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

Vol. 155 WASHINGTON, THURSDAY, SEPTEMBER 24, 2009 No. 136 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING will vitiate the cloture vote and what called to order by the Honorable MARK PRESIDENT PRO TEMPORE we will do—because of the heavy work- L. PRYOR, a Senator from the State of The PRESIDING OFFICER. The load of the Finance Committee, and I Arkansas. clerk will please read a communication have spoken to the necessary folks in to the Senate from the President pro this regard—we will schedule a time PRAYER tempore (Mr. BYRD). this afternoon to have a block of votes so they can come over at once and not The PRESIDING OFFICER. Today’s The assistant legislative clerk read have to keep going back and forth. We opening prayer will be offered by the the following letter: hope to work that out. Reverend Mac Richard, Senior Pastor U.S. SENATE, We made progress on this legislation of Lake Hills Church in Austin, TX. PRESIDENT PRO TEMPORE, yesterday, and if we can get these The guest Chaplain offered the fol- Washington, DC, September 24, 2009. To the Senate: block of votes out of the way, we will lowing prayer: Under the provisions of rule I, paragraph 3, move on to our next appropriations Let us pray. of the Standing Rules of the Senate, I hereby bill, which will be the Defense appro- Our Lord and our God, we thank You appoint the Honorable MARK L. PRYOR, a priations bill. This comes at a very im- for Your favor and Your goodness to Senator from the State of Arkansas, to per- portant time in the history of our our Nation. Lord, in this room where form the duties of the Chair. country, with troops coming out of decisions are made on behalf of mil- ROBERT C. BYRD, President pro tempore. Iraq and the situation we have devel- lions of people, we pause to acknowl- oping in Afghanistan. Mr. President, edge Your power and to thank You for Mr. PRYOR thereupon assumed the you can announce morning business the gift of good government. chair as Acting President pro tempore. now. f Thank You, Lord, for each woman f and man who has chosen to serve and RECOGNITION OF THE MAJORITY lead in this place. I ask that You would LEADER RESERVATION OF LEADER TIME bless them, bless and protect their fam- The ACTING PRESIDENT pro tem- ilies who also sacrifice so that they The ACTING PRESIDENT pro tem- pore. The majority leader is recog- pore. Under the previous order, the might serve. Father, we come to You leadership time is reserved. and ask that You would grant wisdom nized. in this place. Give our leaders eyes to f f see what might be and the courage to SCHEDULE MORNING BUSINESS truly lead our Nation. The ACTING PRESIDENT pro tem- Lord, You have blessed us with so Mr. REID. Mr. President, following pore. Under the previous order, the much prosperity, so much opportunity. leader remarks, there will be a period Senate will proceed to a period of May we be faithful with the responsi- of morning business, for up to 1 hour, morning business for up to 1 hour, with bility these blessings carry. Thank You with Senators permitted to speak for Senators permitted to speak for up to for the promise of this new day, for the up to 10 minutes each. We will have the 10 minutes each, with the time equally freedom to approach and worship You, morning hour extended until 10:30 so divided and controlled between the two and for the ultimate liberty we enjoy the Democrats and Republicans can di- leaders or their designees, with the Re- in relationship with You. vide up that time because we have a cloture vote set for 10:30. The Repub- publicans controlling the first half and Father, I ask this prayer in the pow- the majority controlling the second erful Name of Jesus. Amen. licans will control the first half and the Democrats will control the second half. half. The majority leader. f Following morning business, the Sen- f ate will resume consideration of the In- PLEDGE OF ALLEGIANCE terior appropriations bill. Mr. Presi- FILING DEADLINE The Honorable MARK L. PRYOR led dent, I have spoken to the necessary Mr. REID. Mr. President, I forgot to the Pledge of Allegiance, as follows: parties this morning, and I think we announce that the filing deadline for I pledge allegiance to the Flag of the are going to be able to work out an second-degree amendments is at 10:30 United States of America, and to the Repub- agreement so we will not have to have this morning. lic for which it stands, one nation under God, the cloture vote. I hope that is the The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. case. If, in fact, that is the case, we pore. The Senator from Tennessee.

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

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VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9762 CONGRESSIONAL RECORD — SENATE September 24, 2009 HEALTH CARE tion or to provide Pell grants and stu- work he has been doing. First of all, I Mr. ALEXANDER. Mr. President, I dent loans so Americans can go back to would ask my friend if he has had the see the majority leader is still on the school. Those are the things govern- same experience I have had at townhall floor, and I wish to thank him and the ment ought to be spending money on, meetings and that is from one of the Republican leader for organizing last not on increasing debt. hand-done signs—not printed-out signs night’s reception honoring Henry Clay, So health care reform is, first, about but one of the hand-done signs—which a great Senator, whose portrait will be cost—the cost to Americans for their says: Have you read the bill? One of the hanging in the stairway outside of own health care policies and the cost of first questions at the townhall meeting here. There was a time in history when their debt. The President noted this was: Have you read the bill? Of course, Henry Clay, Daniel Webster, and John the other night and said in his remarks that is an impossibility for anyone to Calhoun were better known than the to us and to the American people that read the bill because there is no bill be- the health care bill couldn’t add one Presidents of the United States. That fore the Finance Committee, it is my dime to the deficit. That is reassuring was in the 1850s, before the Civil War. understanding. I understand it is about because the President’s proposals are It was good to take a moment all to- 200 pages of a ‘‘framework.’’ I think the already adding $9 trillion to the deficit gether, Democrats and Republicans, Senator from Tennessee and I are keen- over the next 10 years. He is doubling and think about that history and to ly aware that many times there is a or tripling the national debt, which honor the man who was known as the comma, a word inserted here, a word means he is adding more to the debt by great compromiser, who during a time taken out there which changes the en- a factor of two and then three than all when our Nation was completely split tire legislative impact. the other Presidents put together. So over the Civil War, on three different The American people are a lot smart- surely we don’t want to add more to it occasions, found a way to try to bring er than we give them credit for. They with a health care reform bill. know that in the middle of the night, it together. Of course, he died before But when the President said that, he many times legislation is written and the great war. completely wiped out all the Demo- Mr. President, I ask unanimous con- turned into the kind of legislation cratic health care bills that have been sent that during the Republican morn- that, frankly, unless you go through it proposed so far from the House and ing business time I be permitted to page by page, word by word, you don’t from the Senate. The Congressional enter into a colloquy with my col- know the final impact. So what I, first, Budget Office has said the Senate leagues Senator MCCAIN, Senator HELP Committee and the bills in the wish to say to my friend from Ten- COBURN, Senator BROWNBACK, Senator House all add to the debt in the first 10 nessee is that apparently the Finance THUNE, and Senator MURKOWSKI, who years and in the years after that. So Committee is working to turn out a will be here shortly. they should be off the table, according legislative package that is not in legis- The ACTING PRESIDENT pro tem- to the President’s own standards. lative form, and I am curious how the pore. Without objection, it is so or- Now we are looking at the Finance Members would understand what is in dered. Committee in the Senate to see what it. Mr. ALEXANDER. Mr. President, they can do. Mr. BAUCUS, the Senator I guess the second point is, there is health care reform is the agenda for from Montana, has worked very hard in still no serious consideration of a cou- the Nation and it ought to be. We, on a good-faith, bipartisan way to try to ple of the fundamentals—medical mal- the Republican side, want health care develop a bipartisan bill—a comprehen- practice or medical liability reform or, reform, but we want the right kind of sive bill. But as we read the bill, there obviously, the ability to go across health care reform. Our focus is on are a great many things to be worried State lines to purchase insurance and costs. Our focus is on the cost to each about. For example, if you don’t buy a allowing small businesses to pool their American as he or she buys their health care plan, the IRS will tax you. assets so they can compete for health health care policy; our focus is on the The President and George Stephan- insurance policies that large corpora- cost of the Government of the United opoulos, on a Sunday show—and Sen- tions are able to. States, for which each American has a ator GRAHAM said the President seemed The other question I would ask, be- responsibility to pay. What we have to to be on every Sunday show except the cause I know my friend from Tennessee do is to reduce costs to make it easier Food Channel—were talking about the has had many roles in his long political for Americans to afford their health definition of tax. So that is the first life, has the Senator from Tennessee, care and to afford their government. thing. The second is the Medicare cuts. as a former Governor, had any contact Every single one of us knows that un- I see the Senator from Arizona has with the Governors and their organiza- less we reduce the increasing costs of come, and I would say to the Senator, tions as to how much additional costs health care we will not be able to pay through the Chair, we have received would be added to those States, which our bills in Washington, DC. We are in permission from the Chair to engage in are already in dire shape—certainly the midst of appropriations bills, and a colloquy between myself and other mine is—in the form of additional Med- there is well-meaning debate here Republican Senators who might come. icaid costs? about whether we should spend more I have already pointed out that the I notice the majority leader at first money for national parks and for safe President himself has disqualified all complained about the bill and the cost drinking water and other urgent needs the plans our committee worked on, it might accrue to his State of Nevada, we have. That is the bill we are talking the HELP Committee and from the but I guess that has been fixed to his about today—clean air. Well, we should House, because they all add to the satisfaction. But I don’t think the spend money on those urgent needs. debt. Now we see the Baucus plan com- other States—a State such as mine, Americans want us to do that. But we ing forward, and I wonder if the Sen- which is still looking at over a $50 bil- can’t have those dollars, as the Senator ator from Arizona has had an oppor- lion deficit—probably would be eager from Alabama pointed out yesterday, if tunity to look at—of course, that is not to absorb dramatically increased Med- we continue to increase the debt—tril- a bill yet. We all understand that. It is icaid costs. I wonder if my friend, a lions in debt—and run up the interest just concepts, and we will want to former Governor, former Cabinet mem- rate bill. make sure we have time to read the ber, former candidate for President, We are headed toward a situation bill and to know what it costs. But I former dog catch—excuse me, someone where, by the end of this decade, we wonder if the Senator from Arizona has who has had many roles in American will be spending $800 billion a year on had an opportunity yet to form an life, would respond to that. debt—more than we spend on national opinion about whether the Baucus bill Mr. ALEXANDER. One of my friends defense, eight times as much as we does what we had hoped, which is re- said to me after I was Governor: Roost- spend from Washington on education duce the cost to the American people of er today, feather duster tomorrow. And this year. So those dollars could either what their insurance costs and reduce I am afraid I am in the feather duster be in the pockets of the American peo- the cost to the American people of category. ple for them to spend for themselves or their government in Washington. The Senator has made a terrific we could be spending those dollars to Mr. MCCAIN. Well, I thank my col- point. I want to go to the Senator from clean the air, to relieve traffic conges- league from Tennessee and the great Oklahoma, who has just arrived, to

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9763 talk about this, one of the physicians Mr. ALEXANDER. I would say to the As a matter of fact, here is one of the in the Senate. But on the first point, Senator from Arizona, that is exactly things we know. In Florida, the drug we need to read the bill, and there is no right. The Congressional Budget Office dealers have switched from being drug bill. Yesterday, Republicans tried to did an analysis of the impact of Sen- dealers to Medicare suppliers because get the Finance Committee to say once ator BAUCUS’s plan on insurance pre- they can make more money defrauding there is a bill that at least for 72 hours miums. It showed the premiums for the Federal Government. It is harder it would be on the Internet. Then we those in the individual market would to get caught and the penalties, when need to know what it costs because go up. So, to the point of the Senator you are caught, are less than when you even the President said—— from Oklahoma, one of the effects of are dealing drugs. Consequently, we Mr. MCCAIN. If I might interrupt, if the one remaining bill that is being have all these people in the business of it were on the Internet for 72 hours, considered here, at a time when we are defrauding Medicare, and there has not maybe as many Americans who wanted trying to reduce the cost to Americans been a plan that has been effective in to would be able to read the bill them- of their policies and their government, cutting Medicare fraud because nobody selves. is that premiums would go up. knows—and the government is all Mr. ALEXANDER. They could let us Mr. COBURN. Premiums will. about Medicare. So it, by its very de- know what they think of it, and then Mr. MCCAIN. I have one very impor- sign, is designed to be defrauded. We we need to know what it costs. tant question. There is no one who has should make structural changes so it is As to Medicaid, every Governor in led the fight against waste, fraud, and not and with that get better care and America is worried about this. The abuse more than Dr. COBURN!. lower cost care, like paying for out- Democratic Governors and Republican Dr. COBURN, the President keeps say- comes rather than paying the Amer- Governors have said to us: If you want ing we will eliminate all this fraud and ican Medical Association to use their to expand the Medicaid Program, abuse and waste. If we can, why don’t CPT code. which the States pay 40 percent of, you we start tomorrow? Mr. ALEXANDER. The Senators pay for it because we can’t raise State Mr. COBURN. I agree. We have of- from South Dakota and Kansas have taxes or raise tuitions or cut the high- fered for years a couple of ways to do joined us. way program to do that. this. I think it is important for the Senator MCCAIN is leading a colloquy The Senator from Oklahoma heard American people to know how much on the Baucus bill and health care. Senator MCCAIN’s question. The Sen- there is. The Department of Health and I wonder, I ask Senator THUNE, if you ator from Oklahoma and Senator Human Services estimated in 2007— see the Baucus bill as a bill—it is not BARRASSO the Senator from Oklahoma that is the last year for which they a bill yet—that is likely to reduce has delivered thousands of babies, and have numbers—that $62 billion was im- costs? Mr. THUNE. I think that is the big the Senator from Wyoming is an ortho- properly paid out of Medicare. The pedic surgeon. They have been touring question about all of these various GAO, when they looked at that report, the country, listening to a lot of doc- pieces of legislation we have had in said: No, you are way off. It is at least tors and physicians and medical per- front of us. What do they do to reduce $85 billion, and we think it is higher. costs? Even the Congressional Budget sonnel. I wonder if you have a reaction, If you look at that, that is almost 20 Senator COBURN, to the questions of Office has said repeatedly, in this bill percent—20 cents out of every dollar— Senator MCCAIN? in particular, the Baucus bill, the most Medicaid pays out is lost to fraud. Why Mr. COBURN. First of all, let me say recent version of a health care reform my biggest concern for my patients in wouldn’t we fix that first rather than proposal here, there is a $1.7 trillion this whole debate is, will the American say that if we fix it, we are going to cost over 10 years when fully imple- consumer still have the power and the take it from Medicare and put it some- mented. ability to select who is going to give where else, when the trust fund, the HI If you actually look at what it does them this most personal of all care trust fund, the hospital insurance fund, for most people in this country, they when this is over? The answer to that is going to be belly-up in 2017? are going to see their health care costs is ‘‘no.’’ It is not ‘‘no’’ for everybody, Mr. ALEXANDER. Mr. President, I not go down but go up. The premiums but it is a ‘‘no’’ for half of the Amer- ask Senator COBURN, isn’t it true that, are actually going to increase. The rea- ican public. That is what it means. under the Baucus plan, about half of it son for that is many of the taxes im- Mr. MCCAIN. Would it be ‘‘no’’ for would be paid for by Medicare cuts, posed in the bill to help pay for the the individual who has employer-based which would then be spent on a new cost of the $1.7 trillion expansion are health care and that employer then program? going to get passed on. So the people opts for the so-called public option, Mr. COBURN. That is right. And who get hurt by this are hard-working which would be a government-run Medicare is already unsustainable. So Americans who are expecting, if Con- health program? Could that employee what is going to happen? There is an- gress is actually reforming health care, see the same doctor? other factor, which is we have it fixed that would mean health care costs, the Mr. COBURN. We don’t know, but that, with this bill, there will not be a costs people pay for premiums for their most likely half of them will not. The big cut to the payments to doctors health care coverage, would actually whole debate ought to be how do we get under Medicare. But in the years that go down. The Congressional Budget Of- more value out of the health care sys- follow that, there will be a 25-percent fice, under questions that were raised tem we have today rather than how do cut. If access is a problem for Medicare yesterday by some of our colleagues, we add more money to the cost of patients today, it is going to get worse. responded that dollar for dollar, those health care to cover more people. It is part of the lack of truth in this additional—those taxes that would be The reason my patients have trouble bill that they do not address what we imposed to pay for this would actually getting care is cost. Right now, they have set in motion to take dollars be passed on and you would see higher have choice, except if they are in Med- away from the health care industry. health care costs. icaid, and they have some choice if Mr. MCCAIN. May I ask Dr. COBURN So there has not been anything in they are in Medicare because we are again, if we start tomorrow, what can this entire debate yet, or any of the seeing a larger and larger percentage of we do? bills that have been put before various doctors who cannot afford to take the Mr. COBURN. The first thing is you committees or that eventually we as- Medicare reimbursements. But can put uncovered patients in the Medicare sume will be considered on the floor they afford the care? This bill does system and you put people in jail who here in the Senate and in the House of nothing to lower health care costs. It are defrauding Medicare. If 30 or 40 doc- Representatives, that has actually im- does nothing to lower health care tors went to jail in the next 6 months pacted costs in a way that they go costs. in this country, you would lower Medi- down, that reduces the overall cost for Mr. MCCAIN. Isn’t it true, in fact, care costs by 10 percent because all of the people in this country. that the Congressional Budget Office a sudden they would start thinking Furthermore—and I talked about has said that these increased costs, at about: I can’t skirt this. I can’t play this with the Senator from Tennessee; least half of them, will be passed on to this game. I can’t do it. The risk is too we had this discussion on the floor yes- the individual? high. terday—many Americans, those I heard

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9764 CONGRESSIONAL RECORD — SENATE September 24, 2009 from in my State of South Dakota dur- initially and at the State level as are driving people into an area where ing the month of August in the many well—and State budgets are really providers are fleeing and heading out conversations I had out there, are very strapped right now. I was just talking of. concerned. They are really concerned with some State legislators yesterday, Mr. ALEXANDER. We have 5 minutes about two issues: one is control, one is and they are looking at a multiple hun- left. We will go to Senator THUNE and cost. Who is going to control their dreds of millions of dollars hole next let Senator BROWNBACK wrap up our health care? Is the Federal Govern- year—that alone, without adding addi- time. ment going to do it, the bureaucrat in tional Medicaid requirements from the But ‘‘Medicare cuts,’’ those are scary Washington, DC? In this country, are Federal Government on top of that. It words to most Americans. And some we ceding one-sixth of our economy, is clearly a huge problem for them if people say: Well, you Republicans are more and more control to the people in you are going to add a cost at a time trying to scare the seniors of America Washington, DC? The Baucus bill, inas- when they don’t have the funds. when you say the words ‘‘Medicare much as it doesn’t at this moment con- The Federal Government, much of it, cuts.’’ tain the government plan, still as- is saying: We are going to pay for it But is it not a fact that the Baucus sumes a high level of government in- initially, and the proposals under Bau- plan would cut Medicare by about $500 volvement, government intervention. cus are to pay for most of it initially, billion and use it for a different pro- The government would determine but I don’t think there is any question gram instead of shoring up the Medi- which health care plans it would have that then, over time, the State is going care Program? to approve, which would meet the to have to assume a bigger role of that, Mr. THUNE. We know for a fact that standards the government set. So you and that is going to be up to State re- the Medicare trustees have said the have a high level of government inter- sponsibility. Medicare Program is destined to be vention with this plan as you have had Mr. ALEXANDER. I believe the Na- bankrupt in the year 2017. So Medicare with all the other plans. tional Governors Association chair- is already on an unsustainable path. It But perhaps even more important— man, of Vermont, said that all Demo- needs to be shored up. And what we are and this is the issue I think most cratic Governors as well as all Repub- talking about doing is getting savings, Americans are really homing in on—is lican Governors said: Don’t shift it to if you want to call them that, or the cost. What is the cost to me as a us. If you want to expand Medicaid ‘‘cuts,’’ I would say out of Medicare to taxpayer? In this case, $1.7 trillion over from Washington, pay for it from create a whole new entitlement pro- a 10-year period when fully imple- Washington. gram here in Washington, instead of mented. And does it reduce my cost of Mr. BROWNBACK. Pay for it and pay fixing and making more sustainable a health care? They are going to look at for it completely. But this is also a Medicare Program that, as I said, is it two different ways. One is, what am more pernicious piece of this, and that destined for bankruptcy by the year I going to have to owe in the form of is we have 40 percent of our physicians 2017. higher taxes to finance this; and sec- in Kansas saying they are not taking I think most seniors and most pro- ond, how is it going to impact the cost more Medicaid patients. That is 40 per- viders around the country are going to of health care for me in terms of the cent now. Now you are talking about be very concerned about the idea of premiums I pay? I think it is fair to expanding Medicaid, the number of having cuts in the Medicare Program, say—it is not what we are saying, it is people in Medicaid, when 40 percent of $500 billion, as the Senator from Ten- what the Congressional Budget Office your doctors are saying: We aren’t tak- nessee has mentioned, go to paying for has determined—that actually the cost ing them. You are saying: Why won’t this new entitlement program which, of health care for a lot of Americans, the doctors take it? It is not that they as I said earlier, over a 10-year period under this proposal, the Baucus pro- don’t want to have Medicaid patients, is going to cost $1.7 trillion. posal, is going to go up. but it is the reimbursement ratios they So I think you are not only going to Mr. ALEXANDER. Senator THUNE, I get. Listen to these numbers from see the Senator from Kansas is here. I MedPAC saying that Medicare provider have, as the Senator mentioned, a lot of providers very concerned about cuts, wonder if Senator BROWNBACK from reimbursement rates are about 80 per- Kansas or you from South Dakota have cent of private insurance. So private I think you are going to have an awful been hearing from your constituents insurance, and then 80 percent of that lot of seniors who are concerned about about the possibility of shifting costs is Medicare, and then Medicaid is 72 how their Medicare benefits are going from Washington to the States when, percent of Medicare. So you are cutting to be impacted by this proposal. I because we in Washington say it is a it back even further, to the point that would add to what the Senator has al- great idea to expand Medicaid, then we physicians are saying: I just can’t af- ready talked about, and I know the shift some of the cost of that to the ford to take more. Senator from Tennessee’s Governor has State, the State taxes go up or State Mr. ALEXANDER. Medicaid is the called some of these Medicaid expan- services go down. I wonder if you have largest government program we have sions ‘‘the mother of all unfunded man- heard anything from the people of Kan- today, bigger than Medicare; it has dates.’’ sas about that, Senator BROWNBACK? low-income Americans in every State. I have had numerous conservations Mr. BROWNBACK. I certainly have. I I believe the Baucus proposal plans to with my Governor in my State of appreciate the Senator from Tennessee add about 11 million more low-income South Dakota about this. It would cost leading this discussion and also asking Americans to this plan that 40 percent our State about $45 million a year, new that question. As a former Governor, of doctors will not see patients for? revenues they would have to raise, to he has dealt with these issues. He Mr. BROWNBACK. They won’t see meet the matching requirements under knows that when Washington dictates them. Now what you are doing is driv- this expansion of Medicaid. something—or too often Washington ing people into a system that is a very In my State of South Dakota, that is will dangle a little bit of money out low reimbursement system, that physi- real money. I know that does not sound here and say: We would like the State cians are, almost half, saying: We like a lot out here in Washington. But to do this, and here is a little money to won’t take any more. that really is. My Govenor is very con- get it started. Then 3 years in the pro- My concern here is that you are cerned, as are all Governors, about the gram, 5 years in the program, the going to drive people in this system impacts not just on Federal budgets money is pulled away at the Federal where you are not going to be able to but on State budgets. level and the State is left with trying get health care; they are not going to Of course, as the Senator from Ten- to fund this. be able to get health care at all be- nessee and the Senator from Kansas It is on two levels that I get it at the cause of these reimbursement rates, be- have pointed out, Medicare—and I State level: No. 1, trying to drive so cause of the reimbursement rates phy- might add, I love the quote from the many more people into Medicaid; that sicians are having under Medicaid. CEO of Mayo, which the Senator from is, by raising the amount of coverage of So I think that is a deadly piece of Tennessee has mentioned, ‘‘If the pub- people in Medicaid, it then gets a big this overall proposal. It is the cost to lic plan looks like Medicare, I think price tag with it—at the Federal level the States, and then it is also that you the country would go broke almost

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9765 overnight,’’ because Medicare is al- HEALTH CARE WEEK X, DAY III are taxed. If you do not have health in- ready proposed to go broke by 2015 to Mr. MCCONNELL. Madam President, surance, you are taxed. If you need pre- 2017. over the past several months, the scription medicine, you are taxed. If I think that is the problem we run American people have made their you need a medical device, you are into when we try and build upon a voices heard in the debate over health taxed. foundation that is already crumbling. care. Everyone is frustrated at the high All these taxes would be bad enough The Medicare Program is destined to cost of even routine services and proce- if they were not so hard to understand. For months we have been hearing go bankrupt. We are talking about add- dures. But the good news is this: every- that the goal of reform is to lower ing a whole new entitlement. Instead of one agrees that these are real and costs. Yet any school kid in America trying to figure out how to plow some pressing issues and that Congress can can tell you that raising taxes on of these savings back into Medicare and should do something to help. and make it sustainable, we are actu- Unfortunately, the Democrat plan something raises its cost. And every nonpartisan, independent study we ally adding to and building upon a being contemplated here in Congress is have seen confirms this basic economic foundation that is already crumbling. not content simply to address the prob- principle. Despite all the talk of low- Mr. ALEXANDER. We have about a lems at hand. Instead, this plan uses ering costs, all these higher taxes mean minute and a half left in our time. I these problems as an excuse to dis- that, as a result of this legislation, wonder if Senator BROWNBACK would mantle the current health care system, health care costs are headed in one di- conclude. slap together a new one as quickly as rection, and that is up. Mr. BROWNBACK. Mr. President, I possible, and force it on the American think to put it in Kansas-type terms, if What is worse, the Joint Committee people whether they like it or not. on Taxation and the Congressional you are talking about taking savings That is what is going on this week in Budget Office say that some of the from Medicare to start a whole new the hearing room of the Finance Com- health care entitlement program, that worst taxes would fall squarely on the mittee. backs of consumers: not on the rich, is like writing a big fat check on a The U.S. Congress is hashing out the but on ordinary Americans who are al- completely overdrawn bank account to details of an enormously complicated buy a new car. ready struggling through a recession. bill that calls for a massive expansion Seniors take a serious hit from this You are going: Now, well, who would of Washington’s role in the health deci- legislation, either through cuts in serv- do something like that? When you are sions of every single American. And ices that millions of them currently saying: Well, that is what the Federal when they are done, they plan to rush enjoy, or by being forced off the plans Government is looking at doing in this this so-called reform through Congress they have. All told, this bill calls for proposal that Senator BAUCUS has put and force it on a country that is over- nearly $140 billion in cuts to Medicare forward. whelmingly opposed to it. Advantage; nearly $120 billion in Medi- Medicare is not sustainable. It is not But there is really only one thing care cuts for hospitals that care for fiscally sound. You are going to write Americans need to know about this seniors; more than $40 billion in cuts to an overdraft check on that to start a legislation: When all the talking is home health agencies; and nearly $8 whole new program that you do not through, what is left is this: a trillion billion in cuts to hospice care. have the wherewithal to do, that most dollar experiment that cuts Medicare, Everyone agrees Medicare needs re- Americans do not want to see you do raises taxes, and threatens the health form. This is not reform. This is a mas- because they want to see you fix the care options that millions of Ameri- sive raid on a program millions of sen- current program and get it on a sus- cans enjoy. iors depend on in order to cover the tainable basis. The administration has been telling cost of another new government pro- It does not make sense. It is out of Americans for months and months that gram. This bill uses Medicare as a the stream of thought of the American if they like the coverage they have, piggy bank to pay for this experiment. public. We ought to back up, stop, and they can keep it. Whoever believes this There is no question that Americans go at this in incremental changes, to apparently is not familiar with the bill want health care reform. They want get costs down and more people cov- that Democrats in Congress want the lower costs. They want greater access. ered, that do not drive costs up, that do President to sign. If they were, they They want commonsense reforms, like not do a big federal takeover of the would realize that it creates a new gov- a plan to get rid of junk lawsuits on system. ernment standard for coverage, and doctors and hospitals and to level the Mr. ALEXANDER. I thank Senators that anyone who falls below that playing field when it comes to taxes on THUNE and BROWNBACK. standard will be forced to buy a dif- health plans. But what they are get- Obviously, we believe that instead of ferent health plan. ting from Congress instead is a trillion- a 1,000-page bill, we should do what Government would tell you which dollar experiment that cuts Medicare, Senator BROWNBACK said. We should go plans you can have and which ones you raises taxes, and threatens the health step by step to re-earn the trust of the can not, and if you do not like the plan care options that millions of Ameri- American people. For example, permit- they suggest, then you will have to cans now enjoy. And here is the worst ting small business plans to pool their send a check to Washington. You will part: they are being told that all this resources to offer more insurance to a get taxed. That is government expan- has to be rushed through Congress on million people; buying insurance across sion. Americans do not want it. some artificial timeline. State lines; stopping runaway junk Americans are worried about spend- Americans have been asking us to lawsuits against doctors; signing up ing. It seems like every time they turn slow down. Congress is doing the oppo- those people already eligible for Med- around they are hearing about another site. icaid and SCHIP; and encouraging trillion-dollar spending bill coming out This is not how Americans expect us technology. of Washington. Well here is another. to do their business. We need non- All of those are steps we can agree on Once again, it is being rushed through partisan groups like the Congressional and reduce costs, without running tril- Congress, and once again, we will not Budget Office to tell us how much this lions of dollars of new debt, more have enough time to read it. They legislation will cost and how we would taxes, and Medicare cuts. I thank the made sure of that yesterday. My Re- pay for it, and we need to slow down Senators from South Dakota and Kan- publican colleague from Kentucky, and get it right. We need to give Mem- sas for participating in our colloquy. Senator BUNNING, offered an amend- bers of Congress the time they need to I yield the floor. ment to give senators the time they understand what they are going to be f need to study the details. Democrats voting on. And we need to give the struck it down. American people the time they need to RECOGNITION OF THE MINORITY Taxes are already high enough. They understand this legislation too. This LEADER are about to get higher. This legisla- bill is too big, too costly, and too im- The PRESIDING OFFICER (Mrs. tion will lead to significantly higher portant to allow anything less. SHAHEEN). The Republican leader is taxes on just about everybody in Amer- I yield the floor and I suggest the ab- recognized. ica. If you have health insurance, you sence of a quorum.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9766 CONGRESSIONAL RECORD — SENATE September 24, 2009 The PRESIDING OFFICER. The AFGHANISTAN/PAKISTAN wavering support, not vacillation be- clerk will call the roll. STRATEGY cause of political pressures. The assistant legislative clerk pro- Mr. BOND. Madam President, I rise President Obama’s recent comments ceeded to call the roll. today to call for the testimony before present a stark and dangerous contrast Mr. REID. Madam President, I ask Congress of our top military com- to his earlier resolve—resolve that I unanimous consent that the order for manders in Afghanistan, GEN Stanley applauded on this floor and publicly the quorum call be rescinded. McChrystal and General Petraeus. Con- and proudly supported. When President The PRESIDING OFFICER (Mrs. gress and the American people need to Obama commissioned General GILLIBRAND). Without objection, it is so hear directly and as soon as possible McChrystal’s assessment of the situa- ordered. from the generals to ensure that polit- tion in Afghanistan, I believed that he f ical motivations in Washington do not was genuinely interested in receiving override the vital needs of our com- the general’s expert, on-the-ground ORDER OF PROCEDURE manders and our troops on the ground. perspective and his informed opinion of Mr. REID. Madam President, I ask Ordinarily, I don’t like the idea of what strategic and tactical changes unanimous consent that the time for calling generals away from their duties would be required for success. the cloture vote, now set for 10:30 a.m., in theater but, unfortunately, in the Unfortunately, it now appears that be extended until 11 o’clock this morn- often surreal world of Washington poli- the President has developed a sudden ing. tics, all the hard work by our military case of buyer’s remorse. It seems in- The PRESIDING OFFICER. Without and intelligence professionals on the creasingly clear to me the Obama ad- objection, it is so ordered. battlefield in Afghanistan can be un- ministration is inclined to reject the Mr. REID. Mr. President, for the done very quickly. Unfortunately, the counterinsurgency strategy recently knowledge of all Members, we are very latest verbal wavering by the adminis- recommended by General McChrystal close to being able to work out an tration and some of my colleagues in and endorsed by the head of the U.S. agreement on the finalizing of the Inte- Congress can do just that. Central Command, GEN David rior appropriations bill. There are some Last November, when I sent my re- Petraeus and the Chairman of the language problems the staff is working port, the Roadmap to Success in South Joint Chiefs of Staff, ADM Mike on now. But we should have a series of Asia, to then President-elect Obama Mullen. In a bewildering twist, this is amendments—it could be as many as and his national security team, I out- the same counterinsurgency strategy seven, eight amendments—and we will lined the importance of messaging to the President himself endorsed this try to do those in a block of time. We our overall success in Afghanistan and past March. have 23 members who are trying to Pakistan. For too long, the United I have been a strong and vocal sup- work out something in the Finance States has flailed about with an unco- porter of the administration’s new Committee as it relates to health care, ordinated communication plan. In strategy in Afghanistan, so I was par- so we would like to have those votes in other words, we have been off message. ticularly disappointed by the Presi- a block of time sometime this after- Unfortunately, the enemy has con- dent’s suggestion this past Sunday that noon. But we should be able to have a tinued to hone its own message. Rad- he is reconsidering the American com- consent agreement that will be ap- ical Islamic terrorists have staged sui- mitment to the war in Afghanistan. proved by Senator MCCONNELL and me cide attacks for maximum publicity, I am also deeply disturbed by press in the near future. propagandizing their message on the reports that Defense Secretary Gates Madam President, I suggest the ab- Internet, and convinced their fellow will delay sending General sence of a quorum. terrorists-at-arms that they will defeat McChrystal’s troop request to the The PRESIDING OFFICER. The the international community. White House because the White House clerk will call the roll. Negative and indecisive comments by is not ready to receive it. Given the The assistant bill clerk proceeded to the President, broadcast worldwide, President’s resolve this spring, I am call the roll. have now given the enemy a big win in somewhat puzzled by the strange treat- Mr. REID. Madam President, I ask the public information battle. ment of General McChrystal’s assess- unanimous consent that the order for On CNN, the President questioned: ment and troop request. Unnecessary the quorum call be rescinded. ‘‘Are we pursuing the right strategy?’’ delay is not our friend in this war. The PRESIDING OFFICER. Without On NBC’s ‘‘Meet the Press,’’ the The clearest reason for this delay objection, it is so ordered. President’s words were even more dis- seems to be that the President is con- turbing, signaling a lack of confidence f sidering not granting General in his earlier strategy. The President McChrystal’s request. Instead, we are EXTENSION OF MORNING said: now hearing that he may push for a BUSINESS If an expanded counterinsurgency strategy more aggressive covert war against al- in Afghanistan contributes to the goal of de- Qaida leadership in Pakistan. Mr. REID. Madam President, the feating al-Qaida, then we will move forward. time between now and 11 o’clock, I ask But, if it doesn’t, then I’m not interested in We all want to eliminate the al-Qaida unanimous consent that be time for just being in Afghanistan for the sake of leadership that plotted and planned the morning business, with Senators al- being in Afghanistan or saving face or . . . attacks that claimed more than 3,000 lowed to speak therein for up to 10 sending a message that America is here for American lives on September 11. And minutes each. the duration. depending on the details, more aggres- The PRESIDING OFFICER. Without Comments such as these call into sive action in Pakistan may be a good objection, it is so ordered. doubt America’s commitment to Af- thing. But such action should be in ad- Mr. REID. Madam President, I sug- ghanistan. They give hope to the ter- dition to, not a substitute for, giving gest the absence of a quorum. rorists—hope that America’s resolve is our troops in Afghanistan all the re- The PRESIDING OFFICER. The not real, and that they only need to sources and supporting personnel they clerk will call the roll. wait us out to win the war. need to succeed. The assistant bill clerk proceeded to The people of Afghanistan get the While denying al-Qaida and Taliban call the roll. message that we are leaving soon. The militants sanctuary in the border re- Mr. BOND. Madam President, I ask implied message is that you better gions of Pakistan is critical, a counter- unanimous consent that the order for work with the Taliban and al-Qaida, terrorism-only approach, focusing on the quorum call be rescinded. because they will be here after Amer- one part of this regional conflict, will The PRESIDING OFFICER. Without ica leaves. This is a public bonanza in ultimately hand victory to the world’s objection, it is so ordered. diplomacy for our terrorist enemies. most violent and feared terrorists. This Mr. BOND. Madam President, are we At the same time, these comments type of counterterrorism-only ap- in morning business? have done a great disservice to our men proach failed us in Iraq and it has The PRESIDING OFFICER. Yes, we and women serving in harm’s way. failed us in Afghanistan for the last 7 are. These heroes need our country’s un- years.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9767 I have consistently called for—and dent to heed his own words from this counterinsurgency strategy, and we President Obama had promised—a com- past weekend. Let’s ignore the politics need it now. It is time to listen to our prehensive counterinsurgency strategy of the moment and finish the job in Af- commanders on the ground, not the designed to meet a set of clearly de- ghanistan. ever-changing political winds whis- fined goals for the Afghanistan-Paki- I recognize we have not yet seen any pering defeat in Washington. stan region. The Obama administration official numbers associated with Gen- Madam President, I thank the Chair, has rightly characterized the problem eral McChrystal’s troop request, but I I yield the floor, and I suggest the ab- as involving both of these two coun- am very encouraged by the general’s sence of a quorum. tries. But right now, we have a plan emphasis on putting more of an Afghan The PRESIDING OFFICER. The only for one country. face on operations. I believe our ulti- clerk will call the roll. I am not suggesting it is General mate success depends on our ability to The assistant bill clerk proceeded to McChrystal’s job to set that wider. As hand responsibility for security over to call the roll. directed by the President and by our Afghans. Mr. VOINOVICH. Madam President, I NATO allies whom he represents as I was also gratified to see the re- ask unanimous consent that the order commander of ISAF, the general has port’s strong emphasis on the impor- for the quorum call be rescinded. laid out a good strategy for success in tance of ‘‘smart power’’ to achieving The PRESIDING OFFICER. Without Afghanistan and that strategy includes success. While the assessment does not objection, it is so ordered. a request for more boots on the ground. actually use the term, the concept is Mr. VOINOVICH. Madam President, I I understand there is a lot of hand- woven into the core of the report. Gen- ask unanimous consent to speak as in wringing in Washington right now over eral McChrystal and others have been morning business for up to 10 minutes. Afghanistan. We saw the same reaction clear that traditional kinetic military The PRESIDING OFFICER. Without over sending more troops into Iraq 2 efforts alone will not achieve the suc- objection, it is so ordered. years ago. The political courage shown cess we need. Success will be attain- f able only if we maximize the ability of by the White House and Congress back EASTERN EUROPE then proved to be successful. Today, we nonmilitary agencies of the United must marshal the same courage and States Government to work through Mr. VOINOVICH. Madam President, I give General McChrystal what he needs Afghan institutions to achieve sta- rise to discuss America’s relationship to get the job done. bility, reconstruction, and the rule of with our Eastern European friends as Amid the reports of wavering and law. well as the challenges America faces in hand-wringing, an important question As I have said repeatedly on the our relationship with Russia. comes into mind: What has changed? floor, the efforts by the National Over the last decade in the Senate, I During the campaign and after his in- Guard, led by my own Missouri Na- have been a champion of NATO and auguration, the President spoke re- tional Guard, to bring agricultural ex- worked diligently to increase member- peatedly about the importance of win- perts, including full-time farmers who ship in the alliance. I have also been ning the war in Afghanistan. also serve as trained military soldiers, active in improving our image in East- For example, on March 27, 2009, when who have gone into Nangarhar Prov- ern Europe through the expansion of he rolled out his comprehensive new ince and in 1 year transformed the ag- the Visa Waiver Program at the re- strategy for Pakistan and Afghanistan, riculture of Afghanistan so they could quest of our friends and allies in East- the President declared that: make a greater profit from raising le- ern Europe. My passion for foreign re- To succeed, we and our friends and allies gitimate crops and taking Afghanistan lations stems in large part as a sup- must reverse the Taliban’s games and pro- and Nangarhar Province from the No. 2 porter of Ohio’s diverse ethnic commu- mote a more capable and accountable Afghan poppy-producing province in the nation nities. As mayor of Cleveland and Gov- government. Our troops have fought bravely down to almost zero poppy production. ernor of Ohio, I gained a keen under- against a ruthless enemy. Our civilians have Six more National Guards from dif- standing of Europe from my close work made great sacrifices. Our allies have borne ferent States are there now. More are with constituents who had ties to a heavy burden. Afghans have suffered and coming. Two weeks ago, I challenged countries that were once subject to life sacrificed for their future. But for six years, behind the Iron Curtain. This goes Afghanistan has been denied the resources all of the Nation’s National Guard and that it demands because of the war in Iraq. their commanders at their meeting in back to my first paper in under- Now, we must make a commitment that can Nashville to commit to send a National graduate school and how the United accomplish our goals. Guard unit from every State to an ap- States sold out Yugoslavia at Teheran I was heartened by these words. I propriate province where they can and Yalta. agreed with the President on the need help, and they can make a difference. We did see the Berlin Wall fall and for a fully resourced counterinsurgency That is part of smart power. They need the Iron Curtain torn thanks in part to campaign and a solid commitment to to bring the economic resources and the efforts of Pope John Paul II, Presi- ensure the security of the Afghan peo- the structures and the information and dent Reagan, and President George ple and our own vital interests. I ap- experience we have, protected by sol- H.W. Bush. But even with the end of plauded his recognition of winning this diers and airmen of the National Guard the Cold War, I was deeply concerned war when he told our veterans, the who can defend themselves and those that darker forces in Russia could once VFW, this past August: they are protecting. That is smart again reemerge as a threat to democ- racy, human rights, and religious free- Those who attacked America on 9/11 are power. plotting to do so again. If left unchecked, the In the McChrystal report, the Afghan dom not just for the Russian people but Taliban insurgency will be an even larger Defense Minister rejected the popular for the newly freed ‘‘captive nations’’ safe haven from which al-Qaida would plot to myth that Afghanistan is a graveyard of Eastern Europe. kill more Americans. So this is not only a of empires and we are destined to fail I understood getting those nations war worth fighting; this is fundamental to there. I couldn’t agree more. As Gen- into NATO could make the alliance the defense of our people. eral McChrystal affirmed in his report: more vibrant and healthy and give But our troops in the field have now ‘‘While the situation is serious, success them safe harbor from the possible been waiting over 6 months for the is still achievable.’’ The Obama admin- threat of Russian expansionism. One of President to follow through on his istration and Congress must each do its my proudest moments in the Senate promises. As General McChrystal’s re- own part to give our troops the re- was being present at Prague in March cently leaked assessment points out, sources and time they need to make of 2002 in the room when Lord Robert- time is of the essence, and we cannot that success a reality. son announced that seven countries— afford more stalling by the administra- Let’s not snatch a defeat from the Bulgaria, Estonia, Latvia, Lithuania, tion on this vital national security jaws of victory in Afghanistan just be- Romania, Slovakia, and Slovenia— issue. cause a few pundits are pedaling polit- were invited to join NATO. The general said the next 9 to 12 ical pessimism in Washington. All the When I was Governor of Ohio and months are critical and that is why we experts, including General McChrystal, chairman of the National Governors need a decision now. I call on the Presi- agree we need a properly resourced Association, I led an effort in 1998 to

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9768 CONGRESSIONAL RECORD — SENATE September 24, 2009 secure passage of an all-50–State reso- reverting back to a KGB-ruled country I yield the floor and note the absence lution in support of NATO expansion seeking to weaponize its oil and nat- of a quorum. for the Czech Republic, Hungary, and ural gas resources as a means to ex- The PRESIDING OFFICER. The Poland. These new members have pand its influence on Europe and the clerk will call the roll. brought great vigor to the NATO Alli- West. The assistant legislative clerk pro- ance and are now some of our strongest I think one of the concerns we all ceeded to call the roll. allies working alongside our troops in ought to have is that many members of Mr. BURRIS. Madam President, I ask Iraq and Afghanistan—especially Af- the European Union, instead of coming unanimous consent the order for the ghanistan. together and negotiating with Russia quorum call be rescinded. As such, I was astounded last week to over the issue of natural gas, are cut- The PRESIDING OFFICER. Without see the Obama administration appear ting their own deals. I think we should objection, it is so ordered. to turn its back on some of our be very concerned that in the long run Mr. BURRIS. Madam President, I staunchest NATO allies. Last week’s many of those countries are not going would like to speak in morning busi- missile defense announcement was to be able to make good decisions be- ness. made with little advance notice or con- cause of the influence Russia will have The PRESIDING OFFICER. Without sultation and disregarded the great po- over their natural gas resources. objection, it is so ordered. Russia has the world’s largest re- litical capital expended by the leaders f of Poland and the Czech Republic. This serves of natural gas and has the decision leaves the impression that the eighth-largest oil reserves. Moscow RYAN WHITE HIV/AIDS United States is dealing unilaterally turned off the tap to Ukraine this past TREATMENT MODERNIZATION ACT with Russia without regard to our winter. They could do it again. We Mr. BURRIS. Madam President, in NATO allies. Regardless of the merits should also be concerned about Moscow my home State of Illinois, there are of the decision itself—and I had a using its control of oil and natural gas roughly 44,000 people living with HIV chance to talk to Secretary Gates to pit members of NATO against each or AIDS. about it, and it makes sense that this other. Every day, these Americans face was a good decision—the manner in There is much talk about resetting deadly illnesses that require delicate— which it was revealed to Warsaw and the U.S. bilateral relationship with and often expensive—treatment. Prague was a major public relations Russia. Moscow seeks to regain its Thankfully, they don’t have to fight and public diplomacy blunder. global stature and be respected as a this fight alone. The Polish people are up in arms peer in the international community. Across America, about 500,000 HIV about the decision—and not so much There is nothing inherently wrong with patients who don’t have adequate in- with the decision, but the way it was this. come or insurance are currently able to handled and the disregard for handling I believe there are key areas where receive assistance under the Ryan it in a proper fashion. The fact also the United States and Russia share White HIV/AIDS Treatment Moderniza- that the decision was announced on common cause and concern: Russia is a tion Act. September 17, 2009, the 70th anniver- permanent member of the U.N. Secu- This program supports a wide range rity Council and will be essential to ef- sary of the Soviet invasion of Poland, of medical and support services that fective multilateral pressure on Iran to makes it even worse. The way this de- benefit HIV and AIDS patients. give up its nuclear program; Russia cision was communicated shabbily to Illinois alone receives $75 million in continues to have leverage on the Poland and the Czech Republic should Federal funds that serve more than North Korean regime and has stated also send a shiver down the spines of 10,000 people. that a nuclear-free Korean peninsula is our brothers and sisters in Eastern Eu- These programs make a real dif- in the interest of both our countries; rope and their Baltic neighbors, who ference, not just in my home State, but we are partners on the International are concerned with Russia’s aggressive in every State in the Union. Space Station—in fact, we are going to efforts to reassert its influence in what They are critically important not rely on them to send our NASA people was once the Soviet Union. only for the people who receive treat- to the space station; and, until the In an opinion piece in last Friday’s ment, but for public health in general. Georgia situation flared in August of edition of the Washington Post, David That is why we cannot let the Ryan last year, our government and U.S. in- J. Kramer, of the German Marshall White Act expire on September 30. dustry were working hard on a nuclear Fund, notes that: If we do not take action right now to cooperation agreement with Russia, Whatever the official explanation now for reauthorize this program, the treat- not moving forward, many—including the very much like the one we entered into Kremlin—will read this shift as an effort to with India. ments will stop. placate Moscow. Announcing the decision With the world economy as it is If we do not stand up for those who ahead of [President] Obama’s meeting with today, the worst thing we could do is need our help, half a million Americans Russian President Dmitry Medvedev this break off communication and revert will suddenly find themselves out in week in Pittsburgh reinforces such thinking. back to our Cold War positions. This the cold. I had the opportunity this past July week’s G–20 conference in Pittsburgh is We cannot let that happen. We must to travel to the Baltic States with my an opportunity to further engage Rus- act now keep this safety net in place. friends Senators Durbin, Cardin, and sia and determine where we have a That’s why I support a 3-year exten- Wicker as part of the U.S. delegation symbiotic relationship and what we sion of the Ryan White Treatment to the Organization for Security and can accomplish together for the good of Modernization Act. Cooperation in Europe, to the par- the international community. Never- But we shouldn’t stop there. liamentary assembly that was held in theless, such a reset should not come As we reauthorize this legislation, it Vilnius, Lithuania. As part of that trip, at the expense of our Eastern European is a great opportunity to make a few I also visited Riga, Latvia—a stop that friends. small changes to make it more effec- marked the highest ranking official Time will tell whether last week’s tive. visit of the United States in Latvia in decision will have any influence on We should update the Ryan White over 3 years. In all of our bilateral Russian cooperation on the Strategic Act, to make HIV/AIDS information meetings with Presidents, Prime Min- Arms Reduction Treaty—START—or more accurate. isters, and Foreign Ministers from our efforts to prevent a nuclear-armed We need to maintain transitional former Soviet countries or countries Iranian regime. grant areas, so that essential services the Soviet Union exercised influence In the meantime, we have our work can be better matched with existing over, we were told it was comforting cut out as we seek to rebuild con- needs. for them to know their membership in fidence and trust with our friends in We should make sure medical trans- NATO serves as a hedge against a po- Eastern Europe. After last week’s portation and dietary treatments are tential expansionist Russia. events, I suspect that their confidence covered for all patients. We should be worried about the un- in the reliability of the United States And we should use common sense to certainty surrounding a Russia that is as a partner and ally has been shaken. ensure that rebates and grants are

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9769 classified and awarded the right way, to any of the listed amendments prior DEPARTMENT OF THE INTERIOR, with less bureaucratic redtape. to a vote in relation to the amend- ENVIRONMENT, AND RELATED This will make the system more effi- ment, except as noted with respect to AGENCIES APPROPRIATIONS cient, and it will increase the impact Coburn amendment No. 2511; that a ACT, 2010 this program can have on people’s managers’ amendment also be in order The PRESIDING OFFICER. Under lives. that has been cleared by the managers the previous order, the Senate will re- More than 250 AIDS organizations and the leaders, and that if that sume consideration of H.R. 2996, which have already expressed support for amendment is offered, then the vote on the clerk will report. these changes, and for the reauthoriza- adoption of the amendment occur im- The bill clerk read as follows: tion of this program. mediately; and that if agreed to, then A bill (H.R. 2996) making appropriations It is time to stand with them. the motion to reconsider be considered for the Department of the Interior, Environ- It is time to stand with all the people made and laid upon the table: ment, and related agencies for the fiscal year who need treatment. Carper No. 2456, pending, to be with- ending September 30, 2010, and for other pur- Let us send a strong message to those drawn once a managers’ amendment poses. who are counting on us to keep the has been agreed to; Collins No. 2498, Pending: money flowing: pending; Isakson No. 2504, as modified, Carper amendment No. 2456, to require the We will not abandon you in your pending; Vitter No. 2549; Ensign motion Administrator of the Environmental Protec- time of need. to recommit; Coburn amendment Nos. tion Agency to conduct a study on black car- If this Senate fails to act by Sep- bon emissions. 2482, 2463, 2480, 2523, 2466, 2483, 2468, and tember 30, the aid will stop. Collins amendment No. 2498, to provide 2511, with a Feinstein second-degree These successful programs—which that no funds may be used for the adminis- amendment in order to No. 2511; Fein- enjoy broad, bipartisan support—will trative expenses of any official identified by gold No. 2522, to be withdrawn upon the simply cease to exist. the President to serve in a position without adoption of the managers’ amendment; express statutory authorization and which is We cannot let that happen on our Reid No. 2531; Bingaman No. 2493, with responsible for the interagency development watch. a modification; further, that during the or coordination of any rule, regulation, or I ask my colleagues to join with me consideration of the bill, Senators Mur- policy unless the President certifies to Con- in updating and reauthorizing the gress that such official will respond to all kowski and Thune each be provided up Ryan White Act. reasonable requests to testify before, or pro- to 30 minutes, and Senator BOXER for I yield the floor and suggest the ab- vide information to, any congressional com- up to 60 minutes for debate only; that sence of a quorum. mittee with jurisdiction over such matters, upon disposition of all amendments I yield the floor and suggest the ab- and such official submits certain reports bi- and the motion to recommit, the sub- annually to Congress. sence of a quorum. stitute amendment, as amended, be Isakson modified amendment No. 2504, to The PRESIDING OFFICER. The agreed to, the motion to reconsider be encourage the participation of the Smithso- clerk will call the roll. considered made and laid upon the nian Institution in activities preserving the The assistant legislative clerk pro- papers and teachings of Dr. Martin Luther ceeded to call the roll. table; that the bill, as amended, be King, Jr., under the Civil Rights History Mr. REID. Mr. President, I ask unan- read a third time, and the Senate then Project Act of 2009. proceed to vote on passage of the bill; imous consent that the order for the AMENDMENTS NOS. 2492, 2501, 2505, 2509, 2518, 2519, quorum call be rescinded. that upon passage, the Senate insist on 2522, 2534, AS MODIFIED; 2491, AS MODIFIED; 2495, The PRESIDING OFFICER (Mr. its amendment, request a conference 2507, 2493, AS MODIFIED, EN BLOC with the House on the disagreeing BURRIS). Without objection, it is so or- The PRESIDING OFFICER. The Sen- dered. votes of the two Houses, and that the ator from California is recognized. Chair be authorized to appoint con- f Mrs. FEINSTEIN. Mr. President, as ferees on the part of the Senate, and part of the unanimous consent agree- INTERIOR APPROPRIATIONS that the subcommittee plus Senators ment entered into this morning by the Mr. REID. Mr. President, first of all, Inouye and Bond be appointed as con- leader, a managers’ package of amend- we have a unanimous consent agree- ferees; further, that if a point of order ments to the Interior bill is in order. ment that has taken a lot of work. I is raised against the substitute amend- I would like to proceed to that busi- appreciate the work of the two man- ment, then it be in order for another ness now because of yesterday’s filing agers, Senator FEINSTEIN and Senator substitute amendment to be offered deadline for all first-degree amend- ALEXANDER. It is not easy, but this is minus the offending provisions but in- ments. Each of these amendments an important piece of legislation. I cluding any amendments which had which constitute the managers’ pack- think it is good for the body. been agreed to prior to the point of age have been filed at the desk. I heard my friend—I will be real order; that no further amendments be Therefore, I ask unanimous consent quick; I know we are in a hurry—com- in order; that the new substitute that the pending amendment be set menting on the dinner we had last amendment be agreed to, and the mo- aside, and that the following amend- night. I think that was such a timely, tion to reconsider be considered made ments be called up and considered en fortuitous event we had with Senators and laid upon the table; and that the bloc, and where modifications are getting together to, in effect, cut the remaining provisions beyond adoption noted, that those modifications be ribbon on this wonderful picture out of the substitute amendment remain in agreed to: Bingaman amendment No. there, 147 years old. effect; that if there is a sequence of 2492; Risch amendment No. 2501; Carper I did not know much about Henry votes, then after the first vote, the suc- amendment No. 2505; Roberts amend- Clay other than he is a famous man but ceeding votes be limited to 10 minutes ment No. 2509; Feinstein amendment a great compromiser. He said every- each and that there be 2 minutes of de- No. 2518; Feinstein amendment No. thing legislatively you need to develop bate prior to each vote, equally divided 2519; Feingold amendment No. 2522; a consensus. Legislation is the art of and controlled in the usual form; that Whitehouse amendment No. 2534, as compromise. This is a smaller piece; it once this agreement is entered, the clo- modified; Bingaman amendment No. is not Henry Clay stuff, but it is good ture motions be withdrawn. 2491, as modified; Schumer/Durbin stuff. I appreciate the two managers The PRESIDING OFFICER. Without amendment No. 2495; Tester/Crapo following in the footsteps of Henry objection, it is so ordered. amendment No. 2507; and, Bingaman Clay and we were able to work this out. amendment No. 2493, as modified. I ask unanimous consent that the fol- f Let me make one note with respect lowing be the only first-degree amend- to Carper amendment No. 2505. The ments and an Ensign motion to recom- CONCLUSION OF MORNING amendment being included in the man- mit, other than the pending amend- BUSINESS agers’ package is very similar to pend- ments, remaining in order to H.R. 2996, ing Carper amendment No. 2456. But Interior appropriations; and that no The PRESIDING OFFICER. Morning the version we are adopting now is the second-degree amendments be in order business is closed. version that has been agreed to by both

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9770 CONGRESSIONAL RECORD — SENATE September 24, 2009 sides. At the proper time, then, I be- of Thomasville remains the only active part- U.S. SENATE, lieve we will be in a position to with- ner. To meet eligibility qualifications of Washington, DC, September 16, 2009. draw the pending Carper amendment USDA/Rural Development and EPA to pro- Hon. DANIEL K. INOUYE, No. 2456. ceed with the development of the Thomas- Committee on Appropriations, U.S. Senate, In order to comply with Senate rule ville water supply project, we were told that Washington, DC. Hon. DIANNE FEINSTEIN, the earmarks from 2002–2004 would need to be XLIV, which requires Members to cer- Subcommittee on Interior, Committee on Appro- tify that they have no financial inter- amendment and replaced with the name priations, U.S. Senate, Washington, DC. est in congressionally designated ‘‘City of Thomasville.’’ Hon. THAD COCHRAN, spending items, I also ask unanimous Finally, I certify that neither I nor my im- Committee on Appropriations, U.S. Senate, consent to have printed in the RECORD mediate family has a pecuniary interest, Washington, DC. financial disclosure letters associated consistent with the requirements of Para- Hon. LAMAR ALEXANDER, with amendments Nos. 2501 and 2518. graph 9 of Rule XLIV of the Standing Rules Subcommittee on Interior, Committee on Appro- priations, U.S. Senate, Washington, DC. There being no objection, the mate- of the Senate, in any congressionally di- DEAR CHAIRMEN AND RANKING MEMBERS, I rial was ordered to be printed in the rected spending item I requested that is con- am offering three amendments regarding RECORD, as follows: tained in the Fiscal Year 2010 Interior, Envi- congressionally directed spending items on U.S. SENATE, ronment, and Related Agencies Appropria- the Senate floor to the Fiscal Year 2010 Inte- Washington, DC, September 16, 2009. tions bill or accompanying report. I further rior, Environment, and Related Agencies Ap- Hon. DANIEL K. INOUYE, certify that I have posted a description of propriations Bill. Chairman, Senate Committee on Appropriations, the items requested on my official website, Consistent with the requirements of para- U.S. Capitol, Washington, DC. along with the accompanying justification. graph 9 of Rule XLIV of the Standing Rules Hon. THAD COCHRAN, of the Senate, I certify that neither I nor my Ranking Member, Senate Committee on Appro- I greatly appreciate your assistance in this immediate family has a pecuniary interest priations, U.S. Capitol, Washington, DC. matter. As always, please do not hesitate to in the congressionally directed spending Hon. DIANNE FEINSTEIN, contact me or Laura Friedel in my office items that I have requested for Fiscal Year Chairman, Appropriations Subcommittee on In- should you or your staff have any questions. 2010. I further certify that I have posted a de- terior, Environment, and Related Agencies, Sincerely, scription of the items requested on my offi- Dirksen Senate Office Building, Wash- RICHARD SHELBY. cial website, along with the accompanying ington, DC. justification. Hon. LAMAR ALEXANDER, U.S. SENATE, Project Title: Lake County, California, for Ranking Member, Appropriations Subcommittee Washington, DC, September 17, 2009. wastewater system improvements on Interior, Environment, and Related Hon. DIANNE FEINSTEIN Recipient: Lake County, CA Agencies, Dirksen Senate Office Building, Chairman, Subcommittee on Interior, Environ- Location: 230 A Main Street, Lakeport, CA Washington, DC. ment, and Related Agencies, Dirksen Senate 95453 DEAR CHAIRMEN AND RANKING MEMBERS: I Office Building, Washington, DC. Amount Requested: $500,000 am writing to request your assistance in Lake County is upgrading the Kelseyville making a technical correction to the below DEAR CHAIRMAN FEINSTEIN: I am writing to wastewater system to eliminate effluent and projects in House Report 107–272, House Re- request your support for the enclosed amend- high nutrient pollution from entering Clear port 108–10, and House Report 108–401 so that ment to the Fiscal Year 2010 Interior, Envi- Lake. The facility, which is located on the the funds referenced may be made available ronment, and Related Agencies Appropria- south shore of Clear Lake, is under cease and to the City of Thomasville, Alabama. The tions bill. desist orders to meet clean water standards, awards in question are: and requires expansion overflows into Clear $2,500,000 STAG award to the Southwest Furthermore, I certify that neither I nor Lake. This important project will improve AL/Rural Municipal Water System in FY02; my immediate family has a pecuniary inter- sanitation and water quality for County resi- $1,000,000 STAG award to the Southeast Ala- est consistent with the requirements of dents by limiting sewage overflow. bama Regional Water Authority in FY02; Paragraph 9 of Rule XLIV of the Standing Project Title: Tahoe Basin Vessel Inspection $450,000 STAG award to the Southwest Ala- Rules of the Senate, in this or any other con- Station bama Regional Water Authority in FY03; gressionally directed spending item I re- $450,000 STAG award to the Southwest Ala- Recipient: U.S. Fish and Wildlife Service quested that is contained in the Fiscal Year Location: Lake Tahoe, California and Ne- bama Regional Water Supply District in 2010 Interior, Environment, and Related vada FY04. Amount Requested: $800,000 I certify that neither I nor my immediate Agencies Appropriations bill or accom- The requested funding will be used for family has a pecuniary interest in the con- panying report. I further certify that I have study, construction, staffing, and other ex- gressionally directed spending item(s) that I posted a description of the amendment re- penses necessary to conduct water vessel in- have requested for Fiscal Year 2010, con- quested on my official website, along with spection and decontamination at stations lo- sistent with the requirements of paragraph 9 the accompanying justification. cated away from boat and vessel ramps at of Rule XLIV of the Standing Rules of the Thank you for your consideration of my Lake Tahoe and Echo Lake and Fallen Leaf Senate. Lake in California. The Tahoe Basin is under Very Truly Yours, request, As always, please do not hesitate to threat of Quagga and zebra mussel infesta- JEFF SESSIONS, contact me or Laura Friedel in my office tions because of its high-use by recreational United States Senator. should you or your staff have any questions. Sincerely, boaters. An infestation could have dev- astating impacts on the regional economy, Hon. DIANE FEINSTEIN, RICHARD SHELBY. including recreation, tourism, property val- Chairwoman, Subcommittee on Interior, Envi- Enclosure. ues, and other infrastructure equaling ap- ronment, and Related Agencies, Dirksen proximately $22 million a year. If intro- Senate Office Building, Washington, DC. AMENDMENT duced, Quagga and zebra mussels could de- DEAR MADAM CHAIRMAN: I am writing to seek your assistance in a technical correc- (Purpose: To provide for the use of certain stroy the region’s fisheries, alter the food tion for the City of Thomasville in the Fiscal funds for water system upgrades in Fay- web and ecosystem, jeopardize the public Year 2010 Interior, Environment, and Related ette County, Alabama) drinking supply, and ruin the shoreline and public access points. An infestation would Agencies Appropriations bill. On page 190, line 10, insert before the pe- The City of Thomasville is constructing a also jeopardize more than $1.43 billion that water treatment facility. The project began riod at the end the following: ‘‘: Provided fur- has already been invested in environmental under the auspices of the Southwest Re- ther, That, notwithstanding House Report restoration and water clarity improvements gional Water Authority and was composed of 108–401, the amount of $2,000,000 made avail- in Lake Tahoe, including $424 million from the City of Thomasville and the City of able to the Tom Bevill Reservoir Manage- the Federal government. Jackson. Therefore, funds were appropriated ment Area Authority for construction of a Project Title: Inland Empire Alternative Water in 2002, 2003, and 2004 under this name. drinking water reservoir in Fayette County, Supply 2002—AL Regional Water Authority for Alabama, shall be made available to Fayette Recipient: City of San Bernardino Municipal AAL/Rural Municipal Water System, County, Alabama, for water system up- Water Department $2.425M; 2002—Southeast Alabama Regional grades’’. Location: 300 North ‘‘D’’ Street, San Water Authority, $970,000; 2003—Southwest Bernardino, CA 92418 Alabama Regional Water Authority, $433,700; Amount Requested: Technical Correction 2004—Southwest Alabama Regional Water The Rialto-Colton Basin is seriously con- Supply District, $433,900. taminated by perchlorate, and the cities and Since that time, the City of Jackson has water districts in the area have had to aban- withdrawn from the authority and the City don wells or install wellhead treatment

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equipment to use their groundwater. Local Hon. DANIEL INOUYE, Spending’ contained in section 430 of that water providers have found a temporary Chairman, Senate Appropriations Committee. joint explanatory statement) shall be made source of 20,000–30,000 acre-feet in the Bunker Hon. THAD COCHRAN, available to the city of Manhattan for the Hill Basin, within the incorporated limits of Vice Chairman, Senate Appropriations Com- Konza Water Main Extension project’’. the City of San Bernardino, which will use mittee. Hon. DIANNE FEINSTEIN, U.S. SENATE, this water source in the long-term. I secured Chairman, Subcommittee on Interior, Environ- Washington, DC, September 16, 2009. $500,000 in the Fiscal Year 2009 Omnibus Ap- ment, and Related Agencies, Appropria- Hon. ROBERT C. BYRD, Chairman, propriations Act, but the San Bernardino tions. Hon. THAD COCHRAN, Ranking Member, Municipal Water Department has been un- Hon. LAMAR ALEXANDER, Senate Committee on Appropriations, U.S. Cap- able to access these funds and this technical Ranking Member, Subcommittee on Interior, En- itol, Washington, DC. correction will clarify that the city is the re- vironment, and Related Agencies, Appro- Hon. DIANNE FEINSTEIN, Chairman, cipient of this funding. priations. Hon. LAMAR ALEXANDER, Ranking Member, DEAR CHAIRMAN INOUYE, VICE CHAIRMAN Thank you for your consideration of my Senate Appropriations Subcommittee on Inte- COCHRAN, CHAIRMAN FEINSTEIN AND RANKING rior, Environment, and Related Agencies, requests. If you have any questions, please MEMBER ALEXANDER: I write to respectfully Dirksen Senate Office Building, Wash- do not hesitate to contact me, or have your request a technical correction to my re- ington, DC. staff contact Ryan Hunt in my office. quests for congressionally directed appro- DEAR CHAIRMEN AND RANKING MEMBERS, Sincerely, priations in the Fiscal Year 2010 Interior and Please find enclosed amendments I will offer DIANNE FEINSTEIN, Environment Appropriations Bill. I have at- to the FY 2010 Interior appropriations bill United States Senator. tached the legislative language for my making technical changes to previously en- amendment, which would provide for the use acted provisions. All changes are a result of U.S. SENATE, of certain funds for certain water projects to requests by the U.S. Environmental Protec- Washington, DC, September 16, 2009. be carried out by the cities of Prescott, tion Agency for clarification on the specific Hon. DANIEL K. INOUYE, Wichita, and Manhattan. I know that this funds recipient, and none involve appropria- Chairman, Senate Committee on Appropriations, year’s budget situation is extremely tight, tion of additional funds. The Capitol, Washington, DC. and I appreciate your consideration of these I certify that neither I nor my immediate Hon. DIANNE FEINSTEIN, requests. family has a pecuniary interest in these Chairman, Subcommittee on Interior, Environ- In addition, I certify that neither I nor my items, consistent with the requirements of ment, and Related Agencies, Senate Com- immediate family has a pecuniary interest paragraph 9 of Rule XLIV of the Standing mittee on Appropriations, Washington, DC. in the congressionally directed spending Rules of the Senate. Hon. THAD COCHRAN, items that I have requested, consistent with Thank you in advance for your attention Ranking Member, Senate Committee on Appro- the requirements of paragraph 9 of rule XLIV to this matter. priations, The Capitol, Washington, DC. of the Standing Rules of the Senate. I fur- Sincerely, Hon. LAMAR ALEXANDER, ther certify that I have posted a description CHRISTOPHER S. BOND. of the items requested on my official Ranking Member, Subcommittee on Interior, En- AMENDMENT vironment, and Related Agencies, Senate website, along with the accompanying jus- tification. (Purpose: To provide for the use of certain Committee on Appropriations, Washington, funds for Johnson County, Missouri for a DC. Again, I thank you for your consideration of these requests. Should you have an ques- drinking water and wastewater infrastruc- DEAR CHAIRMAN INOUYE AND RANKING MEM- tions, please do no hesitate to contact my ture project) BER COCHRAN, CHAIRMAN FEINSTEIN AND Legislative Director Mike Seyfert. On page 190, line 10, insert before the pe- RANKING MEMBER ALEXANDER: As the Fiscal With every best wish, riod at the end the following: Providing fur- Year 2010 Interior, Environment, and Related Sincerely, ther, That, notwithstanding the joint explan- Agencies Appropriations bill moves to the PAT ROBERTS. atory statement of the Committee on Appro- floor, I respectfully request your consider- AMENDMENT priations of the House of Representatives ac- ation of the technical corrections for (Purpose: To provide for the use of certain companying Public Law 111–8 (123 Stat. 524), the amount of $1,300,000 made available to projects from previous bills listed in this let- funds for certain water projects to be car- the City of Warrensburg, Missouri for a ter. These technical corrections are also list- ried out by the cities of Prescott, Wichita, and Manhattan) drinking water and wastewater infrastruc- ed on my website. I look forward to working ture project (as described in the table enti- On page 190, line 10, insert before the pe- with you through enactment of this bill. tled ‘Congressionally Designated Spending’ riod at the end the following: ‘‘: Provided fur- contained in section 430 of that joint explan- I certify that neither I nor my immediate ther, That, notwithstanding the joint explan- atory statement) shall be made available to family has a pecuniary interest in any of the atory statement of the Committee on Appro- Johnson County, Missouri for that project’’. congressionally directed spending item(s) priations of the House of Representatives ac- that I have requested, consistent with the re- companying the Consolidated Appropriations AMENDMENT quirements of paragraph 9 of Rule XLIV of Act, 2008 (Public Law 110–161; 121 Stat. 1844), (Purpose: To provide for the use of certain the Standing Rules of the Senate. I further from funds made available by that Act for funds for the Gravois Arm Sewer District certify that I have posted a description of the State and Tribal Assistance Grants pro- for a wastewater infrastructure project) the items requested on my official website, gram, $170,800 shall be made available to the On page 190, line 10, insert before the pe- along with the accompanying justification. city of Prescott for a wastewater treatment riod at the end the following: ‘‘: Providing plant construction project and $129,200 shall further, That, notwithstanding the joint ex- Line 96 of the list of STAG Infrastructure be made available to the city of Wichita for planatory statement of the Committee on Grants/Congressional Priorities in the Ex- a storm water technology pilot project: Pro- Appropriations of the House of Representa- planatory Statement for Title II of Division vided further, That, notwithstanding the tives accompanying Public Law 111–8 (123 F of Public Law 110–161 is revised to read joint explanatory statement of the Com- Stat. 524), the amount of $1,000,000 made ‘‘The City of Prescott for wastewater treat- mittee on Appropriations of the House of available to the City of Gravois Mills for ment plant construction project, $170,800; Representatives accompanying the Omnibus wastewater infrastructure (as described in and The City of Wichita for storm water Appropriations Act, 2009 (Public Law 111–8; the table entitled ‘Congressionally Des- technology pilot project, $129,200.’’ 123 Stat. 524), the amount of $185,000 made ignated Spending’ contained in section 430 of available to the city of Manhattan for the that joint explanatory statement) shall be Line 108 of the list of STAG Infrastructure sewer mainline extension project (as de- made available to the Gravois Arm Sewer Grants/Congressional Priorities in the Ex- scribed in the table entitled ‘Congressionally District for that project’’. planatory Statement for Title II of Division Designated Spending’ contained in section AMENDMENT E of Public Law 111–8 is revised to read ‘‘City 430 of that joint explanatory statement) of Manhattan for water mainline extension shall be made available to the city of Man- (Purpose: To provide for the use of certain project, $185,000.’’ hattan for a water mainline extension funds for PWSD #1 of McDonald County, project: Provided further, That, notwith- Missouri for a wastewater infrastructure Line 111 of the list of STAG Infrastructure standing the joint explanatory statement of project) Grants/Congressional Priorities in the Ex- the Committee on Appropriations of the On page 190, line 10, insert before the pe- planatory Statement for Title II of Division House of Representatives accompanying the riod at the end the following: ‘‘: Providing E of Public Law 111–8 is revised to read ‘‘City Omnibus Appropriations Act, 2009 (Public further, That, notwithstanding the joint ex- of Manhattan for Konza water main exten- Law 111–8; 123 Stat. 524), the amount of planatory statement of the Committee on sion project, $290,000.’’ $290,000 made available to the Riley County Appropriations of the House of Representa- Sincerely, Board of Commissioners for the Konza Sewer tives accompanying Public Law 111–8 (123 SAM BROWNBACK, Main Extension project (as described in the Stat. 524), the amount of $500,000 made avail- United States Senator. table entitled ‘Congressionally Designated able to McDonald County, Missouri for a

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9772 CONGRESSIONAL RECORD — SENATE September 24, 2009 wastewater infrastructure expansion project I certify that neither I nor my immediate Act of 2009 (16 U.S.C. 7303(f)), $10,000,000, to (as described in the table entitled ‘Congres- family has a pecuniary interest, consistent remain available until expended. sionally Designated Spending’ contained in with the requirements of Paragraph 9 of Rule AMENDMENT NO. 2501 section 430 of that joint explanatory state- XLIV of the Standing Rules of the Senate, in (Purpose: To provide for the use of certain ment) shall be made available to PWSD #1 of any congressionally directed spending item funds for the Upper Snake/South Fork McDonald County, Missouri for that that I requested from the Committee on Ap- River Area of Critical Concern) project’’. propriations for Fiscal Year 2009. U.S. SENATE, Thank you for consideration of this re- On page 122, line 11, insert before the pe- Washington, DC, September 17, 2009. quest, and please contact me if you require riod at the end the following: ‘‘: Provided, Hon. ROBERT C. BYRD, Chairman, any additional information. That, notwithstanding the joint explanatory Hon. THAD COCHRAN, Ranking Member, Sincerely, statement of the Committee on Appropria- Senate Committee on Appropriations, U.S. Cap- TIM JOHNSON, tions of the House of Representatives accom- itol, Washington, DC. United States Senate. panying Public Law 111–8 (123 Stat. 524), the Hon. DIANNE FEINSTEIN, Chairman, amount of $2,000,000 made available for the Hon. LAMAR ALEXANDER, Ranking Member, U.S. SENATE, Henry’s Lake ACEC in the State of Idaho (as Senate Appropriations Subcommittee on Inte- Washington, DC, September 24, 2009. described in the table entitled ‘‘Congression- rior, Environment and Related Agencies, Hon. DIANNE FEINSTEIN, ally Designated Spending’’ contained in sec- Dirksen Senate Office Building, Wash- Chairman, Appropriations Subcommittee on the tion 430 of that joint explanatory statement) ington, DC. Interior, Environment and Related Agen- shall be made available for the Upper Snake/ DEAR CHAIRMEN AND RANKING MEMBERS, cies, Washington, DC. South Fork River ACEC/SRMA in the State Please find enclosed an amendment I will Hon. LAMAR ALEXANDER, of Idaho’’. offer to the FY 2010 Interior appropriations Ranking Member, Appropriations Subcommittee AMENDMENT NO. 2505 bill making a technical change to a pre- on The Interior, Environment and Related (Purpose: To require the Administrator of viously enacted provision. The change re- Agencies, Washington, DC. the Environmental Protection Agency to tains the drinking water infrastructure pur- DEAR CHAIRMAN FEINSTEIN AND RANKING conduct a study on black carbon emis- pose of the project, does not increase the MEMBER ALEXANDER: I certify that neither I sions) amount of funds appropriated and does not nor my immediate family has a pecuniary change the funding recipient. interest in any of the congressionally di- On page 192, between lines 6 and 7, insert I certify that neither I nor my immediate rected spending items that I have requested, the following: family has a pecuniary interest in this item, including Senate Amendment # 2501, con- GENERAL PROVISIONS, ENVIRONMENTAL consistent with the requirements of para- sistent with the requirements of paragraph 9 PROTECTION AGENCY graph 9 of Rule XLIV of the Standing Rules of Rule XLIV of the Standing Rules of the BLACK CARBON of the Senate. Senate for the FY 2010 Department of Inte- SEC. 201. (a) Not later than 18 months after Thank you in advance for your attention rior, Environment, and Related Agencies Ap- to this matter. propriations bill. the date of enactment of this Act, the Ad- Sincerely, Sincerely, ministrator, in consultation with other Fed- eral agencies, may carry out and submit to CHRISTOPHER S. BOND. JAMES E. RISCH, Congress the results of a study to define AMENDMENT United States Senator. black carbon, assess the impacts of black (Purpose: To provide for the use of certain Mrs. FEINSTEIN. Mr. President, all carbon on global and regional climate, and funds for the Pemiscot Consolidated Public of these amendments have been cleared identify the most cost-effective ways to re- Water Supply District #1 for a drinking on both sides, and I believe we are in a duce black carbon emissions— water source protection infrastructure position to voice vote the package. (1) to improve global and domestic public project) Before voting, through, I would yield health; and On page 190, line 10, insert before the pe- to my distinguished ranking member (2) to mitigate the climate impacts of riod at the end the following: ‘‘: Providing for any comments he may wish to black carbon. further, That, notwithstanding the joint ex- (b) In carrying out the study, the Adminis- planatory statement of the Committee on make. Mr. ALEXANDER. Mr. President, I trator shall— Appropriations of the House of Representa- (1) identify global and domestic black car- tives accompanying Public Law 110–161 (121 concur with the remarks of the distin- bon sources, the quantities of emissions from Stat. 1844), the amount of $150,000 made guished chairman of the subcommittee. those sources, and cost-effective mitigation available to the City of Hayti, Pemiscot Con- I believe these are good amendments. technologies and strategies; solidated Public Water Supply District #1 for We are able to clear them with the rel- (2) evaluate the public health, climate, and a water storage tank (as described in the sec- evant members and their staffs. I sup- economic impacts of black carbon; tion entitled ‘STAG Infrastructure Grants/ port their adoption. (3) identify current and practicable future Congressionally Priorities’ on page 1264 of opportunities to provide financial, technical, the joint explanatory statement) shall be Beyond that, I would like to say to and related assistance to reduce domestic made available to Pemiscot Consolidated the chairman, I appreciate her willing- and international black carbon emissions; Public Water Supply District #1 for a drink- ness to accommodate the amendments and ing water source protection infrastructure and the positions of a large number of (4) identify opportunities for future re- project’’. Republican Senators who have impor- search and development to reduce black car- tant issues that we will have a chance bon emissions and protect public health in U.S. SENATE, to vote on, and for including us in the the United States and internationally. Washington, DC, September 16, 2009. process. I thank her for that, and we (c) Of the amounts made available under Senator DIANNE FEINSTEIN, this title under the heading ‘‘ENVIRON- Chairman, Subcommittee on Interior, Environ- look forward to the rest of the day and MENTAL PROGRAMS AND MANAGEMENT’’ for op- ment, and Related Agencies, Senate Com- concluding work on the bill. erations and administration, up to $2,000,000 mittee on Appropriations, Washington, DC. Mrs. FEINSTEIN. I ask for a voice shall be— Senator LAMAR ALEXANDER, vote. (1) transferred to the account used to fund Ranking Member, Subcommittee on Interior, En- The PRESIDING OFFICER. The the Office of Air Quality Planning and vironment, and Related Agencies, Senate question is on agreeing to the man- Standards of the Environmental Protection Committee on Appropriations, Washington, agers’ package of amendments en bloc. Agency; and DC. The amendments were agreed to en (2) used by the Administrator to carry out DEAR CHAIRMAN FEINSTEIN AND RANKING bloc, as follows: MEMBER ALEXANDER: I am writing to request this section. AMENDMENT NO. 2492 your assistance in making a technical cor- AMENDMENT NO. 2509 (Purpose: To provide funds for the Collabo- rection to the Joint Explanatory Statement (Purpose: To encourage the Administrator of rative Forest Landscape Restoration Fund, accompanying the Interior portion of the the Environmental Protection Agency to with an offset) Omnibus Appropriations Act for Fiscal Year reassess the cost-effectiveness of the 2009. The Joint Explanatory Statement mis- On page 197, line 11, strike ‘‘$2,586,637,000’’ buyout and relocation of residents of cer- takenly directs $400,000 from the Environ- and insert ‘‘$2,576,637,000’’. tain properties in Treece, Kansas) On page 198, line 10, strike ‘‘$350,285,000’’ mental Protection Agency’s (EPA) State and At the end of title IV, add the following: Tribal Assistance Grants (STAG) account to and insert ‘‘$340,285,000’’. the City of Lake Norden in South Dakota for On page 200, between lines 13 and 14, insert BUYOUT AND RELOCATION wastewater infrastructure improvements. I the following: SEC. 4ll. (a) As soon as practicable after request your assistance in correcting this de- COLLABORATIVE FOREST LANDSCAPE the date of enactment of this Act, the Ad- scription to reflect the fact that the Lake RESTORATION FUND ministrator of the Environmental Protection Norden project involves drinking water in- For expenses authorized by section 4003(f) Agency (referred to in this section as the frastructure. of the Omnibus Public Land Management ‘‘Administrator’’) is encouraged to consider

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9773 all appropriate criteria, including cost-effec- (Public Law 110–161; 121 Stat. 1844), from the discretion of the Administrator, be made tiveness, relating to the buyout and reloca- funds made available by that Act for the available to Pemiscot Consolidated Public tion of residents of properties in Treece, State and Tribal Assistance Grants program, Water Supply District 1 for a drinking water Kansas, that are subject to risk relating to, $170,800 may, at the discretion of the Admin- source protection infrastructure project: Pro- and that may endanger the health of occu- istrator, be made available to the city of vided further, That, notwithstanding the pants as a result of risks posed by, chat (as Prescott for a wastewater treatment plant joint explanatory statement of the Com- defined in section 278.1(b) of title 40, Code of construction project and $129,200 may, at the mittee on Appropriations of the House of Federal Regulations (as in effect on the date discretion of the Administrator, be made Representatives accompanying Public Law of enactment of this Act)). available to the city of Wichita for a storm 111–8 (123 Stat. 524), the amount of $400,000 (b) For the purpose of the remedial action water technology pilot project: Provided fur- made available to the City of Lake Norden, under the Comprehensive Environmental Re- ther, That, notwithstanding the joint explan- South Dakota, for wastewater infrastructure sponse, Compensation, and Liability Act of atory statement of the Committee on Appro- improvements (as described in the table enti- 1980 (42 U.S.C. 9601 et seq.) that includes per- priations of the House of Representatives ac- tled ‘Congressionally Designated Spending’ manent relocation of residents of Treece, companying the Omnibus Appropriations contained in section 430 of that joint explan- Kansas, any such relocation shall not be sub- Act, 2009 (Public Law 111–8; 123 Stat. 524), the atory statement) may, at the discretion of ject to the Uniform Relocation Assistance amount of $185,000 made available to the city the Administrator, be made available to the and Real Property Acquisition Policies Act of Manhattan for the sewer mainline exten- City of Lake Norden, South Dakota, for of 1970 (42 U.S.C. 4601 et seq.). sion project (as described in the table enti- drinking water infrastructure improve- (c) Nothing in this section shall in any way tled ‘Congressionally Designated Spending’ ments’’. contained in section 430 of that joint explan- affect, impede, or change the relocation or AMENDMENT NO. 2519 remediation activities pursuant to the atory statement) may, at the discretion of (Purpose: To extend a special use permit for Record of Decision Operable Unit 4, Chat the Administrator, be made available to the Drake’s Estero at Point Reyes National Piles, Other Mine and Mill Waste, and city of Manhattan for a water mainline ex- Seashore, California) Smelter Waste, Tar Creek Superfund Site, tension project: Provided further, That, not- Ottawa County, Oklahoma (OKD980629844) withstanding the joint explanatory state- On page 179, strike line 7 and all that fol- issued by the Environmental Protection ment of the Committee on Appropriations of lows through page 180, line 9, and insert the Agency Region 6 on February 20, 2008, or any the House of Representatives accompanying following: other previous Record of Decision at the Tar the Omnibus Appropriations Act, 2009 (Pub- SEC. 120. Prior to the expiration on Novem- Creek, Oklahoma, National Priority List lic Law 111–8; 123 Stat. 524), the amount of ber 30, 2012 of the Drake’s Bay Oyster Com- Site, by any Federal agency or through any $290,000 made available to the Riley County pany’s Reservation of Use and Occupancy funding by any Federal agency. Board of Commissioners for the Konza Sewer and associated special use permit (‘‘existing authorization’’) within Drake’s Estero at AMENDMENT NO. 2518 Main Extension project (as described in the table entitled ‘Congressionally Designated Point Reyes National Seashore, notwith- (Purpose: To make technical corrections to Spending’ contained in section 430 of that standing any other provision of law, the Sec- certain State and tribal assistance grants) joint explanatory statement) may, at the retary of the Interior is authorized to issue On page 190, line 10, insert before the pe- discretion of the Administrator, be made a special use permit with the same terms and riod at the end the following: ‘‘: Provided fur- available to the city of Manhattan for the conditions as the existing authorization, ex- ther, That, notwithstanding House Report Konza Water Main Extension project: Pro- cept as provided herein, for a period of 10 107–272, the amount of $1,000,000 made avail- vided further, That, notwithstanding the years from November 30, 2012: Provided, That able to the Southeast Alabama Regional joint explanatory statement of the Com- such extended authorization is subject to an- Water Authority for a water facility project mittee on Appropriations of the House of nual payments to the United States based on and the amount of $2,500,000 made available Representatives accompanying Public Law the fair market value of the use of the Fed- to the Alabama Regional Water Authority 111–8 (123 Stat. 524), the amount of $1,300,000 eral property for the duration of such re- for the Southwest Alabama Rural/Municipal made available to the City of Warrensburg, newal. The Secretary shall take into consid- Water System may, at the discretion of the Missouri for a drinking water and waste- eration recommendations of the National Administrator, be made available to the city water infrastructure project (as described in Academy of Sciences Report pertaining to of Thomasville for those projects: Provided the table entitled ‘Congressionally Des- shellfish mariculture in Point Reyes Na- further, That, notwithstanding House Report ignated Spending’ contained in section 430 of tional Seashore before modifying any terms 108–10, the amount of $450,000 made available that joint explanatory statement) may, at and conditions of the extended authoriza- to the Southwest Alabama Regional Water the discretion of the Administrator, be made tion. Authority for water infrastructure improve- available to Johnson County, Missouri for AMENDMENT NO. 2522 ments may, at the discretion of the Adminis- that project: Provided further, That, notwith- (Purpose: To clarify the authority of the trator, be made available to the city of standing the joint explanatory statement of Secretary of Agriculture regarding the co- Thomasville for that project: Provided fur- the Committee on Appropriations of the ordination of biobased product activities) ther, That, notwithstanding House Report House of Representatives accompanying 108–401, the amount of $450,000 made avail- Public Law 111–8 (123 Stat. 524), the amount On page 240, between lines 13 and 14, insert able to the Southwest Alabama Regional of $ 1,000,000 made available to the City of the following: SEC. 4ll. Section 404(c) of the Agricul- Water supply District for regional water sup- Gravois Mills for wastewater infrastructure tural Research, Extension, and Education ply distribution in Thomasville, Alabama, (as described in the table entitled ‘Congres- Reform Act of 1998 (7 U.S.C. 7624(c)) is may, at the discretion of the Administrator, sionally Designated Spending’ contained in amended— be made available to the city of Thomasville section 430 of that joint explanatory state- (1) in paragraph (1), by striking ‘‘Agricul- for that project: Provided further, That, not- ment) may, at the discretion of the Adminis- tural Research Service’’ and inserting ‘‘De- withstanding House Report 108–401, the trator, be made available to the Gravois Arm partment of Agriculture’’; and amount of $2,000,000 made available to the Sewer District for that project: Provided fur- (2) by adding at the end the following: Tom Bevill Reservoir Management Area Au- ther, That, notwithstanding the joint explan- ‘‘(3) AUTHORITY OF SECRETARY.—To carry thority for construction of a drinking water atory statement of the Committee on Appro- out a cooperative agreement with a private reservoir in Fayette County, Alabama, may, priations of the House of Representatives ac- entity under paragraph (1), the Secretary at the discretion of the Administrator, be companying Public Law 111–8 (123 Stat. 524), may rent to the private entity equipment, made available to Fayette County, Alabama, the amount of $500,000 made available to the title of which is held by the Federal Gov- for water system upgrades: Provided further, McDonald County, Missouri for a wastewater ernment.’’. That, notwithstanding the joint explanatory infrastructure expansion project (as de- statement of the Committee on Appropria- scribed in the table entitled ‘Congressionally AMENDMENT NO. 2534, AS MODIFIED tions of the House of Representatives accom- Designated Spending’ contained in section At the appropriate place, insert the fol- panying Public Law 111–8 (123 Stat. 524), the 430 of that joint explanatory statement) lowing: amount of $500,000 made available to the San may, at the discretion of the Administrator, SEC. . (a) It is the sense of the Senate that Bernardino Municipal Water District for the be made available to PWSD #1 of McDonald the Senate— Inland Empire alternative water supply County, Missouri for that project: Provided (1) Supports the National Vehicle Mercury project (as described in the table entitled further, That, notwithstanding the joint ex- Switch Recovery Program as an effective ‘Congressionally Designated Spending’ con- planatory statement of the Committee on way to reduce mercury pollution from elec- tained in section 430 of that joint explana- Appropriations of the House of Representa- tric arc furnaces used by the steel industry tory statement) may, at the discretion of the tives accompanying Public Law 110–161 (121 to melt scrap metal from old vehicles; and Administrator, be made available to the city Stat. 1844), the amount of $150,000 made (2)Urges the founders of the Program to se- of San Bernardino municipal water depart- available to the City of Hayti, Pemiscot Con- cure private sector financial support so that ment for that project: Provided further, That, solidated Public Water Supply District 1 for the successful efforts of the Program to re- notwithstanding the joint explanatory state- a Water Storage Tank (as described in the duce mercury pollution may continue. ment of the Committee on Appropriations of section entitled ‘STAG Infrastructure AMENDMENT NO. 2491, AS MODIFIED the House of Representatives accompanying Grants/Congressional Priorities’ on page 1264 On page 240, between lines 13 and 14, insert the Consolidated Appropriations Act, 2008 of the joint explanatory statement) may, at the following:

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SEC. 423. NATIONAL FOREST FOUNDATION. (A) IN GENERAL.—There are authorized to any existing agreements in which the Sec- Section 403(a) of the National Forest Foun- be appropriated to the Flame Fund such retary concerned has agreed to assume re- dation Act (16 U.S.C. 583j-1(a)) is amended, in amounts as are necessary to carry out this sponsibility for wildfire suppression activi- the first sentence, by striking ‘‘fifteen Direc- section. ties on the land. tors’’ and inserting ‘‘not more than 30 Direc- (B) CONGRESSIONAL INTENT.—It is the in- (f) TREATMENT OF ANTICIPATED AND PRE- tors’’. tent of Congress that the amounts appro- DICTED ACTIVITIES.— AMENDMENT NO. 2495 priated to the Flame Fund for each fiscal (1) IN GENERAL.—Subject to subsection year should be not less than the combined (e)(2)(B)(ii), the Secretary concerned shall (Purpose: To support the Pest and Disease average amount expended by each Secretary continue to fund routine wildfire suppression Revolving Loan Fund) concerned for emergency wildfire suppres- activities within the appropriate agency On page 193, line 13, insert before ‘‘: Pro- sion activities over the 5 fiscal years pre- budget for each fiscal year. vided’’ the following: ‘‘and of which $2,000,000 ceding the fiscal year for which amounts are (2) CONGRESSIONAL INTENT.—It is the intent may be made available to the Pest and Dis- appropriated. of Congress that funding made available ease Revolving Loan Fund established by (C) AVAILABILITY.—Amounts appropriated through the Flame Fund be used— section 10205(b) of the Food, Conservation, to the Flame Fund shall remain available (A) to supplement the funding otherwise and Energy Act of 2008 (16 U.S.C. 2104a(b))’’. until expended. appropriated to the Secretary concerned; and AMENDMENT NO. 2507 (2) APPROPRIATION.—There is appropriated (B) only for purposes in, and instances con- (Purpose: To limit the increase in cabin user to the Flame Fund, out of funds of the Treas- sistent with, this section. fees, with an offset) ury not otherwise appropriated, $834,000,000. (g) PROHIBITION ON OTHER TRANSFERS.— (3) SENSE OF CONGRESS ON DESIGNATION OF Any amounts in the Flame Fund and any On page 193, line 9, strike ‘‘$1,556,329,000’’ FLAME FUND APPROPRIATIONS AS EMERGENCY amounts appropriated for the purpose of and insert ‘‘$1,552,429,000’’. REQUIREMENT.—It is the sense of Congress wildfire suppression on Federal land shall be On page 193, line 20, insert before the pe- that further amounts appropriated to the obligated before the Secretary concerned riod at the end the following: ‘‘: Provided fur- Flame Fund should be designated as may transfer funds from non-fire accounts ther, that $282,617,000 shall be made available amounts necessary to meet emergency for wildfire suppression. for recreation, heritage, and wilderness’’. needs. (h) ACCOUNTING AND REPORTS.— On page 240, between lines 13 and 14, insert (4) NOTICE OF INSUFFICIENT FUNDS.—The (1) ACCOUNTING AND REPORTING SYSTEM.— the following: Secretaries shall notify the congressional The Secretaries shall establish an account- SEC. 423. CABIN USER FEES. committees described in subsection (h)(2) if ing and reporting system for the Flame Fund Notwithstanding any other provision of the Secretaries estimate that only 60 days that is compatible with existing National law, none of the funds made available by this worth of funding remains in the Flame Fund. Fire Plan reporting procedures. Act shall be used to increase the amount of (d) TRANSFER OF EXCESS WILDFIRE SUP- (2) ANNUAL REPORT.—Annually, the Secre- cabin user fees under section 608 of the Cabin PRESSION AMOUNTS INTO FLAME FUND.—At taries shall submit to the Committee on Nat- User Fee Fairness Act of 2000 (16 U.S.C. 6207) the end of each fiscal year, the Secretary ural Resources, the Committee on Agri- to an amount beyond the amount levied on concerned shall transfer to the Flame Fund culture, and the Committee on Appropria- December 31, 2009. amounts that— tions of the House of Representatives and (1) are appropriated to the Secretary con- AMENDMENT NO. 2493, AS MODIFIED the Committee on Energy and Natural Re- cerned for wildfire suppression activities for sources, the Committee on Indian Affairs, On page 159, line 25, strike ‘‘$979,637,000’’ the fiscal year; but and the Committee on Appropriations of the and insert ‘‘$904,637,000’’. (2) are not obligated for wildfire suppres- Senate and make available to the public a On page 197, line 11, strike ‘‘$2,576,637,000’’ sion activities before the end of the fiscal report that— and insert ‘‘$1,817,637,000’’. year. (A) describes the use of amounts from the On page 240, between lines 13 and 14, insert (e) USE OF FLAME FUND.— Flame Fund; and the following: (1) IN GENERAL.—Subject to paragraphs (2), (B) includes any recommendations that the SEC. 423. FLAME FUND FOR EMERGENCY WILD- (3), and (4), amounts in the Flame Fund shall Secretaries may have to improve the admin- FIRE SUPPRESSION ACTIVITIES. be available to the Secretary concerned to istrative control and oversight of the Flame (a) DEFINITIONS.—In this section: pay the costs of emergency wildfire suppres- Fund. (1) FEDERAL LAND.—The term ‘‘Federal sion activities that are separate from (3) ESTIMATES OF WILDFIRE SUPPRESSION land’’ means— amounts annually appropriated to the Sec- COSTS TO IMPROVE BUDGETING AND FUNDING.— (A) public land, as defined in section 103 of retary concerned for routine wildfire sup- (A) IN GENERAL.—Consistent with the the Federal Land Policy and Management pression activities. schedule provided in subparagraph (C), the Act of 1976 (43 U.S.C. 1702); (2) DECLARATION REQUIRED.— Secretaries shall submit to the committees (B) units of the National Park System; (A) IN GENERAL.—Amounts in the Flame described in paragraph (2) an estimate of an- (C) refuges of the National Wildlife Refuge Fund shall be made available to the Sec- ticipated wildfire suppression costs for the System; retary concerned only after the Secretaries applicable fiscal year and the subsequent fis- (D) land held in trust by the United States issue a declaration that a wildfire suppres- cal year. for the benefit of Indian tribes or members of sion activity is eligible for funding from the (B) PEER REVIEW.—The methodology for de- an Indian tribe; and Flame Fund. veloping the estimates under subparagraph (E) land in the National Forest System, as (B) DECLARATION CRITERIA.—A declaration (A) shall be subject to periodic peer review defined in section 11(a) of the Forest and by the Secretaries under subparagraph (A) to ensure compliance with subparagraph (D). Rangeland Renewable Resources Planning may be issued only if— (C) SCHEDULE.—The Secretaries shall sub- Act of 1974 (16 U.S.C. 1609(a)). (i) in the case of an individual wildfire in- mit an estimate under subparagraph (A) dur- (2) FLAME FUND.—The term ‘‘Flame Fund’’ cident— ing— means the Federal Land Assistance, Manage- (I) the fire covers 300 or more acres; and (i) the first week of February of each year; ment, and Enhancement Fund established by (II) the Secretaries determine that the fire (ii) the first week of April of each year; subsection (b). has required an emergency Federal response (iii) the first week of July of each year; (3) SECRETARIES.—The term ‘‘Secretaries’’ based on the significant complexity, sever- and means the Secretary of the Interior and the ity, or threat posed by the fire to human life, (iv) if a bill making appropriations for the Secretary of Agriculture, acting jointly. property, or resources; or Department of the Interior and the Forest (4) SECRETARY CONCERNED.—The term ‘‘Sec- (ii) the cumulative costs of wildfire sup- Service for the following fiscal year has not retary concerned’’ means— pression activities for the Secretary con- been enacted by September 1, the first week (A) the Secretary of the Interior, with re- cerned have exceeded the amounts appro- of September of each year. spect to Federal land described in subpara- priated to the Secretary concerned for those (D) REQUIREMENTS.—An estimate of antici- graphs (A), (B), (C), and (D) of paragraph (1); activities (not including funds deposited in pated wildfire suppression costs shall be de- and the Flame Fund). veloped using the best available— (B) the Secretary of Agriculture, with re- (3) TRANSFER OF AMOUNTS TO SECRETARY (i) climate, weather, and other relevant spect to National Forest System land. CONCERNED.—After issuance of a declaration data; and (b) ESTABLISHMENT OF FLAME FUND.—There under paragraph (2) and on request of the (ii) models and other analytic tools. is established in the Treasury of the United Secretary concerned, the Secretary of the (i) TERMINATION OF AUTHORITY.—The au- States a fund to be known as the ‘‘Federal Treasury shall transfer from the Flame Fund thority under this section shall terminate at Land Assistance, Management, and Enhance- to the Secretary concerned such amounts as the end of the third fiscal year in which no ment Fund’’, consisting of— the Secretaries determine are necessary for appropriations to or withdrawals from the (1) such amounts as are appropriated to the wildfire suppression activities associated Flame Fund have been made for a period of Flame Fund; and with the declaration. 3 consecutive fiscal years. (2) such amounts as are transferred to the (4) STATE, PRIVATE, AND TRIBAL LAND.—Use SEC. 424. COHESIVE WILDFIRE MANAGEMENT Flame Fund under subsection (d). of the Flame Fund for emergency wildfire STRATEGY. (c) FUNDING.— suppression activities on State land, private (a) STRATEGY REQUIRED.—Not later than 1 (1) AUTHORIZATION OF APPROPRIATIONS.— land, and tribal land shall be consistent with year after the date of enactment of this Act,

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9775 the Secretary of the Interior and the Sec- if we disagree on the content of those to be able to quote accurately what I retary of Agriculture, acting jointly, shall ideas. It depends on us working to- am talking about here. Republicans submit to Congress a report that contains a gether in our common interests rather have hated Medicare from the very be- cohesive wildfire management strategy, con- than against each other and against ginning, and they still hate it. sistent with the recommendations described in recent reports of the Government Ac- the interests of the American people. I was there fighting the fight, one of countability Office regarding management I stand by that assessment as strong- twelve voting against Medicare because we strategies. ly today as I did this spring. It is pain- knew it wouldn’t work in 1965. (b) ELEMENTS OF STRATEGY.—The strategy fully clear to everyone who has seen Robert Dole, former leader of the Re- required by subsection (a) shall provide for— this debate’s disturbing turns and dis- publicans in the Senate, candidate for (1) the identification of the most cost-ef- honest tactics that more than ever, we President on the Republican ticket, fective means for allocating fire manage- now need people willing to work to- that is what he said. ment budget resources; gether in good faith. If we have learned Now, we didn’t get rid of it in round one (2) the reinvestment in non-fire programs because we don’t think it is politically by the Secretary of the Interior and the Sec- anything from the recent rhetoric, smart, but we believe Medicare is going to retary of Agriculture; both in our respective States and here wither on the vine. (3) employing the appropriate management in the Senate, it is that we need honest response to wildfires; debate. It is regrettable that we have Newt Gingrich. I am not making this (4) assessing the level of risk to commu- seen far too little of that lately. up. This is what they said. nities; Today, I want to talk about one area Dick Armey, majority leader a few (5) the allocation of hazardous fuels reduc- of the debate that has seen particularly years ago in the House of Representa- tion funds based on the priority of hazardous reckless rumors and scare tactics— tives: fuels reduction projects; what health insurance reform will Medicare has no place in a free world. (6) assessing the impacts of climate change on the frequency and severity of wildfire; mean to seniors. When I say that since Democrats cre- and A Republican Congresswoman re- ated Medicare, we have spent 40 years (7) studying the effects of invasive species cently claimed that our plan to im- protecting America’s seniors, the fact on wildfire risk. prove health care would ‘‘put seniors in is, ever since the Republicans opposed (c) REVISION.—At least once during each 5- a position of being put to death by the creation of Medicare, they have year period beginning on the date of the sub- their government.’’ That was wrong spent the past 40 years on the wrong mission of the cohesive wildfire management when it was said, and it is wrong now. side of history when it comes to help- strategy under subsection (a), the Secre- A Republican Senator made a similar ing seniors. They were wrong then. taries shall revise the strategy submitted statement to mislead his constituents. under that subsection to address any They are wrong now. They conven- changes affecting the strategy, including He actually accused Democrats of pro- iently ignore facts such as that in 1965, changes with respect to landscape, vegeta- posing a plan that would kill Ameri- only half the Nation’s seniors had tion, climate, and weather. cans. Others pretend our reforms will health insurance. Today, virtually AMENDMENTS NOS. 2456 AND 2522 WITHDRAWN cut benefits when, in fact, the only every senior has health insurance. It is The PRESIDING OFFICER. Under thing they cut is waste. Is this any way called Medicare. Is it a perfect pro- the previous order, amendments Nos. to have an honest debate? I don’t think gram? Of course, it is not. But it is a 2456 and 2522 are withdrawn. so. Is this what our constituents sent pretty good program. Seniors’ life ex- Mrs. FEINSTEIN. Mr. President, I us here to do? I don’t think so. Some of pectancy has gone up and the number suggest the absence of a quorum. our friends on the other side may not of seniors living in poverty has gone The PRESIDING OFFICER. The want to let reality get in the way of a down. Those on Medicare universally clerk will call the roll. good sound bite, but I think it is cru- like it. The bill clerk proceeded to call the cial that we get the facts straight. People complain about this program. roll. The fact is, ever since a Democratic Do you know what the overhead is on Mr. REID. I ask unanimous consent Congress and Democratic President this program? It is less than 3 percent. that the order for the quorum call be created Medicare, Democrats have It is one of the most effective programs rescinded. spent the past 40 years protecting sen- in the history of the country. But that The PRESIDING OFFICER. Without iors. hasn’t stopped Republicans from brag- objection, it is so ordered. I know a little bit about Medicare. ging about trying to kill Medicare. It My first elective job in Nevada was on hasn’t stopped them from looking out AMENDMENT NO. 2522 a countywide hospital board. It was for insurance companies instead of The PRESIDING OFFICER. For the then called the Southern Nevada Me- their constituents. And in the past 10 clarification of the Senate, amendment morial Hospital. It is now called the years, it hasn’t stopped Republicans 2522 was not withdrawn. It was part of University Medical Center. When I from voting against protecting and the managers’ package. started my job, 40 percent of seniors strengthening Medicare 59 times. Look The majority leader. who came into that hospital had no in- at this. These are the votes by year. HEALTH CARE DEBATE surance. We had an aggressive plan to Just last year, these are the votes. I Mr. REID. Mr. President, this past go after their fathers, mothers, broth- hope this year’s reform will not be No. April, as the health care debate was ers, sisters, whoever signed for them. 60 because this bill will also protect getting underway, I sent my Repub- That is no longer the case with Medi- and strengthen Medicare. lican counterpart, Senator MCCONNELL, care. Virtually every senior who comes There will be an opportunity for a letter outlining our priorities for the into that institution and all institu- Democrats and Republicans to offer debate. I wrote, of course, that Demo- tions has insurance to cover their hos- amendments to whatever bill comes crats are committed to lowering health pitalizations. It is called Medicare. By out of the Finance Committee and out care costs, expanding access, and im- the time I left that job, Medicare had of the HELP Committee, and they will proving the quality of care. I said that come into existence. be melded together. What our legisla- we look forward to a dialog about how The fact is, ever since Republicans tion does is lower the cost of medicine. to prevent diseases, reduce health dis- opposed the creation of Medicare, they It provides a free yearly checkup, parities, and encourage both early de- have spent the past 40 years on the makes preventive care for seniors free. tection and effective treatments that wrong side of history when it comes to It will give doctors who treat seniors a save lives. But in that letter of 5 helping seniors. They were wrong then, raise, and it will cut waste from Medi- months ago, I also said that in order to and they are wrong now. care. For seniors, health insurance re- help struggling Americans, we cannot I don’t carry much in my wallet. I form will mean all of that. drown in distractions and distortions. I have three credit cards. I have a few Rather than having a serious and real made clear that bipartisanship de- dollars. One thing I always carry with debate about a serious and real crisis, pended on Republicans demonstrating me is something I think is pretty im- some would prefer to deploy tactics to a sincere interest in legislating. It de- portant. I have carried this for years. frighten the American people. But pends on their joining us to offer con- You can see how wilted it is. I have what really frightens them is that crete and constructive proposals, even done it for many years because I want under the status quo, they live just one

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9776 CONGRESSIONAL RECORD — SENATE September 24, 2009 illness, one accident, one pink slip Johnson more than 40 years ago, 45 means that much to him and to our Na- away from losing everything they million Americans have the peace of tion. have. mind to know they have basic health So for seniors this is a critical de- This is no time to let partisanship insurance protection. Do you know bate. A lot of seniors are being misled get the best of us. This is no time to who these people are? They are folks by things that are downright awful. I obsess over rumors or oppose ideas sim- who worked their whole lives, paid saw the videotape. This Republican ply because they were proposed by peo- money out of their paychecks to be Congresswoman went to the floor of ple who sit on a different side of this part of Medicare so that they would the U.S. House of Representatives and Chamber. This is no time to instill un- have not only the peace of mind but said that: Oh, these Democrats want to founded fears or incite hope that our quality health care in their retirement create death panels. Sarah Palin said Nation’s leaders fail. years. It is not just the peace of mind that those death panels would take the This is the time to get serious about of having access to good health care, it life of one of her children or something. making it easy for American citizens is the peace of mind of knowing that That is an outrageous statement and to afford and live healthy lives. When all the money you worked for your en- not true. it comes to Republicans’ attacks on tire life to save, the money you wanted Do you know what they are talking Medicare, the messenger has no credi- to live on in comfort after retirement about? They are talking about an bility and the message is nothing more would not disappear because of medical amendment offered by a Georgia Sen- than an excuse. At the end of the day, bills. Medicare gives people peace of ator—a Republican Georgia Senator— the other side’s insistence on spreading mind and protects their assets so they JOHNNY ISAKSON—a reasonable amend- fear above all else is what will truly can live independently, comfortably, in ment. Do you know what it said? Under hurt seniors and all Americans. the kind of style most of us dream of our health care reform, people should Our opponents’ claims this time for all Americans who have worked so be allowed to go to a doctor and, in pri- around are as disingenuous as they hard for many years. vacy and in confidence, sit down and have been and phony at worst—dis- We hear the other side tell us how say the words that need to be said— ingenuous because they have a long bad those government health insurance words like: Listen, I don’t want to be track record of standing in the way of programs are. The administrative costs hooked up to some machine. When the giving America’s seniors what they of Medicare are dramatically lower time comes, I want to go peacefully. I need, phony because they completely than the cost of private health insur- don’t want extraordinary things done and willfully misrepresent what the ance. It is obvious. Medicare is a not- for me. That is my wish and, doctor, I bills we are considering will actually for-profit entity. It is managed at a want you to know that wish. I am do for seniors. Our bill will lower the cost of about 3 percent. Do you know going to tell my family, but I want you cost of medicine, provide a free yearly what happens with health insurance to know. checkup, make preventive care free, companies? They load up with costs for Is that an important conversation? give doctors who treat seniors a raise, Any one of us—and so many of us fit in and cut waste from Medicare. That is profit. They load up with costs for ad- this category, who have been through what it is all about. vertising and marketing. one of those situations with a parent, a The PRESIDING OFFICER. The Sen- They load up with people who get on ator from Illinois. the telephone to say: No—no to your member of our family, or someone we Mr. DURBIN. I thank the majority doctor. You know what I am talking love—wants to know what they want. leader, Mr. President, because a lot has about. When the doctor says: I think So Senator ISAKSON proposed that been said in this health care debate the best thing for you is this proce- amendment. It was a thoughtful, rea- that needs to be clarified. I have been dure, and you are under private health sonable amendment that we brought on the floor—how many times—when insurance, that last stop in that med- into this debate. What happened to it? the Republican leadership has come to ical decision is not at the hospital or in You know what happened: death pan- the floor and told us that if we are not the doctor’s office; the last stop is a els. Oh, they are going in there. They careful in health care reform, we will long-distance phone call to some clerk are going to mandate that they pull end up with a government-run health sitting out in Omaha, NE, with a man- the plug on Granny. That is sad. It is insurance program. They have warned ual in front of him or her, and the first unfortunate. It shows a lack of matu- us: Be careful. Government run health words at the top of the page say: Say rity and judgment by those who are insurance, it is socialism, too much no. Raise questions. Tell them you will making those charges. And we have government. I am waiting for the first get back to them. heard them from the halls of Congress Republican Senator to come to the Am I making this up? I am not. I and outside. What we are talking about floor and say: So we should abolish have example after example from my here is health care reform this country Medicare; we ought to get rid of Med- home State of Illinois, from people I needs but health care reform that will icaid, which is for the poorest people, have met during the course of my serv- actually benefit Medicare beneficiaries. and we ought to get rid of veterans ice in the Senate and the House, and As shown on this chart, this is basi- health care, another government pro- people I met this last summer who will cally what we hope to do for seniors gram, and the Children’s Health Insur- verify that. when it comes to health insurance re- ance Program that makes health insur- So when the Republicans come to the form. ance affordable all across the United floor to criticize us and say they are First, we want to lower the cost of States. If one follows the Republican the guardians of Medicare, it does not medicine. Ask seniors about Medicare’s logic, they are all government health square with their traditional position prescription drug plan, and they will insurance programs. of opposing Medicare, with their efforts tell you: Well, it is good, but if you Traditionally, the Republican Party to cut Medicare over the years and the have a lot of drugs and they are very has not embraced the concept. Let’s be fact that when we talk about Medicare expensive—somehow or other Congress honest about it. They have a different and its future, they are nowhere to be dreamed up something called the view. They would like government to found. ‘‘doughnut hole.’’ What it basically step aside and let the market work its This is a critical health care debate means is, for some period of time each will. Have you noticed what the mar- we are facing. I admit the President year, those seniors who need drug pro- ket is working? The market is working has stuck his neck out a mile. It takes tection the most are on their own. its will in health insurance, and we are some courage to do it because he They have to start spending out of seeing private, for-profit health insur- knows it is a controversial issue. Presi- their pocket. We close the doughnut ance companies making a fortune, de- dent Obama said to us in a joint ses- hole, lowering the cost of medicine for nying one out of five people the cov- sion of Congress: If this were easy seniors under Medicare. erage they thought they had, raising somebody would have done it a long We provide for that free yearly their costs every single year. That is time ago. But he is going to take this checkup that can make all the dif- the reality of the private market. on, and he said to us publicly and pri- ference in the world. A senior who gets When it comes to Medicare, a pro- vately he will spend every penny of po- to go in and check up with the doctor gram created under President Lyndon litical capital he has to get it done. It regularly is one who is likely going to

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9777 spot something before it becomes seri- was on the panel, and he corrected him. I will say this: Even as it is being writ- ous where it can be treated success- He said: Mr. Gingrich, he didn’t say cut ten, we hear of efforts to cold call into fully. That makes good sense. Seniors Medicare. He said cut the subsidy to homes of senior citizens to tell them across America will appreciate that. the health insurance companies that that what is happening is an attempt That is part of our plan. are taking advantage of Medicare to to injure and take away services from Preventive care is free. We are profiteer, take that extra money and Medicare for senior citizens. It is not talking about mammograms, colon- provide the kind of care we need for true. It is false. oscopies, blood tests for prostate can- seniors, and make sure, in the process, It is hard to make the case, it seems cer. These things will be free under the we save the Medicare Program. to me, but some are trying, that if you health care reform we are talking Untouched, our Medicare Program is try to reduce the cost of Medicare by about for senior citizens and for vir- going to suffer from the same thing ev- getting rid of waste and fraud and tually everyone in America. erybody else suffers from in America: abuse, somehow that results in less Giving doctors who treat seniors the escalating cost of health care. We health care services for senior citizens, compensation for the care they are pro- have to do something. We have to keep yet that is exactly what is being rep- viding. We want doctors who are pro- our promise, not only to the seniors resented by some. fessional enough to include Medicare today, but to the many who will come I have watched very carefully and patients in their practice to be com- after them, that Medicare will be there been very concerned about the issue of pensated fairly. when they need it, that when they waste and fraud and abuse in Medicare. Finally, cut waste from Medicare. I reach the age of 65, they will have the There should be aggressive oversight, want to say a word about this. I got on peace of mind of knowing they can still with respect to those who are providing this ‘‘Meet The Press’’ program. I get go to their doctor, still go to their hos- Medicare benefits to senior citizens. on there once in a while on Sunday pital, get quality care, and not have a There is too much fraud. My hope is— mornings. I think they put me on be- catastrophic illness that wipes out and my understanding from what is cause I am free. But for whatever rea- their savings. being written with respect to pre- son, I was on there, and I was in debate This is a debate which is worth get- venting fraud—it is going to be a new with Newt Gingrich. You know Newt ting into. I hope those who follow it day. If you want to sign up as a pro- Gingrich, former Republican Speaker understand this party on this side of vider and get reimbursement from of the House of Representatives, the the aisle fought to create Medicare, Medicare for helping senior citizens, spokesman for many parts of his party fought to protect Medicare, and now is you better be providing the service. All today. fighting to save Medicare. Do not let too often that has not been the case. I said: It bothers me when people say those who come before us, misleading So when we decide we are going to health care reform is going to cut us about what we are trying to achieve try to cut waste and fraud and abuse in Medicare. Let me tell you what we here, mislead the American people. a very serious and relentless and ag- have in mind. A few years ago, the pri- Mr. President, I yield the floor. gressive way, we have people who say: vate insurance companies came to us The PRESIDING OFFICER. The Sen- Aha, what they are going to do will and said: We can do a better job at a ator from North Dakota. harm senior citizens. It is not going to lower cost in providing Medicare bene- Mr. DORGAN. Mr. President, I am harm senior citizens in the delivery of fits. Well, some people were skeptical. not so sure, given what is happening in health care to those who are entitled They said: Let us prove it. The gov- the country these days, it would be to it if we take on the waste and the ernment is doing this all wrong. Let very easy to enact the Medicare Pro- fraud and the abuse and start putting the private health insurance companies gram, had we not done so previously. the crooks in jail. That is not going to do it. We will show you, and we will The Medicare Program was enacted at hurt senior citizens. That is going to call it Medicare Advantage. a time when one-half of the senior citi- help America’s elderly. Off they went providing these Medi- zens in this country had no health Let me describe what I am talking care Advantage programs that were to care—none. That is not surprising be- about. In 2007, the Department of Jus- match the benefits under Medicare. cause the fact is, insurance companies tice randomly visited 1,600 durable The jury came in a few years later, do not go running after elderly people medical equipment suppliers that bill and, do you know what, many of these to say: Can we provide health insur- Medicare for services. They found that plans cost up to 14 percent more than ance coverage to you? We know you are one-third of the businesses did not Medicare. They did not save us money. in your seventies or eighties, and we exist. Think of that. They randomly It ended up these private health insur- know you are probably going to need visited 1,600 durable medical equipment ance companies not only did not make coverage for various things in the suppliers that provide services to bene- their point about being cheaper, they years ahead. We would like to provide ficiaries, we are told—they are billing cost the taxpayers more money than that coverage. the government for it—and they found we should have paid out. They did not In the mid-1960s, this country and the out that one-third of them did not provide additional benefits for Medi- Congress said: People in their elderly exist. They were mailboxes to collect care recipients that they needed. years should not have to lay their head fraudulent checks. They billed Medi- They want us to continue to sub- on their pillow at night and wonder care, combined, $237 million in 2007. sidize these private health insurance whether tomorrow might be the day Putting those people in jail and stop- companies that have failed in their when they become ill, have a disease, ping that kind of fraud does not injure offer to beat Medicare at its own game. have an accident, and go to a hospital Medicare. It strengthens it. It does not So when we say, and the President with no health insurance to cover their hurt senior citizens. says, we want to cut the subsidy to needs. A man named Mr. Alcides Garcia was health insurance companies under This Congress did something very im- sentenced to 8 years in prison. Here is Medicare, that is what he and we are portant, and, as is usually the case, a picture of him, so we can give him a talking about. If they did not keep when it created Medicare, there were little credit for what he did. He was their end of the bargain to provide plenty of people saying: Don’t do it. It sentenced to 8 years in prison after his medical care at the same cost or less won’t work. It is socialism. It medical equipment company made mil- cost than Medicare, why should we shouldn’t happen. But it did happen. lions in false Medicare claims. continue to subsidize them? I do not There is a health care bill being writ- Mr. Thomas Fiore, as shown in this think we should. ten in the Finance Committee now. I picture, was indicted with 10 others on I said that on the show, and the next am not part of a gang of two or a gang racketeering charges in south Florida person to speak was former Speaker of six or a gang of eight. I am part of for identity theft and Medicare fraud Newt Gingrich, who said: Well, that a gang of 99 Senators, as of today, who and much more. proves our point. DURBIN wants to cut will consider the bill they come up In April of this year, just months Medicare. with. I do not know what it will look ago, officials in Oregon wrapped up a Well, fortunately for me, Dr. Howard like, and I wish to see all of it before I lengthy fraud case. Again, to give cred- Dean, the former Governor of Vermont, make a judgment about its merits, but it where credit’s due, this is a man

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9778 CONGRESSIONAL RECORD — SENATE September 24, 2009 named Richard Vanderschuere. He because I don’t have health care, and I previously agreed to list of amend- faked disability. His wife Karen and can’t find an insurance company that ments to be considered in order to in- son Richard, Jr. claimed to be full-time wants to cover me because they know clude my amendment No. 2530 and to care providers. His mother claimed to what I know; that when you get older, set aside the pending amendment so be a weekend backup assistant. The so- sometimes you have those health mine may be called up. called caretakers received payments issues that are most acute. The PRESIDING OFFICER. The Sen- for providing home health care while In North Dakota, I recently met a ator from North Dakota. he received Social Security disability 111-year-old woman named Mary—111 Mr. DORGAN. On behalf of the ma- benefits. His mother was employed. By years old. She is acutely aware of ev- jority leader, I object. the way, this person’s mother was em- erything; she can visit with you about The PRESIDING OFFICER. Objec- ployed as a fraud investigator for a everything. She described to me when tion is heard. State agency in the State of Oregon at the barn burned down in 1904 when she Ms. MURKOWSKI. Mr. President, I the time. Here is his wife, to make sure was 6 years old. This is a wonderful, re- believe it is truly unfortunate that we she gets proper credit. We don’t want markable woman. She is certainly the are not allowed to consider this amend- to leave out the kid because they were oldest person in my State and I assume ment. The amendment I was hoping to all involved in this—trying to fleece one of the oldest people in our country. be able to bring up and consider is one the American taxpayers and defraud But think of what she has experienced that would prohibit the use of funds the American Government. in 111 years. Unbelievable things: the that has the effect of making carbon My point is very simple. My point is automobile, the airplane, walking on dioxide a pollutant subject to regula- that when we take on waste, fraud, and the Moon, you name it. But then think tion under the Clean Air Act for any abuse—and this is a new day; this is of this: In the middle of all this, after source other than a mobile source. not part of the lost decade when we had she was well into her sixties, Medicare It is unfortunate that the majority a whole lot of people fleecing this pro- was provided to say to America’s sen- will not allow us to consider this gram—when we do that, when we cut ior citizens: You don’t have to be amendment. The problem it seeks to down on the waste, fraud and abuse and frightened anymore. We are going to address is significant. I don’t believe it reduce the costs of Medicare, it is not provide health care coverage in your is going to go away if we choose to ig- about reducing Medicare for senior older years. nore it. As disappointed as I am, this citizens. Now 99 percent of the senior citizens amendment has clearly received con- I was in a little ice cream shop about in this country have health care. They siderable attention, so I wish to take 6 weeks ago in a little town in North are our parents, our grandparents, this time this afternoon to fully ex- Dakota. Two elderly women came up to those who raised us, those who loved plain its intent, my efforts to ensure me and said: BYRON, please don’t let us, those who cared about us. This its bipartisan nature, as well as the them take my Medicare benefits away. country then provided a program called reasons I believe it is so incredibly im- I understand that is what they are Medicare which said: You don’t have to portant for the Senate to be given an going to try to do. be afraid in your older years. You are opportunity to vote in favor of its I said: Well, they are not going to do going to be able to get health care. adoption, if not now, then at some that, but who told you that? That is what Medicare is about. Is it other point. They said: We got telephone calls perfect? No, it is not perfect. Is there In writing this amendment over this from some organization that said you waste, fraud, and abuse? Yes, there is, past week, I have listened to the con- have to be aware they are trying to and we are determined to shut it down. cerns of many of my colleagues and the take your Medicare Program away. It will be shut down with the right concerns of the environmental commu- I said: Well, that is not true. kinds of programs to prevent fraud. nity, as well as the concerns expressed They said: Well, we got the telephone And if you try to cheat the Medicare by the administration. My colleagues calls. Program, we are going to aggressively don’t have to take my word for this. I said: You might have gotten the prosecute. Look at the text of the amendment and calls, but it is not true. It is false. Again, I wish to make sure everybody see how it reflects—I think it so re- But what is happening around here— understands, when we hear people say: flects—very seriously the comments again, I don’t know what the health If you reduce the cost of Medicare by and the criticisms from those who have care plan will be that comes out of the getting rid of waste, fraud, and abuse weighed in. All I ask, at this time, is Finance Committee, but I will guar- you are hurting senior citizens and you that for the next few minutes, my col- antee this: Whatever it is, it would not are trying to cut senior citizens’ bene- leagues and my critics return the favor have a ghost of a chance of passing this fits, that is false and it ought to stop. and listen to what I have to say. Chamber if it begins to harm Medicare It is going on right now and it ought to For context, let’s start back at the Programs for the elderly in this coun- stop. Organizations doing cold calls beginning. Back in April of 2007, the try. This is a very important program. into homes of senior citizens ought to Supreme Court declared, in the case of We are the ones who created Medicare. stop. And it is parroted by politicians Massachusetts v. EPA, that carbon di- We believe it is important. Those and others who think it is an inter- oxide is a pollutant that can be regu- naysayers, those people who have al- esting message to scare senior citizens lated under the Clean Air Act. The ways opposed everything—and there and it ought to stop. Court held that the EPA must regulate are plenty of them, by the way—they Let me finish as I started. I don’t emissions from mobile sources—mean- are the ones who are saying: If you cut know what kind of health care bill is ing vehicles—if the Agency determined waste, fraud, and abuse, you are going going to come to the Senate, and I that carbon dioxide posed a threat to to cut X billions of dollars of costs; want to see it before I evaluate it. It is public health and welfare. therefore, you are cutting health care important. It is important to every- In the wake of that decision, EPA for senior citizens. That is false. I body. But I do know this: The Medicare began to lay the groundwork for Fed- think it ought to stop. We have groups Program is something that has very eral regulation of greenhouse gas emis- out there that are making cold calls substantial support in this Chamber. I sions. Through its proposed into homes trying to scare senior citi- don’t believe there is anything being ‘‘endangerment finding,’’ the Agency zens. written in any one of the committees has sought to confirm that greenhouse The fact is Medicare is a very impor- in the Senate that would begin to di- gas emissions are, indeed, a threat to tant program. It has enriched the lives minish or in any other way weaken the public health and welfare. That of the elderly in this country. Would Medicare coverage for America’s senior proposal is now under review and most we want to go back to a time when half citizens. If that was the case, it expect that it will be finalized in the the senior citizens reached the point in wouldn’t have a ghost of a chance of very near future. their lives where they were finished getting through this Senate. The EPA has also released its draft with their work life, didn’t have much I yield the floor. rule to regulate mobile source emis- in assets, and then sat around think- Ms. MURKOWSKI. Mr. President, I sions as required by the Supreme ing: Oh, my God, I hope I don’t get sick ask unanimous consent to modify the Court, and this will be accomplished

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9779 through a dual standard that includes NATIONAL FEDERATION We urge your support for the Murkowski increased vehicle fuel economy and re- OF INDEPENDENCE BUSINESS, amendment. duced tailpipe emissions. Washington, DC, September 23, 2009. Sincerely, American Farm Bureau Federation, I am not putting the brakes on that Senator LISA MURKOWSKI, Hart Senate Office Building, American Soybean Association, Na- proposal, despite some assertions to Washington, DC. tional Association of Wheat Growers, the contrary, but I am deeply con- DEAR SENATOR MURKOWSKI, On behalf of National Barley Growers Association, cerned about the reach it may ulti- the National Federation of Independent National Cattlemen’s Beef Association, mately have. Under the ‘‘Prevention of Business (NFIB), the nation’s leading small National Cotton Council, National Significant Deterioration’’ provisions business advocacy organization, I am writing Council of Farmer Cooperatives, Public within the Clean Air Act, anything to support your amendment to the Fiscal Lands Council, United Egg Producers, found to be a pollutant under one sec- Year 2010 Interior/Environment Appropria- US Dry Pea and Lentil Council, USA Rice Federation. tion will be subject to regulation under tions bill to prohibit the Environmental Pro- tection Agency for one year from using fed- all other sections of the statute. eral funds to regulate stationary sources of NATIONAL ASSOCIATION So what exactly does this mean in carbon dioxide (CO2). OF MANUFACTURERS, plain English? The EPA’s decision to As you know, the EPA proposed that six Washington, DC, September 23, 2009. regulate carbon dioxide legally covers greenhouse gasses (GHGs), including CO2, en- U.S. Senate, not only mobile sources but also sta- danger public health and welfare. These find- Washington, DC. tionary sources. We tend to think of ings would trigger stringent new regulations DEAR SENATOR: The National Association under the Clean Air Act (CAA) that would of Manufacturers (NAM), the nation’s largest powerplants when we think of sta- industrial trade association representing tionary sources, but also we think of disproportionately affect small entities that are not major polluters and least able to small and large manufacturers in every in- office buildings, hospitals, schools, and handle or even understand new restrictions. dustrial sector and in all 50 states, urges, apartment buildings. If you follow Regulation of GHGs under the CAA will cre- you to support the Murkowski Amendment along those lines, you get the right ate new burdens such as federal permitting to H.R. 2996, the Department of the Interior, idea. Very clearly, stationary sources requirements, restrictions on fuel choices Environment, and Related Agencies Appro- must reduce emissions in order to and energy use, and requirements for instal- priations Act, 2010. lation of new energy efficient equipment. At a time when our economy is attempting bring our Nation to its climate goals, to recover from the most severe recession but forcing them to do so through the Small business routinely cites unreason- able government regulations as a top prob- since the 1930s, Environmental Protection Clean Air Act would be one of the least lem, ranking number six on the 2008 NFIB Agency (EPA) regulations, with no guidance efficient and most damaging ways to Small Business Problems and Priorities pub- from Congress, will establish disincentives pursue that goal. It would be rife with lication. Regulatory costs are significant for the long-term investments that would be unintended consequences and, I be- and small businesses pay disproportionately necessary to grow jobs and expedite eco- nomic recovery. The Murkowski Amendment more than larger businesses. According to lieve, potentially devastating for our seeks to ensure a healthy and productive dis- the 2001 NFIB study on Coping with Regula- economy. cussion in Congress on harmonizing our na- tion, small businesses cite many reasons for Under the Clean Air Act, any sta- tion’s energy, environmental and economic being frustrated by government regulations, tionary source that emits more than needs before the EPA starts regulating car- including dealing with the extra paperwork, bon dioxide (CO2) emissions from stationary 250 tons of pollutants each year is sub- understanding what is needed to be in com- sources, including manufacturing facilities. ject to regulation. Unlike other pollut- pliance, and the dollars spent to comply with ants, pretty much every form of eco- Manufacturers support a comprehensive, government regulations. federal climate policy within a framework The cost of regulation for small business nomic activity generates some level of that will cause no economic harm while carbon dioxide emissions. So these add has risen by 10 percent, to $7,647 per em- granting sufficient time to deploy low-car- up relatively quickly. In fact, the U.S. ployee per year (according to the Small bon technologies, such as carbon capture and Chamber of Commerce has looked at Business Administration’s Office of Advo- sequestration, renewable energy and a re- this very closely. They believe that cacy). This means that for the average mem- newed and large-scale deployment of nuclear ber at NFIB with ten employees, the cost of power plants. more than 1.2 million buildings that regulation now exceeds $75,000 annually. have never before been regulated under Prior to the onset of the financial crisis in Adding more regulatory costs would be a se- 2008, energy inflation and price volatility the Clean Air Act would come under rious blow to already overburdened small were major contributors to a loss of approxi- this regulation if Congress does not in- business owners, who according to the Sep- mately 3.7 million high-wage manufacturing tervene and if EPA moves forward. tember 2009 NFIB Small Business Economic jobs. As you may know, manufacturers use The 250-ton threshold would encom- Trends survey, are still suffering from weak one-third of our nation’s energy. Because of pass more than just our major sales and profits numbers. the impact a federal climate policy will have emitters. Caught in the same net would NFIB supports the Murkowski amendment on the nation’s energy future, this is an issue because it would delay for one year the use be dry cleaners, restaurants, the local that must be debated by Congress without of federal funds by the EPA to regulate sta- preemption from a federal agency. Barnes & Noble bookstore. Realisti- tionary sources of CO2. As the 111th Congress Supporting the Murkowski Amendment cally, we are probably talking about continues, I look forward to working with does not convey opposition to climate any facility that is heated or cooled by you to address energy issues in a way that is change policy; it merely allows Congress to conventional means that is more than not disruptive to the small business commu- do its job. We concur with the sentiment in 65,000 square feet in size. nity. a Washington Post September 21 editorial, I think there are some very grave Sincerely, ‘‘Regulating Carbon.’’ It noted that the EPA concerns about the path the EPA SUSAN ECKERLY, ‘‘is preparing to regulate carbon under the Senior Vice President, Public Policy. would lead us down. I think they are Clean Air Act,’’ which ‘‘is breathtakingly unsuited to the great task of battling global apparent. I think others are seeing this SEPTEMBER 23, 2009. warming.... Yet if Congress does not act, as well and are expressing their con- U.S. Senate. it’s likely that the EPA will. It won’t be cerns. Just this week, I received letters DEAR SENATOR: The undersigned agricul- pretty.’’ from over 11 different agricultural tural organizations urge your support for an The NAM’s Key Vote Advisory Committee groups, including the American Farm amendment to be offered by Senator Mur- has indicated that votes on the Murkowski Bureau Federation. I have received let- kowski that would prevent unintended and Amendment, including potential procedural unwanted consequences from regulation by motions, may be considered for designation ters from the American Council of En- the Environmental Protection Agency (EPA) as Key Manufacturing Votes in the 111th gineering Companies; NFIB, the Na- of greenhouse gases under the Clean Air Act. Congress. Thank you for your consideration. tional Federation of Independent Busi- The Supreme Court, in Massachusetts v. Sincerely, nesses; the National Association of EPA, held that EPA was not precluded from JAY TIMMONS. Manufacturers and the U.S. Chamber of regulating greenhouse gases under section Commerce. 202(a) of the Clean Air Act, which addresses AMERICAN COUNCIL I ask unanimous consent that the new motor vehicle emission standards. This OF ENGINEERING COMPANIES, letters from these organizations be amendment would not affect the rulemaking Washington, DC, September 23, 2009. since the rulemaking is still pending. Hon. LISA MURKOWSKI, printed in the RECORD. We do not believe it is sound policy for the U.S. Senate, There being no objection, the mate- EPA to extend this pending regulation be- Washington, DC. rial was ordered to be printed in the yond motor vehicles into activities like the DEAR SENATOR MURKOWSKI: The American RECORD, as follows: production of crops, livestock and poultry. Council of Engineering Companies (ACEC) is

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9780 CONGRESSIONAL RECORD — SENATE September 24, 2009 pleased to support your amendment to the matter this Congress. It would be inappro- ton proposal, this tailoring issue, is FY 2010 Interior Appropriations bill dis- priate for EPA to usurp ongoing congres- simply not going to hold. It has no allowing for one year the U.S. Environ- sional action on a major policy decision and legal basis. I think we expect it would mental Protection Agency (EPA) from regu- regulate the very same sources (and the very be swiftly rejected by the courts. The lating under the Clean Air Act greenhouse same emissions) that would be covered by gas (GHG) emissions from stationary greenhouse gas legislation. Yet that is pre- EPA cannot constitutionally legislate sources. Without taking an overall position cisely what would happen if EPA were al- a major change in the Clean Air Act. on comprehensive climate change legisla- lowed to proceed. Ultimately, once this has all played tion, we agree that Clean Air Act regulation Since the Massachusetts v. EPA decision, out, the Agency’s carbon dioxide regu- of GHGs for stationary sources is not the ap- EPA has issued regulations implementing a lations would remain in effect, but the propriate way to manage carbon emissions. federal greenhouse gas registry, has proposed ACEC is the business association of Amer- threshold would be triggered at a level ‘‘endangerment’’ for the motor vehicle sec- 100 times lower than the Agency had ica’s engineering industry, representing tor, and has proposed a rule to regulate more than 5,000 independent engineering motor vehicle greenhouse gas emissions. planned. companies throughout the United States en- EPA is also likely to issue and enforce as That brings us to the tremendous gaged in the development of America’s infra- early as spring 2010 a suite of regulations ap- consequences we can expect as a result. structure. ACEC member firms represent the plying to stationary sources, New Source There is widespread agreement that broad spectrum of the industry, from very Performance Standards for equipment, Pre- the regulation of carbon dioxide emis- large firms to small, family-owned busi- vention of Significant Deterioration con- sions under the Clean Air Act would be nesses. struction permits, and Title V operating per- We think it is wise public policy to delay absolutely unworkable and, at the mits. same time, economically devastating. for one year potentially premature EPA reg- EPA asserts it can use the Clean Air Act to ulatory actions under the Clean Air Act be- ‘‘tailor’’ its rules to large industrial sources, In the words of a long-term Democrat fore the Congress decides on its course of ac- despite the Act’s clear language. The Cham- over in the House, it will create a ‘‘glo- tion. The breadth of the issues in a com- ber disagrees, believing only Congress can rious mess.’’ Another observed it could prehensive climate change-energy bill re- determine the scope of the Clean Air Act. As result in ‘‘one of the largest and most quires thoughtful debate with ample time to raised repeatedly in correspondence from the negotiate differences between senators from bureaucratic nightmares that the U.S. Chamber, EPA could cripple the economy if all regions of the country, which has just economy and Americans have ever it opens greenhouse gas regulation beyond begun in the Senate and should not be hin- seen.’’ mobile sources. EPA should remain within dered by concerns that EPA could be devel- Just this week, the editors of the the bounds of the Massachusetts v. EPA de- oping a regulatory program for stationary Washington Post argued that the Clean cision, which dealt with mobile, not sta- sources that may be entirely inappropriate Air Act is ‘‘breathtakingly unsuited to for GHG emissions. Even the EPA Adminis- tionary, sources. The Murkowski amendment would allow the great task of battling global warm- trator has indicated that she would prefer EPA to move forward with its greenhouse ing.’’ The Wall Street Journal’s editors that the Congress work its will on a climate gas registry and to take public comment on change bill rather than ceding authority to cast it as ‘‘reckless endangerment.’’ its motor vehicle rule, but it would hold in EPA. They went on to assert that the regula- It is also important to note that your abeyance EPA’s efforts to regulate sta- tion would be like putting ‘‘a gun to amendment does not permanently take away tionary sources while Congress considers the head of Congress’’ to ‘‘play cap and greenhouse gas legislation and the Obama any authority from EPA, but simply asks for trade roulette with the U.S. economy.’’ a one-year delay in stationary source regula- administration negotiates an international accord. If enacted, the Murkowski amend- That may sound over the top, but tions. Given that the House-passed climate even some members of the environ- change bill makes it clear that stationary ment would allow Congress to consider sources are subject only to the provisions of meaningful and pragmatic greenhouse gas mental community have agreed with the legislation and not to Clean Air Act reg- legislation free from any EPA-imposed the metaphor, as one clean air advo- ulations, your amendment is eminently rea- threat of a regulatory cascade. cate affirmed this by saying this regu- sonable as the debate continues. The Chamber opposes the Feinstein amend- lation is ‘‘the legal equivalent of a .44 At the same time, we are hopeful that the ment, which would only exempt farms and magnum.’’ amendment can be carefully tailored to limit other small stationary sources from Clean This regulation is a train that could Air Act Title V regulation. While the Cham- EPA’s GHG regulatory authority under the wreck our fragile economy. It is our Clean Air Act to only mobile sources. We ber has long argued that the Clean Air Act is thank you for the opportunity to express our a poor tool to address greenhouse gas emis- own creation, and it is barreling to- views. If you have any questions or would sions because it would trigger regulation of ward us at full speed. I recently saw an like to discuss our comments, please feel free smaller sources, like farms, hospitals and ironic motivational poster that said: to contact me or our environment and en- small businesses, it would be unwise policy ‘‘Government—if you think the prob- ergy director, Diane S. Shea. for Congress to react to an attempt by EPA lems we create are bad, wait until you Sincerely, to assert jurisdiction over greenhouse gas see our solutions.’’ It is fair to say that DAVID A. RAYMOND, emissions from stationary sources with this issue, the regulation of carbon di- President and CEO. piecemeal, temporary, and wholly incom- plete fixes. oxide under the Clean Air Act, is one of CHAMBER OF COMMERCE The Chamber reiterates its call for Con- the many examples of why that poster OF THE UNITED STATES OF AMERICA, gress to approve bipartisan, comprehensive was created and, sadly, it occasionally Washington, DC, September 23, 2009. greenhouse gas legislation in a manner that rings true. TO THE MEMBERS OF THE UNITED STATES adequately addresses environmental, energy Today, however, the Senate can SENATE: The U.S. Chamber of Commerce, the security, economic, and international as- choose another course for the debate world’s largest business federation rep- pects of the issue. The Murkowski amend- over energy and climate policy. The resenting more than three million businesses ment would facilitate a bipartisan, sensible Clean Air Act is one of our worst op- and organizations of every size, sector and framework for greenhouse gas legislation region, strongly supports an amendment ex- and ensure that EPA does not exceed the tions to regulate carbon dioxide emis- pected to be offered by Sen. Murkowski and Court’s Massachusetts v. EPA decision. sions, but it is not our only option for strongly opposes an amendment expected to Sincerely, that cause. be offered by Sen. Feinstein to the FY2010 R. BRUCE JOSTEN, Those of us in Congress can and Interior, Environment and Related Agencies Executive Vice President, should step up and pass workable, in- Appropriations Act, both related to green- Government Affairs. tellectually honest climate legisla- house gas emissions. The Murkowski amend- Ms. MURKOWSKI. To its credit, the tion—whether it is a system of cap and ment would ensure that should the U.S. En- vironmental Protection Agency seek to regu- EPA realized that regulations at the trade, a carbon tax, or something else late greenhouse gases under the Clean Air 250-ton level are simply not feasible. So that removes the Clean Air Act from Act absent specific authorization from Con- to try and resolve this issue, the Agen- the equation. Nearly every participant gress, that EPA limit such regulation to mo- cy is apparently considering what they in this debate, from elected officials to bile sources. This was the issue decided by are calling a tailoring proposal. This businesses and the environmental com- the U.S. Supreme Court in Massachusetts v. would lift the Clean Air Act’s regu- munity, has stated their preference for EPA. The Feinstein amendment would seek latory threshold to 25,000 tons. That is legislation over regulation. to ‘‘tailor’’ a small subset of EPA regula- That is where my amendment comes tions, but in a manner far less comprehen- a hundredfold increase. sive than the Murkowski amendment. I shared the Agency’s concern about in. For exactly 1 year, it would limit The House has approved climate change a 250-ton carbon dioxide limit, but this the EPA’s ability to regulate carbon legislation, and the Senate may take up the 250-ton proposal moving up to a 25,000- dioxide emissions to just the mobile

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9781 sources that were the subject of the asked to rush to judgment, cut off de- ished, Senator BINGAMAN and I worked 2007 Massachusetts v. EPA lawsuit. bate on one of the greatest challenges together, very cooperatively and col- This is nothing more than a temporary of our time, and to pass a bill—any laboratively, on another comprehen- timeout that will give us the breathing bill—that purports to reduce emissions. sive measure—the American Clean En- room in an already heated debate. It In my mind, this situation has cre- ergy Leadership Act. We reported that will give us the time we need to de- ated a false dilemma, a proverbial bill from the Energy Committee more velop a sensible, effective policy that Morton’s Fork on Capitol Hill—mean- than 3 months ago. It would signifi- achieves the same result at a much ing between a rock and a hard place. cantly reduce greenhouse gas emis- lower cost. Right now, those of us in the Senate sions, without causing economic harm, Anyone who takes the time to read are clearly left with two bad choices— and yet it is still waiting to be heard my amendment will see I have gone to the EPA’s endangerment regulation or on the Senate floor. great lengths here to ensure it does not the House’s energy and climate bill— The 23 members of the Energy Com- lead to any unintended or adverse con- neither of which will end well for the mittee produced a bipartisan energy sequences. It has been drafted and re- American people. Making matters bill in the first 6 months of Congress. I drafted to limit one action by the EPA worse, we are told there isn’t enough have every reason to believe that the for 1 year, and nothing else. I have time to consider our options and de- full Senate can, over a time period been responsive to bipartisan requests, velop a more viable path forward. twice as long, develop an effective cli- even from Members who I knew would By voting ‘‘yes’’ on my amendment, mate policy that will further reduce not be able to support this amendment, we could easily change this unfortu- greenhouse emissions, without dis- because I am committed to avoiding nate dynamic. But we will not halt or rupting our economy. But that will re- any overreach. hinder progress on climate legislation, quire us to base our decisions more So the result we have is an amend- as some have suggested. Not one of the than on vote counts and special re- ment that will not interfere or conflict climate bills that has been introduced quests. It will require us to set aside with any other regulation or action so far would take effect until 2012—2 politics and focus on substance. It will that EPA is obliged to complete. That full years after the limitation imposed force us to cross the aisle instead of goes for the preparatory work for the by my amendment would expire. closing ranks, and it will mean acting regulation of carbon dioxide emissions. If my amendment were to be accept- on behalf of the American people, in It holds true for the rule to expand the ed, the EPA will continue its work to their best interests, rather than our renewable fuel standard, for construc- regulate emissions from mobile own or our party’s. tion permits, and for regulations to sources. The agency and its employees With regard to my amendment, the foster the development of clean coal will go about their business exactly as majority has again objected to calling technologies. normal. They can even continue devel- it up. They have done everything they My amendment will not in any way oping regulations for carbon dioxide can to prevent a vote from occurring impact EPA’s authority relating to the emissions from stationary sources. For on the amendment, culminating in the reporting of greenhouse gas emissions, the next year, they simply cannot put objection that we not even have debate its ability to develop a voluntary car- those regulations into effect. One year on the matter today. I want my col- bon offset program, to issue permits for after this bill is signed into law, that leagues to know, however, that this energy infrastructure on or near Fed- limitation would expire, and the EPA issue will not go away. Neither will my eral land, permit carbon sequestration would have every authority to proceed commitment to seeing it addressed projects, or to move forward with very if Congress has still not acted. head-on in a responsible and, if at all important work of both exploring for For those who have expressed con- possible, bipartisan way. and producing the vast reserves of do- cern that my amendment would be- I ask unanimous consent that Sen- mestic energy on our Outer Conti- come a long-term fixture in appropria- ators BARRASSO, JOHANNS, and nental Shelf. tions legislation, be assured that I will CHAMBLISS be added as cosponsors to All of these concerns have been work with you to ensure that the cli- my amendment. raised over the past several days, be- mate debate not only proceeds but With that, I yield the floor. fore this amendment was even intro- reaches a conclusion in the form of a The PRESIDING OFFICER (Mr. duced. All of these concerns are explic- responsible bill that a majority of us JOHANNS) Without objection, it is so or- itly addressed within it. Some of our can support. As an elected representa- dered. Nation’s leading Clean Air Act attor- tive of the State that has been hit The Senator from California is recog- neys—among the best and brightest hardest by climate change, I will work nized. legal minds—have assisted us in its in good faith with all who want to ad- Mrs. FEINSTEIN. Mr. President, I preparation. They agree it will do ex- dress climate change in an effective know Senator BOXER, the chairman of actly as it says, and that leaves very way, while protecting our fragile econ- the Environment and Public Works little ground for the claims that have omy from further harm. Committee, has an hour reserved to been made against it. To those who have claimed I am try- come and speak. Given how devastating the EPA’s ing to put the brakes on climate legis- First, I will respond to the comments regulation of carbon dioxide emissions lation, I simply remind you of my long- of the distinguished Senator from Alas- could be, many casual viewers are standing support for renewable, nu- ka. I hope she will understand there probably left wondering why, exactly, clear, and alternative energies as part are many of us who have viewed her my amendment has drawn such fierce of the solution. There is a right way amendment with substantial alarm, for opposition. Well, again, let me be clear. and there is a wrong way to moving reasons that I thought I might spend a As much as anything else, the regula- forward in addressing climate change. few moments speaking about. tion of carbon dioxide under the Clean EPA regulation of greenhouse gas Essentially, as I understood the Air Act is being used as a thinly veiled emissions is simply the wrong way. We amendment, which was blocked from threat to force the Senate to act on cli- must reduce emissions, but it is unac- coming to the floor, it attempted to mate legislation, regardless of where ceptable to do so at any cost and by prohibit the EPA from using any funds we are in what remains an ongoing and any means. While Congress has not yet to enforce the Clean Air Act to reduce incredibly important debate. developed a workable bill, I will con- greenhouse gas emissions from sta- The possibility that our worst option tinue to work as hard as I can to make tionary sources. to reduce emissions will move forward, sure that, in fact, we do. The proponents have argued that despite its consequences, is supposed to Unlike many Members of the Senate, their only goal was to protect small somehow compel us to move faster. We I have also cosponsored cap-and-trade family-owned farms and businesses are expected to push through a climate legislation. I cosponsored the Low Car- from overly burdensome regulations. bill, perhaps regardless of its content, bon Economy Act that was offered last Yet the amendment would have gone in order to stave off this regulation. If Congress by Senator BINGAMAN and much further. In fact, it would actually the House debate is any indication of Senator SPECTER. This year, recog- exempt some of the Nation’s largest how our own will proceed, we will be nizing that our work is far from fin- commercial emitters from climate

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9782 CONGRESSIONAL RECORD — SENATE September 24, 2009 change regulation, including huge in- means EPA would not be able to com- burning 131 trainloads of coal per dustrial facilities, such as powerplants plete a joint rulemaking with the De- year—these would be exempted—or and refineries. partment of Transportation to increase burning 2.8 million gallons of gasoline I am very pleased that this amend- corporate average fuel economy, which annually. ment is not before us today. The under- we call CAFE´ , and create a tailpipe The 25,000-ton threshold would ex- lying rationale, as I understand it from emissions standard for automobiles. empt every small source, focusing only the amendment, is groundless. EPA That would have been a major prob- on 13,000 of the largest emitters in the Administrator Lisa Jackson has made lem. It would block implementation of United States. it clear that the agency will not use the 2007 fuel economy law which I au- Let me say that again. The 25,000-ton the Clean Air Act to regulate either thored with Senator SNOWE and which threshold which EPA intends to pro- small businesses or family-owned took us a long time to get passed and ceed with, and which my side-by-side farms. I was prepared, should the enacted. amendment would have had as one of amendment have come up, to put down By undermining the negotiated the two criteria, would exempt every a side-by-side amendment that would agreement between States and the small source, focusing only on the have clearly exempted any farm, as Obama administration, the Murkowski 13,000 largest emitters in the United well as any business, that emits under amendment would also have likely re- States. 25,000 tons of carbon dioxide per year. sulted in States moving forward with EPA intends to only regulate the Let me point this out. Stationary in- their own tailpipe emissions standards largest facilities, and these facilities dustrial sources account for over half which automakers have fought for are, almost without exception, already of the U.S. greenhouse gas emissions, years as too onerous. This would have regulated under the Clean Air Act for according to EPA. These are the lead- stopped California and 14 other States emissions of other pollutants such as ing cause of climate change, and they and the District of Columbia from mov- soot, smog-forming nitrous oxides, or must be reduced if we have any hope of ing forward with implementing tailpipe acid-rain-inducing sulfur dioxide. Let me now explain why the Mur- containing the worst impact of climate emissions standards. kowski Amendment would impact the change. The amendment would have This amendment is vigorously op- joint EPA-Department of Transpor- hampered the administration’s effort posed by the Alliance of Automobile tation rulemaking on automobile to tackle one of the biggest pieces of Manufacturers, which includes General greenhouse gas emissions. the emissions puzzle: large industrial Motors, Ford, and Chrysler, the Asso- This rulemaking is of critical impor- facilities. It would have been a major ciation of International Automobile tance, and the regulation imple- setback. Manufacturers, and the United Auto menting this law was negotiated by the Thirdly, the amendment would effec- Workers. To that end, I ask unanimous White House in cooperation with auto- tively overturn the Supreme Court’s consent to have printed in the RECORD makers, the States, and labor. landmark decision in Massachusetts v. at the conclusion of my remarks a let- But according to a letter I received EPA. In that decision, the Court found ter from the Auto Alliance and the As- from EPA Administrator Lisa Jackson that the Clean Air Act requires the sociation of International Automobile last night, the impact of the Mur- EPA to determine whether the emis- Manufacturers. kowski amendment ‘‘would be to make sions of greenhouse gases may be rea- The PRESIDING OFFICER. Without it impossible for the EPA to promul- sonably anticipated to endanger public objection, it is so ordered. gate the light-duty vehicle greenhouse- health or welfare and then comply with (See exhibit 1.) gas emissions standards that the agen- the Clean Air Act requirements de- Mrs. FEINSTEIN. Mr. President, fi- cy proposed on September 15, 2009.’’ signed to protect public health from nally, the amendment would send the She writes: dangerous pollution. wrong signal to the rest of the world Because of the way the Clean Air Act is Upon completion of an endangerment about the Senate’s intentions on cli- written, promulgation of the proposed light- finding, the Clean Air Act requires mate change. It would suggest that we duty vehicle rule will automatically make EPA to control greenhouse gases from want to ignore the clear imperative to carbon dioxide a pollutant subject to regula- both stationary and mobile sources. act, despite the efforts of the adminis- tion under the Clean Air Act for stationary Many argue—and I happen to agree— tration to motivate the international sources, as well as for light-duty vehicles. that regulating the largest greenhouse community in advance of the Copen- The only way that EPA could comply with the prohibition in Senator MURKOWSKI’s gas emitters through new legislation, hagen summit. amendment would be to not promulgate the establishing a cap-and-trade system, There is some concern also about light-duty vehicle standards. would be more efficient and less expen- small emitters. EPA is not planning to These standards are something Sen- sive than regulating these sources regulate small emitters. EPA Adminis- ator SNOWE and I have worked on for at under the existing Clean Air Act. trator Lisa Jackson has clearly stated least 7 years now, beginning with the But until Congress enacts climate on several occasions that the agency SUV loophole and ending with the bill change legislation, EPA has a legal ob- will not regulate small emitters. She that became law, would be totally un- ligation to follow the Clean Air Act. So said it in her confirmation hearings, dermined. By undermining the nego- if one does not want EPA to take ac- she said it again at Senate budget tiated agreement between States, the tion under the Clean Air Act, then this hearings, and she reiterated that com- amendment would also likely result in body should want to pass a cap-and- ment when she appeared before the States moving forward with their own trade bill. Senate Interior Appropriations Sub- tailpipe emissions standards. The chairman of the EPW Com- committee hearing on EPA’s fiscal As I indicated before, in 2002 Cali- mittee, Senator BOXER, has been work- year 2010 budget just a few months ago. fornia enacted a landmark law to re- ing very hard to put together a bill In fact, Administrator Jackson has duce tailpipe emissions standards by 30 which has an opportunity to pass this sent a draft deregulatory rule to the percent for all new sedans, trucks, and Senate. Office of Management and Budget for SUVs by 2016. The point is, if we do not want the review which would establish clearly I also stated that 14 other States— Clean Air Act to prevail, then the cap- that all but the very largest sources of namely, Arizona, Connecticut, Florida, and-trade bill is the only way to go. greenhouse gas will be preemptively Maine, Maryland, Massachusetts, New That is a clear incentive for the Senate exempted from the stationary source Jersey, New Mexico, New York, Or- and the House to pass a bill. permitting requirements in the Clean egon, Pennsylvania, Rhode Island, EPA has released a draft Air Act. Vermont, Washington, and the District endangerment finding which it is going She has no intention of regulating of Columbia—have adopted or an- to soon finalize. Yet the amendment small sources that emit under 25,000 nounced their intention to adopt Cali- would have blocked EPA from com- tons of carbon dioxide or any small fornia’s greenhouse gas emissions con- pleting the endangerment finding and farm. trols. from complying with its legal obliga- Mr. President, 25,000 metric tons is a The amendment would have been a tions to protect public health. The re- very high threshold. According to EPA, major roadblock in efforts to improve percussions would have been major. It it is equivalent to the emissions from fuel economy standards for vehicles.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9783 I don’t think we can bury our head in and Related Agencies Appropriations Act. As While the author of the amendment ap- the sand when it comes to climate you noted in your letter, Senator Murkow- pears not to intend this outcome, we feel change. ski’s amendment would prohibit the Envi- compelled to express our concerns. It is crit- I would like to conclude by remind- ronmental Protection Agency from using ical that the national program for regulating any funds made available under the Act to greenhouse gas emissions from autos be fi- ing my colleagues that it makes no take any action that would have the effect of nalized early next year. Failure to do so sense at this particular point in time making carbon dioxide a pollutant subject to would subject automakers to a patchwork of to put on the floor a major amendment regulation under the Clean Air Act for any conflicting state and federal regulations. which well could have devastated both source other than a mobile source. Therefore, we respectfully oppose the adop- the EPA and any effort to get to cap- You asked me what the practical impact tion of the Murkowski amendment as writ- and-trade legislation when, in fact, the would be if Congress enacted Senator Mur- ten to H.R. 2996. EPW Committee is struggling to write kowski’s amendment. Perhaps the most Sincerely, DAVE MCCURDY, a comprehensive bill which has an op- striking impact would be to make it impos- sible for the Environmental Protection President & CEO, Alli- portunity to pass this body. Agency to promulgate the light-duty vehicle ance of Automobile Again I say, if people do not want the greenhouse-gas emissions standards that the Manufacturers. Clean Air Act prevailing, then the only agency proposed on September 15, 2009. Be- MICHAEL STANTON, way you can do that is with a cap-and- cause of the way the Clean Air Act is writ- President & CEO, As- trade bill. That is the way the com- ten, promulgation of the proposed light-duty sociation of Inter- mittee of this body is proceeding. I be- vehicle rule will automatically make carbon national Automobile lieve it is the correct way. dioxide a pollutant subject to regulation Manufacturers. I believe our Nation is in serious under the Clean Air Act for stationary Mrs. FEINSTEIN. I yield the floor. jeopardy, as is the rest of planet Earth, sources, as well as for light-duty vehicles. The PRESIDING OFFICER. The Sen- The only way that EPA could comply with with global warming. I believe it is ator from Alaska. the prohibition in Senator Murkowski’s Ms. MURKOWSKI. Mr. President, real. Just this week, the Journal Na- amendment would be to not promulgate the ture published a new paper that found under the unanimous consent agree- light-duty vehicle standards. ment, I apparently had 30 minutes. Can rapid deterioration of the ice sheets on As you know, promulgation of EPA’s light- Greenland and Antarctica. Yesterday duty vehicle greenhouse-gas emissions the Chair tell me if I have time re- on this floor, I showed the deteriora- standards is an essential part of the historic maining? The PRESIDING OFFICER. The Sen- tion in the Arctic. I showed the dete- agreement that President Obama announced ator from Alaska has 11 minutes re- rioration in Greenland. I showed the earlier this year with the nation’s auto-mak- ers, the State of California, the Department maining. deterioration in the Chukchi Sea. I of Transportation, and EPA. That agreement Ms. MURKOWSKI. Mr. President, I showed the deterioration off Barrow, attracted broad, bi-partisan support. The know the Senator from Oklahoma had AK. It is happening all over the world. joint DOT–EPA standards are projected to wanted to make a couple comments, The Flat Earth Society cannot pre- save 1.8 billion barrels of oil over the life of but I would like to take a couple extra vail. I think there is a real danger sig- the program, which is twice the amount of minutes before I turn to him in re- nal out there for planet Earth. We oil (crude oil and products) imported in 2008 from the Persian Gulf countries, according sponse to my friend and colleague from know we cannot reverse it. We know California. that greenhouse gases do not dissipate to the Department of Energy’s Energy Infor- mation Administration Office. Additionally, In many ways, she has made my and go away after a period of time in the standards are projected to help save con- point or supported the argument. I the atmosphere. We now know these sumers more than $3,000 over the lifetime of would agree that, in fact, in order to gases that began during the Industrial a model year 2016 vehicle and reduce approxi- deal with this very timely issue, this Revolution are still present in the at- mately 900 million metric tons of greenhouse very significant issue, we must act. I mosphere, and we know that the Earth gas emissions. Enactment of Senator Mur- just do not believe that utilizing the is not immutable, that it can change. kowski’s amendment would pull the plug on regulation, moving a climate change We look at other planets and we see those extraordinary accomplishments. regulation through the EPA, is the that they have changed over the mil- Sincerely, LISA P. JACKSON, best instrument, the most effective in- lennia. What we do here to protect our Administrator. strument. planet Earth for the next generations The people I represent back home are EXHIBIT 1 is so key and critical. very concerned about this, as I have in- SEPTEMBER 24, 2009. This discussion has to be joined in an dicated, and are expecting their Con- appropriate way, and an appropriate Hon. DIANNE FEINSTEIN, U.S. Senate, Hart Senate Office Building, gress to act. But they do not feel very way is when a cap-and-trade bill is pro- Washington, DC. comfortable with unelected bureau- duced by the Environment and Public DEAR SENATOR FEINSTEIN: We are writing crats in the Environmental Protection Works Committee and the chairman of regarding Senator Murkowski’s Amendment Agency telling them that, in fact, this that committee is on this floor and the Number 2530 to H.R. 2996, the Department of is the road we are going to be going bill is open for amendments and there the Interior, Environment, and Related down, with no real appreciation or sen- is a free flow of debate and discussion. Agencies Appropriations Act. As manufac- sitivity to the environmental factors turers, we are sympathetic to the thrust of I believe the science is real. I pointed that we in this body assess as we are out yesterday we have a project in in- Senator Murkowski’s amendment that the Congress—and not simply EPA acting under trying to advance policy. We need to be telligence whereby the satellites are the provisions of the current Clean Air Act— driving forward good, thoughtful, con- tracking deterioration in the ice should determine how best to reduce U.S. sidered, reasonable policy on the issue shelves of the world. I hope to present greenhouse gas emissions economy-wide. of climate change. more of that information when there is However, the amendment raises additional I am not disagreeing we stop on this a bill on the Senate floor. issues that must be considered where com- issue. I am simply suggesting we need I ask unanimous consent to have plicated and interconnected environmental to make sure it is Congress, it is and legal issues are at stake. We are con- printed in the RECORD Administrator through the legislative process that we Lisa Jackson’s letter. cerned that due to the complex interactions among regulations under the various sec- advance these very important policy There being no objection, the mate- tions of the Clean Air Act, the amendment initiatives. rial was ordered to be printed in the may impact significantly pending regula- I do want to also make a comment RECORD, as follows: tions in the mobile source sector—despite about the concern that somehow or an- UNITED STATES ENVIRONMENTAL language in the amendment that would ap- other my legislation would pull back PROTECTION AGENCY, pear to leave the sector unaffected. In a let- on what the EPA is currently doing Washington, DC, September 23, 2009. ter to Senator Feinstein dated September 23, with mobile sources, the emissions Hon. DIANNE FEINSTEIN, Administrator Jackson stated EPA’s inter- from tailpipes. I don’t think we could pretation that the Murkowski amendment as U.S. Senate, have drafted the amendment any more Washington, DC. filed would ‘‘make it impossible for the Envi- DEAR SENATOR FEINSTEIN: Thank you for ronmental Protection Agency to promulgate clear to ensure that it is specific as to your letter about Senator Lisa Murkowski’s the light-duty vehicle greenhouse-gas emis- the stationary sources. Amendment Number 2530 to H.R. 2996, the sions standards that the agency proposed on Again, I urge my colleagues to make Department of the Interior, Environment, September 15, 2009.’’ sure they are looking at the draft of

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9784 CONGRESSIONAL RECORD — SENATE September 24, 2009 the amendment we have proposed and people are not aware of how this proc- (Purpose: To ensure that the Assistant to the not some previous initiatives. ess works; that ultimately, if the find- President for Energy and Climate Change One final point before I turn to Sen- ings are there, that is when they reach (commonly known as the ‘‘White House Climate Change Czar’’) is not directing ac- ator INHOFE. The point has been made into every life in America. However, by my colleague from California that tions of departments and agencies funded this Dr. Carlin has been with the EPA by this Act) the Administrator for EPA has said it for a long period of time, and he was is not her intention to be regulating At the appropriate place, insert the fol- upset that his information was inten- lowing: the small emitters—the farms, the tionally suppressed. small businesses. She has made those FUNDING LIMITATION Then we find out that information SEC. ll. None of the funds made available statements, and I appreciate that, but concerning the economics, such as we the problem we face is the Clean Air by this Act may be obligated for the purpose found through the U.S. Treasury’s as- of departments or agencies funded by this Act, which doesn’t give her that flexi- sessment when they were trying to say, Act and lead by Senate-confirmed appointees bility to change the Clean Air Act. She during the consideration of, perhaps implementing policies of the Assistant to the is obligated to regulate those entities this modified bill that it would be the President for Energy and Climate Change that emit in excess of 250 tons. These cost of a postage stamp a day, that in (commonly known as the ‘‘White House Cli- are our smaller emitters. So even fact it would have been some $1,761 per mate Change Czar’’). though she may have suggested or stat- family every year—we tried to relate Mr. VITTER. Mr. President, I did ed this is not her intention to go down that back to what kind of a tax in- just waive reading of the amendment, that road—she can perhaps move for- crease this is. If you remember back in but I am going to read it. It is very ward with this tailoring proposal, but the year 1993, we had the Clinton-Gore short and very to the point, and I think as I stand before you, I can almost bet tax increase—the largest tax increase simply reading the language is the best that will be challenged in court and it in decades. It was the inheritance tax, way to introduce the concept. will not pass the test and we will be marginal rates, capital gains, and The language is very clear: stuck with what we are all attempting every kind of tax imaginable. If you None of the funds made available by this to avoid, which is capturing the small- add all that up, that was a $32 billion Act may be obligated for the purpose of de- er businesses—the restaurants, the dry- tax increase. This would be almost 10 partments or agencies funded by this Act cleaners, et cetera—into this net as we times that much. and led by Senate-confirmed appointees im- try to provide for the regulation of the plementing policies of the Assistant to the So I think, as we progress along the major emitters. President for Energy and Climate Change I am sure we will have plenty of op- lines of the endangerment finding, we (commonly known as the ‘‘White House Cli- mate Change Czar’’). portunity on this floor to continue this know how it will be life changing for debate, but at this time, Mr. President, every element of our society. So I ap- That is the entire amendment, and I yield the remainder of my time to my preciate the efforts of both Senator the amendment is, again, very simple colleague from Oklahoma. MURKOWSKI and Senator THUNE to and straightforward. The point it is The PRESIDING OFFICER. The Sen- bring this issue of endangerment find- making is that we have Cabinet-level ator from Oklahoma is recognized. ings to the forefront. I am not sure it appointees. They come before the Sen- Mr. INHOFE. Mr. President, I only is the best idea to try to get a 1-year ate for vetting and they come before want to be here to thank the Senator moratorium because in a way that the Senate for confirmation. After they from Alaska and Senator THUNE for might suppress some of the activity are confirmed, they come before the trying to bring to our attention the that is going on to expose how bad this House and Senate on a regular basis as issue of the endangerment findings. I is to the public. part of our oversight responsibilities. have been discussing the incoming eco- Having said that, I appreciate being This constitutional structure should nomic train wreck that can result from yielded a small amount of time, and I not be superceded by these so-called these regulations since the case of Mas- yield the floor. czars which have grown enormously under this administration. sachusetts v. EPA was decided back in AMENDMENT NO. 2549 2007. The EPA’s regulatory reach could In making this argument, let me say go everywhere. It could go into schools, The PRESIDING OFFICER. The Sen- that this argument has nothing to do hospitals, assisted-living facilities, and ator from Louisiana. with Carol Browner and her qualifica- just about any activity that meets the Mr. VITTER. Mr. President, I stand tions. It is not an attack on her. It is minimum thresholds of the Clean Air to briefly discuss my amendment, No. an attack, quite frankly, on the con- Act. 2549, which is about the so-called czar cept of these multitude of czars and the Despite the attempts to draft an ex- issue that has a number of Members on fact that they are an end run around emption for small businesses by the both sides of the aisle very concerned. the constitutional process by which top senior Senator from California, this ef- As I introduce this amendment, Mr. Cabinet and other officials of any ad- fort would be hollow at best. Upon President, let me ask unanimous con- ministration are confirmed by the Sen- issuance of mobile source regulations sent to add Senators GRASSLEY, ate and regularly come before the the EPA has proposed in its light-duty BUNNING, ROBERTS, and BROWNBACK as House and Senate as part of our over- vehicle greenhouse gas emission stand- coauthors of the amendment. sight process. We all know this particular adminis- ards, the farmers and small sources The PRESIDING OFFICER. Without tration has developed an unprecedented still retain the obligation under the objection, it is so ordered. Clean Air Act, and this obligation is number of these so-called czars. We enforceable through citizen suits which Mr. VITTER. Mr. President, at this have seen a dramatic increase in this we have confirmed through environ- point, I call up amendment No. 2549. phenomenon. Politico wrote that Presi- mental groups will follow. So we know The PRESIDING OFFICER. Without dent Obama ‘‘is taking the notion of a that is going to happen. objection, the clerk will report. powerful White House staff to new I would have to say, as the ranking The assistant legislative clerk read heights’’ and that he is creating ‘‘per- member on the Environment and Pub- as follows: haps the most powerful staff in modern lic Works Committee, the more we get history.’’ Specifically, the President The Senator from Louisiana [Mr. VITTER], into this, the more complications we for himself and Mr. GRASSLEY, Mr. BUNNING, has created 18 new czar positions, and I find. In the process of coming up with Mr. ROBERTS, and Mr. BROWNBACK, proposes want to focus on those 18 positions. some type of an endangerment finding, an amendment numbered 2549. This czar concept is obviously very we find that the information science general and somewhat undefined. What has been suppressed. We know of the Mr. VITTER. Mr. President, I ask I am talking about are those 18 posi- case of Dr. Alan Carlin, who claims his unanimous consent that reading of the tions because none of those positions assessment of the latest science on amendment be disposed with. are established by statute. Congress global warming wasn’t considered in The PRESIDING OFFICER. Without has not authorized or established any the endangerment proposal. So we have objection, it is so ordered. of those positions, No. 1; No. 2, none of the endangerment proposal. And some The amendment is as follows: those individuals have come before the

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9785 Senate for confirmation; and No. 3, considerations. The Wall Street Jour- cause only the Senate has advice and none of those positions preexisted this nal, for instance, on September 11 of consent powers. I urge my colleagues administration. As I said a while ago, this year, reported: to stand up for that constitutional this has raised concerns among a num- Ms. Browner helped broker a fuel-stand- role, to preserve that vital constitu- ber of Senators and certainly among ards deal between the administration and tional role, and not to allow so-called the American people. automakers earlier this year and has been a White House czars to be an end-run As I began my remarks, I added as conspicuous presence in climate negotiations around it and to minimize that role in coauthors of this amendment Senators with Congress. Energy Secretary Steven a significant way. Chu, meanwhile, has been largely tied up ad- GRASSLEY, BUNNING, ROBERTS, and This is a significant constitutional ministering billions of dollars in stimulus BROWNBACK. In addition, the distin- projects. Ms. Browner, through a spokesman, issue, it is a significant bipartisan guished Senator from Maine, Ms. COL- declined to comment. issue, and I urge support of my amend- LINS, who chairs the relevant author- Also, Mary Nichols, the head of the ment. I yield the remainder of my time. ization committee, has expressed grave California Air Resources Board, and The PRESIDING OFFICER. The Sen- concern about this same phenomenon Carol Browner were key in crafting a ator from California is recognized. and, in fact, has another amendment plan to impose the first-ever national about this very issue. Unfortunately, Mrs. FEINSTEIN. Mr. President, I carbon limits on cars and trucks. rise to oppose the amendment offered that amendment is going to be struck On May 20, the New York Times re- by the Senator from Louisiana. Over down as legislating on an appropria- ported the following: tions bill. But she has expressed con- the past several weeks we have seen In an interview yesterday, Nichols said issues raised with increasing frequency cern. She spearheaded a letter signed Browner quietly orchestrated private discus- by herself and Senator ALEXANDER and sions from the White House with auto indus- and volume around the use of the word others which she sent to the President. try officials. ‘‘czar’’ by the Obama administration. I do believe it is unfair to suggest In addition, and this is very impor- The obvious question this gives rise that the White House has a climate tant, this has been a bipartisan con- to is, What about the head of the Sen- czar directing EPA’s actions behind the cern. Going back to February of this ate-confirmed Energy Department? scenes. I do not believe that is true. Ef- year, the distinguished Senator from What about the head of the EPA, Sen- fectively, the title ‘‘czar,’’ as we all West Virginia, Mr. BYRD, wrote the ad- ate confirmed? Those folks seem to be know, does not exist. The current As- ministration expressing strong and shoved to the side, and this new super sistant to the President for Energy and grave concern about the constitutional agency head, a super Cabinet Member Climate is there to serve as an adviser implications of all of these czars. seems to be playing a far more domi- to the President and to Administrator Again, the 18 I am talking about are nant role in key issues that are clearly Jackson on energy and environmental not created by statute, have not been under the purview of the Energy De- issues. She also coordinates the work confirmed by the Senate, and never ex- partment and the EPA. Again, this of multiple Cabinet level agencies on isted prior to this administration. gives rise to serious constitutional con- one of President Obama’s key policy Also, within the last 2 weeks, Senator cerns. A number of Senators, Repub- priorities—clean energy and jobs that FEINGOLD, in addition, has expressed licans and Democrats, have expressed are essential for long-term economic strong and serious concern about ex- these concerns—Senator COLLINS, Sen- growth. actly the same issue and has written to ator BYRD, Senator FEINSTEIN, Senator In a way, this is becoming quite po- the administration. ALEXANDER. So this is a germane limi- litical because it is not unusual for a The purpose of my amendment is to tation amendment that goes absolutely President to have high-level staff mem- say quite simply that when we have an to the heart of the matter: Should bers in the White House who help to co- agency, when we have a department these czars, positions never created by ordinate policy issues that touch a that is led by a Senate-confirmed ap- Congress or by statute, never con- number of Federal agencies. We have pointee, we shouldn’t have a so-called firmed by the Senate, never existing heard a lot about it. What we do not White House czar ordering that ap- prior to this administration—should hear is that President Bush had 47 such pointee or ordering that agency or that these czars have a role that is more advisers for other issues. We Demo- department to do things, particularly significant than Senate-confirmed Cab- crats did not make a huge issue about when that White House czar is not an inet Secretaries or agency heads? it. So I have a hard time under- office created by law through Congress, Again, I have very carefully crafted standing, with all of the concern over is not a Senate-confirmed position, and an amendment to go specifically to climate change and the rapidity with did not exist in any form or fashion this point. Let me read it word for which it is moving, that a Special As- prior to this administration. word. It is not long. In terms of my specific amendment, I sistant to the President who was head None of the funds made available by this have chosen to focus on the Assistant Act may be obligated for the purpose of de- of the EPA during the Clinton adminis- to the President for Energy and Cli- partments or agencies funded by this Act tration is somebody who is spurious. mate Change, commonly known as the and led by Senate-confirmed appointees im- She is steeped in this. She can give the White House climate change czar, for plementing policies of the Assistant to the President good advice. He wants her to one simple reason: First, she is among President for Energy and Climate Change be an assistant. So I do not understand this 18 never created by statute, never (commonly known as the ‘‘White House Cli- quite why she is being picked on. confirmed by the Senate, never exist- mate Change Czar’’). I still believe the day-to-day work of ing prior to this administration, and It does not say you cannot imple- protecting the environment is very she is clearly in a very powerful posi- ment policies of the President of the much driven by Administrator Jackson tion—apparently giving orders to Sen- United States. Obviously, the Presi- and the EPA staff. I have met with the ate-confirmed appointees such as the dent is elected by the people and the Administrator. I spoke with her on the head of EPA. Of course, the EPA is President obviously ranks higher than phone this morning. I read into the governed by this appropriations bill the head of EPA or anyone else. But it RECORD a letter she wrote yesterday. now on the floor, so that is why I chose does say the head of EPA, a Senate- She is very much hands-on. So I think to focus on this particular czar posi- confirmed position, should not be all of the energy going into these at- tion. ranked below some so-called czar, a po- tacks ought to be put into perspective, Clearly, this particular czar meets all sition never before created by Con- and that perspective is that the former of those criteria which give rise to my gress, never confirmed by the Senate, President of the United States had 47 concerns. The President himself, when never existing prior to this administra- special assistants. We didn’t make a he appointed this czar, said, ‘‘She will tion. big deal of it. So I do not understand be indispensable in implementing an I encourage all my colleagues to why this one position is now taken and ambitious and complex energy policy.’’ stand up for the rights and the proper an amendment is there to eliminate it. In addition, there have been several constitutional role of the Senate. We I urge a ‘‘no’’ vote on the Vitter media reports about her dominant stat- play a vital role, particularly with re- amendment. ure and dominant role in these sorts of gard to Presidential appointments be- I yield the floor.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9786 CONGRESSIONAL RECORD — SENATE September 24, 2009 The PRESIDING OFFICER. The Sen- assist him in evaluating, I assume, var- tional system of checks and balances. At the ator from Louisiana is recognized. ious issues pertaining to climate worst, White House staff have taken direc- Mr. VITTER. Mr. President, I want change. It is a complicated subject. tion and control of problematic areas that to very briefly rebut some of the argu- She has experience. She has been in are the statutory responsibility of Senate- confirmed officials. ments of the distinguished Senator government. She has served as head of from California. First of all, in her last a department. But the actual policies That would be exactly the point in sentence she characterized the amend- come over the signature of the Admin- terms of an environment or energy czar ment as an amendment to eliminate istrator of the EPA. and energy or environment Secretary. the position. Of course it does not What you are saying is, essentially, As Presidential assistants and advisers, eliminate the position in any way. then, the President cannot have any Senator BYRD goes on to say— She said earlier that Carol Browner special assistant for the purpose of co- these White House staffers are not account- does not tell EPA what to do. If that is ordination, asking questions, inform- able for their actions to Congress, to cabinet the case, then this amendment will not ing, helping produce—it does not make officials, and to virtually anyone but the have to change anything she does or sense to me. I think on its face it is not President. They rarely testify before Con- how she operates and we should all clear. gressional committees— come together to support the amend- The PRESIDING OFFICER. The Sen- Et cetera. ment to help allay concerns of the pub- ator from Louisiana is recognized. Then, Senator COLLINS, on behalf of lic. The amendment does not prohibit Mr. VITTER. Mr. President, to wrap six Senators, wrote the President a her from advising the President. The up, my amendment says none of that. very respectful letter focusing on the amendment does not prohibit her from My amendment does not prevent this 18 new czars who had been appointed by coordinating multiagency meetings. climate change czar from informing the President simply asking what their The amendment is very clear, and it and assisting the President. My amend- authorities and duties are, how they simply prohibits her from ordering ment does not prevent her from con- are appointed, whether they are willing around the EPA, which has its own vening multiagency and multidepart- to testify, whether they would consult Senate-confirmed head. ment meetings. My amendment doesn’t with us. Senator FEINGOLD, the Demo- Again, I underscore the fact that this say any of that and doesn’t prevent any cratic chairman on the constitution amendment is very carefully and nar- of that. It simply prevents her from or- subcommittee, has expressed his con- rowly written and does not prevent any dering the EPA, headed by a Senate- cern and indicated he might hold hear- of the legitimate advisory responsibil- confirmed appointee, to do certain ings. ities that Senator FEINSTEIN has dis- things. I think Senator VITTER is selecting a cussed. With that, I yield the floor. single example of this unusual number I yield the floor. The PRESIDING OFFICER. The Sen- of new czars and raising the question of The PRESIDING OFFICER. The Sen- ator from California is recognized. the constitutional checks and balances ator from California is recognized. Mrs. FEINSTEIN. If I may, I would that is the same issue that Senator Mrs. FEINSTEIN. Perhaps I can en- like to respond to that. Let me give an BYRD and Senator FEINGOLD and many gage the Senator from Louisiana. Can- example. The CIA is headed by a Sen- of the rest of us raised. didly, I do not understand the wording ate-confirmed Director, Leon Panetta. The PRESIDING OFFICER. The Sen- of the amendment. Let me read it. You He carries on policies from the Na- ator from Missouri is recognized. have read it, and I appreciate that. It tional Security Council led by General Mr. BOND. Mr. President, through does not make sense to me. Here is how Jones, a nonconfirmed official. Does the Chair, I thank my colleague from it reads. the Senator from Louisiana believe South Dakota, Senator THUNE, for al- lowing me to speak for a minute. We None of the funds made available by this that the National Security Adviser to Act may be obligated for the purpose of de- the President should not have any role agreed to do that rather than to offer partments or agencies funded by this Act— in intelligence and national security amendments that I intended to propose to this bill. I want to make sure every- So none of the funds may be obli- matters? What is sauce for the goose is body understands a concern that Sen- gated for the purpose of departments or sauce for the gander. ator THUNE, many others, and I have; agencies funded by this act— Mr. VITTER. Through the Chair, my answer is no, I don’t believe that. My that is, the U.S. Environmental Pro- and lead— amendment has nothing to do with tection Agency’s potential efforts to It says ‘‘lead’’ but led, I think that is that, and, by the way, that position is push through back-door carbon regula- a misspelling— created by statute. tions which they cannot achieve legis- by Senate-confirmed appointees, imple- The PRESIDING OFFICER. The Sen- latively on the Senate floor. menting policies of the Assistant to the ator from Tennessee is recognized. EPA, over the next several years, President for Energy and Climate Change. Mr. ALEXANDER. If I may, I know may attempt to impose trillions of dol- I don’t know what that means on its the Senator from Missouri is waiting lars in new energy taxes that will kill face. to speak because he has an important millions of jobs. Of course they will say Mr. VITTER. I would be happy to ex- meeting to go to. But if I could take 2 that is not their intent. They want to plain through the Chair what it means. minutes, I think the Senator from Lou- control climate. But that will be the The agency I have in mind, which is isiana is making a point that concerns impact of regulations they could issue funded by this act and led by a Senate- not just him but a number of us in the over the next few years to control car- confirmed position, is EPA. So it sim- Senate on both sides of the aisle. bon emissions. ply means that EPA cannot use any of Maybe the best way to suggest that is Experts have told us the House- its funds to implement orders, policies, this way. passed Waxman-Markey legislation from Carol Browner—the White House No. 1, the focus should be on the 18 would kill 2.4 million American jobs czar’s policies. If the President wants new czars appointed by this President and impose new energy taxes on the to direct them, obviously the President who were not confirmed, never have ex- American people. Even President outranks the head of EPA. But a White isted before, and the number of them. Obama has previously confirmed that House czar, in a position not created by No. 2, it was not the Republican side under his plan for carbon emission Congress, not confirmed by the Senate, of the aisle that raised these concerns mandates, electricity prices will ‘‘nec- never existing prior to this administra- first. Perhaps this would best express essarily skyrocket.’’ tion, should not be giving orders to a the concern that many of us have. It ‘‘Necessarily skyrocket’’. Those are Senate-confirmed Cabinet Member. was offered by Senator BYRD, senior the President’s words. In the EPW The PRESIDING OFFICER. The Sen- Member of the Senate, the constitu- Committee, I presented information ator from California is recognized. tional conscience of the Senate, who in from the Missouri University Food and Mrs. FEINSTEIN. Mr. President, a letter on February 23 said—this was a Agricultural Policy Research Institute Carol Brown’s title is not czar, it is As- letter to President Obama— which determined that the Waxman- sistant to the President. The President The rapid easy accumulation of power by Markey legislation would raise farm has chosen to appoint an assistant to White House staff can threaten the constitu- production for an average family-run

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9787 commercial production farmer who This, regrettably, would hide, not jobs, be unfair to entire regions of the grows corn and soybeans by about only from us but from the American country, mine included, enlarge an al- $11,000 in 2020 and rising to over $30,000 people, the true costs of the energy tax ready bloated bureaucracy in Wash- by 2050. they propose to impose. ington, DC, and put our Nation at a In this time of suffering, when so If my Senator friends from Massa- certain economic disadvantage. many people are out of work and so chusetts and California believe truly in I have been skeptical of that con- many family budgets are stretched what they are doing, they should not troversial legislation that has passed thin, I cannot, in good conscience, hide the provisions from us. They the House, the cap-and-trade bill over stand by and remain quiet when there should give us the time and the Amer- there, for some time, for the reasons I is a potential that such new energy ican people the time they need to de- have mentioned. taxes would be imposed on American termine the bill’s impact. Additionally, I think it is fair to say families, farmers, and workers. It is no With millions of jobs on the line and there would be very little environ- wonder the Senate is pausing before we trillions of dollars in tax increases at mental benefit derived from that legis- jump off the cliff. stake, the American people deserve no lation, were it enacted, without bind- Senators, especially from manufac- less. I call on my colleagues to stand ing, enforceable commitments by turing and the coal-dependent heart- for the suffering people of America who China, by India, and other developing land where I am from, know how much are burdened already by energy costs countries that are now significant this bill will punish the Midwest, and could pay much more. I call on sources of carbon emissions. I find it disappointing that in the South, and Great Plains. This spring, people who may be affected to let their middle of this important debate the ad- EPA began the process to start lim- Members of Congress know how they ministration wants to use the back iting carbon emissions through regula- feel. door—issuing regulations to cap carbon tions, and they will do it through ex- Nobody is going to put out a mandate saying we cannot encourage them to dioxide under the Clean Air Act be- pensive plant-by-plant command-and- cause they cannot get a Waxman-Mar- control regulations, not a cap-and- speak. Nobody, no czar is going to come down and say: You cannot ex- key type climate bill through the front trade system. door. Some say we could limit this problem press your opinion. I have expressed mine. I have found a lot of people—al- Instead, the relevant committees of by not regulating small emitters. But this body and the Senate as a whole that is no different than Waxman-Mar- most everybody I talk to who raised the subject in my State of Missouri should be able to consider whether now key, which already exempts small is the right time for a new massive en- emitters. Thus, similar to Waxman- agrees. I yield the floor. ergy tax disguised as an EPA regula- Markey’s national energy tax, regula- The PRESIDING OFFICER (Mr. tion. tions that exempt small emitters BROWN). The Senator from California. During the previous administration, would still impose a national energy Mrs. FEINSTEIN. I move to table the the EPA had published an Advanced tax and kill millions of jobs. Every Vitter amendment No. 2549. I ask for Notice of Proposed Rulemaking that family will be hit by higher electricity the yeas and nays. showed just how impractical it would prices when they go after the large Mr. President, I withdraw that re- be to regulate carbon dioxide and other electricity-producing companies. quest. greenhouse gases under the Clean Air They will face more money for heat- The PRESIDING OFFICER. The Sen- Act. ing, more money for gasoline, more ator from South Dakota is recognized. These onerous regulations covered money for diesel fuel—if you are on the Mr. THUNE. Mr. President, I wish to homes, schools, churches, hospitals, farm—more money for almost every- speak in support of an amendment that small businesses and potentially even thing they buy that is produced with was offered earlier today, actually it small farms with livestock. energy, which is just about everything was filed, I think it was attempted to Under the Clean Air Act, the primary that is not in the IT world, although be called up by Senator MURKOWSKI. mechanism for regulating carbon emis- there will be costs there too. The Democratic majority objected to sions would be a fee placed on each ton Businesses will face large increases getting a vote on that amendment, of covered pollutant emitted above a in backdoor costs put on them by high- which, I think, suggests they do not certain threshold. This fee, if applied to carbon emis- er prices they must pay, even if they want to have a vote on that amend- sions, is nothing more than a tax on fall below the threshold. These costs, ment. Frankly, I can see why. energy that would have severe con- the backdoor impact of these costs, From what I hear about the whole sequences as our economy struggles to will be felt on families, on workers who debate on climate change and cap-and- can lose their jobs. recover from a long recession. trade legislation that has passed in the While the Bush administration regu- That is why I proposed two amend- House, it will not be voted on in the ments to prevent EPA from imposing lations never made it past an initial Senate this year. The reason it will not draft, the Obama EPA is moving quick- backdoor carbon regulations when they be voted on is because there are a lot of ly to finalize an endangerment finding result in lost American jobs or raise people in this Chamber who, I think, do and regulate carbon dioxide emissions. costs unacceptably for farmers. I was not want to have that vote because In April 2009, the EPA issued a draft gratified when the Senate earlier they know it is a bad vote for them to endangerment finding that linked passed a version of my jobs amendment make. emissions from motor vehicles to an during the budget debate. But the lead- Fear not, EPA has come to the res- endangerment of human health. ers on the majority side stripped the cue of people who want to see a lot of The comment period has closed on job protection out of the bill, leaving this stuff accomplished but do not this draft endangerment finding, and workers vulnerable again. want to have to make a tough political when the EPA issues a final ruling it They again, during this debate, will vote on it. So what we are now faced will trigger an array of regulations not allow us to protect workers from with is the Environmental Protection under the Clean Air Act. job-killing carbon proposals, but we Agency deciding they are going to reg- These command and control regula- will continue to educate the American ulate carbon emissions under the Clean tions will have far reaching con- people on how much they will suffer Air Act and moving forward with the sequences for our economy at a time under proposed carbon legislation and regulations to do that. when we can least afford it. regulation. The Murkowski amendment would According to media reports, EPA will I have to add one last word about my essentially prevent funds from being eventually propose regulations for not friends and majority colleagues, Sen- used to do that. It weighs in favor of just mobile sources, but stationary ators KERRY and BOXER. There con- having Congress deal with this very sources that emit over 25,000 tons of tinue to be reports that their bill will complex, very weighty, very con- carbon dioxide. not include, in writing, before anybody sequential, and very costly issue to the The first round of regulations on sta- votes on it, crucial sections on how American people. tionary sources would cover approxi- they would distribute their program This legislation, as we all know, mately 13,000 facilities in the United carbon allowances. would increase energy prices, cost us States.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9788 CONGRESSIONAL RECORD — SENATE September 24, 2009 These include powerplants, large This amendment is not intended to the Murkowski amendment or my manufacturing facilities, refineries, impact the recent announcement from amendment because they get at the fertilizer manufacturers, and a long EPA and the Department of Transpor- fundamental issue which is whether we list of other facilities that are critical tation regarding new tailpipe emission are going to have a debate in Congress to the health of our economy. requirements for new cars and light about regulating CO2 emissions or In South Dakota, these regulations trucks. whether we will allow an administra- would place a tax on powerplants, eth- Additionally, this amendment is not tive agency, the EPA, to do that for us. anol refineries, and even our largest intended to impact the regulation of I understand my amendment, which public university. other greenhouse gasses, such as has now been objected to, will not have And we need to remember that these hydrofloural carbons, which are also a vote. We know where the votes are on companies will pass these new costs on included in the proposed endangerment this. But like the Murkowski amend- to you and me. Now is an especially finding. ment, what my amendment is designed bad time to saddle the American people This amendment would simply delay to do is to shed daylight on harmful with what is in effect a gigantic new the expensive, top-down regulation of regulations that are taking shape be- energy tax that would cause elec- carbon emissions from thousands if not hind the closed doors of the EPA. My tricity, gasoline, and home heating 1 million stationary sources in the amendment is designed to give our con- costs to skyrocket. United States. stituents a greater say in climate Additionally, pending the outcome of For those Senators who wish to regu- change regulations. the final endangerment finding, the late carbon emissions through a cap- The amendment is also designed to EPA might be legally bound to regu- and-trade system, I encourage you to force the EPA to consider the dramatic late all sources that emit over 250 tons support this amendment as well . You impact these new Clean Air Act regula- of carbon dioxide. should be supporting this amendment. tions on carbon dioxide will have on If this statutory threshold of the This amendment is not about wheth- electricity and gasoline prices. If these Clean Air Act is enforced, over 1 mil- er carbon dioxide emissions should be regulations move forward, I am con- lion carbon-emitting entities would be regulated or whether the Federal Gov- cerned that many families, especially faced with a new tax, including com- ernment should take any action to re- those who rely on coal-generated elec- mercial buildings, churches, homes, duce carbon emissions. Rather, this tricity, will see skyrocketing elec- schools, restaurants, and manufac- amendment is about the process of reg- tricity bills. I am also concerned for turing facilities both big and small. ulating carbon dioxide emissions. Regulation of carbon dioxide is far families and truckdrivers who could Should regulations as far reaching too important for EPA and the admin- see gasoline and diesel prices go up. and expensive as taxing carbon dioxide istration to craft expensive, cum- EPA regulation of CO2 would amount be determined by EPA bureaucrats be- bersome, top-down regulations under to a tax on millions of working-class hind closed doors? Or should carbon the Clean Air Act. families. Republicans in the Senate know this, regulations be openly debated on the During debate on the climate change Democrats in the Senate know this, floor of the U.S. Senate? bill, proponents of cap and trade the EPA knows this and the White The Murkowski amendment gives the claimed that lower income families House knows this. Senate a clear choice. will be made whole by giving local dis- Last year, Congressman JOHN DIN- Constituents, through their elected tribution companies free allowances to GELL said that EPA greenhouse gas representatives, should have a voice in meet the new carbon regulations. Aside regulations would lead to ‘‘a glorious that debate. If carbon dioxide regula- from whether this mechanism would mess.’’ He continued by stating that tions moved through the EPA un- actually limit the impact on working ‘‘As a matter of national policy, it changed, the American people would be families, it is clear such a safeguard is seems . . . insane that we would be deprived of their opportunity to be simply not possible under the Clean Air talking about leaving this kind of judg- heard on this very important subject. Act. Carbon regulations under the ment, which everybody tells us has to Meanwhile the cost of gasoline, food, Clean Air Act would effectively be a be addressed with great immediacy, to and manufactured goods will sky- huge new tax on electricity and gaso- a long and complex process of regu- rocket. I urge colleagues on both sides line prices paid by families and small latory action.’’ to acknowledge the extremely dan- businesses. Congressman DINGELL said it best gerous consequences of allowing the Additionally, new taxes under the when he concluded that carbon regula- administration to unilaterally regulate Clean Air Act would apply to oil and tion under EPA had ‘‘the potential for carbon dioxide under the Clean Air ethanol refineries. In South Dakota, we shutting down or slowing down vir- Act. I understand the Murkowski produce approximately a billion gal- tually all industry and all economic ac- amendment will not be allowed to be lons annually of ethanol. If the EPA tivity and growth.’’ voted on. I believe the regulations that moves forward with carbon caps under According to an OMB memo associ- amendment addresses should be de- the Clean Air Act, 12 ethanol plants in ated with EPA’s endangerment finding, layed until Congress has the oppor- South Dakota will be subject to this ‘‘Making the decision to regulate CO2 tunity to debate the consequences. I new tax. Additionally, we have a large under the [Clean Air Act] for the first will continue to work with Senator soybean processing facility hoping to time is likely to have serious economic MURKOWSKI and other colleagues, fami- soon produce biodiesel that would also consequences for regulated entities lies, and small business, to make them be covered. Not only will these costs be throughout the U.S. economy, includ- aware of what the EPA intends to do passed on to consumers in the form of ing small businesses and small commu- by regulation. higher prices at the pump, but the new nities.’’ In addition to speaking on the Mur- regulations will be a major setback to Representative COLLIN PETERSON, kowski amendment, as I have filed an renewable fuel production. In the end, chairman of the House Agriculture amendment which is similar, I ask the energy security benefits of domes- Committee, noted in a recent op-ed unanimous consent to call up my tic renewable fuel production will be that EPA regulations of greenhouse amendment and ask that it be made negatively impacted by these new regu- gas emissions would result ‘‘in one of pending. lations. the largest and most bureaucratic The PRESIDING OFFICER. Is there My amendment 2540 asks EPA to con- nightmares that the U.S. economy and objection? sider the costs and the adverse impacts Americans have ever seen.’’ Mrs. FEINSTEIN. I object. these regulations will have on the Senator MURKOWSKI and I have filed The PRESIDING OFFICER. Objec- economy before moving forward with an amendment to the fiscal year 2010 tion is heard. an endangerment finding. Interior and Environment appropria- Mr. THUNE. Let me briefly speak to It is clear that neither the Mur- tions bill that would prohibit the EPA the amendment because it simply ad- kowski amendment nor mine will be from moving forward with regulations dresses this subject in a slightly dif- voted on. This issue is not going away. on carbon dioxide emitted from sta- ferent way. It is clear the majority The EPA is moving forward. The House tionary sources for 1 year. does not want to have a vote on either has acted on this issue. The Senate

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9789 doesn’t want to take the hard votes on sometime soon, not necessarily on this program. I am going to go through a this so they have punted it to the EPA. bill today, not necessarily through an few possible options. One is the cre- The EPA is now moving forward by amendment process to the Interior ap- ation of several public/private sanc- regulation to do what Congress doesn’t propriations, but a program that is in tuaries. This has been suggested by a have the courage or the will to do, and the Interior appropriations bill that is few fairly high-profile individuals. The that is to have a debate about the rel- screaming for attention. That is the idea has merit. We are working with a ative costs and, perhaps, benefits of cli- program having to do with the manage- variety of groups, along with the De- mate change legislation. It is wrong for ment of wild horses. It is not a major partment, to think about the possi- us to allow the bureaucracy at the EPA issue in all 50 States, but it is a big bility of creating public/private part- to move forward with these regulations issue to a handful of western States nerships, large sanctuaries, maybe that could be so harmful to our econ- and of interest to several of us in this 500,000 or a million acres, where thou- omy, so harmful to jobs, so disastrous body. sands of wild horses could not only when it comes to the energy prices paid Let me thank Senator FEINSTEIN and roam freely in a healthy way but could by families and small businesses. her staff for the leadership they are potentially become ecotourist opportu- This issue will be back. Senator MUR- providing in helping us shape policy. nities for some of the States and com- KOWSKI will bring it back. I will bring She has been extremely attentive over munities, as it would be an attraction it back. Others of my colleagues who the last several months. I thank her. I that could potentially make money care about the impact of this par- acknowledge the interest of former and attract people to some of the west- ticular regulation on small businesses Senator Salazar, now Secretary of In- ern areas or, for that matter, rural and families will be back to debate the terior, and his top leadership. They areas in other parts of the country. issue even though the Democratic ma- have a tremendous amount of issues There is the possibility of making jority will not allow us to get a vote before them, issues that will take a lot some smart investments to step up today. of their time. For them to make this a I yield the floor. priority because some of us have asked some of the adoption programs that The PRESIDING OFFICER. The Sen- them to, I acknowledge that and thank might work. There are any number of ator from Louisiana is recognized. them, all the assistant secretaries and scientific and new technologies that Mrs. FEINSTEIN. Mr. President, I staff from the Interior Department who can be brought to bear in terms of know the Senator from Louisiana wish- are working on this. breed management, reproductive issues es to speak in morning business, which There are two aspects to this impor- that could help us to get a much more is fine. I wonder if I could make one tant issue. One involves the fiscal ele- cost-effective, sane, and humane ap- brief announcement. Members are in- ment which taxpayers are alarmed proach to this problem. terested in bringing this bill to a con- about. The wild horse program, because I wanted to let the managers of this clusion. There are a number of amend- of its mismanagement and poor, old- legislation know that while we will not ments that were listed in the consent fashioned way of operating, is chewing have an amendment at this time on the order. I ask that Members come to the up or taking up about three-quarters of Interior bill, I am looking forward to floor to call up their amendments the budget of the Bureau of Land Man- working with members of the Energy shortly. Senator COBURN has a number, agement. From a fiscal perspective and Committee who have jurisdiction over Senator REID, Senator COLLINS. Sen- a financial management perspective, it this matter to review in detail a bill ator ENSIGN has a motion to recommit. is crying out for reform. that has come over from the House, the If these Members could come to the On the other hand, there is the view ROAM Act, by the chairman of that floor and call up their amendments, it of the inhumaneness of some of the subcommittee, whom I commend for would be appreciated. We would be able practices going on that also cries out taking the committee’s time, Con- to, hopefully, conclude the bill. for attention. I come to speak briefly gressman RAHALL, who sent the bill Mrs. BOXER. Will the Senator yield about both. over here to the Senate. As we begin to for a question? As to the big picture, at the turn of discuss the ways that bill could poten- Mrs. FEINSTEIN. I certainly will. the century, we had about a million tially be modified, working with the Mrs. BOXER. I am here to make a wild horses in the territory of the Department of Interior to find a long- few comments addressing the points United States. It is sad, from the per- term solution, one that is cost effec- raised by Senator THUNE and Senator spective of most people, that we are tive, one that is humane, and one that MURKOWSKI. They were going to offer now down to 66,000 wild horses and bur- honors the great history of wild horses, an amendment. ros basically forced, through policies not just pleasant to look at but helped Mrs. FEINSTEIN. The Senator has an developed in the 1970s, to stay in rel- us to settle the West, helped us to open hour. atively small places, grouped in a few transport and commerce for the Na- Mrs. BOXER. I won’t be taking that. States, most notably the States of Ne- tion, have carried us into war, into bat- At what point would the Senator like vada, Wyoming, and California, and a tle, helped to feed and clothe this Na- me to use the time? few other western States. We also are tion in our history, needs a bit more Mrs. FEINSTEIN. I think directly down to a few herds of horses. The rea- attention than what they are getting following Senator LANDRIEU. son I believe this is important not only right now. Mrs. BOXER. That is fine. And how to western States or ranchers or land- In conclusion, there was a disturbing long is Senator LANDRIEU speaking? owners or humane societies and others roundup conducted not too long ago— Ms. LANDRIEU. Ten minutes. is because for the American people gen- just a few weeks ago—and I thank the Mrs. BOXER. I ask unanimous con- erally, the idea of wild spaces with wild advocates who brought this to my at- sent that I be recognized following Sen- horses is something that is part of our tention and commit to them to con- ator LANDRIEU. heritage. We want to make sure that tinue to work until we find a better The PRESIDING OFFICER. Without heritage is not lost, that we are being way forward; again, a way that is good objection, it is so ordered. responsible in terms of the way the for the wild horses, that honors our The Senator from Louisiana. land is being used for multiple purposes heritage but is also very respectful of Ms. LANDRIEU. I appreciate the and, from the perspective of horse ad- these Western lands and the ranchers leadership of the Senators from Cali- vocates, that the horses themselves are who have multiple uses of this prop- fornia and Tennessee, trying to move being treated well. this important appropriations bill None of that is now being done in the erty. through the process. As we heard this way that most people would appreciate I am certain in the Nation God has morning, there are lots of important or would be satisfied with. There have bequeathed to us we can find enough issues pending. I came to speak for a been any number of studies I will sub- space for everyone if we keep an open few minutes not about a pending mit for the record. Most recently, the mind. I know the Senator from Ten- amendment but about an issue bub- Congressional Research Service, as nessee would agree with that; that if bling up and brewing in a fairly signifi- well as the Government Accounting Of- we work hard enough, we can find some cant way that we will have to address fice, suggested major changes to the common ground solutions to this issue.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9790 CONGRESSIONAL RECORD — SENATE September 24, 2009 I thank the Chair and yield the time. Southern Alliance for Clean Energy, Number 2530 to H.R. 2996, the Department of I understand my colleague from Cali- Southern Environmental Law Center, the Interior, Environment, and Related fornia is here to speak on a different and Union of Concerned Scientists—all Agencies Appropriations Act. As manufac- issue. saying they oppose this amendment, turers, we are sympathetic to the thrust of which concerns not enforcing the Clean Senator Murkowski’s amendment that the The PRESIDING OFFICER. The Sen- Congress—and not simply EPA acting under ator from California is recognized. Air Act as it relates to carbon dioxide. the provisions of the current Clean Air Act— Mrs. BOXER. Mr. President, thank Lastly, we have a very well put to- should determine how best to reduce U.S. you very much. gether letter by the National Wildlife greenhouse gas emissions economy-wide. I am on the floor, along with Senator Federation, in which they quote a poll However, the amendment raises additional WHITEHOUSE—there may be some oth- that says 75 percent of Americans be- issues that must be considered where com- ers—to respond to the remarks made lieve our government should, in fact, plicated and interconnected environmental and legal issues are at stake. We are con- by Senators MURKOWSKI and THUNE re- regulate global warming pollution, which, of course, is mostly carbon. cerned that due to the complex interactions garding an amendment they very much among regulations under the various sec- wanted to put before this body. That Mr. President, I ask unanimous con- sent those letters be printed in the tions of the Clean Air Act, the amendment amendment, simply stated, would stop may impact significantly pending regula- the Environmental Protection Agency RECORD. tions in the mobile source sector—despite from enforcing the Clean Air Act as it There being no objection, the mate- language in the amendment that would ap- rial was ordered to be printed in the relates to the pollutant carbon. pear to leave the sector unaffected. In a let- Some of the things they said are so RECORD, as follows: ter to Senator Feinstein dated September 23, reminiscent of what was said before the UNITED STATES ENVIRONMENTAL Administrator Jackson stated EPA’s inter- Clean Air Act passed, that: Oh, this is PROTECTION AGENCY, pretation that the Murkowski amendment as Washington, DC, September 23, 2009. filed would ‘‘make it impossible for the Envi- going to be a terrible thing for our peo- Hon. DIANNE FEINSTEIN, ronmental Protection Agency to promulgate ple; and the same thing that was said U.S. Senate, the light-duty vehicle greenhouse-gas emis- when the Clean Water Act was passed: Washington, DC. sions standards that the agency proposed on Oh, this is going to be a burden on busi- DEAR SENATOR FEINSTEIN: Thank you for September 15, 2009.’’ ness. I have to say to this body, the day your letter about Senator Lisa Murkowski’s While the author of the amendment ap- we turn our back on these landmark Amendment Number 2530 to H.R. 2996, the pears not to intend this outcome, we feel environmental laws is the day the Department of the Interior, Environment, compelled to express our concerns. It is crit- and Related Agencies Appropriations Act. As ical that the national program for regulating health of our people will suffer. We do you noted in your letter, Senator Murkow- greenhouse gas emissions from autos be fi- not want that to happen. ski’s amendment would prohibit the Envi- nalized early next year. Failure to do so I wish to be clear, I know this amend- ronmental Protection Agency from using would subject automakers to a patchwork of ment will come back again and again. any funds made available under the Act to conflicting state and federal regulations. I know there will be attacks on the take any action that would have the effect of Therefore, we respectfully oppose the adop- Clean Air Act and the Clean Water Act. making carbon dioxide a pollutant subject to tion of the Murkowski amendment as writ- regulation under the Clean Air Act for any That is an attack on our families. It is ten to H.R. 2996. source other than a mobile source. Sincerely, particularly an attack on our children You asked me what the practical impact DAVE MCCURDY, and on our vulnerable senior citizens would be if Congress enacted Senator Mur- President & CEO, Alli- and our citizens who may have disabil- kowski’s amendment. Perhaps the most ance of Automobile ities and who are ill. I will fight it with striking impact would be to make it impos- Manufacturers. sible for the Environmental Protection every ounce of my strength every time MICHAEL STANTON, Agency to promulgate the light-duty vehicle President & CEO, As- it rears its ugly head in this Chamber. greenhouse-gas emissions standards that the The interesting thing is, most of sociation of Inter- agency proposed on September 15, 2009. Be- national Automobile these environmental laws started with cause of the way the Clean Air Act is writ- Manufacturers. a Republican President named Richard ten, promulgation of the proposed light-duty vehicle rule will automatically make carbon Nixon. What happened to the days SEPTEMBER 24, 2009. dioxide a pollutant subject to regulation when environmental laws were sup- DEAR SENATOR: We are writing in opposi- ported on both sides? Those days ap- under the Clean Air Act for stationary tion to Senator Murkowski’s revised appro- sources, as well as for light-duty vehicles. priations amendment (No. 2350) to the FY pear to be gone. The only way that EPA could comply with 2010 Interior Appropriations bill, H.R. 2996, What I would like to do is—I am the prohibition in Senator Murkowski’s which concerns carbon dioxide pollution and going to yield up to 20 minutes to the amendment would be to not promulgate the the Clean Air Act. Senator from Rhode Island. He is so el- light-duty vehicle standards. The filed amendment’s spending limitation As you know, promulgation of EPA’s light- oquent on this point. Before I do, I would go well beyond blocking the Environ- wish to place some letters in the duty vehicle greenhouse-gas emissions standards is an essential part of the historic mental Protection Agency (EPA) from curb- RECORD. agreement that President Obama announced ing carbon dioxide pollution from power One letter is from the Environmental earlier this year with the nation’s auto-mak- plants, refineries, and other big ‘‘stationary Protection Agency, saying they would ers, the State of California, the Department sources.’’ It also would block EPA from im- have a very difficult time making sure of Transportation, and EPA. That agreement plementing the Supreme Court’s landmark the air was clean if that Murkowski attracted broad, bi-partisan support. The decision in Massachusetts v. EPA by curbing amendment had been offered and joint DOT-EPA standards are projected to carbon pollution from cars and trucks. If save 1.8 billion barrels of oil over the life of this amendment passes, EPA could not issue passed and become law. the historic consensus standards that the Interestingly, we have a letter from the program, which is twice the amount of oil (crude oil and products) imported in 2008 President announced in May with the sup- the Alliance of Automobile Manufac- from the Persian Gulf countries, according port of the auto makers, the UAW, states, turers, also opposing that Murkowski to the Department of Energy’s Energy Infor- and the environmental community. Here is amendment. mation Administration Office. Additionally, why: We have two more letters to put in the standards are projected to help save con- The first sentence of the amendment says: the RECORD—and this just happened in sumers more than $3,000 over the lifetime of ‘‘No action taken by the Environmental Pro- 24 hours—one from a coalition made up a model year 2016 vehicle and reduce approxi- tection Agency using funds made available mately 900 million metric tons of greenhouse under this Act shall have the effect of mak- of the Alliance for Climate Protection, gas emissions. Enactment of Senator Mur- ing carbon dioxide a pollutant subject to reg- Center for American Progress Action kowski’s amendment would pull the plug on ulation under the Clean Air Act . . . for any Fund, Center for Auto Safety, Center those extraordinary accomplishments. source other than a mobile source. . . .’’ for Biological Diversity, the Clean Air Sincerely, This is a reference to Section 169 of the Act, Task Force, Clean Water Action, the LISA P. JACKSON. which says that every new or modified major Defenders of Wildlife, Environment stationary source needs to install best avail- America, the Environmental Defense SEPTEMBER 24, 2009. able control technology (BACT), considering Fund, League of Women Voters of the Hon. DIANNE FEINSTEIN, costs, for each pollutant ‘‘subject to regula- U.S. Senate, tion under this chapter,’’ i.e., under the United States, National Audubon Soci- Washington, DC. Clean Air Act. ety, the Natural Resources Defense DEAR SENATOR FEINSTEIN: We are writing When EPA issues final vehicle carbon diox- Council, Oceana, the Sierra Club, regarding Senator Murkowski’s Amendment ide standards under Section 202 of the Act as

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9791 planned next March, carbon dioxide will porters, and Americans across the nation This amendment would have tied the automatically become a pollutant ‘‘subject strongly and overwhelmingly support action hands of the Environmental Protection to regulation’’ under Section 169. From that by the Environmental Protection Agency. A Agency at the very time we need its point on, new or modified major stationary recent Washington Post poll found that 75% help to protect the American public sources will need to install BACT for carbon of Americans believe the government should dioxide, just as they currently do for other regulate global warming pollution from from the dangers of climate change— dangerous pollutants. This is automatic; power plants and factories. dangers to America’s public health, to there is no way around it without blocking Amendment 2530 has been revised from ear- our national security, and to our econ- the vehicle rules. Since the Murkowski lier drafts and now has a fatal flaw that omy. amendment would bar any action that has would extend the amendment’s damage be- A little history is in order here. the effect of making carbon dioxide ‘‘subject yond what is intended, undoing the recent In 2007, the U.S. Supreme Court to regulation’’ under Section 169, EPA would progress made by automakers, environ- overrode the Bush administration and be barred from issuing the vehicle standards. mental groups and the Obama administra- ruled, in a case called Massachusetts v. This is why EPA Administrator Lisa Jack- tion to reach agreement on reducing vehicle son said yesterday that the amendment emissions. The regulation of a pollutant EPA, that the Clean Air Act requires would be ‘‘a death knell to the historic under the Clean Air Act for vehicles auto- the Environmental Protection Agency agreement between the President and auto- matically triggers regulation of stationary to regulate greenhouse gas emissions makers to increase gas mileage and reduce sources. By blocking action on stationary as pollutants, if the Agency determined emissions from cars and trucks.’’ sources, the amendment would block the En- that greenhouse gases posed a danger Congress should not take any action that vironmental Protection Agency from imple- to public health, and the Court further would undo the progress already made on menting the new vehicle tailpipe standards obliged the EPA to go ahead and make carbon pollution from motor vehicles. as well. Later paragraphs of the revised amend- The Clean Air Act has a strong and proven that determination, yes or no. ment attempt to limit other collateral dam- track record of cleaning the air we breathe The Bush administration, of course, age done by the amendment. But those pro- while allowing our economy to prosper. The did everything in its power to avoid the visions cannot overcome the effect of the Supreme Court has spoken clearly on the duty ordered by the Supreme Court, amendment’s first sentence. government’s neglected responsibility to ad- and it was only this April that the We believe common ground can be found to dress global warming under the Clean Air EPA, under Administrator Jackson, fi- ensure that the Clean Air Act’s stationary Act. And the Environmental Protection nally issued its proposed endangerment source requirements apply only to power Agency is already taking commonsense steps plants and other big sources, not smaller finding. The finding, unsurprisingly, to meet the requirements of the Clean Air acknowledged what every reasonable sources, and to incorporate this approach in Act, focusing on the biggest corporate pol- comprehensive energy and climate legisla- luters and limiting the reach of any new reg- scientist—in fact, every reasonable tion. But it cannot be accomplished through ulations. person—has known for years: That car- this rider. We appreciate Sen. Murkowski’s commit- bon dioxide and other so-called green- The Murkowski amendment would only ment to advance global warming legislation house gas emissions cause our planet’s move us farther from, not closer to, a bipar- in Congress, and look forward to pursuing atmosphere to warm and pose a threat tisan consensus on comprehensive clean en- that common effort with her and other Sen- to the public health. ergy and climate legislation that the Sen- ators this year. But we strongly oppose this The conclusion that these gases ator says she seeks. We strongly urge you to amendment. oppose Senator Murkowski’s amendment as Please support action on global warming should be regulated under the Clean well as any other amendments to the Inte- and vote ‘‘no’’ on Murkowski Amendment Air Act logically and inevitably fol- rior Appropriations bill that would delay 2530. lowed, as required by law, from the de- America’s progress toward a clean energy Sincerely, termination that these pollutants economy that would create jobs, increase LARRY J. SCHWEIGER, threaten public health. Thankfully, America’s energy security, and cut pollu- President and CEO. this administration has already begun tion. Mrs. BOXER. So here we had a situa- this important work. Senator MUR- Alliance for Climate Protection, Center for American Progress Action Fund, tion where I am very pleased the rules KOWSKI’s amendment would have re- Center for Auto Safety, Center for Bio- of this Senate did not allow this very quired EPA to take what is called a logical Diversity, Clean Air Task dangerous amendment to be brought timeout while Congress crafted a legis- Force, Clean Water Action, Defenders before the body. We would have talked lative solution to global warming. Un- of Wildlife, Environment America, En- about it for days because, before I fortunately, time is not on our side as vironmental Defense Fund, League of would allow a vote on that, I would we race to protect our planet from the Women Voters of the United States, want to make sure every single Sen- effects of carbon pollution. National Audubon Society, Natural Re- ator understood it is a repeal of the Just yesterday, our President spoke sources Defense Council, Oceana, Si- before the United Nations about the erra Club, Southern Alliance for Clean Clean Air Act through the backdoor, Energy, Southern Environmental Law even after the Bush Supreme Court challenges to all nations from un- Center, Union of Concerned Scientists. said the Clean Air Act covers carbon checked global climate change and the and greenhouse gases. opportunities we have to revive the NATIONAL WILDLIFE FEDERATION, With that, Mr. President, I yield 20 world economy through the advance- NATIONAL ADVOCACY CENTER, minutes to the Senator from Rhode Is- ment of clean energy and clean energy Washington DC, September 24, 2009. land. jobs. The world community needs the DEAR SENATOR: National Wildlife Federa- The PRESIDING OFFICER. The Sen- United States to be a leader in this ef- tion asks you to oppose Amendment 2530, ator from Rhode Island is recognized. sponsored by Sen. Murkowski, on HR 2996 fort, and the world is watching our ac- (the Fiscal Year 2010 Interior and Environ- Mr. WHITEHOUSE. Mr. President, tions closely. ment appropriations bill). first, let me thank my distinguished President Obama pledged that our America and the world are poised to take Environment and Public Works Com- steps so far—investments in alter- long overdue action to reduce global warm- mittee chairman, Senator BOXER, for native energy, efficiency measures, ing pollution. As President Obama said this her passionate defense of this statute, tougher fuel standards—and our steps week in a climate address to the United Na- which has improved the quality of life to come ‘‘represent an historic recogni- tions, there are ‘‘no excuses for inac- and the quality of our air for a genera- tion on behalf of the American people tion.... we don’t have much time left.’’ At tion now of Americans against this as- this historic juncture, Senators should not and their government.’’ He said: hit the ‘‘snooze button’’ to delay enforce- sault. I appreciate that she has given We understand the gravity of the climate ment of the Clean Air Act and extend the me a few moments to discuss the threat. We are determined to act. And we government’s long nap on global warming. amendment the Senator from Alaska will meet our responsibility to future gen- Year after year, Congress has debated wheth- wanted to offer. I know it was not of- erations. er or not to act on global warming, but little fered, but, nevertheless, I feel we need Forcing the EPA to take a timeout has been done. Over the past two decades, as to respond, given the message that now would have sent exactly the oppo- the impacts of warming became increasingly amendment sends to this body, to the site message; would tell the world we severe and the scientific warnings increas- Nation, and to the world regarding do not truly care about climate ingly urgent, U.S. emissions of global warm- ing pollution increased 17%. America’s position on the need to curb change; that we are not ready to step National Wildlife Federation, which rep- global warming and our move toward a up, let alone lead; would say we would resents over four million members and sup- clean energy economy. prefer to leave a polluted world to our

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9792 CONGRESSIONAL RECORD — SENATE September 24, 2009 children and grandchildren, a world far Social Responsibility has estimated What these things do is they solve the worse off than the world our parents that all coal plants in the United local problem of pollution by pushing and grandparents left to us. Any time- States together cause about 23,600 pre- the poisons so far up into the atmos- out now would have damaged our inter- mature deaths and 554,000 asthma at- phere that they don’t fall in West Vir- national progress and our leadership. tacks each year. ginia, in Indiana, and in Ohio, but they Moreover, a timeout of the sort pro- The Centers for Disease Control tells move elsewhere and they land often in posed in the Murkowski amendment us that between 1980 and 1995 the inci- Rhode Island, and we face the health would have hurt our legislative efforts. dence of childhood asthma increased consequences every day. So if anybody Supporters of the timeout idea profess over 100 percent—the increase of child- is looking for a sympathetic ear for to want a legislative solution to ad- hood asthma more than doubled—from these powerplants, they have come to dress climate change. Well, maybe. But 3.6 percent to 7.5 percent of all chil- the wrong place if they have come to doing so would have set back that very dren. Rhode Island. goal. By 2005, nearly 9 percent of all chil- Today, we are facing perhaps the To the extent some of the big pol- dren were reported to have asthma. In greatest environmental threat of our luters are working with us in this leg- African-American children, the rate time: Global climate change triggered islative process, it is because they feel soared to 19.2 percent—nearly one in by increased concentrations of carbon the hot breath of the future on their five African-American children. dioxide in our atmosphere. We have necks, and they know they had better Massachusetts, Maryland, and my supersaturated the atmosphere with participate or be left to their fate. Give State of Rhode Island—all downwind carbon dioxide, and it is having an ef- them an artificial reprieve from those States—were among the five States fect. Coal-fired powerplants share consequences—real consequences of with the highest incidence of asthma. much of the blame. Forty percent of all science, of fact, of law, and of nature— The Rhode Island Lung Association es- carbon dioxide emissions come from and their motivations would change. timates that 15,000 children—15,000 coal powerplants. And the polluters Delay would become their friend, in- children in my State of less than 1 mil- will fight—they are fighting—any ef- deed their purpose, because of the arti- lion population—have asthma. Nation- fort to control their carbon dioxide ficial, false status quo that a timeout ally, every year more than 40 kids 4 emissions. The polluter opponents of would create for them. years old and under will die from asth- climate change who are resisting our Let me tell you how these polluters ma. Another 115 kids 5 to 15 years old change to a clean energy economy are affect Rhode Island, my home. will die, and nearly 400 more age 15 to strong and wealthy, and they will stop Let’s start back in 1972, when EPA 34 will die every year. This is what at nothing. We have even recently seen authorized the use of tall smokestacks upwind polluters have helped cause. forged letters to Congress opposing cli- instead of emissions limits. By the When I was attorney general for the mate change legislation in the names mid-1970s, four different circuit courts State of Rhode Island, I joined EPA’s of groups that never authorized the let- of appeal had ruled that the Clean Air lawsuit against American Electric ters. Act required real emissions controls Power for its illegal modification of 16 Just like the polluters fought the and not just increased stack heights. A plants. In 2008, the utility company Clean Air Act in the past, just like the tall smokestack only curbs local emis- settled the lawsuit by installing bil- polluters built taller stacks rather sions, but it spreads the poisons wide- lions of dollars of pollution-control than making what comes out of the ly. equipment which slashed NOX and SO2 stacks cleaner, just like the polluters In 1977, Congress enacted section 123 emissions by 813,000 tons each year— manipulated their flunkies in the Bush of the Clean Air Act, which barred the 813,000 tons of pollution each year. administration, today the polluters construction of smokestacks taller American Electric Power also paid a wanted a timeout. They may say they than called for by good engineering $15 million penalty, nearly five times support a legislative solution to cli- practice. Notwithstanding, Midwestern what ExxonMobil has paid so far for mate change, but if they could fool us powerplants continued to increase the the Exxon Valdez oil spill in 1990, and so that we defunded and stopped and height of their stacks. The average it invested another $60 million in envi- weakened all of the other available smokestack height increased from 200 ronmental mitigation projects. So tools for pollution control, that would feet tall in 1956 to over 500 feet tall in don’t tell me things can’t be done. not help in passing a climate bill. That 1978. In 1970, there were two smoke- But in Rhode Island, the danger con- would give those polluters every incen- stacks in the United States taller than tinues, and still every summer in tive in the world to defect, to delay, 500 feet. By 1985, 180 smokestacks stood Rhode Island the morning radio an- and ultimately to defeat our efforts to taller than 500 feet. Twenty-three of nounces several days that are unsafe move this country toward a clean en- these were over 1,000 feet. Once you get air days, when infants and seniors and ergy economy, to stop subsidizing their over 1,000 feet tall, you actually have people with breathing difficulties are pollution of our air, and our efforts to to put that smokestack on the aviation told they should stay home, that they start solving this great problem of our safety maps because it becomes a haz- should stay indoors because the sum- day. To protect ourselves, we have to ard to aviation. Local interests, of mer air in Rhode Island is not safe, and keep all of our tools available, all op- course, were happy because less of the one of the prime reasons it isn’t safe is tions for curbing greenhouse gas emis- smokestack-emitted poisons fell lo- because we are downwind. So don’t ex- sions working to protect us. cally and more were spread abroad. pect a lot of sympathy from me for I thank the chairman very much for What did this mean for downwind these polluters, with their belching yielding me this time, and I look for- States, such as my State of Rhode Is- smokestacks, that want a free pass to ward to working with her as we con- land? Well, all other things being endanger the public, timeout or not. tinue to find ways to support this legis- equal, the taller the stack, the farther Here is a little description of how tall lation. the poisons travel. According to a 2001 some of these stacks go. The tallest I yield the floor. report by the Clean Air Act Task Force building is Willis Tower in Chicago. A The PRESIDING OFFICER. The Sen- entitled ‘‘Power to Kill: Death and Dis- lot of its radio towers are on the top, ator from California. ease from Power Plants Charged with but it is still a heck of a big building. Mrs. BOXER. Mr. President, I wish to Violating the Clean Air Act,’’ pollution The Empire State Building is 1,250 feet. thank the Senator from Rhode Island. spewed from just 51 plants has short- The Washington Monument is 555 feet. He gets us to where we need to be, ened the lives of as many as 9,000 peo- The Statue of Liberty is 305 feet. In which is focusing on what happens to ple nationwide annually, including Marshall, WV, there is a smokestack our people when we walk away from about 1,500 to 2,100 people in our down- 1,204 feet tall. In Rockport, IN, there is protecting them from pollution. wind States such as Rhode Island. a smokestack 1,038 feet tall. In Jeffer- I know Senator BROWN is in the These plants have also caused tens of son, OH, there is a smokestack exactly chair. I wanted to share with him the thousands of asthma attacks each year 1,000 feet tall. I don’t know whether fact that he knows well that after the and hundreds just in Rhode Island. This that has to go on the aviation safety Cuyahoga River caught fire in Ohio in is just from 51 plants. Physicians for maps. That is just at the boundary. 1969 and many of our lakes and rivers

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That is what we ought to important that we in the Congress fact is, that incident of a river catch- be doing, not repealing the laws that ought to deal with it, not the Environ- ing fire really caught the attention of protect the health of our citizens but mental Protection Agency. That is the the people of this Nation. Whether it trying to figure out a way to work to- point of the amendment. was our water or our air or endangered gether to have a bill that will create Second, I am one Senator who be- species, we decided to take control of these new clean energy jobs, that will lieves we need to deal with climate our communities, of our health, of our protect our kids from carbon pollution, change and who believes humans are environment. and that will make sure the ravages of contributing to it, and we need to stop There is a lot about America that global warming won’t occur. stuffing so much carbon into the at- makes us proud. There is a lot about At the end of the day, our competi- mosphere. But while my friends on the America that makes us great. I believe tiveness depends on how we face this other side often speak in great rhetor- one of our values is caring about the challenge. I believe Thomas Friedman ical flourishes about the inconvenient health of our families. I thought Sen- got it right. If you haven’t read his problem of climate change that my ator WHITEHOUSE was very clear that book ‘‘Hot, Flat, and Crowded,’’ I think friend and fellow Tennessean Al Gore we are not just debating a regulation you should read it because he is so elo- talks about, they are conspicuously si- on page 4 or 5 or 20 or 50. We are talk- quent on the point. He is not on the de- lent about the inconvenient solution, ing about the ability of our kids to fense on this, he is on the offense. He which is nuclear power. breathe the air. We are talking about says that if we don’t grab this mantle Even the President of the United the ability of this planet to survive of leadership on clean energy, then States went to New York this week and without the ravages of global warming, other countries will grab it and they made an entire speech talking about which the Bush administration’s CDC will create the technologies, they will our commitment to climate change told us would have unbelievable effects create the jobs, and we will fall behind. and lecturing the developing countries on the health and safety of our people. America is a leader. We are not a fol- of the world about climate change The laws we passed are the landmark lower. We will have many more oppor- when they are ahead of us on nuclear laws. So therefore I just want to be put tunities to debate this in the future, power and the President, in his entire on record, along with Senator but, my goodness, if we are facing leg- remarks, didn’t mention it once. I sim- WHITEHOUSE, that if this amendment islation that does not move us forward ply think that ought to be noted in the that wasn’t offered today comes back but takes us back to before Richard midst of this debate. in any other form, we are going to have Nixon was President by not enforcing The largest contributors to carbon in to open up the debate pretty wide— the Clean Air Act—I have heard of the the air are China, the United States, pretty wide—because a repeal of an en- party of no, but this is the party of yes- Russia, India, and Japan. There are 44 vironmental law can’t be done on an terday if those are the kinds of amend- nuclear reactors under construction appropriations bill. In essence, when ments we are going to face, dangerous this minute, almost all of them in you don’t enforce a law—that is what amendments that will hurt the health Asia. China has 4 reactors under con- the Murkowski amendment would have of our children. struction and has announced plans for done—when you don’t enforce it, it is So I wanted to make sure that Amer- 130 more reactors. Why? Because nu- the same as not really having it. But ica takes control of its energy future clear power is carbon free. The United you don’t have to look in the eyes of and that it doesn’t cower in the corner States hasn’t built a new nuclear plant your constituents and say: Oh, by the and repeal laws that protect our citi- in 30 years. Russia intends to build 2 way, today I repealed the Clean Air zens, landmark laws such as the Clean reactors a year in order to replace the Act. What you say instead is: Today I Air Act. I am so glad that today we 30 percent of electricity they get from fought to have a pause—no enforce- avoided having to have this long de- natural gas so they can sell that gas to ment. Well, let me tell my colleagues, bate. I am glad this amendment was Europe at a big profit. when that child gets asthma, she is not disallowed because it doesn’t belong on Japan is building two nuclear reac- going to ask her mom: Did I get asth- an appropriations bill. It is a repeal of tors a year. They derive 36 percent of ma because there was a pause in the the Clean Air Act. Let’s face it, you their electricity from nuclear. South Clean Air Act or because they repealed don’t do that in 15 minutes on the floor Korea gets nearly 40 percent of its elec- the Clean Air Act? That child will get of the Senate and call it a timeout. tricity from nuclear, and they are plan- asthma. I swear to my colleagues that Call it whatever you want, but when ning 8 more reactors by 2015. India is I am not going to let more kids get you tell an agency: Don’t enforce the developing thorium reactors instead of asthma, not on my watch. It is wrong. law that protects the health of our uranium. France is 80 percent nuclear It is wrong. children and our families, that is a re- and is selling electricity to Germany, Here is the great news. The great peal through the back door. which is the only major European news is, if we decide to be the leader in So I thank you very much for the country still renouncing nuclear this clean energy revolution, we will time. I know I have additional time. I power. And here we sit worried about see our people get healthy. We will see will not be using it. I yield back the re- climate change, having 104 reactors millions of jobs created. We will move mainder of my time. that we built before 30 years ago, which off of these dirty energy sources. We The PRESIDING OFFICER. The Sen- produce 20 percent of our electricity, will create American jobs, 21st-century ator from Tennessee. but 70 percent of our carbon-free elec- jobs, building wind turbines, installing Mr. ALEXANDER. Mr. President, in tricity, and the President goes to New solar panels, producing a new fleet of just a few minutes, the Senator from York and doesn’t say one word about electric cars, hybrid vehicles. We see it Maine will have the floor. Senator nuclear power. He wants to build 186 50- in Ohio already where they are build- FEINSTEIN has asked those Senators story wind turbines, which will operate ing solar panels. This is the one area of who have amendments which are part about a third at a time, and not at all growth. of the unanimous consent agreement to in our part of the country, instead of We are having a tough time in our come on over and call them up. I think taking the greatest technological ad- State—people laid off, terribly high un- Senator COBURN is probably coming vance of the last century, which we al- employment rate. The stimulus is help- following Senator COLLINS from Maine. ready use to produce 70 percent of our ing us. We are getting some jobs back, I listened carefully to Senator carbon-free electricity, and say let’s do but we are suffering. The one area of WHITEHOUSE and to the distinguished more of that. growth, I say to the Chair, 125,000 new chairman of the Environment and Pub- I am hopeful that as this debate pro- green jobs that can’t be taken away. lic Works Committee. I wish to make ceeds, the President will say let’s dou- You can’t take a job of putting a solar an observation, if I may, which will ble our nuclear production and build

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9794 CONGRESSIONAL RECORD — SENATE September 24, 2009 100 new nuclear plants in the next 20 the many agency offices and labs in Protection Agency to use up to $500,000 from years. We should be able to agree on 100 Las Vegas into one high-performance the amounts identified for buildings and fa- new nuclear plants and electrifying our green building. cilities for the purpose of preliminary plan- cars and trucks. If we do those two It doesn’t make a lot of sense to con- ning and design work to consolidate the Agency’s Las Vegas offices into one high-per- things alone, we would meet the Kyoto tinue spending money on aging facili- formance green building. Protocol by 2030. But we don’t hear a ties spread across several buildings in Such a consolidation would save taxpayers word about it. need of repair and rehabilitation, par- money, reduce energy and water use, and im- Let’s bring up the inconvenient prob- ticularly with the leases that are not prove administrative efficiency. The current lem of climate change and let’s deal far from ending. Current costs associ- facilities used by the EPA offices and labora- with it here. But let’s bring up the in- ated with these facilities’ leases and tories are in need of rehabilitation and re- convenient solution of nuclear power. their operation cost over $5.5 million pair and their leases expire in the near fu- As far as science goes, the chief sci- annually. ture, so it is essential that the Agency begin entist in the Obama administration, a Consolidation would improve admin- making plans for their future use. Nobel Prize winner, Dr. Chu, says nu- istrative efficiencies and reduce agency Consistent with paragraph 9 of Rule XLIV clear power is safe and nuclear waste— energy, water, and other costs over of the requirements of the Standing Rules of used nuclear fuel—can be safely dealt time. Developing a more precise esti- the Senate, I certify that neither I nor my immediate family has a pecuniary interest with for the next 40 to 60 years by hav- mate of total savings would be part of in the congressionally directed spending ing it stored onsite, while we have a the preliminary planning effort my items I have requested. I further certify that mini Manhattan Project over the next amendment authorizes. I have posted a description of the items re- 20 years to find the best way to recycle The people in the offices and labs I quested on my official website, along with used nuclear fuel that doesn’t produce think could be consolidated would also the accompanying justification. plutonium. greatly benefit from their being able to Thank you for your attention to this re- This is a good debate. I am glad Sen- work more closely together, given quest ators have come to the floor to talk their mission and activities. These in- Sincerely, about this, and this is an appropriate clude the agency’s National Exposure HARRY REID, amendment on which to have the dis- Research Laboratory, the Emergency United States Senator. cussion. The point of the Republican Response Team—when something bad Mr. REID. Mr. President, on the Uni- amendments were, let’s do it in Con- happens with a nuclear device, they are versity of Nevada-Las Vegas campus gress, not the agency. If we are going able to move on that—the Radiation we have EPA buildings. They are so to talk about the inconvenient prob- and Indoor Environments National old. We have been talking about doing lem, climate change—and I agree it is a Laboratory, the Financial Management something about them for decades. problem and we need to deal with it— Center, the Human Resources Office, They have been so terribly important let’s talk about the inconvenient solu- the National Environmental Research over the years with what has been tion, nuclear power, which today pro- Center, and the Environmental Serv- going on at the Nevada Test Site and vides 70 percent of our carbon-free elec- ices Division’s various laboratories and Yucca Mountain. The leases are about tricity, which is what we are debating. Technical Reference Center. to run out. It is not fair to the Federal The PRESIDING OFFICER (Mr. As we know, the Energy Independ- Government or the university. It would FRANKEN). The majority leader is rec- ence and Security Act of 2007 and the save the government huge amounts of ognized. Recovery Act strongly direct the Fed- money and it would be the right thing AMENDMENT NO. 2531 eral Government to be a leader, not a to do. This would be the beginning of Mr. REID. Mr. President, I have an follower, in adopting green building accomplishing what EPA wanted to do amendment No. 2531, and I ask that it technologies. EPA should be at the top for decades. I hope that Senators will be brought before the Senate. of the list, given its important role, look favorably on this amendment. The PRESIDING OFFICER. The and I think its labs and facilities in The PRESIDING OFFICER. The Sen- clerk will report. Las Vegas should serve as a shining ex- ator from Maine is recognized. The legislative clerk read as follows: ample of environmental leadership Ms. COLLINS. Mr. President, what is EID that saves the Federal Government and The Senator from Nevada [Mr. R ] pro- the pending amendment? poses an amendment numbered 2531. taxpayers money. Mr. REID. Mr. President, I ask unan- I ask unanimous consent to have The PRESIDING OFFICER. The Reid imous consent that reading of the printed in the RECORD following my amendment. amendment be dispensed with. statement a letter to the Appropria- AMENDMENT NO. 2498 The PRESIDING OFFICER. Without tions Committee regarding this re- Ms. COLLINS. Mr. President, prior to objection, it is so ordered. quest, in compliance with paragraph 9 Senator REID offering his proposal, the The amendment is as follows: of rule XLIV of the Standing Rules of pending business before the Senate was (Purpose: To make funds available for pre- the Senate. an amendment I offered earlier this liminary planning and design of a high-per- There being no objection, the mate- week, which was designed to promote formance green building to consolidate the rial was ordered to be printed in the better transparency, accountability, multiple offices and research facilities of RECORD, as follows: the Environmental Protection Agency in and oversight within our government. U.S. SENATE, Las Vegas, Nevada) I am deeply disappointed that a pro- Washington, DC, September 22, 2009. On page 183, line 14, before the period, in- Hon. DANIEL K. INOUYE, cedural tactic will be invoked to pre- sert the following: ‘‘: Provided, That, at the Chairman, Committee on Appropriations, U.S. vent an up-or-down vote on my amend- discretion of the Administrator of the Envi- Senate, Washington, DC. ment, which is designed to bring the ronmental Protection Agency, from the Hon. DIANNE FEINSTEIN, proliferation of czars under the normal funds included under this heading, $500,000 Chairwoman, Subcommittee on Interior, Envi- process. may be made available for preliminary plan- ronment, and Related Agencies, U.S. Sen- The amendment I proposed would ning and design of a high-performance green ate, Washington, DC. have ensured that the 18 new czar posi- building to consolidate the multiple offices Hon. THAD COCHRAN, and research facilities of the Environmental Vice Chairman, Committee on Appropriations, tions appointed by this administration Protection Agency in Las Vegas, Nevada’’. U.S. Senate, Washington, DC. could be held accountable to Congress Mr. REID. Mr. President, I appreciate Hon. LAMAR ALEXANDER, and to the American people. The pro- my friend from Maine allowing me to Ranking Member, Subcommittee on Interior, En- liferation of czars under the current speak for a couple minutes prior to her vironment, and Related Agencies, U.S. Sen- administration to manage some of the being recognized. ate, Washington, DC. most complex and important issues The amendment I have called up al- DEAR CHAIRMAN INOUYE, VICE CHAIRMAN facing our country has created serious COCHRAN, CHAIRWOMAN FEINSTEIN, AND RANK- lows, not directs, the EPA Adminis- ING MEMBER ALEXANDER: I am writing to re- problems in oversight, accountability, trator to use $500,000 of the funds pro- quest that the Interior Appropriations bill and transparency. It is of great concern vided in the bill for preliminary plan- for fiscal year 2010 include the discretion for to me that these positions circumvent ning and design to work to consolidate the Administrator of the U.S. Environmental the congressional requirements for

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9795 oversight. They circumvent the con- the White House Council on Environmental sition that has been identified as a czar stitutional process by which the Sen- Quality. Reported Duties: Will focus on envi- in various media reports to be problem- ate is supposed to give advice and con- ronmentally-friendly employment within the atic. Some of those positions are estab- sent to major policy positions within administration and boost support for the lished by law. Some of them are sub- idea nationwide. Reports to: Head of Council our government. on Environmental Quality. ject to Senate confirmation. Rather, I have a list of the 18 new czar posi- my amendment is carefully tailored so POSITIONS IN A DEPARTMENT OR AGENCY (8) it would not cover and would not apply tions that have been created by this Afghanistan Czar: Richard Holbrooke. Offi- administration. I ask unanimous con- cial Title: Special Representative for Af- to positions recognized in law or sub- sent that it be printed in the RECORD. ghanistan and Pakistan. Reported Duties: ject to Senate confirmation. There being no objection, the mate- Will work with CENTCOM head to integrate For example, the proposal I have rial was ordered to be printed in the U.S. civilian and military efforts in the re- would not apply to the Director of Na- RECORD, as follows: gion. Reports to: Secretary of State (position tional Intelligence, to the National Se- is within the Department of State). CZARS curity Advisor, to the Homeland Secu- Auto Recovery Czar: Ed Montgomery. Offi- rity Advisor, to the Chairman of the POSITIONS IN THE EXECUTIVE OFFICE OF THE cial Title: Director of Recovery for Auto PRESIDENT (10) Recovery Accountability and Trans- Communities and Workers. Reported Duties: parency Board, or to the so-called in- Central Region Czar: Dennis Ross. Official Will work to leverage government resources Title. Special Assistant to the President and to support the workers, communities, and re- formation or regulatory czar within Senior Director for the Central Region. Re- gions that rely on the American auto indus- OMB. These positions, because they are ports to: National Security Adviser Gen. try. Reports to: Labor Secretary and Larry recognized in law, or they are subject James L. Jones. Summers, the President’s top economic advi- to Senate confirmation, simply do not Cybersecurity Czar: TBD. Reported Duties: sor (position is within the Department of raise the same kinds of concerns about Will have broad authority to develop strat- Labor). accountability, transparency, over- egy to protect the nation’s government-run Car Czar (Manufacturing Policy): Ron sight, and vetting. and private computer networks. Reports to: Bloom. Official Title: Counselor to the Sec- Instead, my amendment has been National Security Advisor Gen. James L. retary of the Treasury. Reported Duties: carefully tailored to cover officials Leader of the White House task force over- Jones and Larry Summers, the President’s that the President has unilaterally des- top economic advisor. seeing auto company bailouts; worked on the Domestic Violence Czar: Lynn Rosenthal. restructuring of General Motors and Chrys- ignated as responsible for significant Official Title: White House Advisor on Vio- ler LLC. Reports to: Treasury Secretary and policy matters. It would not have cov- lence Against Women. Reported Duties: Will Larry Summers, the President’s top eco- ered the President’s Chief of Staff, for advise the President and Vice President on nomic advisor (position is within the Depart- example, and it would not cover less domestic violence and sexual assault issues. ment of Treasury). senior White House officials, despite Reports to: President Obama and Vice Presi- Great Lakes Czar: Cameron Davis. Official some misinformation to the contrary. dent Biden. Title: Special advisor to the U.S. EPA over- Because the White House has raised Economic Czar: Paul Volcker. Official seeing its Great Lakes restoration plan Re- ported Duties: Oversees the Administration’s so many objections to my amendment, Title: Chairman of the President’s Economic I have offered to sit down with the Recovery Advisory Board. Reported Duties: initiative to restore the Great Lakes’ envi- Charged with offering independent, non- ronment. Reports to: Environmental Protec- White House counsel and narrow the partisan information, analysis and advice to tion Agency Administrator (position is with- scope of the amendment further, to ad- the President as he formulates and imple- in the Environmental Protection Agency). dress any concerns the White House ments his plans for economic recovery. Re- Pay Czar: Kenneth Feinberg. Official Title: might have. Unfortunately, the White ports to: President Obama. Special Master on executive pay. Reported House has failed to provide any modi- Energy and Environment Czar: Carol Duties: Examines compensation practices at fication to the text of my amendment. Browner. Official Title: Assistant to the companies that have been bailed out more Instead, they said they did not want than once by the federal government. Re- President for Energy and Climate Change. any of these officials to be called to Reported Duties: Coordinate energy and cli- ports to: Treasury Secretary (position is within the Department of the Treasury). testify before Congress. mate policy, emphasizing regulation and Let me explain exactly what my conservation. Reports to: President Obama. Guantanamo Closure Czar: Daniel Fried. Health Czar: Nancy-Ann DeParle. Official Official Title: Special Envoy to oversee the amendment would have done, so you Title: Counselor to the President and Direc- closure of the detention center at Guanta- can see how modest indeed the amend- tor of the White House Office of Health Re- namo Bay. Reported Duties: Works to get ment was. form. Reported Duties: Coordinates the de- help of foreign governments in moving to- The amendment simply would have velopment of the Administration’s ward closure of Guantanamo Bay. Reports required that the President certify to healthcare policy agenda. Reports to: Presi- to: Secretary of State (position is within the Congress that officials in these impor- dent Obama. Department of State). International Climate Czar: Todd Stern. tant positions would respond to all rea- Senior Director for Information Sharing Official Title: Special Envoy for Climate sonable requests to testify before or Policy: Mike Resnick. Reported Duties: Lead Change. Reported Duties: Responsible for de- provide information to congressional a comprehensive review of information shar- veloping international approaches to reduce committees with jurisdiction over the ing and lead an interagency policy process to the emission of greenhouse gases. Reports to: identify information sharing and access pri- issues involved. Secretary of State (position is within the De- orities going forward. (Perhaps performing Second, it simply would have re- partment of State). functions statutorily assigned to the Pro- quired these officials to submit a bian- Special Representative for Border Affairs nual report to the congressional com- gram Manager for the Information Sharing and Assistant Secretary for International Environment). Reports to: Unknown. Affairs (dubbed ‘‘Border Czar’’): Alan Bersin. mittee with jurisdiction, describing the Urban Affairs Czar: Adolfo Carrion Jr. Offi- Official Title: Assistant Secretary for Inter- activities of the official and his or her cial Title: White House Director of Urban Af- national Affairs. Reported Duties: Will co- office, and any rule, regulation, or pol- fairs. Reported Duties: Coordinating trans- ordinate all of the Department’s border secu- icy that the official participated in or portation and housing initiatives, as well as rity and law-enforcement efforts. Reports to: assisted in the development of. serving as a conduit for federal aid to eco- Homeland Security Secretary (position is That is it. How can we possibly be nomically hard-hit cities. Reports to: Presi- within the Department of Homeland Secu- against that kind of accountability, dent Obama. rity). WMD Policy Czar: Gary Samore. Official transparency, and oversight? It is our Title: White House Coordinator for Weapons Ms. COLLINS. Many of the czars on job as Members of Congress to conduct of Mass Destruction, Security and Arms Con- the list seem to either duplicate or di- such oversight. trol. Reported Duties: Will coordinate issues lute the statutory authority and re- We cannot do so when the adminis- related to weapons of mass destruction sponsibilities that Congress has al- tration sets up a structure where there across the government, including: prolifera- ready conferred upon Cabinet level offi- is an energy czar, an urban affairs czar, tion, nuclear and conventional arms control, cials and other senior executive branch an environmental czar, a cyber-secu- threat reduction, and terrorism involving officials who go through the normal rity czar—the list goes on and on. It weapons of mass destruction. Reports to: Na- tional Security Advisor Gen. James L. constitutional process whereby the creates confusion over who is in Jones. Senate gives its consent to these nomi- charge, who is making policy. Green Jobs Czar: TBD (Van Jones—Re- nees. Let’s take the area of health care. Is signed). Official Title: Special Adviser for As I said when I first introduced this the top policy position in this adminis- Green Jobs, Enterprise, and Innovation at amendment, I do not consider every po- tration Nancy-Ann DeParle, who is the

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What the President has done by cre- leagues on the other side of the aisle, But I would say to my colleagues, re- ating so many czar positions within such as Senator BYRD—who certainly gardless of whether it is a Democratic the White House that appear to dupli- knows more about the Constitution President or a Republican President, a cate the executive branch officials who than I think any of us who are serving Democratic Congress or a Republican are subject to Senate confirmation is at the present time—who has expressed Congress, I think this is an institu- to blur the lines of authority. That is concerns about the proliferation of tional issue, and I think all of us as not good for our system of government, czars. I have taken into account con- Members of Congress should be very and it is not in keeping with this ad- cerns expressed by Senator FEINGOLD, concerned about organizational struc- ministration’s pledge to be the most by Senator FEINSTEIN. I have done a tures that make it impossible for us to transparent administration ever—a careful, narrowly tailored amendment conduct effective congressional over- pledge for which I salute the President. that does not attempt to sweep in posi- sight; that insulate these officials who Mr. DURBIN. Mr. President, will the tions that are recognized in law, nor have significant policy responsibilities Senator yield for a question? does it sweep in positions that are sub- from ever coming to testify, from Ms. COLLINS. I will be happy to ject to Senate confirmation. going through the vetting and the con- yield. That is why it is so disappointing to firmation process. Mr. DURBIN. Mr. President, I would me that my colleagues are not unani- I think that is a problem regardless like to ask the Senator about her mously adopting my amendment, of who the President is, and I am not amendment. The first thing I would which it looked like they were going to the only one who thinks it. That is why like to ask is, her amendment does not do earlier this week before the White Senator ROBERT C. BYRD wrote to the specify how many czars—I think that House weighed in, because I did not White House, wrote to the President, is the term she used on the floor—how take a broad sweeping approach. I took as this press release says, questioning many czars she thinks there are in the a very narrow, careful approach that the Obama administration on the role administration or what their titles are. aimed at the promise the President of White House czar positions because, Could the Senator from Maine tell me talked about, the lack of oversight, as he says: how many czars we are going to try to transparency, and accountability. Too often, I have seen these lines of au- impact with her amendment? Mr. DURBIN. If the Senator will thority and responsibility become tangled Ms. COLLINS. I will be happy to. Mr. yield further for a question, I would and blurred, sometimes purposely, to shield information and to obscure the decision- President, I say to my friend that I like to ask the Senator—I have been making process. have a list of 18 positions which I have told that using the definition of ‘‘czar’’ I am not saying this is part of a plot talked repeatedly about and which I that Mr. Beck, political adviser to to obscure information, but what I am have inserted into the RECORD. As I some, and Senator HUTCHISON, and even saying is we have an obligation to exer- have said, I am not one who has used you use, that under President George cise our constitutional duties, and the this term in the way some have to in- W. Bush, the previous Republican ad- proliferation of these unaccountable clude individuals with broad authority ministration, one could characterize positions in any administration makes across various agencies, such as the Di- his officials and advisers in the Execu- that impossible for us to do so. rector of National Intelligence. But tive Office of the President and other Mr. President, if I may complete the that is the position that is established agencies as an Afghanistan czar, an end of my statement—before we got or recognized in law and is subject to AIDS czar, a drug czar, a faith-based into this good little colloquy. And I do Senate confirmation. I did not include czar, an intelligence czar, a Mideast appreciate the opportunity to clarify those. In fact, in the language of my peace czar, a regulatory czar, a science whom my amendment would cover, amendment, I specifically say it does czar, a Sudan czar, a TARP bailout who would be covered by it and who not apply to positions established in czar, a terrorism czar, and a weapons would not. As I said, I was willing to law. czar, under the previous administra- work with the White House to make Mr. DURBIN. Mr. President, if the tion. I ask the Senator from Maine if this even clearer. My staff was here Senator will yield and share a copy of she proposed this amendment under a many hours last night. I had conversa- that list with me, I would appreciate Republican President who clearly had tions with White House officials and, it. But in the meantime, I ask the Sen- his own stable of Muscovite czars of a unfortunately, at the last moment, ator, it seems that the czar watchers lot of different versions? they decided not to try to propose revi- on her side of the aisle, Senator Ms. COLLINS. Mr. President, I, sions to the text. HUTCHISON, for example, found 32 czars again, will be happy to attempt to clar- I am not going to seek to overturn when she went looking. One of the ad- ify this issue for my colleague and the Chair’s ruling on this amendment visers to some politicians—and I will friend—and he is my friend—from Illi- which will be forthcoming, and I know not include the Senator from Maine; nois. I realize he has his role to play in how it will go. But I do think it is un- she can speak for herself—the noted this debate. But the fact is, he has just fortunate that a procedural tactic is guru Glenn Beck has identified 32 czars listed several positions that are estab- being used to block a vote on this as well. lished by law. The intelligence czar is amendment. I do want to tell my col- I ask the Senator from Maine before the Director of National Intelligence, leagues that I think this is a real issue. we get into the propriety of her amend- Dennis Blair. Joe Lieberman and I I am very pleased the Homeland Secu- ment under Senate rules, who is going wrote the law that established that po- rity and Governmental Affairs Com- to define who is covered by her amend- sition in 2004, and he is confirmed by mittee, under Chairman LIEBERMAN, is ment, if her colleague from Texas the Senate. going to hold a hearing to explore this found 32, Glenn Beck found 32, and she The regulatory czar—he is referring issue because it does have constitu- found 18? to Cass Sunstein in this administration tional ramifications and it does involve Ms. COLLINS. Mr. President, I will and John Graham in the previous one— the balance of power between the exec- be glad to respond to the question of it is established by law. It is part of the utive and legislative branches. The rul- my colleague. My colleague did not Office of Information and Regulatory ing the Chair is going to make is not have the benefit of being on the Senate Affairs within OMB. I am not talking going to be the last word on this sub- floor when I first presented my amend- about those positions no matter in ject. ment, and I addressed this very issue. whose administration it is. I am talk- The administration needs—any ad- I was very careful in drafting this ing about perhaps other positions on ministration—to fully explain the re- amendment to make clear that I was his list. Regardless of whose adminis- sponsibilities and authorities of these

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DAR- on this issue. able requests to testify before or pro- RELL ISSA, a Congressman from Cali- I believe the amendment I drafted is vide information to any congressional fornia, was recently on FOX News and a very reasonable, balanced one, and it committee with jurisdiction over such was asked what kind of investigation would have been a significant step to- matter. he had made into the Bush administra- ward establishing an oversight struc- The adviser must give a report every tion about czars, and he said he hadn’t ture for these positions that would pro- 6 months, kind of a work-in-progress done so. He hadn’t raised any objec- vide the transparency, accountability, report, a diary of what they are doing. tion, although he now thought it was a and oversight our Nation expects from So in addition to working on issues pretty important issue under President its leaders. I am dismayed the Senate such as health care reform, they need Obama. In fact, if you adhere to the is about to choose a point of order over to prepare a report sent to Congress definition of czar held by many Mem- these principles. every 6 months to let us know they are bers—and I won’t include Senator COL- The PRESIDING OFFICER. The Sen- showing up on time at their desks and LINS in this group but other Members ator from Illinois. actually doing what they are supposed in the Senate—the Bush administra- Mr. DURBIN. Mr. President, let me to do. The President doesn’t need stat- tion had 47 czars—budget czars, faith point out at the outset my friendship utory authority to appoint advisers, czars, manufacturing czars, to name a and respect for Senator COLLINS. These and it doesn’t make sense to require an few. are terms tossed around on the Senate assistant to the President, who has an Many of the Members who now decry floor sometimes in meaningless con- otherwise pretty serious workload, to the practice have called on Presidents text, but this is meaningful. We have fill out these reports to Congress every in the past to appoint czars. Senator worked together on many issues. I re- 6 months to make sure they are show- ROBERT BENNETT of Utah, a friend and spect her very much and believe when ing up as promised. recognized colleague who worked hard she was chairman of the then Govern- But the amendment does touch on on the Y2K concern, asked for a czar to mental Affairs Committee, later to be accountability in a way that I agree be appointed, and he said he had the Homeland Security Committee, with. Public officials, including those worked with that person to maintain that she did extraordinary work with who serve at the pleasure of the Presi- ‘‘bipartisan and across-the-government Senator LIEBERMAN, particularly when dent, should be responsive to congres- communication.’’ Even the ranking it came to the creation of a new intel- sional inquiries. That is why Senator member of the Appropriations Interior ligence agency. After 9/11, it was one of COLLINS and I, through our appropria- Subcommittee, Senator ALEXANDER of the toughest political assignments ever tions subcommittee, bring in leaders Tennessee, has had words said about given, and Senator COLLINS handled it from the administration. And I can’t czars in this administration. But dur- with professionalism, in a bipartisan say for certain, but I am virtually cer- ing remarks delivered on the Senate way. I commend her for it. I think she tain we have not been turned down by floor in 2003, captured in the CONGRES- is exceptionally talented, and I am any at this point. The committee ex- SIONAL RECORD, Senator ALEXANDER happy to have her as my ranking mem- pects officials employed in whole or in said, ‘‘I would welcome [President ber on the Financial Services and Gen- part by the Executive Office of the Bush’s] manufacturing job czar.’’ That eral Government Appropriations Sub- President and designated by the Presi- same day in the Senate, he also ex- committee where we continue to work dent to coordinate policy agendas pressed support for President Bush’s closely together. across executive departments and AIDS czar, Randall Tobias. She raises a legitimate inquiry. The agencies to keep Congress fully and Mr. ALEXANDER. Mr. President, legislative branch should ask whether currently informed. We ask that of will the Senator yield for a question? the executive branch has gone beyond them, and so far we have received their Mr. DURBIN. I would be happy to its constitutional authority. I think it cooperation. yield. is a legitimate question. Unfortu- Over the past several weeks, there Mr. ALEXANDER. Mr. President, I nately, before she came to the Senate has been this new interest in the czars would ask the distinguished assistant floor, the waters had been muddied by and czarinas in the Obama administra- Democratic leader if he is aware that statements made by our colleague, tion, according to Mr. Beck and others. the manufacturing czar in President Senator HUTCHISON, in the Washington Some Members have asked serious Bush’s time was appointed by the Post on September 13 as to when she questions about the makeup of the President and confirmed by the Senate went searching for czars in the Obama White House staff. The bulk of the and testified before the Senate? And I administration, she found 32 of them. noise being heard right now began with wonder if he is also aware that the The political wise man, Glenn Beck, partisan commentators like Mr. Beck, AIDS czar was appointed by the Presi- found 32 as well but went on to say on suggesting this is somehow a new and dent and confirmed by the Senate and his Web site—he is a major champion sinister development that threatens testified before the Senate? on this issue, incidentally—‘‘since czar our democracy. Senator COLLINS has been careful—I isn’t an official job title, the number Unfortunately, this czar issue didn’t believe he is aware; I wonder if he is [of czars in the Obama administration] start with the Obama administration. aware—that she is not talking about is somewhat in the eye of the be- It goes back much further in history, any czars whom we confirm and the holder.’’ and it certainly includes the previous President appoints and who testify, That is why this becomes a pretty Bush administration, which was not and she is only talking about the 18 difficult amendment to consider at this subjected to an amendment such as is new czars under the Obama administra- moment in time. The Senator from being offered at this moment. Many of tion, just as Senator BYRD did in Feb- Maine has been kind enough to add a the officials cited by conservative com- ruary. page in the RECORD that lists her find- mentators—and I don’t include Senator I wonder if the Senator is aware of ings of 18 of these so-called czars. I COLLINS because I haven’t seen her list those things? don’t know if others would find the of 18—are Senate-confirmed appointees Mr. DURBIN. I thank the Senator same number, more or less. Whether or advisory roles carried over from the from Tennessee for the question, and I there are 57 known czars or whether Bush White House. Many are advisers am aware of that fact, and I would re- there are 18, I just don’t know. to the President’s Cabinet Secretaries. spond to him, that is why I was trying This amendment would prohibit Many hold policy jobs that existed in to clarify how many czars are in this funds for the administrative expenses the Bush administration. Some hold Muscovite conspiracy because one of of White House advisers—and that is a jobs that involve coordinating the his colleagues from Texas, Senator term usually used by those not partial work of agencies on President Obama’s HUTCHISON, identified 32, as did Mr.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9798 CONGRESSIONAL RECORD — SENATE September 24, 2009 Glenn Beck, and they included 16—par- ple, and whether they are willing to ber, a Senate-confirmed appointee, di- don me, 7 of these so-called czars are testify before us. She is the ranking rectly at EPA. people who have—pardon me, 9 have member of the committee Senator So again I compliment the Senator been confirmed by the Senate. So it ap- LIEBERMAN chairs and will have an op- from Maine on her efforts. I will cer- pears that some of your colleagues do portunity during the hearings to ex- tainly pledge ongoing support on the not share your definition that Senator plore this. issue, including through my amend- COLLINS referred to on the floor. Some of us are concerned that the ment. The point I am trying to make is administration is too dedicated to too I yield back my time. that this is a legitimate inquiry, it is many Washington takeovers, and the The PRESIDING OFFICER. The Sen- an important inquiry, but it has been unusual number of new czars is the ator from New Mexico. muddled by statements made by some most visible symbol of the large num- Mr. UDALL of New Mexico. Mr. Members of Congress and certainly by ber of Washington takeovers. I think President, I rise today to oppose the those in the political commentary we are fortunate that we have as Murkowski amendment. The Mur- realm. thoughtful a Senator as the Senator kowski amendment would prohibit the The good news for Senator ALEX- from Maine and an independent Sen- EPA from using funds under the Clean ANDER and Senator COLLINS and every- ator from Connecticut, JOE LIEBERMAN, Air Act to deal with climate change. one else concerned about this issue is who will look into it. I am sure Sen- I listened earlier today, and I heard that a trusted friend and colleague, ator BYRD will want to weigh in. Sen- the Senator from California, the chair- Senator JOE LIEBERMAN, chairman of ator FEINGOLD may want to have a man of the Appropriations Interior, the Homeland Security Committee, has hearing. So we will have an oppor- Environment Subcommittee, speaking promised a hearing on this issue. I tunity to have a thoughtful resolution. about the issue, and she spoke elo- know he will engage Senator COLLINS, I thank the Senator from Maine for quently. I heard Senator BOXER, the as ranking Republican member, on it, her amendment and her leadership on chairman of the Environment and Pub- and serious questions which have been this issue, and I look forward to hear- lic Works Committee, speaking about presented will be considered by Senator ing more from her on it. this issue. She also made the very Madam Chairman, if I could say to LIEBERMAN. We respect him in that ca- strong point that this amendment the Senator from California, the Sen- pacity. would be ill-advised and irresponsible. So the reason I am objecting to this ator from New Mexico has been waiting And I rise today to speak to this amendment isn’t because I don’t think and the Senator from Louisiana has amendment and to oppose it. Senator COLLINS has at least a legiti- been waiting. America and the world are face-to- mate inquiry, but I think it should be The PRESIDING OFFICER. The Sen- face with a perfect storm—an energy taken in the greater order of things ator from Louisiana. crisis and a climate crisis that require rather than considered in this fashion Mr. VITTER. Mr. President, I ask a do-it-all energy policy. These two cri- on an appropriations bill. unanimous consent for 2 minutes of So, Mr. President, I make a point of recognition before we move away from ses are closely linked, and today I order that the Collins amendment, No. this issue. would like to raise one facet of the so- 2498, violates rule XVI, paragraph 4, The PRESIDING OFFICER. Is there lution: clean energy incentives. legislating on an appropriations bill. objection? I strongly believe we should resist ef- Excuse me, Mr. President, I missed Hearing no objection, it is so ordered. forts to block the Obama administra- one procedural step. Mr. VITTER. Mr. President, I will be tion actions on clean energy on the fis- I call for regular order on the pend- brief. I wish to compliment my distin- cal year 2010 Interior and Environment ing Collins amendment. guished colleague from Maine on her Appropriations Act or other legisla- The PRESIDING OFFICER. The amendment. It was very well tailored tion, for that matter. If that were to amendment is now pending. and very carefully put together. I do happen, American families and the Mr. DURBIN. Mr. President, I now think it is a shame that it won’t be men and women in our Armed Forces make a point of order that the Collins able to come to any vote because of would be stuck with the bill. amendment, No. 2498, violates rule this procedural move by the assistant Concerns about the cost of the ad- XVI, paragraph 4, in that it legislates majority leader. ministration’s actions to address our on an appropriations bill. I want to underscore three points: energy and climate crisis have it ex- The PRESIDING OFFICER. The No. 1, maybe we can talk about some actly backward. The biggest cost is the point of order is sustained. The amend- other universe when we debate the cost of inaction—costs families pay at ment falls. Beck amendment, but we are not de- the pump in energy bills every day; The Senator from Tennessee. bating the Glenn Beck amendment, we money from their hard-earned pay- Mr. ALEXANDER. Mr. President, I are talking about the Collins amend- checks that end up in the treasuries of thank the assistant Democratic leader ment, and we will get to vote on the foreign countries or foreign oil compa- for his comments, and I want to espe- Vitter amendment. What all of us have nies, some of which are hostile to the cially thank the Senator from Maine. been talking about are appointees of United States. In the end, the only peo- The Senator from Illinois suggested the President whose offices were not ple who will benefit from efforts to that the waters had gotten muddied be- created by statute in any way and who block clean energy solutions are mem- cause some of us didn’t count very well were never Senate confirmed. bers of OPEC and other special inter- in terms of the number of czars who No. 2, I also want to underscore the ests in the fossil fuel industry. might exist in the Obama administra- point that this is clearly a bipartisan To put it simply, our dependence on tion. That is why we are so fortunate concern, as evidenced by Senator fossil fuels is a huge drag on families’ to have the Senator from Maine, who is BYRD’s letter of February and the re- pocketbooks and a clear and present always careful, always thoughtful, and cent comments of Senator Russ Fein- danger to our national security. In always experienced. What she has done gold. It is a very serious and very bi- 2008, American families and businesses is gone back to Senator BYRD’s first partisan concern. sent $475 billion overseas to pay for for- letter in February, in which he ex- No. 3, we will have an opportunity to eign oil. That works out to over $4,000 pressed his concern about the constitu- vote on this issue today under my per household in America—a massive tional issues here, and then she has amendment. The climate change czar transfer of wealth from hard-working counted 18 new czars in the Obama ad- is one of those 18, and she clearly families in New Mexico and the other ministration. Her letter of September threatens to supercede and overshadow 49 States to the treasuries of foreign 14 to the President is limited, thought- Senate-confirmed Cabinet members nations. The largest consumer of for- ful and respectful, and she simply asks such as the head of EPA. My amend- eign oil is the U.S. military, which is that the President identify the specific ment is very simple. It says EPA engaged in two major conflicts in the authorities and responsibilities of shouldn’t have to carry out orders of Middle East—an area of strategic im- those positions, the process by which the climate change czar when it is sup- portance largely due to its massive oil the administration examines these peo- posed to be headed by a Cabinet mem- reserves.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9799 Making matters worse, this same re- ministration and to fail to act itself The Senator from Oklahoma [Mr. COBURN] liance on fossil fuels pollutes our at- would be the height of irresponsibility. proposes an amendment numbered 2463. mosphere with toxic compounds such Our energy and climate crisis have Mr. COBURN. I ask unanimous con- as sulfur dioxide, soot, and mercury, the same root cause. The Senate should sent that further reading of the amend- alongside greenhouse gases such as car- address both challenges with the same ment be dispensed with. bon dioxide. The global climate crisis cost-effective solutions—incentives for The PRESIDING OFFICER. Without is real. Strong scientific evidence renewable energy and energy effi- objection, it is so ordered. ciency. That is why efforts to block the shows unless we transition to clean en- The amendment is as follows: ergy sources, our home States will pay Obama administration from acting on a heavy price. climate change are so dangerous. Such (Purpose: To require public disclosure of In New Mexico, scientific evidence efforts continue our reliance on fossil certain reports) indicates more devastating forest fires, fuels that hurt family budgets, threat- At the appropriate place, insert the fol- droughts, and invasive species caused en our national security, and pollute lowing: by climate change. our atmosphere. SEC. lll. (a) Notwithstanding any other Luckily, we have numerous cost-ef- The bottom line is America needs a provision of this Act and except as provided fective solutions at hand to address the ‘‘do it all’’ energy policy, one that in- in subsection (b), any report required to be submitted by a Federal agency or depart- energy and climate crisis. My home cludes all the tools in our energy tool- box—more alternative energies and a ment to the Committee on Appropriations of State of New Mexico and many other either the Senate or the House of Represent- States across the Nation are rich in commitment to conservation; in- atives in this Act shall be posted on the pub- much cleaner domestic sources of en- creased domestic oil production, in- lic website of that agency upon receipt by ergy, sources such as wind and solar, cluding offshore; investments in clean the committee. geothermal and natural gas. Several coal research and technology; and nu- (b) Subsection (a) shall not apply to a re- years ago, wind energy was unusual but clear power has to be part of the mix. port if— today these projects are quite common. Energy and climate change are one of (1) the public posting of the report com- Wind projects create thousands of U.S. the defining challenges of our time— promises national security; or our perfect storm. We have the tools to (2) the report contains proprietary infor- jobs in the steel, manufacturing, and mation. construction sectors. fix the problem. Now we need the will The United States is now installing to act, not to obstruct. AMENDMENT NO. 2523 over a gigawatt of solar power each Mr. President, I yield the floor. Mr. COBURN. I ask unanimous con- year and there are six other gigawatts The PRESIDING OFFICER. The Sen- sent the pending amendment be set of concentrated solar power projects ator from Oklahoma is recognized. aside and amendment No. 2523 be called Mr. COBURN. Mr. President, I want- planned nationally, particularly in the up. ed to make some comments based on Southwest. The clerk will report. the comments the Senator from New U.S. natural gas reserves have also Mexico raised. The assistant legislative clerk read increased by 35 percent in 1 year, an in- He talked about $4,000 a year in as follows: crease that gives our Nation a cen- terms of imported oil into this country The Senator from Oklahoma [Mr. COBURN] tury’s worth of supply. While natural and then he talked about we needed to proposes an amendment numbered 2523. gas is a fossil fuel, it is significantly do offshore exploration, but I note for cleaner than either coal or oil, and Mr. COBURN. I ask unanimous con- the RECORD he voted against an oppor- sent the reading of the amendment be much more abundant. tunity to expand offshore exploration Despite these improvements, we con- dispensed with. yesterday. You can’t have it both ways. The PRESIDING OFFICER. Without tinue to waste tremendous amounts of If we are going to get off oil and hydro- objection, it is so ordered. energy. Government and industry stud- carbons, it is going to take us 25 years. ies have found that the right invest- But when we have an opportunity to The amendment is as follows: ments could save energy and more than decrease that cost of $4,000 per family (Purpose: To secure our borders and protect $1 trillion at the same time. Energy ef- and use American oil, we do not have our environment) ficiency does not mean turning down the same consistency as the rhetoric At the appropriate place, insert the fol- the heater in the winter. Rather, effi- when it comes to the votes. I think the lowing: ciency means investments in building RECORD needs to show that although SEC. ll. PROHIBITION ON USE OF FUNDS TO IM- technologies such as advanced win- the Senator claims that, when he had PEDE OPERATIONAL CONTROL. dows, insulation, and smart electric the opportunity yesterday to vote in a None of the funds made available by this grids that do not waste energy or way to expand domestic offshore explo- Act may be used to impede, prohibit, or re- money. Improving our efficiency on a ration, he voted against that oppor- strict activities of the Secretary of Home- major scale would also save more than tunity. land Security on public lands to achieve 1 billion tons of greenhouse gases, I wish to take this time to bring up operational control (as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. proving we can address the global cli- several amendments and make them mate crisis without increasing costs on 1701 note; Public Law 109–367)) over the inter- pending. I thank the chairman of the national land and maritime borders of the families. committee and staff for working with United States. The U.S. Supreme Court ruled that us. We will try to make this as painless AMENDMENT NO. 2483 the Bush administration was required as possible and do it in as short a pe- by the Clean Air Act to reduce air pol- riod of time as possible, but I have been Mr. COBURN. I ask unanimous con- lution that is causing our climate cri- down here for the last 4 days, every sent the pending amendment be set sis, but the Bush administration failed day, trying to get things done and un- aside and amendment No. 2483 be called to act. Congress should not put the able to get them done. So I am going to up. Obama administration in handcuffs take adequate time to explain these The PRESIDING OFFICER. Without when the President is trying to change amendments and also explain a couple objection, it is so ordered. course and follow the law. To those of amendments I agreed not to offer The clerk will report. who worry that the administration ac- but I think it pertinent the American The assistant legislative clerk read tion could short circuit debate on these people hear about. as follows: issues in Congress, nothing could be AMENDMENT NO. 2463 further from the truth. I agree that The Senator from Oklahoma [Mr. COBURN] First, I ask the pending amendment proposes an amendment numbered 2483. Congress should act and set a com- be set aside and amendment No. 2463 be prehensive clean energy incentive pol- called up. Mr. COBURN. I ask unanimous con- icy. Numerous Cabinet Secretaries The PRESIDING OFFICER. Without sent the reading of the amendment be from the administration have testified objection, it is so ordered. The clerk dispensed with. that they welcome congressional ac- will report. The PRESIDING OFFICER. Without tion to create a path forward on clean The assistant legislative clerk read objection, it is so ordered. energy. For Congress to block the ad- as follows: The amendment is as follows:

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9800 CONGRESSIONAL RECORD — SENATE September 24, 2009 (Purpose: To help preserve America’s na- entity, public property shall be immediately agreement. Therefore, there is no need tional parks and other public land treas- withdrawn from a National Heritage Area.’’. for me to offer a second degree. ures by reducing maintenance backlogs (b) PROHIBITION ON USE OF FUNDS.—None of I ask unanimous consent that the that threaten the health and safety of visi- the funds made available by this Act shall be Coburn amendment No. 2511 be modi- tors) made available for a Heritage Area that does fied with the changes at the desk, and not comply with section 8004(g) of the Omni- At the appropriate place, insert the fol- that the amendment, as modified, be lowing: bus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1240) (as amend- agreed to and the motion to reconsider SEC. ll. MAINTENANCE BACKLOG. ed by subsection (a)). be laid upon the table. Notwithstanding any other provision of The PRESIDING OFFICER. Without AMENDMENT NO. 2511 this Act, any funds provided from the land objection, it is so ordered. and water conservation fund established Mr. COBURN. I ask it be set aside The amendment (No. 2511), as modi- under section 2 of the Land and Water Con- and amendment No. 2511 be called up. fied, was agreed to, as follows: servation Fund Act of 1965 (16 U.S.C. 460l–5) The PRESIDING OFFICER. Is there to an agency under this Act for federal land (Purpose: To prohibit no-bid contracts and objection? grants) acquisition shall be used by the agency for Mrs. FEINSTEIN. Mr. President, if I maintenance, repair, or rehabilitation At the appropriate place, insert the fol- projects for constructed assets. may, if the Senator would be good lowing: enough to mention the subject of the ll AMENDMENT NO. 2482 SEC. . PROHIBITION ON NO-BID CONTRACTS amendment as he reads the number, it AND GRANTS. (a) Notwithstanding any Mr. COBURN. I ask unanimous con- would be appreciated. We could keep it other provision of this Act, none of the sent the pending amendment be set straight that way. funds appropriated or otherwise made aside and amendment No. 2482 be called available by this Act may be— Mr. COBURN. This is the last one. (1) used to make any payment in connec- up. These are all in the agreement the Sen- The PRESIDING OFFICER. Without tion with a contract not awarded using com- ator and I had that I would bring up petitive procedures in accordance with the objection, it is so ordered. and this is the last one. requirements of section 303 of the Federal The clerk will report. Mr. FEINSTEIN. Good. I just want to Property and Administrative Services Act of The assistant legislative clerk read know about which one the Senator is 1949 (41 U.S.C. 253), section 2304 of title 10, as follows: speaking when he is speaking. United States Code, and the Federal Acquisi- The Senator from Oklahoma [Mr. COBURN] Mr. COBURN. I will be happy to do tion Regulation; or proposes an amendment numbered 2482. (2) awarded by grant not subjected to that. No. 2511. merit-based competitive procedures, needs- Mr. COBURN. I ask unanimous con- The PRESIDING OFFICER. The based criteria, or other procedures specifi- sent the reading of the amendment be clerk will report the amendment. cally authorized by law to select the grantee dispensed with. Mr. COBURN. This amendment is as or award recipient. The PRESIDING OFFICER. Without modified without the second degree, (b) This prohibition shall not apply to the objection, it is so ordered. with agreement of the chairman of the awarding of contracts or grants with respect The amendment is as follows: committee, and you should have the to which— (1) no more than one applicant submits a (Purpose: To protect property owners from modified amendment at the desk. bid for a contract or grant; or being included without their knowledge or The assistant legislative clerk read (2) Federal law specifically authorizes a consent in the Federal preservation and as follows: grant or contract to be entered into without promotion activities of any National Herit- The Senator from Oklahoma [Mr. COBURN] regard for these requirements, including for- age Area) proposes an amendment numbered 2511. mula grants for States, or Federally recog- Beginning on page 173, strike line 1 and all The amendment is as follows: nized Indian tribes; or that follows through page 174, line 5, and in- (3) Such contracts or grants are authorized sert the following: (Purpose: To prohibit no-bid contracts and by the Indian Self-Determination and Edu- grants) NORTHERN PLAINS HERITAGE AREA, cation and Assistance Act (P.L. 93–638, 25 AMENDMENT At the appropriate place, insert the fol- U.S.C. 450 et seq., as amended) or by any lowing: other Federal laws that specifically author- SEC. 115. (a) IN GENERAL.—Section 8004 of the Omnibus Public Land Management Act SEC. ll. PROHIBITION ON NO-BID CONTRACTS ize a grant or contract with an Indian tribe of 2009 (Public Law 111–11; 123 Stat. 1240) is AND GRANTS. as defined in section 4(e) of that Act (25 amended— (a) Notwithstanding any other provision of U.S.C. 450b(e)). (1) by redesignating subsections (g) this Act, none of the funds appropriated or The PRESIDING OFFICER. The Sen- through (i) as subsections (h) through (j), re- otherwise made available by this Act may ator from Oklahoma is recognized. spectively; be— Mr. COBURN. Mr. President, I will (2) in subsection (h)(1) (as redesignated by (1) used to make any payment in connec- try to do this, to save some time, in paragraph (1)), in the matter preceding sub- tion with a contract not awarded using com- the shortest amount of time I can. I petitive procedures in accordance with the paragraph (A), by striking ‘‘subsection (i)’’ also thank the chairman of this com- and inserting ‘‘subsection (j)’’; and requirements of section 303 of the Federal Property and Administrative Services Act of mittee for working with me. (3) by inserting after subsection (f) the fol- There are several amendments I did lowing: 1949 (41 U.S.C. 253), section 2304 of title 10, ‘‘(g) REQUIREMENTS FOR INCLUSION AND RE- United States Code, and the Federal Acquisi- not offer. I want to spend a couple of MOVAL OF PROPERTY IN A NATIONAL HERITAGE tion Regulation; or minutes talking about those because I AREA.— (2) awarded by grant not subjected to think the American people need to ‘‘(1) PRIVATE PROPERTY INCLUSION.—No pri- merit-based competitive procedures, needs- hear about them. vately owned property shall be included in a based criteria, and other procedures specifi- Less than a block from this building National Heritage Area unless the owner of cally authorized by law to select the grantee is the Belmont House. It is a founda- the private property provides to the manage- or award recipient. tion. It is a beautiful building. It has $4 (b) This prohibition shall not apply to the ment entity a written request for the inclu- million in the bank, the foundation sion. awarding of contracts or grants with respect to which— does. There is an earmark in this bill ‘‘(2) PROPERTY REMOVAL.— at this time of a $1.8 trillion deficit, of ‘‘(A) PRIVATE PROPERTY.—At the request of (1) no more than one applicant submits a an owner of private property included in a bid for a contract or grant; or a 16-percent increase in this bill. The National Heritage Area pursuant to para- (2) Federal law specifically authorizes a Senator, Senator LANDRIEU from Lou- graph (1), the private property shall be im- grant or contract to be entered into without isiana, is sending $1 million to that mediately withdrawn from the National Her- regard for these requirements, including for- building. They have the money in the itage Area if the owner of the property pro- mula grants for States. bank but we are still going to take $1 vides to the management entity a written AMENDMENT NO. 2511, AS MODIFIED million from our grandkids and send it notice requesting removal. Mr. COBURN. I ask unanimous con- there. I am not offering that amend- ‘‘(B) PUBLIC PROPERTY.— sent this amendment be as modified, ment in conjunction with having the ‘‘(i) INCLUSION.—Only on written notice and I yield to the chairman of the com- from the appropriate State or local govern- pleasure of the chairman consider my ment entity may public property be included mittee. other amendments. But the American in a National Heritage Area. Mrs. FEINSTEIN. Mr. President, people need to know that kind of thing ‘‘(ii) WITHDRAWAL.—On written notice from with respect to amendment No. 2511, is going on. It is absolutely not indi- the appropriate State or local government Senator COBURN and I have come to an cated. Who uses that building? We do,

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If you take the that way, but what is happening is a we are going to send another $1 million Pentagon, it is about $20 billion a year very big and sad story about what is as though it is a peanut and send it to because we do not have competitive happening in our wilderness areas. that building. That is all I will say on bidding. In the Interior it is much Border violence and trafficking is at it, but to me it is one of the reasons smaller. But any penny we can save, in an all-time high. Our public lands why this Congress, and we in particular terms of enhancing the value of the along the border are being exploited by as Members of the Senate, lack the re- American taxpayers’ dollars by saying drug and human smugglers. Wilderness spect of the American people. what we buy is going to be competi- concerns hinder law enforcement ef- The other amendment I am not going tively bid, we ought to do that. We forts. How do we balance properly our to offer that was objected to by the ought to get the best value we can. We concerns for the environment and still chairman of the Resources Committee may not always get great value but at secure our borders and still protect our is for us to know what kind of land we least we are going to have a competi- population from both drug smuggling own. We don’t know, since 2005, how tive bid and we are at least going to and human trafficking? much land we have or where we own it. have everybody in that who is qualified Supposedly the BLM puts out some- to have a shot at some of that business. Wilderness areas also are being de- thing. Supposedly the Geological Sur- So it is a ‘‘two-fer.’’ It is, No. 1, better stroyed by these very smugglers be- vey puts something out. But there is value for the American people but also cause we do not allow the enforcement not a concise list of the land that the opening up all this to everybody who agencies access to be able to make a Federal Government owns—and it is has a opportunity to offer a service difference. We have not acted on it; we somewhere in excess of a third of all when the Federal Government buys it. have not acted on it in this bill. We the land of this country—and it is 650 With that, we have an agreement and have to make sure there is the proper million acres. In this bill is another I appreciate the chairman accepting balance between protecting our wilder- $300 million—almost $400 million—to that amendment. ness areas and protecting our country buy more land. At the same time, the Amendment No. 2463 is an amend- and our citizens. National Park Service has a backlog of ment for the public to see all the re- We have sought to address in the last $11 billion. We do not have one national ports required by this bill if, in fact, couple of years our border security park that does not have significant fac- that will not in any way compromise concerns by appropriating a large in- tors of erosion and dilapidation that is national security. I think we have crease in Federal funds for law enforce- now putting both the employees and worked out an agreement on that ment and for significant legislation to park visitors at risk. Yet we are going amendment to where that is going to construct infrastructure along the to spend $400 million to buy more land, be accepted. It is about transparency. southern border. We ought to make sure the American to require more of their services to In the Secure Fence Act of 2006, Con- people see what we are doing, and if we take care of, rather than to take care gress sought to ensure that the Sec- ask for a report that will not in any of what we have. It does not fit with retary of the Department of Homeland way endanger the security of this coun- common sense. Security was able to take the actions try that comes back to us, there is no There is no way the American people necessary and appropriate to achieve reason the American people should not as a whole would embrace that kind of and maintain the operational control be able to see that and we make it stupidity. Yet that is in this bill. We over the entire international land and available to them so they can make a are going to buy more land, we are maritime borders of the United States. judgment to judge us on what we are going to take more land off the tax doing and whether we are responding The goal of the act was to prevent all rolls, we are going to hurt the States, properly to problems identified in such unlawful entries into the United we are going to limit the ability of reports. States, including entries by terrorists, property owners, and we are going to So I am very thankful for the chair- narcotics, and other contraband, ex- continue—the Park Service, this year, man in terms of accepting this amend- cept it has not had the desired impact, their backlog grew by over $400 mil- ment. I look forward to her comments and in large part, to the unwelcome in- lion. on it. We should do the same thing crease of illegal human and drug traf- We have the Carlsbad Caverns where with this amendment as we did with ficking through public lands, along our we had sewage leaking into the cavern. the last one. southern border. So we have a conflict I won’t spend the time to go through The PRESIDING OFFICER. The Sen- of desires by agencies to do their jobs. the hundreds of examples the Park ator from California. Amendment No. 2523 would prohibit Service has given us, that they cannot Mrs. FEINSTEIN. Mr. President, I any funds from within the Interior ap- maintain the parks because we will not would be happy to do the same thing. If propriations bill to be used to prohibit send them the money to do it. We I may, Senator COBURN’s amendment or restrict the activities of Homeland would rather spend it on an earmark or No. 2463, he and I have come to an Security on public lands to secure our buy more land. The priorities here are agreement. borders. The effect of this amendment amazing. I ask unanimous consent that the Let me talk about amendment No. would be to ensure that DHS is able to Coburn amendment be agreed to and further secure our borders from terror- 2511. I will spend a short period on it. the motion to reconsider be laid upon That is the competitive bidding amend- ists and other national security threats the table. and protect the environment of these ment. We have carefully crafted that The PRESIDING OFFICER. Without lands. with the concerns of both staff and the objection, it is so ordered. chairman and ranking member of this The amendment (No. 2463) was agreed I know there is some concern on the committee. What it says is we are to. other side with the language, the way going to use competitive bidding, much The PRESIDING OFFICER (Mrs. we have written it. I am more than like the President campaigned, when MCCASKILL.) The Senator from Okla- willing to work with the chairman of we go to buy things that are approved homa is recognized. both the Resources Committee, Inte- in this bill. We very carefully exempted AMENDMENT NO. 2523 rior Committee, and the Appropria- the sections of the Native Americans Mr. COBURN. Madam President, I tions Committee to try to put that in where their sovereignty reigns, where switch now to amendment No. 2523, a way that properly balances it. I know we would not step on their sov- which is a prohibition on funds being this is a tough amendment. I do not ereignty—although I am not sure we spent in this act that would actually deny that. should not require them to competi- limit the effectiveness of the Homeland But when you hear the testimony— tively bid, but we agreed not to do Security Department in terms of secur- and I am going to ask that this be that. ing our borders and protecting us. printed in the RECORD. This is former

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9802 CONGRESSIONAL RECORD — SENATE September 24, 2009 Border Patrol officers and field super- not worked out a sensible agreement In 2006, the U.S. Senate overwhelmingly visory Border Patrol agents who testi- themselves, which we ought to have passed the Secure Fence Act of 2006 by a vote fied in Congress last April about what significant oversight hearings on the of 80 to 19 to construct 700 miles of border fact that we are having to do some- fence between the U.S. and Mexico—even is going on in our wilderness areas. then-Senator, President Barack Obama, Do you realize that these people, be- thing that they should be taking care voted in favor of the fence. Despite the en- cause we do not have law enforcement of. actment of this law and billions of taxpayer in there, they are setting fires in our The claim is that if this amendment dollars for law enforcement efforts, our bor- wilderness areas to distract us to the passes it will devastate the environ- der remains vulnerable and the increase in fire so they can smuggle contraband ment and give the Department of violence in Mexico has begun to spill over and humans while we are addressing Homeland Security the mandate to into the United States. Even worse, our na- the fire? show no regard for the environment. tional parks and other federal public lands Our wilderness areas are being defiled Nothing can be further from the truth. are being easily targeted by and used as sanctuaries for illegal drug smugglers be- near McAllen, TX. It relates: When a The interpretation of congressional in- cause environmental concerns limit the wilderness area or refuge is established tent that we currently have has led to range of U.S. Border Patrol agents and also near the border, the criminal element the destruction of much of our wilder- complicate efforts to build the barrier or- moves in and trashes it because the re- ness area because human and drug dered by Congress. strictive wilderness or refuge status ac- smugglers have been able to use these Not only do these restrictions on enforce- corded to these lands effectively pre- lands as major thoroughfares without ment endanger our border guards, but the in- creased illegal activity as a result of reduced vents all law enforcement from effec- fear of law enforcement. Additionally, the Department of law enforcement has led to adverse environ- tively working the area. mental impacts on these lands, including This is Border Patrol: Homeland Security will still be obli- contamination of pristine areas with bio-haz- In other words, refuge or wilderness des- gated to conduct its law enforcement ardous waste and communicable diseases, ignation actually serves to put the environ- activities in a manner that seeks to contamination of water supplies for animals ment at a greater risk of being seriously minimize or mitigate any negative en- and local ranchers, and an increase in damaged and defaced. Law enforcement must vironmental impact. Do you realize in wildfires. have common, unrestricted, free access to all Arizona they are cutting down 150- We need the Coburn amendment because it lands near the U.S. border. year-old cactuses to block the road to is a common-sense step in our fight against He goes on to clarify that it needs to the illegal drug and human trade, to secure inhibit anybody following them? And our border, and to restore our wilderness be at least 50 miles. The other thing the fact that we do not have significant areas that border Mexico. I urge you to vote that was especially telling and which is law enforcement, i.e., Border Patrol in favor of the Coburn amendment when it horrific is the comments about what is there, these majestic, 100-year-old cac- comes up for a floor vote today. Eagle Forum going on along Interstate 8 and Inter- tuses, which are protected, are inten- will score this vote, which will appear in our state 10 in Arizona: numerous reported tionally being destroyed to protect the scoreboard, published annually, for the 1st ‘‘rape trees’’ have been identified in smugglers. session of the 111th Congress. and near the current Pajarita Wilder- In the past, when the Secretary of Sincerely, ness near the U.S.-Mexican border. Homeland Security waived 30 environ- SUZANNE BIBBY, Legislative Director, Eagle Forum. Rape trees mark the location where drug mental and other laws and regulations and alien smugglers habitually sexually as- associated with the construction of NATIONAL BORDER PATROL COUNCIL sault and rape illegal alien females that are tactical infrastructure along the south- OF THE AMERICAN FEDERATION OF being brought into the United States across west border in compliance with the GOVERNMENT EMPLOYEES, AFFILI- the Mexican border. These locations are Federal law, he still required the De- ATED WITH AFL–CIO, marked by the perpetrators who prominently partment to practice responsible stew- September 24, 2009. display and hang— ardship of natural and cultural re- Hon. TOM COBURN, I will not use the words that he does. sources. U.S. Senate, the underwear of their victims on a par- The U.S. Customs and Border Patrol Washington, DC. ticular tree. I visited one such reported tree DEAR SENATOR COBURN: The United States is also committed to do that. I will Border Patrol is charged with the formidable on March 27, 2008, and noticed 30 sets of un- stop with this: I do want to have print- derwear. These rape-tree trails begin at the task of securing our Nation’s borders, and ed in the RECORD a letter from the Na- Mexican border and travel all of the way confronts numerous obstacles that hinder through the Pajarita Wilderness. tional Border Patrol Council, which is the accomplishment of that goal, including the AFL–CIO representative of our Bor- rugged terrain, extreme climatic conditions, In southern Arizona we are experi- der Patrol agents who fully endorse an overwhelming number of people crossing encing increased incidents of wildfires this amendment because they are the the border illegally, and violence perpetrated from two primary sources. The first by smugglers and other criminals. Bureau- people actually on the ground seeing source is illegal aliens who cross into cratic regulations that prevent Border Pa- the problem, and we are not allowing the United States illegally and start trol agents from utilizing vehicles and tech- them to do their job. fires through carelessness. The second nology on public lands should be the least of There being no objection, the mate- their concerns, but unfortunately are not. is from illegal aliens engaged in other rial was ordered to be printed in the Your amendment to the Fiscal Year 2010 criminal enterprises who start RECORD, as follows: appropriations bill for Interior, Environment wildfires intentionally to create a di- and Related Agencies that would preclude EAGLE FORUM, the use any of those funds to impede, pro- version so they can smuggle things September 23, 2009. hibit, or restrict any activities of the De- into or out of the United States. U.S. Senate, You cannot deny the fact that we are partment of Homeland Security on public Washington, DC. lands that are undertaken to achieve oper- having a conflict between the Depart- DEAR SENATOR: On behalf of the many ational control of our borders is therefore thousands of American families we rep- ment of Interior and the Department of greatly appreciated by the dedicated men resent, I urge you to support Senator Tom Homeland Security in terms of law en- and women of the U.S. Border Patrol. Coburn’s (R–OK) Secure Our Borders and forcement along our border. The trag- Sincerely, Protect the Environment amendment (#2523) edy is that the very intent of the De- T.J. BONNER, to the Interior Appropriations bill, H.R. 2996, President. partment of Interior to protect the en- currently being debated on the Senate floor. vironment is actually being made The Coburn amendment would simply pre- The PRESIDING OFFICER. The Sen- worse by their policy of not allowing vent any funds in this bill from going to any ator from California. law enforcement efforts, i.e., the Bor- Department of the Interior efforts or activi- Mrs. FEINSTEIN. Madam President, der Patrol, into those areas. ties to impede or stall the Department of if I may say through the Chair to the So this amendment is intended to do Homeland Security’s progress of the border distinguished Senator from Oklahoma, a couple of things. Let me talk about fence or to prevent the enforcement of U.S. the manager of the amendment and I what the claims against this amend- law on public lands near the border. Yester- are prepared to take the amendment. day, the House passed a motion to recommit ment are first, and that I am more to the Santa Cruz Valley National Heritage Moreover, we are prepared to convene a than willing to try to work out a sen- Area Act (H.R. 324) by a vote of 259 to 167 meeting between the two Department sible agreement. What is driving me that included this same amendment lan- heads, have you present, and sit down nuts is those two Departments have guage. and see what we can work out.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9803 Mr. COBURN. Well, that is perfectly ready has? It owns a third of the land. er than repair Carlsbad Caverns. That acceptable to me. I want the problem How much land is enough for the Fed- is the choice. The chairman made my solved. I think security is just as im- eral Government to own? How much is argument for me. We are not going to portant as protecting our environment. enough, especially when most of the do the sensible thing. We are not going to allow one to trump land we own we are not taking care of. Many of these things will come back. the other. We are letting it fall down. The ques- They are not gone forever. What we are Mrs. FEINSTEIN. We will accept the tion has to be: What are the priorities? saying is, because we don’t have any amendment on both sides with the The committee says the priority is to limitation on what we spend or how we stricture I just added to it on the pend- buy more land. This amendment says spend it, we therefore have no limita- ing amendment. the priority is to repair and take care tion in worrying about whether things The PRESIDING OFFICER. Without of the land we have. It specifically di- fall down. The fact is, now an $11 bil- objection, it is so ordered. rects this money to the National Park lion backlog, which grew $400 million The amendment (No. 2523) was agreed Service to help with a backlog of fall- last year alone in the Forest Service, to. ing down structures and the increased documented by the Forest Service— Mrs. FEINSTEIN. Thank you, risk of safety for both park employees those are not my numbers—we are Madam President. and visitors. going to say these are more important AMENDMENT NO. 2483 I obviously don’t have all the infor- now than putting back in proper order Mr. COBURN. I would next like to mation the committee has, but as the things that relate to safety or security talk about amendment No. 2483. This is Senator from New Mexico knows, I in the national parks. I will end with the amendment that moves the Federal have been looking at land acquisition the fact that if we don’t do this, what Land Acquisition Fund to backlog. and land bills for the last few years. I we have done is earned the reputation There is no question my colleagues in have not been successful in slowing we are garnering, that we refuse to this body know of my concern about an them down, but I think the American make tough choices. Life is about ever-expanding, ever-enlarging Federal people need to know about this. They tough choices. Maybe we don’t get to role in terms of land ownership. In need to recognize that our priorities add to one of these parks right now. fact, I have had a lot of conflicts with are screwed up and that, in fact, we But how about taking care of what we the chairmen, whether it was a Repub- ought to be about taking care of what have? Why not make that a priority? lican chairman or a Democratic chair- we have before we add to it. It is kind of like when your front man, in terms of expanding the amount I yield the floor. porch is falling down and that is the of property the Federal Government Mrs. FEINSTEIN. Madam President, only entrance to your house, you start owns. regretfully, I have to oppose this building a garage rather than fix your It is not just about expanding. When amendment. The fact is, we would lose front porch or you buy an extra five we expand it costs more money. It opportunities to conserve valuable acres so you can have a big garden. We costs our kids more money. But in this lands because within national parks wouldn’t do that. The American people bill, we have almost $400 million that is there are inholdings, and inholdings, wouldn’t do that. We need to respond going to be put in to buy more land when they become available—these are with some commonsense solutions. In- where we cannot take care of the land private properties that people own—the stead, we are adding to the cost as the that we have today. Federal Government buys them and backlog grows. What we know is the following: Fed- adds to the public land. Let me name a I am uncomfortable with the fact that that is how we think here. I know eral land management agencies across few: In Georgia, I am told the Chat- the American people are uncomfortable all these different branches of govern- tahoochee National Recreation Area with that fact. I am disappointed we ment, as well as within this bill, are re- would be involved; in many States, will not have the support of the com- sponsible for a large and aging number Civil War battlefield sites; in Ohio, the of structures. As we have continued, mittee. I look forward to the vote. Cuyahoga Valley National Park; in the The next amendment I will call up is through the Federal Government, to State of Washington, Mount Rainier, pending, but I will discuss amendment consume more private land nationwide, Olympic, and San Juan National No. 2482. Federal agencies have increasingly Parks; in Texas, Big Thicket National Mrs. FEINSTEIN. Will the Senator been unable to maintain the existing Preserve; in Indiana, the Hoosier Na- yield? I know he is a gentleman. land holdings. tional Forest; in Utah, Dixie National Mr. COBURN. I am happy to. All one has to do is talk to any park Forest; in South Dakota, the Black Mrs. FEINSTEIN. Madam President, ranger. Go up to the Statue of Liberty, Hills National Forest. when we did the stimulus, we put in they have an $800 million backlog. Go The point I wish to make is, on occa- the maximum amount that the depart- to the Washington Mall, well over $1 sion, there are families who have large ments could use for maintenance and billion in maintaining some of our land holdings, and these are valuable, rehabilitation. I have the breakdown. most significant structures. If you go pristine land holdings. Their first pref- It is hard to add it all up quickly, but to the Grand Canyon National Park, erence might be to have the Federal I can give some idea. Bureau of Land people are continually being limited Government buy these lands to hold Management deferred maintenance, $35 because we can’t maintain the trails them for the future and to conserve the million; recreation maintenance, 25; and because we don’t put the money in lands. If the Federal Government can’t trail maintenance, 20; abandoned mine to do it. The National Park Service, do that, the lands go on the market, site remediation, $30 million; habitat which receives most of the money to generally, for the highest and best use. restoration, 25. It goes on. I recall as buy more land in this bill, faces an $11 With some of our prized and treasured we did this, what we were told by our billion backlog. possessions, that is not the way to go. staffs is that was the maximum When I first started talking about I will oppose this amendment. I am amount these departments could ab- the issue, the backlog was $6 billion. In sure it will be in line for a vote. sorb in the length of time covered by 4 years, we have seen the backlog with The PRESIDING OFFICER. The Sen- the stimulus. I will leave my col- the National Park Service almost dou- ator from Oklahoma. leagues with that. ble. Although I am thankful for the in- Mr. COBURN. The chairman makes Mr. COBURN. I would be happy to crease in maintenance funds this bill my point for me. Yes, we might miss have a UC on this amendment that does add to the national parks, it does an opportunity. But we don’t have the would exclude the inholdings, if that not come sufficiently close. courage to put the priorities right. We would satisfy the chairman. What is the priority? Is the priority are going to miss an opportunity while In fact, the inholdings are a very for the Federal Government to con- structures fall down at Yellowstone. small amount of the $400 million. A sume more land, restrict more access, That is what the choice is. We are very small amount of the money for limit the freedom of people around that going to take large, valuable land seg- land acquisitions is inholdings. I would land and on that land, or is it to let ments that are now paying property be happy to accept a second degree Americans own the land and take care taxes and, because they are up for sale, that would exclude the inholdings from of the land the Federal Government al- we are going to spend that money rath- this.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9804 CONGRESSIONAL RECORD — SENATE September 24, 2009 Mrs. FEINSTEIN. I appreciate that, serve, provide public access to and research Mrs. FEINSTEIN. Madam President, but I cannot accept that. We believe on, develop curriculum and courses based on, I ask unanimous consent that reading the Land and Water Conservation Fund provide public access to, and conduct schol- of the amendment be dispensed with. arly forums on the important works and pa- is working as it is supposed to. If any- pers of Dr. Martin Luther King, Jr. to pro- The PRESIDING OFFICER. Without thing, it has been underfunded. This vide a better understanding of the message objection, it is so ordered. bill proposes to appropriate $420 mil- and teachings of Dr. Martin Luther King, The amendment is as follows: lion of the $900 million that is author- Jr.;’’. (Purpose: To modify the definition of the ized. That is less than 50 percent. The Mrs. FEINSTEIN. Madam President, term ‘‘Beaver Dam Wash National Con- Land and Water Conservation Fund, we this modification, which has been servation Area Map’’) believe, is extraordinarily important. agreed to on both sides, allows the Sec- On page 240, between lines 13 and 14, insert We would try to get it higher if we retary of the Interior to make $200,000 the following: could, but we cannot. available for preservation of the Mar- SEC. 4ll. Section 1971(1) of the Omnibus Mr. COBURN. I thank the chairman tin Luther King papers. It is an amend- Public Land Management Act of 2009 (16 for her comments on that. I am sure it ment offered by Senator ISAKSON. I U.S.C. 460www note; Public Law 111–11) is is important. It is important to pre- fully support the amendment. amended by striking ‘‘December 18, 2008’’ and serve what we have. You can’t go to Madam President, I ask unanimous inserting ‘‘September 20, 2009’’. one national park and talk to the park consent that the amendment as further Mrs. FEINSTEIN. Madam President, rangers and talk to the person in modified, be agreed to. I ask unanimous consent that the charge without hearing them talk The PRESIDING OFFICER. Without amendment be agreed to. about the declining status of their indi- objection, it is so ordered. The PRESIDING OFFICER. Without vidual parks. We have to start making The amendment (No. 2504), as further objection, it is so ordered. some choices. We are going to refuse to modified, was agreed to. The amendment (No. 2527) was agreed do that. So next year, instead of it Mrs. FEINSTEIN. Madam President, to. being $11 billion, it is going to be $11.6 I suggest the absence of a quorum. Mrs. FEINSTEIN. Madam President, The PRESIDING OFFICER. The billion, and then it is going to grow. I yield the floor and suggest the ab- What is happening right now is, we are clerk will call the roll. The assistant bill clerk proceeded to sence of a quorum. shutting off parts of our parks. We are The PRESIDING OFFICER. The saying, since it is dangerous or it is in call the roll. Mrs. FEINSTEIN. Madam President, clerk will call the roll. disrepair, we cannot let people experi- I ask unanimous consent that the order The legislative clerk proceeded to ence it. for the quorum call be rescinded. call the roll. I will put in the RECORD hundreds of The PRESIDING OFFICER. Without Mr. LAUTENBERG. Madam Presi- examples where that is happening right objection, it is so ordered. dent, I ask unanimous consent that the now. We have researched and the parks AMENDMENT NO. 2535 order for the quorum call be rescinded. have told us where they are limiting Mrs. FEINSTEIN. Madam President, The PRESIDING OFFICER. Without access because of the lack of mainte- I ask unanimous consent to call up objection, it is so ordered. nance funds and funds for repair of re- amendment No. 2535. Mr. LAUTENBERG. Madam Presi- quired things in the parks. The PRESIDING OFFICER. Without dent, I come to the floor because we With that, I suggest the absence of a objection, it is so ordered. The clerk were looking at an amendment earlier quorum. will report. today that would have stopped the The PRESIDING OFFICER. The The assistant bill clerk read as fol- EPA from exercising its obligation to clerk will call the roll. lows: combat global warming pollution. The legislative clerk proceeded to The Senator from California [Mrs. FEIN- There are those here who would choose call the roll. STEIN], for Mr. BARRASSO, proposes an to defer taking action to deal with this Mrs. FEINSTEIN. Madam President, amendment numbered 2535. enormous threat where future genera- I ask unanimous consent that the order The amendment is as follows: tions’ lives and well-being would be at for the quorum call be rescinded. (Purpose: To provide for the use of certain risk. But the time for delay is a luxury The PRESIDING OFFICER. Without funds for an Indian estate planning assist- objection, it is so ordered. we don’t have. We can’t afford to wait ance program) any longer and we cannot afford to AMENDMENT NO. 2504, AS MODIFIED In the matter under the heading ‘‘FEDERAL limit our options. TRUST PROGRAMS (INCLUDING TRANSFER OF Mrs. FEINSTEIN. Madam President, Every day the science makes it more I ask unanimous consent that the FUNDS)’’ under the heading ‘‘OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS’’ clear we are on a dangerous course. In pending amendment be set aside and fact, the scientific community has re- amendment No. 2504, as modified, be under the heading ‘‘DEPARTMENT OF THE IN- TERIOR’’ of title I, insert ‘‘, and of which cently had to revise its own estimates called up. $1,500,000 shall be available for the estate because rising temperatures are desta- The PRESIDING OFFICER. Without planning assistance program under section bilizing our planet far faster than objection, it is so ordered. The amend- 207(f) of the Indian Land Consolidation Act originally expected. For instance, 2 ment, as modified, is pending. (25 U.S.C. 2206(f))’’ after ‘‘historical account- years ago, scientists warned us that ing’’. AMENDMENT NO. 2504, AS FURTHER MODIFIED summers in the Arctic would be com- Mrs. FEINSTEIN. Madam President, Mrs. FEINSTEIN. Madam President, pletely ice free by 2050. Now they are there is a further modification at the this amendment has been accepted by saying summers in the Arctic will be desk, and I ask unanimous consent both sides. I ask unanimous consent completely ice free in 3 years. Two that the amendment be further modi- that the amendment be agreed to. years ago they said sea levels would The PRESIDING OFFICER. Without fied. rise less than 2 feet by the end of this objection, it is so ordered. The PRESIDING OFFICER. Without century and now it is being said sea objection, the amendment is further The amendment (No. 2535) was agreed to. levels will rise by 6 feet. The risks of modified. inaction are too great. AMENDMENT NO. 2527 The amendment, as further modified, We have to look also at the national is as follows: Mrs. FEINSTEIN. Madam President, I ask unanimous consent to call up security risks we face by continuing to (Purpose: To encourage the participation of do nothing about climate change. Ac- the National Park Service in activities amendment No. 2527. The PRESIDING OFFICER. Without cording to the CIA’s National Intel- preserving the papers and teachings of Dr. ligence Council, if we fail to act, nearly Martin Luther King, Jr., under the Civil objection, it is so ordered. The clerk Rights History Project Act of 2009) will report. 1 billion people may face water and food shortages in the next 15 years. On page 135, line 2, before the period, insert The assistant bill clerk read as fol- the following: ‘‘of which $200,000 may be lows: These shortages will set the stage for made available by the Secretary of the Inte- The Senator from California [Mrs. FEIN- conflict and breed conditions for ter- rior to develop, in conjunction with More- STEIN], for Mr. BENNETT, proposes an amend- rorism. At the same time, with 20 per- house College, a program to catalogue, pre- ment numbered 2527. cent of the world’s population living in

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9805 coastal zones, rising sea levels and ducing trillions in benefits for our Senator from New Mexico for their stronger hurricanes could displace economy and our country under the work on this amendment. The Senator more than 150 million people by 2050. Clean Air Act, we are hearing the same from Oklahoma stated it exactly right, When it is expressed in percentages kinds of warnings. It makes no sense. and that is our intention. I wish to such as that and talking about num- There is no doubt our opponents pre- thank the Senators involved. bers that are almost beyond the imagi- fer to endorse inaction and will reward The PRESIDING OFFICER. The Sen- nation, it sometimes loses its impact. failure. That is why I urge my col- ator from North Dakota. But what we are talking about are peo- leagues to stand up to the special in- Mr. DORGAN. Madam President, I ple seeking higher-level places to take terests and stand for the public inter- am in support of the amendment of- themselves and their families so they est. It is time to say from our hearts fered by the Senator from Oklahoma. I are not overwhelmed by floods. that we are willing to stand firm also offered an amendment which I un- Border pressures created by these against those who claim the overstated derstand will be accepted. It allows for mass migrations will increase tensions cost of change outweighs the risk of something called an ‘‘opt in’’ for pri- and lay the groundwork for armed con- disappearing species, poor health, and vate property. It means that for the flict. The U.S. Navy has looked at this international unrest. Northern Plains Heritage Area, private problem in the past and issued a report With that, I yield the floor and note property would be involved only if that in the last half of the 21st century the absence of a quorum. someone wishes to be included. My un- we could be looking at a different The PRESIDING OFFICER. The derstanding is, after having worked structure for naval engagements with clerk will call the roll. with the Senators from Tennessee and smaller boats, higher speeds, and so The assistant bill clerk proceeded to Oklahoma, and the Senator from Cali- forth to keep people from flooding our call the roll. fornia, who is managing this bill, my shores because they are trying to get Mr. COBURN. I ask unanimous con- amendment will also be accepted by away from higher water. Nations will sent that the order for the quorum call unanimous consent. look to us, to the United States, as a be rescinded. My amendment is amendment No. first responder in the aftermath of The PRESIDING OFFICER. Without 2441 which has previously been filed. these major natural emergencies and objection, it is so ordered. The PRESIDING OFFICER. The Sen- humanitarian disasters. Mr. COBURN. Madam President, I ator from California. Retired GEN Anthony Zinni put it wish to put my colleagues on notice Mrs. FEINSTEIN. Madam President, this way, that if we don’t begin reduc- that we are trying to work out an in the interest of moving things ing carbon emissions now, we will ‘‘pay amendment so it can be acceptable to along—Members are impatient. We the price later in military terms and all parties concerned. It has to do with have been on this bill for a long time. that will involve human lives.’’ the heritage areas. If, in fact, you are We wish to conclude. It is my under- Delay is not a substitute for con- a landowner in this country or you are standing both sides are agreeable to fronting this growing problem. It is no a farmer or you are a rancher or you take the Dorgan amendment No. 2441, surprise that many of those who want happen to have 20 acres in the country, so I ask for unanimous consent. to shelve the Clean Air Act and stop you ought to be very worried about the Mr. ALEXANDER. Madam President, EPA from doing its duty are the same implications and the consequences of the Senator from Oklahoma has asked ones who close their eyes to the over- those who come in and change the zon- to be present when we do that, so I whelming scientific evidence that says, ing laws on heritage areas. wonder if it might not be possible to Wake up, hear the alarm. They have Most people in this country have no take up other amendments at this dismissed the ominous forecasts of life idea they are in a heritage area. They time. changes for plants, animals, and hu- have no knowledge that they are in a The PRESIDING OFFICER. The Sen- mans. They called global warming ‘‘the heritage area. As a matter of fact, the ator from California. greatest hoax ever perpetrated on the whole State of Tennessee is a heritage Mrs. FEINSTEIN. Mr. President, I American people.’’ A hoax is a joke. area. So what we are attempting to do withdraw my prior request and I ask That is a bad joke. is to create a mechanism where any- unanimous consent that at 5 o’clock Let’s not forget, the EPA’s power to body in the country who is in a herit- tonight, the Senate proceed to vote in curb greenhouse gas emissions under age area who doesn’t want to be in it relation to the following amendments the Clean Air Act was recently af- can be out of it with their property. and motion to recommit remaining in firmed by the Supreme Court. The We also want to respectfully protect order to H.R. 2996, the Interior Appro- Clean Air Act has been one of the great some efforts in North Dakota on one priations Act, and in the following success stories of our lifetime and it is specifically where they would have to order: one of the few tools we have to over- opt in. So we are working on an agree- The Vitter amendment, No. 2549; the come climate change. For the last 40 ment. We will come back and talk Ensign motion to recommit; the years, this law has led to cleaner skies about this when this is finished. Hope- Coburn amendment No. 2482; the and healthier children. If it weren’t for fully, this is the start of restoring Coburn amendment No. 2483; and the the Clean Air Act, 225,000 Americans property rights to Americans that have Reid amendment No. 2531; that the re- would have died prematurely, accord- been trampled, in my opinion, by those maining provisions of the previous ing to an EPA study. Imagine, we who are empowered through the herit- order are still in effect. would have lost 225,000 people if it age area name. The PRESIDING OFFICER (Mr. weren’t for the Clean Air Act. My hope is we are going to make WHITEHOUSE). Is there objection? While the gains have been enormous, good progress on this with this bill. It Without objection, it is so ordered. the cost to polluters has been minimal. is important. If you are a farmer or a Mr. FEINGOLD. Mr. President, the In fact, the total benefits to our econ- rancher, if you are a farm bureau mem- exercise of governmental authority by omy have been identified as high as $49 ber, if you are a cattleman or if you are White House advisers, sometimes trillion, putting the benefit at 100 a dairy farmer, it is time to make sure called ‘‘czars,’’ is a serious issue that times greater than the cost for action. this stays—whatever agreement we deserves serious consideration by the Even so, history shows that opponents come to—in this bill as it goes to con- Senate. Our ability to conduct mean- often dramatically overstate the costs ference. Because real property rights ingful oversight of those who hold the of environmental improvement. The are at risk. They have been at risk. levers of power and to evaluate wheth- last time we strengthened the Clean They have been trampled on. This is a er they have the qualifications and Air Act, our adversaries rang the alarm great solution in terms of solving it. character to carry out their duties may that these changes would cost too The PRESIDING OFFICER. The Sen- be undermined by the centralization of much and damage the economy. But as ator from Tennessee. power in the White House. That is why it turned out, the actual costs were Mr. ALEXANDER. Madam President, I wrote to the President recently and less than one-fifth of what these oppo- I wish to thank the Senator from Okla- plan to chair a hearing in the Constitu- nents estimated. Today, even though homa, the Senator from California, the tion Subcommittee on this topic in the EPA has a proven track record of pro- Senator from North Dakota, and the very near future. We need to know

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9806 CONGRESSIONAL RECORD — SENATE September 24, 2009 more about the role of these advisers The legislative clerk read as follows: [Rollcall Vote No. 296 Leg.] and what powers they have. There is a The Senator from Nevada [Mr. ENSIGN] YEAS—64 core issue here that concerns me. At moves to recommit H.R. 2996 to the Com- Akaka Feinstein Nelson (NE) this point, however, it is premature to mittee on Appropriations with instructions Alexander Franken Nelson (FL) pass legislation on this topic before to report the same back to the Senate with Baucus Gillibrand Pryor changes that reduce the aggregate level of Begich Hagan Reed fully understanding the constitutional Bennet Harkin discretionary appropriations in the Act for Reid and policy ramifications. I am also un- Bennett Inouye Rockefeller comfortable with singling out a single fiscal year 2010 by $4,270,000,000 from the Bingaman Johnson level currently in the Act. Sanders policy adviser, the Assistant to the Bond Kaufman Schumer Boxer Kerry Shaheen President for Energy and Climate The PRESIDING OFFICER. There is Brown Klobuchar Shelby Change, particularly since I am not 2 minutes equally divided. Burris Kohl Specter aware of any evidence that she is act- Mr. ENSIGN. Mr. President, this is a Cantwell Landrieu Cardin Lautenberg Stabenow ing inappropriately. Therefore, I will very simple motion. It just says that at Carper Leahy Tester vote against the Vitter amendment. this time of runaway deficits, of out-of- Casey Levin Udall (CO) Mrs. FEINSTEIN. Mr. President, I control Federal spending, we are going Cochran Lieberman Udall (NM) yield back the time remaining on the Collins Lincoln Voinovich to try to do a little something. We are Conrad Menendez Warner Vitter amendment No. 2549, and I move just going to take this appropriations Dodd Merkley Webb to table it. I ask for the yeas and nays. bill and say with regard to last year’s Dorgan Mikulski Whitehouse The PRESIDING OFFICER. Is there a level, which was increased fairly sub- Durbin Murkowski Wyden Feingold Murray sufficient second? stantially, we are going to freeze it to There is a sufficient second. last year’s level. NAYS—34 The question is on agreeing to the As State budgets, local budgets, and Barrasso Enzi McCain motion. The clerk will call the roll. family budgets are all being cut, Bayh Graham McCaskill The legislative clerk called the roll. ‘ Brownback Grassley McConnell Mr. DURBIN. I announce that the trimmed, and tightened around the Bunning Gregg Risch country, Washington says: You know Burr Hatch Senator from West Virginia (Mr. BYRD) Roberts what, we are going to print money. We Chambliss Hutchison Sessions is necessarily absent. Coburn Inhofe are just going to borrow from our chil- Snowe The PRESIDING OFFICER. Are there Corker Isakson Thune dren and grandchildren and continue to Cornyn Johanns any other Senators in the Chamber de- Vitter Crapo Kyl print money and print money and push Wicker siring to vote? DeMint LeMieux The result was announced—yeas 57, it off onto the next generation. Ensign Lugar nays 41, as follows: It is time for this body to show some NOT VOTING—1 [Rollcall Vote No. 295 Leg.] fiscal restraint. So let’s cut $4 billion Byrd YEAS—57 out of this spending bill and bring it Akaka Franken Murray back to last year’s level. Let the Ap- The motion to table the motion to Baucus Gillibrand Nelson (FL) propriations Committee determine recommit was agreed to. Bayh Hagan Pryor where that spending is, but let’s actu- Mrs. FEINSTEIN. Mr. President, I Begich Harkin Reed ally show some fiscal responsibility. Bennet Inouye Reid move to reconsider the vote. Bingaman Johnson Rockefeller The PRESIDING OFFICER. The Sen- Mr. SPECTER. I move to lay that Boxer Kaufman Sanders ator’s time has expired. motion on the table. Brown Kerry Schumer Burris Klobuchar Shaheen Who yields time? The motion to lay on the table was Cantwell Kohl Snowe The Senator from California. agreed to. Cardin Landrieu Specter The PRESIDING OFFICER. The Sen- Carper Lautenberg Stabenow Mrs. FEINSTEIN. Mr. President, I Casey Leahy Tester urge a ‘‘no’’ vote. I am going to move ator from Oklahoma is recognized. Conrad Levin Udall (CO) to table at the appropriate time. If we AMENDMENT NO. 2482, AS MODIFIED Dodd Lieberman Udall (NM) Dorgan Lincoln Warner adopt the Ensign motion, we cut Park Mr. COBURN. Mr. President, I think Durbin Menendez Webb Service dollars, Indian health dollars, we can dispense with two fairly quick- Feingold Merkley Whitehouse particularly water infrastructure. Mr. ly, one with a vote and one without. Feinstein Mikulski Wyden President, $2.5 billion in this bill is for We have worked out an agreement on NAYS—41 sewer grants; $1.8 billion is for fire sup- amendment No. 2482. I believe the Alexander DeMint McCain pression. It is the first time we have modification is at the desk. We have an Barrasso Ensign McCaskill met the fire suppression need fully so agreement between the chairman and Bennett Enzi McConnell that they do not have to take from ranking member of the committee and Bond Graham Murkowski Brownback Grassley Nelson (NE) other accounts to fight fires. the Senator from New Mexico, who is Bunning Gregg Risch I move to table the motion to recom- chair of the appropriate authorizing Burr Hatch Roberts mit. committee, which allows private prop- Chambliss Hutchison Sessions Coburn Inhofe erty owners to opt out of heritage Shelby Mr. ENSIGN. I ask for the yeas and Cochran Isakson areas. I ask for its consideration now, Thune nays. Collins Johanns Vitter rather than spending more time on it, Corker Kyl The PRESIDING OFFICER. Is there a Voinovich and ask unanimous consent it be ac- Cornyn LeMieux sufficient second? Wicker cepted. Crapo Lugar There appears to be a sufficient sec- Mrs. FEINSTEIN. The Senator is cor- NOT VOTING—1 ond. rect. We are prepared to accept the Byrd The question is on agreeing to the amendment. The motion was agreed to. motion to table the motion to recom- The PRESIDING OFFICER. If there Mrs. FEINSTEIN. Mr. President, I mit. is no objection, the amendment will be move to reconsider the vote. The clerk will call the roll. modified and agreed to as modified. Mr. ALEXANDER. I move to lay that The assistant legislative clerk called The amendment (No. 2482), as modi- motion on the table. the roll. The motion to lay on the table was fied, was agreed to, as follows: agreed to. Mr. DURBIN. I announce that the At the appropriate place insert the fol- The PRESIDING OFFICER. The Sen- Senator from West Virginia (Mr. BYRD) lowing: ator from Nevada. is necessarily absent. Any owner of private property within an existing or new National Heritage Area may MOTION TO RECOMMIT The PRESIDING OFFICER. Are there any other Senators in the Chamber de- opt out of participating in any plan, project, Mr. ENSIGN. Mr. President, I have a program, or activity conducted within the motion at the desk. siring to vote? National Heritage Area if the property owner The PRESIDING OFFICER. The The result was announced—yeas 64, provides written notice to the local coordi- clerk will report. nays 34, as follows: nating entity.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9807 AMENDMENT NO. 2441 We have an $11 billion backlog in the Murray Schumer Udall (NM) Mrs. FEINSTEIN. A corollary part of national parks. It grew by $400 million Nelson (NE) Sessions Vitter Nelson (FL) Shaheen Voinovich this is Dorgan amendment No. 2441, this year. The Land and Water Con- Pryor Shelby Warner which also moves along with this. So servation Act of 1965 was not meant Reed Snowe Webb we are prepared to accept Dorgan No. just to buy land. It was meant to take Reid Specter Whitehouse Roberts Stabenow Wyden 2441 as well. care of the backlogs and the problems Rockefeller Tester Mr. DORGAN. Mr. President, let me associated with outdoor recreation en- Sanders Udall (CO) say I think this has been cleared by joyment by the American people. There NAYS—19 both sides. It does have a connection to is almost $400 million in this bill to Barrasso DeMint Kyl the previous amendment. I appreciate buy more land rather than take care of Bunning Ensign Lugar the cooperation of the Senator from the things we have today. This amend- Chambliss Enzi Risch California, the Senator from Ten- ment simply moves that to take care of Coburn Grassley Thune Conrad Hatch Wicker nessee, and the Senator from Okla- the backlog at every national park we Cornyn Inhofe homa. have. If we do not do that, we are soon Crapo Johanns I ask for its immediate consideration going to be at $12 billion, soon at $13 NOT VOTING—1 and approval. billion. Byrd The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- clerk will report. ate will be in order. The motion was agreed to. Mrs. FEINSTEIN. Mr. President, I The legislative clerk read as follows: Mr. COBURN. The fact is, it is com- move to reconsider the vote. The Senator from North Dakota [Mr. DOR- mon sense. Every American knows you Mr. ALEXANDER. I move to lay that GAN], for himself, and Mr. CONRAD, proposes do not build a garage when your front an amendment No. 2441. motion upon the table. porch is falling down and that is the The motion to lay upon the table was The amendment is as follows: only way to get into your house. That agreed to. (Purpose: To provide for the inclusion of is what is happening to our parks. I AMENDMENT NO. 2531 property in, or removal of property from, know there is some increased funding The PRESIDING OFFICER. The the Northern Plains Heritage Area) for the parks but the fact is they are question is on agreeing to the Reid Beginning on page 173, strike line 12 and falling down, whether it is Yellow- amendment No. 2531. all that follows through page 174, line 5, and stone—I don’t care where it is, there Mrs. FEINSTEIN. I yield back all insert the following: are significant maintenance problems time on the Reid amendment. It has ‘‘(g) REQUIREMENTS FOR INCLUSION AND RE- in the parks. That ought to be a pri- been cleared on both sides. I ask for its MOVAL OF PROPERTY IN HERITAGE AREA.— ority before we add 1 more acre to 650 ‘‘(1) PRIVATE PROPERTY INCLUSION.—No pri- adoption by unanimous consent. vately owned property shall be included in million acres we already own. The PRESIDING OFFICER. Without the Heritage Area unless the owner of the The PRESIDING OFFICER. Who objection, it is so ordered. private property provides to the manage- yields time? The amendment (No. 2531) was agreed ment entity a written request for the inclu- The Senator from California is recog- to. sion. nized. TAHOE RIM TRAIL ‘‘(2) PROPERTY REMOVAL.— Mrs. FEINSTEIN. Mr. President, we Mrs. FEINSTEIN. Mr. President, I ‘‘(A) PRIVATE PROPERTY.—At the request of oppose this amendment. We oppose it rise to provide additional clarification an owner of private property included in the because it takes $420 million out of the Heritage Area pursuant to paragraph (1), the regarding a congressionally directed private property shall be immediately with- Land and Water Conservation Fund. spending items included in the fiscal drawn from the Heritage Area if the owner of We oppose it because the committee in year 2010 Senate Interior Appropria- the property provides to the management en- the stimulus bill put in as many dol- tions Subcommittee. At Senator REID’S tity a written notice requesting removal. lars as these departments could absorb request, the committee included ‘‘(B) PUBLIC PROPERTY.—On written notice in the period of time for maintenance. $100,000 for the U.S. Forest Service to from the appropriate State or local govern- I move to table. I ask for the yeas fund trail improvements in Nevada. It ment entity, public property included in the and nays. is my understanding that Senator REID Heritage Area shall be immediately with- The PRESIDING OFFICER. Is there a intended those funds to be used for im- drawn from the Heritage Area.’’. sufficient second? provements for the Tahoe Rim Trail, to The PRESIDING OFFICER. Without There is a sufficient second. be conducted through a partnership objection, the amendment will be ac- The question is on agreeing to the with the Tahoe Rim Trail Association. cepted. motion. Due to a clerical error, the project is The amendment (No. 2441) was agreed The clerk will call the roll. not listed correctly in the committee to. The legislative clerk called the roll. report, and I would like to ensure that Mrs. FEINSTEIN. Mr. President, I Mr. DURBIN. I announce that the the RECORD clearly reflects Senator move to reconsider the vote. Senator from West Virginia (Mr. BYRD) REID’S intended use for these funds. Mr. DORGAN. I move to lay that mo- is necessarily absent. Through the chair, I would like to ask tion on the table. The PRESIDING OFFICER (Mr. my colleague from Nevada, the distin- The motion to lay on the table was BEGICH). Are there any other Senators guished majority leader, if my under- agreed to. in the Chamber desiring to vote? standing of his intent is correct? The PRESIDING OFFICER. The Sen- The result was announced—yeas 79, Mr. REID. I would like to thank the ator from Oklahoma is recognized. nays 19, as follows: chairman for her efforts to clarify this AMENDMENT NO. 2483 [Rollcall Vote No. 297 Leg.] matter Chairman FEINSTEIN is correct, Mr. COBURN. We are on amendment I do intend that the funds rec- No. 2483, which was not agreed to. We YEAS—79 ommended by the committee be used could not work out an agreement. I Akaka Cochran Kaufman by the U.S. Forest Service for improve- Alexander Collins Kerry want to take a minute or two—we Baucus Corker Klobuchar ments to the Tahoe Rim Trail through don’t have a time agreement on this— Bayh Dodd Kohl their partnership with the Tahoe Rim to talk about this amendment, what Begich Dorgan Landrieu Trail Association. I would also note for Bennet Durbin Lautenberg amendment No. 2483 will do. Bennett Feingold LeMieux the record that my request complies The PRESIDING OFFICER. There is Bingaman Feinstein Leahy fully with all disclosure requirements 2 minutes equally divided on this Bond Franken Levin relating to congressionally directed amendment. Boxer Gillibrand Lieberman spending. Brown Graham Lincoln Mr. COBURN. I am not sure I was Brownback Gregg McCain Mrs. FEINSTEIN. Mr. President, I present. Do we have a unanimous con- Burr Hagan McCaskill thank the majority leader for his clari- sent in that regard? Burris Harkin McConnell fication and I look forward to working The PRESIDING OFFICER. Yes. Cantwell Hutchison Menendez with him to support his project as we Cardin Inouye Merkley Mr. COBURN. I should have been Carper Isakson Mikulski move through the annual appropria- here to object. Casey Johnson Murkowski tions process.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9808 CONGRESSIONAL RECORD — SENATE September 24, 2009 FUNDING RCAPS throughout our country. More than 1 oratory in Ann Arbor, MI, leads EPA’s Mr. LEAHY. Mr. President, as the million bats have died from New Hamp- Clean Automotive Technology Pro- Chair knows, I have long been a sup- shire to Virginia over the last two win- gram by facilitating collaboration with porter of improving the quality of ters, and scientists report mortality the automotive industry through inno- drinking water in rural America. There rates as high as 100 percent in some af- vative research to achieve ultra low- is a lot of work to be done. While small fected caves. Experts fear that WNS pollution emissions, increase fuel effi- rural communities are home to fewer could lead to the extinction of many ciency and reduce greenhouse gases. than 20 percent of America’s popu- bat species as the disease spreads One of the programs that has been lation, they account for more than 85 across the country. developed collaboratively through the percent of the Nation’s community WNS not only has ecological effects, Ann Arbor laboratory and its industry water systems, and are more likely but it also has severe economic and en- partners is the hydraulic hybrid tech- than larger systems to report major vironmental implications. Bats con- nology which has come out of the lab- drinking water violations. According sume vast quantities of insects, pro- oratory’s focus areas in hydraulic hy- to EPA data, 93 percent of the max- tecting crops and reducing pesticide brid research, engine research, alter- imum contaminant level, MCL, and use. A single bat can easily eat more native fuels research and technical and treatment technique, TT, violations re- than 3,000 insects a night and an entire analytical support. This technology of- ported in 2002 affected community colony will consume hundreds of mil- fers potential to reduce greenhouse gas water systems serving fewer than 10,000 lions of insects per year. Bats prey on emissions by 50 percent. people. MCL and TT violations include mosquitoes, which spread disease, and The President’s fiscal year 2010 budg- higher than allowable levels of organic moths and beetles, which damage agri- et increases the Climate Protection and inorganic contaminants such as ar- culture. Program line in EPA’s budget, which senic, benzene, atrazine, lead, copper With the Senator’s leadership, the includes this facility, and I appreciate and nitrate. fiscal year 2010 Interior appropriations the subcommittee’s concurrence with One significant reason for these high bill has included $500,000 for research to the request in the bill before the Sen- numbers is the lack of capacity among prevent the spread of WNS, and I thank ate. local elected officials to deal with the the Senator for that. It is my understanding that the complexities of maintaining a safe and Mrs. FEINSTEIN. I thank Senator version of the bill adopted by the clean supply of drinking water. For LAUTENBERG. Our offices have worked House of Representatives provides an this reason I have supported funding together on efforts to provide funding additional $1.6 million over the fiscal for RCAPs—six regional nonprofit or- to fight WNS, and I share his concerns year 2010 budget request. Is that also ganizations that help rural commu- about this issue. the understanding of the Senator from nities with facilities needs. Mr. LAUTENBERG. As the Senator California? The technical assistance and training knows, the U.S. Fish and Wildlife Serv- Mrs. FEINSTEIN. The Senator is cor- activities the RCAPs provide focus on ice, FWS, is spearheading efforts to rect. The President’s budget proposed helping communities comply with the better understand this deadly disease $18.975 million for the Climate Protec- Clean Water Act and the Safe Drinking and learn how to control its spread. tion Program, and that is the same Water Act. Last year alone, the RCAPs FWS is working in conjunction with amount proposed in this bill. The assisted more than 2,000 communities, the U.S. Geological Survey, National House of Representatives approved leveraged over $200,000,000 in funding, Park Service, and U.S. Forest Service $20.575 million. conducted 78 training sessions for al- and with State and local partners, sci- Mr. LEVIN. I hope to provide addi- most 2,000 community water officials, entists, and conservation organiza- tional funding for this program in and assisted nearly 3 million people to tions. Due to the high mortality rate order to fund a demonstration program access safe and clean water. Most of and the rapid spread of the disease, to deploy hybrid hydraulic technology the communities the RCAPs work with time is of the essence. in larger fleet vehicles, such as school have populations of less than 1,500. Mrs. FEINSTEIN. I agree with the buses. Demonstration of this hybrid Funding for the RCAPs has been in- Senator. We must tackle this issue hydraulic technology, through its in- cluded in this bill for more than 20 head-on and make sure all stakeholders corporation into a fleet of school buses, years. I understand that the committee are working together to combat this would not only bring these fuel-effi- was limited by rules regarding ear- challenge. cient and environmentally friendly marks, and I note that funding for the Mr. LAUTENBERG. Experts estimate technologies closer to wide-scale via- RCAPs is not included in the fiscal that much more funding is needed for bility and acceptance but also provide year 2010 Senate bill. However, I under- research on WNS. Accordingly, I filed EPA with important data to support stand that the House bill includes fund- an important amendment to this bill, its work in developing achievable ing for the RCAPs at the current rate amendment No. 2476, to shift $1.4 mil- standards for fuel economy and green- and it my hope that in conference the lion in additional funding to WNS re- house gas emissions. Senate will move toward the House po- search. My amendment would not put As the conference committee con- sition on this. any other projects or programs at risk, siders the differences between the Mrs. FEINSTEIN. I thank the Sen- and it would provide critical resources House and Senate bills, I am hopeful ator for his comments on this. I appre- to fight this disease. I ask for the that the additional $1.6 million in- ciate the difficulties faced by rural chairman’s assurance that she will cluded in the House bill will be main- communities in gaining and maintain- work in conference to implement my tained and that serious consideration ing access to adequate drinking water. amendment. will be given to directing this funding I also know well the good work of the Mrs. FEINSTEIN. As I mentioned to demonstration of the hybrid hydrau- RCAPs in assisting those communities. earlier, I share the Senator’s concerns lic technology I have described. As we move into conference on this leg- and agree that we need to focus more Mrs. FEINSTEIN. I appreciate the islation I look forward to working with attention and resources on WNS. I Senator from Michigan bringing this to my colleague to see if we can maintain commit to work in conference to in- my attention and I assure him that I funding for this important program. crease funding for this disease as called will keep his suggestions in mind as WHITE NOSE SYNDROME for in his amendment. this bill progresses. Mr. LAUTENBERG. I would like to CLEAN AUTOMOTIVE TECHNOLOGY Mr. LEVIN. I thank the distinguished discuss with the Senator a serious Mr. LEVIN. Mr. President, I want to Senator. issue that deserves our attention. bring to the attention of the distin- NEW YORK’S NORTHEASTERN STATES RESEARCH White nose syndrome, WNS, is a fungus guished chair of the Appropriations COOPERATIVE FUNDING that is causing an extraordinary num- Subcommittee on Interior, Environ- Mrs. FEINSTEIN. I would like to ber of bat deaths, particularly in the ment and Related Agencies a very im- enter into a colloquy with my col- Northeast. This disease has the poten- portant program in my State. The En- league from New York. tial to inflict widespread ecological, vironmental Protection Agency’s Na- Mrs. GILLIBRAND. I thank the agricultural, and economic damage tional Vehicle and Fuel Emissions Lab- chairman for entering into a colloquy

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9809 with me and for her hard work on this also could have blocked the Secretary sion. After all, the people did, in fact, bill. I want to discuss the need to add from considering facts and scientific give the Supreme Court the jurisdic- New York to the list of States included evidence regarding the decision he tion to interpret the laws of Congress. for Northeastern States Research Co- needs to make. Furthermore, I disagree with the operative Funding. I opposed the Vitter motion because EPA’s finding that carbon dioxide The Northeastern States Research the only way that we can legally access poses an endangerment to humans and Cooperative, NSRC, was originally au- our public lands for natural resources that it is a pollutant. Unlike conven- thorized by Congress in the Forest and is by due process. If we block the De- tional pollutants, CO2 does not nor- Rangeland Renewable Resources Re- partment of Interior from following mally cause direct harm to our envi- search Act of 1978 and is managed by due process, that only serves to delay ronment or to our bodies. It is consid- the U.S. Forest Service. The clear in- the process with litigation. ered an endangerment only because it tent of Congress in creating the NSRC Mr. HATCH. Mr. President, I rise has the potential as a greenhouse gas was to fund a competitive grants re- today to discuss an amendment I filed to warm the planet. What seems to be search program shared by the four to the Interior appropriations bill, and completely lost by the EPA, is that states of the cooperative, New Hamp- in doing so, I hope to remind my col- most scientists will tell you that a shire, Vermont, Maine and New York. leagues about their responsibility as warming climate is a net benefit, while The original intent of Congress was federally elected representatives of the a cooling climate is a net detriment to to have all four States jointly funded citizens of the United States. The U.S. life on Earth. by the enacted authorization of this Constitution, the document written by If greenhouse gases and warming are act. Unfortunately, New York has been the people to empower and limit gov- detrimental to life, then why doesn’t left out of the Forest Service budget ernment, specifically gives the Con- the EPA propose to regulate water requests this year. gress the power to make the laws that vapor? Water vapor makes up 95 per- Funding through this cooperative direct this government. The first sec- cent of all greenhouse gases, and a will maintain critical forestry research tion of the first article of the Constitu- cubic foot of water vapor has a much programs in New York State. For in- tion states ‘‘All legislative Powers stronger warming factor than a cubit stance, the State University of New herein granted shall be vested in a Con- foot of carbon dioxide? York, College of Environmental gress of the United States, which shall Those are just a couple questions Science and Forestry has received consist of a Senate and House of Rep- that haven’t been answered suffi- funding through this program in the resentatives.’’ The people also estab- ciently, in my view. And so I disagree past that has provided research, tech- lished an executive power and a judi- with the EPA’s finding that carbon di- nology transfer and outreach to coordi- cial power, but put the lawmaking oxide is an endangerment. In spite of nate and improve ecological and eco- power specifically into the hands of that, I do recognize that the Supreme nomic vitality of the northeastern for- Congress Court has the ability to interpret the ests of New York, Vermont, New I would invite my colleagues to con- Clean Air Act in a way that allows the Hampshire and Maine. sider for a moment, and to remind EPA to make this finding. The NSRC’s research is critical to themselves, why the people put the However, I doubt that any of my col- the economic vitality of and quality- control of the Nation’s laws into the leagues can honestly say that when of-life in the 18.5 million acres of the hands of Congress, and not to the other Congress voted for the Clean Air Act in New York’s forested land. branches of government. It is because 1970, that we intended that carbon di- Mrs. FEINSTEIN. I would like to Congress is directly answerable to the oxide should be regulated as a pollut- thank my colleague for bringing this to people. For members of Congress, there ant. But now we are witnessing the my attention and I will certainly look is no escape from the people. Our EPA initiating a process to that end into this matter during conference ne- founding document ensures that we which will lead to the most sweeping, gotiations. routinely have elections whereby law- and probably most expensive set of reg- Mrs. GILLIBRAND. I thank the makers face the citizens who sent them ulations in our nation’s history, with chairman for her help and for her lead- here. By limiting legislative powers to no specific authorization from Con- ership. Congress, the people have secured this gress to do so. Mr. UDALL of New Mexico. Mr. power to themselves. So we see that Is it the proper role of Congress to sit President, I would like to correct the the people are willing to live under by and allow an independent agency, record regarding some recent remarks laws, but only to the extent that those with nary an elected official within its of Senator TOM COBURN of Oklahoma laws are their own. walls to take over every single energy regarding offshore drilling. Senator This is a principle upon which our producing activity in the Nation? COBURN stated in today’s debate that I Nation was founded. This is a principle Could there be a more dramatic and ‘‘voted against an opportunity to ex- upon which we have achieved our sta- sweeping centralization of government pand offshore exploration yesterday.’’ tus as a great nation. It is a principle power than the move to control all car- First, the Senator’s comments are that has made our government an in- bon dioxide emissions? And are we, as somewhat confusing because there spiration to generations of free minds the elected body representing the peo- were no votes yesterday that would throughout the world. And I believe it ple going to hide behind a decision by have opened up even one acre of our is a principle that is being weakened on a Supreme Court and just watch it hap- offshore public lands to oil exploration. our watch during the 111th Congress. pen? While technically, the Supreme Instead, I believe that Senator COBURN In April of 2007, the Supreme Court Court and the EPA are acting within may have been referring to yesterday’s ruled in Massachusetts v. EPA, by a 5 their jurisdictions and authority. Cer- motion to recommit by Senator VITTER to 4 margin, that the Environmental tainly, though, with such far reaching of Louisiana. Protection Agency could act to regu- regulations, Congress has a responsi- I opposed the Vitter motion yester- late carbon dioxide emissions as a pol- bility to put these actions back under day because it was counter-productive. lutant from vehicles under the Clean the direct authority of Congress, and By using political interference in off- Air Act without further authorization thus back into the hands of the people. shore permitting, it would have actu- from Congress. And it is widely be- My amendment would do just that. It ally created serious delays. Supporters lieved that this decision allows the would bar the EPA from moving for- of the Vitter motion talked about their EPA to also regulate carbon dioxide ward with these far reaching regula- desire to expand offshore oil drilling, emissions from all other sources, as tions until Congress has expressly au- but the motion set up major legal ob- well, without further action from Con- thorized such an action. I urge my col- stacles to developing our natural re- gress. leagues to restore Congress and the sources. I disagree with the Supreme Court’s people to their proper role over laws The motion was vaguely drafted, but decision in Massachusetts v. EPA and that relate to the regulation of carbon it could have blocked funding from even consider it ill-informed in some dioxide, and support my amendment. being used to review the over 300,000 respects. However, I don’t question the Mr. AKAKA. Mr. President, I rise public comments received. The motion role of the Court to make such a deci- today to speak in support of the fiscal

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9810 CONGRESSIONAL RECORD — SENATE September 24, 2009 year 2010 Department of the Interior, sion of the Refuge. The expansion protection, Federal lands, and cultural Environment, and Related Agencies would add approximately 1,100 acres education is complemented in this bill Appropriations Act. I wish to thank and ensure protection of the largest by these six Hawaii programs that subcommittee Chairman FEINSTEIN and natural coastal wetland and last re- drive progress on research, education, Ranking Member ALEXANDER, as well maining natural coastal dune eco- planning, and preservation related to as committee Chairman INOUYE and system on Oahu. It is a premier endan- natural and cultural resources across Vice Chairman COCHRAN, for their work gered Hawaiian waterbird recovery my home state for the benefit of my on this bill. area and supports four endangered Ha- constituents and the country as a This bill will fund important pro- waiian waterbirds and a variety of mi- whole. Again, I thank my colleagues grams at the Environmental Protec- gratory shorebirds and waterfowl. I for their support of these initiatives tion Agency, Department of the Inte- was pleased to be an original cosponsor and urge continued support in con- rior, Indian Health Service, Forest of the 2005 legislation that authorized ference. Service, Smithsonian Institution, Na- such expansion and believe that secur- Mr. LEVIN. Mr. President, I will vote tional Endowment for the Arts, and ing the remaining parcels will aid in for this bill to provide $32 billion in National Endowment for the Human- preserving the wetland’s natural flood- funding for a variety of important en- ities. Consequently, it addresses crit- water retention function. vironmental and infrastructure pur- ical needs related to public lands man- In addition, the invasive species man- poses. This bill would provide clean agement, environmental protection, agement project in Hawaii included in drinking water, prevent pollution from Indian Country, and cultural edu- this bill will help to reduce the impact contaminating our precious natural re- cation. I am pleased with the inclusion of established invasive species in the sources, clean up hazardous waste of a number of initiatives for which I State and support ongoing efforts to sites, protect lands for habitat preser- prevent the introduction of new ones. requested funding and that I believe vation and recreation, improve vehicle Hawaii’s delicate insular ecosystems will be of great benefit to Hawaii and efficiency, and help restore the Great are home to over 300 endangered spe- our Nation. Therefore, I am very Lakes. thankful that my colleagues on the Ap- cies, which is more than any other I am pleased this bill includes $400 State, and the primary factor limiting propriations Committee recognized the million for Great Lakes restoration their recovery and contributing to need of these programs and backed and protection efforts through a new their decline in Hawaii is the continued them with unanimous committee ap- effort called the Great Lakes Restora- presence of ecologically harmful proval. I would like to take this oppor- tion Initiative, GLRI. The GLRI is a invasive species. Thus, continued vigi- tunity to discuss these important ini- multiagency effort to address the array lance and action is needed to safeguard tiatives. of current and historic threats facing these species and their habitats, which The Omnibus Public Lands Manage- the Great Lakes including invasive are so important both nationally, in ment Act of 2009, which was signed into aquatic species, nonpoint source pollu- terms of biodiversity, and locally, in law earlier this year, includes a bill I tion, and contaminated sediment. terms of agriculture, tourism, and cul- introduced in the 110th Congress to au- While I appreciate the significant in- ture. thorize appropriations for the National I am also pleased the funding in this vestment in the Great Lakes, I have Tropical Botanical Garden, NTBG. appropriations bill that will support encouraged the bill managers to pro- Chartered by Congress in 1964, the the Native Hawaiian Culture and Arts vide the full funding requested for the NTBG collects, cultivates, and pre- Program, NHCAP, which preserves, GLRI. The President requested $475 serves tropical flora and conducts re- supports, revitalizes, and develops Na- million for the GLRI, and the Environ- search in tropical botany. The NTBG’s tive Hawaiian arts and culture. mental Protection Agency has pre- work has advanced disease treatment, NHCAP’s efforts are focused on assist- pared a spending plan for the full fund- world hunger prevention, and medical ing Native Hawaiians to be practi- ing. Full funding is needed now and education. Funding in this appropria- tioners of their culture and to share would be well spent. tions bill will allow the NTBG to con- knowledge of and celebrate Hawaiian A 2003 GAO report on Great Lakes tinue to help protect, propagate, and art and culture. NHCAP projects in- federal restoration programs stated: study tropical species that could per- clude educational programs, exhibits, ‘‘Despite early success in improving mit additional scientific advances but publications, and increased access to conditions in the Great Lakes Basin, are threatened with extinction. the Bishop Museum’s vast cultural col- significant environmental challenges The bill will also fund the establish- lections of artifacts, documents, and remain, including increased threats ment and construction of a research images. These projects foster Native from invasive species and cleanup of and education center for the Hawaii Hawaiian cultural preservation, create areas contaminated with toxic sub- Experimental Tropical Forest, HETF. important educational opportunities stances that pose human health The Hawaii Tropical Forest Recovery for youth, and promote the sort of un- threats.’’ More recently, scientists re- Act, which I sponsored and became law derstanding necessary in a multicul- port that the Great Lakes are exhib- in 1992, authorized the establishment of tural nation and increasingly inter- iting signs of stress due to a combina- the HETF to be managed as a site for connected world. tion of sources, including toxic con- research and education on tropical for- As population grows on islands with taminants, invasive species, nutrient estry, conservation biology, and nat- limited freshwater resources, informa- loading, shoreline and upland land use ural resource management. HETF has tion to evaluate the sustainability of changes, and changes to how water been home to dozens of research water resources is needed to make in- flows. A 2005 report from a group of projects since its establishment, and it formed decisions that balance environ- Great Lakes scientific experts states has been selected as one of the Na- mental protection with economic op- that ‘‘historical sources of stress have tional Science Foundation’s 20 core portunity. The resources that this bill combined with new ones to reach a tip- wildland sites of the National Ecologi- supports for well monitoring and water ping point, the point at which eco- cal Observatory Network and a site of assessment in my State will enable system-level changes occur rapidly and the Forest Service’s Experimental For- continued work with stakeholders to unexpectedly, confounding the tradi- est and Range Synthesis Network. Con- provide information on water resources tional relationships between sources of struction of the center will further so that they can be managed in a sus- stress and the expected ecosystem re- HETF’s mission to improve the con- tainable and legally compliant basis. It sponse.’’ servation and scientific understanding will also provide for the operation of The Great Lakes are a unique Amer- of tropical forests, a natural resource stream gauges, which supply data im- ican treasure. We must recognize that of global significance. portant to signaling flood conditions, we are only their temporary stewards. The James Campbell National Wild- improving long-term planning, exam- If Congress does not act to keep pace life Refuge will receive funding in this ining climate change, and measuring with the needs of the lakes, and the bill to help provide for the acquisition water availability and quality. tens of millions of Americans depend- of the remaining parcels on Oahu’s In all, funding for our national prior- ent upon them and affected by their northern shore to complete the expan- ities in such areas as environmental condition, the problems will continue

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9811 to build and we may start to undo structure, improve fuel efficiency and Fonnesbeck, Rachelle Schroeder, and some of the important work that has reduce greenhouse gases, and protect Rebecca Benn. We thank you very already been done and is underway. We and improve public lands and parks, much. must be good stewards by providing the and I support its passage. The PRESIDING OFFICER. The Sen- resources that the Federal Government The PRESIDING OFFICER. The ma- ator from Tennessee. needs to meet its ongoing obligation to jority leader is recognized. Mr. ALEXANDER. In 60 seconds I protect and restore the Great Lakes. Mr. REID. Mr. President, my under- would like to thank Chairman FEIN- This bill will help us meet that great standing is that the next vote will be STEIN for being so accommodating responsibility to future generations. final passage on the Interior appropria- working with Republican Members. I Importantly, the bill would provide tions bill. I want to alert all Members would like to thank my colleagues for $1.4 billion to capitalize the Drinking and give them kind of a suggestion of moving this bill along. Senators COCH- Water State Revolving Fund and $2.1 what the schedule is going to be. RAN, INOUYE, REID, and MCCONNELL billion for the Clean Water State Re- First of all, people are asking about have been terrific. The staff members, volving Fund for wastewater projects. the Finance Committee. I have spoken Peter and Rachael and Scott; on our The funding in the Senate bill more to Chairman BAUCUS. The Finance side, Leif and Rachelle and Rebecca. than doubles the amount provided in Committee is going to work late to- We thank you for your hard work. the fiscal year 2009 bill. I had urged ap- night. They are going to come in in the The PRESIDING OFFICER. Under propriators to provide this increase be- morning and work, and then they will the previous order, the committee sub- cause Michigan’s water infrastructure make a decision how long they are stitute, as amended, is agreed to. needs are sizable. Michigan would re- going to work tomorrow and whether Mr. INHOFE. Mr. President, I suggest ceive about $41 million for drinking they go into the weekend. the absence of a quorum. water and $88 million for wastewater The next item of business will be the The PRESIDING OFFICER. The projects, protecting public health, im- Department of Defense appropriations clerk will call the roll. proving the environment, and creating bill. Tonight will be debate only. There The legislative clerk proceeded to a stronger economic climate. will be no votes on Friday. The Defense call the roll. I am also pleased this bill provides appropriations managers will be here Mrs. FEINSTEIN. Mr. President, I $2.7 billion for our National Park Serv- for amendments and debate. ask unanimous consent that the order ice, an increase of $200 million from This is one of the most important for the quorum call be rescinded. last year’s level, which I supported. bills we deal with every year. There The PRESIDING OFFICER. Without Michigan has six national park units, will be no votes on Monday. It is one of objection, it is so ordered. and this funding would help ensure the high holidays, Yom Kippur. The AMENDMENT NO. 2445 these resources are adequately main- Defense managers will be here to con- Mrs. FEINSTEIN. Mr. President, I tained and protected. The national tinue consideration of the bill. We are ask unanimous consent that Inhofe parks have been struggling for years not going to be in session on Monday, amendment No. 2445 be in order. with inadequate funding and large not on the holiday. I do not think that The PRESIDING OFFICER. Notwith- maintenance and construction back- would be appropriate. People are trav- standing the adoption of the sub- logs. This funding would help meet eling that day. I do not think it is fair. stitute, the clerk will report. these needs so that our Nation’s nat- There will be votes on Tuesday. It The legislative clerk read as follows: ural and cultural heritage is preserved. will be like a regular Monday. There The Senator from Oklahoma [Mr. INHOFE] Over a million people visited Michi- will be no votes before 5:30. I would proposes an amendment numbered 2445. gan’s national parks last year, and it is hope if people have amendments on Mrs. FEINSTEIN. This amendment important that visitors find our parks this Defense bill they will lay them has been cleared on both sides. I ask in good condition and that we do the down. We want to move on this as unanimous consent the amendment be same for future generations. quickly as possible. We know there are agreed to. I am pleased to see this bill includes lots of important subjects people want The PRESIDING OFFICER. Without the President’s fiscal year 2010 budget to talk about. objection, it is so ordered. request for the Environmental Protec- Wednesday, September 30, is the end The amendment (No. 2445) was agreed tion Agency’s Climate Protection Pro- of the fiscal year. We have a number of to, as follows: gram, which includes the Clean Auto- things we must do before the end of the AMENDMENT NO. 2445 motive Technology Program. EPA’s fiscal year. We are going to have a CR. (Purpose: To provide for the expedited National Vehicle and Fuel Emissions We have to extend FAA authority and cleanup of the Tar Creek Superfund Site) Laboratory in Ann Arbor, MI, leads the other issues. All of the chairmen and On page 240, between lines 13 and 14, insert Clean Automotive Technology Pro- ranking members know what they are the following: gram by facilitating collaboration with and we have discussed them on the SEC. 423. TAR CREEK SUPERFUND SITE. the automotive industry through inno- Senate floor. (a) IN GENERAL.—To expedite the cleanup vative research to achieve ultra low- Next week will be an extremely busy of the Federal land and Indian land at the pollution emissions, increase fuel effi- week. I am hopeful in the next few days Tar Creek Superfund Site (referred to in this ciency and reduce greenhouse gases. An the Finance Committee will complete section as the ‘‘site’’), any purchase of chat example of the work done collabo- their work on the Finance health care (as defined in section 278.1(b) of title 40, Code ratively through this program at the bill, and I hope we do not have to do of Federal Regulations (or a successor regu- Ann Arbor laboratory with its industry anything dealing with reconciliation lation)), from the site shall be— (1) counted at twice the purchase price of partners is development of hydraulic on that. We have made progress this the chat; and hybrid technology that offers potential week. (2) eligible to be counted toward meeting to reduce greenhouse gas emissions by Members this week working on this the federally required disadvantaged busi- 50 percent. The House bill includes an bill have been very cooperative. We ness enterprise set-aside on federally funded additional $1.6 million for the Climate have two wonderful managers on this projects. Protection Program, and I am hopeful Interior appropriations bill. They have (b) RESTRICTED INDIAN OWNERS.—Sub- this additional funding will be main- worked well together and done a good section (a) shall only apply if the purchase of job. chat is made from 1 or more restricted In- tained in conference and that serious dian owners or an Indian tribe. consideration will be given to directing Mrs. FEINSTEIN. Before you call the (c) APPLICABLE LAW.—The use of chat ac- this funding to deployment of hybrid roll, I just want to thank the distin- quired under subsection (a) shall conform hydraulic technology in larger fleet ve- guished ranking member. A lot of co- with applicable laws (including the regula- hicles, such as schoolbuses. operation went into this bill or it tions for the use of chat promulgated by the Mr. President, this appropriations would have taken a lot longer. Administrator of the Environmental Protec- bill would protect our natural re- I thank particularly the staff: Peter tion Agency). sources and the Great Lakes in par- Kiefhaber, Virginia James, Scott The PRESIDING OFFICER. The ticular, provide communities with safe Dalzell, Rachael Taylor, Chris Wat- question is on the engrossment of the drinking water and wastewater infra- kins; on the Republican side, Lee committee amendment in the nature of

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9812 CONGRESSIONAL RECORD — SENATE September 24, 2009 a substitute, as amended, and third proceed to the immediate consider- (5) FRONTIER CRIMES REGULATION.—The reading of the bill. ation of S. 1707, introduced earlier term ‘‘Frontier Crimes Regulation’’ means The amendment was ordered to be today. the Frontier Crimes Regulation, codified engrossed and the bill to be read a The PRESIDING OFFICER. Without under British law in 1901, and applicable to third time. objection, it is so ordered. the FATA. The bill was read the third time. The clerk will report the bill by title. (6) IMPACT EVALUATION RESEARCH.—The The PRESIDING OFFICER. The bill The legislative clerk read as follows: term ‘‘impact evaluation research’’ means having been read the third time, the A bill (S. 1707) to authorize appropriations the application of research methods and sta- question is, Shall the bill pass? for fiscal year 2010 through 2014 to promote tistical analysis to measure the extent to Mr. MENENDEZ. Mr. President, I ask an enhanced strategic partnership with which change in a population-based outcome for the yeas and nays. Pakistan and its people, and for other pur- can be attributed to program intervention The PRESIDING OFFICER. Is there a poses. instead of other environmental factors. sufficient second? There being no objection, the Senate (7) MAJOR DEFENSE EQUIPMENT.—The term There is a sufficient second. proceeded to consider the bill. ‘‘major defense equipment’’ has the meaning The clerk will call the roll. Mr. DORGAN. Mr. President, I ask given the term in section 47(6) of the Arms The legislative clerk called the roll. unanimous consent that the bill be Export Control Act (22 U.S.C. 2794(6)). Mr. DURBIN. I announce that the read three times and passed, the mo- (8) NWFP.—The term ‘‘NWFP’’ means the Senator from West Virginia (Mr. BYRD) tions to reconsider be laid upon the North West Frontier Province of Pakistan, is necessarily absent. table, with no intervening action or de- which has Peshawar as its provincial capital. The PRESIDING OFFICER. Are there bate, and any statements related to the (9) OPERATIONS RESEARCH.—The term ‘‘op- erations research’’ means the application of are other Senators in the Chamber de- bill be printed in the RECORD. social science research methods, statistical siring to vote? The PRESIDING OFFICER. Without The result was announced—yeas 77, objection, it is so ordered. analysis, and other appropriate scientific methods to judge, compare, and improve nays 21, as follows: The bill (S. 1707) was ordered to be engrossed for a third reading, was read policies and program outcomes, from the [Rollcall Vote No. 298 Leg.] earliest stages of defining and designing pro- the third time, and passed, as follows: YEAS—77 grams through their development and imple- S. 1707 Akaka Gillibrand Murray mentation, with the objective of the rapid Alexander Gregg Nelson (NE) Be it enacted by the Senate and House of Rep- dissemination of conclusions and concrete Baucus Hagan Nelson (FL) resentatives of the United States of America in impact on programming. Begich Harkin Pryor Congress assembled, (10) SECURITY FORCES OF PAKISTAN.—The Bennet Hatch Reed SECTION 1. SHORT TITLE; TABLE OF CONTENTS. term ‘‘security forces of Pakistan’’ means Bennett Hutchison Reid (a) SHORT TITLE.—This Act may be cited as Bingaman Inouye Risch the ‘‘Enhanced Partnership with Pakistan the military and intelligence services of the Bond Isakson Roberts Act of 2009’’. Government of Pakistan, including the Boxer Johanns Rockefeller (b) TABLE OF CONTENTS.—The table of con- Armed Forces, Inter-Services Intelligence Brown Johnson Sanders Directorate, Intelligence Bureau, police Brownback Kaufman tents for this Act is as follows: Schumer Burris Kerry Sec. 1. Short title; table of contents. forces, levies, Frontier Corps, and Frontier Shaheen Cantwell Klobuchar Sec. 2. Definitions. Constabulary. Shelby Cardin Kohl Sec. 3. Findings. (11) SECURITY-RELATED ASSISTANCE.—The Snowe Carper Landrieu Sec. 4. Statement of principles. Specter term ‘‘security-related assistance’’— Casey Lautenberg TITLE I—DEMOCRATIC, ECONOMIC, AND (A) means— Cochran Leahy Stabenow DEVELOPMENT ASSISTANCE FOR Tester (i) grant assistance to carry out section 23 Collins Levin PAKISTAN Udall (CO) of the Arms Export Control Act (22 U.S.C. Conrad Lieberman Sec. 101. Authorization of assistance. Crapo Lincoln Udall (NM) 2763); and Voinovich Sec. 102. Authorization of appropriations. Dodd Lugar Sec. 103. Auditing. (ii) assistance under chapter 2 of part II of Dorgan McCaskill Warner the Foreign Assistance Act of 1961 (22 U.S.C. Durbin Menendez Webb TITLE II—SECURITY ASSISTANCE FOR Feingold Merkley Whitehouse PAKISTAN 2311 et. seq); but Feinstein Mikulski Wicker Sec. 201. Purposes of assistance. (B) does not include— Franken Murkowski Wyden Sec. 202. Authorization of assistance. (i) assistance authorized to be appropriated Sec. 203. Limitations on certain assistance. NAYS—21 or otherwise made available under any provi- Sec. 204. Pakistan Counterinsurgency Capa- sion of law that is funded from accounts Barrasso Cornyn Kyl bility Fund. within budget function 050 (National De- Bayh DeMint LeMieux Sec. 205. Requirements for civilian control fense); and Bunning Ensign McCain of certain assistance. Burr Enzi McConnell (ii) amounts appropriated or otherwise Chambliss Graham Sessions TITLE III—STRATEGY, ACCOUNT- available to the Pakistan Counterinsurgency Coburn Grassley Thune ABILITY, MONITORING, AND OTHER Capability Fund established under the Sup- PROVISIONS Corker Inhofe Vitter plemental Appropriations Act, 2009 (Public NOT VOTING—1 Sec. 301. Strategy Reports. Law 111–32). Sec. 302. Monitoring Reports. Byrd SEC. 2. DEFINITIONS. SEC. 3. FINDINGS. The bill (H.R. 2996), as amended, was In this Act: Congress finds the following: (1) APPROPRIATE CONGRESSIONAL COMMIT- passed, as follows: (1) The people of the Islamic Republic of TEES.—Except as otherwise provided in this (The bill will be printed in a future Pakistan and the United States share a long Act, the term ‘‘appropriate congressional edition of the RECORD.) history of friendship and comity, and the in- Mr. REID. I move to reconsider the committees’’ means the Committees on Ap- propriations and Foreign Relations of the terests of both nations are well-served by vote and to lay that motion on the Senate and the Committees on Appropria- strengthening and deepening this friendship. table. tions and Foreign Affairs of the House of (2) Since 2001, the United States has con- The motion to lay on the table was Representatives. tributed more than $15,000,000,000 to Paki- agreed to. (2) COUNTERINSURGENCY.—The term ‘‘coun- stan, of which more than $10,000,000,000 has The PRESIDING OFFICER appointed terinsurgency’’ means efforts to defeat orga- been security-related assistance and direct Mrs. FEINSTEIN, Mr. BYRD, Mr. LEAHY, nized movements that seek to overthrow the payments. Mr. DORGAN, Ms. MIKULSKI, Mr. KOHL, duly constituted Governments of Pakistan (3) With the free and fair election of Feb- Mr. JOHNSON, Mr. REED, Mr. NELSON of and Afghanistan through violent means. ruary 18, 2008, Pakistan returned to civilian Nebraska, Mr. TESTER, Mr. INOUYE, Mr. (3) COUNTERTERRORISM.—The term rule, reversing years of political tension and ‘‘counterterrorism’’ means efforts to combat ALEXANDER, Mr. COCHRAN, Mr. BEN- mounting popular concern over military rule al Qaeda and other foreign terrorist organi- and Pakistan’s own democratic reform and NETT, Mr. GREGG, Ms. MURKOWSKI, Ms. zations that are designated by the Secretary political development. COLLINS and Mr. BOND conferees on the of State in accordance with section 219 of the (4) Pakistan is a major non-NATO ally of part of the Senate. Immigration and Nationality Act (8 U.S.C. the United States and has been a valuable f 1189), or other individuals and entities en- partner in the battle against al Qaeda and ENHANCED PARTNERSHIP WITH gaged in terrorist activity or support for the Taliban, but much more remains to be such activity. PAKISTAN ACT OF 2009 accomplished by both nations. (4) FATA.—The term ‘‘FATA’’ means the (5) The struggle against al Qaeda, the Mr. DORGAN. Mr. President, I ask Federally Administered Tribal Areas of unanimous consent that the Senate Pakistan. Taliban, and affiliated terrorist groups has

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9813 led to the deaths of several thousand Paki- focus on security-related assistance or one (M) to strengthen Pakistan’s efforts to stani civilians and members of the security particular area or province. gain control of its under-governed areas and forces of Pakistan over the past seven years. (4) The United States supports Pakistan’s address the threat posed by any person or (6) Despite killing or capturing hundreds of struggle against extremist elements and rec- group that conducts violence, sabotage, or al Qaeda operatives and other terrorists—in- ognizes the profound sacrifice made by Paki- other terrorist activities in Pakistan or its cluding major al Qaeda leaders, such as stan in the fight against terrorism, including neighboring countries; and Khalid Sheikh Muhammad, Ramzi bin al- the loss of more than 1,900 soldiers and police (N) to explore means to consult with and Shibh, and Abu Faraj al-Libi—the FATA, since 2001 in combat with al Qaeda, the utilize the relevant expertise and skills of parts of the NWFP, Quetta in Balochistan, Taliban, and other extremist and terrorist the Pakistani-American community. and Muridke in Punjab remain a sanctuary groups. TITLE I—DEMOCRATIC, ECONOMIC, AND for al Qaeda, the Afghan Taliban, the (5) The United States intends to work with DEVELOPMENT ASSISTANCE FOR PAKI- Terikh-e Taliban and affiliated groups from the Government of Pakistan— STAN (A) to build mutual trust and confidence which these groups organize terrorist actions SEC. 101. AUTHORIZATION OF ASSISTANCE. by actively and consistently pursuing a sus- against Pakistan and other countries. (a) IN GENERAL.—The President is author- tained, long-term, multifaceted relationship (7) The security forces of Pakistan have ized to provide assistance to Pakistan— between the two countries, devoted to struggled to contain a Taliban-backed insur- (1) to support the consolidation of demo- strengthening the mutual security, stability, gency, recently taking direct action against cratic institutions; and prosperity of both countries; those who threaten Pakistan’s security and (2) to support the expansion of rule of law, (B) to support the people of Pakistan and stability, including military operations in build the capacity of government institu- the FATA and the NWFP. their democratic government in their efforts to consolidate democracy, including tions, and promote respect for internation- (8) On March 27, 2009, President Obama ally-recognized human rights; noted, ‘‘Multiple intelligence estimates have strengthening Pakistan’s parliament, help- ing Pakistan reestablish an independent and (3) to promote economic freedoms and sus- warned that al Qaeda is actively planning at- tainable economic development; tacks on the United States homeland from transparent judicial system, and working to extend the rule of law in all areas in Paki- (4) to support investment in people, includ- its safe-haven in Pakistan.’’. ing those displaced in on-going counterinsur- (9) According to a Government Account- stan; (C) to promote sustainable long-term de- gency operations; and ability Office report (GAO–08–622), ‘‘since (5) to strengthen public diplomacy. 2003, the [A]dministration’s national secu- velopment and infrastructure projects, in- cluding in healthcare, education, water man- (b) ACTIVITIES SUPPORTED.—Activities that rity strategies and Congress have recognized may be supported by assistance under sub- that a comprehensive plan that includes all agement, and energy programs, in all areas of Pakistan, that are sustained and sup- section (a) include the following: elements of national power—diplomatic, (1) To support democratic institutions in military, intelligence, development assist- ported by each successive democratic gov- ernment in Pakistan; Pakistan in order to strengthen civilian rule ance, economic, and law enforcement sup- and long-term stability, including assistance port—was needed to address the terrorist (D) to ensure that all the people of Paki- stan, including those living in areas gov- such as— threat emanating from the FATA’’ and that (A) support for efforts to strengthen Paki- such a strategy was also mandated by sec- erned by the Frontier Crimes Regulation, have access to public, modernized education stan’s institutions, including the capacity of tion 7102(b)(3) of the Intelligence Reform and and vocational training to enable them to the National Parliament of Pakistan, such Terrorism Prevention Act of 2004 (Public provide for themselves, for their families, as enhancing the capacity of committees to Law 108–458; 22 U.S.C. 2656f note) and section and for a more prosperous future for their oversee government activities, including na- 2042(b)(2) of the Implementing the Rec- children; tional security issues, enhancing the ability ommendations of the 9/11 Commission Act of (E) to support the strengthening of core of members of parliament to respond to con- 2007 (Public Law 110–53; 22 U.S.C. 2375 note). curricula and the quality of schools across stituents, and supporting of parliamentary (10) During 2008 and 2009, the people of Pakistan, including madrassas, in order to leadership; Pakistan have been especially hard hit by improve the prospects for Pakistani chil- (B) support for voter education and civil rising food and commodity prices and severe dren’s futures and eliminate incitements to society training as well as appropriate sup- 2 energy shortages, with ⁄3 of the population violence and intolerance; port for political party capacity building and 1 living on less than $2 a day and ⁄5 of the pop- (F) to encourage and promote public-pri- responsiveness to the needs of all the people ulation living below the poverty line accord- vate partnerships in Pakistan in order to of Pakistan; and ing to the United Nations Development Pro- bolster ongoing development efforts and (C) support for strengthening the capacity gram. strengthen economic prospects, especially of the civilian Government of Pakistan to (11) Economic growth is a fundamental with respect to opportunities to build civic carry out its responsibilities at the national, foundation for human security and national responsibility and professional skills of the provincial, and local levels. stability in Pakistan, a country with more people of Pakistan, including support for in- (2) To support Pakistan’s efforts to expand than 175,000,000 people, an annual population stitutions of higher learning with inter- rule of law, build the capacity, transparency, growth rate of two percent, and a ranking of national accreditation; and trust in government institutions, and 136 out of 177 countries in the United Nations (G) to expand people-to-people engagement promote internationally recognized human Human Development Index. between the two countries, through in- rights, including assistance such as— (12) The 2009 Pakistani military offensive creased educational, technical, and cultural (A) supporting the establishment of frame- in the NWFP and the FATA displaced mil- exchanges and other methods; works that promote government trans- lions of residents in one of the gravest hu- (H) to encourage the development of local parency and criminalize corruption in both manitarian crises Pakistan has faced, and analytical capacity to measure program ef- the government and private sector; despite the heroic efforts of Pakistanis to re- fectiveness and progress on an integrated (B) support for police professionalization, spond to the needs of the displaced millions basis, especially across the areas of United including training regarding use of force, and facilitate the return of many, it has States assistance and payments to Pakistan, human rights, and community policing; highlighted the need for Pakistan to develop and increase accountability for how such as- (C) support for independent, efficient, and an effective national counterinsurgency sistance and payments are being spent; effective judicial and criminal justice sys- strategy. (I) to assist Pakistan’s efforts to improve tems, such as case management, training, SEC. 4. STATEMENT OF PRINCIPLES. counterterrorism financing and anti-money and efforts to enhance the rule of law to all Congress declares that the relationship be- laundering regulatory structure in order to areas in Pakistan; tween the United States and Pakistan should achieve international standards and encour- (D) support for the implementation of legal be based on the following principles: age Pakistan to apply for ‘‘Financial Action and political reforms in the FATA; (1) Pakistan is a critical friend and ally to Task Force’’ observer status and adhere to (E) support to counter the narcotics trade; the United States, both in times of strife and the United Nations International Convention (F) support for internationally recognized in times of peace, and the two countries for the Suppression of the Financing of Ter- human rights, including strengthening civil share many common goals, including com- rorism; society and nongovernmental organizations bating terrorism and violent radicalism, so- (J) to strengthen Pakistan’s counterinsur- working in the area of internationally recog- lidifying democracy and rule of law in Paki- gency and counterterrorism strategy to help nized human rights, as well as organizations stan, and promoting the social and economic prevent any territory of Pakistan from being that focus on protection of women and girls, development of Pakistan. used as a base or conduit for terrorist at- promotion of freedom of religion and reli- (2) United States assistance to Pakistan is tacks in Pakistan or elsewhere; gious tolerance, and protection of ethnic or intended to supplement, not supplant, Paki- (K) to strengthen Pakistan’s efforts to de- religious minorities; and stan’s own efforts in building a stable, se- velop strong and effective law enforcement (G) support for promotion of a responsible, cure, and prosperous Pakistan. and national defense forces under civilian capable, and independent media. (3) The United States requires a balanced, leadership; (3) To support economic freedom and eco- integrated, countrywide strategy for Paki- (L) to achieve full cooperation in matters nomic development in Pakistan, including— stan that provides assistance throughout the of counter-proliferation of nuclear materials (A) programs that support sustainable eco- country and does not disproportionately and related networks; nomic growth, including in rural areas, and

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9814 CONGRESSIONAL RECORD — SENATE September 24, 2009 the sustainable management of natural re- should be made available for assistance to $1,500,000,000 for each of the fiscal years 2010 sources through investments in water re- Pakistan under this section for police through 2014. source management systems; professionalization, equipping, and training. (b) AVAILABILITY OF FUNDS.— (B) expansion of agricultural and rural de- (2) AVAILABILITY OF AMOUNTS FOR ADMINIS- (1) IN GENERAL.—Of the amounts appro- velopment, such as farm-to-market roads, TRATIVE EXPENSES.—Up to $10,000,000 of the priated in each fiscal year pursuant to the systems to prevent spoilage and waste, and amounts appropriated for each fiscal year authorization of appropriations in subsection other small-scale infrastructure improve- pursuant to the authorization of appropria- (a)— ments; tions under section 102 may be made avail- (A) none of the amounts appropriated for (C) investments in energy, including en- able for administrative expenses of civilian assistance to Pakistan may be made avail- ergy generation and cross-border infrastruc- departments and agencies of the United able after the date that is 60 days after the ture projects with Afghanistan; States Government in connection with the date of the enactment of this Act unless the (D) employment generation, including in- provision of assistance under this section. Pakistan Assistance Strategy Report has creasing investment in infrastructure Such amounts shall be in addition to been submitted to the appropriate congres- projects, including construction of roads and amounts otherwise available for such pur- sional committees pursuant to section 301(a); the continued development of a national poses. and aviation industry and aviation infrastruc- (3) UTILIZING PAKISTANI ORGANIZATIONS.— (B) not more than $750,000,000 may be made ture, as well as support for small and me- The President is encouraged, as appropriate, available for assistance to Pakistan unless dium enterprises; to utilize Pakistani firms and community the President’s Special Representative to Af- (E) worker rights, including the right to and local nongovernmental organizations in ghanistan and Pakistan submits to the ap- form labor unions and legally enforce provi- Pakistan, including through host country propriate congressional committees during sions safeguarding the rights of workers and contracts, and to work with local leaders to such fiscal year— local community stakeholders; provide assistance under this section. (i) a certification that assistance provided (F) access to microfinance for small busi- (4) USE OF DIRECT EXPENDITURES.—Amounts to Pakistan under this title or the Foreign ness establishment and income generation, appropriated for each fiscal year pursuant to Assistance Act of 1961 to date has made or is particularly for women; and the authorization of appropriations under making reasonable progress toward achiev- (G) countering radicalization by providing section 102 or otherwise made available to ing the principal objectives of United States economic, social, educational, and voca- carry out this section shall be utilized to the assistance to Pakistan contained in the tional opportunities and life-skills training maximum extent possible as direct expendi- Pakistan Assistance Strategy Report; and to at-risk youth. tures for projects and programs, subject to (ii) a memorandum explaining the reasons (4) To support investments in people, par- existing reporting and notification require- justifying the certification described in ticularly women and children, including— ments. clause (i). (A) promoting modern, public primary and (5) CHIEF OF MISSION FUND.—Of the amounts (2) MAKER OF CERTIFICATION.—In the event secondary education and vocational and appropriated for each fiscal year pursuant to of a vacancy in, or the termination of, the technical training, including programs to as- the authorization of appropriations under position of the President’s Special Rep- sist in the development of modern, nation- section 102, up to $5,000,000 may be used by resentative to Afghanistan and Pakistan, the wide school curriculums for public, private, the Secretary of State to establish a fund for certification and memorandum described and religious schools; support for the proper use by the Chief of Mission in Pakistan to under paragraph (1)(B) may be made by the oversight of all educational institutions, in- provide assistance to Pakistan under this Secretary of State. cluding religious schools, as required by title or the Foreign Assistance Act of 1961 (22 (c) WAIVER.—The Secretary of State may Pakistani law; initiatives to enhance access U.S.C. 2151 et seq.) to address urgent needs or waive the limitations in subsection (b) if the to education and vocational and technical opportunities, consistent with the purposes Secretary determines, and certifies to the training for women and girls and to increase of this section, or for purposes of humani- appropriate congressional committees, that women’s literacy, with a special emphasis on tarian relief. The fund established pursuant it is in the national security interests of the helping girls stay in school; and construction to this paragraph may be referred to as the United States to do so. and maintenance of libraries and public ‘‘Chief of Mission Fund’’. (d) SENSE OF CONGRESS ON FOREIGN ASSIST- schools; ANCE FUNDS.—It is the sense of Congress (B) programs relating to higher education (6) SENSE OF CONGRESS.—It is the sense of Congress that— that, subject to an improving political and to ensure a breadth and consistency of Paki- economic climate in Pakistan, there should stani graduates, including through public- (A) the United States should provide ro- bust assistance to the people of Pakistan be authorized to be appropriated up to private partnerships; $1,500,000,000 for each of the fiscal years 2015 who have been displaced as a result of ongo- (C) improving quality public health to through 2019 for the purpose of providing as- ing conflict and violence in Pakistan and eliminate diseases such as hepatitis and to sistance to Pakistan under the Foreign As- support international efforts to coordinate reduce maternal and under-five mortality sistance Act of 1961. assistance to refugees and internally dis- rates; SEC. 103. AUDITING. (D) building capacity for nongovernmental placed persons in Pakistan, including by pro- viding support to international and non- (a) ASSISTANCE AUTHORIZED.—The Inspec- and civil society organizations, particularly tor General of the Department of State, the governmental organizations for this purpose; organizations with demonstrated experience Inspector General of the United States Agen- (B) the Administrator of the United States in delivering services to the people of Paki- cy for International Development, and the Agency for International Development stan, particularly to women, children, and inspectors general of other Federal depart- should support the development objectives of other vulnerable populations; and ments and agencies (other than the Inspector the Refugee Affected and Host Areas (RAHA) (E) support for refugees and internally dis- General of the Department of Defense) car- Initiative in Pakistan to address livelihoods, placed persons and long-term development in rying out programs, projects, and activities health, education, infrastructure develop- regions of Pakistan where internal conflict using amounts appropriated to carry out this ment, and environmental restoration in has caused large-scale displacement. title shall audit, investigate, and oversee the identified parts of the country where Afghan (5) To strengthen public diplomacy to com- obligation and expenditure of such amounts. bat militant extremism and promote a better refugees have lived; and (b) AUTHORIZATION FOR IN-COUNTRY PRES- understanding of the United States, includ- (C) the United States should have a coordi- ENCE.—The Inspector General of the Depart- ing— nated, strategic communications strategy to ment of State and the Inspector General of (A) encouraging civil society, respected engage the people of Pakistan and to help the United States Agency for International scholars, and other leaders to speak out ensure the success of the measures author- Development, after consultation with the against militancy and violence; and ized by this title. Secretary of State and the Administrator of (B) expanded exchange activities under the (d) NOTIFICATION.—For fiscal years 2010 the United States Agency for International Fulbright Program, the International Vis- through 2014, the President shall notify the Development, are authorized to establish itor Leadership Program, the Youth Ex- appropriate congressional committees not field offices in Pakistan with sufficient staff change and Study Program, and related pro- later than 15 days before obligating any as- from each of the Offices of the Inspector grams administered by the Department of sistance under this section as budgetary sup- General, respectively, to carry out sub- State designed to promote mutual under- port to the Government of Pakistan or any section (a). standing and interfaith dialogue and expand element of the Government of Pakistan and (c) AUTHORIZATION OF APPROPRIATIONS.— sister institution programs between United shall include in such notification a descrip- (1) IN GENERAL.—Of the amounts author- States and Pakistani schools and univer- tion of the purpose and conditions attached ized to be appropriated under section 102 for sities. to any such budgetary support. each of the fiscal years 2010 through 2014, up (c) ADDITIONAL AND RELATED ACTIVITIES.— SEC. 102. AUTHORIZATION OF APPROPRIATIONS. to $30,000,000 for each fiscal year is author- (1) AVAILABILITY OF AMOUNTS FOR PAKI- (a) IN GENERAL.—There are authorized to ized to be made available to carry out this STANI POLICE PROFESSIONALIZATION, EQUIP- be appropriated to the President, for the pur- section. PING, AND TRAINING.—Not less than poses of providing assistance to Pakistan (2) RELATION TO OTHER AVAILABLE FUNDS.— $150,000,000 of the amounts appropriated for under this title and to provide assistance to Amounts made available under paragraph (1) fiscal year 2010 pursuant to the authoriza- Pakistan under the Foreign Assistance Act are in addition to amounts otherwise avail- tion of appropriations under section 102 of 1961 (22 U.S.C. 2151 et seq.), up to able for such purposes.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9815 TITLE II—SECURITY ASSISTANCE FOR the Foreign Assistance Act of 1961 (22 U.S.C. taking into account the extent to which the PAKISTAN 2403). Government of Pakistan has made progress SEC. 201. PURPOSES OF ASSISTANCE. (c) SENSE OF CONGRESS.—It is the sense of on matters such as— The purposes of assistance under this title Congress that the United States should fa- (A) ceasing support, including by any ele- are— cilitate Pakistan’s establishment of a pro- ments within the Pakistan military or its in- (1) to support Pakistan’s paramount na- gram to provide reconstruction assistance, telligence agency, to extremist and terrorist tional security need to fight and win the on- including through Pakistan’s military as ap- groups, particularly to any group that has going counterinsurgency within its borders propriate, in areas damaged by combat oper- conducted attacks against United States or in accordance with its national security in- ations. coalition forces in Afghanistan, or against terests; (d) EXCHANGE PROGRAM BETWEEN MILITARY the territory or people of neighboring coun- (2) to work with the Government of Paki- AND CIVILIAN PERSONNEL OF PAKISTAN AND tries; stan to improve Pakistan’s border security CERTAIN OTHER COUNTRIES.— (B) preventing al Qaeda, the Taliban and and control and help prevent any Pakistani (1) IN GENERAL.—The Secretary of State is associated terrorist groups, such as Lashkar- territory from being used as a base or con- authorized to establish an exchange program e-Taiba and Jaish-e-Mohammed, from oper- duit for terrorist attacks in Pakistan, or between— ating in the territory of Pakistan, including elsewhere; (A) military and civilian personnel of carrying out cross-border attacks into neigh- (3) to work in close cooperation with the Pakistan; and boring countries, closing terrorist camps in Government of Pakistan to coordinate ac- (B)(i) military and civilian personnel of the FATA, dismantling terrorist bases of op- tion against extremist and terrorist targets; countries determined by the Secretary of erations in other parts of the country, in- and State to be in the process of consolidating cluding Quetta and Muridke, and taking ac- (4) to help strengthen the institutions of and strengthening a democratic form of gov- tion when provided with intelligence about democratic governance and promote control ernment; or high-level terrorist targets; and of military institutions by a democratically (ii) military and civilian personnel of (C) strengthening counterterrorism and elected civilian government. North Atlantic Treaty Organization member anti-money laundering laws; and SEC. 202. AUTHORIZATION OF ASSISTANCE. countries, (3) the security forces of Pakistan are not (a) INTERNATIONAL MILITARY EDUCATION in order to foster greater mutual respect for materially and substantially subverting the AND TRAINING.— and understanding of the principle of civilian political or judicial processes of Pakistan. rule of the military. (1) IN GENERAL.—There are authorized to be (d) CERTAIN PAYMENTS.— (2) ELEMENTS OF PROGRAM.—The program appropriated such sums as may be necessary (1) IN GENERAL.—Subject to paragraph (2), for each of the fiscal years 2010 through 2014 authorized under paragraph (1) may include none of the funds appropriated for security- for assistance under chapter 5 of part II of conferences, seminars, exchanges, and other related assistance for fiscal years 2010 the Foreign Assistance Act of 1961 (22 U.S.C. events, distribution of publications and re- through 2014, or any amounts appropriated 2347 et seq.; relating to international mili- imbursements of expenses of foreign military to the Pakistan Counterinsurgency Capa- tary education and training) for Pakistan, personnel participating in the program, in- bility Fund established under the Supple- including expanded international military cluding transportation, translation and ad- mental Appropriations Act, 2009 (Public Law education and training (commonly known as ministrative expenses. 111–32), may be obligated or expended to ‘‘E–IMET’’). (3) ROLE OF NONGOVERNMENTAL ORGANIZA- make payments relating to— (2) USE OF FUNDS.—It is the sense of Con- TIONS.—Amounts authorized to be appro- (A) the Letter of Offer and Acceptance PK– gress that a substantial amount of funds priated to carry out this section for a fiscal D–YAD signed between the Governments of made available to carry out this subsection year are authorized to be made available for the United States of America and Pakistan for a fiscal year should be used to pay for nongovernmental organizations to facilitate on September 30, 2006; courses of study and training in counter- the implementation of the program author- (B) the Letter of Offer and Acceptance PK– insurgency and civil-military relations. ized under paragraph (1). D–NAP signed between the Governments of (b) FOREIGN MILITARY FINANCING PRO- (4) AUTHORIZATION OF APPROPRIATIONS.— the United States of America and Pakistan GRAM.— There are authorized to be appropriated such on September 30, 2006; and (1) IN GENERAL.—There are authorized to be sums as may be necessary for each of the fis- (C) the Letter of Offer and Acceptance PK– appropriated such sums as may be necessary cal years 2010 through 2014 to carry out the D–SAF signed between the Governments of for each of the fiscal years 2010 through 2014 program established by this subsection. the United States of America and Pakistan for grant assistance under section 23 of the SEC. 203. LIMITATIONS ON CERTAIN ASSISTANCE. on September 30, 2006. Arms Export Control Act (22 U.S.C. 2763; re- (a) LIMITATION ON SECURITY-RELATED AS- (2) EXCEPTION.—Funds appropriated for se- lating to the Foreign Military Financing SISTANCE.—For fiscal years 2011 through 2014, curity-related assistance for fiscal years 2010 program) for the purchase of defense arti- no security-related assistance may be pro- through 2014 may be used for construction cles, defense services, and military education vided to Pakistan in a fiscal year until the and related activities carried out pursuant and training for Pakistan. Secretary of State, under the direction of to the Letters of Offer and Acceptance de- (2) USE OF FUNDS.— the President, makes the certification re- scribed in paragraph (1). (A) IN GENERAL.—A significant portion of quired under subsection (c) for such fiscal (e) WAIVER.— the amount made available to carry out this year. (1) IN GENERAL.—The Secretary of State, subsection for a fiscal year shall be for the (b) LIMITATION ON ARMS TRANSFERS.—For under the direction of the President, may purchase of defense articles, defense services, fiscal years 2012 through 2014, no letter of waive the limitations contained in sub- and military education and training for ac- offer to sell major defense equipment to sections (a), (b), and (d) for a fiscal year if tivities relating to counterinsurgency and Pakistan may be issued pursuant to the the Secretary of State determines that is im- counterterrorism operations in Pakistan. Arms Export Control Act (22 U.S.C. 2751 et portant to the national security interests of (B) SENSE OF CONGRESS.—It is the sense of seq.) and no license to export major defense the United States to do so. Congress that a significant majority of funds equipment to Pakistan may be issued pursu- (2) PRIOR NOTICE OF WAIVER.—The Sec- made available to carry out this subsection ant to such Act in a fiscal year until the Sec- retary of State, under the direction of the for a fiscal year should be used for the pur- retary of State, under the direction of the President, may not exercise the authority of pose described in subparagraph (A). President, makes the certification required paragraph (1) until 7 days after the Secretary (3) ADDITIONAL AUTHORITY.—Except as pro- under subsection (c) for such fiscal year. of State provides to the appropriate congres- vided in sections 3 and 102 of the Arms Ex- (c) CERTIFICATION.—The certification re- sional committees a written notice of the in- port Control Act, the second section 620J of quired by this subsection is a certification tent to issue to waiver and the reasons the Foreign Assistance Act of 1961 (as added by the Secretary of State, under the direc- therefor. The notice may be submitted in by Public Law 110–161), and any provision of tion of the President, to the appropriate con- classified or unclassified form, as necessary. an Act making appropriations for the De- gressional committees that— partment of State, foreign operations, and (1) the Government of Pakistan is con- (f) APPROPRIATE CONGRESSIONAL COMMIT- related programs that restricts assistance to tinuing to cooperate with the United States TEES DEFINED.—In this section, the term the government of any country whose duly in efforts to dismantle supplier networks re- ‘‘appropriate congressional committees’’ elected head of government is deposed by lating to the acquisition of nuclear weapons- means— military coup or decree, and except as other- related materials, such as providing relevant (1) the Committee on Foreign Affairs, the wise provided in this title, amounts author- information from or direct access to Paki- Committee on Armed Services, the Com- ized to be made available to carry out para- stani nationals associated with such net- mittee on Oversight and Government Re- graph (2) for fiscal years 2010 and 2011 are au- works; form, and the Permanent Select Committee thorized to be made available notwith- (2) the Government of Pakistan during the on Intelligence of the House of Representa- standing any other provision of law. preceding fiscal year has demonstrated a sus- tives; and (4) DEFINITIONS.—In this section, the terms tained commitment to and is making signifi- (2) the Committee on Foreign Relations, ‘‘defense articles’’, ‘‘defense services’’, and cant efforts towards combating terrorist the Committee on Armed Services, and the ‘‘military education and training’’ have the groups, consistent with the purposes of as- Select Committee on Intelligence of the Sen- meaning given such terms in section 644 of sistance described in section 201, including ate.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9816 CONGRESSIONAL RECORD — SENATE September 24, 2009 SEC. 204. PAKISTAN COUNTERINSURGENCY CA- shall ensure that civilian authorities of a ci- to achieve the purposes of section 101 and the PABILITY FUND. vilian government of Pakistan have received respective funding levels for such programs, (a) FOR FISCAL YEAR 2010.— a copy of final documentation provided to projects, and activities for fiscal years 2010 (1) IN GENERAL.—For fiscal year 2010, the the United States related to non-assistance through 2014. Department of State’s Pakistan Counter- payments provided or made to the Govern- (3) A plan for program monitoring, oper- insurgency Capability Fund established ment of Pakistan. ations research, and impact evaluation re- under the Supplemental Appropriations Act, (b) WAIVER.— search for assistance authorized under title I 2009 (Public Law 111–32), hereinafter in this (1) SECURITY-RELATED ASSISTANCE.—The of this Act. section referred to as the ‘‘Fund’’, shall con- Secretary of State, in consultation with the (4) A description of the role to be played by sist of the following: Secretary of Defense, may waive the require- Pakistani national, regional, and local offi- (A) Amounts appropriated to carry out this ments of subsection (a) with respect to secu- cials and members of Pakistani civil society subsection (which may not include any rity-related assistance described in sub- and local private sector, civic, religious, and amounts appropriated to carry out title I of section (a) funded from accounts within tribal leaders in helping to identify and im- this Act). budget function 150 (International Affairs) if plement programs and projects for which as- (B) Amounts otherwise available to the the Secretary of State certifies to the appro- sistance is to be provided under this Act, and Secretary of State to carry out this sub- priate congressional committees that the of consultations with such representatives in section. waiver is important to the national security developing the strategy. (2) PURPOSES OF FUND.—Amounts in the interest of the United States. (5) A description of the steps taken, or to Fund made available to carry out this sub- (2) NON-ASSISTANCE PAYMENTS.—The Sec- be taken, to ensure assistance provided section for any fiscal year are authorized to retary of Defense, in consultation with the under this Act is not awarded to individuals be used by the Secretary of State, with the Secretary of State, may waive the require- or entities affiliated with terrorist organiza- concurrence of the Secretary of Defense, to ments of subsection (a) with respect to non- tions. build and maintain the counterinsurgency assistance payments described in subsection (6) A projection of the levels of assistance capability of Pakistan under the same terms (a) funded from accounts within budget func- to be provided to Pakistan under this Act, and conditions (except as otherwise provided tion 050 (National Defense) if the Secretary broken down into the following categories as in this subsection) that are applicable to of Defense certifies to the appropriate con- described in the annual ‘‘Report on the Cri- amounts made available under the Fund for gressional committees that the waiver is im- teria and Methodology for Determining the fiscal year 2009. portant to the national security interest of Eligibility of Candidate Countries for Millen- the United States. (3) TRANSFER AUTHORITY.— nium Challenge Account Assistance’’: (c) APPLICATION TO CERTAIN ACTIVITIES.— (A) IN GENERAL.—The Secretary of State is (A) Civil liberties. authorized to transfer amounts in the Fund Nothing in this section shall apply with re- spect to— (B) Political rights. made available to carry out this subsection (C) Voice and accountability. for any fiscal year to the Department of De- (1) any activities subject to reporting re- quirements under title V of the National Se- (D) Government effectiveness. fense’s Pakistan Counterinsurgency Fund es- (E) Rule of law. tablished under the Supplemental Appropria- curity Act of 1947 (50 U.S.C. 413 et seq.); (2) any assistance to promote democratic (F) Control of corruption. tions Act, 2009 (Public Law 111–32) and such (G) Immunization rates. amounts may be transferred back to the elections or public participation in demo- cratic processes; (H) Public expenditure on health. Fund if the Secretary of Defense, with the (I) Girls’ primary education completion concurrence of the Secretary of State, deter- (3) any assistance or payments if the Sec- retary of State determines and certifies to rate. mines that such amounts are not needed for (J) Public expenditure on primary edu- the purposes for which initially transferred. the appropriate congressional committees that subsequent to the termination of assist- cation. (B) TREATMENT OF TRANSFERRED FUNDS.— ance or payments a democratically elected (K) Natural resource management. Subject to subsections (d) and (e) of section (L) Business start-up. 203, transfers from the Fund under the au- government has taken office; (4) any assistance or payments made pur- (M) Land rights and access. thority of subparagraph (A) shall be merged (N) Trade policy. with and be available for the same purposes suant to section 1208 of the Ronald W. Reagan National Defense Authorization Act (O) Regulatory quality. and for the same time period as amounts in for Fiscal Year 2005 (Public Law 108–375; 118 (P) Inflation control. the Department of Defense’s Pakistan Coun- Stat. 2086), as amended; (Q) Fiscal policy. terinsurgency Fund. (5) any payments made pursuant to the Ac- (7) An analysis for the suitable replace- (C) RELATION TO OTHER AUTHORITIES.—The quisition and Cross-Servicing Agreement be- ment for existing Pakistani helicopters, in- authority to provide assistance under this tween the Department of Defense of the cluding recommendations for sustainment subsection is in addition to any other au- United States of America and the Ministry and training. thority to provide assistance to foreign of Defense of the Islamic Republic of Paki- countries. (b) COMPREHENSIVE REGIONAL STRATEGY stan; and REPORT.— (D) NOTIFICATION.—The Secretary of State (6) any assistance or payments made pur- shall, not less than 15 days prior to making (1) SENSE OF CONGRESS.—It is the sense of suant to section 943 of the Duncan Hunter transfers from the Fund under subparagraph Congress that the achievement of United National Defense Authorization Act for Fis- (A), notify the appropriate congressional States national security goals to eliminate cal Year 2009 (Public Law 110–417; 122 Stat. committees in writing of the details of any terrorist threats and close safe havens in 4578). such transfer. Pakistan requires the development of a com- (d) DEFINITIONS.—In this section— (b) SUBMISSION OF NOTIFICATIONS.—Any no- prehensive plan that utilizes all elements of (1) the term ‘‘appropriate congressional tification required by this section may be national power, including in coordination submitted in classified or unclassified form, committees’’ means the Committees on Ap- and cooperation with other concerned gov- as necessary. propriations, Armed Services, and Foreign ernments, and that it is critical to Paki- (c) APPROPRIATE CONGRESSIONAL COMMIT- Affairs of the House of Representatives and stan’s long-term prosperity and security to TEES DEFINED.—In this section, the term the Committees on Appropriations, Armed strengthen regional relationships among ‘‘appropriate congressional committees’’ Services, and Foreign Relations of the Sen- India, Pakistan, and Afghanistan. means— ate; and (2) COMPREHENSIVE REGIONAL SECURITY (1) the Committee on Appropriations, the (2) the term ‘‘civilian government of Paki- STRATEGY.—The President shall develop a Committee on Armed Services, and the Com- stan’’ does not include any government of comprehensive interagency regional security mittee on Foreign Affairs of the House of Pakistan whose duly elected head of govern- strategy to eliminate terrorist threats and Representatives; and ment is deposed by military coup or decree. close safe havens in Pakistan, including by (2) the Committee on Appropriations, the TITLE III—STRATEGY, ACCOUNTABILITY, working with the Government of Pakistan Committee on Armed Services, and the Com- MONITORING, AND OTHER PROVISIONS and other relevant governments and organi- mittee on Foreign Relations of the Senate. SEC. 301. STRATEGY REPORTS. zations in the region and elsewhere, as ap- SEC. 205. REQUIREMENTS FOR CIVILIAN CON- (a) PAKISTAN ASSISTANCE STRATEGY RE- propriate, to best implement effective coun- TROL OF CERTAIN ASSISTANCE. PORT.—Not later than 45 days after the date terinsurgency and counterterrorism efforts (a) REQUIREMENTS.— of enactment of this Act, the Secretary of in and near the border areas of Pakistan and (1) IN GENERAL.—For fiscal years 2010 State shall submit to the appropriate con- Afghanistan, including the FATA, the through 2014, any direct cash security-re- gressional committees a report describing NWFP, parts of Balochistan, and parts of lated assistance or non-assistance payments United States policy and strategy with re- Punjab. by the United States to the Government of spect to assistance to Pakistan under this (3) REPORT.— Pakistan may only be provided or made to Act. The report shall include the following: (A) IN GENERAL.—Not later than 180 days civilian authorities of a civilian government (1) A description of the principal objectives after the date of the enactment of this Act, of Pakistan. of United States assistance to Pakistan to be the President shall submit to the appro- (2) DOCUMENTATION.—For fiscal years 2010 provided under title I of this Act. priate congressional committees a report on through 2014, the Secretary of State, in co- (2) A general description of the specific the comprehensive regional security strat- ordination with the Secretary of Defense, programs, projects, and activities designed egy required under paragraph (2).

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(B) CONTENTS.—The report shall include a (7) any incidents or reports of waste, fraud, (C) a detailed description of the expendi- copy of the comprehensive regional security and abuse of expenditures under title I of tures made by Pakistan pursuant to grant strategy, including specifications of goals, this Act; assistance under section 23 of the Arms Ex- and proposed timelines and budgets for im- (8) the amount of funds authorized to be port Control Act (22 U.S.C. 2763; relating to plementation of the strategy. appropriated pursuant to section 102 that the Foreign Military Financing program); (C) APPROPRIATE CONGRESSIONAL COMMIT- were used during the reporting period for ad- and TEES DEFINED.—In this paragraph, the term ministrative expenses or for audits and pro- (D) an assessment of the impact of the as- ‘‘appropriate congressional committees’’ gram reviews pursuant to the authority sistance on the security and stability of means— under sections 101(c)(2) and 103; Pakistan. (i) the Committee on Appropriations, the (9) a description of the expenditures made (2) CERTIFICATION REPORT.—Not later than Committee on Armed Services, the Com- from any Chief of Mission Fund established 120 days after the date on which the Presi- mittee on Foreign Affairs, and the Perma- pursuant to section 101(c)(5) during the pe- dent makes the certification described in nent Select Committee on Intelligence of the riod covered by the report, the purposes for section 203(c) for a fiscal year, the Comp- House of Representatives; and which such expenditures were made, and a troller General of the United States shall (ii) the Committee on Appropriations, the list of the recipients of any expenditures conduct an independent analysis of the cer- Committee on Armed Services, the Com- from the Chief of Mission Fund in excess of tification described in such section and shall mittee on Foreign Relations, and the Select $100,000; submit to the appropriate congressional Committee on Intelligence of the Senate. (10) an accounting of assistance provided to committees a report containing the results of the independent analysis. (c) SECURITY-RELATED ASSISTANCE PLAN.— Pakistan under title I of this Act, broken down into the categories set forth in section (c) SUBMISSION.—The Secretary of State Not later than 180 days after the date of the may submit the reports required by this sec- enactment of this Act, the Secretary of 301(a)(6); (11) an evaluation of efforts undertaken by tion in conjunction with other reports relat- State shall submit to the appropriate con- ing to Pakistan required under other provi- gressional committees a plan for the pro- the Government of Pakistan to— (A) disrupt, dismantle, and defeat al Qaeda, sions of law, including sections 1116 and 1117 posed use of amounts authorized for secu- of the Supplemental Appropriations Act, 2009 the Taliban, and other extremist and ter- rity-related assistance for each of the fiscal (Public Law 111–32; 123 Stat. 1906 and 1907). rorist groups in the FATA and settled areas; years 2010 through 2014. Such plan shall in- (d) APPROPRIATE CONGRESSIONAL COMMIT- (B) eliminate the safe havens of such forces clude an assessment of how the use of such TEES DEFINED.—In this section, the term amounts complements or otherwise is re- in Pakistan; ‘‘appropriate congressional committees’’ lated to amounts described in section 204. (C) close terrorist camps, including those means— of Lashkar-e-Taiba and Jaish-e-Mohammed; (1) the Committee on Appropriations, the SEC. 302. MONITORING REPORTS. (D) cease all support for extremist and ter- Committee on Armed Services, and the Com- (a) SEMI-ANNUAL MONITORING REPORT.—Not rorist groups; mittee on Foreign Affairs of the House of later than 180 days after the submission of (E) prevent attacks into neighboring coun- Representatives; and the Pakistan Assistance Strategy Report tries; (2) the Committee on Appropriations, the pursuant to section 301(a), and every 180 days (F) increase oversight over curriculum in Committee on Armed Services, and the Com- thereafter through September 30, 2014, the madrassas, including closing madrassas with mittee on Foreign Relations of the Senate. direct links to the Taliban or other extrem- Secretary of State, in consultation with the f Secretary of Defense, shall submit to the ap- ist and terrorist groups; and propriate congressional committees a report (G) improve counterterrorism financing DEPARTMENT OF DEFENSE that describes the assistance provided under and anti-money laundering laws, apply for APPROPRIATIONS ACT, 2010 observer status for the Financial Action this Act during the preceding 180-day period. The PRESIDING OFFICER. The ma- The report shall include— Task Force, and take steps to adhere to the United Nations International Convention for jority leader. (1) a description of all assistance by pro- Mr. REID. I ask unanimous consent gram, project, and activity, as well as by ge- the Suppression of Financing of Terrorism; ographic area, provided pursuant to title I of (12) a detailed description of Pakistan’s ef- that the Senate proceed to the consid- this Act during the period covered by the re- forts to prevent proliferation of nuclear-re- eration of Calendar No. 159, H.R. 3326, port, including the amount of assistance pro- lated material and expertise; the Defense Department Appropria- vided for each program or project, and with (13) an assessment of whether assistance tions Act; that once the bill is re- respect to the first report a description of all provided to Pakistan has directly or indi- ported, the Senate then proceed to a amounts made available for assistance to rectly aided the expansion of Pakistan’s nu- period of morning business. Pakistan during fiscal year 2009, including a clear weapons program, whether by the di- The PRESIDING OFFICER. Without description of each program, project, and ac- version of United States assistance or the re- objection, it is so ordered. tivity for which funds were made available; allocation of Pakistan’s financial resources The clerk will report. (2) a list of persons or entities from the that would otherwise be spent for programs and activities unrelated to its nuclear weap- The assistant legislative clerk read United States or other countries that have as follows: received funds in excess of $100,000 to con- ons program; A bill (H.R. 3326) making appropriations duct projects under title I of this Act during (14) a detailed description of the extent to for the Department of Defense for the fiscal the period covered by the report, which may which funds obligated and expended pursuant year ending September 30, 2010, and for other be included in a classified annex, if necessary to section 202(b) meet the requirements of purposes. to avoid a security risk, and a justification such section; and for the classification; (15) an assessment of the extent to which The Senate proceeded to consider the (3) with respect to the plan described in the Government of Pakistan exercises effec- bill which had been reported from the section 301(a)(3), updates to such plan and a tive civilian control of the military, includ- Committee on Appropriations with an description of best practices to improve the ing a description of the extent to which civil- amendment to strike all after the en- impact of the assistance authorized under ian executive leaders and parliament exer- acting clause and insert in lieu thereof title I of this Act; cise oversight and approval of military budg- the following: ets, the chain of command, the process of (4) an assessment of the effectiveness of as- That the following sums are appropriated, out sistance provided under title I of this Act promotion for senior military leaders, civil- ian involvement in strategic guidance and of any money in the Treasury not otherwise ap- during the period covered by the report in propriated, for the fiscal year ending September achieving desired objectives and outcomes as planning, and military involvement in civil administration. 30, 2010, for military functions administered by guided by the plan described in section the Department of Defense and for other pur- 301(a)(3), and as updated pursuant to para- (b) GOVERNMENT ACCOUNTABILITY OFFICE poses, namely: graph (3) of this subsection, including a sys- REPORTS.— TITLE I tematic, qualitative, and where possible, (1) PAKISTAN ASSISTANCE STRATEGY RE- quantitative basis for assessing whether de- PORT.—Not later than one year after the sub- MILITARY PERSONNEL sired outcomes are achieved and a timeline mission of the Pakistan Assistance Strategy MILITARY PERSONNEL, ARMY for completion of each project and program; Report pursuant to section 301(a), the Comp- For pay, allowances, individual clothing, sub- (5) a description of any shortfall in United troller General of the United States shall sistence, interest on deposits, gratuities, perma- States financial, physical, technical, or submit to the appropriate congressional nent change of station travel (including all ex- human resources that hinder the effective committees a report that contains— penses thereof for organizational movements), use and monitoring of such funds; (A) a review of, and comments addressing, and expenses of temporary duty travel between (6) a description of any negative impact, the Pakistan Assistance Strategy Report; permanent duty stations, for members of the including the absorptive capacity of the re- (B) recommendations relating to any addi- Army on active duty, (except members of reserve gion for which the resources are intended, of tional actions the Comptroller General be- components provided for elsewhere), cadets, and United States bilateral or multilateral as- lieves could help improve the efficiency and aviation cadets; for members of the Reserve Offi- sistance and recommendations for modifica- effectiveness of United States efforts to meet cers’ Training Corps; and for payments pursu- tion of funding, if any; the objectives of this Act; ant to section 156 of Public Law 97–377, as

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9818 CONGRESSIONAL RECORD — SENATE September 24, 2009 amended (42 U.S.C. 402 note), and to the De- Code, or while undergoing reserve training, or Air Force, as authorized by law; and not to ex- partment of Defense Military Retirement Fund, while performing drills or equivalent duty, and ceed $7,699,000 can be used for emergencies and $41,267,448,000. for members of the Marine Corps platoon leaders extraordinary expenses, to be expended on the MILITARY PERSONNEL, NAVY class, and expenses authorized by section 16131 approval or authority of the Secretary of the Air For pay, allowances, individual clothing, sub- of title 10, United States Code; and for payments Force, and payments may be made on his certifi- sistence, interest on deposits, gratuities, perma- to the Department of Defense Military Retire- cate of necessity for confidential military pur- nent change of station travel (including all ex- ment Fund, $611,500,000. poses, $33,739,447,000. penses thereof for organizational movements), RESERVE PERSONNEL, AIR FORCE OPERATION AND MAINTENANCE, DEFENSE-WIDE and expenses of temporary duty travel between For pay, allowances, clothing, subsistence, (INCLUDING TRANSFER OF FUNDS) permanent duty stations, for members of the gratuities, travel, and related expenses for per- Navy on active duty (except members of the Re- sonnel of the Air Force Reserve on active duty For expenses, not otherwise provided for, nec- serve provided for elsewhere), midshipmen, and under sections 10211, 10305, and 8038 of title 10, essary for the operation and maintenance of ac- aviation cadets; for members of the Reserve Offi- United States Code, or while serving on active tivities and agencies of the Department of De- cers’ Training Corps; and for payments pursu- duty under section 12301(d) of title 10, United fense (other than the military departments), as ant to section 156 of Public Law 97–377, as States Code, in connection with performing duty authorized by law, $28,205,050,000: Provided, amended (42 U.S.C. 402 note), and to the De- specified in section 12310(a) of title 10, United That not more than $50,000,000 may be used for partment of Defense Military Retirement Fund, States Code, or while undergoing reserve train- the Combatant Commander Initiative Fund au- $25,440,472,000. ing, or while performing drills or equivalent thorized under section 166a of title 10, United States Code: Provided further, That not to ex- MILITARY PERSONNEL, MARINE CORPS duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and ceed $36,000,000 can be used for emergencies and For pay, allowances, individual clothing, sub- extraordinary expenses, to be expended on the sistence, interest on deposits, gratuities, perma- for payments to the Department of Defense Mili- tary Retirement Fund, $1,584,712,000. approval or authority of the Secretary of De- nent change of station travel (including all ex- fense, and payments may be made on his certifi- NATIONAL GUARD PERSONNEL, ARMY penses thereof for organizational movements), cate of necessity for confidential military pur- and expenses of temporary duty travel between For pay, allowances, clothing, subsistence, poses: Provided further, That of the funds pro- permanent duty stations, for members of the gratuities, travel, and related expenses for per- vided under this heading, not less than Marine Corps on active duty (except members of sonnel of the Army National Guard while on $29,732,000 shall be made available for the Pro- the Reserve provided for elsewhere); and for duty under section 10211, 10302, or 12402 of title curement Technical Assistance Cooperative payments pursuant to section 156 of Public Law 10 or section 708 of title 32, United States Code, Agreement Program, of which not less than 97–377, as amended (42 U.S.C. 402 note), and to or while serving on duty under section 12301(d) $3,600,000 shall be available for centers defined the Department of Defense Military Retirement of title 10 or section 502(f) of title 32, United in 10 U.S.C. 2411(1)(D): Provided further, That Fund, $12,883,790,000. States Code, in connection with performing duty none of the funds appropriated or otherwise MILITARY PERSONNEL, AIR FORCE specified in section 12310(a) of title 10, United made available by this Act may be used to plan For pay, allowances, individual clothing, sub- States Code, or while undergoing training, or or implement the consolidation of a budget or sistence, interest on deposits, gratuities, perma- while performing drills or equivalent duty or appropriations liaison office of the Office of the nent change of station travel (including all ex- other duty, and expenses authorized by section Secretary of Defense, the office of the Secretary penses thereof for organizational movements), 16131 of title 10, United States Code; and for of a military department, or the service head- and expenses of temporary duty travel between payments to the Department of Defense Military quarters of one of the Armed Forces into a legis- permanent duty stations, for members of the Air Retirement Fund, $7,535,088,000. lative affairs or legislative liaison office: Pro- Force on active duty (except members of reserve NATIONAL GUARD PERSONNEL, AIR FORCE vided further, That $6,667,000, to remain avail- components provided for elsewhere), cadets, and For pay, allowances, clothing, subsistence, able until expended, is available only for ex- aviation cadets; for members of the Reserve Offi- gratuities, travel, and related expenses for per- penses relating to certain classified activities, cers’ Training Corps; and for payments pursu- sonnel of the Air National Guard on duty under and may be transferred as necessary by the Sec- ant to section 156 of Public Law 97–377, as section 10211, 10305, or 12402 of title 10 or section retary to operation and maintenance appropria- amended (42 U.S.C. 402 note), and to the De- 708 of title 32, United States Code, or while serv- tions or research, development, test and evalua- partment of Defense Military Retirement Fund, ing on duty under section 12301(d) of title 10 or tion appropriations, to be merged with and to be $26,378,761,000. section 502(f) of title 32, United States Code, in available for the same time period as the appro- RESERVE PERSONNEL, ARMY connection with performing duty specified in priations to which transferred: Provided fur- For pay, allowances, clothing, subsistence, section 12310(a) of title 10, United States Code, ther, That any ceiling on the investment item gratuities, travel, and related expenses for per- or while undergoing training, or while per- unit cost of items that may be purchased with sonnel of the Army Reserve on active duty forming drills or equivalent duty or other duty, operation and maintenance funds shall not under sections 10211, 10302, and 3038 of title 10, and expenses authorized by section 16131 of title apply to the funds described in the preceding United States Code, or while serving on active 10, United States Code; and for payments to the proviso: Provided further, That the transfer au- duty under section 12301(d) of title 10, United Department of Defense Military Retirement thority provided under this heading is in addi- States Code, in connection with performing duty Fund, $2,923,599,000. tion to any other transfer authority provided specified in section 12310(a) of title 10, United TITLE II elsewhere in this Act. States Code, or while undergoing reserve train- OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY RESERVE ing, or while performing drills or equivalent OPERATION AND MAINTENANCE, ARMY For expenses, not otherwise provided for, nec- duty or other duty, and expenses authorized by For expenses, not otherwise provided for, nec- essary for the operation and maintenance, in- section 16131 of title 10, United States Code; and essary for the operation and maintenance of the cluding training, organization, and administra- for payments to the Department of Defense Mili- Army, as authorized by law; and not to exceed tion, of the Army Reserve; repair of facilities tary Retirement Fund, $4,286,656,000. $12,478,000 can be used for emergencies and ex- and equipment; hire of passenger motor vehicles; RESERVE PERSONNEL, NAVY traordinary expenses, to be expended on the ap- travel and transportation; care of the dead; re- For pay, allowances, clothing, subsistence, proval or authority of the Secretary of the cruiting; procurement of services, supplies, and gratuities, travel, and related expenses for per- Army, and payments may be made on his certifi- equipment; and communications, $2,582,624,000. sonnel of the Navy Reserve on active duty under cate of necessity for confidential military pur- OPERATION AND MAINTENANCE, NAVY RESERVE section 10211 of title 10, United States Code, or poses, $30,667,886,000. For expenses, not otherwise provided for, nec- while serving on active duty under section OPERATION AND MAINTENANCE, NAVY 12301(d) of title 10, United States Code, in con- essary for the operation and maintenance, in- For expenses, not otherwise provided for, nec- nection with performing duty specified in sec- cluding training, organization, and administra- essary for the operation and maintenance of the tion 12310(a) of title 10, United States Code, or tion, of the Navy Reserve; repair of facilities Navy and the Marine Corps, as authorized by while undergoing reserve training, or while per- and equipment; hire of passenger motor vehicles; law; and not to exceed $14,657,000 can be used forming drills or equivalent duty, and expenses travel and transportation; care of the dead; re- for emergencies and extraordinary expenses, to authorized by section 16131 of title 10, United cruiting; procurement of services, supplies, and be expended on the approval or authority of the States Code; and for payments to the Depart- equipment; and communications, $1,272,501,000. Secretary of the Navy, and payments may be ment of Defense Military Retirement Fund, OPERATION AND MAINTENANCE, MARINE CORPS made on his certificate of necessity for confiden- $1,905,166,000. RESERVE tial military purposes, $34,773,497,000. RESERVE PERSONNEL, MARINE CORPS OPERATION AND MAINTENANCE, MARINE CORPS For expenses, not otherwise provided for, nec- For pay, allowances, clothing, subsistence, essary for the operation and maintenance, in- gratuities, travel, and related expenses for per- For expenses, not otherwise provided for, nec- cluding training, organization, and administra- sonnel of the Marine Corps Reserve on active essary for the operation and maintenance of the tion, of the Marine Corps Reserve; repair of fa- duty under section 10211 of title 10, United Marine Corps, as authorized by law, cilities and equipment; hire of passenger motor States Code, or while serving on active duty $5,435,923,000. vehicles; travel and transportation; care of the under section 12301(d) of title 10, United States OPERATION AND MAINTENANCE, AIR FORCE dead; recruiting; procurement of services, sup- Code, in connection with performing duty speci- For expenses, not otherwise provided for, nec- plies, and equipment; and communications, fied in section 12310(a) of title 10, United States essary for the operation and maintenance of the $219,425,000.

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OPERATION AND MAINTENANCE, AIR FORCE That the Secretary of the Navy shall, upon de- all or part of the funds transferred from this ap- RESERVE termining that such funds are required for envi- propriation are not necessary for the purposes For expenses, not otherwise provided for, nec- ronmental restoration, reduction and recycling provided herein, such amounts may be trans- essary for the operation and maintenance, in- of hazardous waste, removal of unsafe buildings ferred back to this appropriation: Provided fur- cluding training, organization, and administra- and debris of the Department of the Navy, or for ther, That the transfer authority provided tion, of the Air Force Reserve; repair of facilities similar purposes, transfer the funds made avail- under this heading is in addition to any other and equipment; hire of passenger motor vehicles; able by this appropriation to other appropria- transfer authority provided elsewhere in this travel and transportation; care of the dead; re- tions made available to the Department of the Act. cruiting; procurement of services, supplies, and Navy, to be merged with and to be available for OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC equipment; and communications, $3,085,700,000. the same purposes and for the same time period AID as the appropriations to which transferred: Pro- OPERATION AND MAINTENANCE, ARMY NATIONAL For expenses relating to the Overseas Human- vided further, That upon a determination that GUARD itarian, Disaster, and Civic Aid programs of the all or part of the funds transferred from this ap- For expenses of training, organizing, and ad- Department of Defense (consisting of the pro- propriation are not necessary for the purposes ministering the Army National Guard, including grams provided under sections 401, 402, 404, 407, provided herein, such amounts may be trans- medical and hospital treatment and related ex- 2557, and 2561 of title 10, United States Code), ferred back to this appropriation: Provided fur- penses in non-Federal hospitals; maintenance, $109,869,000, to remain available until September ther, That the transfer authority provided operation, and repairs to structures and facili- 30, 2011. under this heading is in addition to any other ties; hire of passenger motor vehicles; personnel transfer authority provided elsewhere in this COOPERATIVE THREAT REDUCTION ACCOUNT services in the National Guard Bureau; travel Act. expenses (other than mileage), as authorized by For assistance to the republics of the former law for Army personnel on active duty, for ENVIRONMENTAL RESTORATION, AIR FORCE Soviet Union and, with appropriate authoriza- tion by the Department of Defense and Depart- Army National Guard division, regimental, and (INCLUDING TRANSFER OF FUNDS) ment of State, to countries outside of the former battalion commanders while inspecting units in For the Department of the Air Force, compliance with National Guard Bureau regula- Soviet Union, including assistance provided by $494,276,000, to remain available until trans- contract or by grants, for facilitating the elimi- tions when specifically authorized by the Chief, ferred: Provided, That the Secretary of the Air National Guard Bureau; supplying and equip- nation and the safe and secure transportation Force shall, upon determining that such funds and storage of nuclear, chemical and other ping the Army National Guard as authorized by are required for environmental restoration, re- law; and expenses of repair, modification, main- weapons; for establishing programs to prevent duction and recycling of hazardous waste, re- the proliferation of weapons, weapons compo- tenance, and issue of supplies and equipment moval of unsafe buildings and debris of the De- (including aircraft), $5,989,034,000. nents, and weapon-related technology and ex- partment of the Air Force, or for similar pur- pertise; for programs relating to the training OPERATION AND MAINTENANCE, AIR NATIONAL poses, transfer the funds made available by this and support of defense and military personnel GUARD appropriation to other appropriations made for demilitarization and protection of weapons, For expenses of training, organizing, and ad- available to the Department of the Air Force, to weapons components and weapons technology ministering the Air National Guard, including be merged with and to be available for the same and expertise, and for defense and military con- medical and hospital treatment and related ex- purposes and for the same time period as the ap- tacts, $424,093,000, to remain available until Sep- penses in non-Federal hospitals; maintenance, propriations to which transferred: Provided fur- tember 30, 2012: Provided, That of the amounts operation, and repairs to structures and facili- ther, That upon a determination that all or part provided under this heading, not less than ties; transportation of things, hire of passenger of the funds transferred from this appropriation $15,000,000 shall be available only to support the motor vehicles; supplying and equipping the Air are not necessary for the purposes provided dismantling and disposal of nuclear submarines, National Guard, as authorized by law; expenses herein, such amounts may be transferred back submarine reactor components, and security en- for repair, modification, maintenance, and issue to this appropriation: Provided further, That hancements for transport and storage of nuclear of supplies and equipment, including those fur- the transfer authority provided under this head- warheads in the Russian Far East and North. nished from stocks under the control of agencies ing is in addition to any other transfer author- DEPARTMENT OF DEFENSE ACQUISITION of the Department of Defense; travel expenses ity provided elsewhere in this Act. WORKFORCE DEVELOPMENT FUND (other than mileage) on the same basis as au- ENVIRONMENTAL RESTORATION, DEFENSE-WIDE thorized by law for Air National Guard per- For the Department of Defense Acquisition (INCLUDING TRANSFER OF FUNDS) sonnel on active Federal duty, for Air National Workforce Development Fund, $100,000,000. Guard commanders while inspecting units in For the Department of Defense, $11,100,000, to TITLE III remain available until transferred: Provided, compliance with National Guard Bureau regula- PROCUREMENT tions when specifically authorized by the Chief, That the Secretary of Defense shall, upon deter- National Guard Bureau, $5,857,011,000. mining that such funds are required for envi- AIRCRAFT PROCUREMENT, ARMY ronmental restoration, reduction and recycling UNITED STATES COURT OF APPEALS FOR THE For construction, procurement, production, of hazardous waste, removal of unsafe buildings ARMED FORCES modification, and modernization of aircraft, and debris of the Department of Defense, or for equipment, including ordnance, ground han- For salaries and expenses necessary for the similar purposes, transfer the funds made avail- dling equipment, spare parts, and accessories United States Court of Appeals for the Armed able by this appropriation to other appropria- therefor; specialized equipment and training de- Forces, $13,932,000, of which not to exceed $5,000 tions made available to the Department of De- vices; expansion of public and private plants, may be used for official representation purposes. fense, to be merged with and to be available for including the land necessary therefor, for the ENVIRONMENTAL RESTORATION, ARMY the same purposes and for the same time period foregoing purposes, and such lands and inter- (INCLUDING TRANSFER OF FUNDS) as the appropriations to which transferred: Pro- ests therein, may be acquired, and construction For the Department of the Army, $430,864,000, vided further, That upon a determination that prosecuted thereon prior to approval of title; to remain available until transferred: Provided, all or part of the funds transferred from this ap- and procurement and installation of equipment, That the Secretary of the Army shall, upon de- propriation are not necessary for the purposes appliances, and machine tools in public and pri- termining that such funds are required for envi- provided herein, such amounts may be trans- vate plants; reserve plant and Government and ronmental restoration, reduction and recycling ferred back to this appropriation: Provided fur- contractor-owned equipment layaway; and of hazardous waste, removal of unsafe buildings ther, That the transfer authority provided other expenses necessary for the foregoing pur- and debris of the Department of the Army, or under this heading is in addition to any other poses, $5,244,252,000, to remain available for ob- for similar purposes, transfer the funds made transfer authority provided elsewhere in this ligation until September 30, 2012. Act. available by this appropriation to other appro- MISSILE PROCUREMENT, ARMY priations made available to the Department of ENVIRONMENTAL RESTORATION, FORMERLY USED For construction, procurement, production, the Army, to be merged with and to be available DEFENSE SITES modification, and modernization of missiles, for the same purposes and for the same time pe- (INCLUDING TRANSFER OF FUNDS) equipment, including ordnance, ground han- riod as the appropriations to which transferred: For the Department of the Army, $307,700,000, dling equipment, spare parts, and accessories Provided further, That upon a determination to remain available until transferred: Provided, therefor; specialized equipment and training de- that all or part of the funds transferred from That the Secretary of the Army shall, upon de- vices; expansion of public and private plants, this appropriation are not necessary for the pur- termining that such funds are required for envi- including the land necessary therefor, for the poses provided herein, such amounts may be ronmental restoration, reduction and recycling foregoing purposes, and such lands and inter- transferred back to this appropriation: Provided of hazardous waste, removal of unsafe buildings ests therein, may be acquired, and construction further, That the transfer authority provided and debris at sites formerly used by the Depart- prosecuted thereon prior to approval of title; under this heading is in addition to any other ment of Defense, transfer the funds made avail- and procurement and installation of equipment, transfer authority provided elsewhere in this able by this appropriation to other appropria- appliances, and machine tools in public and pri- Act. tions made available to the Department of the vate plants; reserve plant and Government and ENVIRONMENTAL RESTORATION, NAVY Army, to be merged with and to be available for contractor-owned equipment layaway; and (INCLUDING TRANSFER OF FUNDS) the same purposes and for the same time period other expenses necessary for the foregoing pur- For the Department of the Navy, $285,869,000, as the appropriations to which transferred: Pro- poses, $1,257,053,000, to remain available for ob- to remain available until transferred: Provided, vided further, That upon a determination that ligation until September 30, 2012.

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PROCUREMENT OF WEAPONS AND TRACKED quired, and construction prosecuted thereon the purchase of seven vehicles required for COMBAT VEHICLES, ARMY prior to approval of title; and procurement and physical security of personnel, notwithstanding For construction, procurement, production, installation of equipment, appliances, and ma- price limitations applicable to passenger vehicles and modification of weapons and tracked com- chine tools in public and private plants; reserve but not to exceed $250,000 per vehicle; expansion bat vehicles, equipment, including ordnance, plant and Government and contractor-owned of public and private plants, including the land spare parts, and accessories therefor; specialized equipment layaway, $3,446,419,000, to remain necessary therefor, and such lands and interests equipment and training devices; expansion of available for obligation until September 30, 2012. therein, may be acquired, and construction public and private plants, including the land PROCUREMENT OF AMMUNITION, NAVY AND prosecuted thereon prior to approval of title; necessary therefor, for the foregoing purposes, MARINE CORPS and procurement and installation of equipment, appliances, and machine tools in public and pri- and such lands and interests therein, may be ac- For construction, procurement, production, vate plants; reserve plant and Government and quired, and construction prosecuted thereon and modification of ammunition, and acces- contractor-owned equipment layaway, prior to approval of title; and procurement and sories therefor; specialized equipment and train- $5,499,413,000, to remain available for obligation installation of equipment, appliances, and ma- ing devices; expansion of public and private until September 30, 2012. chine tools in public and private plants; reserve plants, including ammunition facilities, author- plant and Government and contractor-owned ized by section 2854 of title 10, United States PROCUREMENT, MARINE CORPS equipment layaway; and other expenses nec- Code, and the land necessary therefor, for the For expenses necessary for the procurement, essary for the foregoing purposes, $2,310,007,000, foregoing purposes, and such lands and inter- manufacture, and modification of missiles, ar- to remain available for obligation until Sep- ests therein, may be acquired, and construction mament, military equipment, spare parts, and tember 30, 2012. prosecuted thereon prior to approval of title; accessories therefor; plant equipment, appli- PROCUREMENT OF AMMUNITION, ARMY and procurement and installation of equipment, ances, and machine tools, and installation For construction, procurement, production, appliances, and machine tools in public and pri- thereof in public and private plants; reserve and modification of ammunition, and acces- vate plants; reserve plant and Government and plant and Government and contractor-owned sories therefor; specialized equipment and train- contractor-owned equipment layaway; and equipment layaway; vehicles for the Marine ing devices; expansion of public and private other expenses necessary for the foregoing pur- Corps, including the purchase of passenger plants, including ammunition facilities, author- poses, $814,015,000, to remain available for obli- motor vehicles for replacement only; and expan- ized by section 2854 of title 10, United States gation until September 30, 2012. sion of public and private plants, including land Code, and the land necessary therefor, for the SHIPBUILDING AND CONVERSION, NAVY necessary therefor, and such lands and interests foregoing purposes, and such lands and inter- For expenses necessary for the construction, therein, may be acquired, and construction ests therein, may be acquired, and construction acquisition, or conversion of vessels as author- prosecuted thereon prior to approval of title, prosecuted thereon prior to approval of title; ized by law, including armor and armament $1,550,080,000, to remain available for obligation and procurement and installation of equipment, thereof, plant equipment, appliances, and ma- until September 30, 2012. appliances, and machine tools in public and pri- chine tools and installation thereof in public AIRCRAFT PROCUREMENT, AIR FORCE vate plants; reserve plant and Government and and private plants; reserve plant and Govern- For construction, procurement, and modifica- contractor-owned equipment layaway; and ment and contractor-owned equipment layaway; tion of aircraft and equipment, including armor other expenses necessary for the foregoing pur- procurement of critical, long lead time compo- and armament, specialized ground handling poses, $2,049,995,000, to remain available for ob- nents and designs for vessels to be constructed equipment, and training devices, spare parts, ligation until September 30, 2012. or converted in the future; and expansion of and accessories therefor; specialized equipment; OTHER PROCUREMENT, ARMY public and private plants, including land nec- expansion of public and private plants, Govern- For construction, procurement, production, essary therefor, and such lands and interests ment-owned equipment and installation thereof and modification of vehicles, including tactical, therein, may be acquired, and construction in such plants, erection of structures, and ac- support, and non-tracked combat vehicles; the prosecuted thereon prior to approval of title, as quisition of land, for the foregoing purposes, purchase of passenger motor vehicles for re- follows: and such lands and interests therein, may be ac- placement only; and the purchase of eight vehi- Carrier Replacement Program, $739,269,000; quired, and construction prosecuted thereon cles required for physical security of personnel, Carrier Replacement Program (AP), prior to approval of title; reserve plant and Gov- notwithstanding price limitations applicable to $484,432,000; ernment and contractor-owned equipment lay- passenger vehicles but not to exceed $250,000 per NSSN, $1,964,317,000; away; and other expenses necessary for the vehicle; communications and electronic equip- NSSN (AP), $1,959,725,000; foregoing purposes including rents and trans- ment; other support equipment; spare parts, ord- CVN Refueling, $1,563,602,000; portation of things, $13,148,720,000, to remain nance, and accessories therefor; specialized CVN Refuelings (AP), $211,820,000; available for obligation until September 30, 2012. DDG–1000 Program, $1,393,797,000; equipment and training devices; expansion of MISSILE PROCUREMENT, AIR FORCE public and private plants, including the land DDG–51 Destroyer, $3,650,000,000; For construction, procurement, and modifica- necessary therefor, for the foregoing purposes, DDG–51 Destroyer (AP), $328,996,000; tion of missiles, spacecraft, rockets, and related and such lands and interests therein, may be ac- Littoral Combat Ship, $1,080,000,000; equipment, including spare parts and acces- quired, and construction prosecuted thereon LPD–17, $872,392,000; LPD–17 (AP), $184,555,000; sories therefor, ground handling equipment, and prior to approval of title; and procurement and LHA–R (AP), $170,000,000; training devices; expansion of public and pri- installation of equipment, appliances, and ma- Intratheater Connector, $177,956,000; vate plants, Government-owned equipment and chine tools in public and private plants; reserve LCAC Service Life Extension Program, installation thereof in such plants, erection of plant and Government and contractor-owned $63,857,000; structures, and acquisition of land, for the fore- equipment layaway; and other expenses nec- Prior year shipbuilding costs, $144,950,000; going purposes, and such lands and interests essary for the foregoing purposes, $9,395,444,000, Service Craft, $3,694,000; and therein, may be acquired, and construction to remain available for obligation until Sep- For outfitting, post delivery, conversions, and prosecuted thereon prior to approval of title; re- tember 30, 2012. first destination transportation, $391,238,000. serve plant and Government and contractor- AIRCRAFT PROCUREMENT, NAVY In all: $15,384,600,000, to remain available for owned equipment layaway; and other expenses For construction, procurement, production, obligation until September 30, 2014: Provided, necessary for the foregoing purposes including modification, and modernization of aircraft, That additional obligations may be incurred rents and transportation of things, equipment, including ordnance, spare parts, after September 30, 2014, for engineering serv- $6,070,344,000, to remain available for obligation and accessories therefor; specialized equipment; ices, tests, evaluations, and other such budgeted until September 30, 2012. expansion of public and private plants, includ- work that must be performed in the final stage PROCUREMENT OF AMMUNITION, AIR FORCE ing the land necessary therefor, and such lands of ship construction: Provided further, That For construction, procurement, production, and interests therein, may be acquired, and con- none of the funds provided under this heading and modification of ammunition, and acces- struction prosecuted thereon prior to approval for the construction or conversion of any naval sories therefor; specialized equipment and train- of title; and procurement and installation of vessel to be constructed in shipyards in the ing devices; expansion of public and private equipment, appliances, and machine tools in United States shall be expended in foreign fa- plants, including ammunition facilities, author- public and private plants; reserve plant and cilities for the construction of major components ized by section 2854 of title 10, United States Government and contractor-owned equipment of such vessel: Provided further, That none of Code, and the land necessary therefor, for the layaway, $18,079,312,000, to remain available for the funds provided under this heading shall be foregoing purposes, and such lands and inter- obligation until September 30, 2012. used for the construction of any naval vessel in ests therein, may be acquired, and construction foreign shipyards. WEAPONS PROCUREMENT, NAVY prosecuted thereon prior to approval of title; For construction, procurement, production, OTHER PROCUREMENT, NAVY and procurement and installation of equipment, modification, and modernization of missiles, tor- For procurement, production, and moderniza- appliances, and machine tools in public and pri- pedoes, other weapons, and related support tion of support equipment and materials not vate plants; reserve plant and Government and equipment including spare parts, and acces- otherwise provided for, Navy ordnance (except contractor-owned equipment layaway; and sories therefor; expansion of public and private ordnance for new aircraft, new ships, and ships other expenses necessary for the foregoing pur- plants, including the land necessary therefor, authorized for conversion); the purchase of pas- poses, $815,246,000, to remain available for obli- and such lands and interests therein, may be ac- senger motor vehicles for replacement only, and gation until September 30, 2012.

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OTHER PROCUREMENT, AIR FORCE RESEARCH, DEVELOPMENT, TEST AND exceed one percent shall remain available until For procurement and modification of equip- EVALUATION, AIR FORCE September 30, 2011, and of which up to ment (including ground guidance and electronic For expenses necessary for basic and applied $15,093,539,000 may be available for contracts control equipment, and ground electronic and scientific research, development, test and eval- entered into under the TRICARE program; of communication equipment), and supplies, mate- uation, including maintenance, rehabilitation, which $322,142,000, to remain available for obli- rials, and spare parts therefor, not otherwise lease, and operation of facilities and equipment, gation until September 30, 2012, shall be for pro- provided for; the purchase of passenger motor $28,049,015,000, to remain available for obliga- curement; and of which $998,752,000, to remain vehicles for replacement only, and the purchase tion until September 30, 2011. available for obligation until September 30, 2011, shall be for research, development, test and of two vehicles required for physical security of RESEARCH, DEVELOPMENT, TEST AND evaluation. personnel, notwithstanding price limitations ap- EVALUATION, DEFENSE-WIDE plicable to passenger vehicles but not to exceed CHEMICAL AGENTS AND MUNITIONS For expenses of activities and agencies of the $250,000 per vehicle; lease of passenger motor ve- DESTRUCTION, DEFENSE Department of Defense (other than the military hicles; and expansion of public and private For expenses, not otherwise provided for, nec- departments), necessary for basic and applied plants, Government-owned equipment and in- essary for the destruction of the United States scientific research, development, test and eval- stallation thereof in such plants, erection of stockpile of lethal chemical agents and muni- uation; advanced research projects as may be structures, and acquisition of land, for the fore- tions, to include construction of facilities, in ac- designated and determined by the Secretary of going purposes, and such lands and interests cordance with the provisions of section 1412 of Defense, pursuant to law; maintenance, reha- therein, may be acquired, and construction the Department of Defense Authorization Act, bilitation, lease, and operation of facilities and prosecuted thereon, prior to approval of title; re- 1986 (50 U.S.C. 1521), and for the destruction of equipment, $20,408,968,000, to remain available serve plant and Government and contractor- other chemical warfare materials that are not in for obligation until September 30, 2011, of which owned equipment layaway, $17,283,800,000, to the chemical weapon stockpile, $1,539,869,000, of $2,500,000 shall be available only for the Missile remain available for obligation until September which $1,125,911,000 shall be for operation and Defense Agency to construct a replacement Pa- 30, 2012. maintenance, of which no less than $84,839,000, triot launcher pad for the Japanese Ministry of PROCUREMENT, DEFENSE-WIDE shall be for the Chemical Stockpile Emergency Defense. Preparedness Program, consisting of $34,905,000 For expenses of activities and agencies of the OPERATIONAL TEST AND EVALUATION, DEFENSE for activities on military installations and Department of Defense (other than the military For expenses, not otherwise provided for, nec- $49,934,000, to remain available until September departments) necessary for procurement, pro- essary for the independent activities of the Di- 30, 2011, to assist State and local governments; duction, and modification of equipment, sup- rector, Operational Test and Evaluation, in the $12,689,000 shall be for procurement, to remain plies, materials, and spare parts therefor, not direction and supervision of operational test available until September 30, 2012, of which no otherwise provided for; the purchase of pas- and evaluation, including initial operational less than $12,689,000 shall be for the Chemical senger motor vehicles for replacement only; ex- test and evaluation which is conducted prior to, Stockpile Emergency Preparedness Program to pansion of public and private plants, equip- and in support of, production decisions; joint assist State and local governments; and ment, and installation thereof in such plants, operational testing and evaluation; and admin- $401,269,000, to remain available until September erection of structures, and acquisition of land istrative expenses in connection therewith, 30, 2011, shall be for research, development, test for the foregoing purposes, and such lands and $190,770,000, to remain available for obligation and evaluation, of which $398,669,000 shall only interests therein, may be acquired, and con- until September 30, 2011. be for the Assembled Chemical Weapons Alter- struction prosecuted thereon prior to approval natives (ACWA) program. of title; reserve plant and Government and con- TITLE V DRUG INTERDICTION AND COUNTER-DRUG tractor-owned equipment layaway, REVOLVING AND MANAGEMENT FUNDS ACTIVITIES, DEFENSE $4,017,697,000, to remain available for obligation DEFENSE WORKING CAPITAL FUNDS (INCLUDING TRANSFER OF FUNDS) until September 30, 2012. For the Defense Working Capital Funds, For drug interdiction and counter-drug activi- NATIONAL GUARD AND RESERVE EQUIPMENT $1,455,004,000. ties of the Department of Defense, for transfer For procurement of aircraft, missiles, tracked NATIONAL DEFENSE SEALIFT FUND to appropriations available to the Department of combat vehicles, ammunition, other weapons, For National Defense Sealift Fund programs, Defense for military personnel of the reserve and other procurement for the reserve compo- projects, and activities, and for expenses of the components serving under the provisions of title nents of the Armed Forces, $1,500,000,000, to re- National Defense Reserve Fleet, as established 10 and title 32, United States Code; for operation main available for obligation until September 30, by section 11 of the Merchant Ship Sales Act of and maintenance; for procurement; and for re- 2012: Provided, That the Chiefs of the Reserve 1946 (50 U.S.C. App. 1744), and for the necessary search, development, test and evaluation, and National Guard components shall, not later expenses to maintain and preserve a U.S.-flag $1,103,086,000: Provided, That the funds appro- than 30 days after the enactment of this Act, in- merchant fleet to serve the national security priated under this heading shall be available for dividually submit to the congressional defense needs of the United States, $1,242,758,000, to re- obligation for the same time period and for the committees the modernization priority assess- main available until expended: Provided, That same purpose as the appropriation to which ment for their respective Reserve or National none of the funds provided in this paragraph transferred: Provided further, That upon a de- Guard component. shall be used to award a new contract that pro- termination that all or part of the funds trans- DEFENSE PRODUCTION ACT PURCHASES vides for the acquisition of any of the following ferred from this appropriation are not necessary For activities by the Department of Defense major components unless such components are for the purposes provided herein, such amounts pursuant to sections 108, 301, 302, and 303 of the manufactured in the United States: auxiliary may be transferred back to this appropriation: Defense Production Act of 1950 (50 U.S.C. App. equipment, including pumps, for all shipboard Provided further, That the transfer authority 2078, 2091, 2092, and 2093), $149,746,000, to re- services; propulsion system components (en- provided under this heading is in addition to main available until expended. gines, reduction gears, and propellers); ship- any other transfer authority contained else- TITLE IV board cranes; and spreaders for shipboard where in this Act. RESEARCH, DEVELOPMENT, TEST AND cranes: Provided further, That the exercise of OFFICE OF THE INSPECTOR GENERAL EVALUATION an option in a contract awarded through the For expenses and activities of the Office of the RESEARCH, DEVELOPMENT, TEST AND obligation of previously appropriated funds Inspector General in carrying out the provisions EVALUATION, ARMY shall not be considered to be the award of a new of the Inspector General Act of 1978, as amend- contract: Provided further, That the Secretary For expenses necessary for basic and applied ed, $288,100,000, of which $287,100,000 shall be of the military department responsible for such scientific research, development, test and eval- for operation and maintenance, of which not to procurement may waive the restrictions in the uation, including maintenance, rehabilitation, exceed $700,000 is available for emergencies and first proviso on a case-by-case basis by certi- lease, and operation of facilities and equipment, extraordinary expenses to be expended on the fying in writing to the Committees on Appro- $10,653,126,000, to remain available for obliga- approval or authority of the Inspector General, priations of the House of Representatives and tion until September 30, 2011. and payments may be made on the Inspector the Senate that adequate domestic supplies are General’s certificate of necessity for confidential RESEARCH, DEVELOPMENT, TEST AND not available to meet Department of Defense re- military purposes; and of which $1,000,000, to re- EVALUATION, NAVY quirements on a timely basis and that such an main available until September 30, 2012, shall be For expenses necessary for basic and applied acquisition must be made in order to acquire ca- for procurement. scientific research, development, test and eval- pability for national security purposes. TITLE VII uation, including maintenance, rehabilitation, TITLE VI lease, and operation of facilities and equipment, RELATED AGENCIES OTHER DEPARTMENT OF DEFENSE $19,148,509,000, to remain available for obliga- CENTRAL INTELLIGENCE AGENCY RETIREMENT PROGRAMS tion until September 30, 2011: Provided, That AND DISABILITY SYSTEM FUND funds appropriated in this paragraph which are DEFENSE HEALTH PROGRAM For payment to the Central Intelligence Agen- available for the V–22 may be used to meet For expenses, not otherwise provided for, for cy Retirement and Disability System Fund, to unique operational requirements of the Special medical and health care programs of the De- maintain the proper funding level for con- Operations Forces: Provided further, That funds partment of Defense as authorized by law, tinuing the operation of the Central Intelligence appropriated in this paragraph shall be avail- $28,311,113,000; of which $26,990,219,000 shall be Agency Retirement and Disability System, able for the Cobra Judy program. for operation and maintenance, of which not to $290,900,000.

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INTELLIGENCE COMMUNITY MANAGEMENT obligation of funds may be made pursuant to curement is not funded at least to the limits of ACCOUNT section 1206 of Public Law 109–163 (or any suc- the Government’s liability: Provided further, For necessary expenses of the Intelligence cessor provision) unless the Secretary of Defense That no part of any appropriation contained in Community Management Account, $750,812,000. has notified the congressional defense commit- this Act shall be available to initiate multiyear TITLE VIII tees prior to any such obligation. procurement contracts for any systems or com- SEC. 8006. (a) Not later than 60 days after en- ponent thereof if the value of the multiyear con- GENERAL PROVISIONS actment of this Act, the Department of Defense tract would exceed $500,000,000 unless specifi- SEC. 8001. No part of any appropriation con- shall submit a report to the congressional de- cally provided in this Act: Provided further, tained in this Act shall be used for publicity or fense committees to establish the baseline for ap- That no multiyear procurement contract can be propaganda purposes not authorized by the plication of reprogramming and transfer au- terminated without 10-day prior notification to Congress. thorities for fiscal year 2010: Provided, That the the congressional defense committees: Provided SEC. 8002. During the current fiscal year, pro- report shall include— further, That the execution of multiyear author- visions of law prohibiting the payment of com- (1) a table for each appropriation with a sepa- ity shall require the use of a present value anal- pensation to, or employment of, any person not rate column to display the President’s budget re- ysis to determine lowest cost compared to an an- a citizen of the United States shall not apply to quest, adjustments made by Congress, adjust- nual procurement: Provided further, That none personnel of the Department of Defense: Pro- ments due to enacted rescissions, if appropriate, of the funds provided in this Act may be used vided, That salary increases granted to direct and the fiscal year enacted level; for a multiyear contract executed after the date and indirect hire foreign national employees of (2) a delineation in the table for each appro- of the enactment of this Act unless in the case the Department of Defense funded by this Act priation both by budget activity and program, of any such contract— shall not be at a rate in excess of the percentage project, and activity as detailed in the Budget increase authorized by law for civilian employ- Appendix; and (1) the Secretary of Defense has submitted to ees of the Department of Defense whose pay is (3) an identification of items of special con- Congress a budget request for full funding of computed under the provisions of section 5332 of gressional interest. units to be procured through the contract and, title 5, United States Code, or at a rate in excess (b) Notwithstanding section 8005 of this Act, in the case of a contract for procurement of air- of the percentage increase provided by the ap- none of the funds provided in this Act shall be craft, that includes, for any aircraft unit to be propriate host nation to its own employees, available for reprogramming or transfer until procured through the contract for which pro- whichever is higher: Provided further, That this the report identified in subsection (a) is sub- curement funds are requested in that budget re- section shall not apply to Department of De- mitted to the congressional defense committees, quest for production beyond advance procure- fense foreign service national employees serving unless the Secretary of Defense certifies in writ- ment activities in the fiscal year covered by the at United States diplomatic missions whose pay ing to the congressional defense committees that budget, full funding of procurement of such unit is set by the Department of State under the For- such reprogramming or transfer is necessary as in that fiscal year; eign Service Act of 1980: Provided further, That an emergency requirement. the limitations of this provision shall not apply SEC. 8007. The Secretaries of the Air Force and (2) cancellation provisions in the contract do to foreign national employees of the Department the Army are authorized, using funds available not include consideration of recurring manufac- of Defense in the Republic of Turkey. under the headings ‘‘Operation and Mainte- turing costs of the contractor associated with SEC. 8003. No part of any appropriation con- nance, Air Force’’ and ‘‘Operation and Mainte- the production of unfunded units to be delivered tained in this Act shall remain available for ob- nance, Army’’, to complete facility conversions under the contract; ligation beyond the current fiscal year, unless and phased repair projects which may include (3) the contract provides that payments to the expressly so provided herein. upgrades and additions to Alaskan range infra- contractor under the contract shall not be made SEC. 8004. No more than 20 percent of the ap- structure and training areas, and improved ac- in advance of incurred costs on funded units; propriations in this Act which are limited for cess to these ranges. and obligation during the current fiscal year shall be (TRANSFER OF FUNDS) obligated during the last 2 months of the fiscal (4) the contract does not provide for a price SEC. 8008. During the current fiscal year, cash year: Provided, That this section shall not apply adjustment based on a failure to award a fol- balances in working capital funds of the De- to obligations for support of active duty training low-on contract. partment of Defense established pursuant to sec- of reserve components or summer camp training tion 2208 of title 10, United States Code, may be SEC. 8011. Within the funds appropriated for of the Reserve Officers’ Training Corps. maintained in only such amounts as are nec- the operation and maintenance of the Armed (TRANSFER OF FUNDS) essary at any time for cash disbursements to be Forces, funds are hereby appropriated pursuant SEC. 8005. Upon determination by the Sec- made from such funds: Provided, That transfers to section 401 of title 10, United States Code, for retary of Defense that such action is necessary may be made between such funds: Provided fur- humanitarian and civic assistance costs under in the national interest, he may, with the ap- ther, That transfers may be made between work- chapter 20 of title 10, United States Code. Such proval of the Office of Management and Budget, ing capital funds and the ‘‘Foreign Currency funds may also be obligated for humanitarian transfer not to exceed $4,000,000,000 of working Fluctuations, Defense’’ appropriation and the and civic assistance costs incidental to author- capital funds of the Department of Defense or ‘‘Operation and Maintenance’’ appropriation ized operations and pursuant to authority funds made available in this Act to the Depart- accounts in such amounts as may be determined granted in section 401 of chapter 20 of title 10, ment of Defense for military functions (except by the Secretary of Defense, with the approval United States Code, and these obligations shall military construction) between such appropria- of the Office of Management and Budget, except be reported as required by section 401(d) of title tions or funds or any subdivision thereof, to be that such transfers may not be made unless the 10, United States Code: Provided, That funds merged with and to be available for the same Secretary of Defense has notified the Congress available for operation and maintenance shall purposes, and for the same time period, as the of the proposed transfer. Except in amounts be available for providing humanitarian and appropriation or fund to which transferred: equal to the amounts appropriated to working similar assistance by using Civic Action Teams Provided, That such authority to transfer may capital funds in this Act, no obligations may be in the Trust Territories of the Pacific Islands not be used unless for higher priority items, made against a working capital fund to procure and freely associated states of Micronesia, pur- based on unforeseen military requirements, than or increase the value of war reserve material in- suant to the Compact of Free Association as au- those for which originally appropriated and in ventory, unless the Secretary of Defense has no- thorized by Public Law 99–239: Provided fur- no case where the item for which funds are re- tified the Congress prior to any such obligation. ther, That upon a determination by the Sec- quested has been denied by the Congress: Pro- SEC. 8009. Funds appropriated by this Act retary of the Army that such action is beneficial vided further, That the Secretary of Defense may not be used to initiate a special access pro- for graduate medical education programs con- shall notify the Congress promptly of all trans- gram without prior notification 30 calendar ducted at Army medical facilities located in Ha- fers made pursuant to this authority or any days in advance to the congressional defense waii, the Secretary of the Army may authorize other authority in this Act: Provided further, committees. the provision of medical services at such facili- That no part of the funds in this Act shall be SEC. 8010. None of the funds provided in this ties and transportation to such facilities, on a available to prepare or present a request to the Act shall be available to initiate: (1) a multiyear nonreimbursable basis, for civilian patients from Committees on Appropriations for reprogram- contract that employs economic order quantity American Samoa, the Commonwealth of the ming of funds, unless for higher priority items, procurement in excess of $20,000,000 in any one Northern Mariana Islands, the Marshall Is- based on unforeseen military requirements, than year of the contract or that includes an un- lands, the Federated States of Micronesia, those for which originally appropriated and in funded contingent liability in excess of Palau, and Guam. no case where the item for which reprogramming $20,000,000; or (2) a contract for advance pro- is requested has been denied by the Congress: curement leading to a multiyear contract that SEC. 8012. (a) During fiscal year 2010, the ci- Provided further, That a request for multiple employs economic order quantity procurement in vilian personnel of the Department of Defense reprogrammings of funds using authority pro- excess of $20,000,000 in any one year, unless the may not be managed on the basis of any end- vided in this section must be made prior to June congressional defense committees have been no- strength, and the management of such per- 30, 2010: Provided further, That transfers among tified at least 30 days in advance of the pro- sonnel during that fiscal year shall not be sub- military personnel appropriations shall not be posed contract award: Provided, That no part of ject to any constraint or limitation (known as taken into account for purposes of the limitation any appropriation contained in this Act shall be an end-strength) on the number of such per- on the amount of funds that may be transferred available to initiate a multiyear contract for sonnel who may be employed on the last day of under this section: Provided further, That no which the economic order quantity advance pro- such fiscal year.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9823 (b) The fiscal year 2011 budget request for the section 8(a)(15) of the Small Business Act (15 purposes of being allowed additional compensa- Department of Defense as well as all justifica- U.S.C. 637(a)(15)). tion under section 504 of the Indian Financing tion material and other documentation sup- (2) This section shall not apply to depot con- Act of 1974 (25 U.S.C. 1544) whenever the prime porting the fiscal year 2011 Department of De- tracts or contracts for depot maintenance as contract or subcontract amount is over $500,000 fense budget request shall be prepared and sub- provided in sections 2469 and 2474 of title 10, and involves the expenditure of funds appro- mitted to the Congress as if subsections (a) and United States Code. priated by an Act making Appropriations for the (b) of this provision were effective with regard (c) The conversion of any activity or function Department of Defense with respect to any fis- to fiscal year 2011. of the Department of Defense under the author- cal year: Provided further, That notwith- (c) Nothing in this section shall be construed ity provided by this section shall be credited to- standing section 430 of title 41, United States to apply to military (civilian) technicians. ward any competitive or outsourcing goal, tar- Code, this section shall be applicable to any De- SEC. 8013. None of the funds made available get, or measurement that may be established by partment of Defense acquisition of supplies or by this Act shall be used in any way, directly or statute, regulation, or policy and is deemed to services, including any contract and any sub- indirectly, to influence congressional action on be awarded under the authority of, and in com- contract at any tier for acquisition of commer- any legislation or appropriation matters pend- pliance with, subsection (h) of section 2304 of cial items produced or manufactured, in whole ing before the Congress. title 10, United States Code, for the competition or in part by any subcontractor or supplier de- SEC. 8014. None of the funds appropriated by or outsourcing of commercial activities. fined in section 1544 of title 25, United States this Act shall be available for the basic pay and (TRANSFER OF FUNDS) Code, or a small business owned and controlled allowances of any member of the Army partici- by an individual or individuals defined under SEC. 8016. Funds appropriated in title III of pating as a full-time student and receiving bene- section 4221(9) of title 25, United States Code. this Act for the Department of Defense Pilot fits paid by the Secretary of Veterans Affairs SEC. 8021. Funds appropriated by this Act for Mentor-Protege Program may be transferred to from the Department of Defense Education Ben- the Defense Media Activity shall not be used for any other appropriation contained in this Act efits Fund when time spent as a full-time stu- any national or international political or psy- solely for the purpose of implementing a Men- dent is credited toward completion of a service chological activities. tor-Protege Program developmental assistance commitment: Provided, That this section shall SEC. 8022. None of the funds appropriated by agreement pursuant to section 831 of the Na- not apply to those members who have reenlisted this Act shall be available to perform any cost tional Defense Authorization Act for Fiscal with this option prior to October 1, 1987: Pro- study pursuant to the provisions of OMB Cir- Year 1991 (Public Law 101–510; 10 U.S.C. 2302 vided further, That this section applies only to cular A–76 if the study being performed exceeds note), as amended, under the authority of this active components of the Army. a period of 24 months after initiation of such provision or any other transfer authority con- SEC. 8015. (a) None of the funds appropriated study with respect to a single function activity tained in this Act. by this Act shall be available to convert to con- or 30 months after initiation of such study for a SEC. 8017. None of the funds in this Act may tractor performance an activity or function of multi-function activity. be available for the purchase by the Department SEC. 8023. During the current fiscal year, the the Department of Defense that, on or after the of Defense (and its departments and agencies) of Department of Defense is authorized to incur date of the enactment of this Act, is performed welded shipboard anchor and mooring chain 4 obligations of not to exceed $350,000,000 for pur- by more than 10 Department of Defense civilian inches in diameter and under unless the anchor poses specified in section 2350j(c) of title 10, employees unless— United States Code, in anticipation of receipt of (1) the conversion is based on the result of a and mooring chain are manufactured in the contributions, only from the Government of Ku- public-private competition that includes a most United States from components which are sub- wait, under that section: Provided, That upon efficient and cost effective organization plan de- stantially manufactured in the United States: receipt, such contributions from the Government veloped by such activity or function; Provided, That for the purpose of this section of Kuwait shall be credited to the appropria- (2) the Competitive Sourcing Official deter- manufactured will include cutting, heat treat- tions or fund which incurred such obligations. mines that, over all performance periods stated ing, quality control, testing of chain and weld- SEC. 8024. (a) Of the funds made available in in the solicitation of offers for performance of ing (including the forging and shot blasting process): Provided further, That for the purpose this Act, not less than $25,756,000 shall be avail- the activity or function, the cost of performance able for the Civil Air Patrol Corporation, of of the activity or function by a contractor would of this section substantially all of the compo- nents of anchor and mooring chain shall be con- which— be less costly to the Department of Defense by (1) $22,433,000 shall be available from ‘‘Oper- an amount that equals or exceeds the lesser of— sidered to be produced or manufactured in the United States if the aggregate cost of the compo- ation and Maintenance, Air Force’’ to support (A) 10 percent of the most efficient organiza- Civil Air Patrol Corporation operation and tion’s personnel-related costs for performance of nents produced or manufactured in the United States exceeds the aggregate cost of the compo- maintenance, readiness, counterdrug activities, that activity or function by Federal employees; and drug demand reduction activities involving or nents produced or manufactured outside the United States: Provided further, That when youth programs; (B) $10,000,000; and (2) $2,426,000 shall be available from ‘‘Aircraft adequate domestic supplies are not available to (3) the contractor does not receive an advan- Procurement, Air Force’’; and tage for a proposal that would reduce costs for meet Department of Defense requirements on a (3) $897,000 shall be available from ‘‘Other the Department of Defense by— timely basis, the Secretary of the service respon- Procurement, Air Force’’ for vehicle procure- (A) not making an employer-sponsored health sible for the procurement may waive this restric- ment. insurance plan available to the workers who are tion on a case-by-case basis by certifying in (b) The Secretary of the Air Force should to be employed in the performance of that activ- writing to the Committees on Appropriations waive reimbursement for any funds used by the ity or function under the contract; or that such an acquisition must be made in order Civil Air Patrol for counter-drug activities in (B) offering to such workers an employer- to acquire capability for national security pur- support of Federal, State, and local government sponsored health benefits plan that requires the poses. agencies. employer to contribute less towards the premium SEC. 8018. None of the funds available to the SEC. 8025. (a) None of the funds appropriated or subscription share than the amount that is Department of Defense may be used to demili- in this Act are available to establish a new De- paid by the Department of Defense for health tarize or dispose of M–1 Carbines, M–1 Garand partment of Defense (department) federally benefits for civilian employees under chapter 89 rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri- funded research and development center of title 5, United States Code. fles, or M–1911 pistols. (FFRDC), either as a new entity, or as a sepa- (b)(1) The Department of Defense, without re- SEC. 8019. No more than $500,000 of the funds rate entity administrated by an organization gard to subsection (a) of this section or sub- appropriated or made available in this Act shall managing another FFRDC, or as a nonprofit section (a), (b), or (c) of section 2461 of title 10, be used during a single fiscal year for any single membership corporation consisting of a consor- United States Code, and notwithstanding any relocation of an organization, unit, activity or tium of other FFRDCs and other nonprofit enti- administrative regulation, requirement, or policy function of the Department of Defense into or ties. to the contrary shall have full authority to within the National Capital Region: Provided, (b) No member of a Board of Directors, Trust- enter into a contract for the performance of any That the Secretary of Defense may waive this ees, Overseers, Advisory Group, Special Issues commercial or industrial type function of the restriction on a case-by-case basis by certifying Panel, Visiting Committee, or any similar entity Department of Defense that— in writing to the congressional defense commit- of a defense FFRDC, and no paid consultant to (A) is included on the procurement list estab- tees that such a relocation is required in the any defense FFRDC, except when acting in a lished pursuant to section 2 of the Javits-Wag- best interest of the Government. technical advisory capacity, may be com- ner-O’Day Act (41 U.S.C. 47); SEC. 8020. In addition to the funds provided pensated for his or her services as a member of (B) is planned to be converted to performance elsewhere in this Act, $15,000,000 is appropriated such entity, or as a paid consultant by more by a qualified nonprofit agency for the blind or only for incentive payments authorized by sec- than one FFRDC in a fiscal year: Provided, by a qualified nonprofit agency for other se- tion 504 of the Indian Financing Act of 1974 (25 That a member of any such entity referred to verely handicapped individuals in accordance U.S.C. 1544): Provided, That a prime contractor previously in this subsection shall be allowed with that Act; or or a subcontractor at any tier that makes a sub- travel expenses and per diem as authorized (C) is planned to be converted to performance contract award to any subcontractor or supplier under the Federal Joint Travel Regulations, by a qualified firm under at least 51 percent as defined in section 1544 of title 25, United when engaged in the performance of member- ownership by an Indian tribe, as defined in sec- States Code, or a small business owned and con- ship duties. tion 4(e) of the Indian Self-Determination and trolled by an individual or individuals defined (c) Notwithstanding any other provision of Education Assistance Act (25 U.S.C. 450b(e)), or under section 4221(9) of title 25, United States law, none of the funds available to the depart- a Native Hawaiian Organization, as defined in Code, shall be considered a contractor for the ment from any source during fiscal year 2010

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9824 CONGRESSIONAL RECORD — SENATE September 24, 2009 may be used by a defense FFRDC, through a fee that are covered by the agreement, the Secretary (b) The fiscal year 2011 budget request for the or other payment mechanism, for construction of Defense shall rescind the Secretary’s blanket Department of Defense as well as all justifica- of new buildings, for payment of cost sharing waiver of the Buy American Act with respect to tion material and other documentation sup- for projects funded by Government grants, for such types of products produced in that foreign porting the fiscal year 2011 Department of De- absorption of contract overruns, or for certain country. fense budget shall be prepared and submitted to charitable contributions, not to include em- (2) An agreement referred to in paragraph (1) the Congress on the basis that any equipment ployee participation in community service and/ is any reciprocal defense procurement memo- which was classified as an end item and funded or development. randum of understanding, between the United in a procurement appropriation contained in (d) Notwithstanding any other provision of States and a foreign country pursuant to which this Act shall be budgeted for in a proposed fis- law, of the funds available to the department the Secretary of Defense has prospectively cal year 2011 procurement appropriation and during fiscal year 2010, not more than 5,600 staff waived the Buy American Act for certain prod- not in the supply management business area or years of technical effort (staff years) may be ucts in that country. any other area or category of the Department of funded for defense FFRDCs: Provided, That of (b) The Secretary of Defense shall submit to Defense Working Capital Funds. the specific amount referred to previously in this the Congress a report on the amount of Depart- SEC. 8034. None of the funds appropriated by subsection, not more than 1,100 staff years may ment of Defense purchases from foreign entities this Act for programs of the Central Intelligence be funded for the defense studies and analysis in fiscal year 2010. Such report shall separately Agency shall remain available for obligation be- FFRDCs: Provided further, That this subsection indicate the dollar value of items for which the yond the current fiscal year, except for funds shall not apply to staff years funded in the Na- Buy American Act was waived pursuant to any appropriated for the Reserve for Contingencies, tional Intelligence Program (NIP) and the Mili- agreement described in subsection (a)(2), the which shall remain available until September 30, tary Intelligence Program (MIP). Trade Agreement Act of 1979 (19 U.S.C. 2501 et 2011: Provided, That funds appropriated, trans- (e) The Secretary of Defense shall, with the seq.), or any international agreement to which ferred, or otherwise credited to the Central In- submission of the department’s fiscal year 2011 the United States is a party. telligence Agency Central Services Working budget request, submit a report presenting the (c) For purposes of this section, the term ‘‘Buy Capital Fund during this or any prior or subse- specific amounts of staff years of technical ef- American Act’’ means title III of the Act entitled quent fiscal year shall remain available until ex- fort to be allocated for each defense FFRDC ‘‘An Act making appropriations for the Treas- pended: Provided further, That any funds ap- during that fiscal year and the associated budg- ury and Post Office Departments for the fiscal propriated or transferred to the Central Intel- et estimates. year ending June 30, 1934, and for other pur- ligence Agency for advanced research and de- poses’’, approved March 3, 1933 (41 U.S.C. 10a et (f) Notwithstanding any other provision of velopment acquisition, for agent operations, and seq.). this Act, the total amount appropriated in this for covert action programs authorized by the Act for FFRDCs is hereby reduced by SEC. 8030. During the current fiscal year, amounts contained in the Department of De- President under section 503 of the National Se- $120,200,000. curity Act of 1947, as amended, shall remain SEC. 8026. None of the funds appropriated or fense Overseas Military Facility Investment Re- covery Account established by section 2921(c)(1) available until September 30, 2011. made available in this Act shall be used to pro- SEC. 8035. Notwithstanding any other provi- of the National Defense Authorization Act of cure carbon, alloy or armor steel plate for use in sion of law, funds made available in this Act for 1991 (Public Law 101–510; 10 U.S.C. 2687 note) any Government-owned facility or property the Defense Intelligence Agency may be used for shall be available until expended for the pay- under the control of the Department of Defense the design, development, and deployment of which were not melted and rolled in the United ments specified by section 2921(c)(2) of that Act. SEC. 8031. (a) Notwithstanding any other pro- General Defense Intelligence Program intel- States or Canada: Provided, That these procure- vision of law, the Secretary of the Air Force ligence communications and intelligence infor- ment restrictions shall apply to any and all Fed- may convey at no cost to the Air Force, without mation systems for the Services, the Unified and eral Supply Class 9515, American Society of consideration, to Indian tribes located in the Specified Commands, and the component com- Testing and Materials (ASTM) or American Iron States of Nevada, Idaho, North Dakota, South mands. and Steel Institute (AISI) specifications of car- Dakota, Montana, Oregon, and Minnesota SEC. 8036. Of the funds appropriated to the bon, alloy or armor steel plate: Provided further, relocatable military housing units located at Department of Defense under the heading ‘‘Op- That the Secretary of the military department Grand Forks Air Force Base, Malmstrom Air eration and Maintenance, Defense-Wide’’, not responsible for the procurement may waive this Force Base, Mountain Home Air Force Base, less than $12,000,000 shall be made available restriction on a case-by-case basis by certifying Ellsworth Air Force Base, and Minot Air Force only for the mitigation of environmental im- in writing to the Committees on Appropriations Base that are excess to the needs of the Air pacts, including training and technical assist- of the House of Representatives and the Senate Force. ance to tribes, related administrative support, that adequate domestic supplies are not avail- (b) The Secretary of the Air Force shall con- the gathering of information, documenting of able to meet Department of Defense require- vey, at no cost to the Air Force, military hous- environmental damage, and developing a system ments on a timely basis and that such an acqui- ing units under subsection (a) in accordance for prioritization of mitigation and cost to com- sition must be made in order to acquire capa- with the request for such units that are sub- plete estimates for mitigation, on Indian lands bility for national security purposes: Provided mitted to the Secretary by the Operation Walk- resulting from Department of Defense activities. further, That these restrictions shall not apply ing Shield Program on behalf of Indian tribes SEC. 8037. (a) None of the funds appropriated to contracts which are in being as of the date of located in the States of Nevada, Idaho, North in this Act may be expended by an entity of the the enactment of this Act. Dakota, South Dakota, Montana, Oregon, and Department of Defense unless the entity, in ex- SEC. 8027. For the purposes of this Act, the Minnesota. pending the funds, complies with the Buy Amer- term ‘‘congressional defense committees’’ means (c) The Operation Walking Shield Program ican Act. For purposes of this subsection, the the Armed Services Committee of the House of shall resolve any conflicts among requests of In- term ‘‘Buy American Act’’ means title III of the Representatives, the Armed Services Committee dian tribes for housing units under subsection Act entitled ‘‘An Act making appropriations for of the Senate, the Subcommittee on Defense of (a) before submitting requests to the Secretary of the Treasury and Post Office Departments for the Committee on Appropriations of the Senate, the Air Force under subsection (b). the fiscal year ending June 30, 1934, and for and the Subcommittee on Defense of the Com- (d) In this section, the term ‘‘Indian tribe’’ other purposes’’, approved March 3, 1933 (41 mittee on Appropriations of the House of Rep- means any recognized Indian tribe included on U.S.C. 10a et seq.). resentatives. the current list published by the Secretary of the (b) If the Secretary of Defense determines that SEC. 8028. During the current fiscal year, the Interior under section 104 of the Federally Rec- a person has been convicted of intentionally Department of Defense may acquire the modi- ognized Indian Tribe Act of 1994 (Public Law affixing a label bearing a ‘‘Made in America’’ fication, depot maintenance and repair of air- 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). inscription to any product sold in or shipped to craft, vehicles and vessels as well as the produc- SEC. 8032. During the current fiscal year, ap- the United States that is not made in America, tion of components and other Defense-related propriations which are available to the Depart- the Secretary shall determine, in accordance articles, through competition between Depart- ment of Defense for operation and maintenance with section 2410f of title 10, United States Code, ment of Defense depot maintenance activities may be used to purchase items having an invest- whether the person should be debarred from and private firms: Provided, That the Senior Ac- ment item unit cost of not more than $250,000. contracting with the Department of Defense. quisition Executive of the military department SEC. 8033. (a) During the current fiscal year, (c) In the case of any equipment or products or Defense Agency concerned, with power of none of the appropriations or funds available to purchased with appropriations provided under delegation, shall certify that successful bids in- the Department of Defense Working Capital this Act, it is the sense of the Congress that any clude comparable estimates of all direct and in- Funds shall be used for the purchase of an in- entity of the Department of Defense, in expend- direct costs for both public and private bids: vestment item for the purpose of acquiring a ing the appropriation, purchase only American- Provided further, That Office of Management new inventory item for sale or anticipated sale made equipment and products, provided that and Budget Circular A–76 shall not apply to during the current fiscal year or a subsequent American-made equipment and products are competitions conducted under this section. fiscal year to customers of the Department of cost-competitive, quality-competitive, and avail- SEC. 8029. (a)(1) If the Secretary of Defense, Defense Working Capital Funds if such an item able in a timely fashion. after consultation with the United States Trade would not have been chargeable to the Depart- SEC. 8038. None of the funds appropriated by Representative, determines that a foreign coun- ment of Defense Business Operations Fund dur- this Act shall be available for a contract for try which is party to an agreement described in ing fiscal year 1994 and if the purchase of such studies, analysis, or consulting services entered paragraph (2) has violated the terms of the an investment item would be chargeable during into without competition on the basis of an un- agreement by discriminating against certain the current fiscal year to appropriations made solicited proposal unless the head of the activity types of products produced in the United States to the Department of Defense for procurement. responsible for the procurement determines—

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9825 (1) as a result of thorough technical evalua- partments, Combatant Commands and Defense telligence services) for use in the activities de- tion, only one source is found fully qualified to Agencies shall be available for reimbursement of scribed in subsection (b) unless the congres- perform the proposed work; pay, allowances and other expenses which sional defense committees, the Committee on (2) the purpose of the contract is to explore an would otherwise be incurred against appropria- Foreign Affairs of the House of Representatives, unsolicited proposal which offers significant sci- tions for the National Guard and Reserve when and the Committee on Foreign Relations of the entific or technological promise, represents the members of the National Guard and Reserve Senate are notified 15 days in advance of such product of original thinking, and was submitted provide intelligence or counterintelligence sup- transfer. in confidence by one source; or port to Combatant Commands, Defense Agencies (b) This section applies to— (3) the purpose of the contract is to take ad- and Joint Intelligence Activities, including the (1) any international peacekeeping or peace- vantage of unique and significant industrial ac- activities and programs included within the Na- enforcement operation under the authority of complishment by a specific concern, or to insure tional Intelligence Program and the Military In- chapter VI or chapter VII of the United Nations that a new product or idea of a specific concern telligence Program: Provided, That nothing in Charter under the authority of a United Nations is given financial support: Provided, That this this section authorizes deviation from estab- Security Council resolution; and limitation shall not apply to contracts in an lished Reserve and National Guard personnel (2) any other international peacekeeping, amount of less than $25,000, contracts related to and training procedures. peace-enforcement, or humanitarian assistance improvements of equipment that is in develop- SEC. 8044. During the current fiscal year, none operation. ment or production, or contracts as to which a of the funds appropriated in this Act may be (c) A notice under subsection (a) shall include civilian official of the Department of Defense, used to reduce the civilian medical and medical the following— who has been confirmed by the Senate, deter- support personnel assigned to military treatment (1) A description of the equipment, supplies, mines that the award of such contract is in the facilities below the September 30, 2003, level: or services to be transferred. interest of the national defense. Provided, That the Service Surgeons General (2) A statement of the value of the equipment, SEC. 8039. (a) Except as provided in sub- may waive this section by certifying to the con- supplies, or services to be transferred. sections (b) and (c), none of the funds made gressional defense committees that the bene- (3) In the case of a proposed transfer of equip- available by this Act may be used— ficiary population is declining in some ment or supplies— (1) to establish a field operating agency; or catchment areas and civilian strength reduc- (A) a statement of whether the inventory re- (2) to pay the basic pay of a member of the tions may be consistent with responsible re- quirements of all elements of the Armed Forces Armed Forces or civilian employee of the depart- source stewardship and capitation-based budg- (including the reserve components) for the type ment who is transferred or reassigned from a eting. of equipment or supplies to be transferred have headquarters activity if the member or employ- SEC. 8045. (a) None of the funds available to been met; and ee’s place of duty remains at the location of that the Department of Defense for any fiscal year (B) a statement of whether the items proposed headquarters. for drug interdiction or counter-drug activities to be transferred will have to be replaced and, (b) The Secretary of Defense or Secretary of a may be transferred to any other department or if so, how the President proposes to provide military department may waive the limitations agency of the United States except as specifi- funds for such replacement. in subsection (a), on a case-by-case basis, if the cally provided in an appropriations law. SEC. 8050. None of the funds available to the Secretary determines, and certifies to the Com- (b) None of the funds available to the Central Department of Defense under this Act shall be mittees on Appropriations of the House of Rep- Intelligence Agency for any fiscal year for drug obligated or expended to pay a contractor under resentatives and Senate that the granting of the interdiction and counter-drug activities may be a contract with the Department of Defense for waiver will reduce the personnel requirements or transferred to any other department or agency costs of any amount paid by the contractor to the financial requirements of the department. of the United States except as specifically pro- an employee when— (c) This section does not apply to— vided in an appropriations law. (1) such costs are for a bonus or otherwise in (1) field operating agencies funded within the SEC. 8046. None of the funds appropriated by excess of the normal salary paid by the con- National Intelligence Program; or this Act may be used for the procurement of ball tractor to the employee; and (2) an Army field operating agency established and roller bearings other than those produced (2) such bonus is part of restructuring costs to eliminate, mitigate, or counter the effects of by a domestic source and of domestic origin: associated with a business combination. improvised explosive devices, and, as determined Provided, That the Secretary of the military de- (INCLUDING TRANSFER OF FUNDS) by the Secretary of the Army, other similar partment responsible for such procurement may threats. waive this restriction on a case-by-case basis by SEC. 8051. During the current fiscal year, no (RESCISSIONS) certifying in writing to the Committees on Ap- more than $30,000,000 of appropriations made in this Act under the heading ‘‘Operation and SEC. 8040. Of the funds appropriated in De- propriations of the House of Representatives Maintenance, Defense-Wide’’ may be trans- partment of Defense Appropriations Acts, the and the Senate, that adequate domestic supplies ferred to appropriations available for the pay of following funds are hereby rescinded from the are not available to meet Department of Defense military personnel, to be merged with, and to be following accounts and programs in the speci- requirements on a timely basis and that such an available for the same time period as the appro- fied amounts: acquisition must be made in order to acquire ca- priations to which transferred, to be used in ‘‘Research, Development, Test and Evalua- pability for national security purposes: Provided support of such personnel in connection with tion, Air Force, 2009/2010’’, $110,230,000; further, That this restriction shall not apply to support and services for eligible organizations ‘‘Research, Development, Test and Evalua- the purchase of ‘‘commercial items’’, as defined and activities outside the Department of Defense tion, Defense-Wide, 2009/2010’’, $199,750,000; by section 4(12) of the Office of Federal Procure- ‘‘Procurement of Weapons and Tracked Com- ment Policy Act, except that the restriction shall pursuant to section 2012 of title 10, United bat Vehicles, Army, 2009/2011’’, $41,087,000; apply to ball or roller bearings purchased as end States Code. ‘‘Other Procurement, Army, 2009/2011’’, items. SEC. 8052. (a) IN GENERAL.—Service as a mem- $138,239,000; SEC. 8047. None of the funds in this Act may ber of the Alaska Territorial Guard during ‘‘Aircraft Procurement, Air Force, 2009/2011’’, be used to purchase any supercomputer which is World War II of any individual who was honor- $628,900,000; not manufactured in the United States, unless ably discharged therefrom under section 8147 of ‘‘Missile Procurement, Air Force, 2009/2011’’, the Secretary of Defense certifies to the congres- the Department of Defense Appropriations Act, $147,595,000; sional defense committees that such an acquisi- 2001 (Public Law 106–259; 114 Stat. 705) shall be ‘‘Other Procurement, Air Force, 2009/2011’’, tion must be made in order to acquire capability treated as active service for purposes of the com- $5,000,000; for national security purposes that is not avail- putation under chapter 61, 71, 371, 571, 871, or ‘‘Procurement, Defense-Wide, 2009/2011’’, able from United States manufacturers. 1223 of title 10, United States Code, as applica- $5,200,000; and SEC. 8048. None of the funds made available in ble, of the retired pay to which such individual ‘‘Procurement, Defense-Wide, 2008/2010’’, this or any other Act may be used to pay the may be entitled under title 10, United States $2,000,000. salary of any officer or employee of the Depart- Code. SEC. 8041. None of the funds available in this ment of Defense who approves or implements the (b) APPLICABILITY.—Subsection (a) shall Act may be used to reduce the authorized posi- transfer of administrative responsibilities or apply with respect to amounts of retired pay tions for military (civilian) technicians of the budgetary resources of any program, project, or payable under title 10, United States Code, for Army National Guard, Air National Guard, activity financed by this Act to the jurisdiction months beginning on or after the date of the en- Army Reserve and Air Force Reserve for the of another Federal agency not financed by this actment of this Act. No retired pay shall be paid purpose of applying any administratively im- Act without the express authorization of Con- to any individual by reason of subsection (a) for posed civilian personnel ceiling, freeze, or reduc- gress: Provided, That this limitation shall not any period before that date. tion on military (civilian) technicians, unless apply to transfers of funds expressly provided (c) WORLD WAR II DEFINED.—In this section, such reductions are a direct result of a reduc- for in Defense Appropriations Acts, or provi- the term ‘‘World War II’’ has the meaning given tion in military force structure. sions of Acts providing supplemental appropria- that term in section 101(8) of title 38, United SEC. 8042. None of the funds appropriated or tions for the Department of Defense. States Code. otherwise made available in this Act may be ob- SEC. 8049. (a) Notwithstanding any other pro- SEC. 8053. (a) Notwithstanding any other pro- ligated or expended for assistance to the Demo- vision of law, none of the funds available to the vision of law, the Chief of the National Guard cratic People’s Republic of Korea unless specifi- Department of Defense for the current fiscal Bureau may permit the use of equipment of the cally appropriated for that purpose. year may be obligated or expended to transfer to National Guard Distance Learning Project by SEC. 8043. Funds appropriated in this Act for another nation or an international organization any person or entity on a space-available, reim- operation and maintenance of the Military De- any defense articles or services (other than in- bursable basis. The Chief of the National Guard

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Bureau shall establish the amount of reimburse- SEC. 8058. (a) None of the funds made avail- provided to such department or agency on a re- ment for such use on a case-by-case basis. able by this Act may be used to support any imbursable basis: Provided, That this restriction (b) Amounts collected under subsection (a) training program involving a unit of the secu- shall not apply if the department is authorized shall be credited to funds available for the Na- rity forces of a foreign country if the Secretary by law to provide support to such department or tional Guard Distance Learning Project and be of Defense has received credible information agency on a nonreimbursable basis, and is pro- available to defray the costs associated with the from the Department of State that the unit has viding the requested support pursuant to such use of equipment of the project under that sub- committed a gross violation of human rights, authority: Provided further, That the Secretary section. Such funds shall be available for such unless all necessary corrective steps have been of Defense may waive this restriction on a case- purposes without fiscal year limitation. taken. by-case basis by certifying in writing to the SEC. 8054. Using funds available by this Act or (b) The Secretary of Defense, in consultation Committees on Appropriations of the House of any other Act, the Secretary of the Air Force, with the Secretary of State, shall ensure that Representatives and the Senate that it is in the pursuant to a determination under section 2690 prior to a decision to conduct any training pro- national security interest to do so. of title 10, United States Code, may implement gram referred to in subsection (a), full consider- cost-effective agreements for required heating ation is given to all credible information avail- SEC. 8064. Notwithstanding section 12310(b) of facility modernization in the Kaiserslautern able to the Department of State relating to title 10, United States Code, a Reserve who is a Military Community in the Federal Republic of human rights violations by foreign security member of the National Guard serving on full- Germany: Provided, That in the City of forces. time National Guard duty under section 502(f) Kaiserslautern such agreements will include the (c) The Secretary of Defense, after consulta- of title 32, United States Code, may perform du- use of United States anthracite as the base load tion with the Secretary of State, may waive the ties in support of the ground-based elements of energy for municipal district heat to the United prohibition in subsection (a) if he determines the National Ballistic Missile Defense System. States Defense installations: Provided further, that such waiver is required by extraordinary That at Landstuhl Army Regional Medical Cen- circumstances. SEC. 8065. None of the funds provided in this ter and Ramstein Air Base, furnished heat may (d) Not more than 15 days after the exercise of Act may be used to transfer to any nongovern- be obtained from private, regional or municipal any waiver under subsection (c), the Secretary mental entity ammunition held by the Depart- services, if provisions are included for the con- of Defense shall submit a report to the congres- ment of Defense that has a center-fire cartridge sideration of United States coal as an energy sional defense committees describing the extraor- and a United States military nomenclature des- source. dinary circumstances, the purpose and duration ignation of ‘‘armor penetrator’’, ‘‘armor piercing SEC. 8055. None of the funds appropriated in of the training program, the United States forces (AP)’’, ‘‘armor piercing incendiary (API)’’, or title IV of this Act may be used to procure end- and the foreign security forces involved in the ‘‘armor-piercing incendiary-tracer (API–T)’’, ex- items for delivery to military forces for oper- training program, and the information relating cept to an entity performing demilitarization ational training, operational use or inventory to human rights violations that necessitates the services for the Department of Defense under a requirements: Provided, That this restriction waiver. contract that requires the entity to demonstrate does not apply to end-items used in develop- SEC. 8059. None of the funds appropriated or to the satisfaction of the Department of Defense ment, prototyping, and test activities preceding made available in this Act to the Department of that armor piercing projectiles are either: (1) and leading to acceptance for operational use: the Navy shall be used to develop, lease or pro- rendered incapable of reuse by the demilitariza- Provided further, That this restriction does not cure the T–AKE class of ships unless the main apply to programs funded within the National tion process; or (2) used to manufacture ammu- propulsion diesel engines and propulsors are nition pursuant to a contract with the Depart- Intelligence Program: Provided further, That manufactured in the United States by a domesti- the Secretary of Defense may waive this restric- ment of Defense or the manufacture of ammuni- cally operated entity: Provided, That the Sec- tion for export pursuant to a License for Perma- tion on a case-by-case basis by certifying in retary of Defense may waive this restriction on writing to the Committees on Appropriations of nent Export of Unclassified Military Articles a case-by-case basis by certifying in writing to issued by the Department of State. the House of Representatives and the Senate the Committees on Appropriations of the House that it is in the national security interest to do of Representatives and the Senate that adequate SEC. 8066. Notwithstanding any other provi- so. domestic supplies are not available to meet De- sion of law, the Chief of the National Guard SEC. 8056. None of the funds made available in partment of Defense requirements on a timely Bureau, or his designee, may waive payment of this Act may be used to approve or license the basis and that such an acquisition must be made all or part of the consideration that otherwise sale of the F–22A advanced tactical fighter to in order to acquire capability for national secu- would be required under section 2667 of title 10, any foreign government: Provided, That the De- rity purposes or there exists a significant cost or United States Code, in the case of a lease of per- partment of Defense may conduct or participate sonal property for a period not in excess of 1 in studies, research, design and other activities quality difference. SEC. 8060. None of the funds appropriated or to define and develop a future export version of year to any organization specified in section otherwise made available by this or other De- the F–22A that protects classified and sensitive 508(d) of title 32, United States Code, or any partment of Defense Appropriations Acts may be information, technologies and U.S. warfighting other youth, social, or fraternal nonprofit orga- obligated or expended for the purpose of per- capabilities. nization as may be approved by the Chief of the SEC. 8057. (a) The Secretary of Defense may, forming repairs or maintenance to military fam- National Guard Bureau, or his designee, on a on a case-by-case basis, waive with respect to a ily housing units of the Department of Defense, case-by-case basis. including areas in such military family housing foreign country each limitation on the procure- SEC. 8067. None of the funds appropriated by ment of defense items from foreign sources pro- units that may be used for the purpose of con- ducting official Department of Defense business. this Act shall be used for the support of any vided in law if the Secretary determines that the nonappropriated funds activity of the Depart- application of the limitation with respect to that SEC. 8061. Notwithstanding any other provi- sion of law, funds appropriated in this Act ment of Defense that procures malt beverages country would invalidate cooperative programs and wine with nonappropriated funds for resale entered into between the Department of Defense under the heading ‘‘Research, Development, (including such alcoholic beverages sold by the and the foreign country, or would invalidate re- Test and Evaluation, Defense-Wide’’ for any drink) on a military installation located in the ciprocal trade agreements for the procurement of new start advanced concept technology dem- United States unless such malt beverages and defense items entered into under section 2531 of onstration project or joint capability demonstra- title 10, United States Code, and the country tion project may only be obligated 30 days after wine are procured within that State, or in the does not discriminate against the same or simi- a report, including a description of the project, case of the District of Columbia, within the Dis- lar defense items produced in the United States the planned acquisition and transition strategy trict of Columbia, in which the military installa- for that country. and its estimated annual and total cost, has tion is located: Provided, That in a case in (b) Subsection (a) applies with respect to— been provided in writing to the congressional which the military installation is located in (1) contracts and subcontracts entered into on defense committees: Provided, That the Sec- more than one State, purchases may be made in or after the date of the enactment of this Act; retary of Defense may waive this restriction on any State in which the installation is located: and a case-by-case basis by certifying to the congres- Provided further, That such local procurement (2) options for the procurement of items that sional defense committees that it is in the na- requirements for malt beverages and wine shall are exercised after such date under contracts tional interest to do so. apply to all alcoholic beverages only for military that are entered into before such date if the op- SEC. 8062. The Secretary of Defense shall pro- installations in States which are not contiguous tion prices are adjusted for any reason other vide a classified quarterly report beginning 30 with another State: Provided further, That alco- than the application of a waiver granted under days after enactment of this Act, to the House holic beverages other than wine and malt bev- subsection (a). and Senate Appropriations Committees, Sub- erages, in contiguous States and the District of (c) Subsection (a) does not apply to a limita- committees on Defense on certain matters as di- Columbia shall be procured from the most com- tion regarding construction of public vessels, rected in the classified annex accompanying this petitive source, price and other factors consid- ball and roller bearings, food, and clothing or Act. ered. textile materials as defined by section 11 (chap- SEC. 8063. During the current fiscal year, none ters 50–65) of the Harmonized Tariff Schedule of the funds available to the Department of De- SEC. 8068. Funds available to the Department and products classified under headings 4010, fense may be used to provide support to another of Defense for the Global Positioning System 4202, 4203, 6401 through 6406, 6505, 7019, 7218 department or agency of the United States if during the current fiscal year may be used to through 7229, 7304.41 through 7304.49, 7306.40, such department or agency is more than 90 days fund civil requirements associated with the sat- 7502 through 7508, 8105, 8108, 8109, 8211, 8215, in arrears in making payment to the Depart- ellite and ground control segments of such sys- and 9404. ment of Defense for goods or services previously tem’s modernization program.

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(INCLUDING TRANSFER OF FUNDS) ify command and control relationships to give Code, shall include separate budget justification SEC. 8069. Of the amounts appropriated in this Fleet Forces Command administrative and oper- documents for costs of United States Armed Act under the heading ‘‘Operation and Mainte- ational control of U.S. Navy forces assigned to Forces’ participation in contingency operations nance, Army’’, $106,754,000 shall remain avail- the Pacific fleet: Provided, That the command for the Military Personnel accounts, the Oper- able until expended: Provided, That notwith- and control relationships which existed on Octo- ation and Maintenance accounts, and the Pro- standing any other provision of law, the Sec- ber 1, 2004, shall remain in force unless changes curement accounts: Provided, That these docu- retary of Defense is authorized to transfer such are specifically authorized in a subsequent Act. ments shall include a description of the funding funds to other activities of the Federal Govern- SEC. 8074. Notwithstanding any other provi- requested for each contingency operation, for ment: Provided further, That the Secretary of sion of law or regulation, the Secretary of De- each military service, to include all Active and Defense is authorized to enter into and carry fense may exercise the provisions of section Reserve components, and for each appropria- out contracts for the acquisition of real prop- 7403(g) of title 38, United States Code, for occu- tions account: Provided further, That these doc- erty, construction, personal services, and oper- pations listed in section 7403(a)(2) of title 38, uments shall include estimated costs for each ations related to projects carrying out the pur- United States Code, as well as the following: element of expense or object class, a reconcili- poses of this section: Provided further, That Pharmacists, Audiologists, Psychologists, So- ation of increases and decreases for each contin- contracts entered into under the authority of cial Workers, Othotists/Prosthetists, Occupa- gency operation, and programmatic data includ- this section may provide for such indemnifica- tional Therapists, Physical Therapists, Reha- ing, but not limited to, troop strength for each tion as the Secretary determines to be necessary: bilitation Therapists, Respiratory Therapists, Active and Reserve component, and estimates of Provided further, That projects authorized by Speech Pathologists, Dietitian/Nutritionists, In- the major weapons systems deployed in support this section shall comply with applicable Fed- dustrial Hygienists, Psychology Technicians, of each contingency: Provided further, That eral, State, and local law to the maximum extent Social Service Assistants, Practical Nurses, these documents shall include budget exhibits consistent with the national security, as deter- Nursing Assistants, and Dental Hygienists: OP–5 and OP–32 (as defined in the Department (A) The requirements of section 7403(g)(1)(A) mined by the Secretary of Defense. of Defense Financial Management Regulation) of title 38, United States Code, shall apply. SEC. 8070. Section 8106 of the Department of for all contingency operations for the budget (B) The limitations of section 7403(g)(1)(B) of year and the two preceding fiscal years. Defense Appropriations Act, 1997 (titles I title 38, United States Code, shall not apply. through VIII of the matter under subsection SEC. 8080. None of the funds in this Act may SEC. 8075. Funds appropriated by this Act, or be used for research, development, test, evalua- 101(b) of Public Law 104–208; 110 Stat. 3009–111; made available by the transfer of funds in this 10 U.S.C. 113 note) shall continue in effect to tion, procurement or deployment of nuclear Act, for intelligence activities are deemed to be armed interceptors of a missile defense system. apply to disbursements that are made by the De- specifically authorized by the Congress for pur- partment of Defense in fiscal year 2010. SEC. 8081. None of the funds appropriated or poses of section 504 of the National Security Act made available in this Act shall be used to re- (INCLUDING TRANSFER OF FUNDS) of 1947 (50 U.S.C. 414) during fiscal year 2010 duce or disestablish the operation of the 53rd SEC. 8071. Of the amounts appropriated in this until the enactment of the Intelligence Author- Weather Reconnaissance Squadron of the Air Act under the heading ‘‘Research, Development, ization Act for Fiscal Year 2010. Force Reserve, if such action would reduce the SEC. 8076. None of the funds provided in this Test and Evaluation, Defense-Wide’’, WC–130 Weather Reconnaissance mission below Act shall be available for obligation or expendi- $202,434,000 shall be for the Israeli Cooperative the levels funded in this Act: Provided, That the ture through a reprogramming of funds that cre- Programs: Provided, That of this amount, Air Force shall allow the 53rd Weather Recon- ates or initiates a new program, project, or ac- $80,092,000 shall be for the Short Range Ballistic naissance Squadron to perform other missions in tivity unless such program, project, or activity Missile Defense (SRBMD) program, $50,036,000 support of national defense requirements during must be undertaken immediately in the interest shall be available for an upper-tier component the non-hurricane season. of national security and only after written prior to the Israeli Missile Defense Architecture, and SEC. 8082. None of the funds provided in this $72,306,000 shall be for the Arrow Missile De- notification to the congressional defense com- Act shall be available for integration of foreign fense Program, of which $25,000,000 shall be for mittees. intelligence information unless the information SEC. 8077. In addition to funds made available producing Arrow missile components in the has been lawfully collected and processed dur- elsewhere in this Act, $5,500,000 is hereby appro- United States and Arrow missile components in ing the conduct of authorized foreign intel- priated and shall remain available until ex- Israel to meet Israel’s defense requirements, con- ligence activities: Provided, That information pended to provide assistance, by grant or other- sistent with each nation’s laws, regulations and pertaining to United States persons shall only wise (such as the provision of funds for informa- procedures: Provided further, That funds made be handled in accordance with protections pro- tion technology and textbook purchases, profes- available under this provision for production of vided in the Fourth Amendment of the United sional development for educators, and student missiles and missile components may be trans- States Constitution as implemented through Ex- transition support) to public schools in states ferred to appropriations available for the pro- ecutive Order No. 12333. that are considered overseas assignments with curement of weapons and equipment, to be SEC. 8083. (a) At the time members of reserve unusually high concentrations of special needs merged with and to be available for the same components of the Armed Forces are called or military dependents enrolled: Provided, That up time period and the same purposes as the appro- ordered to active duty under section 12302(a) of to 2 percent of the total appropriated funds priation to which transferred: Provided further, title 10, United States Code, each member shall under this section shall be available for the ad- That the transfer authority provided under this be notified in writing of the expected period dur- ministration and execution of the programs and/ provision is in addition to any other transfer ing which the member will be mobilized. authority contained in this Act. or events that promote the purpose of this ap- (b) The Secretary of Defense may waive the propriation: Provided further, That up to 5 per- (INCLUDING TRANSFER OF FUNDS) requirements of subsection (a) in any case in cent of the total appropriated funds under this which the Secretary determines that it is nec- SEC. 8072. Of the amounts appropriated in this section shall be available to public schools that essary to do so to respond to a national security Act under the heading ‘‘Shipbuilding and Con- have entered into a military partnership: Pro- version, Navy’’, $144,950,000 shall be available emergency or to meet dire operational require- vided further, That $1,000,000 shall be available ments of the Armed Forces. until September 30, 2010, to fund prior year ship- for a nonprofit trust fund to assist in the public- building cost increases: Provided, That upon en- private funding of public school repair and (INCLUDING TRANSFER OF FUNDS) actment of this Act, the Secretary of the Navy maintenance projects: Provided further, That SEC. 8084. The Secretary of Defense may shall transfer such funds to the following ap- $500,000 shall be available to fund an ongoing transfer funds from any available Department propriations in the amounts specified: Provided special education support program in public of the Navy appropriation to any available further, That the amounts transferred shall be schools with unusually high concentrations of Navy ship construction appropriation for the merged with and be available for the same pur- active duty military dependents enrolled: Pro- purpose of liquidating necessary changes result- poses as the appropriations to which trans- vided further, That to the extent a Federal ing from inflation, market fluctuations, or rate ferred: agency provides this assistance by contract, adjustments for any ship construction program To: grant, or otherwise, it may accept and expend appropriated in law: Provided, That the Sec- Under the heading ‘‘Shipbuilding and Conver- non-Federal funds in combination with these retary may transfer not to exceed $100,000,000 sion, Navy, 2004/2010’’: Federal funds to provide assistance for the au- under the authority provided by this section: New SSN, $26,906,000; and thorized purpose. Provided further, That the Secretary may not LPD–17 Amphibious Transport Dock Program, SEC. 8078. In addition to the amounts appro- transfer any funds until 30 days after the pro- $16,844,000. priated or otherwise made available elsewhere in posed transfer has been reported to the Commit- Under the heading ‘‘Shipbuilding and Conver- this Act, $50,500,000 is hereby appropriated to tees on Appropriations of the House of Rep- sion, Navy, 2005/2010’’: the Department of Defense: Provided, That the resentatives and the Senate, unless a response New SSN, $18,702,000; and Secretary of Defense shall make grants in the from the Committees is received sooner: Provided LPD–17 Amphibious Transport Dock Program, amounts specified as follows: $20,000,000 to the further, That the transfer authority provided by $16,498,000. Edward M. Kennedy Institute for the Senate; this section is in addition to any other transfer Under the heading ‘‘Shipbuilding and Conver- $5,500,000 to the U.S.S. Missouri Memorial Asso- authority contained elsewhere in this Act. sion, Navy, 2008/2012’’: ciation; and $25,000,000 to the National World SEC. 8085. For purposes of section 612 of title LPD–17 Amphibious Transport Dock Program, War II Museum. 41, United States Code, any subdivision of ap- $66,000,000. SEC. 8079. The budget of the President for fis- propriations made under the heading ‘‘Ship- SEC. 8073. None of the funds available to the cal year 2011 submitted to the Congress pursu- building and Conversion, Navy’’ that is not Department of Defense may be obligated to mod- ant to section 1105 of title 31, United States closed at the time reimbursement is made shall

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be available to reimburse the Judgment Fund livery/indefinite quantity contracts with a total SEC. 8099. The Department of Defense shall and shall be considered for the same purposes as contract value of $130,000,000 or higher. continue to report incremental contingency op- any subdivision under the heading ‘‘Ship- SEC. 8094. The Director of National Intel- erations costs for Operation Iraqi Freedom and building and Conversion, Navy’’ appropriations ligence shall include the budget exhibits identi- Operation Enduring Freedom on a monthly in the current fiscal year or any prior fiscal fied in paragraphs (1) and (2) as described in basis in the Cost of War Execution Report as year. the Department of Defense Financial Manage- prescribed in the Department of Defense Finan- SEC. 8086. (a) None of the funds appropriated ment Regulation with the congressional budget cial Management Regulation Department of De- by this Act may be used to transfer research and justification books. fense Instruction 7000.14, Volume 12, Chapter 23 development, acquisition, or other program au- (1) For procurement programs requesting more ‘‘Contingency Operations’’, Annex 1, dated Sep- thority relating to current tactical unmanned than $20,000,000 in any fiscal year, the P–1, Pro- tember 2005. aerial vehicles (TUAVs) from the Army. curement Program; P–5, Cost Analysis; P–5a, SEC. 8100. The amounts appropriated in title (b) The Army shall retain responsibility for Procurement History and Planning; P–21, Pro- II of this Act are hereby reduced by $500,000,000 and operational control of the MQ–1C Sky War- duction Schedule; and P–40 Budget Item Jus- to reflect excess cash balances in Department of rior Unmanned Aerial Vehicle (UAV) in order to tification. Defense Working Capital Funds, as follows: support the Secretary of Defense in matters re- (2) For research, development, test and eval- From ‘‘Operation and Maintenance, Air lating to the employment of unmanned aerial uation projects requesting more than $10,000,000 Force’’, $500,000,000. vehicles. in any fiscal year, the R–1, RDT&E Program; SEC. 8101. During the current fiscal year, not SEC. 8087. Of the funds provided in this Act, R–2, RDT&E Budget Item Justification; R–3, to exceed $10,000,000 from each of the appropria- $10,000,000 shall be available for the operations RDT&E Project Cost Analysis; and R–4, RDT&E tions made in title III of this Act for ‘‘Operation and development of training and technology for Program Schedule Profile. and Maintenance, Army’’, ‘‘Operation and the Joint Interagency Training and Education SEC. 8095. None of the funds made available in Maintenance, Navy’’, and ‘‘Operation and Center and the affiliated Center for National this Act may be used in contravention of the fol- Maintenance, Air Force’’ may be transferred by Response at the Memorial Tunnel and for pro- lowing laws enacted or regulations promulgated the military department concerned to its central viding homeland defense/security and tradi- to implement the United Nations Convention fund established for Fisher Houses and Suites tional warfighting training to the Department of Against Torture and Other Cruel, Inhuman or pursuant to section 2493(d) of title 10, United Degrading Treatment or Punishment (done at Defense, other Federal agencies, and State and States Code. New York on December 10, 1984): local first responder personnel at the Joint SEC. 8102. Of the funds appropriated in the (1) Section 2340A of title 18, United States Interagency Training and Education Center. Intelligence Community Management Account Code. SEC. 8088. Notwithstanding any other provi- (2) Section 2242 of the Foreign Affairs Reform for the Program Manager for the Information sion of law or regulation, the Secretary of De- and Restructuring Act of 1998 (division G of Sharing Environment, $24,000,000 is available fense may adjust wage rates for civilian employ- Public Law 105–277; 112 Stat. 2681–822; 8 U.S.C. for transfer by the Director of National Intel- ees hired for certain health care occupations as 1231 note) and regulations prescribed thereto, ligence to other departments and agencies for authorized for the Secretary of Veterans Affairs including regulations under part 208 of title 8, purposes of Government-wide information shar- by section 7455 of title 38, United States Code. Code of Federal Regulations, and part 95 of title ing activities: Provided, That funds transferred SEC. 8089. Up to $16,000,000 of the funds ap- 22, Code of Federal Regulations. under this provision are to be merged with and propriated under the heading ‘‘Operation and (3) Sections 1002 and 1003 of the Department available for the same purposes and time period Maintenance, Navy’’ may be made available for of Defense, Emergency Supplemental Appropria- as the appropriation to which transferred: Pro- the Asia Pacific Regional Initiative Program for tions to Address Hurricanes in the Gulf of Mex- vided further, That the Office of Management the purpose of enabling the Pacific Command to ico, and Pandemic Influenza Act, 2006 (Public and Budget must approve any transfers made execute Theater Security Cooperation activities Law 109–148). under this provision. such as humanitarian assistance, and payment SEC. 8096. (a) Not later than 60 days after en- SEC. 8103. Funds appropriated by this Act for of incremental and personnel costs of training actment of this Act, the Office of the Director of operation and maintenance shall be available and exercising with foreign security forces: Pro- National Intelligence shall submit a report to for the purpose of making remittances to the De- vided, That funds made available for this pur- the congressional intelligence committees to es- fense Acquisition Workforce Development Fund pose may be used, notwithstanding any other tablish the baseline for application of re- in accordance with the requirements of section funding authorities for humanitarian assist- programming and transfer authorities for fiscal 1705 of title 10, United States Code. ance, security assistance or combined exercise year 2010: Provided, That the report shall in- TITLE IX expenses: Provided further, That funds may not clude— OVERSEAS CONTINGENCY OPERATIONS be obligated to provide assistance to any foreign (1) a table for each appropriation with a sepa- MILITARY PERSONNEL country that is otherwise prohibited from receiv- rate column to display the President’s budget re- ing such type of assistance under any other pro- quest, adjustments made by Congress, adjust- MILITARY PERSONNEL, ARMY vision of law. ments due to enacted rescissions, if appropriate, For an additional amount for ‘‘Military Per- SEC. 8090. None of the funds appropriated by and the fiscal year enacted level; sonnel, Army’’, $9,597,340,000. this Act for programs of the Office of the Direc- (2) a delineation in the table for each appro- MILITARY PERSONNEL, NAVY tor of National Intelligence shall remain avail- priation by Expenditure Center and project; and For an additional amount for ‘‘Military Per- able for obligation beyond the current fiscal (3) an identification of items of special con- sonnel, Navy’’, $1,175,601,000. year, except for funds appropriated for research gressional interest. MILITARY PERSONNEL, MARINE CORPS and technology, which shall remain available (b) None of the funds provided for the Na- until September 30, 2011. tional Intelligence Program in this Act shall be For an additional amount for ‘‘Military Per- SEC. 8091. Notwithstanding any other provi- available for reprogramming or transfer until sonnel, Marine Corps’’, $670,722,000. sion of this Act, to reflect savings from revised the report identified in subsection (a) is sub- MILITARY PERSONNEL, AIR FORCE economic assumptions, the total amount appro- mitted to the congressional intelligence commit- For an additional amount for ‘‘Military Per- priated in title II of this Act is hereby reduced tees, unless the Director of National Intelligence sonnel, Air Force’’, $1,445,376,000. by $294,000,000, the total amount appropriated certifies in writing to the congressional intel- RESERVE PERSONNEL, ARMY in title III of this Act is hereby reduced by ligence committees that such reprogramming or For an additional amount for ‘‘Reserve Per- $322,000,000, the total amount appropriated in transfer is necessary as an emergency require- sonnel, Army’’, $293,637,000. title IV of this Act is hereby reduced by ment. $236,000,000, and the total amount appropriated SEC. 8097. The Director of National Intel- RESERVE PERSONNEL, NAVY in title V of this Act is hereby reduced by ligence shall submit to Congress each year, at or For an additional amount for ‘‘Reserve Per- $9,000,000: Provided, That the Secretary of De- about the time that the President’s budget is sonnel, Navy’’, $37,040,000. fense shall allocate this reduction proportion- submitted to Congress that year under section RESERVE PERSONNEL, MARINE CORPS ally to each budget activity, activity group, sub- 1105(a) of title 31, United States Code, a future- For an additional amount for ‘‘Reserve Per- activity group, and each program, project, and years intelligence program (including associated sonnel, Marine Corps’’, $31,337,000. annexes) reflecting the estimated expenditures activity, within each appropriation account. RESERVE PERSONNEL, AIR FORCE SEC. 8092. For purposes of section 1553(b) of and proposed appropriations included in that title 31, United States Code, any subdivision of budget. Any such future-years intelligence pro- For an additional amount for ‘‘Reserve Per- appropriations made in this Act under the head- gram shall cover the fiscal year with respect to sonnel, Air Force’’, $19,822,000. ing ‘‘Shipbuilding and Conversion, Navy’’ shall which the budget is submitted and at least the NATIONAL GUARD PERSONNEL, ARMY be considered to be for the same purpose as any four succeeding fiscal years. For an additional amount for ‘‘National subdivision under the heading ‘‘Shipbuilding SEC. 8098. For the purposes of this Act, the Guard Personnel, Army’’, $824,966,000. and Conversion, Navy’’ appropriations in any term ‘‘congressional intelligence committees’’ NATIONAL GUARD PERSONNEL, AIR FORCE prior fiscal year, and the 1 percent limitation means the Permanent Select Committee on Intel- For an additional amount for ‘‘National shall apply to the total amount of the appro- ligence of the House of Representatives, the Se- Guard Personnel, Air Force’’, $9,500,000. priation. lect Committee on Intelligence of the Senate, the SEC. 8093. Notwithstanding any other provi- Subcommittee on Defense of the Committee on OPERATION AND MAINTENANCE sion of law, that not more than 35 percent of Appropriations of the House of Representatives, OPERATION AND MAINTENANCE, ARMY funds provided in this Act for environmental re- and the Subcommittee on Defense of the Com- For an additional amount for ‘‘Operation and mediation may be obligated under indefinite de- mittee on Appropriations of the Senate. Maintenance, Army’’, $51,928,167,000.

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OPERATION AND MAINTENANCE, NAVY the Secretary’s designee, to provide assistance, OTHER PROCUREMENT, AIR FORCE For an additional amount for ‘‘Operation and with the concurrence of the Secretary of State, For an additional amount for ‘‘Other Procure- Maintenance, Navy’’, $5,899,597,000. to the security forces of Afghanistan, including ment, Air Force’’, $3,138,021,000, to remain the provision of equipment, supplies, services, OPERATION AND MAINTENANCE, MARINE CORPS available until September 30, 2012. training, facility and infrastructure repair, ren- PROCUREMENT, DEFENSE-WIDE For an additional amount for ‘‘Operation and ovation, and construction, and funding: Pro- Maintenance, Marine Corps’’, $3,775,270,000. vided further, That the authority to provide as- For an additional amount for ‘‘Procurement, OPERATION AND MAINTENANCE, AIR FORCE sistance under this heading is in addition to any Defense-Wide’’, $480,780,000, to remain available until September 30, 2012. For an additional amount for ‘‘Operation and other authority to provide assistance to foreign Maintenance, Air Force’’, $9,929,868,000. nations: Provided further, That contributions of MINE RESISTANT AMBUSH PROTECTED VEHICLE funds for the purposes provided herein from any FUND OPERATION AND MAINTENANCE, DEFENSE-WIDE person, foreign government, or international or- (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Operation and ganization may be credited to this Fund and Maintenance, Defense-Wide’’, $7,550,900,000, of For the Mine Resistant Ambush Protected Ve- used for such purposes: Provided further, That hicle Fund, $6,656,000,000, to remain available which: the Secretary of Defense shall notify the con- (1) Not to exceed $12,500,000 for the Combatant until September 30, 2011: Provided, That such gressional defense committees in writing upon funds shall be available to the Secretary of De- Commander Initiative Fund, to be used in sup- the receipt and upon the obligation of any con- port of Operation Iraqi Freedom and Operation fense, notwithstanding any other provision of tribution, delineating the sources and amounts law, to procure, sustain, transport, and field Enduring Freedom; and of the funds received and the specific use of (2) Not to exceed $1,600,000,000, to remain Mine Resistant Ambush Protected vehicles: Pro- such contributions: Provided further, That the vided further, That the Secretary shall transfer available until expended, for payments to reim- Secretary of Defense shall, not fewer than 15 burse key cooperating nations for logistical, such funds only to appropriations for operation days prior to obligating from this appropriation and maintenance; procurement; research, devel- military, and other support, including access account, notify the congressional defense com- provided to United States military operations in opment, test and evaluation; and defense work- mittees in writing of the details of any such ob- ing capital funds to accomplish the purpose pro- support of Operation Iraqi Freedom and Oper- ligation. ation Enduring Freedom, notwithstanding any vided herein: Provided further, That this trans- PROCUREMENT other provision of law: Provided, That such re- fer authority is in addition to any other transfer imbursement payments may be made in such AIRCRAFT PROCUREMENT, ARMY authority available to the Department of De- amounts as the Secretary of Defense, with the For an additional amount for ‘‘Aircraft Pro- fense: Provided further, That the Secretary concurrence of the Secretary of State, and in curement, Army’’, $1,119,319,000, to remain shall, not fewer than 10 days prior to making consultation with the Director of the Office of available until September 30, 2012. transfers from this appropriation, notify the Management and Budget, may determine, in his MISSILE PROCUREMENT, ARMY congressional defense committees in writing of the details of any such transfer. discretion, based on documentation determined For an additional amount for ‘‘Missile Pro- by the Secretary of Defense to adequately ac- curement, Army’’, $475,954,000, to remain avail- RESEARCH, DEVELOPMENT, TEST AND count for the support provided, and such deter- able until September 30, 2012. EVALUATION mination is final and conclusive upon the ac- PROCUREMENT OF WEAPONS AND TRACKED RESEARCH, DEVELOPMENT, TEST AND counting officers of the United States, and 15 COMBAT VEHICLES, ARMY EVALUATION, ARMY days following notification to the appropriate For an additional amount for ‘‘Procurement For an additional amount for ‘‘Research, De- congressional committees: Provided further, of Weapons and Tracked Combat Vehicles, velopment, Test and Evaluation, Army’’, That these funds may be used for the purpose of Army’’, $875,866,000, to remain available until $57,962,000, to remain available until September providing specialized training and procuring September 30, 2012. 30, 2011. supplies and specialized equipment and pro- viding such supplies and loaning such equip- PROCUREMENT OF AMMUNITION, ARMY RESEARCH, DEVELOPMENT, TEST AND ment on a non-reimbursable basis to coalition For an additional amount for ‘‘Procurement EVALUATION, NAVY forces supporting United States military oper- of Ammunition, Army’’, $365,635,000, to remain For an additional amount for ‘‘Research, De- ations in Iraq and Afghanistan, and 15 days fol- available until September 30, 2012. velopment, Test and Evaluation, Navy’’, lowing notification to the appropriate congres- OTHER PROCUREMENT, ARMY $84,180,000, to remain available until September 30, 2011. sional committees: Provided further, That the For an additional amount for ‘‘Other Procure- Secretary of Defense shall provide quarterly re- ment, Army’’, $4,874,176,000, to remain available RESEARCH, DEVELOPMENT, TEST AND ports to the congressional defense committees on until September 30, 2012. EVALUATION, AIR FORCE the use of funds provided in this paragraph. AIRCRAFT PROCUREMENT, NAVY For an additional amount for ‘‘Research, De- OPERATION AND MAINTENANCE, ARMY RESERVE For an additional amount for ‘‘Aircraft Pro- velopment, Test and Evaluation, Air Force’’, For an additional amount for ‘‘Operation and curement, Navy’’, $1,342,577,000, to remain $39,286,000, to remain available until September Maintenance, Army Reserve’’, $234,898,000. available until September 30, 2012. 30, 2011. OPERATION AND MAINTENANCE, NAVY RESERVE WEAPONS PROCUREMENT, NAVY RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE For an additional amount for ‘‘Operation and For an additional amount for ‘‘Weapons Pro- Maintenance, Navy Reserve’’, $68,059,000. curement, Navy’’, $50,700,000, to remain avail- For an additional amount for ‘‘Research, De- velopment, Test and Evaluation, Defense- OPERATION AND MAINTENANCE, MARINE CORPS able until September 30, 2012. Wide’’, $112,196,000, to remain available until RESERVE PROCUREMENT OF AMMUNITION, NAVY AND September 30, 2011. For an additional amount for ‘‘Operation and MARINE CORPS REVOLVING AND MANAGEMENT FUNDS Maintenance, Marine Corps Reserve’’, For an additional amount for ‘‘Procurement $86,667,000. of Ammunition, Navy and Marine Corps’’, DEFENSE WORKING CAPITAL FUNDS OPERATION AND MAINTENANCE, AIR FORCE $681,957,000, to remain available until September For an additional amount for ‘‘Defense Work- RESERVE 30, 2012. ing Capital Funds’’, $412,215,000. For an additional amount for ‘‘Operation and OTHER PROCUREMENT, NAVY OTHER DEPARTMENT OF DEFENSE Maintenance, Air Force Reserve’’, $125,925,000. For an additional amount for ‘‘Other Procure- PROGRAMS OPERATION AND MAINTENANCE, ARMY NATIONAL ment, Navy’’, $260,118,000, to remain available DEFENSE HEALTH PROGRAM GUARD until September 30, 2012. For an additional amount for ‘‘Defense For an additional amount for ‘‘Operation and PROCUREMENT, MARINE CORPS Health Program’’, $1,563,675,000, which shall be Maintenance, Army National Guard’’, For an additional amount for ‘‘Procurement, for operation and maintenance. $450,246,000. Marine Corps’’, $868,197,000, to remain available DRUG INTERDICTION AND COUNTER-DRUG until September 30, 2012. OPERATION AND MAINTENANCE, AIR NATIONAL ACTIVITIES GUARD AIRCRAFT PROCUREMENT, AIR FORCE For an additional amount for ‘‘Drug Interdic- For an additional amount for ‘‘Operation and For an additional amount for ‘‘Aircraft Pro- tion and Counter-Drug Activities’’, $353,603,000, Maintenance, Air National Guard’’, curement, Air Force’’, $736,501,000, to remain to remain available until September 30, 2011. $289,862,000. available until September 30, 2012. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT AFGHANISTAN SECURITY FORCES FUND MISSILE PROCUREMENT, AIR FORCE FUND For the ‘‘Afghanistan Security Forces Fund’’, For an additional amount for ‘‘Missile Pro- (INCLUDING TRANSFER OF FUNDS) $6,562,769,000, to remain available until Sep- curement, Air Force’’, $36,625,000, to remain For the ‘‘Joint Improvised Explosive Device tember 30, 2011: Provided, That such funds shall available until September 30, 2012. Defeat Fund’’, $2,033,560,000, to remain avail- be available to the Secretary of Defense, not- PROCUREMENT OF AMMUNITION, AIR FORCE able until September 30, 2012: Provided, That withstanding any other provision of law, for the For an additional amount for ‘‘Procurement such funds shall be available to the Secretary of purpose of allowing the Commander, Combined of Ammunition, Air Force’’, $256,819,000, to re- Defense, notwithstanding any other provision of Security Transition Command—Afghanistan, or main available until September 30, 2012. law, for the purpose of allowing the Director of

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9830 CONGRESSIONAL RECORD — SENATE September 24, 2009 the Joint Improvised Explosive Device Defeat a limit of $250,000 per vehicle, notwithstanding appropriations Acts, including estimates by the Organization to investigate, develop and provide price or other limitations applicable to the pur- commanders referred to in subsection (a) of the equipment, supplies, services, training, facilities, chase of passenger carrying vehicles. costs to complete each project. personnel and funds to assist United States SEC. 9005. Not to exceed $1,200,000,000 of the (3) An estimated total cost to train and equip forces in the defeat of improvised explosive de- amount appropriated in this title under the the Iraq, Afghanistan, and Pakistan security vices: Provided further, That within 60 days of heading ‘‘Operation and Maintenance, Army’’ forces, disaggregated by major program and sub- the enactment of this Act, a plan for the in- may be used, notwithstanding any other provi- elements by force, arrayed by fiscal year. tended management and use of the amounts sion of law, to fund the Commander’s Emer- (c) The Secretary of Defense shall notify the provided under this heading shall be submitted gency Response Program, for the purpose of en- congressional defense committees of any pro- to the congressional defense committees: Pro- abling military commanders in Iraq and Af- posed new projects or transfers of funds between vided further, That the Secretary of Defense ghanistan to respond to urgent humanitarian sub-activity groups in excess of $20,000,000 using shall submit a report not later than 60 days relief and reconstruction requirements within funds appropriated by this or any prior Act after the end of each fiscal quarter to the con- their areas of responsibility: Provided, That not under the headings ‘‘Iraq Security Forces gressional defense committees providing assess- later than 15 days after the end of each fiscal Fund’’, ‘‘Afghanistan Security Forces Fund’’, ments of the evolving threats, individual service year quarter, the Secretary of Defense shall sub- and ‘‘Pakistan Counterinsurgency Fund’’. requirements to counter the threats, the current mit to the congressional defense committees a re- SEC. 9010. (a) None of the funds appropriated strategy for predeployment training of members port regarding the source of funds and the allo- or otherwise made available by this Act or any of the Armed Forces on improvised explosive de- cation and use of funds during that quarter prior Act may be used to transfer, release, or in- vices, and details on the execution of this Fund: that were made available pursuant to the au- carcerate any individual who was detained as Provided further, That the Secretary of Defense thority provided in this section or under any of October 1, 2009, at Naval Station, Guanta- may transfer funds provided herein to appro- other provision of law for the purposes described namo Bay, Cuba, to or within the United States priations for operation and maintenance; pro- herein. or its territories. curement; research, development, test and eval- SEC. 9006. Funds available to the Department (b) In this section, the term ‘‘United States’’ uation; and defense working capital funds to of Defense for operation and maintenance may means the several States and the District of Co- accomplish the purpose provided herein: Pro- be used, notwithstanding any other provision of lumbia. vided further, That amounts transferred shall be law, to provide supplies, services, transpor- SEC. 9011. In addition to amounts made avail- merged with and available for the same pur- tation, including airlift and sealift, and other able elsewhere in this title there is hereby appro- poses and time period as the appropriations to logistical support to coalition forces supporting priated $329,000,000 for the purchase of fuel to which transferred: Provided further, That this military and stability operations in Iraq and Af- the following accounts in the specified amounts: transfer authority is in addition to any other ghanistan: Provided, That the Secretary of De- ‘‘Operation and Maintenance, Army’’, transfer authority available to the Department fense shall provide quarterly reports to the con- $83,552,000; of Defense: Provided further, That the Secretary gressional defense committees regarding support ‘‘Operation and Maintenance, Navy’’, of Defense shall, not fewer than 15 days prior to provided under this section. $33,889,000; SEC. 9007. Each amount in this title is des- making transfers from this appropriation, notify ‘‘Operation and Maintenance, Marine ignated as being for overseas deployments and the congressional defense committees in writing Corps’’, $1,619,000; of the details of any such transfer. other activities pursuant to section 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), the ‘‘Operation and Maintenance, Air Force’’, OFFICE OF THE INSPECTOR GENERAL concurrent resolution on the budget for fiscal $179,191,000; For an additional amount for the ‘‘Office of year 2010. ‘‘Operation and Maintenance, Army Re- the Inspector General’’, $8,876,000. SEC. 9008. None of the funds appropriated or serve’’, $8,567,000; GENERAL PROVISIONS—THIS TITLE otherwise made available by this or any other ‘‘Operation and Maintenance, Navy Reserve’’, $3,007,000; SEC. 9001. Notwithstanding any other provi- Act shall be obligated or expended by the United sion of law, funds made available in this title States Government for a purpose as follows: ‘‘Operation and Maintenance, Marine Corps are in addition to amounts appropriated or oth- (1) To establish any military installation or Reserve’’, $39,000; and erwise made available for the Department of De- base for the purpose of providing for the perma- ‘‘Operation and Maintenance, Army National fense for fiscal year 2010. nent stationing of United States Armed Forces Guard’’, $19,136,000. in Iraq. This Act may be cited as the ‘‘Department of (INCLUDING TRANSFER OF FUNDS) (2) To exercise United States control over any Defense Appropriations Act, 2010’’. SEC. 9002. Upon the determination of the Sec- oil resource of Iraq. retary of Defense that such action is necessary Mr. INOUYE. Mr. President, today (3) To establish any military installation or the Senate will begin consideration of in the national interest, the Secretary may, with base for the purpose of providing for the perma- the approval of the Office of Management and nent stationing of United States Armed Forces the bill making appropriations for the Budget, transfer up to $4,000,000,000 between the in Afghanistan. Department of Defense for fiscal year appropriations or funds made available to the SEC. 9009. (a) The Director of the Office of 2010. On behalf of the committee, Vice Department of Defense in this title: Provided, Management and Budget, in consultation with Chairman COCHRAN and I are recom- That the Secretary shall notify the Congress the Secretary of Defense; the Commander of the mending funding which totals $636.3 promptly of each transfer made pursuant to the United States Central Command; the Com- billion for the discretionary programs authority in this section: Provided further, That mander, Multi-National Security Transition under the Defense Subcommittee’s ju- the authority provided in this section is in addi- Command—Iraq; and the Commander, Combined tion to any other transfer authority available to Security Transition Command—Afghanistan, risdiction. the Department of Defense and is subject to the shall submit to the congressional defense com- This amount is $3.9 billion below the same terms and conditions as the authority pro- mittees not later than 45 days after the end of amount requested but is the same as vided in the Department of Defense Appropria- each fiscal quarter a report on the proposed use the subcommittee’s allocation. tions Act, 2010: Provided further, That the of all funds appropriated by this or any prior Of this amount $128.2 billion is fund- amount in this section is designated as being for Act under each of the headings ‘‘Iraq Security ing to sustain our overseas contin- overseas deployments and other activities pursu- Forces Fund’’, ‘‘Afghanistan Security Forces gency operations, primarily in Iraq and ant to sections 401(c)(4) and 423(a)(1) of S. Con. Fund’’, and ‘‘Pakistan Counterinsurgency Afghanistan. Res. 13 (111th Congress), the concurrent resolu- Fund’’ on a project-by-project basis, for which tion on the budget for fiscal year 2010. the obligation of funds is anticipated during the I applaud Secretary Gates and the SEC. 9003. Supervision and administration 3-month period from such date, including esti- administration for putting forward a costs associated with a construction project mates by the commanders referred to in this sec- budget request which covers the oper- funded with appropriations available for oper- tion of the costs required to complete each such ations both for the normal cost of run- ation and maintenance or the ‘‘Afghanistan Se- project. ning our national security programs curity Forces Fund’’ provided in this Act and (b) The report required by this subsection and for the ongoing wartime needs. executed in direct support of overseas contin- shall include the following: The proposed funding in this measure gency operations in Afghanistan, may be obli- (1) The use of all funds on a project-by-project gated at the time a construction contract is basis for which funds appropriated under the protects the priorities of our military awarded: Provided, That for the purpose of this headings referred to in subsection (a) were obli- and civilian leaders; it supports our section, supervision and administration costs in- gated prior to the submission of the report, in- men and women in uniform, and pro- clude all in-house Government costs. cluding estimates by the commanders referred to vides the funding needed for critical SEC. 9004. From funds made available in this in subsection (a) of the costs to complete each acquisition programs. title, the Secretary of Defense may purchase for project. There has been much discussion this use by military and civilian employees of the (2) The use of all funds on a project-by-project year about proposals by the adminis- Department of Defense in Iraq and Afghani- basis for which funds were appropriated under stan: (a) passenger motor vehicles up to a limit the headings referred to in subsection (a) in tration to cut funding for ‘‘unneeded’’ of $75,000 per vehicle and (b) heavy and light prior appropriations Acts, or for which funds weapons programs. Vice Chairman armored vehicles for the physical security of were made available by transfer, reprogram- COCHRAN and I have reviewed each of personnel or for force protection purposes up to ming, or allocation from other headings in prior the proposals by the administration.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9831 While we are not in complete agree- has informed the committee cannot be lion or 10 percent from last year’s rec- ment with the judgment of administra- spent in the coming year and trans- ommendation. tion officials, we have generally con- ferred that amount to cover a shortfall In numbers, the committee has re- curred with the recommendations of in the critically needed MRAP pro- duced the number of earmarks by near- our current leaders. gram. ly 200 fewer projects. We recognize that I would like to remind the Members While we strongly concur with the most members of the Senate will re- of the Senate that the Defense Depart- administration that increased funding ceive less than last year. we hope that ment has been wrong on several occa- is required to train and equip our Af- our colleagues can support this pack- sions in recommending program termi- ghan army and police forces, the age with its streamlined approach to nations. Luckily the Congress has not amount that we recommend is nearly earmarking. always agreed with such proposals. $1 billion more than was provided for Collectively, we believe the rec- Let me give three examples, although fiscal year 2009. ommendations in this bill will provide we could spend all day relaying exam- Moreover, my colleagues should be for our Nation’s defense and is far supe- ples of mistakes by previous adminis- advised that the Defense Department rior to the budget request submitted by trations. has not yet spent nearly $2 billion of the administration. Having had the First, the F–117 Stealth fighter. After the funds that are currently available time to review the suggestions of the producing only one squadron of F–117s for this program as we near the end of administration carefully has afforded the Air Force wanted to terminate the this fiscal year. the subcommittee the opportunity to program which some in the Defense De- Notwithstanding the critical impor- produce a better bill. I hope that all partment saw as a threat to the F–15E. tance of funding for the Afghan secu- my colleagues can support the bill Congress continued to add funding rity forces, it simply makes no sense to which was approved unanimously by for the program until two squadrons provide more funding than can be spent the committee. had been completely filled out. for this program when other shortfalls Mr. COCHRAN. Mr. President, I Without the additional aircraft pro- exist. thank Chairman INOUYE for his leader- vided by the Congress, the Defense De- Along with our staffs we spend count- ship and bipartisanship in putting to- partment would have been woefully less hours reviewing the programs and gether this legislation and moving it to short of Stealth aircraft in conducting funding requests proposed by the ad- the floor for consideration. operations in Desert Storm and Bosnia. ministration. As you all know the de- Two weeks ago, the Appropriations Second, the first Bush administra- fense budget is huge and it is ex- Committee unanimously approved this tion fought very hard to kill the V–22 tremely complex. There are thousands bill which provides over $636 billion for which today the Marine Corps con- of acquisition and operations pro- Department of Defense operations for siders one of its greatest assets. grams. In most cases the specific fiscal year 2010, including $128 billion Finally, I would remind my col- amounts requested for each of these for overseas contingency operations. In leagues that shortly before Desert programs was proposed by the military compliance with committee allocation, Shield-Desert Storm some in the Pen- services more than a year ago. this bill is $3.9 billion below the Presi- tagon wanted to eliminate the Central During the intervening period many dent’s budget request. Command. The view at the time was changes occur. It is not unusual for a Given the allocation, the committee that we probably wouldn’t need to program to be delayed or even termi- was forced to make tough decisions. focus much attention on South West nated while a request is pending before This bill reflects a balanced rec- Asia. This clearly demonstrates that the Congress. ommendation which fully funds key our ability to predict hot spots and fu- As such, it is up to the subcommittee readiness programs as well as providing ture threats is not perfect. to make the necessary adjustments for pay, housing allowance, medical As we go forward today—killing the based on the latest information to en- care and family support for our men F–22, the VH–71 Presidential heli- sure that the Nation is afforded the and women in uniform and their fami- copter, the Combat Search and Rescue best use of the funds provided in this lies. helicopter, the Kinetic Energy Inter- measure. Included in this bill is funding for re- ceptor, we do so with the hope that to- In so doing, we are recommending quirements identified by the adminis- day’s military and civilian leaders are several program increases in this bill. tration after the budget request was better able to predict the future than For example, we are recommending submitted. Funding is included to ad- some of their predecessors were. adding $1.5 billion to provide for essen- dress the administration’s budget The recommendations before the tial equipment for our National Guard amendment to grow the Army by an Senate provide our best judgment on and Reserve Forces. additional 22,200 personnel. Also in- the needs of our Nation for national se- We have also added funding to sus- cluded is an additional $1.2 billion for curity. tain our near term missile defense pro- 1400 mine resistant ambush protected We have not provided funding for the grams—like the AEGIS standard mis- vehicles that were recently identified closure of Guantanamo because the ad- sile, THAAD radars, and ground based as new requirements for our men and ministration has yet to produce a cred- interceptors for testing. women serving in Afghanistan. ible plan. Instead we have included lan- We are recommending $1.7 billion to This bill also includes $1.5 billion in guage which for all practical purposes purchase an additional DDG–51 De- the National Guard and Reserve Equip- is the same as was adopted by the Sen- stroyer to put that restarted program ment account to help the Guard and ate earlier this year. on a more efficient and economical Reserve components procure needed We have adjusted funding for the lit- production schedule. equipment. The Guard and Reserve toral combat ship because the adminis- And we have added $2.5 billion to sus- continue to answer the call to duty. tration did not request sufficient fund- tain production of the C–17 program for With over 140,000 Guard and Reserve ing to produce the quantity it re- one additional year. The administra- personnel activated, we need to ensure quested. tion has recently been provided with they have the resources necessary to be On that subject, I must report that authority to retire the aging, hard to ready to perform their Federal and the administration has recently an- maintain, and often broken C–5A force. State missions. This additional funding nounced that it will only procure two We expect that in re-examining its will help ensure the Guard and Reserve LCS ships this year, which is the num- airlift fleet the Defense Department have the equipment they need. ber that our committee has funded. will eventually conclude that pur- I urge Senators to support the pas- We have reapplied savings cut from chasing additional C–17s and maintain- sage of this bill so we can make sure unjustified amounts requested in the ing the strategic asset of a hot airlift service members and their civilian col- budget to programs that are better production line is the right solution. leagues in the Department of Defense suited for funding. On the question of earmarks, as we have the funding they need to carry For example, we have reduced described earlier this year, the com- out their responsibilities. The men and amounts requested for Afghanistan se- mittee has reduced the amount rec- women who wear our Nation’s uniform curity forces which the administration ommended for earmarks by $300 mil- make great sacrifices and one way to

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If an tration has sanctioned is a lot closer to intelligence officer involved in a clan- hitting home. MORNING BUSINESS destine operation today worries that he Finally, I would point out that the The PRESIDING OFFICER. Under may be prosecuted for it tomorrow, he same report—the CIA inspector gen- the previous order, the Senate will pro- is not going to think twice about con- eral’s report entitled ‘‘Counterterror- ceed to a period of morning business. ducting the operation. He simply will ism Detention and Interrogation Ac- The Senator from Georgia. not do it. Worse yet, if an intelligence tivities (September 2001–October The PRESIDING OFFICER. The Sen- officer involved in a clandestine oper- 2003)’’—that Attorney General Holder ator from Georgia is recognized. ation today worries that he may be claims was his reason for reopening f prosecuted for it tomorrow because of this investigation was the same report random policy changes, it will evoke that prompted the CIA to self-report to DEPARTMENT OF JUSTICE the Department of Justice in the first INVESTIGATION an even greater subjective risk-adverse environment. Creating such an envi- place. Mr. CHAMBLISS. Mr. President, I ronment where intelligence activities Long before the IG even started his rise today to speak in opposition to At- today are held hostage to the political review, the CIA informed the Depart- torney General Holder’s decision to re- decisions of tomorrow is a recipe for ment of Justice that they had rec- examine the judgment by career pros- failure for our intelligence collection ommended an IG investigation related ecutors at the Department of Justice efforts. to the interrogation program. Once the and initiate a preliminary review to As a member of the Senate Select report was completed, the Department determine whether criminal charges Committee on Intelligence, I under- of Justice received it and carefully re- should be filed against CIA officers who stand the important role that intel- viewed the facts and circumstances de- conducted interrogations against hard- ligence plays in our military, law en- scribed within it. Only after doing so ened al-Qaida terrorists. forcement, and intelligence operations. did the career attorneys decline to At the outset, let me remind every- I see firsthand the bravery and profes- prosecute. Unfortunately, press reports one that President Obama promised sionalism exhibited by our intelligence from this past weekend indicate that the American people he would look for- community cadre. Partisanship plays the Attorney General never even both- ward rather than backward and would no role in their daily operations. They ered to read the declination memos not seek a criminal investigation for are guided not by which political party prepared by these career public serv- individuals involved in the CIA’s inter- may obtain their vote on a particular ants. In recent months, the administration rogation and detention program. Not- day in November but by an over- has declassified and released to the withstanding this promise, he has al- whelming sense of duty to their coun- public this IG report, as well as the lowed the Attorney General, a member try. They understand they do not make legal guidance from the Department of of his Cabinet who answers to him, to policy. Yet they are out there risking Justice. The record is there for the rehash old ground despite the fact that their lives to gather the intelligence American people to review for them- career prosecutors already have exam- necessary for policymakers to make an selves. I have reviewed all of this infor- ined the same information and declined informed decision. to prosecute the same individuals for Similarly, partisanship should play mation, and I am confident that any- one else who does so will reach the the same actions. no role in the decisions of the adminis- same conclusion I have; namely, that By allowing this decision to stand, tration or Congress when it comes to reopening an investigation is not mer- President Obama is failing to exercise intelligence gathering. I do not want ited. his duty as Chief Executive and en- our intelligence community profes- forcer of the law. Given that there are Further, it is worth noting that the sionals to have to think twice about IG report found that: no new facts to justify this action by whether to gather certain information the Attorney General, the President The Agency’s detention and interrogation that will inform me of foreign policy of terrorists has provided intelligence that should demand that the legal conclu- developments because they fear poten- has enabled identification and apprehension sions previously reached by career tial prosecution at a later date for of other terrorists and warned of terrorist prosecutors be upheld. doing so. These men and women need plots planned for the United States and Just last week, seven former CIA Di- to know they have the freedom to do around the world. rectors—encompassing all living their jobs within the guidance that is Where deviations from the approved former CIA Directors from both polit- given to them at the time, even though procedures and guidance occurred, it ical parties except the two presently that guidance or policy may change was an anomaly and was either pros- serving in the Obama administration, down the road. They need to know the ecuted or administratively punished by current Director Panetta and Sec- country they are serving has their the CIA leadership. retary of Defense Gates—wrote in a let- back. Sadly, that is not the message we The issues at the heart of the Attor- ter to President Obama that the deci- are sending. Never before has a change ney General’s decision have been exam- sion to reexamine these cases ‘‘creates in policy brought the threat of poten- ined thoroughly, and it is time for an atmosphere of continuous jeopardy tial prosecution for past sanctioned ac- them to be laid to rest. President for those whose cases the Department tions. Obama and the Attorney General of Justice had previously declined to Some may ask why the Attorney should put an end to their unjustified prosecute.’’ General’s decision is so harmful to our second-guessing of career prosecutors. I No facts have changed since then, no national security. The answer is sim- cannot imagine they would be willing new facts have arisen, and in light of ple. Without calculated risk taking on to expose their own policy decisions the previous refusal of the Department the part of our intelligence commu- and legal determinations to future po- of Justice to prosecute all but one CIA nity, we will lose the fight against not litically motivated prosecutions. Yet employee, the CIA has already taken only our state adversaries but against by doing so with their actions against administrative action against some of terrorists as well. This is not a tradeoff the CIA employees, they are setting a these individuals. Where is the justice I am willing to take. It is not a trade- dangerous precedent which I believe for these government employees who off the President should be willing to will have a lasting, chilling effect on have been on the front lines in the war make either, particularly as we con- our intelligence community and our on terror since the 9/11 attacks and who tinue the fight in Afghanistan. national security. acted under the legal guidance given to We need to look no further than the With that, Mr. President, I yield the them if they are to face potential pun- events of the past week, the arrests on floor.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9833 The PRESIDING OFFICER. The Sen- tice’s Environment and Natural Re- and has spent much of her personal ator from Delaware. sources Division, Ben has spent over 20 time dispensing advice to local women Mr. KAUFMAN. Mr. President, I ask years enforcing key provisions of the in their homes. unanimous consent to speak in morn- Clean Air Act and taking legal action The winner of the 2009 Career ing business for up to 10 minutes. against utilities that violate anti-pol- Achievement Medal knows the mean- The PRESIDING OFFICER. Without lution mandates. In one case alone, ing of perseverance. Dr. Thomas objection, it is so ordered. Ben secured a settlement that pre- Waldmann has been a medical re- f vented the release of over 800,000 tons searcher at the National Institutes of of air pollutants annually. Health for over 50 years. Currently, CELEBRATING THE 2009 SERVICE Our federal employees are hard work- Tom is chief of the NIH National Can- TO AMERICA MEDAL WINNERS ing, and this year’s Citizens Services cer Institute’s Metabolism Branch, and Mr. KAUFMAN. Mr. President, I rise Medal winner proves it. Michael Ger- the focus of his career has been re- once again to honor America’s great man, of the Department of Housing and searching disorders in which the body Federal employees. Urban Development, has been working attacks its own cells. His work has led When I began my great Federal em- tirelessly to combat homelessness in to treatments to once-fatal varieties of ployees initiative in May, I did so by America. The Interagency Council on lymphoma, leukemia, and multiple sharing the stories of some outstanding Homelessness, which he leads, coordi- sclerosis. Tom also co-discovered a public servants who in past years had nates with over 850 State and local offi- type of molecule that may lead to ad- won Service to America Medals. cials nationwide on efforts to help the vances in the fight against AIDS and Last night, at its eighth annual homeless obtain medical care and per- cancer. But his successes did not hap- awards gala, the Partnership for Public manent housing. Their work has led to pen overnight. His achievements were Service announced its 2009 Service to a 30-percent reduction in the chron- the work of a lifetime, and the full im- America Medal winners. These nine ex- ically homeless between 2005 and 2007. pact of Tom’s discoveries will not be emplary Federal employees represent a Another example of our civil serv- known for years. number of agencies and hail from di- ants’ industriousness can be found in Similarly, Dr. Patricia Guerry has verse backgrounds. Together, they Allan Comp. Allan won the 2009 Envi- demonstrated great resolve while re- form a snapshot of the finest civil serv- ronment Medal for his work at the De- searching an elusive vaccine. Now serv- ice in history. partment of the Interior’s Office of ing as chief of the Naval Medical Re- When I spoke in May about what Surface Mining. He created the Appa- search Center’s Molecular Biology and makes our Federal workforce so excel- lachian Coal Country Watershed Team, Biochemistry Branch, she has spent lent, I said there are several qualities a partnership between his office and nearly 30 years studying a microbe our civil servants embody. First and VISTA volunteers who help local citi- that causes food poisoning. Research- foremost, they demonstrate great citi- zens and community groups organize ers discovered that the most common zenship by choosing careers in the pub- clean-up projects and monitor water microbe involved in food-borne ill- lic sector. Second, they are industrious quality. His program was so successful nesses is Campylobacter. In the mid- and hardworking in the face of often that it was recently expanded to the 1980s, after several years of unsuccess- difficult and challenging tasks. American West. Today, joint Office of fully attempting to find a vaccine, Our Federal employees take risks Surface-Mining and VISTA teams are many microbiologists turned their at- both to their safety and to their ca- at work protecting and empowering tention elsewhere. Patricia, however, reers. They persevere even when faced local communities in Colorado, New never gave up. Today, she and her team with setbacks or with the knowledge Mexico, and Montana. of researchers are nearing their goal, that the effects of their work may not Clare Rowley is an economic analyst and their vaccine is now in the testing be felt for years to come. Our public for the FDIC. She won the Call to Serv- phase. She persevered, and our troops servants exhibit great intellect and ice Medal for helping to implement the stationed abroad as well as tens of mil- bring to their jobs many advanced FDIC’s mortgage modification pro- lions in the developing world will like- skills and specialized knowledge. I am gram, which helped thousands of fami- ly soon benefit from a vaccine. glad—very glad—there are awards such lies stay in their homes after the col- This year’s Homeland Security Medal as the Service to America Medals to lapse of subprime mortgages. In Feb- was shared by a pair of CIA employees recognize the unsung heroes who keep ruary, Clare, who is only 25 years old, who showed great intellect in solving a America moving ever forward. This is found herself sitting in a high-level critical problem. In 2005, the Office of what I have tried to do each week by meeting with regulators, bankers, and the Director of National Intelligence speaking about our great public serv- Obama administration officials on the gave Sean Dennehy and Don Burke the ants. foreclosure crisis. Despite feeling task of improving information-sharing This year’s Service to America med- somewhat intimidated because of her across the intelligence community. alists can well be described by the five age and junior position, Clare spoke up Lack of communication between the attributes I just listed. and offered important ideas that even- intelligence agencies had been a seri- Dr. Janet Kemp, who won this year’s tually made their way into the Treas- ous impediment to preventing the Sep- Federal Employee of the Year Medal, ury Department’s mortgage crisis re- tember 11 attacks. To fix this, Sean exemplified the value of outstanding covery plan. Now, Clare is one of those and Don created an online system citizenship when she organized a na- instrumental in carrying out the plan. called ‘‘Intellipedia,’’ modeled after the tional suicide prevention hotline for A risk-taker, who won this year’s Na- popular Wikipedia Web site. veterans. As national director for the tional Security and International Af- Intellipedia enables analysts from dif- VA’s Suicide Prevention Program, fairs Medal, serves as the director of ferent agencies to contribute informa- Janet oversaw the creation of the hot- the USAID’s Office of Economic tion to subject pages and open cases. line to help combat veteran suicide, Growth in Pakistan. In July, I spoke Today, Intellipedia has grown to nearly which has increased significantly in re- about a USAID employee who was a million pages, and it has helped pre- cent years. Since 2005, when she was gunned down by extremists while post- vent threats to the Beijing Olympics, asked to spearhead this program, ed in the Sudan. For Amy Meyer, who analyze IED patterns in Iraq, and study Janet’s initiative has rescued over 3,000 performs similar work in Pakistan, the the 2008 Mumbai terror attacks. veterans and has assisted them in find- danger is very real. Nonetheless, she All of these outstanding public serv- ing help. arrived in the country in 2006 and ants display great humility. Even with An important aspect of citizenship is began working with local women to such accomplishments, modesty is a commitment to protecting one’s create dairy cooperatives. Starting their common response. community from harm. Ben Fisherow with just a staff of two and little fund- I want to congratulate the Partner- was awarded the 2009 Justice and Law ing, Amy now oversees a $200 million ship for Public Service on their work Enforcement Medal for his work to pre- budget and several successful economic to award the Service to America Med- vent air pollution. As an experienced empowerment programs. She even als. The winners were selected by a litigator with the Department of Jus- teaches yoga on Pakistani television blue ribbon panel of leaders from both

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9834 CONGRESSIONAL RECORD — SENATE September 24, 2009 the public and private sectors, of which Third, section 401(c)(2)(D) of the 2010 its, allocations pursuant to section our colleague from Mississippi, Senator Budget Resolution permits the chair- 302(a) of the Congressional Budget Act THAD COCHRAN, is a member. man to adjust the section 401(b) discre- of 1974, and aggregates for legislation I hope the rest of my colleagues will tionary spending limits, allocations making appropriations for fiscal years join me in congratulating all of this pursuant to section 302(a) of the Con- 2009 and 2010 for overseas deployments year’s Service to America winners on gressional Budget Act of 1974, and ag- and other activities by the amounts receiving their medals. We thank gregates for legislation making appro- provided in such legislation for those them, and all Federal employees, for priations for fiscal year 2010 that both purposes and so designated pursuant to their service to our Nation. appropriates $10 million and provides section 401(c)(4). The adjustment is Mr. President, I yield the floor. an additional appropriation of up to $50 limited to the total amount of budget million for in-person reemployment f authority specified in section 104(21) of and eligibility assessments and unem- S. Con. Res. 13. For 2009, that limita- FURTHER CHANGES TO S. CON. ployment insurance improper payment tion is $90.745 billion, and for 2010, it is RES. 13 reviews. $130 billion. Fourth, section 401(c)(3) of S. Con. Mr. CONRAD. Mr. President, I wish On September 10, 2009, the Senate Ap- to make a series of adjustments to the Res. 13, the 2010 Budget Resolution, permits the chairman of the Senate propriations Committee reported H.R. allocation of budget authority and out- Budget Committee to adjust the sec- 3326, the Department of Defense Appro- lays to the Senate Appropriations tion 401(b) discretionary spending lim- priations Act, 2010, with an amendment Committee and the section 401(b) Sen- its, allocations pursuant to section in the nature of a substitute. The re- ate discretionary spending limits. I am 302(a) of the Congressional Budget Act ported bill contains $128.221 billion in making these adjustments for the De- of 1974, and aggregates for legislation funding that has been designated for partments of Labor, Health and Human making appropriations for fiscal year overseas deployments and other activi- Services, and Education, and Related 2010 that appropriates $3.2 billion in ties pursuant to section 401(c)(4). The Agencies Appropriations Act, 2010, and funding for the Low-Income Home En- Congressional Budget Office estimates for the Department of Defense Appro- ergy Assistance Program and provides that the $128.221 billion in budget au- priations Act, 2010. an additional appropriation of up to thority will result in $66.653 billion in First, section 401(c)(2)(A) of the 2010 $1.9 billion for that program. new outlays in 2010. As a result, I am Budget Resolution permits the chair- On August 4, 2009, the Senate Appro- revising both the discretionary spend- man to adjust the section 401(b) discre- priations Committee reported H.R. ing limits and the allocation to the tionary spending limits, allocations 3293, the Departments of Labor, Health Senate Committee on Appropriations pursuant to section 302(a) of the Con- and Human Services, and Education, for discretionary budget authority and gressional Budget Act of 1974, and ag- and Related Agencies Appropriations outlays by those amounts in 2010. When gregates for legislation making appro- Act, 2010, with an amendment in the combined with previous adjustments priations for fiscal year 2010 that both nature of a substitute. The reported made pursuant to section 401(c)(4), appropriates $273 million and provides bill contains $2.746 billion in funding $128.6 billion has been designated so far an additional appropriation of up to that satisfies the conditions of sections for overseas deployments and other ac- $485 million to the Social Security Ad- 401(c)(2)(A), 401(c)(2(C), 401(c)(2)(D), and tivities for 2010. ministration for continuing disability 401(c)(3). The Congressional Budget Of- When combining the effects of the reviews and Supplemental Security In- fice estimates that the $2.746 billion in adjustments made for both bills, I am come redeterminations. budget authority will result in $2.197 revising today both the discretionary Second, section 401(c)(2)(C) of the 2010 billion in new outlays in 2010. As a re- spending limits and the allocation to Budget Resolution permits the chair- sult, I am revising both the discre- the Senate Committee on Appropria- man to adjust the section 401(b) discre- tionary spending limits and the alloca- tions by a total of $130,967 million for tionary spending limits, allocations tion to the Senate Committee on Ap- budget authority and $68,850 million for pursuant to section 302(a) of the Con- propriations for discretionary budget outlays. gressional Budget Act of 1974, and ag- authority and outlays by those gregates for legislation making appro- amounts in 2010. I ask unanimous consent that the fol- priations for fiscal year 2010 that ap- Finally, section 401(c)(4) of S. Con. lowing revisions to S. Con. Res. 13 be propriates up to $311 million to the Res. 13, the 2010 Budget Resolution, printed in the RECORD. Health Care Fraud and Abuse Control permits the chairman of the Senate There being no objection, the mate- Program at the Department of Health Budget Committee to adjust the sec- rial was ordered to be printed in the and Human Services. tion 401(b) discretionary spending lim- RECORD, as follows: CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2010—S. CON. RES. 13; FURTHER REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTIONS 401(c)(2), 401(c)(3), AND 401(c)(4) TO THE ALLOCATION OF BUDGET AUTHORITY AND OUTLAYS TO THE SENATE APPROPRIATIONS COMMITTEE AND THE SECTION 401(b) SENATE DISCRE- TIONARY SPENDING LIMITS [In millions of dollars]

Current Revised allocation/limit Adjustment allocation/limit

FY 2009 Discretionary Budget Authority ...... 1,482,201 0 1,482,201 FY 2009 Discretionary Outlays ...... 1,247,872 0 1,247,872 FY 2010 Discretionary Budget Authority ...... 1,087,285 130,967 1,218,252 FY 2010 Discretionary Outlays ...... 1,307,200 68,850 1,376,050

NATIONAL PROSTATE CANCER early detection of this disease a na- cer, and I take this opportunity to rec- AWARENESS MONTH tional priority must continue. ognize the families, professionals, and A simple blood test, the prostate-spe- Mr. JOHNSON. Mr. President, today I advocates who work day after day to be cific antigen, or PSA, can detect the a powerful voice for prostate cancer pa- wish to recognize September as Na- risk of prostate cancer. Health experts tients. I commend them on their tire- tional Prostate Cancer Awareness recommend that doctors offer men Month. Prostate cancer is the most di- yearly screening beginning at age 50. less efforts to raise awareness of the agnosed nonskin cancer in the United However, men with high-risk factors risks, to promote early detection and States and the most commonly diag- should consider starting yearly testing treatment, and to further our efforts to nosed cancer in men. It is estimated earlier. We must remember that understand and eliminate this disease. that 200,000 men will be diagnosed with through screening and early detection, We must all join these efforts to pursue prostate cancer and 30,000 men will die we truly can save lives. increased funding for biomedical re- from the disease this year. Our com- I am proud to add my voice to those search and public health awareness mitment to making awareness and who are working to fight prostate can-

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9835 campaigns, as well as expanded diag- ways ready to guard and defend it.’’ TRIBUTE TO STEWART AND nosis and treatment options. Justin chose to serve our Nation, guard MARLENE GREENEBAUM I urge all citizens to support the our precious liberties, and answer the ∑ Mr. CARDIN. Mr. President, today I search for the early detection and cure call of freedom. Our debt of gratitude wish to pay special tribute to the out- of prostate cancer and support those will never be fully repaid to Justin or standing achievements of Stewart and individuals and families who face this his loved ones. Marlene Greenebaum. Stewart and devastating disease. The sudden death of a young person Marlene are lifelong residents of Balti- f is especially difficult for family and more and good friends of mine who friends. In November 1864, President have shown a deep personal commit- RECOGNIZING CHARACTER Abraham Lincoln was informed by the ment to Baltimore, to Maryland, and COUNTS! WEEK War Department of a mother who had to improving our community and Na- Mr. JOHNSON. Mr. President, today I lost five sons in the Civil War. He tion through their commitment of time wish to pay tribute to the national wrote the mother: ‘‘I feel how weak and resources. week of CHARACTER COUNTS!, the and fruitless must be any word of mine The Greenebaums have helped to es- most widely used character building which should attempt to beguile you tablish our community as a leader in framework in the United States. from the grief of a loss so over- health care. Through their efforts, they In 1993, after a conference in Aspen, whelming. But I cannot refrain from established one of our Nation’s premier Colorado, CHARACTER COUNTS! was tendering you the consolation that cancer centers. The Marlene and Stew- formed to educate students about uni- may be found in the thanks of the Re- art Greenebaum Cancer Center is versal ethical standards. With six vital public they died to save.’’ known for translating its innovative pillars—trustworthiness, respect, re- My heartfelt sympathy, condolences, research into better treatments. Stew- sponsibility, fairness, caring, and citi- and prayers go out to Justin’s wife art is a past chairman of the board of zenship—CHARACTER COUNTS! Chelsey; his parents Dale and Melissa, the University of Maryland Medical teaches students essential values for and family and friends. The death of System, home to the Marlene and developing into productive citizens. Justin, on a battlefield far from New Stewart Greenebaum Cancer Center. This important program supplements a Hampshire, is a true loss for our State The Greenebaums also founded the regular school’s curriculum to educate and Nation, and a grievous pain for Children’s House at Johns Hopkins our future generations about impor- those who knew him best and loved Hospital, a facility dedicated to help- tant decisionmaking skills. The pro- him most. Although he will be sorely ing the families of children who are gram has been credited for increased missed by all, it is my hope that his fighting life-threatening illness. school attendance, as well as a reduc- family and friends may find some com- The Greenebaums’ commitment to tion in misbehavior. fort in knowing that Justin’s devotion, improving health care outcomes is Character education is vital to our sense of duty, and selfless dedication known nationwide. Stewart serves as youth, and it teaches important les- have made the safety and liberty of the founding chair for the American sons we would all do well to embrace. I each and every American more secure. Cancer Society’s Cancer Resource Net- commend the CHARACTER COUNTS! May God bless SPC Justin Pellerin. work, a program that provides resource organization, its instructors, and its navigators to major cancer centers. He participants for being a part of this ad- f is chairman emeritus and member of mirable initiative. the Board of Advisors for the Balti- more-based Institute of Human Virol- ADDITIONAL STATEMENTS f ogy, which focuses on HIV/AIDS re- HONORING OUR ARMED FORCES search, care, and treatment, and he serves on the board of Profectus Bio- SPECIALIST JUSTIN PELLERIN TRIBUTE TO OUTSTANDING sciences Inc. and Welldoc, a company Mr. GREGG. Mr. President, I rise HAWAII EDUCATORS whose products help in the manage- today to pay tribute to a special per- ment of diabetes. Stewart also is one of ∑ Mr. AKAKA. Mr. President, I wish to son, U.S. Army SPC Justin Pellerin of the five U.S. directors of the Hadassah congratulate two outstanding edu- Concord, NH, for his service and su- Hospital in Jerusalem. preme sacrifice for our Nation. cators from my State, elementary Marlene Greenebaum is known in our Tragically, on August 20, 2009, this school teachers Liane Tanigawa of community for her commitment to Ju- courageous young soldier, only 21 years Pearl Ridge Elementary School and daism. She has served as president of of age, gave his last full measure of de- Seanyelle Yagi of Kanewai Elementary Temple Oheb Shalom Sisterhood and is votion when an explosive device deto- School, for receiving the Presidential past president of Miriam Lodge, K.S.B. nated near his vehicle in Wardak Prov- Award for Excellence in Mathematics She was vice president of fundraising ince, Afghanistan. At the time of the and Science Teaching, PAEMST. for Hadassah Hospital in Jerusalem incident, Specialist Pellerin was serv- The PAEMST, administered by the and is currently on the Greenebaum ing as an infantryman assigned to the National Science Foundation on behalf Cancer Center board. 2nd Battalion, 87th Infantry Regiment, of the White House Office of Science Marlene and Stewart are also com- 3rd Brigade Combat Team, 10th Moun- and Technology Policy, is the highest mitted to education. Stewart helped to tain Division based at Fort Drum, NY. recognition that a mathematics or found and fund a program that sends Justin joined the U.S. Army in June science teacher may receive. Since the African-American students to Israel. 2007 after graduating from Concord program’s inception in 1983, more than He is the founding president of High School and deployed in January 3,900 educators nationwide have been Shoshana S. Cardin Jewish High in support of Operation Enduring Free- recognized for their contribution to School. On October 21, the Shoshana S. dom. This decorated patriot is the re- mathematics and science education. As Cardin School will honor Marlene and cipient of the National Defense Service a former educator and principal, I Stewart Greenebaum for all they have Medal, Afghanistan Campaign Medal, know firsthand of the countless hours contributed. I ask my colleagues to Global War on Terrorism Service that go into creating curricula, and it join me in applauding the many accom- Medal, Army Service Ribbon, NATO makes me proud to see outstanding plishments of Stewart and Marlene Service Medal, and most recently, the teachers receive recognition for their Greenebaum and for their undying Purple Heart and Bronze Star. hard work. commitment and dedication to helping Heroes from the State of New Hamp- The dedication of Liane and others.∑ shire have served our Nation with Seanyelle to their field and to the chil- f honor and distinction from Bunker Hill dren of Hawaii is undeniable. I con- to Afghanistan. Undoubtedly, Justin gratulate them both for receiving this TRIBUTE TO BRAYDIN AND TORIN has advanced that fine tradition. Dan- outstanding recognition, and I wish SONES iel Webster said: ‘‘God grants liberty them the very best in their future en- ∑ Mr. CARPER. Mr. President, I wish only to those who love it, and are al- deavors.∑ today to recognize the noble efforts of

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9836 CONGRESSIONAL RECORD — SENATE September 24, 2009 both the Sones family and the Dover pitals, would wish to stay away from to open their hearts and home to a fos- Air Force Base community for their them, but Karina is not most children. ter child, which led to a remarkable support of Karina Sones in her battle She wants to become a cardiologist story of love and compassion. against cancer. Karina was diagnosed when she grows up. In September 1999, they welcomed with acute lymphocytic leukemia when Karina’s brave story is one that we Jonathon into their home as a foster she was 4 years old. Although the doc- do not hear often. I wish to honor not child. In February 2001, Jonathon’s bio- tors thought they had beaten the can- just her courage but also the bravery logical brother, James, was also re- cer after a round of chemotherapy in and perseverance of her brothers and moved from the home. The Brune fam- 2004, she unfortunately relapsed in 2006. her parents and to wish them contin- ily recognized the importance of keep- I wish to commemorate the sterling ef- ued blessings in the future. I also want ing siblings together and agreed to forts of her two younger brothers, her to emphasize the good work and sup- unite the brothers by welcoming James parents, and the men and women of port that Dover Air Force Base has of- into their home as a second foster Dover Air Force Base for encouraging fered the Sones family during such a child. and supporting Karina through this dif- trying and difficult time.∑ The Brunes worked closely with the ficult time. Thankfully, she is now on f Nebraska Department of Health and the path to recovery. Human Services, HHS, in efforts to re- When Karina relapsed, her parents TRIBUTE TO THE WHIFFENPOOFS unite Jonathon and James with their were informed that a bone marrow ∑ Mr. DODD. Mr. President, 100 years biological parents. When HHS deter- transplant was her only option. Despite ago this winter, history was made at mined that reunification was not in the there being approximately 20 million the old Mory’s Bar on Temple Street in boys’ best interest, Steve and Shelley bone marrow donations on record, New Haven, CT, as Denton Fowler, made a permanent commitment to the there were no matches on the National James Merriam Howard, Carl boys by adopting them; Jonathon on Marrow Donor database for Karina. Her Lohmann, Meade Minnigerode, and July 19, 2001 and James on January 17, parents, however, remained optimistic George Pomeroy formed an a cappella 2002. that a solution would be found. In what singing group known as the In October 2007, the biological sister can only be described as good fortune, Whiffenpoofs of Yale University. of James and Jonathon, Mary Ann, was Karina was lucky enough to be the re- The Whiffenpoofs, as every Yalie removed from the home. HHS con- cipient of an anonymous donation of knows, are unsurpassed in talent and tacted the Brune family to discuss the umbilical cord stem cells that allowed tradition. They are now the oldest con- possibility of once again becoming fos- her to have a second chance at life. tinuously functioning collegiate a cap- ter parents. The Brunes recognized Karina bravely endured radiation and pella singing group in the United that this child needed a loving home 50 days of isolation before she could re- States. and would benefit from being with her ceive the transplant. Afterwards, the Their history is rich and vibrant. brothers. For a third time, they admi- whole family had to work together to During World War II, the brave men of rably opened their hearts and home, prevent her from getting sick. Al- the U.S. Army Air Force’s Black Sheep welcoming Mary Ann on July 15, 2008. though, Karina still suffers from graft- Squadron adopted ‘‘The Whiffenpoof In April 2009, another sibling, Mad- vs-host disease which has caused her Song’’ as their theme song. And over eline Grace, was born and was also re- skin to be inflamed, she remains brave the course of the 20th century, that fa- moved from the home. The Brune fam- and upbeat. She insists that she would mous tune has been recorded by such ily showed tremendous compassion and like to go to Disneyland with her legendary artists as Bing Crosby, Ella devotion to the children of this family mother and be Cinderella. Fitzgerald, Louis Armstrong, and Elvis by agreeing to welcome Madeline Her two younger brothers, Braydin, Presley. Grace into their family. Steve and age 10, and Torin, age 7, admirably The Whiffenpoofs have inspired a Shelley are currently in the process of refuse to be helpless as their sister bat- cappella singing groups at colleges and adopting both Mary Ann and Madeline tles leukemia. Karina’s struggle in- secondary schools across America—in Grace. spired them to want to help other kids fact, there are now more than 1,200 It is with heartfelt admiration that I with cancer and to further support re- such groups entertaining audiences. nominate Steve and Shelley Brune as search, so they began collecting golf But their influence is not limited by Adoption Angels. Their capacity to balls that had landed in their backyard our borders. Each year, the love and care for these four children is and selling them on to golfers. Their Whiffenpoofs embark on an inter- an inspiration and worthy example for goal was to collect $500, and they have national tour, visiting foreign capitals others to follow. My hope is that their already exceeded that amount. They and tiny villages, great palaces and story inspires others to consider open- will donate all the money to the Alfred humble churches, and U.S. Embassies ing their hearts and homes to the I. duPont Hospital for Children where around the world, spreading song and many children awaiting adoption, in Karina still receives treatment. good will on behalf of Yale University need of loving families. This story is a true example of the and America’s college students. May God bless Shelley, Steve, Jona- Air Force, the Dover community, and Next month, Whiffenpoofs alumni than, James, Mary Ann, Madeline the Sones family all coming together from around the world will descend Grace, and all adoptive parents who to unite against a common adversary. upon Yale to convene with the current give children the gift of a loving fam- The city of Dover and the Dover Air group in celebration of the ily.∑ Force Base are known for their tight- Whiffenpoofs’ centennial. It is sure to f knit relationship which is certainly be an occasion filled with good cheer, demonstrated by the Dover community great music, and tremendous fellow- RECOGNIZING THE 100TH ANNIVER- having won the Abeliene trophy ship—the trademarks of this beloved SARY OF THE BRICKLAYERS twice—the trophy designated for the Connecticut institution. AND ALLIED CRAFT WORKERS base with the most supportive commu- Mr. President, I congratulate the ∑ Mr. JOHNSON. Mr. President, I wish nity—and this story only provides fur- Whiffenpoofs of Yale University on to recognize the 100th anniversary of ther evidence for that statement. their centennial, I thank them for the Bricklayers and Allied Craft Work- I believe that it is a mark of Karina’s their many contributions to our Na- ers of the South Dakota Administra- character and impressive bravery that tion, and I look forward to another tive District Council Local 03 of Aber- she has persevered through all of her century of song and friendship.∑ deen, SD. October 2009 marks the medical setbacks. To this day, Karina f month and year of this landmark anni- refuses to rest and is working on versary. BAC is highly respected as one spreading awareness about becoming a TRIBUTE TO STEVE AND SHELLEY of the oldest highly skilled trade bone marrow donor because she wants BRUNE unions in the United States and Can- other children to have the same chance ∑ Mr. JOHANNS. Mr. President, Steve ada. at life that she had. Most children, and Shelley Brune are extraordinary For the past 100 years, Local 03 has after spending so much time in hos- Nebraskans who made a commitment played a major role in shaping the

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9837 workforce in Aberdeen. Working with an advanced composites cluster in the H.R. 2215. An act to designate the facility their signatory contractors, Local 03 Maine midcoast region. Additionally, of the United States Postal Service located negotiated fair wages, safe working Harbor Technologies’ president Martin at 140 Merriman Road in Garden City, Michi- conditions, a respectable retirement, Grimnes, is the founder of the Maine gan, as the ‘‘John J. Shivnen Post Office Building’’. and solidarity among the membership. Composites Alliance, an organization H.R. 3593. An act to amend the United Although Local 03 has never had a that seeks to promote the State’s lead- States International Broadcasting Act of large membership, they have always ership in several composites industries, 1994 to extend by one year the operation of believed that working together will ac- including marine, aerospace, and auto- Radio Free Asia, and for other purposes. complish more than working alone. motive. Clusters, which are geographic H.R. 3617. An act to provide an extension of Today, 16 members keep the hopes and concentrations of companies and orga- Federal-aid highway, highway safety, motor dreams of their founding members nizations that collaborate to create carrier safety, transit, and other programs alive and well. Special recognition is specific products, represent proven funded out of the Highway Trust Fund pend- ing enactment of a multiyear law reauthor- given to Howard Jones as he receives tools in our Nation’s innovation agen- izing such programs. his 50-year gold card and Don Feiock as da, and Mr. Grimnes is to be com- The message also announced that the he receives his 25-year membership pin. mended for his steadfast determination House has agreed to the following con- I commend Local 03 Bricklayers and to advance their effectiveness and uti- current resolutions, in which it re- Allied Craft members for continuing lization throughout Maine. quests the concurrence of the Senate: the proud tradition of craft excellence As a national leader in the compos- and union solidarity started by their ites industry, Harbor Technologies has H. Con. Res 74. Concurrent resolution sup- founders a century ago.∑ made a name for itself as a reliable and porting the goals and ideals of a decade of action for road safety with a global target to f trustworthy company that produces in- reduce by 50 percent the predicted increase novative, cost-effective, and environ- RECOGNIZING HARBOR in global road deaths between 2010 and 2020. mentally sound products. And it is TECHNOLOGIES H. Con. Res. 178. Concurrent resolution ex- small businesses like Harbor Tech- pressing the sense of Congress that we reaf- ∑ Ms. SNOWE. Mr. President, as we nologies that represent the brightest firm the historic ties between the United emerge from this lengthy recession, lights for our economy’s future. I con- States and the Netherlands by recognizing companies small and large are seeking gratulate president Martin Grimnes the Quadricentennial celebration of the dis- to grow their businesses and become and everyone at Harbor Technologies covery of the Hudson River and honoring the enduring values of the settlers of New increasingly more innovative. Many on their outstanding work and wish are seeking to be leaders in some of the Netherland that continue to permeate Amer- them continued success.∑ ican society. world’s foremost emerging tech- f nologies. I wish to recognize a small The message further announced that firm in my home State of Maine that MESSAGES FROM THE PRESIDENT the House disagrees to the amendment has been at the cutting edge of the of the Senate to the bill (H.R. 2918) Messages from the President of the making appropriations for the Legisla- composites industry since its founding United States were communicated to 6 years ago, positioning itself well for tive Branch for the fiscal year ending the Senate by Mrs. Neiman, one of his September 30, 2010, and for other pur- continued future success. secretaries. Harbor Technologies, located in poses, and agrees to conference the Brunswick, was founded during the f conference asked by the Senate on dis- summer of 2003 to fill the demand for EXECUTIVE MESSAGES REFERRED agreeing votes of the two Houses there- environmentally friendly composite on, and appoints the following Mem- As in executive session the Presiding bers as managers of the conference on building products used for marine in- Officer laid before the Senate messages the part of the House: Ms. WASSERMAN frastructure. In particular, Harbor from the President of the United SCHULTZ, Mr. HONDA, Ms. MCCOLLUM, Technologies’ composites are utilized States submitting sundry nominations Mr. RYAN of Ohio, Mr. RUPPERSBERGER, in the manufacturing of docks, piers, which were referred to the appropriate Mr. RODRIGUEZ, Mr. OBEY, Mr. marinas, sea walls, pilings, and other committees. ADERHOLT, Mr. LATOURETTE, Mr. COLE, similar structures. Additionally, Har- (The nominations received today are and Mr. LEWIS of California. bor Technologies is using its compos- printed at the end of the Senate pro- ites to build bridge beams as an alter- ceedings.) f native to heavy steel. As we seek to MEASURES REFERRED improve and upgrade our Nation’s f roads and bridges, Harbor Tech- MESSAGES FROM THE HOUSE The following bills were read the first nologies’ distinctive fiberglass bridge and the second times by unanimous ENROLLED BILL SIGNED beams should be at the forefront. consent, and referred as indicated: At 9:33 a.m., a message from the What makes composites so unique is H.R. 324. An act to establish the Santa House of Representatives, delivered by its durability. While steel rusts and Cruz Valley National Heritage Area, and for Mrs. Cole, one of its reading clerks, an- wood is subject to rotting, composites other purposes; to the Committee on Energy nounced that the Speaker has signed last longer and are easily maintained, and Natural Resources. the following enrolled bill: leading to huge cost savings for both H.R. 2131. An act to amend the Foreign Af- S. 1677. An act to reauthorize the Defense fairs Reform and Restructuring Act of 1998 to the supplier and the purchaser. Com- reauthorize the United States Advisory Com- posites are also lightweight and com- Production Act of 1950, and for other pur- poses. mission on Public Diplomacy; to the Com- pact; a large composite beam weighs mittee on Foreign Relations. 4,000 pounds, while similar concrete The enrolled bill was subsequently H.R. 2215. An act to designate the facility beams weigh 63,000 pounds. This allows signed by the President pro tempore of the United States Postal Service located Harbor Technologies to save on ship- (Mr. BYRD). at 140 Merriman Road in Garden City, Michi- ping costs, and reduce its carbon foot- gan, as the ‘‘John J. Shivnen Post Office At 10:25 a.m., a message from the print in the process. Building’’; to the Committee on Homeland House of Representatives, delivered by Security and Governmental Affairs. Just last year, Harbor Technologies Mr. Hanrahan, one of its reading H.R. 3593. An act to amend the United tripled the size of its manufacturing clerks, announced that the House has States International Broadcasting Act of space to 30,000 square feet, and added passed the following bills, in which it 1994 to extend by one year the operation of state-of-the-art pultrusion machinery requests the concurrence of the Senate: Radio Free Asia, and for other purposes; to to produce pilings of any length. This the Committee on Foreign Relations. has allowed the company to take on H.R. 324. An act to establish the Santa Cruz Valley National Heritage Area, and for The following concurrent resolutions considerable new work and hire addi- other purposes. were read, and referred as indicated: tional employees, even during these H.R. 2131. An act to amend the Foreign Af- H. Con. Res. 74. Concurrent resolution sup- difficult economic times. fairs Reform and Restructuring Act of 1998 to porting the goals and ideals of a decade of Significantly, Harbor Technologies reauthorize the United States Advisory Com- action for road safety with a global target to has played a critical role in developing mission on Public Diplomacy. reduce by 50 percent the predicted increase

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9838 CONGRESSIONAL RECORD — SENATE September 24, 2009 in global road deaths between 2010 and 2020; the amount of $50,000,000 or more; to the Model A300, A310, and A300—600 Series Air- to the Committee on Foreign Relations. Committee on Foreign Relations. planes’’ ((RIN2120–AA64)(9–17/9–22/0292/NM– H. Con. Res. 136. Concurrent resolution au- EC–3133. A communication from the Chief 011)) received in the Office of the President thorizing the use of the Capitol Grounds for of Staff, Media Bureau, Federal Communica- of the Senate on September 21, 2009; to the a celebration of Citizenship Day; to the Com- tions Commission, transmitting, pursuant to Committee on Commerce, Science, and mittee on Rules and Administration. law, the report of a rule entitled ‘‘Television Transportation. H. Con. Res. 178. Expressing the sense of Broadcasting Services Biloxi, Mississippi’’ EC–3141. A communication from the Pro- Congress that we reaffirm the historic ties [MB Docket No. 09–125) received in the Office gram Analyst, Federal Aviation Administra- between the United States and the Nether- of the President of the Senate on September tion, Department of Transportation, trans- lands by recognizing the Quadricentennial 21, 2009; to the Committee on Commerce, mitting, pursuant to law, the report of a rule celebration of the discovery of the Hudson Science, and Transportation. entitled ‘‘Modification of Class E Airspace; River and honoring the enduring values of EC–3134. A communication from the Chief Sarasota, Florida’’ ((RIN2120–AA66)(9–14/9–14/ the settlers of New Netherland that continue of the Policy Division, International Bureau, 0652/ASO–21)) received in the Office of the to permeate American society; to the Com- Federal Communications Commission, trans- President of the Senate on September 21, mittee on Foreign Relations. mitting, pursuant to law, the report of a rule 2009; to the Committee on Commerce, entitled ‘‘Amendment of Parts 2 and 25 of the f Science, and Transportation. Commission’s Rules to Allocate Spectrum EC–3142. A communication from the Pro- ENROLLED BILLS PRESENTED and Adopt Service Rules and Procedures to gram Analyst, Federal Aviation Administra- Govern the Use of Vehicle-Mounted Earth tion, Department of Transportation, trans- The Secretary of the Senate reported Stations in Certain Frequency Bands Allo- mitting, pursuant to law, the report of a rule that on today, September 24, 2009, she cated to the Fixed-Satellite Service’’ (IB entitled ‘‘Establishment of Class E Airspace; had presented to the President of the Docket No. 07–101) received in the Office of Saluda, South Carolina’’ ((RIN2120–AA66)(9– United States the following enrolled the President of the Senate on September 21, 14/9–14/0603/ASO–16)) received in the Office of bill: 2009; to the Committee on Commerce, the President of the Senate on September 21, S. 1677. An act to reauthorize the Defense Science, and Transportation. 2009; to the Committee on Commerce, Production Act of 1950, and for other pur- EC–3135. A communication from the Attor- Science, and Transportation. poses. ney, Federal Railroad Administration, De- EC–3143. A communication from the Pro- partment of Transportation, transmitting, gram Analyst, Federal Aviation Administra- f pursuant to law, the report of a rule entitled tion, Department of Transportation, trans- EXECUTIVE AND OTHER ‘‘Excess Risk Estimate for Highway-Rail mitting, pursuant to law, the report of a rule COMMUNICATIONS Grade Crossings Along the Florida East entitled ‘‘Establishment of Class E Airspace; Coast Railway Line’’ (RIN2130–AB88) re- Clayton, Georgia’’ ((RIN2120–AA66)(9–14/9–14/ The following communications were ceived in the Office of the President of the 0605/ASO–19)) received in the Office of the laid before the Senate, together with Senate on September 21, 2009; to the Com- President of the Senate on September 21, accompanying papers, reports, and doc- mittee on Commerce, Science, and Transpor- 2009; to the Committee on Commerce, uments, and were referred as indicated: tation. Science, and Transportation. EC–3136. A communication from the Pro- EC–3144. A communication from the Pro- EC–3129. A communication from the Assist- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- ant Secretary, Bureau of Legislative Affairs, tion, Department of Transportation, trans- tion, Department of Transportation, trans- Department of State, transmitting, pursuant mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule to the Arms Export Control Act, the certifi- entitled ‘‘Standard Instrument Approach entitled ‘‘Establishment of Class E Airspace; cation of a proposed technical assistance Procedures, and Takeoff Minimums and Ob- Hertford, North Carolina’’ ((RIN2120– agreement to include the export of technical stacle Departure Procedures; Amendment AA66)(9–14/9–14/0705/ASO–25)) received in the data, defense services, and defense articles to No. 3337’’ ((RIN2120–AA65)(9–14/9–14/30684/ Office of the President of the Senate on Sep- Israel for the manufacture of various F–16 3337)) received in the Office of the President tember 21, 2009; to the Committee on Com- components for end use by the governments of the Senate on September 21, 2009; to the merce, Science, and Transportation. of Bahrain, Belgium, Chile, Denmark, Egypt, Committee on Commerce, Science, and EC–3145. A communication from the Pro- Greece, Israel, Italy, Jordan, Morocco, The Transportation. gram Analyst, Federal Aviation Administra- Netherlands, Norway, Oman, Pakistan, Po- EC–3137. A communication from the Pro- tion, Department of Transportation, trans- land, Portugal, the Republic of Korea, Singa- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule pore, Taiwan, Thailand, Turkey, the United tion, Department of Transportation, trans- entitled ‘‘Establishment of Class E Airspace; Arab Emirates, and the United States in the mitting, pursuant to law, the report of a rule Tompkinsville, Kentucky’’ ((RIN2120– amount of $50,000,000 or more; to the Com- entitled ‘‘Standard Instrument Approach AA66)(9–14/9–14/0604/ASO–18)) received in the mittee on Foreign Relations. Procedures, and Takeoff Minimums and Ob- Office of the President of the Senate on Sep- EC–3130. A communication from the Assist- stacle Departure Procedures; Amendment tember 21, 2009; to the Committee on Com- ant Secretary, Bureau of Legislative Affairs, No. 3336’’ ((RIN2120–AA65)(9–14/9–14/30683/ merce, Science, and Transportation. Department of State, transmitting, pursuant 3336)) received in the Office of the President EC–3146. A communication from the Pro- to the Arms Export Control Act, the certifi- of the Senate on September 21, 2009; to the gram Analyst, Federal Aviation Administra- cation of a proposed manufacturing license Committee on Commerce, Science, and tion, Department of Transportation, trans- agreement to include the export of technical Transportation. mitting, pursuant to law, the report of a rule data, defense services, and defense articles to EC–3138. A communication from the Pro- entitled ‘‘Establishment of Class E Airspace; Italy for the manufacture of T700/T6A air- gram Analyst, Federal Aviation Administra- Lewisport, Kentucky’’ ((RIN2120–AA66)(9–14/ craft engine parts and assembly of these en- tion, Department of Transportation, trans- 9–14/0706/ASO–26)) received in the Office of gines for the Italian EH–101 helicopter pro- mitting, pursuant to law, the report of a rule the President of the Senate on September 21, gram in the amount of $100,000,000 or more; entitled ‘‘Airworthiness Directives; Boeing 2009; to the Committee on Commerce, to the Committee on Foreign Relations. Model 747 Airplanes’’ ((RIN2120–AA64)(9–17/9– Science, and Transportation. EC–3131. A communication from the Assist- 22/0136/NM–171)) received in the Office of the EC–3147. A communication from the Pro- ant Secretary, Bureau of Legislative Affairs, President of the Senate on September 21, gram Analyst, Federal Aviation Administra- Department of State, transmitting, pursuant 2009; to the Committee on Commerce, tion, Department of Transportation, trans- to the Arms Export Control Act, the certifi- Science, and Transportation. mitting, pursuant to law, the report of a rule cation of a proposed manufacturing license EC–3139. A communication from the Pro- entitled ‘‘Modification of Class D and Class E agreement to include the export of technical gram Analyst, Federal Aviation Administra- Airspace, Establishment of Class E Airspace; data, defense services, and defense articles tion, Department of Transportation, trans- Binghamton, New York’’ ((RIN2120–AA66)(9– for the manufacture of Inertial Systems de- mitting, pursuant to law, the report of a rule 14/9–14/0202/AEA–11)) received in the Office of rived from the H–4223 Ring Laser Gyro based entitled ‘‘Airworthiness Directives; British the President of the Senate on September 21, Inertial Navigation System for end-use by Aerospace Regional Aircraft Model HP.137 2009; to the Committee on Commerce, the Ministry of Defense of Japan; to the Jetstream Mk.1, Jetstream Series 200 and Science, and Transportation. Committee on Foreign Relations. 3101, and Jetstream Model 3201 Airplanes’’ EC–3148. A communication from the Pro- EC–3132. A communication from the Assist- ((RIN2120–AA64)(9–14/9–14/0817/CE–046)) re- gram Analyst, Federal Aviation Administra- ant Secretary, Bureau of Legislative Affairs, ceived in the Office of the President of the tion, Department of Transportation, trans- Department of State, transmitting, pursuant Senate on September 21, 2009; to the Com- mitting, pursuant to law, the report of a rule to the Arms Export Control Act, the certifi- mittee on Commerce, Science, and Transpor- entitled ‘‘Amendment to Restricted Areas R– cation of an application for a license for the tation. 5103A, R–5103B, and R–5103C; McGregor, New export of defense articles or services relative EC–3140. A communication from the Pro- Mexico’’ ((RIN2120–AA66)(9–17/9–17/0770/ASW– to the launch of all commercial and foreign gram Analyst, Federal Aviation Administra- 20)) received in the Office of the President of non-commercial satellites from the Pacific tion, Department of Transportation, trans- the Senate on September 21, 2009; to the Ocean utilizing a modified oil platform to mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and Russia, Denmark, Ukraine, and Norway in entitled ‘‘Airworthiness Directives; Airbus Transportation.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9839 EC–3149. A communication from the Pro- Army nomination of Lt. Gen. Frank G. Army nominations beginning with John A. gram Analyst, Federal Aviation Administra- Helmick, to be Lieutenant General. Blankenbaker and ending with Virginia R. tion, Department of Transportation, trans- Army nomination of Maj. Gen. Mark P. Zoller, which nominations were received by mitting, pursuant to law, the report of a rule Hertling, to be Lieutenant General. the Senate and appeared in the Congres- entitled ‘‘Airspace Designations; Incorpora- Army nominations beginning with Colonel sional Record on August 3, 2009. tion by Reference’’ ((Docket No. Robin B. Akin and ending with Colonel Peter Army nominations beginning with William 29334)(Amendment No. 71–41)) received in the B. Zwack, which nominations were received L. Abernathy, Jr. and ending with Francisco Office of the President of the Senate on Sep- by the Senate and appeared in the Congres- Zuniga, which nominations were received by tember 21, 2009; to the Committee on Com- sional Record on September 9, 2009. (minus 1 the Senate and appeared in the Congres- merce, Science, and Transportation. nominee: Colonel Kelly J. Thomas) sional Record on August 3, 2009. EC–3150. A communication from the Attor- Army nomination of Col. David J. Conboy, Army nominations beginning with Gregory ney Advisor, U.S. Coast Guard, Department to be Brigadier General. T. Adams and ending with Scott L. Zonis, of Homeland Security, transmitting, pursu- Army nomination of Col. James V. Young, which nominations were received by the Sen- ant to law, the report of a rule entitled Jr., to be Brigadier General. ate and appeared in the Congressional ‘‘Safety Zone: USCG Barque Eagle Transits Army nomination of Col. Ivan N. Black, to Record on August 3, 2009. of Rockland Harbor, ME, Portland Harbor, be Brigadier General. Army nomination of Cameron D. Wright, ME and Portsmouh Harbor, NH’’ (Docket No. Navy nominations beginning with Rear to be Colonel. USG–2009–0777) received in the Office of the Adm. (lh) Michael H. Mittelman and ending Army nomination of Andre L. Brown, to be President of the Senate on September 21, with Rear Adm. (lh) Matthew L. Nathan, Major. 2009; to the Committee on Commerce, which nominations were received by the Sen- Army nominations beginning with Kath- Science, and Transportation. ate and appeared in the Congressional leen E. Coffey and ending with Brian R. EC–3151. A communication from the Attor- Record on February 9, 2009. Trenda, which nominations were received by ney Advisor, U.S. Coast Guard, Department Navy nomination of Adm. Michael G. the Senate and appeared in the Congres- of Homeland Security, transmitting, pursu- Mullen, to be Admiral. sional Record on August 6, 2009. Army nomination of Sonnie D. Deyampert, ant to law, the report of a rule entitled Navy nomination of Capt. Charles A. to be Lieutenant Colonel. ‘‘Safety Zone: Swim Events in Lake Cham- Rainey, to be Rear Admiral (lower half). Army nomination of Douglas Lougee, to be plain, NY and VT; Casco Bay, Rockland Har- Navy nomination of Capt. Jonathan W. Colonel. bor, Linekin Bay, ME’’ (Docket No. USG– White, to be Rear Admiral (lower half). Navy nomination of Rear Adm. (lh) David Army nomination of James Peak, to be 2009–0523) received in the Office of the Presi- Major. dent of the Senate on September 21, 2009; to W. Titley, to be Rear Admiral. Navy nomination of Rear Adm. (lh) Greg- Army nominations beginning with the Committee on Commerce, Science, and Joyvetta Lewis and ending with William A. Transportation. ory J. Smith, to be Rear Admiral. Navy nomination of Vice Adm. Bruce W. Wyman, which nominations were received by EC–3152. A communication from the Attor- the Senate and appeared in the Congres- ney Advisor, U.S. Coast Guard, Department Clingan, to be Vice Admiral. Marine Corps nomination of Gen. James N. sional Record on September 14, 2009. of Homeland Security, transmitting, pursu- Army nomination of Derek D. Brown, to be Mattis, to be General. ant to law, the report of a rule entitled Major. Marine Corps nomination of Maj. Gen. ‘‘Safety Zone: MS Harborfest Tugboat Races Army nominations beginning with Steph- Frank A. Panter, Jr., to be Lieutenant Gen- in Casco Bay, ME’’ ((RIN1625–AA00)(Docket anie Latimer and ending with Oanh K. Tran, eral. No. USG–2009–0524)) received in the Office of which nominations were received by the Sen- Marine Corps nomination of Maj. Gen. the President of the Senate on September 21, ate and appeared in the Congressional Thomas D. Waldhauser, to be Lieutenant 2009; to the Committee on Commerce, Record on September 17, 2009. Science, and Transportation. General. Army nominations beginning with Marine Corps nomination of Maj. Gen. f Michelle H. Martin and ending with Mar- John F. Kelly, to be Lieutenant General. garet A. Mosley, which nominations were re- REPORTS OF COMMITTEES Mr. LEVIN. Mr. President, for the ceived by the Senate and appeared in the The following reports of committees Committee on Armed Services I report Congressional Record on September 17, 2009. were submitted: favorably the following nomination Army nominations beginning with Robert E. Powers and ending with Mysore S. Shilpa, By Mr. INOUYE, from the Committee on lists which were printed in the RECORD on the dates indicated, and ask unani- which nominations were received by the Sen- Appropriations: ate and appeared in the Congressional Special Report entitled ‘‘Further Revised mous consent, to save the expense of Record on September 17, 2009. Allocation to Subcommittees of Budget To- reprinting on the Executive Calendar Navy nomination of Erik J. Modlo, to be tals From the Concurrent Resolution, Fiscal that these nominations lie at the Sec- Lieutenant Commander. Year 2010’ (Rept. No. 111–78). retary’s desk for the information of Navy nominations beginning with Josh A. By Mr. ROCKEFELLER, from the Com- Senators. Cassada and ending with Larry R. Smith, mittee on Commerce, Science, and Transpor- which nominations were received by the Sen- tation, with an amendment in the nature of The PRESIDING OFFICER. Without objection, it is so ordered. ate and appeared in the Congressional a substitute: Record on August 3, 2009. S. 251. A bill to amend the Communica- Air Force nominations beginning with Navy nominations beginning with Matthew tions Act of 1934 to permit targeted inter- Lance L. Annicelli and ending with David A. J. Acanfora and ending with David W. York, ference with mobile radio services within Welge, which nominations were received by which nominations were received by the Sen- prison facilities (Rept. No. 111–79). the Senate and appeared in the Congres- ate and appeared in the Congressional By Mr. LEAHY, from the Committee on sional Record on July 14, 2009. Record on August 3, 2009. the Judiciary, with amendments: Air Force nomination of Thomas M. Ander- Navy nominations beginning with Ron J. S. 1670. A bill to reform and modernize the son, to be Lieutenant Colonel. Arellano and ending with Joel A. Yates, limitations on exclusive rights relating to Air Force nomination of Ricky B. Reaves, which nominations were received by the Sen- secondary transmissions of certain signals. to be Major. ate and appeared in the Congressional Air Force nomination of Jose R. f Record on August 3, 2009. Pereztorres, to be Major. Navy nominations beginning with Ben- EXECUTIVE REPORTS OF Air Force nominations beginning with jamin I. Abney and ending with Mckinnya J. COMMITTEES Loyd A. Graham and ending with Christine Williamsrobinson, which nominations were E. Stahl, which nominations were received The following executive reports of received by the Senate and appeared in the by the Senate and appeared in the Congres- Congressional Record on August 3, 2009. nominations were submitted: sional Record on September 14, 2009. Navy nominations beginning with Chris- By Mr. LEVIN for the Committee on Army nomination of Robert J. Schultz, to topher D. Addington and ending with Kurt A. Armed Services. be Major. Young, which nominations were received by Air Force nomination of Maj. Gen. Ralph Army nomination of Andrea J. Fuller, to the Senate and appeared in the Congres- J. Jodice II, to be Lieutenant General. be Major. sional Record on August 3, 2009. Air Force nomination of Maj. Gen. William Army nominations beginning with Peter H. Navy nominations beginning with Kelly W. J. Rew, to be Lieutenant General. Guevara and ending with Jean R. Elysee, Bowman, Jr. and ending with Michael Air Force nomination of Maj. Gen. Chris- which nominations were received by the Sen- Windom, which nominations were received topher D. Miller, to be Lieutenant General. ate and appeared in the Congressional by the Senate and appeared in the Congres- Army nomination of Brig. Gen. Joseph B. Record on July 28, 2009. sional Record on August 3, 2009. DiBartolomeo, to be Major General. Army nominations beginning with James Navy nominations beginning with Hasan Army nomination of Lt. Gen. Benjamin C. Bane and ending with Benoit D. Tano, which Abdulmutakallim and ending with Kenya D. Freakley, to be Lieutenant General. nominations were received by the Senate and Williamson, which nominations were re- Army nomination of Lt. Gen. John D. appeared in the Congressional Record on ceived by the Senate and appeared in the Gardner, to be Lieutenant General. July 28, 2009. Congressional Record on August 3, 2009.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9840 CONGRESSIONAL RECORD — SENATE September 24, 2009 Navy nominations beginning with Denise Navy nominations beginning with Tracy D. gram to promote efforts to develop, imple- G. Barham and ending with Herlinda K. Emerson and ending with David K. ment, and sustain veterinary services, and Sweeney, which nominations were received Shellington, which nominations were re- for other purposes; to the Committee on Ag- by the Senate and appeared in the Congres- ceived by the Senate and appeared in the riculture, Nutrition, and Forestry. sional Record on August 3, 2009. Congressional Record on September 17, 2009. By Mr. VITTER (for himself and Mr. Navy nominations beginning with Guil- By Mr. LEAHY for the Committee on the SHELBY): lermo R. Amezaga and ending with Mike E. Judiciary. S. 1710. A bill to prohibit recipients of Svatek, which nominations were received by Paul Joseph Fishman, of New Jersey, to be TARP assistance from funding ACORN, and the Senate and appeared in the Congres- United States Attorney for the District of for other purposes; to the Committee on sional Record on August 3, 2009. New Jersey for the term of four years. Banking, Housing, and Urban Affairs. Navy nominations beginning with Chris- Jenny A. Durkan, of Washington, to be By Mr. REID (for himself and Mr. EN- topher W. Anderson and ending with Colin D. United States Attorney for the Western Dis- SIGN): Xander, which nominations were received by trict of Washington for the term of four S. 1711. A bill to amend the Internal Rev- the Senate and appeared in the Congres- years. enue Code of 1986 to provide tax incentives sional Record on August 3, 2009. Florence T. Nakakuni, of Hawaii, to be for making homes more water-efficient, for Navy nominations beginning with Matthew United States Attorney for the District of building new water-efficient homes, for pub- L. Abbot and ending with Stuart R. Zurn, Hawaii for the term of four years. lic water conservation, and for other pur- which nominations were received by the Sen- Deborah K. R. Gilg, of Nebraska, to be poses; to the Committee on Finance. ate and appeared in the Congressional United States Attorney for the District of By Mr. REID (for himself, Mrs. BOXER, Record on August 3, 2009. Nebraska for the term of four years. and Mr. CARDIN): Navy nominations beginning with Paul C. Ignacia S. Moreno, of New York, to be an S. 1712. A bill to promote water efficiency, Kerr and ending with Bruce A. Waterman, Assistant Attorney General . conservation, and adaptation, and for other which nominations were received by the Sen- (Nominations without an asterisk purposes; to the Committee on Environment ate and appeared in the Congressional and Public Works. Record on August 6, 2009. were reported with the recommenda- Navy nominations beginning with Scott A. tion that they be confirmed.) By Mr. REID (for himself, Mr. BAUCUS, Mr. HATCH, Mr. TESTER, and Mr. Anderson and ending with Gwendolyn Willis, f which nominations were received by the Sen- UDALL of New Mexico): INTRODUCTION OF BILLS AND S. 1713. A bill to establish loan guarantee ate and appeared in the Congressional programs to develop biochar technology Record on August 6, 2009. JOINT RESOLUTIONS using excess plant biomass, to establish Navy nominations beginning with Keith R. The following bills and joint resolu- Barkey and ending with Jason D. Zeda, biochar demonstration projects on public tions were introduced, read the first land, and for other purposes; to the Com- which nominations were received by the Sen- and second times by unanimous con- ate and appeared in the Congressional mittee on Energy and Natural Resources. Record on August 6, 2009. sent, and referred as indicated: By Mr. DURBIN: Navy nominations beginning with Paul S. By Mr. DORGAN (for himself, Mr. S. 1714. A bill to authorize grants for the Anderson and ending with Michael D. Wil- TESTER, Mr. INOUYE, Mr. AKAKA, Mr. creation, update, or adaption of open text- liams, which nominations were received by BAUCUS, Mr. UDALL of New Mexico, books, and for other purposes; to the Com- the Senate and appeared in the Congres- Mr. BINGAMAN, and Mr. FRANKEN): mittee on Health, Education, Labor, and sional Record on August 6, 2009. S. 1703. A bill to amend the Act of June 18, Pensions. Navy nominations beginning with Robin 1934, to reaffirm the authority of the Sec- f M. Allen and ending with Scott Y. retary of the Interior to take land into trust Yamamoto, which nominations were re- for Indian tribes; to the Committee on In- SUBMISSION OF CONCURRENT AND ceived by the Senate and appeared in the dian Affairs. SENATE RESOLUTIONS Congressional Record on August 6, 2009. By Mr. NELSON of Florida (for him- Navy nominations beginning with James self, Ms. SNOWE, and Mr. CARDIN): The following concurrent resolutions D. Abbott and ending with Robert W. S. 1704. A bill to hold the surviving Nazi and Senate resolutions were read, and Zurschmit, which nominations were received war criminals accountable for the war referred (or acted upon), as indicated: by the Senate and appeared in the Congres- crimes, genocide, and crimes against human- By Mrs. FEINSTEIN (for herself, Mr. sional Record on August 6, 2009. ity they committed during World War II, by ROCKEFELLER, Mrs. GILLIBRAND, Mr. Navy nominations beginning with Jason T. encouraging foreign governments to more ef- CARPER, Ms. MIKULSKI, Mr. Baltimore and ending with Ian S. Wexler, ficiently prosecute and extradite wanted LIEBERMAN, Ms. COLLINS, Mr. REID, which nominations were received by the Sen- criminals; to the Committee on the Judici- Mr. LEVIN, Mr. BENNETT, Ms. SNOWE, ate and appeared in the Congressional ary. Ms. LANDRIEU, Mr. HATCH, Mr. BAYH, Record on August 6, 2009. By Mr. BARRASSO: Navy nominations beginning with Joel R. and Mr. VOINOVICH): S. 1705. A bill to suspend temporarily the S. Res. 285. A resolution supporting the Bealer and ending with Richard G. Zeber, duty on certain acrylic fiber tow containing which nominations were received by the Sen- goals and ideals of national cybersecurity a minimum of 92 percent acrylonitrile; to the awareness month and raising awareness and ate and appeared in the Congressional Committee on Finance. Record on August 6, 2009. enhancing the State of cybersecurity in the By Mr. BARRASSO: United States; to the Committee on Com- Navy nominations beginning with Martin S. 1706. A bill to suspend temporarily the merce, Science, and Transportation. J. Anerino and ending with Walter H. Wil- duty on certain acrylic fiber tow; to the By Mr. ISAKSON (for himself and Mr. liams, which nominations were received by Committee on Finance. CHAMBLISS): the Senate and appeared in the Congres- By Mr. KERRY (for himself and Mr. sional Record on August 6, 2009. S. Res. 286. A resolution expressing condo- Navy nominations beginning with Roger S. LUGAR): lences to the families of the individuals S. 1707. A bill to authorize appropriations Akins and ending with Tingwei Yang, which killed during unusual storms and floods in for fiscal years 2010 through 2014 to promote nominations were received by the Senate and the State of Georgia between September 18 an enhanced strategic partnership with appeared in the Congressional Record on Au- and September 21, 2009, and expressing grati- Pakistan and its people, and for other pur- gust 6, 2009. tude to all of the emergency personnel who poses; considered and passed. Navy nominations beginning with Brian J. continue to work with unyielding determina- By Ms. KLOBUCHAR (for herself and Ellis and ending with Matthew L. Tucker, tion to meet the needs of Georgia’s residents; Mrs. HAGAN): which nominations were received by the Sen- considered and agreed to. ate and appeared in the Congressional S. 1708. A bill to establish a grant program to prevent truancy, and for other purposes; By Mr. BROWN: Record on September 14, 2009. S. Res. 287. Honoring the 25th anniversary to the Committee on Health, Education, Navy nominations beginning with Anthony of the enactment of the Drug Price Competi- Labor, and Pensions. T. Cowden and ending with Jared E. Scott, tion and Patent Term Restoration Act of By Ms. STABENOW (for herself, Mr. which nominations were received by the Sen- 1984 (the Hatch-Waxman Act); to the Com- THUNE, Mr. JOHNSON, Mr. COCHRAN, ate and appeared in the Congressional mittee on the Judiciary. Record on September 14, 2009. Mr. JOHANNS, Mr. GRASSLEY, Mr. Navy nominations beginning with Neri B. BARRASSO, Mr. ISAKSON, Mr. f Barnea and ending with William O. Voelker, CHAMBLISS, Ms. KLOBUCHAR, Mr. which nominations were received by the Sen- TESTER, Mr. BAUCUS, Mr. HARKIN, Mr. ADDITIONAL COSPONSORS ate and appeared in the Congressional SANDERS, Mrs. GILLIBRAND, Mr. S. 327 CRAPO, Mr. BENNET, Mr. LEAHY, Mr. Record on September 17, 2009. At the request of Mr. LEAHY, the Navy nominations beginning with Anita BROWNBACK, and Mr. NELSON of Ne- Aminoshariae and ending with Denny Mar- braska): name of the Senator from Minnesota tin, which nominations were received by the S. 1709. A bill to amend the National Agri- (Mr. FRANKEN) was added as a cospon- Senate and appeared in the Congressional cultural Research, Extension, and Teaching sor of S. 327, a bill to amend the Vio- Record on September 17, 2009. Policy Act of 1977 to establish a grant pro- lence Against Women Act of 1994 and

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9841 the Omnibus Crime Control and Safe ery of missing children, and for other ethanol blends a waiver from certain Streets Act of 1968 to improve assist- purposes. requirements under the Clean Air Act, ance to domestic and sexual violence S. 1304 and for other purposes. victims and provide for technical cor- At the request of Mr. GRASSLEY, the S. 1668 rections. name of the Senator from Nebraska At the request of Mr. BENNET, the S. 624 (Mr. NELSON) was added as a cosponsor name of the Senator from Idaho (Mr. At the request of Mr. DURBIN, the of S. 1304, a bill to restore the eco- RISCH) was added as a cosponsor of S. name of the Senator from New York nomic rights of automobile dealers, 1668, a bill to amend title 38, United (Mrs. GILLIBRAND) was added as a co- and for other purposes. States Code, to provide for the inclu- sponsor of S. 624, a bill to provide S. 1337 sion of certain active duty service in 100,000,000 people with first-time access At the request of Mr. AKAKA, the the reserve components as qualifying to safe drinking water and sanitation name of the Senator from California service for purposes of Post—9/11 Edu- on a sustainable basis by 2015 by im- (Mrs. BOXER) was added as a cosponsor cational Assistance Program, and for proving the capacity of the United of S. 1337, a bill to exempt children of other purposes. States Government to fully implement certain Filipino World War II veterans S. 1678 the Senator Paul Simon Water for the from the numerical limitations on im- At the request of Mr. CARDIN, the Poor Act of 2005. migrant visas. names of the Senator from Georgia S. 628 S. 1422 (Mr. CHAMBLISS) and the Senator from At the request of Mr. CONRAD, the At the request of Mrs. MURRAY, the New York (Mrs. GILLIBRAND) were name of the Senator from Connecticut name of the Senator from Illinois (Mr. added as cosponsors of S. 1678, a bill to (Mr. LIEBERMAN) was added as a co- BURRIS) was added as a cosponsor of S. amend the Internal Revenue Code of sponsor of S. 628, a bill to provide in- 1422, a bill to amend the Family and 1986 to extend the first-time home- centives to physicians to practice in Medical Leave Act of 1993 to clarify the buyer tax credit, and for other pur- rural and medically underserved com- eligibility requirements with respect poses. munities. to airline flight crews. S. 1685 S. 723 S. 1547 At the request of Mr. SANDERS, the At the request of Mr. WYDEN, the At the request of Mr. REED, the name name of the Senator from Pennsyl- name of the Senator from Mississippi of the Senator from Illinois (Mr. vania (Mr. CASEY) was added as a co- (Mr. WICKER) was added as a cosponsor BURRIS) was added as a cosponsor of S. sponsor of S. 1685, a bill to provide an of S. 723, a bill to prohibit the intro- 1547, a bill to amend title 38, United emergency benefit of $250 to seniors, duction or delivery for introduction States Code, and the United States veterans, and persons with disabilities into interstate commerce of novelty Housing Act of 1937 to enhance and ex- in 2010 to compensate for the lack of a lighters, and for other purposes. pand the assistance provided by the De- cost-of-living adjustment for such year, S. 729 partment of Veterans Affairs and the and for other purposes. At the request of Mr. DURBIN, the Department of Housing and Urban De- S. 1699 name of the Senator from Colorado velopment to homeless veterans and At the request of Mr. REED, the name (Mr. BENNET) was added as a cosponsor veterans at risk of homelessness, and of the Senator from South Carolina of S. 729, a bill to amend the Illegal Im- for other purposes. (Mr. GRAHAM) was added as a cosponsor migration Reform and Immigrant Re- S. 1584 of S. 1699, a bill to amend the Supple- sponsibility Act of 1996 to permit At the request of Mr. MERKLEY, the mental Appropriations Act, 2008 to pro- States to determine State residency for name of the Senator from Colorado vide for the temporary availability of higher education purposes and to au- (Mr. BENNET) was added as a cosponsor certain additional emergency unem- thorize the cancellation of removal and of S. 1584, a bill to prohibit employ- ployment compensation, and for other adjustment of status of certain alien ment discrimination on the basis of purposes. students who are long-term United sexual orientation or gender identity. S. CON. RES. 37 States residents and who entered the S. 1624 At the request of Mr. JOHANNS, the United States as children, and for At the request of Mr. WHITEHOUSE, name of the Senator from Georgia (Mr. other purposes. the name of the Senator from Min- ISAKSON) was added as a cosponsor of S. S. 839 nesota (Mr. FRANKEN) was added as a Con. Res. 37, a concurrent resolution At the request of Mr. CASEY, the cosponsor of S. 1624, a bill to amend supporting the goals and ideals of sen- name of the Senator from South Da- title 11 of the United States Code, to ior caregiving and affordability. kota (Mr. JOHNSON) was added as a co- provide protection for medical debt AMENDMENT NO. 2441 sponsor of S. 839, a bill to assist States homeowners, to restore bankruptcy At the request of Mr. DORGAN, the in making voluntary high quality uni- protections for individuals experi- name of the Senator from North Da- versal prekindergarten programs avail- encing economic distress as caregivers kota (Mr. CONRAD) was added as a co- able to 3- to 5-year olds for at least 1 to ill, injured, or disabled family mem- sponsor of amendment No. 2441 pro- year preceding kindergarten. bers, and to exempt from means testing posed to H.R. 2996, a bill making appro- S. 1055 debtors whose financial problems were priations for the Department of the In- At the request of Mrs. BOXER, the caused by serious medical problems, terior, environment, and related agen- name of the Senator from Oklahoma and for other purposes. cies for the fiscal year ending Sep- (Mr. INHOFE) was added as a cosponsor S. 1661 tember 30, 2010, and for other purposes. of S. 1055, a bill to grant the congres- At the request of Mr. KOHL, the name AMENDMENT NO. 2477 sional gold medal, collectively, to the of the Senator from Minnesota (Mr. At the request of Mr. HARKIN, the 100th Infantry Battalion and the 442nd FRANKEN) was added as a cosponsor of names of the Senator from Nebraska Regimental Combat Team, United S. 1661, a bill to protect older Ameri- (Mr. JOHANNS) and the Senator from States Army, in recognition of their cans from misleading and fraudulent Missouri (Mrs. MCCASKILL) were added dedicated service during World War II. marketing practices, with the goal of as cosponsors of amendment No. 2477 S. 1301 increasing retirement security. intended to be proposed to H.R. 2996, a At the request of Mr. MENENDEZ, the S. 1666 bill making appropriations for the De- name of the Senator from Rhode Island At the request of Ms. COLLINS, the partment of the Interior, environment, (Mr. WHITEHOUSE) was added as a co- name of the Senator from Virginia (Mr. and related agencies for the fiscal year sponsor of S. 1301, a bill to direct the WEBB) was added as a cosponsor of S. ending September 30, 2010, and for Attorney General to make an annual 1666, a bill to require the Adminis- other purposes. grant to the A Child Is Missing Alert trator of the Environmental Protection AMENDMENT NO. 2491 and Recovery Center to assist law en- Agency to satisfy certain conditions At the request of Ms. MURKOWSKI, her forcement agencies in the rapid recov- before issuing to producers of mid-level name was added as a cosponsor of

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9842 CONGRESSIONAL RECORD — SENATE September 24, 2009 amendment No. 2491 proposed to H.R. S. 1703. A bill to amend the Act of S. 1703 2996, a bill making appropriations for June 18, 1934, to reaffirm the authority Be it enacted by the Senate and House of Rep- the Department of the Interior, envi- of the Secretary of the Interior to take resentatives of the United States of America in ronment, and related agencies for the land into trust for Indian tribes; to the Congress assembled, fiscal year ending September 30, 2010, Committee on Indian Affairs. SECTION 1. MODIFICATION OF DEFINITION. and for other purposes. Mr. DORGAN. Mr. President, I rise (a) IN GENERAL.—Section 19 of the Act of June 18, 1934 (commonly known as the ‘‘In- AMENDMENT NO. 2498 today to introduce a technical amend- dian Reorganization Act’’) (25 U.S.C. 479), is At the request of Ms. COLLINS, the ment to the Act of June 18, 1934. amended— name of the Senator from Wyoming On February 24, 2009, the Supreme (1) in the first sentence— (Mr. BARRASSO) was added as a cospon- Court issued its decision in the Carcieri (A) by striking ‘‘The term’’ and inserting sor of amendment No. 2498 proposed to v. Salazar case. In that decision the ‘‘Effective beginning on June 18, 1934, the H.R. 2996, a bill making appropriations Supreme Court held that the Secretary term’’; and for the Department of the Interior, en- of the Interior exceeded his authority (B) by striking ‘‘any recognized Indian tribe now under Federal jurisdiction’’ and in- vironment, and related agencies for the in taking land into trust for a tribe that was not under Federal jurisdic- serting ‘‘any federally recognized Indian fiscal year ending September 30, 2010, tribe’’; and and for other purposes. tion, or recognized, at the time the In- dian Reorganization Act was enacted (2) by striking the third sentence and in- AMENDMENT NO. 2501 serting the following: ‘‘In this section, the in 1934. term ‘Indian tribe’ means any Indian or At the request of Mr. CRAPO, his The legislation I am introducing name was added as a cosponsor of Alaska Native tribe, band, nation, pueblo, today is necessary to reaffirm the Sec- village, or community that the Secretary of amendment No. 2501 proposed to H.R. retary’s authority to take lands into the Interior acknowledges to exist as an In- 2996, a bill making appropriations for trust for Indian tribes, regardless of dian tribe.’’. the Department of the Interior, envi- when they were recognized by the Fed- (b) EFFECTIVE DATE.—The amendments ronment, and related agencies for the eral government. The amendment rati- made by subsection (a) shall take effect as if fiscal year ending September 30, 2010, fies the prior trust acquisitions of the included in the Act of June 18, 1934 (com- and for other purposes. Secretary, who for the past 75 years monly known as the ‘‘Indian Reorganization Act’’) (25 U.S.C. 479), on the date of enact- AMENDMENT NO. 2530 has been exercising his authority to ment of that Act. At the request of Ms. MURKOWSKI, the take lands into trust, as intended by names of the Senator from Wyoming the Indian Reorganization Act. By Mr. NELSON, of Florida (for (Mr. BARRASSO), the Senator from Ne- On May 21, 2009, the Senate Com- himself, Ms. SNOWE, and Mr. braska (Mr. JOHANNS) and the Senator mittee on Indian Affairs held a hearing CARDIN): from Georgia (Mr. CHAMBLISS) were to examine the executive branch’s au- S. 1704. A bill to hold the surviving added as cosponsors of amendment No. thority to take land into trust for In- Nazi war criminals accountable for the 2530 intended to be proposed to H.R. dian tribes. At that hearing, it became war crimes, genocide, and crimes 2996, a bill making appropriations for clear that Congress needs to act to re- against humanity they committed dur- the Department of the Interior, envi- solve the uncertainty created by the ing World War II, by encouraging for- ronment, and related agencies for the Supreme Court’s decision. Therefore, eign governments to more efficiently fiscal year ending September 30, 2010, this legislation was developed in con- prosecute and extradite wanted crimi- and for other purposes. sultation with interested parties to nals; to the Committee on the Judici- clarify the Secretary’s authority. AMENDMENT NO. 2534 ary. Inaction by Congress could signifi- At the request of Ms. STABENOW, her Mr. NELSON of Florida. Mr. Presi- cantly impact planned development dent, I rise today to introduce the name was added as a cosponsor of projects on Indian trust lands, includ- amendment No. 2534 proposed to H.R. World War II War Crimes Account- ing the building of homes and commu- ability Act of 2009. The bill seeks to 2996, a bill making appropriations for nity centers; result in a loss of jobs in the Department of the Interior, envi- hold the surviving Nazi war criminals an already challenging economic envi- accountable for their crimes by encour- ronment, and related agencies for the ronment; and create costly and unnec- fiscal year ending September 30, 2010, aging foreign governments to prosecute essary litigation. and extradite wanted criminals. I and for other purposes. Further, if the decision stands, it would like to thank my colleagues, AMENDMENT NO. 2535 would have the effect of creating two Senators SNOWE and CARDIN, for sup- At the request of Mr. BARRASSO, the classes of Indian tribes—those who porting this important legislation. name of the Senator from North Da- were recognized as of 1934, for whom The atrocities committed by the kota (Mr. DORGAN) was added as a co- land may be taken into trust, and Nazis and their allies during the Sec- sponsor of amendment No. 2535 pro- those recognized after 1934 that would ond World War were vast and have posed to H.R. 2996, a bill making appro- be unable to have land taken into trust helped shape the modern concept of priations for the Department of the In- status. Creating two classes of tribes is crimes against humanity. After the terior, environment, and related agen- unacceptable and is contrary to prior war, some of the perpetrators of these cies for the fiscal year ending Sep- Acts of this Congress. In 1994, Congress heinous crimes escaped justice and tember 30, 2010, and for other purposes. passed the Federally Recognized Indian have been living out their days as free AMENDMENT NO. 2543 Tribe List Act to ensure that all tribes are treated equally, regardless of their men. At the request of Mr. TESTER, the In an effort to bring these fugitives name of the Senator from Idaho (Mr. date of recognition. I want to thank Senators TESTER, to justice, the Simon Wiesenthal Cen- RISCH) was added as a cosponsor of INOUYE, AKAKA, BAUCUS, UDALL, BINGA- ter and the Targum Shlishi Foundation amendment No. 2543 intended to be pro- MAN, and FRANKEN for their support on of Miami, Florida launched ‘‘Oper- posed to H.R. 2996, a bill making appro- this legislation. My cosponsors are well ation: Last Chance’’ to help identify priations for the Department of the In- aware of the resulting impact this deci- and facilitate the prosecution of the re- terior, environment, and related agen- sion could have on our Native Amer- maining unprosecuted Nazi war crimi- cies for the fiscal year ending Sep- ican communities. Affected tribes de- nals and to assist governments in tember 30, 2010, and for other purposes. serve our timely consideration of this bringing Nazi war criminals to justice. f bill. I urge my colleagues to join me in Among the Center’s many open cases there is Alois Brunner, a key operative STATEMENTS ON INTRODUCED supporting the passage of this legisla- tion. of Adolf Eichmann, who was respon- BILLS AND JOINT RESOLUTIONS Mr. President, I ask unanimous con- sible for the deportation of 47,000 Jews By Mr. DORGAN (for himself, Mr. sent that the text of the bill be printed from Austria, 44,000 Jews from Greece, TESTER, Mr. INOUYE, Mr. in the RECORD. 23,500 Jews from France, and 14,000 AKAKA, Mr. BAUCUS, Mr. UDALL There being no objection, the text of Jews from Slovakia to Nazi death of New Mexico, Mr. BINGAMAN, the bill was ordered to be printed in camps. He lived in Syria for decades and Mr. FRANKEN): the RECORD, as follows: and the Syrian government refused to

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9843 cooperate with international prosecu- centives for making homes more existing water supplies will help secure tion efforts. He was convicted in water-efficient, for building new water- water scarce regions against the eco- absentia for his crimes by France. He efficient homes, for public water con- nomic and health catastrophes that was born in 1912 and last seen in 2001. servation, and for other purposes; to would occur if their water supplies While is it doubtful that he is still the Committee on Finance. were to run dry. alive, there is no conclusive evidence of Mr. REID. Mr. President, I rise today We need to invest meaningfully in his death. to introduce three pieces of legislation: planning for, adapting to and miti- Another case is that of Milivoj Asner, the Water Efficiency and Conservation gating the effects of climate change on who served as the police chief of the Investment Act, S. 1711, the Water Effi- water supplies and water infrastruc- city of Slavonska Pozega. During 1941 ciency, Conservation and Adaptation ture with which Nevadans are becom- and 1942, Mr. Asner orchestrated the Act, S. 1712, and the Water Efficiency ing all too familiar. It is important robbery, persecution and destruction of via Carbon Harvesting and Restoration that we start planning right away for a the local Serb, Jewish, and Gypsy com- Act, S. 1713. more secure water supply future. munities, which culminated in the de- Water is our world’s most precious Investing in water efficiency and portation of hundreds of civilians to and important limited natural re- adapting our water systems to a chang- Ustasha concentration camps, where source—access to water is vital for ing climate not only prepares us for most of the deportees were murdered. every person and life form on this plan- the future, it also can save consumers After his exposure in Operation: Last et. Albert Szent-Gyorgyi, a Hungarian hundreds of dollars on their water bills. Chance, the former police chief later Nobel Prize winning doctor, once said Additionally, adequate funding for the escaped once again to Klagenfurt, Aus- that ‘‘water is life’s mater and matrix, legislation I am introducing today tria where he currently resides. mother and medium. There is no life could create tens of thousands of jobs. Within our own government, the Of- without water.’’ A $1 million direct investment in water fice of Special Investigations at the While Nevada is blessed with beau- efficiency is estimated to create be- Justice Department is tasked with tiful desert landscapes and tremendous tween 15 and 22 jobs—more than double identifying, investigating and denying clean energy resources, we are not the jobs created by coal or oil invest- refuge in the United States to the Nazi blessed with abundant water supplies. ments. persecutors. As a result, the U.S. is the That is why I am introducing legisla- Together, the Water Efficiency and only country in the world to have won tion together with my friend Senator Conservation Investment Act and the an ‘‘A’’ rating from the Simon ENSIGN and others that will: encourage Water Efficiency, Conservation and Ad- Wiesenthal Center for effectiveness in Americans to use water more effi- aptation Act provide the right balance pursuing justice for Holocaust crimes. ciently; ensure that future generations of tax incentives, financing and grant Yet despite the best efforts of the have access to adequate supplies of programs to begin formulating a na- U.S. Government and tireless work of clean water; and convert water stealing tional strategy to address these press- organizations like the Wiesenthal Cen- invasive weeds to sequestered carbon ing needs and ensure that current and ter, some countries continue to harbor and clean-burning fuels. future Nevadans will have greater and wanted Nazis and refuse to accept the A lengthy drought is taking its toll more sustainable economic growth op- extradition of Nazi criminals from on the Colorado River Basin states, es- portunities. other countries, including the U.S. pecially Nevada, Arizona, and Cali- The Water Efficiency via Carbon Har- This inaction is shameful. fornia. More than 30 million people rely vesting and Restoration Act also helps It is incumbent upon us as Americans on water from the Colorado River, protect our water resources, and does to honor the memory of those killed in which supplies Southern Nevada with much more. Invasive weeds and dan- the Holocaust and to pay tribute to the 90 percent of its water. Water levels at gerous fuels buildup in Western land- sacrifices of the men and women who Lake Mead, where water used by 1.9 scapes have become recipes for disaster fought and died in World War II. The million Nevadans is stored, have on a seemingly annual basis. The Bu- last surviving Nazi war criminals are dropped by roughly 100 feet. If the reau of Land Management has esti- dying off. We must do everything in drought in the Southwest continues mated that a single acre of salt cedar our power, including equipping our own the lake could dry up in the next 12 robs our watersheds of nearly a million government with important tools, to years, according to a study by the gallons of water each year. The Na- bring these war criminals to justice be- Scripps Institution of Oceanography. tional Park Service has found that the fore it is too late. Growing population, rising water de- infestation at Lake Mead National The World War II War Crimes Ac- mand, climate change induced disrup- Recreation Area alone covers almost countability Act seeks to strengthen tions to the water cycle, aging infra- 7,000 acres. Removing the salt cedar U.S. efforts by directing the Attorney structure, and water disputes all neces- from this one area would restore General to assess a country’s coopera- sitate early action so the water re- enough water to satisfy the needs of tion in prosecuting and extraditing war sources we rely on today can be en- 72,000 Las Vegas residents. criminals when considering prospective joyed by the next generation. At the same time, expansion of countries for admission into the Visa Even without considering the effects pinyon and juniper now covers up to 9 Waiver Program. It also requires the of climate change, the U.S. Global million acres of the public lands in the President to issue an annual report de- Change Research Program has identi- Great Basin, forming dense thickets scribing such cooperation for countries fied many serious water supply con- impenetrable to most wildlife, and cre- seeking entry into or renewal of the flicts in the Colorado River Basin ating enormous wildland fire hazards. Visa Waiver Program. states by 2025. Factoring in the Using biochar production technology, I believe that giving the administra- USGCRP’s projection that precipita- we can restore these impacted land- tion this added review process will help tion runoff will decrease in the South- scapes, while producing valuable prod- encourage foreign governments to pros- west by up to 40 percent in some areas ucts that can help address climate ecute and extradite wanted criminals. I over the next half century as a result change through long term carbon se- hope that others will join me in co- of a changing climate, it is clear that questration, benefit agriculture and sponsoring this legislation and voting immediate and constant attention is the environment by reducing the need it into law. and will be necessary to address these for chemical fertilizers, and produce Time is of the essence. Surviving water supply problems. cleaner-burning fuels to help meet our Nazi war criminals are becoming in- Legislation is urgently needed to pro- Nation’s energy needs. All of this can creasingly rare. We must do all that we mote greater water efficiency and cre- be achieved while saving billions of can before it is too late. ate better financing options for im- gallons of water, reducing the risks of proving our infrastructure to save, re- hotter and more difficult to extinguish By Mr. REID (for himself and Mr. cycle and reuse water. Strong tax in- wildfires, and creating rural economic ENSIGN): centives to make our homes and yards development opportunities. S. 1711. A bill to amend the Internal more water efficient and to increase in- Let me offer a brief description of Revenue Code of 1986 to provide tax in- vestments in extending the life of our how biochar technology works: the

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9844 CONGRESSIONAL RECORD — SENATE September 24, 2009 woody material in invasive plants is gard to whether any other person occupies gram shall not be taken into account for heated in the absence of oxygen to such dwelling unit as a residence), and purposes of determining the credit under produce biochar, as well as bio-oil and ‘‘(B) originally placed in service by the subsection (a) with respect such individual. syngas which can then be used to power taxpayer. ‘‘(e) APPLICATION WITH OTHER CREDITS.— Such term includes expenditures for labor ‘‘(1) BUSINESS CREDIT.— the production process. Biochar is ‘‘(A) BUSINESS CREDIT TREATED AS PART OF nearly pure carbon, and when applied costs properly allocable to the onsite prepa- ration, assembly, or original installation of GENERAL BUSINESS CREDIT.—So much of the to landscapes and agricultural fields it such property. credit which would be allowed under sub- has long-lasting benefits. It signifi- ‘‘(2) QUALIFIED WATER EFFICIENCY PROP- section (a) for any taxable year (determined cantly improves soil quality, decreases ERTY.—The term ‘qualified water efficiency without regard to this subsection) that is at- fertilizer runoff, and increases plant property’ means— tributable to property of a character subject health and crop yields. Studies have ‘‘(A) property which meets the national ef- to an allowance for depreciation shall be found that biochar is stable for hun- ficiency standards and specifications for res- treated as a credit listed in section 38(b) for idential water-using fixtures, appliances, and such taxable year (and not allowed under dreds if not thousands of years, keep- subsection (a)). ing this carbon from being released devices under the WaterSense program of the Environmental Protection Agency that are ‘‘(B) DISALLOWANCE OF DEPRECIATION.—In into the atmosphere where it would in effect on the date of purchase of such the case of an expenditure for property de- contribute to climate change. property, but only if such property improves scribed in subparagraph (A) with respect to These bills will do much to extend water efficiency by no less than 20 percent which a credit is allowed under section 38(b) the life of our water resources in the over standard models of similar water-using by reason of such subparagraph, the depre- face of growing water demand and cli- fixtures and appliances as determined by the ciation allowance for such property in all mate disruptions, while improving the Administrator of such Agency, and taxable years shall be zero and no deduction ‘‘(B) water efficient landscaping which is shall be available under section 167 with re- health of ecosystems. Under these bills, spect to such property. Nevadans would have new options to installed by a landscape irrigation profes- sional certified by such WaterSense program ‘‘(2) PERSONAL CREDIT.— save money on their water bills and and which reduces water use by no less than ‘‘(A) IN GENERAL.—For purposes of this new ways to make money by elimi- 50 percent, as certified by such professional. title, the credit allowed under subsection (a) nating water-hungry invasive species. ‘‘(3) STATE WATER EFFICIENCY STANDARDS.— for any taxable year (determined after appli- And, the low-cost financing options In the case of a State that has mandatory cation of paragraph (1)) shall be treated as a that will help communities adapt to water efficiency standards for any property credit allowable under subpart A for such drought and water scarcity due to glob- that are more stringent than the standards taxable year. ‘‘(B) LIMITATION BASED ON AMOUNT OF al climate change will ensure sustain- and specifications described in paragraph (2), TAX.—In the case of a taxable year to which able economic growth and stimulate property installed on or in connection with a dwelling unit that is located in such State section 26(a)(2) does not apply, the credit al- more green job creation. must meet such water efficiency standards of lowed under subsection (a) for any taxable As these bills move through the leg- such State in order to be treated as qualified year (determined after application of para- islative process, I look forward to water efficiency property for purposes of this graph (1)) shall not exceed the excess of— working with my colleagues to ensure section. ‘‘(i) the sum of the regular tax liability (as that adequate attention is paid to the ‘‘(d) SPECIAL RULES.—For purposes of this defined in section 26(b)), plus tremendous work our Nation must do section— ‘‘(ii) the sum of the credits allowable under ‘‘(1) JOINT OWNERSHIP OF WATER EFFICIENCY subpart A (other than this section and sec- so that future generations may enjoy a tions 23, 25D, 30, 30B, and 30D) and section 27 more secure and predictable clean ITEMS.— ‘‘(A) IN GENERAL.—An expenditure shall for the taxable year. water future. not fail to be treated as a qualified water ef- ‘‘(f) TERMINATION.—This section shall not Mr. President, I ask unanimous con- ficiency property expenditure merely be- apply with respect to any property placed in sent that the text of the bill be printed cause such expenditure was made with re- service after December 31, 2014.’’. in the RECORD. spect to 2 or more dwelling units. (b) CONFORMING AMENDMENTS.— There being no objection, the text of ‘‘(B) ALLOCATION OF EXPENDITURES.—In the (1) Section 24(b)(3)(B) of the Internal Rev- the bill was ordered to be printed in case of an expenditure made with respect to enue Code of 1986 is amended by striking ‘‘and 30D’’ and inserting ‘‘, 30D, and 30E’’. the RECORD, as follows: 2 or more dwelling units, for purposes of de- termining the credit allowable under this (2) Section 25(e)(1)(C)(ii) of such Code is S. 1711 section, such expenditure shall be allocated amended by inserting ‘‘30E,’’ after ‘‘30D,’’. Be it enacted by the Senate and House of Rep- among such dwelling units in proportion to (3) Section 25B(g)(2) of such Code is amend- resentatives of the United States of America in the amount of the expenditure made for each ed by striking ‘‘and 30D’’ and inserting ‘‘30D, Congress assembled, dwelling unit. and 30E’’. SECTION 1. SHORT TITLE. ‘‘(2) REFUNDS DISREGARDED IN THE ADMINIS- (4) Section 904(i) of such Code is amended This Act may be cited as the ‘‘Water Effi- TRATION OF FEDERAL PROGRAMS AND FEDER- by striking ‘‘and 30D’’ and inserting ‘‘30D, ciency and Conservation Investment Act of ALLY ASSISTED PROGRAMS.—Any credit or re- and 30E’’. 2009’’. fund allowed or made to any individual by (5) Section 1016(a) of such Code is amended SEC. 2. RESIDENTIAL WATER EFFICIENCY CRED- reason of this section shall not be taken into by striking ‘‘and’’ at the end of paragraph IT. account as income and shall not be taken (36), by striking the period at the end of (a) IN GENERAL.—Subpart B of part IV of into account as resources, for purposes of de- paragraph (37) and inserting ‘‘, and’’, and by subchapter A of chapter 1 of the Internal termining the eligibility of such individual adding at the end the following new para- Revenue Code is amended by inserting after or any other individual for benefits or assist- graph: section 30D the following new section: ance, or the amount or extent of benefits or ‘‘(38) to the extent provided in section ‘‘SEC. 30E. RESIDENTIAL WATER EFFICIENCY assistance, under any Federal program or 30E(d)(3).’’. CREDIT. under any State or local program financed in (6) Section 1400C(d)(2) of such Code is ‘‘(a) ALLOWANCE OF CREDIT.—In the case of whole or in part with Federal funds. amended by striking ‘‘and 30D’’ and inserting an individual, there shall be allowed as a ‘‘(3) BASIS ADJUSTMENTS.—For purposes of ‘‘30D, and 30E’’. credit against the tax imposed by this chap- this subtitle, if a credit is allowed under sub- (c) CREDIT TO BE PART OF BUSINESS CRED- ter for the taxable year an amount equal to section (a) for any expenditure with respect IT.—Section 38(b) of the Internal Revenue 50 percent of the qualified water efficiency to any property, the increase in the basis of Code of 1986 is amended by striking ‘‘plus’’ at property expenditures paid or incurred dur- such property which would (but for this sub- the end of paragraph (34), by striking the pe- ing such taxable year. section) result from such expenditure shall riod at the end of paragraph (35) and insert- ‘‘(b) LIMITATION.—The credit allowed under be reduced by the amount of the credit so al- ing ‘‘, plus’’, and by adding at the end the this section with respect to any taxpayer for lowed. following new paragraph: any taxable year shall not exceed $750. ‘‘(4) DENIAL OF DOUBLE BENEFIT.— ‘‘(36) the portion of the residential water ‘‘(c) QUALIFIED WATER EFFICIENCY PROP- ‘‘(A) IN GENERAL.—No deduction or credit efficiency credit to which section 30E(e)(1) ERTY EXPENDITURES.—For purposes of this under any other provision of this chapter applies.’’. section— shall be allowed with respect to the amount (d) CLERICAL AMENDMENT.—The table of ‘‘(1) IN GENERAL.—The term ‘qualified of any qualified water efficiency property ex- sections for subpart B of part IV of sub- water efficiency property expenditures’ penditure taken into account under this sec- chapter A of chapter 1 of the Internal Rev- means expenditures for qualified water effi- tion. enue Code of 1986 is amended by inserting ciency property which is— ‘‘(B) REBATE PROGRAMS.—The amount of after the item relating to section 30D the fol- ‘‘(A) installed on or in connection with a any qualified water efficiency property ex- lowing new item: dwelling unit located in the United States penditure for which an individual is reim- ‘‘Sec. 30E. Residential water efficiency cred- that is owned by the taxpayer (without re- bursed under any Federal government pro- it.’’.

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(e) EFFECTIVE DATE.—The amendments gram for the construction of such home or ‘‘(B) QUALIFIED ELECTRICITY SUPPLY CON- made by this section shall apply to property for expenditures relating to such construc- TRACT.— placed in service after December 31, 2009. tion. ‘‘(i) IN GENERAL.—For purposes of this SEC. 3. NEW WATER EFFICIENT HOME CREDIT. ‘‘(g) TERMINATION.—This section shall not paragraph, the term ‘qualified electricity apply to any qualified new water efficient (a) IN GENERAL.—Subpart D of part IV of supply contract’ means— subchapter A of chapter 1 of the Internal home acquired after December 31, 2014.’’. ‘‘(I) any contract entered into by a water (b) CREDIT TO BE PART OF GENERAL BUSI- Revenue Code of 1986 is amended by adding or sewer utility to acquire electricity for the NESS CREDIT.—Section 38(b) of the Internal use of such utility in providing water or at the end the following new section: Revenue Code of 1986, as amended by this ‘‘SEC. 45R. NEW WATER EFFICIENT HOME CRED- sewer services to its customers, if such con- Act, is amended by striking ‘‘plus’’ at the tract provides that the provider of such elec- IT. end of paragraph (35), by striking the period ‘‘(a) ALLOWANCE OF CREDIT.—For purposes tricity under the contract will use not less at the end of paragraph (36) and inserting ‘‘, than 75 percent of the prepayment described of section 38, in the case of an eligible con- plus’’, and by adding at the end the following in subparagraph (A) to acquire, construct, or tractor, the new water efficient home credit new paragraph: improve a qualified renewable energy facil- for the taxable year is an amount equal to ‘‘(37) the new water efficient home credit ity, and $1,500 for each qualified new water efficient determined under section 45R.’’. ‘‘(II) any contract to acquire electricity home which is— (c) CLERICAL AMENDMENT.—The table of ‘‘(1) constructed by such eligible con- sections for subpart D of part IV of sub- which is not described in subclause (I) which tractor, and chapter A of chapter 1 of the Internal Rev- the Secretary determines does not constitute ‘‘(2) acquired by a person from such eligible enue Code of 1986 is amended by adding at property of the type intended to be described contractor during the taxable year. the end the following new item: in paragraph (2)(D). ‘‘(ii) WATER OR SEWER UTILITY.—The term ‘‘(b) DEFINITIONS.—For purposes of this sec- ‘‘Sec. 45R. New water efficient home cred- ‘water or sewer utility’ means a utility tion— it.’’. which is a governmental unit or is owned by ‘‘(1) ELIGIBLE CONTRACTOR.—The term ‘eli- (d) EFFECTIVE DATE.—The amendments gible contractor’ means a person who is cer- a governmental unit and which provides— made by this section shall apply to homes ‘‘(I) water for residential, commercial, irri- tified as a builder partner under the acquired after December 31, 2009. WaterSense program of the Environmental gation, or industrial use, or SEC. 4. WATER CONSERVATION BONDS. ‘‘(II) sewer services for residential, com- Protection Agency and who is— (a) IN GENERAL.—Section 54D of the Inter- ‘‘(A) the person who constructed the quali- mercial, or industrial use, nal Revenue Code of 1986 is amended— to retail or wholesale customers in the serv- fied new water efficient home, or (1) by striking ‘‘energy conservation bond’’ ice territory of such utility. ‘‘(B) in the case of a qualified new energy each place it appears in subsections (a), (b), ‘‘(iii) QUALIFIED RENEWABLE ENERGY FACIL- efficient home which is a manufactured and (d), and inserting ‘‘energy and water ITY.—The term ‘qualified renewable energy home, the manufactured home producer of conservation bond’’, facility’ means a qualified facility within the such home. (2) by inserting ‘‘ ’’ after AND WATER meaning of section 45(d) (without regard to ‘‘(2) QUALIFIED NEW WATER EFFICIENT ‘‘ ’’ in the heading, QUALIFIED ENERGY paragraphs (8) and (10) thereof, to the placed HOME.—The term ‘qualified new water effi- (3) by striking ‘‘State or local govern- in service date of such facility, and to the cient home’ means a dwelling unit— ment’’ in subsection (a)(2) and inserting person who owns such facility) which is lo- ‘‘(A) located in the United States, ‘‘State, local government, or water district’’, cated in the United States. ‘‘(B) the construction of which is substan- (4) by striking ‘‘$3,200,000,000’’ in subsection ‘‘(iv) USE OF WATER OR SEWER UTILITY.—For tially completed after the date of the enact- (d) and inserting ‘‘$4,000,000,000, of which not purposes of clause (i)(I), a contract shall be ment of this section, and less than 20 percent shall be used for quali- treated as providing electricity for the use of ‘‘(C) which is certified by the Environ- fied conservation purposes described in sub- a water or sewer utility if the sum of— mental Protection Agency as complying section (f)(1)(F)’’, and ‘‘(I) the total number of kilowatt hours of with the Final Water-Efficient Single-Fam- (5) by adding at the end of subsection (f)(1) electricity purchased under such contract ily New Home Specification issued by such the following new subparagraph: and any other contracts for the purchase of Agency. ‘‘(F) Expenditures incurred for purposes electricity by such utility in effect on the ‘‘(3) CONSTRUCTION.—The term ‘construc- of— date of the execution of such contract, plus tion’ includes substantial reconstruction and ‘‘(i) reducing water consumption by a pub- ‘‘(II) the amount of electricity expected to rehabilitation. lic building or facility by not less than 30 be generated by any generating facilities ‘‘(4) ACQUIRE.—The term ‘acquire’ includes percent, owned and used by such utility, purchase. ‘‘(ii) advanced water metering infrastruc- ‘‘(c) CERTIFICATION.— ture, including the purchase, installation, does not exceed by more than 10 percent the ‘‘(1) METHOD OF CERTIFICATION.—A certifi- and commissioning of advanced water me- total kilowatt hours of electricity expected cation described in subsection (b)(2)(C) shall ters and related software and infrastructure, to be used by such utility during the term of be made in accordance with guidance pre- ‘‘(iii) investigation, design, or construction such contract for the purpose of providing scribed by the Secretary, after consultation of a qualified groundwater remediation, de- water or sewer services to its customers or with the Administrator of the Environ- salination, or recycled water facility or sys- for resale to other water or sewer utilities mental Protection Agency. Such guidance tem, for their use (and not for resale to any entity shall specify procedures and methods for cal- ‘‘(iv) increasing energy efficiency or the that is not a water or sewer utility). culating water and cost savings. generation and use of renewable energy in ‘‘(C) OTHER RULES.—Rules similar to the ‘‘(2) FORM.—Any certification described in the management, conveyance, or treatment rules of subparagraphs (D)(ii), (G), and (I) of subsection (b)(2)(C) shall be made in writing of water, wastewater, or stormwater, paragraph (4) shall apply for purposes of this in a manner which specifies in readily ‘‘(v) reducing water loss in a water dis- paragraph.’’. verifiable fashion the water efficient compo- tribution system, including training water (b) PRIVATE LOAN FINANCING TEST NOT TO nents (including toilets, faucets, other system personnel, annual testing and cali- APPLY TO PREPAYMENTS FOR ELECTRICITY.— plumbing fixtures and appliances, hot water bration of meters, detecting and repairing Paragraph (2) of section 141(c) of the Internal delivery, landscape design, and irrigation leaks, and purchase and installation of re- Revenue Code of 1986 is amended— systems) installed and their respective rated lated equipment, or (1) by striking ‘‘or’’ at the end of subpara- water efficiency performance. ‘‘(vi) establishing or improving a system graph (B), ‘‘(d) BASIS ADJUSTMENT.—For purposes of for volumetric billing to enable utilities to (2) by striking the period at the end of sub- this subtitle, if a credit is allowed under this base retail residential customer bills in paragraph (C) and inserting ‘‘, or’’, and section in connection with any expenditure whole or in part on the volume of metered (3) by adding at the end the following new for any property, the increase in the basis of water deliveries.’’. subparagraph: such property which would (but for this sub- (b) EFFECTIVE DATE.—The amendments ‘‘(D) is a qualified electricity supply con- section) result from such expenditure shall made by this section shall take effect on the tract (as defined in section 148(b)(5)).’’. be reduced by the amount of the credit so de- date of the enactment of this Act. (c) EFFECTIVE DATE.—The amendments termined. SEC. 5. ARBITRAGE RULES NOT TO APPLY TO made by this section shall apply to obliga- ‘‘(e) COORDINATION WITH OTHER CREDITS.— PREPAYMENTS FOR ELECTRICITY. tions issued after the date of the enactment Expenditures taken into account under sec- (a) IN GENERAL.—Subsection (b) of section of this Act. tion 45L, 47, or 48(a) shall not be taken into 148 of the Internal Revenue Code of 1986 is account under this section. amended by adding at the end the following By Mr. REID (for himself, Mrs. ‘‘(f) REBATE PROGRAMS.—The amount of new paragraph: BOXER, and Mr. CARDIN): the credit allowed under subsection (a) to an ‘‘(5) SAFE HARBOR FOR PREPAID ELECTRICITY S. 1712. A bill to promote water effi- eligible contractor with respect to any quali- SUPPLY CONTRACTS.— fied new water efficient home shall be re- ‘‘(A) IN GENERAL.—The term ‘investment- ciency, conservation, and adaptation, duced, but not below zero, by the amount of type property’ does not include a prepay- and for other purposes; to the Com- any reimbursement which such contractor ment under a qualified electricity supply mittee on Environment and Public receives under any Federal government pro- contract. Works.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9846 CONGRESSIONAL RECORD — SENATE September 24, 2009 Mr. REID. Mr. President, I ask unan- (b) DUTIES.—The Administrator shall— (1) $7,500,000 for fiscal year 2010; imous consent that the text of the bill (1) establish— (2) $10,000,000 for fiscal year 2011; be printed in the RECORD. (A) a WaterSense label to be used for cer- (3) $20,000,000 for fiscal year 2012; There being no objection, the text of tain items; and (4) $50,000,000 for fiscal year 2013; and (B) the procedure by which an item may be the bill was ordered to be printed in (5) for each subsequent fiscal year, the ap- certified to display the WaterSense label; plicable amount during the preceding fiscal the RECORD, as follows: (2) promote WaterSense-labeled products, year, as adjusted to reflect changes for the S. 1712 buildings, landscapes, facilities, processes, 12-month period ending the preceding No- Be it enacted by the Senate and House of Rep- and services in the market place as the pre- vember 30 in the Consumer Price Index for resentatives of the United States of America in ferred technologies and services for— All Urban Consumers published by the Bu- Congress assembled, (A) reducing water use; and reau of Labor Statistics of the Department SECTION 1. SHORT TITLE. (B) ensuring product and service perform- of Labor. This Act may be cited as the ‘‘Water Effi- ance; SEC. 5. STATE RESIDENTIAL WATER EFFICIENCY ciency, Conservation, and Adaptation Act of (3) work to enhance public awareness of the WaterSense label through public out- AND CONSERVATION INCENTIVES 2009’’. PROGRAM. SEC. 2. FINDINGS. reach, education, and other means; (a) DEFINITIONS.—In this section: Congress finds that— (4) preserve the integrity of the (1) ELIGIBLE ENTITY.—The term ‘‘eligible (1)(A) human-induced climate change is af- WaterSense label by— entity’’ means a State government, local or fecting the natural water cycle, decreasing (A) establishing and maintaining perform- county government, tribal government, precipitation levels in the West, especially ance criteria so that products, buildings, wastewater or sewerage utility, municipal the Southwest, and making droughts and landscapes, facilities, processes, and services water authority, energy utility, water util- floods more frequent and more intense; labeled with the WaterSense label perform as ity, or nonprofit organization that meets the (B) declining precipitation levels will se- well or better than less water-efficient coun- requirements of subsection (b). verely impact water supplies in South- terparts; (2) INCENTIVE PROGRAM.—The term ‘‘incen- western States; and (B) overseeing WaterSense certifications tive program’’ means a program for admin- (C) a sharp increase in the number of days made by third parties; istering financial incentives for consumer with very heavy precipitation throughout (C) conducting reviews of the use of the purchase and installation of water-efficient the Northeast and the Midwest will stress WaterSense label in the marketplace and taking corrective action in any case in which products, buildings (including new water-ef- aging water infrastructure; misuse of the label is identified; and ficient homes), landscapes, processes, or (2) changes in the water cycle caused by (D) carrying out such other measures as services described in subsection (b)(1). climate disruptions will adversely affect the Administrator determines to be appro- (3) RESIDENTIAL WATER-EFFICIENT PRODUCT, water infrastructure, energy production and priate; BUILDING, LANDSCAPE, PROCESS, OR SERVICE.— use, human health, transportation, agri- (5) regularly review and, if appropriate, up- (A) IN GENERAL.—The term ‘‘residential culture, and ecosystems, while also aggra- date WaterSense criteria for categories of water-efficient product, building, landscape, vating water disputes across the United products, buildings, landscapes, facilities, process, or service’’ means a product, build- States; processes, and services, at least once every 4 ing, landscape, process, or service for a resi- (3)(A) the Colorado River, which supplies years; dence or its landscape that is rated for water water for over 30,000,000 people, is experi- (6) to the maximum extent practicable, efficiency and performance— encing the worst drought in over 100 years of regularly estimate and make available to (i) by the WaterSense program; or recordkeeping; and the public the production and relative mar- (ii) if a WaterSense specification does not (B) the primary reservoirs of the Colorado ket shares of, and the savings of water, en- exist, by the Energy Star program or an in- River Basin and Lakes Mead and Powell have ergy, and capital costs of water, wastewater, centive program approved by the Adminis- lost nearly half of the storage waters of the and stormwater infrastructure attributable trator. reservoirs and Lakes, and clean hydropower to the use of WaterSense-labeled products, (B) INCLUSIONS.—The term ‘‘residential generated from Hoover Dam risks reduction buildings, landscapes, facilities, processes, water-efficient product, building, landscape, if the extended drought persists; and services, at least annually; process, or service’’ includes— (4) States and local governments and water (7) solicit comments from interested par- (i) faucets; utilities can begin to address the challenges ties and the public prior to establishing or (ii) irrigation technologies and services; described in this section by providing incen- revising a WaterSense category, specifica- (iii) point-of-use water treatment devices; tives for water efficiency and conservation, tion, installation criterion, or other cri- (iv) reuse and recycling technologies; while also planning and investing in infra- terion (or prior to effective dates for any (v) toilets; structure to adapt to the impacts of climate such category, specification, installation cri- (vi) clothes washers; change, particularly those impacts already terion, or other criterion); (vii) dishwashers; affecting the United States; (8) provide reasonable notice to interested (viii) showerheads; (5) residential water demand can be re- parties and the public of any changes (in- (ix) xeriscaping and other landscape con- duced by 25 to 40 percent using existing, cluding effective dates), on the adoption of a versions that replace irrigated turf; and cost-effective technologies that also can re- new or revised category, specification, in- (x) new water efficient homes certified duce the water bills of consumers by hun- stallation criterion, or other criterion, along under the WaterSense program. dreds of dollars per year; and with— (4) WATERSENSE PROGRAM.—The term (6) water and energy use are inseparable (A) an explanation of the changes; and ‘‘WaterSense program’’ means the program activities, and supplying and treating water (B) as appropriate, responses to comments established by section 4. consumes around 4 percent of the electricity submitted by interested parties and the pub- (b) ELIGIBLE ENTITIES.—An entity shall be of the United States, and electricity makes lic; eligible to receive an allocation under sub- up 75 percent of the cost of processing and (9) provide appropriate lead time (as deter- section (c) if the entity— delivering municipal water. mined by the Administrator) prior to the ap- (1) establishes (or has established) an in- SEC. 3. DEFINITION OF ADMINISTRATOR. plicable effective date for a new or signifi- centive program to provide financial incen- In this Act, the term ‘‘Administrator’’ cant revision to a category, specification, in- tives to residential consumers for the pur- means the Administrator of the Environ- stallation criterion, or other criterion, tak- chase of residential water-efficient products, mental Protection Agency. ing into account the timing requirements of buildings, landscapes, processes, or services; SEC. 4. WATERSENSE. the manufacturing, marketing, training, and (2) submits an application for the alloca- (a) IN GENERAL.—There is established with- distribution process for the specific product, tion at such time, in such form, and con- in the Environmental Protection Agency a building and landscape, or service category taining such information as the Adminis- WaterSense program to identify and promote addressed; trator may require; and water efficient products, buildings, land- (10) identify and, if appropriate, implement (3) provides assurances satisfactory to the scapes, facilities, processes, and services so other voluntary approaches in commercial, Administrator that the entity will use the as— institutional, residential, industrial, and allocation to supplement, but not supplant, (1) to reduce water use; municipal sectors to encourage recycling funds made available to carry out the incen- (2) to reduce the strain on water, waste- and reuse technologies to improve water effi- tive program. water, and stormwater infrastructure; ciency or lower water use; and (3) to conserve energy used to pump, heat, (11) if appropriate, apply the WaterSense (c) AMOUNT OF ALLOCATIONS.—For each fis- transport, and treat water; and label to water-using products that are la- cal year, the Administrator shall determine (4) to preserve water resources for future beled by the Energy Star program imple- the amount to allocate to each eligible enti- generations, through voluntary labeling of, mented by the Administrator and the Sec- ty to carry out subsection (d), taking into or other forms of communications about, retary of Energy. consideration— products, buildings, landscapes, facilities, (c) AUTHORIZATION OF APPROPRIATIONS.— (1) the population served by the eligible en- processes, and services that meet the highest There are authorized to be appropriated to tity during the most recent calendar year for water efficiency and performance criteria. carry out this section— which data are available;

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(2) the targeted population of the incentive (B) INCLUSION.—The term ‘‘owner or oper- (10) conducting and completing studies or program of the eligible entity, such as gen- ator’’ includes a non-Federal entity that has assessments to project how climate change eral households, low-income households, or operational responsibilities for a federally may impact the future operations and sus- first-time homeowners, and the probable ef- owned water system. tainability of water systems; or fectiveness of the incentive program for that (3) WATER SYSTEM.—The term ‘‘water sys- (11) developing and implementing mitiga- population; tem’’ means— tion measures to rapidly address impacts on (3) for existing programs, the effectiveness (A) a community water system (as defined water systems most susceptible to abrupt of the program in encouraging the adoption in section 1401 of the Safe Drinking Water climate change, including those in the Colo- of water-efficient products, buildings, land- Act (42 U.S.C. 300f)); rado River Basin and coastal regions at risk scapes, facilities, processes, and services; (B) a publicly owned treatment works (as from rising sea levels. (4) any allocation to the eligible entity for defined in section 212 of the Federal Water (d) APPLICATION.—To be eligible to receive a preceding fiscal year that remains unused Pollution Control Act (33 U.S.C. 1292)), in- a grant from the Administrator under sub- and cluding a municipal separate storm sewer section (b), the owner or operator of a water (5) the per capita water demand of the pop- system; system shall submit to the Administrator an ulation served by the eligible entity during (C) a decentralized wastewater treatment application that— the most recent calendar year for which data system for domestic sewage; (1) includes a proposal of the program, are available and the accessibility of water (D) a groundwater storage and replenish- strategy, or infrastructure improvement to supplies to the eligible entity. ment system; or be planned, designed, constructed, imple- (d) USE OF ALLOCATED FUNDS.—Funds allo- (E) a system for transport and delivery of mented, or maintained by the water system; cated to an eligible entity under subsection water for irrigation or conservation. (2) cites the best available research or data that demonstrates— (c) may be used to pay up to 50 percent of the (b) GRANTS.—Beginning in fiscal year 2010, (A) the risk to the water resources or in- cost of establishing and carrying out an in- the Administrator shall make grants to own- frastructure of the water system as a result centive program. ers or operators of water systems to address (e) FIXTURE RECYCLING.—Eligible entities of ongoing or forecasted changes to the any ongoing or forecasted (based on the best are encouraged to promote or implement fix- hydrological system brought about by fac- available research and data) climate-related ture recycling programs to manage the dis- tors arising from climate change, including impact on the water quality or quantity of a posal of older fixtures replaced due to the in- rising sea levels and changes in precipitation region of the United States, for the purposes centive program under this section. levels; and (f) ISSUANCE OF INCENTIVES.— of mitigating or adapting to the impacts of (B) how the proposed program, strategy, or (1) IN GENERAL.—Financial incentives may climate change. infrastructure improvement would perform be provided to residential consumers that (c) ELIGIBLE USES.—In carrying out this under the anticipated climate conditions; meet the requirements of the applicable in- section, the Administrator shall make (3) explains how the proposed program, centive program. grants to assist in the planning, design, con- strategy, or infrastructure improvement is (2) MANNER OF ISSUANCE.—An eligible enti- struction, implementation, or maintenance expected to enhance the resiliency of the ty may— of any program or project to increase the re- water system, including source water protec- (A) issue all financial incentives directly silience of a water system to climate change tion for community water systems, to these to residential consumers; or by— risks or reduce the direct or indirect green- (B) with approval of the Administrator, (1) conserving water or enhancing water house gas emissions of the water system; and delegate all or part of financial incentive ad- use efficiency, including through the use of (4) demonstrates that the program, strat- ministration to other organizations, includ- water metering to measure the effectiveness egy, or infrastructure improvement is— ing local governments, municipal water au- of a water efficiency program; (A) consistent with any approved State and thorities, water utilities, and nonprofit orga- (2) modifying or relocating existing water tribal climate adaptation plan; and nizations. system infrastructure made or projected to (B) not inconsistent with any approved (3) AMOUNT.—The amount of a financial in- be made inoperable by climate change im- natural resources plan. centive shall be determined by the eligible pacts; (e) COMPETITIVE PROCESS.— entity, taking into consideration— (3) preserving or improving water quality, (1) IN GENERAL.—Each calendar year, the (A) the amount of any Federal or State tax including through measures to manage, re- Administrator shall conduct a competitive incentive available for the purchase of the duce, treat, or reuse municipal stormwater, process to select and fund applications under residential water-efficient product or serv- wastewater, or drinking water; this section. ice; (4) investigating, designing, or con- (2) PRIORITY REQUIREMENTS AND (B) the amount necessary to change con- structing groundwater remediation, recycled WEIGHTING.—In carrying out the process, the sumer behavior to purchase water-efficient water, or desalination facilities or systems; Administrator shall— products and services; and (5) enhancing water management by in- (A) prioritize funding of applications that (C) the consumer expenditures for onsite creasing watershed preservation and protec- are submitted by the owners or operators of preparation, assembly, and original installa- tion, such as through the use of natural or water systems that are, based on the best tion of the product. engineered green infrastructure in the man- available research and data, at the greatest (g) AUTHORIZATION OF APPROPRIATIONS.— agement, conveyance, or treatment of water, and most immediate risk of facing signifi- There are authorized to be appropriated to wastewater, or stormwater; cant climate-related negative impacts on the Administrator to carry out this section— (6) enhancing energy efficiency or the use water quality or quantity; (1) $100,000,000 for fiscal year 2010; and generation of renewable energy in the (B) in selecting among the priority appli- (2) $150,000,000 for fiscal year 2011; management, conveyance, or treatment of cations determined under subparagraph (A), (3) $200,000,000 for fiscal year 2012; water, wastewater, or stormwater; ensure that the final list of applications (4) $150,000,000 for fiscal year 2013; (7) supporting the adoption and use of ad- funded for each year includes a substantial (5) $100,000,000 for fiscal year 2014; and vanced water treatment, water supply man- number that, to the maximum extent prac- (6) for each subsequent fiscal year, the ap- agement (such as reservoir reoperation), or ticable, includes each eligible use described plicable amount during the preceding fiscal water demand management technologies, in subsection (c); year, as adjusted to reflect changes for the projects, or processes (such as water reuse (C) solicit applications from water systems 12-month period ending the preceding No- and recycling or adaptive conservation pric- that are— vember 30 in the Consumer Price Index for ing) that maintain or increase water supply (i) located in all regions of the United All Urban Consumers published by the Bu- or improve water quality; States; and reau of Labor Statistics of the Department (8) modifying or replacing existing systems (ii) facing varying risks as a result of cli- of Labor. or constructing new systems for existing mate change; and SEC. 6. BLUE BANK FOR WATER SYSTEM MITIGA- communities or land currently in agricul- (D) provide for solicitation and consider- TION AND ADAPTATION. tural production to improve water avail- ation of public input in the development of (a) DEFINITIONS.—In this section: ability, storage, or conveyance in a manner criteria used in evaluating applications. (1) ABRUPT CLIMATE CHANGE.—The term that— (f) COST SHARING.— ‘‘abrupt climate change’’ means a large-scale (A) promotes more efficient use of avail- (1) FEDERAL SHARE.—The Federal share of change in the climate system that— able water supplies; and the cost of any program, strategy, or infra- (A) takes place over a few decades or less; (B) does not further exacerbate stresses on structure improvement that is the subject of (B) persists (or is anticipated to persist) for ecosystems; a grant awarded by the Administrator to a at least a few decades; and (9) supporting practices and projects, such water system under subsection (b) shall not (C) causes substantial disruptions in as improved irrigation systems, water bank- exceed 50 percent of the cost of the program, human and natural systems. ing and other forms of water transactions, strategy, and infrastructure improvement. (2) OWNER OR OPERATOR.— groundwater recharge, stormwater capture, (2) CALCULATION OF NON-FEDERAL SHARE.— (A) IN GENERAL.—The term ‘‘owner or oper- and reuse or recycling of drainage water, to In calculating the non-Federal share of the ator’’ means a person (including a regional, improve water quality or promote more effi- cost of a program, strategy, or infrastruc- State, local, municipal, or private entity) cient water use, including on land currently ture improvement proposed by a water sys- that owns or operates a water system. in agricultural production; tem through an application submitted by the

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(B) not include any other amount that the United States; SEC. 4. RESOURCE ASSESSMENT. water system receives from a Federal agen- (4) minimizing the impact of and eradi- (a) IN GENERAL.—The Director of the cy. cating invasive species that wrest water United States Geological Survey shall con- (g) LABOR STANDARDS.— from delicate watersheds is in the best inter- duct resources assessments that collect and (1) IN GENERAL.—All laborers and mechan- est of the United States; synthesize interagency and State data to ics employed on infrastructure improve- (5) as drought conditions worsen and legal quantify— ments funded directly by or assisted in whole requirements relating to water supply accel- (1) invasive plant species and excess bio- or in part by this section shall be paid wages erate water shortages, innovative approaches mass in the form of dangerous fuel loads on at rates not less than those prevailing for are needed to address the increasing demand public land that can be used for feedstock; the same type of work on similar construc- for water; (2) estimated carbon content in that feed- tion in the immediate locality, as deter- (6) pine bark beetle has killed thousands of stock; mined by the Secretary of Labor in accord- acres of standing forests in the Western (3) estimated potential biochar and bio- ance with subchapter IV of chapter 31 of part United States, creating a hazardous buildup energy producible from that feedstock; and A of subtitle II of title 40, United States of dead tree biomass that is a serious fire (4) potential water savings resulting from Code. threat to those and surrounding areas; removal of invasive plant species and excess (2) AUTHORITY AND FUNCTIONS.—With re- (7) biochar technology would result in a biomass on public land, by watershed. spect to the labor standards in this sub- more cost-effective, environmentally bene- section, the Secretary of Labor shall have ficial, and successful approach to combating (b) REPORT.—Not later than 1 year after the authority and functions set forth in Re- invasive weeds and removing excess biomass the date of enactment of this Act and bienni- organization Plan Numbered 14 of 1950 (64 and plant waste from public land; ally thereafter, the Director of United States Stat. 1267; 5 U.S.C. App.) and section 3145 of (8) invasive weeds and excess biomass on Geological Survey shall submit to Congress a title 40, United States Code. public land can serve as feedstock for report that describes the results of each re- (h) REGULATIONS.— biochar and alternative fuel production; source assessment conducted under sub- (1) IN GENERAL.—Not later than 1 year after (9) it is in the best interest of the United section (a). the date of enactment of this Act, the Ad- States to conduct a comprehensive and thor- SEC. 5. TECHNOLOGY RESEARCH. ministrator shall promulgate final regula- ough research, development, and demonstra- (a) DEVELOPMENT OF MOBILE BIOCHAR PRO- tions to carry out this section. tion program on biochar and related bio- DUCTION UNITS.—Not later than 1 year after (2) SPECIAL RULE FOR THE CONSTRUCTION OF energy so as to better understand how to use the date of enactment of this Act and in ac- TREATMENT WORKS.—In carrying out this sub- excess biomass available on public land; and cordance with subsection (c), the Secretary section, the Administrator shall incorporate (10) biochar production and use systems of the Interior shall establish a program to all relevant and appropriate requirements of have been shown to have many ancillary provide guarantees of loans by private insti- title VI of the Federal Water Pollution Con- beneficial environmental impacts. tutions— trol Act (33 U.S.C. 1381 et seq.) applicable to (b) PURPOSES.—The purposes of this Act (1) to develop and optimize commercially the construction of treatment works that are— and technologically viable biochar produc- are carried out under this section. (1) to restore the natural hydrology of tion units that— (i) REPORT TO CONGRESS.—Not later than 3 Western landscapes by removing water-in- (A) are designed to use woody invasive years after the date of enactment of this tensive invasive plant species; plant species and excess biomass feedstock Act, and every 3 years thereafter, the Ad- (2) to reduce dangerous forest and range- such as tamarisk, pinyon pine, and juniper; ministrator shall submit to the Congress a land fuel loads; (B) produce net negative carbon emissions report on progress in implementing this sec- (3) to develop technologies to convert un- relative to natural decomposition; tion, including information on project appli- desirable invasive plant species to useful ma- cations received and funded annually. (C) are self-contained on a portable plat- terials; (j) AUTHORIZATION OF APPROPRIATIONS.— form suitable for deployment to remote loca- There are authorized to be appropriated to (4) to develop markets for those materials; tions and on unpaved roads; and carry out this section such sums as are nec- and (D) can capture biochar and bioenergy pro- essary. (5) to provide technologies to land man- duced for immediate energy needs or trans- agers to continue those processes into the fu- port to market; and By Mr. REID (for himself, Mr. ture. (2) to produce, not later than 2 years after BAUCUS, Mr. HATCH, Mr. TEST- SEC. 3. DEFINITIONS. the date of securing a guaranteed loan under this section for the purposes described in sec- ER, and Mr. UDALL of New Mex- In this Act: (1) BIOCHAR.—The term ‘‘biochar’’ means tion 7(a)(2), 4 biochar production units for ico): deployment to remote landscapes, of which— S. 1713. A bill to establish loan guar- charcoal or black carbon derived from or- ganic matter through pyrolysis. (A) 2 shall be dedicated primarily to con- antee programs to develop biochar (2) BIOENERGY.—The term ‘‘bioenergy’’ tract work with the Bureau of Land Manage- technology using excess plant biomass, means hydrocarbons derived from organic ment; and to establish biochar demonstration matter through pyrolysis, including bio-oil, (B) 2 shall be dedicated primarily to con- projects on public land, and for other syngas, or thermal energy. tract work with the National Park Service. purposes; to the Committee on Energy (3) EXCESS BIOMASS.— (b) DEVELOPMENT OF FIXED BIOCHAR PRO- and Natural Resources. (A) IN GENERAL.—The term ‘‘excess bio- DUCTION UNITS.—Not later than 1 year after Mr. REID. Mr. President, I ask unan- mass’’ means any plant matter targeted for the date of enactment of this Act and in ac- imous consent that the text of the bill removal from public land to promote eco- cordance with subsection (c), the Secretary be printed in the RECORD. system health. of Agriculture shall establish a program to There being no objection, the text of (B) INCLUSIONS.—The term ‘‘excess bio- provide guarantees of loans by private insti- the bill was ordered to be printed in mass’’ includes— tutions— (i) trees or tree waste on public land; (1) to develop and optimize commercially the RECORD, as follows: (ii) wood and wood wastes and residues; and technologically viable biochar produc- S. 1713 and tion units that— Be it enacted by the Senate and House of Rep- (iii) weedy plants and grasses (including (A) while not necessarily self contained, resentatives of the United States of America in aquatic, noxious, or invasive plants). can be disassembled, moved, and reassembled Congress assembled, (4) FEEDSTOCK.—The term ‘‘feedstock’’ to be operational on a new site within 30 SECTION 1. SHORT TITLE. means excess biomass in the form of plant days, so as to support fuels reduction work; This Act may be cited as the ‘‘Water Effi- matter or materials that serves as the raw (B) are designed to use excess biomass ciency via Carbon Harvesting and Restora- material for the production of biochar and feedstock, such as trees killed by bark beetle tion (WECHAR) Act of 2009’’. bioenergy. infestations; SEC. 2. FINDINGS AND PURPOSE. (5) INVASIVE PLANT SPECIES.—The term (C) produce net negative carbon emissions (a) FINDINGS.—Congress finds that— ‘‘invasive plant species’’ means a species— relative to natural decomposition; (1) numerous expert reports have brought (A) that is nonnative to a specified eco- (D) can capture biochar and bioenergy pro- attention to the negative impacts caused by system; and duced for immediate energy needs or trans- invasive weed species, including the con- (B) the introduction to an ecosystem of port to market; and sumption of water in areas with diminishing which causes, or may cause, harm to— (2) to produce, not later than 2 years after supplies; (i) the economy; the date of securing a guaranteed loan under

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this section for the purposes described in sec- (1) pinyon pine and juniper feedstock in the (b) EXISTING TECHNOLOGY.— tion 7(a)(3), 2 biochar production units for Great Basin; (1) IN GENERAL.—Not later than 180 days deployment to remote landscapes. (2) tamarisk feedstock in the Mojave after enactment of this Act, the Secretary of (c) GUARANTEED LOAN PROGRAM.— Desert; or the Interior and the Secretary of Agriculture (1) IN GENERAL.—The Secretary concerned (3) excess biomass feedstock, such as trees shall prepare plans for carrying out 3-year may provide loan guarantees under this sec- killed by bark beetle infestations in the landscape restoration programs in various tion to an applicant if the biochar produc- Intermountain West. climates and ecosystems of the United tion units produced by the applicant will be (c) CRITERIA.—In selecting recipients of States to employ facilities constructed or dedicated primarily to contract restoration loan guarantees from among applicants, the acquired under section 6. work with the Bureau of Land Management, Secretary concerned shall give preference to (2) REQUIREMENTS.—In carrying out the National Park Service, or Forest Service, proposals that, as determined by the Sec- landscape restoration programs described in using— retary concerned— paragraph (1), the Secretary of the Interior (A) pinyon pine and juniper feedstock in (1) meet all applicable Federal and State and the Secretary of Agriculture shall carry the Great Basin; permitting requirements; out programs using invasive tamarisk in the (B) tamarisk feedstock in the Mojave (2) are most likely to be successful; and Mojave Desert, excess pinyon pine and juni- Desert; or (3) are located in local markets that have per biomass in the Great Basin, and bark (C) excess biomass feedstock, such as trees the greatest need for the facility due to— beetle-killed trees in the Intermountain killed by bark beetle infestations in the (A) identified high-priority landscape res- West. Intermountain West. toration needs; SEC. 8. APPLICATION AND MARKET RESEARCH. (2) CRITERIA.—In selecting recipients of (B) availability of sufficient quantities of (a) ATTRIBUTES.—Not later than 1 year loan guarantees from among applicants, the feedstocks described in subsection (b); or Secretary concerned shall give preference to after the date of enactment of this Act, the (C) a high level of demand for biochar or Secretary of Agriculture shall provide com- proposals that, as determined by the Sec- other commercial byproducts of the facility. retary concerned— petitive grants to conduct research and anal- (d) MATURITY.—A loan guaranteed under (A) meet all applicable Federal and State ysis that identifies— this section shall have a maturity of not (1) attributes and composition profiles of permitting requirements; more than 20 years. (B) are most likely to be successful; and biochar produced from different feedstocks (e) TERMS AND CONDITIONS.—The loan for use as soil amendments; and (C) are located in local markets that have agreement for a loan guaranteed under this the greatest need for the biochar production (2) attributes and composition profiles of section shall provide that no provision of the bioenergy produced from different feedstocks units due to— loan agreement may be amended or waived (i) identified high-priority landscape res- for use as fuel for transportation, heating, or without the consent of the Secretary con- other uses identified in subsection (b)(1). toration needs; cerned. (ii) availability of sufficient quantities of (b) MARKET DEVELOPMENT.—Not later than (f) GUARANTEE FEE.—The recipient of a feedstocks described in subsection (b); or 1 year after the date of enactment of this loan guarantee under this section shall pay Act, the Secretary of Agriculture, acting (iii) a high level of demand for biochar or the Secretary concerned a guarantee fee in other commercial byproducts of the biochar through the Director of the National Insti- an amount determined by the Secretary con- tute of Food and Agriculture, the Adminis- production units. cerned to be sufficient to cover the adminis- (3) MATURITY.—A loan guaranteed under trator of the Agricultural Research Service, trative costs of the Secretary concerned re- and the Administrator of the Agricultural this section shall have a maturity of not lating to the loan guarantee. more than 20 years. Marketing Service shall provide competitive (g) FULL FAITH AND CREDIT.— (4) TERMS AND CONDITIONS.—The loan grants to conduct research and analysis (1) IN GENERAL.—The full faith and credit that— agreement for a loan guaranteed under this of the United States is pledged to the pay- section shall provide that no provision of the (1) identifies potential uses and markets ment of all guarantees made by the Sec- for biochar and bioenergy; and loan agreement may be amended or waived retary concerned under this section. without the consent of the Secretary. (2) in the case of economic and life-cycle (2) EVIDENCE.—Any guarantee made by the (5) GUARANTEE FEE.—The recipient of a issues, analyzes— Secretary concerned under this section shall (A) the full production costs versus the loan guarantee under this section shall pay be conclusive evidence of the eligibility of to the Secretary concerned a guarantee fee economic benefits of biochar production sys- the loan for the guarantee with respect to tems; in an amount determined by the Secretary principal and interest. concerned to be sufficient to cover the ad- (B) the impact of the production and use of (3) VALIDITY.—The validity of any guar- biochar, including the performance of ministrative costs of the Secretary con- antee made by the Secretary concerned cerned relating to the loan guarantee. biochar in carbon sequestration programs; under this section shall be incontestable in and (6) FULL FAITH AND CREDIT.— the hands of a holder of the guaranteed loan. (A) IN GENERAL.—The full faith and credit (C) the availability of feedstocks and the (h) ANNUAL REPORTS.—Until the date on of the United States is pledged to the pay- efficiency of using those feedstock for which each guaranteed loan under this sec- biochar production as compared to other ment of all guarantees made by the Sec- tion has been repaid in full, each year the retary concerned under this section. biofuel-production systems. Secretary concerned shall submit to Con- (c) ENVIRONMENTAL REVIEW.—Not later (B) EVIDENCE.—Any guarantee made by the gress a report on the activities of the Sec- Secretary concerned under this section shall than 1 year after the date of enactment of retary concerned under this section during this Act, the Secretary of Agriculture shall be conclusive evidence of the eligibility of the preceding year. the loan for the guarantee with respect to provide competitive grants to conduct re- principal and interest. SEC. 7. DEPLOYMENT. search and analysis relating to— (C) VALIDITY.—The validity of any guar- (a) NEW TECHNOLOGY.— (1) the environmental benefits of biochar antee made by the Secretary concerned (1) IN GENERAL.—Not later than 2 years production and use, including— under this section shall be incontestable in after the date of enactment of this Act, the (A) the water savings resulting from reduc- the hands of a holder of the guaranteed loan. Secretary of the Interior and the Secretary ing populations of invasive or noxious plant (7) ANNUAL REPORTS.—Until the date on of Agriculture shall initiate 3-year programs species; which each guaranteed loan under this sec- to employ the biochar production units pro- (B) the potential of biochar production sys- tion has been repaid in full, each year the vided under section 5 in pilot applications in tems— Secretary concerned shall submit to Con- various climates and ecosystems of the (i) to reduce fertilizer use, nutrient leach- gress a report on the activities of the Sec- United States. ing, and run-off; and retary concerned under this section during (2) MOBILE UNITS.—In the case of biochar (ii) to reduce water pollution from feedlot the preceding year. production units developed or optimized runoff by capturing ammonia; and under section 5(a)— (C) the reduction in greenhouse gas emis- SEC. 6. EXISTING TECHNOLOGY. (A) the Director of the National Park Serv- sions resulting from the production and use (a) IN GENERAL.—The Secretary of the In- terior and the Secretary of Agriculture shall ice shall carry out initial programs using of related bioenergy; each establish a program to provide guaran- invasive tamarisk in the Mojave Desert as (2) the potential environmental impacts of tees of loans by private institutions for the feedstock; and biochar and bioenergy use, including— construction or acquisition of facilities for (B) the Director of the Bureau of Land (A) the potential toxicity and other ad- the production of biochar. Management shall carry out initial programs verse ecosystem effects resulting from (b) REQUIREMENT.—The Secretary con- using excess pinyon pine and juniper biomass biochar production or use of different cerned may provide a loan guarantee under in the Great Basin as feedstock. biochars, as identified under subsection this section to an applicant if facilities con- (3) FIXED UNITS.—In the case of biochar (a)(1); structed or acquired by the applicant will be production units developed or optimized (B) the characterization of combustion dedicated primarily to contract restoration under section 5(b), the Chief of the Forest products of bioenergy, as identified under work with the Bureau of Land Management, Service shall carry out the initial program subsection (a)(2), and the effects of those National Park Service, or Forest Service, using bark beetle-killed trees in the Inter- combustion products on air and water qual- using— mountain West. ity; and

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9850 CONGRESSIONAL RECORD — SENATE September 24, 2009 (C) impacts on human health and safety. I think we can go even further. The eral grants that lead to the creation of (d) DEVELOPMENT OF BIOCHAR IN LANDSCAPE high cost of textbooks continues to be a textbook or curriculum for use in the RESTORATION.—Not later than 1 year after a barrier for many students struggling classroom be licensed openly and made the date of enactment of this Act, the Sec- retary of Agriculture, acting through the Di- to pay for college. The College Board freely available to all educators for rector of the National Institute of Food and reported that for the 2007 to 2008 school their use. Agriculture and the Administrator of the year, students spent an estimated $805 Over the past decade, I have watched Agricultural Research Service, shall provide to $1,229 on books and supplies. A little textbook publishers use technology to competitive grants to research and analyze— over a year ago, the Higher Education drive up the cost of textbooks through (1) the potential uses of biochar in land- Opportunity Act was signed into law. unnecessary online supplements and scape restoration in different ecosystems and That law includes provisions that I au- CD–ROMs. It is time that we use the soil types; thored to increase transparency in col- potential of technology to improve col- (2) the relative benefits and potential ad- lege access, learning, and affordability verse effects of use of different biochars, as lege textbook pricing for professors and students. I hope that new law will help for all students. I believe the Open Col- identified under subsection (a)(1) in different lege Textbook Act that I am intro- western ecosystems and soil types; and decrease the high cost of textbooks (3) the safety and efficacy of different when these provisions are enacted next ducing today will accomplish that goal. methods of application. year, but there is more that the Fed- Mr. President, I ask unanimous con- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. eral Government can do to provide sent that the text of the bill be printed There are authorized to be appropriated to cheap alternatives to professors and in the RECORD. carry out sections 4 through 8, including for students. There being no objection, the text of the cost of grants and loan guarantees under The bill I am introducing today, the the bill was ordered to be printed in those sections, such sums as are necessary Open College Textbook Act, will create the RECORD, as follows: for each of fiscal years 2010 through 2016. a grant program for the creation of S. 1714 freely-available, online open college Be it enacted by the Senate and House of Rep- By Mr. DURBIN: resentatives of the United States of America in S. 1714. A bill to authorize grants for textbooks. Making high-quality open Congress assembled, the creation, update, or adaption of textbooks freely available to the gen- SECTION 1. SHORT TITLE. open textbooks, and for other purposes; eral public would significantly lower This Act may be cited as the ‘‘Open College to the Committee on Health, Edu- college textbook costs. Under my bill, Textbook Act of 2009’’. cation, Labor, and Pensions. the Secretary of Education would SEC. 2. FINDINGS. Mr. DURBIN. Mr. President, tech- award grants to colleges, professors, Congress finds the following: nology has transformed the way we nonprofit organizations or for-profit (1) The growth of the Internet has enabled work, the way we entertain ourselves, companies to create introductory-level the creation and sharing of open content, in- college textbooks. Once produced, cluding open educational resources. and the way we understand the world (2) The President has proposed a new, sig- around us. But one area of our lives these books would be posted on an eas- nificant Federal investment in the creation that has been more resistant to techno- ily-accessible website and made avail- of online open-source courses for community logical change has been the way we able to students, professors, and the colleges that will make learning more acces- educate our children. And yet I see tre- public for free. The result would be a sible, adaptable, and affordable for students. mendous potential in technology to im- set of high-quality college textbooks (3) The President has challenged the prove access to education and decrease that could be adopted in any introduc- United States with a goal of having the high- its often high costs. One example of tory course at any college in the coun- est college graduation rate in the world by try. This would be a limited invest- 2020. this is open educational resources. (4) More than 80 percent of the 23,000,000 Today, I am introducing a bill that will ment of Federal grant funding over jobs that will be created in the next 10 years provide a short-term federal invest- just a few years, not a permanent fed- will require postsecondary education, but ment in the development of one type of eral funding stream. The choice would only 36 percent of all 18- to 24-year olds are open educational resource—college ultimately still be the professor’s. currently enrolled in postsecondary edu- textbooks. I believe this investment Each professor could choose whether to cation. will improve learning in our college assign the open textbook to his class, (5) The high cost of college textbooks con- classrooms and help bring down the but I hope that he would seriously con- tinues to be a barrier for many students in cost of college for students. sider this high-quality, free online op- achieving higher education, and according to The growth of the Internet has en- the Advisory Committee on Student Finan- tion that would save his students $150 cial Assistance, 200,000 qualified students fail abled the creation and sharing of open or $200 each at the college bookstore. to enroll in college each year due to cost. content. A teacher or professor in Illi- Along with the clear cost benefits, (6) The College Board reported that for the nois can create a lecture, a lesson, a open textbooks can also improve teach- 2007–2008 academic year an average student book, or an entire curriculum and ing and learning. The content of an spent an estimated $805 to $1,229 on college share it online. A teacher across the open textbook can be adapted, supple- books and supplies. country or even across the world can mented, and personalized by professors (7) Making high quality open textbooks access that educational material, adapt for their course. Instead of framing a freely available to the general public could it, and use it in his or her classroom. course around a textbook, a professor significantly lower college textbook costs and increase accessibility to such education More and more often educators are uti- can modify an open textbook to fit the materials. lizing technology in this way to im- needs of a particular course or group of (8) Open textbooks can improve learning prove student learning. students. When professors take advan- and teaching by creating course materials The President recognizes the poten- tage of the flexibility and adaptability that are more flexible, adaptable, and acces- tial of this new technology. He has pro- of open textbooks, student learning im- sible through the use of technology. posed a significant new Federal invest- proves. SEC. 3. DEFINITIONS. ment in the creation of online open- The use of Federal funding for text- In this Act: source courses for community colleges. books and curricula is not new. For (1) DIRECTOR.—The term ‘‘Director’’ means These courses will be made freely years, the National Science Founda- the Director of the National Science Founda- tion. available online and widely distributed tion has been awarding grants to pro- (2) INSTITUTION OF HIGHER EDUCATION.—The so that all colleges can make use of fessors for research into the improve- term ‘‘institution of higher education’’ has them. I believe this initiative will help ment of learning in the classroom. the meaning given the term in section 101 of make higher education more accessible Sometimes these grants have resulted the Higher Education Act of 1965 (20 U.S.C. for students, especially non-traditional in the creation of textbooks, which the 1001). students or students living in rural author can then license for profit to a (3) OPEN LICENSE.—The term ‘‘open li- areas far away from brick-and-mortar commercial publisher. I believe text- cense’’ means an irrevocable intellectual institutions. Because the courses will books created with Federal funding property license that grants the public the right to access, customize, and distribute a be available for free, the initiative will should be made available for free so copyrighted material. also help bring down the high cost of a that all students and professors can (4) OPEN TEXTBOOK.—The term ‘‘open text- college education for students strug- benefit from our investment. This bill book’’ means a textbook or set of course ma- gling to pay. would also require that all future Fed- terials in electronic format designed for use

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9851 in a college course at an institution of high- (A) posted on an easily accessible and SUBMITTED RESOLUTIONS er education that is licensed under an open interoperable website, which site shall be license. identified to the Secretary by the eligible (5) SECRETARY.—The term ‘‘Secretary’’ entity; and SENATE RESOLUTION 285—SUP- means the Secretary of Education. (B) made available free of charge to, and PORTING THE GOALS AND SEC. 4. GRANT PROGRAM. may be downloaded, redistributed, changed, IDEALS OF NATIONAL CYBERSE- (a) GRANTS AUTHORIZED.—From the revised, or otherwise altered by, any member CURITY AWARENESS MONTH amounts appropriated under subsection (i), of the general public. AND RAISING AWARENESS AND the Secretary is authorized to award grants, (g) REVIEW PROCESS.—The Secretary shall ENHANCING THE STATE OF CY- on a competitive basis, to eligible entities to carry out the activities described in this sec- develop a peer review and evaluation process BERSECURITY IN THE UNITED tion, including creating, updating, or adapt- in consultation with the Director to ensure STATES ing open textbooks. The Secretary shall that open textbooks created, updated, or Mrs. FEINSTEIN (for herself, Mr. award grants in a manner that will result in adapted under this section are of the highest ROCKEFELLER, Mrs. GILLIBRAND, Mr. the creation of a comprehensive slate of high quality, accurate in content, and meet or ex- CARPER, Ms. MIKULSKI, Mr. LIEBERMAN, quality course materials for introductory ceed market quality and accessibility stand- Ms. COLLINS, Mr. REID, Mr. LEVIN, Mr. courses in a variety of subject areas. ards. BENNETT, Ms. SNOWE, Ms. LANDRIEU, (b) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ means— (h) REPORT.—Upon an eligible entity’s Mr. HATCH, Mr. BAYH, and Mr. (1) an institution of higher education; completion of a project supported under this VOINOVICH) submitted the following (2) a professor or group of professors at an section, the eligible entity shall prepare and resolution; which was referred to the institution of higher education; or submit a report to the Secretary regarding Committee on Commerce, Science, and (3) a nonprofit or for-profit organization all project costs, including the value of any Transportation: that produces open textbooks. volunteer labor and institutional capital S. RES. 285 (c) DURATION.—Grants awarded under this used for the project. Whereas the use of the Internet in the section shall be 1 year in duration. (i) AUTHORIZATION OF APPROPRIATIONS.— United States, to communicate, conduct (d) APPLICATIONS.— There are authorized to be appropriated business, or generate commerce that benefits (1) IN GENERAL.—Each eligible entity desir- the overall United States economy, is ubiq- $15,000,000 to carry out this section for fiscal ing a grant under this section shall submit uitous; an application to the Secretary at such time, year 2010 and such sums as are necessary for Whereas many people use the Internet in in such manner, and accompanied by such in- each of the 5 succeeding fiscal years. the United States to communicate with fam- formation as the Secretary may reasonably ily and friends, manage finances and pay require. SEC. 5. LICENSING MATERIALS WITH A FEDERAL CONNECTION. bills, access educational opportunities, shop (2) CONTENTS.—Each application submitted at home, participate in online entertainment under paragraph (1) shall include a descrip- (a) IN GENERAL.—Notwithstanding any and games, and stay informed of news and tion of the project to be completed with other provision of law, educational materials current events; grant funds and— such as curricula and textbooks created Whereas United States small businesses, (A) a plan for quality review and review of through grants distributed by Federal agen- which employ a significant fraction of the accuracy of content; cies, including the National Science Founda- private workforce, increasingly rely on the (B) a plan for access to ensure the widest tion, for use in elementary, secondary, or Internet to manage their businesses, expand possible availability of the digital version of postsecondary courses shall be licensed their customer reach, and enhance the man- the open textbook; agement of their supply chain; under an open license. (C) a plan for distribution and adoption of Whereas nearly all public schools in the the open textbook to ensure the widest pos- (b) ACCESSIBILITY.—The full and complete United States have Internet access to en- sible adoption of the open textbook in post- digital content of each of the materials cre- hance children’s education, with a signifi- secondary courses, including, where applica- ated as described in subsection (a) shall be— cant percentage of instructional rooms con- ble, a marketing plan or a plan to partner (1) posted on an easily accessible and inter- nected to the Internet to enhance children’s with for-profit or nonprofit organizations to operable website, which site shall be identi- education by providing access to educational assist in marketing and distribution; and fied to the Secretary by the grant recipient; online content and encouraging self-initia- (D) a plan for tracking and reporting for- and tive to discover research resources; mal adoptions of the open textbook within Whereas the number of children who con- (2) made available free of charge to, and postsecondary institutions, including an es- nect to the Internet continues to rise, and timate of the number of students impacted may be downloaded, redistributed, changed, teaching children of all ages to become good by the adoptions. revised, or otherwise altered by, any member cyber-citizens through safe, secure, and eth- (e) SPECIAL CONSIDERATION.—In awarding of the general public. ical online behaviors and practices is essen- grants under this section, the Secretary SEC. 6. SENSE OF CONGRESS. tial to protect their computer systems and shall give special consideration to applica- potentially their physical safety; tions that demonstrate the greatest poten- It is the sense of Congress that institutions Whereas the growth and popularity of so- tial to produce— of higher education should encourage the cial networking websites has attracted mil- (1) the highest quality and most market- consideration of open textbooks by profes- lions of teenagers, providing access to a able open textbooks; sors within the generally accepted principles range of valuable services, making it all the (2) open textbooks that correspond to the of academic freedom that established the more important to teach young users how to highest enrollment courses at institutions of right and responsibility of faculty members, avoid potential threats like cyber bullies, higher education; individually and collectively, to select predators, and identity thieves they may (3) open textbooks that are easily utilized course materials that are pedagogically come across while using such services; by faculty members at institutions of higher Whereas cybersecurity is a critical part of most appropriate for their classes. education; and the United States national security and eco- (4) open textbooks created in partnership SEC. 7. REPORT TO CONGRESS. nomic security; with for-profit or nonprofit organizations to Whereas the United States critical infra- assist in marketing and distribution. Not later than September 30, 2015, the Sec- structures and economy rely on the secure (f) USES OF GRANTS.— retary shall prepare and submit a report to and reliable operation of information net- (1) OPEN TEXTBOOKS.—An eligible entity the Committee on Health, Education, Labor, works to support the United States military, that receives a grant under this section and Pensions of the Senate and the Com- civilian government, energy, telecommuni- shall— mittee on Education and Labor of the House cations, financial services, transportation, (A) create a new open textbook for use in of Representatives detailing— health care, and emergency response sys- postsecondary coursework; (1) the open textbooks created, updated, or tems; (B) update an open textbook for use in adapted under this Act; Whereas Internet users and information in- postsecondary coursework; or (2) the adoption of such open textbooks; frastructure owners and operators face an in- (C) adapt a textbook into an open format and creasing threat of malicious crime and fraud for use in postsecondary coursework. (3) the savings generated for students, attacks through viruses, worms, Trojans, (2) LICENSE.—An open textbook created, States, and the Federal Government though and unwanted programs such as spyware, updated, or adapted under paragraph (1) shall the use of open textbooks. adware, hacking tools, and password steal- be licensed through an open license. ers, that are frequent and fast in propaga- (3) ACCESSIBILITY.—The full and complete tion, are costly to repair, and may disable digital content of each open textbook cre- entire systems; ated, updated, or adapted under paragraph Whereas millions of records containing (1) shall be— personally identifiable information have

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9852 CONGRESSIONAL RECORD — SENATE September 24, 2009 been lost, stolen, or breached, threatening Homeland Security, and other organi- at the end of May, but that strong first the security and financial well-being of zations working to improve cyber- step has been followed by a four-month United States citizens; security in the U.S. have designated delay in appointing a White House cy- Whereas consumers face significant finan- October as National Cyber Security bersecurity coordinator. Until this po- cial and personal privacy losses due to per- Awareness Month. sonally identifiable information being more sition is filled, it will be difficult to exposed to theft and fraud than ever before; Today, I am submitting a resolution have effective leadership and coordina- Whereas national organizations, policy- to officially designate National Cyber tion on governmental cybersecurity ef- makers, government agencies, private sector Security Awareness Month again this forts. October. companies, nonprofit institutions, schools, The Federal Government’s commu- academic organizations, consumers, and the The goal is to educate and empower media recognize the need to increase aware- Internet users to take simple steps to nication strategy concerning cyber- ness of cybersecurity and the need for en- safeguard themselves from the latest security must be improved as well. hanced cybersecurity in the United States; online threats and respond to cyber There should be a new plan on the best Whereas coordination between the numer- crime and to bring Federal agencies, way to communicate the national cy- ous Federal agencies involved in cybersecu- businesses, educational institutions, bersecurity policy to the public. rity efforts is essential to securing the cyber Though some elements must be classi- infrastructure of the United States; and other organizations together to en- courage development and implementa- fied, it is important that the American Whereas the National Strategy to Secure people understand the Government’s Cyberspace, published in February 2003, rec- tion of cybersecurity best practices. ommends a comprehensive national aware- Cybersecurity is a serious national basic role in helping to secure informa- ness program to empower all people in the security and economic security chal- tion networks. The general rules and United States, including businesses, the gen- lenge of great complexity, deserving of expectations for Government involve- eral workforce, and the general population, increased attention from the Congress. ment, and how these may affect pri- to secure their own parts of cyberspace; As the Senate prepares to consider im- vacy, must be clearly explained. Whereas the White House’s Cyberspace portant cybersecurity legislation to In addition, the Government must Policy Review, published in May 2009, rec- provide new authorities and clarify pri- ommends that the government initiate a na- consider that effective cybersecurity tional public awareness and education cam- vacy and legal issues, a few cyber-re- inside the U.S. will require stronger paign to promote cybersecurity; and lated observations and concerns can be diplomatic efforts and an international Whereas the National Cyber Security Alli- mentioned now. agreement on what will and will not be ance, the Multi-State Information Sharing First, I am troubled by the lack of tolerated in cyberspace. An inter- and Analysis Center, the Department of situational awareness on the opportu- national framework on cyber warfare, Homeland Security, and other organizations nities, activities, and identities of much like international conventions working to improve cybersecurity in the cyber thieves or potential attackers on United States have designated October 2009 on traditional warfare, is needed to U.S. information networks. This is a govern this rapidly growing field. as the sixth annual National Cybersecurity serious weakness and a source of frus- Awareness Month which serves to educate I also believe there should be a sig- the people of the United States about the im- tration for those responsible for over- sight and strategic decision-making. nificant emphasis on long-term issues portance of cybersecurity: Now, therefore, be such as cyber research and develop- it Unfortunately, it will not be easy to Resolved, That the Senate— remedy this because there are disincen- ment, recruiting cyber experts into (1) supports the goals and ideals of Na- tives to report cyber intrusions and government, and cyber education and tional Cybersecurity Awareness Month, as vulnerabilities in the U.S. Government training. In particular, recent studies designated by the National Cyber Security and private sector. This must change. sponsored by the Senate Select Com- Alliance, the Multi-State Information Shar- It must change quickly so that cyber- mittee on Intelligence have concluded ing and Analysis Center, the Department of that the Intelligence Community must Homeland Security, and other organizations security leaders can make well-in- formed decisions and respond to prob- dramatically increase funding for re- working to improve cybersecurity in the search and development in order for United States; lems in real time. (2) continues to work with Federal agen- Next, it is clear that cybersecurity our cyber defenses to be effective in cies, businesses, educational institutions, activities must be conducted with the future. and other organizations to enhance the state strong congressional oversight that The online world is moving quickly, of cybersecurity in the United States; and will demand thorough Executive with cutting-edge technology expertise (3) congratulates the National Cyber Secu- branch planning before billions of dol- spread across the globe, and the U.S. rity Alliance, the Multi-State Information lars are authorized and appropriated. cannot presume a clear-cut technology Sharing and Analysis Center, the Depart- In addition, there must be a rigorous ment of Homeland Security, and other orga- advantage as it has in other areas of nizations working to improve cybersecurity analysis of the government’s use of national security. I recommend a bal- in the United States on the sixth anniver- legal authorities for national cyberse- anced portfolio approach that includes sary of the National Cybersecurity Month curity missions that preserve the rea- a nationally coordinated program of during October 2009. sonable privacy expectations of Ameri- long-term, high-risk research aimed at Mrs. FEINSTEIN. Mr. President, cans. The government’s role must be revolutionary breakthroughs, sus- today I rise to submit, along with Sen- well-defined as its activities involving tained even when faced with near-term ators ROCKEFELLER, GILLIBRAND, CAR- the Internet evolve. I appreciate the budget pressures. I strongly support a PER, MIKULSKI, LIEBERMAN, COLLINS, White House’s effort to be transparent rebalancing of the Federal Govern- REID, LEVIN, BENNETT, SNOWE, and open with Congress on this issue ment’s Comprehensive National Cyber- LANDRIEU, HATCH, BAYH, and this year, and have high expectations security Initiative budget to address VOINOVICH, a resolution supporting Na- for continued healthy cooperation. these concerns. tional Cyber Security Awareness We need to have those entities with Month, which will be held next month. cybersecurity responsibilities collabo- Finally, as a step beyond the Com- We in the Congress are trying to rating across the Government. That prehensive National Cybersecurity Ini- make cybersecurity a priority issue, means homeland security, intelligence, tiative’s focus on securing Federal but much work remains to be done. A military, foreign policy, law enforce- Government information networks, I critical first step is to raise awareness ment, and other components involved am highly concerned about protecting and public understanding of the cyber in cybersecurity must be working to- the U.S. critical infrastructure. For ex- threat and steps that can be taken to gether. The President has begun, ample, the country’s electric power improve cybersecurity. This is true through his cybersecurity review ear- grid, communications systems, and fi- across Government and private indus- lier this year, to provide a clear vision, nancial infrastructure are all critical try, but the Government should play a strategic direction, and effective inte- to our way of life yet unacceptably vul- leadership role. gration of the wide range of cybersecu- nerable to cyber attack. The Govern- Each year for the last 5 years, the rity activities. However, more progress ment and the private sector must work National Cyber Security Alliance, the in this area is needed. together to share more effectively Multi-State Information Sharing and I was pleased when President Obama cyber threat and vulnerability infor- Analysis Center, the Department of made a major address on cybersecurity mation, and the administration and

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9853 the Congress must work together to de- Whereas the National Weather Service es- 1585), commonly known as the Hatch-Wax- termine the best mix of mandates, in- timated that between 15 and 22 inches of rain man Act, was signed into law by President centives, and other tools to improve fell in the metropolitan Atlanta counties of Ronald Reagan, at which time President critical infrastructure security. Gwinnett, Douglas, and Paulding between Reagan indicated that generic drugs might Fortunately, there is an increasing September 18 and September 21, 2009; save American consumers $1,000,000,000 over Whereas the rains broke a 130-year-old the next 10 years; level of interest and debate on cyberse- record at Hartsfield-Jackson International Whereas this landmark law created the curity issues in Congress and around Airport; regulatory mechanism under which the Food the country. The Senate Intelligence Whereas hundreds of Georgians were evac- and Drug Administration approves safe and Committee, which I have the privilege uated from their homes, and more than 300 affordable generic drugs; of chairing, has invested significant people sought refuge in shelters; Whereas each year for the past quarter time assessing the cyber threat to our Whereas Governor Perdue estimated that century, the generic pharmaceutical indus- country and potential Government re- more than 1,000 residences were seriously try has delivered billions of dollars in sav- sponses through the following initia- flooded; ings on the purchase of prescription drugs, tives: scores of personal meetings and Whereas the weather closed schools in sev- far exceeding the original estimate; staff briefings with government, pri- eral counties; Whereas a May 2009 report showed that Whereas as many as tens of thousands of during the preceding 10-year period, the use vate sector, academic, and nonprofit people were without power in metropolitan of generic drugs has saved the American thought-leaders; six cyber hearings in Atlanta; health care system more than $734,000,000,000, the last 2 years; four 6-month studies Whereas search and rescue operations func- with the most-recent annual average exceed- by the Committee’s Technical Advisory tioned in several counties where the water ing $121,000,000,000; Group; a new, balanced oversight sys- continued to rise; Whereas generic drugs accounted for more tem for federal government cybersecu- Whereas the Georgia Emergency Manage- than 72 percent of all prescription drugs dis- rity programs, as proposed in the fiscal ment Agency coordinated with local emer- pensed, yet accounted for only 17 percent of year 2010 intelligence authorization gency personnel and worked tirelessly to the spending on all prescription drugs, a dif- bill; and regular outreach to other con- protect human lives and rescue those threat- ferential that reflects the dramatically gressional committees. ened by the floods; lower prices paid for generic drugs, which I want to thank my distinguished Whereas the Georgia Emergency Manage- not only reduces consumer and taxpayer ment Agency facilitated requests for assist- spending but also increases patient access to colleagues, Senators ROCKEFELLER, ance from people and first responders all needed medicines; and GILLIBRAND, CARPER, MIKULSKI, across the State of Georgia; Whereas while the Hatch-Waxman Act does LIEBERMAN, COLLINS, REID, LEVIN, BEN- Whereas the Georgia Emergency Manage- not have an explicit pathway for approval by NETT, SNOWE, LANDRIEU, HATCH, ment Agency and other first responders the Food and Drug Administration of lower- VOINOVICH, and BAYH, for cosponsoring acted valiantly in life-safety response oper- priced versions of cutting-edge biologic this resolution and for their leadership ations, including delivering sandbags and medicines, which account for a rapidly grow- on this issue. I look forward to working rescuing people trapped in their cars and ing portion of prescription medicine spend- with them and other members of Con- homes from the floodwater; ing, the Act does provide a solid framework gress to improve our cybersecurity in Whereas the Federal Emergency Manage- for such a pathway: Now, therefore, be it ment Agency activated its national and re- Resolved, That it is the sense of Senate the future. gional response coordination centers and that— f worked closely with the State of Georgia to (1) enactment of the Hatch-Waxman Act (Public Law 98–417; 98 Stat. 1585) in 1984 SENATE RESOLUTION 286—EX- monitor the response efforts and identify and respond to any immediate emergency needs served to create the modern generic pharma- PRESSING CONDOLENCES TO THE for the people and communities of the State ceutical industry, which has provided con- FAMILIES OF THE INDIVIDUALS that were impacted by the devastating sumers with access to affordable drugs, KILLED DURING UNUSUAL floods; and yielding significant health and economic STORMS AND FLOODS IN THE Whereas volunteers gave their time to help benefits for the Nation’s health care system; STATE OF GEORGIA BETWEEN ensure that evacuees were sheltered, clothed, (2) Senator Orrin Hatch and Representa- SEPTEMBER 18 AND SEPTEMBER fed, and comforted through this traumatic tive Henry Waxman deserve the Nation’s 21, 2009, AND EXPRESSING GRATI- event: Now, therefore, be it gratitude for authoring and championing this landmark bipartisan legislation; and TUDE TO ALL OF THE EMER- Resolved, That the Senate— (1) offers its deepest sympathy and condo- (3) Congress should build on the work of GENCY PERSONNEL WHO CON- lences to the families of those who lost their these dedicated policymakers and enact leg- TINUE TO WORK WITH lives in the flooding in the State of Georgia; islation to create a pathway for approval by UNYIELDING DETERMINATION TO (2) expresses its condolences to the fami- the Food and Drug Administration of safe MEET THE NEEDS OF GEORGIA’S lies who lost their homes and other property and affordable generic versions of biologic RESIDENTS in the floods; medicines. Mr. ISAKSON (for himself and Mr. (3) expresses gratitude and appreciation to Mr. BROWN. Mr. President, I rise the people of the State of Georgia and the CHAMBLISS) submitted the following today to submit a resolution com- surrounding States, who worked to protect memorating the 25th Anniversary of resolution; which was considered and people from the rising floodwaters; agreed to: (4) expresses its support as the Federal the Drug Price Competition and Patent S. RES. 286 Emergency Management Agency responds to Term Restoration Act, more commonly Whereas beginning on September 18, 2009, the needs of the people and communities af- known as the Hatch-Waxman Act. the State of Georgia was hit by days of un- fected by the flooding; and This historic legislation—which was usually strong storms that resulted in (5) honors the emergency responders, with- signed into law exactly 25 years ago downpours and flooding; in and beyond metropolitan Atlanta and the today, on September 24, 1984—marked Whereas numerous Georgia rivers and State of Georgia, for their bravery and sac- the culmination of months of lengthy creeks, including the Chattooga and Chat- rifice during this tragedy. and often contentious debate over how tahoochee Rivers and the Chickamauga f to foster pharmaceutical innovation Creek, swollen by days of rain, overtopped while at the same time encouraging their banks, creating a dangerous and deadly SENATE RESOLUTION 287—HON- competition from affordable generic situation for nearby residents; ORING THE 25TH ANNIVERSARY Whereas the storms and floods took human prescription drugs. OF THE ENACTMENT OF THE Guided by my good friends and col- lives; DRUG PRICE COMPETITION AND leagues Representative HENRY WAXMAN Whereas the floodwater destroyed homes, PATENT TERM RESTORATION flooded roadways, including major highways, of California and Senator ORRIN HATCH compromised drinking water, severely dam- ACT OF 1984 (THE HATCH-WAX- of Utah, Congress delivered a bill that aged plumbing systems, and caused signifi- MAN ACT) struck the right balance between inno- cant damage to homes and businesses; Mr. BROWN submitted the following vation and access, and put in place a Whereas on September 21, 2009, Georgia resolution; which was referred to the new regulatory pathway to bring safe Governor Sonny Perdue declared a state of Committee on the Judiciary: emergency in 17 counties, including Carroll, and effective generic medicines to mar- Catoosa, Chattooga, Cherokee, Clayton, S. RES. 287 ket. Cobb, Crawford, DeKalb, Douglas, Forsyth, Whereas on September 24, 1984, the Drug I doubt that anyone involved in the Fulton, Gwinnett, Newton, Paulding, Price Competition and Patent Term Restora- passage of Hatch-Waxman could have Rockdale, Stephens, and Walker Counties; tion Act of 1984 (Public Law 98–417; 98 Stat. envisioned a quarter century ago the

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9854 CONGRESSIONAL RECORD — SENATE September 24, 2009 magnitude of savings and the signifi- tended to be proposed to the bill H.R. 2996, FUNDING LIMITATION cant boost to new drug innovation that making appropriations for the Department SEC. ll. None of the funds made available this bill has delivered. of the Interior, environment, and related by this Act may be obligated for the purpose According to a May 2009 report of agencies for the fiscal year ending Sep- of departments or agencies funded by this tember 30, 2010, and for other purposes; which IMS data, the use of FDA-approved ge- Act and lead by Senate-confirmed appointees was ordered to lie on the table. implementing policies of the Assistant to the neric medicines has saved the U.S. SA 2549. Mr. VITTER (for himself, Mr. President for Energy and Climate Change healthcare system approximately $734 GRASSLEY, Mr. BUNNING, Mr. ROBERTS, and (commonly known as the ‘‘White House Cli- billion over the past 10 years. Mr. BROWNBACK) submitted an amendment mate Change Czar’’). Moreover, patients around the world intended to be proposed by him to the bill can get needed medication that they H.R. 2996, supra. SA 2550. Ms. MURKOWSKI submitted would not be able to afford except for SA 2550. Ms. MURKOWSKI submitted an an amendment intended to be proposed amendment intended to be proposed to access to lower-cost generics. to amendment SA 2517 submitted by amendment SA 2517 submitted by Mrs. FEIN- At the same time, price competition Mrs. FEINSTEIN and intended to be pro- STEIN and intended to be proposed to the bill posed to the bill H.R. 2996, making ap- from generics has acted to spur a dra- H.R. 2996, supra; which was ordered to lie on matic increase in new drug research the table. propriations for the Department of the and development. SA 2551. Mrs. FEINSTEIN submitted an Interior, environment, and related In short, the Hatch-Waxman Act has amendment intended to be proposed to agencies for the fiscal year ending Sep- delivered above and beyond the in- amendment SA 2530 submitted by Ms. MUR- tember 30, 2010, and for other purposes; tended result. KOWSKI (for herself and Mr. THUNE) and in- which was ordered to lie on the table; tended to be proposed to the bill H.R. 2996, I urge my colleagues to view the suc- as follows: supra; which was ordered to lie on the table. Beginning on page 1, line 8, strike ‘‘green- cess of this landmark legislation as an SA 2552. Mr. THUNE submitted an amend- indicator of what we can accomplish in house gases’’ and all that follows through ment intended to be proposed to amendment page 2, line 7, and insert ‘‘carbon dioxide.’’. the field of biologic medicines. SA 2517 submitted by Mrs. FEINSTEIN and in- Biologics are the most promising tended to be proposed to the bill H.R. 2996, SA 2551. Mrs. FEINSTEIN submitted treatments available for diseases such supra; which was ordered to lie on the table. an amendment intended to be proposed as cancer, multiple sclerosis, and Alz- SA 2553. Mr. SCHUMER submitted an to amendment SA 2530 submitted to amendment intended to be proposed to heimer’s, but they are expensive, often Ms. MURKOWSKI (for herself and Mr. amendment SA 2513 submitted by Mr. SCHU- costing between $20,000 and $100,000 a MER and intended to be proposed to the bill THUNE) and intended to be proposed to year. H.R. 2996, supra; which was ordered to lie on the bill H.R. 2996, making appropria- There is no explicit pathway for Food the table. tions for the Department of the Inte- and Drug Administration approval of SA 2554. Mrs. FEINSTEIN submitted an rior, environment, and related agencies generic versions of these medicines amendment intended to be proposed to for the fiscal year ending September 30, under the Hatch-Waxman law; how- amendment SA 2511 proposed by Mr. COBURN 2010, and for other purposes; which was ever, there is bipartisan agreement to the bill H.R. 2996, supra; which was or- ordered to lie on the table; as follows: dered to lie on the table. Beginning on page 1, strike line 6 and all that we need to create one. To do that, SA 2555. Mr. JOHANNS submitted an that follows through the end of the amend- we need to focus on our goals and amendment intended to be proposed by him ment and insert the following: bridge our differences. to the bill H.R. 3326, making appropriations The time to do that is now. SEC. 201. None of the funds made available for the Department of Defense for the fiscal under this Act may be used to apply the per- Biologic drugs are the fast growing year ending September 30, 2010, and for other mit program under part C of title I, or under component of prescription drug spend- purposes; which was ordered to lie on the title V, of the Clean Air Act (42 U.S.C. 7440 et ing. table. seq., 7661 et seq.) to any stationary source, These drugs are expected to make up f on the basis of its emissions of greenhouse 50 percent of the pharmaceutical mar- TEXT OF AMENDMENTS gases, that— ketplace by 2020, but their high prices (1) is a farm, as the term is defined in sec- keep them out of reach for far too SA 2548. Mr. VITTER submitted an tion 6420(c)(2) of the Internal Revenue Code of 1986; or many patients and place an increas- amendment intended to be proposed to amendment SA 2440 submitted by Mr. (2) is not subject to the requirement to re- ingly heavy financial burden on con- port greenhouse gas emissions under the sumers, on businesses, and on tax- VITTER and intended to be proposed by him to the bill H.R. 2996, making ap- final Environmental Protection Agency rule payers. entitled ‘‘Mandatory Reporting of Green- In 2007, the top six biologics ac- propriations for the Department of the house Gases’’ and numbered 2060–A079. counted for more than $7 billion of the Interior, environment, and related nearly $17 billion in direct prescription agencies for the fiscal year ending Sep- SA 2552. Mr. THUNE submitted an drug spending by Medicare. tember 30, 2010, and for other purposes; amendment intended to be proposed to That figure will continue to grow, which was ordered to lie on the table; amendment SA 2517 submitted by Mrs. and the amount taxpayers pay depends as follows: FEINSTEIN and intended to be proposed on whether Medicare can access lower- In lieu of the matter proposed to be in- to the bill H.R. 2996, making appropria- priced biogenerics or is forced to pay serted, insert the following: tions for the Department of the Inte- brand-name prices year after year after FUNDING LIMITATION rior, environment, and related agencies year. SEC. 4ll. None of the funds made avail- for the fiscal year ending September 30, Biogenerics hold the promise of mak- able by this Act may be obligated for the 2010, and for other purposes; which was purpose of departments or agencies funded ordered to lie on the table; as follows: ing life-saving medicines available to by this Act and lead by Senate-confirmed ap- all patients at an affordable cost. In lieu of the matter proposed to be in- pointees implementing policies of the Assist- serted, insert the following: With the explosion in biologics, we ant to the President for Energy and Climate SEC. 423. PROHIBITION ON USE OF FUNDS. have a new generation of lifesaving Change (commonly known as the ‘‘White None of the funds made available under medicines—and a new opportunity to House Climate Change Czar’’). this Act may be used to apply the permit reprise the historic victory Senator program under part C of title I, or under ORRIN HATCH and Representative SA 2549. Mr. VITTER (for himself, title V, of the Clean Air Act (42 U.S.C. 7440 et HENRY WAXMAN achieved 25 years ago Mr. GRASSLEY, Mr. BUNNING, Mr. ROB- seq., 7661 et seq.) to any stationary source, today. ERTS and Mr. BROWNBACK) submitted on the basis of its emissions of greenhouse With biologic use and prices spiraling an amendment intended to be proposed gases, if— upward, we have no: time to lose. by him to the bill H.R. 2996, making ap- (1) the stationary source— propriations for the Department of the (A) is a farm, as the term is defined in sec- f Interior, environment, and related tion 6420(c)(2) of the Internal Revenue Code AMENDMENTS SUBMITTED AND agencies for the fiscal year ending Sep- of 1986; or PROPOSED (B) is not subject to the requirement to re- tember 30, 2010, and for other purposes; port greenhouse gas emissions under the SA 2548. Mr. VITTER submitted an amend- as follows: final Environmental Protection Agency rule ment intended to be proposed to amendment At the appropriate place, insert the fol- entitled ‘‘Mandatory Reporting of Green- SA 2440 submitted by Mr. VITTER and in- lowing: house Gases’’ and numbered 2060-A079; or

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9855 (2) the applicability of the program would (b) SUPPLEMENT NOT SUPPLANT.—The mittee Banking, Housing, and Urban result in an increase in electricity or gaso- amount made available by subsection (a) for Affairs be authorized to meet during line prices. the purpose specified in that subsection is in the session of the Senate on September addition to any other amounts made avail- SA 2553. Mr. SCHUMER submitted an able by this Act for that purpose. 24, 2009, at 9:30 a.m., to conduct a hear- ing entitled ‘‘Emergency Economic amendment intended to be proposed to f amendment SA 2513 submitted by Mr. Stabilization Act: One year later.’’ NOTICE OF HEARING SCHUMER and intended to be proposed The PRESIDING OFFICER. Without to the bill H.R. 2996, making appropria- COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. RESOURCES tions for the Department of the Inte- COMMITTEE ON FINANCE rior, environment, and related agencies Mr. BINGAMAN. Mr. President, I for the fiscal year ending September 30, would like to announce for the infor- Mrs. FEINSTEIN. Mr. President, I 2010, and for other purposes; which was mation of the Senate and the public ask unanimous consent that the Com- ordered to lie on the table; as follows: that a hearing has been scheduled be- mittee on Finance be authorized to fore the Subcommittee on Public On page 1, line 6 of the amendment, strike meet during the session of the Senate ‘‘shall use’’ and insert ‘‘may use up to’’. Lands and Forests. on September 24, 2009, at 9:30 a.m., in The hearing will be held on Thurs- room 216 of the Hart Senate Office SA 2554. Mrs. FEINSTEIN submitted day, October 8, 2009, at 2:30 p.m. in Building. room SD–366 of the Dirksen Senate Of- an amendment intended to be proposed The PRESIDING OFFICER. Without fice Building. to amendment SA 2511 proposed by Mr. objection, it is so ordered. COBURN to the bill H.R. 2996, making The purpose of the hearing is to re- appropriations for the Department of ceive testimony on the following bills: COMMITTEE ON THE JUDICIARY the Interior, environment, and related S. 522, to resolve the claims of the Bering Mrs. FEINSTEIN. Mr. President, I agencies for the fiscal year ending Sep- Straits Native Corporation and the State of Alaska to land adjacent to Salmon Lake in ask unanimous consent that the Com- tember 30, 2010, and for other purposes; the State of Alaska and to provide for the mittee on the Judiciary be authorized which was ordered to lie on the table; conveyance to the Bering Straits Native Cor- to meet during the session of the Sen- as follows: poration of certain other public land in par- ate, on September 24 2009, at 10 a.m., in In lieu of the matter proposed to be in- tial satisfaction of the land entitlement of SD–226 of the Dirksen Senate Office serted, insert the following: the Corporation under the Alaska Native Building, to conduct an executive busi- SEC. ll. PROHIBITION ON USE OF FUNDS FOR Claims Settlement Act; ness meeting. NO-BID CONTRACTS AND GRANTS. S. 865 and H.R. 1442, to provide for the sale (a) IN GENERAL.—Notwithstanding any of the Federal Government’s reversionary in- The PRESIDING OFFICER. Without other provision of this Act and subject to terest in approximately 60 acres of land in objection, it is so ordered. subsection (b), none of the funds appro- Salt Lake City, Utah, originally conveyed to SELECT COMMITTEE ON INTELLIGENCE priated or otherwise made available by this the Mount Olivet Cemetery Association Act may be— under the Act of January 23, 1909; Mrs. FEINSTEIN. Mr. President, I S. 881, to provide for the settlement of cer- (1) used to make any payment in connec- tain claims under the Alaska Native Claims ask unanimous consent that the Select tion with a contract not awarded using com- Settlement Act, and for other purposes; Committee on Intelligence be author- petitive procedures in accordance with the S. 940, to direct the Secretary of the Inte- ized to meet during the session of the requirements of section 303 of the Federal rior to convey to the Nevada System of Senate on September 24, 2009, at 2:30 Property and Administrative Services Act of Higher Education certain Federal land lo- p.m. 1949 (41 U.S.C. 253), section 2304 of title 10, cated in Clark and Nye counties, Nevada, United States Code, and the Federal Acquisi- and for other purposes; The PRESIDING OFFICER. Without tion Regulation; or S. 1272, to provide for the designation of objection, it is so ordered. (2) awarded by a grant not subject to the Devil’s Staircase Wilderness Area in the SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- merit-based competitive procedures, needs- State of Oregon, to designate segments of based criteria, and other procedures specifi- Wasson and Franklin Creeks in the State of AGEMENT, GOVERNMENT INFORMATION, FED- cally authorized by law to select the grantee Oregon as wild or recreation rivers, and for ERAL SERVICES, AND INTERNATIONAL SECU- or award recipient. other purposes; and RITY (b) LIMITATIONS.—The prohibition under S. 1689, to designate certain land as compo- Mrs. FEINSTEIN. Mr. President, I subsection (a), shall not apply to the award- nents of the National Wilderness Preserva- ask unanimous consent that the Com- ing of contracts or grants with respect to tion System and the National Landscape mittee on Homeland Security and Gov- which— Conservation System in the State of New (1) not more than 1 applicant submits a bid Mexico, and for other purposes. ernmental Affairs’ Subcommittee on for a contract or grant; Because of the limited time available Federal Financial Management, Gov- (2) Federal law specifically otherwise au- for the hearing, witnesses may testify ernment Information, Federal Serv- thorizes a grant or contract to be entered by invitation only. However, those ices, and International Security be au- into without regard for the laws, regula- wishing to submit written testimony thorized to meet during the session of tions, or requirements described in sub- the Senate on September 24, 2009, at section (a)(1), including formula grants for for the hearing record should send it to the Committee on Energy and Natural 10:30 a.m. to conduct a hearing enti- States; or tled, ‘‘Getting to Better Government: (3) Federal laws otherwise authorize Resources, United States Senate, grants, contracts, or compacts to federally Washington, DC 20510–6150, or by email Focusing on Performance’’. recognized Indian tribes or tribally owned to [email protected]. The PRESIDING OFFICER. Without businesses. For further information, please con- objection, it is so ordered. tact David Brooks at (202) 224–9863 or SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT SA 2555. Mr. JOHANNS submitted an Allison Seyferth at (202) 224–4905. amendment intended to be proposed by MANAGEMENT, THE FEDERAL WORKFORCE, him to the bill H.R. 3326, making ap- f AND THE DISTRICT OF COLUMBIA propriations for the Department of De- AUTHORITY FOR COMMITTEES TO Mrs. FEINSTEIN. Mr. President, I fense for the fiscal year ending Sep- MEET ask unanimous consent that the Com- tember 30, 2010, and for other purposes; COMMITTEE ON ARMED SERVICES mittee on Homeland Security and Gov- which was ordered to lie on the table; Mrs. FEINSTEIN. Mr. President, I ernment Affairs’s Subcommittee on as follows: ask unanimous consent that Com- Oversight of Government Management, At the appropriate place, insert the fol- mittee on Armed Services be author- the Federal Workforce, and the Dis- lowing: ized to meet during the session of the trict of Columbia be authorized to SEC. ll. (a) HIGH PRIORITY NATIONAL Senate on September 24, 2009, at 10 a.m. meet during the session of the Senate GUARD COUNTERDRUG PROGRAMS.—Of the The PRESIDING OFFICER. Without on September 24, 2009, at 2:30 p.m. to amount appropriated or otherwise made conduct a hearing entitled ‘‘A Review available by title VI under the heading objection, it is so ordered. ‘‘DRUG INTERDICTION AND COUNTER-DRUG AC- COMMITTEE ON BANKING, HOUSING, AND URBAN of U.S. Diplomatic Readiness: Address- TIVITIES, DEFENSE’’, up to $30,000,000 may be AFFAIRS ing the Staffing and Foreign Language available for the purpose of High Priority Mrs. FEINSTEIN. Mr. President, I Challenges Facing the Foreign Serv- National Guard Counterdrug Programs. ask unanimous consent that the Com- ice.’’

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9856 CONGRESSIONAL RECORD — SENATE September 24, 2009 The PRESIDING OFFICER. Without with groups like the Reserve Officers Mrs. BOXER. Mr. President, tonight objection, it is so ordered. Association, ROA, to ensure that the the Senate has approved a 3-month ex- f National Guard and Reserves have ac- tension of the FAA Reauthorization cess to more affordable health care, a Act. FISCAL YEAR 2010 FEDERAL AVIA- greater influence in the military, ade- While I understand the importance of TION ADMINISTRATION EXTEN- quate training facilities and supplies, passing a short-term extension of this SION ACT and shorter troop deployments in Iraq law, I am disappointed that the full Mr. REID. Mr. President, I ask unan- and Afghanistan. The National Guard Senate has yet to act on the FAA reau- imous consent that the Senate proceed and Reserves provide an invaluable thorization bill that was ordered re- to the consideration of H.R. 3607; that contribution to our Nation’s military, ported by the Senate Commerce Com- the bill be read the third time and our national security, and disaster re- mittee in July. That bill, the FAA Air passed; that the motion to reconsider lief efforts, and it is vital that we con- Transportation Modernization and be laid upon the table, and that any tinue to support their needs. Safety Improvement Act, includes long statements relating to the matter be The Reserve Officers Association has overdue legislation known as the Air- printed in the RECORD. provided a voice to the men and women line Passenger Bill of Rights. The PRESIDING OFFICER. Without that serve our country in the National Too often, airline passengers are objection, it is so ordered. Guard and Reserves. I am proud that trapped on airplanes without basic The bill (H.R. 3607) was ordered to be today the Senate has demonstrated its needs such as food, water, medicine, read a third time, was read the third support for the brave members of the working restrooms or proper cabin ven- time, and passed. National Guard and Reserves by pass- tilation. f ing this legislation. Just last month, passengers on a Mr. REID. Mr. President, I ask unan- flight from Houston to Minneapolis-St. RESERVE OFFICERS ASSOCIATION Paul were diverted to Rochester, MN, MODERNIZATION ACT OF 2009 imous consent that the bill be read the third time, passed, the motion to re- and forced to spend the night trapped Mr. REID. Mr. President, I ask unan- consider be laid upon the table, with no in a small commuter airplane. imous consent that the Senate proceed Two weeks later, a flight carrying intervening action or debate, and that to the consideration of Calendar No. more than 100 passengers bound for any statements relating to the matter 158, S. 1599. Minneapolis was forced to sit on the be printed in the RECORD. The PRESIDING OFFICER. The tarmac at JFK airport in New York for The PRESIDING OFFICER. Without clerk will report the bill by title. 6 hours before finally departing. The objection, it is so ordered. The legislative clerk read as follows: passengers, including parents traveling The bill (S. 1599) was ordered to be A bill (S. 1599) to amend title 36, United with infants, were forced to endure engrossed for a third reading, was read States Code, to include in the federal charter overflowing bathrooms and had no real the third time, and passed, as follows: of the Reserve Officers Association leader- food or water to speak of. ship positions newly added in its constitu- S. 1599 These are not isolated examples of a tion and bylaws. Be it enacted by the Senate and House of Rep- few airlines with ineffective policies. There being no objection, the Senate resentatives of the United States of America in USA Today recently reported that proceeded to consider the bill. Congress assembled, since January 2007, 200,000 domestic Mr. LEAHY. Mr. President, I am SECTION 1. SHORT TITLE. passengers on 3,000 flights have been pleased that today the Senate will pass This Act may be cited as the ‘‘Reserve Offi- stranded in airplanes on the tarmac for cers Association Modernization Act of 2009’’. the Reserve Officers Association Mod- 3 hours or more. ernization Act of 2009. I thank Senator SEC. 2. INCLUSION OF NEW LEADERSHIP POSI- TIONS IN THE FEDERAL CHARTER This is unacceptable. We must pass HAMBLISS RYOR C and Senator P , cospon- OF THE RESERVE OFFICERS ASSO- the Airline Passenger Bill of Rights sors of this legislation and chairs of CIATION. this year—before the 3-month exten- the U.S. Reserve Caucus, for their hard (a) NATIONAL EXECUTIVE COMMITTEE.—Sec- sion of the FAA reauthorization bill work and support of this legislation. tion 190104(b)(2) of title 36, United States expires. The Passenger Bill of Rights, This legislation makes several up- Code, is amended— which I have introduced with Senator (1) by inserting ‘‘the president elect,’’ after dates to the charter of the Reserve Of- OLYMPIA SNOWE, would require airlines ‘‘the president,’’; ficers Association, ROA, to more accu- to offer passengers the option of safely rately reflect the organization’s cur- (2) by inserting ‘‘a minimum of’’ before ‘‘3 national executive committee members,’’; leaving a plane they have boarded once rent operation. First, it adds the posi- and that plane has sat on the ground for 3 tion of ‘‘president elect’’ to its con- (3) by striking ‘‘except the executive direc- hours. stitution and bylaws. Additionally, tor,’’ and inserting ‘‘except the president Americans deserve a safe and effi- under the legislation, the national ex- elect and the executive director,’’. cient aviation system. We cannot af- ecutive committee is expanded to in- (b) OFFICERS.—Section 190104(c) of such ford to wait another year to pass long clude three representatives from each title is amended— overdue legislation that will make our of the seven branches of the uniformed (1) in paragraph (1)— skies safer and protect passengers from services. This bill makes the first (A) by inserting ‘‘a president elect,’’ after ‘‘a president,’’; excessive tarmac delays. No American changes to the ROA charter since 1998 (B) by inserting ‘‘a minimum of’’ before ‘‘3 should ever be forced to spend the and will enable ROA to continue its national executive committee members,’’; night in a plane on an airport tarmac. good work. (C) by striking ‘‘a surgeon, a chaplain, a We can prevent this and we must. Since its founding in 1922, the ROA historian, a public relations officer,’’; and I know the Senate is working to ad- has worked on behalf of the National (D) by striking ‘‘as decided at the national dress many important challenges at Guard and Reserves and their families. convention’’ and inserting ‘‘specified in the this time. But, we cannot lose sight of For over 85 years, ROA has remained constitution of the corporation’’; and the aviation challenges facing our (2) in paragraph (2)— committed to its original mission, to country. It is time for Congress to ‘‘support and promote the development (A) by inserting ‘‘and take office’’ after ‘‘be elected’’; and meet its responsibility to the flying and execution of a military policy for (B) by striking ‘‘and the national public re- public. the United States that will provide lations officer,’’ and inserting ‘‘the judge ad- f adequate National security.’’ The Re- vocate, and any other national officers speci- serve Officers Association represents fied in the constitution of the corporation,’’. GRANTING A FEDERAL CHARTER the Reserve components officers for the (c) VACANCIES.—Section 190104(d)(1) of such TO THE MILITARY OFFICERS AS- Army, Air Force, Navy, Marine Corps, title is amended by striking ‘‘president and SOCIATION OF AMERICA Coast Guard, the Air and Army Na- last past president,’’ and inserting ‘‘presi- Mr. REID. Mr. President, I ask unan- dent, president elect, and last past presi- imous consent that the Judiciary Com- tional Guard, Public Health Service, dent,’’. and the officers of the National Oce- (d) RECORDS AND INSPECTION.—Section mittee be discharged from further con- anic and Atmospheric Administration. 190109(a)(2) of such title is amended by strik- sideration of S. 832, and that the Sen- As chair of the Senate National ing ‘‘national council;’’ and inserting ‘‘other ate proceed to its immediate consider- Guard Caucus, I have worked closely national entities of the corporation;’’. ation.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9857 The PRESIDING OFFICER. Without ‘‘(8) to present and support legislative pro- which it is incorporated and each State in objection, it is so ordered. posals that provide for the fair and equitable which it carries on activities. The clerk will report. treatment of members of the Armed Forces, ‘‘§ 140410. Liability for acts of officers and The legislative clerk read as follows: including the National Guard and Reserves, agents military retirees, family members, sur- ‘‘The corporation is liable for any act of A bill (S. 832) to amend title 36, United vivors, and veterans; and any officer or agent of the corporation act- States Code, to grant a Federal charter to ‘‘(9) to encourage recruitment and appoint- ing within the scope of the authority of the the Military Officers Association of America, ment in the Armed Forces. and for other purposes. corporation. ‘‘§ 140403. Membership ‘‘§ 140411. Annual report There being no objection, the Senate ‘‘Eligibility for membership in the cor- proceed to consider the bill. poration, and the rights and privileges of ‘‘The corporation shall submit to Congress Mr. REID. Mr. President, I ask unan- members of the corporation, are as provided an annual report on the activities of the cor- imous consent that the bill be read the in the bylaws of the corporation. poration during the preceding fiscal year. The report shall be submitted at the same third time and passed, the motion to ‘‘§ 140404. Governing body reconsider be laid upon the table, and if time as the report of the audit required by ‘‘(a) BOARD OF DIRECTORS.—The composi- section 10101(b) of this title. The report may there are statements, I ask that they tion of the board of directors of the corpora- not be printed as a public document. be printed in the RECORD. tion, and the responsibilities of the board, ‘‘§ 140412. Definition The PRESIDING OFFICER. Without are as provided in the articles of incorpora- objection, it is so ordered. tion and bylaws of the corporation. ‘‘In this chapter, the term ‘State’ includes The bill (S. 832) was ordered to be en- ‘‘(b) OFFICERS.—The positions of officers of the District of Columbia and the territories and possessions of the United States.’’. grossed for a third reading, was read the corporation, and the election of the offi- cers, are as provided in the articles of incor- (b) CLERICAL AMENDMENT.—The table of the third time, and passed, as follows: poration and bylaws. chapters at the beginning of subtitle II of S. 832 ‘‘§ 140405. Powers title 36, United States Code, is amended by inserting after the item relating to chapter Be it enacted by the Senate and House of Rep- ‘‘The corporation has only those powers 1403 the following new item: resentatives of the United States of America in provided in its bylaws and articles of incor- Congress assembled, poration filed in each State in which it is in- ‘‘1404. Military Officers Associa- SECTION 1. GRANT OF FEDERAL CHARTER TO corporated. tion of America ...... 140401’’. MILITARY OFFICERS ASSOCIATION OF AMERICA. ‘‘§ 140406. Restrictions f (a) GRANT OF CHARTER.—Part B of subtitle ‘‘(a) STOCK AND DIVIDENDS.—The corpora- II of title 36, United States Code, is amended tion may not issue stock or declare or pay a MEASURES DISCHARGED by inserting after chapter 1403 the following dividend. Mr. REID. Mr. President, I ask unan- new chapter: ‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.— imous consent that the Environment The income or assets of the corporation may ‘‘CHAPTER 1404—MILITARY OFFICERS and Public Works Committee be dis- not inure to the benefit of, or be distributed ASSOCIATION OF AMERICA to, a director, officer, or member of the cor- charged from further consideration of ‘‘Sec. poration during the life of the charter grant- the following bills, all en bloc: H.R. ‘‘140401. Organization. ed by this chapter. This subsection does not 2913, H.R. 1687, H.R. 2053, H.R. 2498, and ‘‘140402. Purposes. prevent the payment of reasonable com- ‘‘140403. Membership. H.R. 2121; that the bills be read a third ‘‘140404. Governing body. pensation to an officer or employee of the time and passed, en bloc, with the mo- ‘‘140405. Powers. corporation or reimbursement for actual tions to reconsider laid upon the table. ‘‘140406. Restrictions. necessary expenses in amounts approved by The PRESIDING OFFICER. Without ‘‘140407. Tax-exempt status required as condi- the board of directors. objection, it is so ordered. tion of charter. ‘‘(c) LOANS.—The corporation may not ‘‘140408. Records and inspection. make a loan to a director, officer, employee, f ‘‘140409. Service of process. or member of the corporation. ‘‘140410. Liability for acts of officers and ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR SIDNEY M. ARONOVITZ UNITED agents. AUTHORITY.—The corporation may not claim STATES COURTHOUSE congressional approval or the authority of ‘‘140411. Annual report. The bill (H.R. 2913) was ordered to a ‘‘140412. Definition. the United States Government for any of its activities. third reading, was read the third time, ‘‘§ 140401. Organization ‘‘(e) CORPORATE STATUS.—The corporation and passed. ‘‘(a) FEDERAL CHARTER.—Military Officers shall maintain its status as a corporation in- f Association of America (in this chapter, the corporated under the laws of the Common- ‘corporation’), a nonprofit organization that wealth of Virginia. meets the requirements for a veterans serv- RALPH REGULA FEDERAL BUILD- ‘‘§ 140407. Tax-exempt status required as con- ice organization under section 501(c)(19) of ING AND UNITED STATES dition of charter the Internal Revenue Code of 1986 and is or- COURTHOUSE ganized under the laws of the Commonwealth ‘‘If the corporation fails to maintain its status as an organization exempt from tax- The bill (H.R. 1687) was ordered to a of Virginia, is a federally chartered corpora- third reading, was read the third time, tion. ation under the Internal Revenue Code of ‘‘(b) EXPIRATION OF CHARTER.—If the cor- 1986, the charter granted under this chapter and passed. shall terminate. poration does not comply with the provisions f of this chapter, the charter granted by sub- ‘‘§ 140408. Records and inspection section (a) shall expire. ‘‘(a) RECORDS.—The corporation shall ALBERT ARMENDARIZ, SR., ‘‘§ 140402. Purposes keep— UNITED STATES COURTHOUSE ‘‘(1) correct and complete records of ac- ‘‘(a) GENERAL.—The purposes of the cor- The bill (H.R. 2053) was ordered to a poration are as provided in its bylaws and ar- count; ‘‘(2) minutes of the proceedings of the third reading, was read the third time, ticles of incorporation and include— and passed. ‘‘(1) to inculcate and stimulate love of the members, board of directors, and committees United States and the flag; of the corporation having any of the author- f ‘‘(2) to defend the honor, integrity, and su- ity of the board of directors of the corpora- premacy of the Constitution of the United tion; and WILLIAM O. LIPINSKI FEDERAL States and the United States Government; ‘‘(3) at the principal office of the corpora- BUILDING tion, a record of the names and addresses of ‘‘(3) to advocate military forces adequate The bill (H.R. 2498) was ordered to a to the defense of the United States; the members of the corporation entitled to ‘‘(4) to foster the integrity and prestige of vote on matters relating to the corporation. third reading, was read the third time, the Armed Forces; ‘‘(b) INSPECTION.—A member entitled to and passed. vote on any matter relating to the corpora- ‘‘(5) to foster fraternal relations between f all branches of the various Armed Forces tion, or an agent or attorney of the member, from which members are drawn; may inspect the records of the corporation CONVEYANCE OF REAL PROPERTY for any proper purpose at any reasonable ‘‘(6) to further the education of children of IN GALVESTON, TEXAS members of the Armed Forces; time. ‘‘(7) to aid members of the Armed Forces ‘‘§ 140409. Service of process The bill (H.R. 2121) was ordered to a and their family members and survivors in ‘‘The corporation shall comply with the third reading, was read the third time, every proper and legitimate manner; law on service of process of each State in and passed.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9858 CONGRESSIONAL RECORD — SENATE September 24, 2009 CONDOLENCES TO THE FAMILIES national Airport. More than 30,000 peo- tahoochee Rivers and the Chickamauga OF THE INDIVIDUALS KILLED ple were without power in the metro Creek, swollen by days of rain, overtopped DURING UNUSUAL STORMS AND Atlanta area. The Red Cross sheltered their banks, creating a dangerous and deadly FLOODS IN GEORGIA hundreds rendered homeless by the situation for nearby residents; Whereas the storms and floods took human Mr. REID. Mr. President, I ask unan- floods. lives; imous consent that the Senate proceed However, the worst situations often Whereas the floodwater destroyed homes, to S. Res. 286. bring out the best in people. Local first flooded roadways, including major highways, The PRESIDING OFFICER. The responders and emergency personnel compromised drinking water, severely dam- clerk will report the resolution by worked tirelessly to protect lives and aged plumbing systems, and caused signifi- property and to rescue those trapped cant damage to homes and businesses; title. Whereas on September 21, 2009, Georgia The legislative clerk read as follows: by the waters. Their bravery and sac- rifice is exemplary. Governor Sonny Perdue declared a state of A resolution (S. Res. 286) expressing condo- emergency in 17 counties, including Carroll, lences to the families of the individuals Also, the Georgia Emergency Man- Catoosa, Chattooga, Cherokee, Clayton, killed during unusual storms and floods in agement Agency worked around the Cobb, Crawford, DeKalb, Douglas, Forsyth, the State of Georgia between September 18 clock to facilitate requests for assist- Fulton, Gwinnett, Newton, Paulding, and September 21, 2009, and expressing grati- ance. The Federal Emergency Manage- Rockdale, Stephens, and Walker Counties; tude to all of the emergency personnel who ment Agency worked closely with the Whereas the National Weather Service es- continue to work with unyielding determina- State to anticipate and respond to timated that between 15 and 22 inches of rain tion to meet the needs of Georgia’s residents. emergency needs, and countless volun- fell in the metropolitan Atlanta counties of There being no objection, the Senate teers gave time and energy to ensure Gwinnett, Douglas, and Paulding between September 18 and September 21, 2009; proceeded to consider the resolution. that evacuees were sheltered, clothed, Mr. CHAMBLISS. Mr. President, I Whereas the rains broke a 130-year-old fed, and comforted. They all have Geor- record at Hartsfield-Jackson International come to the floor with a heavy heart to gians’ and my personal deepest, most Airport; express condolences to those in my heartfelt gratitude. Whereas hundreds of Georgians were evac- home State of Georgia as well as others I would like to express my sympathy uated from their homes, and more than 300 across the southern part of our country to the families of those who have lost people sought refuge in shelters; who have been affected by the recent loved ones, homes, and livelihoods. To Whereas Governor Perdue estimated that more than 1,000 residences were seriously devastating floods. that end, Senator ISAKSON and I have It is hard to imagine that 1 year ago flooded; submitted this resolution, S. Res. 286, Whereas the weather closed schools in sev- we in Georgia were in the fourth year expressing condolences to those af- of extensive drought. Yet today across eral counties; fected and appreciation to emergency Whereas as many as tens of thousands of the metro Atlanta area and throughout responders and others who helped people were without power in metropolitan north Georgia, we have gone from a them. I urge my colleagues to support Atlanta; water crisis in the last couple of years the resolution tonight. Whereas search and rescue operations func- to rising waters that have transformed On September 21, Gov. Sonny Perdue tioned in several counties where the water neighborhoods into rivers, ballfields declared a state of emergency in 17 continued to rise; into lakes, and basements into dank Whereas the Georgia Emergency Manage- counties. I understand President ment Agency coordinated with local emer- pools. Rafts and kayaks have taken the Obama called Governor Perdue Tues- place of cars in streets. In many areas, gency personnel and worked tirelessly to day night to discuss the needs of Geor- protect human lives and rescue those threat- the only dry places are rooftops and gians and assured the Governor that ened by the floods; treetops. his request for Federal aid would re- Whereas the Georgia Emergency Manage- For 4 days and 4 nights, beginning ceive prompt attention. To that end, ment Agency facilitated requests for assist- September 18, water poured from the today we received notification that 4 of ance from people and first responders all sky in torrents, and rose from rivers, the 17 affected counties have been de- across the State of Georgia; creeks, and the saturated ground to Whereas the Georgia Emergency Manage- clared disaster areas by President ment Agency and other first responders claim lives and livelihoods, worldly Obama, and I am certain the others, possessions, and treasured memories in acted valiantly in life-safety response oper- when the processing is completed, will ations, including delivering sandbags and flooded basements, attics, driveways, likewise be declared disaster areas. rescuing people trapped in their cars and and fields. Tomorrow, Vice President BIDEN will homes from the floodwater; The Chattooga and Chattahoochee accompany Senator ISAKSON and my- Whereas the Federal Emergency Manage- Rivers and Chickamauga Creek, swol- self to Georgia to take a firsthand look ment Agency activated its national and re- len by days of rain, topped their banks, at what is going on. gional response coordination centers and with deadly results. The Chattahoo- worked closely with the State of Georgia to Mr. President, we are literally under- monitor the response efforts and identify and chee crested at 30 feet, some 15 feet water. Georgia and other parts of the above flood stage. respond to any immediate emergency needs Southeast need the assistance of the for the people and communities of the State Nearly 1,000 families have lost their Federal Government in this case, as that were impacted by the devastating homes to flooding they never expected well as the State government. To that floods; and to see in their lifetimes. Others found end, we are seeing the response in a Whereas volunteers gave their time to help their businesses submerged. Because very appropriate way. ensure that evacuees were sheltered, clothed, most are not in floodplains, they do Mr. REID. Mr. President, I ask unan- fed, and comforted through this traumatic not have flood insurance. Many have imous consent that the resolution be event: Now, therefore, be it lost everything they own during al- agreed to, the preamble be agreed to, Resolved, That the Senate— ready tough economic times. and the motions to reconsider be laid (1) offers its deepest sympathy and condo- lences to the families of those who lost their In addition to homes and businesses, upon the table. the rising waters destroyed roadways, lives in the flooding in the State of Georgia; The PRESIDING OFFICER. Without (2) expresses its condolences to the fami- swept away bridges, tainted drinking objection, it is so ordered. lies who lost their homes and other property water, and damaged sewer systems. It The resolution (S. Res. 286) was in the floods; will take months, if not years, to re- agreed to. (3) expresses gratitude and appreciation to pair the damage. The preamble was agreed to. the people of the State of Georgia and the Even more heart-wrenching is the The resolution, with its preamble, surrounding States, who worked to protect fact that nine Georgians and one resi- reads as follows: people from the rising floodwaters; dent of Alabama, just across the State (4) expresses its support as the Federal S. RES. 286 line, have perished in the rushing wa- Emergency Management Agency responds to ters. Whereas beginning on September 18, 2009, the needs of the people and communities af- the State of Georgia was hit by days of un- fected by the flooding; and When all was said and done, more usually strong storms that resulted in (5) honors the emergency responders, with- than 20 inches of rain fell on Georgia, downpours and flooding; in and beyond metropolitan Atlanta and the breaking a 130-year-old record at At- Whereas numerous Georgia rivers and State of Georgia, for their bravery and sac- lanta’s Hartsfield-Jackson Inter- creeks, including the Chattooga and Chat- rifice during this tragedy.

VerDate Nov 24 2008 05:48 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S24SE9.REC S24SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 24, 2009 CONGRESSIONAL RECORD — SENATE S9859 EXECUTIVE SESSION the third member of the freshman class NOMINATIONS to achieve this goal. These are individ- Executive nominations received by uals who preside over the Senate for the Senate: NOMINATION OF JONATHAN B. 100 hours. DEPARTMENT OF STATE JARVIS We have a tradition that those Sen- FREDERICK D. BARTON, OF MAINE, TO BE AN ALTER- Mr. REID. Mr. President, I ask unan- ators who devote so much time to pre- NATE REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY imous consent that the Senate proceed siding in the Senate are given what we OF THE UNITED NATIONS, DURING HIS TENURE OF SERV- to executive session to consider Cal- call a golden gavel. It is a very nice ICE AS REPRESENTATIVE OF THE UNITED STATES OF AMERICA ON THE ECONOMIC AND SOCIAL COUNCIL OF endar No. 406, the nomination of Jona- presentation, very nice keepsake, and THE UNITED NATIONS. than B. Jarvis to be Director of the Na- we will make that presentation at our BILL DELAHUNT, OF MASSACHUSETTS, TO BE A REP- RESENTATIVE OF THE UNITED STATES OF AMERICA TO tional Park Service; that immediately next caucus. I appreciate very much THE SIXTY-FOURTH SESSION OF THE GENERAL ASSEM- after reporting the nomination, the the work of TOM UDALL, devoting his BLY OF THE UNITED NATIONS. ELAINE SCHUSTER, OF FLORIDA, TO BE A REPRESENT- Senate proceed to vote on confirmation time to making sure the proceedings ATIVE OF THE UNITED STATES OF AMERICA TO THE of the nomination. on the floor are in keeping with the SIXTY-FOURTH SESSION OF THE GENERAL ASSEMBLY OF THE UNITED NATIONS. The PRESIDING OFFICER. The rules of the Senate, and we welcome CHRISTOPHER H. SMITH, OF NEW JERSEY, TO BE A REP- clerk will report the nomination. him to this most prestigious club—a RESENTATIVE OF THE UNITED STATES OF AMERICA TO THE SIXTY-FOURTH SESSION OF THE GENERAL ASSEM- The legislative clerk read the nomi- member of the golden gavel society. BLY OF THE UNITED NATIONS. nation of Jonathan B. Jarvis, of Cali- I believe the Presiding Officer is a MARY BURCE WARLICK, OF VIRGINIA, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- fornia, to be Director of the National member of the golden gavel society. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- Park Service. The PRESIDING OFFICER. The Sen- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF SERBIA. The PRESIDING OFFICER. The ator is correct. WELLINGTON E. WEBB, OF COLORADO, TO BE AN AL- question is, Will the Senate advise and Mr. REID. I ask the Presiding Offi- TERNATE REPRESENTATIVE OF THE UNITED STATES OF cer, were you the first to get it? In AMERICA TO THE SIXTY-FOURTH SESSION OF THE GEN- consent to the nomination of Jonathan ERAL ASSEMBLY OF THE UNITED NATIONS. B. Jarvis, of California, to be Director your capacity as a Senator from the JIDE J. ZEITLIN, OF NEW YORK, TO BE REPRESENTA- State of Alaska, what is the answer? TIVE OF THE UNITED STATES OF AMERICA TO THE of the National Park Service? UNITED NATIONS FOR U.N. MANAGEMENT AND REFORM, The nomination was confirmed. The PRESIDING OFFICER. In my WITH THE RANK OF AMBASSADOR. capacity as a Senator from the State of JIDE J. ZEITLIN, OF NEW YORK, TO BE ALTERNATE Mr. REID. I move to reconsider the REPRESENTATIVE OF THE UNITED STATES OF AMERICA vote, and I move to lay that motion on Alaska, the answer is yes. TO THE SESSIONS OF THE GENERAL ASSEMBLY OF THE Mr. REID. It was a close battle, but UNITED NATIONS DURING HIS TENURE OF SERVICE AS the table. REPRESENTATIVE OF THE UNITED STATES OF AMERICA The motion to lay on the table was you won. TO THE UNITED NATIONS FOR U.N. MANAGEMENT AND REFORM. agreed to. f EXECUTIVE OFFICE OF THE PRESIDENT Mr. President, I ask unanimous con- ORDERS FOR FRIDAY, SEPTEMBER ISLAM A. SIDDIQUI, OF VIRGINIA, TO BE CHIEF AGRI- sent that the President be immediately 25, 2009 CULTURAL NEGOTIATOR , OFFICE OF THE UNITED notified of the Senate’s action, and STATES TRADE REPRESENTATIVE, WITH THE RANK OF that any statements relating to the Mr. REID. Mr. President, I ask unan- AMBASSADOR, VICE RICHARD T. CROWDER. imous consent that when the Senate FOREIGN SERVICE nomination be printed in the RECORD. The PRESIDING OFFICER. Without completes its business today, it ad- THE FOLLOWING-NAMED CAREER MEMBERS OF THE journ until tomorrow morning at 9:30 SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF objection, it is so ordered. STATE FOR PROMOTION INTO AND WITHIN THE SENIOR a.m., Friday, September 25; that fol- FOREIGN SERVICE TO THE CLASSES INDICATED: f lowing the prayer and pledge, the Jour- CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, CLASS OF CAREER NOMINATION DISCHARGED nal of proceedings be approved to date, MINISTER: the morning hour be deemed expired, Mr. REID. Mr. President, I ask unan- CHRISTOPHER WILLIAM DELL, OF NEW JERSEY the time for the two leaders be re- STEPHEN DONALD MULL, OF VIRGINIA imous consent that the Committee on DAVID DUANE PEARCE, OF VIRGINIA served for their use later in the day, Homeland Security and Governmental MICHAEL E. RANNEBERGER, OF VIRGINIA and the Senate then resume consider- MARCIE BERMAN RIES, OF VIRGINIA Affairs be discharged of PN704 and that ation of H.R. 3326, the Defense appro- CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, the Senate then proceed to the nomina- priations bill. CLASS OF MINISTER COUNSELOR: tion; that the nomination be confirmed The PRESIDING OFFICER. Without GINA ABERCROMBIE-WINSTANLEY, OF OHIO and the motion to reconsider be laid LUIS E. ARREAGA-RODAS, OF VIRGINIA objection, it is so ordered. ERGIBE A. BOYD, OF FLORIDA upon the table; that no further motions SAMUEL VINCENT BROCK, OF FLORIDA be in order; that the President be im- f DOLORES MARIE BROWN, OF VIRGINIA SUE KATHERINE BROWN, OF VIRGINIA mediately notified of the Senate’s ac- PROGRAM LEE A. BRUDVIG, OF CALIFORNIA tion and the Senate return to legisla- DAVID RAYMON BURNETT, OF WASHINGTON Mr. REID. As I announced earlier to- PHILLIP CARTER III, OF VIRGINIA tive session, and that any statements night, Mr. President, there will be no LINDA CAROL CHEATHAM, OF TEXAS relating thereto be printed in the MAURA CONNELLY, OF NEW JERSEY rollcall votes during Friday’s session of J. THOMAS DOUGHERTY, OF WYOMING ECORD R . the Senate. On Monday, which is Yom GORDON K. DUGUID, OF ILLINOIS The PRESIDING OFFICER. Without PHILIP HUGHES EGGER, OF TENNESSEE Kippur, the most significant and high- JAMES F. ENTWISTLE, OF VIRGINIA objection, it is so ordered. est Holy Day of those of the Jewish KAARA NICOLE ETTESVOLD, OF NEW YORK The nomination considered and con- KENNETH J. FAIRFAX, OF CALIFORNIA faith, we will not be in session. There- MICHAEL GFOELLER, OF VIRGINIA firmed is as follows: fore, the next vote will occur around ROBERT GOLDBERG, OF MARYLAND SMALL BUSINESS ADMINISTRATION ALAN ERIC GREENFIELD, OF MAINE 5:30 p.m., Tuesday, September 29. DEAN J. HAAS, OF CALIFORNIA Peggy E. Gustafson, of Illinois, to be In- As a reminder to all Senators, Paul JOHN ASHWOOD HEFFERN, OF VIRGINIA spector General, Small Business Administra- Kirk will be sworn in as the new Sen- MARY E. HICKEY, OF CALIFORNIA tion. MICHAEL J. HURLEY, OF WASHINGTON ator from the State of Massachusetts, AMY JANE HYATT, OF CALIFORNIA JASON P. HYLAND, OF VIRGINIA f replacing Senator Kennedy. That will JAMES J. KENNEY, JR., OF FLORIDA be at 3:30 tomorrow afternoon. THOMAS M. LEARY, OF FLORIDA LEGISLATIVE SESSION CHRISTOPHER W. MURRAY, OF THE DISTRICT OF COLUM- f BIA The PRESIDING OFFICER. Under JEFFRY R. OLESEN, OF FLORIDA the previous order, the Senate will re- ADJOURNMENT UNTIL 9:30 A.M. RICHARD GUSTAVE OLSON, JR., OF NEW MEXICO TOMORROW ANDREW CHARLES PARKER, OF VIRGINIA turn to legislative session. MICHAEL P. PELLETIER, OF MAINE Mr. REID. Mr. President, if there is TERRI LOUISE ROBL, OF MARYLAND f DONNA J. ROGINSKI, OF TEXAS no further business to come before the CHARLES H. ROSENFARB, OF WASHINGTON GOLDEN GAVEL AWARD Senate, I ask unanimous consent that WAYNE STEVEN SALISBURY, OF WASHINGTON DAVID BRUCE SHEAR, OF NEW YORK Mr. REID. Mr. President, earlier the Senate stand adjourned under the MARC J. SIEVERS, OF VIRGINIA today—actually, at 1:43 p.m. today— previous order. DOUGLAS A. SILLIMAN, OF TEXAS GENTRY O. SMITH, OF VIRGINIA Senator TOM UDALL, the Senator from There being no objection, the Senate, JULIA REEVES STANLEY, OF NEW YORK New Mexico, joined the 100-hour pre- at 7:12 p.m., adjourned until Friday, JAMES C. SWAN, OF CALIFORNIA W. STUART SYMINGTON IV, OF MISSOURI siding club of the 111th Congress. He is September 25, 2009, at 9:30 a.m. SAMUEL B. THIELMAN, OF VIRGINIA

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MATTHEW HEYWOOD TUELLER, OF UTAH MAKILA JAMES, OF NEW YORK CHRISTOPHER F. FLYNN, OF TEXAS KRISHNA R. URS, OF TEXAS KATHY A. JOHNSON CASARES, OF TEXAS CAROL E. GALLO, OF FLORIDA VIVIAN S. WALKER, OF CALIFORNIA KELLY ANN KEIDERLING FRANZ, OF CALIFORNIA MARY A. GRAY, OF FLORIDA ROBERT SHIAO WANG, OF CALIFORNIA GLEN C. KEISER, OF CALIFORNIA KELII J. GURFIELD, OF WASHINGTON JAMES L. WILLIAMS, OF FLORIDA DONALD WILLIAM KORAN, OF CALIFORNIA CHRISTINE L. HUGHES, OF FLORIDA KARL E. WYCOFF, OF CALIFORNIA PATRICIA A. LACINA, OF CALIFORNIA PAUL C. ISAAC, OF TEXAS SAMUEL CLARK LAEUCHLI, OF ARIZONA ARDESHIR F. KANGA, OF MARYLAND THE FOLLOWING-NAMED CAREER MEMBERS OF THE SUZANNE I. LAWRENCE, OF ARIZONA FREDRICK J. KETCHEM, OF FLORIDA FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR THOMAS H. LLOYD, OF VIRGINIA JAMES D. LEMARIE, OF VIRGINIA FOREIGN SERVICE, AS INDICATED: JEFFREY SCOTT MYERS, OF VIRGINIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE EDWARD LOO, OF CALIFORNIA ALMA REBECA PABST, OF CALIFORNIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- DONALD LU, OF CALIFORNIA CHARLES RALPH SHUSTER, OF PENNSYLVANIA SELOR: BARBARA J. MARTIN, OF MARYLAND MICHAEL MCCARTHY, OF VIRGINIA MARK J. STEAKLEY, OF FLORIDA KARL PHILIP ALBRECHT, OF VIRGINIA JENNIFER ALLYN MCINTYRE, OF THE DISTRICT OF CO- CAROLYN PATRICIA ALSUP, OF FLORIDA LUMBIA f MARJORIE ANN AMES, OF FLORIDA JUDITH A. MOON, OF VIRGINIA THEODORE HOWARD ANDREWS, OF CALIFORNIA DONALD LEROY MOORE, OF FLORIDA KRISTEN F. BAUER, OF MASSACHUSETTS JOHN G. MORAN, OF VIRGINIA DISCHARGED NOMINATION LORA BERG, OF THE DISTRICT OF COLUMBIA SEAN MURPHY, OF VIRGINIA JENNIFER L. BRUSH, OF VERMONT JEROME JOHN OETGEN, OF PENNSYLVANIA The Senate Committee on Homeland MICHAEL BARRY CHANG, OF CALIFORNIA HILARY S. OLSIN-WINDECKER, OF VIRGINIA Security and Governmental Affairs was TODD CRAWFORD CHAPMAN, OF TEXAS PAUL B. PATIN, OF VIRGINIA SANDRA ELIANE CLARK, OF PENNSYLVANIA JOSEPH S. PENNINGTON, OF VIRGINIA discharged from further consideration SUSAN R. CRYSTAL, OF PENNSYLVANIA CHARISSE MELANIE PHILLIPS, OF FLORIDA SYLVIA REED CURRAN, OF ALASKA of the following nomination by unani- NECIA LEANNE QUAST, OF WASHINGTON BRYAN W. DALTON, OF CALIFORNIA HELEN PATRICIA REED-ROWE, OF MARYLAND mous consent and the nomination was KATHERINE SIMONDS DHANANI, OF THE DISTRICT OF CO- GARACE A. REYNARD, OF TEXAS LUMBIA confirmed: SANDRALEE M. ROBINSON, OF IOWA KATHLEEN A. DOHERTY, OF NEW YORK THOMAS G. ROGAN, OF NEW HAMPSHIRE PEGGY E. GUSTAFSON, OF ILLINOIS, TO BE INSPECTOR THOMAS J. DOWLING, OF VIRGINIA GENERAL, SMALL BUSINESS ADMINISTRATION. JOANNE EDWARDS, OF CALIFORNIA DAVID SIEFKIN, OF CALIFORNIA DARNALL C. STEUART, OF VIRGINIA JAMES R. ELLICKSON-BROWN, OF OREGON f CHRISTOPHER FITZGERALD, OF FLORIDA ERIC W. STROMAYER, OF VIRGINIA MARK A. GOODFRIEND, OF CALIFORNIA MARY JANE TEIRLYNCK, OF CALIFORNIA WILLIAM KEVIN GRANT, OF VIRGINIA DAPHNE M. TITUS, OF CALIFORNIA CONFIRMATIONS PETER DAVID HAAS, OF FLORIDA MICHAEL STEPHEN TULLEY, OF CALIFORNIA ANNE HALL, OF MAINE DAVID A. TYLER, OF NEW HAMPSHIRE Executive nominations confirmed by MICHAEL A. HAMMER, OF MARYLAND RICHARD CHARLES WESTON, OF VIRGINIA the Senate; Thursday, September 24, DENNIS B. HANKINS, OF VIRGINIA SHARON NANCY WHITE, OF CONNECTICUT MATTHEW TRACY HARRINGTON, OF CALIFORNIA KAREN L. WILLIAMS, OF MISSOURI 2009: JENNIFER CONN HASKELL, OF FLORIDA PAUL DASHNER WOHLERS, OF WASHINGTON DONALD L. HEFLIN, OF VIRGINIA TIMOTHY P. ZUNIGA-BROWN, OF NEVADA DEPARTMENT OF THE INTERIOR CHRISTOPHER PAUL HENZEL, OF NEW YORK CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, JONATHAN B. JARVIS, OF CALIFORNIA, TO BE DIREC- LEO J. HESSION, JR., OF CALIFORNIA CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND TOR OF THE NATIONAL PARK SERVICE. CATHERINE M. HILL-HERNDON, OF PENNSYLVANIA SECRETARIES IN THE DIPLOMATIC SERVICE OF THE THE ABOVE NOMINATION WAS APPROVED SUBJECT TO THOMAS MARK HODGES, OF TENNESSEE UNITED STATES OF AMERICA: JACQUELINE KAY HOLLAND-CRAIG, OF IDAHO THE NOMINEE’S COMMITMENT TO RESPOND TO RE- PERRY L. HOLLOWAY, OF SOUTH CAROLINA STANLEY H. BENNETT, OF MINNESOTA QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY JOHN F. HOOVER, OF VIRGINIA JEFFREY C. BREED, OF NEW HAMPSHIRE CONSTITUTED COMMITTEE OF THE SENATE. ELIZABETH ANN HOPKINS, OF THE DISTRICT OF COLUM- MARK J. COHEN, OF TEXAS SMALL BUSINESS ADMINISTRATION BIA PETER W. DREW, OF MASSACHUSETTS THOMAS J. HUSHEK, OF THE DISTRICT OF COLUMBIA JOHN MARTIN EUSTACE, JR., OF VIRGINIA PEGGY E. GUSTAFSON, OF ILLINOIS, TO BE INSPECTOR DONALD EMIL JACOBSON, OF VIRGINIA MARILYN CLAIRE FERDINAND, OF VIRGINIA GENERAL, SMALL BUSINESS ADMINISTRATION.

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