from the package now before Congress needs to They care about little porky projects truth. Every Senator here wants a rea- be thoroughly revised. In its current that are to the tune of millions of their sonable, workable stimulus bill that form, it does too little to raise national tax dollars. will help turn our economy around and spending and employment. It would be Just yesterday, the National Associa- put people to work. That is why 40 Re- better for the Senate to delay legisla- tion of Realtors reported the largest publican Senators voted for an alter- tion for a month or even two if that is drop in home prices—12.4 percent— native that sought to fix our housing what it takes to produce a much better since the Association started gathering crisis—remember, it was housing first, bill. We cannot make an $800 billion such data in 1979. Prices declined in al- and it is housing that is going to re- mistake. most 9 out of every 10 cities. Despite store our economy. The stimulus pack- Of course, it is a $1.1 trillion mistake. the fact that this extremely sobering age has not a lot of it to start with and We cannot make that mistake. By statistic was released yesterday, this comes out of the ‘‘conference’’ with passing this conference report, we are bill cuts almost half of the only signifi- less—invest in our Nation’s infrastruc- essentially engaging in an act of cant housing provision in the con- ture through effective and restrained generational theft. How can anyone ig- ference report. spending; put money immediately back nore the cold hard facts? The current This provision, written by Senator in the hands of all Americans through national debt is $10.7 trillion. The 2009 ISAKSON, a former real estate agent, a payroll tax holiday; allow businesses projected deficit is $1.2 trillion. The and approved by all Republicans and to keep more of their profits to hire cost of this stimulus is $1.124 trillion; Democrats would have allowed any new employees, invest in capital, or ex- that is, $789 billion plus interest. The homeowner to take a nonrepayable tax pand their businesses; finally begin to expected omnibus spending bill to fund credit of $15,000 or 10 percent of the focus our attention on entitlement re- the Federal Government through Sep- purchase price of a house used as a forms; and then, most importantly, put tember 30, 2009, is $400 billion. The ex- principal residence. Senator ISAKSON a halt to the spending once our econ- pected supplemental request for the argued that such a generous tax credit omy turns around. And the total cost wars in Iraq and Afghanistan the would help the market recover swiftly. of our alternative proposal was about Armed Forces Committee staff esti- As a real estate agent during the eco- half the cost of this conference report. mates at $80 billion. The appropria- nomic crisis of the 1970s, he saw tax There are a couple of cautionary tions bills for 2010 that we will consider credits spur the purchase of many tales. One was a study by John Taylor this year are untold billions. Tarp I homes, which served to reduce the glut of Stanford and the Hoover Institution and II are $700 billion, and TARP III is of vacant homes in the market, there- that showed that the last time we gave possibly upwards of $1.5 trillion. These by allowing home values to stabilize, Americans a paycheck—and that is one numbers are staggering. These num- the housing inventory to drop, and the of the big parts of this stimulus pack- bers are staggering. We have never market to recover. We could have age, checks of $400 to $800—it had no ef- dealt with numbers such as this, not in achieved a similar result here, I be- fect on the economy. It is also a cau- the Great Depression, not in any other lieve. But, instead, it was cut—the only tionary tale as to what the Japanese era in time of our country. Every dol- housing provision in the report that did over the last decade, and I am lar of spending in this conference re- was roundly supported by both Repub- afraid some of this stimulus package port will be added to our national debt, licans and Democrats and millions of repeats that. which now stands, as I said, at $10.2 potential home buyers. Instead, they We missed an enormous opportunity trillion or 70 percent of GDP. decided to cut the tax break to $8 thou- to rein in excessive spending despite According to the Center for Data sand and limit it to only first-time the support of 44 Senators eager to get Analysis, if Congress borrows the funds buyers. My belief is that this will not our fiscal house in order when our for its economic stimulus package— produce any real change to our sagging amendment that would have required which, of course, it will do—total debt housing market. unobligated funding to be returned to could grow to $13 trillion in fiscal year The Congressional Budget Office has the taxpayer upon two consecutive 2009 or 92 percent of our gross domestic estimated that the stimulus bill would quarters of economic growth greater product. By 2010, the total debt could create anywhere from 1.3 million to 3.9 than 2 percent of inflation-adjusted grow to $14 trillion or 95 percent of our million jobs. At $789 billion, 1.3 million GDP was defeated. GDP. The center further finds that the jobs would work out to cost $506,923 per We have seen time after time stim- stimulus package will add about $30,000 job, and for 3.9 million jobs, the cost ulus packages at other times when we in new Federal debt per American would be $202,308 per job. If you add the were in fiscal difficulty, financial dif- household. cost of interest to the price tag, it ficulty—not to the degree of this one— Remarkably, while we are on the comes to $1 trillion. Every economic but much of the spending has taken brink of saddling our children and estimate I have seen lately falls within place after the economy recovered and grandchildren and great grandchildren the category of 1.3 to 3.9 million jobs. contributed enormously to the deficit with this enormous debt load, the con- The administration says it could be 4 and consequently putting burdens on ference report before us does little to million or more. future generations of Americans. Why actually address the core issue that In a new letter from CBO dated Feb- would we not agree that once the econ- brought us to the point of needing a ruary 11 providing a year-by-year anal- omy has recovered, we should proceed stimulus bill in the first place, and ysis of the economic effects of spending on a path to a balanced budget and that is the housing crisis. of the pending stimulus legislation, stop some of these spending programs I would remind my colleagues that CBO finds: that are going to be adopted tonight in history shows us that if you run up Beyond 2004 the legislation is estimated to the way of stimulus? Why wouldn’t we enough debt, the answer to it is to reduce GDP by between 0 and 0.2 percent. bring them to a stop? Could it be that print more money, which is the basis of The reduction in GDP is therefore estimated some want these spending programs to the currency, which inevitably leads to to be reflected in lower wages rather than be permanent? inflation, which is the greatest enemy lower employment. The increased debt would I repeat, Milton Friedman said, of the middle class in America. tend to reduce the stock of productive pri- ‘‘There is nothing so permanent as a I see my colleague from New York vate capital. In economic parlance, the debt who is going to talk on many things, would ‘‘crowd out’’ private investment. temporary Government program,’’ and Workers will be less productive because the I am sure we will see many of these including the terrible tragedy that has capital stock is smaller. The legislation’s programs in the stimulus live a long, taken place in the crash of the airliner long-run impact on output also would depend long life. in New York. But I also want to, while on whether permanently changed incentives In a recent Washington Post op-ed he is on the floor, strongly disagree to work are saved. The legislation would not entitled ‘‘$800 billion Mistake,’’ Martin with his comment that the American have any significant permanent effects on Feldstein, an economic professor at people do not care about little porky those incentives. Harvard University and president projects. Americans care. I can only I know my colleagues are going to emeritus of the National Bureau of speak for my constituents in Arizona, say we are going to do other things.

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.003 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2260 CONGRESSIONAL RECORD — SENATE February 13, 2009 And we need to do other things—re- EXAMPLES OF QUESTIONABLE PROVISIONS IN $3.4 billion for Fossil Energy Research and form entitlements. We should have, in THE CONFERENCE REPORT—STIMULATIVE? Development including: $1 billion for fossil this legislation, put ourselves on a $200 million to consolidate the DHS head- energy research and development programs; path to entitlement reform by setting quarters in Washington, DC. $800 million for Clean Coal Power Initiative $15 million for historic preservation grants Round III Funding Opportunity Announce- up commissions for both Social Secu- ment; $1.52 billion Clean Coal Demonstration rity and Medicare reform, but we did for historically black colleges and univer- sities. plants; $50 million for competitive solicita- not, just as we should have had a trig- $25 million for the Smithsonian. tion for site characterization activities in ger to stop spending and put us on a $50 million for the National Endowment for geological formations; $10 million for geo- path to a balanced budget once our the Arts. logic sequestration training and research economy recovers. $5.55 billion for the Federal Buildings grants; $10 million for program direction It is unfortunate that even in these Fund, including $750 million for Federal funding. difficult economic times, Members of buildings and U.S. Courthouses; $450 million $1.6 billion for DOE Science program. for the Department of Homeland Security $1.2 billion for summer youth jobs (for indi- Congress couldn’t resist the tempta- viduals up to age 24). tion to lard up this bill with billions of headquarters; $4.5 billion to convert GSA fa- cilities to ‘‘High-Performance green facili- $1.5 billion to provide short term rentals dollars in unnecessary spending that ties’’. assistance for families who may become will do nothing to stimulate the econ- $300 million for new energy efficient vehi- homeless. $2.25 billion to install new windows and omy. What makes this most disturbing, cles for the Federal government including furnaces of HUD homes. in order to include these questionable hybrid vehicles, and electric vehicles, and $100 million to remove lead-based paint. provisions in the final measure, the ‘‘commercially-available, plug-in hybrid ve- $8 billion for high speed rail. conferees cut some of the few truly im- hicles’’ which many believe would include $90 million for additional passport facili- portant spending provisions that had golf carts. ties. been included in the House and Senate $100 million for grants to small shipyards. $53.6 billion for a State Fiscal Stabilization $7.2 billion to accelerate broadband deploy- bills. Fund for education—$14 million for adminis- ment in unserved and underserved areas and tration, oversight, and evaluation; $5 billion For example, I don’t understand how, to strategic institutions, split between the on the one hand, the conferees can cut for State Incentive Grants and an Innovation Department of Commerce, to administer $4.7 Fund. close to $3 billion from the Senate bill billion in grants, and the Department of Ag- $86.6 billion to State Medicaid programs for Department of Defense and vet- riculture, to administer $2.5 billion in grants through a temporary increase in the Federal erans hospital and medical facilities and loan activity. Medical Assistance Percentage. and, on the other hand, add funding $50 million to upgrade the computer sys- $1.1 billion for comparative effectiveness above either House- or Senate-passed tems at the Farm Service Agency. research: $300 million for the Agency for bills for State Department information $50 million for aquaculture producers. Healthcare Research and Quality; $400 mil- $300 million in grants for a diesel emission technology upgrades, totaling $290 mil- lion for the NIH; $400 million to be used at reduction program. the discretion of the Secretary of HHS. lion. Information technology may be $50 million to build biomass plants. $2 billion for the Office of the National Co- worthwhile, but I am dumbfounded as $165 million for U.S. Fish and Wildlife ordinator for Health Information Tech- to the conferees’ rationale for adding Service fish hatcheries and wildlife refuges. nology. funding for information technology $25 million for habitat restoration, trails $13 billion for Education for the Disadvan- programs that exceeds either Cham- repairs, and the cleanup of abandoned mines taged: $10 billion for title I formula grants; ber’s recommendations and cuts de- on BLM lands. $3 billion for School Improvement grants. fense and veterans. We all talk about $140 million for USGS stream gauges, and $720 million for School Improvement Pro- volcano monitoring systems. grams: $650 million for Enhancing Education our commitment to veterans. Certainly $200 million to repair leaking underground through Technology program; $70 million for VA hospital and medical facilities are storage tanks under the Leaking Under- Education for the Homeless Children and badly needed, as we found in the scan- ground Storage Tank Trust Fund. Youth program. dal of Walter Reed. $85 million to upgrade the computer sys- $10 billion for the National Institutes of Just as egregious, the conference re- tems at the Indian Health Service. Health: $1.3 billion for the National Center port provides $1 billion for prevention $1 billion for the Bureau of the Census, in- for Research Resources; $8.2 billion for the and wellness programs that were pre- cluding $250 million for partnership and out- Office of the Director; $500 million for build- viously struck by the Senate and re- reach efforts to minority communities and ings and facilities for Bethesda, MD. ported to be for smoking cessation pro- hard-to-reach populations. Mr. MCCAIN. Among these are $200 $650 million for digital television converter million to consolidate the DHS head- grams and STD prevention. Why is this box coupon program, with $90 million for added back in, even though it may be education and outreach to vulnerable popu- quarters in Washington, DC; $15 mil- worthy, at the expense of military lations. lion for historic preservation of His- members, families, and veterans whose $230 for operations, research and facilities torically Black Colleges and Univer- funding was cut? at the National Oceanic and Atmospheric sities; $25 million for the Smithsonian; The conference report provides more Administration (NOAA). $50 million for the National Endow- funding for grants to provide high- $600 million for the procurement, acquisi- ment for the Arts; $5.55 billion for the speed Internet to Americans, $7.2 bil- tion and construction at the NOAA. Federal Buildings Fund, including $750 $400 million for science at the National million for Federal buildings and U.S. lion, than it does for military and vet- Aeronautics and Space Administration erans affairs construction—again, at (NASA). courthouses. the expense of our Nation’s bravest and $150 million for aeronautics at NASA. The list goes on: $300 million for new most worthy. The conference report $2.5 billion for the National Science Foun- energy-efficient vehicles for the Fed- falls short in addressing the needs of dation (National Science Foundation), of eral Government; $100 million for our military and veterans who have which $300 million is for the Major Research grants to small shipyards; $7.2 billion given so much in support of this coun- Instrumentation program, and $200 million to accelerate broadband deployment in try and our democratic values. for academic research facilities moderniza- unserved and underserved areas and to Again, these are not tiny, porky tion. strategic institutions. By the way, cer- $400 million for major research equipment tainly the Presiding Officer knows we amendments. The American people do and facilities construction at the NSF. care what we are talking about. If the $375 million for Mississippi River and Trib- cannot spend within the next year $7.2 American people don’t care, then on utaries. billion or anything like it to accelerate behalf of the American people, we $2.5 billion for applied research concerning broadband deployment because of the should take out these little tiny, porky energy efficiency and renewable energy in- nature of the challenge. There is $50 items that will provide questionable cluding $800 million for biomass and $400 mil- million to upgrade the computer sys- stimulative effects. lion for geothermal activities and projects. tems at the Farm Service Agency; $50 I have a long list, and I ask unani- $5 billion for the Weatherization Assist- million for aquaculture producers; $300 ance Program. million in grants for a diesel emission mous consent that it be printed in the $2 billion for Advanced Battery Manufac- RECORD. turing grants. reduction program; $50 million to build There being no objection, the mate- $300 million for the Energy Efficiency Ap- biomass plants; $150 million for USGS rial was ordered to be printed in the pliance Rebate program and the Energy Star stream gauges and volcano monitoring RECORD, as follows: Program. systems; $200 million to repair leaking

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.004 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2261 underground storage tanks under the nationalised? Yes, in some circumstances. 1982. Net private-sector capital flows to the Leaking Underground Storage Tank Only the foolish and the partisan have re- emerging markets are likely to fall to $165 Trust Fund; $1 billion for the Bureau of jected (or embraced) any solutions categori- billion, from a peak of $929 billion in 2007. the Census. We will be talking more cally. Even if there were no policies to undermine But the re-emergence of a spectre from the it, globalisation is suffering its biggest re- about this issue. We can’t have the cen- darkest period of modern history argues for versal in the modern era. sus taken from the Department of a different, indeed strident, response. Eco- Politicians know that, with support for Commerce and put in the White House. nomic nationalism—the urge to keep jobs open markets low and falling, they must be We can’t politicize the process of the and capital at home—is both turning the seen to do something; and policies designed system. We will be talking more about economic crisis into a political one and to put something right at home can inad- that later on. threatening the world with depression. If it vertently eat away at the global system. An There is $230 million for operation, is not buried again forthwith, the con- attempt to prop up Ireland’s banks last year research, and facilities at the National sequences will be dire. sucked deposits out of Britain’s. American plans to monitor domestic bank lending Oceanic and Atmospheric Administra- DEVIL TAKE THE HINDMOST Trade encourages specialisation, which month by month will encourage lending at tion. You can make arguments for all home rather than abroad. As countries try to these programs as worthwhile. You brings prosperity; global capital markets, for all their problems, allocate money more effi- save themselves they endanger each other. The big question is what America will do. cannot make arguments that they ciently than local ones; economic co-oper- At some moments in this crisis it has shown stimulate the economy in a short pe- ation encourages confidence and enhance se- the way—by agreeing to supply dollars to riod. There is $150 million for aero- curity. Yet despite its obvious benefits, the countries that needed them, and by guaran- nautics at NASA; $2.5 billion for the globalised economy is under threat. teeing the contracts of European banks when Congress is arguing about a clause in the National Science Foundation, of which it rescued a big insurer. But the ‘‘Buy Amer- $800 billion-plus stimulus package that in its $300 million is for the Major Research ican’’ provisions in the stimulus bill are most extreme form would press for the use of Instrumentation Program and $200 mil- alarmingly nationalistic. They would not American materials in public works. Earlier, lion for academic research facilities even boost American employment in the Tim Geithner, the new treasury secretary, short run, because—just as with Smoot- modernization; $275 million for the accused China of ‘‘manipulating’’ its cur- Hawley—the inevitable retaliation would de- Mississippi River and tributaries; $10 rency, prompting snarls from Beijing. stroy more jobs at exporting firms. And the million for program direction funding Around the world, carmakers have lobbied political consequences would be far worse in fossil energy research and develop- for support (see article), and some have got than the economic ones. They would send a it. A host of industries, in countries fro India ment; $1.6 billion for DOE science pro- disastrous signal to the rest of the world: the to Ecuador, want help from their govern- gram; $2.25 billion to install new win- champion of open markets is going it alone. dows and furnaces in HUD homes; $8 ments. ATIMETOACT billion for high-speed rail. The grip of nationalism is tightest in banking (see article). In France and Britain, Barack Obama says that he doesn’t like The high-speed rail program is very politicians pouring taxpayers’ money into ‘‘Buy American’’ (and the provisions have interesting. It started out at $2 billion ailing banks are demanding that the cash be been softened in the Senate’s version of the and now has been raised to $8 billion, a lent at home. Since banks are reducing over- stimulus plan). That’s good—but not enough. remarkable increase in funding, when all lending, that means repatriating cash. Mr Obama should veto the entire package we think about it. There are media re- Regulators are thinking nationally too. unless they are removed. And he must go ports that state this could probably be Switzerland now favours domestic loans by further, by championing three principles. used for the Las Vegas-Los Angeles ignoring them in one measure of the capital The first principle is co-ordination—espe- high-speed rail. The list goes on. its banks need to hold; foreign loans count in cially in rescue packages, like the one that full. helped the rich world’s banks last year. The fact is, there are also policy pro- Governments protect goods and capital Countries’ stimulus plans should be built visions. The conference report still in- largely in order to protect jobs. Around the around common principles, even if they dif- cludes the protectionist ‘‘Buy Amer- world, workers are demanding help from the fer in the details. Co-ordination is good eco- ican’’ provisions that will damage the state with increasing panic. British strikers, nomics, as well as good politics: combined ability of U.S. corporations to export quoting Gordon Brown’s ill-chosen words plans are also more economically potent and create jobs at home. If passage of back at him, are demanding that he provide than national ones. this bill triggers retaliatory trade ac- ‘‘British jobs for British workers’’ (see arti- The second principle is forbearance. Each cle). In France more than 1m people stayed nation’s stimulus plan should embrace open tion by foreign countries against the away from work on January 29th, marching markets, even if some foreigners will benefit. United States, Congress will have suc- for jobs and wages. In Greece police used tear Similarly, financial regulators should leave ceeded in deepening one of the worst gas to control farmers calling for even more the re-regulation of cross-border banking recessions of our time. subsidies. until later, at an international level, rather There is an article in this week’s Three arguments are raised in defence of than beggaring their neighbours by grabbing Economist magazine entitled ‘‘The re- economic nationalism: that it is justified scarce capital, setting targets for domestic turn of economic nationalism, A spec- commercially; that it is justified politically; lending and drawing up rules with long-term ter is rising. To bury it again, Barack and that it won’t get very far. On the first consequences now. point, some damaged banks may feel safer The third principle is multilateralism. The Obama needs to take the lead.’’ It talks retreating to their home markets, where IMF and the development banks should help about the ‘‘Buy American’’ provisions. they understand the risks and benefit from to meet emerging markets’ shortfall in cap- At the end it states: scale; but that is a trend which governments ital. They need the structure and the re- Once again, the task of saving the world should seek to counteract, not to encourage. sources to do so. The World Trade economy falls to America. Mr. Obama must On the second point, it is reasonable for poli- Organisation can help to shore up the trad- show that he is ready for it. If he is, he ticians to want to spend taxpayers’ money at ing system if its members pledge to complete should kill any ‘‘Buy American’’ provisions. home—so long as the costs of doing so are the Doha round of trade talks and make good If he isn’t, America and the rest of the world not unacceptably high. on their promise at last year’s G20 meeting are in deep trouble. In this case, however, the costs could be to put aside the arsenal of trade sanctions. I ask unanimous consent that the ar- enormous. For the third argument—that pro- When economic conflict seems more likely tectionism will not get very far—is dan- than ever, what can persuade countries to ticle be printed in the RECORD. gerously complacent. True, everybody sen- give up their trade weapons? American lead- There being no objection, the mate- sible scoffs at Reed Smoot and Willis ership is the only chance. The international rial was ordered to be printed in the Hawley, the lawmakers who in 1930 exacer- economic system depends upon a guarantor, RECORD, as follows: bated the Depression by raising American prepared to back it during crises. In the 19th tariffs. But reasonable people opposed them century Britain played that part. Nobody did [From the Economist, Feb. 5, 2009] at the time, and failed to stop them: 1,028 between the wars, and the consequences were THE RETURN OF ECONOMIC NATIONALISM economists petitioned against their bill. Cer- disastrous. Partly because of that mistake, Managing a crisis as complex as this one tainly, global supply-chains are more com- America bravely sponsored a new economic has so far called for nuance and pragmatism plex and harder to pick apart than in those order after the second world war. rather than stridency and principle. Should days. But when nationalism is on the march, Once again, the task of saving the world governments prop up credit markets by of- even commercial logic gets trampled economy falls to America. Mr Obama must fering guarantees or creating bad banks? underfoot. show that he is ready for it. If he is, he Probably both. What package of fiscal stim- The links that bind countries’ economies should kill any ‘‘Buy American’’ provisions. ulus would be most effective? It varies from together are under strain. World trade may If he isn’t, America and the rest of the world one country to the next. Should banks be well shrink this year for the first time since are in deep trouble.

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.006 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2262 CONGRESSIONAL RECORD — SENATE February 13, 2009 Mr. MCCAIN. Of course, we know pages. It was negotiated in a partisan testing of a missile, to renewed aggres- about Davis-Bacon that will inflate the fashion, behind closed doors, in direct sive rhetoric by North Korea, to others, construction costs of the bill by $17 bil- contradiction to President Obama’s including developing a strategy for Af- lion. Section 604 requires that only do- commitments during the campaign. I ghanistan. But there are also enormous mestic apparel and textile products understand his spokesman yesterday economic challenges here at home. may be procured by the Department of said it was ‘‘an emergency.’’ It may The American people would like us Homeland Security, unless the Sec- have been an emergency, but that was to, and the message they have sent us retary of DHS determines the quality not mentioned during the commit- is, that they want us to sit down and and quantity cannot be procured in the ments made by then-candidate Obama. work together. As I said, this bill United States at market prices, what- Among other things, the conference began with a statement by the Speaker ever ‘‘market prices’’ means. There is a report contains $450 million for Am- of the House: We won. We write the provision which states that within 45 trak security grants through the De- bill. We need to sit down together be- days of enactment, the Governor of partment of Transportation. It wasn’t fore the bill is written, outline the each State shall certify that they will in the House bill, wasn’t in the Senate principles, turn those principles we request and use taxpayer funds pro- bill. It duplicates a program that al- share into concrete legislation, and vided in the bill. It goes on to say that ready exists. work together. I hope we never again if any of the money provided by this I urge my colleagues, when they have have a repetition of a bill that has such bill is not accepted by the Governor, a few spare moments, to look at the enormous consequence that would pass then that State’s legislature can sim- history of Amtrak, a railroad that was through both bodies with literally no ply pass a resolution to bypass the taken over by the Federal Government Republican support—three Senators Governor and receive those funds. I with the intent to turn it over to the out of 178 Members in the House and 40 have never seen a provision such as private sector in a short period. We in the Senate. That is not bipartisan- that in the Congress. have propped it up with billions and ship. I repeat, if the Governor of a State billions of taxpayer dollars, funding I think we passed up an opportunity says his State doesn’t need the money, that will never become profitable. this time. I hope the American people then the State’s legislature can simply A provision recreates the slush fund will respond again by sending us the pass a resolution to bypass the elected that was unanimously rejected by both message. They want us to address the Governor of the State and receive the the House and Senate. The slush fund economic woes we face, but they want funds. What does that say about States allows agency heads to move money us to address them together. This legis- rights and States electing their Gov- around between programs as they see lation, in my view, is very bad for the ernors to lead. It is remarkable. Every fit without any real oversight by Con- economic future of America. Governor in America should be on no- gress. Mr. President, I yield the floor. tice that we may have established a I mentioned high-speed rail. That is The ACTING PRESIDENT pro tem- precedent that if you don’t want to $8 billion. The Senate included $2 bil- pore. The Senator from New York. take taxpayer money, then you can be lion for these programs, and the House f bypassed by your legislature. It is un- didn’t include anything. The con- ference now has added $6 billion. I men- CONTINENTAL AIRLINES FLIGHT constitutional and should be chal- 3407 lenged in court. tioned earlier the veterans and mili- It adds a new far-reaching policy tary construction spending has been Mr. SCHUMER. Mr. President, I rise with respect to unemployment com- cut by over $3 billion below both the today to honor the lives and the memo- pensation entitled ‘‘Unemployment House and Senate bills. Of course, the ries of the victims of the tragic crash Compensation Modernization’’—an in- conference report, among many other of Continental Airlines Flight 3407 in teresting description. The new policy items, contains $50 million for NEA, a Clarence, NY, last night. Our Nation would allow a person to collect unem- worthwhile endeavor, but I don’t see woke up this morning to the deeply ployment insurance for leaving his job how you can make the argument it cre- saddening news that 50 lives were lost to care for an immediate family mem- ates jobs. in this inexplicable tragedy, and our ber’s illness, any illness or disability as A commitment was made that the hearts, our prayers, and our minds are defined by the Secretary of Labor. This spending would be done quickly. The with the families and friends who lost provision stems from legislation intro- conference agreement drops provisions a loved one, the first responders at the duced in the Senate during the 110th that require all funds in the bill to be scene, and the residents of Clarence. Congress that was not approved. Each awarded within 30 to 120 days of enact- I was deeply saddened to hear that State would need to amend their unem- ment. Instead, the report allows nu- one of the victims was Beverly Eckert, ployment insurance in order to receive merous programs to have 3 years or whose husband Sean Rooney perished a portion of the $7 billion added to the more to actually begin spending the in the tragic events of September 11. I bill for this additional unemployment funding. knew Beverly. I worked with her and so compensation program. It provides a I know many of my colleagues, in- admired her fight to make sure another total waiver of cost savings related to cluding my friend from Illinois, are 9/11 never happens again. inland waterways projects; 50 percent here. I don’t want to take too much Beverly was a national role model of the cost is supposed to be carried by time, as many of my colleagues wish to who turned tragedy into inspiration. private companies that utilize the wa- discuss the legislation. I wish to men- She was traveling to Buffalo for what terways. tion there is $2 billion for a neighbor- would have been her husband’s 58th The report establishes the Federal hood stabilization program which could birthday, to take part in a presen- Coordinating Council for comparative go for money for groups such as tation of a scholarship award in his effectiveness research. The bill text ACORN. You could make arguments memory at Canisius High School. She, does not use the term ‘‘clinical’’ when about whether ACORN should be fund- and all the victims of this accident, referring to comparative effectiveness ed. I do not see how that possibly cre- will be greatly missed. Of course, the research, leading to the possibility ates jobs. family members of the other victims, that the bill does not protect against I understand this bill will be passed whose names have not been made pub- the research being used to make cov- this evening. I hope the next time— lic yet, will relate in the future epi- erage decisions based on cost-effective- maybe with TARP—because there are sodes of quiet strength and bravery of ness rather than clinical effectiveness. going to be other issues of enormous their loved ones as well. It includes the Health Information consequence that the Congress and the I spoke with Transportation Sec- Technology for Economic and Clinical President of the United States will face retary Ray LaHood early this morning, Health Act, a massive overhaul of our in the coming weeks and months. I do and he reassured me that the Depart- health IT infrastructure that deserves not believe things are going to get bet- ment of Transportation is taking quick more consideration. ter in the world real soon. We see ac- action to figure out what caused this It is 1,071 pages and a 41-page state- tivities around the world, from the be- accident. Secretary LaHood told me ment of the managers, a total of 1,492 havior of the Russians to the Iranian the first responders who rushed to the

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.007 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2263 scene immediately last night have been all the first responders. This is a time Bush about $150 billion to send back to remarkably brave in their efforts to when communities gather together, be- families in checks of $300 or $600 in the save lives. come a family, work hard to try to ap- hopes that would breathe some life To all the brave men and women who pease the loss but to make certain we back into the economy, cause people to risked their lives to protect the fami- are doing everything in our power to go out and spend more money, buy lies who live in the area of the accident lessen the pain these families will feel. more goods and services, invigorate and to the many who are still on the f businesses, save and create jobs. We did ground fighting the fires that remain, it. We signed up for that approach. It thank you for your service. STIMULUS PACKAGE REPORT did not work. Mr. President, $150 bil- I also spoke, this morning, with Con- Mr. DURBIN. Mr. President, Senator lion was spent for individual families. gressmen CHRIS LEE and BRIAN HIG- MCCAIN is a friend of mine and some- There was the $300 or $600 check, which GINS, county executive Chris Collins, one I respect. We came to the House of I am sure provided some relief. But at and Clarence supervisor Scott Representatives together 27 years ago. the end of the day, when we took a Bylewski to offer help. I am comforted He came to the Senate before me, and look at the economy, it continued to that everyone at the Federal, State, we have served together for over 12 cascade downhill. Simply doing $150 and local levels stands ready to provide years. I respect him very much, and I billion in tax cuts did not do it. whatever help is needed. know he speaks from the heart when he Then President Bush came to us and Our thoughts and prayers also go out addresses this stimulus package. But I said: I need $700 billion. It was a stag- to the people of Clarence and the entire would like to take a few moments to gering amount of money, but we were Buffalo area who were, no doubt, leav- reflect on some of the arguments he told by Secretary Paulson, Secretary ing for work and school with very has made, and at any point in my pres- of the Treasury, Ben Bernanke, Chair- heavy hearts this morning. entation invite the Senator, if he is man of the Federal Reserve, and oth- As a Senator, I am proud to serve the nearby, to come join me on the floor to ers, that if we did not do it and do it people of western New York. They are discuss this matter in debate. Sadly, quickly, the economy could go into a a resilient community, and if there is the Senate no longer debates in the old crisis which could be felt worldwide. any comfort to this tragedy, it is in style. We give speeches and many It was the most sobering meeting I knowing that their outreach to the vic- times are like ships passing in the ever attended as a Member of Congress tims’ families will be generous and lov- night. So I hope, if he is available—and when I heard this, and I felt duty- bound to do everything I could to co- ing. I know he may not be; he has a busy operate with the Republican President, Just last month, the world exalted schedule, too—I hope he will return to to give him the resources he wanted to when flight 1549 landed on the Hudson the floor, and we can talk about some try to breathe life back into this econ- River without a single loss of life. Yet of the arguments he made, and he can omy, to get the credit institutions today we are faced with this horrible address them directly. In the mean- moving forward, and I voted for it. At tragedy. At times such as this, the only time, I would like to speak to a few of the end of the day, $350 billion was thing that helps us is our faith that them myself. spent and, I am afraid to say, very lit- there is a greater wisdom that, at Senator MCCAIN argues that spending tle positive occurred. In fact, we are times such as this, is hard to under- $790 billion, which the President has still trying to get an accurate account- stand. suggested for a recovery and reinvest- Again, I offer my deepest condolences ing of what happened to that money. ment, is too much money. He argues These were the first two attempts by to the victims’ families and friends as the bill is too large, there is too much we continue to learn more about the the previous Republican administra- money in this bill. Keep in mind, this tion; first, a $150 billion tax cut, then a cause of this tragic accident. money is going to be spent out over a Mr. President, I yield the floor. $700 billion TARP funding they called The ACTING PRESIDENT pro tem- 2-year, maybe 3-year period, most of it it—the Troubled Asset Relief Pro- pore. The Senator from Arizona. on the front end, most of it in the first gram—which the Democrats cooper- Mr. MCCAIN. Mr. President, I say to 18 months, but much of it over a longer ated in and said: Mr. President, though my colleague from New York that all period of time. So we are talking about we are of a different political party, of us join in expressing sympathy and roughly $350 billion to be spent, for ex- this is a national crisis, and we will sorrow at the loss of these wonderful ample, in the first year, maybe as work with your best minds to try what Americans. Thank you for your elo- much as $600 billion or $700 billion by we can to turn this economy around. quent words. They are deeply appre- the end of the second year. It is a huge We debated it, and we changed parts ciated. sum of money. It may be the largest of it. We are expected to. That is what Mr. President, I would like to men- bill we have ever considered, certainly Congress has as a responsibility. But tion to my colleagues that so far we the largest stimulus bill we have ever there was no question from the begin- have speaking requests from Senators considered, on the floor of the Senate. ning that the Democratic Congress was COBURN, ENZI, ROBERTS, BENNETT, But I will tell you that most econo- going to cooperate with the Republican HUTCHISON, BARRASSO, ENSIGN, THUNE, mists, in looking at this bill, raise the President because we had a national KYL, CORNYN, SESSIONS, and then ALEX- question about whether it is enough, emergency on our hands. ANDER, GRASSLEY, BROWNBACK, and considering the size of the American Now comes the new President, Presi- GRAHAM. So I would urge my col- economy, No. 1. It is an economy that dent Barack Obama, sworn in a little leagues to come over so we can move generates more than $14 trillion a year over 3 weeks ago. The crisis, which we forward with this process. in the production of goods and services. had hoped would have turned, in fact, The ACTING PRESIDENT pro tem- It is an economy that is flat on its had worsened. He inherited the worst pore. The Senator from Illinois. back. It is an economy deep in reces- economic crisis in 75 years. You have sion, with high unemployment, with f to go back to President Franklin Roo- businesses failing, with families losing sevelt and the awful Depression he saw CONTINENTAL AIRLINES FLIGHT their health insurance, with a lot of to find another President faced with 3407 misery being spread across the coun- this kind of an economic challenge. Mr. DURBIN. Mr. President, I join in try. The obvious question is: What can President Obama came to office and saluting my colleague, friend, and we do to change it? said: We have to do something. We roommate—we share a house on Cap- Last year, President George W. Bush have to try to find a solution. We need itol Hill—Senator SCHUMER. I am sure saw this coming, and he suggested the to put the best minds, the best econo- he speaks for Senator GILLIBRAND, as way to change it was to offer tax mists, and the best leaders together to well, in expressing sympathy for the breaks, tax rebates to families. The come up with an approach which will loss that occurred outside the city of Democratic Congress said to the Re- stop this recession from growing and Buffalo last night, with the crash of publican President: If this is what you getting worse and will turn this econ- this Continental Airlines flight. want us to do to try to turn the econ- omy around. He said, similar to Presi- My sympathy goes out to all the fam- omy around, we will do it. We enacted dent Bush: I would like the help of both ilies and friends and my admiration to bipartisan legislation to give President political parties to do it.

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.008 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2264 CONGRESSIONAL RECORD — SENATE February 13, 2009 Well, it is natural a President would native. They are not proposing any- if you don’t make the right investment ask for that. Because the crisis that thing that will stimulate this economy and turn this economy around, we will faces us is not a Democratic crisis or a to this measure. They offered a plan pay dearly for years to come. Republican crisis. Families who do not which I think was at least thoughtful Now, there was also talk about the vote, families who are Independents, in one respect which tried to address way this bill was written. It is true families of both political parties are the housing crisis, but it didn’t come that much of the negotiation for this being affected. close to investing the money in this bill occurred behind closed doors, but President Obama made a presen- economy that we need to try to turn it there was a conference committee, tation of this recovery and reinvest- around. So I say to my friends on the which is a rarity on Capitol Hill, where ment program, and he estimated the Republican side: If you can’t come up Members of both political parties came cost to be around $750 to $800 billion. with a viable alternative, if you can’t forward to talk about the bill. Why did The Senator from Arizona thinks that come up with a solution, then being so much of it happen outside of the is an unnecessarily large sum. I might critical of President Obama’s plan conference committee? Well, it reflects say to the Senator that he knows, as doesn’t have much credibility. You the reality of how business is done well as I do, that last year the U.S. need to acknowledge we have a prob- most of the time here on Capitol Hill. stock market lost $7 trillion in value. lem and work with us to try to solve it. I know it needs to get better, Senator You can see it in the Dow Jones It is interesting too that there is this MCCAIN does, and I am sure President index—now somewhere near 8,000. At argument on the Republican side—and Obama agrees, but this is what we one point, it was near 15,000. Mr. Presi- I heard it from the Senator from Ari- came down to. This is the dilemma we dent, $7 trillion in lost stock market zona—that this is too much money. If came down to: President Obama value is $7 trillion in lost savings and we don’t do something, if the recession reached out to House Republicans and lost retirement plans. continues and gets worse, here is what Senate Republicans and said join me in To argue that spending $350 billion to happens: Fewer people are working, writing this bill, and only three try to stop this slide is overspending, fewer dollars are collected for income stepped up. Three Republican Senators overlooks the obvious. With $7 trillion tax, fewer dollars are being spent, less said we will join you in writing the lost in stock market value, to do noth- sales tax is collected, values of real es- bill. They have played a major role, ing, to allow this to continue, is to run tate continue to go down, property tax those three Republicans, in writing the risk that even more value will be receipts go down, and we find that the this bill. They have changed priorities lost and the dreams and plans of fami- receipts and revenues of the Govern- in spending. They have eliminated lies across America will have to be ment start getting fewer and con- some programs. They have pushed for- changed. stricted. At the same time, the de- ward with more money in some areas There is something else we know as mands for government services go up. and less in others. They have made a well. Because of the state of the econ- Unemployed people need a helping profound difference in the bill because they started with the premise that if omy, we have what the economists call hand. They need a hand to feed their we can bring this bill to a point where the paradox of thrift. If you look to families and keep them together. They they can accept it, they would vote for your near future for your family, and need a hand to provide some kind of it. Now, that is not an unreasonable you are worried about your job or your health insurance. So the demands for wife’s job or your children, you are thing to ask. government services go up and reve- If someone wants to sit down and likely to say: We better be careful. We nues go down, and it is a perfect recipe amend the bill and change the bill, the shouldn’t make big purchases now for deficit. obvious question is—and at the end of until things are pretty clear. Put more It is no surprise—and I think this the day we are successful and make the money in savings and hold back a lit- chart, if I am not mistaken, shows it— changes you asked for—will you help tle. Be thrifty. That is a natural reac- across America 46 States are now fac- us pass the bill? For many Repub- tion. It is a defensive mechanism when ing budget deficits, and it could get licans, the answer has been: No; we people see a troubling economy. Al- worse. It shows a cumulative budget want it both ways. We want to change though it makes sense on an individual deficit of $350 billion through 2011. So this bill, but we are never going to vote family basis, it creates in the overall failing to respond to this situation will for it. economy exactly the opposite of what mean even deeper deficits. To argue I recall an amendment offered by a we need. What we need is more con- that spending about $790 billion now Republican Senator from Iowa in the fidence and people stepping forward will add to the deficit is to ignore the Senate Finance Committee which and saying, I think we are through obvious. Doing nothing and allowing added $70 billion in costs to this bill for this; I think we will be through this the recession to occur and get worse a tax cut I personally approve of but soon, and I need to make some pur- will give us deficits not only this year wasn’t in the original bill. So he added chases that I have held off making. As but for years to come, not to mention $70 billion in costs to the bill and then they buy things, they create more eco- the suffering that families and busi- came to the floor and said I can’t vote nomic activity, businesses flourish, and nesses will go through in the process. for this bill because it costs too much. jobs are created and saved. So as people If I came to Senator MCCAIN and said Now, wait a minute. You can’t have it are thrifty in an economy and hold to him: I know of your interest in na- both ways. You can’t add to the cost of back, it deepens the recession. Defla- tional defense. You are a war hero from the bill in the committee and then tion is what they call it. This year we Vietnam and I respect you so much for come to the floor and say I can’t vote will lose $1 trillion in spending in it, and I know you have focused on for the bill because it costs too much. America. We estimate that families Americans’ national security more It happened. holding back, consumers holding back than any other issue. If I told you there Another Senator on the floor offered will spend $1 trillion less. Remember, was a threat to America, whatever it what I thought was a valuable idea. It our overall economy is about $14 tril- might be, and that we had better pre- needed some changes here and there lion, so that represents about 7 percent pare ourselves to defend ourselves, but a valuable idea: Create tax incen- of our economy which will contract be- would you stop and say first tell me tives for people to buy homes. I like it. cause of fear, concern about our future. how much it costs, or would you first I believe we have improved it in this What President Obama has said is at say keep America safe, that is our first bill, but it was at least a sound idea to this moment we need to inject money obligation; we will talk about the cost start moving the housing market for- into this economy. We need to show later? I expect that would be his reac- ward. Well, it turns out that Senator as the American people we can save and tion. It might be my reaction as well— well added between $11 billion and $30 create jobs. We need to have more eco- it probably would be my reaction as billion to the cost of the bill with his nomic activity so that businesses will well. So here, when we face a national amendment which was adopted, and survive, and we need to see our way economic crisis, for any Senator to then said I can’t vote for the bill; it through this crisis. That is what he has stand up and say, You know, there is costs too much. Again, you can’t have come forward with. So the critics of only a limited amount of money we can it both ways. If many Republican Sen- President Obama’s plan have no alter- spend on this, is to ignore the fact that ators wonder why they aren’t in the

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.009 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2265 room talking about the ultimate bill, We also had some criticism from the Federal Government down to my local it is because they have already made a Senator from Arizona about the ‘‘Buy school district. Well, the Governor in public pronouncement that no matter American’’ provisions. I have to tell my State is going to accept the funds, what you do to the bill, we are not my colleagues something. I respect I can assure my colleagues, but what if going to vote for it. How much time him, because I know he believes this in we were in a State where the Governor should we spend talking to those Sen- his heart of hearts. I certainly do not said we don’t need this money. I don’t ators? We are never going to pass a bill stand here and endorse isolationism, know why Washington did it. I am not if we spend our time agreeing to protectionism, or economic nation- going to sign up and ask for it. There amendments they like so they can vote alism, but shouldn’t our priority with ought to be a way that school district against the bill. That is the case, un- America’s tax dollars be in putting can still benefit even if the Governor fortunately, too many times. Americans to work, creating good-pay- sees it differently, and that is the rea- There is also this notion Senator ing jobs right here at home, buying as son for the provision Senator MCCAIN MCCAIN raised that Speaker PELOSI many goods and services within our raised. said, We won the election; we wrote the economy as we can? Senator MCCAIN also said that bill bill. Well, I can tell my colleagues the Senator DORGAN of North Dakota of- was done in a partisan fashion, behind American people did speak on Novem- fered an amendment which was a very closed doors. I can tell you the Repub- ber 4 and there was a decision in the thoughtful amendment and it said: We lican Senators who were engaged in election, but President Obama could are going to buy American, but what- this process on the Senate side made it not have reached out more to try to ever we do will be consistent with our as bipartisan as possible. They were in- bring in Republicans in the House and international trade agreements. That volved—all three of them—in very de- Senate to help write this bill. Three is a reasonable approach. I think as far tailed discussions about what was in- stepped forward. Those three were in as we can go under existing law and cluded in the bill. Yes, it is true, some on the negotiations. Those three had a treaties, we need to try to help Amer- were discussions behind closed doors, profound impact on the bill. I respect ican families get back on their feet and but, ultimately, this bill is public for them very much; the two Senators Americans back to work. There is those interested in reading and care- from Maine, OLYMPIA SNOWE and SUSAN nothing unreasonable about that. I fully looking through it, and they COLLINS, and the Senator from Penn- think it may go a little too far with should. That is part of the process. sylvania, ARLEN SPECTER. If you would this economist’s article and others who I might add, there is more to follow. ask them today: Did you influence this argue we are getting back into some This bill has no earmarks in it. There bill, the answer is obvious. They did. era of protectionism. Senator DORGAN’s is no specific project that is appro- They made a big impact on this bill be- amendment I think was a thoughtful priated funds in this bill. That was our cause they were prepared to sit down one and will help us address that issue. promise. There is increased funding in and work with us and said, If we can There was also some concern about all the agencies receiving more funds find an agreement, we will vote for it. Governors. I can tell my colleagues for oversight so the inspectors general So, in fact, we did win the election, but why there is a provision in this bill rel- can keep an eye on the money being we know we need the help of both polit- ative to the power of Governors. We spent. There will be an accountability ical parties to solve our Nation’s prob- have this amazing situation where and transparency board to coordinate lems, and we are trying our best. there are literally Governors—only a and provide regular reports to Con- Senator MCCAIN also raised questions handful—across the Nation who are gress. We are going to have a recovery about the cost per job. If you take the saying we don’t want the money. We Web site where people across America overall cost of the bill—$790 billion, don’t need the money for our States. I can follow the expenditures of these roughly—and the projected increase in don’t know why you are going to force funds, so they can see what is hap- jobs—anywhere from 1 million to 3.9 us to take this money. pening nationally and in their States. million—he does simple math and Well, that is their political point of I think it also is going to protect comes to the conclusion that we are view. Most States are having trouble. State and local whistleblowers. These spending too much money for each job So what we said at the outset is we are tax dollars collected for people who we are creating. What the Senator did want Governors to request the funds. work hard for them. These dollars not note was that about a third of this Literally billions of dollars will be should be spent in a responsible way, bill goes to tax cuts to everyone. It coming to their States and they should with transparency. isn’t in the creation of a single job, but request it. That is not unreasonable. Senator MCCAIN also spoke about in trying to help all families—at least We went on to say that if your Gov- Amtrak. Senator MCCAIN is on the those in income categories that we ernor doesn’t request the funds, doesn’t record for a long time against Amtrak. characterize as middle-income fami- ask for the funds to help people in their Again, I respect his position but dis- lies, working families—so that is about States, that the legislature in each agree with it completely. We found in a third of the bill. State can do it. Why did we put that in Illinois and across the Nation when the The second thing he didn’t acknowl- there? Because some of the money will price of gasoline went over $4, millions edge was the money spent in creating a not go through the Governor’s office, of Americans rediscovered, or discov- job has to be looked at in the long but will go directly, for example, to ered for the first time, Amtrak. You term. If you create a job for a worker school districts. Take an example in need a reservation to get on a train in in Illinois and that worker ends up get- my State. In my hometown of Spring- Illinois because they are packed with ting paid $50,000 a year, that worker is field, IL, the school district there will people who realize it is a lot cheaper to going to take his or her paycheck and get additional funds for IDEA. That is use the train. Of course, in using a spend it. In spending that paycheck, it the Federal program that provides train, there is less traffic congestion is going to put more money back into money to school districts so they can and less pollution. Ultimately, expand- the economy. At the shops and stores educate and help children with special ing Amtrak—even high-speed rail, they go to there will be receipts, prof- needs. It is an expensive commitment which is part of this—is part of the fu- its, more people working, and the peo- and it is one the Federal Government ture. Senator MCCAIN sees it dif- ple who are working there will take has not done its share of over the ferently. I respect him for that, but I their paychecks and go on and spend years. That money would go to the think the investment in Amtrak is them as well. It is the so-called multi- school district to help them meet their money well spent, jobs right here in plier effect which I am sure the Sen- needs for teachers and classrooms, and America building tracks, expanding ator from Arizona is well aware of. So it would also suppress the need to raise Amtrak service, and providing train to assign the value of each job as being property taxes which no one wants. service that will benefit our country $100,000, $200,000, whatever the cost is, Also, money will go to the schools in for a long time to come. is to overlook the fact that that my hometown that have a larger per- I might say, as well, to my friend money, through the workers, is spent centage of disadvantaged kids, kids from Arizona that this bill, though he and respent time and again. That is from low-income families. It is called and his fellow Senators may vote what helps us rebuild the economy. title I. That money is coming from the against it, is going to create or save

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.010 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2266 CONGRESSIONAL RECORD — SENATE February 13, 2009 70,000 jobs in Arizona over the next 2 TARP funds of $700 billion. We gave the out a few examples, again quoting from years. It will provide a tax cut of up to President the bipartisan support he the Wall Street Journal on the same $800 for more than 2 million workers wanted, even though some of us may day and an editorial on that issue, they and their families in the State of Ari- have questioned whether it was exactly point out: zona—a tax cut they will greatly ap- the right thing to do. We knew we had The Milwaukee public school system, for preciate, I am sure. And 75,000 Arizona to act together. example, would receive $88.6 million over families will now be eligible, under this Now there is a different mood. Presi- two years for new construction projects bill, to deduct college education ex- dent Obama’s plan is facing a different under the House version of the stimulus— penses for their kids in a way to give standard by some of the Senators on even though the district currently has 15 va- them a helping hand so the kids can the other side of the aisle. I think we cant school buildings and declining enroll- need to jumpstart this economy and ment. Between 1990 and 2008, inflation-ad- stay in college, get their degrees, and justed MPS spending rose by 35 percent, per- go on to be employed profitably and not only bring us to recovery but rein- vest in this economy so we have less pupil spending increased by 36 percent and successfully in their lives. It is going state aid grew by 58 percent. Over the same to provide additional money for the un- dependence on foreign oil, better period, enrollment fell by a percentage point employed in Arizona of $100 a month sources of energy that don’t pollute the and is projected to continue falling, leaving and give them a helping hand in paying environment, modernize our health the system with enough excess capacity for for health insurance. care system, modernize our school sys- 22,000 students. So whether the Senators voted for tem, prepare it for the 21st century, Yet they are going to receive $88.6 this or not, there are benefits coming and do all these things by creating jobs million to build new capacity. Do the directly to their States, which most in America. That is what this is all schools they represent have difficult people would agree are important. It about. That is why it is so critically conditions? Back to the editorial and will provide funding sufficient to mod- important. quoting: I yield the floor. ernize at least 193 schools in Arizona so The PRESIDING OFFICER. The Sen- In general, MPS facilities have been de- the children will have laboratories and scribed by school officials as being in good to ator from Utah is recognized. better-than-good condition— libraries and modern classrooms for Mr. BENNETT. Mr. President, as we the 21st century. Money will be in- come to the final vote on the stimulus Reports the Milwaukee Journal Sen- vested in renewable energy so we will package, I express my great regret that tinel— have less dependence upon foreign oil. I am going to be unable to vote for it the kind of situations that create urgent We are going to move toward the com- because we clearly need a stimulus needs for renovation or new construction in puterization of health records in every package that works. The economy is in some cities have not been on the priority list for MPS officials in recent years. State, including Arizona, Illinois, and serious trouble, and we need to do the Virginia, because we believe that very best we can to restore confidence So we are going to spend money to means doctors can do a better job. in our economy and in our future. build Milwaukee schools and they don’t They can see the background of a pa- Indeed, confidence is the basic issue. have students to fill them. That is the tient when making a diagnosis. It Confidence is what it is all about. We kind of thing the Wall Street Journal means there are fewer medical errors. have had glimpses that have led us to was talking about. Though that was criticized as being believe some sense of confidence could Let’s look at what happened this part of the bill, I think it is money well be restored. Unfortunately, in my view, week. Now, I go not to an American spent. we have squandered the opportunity. publication but to the Economist, If we are talking about health care Let me put it in context. Let’s go printed in Great Britain, which has reform, we need to modernize the way back to the time when President perhaps a more objective view than a we capture and hold health records. Obama was newly inaugurated and peo- publication focused on American poli- Also, the Veterans’ Administration’s ple were looking forward to the stim- tics: system already has computerized ulus package and the activity with re- There was a chance that this week would records. It is the way to go. This bill spect to banks and what would happen mark a turning point in an ever-deepening moves America in that direction. This in the financial industry. If I can quote global slump, as Barack Obama produced the bill, when it comes to the VA, has $1.2 from an editorial that appeared in the two main parts of his rescue plan. The first, billion for VA hospital and medical fa- Wall Street Journal over the weekend and most argued-over, was a big fiscal boost. cility construction and improvements. of February 7 and 8, they were talking They are referring to the stimulus Money that otherwise would not have about the gamble that the stimulus package. been spent on the VA will be spent be- package represents. This is what they The second, and more important, part of cause of the stimulus bill. There is $2.3 had to say: the rescue was team Obama’s scheme for fix- billion for Department of Defense fa- The biggest gamble with this stimulus is ing the financial mess. . . . cilities such as housing, hospitals, and what it means if the economy doesn’t re- They refer there to the unveiling of childcare centers. There is $555 million cover. Monetary policy is already as stimu- the program that Secretary Geithner to expand the DOD homeowners assist- lative as it can safely get, and the Obama ad- gave us on Tuesday of this week. They ance program. There is $150 million ministration is set to announce its big finan- go on to describe the situation: cial fix on Monday. that will be used for more personnel to That Monday was the Monday of this America cannot rescue the world economy process disability claims—something alone. But this double offensive by its big- week, Mr. President. It goes on to say: we need in Illinois, and I bet other gest economy could potentially have broken States need as well. Stocks rallied Friday on expectations of the spiral of uncertainty and gloom that is These are things I think are criti- the latter, despite the job loss report, with gripping investors, producers and consumers big bank stocks leading the way. If done across the globe. cally important to put spending in this right, this will help reduce risk aversion and economy, to breathe life into it, to cre- gradually restore financial confidence. Again, Mr. President, they are point- ing out that we have a significant cri- ate and save up to 3 million or 4 mil- Again, confidence is what we need to lion jobs, to try to stem the tide of this get the economy going in the right di- sis of confidence. They say it applies to recession. rection. Continuing to quote: investors, producers, and consumers. Then they gave their judgment: Again, at the end of the day, we may We hope it does, because the size and waste only have three Republican Senators of the stimulus means we won’t have much Alas, that opportunity was squandered. Mr. voting for it, but unless we stand and ammunition left. The spending will take the Obama ceded control of the stimulus to the act together, we are not going to solve U.S. budget deficit up to some 12 percent fractious congressional Democrats, allowing this problem. of GDP, about double the peak of the a plan that should have had broad support When President Bush needed help 1980s and into uncharted territory. The from both parties to become a divisive par- last year with his economic stimulus tisan battle. More serious still was Mr. tragedy of the Obama stimulus is that Geithner’s financial-rescue blueprint which, plan, we stood together, Democrats and we are getting so little for all that though touted as a bold departure from the Republicans, and gave it to him—first, money. incrementalism and uncertainty that the $150 billion in tax cuts and then the What did they mean when they plagued the Bush administration’s Wall President’s request for the so-called talked about getting so little? Picking Street fixes, in fact looked depressingly like

VerDate Nov 24 2008 06:00 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.012 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2267 his predecessor’s efforts: timid, incomplete momentum we need in order to get to Today’s headline: ‘‘$789.5 Bill Stim- and short on detail. Despite talk of trillion- where we need to be. ulus Coming, But Will It Revive Econ- dollar sums, stock markets tumbled. Far I yield the floor. omy?’’ from boosting confidence, Mr. Obama seems The ACTING PRESIDENT pro tem- We are going to spend all of this at sea. pore. The Senator from Wyoming. money, and every dollar we spend that These are comments not of an Amer- Mr. BARRASSO. Mr. President, like does not actually work to contribute to ican publication, or of a Republican or my colleague from Utah, I too wish I reviving the economy is an extra dollar Democratic partisan, but the com- had something I could vote for, some- our children and their children are ments of an objective observer from thing I believe would stimulate the going to owe to foreign nations because overseas. They go on: economy, would get the job done. But we did not have the self-control to The fiscal stimulus plan has some obvious on this package, based on its size, limit our spending now. flaws. Too much of the boost to demand is based on its magnitude, and based on And then the front page of the Wall backloaded to 2010 and beyond. The com- what I believe are fundamental flaws in Street Journal today, the big question: promise bill is larded with spending deter- it, like my colleague, I will also need mined more by Democrat lawmakers’ pet ‘‘Next Challenge on Stimulus: Spend- to vote no. ing All That Money.’’ projects than by the efficiency with which The other day I was on a local radio the economy will be boosted. Senator BENNETT talked about a very station in Casper, WY, KTWO, ‘‘Brian I will give you an example that fits expensive proposal that is going to be Scott in the Morning.’’ Brian said: How spent, and the Wall Street Journal said that category. Quoting from the Wall do we know, how are we going to judge it would probably take them about 8 Street Journal of today: the success or failure of this bill? And years. By then, this economy is going An obscure Commerce Department office I said, because this is statewide in Wy- to have changed dramatically. with a $19 million budget and fewer than 20 oming: Ultimately the people of Amer- This ‘‘Next Challenge on Stimulus: grant officers would end up in charge of $7 ica will judge the success or failure of billion in grants to expand Internet access in Spending All That Money’’ talks about this bill. If the people believe the Gov- rural areas. the Department of Energy. What does ernment is working for them, then it is it have to say? Mr. President, you have had execu- going to be a success. But if, on the tive responsibility at the State level. I other hand, the people of America be- [Department of Energy] is going to have to dramatically change how it does business if have had executive responsibility in lieve they are working for the Govern- the private sector. Think for a moment it hopes to push all this money out the door. ment because of the debt and they feel . . .They are going to need more people, about the workings of this situation. burdened by this package through in- There is an office with 20 employees ad- more oversight and more freedom to waive creased taxes, through inflation, regulations. ministering a $19 million budget that is through less buying power, through If they are going to spend all this going to receive, under this stimulus more Government regulations, then package, a check for $7 billion and then money in a timely manner, because people will judge this a failure. I want that is what this program is supposed being told: Spend it wisely in expand- it to work. I want something that is ing Internet access in rural areas. to be—timely, temporary, and tar- going to make a difference in the lives geted—if they are going to be able to Mr. President, $7 billion does not get of the people of Wyoming and the peo- spent by 20 people overwhelmed by the spend this money in a timely manner, ple of America. they are going to have to waive regula- task. It does not get spent expanding Brian then specifically said: How will tions. Internet access in rural areas without it work? How is the program actually We will see how they do. This is the careful studies and an intelligent plan going to work? Department of Energy that has a his- laid out. That is where I have to turn to the That is an example of what ‘‘The headlines and the sort of things Sen- tory of delays and of letting costs spi- ral during the delay process. And that Economist’’ is talking about when they ator BENNETT was talking about be- say, and I go back to their quote: cause I don’t think anyone knows. The is today’s Wall Street Journal. Is there waste in this program? Abso- The bill is larded with spending deter- Members of this body don’t know. The mined more by Democrat lawmakers’ pet Members of the House don’t know. The lutely. I think the people of Wyoming projects than by the efficiency with which program is much too big. As Alice get it right. I have had telephone town- the economy will be boosted. Rivlin, the former adviser to Senator hall meetings. I have been home every They go on to talk about more de- Bill Clinton said, we should go with weekend for the past three weekends. tails of the stimulus plan, as well as something half the size. Take a look But the Powell Tribune in Powell, WY, the Geithner plan, but they summarize and do the emergency spending now, has a headline that says: ‘‘Stimulus: it this way under the heading, ‘‘A great and then let these other programs, Take time to get it right.’’ failure of nerve.’’ They say: whether it is energy, environment, edu- If you live in Powell, WY, and you How serious is this setback? One interpre- cation, health care—let’s discuss those write for the paper in Powell, WY, you tation is that Mr. Obama’s crew mismanaged in a deliberate manner. are not one to ever want to quote the expectations—that they promised a plan and But the headlines from the Wash- New York Times. Yet in this editorial came up with a concept. If so, that is a big ington Post say, ‘‘Trim to Stimulus they do. They talk about the New York mistake. Managing expectations is part of Carves Into Goals For Job Creation.’’ Times. They said: A New York Times building confidence and when so much about Are we not trying to create jobs? Isn’t editorial said, ‘‘A bill that is merely these rescues is superhumanly complex, it is better than nothing won’t be nearly unforgivable to bungle the easy bit. that what this is supposed to be all More worrying still is the chance that Mr. about? Not these backed-up projects good enough.’’ Geithner’s vagueness comes from doubt people have had as their pet projects ‘‘A bill that is merely better than about what to do, a reluctance to take tough for years. nothing won’t be good enough. The decisions, and a timidity about asking Con- Another headline, same page: ‘‘De- economy is too fragile. And the num- gress for enough cash. That is an alarming spite Pledges, Package Has Some bers are too huge.’’ prospect. Pork.’’ ‘‘Sifting Through Details of the What I think we should do is people I wish I could support this stimulus Deal,’’ as the Members of this body are should, once the bills get to their package. I am more than happy to still waiting for the copies to come to desks, pack them up, take them home reach out to the administration and do the floor. with them, read them on the plane, whatever I can to help solve this prob- Investors Business Daily: ‘‘Stimulus read them in the car, read them on the lem because our country is in serious Bill Funds Programs Deemed ‘Ineffec- train, read them as they go home, and difficulty and the world, as a whole, is tive’ by [Office of Management and then talk with people about what is in in even more. Budget].’’ Page 1 headline: ‘‘Stimulus the bill, and then come back and vote I regret, in the words of ‘‘The Econo- Bill Funds Programs Deemed ‘Ineffec- on it. Then I think this Senate and the mist,’’ that this is an opportunity that tive’ by the [Office of Management and House would know what the people of has been squandered. I hope in the Budget].’’ Then why are those pro- America would say. Take the time to coming weeks we can do something to grams still here? That was yesterday’s get it right. This bill is too big. It regain the opportunity and regain the Investors Business Daily. spends too much. The cost is too great.

VerDate Nov 24 2008 06:00 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.013 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2268 CONGRESSIONAL RECORD — SENATE February 13, 2009 The risk is too high. And for somebody I have continued this work at the ergy sources is to diversify our energy from Wyoming, it seems to me as Federal level since being elected to the portfolio. though we are firing all our bullets at House of Representatives. In 2003, Half of the States in our great Union once, spending close to $1 trillion on a again along with my cousin TOM have already figured this out and have package that we don’t know whether it UDALL, I introduced a bill to create a made the commitment to producing a is going to work, and if additional help national RES. This bill became the percentage of their electricity using re- is needed, we will have run out of am- basis for a measure we passed out of newable energy. munition. the House in 2007. This measure would But all of our States will benefit Mr. President, I yield the floor. have created an RES of 15 percent by from a national standard, which will The ACTING PRESIDENT pro tem- the year 2020 for our entire Nation. lower natural gas costs nationwide, pore. The Senator from Colorado. Unfortunately, this amendment did create new economies of scale in manu- Mr. UDALL of Colorado. Mr. Presi- not make it through the Senate. It facturing and installation, and offer dent, I ask unanimous consent to be failed by one vote and was not included greater predictability to long-term in- recognized for up to 15 minutes. in the 2007 Energy bill. But now thank- vestors. By reducing the cost of new The ACTING PRESIDENT pro tem- fully, under the leadership of Energy clean technologies and making them pore. Without objection, it is so or- and Natural Resources Committee more available, as a national RES dered. Chairman JEFF BINGAMAN, and with would do, it would help restrain nat- Mr. UDALL of Colorado. Mr. Presi- the growing support of a number of ural gas price increases. dent, today we will pass an economic new Senators, we will have opportuni- This bill will spur economic develop- recovery bill designed to create and ties in this Congress to again pursue a ment with billions of dollars in new save jobs. There are many reasons our national RES. capital investment and new tax reve- economy is in trouble. One can point to Early this week, Chairman BINGAMAN nues for local communities, as well as the housing bubble and bust, failure to held a hearing on his draft language for millions of dollars in new lease pay- properly regulate financial markets, an RES of 20 percent by the year 2020. ments for farmers and rural land- two wars that we have not paid for, and I would like to thank Chairman BINGA- owners. a global credit crunch. But whatever MAN for holding this important hearing For those not yet convinced of the the causes for our economic crisis, a and for his leadership on this issue. I benefits of an RES, I would ask them common thread running through the look forward to working with him to to look at what has happened in Colo- fabric of our economy is energy. I be- get a strong bill through the com- rado. Vestas, a major wind turbine sup- lieve that a decade of shortsighted en- mittee, through both Houses of Con- plier, identified our State RES as a de- ergy policies and missed opportunities gress, and to the President’s desk. termining factor in locating 2,500 jobs has contributed to the economic crisis My desire to win this fight and to in Colorado for its wind turbine manu- we face today. help the chairman is why I joined with facturing headquarters. Additionally, I also believe a way out of this crisis Senator TOM UDALL to introduce this can be found if we develop a smart en- Colorado Governor Bill Ritter has esti- Udall-Udall RES bill that would re- mated that just the solar component of ergy policy. That is what I want to quire 25 percent of our electricity pro- talk about today. the RES has brought 1,500 new solar duced from renewable energy sources jobs to Colorado. Investments in energy technology, by 2025. RES is important for many energy conservation, and sustainable Now, Mr. President, some have ar- reasons. As demand for energy con- gued that a national RES would burden energy will be an important part of the tinues to grow in this country, we need path to economic recovery. We need to some regions of the country at the ex- to make sure we continue to have af- pense of other regions. I would argue get on that path soon. One way we can fordable and reliable electricity sup- move forward is to pass legislation es- the opposite. A national RES would, in plies. fact, create public benefits for all. tablishing a national renewable elec- As demand for energy continues to The bill’s definition of ‘‘renewables’’ tricity standard, which is known as an grow in this country, we need to make is broad, including biomass such as cel- RES. This week, I am joining Senator sure that we continue to have afford- lulosic organic materials; plant or TOM UDALL from New Mexico in intro- able and reliable supplies. And, most algal matter from agricultural crops, ducing such a bill. importantly, as we move to more com- crop byproducts, or landscape waste; Establishing a national renewable petition in the delivery of electricity, gasified animal waste and landfill gas, electricity standard is a goal I have we must make sure consumers and the otherwise known as biogas; and all been striving to achieve for many environment are protected. So it kinds of crop-based liquid fuels. The years. In 1997, as a Colorado State leg- makes sense to put incentives in place islator, I introduced several bills de- to ensure that less polluting and envi- definition includes incremental hydro- signed to advance renewable energy, ronmentally responsible sources of en- power; solar and solar water heating; including a State renewable portfolio ergy can find their way into the mar- wind; ocean, ocean thermal, and tidal; standard. While my bills were voted ketplace. That is what a renewable geothermal; and distributed genera- down in committee and never reached electricity standard, or RES, would tion. Every State has one or more of the full House floor, my work in the help to do. these resources. Colorado House laid a path for action. Not least, our bill would reduce air Further, the argument that the In 2004, as a Member of the House of pollution from dirty fossil fuel power- Southeast would be disadvantaged by a Representatives, I traveled across Colo- plants that threaten public health and national RES—that the Southeast has rado with our then-State House Speak- our climate. no renewable resources—has been er, Republican Lola Spradley, cam- But this bill is also about addressing shown to be inaccurate. In fact, the paigning for the Nation’s first state- two of the greatest challenges facing Southeast is one of the regions of the wide RES ballot measure. our country—national security and country that would see the most ben- Despite well-publicized objections economic growth. With almost all of efit from this proposal. According to from Colorado’s electricity providers, the new electricity generation during the Department of Energy’s Energy In- Colorado voters approved amendment the last decade fueled by natural gas, formation Administration, the tech- 37, which required 10 percent renewable our domestic supply cannot sustain our nology that does best under a national energy production for our State by the needs. RES is biomass. Already, 2,500 year 2015. After we easily reached that Just think, Iran, Russia, and Qatar megawatts of generation come from goal within a few years, the Colorado together hold 58 percent of the world’s biomass in the Southeast, and much of legislature increased this RES to 20 natural gas reserves. As demand for the waste from pulp and paper mills percent by the year 2020, this time with power continues to grow, we should not has yet to be used for generating elec- the support of those very electricity be forced to rely on these unstable re- tricity. providers who opposed the measure ini- gions to sustain our economy, nor do In summary, a national renewable tially because they came to realize the we have to. electricity standard will reduce harm- bottom line benefits of utilizing renew- The best way to decrease our vulner- ful air and water pollution, provide a able sources of energy. ability and dependence on foreign en- sustainable, secure energy supply now,

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.014 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2269 and create new investment, income and figures from the other side that it good, fiscally responsible idea. It was jobs in communities all over our coun- might be 2 cents on the dollar—or $1.02 rejected largely along party-line votes. try. That is why I look forward to of stimulus as opposed to other places No. 2 example: to ensure that the working closely with my colleagues in where, as with food stamps, you might huge amount of State aid money, al- the Senate to ensure the adoption of a get a $3 or $4 return on the investment most $87 billion for Medicaid alone, national renewable electricity stand- from a stimulus. But it needs to be was used by the States to prevent tax ard. there for the simple reason that in increases or cuts in important services. Mr. President, I yield the floor. each of the last 2 years, we have waited We had amendments to do that. The Mr. GRASSLEY. Mr. President, I a long period of time to do it, and it amendments required States to main- suggest the absence of a quorum, and if has created problems for the IRS to do tain their efforts on keeping taxes low it is necessary, to be fair to the other their form work when you do the alter- and not cutting services. That was re- side, I will take it out of the time I native minimum tax in November. jected largely along party lines. have over here, or equally divided. I pushed this amendment, an exten- Another example was to build on the The ACTING PRESIDENT pro tem- sion of the alternative minimum tax individual tax relief in the package. On pore. Without objection, it is so or- patch. I thank the conferees for retain- this side, we offered amendments to ex- dered. The clerk will call the roll. ing it in conference. Many in the pand the relief in amount and by the The assistant legislative clerk pro- Democratic leadership—most particu- number of taxpayers. Those amend- ceeded to call the roll. larly the senior Senator from Illinois— ments also were largely rejected along Mr. GRASSLEY. Mr. President, I ask argued that I should support the pack- party lines. unanimous consent that the order for age based upon that amendment alone. The last example: we tried to divert the quorum call be rescinded. I agree with my friend from Illinois some of the over $1 trillion in this The PRESIDING OFFICER (Mr. that the package was improved with bill—that is $1 trillion when interest KAUFMAN). Without objection, it is so that amendment. I also point out that on this debt is included—to home mort- ordered. all these families in his State—and you gages and housing problems. We offered Mr. GRASSLEY. Mr. President, on can look at Illinois, where there is a amendments to do that. Senator Friday the 13th, there is superstition fabulous number of middle-income tax- ISAKSON prevailed with his amendment that says we shouldn’t be walking payers, 909,000 right now, before this to provide a robust tax credit for home under ladders, we should avoid black bill is signed by the President—would purchases. How was that amendment cats crossing our paths, and certainly be obligated to pay that alternative received in the conference committee? you wouldn’t purposely break mirrors, minimum tax. In my State of Iowa, it The answer is it was dumped and new would you. But since this is the first is a large number; not quite that big. social spending, the priority of a lot of significant piece of legislation in this We need to point out that all the House Democrats, was added back. Congress, and under our new President, families from his State and families These are just a few examples. I we ought to take a look in the legisla- from my State will get a tax cut aver- would like to remind my colleagues tive mirror at what we are doing when aging $2,300 due to the amendment. We that we would cut back the cost of the we vote here today. on this side pushed for that. bill. Ask Senator MCCAIN. I am sure he If you look at the developments of I do not get what the senior Senator will explain, in detail, the large this legislation, you will see some pat- from Illinois was saying. I only heard amounts of money that could be saved. terns. No. 1, House Democrats put to- him say it last night because I was on The true test is in the press reports. gether their priorities and drove their the floor at that particular time. I They note the conference report is not priorities through the House of Rep- don’t get why he doesn’t accept the im- too far off from the basic plans laid out resentatives. They didn’t pretend to provements based on merits alone and by the Democratic leadership. The bot- take any Republican input and they not whether it has anything to do with tom line is the basic outlines of the left out 11 of their own Members in the who supports this bill or who does not. plan did not move all that much be- House of Representatives, as we saw Why he feels the need to continue to tween what was originally passed in from the 11 Democrats who voted criticize me by name for improving the the House, originally passed in the against it. In the Senate, Republicans bill is beyond my comprehension. Senate, and what comes out of con- were consulted, and that is a very posi- Now, instead of repeatedly criticizing ference. It goes back to my basic tive thing, but we were never invited to me by name, I hope the senior Senator point—to be bipartisan you have to the negotiating table. from Illinois would listen to what I have a real offer to negotiate and a sin- We saw this pattern repeat itself at have to say and reflect on it. We do not cere objective to entertain each other’s committee levels and on the floor here need to be partisan, cutout cartoon point of view. There is no better evi- and, of course, the most obvious one, at characters. We can actually engage in dence of that kind of pattern than the the conference stage. When Repub- some real debate. In that vein, many record Senator BAUCUS and I have es- licans offered ideas, generally they on my side could probably support the tablished in the committee, the Fi- were rejected. There were a few excep- conference agreement before us, with nance Committee, during the years I tions, and the chart behind me will more improvements such as the one chaired the committee and during the show what those few exceptions were. the senior Senator from Illinois has years he has chaired the committee. The chart deals with one of the im- criticized me for offering, the alter- I yield the floor. provements—the alternative minimum native minimum tax. President Obama I suggest the absence of a quorum tax. This is 2006 return data, so it could get the 80 votes he wanted and and ask the time be divided. The PRESIDING OFFICER. Without might understate its impact, but you still have a stimulus bill. objection, it is so ordered. The clerk can see that every State would add up But on this side we will supply those will call the roll. to about 20 million for the year 2006. If additional votes, maybe pushing the The bill clerk proceeded to call the the 2008 patch were not passed, it would total to 80, only if we believe the bill as roll. probably add up to 23 million, 24 mil- a whole would improve the economy. Mr. SESSIONS. Mr. President, I ask lion middle-class Americans who would To that end, House and Senate Repub- unanimous consent the order for the be hit if we didn’t do something on the licans offered amendments in com- quorum call be rescinded. alternative minimum tax. Each one of mittee and on the floor to improve this The PRESIDING OFFICER. Without us can look at our own individual bill the following ways. I have about objection, it is so ordered. State. But you can see that there are four examples. Mr. SESSIONS. Mr. President, this is high percentages of middle-class people No. 1: to tie the spending of this bill 10 minutes for morning business? who would be hit by the alternative to the period in which the economy is The PRESIDING OFFICER. The Sen- minimum tax. That needs to be done. sagging. That was Senator MCCAIN’s ator is correct. I heard detracting remarks on wheth- trigger amendment. If Senator MCCAIN Mr. SESSIONS. I ask to be notified er we ought to do that in a stimulus had prevailed, taxpayers would know after 5 minutes. package. It is not as stimulative as their tax dollars would be protected Mr. President, I truly believe the leg- some parts of it. I think I heard some once the economy recovered. It was a islation before us is a historic piece of

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.016 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2270 CONGRESSIONAL RECORD — SENATE February 13, 2009 legislation. It is a piece of legislation I think this is a big deal, and I do not that if you get a contract under this that changes the course the United like the process. The bill got out in the jobs bill, you would use E-Verify. So States has steered throughout its his- middle of the night, and now we are the House passed it. It was in their bill. tory, by moving us rather significantly supposed to vote today. There is hardly All but 11 Democrats voted for the and precipitously toward a European time to read it. It is $1 billion per page, overall bill, so they voted for the E- model of an economy. The Govern- 700, 800 pages, maybe more in there, Verify provision. And I am sure that ment’s share of GDP has historically and almost $1 billion per page. If you the Republicans and the 11 Democrats, been about 20 percent for the last 34 add up the minutes between now and had they been asked to vote on just years, up and down, 17, 21, 22. One the time we will be voting, it is almost this provision, would have voted for it score—when you put all the stimulus $1 billion a minute. One professor at too. So it was virtually unanimous in money, all the bank money and all the Hillsdale College notes that this rep- the House. bailout money and what we may expect resents—$789 billion is almost equal to So I kept pushing it here, and if it to see in the future—one score indi- all the currency in circulation in had passed here, using the same lan- cated that it could reach 39 percent. In America today. It is a stunning piece of guage our House colleagues used, it 1 year, we go from 21 or so percent of legislation. would have—absent skullduggery, GDP to 39 percent of GDP. They say I want to repeat something that I which sometimes happens—been in the this is a temporary stimulus package. have spoken about before. In my view, final bill because it would have been in But it is not a temporary stimulus there was a deliberate plan that was the House bill and the Senate bill and package. It has all kinds of permanent hatched to create a perception that become law. expenditures, creates new Government something would be done in this legis- So the House Members are most programs, and spends more money on lation that would require any business proud. They voted for it. They voted things such as IDEA, special edu- that obtained money out of this pro- with their constituents. They voted for cation—$14 billion on that existing pro- gram, any contractor, to use the Gov- common sense. They voted for Amer- gram. Does anybody think we are going ernment E-Verify Program. All you ican jobs. And they are proud of them- to reduce that in the future by any sig- have to do with this program is punch selves. nificant degree? into the computer the Social Security The Senate, however, did not get to This bill funds program after pro- number of the people who seek employ- vote on it—sorry, JEFF, we just gram that will be increased in size, and ment and have it checked by the De- couldn’t find time to get your vote. We the Government spending will then ac- partment of Homeland Security. And had all the other votes, but we did not count for a larger percentage of our we are finding that a considerable have time for yours. economy. No Senator is now on record as hav- As George Will wrote—he is fre- number of potential new hires—not too many but a considerable number—are ing voted against E-Verify. But just as quently, I think, thoughtful and wise— I predicted, they went to conference recently: here illegally. Now, let me ask my col- leagues, is it the desire of the Members and they got with Speaker PELOSI and If this is not a matter that ought to be po- of this body that the stimulus money Majority Leader REID, who control the litically discussed, what is? conference—both of them pick the con- So we want to be nonpartisan, bipar- to create jobs—that those jobs should be given to people illegally in the coun- ferees; a majority of Democrats on tisan, and work together. But if you re- both the House and Senate side, and alize that we are undertaking an ex- try? People who are here lawfully, green card holders or temporary work- they had the power to write the bill as penditure, the largest in the history of they chose—and lo and behold, sur- the Republic, the largest in the history ers, if they are lawfully here, they can have a job under the program. I am not prise, they took it out. They did not of any nation in the world, in one fell want it in from the beginning. They swoop, and if you believe that is going objecting to that. But the Government has a computer system, and 2,000 busi- systematically maneuvered around to to move us significantly in a way that get a plan to take it out, and they alters the historic principle of this Na- nesses a week are signing up to use it voluntarily. Nobody has required them think they can pass the bill without it, tion that believes in limited Govern- and perhaps they will. And who is to ment, then you need to be here talking to do that. Those businesses are finding that some of the people who apply are lose? Low-skilled, honest, decent about it and opposing it and voting American workers out looking for a against it. not here legally, and they are not hir- ing them, as a good citizen company job. I think it is pretty clear. I know a lot Let me tell you about E-Verify. Doris should do. They are not supposed to of my colleagues on the other side of Meissner, who is the former head of the hire illegals—in fact, it is a criminal the aisle, a lot of new Senators who Immigration Service under President offense if they knowingly hire people came in recently, they are uneasy Clinton, in a report last week, Feb- who are in the country illegally. So about this legislation. But they have ruary 2009, said this: why would we not do that? Why? been led along, I am afraid, by the lead- Mandatory— ership and some of the others and lis- The PRESIDING OFFICER. The Sen- tened to the Siren songs and are going ator has used 5 minutes of his time. That is what we are doing, requiring along with this legislation. Mr. SESSIONS. I thank the Chair. these companies to use E-Verify, not I do not think, in years to come, they Why would we not include this sim- mandatory now— are going to be that proud of it. I just ple requirement? Well, let me tell you, employer verification must be at the center don’t think so. I wish that some way, the American people want us to do it, of legislation to combat illegal immigration overwhelmingly, and I think the lead- . . . the E-Verify system provides a valuable even in these last moments, we could tool for employers who are trying to comply stop this train, go back and look at a ers of this body know that. So a clever plan was hatched. I began to get the with the law. E-Verify also provides an op- piece of legislation that might be bet- portunity to determine the best electronic ter. The House proposed legislation. feel for it when I began to offer this means— Senator THUNE offered it here. Some amendment. Three or four times I of- The PRESIDING OFFICER. The Sen- folks have taken a look at Christina fered the amendment. Many amend- ator’s time has expired. Romer’s work. She is the Obama ad- ments were voted on on the floor dur- Mr. SESSIONS. I ask unanimous con- ministration’s top economic adviser. ing this debate. The leadership was sent for 1 additional minute. She put a model out on how to evalu- most proud of that: Oh, we had a lot of The PRESIDING OFFICER. Without ate a stimulus-type legislation last votes. But some did not get voted on. objection, it is so ordered. year. They believe their legislation, This was one that did not. Why? It Mr. SESSIONS. She goes on to say following her model of what creates passed the House last year. One part of that: jobs, following her analysis, would cre- my amendment was passed on a floor E-Verify also provides the best opportunity ate twice as many jobs at half the cost vote of 407 to 2 to extend the E-Verify to determine the best electronic means to and not create so many permanent Program, which is set to expire in implement verification requirements. The Government bureaucracies and pro- March. The other part was accepted in administration— grams that are going to absorb more the Appropriations Committee, with- She is talking about the Obama ad- and more of America’s wealth. out objection, and that part would say ministration—

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.017 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2271 should support reauthorization of E-Verify those living on Social Security or I guess his history book ended at the and expand the program. SSDI. In the Ocean State, we know chapter on Herbert Hoover. Mr. Steele, Alexander Aleinkoff, a Clinton ad- that for vulnerable seniors, that little read on; read the next chapter about ministration official, called it a bit of extra help from the Federal Gov- Franklin Delano Roosevelt and the ‘‘myth’’ that there is ‘‘little or no com- ernment can make the difference be- Works Progress Administration and petition between undocumented work- tween housing and homelessness, be- the Citizens Conservation Corps and ers and American workers.’’ tween health and sickness. Approxi- how the Government got us out of the And I would say, I am disappointed. I mately 138,000 Rhode Islanders receive Great Depression. am not surprised, I could see how this Social Security, so this bill will mean Another measure of whether our Re- was headed for the last week or so. I more than $34 million into Rhode Is- publican friends are being fair is to hoped it was not so. I raised openly my land’s economy for Rhode Island sen- look at the arguments they have made. concern with the majority leader and iors and those who are disabled. Do they make sense? the bill managers that this would hap- The recovery plan will send an addi- ‘‘We should do housing first.’’ We pen, and I am now seeing it happen. tional $100 a month in unemployment have heard that one. Well, fixing the I yield the floor. insurance benefits to 86,000 Rhode Is- housing market is, indeed, important. The PRESIDING OFFICER. The Sen- land workers who have lost their jobs, But actions speak louder than words, ator from Rhode Island is recognized. and it will provide extended unemploy- and while the Republicans’ words call Mr. WHITEHOUSE. Mr. President, ment benefits to an additional 17,000 for action, their actions spell obstruc- today all over the country, millions of laid-off Rhode Island workers. tion. They still resist the single most Americans went to work unsure wheth- The bill we passed does not stop important and effective thing we can er they would bring home a paycheck there. It increases Pell grants so people do to stem foreclosures, which is Sen- or a pink slip. Today, millions of Amer- who cannot find work can go to col- ator DURBIN’s bill to allow bankruptcy icans got up, put on their suit, left the lege, improve their skills, and come courts to modify mortgages on prin- house, not go to work, but for another back into the workforce better trained, cipal residences, the only loans that interview, another visit to the unem- and in better days. It increases funding ployment office, another spot in the for food stamps, for Head Start and don’t have this authority in all loans long hiring line. Today, millions of other early childhood education pro- in our country. And when we tried to address the Americans will have that late-night grams, and for Medicaid—all to help housing crisis only a few months ago, session at the kitchen table trying to struggling families just weather this they stopped all those bills, refused to figure out how they are going to make storm. ends meet on their stressed family It includes $18 billion in Medicare allow us to move forward because they budget. And today, millions of Ameri- and Medicaid incentives to build health said expanding—remember this—oil cans worried how they could afford it if information infrastructure to improve drilling was more important and we a child or an elderly parent were to get the quality and safety and efficiency of had to do that first. It’s the number sick. In my home State of Rhode Is- our health care system. one issue facing the American public. land, where the unemployment rate is The bill we passed will put people Look where we are now and how im- the highest it has been in decades, the back to work. It will jump-start our portant oil drilling is in our crisis. If second highest in the country, I hear faltering economy, and it will support we had done housing first, can you not stories like this over and over again. struggling families. It is not a perfect see the signs here saying: Jobs first? I This past Sunday, I had one of our bill, but at this moment, in this crisis, fear our friends would rather move the community dinners that we hold. This it is necessary. goalposts than move legislation. one was at the Tri-City Elks Lodge in We tried to do this together with our ‘‘It is full of spending, and it is too Warwick. More than 200 people came Republican friends. President Obama big.’’ Yes, it is full of spending. The re- from all over the State to talk to me reached out his hand in unprecedented cession of consumer spending and busi- about their struggles to afford health ways. George Bush never once came to ness spending is what is draining the care in this economy. From them all, the Senate to talk to us, to Senate economy. The whole idea is to counter- the message was the same: We are try- Democrats. President Obama traveled balance the loss of that spending with ing to get by, but times are tough and to Congress to meet with the House Re- Government spending. And you know we feel the deck is stacked against us publicans; he came over here to meet what? It is probably not enough. Our so we just can’t make ends meet. What with the Senate Republicans; he did in- economy has already lost more than 3.6 can you do to help? dividual calls and meetings. Three Re- million jobs since the peak of the busi- Our economy, our country, is in cri- publican Senators, Senators SNOWE and ness cycle in December 2007, and 11.6 sis. Americans are urging us to take COLLINS of Maine and the distinguished million Americans are currently look- action now, before things get worse, be- ranking member of our Judiciary Com- ing for work. A report last month esti- fore it is too late. So this week, the mittee, Senator SPECTER, heard his mated that in the absence of this legis- Senate took action. It was not easy, it call, put their country first, and helped lation, we could lose another 3 to 4 mil- is not perfect, and it will not be cheap. us pass this bill. I do not agree with all lion jobs. This legislation will create or But it was the right thing to do. The of the compromises that they required, preserve 3 to 4 million jobs. 11.6 million bill we passed on Tuesday will create but without them, we might have had Americans out of work. This accom- no bill at all. or save 12,000 jobs just in Rhode Island plishes the first necessary step of stop- But from the vast majority of Repub- over the next 2 years. Many of those ping the bleeding. But more, I suspect, licans in Congress, from every Repub- will be required to cure the patient. jobs will come from new investments in lican Member of the House of Rep- Realistically, the danger that this bill Rhode Islands’s infrastructure, includ- resentatives, what did President is too small is worse than the danger ing millions for road and bridge repair, Obama get for his pains? They slapped to improve drinking water and sewer away his hand of friendship, and they that it is too big. ‘‘The bill doesn’t all create jobs.’’ systems, and to help families weath- gloated about it, saying, ‘‘The goose erize their homes and cut their energy egg you laid on the President’s desk, Well that is true. But let’s look at two bills. [the goose egg meaning zero Repub- examples of provisions that don’t cre- The recovery plan will provide a re- lican votes in the House of Representa- ate jobs—Pell grants and Medicaid. The fundable tax credit, a downpayment on tives] was just beautiful.’’ Pell grant money lets people step out the middle-class tax cut President They claimed—hold your horses of the market for jobs at a time when Obama promised this country. That here—to take inspiration from the it is highly stressed, train up, improve credit will reach 470,000 Rhode Island Taliban. They said their boycott of their skills, and move back in in better workers and families, giving as much President Obama’s bill was a political times. Isn’t that smart? Doesn’t that as $800 worth of breathing room in a shot in the arm going forward. make sense for the country? family’s budget in this year when every And their party leader said this: The PRESIDING OFFICER. The time little bit counts. You and I know that in the history of man- of the Senator has expired. I am also proud that the recovery bill kind and womankind, government—federal, Mr. WHITEHOUSE. I ask unanimous will provide a one-time $250 payment to state or local—has never created one job. consent to speak for 3 more minutes.

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.018 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2272 CONGRESSIONAL RECORD — SENATE February 13, 2009 The PRESIDING OFFICER. Without I hope—I hope—our Republican that will cause jobs to be either pro- objection, it is so ordered. friends will join us. There is too much duced or kept, that will produce spend- Mr. WHITEHOUSE. The health care at stake to do nothing. ing so there will be something for peo- spending will protect precarious State I thank the presiding officer, I thank ple to make and retailers to sell. After budgets and protect people’s health distinguished Senator from Texas for we have that stimulus, which we hope care as they ride out the storm. Isn’t her courtesy in yielding me additional would be in the private sector and that the decent thing to do as this time. therefore permanent, then we are going storm hits American families? I yield the floor. to have to deal with the deficit in years Another argument: ‘‘Some of it isn’t The PRESIDING OFFICER. The 3 through 10, so we don’t have an up- soon enough.’’ Well health information Chair recognizes the Senator from side down situation where we have so technology, for instance, will take a Texas. much debt that either our foreign in- while to ramp up, but it is necessary Mrs. HUTCHISON. Mr. President, I vestors will not buy our debt or, if they infrastructure to avert the $35 trillion rise to speak against the bill coming do, the risk is so high that they in- health care calamity now bearing down from the House shortly. We have had a crease the interest rate, which then be- on us. It has to be done sooner or later. chance to look at this bill for the last comes an inflationary problem. This is The recession will almost certainly be few hours. There is much in it that is not a stimulus package when 11 per- here 2 years from now, and if it does different from what passed the Senate. cent is spent in the first year. take a little while to do, isn’t that all Some of it is different from what Eighteen percent of this conference the more reason to start now? passed the House as well. report is dedicated to tax relief. I be- And then there are the—what I call I wish to address a few points that lieve tax relief has been proven again the ‘‘oh, please’’ arguments. The party have been made. It is somewhat mis- and again to spur the economy. Presi- that ran up nearly $8 trillion in debt leading to talk about the Republican dent Kennedy gave tax relief, and it under George Bush—now that Barack input in the way it is being described. spurred the economy and increased rev- Obama has been elected, and now in First, the bill was written without any enue. President Reagan, tax relief, and the one time of crisis when every re- Republican input. It was written in the it increased revenue. President Bush, spectable economist is saying this is House of Representatives by Demo- in 2001 and 2003, when we were having a the time for deficit spending—now sud- crats. There were no amendments al- rough time in the economy, the tax denly gets religion about deficit spend- lowed. The committees were not al- cuts gave us the largest increase in ing? If this weren’t so serious, it would lowed to exercise their jurisdiction on revenue in the history of America. practically be funny. the bill there. It came to the Senate. I People scoff at tax relief as part of a Finally this: If our opponents cared was on the Appropriations Committee stimulus package. How can they scoff, about jobs and putting people to work which passed the spending part of the when it has been proven again and quickly with effective, valuable infra- bill. Amendments were discouraged. again to work? In this conference re- structure, why such widespread opposi- The meeting lasted a couple hours. The port, 18 percent is tax relief. It is not tion to the $20 billion for school repair same thing happened on the Finance and construction? This money could even tax relief that will spur the econ- Committee, which is the tax part of the have put contractors to work on school omy. The tax relief is the Making Work bill. There were no amendments that repairs, green renovation, weatheriza- Pay Credit which is going to be ap- were hammered out. There was not an tion, and conservation measures. It proximately $7.65 per week in tax relief amendment process where we gave and would have made schools cleaner and for a worker. That is going to be lim- took. To say Republicans had a chance greener. It would have lowered local ited to $400 a worker. to have input is disingenuous. Speaking of what has been tested, fuel budgets, and it would have reduced I respect the President of the United last year, when we became concerned dependence on foreign oil. What does States for coming and talking to Re- opposition to that tell you? that the economy was beginning to lag, And what did they argue for? Here is publicans. He talked to the Republican we passed a $600 tax credit. Every econ- a golden oldie: Reduced corporate tax Senators and House Members. That is omist I have read says it did nothing. rates. How many companies do you good. There is nothing bad about that It did not spur the economy. It did not think are out there reporting big, tax- because he is a smart and civilized man help our financial situation at all. That able profits in this economy? whom we all respect. We want the was $600 per person last year. This is On even brief consideration, the Re- President to work with Congress as we going to be $400 per person, and it is publican arguments against the bill go forward. But talking should include going to be strung out in such small don’t hold water. It is instant replay of taking ideas and shaping them into amounts in a person’s paycheck, they the same, tired, flawed ideology that something on which we could all say are not going to go out and spend put us in this mess in the first place. we had a part. If I could support half money which is what you want in a Barack Obama did not ask for this this bill, I would be inclined to look at stimulus package. The stimulus pro- mess. He inherited this mess. Barack it in a way that maybe I would be able vides $1.10 a day in tax relief to work- Obama would rather have come into a to support. But let’s look at what this ers, while saddling every American budget surplus, a growing economy, bill is. family with $9,400 in added debt. and a trajectory to a debt-free Amer- It has a total cost of $787 billion. The The home buyer credit the Senate ica, like George Bush and Dick Cheney spending portion is $580 billion. With added, which tries to correct the funda- did. But that is not what they left him. interest, the cost of the bill is going to mental problem that started this whole And now he’s the guy who has to dig us be about a trillion dollars. I take the economic downturn—housing—is all out of their mess. In simple decency, cost of a trillion dollars, and borrowing but eliminated from the conference you would think the least one could that money from the future, very seri- committee report. We have an $8,000 ask is that the party whose President ously. We ought to spend some time be- credit for first-time home buyers. Now, made the mess not slap away Barack fore we spend $1 trillion in a bill that I support this because it will be some Obama’s hand of friendship. ‘‘I am is going to be off the budget and is not credit for a first-time home buyer to go sorry, but I won’t help you clean up my in any projected budget we have seen. out and buy a home. But the Senate mess unless you do it my way.’’ It is going to add almost $1 trillion to provision was $15,000 for any home After weeks to ventilate their argu- the deficit. Is it going to succeed? I buyer. So we had the capability to give ments, our friends now have an oppor- hope it does. But let’s talk about what every home buyer that $15,000 tax cred- tunity to show that when all is said is in the bill. it so we would move inventory and and done, they care more about moving Eleven percent of the spending in allow homebuilders to start building the country forward than scoring polit- this bill will occur this year. The pur- again, which would create jobs. That ical points. Now we have the chance to pose of a stimulus bill is to stimulate was changed in the conference report. come together and pass this bill and the economy quickly. We are talking The conference drastically reduced send to it President Obama’s desk so about almost $1 trillion and 11 percent the auto purchase deduction which we can begin to restore confidence and is spent this year. A stimulus bill would have spurred our struggling auto hope to our country. should inject money into the economy industry and provided relief to dealers

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.019 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2273 all across the country. I have a great Tax cuts that would spur hiring. It is where they will end. Fix housing sympathy for auto dealers. When we was sort of said on the other side that first. So what did the negotiators be- were taking up the automobile manu- we do not need corporate rate deduc- tween the House and the Senate do? facturing bailout, I was very concerned tions because no one is making a prof- Amazingly, Democratic leadership about not only the manufacturers but it. Well, let’s do something that would managed to remove one of the provi- also the dealers because the dealers allow corporations to make a profit be- sions that would really do some good could not help what was happening in cause that is when they hire people, and help address housing. Stripped the auto manufacturing industry. They when they are making a profit. from the conference report is Senator had nothing to do with the manufac- How about a tax credit for hiring ISAKSON’s home buyers tax credit ex- turing, but the dealers and the families people? That might make a difference. tension amendment. Expanding that who are supported by dealers were How about spending on infrastructure? successful tax credit program—we being hit again and again and again be- How about more than 17 percent of $1 know from the 1990s—would have ad- cause their buyers could not get credit trillion going for infrastructure? That dressed the source of our economic cri- and they could not buy cars. would be jobs today for people building sis—housing—and would help bring So we should have dealt in this bill bridges, building highways, building tentative homeowners back into the with housing and credit. Those are the things that would clearly be job cre- market. There are over 3.5 million two things that caused this financial ation. homes on the market right now and no downturn, and so I hoped the first I had an amendment which never buyers. Instead of including this provi- things we would deal with in this pack- made it to the floor that said that mili- sion, the conferees replaced it with age would be housing and credit, and I tary construction should be moved up more wasteful Government spending. hope eventually we will. from the Department of Defense 5-year They have used our last bullet. They The PRESIDING OFFICER. The Sen- plan to 3 years. Military construction have maxed out the Federal credit ator’s time has expired. is money we know we are going to card. Every drop has been taken out of Mrs. HUTCHISON. Mr. President, I spend. The Department of Defense has the well, and they have spent this one- ask unanimous consent for an addi- a 5-year plan. They know exactly what time money on expenses that will go on tional 10 minutes. their priorities are. We normally take and on—and that is the real problem— The PRESIDING OFFICER. Without it 1 year at a time. Why not take the 5- on and on with money we do not have objection, it is so ordered. year plan and bring it up and do it in for things we do not need. Mrs. HUTCHISON. Mr. President, 17 2 or 3 years? Because we know it would I have listened to the Democratic percent of the discretionary spending be American jobs. We know it is money leadership speak on this legislation in this package is for infrastructure we are going to spend anyway. It would over the past day or so and have been items. Now, infrastructure is what we be stimulative, and it would be the surprised as they described it as bipar- should be spending money on because right kind of spending. Instead, the tisan compromise legislation. I have infrastructure is jobs. Infrastructure is conference cut the military spending in been a Member of the Senate for 12 American jobs. In this bill, we do not this bill from what passed in the Sen- years, and in my experience, finding have enough in infrastructure spend- ate. The conference cut our military only three Members of the minority ing. spending for hospitals and for Vet- party to support legislation and only Mr. President, we should keep in erans’ Administration hospitals to in- involving them at the end of the proc- mind that the money in this bill isn’t crease the quality and access to health ess is not bipartisan. It is not bipar- temporary. There are concerns that it care for our veterans. What kind of pri- tisan in the slightest. will be permanent. It is likely that ority is that? And they are increasing I am disappointed that we have those funds will be extended well be- spending to save a mouse in San Fran- reached this point. When we first began yond the short window that we claim cisco that might be endangered. discussing this legislation, President to be acting in. And in that case, ac- This is not a package we can be Obama asked for change. He asked for cording to The Heritage Foundation, proud to give to the American people a bipartisan economic stimulus meas- the total cost of the bill comes to $3.27 and say: It is worth tightening our ure, something that could garner as trillion over 10 years. belts to do this because it will make a many as 80 votes. I wanted to see that This is not the bill we should be pass- difference. But we can be for some- as well. I wanted to see legislation that ing right now. This bill did not even thing. We do not say we should have both parties could support because the have the signature of one Republican everything we propose. There are other economic crisis we are in is not a par- on the conference committee. We do good ideas on the other side. We ac- tisan problem. Unfortunately, the leg- not expect to have dominated the con- knowledge that. But this is not the islation we have before us is partisan, ference committee or the Senate or the right bill for the American people, and and it reads like a list of bundled lib- House production of a bill, but to have I urge my colleagues to please consider eral priorities that could not gain sup- no Republican support cannot under their positions and let us do this right: port individually. How do I know? It is any circumstances be declared bipar- tax cuts to spur spending, tax cuts to a wish list that could not be passed for tisan. Mr. President, 3 Republicans out spur the opportunity for corporations the last 20 years because they could of the Republican contingent is just and businesses to hire people, spending not find the money. not bipartisan. on infrastructure, more in military Democratic leaders, even at the ex- Let me add, in a couple of minutes, construction. That would be a bill we clusion of other Democrats, wrote a what we are for. I am for stimulus. We could support. bill, brought it to the floor, and then all know we need stimulus. Mr. President, I thank you and yield negotiated with Republicans they I would like tax cuts that would spur the floor. thought they could pick off. Several spending, not tax cuts that would be The PRESIDING OFFICER. The saw what was happening and dropped dribbled out in such small amounts Chair recognizes the Senator from Wy- out. They picked three off by asking that no one would feel they could go oming. what it would take to get them to vote out and buy something. Tax cuts that Mr. ENZI. Thank you, Mr. President. for the Democratic bill and making a would spur spending would be in the Mr. President, I, too, want to speak few changes. It was not a bill made by form of a card, such as the converter about the conference committee re- both parties. box cards that were sent in the mail, port. I did not think it was possible, President Obama turned the drafting that would be for specific purposes— but after waiting until late last night of this bill over to the Speaker of the maybe it would be home improve- to finally receive the text of this tril- House and other Democratic leaders ments, maybe it would be weatheriza- lion-dollar economic bailout legisla- who did not consult Republicans and tion. Specific purposes would require tion, the Speaker of the House and the even said: We won the election, we get spending. It would be a card that peo- majority leader took a bad bill and to write the bill. Then the President ple would know they could spend, and made it worse. went out on the campaign trail to it would make a difference in jump- Fix housing first. The housing mar- stump for a plan crafted solely by starting the economy. ket is where the problems began, and it Democratic leaders in the House and

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.021 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2274 CONGRESSIONAL RECORD — SENATE February 13, 2009 Senate. He complained that he reached I am not happy about deficit spend- agree on and throwing out what you out to Republicans but they did not ing in these bailouts. I realize some- can’t, until you have legislation that is reach back. Reaching out cannot just thing is wrong with our economy, and for and from both sides, from the be- be an afterthought. we need to take steps to fix it. I ginning. That didn’t happen here. The supporters are using the politics worked to create a bill that efficiently Talk is cheap, but the latest eco- of fear. Fear mongering adds to the used taxpayer money to improve the nomic bill pushed through by a major- problem. housing market and put people back to ity and three Republican Senators is I was not part of the initial ‘‘gang of work. The ‘‘compromise’’ we are forced not. And if this is the description of bi- eight’’ Republican Senators who were to take or leave is so far off the mark partisan support, then the House, with handpicked to work with Senator BEN and full of pork that it is obscene. I every Republican and 11 Democrats NELSON and the majority leader on a will not support spending money we do voting no, must be bipartisan opposi- ‘‘compromise’’ ‘‘stimulus’’ bill. I would not have for projects we do not need. I tion. This legislation is the single most note, however, that five of the eight will support legitimate efforts put for- expensive bill in the history of the Republicans quickly saw how super- ward by either party that could help United States and it is being sold to ficial the compromise was going and our country out of this economic mess. the American people as a ‘‘com- bowed out. I have been very critical of this bill promise.’’ Buyer beware. I nevertheless offered and supported and other bailout bills passed last year, Mr. President, I reserve the balance ways to improve the bill that was put and time is showing I made the right of the time, I yield the floor, and I sug- forward by some of my colleagues. I am decisions opposing those bailouts. I gest the absence of a quorum and ask not just talking about amendments would support an economic stimulus that the time be equally divided. you saw on the floor that would reduce package if only it lived up to the Presi- The PRESIDING OFFICER. Without the price. Those were simply efforts to dent’s own threshold of being targeted, objection, it is so ordered. salvage something out of the wreck. I timely, and temporary. I am leery of The clerk will call the roll. suggested removing a number of things spending one-time money on programs The assistant legislative clerk pro- that did not make sense—policies that will have to continue. These will ceeded to call the roll. backed by Republicans and policies be continuing payments on our maxed- Mr. DODD. Mr. President, I ask unan- backed by Democrats. I always recog- out credit card. But this bill does not imous consent that the order for the nize that both sides have to have fit with the President’s words, and quorum call be rescinded. things left out to be fair. I also backed Democratic leadership has made no The PRESIDING OFFICER. Without moving the bill forward in several un- real effort to make it conform. objection, it is so ordered. derstandable pieces so we could bring This bill is both bad in content and Mr. DODD. Mr. President, I rise this the American public along. in process. It includes wasteful spend- afternoon to speak about the agree- I offered amendments that sought to ing, including $2 billion for groups like ment that was reached a day or so ago improve several parts of the bill, in- ACORN and $1.3 billion for Amtrak. by conferees on the American Recovery cluding a change that would make sure Funding that was stripped from the and Reinvestment Act and the inclu- the billions of taxpayer dollars spent to Senate version for sexually trans- sion of two priorities of mine in par- pay for health information technology mitted disease prevention was included ticular. would go toward items that will actu- in the conference report. Before I give the substance of my re- ally work in the real world. This was a As is typical in Washington, pro- marks, let me commend the leadership real bipartisan effort which enjoyed grams that were Members’ pet projects of the Senate and the House as well as broad support among both Republicans saw ridiculous increases in the con- the Members on both sides of the so- and Democrats. In fact, I did get an ference. The Senate bill provided $2 bil- called political divide in this Chamber amendment adopted that was just tech- lion for the High-Speed Rail Corridor and elsewhere who helped put this to- nical changes, and that was difficult to Program. The House bill included no gether. I know there were many who do. I think it has been ripped out now funding for the program. How did we obviously did not want this bill to pass too. But the bill will not work without compromise that? How much did the and who have spoken against it. Most, those. conference provide? It provided $8 bil- I believe, feel that inaction is unac- Unfortunately, it, along with my ef- lion. This is compromise according to ceptable. We may have significant dis- forts to try to protect patients from Congress. Both the House and the Sen- agreements about what should have Government bureaucrats rationing ate version of the bill included $200 been included in this package—whether their access to health care, was largely million for ‘‘Transportation Elec- it is stimulative enough; whether the ignored. As a result, I have strong con- trification’’—both bills, House and Sen- size of the package itself will provide cerns that this stimulus bill will likely ate—$200 million for transportation the necessary jolt to our economy to backfire on patients and providers, re- electrification. Logically, one would have us moving in a better direction sulting in more harm than any good we then expect that the conference would than the one we are obviously in. I hap- are likely to see from its ill-conceived provide $200 million, but logic flies out pen to believe we are doing the right and misguided efforts. the window around here when you thing by doing this. I don’t take any We are going to do health care re- come inside the beltway. The con- great joy or pleasure in the fact we are form this year. Partisan pieces do not ference provided $400 million—double doing it, any more than I did when we have to be rushed through as ‘‘stim- what either body suggested. had the vote last fall on the emergency ulus.’’ We do not have to legislate on a I know how to do more than talk economic stabilization effort. That was spending bill. about bipartisanship. I have built a ca- no great moment of joy either. This massive bill contains short-term reer on it without compromising my Normally when we pass legislation, and long-term spending, and I advo- principles. Take a closer look and we we are directly helping some group or cated moving forward with the short- will see bipartisan isn’t about com- helping the country in some way. term spending immediately. I advo- promise; it is about establishing com- These efforts obviously help, but they cated for addressing the housing crisis mon ground and finding a third way. help us get out of a mess we are in, one and the jobs crisis right now. I sug- First you sit down together with prin- that, in my view, could have been gested that after we dealt with those ciples each side can agree on. That is avoided. This was not a natural dis- pieces of legislation, we should work probably about 80 percent of any issue. aster that occurred in our country; this together on the long-term items, not Then you identify the 20 percent you was a manmade disaster—inattention, jam them in with no time for debate. were never able to agree on and either misfeasance, malfeasance that allowed Some of those items in this bill are im- leave that out or preferably find a new this country to watch the greatest portant, but they should be dealt with way both sides can agree on—one that economy in the history of mankind in a separate measure going through hasn’t already been down in the weeds evaporate in the pockets of many over- the normal legislative process where and washed for years and years. After night. Job losses—20,000 a day—with we can have the time for real debate you have the principles, you work on our fellow citizens finding themselves about our Nation’s priorities. the details, keeping what you can without an income. Nine thousand to

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.021 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2275 ten thousand homes a day are fore- three themes: one on coverage, one on Fire departments in my State are re- closing in our country. Retirements costs, and one on prevention. But the porting they are turning down awarded are evaporating within minutes. People conversation was far beyond the issue what they call SAFER grants—funds who have spent years accumulating, to of coverage. Seven hundred people used to put additional people on these be able to enjoy the latter years of showing up at 8:30 in the morning. rigs. You ought to have at least four their lives in some peace and comfort These are people who either didn’t have people in a rig when going out to deal and security, knowing they can take coverage—most had coverage, but with these fires and problems they care of themselves and their loved ones couldn’t afford the 42-percent increase have to face. Those numbers are dwin- as they step out of the workforce and in premiums they have seen in the last dling. This bill provides assistance and enjoy a well-deserved period of retire- 6 years. support for first responders. I am ment, are now in jeopardy. People may Then, last Saturday at Western Con- pleased to say that is the case. have to stay at work, if they can find necticut State University at 2:30 on a We included $8.8 billion in stabiliza- work, at an older age in our country. Saturday afternoon—not exactly, tion funds to States to provide for pub- So while I am pleased this bill is again, an optimum time for a townhall lic safety and other critical services. going through and pleased that my meeting—500 people showed up to ex- That was a change—a welcome one. State will be the beneficiary of some press their views and to listen to some Across our State, from city to town, help at this particular hour, I don’t professionals in the field talk about communities faced with budget deficits take any great pleasure in this mo- what they thought ought to be in- are crunching the numbers to maintain ment at all; quite the contrary. It sad- cluded in a comprehensive universal critical education, police, firefighter dens me that it has come to this. So health care program, one I hope that jobs, and services. with that as a framework, I wish to will be charting a course and moving In East Hartford, CT, the town was share some thoughts about what is in forward very quickly. I know my great forced to lay off 8 municipal employees this bill and why I think it can be of friend from Montana, the chairman of and eliminate 11 positions that were some help to get us moving in the right the Finance Committee, MAX BAUCUS, vacant or will be vacant because of re- direction. is already deeply involved. Senator tirements—including firefighters and Most Americans I think are aware TED KENNEDY has been a champion of police officers. now that our economy has been in a re- this issue for decades. While he is The city of Stamford was counting cession for the last 14 months or so and struggling with his own health issues, on $500,000 in State assistance that was has impacted every State differently. he is on the phone every day, talking eliminated in the State budget in the My State of Connecticut is no excep- to everybody, and he wants his com- last several days for the city’s $16 mil- tion. While the effects of the recession mittee to be deeply involved in this ef- lion overhaul of their police and fire took a bit longer to hit my State than fort as well. radio systems, and that interoper- others, economists believe Connecticut But in the midst of it, until that gets ability will get help. may take longer to recover for a vari- done, more and more people—the 20,000 The communities of Farmington and ety of unique reasons, including the a day who lose their jobs—if they had Colchester are trying to replace dec- kinds of jobs we provide and the like. health care are losing that as well. So ade-old fire engines. We have lost about 125,000 jobs in my the fact that we are providing $26 bil- These stabilization funds will help State. Close to 20,000 homes have been lion to help out unemployed workers at communities in my State, and others foreclosed on. One of my cities alone, a time such as this, I think most Amer- across the country, to prevent layoffs the city of Bridgeport, has had 1,100 icans—most; not all, but most Ameri- of first responders, firefighters and po- cans—would say that is the right thing foreclosures—one city, 1,100 fore- lice officers, which are so critical to for our country to do for hard-working closures. That means our efforts to get the well-being of our communities. people who, through no fault of their our economy moving in this bill are Our communities’ safety must not own, may find themselves on an unem- going to be important to families all get left behind during this economic ployment line today, tomorrow, or across the country, and certainly my downturn. While the comprehensive next week, to know of the fear and State is no exception. economic recovery package before us We are addressing many priorities fright that you may have a health care today will provide critical support for a with this economic recovery package, crisis with you or your family and all broad range of additional needs, there of a sudden don’t have the capacity to providing urgent help to communities are three issues I want to focus on deal with it. who are struggling in the midst of this today. These people didn’t lose their jobs be- First, I wish to highlight an amend- recession while making a downpay- cause of something they did wrong and ment I authored to restrict executive ment on long-term needs as the new should not be put in a position where compensation and bonuses. I have to President, President Obama, has ar- their ability to take care of their fami- thank the majority leader, his staff, ticulated in Indiana, in Florida, and in lies regarding their health care needs Illinois, where he has spoken in town- will be disregarded. and others, for making its inclusion a hall meetings about this over the last To ensure that people have safe, af- priority. On executive compensation, several days, as he did in his first na- fordable shelter during these tough let me say that when the American tionally televised press conference. At economic times, there is a $4 billion people wake up in the morning and see a time when layoffs are increasing the downpayment on an estimated $30 bil- some institution just received billions rolls of the uninsured, this bill provides lion backlog for capital repair needs in of dollars and you have a headline that $24 billion in health care premium as- public housing. A lot of people are fall- 700 employees received income in ex- sistance to 7 million unemployed work- ing behind out there. That will put peo- cess of a million dollars, people ask ers. I can’t begin to tell my colleagues ple to work, and that is the major goal themselves: What are you thinking of? how important that is. here. The idea that we continue to pour I have held two townhall meetings in As we see families struggling to billions of dollars into institutions my State in the last two weeks on make ends meet, I am proud and that are still awarding their employees health care. I had one at 8:30 on a Mon- pleased that people in Connecticut will massive amounts of income is infuri- day morning, which is a dreadful time receive over a billion dollars in Med- ating—and that hardly describes the to hold a townhall meeting, obviously. icaid assistance. Every State in the reaction of the American people. This We anticipated maybe 75 people might country and every Governor has asked is about trying to save an economy in show up at the small community col- for assistance in this area. We have a our country, with 20,000 people losing lege on the banks of the Connecticut program called the HUSKY Program— their jobs every day. I promise you River outside of Hartford. Well, 700 our Medicaid Program. It is strongly that the overwhelming majority of people showed up at 8:30 in the morning supported across the political spec- these people are making nothing like a to talk about health care and to talk trum. This assistance will help out in million dollars a year or $500,000 a about what they are going through. that area. year. They are earning $40,000, 50,000 to The discussion was supposed to be I am glad we were able to include as- raise a family of four. When they see about coverage. Specifically, we had sistance for our fire first responders. their tax dollars going out the door and

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.023 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2276 CONGRESSIONAL RECORD — SENATE February 13, 2009 into institutions that are then, in some ring. It will also give shareholders the we can avoid the kind of litigation that cases, not lending but are hoarding and right to vote on executive pay at these may slow down some of these work- doing other things, I cannot begin to firms. And it will strictly prohibit outs. That was a mistake. We are try- describe the anger we hear. Then we golden parachutes to senior executives ing to get to the root cause of the prob- turn around and say to that taxpayer of companies that receive taxpayer lem, the foreclosure issue. Senator that we need to have them step up and help. Because of this bill, we now will MARTINEZ had a very good idea that do more because the economy needs as- provide far more safeguards than exist was adopted unanimously, and it had sistance. The American public really today—measuring whether executive no cost of any measurable amount. I reacts to this. compensation plans pose risk to the fi- don’t understand why it was taken out, If you have hope of convincing the nancial health of the company and pre- but it is gone. That will create prob- public we are on the right track—I see venting the manipulation of earnings lems in terms of addressing the fore- my colleague from Alaska, and I know reports. closure issue. Clearly, we wanted the she has time constraints. The President told the world a few $50 billion used for foreclosure preven- I am digressing from the text, but, weeks ago that a new era of responsi- tion. again, I find it incredible that people bility had begun—it is time our execu- In 2001, this body approved $1.3 tril- are calling up and bellowing about this, tives in those companies understood lion in tax cuts at a time when unem- how upset they are that we have asked that message. ployment was 4 percent and our econ- for some constraints in this area. Do The second issue I wish to discuss is omy was in fairly good shape. Today, they have any idea what is going on? I transit. The bill dedicates some $8.4 with an unemployment rate of 7.6 per- am mesmerized that people are calling billion to transit issues. Connecticut cent and headed upward and as many up and bellowing because somehow alone will receive $137 million, which as 8 million foreclosures potentially on they are going to be asked to be re- will meet many important needs, re- the horizon, we are dedicating $800 bil- strained from providing these exorbi- ducing congestion in our State. Route lion to jump-starting our economy. tant incomes for some people. 95 through Connecticut and other arte- Meanwhile, nearly 10,000 families enter This country is hurting. This is the ries of transport are under tremendous into foreclosure every day, as I men- deepest financial crisis we have had in congestion. Transit assistance and sup- tioned earlier. In December alone, many years in America, and they are port is long overdue. This bill provides there were 2,000 foreclosures in Con- worried about their pay. Our system of that needed assistance. necticut. Other States, such as Cali- economy is at risk these days, and we The American Public Transit Asso- fornia, Arizona, Nevada, and Florida, will be judged by history as to whether ciation has said that $48 billion worth have many more than we do. Eight mil- we can respond intelligently to it. To of transit projects are to be completed lion homes are underwater, with mort- be preoccupied over whether someone over the next 2 years; therefore, jobs gages that exceed the value of their is going to get a bonus of—whatever it will be created, putting people back to homes. is, is misplaced energy and attention. work. That is valuable not only in the Perhaps the most important step we It is stunning that the very people in short term but for the long-term eco- could have taken in this bill is to re- the communities who are directly in- nomic growth in investments for tran- quire Treasury to spend some of the volved in this and the conception are sit. That is not only about being shov- TARP money Congress previously re- the ones calling about that issue. el-ready, it is also future ready. Rider- leased to modify home loans. By pro- The stories we have seen in recent ship is already at record levels. Traffic viding the Treasury with the authority weeks about CEOs giving themselves congestion in metropolitan areas is and funds in this bill to design and im- bonuses and spa vacations on the tax- getting worse, and our population is plement a loan modification program payer dime after they have been res- going to grow by another 50 percent by in consultation with FDIC, HUD, and cued by the taxpayer infuriate the pub- 2050. the Federal Reserve, we could have en- lic, and they ought to. I am pleased that the legislation in- sured we would help nearly 2 million Families in Connecticut have lost ev- cludes $100 million to establish and im- families. erything as a result of this financial plement a program to provide assist- Some 16,000 families in my State of crisis. They don’t have jobs, health ance to transit agencies to become Connecticut would have avoided losing care, their retirement, and they may more energy efficient as well. This is a their home, moving them out of these have lost their homes. When they hear very important part of this bill. There unaffordable, exploding and often pred- about the complaints coming out of are a number of other provisions that atory mortgages that are strangling these towers of financial success— provide that kind of assistance. our economy and into mortgages they about pay cuts—after all these people Public transit saves over 4 billion can afford. have gone through, they deserve better gallons of gasoline annually and re- While I am disappointed we didn’t than having to put up with the behav- duces carbon emissions by some 37 mil- codify this requirement into law, I am ior from some of the most fortunate lion metric tons a year—that is the pleased that the Treasury Secretary among us, who have made many of the equivalent to the electricity used by has pledged to dedicate at least $50 bil- decisions that got us into this crisis. almost 5 million households. The need lion to preventing foreclosures—and I I have said again and again that if to repair our highways, roads and believe that is in no small part due to your institution is receiving funds bridges is obvious, and I am pleased the the strong support this body expressed through TARP and at the same time bill includes $302 million in highway for this amendment last week. paying out lucrative bonuses, we funds for my State of Connecticut. Quite frankly, that is a step which should look at every possible legal But the most effective way to reduce should have been taken months ago in means to have that money come back congestion is to provide transportation the previous administration. There was and ban the practice outright for high- options that take cars off the road. In- no interest in it despite the fact that paid executives going forward. vesting in transit creates jobs, it ad- expert after expert warned that unless As a result of the inclusion of this dresses climate change and reduces our you get to the bottom of the residen- language in the legislation, it will pro- dependence on foreign oil, and makes tial mortgage market, the economic hibit bonuses to the 25 most highly our economy competitive in the 21st crisis will persist. They are right. I paid employees of the large companies century. hope we will see a change in direction that receive TARP funding—and se- Third is an area where I think we fell and resources committed to the under- verely limit other performance-based short in this bill—the failure to include lying problem of our economic issues. bonuses as well. It will empower the the amendment I offered with Senator While we will hold this administra- Treasury Secretary to get back bo- MARTINEZ of Florida, which would re- tion’s feet to the fire, I believe they nuses or compensation paid to an exec- quire the administration to use $50 bil- recognize that unless we act now to utive at these companies based on false lion of the TARP money to attack the stop foreclosures and put a tourniquet earnings reports or anything else later root cause of the economic crisis: fore- on the crisis, the hemorrhaging will found to be materially inaccurate or closure. It would have gone a long way get worse—the number of layoffs will misrepresentative of what was occur- toward dealing with the safe harbor so increase, more businesses will shutter

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.024 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2277 their doors, and more Americans will afternoon to speak to some of the rea- another aspect of the bill. This is an suffer. sons why I was unable and why I will area where millions of new jobs are With this bill, we begin to get our be unwilling to support the conference promised, and that is in the area of en- economy moving again. This is not a report when it comes before us later. ergy. There is absolutely no doubt we moment of great joy, as I said. We My principal concern in voting must facilitate the development of re- should not have had to have been in against the Senate measure at the time newable resources, increase our energy this moment to talk about this, but we was the scope of the spending. It is not efficiency, and pursue the many inno- are here. While I know many have said just the scope of what we have in front vative solutions to the challenges we they are going to vote against this, I of us with this particular bill, this face when it comes to how we consume, think they bear a responsibility of hav- package of $790 billion. There was an how we use, and how we create energy. ing offered some alternative ideas be- article in the Washington Post on I am not satisfied with the energy cause just saying no is not enough, in Wednesday that had a chart that out- provisions that are contained in this my view. That is the conclusion of al- lined all of what we have been spending measure. I am not satisfied that they most every economist who has ana- in the past year. are timely, that they are targeted, and lyzed this issue over the last number of The header is: ‘‘It Adds Up.’’ ‘‘The that they are temporary. By adopting weeks and months. Federal Government has committed at this conference report, we are missing Again, I commend the efforts of Sen- least $7.8 trillion in loans, investments, out on some significant opportunities ator REID, the majority leader, NANCY in guarantees since the beginning of that could revive our economy and im- PELOSI, and the efforts made by SUSAN 2008.’’ The funding coming from the prove our energy security at little or, COLLINS and OLYMPIA SNOWE and Federal Reserve is at $3.8 trillion; from hopefully, no cost to our taxpayers. When it comes to criticisms, there is ARLEN SPECTER, who have agreed to the FDIC, $1.22 trillion; from the Treas- work with us and come up with this ury, this includes the TARP moneys we plenty of room to be critical. One of package. We would not be at this point authorized back in October, $771 bil- my first criticisms this afternoon is without them. I appreciate their ef- lion; the joint programs that include not necessarily the items that are in- cluded in the stimulus but perhaps forts. the guarantees of Bank of America and Lastly, some of my colleagues are Citigroup, $419 billion; and then in the some of the items that were left out. Simply put, this package makes no ef- concerned that some of their amend- ‘‘Other’’ category, it includes not only fort to increase domestic production of ments were dropped as well. Senator the programs Fannie and Freddie at our traditional resources, such as oil SESSIONS mentioned one, the E-Verify $200 billion, but then at the bottom we and natural gas. What we have done is Program. E-Verify is currently author- have the Senate bill for the current focused on the new technologies, to the ized through March. When we take up stimulus package at that time coming total exclusion of those tried-and-true the omnibus spending bill in 2 weeks, I in at $838 billion. technologies. I think this creates this am told it will include a provision to It is almost inconceivable what we false dilemma. It says clean energy is extend that until September 30, 2009. are talking about in terms of the out- the only viable option for energy devel- This is a program that, when fully lays we are putting forward. opment and job creation when, in fact, funded, will be operational for hires The cost of this stimulus package be- it might not be the most effective op- funded by the stimulus bill for compa- fore us, as everyone in America knows, tion at this time when we are trying to is $790 billion, but when we account for nies participating in the program. pursue jobs and get the country strong I see my friend and colleague from the interest, which we need to do—that again. Alaska, who I know wants to express is part of the bill—the cost increases to Consider the benefits that could be her thoughts on this. more than $1 trillion; it is about $1.2 brought about by greater production of I thank those who put this together. trillion. So add this in to the outline of oil and gas in this country. One recent We need to get back on our feet again. what I have laid out, and the cost to study outlines that the full develop- Obviously, unleashing the clogged-up America is considerable. ment of domestic oil and gas resources credit market is a critical issue, but Where do we get this money? From could generate up to $1.7 trillion in rev- also providing that jolt this stimulus where do we get it? We don’t just tell enues for the Federal Government and package will provide is also necessary the Treasury to turn the printing create as many as 161,000 new jobs by if we are going to complete the effort presses on full bore: let’s go, let’s print 2030. to do what we can to improve the eco- the money. No, we have to borrow. We The revenues from the production nomic conditions in our country. For sell Treasury bills. We sell debt. Who could be used to provide a tremendous those reasons, I will be supportive of buys it? People such as the Chinese and downpayment on the long-term the bill. others from outside this country. strength and security of our Nation. In- I yield the floor. It is not just cranking up the presses stead, as a result of what we will be The PRESIDING OFFICER. The and printing more money. We will be doing today, American taxpayers are Chair recognizes the Senator from paying for this legislation. My children ultimately going to be paying $1.2 tril- Alaska. will be paying for it. We have a respon- lion because of the decisions we are Ms. MURKOWSKI. Mr. President, I sibility to make sure what we spend is making. wish to acknowledge the remarks of spent wisely. Setting aside my concerns about the my colleague from Connecticut and The focus of this stimulus, of course, priorities, it is very uncertain the thank him for his efforts to focus on is the job creation. Even if it actually funds that are provided by this bill can the housing issues that face this Na- creates the 4 million jobs the White be spent in a rational and cost-effec- tion right now. As he has mentioned, if House once promised, then those jobs, tive way. Perhaps the best example of we are not able to get to the root if you piece it all out—do the math— this is within the Department of En- cause, which is the housing debacle and these jobs come at a cost of about ergy. It is set to receive roughly $45 the failures we have seen, all our good $300,000 apiece. What we are seeing now billion in the conference report we are efforts may not be successful. is probably not 4 million jobs. Even the looking at now. DOE’s total budget for I thank him for his efforts in that re- most optimistic economists are now es- fiscal year 2008 was $24 billion. Assum- gard. I know we will continue working timating what we are looking at would ing the Department receives similar on this issue together with the admin- create or save less than 2.5 million funding through fiscal year 2009 appro- istration. It is essential we focus on jobs. priations—and we are going to be de- the housing piece. I noted the comments of the Senator bating that after this recess break— Later this afternoon or this evening, from Connecticut about the need to fix DOE will receive almost triple its his- we are going to be voting on the con- housing first, and I strongly agree with toric level of funding in less than 3 ference report to accompany the Amer- that approach. But this afternoon, I months. What we have is an unprece- ican Recovery and Reinvestment Act. I wish to speak to another issue. dented level of spending within the De- was one of those 37 Senators who voted As the ranking member of the Com- partment. against this bill earlier this week. I mittee on Energy and Natural Re- CBO is concerned about how we spend would like to take a few minutes this sources, I wish to spend some time on this out as well. They determined the

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.025 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2278 CONGRESSIONAL RECORD — SENATE February 13, 2009 Department would only be able to tives agrees on the need for Congress to the tax relief geared toward job cre- spend 24 percent of its funding before be working with our new President on ation and stimulating the housing mar- the 2-year deadline. The Energy De- a stimulus plan to jump-start the econ- ket in order to keep in place spending partment, along with so many of the omy. for slow, unending, and nonjob-creating other departments we are dealing with, We have people in our home States government programs. As the Wash- simply does not have the time to gear who are hurting. There were 600,000 ington Post reported yesterday morn- up and properly spend, with a level of jobs lost last month across our coun- ing, this final product ‘‘claims many accountability, so much money over try. These facts underscore the need coauthors, including house liberals who such a short period. for something to be done to strengthen saw a rare opportunity to secure new The question then needs to be asked: our economy. So we are all in agree- social spending.’’ And take advantage Will this level of funding become the ment on that basic premise. of that opportunity they did indeed. new baseline for the Department? If it There is a great deal of good will out It now appears the majority leader- does, we will have significantly ex- there in the country for our new Presi- ship in the House and Senate have panded Federal spending at a time of dent. I commend President Obama for taken a bad bill and made it worse. unprecedented Federal deficits. If it making the economy his main focus. I Two popular items, one Republican and does not become part of the baseline, also commend him for publicly stating one Democratic, added to the Senate then that crashing sound we will hear Democrats do not have a monopoly on bill on the floor have been dropped is going to be the gears that are grind- good ideas. The President said: Repub- from the final version and replaced ing back down as funding returns to licans have good ideas also. And he with weaker alternatives that are less normal. I suggest such wild swings in wanted to include them in his stimulus likely to work to stimulate home sales funding are disruptive and one of the plan. and automobile sales. The first is the Isakson amendment, most ineffective ways to spend our tax- That is not what happened when which was so widely agreed upon in payers’ dollars. House Democrats met behind closed this Chamber that it was approved by a The stimulus, by giving Government doors several days ago to write this voice vote. It went right to the housing agencies completely unprecedented bill. It is not what has happened problem. It would have provided a amounts of money for sometimes non- throughout the process. $15,000 tax credit to all home buyers, a existent programs, also sets up near Republicans responded to the Presi- concept which has worked in the past. perfect conditions for waste, fraud, and dent’s call. We came forward. We came Yet the final conference report before abuse. This is exactly what the Amer- to this floor. We talked to our con- us reverts back to the House-passed ican taxpayers do not want to see. For stituents back home. We stood before proposal, providing much less money— example, $3.2 billion is provided for every television camera that would an $8,000 credit—and limiting the pro- block grant programs for energy effi- film us. We talked with every jour- vision to first-time home buyers. We nalist we could find. We have discussed ciency. The conference report provides need to encourage home buying by our ideas with the American people. $400 million for a competitive grant every American who is creditworthy, system that does not currently exist We presented ideas that I believe could have turned this economy and this provision doesn’t get the job and for which there is no administra- done. around. Our ideas focused, first, on get- tive process. The Mikulski amendment, offered by ting the housing market out of the gut- The PRESIDING OFFICER. The Sen- our Democratic colleague from Mary- ator has used 10 minutes. ter. The housing problem is what got land, also had wide bipartisan support. Ms. MURKOWSKI. I ask unanimous us where we currently are, and it It passed this Chamber by a vote of 71 consent for an additional 1 minute. should be where we begin in turning to 26. It has been dropped in favor of a The PRESIDING OFFICER. Without our economy around. weakened alternative. The plan now al- objection, it is so ordered. Also, we proposed real tax relief for lows new car buyers to deduct from Ms. MURKOWSKI. Mr. President, America’s working people and for those their Federal taxes the sales tax they making matters worse, it provides an people who create over half the jobs in paid on a new car. But the Mikulski additional $3.1 billion to State energy this country, our Nation’s small busi- provision that would have also allowed programs but imposes conditions on re- nesses. them to deduct interest on their car ceiving funds that are currently met by Additionally, our plan called for tar- loans was stripped. The Mikulski only a handful of States. geted infrastructure investments with amendment would have helped strug- Another example I wish to leave you clear economic development purposes, gling U.S. automakers and auto dealers with is the smart grid. We agree this is in addition to putting an emphasis on get buyers in the showrooms, it would very important. There is $4.5 billion for legitimate Government priorities, such have helped move cars off their lots, the smart grid. This was authorized at as early investment in military equip- and helped protect the endangered $100 million in the 2007 Energy bill. It ment and facilities, items we know will automobile industry jobs. Like the has received zero funding to date. Is it be funded in the future but would cre- Isakson amendment, it was unfortu- possible to expect we can ramp up to ate increased jobs quickly if we focused nately removed from this final pack- $4.5 billion in 2 years in a rational way? on them now. age. We don’t even have the standards in Just as importantly, the Republican So while the conferees tinkered place for the interoperability frame- idea I supported would have stimulated around the edges—making the bill work. our economy at half the cost of the worse in some ways—we stand here I don’t think the American taxpayer plan we are considering today, and that today debating a bill that will add over is concerned so much about how much is not just my opinion, that is the opin- $1 trillion to the national credit card. I we spend, so long as we do it respon- ion of a lot of very well-considered have said it before in this debate, and sibly and with accountability. Democrats in this town. I will say it one more time: A trillion The PRESIDING OFFICER. The Sen- Three days ago, the Senate cast one dollars is a terrible thing to waste. But ator’s time has expired. of the most expensive votes in the his- that is exactly what this bill does. This Ms. MURKOWSKI. My concern is we tory of the United States of America. bill is full of bad decisions that will have not done this with this stimulus That $835 billion bill, which actually take Americans decades to pay for. package. costs $1.2 trillion-plus when we add the Much has been made during this de- I yield the floor. cost of interest, has been given, at bate—by me and by many of my col- The PRESIDING OFFICER. The best, a small haircut. The bill before us leagues—about how much $1 trillion is, Chair recognizes the Senator from Mis- is being presented to the American peo- and I think we have established well sissippi. ple today at a cost of $789 billion, still that this is a staggering amount of Mr. WICKER. Mr. President, as Mem- in the neighborhood of $1.1 trillion to money. Again, this is the most expen- bers can see from the debate we have $1.2 trillion, when one adds the cost of sive piece of legislation ever passed in had today and throughout the past cou- debt service. the history of our Republic. ple weeks, almost everyone in this Sen- In order to reach the current number, Last September, Congress approved ate and in the House of Representa- this so-called compromise cut much of the $700 billion Wall Street bailout.

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.028 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2279 That came on top of approximately longed the Great Depression. By seek- a lot of Americans. A lot of Americans $200-plus billion earlier in the year in ing to balance the budget in the face of have called in expressing their opin- the form of rebate checks. I think the economic decline, our leaders only ions, sent thousands of e-mails and let- American people have the right to ask: worsened that decline. ters. If my colleagues’ offices are any- of that $200 billion and then the $700 President Kennedy’s adage about ac- thing like mine, mine have been 80 to billion—and that is almost $1 trillion tion applies as well again to the eco- 90 percent against this bill. right there, and certainly more than $1 nomic policies of our time. Yes, there Folks are saying: Slow down. Let’s trillion when you add the debt service, are risks and costs to the bold program see what is in it. We know about unin- as I have already pointed out—what did of action we recommend today. But tended consequences. Let’s not spend we get? What did the taxpayers, the those risks are far less than the long- all this money unless we know what we American public, get for that unbeliev- range risks and costs of failing to act are doing. Folks have expressed con- able expenditure of taxpayer funds last forcefully. cern that we seem, as politicians for year? A worsened economy is what we Since this recession began, 3.6 mil- the last 2 years, to have been talking have gotten. We certainly didn’t get lion Americans have already lost their down the economy—holding press con- the economic boost that was promised. jobs, and job loss is accelerating. In ferences in the very worst areas of our In an editorial yesterday in the Wall each of the last 3 months, more than country and saying this is what is hap- Street Journal, it was noted that the half a million American workers lost pening everywhere, and every day say- Congressional Budget Office estimates their jobs. Economists warn that the ing it is going to get worse, it is going the 2009 deficit will reach 8.3 percent of worst is yet to come. to get worse. What businessman would the economy—a number that does not Last month, before the latest bad expand his business, or what business- include the stimulus or the TARP bail- news, the Congressional Budget Of- woman would go out and invest her life out funds. We know that after this is fice—a nonpartisan professional orga- savings to start a new business if what enacted—and it does appear that the nization—said: they were hearing from Washington proponents of this conference report Under an assumption that current laws and every day is: It is terrible; it is going have the votes to move it to the Presi- policies regarding Federal spending and tax- to get worse. I am afraid we have done dent’s desk—another very expensive fi- ation remain the same, CBO forecasts . . . an our part in creating a bad economy. nancial package will be forthcoming unemployment rate that will exceed 9 per- Clearly, there is a difference in phi- from the administration in a matter of cent early in the year 2010. losophy, and I have to respect what the days. So what does this mean for peo- Those are the costs of inaction. The President and the Democratic majority ple across America? Each household costs of inaction will be paid with mil- have said: They won the election, they now owes more than $100,000 to pay for lions—millions—more lost jobs. The get to do it their way now. But I think the debt we already have, not including costs of inaction will be paid by the some of us believe—and if you look at the additional debt that is coming. heartache of millions of families history, there are a lot of facts behind Senators need to ask themselves, plunged into economic hardship. us—that when the economy slows down when is enough enough? When will we And so, with the leadership of our and there is a need to get more money begin making hard choices? new President, we have sought to act in the economy, the fastest and The PRESIDING OFFICER. The Sen- forcefully. We have put together this quickest way to do it is to stop taking ator has used 10 minutes. $787 billion package designed to help so much out in taxes. Some say on the Mr. WICKER. Mr. President, I ask bring our economy back. We have as- other side: Well, tax cuts are an old unanimous consent to consume about sembled this package, designed to cre- idea. But tax cuts are related to indi- 30 seconds more. ate and save jobs. vidual freedom, people making their The PRESIDING OFFICER. Without The day before yesterday, the Con- own decisions about how money is in- objection, it is so ordered. gressional Budget Office said it will vested; leaving profits in the hands of Mr. WICKER. We need to ask our- work. The Congressional Budget Of- thousands of small businesses so they selves in the Senate: When is enough fice—again, a nonpartisan professional can use that money to hire people and enough? When will we begin making organization—said: grow their businesses. Because that is hard choices between what will truly The legislation would increase employ- where all the jobs are created. work to stimulate this economy and ment by . . . 1.2 million to 3.6 million by the Government doesn’t create jobs. It what we wish to have but which will fourth quarter of 2010. may hire someone, but they have to not work to get the job done? That is an objective observation done take that money to pay that person Americans expect us to get this right by professional analysts. The adminis- from the private sector, from busi- and to take the time necessary to tration agrees. The administration nesses that are actually creating the make sure we get this right. This bill projects the legislation before us will wealth. fails to hit that mark. I will vote no create or save 31⁄2 million jobs. We have talked about so much data because we simply cannot afford again That is what this debate is about. It in this very short debate. People have to make a mistake of this magnitude. is about creating or saving millions of talked about the Great Depression. It Mr. President, I yield the floor. jobs. It is about acting forcefully to is pretty clear that we tried getting The PRESIDING OFFICER. Who avoid yet more hardship. It is about out of the Great Depression for about yields time? The Senator from Mon- avoiding the far greater risks and costs 10 years by spending and adding new tana. of comfortable inaction. government programs, and it didn’t Mr. BAUCUS. Mr. President, Presi- The history of the 1920s and 1930s work. In the 1960s, though, the econ- dent John F. Kennedy said: teaches us what we must do. The his- omy grew after President Kennedy cut There are risks and costs to a program of tory of the Great Depression teaches us taxes. Our economy sagged again dur- action. But they are far less than the long- the costs of delay. This recession is the ing the big spending days of Lyndon range risks and costs of comfortable inac- economic test of our generation. Re- Johnson. In the 1970s, we tried to get tion. sponding to it with forceful action is out of a recession, or grow our econ- President Kennedy’s observation ap- our duty. Let us not be found wanting. omy, with heavy spending and new gov- plied well to the economic policies of So let us not find comfort in ‘‘no’’ ernment programs and huge deficits the late 1920s and 1930s. When we look votes and the blocking of action. Rath- and ended up in recession again. The back at the late 1920s and early 1930s, er, let us rise to the challenge of our 1980s were the boom years, when we wonder what our leaders must have generation and let us finally send this Reagan and Margaret Thatcher and been thinking. With the benefit of jobs bill to the President’s desk to be- others around the world realized that hindsight, we see that they should have come law. freedom does work. Free markets do acted more forcefully. We see they Mr. President, I yield the floor. create prosperity. should have used the tools of govern- The PRESIDING OFFICER. The Sen- We have seen countries, such as the ment to increase the demand for goods ator from South Carolina. Soviet Union, change from their old and services in the economy. By failing Mr. DEMINT. Mr. President, this is a centralized government approach to to act to spur demand, our leaders pro- bittersweet day for a lot of us, I know some free market principles and grow

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.030 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2280 CONGRESSIONAL RECORD — SENATE February 13, 2009 out of a lot of their problems. We have expensive policy of their own choosing Although we are in an emergency talked about Japan during this debate. that they can keep more than just a condition, I almost wish this vote this They had a lost decade. They kept few months. We will support something afternoon were taking place a week their taxes the highest in the world that is Government, but we will not from now, after the Presidents Day re- and they tried to spend their way out help people live free and make their cess, so Senators who have voiced op- of a recession. It didn’t work. They lost own choices. Certainly, it is bitter- position—and I take them at their a lot of time, a lot of money, and a lot sweet. word and I certainly respect their right of opportunity. But the news is not all bad today. I to disagree, and I respect them. Almost There is a big difference in philos- think the American people have re- all the Senators in this Chamber know ophy that we should debate. But why signed themselves to the fact that they how much this Senator enjoys them the rush? I think the consternation I are going to lose this battle, but they personally. But I almost wish this vote hear from the American people now have gotten more informed and more were being taken a week and a half more than anything else is, if this is engaged and outraged. I think they from now, after the recess, after Sen- the biggest spending bill in history, have seen if they call, if they e-mail, if ators have gone home to their States why are we trying to rush it through? they stand and express their opinions, and looked into the eyes of their people Why does it have to be on the Presi- they have a chance to turn around this and understood the pain and the an- dent’s desk Monday morning? Why are move by our Government toward a guish that is going on across America we going to vote on a bill that not one more socialistic style of economy and and how much people are depending on of us have finished reading at this culture to one that is more like the us, the Government, to stop the down- point? We just have had it today in any freedom Americans have always known ward spiral of our economy; and to try kind of searchable format on the Inter- and loved. to get it righted and going back up the net. Yet we are going to vote on it be- Freedom is not an ideology; it works. other way. fore we leave today. It seems we are When we let people take advantage of In the meantime, as that attempt is afraid there might be some good news opportunities and direct their own being made—and it is going to take coming out of the economy in different spending and start their own busi- some time. We hear every economist in sectors and the panic could subside nesses, that creates jobs. We cannot do the world say it is going to be at least long enough that maybe Congress that artificially, by taking money from a year, if not 2 or 3 years. In the mean- doesn’t feel we have to do something, one person and giving it to another, time, our people are hurting. We hear, even if we do not know what it is. which we are doing a trillion times in every day, these stories. It seems we are rushing such an in- the bill we are talking about. This Senator is going to scores of credible spending bill. I talked to one I think Americans are watching what townhall meetings all across Florida of my sons last night and said: You is going on today. They are going to next week. I know what I am going to might get $400, spread out in $17 incre- wonder why we voted on a bill that is hear. It is what I have been hearing not even on our desk, that we have not ments. The bad news is you will prob- every weekend when I go home. It is read yet, that they have not been able ably end up owing $10,000 or more be- these horror stories, these impossible to search—as the President promised cause of this one bill. He didn’t seem to economic stories of people who have during his campaign, that he would not think it was that good a deal. worked hard and played by the rules I know the other side won and that sign any bill unless it had been on the and done everything right and they makes it bittersweet, in a way, because Internet for at least 5 days so the lose their job, they lose their home, I feel like a lot of us have been stand- American people could know what we they get upside-down in an economic are doing here. We promised in these ing for what the American people are condition and they do not have any Chambers that we would not bring a calling and telling us about. We know hope. It is almost as if I wish this final bill to the floor unless it was on the if we let the people who are earning it passage vote were not coming so Sen- Internet for people to see before we and hiring people keep the money, we ators who have expressed an opinion voted on it. We are breaking all those would stimulate our economy. about voting against this legislation There are other things we can do, promises with this bill today. The American people may have lost could listen to them. Fortunately, other than tax cuts as well. As to en- this one, but they have raised their there will be a vast majority of at least ergy, at a time when we know that by voices and they have seen what is 60 in this Chamber, with not all the opening our own energy reserves, drill- going on a little bit better than they Senators present today because I don’t ing for our own oil and natural gas, we have seen it before. I think they are think the health of Senator KENNEDY is could stop the flow of American dollars going to win the final battle against going to allow him to return to the overseas and create lots of jobs here, this big Government approach to every Chamber—so at least 60 of the Senators this very week this new administration problem that comes up, against this are going to be voting for it. But there will be a substantial num- delayed the planning of opening our idea that every time there is a problem own reserves by another 6 months. out across America, that we throw up ber, at least 37 in this Senate, who will What are we waiting for, gas prices to our hands and say we have to do some- vote against it. If they could hear the go up to $3 or $4? Why delay something thing, even if it is wrong, even if we stories, they would understand why that could help the economy? had not read it, even if it is $1 trillion; there is $120 billion in this bill in in- If we only allowed States to take the we have to do something so the people vestments in infrastructure and money we are already spending for edu- back home will think we are doing science; and $14 billion for health and cation and allow students to take that something. Wasting this kind of money $106 billion for education and training to any school of their choice, it would and putting this kind of debt burden on and energy—$30 billion in energy infra- attract literally billions of dollars— the next generation is inexcusable and structure; and helping with direct eco- probably hundreds of billions of dollars intolerable and the American people nomic help to those hit hardest by the of private sector investment in edu- are starting to figure it out. economy, of $24 billion; and helping law cation to create all kinds of new They may lose this vote today, but enforcement, $7.8 billion. choices for students that might actu- the American people will win that final My State is one of the States that ally prepare them to compete in the battle for freedom when they continue has been the hardest hit. We are second global economy. But what we are doing the fight they have started this week. only to California in the total number is more Government spending with the I yield the floor. of foreclosures of homes. You wonder, old Government model, and it is not The PRESIDING OFFICER. The why did the President go to Fort Myers going to create new jobs. Chair recognizes the Senator from earlier in the week? The Fort Myers Even in health care, there is some- Florida. area is the highest foreclosure rate thing in this bill that will help sub- Mr. NELSON of Florida. Mr. Presi- area in the entire country, and for peo- sidize people’s health care with COBRA dent, it is good to see you in the chair. ple who are getting laid off there, there when they lose their jobs. But we will You are a great addition to the Senate, is no economic opportunity for them to not allow that same subsidy to apply if being a distinguished new Senator from find another job. Out of this stimulus the same person wants to apply a less Delaware. What a pleasure. bill, just this bill, with the spending

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.031 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2281 and the tax cuts, some $10 billion is The PRESIDING OFFICER. The Sen- committee reports that indicated it going to go to my State. It is going to ator has used 10 minutes. could be spent for things such as STD be for roadbuilding, it is going to be for Mr. NELSON of Florida. Mr. Presi- testing and prevention and smoking health care, it is going to be for class- dent, I ask unanimous consent for 30 cessation. There was a lot of com- rooms and teachers, it is going to be additional seconds. I will complete my mentary about that in the media, and for food stamps, it is going to be for thought. folks made fun of it. So the assumption unemployment compensation, it is The PRESIDING OFFICER. Without was that has come out. No, it turns out going to be for Medicaid. Look at the objection, it is so ordered. there is still very clearly flexibility to human face. Our people are hurting and Mr. NELSON of Florida. We are going use the funds for these kinds of things. they need help. to provide the most significant expan- Let me mention two or three others: Of that amount that is going to Flor- sion in tax cuts for low- and moderate- $50 million for the National Endow- ida, $4.3 billion is going to help people income households ever. That is going ment of the Arts, $500 million for So- who have lost their jobs to keep their to occur right in the State of Florida. cial Security Administration disability health insurance. Can you imagine the We are going to increase the invest- backlog, $60 million for Student Aid trauma of a breadwinner who loses the ment in roads and bridges and mass Administration, $50 million for the job—and that is traumatic enough—not transit. We need all of this in Florida. Compassion Capital Fund. There is $450 to be able to afford health insurance This is stimulus. This is providing jobs. million for Amtrak security grants, for his family, especially if there is a This is helping people in need. This is which was not in either the House bill traumatic injury in that family? That the right thing to do for Florida. or the Senate bill. They simply put it amount of $4.3 billion going to Florida I yield the floor. in this legislation. is going to provide health care for the The PRESIDING OFFICER. The Sen- All of these items were new from poor. This is what I am talking about. ator from Arizona is recognized. when the Senate passed the bill. There This is compassionate assistance in an Mr. KYL. Mr. President, the bill we is also $53.6 billion for a fund labeled economic downward spiral that only are considering now was made avail- ‘‘Fiscal Stabilization Fund.’’ In look- the Government can provide. able to us at 11 p.m. last night, long ing to figure out what the Fiscal Sta- Specifically, in Florida, this bill is after the Senate was out of session. bilization Fund is, we find it is really going to create or save 206,000 jobs. Na- This is it. Now, I daresay that I doubt nothing more than a discretionary tionwide it is going to be somewhere any of my colleagues have read this slush fund for States to use. between 3 million and 4 million jobs it bill. I have not, I confess. Yet we are Now, the Senate has cut the fund is going to create or save. Over 1 mil- going to be voting on it in about 3 from $79 billion. They cut that down to lion jobs have already been lost since hours. We have relied on our staff to $39 billion. Some of our Members were the first of last year. But there are sev- tell us what is in this bill, and we proud that was accomplished. All of eral million more that are going to be found some very interesting things. the Democrats voted for that. But it lost in this country if we do not do There are changes from when the bill turns out in the conference—of course anything. So this stimulus bill is de- passed the Senate. My colleagues need not the public conference; that was signed to create 3 million to 4 million to know what some of these changes merely for show. But when the Mem- jobs that will, in fact, take up that are. I would note, by the way, that the bers went behind closed doors, they slack of what otherwise would have middle-of-the-night, behind-closed- tucked all of the money back in—added been lost and has been lost. doors way this legislation was created about $14 billion, I should say, back This bill is going to provide $800 for a is a far cry from what the President re- into the slush fund. But what is $14 bil- family. That is going to provide almost quested of us and promised on his Web lion when we are talking about $1 tril- 7 million workers and their families, site. He talks about ending the practice lion? just in the State of Florida—7 million of writing legislation behind closed There is an article today in the are going to be eligible for the making doors. He says: By making these prac- Washington Post that includes a story work pay tax cut of up to $800. Just in tices public, the American people will titled, ‘‘Despite Pledges, the Package Florida, this bill is going to make be able to hold their leaders account- Has Some Pork.’’ It begins: 195,000 families eligible for a new tax able for wasteful spending, and law- The compromise stimulus bill adopted by credit to make college affordable. That makers won’t be able to slip favors for the House and Senate negotiators this week is almost 200,000 in Florida alone able is not free of spending that benefits specific lobbyists into bills at the last minute. to have the tax credit for college. communities, industries or groups, despite Well, would that it were. So, unfortu- For those out of work who are get- vows by President Obama that the legisla- ting unemployment insurance benefits, nately, it looks as though a lot of fa- tion would be kept clear of pet projects, ac- there is going to be an additional $100 vors were inserted for a lot of folks. I cording to lawmakers, legislative aides and in my State, to 761,000 people—761,000 don’t know whether it was because lob- anti-tax groups. workers in Florida who have lost their byists requested it, but there are sure a Included in the pork called out by jobs in this recession are going to get a lot of things that relate to specific the Washington Post is $8 billion, $8 little bit more help in unemployment Members and specific States. And, as I billion for high-speed rail projects, for compensation. said, many of these items were not a MagLev rail line between Los Ange- In addition, what this bill is going to even included in the Senate-passed bill. les and Las Vegas, and other things. I do for my State of Florida is, it is Let me mention a couple because they mean, I had mentioned this before, the going to give funding sufficient to are matters that have been in the money for Filipino veterans, I think a modernize 485 schools so our children media a great deal. very worthy cause except they are are going to have labs and classrooms I think we have all heard discussed from the Philippines, and it does not and libraries that they need to get the fact that when Republicans raised create jobs in America. ready to compete globally in the 21st the fact that ACORN could receive There is money for the Nation’s century. money from the neighborhood sta- small shipyards. I wonder why the big Then, in addition, this legislation is bilization fund, this was a provision shipyards were not adequately rep- going to help transform our economy that the other side, the Democrats, resented? And I mentioned before the in our State, in Florida alone, by dou- said: Well, we will take that out. And, $1 billion for a powerplant in Mattoon, bling the renewable energy generating indeed, they removed the words IL. These are what we call earmarks. capacity over the next 3 years. It is ‘‘neighborhood stabilization fund’’ as a These are especially for a specific going to create enough renewable en- subheading. Then they just lumped Member’s congressional district or ergy in Florida to power 6 million that funding under the community de- State. They may be good spending, homes. velopment fund. some of them may even create jobs, but We are going to be able to comput- Bottom line is, they took out three they violate what the President talked erize every American’s health record in words. The money can still be spent, about when he talked about special 5 years, and look what that is going to including for ACORN; same thing for projects put in these bills. save Floridians. We are going to be the billion dollars for a new prevention The bottom line is, this legislation able to enact significant—— and wellness fund. This was in earlier continues to spend money in a wasteful

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.032 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2282 CONGRESSIONAL RECORD — SENATE February 13, 2009 way that our constituents strongly op- say: All you want to do is talk about Mr. KYL. The United States has ac- pose. tax cuts. We think tax cuts would real- tually only had a positive growth in Now, the Coburn amendment was ly help. So the period where 98 percent our gross domestic product by virtue of adopted to reflect our constituents’ of the tax cuts are disbursed, but less our exports. This is another area, concerns. We voted for that amend- than half of the spending is where you sadly, that has been missing from this ment, 73 to 24. We are in favor of end- have the economic growth. legislation. At the end of the day, this ing wasteful Washington spending, we Then in 2011 to 2019, when there is is not the right way to spend $1 tril- said. Specifically, the amendment pro- only 2 percent of the tax cuts and over lion, gambling on our future and cer- hibited funds from being used for a ca- half of the spending, you actually have tainly not providing that we will stim- sino or other gambling establishment, reduced economic growth. That is why ulate economic growth. aquarium, zoo, golf course, swimming Republicans have been emphasizing tax The PRESIDING OFFICER. The Sen- pool, stadium, community park, mu- cuts. It is interesting the actual incre- ator from Maryland. seum, theater, art center, and highway mental tax cuts represent only 20 per- Mr. CARDIN. Mr. President, I believe beautification project. And that is cent of the overall size of the bill, and I am scheduled for 5 minutes. where we thought it ended. But not so. we do not know all of the exact totals The PRESIDING OFFICER. There is In this group of negotiators who met in the bill. But an analysis of the ear- no order, but the Senator is recognized. behind closed doors for at least a cou- lier passed House version would result Mr. CARDIN. If the Chair would ad- ple of nights, it turns out that a lot of in 22 million families getting a check vise me when 5 minutes has been used, these things have crept back into the back from the IRS that is bigger than I would appreciate it. bill. what they paid in both payroll and in- The PRESIDING OFFICER. The So now section 1604 of the conference come taxes combined. Chair will so note. report includes part of the funding lim- So when we say, well, this goes to Mr. CARDIN. It is interesting my itation from the Coburn amendment folks who do not pay income taxes, our friend from Arizona mentioned small but drops its applications to museums, friends on the other side said: Yes, but business, because this morning on my stadiums, art centers, theaters, parks, they pay payroll taxes. Yes. Combine way into the Capitol—I go home every or highway beautification projects. So the two. The check they get back, in 22 night to Baltimore—I had a meeting a lot of the good that we thought we million cases, is still more than the with small business leaders in Prince had accomplished, it turns out, does combination combined. George’s County. We noticed this a not carry at the end of the day. There are so many other concerns couple days ago. The room was over- The end result of this is, the CBO that we have expressed with this pack- flowing. These small business owners scores the long-term consequences of age. We talked about the fact that want us to take action to help them. the spending in this bill not to be $800 small businesses create 80 percent of Minority businesses, women-owned billion, as has been discussed, or even the jobs in the country. So you would businesses, veterans’ businesses—they $1 trillion when you add in the inter- think this bill would contain all kinds want to see bold action because they est. But, as you know, the Congres- of things to help small businesses cre- are hurting. Their businesses are hurt- sional Budget Office, nonpartisan, ate more jobs. ing. They are having a difficult time Well, we looked in vain. It turns out scores for 10 years what is the cost the getting credit. They are using their that about one-half of 1 percent of this real cost, over a 10-year period. credit cards for credit because they They say the cost will jump to $3.27 package is dedicated to helping small can’t get SBA loans and credit from trillion. So when we are talking about businesses produce jobs, one-half of one banks. the $800 billion stimulus bill, let’s un- percent. In fact, only $7 billion total is In this legislation, there is help for derstand it is really a $3.27 trillion bill. provided for all business incentives small business procurement from the Now, there are a couple of other in- combined, and one of the key features Federal Government. There are provi- teresting things about this. It is not relating to net operating losses that sions in this legislation that will make temporary. There are 31 new programs passed the Senate was taken out of the it easier for them to get 7(a) loans and totaling $97 billion, in fact, 31 percent conference report. of all of the appropriations. It expands There are other provisions that will 504 loans by eliminating the cost so it 73 programs by $92 billion. These expand the cost dearly. If you look would be less expensive for small busi- should be part of the regular appropria- closely in this package you will find a nesses. The bottom line is that the American tions process. $17 billion tax, in effect, on Govern- It is interesting that while the Con- ment spending because we included a people are looking for us to take bold gressional Budget Office confirmed the requirement that the Davis-Bacon pre- action, to give our new President the bill might provide a short-term boost vailing wage rules must apply to most tools he needs to get our economy back to the gross domestic product in the of the spending in the bill. That adds a on track. next few years, the added debt burden cost of $17 billion because of the re- In Maryland we have lost jobs, as has and crowding out of private investment quirements of Davis-Bacon. There are the rest of the country. Nationwide we will actually become a net drag on eco- provisions that expand welfare depend- have lost over 600,000 jobs last month, nomic growth and wages by 2014. That ents. It reduces or eliminates current over a million jobs in the last 2 means a lower standard of living for all work requirements for welfare and will months. Foreclosures are at record of us. obviously or ultimately lead to less numbers. Businesses are closing their This is fascinating to me. The Con- work and more poverty. doors. Consumer confidence is at an gressional Budget Office forecasts that There is even a provision relating to all-time low. We need to take action. the time period where economic growth unemployment benefits that allow peo- The American Recovery and Rein- is boosted, 2009 and 2010, is the same ple to leave a job to care for a family vestment Act will create jobs. In my timeframe when 98 percent of the tax member and then collect employment State, it is estimated to be 66,000. It cuts are disbursed. But between 2011 insurance compensation. Now, States, will provide tax relief for 2.2 million and 2019, when only 2 percent of the tax interestingly, have to amend their Marylanders of $800. It will provide for cuts are left, you have over half of the State laws in order to take advantage the American opportunity tax credit spending in the bill, and yet the bill ac- of this provision. for 253,000 Marylanders which will help tually reduces economic growth. Let We really missed an opportunity to them pay for college education. It will me repeat that. This is from the Con- create private sector jobs through increase unemployment insurance for gressional Budget Office. Their fore- trade. Yet that is the area where 242,000 Marylanders who are on unem- cast is that economic growth will be the—— ployment by $100 a month. It will help boosted in the years 2009 and 2010. I The PRESIDING OFFICER. The Sen- modernize 138 schools in my State. talked about it like a sugar high for ator has used his time. Nationwide we will double the renew- kids. That is when 98 percent of the tax Mr. KYL. I ask unanimous consent able energy capacity of America. We cuts are disbursed. for 30 additional seconds. will computerize medical records which We like to say tax cuts can do a lot The PRESIDING OFFICER. Without will make it safer for patients and less of good here. Our Democratic friends objection, it is so ordered. expensive. We will build roads and

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.038 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2283 bridges, the most expansive public in- other major U.S. employer announcing by local or State investments and that frastructure efforts literally since stunning layoffs. However, this con- won’t create jobs now, such as $300 mil- President Eisenhower. ference report—this didn’t get here lion for new cars for Federal employ- I am pleased that the final bill in- until 12 last night. You talk about ees. The problem with $300 million for cludes the Mikulski amendment that transparency. I defy any Senator to new cars is that somebody is going to will help auto sales by allowing tax- say he has been through every page of drive them. Rather than focusing on payers to deduct the cost of the sales this in terms of transparency. practical and comprehensive ap- tax. I am appreciative that the com- This conference report is a missed op- proaches to fixing housing first, this mittee included an amendment I of- portunity. We had an opportunity to bill diverts Federal funds to controver- fered with Senator ENSIGN to expand provide pro-growth policies that put sial and politically skewed groups that the homeowners credit for first-time money directly into the pockets of will do nothing to address interest home buyers, introduced last year to families and businesses. When they rates, availability of credit, or declin- make it a true credit of $7,500 and to have more money in their pocket, they ing home values that are at the root of extend that through November of this can spend it as they see fit rather than the housing and mortgage crisis. year. That will help home sales. It was handing the money over to the Govern- Two infrastructure provisions have the housing market that triggered the ment to redistribute elsewhere. Instead miraculously grown during this con- current recession. That is an important the conference report further reduces ference. First, the Senate bill provided issue. It will restore consumer con- the tax relief that will go to workers the highest level of funding for Amtrak fidence in home buyers. I am pleased to from $500 to $400 per individual, from at $850 million. The House had $800 mil- see that was included. $1,000 to $800 per couple. Estimates are lion. The conference report includes I am pleased to see the amendment I that this tax relief will add about $13 $1.3 billion for the rail company. Does offered for small business, for surety more per week in the worker’s pay- this mean Amtrak will stop in Dodge bonds to make it easier for small busi- check this year. Next year it will add City, KS at some time other than 4 nesses to get surety bonds, increasing only about $8 a week. How will $8 a a.m. which they do today? Second, the high speed rail earmark the limit from 2 million to 5 million for week stimulate the economy? It won’t that is not an earmark, that received construction companies to get help even buy a family of four dinner at $2 billion in the Senate bill and zero in from SBA to get the surety bonds so McDonald’s off the dollar menu. They the House, has somehow grown by 400 they can get part of this procurement. will probably have to split the ham- percent overnight. I know some of my This underlying bill provides for sig- burger. colleagues will come up and say this is nificant opportunities to create jobs We also had an opportunity to fix not an earmark to the tune of $8 billion now in which small businesses will par- housing first—that is the Gordian knot in taxpayer money. But press reports ticipate and be the driving engine for of what faces us in terms of an eco- have already questioned this definition creation of new jobs in our country. nomic stimulus—to address the core since it appears the rail link between That is how it should be. We need to problem in our economy. Unfortu- Los Angeles and Las Vegas will be the take action in order to expand job op- nately, our colleagues across the aisle major beneficiary. I guess they hit the portunity now and make the type of in- rejected meaningful housing relief dur- jackpot. vestments so America can compete in ing Senate debate. Now the conference I want to be clear as well that the the future. There is accountability. report dramatically cuts the tax relief health care provisions in this bill are There is transparency in this legisla- to encourage qualified home buyers to not stimulative. Instead they represent tion. purchase a home, one of the very few major policy changes that should have I have confidence that we will pull things in the stimulus that would have gone through the regular order. out of this recession. America will con- done us some good. The most egregious example of this tinue its economic strength. But let us Most Americans are clearly opposed stealth maneuvering is $1.1 billion for give the tools to President Obama that to the spending in this bill. A bill nego- the establishment of a new Federal he needs so we can answer that person tiated in a back-room deal without the board to conduct comparative effec- who talked to me this morning, the transparency we were promised by the tiveness research. The majority is aim- small business owner who has to use new administration. A bill that in- ing, bluntly put, for research that jus- personal credit cards in order to get a creases spending at the expense of put- tifies restricting access for Medicare loan to keep the business open, because ting money directly in the pockets of patients to medical treatments that he can’t get a loan from the bank even families and businesses. the Government deems to be not cost though he is creditworthy. We need to This bill remains a honey pot for too effective. That is an extremely dan- provide the type of economic stimulus many special interests. It reinforces a gerous path to be on. One need look no to our economy to create the type of growing and dangerous mindset that further than Canada and the United jobs now to fill the void to make sure the Government—not private enter- Kingdom for examples of comparative America can compete in the future. prise, personal responsibility and hard effectiveness research being used to I yield the floor. work—is the creator of wealth and deny access for treatments for breast The PRESIDING OFFICER. The prosperity. It reinforces for individ- cancer, Alzheimer’s disease, rheu- Chair recognizes the Senator from Kan- uals, businesses, and State and local matoid arthritis, and much more. sas. governments that the Federal Govern- I also want to highlight the inequi- Mr. ROBERTS. Mr. President, if the ment is the source for funding for—the table increases to Federal Medicaid Chair could let me know when I have honey pot—for whatever they need. funding for States. I have heard argu- about a minute remaining, I would ap- I have here the ‘‘Berenstein Bears,’’ a ments from my friends from States preciate it. little book I read to first, second, and that reap large windfalls under the reg- The PRESIDING OFFICER. The third graders. It should have been re- ular Medicaid formula as well as under Chair will so notify the Senator. quired reading prior to the stimulus. the special bonus formula in this bill. Mr. ROBERTS. Mr. President, our ‘‘The Trouble With Money, With the But you cannot tell me with a straight economy needs a stimulus; there is no Berenstein Bears.’’ Open the book and face that the State of New York de- question about it. Senator CARDIN cer- it reads: When little bears spend every serves $12.2 billion more than the State tainly illustrated that in his remarks. nickel and penny, the trouble with of Kansas. Americans are worried, very worried money is they never have any. And Under this bill, the State of Kansas is about job security and how they will then after learning their lesson, the estimated to receive an additional $450 support their families and stay in their cub asked Momma bear: What about million, while the State of New York homes if they lose their jobs. The Sen- the money we earned? will receive an additional $12.65 billion. ator mentioned businesses in Mary- You earned it and it is yours, said That is nearly 28 times more than what land. I know businesses in Kansas are Momma. my State will receive. When CBO esti- the same way. All over the country, No more, not with this conference re- mates that total enrollment-driven our Nation’s businesses are struggling. port. It borrows money for programs State Medicaid increases are only ex- Not a day seems to pass without an- that, in many cases, should be funded pected to be $10.8 billion, well anything

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.040 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2284 CONGRESSIONAL RECORD — SENATE February 13, 2009 more than that is an earmark in my the context of the world we live in now. 2 years, with a focus on ensuring that book. The fact is, without belaboring it, be- measures are taken to prevent cost So I want everyone to understand the cause we are living it, we are going overruns, that strict oversight of con- State of New York is getting an ear- through in this country the most se- tractor performance is in place, that mark that is 28 times what the State of vere economic emergency since the de- grant conditions are met, and that Kansas is getting, 23 times what the pression of the 1930s, and it is hap- fraud is promptly prosecuted. State of Iowa is getting, and 41 times pening in a way that is unprecedented. Speed in distributing money, as I what the State of Nebraska is getting. It is not like the 1930s. So we are work- said, is critically important, but we That is not fair. ing very hard to figure out a way to get cannot repeat the kinds of mistakes Americans do not want us to place us out of it. that occurred in support of Iraqi recon- greater debt on future generations by What is the reality? Hundreds of struction projects or in the aftermath supporting a bill that doesn’t provide thousands of jobs lost every month, of Hurricane Katrina where money the right incentives to stimulate the people laid off, hundreds of people rushed out the door with little ac- economy and create private sector every month; the market going down; countability and too many billions of jobs. The American public does not the value of people’s homes dropping taxpayer dollars were wasted. want the Government determining more than $4 trillion in the last year; This bill, on its face, gets off to a what is and what is not a beneficial the stock market dropping somewhere good start in that direction. It includes health care treatment. around $8 trillion; confidence sapped in $200 million in additional funding for This is not our finest hour as a Con- our economy; no credit from the banks. our inspectors general to hire experi- gress. We had a real opportunity to So this is not a perfect piece of legis- enced auditors and investigators to po- stimulate our economy, create jobs, lation. I do not believe I have ever seen lice the spending under this program. and put money back in families’ wal- one in my 20 years in the Senate. But It creates a Recovery Accountability lets through common sense tax relief. this is a very strong piece of legisla- and Transparency Board, headed by a There is an old story that says you tion. I will say, bottom line, I am con- Presidential appointee and composed of can’t kill a frog by dropping him in fident that passage of the American at least 10 inspectors general from the boiling water. He reacts so quickly to Recovery and Reinvestment Act, which departments and agencies that have ju- the sudden heat that he jumps out be- is before us from the conference com- risdiction over the recovery package. fore he is hurt. But if you put him in mittee, will be the turnaround of the The bill adds protections for whistle- cold water and warm it up gradually, American economy. It will stop the blowers who work for State or local he never decides to jump until it is too slide of our economy. It will protect governments or private contractors, late. He is cooked. Men are just as fool- and create millions of jobs. It is that who generally have no protection ish. strong and that urgent. against retaliation, if they disclose The PRESIDING OFFICER. The Sen- I said from the beginning that I waste or fraud in the spending of these ator has 1 minute remaining. thought this so-called stimulus pack- stimulus funds. A special Web site Mr. ROBERTS. I thank the Chair. age should be as big and clean and called recovery.gov will provide trans- If you take away their freedom over- quick as possible. Big because the prob- parency by posting information about night, you have a violent revolution on lem is so big that the economists I spending, including grants, contracts, your hands. But steal it from them have talked to—left, right, center—say: and all oversight activities, so that any gradually under the guise of security Don’t do what Japan did when it, American will be able to report on or stimulus or recovery, and you can through a similar crisis, kind of gave a waste, fraud, or abuse when they see it. paralyze an entire generation. I think little, it did not work, and gave a little But our committee is going to police we failed on that front. We are not more. Give it a big investment. I think this, working with this board, and stimulating the economy. We are cre- this bill does that. stick with it to do our best to make ating a nanny state based upon a new Clean. Yes, there was some stuff in it sure every taxpayer dollar is spent effi- form of American socialism. The lure at the beginning that, in my opinion, ciently. of that is especially dangerous, as was not as directly related to job cre- Final point: I cosponsored, with Sen- many people I would have never sus- ation or economic recovery as it could ator ISAKSON, a proposal to create a pected will be coming to Washington, have been, should have been. That is home buyer tax credit of $15,000 to help coming to the honey pot, not doing why I worked with the bipartisan group stimulate the home-buying sector of things for themselves at home but of centrists, and I think we ended up our economy, raise home values, along coming to Washington expecting some cutting out $110 billion, a lot of pro- with the $50 billion the Secretary of kind of a stimulus or money or grant. grams. The bill is as clean as possible, the Treasury has to use to prevent That is not right. It tears at the fabric as it could be. foreclosures and modify delinquent of what America is all about. Quick. That is most important. You mortgages. Unfortunately, the con- I yield the floor. cannot legislate in the middle of an ference committee determined that our The PRESIDING OFFICER. The emergency in a way that is as lethargic proposal was too expensive to fund. It Chair recognizes the Senator from Con- as that frog I described in the begin- ended up coming in at over $35 billion. necticut. ning. The American people need help. But there was a good compromise to Mr. LIEBERMAN. I thank the Chair. This bill will provide them help. create an $8,000 first-time home buyer Mr. President, I do not have much I want to make two quick points. tax credit, with no recapture—in other time, so I cannot take the liberty I There is a lot of spending in this bill, words, you do not have to pay it back— would normally take to build on the and some people are rightfully worried and it can be used until the end of this metaphor offered by my dear friend about whether we can spend this much year, December 1, 2009. As I said, it is from Kansas about this frog in the hot money this quickly and do it without raised to $8,000. This is no small incen- water. But I will say briefly that I see waste or fraud. I want to say on behalf tive. In fact, the estimates are that this legislation, this conference report, of Senator COLLINS, who is the ranking this credit will cost us $6.6 billion. But as essentially being a prod to the member of the Homeland Security and what that means is, I think hundreds of American economy, which is kind of Governmental Affairs Committee, and thousands of people who want to buy a like a lethargic frog right now, not myself, we have responsibility for the home will get this special incentive— moving very far, and when this bill oversight of Government spending gen- an $8,000 tax credit—to buy that home. passes and is signed by President erally. We take that seriously. We in- That will raise the values of homes Obama, that American frog is going to tend to oversee aggressively the car- generally and get this economy of ours go jumping positively all over the land- rying out of this economic stimulus moving again. scape. package. We are going to begin with a Bottom line, we are in an emergency. Now, having gotten that out of my hearing in our committee on March 5 This bill is as big and unprecedented as system, may I say that you have to to examine how the Federal Govern- the emergency. As I said before, I be- judge this bill not just on its face or as ment will account for the billions of lieve we will look back at the passage a matter of theory but in reality, in dollars that will be spent over the next of this bill and say: This is where the

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.041 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2285 American economy began to turn party-line votes—both in the Finance stimulative. The simple truth is, Gov- around and work its way out of the Committee, on which I serve, and here ernment is inefficient at creating jobs, great recession of 2008 and 2009. on the floor. That is not bipartisan. If, and this morning the Wall Street Jour- I thank the Chair and yield the floor. in fact, this bill had been produced by nal explained some of the reasons why. The PRESIDING OFFICER (Mr. BEN- a bipartisan process, I have every con- Many Federal agencies, such as the NET). The Senator from Texas is recog- viction it could well receive an over- Department of Energy, simply do not nized. whelming vote on both sides of the have the capacity to spend all of this Mr. CORNYN. Thank you, Mr. Presi- aisle in this body. But this was a failed money as quickly as Congress is appro- dent. opportunity, I believe. priating it through this bill. I expect Mr. President, the administration Many of the programs in this bill are, the same is true for many State and and many of my colleagues have ar- in fact, wasteful and unnecessary. local governments. But the fact is, we gued that we cannot rely upon the These are earmarks in all but name in Congress have simply not taken the same strategies that got us into this only: golf carts, art projects, company time to find out. Instead, we are deter- mess to get us out of it, and I whole- cars, and new buildings for Federal em- mined to turn up the water pressure heartedly agree. I am voting against ployees. And these are only some of the across all levels of government without this stimulus bill because I believe it spending plans that we know are con- thinking about which pipes will burst replicates a failed strategy. tained in this 1,100-page bill which, as and whether they can handle the load. Some of my colleagues have claimed the Senator from Kansas pointed out, Nobody knows what will happen once that a ‘‘nay’’ vote on the bill means we we did not get a copy of until roughly this bill is actually implemented. I ap- preciate the distinguished Senator are for doing nothing. I want to correct midnight last night—without enough from Connecticut saying he and the that misimpression. That is just not time for Senators to actually read ranking member on the Homeland Se- true. We all understand the economy is every line, to discuss it and deliberate curity and Governmental Affairs Com- in crisis. This week, the president of on it and to make sure we understand the Federal Reserve Bank in Dallas mittee are going to do extensive over- what is in it and that we are not sim- sight. But I would suggest, the time to said that my State—which had been ply wasting taxpayer money. The fact doing well relative to the rest of the do our due diligence is before passing is, we will not have even had 24 hours the legislation, before spending the country in job growth and from an eco- to look at the conference report before nomic standpoint—is now officially in money, not after it is already spent, being required to vote on it later when Government does not have the recession, which confirmed what small today, a report negotiated in secret, businesses have been telling me for capacity to deal with it. behind closed doors, and which seemed And then there is this: The Congres- weeks. None of us disputes we are in a to be briefed to reporters and leaked to sional Budget Office estimates that crisis. Some of us disagree about what the press before many Members of Con- this so-called stimulus bill will actu- we ought to do in order to get out of gress actually got a chance to look at ally reduce growth of gross domestic this crisis. it, but we are told: Don’t worry. Trust product over the next 10 years. Because I believe a stimulus bill would have us. as the CBO says, it will actually—be- been a good idea if it had been focused The people in my State of Texas were cause of such enormous direct Govern- on the right priorities. That, I believe, promised many benefits under this bill, ment spending, it will crowd out pri- was President Obama’s original vision. at least $10 billion of direct spending vate investment in the economy and The administration said it wanted a and aid to our State, according to the actually hurt the economy, rather than bill that was timely, targeted, and Democratic policy committee—$10 bil- help it as its proponents have prom- temporary when it came to the spend- lion. Well, that is one reason some of ised. That means many millions of our ing that is contained in it. I daresay my constituents are saying: Senator children will have fewer opportunities that if this bill had reflected President CORNYN, we want some of that even if as they enter the workforce, even as Obama’s priorities, it might well then we understand your point that in order they inherit more and more public debt have received the 80 votes he said he to get it, my State’s share of the cost than any generation in history. wished it could receive, if it had truly of this bill will roughly include $90 bil- The tragedy of this $1 trillion bill is been the product of bipartisan collabo- lion, including interest. Mr. President, it ignores hard-learned lessons. We can- ration and cooperation. But it was not. $10 billion for $90 billion in debt? That not spend our way to prosperity. Dur- The fact is, we never saw the bill the does not strike me as a great bargain. ing the Bush administration over the President said he wanted. We saw in- Now, I am not an accountant, and I am last 8 years, we spent a lot of money. stead that Speaker PELOSI and Demo- not sure the Democratic policy com- We strengthened our homeland de- crats in the House essentially wrote mittee’s numbers are accurate. I just fenses, we delivered a prescription drug the bill themselves and really redefined cannot vouch for them. But accumu- benefit under Medicare, and we in- the word ‘‘stimulus’’ to mean nearly lating $90 billion in debt to receive creased Federal support for education. anything they wanted in a bill which about $10 billion in benefits does not Yet all that additional spending—for they knew they could pass because strike me as a good deal. And I suspect the war on terror, for homeland de- they knew this was an emergency, the deal is not much better for any of fense, prescription drugs, and edu- there was not adequate time to scruti- our other States. cation—did not protect us from a reces- nize the spending and projects, so they The math does not work on a na- sion. knew this was a moving vehicle, and tional scale either. Even if this bill In last year’s stimulus package, we they took every opportunity to load it does ‘‘create or preserve’’ up to 4 mil- sent out rebate checks. Remember that up with a lot that is certainly not tar- lion jobs, that means we are paying was about a year ago where we sent out geted, timely, or temporary and thus about $300,000 per job—$300,000—which cash to taxpayers ostensibly as a re- breached with the vision President is more than five times the median bate which, in fact, represented a redis- Obama had said he envisioned for the household income in the country. tribution of money from people who did bill. Now, if we are going to do this, why pay income taxes to people who don’t. That is the reason why this bill will don’t we just give the money directly You know what. It had virtually zero receive very little support on this side to the people through lower taxes, let- effect in terms of stimulus. Now we are of the aisle. In fact, out of 535 Members ting them keep more of what they going to do it all over again, this time of Congress, I would be surprised if earn? They would create and preserve under the guise of refundable tax cred- there are more than 3 on this side of far more jobs than the Government is its, again sending money to people who the aisle who will support this bill be- going to be able to do and we would not don’t pay income taxes from people cause it was essentially written by the be in the process of picking political who do pay income taxes in a vast re- leadership in the House and the leader- winners and losers in the process. distribution of wealth and replicating ship in the Senate and without Repub- But now the tax relief in this bill is the failed example of the stimulus lican contributions. Indeed, every even weaker tea than it was before, package we passed a year ago. amendment that was offered, with only averaging only about $8 a week, ac- Now, I understand these are unprece- rare exception, was rejected upon cording to some accounts—hardly dented economic times. I understand

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.042 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2286 CONGRESSIONAL RECORD — SENATE February 13, 2009 even the smartest people in the world basically equivalent to the total num- Main Street. It provides economic re- have a hard time knowing what we ber of jobs in the State of Maine. That lief to working families, small busi- should do, but shouldn’t we at least happened in 1 month in the United nesses, and seniors. It gives critical prevent repeating mistakes we know States of America. support to States and communities so don’t work? I don’t think it takes a In my home State of Minnesota, the they can ensure a safety net for fami- rocket scientist or a master of the uni- unemployment rate rose to 6.9 percent lies hurt by the economic downturn, verse to know that. last month. That is the highest it has and it will save or create 3.5 million The PRESIDING OFFICER. The Sen- been in 20 years. The national unem- jobs. ator’s time has expired. ployment rate is now at 7.6 percent. It In my State of Minnesota, the projec- Mr. CORNYN. Mr. President, I ask is across the board. Great companies in tions are that this bill will create 66,000 unanimous consent for 1 more minute. my State such as Target and Best Buy jobs. A recent analysis concluded that The PRESIDING OFFICER. Without and Ameriprise are trying everything the economic recovery bill could create objection, it is so ordered. to do the right thing, but they still are as many as 91,000 jobs in Minnesota by Mr. CORNYN. Mr. President, it is not having to lay off employees. 2010. Additionally, it will provide a tax as though my colleagues are just com- Behind all these numbers and statis- cut to 95 percent of working families plaining about the bill on the floor. We tics are real families. They are not just and offer additional unemployment offered a constructive alternative to a number, such as 598,000; they are real benefits to so many of the people in our fix housing first that got us into this families, people whom I have spoken to State who have lost their jobs. mess and which, I believe, if we had lis- across our State; moms and dads who This legislation will put Americans tened to some constructive suggestions put their kids to sleep and then sit at back to work building bridges, building on this side, would help lead us out of the kitchen table with their heads in roads, building schools. That is what it. We also know that letting people their hands thinking: How are we going this legislation is about. The legisla- keep more of what they earn exerts a to make it? A woman wrote me saying tion invests $116 billion in infrastruc- much greater multiplier effect in terms she got a little inheritance from her fa- ture, in science, roads, bridges, high- of the economy than does direct Gov- ther. She was going to use it for her ways, and transit systems. The Federal ernment spending. Finally, the idea daughter’s wedding and now she had to Highway Administration estimates that we can spend money we don’t have spend it on her own retirement because that for every $1 billion of highway on things we can’t afford simply defies it got blown in the stock market. spending, it creates nearly 35,000 jobs. logic. As we prepare to vote on this bill, it We know a little bit about the need to I am sorry this is a missed oppor- is important to remember how we got invest in infrastructure in my State. tunity, both for bipartisanship and an there. Our economic crisis is a result of We had a bridge that fell down right in opportunity to actually solve a real bad decisions on Wall Street, a result the middle of the Mississippi River, 6 problem confronting the American peo- of greed, as well as the result of a blocks from my house. As I said that ple. I believe there are better ideas failed economic policy for 8 years. day, a bridge shouldn’t fall down in the available, and those ideas remain There is a diner that used to be down middle of America. Not a six-lane high- available if we simply have the will to the street from me in Minnesota. It way, not a bridge 6 blocks from my embrace them. was a motorcycle diner called Betty’s house, not a bridge that my daughter I yield the floor. Bikes and Buns. There would always be travels as she rides with me and my The PRESIDING OFFICER. The Sen- a bunch of motorcycles parked in front. husband every day when we go to work ator from Minnesota is recognized. There was a sign in the window that or go visit our friends. It shouldn’t Ms. KLOBUCHAR. Mr. President, I said: ‘‘Betty’s Bikes and Buns: Where have happened. am honored to be here to speak in lies become legends.’’ favor of the economic recovery plan. Look at the past 8 years. We were The Federal Highway Administration Yesterday we celebrated Abraham told by the past administration they estimates that more than 25 percent of Lincoln’s 200th birthday. As I sat there would create jobs. Just last month— the Nation’s 600,000 bridges are either and listened to the historians talk the last month of the past administra- structurally deficient or functionally about Abraham Lincoln’s life, there tion—we lost 8,000 jobs. They told us obsolete. That is the good thing about was one thing that stood out to me and they would restore fiscal responsi- this bill. It gives us immediate short- that is the importance of timing. They bility. Well, we went from the largest term jobs, as well as giving us some- talked about when he was there in budget surplus left by the Clinton ad- thing to show for it, so that years those very dark days of the Civil War, ministration to a record-high budget later, when this economy is running that he had to make a decision. He had deficit left by the Bush administration. again, we will have the bridges that to make a decision about whether he They told us they would reduce that will take the goods to market, the good was going to sign the Emancipation deficit. They didn’t do it. ‘‘Where lies highways, and the good rail. Proclamation, freeing the slaves. He become legends.’’ This plan will also create jobs by in- thought about it for awhile. He knew if The people of this country in this vesting $43 billion in homegrown re- he did it at one time, it would be too last election said they had enough of newable energy, creating new energy early, and if he waited too long, it lies, they had enough of legends, and jobs across the country. As I have trav- would be bad. Finally, he signed it. The they wanted to see change. They want- eled across my State, I have seen the Historian said yesterday it is very pos- ed to put a President in who was going possibilities. I have seen the little sible that if he had done it 6 months to tell them the truth and not sugar- solar panel factories. I have seen the earlier, we would have lost a number of coat it, not make a bunch of promises wind turbine farms. When we had the States that wouldn’t have been with and not keep them. If we are going to information technology revolution— us; and if he had done it 6 months later, get out of this crisis, we are not going the IT revolution—it created jobs. A we would have lost the momentum to be able to rely on the ideas that got lot of those jobs were for people who that propelled us forward to win the us here, as some on the other side have had graduate degrees and Ph.D.s and Civil War. It reminded me again that argued. We need a new direction and they had to be in certain parts of the timing is everything and that timing that is what this bill offers. It is not a country. That is what is great about matters. perfect bill, but it is the first step to this energy technology revolution—the This is a time to take action with jolting this economy back in the right ET revolution. We have had experts our economic crisis. This is the time. direction. testify before our environmental com- With each passing day, we get more The American Recovery and Rein- mittee, and they have told us the ET bad news: another round of layoffs, vestment Act will jump-start our econ- revolution will create not just those dropping consumer confidence, increas- omy in the near term by creating jobs, Ph.D. jobs and those graduate student ing debt. Last month, we learned the but it is also going to give the people of jobs, they will create jobs for working United States had lost 598,000 jobs in this country something to show for people, building those wind turbines, just 1 month—the month of January. their money. The legislation provides working on those solar panels, putting As the President pointed out, that is economic assistance aimed directly at in those lines for that electricity grid.

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.044 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2287 It is jobs across the demographic spec- I yield the floor. stimulus bill is this simple fact: The trum of this country. It is green-hel- The PRESIDING OFFICER. The Sen- bill we will be voting on spends $6 bil- met jobs, not just Ph.D. jobs. ator from South Dakota is recognized. lion on Federal buildings and only $3 Finally, I wish to highlight the $7 bil- Mr. THUNE. Mr. President, the mo- billion on small business tax relief. lion this plan contains for broadband ment of truth is almost here, the time Small businesses create most of the for Internet and for telecommuni- when we will all have to cast our votes. jobs in our economy—three-quarters to cations infrastructure. When President I submit this is a sad day for our coun- 80 percent of the jobs in this country. Roosevelt, back in 1935, looked at this try, for the American taxpayer, and it We ought to be figuring how can we get country, he knew there was a problem. is a sad day for future generations, who that economic engine going again so Only 12 percent of American farms had will be left paying for this trillion dol- small businesses are making those in- electricity. There we were in the mid- lar spending bill. vestments. As I said before, this bill dle of the Depression and only 12 per- The American people are hurting and contains $6 billion for Federal build- cent of American farms had electricity. they are demanding action. Unfortu- ings and only $3 billion for small busi- Now, what did he do? Did he put his nately, Congress has failed the Amer- ness tax relief—a small, minuscule head in the sand and say: Well, times ican people and lost an incredible op- amount. One-third of 1 percent of the are bad, we are not going to do any- portunity to empower small business final stimulus bill is going to small thing? No. He said: Let’s invest in some owners, fix our housing crisis, and turn business tax relief. jobs, and let’s invest in making things our economy around. So many things In terms of the way the bill breaks better for people so we can get this could have been done with this legisla- down, 27 percent of the entire almost economy moving again. You know tion that could have meaningfully led trillion dollar bill is in tax relief in what. Fifteen years later because of to job creation and economic stimulus. some form, or tax provisions. Many rural electrification, we had about 75 In the few short hours that the final would argue that it was meaningful tax percent of the farms with electricity. bill has been available, it is clear that relief. There are a lot of better ways to We went from 12 percent to 75 percent the Democratic leadership has turned a deliver tax relief. The rest is in the in 15 years. That is what Government deaf ear to the American taxpayer. area of spending. Forty-seven percent action will do when it is done right. The final spending bill still includes of that spending doesn’t occur in 2009 Focusing now on the present day, in spending on wasteful Government or 2010. Only 11.3 percent will be spent so many counties in my State we have projects that have outraged taxpayers in 2009, which means one thing—there Internet service, but it is either too across the country. The final bill in- is a lot of spending in the bill that can- slow or too expensive. This country has cludes: tax benefits for golf carts, elec- not be characterized as stimulus. In gone from fourth in the industrialized tric motorcycles, and ATVs; $300 mil- other words, it is spending that will go world for Internet service subscriber- lion for Federal employee company on and on for years to come. What is ship to 15th in just 8 years. How are we cars; $1 billion for ACORN-eligible remarkable about it—the late Presi- going to compete with countries such block grants; $50 million for arts en- dent Ronald Reagan once said that the as Japan and India if we are going dowment; $165 million for fish hatch- closest thing to immortality on this downhill, if we are nosediving when it eries; $1 billion for the census. planet is a Government program. comes to Internet service? This bill Instead of mouse habitats, electric There is a letter out from the CBO in puts over $7 billion in infrastructure golf carts, and fish barriers, Congress response to a question posed by a for Internet. In these tough economic should have focused on serious pro- House Member regarding some spend- times, broadband Internet deployment posals to address the housing crisis and ing in the bill: What would happen to creates jobs, not only direct creation of create jobs through small business tax the 20 most popular Government pro- jobs in the technology sector but also relief. grams that are funded in this bill if, in the creation of even more indirect em- There were a number of opportuni- fact, at the end of the 2 years the fund- ployment opportunities by increasing ties. I view this as the question of what ing doesn’t terminate? In other words, access to the Internet. I want these could have been. A number of amend- a lot of this spending will go on and on jobs to go to Thief River Falls, MN, or ments that were offered last week over time. What CBO found was the to Lanesboro, MN, instead of over to would have addressed this crisis with total cost of the bill, if those programs India and to Japan. I want them to be respect to housing and job creation and are expended—bear in mind that these in our country. getting the economy back on a path to are popular items on which it will be This recovery plan offers an eco- a recovery. Senators MCCAIN and MAR- difficult to turn off the spigot. If the nomic one-two punch, including tax TINEZ and other Republican Senators spending continues past that 2-year cuts that will promote more consumer offered an alternative proposal that window, the cost of this explodes to and business spending by providing re- would have cut wasteful Government $3.27 trillion. The interest alone is $744 lief to middle-class families, small spending and focused on targeted in- billion. So it will be $3.27 trillion for businesses, and seniors. Second, Fed- vestments and tax relief. much of the spending in this bill if it eral spending that will create jobs and This proposal was a well thought out continues beyond the 2-year window. strengthen the economy with invest- and fiscally responsible proposal. It in- As I said, according to CBO, only 47 ments in transportation, renewable en- cluded a commonsense provision that percent of the spending part of the bill ergy, and high-speed Internet. would have cut off new spending after gets spent in 2009 and 2010. There are so The American people are tired of the two consecutive quarters of economic many better ways this could have been lies and legends of the last 8 years. growth greater than 2 percent of infla- done. We offered amendments last The PRESIDING OFFICER. The Sen- tion-adjusted GDP. week. I mentioned the McCain amend- ator’s time has expired. The alternative plan would have in- ment. I offered an alternative focused Ms. KLOBUCHAR. Mr. President, I vested about $45 billion in transpor- on tax relief for middle-income fami- ask unanimous consent for 30 more sec- tation infrastructure, $17 billion in de- lies and small businesses, which, ac- onds. fense facilities and resetting our com- cording to the methodology developed The PRESIDING OFFICER. Without bat forces. This targeted spending by the President’s own economist, objection, it is so ordered. would have rehabilitated our military Christina Romer, would have created Ms. KLOBUCHAR. Mr. President, facilities and equipment while creating twice as many jobs at half the cost—6.2 they want action. They want the truth. jobs over the next 9 months—impor- million jobs—and the cost of this We literally can’t afford to wait any tant tax relief that would have put amendment voted down last week was longer to pass something. money back into the hands of average about $440 billion or, in rough terms, As President Obama recently said, middle-income families in this country half of what we are looking at in the the time for talk is over. The time for and incentives for small businesses to bill we are voting on today. action is now. If we don’t act, a bad sit- create jobs, hire employees, and pur- The last amendment I offered last uation will become dramatically worse. chase equipment. week, toward the end of the debate, This is our time. This is our oppor- What is unbelievable and, in my would have taken the total amount. I tunity. Let’s get this passed today. view, a major flaw in the Democratic don’t agree that we ought to spend this

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.045 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2288 CONGRESSIONAL RECORD — SENATE February 13, 2009 amount of money. I think it is stealing done a spending bill. It is the least bi- afford. It will not be stimulative. It from future generations. If we are partisan ever. Not a single Republican will a be highly speculative Govern- going to do it, the question is, should in the House voted for this bill; nine ment bubble that we are creating. Washington spend it or should the Democrats voted against it. At the end of the day, the last and American people? I took the total Unfortunately, in conference, the bad biggest number in this whole bill is a amount and divided it by every tax parts of the bill got bigger and the number of $12 trillion. That is in the filer in the country—182 million people good parts got smaller. We are left bill and that is what we are growing, who file a tax return in this country— with a spending bill of gigantic propor- what we are setting the debt limit of and we could have given a rebate of tions and a stimulus package that is the country at in this bill. We are rais- $5,403 to a single filer and to a couple small, by any measure. ing it to $12 trillion. That is in the bill. filing jointly, $10,486—if we take the I will point out a few historical num- The reason we are raising that debt total amount of the bill and divide it bers. We have had stimulus packages in limit to $12 trillion—you guessed it—it among the taxpayers in this country. I the past, and we have needed them. We is headed that way. We are getting would be willing to bet that the Amer- need one now. We have never, in the closer with this bill. ican people would much rather have history of the Republic, had a stimulus We have come to a very big specula- that check than have money going to package over the size of 11⁄2 percent of tive bubble on housing and consumer Washington, DC, to spend on these new GDP. That is the biggest we have ever credit and a number of other things as programs, many of which will create done in the history of the Republic. well. This speculative bubble led to a obligations and liabilities for genera- This stimulus spending bill is 5.5 per- lot of housing being built, cars being tions to come. cent of the GDP of the entire country. purchased, and all was fine. But then I think we have missed a golden op- It is huge—more than three times larg- the bubble burst. Now we are trying to portunity here. I think we have created er than any we have ever done. substitute that with a Government a whole new realm of spending that To give perspective, we did a stim- speculative bubble. We are going to will go on for some time into the fu- ulus package in 2008 in the amount of spend all this Government money and ture. It is not fair to our children and $152 billion. This is $800 billion. In 2001, in a speculative, highly leveraged na- grandchildren. The Federal Govern- it was $38 billion. That seems small by ture, because 100 percent of this is bor- ment needs to learn to live within its today’s standards. This one is 51⁄2 per- rowed. That is somehow going to stim- means. I can tell you as somebody who cent of GDP. If you look at the actual ulate the economy. It is going to leave comes from the prairies, when the prai- tax cuts, there are things in the tax that big, massive hole in it. rie pioneers settled South Dakota and cuts I think are good. There are other I am deeply concerned about what places such as that, they understood a things in spending I think are good, this is going to do both in the present basic principle or ethic, which was that but they should not be in a stimulus and in the near-term future. I hope we they were going to have to sacrifice so bill. They should go through the reg- can do better. There is a great possi- their children and grandchildren and ular order in a spending package. bility that we can do better. I think we future generations could have a better We will have the omnibus spending should. life. bill after the break. That will be hun- I yield the floor. What we have done with this bill is dreds of billions of dollars, and people The PRESIDING OFFICER. The ma- turn that very ethic entirely on its can measure that. But the tax cut jority leader is recognized. head. What we are asking future gen- piece of this bill that is probably going f erations to do is sacrifice by handing to be stimulative—and I would support AMERICAN RECOVERY AND REIN- them a trillion dollar debt so that we as being stimulative—is a total of $76 VESTMENT ACT OF 2009—CON- here and now can have a better life, billion, which is 9.6 percent of the bill. FERENCE REPORT and we cannot live up to the obliga- Many of the tax cuts in the bill are ac- tions we have to pay our bills on time. tually spending through the Tax Code Mr. REID. Mr. President, I ask unan- It is a sad day; it is unfortunate. This or an AMT fix that will not be stimula- imous consent that the Senate now could have been much different. There tive, which most people regarded as proceed to the conference report to ac- could have been more input from our that will be fixed and they are not company H.R. 1, the American Recov- side. It is a bill heavy on spending, not going to alter economic activity based ery and Reinvestment Act, with the only temporary but spending that will on that. You are left with $76 billion in time until 5:30 for debate, with the continue to go on for some time into tax cuts that would be stimulative. As time divided as follows: the majority the future and create obligations down I said, there are things in there I like. controlling 30 minutes and the remain- the road. If this is correct and the CBO I congratulate the majority on some of ing time under the control of the Re- response in this letter is accurate, if those tax cuts that are in it—the issue publican leader or his designee; that a these programs continue to be funded on first-time home buyers. We have budget point of order be in order and if and don’t terminate at the end of the 2- done that in Washington, DC. It was raised against the conference report, year period, there will be $3.27 trillion helpful in stimulating the housing then a motion to waive the applicable in liabilities that we are creating today market here. I think it will stimulate point of order be considered made; that by voting for this legislation. It is not the market across the country. Wind at 5:30 p.m. the Senate then vote on the fair to our children and grandchildren energy is in here that will help our motion to waive the point of order; fur- and to the future generations who will Plains States—the Senator from South ther, that the vote on the waiver of the bear the cost of the fact that we cannot Dakota, myself, and many others. This point of order count as a vote on adop- live within our means and cannot come will help in wind energy, a key growth tion of the conference report, with a 60- up with a way to fund an economic re- area for us. I am supportive of that. I vote threshold; that no further points covery plan that creates jobs and helps think that is important. We got a piece of order be in order during the pend- stimulate the economy and gets this in here about deductibility of State ency of the conference report; and that recovery underway in a fashion that is taxes on purchases of new automobiles upon adoption of the conference report, fiscally responsible. in 2009. That will have a stimulative ef- the motion to reconsider be laid on the I regret that I will be voting no on fect. I think it will be small. There is table, with no further intervening ac- this bill. I urge my colleagues in the bonus depreciation for a big industry in tion. Senate to do the same. my State, aircraft, that will have a The PRESIDING OFFICER. Is there I yield the remainder of my time. stimulative effect. It will be positive. objection? The PRESIDING OFFICER. The Sen- All of those I support and I applaud the Without objection, it is so ordered. ator from Kansas is recognized. majority side for that. The PRESIDING OFFICER. The ma- Mr. BROWNBACK. Mr. President, The sum total of those altogether is jority leader. this is the largest spending bill ever to less than 10 percent of the whole pack- Mr. REID. Mr. President, I wish to be voted on. It will probably be passed age. Instead, we are left with this gar- publicly express my appreciation for by this body. It has been done in the gantuan spending bill that is 51⁄2 per- the thoughtful time certainty on this most rushed fashion that we have ever cent of the economy, which we cannot by the Republicans. As they know, we

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.050 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2289 have a couple issues on our side, one is provision. There is nothing in this bill House was to try to create as many a death and one is the health of one of that is going to slow down spending. jobs as possible by stimulating the our Members. They have been very The compromise that has been economy through a combination of tax thoughtful and understanding of our reached—$440 billion was the Repub- cuts and spending that would create situation. For that I will always be lican alternative—we are going to set- jobs in the near term and, yes, help grateful. tle on a bill of about $787 billion-plus people who have lost a job. We have The PRESIDING OFFICER. The Re- that received no Republican votes in failed miserably in that endeavor, in publican leader. the House. I think they lost seven or my opinion. We have run up the cost of Mr. MCCONNELL. Mr. President, I eight Democrats in the House. Appar- this bill, and every dollar that is wast- would like to propound a unanimous ently, they are going to pick up three ed in the stimulus package that does consent request for speakers on our Republicans in the Senate. not create a job is one less dollar to side. I would argue that if the shoe were jump-start housing and banking. I ask unanimous consent that the fol- on the other foot, if Republicans were To my colleagues, you all know this lowing Republican speakers be recog- in charge and we lost more Republicans one fact. We will never get out of this nized for up to 7 minutes each: than we picked up Democrats, that economic mess until we deal with the CHAMBLISS, GRAHAM, ENSIGN, ALEX- would be a lead story. So the idea that banking problem and the housing prob- ANDER, SHELBY, HATCH, MCCAIN, SES- this is bipartisan does not meet any re- lem. We have wasted a lot of money in SIONS, and that Senator COBURN be rec- alistic test of bipartisanship, and that this bill that could have gone to bank- ognized for up to 30 minutes. is a loss. Mr. President, $1.1 trillion ing and housing. There will be a re- Mr. ENSIGN. Reserving the right to unfocused over 10 years, in terms of job quest in the future, mark my words. object, is it in that order—— creation, is a huge loss to the next gen- The TARP funds left to deal with bank- Mr. MCCONNELL. No. eration of Americans who are going to ing and housing of $315 billion are not Mr. ENSIGN: Or is it just total time? pay this bill. nearly enough to deal with the toxic The PRESIDING OFFICER. Without We had a chance to start over early assets that cripple the ability to lend, objection, it is so ordered. on in this administration. The attitude not nearly enough, in my opinion, to The clerk will report the conference that started this process in the House, deal with the foreclosures that are report. ‘‘We won, we write the bill,’’ never coming in waves in this country. The bill clerk read as follows: changed. It came to the Senate. We The stimulus package is important, The committee of conference on the dis- spent 1 hour 40 minutes marking up but it was, in my opinion, the least-ef- agreeing votes of the two Houses on the this bill. We have had a handful of Re- fective measure to jump-start the amendment of the Senate to the bill (H.R. 1) publican amendments accepted. I am economy. We put all the money in the making supplemental appropriations for job not saying our version is the right way thing that works the least, and we de- preservation and creation, infrastructure in- completely. I am saying the difference vestment, energy efficiency and science, as- signed it in a fashion where it will sistance to the unemployed, and State and between $440 billion and $787 billion work hardly at all. This is a blown op- local fiscal stabilization, for the fiscal year and $819 billion, the House version, is portunity to come together in a bipar- ending September 30, 2009, and for other pur- not $787 billion. tisan fashion to deal with banking and poses, having met, after full and free con- There has never been a real effort to housing. We put all our resources up- ference, have agreed to recommend and do try to find common ground. The per- front in a stimulus package that has recommend to their respective Houses this centage of this bill that is tax cuts is 27 very little to do with creating jobs and report, signed by a majority of the conferees. percent of $787 billion; 27 percent of the a lot to do with growing Government. The PRESIDING OFFICER. The Sen- amount is for tax relief. A $400 rebate The PRESIDING OFFICER. The Sen- ate will proceed to the consideration of check is a great part of the tax provi- ator has used 6 minutes. the conference report. sion. Last year, we gave people $500 tax Mr. GRAHAM. Mr. President, we (The conference report is printed in rebates. That did not stimulate the have created more Government, new the House proceedings at pages H1307 economy. The $400 will not. Government than we created jobs. We through H1516 of the RECORD of Feb- What stimulates the economy is cut- lost the spirit of bipartisanship we ruary 12, 2009.) ting taxes for consumers as well as were yearning for. It is going to be The PRESIDING OFFICER. Who business. As Senator THUNE from hard for us to come back to the Amer- yields time on the conference report? South Dakota said about 75 percent of ican people after this monstrosity of a The Senator from South Carolina. the jobs in America are created by bill is understood in the next couple Mr. GRAHAM. Mr. President, I ask small business. If your goal is to stimu- weeks and ask for more money in hous- that I be recognized for 7 minutes and late the economy and create new jobs, ing and banking. be informed when I have used 6 min- one test of this bill would be how much I am disappointed in the process. I utes. did you do for small business. am disappointed in the final substance The PRESIDING OFFICER. The Sen- Less than $3 billion in the entire of the bill. We spent $1 trillion in about ator is recognized. package is directed to small business. I 2 weeks, with very little discussion. Mr. GRAHAM. Mr. President, this de- would argue that if 75 percent of the Finally, America wants this Congress bate is coming to an end, and it never jobs come from the small business sec- and this new administration to be really started. We are bringing a con- tor and only $3 billion of the money is smart and work together. We are not clusion to a process that will spend $1.1 allocated for small business relief, we being smart, and we sure as heck trillion over the next 10 years, and missed this thing by a country mile. haven’t worked together. there has never been a thoughtful dis- This bill started out of the House as I yield the floor. cussion between the parties to figure a ‘‘We won, we write the bill’’ spending The PRESIDING OFFICER. The Sen- out how we can get there from here. package that never had a focus on job ator from Nevada. The Republican alternative was $440 creation. There are so many things in Mr. ENSIGN. Mr. President, I claim billion, I believe. It had tax cuts. It had this bill unrelated to creating a job in the 7 minutes that is part of the unani- spending on unemployment benefits ex- the next 18 months that it is, in my mous consent agreement. tension, food stamp extension. It had a opinion, a failure as a stimulus pack- The PRESIDING OFFICER. The Sen- $35 billion, $45 billion amount of spend- age. ator is recognized. ing for infrastructure, shovel-ready Of the $580 billion of this bill that is Mr. ENSIGN. Mr. President, the jobs. It was an alternative that also appropriated—about 53 percent of it is scope of this legislation is enormous had a trigger that said that once the appropriated—only 11 percent of that and endangers our country’s future economy got back on its feet and we money hits the economy in the first economic health. had two quarters of positive GDP year. Fifty-three percent of the appro- Currently, the U.S. debt burden is growth, any unspent funds would be priated funds are not spent until after huge, but it is going to rise to 54 per- frozen, and we would look at trying to 2 years from now. cent of the economy in just the next 2 get back to a balanced budget situa- So the goal I had working with our years. That is before we take into ac- tion. In other words, it had a slowdown Democratic colleagues and the White count this omnibus spending bill that

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.053 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2290 CONGRESSIONAL RECORD — SENATE February 13, 2009 is still to come before the Congress, an- We did not even receive this 1,100- we had sat down in a bipartisan fash- other round of TARP, and approxi- page bill until 11 p.m. last night. ion—not as Republicans, not as Demo- mately $1 trillion that we have in the Thanks to all my staff, and the Repub- crats, but as Americans. I hope we bill before us today. When we add the lican Policy Committee staff. They learn from the way this bill was done Children’s Health Insurance Program spent most of the night and today that it is not the way we need to fix that was passed, TARP, a supple- going through this bill. There is no some of the major problems the coun- mental, the omnibus bill, we will add way everybody is going to know every- try will face in the future. I hope we an additional $2 trillion to our national thing that is in this bill because of the can actually sit down in a bipartisan debt. That means higher taxes for our difficulty of trying to go through an fashion. children, our grandchildren, and actu- 1,100-page bill in less than 24 hours. Mr. President, I yield the floor. ally just in a few years for almost all We need to look at history. Japan, in The PRESIDING OFFICER. The Sen- Americans. the 1990s, gave us valuable lessons ator from Tennessee. We have been borrowing against fu- about not what to do. They spent $6.3 Mr. ALEXANDER. Mr. President, ture generations. Keep in mind that we trillion. Unfortunately, they spent it may I be informed when 6 minutes of have a $60 trillion debt out there in So- building a lot of bridges to nowhere, my 7 minutes has expired? cial Security, Medicare, Medicaid, and roads to nowhere. The PRESIDING OFFICER. The other entitlement programs. That We heard we need a lot of infrastruc- Chair will notify the Senator. money has to be paid someday. ture spending in this country. If this Mr. ALEXANDER. I thank the Chair. Mr. President, here is what we know We have to ask ourselves: What will bill had only answered that call. This of the so-called stimulus bill. the credit markets around the world bill has very little to do with infra- This bill will give American workers think? What will they think about the structure. Only a small percentage of $8 a week in their paychecks in ex- idea of the United States being actu- this bill actually deals with infrastruc- change for passing along a $1 trillion ally solvent? The previous administra- ture. That is unfortunate. Japan also debt to our grandchildren. The entire tion, as we heard from the other side, failed to address the underlying prob- New Deal, in today’s dollars, cost only spent money like crazy. I am not going lems in their banking system. Japan to defend them. I was one of the people half of what this bill costs. created zombie banks. These are banks We know that if we were to spend $1 fighting against a lot of that spending. that should have failed but were not al- The spending that is before us today million a day, every day since Jesus lowed to. Japan also suffered from a is unprecedented. Unfortunately, in the Christ was born, we would still spend bad course of monetary policy. While so-called stimulus bill, only about 25 less money than the cost of this bill. the parallels may not be exactly the percent of the bill is in true tax relief. We know that if you were to add the same between Japan and the U.S., we A lot of it is disguised as tax relief, but cost of this bill to the national debt may be headed in the same direction. it is just spending. Not all tax relief is that we already have, it would cost That is why a lot of us are afraid that equal when it comes to stimulating the each American household more than this stimulus bill before us today is ac- economy. Unfortunately, some of the $100,000 to pay off our country’s debt. tually not going to cure our economic tax relief in this bill that was actually We know that in the bill there is $50 good was stripped out of the bill. woes. million that could be used to save red- Today, as a percentage of GDP, Gov- The housing industry is what brought bellied harvest mice in the San Fran- ernment spending last year was around this whole economy down. We under- cisco area, something that Speaker 21 percent. This year, it is going to be stand that. The American people in my PELOSI has supported. close to 30 percent. The historical aver- State of Nevada know it was the hous- We know that in the bill there is $8 age over the last 40 years is around 20.6 ing crisis that brought the economy billion for a levitating train from percent. If we continue to add and add, down. So if we don’t fix housing, how Disneyland to Las Vegas that the ma- in not too many years, it is heading to- are we going to fix the economy? The jority leader is very interested in. ward 40 percent. This amounts to the underlying problem with the patient We also know that people are hurt- Europeanization of the United States. here is the housing problem. ing. That we need to do something to Why is this? The government takes up I had an amendment that actually help the economy. And that something a large percentage of the budgets of would have gone a long way toward fix- includes a real stimulus bill. But we Europe’s economies. These are more so- ing housing. My amendment had three know this is not the right approach. cialist-type economies, and that is the components. The first was that Ameri- Mostly, this is spending, not stim- percentage of their gross domestic cans would have been able to get a ulus. Most of the spending in the bill product they spend on government. much lower interest rate—somewhere does not come soon enough to help cre- Let’s consider the cost of this bill. If between 4 to 4.5 percent. About 40 mil- ate jobs quickly. Most of the tax cuts we count everything that is going to lion American households would have in the bill—such as the $8 per week for expire in the stimulus and say it is not qualified for it. It would have given the working families—are welcome but not going to expire over the next 10 years, average American household about $450 stimulative. the true cost of this bill is somewhere per month more for their budget. This We know this is a lot of money. An around $3 trillion. We have to ask our- was permanent, though, it wasn’t just example of how much money is that it selves: When was the last time a Fed- a one-time check. This was a 30-year took us until about 1980, from the be- eral program was cut or was discon- fixed interest rate. That actually ginning of our Republic, to accumulate tinued? That does not happen around would have helped stimulate the econ- a debt that equals the amount of this here. Once we put something in place, omy. bill. Or to look at it another way: The it seems to be in place forever. The second part of the amendment entire annual Federal budget in the The assumptions in the bill that the was that we took a provision from Sen- early 1980s was about the amount we spending put in place is actually going ator ISAKSON. are spending in this bill. to go away in 2 years seems a little ri- Mr. President, I ask unanimous con- We know this is not temporary. Even diculous to me. That is why we actu- sent for 1 additional minute. though stimulus bills, as defined by ally should be honest about the true The PRESIDING OFFICER. Without Speaker PELOSI, are to be timely, tem- cost of this bill. objection, it is so ordered. porary, and targeted, this is not. We According to CBO, all the stimulus Mr. ENSIGN. The second part of the know that because of the mandatory spending will do little to help our long- amendment would have given a $15,000 spending it adds to the long-term budg- term economic growth. It will help tax credit to buy homes. That would et. We know that because the Senate some in the short term but not in the have helped to stimulate the housing rejected Senator MCCAIN’s amendment long term. We have to think about not market. Unfortunately, in this bill, which said that after two consecutive just short term. Too many companies that was dramatically cut down. And quarters of economic growth above 2 in America were thinking short term. the third part was to help those houses percent, the new spending would stop. We have to think long term as well for underwater. So this bill is not temporary. our, once again, children and grand- This spending bill that is before us We know we are bailing out States children. could have been made so much better if with much more money than they

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.054 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2291 need. In my State of Tennessee, it had We are preempting that discussion bolstering the incomes of all Ameri- a $900 million dollar shortfall. That is a without very much debate. cans. lot of money for our State. But our leg- I know what bipartisanship is. I have Finally, I fear that the supporters of islature and Governor are handling participated in it. When I was Governor this bill have been resting far too heav- that, with some pain. Yet we are giving of Tennessee, I worked with a Demo- ily on their Keynesian ideological Tennessee almost $4 billion, as if we cratic legislature. We became the first crutch rather than devising good policy had the money to spend. State to pay teachers more for teach- here. We know we are not seriously think- ing well. I said what I thought we We are told that Professor Keynes ing about how much spending is too ought to do and the Democratic speak- said that government spending was the much spending in Washington, and how er said what he thought we ought to key to restoring long-term economic much debt is too much debt. We know do. We sat down together. growth. We need to remember that that we establish policies in this bill— The PRESIDING OFFICER. The Sen- Professor Keynes’ views evolved a huge policies in education, energy, and ator has spoken for 6 minutes. great deal over time. He was contin- health—in 2 weeks, without careful Mr. ALEXANDER. I thank the Chair. ually changing his opinions when con- consideration that deserve enormous We took some of Speaker fronted with new facts and cir- consideration. McWherter’s ideas and some of my cumstances. His famed ‘‘general the- I used to be Secretary of the U.S. De- ideas. We came to a conclusion and we ory’’ of employment, interest, and partment of Education. Its budget together announced the result. money was borne of his concern that today is about $68 billion. We are add- President Bush and the Congress did the old policy prescriptions were not ing $40 billion a year to that Depart- the same thing with No Child Left Be- working. Because his thinking was always ment for the next 2 years. Does that hind when President Bush working changing, Keynes was often criticized mean we are completely satisfied with with Senator KENNEDY and Representa- for being inconsistent. He famously re- tive MILLER. Senator BINGAMAN and what is happening in kindergarten plied: through the 12th grade? If we are to Senator Domenici gave us a good ex- When the facts change, I change my mind. add $40 billion a year, should we not be ample with the energy bill. Seventy of What do you do? us cosponsored the America Competes asking what can we do differently to I believe we need a solution that fits Act. And the Gang of 14 helped keep reward outstanding teachers, to add the facts and circumstances of our charter schools, to offer parents more the Senate functioning and produced times, just as Keynes sought to provide choices for afterschool programs for good Supreme Court nominees. a solution to address those of the their children? Surely, we can have a I am disappointed that we have not United Kingdom at one time. debate about education, or energy, or risen to the occasion. This bill should Our solution, I believe, needs to focus health care if we are going to spend have been easy to do in a bipartisan on restoring our banking system. Un- that much new money. way. I hope that this is not a symbol of less our banking system is nurtured We know there has been a lack of bi- what is to come with more difficult back to health, our economy will re- partisanship. The refrain seems to be: pieces of legislation, like health care, main crippled, and much of what is in We won the election; we’ll write the climate change, and entitlements. this stimulus bill, I believe, will have bill. That was not the tone of the elec- I thank the Chair, and I yield the been wasted. tion. That was not what we looked for- floor. It is worth remembering that the ward to on the Republican side of the The PRESIDING OFFICER. The Sen- first thing Franklin Roosevelt did upon aisle. ator from Alabama. becoming President of the United We know what we should have done Mr. SHELBY. Mr. President, during States was address the Nation’s bank- instead. We know we shouldn’t have the last 18 months, our economy has ing crisis, long before he embarked on spent the whole piggy bank on a spend- been crippled by an unprecedented fi- the New Deal spending programs. An- ing bill that doesn’t include much nancial crisis. What began simply as other example I believe we should keep stimulus. We know that we should have rising defaults on subprime mortgages in mind is the experience of Japan dur- reserved as many of those scarce dol- has rapidly evolved into the greatest ing their so-called lost decade. You will lars as we could to focus on fixing economic storm since the Great De- recall that during the 1990s, the Japa- housing first and making sure that we pression. nese experienced a banking crisis as don’t underestimate the difficulty we Shackled by mounting losses on well. Rather than deal with their zom- have in getting toxic assets out of the mortgage-backed securities and falling bie banks, Japanese policymakers en- financial institutions in this country home prices, our banking system has acted numerous stimulus bills. And de- so they can start lending again and on retracted from normal lending. Starved spite those spending sprees, the Japa- Main Street we can start doing busi- of financing, our economy is rapidly nese economy continued to stagnate as ness again. We know those are the deteriorating, while millions of Ameri- they increased Japan’s debt-to-GDP things we should have done instead. cans face unemployment. ratio from 60 percent to a staggering This bill doesn’t pass muster with Unfortunately, we have watched two 180 percent today. truth in labeling. It claims not to have succeeding administrations—the Bush Mr. President, I ask unanimous con- earmarks, although that levitating administration and now, I fear, the sent to have printed in the RECORD a train from Las Vegas to Disneyland Obama administration—propose plans list of economists, including several looks a lot like an earmark. to revitalize our economy that have Nobel Prize winners. We know that the two provisions in failed to live up to expectations. The PRESIDING OFFICER. Without the bill that seemed to do the most to We are now told that the solution to objection, it is so ordered. help were cut by the conference report the current crisis lies in this stimulus There being no objection, the mate- in substantial ways. I am speaking of bill before the Senate. Proponents rial was ordered to be printed in the ECORD Senator ISAKSON’s $15,000 tax credit for claim that this bill will jump-start the R , as follows: home buyers who would buy homes in economy and reinvigorate private com- Burton Abrams, Univ. of Delaware; Doug- the next year, which was gutted. And mercial activity. I disagree. las Adie, Ohio University; Ryan Amacher, Univ. of Texas at Arlington; J.J. Arias, Geor- Senator MIKULSKI’s and Senator This bill has been poorly conceived gia College & State University; Howard BROWNBACK’s effort to give encourage- and hastily crafted. First, the imme- Baetjer, Jr., Towson University; Stacie ment to automobile and truck buyers diate impact of this bill is far too Beck, Univ. of Delaware; Don Bellante, Univ. all over America to revive the auto- small. According to the Congressional of South Florida; James Bennett, George mobile industry. Budget Office, only 12 percent of the Mason University; Bruce Benson, Florida We know that if we are to add $87 bil- discretionary spending in this bill State University; Sanjai Bhagat, Univ. of lion over 2 years to Medicaid for the takes place in the year 2009. Secondly, Colorado at Boulder; Mark Bils, Univ. of Rochester; Alberto Bisin, New York Univer- States that we may be making the pro- this bill is not targeted to maximize its sity; Walter Block, Loyola University New gram so rich that we will never be able impact. It simply funds, I believe, a Orleans; Cecil Bohanon, Ball State Univer- to decide what to do about it when we wish list of government programs rath- sity; Michele Boldrin, Washington Univer- have our national health care debate. er than focusing on creating jobs and sity in St. Louis; Donald Booth, Chapman

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.055 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2292 CONGRESSIONAL RECORD — SENATE February 13, 2009 University; Michael Bordo, Rutgers Univer- Metropolitan State College of Denver; las O. Walker, Regent University; Chris- sity; Samuel Bostaph, Univ. of Dallas; Scott Deepak Lal, UCLA; George Langelett, South topher Westley, Jacksonville State Univer- Bradford, Brigham Young University; Gene- Dakota State University; James Larriviere, sity; Lawrence White, Univ. of Missouri at vieve Briand, Eastern Washington Univer- Spring Hill College; Robert Lawson, Auburn St. Louis; Walter Williams, George Mason sity. University; John Levendis, Loyola Univer- University; Doug Wills, Univ. of Washington George Brower, Moravian College; James sity New Orleans; David Levine, Washington Tacoma; Dennis Wilson, Western Kentucky Buchanan, Nobel laureate; Richard University in St. Louis; Peter Lewin, Univ. University; Gary Wolfram, Hillsdale College; Burdekin, Claremont McKenna College; of Texas at Dallas; Dean Lillard, Cornell Huizhong Zhou, Western Michigan Univer- Henry Butler, Northwestern University; Wil- University; Zheng Liu, Emory University; sity. liam Butos, Trinity College; Peter Calcagno, Alan Lockard, Binghampton University; Ed- Mr. SHELBY. Mr. President, all College of Charleston; Bryan Caplan, George ward Lopez, San Jose State University; John Mason University; Art Carden, Rhodes Col- Lunn, Hope College; Glenn MacDonald, these economists agree that govern- lege; James Cardon, Brigham Young Univer- Washington University in St. Louis; Michael ment spending is not the way to im- sity; Dustin Chambers, Salisbury University; Marlow, California Polytechnic State Uni- prove economic performance. Emily Chamlee-Wright, Beloit College; V.V. versity. Over the past year, I have repeatedly Chari, Univ. of Minnesota; Barry Chiswick, Deryl Martin, Tennessee Tech University; called for an extensive examination of Univ. of Illinois at Chicago; Lawrence Cima, Dale Matcheck, Northwood University; the origins of this economic crisis and John Carroll University; J.R. Clark, Univ. of Deirdre McCloskey, Univ. of Illinois, Chi- of the potential solutions. So far, the Tennessee at Chattanooga; Gian Luca cago; John McDermott, Univ. of South Caro- Clementi, New York University; R. Morris lina; Joseph McGarrity, Univ. of Central Ar- majority has refused. In the absence of Coats, Nicholls State University; John Coch- kansas; Roger Meiners, Univ. of Texas at Ar- any analysis or detailed information, ran, Metropolitan State College; John lington; Allan Meltzer, Carnegie Mellon Uni- they have chosen time and again to Cochrane, Univ. of Chicago; John Cogan, versity; John Merrifield, Univ. of Texas at solve the crisis by throwing money at Hoover Institution, Stanford University. San Antonio; James Miller III, George Mason it. I believe this is laying the ground- John Coleman, Duke University; Boyd Col- University; Jeffrey Miron, Harvard Univer- work for a much greater economic ca- lier, Tarleton State University; Robert sity; Thomas Moeller, Texas Christian Uni- tastrophe. Collinge, Univ. of Texas at San Antonio; Lee versity; John Moorhouse, Wake Forest Uni- It took until 1982 for our publicly Coppock, Univ. of Virginia; Mario Crucini, versity; Andrea Moro, Vanderbilt University; Vanderbilt University; Christopher Culp, Andrew Morriss, Univ. of Illinois at Urbana- held debt to cross the $1 trillion mark. Univ. of Chicago; Kirby Cundiff, North- Champaign; Michael Munger, Duke Univer- In the 27 short years since, we have eastern State University; Antony Davies, sity; Kevin Murphy, Univ. of Southern Cali- amassed a debt 10 times that amount. Duquesne University; John Dawson, Appa- fornia; Richard Muth, Emory University; Now we are about to vote on a measure lachian State University; Clarence Deitsch, Charles Nelson, Univ. of Washington; Seth that will, in a single year, add to the Ball State University; Arthur Diamond, Jr., Norton, Wheaton College; Lee Ohanian, national debt what it took nearly 200 Univ. of Nebraska at Omaha; John Dobra, Univ. of California, Los Angeles. years to accumulate. Lydia Ortega, San Jose State University; Univ. of Nevada, Reno; James Dorn, Towson I fear this is a day we will come to University; Christopher Douglas, Univ. of Evan Osborne, Wright State University; Ran- Michigan, Flint; Floyd Duncan, Virginia dall Parker, East Carolina University; Don- regret, not only because I believe the Military Institute; Francis Egan, Trinity ald Parsons, George Washington University; stimulus bill will not work but because College; John Egger, Towson University; Sam Peltzman, Univ. of Chicago; Mark it will mark the day when our genera- Kenneth Elzinga, Univ. of Virginia; Paul Perry, Univ. of Michigan, Flint; Christopher tion decided we were not capable of en- Evans, Ohio State University; Eugene Fama, Phelan, Univ. of Minnesota; Gordon Phillips, during the consequences of our own ac- Univ. of Chicago. Univ. of Maryland; Michael Pippenger, Univ. tions, and therefore future generations W. Ken Farr, Georgia College & State Uni- of Alaska, Fairbanks; Tomasz Piskorski, Co- must shoulder the burden we could not versity; Hartmut Fischer, Univ. of San Fran- lumbia University; Brennan Platt, Brigham cisco; Fred Foldvary, Santa Clara Univer- Young University; Joseph Pomykala, Tow- find the courage to bear ourselves. sity; Murray Frank, Univ. of Minnesota; son University; William Poole, Univ. of Dela- I yield the floor. Peter Frank, Wingate University; Timothy ware; Barry Poulson, Univ. of Colorado at I suggest the absence of a quorum. Fuerst, Bowling Green State University; B. Boulder; Benjamin Powell, Suffolk Univer- The PRESIDING OFFICER. The Delworth Gardner, Brigham Young Univer- sity; Edward Prescott, Nobel laureate; Gary clerk will call the roll. sity; John Garen, Univ. of Kentucky; Rick Quinlivan, Saint Vincent College; Reza The bill clerk proceeded to call the Geddes, Cornell University; Aaron Gellman, Ramazani, Saint Michael’s College; Adriano roll. Northwestern University; William Gerdes, Rampini, Duke University; Eric Rasmusen, Mr. SCHUMER. Mr. President, I ask Clarke College; Michael Gibbs, Univ. of Chi- Indiana University. unanimous consent that the order for cago; Stephan Gohmann, Univ. of Louisville; Mario Rizzo, New York University; Rich- the quorum call be rescinded. Rodolfo Gonzalez, San Jose State University; ard Roll, Univ. of California, Los Angeles; The PRESIDING OFFICER. Without Richard Gordon, Penn State University; Robert Rossana, Wayne State University; Peter Gordon, Univ. of Southern California; James Roumasset, Univ. of Hawaii at Manoa; objection, it is so ordered. Ernie Goss, Creighton University; Paul Greg- John Rowe, Univ. of South Florida; Charles Mr. SCHUMER. Mr. President, I rise ory, Univ. of Houston; Earl Grinols, Baylor Rowley, George Mason University; Juan this afternoon to talk about the eco- University; Daniel Gropper, Auburn Univer- Rubio-Ramirez, Duke University; Roy nomic recovery package, a package sity. Ruffin, Univ. of Houston; Kevin Salyer, Univ. that will create jobs, put money in the R.W. Hafer, Southern Illinois University, of California, Davis; Pavel Savor, Univ. of pockets of the middle class, and Edwardsville; Arthur Hall, Univ. of Kansas; Pennsylvania; Ronald Schmidt, Univ. of strengthen our investment—three ex- Steve Hanke, Johns Hopkins; Stephen Rochester; Carlos Seiglie, Rutgers Univer- tremely worthy and necessary goals. It Happel, Arizona State University; Frank sity; William Shughart II, Univ. of Mis- Hefner, College of Charleston; Ronald sissippi; Charles Skipton, Univ. of Tampa; is a package that will turn our econ- Heiner, George Mason University; David James Smith, Western Carolina University; omy around—and Lord knows we need Henderson, Hoover Institution, Stanford Vernon Smith, Nobel laureate; Lawrence it. University; Robert Herren, North Dakota Southwick, Jr., Univ. at Buffalo; Dean Let me say, I have heard much talk State University; Gailen Hite, Columbia Uni- Stansel, Florida Gulf Coast University; from the other side claiming they are versity; Steven Horwitz, St. Lawrence Uni- Houston Stokes, Univ. of Illinois at Chicago; against this package because it in- versity; John Howe, Univ. of Missouri, Co- Brian Strow, Western Kentucky University; creases the budget deficit and the na- lumbia; Jeffrey Hummel, San Jose State Shirley Svorny, California State University, tional debt too much. For instance, I University; Bruce Hutchinson, Univ. of Ten- Northridge. heard my good friend from Arizona this nessee at Chattanooga; Brian Jacobsen, Wis- John Tatom, Indiana State University; consin Lutheran College; Jason Johnston, Wade Thomas, State University of New York morning talking about generational Univ. of Pennsylvania; Boyan Jovanovic, at Oneonta; Henry Thompson, Auburn Uni- theft. There is one surprising thing: New York University; Jonathan Karpoff, versity; Alex Tokarev, The King’s College; When we talked about $1 trillion for Univ. of Washington; Barry Keating, Univ. of Edward Tower, Duke University; Leo Troy, the war in Iraq, all told, we never Notre Dame; Naveen Khanna, Michigan Rutgers University; David Tuerck, Suffolk heard about generational theft. When State University; Nicholas Kiefer, Cornell University; Charlotte Twight, Boise State President Bush talked about $2 trillion University. University; Kamal Upadhyaya, Univ. of New of tax cuts, mainly for the wealthy, did Daniel Klein, George Mason University; Haven; Charles Upton, Kent State Univer- Paul Koch, Univ. of Kansas; Narayana sity; T. Norman Van Cott, Ball State Univer- we ever hear the words ‘‘generational Kocherlakota, Univ. of Minnesota; Marek sity; Richard Vedder, Ohio University; Rich- theft’’? Did we ever hear we should not Kolar, Delta College; Roger Koppl, Fairleigh ard Wagner, George Mason University; Doug- do tax cuts for the wealthy or fund the Dickinson University; Kishore Kulkarni, las M. Walker, College of Charleston; Doug- war in Iraq because it was generational

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.006 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2293 theft? Because it would increase the top three-tenths of 1 percent as op- to help the middle class results in only deficit? No, we didn’t. I am not com- posed to putting money into the mid- getting three Republican votes. What menting on whether those two actions dle-class and working families? more do my colleagues want us to do? were worthy, but we certainly did not Mr. SCHUMER. I thank my friend Do they want a package just of tax hear any qualms from the other side. from Vermont, and, reclaiming my cuts only, no help for health care, no The GOP was a borrow-and-spend time, he is exactly right. Let’s look at help for education, no help for trans- party for each of the 8 years President it this way: Does anyone really believe portation? Do they want a package Bush was in office. They doubled the that if a Republican President had that is aimed and skewed at the national debt in 8 years and by some helped construct a stimulus package wealthiest among us who are those who estimates added $30 trillion to future with $800 billion of tax cuts, that we least need the help? We have let them liabilities over 8 years. Our friends on would hear talk about generational offer amendments. We have accepted a the other side of the aisle simply have debt and that we would hear talk about good number of those amendments. Yet no credibility when it comes to the not voting for the bill because it in- we have three votes. issues of deficits and debt because, creased the national debt? Obviously We want to be bipartisan, and we un- until 3 months ago, they didn’t give a not. derstand that each side mistrusts the hoot about it. Only now, when there Despite the claims to the contrary, other. But I say to my friends, we have are Government programs for edu- the issue that most—not all—Repub- reached out, we have accepted sugges- cation and health care and transpor- licans have with this package is not tions, we have put many tax cuts in tation, do we hear about Government that it is too big. Oh, no; that is a Tro- this proposal that might not get a ma- debt. But we never hear about it when jan horse. The issue is plain and simple jority support on our side alone in an it comes to funding wars overseas, like that they did not like investments— effort to reach out even though we Iraq, or when it comes to tax cuts for they do not like the Government to think there are better ways to stimu- the wealthy—that is perfectly OK. spend money on education and schools, late the economy. Where were our colleagues on the other they don’t like the Federal Govern- When we meet you halfway, don’t side of the aisle for the last 8 years as ment to spend money on helping people give us the back of your hand and say it is not bipartisan. Don’t say: It has to the debt skyrocketed, as generational with their health care, they don’t like be all our way or 90 percent our way be- theft occurred? Where was my good the Government to spend money on fore we will vote with you. Don’t let friend from Arizona, who talked about transportation, helping rebuild our the hard-right base of this Republican this earlier today when I was on the roads and bridges, or spending money on changing our energy policy so we Party keep a stranglehold on you and floor? prevent us from marching forward to- Mr. COBURN. Will the Senator yield? are not dependent on foreign oil. Oh, gether, because the country needs bet- Mr. SCHUMER. I will only yield, no. It is OK to spend money on the ter. The country needs more. The coun- since I have only 5 minutes, on the military—something I usually sup- try does need bipartisanship, but more Senator’s time. port—it is OK to spend money on tax important even than bipartisanship, as Mr. COBURN. I will be happy to yield cuts for the very wealthy but not to very important as that is, it needs myself the time. The Senator paints help the middle class with health care help. It needs help to get this economy with an awfully broad brush. I have and education and transportation. out of the mess, to create and preserve been in this Senate for 4 years. He That is why we took the majority. 3 to 4 million jobs, to put money in the knows very well that I voted against That is why we will stay in the major- pockets of the middle class, and to re- most appropriations bills. I talked ity, because the average middle-class build an infrastructure that is aging about the debt in almost every speech person knows. They do not want a prof- and will hurt our economy long after, I have given. So I hope we would talk ligate government. They do not want a God willing, this recession is over. about individuals rather than a group government that wastes money—abso- To my colleagues, please, on the next because it is not necessarily represent- lutely not. But I think they want a bill—it is too late for this one—rethink ative of all on my side. government that is there for them and the attitude. We are trying. You have Mr. SCHUMER. Reclaiming my time, makes their lives a little better. They had amendments and amendments. A I think my colleague from Oklahoma know that all the hue and cry of good number have been accepted. Re- makes a fair point. There have been oc- generational theft and increasing the publican input, albeit from three, has casional Members, such as the Senator national debt is only coming because been large in this package. Join us. We from Oklahoma, the Senator from this stimulus package helps the middle want you to. We are not going to insist Ohio, the Senator from Maine, Ms. class with smart Government programs on a bill that is 100 percent spending SNOWE, who have talked repeatedly on education and health care and just as you should not insist on a bill about increasing the debt. But by and transportation. It is that simple. that is 100 percent tax cuts. We are not large, the speakers we have heard this My colleagues, this package is very going to insist on a bill that only in- morning and this afternoon and the much needed. Without it, we could end vests in the things we care about. We votes we have seen from the other side up in a Great Depression, as the defla- will meet you part of the way. But of the aisle, both under George Bush tionary spiral goes down. To talk just don’t give us the back of your hand be- and now—we didn’t hear much talk ‘‘no,’’ as so many on the other side do, cause we have made real efforts and we about generational debt. is reminiscent of Herbert Hoover. Back know the arguments about debt and Mr. SANDERS. Will my colleague in 1930, there was a recession about the generational theft ring hollow because yield? level of this one, and Herbert Hoover you didn’t make those arguments once Mr. SCHUMER. I am happy to yield said, ‘‘Do nothing.’’ The recession be- in the last 8 years when the deficit on my colleague’s time since I only came a depression. ballooned—a few did—when the deficit have 3 minute left. God forbid that happens now. Presi- ballooned because of spending on the Mr. SANDERS. Sure. Does my friend dent Obama is struggling mightily to Iraq war and spending on tax cuts, recall that for many years under Presi- prevent it from happening. He should largely for the highest income people dent Bush, the Republican leadership have broad support from both sides of in America. told us how imperative it was to repeal the aisle because, simply, this package I hope we pass this package. It is not the estate tax, which would cost this is a mixture of spending and tax cuts— perfect. I would draw it differently. My Nation $1 trillion over a 10-year period? I think it is 56–44; because this package colleague from Vermont would draw it Mr. President, $1 trillion—and who has accepted major amendments from differently than I would. But it is a lot were the beneficiaries of that tax the Republican side, the largest of all better than sitting here arguing and break? The top three-tenths of 1 per- from the Senator from Iowa—a reduc- doing nothing. The country is in tough cent. tion in the alternative minimum tax, shape. We have had the most difficult We are spending $800 billion, includ- something I have long supported. So economic time since the Great Depres- ing tax breaks for the middle class, re- this is a balanced package. sion. It requires concerted and smart building this country. What does my The horror the other side shows when action that President Obama has out- friend think about $1 trillion for the the Government will get itself involved lined. Please join us and help us move

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.058 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2294 CONGRESSIONAL RECORD — SENATE February 13, 2009 this country away from the difficult in my 33 years in the Senate where the bailouts started last year, we have only times we are now in. fiscal conservatives point of view has added nearly $2 trillion to our national I yield the floor. been in the majority, not one day. We debt. That did not happen when Repub- The PRESIDING OFFICER. The Sen- have won some battles because of great licans were in control of the Congress. ator from Utah is recognized. Presidential leadership or just plain The financial rescue package with $700 Mr. HATCH. Mr. President, as I un- gutsy leadership by the conservative billion and more for AIG and other derstand it, I have 7 minutes. Republicans, fiscal conservative Re- banks, we are beginning to wonder The PRESIDING OFFICER. The Sen- publicans. But, the Congress has been when the spending will end. ator is correct. run by the more liberal left Democrats I was amazed that in the last elec- Mr. HATCH. Mr. President, I enjoyed and a few Republicans who will side tion, the Democrats, who had voted for listening to my colleague from New with them on these issues. This has the financial rescue legislation, went York, as I always do. I was very inter- created too much spending. out and chewed up a few Republicans ested in Senator SCHUMER saying that One of the Senators on the floor yes- who also voted for that legislation. they have met us halfway. The first terday said, how can we take advice Even though most of the Democrats two bills out of this administration from people who ran us into bank- voted for it, they chewed Republicans have been the C.H.I.P. bill—that was ruptcy over the last 8 years? up for voting for it and defeated them completely put together by Democrats Well, Congress has exceeded the at the polls—talk about hypocrisy. without any input at all from Repub- President’s budget 20 times in the past We have seen very little success for licans and especially from people like 28 years. And it has always been be- our money, but even worse, we have me who wrote the original CHIP bill. cause of the liberal left along with a used it to save management and share- The second bill was a stimulus package few liberal Republicans to make a ma- holders of big banks, even as home- that was put together with no real im- jority in the Senate. owners were forced into default and petus and no real help from the Repub- Since President Reagan, Congress licans or any of us from this side. If Main Street businesses faced bank- has exceeded the President’s budget you watched the process, it was basi- ruptcy. Now we have a stimulus pack- every year except the years when cally we were told: Take it or leave it. age of $787 billion. President Clinton was in the White While there is bipartisan concern When it finally passed by a narrow vote House. Now, why did we match Presi- on this floor, by really 1, it imme- over the economy, this is a partisan dent Clinton’s budget when he was in diately went into a conference where plan. This stimulus bill will explode the White House? It was the first time basically Republican ideas were not the size of Government. Why? Because really considered. We were left out of you had a Republican Congress, and a the more you explode it, the more you negotiating this bill. President who agreed to a lower budg- get people dependent upon the al- I cannot help but paraphrase one of et. mighty Federal Government. The lib- the leaders of the White House who Today, the government spending as a erals who have been running us into said: We Democrats love crises. Why? percentage of gross domestic product is bankruptcy over all of these years will Because then we can pass legislation moving towards 40 percent. That is put us even more into debt. we would never otherwise get through government spending as a percentage I think conservatives need to be more the Congress of the United States or of GDP that is more in line with Eu- alert. If these provisions are made per- through the elected representatives of rope. 40 to 50 percent spending of GDP manent, and there will be a massive at- the people in the two bodies in the Con- is where Europe is. We are going tempt to make these permanent, the gress. through the ‘‘Europeanization’’ of the expansion of Government is going to be I am outraged by the amount of gov- United States of America. enormous. I do not know what you call ernment expansion that is contained in We have always had to give in to the it other than socialism. this bill. The Majority Democrats have left, because they have always been too Do not get me wrong. I am for a seized this opportunity to put all kinds many liberal people and a few Repub- stimulus bill that would work, that of programs in here that are not stim- licans who support liberal spending. would help homeowners, that would ulus, some of which may be very valid This has led to threats to our prin- strengthen research and development, in the regular appropriations process, ciples of freedom, self-reliance, and that would cut corporate and small but many of which are not stimulus, market-driven prosperity. business tax rates so that they can em- and are eating funds that should be An example is how our government is ploy more people, that would move far- going to help pull us out of these dif- taking over the financial sector. Why ther and farther toward creating jobs. ficult times. The legislation clearly are managers and shareholders of failed That would be effective. states that the funds appropriated in financial institutions not first in line However, this bill does not do that. I this bill should be for emergency uses, to bear the consequences of their mis- hope our colleagues will vote against yet there is plenty in this legislation taken actions? Why are we not fol- it. We have to stand up on something, that is not imminent. lowing the principles of a free market and this is a bill we should stand up on. I have to say that when my friend society? I yield the floor. from New York, Senator SCHUMER, The economy has been stronger than The PRESIDING OFFICER. The Sen- talks about tax relief they put in this the Democrats have been portraying it ator from Georgia. bill, it is not true tax relief. When you during those Republican years and dur- Mr. CHAMBLISS. I wish to be recog- start calling it a ‘‘Make Work Pay’’ tax ing the Bush years, in particular. nized for a unanimous consent request. credit, where they give refundable tax Democrats keep blaming the current I understood under the current unani- credits to people who do not pay in- economic decline on the failed eco- mous consent we are going back and come taxes, that is not a tax cut. It is nomic policies of the past 8 years. But forth. I would ask that Senator SAND- not even tax relief. It is a cost to ev- the economy grew each year over the ERS be recognized up to 5 minutes, then erybody else who works and pays in- past 8 years. We have only seen a de- Senator COBURN be recognized for up to come taxes, and it is not going to cline in GDP over the past 6 months 30 minutes, and then I be recognized for produce any jobs. under which both Houses being con- up to 7 minutes, and if a Democrat Now, I am not against helping those trolled by Democrats. Do not miss the comes in and wants to speak between who do not pay income taxes. I am not point. Over all of these years, we have Senator COBURN and myself that they against helping people who are out of had a liberal control of spending in the be allowed to do so. work. But, let’s call it what it is— Congress, and you cannot blame Presi- The PRESIDING OFFICER. Without spending. And let us not put this in a dent George W. Bush for that. He could objection, it is so ordered. stimulus bill, which is supposed to be have vetoed more, I have got to admit The Senator from Vermont is recog- effective immediately. Those provi- that, but the spending came from the nized. sions will not be effective for 2 or 3 left. Mr. SANDERS. Mr. President, my years from now. We are headed toward Government sense of history is a little bit different I have been in the Congress 33 years spending being 40 to 50 percent of our than my good friend from Utah. I was this year. There has not been one day gross domestic product. And since the under the recollection that George W.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.059 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2295 Bush was President for the last 8 years. Then they come to the floor of the cannot wait another 3 or 6 months to My recollection was that the Repub- Senate and they say, what a terrible see if economic conditions worsen. By licans controlled the House and the thing, you are investing $800 billion re- then it could be too late and we could Senate for 6 of those 8 years. My recol- building America, creating 3.5 million be in a depression which it could take lection is that during the last 8 years, jobs, giving millions of middle-class years to overcome. Now is the time to 6 million Americans slipped out of the and working-class Americans tax provide the tools the American people middle class and went into poverty. My breaks. What a bad idea that is. You will use, with creativity and drive, to recollection is that median family in- should do not that. We should not in- rebuild the economy and return us to come for middle-class working families vest $800 billion rebuilding America. prosperity. declined by over $2,000. My recollection We should give $1 trillion to the top The $789 billion economic recovery is that, yes, the wealthiest people in three-tenths of 1 percent. That is the plan before us providing jobs creation the country did very well under Presi- contrast in terms of how they want to and tax cuts for millions of Americans dent Bush but that ordinary people go and how many of us want to go. has the best chance to do that, I be- struggled to keep their heads above What this bill does is not only begin lieve. It is timely. This plan is a vast water. the process of rebuilding our infra- improvement over the first proposal The bill we are addressing this structure, not only begin the process of considered several weeks ago. evening is not perfect. I would have moving us away from fossil fuel and In the Senate, we faced a reality that written it differently. I suspect every- foreign oil, what we also understand is any economic recovery plan would re- one here would have written it dif- that middle-class families cannot af- quire at least 60 votes to overrule a fili- ferently. But what it does do is that in ford to send their kids to college. So we buster attempt and win passage. So I the midst of the greatest economic cri- are putting a significant sum of money and a number of colleagues came to- sis this country has faced since the in and expanding the Pell grant pro- gether to work across the political Great Depression, what we do is begin gram. aisle with a shared goal: Scrub as much to address the unmet needs of the This bill understands that in these pork, nonstimulative spending, and fat American people and we begin march- hard economic times, when millions of as possible from the bill to focus it ing forward to create the millions of our fellow Americans have lost their sharply on saving and creating millions jobs this country desperately needs. jobs, hunger in America is a real prob- of jobs. The group I dubbed the ‘‘jobs Most importantly, we begin the proc- lem. So we are putting money in for squad’’ included my friend Senator ess of moving America in a very dif- food stamps. We are putting money SUSAN COLLINS of Maine and five other ferent direction so that, in fact, this into energy, homeless shelters so that Republicans and some 15 Senators in country does not fall into a great de- those among us, those least able among my own party. I thank each of them for pression from which it would take us us, are protected. their contributions to making the bill years and years and tremendous human Working-class and middle-class fami- better and for helping Congress respond suffering to dig our way out. lies cannot afford childcare. We are to a national economy in crisis. What this legislation does is says putting billions into helping them get This legislation before us is also tar- that after years of neglect, let us cre- the childcare they need, the Head Start geted. There has been a lot of criticism ate millions of good-paying jobs by re- they need, and creating jobs in that of the final bill before us, and I agree it building our crumbling infrastructure. area as well. is not perfect. One criticism I have In the State of Vermont, our bridges This is an 800-page bill. It is not per- heard is that it will leave just $13 to $15 need work, our roads need work, our fect. Everyone knows that. But this in people’s pockets per week. To many water systems need work. That is true bill begins the process—— hard-working Americans, that is some- The PRESIDING OFFICER. The Sen- all over this country. where between $700 and $800 a year, ator’s time has expired. Let us put people to work rebuilding money they can use to pay electric or Mr. SANDERS. Of moving the coun- our crumbling infrastructure. That is gas bills, buy food or medicine, provide try in the right direction. It should be what this legislation does. For decades clothes for their children, take a bit of supported. now, people have been saying what a The PRESIDING OFFICER. The Sen- the stress out of their lives. Let’s look back a moment to recent terrible shame it is, how silly it is that ator from Oklahoma is recognized. we import every single year hundreds Mr. COBURN. I ask unanimous con- history. In 2003, under the previous ad- of billions of dollars of oil from foreign sent that the Senator from Nebraska ministration, Congress approved a countries. How silly it is. Well, finally be recognized next. major tax cut bill that included $20 bil- we are beginning to address that ab- The PRESIDING OFFICER. Without lion in economic stimulus for States. surdity. We are saying now and we are objection, it is so ordered. Senator COLLINS and I coauthored the investing in energy efficiency, we are Mr. NELSON of Nebraska. Mr. Presi- provision to help States cope with the investing in wind, solar, geothermal, dent, I thank my friend from Okla- loss of State revenues tied to the tax biomass, sustainable energy. homa for the courtesy of extending 5 cuts. The $20 billion in State aid was a Let’s end the talk of moving us into minutes of his time on the front end of one-time boost designed to end when it a new energy direction. Let’s invest in his time, so I will not be going between would likely no longer be needed. those areas so that America, in fact, Senator COBURN and Senator Eighteen months after the tax cut bill can become energy independent. My CHAMBLISS. passed, the aid to the States ceased. We Republican friends over the years have Our Nation’s economy is in trouble. have safeguards in the current eco- said what we need to do is give tax Over the course of America’s history nomic recovery bill that will shut off breaks to the wealthiest people in this our economy has been in trouble before spending in a similar timeframe. And country. In fact, right now, today, de- but rarely this much. Job losses in my 78 percent of the spending in this bill spite the fact that we have the most State of Nebraska and across the Na- will be completed by the fall of 2010, unequal distribution of wealth and in- tion are climbing, and the recession overcoming the old wives’ tale that come of any country, the Republican that began some 13 months ago is ac- this money will only be spent at the leadership today says, let’s repeal the celerating. end of the legislation. estate tax. Of the 3.6 million who have lost their This legislation clearly is temporary. Do you know that if we did as the Re- jobs, nearly half received a pink slip in As I said, it is not perfect, but it has publicans wanted and repealed the es- the last 3 months. Everyone in Con- the support of such major organiza- tate tax completely, we would provide gress knows we need to act, and to act tions as the National Association of $1 trillion in tax breaks to the wealthi- soon, to try to stop our economy’s Manufacturers, the U.S. Chamber of est three-tenths of 1 percent, million- downward slide, and to ease the in- Commerce, and, in my State, the aires and billionaires all? Not one per- creasing hardship felt by millions of Omaha Chamber of Commerce, and son in the middle class would gain one American families, business owners, others. Members of these groups will be nickel from that effort. It is one tril- workers, students, and seniors. able to use money from this legislation lion dollars for the three-tenths of 1 The time is now to begin turning this quickly to hire new workers, tackle in- percent. recession toward recovery. Congress frastructure needs nationwide, expand

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.060 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2296 CONGRESSIONAL RECORD — SENATE February 13, 2009 their businesses, and begin to get our politicians abandon the very clear omy. The reason for that is we are economy moving again. The bill will rules and wisdom that was given to us going to borrow so much money, as we have a major impact on States across by a unique, almost ordained group of do in this bill, we are going to crowd the Nation as well. For example, my individuals over 200 years ago who saw out private investment. The Govern- State of Nebraska stands to receive a a vision and said: How do we keep this? ment is going to have all the money, total of $1 billion from the recovery When we abandon this book, as we and people will not be able to borrow plan. Nebraska’s K–12 school districts have and as we did, and we get into money to invest in new ideas which will receive about $236 million to pre- trouble, it is important to recognize create opportunity, which create jobs, vent cutbacks, teacher layoffs, to mod- what we did wrong, if we are going to which create increased standards of liv- ernize schools, and for other purposes. try to fix it. ing. For State flexibility money, Nebraska The other thing I am tired of hearing So going back, how did we get here will receive about $52 million to help about—and I think the American peo- and what is the real problem for us to rebuild vital educational and other ple are too—this isn’t a Bush, Clinton, create a stimulus bill right now, before State infrastructure. It can also be or Obama thing. This is a Congress we have a way to solve the housing and used to help State government provide thing. No President can spend money mortgage crisis—because the bank services and avoid layoffs of critical without us allowing it to happen. I al- problem wouldn’t be there if the mort- employees such as State troopers and most laughed when I heard the claims gage and housing crisis wasn’t there, public safety officers. Nebraska is esti- on the Senate floor from both sides for us to fix those first before we do mated to receive another $310 million about the trouble we are in and how we this and for us to have a plan to do in additional Medicaid assistance, pre- got there and deficits and the Senator that—as a physician, one of the things serving needed health coverage for low- from Vermont and his claim of a tril- I notice is, if somebody comes into the income Nebraskans who will feel the lion dollars. emergency room with chest pain, it is economic downturn more than many I think the CBO cost on that was $60 one of three or four things. Either they others. billion on estate taxes. But the idea have an esophageal spasm or their The PRESIDING OFFICER. The Sen- that we would put a blame on anybody esophagus is irritated or they have ter- ator has used 5 minutes. other than ourselves, the truth of that rible reflux where the fluid from the Mr. NELSON of Nebraska. I thank is, go look at the votes on appropria- stomach acid is burning the esophagus the Senator from Oklahoma for the tions bills for the last 8 years. It is or they are having angina, heart pain, time. I thank the Chair. nearly 100 percent on one side and al- due to lack of blood supply. If you I yield the floor. most 95 percent on this side of people treat the symptoms, you can make The PRESIDING OFFICER. The Sen- voting to spend money we didn’t have that angina go away, but they still ator from Oklahoma. for things we didn’t need. have a vascular abnormality around Mr. COBURN. Mr. President, I have It is important the American people, the heart that could kill them. been sitting here for about an hour. I as they see us trying to work through My worry with this bill is that we are have to think the American people are a process, No. 1, reject any partisan- treating symptoms. We are not treat- pretty sick of what they have been ship they will hear. When somebody ing the disease. We are arguing, par- hearing. We heard the Senator from starts being partisan, turn the TV off tisan arguing: Was this a bipartisan New York talk about how bad the Re- because what it means is, they don’t bill, wasn’t it a bipartisan bill; you did publicans were. We heard the Senator have anything substantive to talk this over the last 8 years, you did this. from Utah talk in Hobson fashion. It about if they are pointing their finger We need the country thinking forward, doesn’t come anywhere close to solving at somebody else. the problem. I think we ought to have The second question we ought to ask not backward. The guide for that has a discussion about how we got here. is, is what we are doing going to fix the to be the Constitution, which every How do we find ourselves in the mess problem? Here is the problem. The Member of this body is sworn to uphold we are in? I think we can look at his- problem goes back to this. We set up but violates daily. We are in this trou- tory. two agencies, Fannie Mae and Freddie ble because the Congress put us in this There was a great historian named Mac, to socialize the risk for homeown- trouble. The blame lies solely here. Alexander Tytler. He looked at the an- ership, a total violation of what is in Let me talk about the bill for a cient Greeks and looked at what hap- this book. It is a total violation. Then minute. This is the bill. I won’t pick it pened to them as they fell. He said this we said: Maybe we can help people a up and wave it around for fear I would about republics. He said: All republics little more, so let’s go to subprime be called into account of using theat- fail. They fail as soon as the people fig- mortgages and let’s bonus the people rics. But do the American people real- ure out they can vote themselves who work at the GSEs, Fannie Mae and ize nobody who is going to vote on this money from the public treasury. Freddie Mac. The more subprime mort- bill has read it? There is $727 million There is no question we are in hard gages they take, the more money they worth of spending on every page of this times. There is no question we need to make. bill. That is what it averages out. So do a stimulus package. There is no If I remember, one former leader of not counting interest, we have a less question the Federal Government has Fannie Mae made $140 million because than $800 billion bill that had 30 the power to make a big difference in a we bought mortgages he knew people amendments in the Senate before it lot of people’s lives who are hurting weren’t going to be able to pay for, but went to conference. We hear they are right now. I don’t think it would be the incentive was there, in a quasi gov- accepted. Some of them were accepted. fair to say that there is anybody in this ernment-owned agency, to do some- We voted on one unanimously, and it Chamber who doesn’t want to try to ac- thing that is outside of the enumerated got thrown out in conference, just a complish that. The difference is, how powers of the Constitution. simple little thing like maybe we do you do it? In doing so, what kind of So as we abandon principles, the best ought to make sure that contracting is problems do you create? way for us to solve the problems in competitively bid. Now the language The way we got here is abandoning front of us is to go back and look at reads we ought to try to do that, but this little booklet. If you read article I, the principles. we will not make sure that happens. section 8 of the Constitution and then The other concern is, do we have the I brought along with me, thanks to read what the Founders had to say potential to make things worse? No- somebody down in the Senate gift shop, about article I, section 8, it is called body has talked about that today. Does this little green item. It is called a the enumerated powers. They were what we are doing have a potential thimble. In Oklahoma, we have a state- very clear in the role of the Federal downside? You can’t talk to one econo- ment for that kind of thinking. It is Government. We are in trouble today, mist who doesn’t say yes. As a matter called ‘‘there is not any more common- this Nation is in trouble today—not of fact, by CBO’s own score, 10 years sense than what can fit in a thimble.’’ something we can’t get out of, we can; from now this will either have zero ef- So when we take out something that is not something that the American spir- fect or anywhere from a minus 2 to a agreed to unanimously in the Senate to it won’t overcome—because we let the plus three-tenths effect on the econ- mandate competitive bidding so even if

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.065 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2297 we are wasting money, we waste it effi- number of jobs created, at a signifi- litical expediency—by the people who ciently, you have to wonder what is cantly lower cost, as scored by CBO created this country who risked their going on. and as scored by outside economists, is lives and their fortunes to make sure Let me tell you what is going on. a spurious claim. we have the freedom we have today. This is a massive bill. Supposedly, it Another thing that got added into But yet we are abandoning that. doesn’t have any earmarks, which is the bill is the most dangerous prece- It comes back to: What is our herit- laughable, if you have been around dent for health care in this country we age as a nation? What is the heritage here any period of time. have ever seen. We are now, with this we as a nation have been brought for- The conference did clean it up so you bill, embracing Great Britain’s health ward with? I will tell you what I think can’t truly find out where the ear- care system. What we are saying is it is. I think the heritage we have is marking is. You could find it out a lit- that we are going to allow the Govern- that one generation was willing to tle bit before it went to conference. ment in the future to decide what care make hard choices and hard sacrifices Now you can’t pinpoint it all. But we you will get. It is called comparative so the generation that followed would are going to move from earmarking to effectiveness, and it is going to be have greater opportunity—greater op- a concept called ‘‘phone marking.’’ It is based on cost, not clinical outcomes. portunity—a higher standard of living, a new concept. It is more powerful than We are going to abandon the knowledge more freedom, more liberty. earmarking. Phone marking is this: of physicians, the experience they have What have we done? We are going in This bill gets signed, $500 billion of it is with their patients, the 8 to 12 years of reverse. What we have been doing for going to be disbursed through the agen- additional training they have and the the last 10 to 15 years in this country, cies. Guess what is the first thing that lives that have been dedicated to im- what we have been saying is we will is going to happen after President proving the health of their patients. take it now. Kids, you lump it. As an Obama signs this bill. Members of Con- We are going to abandon that to a bu- example of that, if you look at 2008, the gress and Senators are going to be on reaucracy where the Government says: Federal Government spent $25,000 per the phone saying: I want this money We know best. household of your money. A good por- spent here and here and here, and if We are going to do that because we tion of it—a third of it—was borrowed. you don’t, in your appropriations next cannot afford Medicare in the future, But we spent $25,000 as a Federal gov- year, you are going to suffer. and we are going to say, just like Eng- ernment per household. With this bill, That is exactly what will happen land says, if you only get 1 more year we are going to spend $38,000 per fam- with the money in this bill. Everybody of life, then the most we can spend on ily—just with this one bill. And we are who works inside Washington knows you is $49,000. If you are 75 years of age hurrying it up. We have to get it done exactly that will be what happens. and you are a Medicare patient and you right now because there are CODELs, We have heard talk about the ear- fall and break your hip, we are sorry, trips, and junkets waiting for Members marks. I won’t try to repeat some of we are not going to do it because it is to go on, including the Speaker of the the things that are in this bill. But I not cost-effective. House. will talk about one. We have a private The first leg of you losing a doctor- So we have a bill that nobody has company that was developed. It has patient relationship and the freedom to read, that has some real questions spent several million dollars devel- have health care decisions made by you about whether it is going to be stimu- oping a railroad from California to Las and your caregiver is buried within lative, that has taken out good finan- Vegas. this bill and will kill health care in cial controls such as competitive bid- Do you know what this bill does? It America as far as its quality. You will ding, taken out listing priorities, and wipes them out. They invested private get access—you will get to wait just we are going to vote on it tonight, with capital to develop a railway. In excess like Canada and England do—but you nobody ever having read it. That is of $10 million has already been invested will kill the quality and will kill med- about as bad as the partisan bickering in that, and with the wisp of one ear- ical innovation in this country. This we have heard. mark, we are going to bankrupt people country leads the world. Mr. President, Does it serve us well to hurry and do who invested their life savings to try 7 out of every 10 major breakthroughs something when we do not know what to do something good because the Gov- in medicine occur in this country. And we are doing? Now, there are some staff ernment is now going to do it through the reason? It does not mean we have a members who know some of what is in an earmark and going to try to accom- good system now. It needs to be im- here. But there is not one person who plish something that has only been proved. knows the full extent. Mark my words, done in one country and not effec- Here is the theory as I have observed within a month, we will be back in here tively. It costs $100 million a mile to it in the 10 years I have been in Con- passing a bill to do all the corrections build a maglev train, and we are not gress: Never do what is best when you to this bill that we do not have right going to see any of that money spent can do what is safe. That is how it op- and correct at this time. That is how for 4 or 5 years because the technology erates in Washington and throughout sloppy we do our work. So it is not is not here. the Federal agencies. They are risk only sloppy in terms of our effort, it is That aside, there also was an amend- averse, just like the politicians are sloppy in terms of our theory. ment that truly would have done some- risk averse to challenging priorities in I would also add we are going to thing to fix the real problem: housing— this bill, that we ought to have prior- move from $2,000 per family in interest the Isakson amendment, with a $15,000 ities to spend the money for what costs to $4,817 per family this next tax credit, if you are buying a primary would get the most jobs, the most eco- year. Now, in my State, the average residence, whether it is a foreclosed nomic benefit. family income is below what the Fed- home or a new one. It would have done I had an amendment that was adopt- eral Government is going to spend with something magnificent in terms of ed. It had 73 or 74 votes. It got watered this bill. In my State, average family lessening the crisis in housing. down and divided in conference because income is under $36,000. Yet we are What did we do? Out. It had an over- a lot of special interest groups said: going to spend $38,000 this next year whelming vote in the Senate, but it is Oh, no. You can’t do that. So what did per family in this country, and we are out. How do you explain that? What is we do? They are not a priority as far as going to justify we had to do it to get going on here? What is going on here is what we should be doing right now. As us out of trouble. And we are going to the initiation of what Alexander Tytler a matter of fact, 80 percent of—most of do it because we did not fix the real talked about: the failure of a republic. the groups that were complaining problem, we are treating the symp- And it is about short-term politically, about it get their funds from private toms. We are all going to feel good, and expedient thinking to the benefit of sources. The best way to get them we are all going to take the invite of politicians, instead of what is the best funded back up is getting private the Senator from New York to come on right thing we can do for our country. sources moving again in terms of the over and join us. The very claim that Senator MCCAIN economy. But what did we do? We The fact is, my oath as a Senator did not offer a substantive bill that chose the politically expedient path. should disallow me from ever voting would have significantly increased the Again, it was not often thought of—po- for this bill. Anybody who votes for

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.065 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2298 CONGRESSIONAL RECORD — SENATE February 13, 2009 this bill will be violating their oath to going to go away, and you will see a from Georgia introduced that amend- this Constitution. America demands little decrease in the glimmer of those ment which would have allowed a something be done. They are right. We children as they contemplate and we $15,000 tax credit to anyone who buys a need to do something. Should we do it contemplate their future. home in the next 12 months. That sloppily? Should we do it without Mr. President, I reserve the remain- $15,000 tax credit would have gone a focus? Should we do it without temper- der of my time. long way towards incentivizing individ- ance? And should we do it in a timely The PRESIDING OFFICER (Mr. uals to buy homes and take these manner to make sure we are not treat- UDALL of Colorado). Who yields time? houses that have been foreclosed on ing the symptoms as reflux or esopha- The Senator from Georgia. out of the inventory of the financial in- geal spasm, but we actually go in and Mr. CHAMBLISS. Mr. President, I stitutions across this country and al- take the clot or the plaque out of the think I have 7 minutes under the con- lowed our developers to get back to artery that surrounds the heart? Isn’t sent. Will you let me know when I have work. It would have taken those devel- that what we should be doing? a minute remaining, please. opers now in their own partially devel- Shouldn’t we be fixing the real prob- The PRESIDING OFFICER. The oped—or in some instances totally de- lem? Chair will notify the Senator. veloped—subdivisions and given them While we are at it, we ought to be fix- Mr. CHAMBLISS. Mr. President, I the opportunity to get back into the ing us because we are the rise to speak in opposition to this bill, marketplace with credit being freed up cocommitters of the real problem. and I do so somewhat reluctantly be- and continue to develop those subdivi- Shouldn’t we all be thinking long-term cause I do not think there is an indi- sions and build houses and put car- rather than short-term political ben- vidual who is a Member of this Senate penters back to work and plumbers efit? Shouldn’t we be realizing what is who does not agree that something back to work and folks who lay carpet expected of us? needs to be done. back to work. That is the kind of stim- I would hope Americans tonight, if We are in a financial crisis in this ulus that needs to be done to get the they have children, will go and look country today. We are in not just a fi- housing industry back on track. into the eyes of their children. There is nancial industry crisis but every Unfortunately, during the conference something you see in children in this household has their own financial cri- that took place over the last several country that is very different than sis they are looking at. We have folks days, starting, I think, at midnight the when you look in the eyes of some out of work. We have folks who are other night, from what I hear, and con- starving African child or some Third looking at their homes being fore- cluding maybe at midnight the next World country child. What you see, closed, some of whom are even still night, that provision was taken out. when you look into those beautiful working. We have real issues that need So with this bill, as we see it on the brown, blue, green or hazel eyes, is to be dealt with. The question becomes: Senate floor today, the Isakson amend- hope. How do we solve this problem? How do ment has been so watered down that it I think about my four grandkids and we, as policymakers, act in a respon- is meaningless. It is not going to be an the one who is on the way. When I look sible way to address this crisis? incentive on the part of anyone to buy in their eyes, I see hope. Then contrast There are three real issues that need a home. that with the pictures you have seen of to be addressed, in my opinion. First of Now, we don’t have one single provi- the despair and look of no hope of the all, the issue that got us into the crisis sion in this bill that is going to be kids around the world who have not mode we are in is the housing industry. voted on, on the floor of the Senate to- had the opportunity of this country. The housing industry crisis started night, that is going to really stimulate What we are doing is we are stealing years and years ago. I could go all the and invigorate the housing sector of some of that hope tonight from our way back to the Carter administration our economy. children. and talk about bills that were passed Secondly, there was another amend- If you do not have a young child but by this body that started the ball roll- ment I thought was a pretty good you have one who has grown up, think ing. It steamrolled in subsequent ad- amendment. I didn’t know about it back to that picture you have on the ministrations and came to a head last until we got the bill on the Senate wall and look into those eyes and say: summer and last fall, when we saw floor, but it was a Democratic amend- Do you want to steal that hope? Be- foreclosures reach an alltime high, and ment by Senator MIKULSKI from Mary- cause that is what we are doing. We are they have gotten higher ever since. We land. Her amendment basically said: limiting their liberty economically. We saw the financial sector of our econ- Look, you are not going to stimulate are limiting their freedom to be the the automobile industry by writing best and brightest and have the great- omy collapse. But that does not do us est potential that any society has ever any good to talk about that. checks to Detroit. The way you stimu- We have to deal with the cards we offered their youngest citizens. That is late the automobile industry is to put have in our hand today, and we have to what we are doing with this bill. people in the showrooms around Amer- I will close with this and reserve the look forward. But let us make no mis- ica. I am trying to buy a car right now, remainder of my time. There was a take about it, if we do not fix the hous- and I was particularly interested in President we had who made a state- ing crisis this country is in, all the what she had to say because what her ment that was fairly popular, but it hundreds of billions of dollars and tril- amendment did was to allow an indi- has great application right now. He lions of dollars we have obligated and vidual who bought a car and financed said: Freedom is a precious thing. It is are about to obligate are not going to that car to deduct the interest paid on a precious thing. It is never guaran- be spent in the correct manner because that loan at the end of the year off of teed. It is not ours by inheritance. It we have to fix the housing market. We their income taxes. Pretty good idea. has to be fought for and maintained have too many households in America For somebody who is in the market for and won by every generation. that are upside down. Upside down an automobile, that may have been the As we embrace this bill, we are sell- means the home they have now is final thing that put them over the top. ing out the heritage of our country. We worth less than what they owe on it. Unfortunately, that particular amend- are denying the hope and joy in those Those particular households all across ment, too, has been so watered down young eyes and we are limiting the America are struggling right now with that it is meaningless. It is not going freedom our children will enjoy. We the decision of whether they are going to do one thing to incentivize or stimu- can do better. We must do better for to continue to make their house pay- late an individual to go out and buy a this country. Our country needs states- ment or whether they are going to just car today. men who will sacrifice themselves for let the foreclosure proceed so they The next issue that needed to be ad- the best interests of the country rather don’t have to make a payment on a dressed is job security and job creation. than the best interests of their party or house that is worth significantly less Are there provisions in this bill that the best interests of their political ca- than what it was when they bought it. seek to create jobs? You bet there are. reer. There was a provision we debated on Out of $789 billion, I would hope some Freedom is precious. We are going to the floor of this body last week called of those billions of dollars would do take a bit of it away tonight. It is the Isakson amendment. My colleague that. Certainly, with respect to part of

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.066 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2299 that money that is going to infrastruc- statutes’’ is intended to ensure that ex- They are both adopted from the Senate ture projects, to build roads, to build isting Federal procurement laws appli- version of the bill. First, the Senate highways, to do waterworks projects, cable to programs that allow for set- bill included a $5.5 billion discretionary there are going to be jobs created by asides and direct-award procurements program that could be used for high- that, and I have an appreciation for for service-disabled veteran-owned way, transit, as well as freight and pas- that fact. However, the fact is, it falls businesses, minority-owned businesses, senger rail projects. The conference re- way short when it comes to looking at tribal enterprises, women-owned busi- port funds this at $1.5 billion. There is the percentage of spending that is allo- nesses, HUB Zone qualified businesses a threshold that the projects must be cated in this bill to infrastructure and other entities covered through between $20 million and $500 million. I projects. It is minuscule—minuscule— SBA programs, as well as, for example, am informed that this is too high a compared to the total amount of $789 the Javits-Wagner-O’Day Act Program, threshold for most short line rail billion that has been allocated, and remain fully applicable to contracts projects. Fortunately, the conference when you add the interest, the $1.2 tril- initiated under this Act, is that cor- report stipulates that the Secretary lion that we are going to obligate to- rect? may waive the requirement for smaller night if this bill does, in fact, pass. Mr. INOUYE. The Senator is correct. cities and regions. It is my under- There is a way we could have ad- Nothing in this act overturns or standing that these investments may dressed job stabilization and job cre- changes the existing procurement laws include short-line railroad projects ation. In the McCain amendment that for the SBA or similar programs or the that meet public benefit tests such as was on the Senate floor, there was a Javits-Wagner-O’Day Act. Since ap- those stipulated in the Energy Act of provision in that amendment that said proximately 80 percent of the jobs in 2007 and provide a benefit to highway the United States are created by small we can incentivize the small business users. Second, the conference report in- businesses and since one of the main community—which is the heart and cludes $27.5 billion for highways and purposes of the American Recovery and soul of the job creation sector of our surface transportation infrastructure. Reinvestment Act of 2009 is to get peo- economy—we can incentivize that The conference report explicitly states ple back to work as soon as possible, small business community to grow that grants may be for passenger and the intent of this stimulus package is their business. freight rail transportation projects. that small businesses, including those The PRESIDING OFFICER. The Sen- The flexibility criteria states that a participating in SBA programs, will be ator’s time has expired. project must be eligible under Section Mr. CHAMBLISS. Do I not have a able to participate in spending pro- 133 of title 23 601(a)(8) which reads in minute left? grams contained in the bill so long as part ‘‘for a public freight rail facility The PRESIDING OFFICER. The Sen- the contracts are awarded following ex- or a private facility providing public ator’s time has expired. isting Federal law for competitive and Mr. CHAMBLISS. I am sorry, I direct award procurements. benefit for highway users.’’ My under- thought you were going to let me know Ms. MURKOWSKI. I thank the Sen- standing is that short line rail projects when I had 1 minute left. ator for this clarification. that ‘‘provide a benefit to highway I ask unanimous consent for 1 addi- SMALL FREIGHT RAILROAD PROJECTS users’’ are be eligible for this funding. tional minute. Mr. SPECTER. Mr. President, I seek I would ask the distinguished chair of Mr. DURBIN. Mr. President, reserv- recognition to clarify a provision in the Transportation, Housing and Urban ing the right to object, I ask unani- the American Recovery and Reinvest- Development and Related Agencies Ap- mous consent for 1 additional minute ment Act. It is my view that our na- propriations Subcommittee if I am cor- to Senator INOUYE of Hawaii. tional transportation policy should rect in my understanding that the Sec- The PRESIDING OFFICER. Without promote a balance between the high- retary may waive the $20 million min- objection, it is so ordered. way and rail freight shipment modes. imum requirement under the discre- Mr. CHAMBLISS. Mr. President, the In promoting this concept of modal tionary grant program and that short fact is, that amendment should have balance, I have particular interest in line and other freight rail projects that passed. It didn’t pass. That would have the well-being of the 500 short lines and provide a benefit to highway users are gone a long way toward stabilizing and regional railroads of America. I am ad- eligible under the $27.5 billion highway creating jobs in this market. vised that these railroads operate 50,000 infrastructure investment. The third part of this is that we need miles of line, nearly 20 percent of the Mrs. MURRAY. Mr. President, yes, to be compassionate. We need to extend entire system. They connect commu- the Senator from Pennsylvania’s un- unemployment benefits. That is an ap- nities and entire rural regions of the derstanding is correct. The conference propriate part of spending but, again, country to the mainline rail network. report does give the Secretary of minuscule compared to what is being These carriers provide essential eco- Transportation authority to waive the spent here. nomic and environmental benefits pri- minimum grant size under the discre- This total amount of $789 billion marily in rural regions of the country, tionary grant program for the purpose which translates into $1.2 trillion has including those in my State. to be paid back. The Lord has blessed Pennsylvania has 54 small railroads of funding significant projects in my wife and I with four grandchildren, that operate over 3,000 miles of line. It smaller cities, regions or States. Addi- two of whom we have had for about 10 is estimated that if these railroads are tionally, funds provided for investment and 12 years, and two of whom were abandoned, Pennsylvania highway in highway infrastructure maybe be just born about 60 hours ago. It is those users would sustain additional pave- used for passenger and freight rail grandchildren of mine and the children ment damage of $87 million annually. transportation and port infrastructure and grandchildren of everybody in this This alone, in addition to the docu- projects. Senate and all across America who mented environmental and congestion Mr. SPECTER. I thank the Chair- bear the responsibility of paying this relief benefits of freight rail, is a nota- man. money back. When we spend money, we ble public benefit to highway users. In ECONOMICALLY DISTRESSED COMMUNITIES are obligated to spend it judiciously 2007, Congress enacted Public Law 110– and responsibly. This expenditure of 140, the Energy Act of 2007, and chapter Mr. WARNER. Mr. President, I rise $1.2 trillion is not going to stimulate 223 created a new program of capital to engage my colleague, the chair of this economy, and this bill ought to be grants to class II and III railroads to the Environment and Public Works defeated. preserve this essential service. I be- Committee, in a colloquy. The Rein- Mr. President, I yield the floor. lieve that this provides an authoriza- vestment Act we are passing today pro- SOCIOECONOMIC PROCUREMENT PROGRAMS tion and public interest justification vides a unique opportunity for some of Ms. MURKOWSKI. It is my under- for funding small rail projects with our most economically distressed com- standing that the language in section stimulus appropriations. munities to connect to our Nation’s 1610 that reads ‘‘is otherwise author- There are two programs within the transportation network. We have ized by statute to be entered into with- American Recovery and Reinvestment ‘‘shovel ready’’ projects that are in out regard to the above referenced Act that are of particular applicability. need of funds. As the chair knows,

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.068 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2300 CONGRESSIONAL RECORD — SENATE February 13, 2009 these Federal funds have enormous po- long way toward the goal of trans- families, and it produces an immediate, tential to help complete work on forming our national transportation stimulative effect as the fund flows. projects and help bring jobs and eco- system, including rail service for many Voting no is the real generational nomic development to our commu- people in my home State of Illinois theft. Now, some of my colleagues on nities. I ask my colleague, in helping who want to ride the trains today but the other side of the aisle have claimed to draft this legislation, is it her inten- simply can’t find a seat on our over- that this bill amounts to ‘‘generational tion to ensure that projects already crowded trains. theft.’’ My answer is this: We are steal- under development in distressed com- The conference report invests $4.7 bil- ing from our children’s future if we fail munities receive full consideration lion in extending broadband access to to act today. If we don’t act, we are under the law? underserved areas, so that all Amer- stealing from millions of children the Mrs. BOXER. Projects in economi- ican families and businesses can ben- one thing that is more important than cally distressed communities are a efit from the technology of the 21st anything else: hope. high priority in this legislation and century. These investments will create We are trying to save or create 3.5 those projects should be addressed on good-paying jobs here in America. And million jobs with this bill. Those jobs an expeditious basis under applicable all Americans will benefit from strong- aren’t just numbers on a page; they Federal requirements. er transportation and telecommuni- represent real lives—real fathers and Mr. DURBIN. Mr. President, our Na- cation systems in this country. mothers who either can or cannot tion is in a serious recession. The In the area of tax cuts, 95 percent of make ends meet for their little ones. American recovery and reinvestment all working families in America will Are we not stealing hope from our conference report that we now have be- receive a tax cut of up to $800. Mr. children if we tell millions of parents fore us will help create or maintain 3.5 President, 26 million families will be that they have to go home to their kids million jobs. shielded from paying additional alter- and explain that there is no more The question before my colleagues is native minimum tax payments for 2009. money coming in to put food on the this: Will we act together to reinvigo- Small businesses will benefit from new table? rate our economy, turn the tide on this tax provisions related to expensing, net Are we not stealing hope from mil- recession, and create those 3.5 million operating loss carrybacks, and capital lions of children if we take away the jobs, or will we say no? gains. These tax cuts will help Amer- security of being able to sleep in their When we cast our vote today, we are ican families keep food on the table own bedrooms each night, if we stand not choosing between the bill we per- and will help many small businesses aside as they are thrown out on the sonally would have written and the bill stay in business and weather the storm street when the banks come to take before us. The choice before us today is of this economic downturn. away the keys to their homes? between the bill we have before us and On education, Pell Grants will be in- Are we not stealing hope from our doing nothing. And we simply cannot creased by up to $500 per student so children if there is not enough money afford to do nothing. that more students can stay in school to allow them to go to college because The recession is the most pressing even as the finances of their families all of the money that might have been threat to our national security. deteriorate. Illinois students will re- saved needs to be used now to keep the I have spoken often on the floor over ceive over $650 million from this na- family from going bankrupt? the past several weeks about the tional investment in their future. This bill commits generational theft? alarming job losses that continue to es- A new American Opportunity Tax We have been told by economists calate each day. That alone should be Credit will provide eligible students across the political spectrum that to- enough to convince my fellow Senators with up to $2,500 to help with tuition day’s economic malaise is greater than we must act. and expenses. Over 150,000 students in anything we have experienced since the Yesterday, we heard a new argument Illinois will benefit. Great Depression. We have been warned for action. President Obama’s top in- Some argue that we shouldn’t be in- of the potential for a decade of more telligence advisor, Director of National vesting in education because it isn’t lost growth. Intelligence Dennis Blair, told us yes- ‘‘stimulative.’’ I disagree. What is the What is the cost to our children, if terday that the deteriorating global impact on the economy if students all they inherit an economy from us that economy is now the greatest threat to over the country have to drop out of is stuck in reverse or neutral for years America’s national security—a secu- school because their families can no and years? If we have a way out of this rity threat more grave even than ter- longer afford the cost of higher edu- crisis and we fail to act, isn’t that the rorism. cation? How does that help turn around real generational theft? He said: our economy and sustain our economic Voting no today steals hope from our Roughly a quarter of the countries in the strength over time? An investment in children. Voting no today steals eco- world have already experienced low-level in- those students pays off now, and it nomic growth from our children. Vot- stability such as government changes be- pays off again later, as they emerge ing no today steals a more secure fu- cause of the current slowdown. from school better prepared to partici- ture from millions of children. Director Blair said that the most im- pate in a renewed economy. That is the theft we commit today if mediate fallout from the worldwide On health care, out-of-work Ameri- we fail to send this recovery bill to the economic decline for the United States cans trying desperately to maintain President’s desk. will be ‘‘allies and friends not being the health care coverage they received Mr. GRASSLEY. Mr. President, I able to fully meet their defense and hu- from their former employer will re- would like to speak on concerns I have manitarian obligations.’’ ceive help from the Government with with the Medicaid and welfare provi- We have a bill before us that is ready their COBRA payments. The Govern- sions in the conference agreement we to be sent to the President’s desk. ment will pay 65 percent of COBRA pre- will be voting on shortly. What could any of us be waiting for? miums for up to 9 months while these This bill would provide an $87 billion The global economy will only recover individuals look for work. slush fund for the States. if the largest economy in the world— States will receive more Medicaid As I have said on the Senate floor nu- ours—begins to recover. That is what funds to help low-income children and merous times during this debate, this bill is designed to do. their families keep their Medicaid cov- States don’t need $87 billion for their The bill provides a long list of crit- erage. My home State of Illinois, for Medicaid Programs. ical investments. The powerful invest- example, will receive $2.9 billion over 2 The Congressional Budget Office ana- ments in America contained in this years. lyzed an amendment I wrote to target package are too numerous to list, but It is critical that families receive funds just for enrollment-driven in- here are a few highlights: this modest but vital help as they try creases in Medicaid spending. The non- On infrastructure, the conference re- to stay afloat and desperately look for partisan Congressional Budget Office port includes a critical $8 billion in- new jobs. Providing insurance against gave us the answer for how much it vestment for our intercity passenger the costs of health emergencies is a would cost to provide federal funding rail system. This funding will take us a fundamental way to help struggling for the additional Medicaid enrollment

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.004 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2301 caused by the economic downturn. And for expanding their welfare caseloads. There, section 1527 is, ironically titled, that cost is not $87 billion; it is 1.8 bil- Rather than encourage States to re- ‘‘Independence of Inspectors General.’’ lion. duce their welfare rolls, this provision Great title, something you would think The remaining $75 billion in this bill rewards States for enrolling families you would like to support. If you keep goes to helping States fill in their defi- on welfare. reading, it states that ‘‘nothing in this cits. Giving States almost eight times This bill also relieves States of the subtitle shall affect the independent what they need for enrollment-driven responsibility to engage able-bodied authority of an inspector general to de- Medicaid does not meet the definition adults on welfare in work training, termine whether to conduct an audit or of targeted in my book. work experience programs or edu- investigation of covered funds.’’ Again, Now, we will hear that this $87 bil- cation. a nice statement that reinforces the lion Medicaid slush fund for States is It makes no sense to promote policies fact that we want inspectors general to necessary to avoid tax increases at the that encourage States to expand their be independent, but, unfortunately, the State and local level. We will also hear welfare rolls while loosening require- provision doesn’t stop there. that vital State services will be cut un- ments on States to provide work train- If you read a little further you will less the Federal Government cuts this ing, work experience programs or edu- find that the bill gives a new entity, big blank check to the States. But cation. At this critical time, these job the ‘‘Recovery Accountability and when asked to tie the taxpayer dollars training activities are even more im- Transparency Board’’ the authority to, to guarantees that the States will not portant than ever. request ‘‘that an inspector general con- raise taxes or cut services, we have These changes will not stimulate the duct or refrain from conducting an been turned back by Members on the economy nor will they lead to produc- audit or investigation.’’ It goes on fur- other side. tive jobs. In fact, these policies could ther to say that if an IG objects to I heard some folks on the other side trap families in deep and persistent being told what to do and acts inde- of the aisle claim the formula for dis- poverty. pendently—as we expect them to—he tributing the funds better targets relief Mr. President, that is clearly not or she must submit a report to that to the States that need it most by what we should be doing in this bill board, the agency they oversee, and to using unemployment rates in the for- and it is another reason why I am un- Congress within 30 days. Now, I don’t know about everyone mula. able to support the legislation. Using unemployment makes sense to Mr. President, I am back again to else around here, but that sounds to me target—there is nothing wrong with speak about some provisions that are like a lot of redtape for an independent watchdog to go about doing their job. that. But it doesn’t work if you then buried deep within this stimulus bill In fact, it is fitting that the acronym funnel the money for the States that was put together behind closed for this board is RAT, because that is through Medicaid. doors without input from the minority. what I smell here. Let me explain. Every State has a I know this was done behind closed But, most importantly, this provi- different sized Medicaid program— doors because I was a conferee to the sion strikes right at the heart of any negotiations and I wasn’t even in the some States have bigger Medicaid Pro- inspectors’ general independence. It ap- room. grams and some have smaller ones. pears to me that the majority that By using Medicaid to distribute the Now, I have always been a strong ad- crafted this bill, isn’t all that inter- 87 billion, the formula in the bill nec- vocate of opening up Government, making it more transparent, making it ested in transparency and account- essarily biases the funds towards ability. Let me say it loud and clear: I more accountable, and shedding some States with large Medicaid Programs, don’t like this one bit and from the sunlight on how the Government works like California, Illinois, Massachusetts chatter I hear, the IGs don’t like it ei- for the people. So, in that vain, I am and New York. ther—especially if it involves a crimi- here today to shed some light on provi- Now we’ll hear that those States nal investigation. need more because they have larger sions hidden away in the conference re- Now, some of my colleagues will say Medicaid Programs. But remember it port that will actually hurt trans- this isn’t too burdensome and that it only takes $10.8 billion to pay for en- parency and accountability of taxpayer will help coordinate the work of inspec- rollment-driven Medicaid spending in- dollars. tors general. Others say that the new creases. Inspectors general are the front line board will contain IGs who will have So States like California, Illinois, against fraud, waste, and abuse of tax- input so it won’t stifle investigations. Massachusetts and New York get fa- payer dollars at Federal agencies. They Both of these arguments lack merit vored treatment and everyone else gets are independent from the Federal agen- when you peel the onion back. short-changed. cies they oversee and are independent Any new limitation on the independ- Simply put, this way of targeting from Congress. They are the watchdogs ence of inspectors general is dangerous. misses the target. The formula in this that are responsible for sifting through Here, even though an inspector general bill clearly fails the targeting test of all the budgets and expenditures by is allowed to buck the new board and the three Ts. conducting audits, performing program continue an investigation they are told This bill also undermines key prin- evaluations, investigating allegations not to do, he or she must then put to- ciples of welfare reform. While it of wrongdoing, and working closely gether a report for that board, the makes sense to provide a safety net for with whistleblowers to uncover the agency that is being investigated, and families that have lost their jobs, this truth. Inspectors general point out Congress, all within 30 days. This will bill moves welfare policy in the wrong problems that need to be fixed and save take resources away from investigating direction. taxpayers billions of dollars a year. and auditing fraud, and turn a truly The historic Welfare Reform law They are integral to any effort to independent IG into a report writer. signed by President Clinton already stamp out waste and deter fraud and As to the argument about the make- has a built-in mechanism to help states abuse. So, I was pleased to see that up of the new board, it is true that in- during an economic downturn. That they weren’t forgotten in the bill and spectors general will make up the bulk law provides welfare contingency funds were given some more resources to of the board. However, it will be for States in economic need. oversee the billions in new spending. chaired by either: the Deputy Director But rather than make the existing However, tucked away in this bill is a of the Office of Management and Budg- contingency fund more accessible to provision that threatens to micro- et, a Presidential appointee confirmed States, this bill creates a new fund manage these independent watchdogs by the Senate, or any other individual that includes policies that are not con- in a manner that is contrary to not subject to Senate confirmation. So, sistent with the principles of meaning- only the spirit and intent of the Inspec- based upon this model, you could have ful welfare reform. tors General Act of 1978, but the 31 a situation where the President ap- For the first times since the abolish- years of results these dedicated fraud points a sitting Cabinet Secretary to ment of the aid to families with de- fighters have worked to achieve. oversee the board that oversees the in- pendent children program, this new I will point my colleagues to division spectors general that oversee the agen- fund gives States financial incentives A, page 465 of the conference report. cy run by the Secretary in charge of

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.003 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2302 CONGRESSIONAL RECORD — SENATE February 13, 2009 the board. I don’t want to even try to banking industry. According to an AP tremely hopeful that the provisions imagine the scenario where the head of article, the banking industry requested were going to be retained, because of the board is a private sector corporate more than 21,800 visas for foreign guest strong bipartisan support on both sides figurehead of a company that has a fi- workers over the last 6 years. At least of Capitol Hill. nancial conflict stemming from the 100,000 workers were laid off in the So I was really surprised to hear that fact that the company receives stim- banking industry in the past few House leadership stripped E-verify ulus money. The system this bill cre- months. Now that many qualified completely from the conference report. ates is not only unworkable; it is load- American bank employees are unem- Many people supported these provi- ed with potential for conflicts of inter- ployed, banks who want to hire work- sions and understood their importance. est that are simply mind blowing. ers shouldn’t have a hard time finding These E-verify provisions would have I also question the need for yet an- what they need from an American helped stimulate the economy by pre- other board full of Government offi- workforce. serving jobs for a legal workforce, so it cials. Why do we need yet another Gov- The Sanders-Grassley language re- is outrageous that they were not in- ernment entity? The inspectors general quires that a company receiving TARP cluded in the final conference agree- have worked cooperatively for years funds and applying for workers under ment. The American taxpayer is spend- via the President’s Council for Integ- the H–1B process must operate as an ing nearly a trillion dollars to spur the rity and Efficiency, PCIE, and the Ex- ‘‘H–1B dependent company.’’ This economy. It’s not much to ask that the ecutive Councils for Integrity and Effi- means they will still be able to hire H– companies receiving hard earned tax- ciency, ECIE, which are made up of in- 1B visa holders, but must comply with payer dollars actually make sure they spectors general. These entities were the H–1B dependent employer rules are employing legal workers. The ex- recently rolled into the Council of the which include attesting to actively re- clusion of both the E-verify reauthor- Inspectors General on Integrity and Ef- cruiting American workers; not dis- ization and the requirement that com- ficiency, CIGIE, by the Inspector Gen- placing American workers with H–1B panies getting TARP money have to eral Reform Act of 2008. This new board visa holders; and not replacing laid off use the E-verify program is truly a co- created by the stimulus bill will simply American workers with foreign work- lossal failure on the part of our con- duplicate already existing efforts in ad- ers. This restriction would last for 2 gressional leadership to stimulate the dition to hindering the independence of years. economy and ensure that jobs go to inspectors general. So this amendment would ensure legal workers. We have repeatedly recognized the that TARP recipients comply with The fight is not over. I am a strong need for independent IGs and we unani- strict hiring standards in order not to believer in the E-verify program. I will mously passed the Inspector General displace qualified American workers. continue to work with my colleagues Reform Act of 2008 that was signed into The bottom line is that if banks are to make sure that this important pro- law by President Bush last October. going to be getting TARP money— gram is reauthorized and utilized by as That law was passed because Congress American taxpayer money then they many employers as possible. and the IGs recognized that changes need to be hiring American workers. Mr. BINGAMAN. Mr. President, sec- were needed to strengthen the inde- While I support the H–1B program, it tion 405 of division A of this conference pendence of inspectors general. It in- needs to be used in the way it was in- report involves an amendment to sec- cluded simple, straightforward reforms tended and not to replace qualified tion 1304 of the Energy Independence such as ensuring each inspector general American workers. This amendment and Security Act of 2007, which is had access to independent legal advice helps to ensure that taxpayer money under the jurisdiction of the Com- free and clear of agency influence. It going to assist companies get back on mittee on Energy and Natural Re- seems to me we all agreed independ- their feet also helps American workers sources, of which I am the chair. It is ence was needed for IGs so long as it keep and/or get jobs. a provision that deals with the stand- occurred when there was a Republican Now, the bad news. I am extremely ards and protocols that will be used in President. I hate to think that there is disappointed that the final bill doesn’t Smart Grid demonstration projects. some conspiracy here, but when we include some very important E-verify With respect to these demonstration have all backed the independence of provisions. The House passed stimulus projects, the conference report states IGs in the past, you have to question bill included language to extend the E- that the Secretary of Energy ‘‘shall re- the change of direction buried deep verify program, a program that allows quire as a condition of receiving fund- within this bill. employers to verify the social security ing under this subsection that dem- This is a dangerous provision that numbers and legal status of newly onstration projects utilize open proto- will hamper oversight, restrict trans- hired employees. The E-verify process cols and standards (including Internet- parency, and damage the independence has been an extremely successful pro- based protocols and standards) if avail- of inspectors general. It works against gram for employers. In addition, the able and appropriate.’’ This is a clari- the pledge of transparency and ac- House passed stimulus bill included fication of language originally passed countability that President Obama has language that would have made it man- by the House of Representatives on the advocated for and puts another layer of datory for companies receiving TARP subject. It makes clear that all proto- bureaucracy between taxpayers and the funds to use the E-verify system when cols and standards used by Smart Grid truth about how the hundreds of bil- hiring new employees. These two provi- demonstration projects must be open. lions of dollars are spent. sions passed the House with broad bi- Some of those open protocols and Mr. President, I would like to talk partisan support. standards may involve sending infor- about an immigration provision that Here on the Senate side, my friend mation over the Internet. Others may was included in the final conference re- Senator SESSIONS filed several amend- use other means of data transfer. The port, as well as a couple that were not. ments to extend E-verify and require parenthetical inclusion of Internet- First, the good news. I was pleased to TARP recipients to use E-verify. I fully based protocols and standards under hear that the conference report re- supported those amendments. Unfortu- the requirement for open standards tained the Sanders-Grassley amend- nately, the good Senator from Alabama means nothing more than that to the ment to ensure businesses that receive was blocked from offering his amend- extent that an open standard uses the TARP funds go through a very rigorous ments to the Senate bill—even though, Internet, it is still an open standard, hiring process before employing new H– if given the chance, I am sure that his but (1) the universe of open standards 1B visa holders. Hiring American work- amendments would have passed with and protocols is not considered to be ers for limited available jobs should be the same overwhelming vote as the limited to only those which use the a top priority for businesses taking House amendments. Internet, and (2) the mere use of the taxpayer money through the TARP I was ready to support the House E- Internet would not cause a standard to program. With the unemployment rate verify provisions in conference. As we meet the criterion of being open if it at 7.2 percent, there is no need for com- all know, Republican conferees were were not otherwise an open standard. panies to hire foreign workers through shut out from any negotiation of this There is no intent in this language to the H–1B program—particularly in the conference report. But we were ex- discriminate for or against any given

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.036 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2303 open protocol or standard, or to pro- is often a target when times are rough ital markets are largely frozen to many of mote any one technology solution over and companies need to reduce costs. It our nation’s most innovative businesses. another, so long as they are available is in our collective interest as a coun- Further, this proposal will help to ensure and considered to be appropriate by the that U.S.-based R&D by smaller firms does try to help companies take a different not drastically decline or disappear as Amer- Secretary of Energy. The Senate ex- path during this economic downturn ica’s capital markets recover from the cur- pects the Secretary to conduct the and find ways to help innovative com- rent financial crisis. Failure by Congress to process of making awards under this panies sustain and increase their R&D move quickly to enact this temporary pro- authority in a way that ensures there spending now so they are better posi- posal could result in a sharp decline in R&D is no discrimination for or against any tioned to succeed when economic con- on cutting-edge technologies (many of which open protocol and standard that is oth- ditions turn around. are in fields where the U.S. is currently the erwise available and appropriate. I will ask to have printed in the global leader) and additional job losses. Ms. CANTWELL. Mr. President, the Investing in America’s intellectual infra- RECORD a letter from 11 technology-ori- structure is key to economic growth and in- Senate tonight will send to the Presi- ented, R&D-dependent trade associa- strumental in spurring entrepreneurial inno- dent the American Recovery and Rein- tions such as the Biotechnology Indus- vation and job creation. Innovative, re- vestment Act. I think this legislation try Organization, BIO, the Advanced search-intensive industries enhance Amer- is a first step not only in turning the Medical Technology Association, ica’s living standards while creating high- economy around in the short term, but AdvaMed, and others—that represent quality, high-paying jobs. American innova- also in laying the groundwork for re- companies employing hundreds of tion is increasingly challenged by more rig- orous global competition and the future of building and growing it over the near thousands of U.S. workers reliant on and longterm. But we need to do much the American economy depends on critical our commitment to intellectual infra- investments today to lay the groundwork for more. structure. the breakthroughs of tomorrow. Without in- I think it is important to lay down a This letter was recently sent to all vestment in these fields, the U.S. will find it marker right now that our job on re- members of the Senate Finance Com- more difficult to compete in a 21st century building this economy is not finished. mittee and outlines an approach that global economy. We must continue to focus on making would allow small businesses to accel- We respectfully urge you to invest in America’s intellectual infrastructure by in- the right kind of investments, ones erate their use of accumulated net op- that help us realize our maximum eco- cluding a proposal to accelerate the utiliza- erating losses, NOLs, if they invest in tion of NOLs in the upcoming economic re- nomic potential and ones that update U.S.-based research and development. covery and reinvestment legislation. We our economic engines for the 21st cen- Expanding incentives to encourage thank you for your consideration of this re- tury and beyond. To do this, we must more R&D activity in the United quest and we look forward to working with make a commitment to invest in our States will be essential to the Amer- you to get our economy moving again in a capacity to innovate and in our capa- ican innovators who are developing the way that protects and creates the high-pay- bility to commercialize new tech- technologies of the future. ing jobs associated with America’s innova- nologies and discoveries. We must commit to considering new tion economy. I have worked with many of my col- Sincerely, and thoughtful legislative approaches James C. Greenwood, President and CEO. leagues, especially Chairman BAUCUS like this one that can truly move us Biotechnology Industry Organization; and Senator HATCH, on bolstering the forward in creating the high-quality, Stephen J. Ubl, President and CEO, Ad- incentives that support our country’s high-paying jobs of this century, and I vanced Medical Technology Associa- research capabilities. look forward to working with my col- tion; Mark G. Heesen, President, Na- For example, I have long been a sup- leagues on these issues. tional Venture Capital Association; porter of making the R&D tax credit Mr. President, I ask unanimous con- Mark B. Leahey, President and CEO, permanent. I continue to believe that sent that the letter to which I referred Medical Device Manufacturers Associa- tion; Jonathan Zuck, President, Asso- we have done ourselves a tragic dis- be printed in the RECORD. service by failing to provide long-term ciation for Competitive Technology. There being no objection, the mate- Marianne Hudson, Executive Director, predictability to the very businesses rial was ordered to be printed in the that are driving economic growth and Angel Capital Association; Patricia Record, as follows: Glaza, Executive Director and CEO, are at the frontline of every innovation JANUARY 15, 2009. Clean Technology and Sustainable In- and discovery that moves us forward as Hon. MAX BAUCUS, dustries Organization; Sean Murdock, a society. Chairman, Senate Finance Committee, Wash- Executive Director, NanoBusiness Alli- We all know that if the high-wage ington, DC. ance; Zack Lynch, Executive Director, jobs of the future are going to be cre- Hon. CHARLES B. RANGEL, Neurotechnology Industry Organiza- ated in the United States we have to Chairman, House Ways and Means Committee, tion; Bretton Alexander, President, make the necessary investments in in- Washington, DC. Personal Spaceflight Federation; F. tellectual infrastructure to keep Amer- Hon. CHARLES E. GRASSLEY, Mark Modzelewski, Founder and Presi- ican business competitive in the global Ranking Member, Senate Finance Committee, dent, Water Innovations Alliance. economy. Washington, DC. Mr. LEAHY. Mr. President, today, Investing in America’s intellectual Hon. DAVE CAMP, the Congress considers critical legisla- Ranking Member, House Ways and Means Com- tion to renew America’s promise of infrastructure is key to economic mittee Washington, DC. growth and instrumental in spurring DEAR CHAIRMAN BAUCUS, RANKING MEMBER prosperity and security for all of its entrepreneurial innovation and job cre- GRASSLEY, CHAIRMAN RANGEL, AND RANKING citizens. I am pleased that the greatly ation. It is just as important as our MEMBER CAMP: The thousands of companies needed relief provided in the American commitment to physical infrastruc- represented by our organizations, and the Recovery And Reinvestment Act in- ture. U.S. workers they employ, are key drivers of cludes an investment in health infor- Yet, thousands of companies employ- the innovation that enables America to com- mation technology that takes mean- ing U.S. workers in cutting-edge, re- pete in today’s global marketplace. As such, ingful steps to protect the privacy of search-oriented industries such as bio- we respectfully request Congress take action all Americans. in the upcoming economic recovery package I have long held the view that Amer- technology, high technology, and clean to invest in America’s intellectual infra- technology are suffering from the same structure to support and create the high- ican innovation can—and should—play fate that has affected our U.S. manu- quality, high-paying jobs of the 21st century. a vital role in revitalizing our economy facturing companies. Without credit Specifically, we ask that you support ef- and in improving our Nation’s health markets properly functioning and with forts to spur U.S.-based research and devel- care system. That is why I have little to no investment from the equity opment (R&D) during the economic down- worked so hard with the lead sponsors markets or venture capital, this next turn by allowing small businesses to elect a of this bill to makes sure that privacy generation of job creators will shrink one-time accelerated use, at a discount, of a was addressed at the outset, as our Na- portion of their accumulated net operating and become less competitive in the losses (NOLs) in exchange for giving up the tion moves towards a national health global economy if we do not take ac- future tax benefits associated with those information technology system. tion. losses. This proposal, if enacted, will help I commend the lead sponsors of this Economic analysis tells us that be- America’s cutting-edge companies weather a legislation in the House and Senate, cause R&D doesn’t produce fast cash it difficult storm at a time when the U.S. cap- Majority Leader REID, and Speaker

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.035 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2304 CONGRESSIONAL RECORD — SENATE February 13, 2009 PELOSI for making sure that the eco- cess with more work on health infor- structure. These projects immediately nomic recovery package includes mation privacy on behalf of all Ameri- create jobs and play a critical role in meaningful privacy safeguards for elec- cans. protecting public health, improving the tronic health records. I also commend Mr. LEVIN. Mr. President, the Amer- environment, and creating a sustain- the many stakeholders, including, the ican people are counting on us to act to able and strong economic climate in Center for Democracy & Technology, stabilize and revitalize the economy, which commerce can thrive. Specifi- the Vermont Information Technology and passage of the American Recovery cally, Michigan is slated to receive Leaders, Inc., Consumers Union, the and Reinvestment Act is an essential more than $150 million to address American Civil Liberties Union and part of that effort. I am encouraged by wastewater projects, and $70 million to Microsoft, that have advocated tire- how promptly the Senate and House upgrade water mains, leaking pipes, lessly for meaningful health IT privacy have been able to reach a compromise and water treatment plants. These job- protections in this legislation. on this critical legislation. I support creating water infrastructure projects The privacy protections in this legis- final passage because it will create jobs will address current needs in Michigan, lation are essential to a successful na- and make investments to bolster our while investing in upgrades that will tional health IT system. Without ade- economy in both the short and long- prepare us for years to come. In addi- quate safeguards to protect health pri- term. tion, this legislation contains $200 mil- vacy, many Americans would simply The Nation is in a deep recession and lion for environmental infrastructure not seek the medical treatment that the situation is particularly dire in that the Army Corps would manage. In they need for fear that their sensitive Michigan where the unemployment Michigan, this funding could be used to health information will be disclosed rate is the highest in the country. The address combined sewer overflows, without their consent. Likewise, Bush policy, still supported apparently which dump harmful pollutants into health care providers who perceive the by all but three Republicans, was a the Great Lakes. privacy risks associated with health IT failure. It provided repeated tax cuts to Additionally, the conference com- systems as inconsistent with their pro- the wealthy with the hope that some of mittee legislation contains $750 million fessional obligations would avoid par- it would trickle down to help those for the National Park Service, NPS. ticipating in a national health IT sys- who really need it. The NPS has a significant backlog of deferred maintenance projects that can tem. The legislation before us will provide The economic recovery package in- tax breaks to our working families. It be started within the next 18 months cludes several of my recommendations will provide a tax cut to 3.9 million which will create jobs and help restore to better protect Americans’ health in- Michigan workers, and allow over and enhance our national treasures. formation privacy. First, the provi- 120,000 Michigan families to benefit Michigan’s four National Park units sions give each and every American the from a tax credit to make college more and the North Country National Scenic right to access his or her own elec- affordable. This legislation will also Trail have significant funding needs, tronic health records, and the right to create or save 3.5 million jobs over the and a number of projects have been de- layed for years. I am hopeful that the timely notice of data breaches involv- next 2 years, including jobs in health NPS will direct a sizable portion of the ing their health information. The re- care, clean energy and construction. It $750 million included in the package to covery package also imposes critical will also strengthen the social safety address the significant needs of Michi- restrictions on the sale of sensitive net by increasing unemployment insur- ance benefits by $100 a month for over gan’s parks and trails. health data and on the use of Ameri- I am pleased that the $100 million for cans’ health data for marketing pur- 1 million Michigan workers. That is why it is so important that brownfields competitive grants can be poses. Lastly, the legislation makes we take aggressive action now. awarded for both cleanup and site as- sure that the Secretary of the Depart- Job creation must be our No. 1 pri- sessment projects. I asked the con- ment of Health and Human Services re- ority as we work to turn the economy ferees to expand the flexibility for ceives input from individuals with spe- around, and jobs are the focus of this these grants so that more Michigan cific expertise in health information conference report. Shovel-ready infra- communities could benefit from this privacy and security, as the Secretary structure projects are the most imme- funding, and I am pleased that the final develops a national health information diate way to create jobs and get the bill contains this broader language. technology system. economy moving quickly. The recovery The funding in the conference report These and many other privacy safe- plan includes $48 billion in funding for will create jobs by making smart in- guards in the bill will help tackle the ready-to-go road, bridge, rail and other vestments in technology and mod- difficult, but essential task of ensuring projects to immediately and directly ernization efforts that will continue to meaningful health information privacy create jobs. This legislation is expected pay dividends by helping us compete in for all Americans. But, we can—and to provide Michigan with approxi- the global economy. I am especially should—do more. There is much more mately $1 billion dollars in highway pleased the bill includes $2 billion in to be done to ensure that Americans and transit formula funds, allowing for grants to encourage companies to in- have greater control over their own significant repairs to roads and bridges vest in the development and production electronic health records. Another crit- and purchases of buses for our public of advanced batteries and battery sys- ical issue is the use of new technologies transit authorities. There is additional tems, which will fuel the energy-effi- to better secure sensitive health funding which will hopefully result in cient vehicles of the future and make it records, so that data breaches involv- investments in the Midwest High-Speed more likely they will be produced in ing health and other sensitive personal Rail corridor, and improvements to U.S. factories. In so doing, the con- data do not occur in the first place. Amtrak that can help bring commuter ferees have adopted the Senate ap- Yesterday, we celebrated the bicen- rail to Michigan. proach of focusing exclusively on grant tennial of the birth of our Nation’s 16th I am hopeful the Army Corps will di- funding rather than loan guarantees, President—Abraham Lincoln—who rect a significant portion of the $4 bil- which I believe will go much further in once remarked that ‘‘you cannot es- lion toward the Great Lakes to address providing American manufacturers the cape the responsibility for tomorrow the backlog of ready-to-go projects and resources and support they need to by evading it today.’’ We all have a re- maintain this vital maritime highway manufacture these batteries in U.S. fa- sponsibility to ensure quality health of the Midwest. cilities. This funding is critical because care that is both efficient and respect- I am also hopeful that the EPA will battery manufacturers and other man- ful of all Americans’ privacy rights. I direct a portion of its funds for clean- ufacturers are deciding now where to am pleased that the Congress acted to ing up contaminated sediment under locate their production facilities, and address the issue of health information the Great Lakes Legacy Program. One we cannot afford to lose those facilities privacy at the outset of the ambitious report concluded that there is a 21⁄2 to and the associated jobs to other coun- effort to fully digitize America’s health 1 ratio of return on a Federal invest- tries that are willing to offer greater records during the next 5 years. During ment on restoring the Great Lakes. financial incentives than we are. the months and years ahead, Congress The recovery package also contains I am also pleased that the conference must build upon this early privacy suc- $6 billion in funding for water infra- report includes significant measures to

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.027 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2305 expand the American market for ad- State Fiscal Stabilization Fund, in- Together, the provisions in this bill vanced technology vehicles. It will cluding $40.6 billion to local school dis- offer significant hope for our Nation’s make these vehicles more affordable tricts using existing funding formulas, economic future. Still, a comprehen- for consumers by increasing the avail- which can be used for preventing cut- sive economic recovery effort is bal- ability of consumer tax credits for backs, teacher layoffs, or other pur- anced on a three-legged stool con- plug-in hybrid vehicles. Instead of poses; $5 billion to States as bonus sisting of creating jobs, unfreezing making the tax credit available only grants for meeting key performance credit markets, and addressing the for a total of 250,000 vehicles as is in measures in education; and $8.8 billion housing crisis, including reduction in current law, the conference report will to States for high-priority needs such the flood of foreclosures. make these tax credits available to as public safety and other critical serv- As the housing crisis worsens, I will consumers who purchase the first ices, which may include modernization, continue to urge Treasury to move 200,000 plug-in hybrid vehicles sold by renovation and repairs of public school quickly to implement a loan modifica- each manufacturer. Taking this impor- facilities and institutions of higher tion program to help prevent avoidable tant step will help America get to the education facilities. foreclosures. While much still remains goal set forth by President Obama of The bill includes $3.95 billion for job to be done with respect to ending the putting 1 million plug-in hybrid vehi- training including State formula crisis in our financial sector, the finan- cles on the road by 2015. I am pleased grants for adult, dislocated worker, cial stability outline put forth by that the conference report also in- and youth programs, including $1.2 bil- Treasury Secretary Tim Geithner this cludes some funding for Federal agen- lion to create up to 1 million summer week outlined some new approaches so cies to aggressively lease alternative jobs for youth. The training and em- that recipients of the so-called TARP energy vehicles—such as hybrid vehi- ployment needs of workers will also be funds will cooperate with mortgage met through dislocated worker na- cles—to support a wide variety of agen- foreclosure mitigation programs and tional emergency grants, new competi- cy missions. Government leasing of provide reports of how the Federal tive grants for worker training in high these vehicles will help stimulate pro- loans are used and will expand their growth and emergency industry sec- duction of these vehicles. We cannot lending. This is a positive step in the just preach about the need to produce tors, with priority consideration to training for ‘‘green’’ jobs, including right direction toward resuming the these vehicles. We must lead the way preparing workers for activities sup- flow of credit, but Congress must con- in purchasing them, even though their ported by other economic recovery tinue to exercise stringent oversight of up-front cost is greater. the TARP program and we must work The conference report also makes a funds, such as retrofitting of buildings, green construction, and the production to reform our financial system to re- clarification in the Tax Code to pre- of renewable electric power. store commonsense regulation of this vent an unintended tax consequence It includes $13 billion for title 1 to industry. that would have hurt auto companies help close the achievement gap and en- This legislation represents a signifi- and others receiving TARP funds. This able disadvantaged students to reach cant and essential step in stabilizing clarification will limit section 382 of their potential; $12.2 billion for special our economy. The infrastructure the Tax Code in instances where a education/IDEA to improve educational projects will create Michigan jobs, the change in corporate control is the re- outcomes for disabled children. This tax provisions will help Michigan fami- sult of restructuring required by the level of funding will increase the Fed- lies and the investments in technology Government pursuant to a TARP eral share of special education services and modernization will pay dividends agreement. This maintains the clear to its highest level since the inception for years to come. While there are intent of 382 while preventing unin- of the program. Finally, the bill pro- major challenges before us that we tended results that would have hurt vides $15.6 billion to increase the max- must address in order to end this reces- these companies at the very time the imum Pell grant by $500, which will sion, passage of the Economic Recov- Government is stepping in to help. help 7 million students pursue postsec- ery and Reinvestment Act will give us This legislation also helps those who ondary education. Further, the bill in- some urgently needed momentum. have lost their jobs by including impor- cludes $2.1 billion for the Head Start Mr. AKAKA. Mr. President, I support tant measures that will help States and Early Head Start to allow addi- the conference report for H.R. 1, the modernize their current unemployment tional children to participate in this American Recovery and Reinvestment insurance programs and includes ad- proven program, which provides devel- Act. This vital legislation will create ministrative dollars and funds to opment, educational, health, nutri- jobs, ensure that States can continue incentivize States to do this. For my tional, social and other activities that to provide essential health and social home State of Michigan this means prepare children to succeed in school. services, improve education, and assist they will receive more than $90 million The tax provisions in this legislation veterans. straight away. This plan will also pro- will create a refundable tax credit of This legislation will create jobs by vide a further extension of unemploy- $400 for working individuals and $800 encouraging innovation for the devel- ment benefits which will help the more for working families, covering 95 per- opment of clean energy and strength- than 400,000 unemployed workers in cent of working families. Taxpayers ening our Nation’s infrastructure. Ad- Michigan who are unable to find a job can receive this benefit through a re- ditionally, the legislation includes in these hard economic times and the, duction in the amount of tax that is funding for the Economic Development on average, 13,000 individuals whose un- withheld from their paychecks, or Administration to create additional employment benefit will expire this through claiming the credit on their economic opportunities. month alone. Additionally, it will pro- tax returns. This will mean direct and Our States are confronted with de- vide an additional $100 per month in immediate relief for nearly 4 million clining revenue while citizens have in- unemployment benefits, pumping Michigan workers and their families. creasing health care and social service money directly into depressed eco- The legislation also expands the child needs. This bill will provide funding to nomic areas and exempts the first tax credit and the earned-income tax States so that they can continue to $2,400 unemployment benefits from in- credit to ensure that more low-income provide health care coverage and essen- come tax, meaning more of these funds families get the full benefit. There is tial social services that will help our can go to recipients and help grow the also a new, partially refundable $2,500 constituents in this great time of need. economy. tax credit that will help make 4 years States must be good stewards of these The bill provides funding for impor- of college more affordable for an esti- resources and utilize them for their in- tant job training in new and expanding mated 121,000 families in Michigan. For tended purposes. This recovery bill will fields, as well as funding to enhance many struggling families, these tar- also provide relief to workers and fami- and expand education initiatives aimed geted tax cuts will help them make lies hardest hit by the economic reces- at ensuring that our next generation of ends meet in these tough times. Put- sion. Americans is able to meet the chal- ting extra money in families’ pockets In order to ensure that we have a lenges of a global economy. Specifi- will offer an immediate boost to the well-educated workforce both now and cally, it includes $53.6 billion for the economy. in the future, I am pleased to support

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.034 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2306 CONGRESSIONAL RECORD — SENATE February 13, 2009 the provisions included in the Amer- Mrs. FEINSTEIN. Mr. President, I But faced with a choice of taking ac- ican Recovery and Reinvestment Act rise today to offer my support for the tion to confront this crisis, or simply designed to increase and support edu- American Recovery and Reinvestment dithering away as families lose their cational opportunities for our coun- Act of 2009. jobs, their homes and their hope, I try’s children as well as provide much Our economy is in dire straits. And think the choice is clear: We must sup- needed resources and infrastructure urgent action is required to get the port this economic recovery package. improvements for educators nation- economy moving and reverse the President Obama inherited an un- wide. The establishment of a State Fis- alarming trend of job loss that is cur- precedented fiscal mess when he took cal Stabilization Fund will help rently plaguing our cities. office last month: National debt: $10.7 schools suffering during this difficult This Nation is in the grip of the most trillion; this year’s budget deficit: $1.2 economic time to retain teachers and serious recession in more than seven trillion, projected; GDP: Fell by 3.8 continue programs vital to helping stu- decades. American families are increas- percent last quarter 4th quarter 2008, dents achieve their academic potential. ingly facing tough choices as economic the worst showing in 26 years; unem- I also applaud the inclusion of $100 mil- indicators tumble across the board. ployment is skyrocketing: 7.6 percent lion for impact aid. Due to the signifi- Bad news has fallen like a row of nationwide. Since the recession started cant military presence in Hawaii, these dominoes. Our current economic situa- in December 2007, 3.6 million jobs have funds are vitally important to Hawaii’s tion is a result of many different prob- been lost. More than 598,000 jobs were public schools. lems, all developing at the same time. lost in January. Economists say 3 mil- I have been working, along with The major factors: The collapse of the lion more could be lost by the end of other members of the Veterans’ Affairs subprime housing market sent this year. Committee, to advocate for the needs shockwaves through the financial sec- In California we have a 9.3 percent of veterans in the context of this recov- tor of the American economy. This was unemployment rate, Dec. 2008. There ery and reinvestment bill and am the direct result of a scheme in which are at least 1.7 million unemployed pleased that the conference report in- poorly underwritten loans promoted by workers in California. We have the unregulated mortgage brokers and cludes funding that will benefit VA and fourth highest foreclosure rate in the lenders were sliced, diced, securitized the veterans it serves. Nation. There were 837,665 foreclosures Although I wanted the final agree- and spread all over, with severe con- filed in 2008 up 110 percent from 2007. ment to include more of the Senate’s sequences that are global in scope. Un- State budget deficit has reached $42 shovel-ready projects to improve regulated markets schemes like this billion. This has real and serious impli- were a fertile breeding ground for greed health care and other services veterans cations. and fraud. The Enron scandal of the receive from VA, I am grateful the con- The Governor has had to halt public late 1990s was a smaller-scale pre- ference report includes more than a infrastructure projects. Public employ- cursor, costing taxpayers billions of billion dollars in immediate funding ees are being furloughed and local gov- dollars and ending in the collapse of that will create jobs while improving ernments are planning to slash the the energy giant, as well as the loss of services for veterans. critical services upon which taxpayers hundreds of millions of dollars in The conference report also includes depend. Enron investments held by more than $50 million to make key improvements The bill before us will not solve every 50 mutual funds and insurance compa- to Veterans Benefit Administration IT problem, but it will provide funding for nies. critical investments that will create systems and $150 million to provide a Enormous State deficits have deep- jobs and get our economy moving temporary increase in claims proc- ened with the combined effects of again. essing staff. rampant foreclosures and plummeting First, transportation: $29 billion for In addition, there is $50 million in- property values which have signifi- highways and bridges. California’s cluded in the conference report that is cantly cut into revenues. And local share by formula will be at least $2.6 intended for VA’s National Cemetery governments, trying to maximize re- billion; $8.4 billion for public transit— Administration. This funding will be turns for taxpayers with investments used to provide much needed cemetery in firms like Lehman Brothers, have i.e., subway, bus, and light rail infrastructure support and repair and lost their money. They are looking to projects. California’s share by formula investment in VA’s National Shrine the State for help, and the State is will be $1 billion; $1.3 billion for Air- Initiative. I believe the funding will looking to the Federal Government for port capital improvements, funding al- help meet our obligation to provide help. located by competition; and $9.3 billion final resting places for veterans and The financial sector is currently held for intercity passenger rail, including honor their service. aloft by a lifeline from the federal gov- $8 billion targeted at building high As helpful as this infusion of funding ernment. Main Street is also looking to speed rail funding allocated by com- will be, more resources are needed. I re- Washington to provide an injection of petition. mind all of my colleagues that these financial stability. In total, the bill provides roughly $50 funds only begin to address existing, There are many different vectors of billion for transportation. These unmet needs. When it is time to begin this economic crisis. But there is only projects will not only modernize the work on the new budget, we must pro- one sure solution. And that is the infu- corridors used to transport passengers vide a robust VA appropriation to meet sion of large amounts of capital into and goods that move across America, the new fiscal year’s costs. the marketplace from the only place they are also a critical part of the jobs I am glad that the conference report with the capacity to do so, which is the creation goal of this package. retains a provision to make sure that Federal Government. Experts estimate that between 27,000 certain veterans facing financial hard- It is time to give the American peo- to 37,000 jobs are created for every $1 ship in this time of uncertainty receive ple some good news for a change. It is billion invested in transportation an economic recovery payment. I will estimated that the bill could help sus- projects. So an estimated 1.5 million continue to work with my colleagues tain and create up to 3.5 million jobs jobs could be generated by transpor- to secure additional resources for VA. over the next 2 years—with 396,000 in tation projects funded in this bill. I commend my colleague, Senator California alone. Second, water. We have a huge water INOUYE, for his ongoing advocacy on be- The bill before us is far from perfect. infrastructure problem in this country. half of the Filipino veterans of World But we need to give the President the The Government Accountability Office War II. This conference report contains flexibility and resources he needs to and EPA report that the nation faces a an authorization for a lump sum pay- create jobs and revive our ailing econ- $300–500 billion water and wastewater ment for funds that were appropriated omy. funding gap over the next 20 years. last session for these veterans. This bill will not meet every need, That is why it is so important that this I look forward to having the con- and some difficult choices have been bill includes a substantial investment ference report signed into law quickly made in order to move it forward with in water infrastructure: so that we can begin our economic re- the 60 votes it needed to secure passage Army Corps of Engineers: $4.6 billion covery and assist our citizens in need. in the Senate. for construction, maintenance, etc.,

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.062 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2307 that will create 37,000 direct jobs and It invests in a ‘‘smart grid,’’ putting erated upon over the past few weeks. 102,000 indirect jobs; clean water and $4.5 billion into an effort to improve And let me say, I well recognize this drinking water state revolving Funds: electricity delivery through tech- process got off to a less than stellar $6 billion. California would receive $444 nology. start. million; Bureau of Reclamation: $1 bil- The legislation will allow WAPA to And yet, especially given that people lion, including $126 million for title build new powerlines, to deliver renew- look to the Senate to temper the pas- XVI Water Recycling and Reuse able electricity to California con- sions of politics—to provide an institu- Projects. sumers who would otherwise continue tional check that ensures all voices are The U.S. Department of Commerce to depend on coal power. heard and considered—should we have Bureau of Economic Analysis esti- And finally, this legislation estab- allowed that inauspicious beginning to mates that for each additional job cre- lishes a grant program at DOE and ex- establish a permanent detour from ul- ated in the water and sewer industries, pands a loan guarantee program. timately passing an economic stimulus 3.68 jobs are created in all industries. These two steps will help capital in- package that economists from across So, investing in these projects will tensive wind, solar, geothermal, and the political spectrum have said is ur- help create millions of jobs here at cellulosic biofuels projects move for- gently required? home, and better protect human health ward even at a time when financing I believe the answer to that question and the environment. This is a vital in- capital projects has become all but im- is no. And in that light, I extend my vestment. possible. gratitude to Majority Leader REID for Third, housing. Bottom line: these are all invest- bringing us together in forging the It is widely recognized that the roots ments that will either provide an im- much improved package we consider of this economic recession were in the mediate benefit to local economies by today. I thank Chairman BAUCUS and bursting of the housing bubble. Last adding jobs or will help shore up the Ranking Member GRASSLEY of the Sen- year, there were more than 830,000 fore- safety net for Americans who have ate Committee on Finance, Chairman closures filed in California alone, an in- been hit by the crisis. INOUYE and Ranking Member COCHRAN crease of more than 100 percent over This is a very welcome sum of invest- of the Senate Committee on Appropria- 2007. ment in States that are facing grim tions, as well as Senators COLLINS, So it is important that the bill scenarios today. SPECTER, NELSON, and LIEBERMAN for makes a major commitment to stabi- One headline in the Monterey Herald their yeoman leadership in yielding lizing the housing market—and to recently asked whether the ‘‘Golden this consensus-based solution. I also helping hardworking Americans avoid State is rusting.’’ thank those who argued against this the devastating loss of their homes But the truth is, California is not package—because, frankly, I agreed through foreclosure. alone in suffering these consequences. The bill provides a public housing with a number of their arguments, and Every State in the Union is feeling the capital fund of $4 billion to help local ultimately the concerns expressed have painful effects of this downturn, and public housing agencies address a $32 helped to improve this final product. every State needs this injection of in- Indeed, we lost 3.6 million jobs since billion backlog in capital needs. Cali- vestment at this critical time. the onset of the recession, the most fornia’s share by formula will be $118.5 President Obama has stated clearly since 1945. The Department of Labor million; home investment: $2.25 billion that this economic recovery package is has reported the number of people re- for State and local governments to ac- the tool he needs to get our economy ceiving unemployment benefits has quire, construct, and rehab affordable back on track and move this country reached 4.8 million, an all-time high housing. It is critical that Congress do what- forward. since record keeping began in 1967—and The millions of people who are losing ever we can to help restore and foster that doesn’t include the nearly 1.7 mil- their jobs and their homes have no use the American dream of home owner- lion getting benefits through an exten- for partisan bickering. Re-enacting ship—and this bill is part of that effort. sion last summer. At the end of Janu- Fourth, the bill also boosts funding Washington’s usual ideological battles ary, we learned that the economy for our Nation’s health care and edu- won’t stop any companies from shrank at its fastest pace in nearly 27 cation systems and provides increases downsizing, free up any credit for busi- years in the fourth quarter of 2008. Our for other safety nets, including: nesses in need, or put food on the table gross national product dropped at a 3.8 $87 billion for Medicaid. California of a family in need. percent annual rate, worst since 1982. will receive an estimated $10 billion; Candidly, I would have written a very And with more than 11 million job- $13 billion for title I education; $12.2 different bill than the one before us. less Americans today, inaction has, billion for special education; $2.1 bil- And there are some aspects of this bill frankly, never been a viable option. In lion for Head Start and Early Head that I would still like to change—I fact, economist Mark Zandi of Moody’s Start; $20 billion for additional food would have liked to see more job-cre- Economy.com—who advised both Presi- stamps benefits; and an additional $100 ating infrastructure projects and fewer dential candidates McCain and Obama, per month in unemployment insurance costly tax cuts. I might add—projects an even higher benefits. But despite the imperfections in this unemployment rate of a remarkable Finally, Energy. bill, I believe we must recognize the 11.1 percent—should we fail to pass a This legislation makes a serious enormous task at hand by providing vigorous economic stimulus package. down payment towards our permanent the president with the resources he That is 11.1 percent—and that is unac- shift away from fossil fuels and to- needs to get the job done. ceptable. We cannot stand on the side- wards a more sustainable energy sys- This bill is a major part of that ef- lines. tem. fort, and it should be approved. That is why I have said from the out- The bill invests in efficiency, pro- Ms. SNOWE. Mr. President, I rise on set—as I stated on the Senate floor at viding $5 billion to weatherize the this occasion to speak on the economic the beginning of last week—that I homes of low income individuals stimulus conference report that is be- wanted to support a stimulus package. through the Weatherization Assistance fore this chamber—at a time when we But at the same time as I also said, I Program. face the longest and deepest recession could not support just any package. It also establishes a tax credit for 30 since World War II, and a moment of The fact is, we are confronting a multi- percent of the cost to homeowners that economic peril not seen since the days dimensional crisis that requires a weatherize their own homes, and pro- of the Great Depression almost 80 years multidimensional approach, and we can vides cities with $3.2 billion in block ago. ill afford to get it wrong. grants to assist them with building There has been a great deal of Our approach must be successful, as codes, efficiency improvements to their healthy and vigorous debate about this it must also go hand-in-hand with mon- own facilities, and renewable energy stimulus package—here in the Con- etary policy to ensure that vital cred- projects. gress and certainly throughout Amer- it—that is the lifeblood of our econ- These efforts will help us realize the ica—and rightfully so, given the mag- omy—is flowing to American individ- goal of weatherizing millions of homes. nitude of the legislation we have delib- uals and businesses.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.070 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2308 CONGRESSIONAL RECORD — SENATE February 13, 2009 Already Congress passed a rescue At the same time, the package isn’t visions, $311 billion in discretionary plan for financial institutions, but the only right—it is right sized. As the spending appropriations, and $192.4 bil- lending expected to free up our credit President has stated, we will lose $2 lion in nondiscretionary spending markets has yet to take effect. Al- trillion in consumer demand this year items more narrowly focused on job ready, the Treasury Department has and next—demand, I might add, that creation and assistance to those dis- issued a second component to the res- must be ‘‘backfilled’’ in our economy placed. cue plan, which I might add is regret- with a substantial investment in both On the spending side of the ledger, we tably long on aspirations and short on tax relief and targeted, effective ex- demonstrated our commitment to job details. And already the Federal Re- penditures that will create jobs. The creation by investing in infrastructure. serve has essentially exhausted its op- fact is, given the monumental level of For example, the compromise acceler- tions to improve the economy through this recession, we can’t just be throw- ated the timeline for spending out 50 monetary policy, having reduced inter- ing pebbles in the pond. Rather, we re- percent of the money for roads and est rates to zero—something else that quire the ripple effect of a boulder— bridges from 180 days to 120 days—with hasn’t happened since the 1930s—and while at the same time ensuring that the remaining 50 percent required to be lent more than $1 trillion to stabilize this is not an open-ended passport to obligated within one year—to further the financial and credit markets. So, as spending in perpetuity. frontload the stimulative effect. Right I said during the mark-up in the Sen- I know that there are those who now, the U.S. Conference of Mayors has ate Finance Committee, we ought to criticize the top-line number on this a list of nearly 19,000 shovel-ready remember that for us, in crafting fiscal package. And given this legislation is projects nationally, totaling almost policy to meet this historic challenge, deficit-financed, the cost and the stim- $150 billion. Moreover, the Federal there are no ‘‘do-overs.’’ ulative affect of each of the elements Highway Administration projects that That is why I have said repeatedly of this bill should be of concern to all for every one billion dollars spent, that this isn’t about how much we 28,500 jobs are created, and with the 7.5 of us. I said on the floor at the begin- label as ‘‘tax relief’ and how much we billion contained in this Conference ning of this process that we cannot label as ‘‘spending.’’ Rather, in the Report for highways alone. That is overload this bill with items that are final analysis, it’s been about the mer- 783,750 jobs just for roads and bridges. not within the strictures of stimulus. its of the individual measures in this We included $40 billion for enhancing legislation, and whether the totality of We must ensure that programs that unemployment insurance as CBO said a package can deliver job creation and may well be worthwhile policy but not last year that the cost-effectiveness of assistance to those who have been dis- economic stimulus are not considered such a policy for stimulative effect is placed—because both elements are es- in this package, and instead are vetted ‘‘large’’. . . the length of time for im- sential to turning the economic tide through the budget and regular legisla- pact is ‘‘short’’. . . and recently, and aligning our nation for a more tive process. We cannot, under the aus- Moody’s Economy.com estimated that prosperous future. In short, the chal- pices of stimulus legislation—open the every dollar spent on unemployment lenge has been to fashion a measure door to permanent spending that ex- benefits generates $1.63 in near term that meets the ‘‘what works’’ test. ceeds the life and purpose of what is be- GDP. I thank Chairman BAUCUS for in- Critical to that test is whether a fore us today. cluding in this conference report my stimulus measure is timely, targeted, But in terms of the actual size of the provision to exclude the first $2,400 of temporary, and achieves the critical package, let’s consider for a moment unemployment benefits from taxation, equilibrium of creating jobs and assist- the economic stimulus packages passed to further maximize the provision’s ing those displaced by this economic in 2001 and in 2003—and compare the stimulative impact. And as increasing crisis through no fault of their own. cost of those measures with the cost of food stamps is also among the most im- There has been widespread agreement, this package, and the economic condi- mediate and effective stimulative steps even from the harshest critics of this tions at those times, with the far worse we can take—we provided $19.9 billion bill, that economic stimulus must meet economic conditions of now. to do just that. this standard. That is exactly what a In June 2001, when the economy was I am also particularly pleased, as Washington Post editorial called for in recession as well, we responded with ranking member of the Small Business when it advocated a focused stimulus a $1.35 trillion package. In the quarter Committee, that we included such crit- as the most viable approach. And after when that bill passed, the economy ical job-creation funding as $730 mil- a week of intense, bicameral negotia- grew by 1.2 percent, and unemployment lion for the Small Business Adminis- tions and compromises, this economic was at 4.5 percent. In 2003, we passed a tration’s lending programs. This spend- stimulus package—while not what ev- bill that was essentially a trillion dol- ing is targeted toward increasing ac- eryone may have wanted—while not ev- lar package masquerading as a $350 bil- cess to capital and lowering the cost of erything I would have wanted—meets lion bill. During the spring of 2003, capital for our Nation’s small busi- that threshold. when that bill passed, the economy nesses that have created fully two- It has not been easy arriving at this grew by 3.5 percent and unemployment thirds of America’s net new jobs, that point. At the beginning of deliberations was at 6.1 percent. created or retained 770,000 jobs in FY on the floor and throughout the Fast forward to today with this $787 2008 alone, and will unquestionably be amendment process, I was deeply con- billion package on the floor. The econ- at the forefront of leading us out of cerned this bill more closely resembled omy shrank at an annual rate of 0.5 this crisis. The bill contains many of omnibus legislation rather than emer- percent in the third quarter of 2008, and Chair LANDRIEU’s and my priorities, gency stimulus legislation. Indeed, as 3.8 percent in the fourth quarter of such as ones to slash fees for SBA bor- the Senate considered and adopted 2008. The unemployment rate is cur- rowers and reduce them for lenders; in- amendments on the floor, this package rently at 7.6 percent. Furthermore, crease funding for the microloan pro- had actually ballooned to $920 billion. over the past 13 months alone, as I gram; and a new program targeted to- Let me repeat that—$920 billion. mentioned earlier, the economy has ward small businesses struggling to Let’s look at the House-passed bill. lost 3.6 million jobs. By comparison, we make loan payments. The House bill was voted out at $819 lost a total of 2.7 million total jobs in Additionally, on the spending side we billion. And then the Senate bill ulti- the 2001 recession. The bottom line is provided vital Medicaid assistance to mately passed at $838 billion. But now, this package is not by any means out- the states—and I have heard the argu- with our efforts over the past week, sized for the times—it is right-sized. ments against it. But does anyone seri- this package has emerged as a $787.2 When we began our deliberations in ously believe that with 45 states cur- billion conference report that is not the Senate, the spending in the Senate rently experiencing a shortfall and a only more narrowly tailored toward package reached $366 billion. Fortu- projected, combined budgetary gap of stimulus, but actually has a lower nately, through our bipartisan efforts, $350 billion over the next 2 years won’t overall cost than either the House- we were able to trim that spending by have a profound impact on our national passed bill at $819 billion or the Senate- an additional $55 billion in nonstimula- economy, as States grapple with rais- passed bill at $838 billion. And that is tive items. Today, this package con- ing taxes or slashing spending to bal- no insignificant achievement. tains a total of $286.5 billion in tax pro- ance their budgets?

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.007 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2309 We also included $28 billion for adop- duce to 90 percent the requirement the technological revolution and have tion of Heath Information Technology that small business owners prepay 110 created more than 300,000 high-paying by health care providers. This would percent of their previous year’s tax li- science and technology jobs, along with not only actually result in an eventual ability. The purpose of quarterly pre- another 450,000 indirect jobs for a total $10 billion in savings, but also improve- payments is to ensure that the Govern- of 750,000 jobs. ments in care and costs, while creating ment gets every penny owed. Because There will be those who say the cost an additional 40,000 jobs that will en- of the recession and the credit crunch, of this package is too much, and others dure. As we grapple with the gravity of the overpayment of quarterly income will say it is too little. Some will say our economic circumstances, doesn’t it taxes by America’s small business own- it should have higher levels of tax re- make sense to simultaneously create ers is unnecessary, because few busi- lief, others that we should focus almost transformational, well-paying jobs nesses are experiencing 10 percent entirely on spending. There are 535 that, rather than looking to the past, growth, and harmful because it drains Members between the House and the will endure and ensure that America is vital cash flow away from an ongoing Senate who all have their own legiti- competitive in the global economy of business. mately held beliefs about this legisla- the 21st century? The conference report also retains a tion. There are millions of Americans As I mentioned earlier, this package provision I joined Senators LINCOLN with their own, differing views, ques- also contains more than $286 billion in and HATCH in spearheading to lessen tions, concerns, and expectations. tax relief—with many provisions I was the impact of the built-in gains tax on At the end of the day, I must return proud to ensure were included as a small businesses. This change is abso- to my own evaluation—again, shared member of the Senate Finance Com- lutely essential at a time in which our by so many across the political spec- mittee—that will directly result in job Nation’s credit markets remain frozen trum—that inaction is not an option creation and retention, and bolster our and small businesses are struggling to and, frankly, time is of the essence. I economy. meet their financing requirements. also return to my standard for evalu- The President’s signature making This provision will benefit up to 900 ating a stimulus: Is it sufficiently fo- work pay tax credit, which the Presi- small businesses in my home state of cused on creating jobs and assisting dent agreed to trim in this conference Maine and hundreds of thousands those who have been displaced. In that report, will provide additional money across the country. light, this package deserves to be in every paycheck to more than 95 per- We must not neglect our Nation’s passed now and signed into law. It is cent of working families in the United distressed and rural communities. This supported by organizations such as the States, which Mark Zandi has said will conference report rightly recognizes National Association of Manufacturers, be ‘‘particularly effective, as the ben- that imperative by including an addi- the U.S. Chamber of Commerce, the efit will go to lower income households tional $1.5 billion in each 2008 and 2009 National Institute of Building . . . that are much more likely to allocation authority for the new mar- Sciences, because they also believe it spend any tax benefit they receive.’’ I am pleased to have helped retain in kets tax credit. And my understanding will create jobs. On balance, this is the this legislation relief from the alter- is that the Community Development right approach at the right time that native minimum tax as it will not only Financial Institutions Fund, which ad- offers us the best course for economic boost the value of the making work ministers the incentive, can allocate recovery and, therefore, I will be sup- pay credit but will also ensure that the augmented 2008 credit authority porting this conference report. around 30 million Americans won’t be within 90 days, which will create 11,000 SALES TAX ensnared by this onerous levy. We in- permanent jobs and 35,000 construction Mr. CARPER. Mr. President, I rise crease eligibility for the extraor- jobs. for the purpose of entering into a col- dinarily successful refundable portion This agreement also contains tax loquy with the senior senator from of the child tax credit that I originally credits for renewable energy that I Montana regarding the car purchase spearheaded to reach low-income fami- have long fought for that will create tax credit introduced by Sen. MIKULSKI lies earning between $3,000 and $9,667 a more than 89,000 jobs. Frankly, if we and included in this conference report. year. I have heard the arguments be- had not dithered last year and opted to Mr. Chairman, my home State of fore against refundability, but this pro- pass the extension of the renewable tax Delaware does not have a State sales gram reaches people who may not earn credits at the beginning of 2008, we tax, which this provision addresses. enough to have federal tax liability but would have already been on the road to However, a ‘‘document fee’’ of 3.75 per- who work and contribute local taxes creating 100,000 new jobs. I know in my cent is collected when a new vehicle is and payroll taxes and will, therefore, home State, there are a number of sold in Delaware. This fee is the equiv- get additional money into the pockets wind farm projects, for example, that alent of a State sales tax, although it of those most likely to spend it. could be ready to move forward right is not called that term. When it comes to tax relief and now. Alaska, Montana, Hawaii, Oregon America’s greatest job generators, our I am also pleased that the stimulus and New Hampshire lack State sales Nation’s 27.2 million small businesses, bill contains a provision I helped to taxes. Instead, these States levy fees this package contains provisions I au- draft that will allow base communities and/or taxes or allow local govern- thored to help them sustain operations across the Nation that have been sig- ments to levy fees or taxes on new ve- and employees. This includes enhanced nificantly affected by a closure or re- hicles. For example, in your home section 179 expensing for 2009, allowing alignment to qualify for vital recovery State of Montana, there is a county op- small businesses throughout the Na- zone economic development bonds. tion tax on vehicles. In New Hamp- tion to invest up to $250,000 in plant Finally, I am pleased this bill in- shire, towns and cities can collect fees and equipment that they can deduct cludes a provision I wrote to expand on motor vehicles. Hawaii levies a immediately, instead of depreciate the definition of ‘‘manufacturing’’ as it four-percent excise tax on goods, which over a period of 5, 7, or more years. pertains to the small-issue Industrial includes automobiles. This tax is The conference report also contains a Development bond, or IDB, program to passed along to Hawaiian new car pur- provision to extend to 5 years the include the creation of ‘‘intangible’’ chasers. carryback period of net operating property. For example, this would As the purpose of the Mikulski losses for small businesses with up to allow the bonds to be used to benefit amendment is to encourage Americans $15 million in gross receipts which will companies that manufacture software to purchase new automobiles, is it the help small businesses sustain oper- and biotechnology products by helping chairman’s understanding that it is the ations with a cash infusion during them get the financing necessary to as- intent of Congress that the document these trying times. This modification sist their operations in innovating and fee in Delaware is the functional equiv- was the result of a last-minute negotia- create new jobs. Knowledge-based busi- alent of a State sales tax? tion, and I very much appreciate the nesses have been at the forefront of Mr. BAUCUS. The Senator is correct. personal efforts of Chairman BAUCUS. this innovation that has bolstered the In fact, IRS currently counts vehicle This agreed-upon measure makes a economy over the long-term. For ex- registration fees based on a vehicle’s welcomed, commonsense change to re- ample, science parks have helped lead value as a personal property tax, which

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.009 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2310 CONGRESSIONAL RECORD — SENATE February 13, 2009 is deductible. This is true even if the Well, at a time when millions are tion behind these efforts but the wis- State calls the fee a ‘‘registration fee’’ struggling to hold on to their homes dom—the wisdom—of these efforts. or a ‘‘vehicle use fee.’’ In Montana, new and jobs, Democrats in the name of This bill has been roundly criticized passenger vehicles are subject to a $217 stimulus want taxpayers to cover the for being loaded with wasteful spending fee, as well as a county option tax- cost of golf carts, electric motorcycles, and hundreds of billions of dollars in based on the value of the vehicle. The and ATVs; $300 million for new govern- permanent—permanent—Government same standard should apply to Section ment cars; $1 billion for ACORN-eligi- expansion. Our plan would have re- 1008. ble block grants; $50 million for out-of- duced monthly mortgage payments and Mr. CARPER. I thank the Senator. work artists; $165 million to maintain Additionally, in lieu of paying States made it easier to buy a home. Workers and build fish hatcheries—$165 million would have been able to keep more of sales taxes or in the case of Delaware, for fish hatcheries; $1 billion for the a document fee, is it the intent of Con- what they earn. It is also about half Census. I defy anyone to explain to me the cost of the Democratic plan. gress that the motor vehicle registra- how $1 billion for the Census will stim- tion fees on new vehicles collected by ulate the U.S. economy. Every Member of Congress, Repub- State or local governments in Alaska, So a stimulus bill that was supposed lican and Democrat, wants the econ- New Hampshire, Oregon, Hawaii and to be timely, targeted, and temporary omy to recover. The question is, which Montana qualify for a deduction as de- is none of the above. This means Con- plan would work? In my view, it is fined under section 1008? gress is about to approve a stimulus highly unlikely this one will. I can’t Mr. BAUCUS. Yes, that is correct. that is unlikely to have much stimula- take that big of a risk with other peo- Mr. CARPER. I thank the Senator ple’s money. I will vote against it, and and yield the floor. tive effect. The PRESIDING OFFICER. The Re- That is why an analysis by the Con- I urge my colleagues to do the same. publican leader is recognized. gressional Budget Office actually pre- Mr. President, I yield the floor. dicted a potential sustained economic Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The Sen- wish to proceed on my leader time. decline—decline—as a direct result of The PRESIDING OFFICER. The Sen- this bill. That is why I can’t support it. ator from Hawaii is recognized. ator from Kentucky is recognized. This is one of the most expensive Mr. INOUYE. Mr. President, the Mr. MCCONNELL. Mr. President, pieces of legislation Congress has ever American Recovery and Reinvestment across the country Americans are approved. Including interest, as I have Act, I believe, is a good bill. It is not struggling with a very bad economy. said, it is expected to cost $1.1 trillion. perfect. It may have imperfections, but Every day we hear more heartbreaking To put that figure in perspective, con- I believe it deserves our support. stories about foreclosures and lost jobs. sider this: If you spent $1 million a day Many compromises were made, and The situation is serious. It appears to every day since Jesus was born, you the final compromises that we made in be getting worse. It was in the midst of still wouldn’t have spent $1 trillion. conference were very difficult. There is this scenario that our new President This is an extraordinary sum of money. no doubt those of us on this side of the took office. As did all of us, the Presi- It deserves an extraordinary level of aisle had to make some very difficult dent wanted to do all he could to help scrutiny. decisions and some painful cuts to pro- the economy. So he asked Congress to Yet even based on the ordinary grams that I personally believe would put together a stimulus bill aimed at standards of evaluation, it easily fails have been of great benefit to the Amer- preventing as much future damage as the test. Even if the bill were timely, ican people. But in the end, I remain possible. targeted, and temporary, we would still From the very start, Republicans convinced we have gained far more have to look at the pricetag in the con- than we have lost, and this bill is es- supported the idea of a stimulus. All of text of all the other spending we are all us, Democrat and Republican, thought sential in beginning the task of turning soon going to be asked to consider. The our economy around. it was important and necessary. The American people need to remember question was, what kind of stimulus? this stimulus is just one piece of the The American Recovery and Rein- What would it look like? What would it Democrats’ overall spending plan. vestment Act will create more than 3.5 cost? Who would it help? Where would Soon we will be asked to consider $50 million jobs. This is nothing to sniff at. it go? Most importantly, would it billion for housing and unspecified hun- It will provide tax cuts for working work? dreds of billions of dollars—possibly families, aid to our States, and will These are important questions, par- even another trillion—for troubled allow us to invest in our future by re- ticularly when the economists tell us banks. We will also soon be voting on a building our roads, schools, and mass that a bad stimulus is worse than no $400 billion Omnibus appropriations bill transit systems. stimulus at all. As the President’s top that will bring the total discretionary As chairman of the Appropriations economist, Larry Summers has writ- spending for this fiscal year to $1 tril- Committee, I know that the $311 billion ten: lion for the first time in American his- in appropriated funds that are con- Poorly provided fiscal stimulus can have tory. tained in this bill will make a dif- worse side effects than the disease that is to This isn’t Monopoly money. It is ference as we confront the economic be cured. real. It adds up. It has to be paid back crisis. For example, the funds will pre- These questions naturally lead to an- by our children and their children, and vent layoffs of State employees, will other: How do we measure whether a the American people still don’t have allow for increased funding for edu- stimulus will work? Well, according to the facts about the total cost. cation, health care initiatives, im- Summers, it is a fairly simple three- We need to tell the American people proved energy efficiency, and many point test. First, in order to be effec- the whole story. If Americans can’t be other vital investments. tive, a fiscal stimulus must be timely; assured these programs they are pay- ing for will work, they should at least With this large influx of Federal second, it must be targeted; and, third, funding now headed to our States, in- it must be clearly and credibly tem- be told what they are going to cost. Even the Democrats admit this bill is cluding my home State of Hawaii, it is porary. So using the standard outlined essential that each State has a plan of by the President’s own top economist, a $1 trillion risk. Today—this very day—the Democratic majority leader action in place to ensure that these re- Republicans have asked: Is this bill sources are invested quickly and re- timely? Is it targeted? Is it temporary? of the House asked his members to The answer, I have regretfully con- pray: ‘‘Pray that this bill works.’’ sponsibly, and in the right places. In cluded, is a resounding no. This bill Why? Because, as he said, he is not Hawaii, for example, we have estab- fails on all three points. This means, in sure that it will. I can’t take that big lished working groups of State and my view, that congressional Democrats of a risk on this big of a commitment local officials and community leaders have put together a stimulus that by of the American people’s money. to identify priorities that will have the Democrats’ own standards is likely to I know everyone believes their efforts most effective and timely economic fail. Yet, with interest, this bill is ex- will help strengthen the economy and impact in local communities through- pected to cost taxpayers $1.1 trillion. create jobs. No one should doubt that. out the State. So the question now is, what can the Everyone is trying to do the right Before concluding my remarks, I taxpayers expect for their money? thing. My concern is not the motiva- want to take a moment to thank the

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.011 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2311 Members and staff of the Appropria- The PRESIDING OFFICER. Who essary to achieve the consensus that is tions Committee for all of their dedica- yields time? necessary when we are addressing an tion and hard work in taking this bill The Senator from Arizona is recog- issue of this magnitude. from conception to completed legisla- nized. This has not been a bipartisan effort. tion in a matter of a few months. On Mr. MCCAIN. How much time re- The other side will emerge victorious our committee, we have 12 subcommit- mains on both sides? in a few minutes, but we have to face tees, each of which was involved in this The PRESIDING OFFICER. The pro- additional challenges. I mentioned bill. It is the subcommittees, the chair- ponents of the legislation have 31⁄2 min- TARP III—$1.5 trillion—and the ex- men and ranking members who, along utes, and the opponents have 81⁄2 min- pected war supplemental request. with their subcommittee clerks and utes. There are all of these new challenges— staff, are the people who have carried Mr. MCCAIN. What is the disposition not to mention national security chal- the load on this bill. I believe that the of the Senator from Illinois? lenges and policy challenges. Senate owes them its gratitude. Mr. DURBIN. Mr. President, I believe I think I understand the message At this time, I wish to inform the we have 3 minutes and a few seconds from the 2008 election. I think I under- Senate that division A of the con- and I will use that time. stand it very well. That message is ference report on H.R. 1 does not con- Mr. MCCAIN. Would the Senator wish that the American people don’t want tain any congressionally directed to go now or wait for me? business as usual. They do want us to spending items as defined in rule XLIV Mr. DURBIN. I defer to the Senator sit down together. We want to be in on of the Standing Rules of the Senate. from Arizona. the takeoff, so that we can be in on the There is no quick fix or easy answer Mr. MCCAIN. I thank the Senator. landing. We want to work together to this grave economic crisis, but I am Mr. President, we are, obviously, with the other side. confident this plan will begin to put about to vote affirmatively on the leg- This is not the example that I think America on the road to recovery. islation before us. I want to say that I the American people want us to exer- I believe the American Recovery and think the debate has been good and re- cise as we address the enormous chal- Reinvestment Act of 2009 is the right spectful. I congratulate the Members lenges. We need a stimulus package, we medicine for what ails our economy. It on the other side of the aisle and the need to address the war in Afghanistan, will not fix our problems overnight, President for their success in achieving and we need to provide for the much- but it will begin the process. We face the timetable that they laid out for the needed services to Americans as reve- some tough times in the coming year, passage of this legislation. nues decline with a bad economy. but this legislation will have an im- I point out that the allegation that I end my remarks and yield back the pact. It will help millions of Ameri- this is a bipartisan piece of legislation balance of my time by saying again: cans, directly and indirectly and, most is simply not accurate. A total of three Congratulations to those who will suc- importantly, it will give America con- Republican Members in the entire Con- ceed in passing this legislation. The fidence that we can overcome this cri- gress will be voting for this bill—only next time—and it will be soon, because sis. three. That is not a bipartisan ap- I understand there will be an omnibus I thank the Chair. proach, by any measure. appropriations bill, TARP III and oth- The PRESIDING OFFICER. The Sen- I think there are some hard facts we ers—let us sit down and negotiate and ator from Alabama is recognized. should not ignore as we address and work together. When we come out with Mr. SESSIONS. Mr. President, I ask dispose of this issue and move on to a solution and legislation, we can tell unanimous consent to be recognized for others. I remind my colleagues that the American people that we learned 2 minutes. the current national debt is $10.7 tril- the lesson but, most importantly, we The PRESIDING OFFICER. Without lion. The 2009 projected deficit is an- will reflect their wishes that we have objection, it is so ordered. other $1.2 trillion. The cost of this leg- worked together to address some of the Mr. SESSIONS. Mr. President, I want islation before us is $1.124 trillion; that most difficult challenges of anyone’s to say something at the conclusion of is, $789 billion plus interest. The ex- lifetime. the debate. I have spoken a number of pected omnibus spending bill, which I yield back the remainder of my times and have had my say, but this is will be coming shortly, is roughly $400 time. not a normal bill. This is the largest billion. The expected supplemental re- The PRESIDING OFFICER. The Sen- expenditure in the history of this Re- quest for Afghanistan and Iraq will be ator from Illinois is recognized. public, or of any nation in the history an additional $80 billion. We will be ad- Mr. DURBIN. Mr. President, I have of the world. Some have said—and we dressing appropriations bills for 2010 listened to the critics of this legisla- heard this from the Administration— that will be over a trillion dollars. We tion. What would they have us do? that they want to remake the econ- are already spending $700 billion on They would have us do nothing. What omy. A press person asked me today: TARP I and II. And estimates, accord- they offer is one-half of this bill, in the What do you think happened to biparti- ing to the media, are that TARP III hopes that that might do it. We tried sanship? will be somewhere around $1.5 trillion. that. I say to the critics of the bill that I said, well, I don’t know if I can hold We are on a spending spree of unprec- we tried their tax cuts last year under hands and walk down the road to so- edented and historic proportions. We President Bush, and they didn’t work. cialism. I don’t want to walk down the are committing what some of us have We tried their TARP under President road together to say our heritage of called generational theft because we Bush, and it didn’t work as well as we limited Government and lower taxes are laying this debt on our children had hoped. and individual freedom and responsi- and our grandchildren. Now we are asking for a chance. This bility ought to be altered. My colleagues—and the Senator from President, President Obama, inherited What I am concerned about, at my Illinois who has been here constantly the worst economic crisis in 75 years. deepest level, is that this step, as huge and has argued his side effectively— He is showing leadership, and he came as it is, is only one of many that we are will point out that Republicans did the with a solution and offered it to the going to see. We had the Wall Street same thing. I agree, and Republicans Republicans and said sit down with us, bailout of $700 billion. We hear there were punished in the last election for work with us together. Only three Re- may be another $500 billion coming on doing so. publicans out of all those elected on housing and that kind of thing, because What grieves me the most about this Capitol Hill would do so. This Presi- there’s not much housing benefit in process we have been through is that it dent made direct overtures to bring in this. started out with a phrase by the Republicans, to try to find a solution This endangers our heritage. It is not Speaker of the House that ‘‘we won, we to these problems, and they refused to a little bitty matter. I am proud of my wrote the bill.’’ I think I understand do so. Many of the same Republicans— colleagues who have said no. I believe the lesson. That is the process that it not the Senator from Arizona—who it is the right vote and I hope and pray has been through, without Republican have spoken earlier supported amend- that yet it might fail. involvement and without Republican ments to this, adding to the cost of I yield the floor. negotiations, which I think are nec- this package $70 billion in the Finance

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.077 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2312 CONGRESSIONAL RECORD — SENATE February 13, 2009 Committee, up to $30 billion on the [Rollcall Vote Nos. 63, 64 Leg.] note for the record my appreciation to floor; and after their amendments were YEAS—60 those who have worked so hard to adopted, they said, of course, we can- Akaka Feinstein Murray produce this good compromise legisla- not vote for the bill because it costs Baucus Gillibrand Nelson (FL) tion on trade adjustment assistance. too much—after they added some $100 Bayh Hagan Nelson (NE) I will begin by thanking my col- Begich Harkin Pryor billion in costs to the bill. Bennet Inouye Reed leagues on the House Ways and Means They cannot have it both ways. They Bingaman Johnson Reid Committee, Chairman RANGEL and cannot ask us, as Democrats, to stand Boxer Kaufman Rockefeller Ranking Member CAMP. Our bicameral Brown Kerry Sanders negotiations over the last 6 weeks have with President Bush when he tried to Burris Klobuchar Schumer solve it and then walk out the door Byrd Kohl Shaheen been intensive, and at times difficult when we face this crisis under Presi- Cantwell Landrieu Snowe but always professional and construc- dent Obama. We have invited the Re- Cardin Lautenberg Specter tive. Chairman RANGEL was ably ad- Carper Leahy Stabenow publicans to join us, and three stepped Casey Levin Tester vised by Tim Reif and Viji forward. I salute them for their cour- Collins Lieberman Udall (CO) Rangaswami, his respective staff direc- age in doing so. I hope more will do Conrad Lincoln Udall (NM) tor and deputy staff director on the Dodd McCaskill Warner trade subcommittee, as well as Alex that in the future. Dorgan Menendez Webb A lot of the arguments are about the Durbin Merkley Whitehouse Perkins, international trade counsel to impact on the next generation. Con- Feingold Mikulski Wyden the chairman, and Indivar Dutta- sider the impact on the next genera- NAYS—38 Gupta, adviser to the chairman on the professional staff of the subcommittee tion of Americans if their parents lose Alexander DeMint Martinez a job. Consider the impact on kids in Barrasso Ensign McCain on income security and family support. the next generation if their home is Bennett Enzi McConnell Congressman CAMP was ably advised by foreclosed upon. Consider the impact Bond Graham Murkowski his chief trade counsel, Angela Ellard, Brownback Grassley Risch on the next generation if they are Bunning Gregg as well as David Thomas, international Roberts trade counsel to the ranking member. forced out of college because their par- Burr Hatch Sessions ents cannot pay the bills. In this bill, Chambliss Hutchison Shelby Of course I must thank my partner Coburn Inhofe Thune on the Finance Committee, Chairman we address each of those issues, pro- Cochran Isakson Vitter viding tax relief to working families, Corker Johanns BAUCUS, with whom I have been ac- Voinovich creating up to 4 million jobs, giving Cornyn Kyl tively overseeing the operation of our Wicker people a chance to stay in their homes Crapo Lugar trade adjustment assistance programs and trying to help them pay for a col- NOT VOTING—1 since the last time we implemented re- lege education. Yes, we have our eye on Kennedy forms in 2002. We have been negotiating over this legislation since April of last the next generation. The PRESIDING OFFICER (Mr. DUR- What we are doing in the bill is try- year, so this is the culmination of a lot BIN.) On this vote, the yeas are 60, the of effort by our two staffs. My thanks ing to give a lifeline to our economy nays are 38. Three-fifths of the Sen- begin with his staff director, Russ Sul- for those who are suffering in Arizona, ators duly chosen and sworn having livan, and extend to Demetrios Illinois, Colorado, and all across this voted in the affirmative, the motion to Marantis, his chief international trade country. This is a serious effort to find waive section 204(a)(5)(A) of S. Con. counsel, and the rest of his trade team, a solution. We have tried to work to- Res. 21 regarding emergency legislation particularly Hun Quach, Ayesha gether. It is a transparent approach is agreed to. As a result, the point of Khanna, and Darci Vetter, as well as with full accountability, and we will do order falls. our best to pass it and turn this econ- Pursuant to the previous order which Amber Cottle, Chelsea Thomas, and omy around and give America the new imposed a 60-vote threshold for the Janis Lazda. I would also like to thank day it deserves. adoption of this conference report, this Liz Fowler and Neleen Eisinger from I yield the floor. vote also constitutes the vote on the his health staff, and Anya Landau The PRESIDING OFFICER. (Mrs. adoption of the conference report. French, formerly of his trade staff. HAGAN). All time has expired. Pursuant to that order, the con- On my staff I want to thank first my Mr. MCCAIN. Madam President, in ference report to accompany H.R. 1 is staff director on the Finance Com- keeping with the previous unanimous agreed to, and the motion to reconsider mittee, Kolan Davis, and my deputy consent agreement, I believe this point that vote is considered made and laid staff director and chief tax counsel, of order and final passage are both upon the table. Mark Prater, for their wise counsel in combined in one vote. Mr. REID. Mr. President, I suggest managing the legislative processes The PRESIDING OFFICER. The Sen- the absence of a quorum. that have led to today’s achievement. I ator is correct. The PRESIDING OFFICER. The also want to thank my chief inter- Mr. MCCAIN. Madam President, pur- clerk will call the roll. national trade counsel, Stephen Schae- suant to section 294(a) of the 2008 budg- The assistant legislative clerk pro- fer, who has spearheaded my oversight et resolution, S. Con. Res. 21, of the ceeded to call the roll. of trade adjustment assistance since 110th Congress, I raise a point of order Mr. REID. Mr. President, I ask unan- 2003 and led my negotiating effort against the emergency designation in imous consent that the order for the these many months, as well as David section 5(a) of the conference report. quorum call be rescinded. Ross, my international trade counsel, The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without who played an integral role in the ne- the previous order, a motion to waive objection, it is so ordered. gotiations that produced today’s com- the applicable point of order is consid- Mr. GRASSLEY, Mr. President, yes- promise. In addition, I want to thank ered made. terday I spoke about how the trade ad- David Johanson, my international The question is agreeing to the mo- justment assistance provisions in the trade counsel and agricultural trade tion. conference report represent the one specialist, for his role in negotiating a Mr. DURBIN. Madam President, I ask shining example of bipartisanship in reform of the trade adjustment assist- for the yeas and nays. The PRESIDING OFFICER. Is there a this mammoth legislation. It’s unfortu- ance for farmers program, and Claudia sufficient second? nate that the overall conference report Bridgeford Poteet, my international There is a sufficient second. wasn’t the product of a similarly bipar- trade policy advisor, for her advice and The clerk will call the roll. tisan process, but that missed oppor- support. Additional members of my The assistant legislative clerk called tunity should not detract from the tre- staff that merit special recognition in- the roll. mendous bipartisan effort that my col- clude Mark Hayes, my chief health Mr. DURBIN. I announce that the leagues and our staffs undertook to counsel, and Andrew McKechnie, also Senator from Massachusetts (Mr. KEN- bring about this significant achieve- on my health staff, as well as Kristin NEDY) was absent. ment in reforming and reauthorizing Bass and Colette Desmarais, formerly The yeas and nays resulted—yeas 60, our trade adjustment assistance pro- of my health staff. I also want to thank nays 38, as follows: grams. I want to take a moment to Chris Condeluci, my tax and benefits

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.078 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2313 counsel, as well as Lacee Oliver, an in- Our Nation faces an economic emer- Joe has been recognized for his lead- tern on my Finance Committee staff, gency, but a health information pro- ership and efforts to develop an en- and John Kalitka, a former detail to gram is not an emergency and should hanced and professional tactical team my Finance Committee trade staff not have been included in this bill. Up- and for his work with area teams to de- from the Department of Commerce, for grading the elective grid is not an velop response and coverage capabili- their work on trade adjustment assist- emergency and neither is improving ties across the region. ance. our Nation’s scientific capacity, but Mr. President, Joe Burke retired Our work has been supported by the they should have been considered in from the U.S. Capitol Police on Janu- substantial efforts of dedicated profes- the President’s budget request and ary 3, 2009. I would like to thank him sionals at the Department of Labor, through a deliberative congressional for his years of service to the congres- and my appreciation there begins with process. sional community and ask that my col- Erin Fitzgerald in the Division of There are many things like this that leagues join me in wishing Joe well in Trade Adjustment Assistance, as well should not have been included in this his retirement. as Mark Morin and Lois Zuckerman in bill. f the Office of the Solicitor, and Erica The process has been anything but COMMITTEE ON SMALL BUSINESS Cantor, the administrator of the Office deliberative. AND ENTREPRENEURSHIP RULES of National Response. I also want to f OF PROCEDURE thank Mason Bishop, Blake Hanlon, MORNING BUSINESS and Geoffrey Burr, formerly of the De- Ms. LANDRIEU. Mr. President, Sen- Mr. REID. Mr. President, I ask we partment of Labor, as well as Justin ate Standing Rule XXVI requires each now go to a period of morning business, McCarthy and John Bailey, formerly committee to adopt rules to govern the with Senators permitted to speak on the White House staff of the pre- procedures of the committee and to therein for up to 10 minutes each. publish those rules in the CONGRES- vious administration. The PRESIDING OFFICER. Without I mentioned that Chairman BAUCUS SIONAL RECORD not later than March 1 objection, it is so ordered. and I have been engaged in joint over- of the first year of each Congress. sight of the trade adjustment assist- f Today, February 12, 2009, the Com- ance programs since 2002, and our over- HONORING JOE BURKE mittee on Small Business and Entre- sight has included requesting a series Mr. DURBIN. Mr. President, today I preneurship held a business meeting of reports from the Government Ac- would like to recognize Mr. Joseph during which the members of the com- countability Office to examine various ‘‘Joe’’ Burke for his 33 years of service mittee unanimously adopted rules to aspects of the operation of these pro- with the U.S. Capitol Police. govern the procedures of the com- grams. Among current and former per- Joe was raised and educated in Penn- mittee. Consistent with Standing Rule sonnel at the Government Account- sylvania and Virginia. He attended Mo- XXVI, I am submitting for printing in ability Office who merit special rec- ravia College in Pennsylvania and the CONGRESSIONAL RECORD a copy of ognition for their hard work are Sigurd graduated with a degree in criminal the rules of the Senate Committee on Nilsen, Dianne Blank, Lorin Obler, and justice. Joe’s studies didn’t occupy all Small Business and Entrepreneurship Wayne Sylvia. his time while at Moravia; he was an for the 111th Congress. Finally, I want to acknowledge the extremely talented baseball player and There being no objection, the mate- tremendous effort of our House and tried out for the Pittsburgh Pirates. rial was ordered to be printed in the Senate legislative counsels to deliver After choosing a career in law en- RECORD, as follows: timely drafts and constructive cri- forcement, Joe joined the U.S. Capitol RULES FOR THE COMMITTEE ON SMALL tiques of proposed legislative provi- Police on December 8, 1975. He served BUSINESS AND ENTREPRENEURSHIP sions. On the House side I want to in several positions within the depart- —111TH CONGRESS thank Sandra Strokoff and Mark ment before finding his true calling— GENERAL Synnes, and here in the Senate I want the Containment and Emergency Re- All applicable provisions of the Standing to thank our experts on customs and sponse Team, CERT, in 1981. Rules of the Senate, the Senate Resolutions, and the Legislative Reorganization Acts of international trade law, Polly Craighill Joe was among the original members 1946 and of 1970 (as amended), shall govern and Margaret Roth-Warren. of CERT upon its inception in 1981. The the Committee. As you can see, today’s achievement tryouts for CERT were strenuous; held MEETINGS is the result of the dedication, hard at the FBI Academy, they consisted of (a) The regular meeting day of the Com- work, and commitment of many indi- shooting drills, running an obstacle mittee shall be the first Wednesday of each viduals. It is the culmination of years course and jumping into a pool with a month unless otherwise directed by the of effort, and I am confident that the rubber gun before swimming the length Chair. All other meetings may be called by result will serve to benefit American of the pool. The Unit started with the Chair as he or she deems necessary, on 5 workers in Iowa and across the United three five-man teams that train twice business days notice where practicable. If at States for years to come. a month. This modest beginning has least three Members of the Committee desire Mr. COCHRAN. Mr. President, al- grown into the CERT we see today—a the Chair to call a special meeting, they may though I voted against the motion to file in the office of the Committee a written highly trained, full-time tactical team. request therefore, addressed to the Chair. waive the Congressional Budget Act on Over the years, Joe has remained Immediately thereafter, the Clerk of the the conference report to accompany committed to serving the congressional Committee shall notify the Chair of such re- H.R. 1, the so-called stimulus bill, and community. He has served during sev- quest. If, within 3 calendar days after the fil- on the adoption of the conference re- eral challenging periods for the Capitol ing of such request, the Chair fails to call port to H.R. 1, I must acknowledge the Police including the tragic shooting at the requested special meeting, which is to be courtesies and thoughtful leadership of the Capitol, the attacks on September held within 7 calendar days after the filing of the Appropriations Committee by the 11, 2001, and the anthrax mailings. such request, a majority of the Committee distinguished Senator from Hawaii, Mr. Joe’s experience was invaluable during Members may file in the Office of the Com- mittee their written notice that a special INOUYE. big events, too—the state funerals of Committee meeting will be held, specifying He carried out his responsibilities as Presidents Reagan and Ford, dem- the date, hour and place thereof, and the chairman of our committee in a fair onstrations, eight Presidential Inau- Committee shall meet at that time and minded way that reflected credit on gurations and numerous State of the place. Immediately upon the filing of such the Senate. Union Addresses. notice, the Clerk of the Committee shall no- This legislation was written by our Joe Burke’s experience and service tify all Committee Members that such spe- committee, but in many respects it re- have helped CERT become a SWAT cial meeting will be held and inform them of flected the attitude and interests of the team that ranks among the top teams its date, hour and place. If the Chair is not other body. The bill in my opinion cre- in the country. He is responsible for present at any regular, additional or special meeting, such member of the Committee as ates too many new programs and poli- many of the programs currently used the Chair shall designate shall preside. cies that will have a major impact on by the Capitol Police to train CERT (b) It shall not be in order for the Com- the Federal budget for years to come. personnel. mittee to consider any amendment in the

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.063 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2314 CONGRESSIONAL RECORD — SENATE February 13, 2009 first degree proposed to any measure under terrogation of witnesses at hearings shall be phone, or other electronic equipment may consideration by the Committee unless thir- conducted on behalf of the Committee by not position or use the equipment in a way ty written copies of such amendment have Members of the Committee or such Com- that interferes with the seating, vision, or been delivered to the Clerk of the Committee mittee staff as is authorized by the Chair or hearing of Committee members or staff on at least 2 business days prior to the meeting. Ranking Minority Member. the dais, or with the orderly process of the This subsection may be waived by agreement (3) Witnesses appearing before the Com- meeting. of the Chair and Ranking Member or by a mittee shall file with the Clerk of the Com- SUBCOMMITTEES mittee a written statement of the prepared majority vote of the members of the Com- The Committee shall not have standing testimony at least two business days in ad- mittee. subcommittees. vance of the hearing at which the witness is QUORUMS to appear unless this requirement is waived AMENDMENT OF RULES (a) (1) A majority of the Members of the by the Chair and the Ranking Minority The foregoing rules may be added to, modi- Committee shall constitute a quorum for re- Member. fied or amended; provided, however, that not porting any legislative measure or nomina- (c) Any witness summoned to a public or less than a majority of the entire Member- tion. closed hearing may be accompanied by coun- ship so determined at a regular meeting with (2) One-third of the Members of the Com- sel of his or her own choosing, who shall be due notice, or at a meeting specifically mittee shall constitute a quorum for the permitted while the witness is testifying to called for that purpose. transaction of routine business, provided advise the witness of his or her legal rights. that one Minority Member is present. The Mr. DODD. Mr. President, I rise Failure to obtain counsel will not excuse the today to honor and celebrate the 100th term ‘‘routine business’’ includes, but is not witness from appearing and testifying. limited to, the consideration of legislation (d) Subpoenas for the attendance of wit- anniversary of the National Associa- pending before the Committee and any nesses or the production of memoranda, doc- tion of the Advancement of Colored amendments thereto, and voting on such uments, records, and other materials may be People—the NAACP—and thank my amendments, and steps in an investigation authorized by the Chair with the consent of colleagues for unanimously adopting H. including, but not limited to, authorizing the Ranking Minority Member or by the con- Con. Res. 35, introduced by my friend, the issuance of a subpoena. sent of a majority of the Members of the Congressman AL GREEN, of Texas. I was (3) In hearings, whether in public or closed Committee. Such consent may be given in- session, a quorum for the asking of testi- formally, without a meeting, but must be in honored to introduce companion legis- mony, including sworn testimony, shall con- writing. The Chair may subpoena attendance lation in the Senate. sist of one Member of the Committee. or production without the consent of the Yesterday we were reminded once (b) Proxies will be permitted in voting Ranking Minority Member when the Chair again of the historic nature of the upon the business of the Committee. A Mem- has not received notification from the Rank- work the NAACP has done over the last ber who is unable to attend a business meet- ing Minority Member of disapproval of the century as our Nation’s first African- ing may submit a proxy vote on any matter, subpoena within 72 hours of being notified of American President came to the in writing, or through oral or written per- the intended subpoena, excluding Saturdays, United States Capitol to pay tribute to sonal instructions to a Member of the Com- Sundays, and holidays. Subpoenas shall be mittee or staff. Proxies shall in no case be issued by the Chair or by the Member of the President Abraham Lincoln on his counted for establishing a quorum. Committee designated by him or her. A sub- 200th birthday. When we reflect on how far we have NOMINATIONS poena for the attendance of a witness shall state briefly the purpose of the hearing and come in this country, we must ac- In considering a nomination, the Com- the matter or matters to which the witness knowledge the crucial role the NAACP mittee shall conduct an investigation or re- is expected to testify. A subpoena for the has played in making so many of those view of the nominee’s experience, qualifica- production of memoranda, documents, tions, suitability, and integrity to serve in steps possible. records, and other materials shall identify Founded on February 12, 1909, in New the position to which he or she has been the papers or materials required to be pro- nominated. In any hearings on the nomina- duced with as much particularity as is prac- York City by a small multiracial group tion, the nominee shall be called to testify ticable. of activists that included Ida Wells- under oath on all matters relating to his or (e) The Chair shall rule on any objections Barnett and W. E. B. Dubois, the her nomination for office. To aid in such in- or assertions of privilege as to testimony or NAACP spent decades working to vestigation or review, each nominee may be evidence in response to subpoenas or ques- eliminate discrimination in schools required to submit a sworn detailed state- tions of Committee Members and staff in ment including biographical, financial, pol- and throughout our society at the hearings. grassroots. Nearly a half century later, icy, and other information which the Com- CONFIDENTIAL INFORMATION mittee may request. The Committee may it would make itself known to the (a) No confidential testimony taken by, or specify which items in such statement are to world with one of our Nation’s greatest confidential material presented to, the Com- be received on a confidential basis. mittee in executive session, or any report of legal victories, the Supreme Court case HEARINGS, SUBPOENAS, & LEGAL COUNSEL the proceedings of a closed hearing, or con- Brown v. Board of Education. (a) (1) The Chair of the Committee may fidential testimony or material submitted In 1955, the Secretary of the NAACP’s initiate a hearing of the Committee on his or pursuant to a subpoena, shall be made pub- Montgomery, AL, branch suffered hu- her authority or upon his or her approval of lic, either in whole or in part or by way of miliation and unwarranted arrest for a request by any Member of the Committee. summary, unless authorized by a majority of refusing to give up her front seat on a If such request is by the Ranking Member, a the Members. Other confidential material or segregated bus in Montgomery, AL. decision shall be communicated to the Rank- testimony submitted to the Committee may Rosa Parks’ simple yet powerful action be disclosed if authorized by the Chair with ing Member within 7 business days. Written would ignite the largest civil rights notice of all hearings, including the title, a the consent of the Ranking Member. description of the hearing, and a tentative (b) Persons asserting confidentiality of grassroots movement in the history of witness list shall be given at least 5 business documents or materials submitted to the this country, reminding us once again days in advance, where practicable, to all Committee offices shall clearly designate of the difference that even one Amer- Members of the Committee. them as such on their face. Designation of ican can make to change the course of (2) Hearings of the Committee shall not be submissions as confidential does not prevent history. scheduled outside the District of Columbia their use in furtherance of Committee busi- The NAACP also played an essential ness. unless specifically authorized by the Chair role in ensuring the passage of the MEDIA & BROADCASTING and the Ranking Minority Member or by Civil Rights Acts of 1957, 1960, and 1964. consent of a majority of the Committee. (a) At the discretion of the Chair, public Though the right to vote was de- Such consent may be given informally, with- meetings of the Committee may be televised, out a meeting, but must be in writing. broadcasted, or recorded in whole or in part clared to be a basic human right under (b) (1) Any Member of the Committee shall by a member of the Senate Press Gallery or the U.S. Constitution, persons of color, be empowered to administer the oath to any an employee of the Senate. Any such person especially African Americans, were his- witness testifying as to fact. wishing to televise, broadcast, or record a torically—and shamefully—denied this (2) The Chair and Ranking Member shall be Committee meeting must request approval fundamental right. The NAACP played empowered to call an equal number of wit- of the Chair by submitting a written request a substantial role pushing for the pas- nesses to a Committee hearing. Such number to the Committee Office by 5 p.m. the day sage of the Voting Rights Act of 1965, shall exclude any Administration witness before the meeting. Notice of televised or partnering with the likes of Cesar Cha- unless such witness would be the sole hear- broadcasted hearings shall be provided to the ing witness, in which case the Ranking Mem- Ranking Minority Member as soon as prac- vez. ber shall be entitled to invite one witness. ticable. While the NAACP’s political work is The preceding two sentences shall not apply (b) During public meetings of the Com- extraordinary, its community service when a witness appears as the nominee. In- mittee, any person using a camera, micro- efforts deserve recognition as well. In

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.023 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2315 2005, it created the Disaster Relief I will ask to include in the RECORD, Others noted that the problem was likely Fund to provide assistance for Hurri- following my remarks, three articles to worsen as criminals target funds from the cane Katrina victims in Louisiana, reporting on the hearing. financial bailout (PL 110–343) and the eco- Texas, Mississippi, Florida, and Ala- Two things became clear at the hear- nomic stimulus measure being considered by a House-Senate conference (HR 1). bama at a time when they needed it ing: First, that the Justice Depart- ‘‘We stand on the precipice of the largest most. ment’s Criminal Division, the FBI and infusion of government funds over the short- As President Obama said, ‘‘A nation the Special Inspector General are dead- est period of time in our nation’s history,’’ cannot prosper long when it favors ly serious about finding and pros- testified Neil M. Barofsky, the special in- only the prosperous.’’ The NAACP has ecuting financial fraud. spector general for the Troubled Assets Re- reminded us of those words for a cen- FBI Deputy Director Pistole told the lief Program. ‘‘Unfortunately, our history tury. committee that the agency is inves- teaches us that spending so much money in For all this achievement symbolizes tigating 530 open corporate fraud inves- such a short period of time will inevitably draw those seeking to profit criminally.’’ to Americans and the world, the tigations, including 38 directly related Patrick J. Leahy, D-Vt., the Judiciary NAACP still recognizes the importance to the current financial crisis. He said Committee chairman, and Charles E. Grass- of remaining vigilant in our fight for the total number of fraud investiga- ley, R-Iowa, have introduced legislation (S equality, never allowing the past to be tions has nearly doubled, from 881 in 386) to extend federal fraud laws to cover forgotten. I am honored that it has fiscal year 2006 to 1,600 in fiscal year more mortgage lenders and funds expended supported the passage of the Emmett 2008. under the financial bailout and authorize the Till Unsolved Civil Rights Crime Act Second, we learned that Federal law hiring of additional federal prosecutors and FBI agents. that I introduced last Congress, in enforcement needs additional resources ‘‘If we don’t address this head-on, we’ll commemoration of the unspeakably to do so effectively. have a hard time chasing taxpayer money,’’ brutal and unjustified murder of an Af- According to Deputy Director Pistole Grassley said. rican-American youth, ensuring that ‘‘The increasing mortgage, corporate Pistole said the scale of the potential fraud criminals of the unsolved hate crimes fraud and financial institution failure dwarfs the savings and loan crisis of the of the civil rights struggle are brought case inventory is straining the FBI’s 1980s. He said 240 FBI agents are currently to justice and that its victims can fi- limited white collar crime resources.’’ involved in investigating mortgage fraud, as opposed to the 1,000 agents and forensic ex- nally find peace. And I am pleased that The FBI’s very necessary shift of re- sources to counterterrorism efforts has perts who investigated the savings and loan this legislation has become law. crisis. Much progress has been made in the had a significant impact on its ability ‘‘More must be done to protect our country lives of persons of color because of the to investigate sophisticated financial and our economy from those who attempt to NAACP and its tireless, life-risking, crime. enrich themselves,’’ Pistole said. and never-ending work. Currently, the FBI has only 240 ‘‘We’re going to see demands on law en- As Thurgood Marshall, who a dozen agents investigating complex financial forcement really increase’’ with the stimulus years after arguing Brown v. the Board fraud. package and financial bailout, Rita M. Glavin, the acting assistant attorney general of Education before the Supreme Court During the savings and loan crisis in the 1980s, the FBI had more than 1,000 of the Justice Department’s Criminal Divi- would become the first African Amer- sion, told the panel. ican to serve on our nation’s highest agents investigating financial fraud court, said: connected to that scandal. [From Newsday, Feb. 12, 2009] In recognizing the humanity of our fellow Mr. President, it is clear we need to RISE IN FRAUD CASES IS ‘‘STRAINING’’ FBI beings, we pay ourselves the highest tribute. scale up dramatically the number and The economic crisis has sparked an in- Today, the U.S. Senate and House of training of FBI agents investigating fi- crease in criminal fraud, including an ‘‘expo- Representatives return that tribute to nancial fraud, because the financial nential rise’’ in mortgage scams that is the NAACP and everyone who has been meltdown of 2008 is much bigger than straining the FBI’s resources, a leader of the agency said. associated with its achievements and the savings and loan crisis. That is why I was proud to join with The Federal Bureau of Investigation has advocacy for this last century. more than 1,800 open investigations into Chairman LEAHY and Senator GRASS- May its work to ensure equality for mortgage fraud, more than double the num- all American citizens continue as each LEY to introduce S.386, the Fraud En- ber in fiscal 2006, Deputy FBI Director John of us in this institution and across our forcement and Recovery Act of 2009. Pistole told a U.S. Senate hearing yesterday country commit to diminishing its ne- Mr. President, I look forward to in Washington. cessity. working with Chairman LEAHY and The FBI also has more than 530 open cor- Senator GRASSLEY to pass this impor- porate fraud investigations, including 38 f tant legislation, and I applaud them for linked to the financial crisis, he said. FINANCIAL FRAUD HEARING their leadership. ‘‘The increasing mortgage, corporate fraud Mr. President, I ask unanimous con- and financial institution failure case inven- Mr. KAUFMAN. Mr. President, I tory is straining the FBI’s limited white-col- want to bring my colleagues’ attention sent to have the three articles to which lar crime resources,’’ Pistole said in pre- to an important hearing held this past I referred printed in the RECORD. pared testimony. Wednesday by the Judiciary Com- There being no objection, the mate- Yesterday’s Senate Judiciary Committee mittee. We have been focused on the rial was ordered to be printed in the hearing focused on whether there should be economy over the past few weeks, and RECORD, as follows: beefed-up enforcement to cope with the eco- [From CQ Today, Feb. 11, 2009] nomic decline. The panel’s chairman, Sen. particularly on the recovery bill that Patrick Leahy (D–Vt.), is pushing legislation SPIKE IN FRAUD INVESTIGATIONS TAXING LAW will soon start saving and creating to authorize funds to hire fraud prosecutors ENFORCEMENT RESOURCES, OFFICIALS TESTIFY jobs. and investigators. The bill, backed by the But there are more steps we need to (By Seth Stern) Justice Department, also would strengthen take to restart our economy. One step More resources are needed to combat fi- financial crime laws. is to renew confidence in our markets, nancial fraud, which has soared amid the The 38 corporate cases linked to the finan- by cracking down on the kind of crimi- meltdown of financial markets, officials told cial crisis have the potential to be as com- lawmakers Wednesday. nal behavior that has contributed to plex as that of Enron Corp., which collapsed FBI Deputy Director John Pistole told the in 2001. The cases involve companies that our current crisis. I am talking about Senate Judiciary Committee that the agency ‘‘everybody knows about,’’ Pistole said with- fraud in our financial markets. is investigating 530 open corporate fraud in- out naming them, and include possible ma- On Wednesday, Chairman LEAHY con- vestigations, including 38 directly related to nipulation of financial statements, account- vened a Judiciary Committee hearing the current financial crisis. He said the total ing fraud and insider trading, he said. on financial fraud. We heard testimony number of fraud investigations has nearly The FBI has reassigned some agents from from John Pistole, Deputy Director of doubled, from 881 in fiscal 2006 to 1,600 in fis- terrorism cases to financial crimes. the FBI; Rita Glavin, Acting Assistant cal 2008. The government’s $700-billion Troubled ‘‘The increasing mortgage, corporate fraud Asset Relief Program and the proposed eco- Attorney General for the Criminal Di- and financial institution failure case inven- nomic stimulus legislation likely will result vision; and Neil Barofsky, Special In- tory is straining the FBI’s limited white-col- in increased criminal activity, Neil spector General for the Trouble Assets lar crime resources,’’ Pistole said in his writ- Barofsky, special inspector general of the Relief Program. ten testimony to the committee. TARP program, said in prepared testimony.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.025 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2316 CONGRESSIONAL RECORD — SENATE February 13, 2009 FBI PROBES 530 CORPORATE FRAUD CASES A new study shows that while in cated that the CIA would not conduct (By Devlin Barrett) young men under age 45, the heart dis- extraordinary renditions to secret de- (WASHINGTON)—The FBI is conducting ease death rate is declining, the rate in tentions. Congressman Panetta also more than 500 investigations of corporate young women has actually increased committed to ending the Bush adminis- fraud amid the financial meltdown, FBI Dep- and is now at its highest level since tration’s practice of using ‘‘Gang of uty Director John Pistole told the Senate 1987. We cannot idly sit back and allow Eight’’ briefings to evade its legal re- Judiciary Committee on Wednesday. more of us to become part of these sta- sponsibility to brief the full congres- Investigators are tackling an even bigger tistics, so to address heart disease mor- sional intelligence committees, there- mountain of mortgage fraud cases in which tality and these significant disparities by thwarting oversight. And he assured hundreds of millions of dollars may have me that the CIA would cooperate with been swindled from the system, he told law- between men and women, Senator makers. STABENOW and I have introduced The the Department of Justice as the De- Pistole says there are 530 active corporate HEART for Women Act. partment reviews interrogation, deten- fraud investigations, and 38 of them involve Our legislation, the HEART for tion, rendition and other matters that some of the biggest names in corporate fi- Women Act, does three things: First, it raise legal questions. These state- nance in cases directly related to the current provides the public with better infor- ments, along with his previous con- economic crisis. Additionally, the FBI has mation about safe and effective treat- demnations of torture and of more than 1,800 mortgage fraud investiga- ments for women by requiring drug warrantless surveillance of Americans, tions, more than double the number of such suggest a personal commitment to the cases just two years ago. safety information to be stratified by sex, race, and ethnicity. This informa- law and to our Constitution that will There are so many mortgage fraud cases to be needed as the CIA faces the chal- investigate, he said, that the bureau is not tion will help doctors, researchers, and focusing on individual purchasers, but indus- patients better understand why certain lenges ahead. I have long been concerned that in- try professionals generating fraud schemes treatments work better in men than in telligence resources have not been suf- that could total as much as hundreds of mil- women. Second, this legislation ex- ficiently allocated toward long-term lions of dollars. ‘‘It is a matter of lawyers, pands the WISEWOMAN Program that brokers or real estate professionals that are and emerging threats in places like Af- provides free heart disease and stroke systematically trying to defraud the sys- rica, and was pleased that Congress- tem,’’ Pistole said. prevention screening to low-income, man Panetta testified that he shares Agents have even seen some instances of uninsured women. This program has these concerns. More importantly, he organized crime getting involved in mort- been incredibly successful throughout has committed to conducting a review gage fraud, he said. the U.S. three out of four women of CIA operations and resources in Also appearing before the committee was screened by this program had at least Neil Barofsky, the watchdog of the govern- light of these concerns and to working one risk factor for heart disease and closely with the committee in the ment’s $700 billion Wall Street rescue pack- stroke. The HEART for Women Act age passed last year. course of that review. Finally, he testi- Senate Democrats are urging more spend- also raises awareness among health fied that he agrees with the goal of de- ing to expand the ranks of the FBI’s finan- care providers about the risk for heart veloping strategies that integrate clan- cial fraud investigators. disease and stroke. A 2004 survey found destine collection with the information After the 2001 terror attacks, about 2,000 that less than 20 percent of physicians obtained openly by our government, FBI agents were moved to counterterrorism were aware that more women than men particularly through diplomatic collec- work, and Pistole said they are considering die each year from cardiovascular dis- tion. Last year, the Senate Intelligence moving some of them back to buttress anti- eases. fraud efforts. Committee passed legislation creating After all this, there is some good an independent Commission to make- Senate Judiciary Committee Chairman news—a USA Today article from Janu- Patrick Leahy, D-Vt., urged the FBI and the recommendations on how to achieve Justice Department to put people who have ary 2008 points out that heart disease this integration and Congressman Pa- committed mortgage fraud behind bars. deaths rates fell among women by al- netta has committed to working with ‘‘Most people are honest,’’ Leahy said. ‘‘The most 27 percent between 1999 and 2005; me on that legislation. These commit- ones who are not honest in this field are cre- however, researchers estimate that ments give me confidence that Con- ating economic havoc and I want to make epidemics of diabetes and obesity could gressman Panetta will work to refocus sure that we’re able to go after them. ‘‘I threaten these gains. the CIA on its central mission of pro- want to see people prosecuted . . . Frankly, I encourage my colleagues to join us tecting our national security. I want to see them go to jail,’’ he said. and support women’s heart health. Pas- f Barofsky, who was appointed the inspector sage of this legislation will ensure that general of the ongoing financial bailout plan, providers have greater access to life- IDAHOANS SPEAK OUT ON HIGH suggested the best way to clean up mortgage ENERGY PRICES fraud is to pursue licensed professionals in saving drugs and screening services to the industry, and make examples of them. prevent the rise of cardiovascular dis- Mr. CRAPO. Mr. President, in mid- ‘‘They have the most to lose, they’re the ease in women. June, I asked Idahoans to share with most likely to flip, and they make the best f me how high energy prices are affect- examples,’’ said Barofsky, a former federal ing their lives, and they responded by PANETTA CONFIRMATION prosecutor in New York. the hundreds. The stories, numbering f Mr. FEINGOLD. Mr. President, I sup- well over 1,200, are heartbreaking and port the confirmation of Leon Panetta touching. While energy prices have HEART FOR WOMEN ACT to be Director of the CIA. His integrity dropped in recent weeks, the concerns Ms. MURKOWSKI. Mr. President, I and independence, his managerial expressed remain very relevant. To re- rise today to share my thoughts as the skills, his broad experience in both the spect the efforts of those who took the lead cosponsor on the Heart for Women executive and legislative branches, and opportunity to share their thoughts, I Act, introduced by Senator STABENOW his testimony during his confirmation am submitting every e-mail sent to me and myself along with 21 original co- hearing suggest he is exactly the kind through an address set up specifically sponsors. Heart disease, stroke, and of CIA Director our country needs for this purpose to the CONGRESSIONAL other cardiovascular diseases are criti- right now. RECORD. This is not an issue that will cally important health issues that First, his statements, in his meeting be easily resolved, but it is one that de- combined, are the No. 1 cause of death with me and at his confirmation hear- serves immediate and serious atten- in all American women, taking the life ing, provide assurances that he will put tion, and Idahoans deserve to be heard. of one female nearly every minute. The CIA activities squarely within the law Their stories not only detail their Heart for Women Act will decrease the and refocus the brave and dedicated struggles to meet everyday expenses, burden of heart disease in women, professionals of the Agency on what but also have suggestions and rec- which coupled with stroke will claim they do best, and on what we need ommendations as to what Congress can the lives of nearly half a million them for the most. Not only did he ex- do now to tackle this problem and find women in America in 2008; this is more press his commitment to ending an il- solutions that last beyond today. I ask than all deaths from breast, cervical, legal and ineffective interrogation and unanimous consent to have today’s let- and lung cancers combined. detention program, but he clearly indi- ters printed in the RECORD.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.016 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2317 There being no objection, the mate- tude is to take the money and run. So if you velop such things as wind energy and tap rial was ordered to be printed in the want to do something in the short term, you waste sources such as landfills for methane RECORD, as follows: need to deal with them now. Congress needs gas. We need permanent tax incentives for to look into how much they pay their CEOs the installation and use of renewables such I am a working class American male, fight- and put a cap on that amount. When a CEO as solar and wind. We need to develop a usa- ing to maintain a standard of living which makes 100 or 1,000 times more than the Presi- ble hydrogen power. And that should just be will enable me to provide for myself and my dent or you, Mike as a Senator, something is the start. family. I find it difficult to imagine why we wrong. Congress also needs to look into what Yes, the increase in fuel has cost me and is would continue as a country to be held host they are doing with these record profits. hampering my lifestyle. But I fear that, if to foreign oil. They claim that they are doing more explo- the current prices become permanent, then I find that prices of everything are rising ration but we as the public cannot see this. the costs to me will be so much greater than because of the cost of shipping, and some They should be forced to make public what they are today, and that is unacceptable. members of Congress I hear think this is a they are doing with the profits. I do not see Thank you for your time in reading this. good thing? Sir, I am pleased that you would them building any new refineries. They MONICA. want to hear from us, but realistically I am should be forced to do that. But you see, why less than convinced that much will be done would they want to build new refineries In September 2007 my husband changed by a body of people who seem so unwilling when they have created a shortage that jobs due to a long commute and high gas and unable to work together as the current makes money for them. We are asking the prices. He had been travelling from Weston, Congress appears. Saudis to pump more oil but we do not ask Idaho, to Promontory, Utah (132 miles round I used to be optimistic that one voice could our own oil companies to build more refin- trip), and had done so for the last sixteen make a difference and now have resigned eries. Congress needs to ‘‘get into their rice years. In September, he took a new job in myself to believe that by and large those bowl’’ as they. And if the oil companies do Logan, Utah, which was half the commute. who sit in the ‘‘hallowed halls of Congress’’ not want to be part of this, Congress should However, in the exchange, he also took a care only for their power and position and tax their profits beyond a certain point and $4.50/hr cut in pay. We were okay because of nothing for us as citizens. The price of gro- use the money to supplement gas prices. In the shorter commute and we were saving in ceries continues to rise, the price of fuel the past during times of war, Congress has gas. Now, with the higher, much higher fuel driving everything higher, shippers cannot created excess profit taxes to take the profit prices, we not only have lost the fuel savings afford to transport goods, and I find the fu- out of war and they should do that now. We but still have the cut in wages. It is getting ture bleak. How long before the trucking in- are in a domestic war and it is killing our very difficult to make ends meet. High fuel dustry, the shipping industry, railways and country. Or Congress should look at their costs are affecting every aspect of our lives— airlines stop because no one can afford to profits and set gas prices for them. Set reg- food, utilities, etc. We are supportive of pay the cost? ular gas, for example, at $3.00 per gallon and drilling America’s own oil so we are not reli- Foodstuffs such as corn are now being the next year if their profits are still beyond ant on outside sources. Speed limits could grown for fuel, driving those prices higher reason, drop it down to $2.50 per gallon. also be reduced and enforced. We drive small and yet no relief is felt at the pump. It seems Thanks for working on this issue Mike. My fuel-efficient vehicles, unlike many who are clear to me that two things must happen; wife and I are worried for our country. We do driving large trucks and SUVs. Americans first we must become energy independent, not know where all of this is going, but it need to wake up. Farmers in our area are drilling within our own borders, and second does not look good. really struggling. Fuel prices are making it finding alternative forms of energy to pre- JIM. very difficult to plant and harvest crops. We vent this from happening. Please use what- just need some relief. We appreciate your ever powers of persuasion you possess to con- We, as a Nation, have been irresponsible in asking our input and support your efforts in vince your fellow Senators to listen and feel allowing ourselves to be dependent upon for- getting the people of Idaho and America the crunch that is crippling our nation! eign sources for our energy needs. And now, some relief. ALBERT. we are all paying the painful price. It is igno- RICHARD AND CHRISTY, Weston. rant to believe that we can just purchase all My wife and I were born in Idaho (I in Kel- our energy from other countries and in doing We need to start drilling now. logg and my wife in Pocatello) and I work at so, save the environment. We have some of I am an Idaho resident and, because of the INL although I am currently on assign- the strictest standards in place in the United work, commute weekly from Idaho to Wash- ment at the Yucca Mountain Project. States to prevent damage to the environ- ington. The fuel costs are affecting me by How Do Gas Prices Impact Us and the Na- ment, and yet we allow other countries with- not only personal use of my cars but also air tion I am 67 and my wife is 63 and, with the out those standards to pollute the environ- fare and food for my farm animals and us. There is so much oil out there in the US, high cost of gas, we are afraid to retire. ment in the production of our energy. This is i.e., shale oil, oil from coal, onshore and off- These were supposed to be the ‘‘golden burying our heads in the sand. We have vastly improved our technologies shore oil. Until the new technology comes years’’ and they are far from that. It is driv- since the early 1980s when the bans on off- out for autos and electrical energy we need ing up the cost of food and other items that shore drilling were put into effect. We would to use the fuel that we have instead of pun- must be shipped by truck and is killing the not expect to see the same problems we had ishing the people of this country—by listen- auto industry. Because of all of these cost in- in the past if we were to resume that drilling ing to the eco terror people, green peace and creases and the uncertainties it is creating today. We also need to address the fact that the others. They are the ones that created in our economy, the stock market is also we have not built any new refineries in this the problem plus the new socialist demo- dropping and pulling down what retirement country, and that is a necessary piece to our crats. Who are taking our freedoms away? investments that we have. Although health energy needs puzzle. We have vast resources Oh, one more thing the man caused global care and other issues are also on our mind, I of oil reserves that are untouched, mostly warming is a fraud it is natural climate fear that high gas prices are dragging our due to the cries of the environmentalists, changes. Look at the past. country to its knees and it is spreading in all who are using their hearts instead of their THOMAS. directions. They use to say that if we lost minds to raise their objections. Vietnam, it would have the domino effect I have a dear friend who is an independent I do not have much to say but this. I work and we would lose all of that part of Asia. trucker out of Pennsylvania, who has been as a restaurant manager and I see firsthand Well, high gas prices are definitely causing doing a long-haul run from there to the the domino effect of the energy/gas crisis. a domino effect, and as people travel less it Northwest for over 10 years now. He has been Restaurants are the first to view the trou- impacts everyone who support the travel in- watching his profits be reduced by thousands bled economy. Our sales are down, not say- dustry. Look what it is doing to the airline of dollars per run, a reduction that he is not ing how much. Food cost is rising. People are industry. The impact of high gas prices is able to simply pass along. After almost 25 not coming out to eat. My Team Members spreading everywhere. I wonder how long it years of trucking, he is now contemplating are getting hours cut and not making will take to get beyond this mess. Should I something else for the future. What will we, enough money to even survive, let alone put plan to retire at 70 or maybe I should think as a nation, do if enough of our truckers quit gas in their tanks. My staff is the first hit by about 75? due to the rising fuel costs? We do not have any economy issue and our sales have WHAT TO DO ABOUT GAS PRICES enough alternatives in place to move our dropped drastically. My restaurant and its The country is now looking toward nuclear goods, and without moving our goods, our staff members who are in a crisis state. power and that is great. Wind and solar economy will collapse. We, individually, un- Someone needs to do something. power might help a little, but they cannot derstand the impact on our family budgets BRANDY, Boise. produce enough. And drilling for more oil in for energy increases, but we have not yet new locations could also help. But these are begun to feel the entire impact that will To Whom It May Concern: all long-term solutions that cannot help trickle down to our level. I ride my bike almost everywhere I go so today. I think what makes us frustrated is We need to develop our own energy. We my gas price is $0/gallon. Also, my pollution that the oil companies are making record need to allow more drilling. We need to allow impact is minimal as is my road impact, and profits and they aren’t doing anything to refineries to be built. We need to allow nu- my health is excellent. help the country. It is sort of like their atti- clear power plants to be built. We need to de- MIKE, Boise.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.018 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2318 CONGRESSIONAL RECORD — SENATE February 13, 2009 Thank you for the opportunity to provide Years ago I was pleased to be able to wait Sincerely, input on this critical input. I am employed on your wife as she drove thru the MPCU BOB. as an Environmental Engineer at the Idaho teller window in Idaho Falls. With her in the National Laboratory—Materials Fuels Com- Suburban were a passel of kids. Now I also We must do all we can to mitigate the en- plex—a nuclear fuels research facility. have a few children, and these days with en- ergy crisis gripping this nation. We can and Impacts—to name a few: ergy costs skyrocketing beyond the means of must become energy independent on natural Greatly reduced discretionary travel and many families I think it is important to gas in America. We have the resources here spending speak up. I think twice every time I drive to achieve this. Start drilling. Prices are on Marked increase in cost of food and my van because of the costs. We normally track to double by this winter. However, the consumables visit my family in Idaho Falls four times per brutal truth is that the neo-American Bol- Recent need to reduce percentage of in- year and this year will only be able to rea- shevik socialist left in this country will tie come saved for retirement and college tui- sonably afford two times, and a major com- this nation up in the courts for years to pre- tion for our children. ponent of that decision is the cost of fuel. vent this and force their agenda on this na- Huge increase in cost associated with heat- My husband is an engineer and drives ap- tion. They are arrogantly smug about their ing home (Rocky Mountain Power) and irri- proximately 20 miles round trip to work ability to control us now. And well they gate my property. every day. He and another co worker com- should be. They have been trained by some of Enormous cost increase in corn feed and mute to save fuel. We have not had as much the finest Marxist professors anywhere in fertilizer disposable income as heating, cooling and the world today, right here in the USA. In Inability to afford herbicides necessary to fuel prices have climbed at an astonishing the end, our epitaph will read that we de- combat noxious weeds on property pace. We have stopped eating as much meat stroyed ourselves with the very freedoms Decreased property values of vacation because of the cost of it. I water down the that made us the envy of the free world. May home in Island Park Idaho—given drastically milk to make it go further. We fortunately almighty God forgive us for what we have al- reduced numbers of vacation visitors to Fre- live far below our means, but many families lowed to happen to this grand experiment in mont Co. since gas and diesel have gone sky are not as fortunate as we are. One of my human freedom. high. dear friends works in 30 miles away, and RANDY. The high fuel costs have created an atmos- drives there from Moscow every day. With a f phere in virtually all commodities that the long daily commute, and with higher prices producer can falsely claim that their higher looming on the horizon who knows what this ADDITIONAL STATEMENTS prices charged are merely a result of higher winter will bring. She said that if it goes up energy costs. much more she will not make enough money Suggested Actions: to justify the driving. REMEMBERING WILLIAM H. ‘‘MO’’ Build infrastructure in U.S.—new, strategi- I am not asking for the government to fix MARUMOTO cally located refineries,—this is not just a this. The American people are resilient, and ∑ Mr. AKAKA. Mr. President, I wish to crude oil problem, and our refineries are an- the government’s micromanagement of en- express my deepest condolences and tiquated. ergy opportunities has only led us to higher Provide incentives to oil and gas compa- warmest aloha to the family and prices. You can bet if the oil companies are friends of William H. ‘‘Mo’’ Marumoto, nies to expand exploration—lower their cor- penalized for their comparatively tiny per porate tax. gallon profit, prices will continue to climb. who passed away last November. Prohibit reinstatement of wind†fall profits What I propose is for government to get Mr. Marumoto was an inspiration to taxes. out of the way. Pave the road to energy inde- all of those who came in contact with Eliminate overly burdensome environ- pendence with reduced regulation and open him. Those who knew him well knew of mental/permitting hurdles for petroleum ex- opportunity for exploration of all energy his selflessness and commitment to the ploration, siting and operation of oil refin- sources. We should pursue coal to oil, nu- eries, extraction/processing of oil shale, oils public good. clear, wind, methane, natural gas and every During World War II, Mr. Marumoto sands, etc. other type of fuel, with the goal of being en- Target drastically higher dollars for Uni- and his family spent 3 years in the Gila ergy independent. If the government will versity research of petroleum exploration, River internment camp in Arizona. just be reasonable, we could do all these extraction, and refining technologies. things. I appreciate your service, and your This experience did little to deter Mr. DEVELOP ANWR AND ALL OFFSHORE request for stories. Thank you for remem- Marumoto’s pursuit of excellence and RESOURCES bering that you are there in our place, re- service to his country. He served as Develop natural gas distribution infra- mind the others that they are too. student body president of his high structure—to gain access to the huge natural EMILY, Moscow. school, Santa Ana High School, and gas reserves in North America. later graduated from Whittier College. Never sign up to the Law of the Sea Trea- First I must say that I am a retired federal His remarkable career spanned over ty. employee with 34 years of service. As you five decades. He arrived in Washington, Reject Cap and Trade. know living on a fixed income is not easy at DC, in 1969 to serve as assistant to the Sign on to No global warming (hoax) trea- best, but with the cost of gas going up that ties or initiatives. is affecting EVERYTHING. I have cut back secretary of the Department of Health, Play economic hardball with China and on all non essential driving—even to travel Education and Welfare, responsible for India, whom subsidize their citizens’ use of 50 miles to see my elderly parents (80 & 78) recruiting senior executives for the Of- petroleum products. once a week to help them out. I have cut fice of Education. A year later, Mr. Firmly commandeer Iraq’s oil reserves as back on how often I mow the lawn to once Marumoto became the first Asian partial compensation for the loss of life and every 2 weeks. I do not own any recreation American to serve at the executive financial burden of the Iraq war. toys such as campers, 4-wheelers, boats or Thank you for the opportunity. P.S.—the level in the White House as an aide to motorcycles so cannot cut any RV usages. President Richard Nixon responsible U.S. is not too dependent upon fossil fuels; There will be very limited vacation trips this we are not using what we have on U.S. and summer. . . . Maybe to take my grandsons for filling Cabinet and sub-Cabinet adjacent soil wisely, or at all. camping. level positions. PAUL, Idaho Falls. I can remember back prior to the 70’s gas In 1973, he founded The Interface scare when the government had more con- Group Ltd., a Washington, DC-based I really appreciate your efforts to help out trols on the oil companies and gas was much executive search firm which specialized the public. I work as a receptionist at St more reasonable and there was still explo- in placing women and minorities in Alphonsus. Many patients are canceling ration being done by the oil companies. Now senior executive positions. He is fondly their appointments primarily because they without controls these companies are having remembered for his efforts to ensure cannot afford to drive, even if it is 5 miles record net profits (enough to lower the cost away. The public is not happy because of the of gas close to $1.00 a gallon), why is this diversity within the most senior levels gas prices. happening? Also the stock market futures on of government. My fiance´ and I just moved closer to where oil dictate price increases before the crude is He was a remarkable leader as presi- I work. If we did not I would not be able to even bought, but the drops in crude never dent and CEO of the Asian Pacific afford the gas to come to work. The rising seem to get passed on to consumers at the American Institute for Congressional gas prices are making the gap bigger be- same rate as the increases . . . again why is Studies and received numerous na- tween the rich and the poor. Something does this? tional professional awards for his work need to be done quickly. The greed needs to There was a march protesting the petro- in higher education, fundraising, direct come to an end and the government is the leum prices here in Lewiston a couple of only force here in the United States big weeks ago . . . what else can the people do to mail, events management, and publica- enough to help out the public. get thru to our government? tions. Thanks for understanding, Thank you for the opportunity to voice my My thoughts and prayers go out to MEGAN, Boise frustrations. Mo’s loved ones. He will be deeply

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.021 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2319 missed and his generosity will forever Just 6 years later, the Zulus used nounced that the House agreed to the be remembered. May he rest in peace.∑ their first float. It was rather modestly report of the committee of conference f decorated with palmetto leaves and on the disagreeing votes of the two moss. Of course, this first float gave Houses on the amendment of the Sen- TRIBUTE TO C. EDWARD BROWN rise to the more lavishly decorated ate to the bill (H.R. 1) making supple- ∑ Mr. GRASSLEY. Mr. President, I Zulu floats that we are accustomed to mental appropriations for job preserva- wish to recognize a fellow Iowan, C. Ed- seeing today. tion and creation, infrastructure in- ward ‘‘Ed’’ Brown, FACHE, on his elec- Since 1916, the Zulus have given the vestment, energy efficiency and tion as the chair of the board of direc- first official Mardi Gras toast to King science, assistance to the unemployed, tors of the American Medical Group and Queen Zulu at the Geddes and Moss and State and local fiscal stabilization, Association. Funeral Home on Washington Avenue. for the fiscal year ending September 30, Mr. Brown has had a distinguished Since 1910, the Zulus have been fa- 2009, and for other purposes. career in health care in Iowa where he mous for the Zulu Coconut, often has served for the last 15 years as chief called the ‘‘Golden Nugget,’’ which At 5:52 p.m., a message from the executive officer of the Iowa Clinic, a they throw from floats during Mardi House of Representatives, delivered by multispecialty group practice in Des Gras parades. The tradition developed, Ms. Niland, one of its reading clerks, Moines. Ed has a long list of achieve- and they began scraping and painting announced that the House has passed ments in delivering cutting edge, qual- the coconuts—now an indelible part of the following bill, in which it requests ity focused health care to the benefit of New Orleans Mardi Gras culture. the concurrence of the Senate: Iowans, and his achievements include In January, I was honored to receive H.R. 663. An act to designate the facility of the Iowa Clinic’s adoption of electronic from Zulu president Charles Hamilton, the United States Postal Service located at medical records and information tech- Jr., a special Zulu coconut as gift for 12877 Broad Street in Sparta, Georgia, as the nology systems. He holds a master’s ‘‘Yvonne Ingram-Ephraim Post Office Build- President Obama. Mr. Hamilton trav- degree in health administration from ing’’. eled to Washington by train to hand Washington University in St. Louis, deliver the gift, which I hope to present The message also announced that and he is a fellow of the American Col- to the President very soon. It was pursuant to 22 U.S.C. 1928a, and the lege of Healthcare Executives with hand-painted by Gretna artist Keith order of the House of January 6, 2009, over 25 years of experience in executive the Speaker appoints the following and senior levels of health care man- Eccles and incorporates Mardi Gras colors and themes with the distinctive Member of the House of Representa- agement. tives to the United States Group of the As the head of the American Medical red, white and blue of Washington, DC. Mr. Hamilton has said that he wanted NATO Parliamentary Assembly: Mr. Group Association, Ed’s vision and TANNER of Tennessee, Chairman. management skills will be put to good to give President Obama a piece of New f use in leading an organization that rep- Orleans and Zulu history. I can’t think resents some of the Nation’s highest of a better representation. MEASURES REFERRED quality and most prestigious health In addition to the Zulu coconut, the The following bill was read the first care delivery systems. It is wonderful Zulus’ contribution to New Orleans is and the second times by unanimous to see someone with such a distin- well-documented. The group proudly consent, and referred as indicated: participates in the Adopt-A-School pro- guished health care record in Iowa rec- H.R. 663. An act to designate the facility of ognized at the national level as a dedi- gram and contributes to Southern Uni- the United States Postal Service located at cated leader who is committed to im- versity’s scholarship fund. The Zulus 12877 Broad Street in Sparta, Georgia, as the proving health care at such an impor- also give Christmas baskets to needy ‘‘Yvonne Ingram-Ephraim Post Office Build- tant time for our Nation’s health care families each holiday season. ing’’; to the Committee on Homeland Secu- system. Over the years, many famous Lou- rity and Governmental Affairs. Ed’s voice will be a valuable con- isianians have taken part in the Zulu f tradition. In 1949, Louis Armstrong was tribution to the health care debate in EXECUTIVE AND OTHER King Zulu. And in 1988, New Orleans 2009 in Washington, and I congratulate COMMUNICATIONS him on this new chairmanship.∑ native Desiree Rogers—now the White The following communications were f House social secretary for President Obama—served as Zulu Queen. laid before the Senate, together with ZULUS 100TH BIRTHDAY This year, that proud tradition will accompanying papers, reports, and doc- ∑ Ms. LANDRIEU. Mr. President, this be carried on by Zulu King Tyrone uments, and were referred as indicated: month America reflects on a series of Mathieu, Sr., and Zulu Queen Sheila EC–754. A communication from the General notable birthdays and anniversaries, Barnes Mathieu. Counsel, National Credit Union Administra- including President Abraham Lincoln I congratulate the many generations tion, transmitting, pursuant to law, the re- turning 200, and the NAACP cele- port of a rule entitled ‘‘Credit Union Service of Zulus who have left their mark on Organizations’’ (RIN3133-AD20) received in brating its centennial. Mardi Gras and our great city of New the Office of the President of the Senate on In Louisiana, we are honoring a spe- Orleans. I ask the Senate to join me in February 9, 2009; to the Committee on Bank- cial birthday that is unique to our wishing the Zulus a happy 100th birth- ing, Housing, and Urban Affairs. State. The famous Zulu Social Aid & day—and all the best in the next 100 EC–755. A communication from the Assist- Pleasure Club will enjoy its 100th year. years.∑ ant to the Board of Governors of the Federal The Zulus have a special place in Reserve System, transmitting, pursuant to f Louisiana’s history, which is as color- law, the report of a rule entitled ‘‘Regulation ful as the signature Zulu decorative co- MESSAGES FROM THE HOUSE AA, Regulation DD and Regulation Z’’ ((Docket No. R-1314)(Docket No. R- conuts. For 100 years they have been an At 10:08 a.m., a message from the integral part of our Mardi Gras festivi- 1315)(Docket No. R-1286)) received in the Of- House of Representatives, delivered by fice of the President of the Senate on Feb- ties and New Orleans culture. Dubbing Mrs. Cole, one of its reading clerks, an- ruary 9, 2009; to the Committee on Banking, themselves ‘‘the everyman club,’’ the nounced that the House has agreed to Housing, and Urban Affairs. Zulu Social Aid & Pleasure club is the following concurrent resolution, in EC–756. A communication from the Chief, composed of African-American men which it requests the concurrence of Policy and Rules Division, Federal Commu- from all walks of life. the Senate: nications Commission, transmitting, pursu- While there are several stories about ant to law, the report of a rule entitled ‘‘Un- H. Con. Res. 35. Concurrent resolution hon- licensed Operation in the TV Broadcast how the Zulus first came about, we oring and praising the National Association know they made their first appearance Bands; Additional Spectrum for Unlicensed for the Advancement of Colored People on Devices Below 900 MHz and in the 3 GHz in the Mardi Gras parade in 1909 when the occasion of its 100th anniversary. Band’’ ((FCC 08-260)(ET Docket No. 04-186)) William Story led the Zulus as King. received in the Office of the President of the That year the group wore raggedy At 3:31 p.m., a message from the Senate on February 9, 2009; to the Com- pants and had a Jubilee-singing quar- House of Representatives, delivered by mittee on Commerce, Science, and Transpor- tet in front of and behind King Story. Mrs. Cole, one of its reading clerks, an- tation.

VerDate Nov 24 2008 06:35 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.049 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2320 CONGRESSIONAL RECORD — SENATE February 13, 2009 EC–757. A communication from the Assist- ative to Section 25(a)(6) of the Arms Export EC–779. A communication from the Chair- ant Secretary of the Army (Civil Works), Control Act; to the Committee on Foreign man, Council of the District of Columbia, transmitting, pursuant to law, a report rel- Relations. transmitting, pursuant to law, a report on ative to Salt River (Va Shly’ay Akimel), EC–769. A communication from the Acting D.C. Act 17-717, ‘‘Local Rent Supplement Maricopa County, Arizona; to the Committee General Counsel, Peace Corps, transmitting, Program Second Temporary Amendment Act on Environment and Public Works. pursuant to law, the report of a vacancy and of 2009’’ received in the Office of the Presi- EC–758. A communication from the Assist- designation of acting officer in the position dent of the Senate on February 9, 2009; to the ant Secretary of the Army (Civil Works), of Director of Peace Corps, received in the Committee on Homeland Security and Gov- transmitting, pursuant to law, a report rel- Office of the President of the Senate on Jan- ernmental Affairs. ative to Island Creek, West Virginia; to the uary 29, 2009; to the Committee on Foreign EC–780. A communication from the Chair- Committee on Environment and Public Relations. man, Council of the District of Columbia, Works. EC–770. A communication from the Chair- transmitting, pursuant to law, a report on EC–759. A communication from the Assist- man, Council of the District of Columbia, D.C. Act 17-718, ‘‘HPAP Temporary Act of ant Secretary of the Army (Civil Works), transmitting, pursuant to law, a report on 2009’’ received in the Office of the President transmitting, pursuant to law, a report rel- D.C. Act 17-709, ‘‘Firearms Registration of the Senate on February 9, 2009; to the ative to Salt River (Rio Salado Oeste), Ari- Amendment Act of 2008’’ received in the Of- Committee on Homeland Security and Gov- zona; to the Committee on Environment and fice of the President of the Senate on Feb- ernmental Affairs. Public Works. ruary 9, 2009; to the Committee on Homeland EC–781. A communication from the Chair- EC–760. A communication from the Assist- Security and Governmental Affairs. man, Council of the District of Columbia, ant Secretary of the Army (Civil Works), EC–771. A communication from the Chair- transmitting, pursuant to law, a report on transmitting, pursuant to law, a report rel- man, Council of the District of Columbia, D.C. Act 17-719, ‘‘Employment of Returning ative to Santa Cruz River, Arizona; to the transmitting, pursuant to law, a report on Veteran’s Tax Credit Temporary Act of 2009’’ Committee on Environment and Public D.C. Act 17-709, ‘‘14W and the YMCA Anthony received in the Office of the President of the Works. Bowen Project Real Property Tax Exemption Senate on February 9, 2009; to the Com- EC–761. A communication from the Assist- and Real Property Tax Relief Temporary Act mittee on Homeland Security and Govern- ant Secretary of the Army (Civil Works), of 2009’’ received in the Office of the Presi- mental Affairs. transmitting, pursuant to law, a report rel- dent of the Senate on February 9, 2009; to the EC–782. A communication from the Chair- ative to Tamiami Trail, Florida; to the Com- Committee on Homeland Security and Gov- man, Council of the District of Columbia, mittee on Environment and Public Works. ernmental Affairs. transmitting, pursuant to law, a report on EC–762. A communication from the Assist- EC–772. A communication from the Chair- D.C. Act 17-720, ‘‘Public Service Commission ant Secretary of the Army (Civil Works), man, Council of the District of Columbia, Holdover Temporary Amendment Act of transmitting, pursuant to law, a report rel- transmitting, pursuant to law, a report on 2009’’ received in the Office of the President ative to Liberty State Park, New Jersey; to D.C. Act 17-710, ‘‘The Urban Institute Real of the Senate on February 9, 2009; to the the Committee on Environment and Public Property Tax Abatement Temporary Act of Committee on Homeland Security and Gov- Works. 2009’’ received in the Office of the President ernmental Affairs. EC–763. A communication from the Direc- of the Senate on February 9, 2009; to the EC–783. A communication from the Chair- tor, Regulatory Management Division, Envi- Committee on Homeland Security and Gov- man, Council of the District of Columbia, ronmental Protection Agency, transmitting, ernmental Affairs. transmitting, pursuant to law, a report on EC–773. A communication from the Chair- pursuant to law, the report of a rule entitled D.C. Act 17-721, ‘‘District Employee Protec- man, Council of the District of Columbia, ‘‘Prevention of Significant Deterioration tion Temporary Act of 2009’’ received in the transmitting, pursuant to law, a report on (PSD) and Nonattainment New Source Re- Office of the President of the Senate on Feb- D.C. Act 17-711, ‘‘Get DC Residents Training view (NSR): Aggregation’’ (FRL-8773-2) re- ruary 9, 2009; to the Committee on Homeland for Jobs Now Temporary Act of 2009’’ re- ceived in the Office of the President of the Security and Governmental Affairs. ceived in the Office of the President of the EC–784. A communication from the Chair- Senate on February 9, 2009; to the Com- Senate on February 9, 2009; to the Com- man, Council of the District of Columbia, mittee on Environment and Public Works. mittee on Homeland Security and Govern- transmitting, pursuant to law, a report on EC–764. A communication from the Direc- mental Affairs. D.C. Act 17-722, ‘‘Lead-Hazard Prevention tor, Regulatory Management Division, Envi- EC–774. A communication from the Chair- and Elimination Act of 2008’’ received in the ronmental Protection Agency, transmitting, man, Council of the District of Columbia, Office of the President of the Senate on Feb- pursuant to law, the report of a rule entitled transmitting, pursuant to law, a report on ruary 9, 2009; to the Committee on Homeland ‘‘Prevention of Significant Deterioration D.C. Act 17-712, ‘‘GPS Anti-Tampering Tem- Security and Governmental Affairs. (PSD) and Nonattainment New Source Re- porary Act of 2009’’ received in the Office of EC–785. A communication from the Chair- view (NSR): Aggregation’’ (FRL-8773-3) re- the President of the Senate on February 9, man, Council of the District of Columbia, ceived in the Office of the President of the 2009; to the Committee on Homeland Secu- transmitting, pursuant to law, a report on Senate on February 9, 2009; to the Com- rity and Governmental Affairs. D.C. Act 17-723, ‘‘Paramedic and Emergency mittee on Environment and Public Works. EC–775. A communication from the Chair- Medical Technician Transition Amendment EC–765. A communication from the Direc- man, Council of the District of Columbia, Act of 2008’’ received in the Office of the tor, Regulatory Management Division, Envi- transmitting, pursuant to law, a report on President of the Senate on February 9, 2009; ronmental Protection Agency, transmitting, D.C. Act 17-713, ‘‘Equitable Parking Meter to the Committee on Homeland Security and pursuant to law, the report of a rule entitled Rates Temporary Amendment Act of 2009’’ Governmental Affairs. ‘‘Regulation of Fuels and Fuel Additives: received in the Office of the President of the EC–786. A communication from the Direc- Gasoline and Diesel Fuel Test Methods’’ Senate on February 9, 2009; to the Com- tor of Legislative Affairs, Office of the Direc- (FRL-8771-6) received in the Office of the mittee on Homeland Security and Govern- tor of National Intelligence, transmitting, President of the Senate on February 9, 2009; mental Affairs. pursuant to law, the report of a vacancy in to the Committee on Environment and Pub- EC–776. A communication from the Chair- the position of Principal Deputy Director of lic Works. man, Council of the District of Columbia, National Intelligence, received in the Office EC–766. A communication from the Direc- transmitting, pursuant to law, a report on of the President of the Senate on January 29, tor, Regulatory Management Division, Envi- D.C. Act 17-714, ‘‘Taxi Zone Operating Hours 2009; to the Select Committee on Intel- ronmental Protection Agency, transmitting, Temporary Amendment Act of 2009’’ received ligence. pursuant to law, the report of a rule entitled in the Office of the President of the Senate EC–787. A communication from the Acting ‘‘National Emission Standards for Hazardous on February 9, 2009; to the Committee on General Counsel, Executive Office for Immi- Air Pollutants From Petroleum Refineries’’ Homeland Security and Governmental Af- gration Review, Department of Justice, (FRL-8768-2) received in the Office of the fairs. transmitting, pursuant to law, the report of President of the Senate on January 29, 2009; EC–777. A communication from the Chair- a rule entitled ‘‘Reorganization of Regula- to the Committee on Environment and Pub- man, Council of the District of Columbia, tions on Control of Employment of Aliens’’ lic Works. transmitting, pursuant to law, a report on (RIN1125-AA64) received in the Office of the EC–767. A communication from the Chief of D.C. Act 17-715, ‘‘Reimbursable Details Clari- President of the Senate on February 9, 2009; the Publications and Regulations Branch, In- fication Temporary Act of 2009’’ received in to the Committee on the Judiciary. ternal Revenue Service, Department of the the Office of the President of the Senate on EC–788. A communication from the Acting Treasury, transmitting, pursuant to law, the February 9, 2009; to the Committee on Home- Under Secretary of Defense (Personnel and report of a rule entitled ‘‘Allocation of Sec- land Security and Governmental Affairs. Readiness), transmitting the report of (2) of- tion 36 First-Time Homebuyer Credit Be- EC–778. A communication from the Chair- ficers authorized to wear the insignia of the tween Taxpayers Who Are Not Married’’ (No- man, Council of the District of Columbia, next higher grade in accordance with title 10, tice 2009-12) received in the Office of the transmitting, pursuant to law, a report on United States Code, section 777; to the Com- President of the Senate on February 9, 2009; D.C. Act 17-716, ‘‘Uniform Child Abduction mittee on Armed Services. to the Committee on Finance. Prevention Act of 2008’’ received in the Office EC–789. A communication from the Asso- EC–768. A communication from the Direc- of the President of the Senate on February 9, ciate General Counsel for Legislation and tor, Defense Security Cooperation Agency, 2009; to the Committee on Homeland Secu- Regulations, Office of the Secretary, Depart- transmitting, pursuant to law, a report rel- rity and Governmental Affairs. ment of Housing and Urban Development,

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.033 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2321 transmitting, pursuant to law, the report of ceived in the Office of the President of the ation of new capital investment, which will a rule entitled ‘‘Refinement of Income and Senate on February 9, 2009; to the Com- result in the expansion of employment op- Rent Determination Requirements in Public mittee on Finance. portunities and help jump-start long-term and Assisted Housing Programs; Final Rule’’ EC–798. A communication from the Chief of capital investment by private investors.; and (RIN2501-AD16) received in the Office of the the Publications and Regulations Branch, In- Whereas, as government leaders, we must President of the Senate on February 9, 2009; ternal Revenue Service, Department of the ensure the continued viability of our auto- to the Committee on Banking, Housing, and Treasury, transmitting, pursuant to law, the motive and machine tool industries, which is Urban Affairs. report of a rule entitled ‘‘Application of Sec- a vital element of the State and federal EC–790. A communication from the Sec- tion 367 to a Section 351 Exchange Resulting economy; and retary, Division of Investment Management, from a Transaction Described in Section Whereas, diversification of the productive Securities and Exchange Commission, trans- 304(a)(1); Treatment of Gain Recognized potential of the automotive and machine mitting, pursuant to law, the report of a rule under Section 301(c)(3) for Purposes of Sec- tool industries into a broader sector of pro- entitled ‘‘Interactive Data for Mutual Fund tion 1248’’ (RIN1545-BI42) received in the Of- duction, coupled with a shift into the domain of essential capital goods and economic in- Risk/Return Summary’’ (RIN3235-AK13) re- fice of the President of the Senate on Feb- frastructure, such as the repair, expansion, ceived in the Office of the President of the ruary 9, 2009; to the Committee on Finance. and improvement of our national railway Senate on February 9, 2009; to the Com- EC–799. A communication from the Chief of systems, and the development of other ur- mittee on Banking, Housing, and Urban Af- the Publications and Regulations Branch, In- gently needed infrastructure projects, will fairs. ternal Revenue Service, Department of the save existing manufacturing jobs and create EC–791. A communication from the Attor- Treasury, transmitting, pursuant to law, the large new areas of employment in infrastruc- ney Advisor, U.S. Coast Guard, Department report of a rule entitled ‘‘Procedures for Ad- ture and manufacturing for our citizenry in of Homeland Security, transmitting, pursu- ministrative Review of a Determination a manner comparable to the best of the New ant to law, the report of a rule entitled That an Authorized Recipient Has Failed to ‘‘Regulated Navigation Area and Safety Deal programs that rescued the nation and Safeguard Tax Returns or Return Informa- the world from the ravages of the Great De- Zone, Chicago Sanitary and Ship Canal, tion’’ (RIN1545-BF21) received in the Office of Romeoville, IL’’ ((RIN1625-AA11)(Docket No. pression; and the President of the Senate on February 9, Whereas, the impact of this intervention USCG-2008-1247)) received in the Office of the 2009; to the Committee on Finance. will be to provide thousands of productive President of the Senate on February 9, 2009; EC–800. A communication from the Chief of jobs in the state of New Jersey, repair our to the Committee on Commerce, Science, the Publications and Regulations Branch, In- infrastructure, and create at least ten mil- and Transportation. ternal Revenue Service, Department of the lion jobs nationally, thus restoring our tax EC–792. A communication from the Attor- Treasury, transmitting, pursuant to law, the base and increasing the standard of living. ney Advisor, U.S. Coast Guard, Department report of a rule entitled ‘‘Gain Recognition Now, therefore, be it of Homeland Security, transmitting, pursu- Agreements with Respect to Certain Trans- Resolved by the Senate of the State of New ant to law, the report of a rule entitled fers of Stock or Securities by United States Jersey: ‘‘Gasco Regulated Navigation Area, Willam- Persons to Foreign Corporations’’ (RIN1545- 1. The Senate of the State of New Jersey ette River, Portland, OR’’ ((RIN1625- BG09) received in the Office of the President respectfully memorializes the Congress of AA11)(Docket No. USCG-2008-0112)) received of the Senate on February 9, 2009; to the the United States to intervene on behalf of in the Office of the President of the Senate Committee on Finance. national economic interests to ensure that on February 9, 2009; to the Committee on EC–801. A communication from the Direc- the productive potential of the automobile Commerce, Science, and Transportation. tor, Legislative and Regulatory Department, industry, with its featured technology and EC–793. A communication from the Attor- Pension Benefit Guaranty Corporation, machine tool capability, be protected. ney Advisor, U.S. Coast Guard, Department transmitting, pursuant to law, the report of 2. The Senate of the State of New Jersey of Homeland Security, transmitting, pursu- a rule entitled ‘‘Benefits Payable in Termi- respectfully memorializes the Congress of ant to law, the report of a rule entitled nated Single-Employer Plans; Interest As- the United States to intervene to vastly ex- ‘‘Drawbridge Operation Regulation; Willam- sumptions for Valuing and Paying Benefits’’ pand the construction and maintenance of ette River, Portland, OR, Schedule Change’’ (29 CFR Part 4022) received in the Office of infrastructure projects and related indus- ((RIN1625-AA09)(Docket No. USCG-2008-0721)) the President of the Senate on February 13, tries. received in the Office of the President of the 2009; to the Committee on Health, Education, 3. Duly authenticated copies of this resolu- Senate on February 9, 2009; to the Com- Labor, and Pensions. tion, signed by the President of the Senate mittee on Commerce, Science, and Transpor- and attested by the Secretary thereof, shall tation. f be transmitted to each member of New Jer- EC–794. A communication from the Attor- PETITIONS AND MEMORIALS sey’s congressional delegation and to the ney Advisor, U.S. Coast Guard, Department Speaker and Clerk of the United States of Homeland Security, transmitting, pursu- The following petitions and memo- House of Representatives, Washington, D.C. ant to law, the report of a rule entitled rials were laid before the Senate and and the President and Secretary of the ‘‘McCormick & Baxter Regulated Navigation were referred or ordered to lie on the United States Senate, Washington, D.C. Area, Willamette River, Portland, OR’’ table as indicated: ((RIN1625-AA11)(Docket No. USCG-2008-0121)) POM–7. A resolution adopted by the Senate POM–8. A resolution adopted by the Senate received in the Office of the President of the of the State of New Jersey memorializing of the State of Michigan memorializing the Congress to assist Michigan in rebuilding the Senate on February 9, 2009; to the Com- Congress to protect the automobile industry State’s economy, in light of Michigan’s high mittee on Commerce, Science, and Transpor- and expand national infrastructure projects rate of unemployment and pressures on the tation. and related industries; to the Committee on State’s Unemployment Trust Fund; to the EC–795. A communication from the Project Banking, Housing, and Urban Affairs. Counsel, U.S. Coast Guard, Department of Committee on Finance. SENATE RESOLUTION NO. 37 Homeland Security, transmitting, pursuant SENATE RESOLUTION NO. 232 to law, the report of a rule entitled ‘‘Consoli- Whereas, a number of specialists have Whereas, our nation is facing an economic dation of Merchant Mariner Qualification warned that the collapse of the national crisis, the depth and breath of which has not Credentials’’ ((RIN1625-AB02)(Docket No. economy could occur if certain stop-gap and been seen in decades. With Michigan’s his- USCG-2006-24371)) received in the Office of long-term actions are not implemented to toric connection to the automotive industry, the President of the Senate on February 9, overcome the problems facing the auto- the Great Lakes State’s economic struggles 2009; to the Committee on Commerce, motive and machine tool sectors of our econ- have been a precursor to the nation’s eco- Science, and Transportation. omy; and nomic maelstrom. Michigan has the nation’s EC–796. A communication from the Chief of Whereas, the loss of the physical capabili- highest unemployment rate and has lost the Publications and Regulations Branch, In- ties of the automotive industry, especially 538,000 jobs since 2000. Clearly, federal assist- ternal Revenue Service, Department of the its tool sector, could mean the end of Amer- ance is necessary to help Michigan restart Treasury, transmitting, pursuant to law, the ica’s status as a leading world economic its economic engine and help drive the na- report of a rule entitled ‘‘Update of Weighted power; and tional economy back to full recovery. Given Average Interest Rates, Yield Curves, and Whereas, while it is in the best interests of the severity of Michigan’s economic down- Segment Rates’’ (Notice 2009-16) received in our national security to have a strong, vi- turn, the state should be given priority when the Office of the President of the Senate on brant manufacturing and industrial sector, distributing stimulus dollars to spur eco- February 9, 2009; to the Committee on Fi- capable of producing the necessary machin- nomic growth in our country; and nance. ery and technology to defend the citizens of Whereas, indeed, Michigan is now at a tip- EC–797. A communication from the Chief of the United States and protect our interests ping point between economic despair and re- the Publications and Regulations Branch, In- abroad, our manufacturing and industrial covery. Technological innovation and busi- ternal Revenue Service, Department of the sector has experienced a dramatic reduction ness reforms and efficiencies adopted in re- Treasury, transmitting, pursuant to law, the in capacity and production over the last sev- sponse to Michigan’s ‘‘one-state recession’’ report of a rule entitled ‘‘Leaking Under- eral decades; and are already paying dividends. However, the ground Storage Tank Remediation Reim- Whereas, government has an obligation to national economy and numerous federal poli- bursement Program’’ (LMSB-4-1108-054) re- promote economic activity through the cre- cies have continued to negatively impact our

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.036 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2322 CONGRESSIONAL RECORD — SENATE February 13, 2009 state’s ability to pull itself up by its boot- tation by adults using the Internet, and for S. 448. A bill to maintain the free flow of straps. Chief among these are Michigan’s other purposes; to the Committee on the Ju- information to the public by providing condi- longtime status as a donor state for federal diciary. tions for the federally compelled disclosure highway funding dollars and the relative By Mr. SPECTER (for himself, Mr. of information by certain persons connected lack of federal public works and defense in- GRAHAM, Mr. LEAHY, Mr. WYDEN, Mr. with the news media; to the Committee on vestment in this state; and CRAPO, Mr. MARTINEZ, and Ms. the Judiciary. Whereas, Congress could be of great assist- LANDRIEU): By Mr. SPECTER (for himself, Mr. ance in our state’s economic redevelopment S. 437. A bill to amend the Internal Rev- LIEBERMAN, and Mr. SCHUMER): efforts, in particular, temporarily sus- enue Code of 1986 to allow the deduction of S. 449. A bill to protect free speech; to the pending the federal match for highway infra- attorney-advanced expenses and court costs Committee on the Judiciary. structure investment, improving the state’s in contingency fee cases; to the Committee By Mr. BAUCUS (for himself, Ms. share of federal highway funding so Michigan on Finance. STABENOW, Mr. TESTER, Mr. CONRAD, is no longer a donor state, and giving greater By Mr. WHITEHOUSE: Mr. JOHNSON, and Mr. SCHUMER): weight to Michigan firms in contracting S. 438. A bill to provide for the voluntary S. 450. A bill to understand and comprehen- would provide an immediate stimulus to our development by States of qualifying best sively address the oral health problems asso- stagnant state economy. Moreover, longer practices for health care and to encourage ciated with methamphetamine use; to the term efforts such as creating tax-free state such voluntary development by amending ti- Committee on Health, Education, Labor, and economic recovery zones; reducing taxation tles XVIII and XIX of the Social Security Pensions. Act to provide differential rates of payment on innovation, production, and investment; f allowing states to designate certain areas of favoring treatment provided consistent with the state as exempt from federal corporate qualifying best practices under the Medicare SUBMISSION OF CONCURRENT AND taxes capped at $1 billion per year; enhanc- and Medicaid programs, and for other pur- SENATE RESOLUTIONS poses; to the Committee on Finance. ing investment tax credit availability; and The following concurrent resolutions targeting federal infrastructure investment By Mr. INOUYE: S. 439. A bill to provide for and promote and Senate resolutions were read, and to those states with the highest rates of un- the economic development of Indian tribes referred (or acted upon), as indicated: employment would help provide economic by furnishing the necessary capital, financial stability where it is needed the most; now, By Mr. LUGAR: services, and technical assistance to Indian- therefore, be it S. Res. 49. A resolution to express the sense Resolved by the Senate, that we hereby me- owned business enterprises, to stimulate the of the Senate regarding the importance of development of the private sector of Indian morialize the Congress of the United States public diplomacy; to the Committee on For- tribal economies, and for other purposes; to to assist Michigan in rebuilding the state’s eign Relations. the Committee on Indian Affairs. economy, in light of unemployment and By Ms. LANDRIEU: By Mr. SPECTER (for himself and Mr. pressures on the state’s Unemployment S. Res. 50. An original resolution author- LEAHY): izing expenditures by the Committee on Trust Fund; and be it further S. 440. A bill to amend the Internal Rev- Resolved, That copies of this resolution be Small Business and Entrepreneurship; from enue Code of 1986 to allow an above-the-line transmitted to the President of the United the Committee on Small Business and Entre- deduction for attorney fees and costs in con- States Senate, the Speaker of the United preneurship; to the Committee on Rules and nection with civil claim awards; to the Com- States House of Representatives, and the Administration. mittee on Finance. By Mrs. FEINSTEIN (for herself, Mrs. members of the Michigan congressional dele- By Mr. WHITEHOUSE (for himself, Mr. gation. BOXER, Mr. DURBIN, and Mr. FEINGOLD, Mr. LEAHY, Mr. SANDERS, WHITEHOUSE): Mr. TESTER, and Ms. STABENOW): POM–9. A report from a law enforcement S. Con. Res. 7. A concurrent resolution S. 441. A bill to encourage the development honoring and remembering the life of Law- office relative to the Open Government Sun- of coordinated quality reforms to improve set Review Act; to the Committee on Fi- rence ‘‘Larry’’ King; to the Committee on health care delivery and reduce the cost of the Judiciary. nance. care in the health care system; to the Com- f mittee on Health, Education, Labor, and f REPORTS OF COMMITTEES Pensions. ADDITIONAL COSPONSORS By Mr. DORGAN (for himself and Ms. S. 144 The following reports of committees SNOWE): were submitted: S. 442. A bill to impose a limitation on life- At the request of Mr. KERRY, the By Ms. LANDRIEU, from the Committee time aggregate limits imposed by health name of the Senator from Mississippi on Small Business and Entrepreneurship, plans; to the Committee on Health, Edu- (Mr. COCHRAN) was added as a cospon- without amendment: cation, Labor, and Pensions. sor of S. 144, a bill to amend the Inter- S. Res. 50. An original resolution author- By Mrs. MURRAY (for herself and Ms. nal Revenue Code of 1986 to remove cell izing expenditures by the Committee on CANTWELL): S. 443. A bill to transfer certain land to the phones from listed property under sec- Small Business and Entrepreneurship. United States to be held in trust for the Hoh tion 280F. f Indian Tribe, to place land into trust for the S. 259 INTRODUCTION OF BILLS AND Hoh Indian Tribe, and for other purposes; to At the request of Mr. BOND, the name JOINT RESOLUTIONS the Committee on Indian Affairs. of the Senator from North Dakota (Mr. By Mr. WHITEHOUSE: CONRAD) was added as a cosponsor of S. The following bills and joint resolu- S. 444. A bill to provide for the establish- 259, a bill to establish a grant program tions were introduced, read the first ment of a health information technology and to provide vision care to children, and and second times by unanimous con- privacy system; to the Committee on Health, for other purposes. sent, and referred as indicated: Education, Labor, and Pensions. By Mr. SPECTER (for himself, Ms. S. 311 By Mr. KERRY (for himself and Mr. LANDRIEU, Mr. CARPER, Mr. KERRY, At the request of Mrs. BOXER, the GRASSLEY): Mrs. MCCASKILL, and Mr. COCHRAN): name of the Senator from Rhode Island S. 434. A bill to amend title XIX of the So- S. 445. A bill to provide appropriate protec- cial Security Act to improve the State plan tion to attorney-client privileged commu- (Mr. WHITEHOUSE) was added as a co- amendment option for providing home and nications and attorney work product; to the sponsor of S. 311, a bill to prohibit the community-based services under the Med- Committee on the Judiciary. application of certain restrictive eligi- icaid program, and for other purposes; to the By Mr. SPECTER (for himself, Mr. bility requirements to foreign non- Committee on Finance. GRASSLEY, Mr. DURBIN, Mr. SCHUMER, governmental organizations with re- By Mr. CASEY (for himself and Ms. Mr. FEINGOLD, and Mr. CORNYN): spect to the provision of assistance SNOWE): S. 446. A bill to permit the televising of Su- under part I of the Foreign Assistance S. 435. A bill to provide for evidence-based preme Court proceedings; to the Committee and promising practices related to juvenile on the Judiciary. Act of 1961. delinquency and criminal street gang activ- By Mr. LEVIN: S. 332 ity prevention and intervention to help build S. 447. A bill to amend the Commodity Ex- At the request of Mrs. FEINSTEIN, the individual, family, and community strength change Act to prevent excessive price specu- names of the Senator from California and resiliency to ensure that youth lead pro- lation with respect to energy and agricul- (Mrs. BOXER) and the Senator from ductive, safe, health, gang-free, and law- tural commodities, and for other purposes; Louisiana (Mr. VITTER) were added as abiding lives; to the Committee on the Judi- to the Committee on Agriculture, Nutrition, ciary. and Forestry. cosponsors of S. 332, a bill to establish By Mr. CORNYN: By Mr. SPECTER (for himself, Mr. a comprehensive interagency response S. 436. A bill to amend title 18, United SCHUMER, Mr. LUGAR, and Mr. to reduce lung cancer mortality in a States Code, to protect youth from exploi- GRAHAM): timely manner.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.051 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2323 S. 358 billion per year on long-term services. deal with the consequences of inad- At the request of Mr. CORNYN, the Despite recognizing that per person equate services available to their fam- names of the Senator from Georgia spending is much lower in community ily members. (Mr. CHAMBLISS), the Senator from Or- settings, and that people generally pre- Access to HCBS affects individuals in egon (Mr. WYDEN) and the Senator fer community services, Medicaid still all stages of life, including Americans from Pennsylvania (Mr. SPECTER) were spends 61 percent of its long-term serv- dealing with conditions such as Alz- added as cosponsors of S. 358, a bill to ices spending in institutional settings. heimer’s. Take Ann Bowers and Jay ensure the safety of members of the This disparity is due, in large part, to Sweatman for example. Without access United States Armed Forces while a strong access and payment bias in to HCBS services, Jay, who suffers using expeditionary facilities, infra- the program for institutional care. from early onset Alzheimer’s, was structure, and equipment supporting Where Medicaid does offer HCBS, it forced to first move into assisted living United States military operations is often in short supply, with more and then a nursing home. By the time overseas. than 280,000 Medicaid beneficiaries on Jay was approved for HCBS it was too S. 421 waiting lists for HCBS waiver services. late and he was no longer able to live Further, eligibility for HCBS waiver At the request of Mr. SPECTER, the independently. Ann had worked tire- services requires beneficiaries to al- names of the Senator from Iowa (Mr. lessly to coordinate her husband’s care ready have a very significant level of HARKIN), the Senator from Oregon (Mr. and get additional HCBS support but disability before gaining access, and WYDEN), the Senator from Kansas (Mr. the process was so difficult that by the they must meet a level of functional ROBERTS) and the Senator from West time help came, it was simply too late. need that qualifies them for a nursing Virginia (Mr. ROCKEFELLER) were added This is just one case of many where home. This not only contributes to the as cosponsors of S. 421, a bill to impose early HCBS intervention would have unmet needs of those in the commu- a temporary moratorium on the phase not only saved time, money, and stress nity but it also prevents states from out of the Medicare hospice budget for family members, but would have providing services that can help pre- neutrality adjustment factor. made a significant impact on the qual- vent beneficiaries from one day requir- ity of life and personal independence S. 427 ing high-cost institutional care. While for Jay and Ann. At the request of Mrs. LINCOLN, the institutionalized care may be an appro- Today I am introducing, with my col- name of the Senator from South Da- priate choice for some, it should be just league from the Finance Committee, kota (Mr. THUNE) was added as a co- that: a choice that individuals and Senator GRASSLEY, the Empowered at sponsor of S. 427, a bill to amend title families are allowed to make about the Home Act, a bill that increases access XVI of the Social Security Act to clar- most appropriate setting for their own to home and community-based services ify that the value of certain funeral care. by giving states new tools and incen- and burial arrangements are not to be The result of Medicaid’s ‘‘institu- tives to make these services more considered available resources under tional bias’’ is that, according to the available to those in need. It has four the supplemental security income pro- Georgetown Health Policy Institute, basic parts. gram. ‘‘one in five persons living in the com- First, it will improve the Medicaid S. 433 munity with a need for assistance from HCBS State Plan Amendment Option At the request of Ms. KLOBUCHAR, her others has unmet needs, endangering by giving states more flexibility in de- name was added as a cosponsor of S. their health and demeaning their qual- termining eligibility for which services 433, a bill to amend the Public Utility ity of life.’’ This is simply unaccept- they can offer under the program, Regulatory Policies Act of 1978 to es- able. which will create greater options for tablish a renewable electricity stand- The lack of long-term care options individuals in need of long-term sup- ard, and for other purposes. available to families has a significant ports. In return we ask that states no f impact on their lives. Many of my con- longer cap enrollment and that serv- stituents are affected, as are countless ices be offered throughout the entire STATEMENTS ON INTRODUCED Americans across the country. Take BILLS AND JOINT RESOLUTIONS state. the parents living in Newton who con- Second, the bill ensures that the By Mr. KERRY (for himself and tinue to wait for their physically dis- same spousal impoverishment protec- Mr. GRASSLEY): abled daughter, Julia, to have the op- tions offered for new nursing home S. 434. A bill to amend title XIX of portunity to live independently. Julia beneficiaries will be in place for those the Social Security Act to improve the is a young adult and instead of starting opting for home and community-based State plan amendment option for pro- out on her own, she must watch as her services. In addition, low-income re- viding home and community-based peers move away and begin their inde- cipients of home and community-based services under the Medicaid program, pendent lives—something she yearns to services will be able to keep more of and for other purposes; to the Com- do as well. Growing up, Julia was able their assets when they become eligible mittee on Finance. to attend Newton schools and keep a for Medicaid, allowing them to stay in Mr. KERRY. Mr. President, every day similar schedule to other children in their community as long as possible. millions of Americans are faced with the community but now has limited so- Third, the Empowered at Home Act significant challenges when it comes to cial interaction, as there is no other addresses the financial needs of spouses meeting their own personal needs or option but to live at home with her and family members caring for a loved caring for a loved one who needs sub- parents. Julia’s parents are her full one by offering tax-related provisions stantial support. Many elderly Ameri- time caregivers and would like to see to support family caregivers and pro- cans and individuals of all ages with her able to live in an environment motes the purchase of meaningful pri- disabilities need long-term services and more conducive to both her needs and vate long-term care insurance. supports, such as assistance with dress- their own. Community-based care or Finally, the bill seeks to improve the ing, bathing, preparing meals, and home-based care in an apartment she overall quality of home and commu- managing chronic conditions. They could share with a roommate are op- nity-based services available by pro- prefer to live and work in their com- tions Julia and her parents would mu- viding grants for states to invest in or- munity, and it is time that the Federal tually benefit from. As the opportuni- ganizations and systems that can help Government and states act as better ties for the future grow for her peers, to ensure a sufficient supply of high partners to provide improved access to Julia’s options continue to shrink be- quality workers, promote health, and home and community-based long-term cause housing and home-based supports transform home and community-based care services, HCBS. for adults with disabilities are limited care to be more consumer-centered. The Medicaid program, administered at best. I have heard many stories I want to say a word about the Com- by the States but jointly financed with similar to that of Julia, which empha- munity Choice Act, legislation long- the Federal Government, is our na- sizes the urgency in which HCBS is championed by Senator HARKIN that tion’s largest payer for long-term care needed. In addition to individual lives would make HCBS a mandatory benefit services. Medicaid spends about $100 being put on hold, entire families must in Medicaid. I am a strong supporter

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.031 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2324 CONGRESSIONAL RECORD — SENATE February 13, 2009 and co-sponsor of this landmark legis- Senator KERRY, I hope to set us on the during the 110th Congress. In this bill, lation, and look forward to working for path to completing the work we start- the income eligibility standard would its enactment as soon as possible. The ed in 2005 and continued in 2008. be raised for access to covered services legislation I am introducing today Making our long-term care system under section 1915(i) to persons who seeks to supplement—not supplant— more efficient is a critical goal as we qualify for Medicaid because their in- the Community Choice Act by increas- consider the future of health care. come does not exceed a specified level ing access to HCBS for those who are There are more than 35 million Ameri- established by the state up to 300 per- disabled but not at a sufficient level of cans, roughly 12 percent of the U.S. cent of the maximum Supplemental need to qualify for nursing home serv- population, over the age of 65. This Security Income, SSI, payment appli- ices. These two complimentary bills number is expected to increase dra- cable to a person living at home. This will finally make HCBS a right while matically over the next few decades as will significantly increase the number vastly improving HCBS availability to the baby boomers age and life expect- of people eligible for these services. vulnerable citizens of varying levels of ancy increases. According to the U.S. States will be able to align their insti- disability. Administration on Aging, by the year tutional and home and community- I would also like to thank a number 2030, there will be more than 70 million based care income eligibility levels. of organizations who have been inte- elderly persons in the United States. The bill would also establish two new gral to the development of the Empow- As the U.S. population ages, more and optional eligibility pathways into Med- ered at Home Act and who have en- more Americans will require long-term icaid. These groups would be eligible dorsed it today, including the National care services. for section 1915(i) home and commu- Council on Aging, the American Asso- The need for long-term care will also nity-based services as well as services ciation of Retired Persons, AARP, the be affected by the number of individ- offered under a state’s broader Med- Arc of the United States, United Cere- uals under the age of 65 who may re- icaid program. Under this bill, states with an approved 1915(k) state plan bral Palsy, the American Association quire a lifetime of care. Currently, al- amendment would have the option to of Homes and Services for the Aging, most half of all Americans who need extend Medicaid eligibility to individ- the Alzheimer’s Association, the Na- long-term care services are individuals uals: who are not otherwise eligible for tional Association of Area Agencies on with disabilities under the age of 65. medical assistance; whose income does Aging, the American Geriatrics Soci- This number includes over 5 million not exceed 300 percent of the supple- working-age adults and approximately ety, ANCOR, the Trust for America’s mental security income benefit rate; 400,000 children. Health, and SEIU. and who would satisfy state-estab- Improving access to a range of long- Long-term care for elderly and dis- lished needs-based criteria based upon term care services for the elderly and abled individuals, including care at a state’s determination that the provi- Americans of all ages with disabilities home and in nursing homes, represents sion of home and community-based is an issue that must not stray from almost 40 percent of Medicaid expendi- services would reasonably be expected our Nation’s health care priorities. I tures. Contrary to general assump- to prevent, delay, or decrease the need believe this legislation can move for- tions, it is Medicaid, not Medicare that for institutionalized care. Under this pays for the largest portion of long- ward in a bi-partisan manner to dra- new eligibility pathway, states could term care for the elderly. Over 65 per- matically improve access to high-qual- choose to either limit Medicaid bene- cent of Medicaid long-term care ex- ity home and community-based care fits to those home and community- penditures support elderly and disabled for the millions of Americans who are based services offered under section not receiving the significant supports individuals in nursing facilities and in- 1915(k) or allow eligibles to access serv- and services they need. stitutions. Although most people who ices available under a state’s broader Mr. GRASSLEY. Mr. President, I am need long-term care prefer to remain Medicaid program in addition to the pleased to join my colleague Senator at home, Medicaid spending for long- 1915(k) benefits. These changes will KERRY today to re-introduce the Em- term care remains heavily weighted to- give the states the option of exploring powered at Home Act for the 111th Con- ward institutional care. the use of an interventional use of Section 6086 of the Deficit Reduction gress. This bill is a continuation of ef- home and community-based services. If forts that I undertook in 2005 and again Act of 2005, DRA, P.L. 109–171, was states have the flexibility to provide in 2008 to improve access to home and based on the Improving Long-term the benefit as contemplated in the bill, community based services for those Care Choices Act. The DRA provision they can try to delay the need for in- needing long-term care. This is an im- authorized a new optional benefit stitutional care and keep people in portant piece of legislation that con- under Medicaid that allows states to their homes longer. tinues our efforts to make cost-effec- extend home and community-based As the number of Americans reaching tive home and community based care services to Medicaid beneficiaries retirement age grows proportionally options more available to those who under the section 1915(i) Home and larger, ultimately the number of Amer- need it. Community-Based Services State Op- icans needing more extensive care will In 2005, I introduced the Improving tion. Under this authority, states can grow. Many of these Americans will Long-term Care Choices Act with Sen- offer Medicaid-covered home and com- look to Medicaid for assistance. States ator BAYH. That legislation set forth a munity-based services under a state’s need more tools to provide numerous series of proposals aimed at improving Medicaid plan without obtaining a sec- options to people in need so that they the accessibility of long-term care in- tion 1915(c) home and community-based can stay in their own homes as long as surance and promoting awareness waiver. Eligibility for these section possible. about the protection that long-term 1915(i) services may be extended only to The cost of providing long-term care care insurance can offer. It also sought Medicaid beneficiaries already enrolled in an institutional setting is far more to broaden the availability of the types in the program whose income does not expensive care than providing care in of long-term care services such as exceed 150 percent of the Federal pov- the home. States will benefit from hav- home and community-based care, erty level. ing options before them that allow which many people prefer to institu- To date, only one State, my own them to keep people appropriately in tional care. state of Iowa, has sought to take ad- home settings longer. The more States The year 2005 ended up being a very vantage of the provision authorized learn how to use those tools, the more important year for health policy as it through the DRA. While we had hoped States and ultimately the Federal tax- relates to Americans who need exten- far more states would participate, we payer will benefit from reduced costs sive care. In the Deficit Reduction Act know that the relatively low income for institutional care. of 2005, Congress passed into law the cap, 150 percent, in the DRA provision I am also pleased that this bill will Family Opportunity Act, the Money creates an administrative complexity include key provisions from S. 2337, the Follows the Person initiative, and that has not made the option appealing Long-Term Care Affordability and Se- many critical pieces of the Improving for states. curity Act of 2007. The bill includes im- Long-term Care Choices Act. With the The bill we are re-introducing today portant tax provisions that I intro- bill I am re-introducing today with mirrors the one we introduced in 2008 duced in previous Congresses as well,

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.040 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2325 the Improving Long-term Care Choices him- or herself. Senator KERRY and I the attorney until the litigation is re- Act of 2005, introduced in the 109th recognize that these taxpayers—who solved, sometimes many years after Congress. have long-term care needs, yet are tak- the attorney has incurred the expenses Research shows that the elderly pop- ing care of themselves—should be pro- on behalf of their client. The IRS ulation will nearly double by 2030. By vided extra assistance. Also, taxpayers treats the expenses and court costs as a 2050, the population of those aged 85 taking care of a family member with loan despite the fact that no interest is and older will have grown by more long-term care needs would also be eli- charged and the lawyer only recoups than 300 percent. Research also shows gible for the tax credit. These tax- costs if the case is won or settled. Not that the average age at which individ- payers should be given a helping hand. only is the IRS’s position illogical, but uals need long-term care services, such As our population continues to age, the it is contrary to a ruling by the United as home health care or a private room least that we can do is provide a tax States Court of Appeals for the 9th Cir- at a nursing home, is 75. Currently, the benefit for these struggling individ- cuit. average annual cost for a private room uals. In Boccardo v. Commissioner, 56 F.3d at a nursing home is more than $75,000. 1016, 9t Cir. 1995, the 9th Circuit held This cost is expected to be in excess of By Mr. SPECTER (for himself, that because the firm had a ‘‘gross fee’’ $140,000 by 2030. Mr. GRAHAM, Mr. LEAHY, Mr. contract with the client, the firm in- Based on these facts, we can see that WYDEN, Mr. CRAPO, Mr. MAR- curred ordinary and necessary business our nation needs to prepare its citizens TINEZ, and Ms. LANDRIEU): expenses in the payment of costs and for the challenges they may face in old- S. 437. A bill to amend the Internal charges in connection with its clients’ age. One way to prepare for these chal- Revenue Code of 1986 to allow the de- litigation. Consequently, litigation lenges is by encouraging more Ameri- duction of attorney-advanced expenses costs such as filing fees, witness fees, cans to obtain long-term care insur- and court costs in contingency fee travel expenses, and medical consulta- ance coverage. To date, only 10 percent cases; to the Committee on Finance. tion fees were deductible as ordinary of seniors have long-term care insur- Mr. SPECTER. Mr. President, I seek and necessary business expenses in the ance policies, and only 7 percent of all recognition to introduce legislation to year the costs were incurred on behalf private-sector employees are offered amend Section 162 of the Internal Rev- of the clients. In a ‘‘gross fee’’ con- long-term care insurance as a vol- enue Code to permit attorneys to de- tract, the client is only obligated to untary benefit. duct expenses and court costs incurred pay their attorney a percentage of the Under current law, employees may on behalf of contingency fee clients as amount recovered and is not expressly pay for certain health-related benefits, an ordinary and necessary business ex- responsible for specific repayment of which may include health insurance pense in the year such expenses are costs. While the Boccardo court con- premiums, co-pays, and disability or sustained. I introduced the same legis- trasted ‘‘gross fee’’ contracts with ‘‘net life insurance, on a pre-tax basis under lation in the 110th Congress, and the fee’’ contracts, such a distinction is cafeteria plans and flexible spending bill attracted bipartisan support. My trivial for tax purposes. In both agree- arrangements, FSAs. Essentially, an bill simply clarifies the law to make ments, the attorney takes a consider- employee may elect to reduce his or certain that attorneys who take on able business risk to incur significant her annual salary to pay for these ben- contingency fee cases are able to enjoy costs on behalf of a client and only re- efits, and the employee doesn’t pay the same tax benefits as virtually coups the expenses if a recovery is won. Despite the Boccardo court’s ruling taxes on the amounts used to pay these every other small business in the coun- in favor of attorneys, the IRS con- costs. Employees, however, are explic- try. tinues to treat the out-of-pocket costs itly prohibited from paying for the cost Contingency agreements between at- related to contingency fee cases as of long-term care insurance coverage torneys and clients are very common loans. Lawyers who make the decision tax-free. in personal injury, medical mal- Our bill would allow employers, for practice, product liability, Social Secu- to deduct these costs are exposed to po- tential audit and litigation. Over the the first time, to offer qualified long- rity disability, workers compensation, past 13 years, taxpayers have had to term care insurance to employees civil liberties, and employment cases. proceed at their own peril—Ninth Cir- under FSAs and cafeteria plans. This Under these agreements, an attorney cuit taxpayers risk a conflict with the means employees would be permitted pays all out-of-pocket costs associated IRS on this matter despite the case to pay for qualified long-term care in- with a case before any conclusion to law, and taxpayers outside of the Ninth surance premiums on a tax-free basis. the case. Such expenses include costs Circuit have no guidance at all since This would make it easier for employ- for expert witnesses, depositions, med- they cannot directly rely on Boccardo. ees to purchase long-term care insur- ical records, and court fees. Contin- My bill reverses an unfair IRS posi- ance, which many find unaffordable. gency agreements have numerous bene- tion by treating these businesses the This should also encourage younger in- fits to clients; in particular, indigent same as all other small businesses. It dividuals to purchase long-term care individuals who might otherwise be un- does so by allowing attorneys with con- insurance. The younger the person is at able to afford legal services. tingency fee clients to deduct their ex- the time the long-care insurance con- The obvious benefit to clients of con- penses and costs in the year that they tract is purchased, the lower the insur- tingency fee arrangements is that they are paid. My legislation does not give ance premium. do not have to incur out-of-pocket ex- attorneys anything above and beyond Our bill also allows an individual tax- penses for attorneys’ fees. This may be that which is currently enjoyed by vir- payer to deduct the cost of their long- particularly valuable to clients who do tually every other small business in term care insurance policy. In other not have the ability to pay attorneys our country. words, the individual can reduce their by the hour to advance their case. The Mr. President, I ask unanimous con- gross income by the premiums that arrangement also benefits the client by sent that the text of the bill be printed they pay for a long-term care policy, effectively spreading the risk of litiga- in the RECORD. and therefore, pay less in taxes. This tion. An hourly-rate payment agree- There being no objection, the text of tax benefit for long-term care insur- ment requires the client to assume all the bill was ordered to be printed in ance should encourage more individ- of the risk because the attorneys’ fees the RECORD, as follows: uals to purchase these policies. It cer- are a sunk cost. However, under a con- S. 437 tainly makes a policy more affordable, tingent-fee arrangement, the attorney Be it enacted by the Senate and House of Rep- especially for younger individuals. This shares that risk and is only paid a fee resentatives of the United States of America in would allow a middle-aged taxpayer to if he wins the case or obtains a settle- Congress assembled, start planning for the future now. ment. SECTION 1. DEDUCTION OF ATTORNEY-AD- Finally a provision that is included Currently, the Internal Revenue VANCED EXPENSES AND COURT in our bill that I am really pleased Service, IRS, treats expenses and court COSTS IN CONTINGENCY FEE CASES. (a) IN GENERAL.—Section 162 of the Inter- with is one that provides a tax credit costs on behalf of contingency clients nal Revenue Code of 1986 (relating to trade or to long-term caregivers. Long-term as loans to the client. As a result, the business expenses) is amended by redesig- caregivers could include the taxpayer IRS does not permit any deduction by nating subsection (q) as subsection (r) and by

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.073 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2326 CONGRESSIONAL RECORD — SENATE February 13, 2009 inserting after subsection (p) the following of services through a network of cen- (3) despite the availability of abundant new subsection: ters that would be based in Indian natural resources on Indian land and a rich ‘‘(q) ATTORNEY-ADVANCED EXPENSES AND Country. cultural legacy that places great value on COURT COSTS IN CONTINGENCY FEE CASES.— Under this bill, the Corporation self-determination, self-reliance, and inde- There shall be allowed as a deduction under pendence, Indians and Alaska Natives experi- this section any expenses and court costs would be authorized to issue 500,000 ence poverty and unemployment, together paid or incurred by an attorney the repay- shares of common stock at $50 per with associated incidences of social pathol- ment of which is contingent on a recovery by share to every Tribal Nation in Indian ogy, to an extent unequaled by any other judgment or settlement in the action to Country and Alaska. The Corporation group in the United States; which such expenses and costs relate. Such would be managed by a Board elected (4)(A) the reasons for that poverty and un- deduction shall be allowed in the taxable by the Tribal shareholders and the employment have been widely studied and year in which such expenses and costs are Board would be charged with hiring a documented by Congress, the Government paid or incurred by the taxpayer.’’. President and a team of managers as Accountability Office, the Department of the (b) EFFECTIVE DATE.—The amendments Interior, private academic institutions, and made by this section shall apply to expenses well as set operating policies. Seed cap- Indian tribes; and and costs paid or incurred after the date of ital would be injected into the Indian (B) the studies described in subparagraph the enactment of this Act, in taxable years Development Finance Corporation (A) have consistently identified as funda- beginning after such date. (IDFC) by the U.S. Treasury in ex- mental obstacles to balanced economic change for the issuance of capital growth and progress by Indians and Alaska By Mr. INOUYE: stock. Initially, $20 million in start-up Natives— S. 439. A bill to provide for and pro- funds would be invested and after the (i) the very limited availability of long- mote the economic development of In- majority of common stock was pur- term development capital and sources of fi- dian tribes by furnishing the necessary nancial credit necessary to support in Indian chased by tribes, another $80 million country the development of a private sector capital, financial services, and tech- would be authorized. nical assistance to Indian-owned busi- economy comprised of Indian-owned business I believe that the IDFC can take ad- enterprises; ness enterprises, to stimulate the de- vantage of opportunities to integrate (ii) the lack of effective control by Indians velopment of the private sector of In- the economic stimulus activities soon over their own land and resources; and dian tribal economies, and for other to be created by the American Recov- (iii) the scarcity of experienced Indian purposes; to the Committee on Indian ery and Reinvestment Act, and. I am managers and technicians; Affairs. confident that there will be support (5) previous efforts by the Federal Govern- Mr. INOUYE. Mr. President, I rise ment directed at stimulating Indian eco- forthcoming from those tribal govern- nomic development through the provision of today to introduce a bill to establish ments and Alaska Native corporations an Indian Development Finance Cor- grants, direct loans, loan guarantees, and in- that have the resources to invest in the terest subsidies have fallen far short of ob- poration as an independent, Federally- economic infrastructure initiatives jectives due to— chartered corporation that is modeled that will be established by the IDFC in (A) inadequate funds; after the family of Development Banks this period of our greatest need. (B) lack of coordination; established by the World Bank in less- Mr. President, I ask unanimous con- (C) arbitrary project selection criteria; er-developed countries around the sent that the text of the bill be printed (D) politicization of the delivery system; and world. in the RECORD. Mr. President, in my more than 30 (E) other inefficiencies characteristic of a There being no objection, the text of system of publicly administered financial years of service on the U.S. Senate the bill was ordered to be printed in Committee on Indian Affairs, I have intermediation; and the RECORD, as follows: (6) the experience acquired by multilateral visited many Indian communities and S. 439 lending institutions among ‘‘lesser-developed Alaska Native villages, and I have seen Be it enacted by the Senate and House of Rep- countries’’ has demonstrated the value and that in many parts of Indian country, resentatives of the United States of America in necessity of development financial institu- there are economic and social condi- Congress assembled, tions in achieving economic growth in under- developed economies and societies that are tions that are as dire as those condi- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. strikingly similar to Indian and Alaska Na- tions found in the so-called ‘‘lesser de- (a) SHORT TITLE.—This Act may be cited as tive communities in relation to matters such veloped countries’’ around the world. the ‘‘Indian Development Finance Corpora- as— And although we have seen some eco- tion Act’’. (A) control over natural resource manage- (b) TABLE OF CONTENTS.—The table of con- nomic success in recent years across ment; tents of this Act is as follows: Native America as a result of the In- (B) the absence of experienced, indigenous dian Gaming Regulatory Act, most In- Sec. 1. Short title; table of contents. managers and technicians; and dian tribes and Native villages are not Sec. 2. Findings and policy. (C) the availability of long-term develop- engaged in the conduct of gaming, nor Sec. 3. Definitions. ment capital and private sources of financial have tribal governments found the TITLE I—INDIAN DEVELOPMENT credit. means to overcome the challenges as- FINANCE CORPORATION (b) POLICY.—It is the policy of the United sociated with their remote locations Sec. 101. Establishment of Corporation. States that, in fulfillment of the special and long-standing responsibility of the United from populations centers and market Sec. 102. Duties and powers. Sec. 103. Loans and obligations. States to Indian tribes, the United States places that serve the commercially- Sec. 104. Board of Directors. should provide assistance to Indians in ef- successful tribal gambling operations. Sec. 105. President of Corporation. forts to break free from the devastating ef- In those rurally-isolated areas, there Sec. 106. Annual shareholder meetings. fects of extreme poverty and unemployment is real potential to succeed in devel- Sec. 107. Annual reports; development plan. and achieve lasting economic self-sufficiency oping viable local economies based on TITLE II—CAPITALIZATION through the development of the private sec- tor of tribal economies by establishing a fed- agricultural and fishery resources, and Sec. 201. Issuance of stock. erally chartered, mixed-ownership develop- the development of the vast energy re- Sec. 202. Borrowing authority. ment financing institution to provide a sources that are located on Indian TITLE III—AUTHORIZATION OF broad range of financial intermediary serv- lands. What these Native communities APPROPRIATIONS ices (including working capital, direct loans, need is the type of development financ- Sec. 301. Authorization of appropriations. loan guarantees, and project development as- ing services that the World Bank has SEC. 2. FINDINGS AND POLICY. sistance) using the proven efficiencies of the successfully established—institutions (a) FINDINGS.—Congress finds that— private market mode of operation. empowered to make small, leveraged (1) a special relationship has existed be- SEC. 3. DEFINITIONS. capital investments and economic in- tween the United States and Indian tribes, In this Act: frastructure development to support which is recognized in clause 3 of section 8 of (1) BOARD.—The term ‘‘Board’’ means the tailored industrial programs, internet- article I of the Constitution of the United Board of Directors of the Corporation. based communication services, na- States; (2) CORPORATION.—The term ‘‘Corporation’’ (2) pursuant to laws, treaties, and adminis- means the Indian Development Finance Cor- tional and international trade agree- trative authority, Congress has implemented poration established by section 101(a). ments, and economic research capabili- activities to fulfill the responsibility of the (3) INDIAN.—The term ‘‘Indian’’ means an ties. An Indian Development Finance United States for the protection and preser- individual who is a member of an Indian Corporation could provide these kinds vation of Indian tribes and tribal resources; tribe.

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.032 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2327

(4) INDIAN BUSINESS ENTERPRISE.— States Code, except that the Corporation (2) the loan or obligation proposed to be (A) IN GENERAL.—The term ‘‘Indian busi- shall provide financial assistance only in ac- purchased, insured, or discounted will be ness enterprise’’ means any commercial, in- cordance with this Act; fully repayable by the Indian business enter- dustrial, or business entity— (3) with respect to any real, personal, or prise in accordance with the terms and con- (i) at least 51 percent of which is owned by mixed property (or any interest in such prop- ditions of the loan or obligation. 1 or more Indian tribes; erty)— (c) TERMS, RATES, AND CHARGES.— (ii) that produces or provides goods, serv- (A) lease, purchase, accept gifts or dona- (1) IN GENERAL.—In establishing the terms, ices, or facilities on a for-profit basis; tions of, or otherwise acquire the property; rates, and charges for a loan provided under (iii) that is chartered or controlled by an (B) own, hold, improve, use, or otherwise this section, the Corporation, to the max- Indian tribe or tribal organization that is a deal in or with the property; and imum extent practicable, shall seek to pro- øshareholder/member¿ of the Corporation; (C) sell, convey, mortgage, pledge, lease, vide the type of credit needed by the applica- (iv) the principal place of business of which exchange, or otherwise dispose of the prop- ble Indian business enterprise at the lowest is located within or adjacent to the bound- erty; reasonable cost and on a sound business aries of a reservation; and (4)(A) sue and be sued in corporate name; basis, taking into consideration— (v) the principal business activities of (B) complain and defend in any court of (A) the cost of money to the Corporation; which, in addition to the production of a competent jurisdiction; and (B) the necessary reserve and expenses of stream of income, as determined by the Cor- (C) represent itself, or contract for rep- the Corporation; and poration— resentation, in any judicial, legal, or other (C) the technical and other assistance at- (I) are directly beneficial to an Indian proceeding; tributable to loans made available by the tribe; and (5)(A) with the approval of the department Corporation under this section. (II) contribute to the economy of that In- or agency concerned, make use of the serv- (2) INTEREST RATES.—The terms of a loan dian tribe. ices, facilities, and property of any board, under this subsection may provide for an in- (B) INCLUSION.—The term ‘‘Indian business commission, independent establishment, or terest rate that varies from time to time enterprise’’ includes any subsidiary entity Federal department or agency in carrying during the repayment period of the loan in owned and controlled by an entity described out this Act; and accordance with the interest rates being in subparagraph (A). (B) pay for that use, with the payments to charged by the Corporation for new loans during those periods. (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ be credited to the applicable appropriation (d) ADVANCING AND RELOANING.—A loan has the meaning given the term in section 4 that incurred the expense; provided under this section may be advanced of the Indian Self-Determination and Edu- (6) use the United States mails on the same or reloaned by the Corporation to any mem- cation Assistance Act (25 U.S.C. 450b). terms and conditions as a Federal depart- ber or shareholder of the Corporation for the (6) RESERVATION.—The term ‘‘reservation’’ ment or agency; development of an individually owned busi- has the meaning given the term in section 3 (7) obtain insurance or make other provi- ness on or adjacent to a reservation, in ac- of the Indian Financing Act of 1974 (25 U.S.C. sions against losses; cordance with the bylaws of the Corporation. 1452). (8) participate with 1 or more other finan- (e) LOAN GUARANTEES.— (7) SECRETARY.—The term ‘‘Secretary’’ cial institutions, agencies, instrumental- (1) IN GENERAL.—The Corporation may means the Secretary of the Interior. ities, trusts, or foundations in loans or guar- guarantee any part of the principal or inter- (8) TRIBAL ORGANIZATION.—The term ‘‘trib- antees provided under this Act on such terms est of a loan that is provided— al organization’’ means— as may be agreed on; (A) by a State-chartered or federally char- (A) the governing body of an Indian tribe; (9) accept guarantees from other agencies tered lending institution to an Indian busi- and for which loans made by the Corporation ness enterprise that meets the requirements (B) any entity established, controlled, or may be eligible; of subsection (b); and owned by such a governing body. (10) establish, as soon as practicable, re- (B) in accordance with such terms and con- TITLE I—INDIAN DEVELOPMENT FINANCE gional offices to more efficiently serve the ditions (including the rate of interest) as CORPORATION widely disbursed Indian population; would be permissible if the loan was a direct SEC. 101. ESTABLISHMENT OF CORPORATION. (11) buy and sell— loan provided by the Corporation. (a) IN GENERAL.—There is established a (A) obligations of, or instruments insured (2) CHARGES.—The Corporation may impose corporation, to be known as the ‘‘Indian De- by, the Federal Government; and a charge for a loan guarantee provided under velopment Finance Corporation’’. (B) securities backed by the full faith and this subsection. (b) POWERS OF CONGRESS.—Congress shall credit of any Federal department or agency; (3) LIMITATION.—The Corporation shall not have the sole authority— (12) make such investments as the Board provide a loan guarantee under this sub- (1) to amend the charter of the Corpora- determines to be appropriate; section if the income to the lender from the tion; and (13) establish such offices within the Cor- applicable loan is excludable from the gross (2) to terminate the Corporation. poration as are necessary, including— income of the lender for purposes of chapter SEC. 102. DUTIES AND POWERS. (A) project development; 1 of the Internal Revenue Code of 1986. (a) DUTIES.—The Corporation shall— (B) project evaluation and auditing; (4) ASSIGNABILITY.—A loan guarantee under (1) provide development capital through fi- (C) fiscal management; this subsection shall be assignable to the ex- nancial services under section 103; (D) research and development; and tent provided in the contract for the loan (2) encourage the development of new and (E) such other activities as are authorized guarantee. existing Indian business enterprises eligible by the Board; and (5) INCONTESTABILITY.—A loan guarantee to receive assistance from the Corporation (14) exercise all other authority necessarily under this subsection shall be incontestable, by providing, and coordinating the avail- or reasonably relating to the establishment except in any case of fraud or misrepresenta- ability of— of the Corporation to carry out this Act. tion of which the holder of the loan had ac- (A) long-term capital and working capital; SEC. 103. LOANS AND OBLIGATIONS. tual knowledge at the time the holder ac- (B) loans, loan guarantees, and other forms (a) IN GENERAL.—The Corporation may— quired the loan. of specialized credit; and (1) make loans or commitments for loans (6) PURCHASE OF GUARANTEED LOANS.— (C) technical and managerial assistance to any Indian business enterprise; and (A) IN GENERAL.—In lieu of requiring the and training; (2) purchase, insure, or discount any obli- original lender to service a loan guaranteed (3) maintain broad-based control of the gation of an Indian business enterprise, if under this subsection until final maturity or Corporation relative to the voting share- the Indian business enterprise meets the re- liquidation, the Corporation may purchase holders of the Corporation; quirements of subsection (b). the guaranteed loan without penalty, if the (4) encourage active participation in the (b) REQUIREMENTS.—An Indian business en- Corporation determines that— Corporation by Indian tribes through owner- terprise meets the requirements of this sub- (i) the purchase would not be detrimental ship of equity securities of the Corporation; section if the Corporation determines that— to the interests of the Corporation; and (1) the Indian business enterprise has or (ii) liquidation of the guaranteed loan (5) otherwise assist in strengthening Indian will have— would— tribal economies through the development of (A) a sound organizational and financial (I) result in the insolvency of the borrower; Indian business enterprises. structure; or (b) POWERS.—In carrying out this Act, the (B) income in excess of the operating costs (II) deprive the borrower of an asset essen- Corporation may— of the Indian business enterprise; tial to continued operation; and (1) adopt and alter a corporate seal, which (C) assets in excess of the obligations of (iii)(I) the guaranteed loan will be repay- shall be judicially noticed; the Indian business enterprise; and able on revision of the rates, terms, payment (2)(A) enter into agreements and contracts (D) a reasonable expectation of continuing periods, or other conditions of the loan, con- with individuals, Indian tribes, and private demand for— sistent with loans made by the Corporation or governmental entities; and (i) the products, goods, commodities, or under subsection (a)(1); but (B) make payments or advance payments services of the Indian business enterprise; or (II) the lender or other holder of the guar- under those agreements and contracts with- (ii) the facilities of the Indian business en- anteed loan is unwilling to make such a revi- out regard to section 3324 of title 31, United terprise; and sion.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.045 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2328 CONGRESSIONAL RECORD — SENATE February 13, 2009

(B) AMOUNT.—The amount paid by the Cor- (1) neglect of duty; or (B) chapter 51 or subchapter III of chapter poration to purchase a loan under subpara- (2) malfeasance in office. 53 of title 5, United States Code. graph (A) shall not exceed an amount equal (f) ADMINISTRATIVE DUTIES.— SEC. 106. ANNUAL SHAREHOLDER MEETINGS. to the sum of— (1) CHAIRPERSON AND VICE-CHAIRPERSON.— (a) MEETINGS.— (i) the balance of the principal of the loan; The Board shall annually elect from among (1) IN GENERAL.—The Corporation shall and the members of the Board described in øsub- hold meetings of the shareholders of the Cor- (ii) the amount of interest accrued on the section (a)(2)¿ a chairperson and vice-chair- poration not less frequently than once each loan as of the date of purchase. person. year. (f) PURCHASES OF EQUITY AND OWNERSHIP; (2) POLICIES AND MANAGEMENT.—The Board (2) OPENNESS.—A shareholder meeting SUPERVISION AND PARTICIPATION.— shall— under this section shall be held open to the (1) PURCHASES OF EQUITY AND OWNERSHIP.— (A) establish the policies of the Corpora- public. For purposes of providing long-term capital tion; and (3) NOTICE.—The Corporation shall provide and working capital to Indian business en- (B) supervise the management of the Cor- to each shareholder of the Corporation a no- terprises, the Corporation may purchase, or poration. tice of each shareholder meeting under this make commitments to purchase, any portion (3) BYLAWS.—The Board shall adopt and section by not later than 30 days before the of the equity or ownership interest in the In- amend, as necessary, such bylaws as are nec- date of the meeting. dian business enterprise if the Corporation essary for the proper management and func- (b) ACTIVITIES.— determines, after a full and complete ap- tion of the Corporation. (1) CORPORATION.—At a shareholder meet- praisal of all project and business plans asso- (4) MEETINGS.— ing under this section, the Corporation— ciated with the investment, that the invest- (A) IN GENERAL.—The Board shall meet at (A) shall provide to shareholders a report ment will not expose the Corporation to any the call of the chairperson of the Board, in describing— unreasonable business risk, taking into con- accordance with the bylaws of the Corpora- (i) the activities of the Corporation during sideration applicable development finance tion, not less frequently than once each the preceding calendar year; and standards, as applied to Indian economic de- quarter. (ii) the financial condition of the Corpora- velopment in light of the socioeconomic, po- (B) PRIVATE EXECUTIVE SESSIONS.—The tion as in effect on the date of the meeting; litical, and legal conditions unique to res- Board may meet in a private executive ses- and ervations. sion if the matter involved at the meeting (B) may present to the shareholders pro- may impinge on the right of privacy of an in- (2) SUPERVISION AND PARTICIPATION.—The posals for future action and other matters of Corporation may supervise or participate in dividual. general concern to shareholders and Indian (g) MEMBER APPOINTED BY SECRETARY.— the management of an Indian business enter- business enterprises eligible to receive serv- The member of the Board appointed by the prise in which an investment has been made Secretary under subsection (a)(1) shall— ices of the Corporation. under paragraph (1), in accordance with such (1) have 20 percent of the share of votes (2) SHAREHOLDERS.—At a shareholder meet- terms and conditions as are agreed to by the cast at each annual shareholder meeting; ing under this section, a shareholder of the Corporation and the Indian business enter- and Corporation may— prise, including the assumption of a director- (A) present a motion or resolution relating (2) be overruled only by 2⁄3 majority vote at ship in the corporate body of the Indian busi- a regular meeting of the Board with respect to any matter within the scope of this Act; ness enterprise by an officer of the Corpora- to any matter regarding— and tion. (A) a request by the Board of capital under (B) participate in any discussion relating SEC. 104. BOARD OF DIRECTORS. subsection (b)(3)(B) or (c)(2)(B) of section 201; to such a matter or any other matter on the (a) MEMBERSHIP.—The Corporation shall be (B) borrowing by the Corporation of any agenda of the meeting. (c) VOTING.—Each Indian tribe that is a headed by a board of directors, to be com- amount in excess of $10,000,000; member of the Corporation may vote the posed of 21 members, of whom— (C) a loan or investment made by the Cor- common stock of the Indian tribe regard- (1) 1 shall be a Federal official, to be ap- poration in excess of $10,000,000; or ing— pointed by the Secretary; (D) a change to an investment or credit (1) any matter on the agenda of a meeting (2) 19 shall be representatives of the share- policy of the Corporation. under this section; or holders of the Corporation, to be appointed (h) COMPENSATION.— (2) any other matter relating to the elec- by the Secretary— (1) NON-GOVERNMENTAL EMPLOYEES.—A (A) based on consultation with, and rec- member of the Board who is not otherwise tion of a member of the Board. ommendations from, Indian tribes; employed by the Federal Government or a SEC. 107. ANNUAL REPORTS; DEVELOPMENT (B) in accordance with subsection (b); and State government shall receive compensa- PLAN. (C) taking take into consideration the ex- tion at a rate equal to the daily rate for GS– (a) ANNUAL REPORTS.— perience of a representative regarding— 18 of the General Schedule under section 5332 (1) IN GENERAL.—Not later than 1 year after (i) private business enterprises; and of title 5, United States Code, for each day, the date of enactment of this Act and annu- (ii) development or commercial financing; including traveling time, during which the ally thereafter, the Board shall submit to and member carries out a duty as a member of the appropriate committees of Congress a re- (3) 1 shall be the president of the Corpora- the Board. port describing— (A) the activities of the Corporation during tion. (2) GOVERNMENTAL EMPLOYEES.—A member the preceding calendar year; and (b) APPOINTMENT OF SHAREHOLDER REP- of the Board who is an officer or employee of (B) the capital and financial condition of RESENTATIVES.—The initial members of the the Federal Government or a State govern- Board appointed under subsection (a)(2) shall ment shall serve without additional com- the Corporation as in effect on the date of be appointed by the Secretary, based on rec- pensation. submission of the report. (2) INCLUSION.—Each report under para- ommendations from Indian tribal leaders. (3) TRAVEL AND OTHER EXPENSES.—Each graph (1) shall include recommendations for (c) TERMS OF SHAREHOLDER REPRESENTA- member of the Board shall be reimbursed for legislation to improve the services of the TIVES.—The terms of service of the initial travel, subsistence, and other necessary ex- members of the Board appointed under sub- penses incurred by the member in carrying Corporation. (b) DEVELOPMENT PLAN.—Not later than 1 section (a)(2) shall terminate at the begin- out a duty as a member of the Board. ning of the first annual meeting of share- year after the date of enactment of this Act, SEC. 105. PRESIDENT OF CORPORATION. the Corporation shall submit to Congress a holders of the Corporation held as soon as (a) APPOINTMENT.—The Board shall appoint comprehensive, 5-year organizational devel- practicable after the date on which subscrip- a president of the Corporation. opment plan that includes— tions have been paid for at least 10 percent of (b) DUTIES AND POWERS.—The president the common stock of the Corporation ini- shall— (1) financial projections for the Corpora- tially offered for sale to Indian tribes under (1) serve as the chief executive officer of tion; section 201(b). the Corporation; and (2) a description of the corporate structure and locations of the Corporation; and (d) VACANCIES.— (2) subject to the direction of the Board (3) operational guidelines for the Corpora- (1) IN GENERAL.—Subject to paragraph (2), a and the general supervision of the chair- vacancy on the Board resulting from the res- person, carry out the policies and functions tion, particularly regarding the coordinating ignation or removal of a member of the of the Corporation; relationship the Corporation has, or plans to Board shall be filled by the Board in accord- (3) manage the personnel and activities of have, with Federal domestic assistance pro- ance with the bylaws of the Corporation. the Corporation; and grams that allocate financial resources and services to Indian tribes and reservations for (2) TERM.—The term of service of a member (4) on approval of the Board, appoint and of the Board appointed under paragraph (1) fix the compensation and duties of such offi- economic and business development pur- shall terminate at the beginning of the next cers and employees as may be necessary for poses. annual shareholder meeting of the Corpora- the efficient administration of the Corpora- TITLE II—CAPITALIZATION tion occurring after the date of appointment. tion, without regard to— SEC. 201. ISSUANCE OF STOCK. (e) REMOVAL.—A member of the Board may (A) the provisions of title 5, United States (a) ISSUANCE.— be removed from office by the Board only Code, governing appointments in the com- (1) IN GENERAL.—The Corporation may for— petitive service; or issue shares of stock in the Corporation, in

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.045 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2329 such quantity and of such class as the Board SEC. 202. BORROWING AUTHORITY. duction equal to two percent of the in- determines to be appropriate, in accordance (a) ISSUANCE OF OBLIGATIONS.—The Cor- dividual’s adjusted gross income and with this section. poration may issue such bonds, notes, and subject to a complete disallowance other obligations at such times, bearing in- (2) REQUIREMENT.—A share of stock under when calculating the alternative min- paragraph (1) may be issued to, and held by, terest at such rates, and containing such only— terms and conditions as the Board, in con- imum tax. Consequently, many plain- (A) an Indian tribe; or sultation with the Secretary of the Treas- tiffs end up incurring significant tax li- (B) the Federal Government. ury, determines to be appropriate. ability beyond the amount they actu- (3) REDEMPTION AND REPURCHASE.—The (b) AMOUNT OF OBLIGATIONS.—The aggre- ally bring home after winning or set- Corporation may redeem or repurchase a gate amount of the obligations issued pursu- tling a case. share of stock issued pursuant to paragraph ant to subsection (a) shall not exceed an Congress partially corrected the (1) øat a price to be determined by the amount equal to the sum of— problem in 2004, when we passed, and Board¿. (1) the product obtained by multiplying— (A) the sum of— President Bush signed, the American (b) INITIAL OFFERING OF COMMON STOCK.— (i) the paid-in capital of the Corporation; Jobs Creation Act of 2004, Jobs Act. (1) IN GENERAL.—The Corporation shall and The Jobs Act allows an above-the-line make an initial offering of common stock of (ii) the retained earnings and profits of the deduction for amounts attributable to the Corporation to Indian tribes under this Corporation; and attorneys’ fees and costs received by section— (B) 10; and (A) in a quantity of not less than 500,000 individuals based on claims brought (2) the sum of the book values of— shares; and under certain statutes, including the (A) the capital subject to request of the (B) at a price of not less than $50 per share. False Claims Act, 1862(b)(3)(A) of the Board represented by the total commitments (2) FORM OF PAYMENT.—Of the price paid by of Indian tribal shareholders under section Social Security Act, or unlawful dis- an Indian tribe for a share of stock of the 201(b)(2)(B); and crimination claims. Prior to enact- Corporation under this subsection— (B) the amount paid by the Secretary ment of the Jobs Act, the Internal Rev- (A) 20 percent shall be provided in cash or under section 201(c)(2). enue Code already excluded from in- cash-equivalent securities; and (c) SALE OF OBLIGATIONS.—An obligation of come awards arising out of claims re- (B) 80 percent shall provided in the form of the Corporation under subsection (a) may lating to physical injury and sickness. a legally binding financial commitment that be— is— However, attorneys’ fees paid in the (1) issued through an agent by negotiation, pursuit and collection of punitive (i) available at the request of the Board to offer, bid, syndicate sale, or otherwise; and meet the obligations of the Corporation; but (2) completed by book entry, wire transfer, awards, awards for libel, slander, or (ii) not available for any lending activity or any other appropriate method. other awards in cases not involving a or administrative expenses of the Corpora- physical injury or a claim of discrimi- tion. TITLE III—AUTHORIZATION OF APPROPRIATIONS nation are still not subtracted from (c) SUBSCRIPTION BY SECRETARY FOR SEC. 301. AUTHORIZATION OF APPROPRIATIONS. gross income. HARES OF APITAL TOCK S C S .— (a) GENERAL OPERATIONAL EXPENSES.— In 2005, the United States Supreme (1) IN GENERAL.—The Secretary may sub- There are authorized to be appropriated— Court added further confusion to the scribe for not more than 2,000,000 shares of (1) $2,000,000 for fiscal year 2009 to carry issue. In Commissioner v. Banks, 543 U.S. capital stock of the Corporation. out this Act; 426 (2005), the Court attempted to re- (2) PAYMENTS.— (2) $2,500,000 for each of fiscal years 2010 solve a circuit split on the Federal in- (A) INITIAL PERIOD.—Not later than 2 years through 2014 to carry out project develop- after the date of enactment of this Act, the come tax treatment of attorneys’ fees. ment activities under this Act; and In an 8–0 opinion, the Court held that Secretary shall pay to the Corporation for (3) such sums as are necessary to carry out subscription for capital stock under para- this Act (other than subparagraphs (A) and when a litigant’s recovery constitutes graph (1) not less than $20,000,000. (B) of section 201(c)(2)) for each of fiscal income, the litigant’s income includes (B) SUBSEQUENT PERIOD.— years 2010 through 2014. the portion of the recovery paid to the (i) IN GENERAL.—Beginning in fiscal year (b) PAID-IN CAPITAL STOCK.—There are au- attorney as a contingent fee. Con- 2012, the Secretary shall pay to the Corpora- thorized to be appropriated— sequently, for those claims not ex- tion for subscription for capital stock under (1) for each of fiscal years 2010 and 2011, paragraph (1)— cluded from gross income in the Jobs $10,000,000 to carry out section 201(c)(2)(A); Act, attorneys’ fees are subjected to (I) $80,000,000; or and (II) such lesser amount as the Board may (2) for fiscal year 2011 and each fiscal year double taxation; subjected to a reduc- request, in accordance with clause (ii). thereafter, $80,000,000 to carry out section tion equal to two percent of the indi- (ii) REQUESTS BY BOARD.—The amount of a 201(c)(2)(B). vidual’s adjusted gross income when request by the Board under clause (i)(II) listed as a miscellaneous itemized de- shall be determined jointly by the Secretary By Mr. SPECTER (for himself duction; and subjected to a complete and the Board based on an assessment of the and Mr. LEAHY): disallowance when calculating the al- need of the Corporation, taking into consid- S. 440. A bill to amend the Internal eration a risk analysis of the investment and ternative minimum tax. credit policies and practices of the Corpora- Revenue Code of 1986 to allow an above- My legislation corrects the problem tion. the-line deduction for attorney fees by permitting taxpayers to subtract (iii) LIMITATIONS.—A payment under this and costs in connection with civil from their taxable gross income the at- subparagraph— claim awards; to the Committee on Fi- torneys’ fees and court costs paid by (I) shall be subject to the availability of nance. the taxpayer in connection with an appropriations; Mr. SPECTER. Mr. President, I seek award or settlement of monetary dam- (II) shall be provided only as needed to recognition to introduce legislation to ages in all civil claims. The legislation meet the obligations of the Corporation; and amend Section 62(a)(20) of the Internal would ensure more uniform treatment (III) shall not be available for any lending Revenue Code to allow taxpayers to activity or administrative expenses of the of contingency fees in all types of liti- Corporation. subtract from their taxable gross in- gation, not just the limited categories (3) REQUIREMENTS.—A share of capital come the attorneys’ fees and court of litigation as specified in the Jobs stock subscribed for by the Secretary under costs paid by the taxpayer in connec- Act. Importantly, this change does not this subsection— tion with an award or settlement of affect the requirement that attorneys (A) shall be valued at not less than $50 per monetary damages in a civil claim. pay federal income tax on legal fees share; Such a deduction is commonly referred they receive. The legislation does (B) shall be nonvoting stock; to as an ‘‘above-the-line’’ deduction. eliminate the inequity of the client (C) shall not accrue dividends; and Under current law, there is an in- (D) shall not be transferred to any indi- also paying taxes on attorneys’ fees de- vidual or entity other than the Corporation. equity in the tax code that results in spite not receiving the funds under the the double taxation of attorneys’ fees terms of a contingency fee contract. (d) EXEMPTED SECURITIES.—A share of and costs in certain circumstances. In I encourage my colleagues to join me stock, and any other security or instrument, addition, attorneys’ fees paid by indi- issued by the Corporation shall be considered in this effort to bring fairness to the to be an exempted security for purposes of viduals in recovering a taxable award tax code. the laws (including regulations) adminis- in certain civil claims are only deduct- Mr. President, I ask unanimous con- tered by the Securities and Exchange Com- ible as miscellaneous itemized deduc- sent that the text of the bill be printed mission. tions. As such, they are subject to a re- in the RECORD.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.045 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2330 CONGRESSIONAL RECORD — SENATE February 13, 2009 There being no objection, the text of This legislation will allow a plaintiff As I work with my colleagues and the the bill was ordered to be printed in who has recovered an award to take an administration to grapple with how to the RECORD, as follows: above the line deduction for the por- make health care more affordable to S. 440 tion of his or her award that will be the millions of Americans struggling to Be it enacted by the Senate and House of Rep- transmitted to the attorney who pro- pay their premiums, coinsurance and resentatives of the United States of America in vided the representation. This is a copays—raising the floor on lifetime Congress assembled, commonsense solution and where an caps will provide the immediate finan- SECTION 1. ABOVE-THE-LINE DEDUCTION FOR individual has suffered an injury and cial relief to families so that they will ATTORNEY FEES AND COSTS IN CON- have access to health care should a NECTION WITH CIVIL CLAIM will rely on his or her award it is sound AWARDS. policy to reduce this unnecessary and costly, chronic disease occur. (a) IN GENERAL.—Paragraph (20) of section duplicative tax burden. 62(a) of the Internal Revenue Code of 1986 is Neither of these bills gives any spe- By Mrs. MURRAY (for herself and amended to read as follows: cial treatment to attorneys or their Ms. CANTWELL): ‘‘(20) COSTS INVOLVING CIVIL CASES.—Any clients. Rather, in combination, they S. 443. A bill to transfer certain land deduction allowable under this chapter for will help attorneys provide more rep- to the United States to be held in trust attorney fees and court costs paid by, or on resentation to clients who by virtue of for the Hoh Indian Tribe, to place land behalf of, the taxpayer in connection with their financial or other circumstances into trust for the Hoh Indian Tribe, and any action involving a civil claim. The pre- for other purposes; to the Committee ceding sentence shall not apply to any de- must enter a contingency fee arrange- ment, and will allow a greater amount on Indian Affairs. duction in excess of the amount includible in Mrs. MURRAY. Mr. President, I ask of funds recovered to be put to use by the taxpayer’s gross income for the taxable unanimous consent that the text of the year on account of a judgment or settlement the individual for whose benefit they (whether by suit or agreement and whether bill be printed in the RECORD. were awarded. There being no objection, the text of as lump sum or periodic payments) resulting I thank Senator SPECTER for intro- the bill was ordered to be placed in the from such claim.’’. ducing this legislation and I hope all RECORD, as follows: (b) CONFORMING AMENDMENT.—Section 62 of Senators will join us in supporting the Internal Revenue Code of 1986 is amended S. 443 these sensible corrections to our Tax by striking subsection (e). Be it enacted by the Senate and House of Rep- (c) EFFECTIVE DATE.—The amendments Code. resentatives of the United States of America in made by this section shall apply to fees and By Mr. DORGAN (for himself and Congress assembled, costs paid after the date of the enactment of SECTION 1. SHORT TITLE. this Act with respect to any judgment or set- Ms. SNOWE): This Act may be cited as the ‘‘Hoh Indian tlement occurring after such date. S. 442. A bill to impose a limitation Tribe Safe Homelands Act’’. Mr. LEAHY. Mr. President, I am on lifetime aggregate limits imposed SEC. 2. FINDINGS. pleased to join Senator SPECTER in the by health plans; to the Committee on (a) FINDINGS.—Congress finds the fol- introduction of two bills, S. 437 and S. Health, Education, Labor, and Pen- lowing: 440, that will correct inconsistencies sions. (1) The Hoh Indian Reservation, located and provide fairness to lawyers and Ms. SNOWE. Mr. President, I join along the Hoh River and the Pacific Ocean in their clients under the Federal Tax today with Senator DORGAN to address a remote section of Jefferson County, Wash- ington, is the homeland of the Hoh Indian Code. the growing problem of beneficiaries who exceed their lifetime cap on health Tribe, a federally recognized Indian tribe. Currently, attorneys who take on (2) Established by Executive Order in 1893, contingency fee cases, and advance care coverage. Today, many Americans the Reservation is approximately one square their clients funds for court costs, wit- responsibly purchase a health plan to mile, but its habitable acreage has been re- nesses, or other expenses, cannot de- cover themselves and their loved ones duced over time due to storm surges, re- duct these expenses as ordinary busi- in case of illness. Tragically, some of peated flooding and erosion, and lack of river ness expenses at the time they are these individuals become stricken by dredging. made. Instead, attorneys who advance illness that is extremely expensive to (3) Due to its location along the river and these costs may not take a deduction treat, and too often exceeds their pol- ocean and frequent torrential rains, 90 per- icy’s lifetime cap provision. After cent of the Reservation is located within a until the case for which they are ad- flood zone and, in fact, has flooded repeat- vanced is resolved. In most cases this is doing all you can to act responsibly edly over the last five years. In addition, 100 a timeframe of several years. This re- and avoid becoming a burden on soci- percent of the Reservation is within a tsu- sults in an attorney carrying the bur- ety, an overly restrictive lifetime cap nami zone, leaving most of the Reservation den of these costs from year to year on benefits can cause one to go bank- unfit for safe occupation. until the case is resolved. For many rupt—and ultimately shifts costs to (4) The Tribe has repeatedly suffered from small law firms or solo practitioners, public programs such as Medicaid. serious flood and wind damage to homes, this is a significant burden. We have seen that even beneficiaries tribal buildings, and utility infrastructure Where attorneys are advancing costs who acquire health insurance with that have caused significant damage and re- to clients so that those clients may seemingly hefty lifetime caps have sulted in critical safety and environmental found that the high cost of modern hazards. pursue their rights in court, they de- (5) Federal agencies such as the Bureau of serve to be treated as any other small treatments—combined with medical in- Indian Affairs, the Department of Housing business owner. This disparate treat- flation which exceeds the consumer and Urban Development, and the Federal ment is inequitable and correcting it price index by two to threefold—has Emergency Management Agency have lim- will make legal representation more greatly deflated the true value of the ited authority to assist the Tribe with hous- easily provided by attorneys and more lifetime cap. The legislation offered ing and other improvements and services due available to clients. today addresses this issue by setting a to the dangerous and unsustainable location The other bill we introduce today higher minimum cap. It has been esti- of the Reservation. helps clients who have been awarded mated the cost of this improved protec- (6) The Tribe has purchased from private funds through a contingency fee ar- tion—spread over many insurance pur- owners near the Reservation approximately 260 acres of land in order to move key infra- rangement. Under current tax law, pu- chasers—will increase premiums by ap- structure out of the flood zone. nitive damages awards and awards to a proximately $8 per year. This rein- (7) In addition, the State of Washington’s plaintiff resulting from certain claims forces the principle of insurance— Department of Natural Resources has trans- are subject to Federal taxation for the spreading high risks over many pur- ferred ownership of 160 acres of land to the entire amount of the award, even if the chasers—in order to assure adequate Tribe. plaintiff then uses a portion to satisfy protection should a protracted and ex- (8) An approximately 37 acre parcel of a contingency fee agreement. The re- pensive illness befall an individual. logged land, administered by the National sult is that the portion of an award to This bill will also assure that costs are Park Service, lies between the current Res- not inappropriately shifted onto the ervation land and those lands acquired by a plaintiff in a contingency fee ar- the Tribe, and the only road accessing the rangement that then goes to an attor- government programs, such as Med- Reservation crosses this parcel. ney is taxed twice—once through the icaid—where taxpayers will feel the (9) Together, the lands described in para- plaintiff and again through the attor- brunt of financial responsibility for graphs 6, 7, and 8 would constitute a contig- ney. costly treatment. uous parcel for the Reservation and would

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.043 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2331 create a safe area for members of the Tribe (b) COOPERATIVE EFFORTS.—Congress urges charging decisions or any adverse to live and rebuild their community. the Secretary and the Tribe to enter into treatment on an organization’s pay- SEC. 3. DEFINITIONS. written agreements on the following: ment of employee legal fees, invocation For the purposes of this Act—— (1) Upon completion of the Tribe’s proposed of the attorney-client privilege, or (1) the term ‘‘Federal land’’ mean the Fed- emergency fire response building, Congress agreement to a joint defense agree- eral lands described in section 4(c)(2); urges the parties to work toward mutual aid (2) the term ‘‘Reservation’’ means the res- agreements. ment. ervation of the Hoh Indian Tribe; (2) The National Park Service and the The bill makes many subtle improve- (3) the term ‘‘Secretary’’ means the Sec- Tribe shall work collaboratively to provide ments over earlier iterations, including retary of the Interior; and opportunities for the public to learn more defining ‘‘organization’’ to make clear (4) the term ‘‘Tribe’’ means the Hoh Indian about the culture and traditions of the that continuing criminal enterprises Tribe, a federally recognized Indian tribe. Tribe. and terrorist organizations will not SEC. 4. TRANSFER OF LANDS TO BE HELD IN (3) The land may be used for the develop- benefit from the bill’s protections. The TRUST AS PART OF THE TRIBE’S ment of a multi-purpose, non-motorized trail bill also clarifies language that the De- RESERVATION; PLACEMENT OF from Highway 101 to the Pacific Ocean. The OTHER LAND INTO TRUST. partment of Justice had previously parties agree to work cooperatively in the criticized as ambiguous. The bill fur- (a) IN GENERAL.—The Secretary shall development and placement of such trail. transfer to the Tribe all right, title, and in- ther makes clear in its findings that its SEC. 6. HOH INDIAN RESERVATION. terest of the United States in and to the Fed- All lands taken into trust by the United prohibition on informal privilege waiv- eral land. Such land shall be held in trust by States under this Act shall be a part of the er demands is far from unprecedented. the United States for the benefit of the Hoh Indian Reservation. The bill states: ‘‘Congress recognized Tribe. Such land shall be excluded from the that law enforcement can effectively boundaries of Olympic National Park. At the SEC. 7. GAMING PROHIBITION. request of the Tribe, at the time of transfer No land taken into trust for the benefit of investigate without attorney-client of the Federal land, the Secretary shall also the Hoh Indian Tribe under this Act shall be privileged information when it banned place into trust for the benefit of the Tribe considered Indian lands for the purpose of Attorney General demands for privi- the non-Federal land owned by the Tribe and the Indian Gaming Regulatory Act (25 U.S.C. leged materials in the Racketeer Influ- described in subsection (c)(1). 2701 et seq.). enced and Corrupt Organizations Act. (b) RESERVATION.—Land taken into trust See 18 U.S.C. § 1968(c)(2).’’ for the Tribe pursuant to subsection (a) shall By Mr. SPECTER (for himself, Though an improvement over past be part of the Reservation. Ms. LANDRIEU, Mr. CARPER, Mr. guidelines, there is no need to wait to (c) DESCRIPTION OF LANDS.—The land to be KERRY, Mrs. MCCASKILL, and transferred and held in trust under sub- see how the Filip guidelines will oper- Mr. COCHRAN): ate in practice. There is similarly no section (a) is the land generally depicted on S. 445. A bill to provide appropriate the map titled ‘‘H.R. Hoh Indian Tribe need to wait for another Department of lll protection to attorney-client privi- Safe Homelands Act’’, and dated Justice or executive branch reform lllllllll and further described as— leged communications and attorney that will likely fall short and become (1) the non-Federal land owned by the Hoh work product; to the Committee on the the sixth policy in the last 10 years. Tribe; and Judiciary. Any such internal reform may prove (2) the Federal land administered by the Mr. SPECTER. Mr. President, I seek fleeting and might not address the National Park Service, located in Section 20, recognition today to reintroduce the privilege waiver policies of other gov- Township 26N, Range 13W, W.M. South of the Attorney-Client Privilege Protection ernment agencies that refer matters to Hoh River. Act of 2009, which is nearly identical to (d) AVAILABILITY OF MAP.—Not later than the Department of Justice, thus allow- 120 days after the completion of the land S. 3217, a bill I introduced in July of ing in through the window what isn’t transfer of Federal land under this section, 2008 under the same name. This legisla- allowed through the door. the Secretary shall make the map available tion continues to address the Depart- As I said when I introduced my first to the appropriate agency officials and con- ment of Justice’s corporate prosecu- bill on this subject, the right to coun- gressional committees. The map shall be tion guidelines. Those guidelines, last sel is too important to be passed over available for public inspection in the appro- revised by Deputy Attorney General priate offices of the Secretary. for prosecutorial convenience or Exec- (e) CONGRESSIONAL INTENT.—It is the intent Mark Filip in August 2008, erode the utive Branch whimsy. It has been of Congress that— attorney-client relationship by allow- engrained in American jurisprudence (1) the condition of the Federal land at the ing prosecutors to continue considering since the 18th century when the Bill of time of the transfer under this section the provision of privileged information Rights was adopted. The 6th Amend- should be preserved and protected; in order for corporations to receive co- ment is a fundamental right afforded (2) that the natural environment existing operation credit. on the Federal land at the time of the trans- to individuals charged with a crime To their credit, the Filip guidelines and guarantees proper representation fer under this section should not be altered, preclude prosecutors from asking for except as described in this Act; and by counsel throughout a prosecution. (3) the Tribe and the National Park Service privilege waivers in nearly all cir- However, the right to counsel is largely shall work cooperatively on issues of mutual cumstances. However, as evidenced by ineffective unless the confidential com- concern related to this Act. the numerous versions of the Justice munications made by a client to his or SEC. 5. PRESERVATION OF EXISTING CONDITION Department’s corporate prosecution her lawyer are protected by law. As the OF FEDERAL LAND; TERMS OF CON- guidelines over the past decade, the Supreme Court observed in Upjohn Co. SERVATION AND USE IN CONNEC- Filip reforms cannot be trusted to re- TION WITH LAND TRANSFER. v. United States, ‘‘the attorney-client (a) RESTRICTIONS ON USE.—The use of the main static. Moreover, unlike Federal privilege is the oldest of the privileges Federal land transferred pursuant to section law—which requires the assent of both for confidential communications 4 is subject to the following conditions: houses and the President’s signature or known to the common law.’’ When the (1) No commercial, residential, industrial, a super-majority in Congress—the Filip Upjohn Court affirmed that attorney- or other buildings or structures shall be guidelines are subject to unilateral ex- client privilege protections apply to placed on the Federal land being transferred ecutive branch modification. There- corporate internal legal dialogue, the and placed into trust. The existing road may fore, to avoid a recurrence of prosecu- be maintained or improved, but no major im- Court manifested in the law the impor- provements or road construction shall occur torial abuses and attorney-client privi- tance of the attorney-client privilege on the lands. lege waiver demands, legislation is nec- in encouraging full and frank commu- (2) In order to maintain its use as a natural essary. nication between attorneys and their wildlife corridor and to provide for protec- Like my previous bills, this bill will clients, as well as the broader public tion of existing resources, no logging or protect the sanctity of the attorney- interests the privilege serves in fos- hunting shall be allowed on the land. client relationship by statutorily pro- tering the observance of law and the (3) The Tribe may authorize tribal mem- hibiting Federal prosecutors and inves- administration of justice. The Upjohn bers to engage in ceremonial and other trea- tigators across the executive branch Court also made clear that the value of ty uses of these lands and existing tribal from requesting waiver of attorney-cli- treaty rights are not diminished by this Act. legal advice and advocacy depends on (4) The Tribe shall survey the boundaries ent privilege and attorney work prod- the lawyer having been fully informed of the Federal land and submit the survey to uct protections in corporate investiga- by the client. the National Park Service for review and tions. The bill would similarly prohibit In addition to the importance of the concurrence. the government from conditioning right to counsel, it is also fundamental

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.044 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2332 CONGRESSIONAL RECORD — SENATE February 13, 2009 that the Government has the burden of In this case, the Court noted that a of oral arguments. Between 1955 and investigating and proving its own case. public trial belongs not only to the ac- 1993, there were apparently over 5,000 Privilege waiver tends to transfer this cused but to the public and the press as recorded arguments before the Su- burden to the organization under inves- well and recognized that people now ac- preme Court. That roughly translates tigation. As a former prosecutor, I am quire information on court procedures to an average of about 132 arguments well aware of the enormous power and chiefly through the print and elec- annually. But audio recordings are tools a prosecutor has at his or her dis- tronic media. simply ill suited to capture the nuance posal. The prosecutor has enough That decision, in referencing the of oral arguments and the sustained at- power without the coercive tools of the electronic media, appears to anticipate tention of the American citizenry. Nor privilege waiver, whether that waiver televising court proceedings, although is it any response that people who wish policy is embodied in the Holder, I do not mean to suggest that the Su- to see open sessions of the Supreme Thompson, McCallum, McNulty, or preme Court is in agreement with this Court should come to the Capital and Filip memorandum. legislation. I should note that the attend oral arguments. For, according As in my prior bills designed to pro- Court could, on its own initiative, tele- to one source: ‘‘Several million people tect the attorney-client privilege, this vise its proceedings but has chosen not each year visit Washington, D.C., and bill amends title 18 of the United to do so. This presents, in my view, the many thousands tour the White House States Code by adding a new section, necessity for legislating on this sub- and the Capitol. But few have the § 3014, that would prohibit any agent or ject. chance to sit in the Supreme Court attorney of the U.S. Government in When I argued the case of the Navy chamber and witness an entire oral ar- any criminal or civil case to demand or Yard, Dalton v. Specter, back in 1994, gument. Most tourists are given just request the disclosure of any commu- the Court proceedings were illustrated three minutes before they are shuttled nication protected by the attorney-cli- by an artist’s drawings—some of which out and a new group shuttled in. In ent privilege or attorney work product. now hang in my office. Today, the pub- cases that attract headlines, seats for The bill would also prohibit govern- lic gets a substantial portion, if not the public are scarce and waiting lines ment lawyers and agents from basing most, of its information from tele- are long. And the Court sits in open any charge or adverse treatment on vision and the internet. While many session less than two hundred hours whether an organization pays attor- court proceedings are broadcast rou- each year. Television cameras and neys’ fees for its employees or signs a tinely on television, the public has lit- radio microphones are still banned joint defense agreement. tle access to the most important and from the chamber, and only a few hun- This legislation is needed to ensure highest court in this country. Although dred people at most can actually wit- that constitutional protections of the the internet has made the Court’s tran- ness oral arguments. Protected by a attorney-client relationship are pre- scripts, and even more recently, audio marble wall from public access, the Su- served in Federal prosecutions and in- recordings, more widely accessible, the preme Court has long been the least vestigations. public is still deprived of the real time understood of the three branches of our transmission of audio and video feeds Federal Government.’’ By Mr. SPECTER (for himself, from the Court. I believe it is vital for In light of the increasing public de- Mr. GRASSLEY, Mr. DURBIN, Mr. the public to see, as well as to hear, the sire for information, it seems unten- SCHUMER, Mr. FEINGOLD, and arguments made before the Court and able to continue excluding cameras Mr. CORNYN): the interplay among the justices. I from the courtroom of the Nation’s S. 446. A bill to permit the televising think the American people will gain a highest court. As one legal commen- of Supreme Court proceedings; to the greater respect for the way in which tator observes: ‘‘An effective and le- Committee on the Judiciary. our High Court functions if they are gitimate way to satisfy America’s curi- Mr. SPECTER. Mr. President, once able to see oral arguments. osity about the Supreme Court’s hold- more I seek recognition to introduce Justice Felix Frankfurter perhaps ings, Justices, and modus operandi is legislation that will give the public anticipated the day when Supreme to permit broadcast coverage of oral greater access to our Supreme Court. Court arguments would be televised arguments and decision announce- This bill requires the High Court to when he said that he longed for a day ments from the courtroom itself.’’ permit television coverage of its open when: ‘‘The news media would cover Televised court proceedings better sessions unless it decides by a majority the Supreme Court as thoroughly as it enable the public to understand the vote of the Justices that allowing such did the World Series, since the public role of the Supreme Court and its im- coverage in a particular case would confidence in the judiciary hinges on pact on the key decisions of the day. violate the due process rights of one or the public’s perception of it, and that Not only has the Supreme Court invali- more of the parties involved in the perception necessarily hinges on the dated Congressional decisions where matter. media’s portrayal of the legal system.’’ there was, in the views of many, simply The purpose of this legislation is to When I spoke in favor of this legisla- a difference of opinion as to what is open the Supreme Court doors so that tion in September of 2000, I said, ‘‘I do preferable public policy, but the Court more Americans can see the process by not expect a rush to judgment on this determines novel issues such as wheth- which the Court reaches critical deci- very complex proposition, but I do be- er AIDS is a disability under the Amer- sions of law that affect this country lieve the day will come when the Su- icans with Disabilities Act, whether and everyday Americans. The Supreme preme Court of the United States will Congress can ban obscenity from the Court makes pronouncements on Con- be televised. That day will come, and it Internet, and whether states can im- stitutional and Federal law that have a will be decisively in the public interest pose term limits upon members of Con- direct impact on the rights of Ameri- so the public will know the magnitude gress. The current Court, like its pred- cans. Those rights would be substan- of what the Court is deciding and its ecessors, hands down decisions which tially enhanced by televising the oral role in our democratic process.’’ I have vitally affect the lives and liberties of arguments of the Court so that the continued to reiterate those senti- all Americans. Since the Court’s his- public can see and hear the issues pre- ments in September of 2005 and in Jan- toric 1803 decision, Marbury v. Madi- sented to the Court. With this informa- uary of 2007 when I re-introduced iden- son, the Supreme Court has the final tion, the public would have insight into tical bills. Today, I continue to support authority on issues of enormous impor- key issues and be better equipped to this legislation because I believe that tance from birth to death. In Roe v. understand the impact of and reasons it is crucial to the public’s awareness Wade, 1973, the Court affirmed a Con- for the Court’s decisions. of Supreme Court proceedings and stitutional right to abortion in this In a very fundamental sense, tele- their impact on the daily lives of all country and struck down state statutes vising the Supreme Court has been im- Americans. banning or severely restricting abor- plicitly recognized—perhaps even sanc- I pause to note that it was not until tion during the first two trimesters on tioned—in a 1980 decision by the Su- 1955 that the Supreme Court, under the the grounds that they violated a right preme Court of the United States enti- leadership of Chief Justice Warren, to privacy inherent in the Due Process tled Richmond Newspapers v. Virginia. first began permitting audio recordings Clause of the Fourteenth Amendment.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.046 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2333 In the case of Washington v. the principle of ‘‘separate but equal’’ in the few cases that have already been Glucksberg, 1997, the court refused to education for blacks and whites and in- decided. It has also issued six 5–3 deci- create a similar right to assisted sui- tegrated public education in this coun- sions in which one justice recused. Fi- cide. Here the Court held that the Due try. This case was then followed by a nally, it has issued a rare 5–2 decision Process Clause does not recognize a lib- series of civil rights cases which en- in which Chief Justice Roberts and erty interest that includes a right to forced the concept of integration and Justice Alito took no part, and in the commit suicide with another’s assist- full equality for all citizens of this October 2007 term, two 4–4 ties. In sum, ance. country, including Gamer v. Louisiana, since the beginning of its October 2005 In the Seventies, the Court first 1961, Burton v. Wilmington Parking term and not counting the current struck down then upheld state statutes Authority, 1961, and Peterson v. City of term, the Supreme Court has issued 52 imposing the death penalty for certain Greenville, 1963. decisions establishing the law of the crimes. In Furman v. Georgia, 1972, the In recent years Marbury, Dred Scott, land in which only 5 justices explicitly Court struck down Georgia’s death Furman, New York Times, and Roe, fa- concurred. Many of these narrow ma- penalty statute under the cruel and un- miliar names in the lexicon of lawyerly jorities occur in decisions involving usual punishment clause of the Eighth discussions concerning watershed Su- the Court’s interpretation of our Con- Amendment and stated that no death preme Court precedents, have been stitution—a sometimes divisive en- penalty law could pass constitutional joined with similarly important cases deavor on the Court. I will not discuss muster unless it took aggravating and like Hamdi, Rasul, Roper, and all 52 thinly decided cases but will de- mitigating circumstances into ac- Boumediene—all cases that affect fun- scribe a few to illustrate my point count. This decision led Georgia and damental individual rights. In Hamdi about the importance of the Court and many States to amend their death pen- v. Rumsfeld, 2004, the Court concluded its decisions in the lives of Americans. The first 5–4 split decision, decided alty statutes and, four years later, in that although Congress authorized the on January 11, 2006, was Brown v. Sand- Gregg v. Georgia, 1976, the Supreme detention of combatants, due process ers. In this case the Court considered Court upheld Georgia’s amended death demands that a citizen held in the ‘‘the circumstances in which an invali- penalty statute. United States as an enemy combatant dated sentencing factor will render a Over the years, the Court has also be given a meaningful opportunity to death sentence unconstitutional by played a major role in issues of war and contest the factual basis for that de- reason of its adding an improper ele- peace. In its opinion in Scott v. tention before a neutral decision- ment to the aggravation scale in the Sandford, 1857—better known as the maker. The Court reaffirmed the na- jury’s weighing process.’’ A majority of Dred Scott decision—the Supreme tion’s commitment to constitutional the Court held that henceforth in death Court held that Dred Scott, a slave principles even during times of war and penalty cases, an invalidated sen- who had been taken into ‘‘free’’ terri- uncertainty. Similarly, in Rasul v. tencing factor will render the sentence tory by his owner, was nevertheless Bush, 2004, the Court held that the Fed- unconstitutional by reason of its add- still a slave. eral habeas statute gave district courts The Court further held that Congress jurisdiction to hear challenges of ing an improper element to the aggra- lacked the power to abolish slavery in aliens held at Guantanamo Bay, Cuba vation scale unless one of the other certain territories, thereby invali- in the U.S. War on Terrorism. In Roper sentencing factors enables the dating the careful balance that had v. Simmons, a 2005 case, the Court held sentencer to give aggravating weight been worked out between the North that executions of individuals who to the same facts and circumstances. and the South on the issue. Historians were under 18 years of age at the time The majority opinion was authored by have noted that this opinion fanned the of their capital crimes is prohibited by Justice Scalia and joined by Chief Jus- flames that led to the Civil War. Eighth and Fourteenth Amendments. tice Roberts and Justices O’Connor, The Supreme Court has also ensured In Boumediene v. Bush, 2008, the Court Kennedy and Thomas. Justice Stevens adherence to the Constitution during held that, subsequent to Hamdan v. filed a dissenting opinion in which Jus- more recent conflicts. Prominent oppo- Rumsfeld and regardless of Congress’ tice Souter joined. Similarly, Justice nents of the Vietnam War repeatedly attempts to strip federal courts of ju- Breyer filed a dissenting opinion in petitioned the Court to declare the risdiction to consider pending habeas which Justice Ginsburg joined. In November 2006, the Supreme Court Presidential action unconstitutional corpus petitions from Guantanamo de- decided Ayers v. Belmontes, a capital on the grounds that Congress had never tainees, the detainees nonetheless were murder case in which the Belmontes given the President a declaration of not barred from seeking the writ and contended that California law and the war. The Court decided to leave this procedures under the Detainee Treat- trial court’s instructions precluded the conflict in the political arena and re- ment Act were not an adequate sub- jury from considering his forward look- peatedly refused to grant writs of cer- stitute for it. ing mitigation evidence suggesting he When deciding issues of such great tiorari to hear these cases. This could lead a constructive life while in- prompted Justice Douglas, sometimes national import, the Supreme Court is carcerated. In Ayers the Supreme accompanied by Justices Stewart and rarely unanimous. In fact, a large num- Court found the Ninth Circuit erred in Harlan, to take the unusual step of ber of seminal Supreme Court deci- holding that the jury was precluded by writing lengthy dissents to the denials sions, such as Boumediene, have been jury instructions from considering of cert. reached through a vote of 5–4. Such a mitigation evidence. Justice Kennedy In New York Times Co. v. United close margin reveals that these deci- authored the majority opinion while States, 1971—the so called ‘‘Pentagon sions are far from foregone conclusions Justice Stevens wrote a dissent joined Papers’’ case—the Court refused to distilled from the meaning of the Con- by three other justices. grant the government prior restraint stitution, reason and the application of Other 5–4 split decisions since Octo- to prevent the New York Times from legal precedents. On the contrary, ber 2005 include United States v. Gon- publishing leaked Defense Department these major Supreme Court opinions zalez-Lopez, concerning whether a de- documents which revealed damaging embody critical decisions reached on fendant’s Sixth Amendment right to information about the Johnson Admin- the basis of the preferences and views counsel was violated when a district istration and the war effort. The publi- of each individual justice. In a case court refused to grant his paid lawyer cation of these documents by the New that is decided by a vote of 5–4, an indi- permission to represent him based York Times is believed to have helped vidual justice has the power by his or upon some past ethical violation by the move public opinion against the war. her vote to change the law of the land. lawyer, June 26, 2006; LULAC v. Perry, In its landmark civil rights opinions, Since the beginning of its October deciding whether the 2004 Texas redis- the Supreme Court took the lead in ef- 2005 term when Chief Justice Roberts tricting violated provisions of the Vot- fecting needed social change, helping first began hearing cases, the Supreme ing Rights Act, June 28, 2006; Kansas v. us to address fundamental questions Court has issued 45 decisions with a 5– Marsh, concerning the Eighth and about our society in the courts rather 4 split, not including the current Octo- Fourteenth Amendments in a capital than in the streets. In Brown v. Board ber 2008 term, in which I understand murder case in which the defense ar- of Education, the Court struck down there are additional 5–4 decisions with- gued that a Kansas statute established

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.060 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2334 CONGRESSIONAL RECORD — SENATE February 13, 2009 an unconstitutional presumption in . . . at Guantanamo Bay.’’ In deciding view America from a bottoms-up, rath- favor of the death sentence when ag- the merits, the Court went on to hold er than a top-down perspective. gravating and mitigating factors were that the President lacked authority to Regardless of one’s view concerning in equipoise, April 25, 2006; Clark v. Ar- establish a military commission to try the merits of these decisions, it is clear izona, a capital murder case involving Hamdan or others without enabling that they frequently have a profound the constitutionality of an Arizona Su- legislation passed by both houses of effect on the interplay between the preme Court precedent governing the Congress and enacted into law. This government, on the one hand, and the admissibility of evidence to support an case was one of a handful of recent individual on the other. So, it is with insanity defense, June 29, 2006; Garcetti cases in which the Supreme Court re- these watershed decisions in mind that v. Ceballos, a case holding that when leased audiotapes of oral arguments al- I introduce legislation designed to public employees make statements most immediately after they occurred. make the Supreme Court less esoteric pursuant to their official duties they Yet it would have been vastly pref- and more accessible to common men are not speaking as citizens for First erable to watch the parties’ advocates and women who are so clearly affected Amendment purposes, and the Con- grapple with the legal issues as the jus- by its decisions. stitution does not insulate their com- tices peppered them with jurisdic- Given the enormous significance of munications from employer discipline, tional, constitutional and merits-re- each vote cast by each justice on the May 30, 2006; and District of Columbia lated questions from the High Court’s Supreme Court, televising the pro- v. Heller, June 26, 2008, which found bench. ceedings of the Supreme Court will that Washington, D.C.’s gun laws were In another fascinating 5–3 case, Jones allow sunlight to shine brightly on unconstitutionally restrictive of rights v. Flowers, April 26, 2006, the Supreme these proceedings and ensure greater afforded under the Second Amendment. Court considered whether, when notice The justices have split 5–3 six times of a tax sale is mailed to the owner and public awareness and scrutiny. since October 2005. returned undelivered, the government In a democracy, the workings of the In Georgia v. Randolph, March 22, must take additional reasonable steps government at all levels should be open 2006, a 5–3 majority of the Supreme to provide notice before taking the to public view. With respect to oral ar- Court held that a physically present owner’s property. In an opinion by guments, the more openness and the co-occupant’s stated refusal to permit Chief Justice Roberts, the Court held more real the opportunity for public a warrantless entry and search ren- that where the Arkansas Commissioner observation the greater the under- dered the search unreasonable and in- of State Lands had mailed Jones a cer- standing and trust. As the Supreme valid as to that occupant. Justice tified letter and it had been returned Court observed in the 1986 case of Souter authored the majority opinion. unclaimed, the Commissioner had to Press-Enterprise Co. v. Superior Court, Justice Stevens filed a concurring take additional reasonable steps to ‘‘People in an open society do not de- opinion as did Justice Breyer. The provide Jones notice. Justices Thomas, mand infallibility from their institu- Chief Justice authored a dissent joined Scalia and Kennedy dissented and Jus- tions, but it is difficult for them to ac- by Justice Scalia. Moreover, Justice tice Alito took no part in the decision. cept what they are prohibited from ob- Scalia issued his own dissent as did Though Jones v. Flowers involved serving.’’ Justice Thomas. In Randolph, there the Due Process Clause of the Four- It was in this spirit that the House of were six opinions in all from a Court teenth Amendment, not the Takings Representatives opened its delibera- that only has nine justices. One can Clause of Fifth Amendment, one could tions to meaningful public observation only imagine the spirited debate and draw interesting analogies to the by allowing C–SPAN to begin tele- interplay of ideas, facial expressions Court’s controversial 2005 decision in vising debates in the House chamber in and gestures that occurred in oral ar- Kelo v. City of New London. In Kelo, a 1979. The Senate followed the House’s guments. Audio recordings are simply majority of the justices held that a lead in 1986 by voting to allow tele- inadequate to capture all of the nuance city’s exercise of eminent domain vision coverage of the Senate floor. that only cameras could capture and power in furtherance of a privately ini- Beyond this general policy preference convey. tiated economic development plan sat- for openness, however, there is a strong In House v. Bell, a 5–3 opinion au- isfied the Constitution’s Fifth Amend- argument that the Constitution re- thored by Justice Kennedy, June 12, ment ‘‘public use’’ requirement despite quires that television cameras be per- 2006, the Supreme Court held that be- the absence of any blight. Four justices mitted in the Supreme Court. cause House had made the stringent dissented in Kelo and public opinion showing required by the actual inno- turned sharply against the decision im- It is well established that the Con- cence exception to judicially-estab- mediately after it was issued. stitution guarantees access to judicial lished procedural default rules, he It’s possible, though merely specula- proceedings to the press and the public. could challenge his conviction even tive, that the public ire aimed at Kelo In 1980, the Supreme Court relied on after exhausting his regular appeals. informed what became a majority of this tradition when it held in Rich- Justice Alito took no part in consid- justices in Jones v. Flowers. In a pas- mond Newspapers v. Virginia that the ering or deciding the House case. It sage by Chief Justice Roberts, the right of a public trial belongs not just bears noting, however, that if one jus- Court notes, ‘‘when a letter is returned to the accused, but to the public and tice had been on the other side of this by the post office, the sender will ordi- the press as well. The Court noted that decision it would have resulted in a 4– narily attempt to resend it, if it is such openness has ‘‘long been recog- 4 tie and, ultimately, led to affirming practicable to do so. This is especially nized as an indisputable attribute of an the lower court’s denial of House’s true when, as here, the subject matter Anglo-American trial.’’ post-conviction habeas petitions due to of the letter concerns such an impor- Recognizing that in modern society a procedural default. tant and irreversible prospect as the most people cannot physically attend In Hamdan v. Rumsfeld, a 5–3 deci- loss of a house.’’ trials, the Court specifically addressed sion in which Chief Justice Roberts Not only lawyers but all homeowners the need for access by members of the took no part, the Supreme Court held could benefit from knowing how the media: ‘‘Instead of acquiring informa- that Hamdan could challenge his de- Court grapples with legal issues gov- tion about trials by first hand observa- tention and the jurisdiction of the erning the rights to their houses. My tion or by word of mouth from those President’s military commissions to legislation creates the opportunity for who attended, people now acquire it try him despite recent enactment of all interested Americans to watch the chiefly through the print and elec- the Detainee Treatment Act. A thin Court in action in cases like these. tronic media. In a sense, this validates majority of the justices supported the From his perch on the High Court one the media claim of acting as surrogates decision despite knowledge that the justice has been heard to contend that for the public. [Media presence} con- DTA explicitly provides ‘‘no court . . . most Americans could care less about tributes to public understanding of the shall have jurisdiction to hear or con- the arcane legal issues argued before rule of law and to comprehension of the sider . . . an application for . . . habeas the Court. But as elected representa- functioning of the entire criminal jus- corpus filed by . . . an alien detained tives of the people we must endeavor to tice system.’’

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.062 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2335 To be sure, a strong argument can be Administrative Oversight and the ensure the timely publication of audio made that forbidding television cam- Courts held a hearing titled ‘‘Allowing recordings of the arguments as well as eras in the court, while permitting ac- Cameras and Electronic Media in the the written transcripts. cess to print and other media, con- Courtroom.’’ The primary focus of the In my judgment, Congress, with the stitutes an impermissible discrimina- hearing was Senate bill S. 721, legisla- concurrence of the President, or over- tion against one type of media over an- tion introduced by Senators GRASSLEY riding his veto, has the authority to re- other. In recent years, the Supreme and SCHUMER that would give Federal quire the Supreme Court to televise its Court and lower courts have repeatedly judges the discretion to allow tele- proceedings. Such a conclusion is not held that differential treatment of dif- vision coverage of court proceedings. free from doubt and is highly likely to ferent media is impermissible under One of the witnesses at the hearing, be tested with the Supreme Court, as the First Amendment absent an over- the late Judge Edward R. Becker, then- usual, having the final word. As I see riding governmental interest. For ex- Chief Judge U.S. Court of Appeals for it, there is clearly no constitutional ample, in 1983 the Court invalidated the Third Circuit, spoke in opposition prohibition against such legislation. discriminatory tax schemes imposed to the legislation and the presence of Article 3 of the Constitution states only upon certain types of media in television cameras in the courtroom. that the judicial power of the United Minneapolis Star & Tribune Co. v. Min- The remaining five witnesses, however, States shall be vested ‘‘in one Supreme nesota Commissioner of Revenue. In including a Federal judge, a State Court and such inferior Courts as the the 1977 case of ABC v. Cuomo, the Sec- judge, a law professor and other legal Congress may from time to time ordain ond Circuit rejected the contention by experts, all testified in favor of the leg- and establish.’’ While the Constitution the two candidates for mayor of New islation. They argued that cameras in specifically creates the Supreme Court, York that they could exclude some the courts would not disrupt pro- it left it to Congress to determine how members of the media from their cam- ceedings but would provide the kind of the Court would operate. For example, paign headquarters by providing access accountability and access that is fun- it was Congress that fixed the number through invitation only. The Court damental to our system of government. of justices on the Supreme Court at wrote that: ‘‘Once there is a public On November 9, 2005, the Judiciary nine. Likewise, it was Congress that function, public comment, and partici- Committee held a hearing to address decided that any six of these justices pation by some of the media, the First whether Federal court proceedings are sufficient to constitute a quorum of Amendment requires equal access to should be televised generally and to the Court. It was Congress that decided all of the media or the rights of the consider S. 1768, my earlier version of that the term of the Court shall com- First Amendment would no longer be this bill, and S. 829, Senator GRASS- mence on the first Monday in October tenable.’’ LEY’s ‘‘Sunshine in the Courtroom Act of each year, and it was Congress that However, in the 1965 case of Estes v. of 2005.’’ During the November 9 hear- determined the procedures to be fol- Texas, the Supreme Court rejected the ing, most witnesses spoke favorably of lowed whenever the Chief Justice is un- argument that the denial of television cameras in the courts, particularly at able to perform the duties of his office. coverage of trials violates the equal the appellate level. Among the wit- Beyond such basic structural and protection clause. In the same opinion, operational matters, Congress also con- the Court held that the presence of tel- nesses favorably disposed toward the trols more substantive aspects of the evision cameras in the Court had vio- cameras were Peter Irons, author of Supreme Court. Most importantly, it is lated a Texas defendant’s right to due May It Please the Court, Seth Berlin, a Congress that in effect determines the process. Subsequent opinions have cast First Amendment expert at a local appellate jurisdiction of the Supreme serious doubt upon the continuing rel- firm, Brian Lamb, founder of C–SPAN, Court. Although the Constitution itself evance of both prongs of the Estes Henry Schleif of Court TV Networks, sets out the original jurisdiction of the opinion. and Barbara Cochran of the Radio-Tel- In its 1981 opinion in Chandler v. evision News Directors Association and Court, it provides that appellate juris- Florida, the court recognized that Foundation. diction exists ‘‘with such exceptions Estes must be read narrowly in light of The notable exception was the Hon- and under such regulations as the Con- the state of television technology at orable Judge Jan DuBois of the East- gress shall make.’’ that time. The television coverage of ern District of Pennsylvania, who tes- Some objections have been raised to Estes’ 1962 trial required cumbersome tified on behalf of the Judicial Con- televised proceedings of the Supreme equipment, numerous additional ference. Judge DuBois warned of prob- Court on the ground that it would sub- microphones, yards of new cables, dis- lems particularly at the trial level, ject justices to undue security risks. tracting lighting, and numerous tech- where witnesses who appear uncom- My own view is such concerns are vast- nicians present in the courtroom. In fortable because of cameras might ly overstated. Well-known members of contrast, the court noted, television seem less credible to jurors. I note, Congress walk on a regular basis in coverage in 1980 can be achieved however, that appellate courts do not public view in the Capitol complex. through the presence of one or two dis- appear susceptible to this criticism be- Other very well-known personalities, creetly placed cameras without mak- cause there are no witnesses or jurors presidents, vice presidents, cabinet of- ing any perceptible change in the at- present for appellate arguments. ficers, all are on public view with even mosphere of the courtroom. Accord- The Judiciary Committee considered incumbent presidents exposed to risks ingly, the Court held that, despite and passed both bills on March 30, 2006. as they mingle with the public. Such Estes, the presence of television cam- The Committee vote to report S. 1768 risks are minimal in my view given the eras in a Florida trial was not a viola- was 12–6, and the bill was placed on the relatively minor ensure that Supreme tion of the rights of the defendants in Senate Legislative Calendar. Unfortu- Court justices would undertake that case. By the same logic, the hold- nately, due to the press of other busi- through television appearances. Also, ing in Estes that exclusion of tele- ness neither bill was allotted time on any concerns could be mitigated by fo- vision cameras from the courts did not the Senate Floor. Again, in the 110th cusing only on the attorneys pre- violate the equal protection clause Congress, I introduced this legislation, senting arguments. There is no require- must be revisited in light of the dra- and it was reported out of the Judici- ment that the justices permit the cam- matically different nature of television ary Committee by a vote of 11–7. eras to focus on the bench. coverage today. During their confirmation hearings As I explained earlier, the Supreme Given the strength of these argu- over the past two years, Chief Justice Court could, of course, permit tele- ments, it is not surprising that over John Roberts stated he would keep an vision through its own rule but has de- the last two decades there has been a open mind on the issue and Justice cided not to do so. Congress should be rapidly growing acceptance of cameras Alito stated that as a circuit judge he circumspect and even hesitant to im- in American courtrooms which has unsuccessfully voted, in the minority, pose a rule mandating the televising of reached almost every court except for to permit televised open proceedings in Supreme Court proceedings and should the Supreme Court itself. the Third Circuit. I applaud the fact do so only in the face of compelling On September 6, 2000, the Senate Ju- the new Chief Justice has taken steps public policy reasons. The Supreme diciary Committee’s Subcommittee on to make the Court more open and to Court has such a dominant role in key

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.065 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2336 CONGRESSIONAL RECORD — SENATE February 13, 2009 decision-making functions that their tion and price manipulation in U.S. en- grew from around 100,000 contracts in proceedings ought to be better known ergy and agricultural markets. It will 2001, which was 20 percent of the total to the public; and, in the absence of close the loopholes in our commodities number of outstanding contracts, to al- Court rule, public policy would be best laws that now impede the policing of most 1.2 million contracts last fall, served by enactment of legislation re- U.S. energy trades on foreign ex- representing almost 40 percent of the quiring the televising of Supreme changes and in the unregulated over- outstanding futures and options con- Court proceedings. the-counter market. It will ensure that tracts in oil on NYMEX. Even these This legislation embodies sound pol- large commodity traders cannot use statistics understate the increase in icy and will prove valuable to the all these markets to hide from CFTC over- speculation, since the CFTC data clas- Americans. I urge my colleagues to sight or avoid limits on speculation. It sifies futures trading involving index support this bill. will strengthen disclosure, oversight, funds as commercial trading rather and enforcement in U.S. energy mar- than speculation, and the CFTC classi- By Mr. LEVIN: kets, restoring the financial oversight fies all traders in commercial firms as S. 447. A bill to amend the Com- that is crucial to protect American commercial traders, regardless of modity Exchange Act to prevent exces- consumers, American businesses, and whether any particular trader in that sive price speculation with respect to the U.S. economy from further energy firm may, in fact, be speculating. energy and agricultural commodities, shocks. Basic economic theory tells us that and for other purposes; to the Com- This legislation, which addresses the greater the demand there is to buy mittee on Agriculture, Nutrition, and commodity markets, is one important futures contracts for the delivery of a Forestry. piece of the broader reform effort need- commodity, the higher the price will Mr. LEVIN. Mr. President, over the ed to repair our financial regulatory be for those futures contracts. past couple of years energy prices have system, stop abusive practices, and put Not surprisingly, therefore, massive taken the American people on an un- the cop back on the beat in all of our speculation that the price of oil will in- predictable, expensive, and damaging markets. crease, together with massive pur- roller coaster ride. In early 2007, a bar- Specifically, this particular legisla- chases of futures contracts in pursuit rel of crude oil cost about $50. Over the tion would make four sets of changes. of that belief, have, in fact, helped in- course of the year, the price rose steep- First, it would require the CFTC to crease the price of oil to a level far ly, nearly doubling by the end of the set limits on the holdings of traders in above the price justified by the tradi- year to almost $100 per barrel. Oil all of the energy futures contracts tional forces of supply and demand. prices continued to soar through the traded on regulated exchanges to pre- In June 2006, I released a Sub- first half of 2008, peaking at nearly $150 vent traders from engaging in excessive committee report, The Role of Market per barrel in July. Then, over the next speculation or price manipulation. Speculation in Rising Oil and Gas few months, oil prices crashed back Since we closed the Enron loophole last Prices: A Need to Put a Cop on the down to $35 per barrel, a drop of over year all futures contracts must be Beat. This report found that the tradi- $110 per barrel. traded in regulated markets. tional forces of supply and demand These huge price swings can’t be ex- Second, it would close the ‘‘London didn’t account for sustained price in- plained by simple changes in supply loophole’’ by giving the CFTC the same creases and price volatility in the oil and demand. Even taking into account authority to police traders in the and gasoline markets. The report con- the recession now plaguing our country United States who trade U.S. futures cluded that, in 2006, a growing number and the world economy, many market contracts on a foreign exchange and by of trades of contracts for future deliv- analysts believe that it was a stampede requiring foreign exchanges that want ery of oil occurred without regulatory of speculators into the crude oil fu- to install trading terminals in the oversight and that market speculation tures market that first drove prices far United States to impose comparable had contributed to rising oil and gaso- higher than justified by global supply limits on speculative trading as the line prices, perhaps accounting for $20 and demand, and now an exodus of CFTC imposes on domestic exchanges out of a then-priced $70 barrel of oil. those same speculators has driven to prevent excessive speculation and Oil industry executives and experts prices much lower than justified by price manipulation. arrived at similar conclusions. As oil supply and demand. Third, it would close the ‘‘swaps prices neared $100 in late 2007, the Like crude oil, the natural gas, gaso- loophole’’ by requiring traders in the President and CEO of Marathon Oil line, and heating oil markets have also over-the-counter energy markets to re- said, ‘‘$100 oil isn’t justified by the seen large price changes. The prices are port large trades to the CFTC, and it physical demand in the market. It has way up, they’re way down, they’re un- would authorize the CFTC to set limits to be speculation on the futures mar- predictable—making it impossible for on trading in the presently unregulated ket that is fueling this.’’ At about the many businesses and consumers to plan over-the-counter markets to prevent same time, Mr. Fadel Gheit, oil analyst for and afford energy costs and related excessive speculation and price manip- for Oppenheimer and Company de- goods and services. ulation. scribed the oil market as ‘‘a farce.’’ Unpredictable energy prices continue Finally, it would require the CFTC to ‘‘The speculators have seized control to take a tremendous toll on millions revise the standards that allow traders and it’s basically a free-for-all, a global of American consumers and businesses. who use futures markets to hedge their gambling hall, and it won’t shut down Unless we act to protect our energy holdings to exceed the speculation lim- unless and until responsible govern- markets from excessive speculation its that apply to everyone else. ments step in.’’ In January of 2008, and price manipulation, the American My Permanent Subcommittee on In- when oil first hit $100 per barrel, Mr. economy will continue to be vulnerable vestigations has shown that one key Tim Evans, oil analyst for Citigroup, to wild price swings affecting the factor in price spikes of energy is in- wrote: ‘‘[T]he larger supply and de- prices of transportation, food, manu- creased speculation in the energy mar- mand fundamentals do not support a facturing and everything in between, kets. Traders are now trading millions further rise and are, in fact, more con- endangering the economic security of of contracts for future delivery of oil, sistent with lower price levels.’’ At a our people, our businesses, and our na- creating a demand for paper contracts joint hearing on the effects of specula- tion. that gets translated into increases in tion my Subcommittee held in late Congress should act now to help tame prices and increasing price volatility. 2007, Dr. Edward Krapels, a financial rampant speculation and reinvigorate Much of this increase in trading of market analyst, testified: ‘‘Of course supply and demand as market forces. futures has been due to speculators financial trading, speculation affects That is why I am re-introducing leg- who are not in the oil business but who the price of oil because it affects the islation today that is nearly identical are buying and selling oil futures con- price of everything we trade. . . . It to the legislation I and others intro- tracts in the hope of making a profit would be amazing if oil somehow es- duced near the end of the last Congress from changing prices. According to the caped this effect.’’ Dr. Krapels added that provides strong and workable CFTC’s data, the number of futures and that as a result of this speculation measures to prevent excessive specula- options contracts held by speculators ‘‘there is a bubble in oil prices.’’

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.067 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2337 Last summer, the Presidents and party-to-party negotiations. In order order to be allowed to keep its trading CEOs of major U.S. airlines described to ensure there is a cop on the beat in terminals in the United States. This is the disastrous effects of rampant spec- all of the energy commodity markets, the very action our legislation called ulation on the airline industry. The we need to address the rest of the OTC for. However, the current CFTC posi- CEOs stated: ‘‘normal market forces market as well. tion limits apply only to the nearest are being dangerously amplified by A large portion of this OTC market futures contract. Our legislation will poorly regulated market speculation.’’ consists of the trading of swaps relat- ensure that foreign exchanges with The CEOs wrote: ‘‘For airlines, ultra- ing to the price of a commodity. Gen- trading terminals in the U.S. will apply expensive fuel means thousands of lost erally, commodity swaps are contracts position limits to other futures con- jobs and severe reductions in air serv- between two parties where one party tracts once the CFTC establishes those ice to both large and small commu- pays a fixed price to another party in limits for U.S. exchanges. nities.’’ return for some type of payment at a Although the CFTC has taken these To rein in this rampant speculation, future time depending on the price of a important steps that will go a long way the first step to take is to put a cop commodity. Because some of these towards closing the London loophole, back on the beat in all our energy mar- swap instruments look very much like Congress should still pass this legisla- kets to prevent excessive speculation, futures contracts—except that they do tion to make sure the London loophole price manipulation, and trading not call for the actual delivery of the stays closed. The legislation would put abuses. commodity—there is concern that the the conditions the CFTC has imposed With respect to the commodity fu- price of these swaps that are traded in upon the London exchange into stat- tures markets, the legislation we are the unregulated OTC market could af- ute, and ensure that the CFTC has introducing today requires the CFTC fect the price of the very similar fu- clear authority to take action against to establish limits on the amount of fu- tures contracts traded on the regulated any U.S. trader who is manipulating tures contracts any trader can hold. futures markets. We don’t yet know for the price of a commodity or exces- Currently, the CFTC allows the futures sure that this is the case, or that it is sively speculating through the London exchanges themselves to set these lim- not, because we don’t have any access exchange, including requiring that its. This bill would require the CFTC to to comprehensive data or reporting on trader to reduce positions. set those limits to prevent excessive the trading of these swaps in the OTC The legislation also provides author- speculation and price manipulation. It market. ization for the CFTC to hire an addi- would preserve, however, the ex- The legislation introduced today in- tional 100 employees to oversee the changes’ obligation and ability to po- cludes provisions to give the CFTC commodity markets it regulates. The lice their traders to ensure they re- oversight authority to stop excessive CFTC has been understaffed and under- main below these limits. speculation in the over-the-counter funded for years. This authorization is This legislation would also require market. These provisions represent a a necessary first step to reinvigorate the CFTC to conduct a rulemaking to practical, workable approach that will the agency’s oversight and enforce- review and revise the criteria for al- enable the CFTC to obtain key infor- ment capabilities. lowing traders who are using the fu- mation about the OTC market to en- In summary, the legislation I am in- tures market to hedge their risks in a able it to prevent excessive speculation troducing today will give the CFTC commodity to acquire holdings in ex- and price manipulation. ability to police all of our energy com- cess of the limits on holdings for specu- Under these provisions, the CFTC modity markets to prevent excessive lators. will have the authority to ensure that speculation and price manipulation. Another step is to give the CFTC au- traders cannot avoid the CFTC report- This legislation is necessary to close thority to prevent excessive specula- ing requirements by trading swaps in the loopholes in current law that per- tion in the over-the-counter markets. the unregulated OTC market instead of mit speculators in commodity markets In 2007, my Subcommittee issued a re- regulated exchanges. It will enable the to avoid trading limits designed to pre- port on the effects of speculation in the CFTC to act, such as by requiring re- vent the type of excessive speculation energy markets entitled, Excessive ductions in holdings of futures con- that has been contributing to high en- Speculation in the Natural Gas Mar- tracts or swaps, against traders with ergy and other commodity prices. I ket. This investigation showed that large positions in order to prevent ex- hope my colleagues will support this speculation by a single hedge fund cessive speculation or price manipula- legislation. named Amaranth distorted natural gas tion regardless of whether the trader’s Mr. President, I ask unanimous con- prices during the summer of 2006 and position is on an exchange or in the sent that the text of the bill and sup- drove up prices for average consumers. OTC market. port material be printed in the RECORD. The report demonstrated how Ama- This bill also gives the CFTC the au- There being no objection, the mate- ranth had shifted its speculative activ- thority to establish position limits in rial was ordered to be printed in the ity to unregulated markets, under the the over-the-counter market for energy RECORD, as follows: ‘‘Enron loophole,’’ to avoid the restric- and agricultural commodities in order S. 447 tions and oversight in the regulated to prevent excessive speculation and Be it enacted by the Senate and House of Rep- markets, and how Amaranth’s trading price manipulation. The CFTC needs resentatives of the United States of America in in the unregulated markets contrib- this authority to ensure that large Congress assembled, uted to price increases. traders are not using the over-the- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Following this investigation, I intro- counter markets to evade the position (a) SHORT TITLE.—This Act may be cited as duced a bill, S. 2058, to close the Enron the ‘‘Prevent Excessive Speculation Act’’. limits in the futures markets. (b) TABLE OF CONTENTS.—The table of con- loophole and regulate the un-regulated The ‘‘London loophole’’ allowed tents of this Act is as follows: electronic energy markets. Working crude oil traders in the U.S. to avoid Sec. 1. Short title; table of contents. with Senators FEINSTEIN and SNOWE, the position limits that apply to trad- Sec. 2. Definition of energy and agricultural and with the members of the Agri- ing on U.S. futures exchanges by di- commodity. culture Committee in a bipartisan ef- recting their trades onto the ICE Fu- Sec. 3. Speculative limits and transparency fort, we included an amendment to tures Exchange in London. of off-shore trading. In the last Congress, after I and oth- Sec. 4. Authority of Commodity Futures close the Enron loophole in the farm Trading Commission with re- bill, which Congress passed last year. ers introduced legislation to close the spect to certain traders. The legislation to close the Enron London loophole that is similar to the Sec. 5. Working group of international regu- loophole placed over-the-counter, OTC, legislation we are now introducing, the lators. electronic exchanges under CFTC regu- CFTC imposed more stringent require- Sec. 6. Position limits for energy and agri- lation. However, this legislation did ments upon the ICE Futures Ex- cultural commodities. Sec. 7. Over-the-counter transactions. not address the separate issue of trad- change’s operations in the United Sec. 8. Index traders and swap dealers. ing in the rest of the OTC market, States—for the first time requiring the Sec. 9. Disaggregation of index funds and which includes bilateral trades through London exchange to impose and en- other data in energy and agri- voice brokers, swap dealers, and direct force comparable position limits in cultural markets.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0655 E:\CR\FM\A13FE6.055 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2338 CONGRESSIONAL RECORD — SENATE February 13, 2009

Sec. 10. Additional Commodity Futures transaction that is comparable to the daily (2) COMMISSION AUTHORITY OVER TRADERS.— Trading Commission employees trading information published by the reg- Section 4 of the Commodity Exchange Act (7 for improved enforcement. istered entity for the one or more contracts U.S.C. 6) is amended by adding at the end the SEC. 2. DEFINITIONS OF ENERGY AND AGRICUL- against which the agreement, contract or following: TURAL COMMODITY. transaction traded on the foreign board of ‘‘(e) The Commission shall have authority (a) DEFINITION OF ENERGY COMMODITY.— trade settles; and under this Act to require or direct a person Section 1a of the Commodity Exchange Act ‘‘(ii) promptly notifies the Commission of located in the United States, or otherwise (7 U.S.C. 1a) is amended— any change regarding— subject to the jurisdiction of the Commis- (1) by redesignating paragraphs (13) ‘‘(I) the information that the foreign board sion, to limit, reduce, or liquidate any posi- through (34) as paragraphs (14) through (35), of trade will make publicly available; tion on a foreign board of trade to prevent or respectively; and ‘‘(II) the position limits and position ac- reduce the threat of price manipulation, ex- (2) by inserting after paragraph (12) the fol- countability provisions that the foreign cessive speculation, price distortion, or dis- lowing: board of trade will adopt and enforce; ruption of delivery or the cash settlement ‘‘(13) ENERGY COMMODITY.—The term ‘en- ‘‘(III) the position reductions required to process with respect to any contract listed ergy commodity’ means— prevent manipulation; and for trading on a registered entity. ‘‘(A) crude oil; ‘‘(IV) any other area of interest expressed ‘‘(f) CONSULTATION.—Before taking any ac- ‘‘(B) natural gas; by the Commission to the foreign board of tion under subsection (e), the Commission ‘‘(C) coal; trade; and shall consult with the appropriate— ‘‘(D) gasoline, heating oil, diesel fuel, and ‘‘(B) the foreign board of trade (or the for- ‘‘(1) foreign board of trade; and any other source of energy derived from coal, eign futures authority that oversees the for- ‘‘(2) foreign futures authority.’’. crude oil, or natural gas; eign board of trade)— (3) VIOLATIONS.—Section 9(a) of the Com- ‘‘(E) electricity; ‘‘(i) adopts position limits or position ac- modity Exchange Act (7 U.S.C. 13(a)) is ‘‘(F) ethanol and any other fuel derived countability provisions for the agreement, amended by inserting ‘‘(including any person from a renewable biomass; contract, or transaction that are comparable trading on a foreign board of trade)’’ after ‘‘(G) any commodity that results from the to the position limits or position account- ‘‘Any person’’ each place it appears. management of air emissions, including but ability provisions adopted by the registered (4) EFFECT.—No amendment made by this not limited to greenhouse gases, sulfur diox- entity for the one or more contracts against subsection limits any of the otherwise appli- ide, and nitrogen oxides; and which the agreement, contract or trans- cable authorities of the Commodity Futures ‘‘(H) any other substance that is used as a action traded on foreign board of trade set- Trading Commission. source of energy, as the Commission, in its tles; SEC. 5. WORKING GROUP OF INTERNATIONAL discretion, deems appropriate.’’. ‘‘(ii) has the authority to require or direct REGULATORS. (b) DEFINITION OF AGRICULTURAL COM- market participants to limit, reduce, or liq- Section 4a of the Commodity Exchange Act MODITY.—Section 1a of the Commodity Ex- uidate any position the foreign board of (7 U.S.C. 6a) (as amended by section change Act (7 U.S.C. 1a) is amended— trade (or the foreign futures authority that 4(a)(2)(B)) is amended by adding at the end (1) by redesignating paragraphs (1) through oversees the foreign board of trade) deter- the following: (35) as paragraphs (2) through (36), respec- mines to be necessary to prevent or reduce ‘‘(g) WORKING GROUP OF INTERNATIONAL tively; and the threat of price manipulation, excessive REGULATORS.—Not later than 90 days after (2) by inserting a new paragraph (1) as fol- speculation, price distortion, or disruption of the date of enactment of this subsection, the lows: delivery or the cash settlement process; and Commission shall invite regulators of for- ‘‘(1) AGRICULTURAL COMMODITY.—The term ‘‘(iii) provides information to the Commis- eign boards of trade to participate in a work- ‘agricultural commodity’ means any com- sion that is comparable to the information ing group of international regulators to de- modity specifically described in paragraph that the Commission determines to be nec- velop uniform international reporting and (5).’’. essary to publish the commitments of trad- (c) CONFORMING AMENDMENTS.— regulatory standards to ensure the protec- ers report of the Commission for the one or (1) Section 2(c)(2)(B)(i)(II)(cc) of the Com- tion of the energy and agricultural futures more contracts against which the agree- modity Exchange Act (7 U.S.C. markets from excessive speculation, manipu- ment, contract or transaction traded on the 2(c)(2)(B)(i)(II)(cc)) is amended— lation, and other trading practices that may foreign board of trade settles. (A) in subitem (AA), by striking ‘‘section pose systemic risks to energy and agricul- ‘‘(2) EXISTING FOREIGN BOARDS OF TRADE.— 1a(20)’’ and inserting ‘‘section 1a(21)’’; and tural futures markets, countries, and con- Paragraph (1) shall not be effective with re- (B) in subitem (BB), by striking ‘‘section sumers.’’. spect to any agreement, contract, or trans- 1a(20)’’ and inserting ‘‘section 1a(21)’’. SEC. 6. POSITION LIMITS FOR ENERGY AND AGRI- action in an energy commodity executed on (2) Section 13106(b)(1) of the Food, Con- CULTURAL COMMODITIES. a foreign board of trade to which the Com- servation, and Energy Act of 2008 is amended Section 4a of the Commodity Exchange Act mission had granted direct access permission by striking ‘‘section 1a(32)’’ and inserting (7 U.S.C. 6a) is amended— prior to the date of enactment of this sub- ‘‘section 1a’’. (1) in subsection (a)— section until the date that is 180 days after (3) Section 402 of the Legal Certainty for (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and the date of enactment of this subsection. Bank Products Act of 2000 (7 U.S.C. 27) is (B) by adding after and below the end the ‘‘(3) EXISTING CONTRACTS.—No contract of amended— following: sale of a commodity for future delivery trad- (A) in subsection (a)(7), by striking ‘‘sec- ‘‘(2) In accordance with the standards set ed or executed on or through the facilities of tion 1a(20)’’ and inserting ‘‘section 1a’’; and forth in paragraph (1) of this subsection and a board of trade, exchange or market located (B) in subsection (d)— consistent with the good faith exception outside the United States for purposes of (i) in paragraph (1)(B), by striking ‘‘section cited in subsection (b)(2), with respect to en- subsection (a) shall be void, voidable or un- 1a(33)’’ and inserting ‘‘section 1a’’; and ergy and agricultural commodities, the Com- enforceable and no party to such contract (ii) in paragraph (2)(D), by striking ‘‘sec- mission, within 90 days after the date of the shall be entitled to rescind or recover any tion 1a(13)’’ and inserting ‘‘section 1a’’. enactment of this paragraph, shall issue a payments made with respect to such con- proposed rule, and within 180 days after SEC. 3. SPECULATIVE LIMITS AND TRANS- tract based upon the failure of the foreign PARENCY OF OFF-SHORE TRADING. issuance of such proposed rule shall adopt a Section 4 of the Commodity Exchange Act board of trade to comply with any provision final rule, after notice and an opportunity (7 U.S.C. 6) is amended by adding at the end of this Act.’’. for public comment, to establish limits on the following: SEC. 4. AUTHORITY OF COMMODITY FUTURES the amount of positions that may be held by ‘‘(e) FOREIGN BOARDS OF TRADE.— TRADING COMMISSION WITH RE- any person with respect to contracts of sale ‘‘(1) IN GENERAL.—The Commission may SPECT TO CERTAIN TRADERS. for future delivery or with respect to options not permit a foreign board of trade to pro- (a) IN GENERAL.— on such contracts or commodities traded on vide to the members of the foreign board of (1) RESTRICTION OF FUTURES TRADING TO or subject to the rules of a contract market trade or other participants located in the CONTRACT MARKETS OR DERIVATIVES TRANS- or derivatives transaction execution facility, United States, or otherwise subject to the ju- ACTION EXECUTION FACILITIES.—Section 4(b) of or on an electronic trading facility with re- risdiction of the Commission, direct access the Commodity Exchange Act (7 U.S.C. 6(b)) spect to a significant price discovery con- to the electronic trading and order matching is amended by inserting after the first sen- tract. system of the foreign board of trade with re- tence the following: ‘‘The Commission may ‘‘(3) In establishing the limits required in spect to an agreement, contract, or trans- adopt rules and regulations requiring the paragraph (2), the Commission shall set lim- action in an energy commodity that settles maintenance of books and records by any its— against any price (including the daily or person that is located within the United ‘‘(A) on the number of positions that may final settlement price) of one or more con- States (including the territories and posses- be held by any person for the spot month, tracts listed for trading on a registered enti- sions of the United States) or that enters each other month, and the aggregate number ty, unless— trades directly into the trade matching sys- of positions that may be held by any person ‘‘(A) the foreign board of trade— tem of a foreign board of trade from the for all months; ‘‘(i) makes public daily trading informa- United States (including the territories and ‘‘(B) to the maximum extent practicable, tion regarding the agreement, contract, or possessions of the United States).’’ in its discretion—

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.053 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2339 ‘‘(i) to diminish, eliminate, or prevent ex- shall be subject to judicial review carried specified by the Commission, that one of the cessive speculation; out in accordance with section 8a(9). persons to the transaction or transactions ‘‘(ii) to deter and prevent market manipu- ‘‘(3) REPORTING; RECORDKEEPING.— has assumed, on behalf of the other person to lation, squeezes, and corners; ‘‘(A) IN GENERAL.—The Commission shall the transaction, the legal obligations for ‘‘(iii) to ensure sufficient market liquidity; require each covered person to submit to the such other person to submit reports under and Commission a report— this section, including liabilities for failure ‘‘(iv) to ensure that the price discovery ‘‘(i) at such time and in such manner as the to file such reports in accordance with the function of the underlying cash market is Commission determines to be appropriate; Commission’s regulations. Any notification not distorted or disrupted. and provided under this paragraph shall be effec- ‘‘(4) In addition to the position limits for ‘‘(ii) containing the information required tive in imposing such legal obligations and energy and agricultural commodities that under subparagraph (B) to assist the Com- liabilities upon such person. the Commission establishes under paragraph mission in detecting and preventing poten- ‘‘(E) RECORDKEEPING.—The Commission, by (2), the Commission may require or permit a tial price manipulation of, or excessive spec- rule, shall require each covered person— contract market, derivatives transaction ulation in, any contract listed for trading on ‘‘(i) in accordance with section 4i, to main- execution facility, or electronic trading fa- a registered entity. tain such records as directed by the Commis- cility with respect to a significant price dis- ‘‘(B) CONTENTS OF REPORT.—A report re- sion for a period of 5 years, or longer, if di- covery contract, to establish and enforce po- quired under subparagraph (A) shall con- rected by the Commission; and sition accountability, as the Commission de- tain— ‘‘(ii) to provide such records upon request termines may be necessary and appropriate ‘‘(i) information describing large trading to the Commission or the Department of to accomplish the objectives set forth in positions of the covered person obtained Justice. paragraph (3)(B), provided that the number through one or more over-the-counter trans- ‘‘(4) POSITION LIMITS FOR OVER-THE-COUNTER of positions that may be authorized under actions that involve— TRANSACTIONS.—Upon review of the informa- position accountability may not exceed the ‘‘(I) substantial quantities of a commodity tion reported to the Commission under para- position limits established under paragraph in the cash market; or graph (3), or following a major market dis- (2). ‘‘(II) substantial positions, investments, or turbance as determined by the Commission ‘‘(5) Nothing in this section shall require trades in agreements or contracts relating to under paragraph (2), the Commission may es- the Commission to revise any position limit the commodity; and tablish, after due notice and opportunity for for an agricultural commodity that is in ef- ‘‘(ii) any other information relating to hearing, by rule, regulation, or order, such fect on the date of enactment of this Act.’’. over-the-counter transactions required to be limits on the amount of trading in over-the- reported under subparagraph (C) carried out SEC. 7. OVER-THE-COUNTER TRANSACTIONS. counter transactions as the Commission de- by the covered person that the Commission termines are necessary and appropriate to Section 2 of the Commodity Exchange Act determines to be necessary to accomplish (7 U.S.C. 2) is amended by adding at the end accomplish one or more of the following ob- the purposes described in subparagraph (A). jectives with respect to any contract listed the following: ‘‘(C) OVER-THE-COUNTER TRANSACTIONS TO ‘‘(j) OVER-THE-COUNTER TRANSACTIONS.— for trading on a registered entity— BE REPORTED.— ‘‘(A) diminish, eliminate, or prevent exces- ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(i) IN GENERAL.—The Commission shall sive speculation; ‘‘(A) COVERED PERSON.—The term ‘covered identify each large over-the-counter trans- ‘‘(B) deter and prevent market manipula- person’ means a person that enters into an action or class of large over-the-counter tion, squeezes, and corners; over-the-counter transaction that is required transactions the reporting of which the Com- ‘‘(C) ensure sufficient market liquidity; to be reported under paragraph (3)(C). mission determines to be appropriate to as- and ‘‘(B) OVER-THE-COUNTER TRANSACTION.—The sist the Commission in detecting and pre- ‘‘(D) ensure that the price discovery func- term ‘over-the-counter transaction’ means a venting potential price manipulation of, or tion of the underlying cash market is not contract, agreement, or transaction in an en- excessive speculation in, any contract listed distorted or disrupted. ergy or agricultural commodity that is— for trading on a registered entity. ‘‘(5) PROTECTION OF PROPRIETARY INFORMA- ‘‘(i) entered into only between persons that ‘‘(ii) MANDATORY FACTORS FOR DETERMINA- TION.—In carrying out this subsection, the are eligible contract participants at the time TIONS.— Commission may not— the persons enter into the agreement, con- ‘‘(I) IN GENERAL.—In carrying out a deter- tract, or transaction; mination under clause (i), the Commission ‘‘(A) require the publication of any propri- ‘‘(ii) not entered into on a trading facility; shall consider the extent to which each fac- etary information; and tor described in subclause (II) applies. ‘‘(B) prohibit the commercial sale or li- censing of any proprietary information; and ‘‘(iii) not a sale of any cash commodity for ‘‘(II) FACTORS.—The factors required for delivery. carrying out a determination under clause (i) ‘‘(C) except as provided in section 8, pub- ‘‘(2) AUTHORITY IN MAJOR MARKET DISTURB- include whether— licly disclose any information relating to ANCES.— ‘‘(aa) a standardized agreement is used to any market position, business transaction, ‘‘(A) IN GENERAL.—In the case of a major execute the over-the-counter transaction; trade secret, or name of any customer of a market disturbance, as determined by the ‘‘(bb) the over-the-counter transaction set- covered person. Commission, the Commission may require tles against any price (including the daily or ‘‘(6) APPLICABILITY.—Notwithstanding sub- any trader subject to the reporting require- final settlement price) of one or more con- sections (g) and (h), and any exemption ments described in paragraph (3) to take tracts listed for trading on a registered enti- issued by the Commission for any energy or such action as the Commission considers to ty; agricultural commodity, each over-the- be necessary to maintain or restore orderly ‘‘(cc) the price of the over-the-counter counter transaction shall be subject to this trading in any contract listed for trading on transaction is reported to a third party, pub- subsection. a registered entity, including— lished, or otherwise disseminated; ‘‘(7) SAVINGS CLAUSE.—Nothing in this sub- ‘‘(i) the liquidation of any futures con- ‘‘(dd) the price of the over-the-counter section modifies or alters— tract; and transaction is referenced in any other trans- ‘‘(A) the guidance of the Commission; or ‘‘(ii) the fixing of any limit that may apply action; ‘‘(B) any applicable requirements with re- to a market position involving any over-the- ‘‘(ee) there is a significant volume of the spect the disclosure of proprietary informa- counter transaction acquired in good faith over-the-counter transaction or class of tion. before the date of the determination of the over-the-counter transactions; and ‘‘(8) BONA FIDE HEDGING TRANSACTION RE- Commission. ‘‘(ff) there is any other factor that the VIEW.— ‘‘(B) MAJOR MARKET DISTURBANCE.—The Commission determines to be appropriate. ‘‘(A) IN GENERAL.—The Commission shall term ‘major market disturbance’ means any ‘‘(iii) PERIODIC REVIEW.—The Commission review and revise the definition of bona fide disturbance in a commodity market that dis- shall periodically conduct a review, but not hedging transaction in subsection (c) of Sec- rupts the liquidity and price discovery func- less than once every 2 years, to determine tion 4a of the Commodity Exchange Act (7 tion of that market from accurately reflect- whether to initiate a rulemaking to include U.S.C 2(h)(2)(A)) as the Commission deter- ing the forces of supply and demand for a any additional transactions or classes of mines is necessary and appropriate to ensure commodity, including— transactions or to exclude any transactions that the commodity markets effectively per- ‘‘(i) a threatened or actual market manipu- or classes of transactions from the reporting form their risk management and price dis- lation or corner; requirements of this paragraph. covery functions.’’. ‘‘(ii) excessive speculation; and ‘‘(D) ALTERNATE REPORTING.—The Commis- SEC. 8. INDEX TRADERS AND SWAP DEALERS. ‘‘(iii) any action of the United States or a sion may permit any report required to be foreign government that affects a com- reported under paragraph (A) by— Section 4 of the Commodity Exchange Act modity. ‘‘(i) a member of a derivatives clearing or- (7 U.S.C. 6) (as amended by section 3) is ‘‘(C) The term ‘market disturbance’ shall ganization; or amended by adding at the end the following: be interpreted in a manner consistent with ‘‘(ii) only one of the persons entering into ‘‘(f) INDEX TRADERS AND SWAP DEALERS.— section 8a(9). the transaction, provided that each person Not later than 60 days after the date of en- ‘‘(D) JUDICIAL REVIEW.—Any action taken entering into the transaction or transactions actment of this subsection, the Commission by the Commission under subparagraph (A) has notified the Commission, in the manner shall—

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.053 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2340 CONGRESSIONAL RECORD — SENATE February 13, 2009 ‘‘(1) routinely require detailed reporting CFTC to impose speculation limits on OTC Leggett. Collectively, these journalists from index traders and swap dealers in mar- transactions to protect the integrity of have spent over 19 months imprisoned. kets under the jurisdiction of the Commis- prices in the futures markets and cash mar- Journalists who are not jailed for fail- sion; kets. ing to comply with subpoenas still suf- ‘‘(2) reclassify the types of traders for regu- Require large OTC trades that affect fu- latory and reporting purposes to distinguish tures prices to be reported to CFTC. Allow fer the prospect of being held in con- between index traders and swaps dealers; and one party to a transaction to authorize the tempt. Several have suffered this fate: ‘‘(3) review the trading practices for index other party to file the report. Require CFTC Toni Locy, James Stewart, Walter traders in markets under the jurisdiction of periodic review of reporting requirements to Pincus, Jim Taricani. the Commission— ensure key trades are covered. In addition to the subpoenas from ‘‘(A) to ensure that index trading is not ad- Direct CFTC to revise bona fide hedge ex- special prosecutors mentioned above, versely impacting the price discovery proc- emption to ensure regulation of all specu- more than a dozen reporters have re- ess; and lators, and strengthen data analysis and ceived subpoenas in civil suits, such as ‘‘(B) to determine whether different prac- transparency of swap dealer and index trad- the Wen Ho Lee and Hatfill privacy ing. tices or regulations should be imple- lawsuits against the government. A mented.’’. Clarify definition of OTC transactions to preliminary report on the 2007 Media SEC. 9. DISAGGREGATION OF INDEX FUNDS AND exclude spot market transactions. OTHER DATA IN ENERGY AND AGRI- Protect Both Energy and Agriculture Com- Subpoena Survey conducted by Pro- CULTURAL MARKETS. modities. Cover trades in crude oil, natural fessor RonNell Andersen Jones at the Section 4 of the Commodity Exchange Act gas, gasoline, heating oil, coal, propane, Law College Foundation at the Univer- (7 U.S.C. 6) (as amended by section 8) is electricity, other petroleum products and sity of Arizona states: 761 responding amended by adding at the end the following: sources of energy from fossil fuels, as well as news organizations reported receiving ‘‘(g) DISAGGREGATION OF INDEX FUNDS AND ethanol, biofuels, emission allowances for a total of 3,602 subpoenas seeking infor- OTHER DATA IN ENERGY AND AGRICULTURAL greenhouse gases, SO2, NOx, and other air MARKETS.—The Commission shall emissions. mation or material relating to disaggregate and make public monthly— Cover trades in agricultural commodities newsgathering activities in calendar ‘‘(1) the number of positions and total listed in the Commodity Exchange Act. year 2006. Of these, 335 were subpoenas value of index funds and other passive, long- Strengthen CFTC Oversight. Authorize arising out of proceedings that took only positions in energy and agricultural CFTC to hire 100 new personnel to oversee place in a federal forum. Sixty-four markets; and markets. Direct CFTC to issue proposed rules within percent of responding newsroom lead- ‘‘(2) data on speculative positions relative ers believe the frequency of media sub- to bona fide physical hedgers in those mar- 90 days and final rules within 180 days. kets.’’. poenas to be greater than it was five SEC. 10. ADDITIONAL COMMODITY FUTURES By Mr. SPECTER (for himself, years ago. Fifty percent of the media TRADING COMMISSION EMPLOYEES Mr. SCHUMER, Mr. LUGAR, and companies believe the risk of their own FOR IMPROVED ENFORCEMENT. Mr. GRAHAM): organization receiving a subpoena is Section 2(a)(7) of the Commodity Exchange S. 448. A bill to maintain the free greater than it was five years ago, Act (7 U.S.C. 2(a)(7)) is amended by adding at flow of information to the public by while only 5 percent believe the risk to the end the following: providing conditions for the federally be less. ‘‘(D) ADDITIONAL EMPLOYEES.—As soon as This bipartisan legislation would es- practicable after the date of enactment of compelled disclosure of information by this subparagraph, the Commission shall ap- certain persons connected with the tablish a qualified reporters’ privilege point at least 100 full-time employees (in ad- news media; to the Committee on the protecting them from being compelled dition to the employees employed by the Judiciary. to identify confidential source infor- Commission as of the date of enactment of Mr. SPECTER. Mr. President, I mation. The bill seeks to reconcile re- this subparagraph)— sought recognition to introduce the porters’ need to maintain confiden- ‘‘(i) to increase the public transparency of Free Flow of Information Act of 2009. I tiality, in order to ensure that sources operations in energy futures markets; am honored to be joined in my efforts will speak openly and freely with the ‘‘(ii) to improve the enforcement of this by Senators SCHUMER, LUGAR and media, with the public’s right to effec- Act in those markets; and ‘‘(iii) to carry out such other duties as are GRAHAM, who are original cosponsors. tive law enforcement and fair trials. prescribed by the Commission.’’. Some 242 years ago, on January 16, The situation in the United States 1767, Thomas Jefferson remarked in a today is that journalists are subject to LEVIN PREVENT EXCESSIVE SPECULATION ACT letter to Col. Edward Carrington, a compulsory process to disclose con- BILL SUMMARY ‘‘Were it left to me to decide whether fidential informants—at least in Fed- The Prevent Excessive Speculation Act we should have a government without eral courts. At the State level, there would: newspapers, or newspapers without a are many laws providing qualified Authorize Speculation Limits for all En- government, I should not hesitate a privileges for journalists. Prior ergy and Agricultural Commodities. Direct moment to prefer the latter.’’ We take CFTC to impose position limits on energy versions of this bill garnered the sup- and agricultural futures contracts to prevent our free press for granted because it is port of numerous bipartisan cospon- excessive speculation and manipulation and so ingrained in our history. But we sors, as well as 39 media organizations, to ensure sufficient market liquidity. need only look at free press movements including the Washington Post, The Authorize CFTC to permit exchanges to in fledgling democracies to appreciate Hearst Corporation, Time Warner, ABC impose and enforce accountability levels how sometimes fragile and easily Inc., CBS, CNN, The New York Times that are lower than CFTC-established specu- chilled freedom of press truly is. Company, and National Public Radio. lation limits. The Free Flow of Information Act In 2005 I cosponsored two prior bills Close London Loophole by Regulating Off- shore Traders and Increasing Transparency protects the public interest by ensur- and was principle author of yet an- of Offshore Trades. Prohibit a foreign ex- ing an informed citizenry. In the past other. In the 110th Congress, I intro- change from operating in the United States three years the Department of Justice duced S. 1035 the Free Flow of Informa- unless it imposes comparable speculation has provided inconsistent numbers of tion Act of 2007, along with Senator limits and reporting requirements as apply subpoenaed journalists to the Judici- SCHUMER, and Senators LUGAR, to U.S. exchanges. ary Committee. We know from the pub- GRAHAM, and DODD other senators to Provide CFTC with same enforcement au- lic record, however, that at least 19 join as cosponsors were Senators thority over U.S. traders on foreign ex- changes as it has over traders on U.S. ex- journalists have been subpoenaed by LEAHY, JOHNSON, BOXER, KLOBUCHAR, changes, including authority to require trad- federal and special prosecutors for con- Salazar, Obama, Clinton, Dole, MUR- ers to reduce their holdings to prevent exces- fidential source information since 2001 RAY, LANDRIEU, WEBB, TESTER, sive speculation or manipulation. claim. Among them are Judith Miller, LIEBERMAN, DURBIN, BAUCUS, and LAU- Require CFTC to invite non-U.S. regu- Matt Cooper, Tim Russert, Lance Wil- TENBERG. On October 4, 2007, the Com- lators to form an international working liams, Mark Fainaru-Wada, and Philip mittee on the Judiciary favorably re- group to develop uniform regulatory and re- Shenon. We also know 4 journalists ported S.2035 out of committee by a 15– porting requirements to protect futures mar- kets from excessive speculation and manipu- have been imprisoned at the request ei- 4 vote, which marked the first time a lation. ther of the DoJ, U.S. Attorneys, or spe- reporters’ privilege bill had ever passed Close the Swaps Loophole and Regulate cial prosecutors since 2000. Josh Wolf, out of the Senate Judiciary Com- Over-the-Counter Transactions. Authorize Judith Miller, Jim Taricani, Vanessa mittee.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.053 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2341 On March 6, 2008, I, along with Sen- ed rules that went in several different Today, we move toward resolving ator LEAHY, sent a letter to Majority directions. Rather than a clear, uni- this problem by introducing the Free Leader REID and Minority Leader form standard for deciding claims of Flow of Information Act of 2009. The MCCONNELL asking that S. 2035 receive journalist privilege, the Federal courts purpose of this bill is to guarantee the floor time for full Senate consider- currently observe a ‘‘crazy quilt’’ of flow of information to the public ation. They answered our call. On July different judicial standards. through a free and active press, while 30, 2008, the Senate entertained a clo- The confusion began 36 years ago, protecting the public’s right to effec- ture vote on the motion to proceed to when the Supreme Court decided tive law enforcement and individuals’ the measure that failed by a vote of 51– Branzburg v. Hayes. The Court held rights to the fair administration of jus- 43. Nonetheless, the bill continues to that the press’ First Amendment right tice. enjoy broad bipartisan support—includ- to publish information does not include The bill provides a qualified privilege ing the pledged support of former Sen- a right to keep information secret from for reporters to withhold from Federal ator, now—President Barack Obama. I a grand jury investigating a criminal courts, prosecutors, and other Federal urge all of my colleagues to join me in matter. The Supreme Court also held entities, confidential source informa- passing the Free Flow of Information that the common law did not exempt tion and documents and materials ob- Act of 2009, its high time we stop reporters from the duty of every cit- tained or created under a promise of jailing or holding in contempt report- izen to provide information to a grand confidentiality. However, the bill rec- ers who, in good faith, protect their jury. ognizes that, in certain instances, the The Court reasoned that just as confidential sources even in the face of public’s interest in law enforcement newspapers and journalists are subject a government subpoena. and fair trials outweighs a source’s in- There has been a growing consensus to the same laws and restrictions as terest in remaining anonymous that we need to establish a Federal other citizens, they are also subject to through the reporter’s assertion of a journalists’ privilege to protect the in- the same duty to provide information privilege. Therefore, it allows courts to tegrity of the news gathering process, a to a court as other citizens. However, require disclosure where certain cri- Justice Powell, who joined the 5–4 ma- process that depends on the free flow of teria are met. jority, wrote a separate concurrence in information between journalists and Under the legislation, in most crimi- which he explained that the Court’s whistleblowers, as well as other con- nal investigations and prosecutions, holding was not an invitation for the fidential sources. the Federal entity seeking the report- Under my chairmanship, the Judici- Government to harass journalists. If a er’s source information must show that ary Committee held three separate journalist could show that the grand there are reasonable grounds to believe hearings on this issue at which we jury investigation was being conducted that a crime has occurred, and that the heard from 20 witnesses, including in bad faith, the journalist could ask reporter’s information is essential to the court to quash the subpoena. Jus- prominent journalists like William the prosecution or defense. In criminal tice Powell indicated that courts might Safire and Judith Miller, current and investigations and prosecutions of assess such claims on a case-by-case former Federal prosecutors, including leaks of classified information, the basis by balancing the freedom of the former Deputy Attorney General Paul Federal entity seeking disclosure must press against the obligation to give tes- McNulty, and First Amendment schol- additionally show that the leak caused timony relevant to criminal conduct. ars. In attempting to apply Justice Pow- significant, clear, and articulable harm These witnesses demonstrated that ell’s concurring opinion, Federal courts to national security. In noncriminal there are two vital, competing con- have split on the question of when a actions, the Federal entity seeking cerns at stake. On one hand, reporters journalist is required to testify. In source information must show that the cite the need to maintain confiden- more than three decades since reporter’s information is essential to tiality in order to ensure that sources Branzburg, the Federal courts are split the resolution of the matter. will speak openly and freely with the in at least three ways in their ap- In all cases and investigations, the news media. The renowned William proaches to Federal criminal and civil Federal entity must demonstrate that Safire, former columnist for the New cases. nondisclosure would be contrary to the York Times, testified that ‘‘the essence With respect to Federal criminal public interest. In other words, the of news gathering is this: if you don’t cases, five circuits apply Branzburg so court must balance the governmental have sources you trust and who trust as to not allow journalists to withhold need for the information against the you, then you don’t have a solid information absent governmental bad public interest in newsgathering and story—and the public suffers for it.’’ faith. Four other circuits recognize a the free flow of information. Reporter Matthew Cooper of Time qualified privilege, which requires Further, the bill ensures that Federal Magazine said this to the Judiciary courts to balance the freedom of the Government entities do not engage in Committee: ‘‘As someone who relies on press against the obligation to provide ‘‘fishing expeditions’’ for a reporter’s confidential sources all the time, I sim- testimony on a case-by-case basis. The information. The information a re- ply could not do my job reporting sto- law in the District of Columbia Circuit porter reveals must, to the extent pos- ries big and small without being able is unsettled. sible, be limited to verifying published to speak with officials under varying With respect to Federal civil cases, 9 information and describing the sur- degrees of anonymity.’’ of the 12 circuits apply a balancing test rounding circumstances. The informa- On the other hand, the public has a when deciding whether journalists tion must also be narrowly tailored to right to effective law enforcement and must disclose confidential sources. One avoid compelling a reporter to reveal fair trials. Our judicial system needs circuit affords journalists no privilege peripheral or speculative information. access to information in order to pros- in any context. Two other circuits have Finally, the Free Flow of Informa- ecute crime and to guarantee fair ad- yet to decide whether journalists have tion Act adds layers of safeguards for ministration of the law for plaintiffs any privilege in civil cases. Meanwhile, the public. Reporters are not allowed and defendants alike. As a Justice De- 49 States plus the District of Columbia to withhold information if a Federal partment representative told the Com- have recognized some form of report- court concludes that the information is mittee, prosecutors need to ‘‘maintain ers’ privilege within their own jurisdic- needed for the defense of our Nation’s the ability, in certain vitally impor- tions. Thirty-one States plus the Dis- security, as long as it outweighs the tant circumstances, to obtain informa- trict of Columbia have passed some public interest in newsgathering and tion identifying a source when a para- form of reporter’s shield statute, and 18 maintains the free flow of information mount interest is at stake. For exam- States have recognized a privilege at to citizens, or to prevent an act of ter- ple, obtaining source information may common law. rorism. Similarly, journalists may not be the only available means of pre- There is little wonder that there is a withhold information reasonably nec- venting a murder, locating a kidnapped growing consensus concerning the need essary to stop a kidnapping or a crime child, or identifying a serial arsonist.’’ for a uniform journalists’ privilege in that could lead to death or physical in- As Federal courts have considered Federal courts. This system must be jury. Also, the bill ensures that both these competing interests, they adopt- simplified. crime victims and criminal defendants

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.068 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2342 CONGRESSIONAL RECORD — SENATE February 13, 2009 will have a fair hearing in court. Under and How to Stop It’’, which was pub- erty may be seized and they may be this bill, a journalist who is an eye- lished solely in the United States by a imprisoned. What is worse, defendants witness to a crime or tort or takes part U.S. publisher, alleged that a Saudi can no longer skirt the consequences in a crime or tort may not withhold Arabian subject and his family finan- merely by avoiding contact with Eng- that information on grounds of the cially supported Al Qaeda in the years land. Under recent European Commis- qualified privilege. Journalists should preceding the attacks of September 11. sion regulations, default judgments for not be permitted to hide from the law He sued Ehrenfeld for libel in England, monetary claims are enforceable in all by writing a story and then claiming a although only 23 books were sold there. EU countries except Denmark. reporter’s privilege. Why? Because under English law, it is The potentially severe ramifications It is time for Congress to clear up the not necessary for a libel plaintiff to of a default judgment make clear that ambiguities journalists and the Federal prove falsity or actual malice as is re- merely barring enforcement of a for- judicial system face in balancing the quired in the United States. eign libel judgment in U.S. courts is protections journalists need in pro- Dr. Ehrenfeld did not appear, and the entirely insufficient particularly for viding confidential information to the English court entered a default judg- publishers with European offices. While public with the ability of the courts to ment for damages, an injunction it is important to bar enforcement, in conduct fair and accurate trials. I urge against publication in the United King- the words of a New York Times edi- my colleagues to support this legisla- dom, a ‘‘declaration of falsity’’, and an torial, that does ‘‘not go as far as it tion and help create a fair and efficient order that she and her publisher print a could.’’ means to serve journalists and the correction and an apology. I often remark that the Senate is the news media, prosecutors and the Dr. Ehrenfeld sought to shield herself world’s greatest deliberative body and courts, and most importantly the pub- with a declaration from both federal all the facts and arguments ought to be lic interest on both ends of the spec- and state courts that her book did not examined before it acts. Accordingly, I trum. create liability under American law, must address a letter in opposition to but jurisdictional barriers prevented this bill from a prominent British libel By Mr. SPECTER (for himself, both the Federal and New York State lawyer and explain why his arguments Mr. LIEBERMAN, and Mr. SCHU- courts from acting. Reacting to this are unpersuasive. MER): problem, the Governor of New York, on He notes that a ‘‘U.S. citizen . . . S. 449. A bill to protect free speech; May 1, 2008, signed into law the ‘‘Libel knocked down by the negligent driv- to the Committee on the Judiciary. Terrorism Protection Act.’’ Congress ing’’ of a London taxi driver is ‘‘just as Mr. SPECTER. Mr. President. I am must now take similar action. I note entitled as any British citizen’’ to sue introducing the Free Speech Protec- that the person who sued Dr. Ehrenfeld in England for damages. Why should a tion Act of 2009 to address a serious has filed dozens of lawsuits in England, U.S. citizen ‘‘not be entitled on the challenge to one of the most basic pro- and there is a real danger that other same basis, like any other UK citizen, tections in our Constitution. American American writers and researchers will to sue for damages to his reputation?’’ journalists and academics must have be afraid to address this crucial subject The answer, of course, is that the anal- the freedom to investigate, write, of terror funding and other important ogy is inapt. In that hypothetical, the speak, and publish about matters of matters. Other countries should be free plaintiff sues the defendant in the de- public importance, limited only by the to have their own libel law, but so too fendant’s jurisdiction for a harm com- legal standards laid out in our First should the United States. Venues that mitted and suffered there, an injury Amendment jurisprudence, including have become magnets for defamation that is universally recognized as a tort. precedents such as New York Times v. plaintiffs from around the world permit By contrast, the plaintiff in a foreign Sullivan. Despite the protection for those who want to intimidate our jour- libel action purposely avoids suing in free speech under our own law, the nalists to succeed in doing so. The the jurisdiction where the defendant rights of the American public, and of stakes are high. The United Nations in journalist writes and publishes, a juris- American journalists who share infor- 2008 noted the importance of free diction where the material is not libel- mation with the public, are being speech and a free press, and the threat ous. The proper analogy would be if the threatened by the forum shopping of that libel tourism poses to the world. injured American had sued the taxi libel suits to foreign courts with less Following the New York example, driver in the United States instead of robust protections for free speech. the legislation my co-sponsors and I in- England because the driver’s conduct These suits are filed in, and enter- troduce today confers jurisdiction on would not constitute negligence under tained by, foreign courts, despite the federal courts to bar enforcement of English law. That hardly seems fair fact that the challenged speech or writ- foreign libel judgments if the material play. Our bill is designed specifically to ing is written in the United States by at issue would not constitute libel prevent such forum shopping. U.S. journalists, and is published or under U.S. law. Significantly, it also That essay also asks whether ‘‘legis- disseminated primarily in the United deters foreign suits in the first place by lators will extend their intervention’’ States. The plaintiff in these cases may permitting American defendants to to commercial matters such as con- have no particular connection to the countersue from the moment papers tracts and debts and warns that such country in which the suit is filed. Nev- are served on them. Damages available extension could trigger ‘‘retaliatory ertheless, the U.S. journalists or publi- in the countersuit include the amount action on the part of UK legislators.’’ cations who are named as defendants in at issue in the foreign libel suit as well Actually, such extension has already these suits must deal with the expense, as treble damages if the foreign suit is happened, but at the hands of British inconvenience and distress of being part of a scheme to suppress a U.S. per- legislators not American ones. In the sued in foreign courts, even though son’s first amendment rights. antitrust context, British law bars en- their conduct is protected by the First This deterrent mechanism is critical forcement of foreign judgments for tre- Amendment. because those who bring these foreign ble damages such as those awarded by An example of why the legislation is libel suits are more interested in in- U.S. courts. In addition, it allows a necessary is found in litigation involv- timidating the authors than in actu- British corporation, against whom a ing Dr. Rachel Ehrenfeld, a U.S. citizen ally collecting damages. They know judgment for treble damages was en- and Director of the American Center that even if a foreign judgment cannot tered in a foreign court, to recover for Democracy, whose articles have ap- be enforced in the United States, the from the plaintiff any excess over ac- peared in the Wall Street Journal, the cost of defending the suit and the pen- tual damages. In any event, this bill is National Review, and the Los Angeles alty for taking a default judgment can confined to the narrow area of core Times. She has been a scholar with Co- have a chilling effect on American First Amendment rights. lumbia University, the University of writers and publishers. In particular, ‘‘Perhaps of most significance’’ he New York School of Law, and Johns under English law a contempt citation continues in his letter, is that to his Hopkins, and has testified before Con- may issue against authors or pub- knowledge ‘‘very few of these claims gress. Dr. Ehrenfeld’s 2003 book, ‘‘Fund- lishers who fail to satisfy default judg- have actually come before UK courts.’’ ing Evil: How Terrorism is Financed ments, pursuant to which their prop- But it is the chilling effect and the

VerDate Nov 24 2008 06:35 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.069 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2343 mere threat of litigation that suffices attacks, mental illness and decaying contribute to the general health of their pa- to silence authors; there is no need to teeth have been implicated with its tients, their communities, and the country try the cases. In 2004, fear of a lawsuit prevalent use. as a whole. forced Random House UK to cancel Dental problems are common among SEC. 2. TABLE OF CONTENTS. publication of ‘‘House of Bush, House drug users. Many do not care for their The table of contents for this Act is as fol- lows: of Saud,’’ a best seller in the U.S. that teeth regularly and most do not see a was written by an American author. dentist often. But methamphetamine Sec. 1. Short title; purposes. Sec. 2. Table of contents. Similarly, in 2007, the threat of a law- seems to be taking a unique and hor- suit compelled Cambridge University rific toll inside its user’s mouths. TITLE I—EVIDENCE–BASED PREVENTION Press to apologize and destroy all In those populated areas where its Sec. 101. Findings; purpose; definitions. Sec. 102. Methamphetamine prevention dem- available copies of ‘‘Alms for Jihad,’’ a use is highly concentrated, more and more dentists are encountering pa- onstration projects. book on terrorism funding by Amer- Sec. 103. Education for American Indian and ican authors. Indeed, an October 2008 tients with a distinct, painful and often Alaska native children. study reported in The Guardian found debilitating pattern of oral decay. The Sec. 104. Authorization of appropriations. that ‘‘[m]edia companies are becoming condition, known as ‘‘meth mouth’’, is TITLE II—METH MOUTH RESEARCH less willing to fight defamation court characterized by teeth that are black- INVESTMENT ACT cases all the way to a verdict. . . . ened, stained, rotting and crumbling or Sec. 201. Findings; purpose; definitions. With the burden of proof effectively falling apart. Some believe meth Sec. 202. Research on substance abuse, oral resting on the defendant’’ and attor- mouth is caused by the drug’s acidic health, and dental care. neys’ fees paid by the loser, defendants nature, its ability to dry the mouth, Sec. 203. Study of methamphetamine-related ‘‘are forced to enter into settlement the tendency of users to grind and oral health costs. negotiations.’’ clench their teeth and a drug-induced Sec. 204. Authorization of appropriations. Numerous organizations have en- craving for sugary drinks. Often the TITLE III—SUBSTANCE ABUSE EDU- dorsed the bill we offer today, includ- damage is so severe that extraction is CATION FOR DENTAL PROFESSIONALS ing the ACLU and the Anti-Defamation the only viable treatment option. Sec. 301. Findings; purpose; definitions. League, as well as numerous journal- The Meth Mouth Prevention and Sec. 302. Substance abuse training for dental Community Recovery Act authorizes professionals. ists and publishers groups. Op-eds and Sec. 303. Authorization of appropriations. editorials supporting our efforts have funding for local, school-based initia- TITLE I—EVIDENCE–BASED PREVENTION run in national papers, including the tives to educate primary and elemen- New York Times on September 15, 2008 tary school students about the dangers SEC. 101. FINDINGS; PURPOSE; DEFINITIONS. (a) FINDINGS.—The Congress finds as fol- and the New York Sun on July 28, 2008. of methamphetamine usage. It will also provide for enhanced research and lows: Also drawing attention to the issue (1) According to the Substance Abuse and was an op-ed Senator LIEBERMAN and I professional training in substance use Mental Health Services Administration, penned that ran in the Wall Street disorders, oral health and the provision first-time methamphetamine use is most Journal on July 14, 2008. of dental care. likely to occur between the ages of 18 and 25. Freedom of speech, freedom of the The bill I am putting forth here Prevention efforts must therefore begin dur- press, freedom of expression of ideas, today will begin to address our Na- ing the teen years. opinions, and research, and freedom of tion’s need to better understand and (2) Most young people do not realize that exchange of information are all essen- educate our population along helping methamphetamine use can quickly leave their teeth blackened, stained, rotting, and tial to the functioning of a democracy. the dental health providers treat the oral disease originating from this crumbling or falling apart and that the They are also essential in the fight treatment options are often limited. against terrorism. drug’s abuse. The studies funded and (3) By educating youth about meth mouth, I thank Senators LIEBERMAN and treatment offered here will begin to oral health advocates can play a substantial SCHUMER, as well as Congressman PETE stem the tide on this terrible afflic- role in helping to prevent first-time meth- KING and his cosponsors for working tion. amphetamine use. with me on this important bill. Mr. President, I ask unanimous con- (b) PURPOSE.—The purpose of this title is sent that the text of the bill be printed to provide for a number of projects to evalu- By Mr. BAUCUS (for himself, Ms. in the RECORD. ate whether, how, and to what degree edu- cating youth about meth mouth is an effec- STABENOW, Mr. TESTER, Mr. There being no objection, the text of the bill was ordered to be placed in the tive strategy for preventing or reducing CONRAD, Mr. JOHNSON, and Mr. methamphetamine use. ECORD SCHUMER): R , as follows: (c) DEFINITIONS.—In this title: S. 450. A bill to understand and com- S. 450 (1) ANTI-DRUG COALITION.—The term ‘‘anti- prehensively address the oral health Be it enacted by the Senate and House of Rep- drug coalition’’ has the meaning given to the problems associated with methamphet- resentatives of the United States of America in term ‘‘eligible coalition’’ in section 1023 of amine use; to the Committee on Congress assembled, the National Narcotics Leadership Act of Health, Education, Labor, and Pen- SECTION 1. SHORT TITLE; PURPOSES. 1988 (21 U.S.C. 1523). sions. (a) SHORT TITLE.—This Act may be cited as (2) DENTAL ORGANIZATION.—The term ‘‘den- Mr. BAUCUS. Mr. President, I rise the ‘‘Meth Mouth Prevention and Commu- tal organization’’ means a group of persons nity Recovery Act’’. organized to represent the art and science of today to re-introduce the Meth Mouth (b) PURPOSES.—The purposes of this Act dentistry or who are otherwise associated for Prevention and Community Recovery are— the primary purpose of advancing the Act in the 111th Congress. (1) to investigate and report on all aspects public’s oral health. In December 2007, the U.S. Depart- of meth mouth, including its causes, public (3) DIRECTOR.—The term ‘‘Director’’ means ment of Justice’s National Drug Intel- health impact, innovative models for its pre- the Director of the Center for Substance ligence Center, NDIC, reported the in- vention, and new and improved methods for Abuse Prevention. creasing availability of high-purity its treatment; (4) ELEMENTARY SCHOOL; SECONDARY methamphetamine throughout the (2) to ensure dentists and allied dental per- SCHOOL.—The terms ‘‘elementary school’’ sonnel are able to recognize the signs of sub- and ‘‘secondary school’’ have the meanings country and the expansion of meth- stance abuse in their patients, discuss the given to such terms in section 9101 of the El- amphetamine networks. According to nature of addiction as it relates to oral ementary and Secondary Education Act of the 2005 National Survey on Drug Use health and dental care, and facilitate appro- 1965 (20 U.S.C. 7801). and Health, NSDUH, an estimated 10.4 priate help for patients (and family members (5) INDIAN; INDIAN TRIBE; TRIBAL ORGANIZA- million Americans aged 12 or older of patients) who are affected by a substance TION.—The terms ‘‘Indian’’, ‘‘Indian tribe’’, used methamphetamine at least once use disorder; and ‘‘tribal organization’’ have the meanings in their lifetimes for nonmedical rea- (3) to determine whether, how, and to what given to such terms in section 4 of the Indian sons, representing 4.3 percent of the degree educating youth about meth mouth is Self-Determination and Education Assist- an effective strategy for preventing or reduc- ance Act (25 U.S.C. 450b). U.S. population in that age group. Its ing the prevalence of methamphetamine use; (6) METH MOUTH.—The term ‘‘meth mouth’’ use has been destructive to individual and means a distinct and often severe pattern of people, families and communities in (4) to underscore the many ways that den- oral decay that is commonly associated with our nation. Lung disease, fatal heart tists and other oral health professionals can methamphetamine use.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.071 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2344 CONGRESSIONAL RECORD — SENATE February 13, 2009

(7) SUBSTANCE USE DISORDER.—The term SEC. 103. EDUCATION FOR AMERICAN INDIAN stance use disorders, oral health, and the ‘‘substance use disorder’’ means any harmful AND ALASKA NATIVE CHILDREN. provision of dental care. pattern of alcohol or drug use that leads to Not less than 5 percent of the funds appro- (b) ADMINISTRATION.—In carrying out sub- clinically significant impairment in phys- priated pursuant to section 104 for a fiscal section (a), the Secretary— ical, psychological, interpersonal, or voca- year shall be awarded to Indian tribes and (1) may enter into contracts or agreements tional functioning. tribal organizations for the purpose of edu- with other Federal agencies, including inter- (8) YOUTH.—The term ‘‘youth’’ has the cating Indian youth about the oral health agency agreements, to delegate authority for meaning given to such term in section 1023 of risks associated with methamphetamine use. the execution of grants and for such other the National Narcotics Leadership Act of SEC. 104. AUTHORIZATION OF APPROPRIATIONS. activities as may be necessary to carry out 1988 (21 U.S.C. 1523). There are authorized to be appropriated for this section; SEC. 102. METHAMPHETAMINE PREVENTION the purpose of carrying out this title (2) may carry out this section directly or DEMONSTRATION PROJECTS. $1,000,000 for each of fiscal years 2010 through through grants or cooperative agreements (a) IN GENERAL.—In carrying out section 2012. Amounts authorized to be appropriated with State, local, and territorial units of 519E of the Public Health Service Act (42 under this section are in addition to any government, Indian tribes, and tribal organi- U.S.C. 290bb–25e), the Director of the Center other amounts authorized to be appropriated zations, or other public or nonprofit private for Substance Abuse Prevention shall make for such purpose. entities; and grants to public and private nonprofit enti- TITLE II—METH MOUTH RESEARCH (3) may request and use such information, ties to enable such entities to determine INVESTMENT ACT data, and reports from any Federal, State, whether, how, and to what degree educating local, or private entity as may be required to SEC. 201. FINDINGS; PURPOSE; DEFINITIONS. youth about meth mouth is an effective carry out this section, with the consent of (a) FINDINGS.—The Congress finds as fol- strategy for preventing or reducing meth- such entity. amphetamine use. lows: (1) As the number of regular methamphet- SEC. 203. STUDY OF METHAMPHETAMINE-RE- (b) USE OF FUNDS.— LATED ORAL HEALTH COSTS. amine users has increased, so has a peculiar (1) MANDATORY USES.—Amounts awarded (a) IN GENERAL.—In carrying out section set of dental problems linked to the drug. under this title shall be used for projects 202, the Secretary shall conduct a study to The condition (known as ‘‘meth mouth’’) de- that focus on, or include specific information determine whether, how, and to what degree velops rapidly and is attributed to the drug’s about, the oral health risks associated with methamphetamine use affects the demand acidic nature, its ability to dry the mouth, methamphetamine use. for (and provision of) dental care. The study the tendency of users to grind and clench (2) AUTHORIZED USES.—Amounts awarded shall account for both genders, all racial and their teeth, and a drug-induced craving for under this title may be used— ethnic groups (and subgroups), and persons sugar-laden soft drinks. (A) to develop or acquire instructional aids of all ages and from all geographic areas as (2) Meth mouth is regarded by many as an to enhance the teaching and learning process appropriate for the scientific goals of the re- anecdotal phenomenon. Few peer-reviewed (including audiovisual items, computer- search. studies have been published that examine its based multimedia, supplemental print mate- (b) REPORT.—Not later than 1 year after rial, and similar resources); causes, its physical effects, its prevalence, or the date of enactment of this Act, the Sec- (B) to develop or acquire promotional its public health costs. retary shall publish a special report detail- items to be used for display or distribution (3) Enhanced research would help to iden- ing the results of the study described in sub- on school campuses (including posters, fly- tify the prevalence and scope of meth mouth. section (a), with findings that address— ers, brochures, pamphlets, message-based ap- Such research would also help determine (1) the prevalence and severity of oral parel, buttons, stickers, and similar items); how substances of abuse can damage the health problems believed to be associated (C) to facilitate or directly furnish school- teeth and other oral tissues, and offer the with methamphetamine use; based instruction concerning the oral health possibility of developing new and improved (2) the criteria most commonly used to de- risks associated with methamphetamine use; prevention, harm-reduction, and cost man- termine whether a patient’s oral health (D) to train State and local health offi- agement strategies. problems are associated with methamphet- (b) PURPOSE.—The purpose of this title is cials, health professionals, members of anti- amine use; to provide for enhanced research examining drug coalitions, parents, and others how to (3) the therapies most commonly used to all aspects of meth mouth, including its carry messages about the oral health risks treat patients with meth mouth; causes, its public health impact, innovative associated with methamphetamine use to (4) the clinical prognosis for patients who models for its prevention, and new and im- youth; and received care for meth mouth; and proved methods for its treatment. (E) to support other activities deemed ap- (5) the financial impact of meth mouth on (c) DEFINITIONS.—In this title: propriate by the Director. publicly financed dental programs. (1) CLINICAL RESEARCH; HEALTH SERVICES (c) GRANT ELIGIBILITY.— SEC. 204. AUTHORIZATION OF APPROPRIATIONS. RESEARCH.—The terms ‘‘clinical research’’ (1) APPLICATION.—To be eligible for grants There are authorized to be appropriated for under this title, an entity shall prepare and and ‘‘health services research’’ shall have the meanings given to such terms in section the purpose of carrying out this title, $200,000 submit an application at such time, in such for each of fiscal years 2010 through 2012. manner, and containing such information as 409 of the Public Health Service Act (42 U.S.C. 284d). Amounts authorized to be appropriated the Director may reasonably require. under this section are in addition to any (2) INDIAN; INDIAN TRIBE; TRIBAL ORGANIZA- (2) CONTENTS.—Each application submitted other amounts authorized to be appropriated TION.—The terms ‘‘Indian’’, ‘‘Indian tribe’’, pursuant to paragraph (1) shall include— for such purpose. (A) a description of the objectives to be at- and ‘‘tribal organization’’ shall have the tained; meanings given to such terms in section 4 of TITLE III—SUBSTANCE ABUSE EDU- (B) a description of the manner in which the Indian Self-Determination and Edu- CATION FOR DENTAL PROFESSIONALS the grant funds will be used; and cation Assistance Act (25 U.S.C. 450b). SEC. 301. FINDINGS; PURPOSE; DEFINITIONS. (C) a plan for evaluating the project’s suc- (3) METH MOUTH.—The term ‘‘meth mouth’’ (a) FINDINGS.—The Congress finds as fol- cess using methods that are evidence-based. means a distinct and often severe pattern of lows: (3) PREFERENCE.—In awarding grants under oral decay that is commonly associated with (1) The use of certain therapeutic agents in this title, the Director shall give preference methamphetamine use. dental treatment can jeopardize the health to applicants that intend to— (4) PUBLIC HEALTH RESEARCH.—The term and affect the relapse potential of patients (A) collaborate with one or more dental or- ‘‘public health research’’ means research with substance use disorders. ganizations; that focuses on population-based health (2) Screening patients for substance abuse (B) partner with one or more anti-drug measures. is not a common practice among dentists, coalitions; and (5) SECRETARY.—The term ‘‘Secretary’’ according to several peer-reviewed articles (C) coordinate their activities with one or means the Secretary of Health and Human published in the ‘‘Journal of the American more national, State, or local methamphet- Services. Dental Association’’. Limited time, inad- amine prevention campaigns or oral health (6) SUBSTANCE USE DISORDER.—The term equate training, and the potential for alien- promotion initiatives. ‘‘substance use disorder’’ means any harmful ating patients are among the reasons often (d) LIMITATIONS.— pattern of alcohol or drug use that leads to cited. (1) GRANT AMOUNTS.—The amount of an clinically significant impairment in phys- (3) Dentists receive little formal education award under this title may not exceed $50,000 ical, psychological, interpersonal, or voca- and training in screening patients for sub- per grantee. tional functioning. stance abuse, discussing the nature of addic- (2) DURATION.—The Director shall award SEC. 202. RESEARCH ON SUBSTANCE ABUSE, tion as it relates to oral health and dental grants under this title for a period not to ex- ORAL HEALTH, AND DENTAL CARE. care, and facilitating appropriate help for ceed 3 years. (a) EXPANSION OF ACTIVITY.—In carrying patients, and family members of patients, (e) EVALUATION AND DISSEMINATION.—The out part A of title III of the Public Health who are affected by a substance use disorder. Director shall collect and widely disseminate Service Act (42 U.S.C. 241 et seq.), the Sec- (4) The American Dental Association main- information about the effectiveness of the retary shall expand and intensify the clinical tains that dentists should be knowledgeable demonstration projects assisted under this research, health services research, and public about substance use disorders in order to title. health research on associations between sub- safely administer and prescribe controlled

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.057 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2345 substances and other medications. The under this section are in addition to any as more foreign governments have restricted American Dental Association further rec- other amounts authorized to be appropriated Internet access or blocked Web sites viewed ommends that dentists become familiar with for such purpose. as hostile to their political regimes; their community’s substance abuse treat- f Whereas following the end of the Cold War ment resources and be able to make referrals and the attacks on United States embassies when indicated. SUBMITTED RESOLUTIONS in Kenya and Tanzania, budgetary and secu- (5) Training can greatly increase the de- rity pressures resulted in the drastic gree to which dentists, allied dental per- downsizing or closure of most of the Amer- sonnel, and other health professionals can SENATE RESOLUTION 49—TO EX- ican Centers; screen patients for substance abuse, discuss PRESS THE SENSE OF THE SEN- Whereas beginning in 1999, American Cen- the nature of addiction as it relates to oral ATE REGARDING THE IMPOR- ters began to be renamed Information Re- health and dental care, and facilitate appro- TANCE OF PUBLIC DIPLOMACY source Centers and relocated primarily in- priate help for patients, and family members side United States embassy compounds; of patients, who are affected by a substance Mr. LUGAR submitted the following Whereas of the 177 Information Resource use disorder. resolution; which was referred to the Centers operating in February 2009, 87, or 49 (b) PURPOSE.—The purpose of this title is Committee on Foreign Relations: percent, operate on a ‘‘By Appointment to provide for enhanced training and tech- S. RES. 49 Only’’ basis and 18, or 11 percent, do not per- nical assistance to ensure that dentists and mit any public access; Whereas public diplomacy is the conduct of Whereas Information Resource Centers lo- allied dental personnel are able to recognize foreign relations directly with the average the signs of substance abuse in their pa- cated outside United States embassy com- citizen of a country, rather than with offi- pounds receive significantly more visitors tients, discuss the nature of addiction as it cials of a country’s foreign ministry; relates to oral health and dental care, and than those inside such compounds, including Whereas public diplomacy is commonly twice the number of visitors in Africa, 6 facilitate appropriate help for patients, and conducted through people-to-people ex- family members of patients, who are affected times more visitors in the Middle East, and changes in which experts, authors, artists, 22 times more visitors in Asia; by a substance use disorder. educators and students interact with their (c) DEFINITIONS.—For the purposes of this Whereas Iran has increased the number of peers in other countries; title: similar Iranian facilities, known as Iranian Whereas effective public diplomacy pro- (1) ALLIED DENTAL PERSONNEL.—The term Cultural Centers, to about 60 throughout the motes free and unfiltered access to informa- ‘‘allied dental personnel’’ means individuals world: Now, therefore, be it tion about the United States through books, who assist the dentist in the provision of Resolved, That— newspapers, periodicals, and the Internet; oral health care services to patients, includ- (1) the Secretary of State should initiate a Whereas public diplomacy requires a will- ing dental assistants, dental hygienists, and reexamination of the public diplomacy plat- ingness to discuss all aspects of society, dental laboratory technicians who are em- form strategy of the United States with a search for common values, foster a long-term goal of reestablishing publicly accessible ployed in dental offices or other patient care bilateral relationship based on mutual re- American Centers; facilities. spect, and recognize that certain areas of (2) after taking into account relevant secu- (2) CONTINUING EDUCATION.—The term ‘‘con- disagreement may remain unresolved on a rity considerations, the Secretary of State tinuing education’’ means extracurricular short term basis; should consider placing United States public learning activities (including classes, lecture Whereas a BBC World Service poll pub- diplomacy facilities at locations conducive series, conferences, workshops, seminars, lished in February 2009 that involved 13,000 to maximizing their use, consistent with the correspondence courses, and other programs) respondents in 21 countries found that while authority given to the Secretary under sec- whose purpose is to incorporate the latest 40 percent of the respondents had a positive tion 606(a)(2)(B) of the Secure Embassy Con- advances in science, clinical, and profes- view of the United States, 43 percent had a struction and Counterterrorism Act of 1999 sional knowledge into the practice of health negative view of the United States; (22 U.S.C. 4865(a)(2)(B)) to waive certain re- care (and whose completion is often a condi- Whereas Freedom House’s 2008 Global quirements of that Act. tion of professional licensing). Press Freedom report notes that 123 coun- (3) CONTINUING EDUCATION CREDIT.—The f tries (66 percent of the world’s countries and term ‘‘continuing education credit’’ means a 80 percent of the world’s population) have a SENATE RESOLUTION 50—AUTHOR- unit of study that is used to officially certify press that is classified as ‘‘Not Free’’ or IZING EXPENDITURES BY THE or recognize the successful completion of an ‘‘Partly Free’’; activity that is consistent with professional COMMITTEE ON SMALL BUSI- Whereas the Government of the United standards for continuing education. NESS AND ENTREPRENEURSHIP Kingdom, of France, and of Germany run SEC. 302. SUBSTANCE ABUSE TRAINING FOR DEN- stand-alone public diplomacy facilities Ms. LANDRIEU submitted the fol- TAL PROFESSIONALS. throughout the world, which are known as lowing resolution; from the Committee (a) IN GENERAL.—In carrying out title V of the British Council, the Alliance Francaise, on Small Business and Entrepreneur- the Public Health Service Act (42 U.S.C. 290 and the Goethe Institute, respectively; ship; which was referred to the Com- et seq.), the Administrator of the Substance Whereas these government-run facilities mittee on Rules and Administration: Abuse and Mental Health Services Adminis- teach the national languages of their respec- S. RES. 50 tration shall support training and offer tech- tive countries, offer libraries, newspapers, Resolved, That, in carrying out its powers, nical assistance to ensure that dentists and and periodicals, sponsor public lecture and allied dental personnel are prepared to— duties, and functions under the Standing film series that engage local audiences in Rules of the Senate, in accordance with ju- (1) recognize signs of alcohol or drug addic- dialogues that foster better understandings tion in their patients and the family mem- risdiction under rule XXV of such rules, in- between these countries and create an envi- cluding holding hearings, reporting such bers of their patients; ronment promoting greater trust and open- (2) discuss the nature of substance abuse as hearings, and making investigations as au- ness; thorized by paragraphs 1 and 8 of rule XXVI it relates to their area of expertise; Whereas the United States has historically of the Standing Rules of the Senate, the (3) understand how certain dental thera- operated similar facilities, known as Amer- Committee on Small Business and Entrepre- pies can affect the relapse potential of sub- ican Centers, which— neurship is authorized from March 1, 2009, stance dependent patients; and (1) offered classes in English, extensive li- through September 30, 2009, and October 1, (4) help those affected by a substance use braries housing collections of American lit- 2009, through September 30, 2010, and October disorder to find appropriate treatment for erature, history, economics, business, and 1, 2010, through February 28, 2011, in its dis- their condition. social studies, and reading rooms offering cretion— (b) CONTINUING EDUCATION CREDITS.—The the latest American newspapers, periodicals, (1) to make expenditures from the contin- Administrator of the Substance Abuse and and academic journals; gent fund of the Senate; Mental Health Services Administration may (2) hosted visiting American speakers and (2) to employ personnel; and collaborate with professional accrediting scholars on these topics; and (3) with the prior consent of the Govern- bodies— (3) ran United States film series on topics ment department or agency concerned and (1) to develop and support substance abuse related to American values; the Committee on Rules and Administration, training courses for oral health profes- Whereas in societies in which freedom of to use on a reimbursable or non-reimburs- sionals; and speech, freedom of the press, or local invest- able basis the services of personnel of any (2) to encourage that the activities de- ment in education were minimal, American such department or agency. scribed in paragraph (1) be recognized for Centers provided vital outposts of informa- SEC. 2. (a) The expense of the committee continuing education purposes. tion for citizens throughout the world, giv- for the period March 1, 2009, through Sep- SEC. 303. AUTHORIZATION OF APPROPRIATIONS. ing many of them their only exposure to un- tember 30, 2009, under this resolution shall There are authorized to be appropriated for censored information about the United not exceed $1,693,240, of which amount— the purpose of carrying out this title, $500,000 States; (1) not to exceed $25,000 may be expended for each of fiscal years 2010 through 2012. Whereas this need for uncensored informa- for the procurement of the services of indi- Amounts authorized to be appropriated tion about the United States has accelerated vidual consultants, or organizations thereof

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.057 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2346 CONGRESSIONAL RECORD — SENATE February 13, 2009 (as authorized by section 202(i) of the Legis- S. CON. RES. 7 entine. The class was in the school’s lative Reorganization Act of 1946); and Whereas Larry King was a 15-year-old boy computer lab and the students sat typ- (2) not to exceed $10,000 may be expended from Oxnard, California who was shot by a ing up their papers. for the training of the professional staff of fellow student during English class on Feb- At 8:30 a.m., the other boy stood up such committee (under procedures specified ruary 12, 2008 and died in the hospital 2 days by section 202(j) of the Legislative Reorga- later; and fatally shot Larry. He had hidden a nization Act of 1946). Whereas the police classified the murder as handgun in his bag, which he took out, (b) For the period of October 1, 2009, a hate crime; and simply stood up silently and shot through September 30, 2010, expenses of the Whereas in 2008, more than 150 vigils were Larry twice in the back of the head. committee under this resolution shall not held across the Nation in Larry’s memory, Larry died in the hospital two days exceed $2,976,370, of which amount— and more than 18,000 students from more later. (1) not to exceed $25,000 may be expended than 6,500 middle and high schools came to- for the procurement of the services of indi- gether to commemorate his death; This act of violence is shocking and vidual consultants, organizations thereof (as Whereas one year later, vigils continue to devastated his parents, and the Oxnard authorized by section 292(i) of the Legisla- be organized to call for an end to violence, community. tive Reorganization Act of 1946); and bullying, and harassment in schools in the I strongly oppose hate crimes of all (2) not to exceed $10,000 may be expended United States; for the training of the professional staff of kinds. When victims are targeted be- Whereas in 2007, 85 percent of lesbian, gay, cause of who they are—because of their such committee (under procedures specified bisexual, and transgender students were ver- by section 202(j) of the Legislative Reorga- bally harassed at school because of their sex- race, their religion, their sexual ori- nization Act of 1946). ual orientation, and more than 20 percent of entation, or national origin—the harm (c) For the period of October 1, 2010, those students were physically assaulted be- runs very deep. through February 28, 2011, expenses of the cause of their sexual orientation; Hate crimes can cause lengthy emo- committee under this resolution shall not Whereas the Gay, Lesbian, and Straight exceed $1,267,330, of which amount— tional trauma; they can make people Education Network’s 2007 National School (1) not to exceed $25,000 may be expended afraid to express their identities; and Climate Survey showed that when students for the procurement of the services of indi- are harassed or assaulted at school, they find they are deeply divisive and can tear vidual consultants, or organizations thereof it difficult to focus on their school work, our communities apart. (as authorized by section 202(i) of the Legis- their grades drop, and they attend school Hate crimes and bullying in schools lative Reorganization Act of 1946); and less often; and (2) not to exceed $10,000 may be expended can cause even deeper harm. Whereas schools should be a place where for the training of the professional staff of According to a School Climate Sur- all children can learn and grow in a safe en- such committee (under procedures specified vironment, free from bullying and harass- vey in 2007, over 85 percent of gay, les- by section 202(j) of the Legislative Reorga- ment: Now, therefore, be it bian, bisexual, and transgender stu- nization Act of 1946). Resolved by the Senate (the House of Rep- dents were verbally harassed at school. SEC. 3. The committee may report its find- resentatives concurring), That Congress— And more than 20 percent of these stu- ings, together with such recommendations (1) honors and remembers the life of Law- for legislation as it deems advisable, to the dents had been physically assaulted. rence ‘‘Larry’’ King; Senate at the earliest practicable date, but The survey also found that when (2) condemns all hate crimes; and not later than February 28, 2011. (3) calls on the Federal Government, children were bullied or harassed, they SEC. 4. Expenses of the committee under States, localities, schools, and the people of attended school less and their grades this resolution shall be paid from the contin- the United States to take immediate steps to began to drop. gent fund of the Senate upon vouchers ap- stop bullying and harassment in the Nation’s proved by the chairman of the committee, This bullying and violence has to schools. except that vouchers shall not be required— stop. I am introducing this resolution (1) for the disbursement of salaries of em- Mrs. FEINSTEIN. Mr. President, I today to commemorate the life of this ployees paid at an annual rate; rise to introduce a resolution to honor young boy and to draw attention to the (2) for the payment of telecommunications the memory of Lawrence ‘‘Larry’’ need for increased efforts to end bul- provided by the Office of the Sergeant at King, a 15-year-old boy who was shot lying and violence in our schools. Arms and Doorkeeper, United States Senate; and killed at a California junior high Schools should be safe places where (3) for the payment of stationery supplies school on this day last year. purchased through the Keeper of the Sta- children can learn and grow, free from tionery, United States Senate; Larry’s story is a tragic and is a harassment or any threat of physical (4) for payments to the Postmaster, United poignant reminder of why it is so im- attack. States Senate; portant to stop bullying and violence I also want to take this opportunity (5) for the payment of metered charges on in our schools. to urge my colleagues to pass hate copying equipment provided by the Office of Larry King was a spirited boy who crimes legislation this year so that our the Sergeant at Arms and Doorkeeper, grew up in Oxnard, California. United States Senate; federal law will be clear that crimes At the age of 10, he told the other based on a person’s sexual orientation, (6) for the payment of Senate Recording kids at school that he was gay, and and Photographic Services; or gender identity, or disability are many of them teased and taunted him (7) for payment of franked mail costs by crimes of hate and must be vigorously as a result. At his first school, the bul- the Sergeant at Arms and Doorkeeper, prosecuted because of the great harm lying became so harsh that his parents United States Senate. that they cause to our communities. SEC. 5. There are authorized such sums as had to transfer him to a different may be necessary for agency contributions school. But the transfer seemed like a I urge my colleagues to support this related to the compensation of employees of good one, and although Larry still en- resolution. the committee from March 1, 2009, through dured teasing, he made some very close September 30, 2009, October 1, 2009, through f September 30, 2010, and October 1, 2010, friends. through February 28, 2011, to be paid from Near the beginning of last year, the Appropriations account for ‘‘Expenses of Larry decided to change the way he AUTHORITY FOR COMMITTEES TO Inquiries and Investigations’’. dressed. He started wearing girls’ ac- MEET f cessories, makeup, and a pair of high heels that he bought for himself at COMMITTEE ON SMALL BUSINESS AND SENATE CONCURRENT RESOLU- Target. ENTREPRENEURSHIP TION 7—HONORING AND REMEM- In February, he asked one of his male Mr. WHITEHOUSE. Mr. President, I BERING THE LIFE OF LAWRENCE classmates to be his Valentine. The ask unanimous consent that the Com- ‘‘LARRY’’ KING boys exchanged heated words, and the mittee on Small Business and Entre- Mrs. FEINSTEIN (for herself, Mrs. next morning Larry came to school preneurship be authorized to meet dur- BOXER, Mr. DURBIN, and Mr. dressed plainly and looking nervous ing the session of the Senate, off the WHITEHOUSE) submitted the following and out of sorts. Senate floor, during a roll call vote on concurrent resolution; which was re- He had English as his first class and February 13, 2009. ferred to the Committee on the Judici- he sat with the other students, includ- The PRESIDING OFFICER. Without ary: ing the boy he had asked to be his Val- objection, it is so ordered.

VerDate Nov 24 2008 06:41 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.075 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2347 DISTRICT OF COLUMBIA HOUSE The PRESIDING OFFICER. The clo- The preamble was agreed to. VOTING RIGHTS ACT OF 2009— ture motion having been presented f MOTION TO PROCEED under rule XXII, the clerk will report PROVIDING FOR A CONDITIONAL the motion. CLOTURE MOTION ADJOURNMENT OF THE HOUSE The legislative clerk read as follows: Mr. REID. Mr. President, ordinarily I OF REPRESENTATIVES AND A would ask consent to proceed to legis- CLOTURE MOTION CONDITIONAL RECESS OR AD- lation, especially S. 160, a bill to pro- We, the undersigned Senators, in accord- JOURNMENT OF THE SENATE vide the District of Columbia a voting ance with the provisions of rule XXII of the seat and the State of Utah an addi- Standing Rules of the Senate, hereby move Mr. REID. Mr. President, I ask unan- tional seat in the House of Representa- to bring to a close debate on the nomination imous consent that the Senate proceed tives, but I know there is an objection; of Hilda L. Solis, of California, to be Sec- to the consideration of H. Con. Res. 47. therefore, I will not ask consent. But retary of Labor. The PRESIDING OFFICER. The Harry Reid, Christopher J. Dodd, Richard clerk will report the concurrent resolu- in view of an objection that would be Durbin, Charles E. Schumer, Benjamin lodged against the proceeding, I now tion by title. L. Cardin, Edward E. Kaufman, Joseph The legislative clerk read as follows: move to proceed to Calendar No. 23, S. I. Lieberman, Mark Udall, Daniel K. A concurrent resolution (H. Con. Res. 47) 160, and I send a cloture motion to the Inouye, Michael F. Bennet, Mary L. providing for a conditional adjournment of desk. Landrieu, Mark L. Pryor, Sheldon the House of Representatives and a condi- The PRESIDING OFFICER. Under Whitehouse, Roland W. Burris, Patty tional recess or adjournment of the Senate. rule XXII, the clerk will report the mo- Murray, Jack Reed, Blanche L. Lin- tion to invoke cloture on the motion to coln, Bernard Sanders. There being no objection, the Senate proceed to S. 160, the District of Co- Mr. REID. I ask unanimous consent proceeded to consider the concurrent lumbia House Voting Rights Act of that the mandatory quorum be waived. resolution. Mr. REID. Mr. President, I now ask 2009. The PRESIDING OFFICER. Without unanimous consent that the concur- The legislative clerk read as follows: objection, it is so ordered. rent resolution be agreed to, and the CLOTURE MOTION f We, the undersigned Senators, in accord- motion to reconsider be laid upon the ance with the provisions of rule XXII of the LEGISLATIVE SESSION table, with no intervening action or de- Standing Rules of the Senate, hereby move Mr. REID. Mr. President, I ask unan- bate. The PRESIDING OFFICER. Without to bring to a close debate on the motion to imous consent that the Senate now re- proceed to S. 160, the District of Columbia objection, it is so ordered. sume legislative session. House Voting Rights Act of 2009. The concurrent resolution (H. Con. The PRESIDING OFFICER. Without Harry Reid, Joseph I. Lieberman, Rich- Res. 47) was agreed to, as follows: ard Durbin, Charles E. Schumer, Chris- objection, it is so ordered. H. CON. RES. 47 topher J. Dodd, Benjamin L. Cardin, f Edward E. Kaufman, Mark Udall, Dan- Resolved by the House of Representatives (the iel K. Inouye, Michael F. Bennet, Mary APPOINTMENT Senate concurring), That when the House ad- journs on any legislative day from Thursday, L. Landrieu, Mark L. Pryor, Sheldon The PRESIDING OFFICER. The Whitehouse, Roland W. Burris, Patty February 12, 2009, through Monday, February Chair, on behalf of the Vice President, 16, 2009, on a motion offered pursuant to this Murray, Bernard Sanders, Thomas R. pursuant to Public Law 94–304, as Carper. concurrent resolution by its Majority Leader amended by Public Law 99–7, appoints or his designee, it stand adjourned until 2 Mr. REID. I ask unanimous consent the following Senators as members of p.m. on Monday, February 23, 2009, or until that the mandatory quorum be waived. the Commission on Security and Co- the time of any reassembly pursuant to sec- The PRESIDING OFFICER. Without tion 2 of this concurrent resolution, which- objection, it is so ordered. operation in Europe, Helsinki, during the 111th Congress: the Honorable ever occurs first; and that when the Senate Mr. REID. I now withdraw the mo- recesses or adjourns on any day from Friday, tion. RICHARD BURR of North Carolina and February 13, 2009, through Friday, February The PRESIDING OFFICER. The lead- the Honorable ROGER WICKER of Mis- 20, 2009, on a motion offered pursuant to this er has that right. The motion is with- sissippi. concurrent resolution by its Majority Leader drawn. f or his designee, it stand recessed or ad- Mr. REID. I now ask unanimous con- journed until 2 p.m. on Monday, February 23, 100TH ANNIVERSARY OF THE NA- sent that the cloture vote occur at 11 2009, or such other time on that day as may TIONAL ASSOCIATION FOR THE a.m. on Tuesday, February 24; that if be specified in the motion to recess or ad- ADVANCEMENT OF COLORED journ, or until the time of any reassembly cloture is invoked on the motion, then PEOPLE pursuant to section 2 of this concurrent reso- all postcloture time be considered lution, whichever occurs first. yielded back, the motion to proceed be Mr. REID. Mr. President, I ask unan- SEC. 2. The Speaker of the House and the agreed to, and the Senate proceed to imous consent that the Senate proceed Majority Leader of the Senate, or their re- the consideration of the bill. to the consideration of H. Con. Res. 35. spective designees, acting jointly after con- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The sultation with the Minority Leader of the objection, it is so ordered. clerk will report the concurrent resolu- House and the Minority Leader of the Sen- ate, shall notify the Members of the House f tion by title. The legislative clerk read as follows: and the Senate, respectively, to reassemble EXECUTIVE SESSION at such place and time as they may des- A concurrent resolution (H. Con. Res. 35) f ignate if, in their opinion, the public interest honoring and praising the National Associa- shall warrant it. NOMINATION OF HILDA L. SOLIS tion for the Advancement of Colored People f TO BE SECRETARY OF LABOR on the occasion of its 100th anniversary. Mr. REID. Mr. President, I now ask There being no objection, the Senate PROGRAM unanimous consent that the Senate proceeded to consider the concurrent Mr. REID. Mr. President, when we proceed to executive session to con- resolution. get back on that Monday, a week from sider the nomination of Calendar No. Mr. REID. Mr. President, I ask unan- this Monday, we are going to have 18, Hilda L. Solis, of California, to be imous consent that the concurrent res- Washington’s Farewell Address. It will Secretary of Labor. olution be agreed to, the preamble be be read by Senator JOHANNS of Ne- The PRESIDING OFFICER. Is there agreed to, the motions to reconsider be braska. It alternates back and forth be- objection? Without objection, it is so laid upon the table, there be no inter- tween Democrats and Republicans. ordered. The clerk will report. vening action or debate, and any state- This is the time for the Republicans to The legislative clerk read the nomi- ments relating to this matter be print- read the address. There will be no votes nation of Hilda L. Solis, of California, ed in the RECORD. on Monday as a result of the agreement to be Secretary of Labor. The PRESIDING OFFICER. Without we reached just a minute ago on this CLOTURE MOTION objection, it is so ordered. unanimous consent request. Mr. REID. Mr. President, I send a The concurrent resolution (H. Con. On the 24th, at 11 a.m., there will be cloture motion to the desk. Res. 35) was agreed to. a cloture vote on the motion to proceed

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.081 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2348 CONGRESSIONAL RECORD — SENATE February 13, 2009 to the DC House Voting Rights Act. If worked together on a bipartisan basis Mr. President, I am sure I have left cloture is invoked on the motion to to accomplish a lot. off people, but this piece of legislation, proceed, postcloture time will be yield- We are so fortunate to have our new I am so happy we were able to get it ed back, and the Senate will proceed to President. It is a pleasure to work with done. the bill. There will be immediately an- him. I have had, this past couple of I will never, ever forget the valiancy other cloture vote on the nomination weeks, the ability to visit with him of those three brave Republicans who of HILDA SOLIS to be President Obama’s firsthand in legislative combat. broke from the pack and stood alone to Secretary of Labor. They are competent. I am so im- tell America that we needed to do I anticipate that after the luncheons pressed. The President’s chief of staff something with our economy which we have every week with our caucuses, Rahm Emanuel—we could not have needed help: Senator SNOWE from we will reach an agreement for a time done this without his assistance, guid- Maine, and Senator COLLINS from certain for a vote on the confirmation ance, and directness. Maine, Senator SPECTER from Pennsyl- of the nomination of HILDA SOLIS. We had the head of the Office of Man- vania. But for them we would not be Everyone is reminded that President agement and Budget, Peter Orszag, where we are. Obama will address a joint session of who I called personally last night to Senator INOUYE was masterful in Congress Tuesday evening at 9 p.m. in tell him that I know he is not a long- what he did. Senator BAUCUS was tre- the House Chamber. Members of the time person involved in politics, but he mendous in the Finance Committee, Senate will gather on the Senate floor is a natural. He is a brilliant man. He and his staff. Senator BAUCUS’s staff at 8:30 p.m. and proceed to the House. has a degree from Princeton. He has a was really very good, led by Russ Sul- On Wednesday, February 25, the DC Ph.D. from the London School of Eco- livan, who we depend on—all of us—for voting rights bill will be up, be open to nomics. I am very impressed with this his knowledge. He is a CPA. He has debate and amendments. We hope to man, who I did not know other than to been a feature in the Senate for a long complete this bill by the end of the say hello to, but I have gotten to know time and he was so very important. week. him well because we have spent days I did not mention a person we have I would recognize that the House is together in the last short period of come to depend on in the Senate—all of going to take up, the week we get time. us—because he has been the chief per- back, the omnibus appropriations bill. The President’s representative up son on the Appropriations Committee Friday, February 26, is an announced here, who we will deal with all the for Senator BYRD, and that is Chuck no-vote day. time, Phil Schiliro, has done a really Kieffer, who was with us all the time, wonderful job. f as was Senator INOUYE’s chief clerk on Rob Nabors, who was the longtime the Appropriations Committee, Charlie ORDERS FOR MONDAY, FEBRUARY staff assistant, director of the Appro- Houy. 23, 2009 priations Committee for Chairman Now, as I said, I am sure I have Mr. REID. So, Mr. President, I ask OBEY, has been magnificent in his work unanimous consent that when the Sen- for the White House, working as Peter missed a few people because this was, ate completes its business today, it Orszag’s assistant. really, a big team effort. stand adjourned under the provisions of There are a lot of people who allowed In my own mind, this piece of legisla- H. Con. Res. 47 until 2 p.m. on Monday, us to get to where we are, and I appre- tion is the most important piece of leg- February 23; that following the prayer ciate very much their help. It was a islation I have worked on for the coun- and pledge, the Journal of proceedings real long, hard pull. try. The country is in trouble, and we be approved to date, the morning hour The Presiding Officer, my dear are so fortunate we were able to get it be deemed expired, the time for the two friend, the senior Senator from the passed. It is going to give this country leaders be reserved for their use later State of Illinois, who came to Wash- a shot in the arm. My State of Nevada in the day, and that the Senator from ington with me in 1982, has been in- needs this so very much. We are going Nebraska, Mr. JOHANNS, be recognized valuable during this very difficult time to have a number of meetings in Ne- to read Washington’s Farewell Address; working on this bill. vada next week to talk about all the further, that following the address, the Senator SCHUMER of New York, of good that will flow to Nevada as a re- Senate resume consideration of the course, works with me and Senator sult of its passage. motion to proceed to S. 160, the Dis- DURBIN on all the things we do. As usual, Lula Davis is so important trict of Columbia House Voting Rights And the final point of that legislative to how we function here. She is the Act of 2009. team is PATTY MURRAY. She is such a person who tells us how we can move f contributor to this Senate. I have such forward on things. She is invaluable to respect for her. She has such a soft every Democratic Senator, and espe- A TEAM EFFORT touch, but she is as strong as anybody cially to me. Mr. REID. Mr. President, just in clos- in the Senate. As I announced earlier, Mr. Presi- ing, it has been a long, hard several I am not going to go through the en- dent, the next vote will occur at 11 weeks for our valiant staff, and there is tire list of people. Many, many worked a.m., Tuesday, February 24. That vote not any way anyone could suggest well hard. will be on the motion to invoke cloture enough the enormous contributions The chairman of the Appropriations on the motion to proceed to the Dis- they make to making this body flour- Committee, Senator INOUYE, is a hero trict of Columbia House voting rights ish the way it does. in many different ways. He is a Mem- legislation. We have gotten a tremendous ber of the Senate who has had the Con- amount of work done this first working gressional Medal of Honor awarded to f period of this Congress. We should be him for his valiant efforts in World proud of what we have done. We have War II. ADJOURNMENT UNTIL MONDAY, passed the most sweeping environ- The chairman of the Finance Com- FEBRUARY 23, 2009, AT 2 P.M. mental bill in more than 25 years. We mittee, Senator BAUCUS, was involved have passed the discrimination bill, the in this from the very beginning and did Mr. REID. So, Mr. President, if there Lilly Ledbetter bill, which is an impor- such a great job. is no further business to come before tant piece of legislation for women all My personal staff has spent longer the Senate, I ask unanimous consent over America. We passed the Children’s hours than I have put in. My chief of that it adjourn under the previous Health Insurance Program, which staff Gary Myrick is very quiet but order. allow millions of American children to such a help to me and the Senate; The PRESIDING OFFICER. Without have health insurance coverage that Randy Devalk, everyone in the Senate objection, the foregoing requests are they would not have ordinarily. And we depends on him. He is a wealth of all agreed to. just passed this bill to help our strug- knowledge, a fountain of legislative in- Thereupon, the Senate, at 11:03 p.m., gling economy. So I think the Amer- formation, and he has just been, really, adjourned until Monday, February 23, ican people should see that we have a remarkably good person. 2009, at 2 p.m.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.083 S13FEPT1 wwoods2 on PRODPC68 with SENATE