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

Vol. 156 WASHINGTON, MONDAY, JULY 12, 2010 No. 102 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, July 13, 2010, at 2 p.m. Senate MONDAY, JULY 12, 2010

The Senate met at 2 p.m. and was The legislative clerk read the fol- Mr. REID. I ask unanimous consent called to order by the Honorable JEFF lowing letter: that the order for the quorum call be MERKLEY, a Senator from the State of U.S. SENATE, rescinded. Oregon. PRESIDENT PRO TEMPORE, The ACTING PRESIDENT pro tem- Washington, DC, July 12, 2010. pore. Without objection, it is so or- PRAYER To the Senate: dered. The Chaplain, Dr. Barry C. Black, of- Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby f fered the following prayer: appoint the Honorable JEFF MERKLEY, a Sen- MEASURE PLACED ON THE Let us pray. ator from the State of Oregon, to perform CALENDAR—H.R. 5552 Lord of life, we magnify Your Name the duties of the Chair. this day, for Your mercies are new DANIEL K. INOUYE, Mr. REID. Mr. President, H.R. 5552 is every morning. President pro tempore. at the desk and due for a second read- Take our Senators by the hand and Mr. MERKLEY thereupon assumed ing. lead them on the road You desire them the chair as Acting President pro tem- The ACTING PRESIDENT pro tem- to travel. Help them to seek Your guid- pore. pore. The clerk will read the bill for ance as they establish their priorities, the second time. always remembering their account- f The legislative clerk read as follows: ability to You. May this accountability RECOGNITION OF THE MAJORITY A bill (H.R. 5552) to amend the Internal motivate them to never deviate from LEADER Revenue Code of 1986 to require that a pay- the path of integrity but to seek to en- ment of the manufacturers’ excise tax on The ACTING PRESIDENT pro tem- recreational equipment be paid quarterly sure that Your will is done on Earth pore. The majority leader is recog- even as it is done in heaven. Remind and to provide for the assessment by the Sec- nized. retary of the Treasury of certain criminal them that You are with them and will restitution. guide them to a desired destination. f Mr. REID. Mr. President, I object to We pray in Your sovereign Name. SCHEDULE Amen. any further proceedings at this time. Mr. REID. Mr. President, following The ACTING PRESIDENT pro tem- f leader remarks, the Senate will turn to pore. Objection having been heard, the PLEDGE OF ALLEGIANCE a period of morning business. Senators bill will be placed on the calendar. will speak for up to 10 minutes each. The Honorable JEFF MERKLEY led the f Pledge of Allegiance, as follows: This week, the Senate will likely re- sume consideration of the small busi- JOBS AGENDA I pledge allegiance to the Flag of the United States of America, and to the Repub- ness jobs bill, the emergency supple- Mr. REID. Mr. President, I welcome lic for which it stands, one nation under God, mental appropriations bill, the con- back my colleagues and hope they are indivisible, with liberty and justice for all. ference report on Wall Street reform or as eager to get to work as I am. f any other items on the legislative or During the week I spent in Nevada, I executive calendar cleared for this par- saw again how desperate our unem- APPOINTMENT OF ACTING ticular work period. ployment situation has become. As I PRESIDENT PRO TEMPORE I suggest the absence of a quorum. talked to Nevadans, I heard over and The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- over how they need us to help create clerk will please read a communication pore. The clerk will call the roll. conditions to help businesses create to the Senate from the President pro The legislative clerk proceeded to jobs. For example, I met one man in tempore (Mr. INOUYE). call the roll. Reno who is 51 years old. He said he

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

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VerDate Mar 15 2010 01:50 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A12JY6.000 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5722 CONGRESSIONAL RECORD — SENATE July 12, 2010 had never missed a payment on his pain in this recession. Two out of every RECOGNITION OF THE MINORITY home since he had bought it many three jobs we have lost were from small LEADER years ago. He was going to this month business. Our bill, which is fully paid The ACTING PRESIDENT pro tem- because he was unemployed and for, will put people back to work pore. The Republican leader is recog- couldn’t find a job, and he had worked through a number of initiatives. nized. very hard to try to find a job. But now, First, it gives small business tax in- f like 14 percent of Nevadans, he is out of centives to help them hire and grow work and can’t find a new job. There more people. Two, it increases Small RECESS APPOINTMENT OF are just too many people looking for Business Administration loan limits. DONALD BERWICK too few jobs. Now he cannot make his Three, it makes it easier for small Mr. MCCONNELL. Mr. President, or- mortgage payment, as I have indicated. businesses to export goods. And four, it dinarily Senators come to the floor to He is the kind of person we need to creates a small business lending fund talk about the things that happen in keep in mind when we talk about cre- that will give small banks more cap- Washington while we are here. Today I ating jobs. His family is the kind of ital. wish to talk about something that hap- family we need to keep in mind when Another step we will take this month pened last week while we were not we talk about helping the unemployed is the long overdue—it is long overdue; here. I am referring, of course, to the with emergency aid. This man knows and I have talked about it a little bit President’s truly outrageous decision he will not get rich off his unemploy- this morning—extention of emergency to take advantage of Congress’s ab- ment check, but it might help him unemployment insurance for so many sence last week to sneak Donald Ber- keep a roof over his head. who have been out of work for so long. wick in as the new head of Medicare Those unemployment benefits we are It is more than 2 million people. and Medicaid. working to extend—for every job that When millions of Americans lost As is well known, Congress has a con- becomes available, five people line up their jobs, they lost their incomes, stitutional duty to examine Presi- for that job. And for every $1 we spend their homes, their savings, their gas dential nominees such as Dr. Berwick. in unemployment benefits, $1.61 is re- money, their tuition payments, and on But apparently the prospect of giving turned to the economy because that and on and on—all through no fault of the American people an opportunity to money is spiraled into doing a lot of their own. Democrats are not about to hear this nominee defend his past good things because they can pay their turn our backs on out-of-work Ameri- praise for government-run systems rent, make their house payment, buy cans, which is why we are trying to that ration health care was worrisome some clothes. help them keep their heads above enough for the administration that it I repeat what I have said here before: water in this crisis. sought to ignore congressional over- Mark Zandi, who was, during the Presi- The third step is Wall Street reform. sight altogether. dential run, JOHN MCCAIN’s chief eco- It is just as much a jobs bill as the first As it turned out, the administra- nomic adviser, said the most important two I mentioned. We all know greed on tion’s plan backfired because even money we could spend right now is for Wall Street is what triggered the reces- Democrats are outraged at this blatant unemployment benefits. sion, suffocated the job market, and attempt to prevent the American peo- As to my friend in Reno, NV, his robbed millions of their incomes. By ple from hearing this man talk about struggle, his fears—what keeps this cleaning up Wall Street, we are going what he plans to do with Medicare and man up at night—is what we should re- to make sure big bankers can never Medicaid. As usual, the administration member when the other side pretends again gamble away our economy. We wants to blame Republicans for its fail- this is more about politics than it is are going to make sure there is not a ures. But in this case, the administra- about people. next time. tion’s failure to respect the right of the This work period, like every work pe- Helping small businesses, helping the American people to study Dr. Ber- riod, will be about jobs—the work pe- wick’s record is being criticized by just riod here in the Senate—how to create unemployed, and cracking down on Wall Street are three equally impor- about everyone, including the Demo- them, how to save them, and how to cratic chairman of the committee in prevent another crisis such as the one tant approaches to the same problem— and to our No. 1 priority—jobs. But charge of reviewing his nomination. that killed them in the first place. Here is what Chairman BAUCUS said We are going to build on momentum these three also have something else in common: A minority of Senators is shortly after the appointment was we have already seen from the eco- made. Senator BAUCUS said: nomic recovery plan, also known as the standing in the way. Senate confirmation of presidential ap- stimulus. This jobs crisis was not cre- We have tried for months to help peo- ple. Nearly every Democrat has said pointees is an essential process prescribed by ated in a day, and it will not be solved the Constitution that serves as a check on overnight. But in a short time, we have yes, and nearly every Republican has executive power and protects Montanans and come a long way. said no. That opposition is stopping re- all Americans by ensuring that crucial ques- Three million Americans who are covery in its tracks. tions are asked of the nominee, and an- going to work today have the Recovery Every day we keep small businesses swered. Act to thank for their jobs. In Nevada, from creating jobs, or deny the unem- So despite what the administration the Recovery Act created or saved ployed the assistance they need, or let wants people to think, this recess ap- more than 4,000 jobs this spring, and as Wall Street get away with the same pointment had nothing whatsoever to more projects get underway, it will cre- tricks that nearly sank our economy, do with Republicans. The fact is, Re- ate even more jobs this summer. And we are making a difficult situation publicans were looking forward to the don’t forget that the stimulus also cut even worse. We are keeping people off debate. We welcomed the hearing on taxes for families, small businesses, payrolls, keeping businesses from hir- Dr. Berwick, and anyone who looks at students, home buyers, and the unem- ing, and keeping our country from the facts knows any suggestion to the ployed. coming back stronger than ever. contrary is utter nonsense. So the But it is just a step, a first step. Over Simply put, obstruction of these good charge is laughable. the next month, we are going to do ev- bills is costing Americans jobs. The This appointment had everything to erything we can to make a few more other side thinks saying ‘‘no’’ helps do with the administration’s fear of big steps. One of these steps will be to them. But it sure does not help the letting Americans hear Dr. Berwick’s pass the small business jobs bill. It is people we are supposed to represent. well-known views about government- now on the floor. We know the best I hope we will get our priorities run care and about how he plans to im- way to create jobs, innovate, and help straight this work period. It will be a plement the President’s plan to cut $1⁄2 our economy recover is through the productive one if we do. The next time trillion from Medicare while limiting private sector. We know the engine we go back home to talk to our con- the choices seniors now enjoy. that runs the private sector is made up stituents, we will be able to deliver Here is the irony in all of this: In an of small businesses. These businesses better news, and they will be able to attempt to silence debate about Dr. are the ones that have felt the most tell us the same in return. Berwick and its own plans for health

VerDate Mar 15 2010 02:49 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.008 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE July 12, 2010 CONGRESSIONAL RECORD — SENATE S5723 care, this nomination has only re- The Senator from Illinois. I have yet to hear the first Repub- ignited the debate over the Democratic f lican who calls for repeal of health care health care plan. By recess appointing reform go to families with kids in col- HEALTH CARE APPOINTMENT a man who has sung the praises of the lege and tell them: We oppose that pro- government-run British health care Mr. DURBIN. Mr. President, the vision in health care reform which ex- service, the administration is only in- speech which the Senate just heard tends family health insurance coverage viting Americans to ask more ques- from the minority leader on the Repub- for young people until they reach the tions about its own plans. lican side is consistent with the Repub- age of 26. Those of us who have raised I would have thought that anyone lican position on health care reform. college-aged students know that is a would be able to understand the signifi- They opposed it. They voted against it. blessing to have those kids—I call cance of getting answers from an They want it to fail. They do not want them kids—those young people under avowed admirer of rationed care before to give this health care reform a your family health care plan after they putting him in charge of implementing chance. graduate from college until they reach this administration’s $500 billion Medi- It is interesting that although they the age of 26—a period of time when care cut. oppose health care reform, I have yet some of them are off taking a trip of a But by denying the American people to hear the first Republican Senator lifetime after graduation or looking for an opportunity to hear Dr. Berwick de- come to the floor and suggest: Well, a job and do not have health insurance fend his past statements and his future the first thing we need to do is to make coverage. plans, the administration is now forc- sure we eliminate—eliminate—the tax I can recall calling my daughter Jen- ing the Democrats who voted for the credits and deductions for America’s nifer: ‘‘This is Dad. I am so happy you Democratic health care plan to defend small businesses to help pay for health graduated from college. Do you have Dr. Berwick and his views themselves. insurance that were part of the health health insurance?’’ ‘‘Oh, Dad, I feel The administration may have shielded care reform plan. fine. You know, I’m healthy and this nominee temporarily, but it has I have never heard them say that. strong.’’ ‘‘No, Jennifer. You need only exposed Democrats in Congress They opposed the plan. Do they oppose health insurance.’’ who voted for this bill and everything the help we are going to give small The law we passed, the health insur- that follows from it—including this businesses across America to afford ance we passed, is going to give a fam- truly outrageous appointment. health insurance for their employees? ily coverage to protect their kids until This appointment is the latest evi- That is what repeal is all about. the age of 26. Those who want to repeal dence of how little the administration Secondly, I have never heard a Re- it want to undo that provision. But I has concerned itself with the views of publican Senator come to the floor and have yet to hear them say that on the the public. When a majority of Ameri- say: We want to repeal the $250 check floor. cans and an overwhelming majority of which will be sent to thousands of They have a different strategy. Sen- Kentuckians opposed its health care Americans currently under Social Se- ator DEMINT of South Carolina made it plan, they cut deals with Democratic curity, Medicare prescription Part D, clear when the health care reform de- Senators to squeeze it through Con- to help pay for the gap in coverage in bate started that the purpose of the gress. Now they are not even bothering the so-called doughnut hole. That was Republican effort was to defeat health with Congress. They are unilaterally part of the health care reform plan. So care reform. In his words: We want installing people such as Dr. Berwick those who come to the floor asking for health care reform to be Barack to take charge of its plan for $1⁄2 tril- repeal of health care reform obviously Obama’s Waterloo in politics. He was lion in Medicare cuts. want to repeal this check for senior very clear. They wanted the President This has been the administration’s citizens. I have not heard that said one to fail, they wanted health care reform approach all along: Go around the time. to fail, and they still do. Their latest American people, and now go around I have also been waiting for the Re- strategy was to stop the President Congress. The administration can try publicans who want to repeal health from putting in place a person to run to blame Republicans for a debate they care reform to stand before the Senate the program—someone who would try do not want to have. But by denying and say, honestly, openly: We want to to make it work, someone who would Congress the ability to scrutinize this eliminate health care insurance cov- look at the things we have done in Con- nominee, it only raises Americans’ sus- erage for 30 million Americans who will gress and make sure they work in the picions about its health care plan and have it for the first time in their real world. increases the burden on Democrats who lives—30 million uninsured Americans Last week, President Obama made a supported it. who will have health care insurance very sensible move, after waiting pa- Back in March, Speaker PELOSI re- coverage because of health care reform. tiently for the Republicans to give us a marked that we would have to pass the To repeal health care reform is to re- chance to vote on a man to serve and health care bill to find out what is in peal that coverage for 30 million Amer- to oversee Medicare and Medicaid as it. This nomination is part of the same icans. Administrator of CMS. His name is Dr. arrogant approach. The same adminis- I have yet to hear the first Repub- Donald Berwick. tration that forced this bill on an un- lican come to the floor and say they CMS has been without a permanent willing public has now forced Don Ber- want to repeal extending health insur- Administrator since 2006, and it is time wick on to anyone with Medicare and ance coverage and the peace of mind this important position be held and Medicaid. Now Democrats who voted that comes with it. I am waiting for filled for the good of American fami- for this bill will have to answer for his the first Republican who wants to re- lies. This man, Dr. Berwick, is emi- statements and for his views. peal health care reform to stand before nently qualified for this role. He is a Mr. President, I yield the floor. the Senate and say: We want to take Harvard pediatrician and policy expert away the power given in this health who was committed to improving f care reform to individuals so they can health care long before our debate RESERVATION OF LEADER TIME fight health care insurance companies started and who today is one of the The ACTING PRESIDENT pro tem- that turn down coverage for families foremost experts and leaders in health pore. Under the previous order, the because of preexisting conditions. It care quality and patient safety. The leadership time is reserved. happens every day in Illinois, in Or- President appointed him last week f egon, in Arizona, in Kentucky. when we were gone because my col- The bill we passed gives American leagues on the other side of the aisle, MORNING BUSINESS families a fighting chance against the Republicans, had made it clear The ACTING PRESIDENT pro tem- those health insurance companies. they intended to elongate this debate pore. Under the previous order, there Those who are calling for repeal want on his appointment as long as possible, will now be a period of morning busi- to take away the power of families to to rehash argument after argument in- ness, with Senator permitted to speak fight for health insurance coverage stead of just giving us an up-or-down therein for up to 10 minutes each. when they need it the most. vote to let this man serve the Nation

VerDate Mar 15 2010 01:50 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.010 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5724 CONGRESSIONAL RECORD — SENATE July 12, 2010 and serve all of us who want quality I believe most Americans, even those vote called on Dr. Berwick. In fact, health care. who have questions about health care there has never even been a hearing on Rather than work in a bipartisan way reform, believe it deserves a chance. Dr. Berwick. Republicans have not to get things right, to make sure we They believe we ought to give it our stopped his nomination. implement the health care reform that best human efforts to make it work for It is true there hasn’t been a perma- is decades overdue, the Republicans America. They want to see us work to- nent director of the agency that Dr. took a political position and held to it. gether. They don’t want to see these Berwick will now head since 2006. When The President was right to come down filibusters, they don’t want to see Barack Obama became President on on the side of helping American fami- these blockages, and they don’t want January 20, he could have corrected lies deal with health care rather than to see the consistent policy of saying that problem. But I suspect the reason to engage in this never-ending political no to everything. he didn’t nominate anyone to head battle. Don Berwick is a well-respected, ac- CMS during the debate on the health The Republicans delayed Dr. Ber- complished, leading authority in care bill is because if Dr. Berwick was wick’s nomination by bringing up the health care. We are fortunate to have his nominee, the last thing the Presi- same talking points and the same Re- his expertise at the forefront of the dent wanted was a discussion of Dr. publican arguments we have heard agency charged with making many of Berwick’s views on health care. His again today and over and over again. the changes in health care delivery. He views are antithetical to the views of They are entitled to their point of has the respect of Democratic and Re- the majority of the American people, view, but Dr. Berwick is entitled to an publican leaders, including Mark supporting rationing, as he does, and up-or-down vote. The President decided McClellan, the CMS Administrator his love affair with the British single he couldn’t wait any longer and made under President George W. Bush; Gail payer system, as he has described it. this recess appointment. Wilensky, the CMS Administrator This is not something the American By blocking nominees such as Dr. under President George H.W. Bush; people would have countenanced. So Berwick, the Republicans are blocking Nancy Nielsen, immediate past presi- Barack Obama, the President, rather progress on improving health care in dent of the American Medical Associa- than filling the position, decided to America. According to RollCall, a pub- tion; Rich Umbdenstock, president and hold off on nominating a person to lication on Capitol Hill, the coordi- CEO of the American Hospital Associa- head CMS until after the health care nated Republican message is called sec- tion; John Rother, executive vice presi- debate was over. ond opinion. I have seen some of my dent of the AARP; and Ron Pollack, Now, this is bait and switch. This is friends on the Republican side of the executive director of Families USA. not the transparency that Barack aisle come to the floor with large post- The list goes on and on. He deserved a Obama promised when he campaigned ers that say ‘‘Second Opinion.’’ A Re- vote. The President deserves a team to for the job of President. Instead, in my publican Senate aide says the effort is make the law work. The American peo- view, it is hiding the ball: Let’s get intended ‘‘to draw attention to the ple deserve something more from the health care passed, not tell anybody we consequences of the health care law Republicans than the word ‘‘no.’’ That are going to nominate Dr. Berwick to that the White House hopes people is all we have heard in this session. head CMS, and then, after the bill is miss.’’ Now comes an election in just a few passed—in fact, I think about 4 months Well, whose second opinion is this? It months, and the party of no is asking after the bill is passed—nominate Dr. is the same opinion we have heard from for another chance. This is the same Berwick, and then have the gall to say Republicans from the start who con- party whose economic policies drove us Republicans stopped his nomination. sistently voted against health care re- into this economic recession under the We haven’t stopped his nomination. form and refused—refused during the previous President. After driving that There has been nothing for us to stop. course of the debate—to put on the car in the ditch, as the President has There has been no vote. table any proposal which would extend said, they are asking in November for I am on the Finance Committee. The health care coverage to 52 million un- the American people to give them the chairman of the Finance Committee, a insured Americans, help to hold down keys again and let them start it up all Democrat, MAX BAUCUS from Montana, the costs, and give people a fighting over. Well, we have learned a bitter les- was very upset about the fact that the chance against health insurance com- son, and we are not going to repeat it. President appointed Dr. Berwick be- panies. Time and again, they criticized With so many millions of Americans cause he said: I haven’t even had a our efforts and never proposed a viable, out of work, with this economy strug- chance to call a hearing yet. comprehensive alternative. gling to survive, we cannot and should Republicans stopped the nomination? Starting this year, we know children not return to the policies of the past. No, we didn’t stop it. Has there been a will never again be excluded from We cannot accept no for an answer vote on the floor of the Senate? No. health insurance because of a pre- when it comes to moving America for- Has there been an attempt to have a existing condition. That is in health ward. vote? No. So how could we have filibus- care reform. Adults will no longer be I am glad the President made this de- tered a nominee who hasn’t had a hear- dropped just because they get sick. cision to make a recess appointment of ing, when his name hasn’t even been Young adults will be allowed to stay on Dr. Berwick. He deserved a vote on this brought up in committee, and who their parents’ plan, as I said earlier, floor. He deserved a chance to have his hasn’t been sent to the Senate floor for until age 26. These are real changes we day of service to our country. Sadly action? are going to see this year. That is the and unfortunately, the Republican pol- Well, they say: We anticipated you way it should be—health insurance icy of voting no and saying no to the would have objected to him. Yes, that that is there when you need it, not the President has led him to this conclu- is true. Knowing all we know about kind of health insurance where you pay sion and this interim appointment. I him, you are right; a lot of us would premiums for a lifetime and pray to wish Dr. Berwick the best. We should have objected to him. So bring him up God you don’t go to the hospital and now try to work with him to make this for a vote, and let’s have the vote, up get a diagnosis that says you are head- policy even better, to make sure more or down. If he has the votes to pass, he ed in for a surgery or a long-term ill- Americans have the peace of mind of passes. If he doesn’t, then perhaps the ness and you are not going to have having affordable health insurance American people’s will has been ex- health insurance coverage. That is the when their family needs it the most. pressed. reality for too many American fami- Mr. President, I yield the floor. I wish to remind my colleagues that lies. The ACTING PRESIDENT pro tem- the ranking Republican on the Senate The Republicans have never offered pore. The Senator from Arizona. Finance Committee, CHUCK GRASSLEY, an alternative. They have voted Mr. KYL. Thank you, Mr. President. requested a hearing for Dr. Berwick. He against this consistently, and now they Now let me set the record straight. requested that it take place the week want to stop President Obama in every Republicans have never said no to Dr. of June 21. Why? That was before the effort to try to make this work for Berwick. We have never blocked a vote hearings for the Supreme Court nomi- America. on Dr. Berwick. There has never been a nee, Elena Kagan. The reason Senator

VerDate Mar 15 2010 01:50 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.017 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE July 12, 2010 CONGRESSIONAL RECORD — SENATE S5725 GRASSLEY did that was because he The law will redistribute Medicare Again, Dr. Berwick will head the wanted to make sure for the several of payments to physicians based on how agency in charge of implementing us—there are three Republicans and I much they spend treating seniors. much of the new health care law. He know at least one Democrat who serve That is a way they can adjust the will have the responsibility to deter- on both the Judiciary Committee and payments and, therefore, determine mine what your health care coverage the Finance Committee. He wanted to care. entails. He is the person whom the make sure we would have an oppor- Third, it will rely on recommenda- President appointed to reduce the gov- tunity to attend both hearings because tions from the U.S. Preventive Services ernment’s health care costs. I can we knew the time the Elena Kagan Task Force—that is the entity that guarantee you how that reduction will hearings were going to be held in the last year recommended against mam- occur: it will occur when they decide Judiciary Committee. He specifically mograms for women under the age of that standardization requires that the requested that Senator BAUCUS sched- 50—in order to set preventive health government only approve the following ule the hearing for Dr. Berwick the care benefits, which is another form of kinds of treatment or drugs or services, week of June 21. He would have been rationing. and too bad if you expected something happy to be there. I would have been Finally, it will authorize the Federal greater than that. happy to be there. Government to use comparative effec- Given Dr. Berwick’s philosophy, pub- For anybody to suggest that Repub- tiveness research, or CER, when mak- lic comments, and writings about ra- licans are to blame for the fact that ing Medicare determinations. Repub- tioning, I think we have a pretty clear Dr. Berwick’s nomination didn’t come licans tried to get on a simple amend- picture of where he will look to achieve to a vote or wasn’t brought to the Sen- ment to that to say: OK, you can com- those savings. ate floor is sheer fantasy. We have not pare effectiveness research but not to In 1996, he wrote a book entitled held up the nomination. We have not deny coverage based on cost. Our at- ‘‘New Rules.’’ He and his coauthor rec- prevented a vote. We have not blocked tempts to get that amendment passed ommended ‘‘protocols, guidelines, and the vote. Yes, we have been critical of were defeated. Why? Because they algorithms for care,’’ with the ‘‘com- Dr. Berwick. Since when is that a wanted to leave the flexibility in the mon underlying notion that someone crime? Since when is that the party of law for the head of CMS, now Dr. Ber- knows or can discover the best way to no? wick, to ration care. carry out a task to reach a decision, Let me mention a few of the reasons What is done in Great Britain is what and that improvement can come from we are critical of Dr. Berwick and why he says is good policy. He said: standardizing processes and behaviors the American people are going to rue It’s not a formula for comfort; it’s a for- to conform to this ideal model.’’ the day that the President, while we mula for constructive discomfort. This is extraordinarily distressing were gone from Washington over the He described in several other ways when we are learning every day of in- July 4 recess, recess-appointed Dr. Ber- the fact that this would be something novative ways physicians and sci- wick. He didn’t go through the regular people would not like but they would entists have come up with to treat dis- Senate process. He made a recess ap- get used to it and have to abide by it. eases and chronic conditions and ill- pointment before Senators had an op- He said: nesses—with new kinds of drugs, with portunity to have a hearing or to have The decision is not whether or not we will other kinds of treatment, avoiding sur- a vote. ration care; the decision is whether we will gery in many cases, and now, impor- Well, I think I know some of the rea- ration with our eyes open. tantly, using genomic research. The sons. First of all, his radical views on Indeed, at least his eyes will be TGEN Institute in Phoenix, AZ, for ex- health care policy. I am not going to open—the people who make the deci- ample, is pioneering work involving quote all of the things he has said, but sions on whether we can get health the human genome so that ultimately he did describe his love of the British care for our families and what it is. He we can determine what is best for each single payer system in very poetic will know what is happening, but will individual person in terms of a treat- terms. He said he was in love with it. we know until it is too late? We didn’t ment. You may have breast cancer, for He has described it in the most glowing even have a chance to ask Dr. Berwick example, but physicians know all terms. He said his preference is for ab- questions about this because he never breast cancers are not the same and solute caps on health care expenditures was given a hearing. We weren’t given they are not all treated the same way. in the United States. He says competi- that opportunity. Instead, the Presi- One woman can be treated with a par- tion is one of the biggest problems in dent waits until we are out of town ticular form of radiation or chemo- American health care. He says he be- over the Fourth of July recess and re- therapy or surgery, and yet for another lieves in one-size-fits-all care. That is a cess-appoints the individual so that he direct quotation. Everything I have doesn’t have to have a hearing or a person who seemingly has the same said here are quotations from different Senate vote. cancer, that treatment doesn’t seem to things he has written, all the way from Here is another comment from Dr. work. Through human genome re- 1992 through 2008. Berwick: search, they basically map out each We wanted to hear more about some I would place a commitment to excel- person’s gene history, family history, of these views, especially since the lence—standardization to the best-known and gene makeup in such a way as to CMS, or Center for Medicare and Med- method—above clinician autonomy as a rule know whether various kinds of treat- icaid Services of the Department of for care. ment will be accepted or tolerated or Health Care that he will head up, is in That means the doctor gets to decide successfully completed for each pa- charge of administering the health care what happens to the patient, along tient. They can tailor the treatments law we passed, a law that does—let me with the patient, as opposed to stand- or the drugs for each particular pa- just mention four specific things it ardization of the best known method, tient. does, with a budget, as I said, larger with a bunch of bureaucrats figuring If you have standardization of proc- than the Pentagon budget. I think he out in a cookie-cutter way what kind esses and behaviors to conform to this has something like $803 billion in bene- of treatment is less costly and there- ‘‘ideal model,’’ to quote Dr. Berwick, fits this fiscal year that he has the op- fore best for people who receive govern- you are going to get away from the portunity to dole out. So there is a ment-paid health care. True, this is the kinds of treatments that could really great deal of power. way it is done in some other countries be breathtakingly innovative for the First of all, we know the bill estab- that he thinks are great in terms of future and could save many lives and lishes a Medicare commission which is their health care system. That is not improve our quality of life for as long given the responsibility of finding the way it ought to be in the United as we live. This is the future. The fu- sources of excess cost growth, meaning States. By this individual now receiv- ture isn’t cookie-cutter medicine tests and treatments that are too ex- ing this nomination and this appoint- where the doctor has to do exactly pensive or whose coverage would mean ment, he now will be the person who what some group of bureaucrats says too much government spending on sen- helps to determine that standardiza- because they performed a test some- iors. There is an opportunity for ra- tion rather than the clinician auton- place and that was the most efficient tioning. omy we have today. way to treat the particular patient.

VerDate Mar 15 2010 01:50 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.018 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5726 CONGRESSIONAL RECORD — SENATE July 12, 2010 Another couple of things. tion. But to blame Republicans for hav- simply waste—waste resulting from an Dr. Berwick expressed his dis- ing to do it in this nontransparent way irrational, disorganized status quo that approval for costly cutting-edge med- is wrong, and I think Republicans are too often encourages the wrong choices ical technologies and has said preven- going to continue to demonstrate to by patients, payers, and by providers of tion services such as ‘‘annual the American people why this is a health care services. That status quo physicals, screening tests, and other nominee who should have been aired has to change. measures’’ are ‘‘over-demanded.’’ One out in public rather than appointed As you consider our health care sys- of the things we did in the health care during the July 4 recess. tem, set aside for a moment the prob- legislation was provide a lot of dif- The ACTING PRESIDENT pro tem- lem of duplicative tests, the problem of ferent incentives for preventive care, pore. The Senator from Rhode Island is lost medical records, the problem of for screening, to try to help people recognized. unnecessary treatments, and the prob- avoid illnesses on the theory that it Mr. WHITEHOUSE. Mr. President, I lem of uncoordinated care for patients would be a lot cheaper if we didn’t do rise to discuss the appointment by working between multiple doctors. Set a lot of treatment that was unneces- President Obama of Dr. Donald Ber- aside all those problems and look just sary. If you could identify in advance wick as Administrator of the Center at the administrative overhead of our that an individual had a need for some for Medicare and Medicaid Services. private insurance market. treatment, maybe you could catch the I disagree, respectfully, with my dis- By way of reference, administrative disease, say, the cancer, early and not tinguished colleague from Arizona. I costs for Medicare run about 3 to 5 per- have the expensive treatment, the end- guess I agree that it is regrettable that cent. Overhead for private insurers is of-life kind of care that is frequently this was a recess appointment, but I an astounding 20 to 27 percent. A Com- very expensive. believe that on the part of the Presi- monwealth Fund report indicates that Let me close with a couple of things. dent it was both prudent and necessary the private insurer administrative The Wall Street Journal editorialized to make this a recess appointment, costs more than doubled from just 2000 about Dr. Berwick’s vision, saying this: given, A, the urgency of moving for- to 2006. In those 6 years, the overhead, Such a command-and-control vision is ward with health care reform and, B, the administrative costs of the private widespread among America’s technocratic the relentless blockade the Repub- insurance industry, more than doubled, medical left, but it is also increasingly licans have maintained. up 109 percent. The McKinsey Global anachronistic amid today’s breakneck med- Dr. Berwick is perhaps the most Institute estimates that Americans ical progress. There isn’t a single ‘‘ideal qualified person in the country to wield model’’ in a world of treatments tailored to spend roughly $128 billion annually just the genetic patterns of specific cancers, or the vast apparatus of the Federal on what the report called ‘‘excess ad- for the artificial pancreas for individual dia- health care bureaucracy toward the ministrative overhead.’’ There is $128 betics, or other innovations that are increas- comprehensive change we need, to billion that we pay for every year in ingly common. This is nonetheless where Dr. lower the cost of health care, while im- excess administrative overhead—not Berwick . . . will look for his ‘‘savings.’’ proving the quality of health care. health care but administrative over- As CMS Administrator, Dr. Berwick In evaluating this urgency, I ask my head—in our health care system in the will not only oversee billions in Fed- colleague to consider the situation we private health insurance market. eral spending but will be responsible are in right now. We are in the midst of On top of that, you have the duplica- for programs that cover millions of an accelerating and unsustainable rise tive tests, lost medical records, unnec- lives. It is perplexing, to say the least, in health care expenditures in America. essary treatment, and the uncoordi- that such an important position would In 1955—the year I was born—we spent nated care for patients with multiple bypass Senate consideration, without a little bit over $12 billion a year on and chronic conditions. I won’t dwell even so much as holding a hearing. health care. That was the annual on those particular topics because I Moreover, this appointment is just health care expenditure in the United have spoken about them so often on the latest self-contradiction of an ad- States in 1955—$12 billion. Last year, the Senate floor in the past. My point ministration that claimed it would be we spent more than $2.5 trillion. The is that because of all this waste in the the most transparent in history. We increase over the previous year was system, the President’s Council of Eco- now have another example of the lack $134 billion—from 2008 to 2009, an in- nomic Advisers concludes that it of transparency—the President recess- crease of $134 billion, which is the larg- should be possible to cut total health appointing someone, I believe, in order est year-to-year increase in history, by expenditures about 30 percent. Let me to avoid having a hearing and to avoid the way, and 200 times what we spent repeat that quote. having a debate that would inform the in 1955—200 times. Anybody who is It should be possible to cut total health ex- American people of the kind of person looking at this can see both the trend penditures about 30 percent without wors- the President was putting into this and the increasing acceleration of this ening outcomes . . . which would suggest enormously important position. curve. It is accelerating, it is that savings on the order of 5 percent of GDP Mr. President, I express the same unsustainable, and it adds up to, at could be feasible. concern Leader MCCONNELL expressed. this point, a stunning 17.3 percent of Five percent of GDP is over $700 bil- We regret that the President has seen our national domestic product, our lion a year, and other experts agree. fit to do this. I understand he can ap- GDP, spent on health care every year. The New England Healthcare Institute point anybody he wants, but what I No other nation even comes close to reports as much as $850 billion a year really resent is turning around and spending that much of its annual do- in excess cost ‘‘can be eliminated with- having a spokesman for the President mestic product on health care. out reducing the quality of care.’’ say that somehow or other the fact In my home State of Rhode Island, Former Bush administration Treasury that he didn’t have a hearing or the had we done nothing on health care, by Secretary O’Neill has written that the fact that he never was voted on is 2016 a family of four would have faced excess cost is $1 trillion a year in our somehow the Republicans’ fault. We more than $26,000 in premiums for fam- health care system. The Lewin Group, had nothing to do with the fact that he ily health insurance—$26,000 per year which is often cited in this Chamber on didn’t have a hearing. We asked for a in 2016 average costs. Last year, pre- both sides of the aisle as a respectable hearing. We had nothing to do with the miums for Medicare Advantage plans organization that does authoritative fact that he never had a vote. We never jumped an average of 14.2 percent na- work in this area, finds that we burn objected to any vote. There has never tionally—just in 1 year. So there is a over $1 trillion a year through excess been a question of having a vote. No- clearly unmistakable case that our cost and waste. body ever said, in the Finance Com- health care costs are out of control and So is it $700 billion a year in excess mittee or on the Senate floor, let’s we have to do something about it. cost and waste, is it $850 billion a year, vote on Dr. Berwick. We had nothing to The escalation, as I pointed out, is is it $1 trillion or over a year in excess object to. The President can make the unsustainable and accelerating, but it cost and waste? Whatever it is, it is a appointment if he wants to. We can is not inevitable. Indeed, experts from big number, and we needed to do some- still debate his qualifications even across the ideological spectrum agree thing about it. This Congress rose to though he will now serve in this posi- that a great deal of health care cost is the challenge in the health care reform

VerDate Mar 15 2010 01:50 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.019 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE July 12, 2010 CONGRESSIONAL RECORD — SENATE S5727 bill and passed what health economist Bush, said Dr. Berwick ‘‘has long- home for people who are high users of David Cutler has called ‘‘the most sig- standing recognition for expertise and the health care system is another ex- nificant action on medical spending for not being a partisan individual, so I ample. ever proposed in the United States.’’ think that will assist him in his deal- My Republican colleagues, who so This isn’t just a partisan view. Ana- ings with Congress, both with the ma- loudly championed cost control, now lysts of all stripes agree the reform law jority and hopefully the minority, as claim this reducing cost by improving does more than any previous measure well.’’ quality is rationing—rationing. Well, to begin to lift the dead weight of all Tom Scully, George W. Bush’s CMS here is my question: Whose side are this wasteful health care cost off our chief said: they on? One trillion dollars a year in economy. The Commonwealth Fund You’re not going to do any better than Don waste, and they are lining up to defend has projected that the law will reduce Berwick. the waste and call efforts to restrain it the annual growth of national health And Steven D. Findlay, health policy rationing? Protecting you and your expenditures—that is the amount that analyst at Consumers Union, has ap- family from expensive and dangerous private and public sectors would other- plauded what he calls ‘‘a spectacular hospital-acquired infections, that is ra- wise spend on health care every year— appointment.’’ tioning? Organizing complex care of by 0.6 percentage points annually and Don has been an intellectual force in people who have multiple diagnoses nearly $600 billion over the next 10 health care for decades. He helped forge and chronic conditions into coordi- years. The Council of Economic Advis- many ideas incorporated in the new health nated medical homes, rationing? Whose ers writes that ‘‘total slowing of pri- care law. side are they on when they attack the vate-sector cost growth’’ will be ap- So given this chorus of praise from reforms, the quality improvement, proximately 1 percentage point per across the ideological spectrum and the cost-reducing reforms that are Dr. Ber- year—more than $1 trillion over the urgency of the task at hand to control wick’s signature expertise? next 10 years. That is just what they those costs, one might think that bi- One Senator even stood in this Cham- can prognosticate, what they can an- partisan support for Dr. Berwick’s ber and said Dr. Berwick endorsed an ticipate, what they can project. nomination would be strong and swift. end-of-life pathway to death. Oh boy, Here is something that is interesting. Well, you heard the Senator from Ar- looks like the death panels are back. Nobel laureate Paul Krugman writes: izona. Unfortunately, my Republican Dr. Berwick is not just a pioneer in There are many cost-saving efforts in the colleagues, regrettably, threaten the health care quality improvement, he is proposed reform, but nobody knows how well familiar old Washington playbook of the pioneer. He was a lead author of any one of these efforts will work. And as a delay and obstruction. the Institute of Medicine’s watershed result, official estimates don’t give the plan I have spoken many times about how report, ‘‘To Err Is Human,’’ and the fol- much credit for any of them. Realistically, the Republican minority has delayed low-on report, ‘‘Crossing the Quality health reform is likely to do much better at controlling costs than any of the official pro- without substantive justification far Chasm.’’ ‘‘To Err Is Human’’ launched jections suggest. too many of the President’s executive the quality movement in this country. Health reform is likely to do much branch nominees, jamming up the ad- That report exposed the breathtaking better at controlling costs than any of ministration’s ability to administer fact that 100,000 Americans die need- the official projections suggest. the government; usually not because lessly in this country every year from He is not alone. Other respected they have any objection to the nomi- medical errors—100,000 Americans dead health economists—Len Nichols of nee but just to jam up the administra- every year in this country because of George Mason, Ken Thorpe of Emory, tion’s ability to administer the govern- needless medical errors. Is getting rid and Alan Garber of Stanford, described ment. of the errors that killed those 100,000 the bill’s cost controls as vital, a sig- On our Executive Calendar right here Americans rationing? Don Berwick has nificant improvement on the status we have the names of everybody who is devoted his life to saving those lives. quo. And MIT Professor Jonathan waiting on the Senate floor lan- Whose side are my colleagues on when Gruber, one of our leading health guishing, waiting for a vote. That they oppose Dr. Berwick? economists, said of the bill’s cost con- doesn’t even count all the names that The connection between quality im- trol measures: are stuck in committees. These are the provement and cost savings which Don I can’t think of a thing to try that they people on the Senate floor waiting for Berwick has spent his career exploring didn’t try. They really make the best effort a vote. Some have been on for months. is demonstrated by global maternal anyone has ever made. Everything is in here. Some of them have cleared committee mortality figures. Maternal mortality You couldn’t have done better than they are unanimously with full Republican sup- is a cold and statistical way of saying doing. port in the committee. Yet they are moms who die in childbirth. We in the So that frames the picture for the ap- jammed up here. That is the quagmire United States are 39th in the world. pointment of Dr. Berwick because the into which they were going to stick Dr. Thirty-eight countries, including most President’s signature of our health Berwick, notwithstanding the urgency of Europe, do a better job of keeping care law was just the beginning of the of the need. moms alive through childbirth. We reform project that lies ahead. This Since his nomination was first an- would be willing to spend money to get law gives those unprecedented tools to nounced, the Republicans made clear better at that, I would bet. But the fight health care waste and ineffi- they would subject Dr. Berwick to this strange thing is the many medical er- ciency, but those tools are meaning- treatment. There is no doubt about rors and the process failures that cause less, they are useless unless they are that. It was confirmed just now by the those deaths—and that cause us to be applied both vigorously and wisely. Senator from Arizona. A recess ap- 39th in the world at maternal mor- Don Berwick is simply, hands down, pointment was the only way for the tality—also cause a lot of other com- the best person to do that. He has vast President to ensure that CMS is fully plications which cost lots of money to experience, proven expertise, and he equipped to handle the vital and volu- treat and recover from. So if you make has earned the respect of colleagues in minous and immediate tasks that we those quality improvements, you save the public and private sectors and on have asked CMS to perform. money. That is the win-win connection all sides of the ideological spectrum. So why do my colleagues on the between cost saving and quality re- For instance, Dr. Nancy Nielsen, im- other side of the aisle clamor in opposi- form. mediate past president of the American tion to Dr. Berwick, the foremost ex- That is the area where Don Berwick Medical Association, said Dr. Berwick pert in the field of reducing cost by im- specializes and has specialized for is ‘‘widely known and well-respected proving quality of care? There are in- years—improving care, eliminating for his visionary leadership efforts that numerable ways to reduce health care process failures, and saving cost. But focus on optimizing the quality and costs by improving quality. Reducing my Republican colleagues are standing safety of patient care in hospitals and and eliminating hospital-acquired in- against him and want to talk about ra- across health care settings.’’ fections is a perfect example. The tioning. When it improves care, when it Gail Wilensky, the Administrator of North Carolina Medicaid effort to pro- lowers maternal mortality, that is the CMS under President George H.W. vide coordinated care of a medical kind of reform I think we could use. If

VerDate Mar 15 2010 01:50 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.021 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5728 CONGRESSIONAL RECORD — SENATE July 12, 2010 you are against that, and if you are Rotary clubs, and repeatedly the issue personally. Seniors know if you take against Dr. Berwick, whose side are came up of this appointment of Dr. $500 billion away from their Medicare, you on? Berwick to head Medicare and Med- not to help seniors, not to help Medi- Dr. Berwick founded the Institute for icaid. care, but to start a whole new govern- Healthcare Improvement, one of the My colleague who just left the floor ment program—they are very inter- first organizations to promote system- talked about the playbook of delay and ested how that is going to work be- atic and sustainable health care qual- obstruction. I will tell you that this re- cause that affects each and every one ity improvement. He has worked on cess appointment and the overall ap- of them personally. quality initiatives as a board member pointment of Donald Berwick is abso- I heard my colleague from Rhode Is- of the American Hospital Association, lutely a page out of the playbook of the land talk about coordinated care. I am as chair of the Advisory Council for the U.S. President of delay and obstruc- with him. We need to coordinate care. Agency for Healthcare Research and tion. That is why I was surprised to see Quality, and as a member of President Last year I came to this floor and Members of the Democratic side of this Clinton’s Advisory Commission on Con- said we should have somebody in Senate vote to kill the program of sumer Protection and Quality. That is charge of Medicare and Medicaid. When Medicare Advantage for 10 million his work. this body is talking about cutting $500 Americans. These are individuals who That is probably why Tom Scully, billion from our seniors on Medicare, signed up for Medicare Advantage be- CMS Administrator under President not to save Medicare but to start a cause there is an advantage. It actually George W. Bush, said: whole new government program, there helps with preventive medicine and it helps with coordinated care. That is You are not going to do any better than ought to be somebody in charge of Don Berwick. Medicare in this country who can an- going away. Yet the President of the United States did not have anybody in So I ask my colleagues: Do we really swer the questions about what are the charge of Medicare or Medicaid to ex- need to raise the phony scarecrows of impacts going to be. But the President plain what would be the impact of get- rationing, of death panels, of socialized of the United States refused to name ting rid of Medicare Advantage on medicine? anyone. those 10 million people who need co- Do we really need to go there against At a time when this body was debat- ordinated care and needed preventive $1 trillion in waste and inefficiency ing how to handle 16 million more medicine. every year? Do you really want reform Americans jammed and crammed into Medicaid, a program where half the When I hear my colleague from efforts to fail against 100,000 American Rhode Island say if you are against Dr. lives lost every year due to avoidable doctors in the country will not see those patients, it is like giving some- Berwick, then whose side are you on, I medical errors? would say I am on the side of the peo- Do you really want reform efforts to body a bus ticket when a bus isn’t com- ing. Those people may have coverage ple of Wyoming, the seniors of this fail against eliminating hospital-ac- country, the people who are seeing $500 but they are not able to get care. There quired infections and providing better billion of Medicare cut from them to should have been somebody in charge coordinated care for patients who have start a whole new government pro- of Medicaid. I came to this floor and multiple doctors and multiple condi- gram. They realize it is not going to said: Mr. President, it is time to make tions? Do you really want the reform help them. That is why at town meet- someone take over the responsibilities, effort to fail? Is this how far we have ings and visits around the State of Wy- to be in charge of Medicare and Med- fallen? oming people believe ultimately they icaid so they can come and explain to There is a huge window where we are going to end up paying more for this Senate and this country what the could work together on a win-win path, their care and are going to have less impacts are going to be of the cuts in where we could improve the quality of care available to them because of this health care for Americans while reduc- Medicare and the cramming of more very unpopular health care law. That is ing its cost by coordinating the care and more people into Medicaid. But the why, week after week, I come to the better, by coordinating electronic President of the United States refused. Senate floor to talk as a practicing The playbook of delay and obstruc- health records better, by avoiding hos- physician, someone who has taken care tion belongs to this administration. pital-acquired infections, by avoiding of patients for 25 years around the The playbook of delay and obstruction unnecessary care, by making sure doc- State of Wyoming, to give a doctor’s is what led us here today, to a situa- tors know what the best evidence is for second opinion, to talk about what I tion where no one was even named to treatment as they have to take on pa- see, as a physician, with this health tients with multiple difficulties and be in charge of Medicare and Medicaid care law that ultimately I believe is symptoms. We could do this together. for the United States until after an ex- going to be bad for patients, bad for This is a win-win, and Dr. Berwick is tremely unpopular and unwise health payers—the people across this country an expert with bipartisan public/pri- care bill was signed by the President of who are going to pay the bill for this— vate—or Republican and Democratic the United States. Then and only then and bad for providers, the nurses and support and recognition of his par- did the President of the United States doctors who take care of the patients. ticular expertise in this area. I urge my decide who he would want to put in Here we now have appointed, without colleagues to treat Dr. Berwick as the charge of Medicare and Medicaid. To a hearing, without a debate, without highly qualified individual he is, not as me, this is an insult to the American this Senate having had a chance to an opportunity for political people, an insult that the American vote, a Director of Medicare and Med- grandstanding—we do enough of that people would never ever have an oppor- icaid who has expressed many opinions around here—not as a way to wish fail- tunity of having open congressional that do fly in the face of and are way ure on America in this vital task that hearings to have explained to them the out of line with the opinions of the lies before us. At long last, my friends positions of this man nominated to American people. So it is not a surprise and colleagues, are we not better than head Medicare and Medicaid for this you see headlines in places such as the that? country. New York Times that say ‘‘Tough Con- Mr. President, I yield the floor. I think the President of the United firmation Battle Looming For Medi- The ACTING PRESIDENT pro tem- States has made a mockery of his care Nominee.’’ That is in the New pore. The Senator from Wyoming. pledge to be accountable as an admin- York Times. f istration, to be transparent as an ad- The Boston Globe, the hometown ministration. That is what I heard at paper where the nominee has been A SECOND OPINION senior centers in Rock Springs, WY, known to practice, ‘‘Dangerous To Mr. BARRASSO. Mr. President, I and in Riverton, WY, at a Kiwanis Your Health,’’ of Dr. Berwick. come to the floor today, having just re- club, people there as well as at a meet- What is this administration trying to turned from spending a wonderful week ing in Powell, WY, at the Rotary club. hide? Why is this administration un- over the Fourth of July in Wyoming, People all across Wyoming and all willing to have hearings? Why is the visiting with people across the Cowboy across the country are very concerned, administration not allowing Dr. Ber- State at senior centers, Kiwanis clubs, saying how is this going to affect me wick to come to Congress to explain to

VerDate Mar 15 2010 01:50 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.022 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE July 12, 2010 CONGRESSIONAL RECORD — SENATE S5729 the American people his opinions and People around the communities. Peo- of Congress are not in Washington but his views? All we know is what we have ple in our home States. He says we are at home, visiting with the folks in read, what we have seen from his want to constrain local people making their districts? speeches, the things he has written. local decisions. And he says to weigh What is this going to mean for my Likely, it is because if those things public welfare against the choices of health care or, as many others say, were heard by the American people this private consumers. For a consumer, what does this mean for my mom or man may absolutely be unconfirmable. what is more important to them than my dad? Those are questions that are If that is what the President wants, their health? not going to be answered because the that is what the President got. Because This is not a one-party-only situa- President of the United States has de- right now I will tell you the President tion. Even MAX BAUCUS, Senate Fi- cided to make a recess appointment at of the United States has his own health nance chairman, issued a statement a time the American people have the care rationing czar. critical of this end-around decision- right to expect and deserve to know You say how can you imagine that making by the President. from a President who has campaigned sort of thing? Let’s look at some of It is interesting how things change. and promised, promised the American these quotes from Dr. Berwick. When Barack Obama was a Member of people, transparency and openness and The decision is not whether or not we will the U.S. Senate, as he was not that accountability, and now the American ration care—the decision is whether we will long ago, the President at the time, people realize they have received none ration with our eyes open. George W. Bush, made a recess appoint- of those things. This is not some long-ago quote. This ment. This is what President, then So, again, as a physician I come to is last year: Senator Obama, had to say of John the Senate floor. I spent all day Friday The decision is not whether or not we will Bolton. He said, ‘‘He’s damaged goods.’’ at a Wyoming Medical Center visiting ration care—the decision is whether we will He said, ‘‘He’ll have less credibility.’’ with people in Casper. Senators around ration with our eyes open. Don Berwick is damaged goods. He the country went home and talked to This is what he says about the Brit- will have less credibility. I am not people, in fact, many back to where ish health care system. He says: talking about that with a couple of they worked. I went back to where I I fell in love with the [national health sys- Senators, I am talking about it from worked at the hospital, visited with tem] . . . to an American observer, the [Na- the standpoint of the American people. doctors and nurses and patients as tional Health Service] is such a seductress. The American people know and under- well. All are concerned, concerned Who talks like that? He said: stand that the President of the United about this health care law that they The [National Health Service] is not just a States is trying to hide something. believe is going to raise the cost of national treasure, it is a global treasure. As That is why there has not been an open their health care, lower the quality; unabashed fans, we urge a dialogue on pos- hearing. The Republicans have been concerned about a health care law that sible forms of stabilization to better provide asking for an open hearing. The Repub- they believe is going to be bad for them NHS with the time, space, and constancy of licans have been asking for a number of as patients, bad for the taxpayer be- purpose to realize its enormous promise. weeks for an open hearing. I have been cause the costs are going to go up; bad I will tell you as a practicing physi- asking that the President name some- for the providers, the nurses and doc- cian that the rates of cancer survival body to this position since last year tors who take care of them; bad for the in the United States are much higher but, no, in the playbook of delay and American people. than in Britain. It is not that our doc- obstruction, the administration has de- That is why so many of them, still tors are better, it is that people get cided not to do that—don’t name any- today, believe this health care bill care sooner—early detection, preven- body until well after the bill is signed should be repealed and replaced with tion, early treatment. Those are the into law and then don’t allow that per- things that put patients in charge, not keys to cancer survivability. So what son to come to the Senate for a con- insurance company bureaucracies, not we know is that it is not that the doc- firmation hearing. Washington, DC bureaucrats; that tors in the United States are better What are they trying to hide from would put patients in charge. That is than those in England, it is that the the American people? That is where we what we need in this country. That is patients in the United States get care are today. We are in a situation where the kind of health care the American where they do not in England. But, the President of the United States has people need. That is what they are ask- then again, Dr. Berwick loves the Brit- made an appointment, a recess ap- ing for. And when my colleague says: If ish health care system. He actually pointment without hearings, without you are against Dr. Berwick, then says: the American people knowing or being whose side are you on? I am on the side I am romantic about the National Health able to ask the questions. What exactly of the people I have taken care of all Service; I love it. are you going to do here, Dr. Berwick, around the State of Wyoming for the That is what we have. We have a re- when you cut $500 billion from our sen- last 25 years. cess appointee who also went on to iors on Medicare? What is that impact I yield the floor and I suggest the ab- have some ideas about wealth in the going to be on their lives when you cut sence of a quorum. United States. He said: money from hospice, when you cut The ACTING PRESIDENT pro tem- Any health care funding plan that is just, money from nursing homes, when you pore. The clerk will call the roll. equitable, civilized and humane must redis- cut from physical therapy, when you The assistant legislative clerk pro- tribute wealth from the richer among us to cut from rehab, when you cut money ceeded to call the roll. the poorer and less fortunate. from hospitals, when you cut money Mr. DURBIN. I ask unanimous con- Here we have a recess appointee who from physicians? We have more and sent that the order for the quorum call will make decisions for hundreds and more people becoming Medicare age be rescinded. hundreds of billions of dollars, that im- every year. Why is the President of the The ACTING PRESIDENT pro tem- pact the lives of the American people, United States unwilling to have that pore. Without objection, it is so or- without ever having a Senate debate, individual come to the Senate and ex- dered. without ever having a Senate hearing, plain to the American people how it is Mr. DURBIN. Mr. President, I ask without us ever having one word of tes- going to work? The people have a right unanimous consent to speak as in timony because the President of the to know. morning business. United States believes that he knows That is why I am not surprised and The ACTING PRESIDENT pro tem- better than the people of this country. was not surprised this past week in pore. Without objection, it is so or- Dr. Berwick coauthored a book. He Wyoming—in Riverton, in Rock dered. talked about one of the primary func- Springs, in Powell, as I traveled around f tions of health regulation is to ‘‘con- the State—to have people coming up to strain decentralized individual deci- me saying: What is going to happen to KAGAN NOMINATION sionmaking.’’ Let me say that again: my Medicare, now that the President Mr. DURBIN. Mr. President, the Sen- ‘‘Constrain decentralized individual de- has made this recess appointment over ate is returning to Washington after cisionmaking.’’ Individuals? Humans? the Fourth of July, when the Members the Fourth of July holiday recess. The

VerDate Mar 15 2010 01:50 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.024 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5730 CONGRESSIONAL RECORD — SENATE July 12, 2010 week before we left town, in the Senate In many of these cases, the five con- man working right next to her, doing Judiciary Committee, we held a hear- servative Justices on the Court have the same job, is being paid more. The ing for President Obama’s Supreme acted not as neutral umpires, as one Supreme Court said: Oh, that was a Court nominee, Elena Kagan. The hear- described himself, but as designated fatal flaw. The technical fact that she ing lasted 4 days. The nominee re- hitters going to bat, unfortunately, for waited more than 6 months to file her sponded to 695 questions. I wish to some of the special interests in Amer- discrimination case meant she was not commend, in particular, the chairman ica. entitled to recover. of that committee, Senator PATRICK Let’s take a couple of examples: The By making that decision, the Su- LEAHY, and the ranking member, Sen- case of Citizens United versus the Fed- preme Court, which was guided by the ator JEFF SESSIONS of Alabama. It was eral Elections Commission, which was principle of avoiding judicial activism a fair and respectful hearing. handed down by the Supreme Court and avoiding doing things on their own Last year President Obama made his- earlier this year. In that case, a con- that violated precedent and congres- tory with his nomination of Sonia servative 5–4 majority of the Court de- sional acts, decided to overturn judi- Sotomayor as the first Hispanic to manded to hear arguments on an issue cial precedents and the express intent serve on the Supreme Court. Elena that was not even raised by the parties of Congress when it passed the Civil Kagan is also an historic nominee. Last in the case. Rights Act of 1991. year she became our Nation’s first fe- They reversed decades of Supreme We also heard at the Kagan hearing male Solicitor General. That, of Court decisions that preceded them. from Jack Gross. He was another vic- course, is the attorney representing They ignored the will of Congress in tim of discrimination who helped put a the United States of America before passing the historic bipartisan McCain- human face on the conservative judi- the highest Court in our land, the Su- Feingold campaign finance law, and cial activism on the current Supreme preme Court. they ruled that corporations and spe- Court. Mr. Gross is not one of these If she is confirmed to serve on the cial interest groups could spend unlim- wild-eyed liberals. He was a claims ad- Supreme Court, it would make the first ited amounts of money to affect elec- juster for an insurance company in time in our Nation’s history that three tions. southern Iowa for over 23 years. I know This decision by the Supreme Court, women have served together on the the company well. A pretty conserv- unfortunately, has the power to drown highest court in the land. That is clear- ative lot runs that company. out the voices of average Americans in ly a mark of social progress in this When he and all of the other super- our elections. Justice Stevens, now re- great Nation. visors at his company over the age of tiring, whose vacancy we are seeking Elena Kagan, of course, will be re- 50 were demoted and replaced with to fill, wrote these powerful words in placing a legal legend, Justice John younger workers, would that raise a the dissent: Paul Stevens. A lifetime in the law and question in your mind if you had been the courage to speak his mind made Essentially, five judges were unhappy with Mr. Gross, that perhaps your age had the limited nature of the case before us, so something to do with it? Like Ms. Justice Stevens a national treasure. So they changed the case to give themselves an what did we learn from this hearing on opportunity to change the law. Ledbetter, Mr. Gross, who had been a Elena Kagan? First, we learned she is a Then there was the case of Lilly loyal employee of this company for highly intelligent, very charming and Ledbetter, who testified at the Kagan over 20 years, won a jury verdict, a jury very funny, at times, individual. hearing about her experience working verdict which said, yes, that company She demonstrated a thorough knowl- as a manager at the Goodyear tire made a decision to discriminate edge of the law, an ability to try and plant in Gadsden, AL. Lilly Ledbetter against Jack Gross because of his age. find common ground on difficult issues, worked there for 19 years but she did He ended up having that jury deci- and, as I mentioned, a very healthy not know during that entire period of sion tossed out of Court at the Su- sense of humor. These are qualities time she was being paid less than her preme Court right across the street. It that served her well as Solicitor Gen- male colleagues who did exactly the is worth noting that very few discrimi- eral of the United States, as the first same job. It was not until she was close nation victims win a jury verdict. Jack woman to serve as Dean of the Harvard to retirement that somebody finally Gross did. Most victims have their Law School, as a law school professor, told her how much the men working cases dismissed or settled long before and as a policy aide to former Presi- alongside of her, doing exactly the it reaches that point. But in the case of dent William Clinton. They are valu- same work, were being paid. So as a re- Jack Gross, the Supreme Court decided able qualities that will serve her well sult of that knowledge, she decided to to invent a new legal standard that on the Supreme Court. bring a case to ask for compensation, stacks the deck against victims of dis- Secondly, we learned that Elena for this clear case of gender discrimi- crimination even more. Kagan has great respect for Congres- nation, where a woman was being paid Here is what Justice Stevens wrote sional action and judicial precedent. In less just because she was a woman. in the dissent to that case: her opening statement she said: The Supreme Court came down with The majority’s inattention to prudential The Supreme Court is a wondrous institu- an amazing decision in the Lilly Court practices is matched by its utter dis- tion. But the time I spent in the other Ledbetter case. Even though she had regard of our precedent and Congress’ intent. branches of government remind me that it won her case before a jury, she went I think Elena Kagan’s hearing dem- must also be a modest one, properly deferen- before the Supreme Court and this fa- onstrates she will be a Justice who, tial to the decisions of the American people miliar five-Justice group of conserv- like the Justice she will replace, John and their elected representatives. ative Justices said she should have Paul Stevens, will give proper def- In response to a question from Sen- filed the case alleging discrimination erence to Congress and respect to deci- ator DIANNE FEINSTEIN of California, in pay within 180 days after the initial sions of the Court. General Kagan said: act of discrimination; in other words, There was a third lesson from the The operating presumption of our legal within 6 months after the first male Kagan hearing. I found this surprising. system is that a judge respects precedent, colleague was paid more than she was It was opening day. Here were Members and I think that that’s an enormously im- paid, she should have filed a case for of the Senate serving on the Judiciary portant principle of the legal system. discrimination. Committee who were stating what they These qualities, a respect for prece- You would think the Supreme Court hoped to see in a Supreme Court Jus- dent and deference to Congress, are es- Justices would at least understand tice. Many of them singled out a man sential for a Supreme Court Justice to that in most American workplaces, a whom I consider to be one of the real have but, unfortunately, they have worker does not know what his co- champions of justice and liberty who been in short supply with our current workers are being paid. It is not pub- served on the Court. Some of my col- Court. In case after case in recent lished, certainly is not published when leagues across the aisle seemed to have years, the Supreme Court has over- it comes to managers’ salaries. It is forgotten in their opening statements turned longstanding precedents and rare that anybody comes to know that. the amazing legacy of Supreme Court thumbed its nose at congressional deci- So Lilly Ledbetter, a victim of dis- Justice Thurgood Marshall, a Justice sions. crimination for years, did not know the for whom Elena Kagan had clerked.

VerDate Mar 15 2010 01:50 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.026 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE July 12, 2010 CONGRESSIONAL RECORD — SENATE S5731 They truly went to a level that was the Supreme Court by President weren’t getting much traction at the close to guilt by association in attack- Reagan in 1987, after Robert Bork’s Kagan hearing with their arguments ing Elena Kagan because she had nomination was defeated. Judge Gins- about Harvard military recruiting, worked for Justice Marshall. burg later withdrew his nomination, they brought out another theme. They One of my Republican colleagues but I think it is safe to say he does not said General Kagan is just too political called Justice Marshall ‘‘the epitome share the judicial philosophy of Justice to be a Supreme Court Justice because of a results-oriented judge’’ and ‘‘not Thurgood Marshall whom he also she spent 4 years working in the Clin- what I would consider to be main- served as a law clerk. ton White House. stream’’ and someone who believed A fourth lesson from the Kagan hear- Considering that Elena Kagan’s legal that ‘‘the Supreme Court exists to ad- ing is, if you don’t have a good case career spans nearly 25 years, this 4- vance the agenda of certain classes of against the nominee on the merits, year argument seems a little bit hollow litigants.’’ then pick an emotional issue and ap- and stretched. In any event, all three Another Republican Senator called peal on that ground. That is how some of President Bush’s Supreme Court Thurgood Marshall a ‘‘judicial activ- of my colleagues on the other side of nominees—John Roberts, Samuel ist.’’ I thought those characterizations the aisle handled the issue of military Alito, and Harriet Miers—had worked were beyond the pale and said so in my recruitment at the Harvard Law in political positions in the White opening statement. Thurgood Marshall School when General Kagan was the House and Justice Department under is an American hero. The airport in law school dean. One of my Republican Republican Presidents. I can’t recall a Baltimore is named after him and colleagues accused General Kagan of single time a Republican Senator said many schools. He dedicated his life to having ‘‘a hostility to the military’’ that President Bush’s nominees were breaking down barriers of racial dis- and alleged she broke the law in briefly too political. crimination that had haunted our denying military access to the career Chief Justice Roberts worked in the country for centuries. Thurgood Mar- services office. These accusations are Reagan White House for 4 years and as shall was the attorney who stood right not correct. Dean Kagan bent over a political appointee in the Justice De- across the street before the Supreme backwards to show respect and appre- partment for 5 years. Justice Alito Court and argued the case of Brown v. ciation for the U.S. military and to spent 9 years working in the Reagan Board of Education. That case, 56 years comply with the 1996 Solomon amend- and George H.W. Bush Justice Depart- ago, did more to change America and ment that required the Defense Depart- ments. Harriet Miers held a series of move us toward equality than any ment to deny Federal funding to uni- positions under President George W. modern decision by the Court. versities that prohibited military re- Bush—for 5 years in the Bush White Thurgood Marshall won more vic- cruitment on campus. Yes, Dean Kagan House and 6 years when the President tories in the Supreme Court than near- was a vocal opponent of the don’t ask- had been Governor of Texas. There was ly anyone else in the history of the don’t tell policy. Most Members of Con- not a single word raised on the Repub- United States. As an appeals court gress and a sizable majority of Ameri- lican side of the aisle about how polit- judge, Thurgood Marshall wrote 112 cans no longer support that discrimina- ical those Republican nominees were. opinions, none of which were over- tory policy. But that does not make Now they are trying to raise an argu- turned by a higher court. Some may Elena Kagan antimilitary. ment against Elena Kagan that they Don’t take my word for it. Listen to dismiss Justice Marshall’s pioneering didn’t see in previous nominees. work on civil rights as an example of the words of Robert Merrill, the only I hope my colleagues will heed the empathy, a word which, unfortunately, Active-Duty servicemember to receive advice of a man they extol when we has been given a negative connotation a law degree from Harvard while Elena discuss judicial nominations: President Kagan was dean. Here is what he wrote by some in this Chamber. They may Bush’s former judicial nominee, Miguel in the Washington Post: suggest that somehow, as a Black man Estrada. Mr. Estrada wrote a letter on who had been a victim of discrimina- If Elena Kagan is ‘‘anti-military,’’ she cer- behalf of Elena Kagan, one of his fellow tion himself, he had more passion when tainly didn’t show it. She treated the vet- erans at Harvard like VIPs, and she was a classmates at Harvard Law School. it came to certain issues. I say to that, fervent advocate of our veterans association. This is what he said: thank goodness. She was decidedly against ‘‘don’t ask, don’t I write in support of Elena Kagan’s con- I don’t consider Brown v. Board of tell,’’ but that never affected her treatment firmation as an Associate Justice of the Su- Education to be results-oriented judg- of those who had served. . . . If anything, preme Court of the United States. . . . Elena ing. I consider it a courageous judg- Kagan was an activist in ensuring that mili- possesses a formidable intellect, an exem- ment that embraced our common hu- tary recruiters had viable access to students plary temperament and a rare ability to dis- manity and moved America dramati- and facilities despite the official ban. A Bos- agree without being disagreeable. She is cally forward. We should be grateful as ton-area recruiter later told me that the big- calm under fire and mature and deliberate in gest hurdle he faced recruiting at Harvard her judgments. . . . Elena Kagan is an impec- a nation for the tenacity, integrity, Law was trying to answer the students’ cably qualified nominee. Like Louis Bran- and values of Thurgood Marshall. strangely intellectual questions. deis, Felix Frankfurter, Robert Jackson, In the words of John Payne, director- During her 6 years as dean at Har- Byron White, Lewis Powell and William general of the NAACP Legal Defense vard, the military had full access to ca- Rehnquist—none of whom arrived at the and Educational Fund: reer services offices except for one se- Court with prior judicial service—she could Thurgood Marshall helped America under- mester after an appellate court struck become one of our great Justices. stand what democracy really means. down the Solomon amendment as un- That was Miguel Estrada, a person Some of Elena Kagan’s critics sug- constitutional. After that court deci- whose virtues have been praised at gest she will have the same views and sion, Dean Kagan decided to reinstate a great length by Republicans in the philosophy as Justice Marshall because system that had been in place nearly a Senate. We also received a joint letter she served as his law clerk. In my per- quarter of a century prior to her be- of support for Elena Kagan from the sonal opinion, we should be so fortu- coming dean and that had been deemed last eight Solicitor Generals of the nate. General Kagan made it clear at to be in compliance with the law. United States, including such conserv- her hearing that she was determined to Under that system, military recruiters ative icons as Kenneth Starr, Ted be her own person, not to assume the were given access to students and the Olson, and Charles Fried. persona of someone for whom she has campus through the Harvard student In our service to the Senate, we are worked in the past. Moreover, it is veterans association. called on to cast hundreds if not thou- wrong to suggest that a Supreme Court During the year of Dean Kagan’s sands of votes. Our late departed col- law clerk is going to have the same deanship, when access to the Office of league, Robert C. Byrd, cast 18,000 views as the Justice for whom he or she Career Services was briefly denied, votes. As I look back on my career of clerked. more graduating students at Harvard service in the House and the Senate, I Exhibit A is Douglas Ginsburg. He joined the military than any year of can remember a few votes. I certainly sits on the D.C. Circuit and is one of the past decade. remember every single vote I cast when the most conservative judges in Amer- When my Republican colleagues on I was asked to decide whether America ica. Judge Ginsburg was nominated to the Judiciary Committee realized they should go to war. Those are the votes

VerDate Mar 15 2010 02:56 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.027 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5732 CONGRESSIONAL RECORD — SENATE July 12, 2010 that keep one up at night wondering Mr. NELSON of Florida. I thank the ecutor, she handled a wide variety of what is the right thing to do for the Chair. cases—from muggings to murders. She Nation; what is the right thing to do (The remarks of Mr. NELSON of Flor- was promoted to be chief of the public for one’s own conscience. We know at ida pertaining to the introduction of S. interest bureau, where she supervised the end of the day when we cast that 3569 are located in today’s RECORD over 75 attorneys and created a special vote, if we go forward people will die. under ‘‘Statements on Introduced Bills unit to protect senior citizens from ex- We hope the enemy will be the victims, and Joint Resolutions.’’) ploitation and abuse. but we know even under the best of cir- Mr. NELSON of Florida. Mr. Presi- As additional evidence of her com- cumstances, innocent Americans will dent, I yield the floor, and I suggest mitment to the legal profession, she also die. Those votes we think over for the absence of a quorum. served on the boards of numerous bar a long time. The PRESIDING OFFICER. The associations and public interest organi- In the Senate, next to votes on war, clerk will call the roll. zations in the great city of Chicago. votes on Supreme Court Justices reach The assistant legislative clerk pro- She has received many awards for her that same level of gravity and impor- ceeded to call the roll. work, including the prestigious C.F. tance. We realize that man or woman Mr. DURBIN. Mr. President, I ask Stradford Award from the Cook County we choose to be on the Court is likely unanimous consent that the order for State Attorney’s Office, the Esther to be there after our Senate careers the quorum call be rescinded. Rothstein Award from the Women’s and after we are long forgotten; that The PRESIDING OFFICER. Without Bar Association of Illinois, and a those nine people sitting across the objection, it is so ordered. ‘‘Women of Excellence’’ award from the street, when five come together, can f Chicago Defender newspaper. Finally, I make decisions that can impact Amer- note that Justice Coleman was one of EXECUTIVE SESSION ica for generations to come. That is the top candidates recommended to me why it is so critically important for us by my bipartisan merit selection com- to take a careful review and to take a NOMINATION OF SHARON JOHNSON mittee I established last year to review deliberate approach when it comes to COLEMAN TO BE UNITED STATES applications for judgeships in the the selection of a Supreme Court Jus- DISTRICT JUDGE northern district. This screening com- tice. mittee is chaired by Abner Mikva, who When the time comes—and I hope it The PRESIDING OFFICER. Under served at the highest levels of govern- comes soon, maybe within the next the previous order, the Senate will pro- ment in all three branches. Also, Sen- week or two—I will be proud to cast a ceed to executive session to consider ator BURRIS has joined me in sup- vote in favor of the nomination of the following nomination, which the porting Justice Coleman. Elena Kagan to the Supreme Court. I clerk will report. I hope we can receive a very strong sincerely hope she receives the bipar- The assistant legislative clerk read vote for her nomination when it is con- tisan support she richly deserves. the nomination of Sharon Johnson sidered by the Senate in a few mo- I suggest the absence of a quorum. Coleman, of Illinois, to be United ments. The State of Illinois will be The PRESIDING OFFICER (Mr. States District Judge for the Northern very fortunate to have Justice Shirley KAUFMAN). The clerk will call the roll. District of Illinois. Coleman to be serving on the Federal The assistant legislative clerk pro- The PRESIDING OFFICER. The dep- bench. ceeded to call the roll. uty leader. Mr. President, I yield the floor. Mr. DURBIN. Mr. President, I ask Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. The Sen- unanimous consent that the order for unanimous consent, under the pending ator from Florida. the quorum call be rescinded. nomination, to speak under the time NASA AUTHORIZATION The PRESIDING OFFICER. Without allocated to Senator LEAHY. Mr. NELSON of Florida. Mr. Presi- objection, it is so ordered. The PRESIDING OFFICER. Without dent, while we are waiting on other objection, it is so ordered. f Senators who wish to speak on this Mr. DURBIN. Mr. President, I am judge, I wish to briefly inform the Sen- UNANIMOUS CONSENT CAL- pleased the Senate is going to vote ate that this coming Thursday, the full ENDAR—EXECUTIVE CALENDAR today on the nomination of Sharon Commerce Committee will consider a Mr. DURBIN. Mr. President, as if in Coleman to be U.S. District Judge for number of bills that it will mark up. executive session, I ask unanimous the Northern District of Illinois. We Among them is the authorization bill consent that at 5 p.m. today, the Sen- currently have at least five vacancies. for NASA. ate proceed to executive session to con- She is an amazing, accomplished jurist We are building consensus in what sider Calendar No. 815, the nomination who will fill one of those vacancies has otherwise been a consensusless po- of Sharon Johnson Coleman to be a with distinction, I am sure. She has de- sition of the future of the manned U.S. district judge for the Northern voted her entire legal career to govern- space program. The President had pro- District of Illinois; that debate on the ment service. posed one thing. He altered that. Dif- nomination extend until 5:30 p.m., with She was elected to be Cook County ferent people have different ideas. Dif- the time equally divided and controlled trial court judge in 1996, a campaign ferent aerospace companies all looking between Senators LEAHY and SESSIONS where I first met her and her great to have a certain part of the manned or their designees; that at 5:30 p.m. the family. She won retention election in space program also have their different Senate proceed to vote on the con- 2002. As a trial judge, she presided over ideas. firmation of the nomination; that upon 600 cases that went to verdict. Out of this mix, we are trying to confirmation, the motion to reconsider In 2008, she received promotion. She bring together Senators to build a con- be considered made and laid upon the was elected to the prestigious Illinois sensus in a bipartisan way; the space table, any statements related to the Appellate Court. She has a reputation program is not only not partisan, it is nomination be printed in the RECORD, for fairness and impartiality and for not even bipartisan. It is nonpartisan— the President be immediately notified having an outstanding judicial tem- to be able to do this in a fairly unani- of the Senate’s action, and the Senate perament. mous way. resume legislative session. Not surprisingly, all members of the I am happy to report to the Senate The PRESIDING OFFICER. Without American Bar Association evaluation that I think we are getting there. I be- objection, it is so ordered. committee gave Justice Coleman the lieve what we will have is the essence Mr. NELSON of Florida. Mr. Presi- highest possible rating of well quali- of the President’s proposal. It will still dent, I ask unanimous consent to speak fied. have the continuation of the Presi- as in morning business. Before tenure on the bench, Justice dent’s proposal for competition among The PRESIDING OFFICER. Without Coleman served for 4 years as an assist- commercial space companies to deliver objection, it is so ordered. ant U.S. attorney in Chicago and for 8 not only cargo to the International The Senator from Florida is recog- years in the Cook County State Attor- Space Station, of which the President nized. ney’s Office. As Cook County pros- recommended, and we will certainly

VerDate Mar 15 2010 02:49 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.028 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE July 12, 2010 CONGRESSIONAL RECORD — SENATE S5733 authorize extending the life of the day and to pass it out of the full Com- But I might say, especially on some- space station to 2020, something on merce Committee. thing like this, where the Senate Re- which we have spent $100 billion. It did We, of course, in respect to the ap- publican leadership would not even not make sense, as was proposed be- propriations process, have been in close consent to a vote on the nomination fore, to cut it out in 2015, something we consultation with our colleagues on until today, this certainly hurts the spent that much money on and are just the Appropriations Committee. How image of the Senate. People cannot un- now completing its construction. These the authorization committee and the derstand why, when we have something commercial companies would, in this Appropriations Committee worked to- on which everybody agrees, why it can- authorization bill, have the direction gether has been a good example of con- not come to a vote. as to how they go about man rating siderable cooperation. We have the Senate Republican lead- their systems in order to have the safe- I wanted to bring that message to the ership refusing to enter into time ty, when you strap human beings on to Senate. I yield the floor. agreements on pending judicial nomi- rockets that defy the laws of gravity, The PRESIDING OFFICER. The Sen- nations that have the support from to take a human being into low-Earth ator from Vermont. both Democrats and Republicans, in- orbit to rendezvous and dock with the Mr. LEAHY. Mr. President, I know— cluding nominations with bipartisan space station and to return safely. I assume we are on the confirmation of support from North Carolina and Ten- That is one thing. Sharon Coleman? nessee and South Carolina and Cali- The PRESIDING OFFICER. The Sen- The next thing on which we are fornia and New York and Delaware and ator is correct. building a consensus is to accelerate Virginia and Utah, Maryland, Min- Mr. LEAHY. First, I am going to the development of a heavy-lift vehi- nesota, and Rhode Island. Every single speak a little bit about the process of cle. The President said no later than Democrat is prepared to vote on these her nomination through the com- 2015. We are going to authorize NASA nominations. They could vote on them mittee. The distinguished Presiding Of- to start in 2011 and to take a lot of the tonight and are prepared to vote now. ficer would know about this because he existing technology and build upon However, they continue to be held up has had probably the best attendance that, make it evolvable with a heavy- by Republicans. lift vehicle that would be in the range of anybody, including the chairman, on of 75 metric tons in order to get space the Senate Judiciary Committee, and So I tell the people of North Carolina assets in the low-Earth orbit to ulti- he has handled a number of these nomi- and Tennessee, South Carolina and mately fulfill the President’s goal as nations. California and New York and Delaware stated in his speech to the Kennedy We are going to proceed today on and Virginia and Utah and Maryland Space Center, which was to go to Mars only 1 of the 22 judicial nominations and Minnesota and Rhode Island, if you by a flexible path. His specific timeline that have been stalled on the Senate are wondering where your judges are, was to rendezvous and land on an aster- floor by Republican obstruction. This they are being held up not by the oid by 2025. We accelerate the develop- is a nominee we considered and voted Democrats but by the Republicans. ment of the heavy-lift vehicle. out of the Judiciary Committee unani- In fact, the Senate is dramatically Because the hardware is there and mously 3 months ago without objec- behind the pace I set for President ready, will be on the pad, we are going tion. Bush’s judicial nominees in 2001 and to authorize an additional flight of the Just so everybody will understand, 2002. In 2002, the second year of the space shuttle. This is the shuttle that even after being nominated to serve on Bush administration, the Democratic they call the ‘‘launch on need.’’ It is a a court, these well-qualified nominees Senate majority’s hard work led to the second space shuttle that is on the pad have to put their lives on hold. We confirmation of 72 Federal circuit and for the remaining two, in case they get have the hearing, they go through the district judges nominated by a Presi- into trouble. It becomes a rescue shut- committee unanimously, but then they dent from the other party. In this sec- tle to get the marooned astronauts, wait and wait on the Senate floor. If ond year of the Obama administration, were that to be the case. the nominee is practicing law they can- we have confirmed just 23 so far—72 for The fact is, they are doing so well not take on new clients. If they are President Bush, 23 for President now, and now that we are going to and with a law firm, they have a hard time Obama. from the space station on these final taking new cases as the law firm needs In the first 2 years of the Bush ad- two missions, the likelihood of any- to avoid any conflict of interest. ministration, we confirmed 100 Federal thing happening is de minimis and, I cannot understand why this ob- circuit and district court judges. So therefore, we are going to authorize struction is happening. I have never far, in the first 2 years of the Obama the flying of that last shuttle, the seen anything like this in my 36 years administration, the Republican leader- launch on need, because we believe in the Senate. No Republican Senator ship has successfully blocked all but 35 there is a minimal risk. If something on the Judiciary Committee voted of President Obama’s Federal circuit did happen on ascent—such as a piece against this nomination. There are an- and district court nominees—100 to 35. of foam coming off and hitting the other dozen judicial nominations on wing and knocking a hole in it, which the Senate’s Executive Calendar that Playing games with the Federal judi- was the cause of the destruction of the were reported by the Judiciary Com- ciary hurts everybody. During the first Space Shuttle Columbia back in 2003— mittee without objection, but they re- 2 years of President Bush’s Presidency, then the astronauts would be able to main stalled by a Republican refusal to I had the opportunity to serve for 17 take safe harbor in the International consent to final Senate action. months of as Chairman of the Senate Space Station, and they would then be I tell people in my home State of Judiciary Committee. I knew we had able to be returned to Earth by other Vermont I am sent here to vote yes or just come from a time where Repub- vehicles, such as the Russian Soyuz, no, not to vote maybe. It seems to me licans had pocket-filibustered 61 of which is a permanent lifeboat that is everybody wants to vote maybe. There President Clinton’s nominees to the ju- attached—two of them—to the Inter- is no good reason each of these pending diciary. I said we ought to try stopping national Space Station. nominations could not be confirmed that, so in those 17 months that I had We will continue in this authoriza- immediately. With so many nomina- the privilege to serve as chairman, I tion bill a robust research and develop- tions, despite ongoing vacancies and convinced the people in my caucus and ment program. We will continue the the need in the Northern District of Il- others and we confirmed 100 of Presi- President’s recommendations for his linois for this judge, 3 months have dent Bush’s nominees. science budget, for his aeronautics passed without any explanation. I mention this because in the first 48 budget of NASA, and all of this will be I predict that when we have the roll- months of President Bush’s Presidency, within the amount of money the Presi- call on this nomination it will be con- actually barely half of that time, 17 dent has proposed. firmed with virtually no opposition, months of that 48 months, there were This NASA authorization bill will be which makes it even more tragic. Also, Democrats in charge. For 31 months of for 3 years. We are expecting that we it hurts the Federal judiciary. It hurts this time there were Republicans in will be able to take this up this Thurs- the credibility of the Federal judiciary. charge. During the 17 months that the

VerDate Mar 15 2010 01:50 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.032 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5734 CONGRESSIONAL RECORD — SENATE July 12, 2010 Democrats were in charge, we con- Judiciary unanimously rated Justice President Obama’s nominee for this firmed 100 of President Bush’s nomi- Coleman ‘‘well qualified.’’ That is the post. She has been supported by all of nees. During the 31 months the Repub- highest possible rating they could give our bar associations. She has won nu- licans were in charge I think they con- her. merous awards and received recogni- firmed around the same number. So we After she is confirmed, and she will tion in her career. She has been a tre- showed our good faith, even though we be, there will be still 21 judicial nomi- mendous member of the bar and of the had seen 61 of the Democratic Presi- nations favorably reported by the Judi- judiciary. dent’s nominees pocket-filibustered. ciary Committee that have been I am asking my colleagues to join me At this date in President Clinton’s stalled from Senate consideration by in supporting her in this confirmation. second year in office the Senate had the Senate Republican leadership. For I agree with my chairman. These confirmed 72 of his Federal circuit and many months I have urged the Repub- judges should be confirmed so we can district court nominees. At this date in lican leader to work with the majority move on with some other important President Bush’s second year in office, leader to schedule immediate votes on business of this body. 57. Of course, we confirmed 100 in all by consensus nominees. Going forward, we Mr. President, I yield the floor. the end of the year. will have many who will be confirmed Mr. LEAHY. Mr. President, I ask for Federal judicial vacancies around the by our committee unanimously. We the yeas and nays on the nomination. country continue to hover around 100. ought to get them to the Senate floor The PRESIDING OFFICER. Is there a Of these, 43 vacancies have been de- and vote on them. The Senate needs to sufficient second? clared by the nonpartisan Administra- be making better progress considering There appears to be a sufficient sec- tive Office of the U.S. Courts to be ju- the many pending judicial nomination ond. dicial emergencies. I cannot remember awaiting final Senate action. Under the previous order, the ques- a time when we have had 43 judicial I see the distinguished Senator from tion is, Will the Senate advise and con- emergencies. Illinois. I assume he wishes to speak, sent to the nomination of Sharon Sharon Coleman has been nominated and I will yield the floor to him. Johnson Coleman, of Illinois, to be to fill one of them, but we have had to The PRESIDING OFFICER. The Sen- United States District Judge for the wait 3 months just to get to a vote on ator from Illinois. her. Ten nominations to fill other judi- Northern District of Illinois? Mr. BURRIS. I thank the Senator The yeas and nays have been ordered. cial emergency vacancies have been re- from Vermont, the chairman. I thank ported out of the Senate Judiciary The clerk will call the roll. him for the wonderful job he has done The assistant legislative clerk called Committee, and they remain stalled in trying to move our judges along. I the Senate. Last year, when Senate Re- the roll. agree with the Senator, the fact we Mr. DURBIN. I announce that the publicans blocked President Obama’s have to go to a vote on this distin- nominees, we confirmed the fewest Senator from Alaska (Mr. BEGICH), the guished nominee; it should be done by judges in 50 years, the fewest judges Senator from New York (Mrs. unanimous consent, and we should not from any President, Republican or GILLIBRAND), the Senator from North have had to take up this time. But if Democratic, in 50 years. Carolina (Mrs. HAGAN), the Senator Speaking of another nominee, I said that is the will of the body, then so be from Wisconsin (Mr. KOHL), the Sen- to President Obama when he asked why it. ator from Louisiana (Ms. LANDRIEU), Mr. President, I rise this evening in they were blocking everything he tried the Senator from Maryland (Ms. MI- to do, I said: If you had nominated strong support of Judge Sharon John- KULSKI), and the Senator from New Moses the Lawgiver, there would be son Coleman, a proud resident of my Hampshire (Mrs. SHAHEEN) are nec- some who would try to block the nomi- home State of Illinois and of course a essarily absent. nation. In fact, I said, at least some- fellow Chicago south-sider. We are very Mr. KYL. The following Senators are body would say: Well, he can’t produce proud of which side she comes from in necessarily absent: the Senator from a birth certificate. Chicago, west side or south side. Few Kansas (Mr. BROWNBACK), the Senator This is playing games with the Fed- appear from the north side. We don’t from Florida (Mr. LEMIEUX), the Sen- eral judiciary. I don’t know what the have a deal with the east side because ator from Alaska (Ms. MURKOWSKI), the benefits are. It certainly does not make that is Lake Michigan. We are proud of Senator from Kansas (Mr. ROBERTS), the Senate look good. When you think that. the Senator from Alabama (Mr. SES- the Senate Republican leadership last She received her law degree from SIONS), and the Senator from Louisiana year allowed only 12 Federal circuit Washington University in St. Louis, (Mr. VITTER). and district court nominees to be con- and she has served as an assistant The PRESIDING OFFICER (Mr. sidered and confirmed, despite the State’s attorney, deputy State’s attor- UDALL of New Mexico). Are there any availability of many more for final ac- ney, and assistant U.S. attorney. She other Senators in the Chamber desiring tion—that is wrong. They have contin- quickly proved she knew her way to vote? ued their obstruction throughout this around the courtroom and could be The result was announced—yeas 86, year. By every measure, this Repub- very successful in the cases she tried. nays 0, as follows: From 1996 to 2008, she served as a cir- lican obstructionism of our Federal ju- [Rollcall Vote No. 205 Ex.] cuit court judge in Cook County. She diciary is a disaster for the Federal YEAS—86 courts and the American people. But displayed a thorough understanding of the law and a fair temperament that Akaka Corker Kerry the good thing is Sharon Coleman is Alexander Cornyn Klobuchar going to be confirmed today. After marked her as a model jurist. Barrasso Crapo Kyl these unnecessary delays, she will be She was assigned to the Child Protec- Baucus DeMint Lautenberg tive Division for 21⁄2 years and was a Bayh Dodd Leahy confirmed, and I congratulate Sharon Bennet Dorgan Levin Coleman and her family on her con- jury trial judge in the law division for Bennett Durbin Lieberman firmation. almost a decade. Bingaman Ensign Lincoln She is currently a justice on the Illi- In 2008, Judge Coleman was elected to Bond Enzi Lugar the Illinois Appellate Court. She has Boxer Feingold McCain nois Appellate Court of Chicago, hav- Brown (MA) Feinstein McCaskill ing served previously as a judge on the served there ever since and is doing a Brown (OH) Franken McConnell Circuit Court of Cook County, IL, as tremendous job in her deliberations. Bunning Graham Menendez Deputy State’s Attorney and Bureau I am proud to support her nomina- Burr Grassley Merkley tion to become a district judge for the Burris Gregg Murray Chief for the Public Interest Bureau of Cantwell Harkin Nelson (NE) the Cook County State’s Attorney’s Of- Northern District of Illinois. We are Cardin Hatch Nelson (FL) fice, as an assistant U.S. attorney in short of judges in that district. The Carper Hutchison Pryor the Northern District of Illinois, and as caseloads are heavy, and we can stand Casey Inhofe Reed Chambliss Inouye Reid an assistant State’s attorney in Cook to have a few more of those nominees Coburn Isakson Risch County. confirmed by this body. Cochran Johanns Rockefeller The American Bar Association’s Judge Coleman is an excellent jurist, Collins Johnson Sanders Standing Committee on the Federal and I place my full confidence in her as Conrad Kaufman Schumer

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It is incredible to me to Brownback LeMieux Shaheen Americans lost their jobs the month think about this many people who are Gillibrand Mikulski Vitter that Barack Obama became President. so unsure whether they are going to Hagan Murkowski Things are better now. We are seeing have any money to feed their kids, to Kohl Roberts job increases. In April, in Ohio, we had pay their mortgage and their utility The nomination was confirmed. the biggest job increase of any State in bills in the weeks ahead because of the The PRESIDING OFFICER. Under the country: 37,000 new jobs. But that 60-vote rule, and this body has not been the previous order, the motion to re- is not close to dealing with the unem- able to extend unemployment benefits consider is considered made and laid ployment brought on by the economic because of a Republican filibuster. upon the table. The President will be policies of deregulating Wall Street, Let me read a letter from Judith of immediately notified of the Senate’s cutting taxes for the rich, and not pay- Franklin County. It is the county action. ing for anything—the war, the tax cuts, where Columbus is located, the State f the bailouts to the drug and insurance capital. companies in the name of privatizing LEGISLATIVE SESSION I am very disappointed that the unemploy- Medicare. ment extension has not passed. I was laid off The PRESIDING OFFICER. The Sen- Never before has Congress cut off after working in my job for 20 years. I have ate will resume legislative session. benefits when unemployment was so a bachelor’s degree and a master’s degree The Senator from Ohio. high. Until recently, it has always been and I have worked for 35 years since I grad- f a bipartisan extension of unemploy- uated. I have never been without a job until ment benefits. Overwhelming numbers now. EXTENSION OF UNEMPLOYMENT of Republicans and Democrats voted to I understand the growing budget deficit, BENEFITS but what are working people supposed to do extend unemployment benefits. I just when we can’t find a job? Mr. BROWN of Ohio. Mr. President, I keep trying to explain to my col- rise to speak about the extension of un- leagues who vote no on the unemploy- These are not people who don’t want employment benefits, something we ment benefits extension that this is to work. Whether they are in Albu- talked about 2 weeks ago before we left not welfare, this is insurance. People querque or Santa Fe or whether they town. It is something we talked about pay into the unemployment insurance are in Truth or Consequences, these are the week before that and the week be- fund and get benefits when they lose people who want to go to work. They fore that. There has been a lot of talk, their jobs. At the same time, nobody are people who have worked their and there has been continued opposi- gets these benefits unless they actively whole lives and are used to showing up tion from Senate Republicans. seek work; unless they are sending out to work. They can’t find jobs. I hear I am incredulous that we have seen resumes, doing interviews, going and this prattle from the other side of the week after week after week—it has visiting businesses, employers, what- aisle that this is some kind of welfare been 41 days since the Congress let un- ever they can do to try to find jobs. Yet scheme. It is not. These people want to employment insurance lapse. It was on the Republicans continue to deny the work. Most people who are filing for June 4, 41 days ago. It is not because a extension for unemployment benefits. unemployment are people who, No. 1, lot of us didn’t want to see it happen. Our workers deserve more than this have worked for years and, No. 2, con- It is because of an obscure—less ob- crass political gamesmanship that an tinue to search for a job; they cannot scure to the public than it was—60-vote overwhelming number of Republican get an unemployment extension unless rule. The Republicans did not just op- Senators are playing. July 1 was one of they do. pose the unemployment benefits exten- the busiest days ever at the Summit The second letter is from Pat from sion—there are a couple of Republicans County Department of Jobs and Fam- the Mahoning Valley, in the Youngs- who voted for it, but of the 41 Repub- ily Services. It was the first of the town area: licans there was overwhelming opposi- month, and because of Republican ob- I am a 25-year veteran of the accounting tion, virtually 90 percent of them—it is structionism—because they voted not industry, but I was recently laid off. not just that they voted no. Let them My employers have paid into the federal just against extending unemployment and state unemployment funds for me for vote no. They actually filibustered. benefits, they voted to filibuster our those 25 years that I worked. They actually blocked us from even even considering these extension of And now for the first time I need to collect voting on the extension of unemploy- benefits—because it was the first of the those benefits until I secure new employ- ment benefits. month and because of Republican ob- ment. It is unfair to the unemployed who structionism, this body failed to extend While Congress plays political games, I face a difficult job market through no unemployment benefits. Staff members have bills to pay and work to find. fault of their own, and it is bad eco- at the Summit County Department of Mr. President, he points out exactly nomics. We know Senator MCCAIN, Jobs and Family Services typically as- this. He works in the accounting indus- Presidential candidate MCCAIN’s eco- sist 300 to 400 clients a day. On July 1 try. He understands it. He understands nomic adviser, among others, pointed twice that number were served by mid- that it is good economics to extend out that money going out for the ex- day, and four times that number were these unemployment benefits to people tension of unemployment benefits ac- seen by the close of business. who lost their jobs, and he understands tually stimulates the economy better So a typical day of 300 or 400, 300-plus fundamentally that for the 25 years he than any other dollars going into the clients at the Summit County Jobs and worked for this accounting firm or for economy. The money that goes to an Family Services turned into 600 before a number of accounting firms—I don’t unemployed teacher or an unemployed midday, and 1,200 by the close of busi- know whether Pat is a man or a steelworker or an unemployed clerk or ness. The staff at the Department of woman, so he or she was paying—Pat’s an unemployed computer programmer Jobs and Family Services in Akron, led employer was paying into this insur- is money that is spent almost imme- by Ms. Pat Divokey and County Execu- ance fund. So it is not welfare, in spite diately because they have bills they tive Russ Pry, is doing everything they of what my Republican colleagues say. have to pay. That money goes right can to help working middle-class Ohio- You know, the other thing that is ab- into the community. We see a multi- ans. But when 90,000 Ohioans across the solutely amazing in what Pat said and plier effect. State are in need of an extension of un- what Judith said about the growing When the humanitarian response is employment benefits—90,000 people—it budget deficit—the Presiding Officer to extend unemployment benefits, and is time for this body to step up. Ninety was in the House of Representatives for the best economic policy response is to thousand is a lot of people. It is almost several years representing a district in extend unemployment benefits, most of hard to imagine. northern New Mexico. He saw year

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There are very few States— Senator Byrd was a giant in the Sen- Americans that were not paid for. They maybe energy States or heavy agricul- ate and a champion for America’s voted for a giveaway to the drug and tural States—that haven’t been af- working families. We will miss his elo- insurance companies—a bailout—in the flicted with unemployment the way quence, his sharp intellect, and his pas- name of Medicare privatization that California, Ohio, Indiana, Michigan, sionate oratory. was not paid for. Again, they voted for New York, Florida, and so many States He was one of our Nation’s foremost these huge government expenditures have. Maybe they don’t understand. historians of the Senate. He literally and charged it to our grandchildren But those Senators from States that wrote the book on the Senate, a four- and said it was OK. But now that it is have high unemployment—and that is volume history. And he was not only the unemployed middle-class, working most of the country—I wish they would an expert on the rules of the Senate, he Americans who are laid off, they think read their letters and hear what people was a fierce defender of its traditions we cannot do this because of the budg- are saying. and its role in our democracy. et deficit. We are going to try again this week. Senator Byrd fought to make sure What are their priorities of the Re- I ask my colleagues to vote to extend every American had a chance to live publican Senators who voted against unemployment benefits. It is morally the American dream because he lived the unemployment extension? They the right thing to do in terms of eco- the American dream. were willing to charge it to our grand- nomic policy. It is the right policy, and He was born in coal country in south- children to fight the war in Iraq, they we should not wait any longer. ern West Virginia, the youngest of five are willing to bail out the drug and in- I yield the floor and suggest the ab- children. His mother died before he was surance companies, and they were will- sence of a quorum. a year old, and he was raised by his ing to charge it to our grandchildren The PRESIDING OFFICER. The aunt and uncle on a farm with no tele- when it came to tax cuts for the rich- clerk will call the roll. phone, electricity or running water. est Americans. When it came to work- Mr. BROWN of Ohio. Mr. President, I He went on to graduate first in his ers losing their jobs, they are not will- ask unanimous consent that the order high school class and married his high ing to move forward and help them. It for the quorum call be rescinded. school sweetheart, Erma, to whom he is amazing. The PRESIDING OFFICER. Without was devoted throughout their 68 years The last letter comes from Jeff from objection, it is so ordered. of marriage until her death in 2006. To Butler County, a conservative county f support his wife and two daughters in north of Cincinnati in southwest Ohio, the early years, he worked as a gas sta- one of the most conservative counties MORNING BUSINESS tion attendant, a grocery store clerk in Ohio. Mr. BROWN of Ohio. Mr. President, I and as a welder in a shipyard during I worked at my job for 36 years till my em- ask unanimous consent that the Sen- World War II. ployer shut down our plant recently. ate proceed to a period of morning A naturally gifted speaker, he was All those years I paid into unemployment. business, with Senators permitted to elected to the West Virginia House of While I’d prefer to have a job and earn a speak therein for up to 10 minutes Delegates in 1946 and to the West Vir- decent wage, I now need unemployment ben- each. ginia Senate in 1950. He won a seat in efits until that happens. Think of the big picture. The people paying The PRESIDING OFFICER. Without Congress in 1952 and his U.S. Senate into the system should be the first to receive objection, it is so ordered. seat 6 years later. He had such a pas- benefits. f sion for education that he remains the only American ever to earn a law de- Jeff is right. He understands that he REMEMBERING SENATOR ROBERT gree while serving in Congress. Presi- paid into unemployment for 36 years, C. BYRD and now Republican Senators won’t let dent John F. Kennedy presented it to him draw from that fund. I just don’t Mrs. BOXER. Mr. President, on Mon- him at American University in 1963. get it when I think of what this does to day evening I came to the floor and His career in Congress spanned 12 people. spoke from the heart about my friend presidents, and he cast more 18,500 I guess I will close with this: I wish Senator Robert Byrd. I wanted to take votes in the Senate. He was Senate ma- the Senators who voted no—and there the opportunity to submit a more com- jority leader, chairman of the Appro- are 41—on the extension of unemploy- prehensive statement about Senator priations Committee and President pro ment—we have had several votes and Byrd and his legacy. tempore of the Senate. He fought every continue to fall 1 or 2 votes short—I As I looked at his empty desk with day to make life better for the people wish they would sit down with a family flowers on it, I thought back to last of West Virginia and for all Americans. and listen to them, not respond but lis- summer when we lost another giant, I can tell you, Mr. President, coming ten to a family where workers lost Senator Ted Kennedy. And what distin- from the largest State in the Union, we their jobs; listen to the woman talking guishes Senator Byrd, like Senator have had our share of problems. We about losing health care, when she Kennedy, from others was his unbeliev- have had floods and fires and droughts talks about telling her children that able, never-ending commitment to the and pests. And every single time, after they are going to have their home fore- people he represented and to this coun- every earthquake or storm or other closed on and what are they going to try. disaster, Senator FEINSTEIN and I came do; explain to their children—they It was never a question of Senator to our colleagues to say that California have teenage children, say—explain to Byrd’s length of service—though his needed the help of the U.S. govern- them that Mom and Dad lost their jobs was exceptional but rather his fierce ment. and their insurance, and now they have sense of fighting for West Virginians. Every time we needed assistance, to move out of their house because As he told the New York Times in 2005, Senator Byrd, as the chairman of the they cannot afford it. ‘‘I’m proud I gave hope to my people.’’ Appropriations Committee, opened his The children may ask: Where are we Senator Byrd was, of course, the Na- doors and his heart to us, sharing his going to move? tion’s longest-serving Senator. And he experiences and helping us in all of They would say: We don’t know that was a legend, for sure. When I came to these cases when we were so in need. I yet. here, I learned firsthand that he always am sure many of my colleagues can re- What school are we going to go to? met with the incoming Senators, to count similar experiences. He was al- We don’t know that yet. give them an introduction to the rules ways there for us. That is why I come to the floor and of the road, the procedures and dignity And I remember so well his leader- read letters from people in Ohio. I wish of the Senate, and to share his rev- ship in trying to bring the troops home

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He postponed his Thanksgiving ing up his office here in the Capitol, to use the tactic to destroy a number plans with family to be with our troops Senator Byrd organized us, saying, of German gun installations along the in the Middle East. ‘‘We need to talk about ways that we Western front. Throughout these travels I got to can bring this war to an end.’’ But this would not be Bellmard’s know Colonel Skuta very well. Colonel He cared so much about everything only contribution to the war effort, nor Skuta is a native of Williamsport, PA. he did here, from working to create op- would it be his most impactful. When Phil joined the Marine Corps in 1984 portunity for West Virginians and all Bellmard entered the war, the Germans through the Platoon Leader’s Class Americans to maintaining the tradi- had been able to decipher nearly every program while studying at the Univer- tions and the dignity of the Senate. one of the Allies’ codes, making it dif- sity of Pittsburgh at Johnstown. And for me, just to have been in his ficult for them to operate in secrecy. From Operations Desert Shield and presence and to watch him work has Bellmard recognized this problem, and Desert Storm to Joint Guardian and really been an amazing experience, and as the leader of the Native American Iraqi Freedom, Colonel Skuta has led so I am proud to pay tribute to him unit saw a tremendous asset in his sol- his marines through many trying and today. diers’ diverse languages. These lan- dangerous situations. On his most re- Senator Byrd stayed here through guages were completely foreign to Eu- cent deployment, he led the Second thick and thin, with a cane or a wheel- ropeans and had never been written Battalion, Seventh Marines into Iraq chair, through the sheer force of will, down. They were ideal candidates for to train and conduct operations with suffering to be in this place that he new codes. the Iraqi Security Forces. The 2d Bat- loved so much and that he respected so Lieutenant Bellmard suggested to his talion, seventh Marines’ primary area much. There isn’t a Member on either superiors that his unit’s men be scat- of operations was Ramadi and west of side of the aisle that didn’t respect tered throughout troop dispatch points the Euphrates River in Al Anbar prov- Senator Byrd for his intelligence, his as communications officers. There, he ince. strength, his extraordinary biography, reasoned, they would be able to dis- Throughout his career he has handed and his dedication to the people of his seminate orders in their native tongues down from one marine to the next his State. and then translate them back into excellent leadership skills. Colonel What a legacy he leaves. It is a great English. His plan was put into practice Skuta’s example will teach the next loss for his family, for all of us in the and quickly proved to be reliable and generation that will come to know the Senate, for the people of his beloved secure. Bellmard and his original Code Marine Corps. Under Phil’s leadership, State of West Virginia and for all Talkers of Oklahoma allowed many Al- steady hand and sharp instincts, the Americans. I extend my deepest condo- lied forces to move safely through bat- USMC Senate liaison team has well lences to his family. tle zones without fear of interception, served General Conway and all ma- f and to this date there are no records of rines. The USMC liaison office has pro- the Central Powers ever cracking their REMEMBERING CODE TALKER vided invaluable support for the Sen- ‘‘code.’’ MOSE BELLMARD ate. Bellmard’s suggestion carried over While the U.S. Senate and Marine Mr. INHOFE. Mr. President, it was 2 into World War II, during which Code Corps are losing a valuable and trusted years ago that I worked to pass and Talkers were widely recruited and were ally in this body, we wish Colonel have signed into law by the President critical to the Allied Forces’ victory in Skuta well on his next assignment to the Code Talkers Recognition Act, a the Pacific theater. Bellmard’s simple be Director of the USMC Strategic Ini- bill to give Congressional Medals to idea to use Native American tongues to tiatives Group. the many Native American Code Talk- thwart and confuse enemies proved a f ers who served in World Wars I and II. lasting and effective tool for the U.S. Today, I wish to honor an original Code military. It is fitting he was promoted ADDITIONAL STATEMENTS Talker, Mose Bellmard, a Kaw Indian to the rank of captain for his role. who bravely served our country during Unfortunately, Captain Bellmard TRIBUTE TO AL SMITH World War I. As a veteran and ardent died before we could thank him person- supporter of the armed services, I al- ally for his contribution to our free- ∑ Mr. BAUCUS. Mr. President, today I ways take pride when I have the oppor- dom. But our thanks are still impor- recognize the exemplary work of Allen tunity to recognize the service of fine tant, especially as we remember Inde- Smith, Jr., of Helena, MT. This week, Oklahomans like him. pendence Day and the cost of securing Al will be awarded the American Asso- Bellmard, considered by many to be that freedom. We owe our sincere grati- ciation for Justice Partnership Award one of the last hereditary chiefs of the tude to all American heroes like Mose in recognition for his work as the exec- Kaw Indians, was born on February 16, Bellmard, and I pray that more emerge utive director of the Montana Trial 1891, to Josephine and Leonard in generations to come. Lawyers Association. I commend Al for all his work on behalf of the justice Bellmard in Indian territory. U.S. in- f volvement in World War I began when system and Montana’s strong network Bellmard was 26, and, even though Na- TRIBUTE TO COLONEL PHILIP C. of legal advocates. tive Americans were not yet considered SKUTA The mission of the American Asso- full citizens of the United States, he Mr. BARRASSO. Mr. President, I rise ciation of Justice is ‘‘to promote a fair was one of the first to volunteer. He today to pay tribute to a close friend of and effective justice system—and to trained at Fort Sill in Lawton, OK, was the Senate, COL Phil Skuta. Over the support the work of attorneys in their made a 1st lieutenant with Company E past 2 years, Colonel Skuta has served efforts to ensure that any person who in Oklahoma’s 1st Infantry Unit. as the Director of the Marine Corps Li- is injured by the misconduct or neg- After a few weeks of training, he de- aison Office to the U.S. Senate. ligence of others can obtain justice in ployed to the frontlines of the war in Throughout Colonel Skuta’s service America’s courtrooms, even when tak- France. The setting was dangerous, and in the Senate he has escorted 14 ing on the most powerful interests.’’ I a number of his men were quickly CODELs to 27 countries. I have trav- can think of no one that reflects this killed during routine patrols of their eled with Phil to visit our troops in mission more than Al Smith. area. Upon investigation, Bellmard re- Kuwait, Iraq, and Afghanistan. Since joining the team at the Mon- alized that the Germans had painted Last year, I had the privilege of tana Trial Lawyers Association in 1997, sections of barbed wire that allowed spending Thanksgiving with the Wyo- Al has shown a commitment to pro- them to easily spot his patrolmen’s ming Army National Guard 115th Fires moting justice and fairness in our

VerDate Mar 15 2010 02:06 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.003 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5738 CONGRESSIONAL RECORD — SENATE July 12, 2010 country’s legal system. His desire to West Los Angeles area where he re- Taskforce, UCR Medical School Com- serve MTLA comes from his respect for mained for the rest of his career. He munity Advisory, Riverside Commu- its members who, each day, work for loved riding motorcycles both profes- nity College Foundation, Hispanic Edu- justice by holding governments, cor- sionally and in his personal time. Offi- cation Foundation, and the Riverside porations, and other powers account- cer Ortiz had a distinguished career County Sheriff’s Commission on Re- able to individuals. As MTLA president and was very dedicated to the Cali- cruiting, Retention, and Diversity. As Sydney McKenna wrote last year, ‘‘[Al] fornia Highway Patrol. founder of the Latina Women’s Health articulate[s] in a compelling way why I invite all of my colleagues to join Forum, as one of three founders of the the courts are necessary, that causes me in recognizing and honoring Officer Latina Network, and as a strong influ- and damages are part of justice, and Phillip Ortiz for his leadership and ence behind the Nati Fuentes Centro de that justice matters.’’ dedication to the safety of over 10 mil- Ninos on the Eastside, she continues to During the past 13 years serving as lion Los Angeles County residents. He exert influence on education and com- the executive director of the Montana is survived by his wife and childhood munity priorities. Association, Al has worked hard to rep- sweetheart, Jessica; his parents, Irene In recognition of her professional resent the bar in both State and Fed- and Claude Clauser; and his sister, contributions and service, Ofelia has eral matters. I have had the privilege Anna, to whom I send my heartfelt received the Hope Luminarias Award of working with Al on a number of Fed- condolence. Officer Ortiz leaves a last- and the La Sierra University Presi- eral initiatives and have always appre- ing legacy of service.∑ dent’s Community Service Citation. ciated Al’s thoughts on how Federal f She has been named CHARO Minority legislation could impact the rights of Business Advocate of the Year and has TRIBUTE TO OFELIA VALDEZ- individuals in the legal system. been cited by the Riverside Press-En- YEAGER Al also serves on the boards of direc- terprise newspaper as one of the People tors for the National Association of ∑ Mrs. BOXER. Mr. President, I am Who Make a Difference. Trial Lawyer Executives and honored to recognize the career accom- It is my pleasure to recognize Ofelia A.W.A.R.E., a private, nonprofit orga- plishments and service of Ofelia Valdez-Yeager as she prepares to retire nization providing quality, commu- Valdez-Yeager as she retires from her from the Office of the Superintendent, nity-based services for persons with position as chief administrative liaison Riverside County Schools. I commend disabilities. Al served as the executive to the Riverside County Super- her for her fine service to the commu- director and attorney for the Montana intendent of Schools. nity.∑ Advocacy Program, which works to Ofelia—a native of Tayoltita, Du- f protect and advocate for the human, rango, Mexico—immigrated with her REMEMBERING WALTER legal, and civil rights of Montanans family to the United States in 1958. Al- SHORENSTEIN with disabilities. In 2009, Al was award- though she began first grade as a non- ed the Montana Trial Lawyers Associa- English-speaker, she completed the ∑ Mrs. BOXER. Mr. President, it is tions Public Service Award. Al re- school year at the top of her class—re- with a heavy heart that I ask my col- ceived the Annual Award for Advocacy alizing her parents’ high expectations leagues to join me today in honoring from the National Association for for the academic achievement of their the memory of an extraordinary real Rights Protection and Advocacy in 10 children, even though they them- estate investor, philanthropist, Presi- 1991. He received his bachelor’s in polit- selves had been educated only at the el- dential adviser, civic leader and dear ical science from Montana State Uni- ementary level in Mexico. friend of mine, Walter Shorenstein. versity and his juris doctor from the Ofelia was admitted to the Univer- Walter passed away on June 24, 2010. He Hastings College of the Law at the Uni- sity of California, Riverside—UCR—in was 95 years old. Walter’s legendary en- versity of California. 1965 as one of the initial group of five trepreneurship and civic involvement As a lifelong Montanan, Al has a deep Educational Opportunity Program— will benefit future generations of appreciation for the State and all it EOP—students. After graduating in Americans for decades to come. has to offer. In his spare time, Al en- 1969 with a bachelor’s degree in Span- Walter Herbert Shorenstein was born joys to hunt, fish, kayak, and climb ish and completing the requirements into a hard-working middle class fam- Montana’s beautiful mountains. Al is for an elementary teaching credential ily in Glen Cove, New York on Feb- married to Marilyn, who was born and in 1971, she embarked upon a profes- ruary 23, 1915. He briefly attended the raised in Anaconda, and together they sional career that has included work as University of Pennsylvania before cut- have two children—daughter Kait and an Upward Bound tutor and counselor, ting his undergraduate studies short in son Ben. high school counseling assistant, ele- order to serve his country in World I again congratulate Al for his rec- mentary school teacher, bilingual re- War II. During the war, Walter was sta- ognition by the American Association source teacher, and consultant for sev- tioned in North Africa, where he man- for Justice.∑ eral public agencies. aged logistics and resources for troops f In 1992 Ofelia was elected to serve as in Africa, Asia, and Europe. Walter met the first Latina trustee on the River- his future wife Phyllis while serving as REMEMBERING PHILLIP ORTIZ side Unified School District Board; she a major at Travis Air Force Base in ∑ Mrs. BOXER. Mr. President, today I was later elected vice president of this California. They were married in 1945, ask my colleagues to join me in hon- same body. She expanded her commit- and Walter began his real estate career oring the life of Los Angeles County ment to public service by accepting a upon moving to San Francisco in 1946. Highway Patrol Officer Phillip Ortiz. part-time position as administrative Walter joined the commercial real es- Officer Ortiz, a 28-year veteran of the assistant to the mayor—focusing her tate firm, Milton Meyer & Company, Los Angeles County Highway Patrol, expertise and energies on youth, edu- and became its only partner in 1951. He died on June 22, 2010, from being struck cation, and crime issues. She also later purchased the company and in by a vehicle while in the line of duty. served as executive assistant to the su- 1960, began rapidly expanding its hold- His loss should remind us all of the perintendent of the Riverside Unified ings over the next three decades. At very serious dangers that our law en- School District. various times, the company, which was forcement personnel face every day as In addition to her current respon- renamed Shorenstein Co. in 1989, has they do their jobs. I would like to take sibilities as chief administrative liai- owned numerous notable buildings in- a few moments to recognize Officer son, Ofelia also serves on boards and cluding the Bank of America Tower in Phillip Ortiz’s life. committees of a number of local agen- San Francisco, the John Hancock Cen- Officer Ortiz grew up in Santa cies and organizations, including the ter in Chicago, and the Washington Monica, CA, and joined the California United Way, Concilio Child Develop- Harbour Complex in Washington, DC. Highway Patrol in August 1982 at the ment Centers, Fiesta de la Familia, The Shorenstein Co., under the leader- age of 21. Soon after, he successfully Mission Inn Foundation, Raincross ship of Walter’s son, Douglas, currently completed motorcycle training and in Group, Riverside County Library Foun- controls roughly 30 million square feet 1982 was eventually transferred to the dation, Riverside Library and Museum of commercial real estate nationwide.

VerDate Mar 15 2010 02:06 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.002 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE July 12, 2010 CONGRESSIONAL RECORD — SENATE S5739 In addition to his exemplary business United States with devoted and vision- They are survivors, daughters, wives, savvy, Walter was recognized for his ary leadership. husbands, sisters, brothers and friends sharp intuition and diplomacy skills, Through research and development of people stricken with breast cancer. and ultimately served as an adviser to during his 13 years as director, NSSL When they first met, they were strang- three Presidents. President Lyndon finished development of a Doppler ers simply sharing their experience Johnson appointed him to serve as an weather radar technology that led to with the disease and now they have be- adviser on trade negotiations. Presi- the birth of the national NEXRAD net- come lifelong friends. They began dent Jimmy Carter appointed Walter work, which consists of more than 150 training together that year in Feb- to the U.S. delegation that led peace radar systems. The NEXRAD network ruary, sharing stories and some tears, talks between Israel and Egypt in 1978, was also upgraded from proprietary to creating a bond that holds a reservoir and to the Committee for the Preserva- open systems, which enabled dual-po- of strength, determination and hope. tion of the White House. During the larization upgrades. These techno- Their mutual support of one another Clinton administration, Walter was ap- logical advancements will greatly in- during the training, the fundraising pointed to serve on the board of direc- crease precision when it comes to esti- and ultimately the 60-mile route al- tors of the Corporation for National mates of rainfall, delineation of rain lowed each of them to begin a trans- Service and the U.S. Commerce De- from snow, and provide a more exact formation from victim to warrior. Each partment Industry Policy Advisory estimate of hail size. Since its installa- has a different story that brought them Committee. In 1999, President Clinton tion, the NEXRAD program has re- to the group but together they created presented Walter with the Democratic duced tornado related deaths by 45 per- a unity of purpose signified by their National Committee’s Lifetime cent and reduced personal injuries by crossing of the finish line as a group. Achievement Award for his active serv- 40 percent. Since 2005, the Pink Angels walk ice and commitment to the Democratic Under the leadership of Dr. Kimpel, around the city of Boston every year. Party. radar-based rainfall analyses were cre- Many team members have also walked Later in life, Walter began donating ated to improve flash flood and river in Arizona, Cleveland, Philadelphia, both his time and money to laudable forecasting. He was also a key player San Diego, San Francisco, and Wash- civic efforts. In 1975, he led a group in sparking interest and support for ington, DC. In May 2009, under the that placed 2,000 Vietnamese orphans new facilities for NSSL that led to the leadership of Joanne Seneta and Hilda in loving homes in the United States. construction of the National Weather Santos, they achieved a significant In 1993, he played a pivotal role in pre- Center building, which is shared by the milestone by raising more than $1 mil- venting the San Francisco Giants from National Weather Service and the me- lion. moving to Florida. A lifelong advocate teorology enterprise at the University On July 23 in Framingham, MA, the for education, Walter contributed heav- of Oklahoma. Pink Angels will take flight again and ily to several prestigious educational During Dr. Kimpel’s watch as the di- on the 25th in Boston they will again programs and institutes. Along with rector, NSSL scientists had over 600 ar- cross the finish line as a group. I would his wife, he founded the Joan chival, refereed journals published, like to thank them for their commit- Shorenstein Center on the Press, Poli- were granted three patents and partici- ment to help find a cure for breast can- tics and Public Policy at Harvard Uni- pated in four cooperative research and cer.∑ versity’s Kennedy School of Govern- development agreements with private f ment, named for his talented daughter companies. He also played a large role RECOGNIZING THE CONTEM- who lost her life to cancer in 1985. Wal- while at the University of Oklahoma as PORARY AMERICAN THEATER ter also funded programs at Stanford a full professor, dean of the College of FESTIVAL University’s Asia-Pacific Research Geosciences, provost, and senior vice Center and the Institute of East Asian president of the Norman campus. ∑ Mr. ROCKEFELLER. Mr. President, Studies at the University of California, Dr. Kimpel’s service to our country today I congratulate and commend the Berkeley. goes far beyond the NSSL. As a mem- Contemporary American Theater Fes- Walter stood out as a driven entre- ber of the U.S. Air Force, he served in tival, CATF, in Shepherdstown, WV, on preneur who cared deeply for his com- Vietnam and earned the Bronze Star its 20th season which began this past munity. He will be remembered by his Medal for his acts of courage and valor. weekend on July 9. This renowned fes- friends and colleagues not only for his He was also elected president of the tival, presented in partnership with business savvy, but also for his tremen- American Meteorological Society, re- Shepherd University, is an extraor- dous sense of civic responsibility. His ceived the University of Oklahoma Re- dinary event that runs for several vision and hard work greatly shaped gents Alumni Award, and received the weeks each summer, bringing thou- and influenced the city of San Fran- Presidential Rank Award-Meritorious sands of people to our beautiful State cisco, and his civic contributions and Executive. He is a well-respected aca- and highlighting Shepherdstown’s arts leadership skills improved our Nation. demic, researcher, and mentor. He is community. Walter is survived by his son Doug- also the proud father of five children More than two decades ago, Ed las; his daughter Carole Shorenstein and a grandfather to two grand- Herendeen had a dream of producing Hays; and his six grandchildren. My children. new works in theater, so he came to thoughts are with Walter’s family at I give my highest regard to Dr. Shepherdstown and did just that. He this difficult time.∑ Kimpel and wish him the best. He has had the vision and dedication to start f contributed much not only to the State and nurture this festival. And under of Oklahoma, but to the United States. Ed’s leadership, the theater festival TRIBUTE TO DR. JAMES KIMPEL The achievements and service of Dr. continues to produce and develop new ∑ Mr. COBURN. Mr. President, today I James F. Kimpel are worthy of celebra- American theater that not only exam- honor Dr. James Kimpel who has tion and commendation.∑ ines current events and reflects on na- served our government for the last 13 f tional trends but also serves as a haven years as director of the NOAA National for contemporary playwrights. This Severe Storms Laboratory, NSSL, in RECOGNIZING THE PINK ANGELS year, as it does every year, the festival Norman, OK. ∑ Mr. KERRY. Mr. President, I would confronts bold and controversial issues Dr. Kimpel held the position of direc- like to recognize the dedication and to prod the audience and explore new tor, where he oversaw research in tireless efforts of a group of approxi- ideas. Since its first season in 1991, weather radar, technology transfer mately 50 men and women from the CATF has produced 80 new American from research to applications, and fore- North Shore of Massachusetts called plays and 30 world premieres. cast and warning improvements. The the Pink Angels. Formed in January A recent National Public Radio story activities that Dr. Kimpel coordinated 2005 as a group with the common goal described what the festival has meant at NSSL helped save lives and property of finding a cure for breast cancer, they to the artists and the community: throughout the United States. During have completed the Boston 3-Day Can- The Contemporary American Theater Fes- his tenure at the lab he provided the cer Walk every year since. tival at Shepherd University in

VerDate Mar 15 2010 02:06 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.006 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5740 CONGRESSIONAL RECORD — SENATE July 12, 2010 Shepherdstown is a dream for the writers of grave danger. What may we expect of should we recognize the dedication and those plays. Over the years, both up-and- Vermont?’’ The Governor’s reply: bravery of Vermont’s soldiers today, coming playwrights and big names—like ‘‘Vermont will do its full duty.’’ when more than 1,500 members of the Sam Shepard and Joyce Carol Oates—have Fairbanks called a special session of Vermont National Guard are serving in premiered works there. That’s in large part due to the festival’s hard-working founder, the State legislature and told law- the war zone in Afghanistan. Approach- Ed Herendeen. Herendeen founded the fes- makers, ‘‘The United States govern- ing July 4th, the day which marks our tival 20 years ago in partnership with Shep- ment must be sustained and the rebel- Nation’s independence, I want to cele- herd University. That first season they did lion suppressed, at whatever cost of brate the courage of those brave men three plays and sold about 2,000 tickets. men and treasure.’’ from Vermont who fought to preserve Today, they do five professional plays and Vermonters fulfilled that pledge. the Nation in the Civil War, and the sell more than 11,000 tickets. What’s unusual During the Battle of Gettysburg, brave men and women who are answer- about the festival is that Herendeen says waged from July 1 to July 3, 1863, ing our Nation’s call today in the he’s never tempted to do a popular play in Vermonters fought heroically. Under ∑ order to draw more people. The audience mountains and valleys of Afghanistan. that the festival has developed really is ex- the command of GEN George Stannard, f pecting it to do new plays. Vermonters ‘‘broke the back of Pick- ett’s charge,’’ helping lead the Union TRIBUTE TO ALICE KUNDERT In addition to its first-class perform- Army to victory in the decisive battle, ∑ Mr. THUNE. Mr. President, today I ances, the festival offers lectures and says George Gunlock, a local historian wish to recognize the 90th birthday of discussion to enhance the audience’s in my State. Alice Kundert, a valued public servant understanding of the arts. Over the last Another Vermonter, William Wells, in my home State of South Dakota. 7 years, in partnership with the Appa- won the Medal of Honor for leading his Alice’s public service career began lachian Education Initiative, AEI, the men in a daring cavalry charge against when she was appointed as the deputy festival has hosted the Annual Eliza- Confederate lines during the Battle of superintendent of schools in Campbell beth Francis Teacher Training Insti- Gettysburg. A statue was built in his County. She served on the town board, tute, a professional development pro- honor in both Gettysburg and in Bur- school board, and later took on the gram for high school teachers from lington’s Battery Park. Wells, who rose roles as Campbell County’s clerk of West Virginia and other States across to the rank of general, served as courts and registrar of deeds. the region. This is an opportunity to Vermont’s adjutant general after the She was convinced by a group of learn hands on from CATF’s profes- Civil War. teenagers that she counseled to run for sional theater artists. Participants are But it not so much the officers, but political office at the State level. The immersed in the art and craft of the- the brave men who served under them, first governmental office Alice held ater, gaining insight into acting, pro- that we most remember, even at this was as State Auditor for three 2-year duction, stage management, mar- historical distance. terms followed by two 4-year terms as keting, and script analysis. This year, Despite its small size, Vermont was a Secretary of State. She was appointed participants will attend every play in major contributor to the Union Army. by Governor Mickelson to the Depart- the festival’s 20th anniversary season, In all, 33,200 Vermonters fought in ment of Education and Cultural Affairs and have a chance to meet and talk the war, or more than 10 percent of the which allowed her to travel the state with actors, producers, and technicians State’s population at the time. Twen- teaching children about the history of while receiving graduate level credits ty-eight thousand Vermonters served South Dakota. The last political office for their coursework. in the State militia and another 5,000 Alice held was her 1990 election as a It is hard to overstate the extraor- enlisted for Federal service during the State representative which she served dinary economic impact this festival Civil War. At the time, the State’s esti- for two 2-year terms. has on the entire region. The annual mated population was 320,000. I would like to send my heartfelt event brings people from more than 20 According to historians, nearly half congratulations to Alice on her 90th States to West Virginia to enjoy the- of the men in Vermont who were of birthday and to thank her for her years ater, immerse themselves in our com- military age signed on to serve their of dedicated public service to the State munity, and explore our beautiful nat- Nation. of South Dakota.∑ ural surroundings. And as the crowds Great sacrifice was exacted from f fill our theaters, restaurants, shops, these brave volunteers. Vermonters and hotels, their support creates em- suffered 5,194 deaths, during the Civil TRIBUTE TO PATRICIA LUTZ ployment and boosts local businesses. War, including 1,832 Vermonters killed ∑ Mr. THUNE. Mr. President, today I In recent years, festival goers have or mortally wounded in battle, 2,747 wish to recognize Patricia Lutz, who contributed $3.2 million to the local who died of disease or other causes and has been named the 2010 South Dakota economy with the average patron 615 who died while prisoners. More than School Bus Driver of the Year. The spending $132 on top of the price of 2,200 Vermonters were taken prisoner award is selected annually by the tickets. during the war. South Dakota School Transportation Today, I congratulate and thank The history of the Vermonters who Association. I commend Patty for her Shepherd University President Su- fought during the Civil War lives on. commitment to providing a safe and zanne Shipley, Ed Herendeen, and their The Vermont National Guard’s 86th In- nurturing environment for the young talented team for bringing such a truly fantry Brigade Combat Team, now de- people of South Dakota. outstanding theater festival to the ployed in Afghanistan, uses a famous Patty and her husband Loren live stage every year. The Contemporary line from the Civil War—‘‘Put the near Webster. She is employed by American Theater Festival in Shep- Vermonters ahead’’—as its motto Harlow’s School Bus Sales and Services herdstown is an enormous source of today. The line comes from a famous and currently drives a route for the pride for me and for every West Vir- order by Union GEN John Sedgwick. Webster School District. Patty re- ginian.∑ When the battle of Gettysburg began cently completed her 30th year of driv- f on July 1, 1863, Sedgwick’s soldiers ing a school bus. Along with Webster, were in Maryland, 35 miles from the she has also driven for the Conde, Get- TRIBUTE TO VERMONT’S battlefield. ‘‘At dusk orders came to tysburg, and Bristol School Districts. SOLDIERS move, but it was about 10 o’clock at In addition to her school bus respon- ∑ Mr. SANDERS. Mr. President, as we night before the column started for sibilities, she has also served as a celebrate the 147th anniversary of the Gettysburg. It was on this occasion school librarian, substitute teacher, Battle of Gettysburg, I celebrate the that General Sedgwick issued his fa- and cheerleading advisor. contributions Vermont’s brave citizens mous order: ‘‘Put the Vermonters Patty serves as a shining example of made to keep the Union whole. ahead and keep the column well closed the outstanding faculty and staff mem- As the Civil War began, President up.’’ bers that serve school districts across Lincoln sent a message to Governor As we recognize the dedication of South Dakota. Always willing to go Erastus Fairbanks: ‘‘Washington is in Vermont’s soldiers in the Civil War, so above and beyond, Patty is committed

VerDate Mar 15 2010 02:49 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.029 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE July 12, 2010 CONGRESSIONAL RECORD — SENATE S5741 to making a difference in the lives of tinued to be a strong reflection of Mrs. Cole, one of its reading clerks, an- her students and is a tremendous asset South Dakota’s greatest values and nounced that the House has passed the to the Webster community and to our traditions. The community of Eagle following bills, in which it requests the state. Butte has much to be proud of and I am concurrence of the Senate: On behalf of the State of South Da- confident that Eagle Butte’s success H.R. 1554. An act to take certain property kota, I am pleased to say congratula- will continue well into the future. in McIntosh County, Oklahoma, into trust tions to Patty on a very deserving The town of Eagle Butte will com- for the benefit of the Muscogee (Creek) Na- award.∑ memorate the 100th anniversary of its tion, and for other purposes. founding with celebrations held on H.R. 2340. An act to resolve the claims of f July 15 through July 18. I would like to the Bering Straits Native Corporation and BIG STONE CITY, SD offer my congratulations to the citi- the State of Alaska to land adjacent to zens of Eagle Butte on this milestone Salmon Lake in the State of Alaska and to ∑ Mr. THUNE. Mr. President, today I provide for the conveyance to the Bering recognize Big Stone City, SD. Founded anniversary and wish them continued Straits Native Corporation of certain other ∑ in 1885, Big Stone City celebrates its prosperity in the years to come. public land in partial satisfaction of the land 125th anniversary this year. f entitlement of the Corporation under the Located in Grant County, Big Stone Alaska Native Claims Settlement Act. MESSAGES FROM THE PRESIDENT H.R. 4307. An act to name the Department City possesses the strong sense of com- Messages from the President of the of Veterans Affairs community-based out- munity that makes South Dakota an United States were communicated to patient clinic in Artesia, New Mexico, as the outstanding place to live and work. Big the Senate by Mr. Pate, one of his sec- ‘‘Alejandro Renteria Ruiz Department of Stone City is the home of Big Stone retaries. Veteran Affairs Clinic’’. Lake, which is known for its excellent H.R. 4445. An act to amend Public Law 95– fishing. The city has continued to be a f 232 to repeal a restriction on treating as In- strong reflection of South Dakota’s EXECUTIVE MESSAGES REFERRED dian country certain lands held in trust for greatest values and traditions. The Indian pueblos in New Mexico. As in executive session the Presiding H.R. 4505. An act to enable State homes to community of Big Stone City has much Officer laid before the Senate messages furnish nursing home care to parents of any to be proud of and I am confident that from the President of the United whose children died while serving in the Big Stone City’s success will continue States submitting sundry nominations Armed Forces. well into the future. which were referred to the appropriate H.R. 5395. An act to designate the facility Big Stone City commemorated the committees. of the United States Postal Service located 125th anniversary of its founding with (The nominations received today are at 151 North Maitland Avenue in Maitland, celebrations held July 9 through July printed at the end of the Senate pro- Florida, as the ‘‘Paula Hawkins Post Office 11. I would like to offer my congratula- ceedings.) Building’’. H.R. 5610. An act to provide a technical ad- tions to the citizens of Big Stone City f justment with respect to funding for inde- on this milestone anniversary and wish MESSAGE FROM THE HOUSE pendent living centers under the Rehabilita- them continued prosperity in the years RECEIVED DURING ADJOURNMENT tion Act of 1973 in order to ensure stability to come.∑ for such centers. Under the authority of the order of The message also announced that the f the Senate of January 6, 2009, the Sec- House has agreed to the following con- retary of the Senate, on July 1, 2010, DUPREE, SD current resolutions, in which it re- during the adjournment of the Senate, ∑ Mr. THUNE. Mr. President, today I quests the concurrence of the Senate: recognize Dupree, SD. Founded in 1910, received a message from the House of Representatives announcing that the H. Con. Res. 284. A concurrent resolution the town of Dupree celebrated its 100th recognizing the work and importance of spe- House has passed the following bill, anniversary this year. cial education teachers. Located in Ziebach County, Dupree without amendment: H. Con. Res 289. A concurrent resolution di- possesses the strong sense of commu- S. 3104. An act to permanently authorize recting the Clerk of the House of Representa- Radio Free Asia, and for other purposes. nity that makes South Dakota an out- tives to make a technical correction in the ENROLLED BILLS SIGNED standing place to live and work. enrollment of H.R. 3360. The message also announced that the Throughout its rich history, Dupree The message further announced that Speaker has signed the following en- has continued to be a strong reflection the House agrees to the amendment of rolled bills: of South Dakota’s greatest values and the Senate to the bill (H.R. 3360) to traditions. The community of Dupree S. 3104. An act to permanently authorize amend title 46, United States Code, to Radio Free Asia, and for other purposes. establish requirements to ensure the has much to be proud of and I am con- H.R. 5569. An act to extend the National fident that Dupree’s success will con- Flood Insurance Program until September security and safety of passengers and tinue well into the future. 30, 2010. crew on cruise vessels, and for other The town of Dupree commemorated H.R. 5611. An act to amend the Internal purposes. Revenue Code of 1986 to extend the funding its 100th anniversary July 6 through 11 f with a variety of events such as a Cen- and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United MEASURES REFERRED tennial Wagon/Trail Ride, a rodeo and States Code, to extend authorizations for the a fireworks display. I would like to airport improvement program, and for other The following bills were read the first offer my congratulations to the citi- purposes. and the second times by unanimous zens of Dupree on this milestone anni- H.R. 5623. An act to amend the Internal consent, and referred as indicated: versary and send best wishes to them Revenue Code of 1986 to extend the home- H.R. 1554. An act to take certain property in the years to come.∑ buyer tax credit for the purchase of a resi- in McIntosh County, Oklahoma, into trust dence before October 1, 2010, in the case of a for the benefit of the Muscogee (Creek) Na- f written binding contract entered into with tion, and for other purposes; to the Com- EAGLE BUTTE, SD respect to such principal residence before mittee on Environment and Public Works. May 1, 2010, and for other purposes. H.R. 4307. An act to name the Department ∑ Mr. THUNE. Mr. President, today I Under the authority of the order of of Veterans Affairs community-based out- recognize Eagle Butte, SD. Founded in the Senate of January 6, 2009, the en- patient clinic in Artesia, New Mexico, as the 1910, the town of Eagle Butte will cele- rolled bills were signed on July 1, 2010, ‘‘Alejandro Renteria Ruiz Department of brate its 100th anniversary this year. during the adjournment of the Senate, Veterans Affairs Clinic’’; to the Committee Located in Dewey and Ziebach Coun- by the President pro tempore (Mr. on Veterans’ Affairs. H.R. 4445. An act to amend Public Law 95– ties, Eagle Butte possesses the strong INOUYE). sense of community that makes South 232 to repeal a restriction on treating as In- f dian country certain lands held in trust for Dakota an outstanding place to live MESSAGE FROM THE HOUSE Indian pueblos in New Mexico; to the Com- and work. Eagle Butte began 100 years mittee on Indian Affairs. ago as a railroad town; and throughout At 2:03 p.m., a message from the H.R. 4505. An act to enable State homes to its rich history, Eagle Butte has con- House of Representatives, delivered by furnish nursing home care to parents any of

VerDate Mar 15 2010 02:06 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.011 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5742 CONGRESSIONAL RECORD — SENATE July 12, 2010 whose children died while serving in the President of the Senate on July 2, 2010; to and Human Services, transmitting, pursuant Armed Forces; to the Committee on Vet- the Committee on Armed Services. to law, the report of a rule entitled ‘‘Medi- erans’ Affairs. EC–6518. A communication from the Gen- care Program; Identification of Backward H.R. 5395. An act to designate the facility eral Counsel of the Department of Defense, Compatible Version of Adopted Standard for of the United States Postal Service located transmitting legislative proposals relative to E-Prescribing and the Medicare Prescription at 151 North Maitland Avenue in Maitland, the National Defense Authorization Bill for Drug Program (NCDO SCRIPT 10.6)’’ Florida, as the ‘‘Paula Hawkins Post Office Fiscal Year 2011; to the Committee on Armed (RIN0938–AB49) received during adjournment Building’’; to the Committee on Homeland Services. of the Senate in the Office of the President Security and Governmental Affairs. EC–6519. A communication from the Dep- of the Senate on July 2, 2010; to the Com- H.R. 5610. An act to provide a technical ad- uty Secretary, Division of Investment Man- mittee on Finance. justment with respect to funding for inde- agement, Securities and Exchange Commis- EC–6528. A communication from the Pro- pendent living centers under the Rehabilita- sion, transmitting, pursuant to law, the re- gram Manager, Administration for Children tion Act of 1973 in order to ensure stability port of a rule entitled ‘‘Political Contribu- and Families, Department of Health and for such centers; to the Committee on tions by Certain Investment Advisers’’ Human Services, transmitting, pursuant to Health, Education, Labor, and Pensions. (RIN3235–AK39) received during adjournment law, the report of a rule entitled ‘‘Child Sup- The following concurrent resolution of the Senate in the Office of the President port Enforcement Program; Intergovern- of the Senate on July 1, 2010; to the Com- mental Child Support’’ (RIN0970–AC37) re- was read, and referred as indicated: mittee on Banking, Housing, and Urban Af- ceived during adjournment of the Senate in H. Con. Res. 284. Concurrent resolution rec- fairs. the Office of the President of the Senate on ognizing the work and importance of special EC–6520. A communication from the Assist- July 2, 2010; to the Committee on Finance. education teachers; to the Committee on ant to the Board of Governors, Division of EC–6529. A communication from the Sec- Health, Education, Labor, and Pensions. Consumer and Community Affairs, Federal retary of the Environmental Protection f Reserve System, transmitting, pursuant to Agency, transmitting a legislative proposal law, the report of a rule entitled ‘‘Electronic relative to amending the Internal Revenue MEASURES PLACED ON THE Fund Transfers’’ ((Regulation E)(FRS Dock- Code for the purpose of extending the financ- CALENDAR et No. R–1343)) received during adjournment ing of the Superfund; to the Committee on of the Senate in the Office of the President Finance. The following bill was read the sec- of the Senate on July 2, 2010; to the Com- EC–6530. A communication from the Assist- ond time, and placed on the calendar: mittee on Banking, Housing, and Urban Af- ant Secretary, Bureau of Political-Military H.R. 5552. An act to amend the Internal fairs. Affairs, Department of State, transmitting, Revenue Code of 1986 to require that the pay- EC–6521. A communication from the Assist- pursuant to law, the report of a rule entitled ment of the manufacturers’ excise tax on ant to the Board of Governors, Division of ‘‘Schedule of Fees for Consular Services, De- recreational equipment be paid quarterly Consumer and Community Affairs, Federal partment of State and Overseas Embassies and to provide for the assessment by the Sec- Reserve System, transmitting, pursuant to and Consulates’’ (RIN1400–AC57) received retary of the Treasury of certain criminal law, the report of a rule entitled ‘‘Truth in during adjournment of the Senate in the Of- restitution. Savings’’ ((Regulation DD)(FRS Docket No. fice of the President of the Senate on July 2, The following bill was read the first R–1315)) received during adjournment of the 2010; to the Committee on Foreign Relations. Senate in the Office of the President of the EC–6531. A communication from the Assist- and second times by unanimous con- Senate on July 2, 2010; to the Committee on ant Secretary, Bureau of Legislative Affairs, sent, and placed on the calendar: Banking, Housing, and Urban Affairs. Department of State, transmitting, pursuant H.R. 2340. An act to resolve the claims of EC–6522. A communication from the Assist- to the Arms Export Control Act, the certifi- the Bering Straits Native Corporation and ant Secretary, Office of Legislative Affairs, cation of a proposed manufacturing license the State of Alaska to land adjacent to Department of State, transmitting, pursuant agreement for the export of defense articles, Salmon Lake in the State of Alaska and to to law, a six-month periodic report relative including, technical data, and defense serv- provide for the conveyance to the Bering to the national emergency that was declared ices to Turkey for the manufacture of and Straits Native Corporation of certain other in Executive Order 12938 with respect to the assembly of Day Night Thermal Sensors, In- public land in partial satisfaction of the land proliferation of weapons of mass destruction; frared Laser Detecting-Ranging Tracking entitlement of the Corporation under the to the Committee on Banking, Housing, and Sets (AN/AAS–44T) and associated compo- Alaska Native Claims Settlement Act. Urban Affairs. nents common to both systems in the EC–6523. A communication from the Senior amount of $100,000,000 or more; to the Com- f Program Analyst, Federal Aviation Adminis- mittee on Foreign Relations. ENROLLED BILL PRESENTED tration, Department of Transportation, EC–6532. A communication from the Prin- transmitting, pursuant to law, the report of cipal Deputy Assistant Secretary, Bureau of The Secretary of the Senate reported a rule entitled ‘‘Airworthiness Directives; Legislative Affairs, Department of State, that on July 1, 2010, she had presented The Boeing Company Model 777–200LR and transmitting, pursuant to the Arms Export to the President of the United States –300ER Series Airplanes’’ ((RIN2120– Control Act, the certification of a proposed the following enrolled bill: AA64)(Docket No. FAA–2010–0280)) received technical assistance agreement for the ex- S. 3104. A bill to permanently authorize during adjournment of the Senate in the Of- port of defense articles, including, technical Radio Free Asia, and for other purposes. fice of the President of the Senate on July 2, data, and defense services to support the 2010; to the Committee on Commerce, Proton launch of the Intelsat 22 Commercial f Science, and Transportation. Communication Satellite from the Baikonur EXECUTIVE AND OTHER EC–6524. A communication from the Sec- Cosmodrome in Kazakhstan in the amount of retary of Commerce, transmitting, pursuant $50,000,000 or more; to the Committee on For- COMMUNICATIONS to law, an annual report relative to the ac- eign Relations. The following communications were tivities of the Economic Development Ad- EC–6533. A communication from the Assist- laid before the Senate, together with ministration for fiscal year 2009; to the Com- ant Secretary, Bureau of Legislative Affairs, accompanying papers, reports, and doc- mittee on Commerce, Science, and Transpor- Department of State, transmitting, pursuant tation. to the Arms Export Control Act, the certifi- uments, and were referred as indicated: EC–6525. A communication from the Assist- cation of a proposed amendment to a tech- EC–6516. A communication from the Direc- ant Secretary for Fish and Wildlife Parks, nical assistance agreement for the export of tor of Defense Procurement and Acquisition National Park Service, Department of the defense articles, including, technical data, Policy, Department of Defense, transmit- Interior, transmitting, pursuant to law, the and defense services to support the ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Special Regula- LITENING Advanced Targeting Pod program titled ‘‘Defense Federal Acquisition Regula- tions; Areas of the National Park System’’ for the Netherlands in the amount of tion Supplement; Publication of Notification (RIN1024–AD79) as received during adjourn- $50,000,000 or more; to the Committee on For- of Bundling of Contracts of the Department ment of the Senate in the Office of the Presi- eign Relations. of Defense’’ (DFARS Case 2009–D033) received dent of the Senate on July 2, 2010; to the EC–6534. A communication from the Assist- during adjournment of the Senate in the Of- Committee on Energy and Natural Re- ant Secretary, Office of Legislative Affairs, fice of the President of the Senate on July 1, sources. Department of State, transmitting, pursuant 2010; to the Committee on Armed Services. EC–6526. A communication from the Assist- to law, a report by the U.S. Global AIDS Co- EC–6517. A communication from the Acting ant Secretary of the Army (Civil Works), ordinator relative to a description of HIV/ Director, Acquisition Policy and Legislation transmitting, pursuant to law, the Louisiana AIDS prevention interventions that could be Branch, Department of Homeland Security, Coastal Protection and Restoration Final components of a United States global HIV/ transmitting, pursuant to law, the report of Technical Report; to the Committee on Envi- AIDS strategy and their effectiveness; to the a rule entitled ‘‘Homeland Security Acquisi- ronment and Public Works. Committee on Foreign Relations. tion Regulation; Lead System Integrators’’ EC–6527. A communication from the Pro- EC–6535. A joint communication from the (HSAR Case 2009–003) received during ad- gram Manager, Centers for Medicare and Assistant Secretary for Legislative Affairs journment of the Senate in the Office of the Medicaid Services, Department of Health and the General Counsel, Department of

VerDate Mar 15 2010 02:06 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\A12JY6.010 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE July 12, 2010 CONGRESSIONAL RECORD — SENATE S5743 Treasury, transmitting proposed legislation promptly consider and pass the New Alter- Resolved, That the Legislature of Louisiana relative to United States participation in, native Transportation to Give Americans So- does hereby memorialize the Congress of the and appropriations for the United States lutions Act of 2009 (H.R. 1835 and S. 1408) and United States to consider recommendations contribution to, the Global Agriculture and to urge each member of the Louisiana con- to amend the Stafford Act regarding disaster Food Security Program, a multi-donor trust gressional delegation to express their sup- recovery in Louisiana; and be it further fund administered by the World Bank; to the port for the Act by becoming a cosponsor; Resolved, That a copy of this Resolution Committee on Foreign Relations. and be it further shall be transmitted to the secretary of the EC–6536. A communication from the Sur- Resolved, That a copy of this Resolution United States Senate and the clerk of the geon General, Department of Health and shall be transmitted to the secretary of the United States House of Representatives and Human Services, transmitting the National United States Senate and the clerk of the to each member of the Louisiana delegation Prevention, Health Promotion and Public United States House of Representatives and to the United States Congress. Health Council’s 2010 annual status report; to each member of the Louisiana delegation. to the Committee on Health, Education, POM–l26. A concurrent resolution adopted Labor, and Pensions. POM¥125. A concurrent resolution adopted by the Legislature of the State of Louisiana EC–6537. A communication from the Assist- by the Legislature of the State of Louisiana urging Congress to remove the financial eli- ant Attorney General, Office of Legislative urging Congress to consider recommenda- gibility requirements for patients stricken Affairs, Department of Justice, transmit- tions to amend the Stafford Act regarding with amyotrophic lateral sclerosis to be ap- ting, pursuant to law, annual reports rel- disaster recovery in Louisiana; to the Com- proved to receive Medicaid; to the Com- ative to the category rating system for the mittee on Homeland Security and Govern- mittee on Finance. Department of Justice; to the Committee on mental Affairs. SENATE CONCURRENT RESOLUTION NO. 23 Homeland Security and Governmental Af- SENATE CONCURRENT RESOLUTION NO. 96 To memorialize the Congress of the United fairs. To memorialize the Congress of the United States to remove the financial eligibility re- EC–6538. A communication from the Direc- States to consider recommendations to quirements for patients stricken with tor of the Office of Personnel Management, amend the Stafford Act regarding disaster amyotrophic lateral sclerosis to be approved transmitting proposed legislation relative to recovery for Louisiana. to receive Medicaid. amending chapter 89 of title 5, United States Whereas, the aftermath of Hurricane Whereas, amyotrophic lateral sclerosis, or Code, to clarify Federal court jurisdiction Katrina and subsequent national disasters ALS, is better known as ‘‘Lou Gehrig’s dis- over the Federal Employees Health Benefits has brought extensive criticism of the Rob- ease’’; and Program; to the Committee on Homeland Se- ert T. Stafford Disaster Relief and Emer- Whereas, ALS is a fatal neurodegenerative curity and Governmental Affairs. gency Assistance Act (‘‘Stafford Act’’) as an disease characterized by degeneration of cell EC–6539. A communication from the Sec- inadequate and ineffective legal standard for bodies of the lower motor neurons in the retary of Veterans Affairs, transmitting pro- federal response to a national disaster that gray matter of the anterior horns of the spi- posed legislation entitled ‘‘Veterans Benefit causes population displacement and signifi- nal cord; and Programs Improvement Act of 2010’’; to the cant damage to property and infrastructure, Whereas, the initial symptom of ALS is Committee on Veterans’ Affairs. and that overwhelms the capacities of state weakness of skeletal muscles, especially f and local governments to achieve recovery; those of the extremities; and and Whereas, as ALS progresses, the patient PETITIONS AND MEMORIALS Whereas, such criticism is in part a reac- experiences difficulty in swallowing, talking, tion to the provisions of the Stafford Act and breathing; and The following petitions and memo- Whereas, ALS eventually causes muscles rials were laid before the Senate and which do not require any action remotely ap- proaching a comprehensive, centralized, and to atrophy, and the patient becomes a func- were referred or ordered to lie on the integrated disaster mitigation, response, and tional quadriplegic; and table as indicated: recovery program with massive resources Whereas, research indicates that military POM–124. A concurrent resolution adopted that can only be provided by the federal gov- veterans are at a fifty percent greater risk of by the Legislature of the State of Louisiana ernment; and developing ALS than those who have not urging Congress to pass the New Alternative Whereas, such criticism is in part a reac- served in the military; and Transportation to Give Americans Solutions tion to the provisions of the Stafford Act Whereas, ALS does not affect a patient’s Act of 2009 (H.R. 1835 and S. 1408); to the which delegate the responsibility for recov- mental capacity, so that the patient remains Committee on Commerce, Science, and ery to state governments and establish a bu- alert and aware of his loss of motor func- Transportation. reaucratic process for state requests for fed- tions and the inevitable outcome of contin- ued deterioration and death; and SENATE CONCURRENT RESOLUTION NO. 14 eral assistance, which have led to confusion and inaction, with essential assistance de- Whereas, on average, patients diagnosed To memorialize the United States Congress layed and in many instances pleas for help with ALS only survive two to five years from to take necessary actions to promptly con- being ignored; and the time of diagnosis; and sider and pass the New Alternative Transpor- Whereas, such criticism is in part a reac- Whereas, ALS has no known cause, means tation to Give Americans Solutions Act of tion to the provisions of the Stafford Act of prevention, or cure; and 2009 (H.R. 1835 and S. 1408) and to urge each which create neither an individual right to Whereas, there can be significant costs for member of the Louisiana congressional dele- assistance nor a process for governmental medical care, equipment, and home health gation to express their support for the Act accountability, thereby leaving people with caregiving later in the disease; and by becoming a cosponsor. few avenues of legal recourse for disaster re- Whereas, many families deplete their life Whereas, located in Desoto Parish, Lou- lief; and savings attempting to pay for the care of isiana, the Haynesville Shale is the largest Whereas, such criticism is in part a reac- their loved ones; and natural gas field in the continental United tion to provisions in the Stafford Act that do Whereas, the financial burden associated States; and not address the specific material and human- with ALS for American families is enormous: Whereas, the Haynesville Shale holds ap- itarian needs of people struggling to restore Therefore, be it Resolved, That the Legislature of Louisiana proximately two hundred and fifty-one tril- their lives and communities; and lion cubic feet of recoverable natural gas; Whereas, the Katrina Citizens Leadership memorializes the Congress of the United and Corps (‘‘KCLC’’) has embarked on a course of States to remove the financial eligibility re- Whereas, drilling and recovery technology developing policy recommendations for quirements for patients stricken with allows natural gas to be utilized in an envi- amending the Stafford Act to achieve effec- amyotrophic lateral sclerosis to be approved ronmentally safe and economically viable tive disaster mitigation, response, and recov- to receive Medicaid; and be it further Resolved, That a copy of this Resolution manner; and ery; and Whereas, domestic gas is the only resource Whereas, the KCLC report, What It Takes shall be transmitted to the secretary of the that can replace imported gasoline and die- to Rebuild a Village after a Disaster: Stories United States Senate and the clerk of the sel as a transportation fuel; and from Internally Displaced Children and Fam- United States House of Representatives and Whereas, Congress is currently considering ilies of Hurricane Katrina (July 2007), pre- to each member of the Louisiana delegation the New Alternative Transportation to Give sents the recommendations for a national to the United States Congress. Americans Solutions (H.R. 1835 and S. 1408) disaster standard that support the fair and POM–l27. A joint resolution adopted by the which provides incentives to move cars and equitable restoration of lives and commu- House of Representatives of the State of Col- light trucks as well as heavy-duty trucks nities harmed by a national disaster; and from imported gasoline or diesel to domestic Whereas, the KCLC, U.S. Conference of orado recognizing the bravery and sacrifice natural gas and encourages development of Mayors, United States Senate Homeland Se- of the crew of the U.S.S. Pueblo and desig- engines that reduce emissions, improve per- curity Committee, and Internal Displace- nating January 23rd each year as ‘‘U.S.S. formance and efficiency, and lower cost: ment Project of Brookings Institution make Pueblo Day’’; to the Committee on the Judi- Therefore be it recommendations that can support unified ciary. Resolved, That the Legislature of Louisiana work to improve the current legal standard HOUSE JOINT RESOLUTION NO. 10–1007 memorializes the United States Congress to for addressing the country’s response to a Whereas, The U.S.S. Pueblo was originally take such actions as are necessary to national disaster: Therefore be it launched as a United States Army cargo ship

VerDate Mar 15 2010 02:06 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\A12JY6.013 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5744 CONGRESSIONAL RECORD — SENATE July 12, 2010 in 1944 but was transferred to the United 100 Broadway in Lynbrook, New York, as the safe environments for treating addic- States Navy and renamed the U.S.S. Pueblo ‘‘Navy Corpsman Jeffrey L. Wiener Post Of- tion and promoting healthy parenting. in 1966; and fice Building’’; to the Committee on Home- S. 1353 Whereas, The U.S.S. Pueblo was named for land Security and Governmental Affairs. the city of Pueblo, Colorado, and the county By Mr. NELSON of Florida (for him- At the request of Mr. LEAHY, the of Pueblo, Colorado, and was the third ship self, Mr. CORNYN, and Mrs. FEIN- name of the Senator from Michigan in the naval fleet to bear the name Pueblo; STEIN): (Ms. STABENOW) was added as a cospon- and S. 3568. A bill to amend the Trade Act of sor of S. 1353, a bill to amend title 1 of Whereas, After leaving Japan in early Jan- 1974 to create a Citrus Disease Research and the Omnibus Crime Control and Safe uary 1968 on an intelligence mission, the Development Trust Fund to support research Streets Act of 1986 to include nonprofit U.S.S. Pueblo was attacked by the North Ko- on diseases impacting the citrus industry, and volunteer ground and air ambu- rean military on January 23, 1968; and and for other purposes; to the Committee on Whereas, According to United States Naval Finance. lance crew members and first respond- authorities and the crew of the U.S.S. Pueb- By Mr. NELSON of Florida: ers for certain benefits. lo, the ship was in international waters at S. 3569. A bill to improve the ability of the S. 1425 the time of the attack; and National Oceanic and Atmospheric Adminis- At the request of Mr. DURBIN, the Whereas, One crew member of the U.S.S. tration to respond to releases of subsea oil name of the Senator from Minnesota Pueblo was killed during the attack, and and gas, and for other purposes; to the Com- eighty crew members and two civilian ocean- (Mr. FRANKEN) was added as a cospon- mittee on Commerce, Science, and Transpor- sor of S. 1425, a bill to increase the ographers were captured and held for eleven tation. months by the North Korean government; United States financial and pro- and f grammatic contributions to promote Whereas, This year marks the forty-second SUBMISSION OF CONCURRENT AND economic opportunities for women in anniversary of North Korea’s attack on the developing countries. U.S.S. Pueblo and her crew; and SENATE RESOLUTIONS Whereas, The U.S.S. Pueblo is still in com- The following concurrent resolutions S. 1481 mission in the United States Navy, but con- and Senate resolutions were read, and At the request of Mr. MENENDEZ, the tinues to be held by the North Korean gov- referred (or acted upon), as indicated: names of the Senator from New York ernment and is currently a museum in (Mr. SCHUMER), the Senator from New By Mr. SCHUMER: Pyongyang, North Korea: Now, therefore, be Mexico (Mr. BINGAMAN) and the Sen- it S. Con. Res. 68. A concurrent resolution ex- pressing the sense of Congress that the ator from Vermont (Mr. SANDERS) were Resolved, by the House of Representatives of added as cosponsors of S. 1481, a bill to the Sixty-seventh General Assembly of the State United States Postal Service should issue a of Colorado, the Senate concurring herein: commemorative postage stamp honoring amend section 811 of the Cranston-Gon- (1) That we, the members of the General civil rights workers Andrew Goodman, zalez National Affordable Housing Act Assembly, recognize the bravery and sac- James Chaney, and Michael Schwerner, and to improve the program under such rifice of the crew of the U.S.S. Pueblo; and the ‘‘Freedom Summer’’ of 1964, and that the section for supportive housing for per- (2) That we take pride in the fact that the Citizens’ Stamp Advisory Committee should sons with disabilities. U.S.S. Pueblo bears the name of a city and a recommend to the Postmaster General that S. 1553 county in Colorado, and, therefore, the citi- such a stamp be issued; to the Committee on zens of Colorado should be aware of the inci- Homeland Security and Governmental Af- At the request of Mr. GRASSLEY, the dent that occurred with the U.S.S. Pueblo fairs. name of the Senator from Michigan forty-two years ago; and f (Ms. STABENOW) was added as a cospon- (3) That we hereby designate January 23 sor of S. 1553, a bill to require the Sec- each year as ‘‘U.S.S. Pueblo Day’’ as a day to ADDITIONAL COSPONSORS retary of the Treasury to mint coins in remember and honor the brave crew of the S. 653 commemoration of the National Fu- U.S.S. Pueblo; and be it further Resolved, That copies of this Joint Resolu- At the request of Mr. CARDIN, the ture Farmers of America Organization tion be sent to President Barack Obama, names of the Senator from New York and the 85th anniversary of the found- Governor Bill Ritter, Jr., President Pro (Mr. SCHUMER) and the Senator from ing of the National Future Farmers of Tempore of the United States Senate Robert Pennsylvania (Mr. CASEY) were added America Organization. C. Byrd, Speaker of the United States House as cosponsors of S. 653, a bill to require S. 1619 of Representatives Nancy Pelosi, and the the Secretary of the Treasury to mint At the request of Mr. DODD, the name members of Colorado’s congressional delega- coins in commemoration of the bicen- tion. of the Senator from Michigan (Mr. tennial of the writing of the Star-Span- LEVIN) was added as a cosponsor of S. f gled Banner, and for other purposes. 1619, a bill to establish the Office of INTRODUCTION OF BILLS AND S. 850 Sustainable Housing and Communities, JOINT RESOLUTIONS At the request of Mr. KERRY, the to establish the Interagency Council on The following bills and joint resolu- name of the Senator from Illinois (Mr. Sustainable Communities, to establish tions were introduced, read the first DURBIN) was added as a cosponsor of S. a comprehensive planning grant pro- and second times by unanimous con- 850, a bill to amend the High Seas gram, to establish a sustainability sent, and referred as indicated: Driftnet Fishing Moratorium Protec- challenge grant program, and for other By Mr. UDALL of New Mexico: tion Act and the Magnuson-Stevens purposes. S. 3564. A bill to promote the potential of Fishery Conservation and Management S. 2725 women in academic science, technology, en- Act to improve the conservation of At the request of Mrs. FEINSTEIN, the gineering, and mathematics; to the Com- sharks. name of the Senator from Hawaii (Mr. mittee on Homeland Security and Govern- S. 984 INOUYE) was added as a cosponsor of S. mental Affairs. 2725, a bill to provide for fairness for By Mr. MCCAIN (for himself and Mr. At the request of Mrs. BOXER, the KYL): name of the Senator from New Jersey the Federal judiciary. S. 3565. A bill to provide for the convey- (Mr. MENENDEZ) was added as a cospon- S. 2743 ance of certain Bureau of Land Management sor of S. 984, a bill to amend the Public At the request of Ms. SNOWE, the land in Mohave County, Arizona, to the Ari- Health Service Act to provide for ar- name of the Senator from Nebraska zona Game and Fish Commission, for use as thritis research and public health, and (Mr. JOHANNS) was added as a cospon- a public shooting range; to the Committee for other purposes. on Energy and Natural Resources. sor of S. 2743, a bill to amend title 10, By Mr. LAUTENBERG (for himself and S. 1286 United States Code, to provide for the Mr. ROCKEFELLER): At the request of Mr. ROCKEFELLER, award of a military service medal to S. 3566. A bill to authorize certain mari- the name of the Senator from Montana members of the Armed Forces who time programs of the Department of Trans- (Mr. BAUCUS) was added as a cosponsor served honorably during the Cold War, portation, and for other purposes; to the of S. 1286, a bill to amend part E of and for other purposes. Committee on Commerce, Science, and S. 2772 Transportation. title IV of the Social Security Act to By Mr. SCHUMER: allow children in foster care to be At the request of Mr. WHITEHOUSE, S. 3567. A bill to designate the facility of placed with their parents in residential the name of the Senator from New Jer- the United States Postal Service located at family treatment centers that provide sey (Mr. LAUTENBERG) was added as a

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S. 3424 S. 2882 S. 3171 At the request of Mr. DURBIN, the At the request of Mr. KERRY, the At the request of Mrs. LINCOLN, the name of the Senator from Washington name of the Senator from Hawaii (Mr. name of the Senator from Maine (Ms. (Mrs. MURRAY) was added as a cospon- AKAKA) was added as a cosponsor of S. COLLINS) was added as a cosponsor of S. sor of S. 3424, a bill to amend the Ani- 2882, a bill to amend the Internal Rev- 3171, a bill to amend title 38, United mal Welfare Act to provide further pro- enue Code of 1986 to modify the rules States Code, to provide for the ap- tection for puppies. relating to the treatment of individ- proval of certain programs of education S. 3434 uals as independent contractors or em- for purposes of the Post–9/11 Edu- At the request of Mr. BINGAMAN, the ployees, and for other purposes. cational Assistance Program. names of the Senator from Maryland S. 2898 (Ms. MIKULSKI), the Senator from Ohio S. 3237 At the request of Ms. LANDRIEU, the (Mr. BROWN) and the Senator from At the request of Mr. HARKIN, the name of the Senator from Pennsyl- Delaware (Mr. KAUFMAN) were added as name of the Senator from Colorado vania (Mr. CASEY) was added as a co- cosponsors of S. 3434, a bill to provide sponsor of S. 2898, a bill to provide for (Mr. BENNET) was added as a cosponsor for the establishment of a Home Star child safety, care, and education con- of S. 3237, a bill to award a Congres- Retrofit Rebate Program, and for other tinuity in the event of a presidentially sional Gold Medal to the World War II purposes. members of the Civil Air Patrol. declared disaster. S. 3441 S. 3238 S. 3020 At the request of Mr. DURBIN, the At the request of Ms. SNOWE, the At the request of Mr. SCHUMER, the name of the Senator from Louisiana name of the Senator from Missouri names of the Senator from Maryland (Ms. LANDRIEU) was added as a cospon- (Mrs. MCCASKILL) was added as a co- (Mr. CARDIN) and the Senator from Ar- sor of S. 3441, a bill to provide high- sponsor of S. 3020, a bill to direct the kansas (Mr. PRYOR) were added as co- quality public charter school options Administrator of the Small Business sponsors of S. 3238, a bill to provide for for students by enabling such public Administration to reform and improve a medal of appropriate design to be charter schools to expand and rep- the HUBZone program for small busi- awarded by the President to the next of licate. ness concerns, and for other purposes. kin or other representative of those in- S. 3493 S. 3031 dividuals killed as a result of the ter- At the request of Mr. SPECTER, the At the request of Mr. LEAHY, the rorist attacks of September 11, 2001, name of the Senator from New Jersey name of the Senator from New Jersey and to the memorials established at (Mr. LAUTENBERG) was added as a co- (Mr. MENENDEZ) was added as a cospon- the 3 sites that were attacked on that sponsor of S. 3493, a bill to reauthorize sor of S. 3031, a bill to authorize Drug day. and enhance Johanna’s Law to increase Free Communities enhancement grants S. 3269 public awareness and knowledge with to address major emerging drug issues At the request of Mrs. GILLIBRAND, respect to gynecologic cancers. or local drug crises. the name of the Senator from Rhode Is- S. 3510 S. 3034 land (Mr. WHITEHOUSE) was added as a At the request of Mr. CONRAD, the At the request of Mr. SCHUMER, the cosponsor of S. 3269, a bill to provide name of the Senator from Louisiana names of the Senator from Maryland driver safety grants to States with (Mr. VITTER) was added as a cosponsor (Mr. CARDIN), the Senator from Alaska graduated driver licensing laws that of S. 3510, a bill to amend the Internal (Mr. BEGICH) and the Senator from meet certain minimum requirements. Revenue Code of 1986 to permanently South Dakota (Mr. JOHNSON) were S. 3320 extend the 15-year recovery period for added as cosponsors of S. 3034, a bill to At the request of Mr. WHITEHOUSE, qualified leasehold improvement prop- require the Secretary of the Treasury the names of the Senator from New erty, qualified restaurant property, and to strike medals in commemoration of York (Mr. SCHUMER), the Senator from qualified retail improvement property. the 10th anniversary of the September South Dakota (Mr. JOHNSON) and the S. 3549 11, 2001, terrorist attacks on the United Senator from Louisiana (Ms. At the request of Mr. TESTER, the States and the establishment of the LANDRIEU) were added as cosponsors of name of the Senator from Idaho (Mr. National September 11 Memorial & Mu- S. 3320, a bill to amend the Public CRAPO) was added as a cosponsor of S. seum at the World Trade Center. Health Service Act to provide for a 3549, a bill to amend the effective date S. 3036 Pancreatic Cancer Initiative, and for of the gift card provisions of the Credit At the request of Mr. BAYH, the name other purposes. Card Accountability Responsibility and of the Senator from Maryland (Mr. Disclosure Act of 2009. S. 3323 CARDIN) was added as a cosponsor of S. S. 3553 At the request of Mr. FEINGOLD, the 3036, a bill to establish the Office of the At the request of Ms. STABENOW, the name of the Senator from Missouri National Alzheimer’s Project. name of the Senator from Ohio (Mr. (Mrs. MCCASKILL) was added as a co- S. 3043 VOINOVICH) was added as a cosponsor of sponsor of S. 3323, a bill to improve the At the request of Mrs. GILLIBRAND, S. 3553, a bill to require the Secretary management and oversight of Federal the name of the Senator from New Jer- of the Army to study the feasibility of contracts, and for other purposes. sey (Mr. LAUTENBERG) was added as a the hydrological separation of the cosponsor of S. 3043, a bill to award S. 3339 Great Lakes and Mississippi River Ba- planning grants and implementation At the request of Mr. KERRY, the sins. grants to State educational agencies to names of the Senator from Washington S. CON. RES. 39 enable the State educational agencies (Ms. CANTWELL) and the Senator from At the request of Mr. MENENDEZ, the to complete comprehensive planning to Washington (Mrs. MURRAY) were added name of the Senator from Vermont carry out activities designed to inte- as cosponsors of S. 3339, a bill to amend (Mr. SANDERS) was added as a cospon- grate engineering education into K–12 the Internal Revenue Code of 1986 to sor of S. Con. Res. 39, a concurrent res- instruction and curriculum and to pro- provide a reduced rate of excise tax on olution expressing the sense of the vide evaluation grants to measure effi- beer produced domestically by certain Congress that stable and affordable cacy of K–12 engineering education. small producers. housing is an essential component of S. 3078 S. 3397 an effective strategy for the preven- At the request of Mrs. FEINSTEIN, the At the request of Ms. KLOBUCHAR, the tion, treatment, and care of human im- names of the Senator from Delaware name of the Senator from Maine (Ms. munodeficiency virus, and that the

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RES. 565 posed to H.R. 5297, an act to create the tives by Congressman TRENT FRANKS At the request of Mr. MERKLEY, the Small Business Lending Fund Program last year. name of the Senator from New Jersey to direct the Secretary of the Treasury The construction of the Mohave Val- (Mr. LAUTENBERG) was added as a co- to make capital investments in eligible ley Shooting Range near Bullhead sponsor of S. Res. 565, a resolution sup- institutions in order to increase the City, AZ, is widely supported in the tri- porting and recognizing the achieve- availability of credit for small busi- state region and has several antici- ments of the family planning services nesses, to amend the Internal Revenue pated benefits. For example, local law programs operating under title X of the Code of 1986 to provide tax incentives enforcement agencies support the Public Health Service Act. for small business job creation, and for shooting range as a way to help main- other purposes. tain firearms qualifications. Mohave AMENDMENT NO. 4418 AMENDMENT NO. 4444 Community College has a Law Enforce- At the request of Mr. WHITEHOUSE, ment Academy that would be signifi- the name of the Senator from Lou- At the request of Mr. REID, the name of the Senator from Montana (Mr. BAU- cantly enhanced by this project. Also, isiana (Ms. LANDRIEU) was added as a the new range will reduce instances of cosponsor of amendment No. 4418 in- CUS) was added as a cosponsor of amendment No. 4444 intended to be pro- random shooting on sensitive public tended to be proposed to H.R. 5297, an lands which followed the closure of a act to create the Small Business Lend- posed to H.R. 5297, an act to create the Small Business Lending Fund Program former Bullhead City shooting facility ing Fund Program to direct the Sec- in 1999. retary of the Treasury to make capital to direct the Secretary of the Treasury to make capital investments in eligible In February 2010, after an arduous 12- investments in eligible institutions in year planning process, the BLM ap- order to increase the availability of institutions in order to increase the availability of credit for small busi- proved an administrative conveyance credit for small businesses, to amend of federal land for the shooting range the Internal Revenue Code of 1986 to nesses, to amend the Internal Revenue Code of 1986 to provide tax incentives under the Recreation and Public Pur- provide tax incentives for small busi- poses Act. This decision was made ness job creation, and for other pur- for small business job creation, and for other purposes. under an Environmental Assessment/ poses. Finding of No Significant Impact. Un- AMENDMENT NO. 4446 AMENDMENT NO. 4420 fortunately, several tribal governments At the request of Ms. SNOWE, the At the request of Mr. DODD, the name have appealed the decision to the Inte- name of the Senator from New Hamp- of the Senator from New Hampshire rior Board of Land Appeals citing cul- shire (Mrs. SHAHEEN) was added as a co- (Mrs. SHAHEEN) was added as a cospon- tural impacts to the Boundary Cone sponsor of amendment No. 4446 in- sor of amendment No. 4420 intended to Butte, which will undeservedly delay tended to be proposed to H.R. 5297, an be proposed to H.R. 5297, an act to cre- the project for several more years. It is act to create the Small Business Lend- ate the Small Business Lending Fund important to note that the project’s ing Fund Program to direct the Sec- Program to direct the Secretary of the Environmental Assessment offers sev- retary of the Treasury to make capital Treasury to make capital investments eral mitigation measures that address investments in eligible institutions in in eligible institutions in order to in- tribal concerns, including the installa- order to increase the availability of crease the availability of credit for tion of sound dampening features, re- credit for small businesses, to amend small businesses, to amend the Inter- quirements for noise monitoring to en- the Internal Revenue Code of 1986 to nal Revenue Code of 1986 to provide tax sure compliance with State noise provide tax incentives for small busi- incentives for small business job cre- standards for shooting range facilities, ness job creation, and for other pur- ation, and for other purposes. limiting the facility’s footprint to pro- poses. AMENDMENT NO. 4433 tect culturally sensitive lands, and pro- AMENDMENT NO. 4448 At the request of Mr. GRASSLEY, the viding for the relocation of species that At the request of Mr. MERKLEY, the name of the Senator from South Da- would be disturbed. name of the Senator from Indiana (Mr. The bill we have introduced would di- kota (Mr. THUNE) was added as a co- BAYH) was added as a cosponsor of rect the BLM to complete the land con- sponsor of amendment No. 4433 in- amendment No. 4448 intended to be pro- tended to be proposed to H.R. 5297, an veyance without further delay. It also posed to H.R. 5297, an act to create the acknowledges the 2010 Environmental act to create the Small Business Lend- Small Business Lending Fund Program ing Fund Program to direct the Sec- Assessment/Plan Amendment which to direct the Secretary of the Treasury was developed as part of the project’s retary of the Treasury to make capital to make capital investments in eligible investments in eligible institutions in 12-year planning effort. Mr. President, institutions in order to increase the the Mohave Valley Shooting Range order to increase the availability of availability of credit for small busi- credit for small businesses, to amend project has lapsed for over a decade and nesses, to amend the Internal Revenue the people of Mohave County are still the Internal Revenue Code of 1986 to Code of 1986 to provide tax incentives provide tax incentives for small busi- waiting to break ground. I urge my col- for small business job creation, and for leagues to support this bill. ness job creation, and for other pur- other purposes. poses. f By Mr. NELSON of Florida (for AMENDMENT NO. 4434 himself, Mr. CORNYN, and Mrs. STATEMENTS ON INTRODUCED At the request of Ms. CANTWELL, the FEINSTEIN): name of the Senator from Delaware BILLS AND JOINT RESOLUTIONS S. 3568. A bill to amend the Trade Act (Mr. CARPER) was added as a cosponsor By Mr. MCCAIN (for himself and of 1974 create a Citrus Disease Research of amendment No. 4434 intended to be Mr. KYL): and Development Trust Fund to sup- proposed to H.R. 5297, an act to create S. 3565. A bill to provide for the con- port research on diseases impacting the the Small Business Lending Fund Pro- veyance of certain Bureau of Land citrus industry, and for other purposes; gram to direct the Secretary of the Management land in Mohave County, to the Committee on Finance. Treasury to make capital investments Arizona, to the Arizona Game and Fish Mr. NELSON of Florida. Mr. Presi- in eligible institutions in order to in- Commission, for use as a public shoot- dent, today it is my honor to introduce crease the availability of credit for ing range; to the Committee on Energy a bill that would create the U.S. Citrus small businesses, to amend the Inter- and Natural Resources. Disease Research and Development nal Revenue Code of 1986 to provide tax Mr. MCCAIN. Mr. President, I am Trust Fund. I am joined in this effort incentives for small business job cre- pleased to be joined by my colleague, by my good friends, and fellow ‘‘Citrus ation, and for other purposes. Senator JON KYL, in introducing a bill State Senators’’—Sen. JOHN CORNYN of

VerDate Mar 15 2010 02:17 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A12JY6.021 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE July 12, 2010 CONGRESSIONAL RECORD — SENATE S5747 Texas and Sen. DIANNE FEINSTEIN of early on. They sent their own research This bill will direct NOAA to review California. vessels out there to find the answers. its current protocols for detecting and By introducing this bill, it is our col- What they found confirmed the fears mapping subsea hydrocarbons. It would lective goal to create a guaranteed we have—what we do not see, and that require them to develop priorities and source of funding for scientific re- is detectable amounts of oil and hydro- to adopt a plan for the future by imple- search aimed at addressing diseases, carbons impacting areas away from the menting a program within the Office of invasive pests, and other challenges spill. These hydrocarbons may not look Response and Restoration dedicated to faced by the U.S. citrus industry. Most like what we imagined. We imagined mapping subsea hydrocarbons and re- importantly, the scientific research ominous black clouds. But, in fact, leasing what their trajectories are. supported by my bill would benefit all what scientists pulled up from different State and local governments and the citrus producers, regardless of where depths in their water samples often American people should have access to the citrus is growing. came up clear, but just because you this information so they can plan ac- Citrus growers in the U.S. shouldn’t can’t see the oil doesn’t mean it is not cordingly. NOAA itself needs this infor- have to ask themselves if this is the there and it doesn’t mean it is not hav- mation for incorporation into its pro- year a disease or a pest will wipe them ing an impact. tocols for closing and opening fisheries. out. That’s why having a permanent A few weeks ago, the National Oce- And the people in charge of managing fund to help combat these threats just anic and Atmospheric Administration this crisis need this information so released its first report on subsea oil. makes a lot of sense. they can make informed decisions Our top ocean science agency has been The most serious of these threats is about how to proceed. citrus greening, a disease which kills working to understand the impacts of We are in the midst, as we know, of subsurface hydrocarbons. While there the citrus tree and is spread by the hurricane season. While we have not is now some publicly available infor- Asian citrus psyllid, an insect no big- seen this subsea oil with our eyes yet, mation on subsurface oil, many unan- ger than my fingernail. Because it at- a hurricane could make that worst- swered questions remain. Is the sub- tacks the tree and because it is so eas- case scenario a reality. surface oil down there, and especially ily spread, this disease has the ability Last week, during the recess, I spent that which you can’t see? Is it there to wipe out the entire citrus industry. some time with some of Florida’s best because of the use of dispersants? Does My bill does not require new funding and brightest scientists who are study- the large amount of pressure caused by or create any new taxes—it is funded ing this spill. the weight of the water column at such I spoke with researchers from Florida by a portion of the existing import du- depths—as far as 5,000 feet—lead to Gulf Coast University, Mote Marine ties collected from imported citrus these plumes of oil being subsurface? Laboratory, and the University of Mi- products. Specifically, the total What is the effect of having oil and gas ami’s Center for Southeastern Tropical amount of the fund may not exceed $30 throughout the water column as op- Advanced Remote Sensing. These insti- million dollars annually, which is only posed to the oil floating on the surface? about half of the total duties presently I believe it took so long to get any tutions might have the technology and collected on imported citrus products. information because this is something expertise that could be used to detect My bill is based on the model estab- we simply have not seen before. The and monitor subsea oil and gas and lished by the Wool Trust Fund and last time this country dealt with a measure its impact on fragile marine adopts oversight and administrative spill even near this magnitude was the environments. controls for similar programs within Exxon Valdez spill. But that was a As we look to the future and as we the U.S. Department of Agriculture. tanker that leaked in a bay where all are getting NOAA to adopt a plan, that I look forward to working with my the oil was in the upper layers of the is a plan we need. This legislation—the colleagues to see that this bill is signed water column. The oil basically stayed Subsea Hydrocarbon Imagery and Plan- into law. afloat. Here, we have a situation where ning Act—will ensure that days in the the oil is being released 5,000 feet below future we will not wonder how much By Mr. NELSON of Florida: the surface of the gulf. It is being oil and gas is out there, where it is, S. 3569. A bill to improve the ability sprayed with dispersants, and that where it is going, and what its impacts of the National Oceanic and Atmos- keeps much of it down in that fragile will be because we will know. pheric Administration to respond to re- environment and away from view. But, I hope my colleagues in the Senate leases of subsea oil and gas, and for of course, the many organisms that are going to support this effort. Clear- other purposes; to the Committee on live down at those depths are the base ly, with what is going on, this well Commerce, Science, and Transpor- of the food web, and the impact of the needs to be killed. There are 60,000 bar- tation. dissolved and dispersed hydrocarbons rels of oil a day gushing into the gulf, Mr. NELSON of Florida. Mr. Presi- on these critters is simply unknown. and this has been going on now closing dent, we are now on the 84th day of the We haven’t even begun to deal with in on 3 months. Deepwater Horizon spill. Along with the question of the natural gas that is Until the time the well is killed, they the over 175 million gallons of oil and also spewing out of the well. Some will continue to try to siphon off as natural gas that have gushed into the have estimated that as much as half of much as possible, and that is the proc- gulf, over 1 million gallons of the volume coming out of the well is ess they are doing now. They took off dispersants have been applied, with actually natural gas. Some of that is that one cap. All of that oil is gushing. 700,000 gallons applied under the sur- very probably dissolving, and it is pos- They are going to try to put on another face of the water. This is a method of sible that most of it is dissolving. But cap that will have a tighter seal that using dispersants that has been likened who knows how these chemicals are they can get more to the surface. to a science experiment. interacting with it? If any of the nat- In the meantime, all that oil on the With each passing day, we see new ural gas is bubbling to the surface, it surface—we have the skimmers—we images of oil washing up on the shores, could pose a threat to the health and need to skim off and keep it from onto our beaches, into the wetlands, the safety of wildlife, and it could pose reaching the shore. If it gets on the coating the wildlife. We have all seen it a health hazard to humans on the sur- beach, that is one thing. We can get it on television, and it is heartbreaking. face of the gulf. off the beach. It harms all of the indus- But I worry more about something As a result of all of this and so that tries. It harms tourism. Clearly, the else, something we do not see. For 2 we learn from this situation so we perception that there is oil harms fish- months now, academics, the media, and don’t keep doing this same thing over ing. But the real ecological damage is the public have asked about the possi- and over, I am introducing the Subsea when it gets past the beach and it gets bility of vast amounts of oil miles Hydrocarbon Imagery and Planning into the bays, the estuaries, and the away from the location of the spill. Act. This bill will address some of marsh grasses. Then it is so difficult to Independent scientists from research these gaps in our knowledge and under- get out and it all the more compounds institutions in my State, such as the standing of what happens when oil and the impact on the critters. University of South Florida and Flor- natural gas are released under the No. 1, kill the well. No. 2, scoop as ida State University, took to the water ocean. much as we can get off the surface to

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But No. 3, recommendations developed under the com- the recent burning of the Mount Zion Meth- the big unknown is how much oil is un- prehensive review required by subsection (a). odist Church, a Black church that had been derneath the surface and what is its (d) FUNDING.—Not later than 30 days after functioning as a Freedom School for edu- long-term effect on the health of the the date of the enactment of this Act, out of cation and voter registration; any funds in the Oil Spill Liability Trust Whereas the three civil rights workers gulf and on the entire ecological bal- Fund established by section 9509 of the Inter- were beaten, shot, and killed by members of ance of the Gulf of Mexico and, indeed, nal Revenue Code of 1986 not otherwise ap- the Ku Klux Klan; other waters that could be affected, propriated, the Secretary of the Treasury Whereas the national uproar in response to such as the Loop Current that turns shall transfer to the Secretary of Commerce these brave men’s deaths helped raise the po- into the gulf stream and that goes into to carry out the provisions of this section litical capital necessary to bring about pas- the Atlantic. $15,000,000 to remain available until ex- sage of the Voting Rights Act of 1965; and That is the big unknown, and that is pended. Whereas Andrew Goodman, James Chaney, what we are asking NOAA to do. That f and Michael Schwerner’s story will be told to millions of Americans and their bravery is why I am introducing this legisla- SUBMITTED RESOLUTIONS will continue to inspire generations to come tion. through the issuance of a commemorative Mr. President, I ask unanimous con- postage stamp: Now, therefore, be it sent that the text of the bill be printed SENATE CONCURRENT RESOLU- Resolved by the Senate (the House of Rep- in the RECORD. TION 68—EXPRESSING THE resentatives concurring), That it is the sense There being no objection, the text of SENSE OF CONGRESS THAT THE of Congress that— the bill was ordered to be printed in UNITED STATES POSTAL SERV- (1) a commemorative postage stamp should be issued by the United States Postal Serv- the RECORD, as follows: ICE SHOULD ISSUE A COMMEMO- RATIVE POSTAGE STAMP HON- ice honoring civil rights workers Andrew S. 3569 Goodman, James Chaney, and Michael Be it enacted by the Senate and House of Rep- ORING CIVIL RIGHTS WORKERS Schwerner, and the ‘‘Freedom Summer’’ of resentatives of the United States of America in ANDREW GOODMAN, JAMES 1964; Congress assembled, CHANEY, AND MICHAEL (2) the stamp honoring these three men SECTION 1. SHORT TITLE. SCHWERNER, AND THE ‘‘FREE- should be based upon the Congress of Racial This Act may be cited as the ‘‘Subsea Hy- DOM SUMMER’’ OF 1964, AND Equality (CORE) poster from 1964, which was drocarbon Imagery and Planning Act of THAT THE CITIZENS’ STAMP AD- created by Danny Lyon, a prominent photog- 2010’’. VISORY COMMITTEE SHOULD rapher of the Civil Rights movement; and (3) the Citizens’ Stamp Advisory Com- SEC. 2. IMPROVEMENTS TO NATIONAL OCEANIC RECOMMEND TO THE POST- mittee should recommend to the Postmaster AND ATMOSPHERIC ADMINISTRA- MASTER GENERAL THAT SUCH A TION OIL SPILL RESPONSE. General that such a stamp be issued. STAMP BE ISSUED (a) SUBSEA HYDROCARBON REVIEW.—Not later than 45 days after the date of the enact- Mr. SCHUMER submitted the fol- f ment of this Act, the Under Secretary for lowing concurrent resolution; which Oceans and Atmosphere shall conduct a com- was referred to the Committee on AMENDMENTS SUBMITTED AND prehensive review of the current state of the Homeland Security and Governmental PROPOSED National Oceanic and Atmospheric Adminis- Affairs: tration and the capacity of the Administra- SA 4449. Mr. WEBB (for himself, Mr. NEL- tion to monitor, map, and track subsea hy- S. CON. RES. 68 SON of Florida, and Mr. WARNER) submitted drocarbons. Whereas ‘‘Freedom Summer’’ was a cam- an amendment intended to be proposed to (b) ELEMENTS.—The review conducted paign in Mississippi to register African- amendment SA 4402 proposed by Mr. REID under subsection (a) shall include the fol- American voters during the summer of 1964; (for Mr. BAUCUS (for himself, Ms. LANDRIEU, lowing: Whereas in 1964, most Black voters were and Mr. REID)) to the bill H.R. 5297, to create (1) A review of protocol for application of disenfranchised by law or practice in Mis- the Small Business Lending Fund Program dispersants that contemplates the variables sissippi; to direct the Secretary of the Treasury to of temperature, pressure, and depth of the Whereas this voting rights initiative was make capital investments in eligible institu- site of release of hydrocarbons. led by the Student Nonviolent Coordinating tions in order to increase the availability of (2) A review of technological capabilities Committee (SNCC), with the support of the credit for small businesses, to amend the In- to detect the presence of subsea hydro- Council of Federated Organizations (COFO), ternal Revenue Code of 1986 to provide tax carbons at various concentrations and at which included the National Association for incentives for small business job creation, various depths within a water column result- the Advancement of Colored People and for other purposes; which was ordered to ing from releases of oil and natural gas after (NAACP), the Congress of Racial Equality lie on the table. a spill. (CORE), and the Southern Christian Leader- SA 4450. Mr. BROWN of Ohio submitted an (3) A review of technological capabilities ship Conference (SCLC); amendment intended to be proposed to for expeditiously identifying the source Whereas thousands of students and activ- amendment SA 4402 proposed by Mr. REID (known as ‘‘fingerprinting’’) of subsea hydro- ists participated in two week orientation (for Mr. BAUCUS (for himself, Ms. LANDRIEU, carbons. sessions in preparation for the voter reg- and Mr. REID)) to the bill H.R. 5297, supra; (4) A review of coastal and ocean current istration drive in Mississippi; which was ordered to lie on the table. modeling as it relates to predicting the tra- Whereas in 1962, at 6.7 percent of the SA 4451. Mr. DORGAN submitted an jectory of oil and natural gas. State’s Black population, Mississippi had amendment intended to be proposed to (5) A review of the effect of subsea hydro- one of the lowest percentages of Black reg- amendment SA 4402 proposed by Mr. REID carbons (all concentrations including down istered voters in the country; (for Mr. BAUCUS (for himself, Ms. LANDRIEU, to hydrocarbon chains in solution) on all lev- Whereas three civil rights volunteers lost and Mr. REID)) to the bill H.R. 5297, supra; els of the food web, including evaluations of their lives in their attempts to secure voting which was ordered to lie on the table. seafood safety, toxicity to individuals, nega- rights for Blacks; SA 4452. Mr. DORGAN submitted an tive impacts to reproduction, bioaccumula- Whereas Andrew Goodman was a White 20- amendment intended to be proposed to tion, growth, and such other matters as the year-old anthropology major from Queens amendment SA 4402 proposed by Mr. REID Under Secretary considers appropriate. College who volunteered for the ‘‘Freedom (for Mr. BAUCUS (for himself, Ms. LANDRIEU, (6) Development of recommendations on Summer’’ project; and Mr. REID)) to the bill H.R. 5297, supra; priorities for improving forecasting of move- Whereas James Chaney was a 21-year-old which was ordered to lie on the table. ment of subsea hydrocarbons. African-American from Meridian, Mis- SA 4453. Mr. THUNE (for himself, Mr. (7) Development of recommendations for sissippi, who became a civil rights activist, JOHANNS, Mr. COBURN, Mr. ISAKSON, Mr. long-term remote monitoring of subsea hy- joining the Congress of Racial Equality INHOFE, and Mr. BOND) submitted an amend- drocarbons after a spill, including dissolved (CORE) in 1963 to work on voter registration ment intended to be proposed to amendment oxygen impacts. and education; SA 4402 proposed by Mr. REID (for Mr. BAU- (8) Development of recommendations for Whereas Michael ‘‘Mickey’’ Schwerner was CUS (for himself, Ms. LANDRIEU, and Mr. implementation of a Subsea Hydrocarbon a 24-year-old White man from Brooklyn, New REID)) to the bill H.R. 5297, supra; which was Monitoring and Assessment program within York, who was a CORE field secretary in ordered to lie on the table. the Office of Response and Restoration. Mississippi and a veteran of the civil rights SA 4454. Mr. THUNE submitted an amend- (c) PROGRAM REQUIRED.—Not later than 1 movement; ment intended to be proposed to amendment year after the date of the enactment of this Whereas on the morning of June 21, 1964, SA 4402 proposed by Mr. REID (for Mr. BAU- Act, the Under Secretary shall establish a the three men left the CORE office in Merid- CUS (for himself, Ms. LANDRIEU, and Mr. hydrocarbon monitoring and assessment pro- ian, Mississippi, and set out for Longdale, REID)) to the bill H.R. 5297, supra; which was gram. Such program shall be based on the Mississippi, where they were to investigate ordered to lie on the table.

VerDate Mar 15 2010 02:17 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G12JY6.034 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE July 12, 2010 CONGRESSIONAL RECORD — SENATE S5749 TEXT OF AMENDMENTS the Administrator may guarantee the timely ‘‘(F) SUNSET.—The Administrator may not payment of loans made to turnaround small guarantee a loan under the program after business concerns to address cash flow dif- the date that is 22 months after the date of SA 4449. Mr. WEBB (for himself, Mr. ficulties. enactment of this paragraph. NELSON of Florida and Mr. WARNER) ‘‘(C) STANDARDS FOR SMALL BUSINESS TURN- ‘‘(G) FUNDING.— submitted an amendment intended to AROUND LOANS.— ‘‘(i) SMALL BUSINESS LENDING FUND.—The be proposed to amendment SA 4402 pro- ‘‘(i) IN GENERAL.—In consultation with the Secretary may transfer from the Small Busi- posed by Mr. REID (for Mr. BAUCUS (for Secretary, the Administrator shall issue ness Lending Fund established under section 3103 of the Small Business Jobs Act of 2010 to himself, Ms. LANDRIEU, and Mr. REID)) rules establishing qualifying criteria for the Administrator such sums as are nec- to the bill H.R. 5297, to create the loans guaranteed under the program. ‘‘(ii) SPECIFIC BORROWER REQUIREMENTS.— essary to carry out this paragraph, which Small Business Lending Fund Program The rules issued under clause (i) shall re- shall be available to the Administrator, to direct the Secretary of the Treasury quire a turnaround small business concern without further appropriation or fiscal year to make capital investments in eligible applying for a loan guaranteed under the limitation. institutions in order to increase the program to submit— ‘‘(ii) AUTHORIZATION.—There are authorized availability of credit for small busi- ‘‘(I) a business plan that includes— to be appropriated to the Administrator such nesses, to amend the Internal Revenue ‘‘(aa) data on the performance before the sums as are necessary to carry out this para- Code of 1986 to provide tax incentives date of the application, and projections, of graph.’’. for small business job creation, and for the turnaround small business concern; Mr. DORGAN submitted an other purposes; which was ordered to ‘‘(bb) a detailed description of the factors SA 4451. that led to the economic difficulties of the amendment intended to be proposed to lie on the table; as follows: turnaround small business concern; amendment SA 4402 proposed by Mr. At the end of title II, insert the following: ‘‘(cc) a discussion of how the turnaround REID (for Mr. BAUCUS (for himself, Ms. Subtitle C—Other Relief small business concern responded to the eco- LANDRIEU, and Mr. REID)) to the bill SEC. l. GUIDANCE ON TAX TREATMENT OF nomic difficulties; and H.R. 5297, to create the Small Business LOSSES RELATED TO TAINTED ‘‘(dd) a detailed description of the pro- DRYWALL AS CASUALTY LOSS DE- jected outlook for the turnaround small Lending Fund Program to direct the DUCTIONS. business concern; and Secretary of the Treasury to make cap- Not later than the due date, including ex- ‘‘(II) subject to clause (iii), documentation ital investments in eligible institu- tension, for filing a return of tax for taxable establishing— tions in order to increase the avail- year 2009, the Secretary of the Treasury ‘‘(aa) a history of a positive net income; ability of credit for small businesses, shall issue guidance with respect to the ‘‘(bb) recent success of the business of the to amend the Internal Revenue Code of availability of a casualty loss deduction turnaround small business concern, which 1986 to provide tax incentives for small under section 165(c)(3) of the Internal Rev- shall include documentation that the turn- business job creation, and for other enue Code of 1986 for a taxpayer who has sus- around small business concern has had in- tained a loss due to defective or tainted creasing revenue for not less than the 2 con- purposes; which was ordered to lie on drywall, including drywall imported from secutive quarters before the date of the ap- the table; as follows: China. plication; and On page 41, between lines 3 and 4, insert ‘‘(cc) that the turnaround small business the following: SA 4450. Mr. BROWN of Ohio sub- concern has had repeated and substantial dif- SEC. 1137. HUBZONE DEFINITIONS. mitted an amendment intended to be ficulty in obtaining credit elsewhere. Section 3(p)(4)(B) of the Small Business proposed to amendment SA 4402 pro- ‘‘(iii) WAIVER AUTHORITY.—The Adminis- Act (15 U.S.C. 632(p)(4)(B)) is amended— posed by Mr. REID (for Mr. BAUCUS (for trator may waive any requirement under (1) in clause (i), by striking ‘‘section himself, Ms. LANDRIEU, and Mr. REID)) clause (ii)(II) if the Administrator deter- 42(d)(5)(C)(ii)’’ and inserting ‘‘section to the bill H.R. 5297, to create the mines that the waiver is supported by miti- 42(d)(5)(B)(ii)’’; and gating factors included in the business plan Small Business Lending Fund Program (2) in clause (ii)— submitted by a turnaround small business (A) in subclause (II), by striking ‘‘or’’ at to direct the Secretary of the Treasury concern under clause (ii)(I). to make capital investments in eligible the end; ‘‘(iv) MINIMIZE ADMINISTRATIVE BURDEN.— (B) in subclause (III)— institutions in order to increase the The rules issued under clause (i) shall, to the (i) by striking ‘‘section 42(d)(5)(C)(iii)’’ and availability of credit for small busi- extent practicable, minimize paperwork, inserting ‘‘section 42(d)(5)(B)(iii)’’; and nesses, to amend the Internal Revenue minimize administrative burden on lenders (ii) by striking the period at the end and Code of 1986 to provide tax incentives and applicants, and maximize clarity in inserting ‘‘; or’’; and for small business job creation, and for guidelines. (C) by adding at the end the following: ‘‘(D) MAXIMUM LOAN LIMITS FOR SMALL ‘‘(IV) the population, based on the most re- other purposes; which was ordered to BUSINESS TURNAROUND LOANS.—Notwith- lie on the table; as follows: cent census data, has decreased by not less standing paragraph (3)(A), a loan may not be than 10 percent since 1980.’’. On page 113, between lines 17 and 18, insert guaranteed under this paragraph if the total the following: amount outstanding and committed (by par- SA 4452. Mr. DORGAN submitted an SEC. 1348. SMALL BUSINESS TURNAROUND LOAN ticipation or otherwise) to the borrower from PROGRAM. the business loan and investment fund estab- amendment intended to be proposed to Section 7(a) of the Small Business Act (15 lished by this Act would exceed $5,000,000. amendment SA 4402 proposed by Mr. U.S.C. 636(a)), as amended by section 1206 of ‘‘(E) GUARANTEES, FEES, AND COST REPAY- REID (for Mr. BAUCUS (for himself, Ms. this Act, is amended by adding at the end MENT.— LANDRIEU, and Mr. REID)) to the bill the following ‘‘(i) GUARANTEES FOR SMALL BUSINESS H.R. 5297, to create the Small Business ‘‘(36) SMALL BUSINESS TURNAROUND LOAN TURNAROUND LOANS.—The Administrator Lending Fund Program to direct the PROGRAM.— may— Secretary of the Treasury to make cap- ‘‘(A) DEFINITIONS.—In this paragraph— ‘‘(I) except as provided in subclause (II), ital investments in eligible institu- ‘‘(i) the term ‘program’ means the Turn- guarantee not more than 95 percent of a loan around Loan Program established under sub- under the program; and tions in order to increase the avail- paragraph (B); ‘‘(II) guarantee not more than 100 percent ability of credit for small businesses, ‘‘(ii) the term ‘turnaround small business of a loan under the program if a loan is also to amend the Internal Revenue Code of concern’ means a small business concern made to the applicant under a State other 1986 to provide tax incentives for small that— credit support program under section 3206 of business job creation, and for other ‘‘(I) is economically distressed, as deter- the Small Business Jobs Act of 2010. purposes; which was ordered to lie on mined by the Administrator; ‘‘(ii) FEES.—With respect to each loan the table; as follows: ‘‘(II) has a history of a positive net income; guaranteed under the program, the Adminis- ‘‘(III) has had recent success in the busi- trator shall collect no fee. On page 41, between lines 3 and 4, insert ness of the small business concern; and ‘‘(iii) REPAYMENT FOR UNDERWRITING the following: ‘‘(IV) has the potential to increase the COSTS.—If a turnaround small business con- SEC. 1137. REDESIGNATED AREAS. business of the small business concern; and cern makes timely payment of a loan guar- Section 3(p)(4)(C)(i) of the Small Business ‘‘(iii) the term ‘Secretary’ means the Sec- anteed under the program for all of the 3- Act (15 U.S.C. 632(p)(4)(C)(i)) is amended to retary of the Treasury. year period beginning on the date of the read as follows: ‘‘(B) ESTABLISHMENT.—Not later than 120 loan, the Administrator shall make a pay- ‘‘(i) 3 years after the first date on which days after the date of enactment of this ment to the lender in an amount equal to 1 the Administrator publishes a HUBZone map paragraph, the Administrator shall establish percent of the amount of the loan, for the that is based on the results from the 2010 de- a Turnaround Loan Program under which cost of underwriting the loan. cennial census; or’’.

VerDate Mar 15 2010 02:17 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\A12JY6.028 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5750 CONGRESSIONAL RECORD — SENATE July 12, 2010 SA 4453. Mr. THUNE (for himself, Mr. The purpose of the Business Meeting and unexpended balances in the Fund that JOHANNS, Mr. COBURN, Mr. ISAKSON, Mr. is to consider pending legislation. the Archivist of the United States deter- INHOFE, and Mr. BOND) submitted an For further information, please con- mines to be in excess of those needed for cap- amendment intended to be proposed to tact Sam Fowler at (202) 224–7571 or ital equipment or a reasonable operating re- serve’’.¿ amendment SA 4402 proposed by Mr. Amanda Kelly at (202) 224–6836. (1) in paragraph (1), by striking ‘‘not to ex- REID (for Mr. BAUCUS (for himself, Ms. IMPEACHMENT TRIAL COMMITTEE ON THE ARTI- ceed 4 percent’’ and inserting ‘‘not to exceed 10 LANDRIEU, and Mr. REID)) to the bill CLES AGAINST JUDGE G. THOMAS PORTEOUS, percent’’; and H.R. 5297, to create the Small Business JR. (2) in paragraph (2), by striking ‘‘Funds in ex- Lending Fund Program to direct the Mrs. MCCASKILL. Mr. President, I cess of the 4 percent at the close of each fiscal Secretary of the Treasury to make cap- wish to announce that the Impeach- year’’ and inserting ‘‘Funds in excess of the 10 ital investments in eligible institu- ment Trial Committee on the Articles percent at the close of each fiscal year’’. tions in order to increase the avail- Against Judge G. Thomas Porteous, SEC. 3. GRANTS FOR ESTABLISHMENT OF STATE AND LOCAL DATABASES FOR ability of credit for small businesses, Jr., will meet on Tuesday, July 13, 2010, RECORDS OF SERVITUDE, EMANCI- to amend the Internal Revenue Code of at 2:30 p.m. or such other time as may PATION, AND POST-CIVIL WAR RE- 1986 to provide tax incentives for small be convenient, to conduct an executive CONSTRUCTION. business job creation, and for other business meeting. Section 8 of the Presidential Historical purposes; which was ordered to lie on For further information regarding Records Preservation Act of 2008 (44 U.S.C. 2504 note) is amended to read as follows: the table; as follows: this meeting, please contact Erin John- ‘‘SEC. 8. GRANTS FOR ESTABLISHMENT OF STATE Strike title III. son at 202–228–4133. AND LOCAL DATABASES FOR f RECORDS OF SERVITUDE, EMANCI- SA 4454. Mr. THUNE submitted an PATION, AND POST-CIVIL WAR RE- amendment intended to be proposed to NATIONAL HISTORICAL PUBLICA- CONSTRUCTION. amendment SA 4402 proposed by Mr. TIONS AND RECORDS COMMIS- ‘‘(a) IN GENERAL.—The Archivist of the United States, after considering the advice REID (for Mr. BAUCUS (for himself, Ms. SION and recommendations of the National His- LANDRIEU, and Mr. REID)) to the bill Mr. BROWN of Ohio. Mr. President, I torical Publications and Records Commis- H.R. 5297, to create the Small Business ask unanimous consent that the Sen- sion, may make grants to States, colleges Lending Fund Program to direct the ate proceed to the immediate consider- and universities, museums, libraries, and Secretary of the Treasury to make cap- ation of Calendar No. 438, S. 2872. genealogical associations to preserve records ital investments in eligible institu- and establish electronically searchable data- The PRESIDING OFFICER. Without bases consisting of local records of servitude, tions in order to increase the avail- objection, it is so ordered. ability of credit for small businesses, emancipation, and post-Civil War recon- The clerk will state the bill by title. struction. to amend the Internal Revenue Code of The legislative clerk read as follows: ‘‘(b) MAINTENANCE.—Any database estab- 1986 to provide tax incentives for small A bill (S. 2872) to authorize appropriations lished using a grant under this section shall business job creation, and for other for the National Historical Publications and be maintained by appropriate agencies or in- purposes; which was ordered to lie on Records Commission through fiscal year stitutions designated by the Archivist of the the table; as follows: 2014, and for other purposes. United States.’’. At the end of part IV of subtitle C of title There being no objection the Senate Mr. BROWN of Ohio. Mr. President, I I, add the following: proceeded to consider the bill, which ask unanimous consent that the com- SEC. 1348. POLICY ON SUPPORT OF COMPETITIVE had been reported from the Committee mittee-reported amendments be agreed ENTERPRISE SYSTEM. on Homeland Security and Govern- to, the bill, as amended, be read the (a) FINDING.—Congress finds that the com- third time and passed; that the mo- petitive enterprise system, including small mental Affairs, with amendments, as business concerns, is— follows: tions to reconsider be laid upon the (1) characterized by individual freedom and (The parts of the bill intended to be table, with no intervening action or de- initiative; and stricken are shown in boldface brack- bate; that any statements related to (2) the primary source of economic ets and the parts of the bill intended to the bill be printed in the RECORD. strength of the United States. be inserted are shown in italics.) The PRESIDING OFFICER. Without (b) POLICY.—Section 2 of the Small Busi- objection, it is so ordered. S. 2872 ness Act (15 U.S.C. 631) is amended by adding The committee amendments were at the end the following: Be it enacted by the Senate and House of Rep- agreed to. resentatives of the United States of America in ‘‘(k) POLICY ON SUPPORT OF COMPETITIVE The bill (S. 2872), as amended, was or- ENTERPRISE SYSTEM.—It is the declared pol- Congress assembled, dered to be engrossed for a third read- icy of Congress that the Federal Govern- SECTION 1. AUTHORIZATION OF APPROPRIA- ment— TIONS THROUGH FISCAL YEAR 2014 ing, was read the third time, and ‘‘(1) should support the competitive enter- FOR NATIONAL HISTORICAL PUBLI- passed. CATIONS AND RECORDS COMMIS- prise system of the United States, including f small business concerns; SION. ‘‘(2) should not compete with the citizens Section 2504(g)(1) of title 44, United States CORRECTING THE ENROLLMENT of the United States; Code, is amended— OF H.R. 3360 ‘‘(3) should rely on commercial sources to (1) in subparagraph (R), by striking ‘‘and’’; (2) in subparagraph (S), by striking the pe- Mr. BROWN of Ohio. Mr. President, I supply the products and services required by ask unanimous consent that the Sen- the Federal Government; and riod and inserting ‘‘; and’’; and ‘‘(4) should avoid starting or carrying out (3) by adding at the end of the following: ate proceed to the immediate consider- ø any activity that provides a product or serv- ‘‘(T) $13,000,000 for fiscal year 2010, ation of H. Con. Res. 289, which was re- ice that can be procured more effectively and $13,500,000 for fiscal year 2011, $14,000,000 for ceived from the House and is at the efficiently from a nongovernmental source.’’. fiscal year 2012, $14,500,000 for fiscal year desk. 2013, and $15,000,000 for fiscal year 2014.¿ f The PRESIDING OFFICER. The ‘‘(T) $10,000,000 for each of fiscal years 2010, clerk will report the concurrent resolu- 2011, 2012, 2013, and 2014.’’. NOTICES OF HEARINGS tion by title. SEC. 2. INCREASED FLEXIBILITY FOR ARCHIVIST COMMITTEE ON ENERGY AND NATURAL IN THE RECORDS CENTER REVOLV- The legislative clerk read as follows: RESOURCES ING FUND. A concurrent resolution (H. Con. Res. 289) Mr. BINGAMAN. Mr. President, I Subsection (d) under the heading ‘‘RECORDS directing the Clerk of the House of Rep- would like to announce for the infor- CENTER REVOLVING FUND ’’ in title IV of the resentatives to make a technical correction mation of the Senate and the public Independent Agencies Appropriations Act, in the enrollment of H.R. 3360. that a Business Meeting has been 2000 (Public Law 106-58; 113 Stat. 460; 44 There being no objection, the Senate scheduled before the Committee on En- U.S.C. 2901 note), is amended— proceeded to consider the concurrent ø ergy and Natural Resources. The busi- (1) in paragraph (1), by striking ‘‘not to resolution. exceed 4 percent’’ and inserting ‘‘determined ness meeting will be held on Thursday, by the Archivist of the United States’’; and Mr. BROWN of Ohio. Mr. President, I July 15, 2010, at 10:15 a.m., in room SE– (2) in paragraph (2), by striking ‘‘Funds in ask unanimous consent that the con- 366 of the Dirksen Senate Office Build- excess of the 4 percent at the close of each current resolution be agreed to and the ing. fiscal year’’ and inserting ‘‘Any unobligated motion to reconsider be laid upon the

VerDate Mar 15 2010 02:49 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\A12JY6.029 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE July 12, 2010 CONGRESSIONAL RECORD — SENATE S5751 table, with no intervening action or de- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- To be lieutenant colonel DINARY AND PLENIPOTENTIARY OF THE UNITED STATES bate. OF AMERICA TO THE REPUBLIC OF ALBANIA. SUSAN M. CEBULA The PRESIDING OFFICER. Without PAMELA E. BRIDGEWATER AWKARD, OF VIRGINIA, A MARIAM A. HAMIDI CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, KYUNG S. KIM objection, it is so ordered. CLASS OF CAREER MINISTER, TO BE AMBASSADOR EX- PHIL J. KIM The concurrent resolution (H. Con. TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED ANNE M. MCCARTNEY STATES OF AMERICA TO JAMAICA. RANDY E. MUCCIOLI Res. 289) was agreed to. MICHELE THOREN BOND, OF THE DISTRICT OF COLUM- RONALD E. PRENZEL BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- MARK E. RANSCHAERT f ICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBAS- ASTRID A. RECIO SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF RYAN L. SNYDER APPOINTMENT THE UNITED STATES OF AMERICA TO THE KINGDOM OF JAE Y. SONG LESOTHO. CATHLEEN A. STERLING The PRESIDING OFFICER. The PAUL W. JONES, OF NEW YORK, A CAREER MEMBER OF STEPHEN J. VELEZ Chair announces, on behalf of the THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- LISA N. YARBROUGH President pro tempore, pursuant to COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND D070757 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT P.L. 110–315, the appointment of the TO MALAYSIA. TO THE GRADE INDICATED IN THE UNITED STATES following to be a member of the Na- PHYLLIS MARIE POWERS, OF VIRGINIA, A CAREER ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., SEC- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF TIONS 624 AND 3064: tional Advisory Committee on Institu- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- To be lieutenant colonel tional Quality and Integrity: Mr. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF PANAMA. JOHN S. AITA Wildred M. McClay, of Tennessee, vice FRANCIS JOSEPH RICCIARDONE, JR., OF MASSACHU- PHILIP A. ALBANEZE Michael Poliakoff. SETTS, A CAREER MEMBER OF THE SENIOR FOREIGN SYED O. ALI SERVICE, CLASS OF CAREER MINISTER, TO BE AMBAS- MARK I. ANDERSON Mr. BROWN of Ohio. Mr. President, I SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF MIKE L. ANDERSON suggest the absence of a quorum. THE UNITED STATES OF AMERICA TO THE REPUBLIC OF ALLAN H. ANDREWS TURKEY. GERARD M. ANTOINE The PRESIDING OFFICER. The DUANE E. WOERTH, OF NEBRASKA, FOR THE RANK OF BRYAN L. BACON clerk will call the roll. AMBASSADOR DURING HIS TENURE OF SERVICE AS REP- JAY B. BAKER RESENTATIVE OF THE UNITED STATES OF AMERICA ON TIKI BAKHSHI The legislative clerk proceeded to THE COUNCIL OF THE INTERNATIONAL CIVIL AVIATION JEFFREY G. BARNES call the roll. ORGANIZATION. KRISTEN M. BAUER Mr. BROWN of Ohio. Mr. President, I UNITED STATES AGENCY FOR INTERNATIONAL MICHAEL D. BECKER DAVID G. BELL DEVELOPMENT ask unanimous consent that the order TAMARA L. BIEGA for the quorum call be rescinded. NISHA DESAI BISWAL, OF THE DISTRICT OF COLUMBIA, TIMOTHY J. BIEGA TO BE AN ASSISTANT ADMINISTRATOR OF THE UNITED DUSTIN L. BOYER The PRESIDING OFFICER. Without STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, TIMOTHY C. BRAND objection, it is so ordered. VICE JAMES R. KUNDER, RESIGNED. MILLARD D. BROWN III LISABETH A. BUSH f DEPARTMENT OF STATE ANDREW P. CAP DIMITRI C. CASSIMATIS ROBERT P. MIKULAK, OF VIRGINIA, FOR THE RANK OF MICKEY S. CHO ORDERS FOR TUESDAY, JULY 13, AMBASSADOR DURING HIS TENURE OF SERVICE AS KEVIN K. CHUNG UNITED STATES REPRESENTATIVE TO THE ORGANIZA- 2010 PATRICK B. COOPER TION FOR THE PROHIBITION OF CHEMICAL WEAPONS. MARK S. CRAGO Mr. BROWN of Ohio. Mr. President, I DEPARTMENT OF EDUCATION HOWARD L. CURLIN ask unanimous consent that when the HEATHER M. CURRIER SEAN P. BUCKLEY, OF NEW YORK, TO BE COMMIS- KIMBERLY M. DEVORE Senate completes its business today, it SIONER OF EDUCATION STATISTICS FOR A TERM EXPIR- ROGER H. DUDA adjourn until 10 a.m. on Tuesday, July ING JUNE 21, 2015, VICE MARK S. SCHNEIDER, RESIGNED. GARY W. DUFRESNE IN THE AIR FORCE SCOTT A. EADER 13; that following the prayer and DAWN E. ELLIOTT pledge, the Journal of proceedings be THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANTHONY J. FADELL IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ERIC P. FILLMAN approved to date, the morning hour be CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BRIAN T. FOGARTY deemed expired, the time for the two AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ANDREW J. FOSTER leaders be reserved for their use later 601: GREGG G. GERASIMON To be lieutenant general LEONARD J. GRADO in the day; that following any leader JANE GROSS MAJ. GEN. DOUGLAS H. OWENS JENNIFER M. GURNEY remarks, the Senate proceed to a pe- CHARLES G. HAISLIP riod of morning business, with Sen- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JILL C. HASLING IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- JOSHUA S. HAWLEY ators permitted to speak therein for up CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE JAMES R. HEMPEL to 10 minutes each; and that the Sen- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ROBERTO HENNESSY ate recess from 12:30 p.m. until 2:15 601: SANDRA L. HERNANDEZ To be lieutenant general PATRICK W. HICKEY p.m. to allow for the weekly caucus JASON M. HILES MAJ. GEN. MICHAEL R. MOELLER AARON Z. HOOVER meetings. CHRISTOPHER H. HOYT The PRESIDING OFFICER. Without IN THE ARMY LINDA L. HUFFER MARC A. HULTQUIST THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. ABEL D. JARELL TO THE GRADE INDICATED IN THE UNITED STATES ARMY SEAN P. JAVAHERI f UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW R. JEZIOR PROGRAM To be brigadier general ERIC K. JOHNSON JASON M. JOHNSON Mr. BROWN of Ohio. Mr. President, COL. DAVID G. FOX JOSEPH P. JOHNSON IN THE NAVY GLENN J. KERR tomorrow, the majority leader wishes DAVID J. KERSBERGEN to resume consideration of H.R. 5297, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATHERINE A. KIMBALLEAYRS IN THE UNITED STATES NAVY TO THE GRADE INDICATED SOO H. KIMDELIO the small business jobs bill. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JOHN T. KOLISNYK f RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: KENNETH D. KUHN To be vice admiral MARTIN L. LADWIG ADJOURNMENT UNTIL 10 A.M. SAMARA A. LAYNOR REAR ADM. CHARLES J. LEIDIG, JR. KEVIN J. LEARY TOMORROW JAMES R. LEE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH C. LEE Mr. BROWN of Ohio. Mr. President, if IN THE UNITED STATES NAVY TO THE GRADE INDICATED KEITH M. LEMMON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEREK R. LINKLATER there is no further business to come be- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PHILIP D. LITTLEFIELD fore the Senate, I ask unanimous con- To be vice admiral RICHARD C. LIU sent that it adjourn under the previous HUY Q. LUU REAR ADM. WILLIAM E. LANDAY III CRAIG L. MADDOX order. MICHAEL B. MADKINS There being no objection, the Senate, IN THE MARINE CORPS PAMELA M. MALLARI SALIM B. MATHEW THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LISA M. MAXWELL at 6:44 p.m., adjourned until Tuesday, TO THE GRADE OF LIEUTENANT GENERAL IN THE MATTHEW M. MAYFIELD July 13, 2010, at 10 a.m. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A JAMES S. MCCLELLAN, JR. POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER BRUCE M. MCCLENATHAN f TITLE 10, U.S.C., SECTION 601: REBECCA M. MCGUIGAN NOMINATIONS To be lieutenant general ROBERT MEADOWS JON H. MEYERLE Executive nominations received by MAJ. GEN. JOHN E. WISSLER MARK W. MEYERMANN IN THE ARMY JEFFREY A. MIKITA the Senate: JOEL T. MONCUR DEPARTMENT OF STATE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER H. MOON TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANTHONY J. MORTON ALEXANDER A. ARVIZU, OF VIRGINIA, A CAREER MEM- DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 VISETH NGAUY BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- AND 3064: HANG T. NGUYEN

VerDate Mar 15 2010 02:17 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4637 Sfmt 9801 E:\CR\FM\G12JY6.039 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE S5752 CONGRESSIONAL RECORD — SENATE July 12, 2010 VIET N. NGUYEN EUGENE K. SOH To be lieutenant commander JOSEPH J. NOVACK III BRYONY W. SOLTIS PETER ORIO DOMINIC L. STORTO JASON L. RICH SHANE E. OTTMANN MATTHEW A. STUDER BRUNO A. SCHMITZ RAUL G. PALACIOS THOMAS L. SUTTON THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JASON A. PATES MICHAEL J. TARPEY MENT TO THE GRADE INDICATED IN THE REGULAR NAVY THOMAS P. POEPPING RENEE THAI UNDER TITLE 10, U.S.C., SECTION 531: PATRICK J. POLLOCK SARO VERGHESE MARCUS C. PONCE DE LEON EDUARDO M. VIDAL To be lieutenant commander MARK D. PORTER TODD C. VILLINES GORDON PRAIRIE KAREN S. VOGT WENDY C. GAZA LOUIS M. RADNOTHY RODNEY C. WADLEY WILLIAM J. LAGALY MARY L. REED MELVIN E. WAGNER JONATHON N. LIMPERT MARK E. REYNOLDS CHRISTOPHER H. WARNER PATRICIA A. LIMPERT JOHN L. RITTER DANIEL S. WASHBURN BRUCE A. RIVERS MICHAEL B. WATTO CHRISTOPHER J. ROACH THOMAS J. WEBER f BRIAN D. ROBERTSON WILLIAM B. WEISS STEVEN J. ROGERS, JR. DANIEL M. WENZELL PAUL M. RYAN ERIC H. WEPPLER AARON A. SAGUIL JOHN L. WESTHOFF II CONFIRMATION RUBEN SALINAS, JR. JEAN S. WHITTEN ELIZABETH M. SAWYER TANYA M. WROBLEWSKI Executive nomination confirmed by SHAWNA E. SCULLY BRADLEY N. YOUNGGREN the Senate Monday, July 12, 2010: CRAIG S. SEE D010009 MARK F. SEWELL IN THE NAVY THE JUDICIARY JOHN H. SHERNER III MATTHEW W. SHORT THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- SHARON JOHNSON COLEMAN, OF ILLINOIS, TO BE PATRICIA A. SHORT MENT TO THE GRADE INDICATED IN THE REGULAR NAVY UNITED STATES DISTRICT JUDGE FOR THE NORTHERN MICHAEL SIMPSON UNDER TITLE 10, U.S.C., SECTION 531: DISTRICT OF ILLINOIS.

VerDate Mar 15 2010 02:17 Jul 13, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4637 Sfmt 9801 E:\CR\FM\A12JY6.003 S12JYPT1 smartinez on DSKG8SOYB1PROD with SENATE