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

Vol. 156 WASHINGTON, THURSDAY, SEPTEMBER 23, 2010 No. 129 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, until 10:30 this morning, with Senators called to order by the Honorable PRESIDENT PRO TEMPORE, permitted to speak for up to 10 minutes KIRSTEN GILLIBRAND, a Senator from Washington, DC, September 23, 2010. each, with the Republicans controlling the State of New York. To the Senate: the first half and the majority control- Under the provisions of Rule I, paragraph 3, of the Standing Rules of the Senate, I ling the second half. PRAYER At 10:30 a.m., the Senate will con- hereby appoint the Honorable KIRSTEN The PRESIDING OFFICER. Today’s GILLIBRAND, a Senator from the State of New sider the motion to proceed to S.J. Res. opening prayer will be offered by Rev- York, to perform the duties of the Chair. 30, which is a joint resolution of dis- erend Dr. Joel Hunter, senior pastor of DANIEL K. INOUYE, approval regarding the National Medi- Northland Church, Longwood, FL. President pro tempore. ation Board. Under the time agreement The guest Chaplain offered the fol- Mrs. GILLIBRAND thereupon as- previously reached, there is 2 hours of lowing prayer: sumed the chair as Acting President debate equally divided, so the vote on Let us pray. pro tempore. the motion to proceed to the joint reso- Almighty God, we give You thanks lution is expected to occur around 12:30 for our democracy that gives each cit- f p.m. today. izen a voice; for our freedom of religion RECOGNITION OF THE MAJORITY Upon disposition of the joint resolu- that gives each citizen a choice; and for LEADER tion of disapproval, the Senate will turn to the consideration of the motion our goal of e pluribus unum that gives The ACTING PRESIDENT pro tem- to proceed to S. 3628, the DISCLOSE each citizen a responsibility of co- pore. The majority leader is recog- Act. A cloture vote on the motion to operation. nized. We ask that You would bridle our proceed will occur at 2:15 p.m. tongues toward constructive speech, f f that You would help all herein to live MEASURE PLACED ON THE RECOGNITION OF THE MINORITY up to the stature and privilege of lead- CALENDAR—S. 3827 LEADER ership, and that You would grant all herein wisdom and courage beyond Mr. REID. Madam President, it is my The ACTING PRESIDENT pro tem- their natural abilities and their party’s understanding that S. 3827 is at the pore. The Republican leader is recog- limitations. desk and is due for a second reading. nized. Bless each of our Senators for their The ACTING PRESIDENT pro tem- f pore. The clerk will report the bill by efforts on behalf of us all, and make THE DISCLOSE ACT them servants of the people of the title. Mr. MCCONNELL. Madam President, United States of America and of Your The bill clerk read as follows: we are now in day 2 of debate regarding intentions for this great country. A bill (S. 3827) to amend the Illegal Immi- the DISCLOSE Act—2 more days Sen- In Your Name we pray. Amen. gration Reform and Immigrant Responsi- bility Act of 1996 to permit States to deter- ate Democrats have chosen to ignore f mine State residency for higher education the jobs of the American people in an PLEDGE OF ALLEGIANCE purposes and to authorize the cancellation of effort to save their own job. removal and adjustment of status of certain Americans are speaking out, but The Honorable KIRSTEN GILLIBRAND alien students who are long-term United led the Pledge of Allegiance, as follows: Democrats in Congress still aren’t lis- States residents and who entered the United tening. At a time when Americans are I pledge allegiance to the Flag of the States as children, and for other purposes. clamoring for Democrats in Congress United States of America, and to the Repub- Mr. REID. Madam President, I object lic for which it stands, one nation under God, to do something about jobs and the indivisible, with liberty and justice for all. to any further proceedings with respect economy, Democrats are not only turn- to the bill. f ing a deaf ear, they are spending 2 full The ACTING PRESIDENT pro tem- days here working to silence the voices APPOINTMENT OF ACTING pore. Objection is heard. The bill will of even more people with a bill that PRESIDENT PRO TEMPORE be placed on the calendar. picks and chooses who has a right to The PRESIDING OFFICER. The f political speech. This is precisely why clerk will please read a communication Americans are speaking out loudly— to the Senate from the President pro SCHEDULE loudly—about the excesses of this ad- tempore (Mr. INOUYE). Mr. REID. Madam President, fol- ministration and this Congress. This is The bill clerk read the following let- lowing leader remarks, the Senate will why Senate Republicans strongly sup- ter: proceed to a period of morning business port the efforts Republicans in the

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

S7367

.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7368 CONGRESSIONAL RECORD — SENATE September 23, 2010 House will unveil later this morning in And in what may turn out to be the through that center door under that Virginia. most thoroughly discredited pledge arch inscribed with ‘‘In God We Trust,’’ The proposals House Republicans will about this bill, the President and other we all stood silently at our seats as our put forward today are clear proof that, Democratic leaders assured their col- Chaplain, Admiral Black, gave a prayer unlike Democrats in Washington, Re- leagues that Americans would come to over the flag-draped coffin of our de- publicans have been listening intently like the health spending bill once it parted colleague, Senator Byrd. Each to Americans over the past year and a passed—they would come to like it. As of us stood silently in reverence and half. Americans have been telling us for that claim, well, I think Politico recognition not only of a fallen col- they want us to focus on jobs first, put it best this morning: league but in recognition of a supreme fight wasteful Washington spending, Rarely have so many strategists been so Deity. And so it is that that tradition repeal and replace the health spending wrong about something so big. continues. And it continues with my bill, and shrink an exploding deficit. Rarely—rarely—have so many strate- friend, the Reverend Dr. Joe Hunter They have been telling us they want a gists been so wrong about something so from Florida, who has shared with us smaller, less costly, and more account- big. his message this morning in the open- able government. So Democrats were eager to listen to ing of the Senate with a prayer. The House Republican plan is a clear the strategists and the administration The prayer started in the early days and forceful response to these con- officials who told them what this bill of the Continental Congress. It was in cerns, and, working together, House would do and how it would be received, 1774, in that Congress, that a chaplain and Senate Republicans will continue when what they should have been doing was called to open those sessions. to fight for the principles upon which is listening to the American people, Under the new government that came it is based. Together, we will focus our who never liked this bill—never liked about as a result of the Articles of Con- efforts on making America more com- it—and who knew it wouldn’t deliver federation—which had not worked to petitive, reducing the size and cost of on the promises Democrats made. So keep a new spirited nation together be- government, keeping our Nation strong this is no anniversary Democrats cause it didn’t have a central govern- and secure, and reining in the massive should be celebrating. ment—they met together in that Americans have had it. The Amer- health care costs and mandates im- steamy room in Philadelphia to ham- ican people have had it. They have had posed by the Democrats’ health spend- mer out the Constitution, and the Con- it with Democrats focusing on their ing bill. stitutional Convention prayer was of- own pet issues at the exclusion of This is an appropriate statement to fered during those deliberations. America’s top priorities, and they are make on the sixth-month anniversary As a matter of fact, it was Benjamin of the passage of the Democratic tired of being told that if only the Democrats pass their agenda these pri- Franklin who made the comment— health spending bill, which—both in its when the delegates wondered whether contents and in the process used to orities will somehow be met. Well, the results are in. The results are in. The this Nation could stand, a Nation that enact it—so clearly undermined the was seeking freedom, a Nation that principles House Republicans will dis- Democratic agenda has been a failure for the economy and for jobs. It is time was seeking democracy—Benjamin cuss this morning. Franklin said something to the effect Americans never wanted this massive to move on. It is time to start listening instead of dictating. Americans are that if the Supreme Being knows even government-driven intrusion into their when a sparrow falls, will that Su- health care, and virtually every day it speaking out. It is time Democrats in Congress start listening. preme Being not be involved in the af- seems we see that the concerns Ameri- fairs of a young and struggling nation? cans had about this bill are being vin- Madam President, I suggest the ab- In the beginning of that Nation under dicated. Throughout the day, adminis- sence of a quorum. The ACTING PRESIDENT pro tem- a constitutional government, in lower tration officials will tell people the pore. The clerk will call the roll. Manhattan, the chaplain of the nearby things it wants Americans to believe Mr. MCCONNELL. Madam President, church was proclaimed the Chaplain of about this bill. Based on the promises I withhold the suggestion. the Senate. When the government the administration made to pass it, The ACTING PRESIDENT pro tem- moved to Philadelphia, the second Americans should be deeply skeptical. pore. The Senator from Florida is rec- Chaplain of the Senate was appointed. They said: ‘‘If you like your plan, ognized. you will be able to keep it.’’ Now we When the government moved to this know that wasn’t true. As the Associ- f present location on the banks of the ated Press recently put it: ‘‘This is a THE GUEST CHAPLAIN Potomac, the third Chaplain of the Senate was appointed. In that long suc- promise that is beyond the President’s Mr. NELSON of Florida. Madam cession of Chaplains, we are so pleased power to keep.’’ President, in the midst of all the strife to have as our Chaplain now, after so They said it wouldn’t raise taxes— and partisanship and ideological rigid- many distinguished ones, Admiral not by one penny. Yet even the admin- ity that makes it so difficult these Barry Black, whom we all love and ap- istration’s own lawyers now acknowl- days for us to bring about consensus in preciate. edge that it does. One report, from the the world’s most deliberative body, Joint Committee on Taxation, says there is the occasion at the first of So today continues a tradition with that 40 million individuals and families each of these meetings in the Senate great selectivity of certain ministers will get hit with a tax hike as a result that we do come together—when the being invited to come and pray for the of this health care bill. chaplain mounts the rostrum, prays for Nation. Joel Hunter is the pastor of They said it would slow the growth of the Senate and for the Nation, and one of those mega-churches. It is a big health care costs and that it was essen- then we all join together in the Pledge. church north of Orlando. But it is a tial for that reason. Yet now the gov- I think it is worthy noting the way church that has about five churches all ernment itself says costs will go up as that the great master of the Senate, spread out, with an incredible outreach a result of the bill. Senator Robert Byrd, taught all of us to the community. Joel Hunter is a What about premiums? Well, the ad- freshmen 10 years ago to mount the man who has reached out and min- ministration now says it knew all rostrum and to call the Senate to- istered to Presidents, and Joel Hunter along that insurance premiums would gether. As the Presiding Officer calls is a man who has done so much good go up as a result of this bill. Less than the Senate to order, he or she then an- for our community and our State and a year after the President said Demo- nounces the chaplain for the day and our country. He has suffered tragedy crats had agreed to ‘‘reforms’’ that descends from the rostrum as the chap- with the loss of a granddaughter just would enable families to save on their lain comes to the rostrum to offer the recently. Yet out of that suffering, all premiums, the Secretary of Health and prayer. It is a recognition of the Deity, the more his compassion comes forth. Human Services now says rates will in- it is an expression of humility, it is a Indeed, we are very privileged to crease substantially as a result of the little symbolic act, but it is important. have Dr. Joel Hunter as our Chaplain bill—exactly the opposite of what was I think it is important to note that for the day. said during the debate. in July, when the entire Senate filed I yield the floor.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7369 RESERVATION OF LEADER TIME what has been crammed down their event in Virginia, the President fo- The ACTING PRESIDENT pro tem- throats. Promise No. 1 by the Presi- cused on provisions of the new law that pore. Under the previous order, the dent: If you like your current health go into effect today. As Paul Harvey leadership time is reserved. care coverage, you can keep it. Accord- used to say: ‘‘Now the rest of the ing to a new Obama administration story.’’ Some of the changes the Presi- f regulation—this is the President’s own dent touted yesterday actually don’t MORNING BUSINESS administration, writing the regula- start right away. Many Americans will tion—a majority of Americans who get not see how these changes will impact The ACTING PRESIDENT pro tem- their insurance through work will not them until after January 1 of 2011. But pore. Under the previous order, there be able to keep the current health care yesterday, USA Today, the newspaper, will now be a period of morning busi- plan they have. Even the White House actually ran a big story—a full-page ness until 10:30 a.m., with Senators per- admits it. The President keeps saying story almost—on the new provisions. mitted to speak therein for up to 10 it, but the White House admits it is not The thing that was so interesting minutes each, with Republicans con- true. about the story is, the story outlined trolling the first half and the majority Promise No. 2: The law will bring the the basics of each provision—a little controlling the second half. cost of medical care down and reduce thing there. Then underneath each one The Senator from Wyoming. the deficit. The Congressional Budget of the basics it had several paragraphs f Office disagrees, saying it erases sav- of things they called be aware: The ba- A SECOND OPINION ings. The Actuary at the Center for sics are this, but be aware that this Medicare and Medicaid Services says may happen to you, and this may hap- Mr. BARRASSO. Madam President, I the new law will increase health care pen to you and this may not apply or come to the floor today, on the 6- spending. this may apply. month anniversary of the signing into Let’s look at promise No. 3. This says All those things are to alert the law of what has commonly across the the law will strengthen Medicare. It ac- American people that there is a lot country come to be called ObamaCare. 1 tually cuts Medicare by $ ⁄2 trillion— more to it when you look at this over I come as a physician, someone who $500 billion cut from Medicare. The 2,000-page bill and the so many agen- has practiced medicine in Wyoming seniors of this country are furious. cies that are being brought forth to since the early 1980s, taking care of To make matters worse, this money write rules and regulations—so many thousands and thousands of patients is not being used to save Medicare or to things the American people will still across the cowboy State—families. I strengthen Medicare. The money is learn about this bill, and as they learn bring that experience to the Senate being used to start a whole new govern- those things they will like it even less. floor. I have a doctor’s second opinion, ment program for other people. There The story outlined the basics and now that here we are, 6 months out. It is a rebellion among the seniors of this then the ‘‘be awares’’ of each provision. is akin to looking at an x ray after country. I think it is very important for the something has happened, going 6 Let’s look at another promise the Americans who are listening and who months later and taking a look at the President made. He said: The law will are focused on this to be aware of these x ray to see what has occurred to the create jobs. We have 9.6 percent unem- ‘‘be awares,’’ that they are so much patient. ployment in this country. We continue longer than the provisions. What I Six months ago when Obama signed to learn about companies that want to would like to do is walk through some his new health care bill into law, he employ people, that want to create of them with you. said: ‘‘All of the overheated rhetoric jobs, but instead those companies are The law does allow young adults to over reform will finally confront the cutting their payrolls in order to deal stay on and be added to their parents’ reality of reform.’’ with the massive new tax increases in- health insurance plan until age 26. Here we are 6 months later. The cluded in the law. If you look at the in- That is what we hear. Make sure to American people have been confronted centives that are given to small compa- read the fine print. with the reality of the President’s re- nies, in terms of helping them with One of the things the Obama admin- form, and they do not like it. The health care costs, the incentives are istration published was the so-called American people who listened to the ones that say: If you want to get grandfather regulation—not when the Speaker PELOSI say: First, we must something, you want to cut the num- bill was signed into law but in June. pass the bill before you get to find out ber of employees you have and cut the This Washington White House regula- what is in it, now have learned more salaries of the people you are still tion defines the rules that employers and more what is in it, and they don’t going to employ. That does not create must follow if they want the health like it. The American people watched jobs. This law does not create jobs. coverage they currently offer their em- as this body came together, cobbled to- Then, of course, President Obama ployees to be exempt from the new gether legislation with things such as also promised that the Federal Govern- law’s mandates. It says be aware that the ‘‘Cornhusker kickback’’ and special ment would not ration care. Then I children are not eligible to be added to treats for different Senators so we would say why did the President make their parents’ grandfathered employer would agree to vote for the bill, and a recess appointment of a man to run group plan if the child can access cov- the American people don’t like it. the Centers for Medicare and Medicaid erage in other ways, if they have a As a matter of fact, there was a Ras- who has repeatedly acknowledged and job—another very complicated situa- mussen poll that just came out Mon- said the government must ration care? tion of rules and regulations. day, and as of Monday this week, 6 He has a long history, but he did not Second, the law now requires insur- months after the bill was signed into come to the Senate to explain a num- ers to cover more preventive services— law, 61 percent of the American people ber of statements he has made about immunizations, mammograms, want Washington to repeal this new redistributing wealth, rationing care. colonoscopies. It is important for peo- health care law—61 percent want it re- He does not need to explain it to the ple to take responsibility for their pealed. Once again, instead of listening Senate. He needs to explain it to the health and things such as screening to the American people, the President people of this country. That is Donald mammograms and immunizations; continues to try to sell his law. He Berwick, a physician from Massachu- those help people in the long run. It tried it again yesterday in a back yard. setts, still refusing to testify before says insurers cannot charge copay- He continues to make promises he Congress and the American people. He ments or deductibles for these added knows he cannot keep and that have has been invited again to come today. benefits. Then let’s get to the ‘‘be not been kept with this new law. There will be people waiting in a room aware’’ section. Be aware these cost Now that we are 6 months into the to which he has been invited. We will savings only apply to new health insur- new law, I wish to walk you through see if he does arrive, but I doubt it. ance plans, not the so-called grand- some of the President’s promises and You wonder why Americans are sick fathered plans, so you have them de- the reality that the people of this great and tired of Washington. It is no sur- scribing the grandfathered plans and country are living with as they look at prise; yesterday, when speaking at the who can be a part of it and who cannot.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7370 CONGRESSIONAL RECORD — SENATE September 23, 2010 There is more to this than meets the better ideas—better ideas that were re- CONCLUSION OF MORNING eye. Also, be aware—don’t be surprised jected by the majority in this Senate, BUSINESS if you see your insurance premiums go who refused to listen, who refused to The ACTING PRESIDENT pro tem- up. listen to the American people who were pore. Morning business is closed. The President wants to sell Ameri- bringing forth better ideas, changes The Senator from Georgia. cans on the good things in the law, such as allowing people to buy insur- what he considers the good things in ance across State lines—that is going f the law, but he has failed to mention to bring down the cost of care, and it is CONGRESSIONAL DISAPPROVAL OF that mandating insurers to cover these going to help about 12 million people THE RULE SUBMITTED BY THE extra benefits is going to cause pre- who did not have insurance get insur- NATIONAL MEDIATION BOARD miums to go up. ance; offering premium breaks to folks RELATING TO REPRESENTATION Another: Insurance companies can no who make healthy lifestyle changes— ELECTION PROCEDURES—MOTION longer cap the amount they will pay absolutely critical; dealing with law- TO PROCEED over a person’s lifetime. Americans suit abuse to help eliminate some of need to be aware, however, that insur- this defensive medicine and the in- Mr. ISAKSON. Madam President, I ance plans that had lower premium creased cost of that practice. We need move to proceed to the consideration of costs because—they say, how do you to allow small businesses to join to- S.J. Res. 30. get premiums down? They did it by gether, to pool together in order to The ACTING PRESIDENT pro tem- limiting lifetime amounts. It says offer affordable health insurance to pore. Under the previous order, there those people now may be forced to pay their workers, get better deals with in- will now be 2 hours for debate on the higher insurance premiums. surance costs. These are changes that motion to proceed, with the time Another: The law designed new rules put patients in control of their medical equally divided and controlled between preventing insurers from denying cov- decisions, not the government. the Senator from Iowa, Mr. HARKIN, erage to any child under the age of 19 People ask me, as a doctor, what I and the Senator from Georgia, Mr. who has a preexisting medical condi- think about this, what I think about ISAKSON, or their designees. tion. So what did the Washington Post this law. I will tell you, having prac- The Senator from Georgia. say about that? What did the Los Ange- ticed medicine for over 25 years, we Mr. ISAKSON. Madam President, I les Times report? They both printed ar- need to do something. This wasn’t it. yield myself up to 15 minutes of the ticles this Tuesday, 2 days ago, warn- This law is bad for people. It is bad for time. ing consumers that major health insur- people who are patients. It is bad for The ACTING PRESIDENT pro tem- ance companies—what are they going people who are providers, the nurses pore. Without objection, it is so or- to do about this? They are going to and the doctors who take care of the dered. plan to stop selling new child-only cov- patients. It is bad for payers, the tax- Mr. ISAKSON. Madam President, on ered products completely. Is this going payers of this country who will foot a May 11, 2010, the National Mediation to help kids with preexisting condi- significant amount of the bill. The peo- Board, the board that oversees labor tions, this law? As these insurance ple who get their insurance through relations in transportation—in the companies plan to stop selling new work—what is the impact going to be railroad and airlines industries—final- child-only coverage products, that is on those jobs and those businesses? ized a regulation repealing the 75-year- not going to help. It is because of this This is a bill that is bad for people. old majority rule. Under the majority law. We can and we must fix a broken rule, a majority of the organizing unit The health care law allows parents to health care system, but we can do it was required to affirmatively vote yes wait until their child is sick before without undermining choice, which is to unionize. The repeal of this rule buying a policy. When only sick people what this health care law has done; means that now a minority in the bar- buy health insurance, premiums have without undermining competition, gaining unit can organize, essentially to go up. As the rate increases, more which is what this health care law has permanently, the entire organization people drop their coverage. This cer- done; and without undermining innova- of the unit. tainly is going to hit lower income tion, which is what this health care Today, I am asking this body to pass families hard. Some uninsured parents, law has done. And we need to do it S.J. Res. 30 to undo this rule change while they can’t afford family insur- without raiding Medicare to start a under the procedures created by the ance, often decide to buy a child-only whole new government entitlement Congressional Review Act of 1996. This policy to ensure their kids have cov- program. We can do it without raising law allows Congress to disapprove reg- erage. But according to these new re- taxes that kill jobs in a bad economy. ulatory rules issued by Federal agen- That is why, as we are here today, 6 ports, families all across America will cies by enacting a joint resolution of months after the enactment of this bill have fewer health insurance options be- disapproval. This resolution will re- becoming law, the Obamacare law, 6 cause of the new law—fewer options for voke a recent regulation promulgated months later, 61 percent of the Amer- families, fewer options for patients, not by the National Mediation Board elimi- ican people want it repealed. It is now nating the old majority rule that had more. time to repeal and replace this health This Congress had a historic oppor- been in place for 75 years under 12 Pres- care legislation and replace it with tunity to make patient-centered health idential administrations. something that will work for the care reforms to bring down the cost of Under the old rules, a majority of the American people because that is what medical care in this country. We had a workers in the organizing unit were re- this country wants, that is what this historic opportunity, and this Congress quired to affirmatively vote yes in country needs, that is what this coun- order to organize. Under the new rules, missed it. The one thing the American try and the people of this country have however, only a majority of those vot- people wanted out of health care re- been asking for all along, but the mem- ing are required to vote yes to organize form was lower costs. But increased bers of the majority and the White a union. Washington mandates passed by this House refused to listen. Senate only serve to produce fewer in- I yield the floor, and I suggest the ab- Let me give you an example. If an or- surance choices, increased costs, and sence of a quorum. ganizing unit had 10,000 employees, insert the Federal Government be- The ACTING PRESIDENT pro tem- under the 75-year-old rule, 5,001 would tween patients and their doctors. pore. The clerk will call the roll. have had to vote affirmatively for a It is time that we start talking hon- The bill clerk proceeded to call the union. Under the new rule, if only 4,000 estly about how this law—even the roll. turned out to vote, only 2,001 would things on which Republicans and Mr. HARKIN. Madam President, I have had to vote affirmatively to be Democrats agree—affected patients ask unanimous consent that the order able to unionize. In fact, in large meas- and their families. That is why I be- for the quorum call be rescinded. ure, it seems to me, it is kind of ‘‘card lieve this health care law needs to be The ACTING PRESIDENT pro tem- check lite.’’ repealed. It should be repealed and re- pore. Without objection, it is so or- There is no sound legal or policy basis for placed with better ideas. And there are dered. hastily changing a rule that has been in

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7371 place and upheld repeatedly for 75 years. Labor Act has no decertification proc- labor strife, lower pay, and burdensome Throughout this time, the majority rule has ess as there is under the National work rules. furthered the primary purpose of the Rail- Labor Relations Act. I say, leave that decision up to the way Labor Act, which is ‘‘to avoid any inter- The current ‘‘straw man’’ union dis- workers. If the benefits of union rep- ruption to commerce or to the operation of illusion process is Byzantine and near- resentation are so great, then why the any carrier engaged therein.’’ ly impossible for workers to use. This need to change the rule? This adminis- The Supreme Court of the United is how National Mediation Board tration simply refuses to obey the will States has upheld the rule not once but Chairman Dougherty described the of the majority of the class and has twice. The National Mediation Board, process: chosen to side with the union in the under both Democratic and Republican Employees who no longer wish to be rep- passing of this rule. administrations, previously rejected resented by a union must select an indi- As National Mediation Board Chair- changes to the majority rule on four vidual to stand for election (the so-called man Dougherty has written, the separate occasions. In fact, the Na- ‘‘straw man’’), convince a majority of the el- board’s actions are targeted at ‘‘40,000 tional Mediation Board, under former igible voters in the craft or class to sign au- employees at two major airlines—the President Jimmy Carter of Georgia, thorization cards for that individual (while largest group of elections in the his- concluded that only Congress could attempting to explain that this individual is tory of the National Mediation Board. I not actually going to represent them), and make such a decision. believe it is harmful to the reputation Even the Obama administration’s then file an application with the Board. If the requisite showing of interest is met, an and credibility of the [National Medi- own Labor Department defended the election is authorized, and the employees ation] Board for it to take a position in soundness of the majority rule, writing must either vote for the ‘‘straw man,’’ with favor of a change to our election rules on October 8, 2009: the hope that he will later disclaim interest during these elections.’’ For 70 years, the Board has required, when in representing the craft or class, or abstain In short, we are here today for one there is no representative and just one orga- from voting. reason and one reason only: The Obama nization is seeking to be representative, a What a ridiculous process that is. administration has chosen to tilt the majority of the workers in the craft or class Unfortunately, the new rule allows outcome of unionization elections at to vote for that organization. no corollary process by which employ- Delta Air Lines in favor of the transit In so doing, President Obama’s own ees can choose to opt out of unioniza- unions. Labor Department argued that all past tion. Thus, the Obama administration Let me discuss the integrity of this boards ‘‘reasonably construed’’ the greatly lowers the bar for unionization, process that took place at the Board. Railway Labor Act. while continuing to ensure that it is Once confirmed by the Senate, revok- As former National Mediation Board nearly impossible to decertify a union. ing the majority rule was clearly job Chairman Elizabeth Dougherty wrote In Teamsters v. BRAC, the DC Cir- one for Members Puchala and in her strong dissent of the repeal of cuit Court wrote: Hoglander. Only 5 weeks after Mr. the majority rule, making this change It is inconceivable that the right to reject Hoglander was confirmed on July 24, ‘‘would be an unprecedented event in collective representation vanishes entirely if 2009, the AFL–CIO requested the rule the history of the National Mediation the employees of a unit once choose collec- change on September 2, 2009. Board.’’ tive representation. On its face, that is a Two months later, on November 2, She continued: most unlikely rule, especially taking into the National Mediation Board issued account the inevitability of substantial turn- Regardless of the composition of the board the proposed rule. Not coincidentally, over of personnel within the unit. or the inhabitant of the White House, this the transit unions immediately with- independent agency has never been in the If the Obama administration truly drew their applications to organize business of making controversial, one-sided sought to ‘‘more accurately measure Delta, giving Hoglander and Puchala rule changes at the behest of only labor or employee choice,’’ they would have more time to stack the deck in their management. provided a parallel process by which favor. Public remarks of union leaders The majority rule is not unfair to or- employees could vote out a union in an from the Association of Flight Attend- ganizing efforts, as over two-thirds of election conducted in the same manner ants have since confirmed their insider the 1,850 reported elections since 1935 as the election which resulted in cer- knowledge of the proposed rule. have resulted in a union. Moreover, an tification of the union in the first On November 6, the Democratic average of 72 percent of airline and place. Of course, they did not do that. members of the National Mediation railroad employees are represented by Quoting Chairman Dougherty again: Board told Chairman Dougherty they unions, while only 8 percent of private- Apparently, employee choice only matters had prepared a ‘‘final’’ version of the sector workers are union represented. to the Majority when it relates to changing proposed rule and she had only 11⁄2 One of the reasons the majority rule the status quo from no representation to rep- hours to consider their proposal. was approved is because recognition of resentation and not the other way around. Further, the Democratic majority a union under the Railway Labor Act is The impact of this is dramatic in my told her she would not be permitted to essentially permanent, and I reiterate State, and it has a dramatic impact on publish a dissent in the Federal Reg- that. The decision is essentially perma- Delta Air Lines, which is ister. Of course, publication of a dis- nent and irrevocable. Thus, to ref- headquartered in my State. sent is not prohibited by any agency. erence my example earlier, the minor- On April 14, 2008, Delta and North- Finally, on May 11, 2010, the Demo- ity of 2,001 in an employee group of west Airlines announced a merger. Be- cratic majority issued their final rule, 10,000 could irrevocably unionize an or- fore the merger, Delta was a predomi- having prevented an honest and forth- ganization and make it permanent. nantly nonunion organization. Its pi- right debate and comment—all of this Quoting the Obama administration’s lots were unionized, but flight attend- from an administration that prides Labor Department again: ants and ground personnel were non- itself on transparency. Unlike the National Labor Relations Act, union. Delta employees—many of Throughout their effort to repeal the the Railway Labor Act does not provide for whom reside in Georgia—were and still majority rule, the Democratic major- a decertification process. are some of the most dedicated em- ity and the National Mediation Board ‘‘Does not provide for a decertifica- ployees of any company in the United intentionally left Chairman Dougherty tion process.’’ States, and some of the best paid em- out of the process. As she wrote in her Therefore, the union’s certification con- ployees in the airline industry, which stinging dissent: ‘‘This rule was drafted tinues until another union makes a showing explains why Delta employees have without my input or participation.’’ of interest to represent the respective class voted down six unionization drives I am concerned this course of con- or craft. . . . Consequently, it is of utmost since 2000 alone. duct by two former union leaders plain- importance that a certified union has the Some of the former employees of ly reflects a predetermination to pro- support of the workers it is certified to rep- Northwest, which was a much smaller ceed with a course of action beneficial resent. operation than Delta, wish the new to transit unions at the expense of fair- While existing practice allows for a Delta to adopt their old labor agree- ness and sound public policy. cumbersome and slow ‘‘straw man’’ ments. Those old labor agreements at Chairman Dougherty is correct when union disillusion process, the Railway Northwest led to a long history of she writes:

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7372 CONGRESSIONAL RECORD — SENATE September 23, 2010

Independent agencies have an obligation to U.S. CHAMBER OF COMMERCE, mitted comments highlighting these con- avoid even the appearance of impropriety. Washington, DC, September 22, 2010. cerns. Unfortunately the Board finalized the The Board’s failure to do so in this instance To the Members of the United States Senate: rule in May 2010 without addressing our con- has damaged the Board’s reputation irrep- The U.S. Chamber of Commerce, the cerns—and those of many other employers. arably. world’s largest business federation rep- The failure of a union to receive a true ma- Clearly, this administration is afraid resenting the interests of more than three jority support among the employees it seeks million businesses and organizations of every to represent is disruptive to employee-em- that the Employee Free Choice Act, size, sector, and region, urges you to support ployer relations and puts the stability of which it promotes, will not pass the S.J. Res. 30, a resolution of disapproval that interstate commerce in question. Labor Senate in the near future. As a result, would repeal revisions the National Medi- unions covered by the RLA must be able to President Obama has repeatedly as- ation Board made to its regulations con- have the support of the majority of employ- sured union bosses in Washington that cerning union organizing under the Railway ees to provide effective representation in his administration will use the Federal Labor Act. labor negotiations. regulatory agencies and Executive or- The Board’s revisions, which were finalized In order to promote fair and equitable ders to implement their radical agenda on May 11, 2010, overturn more than 70 years labor relations that protect the rights of the of precedent and make it possible for a union majority of workers, an affirmative change— on behalf of labor bosses in Wash- to be organized without the support of a ma- from a non-union to union workplace— ington. jority of employees in the craft or class. should require an affirmative majority vote We are just beginning to see the im- Strong policy arguments favor the time-test- from those eligible to vote. Employees who pact that former union boss Craig ed rule the Board has jettisoned, including choose not participate in elections are in ef- Becker is having as a member of the the fact that the Board has no rule permit- fect choosing to maintain the status quo and NLRB. Mr. Becker was rejected by this ting decertification of a union should the should not be required to directly participate body on a bipartisan vote. The Presi- employees later decide they do not want to in representation elections in order to main- maintain representation. tain their status. dent responded by thwarting the will of In addition, the regulatory process that led The Senate should disapprove this rule by the Senate and extending to Mr. Beck- to the adoption of the rule was little more supporting S.J. Res. 30, as it would harm er a recess appointment. than a sham. The Board majority not only positive employee relations and sets a dis- Since assuming his position, Mr. excluded the single minority member from turbing precedent for other federal labor Becker has been anything but impar- deliberations over the rule, but it censored boards like the National Labor Relations tial to the unions. He has refused to her dissent. Furthermore, while the rule was Board. More importantly, we believe the recuse himself in cases involving his contentious enough to draw thousands of NMB is circumventing the proper role of old employer, the SEIU, and is dog- comments, the Board did not change a single Congress in setting our nation’s labor laws word of the proposed rule when it was final- on a level playing field to protect the rights gedly attempting to foster card check ized, further evidencing that the regulatory of those who wish to be represented by a campaigns at businesses throughout process adhered to was egregiously flawed. labor union and those who do not. the country. Policy differences aside, Congress should not As manufacturers face tremendous Last week, President Obama said: permit an agency to set policy in such a amounts of uncertainty in these challenging What we’ve done instead [of getting EFCA manner. economic times, Congress should not allow a passed in the Senate] is try to do as much as Due to the critical importance of this issue federal agency to issue regulations that we can administratively to make sure that to the business community, the Chamber harm manufacturers’ ability to create and it’s easier for unions to operate. strongly urges you to support S.J. Res. 30. retain jobs. The Chamber may consider votes on, or in On behalf of manufacturers, we urge your The repeal of the majority rule fits relation to, this issue in our annual How support for S.J. Res. 30. We look forward to into this pattern. It is yet another at- They Voted scorecard. continue working with you on our shared tempt by the Obama administration to Sincerely, goals for a strong economy, job creation and circumvent the Congress of the United R. BRUCE JOSTEN. promoting fair and balanced labor laws. States and vilify American businesses. Sincerely, As the Supreme Court wrote in Rus- NATIONAL ASSOCIATION OF JOE TRAUGER, sell v. National Mediation Board in MANUFACTURERS, Vice President. 1985: September 20, 2010. DEAR SENATOR: The National Association ALLIANCE FOR WORKER Employees were given the right under the of Manufacturers (NAM)—the nation’s larg- FREEDOM, (Railway Labor) Act not only to vote for col- est industrial trade association—urges you Washington, DC, September 17, 2010. lective bargaining, but to reject it as well. to support S.J. Res. 30, a ‘‘resolution of dis- DEAR SENATOR: On behalf of the Alliance Unfortunately, the Obama adminis- approval’’ to prevent the National Mediation for Worker Freedom (AWF), I urge you to tration’s two Democratic nominees to Board (NMB) from changing union election support Senator Isakson’s S.J. Res 30, which the National Mediation Board, in re- rules under the Railway Labor Act. condemns the National Mediation Board’s Manufacturers are increasingly concerned (NMB) decision to ease unionization stand- pealing a 75-year-old rule without con- with efforts to implement major changes to ards for airline and railway employees. gressional approval or adequate rea- our nation’s labor laws outside of Congress Since the creation of the National Medi- soning, have recklessly tossed aside through executive branch actions. The ation Board in 1934, a majority of transport fairness and impartiality to benefit NMB’s recent decision to promulgate a new workers’ votes has been required to form a their former labor bosses in the labor rule goes contrary to the intent of the Rail- union. Last year, the AFL-CIO viewed this movement. In so doing, they have evis- way Labor Act and is an attempt to cir- traditional voting practice as an impediment cerated the right the Supreme Court cumvent the legislative process. to their unionization efforts and lobbied the The Railway Labor Act requires a majority articulated. NMB to amend this practice. The NMB com- of all eligible employees to affirmatively plied with the AFL-CIO’s request and in May The Congressional Review Act is the choose to allow a labor union to collectively ruled that union elections for workers sub- appropriate legislative vehicle for Con- bargain on their behalf with their employer. ject to the Railway Labor Act should be de- gress to undo this assault on workers’ However, in 2009 members of the NMB final- cided by only a majority of workers who cast rights. I urge my colleagues to support ized a proposed rule which allows union orga- ballots, not total company workers. This this resolution of disapproval. nizers to unionize workplaces if only a sim- move would make it substantially easier for I ask unanimous consent that letters ple majority of employees who participated unions to win elections and could encourage supporting this resolution from the in a union representation election chose to deceptive election practices. certify the labor union instead of requiring Overturning seventy-five years of prece- U.S. Chamber of Commerce, the Na- an affirmative vote for union representation dent and two Supreme Court rulings, the Na- tional Association of Manufacturers, from a majority of all employees that would tional Mediation Board has overstepped its the Alliance for Worker Freedom, be covered by the labor union seeking to be understood authority. Although frequently Americans for Limited Government, certified. This approach goes counter to dec- challenged, numerous institutions, under and Associated Builders and Contrac- ades of labor law precedent and skews the both Democrat and Republican Administra- tors be printed in the RECORD. careful balance inherent in federal labor law. tions, upheld the ‘‘majority rule’’ practice. I also ask unanimous consent to have The NMB failed to demonstrate sound pol- The Supreme Court twice ruled in favor of icy justification needed to implement such a ‘‘majority rule’’ unionization election stand- printed in the RECORD a document enti- sweeping change to our labor law system. ards. tled ‘‘Letters from Workers.’’ The final rule that has been issued is beyond Furthermore, the National Mediation There being no objection, the mate- the legal authority of the Board and is arbi- Board has upheld challenges to majority rule rial was ordered to be printed in the trary and capricious. The NAM responded to four times, on grounds that: ‘‘Certification RECORD, as follows: the NMB’s proposed rulemaking and sub- based upon majority participation promotes

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7373 harmonious labor relations. A union without Mediation Board has clearly stepped out of 31 years into a fabulous career at Delta and majority support cannot be as effective in its statutory role as a neutral arbiter, and I feel so blessed to have been able to work for negotiations as a union selected by a process into being an advocate on behalf of union or- such a wonderful company all these years. which assures that a majority of employee’s ganizers.’’ The intentions of the NMB are totally trans- desire representation.’’ Wilson’s sentiments echoed those of the parent and should not be tolerated by Con- AFL-CIO’s complaints that transport com- Chair of the National Mediation Board, Eliz- gress—or any other body or individual (in- panies have made it too difficult to unionize abeth Dougherty, who in her dissent wrote, cluding President Obama) who claims to em- workers, thus necessitating the NMB’s ‘‘Regardless of the composition of the board brace honesty, fairness and ethics. It is change, is largely unfounded: majority rule or the inhabitant of the White House, this abundantly clear to me that motivation of has been used in more than 1,850 elections, independent agency has never been in the the newest Obama appointees to the NMB is and unions have won more than 65 percent of business of making controversial, one-sided to pave the way for the AFA to gain entry the time. rule changes at the behest of only labor or into Delta Air Lines—I see no other jus- The merits of majority rule can be thor- management.’’ tification for imposing voting rules on Delta oughly weighed, debated, and voted on by Wilson said this was ‘‘just the latest exam- flight attendants contrary to the voting our legislators, not the three members of the ple of an agency seizing the power to legis- rules applied to union elections at all other National Mediation Board. late from Congress,’’ concluding, ‘‘First it carriers. I have loved my career at Delta and Sincerely, was the EPA with the carbon endangerment I am so proud of the monumental efforts my CHRISTOPHER PRANDONI, finding. Then the National Labor Relations company and my fellow employees have Executive Director. Board opening the door for card check. And made to emerge from bankruptcy and return now the National MedianBoard allowing for to profitability. I watched in horror years [From ALG News, Sept. 21, 2010] unionization with less than majority sup- ago as the unions at Eastern Airlines single- ALG URGES SENATE TO SUPPORT ISAKSON port.’’ handedly brought their own company to its RESOLUTION AGAINST UNION ORGANIZATION knees—and I was forever grateful that I had ASSOCIATED BUILDERS AND BY PLURALITY RULE chosen to work for Delta, as opposed to East- CONTRACTORS, INC., ern. It is my belief that an election in favor FAIRFAX, VA.—Americans for Limited Gov- Arlington, VA, September 23, 2010. ernment (ALG) President Bill Wilson today of the AFA will be the ruination of my com- U.S. SENATE, urged the Senate to support a resolution of pany and the end of the blissful career I have Washington, DC. enjoyed at Delta.’’ disapproval against a National Mediation DEAR SENATOR: On behalf of Associated Board rule that allows for union organiza- Another eloquent letter came from Karla Builders and Contractors (ABC), a national Kelsey. ‘‘I am a 32 year Delta flight attend- tion at railways and airlines with less than a association with 77 chapters representing majority of employees voting ‘‘yes.’’ ant. I do not understand why the NMB would 25,000 merit shop construction and construc- change a rule that has been in place for 75 The resolution of disapproval is being pro- tion-related firms with 2 million employees, posed by Senator Johnny Isakson, who in years. It is, obviously, a decision partial to I write to express strong support for S.J. the unions, not the employees. . . . I am not The Hill wrote ‘‘The Obama administration’s Res. 30, offered by Senator Isakson and urge decision to repeal this rule means that now interested in union representation and I re- you to vote in favor of this resolution. The sent how this situation has been handled. a minority of the bargaining unit can orga- resolution disapproves the rule submitted by nize—permanently—the entire organizing The impact on my life would be hugely nega- the National Mediation Board relating to tive if the AFA is voted in. What is fair unit.’’ representation election procedures (pub- ‘‘The National Mediation Board simply about a union being able to come into my lished at 95 Fed. Reg. 26062 (May 11, 2010)), company with only a majority of those who does not have the legal authority to make and would resolve that such rule shall have such a radical change without Congressional vote as opposed to a majority of all flight at- no force or effect. tendants who would be represented?’’ authorization,’’ Isakson stated in a press re- The May 11 National Mediation Board rule I didn’t just hear from pre-merger Delta lease. ‘‘With this rule change, a union could requires employers governed under the Rail- employees. I heard from Avery C. Parker, be permanently recognized without a major- way Labor Act to recognize and bargain with who had been with Northwest Airlines for 31 ity of employees having ever supported rep- a union, even where a majority of affected years. She writes, ‘‘The NMB’s decision to resentation.’’ employees have not voted to do so. This rule change the 75 plus year’s old law concerning That is because on May 11th, 2010, the Na- overturns 75 years of precedent and promotes labor elections is very disturbing to me to tional Mediation Board repealed the so- union organizing at the expense of employees say the least. . . . Is this how a government called ‘‘Majority Rule.’’ Under the old rule, that do not favor union representation. agency that has thousands of employees, it took a majority of an organizing unit vot- Moreover, this radical change injects further counting on them to have an un-bias opin- ing ‘‘yes’’ to permanently organize a union. uncertainty into our economy at a time ion, should act?’’ Now, it only takes a majority of those vot- when we can afford it least. ing, a considerably lower threshold. ABC believes the National Mediation Several workers contacted me complaining lsakson wrote in The Hill, ‘‘[U]nder the Board’s ruling reflects a disturbing trend by about the harassment they experience by Majority Rule, if a bargaining unit had 6,000 the federal government to promote unioniza- union organizers. A flight attendant from employees, 3,001 must have voted for a union tion at the expense of free and open competi- Greensboro, Georgia, Toni Holman com- to organize the unit. However, under the new tion, economic growth and employees that plains that ‘‘pro-union activists are spread- rule, if only 1,000 of 6,000 vote, and 501 of do not favor union representation. ABC ing really nasty and un-true rumors; are those 1,000 vote yes, all 6,000 are perma- urges you to support S.J. Res. 30 and vote in using intimidation tactics; and are also sabo- nently unionized, even if a majority of them favor of this resolution. taging the luggage, hotel rooms, etc of many become disenchanted with the union leader- Sincerely, flight attendants who are vocal anti-union or have ‘‘No Way AFA’’ bag tags on their suit- ship.’’ GEOFF BURR, Isakson’s resolution is expected to have an Vice President, Federal Affairs. cases. We are being targeted and persecuted. up-or-down vote on Thursday under expe- I also feel harassed by the bombardment of dited rules. LETTERS FROM WORKERS un-requested mail/e-mail/and telephone calls.’’ Wilson said the rule change most likely On Monday, when this vote was scheduled, had been made to accommodate the merger we launched an email address, Again, I received dozens of letters from of Delta Airlines and Northwest. ‘‘The new [email protected], and we asked across the country. I will be including a sam- company is 40 percent union, and most of the real experts—the workers affected by pling in the record of this debate, so these that is from the Northwest employees. Since this rule change—to write us and offer their workers know they have a voice in their they didn’t already have a majority, the only thoughts. Congress. way to get a union for the whole company The response has been overwhelming. As of Mr. ISAKSON. Madam President, I was to change the rules to accommodate a this morning, we’ve received over 100 indi- reserve the remainder of my time. decades-long effort by Big Labor to unionize vidual letters in three days, not form letters Delta.’’ The ACTING PRESIDENT pro tem- or postcards, but carefully crafted letters de- pore. The Senator from Iowa. According to CNN Money, ‘‘Unlike its com- crying the unfairness of the NMB’s rule petitors, Delta employees have declined to change. Mr. HARKIN. Madam President, I join labor unions in the past, priding them- One of my constituents, a proud Delta strongly oppose the resolution of dis- selves on having great relationships with the flight attendant named Debi Shaw from approval offered by my good friend, the company and enjoying the freedom to nego- Gainesville, Georgia contacted dozens of her Senator from Georgia. I tried to listen tiate contracts with managers one on one.’’ friends and colleagues. Ms. Shaw collected to all my friend said, but let’s just Wilson said that the National Mediation over three dozen letters by herself. keep in mind what this is all about. Board had violated their authority under the I wish I could read all these letters into Railway Labor Act, urging the Senate to the record, but I wanted to share just a sam- The resolution we have before us would ‘‘uphold the original intent of the law, which ple with my colleagues in the time I have. keep in place outdated and undemo- never included allowing a minority of work- One such letter came from Susan Powell of cratic election procedures that under- ers at a company to unionize. The National Buford, Georgia. She writes, ‘‘I have invested mine workers’ fundamental rights.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7374 CONGRESSIONAL RECORD — SENATE September 23, 2010 Hard-working Americans deserve bet- eligible voter who chooses not to vote should remain forever. A rule’s age is ter, and I encourage my colleagues to is presumed to be a vote for our oppo- irrelevant in evaluating its fairness. vote down this resolution. nent; in other words, a ‘‘no’’ vote on us. Our country has rightly eliminated By way of background, the Railway That is pretty interesting, isn’t it? many flawed election rules when cir- Labor Act governs labor-management If you choose not to vote, you are cumstances changed. It is time to dis- relations for the rail and air industries. counted as no. Well, it is no less out- card this one too. As the Supreme Court has noted, the rageous to arbitrarily assign a position The justification for the original rule Railway Labor Act was expressly to nonvoters in a union election. is long outdated. Rail and aviation passed to ‘‘encourage collective bar- Again, there are many reasons a per- workers, like workers at many other gaining.’’ Under the act, a majority of son might not vote. As I mentioned, businesses, are spread throughout the employees have the right to decide if they might be ill, forgot, or maybe country. Seventy-five years ago, with they wish to be represented by a union, they are just disinterested in the re- often poor communications, there was and they use elections to make that sult, don’t care one way or the other. a legitimate concern that many em- choice. Unfortunately, for many years, That is why a basic principle of elec- ployees would not learn that a union the National Mediation Board, which tions is that a voter’s decision not to campaign was taking place or that a implements the Railway Labor Act, vote has no impact on an election’s vote was scheduled. The National Medi- has had antiquated elections proce- outcome. Again, I will repeat: A basic ation Board feared that a small but in- dures that place huge obstacles in the principle of elections in our country is formed minority of workers could way of workers who are trying to exer- that a voter’s decision not to vote has dominate the election process and dic- cise their basic right. tate a result for a majority of employ- Under these archaic rules, a union no impact on the outcome of that elec- ees, many of whom may not even have did not win an election if it won a ma- tion. known an election was occurring. That jority of the votes cast. Let me repeat Indeed, in 1937, the Supreme Court, in is not true today. Given today’s mod- that. Under these archaic rules, a Virginian Railway Company v. Sys- ern technology—the Internet, e-mail, union did not win an election even tems Federation No. 40, in interpreting cell phones—these concerns are simply though they may have won a majority the very statute at issue—the Railway no longer relevant and should not dic- of the votes cast. How can that be? Labor Act—expressly said: tate the Board’s current election proce- Well, because, instead, a majority of Election laws providing for approval of a all eligible voters, or all those who proposal by a specified majority of an elec- dures. Secondly, I believe the Senator from voted, a majority—instead of just torate have been generally construed as re- quiring only the consent of the specified ma- Georgia is wrong when he claims that counting all of those who voted, it said jority of those participating in the election. the National Mediation Board has ex- it had to be all eligible voters had to Those who do not participate are presumed ceeded or does not have authority to cast a vote for the union. What that to assent to the expressed will of those who implement this rule change. On June meant was that anyone who didn’t vote vote. 25, a Federal court rejected this argu- was automatically counted as a ‘‘no’’ It makes sense. If you don’t vote, ment, finding that the change was well vote. So all nonvoters were automati- what you are saying is, for one reason within the agency’s authority. The cally and arbitrarily treated as a ‘‘no’’ or another, whichever side wins, they vote or a vote against unionization. So Railway Labor Act does not specify win. Whatever the expressed will is of any particular election procedures and if you didn’t vote, that equaled a ‘‘no’’ the yes or the no, I give my assent to vote. Doesn’t that strike you as kind of leaves the means of conducting elec- that by not voting. That is what the tions up to the Board. odd? Supreme Court said. This procedure is not only contrary The process the Board used to adopt This basic system of conducting elec- their new rule was fair, open, and al- to the election rules governing workers tions works for school boards. It works under the National Labor Relations lowed all parties an opportunity to for State legislatures. It works for Con- Act, but it is contrary to basic prin- comment, using the same notice and gress. It works for all businesses gov- ciples of democracy underlying elec- comment process under the Adminis- erned by the National Labor Relations tions held throughout the United trative Procedures Act as used by Act, and it certainly will work for rail States, from student council elections other Federal agencies. and aviation workers. to elections for United States Sen- The National Mediation Board pub- Now, given the antidemocratic na- ators. Think about this. In virtually lished a notice of proposed rulemaking ture of its union election procedures, in every election in this country, except in the Federal Register on November 3, May the National Mediation Board those involving rail and aviation work- 2009, that included a detailed expla- issued a long overdue rule change. ers, a voter has a right to vote one way nation of why the Board was consid- or the other or not to vote at all. How- Under the new rules, a majority of ering this change. It allowed parties 60 ever, under the archaic rules of the Na- those who actually vote in the election days to comment and provided a de- tional Mediation Board, there is no is required for the union to prevail. tailed rationale for the proposal. The right not to vote because if you don’t Under this procedure, an employee, a Board considered nearly 25,000 public vote you are counted as a ‘‘no’’ vote, worker, can choose to vote for a union, comments and held a public meeting whether you wanted to be a ‘‘no’’ vote they can choose to vote against union- where over 34 members of the public or not. Maybe a lot of people don’t vote ization, or they can choose not to vote testified. Federal agencies issue new for one reason or another. at all. The rule, very simply, recog- regulations every day following the As Senators, it would be apparent to nizes that in an election, the side with same notice and comment procedures all of us that this current rule makes the most votes wins. employed by the Board in this proce- no sense. For example, in the Senate, Well, I think the National Mediation dure, and nothing untoward happened we cast hundreds of votes in each Con- Board should be commended for its here. It was fully open, fully above- gress. Inevitably, with one or two ex- new, more democratic rule. It is con- board, and in compliance, as I said, ceptions, most of us miss a vote or two, sistent with the procedure used in with the Administrative Procedures whether there is something going on in other elections in our country and will Act. our State that we have to attend to or ensure fairness and equal treatment for My friend from Georgia and others a family illness or whatever. We would rail and aviation workers. have argued that one of the National be outraged if we missed a vote because Nevertheless, my friend from Georgia Mediation Board members, Linda of those circumstances and our vote and others wish to overturn the appli- Puchala, may have somehow misled was counted as a ‘‘no’’ vote when cation of these basic democratic prin- Congress during her confirmation hear- maybe we didn’t want to vote no, but it ciples to air and rail workers. First, as ings and failed to consider the new rule would be automatically counted as a I understand it, they argue that be- with a fair and open mind. There is ‘‘no’’ vote if we didn’t vote. We would cause the National Mediation Board’s simply no evidence to support this be outraged at that. old rules are 75 years old, they should claim. On May 12, 2009, Ms. Puchala an- In addition, in our contests for re- remain unchanged. Well, just because swered a written question from the election, we would be outraged if every something is old doesn’t mean it Senator from Georgia. He asked:

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7375 Please state your views regarding the im- it that workers are compelled to walk I do not know if that was judgment portance of honoring the Board’s 60-year his- across broken glass, to go through on merit or whether it happened to be tory of precedents in matters involving rep- some kind of a boot camp harassment just coincidental timing. I will say it resentation and mediation. to exercise what is their legal right in was probably not based solely on the That was the question. Ms. Puchala this country: to join a legal organiza- merit of the decision. responded: tion? Why should they have to go Secondly—and I love the Senator The board has a long history of precedents through all that? That is why I have from Iowa. He and I are dear friends— in matters involving representation and me- supported the Employee Free Choice if you follow his thought process on diation. I think it is important to review Act. not counting ‘‘no’’ votes, you have to each case on its merits and to consider all Let’s be clear what we are talking look at this. Past practice at the Na- applicable precedents when making deci- tional Mediation Board dictated that sions. about today. Let’s be clear what this means with this new rule. It means an absolute majority of workers in the Sounds logical to me. It is important that rail and aviation workers have a class be required to vote to unionize, to review each case on its merits. I voice in the workplace. Some people and once that union takes place it is a would hope all individuals who have may consider that awful. I do not. It permanent decision. Yes, there is an appointed positions in the Federal Gov- means fair wages and benefits. It archaic straw-man alternative. How- ernment would take cases on their in- means better and safer working condi- ever, if you follow the thought of the dividual merits. Consider precedents, tions. It means workers have the right Senator from Iowa in its entirety, once of course, if they are applicable, but to to be heard. They have the right to or- we are elected to the Senate, we would consider it on its merits. ganize. They have the right to be heard not have to run for reelection again. As I understand it, that is precisely in collective bargaining. That is because the National Mediation what Ms. Puchala did in this instance. Indeed—I repeat—the Railway Labor Board has no decertification process. In the almost 6 months between her Act, as the Supreme Court noted, was This is essentially a permanent deci- confirmation and the publication of the expressly passed to ‘‘encourage collec- sion by the workers. I do not think it notice of proposed rulemaking on No- tive bargaining.’’ Maybe there are should be a permanent decision when vember 3, 2009, she had ample time to some who do not want to encourage one of us is elected to Congress. That is carefully consider all points of view collective bargaining. I think we are why we have elections in Congress about the proposed change and imple- better off when we do have collective every 2 years or in the Senate every 6 mented what she considered to be a fair bargaining and we respect the rights of years. rule. As a Federal judge wrote in re- workers in this country. Let’s remember this is a decision. jecting these challenges: These are the goals I hope every When we change this rule, we are al- The level of detail with which the agency Member of the body could support. I lowing a minority to make a perma- considered and discussed negative comments applaud the National Mediation nent decision for a class of workers. in the Final Rule belies allegations that the Board’s decision to discard an out- That is a very high threshold. I think Board rushed its consideration of the new dated, antidemocratic rule, and to en- requiring a majority vote of all those rule. . . . sure fundamental fairness to rail and affected not only makes sense, but the That is a Federal judge. aviation workers in this country. Why reason it was done was to protect the Opponents have also argued—and I should they be the only ones, among National Mediation Board’s intent in just heard this—that the Republican all the workers in this country, all the first place in terms of interstate National Mediation Board member those covered by the National Labor commerce in the United States of Elizabeth Dougherty was unfairly ex- Relations Act, why should these two be America. Another point Congress had cluded from the consideration of the the only ones where if they do not no say in this process, even though Ar- new rule. While I believe the internal vote, it is counted as a ‘‘no’’ vote. It ticle 1 of the Constitution of the deliberative processes of agencies does not happen anywhere else. It is an United States allows only us to regu- should appropriately be kept confiden- arcane, outdated rule. It should be late commerce. tial, I am reassured by the district brought into the spirit of democracy I wanted to add those two points. On court’s finding on this point that there we have in this country. You can vote the case of merit, I think it is obvious was no evidence that the majority yes, you can vote no, or you do not there were some considerations specifi- board members violated any procedural have to vote. If you do not want to cally because of one vote, i.e, the vote rule or acted in bad faith. That was the vote, you should not be assigned a of the AFA and IAM. That is why the finding of the district court. ‘‘yes’’ vote or ‘‘no’’ vote to the fact you unions withdrew their applications and Finally, throughout the course of the did not vote. It should not be counted postponed the vote, to give the Na- public debate over this rule change, op- at all in the outcome of the election. tional Mediation Board an opportunity ponents of the new rule have claimed I strongly encourage my colleagues to pass the rule and affect a pending that the National Mediation Board is to oppose this resolution of dis- vote to organize. trying to ‘‘do card check by running approval. I wanted to make a point with regard around the backdoor.’’ Madam President, I yield the floor. to current policy not allowing people This is just pure nonsense. The Na- The ACTING PRESIDENT pro tem- to be represented. Under the Railway tional Mediation Board rule has noth- pore. The Senator from Georgia. Labor Act, 72 percent of the employees ing to do with the Employee Free Mr. ISAKSON. Madam President, let are unionized versus the 8 percent for Choice Act or card check. It does not me take a moment to share a few alter- all American workers. Nobody is talk- modify in any way the way rail and native ideas to the distinguished Sen- ing about a rule preventing organiza- aviation workers vote. Rather, it sim- ator’s representation. tion. We are only talking about requir- ply makes clear that a decision not to First of all, with regard to Ms. ing a threshold because of the perma- vote will not arbitrarily be treated as a Puchala’s response to my question in nency of the decision. That is very im- ‘‘no’’ vote. the confirmation hearing that all rules portant. While this debate has nothing sub- ought to be judged on their merit, I We are not trying to skew the bal- stantive to do with the Employee Free think that is a very good response. But ance between labor and management. Choice Act or card check, there is one it is coincidental or ironic that in one We are trying to equalize that balance. common thread. At the heart of opposi- of the largest union votes in the his- To change this rule, given the thresh- tion to this rule, and also at the heart tory of America—the vote that will old that has been in place for 75 years, of opposition to the Employee Free take place between Delta and North- is to skew the process in favor of union Choice Act, is a fear on the part of west employees on whether to unionize bosses over workers’ rights. That some people that, yes, workers will ex- flight attendants—that when they were should not be the intent of the Con- ercise their fundamental right to orga- sworn in as board members, the pre- gress of the United States. That is why nize. vious application by the union for an the National Mediation Board rules are I want to make it very clear. I hap- election was postponed to give enough what they are, and that is why the Su- pen to be a supporter of the Employee time for the rule change to take place preme Court of the United States has Free Choice Act. I keep asking: Why is in the first place. twice upheld it.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7376 CONGRESSIONAL RECORD — SENATE September 23, 2010 Madam President, I am happy to did not have authority to administra- hours to comment on a rule that scraps yield 10 minutes of my time to the dis- tively change the form of the NMB’s a precedent which had existed for 75 tinguished Senator from Utah, Mr. ballot used in representation elections years and which is likely to dis- HATCH. and that such a change, if appropriate, combobulate two great industries. I The ACTING PRESIDENT pro tem- could only be made by Congress. That thought this form of arrogant, rushed, pore. The Senator from Utah. is until now. exclusionary rulemaking only exists in Mr. HATCH. Madam President, I The new members of the NMB, after Congress when the majority wants to thank both my colleagues. assuring this Senate under oath at steamroll legislation. It has become customary to expect their confirmation hearings that they Finally, while changing the rules for pendulum swings in labor law each had no plans to reverse precedent, after certification of a labor representative, time the White House changes hands only months on the job, reversed the the NMB flatly refused to even con- and appoints new government officials NMB’s longest standing precedent. sider the democratic procedure of de- to lead the Federal executive branch By rule, the NMB now certifies rep- certifying the labor representative and independent agencies. Sometimes resentatives elected by a minority of should the employees so freely and the law changes every 4 years, depend- the craft or class so long as they con- independently choose. Now, I have ing on who is sitting at the NLRB, De- stitute a majority of those voting. This heard of ‘‘one man, one vote,’’ but ig- partment of Labor, OSHA, EEOC, and is not just a minor change, this change noring the right of the employees to so on. One year a particular issue destabilizes the cornerstone of stable decertify a union is more like ‘‘one might favor labor, and 4 years later the labor relations under the Railway man, one vote, one time.’’ How can you very same issue might favor manage- Labor Act and 75 years of NMB prece- have a democratic process where a mi- ment. dent which was consistent with the nority of employees can vote a union in By analogy, at the NLRB, for exam- plain statutory language and congres- without having a mirror process allow- ple, 1 year graduate school teaching as- sional intent. ing the majority of employees to be sistants are students not covered by Here is how it is destabilizing. First, able to vote the union out if a majority the National Labor Relations Act. The the former law which required election of employees become dissatisfied with their representation? next year they are deemed to be em- of a representative by a majority of the Today, we should stand up and say ployees covered by the act. Then short- craft or class quelled any doubts about ly thereafter, they are once again no—no, you cannot tell us one thing in the authority of the selected represent- deemed to be students. Soon we may confirmation hearings and courtesy ative. The new procedure will do noth- learn they will once again be employ- visits and then do exactly the opposite ing but foment dissent. on the job. We should exercise our vot- ees. Second, the former certification pro- The same is true with regard to the ing rights in the Senate under the Con- cedure facilitated the process for em- definition of ‘‘supervisors’’ excluded gressional Review Act to review this ployees and their representative to from the National Labor Relations Act. outrageous NMB rule which benefits work cohesively toward negotiating One would think that after 75 years, only one group—labor unions—not em- the NLRB would be able to define who and maintaining agreements with an ployees, certainly not employers, and is and who is not a supervisor. Instead, air or rail carrier. The carrier knew the not the public. the law changes as the political pen- majority of the entire craft or class Madam President, I yield the floor. dulum swings. supported the union, not simply a ma- The ACTING PRESIDENT pro tem- What has actually changed other jority of those voting. This gave the pore. The Senator from Georgia. than the people confirmed by the Sen- representative more standing. The new Mr. ISAKSON. Madam President, I ate to make the decisions, to call the procedure will undermine the rep- suggest the absence of a quorum, and I shots? Without any evidence of resentative’s authority. ask unanimous consent that the time changed circumstances in the work- Third, the former certification proce- during the quorum be equally divided place or relieving the agency’s own ad- dure discouraged raids by rival unions between the majority and the minor- ministrative burden—in fact, without and interunion conflicts. The new pro- ity. any evident rationale—the only appar- cedure will encourage such raids. The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- ent reason for the changes in the Fourth, the former certification dered. The clerk will call the roll. NMB’s representation election process process recognized the reality in the air and rail industries that, unlike the The assistant legislative clerk pro- is in the people who call the shots. ceeded to call the roll. Obviously, this is not the way to pro- National Labor Relations Act, negotia- tions for collective bargaining agree- Mr. ISAKSON. Madam President, I mote stability in labor relations and ask unanimous consent that the order employment law. It makes it difficult ments cover a broad craft or class of employees spread over multiple, geo- for the quorum call be rescinded. for employers, employees, unions, and The ACTING PRESIDENT pro tem- graphic locations. Therefore, there is a the lawyers counseling them to ever be pore. Without objection, it is so or- strong need to demonstrate majority assured what the law is in any given dered. area or any given time. support across those geographic loca- Mr. ISAKSON. Madam President, I Mercifully, for some issues and at tions, not as the current procedure, yield up to 6 minutes to the distin- some agencies, it does not work that smaller units of employees. guished Senator from Nevada, Mr. EN- So, if anything, the new rules are de- way. Until recently, that could be said SIGN. for the National Mediation Board and stabilizing rather than promoting The ACTING PRESIDENT pro tem- the process by which it conducted greater stability. The result ignores pore. The Senator from Nevada. union representation elections. the clear congressional statutory man- Mr. ENSIGN. Madam President, I rise For 75 years, the procedure which has date to maintain stability in the air today to discuss the resolution before been applied consistently by the NMB and rail industries. us—a resolution of disapproval to pre- for conducting union representation I repeat, after assuring us they would vent the implementation of the recent elections has been the same. not do so, the new NMB members over- National Mediation Board regulations. Boards appointed by Democratic ruled 75 years of precedent which had Many Americans are likely unaware of Presidents Roosevelt, Truman, John- been consistent through both Demo- the vote we are about to have today, son, Carter, and Clinton have agreed cratic and Republican administrations. let alone the controversial rule it con- that the process through which labor And how did they do it? It certainly cerns. organizations obtain certification as speaks volumes that the rule was de- Last May, the National Mediation the representative of a majority of the veloped without the input or participa- Board finalized a new regulation that craft or class is the cornerstone of sta- tion of the sole Republican member of would turn 75 years of union voting ble labor relations in the air and rail the three-member NMB, former Chair precedent on its head. I believe a vote industries. That has been the law for 75 Elizabeth Dougherty, who was notified to support this resolution of dis- years. of the existence of a proposed rule late approval is a vote to protect our Na- In fact, the NMB appointed by Presi- one morning and given 24 hours to re- tion’s workers. Specifically, the Na- dent Carter unanimously ruled that it view the rule and draft a dissent—24 tional Mediation Board has changed

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7377 the voting rules under the Railway the private sector. So it can’t be the choose to vote on whether to organize, Labor Act. The Railway Labor Act is case that this new policy is in response a majority of 6 members voting yes the law that sets labor union rules for to the failure of 75 years of voting would bring all 100 members under railways and airline employees. For precedent or employers blocking the union control. That is not the way the the past 75 years, under this act, a ma- ability for employees to unionize. In law was ever intended to operate, and jority of employees in an ‘‘organizing fact, workers at Delta have voted down it should not be changed by an arbi- unit’’ have had to vote yes to form a six organizing drives over the past 10 trary action on the part of this Board. union. Under this new change, only a years. Not only would a minority of workers majority of employees who actually This Nation is facing unprecedented have a tremendous influence over other vote are needed to form a union. economic difficulties. I speak from ex- employees in such a workplace, but How does this new rule work in prac- perience. The unemployment rate in when a union is formed, employees tice? For example, if an airline has my State of Nevada is 14.4 percent. We would not have the same right to de- 1,000 employees who are nonunion lead the country, unfortunately. The certify the union under the new minor- today, currently 501 must vote yes to Federal bureaucracy should be working ity rule. unionize. But under this new union to strengthen our economy, not create While the Obama administration is rule, if only 300 of those employees an environment for American busi- attempting to amend our labor laws in vote, then it would require only 151 of nesses that leads to an uneven playing order to facilitate the unionization those employees to unionize and speak field and, at the end of the day, more process, the old majority rule was any- for the entire 1,000 employees. Since uncertainty. Uncertainty does not help thing but anti-union because today an there is no procedure to deunionize create jobs. average of 72 percent of railway and under the Railway Labor Act, once this To conclude, the members of the Na- airline employees are unionized, com- union is formed, these 1,000 employees tional Mediation Board have not pro- pared to only 8 percent of all workers would be permanently unionized. There vided Congress with any substantial in the remainder of the private sector. is simply no way to vote out a certified evidence that a change in union voting Not only is the new rule change union in this part of the law even if a procedures is needed. I believe this rule flawed, but the procedure by which it majority is unhappy with the union change is a sign of a dangerous trend— came about was dreadfully biased. The leadership. This doesn’t make sense a trend that runs counter to the core National Mediation Board is made up given that the National Labor Rela- principles of American democracy and of three members and has existed since tions Act—the law that governs most the ability to choose freely through a 1934 to coordinate labor-management labor unions in this country—does fair voting process. As such, I urge my relations within the railroad and air- allow workers to deunionize. colleagues to support Senator line industries. The two Democratic It is also concerning that the Na- ISAKSON’s resolution, S.J. Res. 30, and appointees decided to move forward tional Mediation Board effectively vote down the National Mediation with this rule change without input or blocked out the input of its sole Repub- Board rule. participation from the Republican-ap- lican member, Chairman Elizabeth Madam President, I yield the floor, pointed Chairman. Dougherty, during the rulemaking and I suggest the absence of a quorum. What the National Mediation Board process. Chairman Dougherty stated: The ACTING PRESIDENT pro tem- has implemented goes beyond the scope The proposal was completed without my pore. The clerk will call the roll. of its capacity as well as its jurisdic- input or participation, and I was excluded The assistant legislative clerk pro- tion, and it is going to result in a rath- from any discussions regarding the timing of ceeded to call the roll. er lengthy court battle if this rule does the proposed rule. Mr. ISAKSON. Madam President, I come about. There is no need for this That sounds like what has been going ask unanimous consent that the order rule change when 72 percent of the air- on here lately. for the quorum call be rescinded. line and railroad industry is already It certainly doesn’t sound like the The ACTING PRESIDENT pro tem- unionized and has had the opportunity transparency on which the other side pore. Without objection, it is so or- to unionize under this law. The respon- of the aisle campaigned. dered. sibility of a change in labor laws of The American people listening to Mr. ISAKSON. Madam President, I this magnitude and affecting this many this debate may be thinking this rule yield up to 5 minutes to the distin- workers should ultimately rest with change sounds like nothing more than guished Senator from Georgia, Mr. Congress, not with a small board of po- a political payback to labor, and in my CHAMBLISS. litical appointees. opinion, they are right. The American The ACTING PRESIDENT pro tem- I am proud to be an original cospon- people listening today may also be pore. The Senator from Georgia. sor of the resolution of my colleague thinking this whole debate sounds Mr. CHAMBLISS. Madam President, from Georgia. I urge my colleagues to vaguely familiar, and they would be first of all, I thank my colleague from follow his lead on this issue and to right again. A proposal called card Georgia for allowing me to come over agree to this resolution. check may ring a bell. Recall that to speak on this issue, and I rise to I yield the remainder of my time to under the Democrats’ card check liti- concur with the resolution introduced Senator ISAKSON. gation, American workers would be de- by my friend and my colleague, Sen- Mr. ISAKSON. Madam President, I prived of the right to a secret ballot ator ISAKSON. suggest the absence of a quorum. when voting on whether to form a For more than 75 years, our labor The ACTING PRESIDENT pro tem- union. And while card check and the laws governing airline and railway em- pore. The clerk will call the roll. National Mediation Board rule change ployees have been upheld under both Mr. ISAKSON. Madam President, I may not be one in the same, they both Democratic and Republican adminis- ask unanimous consent the order for lead to an identical outcome: under- trations and in two Supreme Court de- the quorum call be rescinded. mining the fundamental rights of cisions. Recently, however, the Na- The ACTING PRESIDENT pro tem- American workers. tional Mediation Board acted unilater- pore. Without objection, it is so or- You may be asking whether this rule ally to change a longstanding statute dered. will help workers in the airline and without seeking the consent of Con- Mr. ISAKSON. I ask unanimous con- railway industries unionize. Perhaps gress. sent to reinstate the quorum call pro- this rule is needed because the employ- Unfortunately, this change is based viding the additional time used is ers have stacked the deck of cards more on politics than on the merits of equally divided between the majority against unionization efforts. But let’s the law. Historically, if you had 100 and minority. look at the facts. An average of 72 per- employees who wanted to vote to form The ACTING PRESIDENT pro tem- cent of airline and railway employees a union, you would need a majority of pore. Without objection, it is so or- today are unionized, compared to only those employees—or 51—to vote in dered. 8 percent in the rest of the private sec- favor of unionizing. Now, in accordance The clerk will call the roll. tor. I repeat: 72 percent in airlines and with the new rule change from the Na- The assistant legislative clerk pro- railways, only 8 percent in the rest of tional Mediation Board, if 10 members ceeded to call the roll.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7378 CONGRESSIONAL RECORD — SENATE September 23, 2010 Mr. CARDIN. Madam President, I ask who participate get the right to decide. elections will not work like that going unanimous consent the order for the You cannot participate by not partici- forward. But that is how they worked quorum call be rescinded. pating and that is what the rule makes in the past. In a 2008 Delta flight at- The ACTING PRESIDENT pro tem- clear. We will count the votes that are tendant election, the outcome was 5,306 pore. Without objection, it is so or- cast, but we are not going to count in favor of union representation out of dered. those votes that are not cast. I urge my 5,375. That sounds like a pretty strong Mr. CARDIN. Madam President, I colleagues to oppose the resolution. victory in favor of the union, right? thank Senator HARKIN for his leader- I yield the floor and suggest the ab- Wrong. The National Mediation Board ship on this issue in opposing the Sen- sence of a quorum. was forced to compute the tally by ate Joint Resolution 30. I join him in Mr. HARKIN. If the Senator will counting nonvoters as ‘‘no’’ votes; urging my colleagues to oppose the res- withhold the request for the quorum thus, it ended up with 5,306 votes in olution. call. favor of the union and 8,074 not in The National Mediation Board is an Mr. CARDIN. I will withhold it. favor. So the vote failed, even though Mr. HARKIN. Madam President, how important entity. They have the re- less than 1 percent of those voting sponsibility to oversee labor-manage- much time do we have on our side? The ACTING PRESIDENT pro tem- against the union represented actual ment relations in the rail and aviation cast ballots. industry. On May 11 of this year, they pore. The Senator has 35 minutes. Mr. HARKIN. On the opposite side? I should admit I have a special con- issued a final rule that allowed a ma- The ACTING PRESIDENT pro tem- cern in this debate. My home State is jority of voting employees—let me re- pore. There is 22 minutes. home to thousands of Delta employees. peat that, a rule that allows a majority Mr. HARKIN. We have 35 minutes left Prior to the merger, they were North- of the voting employees—to determine on our side. I yield 10 minutes or how- west employees and most were union- the outcome of union representation ever much he needs, up to 10 minutes ized. Now they are facing a scary pros- elections. to my friend, the Senator from Min- pect: losing union representation after I don’t understand the controversy. I nesota. enjoying its benefits for decades. Union thought we all agreed that majority The ACTING PRESIDENT pro tem- representation has provided them with rules, as far as what should happen. pore. The Senator from Minnesota. living wages, retirement security, and The rule is common sense. Let me ex- Mr. FRANKEN. Madam President, I health benefits. Compare this to a plain the problem. I know it has been rise to discuss my opposition to the flight attendant for a different airline said before on the floor. resolution before us, the resolution dis- who revealed she was eligible for food Prior to this regulation, if a person approving the National Mediation stamps, despite working full time. did not show up and did not vote, it Board’s ruling on election procedures. In professions in which full-time was counted as a negative. Suppose we This ruling finally brings union elec- workers get food stamps, union rep- conducted our elections that way. Sup- tion rules in the rail and aviation in- resentation is even more vital. The pose we were to say that if a majority dustries in line with union elections in NMB rule change will give Delta work- of people do not show up to vote, you every other industry. It also brings ers a meaningful choice, the same do not have an election. It makes sense them in line with every other demo- meaningful choice voters have in every that we count the votes that are cast. cratic election for public office at the other democratic election in this coun- We don’t know, from who does not Federal, State, and local levels. try. The claim that this rule change is vote, how they would vote, and to say Today, after the NMB rule change, a unfair or undemocratic is simply not that is a negative defies the demo- union election at an airline will be like true. This change will bring real de- cratic system we hold so dear in this any other election. Employees who are mocracy to elections in the airline and country. Not participating voters were the voters will have the opportunity to rail industries. I think we can all agree counted as ‘‘no’’ votes, and this regula- access a ballot. If they want union rep- that democracy has served our country tion makes it clear that will no longer resentation, they will vote yes. If they well. I think we can agree on that. I be the case. do not want union representation, they urge my colleagues to vote against this Opponents of this rule change argue will vote no. If they do not have a resolution. the Board does not have the authority strong opinion or if they forget to vote, I yield the floor. to change the rule. That is not true then they do not count. Election offi- The ACTING PRESIDENT pro tem- also. The Railway Labor Act gives the cials count up the cast ballots and the pore. The Senator from Georgia. NMB discretion on conducting union category with the most votes wins. Mr. ISAKSON. Before I introduce elections and procedure is not outlined Does anything about that description Senator ENZI, the distinguished Sen- in the statute. U.S. Supreme Court and raise any flags? Probably not. Because ator from Minnesota asked a rhetorical District Court decisions have con- that is how elections work in this question regarding this election being firmed that authority, so they have country. Prior to the NMB rule change, similar to an election to the Senate. I that authority. an airline union election worked very would note one remarkable difference. Then the opponents say this rule is differently. Election officials counted National Mediation Board elections are about the Employee Free Choice Act, people who did not vote as ‘‘no’’ votes. unionized under current law as a per- an issue that has some controversy Imagine if Senate elections worked manent decision. Senators are elected among some of my Members. But that that way for us—if, to elect a Senator, every 6 years and then stand before the is not true. This rule deals with areas 50 percent of the eligible voters in the voters once again, so there is a signifi- where we already have union represen- State had to vote for a candidate. In cant difference between those two tation. the 2000 elections, when every single standards. I was proud to join 38 of my Senate State except for my home State of Madam President, I will recognize for colleagues in signing a letter in De- Minnesota had less than 60 percent up to 10 minutes the distinguished Sen- cember of 2009, encouraging the Na- turnout, what would have happened? ator from Wyoming. tional Mediation Board to change its Let’s say, for the sake of it, that all The ACTING PRESIDENT pro tem- outdated union election procedures. the races had as high a turnout as Min- pore. The Senator from Wyoming. That is exactly what they have done. nesota—60 percent. They did not, but Mr. ENZI. Madam President, I rise The old procedure is not used in any let’s say so. In order to capture 50 per- today to urge my colleagues to join me other union elections. It does not fol- cent of the entire electorate, a can- in supporting this joint resolution dis- low the democratic norm for elections didate would have to get 84 percent of approving the National Mediation that all Americans value and respect. the votes cast. If no Senator captured Board rule that will deprive railway The old procedure does not even make 84 percent under the old NMB rules, and airline employees of a voice in any sense. those States would not get a Senator. their representation elections. I urge my colleagues to oppose S.J. There would be no one here or almost For 75 years, the Board’s procedure Res. 30. To me, this is a matter of basic no one. It would be a lonely place. for voting on union representation fairness. It is a matter of what the val- Thankfully, that is not how Senate properly reflected the geographically ues of our Nation are all about. Those elections work. Thankfully, airline broad workforce of the rail and airline

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7379 industries. Under this time-tested pro- plified the process for employees to get nized a union in the workplace by card cedure, the workforce would become rid of their union. But, despite requests check, employees had the right to re- unionized if the majority of all the to do so during the notice and com- quest a secret ballot vote to show workers in a class voted to join a ment period for the rule, they did not. whether they actually wanted union union. In fact, employees stuck in unions they representation. This was an important The new rule has changed the way do not support because of this rule will ruling to protect workers from union employees’ votes are counted in order also not have the benefit of State right coercion and intimidation that can to favor the union. For 75 years, not to work laws, which would allow an occur in the card check process. The voting at all has counted as a no vote. employee to opt out of full union mem- ruling gave employees a voice in Now, employees who do not vote or bership and dues obligations. The Rail- whether they actually wanted union cannot vote will lose any chance to way Labor Act preempts the 22 States representation, instead of having their weigh in on the question of union rep- that have adopted right to work laws. employer and a union decide for them. resentation. In fact, a minority of The Board has acknowledged that its Now fast forward to August 2010. The workers in a class could determine the primary duty in resolving representa- NLRB has just decided to revisit that fate of the entire workforce. This new tive disputes is ‘‘to determine the 2007 ruling. Why? There has not been a rule conflicts with the plain language clear, uncoerced choice of the affected major shift in management-labor rela- of the statute. The method for select- employees.’’ I could not agree more. tions that warrants such a change. In ing a union is expressly described in But that important duty needs to fact, the 2007 ruling has served as an the Railway Labor Act: ‘‘The majority apply equally when employees seek to important oversight mechanism. Ac- of any craft or class of employees shall vote a union out of their workplace. cording, to the Wall Street Journal, have the right to determine who shall The fact that the new rule fails to in- since the 2007 ruling, 1,111 workplaces be the representatives of the craft or clude a decertification process based on have become union by the card check class for the purposes of this Act.’’ No the majority of votes cast, is not only process, of which 54 of those have de- matter what the Board’s policy jus- troubling, but evidences the true in- manded a vote. Only 15 of the 54, voted tifications for this rule are, the law is tent of the Board and this administra- against the union. So clearly, the 2007 clear. Supporting this resolution will tion to tilt the playing field to favor ruling has not led to huge losses for the send a message to those who want to unions over individual workers’ rights. unions. But it did give employees a say change this 75-year-old rule to favor Last year this body unanimously in their workplace. unions in an industry that is already confirmed two nominees to the Na- This Congress should be very con- majority unionized. The only appro- tional Mediation Board. Several mem- cerned about the current state of these priate manner to create new policy bers of the HELP Committee, including administrative boards that were in- here is to amend the statute. my office, specifically asked each of tended to be independent. Concealed Proponents of the new rule say the them about their position on changing agendas cannot become the norm for election procedure under the Railway the way a majority in a unionization Senate confirmed positions. If it is Labor Act should mirror the procedure election is measured. In reply these then we will have difficulty confirming used under the National Labor Rela- nominees stated that they had no pre- anyone whose former employer would tions Act. While this procedure may conceived agenda to alter election fall under the nominee’s jurisdiction. work fine with smaller units of work- rules that have been in place for 75 I thank the Senator from Georgia, ers, typically working within the same years. Yet, practically before the ink Mr. ISAKSON, for offering this resolu- workplace, it is not an equitable meth- had dried on their confirmations, these tion to send a message to the National od for workers in the railway or airline two nominees began pushing through Mediation Board that when they seek a industries. The classes of railway and this regulation which is a wholesale re- change in policy, they must do so with- airline workers were intentionally cre- versal of those rules to the benefit of in their constitutional and legal au- ated to be systemwide in order to allow labor unions. It is not as uncommon as thority. uniform workplace rules and prevent it should be for nominees to say one I also note that every member of our the shutdown of an entire carrier thing in their confirmation hearings caucus has cosponsored Senator should there be a strike in one local. and act differently once in office, but ISAKSON’s resolution and joins him in With workers geographically spread this example may be one of the most sending this message. I urge all of my out across the country and working on concerning because of the way it was colleagues to vote for this resolution. different shifts, it is difficult for trans- done. Mr. LEVIN. Madam President, I have portation industry employees to com- In their haste, the majority NMB long supported the rights of workers to municate their views with coworkers members thoroughly disregarded the form unions, and I support the Na- and voice their opinions during a union rights of the single minority member. tional Mediation Board’s new rule al- election. For 75 years, abstaining has The minority member was given no no- lowing those in the rail and airline in- been a way of saying ‘‘not sure’’ or tice about the other Board members’ dustries to form a union based on the ‘‘need more information,’’ as well as plans, including even the fact that votes cast by a simple majority, a basic ‘‘no.’’ In many companies, unions try there was a rulemaking effort under- principle of democracy. year after year to gain the backing of way. Instead, she was presented with Under the previous rule, a vote not a majority of employees through elec- the proposed rule to be published and cast was counted as a vote against the tions. This rule change silences those given 11⁄2 hours to review and deter- union, in spite of the fact that it is im- who do not vote because they don’t feel mine if she would support it. They even possible to discern the intention of like they have gotten enough informa- tried to stop her from publishing a dis- someone not casting a vote. The new tion to decide. Instead of requiring a sent to the rule proposal. Silencing dis- rule adopted by the National Mediation union to convince the workforce to senting views appears to be an alarm- Board mirrors the practice of the Na- support the union, the Board is seeking ing trend at the Board. And unfortu- tional Labor Relations Board, which to allow unions to force their way in. nately, it has gone beyond the National oversees union elections in other sec- This is a matter of deep concern be- Mediations Board. tors, and it mirrors the rules by which cause once a union is certified, there is Over at the National Labor Relations we choose our elected officials: the no way to decertify it. Board, workers’ rights and freedoms only votes counted are those actually Currently, the Board does not have a are similarly at risk. Just recently, at cast. specific decertification process. This the end of August, the NLRB chose to Discontinuing this unfair and un- makes it nearly impossible for employ- revisit a 2007 ruling known as Dana democratic practice was the right ees unhappy with their union to orga- Corp. that protected workers’ rights to thing for the National Mediation Board nize their fellow employees and vote a secret ballot vote. In that 2007 ruling, to do. The new rule is fair to all par- the union out of their workplace. It the Board held that card check was in- ties, and is consistent with our demo- seems logical that since the Board ferior to the use of secret ballot voting cratic traditions. For this reason, I do acted to make it easier for employees in union elections. The Board con- not support the Isakson resolution op- to join a union, it would have also sim- cluded that when an employer recog- posing this new regulation.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7380 CONGRESSIONAL RECORD — SENATE September 23, 2010 The PRESIDING OFFICER. The Sen- that is hardly the case today. Hardly. somehow almost degraded as not even ator from Iowa. Everyone knows about it with instant being worthy of being citizens in this Mr. HARKIN. Madam President, I do communications and everything else. country; that somehow a union has not have any more speakers on our That is hardly the case today. dark overtones, that somehow unions side. I wanted to respond on a couple of It is time to get rid of old, archaic are destructive or not in keeping with issues that have come up here in the rules that govern certain kinds of elec- American society or who we are as a remarks in the last several minutes, tions. Gosh knows, we have had a lot of people. last hour and a half, I guess, since we old archaic rules in elections in this If we look at the history of the coun- have been here. country going back to Jim Crow laws try, it was unions that built the middle First, having to deal with the idea and things such as that. But we have class in America. I defy anyone to re- that somehow under the National Me- moved beyond that, and those old fute what I just said, that it was unions diation Board when there is an election kinds of rules should not apply any that built the middle class. It was for a union that it is permanent. Now, longer. So we move on and we recog- unions that instituted things such as right. I mean, my friend from Georgia nize that people ought to have the the minimum wage, such as safe work- is right. You cannot kind of compare it right to vote, and that if you do not ing conditions, such as making sure to Senators, because we have to run vote, it should not be counted as a no they had a fair share in terms of wages, every 6 years. I understand that. or a yes vote one way or the other. that they had an 8-hour workday and a I think it is still holds, though, that Regarding the issue of when the 40-hour workweek and time and a half should someone who does not vote be union is voted in, it is as though they overtime—all these things were counted as a no or a yes either way—I are forever, it is permanent. I have brought by unionization, people collec- would ask my friend from Georgia to heard that argument made. Well, that tively bargaining for wages, hours, and think about this in terms of not elec- is not necessarily true. But that is conditions of employment. Maybe tions for Senators but how about ballot under the National Labor Relations there are some who would like to undo initiatives? We have school bond Act the same thing. If a union is voted the Wagner Act. If they do, fine. I sup- issues, and school bond issues get, in, it is not voted in for 1 year or 3 pose some people believe we shouldn’t maybe, what, 30 percent of the vote years or 5 years. It exists until such have any unions at all. out. Should all of the people who do time as the union is decertified. China doesn’t have any independent not vote be counted no against a bond There are two processes. There is a unions. Do we want to be like that? issue? process under the National Labor Rela- Unions built the middle class in Amer- I do not know about my friend’s tions Act for decertification, and there ica. State of Georgia, but I know in Iowa is a process under the National Medi- Unions today do a very good job of we have retention ballot initiatives for ation Board for decertification. Essen- representing workers, both in the pub- our judges. We have a very good non- tially, with the exception of how they lic and private sectors. Today, we have partisan, nonpolitical way of getting start, they both rely upon an election too few people in America who actually judges. But then the judges come up on by secret ballot as to whether the belong to unions. We should have more, the ballot every so often. Yes or no, union will continue to represent the but we have made it more and more should they be retained? They do not workers of that plant or that industry difficult for people to freely exercise have to run against anybody and no or that association or whatever. their right to actually join a union. I one runs for a judgeship. But should Under the National Mediation Board, just looked at a list of countries in the they be retained? if a union was voted in, the employees G8. With the exception of Russia, Well, obviously not too many people could at some point say, look, I do not which I can’t get figures for, the vote on that. Should people who do not think enough people want to maintain United States basically is at the bot- vote be counted automatically as a no a union here. What they do is they put tom. Canada, 27 percent of their work- vote? I do not think people would like up a person to run in a union election, force is unionized; Japan, 18 percent; that. A lot of people do not vote be- a straw man. People know if they vote Italy, 33 percent; Germany, 19 percent. cause they may not have enough infor- for that person, they are voting to get Look at the economy of Germany. The mation to vote one way or the other, so rid of the union, because if that person United Kingdom is 27 percent, and the they leave it go and say, well, maybe wins, that person will not represent the United States is 11.9 percent. We are other people who know better could workers. down there at the bottom. One cannot have their votes counted yes or no. This is done. There is nothing wrong say that somehow if we have unions We have had ballot initiatives for with that. It is fine. So workers know and we are highly organized, that our minimum wages. Should all of those if they vote for this person, it ends the economy is going to be bad. Quite who do not vote be counted as no? I union. If they vote against this person, frankly, these other economies are think it is a very fundamental prin- it continues the union. It is all by se- doing as well or better than we are, and ciple of our system of government, as cret ballot. The National Labor Rela- they have pretty strong unions. the Supreme Court has said many tions Act is basically the same way. If I digress because it seems that time times in the past, that a ballot not cast an employer or employees want to de- after time we hear people in a subtle should not in any way influence the certify a union, they file a petition way hinting or implying that unions, outcome of the election, of any elec- with the NLRB, and then there is an by their very nature, are somehow de- tion. election, as to whether the union will structive of American free enterprise The outcome of the election is deter- continue to represent the workers. and our capitalist system. I don’t think mined by the yes and no votes, not by There may be a little bit of difference anything could be further from the people who do not vote, a very basic in structure between the National truth. If it were not for unions, our principle. So that is one point I wanted Labor Relations Act and the National economy would have gone down the to clarify. Mediation Board, but, in essence, they tubes a long time ago. This old rule of the National Medi- are the same thing. You have a secret Quite frankly, I believe one of the ation Board that people keep talking ballot as to whether the union con- reasons we have seen in the last few about, saying it is been the same for 75 tinues. So it is not that the union is years a widening gap between the rich years, I could quite frankly argue that there in perpetuity, it is there as long and the poor—and it is happening; no it should not have been that way in the as the workers want to continue to be one can refute that. The gap between first place, although as I said in my represented by a union. the very wealthy and those at the bot- opening statement I understand some Lastly, I will digress a little bit from tom is growing rapidly and has grown of the rationale for it, that 75 years the point at hand; that is, the issue at rapidly just over the last 10, 15, 20 ago, where you did not have rapid com- hand on the matter before us on over- years—is coincidental with the fact munications and things such as that, turning this rule, to say a couple of that fewer and fewer people belong to you would not want a small group that things about unionization and workers unions, and more and more unions are maybe had voted a union in, and other who belong to unions in our country. It being decertified or it is more difficult people did not even know about it. But is a shame that union workers are for people to join unions. Unions are

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7381 being busted through by one means or unions, don’t want to help unions. I Secretary of Labor for the Obama ad- another. want to make sure the playing field is ministration, sent to Cleopatra I often tell the story of my brother open and level and that the secret bal- Doumbia-Henry, Director of Inter- Frank. He is now deceased. He went to lot is fairly used, that people should national Labor Standards Department, work for a plant in west Des Moines, have a better chance at joining a union International Labor Office in Geneva, IA, back in the early 1950s. It was than what they have in the United Switzerland, who was asked a number unionized by the United Auto Workers. States today. That is why I am for the of questions regarding U.S. labor law My brother was disabled, but the owner Employee Free Choice Act. It will as it affects aviation and transpor- of the plant—it was privately held—Mr. strengthen the right of people to actu- tation. Delavan, owned the plant and hired a ally freely and openly join a collective There being no objection, the mate- lot of people with disabilities. They bargaining unit. That would be better rial was ordered to be printed in the had good jobs, good wages and hours. It for the country. I state that unequivo- RECORD, as follows: was a great place to work. He worked cally. The more and more we denigrate U.S. DEPARTMENT OF LABOR, there for 23 years. He worked there for workers in terms of their ability to col- BUREAU OF INT’L. LABOR AFFAIRS, 10 years one time, his first 10 years, lectively bargain, we will hurt the Washington, DC, October 8, 2009. and they gave him a gold watch be- economy. When we strengthen unions, MS. CLEOPATRA DOUMBIA-HENRY, cause in 10 years he never missed 1 day when we strengthen people and give Director, International Labor Standards De- of work and was not late once. In fact, partment, International Labor Office, Gene- them better rights and better chances va, Switzerland. in 23 years, he only missed 5 days of to organize and bargain collectively, DEAR MS. DOUMBIA-HENRY: Enclosed are work because of a blizzard. In all those then more and more of our money, our the observations of the United States Gov- years, they never had one labor strike, national economy, more of that will go ernment in Freedom of Association Case No. not one labor problem, no strikes, to the workers, maybe less to capital. I 2683 concerning the procedures and practices nothing. They would have their bar- think that is the way it should be. Too of the National Mediation Board, with par- gaining agreement. They would bar- much of our money is going to capital ticular reference to flight attendants at gain with the owner. They would move and not enough to labor. We need a bet- Delta Airlines. I trust that this information will be brought to the attention of the Gov- on. They never had a work stoppage, ter balance there. About the only way erning Body Committee on Freedom of Asso- never had any problems, until Mr. that will happen is through collective ciation. Delavan got old and sold the plant to a bargaining. Per your request, we invited the U.S. group of investors. Count me as a person who is strongly Council for International Business to submit The investors came in and openly in favor of collective bargaining and their views, and those of Delta, on the com- bragged—and I have the newspaper to strongly opposed to this effort to over- plaint. We will transmit these observations prove it—if you want to see how to get turn a rule made by the National Medi- as soon as they are available. Sincerely, rid of a union, come to Delavan’s. That ation Board which I believe rights an SANDRA POLASKI, was in the Des Moines Register. injustice, rights a wrong, and says Deputy Undersecretary. When the contract came up for nego- that: In the future, if you have an elec- tiation, the employer refused to nego- Mr. ISAKSON. I will quote from her tion, if you don’t vote, your vote is not answer to question 15. tiate. They would sit down and talk for counted one way or the other. The out- Unlike the National Labor Relations Act a little bit, but nothing could be agreed come of the election will be decided by upon. It went on and on. Finally, the (NLRA), the [Railway Labor Act] does not those who vote yes or no in a secret provide for a decertification process. union had to call a strike, the first ballot. This is the Under Secretary of Labor time ever. The new owners, the inves- Madam President, I ask unanimous for the Obama administration. tors, brought in what the striking consent that at 12:20 p.m., there be 10 workers called the scabs, the replace- minutes of debate remaining on the Therefore, the union’s certification con- ment workers, brought them in, kept tinues until another union makes a showing joint resolution; that it be equally di- of interest to represent the respective class them there. One year later, they had a vided and controlled between Senators or craft. In this circumstance, as this show- vote to decertify the union because the ISAKSON and HARKIN; further, that at ing requires authorization from at least a new people there didn’t want to lose 12:30 p.m., the Senate immediately pro- majority of the class or craft, the alleged their jobs. They decertified the union, ceed to a vote on the motion to proceed disadvantage of NMB certifying method busted the union. to S.J. Res. 30, the joint resolution of works to the advantage of the incumbent Why did they want to do that? Be- disapproval. union. cause a lot of the people, such as my The PRESIDING OFFICER (Mrs. I didn’t say that; the Under Sec- brother who had worked there for 23 HAGAN). Without objection, it is so or- retary of Labor said that. years, had established seniority. They dered. With regard to the examples the dis- were getting paid a good hourly wage. Mr. HARKIN. How much time is on tinguished chairman used with regard But the new investors figured out they our side? to bond issues and the Missouri plan could get rid of all those people, hire The PRESIDING OFFICER. The Sen- and things of that nature, I wish to younger people, pay them a lot less, ator has 11 minutes. make a few points. and they would make more profit. That Mr. HARKIN. And on the other side? When you do vote for a bond issue, is exactly what happened. Investors The PRESIDING OFFICER. There is you vote it up or down. Most govern- made more profit. But they got rid of a 13 minutes. ment bond issues are 20- to 30-year lot of people and destroyed a lot of Mr. HARKING. I thank the Chair and terms, which means in 20, 30 years, lives. People who had worked there for yield the floor. they are over. Organization under the a long time and had families basically The PRESIDING OFFICER. The Sen- National Mediation Board is in per- were told they were used up, burned ator from Georgia. petuity. Then the distinguished chair- out, out on the trash heap out in back. Mr. ISAKSON. Madam President, I man talked about what I think is I often think about that. I think wish to address the remarks of the dis- called the Missouri plan, which is about what happened. There was no tinguished chairman which in many judges, where you can vote up or down reason to break that union other than ways validate the reason we should all on whether to continue a judge. You do to have more profits for the investors vote for S.J. Res. 30. I wish to tell my that about every 4 years in the State of and less for the workers. colleagues why. Iowa; right? Whatever the judicial That has been going on in this coun- The chairman said unionization is term is, it is not in perpetuity. This is try at least for the last 25 to 30 years. permanent, but it is kind of not perma- in perpetuity, with the narrow excep- So is it any surprise that fewer and nent if you make a decision under the tion stated. fewer people are getting more and National Mediation Board. I wish to Then, the chairman talked about the more wealth and more and more people clear that up. minimum wage. The minimum wage are getting less? I ask unanimous consent to print in has risen from $1 to its current level I hear people talking about unions the RECORD the October 8, 2009, letter because we periodically had elections and they don’t want to strengthen from Sandra Polaski, Deputy Under to change it. This is permanent.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7382 CONGRESSIONAL RECORD — SENATE September 23, 2010 So when we take the arguments he of America well, and served transpor- erate why this resolution of dis- made about being anti-union or not in tation well. We should not allow two approval should be defeated. favor of unions, the National Mediation members of an appointed board to over- No. 1, as has been adequately stated Board organization essentially guaran- turn 75 years of history and 75 years of many times, it is time to get rid of an- tees the organization of a union remain precedent. tiquated, outdated rules that say if you in perpetuity, which is why it ought to I reserve the remainder of my time do not vote, it is counted as a ‘‘no’’ require a majority of all people cov- and suggest the absence of a quorum. vote. That does not make any sense. ered. The PRESIDING OFFICER. The Again, this idea that it is in per- The chairman talked about an Iowa clerk will call the roll. petuity—it is not. There are ways for union that had been decertified. Those The bill clerk proceeded to call the people to get rid of unions under the employees work under the NLRA. We roll. NMB, as under the NLRB. So it is not can’t have it both ways. The Railway Mr. HARKIN. Madam President, I in perpetuity at all. It is just, again: Labor Act should be like the National ask unanimous consent that the order How should ballots be counted? Should Labor Relations Act, under which the for the quorum call be rescinded. a person who does not vote be counted decertification process is parallel to The PRESIDING OFFICER. Without as a ‘‘no’’? That should not be so. the organization process. objection, it is so ordered. Even if you accept the argument that I am honored and privileged to rep- Mr. HARKIN. Madam President, are it is in perpetuity, why should someone resent the State that is home to Delta we at 12:20 p.m., the time where we who does not vote be counted as a ‘‘no’’ Airlines. I know what kind of an em- have 10 minutes divided? vote? On the judges, we say that every ployer they are, and they do not de- The PRESIDING OFFICER. There is 4 years they are up. That is true; they serve to be vilified by the Obama Ad- 3 minutes until that appointed time. are not kind of in for perpetuity. But ministration. I have a letter I have al- Mr. HARKIN. I will take 3 minutes. why should someone who does not vote ready asked to be printed in the First of all, in response to my friend be counted as a ‘‘no’’ vote? It does not RECORD, but I would like to read a part from Georgia—and he is my friend; he make sense in any system. I do not of this letter from a Delta employee by is a great guy—this person, Ms. care what the length of time is or the name of Susan Powell of Buford, Polaski, Under Secretary of Labor, whether it is in perpetuity or for 2 GA. She writes: may have written a letter, but as months or 2 days; those who do not I have invested 31 years into a fabulous ca- Under Secretary of Labor she does not vote should not be counted no or yes, reer at Delta [Air Lines] and I feel so blessed work for the National Mediation one way or the other. to have been able to work for such a wonder- Board. She does not necessarily have Secondly, the National Mediation ful company all these years. The intentions the experience of interpreting its laws Board went through proper procedures of the National Mediation Board are totally in giving notice and comment in rule- transparent and should not be tolerated by or procedures. That is the job of the National Mediation Board itself and of making. As I said, they published it on Congress—or any other body or individual November 3 of last year, a detailed ex- (including President Obama) who claims to Federal judges, which, I have to remind embrace honesty, fairness and ethics. It is you, upheld the Board’s actions 100 per- planation of why they were considering abundantly clear to me that motivation of cent in this matter. it. They had 60 days of comment, 25,000 the newest . . . appointees to the National Secondly, on the matter of decerti- public comments, a public hearing. Mediation Board is to pave the way for an fication, I strongly disagree with my Thirty-four members of the public tes- Association of Flight Attendants to gain tified. friend from Georgia. There is a proce- entry into Delta Air Lines—I see no other Well, this is what Federal agencies dure under the National Mediation justification for imposing voting rules on do. They follow the Administrative Delta flight attendants contrary to the vot- Board, as under the National Labor Re- Procedures Act in doing this, and that ing rules applied to union elections at all lations Act. If a person wants to get rid is exactly what the Board did. other carriers. of the union under the NMB, they can So no one was misled. No one was That is a key point. file a petition, if they can get 50 per- kept out of it. There was no evidence I have loved my career at Delta and I am cent plus one person to show an inter- to support any claims that one member so proud of the monumental efforts my com- est—quite similar to the National somehow was excluded or did not have pany and my fellow employees have made to Labor Relations Act. If they can get 50 an opportunity to have input into this emerge from bankruptcy and return to prof- percent, they can file a petition with process. itability. I watched in horror years ago as the NMB. The NMB then has an elec- the unions at Eastern Airlines single- Again, I understand why this resolu- handedly brought their own company to its tion. If that person wins, that person is tion has come up. I understand that for knees—and I was forever grateful that I had not represented by any union, so the whatever reason, Delta Air Lines does chosen to work for Delta, as opposed to East- union is gone. There is just a little bit not wish to be unionized. Well, that is ern. It is my belief that an election in favor of a difference from the National Labor fine. That is their right. But there of the AFA will be the ruination of my com- Relations Act, but the outcome is basi- ought to be a process whereby the pany and the end of the blissful career I have cally the same. workers have a fair, open chance to or- enjoyed at Delta. So there is a way. The Senator is ganize, if they want to. It is not illegal I have tons of letters from Delta em- right. I would say my friend is right; it in this country to belong to a union— ployees—including from many who is not a formal decertification. But it perfectly legal. The National Medi- were employed by NMA before the is a way of getting rid of the union, one ation Board has set up rules and proce- merger—that are just like the remarks way or the other. It may not be formal dures under which workers who work made by Susan Powell. This is a great decertification, but it is a way that the for Delta or for Northwest—the com- company, a company where, on one of union can be gotten rid of under the bined group now—can decide whether its anniversaries, its employees raised NMB. they want to have a union. To me, that the money internally to buy the com- I yield the floor. is the American way. pany an anniversary jet for their fleet. The PRESIDING OFFICER. The Sen- So why should we now say: Well, no, Delta Air Lines is a great company ator from Iowa. we want that old rule that if you do that has operated under the National Mr. HARKIN. Madam President, how not vote, it is counted as a ‘‘no’’ vote? Mediation Board’s regulations since it much time now is remaining? That is what this is all about. Stripped was incorporated as an airline carrier The PRESIDING OFFICER. The Sen- to its essence, if you vote for the reso- in the United States of America. Those ator has 41⁄2 minutes remaining. lution introduced by my friend from regulations should continue without Mr. HARKIN. Madam President, as Georgia, what you are saying is, if a this pro-union change by the Obama an agreement between the Senator person does not vote, it is counted as a Administration, as they should for ev- from Georgia and myself, we have ‘‘no’’ vote. You are also voting to over- erybody else in the 75-year history who agreed that since he is the author of ride the National Mediation Board’s de- has been granted their rights under a this joint resolution, he will close out cision, which has already been upheld National Mediation Board regulation, the debate. I think that is proper. by Federal courts. which has served the industry well, I will just take a little bit of the re- But, in essence, that is what it is. If served commerce in the United States maining time on this side again to reit- you believe a person who does not vote

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7383 should have their vote counted as a flight attendant who talked about Sessions Thune Wicker Shelby Vitter ‘‘no’’ vote, you probably ought to vote their 31-year experience. Why would Snowe Voinovich for my friend’s resolution. I do not you, in the cause of a merger, have a think we should. union request for an election pulled out NAYS—56 I think we should uphold good demo- to give a board enough time to change Akaka Franken Mikulski cratic principles, principles by which, I the rules under which that election Baucus Gillibrand Murray Bayh Goodwin Nelson (FL) say, bond issues or other ballot initia- would take place? It is not fair. Begich Hagan Reed tives are always done. You do not I wish to also say the 1996 Congres- Bennet Harkin Reid count someone if they do not vote. We Bingaman Inouye Rockefeller sional Review Act is very important. Boxer Johnson do not do it here. We do not do it any- Congress ought to have a say-so in the Sanders Brown (OH) Kaufman Schumer Burris Kerry where in this country, and it should action of boards of the executive Shaheen Cantwell Klobuchar not apply here any longer. So I ask for branch. We do have a system of three Specter Cardin Kohl Stabenow a ‘‘no’’ vote on the resolution of dis- branches of government. We do have a Carper Landrieu approval so we can have free, fair, and system of checks and balances. But it Casey Lautenberg Tester open elections. has obviously been, apparently—as in Conrad Leahy Udall (CO) The PRESIDING OFFICER. The Sen- Dodd Levin Udall (NM) this case and in others—that this ad- Dorgan Lieberman Warner ator has used his time. ministration has attempted, where it Durbin McCaskill Webb The Senator from Georgia. can, to go around the authority of the Feingold Menendez Whitehouse Mr. ISAKSON. Madam President, I Senate in advice and consent, by ap- Feinstein Merkley Wyden keep hearing the argument that you pointing czars or, in this case, to go NOT VOTING—1 should not count a ‘‘no’’ vote; it is un- around the Senate of the United States Murkowski democratic. Today, at 2:15, the Senate by using the National Mediation Board. The motion was rejected. will vote on a cloture motion, and ev- I would respectfully submit this is a f eryone who does not vote is counted as legitimate question—not of whether a ‘‘no’’ vote as it requires 60 votes out you are for a union or against one or DISCLOSE ACT—MOTION TO of 100 to get cloture. So we have to prefer management and do not prefer a PROCEED—Resumed make that point from the outset, No. 1. union—this is a debate about extending The PRESIDING OFFICER. Under No. 2, this is not about being a 75-year-old precedent which has the previous order, the Senate will pro- antiunion or against unions or served the United States of America ceed to the consideration of the motion promanagement. This is about a 75- well and has been upheld in 12 adminis- to reconsider the vote by which cloture year-old history in the United States of trations and by the Supreme Court was not invoked on the motion to pro- America for the essential service of twice. It has been argued favorably by ceed to S. 3628, which the clerk will re- commerce in terms of railroads and those 12 administrations every time it port. airlines. We have historically had the has been challenged and by the current The legislative clerk read as follows: National Mediation Board rule that re- administration’s documentation, which Motion to proceed to Calendar No. 476, S. quired a majority of the people who I submitted, which has shown this is a 3628, a bill to amend the Federal Election would be affected in the class rather permanent decision at the National Campaign Act of 1971 to prohibit foreign in- than just a simple majority of those Mediation Board. fluence in Federal elections, to prohibit gov- voting for a very precise reason: be- I would submit, the right thing for us ernment contractors from making expendi- cause it is a permanent decision, as ref- to do is to join together today and vote tures with respect to such elections, and to establish additional disclosure requirements erenced by the quotes in letters from yes in favor of the motion to proceed to the Under Secretary of Labor. with respect to spending in such elections, S.J. Res. 30. I respectfully urge my col- and for other purposes. While I understand the chairman’s leagues to do that. remark that the Under Secretary of The PRESIDING OFFICER. Under I yield back the remainder of the the previous order, the motion to re- Labor is just the Under Secretary of time. Labor, she is the Under Secretary of consider is agreed to, and the time The PRESIDING OFFICER. All time Labor appointed by the President of until 2:15 p.m. will be equally divided having been yielded back, the question the United States. and controlled between the two leaders is on agreeing to the motion to proceed While the chairman says the courts or their designees. to S.J. Res. 30. have ruled in favor of this particular The PRESIDING OFFICER. The Sen- ruling of the National Mediation Mr. ISAKSON. Madam President, I ator from Washington. ask for the yeas and nays. Board, the Supreme Court has twice TAXPAYER ASSISTANCE ACT OF 2010 said they are wrong. Granted, those The PRESIDING OFFICER. Is there a Mrs. MURRAY. Madam President, I were in other cases. But twice the Na- sufficient second? ask unanimous consent that the Fi- tional Mediation Board authority has There appears to be a sufficient sec- nance Committee be discharged from gone to the U.S. Supreme Court, and ond. further consideration of H.R. 4994, tax- twice the U.S. Supreme Court has The clerk will call the roll. payer assistance, and the Senate then upheld it. The legislative clerk called the roll. proceed to its immediate consider- Even all the way back to 1976, Presi- Mr. KYL. The following Senator is ation; that all after the enacting clause dent Jimmy Carter, from the State of necessarily absent: the Senator from be stricken and the text of the Baucus Georgia, spoke eloquently about the Alaska (Ms. MURKOWSKI). substitute amendment, the text of Cal- importance of National Mediation The PRESIDING OFFICER. Are there endar No. 572, S. 3793, be inserted in Board rules and what it takes to any other Senators in the Chamber de- lieu thereof; that the substitute unionize under that versus the NLRB. siring to vote? amendment be agreed to, the bill, as So I appreciate very much the argu- The result was announced—yeas 43, amended, be read a third time and ments the Senator has made, but the nays 56, as follows: passed, and the motion to reconsider be facts are quite clear that it is better [Rollcall Vote No. 239 Leg.] laid upon the table; that the title for the United States of America, it is YEAS—43 amendment, which is at the desk, be better for workers in the transpor- Alexander Corker Isakson considered and agreed to. tation industry, and it has been his- Barrasso Cornyn Johanns The PRESIDING OFFICER. Is there torically upheld by the highest Court Bennett Crapo Kyl objection? in the land that the rules of the Na- Bond DeMint LeMieux The Senator from South Dakota. Brown (MA) Ensign Lincoln tional Mediation Board serve the peo- Brownback Enzi Lugar Mr. THUNE. Madam President, re- ple of the United States of America Bunning Graham McCain serving the right to object, will the better than any other alternative that Burr Grassley McConnell Senator from Washington modify her was presented. Chambliss Gregg Nelson (NE) request to substitute a Thune amend- Coburn Hatch Pryor So with all due respect, I would quote Cochran Hutchison Risch ment regarding extenders, the text of that letter, once again, from the Delta Collins Inhofe Roberts which is at the desk?

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7384 CONGRESSIONAL RECORD — SENATE September 23, 2010 The PRESIDING OFFICER. Will the matter of fundamental fairness for ergy tax credits in this bill to be able Senator from Washington modify her families in my home State of Wash- to compete on a level playing field. request? ington. As all of my colleagues know, These credits support companies that The Senator from Montana. State and local governments across the are working on new, innovative, and Mr. BAUCUS. Madam President, I am country use a number of different tools renewable energy sources, and they sorry. I was distracted. Is there a UC to raise revenue. Some have income will help them continue their work to request pending before the Senate at taxes, some use the sales tax, others unshackle this economy, tap the cre- this moment? use a combination of both. Families ative energy of our workers, and create The PRESIDING OFFICER. There is. who pay State and local income taxes good, high-paying jobs in my home Mr. BAUCUS. Might I ask, who is have long been able to offset some of State of Washington and across the en- propounding the unanimous consent re- what they pay for by receiving a deduc- tire country. quest? tion on their Federal taxes. But until This is exactly what our economy The PRESIDING OFFICER. It is of- 2004, taxpayers didn’t have the ability needs right now—jobs right away and a fered by the Senator from Washington. to deduct their State sales tax, which strong investment for the future. That The Senator from South Dakota has meant families and small businesses in is why it is so important the biodiesel asked for her to modify this request. States where that was their main rev- tax credit be extended, along with the Mr. BAUCUS. I object to the modi- enue source were paying more than R&D tax credit and other tax cut ex- fication. their fair share. That was wrong. Back tensions that are in the bill I just of- The PRESIDING OFFICER. Is there in 2004, I fought hard, along with Sen- fered to move and which was blocked, objection to the original request? ator CANTWELL and others, to change once again, by Republicans. These com- Mr. THUNE. Madam President, I ob- that provision and finally level the panies want to expand, they want to ject. playing field for Washington State. create jobs, and they were just told no. The PRESIDING OFFICER. Objec- I am proud to say that change saved This should not be a partisan issue. It tion is heard. families and small businesses in my is common sense. We put together a The Senator from Washington. State hundreds of millions of dollars bill that would extend tax credits to in- Mrs. MURRAY. Madam President, I every year. Unfortunately, however, dividuals and to small businesses—tax ask to speak as in morning business for the State sales tax deduction is due to credits that have been supported in the 10 minutes. expire this year. Unless we act—and we past by Democrats and Republicans The PRESIDING OFFICER. Without were just blocked from doing so—fami- alike. It is a bill that will provide in- objection, it is so ordered. lies across my State are going to suf- centives for clean energy companies to Mrs. MURRAY. Madam President, I fer. They are going to have less money expand and create jobs, and we need thank the chairman of the Finance in their pockets, and they are going to that badly now. It would allow families Committee, Senator BAUCUS, who has have more uncertainty in the Tax in my home State of Washington to de- been a true champion in helping us get Code. duct their local sales tax from their some critical tax extenders passed. I I have heard from a lot of my con- Federal returns, and that would sup- am deeply disappointed that the Re- stituents who have told me they are port companies that are innovative and publicans have again objected to us now holding off making major pur- creative and helping our economy get moving forward. chases simply because they are not back on track. Middle-class families in my home sure if that tax deduction will be there It is fully paid for, as this country State of Washington are struggling. I for them. They are putting off the pur- has told us we must do. It is respon- have heard from so many of them who chase of cars, of home appliances, and sible, and it is the right thing to do. have lost their jobs, who have seen that is hurting our State’s business cli- In my home State of Washington, their life savings disappear, who told mate, just as our small businesses are families are hurting. Many of them are me they were doing everything they struggling to recover. fighting every day just to stay on their can to pay their bills and keep their So this is not just about removing a feet. This bill isn’t going to solve every homes and get their lives back on bias in the Tax Code that is fundamen- problem overnight, but it will put track. And they are asking for just a tally unfair to States such as mine, it money back in their pockets and help little bit of help. So it is for these fam- is also about encouraging spending and our local businesses expand and create ilies and many others across Wash- boosting our economy, helping our jobs so we have hope for the future. It ington State that I come to the floor small business owners, and providing pays for those tax-cut extensions re- today. some long-awaited certainty so tax- sponsibly by closing corporate loop- Over the last few months, we have payers in my State can plan for their holes. tried to pass legislation that would ex- financial future. In other words, it is So Senate Republicans have again tend critical tax cuts for our middle- about helping middle-class families and opposed this, as they have in the past, class families across the country who supporting Main Street businesses. and the question is, Are they going to are struggling today and need some I also want to talk about another tax stand with middle-class families and support. But every time we try to pass credit that just got blocked. I recently innovative businesses such as Propel this bill, as we just tried to do, Senate visited a clean energy company in Se- Fuels to cut their taxes; or are they Republicans block it. They said no to a attle, WA, called Propel Fuels. This going to continue to stand with large commonsense proposal that will cut business has been fighting to market corporations to protect their unfair tax taxes for innovative companies that ex- domestically produced—domestically loopholes? pand and create jobs. They just said no produced, right here—low-carbon bio- Mr. President, I hope Senate Repub- to a bill that will help our clean energy diesel, but they depend on a critical licans have a moment to pause and companies compete and expand. They biofuels tax that expired. The bill I just think about the impact they are hav- said no to our plan to extend the crit- attempted to pass—blocked by Repub- ing on jobs and families—middle-class ical sales tax deduction that would put licans—would extend that critical pro- families and businesses that are trying more money into the pockets of fami- vision. to create new jobs and expand for the lies in States such as Washington. Propel Fuels represents the future of future. I hope they remind themselves They said no despite the fact that our economy. They are the kind of before we head home this is good poli- these tax cuts are fully paid for. company that will help make sure our tics. It is good politics to help our fam- So, Madam President, I want to focus country remains at the forefront of in- ilies and our small businesses. It is on a few pieces of this legislation that novation and growth. It is a company good politics to help our clean energy middle-class families and small busi- working to drive our economy forward companies. nesses in my home State of Wash- and create new 21st-century careers. Right now, when our economy is try- ington are counting on us to pass. But they can’t do it alone. After years ing to recover, we should not go home First of all, I want to spend a few and years of subsidies and tax breaks without extending these tax cuts, and I minutes on one of the tax credits that for the oil industry, companies such as am going to keep working to stand up has just been blocked that is truly a Propel Fuels depend on the clean en- for our middle-class families and our

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7385 Main Street businesses and keep work- speech means freedom of speech, and if pectation it will come far more from ing to try and pass this bill. it is OK for one movie to be made the unions than it will come from the Mr. President, I yield the floor, and I under one set of circumstances, it is corporations. suggest the absence of a quorum. equally OK for another movie to be Think about the big corporations in The PRESIDING OFFICER (Mr. made under a slightly different set of America. How do most of them make BURRIS). The clerk will call the roll. circumstances. their money? They make their money The legislative clerk proceeded to There are those who say: No, no, no; by selling products to the American call the roll. this opens up the world for corpora- people, and they are good at advertise- Mr. BENNETT. I ask unanimous con- tions to fund advertisements to distort ments to sell products. If I were on the sent that the order for the quorum call and destroy and affect our elections. board of one of these major corpora- be rescinded. I have several reactions to that; the tions, and someone came to me and The PRESIDING OFFICER. Without first one being, I have seen political said: All right, we want to spend cor- objection, it is so ordered. ads that have been funded by rich indi- Mr. BENNETT. Mr. President, we porate money to put together an ad or viduals through the mechanism of a have had a lot of conversation about put together a movie or put together 527. If I were on the other side of the the DISCLOSE Act. I am a member, in- any kind of political speech and put issue—and, indeed, in many cases I deed the ranking member, of the Rules our corporate name on it, I would say: was—I would like to keep those ads Committee where the DISCLOSE Act, Now, wait a minute. Are you sure you running because the individuals who if it had been referred to committee, want to run the risk of offending the put up the money for the ads did not would have come for consideration. Un- customers of our product who may not fortunately, the DISCLOSE Act was know how to write an effective ad. agree with our political position? Let’s not referred to committee. We in the They were exercising their freedom of be a little careful about this. committee have had no opportunity to speech, but they were doing it in an I think there are going to be some amend it, no opportunity to hold hear- amateurish kind of way, and under cur- very circumspect conversations in the ings on it, no opportunity to hear from rent law—and the Supreme Court deci- boardrooms of America’s largest cor- witnesses who may have differing opin- sion did not change this—they could porations before they come rushing in ions from the version that passed the not give the money to the political par- to the political arena in the fashion House. It has been brought to the floor ties that know what they are doing. our friends across the aisle are pre- in such a manner that the committee They had to express themselves on dicting. has simply been bypassed. their own, and many of them did not On the other hand, do the unions For that reason, therefore, any objec- know how to do that very well. care? Do the unions feel it will damage tions we might have with respect to So all of this excitement about the their public image if they are seen ad- the way the bill is currently worded airwaves are going to be flooded with vertising with tremendous expendi- have to be raised on the floor. Any con- tremendously persuasive advertise- tures under the decision the Supreme cerns we have as to the inequities in ments from national corporations that Court handed down? No. They do not the bill have to be raised on the floor. are going to distort our political proc- worry about selling products to the It has made the whole thing more con- ess is making some assumptions about American people. They exist in many tentious than it needs to be. the voters that I think are not true. instances primarily because of favors The DISCLOSE Act, by name, sug- They are making assumptions about they received from the government. gests that all it is is disclosure. It the ability of a corporation to enter For those who talk about the DIS- doesn’t address any other issue than this field and do something very dra- CLOSE Act, saying this will open the how people who are going to exercise matic that I think is not true. floodgates for corporations and never their rights under the first amendment But missing from this discourse mentioning unions is to demonstrate do so, the specifics of how they do that, about how terrible it is going to be if they are ignoring what the situation and the specifics of who is behind the corporations start doing this—and we really is. advertising that takes place in accord- are not seeing any signs of how terrible Mr. MCCONNELL. Will the Senator ance with the decision of the Supreme this is happening in the real world—is yield for a question? Court. I pointed out in the past and re- any mention of another group that re- Mr. BENNETT. I would be honored. peat as a reference that prior to the ceived exactly the same kind of green Mr. MCCONNELL. If I recall cor- Supreme Court’s decision, it was pos- light from the Supreme Court as cor- rectly, this is not the first election sible for Michael Moore to produce a porations did, another group that is under which independent groups have movie that would attack George W. barred by the same law that says cor- been extraordinarily active in adver- Bush and be completely acceptable, porations cannot contribute directly to tising in political campaigns. In fact, I completely legal. But it was not pos- a political party that will benefit enor- recall quite precisely that independent sible for the people who formed Citi- mously, and a group that has dem- groups aligned with the other side of zens United to produce a movie that at- onstrated it has the capacity to create the aisle, according to those who keep tacks Hillary Clinton and have that be a political advertisement that is effec- the statistics on this, spent twice as legal. The difference was Michael tive. much in 2006 and a similar amount in Moore was acting as an individual. I am talking about unions. Unions 2008 as outside groups that might be These people were acting collectively. have the same kind of freedom that typically aligned with Senators such as Because they chose the corporate form corporations have under this decision Bennett and McConnell. Where was the of organization for their collective ac- from the Supreme Court. Unions can outrage a couple cycles ago? tion, the previous law said: You cannot now spend money speaking freely I would ask my friend, did Citizens do this. about candidates and using their United in any serious way change the The Supreme Court ruled—I think names in ways that presumably they landscape, in any event? accurately—that if Michael Moore has could not have done before. Mr. BENNETT. I thank the leader for a right to make a movie, so does Citi- Are we going to assume that the Su- his question, and the leader’s recollec- zens United. If Michael Moore has a preme Court decision is going to un- tion is entirely correct. I remember right to attack George W. Bush, Citi- leash a flood of millions and millions of when we passed the Campaign Finance zens United has the right to attack Hil- dollars of corporate money, but that Act we were told this will get big lary Clinton. I frankly think Michael the unions are going to sit quietly on money out of politics. I remember the Moore’s movie probably had more to do the sidelines with their hands folded first elections fought after the passage with moving votes than the Citizens across their chests doing nothing? of that bill saw the greatest amount of United movie did. If, indeed, there is going to be an ava- spending we have ever seen in Amer- But be that as it may, neither one of lanche of political spending coming as ican history, and the amount of spend- them seems to have had that much im- a result of this decision, I guarantee it ing has only gone up. pact on the body politic. is going to come from the unions every All we did—and I am quoting from But that is not the point. The point bit as much as it is going to come from the minority leader’s own comments at is, the Supreme Court ruled freedom of the corporations. Indeed, it is my ex- the time in the debate—all we did was

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7386 CONGRESSIONAL RECORD — SENATE September 23, 2010 redirect how the money was going to unlevel playing field; a bill that is back nancing of political campaigns and the go. In my view, all the Supreme Court on the floor for no other reason than DISCLOSE Act right now, at a time did in their decision was to be fair in the fact that our friends on the other when Americans want them to focus on saying if a group gets together and or- side have declared this week ‘‘politics jobs and the economy? ganizes themselves, as Citizens United, only’’ week in the Senate. I think it is pretty obvious. This is they have exactly the same right to The only thing transparent here is pure politics—pure. speak as Michael Moore had. If he the effort this exercise represents to After spending the past year and a makes a movie, they could make a secure an electoral advantage for the half enacting policies Americans do movie. The Supreme Court said both Democrats. So this is a completely dis- not like, Democrats want to prevent movies are legitimate. I do not think tasteful exercise. their opponents from being able to we are going to see any kind of the At a time when Americans are clam- criticize what they have done. After consequences of the sort we have oring for us to do something about the spending a year and a half enacting heard. economy, Democrats are not only turn- policies the American people do not Mr. President, I recognize the leader ing a deaf ear, they are spending 2 full like, they want to silence the voices of is on the Senate floor, and I will yield days working to silence the voices of critics of what they have done. They the floor so he might continue what- even more people with a bill that picks want to prevent their critics from ever it is he has to say on this issue. and chooses who has a full right to po- speaking out. The PRESIDING OFFICER. The Sen- litical speech. So here we are, 2 days debating this ator from New York. Let’s face it, what our friends on the partisan, political, dead end bill that Mr. SCHUMER. Mr. President, before other side want is what they have al- does not do one thing to help the econ- the leader speaks, may I pose a ques- ways seemed to want: more govern- omy, reduce the deficit, or create a sin- tion? What is the status of time in ment control. They want the govern- gle job. terms of the minority and the majority ment to pick and choose who gets to Americans deserve a lot better. on this issue? speak in elections, and how much they Americans are speaking out. But focus- The PRESIDING OFFICER. The ma- speak. That is why they are also press- ing on this bill shows that Democrats jority is out of time, and the minority ing at the same time for taxpayer-fund- in Washington still are not listening. has retained just under 8 minutes. ed elections—something the assistant So, once again, I will be voting no on Mr. SCHUMER. Mr. President, I majority leader called for once again this legislation, and I encourage my would ask unanimous consent that the just yesterday. colleagues to do the same. leader be allowed to speak for as long So Democrats have spent the past I yield the floor. as he chooses and that I be given 5 min- year and a half taking over banks, car Mr. LEVIN. Mr. President, the Sen- utes after that to conclude for the ma- companies, insurance companies, the ate once again has an opportunity to jority, and the vote be delayed until student loan business—you name it— defend the public’s confidence in our after that. and now they want the taxpayers to democratic system. In July, we missed Mr. MCCONNELL. Mr. President, if I foot the bill for their campaign ads as this opportunity by failing to approve may, I do not need the Senator from well. a motion to proceed to the DISCLOSE New York to intervene. I am happy to Earlier today, the House Committee Act, a vital step in preserving the use my leader time, which may be the on House Administration marked up a transparency and integrity of our elec- solution to the time problem. bill that would stick taxpayers with a tions. I urge my colleagues not to re- Mr. SCHUMER. That would be fine bill for House elections nationwide. peat that mistake. We should take up, with me, if that works. Does that Think of that: taxpayer money for at- debate, and pass the DISCLOSE Act. still—— tack ads, for buttons, for balloons and Nearly a year ago, the Supreme Mr. MCCONNELL. Mr. President, I bumper stickers. Court discarded decades of precedent am going to proceed under my leader Have they no shame? Have they no and concern for the health of our de- time, and then Senator SCHUMER can shame? Our cumulative debt now the mocracy when it decided on a 5–4 vote ask his consent if it is necessary. He size of our economy, and they want to to eliminate regulations on corporate may have enough time to close. spend tax dollars on political cam- expenditures on elections. I strongly Mr. SCHUMER. I thank the Senator. paigns. disagreed with that decision, but it is The PRESIDING OFFICER. The mi- I mean, even if they do not agree now the law of the land, and we are left nority leader is recognized. with the principled arguments against with the task of trying to preserve the Mr. MCCONNELL. Mr. President, for this kind of an effort, I would submit ability of individual Americans to be the past 2 days, Democratic leaders that in a time of exploding deficits and heard in a political process that could have demonstrated once again their record debt the last thing the Amer- be swamped by a flood of corporate total lack of interest in the priorities ican people want right now is to pro- money. of the American people. vide what amounts to welfare for poli- The DISCLOSE Act requires corpora- At a time of near double-digit unem- ticians. tions, unions, or advocacy organiza- ployment and skyrocketing debt, Think about it. One recent estimate tions to stand by their advertisements Americans would like to see us focus puts the annual cost to taxpayers of and inform their members about their on jobs and the economy. Yet for the funding every Federal election at about election-related spending. It imposes past 2 days, Senate Democrats have $1.8 billion each year. That is $1.8 bil- transparency requirements, requires forced us to return once again to a de- lion more that taxpayers would have to spending amounts to be posted online, bate we have already had on a bill the shell out than they already are. For and prevents government contractors, Senate has already rejected—a bill that what? For what? For politicians to corporations controlled by foreigners, focuses not on creating jobs for the throw campaign events and run ads and corporate beneficiaries of TARP American people but with saving the that taxpayers may not even agree funds from spending money on elec- jobs of Democratic politicians in Wash- with or which they find downright out- tions. I am an original cosponsor of the ington. rageous. act because I believe it is essential to That is what this debate is about. One of the groups that supports this protect public confidence in the integ- Our friends on the other side would scheme calls it ‘‘an incredibly good rity of our elections. have the public believe this bill is deal for taxpayers.’’ Well, I strongly By establishing these requirements, about transparency. It is not. Here is a suspect that most taxpayers would not we will not prevent corporations from bill that was drafted behind closed share that view. Americans want us to engaging in the activities the Supreme doors, without hearings, without testi- stop the wasteful spending. Another Court has allowed. We are simply giv- mony, and without any markups—a $1.8 billion on balloons and bunting is ing Americans the ability to see how bill that picks and chooses who gets not their idea of a step in the right di- these companies, unions and other the right to engage in the political rection. groups are seeking to influence the po- process and who does not; a bill that So why are Democrats doing this? litical process. This should not be an seeks, in other words, to achieve an Why are they proposing taxpayer fi- issue of Republicans and Democrats.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7387 We should all agree that our democ- termine whether their corporation’s political much money into elections? Even Citi- racy is best served when its election speech advances the corporation’s interest in zens United, the group that brought campaigns are conducted trans- making profits, and citizens can see whether the case that has led us to this point, elected officials are ‘‘in the pocket’’ of so- parently. called moneyed interests. is not known to most people. Why The American people are depending shouldn’t the American people know The Court also explained that disclo- on us to defend the integrity of the po- who has bankrolled that group, if it is sure is very much consistent with free litical process. We should not fail to going to run ads and try to convince speech: uphold that responsibility. I urge my people to vote a certain way? colleagues to debate and adopt adopt The First Amendment protects political speech; and disclosure permits citizens and Disclosure is the way we make this this vital legislation. shareholders to react to the speech of cor- crucial information available to the Mr. FEINGOLD. Mr. President, I porate entities in a proper way. This trans- public. But if a group is around for 10 strongly support the DISCLOSE Act parency enables the electorate to make in- years, has members in all 50 States, and I believe the Senate should be al- formed decisions and give proper weight to and receives only a small portion of its lowed to consider it. I am pleased to different speakers and messages. budget from corporations or unions, see this bill get such strong support The Court also made clear that cor- there is less reason for the kind of de- from my colleagues on the Democratic porate advertisers can be required to tailed information that the DISCLOSE side, and I urge my Republican col- include disclaimers to identify them- Act requires. So while I would prefer leagues to think long and hard before selves in their ads. It specifically re- that this exception wasn’t in the bill, I again blocking it even from coming to affirmed the part of the McConnell v. understand why the House felt it was the floor. I have a long history of bi- FEC decision that held that such re- necessary, and I don’t think it under- partisan work on campaign finance quirements are constitutional. mines the bill’s purpose or makes it issues. I am not interested in campaign The DISCLOSE Act simply builds on fundamentally unfair. finance legislation that has a partisan disclosure and disclaimer requirements Most of the complaints about the effect. This bill is fair and evenhanded. that are already in the law and that DISCLOSE Act are coming from inter- It deserves the support of Senators the Court has said do not violate the ests that want to take advantage of from both parties. first amendment. For years, opponents one part of the Citizens United deci- As the name suggests, the central of campaign finance reform have ar- sion—the part that allows corporate goal of this bill is disclosure. It aims to gued that all that is needed is disclo- spending on elections for the first time make sure that when faced with a bar- sure. Well, in a very short time we will in over 100 years—and at the same time rage of election-related advertising find out whether they were serious, be- pretend that the other part of the deci- funded by corporations, which the Su- cause that is what this bill is all about. sion—the part upholding disclosure re- preme Court’s decision in the Citizens If the Senate is allowed to proceed to quirements—doesn’t exist. But the law United case has made possible, the the bill, there will be time to discuss doesn’t work that way. As the old say- American people have the information its provisions in more detail, and per- ing goes, ‘‘you can’t have your cake they need to understand who is really haps to amend them. One amendment and eat it too.’’ that obviously will need to be made is behind those ads. That information is Once again, I very much appreciate to the effective date. Any bill that essential to being able to thoughtfully the leadership of the Senator from New passes at this point is not going to exercise the most important right in a York and look forward to working with apply to the upcoming election, and we democracy—the right to vote. him and all my colleagues to pass this should amend the bill to make it appli- It is no secret that the Senator SCHU- bill. I urge my colleagues to support cable only to elections beginning in MER and I, and all of the original co- the motion for reconsideration and 2012. But I do want to comment on one sponsors of the bill, were deeply dis- vote for cloture on the motion to pro- provision that has caused controversy, appointed by the Citizens United deci- ceed. sion. We don’t agree with the Court’s which was added in the House—the ex- ception for large, longstanding groups, The PRESIDING OFFICER. The Sen- theory that the first amendment rights ator from New York. of corporations, which can’t vote or including the National Rifle Associa- Mr. SCHUMER. Mr. President, first I hold elected office, are equivalent to tion. would simply note that the bill before those of citizens. And we believe that I am not a fan of exceptions to legis- us has nothing to do with public fi- the decision will harm our democracy. lation of this kind. I would prefer a nancing of campaigns; it simply has to I, for one, very much hope that the Su- bill, like the one we introduced, that do with disclosure. preme Court will one day realize the does not contain this exception. But I rise today in support of DISCLOSE, mistake it made and overturn it. the fact is that the kinds of groups But the Supreme Court made the de- that are covered by the exception are the Democracy Is Strengthened by cision and we in the Senate, along with not the kinds of groups that this bill is Casting Light on Spending in Elections the country, have to live with it. The mostly aimed at. Knowing the identity Act, and I urge my colleagues to sup- intent of the DISCLOSE Act is not to of individual large donors to the NRA port this bill. try to overturn that decision or chal- when it runs its ads is not providing This bill is in direct response to Citi- lenge it. It is to address the con- much useful information to the public. zens United v. FEC in which the Su- sequences of the decision within the Everyone knows who the NRA is and preme Court, led by Chief Justice Rob- confines of the Court’s holdings. Con- what it stands for. You may like or dis- erts and its activist majority, over- gress has a responsibility to survey the like this group’s message, but you ruled almost a century of law and wreckage left or threatened by the Su- don’t need to know who its donors are precedent and held that corporations preme Court’s ruling and do whatever to evaluate that message. have the same first amendment rights it can constitutionally to repair that The same cannot be said about new as people. As I have said before, be- damage or try to prevent it. organizations that are forming as we cause of this decision, the winner of In Citizens United, the Court ruled speak to collect corporate donations every upcoming election won’t be that corporations could not constitu- and run attack ads against candidates. Democrats or Republicans; it will be tionally be prohibited from engaging in One example is a new group called special interests. And it will come at campaign related speech. But, with American Crossroads. It has apparently the expense of the voice of the ordinary only one dissenting Justice, the Court pledged to raise $50 million to run ads American. The Court’s decision lifted also specifically upheld applying dis- in the upcoming election. Can any of well-established restrictions on cor- closure requirements to corporations. my colleagues tell me what this group porate and union spending in elections. The Court stated: is and what it stands for? Don’t the This created a loophole in which these American people have a right to know entities can now create anonymous ″[P]rompt disclosure of expenditures can provide shareholders and citizens with the that, and wouldn’t the identity of the groups to serve as a conduit to anony- information needed to hold corporations and funders provide useful information mously funnel money. The intent is to elected officials accountable for their posi- about the group’s agenda and what it deceive the public and hide the real tions and supporters. Shareholders can de- hopes to accomplish by pumping so motives of those spending on these ads.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7388 CONGRESSIONAL RECORD — SENATE September 23, 2010 We have worked within the contours clear to us that the money is flowing; The yeas and nays resulted—yeas 59, of the Court’s decision in order to draft we just aren’t permitted to know from nays 39, as follows: the DISCLOSE Act. whom it is coming. It is clear that this [Rollcall Vote No. 240 Leg.] I ask those who support sunlight in money isn’t coming from the average YEAS—59 campaign spending to work with us to voter. These groups are created, funded Akaka Gillibrand Murray pass this bill. with secret donations, and then they Baucus Goodwin Nelson (NE) You think we are using this bill as a disappear just as quickly as they ap- Bayh Hagan Nelson (FL) political tool to influence elections? peared, all with no real disclosure. Begich Harkin Pryor OK. We will change the effective date Bennet Inouye Reed They are not created to be a voice of Bingaman Johnson to January 2011 so it won’t apply to Reid the people. It has been reported that Boxer Kaufman Rockefeller this November’s election. We will wel- the vast majority of American Cross- Brown (OH) Kerry Sanders Burris Klobuchar come this change and encourage Re- Schumer roads funding is from four billionaires. Cantwell Kohl Shaheen publican amendments and debate on Why are we letting the voice of these Cardin Landrieu this bill because it is essential to the four people drown out the rest of Amer- Carper Lautenberg Specter Casey Leahy Stabenow health of our democracy. We are also ica? This is outrageous. Tester willing to consider paring the bill Conrad Levin In conclusion, the American people Dodd Lieberman Udall (CO) down, per the suggestion of my col- deserve to know what each and every Dorgan Lincoln Udall (NM) league, Senator SNOWE, in her state- one of us in this Chamber truly be- Durbin McCaskill Warner ment, and limiting it to the core provi- lieves. Are we for openness, trans- Feingold Menendez Webb Feinstein Merkley Whitehouse sions regarding enhanced disclosures parency, and giving the voters informa- Franken Mikulski Wyden and disclaimers. tion they need to make their choices in NAYS—39 Both disclosure and disclaimer were the voting booth or do we really be- proclaimed to be constitutional and ef- lieve, despite our rhetoric, that it is Alexander Cornyn LeMieux Barrasso Crapo Lugar fective ways to regulate corporate and OK for special interests to spend freely Bennett DeMint McCain union spending by eight of the nine on all kinds of political advertising but Bond Ensign McConnell Justices in Citizens United and were keep the voters in the dark about who Brown (MA) Enzi Risch upheld in a later decision, Doe v. Reed. Brownback Graham Roberts is paying for it? Bunning Grassley Sessions The Court specifically stated that dis- The Supreme Court’s decision this Burr Gregg Shelby closure requirements ‘‘do not prevent year has made it imperative for us to Chambliss Hatch Snowe anyone from speaking’’—do not pre- act now. Coburn Inhofe Thune Cochran Isakson Vitter vent anyone from speaking—and found Mr. President, I yield the floor. Collins Johanns Voinovich that there was strong governmental in- CLOTURE MOTION Corker Kyl Wicker terest in ‘‘providing the electorate The PRESIDING OFFICER. Under NOT VOTING—2 with information about the sources of the previous order and pursuant to rule Hutchison Murkowski election-related funding.’’ The Court XXII, the Chair lays before the Senate also concluded that ‘‘disclosure per- the pending cloture motion, which the The PRESIDING OFFICER. On this mits citizens and shareholders to react clerk will state. vote, the yeas are 59, the nays are 39. to the speech of corporate entities in a The legislative clerk read as follows: Three-fifths of the Senators duly cho- sen and sworn not having voted in the proper way’’ and to ‘‘give proper CLOTURE MOTION affirmative, the motion on reconsider- weight to different speakers and mes- We, the undersigned Senators, in accord- sages.’’ To be clear, disclosure does not ance with the provisions of rule XXII of the ation is rejected. chill speech. We do not want to chill Standing Rules of the Senate, hereby move The Senator from North Dakota is speech. We merely want the American to bring to a close debate on the motion to recognized. public to have details about who is proceed to Calendar No. 476, S. 3628, the DIS- f speaking. These disclosure and dis- CLOSE Act. FEDERAL AVIATION ADMINISTRA- claimer provisions allow the American Harry Reid, Charles E. Schumer, Sherrod TION EXTENSION ACT OF 2010 public to know exactly who is Brown, Claire McCaskill, Patrick J. Leahy, John F. Kerry, Byron L. Dor- bankrolling campaign advertisements. Mr. DORGAN. Mr. President, I am gan, Patty Murray, Barbara Boxer, Ro- going to propound a unanimous con- The American public deserves nothing land W. Burris, Robert Menendez, Jack less. Reed, Joseph I. Lieberman, Tom Udall, sent request that will extend FAA au- I would note that a strong majority Kent Conrad, Mark Begich, Robert P. thority until December 31 of this year. of the American public—Democrats, Casey, Jr. This is another extension. We have had Republicans, and Independents—dis- The PRESIDING OFFICER. By unan- extension after extension of the FAA approved of the Supreme Court’s opin- imous consent, the mandatory quorum Reauthorization Act, which expires, so ion in Citizens United and support dis- call is waived. we extend it. closure and disclaimer provisions. The question is, Is it the sense of the Let me in 1 minute say we have In removing the restrictions on cor- Senate that debate on the motion to worked on a bill that would reauthor- porate and union campaign spending, proceed to S. 3628, a bill to amend the ize the FAA. It has many component the Citizens United decision has opened Federal Election Campaign Act of 1971 parts dealing with safety and other a door for the creation of shadow to prohibit foreign influence in Federal issues. It deals with the modernization groups whose spending is not clearly elections, to prohibit government con- of our entire air traffic control system. regulated. Neither the IRS, which has tractors from making expenditures The Europeans are going full steam, jurisdiction for nonprofits, nor the FEC with respect to such elections, and to and we need to work on this for a wide provides oversight for these groups. establish additional disclosure require- range of reasons: safety in the skies, That is a scary thought. In fact, one ments with respect to spending in such better environment, more direct flying such group, American Crossroads, the elections, and for other purposes, shall routes, less time in the air, and a whole leader in campaign spending in the be brought to a close? series of things. Yet this piece of legis- Senate, was created by Karl Rove, who The yeas and nays are mandatory lation that represents the investment pledged to spend $50 million on just the under the rule. in airport infrastructure, moderniza- 2010 election cycle. In fact, since our The clerk will call the roll. tion of our air traffic control system, last vote on this issue, it has been re- The bill clerk called the roll. and so many other things is continuing ported that these shadow groups have Mr. KYL. The following Senators are to be blocked, and it is a profound dis- raised $20 million. necessarily absent: the Senator from appointment to me. A former Republican FEC Commis- Texas (Mrs. HUTCHISON) and the Sen- Senator ROCKEFELLER and I and Sen- sioner, Michael Toner, stated on the ator from Alaska (Ms. MURKOWSKI). ator KAY BAILEY HUTCHISON and others front page of the New York Times this The PRESIDING OFFICER. Are there have worked to write this legislation. week that, from his personal experi- any other Senators in the Chamber de- It is bipartisan. It passed through the ence, ‘‘the money is flowing.’’ It is siring to vote? Commerce Committee, passed through

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7389 the full Senate, and now we are trying (1) by striking ‘‘October 1, 2010’’ and insert- portion of fiscal year 2011 ending before Jan- to negotiate an agreement with the ing ‘‘January 1, 2011’’; and uary 1, 2011,’’ after ‘‘October 1, 2010,’’. House. Someone said to me as I came (2) by inserting ‘‘or the Airport and Airway (k) Section 409(d) of such Act (49 U.S.C. in today, I understand FAA reauthor- Extension Act of 2010, Part III’’ before the 41731 note) is amended by striking ‘‘Sep- semicolon at the end of subparagraph (A). tember 30, 2010.’’ and inserting ‘‘September ization is dead for this session. I said: (b) CONFORMING AMENDMENT.—Paragraph 30, 2011.’’. That is not the case. Senator ROCKE- (2) of section 9502(e) of such Code is amended (l) The amendments made by this section FELLER and I remain hopeful that be- by striking ‘‘October 1, 2010’’ and inserting shall take effect on October 1, 2010. tween now and the end of the year we ‘‘January 1, 2011’’. SEC. 6. FEDERAL AVIATION ADMINISTRATION OP- will be able to solve those remaining (c) EFFECTIVE DATE.—The amendments ERATIONS. few points and get this done. It is criti- made by this section shall take effect on Oc- Section 106(k)(1) of title 49, United States cally important—very important—that tober 1, 2010. Code, is amended— we get this done. SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT (1) by striking ‘‘and’’ at the end of subpara- So I make this unanimous consent PROGRAM. graph (E); request with the understanding that I (a) AUTHORIZATION OF APPROPRIATIONS.— (2) by striking the period at the end of sub- am continuing to work on it, as is Sen- (1) IN GENERAL.—Section 48103 of title 49, paragraph (F) and inserting ‘‘; and’’; and United States Code, is amended— (3) by inserting after subparagraph (F) the ator ROCKEFELLER and Senator (A) by striking ‘‘and’’ at the end of para- following: HUTCHISON and many others to try to graph (6); ‘‘(G) $2,451,375,000 for the 3-month period get the FAA reauthorization bill done (B) by striking the period at the end of beginning on October 1, 2010.’’. through the House and the Senate and paragraph (7) and inserting ‘‘; and’’; and SEC. 7. AIR NAVIGATION FACILITIES AND EQUIP- get it resolved. (C) by inserting after paragraph (7) the fol- MENT. Mr. President, I ask unanimous con- lowing: Section 48101(a) of title 49, United States sent that the Senate proceed to the im- ‘‘(8) $925,000,000 for the 3-month period be- Code, is amended— mediate consideration of Calendar No. ginning on October 1, 2010.’’. (1) by striking ‘‘and’’ at the end of para- 324, H.R. 4853. (2) OBLIGATION OF AMOUNTS.—Subject to graph (5); The PRESIDING OFFICER. The limitations specified in advance in appro- (2) by striking the period at the end of priation Acts, sums made available pursuant paragraph (6) and inserting ‘‘; and’’; and clerk will report the bill by title. to the amendment made by paragraph (1) The bill clerk read as follows: (3) by adding at the end the following: may be obligated at any time through Sep- ‘‘(7) $746,250,000 for the 3-month period be- A bill (H.R. 4853) to amend the Internal tember 30, 2011, and shall remain available ginning on October 1, 2010.’’. Revenue Code of 1986 to extend the funding until expended. expenditure authority of the Airport and SEC. 8. RESEARCH, ENGINEERING, AND DEVEL- (b) PROJECT GRANT AUTHORITY.—Section OPMENT. Airway Trust Fund, to amend title 49, United 47104(c) of title 49, United States Code, is States Code, to extend authorizations for the Section 48102(a) of title 49, United States amended by striking ‘‘September 30, 2010,’’ Code, is amended— airport improvement program, and for other and inserting ‘‘December 31, 2010,’’. purposes. (1) by striking ‘‘and’’ at the end of para- (c) APPORTIONMENT AMOUNTS.—The Sec- graph (13); There being no objection, the Senate retary shall apportion in fiscal year 2011 to (2) by striking the period at the end of proceeded to consider the bill. the sponsor of an airport that received paragraph (14) and inserting ‘‘; and’’; and Mr. DORGAN. Mr. President, I ask scheduled or unscheduled air service from a (3) by adding at the end the following: unanimous consent that the amend- large certified air carrier (as defined in part ‘‘(15) $49,593,750 for the 3-month period be- ment at the desk be considered and 241 of title 14 Code of Federal Regulations, or ginning on October 1, 2010.’’. such other regulations as may be issued by agreed to; that the bill, as amended, be SEC. 9. TECHNICAL CORRECTIONS. the Secretary under the authority of section read a third time, passed, and the mo- 41709) an amount equal to the minimum ap- Effective as of August 1, 2010, and as if in- tion to reconsider be laid upon the portionment specified in 49 U.S.C. 47114(c), if cluded therein as enacted, the Airline Safety table; that any statements relating to the Secretary determines that airport had and Federal Aviation Administration Exten- sion Act of 2010 (Public Law 111–216) is the bill be printed in the RECORD. more than 10,000 passenger boardings in the The PRESIDING OFFICER. Without preceding calendar year, based on data sub- amended as follows: (1) In section 202(a) (124 Stat. 2351) by in- objection, it is so ordered. mitted to the Secretary under part 241 of title 14, Code of Federal Regulations. serting ‘‘of title 49, United States Code,’’ be- The amendment (No. 4656) was agreed fore ‘‘is amended’’. to, as follows: SEC. 5. EXTENSION OF EXPIRING AUTHORITIES. (2) In section 202(b) (124 Stat. 2351) by in- (Purpose: To extend the funding and expendi- (a) Section 40117(l)(7) of title 49, United serting ‘‘of such title’’ before ‘‘is amended’’. ture authority of the Airport and Airway States Code, is amended by striking ‘‘Octo- (3) In section 203(c)(1) (124 Stat.2356) by in- Trust Fund, to amend title 49, United ber 1, 2010.’’ and inserting ‘‘January 1, 2011.’’. serting ‘‘of such title’’ before ‘‘(as redesig- States Code, to extend authorizations for (b) Section 41743(e)(2) of such title is nated’’. the airport improvement program, and for amended by striking ‘‘2010’’ and inserting (4) In section 203(c)(2) (124 Stat. 2357) by in- other purposes) ‘‘2011’’. serting ‘‘of such title’’ before ‘‘(as redesig- Strike all after the enacting clause, and in- (c) Section 44302(f)(1) of such title is nated’’. sert the following: amended— (1) by striking ‘‘September 30, 2010,’’ and The amendment was ordered to be SECTION 1. SHORT TITLE. inserting ‘‘December 31, 2010,’’; and engrossed and the bill to be read a This Act may be cited as the ‘‘Airport and (2) by striking ‘‘December 31, 2010,’’ and in- third time. Airway Extension Act of 2010, Part III’’. serting ‘‘March 31, 2011,’’. The bill (H.R. 4853), as amended, was SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT (d) Section 44303(b) of such title is amended AND AIRWAY TRUST FUND. read the third time, and passed. by striking ‘‘December 31, 2010,’’ and insert- (a) FUEL TAXES.—Subparagraph (B) of sec- tion 4081(d)(2) of the Internal Revenue Code ing ‘‘March 31, 2011,’’. f of 1986 is amended by striking ‘‘September (e) Section 47107(s)(3) of such title is 30, 2010’’ and inserting ‘‘December 31, 2010’’. amended by striking ‘‘October 1, 2010.’’ and MORNING BUSINESS (b) TICKET TAXES.— inserting ‘‘January 1, 2011.’’. Mr. DORGAN. Mr. President, I ask (1) PERSONS.—Clause (ii) of section (f) Section 47115(j) of such title is amended by inserting ‘‘and for the portion of fiscal unanimous consent that the Senate 4261(j)(1)(A) of the Internal Revenue Code of proceed to a period of morning business 1986 is amended by striking ‘‘September 30, year 2011 ending before January 1, 2011,’’ 2010’’ and inserting ‘‘December 31, 2010’’. after ‘‘2010,’’. with Senators permitted to speak for (2) PROPERTY.—Clause (ii) of section (g) Section 47141(f) of such title is amended up to 10 minutes each. 4271(d)(1)(A) of such Code is amended by by striking ‘‘September 30, 2010.’’ and insert- The PRESIDING OFFICER. Without striking ‘‘September 30, 2010’’ and inserting ing ‘‘December 31, 2010.’’. objection, it is so ordered. ‘‘December 31, 2010’’. (h) Section 49108 of such title is amended The Senator from South Dakota is (c) EFFECTIVE DATE.—The amendments by striking ‘‘September 30, 2010’’ and insert- recognized for 10 minutes. made by this section shall take effect on Oc- ing ‘‘December 31, 2010,’’. tober 1, 2010. (i) Section 161 of the Vision 100—Century of f SEC. 3. EXTENSION OF AIRPORT AND AIRWAY Aviation Reauthorization Act (49 U.S.C. 47109 TRUST FUND EXPENDITURE AU- note) is amended by inserting ‘‘, or in the FAA REAUTHORIZATION AND TAX THORITY. portion of fiscal year 2011 ending before Jan- EXTENDERS (a) IN GENERAL.—Paragraph (1) of section uary 1, 2011,’’ after ‘‘fiscal year 2009 or 2010’’. 9502(d) of the Internal Revenue Code of 1986 (j) Section 186(d) of such Act (117 Stat. Mr. THUNE. Mr. President, I also is amended— 2518) is amended by inserting ‘‘and for the want to add my support for the FAA

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7390 CONGRESSIONAL RECORD — SENATE September 23, 2010 reauthorization bill which the Senator to the observations of the Senator from as I said, is set to expire later this from North Dakota talked about. It is Montana that I couldn’t agree more year, on November 30. important that we get this done. We that we need to get these things done, The way I do this is I fully offset this have been operating without an au- and we need to provide some long-term by spending cuts, including medical thorization since 2007. We had a bill certainty for those in this country who malpractice reform, a freeze on Federal pass through the Senate by a vote of 93 rely upon decisions that come out of salaries, reductions in wasteful, dupli- to 0 back in March, and this is some- the Congress. I know the Senator from cative, and excessive government thing that needs to be done. Montana has offered an extenders bill spending, rescinding unspent Federal So I hope we can get floor time that would provide at least some near- funds including the stimulus, an expan- scheduled for this and that we can get term relief for many of these provi- sion of the affordability exception to on that bill, get a conference report, sions of law that expire and that im- the individual mandate that was in- and get it through and enacted because pact so many across this country. cluded in the recently passed health there are a number of important im- I would say through the Chair to my care reform bill and by disposing of un- provements that need to occur, and colleague from Montana that I agree used and unneeded Federal property. that legislation provides for that to with his premise. I think it comes I also add in my proposal a new def- happen. It has been kicking around down to how we go about doing that. icit reduction trust fund, where re- here for way too long, so I hope we can The Senator from Montana has offered scinded balances and money saved get to that bill and quit having to do up a proposal that would extend many through this amendment will be depos- these month-to-month or—in this case, of these expiring tax provisions, but he ited for the purposes of paying down as it ends up being—the end-of-the-year does it in a way that raises taxes. I the Federal debt. It does not include extensions, which keeps us from doing have a proposal I offered earlier in re- job-killing tax hikes on carried inter- what we need to do, and that is get a sponse to the majority leader’s unani- est income, which would discourage in- long-term reauthorization in place that mous consent request to move a tax ex- vestment and hurt our Nation’s pro- provides some certainty and predict- tenders bill that would substitute my ductivity, and does not include a 70- ability for the users of aviation in this bill for that one because my bill does cent-per-barrel increase, a tax hike on country. all the same things the Senator from oil, nor does it double count the reve- Mr. BAUCUS. Mr. President, might I Montana wants to accomplish. But it nues from that tax by saying it both ask, through the Chair, that the Sen- does it with spending reductions—re- offsets the cost to the bill and also ator yield for a question? ducing spending—as opposed to raising adds money to the Oil Spill Liability Mr. THUNE. I would be happy to taxes. Trust Fund. yield to the Senator. There are a number of things my bill I concur entirely with the premise Mr. BAUCUS. I wanted to ask him— would do, one of which is to extend the the Senator from Montana was ad- because we have to ask questions $215 million tax break for teachers to dressing, that we need to get these around here—isn’t it a good idea for us things extended. We need to provide to have more permanence and not pass purchase books, supplies, computer some permanence. But there is a dif- so many short-term extensions in Con- equipment, and other materials for the ference in the approach on how we deal gress, just as a general principle? classroom. Mr. THUNE. I would say to the Sen- It also includes the biodiesel tax with that. The Senator from Montana ator, through the Chair, one of the credit, which supports our Nation’s proposed one way, I proposed another. I things I think is hurting business and budding biodiesel industry. It provides obviously would love to get a vote on economic development in this country $854 million in tax relief for these bio- this proposal because I think what we is a lack of certainty. diesel manufacturers to invest in our ought to be focused on right now, rath- Mr. BAUCUS. Is the Senator aware, clean energy future. er than raising taxes at a time when we if my calculation is correct, that there The bill reinstates the State and have a very fragile economy in an eco- are about 130 extenders that we have to local sales tax deduction, which pro- nomic downturn and making it more extend at the end of every calendar vides $1.8 billion in tax relief to resi- difficult for businesses to create jobs, year—approximately 130? Did the Sen- dents of States such as South Dakota that we ought to be looking at what we ator know the number is that great? who pay State and local sales taxes but can do to reduce spending in our Fed- Mr. THUNE. I didn’t know the pre- are not allowed to deduct these taxes eral budget and offset the cost of these cise number, Mr. President. I will say from their Federal income taxes. It extenders and pay for this 2-year exten- to my colleague from Montana if it is also allows for the deduction of State sion of the doc fix, which also provides not, in fact, 130—and I will take his and local property taxes, which saves for a modest increase, not the signifi- word for that—I know it is a lot. There taxpayers $1.5 billion as well. cant reduction they are going to expe- are lots of provisions in law that need My bill reinstates the research and rience otherwise. We do this through to be extended and lots of communities development tax credit, which the spending reductions in the Federal in this country that depend on that. President has supported for 2010. This budget. I hope we get an opportunity to Mr. BAUCUS. One final question: important tax credit incentivizes im- vote on this. Does the Senator agree it is about time portant research and development I yield my time. this Congress does something about across the country. The PRESIDING OFFICER (Mr. that; that we pass fewer extenders and It also provides a number of needed FRANKEN). The Senator from Montana. more laws that are a little more per- tax credits for businesses to invest and Mr. BAUCUS. Mr. President, I appre- manent? create jobs, including refundable AMT ciate the remarks of my good friend Mr. THUNE. I would say, through the credits for corporations, and it pro- from South Dakota. I hope we can find Chair, to my colleague, I think it is im- vides a generous doc fix. One of the some reasonable accommodation, some portant that this Senate act in a way things we talk about around here is the compromise. There are 100 Senators that provides some certainty and pre- doc fix. On the doc fix, we continue to here. Each has his or her own view as dictability for people in this country go month to month or quarter to quar- to what the right solution should be. who depend upon public policy coming ter. Now we are good to the end of No- Without sounding too trite and corny, out of here that has some permanence vember. But at the end of November we we are a democracy, we have to live to- to it. Right now, we continue to act on are going to be dealing with this issue gether. I hope we could find a way to short-term extensions in so many dif- again. If we do not, physicians across get these provisions extended in a way ferent areas. So I don’t dispute at all the country are going to experience a with give and take, back and forth. the statement of the Senator from significant and dramatic pay reduc- Clearly, if I bring up a bill and it is my Montana. tion, which will impair their ability to way, it is not going to pass. With all Mr. BAUCUS. I thank my good friend serve patients across this country who due respect to my friend from South from South Dakota for mentioning depend upon Medicare. Dakota, if he brings up his bill his way, that. My doc fix provides a 2-percent in- it is not going to pass. The only way to Mr. THUNE. If I might continue, Mr. crease for 2011 and another 2-percent get something to help the people whom President, let me just say with regard increase for 2012. The current doc fix, we are here to represent is to find a

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7391 compromise, working together in ac- Starting today insurance companies tient-controlled health care, and that commodation. I know the Senator can no longer place lifetime or restric- is something to celebrate. looks forward to that. I hope we can tive annual limits on coverage. No I suggest the absence of a quorum. achieve that result. longer will families need to worry that The PRESIDING OFFICER. The Mr. THUNE. Mr. President, if the their coverage will run out when they clerk will call the roll. Senator will yield, I say in response to need it the most. The legislative clerk proceeded to that, that is absolutely true. Around Starting today when you purchase or call the roll. here I think, traditionally, tax extend- join a new insurance plan, you have the Mrs. HAGAN. Mr. President, I ask ers have been something both sides right to choose your own doctor in unanimous consent that the order for have worked on. Generally, it tends to your network. No longer will insurance the quorum call be rescinded. be kind of noncontroversial. I think companies be able to arbitrarily decide The PRESIDING OFFICER. Without our side is very open to discussions and which doctor you have to see. objection, it is so ordered. would welcome an opportunity to sit Starting today, if you purchase or f down with the majority and the Sen- join a new insurance policy, you will be LUMBEE RECOGNITION ACT ator from Montana and others, who- guaranteed the right to appeal insur- Mrs. HAGAN. Mr. President, I come ever they feel necessary, to work some- ance company decisions to an inde- to the floor today to discuss an issue thing out. We stand ready and willing pendent third party. No longer will that is vitally important to North to have that discussion and hopefully consumers find themselves with no- Carolina’s economy, and to the herit- to get this thing put behind us. where to turn when insurers deny them age and cultural identity of more than The PRESIDING OFFICER. The Sen- coverage or restrict their treatment. 40,000 Americans. I urge my colleagues Starting today, providers and sup- ator from Montana. to join me in supporting the Lumbee pliers—that is doctors and medical Mr. BAUCUS. I would add a final Recognition Act. point to these remarks; that is, the ap- equipment manufacturers—who fail a The Lumbee Indians are among the proach I take. As chairman of the Fi- fraud screening will be denied eligi- earliest North Carolinians. They de- nance Committee, I try not to bring up bility for payments under government scended from the coastal tribes of these extenders bills until they have programs like Medicare and Medicaid. North Carolina and lived along the been worked out. With sufficient work No longer will providers and suppliers Lumber River before our Nation was on both sides, I believe that leaves at be able to defraud the government and founded. least 60 votes available, and I hope we taxpayers instead of provide quality During that time, the Lumbee have can achieve a result quickly. health care. maintained a distinct community in f There is more. Starting today, young what is now Robeson County, NC, with adults will be allowed to remain on HEALTH CARE REFORM more than 40,000 current members in their parents’ plan until their 26th and around the county seat of Lum- Mr. BAUCUS. Mr. President, today birthday, unless they are offered cov- berton. marks 6 months since Congress enacted erage at work. No longer will young Tribe members have worked dili- the new health care reform law. adults be without affordable coverage gently throughout the generations to Americans have reason to celebrate. options. Now they will have choices to sustain a strong tribal society. The new law put America on the road transition them into their adult lives Each and every Lumbee can trace his to a more sustainable consumer-friend- and protect them from financial ruin. or her ancestry to the tribe’s base roll, ly health care system. And starting today, if you purchase which is comprised of school and The new law put America on the road or join a new insurance plan, you will church records and early 20th-century to a healthcare system in which all be able to receive free recommended census data. This common ancestry has Americans have access to quality, af- preventive care. No longer will Ameri- bound the tribe for generations and es- fordable health insurance. cans have to forgo valuable preventive tablished the Lumbee as a long- And the new law put America on the care until it is too late. standing, distinct community in south- road to a health care system in which All of the benefits that begin today eastern North Carolina. patients and their doctors—not insur- are in addition to the benefits that Nearly two-thirds of the tribe live ance companies—control patient care. families and businesses already enjoy within 15 miles of the city of Pem- These transformative changes will as a result of the new health reform broke, where they start families and not happen overnight. But we heard law. businesses, run for tribal office, and at- the distressed cries from American Already because of the new law, tend the annual Fourth of July parade. families and businesses for immediate across the Nation, federally subsidized The Lumbee fought alongside the relief from insurer abuses. Congress in- preexisting condition insurance plans American Colonists during the Revolu- cluded in the new health reform law are available for Americans with pre- tionary War, and helped shape North many consumer protection provisions existing conditions who have been de- Carolina’s history. that take effect today, September 23, nied coverage by insurance companies. But because the tribe lacked a formal 2010. Already because of the new law up to treaty relationship with the new These provisions—a new Patient’s 4,000 small businesses are eligible for United States, the tribe has worked for Bill of Rights—put an end to some of tax credits this year if they provide over 120 years to win the recognition the worst insurance company abuses. health insurance for their employees. that they so clearly deserve. The new law puts consumers in control Already because of the new law, more As has been noted by the Senate In- of their health care decisions. And the than 2,000 businesses have qualified to dian Affairs Committee, ‘‘The Lumbees new law extends important new cov- receive reimbursement for the retiree have a longstanding history of func- erage benefits under insurance plans. coverage that they provide. tioning like an Indian tribe and being Starting today plans cannot dis- And already because of the new law, recognized as such by State and local criminate against children with pre- more than a million seniors have re- authorities. Since 1885, the Lumbees existing conditions. No longer will in- ceived rebate checks to reduce their have maintained an active political re- surance companies be able to deny tens prescription drug out-of-pocket costs lationship with the State of North of thousands of families insurance each in the donut hole. Carolina.’’ year for their children because of a pre- Today, with this 6-month mark, we The State officially recognized the existing condition. pass a key milestone on our road to tribe in 1885, and established a separate Starting today insurance companies providing quality, affordable health school system for Lumbee children. are banned from canceling your cov- care to all Americans. With initial enrollment limited to erage due to an unintentional mistake This milestone is just one of many children who could demonstrate at on your application. No longer will in- along the road. But this milestone is least four generations of Lumbee de- surance companies be allowed to arbi- one that signals an end to the insur- scent, this autonomous school system trarily drop your coverage when you ance companies’ worst abuses. This has remained in place for over 100 get sick and need it the most. milestone signals the beginning to pa- years.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7392 CONGRESSIONAL RECORD — SENATE September 23, 2010 And in the late 1800s, the State of the Lumbee Recognition Act with a Skibine, Deputy Assistant Secretary North Carolina established the Indian strong bipartisan majority twice in the for Policy and Economic Development Normal School to train Lumbee teach- last 3 years. for Indian Affairs, testified that, ers for the tribe’s school system. This Here in the Senate, the bill has been ‘‘There are rare circumstances when school has been in continuous oper- approved by the Indian Affairs Com- Congress should intervene and recog- ation since that time and has grown mittee, and now awaits consideration nize a tribal group, and the case of the into the University of North Carolina on the Senate floor. Lumbee Indians is one such rare case.’’ at Pembroke. Some have also argued that the cost I could not agree more. I urge my The university is obviously now open of providing BIA and Indian Health colleagues to pass this important legis- to enrollment for all Americans, but services to the Lumbee will be too lation with no further delay. continues to serve as an anchor of the high, and that Lumbee recognition will Lumbee Chairman Purnell Swett is Lumbee community. draw down funds that are currently here in the Senate Gallery, and has Despite generations of uninterrupted going to other tribes. I certainly under- been meeting with a number of Sen- self-governing, the Lumbee still have stand these concerns. ators to discuss this effort. I thank him not received full recognition by the But, I want to be clear, the Lumbee for joining us, and encourage my col- Federal Government. do not want recognition on the backs leagues to take time to hear from him Instead, Congress in 1956 enacted the of other tribes, and this bill will not in- how vital this bill is for his community Lumbee Act, which simultaneously crease the Federal deficit. This bill and his people. recognized the tribe, but denied tribal simply ensures that the Lumbee are el- Federal recognition is about more members access to Federal services. igible for the same services as their than Federal resources and creating The Lumbee Recognition Act, which peers. Funding for these services will economic development opportunities I have introduced with my colleague be subject to future appropriations, for this community. It is about tribal from North Carolina, Senator BURR, and the Lumbee will not dilute support identity. would rectify this longstanding in- for tribes that currently receive Fed- The Lumbee have fought for the rec- equity, and provide the Lumbee with eral resources. ognition they deserve for over 100 the full recognition that they so clear- I want to stress again that this effort years. Truly, this recognition is long ly deserve. is about one thing, providing the rec- overdue. Beyond simple fairness, the issue of ognition that the Lumbee need to im- We must ensure the Lumbee are no Lumbee recognition is critically im- prove their quality of life and create longer treated as a second-class tribe, portant to the North Carolina econ- jobs in their community. omy, and to counties and communities and I ask my colleagues to join me in The tribe is not seeking Federal gam- that have been hardest hit by the re- supporting the Lumbee Recognition ing rights, and, in fact, this legislation cent economic downturn. Act. Because the 1956 Lumbee Act forbade explicitly denies the tribe’s ability to I yield the floor and I suggest the ab- the Lumbee from pursuing the Federal operate casinos. sence of a quorum. resources available to every other rec- Some have also argued that the The PRESIDING OFFICER. The ognized tribe in the country, the tribe Lumbee do not need Federal recogni- clerk will call the roll. does not have access to critical serv- tion because they can apply for ac- The assistant bill clerk proceeded to ices through the Bureau of Indian Af- knowledgement through the Bureau of call the roll. fairs and Indian Health Service. Indian Affairs administrative process. Mr. DURBIN. I ask unanimous con- The Harvard School of Public Health But let me be clear about this: the sent that the order for the quorum call has found that residents of Robeson Lumbees have been prohibited from be rescinded. County have a lower average life ex- being considered by this process. The PRESIDING OFFICER. Without pectancy due to persistent poverty and This is because the Lumbee were un- objection, it is so ordered. limited access to affordable health fortunate enough to win partial rec- f care. Our bill will enable the Lumbee ognition during a time when the BIA was actively working to terminate UNANIMOUS-CONSENT REQUEST— to combat these trends through sus- S. 510 tained economic development and qual- longstanding relationships with tribes ity health services. and roll back Federal services for Na- Mr. DURBIN. Mr. President, I come It will allow members of the Lumbee tive Americans across the country. to the floor this afternoon, in the pres- tribe to access critical programs The 1956 Lumbee Act expressly pre- ence of Senator COBURN of Oklahoma through Indian Health Services, and cludes the tribe from pursuing Federal and Senator HARKIN of Iowa, to discuss will help treat and prevent chronic ill- acknowledgment through the Bureau an issue I have worked on literally for nesses that negatively affect the qual- of Indian Affairs administrative proc- my entire congressional career—food ity of life in the region. ess. Thus, while the Lumbee were iden- safety. This is an issue which has With a healthier population, and ac- tified in Federal legislation as a tribe haunted me since my days in the House cess to Federal programs, the tribe can more than 50 years ago, existing law of Representatives when I received a focus on economic development. Robe- strictly limits the group’s ability to letter from a woman in Chicago, far son County has an unemployment rate access vital services otherwise avail- outside of my central Illinois congres- above 12 percent, and the surrounding able to a federally designated tribe. sional district, who told me the story counties of Scotland, Hoke, Cum- As the Senate Indian Affairs Com- of her 6-year-old son Alex. She brought berland, Bladen, and Columbia con- mittee has noted, Congress placed only home a pound of hamburger from the tinue to experience unemployment one other Indian tribe in a similar posi- local grocery store and fed it to her rates that are among the highest in tion. In 1965, the Tiwa Indians of Texas son, and he was dead 3 days later from North Carolina. won recognition in Congress, but were food contamination that led to a very Economic development programs prohibited from pursuing BIA and painful, horrible death which has through the Bureau of Indian Affairs other Federal services. haunted her to this day. Her name is will allow the tribe to create jobs Congress recognized this problem, Nancy Donnelly. She has focused her where they are needed most, and will and in 1987 passed legislation granting life on making food safety laws better support a true economic recovery in full recognition to the tribe. This has in America. I have joined her in that this distressed region. left the Lumbee as the only tribe in effort. I was inspired by her tragedy The Lumbee Recognition Act was in- America that is at once recognized by and by the many people who came to troduced in the House by my North the Federal Government and forbidden me and explained how they had been Carolina colleague, Congressman MIKE from accessing critical programs that through similar circumstances. MCINTYRE, who has been a tireless are available to every other tribe in For almost 20 years now, I have been champion for the Lumbee since coming the country. taking on this issue. I have tried from to Congress. The administration has recognized the very beginning to bring to the at- Due largely to Congressman MCIN- this basic inequity, and at a House tention of Members of Congress the TYRE’s efforts, the House has passed hearing on the bill last year, George fact that there are at least 12 different

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7393 food safety agencies in our Federal I went to Senator HARKIN, chairman talked about what has happened to Government. When we look to the ori- of the committee, and asked him to unsuspecting people across America gin of these, the U.S. Department of lead, with Senator ENZI, his Republican who ate the contaminated eggs. Think Agriculture got started because Upton counterpart, in a reform bill that will about it. Eggs are supposed to be Sinclair wrote ‘‘The Jungle,’’ which make this system better, really fill in wholesome and nutritious and good for told about the horrible circumstances some of the gaps, move us forward. He you, but thousands of these eggs con- in the packinghouses of Chicago. That took that challenge and handled it taminated with salmonella, sold across novel led Congress to pass the first very professionally and very quickly. America, have made people sick, and food safety law with the U.S. Depart- In fact, we have 19 Senators, Demo- for some their lives will be com- ment of Agriculture as the lead. Over crats and Republicans, in a bipartisan promised forever. the years, the Food and Drug Adminis- effort, after hearings in his committee, I would think that when we consider tration expanded its role in this area, after markup in his committee, bring- the medical problems which will be and many other agencies did as well. ing this bill to the floor. created if we stop this debate, when we I have always argued that we need For the first time since I have been think of the victims across America of better coordination. In fact, we need engaged in this debate, we have the food contamination, for goodness’ sake, one single food safety agency that uses support not only of consumer groups, shouldn’t we err on the side of moving science and tries to reach new effi- which we would expect, we have the forward? Who argues against a manda- ciencies by avoiding overlap in decid- support of the industry—the food proc- tory recall of contaminated food from ing what is the safest approach to food essors, the grocery manufacturers. shelves across America? Who argues in America. I haven’t had much luck. Why? Because they understand that against giving the Food and Drug Ad- Rarely do I find a bipartisan cosponsor, once we lose confidence in our food ministration the power to move for- find anybody who will join me in this supply, it hurts them as ward to make sure there are more in- effort. But I understand the Senator businesspeople. spections done on a scientific basis? from Oklahoma said yesterday he is in- So here we are, a moment, an oppor- That, to me, is basic. terested in it, and I welcome him to be tunity we have worked for for years— When a customer goes into a store part of this conversation. I want to see literally years—a bill we have been across America, they assume some- the day when we have a single food working on for months in a bipartisan thing: They assume the government is safety agency that gets the job done in fashion, and all we are asking for is a involved in this decision, that some- a professional way. body, somewhere took a look at what What do we do before then? Knowing chance to bring it to the floor. That is they are about to buy and said it is safe that this will take some time, and it all. Bring it to the floor, entertain to sell it in America. I have to tell you, has taken time already, what do we do? amendments, debate it, deliberate, and in most instances, they are mistaken. I think we should clearly look at the vote. People who come and visit Wash- weaknesses in the current food safety ington think that is what the Senate The inspections are not frequent system and address them directly. does, right? An important issue, a life- enough. The inspections, sadly, do not If I said to the Presiding Officer, be- and-death issue for families, something take place in many instances. fore he was in the Senate and before he we all care about when we put food on Well, the argument on the other side became conversant with most of the the table—thank goodness the Senate is, come on, Senator, everybody can laws of the land, if I asked, do you be- is finally going to take up something dream up a new way to spend money. lieve there is a Federal law which al- that affects their lives, and it is going You have dreamed up a new way to lows the Federal Government a manda- to do it in a professional, bipartisan spend money. You want to have more tory recall of contaminated, deadly way. Thank goodness all the games are inspections. You want to send inspec- food products on the shelves of Amer- over. tors out to make sure our food is safe. ica, he would say, of course, that is No. Welcome to the U.S. Senate. Well, great. I can think up a way to why we have food safety agencies. The When we bring the matter to the floor spend money too. The argument is, if answer is no, there is no such law. The and ask for a chance to debate and de- you are going to spend money and add government has no power to recall liberate it, 1 Senator, who is on the to our deficit, the answer is no, no deadly and contaminated food products floor today, says no—not 99 Senators, 1 matter what you say, or you have to on shelves across America—amazing, Senator says no. come up with some way to pay for it but it is a fact. This bill we are trying We said to the Senator: If you object now. to call before the Senate will give the to the bill, you can vote against it. What I have to remind the Senator government the power to recall deadly He said: Not good enough. from Oklahoma—and he and I have had food. That is a major step forward. If We said to the Senator: If you want this debate over and over—this is an we did nothing else in this bill, it is a to offer an amendment to this bill, authorization bill. It does not spend major step forward. offer an amendment. money. In order to spend the money, The bill also gives the Food and Drug Not good enough. He says: No, I don’t you have to go through an appropria- Administration the authority to ex- want the Senate to take up this bill tions bill that actually spends it. In pand their inspections, not just here in and debate it. I don’t want them to other words, you are given a finite the United States, where there is plen- vote on this bill. I want this bill to die amount of money and you decide: What ty to be done—we are seeing an FDA right now. I don’t want it to go for- is a priority? I think this is a priority. inspector once a year as a novelty—but ward. Something else may not be funded. overseas, where there is literally no in- From my point of view, we are all en- This should be funded. It is an author- spection. As foods come in from all titled to our opinion. We are all enti- ization bill. over the world, we don’t know the tled to our political position. In the What about the cost of this bill? How standards they are using. Unfortu- Senate, one is entitled to speak their do we put the cost of this bill in com- nately, our people are vulnerable as a mind. In the Senate, one is entitled to parison to some other issues? Modern- result. debate and deliberate, to offer an izing the food safety system of America Should we have mandatory recall? amendment and have a vote. But at the costs us $280 million a year. That is Should we have more inspections? Ab- end of the day, if there is any fairness less than $1 for every American. Pro- solutely. I think that is a must to in this body, the majority will decide viding tax cuts for the wealthiest peo- make sure we don’t run into the trage- what goes forward. ple in America: $400 billion a year. dies we have seen repeated over and In this case, one Senator has said no. That is Senator MCCONNELL’s plan to over again. Hardly a week goes by that Nineteen Senators, Democrats and Re- extend the Bush tax cuts for the there isn’t some new food tragedy— publicans together, are not enough, wealthy. So $400 billion unpaid for, peanut butter, spinach, tomatoes, eggs. putting this together after the years of adding to the deficit, versus $280 mil- People get sick—and some die—week work that have gone into it. It is not lion to protect families from contami- after week, month after month. So the enough. That troubles me because I nated food. question is, Will we do something think this issue is a life-or-death issue. Let’s take a look at what happens about it? This morning’s Washington Post when you do not spend the money and

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7394 CONGRESSIONAL RECORD — SENATE September 23, 2010 have the inspection. In 2006, an E. coli contamination For 8 years, Richard ment, with debate on each of the listed outbreak cost spinach growers across has endured pain and suffering because amendments limited to 30 minutes, America $350 million in 1 year. That of it—migraine headaches, dry heaving, with the time equally divided and con- means that industry lost $70 million high blood pressure, and, after a series trolled in the usual form; further, that more than the entire cost of food safe- of dialysis treatments, kidney failure— when any of the listed amendments are ty inspection in the bill for 1 year. kidney failure. Last year, Richard was offered for consideration, the reading Would those growers rather have seen having a kidney transplant while the of the amendments be considered people not be victimized by a contami- House was debating and passing the waived and the amendments not be nated product and not seen their own food safety bill. subject to division; Harkin-Enzi sub- operations destroyed for an inspection? Richard and his mother Christine are stitute amendment; Tester amendment I think they would have. They are not following this food safety debate be- regarding small farms and facilities; the only ones. In 2008, the salmonella cause of their own family experience. Harkin-Enzi amendment in reference outbreak linked first to tomatoes and They are following it from Richard’s to technical and conforming changes; then to peppers cost the Florida to- hospital room. Days ago, Richard was and that once offered, the technical mato industry over $500 million. In a moved to the intensive care unit due to amendment be considered and agreed single year, tomato and pepper growers swelling in his brain and his inability to and the motion to reconsider be laid lost nearly twice as much as this food to speak. upon the table; Coburn amendment in safety bill costs. Doing nothing is not On the day the Senator from Okla- reference to offset for the cost of the only cruel to the unsuspecting cus- homa was informing the press of his bill; Feinstein amendment in reference tomers and consumers across America, objections to the food safety bill, to BPA; Leahy amendment in reference it is devastating to the food industry. Christine, Richard’s mom, was making to criminal penalties; that upon dis- That is why they support this bill. an airline reservation and making her position of the listed amendments up They understand they would rather be way back to her son’s hospital bed in or down and the use or yielding back of subject to inspection so the consumers Oklahoma. When Christine learned all time, the Harkin-Enzi substitute have more confidence in their product that her home State Senator was amendment, as amended, be agreed to, and they do not run the risk of having blocking food safety reform because of the committee-reported substitute their livelihood devastated by a food the cost, she immediately thought amendment, as amended, be agreed to, contamination outbreak. about the hundreds of thousands of dol- the bill, as amended, be read a third The cost of doing nothing can also be lars her middle-class family has spent time, and the Senate then proceed to measured in lost quality of life. Each on Richard’s medical care. vote on passage of the bill. year, 76 million Americans suffer from On behalf of her son, Christine stands The PRESIDING OFFICER. Is there a preventable foodborne illness. For with 89 percent of the American people objection? some of them, it is an upset stomach or who want Senator COBURN to stop Mr. COBURN. Mr. President, I object diarrhea, but for others it is more; blocking this food safety bill. She said and ask unanimous consent to be rec- 325,000 people are hospitalized, accumu- she has a simple question: ognized after the majority whip fin- lating large medical bills, each year, As the Senate is debating on S 510, I am ishes. and 5,000 people pay for food contami- taking an emergency flight to the hospital The PRESIDING OFFICER. Is there nation with their lives. That is the re- to be with my son. He’s been admitted again objection? ality of what they face. with complications stemming from his E. Without objection, it is so ordered. I know I take this bill personally be- coli infection. We can delay this legislation And the objection is heard. cause of the fact that I have come to no more. Mr. DURBIN. Mr. President, it is my know some of the people who are in- She writes: understanding that Senator COBURN ac- volved in food contamination. I want Something must be done. The time is now. tually sees, as I do, the need for us to to show you the photos of just two peo- How many more victims must there be? coordinate the food safety agencies and ple before I propound a unanimous con- That is the critical question. is proposing that we ask for a study for sent request and turn this over to my Is this a perfect bill? As I have said that purpose. I wish to join him in that colleague from Iowa. before and will say again, the only per- effort. Asking for a study is a good Marry Ann, shown in this photograph fect legislation that I am aware of was thing, but while a study is underway I have in the Chamber—this lovely tapped out on stone tablets and carried and we are waiting for the report, peo- lady—is an 80-year-old grandmother down a mountain by ‘‘Senator Moses.’’ ple will be dying from food contamina- who contracted E. coli from spinach We can improve this bill. We can enter- tion. just before she left to meet with her tain amendments that may improve I hope we can engage in this study family at the park for a Labor Day this bill. But to stop us in our tracks and move toward a single food safety gathering. She is from Mendota, IL, a and tell us we cannot even debate it or agency. I am with him all the way. small town near my hometown. She is deliberate it while the Senate sits Let’s save money in the process. And I alive today, thank God, but the kidney empty doing nothing is inexcusable think we can. We can come up with a failure, violent vomiting, and uncon- while people are suffering and dying professional, good agency in a bipar- trollable diarrhea are constant remind- across America. tisan way. But unless and until that is ers that her quality of life will never be We have a bill that has the support of done, we have to make reference to the the same. She is 80 years old, and she the industry and the consumers. We obvious; that is, the current system is struggles now to get by every day be- have come forward to this point. We not safe enough for American families. cause of food contamination. She is cannot turn back. As good as our food supply may be in standing with us in this fight to im- That is why, Mr. President, I ask America, we can do better. To stop prove our food safety system so that no unanimous consent that, at a time to now, after all of this work has been put one else has to endure what she has be determined by the majority leader, into this effort, with the objection of been through. following consultation with the Repub- only one Senator, strikes me as un- Now I would like to introduce you to lican leader, the Senate proceed to the fair—unfair to the people across Amer- a young man. I hope I do not mis- consideration of Calendar No. 247, S. ica who desperately need our protec- pronounce the name of his hometown. 510, the FDA Food Safety Moderniza- tion. Senator COBURN will know it better tion Act, and that when the bill is con- I yield the floor. than I. His name is Richard, and he is sidered, it be under the following limi- The PRESIDING OFFICER. The Sen- from Owasso, OK. At age 15, Richard tations: that general debate on the bill ator from Oklahoma. joined the unfortunate ranks of be limited to 2 hours, equally divided Mr. COBURN. Mr. President, what is foodborne illness victims. After he re- and controlled between Senators HAR- unfair in this country is the fact that turned home from a camping trip, KIN and ENZI or their designees; that we label bills to fix things and fix a lot Richard began experiencing headaches, the only amendments in order other of the symptoms, but we do not fix the diarrhea, and his urine turned black. than the committee-reported sub- underlying problem. We are going to He was later diagnosed with E. coli stitute be those listed in this agree- spend several hundred million dollars

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7395 when the bill ultimately goes through, everything, so, therefore, I shouldn’t ally make you feel better, but I don’t and much of it will be well applied, but participate in this. That is the implica- diagnosis the fact that there is a pneu- the underlying problem will never be tion. I am not saying the Senator said monia in your lung, you are going to fixed. that, but the implication is, you can’t get better for a little while and then The Senator mentioned we have 12 be involved so, therefore, you can’t you are going to get really sick. Then agencies—12 agencies across this gov- know enough to be involved. Well, hav- you come back. I have treated your ernment—responsible for food safety. ing run a $70 million-a-year business in symptoms the first time, and then I What I would contend to my colleagues the health care field, having managed treat your pneumonia and I get you is that the same amount of money we hundreds upon hundreds upon hundreds over that. Then I don’t follow up after spend now, if we spent it wisely, would of people, and being trained as a physi- that to see what the real cause of the give us a much safer food supply. cian in practice for 25 years, I know a pneumonia is, which was a little tumor All through the course of this debate, heck of a lot about food safety. What I in your lung that caused blockage I have had staff at every meeting rais- do know is if you don’t fix the prob- which caused the pneumonia. If I con- ing the consistent objections I have lems in the underlying agencies that tinue to treat symptoms, all I do is raised. At every meeting, one of my are responsible for food safety, it delay the time in which we get to the staffers has been there. They were ig- doesn’t matter how many bills we final fix for your problem. My analogy nored. I am not stopping this bill be- bring up. is I think that is what we are doing. I cause it was ignored; I am stopping the There is a prohibition in this bill. believe we have not been thorough bill because I do not think we are fix- Section 403, Jurisdiction Authorities: enough. The intentions are great, but I ing the true underlying problem. Nothing in this act or an amendment made don’t think we have been thorough Let me give you an example. Here is by this act shall be construed to alter the ju- enough. I understand foodborne ill- what Dr. Hamburg said. This is on the risdiction between the Secretary of Agri- nesses. I have treated a lot of them. I egg rule. culture and the Secretary of Health and have had a lot of them. When I was in We believe that had these rules been in Human Services under applicable statutes, Iraq for 30 days, I had it for most of the place at an earlier time it would have very regulations, or agreements regarding the time I was there. likely enabled us to identify the problems on products eligible for voluntary inspection The other question this has raised is under this agreement. this farm before this kind of outbreak oc- we can’t keep doing this. We can’t af- curred. We actually are doing something ford to keep doing this. We have more How long did it take them to develop wrong here—not just right. We are tell- than enough money at the USDA and the rule? Ten years. It started with ing them they can’t shift stuff around the FDA to do everything you want to President Clinton asking that this be to solve the problem. Not only do we do in this bill—more than enough. That addressed. Robert Reich went and in- not do the vigorous oversight that is is one of the things the American peo- spected and said it is unbelievable what required to actually fix the real prob- ple are asking of us. We are going to has happened. And what happened is, lems; we put up a roadblock, a silo make this point on a food safety bill, he initiated it with the FDA, the start. back up and say, By the way, you can’t and I am fine with the heat I will take Somebody ought to ask the question do any of this together. That is in the from the groups and the press on it, be- and hold accountable FDA taking 10 bill. cause I think the underlying principle years to get a rule so we have safe eggs What has happened? The FDA Com- is more important. It is easy to pass a in this country. We did not ask that missioner says had we put this rule bill that looks as if it does something. question. So the next thing that comes out, this probably wouldn’t have hap- And even if it does something, if it up after we pass a bill like this is that pened on the egg recall, salmonella en- passed on what we are going to spend we are going to see another problem teritis. It wouldn’t have happened. when we don’t address what we are because we are not fixing the core Where is the answer from the FDA? spending wisely, we will never get out problem. Where is the oversight hearing of the of the jam we put our kids in. Let me read to you from the over- FDA on why it took them 10, almost 11 To Senator DURBIN’s point: Yes, it is sight hearings the Senate has con- years to get a rule out on egg safety? an authorization bill. The Senator ducted on food safety. I think I have That is my core objection. from Illinois and Senator HARKIN, as them here. There was a full committee I want us to solve the problems. I well as every member of my caucus and hearing on October 22, 2009, ‘‘Keeping don’t have any problem with the issues every member of your caucus, get a let- American Families Safe, Reforming about foreign inspection. Mandatory ter the first of every Congress saying I the Food System.’’ There was a full recall I don’t have a problem with, al- would absolutely object to any bill committee hearing developing a com- though we have never had a food sup- that increases authorizations in this prehensive response to food safety on plier in this country that has not re- Congress that are not offset with a re- December 4, 2007. And there was a Sen- called when asked to recall. So having duction in less important, less priority ate Appropriations Committee over- a mandatory authority is a false claim items. I offered to do that to the ma- sight hearing on Hallmark/Westland because nobody has ever not recalled jority leader. I offered to give that to meat recall—a special hearing. There when they were asked to, because it is him 21⁄2 weeks ago. He hung up the was not one hearing that said: FDA, in their best interests to recall. phone on me; wouldn’t even say good- what are you doing, how are you doing My problems are characterized by bye. I said, I will give you a list. How it, and why are you doing it that way? this chart, when you think about the about the $500 million the U.S. Depart- There was not one hearing that said: egg recall. The USDA knew what was ment of Agriculture pays out to dead USDA, why in the world can’t you get happening on the farms in Iowa but farmers in crop payments—to dead your act together? We did not do the said nothing to the FDA. The FDA farmers who have been dead 6, 7, 8 structural oversight that is necessary didn’t look to see, and Congress didn’t years, still paying crop payments. We to fix these problems. want to hear about it. So we have a bill have plenty of money to pay for it. We I am not denying that this bill will before us that does a lot of good things, don’t want to do the hard work of get- have some positive effect. But it will but it doesn’t fix the real problem. ting rid of the things we should. not solve the problem. So we will pass That is my basic complaint. We are What America is screaming for now a bill, and then we will still have con- treating the symptoms of the disease. is they want food safety, but they want taminated food, but we will have an- My colleagues have heard my analogy security for their kids as well. If we swered the questions of late. We can’t before, but I am going to make it continue this bad habit of ignoring the keep running government that way. again. If you come in to see me, as a actual idea that there is a limitation I appreciate sincerely Senator DUR- practicing physician, and you have on how much we can spend, we will BIN’s efforts. We come from vastly dif- fever and chills and cough and body never solve any of the critical prob- ferent backgrounds. I don’t question aches and are short of breath, and I lems, whether we have clean food or his integrity, his desire, or his goodwill give you something to take care of not. to try to solve the problem. As he told your fever and chills; I give you some- I do honor my two colleagues who are me on the phone, I can’t be involved in thing to suppress your cough; I actu- in the Chamber. They are men of great

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7396 CONGRESSIONAL RECORD — SENATE September 23, 2010 intent, honest intent, caring hearts, safety, what we ought to do is hold ac- tion. We would make one line author- but I disagree on how we have gone countable the agencies—let me say it ity: This agency is responsible for all about this. This isn’t the first time I again—we ought to hold accountable the food safety in this country. That is have heard the wonderful eloquence of the agencies, because I am not sure a marvelous goal, Senator DURBIN. This Senator DURBIN. He is great at what he that we don’t have enough rules now. bill delays that happening. He is on to says and how he says it. He is a very What I think we have is not enough ef- the right thing. bright man. He makes his case well. fectiveness of the agencies and the dol- We need to get there, I agree. But But there are important things in this lars they spend. With the exception of when you go to Piggly Wiggly or country that we are ignoring, and this foreign inspections, which I fully sup- Homeland, as we have in Oklahoma, bill is an example of it. port—I fully support—anybody who and you go to the freezer section and Why in the world won’t we fix the wants to sell food in this country ought buy a pizza for Friday night when—in real problem? Why won’t we ask—you to pay for the inspections and we ought Oklahoma, you are going to play know, the one thing that should hap- to be able to certify that it is safe. I dominos after high school football is pen—it amazes me. There is not a hear- have no problem with that. There are a over. If you buy a cheese pizza, the De- ing scheduled on why it took 10 years lot of components of this bill I agree partment of Agriculture is responsible to have an egg safety standard. We with. But I refuse to agree to a unani- for that. But if you buy a pepperoni have allowed this. We have allowed it. mous consent request until we start pizza, it is the FDA. I may have them The other point I wish to make is, looking at the real problems under- reversed. I do have them reversed. The yes, the money has to get appropriated. lying not just the FDA and USDA but FDA is responsible for cheese pizzas. I agree with that. But we are going to the Pentagon, Health and Human Serv- How does that make sense? spend this money. Senator DURBIN, we ices, the Department of Justice. The It is a symptom of the disease in are going to spend it, aren’t we? waste in this government and our re- Washington. First of all, it is stupid. Mr. DURBIN. Not unless we appro- fusal to look at that waste and elimi- Second of all, it is inefficient. Third of priate it. nate it so we can do good things is one all, it guarantees the two agencies are Mr. COBURN. Does the Senator have of the reasons—not the only reason, not going to be talking to each other. every intent to make sure it is appro- one of the reasons—we find ourselves The Food and Drug Administration priated? $13.4 trillion in debt. and the USDA have—I think my num- Mr. DURBIN. If we can find the Ideally, how would we go about this? ber is correct; I may be wrong—187 money. Because one of the complaints is: agreements for how they work across Mr. COBURN. So wait a minute. If we COBURN, you stop things in their the field. Except you know what hap- can find the money. tracks. How would I have done it dif- pened with regard to the egg situation. Mr. DURBIN. If we can find the ferently? So I think I owe you an ex- Nobody paid attention to the agree- money. planation. First of all, the tomatoes ments. We have the rules. USDA did Mr. COBURN. The earlier statements were never contaminated. They were not tell the FDA. Then, finally, we of this will solve the problem, but yet thought to be contaminated. It was the have an egg producer—the State of we are not going to find the money. It jalapenos. So we, our agencies, identi- Iowa has done tons of stuff to say this should be 100 percent that we are going fied falsely a food that wasn’t contami- guy’s quality is poor. Did USDA do to find the money to do this. nated. So the agency is responsible for anything about it? No. Did the FDA do Mr. DURBIN. Will the Senator yield the $350 million cost for the tomatoes. anything about it? No. for a question? That is a very important point. The in- USDA knew there was a problem. It Mr. COBURN. I want to continue my competency of the agency cost $350 did not need any more inspections. point, if you don’t mind. You have al- million, which is a very different story They knew there was a problem. They ways been courteous to me and I will than my colleague from Illinois talked did not communicate it to the FDA as be courteous to you, but I wish to con- about. It was jalapeno peppers. per their protocol. tinue for a few minutes and then I will So how should we go about this? Be- What do we have going on here? We give my colleague the chance to re- fore we do one other thing on food safe- have a mess. As well-intentioned as spond. ty, every one of those agencies ought this bill is and as hard as the Senators Mr. DURBIN. I would say to the Sen- to know we are looking over their have worked on it on both sides of the ator, I was going to ask him a ques- backs all the time. That is the first aisle, it does not fix the cancer in the tion. thing. We should have routine over- lung that caused the pneumonia that Mr. COBURN. I will allow that in a sight hearings on the appropriate com- caused the fever, cough, chills, and few minutes. mittees three to four times a year. The malaise of the patient. Until we start If this bill is that important, and the second thing we ought to do is we drilling down to get to the real prob- majority whip says we will fund it if we ought to say, GAO, we want to know lems, the real issues of food safety, we can find the money, rather than saying everybody who has anything to do with are going to spend a lot of money. We we are going to fund this because this the quality of food in this country as are going to create a whole lot more is a priority—and he has the power to far as a Federal agency and we want to regulations. We are going to have an- make sure that gets done. Don’t let know their line responsibilities, we other 200-plus page bill. anybody kid you. If he wants this bill want to know their authorities, we What we ought to say is, time out. funded, he can get it funded. So the want to know X, Y, and Z, and their ef- Let’s do some things. Let’s have a one- point is, either it is going to be funded fectiveness. Because a GAO study at page bill that can pass by UC today and it is going to get spent and the ar- the Department of Agriculture, as well that says we are going to do safety in- gument about authorizations is bogus as the FDA, says they are incompetent spections on foreign foods. Done. We or there is going to be a real question at most of this stuff. I will be happy to can do it. That takes care of our for- on whether it is going to get funded. If give my colleagues the quotes. They eign food. there is a real question about whether lack the competency to carry out—how A good portion of our seafood is im- it is going to get funded, then the im- else do you explain that the FDA cost ported. It is farm raised. It is impor- portance of the issue isn’t nearly as the State of Florida $350 million by tant. We can do that tomorrow. We can great as we have explained it to be, falsely claiming that tomatoes weren’t have sanctions and penalties and crimi- which goes back to an argument we any good? That is incompetence. There nal penalties for Federal bureaucrats have had for the 6 years I have been is no excuse for it. There was no hear- who do not follow the rules of their here. ing held to hold them accountable. It is own agencies. I understand you don’t agree. I am a ignored in this bill. Everything was in place on the egg hardheaded guy from Oklahoma who So how would we go about it? We situation. We did not execute. We did actually believes we ought to make would find out everybody who has any- not carry the ball down the field. Here hard choices, we ought to downsize the thing to do with food safety. Then we is what we know about the DeCoster government rather than grow it; and would do what Senator DURBIN wants Egg Farms. They are a habitual viola- when we have an issue such as food to do. We would eliminate the duplica- tor. They have had eight known run-

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7397 ins or citations from State and Federal I would like to offer to the Senator quarterback. It is pretty easy from regulators. They were designated by from Oklahoma a compromise and tell that armchair. the State of Iowa as a ‘‘habitual viola- him I have spent much of the time he I want the Senator from Oklahoma tor.’’ Robert Reich called the state of was speaking reading S. 3832, a one- to come down to the field and offer his the farms simply atrocious. page bill, which calls for a plan within amendment, be part of the conversa- USDA inspections—I have a copy of 60 days from USDA and FDA and with- tion. Don’t just stand there and say no. the inspections—routinely noted un- in 1 year a joint report from Congress, As he says no, people will suffer and safe and unsanitary conditions without a GAO report. I am going to join him some will die. I think that is fun- communicating any of those concerns on this issue. damentally unfair. to the FDA. What I would like to suggest is the I yield the floor. What we had was a failure to execute. following: Because I am as committed The PRESIDING OFFICER. The Sen- It was seen. It was known. What we had as he is to food safety, I would like to ator from Oklahoma. in place did not work. But this bill does amend my request and make this a Mr. COBURN. Madam President, not fix that. It does not fix that. Coburn-Durbin amendment which will again, if I truly felt this bill was going I have treated a lot of people with be offered, which I guarantee I will to solve those problems, I would be out toxic e. coli in my life. That is what work night and day to get passed, so we here supporting it. I do not think so. causes kidney failure. Salmonella address the overall issue. In the mean- We have an inherent disagreement. hardly ever does that. It is not a fun time, while we are spending 6 months The Senator from Illinois can file a disease to have. There is nothing in or a year moving toward this goal, let’s cloture motion any time he wants to this bill that says we are going to at least make the current system as proceed to this bill. He can file it prioritize pathogens. You see, e. coli, safe as we can. Let’s do everything we today, and we can have a cloture vote compared to all the rest of the patho- can to protect the people of this Na- next week—we are not going to be gens, is much more important in terms tion. doing anything next week anyway— of hospitalization, death, morbidity, The Senator does not have to apolo- and we can go to the bill. File the clo- and mortality. So any food safety bill gize to me. I will be here tomorrow. ture motion, if that is how he feels ought to work on the most ravaging But this poor man in ICU in Oklahoma about the bill and he thinks I am dead problem first, not treat them all the may not be, and other people like him. wrong. File the cloture motion, get the same. Yersinia pestis, shigella, and sal- What I suggest to him is, I will join votes, and do it. monella cause enteritis, that is true. in a compromise. I will add an amend- What we are hearing is we want it to Rarely will you have long-term effects ment to the bill and cosponsor his lan- pass in a short period of time so there from those. But from toxic e. coli, it is guage in S. 3832 and ask my colleagues cannot be the real debate there needs a whole different actor. on this side of the aisle—all of them— to be on the problems in this country We ought to prioritize what we do in to join us in voting for them if the Sen- on food safety. That is what we just food safety through the food safety ator from Oklahoma will remove his heard. problems that cause the major prob- objection so we can go forward on this We have been talking about this lems. We do not do that. issue. We could have been here tomor- I know I have disappointed my col- important historic debate. row debating this bill. The fact is, they league from Illinois. I know he has Mr. COBURN. Madam President, I ap- did not file a cloture motion. They worked hard on this bill. We have some preciate the Senator’s offer, but I can- filed cloture motions 179 other times very stark philosophical differences not do that. I also want him to know this Congress, more than any other about how to make the government that this bill is not going to solve the Congress in the history, and the vast work better. I hope through the next problem of that gentleman from majority of them less than 24 hours few years to convince him more often Owasso, OK. This bill is not going to than not to go in a different direction. solve that situation because we are not after the bill was introduced. If the Senator really wants to have I know Senator HARKIN’s heart is one fixing the real problem. of the softest and best in our body. If Mr. DURBIN. Madam President, I the debate, put the bill on the floor, somebody has a problem, I don’t care must reclaim my time and say to the file cloture, and have the debate. I will what it is, he is interested in it. For Senator from Oklahoma, he cannot tell debate this for 30 hours. disappointing my colleague, I sincerely me how badly he feels for these victims Washington is great about saying apologize. For standing on my prin- and then stop the bill with which we they are fixing things. They are great ciples and what I believe, I do not. I do are trying to protect them. about passing bills. They are not great not see a great future for our country The Senator cannot tell me he wants about fixing things because they fix if we do not start changing the way we reform and then reject it. The bottom the symptoms, not the real disease. do things, whether it is drilling down line is the description he has given is That is the problem with this bill. It and looking at what the real problems about the USDA, and this bill is not does not drill down and fix the real dis- are with the agencies and doing the ap- about that agency. It is about the FDA. ease. propriate oversight and taking prior- I say to the Senator from Oklahoma, My hope is that we can fix the real ities and getting rid of things that do I agree with him. I want to help him. disease and that we will have the le- not work and making things that do But if he will not allow us to bring to gitimate, tough hearings on why and work work better. the floor a bill on which we worked for how and what is needed to be changed I worry about my grandkids, and I a year and a half, if he will not offer an in the agencies, not more regulations, worry about all of our grandkids. With amendment along the lines suggested, not more money, but holding the agen- them at $43,702 today per man, woman, then all he is doing is saying no. cies accountable, which we have not and child in this country, we cannot do If he is saying we cannot afford safe done. That is how Washington works. If it anymore. I am not going to do it food in America, I disagree. I think we there is a problem, we do not look at anymore. I will be as compliant as I can afford it, and I am willing to cut what we are doing already, we just cre- can be living within my principles, but other spending to pay for it. That is ate an answer for what we think needs I am just not going there. For that, I the only way it can get through the ap- to be done rather than holding people apologize. I apologize for disappointing propriations process. accountable. That is why we have a $3.9 my colleagues, but I sincerely regret But to just say no after all the work trillion budget. That is why our kids we could not have solved some of these that has gone into it because he does are bankrupt or getting ready to be be- problems along the way. not happen to like it—if the Senator cause we continue to make the same I yield the floor and yield to the Sen- from Oklahoma does not like it, offer mistakes. ator for a question, if he wishes. his amendment. If it is a good idea, the I do not apologize for my principles The PRESIDING OFFICER (Mrs. Senate will accept it. If he does not on this issue. If, in fact, we will ever HAGAN). The Senator from Illinois. have an amendment, then he is like me get to where we fix the real problems Mr. DURBIN. Madam President, I am on Monday night watching football in the Congress, my colleague will find going to yield to the Senator from when the Bears play the Packers decid- me as docile and compliant as any Iowa in just a moment. ing what Jay Cutler should be doing as other Member of the body. But do not

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7398 CONGRESSIONAL RECORD — SENATE September 23, 2010 tell me to treat pneumonia with an as- a more perfect system than what we I can understand why both sides sup- pirin because that is exactly what we have. I agree. We ought to have a more port it. Senator ENZI, Senator GREGG, are doing with this bill. perfect system, but I can’t get that Senator BURR, myself, Senator DUR- The PRESIDING OFFICER. The Sen- done. We can’t get that done here. But BIN’s staff, Senator DODD, and others ator from Iowa. we can do some good things and we can on our side have been working to- Mr. HARKIN. Madam President, first take some steps to make it better than gether, and I think we have a good bill. of all, to my friend from Oklahoma be- what it is and that is what this bill Is it perfect? No, it is not perfect. Is it fore he leaves the floor, I thank him for does. going to solve every single problem the his kind words. I appreciate that very Mr. COBURN. Madam President, if Senator from Oklahoma brought up? much. He is a very valuable member of the Senator will yield, I would just say No, it is not. I am not Pollyannaish our committee. We have done work to- that I think we ought to fix the real about this. But we do what is the art of gether in the past. problems. By fixing the symptoms, we the possible. We do what we can to I say to my friend from Oklahoma, I delay the time in which we fix the real make the system work better, to make agree with a lot of what he said. This problems, and I think that is what we sure we have less foodborne illnesses bill is not going to solve all our prob- are doing. than what we have today. This bill will lems. It may not solve a majority of I thank the Senator. do that, not 100 percent, but it will sure our problems. It will solve some of Mr. HARKIN. Well, I agree we are not cut down on the number of foodborne them. getting to the nub of it, but it is a good illnesses in this country. The Senator is right. We read about step forward. I mean, sometimes you This is long overdue. It is long over- these crazy pizza things—Agriculture do have to treat the symptoms before due. My goodness, the last time we ad- has one, FDA has the others. It is a you can get to the underlying cause. I dressed this issue on food inspection, crazy quilt work of things. am not a doctor. I don’t want to prac- under the jurisdiction of the FDA, was I say to my friend from Oklahoma, I tice medicine without a license. 1938. If I am not mistaken, it was in am about as frustrated as you are. I I would just say again—to repeat— 1938. I wasn’t born until 1939, and we have been chairman of Ag and I am this bill is a major step forward. It will haven’t even visited this since 1938. chairman of HELP. When I am on Ag not solve all the problems. I can under- Think of the changes that have taken and they want to get some stuff to stand that, and I think there is a lot of place in our country in the way we have jurisdiction over, then the people other things we need to do, but you process and ship food. My gosh, when at Health and Human Services step in have to do what is possible around these were passed in 1938, my own fam- and they say no. Now I am on HELP here. Politics is the art of the pos- ily had our own garden, we canned our and we want to get more jurisdiction sible—to try to move the ball forward, own vegetables, we canned our own for FDA and Ag says no. It drives you to make changes that are more bene- meat. Yes, we canned meat, in glass nuts sometimes. So you have these ficial than detrimental, and I believe jars, by the way. We process food differently now. We interlocks that have been built up over that is what this bill does. didn’t buy food from other countries or the years, and, yes, we have a crazy We have worked long and hard. I see halfway across the country. We ate lo- patchwork quilt. my colleague, Senator ENZI, is on the cally. We grew our own food. But times I would say forthrightly that what floor. I couldn’t ask for a better friend have changed, and we like it now. I like we need in this country, I believe, after and a better ranking member to work the fact that I can buy strawberries in having been through this for 35 years with. We reported this bill out last No- the middle of the winter in Washington on the Ag Committee in both the vember without one dissenting vote—a or I can buy a mango sometimes when House and Senate and now in the HELP voice vote. I want one or bananas and things such Committee for 22 or 23 years there, we I am sorry the Senator from Okla- as that. It is a wonderful system of need a single food safety agency in homa had to leave, but I would just say making food available. What is not so America that would pull from Ag and that he did not object. He is on our wonderful is how that food is inspected pull from FDA and set up a food safety committee, and he did not object to re- as it goes through the growing, the agency. porting out the bill. We had hearings, a picking, the processing, the shipping, I would say to my friend that agri- markup, and we went through all the the packaging, and then on to the con- culture has a lot of things on their right and normal procedures. Then, sumer. That is what is not working plate. They have exports, they have since last November, our staffs—Sen- well, and that is what this bill does ad- farms, they have a lot of stuff on agri- NZI ator E ’s staff, my staff, and others, dress. culture. FDA, they have drugs and all Senator GREGG’s staff, I know, Senator Again, the objection the Senator had the stuff with drugs that they have to BURR’s staff—have been involved, and in terms of it not being paid for, this is do—new drugs and investigational new we have too personally—the Senators an authorization bill, not a spending drugs and all this other stuff and then have been involved in this since at bill. I wish to clear up a few things. I they have some foodstuff. Foodstuff al- least the first of the year—working out know my friend from Wyoming is here, ways gets kind of left behind. I see the the problems and trying to get down to and I want to hurry up to give him the same thing in agriculture. They have a bill that would have widespread sup- floor, but just a couple of things I wish so many other things on their plate port on the floor. to cover for the record. that takes so much money, the food- Again, on something such as this, No. 1, on the deficit, there has been stuff gets kind of left behind. where we want to tackle a problem some talk about this increasing the So I think what we ought to do, if that is certainly not in any way par- deficit. I wish to make this very clear, you want to drill down, is to get rid of tisan, you would like to get broad sup- precisely clear, that according to the all that and put it in one food safety port for it. We kind of like to get some- CBO there will be no deficit increase agency. I have proffered this in the thing that would have a lot of folks, for 10 years on this bill. I wish to make past, but I don’t find much support for rather than a few, in order to send a that point. In fact, we added language, that. The institutional biases against strong signal that the Congress wants at Senator COBURN’s request, to have that are tremendous. So I say to my to make changes in the way we inspect Health and Human Services review its friend: You are right. This bill will not food in this country. own programs to trim any fat to help solve all our problems, but I think it is I would say this bill we have—if this ensure fiscal responsibility and we a good step. I think it is a good step bill were to come to the floor—would have a reporting system and other forward. It has strong bipartisan sup- get over 90 votes. I bet it would get things the Senator from Oklahoma port. It has the support of industry and over 90 votes. Maybe it would get 95, wanted and we put in the bill. consumers, and that doesn’t happen maybe 98, I don’t know, but there The next-to-the-last thing I wish to too often around here. would certainly be over 90 votes. So we say is this. The food industry wants There is that old saying: Don’t let have strong bipartisan support. As I this bill. Why do they want it? Well, on the perfect be the enemy of the good. I said, we have the industry that sup- the one hand, people get sick and peo- hear my friend from Oklahoma, and ports it and the consumers. That ple die. On the other hand, the food in- what he is saying is we ought to have doesn’t happen a lot around here. dustry suffers too. First of all, a lot of

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7399 times they get sued and they have to shows, the nonpartisan Congressional restores their confidence in the safety of the pay out big compensations. But, sec- Budget Office has indicated that this food they eat, and addresses the challenges ondly, the disruption costs them a lot legislation does not contribute to the posed by our global food supply. of money. When salmonella led to the Federal deficit. Sincerely, American Beverage Association, Amer- recall of tomatoes, the entire Florida Our bill has no mandatory spending— ican Frozen Food Institute, American industry suffered, losing over $500 mil- only authorized spending. This legisla- Public Health Association, Center for lion in revenue—$500 million. When we tion, like countless others that have Foodborne Illness Research & National had E. coli in spinach, growers lost $350 passed this year, will be subject to the Restaurant Association, The PEW million. So they have an interest also annual budget and appropriations proc- Charitable Trusts, Trust for America’s in making sure we have a good food in- ess. Health, Snack Food Association, spection system, and that is why they Furthermore, during the negotia- S.T.O.P. Safe Tables Our Priority, U.S. are for this bill. tions on the bill, we added language at Chamber of Commerce, U.S. Public In- terest Research Group. I have letters from the Grocery Man- Senator COBURN’s REQUEST to have National Association of Manufacturers, ufacturers Association, the U.S. Cham- HHS review its own programs to trim National Coffee Association of the ber of Commerce, National Restaurant any fat to help ensure fiscal responsi- USA, National Confectioners Associa- Association, Consumers Union, PEW bility. The Secretary is required to an- tion, National Consumer League Edu- Charitable Trust, the Center for nually report her findings to Congress cation, Center for Science in the Public Science in the Public Interest, Trust on these programs’ effectiveness in Interest, Consumer Federation of for America’s Health. achieving their goals. America, Consumers Union, Food Mar- It is a rare thing when I can say that Conservative Republicans like Sen- keting Institute, Grocery Manufactur- both the Chamber of Commerce and the ers Association, International Bottled ators GREGG, ENZI, and BURR all sup- Water Association, International Dairy Center for Science in the Public Inter- port this bill. I am again disappointed Foods Association. est are on the same page. You have that Senator COBURN won’t even let us Madam President, Senators often pretty broad support. So it is a shame consider it on the Senate floor, even talk about the importance of address- we can’t move this bill forward. It is though we have agreed to give him an ing so-called ‘‘kitchen table’’ issues’’— needed. opportunity to offer his amendment to the practical, everyday concerns of I wish to also pay my respects to the bill. working Americans. Well, food safety Senator DURBIN. He has been working While I am here on the floor today, I is literally a ‘‘kitchen table’’ issue. on this issue, literally, I know for the would like to address some other And it couldn’t be more urgent or over- last 10 years. He has been bugging me misstatements that I have heard about due. It is shocking to think that the about it for 10 years, and I didn’t even this legislation as we have worked over last comprehensive overhaul of Amer- have the power to do anything about it. these past weeks and months to bring ica’s food safety system was in 1938— So I know he has been insistent we it to the floor. First, there are claims more than seven decades ago. work on this for a long time. Our com- that this bipartisan legislation is On the whole, Americans enjoy safe mittee has taken it up under Senator harmful and burdensome to the food in- and wholesome food. The problem is ENZI’s leadership, then later under Sen- dustry. I find that very hard to believe. that ‘‘on the whole’’ is just not good ator Kennedy, and now it falls to me, This legislation has widespread support enough. as chairman, to work together on it in amongst industry and consumer As you can see from this chart, re- a very good bipartisan way. groups. The reality is that every time cent food-borne outbreaks in America Madam President, on November 18, there is an outbreak of foodborne ill- have been wide in scope and have had a 2009, the Senate Committee on Health, ness, the food industry suffers, as con- devastating impact on public health. Education, Labor, and Pensions re- sumers lose confidence in the safety of When kids die from eating peanut- ported out S. 510, the FDA Food Safety our food supply. butter sandwiches their mothers pack Modernization Act, without a single When salmonella contamination led for lunch, we have a problem. When dissenting vote. Since that time, the to the recall of tomatoes, the entire people get sick—and many die—from bipartisan group of cosponsors—Sen- Florida tomato industry suffered, los- eating bagged spinach and lettuce, we ators DURBIN, DODD, and I on the ing over $500 million in revenue. have a problem. When cookie dough Democratic side, and Senators ENZI, And during the 2006 spinach e. coli sold in supermarkets contains deadly GREGG, and BURR on the Republican contamination that originated at a sin- E. coli, we have a problem. When 1,000 side—have continued to work with Sen- gle farm, the spinach industry lost $350 Americans get sick from eggs that ators on both sides of the aisle to re- million. have been recalled for possible sal- fine and improve this much needed leg- The good actors in the food industry monella contamination, it is undeni- islation. already take steps to prevent food able that we have a problem. Legislation to reform our Nation’s borne illness, but the entire industry As you can see from this chart, the outdated food safety system is long suffers when FDA does not have suffi- Centers for Disease Control and Pre- overdue. And that is why I am so deep- cient authority to ensure that all proc- vention estimate that foodborne ill- ly disappointed that after all of this essors will sell safe food. nesses cause approximately 76 million work, the Senator from Oklahoma has I have received letters from the Gro- illnesses a year, including 325,000 hos- decided he will not allow us to move cery Manufacturing Association, U.S. pitalizations and 5,000 deaths. the bill forward. Chamber of Commerce, National Res- According to Georgetown University, I understand that Senator COBURN’s taurant Association, The PEW Chari- these foodborne illnesses costs the primary objection to the legislation is table Trust, Consumers Union, Center United States $152 billion per year in that it is not paid for. I think that ob- for Science in the Public Interest, and medical expenses, lost productivity, jection is misguided, for reasons that I Trust for America’s Health, to name a and disability. will explain. But I would also like to few. It is a rarity when I can say that Those numbers are just staggering. emphasize that the unanimous consent both the Chamber of Commerce and This is like learning that, each year, agreement proposed yesterday by the CSPI are on the same page. Here are nearly 200,000 people in the United majority leader, and objected to by several letters of support by both States die because of medical errors Senator COBURN, would have allowed groups and a joint letter that both in- and hospital-acquired infections—most the Senator to have an up or down vote dustry and consumer groups have of them totally preventable. on an amendment to offset the cost of signed. Let me read an excerpt from As this chart shows, the cost of the bill, notwithstanding the fact that the joint letter: foodborne illnesses in my home State the bill contains no mandatory spend- of Iowa alone is nearly $1.5 billion per Our organizations—representing the food ing. industry, consumers, and the public-health year. I know Senator COBURN states that community—urge you to bring S. 510 to the These aren’t just numbers, these are this bill will contribute to the federal floor, and we will continue to work with real people. Real people like Kayla deficit. However, I have to respectfully Congress for the enactment of food safety from Monroe, IA. On October 22, 2007, disagree. In fact, as this chart clearly legislation that better protects consumers, Kayla turned 14 and passed her driver’s

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7400 CONGRESSIONAL RECORD — SENATE September 23, 2010 test. The next day she stayed home level of oversight was inadequate. But And, as I previously mentioned, this with a foodborne illness and was admit- today, a full decade into the 21st cen- bill gives FDA the authority to order a ted to Pella Community Hospital when tury, we have 150,000 food processors, mandatory recall of food. her symptoms worsened. She did not twice as many plants, and the problem I want to say a word about the im- respond to antibiotics and within a has grown far worse. Today FDA in- pact of this legislation on farms and week her kidneys began to fail. Kayla spectors make just 6,700 visits each small processors. I have long said that was transferred to Blank Children’s year; only one-fifth as many visits as our new regulations should be effec- Hospital for dialysis, but her condition they made three decades ago. This is tive, but not excessively burdensome. I continued to deteriorate. She suffered absurdly inadequate. It is a wide-open am proud to say that this legislation a seizure and began to have heart prob- door to an endless series of outbreaks comprehensively modernizes our food lems. Just a few days later Kayla’s of foodborne illness. safety system, but does so without in- brain activity stopped and her parents As this chart shows, the FDA Food jury to farms and small processors. made the painful decision to take their Safety Modernization Act overhauls There are requirements throughout beautiful 14-year-old daughter off life our food safety system in four critical this bill to assure that the compliance support. ways: burdens on farms and small processors These things are totally intolerable. It improves prevention of food safety are minimized to the extent prac- And yet, apparently, we tolerate them. problems, improves detection of re- ticable, and the legislation directs FDA Well, no more. We can no longer tol- sponse to foodborne illness outbreaks to exempt both small processors and erate the unnecessary pain, suffering, when they do occur, enhances our Na- farms from certain provisions of this and death caused by America’s anti- tion’s food defense capabilities, and in- bill if they are engaged in low-risk ac- quated, inadequate food safety system. creases FDA resources. tivities. Let’s put it plainly: Our current reg- With the most recent recall for pos- As this chart shows, this bill makes ulatory system is broken. It does not sible Salmonella contamination in at several accommodations to address the adequately protect Americans from se- least 550 million eggs, we have yet an- concerns of small businesses. We have rious, widespread foodborne illnesses. other example of how this food safety included language to ensure that state Bear in mind that, at the beginning bill, had it been in place, could have and federal personnel help educate of the 20th century, Americans ate a improved the FDA’s ability to prevent small businesses about the new regula- much simpler fare—and, most of the and respond to the outbreak. This bill tions and help folks comply with these time, they prepared meals from basic includes the following provisions that regulations. This approach is tied to ingredients in their own homes, with would have been beneficial to respond risk, grounded in common sense, and their own hands. to this contamination and prevent fu- set up to help everyone succeed. I am Today, our meals have grown more ture contamination: confident we have addressed the legiti- It requires stronger trace back provi- complex, with much more varied ingre- mate concerns we have heard from sions so the contamination source and dients and diverse methods of prepara- small business owners tion. By the time raw agricultural affected egg products could have been This food safety bill has been bipar- products find their way to our dinner more readily and quickly identified. tisan from the beginning. It is an im- It provides the FDA with mandatory plates, multiple intermediate steps and portant, measured, and necessary ef- recall authority in the event that busi- processes have taken place. Food ingre- fort to modernize our food safety sys- nesses do not voluntarily recall prod- dients typically travel thousands of tem and protect American consumers miles from farms to factories to fork ucts. It requires retailers to notify con- across the country from foodborne ill- and they are intermingled and mixed sumers if they have sold food that has ness. together along the way. been recalled so consumers may have I hope we can find a path forward and We love today’s broader selection of been aware of the contamination soon- move this critical legislation as soon fresh foods available year-round. But er. as possible. this brings with it major new food safe- It provides stronger disease surveil- I have some letters here, Madam ty challenges. For instance, we rely lance so the outbreak may have been President, and I also ask unanimous more on foods imported from countries discovered earlier. It includes stronger consent to have these printed in the with less rigorous inspection rates and enforcement provisions that would gen- RECORD at the end of my comments in different production standards and con- erally deter producers from cutting support of this bill. The PRESIDING OFFICER. Without ditions than our own. corners on food safety so the contami- Yet despite dramatic changes in our objection, it is so ordered. nation may have been prevented or de- tastes, as well as in methods of produc- (See exhibit 1.) tected sooner. Mr. HARKIN. It is a shame we can’t tion and distribution, our food safety It gives the FDA increased access to move this forward. Like I said, it would laws have not changed. The U.S. regu- company records to identify contami- get over 90 votes. I think we could dis- latory system has failed to incorporate nated foods so the likelihood of con- pose of a couple amendments fairly the latest scientific research on ways tamination may have been minimized. to make and keep food safe. Another The bill before the Senate today will rapidly. I don’t think it would take shortcoming: Food safety agencies are also dramatically increase FDA inspec- much time at all to move this legisla- still encumbered by methods that often tions at all food facilities. And it does tion. So I am hopeful that even though allocate disproportionate resources to much more. It will give FDA the fol- we can’t take it up now, maybe we can activities that do little to make our lowing new authorities: work with the Senator from Oklahoma, food safer. FDA’s own subcommittee on It requires all food facilities to have perhaps work something out to get Science and Technology concluded in in place preventive plans to address some kind of agreement to get this 2007 that FDA does not currently have identified hazards and to prevent adul- moving forward. the capacity to ensure the safety of our teration; and it gives FDA access to As I yield the floor, Madam Presi- food. those plans. dent, I will recognize and thank my OK, so what do we need to do? It expands FDA’s access to records in colleague from Wyoming, Senator For starters, we need improved proc- a food emergency. ENZI, who has also worked diligently esses to prevent the contamination of It requires importers to verify the for a long time, and his staff. I will tell foods and improved methods to provide safety of imported food. him we will continue to work on this safe food to consumers. To achieve It strengthens surveillance systems bill. We will continue to try to see this, more testing and better methods to detect foodborne illnesses. what we can do to overcome some of of tracking food can be utilized to It requires the Secretary of the De- these bumps in the road and try to get verify that the processes are working. partment of Health and Human Serv- this bill through. Thirty years ago, the Nation had ices to establish a pilot project to test So I thank my friend from Wyoming 70,000 food processors and the FDA in- and evaluate new methods for rapidly for his great leadership and his work- spectors made only 35,000 visits a year tracking foods in the event of a ing relationship specifically on this bill to cover these processors. Even that foodborne illness outbreak. but on a lot of other things too.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7401

EXHIBIT 1 Our member/subscribers, seeing recurring to work with you and your colleagues to SEPTEMBER 15, 2010. news of outbreaks and recalls, identify the enact meaningful food safety legislation. Senator HARRY REID, need for Congress to fix our food safety sys- Regards, Office of the Senate Majority Leader, Capitol tem as a top priority. Your legislation would JENNIFER HATCHER, Building, Washington, DC. do this by providing the Food and Drug Ad- Senior Vice President, Government Relations. Senator MITCH MCCONNELL, ministration (FDA) with a mandate to pre- Office of the Senate Minority Leader, Capitol vent foodborne illness, requiring companies FOOD & WATER WATCH, Building, Washington, DC. to implement food safety plans, setting Washington, DC, September 13, 2010. DEAR MAJORITY LEADER REID AND MINOR- standards for high-risk foods, establishing Hon. RICHARD DURBIN, ITY LEADER MCCONNELL: Our organizations more frequent inspections, giving FDA au- U.S. Senate, are writing to urge you to schedule a vote on thority to recall dangerous foods, and ensur- Washington, DC. S. 510, the FDA Food Safety Modernization ing imported food meets the same standards Hon. JUDD GREGG, Act of 2009, at the soonest possible date. The as food produced here. These changes provide U.S. Senate, HELP Committee approved a strong, bipar- FDA with the modern tools it needs to as- Washington, DC. tisan bill in November, and we believe that a sure consumers that food they buy is safe to DEAR SENATORS DURBIN AND GREGG: On be- vote would keep the momentum going for en- eat. half of the non-profit consumer organization actment of landmark food-safety legislation. We appreciate the hard work by the bipar- Food & Water Watch, I am writing to urge Strong food-safety legislation will reduce tisan cosponsors of the FDA Food Safety the U.S. Senate to pass S. 510, The FDA Food the risk of contamination and thereby better Modernization Act to reach agreement on Safety Modernization Act, as soon as it re- protect public health and safety, raise the legislation that will protect the public from convenes this week so that it can be bar for the food industry, and deter bad ac- foodborne disease. We urge the Senate to conferenced and reconciled with its House tors. S. 510 will provide the U.S. Food and complete work on this important legislation. companion bill, H.R. 2749, The FDA Food Drug Administration (FDA) with the re- Sincerely, Safety Enhancement Act. The bill that you have authored contains sources and authorities the agency needs to DAVID W. PLUNKETT, many strong features that will strengthen help make prevention the focus of our food Senior Staff Attorney. the Food and Drug Administration’s (FDA) safety strategies. Among other things, this CAROLINE SMITH DEWAAL, ability to regulate food safety for the prod- legislation requires food companies to de- Food Safety Director. ucts it regulates: velop a food safety plan; it improves the It will require food processors to establish safety of imported food and food ingredients; FOOD MARKETING INSTITUTE, food safety plans that will include preven- and it adopts a risk-based approach to in- Arlington, VA, September 13, 2010. tive control measures to mitigate the possi- spection. Hon. RICHARD DURBIN, bility of adulterated food from entering the Our organizations—representing the food Hart Senate Office Bldg, food supply; industry, consumers, and the public-health Washington, DC. The bill will improve FDA’s ability to po- community—urge you to bring S. 510 to the Hon. JUDD GREGG lice the safety of the ever-growing volume of floor, and we will continue to work with Russell Senate Office Bldg, food imports; Congress for the enactment of food safety Washington, DC. S. 510 gives the FDA the authority to es- legislation that better protects consumers, DEAR SENATOR DURBIN AND SENATOR tablish performance standards on the food restores their confidence in the safety of the GREGG: On behalf of the Food Marketing In- industry to achieve pathogen reduction tar- food they eat, and addresses the challenges stitute (FMI) and its 1,500 food retail and gets; posed by our global food supply. wholesale member companies, I would like The bill gives FDA the authority to recall Sincerely, to express our strong support for S. 510, the adulterated food items when a company re- American Beverage Association, Amer- FDA Food Safety Modernization Act. fuses to do so voluntarily. ican Frozen Food Institute, Center for FMI members operate approximately 26,000 We are concerned, however, with the in- Foodborne Illness Research & Edu- retail food stores with combined annual sales spection frequency that is included in the cation, Center for Science in the Public of roughly $680 billion, representing three Managers Amendment that will be offered as Interest, Consumer Federation of quarters of all retail food store sales in the a substitute to the version of S. 510 that was America, Consumers Union, Food Mar- United States. The most important goal for reported out of the Senate Health, Edu- keting Institute, Grocery Manufactur- these companies is ensuring that the prod- cation, Labor and Pensions Committee last ers Association, International Bottled ucts they sell are safe, affordable and of the fall. While the language in the Managers Water Association, International Dairy highest quality as possible. As the pur- Amendment may in fact reduce the time be- Foods Association, National Associa- chasing agent for the consumer and the final tween FDA inspections of food facilities, we tion of Manufacturers, National Coffee link in the supply chain, the supermarket in- still believe that an inspection frequency of Association of U.S.A., Inc., National dustry continually seeks ways to work with once every five years for high-risk food Confectioners Association, National our suppliers and government to enhance the plants and every seven years for low-risk Consumers League, National Res- safety of the food supply. plants is woefully inadequate. We remain un- taurant Association, The PEW Chari- We applaud your leadership and the spon- convinced that had all of the other provi- table Trusts, Trust for America’s sors of this legislation for working in a bi- sions in S. 510 had been in place at the time Health, Snack Food Association, partisan manner to develop a bill that will of the massive Wright County Egg and S.T.O.P Safe Tables Our Priority, U.S. help assist us in this endeavor by ensuring Hillandale Egg Companies recalls that we Chamber of Commerce, U.S. Public In- that FDA has the necessary authority, re- would have not had a similar food borne ill- terest Research Group. sources and commitment to its food protec- ness outbreaks occur because these two tion responsibilities. firms would not have been receiving FDA in- CENTER FOR SCIENCE We are particularly pleased with the legis- spections frequently enough to ensure that IN THE PUBLIC INTEREST, lation’s aggressive focus on prevention. Pre- they were complying with the law. Only with Washington, DC, September 8, 2010. venting food safety problems from occurring adequate enforcement of food safety laws Hon. RICHARD DURBIN, by mitigating risk will have the greatest im- and regulations will we see compliance with U.S. Senator, U.S. Senate, Washington, DC. pact on improving food safety. In addition those standards by industry. Hon. JUDD GREGG, we support: We are also sympathetic to the calls from U.S. Senator, U.S. Senate, Washington, DC. small processors and small farmers who are The requirement to have food safety plans DEAR SENATORS DURBIN AND GREGG: The fearful, that some of the provisions of S. 510 in place; Center for Science in the Public Interest will cause undue burdens on them. We ap- (CSPI) supports the bipartisan agreement on The granting of mandatory recall author- plaud the inclusion in the Managers Amend- a manager’s amendment to S. 510, the FDA ity to the FDA; ment of a technical assistance program for Food Safety Modernization Act, and urges FDA working with industry to develop en- small processors and farmers and direction the Senate to pass S. 510 (as amended) at the hanced traceability systems; to FDA to take into account the impact on earliest possible date. CSPI is a nonprofit The recognition of accredited third-party small business when the agency drafts its health advocacy and education organization programs to help supplement FDA efforts; food safety regulations. We also believe that focused on nutrition, food safety, and alcohol and there are merits to the provisions in the issues, and supported by the 900,000 member/ The flexibility provided to help prevent amendment that has been crafted by Senator subscribers to its Nutrition Action one-size-fits-all solutions to improving food Jon Tester that those small processors and HealthLetter. safety. farmers who sell most of their products di- The FDA Food Safety Modernization Act is Each of these provisions are important rectly to consumers, restaurants, and other a critically needed update to our 70-year-old building blocks in creating a more effective local businesses should not be subject to all food safety laws. Today, millions of con- and efficient food safety system. FMI values provisions of the bill in light of the fact that sumers suffer preventable food-borne ill- the public-private relationship that we share the supply chain is very short. It is our un- nesses, hospitalizing hundreds of thousands with the government to protect the nation’s derstanding that additional consumer pro- and causing thousands of pre-mature deaths. food supply and look forward to continuing tections have been added to Senator Tester’s

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7402 CONGRESSIONAL RECORD — SENATE September 23, 2010

amendment, so we strongly urge your sup- of the illness, knowing that every day more AMERICAN FEED port for its inclusion in the final bill passed people are getting sick, some seriously. In INDUSTRY ASSOCIATION, by the Senate, the meantime, the public must be warned to Arlington, VA, September 9, 2010. We commend your efforts to bring this bill avoid the food of concern, creating anxiety Hon. TOM HARKIN, to the Senate floor, This bill has enjoyed bi- for consumers and economic losses for farm- Hon. MICHAEL B. ENZI, partisan support from its inception and it is ers, food processors and retailers. Senate Committee on Health, Education, Labor, a credit to those who have taken a leader- This time we’re seeing this pattern play and Pensions, U.S. Senate, Washington, ship role in this legislation’s development. out with Salmonella Enteriditis in eggs, DC. Should there be questions regarding this DEAR CHAIRMAN HARKIN AND RANKING MEM- with illnesses in 22 states and more than half letter, please feel free to contact me, BER ENZI: On behalf of the membership of the a billion eggs being recalled. But in recent Sincerely, American Feed Industry Association (AFIA), years it has been spinach, salsa, peanut but- WENONAH HAUTER, I write to commend your bipartisan efforts ter, bean sprouts, cookie dough, green on- Executive Director. to craft well-reasoned, science-based legisla- ions—the list goes on and on, covering many tion to enhance FDA’s regulation of U.S. of our most common foods. Many people are TRUST FOR AMERICA’S HEALTH, food safety. AFIA wishes you to know of its September 8, 2010. left wondering: heading into the second dec- strong support for S. 510, the FDA Food Safe- ade of the 21st century, why can’t we prevent Senator RICHARD DURBIN, ty Modernization Act of 2009, as reported by U.S. Senate, and react more effectively to the threat from the Senate Committee on Health, Education, Washington, DC. foodborne illness? Labor & Pensions (HELP), a bill we believe Senator JUDD GREGG, Sadly, the answer is simple. As President will provide FDA with authorities identified U.S. Senate, Obama said during last year’s peanut butter as necessary to help prevent and, when nec- Washington, DC. outbreak, caused by a different form of Sal- essary, deal with food safety episodes. DEAR SENATORS DURBIN AND GREGG: Trust monella, we have a food safety regulatory AFIA is the only national trade associa- for America’s Health (TFAH), a nonprofit, system designed early in the 20th century, tion representing the manufacturers of live- nonpartisan public health advocacy organi- one that must be overhauled, modernized stock, poultry and pet foods. Our more than zation, would like to express our strong sup- and strengthened for today. 500 member companies also include feed and port for immediate Senate passage of the Under the current system, FDA is often pet food industry ingredient suppliers, the FDA Food Safety Modernization Act (S. 510). forced to chase food contaminations after animal health industry, equipment manufac- Although every American depends on the they have occurred, rather than protecting turers and those firms providing goods and safety of the food they serve to their fami- the public from them in the first place. Dif- services to the industry. In addition, AFIA lies, the Food and Drug Administration ficulties in tracking the movement of food membership includes more than two dozen (FDA) lacks the tools to ensure that safety. from its origin to its eventual sale to the state, regional, national and international S. 510 would finally help bring the FDA into public (often far across the country) can trade associations representing various fac- the 21st century. ets of the commercial feed and pet food in- Approximately 76 million Americans—one frustrate efforts to identify contaminated food. The biggest surprise to most people: dustries. in four—are sickened by foodborne disease Food safety is AFIA’s number one priority. FDA cannot order a recall of contaminated each year. Of these, an estimated 325,000 are We strongly support science-based ap- food once it is found in the marketplace. Al- hospitalized and 5,000 die. A recent study by proaches to improve the safety of America’s though government has a crucial role in en- Ohio State University found that foodborne food system. Our commitment is reinforced suring the safety of our food supply, strong illnesses cost the U.S. economy an estimated through AFIA’s Safe Feed/Safe Food pro- regulation has been missing. An overhaul of $152 billion annually. With multiple severe gram, as well as through the industry’s our antiquated food safety system is long food outbreaks in recent years, it is urgent third-party Feed Certification Institute overdue. that the Senate take this step to keep Amer- (FCI), efforts which help the industry con- icans safe. Proposed food safety legislation would give sistently operate well above FDA require- The FDA Food Safety Modernization Act FDA better ways to more quickly trace back ments. AFIA believes enhancements as con- would place more emphasis on prevention of contaminated products to the source, the tained in S. 510 will help make a very good foodborne illness and give the FDA new au- ability to check firms’ safety records before federal food safety system even better. thorities to address food safety problems. problems occur, clear authority to require AFIA pledges its effort to help you to Under this legislation, food processors would firms to identify and resolve food safety haz- quickly pass S. 510 in the Senate, and will be required to identify potential hazards in ards, and resources to find additional inspec- continue these efforts through conference their production processes and implement tions and other oversight activities. Pending committee action with the House. AFIA preventive programs to eliminate those haz- legislation would also give the agency man- looks forward to working with Congress to ards. Additionally, the bill would require datory recall authority, and other strong en- enact this important food safety legislation. FDA to inspect all food facilities more fre- forcement tools, like new civil penalties and Sincerely, quently and give FDA mandatory recall au- increased criminal penalties for companies JOEL G. NEWMAN, thority of contaminated food. S. 510 is a bi- that fail to comply with safety require- President and CEO. partisan bill, with widespread support from ments. In a world where more and more food industry, consumer groups, and public health is imported, the legislation also would CONSUMER FEDERATION OF AMERICA, organizations. The bill passed the Senate strengthen FDA’s ability to ensure the safe- Washington, DC, September 8, 2010. HELP Committee with a unanimous voice ty of imported food. Hon. DICK DURBIN, vote, and food safety legislation passed the The good news is that a bipartisan major- U.S. Senate, House last year with overwhelming bipar- ity in the House of Representatives passed Washington, DC. tisan support. major food safety legislation last year that Hon. JUDD GREGG, We thank you for your strong leadership would move the United States from a reac- U.S. Senate, on this legislation. If you have any ques- tive food safety system to one focused on Washington, DC. tions, please do not hesitate to contact DEAR SENATOR DURBIN AND SENATOR preventing illness. Likewise in the Senate, a TFAH’s Government Relations Manager, GREGG: Consumer Federation of America bipartisan coalition has developed a strong Dara Alpert Lieberman. strongly supports passage of the FDA Food food safety bill that is ready for the Senate Sincerely, Safety Modernization Act (S. 510). CFA is an floor. This legislation has the support of a JEFFREY LEVI, Ph.D, association of nearly 300 nonprofit consumer remarkably broad coalition of public health, Executive Director. organizations that was established in 1968 to consumer and food industry groups. We com- advance the consumer interest through re- mend both chambers for their hard work. DEPARTMENT OF HEALTH search, advocacy and education. AND HUMAN SERVICES, Now it’s time to finish the job. We encour- Foodborne illness strikes tens of millions September 10, 2010. age Senators to support a critical and com- of Americans each year, sends hundreds of DEAR MEMBER OF CONGRESS, The events of monsense piece of public health legislation. thousands to the hospital, and kills approxi- the past two weeks have illustrated a pat- And, we urge the House and Senate to quick- mately 5,000 of us. The diseases are more tern that is all too familiar. Local health of- ly deliver a modern food safety bill to the than ‘‘just a bellyache.’’ Many victims suffer ficials around the country begin to see an President’s desk. It’s time to break the pat- long-term chronic health problems including uptick in illnesses from a particular source. tern of foodborne illnesses and economic reactive arthritis, kidney failure and As they notify the Centers for Disease Con- loss. It’s time to give FDA the modern tools Guillain-Barre´ syndrome. Children under the trol and Prevention, epidemiologists begin and resources it needs to meet the challenges age of 5 are the most frequent victims of to see a pattern in the illness and outbreak of the 21st century. foodborne illness. People over age 60 are reports, identify a food as the likely cause, KATHLEEN SEBELIUS, most likely to die after contracting a food- and notify the Food and Drug Administra- Secretary, Department of Health related illness. The economic costs are enor- tion (FDA). FDA, state health and local offi- and Human Services. mous. A recent study estimated the annual cials then deploy investigators across the MARGARET A. HAMBURG, M.D., cost of all foodborne illnesses to be $152 bil- country, furiously searching for the source Commissioner of Food and Drugs. lion.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7403 The suffering and heartbreak and deaths I have always considered workplace you mention one word with that par- are pointless. Foodborne diseases are almost safety as one of the most important ticular issue, everybody plunges into entirely preventable. They continue to rage missions of the HELP Committee. The the weeds and states the same argu- because our nation’s primary food safety first bill I did was on OSHA. I have ments they have always done without agency, the U.S. Food and Drug Administra- tion, operates under the constraints of a 70- been pleased to work across the aisle to listening to what the other side is say- year-old law that is largely extraneous to improve safety, and that is exactly ing. I have found you can work through current threats to food safety. The Food, what I have tried to do this year, as those issues as well, as long as you can Drug and Cosmetic Act does not give the well, with my colleagues from West get people back up to the surface, out FDA a specific statutory mandate, appro- Virginia and members of the com- of the weeds, and get them to figure priate program tools, adequate enforcement mittee under the direction of Chairman out something that allows both sides authority or sufficient resources to stop HARKIN, who has been very helpful on to save face. Yes, there is that problem foodborne disease before it strikes us and our this. around here, too. This formula has loved ones. S. 510 changes the paradigm for fighting As my colleagues well know, negotia- worked in the past for the very issue foodborne illness, directing the FDA to pre- tions had been making significant we are discussing today, which is mine vent foodborne illness rather than just react- progress until we ran into the stum- safety. ing to reports of illnesses and deaths. It re- bling block known as the election In 2006, when I was the chairman of quires food companies to establish proc- cycle. The staffs of seven Senators the HELP committee, we were faced essing controls to avoid food contamination, have been meeting several times a with a string of tragic mine accidents gives the FDA authority to set food safety week for over 2 months, and all in West Virginia. In response to the standards, and requires the Agency to in- through the recess period. Agreements first one, Senator ROCKEFELLER and spect food processing plants regularly to as- Senator Kennedy and I organized a trip sure controls are working as intended. had been formed on over a dozen impor- On behalf of CFA’s millions of members, tant proposals. I think there were 14 to the Sago mine in West Virginia to we thank you for your strong leadership in that they were in agreement on, 7 more meet with the miners, to meet with the developing S. 510 and your determination to we were waiting for approval to see if victims’ families, and to meet with the ensure its passage. We look forward to con- there was agreement or if there were investigators. The three of us, along tinuing to work with you to get a final bill more changes needed. Then there were with Senators ISAKSON, MURRAY, and to the President as soon as possible. five or six that the Senators them- Byrd, then began negotiations. We Sincerely, selves had to work out. Several of were able to come up with an agree- CAROL L. TUCKER- ment in less than 2 months. It was FOREMAN, those important ones were right on the Distinguished Fellow, brink of compromise or agreement called the MINER Act. It was the first Food Policy Insti- when the talks were abruptly called off major revision of the Mine Safety and tute. until after the election. Health Act since 1977. That has to be CHRIS WALDROP, Despite what has been said in the some kind of a record around here, but Director, Food Policy press and on the floor, the simple fact it was important and it was worked in Institute. is that we might well have had an a bipartisan way. That was done The PRESIDING OFFICER. The Sen- agreement right now if all the people through a recess period as well. ator from Wyoming. were to have stayed at the table and Agreements have been formed on Mr. ENZI. Madam President, I thank decided this did not need to be an elec- over a dozen important proposals, as I the Senator from Iowa, Mr. HARKIN, for tion issue. This very process of request- mentioned. Others are very close to an his kind words and also for his great ing unanimous consent on a bill, which agreement. I am hoping that people leadership on the HELP Committee. could happen, would not even be on the will come back to the table, work We have a big area we cover—health, bill we have been working on. It would through the time until elections are education, labor, and pensions—and we be on one that was introduced before over and get this finished. have a lot of bills we are working on. I this process came into being. Everyone The MINER Act made important im- am pleased at the bipartisan way we knows that would not have sufficient provements to the emergency pre- are able to work on them, his staff and support to pass as part of political the- paredness of underground mines—this my staff. Actually, the members of the ater. one for the Sago mine—and has fos- committee are very engaged on the Certainly it is not for me to consult tered tremendous improvements, par- issues we are covering, and they are on the political calculations of my col- ticularly in communications tech- very important issues for America. leagues, but it seems to me that polit- nology adaptability to the underground MINE SAFETY ical theater and failure to work to- environment. We are talking about Madam President, I came to the floor gether to get important things such as being able to talk through several hun- to talk about a little different issue this done is exactly what the American dred feet, in some cases 1000 feet of than what we have been talking about, people are so frustrated about this granite. If you ever try to get a cell but it is another issue for the HELP year. That is what all the passions are phone to work through a mountain or Committee. This one comes under that about. building, you will see what kind of category of labor. It is safety—mine We are serving this Nation best when problem they have. But tremendous safety. we work together to accomplish the improvements have been made because The reason I am on the floor is, I people’s business. The formula is not there is a market for it, mining is in- have seen some articles appearing in that complicated. Anybody can do it. creasing, and the safety is essential. different parts of the United States You just have to bring both sides to- And we made it a part of that Miner that are inaccurate on what is hap- gether for discussions, you have to es- Act. pening on mine safety, and so I wish to tablish agreed-upon goals and work to- One of the reasons I am so proud of take a moment to clear up some of ward agreement on those goals, you the Miner Act is that we wrote it in the that confusion that has been caused by have to consult with stakeholders who way I believe all legislation should be a breakdown in bipartisan negotiations will be affected by the changes being drafted. We brought in all of the stake- on the mine safety legislation in this discussed—that is anybody who is holders. We brought in the union, we last week. going to be affected. Then, once sub- brought in the nonunion people, we The terrible tragedy that occurred in stantial agreement has been reached, brought in the industry, we brought in West Virginia this past April again fo- you have to determine which issues the the safety experts, and we brought in cused us on the strength of our Federal sides will never be able to agree upon the investigators. The Mine Safety and mine safety laws and regulations. My and set those apart for another day’s Health Administration and all of these State leads the Nation in coal produc- debate. That is what I call my 80–20 people sat around a table and worked tion. We do about 40 percent of all the rule. through the biggest safety concerns Nation’s coal, and my county accounts There are some issues in every topic and the best way to approach them. Be- for most of that. We have 92 trains a we talk about here that have already cause of the bipartisan nature of the day that leave our county. That is over been talked about so long that both bill, it sailed through a committee 1 million tons of coal a day. sides are already so polarized that if markup, it was passed by the Senate

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7404 CONGRESSIONAL RECORD — SENATE September 23, 2010 unanimously a week later—that is as ment it was introduced with four the food industry including bipartisan as you can get—and it Democratic Senators, including my- SUPERVALU, a very large food chain passed the House 2 weeks later, and self, and four Republican Senators. Of including Cub Foods, located in Min- there were only 37 House Members out course, the bill has been led by Senator nesota. of 435 opposing it. One more week later DURBIN from the very beginning, and I did an event back in Minnesota it was signed into law. That is how Senator HARKIN has played a key role. with the CEO of SUPERVALU a few laws get done and make a difference. This has been a bipartisan bill. Given weeks ago on this issue. Why do our During my tenure as the chairman of that we have only seen more foodborne businesses care? Of course they care be- the HELP committee we were able to illness outbreaks over the last few cause they want to have safe food for move 27 bills to enactment that way. months, there is no reason we should the consumers. They also care because In total we reported 35 bills out of com- not pass this bill. I rise today to urge this is hurting their bottom line, when mittee and of those 35, 25 passed the my colleagues to support this bill. there are these scares that encompass Senate. We ran out of time on the oth- I have stood here many times in sup- food and people are scared. We were ers or we would have gotten those, too. port of the food safety bill. Part of this standing there and a woman went by That is the kind of cooperation and ac- is because we had a very tragic thing and said, I don’t know if I want to buy complishment Americans are demand- happen in our State. We had three peo- eggs and the CEO said, you know what, ing, especially on an issue as important ple die after the peanut butter that not one egg was recalled from our huge and timely as workplace safety. Every came out of Georgia, that peanut plant food stores all over the country—Cub day, thousands of Americans go to in Georgia. Three of the people who Foods, SUPERVALU—not one egg, but work in the energy production indus- died were from Minnesota. One of them consumers don’t always know that. But when you have a bad actor, when you try. The work they do benefits every was named Shirley Almer. Her family have one company, one factory as you single one of us and underpins our en- expected her home for Christmas in had in Georgia, it can ruin it for every- tire economy. This year, major acci- 2008. She was a strong-spirited 72-year- one—consumers, obviously tragic for dents in the energy producing sector old grandmother from Perham, MN. them, tragic injuries, but it also hurts have taken the lives of 29 men in West She had survived 2 bouts of cancer but the bottom line for these businesses Virginia, 6 in Connecticut, 7 in Wash- she was actually recovering and doing that have not done anything wrong. ington State, 3 in Texas, and 11 off the quite well in recovery with a brief stay Hormel, the maker of Spam, was coast of Louisiana. in a nursing home. standing with us at SUPERVALU that But she didn’t make it home for If there were ever a time to work to- day, talking about how important it Christmas that year. She died on De- gether to actually enact legislation, as was. General Mills, Schwans support cember 21, 2008. It wasn’t the cancer opposed to playing political theater, this bill. We have widespread support that killed her. She had battled that this should be it. in our food industry because they don’t cancer. In fact, it was a little piece of It can be done. There is progress want to see another person get sick peanut butter on her toast that 72- being made. My staff has not walked from tainted food. away from the table and I resent any year-old grandmother ate. She didn’t Finally, we all know this legislation articles that say that. I am impressed know it, but the peanut butter was addresses a very serious issue. Accord- and in agreement with the agreements contaminated with deadly salmonella ing to the Centers for Disease Control, that have been made so far. I keep con- bacteria. Shirley Almer and two other foodborne disease causes about 76 mil- stant track of those. It should not take Minnesotans are among the 9 deaths of- lion illnesses, 325,000 hospitalizations, very long to finish the six or seven that ficially related to peanut products, and 5,000 deaths in the United States are very close to being resolved and which also sickened nearly 700 people each year. Yet, for every foodborne ill- then it should not take very long for nationwide, many of them children. ness case that is reported, it is esti- the Members to sit down and resolve Shirley’s son Jeff has stepped forward mated that as many as 40 more ill- the ones that are left after that. as a strong voice calling for reform of nesses are not reported or confirmed by We can have a mine safety bill. We our food safety system. a lab because people simply don’t know cannot have it this week. I am sure we Whether it is jalapeno peppers or pea- why they got sick. The annual costs of cannot have it next week. The House nut butter or, most recently, eggs, medical care, lost productivity, and has already done a mine safety bill so these outbreaks of foodborne illness premature deaths due to foodborne ill- we have to conference that. It is going and nationwide recalls of contaminated nesses is estimated to be $44 billion. to take a little bit of time, although food highlight the need to better pro- There is a lot at stake here, a lot at for the bill we are working on, I think, tect our Nation’s food supply. stake for human life, and there is a lot and in a bipartisan way, it could be The good news is we know how to at stake for the economy. As you done unanimously on this side. The protect our Nation’s food supply and know, 2 years ago, hundreds of people Senate would then do it unanimously, we have legislation sitting on the across the country suddenly got sick and it is very likely for the House to table, literally sitting on the table, with salmonella. Once it hit Min- follow very closely—follow suit and that could go a long way toward doing nesota, and once people died in Min- finish it up very well. I think that is that. Sadly, that legislation has been nesota, sadly, it took only a few days what the American people expect. stalled in the Senate since last Novem- before the University of Minnesota and Articles about things falling apart ber and now, as far as I understand, our the Minnesota Health Department, our are not nearly as useful as keeping peo- colleague from Oklahoma has some ‘‘food detectives’’ as they are called, or ple together. concerns and at this late hour it is still ‘‘team diarrhea’’—which my staff I yield the floor. stalled. didn’t want me to say on the Senate The PRESIDING OFFICER. The Sen- We know we can not afford any more floor but that is what we call them— ator from Minnesota. delays. As one of the lead sponsors of worked together and they were able to Ms. KLOBUCHAR. I ask unanimous the FDA Food Safety Modernization solve this. How do they do it? Simple consent to speak as in morning busi- Act, I believe the Senate has every rea- detective work. They simply called the ness for up to 10 minutes. son to pass this legislation. It is com- families and homes of people who had The PRESIDING OFFICER. Without prehensive. It covers everything from gotten sick, people who had gotten objection, it is so ordered. ensuring a safe food supply at the front very sick, they talked to their loved f end to ensuring a rapid response if ones: Where did they eat? When did tainted food gets into the supply chain. they eat? What did they eat? FOOD SAFETY As I mentioned, it is bipartisan. You They literally solved it in a matter of Ms. KLOBUCHAR. Madam President, know what else about this legislation, days. One State solved the jalapeno as I listened to my friend from Wyo- which doesn’t always happen with food pepper problem—Minnesota. One state ming, I was thinking, ‘‘Ditto for the safety consumer protection legisla- solved the Georgia peanut problem. food safety bill.’’ This is a bill for tion? This has the support not only of That was Minnesota. That is why there which there is vast bipartisan support. consumer groups, not only of health is something to be learned from the There always has been, from the mo- groups, it has the support of many in model we used in our State.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7405 That is why I included it in the Food I yield the floor. We know it would have meant a huge Safety Modernization Act and why it is The PRESIDING OFFICER (Mr. number of lost jobs, thousands of lost supported by so many people and so UDALL of New Mexico.) The Senator jobs, just in the auto companies, let many grocery stores across the coun- from Ohio is recognized. alone all of the suppliers, what are try as well as consumer groups, the bill f called tier 1 suppliers, tier 2 suppliers, I introduced with Senator CHAMBLISS OUTSOURCING those small companies, small- and me- of Georgia, the Food Safety Rapid Re- dium-sized companies that are sup- sponse Act. Building on successful ef- Mr. BROWN of Ohio. I appreciate the pliers. They are machine shops, tool- forts at detecting and investigating comments of Senator KLOBUCHAR, who and-die makers, stamping plants, all foodborne illnesses, this will strength- has been a leader on moving forward on kinds of companies that make compo- en the ability of the Federal and State this legislation on food safety. It is so nents that go into the auto industry, and local officials to quickly inves- important to our country. I am so that go into the trucks and the cars. tigate and respond to foodborne illness sorry that pretty much one obstruc- They would have gone out of business. outbreaks. tionist, or a whole party of obstruc- We knew all of this was about to hap- I am proud to have Senator tionists, unfortunately, have blocked pen. Because of the Recovery Act, and CHAMBLISS, from the State of Georgia, this bill, and one Senator in particular because this government decided, that had to have this experience. When has kept us from moving on this bipar- President Obama and the Democrats in it was finally discovered where this tisan bill. It is one of the sad chapters the House and Senate—in spite of the came from, it was from one company, of this Senate that a small minority, naysayers, in spite of the people out one bad actor in their State. He was again, can block us from doing the there who said: Let the market work; if willing to come with me on this bill be- things we ought to do in our jobs, what the auto industry collapses, it is the cause we said enough is enough. We we ought to be doing. market speaking. Just let the market I want to talk for a moment about have to put prevention in there, which work. Let the free market work. If we some positive developments in my is in this bill, to stop these things from had listened to them, listened to the State. A couple of weeks ago I went to ever happening. But if it does happen, naysayers, listened to the people who Lordstown, OH. It has a General Mo- you want to solve it as quickly as pos- are the doom-and-gloom crowd, my tors plant. I believe Governor Strick- sible so you don’t get more people get- State would have gone into a depres- ting sick and dying. land was asked to drive the first red Cruze, Chevy Cruze, their highest mile- sion. We would have lost thousands of What this part of the bill does, the auto jobs. Senior citizens relying on part Senator CHAMBLISS and I intro- age new car, off the line, followed by a white Cruze and a blue Cruze. You those pensions and health care would duced, it directs the CDC to enhance have been, in many cases, abandoned. the Nation’s foodborne surveillance know the symbolism of that and the The dealerships, the component manu- systems by improving collection, anal- beauty of that and the inspiration of facturers, and the auto company em- ysis, reporting, and usefulness of data that in many ways was all about what ployees themselves would have been on foodborne illness. has happened in the last 181⁄2 months to This includes better sharing of infor- the auto industry. out of work. As I said, we did not listen to the mation among Federal, State, and I am particularly proud. I do not conservative politicians and say: Let local agencies, as well as with the food come to the floor and endorse one par- the market work. We did not listen to industry and the public. It directs the ticular company ever. I am not doing the naysayers. We did not listen to the Centers for Disease Control to work that. I am proud of this because of doom-and-gloom crowd who said: It is with State-level agencies to improve what it looked like a year and a half not our problem. The Federal Govern- foodborne illness surveillance. ago. Finally, the legislation establishes Now, 18 months ago we remember ment has no business. food safety centers of excellence. The what happened: Barack Obama took Well, the fact is, the Federal Govern- goal is to set up these food safety cen- the oath of office. The banks had about ment invested in the auto industry. In- ters at select public health depart- imploded. We knew the financial sys- stead of losing 700,000 jobs a month, as ments and higher education institu- tem was close to collapse. We knew the we were when President Obama took tions around the country. It takes the auto industry was facing bankruptcy. office 18, 19 months ago, we are now Minnesota example across the country, President Obama took office in the gaining jobs. We have gained jobs in first with five centers—not to directly midst of losing 700,000 jobs a months. this country in the private sector for 7 tell each State exactly what to do but President Bush was leaving office, hav- or 8 straight months. Not enough, not to be an example of best practices for a ing left us—the largest in history at even close to what we want to do in region of the country. that time—the largest budget deficit in New Mexico or Ohio or any other Not many bills that come before Con- the history of the United States of State, but clearly we have seen some gress enjoy such a wide range of sup- America. That is what we started with good things happen. port from some important stake- 181⁄2 months ago. What has happened in the auto indus- holders. Not only do consumers recog- When you think about what it meant try is particularly interesting. At this nize the critical need for this major in the auto industry—I know my State GM plant in Lordstown, right where I bill, but the legislation has received is considered an auto State. New Mex- was—and I have been there many support from major brand-name food ico may not be, but New Mexico has times, where I was a couple of weeks companies. They know what is at some number of component manufac- ago with Governor Strickland—we stake. Their reputation and their bot- turers and a lot of car dealerships. have seen—there are 4,500 people work- tom line depends on the trust of their The car dealerships in Taos or Albu- ing in that plant now. They just added customers, the trust that everything querque or Truth or Consequences or 1,100 jobs to do the third shift of the possible is being done to make sure anywhere necessarily in the State are Chevrolet Cruze. But what is particu- their food is safe. often so involved in the community: larly great about that, if you are the As a former prosecutor like yourself, helping Little League, helping scholar- Senator from Ohio, is in Defiance, OH, Mr. President, I have always believed ships, all of the kinds of things the western Ohio, near the Indiana border, the first responsibility of government good citizens, especially auto dealers, is where they make the engines for the is to protect its citizens. In this most do. But I think about what this meant. Chevy Cruze. basic duty, our government failed Shir- So 18 months ago when this auto in- If you travel northeast of there to a ley Almer and many others who have dustry was about to crash, literally— Toledo suburb called Northwood, that been harmed by recent recalls. We owe pardon the pun—what it would have is where they make the bumpers for it to them and all Americans to fix meant in my State, it would have the Chevy Cruze. If you go into the city what is broken in our food safety sys- meant tens of thousands of retirees of Toledo, that is where they make the tem. would have possibly lost significant transmission for the Chevy Cruze. Then We can do a lot better with our food amounts of pension and health care you go east to Parma, OH, that is safety system. That is why we need to they had as 25-, 30-, 40-year employees where they stamped most of the com- pass this legislation now. of General Motors or Chrysler. ponents for the Chevy Cruze.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7406 CONGRESSIONAL RECORD — SENATE September 23, 2010 Then you drive east to the Youngs- year and those who sit across the aisle of not being able to find American- town area, Mahoney Valley to from me, again, is, let’s do more tax made products. This is made in China. Lordstown. They do some of the stamp- cuts because that increases jobs. This is made in India. This is made in ing, and that is where they do the as- It does not. What increases jobs is in- Brazil. This is made in Honduras. This sembly. So hundreds and hundreds and vestment in education, investment in is made in Bangladesh. Nothing against hundreds of new jobs were created— health care, investment in infrastruc- those countries, but oftentimes, espe- well, thousands—up and down the sup- ture, reducing the deficits—all the cially the Chinese, their government is ply chain, from the most basic bolt, the things that Republicans pay lipservice gaming the system. They are not play- most basic component in an engine or to but in the end simply do not deliver ing fair on trade. We need a whole dif- the most basic component in a car door on. ferent trade regimen. We need a whole or anywhere else in that car, to the ul- We have an opportunity next Mon- different tax system so American com- timate assembly in Lordstown. It day. This coming Monday, we are going panies are no longer going to China to means thousands of jobs. to bring a bill to the floor that is the find cheap labor, weak environmental Again, if we had listened to the other part of this: How do we create rules, unenforced worker safety rules, doom-and-gloom crowd and the jobs? That is, we are going to begin to and can produce and then send it back naysayers, it never would have hap- finally move to fix some of our tax to America. pened. We also need to learn from his- laws, and then next will be some of our I think this is the first time since co- tory. When government is in partner- trade laws so that we quit losing so lonial days where the business commu- ship with the private sector, with pri- many jobs to China. nity, where a lot of large manufac- vate businesses and communities, some Mr. President, 30 percent of our GDP turing companies—and I make the dis- pretty good things can happen. Just in 1980 was manufacturing, almost 30 tinction between large and small be- take this for a moment. percent. Now it is down to 11 percent of cause small manufacturing companies For 8 years, January 1993 to January our gross domestic product. A big part do not do this but the large manufac- 2001, President Clinton, during his time of that is trade policy, which the Pre- turing companies. Ten years ago they as President, we saw a 22 million pri- siding Officer opposed when he was in came to lobby Congress to pass the per- vate net increase, 22 million job in- the House of Representatives, PNTR manent normal trade relations with crease. with China and the Central American China. Ten years ago this month the We also saw wages go up in this coun- Free Trade Agreement, and before Senate, for all intents and purposes, try, and President Clinton left us with that, when I was in the House, my first sold out American manufacturing. the largest budget surplus in American year, the North American Free Trade They passed PNTR, it was called. It history: 22 million jobs, an increase in Agreement, which we opposed. used to be called most favored nation Those trade agreements, coupled wages, largest budget surplus in Amer- status with China. They changed the with tax law, has encouraged compa- ican history. name because it did not sound very nies to move overseas. Those days have In the next 8 years, January 20, 2001, good. to be behind us. What we are going to to January 20 at noon, 2009, those 8 Congress passed that 10 years ago. do on Monday night is vote on legisla- years of President Bush, 1 million jobs What that has meant is our trade def- tion that will begin to turn the corner, increased, 1 million, not even enough icit with China has almost tripled in will begin to take away those tax in- to take care of our sons and daughter that period of time. What the business centives for companies to go overseas who have graduated from high school community has done, the large compa- and replace them with tax incentives and are entering the workforce, coming nies have done, is this: They lobbied to for businesses that manufacture in out of the Army, coming out of high change the rules. Then they moved pro- Shelby, OH, and in Ravenna, OH, and duction from St. Clairsville, OH, and school, coming out of college, not even Zanesville, Ohio, and all over this Portsmouth, OH, and Springfield, OH, enough to absorb the population country. growth. At the same time, President Obama, to Shanghai and Wuhan and Beijing, Wages were actually flat or went the first President in years in either and Huang Jo, China, to make those down for the great majority of Ameri- party, is beginning to enforce trade products. Then they sold them back to cans during those 8 years, and Presi- law. We know what that meant in the United States. dent Bush left us with record budget Findlay, OH, when he enforced trade I don’t think since colonial times deficits. So 22 million jobs, 1 million laws with the International Trade that large companies in one country jobs, incomes went up, incomes flat Commission and the Department of have adopted that kind of business plan and went down, biggest budget surplus Commerce, on Chinese tires that had where you move production out of your in American history, record budget def- been dumped, sold illegally into this country, make it somewhere else, add icit under the Bush years. country. all that value to those products, and So if you go back further, you hear When President Obama enforced then sell them back into the home the Republicans, my colleagues on the those trade rules against the breaking country where the corporation head- other side of the aisle, talk about this of the law that the Chinese Govern- quarters is located. It doesn’t make philosophy: Cut taxes on the rich, and ment did, immediately we saw several sense for us. It means far too many lost you cut taxes on corporations, you are hundred jobs created—100 of them in jobs. going to have job growth. Well, nice Findlay, OH—several hundred jobs cre- I will give an example. There is an in- try. It is not what happened. ated all over the country. dustry in which many Ohio companies After the Ronald Reagan tax cuts for When the President did the same are involved, the paper industry. There the rich in 1981, the next 16 months we thing on something called oil country is a specific kind of paper called a had declining employment in this tubular steel—it is the steel, the seam- glossy paper used in magazines. China country, 16 months in a row of lost jobs less steel pipes, these tubes that are didn’t have that industry. It is called after this tax cut, which was going to used for oil and gas drilling—we imme- coated paper. Twelve years ago China make the economy take off. Fast-for- diately saw a commitment, an invest- did not have a coated paper industry. ward 1993, President Clinton. He had ment, which will result in 400 jobs in They began it similar to the last dec- some tax increases on the wealthiest Mahoning Valley in northeast Ohio, ade when they built wind and solar, taxpayers. He also had some budget and a good many jobs in Lorain, OH, a clean energy industries, and somehow cuts, and he moved toward a balanced city I lived in for a decade west of started to lead the world, as we have budget. Cleveland on Lake Erie. unilaterally disarmed. Now they buy Employment took off—22 million We were able to do that because, fi- most of their pulp in Brazil. So they jobs. President Bush, 2001, big tax cuts nally, it is the Democrats, working grow the trees, cut down the trees in for the rich in 2001, big tax cuts for the with President Obama, who are enforc- Brazil. They ship the wood to Chinese rich in 2003, basically no real signifi- ing trade law and beginning to change paper mills. They manufacture the cant increase in jobs during those 8 tax policy so we see job creation. coated paper in China. They ship it years. Now, the mantra of the Repub- I do not care where you live in this back to the United States. They licans, those who are on the ballot this country. People are just sick and tired underprice American paper companies

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7407 which buy the wood sometimes within thing serious and life threatening, but Several health insurance companies a few miles or a few hundred miles of the system does not allow you to be have announced they are going to stop where they are, which tells me, even covered for one reason or another. offering child-only health insurance though wages are less in China, even Finally, at long last, in 2010, we said plans because they are no longer al- though they don’t have much enforce- no to that denial. So now we are able lowed to discriminate against children ment of environmental rules or worker to say that fear that a child would feel, with preexisting conditions, such as, safety rules, they are gaming the sys- especially his or her family, can now for example, asthma, just to name one. tem with currency, with subsidies, free have peace of mind to know that if a Why would insurance companies do land, all the kinds of things the Chi- child in the United States has a pre- that? Right before this provision goes nese Communist Government does. existing condition, that will not be a into effect, at the eleventh hour so to Until we enforce trade laws so we bar to coverage, therefore, to treat- speak, they start dropping this kind of play fair and compete, we will continue ment. Of course, it also impacts adults. coverage. It puts hundreds of thou- to lose manufacturing jobs. That is We have seen stories about adults who sands of children at risk. The Obama why Monday night is an important will benefit from the bill on the pre- administration estimates that 100,000 first step as this Senate moves forward existing condition problem that so to 700,000 children could be affected by on dealing with the problem of out- many people find themselves in. The these changes. sourcing jobs. There are few things we implementation of the children’s provi- I believe it will be outrageous if one can do in this body more important sions goes into effect now. The adults child is affected by this—literally one than beginning to rebuild manufac- will come later. But even in the short child—when we have provisions going turing. We know how to make things. run, the bill allowed for and developed into effect that are going to at long My State is the third largest manufac- a high risk pool, even for adults with last protect kids; that a couple insur- turing State in the country, behind preexisting conditions. Of course, the ance companies that make a tremen- only California and Texas, which are full protection won’t be in effect for a dous profit—which I will get to in a two and three times the size of Ohio in couple of years. But at least and at moment—take this step to change population. We know how to make big long last children will have that pro- their strategy as it relates to kids. and little things. We have the largest tection. Many of the children who will be af- ketchup manufacturing plant in the The other protections among what I fected by this adverse decision by these world in Freemont. We have the largest call family safeguards are some basic few insurance companies are in fami- insulation company making fiberglass protections that we should all have a lies who are struggling just to get by anywhere in the United States in New- right to expect but, unfortunately, a now and cannot afford to pay for insur- ark. We know how to make things in lot of families haven’t had these pro- ance for their whole family, but they our State. We just need the oppor- tections. For example, preventing in- are trying to keep their kids insured. tunity, a level playing field, tax law surance companies from arbitrarily A lot of parents do that all the time. and trade law that puts the United throwing people off their insurance They forego their own coverage and States of America on a level playing coverage or denying them coverage for their own health care and sometimes, field. We know we can compete with reasons that do not make a lot of literally, their own health in order to anybody. We just need the opportunity. sense, but I guess they made sense to protect their children, in order to pro- I yield the floor and suggest the ab- big profitable insurance companies vide a child with some treatment, some sence of a quorum. over many years. They won’t be able to care, some protection. Yet we have The PRESIDING OFFICER. The do that any longer. They will not be these few insurance companies that are clerk will call the roll. able to put lifetime limits on one’s cov- taking this action, which is outrageous The assistant legislative clerk pro- erage or treatment. The limits annual and disturbing, and that is an under- ceeded to call the roll. in nature will be more limited. It will statement. Mr. CASEY. I ask unanimous consent be more difficult for insurance compa- Several of the companies that have that the order for the quorum call be nies to place annual limits. decided to take this action—this action rescinded. One of the provisions that has re- that is harmful to America’s children— The PRESIDING OFFICER. Without ceived a lot of attention and speaks some of these companies have oper- objection, it is so ordered. right to a need a lot of families have is ations in States such as Pennsylvania. f when a young person, say someone who Aetna is one of them. The companies is finishing college and needs some cov- that have decided to stop offering HEALTH CARE erage between the time they are in col- health insurance to children are few. I Mr. CASEY. Mr. President, I rise to lege and the time they reach the age of mentioned Aetna. Another is Cigna and talk about two basic topics today. But 26, they will now be covered. So if we another is Anthem Blue Cross. As we first, for today, in light of the news go down the list, it is a long and sub- know, Anthem Blue Cross is owned by that so many people have been dis- stantial and significant set of con- WellPoint. cussing today and reporting on today, sumer protections which does provide Listen to this: In 2009, these three which is the implementation today of some degree of safeguard and some de- health insurance companies that are some parts of our health care bill, the gree of peace of mind to our families. discontinuing their child-only plans Affordable Care Act, which we passed Unfortunately, in the midst of all had $7.3 billion in profits. That is not back in March after many months of that, in that ocean of good news on gross revenue, folks. That is profit, $7.3 debate and work on that legislation, these consumer protections, we have billion. WellPoint, which owns Anthem one of the most popular but essential some bad news which is disturbing. Blue Cross, $4.7 billion in profits; elements to that bill was a whole series When we were debating health insur- Aetna, $1.2 billion in profits; and, fi- of consumer protections which in some ance in Washington and around the nally, Cigna, $1.3 billion in profits. ways does not fully describe what they country, we would have a lot of fights They are firms that are doing this, tak- are. I would rather use the phrase with insurance companies. Some of ing this action just before today’s pro- ‘‘family safeguards,’’ to give families them came around and worked to pass visions to protect kids on preexisting some peace of mind not just on the the bill. Some did not. conditions take effect. broader question of insurance coverage But there was an attempt to work to- So it is my hope—and I believe they for those who get sick and need cov- gether constructively to develop good will do this—the Department of Health erage. We all need health insurance at legislation. and Human Services will take every some point in our life, sometimes more Well, unfortunately, a few—not all step necessary to have this decision by than others, but especially if you are a but a few—took a step the other day these companies reversed. I hope there child with a preexisting condition. which was outrageous, insulting, egre- is some way to sanction or punish in- For so many years we have allowed a gious, and harmful to what we are try- surance companies that do that. I am system to say to that child and to his ing to do to make sure children and not sure that is possible. There are a or her family: We know you have a pre- families have that peace of mind I lot of debates about what can be done. existing condition. It might be some- spoke of earlier. But I would hope—short of action by a

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7408 CONGRESSIONAL RECORD — SENATE September 23, 2010 Federal agency or short of action by a many months now. Fortunately, it has translates into just about 900 people, State government authority or agen- dipped a little below 590,000. But when just hovering around 1,000 people. So cy—these insurance companies would you are getting close to 600,000 people even in a very small county, the loss of rethink their policy, rethink the action out of work in a State such as Pennsyl- one business, one factory, one plant they took, which will be harmful to vania, people are really hurting. Our can mean devastation for that county children because if they do not, it calls rate does not tell the story. We have and that community. That is whether into question their commitment to been below 10 percent for a while, but you are in urban Pennsylvania or rural what we have been trying to do in this almost 600,000 people out of work is a Pennsylvania, even in suburban areas, country for a long time. We finally got horrific nightmare for those families in which got accustomed to 5 percent un- over the hump, so to speak, and passed a lot of communities. employment or maybe 4 percent unem- legislation not only to cover more than I spent, as a lot of Members in the ployment and are now at 7 percent or 30 million Americans but at long last Senate, several weeks in August and 7.5 percent or 8 percent. Of course, to provide coverage and support for September traveling to many commu- Pennsylvania’s rate is not nearly as children. nities in Pennsylvania. I got to a little high as some across the country. Of course, one thing we found out in more than 30 counties, and it was re- So people might say: Well, what has the health care debate last year was, markable but also disturbing to see the the Congress been doing about this this is not just a debate about the un- breadth and the scope of the unemploy- over the last 18 months, and especially insured—the more than 30 million who ment problem in a State such as Penn- over the last couple months? Well, we will be covered—this is as much a de- sylvania. could point to the Recovery Act, which bate about the insured, the more than Some parts of the State are doing I realize has not been popular around 80 percent of Americans who had insur- better than others in keeping us below the country. But the Recovery Act cre- ance coverage but not the protections 10 percent unemployment, but there ated 3 million jobs. It was one way to they should have a right to expect. are so many communities where there directly and positively impact the job That is why we needed these consumer is a very high rural population—a lot situation. When we lose 8 million and protections on preexisting conditions, of small towns—having very high un- create about 3 million in the Recovery on protecting families from being employment rates. Act, that is a good start but not nearly thrown off arbitrarily—the annual lim- Just to give a couple examples of enough. its, the lifetime limits—all of those places I visited that are smaller com- One of the best things we did was just features that we had to get enacted munities or smaller counties and to a couple days ago—and we should be into law because that was the way to some degree or another largely rural— able to have it signed into law in a few protect people with insurance coverage sometimes 100 percent rural or at least days—was the Small Business Jobs and who thought they had more protection half by the way they categorize them Credit Act, which, by the way, had no than they really did. So I hope this is just an egregious ex- demographically—Cambria County, deficit impact. In fact, it will save a ample and a decision that was imple- where Johnstown, PA, is, always has little bit of money over the next 10 mented by these health insurance com- had a high unemployment rate. They years. But there is no adverse impact panies that will be, in fact, reversed be- are at 10 percent, persistently at that on the deficit. cause, as I said before, if it is not re- level. In that county that means 7,000 Mr. President, there will be $12 bil- versed, it does call into question what people were out of work, and that is as lion directly to small business, a $30 these insurance companies that are of the July numbers. I have not seen billion loan fund for our smaller banks, taking this step are all about. the latest, but it is in that category; our community banks. Most banks in Are they for record profits or are Clarion County, a place I visited as the country are at that level. They are they going to try to help our families well, almost 10.5 percent, with 2,200 not the big banks on Wall Street. They in a reasonable way? people out of work in that community; provide direct help to small businesses We are not asking them to do some- Forest County, a very small county by in communities across States such as thing that is unreasonable or incon- way of population, right in the north Pennsylvania and throughout the sistent with their business model or in- central region of our State, 10.6 percent country. consistent with having a profit. We are unemployment; Jefferson County, a That bill alone, according to the just saying: Why don’t you do what all larger but still not a big urban or met- community bankers, will create 500,000 the others are trying to do? Why don’t ropolitan community, that county has jobs. That got voted on last week. you do what the American people ex- almost 2,500 people out of work, over 10 Sometimes when things like that get pect you to do, which is to take every percent unemployment; Lawrence voted on, we move on to something else step necessary to protect our kids, es- County, Lehigh County, Luzerne Coun- and people do not always notice it. I pecially children who are vulnerable ty—all above 10 percent unemploy- think it is very important for people to and do not have lobbyists standing up ment. Luzerne County is right next to know we do not believe—I do not be- to fight their battles and do not have a Lackawanna County, where I live. It is lieve, and I think a lot of people in this lot of campaign money in the middle of approaching 11 percent. Chamber do not believe—we are out of an election year? Vulnerable children— But then here are the ones that prob- the ditch yet. We are still pushing and unless someone in one of the two ably tell the story best. pushing to get this economy back to a Houses of Congress stands up to fight Philadelphia is now at about 12 per- position where we are getting the kind for them, or somebody in the adminis- cent unemployment. The rate is very of robust growth we need. We are in tration—do not have much power high. When we are hovering around 12 positive territory. We are not losing around here. So I would hope these in- percent in that city, we have almost 700,000 jobs a month or 600,000 jobs a surance companies would rethink that 75,000 people out of work—in just one month like we were in December of 2008 decision, and we are waiting and city in Pennsylvania, 75,000 individuals and January of 2009 and February and watching to see what they will do. out of work. March and April—month after month, UNEMPLOYMENT Then we go to north central Pennsyl- every single month for many months Mr. President, let me just shift gears vania and visit Potter County, a coun- losing that many jobs. quickly. I know we have limited time, ty which is categorized as almost 100 So we are moving in the right direc- but I did want to talk a little bit about percent rural, with a very small popu- tion. But we have a ways to go. I would the job situation that confronts so lation, under 20,000 people. They have hope that not only next week but when many families, so many communities almost the same unemployment rate we come back in November the other in our country, as well as some steps that Philadelphia has—a little less, but side of the aisle would present some job that have been taken recently to help it is about 11.5 percent. As of July, it creation strategies. I have not heard deal with the unemployment rate and was at about 11.2 percent. So it has much. I think 39 out of 41 members of the economic circumstances we find hovered between 11 and 12 percent. the Republican caucus voted against ourselves in. So in Philadelphia, having an 11- or the Small Business Jobs and Credit In Pennsylvania, we have hovered 12-percent unemployment rate means Act: $12 billion of tax breaks for small around 590,000 people out of work for 75,000 people; in Potter County that business, a $30 billion loan fund which

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7409 can leverage hundreds of billions in which it is made up. The evidence of how frustrating it is to go into your economic activity and job creation ac- that continues to emerge. home, your basement, to see what used tivity across the country. Frankly, Mother Nature does not to be a nice area, what used to be So we have more to do, and we have care about what happens in the Senate. clean, what used to be dry, where your a ways to go. We have to keep focused She is not subject to our law. She is children kept their photo albums, you and stay focused on strategies that will not subject to our opinion. She will might have kept old papers, things create jobs in the near term and cer- continue to do her thing. It is up to us that were important to you, tele- tainly over time, but especially those to be prudent and thoughtful care- visions, sofas, and now just a sea of strategies that will create 50,000 jobs or takers of our planet and sensible men filthy mud that you are going to have 75,000 jobs or 100,000 jobs. As we go, we and women and take the appropriate to figure out how to clear out and can continue to create jobs and grow steps so we can head off the disasters clean up, cutting out all the wallboard, the economy. When we do that—as we she is loudly signaling are coming our cutting out everything that is wet, learned in the 1990s—we can grow the way. having to rebuild. The frustration of economy and make good investments I thought I would share just some of having to do that—people lead busy in health care and in our infrastructure the continuing cascade of evidence and lives, they do not need that—and then, and in education and in our workers news that is coming out on this sub- boom, to have it happen a second time and their skills. We can also do deficit ject. as soon as it was done is unbelievably reduction and debt reduction over The first thing I will mention is a re- frustrating and disheartening. time. But we cannot do those three port from Science Daily that came out Those are the kinds of extreme and things until we are growing in a way about a week ago. According to NOAA, unpredicted weather events that are that is substantial enough to do at the National Oceanic and Atmospheric associated with a warming planet and least those three: grow enough to cre- Administration, the U.S. Government the heating of the atmosphere. ate jobs, reduce the deficit, and even to agency’s recent state of the climate re- It also changes the way different ani- reduce debt. port, the lower 48 States, as a whole, mals can live and migrate. One of them So we have a way to go, but I think experienced the fourth warmest sum- is the bark beetle. Earlier this month, we are headed in the right direction. I mer on record, with average August the U.S. Forest Service predicted that am looking forward to seeing the temperatures 2.2 degrees above the last outbreaks of spruce and mountain bee- Small Business Jobs and Credit Act en- century average. tles in Western States will increase in acted into law, working to help our The American Southwest experienced the coming decades because of climate small businesses and our smaller com- its warmest summer ever. The Midwest change. These beetles historically had munities, especially those I have high- experienced its third warmest summer. their range kept in check by cold win- lighted across Pennsylvania and across The Northeast, where I come from, ters, which basically kill off the larvae, the country that have had tremendous where my home State of Rhode Island and that limits the reproduction of the and horrific job loss over the last 2 is, experienced its fourth warmest sum- beetles and it limits their geographic years to 18 months. mer ever recorded. Indeed, Rhode Is- range. As the winters become warmer, With that, I yield the floor and note land experienced its hottest ever July then the beetles have survived—be- the absence of a quorum. on record. cause the winters aren’t as cold—so The PRESIDING OFFICER. The The increase of temperature in our they continue to go out and do their clerk will call the roll. weather systems has the effect of add- thing. Their thing to do is to kill pine The assistant legislative clerk pro- ing energy into those weather systems trees. The beetles have already affected ceeded to call the roll. which suggests that storms are made more than 17.5, I believe, million acres Mr. WHITEHOUSE. Mr. President, I more frequent and more powerful. Sure of Western forests. ask unanimous consent that the order enough, the facts confirm that as well. I have traveled out West. I was in for the quorum call be rescinded. In 2007, Environment America ana- Idaho a few summers ago, and you The PRESIDING OFFICER (Mr. lyzed rainfall data and determined in a could fly over the mountains of Idaho BURRIS). Without objection, it is so or- report that came out more recently and see entire forested mountains, as dered. that extreme precipitation events had far as the eye could see from the plane, f increased across the United States by and it was dead and brown and it was 24 percent between 1948 and 2006. The because the beetle had gone in there GLOBAL WARMING region in which the extreme precipita- and killed them. Mr. WHITEHOUSE. Mr. President, I tion events—these major storms with These changes are going to continue. come because we are coming to the end extreme levels of rain or snow—faced I can’t estimate what cost it was to the of our workweek. Many of our col- the greatest increase was in New Eng- industry or to Idaho’s economy to have leagues are gone already, and others land, with a 61-percent increase from that massive die-off of pine trees, but, are preparing to go. Another week has 1948 to 2006. Within New England, the clearly, it is no good thing. gone by in which the Senate has taken State that faced the greatest increase The ocean continues to send us warn- no action whatsoever with respect to was my home State of Rhode Island, ings as well. According to the Univer- the continuing pollution of our atmos- with an 88-percent increase in extreme sity of Colorado’s National Snow and phere by carbon, which we subsidize by precipitation events. Ice Data Center—this again earlier this allowing our biggest polluters to do it One of those extreme precipitation month—for only the third time in sat- without cost or consequence. The ef- events was the March flooding in my ellite history, ice has covered less than fects of that on our world continue to home State, in which our rivers—the 5 million square kilometers of the Arc- manifest themselves. This is one of Pawtuxet, Blackstone, and Pawca- tic Ocean. As a result of the trend that those issues where we can come to an tuck—some of them went above 100- these researchers see, they warn that impasse in the Senate and the foes of year floodplain levels. Some of them global warming could leave the Arctic doing anything about moving to clean reached areas beyond 500-year flood sea ice free by 2030—20 years from now. energy jobs and requiring carbon pol- levels. Many of us will be around then to see luters to actually pay a price for their Clearly, something is changing. Ac- that. pollution can stop all that. It may tually, there were two floods that hap- An ice-free Arctic Ocean has very sig- seem like a victory, but the problem is pened back to back, just weeks apart. I nificant repercussions for our world be- there is a real cost to continuing to visited homes in West Warwick, where cause it is the ice that reflects a great pollute our atmosphere with carbon. It the mud and the flooding had brought deal of the heat back out of the atmos- does trap heat. It does warm the plan- into people’s homes and basements phere in what is called the albedo ef- et. thick muck they had to dig out and fect—the reflection of it. If that is not Those are scientific verities that are clean up. As soon as they had dug it there, instead there is a dark ocean ab- unavoidable and the consequences con- out and cleaned it up, boom, it hap- sorbing the heat. It accelerates the tinue to cascade through our world, pened again. It was absolutely heart- warming and begins the feedback loop through the environmental systems of breaking for them. One can imagine that makes the problem worse.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7410 CONGRESSIONAL RECORD — SENATE September 23, 2010 So it is significant that the Arctic I say this because I know we are not Mr. DORGAN. Mr. President, I ask sea ice is continuing to shrink and for going to get anywhere with energy be- unanimous consent that the order for only the third time in satellite history fore the election. Maybe nobody cares. the quorum call be rescinded. now has covered less than 5 million But again, we can be as ignorant as we The PRESIDING OFFICER (Mr. square kilometers. please. We can be as pleased with our- WHITEHOUSE). Without objection, it is If you go from the far north to the selves that we have delivered for inter- so ordered. tropic seas, there are signs of distress est groups and special interests as we f there as well. On September 20, the please. We can suggest to Americans EXPIRING TAX CUTS New York Times reported that in 1998, that climate change isn’t real or isn’t 16 percent of the world’s shallow water happening. We can participate in the Mr. DORGAN. Mr. President, I will reefs died as a result of record warm propaganda battle the big polluters are be mercifully brief. I wished to come to temperatures. It is estimated that the sponsoring to try to raise doubt about the floor to briefly speak about a cou- die-off could be even worse this year. In the established science. We can do all ple issues. May, more than 60 percent of corals off those things and we can claim victory First and foremost, the raging debate the coast of Indonesia’s Aceh Province and block legislation and we can serve that is occurring in the country about bleached and died after Andaman Sea our special interest supporters. We can the expiring tax cuts—the so-called temperatures reached 93 degrees Fahr- do all those things to prevent any seri- Bush tax cuts that were enacted in the enheit. ous legislation from coming through year 2001 that cut taxes across the It may not seem significant that cor- this body for years and years and years board. They cut taxes more generously for the wealthiest Americans, but als are dying. It may seem indeed in- and, you know what, the Earth will not nonetheless they cut taxes for all significant to many of my colleagues. care. But these coral areas are the nurseries You cannot legislate our environ- Americans as well, and they were de- for tropical seas. Many species depend ment. King Canute could stand in the signed, in 2001, to expire this year. I did not vote for them in 2001. I on them to basically grow and feed in oceans and order that the tide not voted in 2001 against those tax cuts and their early stages, and if they die, it come in, and he could have all his cour- not because I wouldn’t want to provide creates a cascading effect through the tiers and all his supporters around him. tax cuts to the American people, but food chain that has potentially signifi- He could have all the people who keep the proposition, I thought, was flawed. cant effects for our kinds of species— him in office and provide campaign set aside the local economy wanting to The President inherited the last year contributions and it wouldn’t make a of President Clinton’s fiscal policy, be able to support snorkelers and peo- darned bit of difference. The tide comes ple such as that who go to see these which produced the only budget sur- roaring in. plus we had had in 30 years. From that rare and special beauties. Our job in this body is not just to budget surplus that year, the projec- Finally, the Scientific American re- represent special interests, not just to tion by economists was that we were ported earlier this summer that the av- achieve temporary political victories, going to have budget surpluses for the erage phytoplankton population in our not just to block progress of bills that oceans has dropped about 1 percent a next decade. As a result of that, Mr. interests that support us disagree with. Greenspan, the Chairman of the Fed- year between 1889 and 2008, resulting in We have another job as well; that is, to a 40-percent drop overall in phyto- eral Reserve Board, had an apoplectic look out for the welfare of our country seizure. He said he couldn’t sleep be- plankton. and of the American people and to pre- What is a phytoplankton? It is one of cause he was worried we were going to pare when the Earth plainly warns us pay down the debt too fast. the tiny plant—almost microscopic— of coming dangers. It is in the service species that grows in the ocean and The Bush administration said: If we of that job that I intend to continue are going to have these surpluses, we floats free in the ocean. Is that impor- coming to the floor to remind my col- must return surpluses to the American tant? It is important because leagues that no matter what their people. We have to do that through zooplankton and phytoplankton—ani- opinions are, no matter what their pol- these tax cuts. mal and vegetable plankton—represent itics are, no matter what the interest I stood on the floor, at my desk, and the base of the oceanic food chain. groups that support them are, the facts I said: Why don’t we be conservative? They are what the little fish feed on, continue to announce themselves, and Let’s decide to wait and see what hap- and the little fish are what the big fish the announcement they are making to pens. If we do, in fact, have surpluses, feed on, and up you go. us is a warning. If we are not smart let us provide some tax cuts. But all we We have never had a situation in enough—with our God-given intel- have are 10 years of projections. We which the bottom of the food chain ligence and foresight—to read the don’t have the real surpluses; we just began to collapse. But we have been warnings nature is giving us and re- have projections. seeing it over the past century, and we spond appropriately before it is too The response was: No, we are not anticipate seeing a lot more because late, then it will be on us that we failed going to do that. We are not going to the carbon our polluters release into to do so. wait. We are going to have big tax cuts, the atmosphere with impunity—sub- People will look back from 20 years with the biggest tax cuts going to the sidized by all the rest of us—ends up hence, from 30 years hence, from 40 wealthiest Americans. being absorbed by the ocean—80 per- years hence—the young pages who are So they were enacted. I did not vote cent gets absorbed, if I am not mis- here in the well, when they are my age, for them, but they were enacted none- taken—and that changes the pH level will look back at this generation that theless. of the ocean, how acidic it is. sat in this Senate, in this year, on this Almost immediately, we were in a re- The ocean, right now, is more acidic occasion, at this time—and they will cession. Almost immediately after than it has been in 8,000 centuries, and say: How could you have been so neg- that, our country was attacked, on 9/11, 8,000 centuries is a long time. We are ligent? How could you have allowed the by terrorists. Then we were in a war in engaged in a chemical experiment with politics of the moment to put you on Afghanistan. Then we were at war in our oceans that has potentially vast this march of folly that failed to pro- Iraq and a war against terrorism gen- consequences for them by just inject- tect us when you knew—when you erally. We began sending soldiers over- ing all this carbon and waiting to see knew? seas in harm’s way, and thousands were what happens. Now we are out, far So I intend to continue because this killed and tens of thousands were in- enough outside the range of where, in is an issue that will not go away. Na- jured in war. Still the question has al- human experience, there has been a pH ture’s warnings to us are persistent, ways been and remains now, even while that we are 8,000 centuries away from and I intend to be persistent as well. we are watching our soldiers walk into it being at this level. All that—the I yield the floor, and I suggest the ab- harm’s way, when do I get my tax cut? acidification of the ocean—makes it sence of a quorum. Will I continue to get my tax cut next more difficult for these plankton to The PRESIDING OFFICER. The year? survive. So the crash we are seeing is clerk will call the roll. Let me read something Franklin consistent with the damage that car- The assistant editor of the Daily Di- Delano Roosevelt said at a time of war. bon pollution does to our oceans. gest proceeded to call the roll. He said:

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7411 Not all of us can have the privilege of that will begin to address what ails because so much has been blocked in fighting our enemies in distant parts of the this country. I think what Franklin the Senate. world. Not all of us can have the privilege of Delano Roosevelt said is dead-on accu- I noticed yesterday that another bil- working in a munitions factory or a ship- rate: Not all of us can have the privi- lionaire died in America. Boy, let me yard, or on the farms or in the oil fields or the mines, producing the weapons or raw ma- lege of fighting our enemy in distant make sure I say that when someone terials that are needed by our Armed Forces. parts of the world, but for most of us, makes $1 billion in this country, in But there is one front and one battle where the front is right here at home in our most cases I say: You know what, you everyone in the United States—every man, daily lives and daily tasks, and here at are extraordinary. That is a pretty ex- woman and child—is in action. . . .That home everyone would have the privi- traordinary thing. Many of them have front is right here at home, in our daily lives lege of whatever self-denial is nec- great talents, and good for them. But and in our daily tasks. Here at home every- essary, not only to supply our fighting when billionaires die today, they pay one will have the privilege of making what- men but to keep the economic struc- zero estate tax. Think about that. Five ever self-denial is necessary, not only to sup- ture of our country fortified and se- ply our fighting men [and women], but to billionaires died this year, and this is keep the economic structure of our country cure. the year the estate tax went to zero. fortified and secure. . . . Is anyone going to think about the Some said it is the ‘‘Throw Mama economic fortunes of America or is it ‘‘Everyone will have the privilege of From the Train’’ year. This is the year just about ourselves individually? Isn’t making whatever self-denial is nec- in which there is no estate tax on the there a higher calling and higher pur- essary.’’ We all know self-denial when assets of billionaires who have never pose here in terms of making judg- we see it. We go to the events when the borne a tax. Some of the wealthiest ments about these things? soldiers and National Guard organiza- people in this country who have bil- I think it would be wonderful if no lions of dollars of assets have it tions mobilize to leave our country, one had to pay any taxes. That would leave their families, leave their jobs, through growth appreciation of stock, be wonderful. But that is not the case. and they have never borne a tax on and go to Afghanistan to fight, go to Who is going to pay the costs of some Iraq to fight. In the morning, they that to help pay for a kid to go to of the things that make this a great school or build a road or help support strap on ceramic body armor, load country? Who is going to build the our Department of Defense and our na- their weapons, and go on their way. roads? Who is going to build the tional security. What a disappoint- Yesterday, nine of them were killed in schools and maintain the schools? Who Afghanistan. ment. is going to pay for the Centers For Dis- This country deserves better from all The question here at home is not are ease Control? How about the Depart- we going to pay for the costs of war, of us, to get this done. Again, I believe ment of Defense? How about the U.S. the best approach at this point is to because we have not, never have in Forest Service? It goes on and on. We years. And President Bush, who pushed say, yes, let’s go ahead and extend can tighten our belt. Yes, we can spend these tax cuts for middle-income work- the tax cuts, said: You will not pay for less in a number of areas. I support ers up to $250,000 a year. Let’s do it for them. Some of us stood on the Senate that. But we have to have a fiscal pol- 2 years, and then let’s see where we are floor and said: If we are at war, how icy that is serious. How on Earth, at a and let’s see what the needs of this about paying for the costs of war? Why time when we are at war, can we decide economy are in order to be sure we do we send soldiers to war and charge that our priority is to give an $80,000-a- have the opportunity to lift this coun- it and say to the solders: You come year tax cut beyond next year—an try going forward and provide some back and pay the bill. $80,000-a-year tax cut to someone mak- We are still at war, we have a $13 tril- economic opportunity in the future. ing $1 million a year? That makes no I wanted to mention one other issue. lion debt, not having paid for a penny sense to me. That is something that I and Senator of the war, having put all the debt on I think it is time for our country to BINGAMAN, Senator BROWNBACK, and the shoulders of those who will come understand that our national security others introduced yesterday. It deals home, then, to assume this debt. And is not just about our soldiers who are now the question is, Can we extend the fighting in the field. It is a require- with something called RES. That is not tax cuts for everyone? ment that we support them, not just by a foreign language, it is a renewable Here is what I think we should do. I saying we support them but by at least electricity standard. It is a policy that understand this economy is weak. I am some semblance of self-denial, at least many other countries have and many not going to give a speech about what by those who are making millions of of our States have. I believe there are caused that. I have done that many dollars a year. The proposition is only 29 States and the District of Columbia times. This economy is still weak. I un- to ask that they pay at the same tax that have renewable electricity stand- derstand the virtue of saying to those rate that they paid throughout the ards saying it is our policy that elec- earning under $250,000: We will con- 1990s when the country was booming, tricity shall be produced from renew- tinue to extend that tax cut. I would sufficiently booming that we had a able sources for a certain percentage of extend it for 2 years. That is what I budget surplus. That is the tax rate the the electric load. think we should do in terms of being wealthiest in America paid back then. We proposed 15 percent. We passed able, 2 years from now, to take a look It did not diminish the economy; it that on a bipartisan basis out of the at what is happening in our country, lifted up the economy, the fact that we Energy Committee. Why is this impor- what are our needs in order to lift our had a fiscal policy that was not moving tant? Because if we are going to be less country’s economy back up. We need to us deeper into debt but a fiscal policy, dependent on foreign oil, move to less tighten our belt on spending. We need rather, that was leading us toward a dependency on oil from countries that to cut some spending. We also are balanced budget and finally a budget do not like us very much in many going to need some additional revenue. surplus. cases, if we are going to be less depend- The question is, for those who are I think there is a higher purpose, and ent on that, we have to change our en- making $1 million a year in income and all of us need to be called to that high- ergy mix. That means we have to getting an $80,000 tax cut from the 2001 er purpose. It is not about, will we get produce more energy from renewable tax bill that was passed by this Con- our tax cut tonight, tomorrow, or next sources. We have to gather energy from gress, should they continue to get that month? Will the wealthy get it? Will the wind and the Sun, where the wind $80,000-a-year tax cut at a time when everybody get it? That is not what is of blows and the Sun shines, put it on a we have a $13 trillion debt and we are interest. What is of interest to every- wire, and move it to the load centers. still sending men and women to war, body in this country, I hope, is, what That changes the energy mix in our when they are risking their lives and kind of a future will our children have country. The way to do that is the way we are not paying for any of it? Should in the United States of America? Will other countries and the way many of we still do that? The answer, in my we allow them to inherit a country our States have already done it: drive judgment, is no. that is growing and expanding and pro- it with a 15-percent renewable elec- The American people are waiting and viding opportunity for our kids? tricity standard. I prefer 20, but 15 is watching for some semblance of seri- I think it is very disappointing that what we passed out of that committee, ousness here, some serious approaches we end this year having done so little the Energy Committee.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7412 CONGRESSIONAL RECORD — SENATE September 23, 2010 It appears to me that now we are not is not the end of the year. We have dren will be kicked off their health in- going to get a larger energy bill in this some additional time. My hope is that surance plan when they turn 19 or fin- Congress. That is too bad because we our colleagues can attempt to give us ish college. Today, millions of Amer- passed a bipartisan bill that would pro- the best of what both political parties ican families with young adult children vide greater energy security for our have to offer rather than the worst of who don’t receive health insurance country out of the Energy Committee. each. The American people expect through their employer will be able to At the very least, let’s pass a renew- more and deserve more from us. keep their children on their family able electricity standard that is bipar- I wonder sometimes how the major- plan until age 26. I know that in my tisan, that will drive the production of ity leader is able to have the patience State of Iowa, this will help over 8,300 new capability in wind and solar and to try to find a way to steer almost young adults this year. other renewable sources. anything through this Chamber. I said Today, Americans receive yet an- In the second quarter of this year, we yesterday that even a Mother’s Day other protection against health insur- had a 70-percent reduction in wind en- resolution would likely engender a fili- ance company abuses. Starting today, ergy production—that is the produc- buster. It is very hard because we have if an insurer refuses to pay for your tion of facilities to build wind energy. people who see themselves as a set of test or treatment, you are guaranteed From last year, a 70-percent reduction. human brake pads, whose only destiny the right to appeal that decision. If The reason? Because we do not have a is to try to stop everything. The prob- your appeal through the company is renewable electricity standard. There lem is that there are a number of not favorable, you have the right to an was an expectation that we would, and things that must get done for the eco- independent appeal by a third-party re- we do not. nomic health of this country and for viewer. This is one of many new re- Let’s not leave this Congress this the health of the American people. forms that will keep insurance compa- year with so much unfinished business I yield the floor. nies from boosting profits at the ex- that I believe is essential to this coun- f pense of sick patients. try. SIXTH MONTH ANNIVERSARY OF And finally, today is a landmark day While I am speaking about it, let me THE AFFORDABLE CARE ACT in the effort to transform our current make one additional point, and that is sick care system into a true health Mr. HARKIN. Mr. President, today on another piece of legislation that care system—one focused on wellness, marks exactly 6 months since the Af- must pass by the end of this year. It prevention, and public health—keeping fordable Care Act became law. And this rests now in the Senate Finance Com- people out of the hospital in the first truly is a banner day, because a key mittee and it reauthorizes the Special place. That is why I am particularly feature of the new law, the Patient’s Diabetes Program in this country that pleased that, starting today, health Bill of Rights, goes into effect—crack- is so unbelievably important. The Spe- plans must cover proven preventive ing down on the worst abuses of health cial Diabetes Program helps all Ameri- services at no cost to the patient. This insurance companies and giving Ameri- cans, but it is especially targeted at means that, starting today, you can cans important new protections. These Native Americans, who in some cases reforms are long overdue, and rep- visit your doctor for tests such as have rates of diabetes that are 10 and resent a new day in American health mammograms and colonoscopies for 12 times the rate of the national aver- care. We are creating a reformed prenatal care, or for immunizations age. We must reauthorize the Special health insurance system that works in such as the seasonal flu shot, without Diabetes Program. If my colleagues the interest of working Americans and paying a deductible, co-pay, or coinsur- could walk into a dialysis center and their families—the healthy and the ance. This represents an enormous ben- see the number of people—on Indian sick—and not just to boost the profits efit to the health of Americans, and to reservations especially—hooked up to a of insurance companies and the bo- the well-being of this country. Because dialysis machine, in some cases with nuses of their executives. there is no better way to bend the cost only one leg or having lost an arm—the Starting today, insurance companies curve downward than by keeping peo- ravages of diabetes are unbelievable, will no longer be allowed to cancel ple healthy and catching illness in its and the number of new cases of diabe- your policy if you get sick. They must earliest stages. tes among children of this country is end their abusive practice of scouring As I travel around the country, I hear just startling. your health records for an excuse—any from so many folks who have already I want to show one chart about this. excuse—to cancel your coverage and benefitted from health care reform, This chart shows the number of people leave you high and dry when you need and look forward to the many addi- in America over the past 30 years who insurance the most. One major insurer tional improvements still to come. I have been diagnosed with diabetes. actually targeted women who were hear from mothers who are relieved This is a full-blown, full-scale, unbe- newly diagnosed with breast cancer. No their children can no longer be denied lievable epidemic. longer will insurance companies be al- coverage for their asthma, from work- The Special Diabetes Program that I lowed to reward employees with bo- ing families who will no longer have to and Senator Domenici and Senator nuses for cancelling policies in order to worry about the cost of a co-pay for COLLINS and so many others have pad company profits. This cruel prac- their annual flu shot, and from seniors worked so hard on for a long time has tice, at long last, is illegal. who have received a $250 rebate check to be reauthorized. I hope very much Starting today, children with pre- to help with the cost of their prescrip- my colleagues will understand that existing conditions can no longer be de- tion drugs. this is not optional. Go to an dialysis nied health insurance. This will ensure Starting in January, seniors will also center. Go to an Indian reservation and that all children receive access to pre- receive free preventive services—plus go to a dialysis center and talk to the ventive care and needed treatments an annual wellness visit—through people hooked up to those machines and healthy start at life. Medicare. and see the amputations and talk to Beginning today, lifetime benefit I talk to small business owners who the relatives of people who have died in limits on your health insurance plan have benefitted from the tax credits circumstances where people, over 50 will be banned, and annual benefit lim- that make providing health coverage years old on average, 50 or 60 percent of its will be restricted. Over 100 million to their employees more affordable. them are affected by diabetes. Espe- Americans have health plans that in- I would like to take a moment to cially take a look at the rate of diabe- clude a lifetime limit, which, in times share how health reform is helping ev- tes among children on Indian reserva- of serious illness, can cause the loss of eryday Americans by putting people tions—and children all across the coun- coverage when patients need it the ahead of profits. I recently learned try. Then say to yourself that this bill most. No longer will a diagnosis of an about the case of a young Iowan from doesn’t matter. You cannot possibly acute illness such as cancer or ALS Cedar Falls, Sarah Posekany. She is say that. We must address this issue. lead a patient to rapidly max out their just one of millions of Americans who This Congress has done some big health benefits. have been plunged into financial ruin things, some important things, and Starting today, parents will no because their insurance company cut there are some things yet to be done. It longer have to worry that their chil- them off after they got sick.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7413 Sarah was diagnosed with Crohn’s They want to drag us back to a day the health and economic security of disease when she was 15 years old. Dur- where a bad diagnosis not only meant a the American people. ing her first year of college, she ran health challenge but potential finan- Health reform is off to a very strong into complications from Crohn’s, forc- cial ruin. start. As many predicted, the new ing her to drop her classes in order to They have spent months using scare health reform law is growing increas- heal after multiple surgeries. Because tactics like claiming the bill cuts ingly popular as people get better ac- she was no longer a full-time student, Medicare and hurts seniors when it ac- quainted with its broad array of bene- her parents’ private health insurance tually strengthens Medicare. So far fits and protections. They like the new company terminated her coverage. this year, seniors have seen prescrip- law’s sharp emphasis on wellness and As Sarah puts it: ‘‘They didn’t want tion drug price relief, and very soon prevention. They want every American to help, so I had to let the medical bills they will enjoy free preventive care to have access to quality, affordable pile up.’’ and lower Medicare Advantage pre- health care. They like the tax cuts to Four years later, she found herself miums. help working families afford health $180,000 in debt, and was forced to file Do my friends on the other side of coverage. for bankruptcy. the aisle really want to repeal the ban And make no mistake: the American Sarah has undergone seven surgeries. on denying coverage to children with people are not going to allow these And here is what is most disturbing: preexisting conditions? benefits and rights to be taken away. Two of those surgeries came as a direct Do they want to overturn the provi- Mr. LEAHY. Mr. President, for each result of her not being able to afford sion allowing children to stay on their of us, our health is among the things medication. parents plan until they are 26 or can we care the most about. Certainly one Sarah said: ‘‘When I don’t have any receive coverage through an employer? of the most common requests any of us insurance, and can’t afford to treat Do they really want to turn to our regularly make in prayer is for good myself, the disease progresses to the youth at a time when they are most health. And of course it is not only our point where I need surgery.’’ vulnerable and starting out in life and own health we worry about; we also Sarah still wants to pursue her say, ‘‘Sorry, when you get sick, you’re want good health and proper medical dream of becoming a nurse. But her on your own?’’ insurance for our children, our parents, bankruptcy and crippling debt will fol- Do they want to repeal the ban on in- our siblings—for all those who are im- low her wherever she goes, all because surance companies cancelling your pol- portant to us. her parents’ insurance company can- icy if you get a serious illness like can- Medical knowledge and technology celled her coverage exactly when she cer or heart disease? have advanced tremendously during needed it most. Do they want to repeal the ban on the past two and a half centuries of Today is the day that we put a stop lifetime benefit limits and allow insur- American life, and the pace of medical to these kinds of tragedies—experi- ance companies to cut off your cov- progress is accelerating. But health in- ences like Sarah’s, that are a stain on erage when they determine your care surance models have not. The deck has our past. Today, our health system hurts profits too much? been stacked in favor of the insurance takes another giant step toward work- I can’t for the life of me understand companies, and against the practical ing not just for the healthy and the why Republicans think that repealing needs of ordinary Americans. For much wealthy but for all Americans. these new protections and benefits, and of the last century Americans have These reforms represent such enor- going back to the bad old days when pointed to the obvious need for insur- mous progress, such a dramatic im- health insurance companies held all ance reform, yet the problems have provement in the daily lives of millions the cards, is what Americans want. only grown worse and more urgent, of Americans. Frankly, I am astounded And what about the health reform leaving millions of Americans exposed that my colleagues on the other side of law’s reduction of the deficit? I am just to the ravages of sudden illness and the the aisle continue to call for the repeal at a loss as to why Republicans are wasting effects of declining health. of these historic reforms. calling for the repeal of a law that ends Six months ago today, President In fact, just this past weekend, a insurance company abuses, expands ac- Obama signed into law the Affordable major contender for their party’s Pres- cess to care, and reduces the deficit by Care Act, which will extend health in- idential nomination publicly stood up $143 billion in the next 10 years, and by surance coverage to more than 30 mil- for insurance companies to defend one nearly $1 trillion in the years after lion uninsured Americans in the next of their most egregious practices: dis- that. few years. Reform based on good qual- criminating against people based on There are so many good things in the ity, affordable health insurance that preexisting conditions. He said that health reform law, and there is much has been talked about for decades is fi- health insurance companies shouldn’t more to come. Just this week, a Fami- nally becoming a reality. Over 15 be obligated to cover preexisting condi- lies USA report highlighted the bene- months starting last year, Congress de- tions—and let’s not forget that insur- fits this law will bring to my State of bated and then passed the most sweep- ers include pregnancy and domestic vi- Iowa. When the full law kicks in, in ing and comprehensive reforms to im- olence on their list of preexisting con- 2014, over 261,000 Iowans will qualify for prove the everyday lives of every ditions—because paying for the care of tax credits to help them purchase American since Congress passed Medi- the sick is like insuring a building that health insurance. These tax credits, care in 1965. It was an arduous process, is on fire. which amount to one of the largest but in the end the achievement proved If that’s how they characterize the middle-income tax cuts in American that change is possible and that voices millions of Americans with heart con- history, will reduce Federal income of so many Americans who over the ditions, the millions of Americans who taxes for Iowans by $974 million in the years have called on their leaders to are cancer survivors, and the millions first year alone. And these tax breaks act have finally been heard. of Americans born with health condi- are targeted toward working families Americans are already beginning to tions they have no control over—com- who have long struggled with the in- see some of the benefits of insurance paring them to burning buildings—then creasing cost of health insurance. reform. First, in states where individ- I can understand why it is so easy for We have reached a historic moment uals and families are excluded from them to lock arms with insurance com- in the history of American health care. health coverage because of preexisting panies and defend their discriminatory A moment where the promise of health medical conditions, these Americans practices. reform is becoming a reality for Ameri- can now buy insurance through special What this sort of thinking indicates cans. A moment where all patients— insurance plans overseen by the states to me is that many Republicans are not just the healthy and the wealthy— and delivered by private medical pro- sadly out of touch with the priorities have the rights and protections they viders. Second, employers across the of the American people. They continue need and deserve. country already have applied for and to argue for repeal of a bill that puts The Patient’s Bill of Rights—the have been awarded early retiree rein- an end to the most appalling health in- critical new protections that take ef- surance grants that will reimburse em- surance company abuses. fect today—is a giant step forward for ployers for retirees’ medical claims.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7414 CONGRESSIONAL RECORD — SENATE September 23, 2010 Third, seniors on Medicare who have see this year, over time the Affordable As more provisions of the Affordable high-cost prescriptions typically fall Care Act will insure 95 percent of our Care Act are implemented, it is impor- within a coverage gap known as the population and make a substantial in- tant we do not forget the health care ‘‘doughnut hole.’’ Beginning recently, vestment in our economic vitality in crisis facing our Nation and the con- beneficiaries who fall within the gap the years ahead. In addition to ending sequences of inaction. The latest U.S. will receive $250 checks to help cover the discriminatory insurance company Census report confirms that, while the cost of their prescription drugs. practices of denying coverage because some were spinning mistruths about a And today, more benefits of real in- of a preexisting condition or canceling government takeover of health care, surance reform go into effect that will coverage when beneficiaries get sick, more and more Americans were losing help consumers take control of their the new law will lower costs for small their health insurance coverage. Last own health care decisions. Known as businesses and individuals who simply year, the number of insured individuals the Patients’ Bill of Rights, these new cannot afford health coverage. And de- and families dropped for the first time rules protect consumers against the spite the specious arguments from op- the Census starting tracking that data worst health insurance industry abuses ponents of reform, this bill is the larg- in 1987. Nearly 51 million Americans that have prevented millions of people est deficit reduction measure upon are uninsured, compared to 46 million from receiving the health care they which many in Congress will ever cast the previous year. The Affordable Care need. Going forward, insurance plans a vote. The Congressional Budget Of- Act puts in place assurances that no can no longer deny children coverage fice estimates that comprehensive re- more Americans will be priced out of because of a preexisting health condi- form will reduce the federal deficit by the private health insurance market or tion; insurance plans are barred from $143 billion through 2019, and by more denied coverage by discriminatory in- dropping beneficiaries from coverage than $1 trillion in the decades to come. surance practices. Americans will no simply because of an illness; dozens of The Affordable Care Act is a tremen- longer pay more every year for fewer preventive care services must be cov- dous achievement that will improve benefits, be denied coverage for a pre- ered at no cost and with no co-pay; the lives of Americans for generations existing medical condition, or lose cov- Americans will have access to an easier to come. For decades, we have heard erage altogether just for getting sick. appeals process for private medical heartbreaking stories about the enor- The Patient’s Bill of Rights taking claims that are denied; and adult chil- mous challenges Americans face be- effect today eliminates the worst prac- dren can stay on their parents’ plans cause they are uninsured or under- tices of the insurance industry that until their 26th birthdays. took advantage of American families Yet another major reform now pro- insured. With each new implementa- for far too long. But insurance market tects everyday Americans from one of tion date of the features of the Afford- reforms alone will not address all the most egregious insurance industry able Care Act, these stories are becom- shortcomings of our health care sys- practices: setting lifetime or annual ing fewer and fewer and are being re- tem. The Affordable Care Act also in- limits on health insurance coverage. placed by stories of the success of these cludes important investments in Wherever I travel in Vermont I am reforms, one family at a time, all strengthening and growing our health often stopped in the grocery store, at across Vermont and all across Amer- church, on the street or at the gas sta- ica. care workforce, improving access to tion to listen to personal, wrenching There is still much more to accom- preventive and wellness programs, and stories from Vermonters who can no plish, and there are still millions of addressing waste, fraud and abuse. I supported health care reform to longer get medical treatment because Americans who are struggling to buy give our Nation the best chance of im- they have met their annual or lifetime or keep adequate health insurance cov- proving our system and reigning in maximum. Many of these Vermonters erage for their families or themselves. costs. One of our biggest challenges re- were perfectly healthy before being di- As these reforms are implemented over mains the fact that we spend more on agnosed with cancer or diseases that the next few years, I will continue to can cost well beyond their means for work with Vermonters and the Depart- health care than any other country, 50 treatment. Instead of being able to ment of Health and Human Services to percent more per capita than the next focus on getting healthy, patients in- help Americans have the access to the highest spender, and yet have poorer stead must worry about whether or not quality, affordable health insurance health outcomes than most. Health re- their next doctor’s visit will shove that each American needs and de- form cannot change that fact over- them above the insurance company’s serves. night, but it does provide us with a arbitrary limit. Mr. JOHNSON. Mr. President, I rise path forward and the tools to improve Each of these stories is anguishing. today to recognize an important mile- the way our system works for every- Let me describe just one of them. A stone in the effort of delivering mean- one. Health economists have noted master’s student from Saint Michael’s ingful health reform for all Americans. that reform finally implements a myr- College’s graduate school, Ned wrote Six months ago, President Obama iad of bipartisan proposals to rein in my office during the health care re- signed the Patient Protection and Af- costs that have been circulating for form debate to share his story. A car fordable Care Act into law, and the decades. These commonsense changes accident when Ned was nine left him a first major patient protections now to our health care delivery system will quadriplegic. His health care costs take effect to help Americans obtain ensure we are getting our money’s since then have necessarily been high. and keep meaningful health care cov- worth and ensure citizens have access In fact, recently Ned found that he had erage. to affordable health care. Health re- nearly met his lifetime limit on cov- I am reminded of all the South Dako- form has made a significant step for- erage from one plan and his only re- tan families and businesses that have ward in addressing the drivers behind maining option for health insurance contacted me to voice their thoughts increasing health care costs and plac- coverage not only contained a lifetime about health care, share their personal ing us in a more fiscally sustainable di- cap on coverage but also a cap on ex- experiences, and find out how reform rection. penses for durable medical equipment, will help them. Reforms in place today The new law isn’t perfect—few major which he uses frequently because of his end some of the worst insurance indus- pieces of legislation are—and the work wheelchair. But beginning today, Ned try abuses by implementing a Patient’s is not finished in delivering meaningful and millions of other Americans who Bill of Rights. These provisions protect health reform for all Americans. But fear reaching their coverage limits can children with a preexisting condition with inaction not an option, the pas- rest easier knowing that their insur- from being denied coverage, allow par- sage of the Affordable Care Act laid the ance will be there when they need it ents to provide insurance for their chil- foundation for improving the American the most. Ned, and we, can look for- dren through their young adult years, health care system. The new law is a ward to a lifetime of the contributions prohibit profit-driven insurance com- product of compromise and in that that he will make to his community panies from rescinding benefits as soon same spirit I will continue to work and our country. as someone becomes sick and eliminate with my colleagues to ensure health re- In addition to improvements to our lifetime limits and restrict annual lim- form is delivering for South Dakotans health insurance system that we will its on benefits. and all Americans.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7415 THE DREAM ACT will pay $5,300 more in taxes and cost Tragically, he became the first Amer- Mr. CARDIN. Mr. President, I rise taxpayers $3,900 less in government ex- ican prisoner of war executed by the today to express my support for the penses each year than if he or she Viet Cong. This year marks the 45th DREAM Act amendment to the 2010 dropped out of high school. Addition- anniversary of his death, and I am National Defense Administration Act. ally, our own Department of Defense proud to join his family later this This is bipartisan legislation that pro- recommended in their 2010–2012 stra- month to posthumously honor him vides sound economic and national se- tegic plan the passage of the DREAM with the Silver Star, the third highest curity benefits to our Nation. Act to help the military ‘‘share and military decoration that can be award- I have long supported the DREAM maintain a mission-ready All Volun- ed to a member of any branch of the Act primarily because it provides a teer Force.’’ The former Secretary of U.S. Armed Forces. pathway forward for young men and the Army, Louis Caldera, stated ‘‘the George Bennett was born on October women who have played by the rules DREAM Act will materially expand the 16, 1940, in Perryville, AR, a small town all of their lives, graduated high school pool of individuals qualified, ready and that rests just northwest of Little and now want to give back to this willing to serve their country in uni- Rock in the foothills of the Ozarks. His country. These are young people who form.’’ The DREAM Act provides a father, Gordon, was a veteran of World had no say in how or when they came smart and narrow pathway for eligible War I, and he instilled in his sons the to our country, but somehow, their young people to go on to college or values and rewards of service to coun- parents or other relatives brought enter our military. try. All four would follow his footsteps them here to live a better life. Lastly, supporting the DREAM Act is into the U.S. Army. Now, we could spend an infinite the proper next step toward taking up SGT George Bennett was trained in amount of time debating what to do comprehensive immigration reform. the Army as an airborne infantryman with the undocumented adults who The American people have spoken on and served with the famed 82nd and have come to the U.S.—and I hope that this issue. They would like Congress to 101st Airborne Divisions, made up of some of the finest soldiers in the world. we do eventually get to that debate— step up and deal with this issue. Ac- He earned his Master Parachute Wings but the focus of this measure is the cording to a recent Fox News poll, 68 and Expert Infantry Badge before vol- children. We are talking about the in- percent of voters, including Repub- unteering in 1964 for service in what nocent children, who, for the most licans, Democrats and Independents, was a relatively unknown area of part, have known no other home than say that efforts to secure the border America and deserve a way forward Southeast Asia called Vietnam. should be combined with reform of While deployed, Sergeant Bennett now that they are reaching adulthood. Federal immigration laws. I agree, Every year, thousands of undocu- served as an infantry advisor to the which is why I voted in favor of pro- mented students who live in the United 33rd Ranger Battalion, one of South viding $600 million for 1,500 new border States graduate from high school. Vietnam’s best trained and toughest Among these students you will find patrol agents, additional monitoring units. On December 29, 1964, they were valedictorians, honor roll students, and and communications equipment in Au- airlifted to the village of Binh Gia community leaders who are committed gust. That funding and those resources after it had been overrun by a division to the United States and their local were an important step to ensure our of Viet Cong. Immediately upon land- communities. It is estimated that Nation’s borders are secure; just like ing, Sergeant Bennett’s unit was con- there are 65,000 such young people who passing the DREAM Act is an impor- fronted by a well-dug-in regiment of graduate from high school in the tant step to ensure our country has the enemy forces, and despite fighting furi- United States and find themselves un- best and brightest individuals contrib- ously and courageously throughout the able to work, go to college, or serve uting to our economy and society. afternoon, their unit was decimated this country in the military. Additionally, the DREAM Act has and overrun. Sergeant Bennett and his The young people who would be traditionally been a bipartisan effort. radio operator, PFC Charles Crafts, fell DREAM Act eligible would have grad- During this Congress Senator DURBIN into the hands of the Viet Cong. uated high school, passed a background and Senator LUGAR introduced the leg- Before being captured, Sergeant Ben- check and be of good moral character. islation. But in the 108th Congress the nett twice called off American heli- It is why the DREAM Act is supported legislation had the support of Senator copter pilots who were attempting to by the Secretary of the Department of HATCH, Senator GRASSLEY, Senator navigate through the combat zone to Education, the National Education As- KYL and Senator CORNYN. During the rescue him and his radioman. Dis- sociation, the Association of American last Congress, 23 Republican Senators playing a remarkably calm demeanor, Universities and many others. Leading voted in favor of this legislation when his focus seemed to be on their safety businesses like Microsoft endorse the it was offered as an amendment to the and not his own. His last words to his DREAM Act because they recognize comprehensive immigration reform would-be rescuers were, ‘‘Well, they are these young people are talented and bill. There is a strong bipartisan his- here now. My little people [his term for can be a benefit to U.S. businesses in tory to this legislation and strong pub- the South Vietnamese soldiers under this global economy. DREAM Act-eli- lic support. his command] are laying down their gible young people are exactly the type No child should be held accountable weapons and they want me to turn off of individuals we want to be part of our for the sins of their parents. This tar- my radio. Thanks a lot for your help great society. geted, bipartisan legislation recognizes and God Bless You.’’ The DREAM Act is a smart, targeted this fact and shows compassion to the As a prisoner of war, the only thing piece of legislation that will only ben- innocent. It provides a pathway for- more remarkable than the courageous efit children who were brought to this ward for young men and women who resistance he displayed throughout his country before the age of 16 and have have played by the rules all of their captivity was his steadfast devotion to been living here for at least 5 years. lives, graduated high school and now duty, honor, and country. His faith in From an economic perspective, the want to give back to this country. God and the trust of his fellow pris- DREAM Act provides clear fiscal bene- These are young people who truly de- oners was unshakable. Sadly, the only fits to our local communities and our serve a second chance. I urge my col- way his captors could break his spirit Nation. State and local taxpayers have leagues to support this legislation. of resistance was to execute him. invested time and money in these f Today, Sergeant Bennett lies in an un- young people through elementary and marked grave known only to God, secondary education expecting that REMEMBERING STAFF SERGEANT somewhere in the jungles of Vietnam. eventually they will become contrib- HAROLD ‘‘GEORGE’’ BENNETT Mr. President, Sergeant Bennett was uting, tax-paying members of our soci- Mrs. LINCOLN. Mr. President, I rise a selfless young man who answered his ety. With education budgets as tight as today to honor the memory of U.S. Nation’s call to service and placed duty they are, why would any community Army SSG Harold ‘‘George’’ Bennett. and honor above all else. Although he throw away such an investment? In the jungles of Vietnam, this young may no longer be with us, the example Take this for example: a young im- Arkansan displayed courage and honor and selflessness of this brave young Ar- migrant who graduates from college while serving his Nation in uniform. kansan will forever live on in our

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7416 CONGRESSIONAL RECORD — SENATE September 23, 2010 hearts. While a grateful nation could late her on this honor, and I hope she ment of Education chooses a teacher of the never adequately express their debt to spends many more years inspiring year, the goal is to choose someone who has men like George Bennett, it should young minds. the ability to excite young people, to encour- take every opportunity to honor them I ask unanimous consent to have age them to use their imagination and to think about possibilities. ‘‘I think that’s and their families for the sacrifice they printed in the RECORD a copy of an ar- what she embodies,’’ Miller said. ‘‘She cares have paid on our behalf. ticle in The Burlington Free Press about her students and loves learning and f about Ms. Lawson. encourages learning in her students. She’s a There being no objection, the mate- highly effective teacher.’’ TRIBUTE TO JENNIFER LAWSON rial was ordered to be printed in the But it’s not only the students that Lawson Mr. LEAHY. Mr. President, this week RECORD, as follows: is teaching. Para-educator Erika Lynch is a newly licensed teacher who has been working the Vermont Department of Education [From Burlington FreePress.com] announced that Jennifer Lawson of alongside Lawson for two years. VERGENNES TEACHER IS STATE’S BEST, JEN- Waltham, VT, has been named ‘‘Being in rooms with her is really good for NIFER LAWSON PLAYS TO HER STUDENTS’ me because I can learn from her,’’ Lynch Vermont’s 2011 Teacher of the Year. I STRENGTHS said. ‘‘I am picking up things that hopefully am proud to call her selection to the (By Lynn Monty) I can use one day in my own classroom. Jenn Senate’s attention, and I offer hearty Teacher Jennifer Lawson looked classy— creates a learning community where kids congratulations to Ms. Lawson and but cool—dressed in tall green leather boots feel safe and take chances, where they are thank her for her dedication to the stu- that matched her mohair vest and nail polish challenged but they are able to meet those dents of Vermont. this morning as she guided her class through challenges. It’s because she meets kids at A graduate of the University of a lesson called ‘‘echoes.’’ their level. She does a great job of creating Vermont with a bachelor’s degree in el- One student said, ‘‘They say I’m spoiled’’ an environment that makes it easier for kids ementary education and a master’s de- as another echoed back, ‘‘I say I’m fortu- to learn.’’ nate.’’ Miller introduced Lawson at the assembly. gree in education from Connecticut ‘‘By the round of applause it is obvious Jen- College, Jennifer Lawson has spent 12 Another said, ‘‘They say I’m a geek,’’ as another echoed back, ‘‘I say they don’t know nifer Lawson is someone who is revered, re- years in the classroom. Prior to her me.’’ spected and loved,’’ she said. current role as a social studies and lan- The students wrote each statement and As Lawson accepted the crystal apple that guage arts teacher at Vergennes Union echo. The exercise is just one of the many Miller handed her, she received a standing High School, she taught as an elemen- tools 38–year-old Lawson, of Waltham, uses ovation from the packed auditorium and said tary school teacher in Vergennes. Her to empower her students and is part of the above the din, ‘‘I love my job and I love you guys.’’ success as an educator stems from her reason she was chosen 2011 Vermont Teacher ability to inspire students to challenge of the Year. f themselves and their peers in a positive Lawson is a middle school language arts ADDITIONAL STATEMENTS and social studies teacher at Vergennes learning environment. She champions Union High School. As winner of the state her students’ individuality and encour- award, she will travel across Vermont to ARKANSAS’S FINALISTS FOR ages them to bring their life experi- work with other teachers and compete for ences into the classroom. the National Teacher of the Year award. In ‘‘TEACHER OF THE YEAR’’ In Vermont, schools are at the core the spring, she heads to Washington for a re- ∑ Mrs. LINCOLN. Mr. President, today of our communities. Our kids are the ception at the White House. Lawson is a na- I congratulate 14 Arkansas teachers seed corn of the future that we want tive Vermonter who has worked at VUHS for who were recently named regional fi- for our state and its people. six years. nalists for Arkansas Teacher of the Vermonters understand the importance ‘‘It’s amazing, humbling and flattering,’’ Lawson said. ‘‘It’s an award for my students Year. These educators represent the of giving our children a quality edu- more so than for me because it’s the stu- best of our State, and I join all Arkan- cation, and they understand that a dents who get me excited.’’ sans to thank them for their efforts to child’s education begins well before Lawson said it’s important to her to know educate and inspire our Arkansas their first day of school and will con- students individually and to recognize who youth. These teachers devote them- tinue long after their last graduation they are. She said her goal as a teacher is to selves to ensuring a bright, successful day. Jennifer Lawson brings this phi- celebrate her students and broaden their per- future for their students, and I com- losophy into practice every time she spective of the world. ‘‘In a lot of ways mend them for their pursuit of profes- enters the classroom. She recognized school is home away from home,’’ she said. ‘‘The experiences here should be celebrated sional excellence and their dedication quickly that educating students in- and connections should be made with their to learning and knowledge. volves so much more than just talking life experiences outside of school.’’ The finalists are Blair Ballard, Wal- about a subject. Lawson taught at Vergennes Union Ele- nut Ridge Elementary; Vickie Beene, Even outside the classroom Jennifer mentary School prior to taking the position an English teacher at Nashville High is involved in improving the education at the high school. She has 12 years of class- School; Julie Boyd, Hurricane Creek in her community. She serves on sev- room experience and holds a master’s of edu- Elementary in Bryant; Jeannette eral of her school’s committees, includ- cation from Connecticut College and a bach- Dempsey, College Hill Elementary, ing the Adequate Yearly Progress elor’s in elementary education from the Uni- versity of Vermont. Texarkana; Oretha Faye Ferguson, an Team for Literacy; she is a coleader of Lawson’s father, Robert Lawson, recently English teacher at Fort Smith South- the Afterschool Program for Reading retired from the University of Vermont after side High School; Karen S. Hart, a biol- and Math; and she serves as a member 44 years of teaching. He has observed his ogy teacher at Jonesboro High School; on the assessment design and research daughter in the classroom on many occa- Kristy Parish, Westside Elementary, team. Along with her efforts close to sions. Searcy; Mary Katherine Parson, a biol- home she has been published nationally ‘‘It’s a wonderful recognition,’’ he said of ogy teacher at Little Rock Central; on alternative energy sources for the award. ‘‘Jennifer is very fond of this Kathy A. Powers, Simon Intermediate schools and has given a presentation on community. She gives from her heart and mind and she teaches her students to prob- School, Conway; Therese Thompson, Expeditionary Learning Schools for lem-solve, to be cooperative, to read and to John Tyson Elementary, Springdale; Outward Bound. I am glad that she will be friendly. I am just very happy for her Rebecca Vaughn, Wedlock Elementary, expand her role within our State even today.’’ West Memphis; Maryann Walker, M.A. further this year as she consults with As students left the soft lighting and Hardin Elementary, White Hall; Caro- other educators throughout Vermont comfy couches in Jennifer Lawson’s class- lyn Whisenant, Mountain Home Kin- in her role as Teacher of the Year. room to attend the assembly being held in dergarten; and Emily Kathryn White, As I told Jennifer when I called her her honor, eighth-grader Dana Ambrose, 13, Monticello Elementary.∑ praised his teacher. ‘‘She’s really great and this week, Marcelle and I are proud of f her and the extraordinary work she helps us a lot. Personally I don’t read that great, but she has helped me improve. I am does on behalf of Vermont children. ARKANSAS BLUES AND HERITAGE thankful for that. She’s a great teacher and FESTIVAL Vermont will be superbly represented just loves to help everybody.’’ in the national competition for Teach- Vermont Education Board Chairwoman ∑ Mrs. LINCOLN. Mr. President, today er of the Year next spring. I congratu- Fayneese Miller said that when the Depart- I celebrate the 25th anniversary of the

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7417 Arkansas Blues and Heritage Festival, pin cherry and gray birch into hand- Mrs. Cole, one of its reading clerks, an- a beloved, time-honored tradition in hewn candlesticks and a number of ac- nounced that the House has passed the my hometown of Helena, AR. cessories. Mr. Leach lovingly builds, following bills, in which it requests the The Arkansas Blues and Heritage paints, signs, and dates his exceptional concurrence of the Senate: Festival, formerly known as the King and unique creations, which are all H.R. 2923. An act to enhance the ability to Biscuit Blues Festival, is one of the beautifully handcrafted and guaranteed combat methamphetamine. Nation’s foremost showcases of blues for life. While his most popular designs H.R. 3470. An act to authorize funding for the creation and implementation of infant music. Held for 3 days annually in Oc- include the traditional Weekender mortality pilot programs in standard metro- tober, tens of thousands of blues enthu- chairs to the more eclectic Nor’easter politan statistical areas with high rates of siasts converge on historic downtown chairs, Mr. Leach has pledged to design infant mortality, and for other purposes. Helena. This year’s festival features 100 variations of the outdoor classic by H.R. 4195. An act to authorize the Peace legendary blues musician B.B. King, alternating back height, seat angles, Corps Commemorative Foundation to estab- along with nearly 50 other blues per- hardware, and color. Moreover, chairs lish a commemorative work in the District of Columbia and its environs, and for other formances. The event will be held Octo- can be built to withstand even the purposes. ber 7 to 9, with projected attendance coldest of Maine’s winters, as they are H.R. 4347. An act to amend the Indian Self- figures of nearly 80,000. constructed of weather tight white oak Determination Act and Education Assistance I have often joined my fellow Helena and finished in the finest exterior Act to provide further self-governance by In- residents to celebrate and enjoy this house paint on the market. dian tribes, and for other purposes. annual tradition, and I am proud of the And although Mainers have come to H.R. 5152. An act to adjust the boundary of the Kennesaw Mountain National Battlefield community’s efforts to keep alive the anticipate traditional white Adiron- Park to include the Wallis House and history and heritage of blues music. dack chairs assembled along campfires Harriston Hill, and for other purposes. Founded in 1986, the first festival was and lazily arranged in the backyard, H.R. 5194. An act to designate Mt. Andrea a 1-day event, with a small gathering Dirk Leach is renowned for applying Lawrence, and for other purposes. of local residents and a flatbed truck as layers of paint in colors inspired by na- H.R. 5494. An act to direct the Secretary of a stage. Since then, the festival has the Interior to transfer certain properties to ture itself, from colors such as iris, the District of Columbia. grown to a 3-day event, with three prairie grass, and warm earth, to vivid H.R. 5809. An act to amend the Controlled stages and several activities, such as shades of crocus, coral, and pistachio. Substances Act to provide for take-back dis- the Kenneth Freemyer 5K Run, the Touted as the ‘‘Best Maine Adiron- posal of controlled substances in certain in- Blues in Schools program, and the dack Chair’’ by Down East Magazine in stances, and for other purposes. Tour da’ Delta bicycle tour. July 2010, Dirk Leach Rustic Arts has H.R. 5811. An act to amend the Ysleta del I congratulate the organizers and Sur Pueblo and Alabama and Coushatta In- been working to keep up with demand dian Tribes of Texas Restoration Act to leadership of the Arkansas Blues and since the Maine publication hit news- allow the Ysleta del Sur Pueblo Tribe to de- Heritage Festival, along with all my stands. And when he wasn’t drawing up termine blood quantum requirement for fellow Helena residents. I wish them all his newest designs, Mr. Leach has membership in that tribe. the best as they celebrate 25 years of spent time traveling to Wisconsin, New H.R. 6130. An act to amend title XI of the the Arkansas Blues and Heritage Fes- York, and throughout Maine—from Social Security Act to expand the permissive tival.∑ exclusion from participation in Federal July to September—demonstrating his health care programs to individuals and enti- f rustic woodworking craftsmanship and ties affiliated with sanctioned entities. RECOGNIZING DIRK LEACH RUSTIC techniques. The message also announced that the ARTS While small businesses are most no- House has agreed to the following con- tably touted as drivers of our national ∑ Ms. SNOWE. Mr. President, as lob- current resolution, in which it requests economy, and rightly so, they can the concurrence of the Senate: ster bakes and vacations along the pic- sometimes be overlooked for their turesque northeastern coast fade with H. Con. Res. 294. Concurrent resolution often more subtle contributions to de- commemorating the 75th anniversary of the the summer months, today I honor a sign, quality, and innovative vision. Blue Ridge Parkway. craftsman and small business owner in Whether his customers utilize these The message further announced that my home State of Maine who keeps the chairs to gaze out at the ocean or sit the House has passed the following bill, feeling of the season alive by marrying around a campfire, Dirk Leach’s de- without amendment: function, comfort, beauty, tradition, signs are functional works of art meant S. 2781. An act to change references in Fed- and love of the outdoors— to last for generations. I commend eral law to mental retardation to references quintessentially Maine characteris- Dirk Leach on the passion he lends to to an intellectual disability, and change ref- tics—with the iconic Adirondack chair. his craft, and I wish him nothing but erences to a mentally retarded individual to Located along the Saco River in the success in the years to come.∑ references to an individual with an intellec- town of Buxton, Dirk Leach Rustic tual disability. Arts is a one-of-a-kind business de- f The message also announced that the voted to one man’s dream of creating MESSAGES FROM THE PRESIDENT House agrees to the amendment of the the perfect Adirondack chair. The com- Senate to the bill (H.R. 1454) to provide pany’s owner, Dirk Leach, maintains Messages from the President of the for the issuance of a Multinational the tradition of ‘‘rustic artistry’’ by United States were communicated to Species Conservation Funds walking through Maine’s woodlands in the Senate by Mr. Williams, one of his Semipostal Stamp. secretaries. late fall and winter to gather materials ENROLLED BILLS SIGNED for one of his Shaker creations. An art- f At 11:33 a.m., a message from the ist and an innovator, Mr. Leach de- EXECUTIVE MESSAGES REFERRED House of Representatives, delivered by scribes himself as ‘‘obsessed with the Mrs. Cole, one of its reading clerks, an- Adirondack chair form,’’ and draws in- As in executive session the Presiding nounced that the Speaker has signed spiration from the simple, functional Officer laid before the Senate messages the following enrolled bills: forms of Shaker design. Mr. Leach’s from the President of the United H.R. 4505. An act to enable State homes to sketches help him translate his vary- States submitting sundry nominations furnish nursing home care to parents any of ing ideas into unique prototypes and, which were referred to the appropriate whose children died while serving in the finally, innovative seating pieces with committees. Armed Forces H.R. 6102. An act to amend the National wide seat planks, thick arm rests, and (The nominations received today are printed at the end of the Senate pro- Defense Authorization Act for Fiscal Year clean lines. 2010 to extend the authority of the Secretary Since the mid 1990s, Dirk Leach has ceedings.) of the Navy to enter into multiyear con- fashioned Adirondack chairs and set- f tracts for F/A–18E, F/A–18F, and EA–18G air- tees from a variety of trees native to craft. Maine, such as red oak, white ash, yel- MESSAGES FROM THE HOUSE The enrolled bills were subsequently low birch, and sugar maple. Perhaps At 10:38 a.m., a message from the signed by the President pro tempore most creatively, Mr. Leach transforms House of Representatives, delivered by (Mr. INOUYE).

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7418 CONGRESSIONAL RECORD — SENATE September 23, 2010 At 3:19 p.m., a message from the At 4:40 p.m., a message from the dian Tribes of Texas Restoration Act to House of Representatives, delivered by House of Representatives, delivered by allow the Ysleta del Sur Pueblo Tribe to de- Mrs. Cole, one of its reading clerks, an- Mr. Novotny, one of its reading clerks, termine blood quantum requirement for nounced that the House has agreed to announced that the House has passed membership in that tribe; to the Committee on Indian Affairs. the amendment of the Senate to the the following bill, in which it requests H.R. 6130. An act to amend title XI of the bill (H.R. 5297) to create the Small the concurrence of the Senate: Social Security Act to expand the permissive Business Lending Fund Program to di- 6190. An act to amend the Internal Revenue exclusion from participation in Federal rect the Secretary of the Treasury to Code of 1986 to extend the funding and ex- health care programs to individuals and enti- make capital investments in eligible penditure authority of the Airport and Air- ties affiliated with sanctioned entities; to institutions in order to increase the way Trust Fund, to amend title 49, United the Committee on Finance. availability of credit for small busi- States Code, to extend the airport improve- The following concurrent resolution ment program, and for other purposes. nesses, to amend the Internal Revenue was read, and referred as indicated: ENROLLED BILL SIGNED Code of 1986 to provide tax incentives At 5:09 p.m., a message from the H. Con. Res. 294. Concurrent resolution for small business job creation, and for commemorating the 75th Anniversary of the House of Representatives, delivered by other purposes. Blue Ridge Parkway; to the Committee on Mr. Novotny, one of its reading clerks, Energy and Natural Resources. ENROLLED BILLS SIGNED announced that the Speaker has signed f The message also announced that the the following enrolled bill: Speaker has signed the following en- H.R. 5297. An act to create the Small Busi- MEASURES PLACED ON THE rolled bills: ness Lending Fund Program to direct the CALENDAR S. 2781. An act to change references in Fed- Secretary of the Treasury to make capital The following bill was read the sec- eral law to mental retardation to references investments in eligible institutions in order to an intellectual disability, and change ref- to increase the availability of credit for ond time, and placed on the calendar: erences to a mentally retarded individual to small businesses, to amend the Internal Rev- S. 3827. A bill to amend the Illegal Immi- references to an individual with an intellec- enue Code of 1986 to provide tax incentives gration Reform and Immigrant Responsi- tual disability. for small business job creation, and for other bility Act of 1996 to permit States to deter- H.R. 1454. An act to provide for the purposes. mine State residency for higher education issuance of a Multinational Species Con- The enrolled bill was subsequently purposes and to authorize the cancellation of servation Funds Semipostal Stamp. signed by the President pro tempore removal and adjustment of status of certain alien students who are long-term United The enrolled bills were subsequently (Mr. INOUYE). signed by the President pro tempore States residents and who entered the United States as children, and for other purposes. (Mr. INOUYE). At 5:54 p.m., a message from the f ENROLLED BILLS SIGNED House of Representatives, delivered by At 3:51 p.m., a message from the Mr. Novotny, one of its reading clerks, ENROLLED BILL PRESENTED announced that the House has passed House of Representatives, delivered by The Secretary of the Senate reported Mrs. Cole, one of its reading clerks, an- the following bills, without amend- ment: that on September 23, 2010, she had pre- nounced that the Speaker has signed sented to the President of the United the following enrolled bills: S. 3717. An act to amend the Securities and Exchange Act of 1934, the Investment Com- States the following enrolled bill: H.R. 4667. An act to increase, effective as of pany Act of 1940, and the Investment Advis- S. 2781. An act to change references in Fed- December 1, 2010, the rates of compensation ers Act of 1940 to provide for certain disclo- eral law to mental retardation to references for veterans with service-connected disabil- sures under section 552 of title 5, United to an intellectual disability, and change ref- ities and the rates of dependency and indem- States Code, (commonly referred to as the erences to a mentally retarded individual to nity compensation for the survivors of cer- Freedom of Information Act), and for other references to an individual with an intellec- tain disabled veterans, and for other pur- purposes. tual disability. poses. S. 3814. An act to extend the National f H.R. 5682. An act to improve the operation Flood Insurance Program until September of certain facilities and programs of the 30, 2011. EXECUTIVE AND OTHER House of Representatives, and for other pur- COMMUNICATIONS poses. f The enrolled bills were subsequently MEASURES REFERRED The following communications were laid before the Senate, together with signed by the President pro tempore The following bills were read the first accompanying papers, reports, and doc- (Mr. INOUYE). and the second times by unanimous uments, and were referred as indicated: consent, and referred as indicated: EC–7507. A communication from the Direc- At 4:23 p.m., a message from the H.R. 3470. An act to authorize funding for tor of Defense Procurement and Acquisition House of Representatives, delivered by the creation and implementation of infant Policy, Department of Defense, transmit- Mr. Novotny, one of its reading clerks, mortality pilot programs in standard metro- ting, pursuant to law, the report of a rule en- announced that that the House has politan statistical areas with high rates of titled ‘‘Defense Federal Acquisition Regula- passed the following bill, without infant mortality, and for other purposes; to tion Supplement; Government—Assigned Se- the Committee on Health, Education, Labor, amendment: rial Number Making’’ (DFARS Case 2008– and Pensions. S. 1674. An act to provide for an exclusion H.R. 4195. An act to authorize the Peace D047) received in the Office of the President under the Supplemental Security Income Corps Commemorative Foundation to estab- of the Senate on September 20, 2010; to the program and the Medicaid program for com- lish a commemorative work in the District Committee on Armed Services. pensation provided to individuals who par- of Columbia and its environs, and for other EC–7508. A communication from the Direc- ticipate in clinical trials for rare diseases or purposes; to the Committee on Energy and tor of Defense Procurement and Acquisition conditions. Natural Resources. Policy, Department of Defense, transmit- The message also announced that the H.R. 5152. An act to adjust the boundary of ting, pursuant to law, the report of a rule en- House agrees to the resolution (H. Res. the Kennesaw Mountain National Battlefield titled ‘‘Defense Federal Acquisition Regula- 1653) returning to the Senate the Park to include the Wallis House and tion Supplement; DoD Office of the Inspector Harriston Hill, and for other purposes; to the General Address’’ (DFARS Case 2010–D015) amendment of the Senate to the bill received in the Office of the President of the (H.R. 5875) title, the bill (S. 951) title, Committee on Energy and Natural Re- sources. Senate on September 20, 2010; to the Com- the bill (S. 1023), the bill (S. 2799), the H.R. 5194. An act to designate Mt. Andrea mittee on Armed Services. bill (S. 3162), and the bill (S. 3187), in Lawrence, and for other purposes; to the EC–7509. A communication from the Under the opinion of the House, each con- Committee on Energy and Natural Re- Secretary of Defense (Personnel and Readi- travenes the first clause of the seventh sources. ness), transmitting a report on the approved section of the first article of the Con- H.R. 5809. An act to amend the Controlled retirement of Admiral Mark P. Fitzgerald, stitution of the United States and is an Substances Act to provide for take-back dis- United States Navy, and his advancement to the grade of admiral on the retired list; to infringement of the privileges of this posal of controlled substances in certain in- stances, and for other purposes; to the Com- the Committee on Armed Services. House, and shall be respectfully re- mittee on the Judiciary. EC–7510. A communication from the Chief turned to the Senate with a message H.R. 5811. An act to amend the Ysleta del Counsel, Federal Emergency Management communicating this resolution. Sur Pueblo and Alabama and Coushatta In- Agency, Department of Homeland Security,

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7419 transmitting, pursuant to law, the report of the report of a rule entitled ‘‘Fisheries of the a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Suspension of Community Exclusive Economic Zone Off Alaska; Atka Robert E. Rust, Jr. Model DeHavilland Eligibility’’ ((44 CFR Part 64)(Internal Agen- Mackerel in the Bering Sea and Aleutian Is- DH.C1 Chipmunk 21, DH.C1 Chipmunk 22, and cy Docket No. FEMA–8147)) received in the lands Management Area’’ (RIN0648–XY62) re- DH.C1 Chipmunk 22A Airplanes’’ ((RIN2120– Office of the President of the Senate on Sep- ceived in the Office of the President of the AA64) (Docket No. FAA–2010–0632)) received tember 21, 2010; to the Committee on Bank- Senate on September 21, 2010; to the Com- in the Office of the President of the Senate ing, Housing, and Urban Affairs. mittee on Commerce, Science, and Transpor- on September 21, 2010; to the Committee on EC–7511. A communication from the Chief tation. Commerce, Science, and Transportation. Counsel, Federal Emergency Management EC–7519. A communication from the Acting EC–7527. A communication from the Senior Agency, Department of Homeland Security, Director of Sustainable Fisheries, National Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of Marine Fisheries Service, Department of tration, Department of Transportation, a rule entitled ‘‘Final Flood Elevation Deter- Commerce, transmitting, pursuant to law, transmitting, pursuant to law, the report of minations’’ ((44 CFR Part 67)(Docket ID the report of a rule entitled ‘‘Fisheries of the a rule entitled ‘‘Airworthiness Directives; FEMA–2010–0003)) received during adjourn- Economic Exclusive Zone Off Alaska; Pacific The Boeing Company Model 737–100 and –200 ment of the Senate in the Office of the Presi- Cod in the Bering Sea and Aleutian Islands’’ Series Airplanes’’ ((RIN2120–AA64) (Docket dent of the Senate on September 21, 2010; to (RIN0648–XY45) received in the Office of the No. FAA–2010–0481)) received in the Office of the Committee on Banking, Housing, and President of the Senate on September 21, the President of the Senate on September 21, Urban Affairs. 2010; to the Committee on Commerce, 2010; to the Committee on Commerce, EC–7512. A communication from the Sec- Science, and Transportation. Science, and Transportation. retary, Division of Corporation Finance, Se- EC–7520. A communication from the Acting EC–7528. A communication from the Senior curities and Exchange Commission, trans- Director of Sustainable Fisheries, National Program Analyst, Federal Aviation Adminis- mitting, pursuant to law, the report of a rule Marine Fisheries Service, Department of tration, Department of Transportation, entitled ‘‘Commission Guidance on Presen- Commerce, transmitting, pursuant to law, transmitting, pursuant to law, the report of tation of Liquidity and Capital Resources the report of a rule entitled ‘‘Magnuson-Ste- a rule entitled ‘‘Airworthiness Directives; Disclosures in Management’s Discussion and vens Act Provisions; Fisheries Off West Thielert Aircraft Engines GmbH (TAE) Mod- Analysis’’ received in the Office of the Presi- Coast States; Pacific Coast Groundfish Fish- els TAE 125–01 and TAE 125–02–99 Recipro- dent of the Senate on September 21, 2010; to ery; Inseason Adjustments to Fishery Man- cating Engines Installed In, But Not Limited the Committee on Banking, Housing, and agement Measures’’ (RIN0648–BA05) received To, Diamond Aircraft Industries Model DA 42 Urban Affairs. in the Office of the President of the Senate Airplanes; Correction’’ ((RIN2120–AA64) EC–7513. A communication from the Chief on September 21, 2010; to the Committee on (Docket No. FAA–2009–0201)) received in the of the Publications and Regulations Branch, Commerce, Science, and Transportation. Office of the President of the Senate on Sep- Internal Revenue Service, Department of the EC–7521. A communication from the Acting tember 21, 2010; to the Committee on Com- Treasury, transmitting, pursuant to law, the Director of Sustainable Fisheries, National merce, Science, and Transportation. report of a rule entitled ‘‘Over the Counter Marine Fisheries Service, Department of EC–7529. A communication from the Senior Drugs’’ (Notice No. 2010–59) received in the Commerce, transmitting, pursuant to law, Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on Sep- the report of a rule entitled ‘‘Fisheries in the tration, Department of Transportation, tember 20, 2010; to the Committee on Fi- Western Pacific; Community Development transmitting, pursuant to law, the report of nance. Program Process’’ (RIN0648–AX76) received a rule entitled ‘‘Airworthiness Directives; EC–7514. A communication from the Chief in the Office of the President of the Senate Agusta S.p.A. (Agusta) Model A119 and of the Publications and Regulations Branch, on September 16, 2010; to the Committee on AW119 MKII Helicopters’’ ((RIN2120–AA64) Internal Revenue Service, Department of the Commerce, Science, and Transportation. (Docket No. FAA–2010–0824)) received in the Treasury, transmitting, pursuant to law, the EC–7522. A communication from the Sec- Office of the President of the Senate on Sep- report of a rule entitled ‘‘Special Funding retary of Transportation, transmitting, pur- tember 21, 2010; to the Committee on Com- Rules for Multiemployer Plans under PRA suant to law, a report relative to obligations merce, Science, and Transportation. 2010’’ (Notice No. 2010–56) received in the Of- and unobligated balances of funds provided EC–7530. A communication from the Senior fice of the President of the Senate on Sep- for Federal-aid highway and safety construc- Program Analyst, Federal Aviation Adminis- tember 21, 2010; to the Committee on Fi- tion programs during fiscal year 2009; to the tration, Department of Transportation, nance. Committee on Commerce, Science, and transmitting, pursuant to law, the report of EC–7515. A communication from the Dep- Transportation. a rule entitled ‘‘Airworthiness Directives; uty Assistant Administrator for Regulatory EC–7523. A communication from the Senior Bombardier-Rotax GmbH 912 F Series and 912 Programs, National Marine Fisheries Serv- Program Analyst, Federal Aviation Adminis- S Series Reciprocating Engines’’ ((RIN2120– ice, Department of Commerce, transmitting, tration, Department of Transportation, AA64) (Docket No. FAA–2010–0449)) received pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of in the Office of the President of the Senate ‘‘Fisheries in the Western Pacific; a rule entitled ‘‘Final Airworthiness Design on September 21, 2010; to the Committee on Bottomfish and Seamount Groundfish Fish- Standards for Acceptance Under the Primary Commerce, Science, and Transportation. eries; 2010–11 Main Hawaiian Islands Category Rule; Orlando Helicopter Airways EC–7531. A communication from the Senior Bottomfish Total Allowable Catch (RIN0648– (OHA), Inc. Models Cessna 172I, 172K, 172L, Program Analyst, Federal Aviation Adminis- XX15) received in the Office of the President and 172M’’ ((RIN2120–ZZ50) (14 CFR Part 21)) tration, Department of Transportation, of the Senate on September 21, 2010; to the received in the Office of the President of the transmitting, pursuant to law, the report of Committee on Commerce, Science, and Senate on September 21, 2010; to the Com- a rule entitled ‘‘Airworthiness Directives; Transportation. mittee on Commerce, Science, and Transpor- BAE SYSTEMS (OPERATIONS) LIMITED EC–7516. A communication from the Acting tation. Model BAe 146 and Avro 146–RJ Airplanes’’ Director of Sustainable Fisheries, National EC–7524. A communication from the Senior ((RIN2120–AA64) (Docket No. FAA–2010–0477)) Marine Fisheries Service, Department of Program Analyst, Federal Aviation Adminis- received in the Office of the President of the Commerce, transmitting, pursuant to law, tration, Department of Transportation, Senate on September 21, 2010; to the Com- the report of a rule entitled ‘‘Fisheries of the transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- Exclusive Economic Zone Off Alaska; Re- a rule entitled ‘‘Airworthiness Directives; tation. allocation of Pacific Cod in the Bering Sea Eurocopter France Model SA330J Heli- EC–7532. A communication from the Senior and Aleutian Islands Management Area’’ copters’’ ((RIN2120–AA64) (Docket No. FAA– Program Analyst, Federal Aviation Adminis- (RIN0648–XY44) received in the Office of the 2010–0825)) received in the Office of the Presi- tration, Department of Transportation, President of the Senate on September 21, dent of the Senate on September 21, 2010; to transmitting, pursuant to law, the report of 2010; to the Committee on Commerce, the Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives; Science, and Transportation. Transportation. Bombardier, Inc. Model CL–600–2C10 (Re- EC–7517. A communication from the Acting EC–7525. A communication from the Senior gional Jet Series 700, 701, and 702); Model CL– Director of Sustainable Fisheries, National Program Analyst, Federal Aviation Adminis- 600–2D15 (Regional Jet Series 705); and Model Marine Fisheries Service, Department of tration, Department of Transportation, CCL–600–2D24 (Regional Jet Series 900) Air- Commerce, transmitting, pursuant to law, transmitting, pursuant to law, the report of planes’’ ((RIN2120–AA64) (Docket No. FAA– the report of a rule entitled ‘‘Fisheries of the a rule entitled ‘‘Airworthiness Directives; 2010–0851)) received in the Office of the Presi- Exclusive Economic Zone Off Alaska; Pacific GA 8 Airvan (Pty) Ltd Models GA8 and GA8– dent of the Senate on September 21, 2010; to Ocean Perch in the West Yakutat District of TC320 Airplanes’’ ((RIN2120–AA64) (Docket the Committee on Commerce, Science, and the Gulf of Alaska’’ (RIN0648–XY66) received No. FAA–2010–0463)) received in the Office of Transportation. in the Office of the President of the Senate the President of the Senate on September 21, EC–7533. A communication from the Senior on September 21, 2010; to the Committee on 2010; to the Committee on Commerce, Program Analyst, Federal Aviation Adminis- Commerce, Science, and Transportation. Science, and Transportation. tration, Department of Transportation, EC–7518. A communication from the Acting EC–7526. A communication from the Senior transmitting, pursuant to law, the report of Director of Sustainable Fisheries, National Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Amendment of Restricted Marine Fisheries Service, Department of tration, Department of Transportation, Area R–5113; Socorro, NM’’ ((RIN2120–AA66) Commerce, transmitting, pursuant to law, transmitting, pursuant to law, the report of (Docket No. FAA–2010–0693)) received in the

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7420 CONGRESSIONAL RECORD — SENATE September 23, 2010 Office of the President of the Senate on Sep- EXECUTIVE REPORTS OF INTRODUCTION OF BILLS AND tember 21, 2010; to the Committee on Com- COMMITTEES JOINT RESOLUTIONS merce, Science, and Transportation. EC–7534. A communication from the Senior The following executive reports of The following bills and joint resolu- Program Analyst, Federal Aviation Adminis- nominations were submitted: tions were introduced, read the first tration, Department of Transportation, By Mr. HARKIN for the Committee on and second times by unanimous con- transmitting, pursuant to law, the report of Health, Education, Labor, and Pensions. sent, and referred as indicated: a rule entitled ‘‘Standard Instrument Ap- *Mary Minow, of California, to be a Mem- By Mr. GRAHAM (for himself, Mr. proach Procedures (104); Amdt. No. 3390’’ ber of the National Museum and Library COBURN, Mr. CHAMBLISS, Mr. MCCAIN, (RIN2120–AA65) received in the Office of the Services Board for a term expiring December and Mr. CORNYN): President of the Senate on September 21, 6, 2014. S. 3829. A bill to repeal the CLASS Act; to 2010; to the Committee on Commerce, *Subra Suresh, of Massachusetts, to be Di- the Committee on Health, Education, Labor, Science, and Transportation. rector of the National Science Foundation and Pensions. EC–7535. A communication from the Senior for a term of six years. By Mrs. GILLIBRAND: Program Analyst, Federal Aviation Adminis- *Pamela Young-Holmes, of Wisconsin, to S. 3830. A bill to establish the Under- tration, Department of Transportation, be a Member of the National Council on Dis- graduate Scholarships for Science, Tech- transmitting, pursuant to law, the report of ability for a term expiring September 17, nology, Engineering, and Mathematics Pro- a rule entitled ‘‘Airspace Designations; In- 2013. gram, and for other purposes; to the Com- corporation by Reference’’ (RIN2120–AA66) *Harry James Franklyn Korrell III, of mittee on Health, Education, Labor, and received in the Office of the President of the Washington, to be a Member of the Board of Pensions. Senate on September 15, 2010; to the Com- Directors of the Legal Services Corporation By Mr. CARPER: mittee on Commerce, Science, and Transpor- for a term expiring July 13, 2011. S. 3831. A bill to amend the provisions of tation. *Joseph Pius Pietrzyk, of Ohio, to be a title 5, United States Code, relating to the EC–7536. A communication from the Sec- Member of the Board of Directors of the methodology for calculating the amount of retary of the Commission, Bureau of Con- Legal Services Corporation for a term expir- any Postal surplus or supplemental liability sumer Protection, Federal Trade Commis- ing July 13, 2011. under the Civil Service Retirement System, sion, transmitting, pursuant to law, the re- *Julie A. Reiskin, of Colorado, to be a and for other purposes; to the Committee on port of a rule entitled ‘‘Telemarketing Sales Member of the Board of Directors of the Homeland Security and Governmental Af- Rule’’ (RIN3084–AB19) received in the Office Legal Services Corporation for a term expir- fairs. of the President of the Senate on September ing July 13, 2013. By Mr. COBURN: 21, 2010; to the Committee on Commerce, By Mr. CONRAD for the Committee on the S. 3832. A bill to ensure greater food safety Science, and Transportation. Budget. without creating new or unneeded govern- EC–7537. A communication from the Acting *Jacob J. Lew, of New York, to be Director ment bureaucracy; to the Committee on Executive Secretary, U.S. Agency for Inter- of the Office of Management and Budget. Health, Education, Labor, and Pensions. national Development (USAID), (4) four re- By Mr. LEAHY for the Committee on the By Mrs. GILLIBRAND: ports relative to vacancies in the Agency for Judiciary. S. 3833. A bill to amend the National Envi- International Development (USAID), re- Kathleen M. O’Malley, of Ohio, to be ronmental Education Act to update, stream- ceived in the Office of the President of the United States Circuit Judge for the Federal line, and modernize that Act, and for other Senate on September 16, 2010; to the Com- Circuit. purposes; to the Committee on Environment Beryl Alaine Howell, of the District of Co- mittee on Foreign Relations. and Public Works. lumbia, to be United States District Judge EC–7538. A communication from the Staff By Ms. KLOBUCHAR (for herself and for the District of Columbia. Director, United States Commission on Civil Mr. LUGAR): Rights, transmitting, pursuant to law, the William C. Killian, of Tennessee, to be S. 3834. A bill to amend the Environmental report of the appointment of members to the United States Attorney for the Eastern Dis- Research, Development, and Demonstration Arkansas Advisory Committee; to the Com- trict of Tennessee for the term of four years. Authorization Act of 1978 to require the ap- Robert E. O’Neill, of Florida, to be United mittee on the Judiciary. pointment of a member of the Science Advi- States Attorney for the Middle District of EC–7539. A communication from the Direc- sory Board based on the recommendation of Florida for the term of four years. tor of Regulation Policy and Management, the Secretary of Agriculture; to the Com- Albert Najera, of California, to be United Veterans Benefits Administration, Depart- mittee on Environment and Public Works. States Marshal for the Eastern District of ment of Veterans Affairs, transmitting, pur- By Mr. CARDIN (for himself, Ms. California for the term of four years. suant to law, the report of a rule entitled William Claud Sibert, of Missouri, to be LANDRIEU, and Mr. BAUCUS): ‘‘Loan Guaranty: Assistance to Eligible Indi- S. 3835. A bill to reinstate the increase in United States Marshal for the Eastern Dis- viduals in Acquiring Specially Adapted the surety bond guarantee limits for the trict of Missouri for the term of four years. Housing’’ (RIN2900–AM87) received in the Of- Small Business Administration; to the Com- Myron Martin Sutton, of Indiana, to be fice of the President of the Senate on Sep- mittee on Small Business and Entrepreneur- United States Marshal for the Northern Dis- tember 16, 2010; to the Committee on Vet- ship. trict of Indiana for the term of four years. erans’ Affairs. David Mark Singer, of California, to be By Mr. CARDIN (for himself, Ms. f United States Marshal for the Central Dis- LANDRIEU, and Mr. BAUCUS): S. 3836. A bill to make permanent the in- REPORTS OF COMMITTEES trict of California for the term of four years. Jeffrey Thomas Holt, of Tennessee, to be crease in the surety bond guarantee limits The following reports of committees United States Marshal for the Western Dis- for the Small Business Administration; to were submitted: trict of Tennessee for the term of four years. the Committee on Small Business and Entre- preneurship. By Mr. KERRY, from the Committee on Steven Clayton Stafford, of California, to be United States Marshal for the Southern By Mr. RISCH: Foreign Relations, with an amendment in S. 3837. A bill to prohibit the Secretary of District of California for the term of four the nature of a substitute: Education from promulgating regulations or S. 2971. A bill to authorize certain authori- years. Goodwin Liu, of California, to be United guidance regarding gainful employment for ties by the Department of State, and for purposes of titles I or IV of the Higher Edu- other purposes (Rept. No. 111—301). States Circuit Judge for the Ninth Circuit. Louis B. Butler, Jr., of Wisconsin, to be cation Act of 1965; to the Committee on By Mr. KERRY, from the Committee on Health, Education, Labor, and Pensions. Foreign Relations, with an amendment in United States District Judge for the Western District of Wisconsin. By Mrs. LINCOLN (for herself, Ms. the nature of a substitute and an amendment LANDRIEU, and Mrs. HAGAN): to the title: Edward Milton Chen, of California, to be United States District Judge for the North- S. 3838. A bill to appropriate funds for the S. 3581. A bill to implement certain defense final settlement of lawsuits against the Fed- trade treaties (Rept. No. 111—302). ern District of California. John J. McConnell, Jr., of Rhode Island, to eral Government for discrimination against By Mr. HARKIN, from the Committee on Black Farmers and to provide relief for dis- Health, Education, Labor, and Pensions, be United States District Judge for the Dis- trict of Rhode Island. crimination in a credit program of the De- with an amendment in the nature of a sub- partment of Agriculture under the Equal stitute: *Nomination was reported with rec- Credit Opportunity Act; to the Committee S. 3751. A bill to amend the Stem Cell ommendation that it be confirmed sub- on Finance. Therapeutic and Research Act of 2005. ject to the nominee’s commitment to f By Mr. LEAHY, from the Committee on respond to requests to appear and tes- the Judiciary, with an amendment in the na- tify before any duly constituted com- SUBMISSION OF CONCURRENT AND ture of a substitute: SENATE RESOLUTIONS S. 3767. A bill to establish appropriate mittee of the Senate. criminal penalties for certain knowing viola- (Nominations without an asterisk The following concurrent resolutions tions relating to food that is misbranded or were reported with the recommenda- and Senate resolutions were read, and adulterated. tion that they be confirmed.) referred (or acted upon), as indicated:

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7421 By Mr. CARPER (for himself, Mr. tion of 5 United States Army Five-Star S. 3320 MCCAIN, Ms. COLLINS, and Mr. DODD): Generals, George Marshall, Douglas At the request of Mr. WHITEHOUSE, S. Res. 639. A resolution supporting the MacArthur, Dwight Eisenhower, Henry the name of the Senator from Arkansas goals and ideals of Fire Prevention Week, ‘‘Hap’’ Arnold, and Omar Bradley, (Mrs. LINCOLN) was added as a cospon- which begins on October 3, 2010, and the work sor of S. 3320, a bill to amend the Pub- of firefighters in educating and protecting alumni of the United States Army the communities of the United States; to the Command and General Staff College, lic Health Service Act to provide for a Committee on Homeland Security and Gov- Fort Leavenworth, Kansas, to coincide Pancreatic Cancer Initiative, and for ernmental Affairs. with the celebration of the 132nd Anni- other purposes. By Mr. KERRY (for himself and Mr. versary of the founding of the United S. 3398 WEBB): States Army Command and General At the request of Mr. BAUCUS, the S. Res. 640. A resolution expressing the Staff College. name of the Senator from New York sense of the Senate regarding United States (Mr. SCHUMER) was added as a cospon- engagement with ASEAN and its member— S. 1349 states; considered and agreed to. At the request of Ms. SNOWE, the sor of S. 3398, a bill to amend the Inter- By Ms. LANDRIEU (for herself, Mr. name of the Senator from Florida (Mr. nal Revenue Code of 1986 to extend the VITTER, Mr. CORNYN, and Mrs. NELSON) was withdrawn as a cosponsor work opportunity credit to certain re- HUTCHISON): of S. 1349, a bill to amend the Internal cently discharged veterans. S. Res. 641. A resolution observing the 5th Revenue Code of 1986 to simplify the S. 3402 anniversary of the date on which Hurricane deduction for use of a portion of a resi- At the request of Mr. LEMIEUX, the Rita devastated the coasts of Louisiana and name of the Senator from Rhode Island Texas; considered and agreed to. dence as a home office by providing an By Mr. INOUYE (for himself and Ms. optional standard home office deduc- (Mr. WHITEHOUSE) was added as a co- COLLINS): tion. sponsor of S. 3402, a bill to encourage S. Res. 642. A resolution congratulating the At the request of Ms. SNOWE, the residential use of renewable energy National Institute of Nursing Research on name of the Senator from Delaware systems by minimizing upfront costs the occasion of its 25th anniversary; consid- (Mr. CARPER) was added as a cosponsor and providing immediate utility cost ered and agreed to. of S. 1349, supra. savings to consumers through leasing By Mr. INOUYE (for himself and Mr. of such systems to homeowners, and S. 1352 ALEXANDER): for other purposes. S. Res. 643. A resolution designating the At the request of Mr. DODD, the name week beginning October 3, 2010, as ‘‘National of the Senator from Minnesota (Ms. S. 3442 At the request of Mr. DORGAN, the Nurse—Managed Health Clinic Week’’; con- KLOBUCHAR) was added as a cosponsor sidered and agreed to. of S. 1352, a bill to provide for the ex- names of the Senator from Florida (Mr. f pansion of Federal efforts concerning LEMIEUX) and the Senator from Maine (Ms. COLLINS) were added as cosponsors ADDITIONAL COSPONSORS the prevention, education, treatment, and research activities related to Lyme of S. 3442, a bill to promote the deploy- S. 424 and other tick-borne diseases, includ- ment of plug-in electric drive vehicles, At the request of Mr. LEAHY, the ing the establishment of a Tick-Borne and for other purposes. name of the Senator from Colorado Diseases Advisory Committee. S. 3447 (Mr. UDALL) was added as a cosponsor At the request of Mr. AKAKA, the S. 1695 of S. 424, a bill to amend the Immigra- names of the Senator from Illinois (Mr. At the request of Mr. BURRIS, the tion and Nationality Act to eliminate BURRIS), the Senator from Oregon (Mr. names of the Senator from Alaska (Mr. discrimination in the immigration WYDEN) and the Senator from Montana BEGICH), the Senator from Louisiana laws by permitting permanent partners (Mr. BAUCUS) were added as cosponsors (Ms. LANDRIEU), the Senator from of United States citizens and lawful of S. 3447, a bill to amend title 38, Michigan (Mr. LEVIN) and the Senator permanent residents to obtain lawful United States Code, to improve edu- from New Jersey (Mr. MENENDEZ) were permanent resident status in the same cational assistance for veterans who added as cosponsors of S. 1695, a bill to manner as spouses of citizens and law- served in the Armed Forces after Sep- authorize the award of a Congressional ful permanent residents and to penalize tember 11, 2001, and for other purposes. gold medal to the Montford Point Ma- immigration fraud in connection with S. 3466 rines of World War II. permanent partnerships. At the request of Mr. LEAHY, the S. 3036 S. 455 name of the Senator from New York At the request of Mr. BAYH, the name At the request of Mr. ROBERTS, the (Mrs. GILLIBRAND) was added as a co- of the Senator from California (Mrs. names of the Senator from South Caro- sponsor of S. 3466, a bill to require res- BOXER) was added as a cosponsor of S. lina (Mr. DEMINT), the Senator from titution for victims of criminal viola- 3036, a bill to establish the Office of the Nebraska (Mr. JOHANNS), the Senator tions of the Federal Water Pollution National Alzheimer’s Project. from South Dakota (Mr. THUNE), the Control Act, and for other purposes. Senator from Wyoming (Mr. S. 3184 S. 3524 BARRASSO), the Senator from Indiana At the request of Mrs. BOXER, the At the request of Mrs. HUTCHISON, the (Mr. LUGAR), the Senator from South names of the Senator from New York name of the Senator from Texas (Mr. Carolina (Mr. GRAHAM), the Senator (Mr. SCHUMER) and the Senator from CORNYN) was added as a cosponsor of S. from Montana (Mr. BAUCUS), the Sen- Mississippi (Mr. COCHRAN) were added 3524, a bill to authorize the Secretary ator from Colorado (Mr. BENNET), the as cosponsors of S. 3184, a bill to pro- of the Interior to enter into a coopera- Senator from Delaware (Mr. CARPER), vide United States assistance for the tive agreement for a park headquarters the Senator from North Dakota (Mr. purpose of eradicating severe forms of at San Antonio Missions National His- DORGAN), the Senator from Minnesota trafficking in children in eligible coun- torical Park, to expand the boundary (Mr. FRANKEN), the Senator from New tries through the implementation of of the Park, to conduct a study of po- York (Mrs. GILLIBRAND), the Senator Child Protection Compacts, and for tential land acquisitions, and for other from Connecticut (Mr. DODD), the Sen- other purposes. purposes. ator from Alabama (Mr. SHELBY), the S. 3234 S. 3664 Senator from North Dakota (Mr. At the request of Mrs. MURRAY, the At the request of Mrs. FEINSTEIN, the CONRAD), the Senator from North Caro- names of the Senator from Massachu- name of the Senator from Florida (Mr. lina (Mr. BURR), the Senator from Mas- setts (Mr. KERRY) and the Senator from NELSON) was added as a cosponsor of S. sachusetts (Mr. KERRY), the Senator Connecticut (Mr. DODD) were added as 3664, a bill to amend the Internal Rev- from West Virginia (Mr. ROCKEFELLER), cosponsors of S. 3234, a bill to improve enue Code of 1986 to exempt certain the Senator from California (Mrs. FEIN- employment, training, and placement farmland from the estate tax, and for STEIN) and the Senator from Utah (Mr. services furnished to veterans, espe- other purposes. HATCH) were added as cosponsors of S. cially those serving in Operation Iraqi S. 3673 455, a bill to require the Secretary of Freedom and Operation Enduring Free- At the request of Mrs. HUTCHISON, the the Treasury to mint coins in recogni- dom, and for other purposes. name of the Senator from Kansas (Mr.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7422 CONGRESSIONAL RECORD — SENATE September 23, 2010 ROBERTS) was added as a cosponsor of should make a commitment to pro- The ‘‘gainful employment’’ rules S. 3673, a bill to amend the Patient viding adequate funding for the devel- could deny hundreds of thousands of Protection and Affordable Care Act to opment of housing as a response to the students access to the training and repeal certain limitations on tax acquired immunodeficiency syndrome skills development they need to secure health care benefits. pandemic. a job in today’s troubled economy. S. 3703 S. CON. RES. 71 There is high demand in some sectors At the request of Mrs. MURRAY, the At the request of Mr. FEINGOLD, the for highly skilled workers and pro- name of the Senator from Ohio (Mr. name of the Senator from California priety schools are uniquely qualified to BROWN) was added as a cosponsor of S. (Mrs. FEINSTEIN) was added as a co- meet the training needs of these em- 3703, a bill to expand the research, pre- sponsor of S. Con. Res. 71, a concurrent ployers. It is simply irresponsible for vention, and awareness activities of resolution recognizing the United the government to throw roadblocks in the Centers for Disease Control and States national interest in helping to front of students and institutions at a time when job creation in America Prevention and the National Institutes prevent and mitigate acts of genocide should be the administration’s number of Health with respect to pulmonary fi- and other mass atrocities against civil- one priority. brosis, and for other purposes. ians, and supporting and encouraging Further, the ‘‘gainful employment’’ S. 3751 efforts to develop a whole of govern- rules will disproportionately harm low- At the request of Mr. HATCH, the ment approach to prevent and mitigate income and minority students. These name of the Senator from Oklahoma such acts. students often depend more heavily on (Mr. COBURN) was added as a cosponsor S. RES. 583 education loans regardless of the type of S. 3751, a bill to amend the Stem Cell At the request of Mr. ENSIGN, the of institution they attend and take Therapeutic and Research Act of 2005. name of the Senator from Michigan longer to repay. S. 3767 (Ms. STABENOW) was added as a cospon- The rules would also significantly At the request of Mr. LEAHY, the sor of S. Res. 583, a resolution express- impact health care programs. Nearly name of the Senator from Wisconsin ing support for designation of 2011 as half of all healthcare workers are (Mr. KOHL) was added as a cosponsor of ‘‘World Veterinary Year’’ to bring at- trained at proprietary schools. With an S. 3767, a bill to establish appropriate tention to and show appreciation for aging baby boom population, demand criminal penalties for certain knowing the veterinary profession on its 250th for trained health care providers is al- violations relating to food that is mis- anniversary. ready critical and will only get worse. branded or adulterated. S. RES. 611 President Obama’s healthcare law adds to this burden as well. We ought to be S. 3772 At the request of Mr. CARDIN, the name of the Senator from Indiana (Mr. expanding educational capacity for At the request of Mr. REID, the name health care workers, not enacting regu- of the Senator from Delaware (Mr. LUGAR) was added as a cosponsor of S. Res. 611, a resolution congratulating lations that threaten access. KAUFMAN) was added as a cosponsor of In short, this legislation will pre- the Cumberland Valley Athletic Club S. 3772, a bill to amend the Fair Labor serve educational and economic oppor- on the 48th anniversary of the running Standards Act of 1938 to provide more tunities for all Americans. I urge all of of the JFK 50-Mile Ultra-Marathon. effective remedies to victims of dis- my colleagues to support this bill. crimination in the payment of wages S. RES. 631 Mr. President, I ask unanimous con- on the basis of sex, and for other pur- At the request of Mrs. LINCOLN, the sent that the text of the bill be printed poses. name of the Senator from Hawaii (Mr. in the RECORD. S. 3786 AKAKA) was added as a cosponsor of S. There being no objection, the text of At the request of Mr. KERRY, the Res. 631, a resolution designating the the bill was ordered to be printed in name of the Senator from Illinois (Mr. week beginning on November 8, 2010, as the RECORD, as follows: BURRIS) was added as a cosponsor of S. National School Psychology Week. S. 3837 3786, a bill to amend the Internal Rev- f Be it enacted by the Senate and House of Rep- enue Code of 1986 to permit the Sec- resentatives of the United States of America in STATEMENTS ON INTRODUCED Congress assembled, retary of the Treasury to issue prospec- BILLS AND JOINT RESOLUTIONS tive guidance clarifying the employ- SECTION 1. SHORT TITLE. By Mr. RISCH: This Act may be cited as the ‘‘Education ment status of individuals for purposes for All Act’’. of employment taxes and to prevent S. 3837. A bill to prohibit the Sec- retary of Education from promulgating SEC. 2. NO REGULATORY AUTHORITY. retroactive assessments with respect to Notwithstanding any other provision of such clarifications. regulations or guidance regarding gain- law, the Secretary of Education may not use ful employment for purposes of titles I S. 3804 any Federal funds for the promulgation of or IV of the Higher Education Act of regulations or guidance regarding the mean- At the request of Mr. LEAHY, the 1965; to the Committee on Health, Edu- ing of the term ‘‘gainful employment’’ in name of the Senator from Iowa (Mr. cation, Labor, and Pensions. section 101, 102, or 481 of the Higher Edu- GRASSLEY) was added as a cosponsor of Mr. RISCH. Mr. President, I rise cation Act of 1965 (20 U.S.C. 1001, 1002, 1088). S. 3804, a bill to combat online in- today to introduce the Education for f fringement, and for other purposes. All Act in order to preserve edu- SUBMITTED RESOLUTIONS S. 3816 cational and economic opportunities At the request of Mr. DURBIN, the for all Americans. name of the Senator from Rhode Island The U.S. Department of Education is SENATE RESOLUTION 639—SUP- (Mr. WHITEHOUSE) was added as a co- proposing new ‘‘gainful employment’’ PORTING THE GOALS AND sponsor of S. 3816, a bill to amend the rules that would deny federal financial IDEALS OF FIRE PREVENTION Internal Revenue Code of 1986 to create aid to students who attend proprietary WEEK, WHICH BEGINS ON OCTO- American jobs and to prevent the colleges and vocational certificate pro- BER 3, 2010, AND THE WORK OF offshoring of such jobs overseas. grams. These rules would disqualify FIREFIGHTERS IN EDUCATING S. CON. RES. 39 students from receiving federal edu- AND PROTECTING THE COMMU- At the request of Mr. MENENDEZ, the cation loans if their chosen programs NITIES OF THE UNITED STATES name of the Senator from Oregon (Mr. do not meet a complex formula com- Mr. CARPER (for himself, Mr. WYDEN) was added as a cosponsor of S. paring student debt to future earning MCCAIN, Ms. COLLINS, and Mr. DODD) Con. Res. 39, a concurrent resolution potential. Why should students be dis- submitted the following resolution; expressing the sense of the Congress couraged from attending a school they which was referred to the Committee that stable and affordable housing is an want or a profession they chose be- on Homeland Security and Govern- essential component of an effective cause of Washington bureaucrats? mental Affairs: strategy for the prevention, treatment, The bill I am introducing today S. RES. 639 and care of human immunodeficiency would prohibit these regulations from Whereas Fire Prevention Week is a time virus, and that the United States going into effect. for the public to learn lifesaving fire safety

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7423 information, practice emergency escape proximately $1,500,000,000,000 in 2008, con- SENATE RESOLUTION 641—OBSERV- plans, and check and replace smoke alarm stitutes the fourth largest market for United ING THE 5TH ANNIVERSARY OF batteries; States exports, and two-way United States- THE DATE ON WHICH HURRI- Whereas smoke alarms cut the risk of ASEAN trade in goods and services totaled CANE RITA DEVASTATED THE dying in a reported fire in half; over $200,000,000,000 in 2008; Whereas, each year, nearly 3,000 people die Whereas Southeast Asia is the largest des- COASTS OF LOUISIANA AND in home fires in the United States; tination for United States foreign direct in- TEXAS Whereas, in 2009, 82 firefighters lost their vestment in Asia; Ms. LANDRIEU (for herself, Mr. lives in the line of duty; Whereas almost 40,000 students from VITTER, Mr. CORNYN, and Mrs. Whereas more than 50 firefighters have al- ASEAN countries studied in the United HUTCHISON) submitted the following ready lost their lives in 2010; States in 2008, and an increasing number of resolution; which was considered and Whereas 1 home structure fire is reported United States citizens are studying abroad in every 82 seconds and 1 civilian fire death oc- these countries; agreed to: curs every 2 hours and 38 minutes; Whereas the United States Government S. RES. 641 Whereas firefighters in the United States recognizes the centrality of ASEAN to re- Whereas on September 24, 2005, Hurricane courageously respond to calls and risk their gional cooperation and problem-solving in Rita made landfall as a Category 3 hurricane lives to protect families and communities the Asia Pacific; just east of the Texas-Louisiana border, be- from fire, natural disasters, and acts of ter- Whereas the United States was the first tween Sabine Pass and Johnson’s Bayou, rorism; country to appoint an Ambassador to with wind speeds of 120 miles per hour, and Whereas firefighters provide emergency ASEAN; further devastated the Gulf Coast, which had medical services, special rescue response, Whereas the United States acceded to the already been hit by Hurricane Katrina; hazardous material response, wildfire sup- Treaty of Amity and Cooperation in South- Whereas Hurricane Rita caused 7 deaths, pression, and fire education; east Asia during the July 2009 ASEAN min- forced 3,000,000 residents to evacuate their Whereas Fire Prevention Week is the long- isterial meetings in Thailand; homes, caused flooding and tornadoes in the est running public health and safety observ- Whereas the United States launched a new States of Louisiana, Arkansas, Mississippi, ance on record, and, since 1922, firefighters collaboration with the Lower Mekong Coun- and Alabama, and, according to the National have been honored for their role in educating tries—Cambodia, Laos, Thailand, and Viet- Climatic Data Center, left 1,000,000 people and protecting the public during Fire Pre- nam—in the areas of the environment, without electricity; vention Week; health, and education in July 2009 in Thai- Whereas damages from Hurricane Rita are Whereas the National Fire Protection As- land; estimated at $11,300,000,000; sociation has designated the week beginning Whereas President Barack Obama stated at Whereas in 2005, Hurricane Rita was the on October 3, 2010 as ‘‘Fire Prevention the first meeting of the leaders of ASEAN second hurricane to reach Category 5 status Week’’; and and the United States held in Singapore in in the Gulf of Mexico, which, according to Whereas the people of the United States November 2009, ‘‘The United States is com- the National Climatic Data Center, is only can do their part to protect themselves, mitted to strengthening its engagement in the third time that more than one Category their families, and firefighters by checking Southeast Asia both with our individual al- 5 storm has formed in the Atlantic in the their smoke alarms regularly: Now, there- lies and partners, and with ASEAN as an in- same year; fore, be it stitution.’’; Whereas the storm surge from Hurricane Resolved, That the Senate supports— Whereas Secretary of State Hillary Clinton Rita was as high as 15 feet near the landfall (1) the goals and the ideals of Fire Preven- said at the July 2010 ASEAN ministerial site and, according to the United States Geo- tion Week, which begins on October 3, 2010, meetings in Vietnam that the United States logical Survey, traveled as far as 50 miles in- as designated by the National Fire Protec- was ‘‘committed to assisting the nations of land, causing disastrous flooding and mas- tion Association; and Southeast Asia to remain strong and inde- sive loss of property; (2) the work of firefighters in educating pendent, and [to helping ensure] that each Whereas tens of thousands of homes and nation enjoys peace, stability, prosperity, and protecting the communities of the businesses in the States of Louisiana and and access to universal human rights’’; United States. Texas were destroyed by the flooding; and Whereas Secretary of State Clinton and Whereas the National Wetlands Center of f Secretary of Defense Robert Gates have stat- the United States Geological Survey indi- ed the intention of the United States to in- SENATE RESOLUTION 640—EX- cates that 217 square miles of the coastal crease participation in regional institutions, PRESSING THE SENSE OF THE land of the State of Louisiana were trans- including the East Asia Summit and the SENATE REGARDING UNITED formed to water after Hurricanes Katrina ASEAN Defense Ministers Meeting Plus STATES ENGAGEMENT WITH and Rita: Now, therefore, be it Eight, both to be held in October 2010 in Resolved, That the Senate— ASEAN AND ITS MEMBER- Vietnam; and STATES (1) observes the 5th anniversary of the date Whereas the second meeting of ASEAN and on which Hurricane Rita devastated the Mr. KERRY (for himself and Mr. United States Government leaders, and the coasts of the States of Louisiana and Texas; WEBB) submitted the following resolu- first to be hosted by the United States, will (2) expresses the support of the Senate to tion; which was considered and agreed take place in New York City, New York on the survivors of Hurricane Rita and the con- September 24, 2010: Now, therefore, be it dolences of the Senate to the families of the to: Resolved, That it is the sense of the Sen- victims of Hurricane Rita; S. RES. 640 ate— (3) commends the courageous efforts of Whereas the Association of Southeast (1) to welcome the leaders of ASEAN to the those who assisted in the response to the Asian Nations (ASEAN) was founded in 1967 United States for the second ASEAN-United storm and the recovery process; ‘‘to strengthen further the existing bonds of States summit meeting; (4) recognizes the contributions the af- regional solidarity and cooperation’’; (2) that the decision to host the second fected communities in the States of Lou- Whereas ASEAN membership has now ex- ASEAN-United States summit in New York isiana and Texas have made to the United panded to include 10 countries, which to- City reflects the importance of ASEAN and States; and gether span over half the size of the conti- its member-states to the United States, and (5) reaffirms the commitment of the Sen- nental United States, with a total popu- the importance of the United States to ate to rebuild, renew, and restore the Gulf lation of nearly 600,000,000 persons; ASEAN and its member-states; Coast region. Whereas ASEAN is an important contrib- (3) that the United States Government utor to stability and prosperity in the Asia- should continue to seek ways to broaden and f Pacific region; deepen its economic, political-security, so- SENATE RESOLUTION 642—CON- Whereas ASEAN partners with the United cial, and cultural engagement with the coun- GRATULATING THE NATIONAL States Government and others in the inter- tries in Southeast Asia toward a closer part- national community to address nership with ASEAN and its member-states, INSTITUTE OF NURSING RE- transnational problems like terrorism, envi- as well as other regional institutions in the SEARCH ON THE OCCASION OF ronmental degradation, the international fi- Asia-Pacific region; ITS 25TH ANNIVERSARY nancial crisis, and maritime security; (4) that the United States Government is Mr. INOUYE (for himself and Ms. Whereas the ASEAN Charter, approved by committed to working with all ASEAN mem- COLLINS) submitted the following reso- Southeast Asia’s leaders in November 2007, ber-states to encourage the development of lution; which was considered and codified norms for the behavior of ASEAN open and free democratic institutions in member-states toward their own citizens, Burma that allow for the full participation agreed to: covering such subjects as individual rights, of political opposition and ethnic minority S. RES. 642 democracy, the rule of law, and good govern- groups; and Whereas, in 1983, the Institute of Medicine ance; (5) that a stronger, more integrated recommended that nursing research be in- Whereas the combined economy of ASEAN serves shared interests in regional cluded in biomedical and behavioral science ASEAN’s member countries, valued at ap- peace, stability, and prosperity. research;

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7424 CONGRESSIONAL RECORD — SENATE September 23, 2010 Whereas the Health Research Extension Whereas nurse-managed health clinics are to the bill H.R. 4853, to amend the In- Act of 1985 (Public Law 99–158; 99 Stat. 820) led by advanced practice nurses and staffed ternal Revenue Code of 1986 to extend established the National Center for Nursing by an interdisciplinary team of highly quali- the funding and expenditure authority Research (referred to in this preamble as the fied health care professionals; of the Airport and Airway Trust Fund, ‘‘Center’’) within the National Institutes of Whereas nurse-managed health clinics to amend title 49, United States Code, Health to disseminate information related to offer a broad scope of services that may in- basic and clinical nursing research; clude treatment for acute and chronic ill- to extend authorizations for the air- Whereas the National Center for Nursing nesses, routine physical exams, immuniza- port improvement program, and for Research excelled in carrying out the pur- tions for adults and children, disease other purposes; as follows: pose of the Center to provide research train- screenings, health education, prenatal care, Strike all after the enacting clause, and in- ing and fellowships in the areas of disease dental care, and drug and alcohol treatment; sert the following: prevention, health promotion, and nursing Whereas nurse-managed health clinics SECTION 1. SHORT TITLE. care for individuals with acute and chronic have a proven track record, as the first fed- This Act may be cited as the ‘‘Airport and illnesses and the families of those individ- erally funded nurse-managed health clinic Airway Extension Act of 2010, Part III’’. uals; was created more than 30 years prior to the SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT Whereas Congress, recognizing the con- date of approval of this resolution; AND AIRWAY TRUST FUND. tributions of the National Center for Nursing Whereas, as of the date of approval of this (a) FUEL TAXES.—Subparagraph (B) of sec- Research to improving quality care and resolution, more than 200 nurse-managed tion 4081(d)(2) of the Internal Revenue Code health, redesignated the Center as the Na- health clinics provide care across the United of 1986 is amended by striking ‘‘September tional Institute of Nursing Research (re- States and record over 2,000,000 client en- 30, 2010’’ and inserting ‘‘December 31, 2010’’. ferred to in this preamble as the ‘‘NINR’’) counters annually; (b) TICKET TAXES.— through the enactment of the National Insti- Whereas nurse-managed health clinics (1) PERSONS.—Clause (ii) of section tutes of Health Revitalization Act of 1993 serve a unique dual role as both safety net 4261(j)(1)(A) of the Internal Revenue Code of (Public Law 103–43; 107 Stat. 122); access points and health workforce develop- 1986 is amended by striking ‘‘September 30, Whereas the research focus of the NINR for ment sites, given that the majority of nurse- 2010’’ and inserting ‘‘December 31, 2010’’. the 25 years prior to the approval of this res- managed health clinics are affiliated with (2) PROPERTY.—Clause (ii) of section olution has resulted in advances in nursing schools of nursing and serve as clinical edu- 4271(d)(1)(A) of such Code is amended by science at all stages of the lifespan of an in- cation sites for health professions students; striking ‘‘September 30, 2010’’ and inserting dividual; Whereas nurse-managed health clinics ‘‘December 31, 2010’’. Whereas the mission of the NINR is to pro- strengthen the health care safety net by ex- (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on Oc- mote and improve the health of individuals, panding access to primary care and chronic tober 1, 2010. families, communities, and vulnerable popu- disease management services for vulnerable lations of the United States; and medically underserved populations in di- SEC. 3. EXTENSION OF AIRPORT AND AIRWAY Whereas the NINR views nursing science as TRUST FUND EXPENDITURE AU- verse rural, urban, and suburban commu- THORITY. the cornerstone for integrating biological nities; (a) IN GENERAL.—Paragraph (1) of section and behavioral sciences, exploring innova- Whereas research has shown that nurse- 9502(d) of the Internal Revenue Code of 1986 tions, and improving research methods; managed health clinics experience high pa- is amended— Whereas research funded by the NINR has tient retention and patient satisfaction (1) by striking ‘‘October 1, 2010’’ and insert- improved the health outcomes and enhanced rates, and nurse-managed health clinic pa- ing ‘‘January 1, 2011’’; and the quality of life of the people of the United tients experience higher rates of generic (2) by inserting ‘‘or the Airport and Airway States by managing disease and relieving medication fills and lower hospitalization Extension Act of 2010, Part III’’ before the symptoms of disease; rates when compared to similar safety net semicolon at the end of subparagraph (A). Whereas the NINR is committed to helping providers; and (b) CONFORMING AMENDMENT.—Paragraph to eliminate the health disparities facing mi- Whereas the use of nurse-managed health (2) of section 9502(e) of such Code is amended nority and disadvantaged populations across clinics offering both primary care and by striking ‘‘October 1, 2010’’ and inserting the United States; wellness services will help meet this in- ‘‘January 1, 2011’’. Whereas the NINR holds the principal re- creased demand in a cost-effective manner: (c) EFFECTIVE DATE.—The amendments sponsibility for end-of-life research con- Now, therefore, be it made by this section shall take effect on Oc- ducted at the National Institutes of Health; Resolved, That the Senate— tober 1, 2010. and (1) designates the week beginning October SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT Whereas the NINR spends a remarkable 7 3, 2010, as ‘‘National Nurse-Managed Health PROGRAM. percent of the budget of the NINR on train- Clinic Week’’; (a) AUTHORIZATION OF APPROPRIATIONS.— ing new researchers, ensuring that the num- (2) supports the ideals and goals of Na- (1) IN GENERAL.—Section 48103 of title 49, ber of nurse scientists and the faculty edu- tional Nurse-Managed Health Clinic Week; United States Code, is amended— cating the next generation of professional and (A) by striking ‘‘and’’ at the end of para- nursing students continues to grow: Now, (3) encourages the expansion of nurse-man- graph (6); therefore, be it aged health clinics so that nurse-managed (B) by striking the period at the end of Resolved, That the Senate— health clinics may continue to serve as paragraph (7) and inserting ‘‘; and’’; and (1) congratulates the National Institute of health care workforce development sites for (C) by inserting after paragraph (7) the fol- Nursing Research on the occasion of its 25th the next generation of primary care pro- lowing: anniversary; and viders. ‘‘(8) $925,000,000 for the 3-month period be- (2) commends the National Institute of ginning on October 1, 2010.’’. f Nursing Research for its ongoing support of (2) OBLIGATION OF AMOUNTS.—Subject to nursing research, which is integral to the AMENDMENTS SUBMITTED AND limitations specified in advance in appro- health of the people of the United States. PROPOSED priation Acts, sums made available pursuant f to the amendment made by paragraph (1) SA 4656. Mr. DORGAN (for Mr. ROCKE- may be obligated at any time through Sep- SENATE RESOLUTION 643—DESIG- FELLER) proposed an amendment to the bill tember 30, 2011, and shall remain available NATING THE WEEK BEGINNING H.R. 4853, to amend the Internal Revenue until expended. OCTOBER 3, 2010, AS ‘‘NATIONAL Code of 1986 to extend the funding and ex- (b) PROJECT GRANT AUTHORITY.—Section NURSE-MANAGED HEALTH CLIN- penditure authority of the Airport and Air- 47104(c) of title 49, United States Code, is IC WEEK’’ way Trust Fund, to amend title 49, United amended by striking ‘‘September 30, 2010,’’ States Code, to extend authorizations for the and inserting ‘‘December 31, 2010,’’. Mr. INOUYE (for himself and Mr. AL- airport improvement program, and for other (c) APPORTIONMENT AMOUNTS.—The Sec- EXANDER) submitted the following reso- purposes. retary shall apportion in fiscal year 2011 to lution; which was considered and SA 4657. Mr. DORGAN (for Mr. ENSIGN) pro- the sponsor of an airport that received agreed to: posed an amendment to the resolution S. scheduled or unscheduled air service from a Res. 583, expressing support for designation large certified air carrier (as defined in part S. RES. 643 of 2011 as ‘‘World Veterinary Year’’ to bring 241 of title 14 Code of Federal Regulations, or Whereas nurse-managed health clinics are attention to and show appreciation for the such other regulations as may be issued by nonprofit community-based health care sites veterinary profession on its 250th anniver- the Secretary under the authority of section that offer primary care and wellness services sary. 41709) an amount equal to the minimum ap- based on the nursing model; portionment specified in 49 U.S.C. 47114(c), if Whereas the nursing model emphasizes the f the Secretary determines that airport had protection, promotion, and optimization of TEXT OF AMENDMENTS more than 10,000 passenger boardings in the health as well as the prevention of illness preceding calendar year, based on data sub- and the alleviation of suffering along with SA 4656. Mr. DORGAN (for Mr. mitted to the Secretary under part 241 of diagnosis and treatment; ROCKEFELLER) proposed an amendment title 14, Code of Federal Regulations.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7425 SEC. 5. EXTENSION OF EXPIRING AUTHORITIES. (2) In section 202(b) (124 Stat. 2351) by in- on September 23, 2010, at 10 a.m., in (a) Section 40117(l)(7) of title 49, United serting ‘‘of such title’’ before ‘‘is amended’’. room 215 of the Dirksen Senate Office States Code, is amended by striking ‘‘Octo- (3) In section 203(c)(1) (124 Stat.2356) by in- Building, to conduct a hearing entitled ber 1, 2010.’’ and inserting ‘‘January 1, 2011.’’. serting ‘‘of such title’’ before ‘‘(as redesig- ‘‘Tax Reform: Lessons from the Tax (b) Section 41743(e)(2) of such title is nated’’. amended by striking ‘‘2010’’ and inserting (4) In section 203(c)(2) (124 Stat. 2357) by in- Reform Act of 1986.’’ ‘‘2011’’. serting ‘‘of such title’’ before ‘‘(as redesig- The PRESIDING OFFICER. Without (c) Section 44302(f)(1) of such title is nated’’. objection, it is so ordered. amended— COMMITTEE ON FOREIGN RELATIONS (1) by striking ‘‘September 30, 2010,’’ and SA 4657. Mr. DORGAN (for Mr. EN- Mr. HARKIN. Mr. President, I ask inserting ‘‘December 31, 2010,’’; and SIGN) proposed an amendment to the unanimous consent that the Com- (2) by striking ‘‘December 31, 2010,’’ and in- resolution S. Res. 583, expressing sup- mittee on Foreign Relations be author- serting ‘‘March 31, 2011,’’. port for designation of 2011 as ‘‘World (d) Section 44303(b) of such title is amended ized to meet during the session of the by striking ‘‘December 31, 2010,’’ and insert- Veterinary Year’’ to bring attention to Senate on September 23, 2010, at 9:45 ing ‘‘March 31, 2011,’’. and show appreciation for the veteri- a.m. (e) Section 47107(s)(3) of such title is nary profession on its 250th anniver- The PRESIDING OFFICER. Without amended by striking ‘‘October 1, 2010.’’ and sary; as follows: objection, it is so ordered. inserting ‘‘January 1, 2011.’’. In paragraph (3) of the resolving clause, COMMITTEE ON FOREIGN RELATIONS (f) Section 47115(j) of such title is amended strike ‘‘requests that the President issue a Mr. HARKIN. Mr. President, I ask by inserting ‘‘and for the portion of fiscal proclamation calling upon’’ and insert unanimous consent that the Com- year 2011 ending before January 1, 2011,’’ ‘‘urges’’. after ‘‘2010,’’. mittee on Foreign Relations be author- (g) Section 47141(f) of such title is amended f ized to meet during the session of the by striking ‘‘September 30, 2010.’’ and insert- Senate on September 23, 2010, at 2 p.m., ing ‘‘December 31, 2010.’’. AUTHORITY FOR COMMITTEES TO to hold an East Asian and Pacific Af- (h) Section 49108 of such title is amended MEET fairs subcommittee hearing entitled, by striking ‘‘September 30, 2010’’ and insert- COMMITTEE ON AGRICULTURE, NUTRITION, AND ‘‘Challenges to Water and Security in ing ‘‘December 31, 2010,’’. FORESTRY Southeast Asia.’’ (i) Section 161 of the Vision 100—Century of The PRESIDING OFFICER. Without Aviation Reauthorization Act (49 U.S.C. 47109 Mr. HARKIN. Mr. President, I ask note) is amended by inserting ‘‘, or in the unanimous consent that the Com- objection, it is so ordered. portion of fiscal year 2011 ending before Jan- mittee on Agriculture, Nutrition, and COMMITTEE ON HEALTH, EDUCATION, LABOR, uary 1, 2011,’’ after ‘‘fiscal year 2009 or 2010’’. Forestry be authorized to meet during AND PENSIONS (j) Section 186(d) of such Act (117 Stat. the session of the Senate on September Mr. HARKIN. Mr. President, I ask 2518) is amended by inserting ‘‘and for the 23, 2010, at 2 p.m. in room SR–328A of unanimous consent that the Com- portion of fiscal year 2011 ending before Jan- the Russell Senate Office Building. mittee on Health, Education, Labor, uary 1, 2011,’’ after ‘‘October 1, 2010,’’. The PRESIDING OFFICER. Without and Pensions be authorized to meet (k) Section 409(d) of such Act (49 U.S.C. during the session of the Senate on 41731 note) is amended by striking ‘‘Sep- objection, it is so ordered. tember 30, 2010.’’ and inserting ‘‘September COMMITTEE ON BANKING, HOUSING, AND URBAN September 23, 2010. 30, 2011.’’. AFFAIRS The PRESIDING OFFICER. Without (l) The amendments made by this section Mr. HARKIN. Mr. President, I ask objection, it is so ordered. shall take effect on October 1, 2010. unanimous consent that the Com- COMMITTEE ON THE JUDICIARY SEC. 6. FEDERAL AVIATION ADMINISTRATION OP- mittee on Banking, Housing, and Mr. HARKIN. Mr. President, I ask ERATIONS. Urban Affairs be authorized to meet unanimous consent that the Com- Section 106(k)(1) of title 49, United States mittee on Judiciary be authorized to Code, is amended— during the session of the Senate on September 23, 2010 at 10 a.m. to con- meet during the session of the Senate (1) by striking ‘‘and’’ at the end of subpara- on September 23, 2010, at 10 a.m., in graph (E); duct a hearing entitled ‘‘the Federal (2) by striking the period at the end of sub- Housing Administration—current con- SD–226 of the Dirksen Senate Office paragraph (F) and inserting ‘‘; and’’; and dition and future challenges.’’ Building, to conduct an executive busi- (3) by inserting after subparagraph (F) the The PRESIDING OFFICER. Without ness meeting. following: objection, it is so ordered. The PRESIDING OFFICER. Without ‘‘(G) $2,451,375,000 for the 3-month period objection, it is so ordered. COMMITTEE ON COMMERCE, SCIENCE, AND beginning on October 1, 2010.’’. TRANSPORTATION SELECT COMMITTEE ON VETERANS’ AFFAIRS SEC. 7. AIR NAVIGATION FACILITIES AND EQUIP- Mr. HARKIN. Mr. President, I ask MENT. Mr. HARKIN. Mr. President, I ask unanimous consent that the Com- unanimous consent that the Com- Section 48101(a) of title 49, United States mittee on Veterans’ Affairs be author- Code, is amended— mittee on Commerce, Science, and (1) by striking ‘‘and’’ at the end of para- Transportation be authorized to meet ized to meet during the session of the graph (5); during the session of the Senate on Senate on September 23, 2010. The Com- (2) by striking the period at the end of September 23, 2010 at 10:15 a.m., in mittee will meet in room G50 of the paragraph (6) and inserting ‘‘; and’’; and room 253 of the Russell Senate Office Dirksen Senate Office Building begin- (3) by adding at the end the following: Building. ning at 9:30 a.m. ‘‘(7) $746,250,000 for the 3-month period be- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ginning on October 1, 2010.’’. objection, it is so ordered. objection, it is so ordered. SEC. 8. RESEARCH, ENGINEERING, AND DEVEL- SELECT COMMITTEE ON INTELLIGENCE OPMENT. COMMITTEE ON ENERGY AND NATURAL Mr. HARKIN. Mr. President, I ask Section 48102(a) of title 49, United States RESOURCES unanimous consent that the Select Code, is amended— Mr. HARKIN. Mr. President, I ask Committee on Intelligence be author- (1) by striking ‘‘and’’ at the end of para- unanimous consent that the Com- ized to meet during the session of the graph (13); mittee on Energy and Natural Re- (2) by striking the period at the end of Senate on September 23, 2010, at 2:30 sources be authorized to meet during paragraph (14) and inserting ‘‘; and’’; and p.m. (3) by adding at the end the following: the session of the Senate to conduct a The PRESIDING OFFICER. Without ‘‘(15) $49,593,750 for the 3-month period be- hearing on September 23, at 9:30 a.m., objection, it is so ordered. ginning on October 1, 2010.’’. in room SD–366 of the Dirksen Senate f SEC. 9. TECHNICAL CORRECTIONS. Office Building. Effective as of August 1, 2010, and as if in- The PRESIDING OFFICER. Without PRIVILEGES OF THE FLOOR cluded therein as enacted, the Airline Safety objection, it is so ordered. Mr. HARKIN. Mr. President, I ask and Federal Aviation Administration Exten- COMMITTEE ON FINANCE unanimous consent that Eden Ellis, sion Act of 2010 (Public Law 111–216) is amended as follows: Mr. HARKIN. Mr. President, I ask Awatif Chafie, and Tom Van Heeke, (1) In section 202(a) (124 Stat. 2351) by in- unanimous consent that the Com- members of my staff, be granted floor serting ‘‘of title 49, United States Code,’’ be- mittee on Finance be authorized to privileges for the duration of today’s fore ‘‘is amended’’. meet during the session of the Senate session.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7426 CONGRESSIONAL RECORD — SENATE September 23, 2010 The ACTING PRESIDENT pro tem- moting the highest standards of science- transnational problems like terrorism, envi- pore. Without objection, it is so or- based, ethical animal welfare; ronmental degradation, the international fi- dered. Whereas 2011 would be an appropriate year nancial crisis, and maritime security; to designate as ‘‘World Veterinary Year’’ to Whereas the ASEAN Charter, approved by f bring attention to and show appreciation for Southeast Asia’s leaders in November 2007, WORLD VETERINARY YEAR the veterinary profession on its 250th anni- codified norms for the behavior of ASEAN versary; and member-states toward their own citizens, Mr. DORGAN. Mr. President, I ask Whereas colleagues in the United States covering such subjects as individual rights, unanimous consent that the Judiciary will join veterinarians from around the democracy, the rule of law, and good govern- Committee be discharged from further world to celebrate this momentous occasion: ance; consideration and the Senate now pro- Now, therefore, be it Whereas the combined economy of ceed to S. Res. 583. Resolved, That the Senate— ASEAN’s member countries, valued at ap- proximately $1,500,000,000,000 in 2008, con- The PRESIDING OFFICER. Without (1) supports the designation of 2011 as ‘‘World Veterinary Year’’; stitutes the fourth largest market for United objection, it is so ordered. (2) supports the goals and ideals of World States exports, and two-way United States- The clerk will report the resolution Veterinary Year of bringing attention to and ASEAN trade in goods and services totaled by title. expressing appreciation for the contributions over $200,000,000,000 in 2008; The assistant editor of the Daily Di- that the veterinary profession has made and Whereas Southeast Asia is the largest des- gest read as follows: continues to make to animal health, public tination for United States foreign direct in- health, animal welfare, and food safety; and vestment in Asia; A resolution (S. Res. 583) expressing sup- Whereas almost 40,000 students from port for designation of 2011 as ‘‘World Veteri- (3) urges the people of the United States to observe 2011 as World Veterinary Year with ASEAN countries studied in the United nary Year’’ to bring attention to and show States in 2008, and an increasing number of appreciation for the veterinary profession on appropriate programs, ceremonies, and ac- tivities. United States citizens are studying abroad in its 250th anniversary. these countries; There being no objection, the Senate f Whereas the United States Government proceeded to consider the resolution. UNITED STATES ENGAGEMENT recognizes the centrality of ASEAN to re- Mr. DORGAN. Mr. President, I ask WITH ASEAN AND ITS MEMBER- gional cooperation and problem-solving in unanimous consent that the amend- the Asia Pacific; STATES Whereas the United States was the first ment at the desk be agreed to, the res- country to appoint an Ambassador to olution, as amended, be agreed to, the ASEAN; preamble be agreed to, and the motion OBSERVING THE FIFTH ANNIVER- Whereas the United States acceded to the to reconsider be laid upon the table. SARY OF HURRICANE RITA Treaty of Amity and Cooperation in South- The PRESIDING OFFICER. Without east Asia during the July 2009 ASEAN min- objection, it is so ordered. isterial meetings in Thailand; The amendment (No. 4657) was agreed CONGRATULATING THE NATIONAL Whereas the United States launched a new collaboration with the Lower Mekong Coun- to, as follows: INSTITUTE OF NURSING RE- SEARCH tries—Cambodia, Laos, Thailand, and Viet- AMENDMENT NO. 4657 nam—in the areas of the environment, (Purpose: To amend the resolving clause) health, and education in July 2009 in Thai- In paragraph (3) of the resolving clause, land; NATIONAL NURSE-MANAGED Whereas President Barack Obama stated at strike ‘‘requests that the President issue a HEALTH CLINIC WEEK proclamation calling upon’’ and insert the first meeting of the leaders of ASEAN ‘‘urges’’. Mr. DORGAN. Mr. President, I ask and the United States held in Singapore in November 2009, ‘‘The United States is com- The resolution (S. Res. 583), as unanimous consent that the Senate mitted to strengthening its engagement in amended, was agreed to. proceed to the immediate consider- Southeast Asia both with our individual al- The preamble was agreed to. ation en bloc of the following resolu- lies and partners, and with ASEAN as an in- The resolution, as amended, with its tions which were submitted earlier stitution.’’; preamble, reads as follows: today: S. Res. 640, S. Res. 641, S. Res. Whereas Secretary of State Hillary Clinton said at the July 2010 ASEAN ministerial S. RES. 583 642, and S. Res. 643. There being no objection, the Senate meetings in Vietnam that the United States Whereas the first veterinary school in the proceeded to consider the resolutions was ‘‘committed to assisting the nations of world was founded in Lyon, France, in 1761; Southeast Asia to remain strong and inde- Whereas 2011 will mark the 250th anniver- en bloc. pendent, and [to helping ensure] that each sary of veterinary education and the found- Mr. DORGAN. I ask unanimous con- nation enjoys peace, stability, prosperity, ing of the veterinary medical profession; sent that the resolutions be agreed to, and access to universal human rights’’; Whereas 2011 will mark the beginnings of the preambles be agreed to, the mo- Whereas Secretary of State Clinton and comparative biopathology, a basic tenet of tions to reconsider be laid upon the Secretary of Defense Robert Gates have stat- the ‘‘one health’’ concept; table en bloc, with no intervening ac- ed the intention of the United States to in- Whereas veterinarians have played an inte- tion or debate, and that any state- crease participation in regional institutions, gral role in discovering the causes of numer- including the East Asia Summit and the ments be printed in the RECORD. ous diseases that affect the people of the ASEAN Defense Ministers Meeting Plus United States, such as salmonellosis, West The PRESIDING OFFICER. Without Eight, both to be held in October 2010 in Nile Virus, yellow fever, and malaria; objection, it is so ordered. Vietnam; and Whereas veterinarians provide valuable The resolutions (S. Res. 640, 641, 642, Whereas the second meeting of ASEAN and public health service through preventive and 643) were agreed to. United States Government leaders, and the medicine, control of zoonotic diseases, and The preambles were agreed to. first to be hosted by the United States, will scientific research; The resolutions, with their pre- take place in New York City, New York on Whereas veterinarians have advanced ambles, read as follows: September 24, 2010: Now, therefore, be it human and animal health by inventing and Resolved, That it is the sense of the Sen- refining techniques and instrumentations S. RES. 640 ate— such as artificial hips, bone plates, splints, Whereas the Association of Southeast (1) to welcome the leaders of ASEAN to the and arthroscopy; Asian Nations (ASEAN) was founded in 1967 United States for the second ASEAN-United Whereas veterinarians play an integral ‘‘to strengthen further the existing bonds of States summit meeting; role in protecting the quality and security of regional solidarity and cooperation’’; (2) that the decision to host the second the herd and food supply of the Nation; Whereas ASEAN membership has now ex- ASEAN-United States summit in New York Whereas military veterinarians provide panded to include 10 countries, which to- City reflects the importance of ASEAN and crucial assistance to the agricultural inde- gether span over half the size of the conti- its member-states to the United States, and pendence of developing nations around the nental United States, with a total popu- the importance of the United States to world; lation of nearly 600,000,000 persons; ASEAN and its member-states; Whereas disaster relief veterinarians pro- Whereas ASEAN is an important contrib- (3) that the United States Government vide public health service and veterinary utor to stability and prosperity in the Asia- should continue to seek ways to broaden and medical support to animals and humans dis- Pacific region; deepen its economic, political-security, so- placed and ravaged by disasters; Whereas ASEAN partners with the United cial, and cultural engagement with the coun- Whereas veterinarians are dedicated to States Government and others in the inter- tries in Southeast Asia toward a closer part- preserving the human-animal bond and pro- national community to address nership with ASEAN and its member-states,

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7427 as well as other regional institutions in the illnesses and the families of those individ- managed health clinics are affiliated with Asia-Pacific region; uals; schools of nursing and serve as clinical edu- (4) that the United States Government is Whereas Congress, recognizing the con- cation sites for health professions students; committed to working with all ASEAN mem- tributions of the National Center for Nursing Whereas nurse-managed health clinics ber-states to encourage the development of Research to improving quality care and strengthen the health care safety net by ex- open and free democratic institutions in health, redesignated the Center as the Na- panding access to primary care and chronic Burma that allow for the full participation tional Institute of Nursing Research (re- disease management services for vulnerable of political opposition and ethnic minority ferred to in this preamble as the ‘‘NINR’’) and medically underserved populations in di- groups; and through the enactment of the National Insti- verse rural, urban, and suburban commu- (5) that a stronger, more integrated tutes of Health Revitalization Act of 1993 nities; ASEAN serves shared interests in regional (Public Law 103-43; 107 Stat. 122); Whereas research has shown that nurse- peace, stability, and prosperity. Whereas the research focus of the NINR for managed health clinics experience high pa- S. RES. 641 the 25 years prior to the approval of this res- tient retention and patient satisfaction Whereas on September 24, 2005, Hurricane olution has resulted in advances in nursing rates, and nurse-managed health clinic pa- Rita made landfall as a Category 3 hurricane science at all stages of the lifespan of an in- tients experience higher rates of generic just east of the Texas-Louisiana border, be- dividual; medication fills and lower hospitalization tween Sabine Pass and Johnson’s Bayou, Whereas the mission of the NINR is to pro- rates when compared to similar safety net with wind speeds of 120 miles per hour, and mote and improve the health of individuals, providers; and further devastated the Gulf Coast, which had families, communities, and vulnerable popu- Whereas the use of nurse-managed health already been hit by Hurricane Katrina; lations of the United States; clinics offering both primary care and Whereas Hurricane Rita caused 7 deaths, Whereas the NINR views nursing science as wellness services will help meet this in- forced 3,000,000 residents to evacuate their the cornerstone for integrating biological creased demand in a cost-effective manner: homes, caused flooding and tornadoes in the and behavioral sciences, exploring innova- Now, therefore, be it States of Louisiana, Arkansas, Mississippi, tions, and improving research methods; Resolved, That the Senate— and Alabama, and, according to the National Whereas research funded by the NINR has (1) designates the week beginning October Climatic Data Center, left 1,000,000 people improved the health outcomes and enhanced 3, 2010, as ‘‘National Nurse-Managed Health without electricity; the quality of life of the people of the United Clinic Week’’; Whereas damages from Hurricane Rita are States by managing disease and relieving (2) supports the ideals and goals of Na- estimated at $11,300,000,000; symptoms of disease; tional Nurse-Managed Health Clinic Week; Whereas in 2005, Hurricane Rita was the Whereas the NINR is committed to helping and second hurricane to reach Category 5 status to eliminate the health disparities facing mi- (3) encourages the expansion of nurse-man- in the Gulf of Mexico, which, according to nority and disadvantaged populations across aged health clinics so that nurse-managed the National Climatic Data Center, is only the United States; health clinics may continue to serve as the third time that more than one Category Whereas the NINR holds the principal re- health care workforce development sites for 5 storm has formed in the Atlantic in the sponsibility for end-of-life research con- the next generation of primary care pro- same year; ducted at the National Institutes of Health; viders. Whereas the storm surge from Hurricane and Rita was as high as 15 feet near the landfall Whereas the NINR spends a remarkable 7 f site and, according to the United States Geo- percent of the budget of the NINR on train- APPOINTMENTS logical Survey, traveled as far as 50 miles in- ing new researchers, ensuring that the num- land, causing disastrous flooding and mas- ber of nurse scientists and the faculty edu- The PRESIDING OFFICER. The sive loss of property; cating the next generation of professional Chair, on behalf of the Vice President, Whereas tens of thousands of homes and nursing students continues to grow: Now, pursuant to Public Law 107–12, appoints businesses in the States of Louisiana and therefore, be it the following individuals as members Texas were destroyed by the flooding; and Resolved, That the Senate— of the Public Safety Officer Medal of (1) congratulates the National Institute of Whereas the National Wetlands Center of Valor Review Board: Charles the United States Geological Survey indi- Nursing Research on the occasion of its 25th cates that 217 square miles of the coastal anniversary; and Massarone of Kentucky and Andy land of the State of Louisiana were trans- (2) commends the National Institute of Nimmo of Missouri. formed to water after Hurricanes Katrina Nursing Research for its ongoing support of The Chair, on behalf of the Vice and Rita: Now, therefore, be it nursing research, which is integral to the President, pursuant to the Public Law Resolved, That the Senate— health of the people of the United States. 110–298, appoints the following indi- (1) observes the 5th anniversary of the date S. RES. 643 vidual to serve as a member of the Fed- on which Hurricane Rita devastated the Whereas nurse-managed health clinics are eral Law Enforcement Congressional coasts of the States of Louisiana and Texas; nonprofit community-based health care sites Badge of Bravery Board: Richard Gard- (2) expresses the support of the Senate to that offer primary care and wellness services the survivors of Hurricane Rita and the con- ner of Nevada. based on the nursing model; The Chair, on behalf of the Vice dolences of the Senate to the families of the Whereas the nursing model emphasizes the victims of Hurricane Rita; protection, promotion, and optimization of President, pursuant to the Public Law (3) commends the courageous efforts of health as well as the prevention of illness 110–298, appoints the following indi- those who assisted in the response to the and the alleviation of suffering along with vidual to serve as a member of the storm and the recovery process; diagnosis and treatment; State and Local Law Enforcement Con- (4) recognizes the contributions the af- Whereas nurse-managed health clinics are gressional Badge of Bravery Board: fected communities in the States of Lou- led by advanced practice nurses and staffed Nick DiMarco of Ohio. isiana and Texas have made to the United by an interdisciplinary team of highly quali- States; and fied health care professionals; f (5) reaffirms the commitment of the Sen- Whereas nurse-managed health clinics ORDERS FOR FRIDAY, SEPTEMBER ate to rebuild, renew, and restore the Gulf offer a broad scope of services that may in- Coast region. clude treatment for acute and chronic ill- 24, 2010 S. RES. 642 nesses, routine physical exams, immuniza- Mr. DORGAN. Mr. President, I ask Whereas, in 1983, the Institute of Medicine tions for adults and children, disease unanimous consent that when the Sen- recommended that nursing research be in- screenings, health education, prenatal care, ate completes its business today, it ad- cluded in biomedical and behavioral science dental care, and drug and alcohol treatment; journ until 9:30 a.m. on Friday, Sep- research; Whereas nurse-managed health clinics Whereas the Health Research Extension have a proven track record, as the first fed- tember 24; that following the prayer Act of 1985 (Public Law 99–158; 99 Stat. 820) erally funded nurse-managed health clinic and pledge, the Journal of proceedings established the National Center for Nursing was created more than 30 years prior to the be approved to date, the morning hour Research (referred to in this preamble as the date of approval of this resolution; be deemed expired, the time for the two ‘‘Center’’) within the National Institutes of Whereas, as of the date of approval of this leaders be reserved for their use later Health to disseminate information related to resolution, more than 200 nurse-managed in the day; that following any leader basic and clinical nursing research; health clinics provide care across the United remarks, the Senate proceed to a pe- Whereas the National Center for Nursing States and record over 2,000,000 client en- riod of morning business, with Sen- Research excelled in carrying out the pur- counters annually; pose of the Center to provide research train- Whereas nurse-managed health clinics ators permitted to speak for up to 10 ing and fellowships in the areas of disease serve a unique dual role as both safety net minutes each. prevention, health promotion, and nursing access points and health workforce develop- The PRESIDING OFFICER. Without care for individuals with acute and chronic ment sites, given that the majority of nurse- objection, it is so ordered.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7428 CONGRESSIONAL RECORD — SENATE September 23, 2010 DANIEL D. FENECH, OF TEXAS To be lieutenant commander PROGRAM TRAVIS WALTON FEUERBACHER, OF CALIFORNIA ADAM FIELDS, OF CALIFORNIA JOSEPH T. BENIN Mr. DORGAN. Mr. President, there ELIZABETH FRANKENFIELD, OF VIRGINIA will be no rollcall votes during tomor- GREGORY R. GAEDE, OF CALIFORNIA THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JASON HOWARD GALLIAN, OF MARYLAND MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- row’s session of the Senate. PATRICK CHRISTOPHER GERAGHTY, OF MASSACHU- CER IN THE UNITED STATES COAST GUARD IN THE SETTS GRADE INDICATED UNDER SECTION 211(A)(1), TITLE 14, f SEBASTIAN JOSEPH GREGG, OF FLORIDA U.S. CODE. MICHAEL GRIFFITH, OF THE DISTRICT OF COLUMBIA To be lieutenant ADJOURNMENT UNTIL 9:30 ERIK MARK HALL, OF TEXAS TOMORROW MATTHEW ZAKIN HALLOWELL, OF NEW YORK ANDREW C. KIRKPATRICK BRENDAN J. HARLEY, OF PENNSYLVANIA Mr. DORGAN. If there is no further MARY K. HARRINGTON, OF NEW HAMPSHIRE IN THE AIR FORCE NICHOLAS C. HERSH, OF PENNSYLVANIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT business to come before the Senate, I CARLTON JEROME HICKS, OF VIRGINIA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MATTHEW M. HUGHES, OF PENNSYLVANIA CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ask unanimous consent that it adjourn CHRISTOPHER HUNNICUTT, OF NORTH CAROLINA AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION under the previous order. KAREN EDYTHE HUNTRESS, OF MAINE 601: There being no objection, the Senate, ADAEZE JOYCE IGWE, OF TEXAS NOLEN PHILLIP JOHNSON, OF WISCONSIN To be lieutenant general at 6:45 p.m., adjourned until Friday, MARGARET T. KATSUMI, OF MASSACHUSETTS RICHARD P. KAUFMAN, OF VIRGINIA MAJ. GEN. DARRELL D. JONES September 24, 2010, at 9:30 a.m. DERELL KENNEDO, OF TEXAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KENDRA DENISE KIRKLAND, OF FLORIDA f ANAND KRISHNA, OF CALIFORNIA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ELIJAH PIA COCKETT LAWRENCE, OF UTAH CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE NOMINATIONS NINA S. LEWIS, OF FLORIDA AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION KUAN-WEN LIAO, OF NEW YORK 601: Executive nominations received by FRANCESCA GRACE LICHAUCO, OF CALIFORNIA To be lieutenant general CHRISTINA FAYE LIM, OF VIRGINIA the Senate: SARAH KATHLEEN LONGBRAKE, OF THE DISTRICT OF CO- MAJ. GEN. CHARLES R. DAVIS DEPARTMENT OF STATE LUMBIA JENNIFER L. MAATTA, OF WASHINGTON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM R. BROWNFIELD, OF TEXAS, A CAREER MEM- THOMAS PATRICK MAROTTA, OF NEW YORK IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- JASON REID MARTIN, OF CALIFORNIA CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE REER MINISTER, TO BE AN ASSISTANT SECRETARY OF LEAN A. MARTIN, OF LOUISIANA AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION STATE (INTERNATIONAL NARCOTICS AND LAW ENFORCE- MARGARET MCELLIGOTT, OF THE DISTRICT OF COLUM- 601: MENT AFFAIRS), VICE DAVID T. JOHNSON, RESIGNED. BIA To be lieutenant general ANSON PIERCE MCLELLAN, OF NEW YORK OVERSEAS PRIVATE INVESTMENT CORPORATION KARL MCNAMARA, OF SOUTH DAKOTA LT. GEN. LARRY D. JAMES MATTHEW MAXWELL TAYLOR KENNEDY, OF CALI- DANIEL MEJIA, OF NEW JERSEY FORNIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS ROCIO MERCADO-GARCIA, OF CALIFORNIA IN THE ARMY PATRICK JOSEPH MERRILL, OF CALIFORNIA OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FOR A TERM EXPIRING DECEMBER 17, 2012, VICE SAMUEL SHAMIS MOHAMUD, OF VIRGINIA MICHELLE J. MORALES, OF FLORIDA TO THE GRADE INDICATED IN THE UNITED STATES ARMY E. EBBESEN, TERM EXPIRED. WILLIAM MORGAN, OF NEW JERSEY UNDER TITLE 10, U.S.C., SECTION 624: DEPARTMENT OF STATE KERRIE ANN NANNI, OF TEXAS To be brigadier general ANDREW BELL PACELLI, OF ILLINOIS KURT WALTER TONG, OF MARYLAND, A CAREER MEM- GEOFFREY A. PARKER, OF VIRGINIA COL. JOSEPH A. BRENDLER BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- LINDSEY MICHELE PLUMLEY, OF VIRGINIA SELOR, FOR THE RANK OF AMBASSADOR DURING HIS KATHERINE ELIZABETH RANCK, OF VIRGINIA THE FOLLOWING ARMY NATIONAL GUARD OF THE TENURE OF SERVICE AS UNITED STATES SENIOR OFFI- D. RICHARD RASMUSSEN, OF WISCONSIN UNITED STATES OFFICERS FOR APPOINTMENT IN THE CIAL FOR THE ASIA—PACIFIC ECONOMIC COOPERATION PETER JEROME RITTER, OF MINNESOTA RESERVE OF THE ARMY TO THE GRADE INDICATED (APEC ) FORUM. BRENDAN RIVAGE-SEUL, OF KENTUCKY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: RAOUL A. RUSSELL, OF TENNESSEE GENERAL ACCOUNTABILITY OFFICE LAURA MARIE SANTINI, OF MINNESOTA To be brigadier general EUGENE LOUIS DODARO, OF VIRGINIA, TO BE COMP- HEIDI J. SCHELLENGER, OF MAINE COL. DANA M. CAPOZZELLA TROLLER GENERAL OF THE UNITED STATES FOR A TERM RICHARD EDWARD SCHILLING, JR., OF FLORIDA COL. STEPHEN L. DANNER OF FIFTEEN YEARS, VICE DAVID M. WALKER, RESIGNED. MARISSA SMITH, OF ARIZONA WILLIAM A. STARK, OF ARKANSAS THE FOLLOWING ARMY NATIONAL GUARD OF THE FOREIGN SERVICE DAVID ALLEN SWALLEY, OF CALIFORNIA UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- CHRISTOPHER E. TEJIRIAN, OF NEW YORK SERVE OF THE ARMY TO THE GRADE INDICATED UNDER THE FOLLOWING—NAMED PERSONS OF THE AGENCIES BRIDGET BLAGOEVSKI TRAZOFF, OF MAINE TITLE 10, U.S.C., SECTIONS 12203 AND 12211: INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- JAY TRELOAR, OF FLORIDA FICERS OF THE CLASSES STATED. ADAM KENT VANDERVORT, OF VIRGINIA To be major general FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF KEVIN J. VOGEL, OF GEORGIA BRIG. GEN. MARIA L. BRITT CLASS THREE, CONSULAR OFFICER AND SECRETARY IN STEPHANIE L. WOODARD, OF TEXAS THE DIPLOMATIC SERVICE OF THE UNITED STATES OF THE FOLLOWING-NAMED CAREER MEMBERS OF THE THE FOLLOWING ARMY NATIONAL GUARD OF THE AMERICA, SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- DEPARTMENT OF STATE NATIONAL DEVELOPMENT FOR PROMOTION WITHIN AND SERVE OF THE ARMY TO THE GRADE INDICATED UNDER INTO THE SENIOR FOREIGN SERVICE TO THE CLASSES TITLE 10, U.S.C., SECTIONS 12203 AND 12211: HEATHER M. ROGERS, OF OREGON INDICATED: To be major general FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, BRIG. GEN. WILLIAM L. FREEMAN, JR. CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN CLASS OF CAREER MINISTER: THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JOSEPH FARINELLA, OF NEW YORK THE FOLLOWING ARMY NATIONAL GUARD OF THE AMERICA, WILLIAM M. FREJ, OF CALIFORNIA UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- DEPARTMENT OF STATE MICHAEL J. YATES, OF VIRGINIA SERVE OF THE ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- HALA RHARRIT, OF NEVADA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, SIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CLASS OF MINISTER COUNSELOR: THE FOLLOWING—NAMED MEMBERS OF THE FOREIGN To be lieutenant general SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES CHERYL L. ANDERSON, OF VIRGINIA MAJ. GEN. FRANK J. GRASS IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF BRUCE N. BOYER, OF MARYLAND AMERICA: STEPHEN F. CALLAHAN, OF VIRGINIA IN THE MARINE CORPS JOHN GROARKE, OF THE DISTRICT OF COLUMBIA DEPARTMENT OF COMMERCE MICHAEL T. HARVEY, OF TEXAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JANINA ANNE JARUZELSKI, OF NEW JERSEY TO THE GRADE OF LIEUTENANT GENERAL IN THE YAMILEE M. BASTIEN, OF FLORIDA ROBERTA MAHONEY, OF VIRGINIA UNITED STATES MARINE CORPS WHILE ASSIGNED TO A DEPARTMENT OF STATE MICHAEL CROOKS TROTT, OF VIRGINIA POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER PAUL CHRISTIAN TUEBNER, OF VIRGINIA TITLE 10, U.S.C., SECTION 601: KATHY ELIZABETH ADAMS, OF SOUTH CAROLINA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, MAZIN TERRY ALFAQIH, OF CALIFORNIA To be lieutenant general CLASS OF COUNSELOR: ANGELA MONICA ALLEN, OF NEW JERSEY LT. GEN. JOHN M. PAXTON, JR. KURT W. ALLRED, OF TEXAS SYED A. ALI, OF FLORIDA ELIZABETH ATEGOU, OF ILLINOIS JEFFREY W. ASHLEY, OF TEXAS IN THE AIR FORCE AARON M. BANKS, OF THE DISTRICT OF COLUMBIA JERRY PAUL BISSON, OF VIRGINIA ROBERT EDWARD BARNEY, OF ARIZONA MARY ALICE KLEINJAN, OF THE DISTRICT OF COLUMBIA THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- DIANA MICHELLE BATES, OF COLORADO JAROSLAW JOSEPH KRYSCHTAL, OF VIRGINIA MENT TO THE GRADE INDICATED IN THE REGULAR AIR PATRICK THOMAS BOLAND, OF VIRGINIA PETER A. MALNAK, OF NEVADA FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): BRIAN D. BRENDEL, OF MICHIGAN RANDALL G. PETERSON, OF VIRGINIA To be major MICHAEL A. BROOKE, OF CALIFORNIA CURTIS A. REINTSMA, OF VIRGINIA CAROLINE N. BROUN, OF MISSOURI DONELLA J. RUSSELL, OF OREGON DANIEL P. GILLIGAN KATHERINE CANTRELL, OF TEXAS DANIEL M. SMOLKA, OF WEST VIRGINIA KIMBERLY D. KUMER STEWART AARON CARLTON, OF TENNESSEE CATHERINE M. TRUJILLO, OF NEW YORK NGHIA H. NGUYEN YANCY W. CARUTHERS, OF MISSOURI JAMES E. WATSON, OF VIRGINIA MICHAEL HUGH COGNATO, OF PENNSYLVANIA JOSEPH C. WILLIAMS, OF THE DISTRICT OF COLUMBIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MONICA BEVERLY COLMENARES, OF VIRGINIA IN THE COAST GUARD TO THE GRADE INDICATED IN THE UNITED STATES AIR JASON ERIC CONROY, OF IOWA FORCE UNDER TITLE 10, U.S.C., SECTION 624: NATHAN J. COOPER, OF CALIFORNIA THE FOLLOWING NAMED OFFICERS OF THE COAST To be lieutenant colonel ROBERT P. CORONADO, OF THE DISTRICT OF COLUMBIA GUARD PERMANENT COMMISSIONED TEACHING STAFF CATHERINE CROFT, OF WASHINGTON FOR APPOINTMENT IN THE GRADE INDICATED IN THE BRIAN F. ABELL M. KELLY CULLUM, OF MARYLAND UNITED STATES COAST GUARD UNDER TITLE 14, U.S.C., SEAN P. ABELL SANDRA L. DUPUY, OF MASSACHUSETTS SECTION 189: RANDALL E. ACKERMAN JEANIE MARIE DUWAN, OF KENTUCKY To be commander MICHELLE T. ADAMS JOEL DYLHOFF, OF ILLINOIS JODY A. ADDISON JOEL ANTHONY ERWIN, OF TEXAS GREGORY J. HALL STEWART R. AITKENCADE

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7429

GEOFFREY A. AKERS MICHAEL J. BRIGGS RYAN M. COYNE ARTURO ALAIZA, JR. EARL J. BRINSON DIALLO O. CREAL PATRICK M. ALBRITTON JOEL L. BRISKE MICHAEL A. CREIGHTON CHRISTOPHER M. ALEXANDER SCOTT D. BRODEUR KEVIN R. CROCCO MONA E. ALEXANDER CARLOS J. BROWN RYAN L. CROCKETTE JEFFREY T. ALLISON RICHARD KEVIN BROWN, JR. CHRISTOPHER L. CRUISE CLARK L. ALLRED TRAVIS A. BROWNLOW CHRISTOPHER A. CULLENBINE KEVIN D. ALLRED DONALD R. BRUNK TIMOTHY W. CUMMINS JUAN A. ALVAREZ BYRON T. BRUNSON JEFFREY M. CUNNINGHAM DANIEL G. AMEGIN SANORA F. BRUNSON WILLIAM M. CURLIN CYNTHIA G. ANDERSON ROBERT H. BRYANT III MACK W. CURRY II JEREMY S. ANDERSON MARK R. BRYKOWYTCH MICHAEL D. CURRY PONG K. ANDERSON JOHN L. BUCHANAN II MARTIN T. DAACK, JR. SCOTT W. ANDERSON RONALD J. BUCHSEN, JR. SARAH D. DAHL STEVEN C. ANDERSON MATTHEW J. BUDDE JEFFREY M. DAMBRA TANYA J. ANDERSON JONATHAN C. BUFFINGTON PATRICK E. DANIEL SHAWN E. ANGER DAVID L. BULLARD CALVIN E. DANIELS, JR. RICHARD D. ANTON JAMES E. BURGESS KENNETH J. DANIELS JOSEPH M. APPEL LANCE C. BURNETT TIMOTHY S. DANIELSON RICHARD L. APPLE CURTIS W. BURNEY TIMOTHY B. DANN CLAUDE M. ARCHAMBAULT KELLY D. BURT JENNA M. DAVIS RICHARDSON EARL ARDALES HENRI J. BUSQUE RUSSELL O. DAVIS BRADLEY J. ARMSTRONG WALTER A. BUSTELO BRANDON W. J. DEACON MICHAEL C. ARNDT ROBERT V. BUTKOVICH SARA B. DEAVER MICHAEL J. ARTELLI MATTHEW J. BUTLER JOEL R. DEBOER DAVID M. ASHLEY TODD C. BUTLER EDUARDO DEFENDINI FREDERICK H. ATWATER III ADRIAN R. BYERS JASON R. DELAMATER JON C. AUTREY EDWARD P. BYRNE DIANA N. DELATORRE JASON B. AVRAM MICHAEL R. CABRAL DAVID W. DENGLER MATTHEW L. AYRES REGINA LOUISE CAIN NATHAN R. DENNES LISLE H. BABCOCK MAURIZIO D. CALABRESE JASON A. DENSLEY BRAD C. BAILEY BRADY D. CALDWELL THOMAS A. DENT KAREN BAILEY MATTHEW D. CALHOUN KEITH A. DERBENWICK JASON E. BAKER CHRISTOPHER J. CALLIS DANIEL W. DETZI PAUL D. BAKER MICHAEL A. CALVARESI RONNIE V. DEVLIN BRIAN K. BAKSHAS GERALD T. CAMPBELL, SR. SCOT A. DEWERTH ARNOLD C. BALDOZA NORMAN J. CANNON RICHARD R. DICKENS HEATHER M. BALDWIN EDWARD K. CANTRELL JEFFREY M. DILL MICHAEL S. BANZET ANTHONY J. CAPARELLA DOUGLAS J. DISTASO JOHN E. BAQUET SHAY R. CAPEHART JODY L. DIXON CHRISTOPHER T. BARBER JOHN T. CARANTA III MINH C. DO KATHARINE G. BARBER STEPHEN V. CAROCCI THANG T. DOAN JAMES C. BARGER ALLAN A. CARREIRO DANIEL A. DOBBELS DANIELLE L. BARNES RAFAEL D. CARROLL JAMES M. DOBBS GREGORY D. BARNETT SCOTT G. CARROLL RICHARD R. DODGE RYAN R. BARNEY CHRISTOPHER C. CARTER MICHAEL R. DONAGHY ANTHONY R. BARRETT IVORY D. CARTER JAMES L. DONELSON, JR. BARRINGTON M. BARRETT AMY L. CARUTHERS JAMES B. DONKIN CATHERINE V. BARRINGTON JONATHAN D. CARY JEFFREY A. DONNELL CLAYTON B. BARTELS JOSEPH J. CASSIDY II PHILLIP R. DONOVAN BRENDAN C. BARTLETT GREGORY A. CAUDLE ANCIE E. DOTSON III JOHN V. BARTOLI PAUL S. CAZIER MATTHEW A. DOUGLAS CHRISTIA BASBALLE SORENSEN ROBERT W. CHAMBERS JONATHAN G. DOWNING VIDA V. BEARD JASON S. CHANDLER BRADLEY C. DOWNS ALAN L. BEAUMONT JACQUELINE D. CHANG JEFFREY J. DOWNS OMAR E. BECERRIL JOSEPH CHARGUALAF LINDSAY C. DROZ CHARLES E. BECKER RONALD J. CHASTAIN ANTHONY W. DUDLEY KEVIN R. BEEKER EDWARD P. CHATTERS IV JAMES S. DUKE MATTHEW R. BEER KEITH N. CHAURET CRAIG L. DUMAS JEFFREY A. BEERS RAYMOND A. CHEHY, JR. RONALD E. DUNLAP III TIMOTHY E. BEERS JON E. CHESSER II PAUL L. DUPUIS STEVEN G. BEHMER TROY W. CHEVALIER SCOTT A. DUTKUS MICHAEL E. BELKO WAYNE M. CHITMON RICHARD E. DWYER NICHOLAS A. BELL JOHN S. CHOBERKA, JR. TODD A. DYER DIANE C. BENAVIDEZ MICHAEL L. CHONG TODD R. DYER MICHAEL L. BENNETT JOHN A. CHRIST DAMON C. DYKES WILLIAM A. BERCK JENNY M. CHRISTIAN HARRY R. DYSON CHRISTOPHER C. BERG BRADLEY D. CHRISTIANSEN MARTY W. EASTER TIMOTHY M. BERGMAN REGGIE A. CHRISTIANSON DOUGLAS D. EATON PETER E. BERMES WILLIAM V. CHUDKO BRYAN T. EBERHARDT SCOTT D. BERNDT CHRISTOPHER STEPHEN CHURCH JON A. EBERLAN WILLIAM L. BERNHARD WILLIAM R. CHURCH BRIAN A. EBERLING FREDERICK S. BERRIAN LISA A. CICCARELLI MICHAEL T. EBNER RAYMOND J. BESSON MICHAEL T. CLANCY JASON A. ECKBERG JAMES A. BEYER AARON W. CLARK JARRETT E. EDGE THOMAS BICKERSTAFF ANDREW M. CLARK DARREN M. EDMONDS SEKOU T. BILLINGS CHRISTOPHER F. CLARK MICHAEL C. EDWARDS ROBERT L. BIRCHUM CHRISTOPHER R. CLARK TRAVIS L. EDWARDS MICHAEL B. BIRDWELL WILL CLARK GARY J. EILERS BENJAMIN W. BISHOP WILLIAM M. CLARKE MICHAEL K. EMBREE JOEL R. BIUS ELIZABETH A. CLAY HARRY A. EPPERSON III KIM D. BLACK DANIEL C. CLAYTON LORNE E. ESHELMAN WILLIAM T. BLADEN PAUL P. CLEMANS THOMAS P. ESSER RYAN D. BLAKE DOMINIC P. CLEMENTZ ALDWIN V. ESTRELLADO WILLIAM B. BLAUSER NATHAN D. CLEMMER DAVID A. EVANS JOHN J. BLEIL SARAH U. CLEVELAND WILSHELIA S. EZELL DEREK S. BLOUGH TRAVIS J. CLOVIS ERIC S. FAJARDO JAMES W. BODNAR ERIN C. CLUFF ROBERT L. FARKAS THOMAS T. BODNAR THOMAS F. COAKLEY DAVID E. FARLEY ELIZABETH C. BOEHM TOM G. COATE ADAM MICHAEL FAULKNER JOHN M. BOEHM MARK D. COGGINS CHRISTIAN D. FAUST STEVEN G. BOGSTIE CAROLYN C. COLEMAN CRISTINA CAMERON FEKKES KENNETH R. BOILLOT LAMONT A. COLEMAN MICHAEL J. FELLONA PATRICK B. BOLAND CHARLES W. COLLIER KEVIN A. FERCHAK TIMOTHY J. BOLEN PERSIVIA COLLINS II DAVID A. FERGUSON SEAN P. BOLES BRIAN A. COLLORD DIANNE E. FERRARINI ELIZABETH A. BOLL MICHAEL J. COLVARD DAVID L. FERRIS SCOTT B. BONZER THEODORE E. CONKLIN, JR. SHYLON C. FERRY RONALD K. BOOKER JAMES A. CONLEY STEVEN A. FINO RALPH E. BORDNER III DANIEL A. CONNELLY DAVID B. FISHER CHRIS E. BORING RYAN C. CONNER SCOTT A. FISHER RICHARD L. BOURQUIN ILA L. CONVERTINE MICHAEL B. FITZPATRICK PAUL S. BOVANKOVICH DANIEL E. COOK JOHN R. FLEMING, JR. BERNADETTE P. BOWMAN HEATHER A. COOK MORRIS M. FONTENOT, JR. IAN T. BOYD JOSEPH COOK ROUVEN M. FORBES MARTIN F. BRABHAM KENNETH R. COOK JOHN T. FORINO WILLIAM S. BRADLEY JASIN R. COOLEY GREGORY S. FORMANSKI JOHN BRADY DAVID L. COOPER SCOTT W. FORN KATHY K. BRADY PHILIP J. COOPER CHARLES D. FORRESTAL WARREN B. BRAINARD JOSHUA J. CORNER KIMBERLY E. FOX JAMES P. BRASSELL LARRY M. CORZINE STEPHEN P. FRANK MICHAEL A. BRAZELTON SEAN J. COSDEN ALBERT E. FRANKE IV THOMAS M. BREEN KAREN M. COSGROVE DAVID M. FRANKLIN MAXIMILIAN K. BREMER GERALD C. COTTRILL RICHARD C. FREEMAN TYR RICHARD BRENNER SHAWN C. COVAULT ROYCE C. FRENGLE ROBERT T. BRIDGES JOHN R. COX, JR. JESSE J. FRIEDEL SIDNEY J. BRIDGES JOHN A. COY MARK A. FRIEND

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7430 CONGRESSIONAL RECORD — SENATE September 23, 2010

ROY L. FRIERSON II STEVEN D. HENDRICKS PAUL P. KONYHA III JOHN C. FRIZZELL, JR. TODD A. HENNINGER MELVIN R. KORSMO LEAH R. FRY ELWOOD HENRY KEITH J. KOSNIC WILLIAM F. FRY DAVID A. HENSHAW STOSH KOWALSKI WILLIAM J. FRY CHRISTOPHER S. HENSLEE KEVIN D. KOZUCH DOUGLAS E. GAETA KEITH G. HEPLER, JR. JUSTIN R. KRAFT DARRICK V. GALACGAC PATRICK A. HERNANDEZ KURT F. KREMSER CHAD A. GALLAGHER KENNETH B. HERNDON VINCENT M. KREPPS DOUGLAS S. GARAVANTA MARC C. HERRERA RYAN R. KRIETSCH BRIAN W. GARINO MARC E. HERRERA JENNIFER M. KROLIKOWSKI STEPHEN D. GARMON JOHN D. HESS JAY F. KUCKO SOLOMON M. GARRETT IV NATHANIEL B. HESSE MAFWA M. KUVIBIDILA JOHN A. GARZA CHAD L. HEYEN MICHAEL A. KWASNOSKI JAMES P. GATCH ROBERT S. HILLIARD JEFFREY D. KWOK TOMMY M. GATES III BRENT R. HIMES EILEEN M. LABRECQUE EMIL D. GAWARAN TAMMY S. HINSKTON STEPHEN R. LACH FREDERICK K. GEARHART ADISA A. A. HINTON GYORGY LACZKO PHILIP M. GEELHOOD BRIAN E. HIPPEL DARIN A. LADD DAVID L. GEHRICH JENNIFER PRAHL HLAVATY CHARLES S. LAING ALLEN A. GEIST KEVIN R. HOBBS DAT V. LAM LEE G. GENTILE, JR. DARIN L. HOENLE JOSHUA A. LANE TRAVIS N. GEORGE ERIK K. HOFFMAN CHRISTOPHER M. LANIER JEFFREY T. GERAGHTY RONALD P. HOFFMEYER JEFFREY D. LANPHEAR JOHN M. GERST JEFFREY A. HOGAN CHRISTOPHER LARKIN DANIEL R. GIACOMAZZA CHRISTOPHER M. HOGUE ERIC C. LARSON KEITH E. GIBELING MARIA C. HOLBROOK MIKKO R. LAVALLEY ERIES L. GIBSON LAURA MICHELLE HOLCOMB GARY C. LAVERS JAY S. GIBSON JAMES M. HOLDER TIMOTHY R. LAWRENCE TY S. GILBERT CHRISTOPHER L. HOLLINGER MUN K. LEE CRAIG M. GILES SLOAN L. HOLLIS WILLIAM M. LEE, JR. KIPPER L. GILES MICHAEL W. HOLMES WINSTON S. W. LEE ROBERT W. GILLILAND TONY D. HOLMES ROBERT S. LEEDS, JR. JASON N. GINGRICH RONALD A. HOPKINS CHRISTINE FALAVOL LEGAWIEC DANIEL E. GITHENS CHRISTOPHER D. HORNBURG PHILLIP A. LEGG TED D. GLASCO ALLEN J. HORSENS BRIAN A. LEIBUNDGUTH CHARLES G. GLASSCOCK ROBERT A. HORTON TRAVIS K. LEIGHTON SEAN M. GODFREY JOSEPH M. HOWARD JUSTIN A. LEMIRE EDWARD G. GOEBEL, JR. JOHNLOUIS W. HOWELL MATTHEW J. LENGEL MICHAEL L. GOERINGER ERIC J. HOWLAND MICHAEL A. LENHART MARTIN J. GOLDEN ERIC D. HRESKO DAVID M. LERCHER JOSEPH R. GOLEMBIEWSKI MERNA H. H. HSU JONATHAN B. LESLIE JULIO M. GOMEZ VICTOR P. HUBENKO, JR. BRIAN C. LEWIS ANTONIO J. GONZALEZ DAVID A. HUBER EDWARD J. LIBERMAN RICHARD K. GOODALL ODARO J. HUCKSTEP ROBERT A. LIGHT ALLEN W. GOODWIN MICHAEL G. HUNSBERGER DEREK M. LINCOLN DAVID J. GORDON DON R. HUNT TODD M. LINDELL KEVIN P. GORDON ANGELA F. HUNTER STEVEN C. LINDMARK RUSSELL J. GORECKI MATTHEW R. HUNTER GREGORY A. LINDSEY LOREN R. GRAHAM TRACY N. HUNTER JOHN F. LINGELBACH SETH W. GRAHAM JOSEPH A. HURD RYAN A. LINK GEORGE R. GRANHOLM CHRISTOPHER G. HUTCHINS ANDREW J. LIPINA MARION GRANT JEREMY J. HUTCHINS ZACHARY J. LISTER DWAYNE A. GRAY JARED J. HUTCHINSON GRAHAM LITTLE CRAIG A. GREEN VERONICA J. HUTFLES VINCENT R. LITTRELL LANNY B. GREENBAUM, JR. DAVID B. HUXSOLL JOHN D. LOFTIS NOLAND T. GREENE TIMOTHY L. HYER SCOTT W. LOGAN TRENT A. GREENWELL LATEEF M. HYNSON GEOFFREY E. LOHMILLER JAMES R. GRESIS ANN M. IGL JASON D. LOLLAR ANDREW C. GRIFFIN CHADWICK D. IGL PETER D. LOMMEN PAUL R. GRIFFIN RYAN J. INMAN PATRICK V. LONG JEFFREY A. GRIMES DAVID J. IRVIN, JR. JAMES PHILIP LONIER TERRENCE R. GRIMM NATHAN L. IVEN JASON J. LOSCHINSKEY JOSEPH C. GUECK ZIGMUND W. JACKIM ANDY K. LOVING CAMILO GUERRERO ABRAHAM L. JACKSON BRIAN C. LOW AARON GUILL BENJI B. JACKSON TERRALUS J. LOWE RYAN J. GULDEN MICHAEL L. JACKSON, JR. KRISTI LOWENTHAL KEITH D. GURNICK WILLIAM B. JACKSON DEVEN J. LOWMAN JOEL D. GUSSY JEFFREY C. JARRY MICHAEL W. LUCAS YASHUA WILLIAM GUSTAFSON DERRICK W. JEE JOHN R. LUDINGTON III JOSE A. GUTIERREZ JENNIFER R. JEFFRIES KEVIN K. LUKA ALEXANDER J. HADDAD DEREK C. JENKINS WALTER C. LUTHER III ADRIAN C. HAGEMAN DONALD J. JENTGENS, JR. WILLIAM J. LYNCH SEAN W. HAGLUND ANTONIO D. JESURUN ARMAND D. LYONS TYLER N. HAGUE JACQUE M. JOFFRION DAVID C. LYONS DAX R. HAIR BRADLEY L. JOHNSON ROBERT P. LYONS III JAMES B. HALL DAVID C. JOHNSON CHRISTOPHER A. MACAULAY RYAN C. HALL GARETH E. JOHNSON ERIC G. MACK SARAH L. HALL GEORGE W. JOHNSON, JR. BRIAN P. MACKEY ANN MARIE HALLE KENNETH C. JOHNSON CHRISTOPHER D. MACLEAN JOHNNY L. HAMILTON MARK D. JOHNSON THOMAS J. MAHONEY HEATHER M. HANKS MELISSA A. JOHNSON APRIL D. MAJOR HUGH S. HANSENS CAREY J. JONES BETH LEAH MAKROS JEREMY R. HANSON KEITH W. JONES ROBERT H. MAKROS JOHN D. HARBOUR JASON M. JULIANA MICHAEL E. MALLEY JOHN M. HARDEE ANDREW L. JULSON CHRISTOPHER L. MALLORY NICHOLAS S. HARDMAN ERIC L. JURGENSEN TRENTON J. MALY JEFFREY C. HARDY REGINALD W. KABBAN PAUL A. MANCINELLI AGGA L. HAREN BLAIR I. KAISER JOHN G. MANGAN STEVEN L. HAREN CHRISTOPHER P. KAISER KEVIN R. MANTOVANI GRANT M. HARGROVE JAMES E. KAJDASZ STEVEN R. MARIN JAMES B. HARLOW JASON B. KARREN CRAIG A. MARION PAUL K. HARMER DON C. KEEN LETITIA A. C. MARSH DUANE F. HARMON ERIKA D. KELLEY RICHARD A. MARSH GREGORY S. HARMON JOHN P. KELLY EDWARD E. MARSHALL JEREMY T. HARMON ROBERT H. KELLY JAMES E. MARSHALL MATTHEW T. HARNLY JOHN A. KENT IV DEVIN W. MARTIN THOMAS G. HARRELL SEAN C. G. KERN JOHN A. MARTIN JAMES D. HARRIS, JR. JOHN R. KERR MARGARET C. MARTIN JOSE T. HARRIS MUHAMMAD S. KHAN SEAN P. MARTIN BRETT W. HARRY EDWIN J. KILPATRICK MARTIN A. MARTINEZ III WILLIAM D. HART ANGELA Y. KIM MICHAEL A. MARTINEZ CHARITY A. HARTLEY BRETT A. KING GREGORY A. MARTY SCOTT A. HARTMAN CHRISTOPHER J. KING JOSHUA O. MASKOVICH DANIEL N. HARVALA DANIEL R. KING RAY P. MATHERNE JAMES C. HARWOOD JONATHAN D. KING STEPHEN B. MATTHEWS BILLY E. HASSELL LUTHER L. KING CHRISTOPHER J. MAY LESLIE F. HAUCK III JEFF C. KINGSLEY MATTHEW L. MAY MICHAEL S. HAVARD JASON T. KIRBY SCOTT H. MAYTAN JEFFERSON G. HAWKINS PAUL H. KIRK DAVID J. MAZZARA JOHN W. HAWKINS, JR. WESLEY D. KIRK DENISE A. MCALLISTER DOUGLAS P. HAYES DONALD R. KIRKLAND, JR. JAMES G. MCARTHUR STEVEN L. HAYNES CARYN L. KIRKPATRICK THOMAS MCAULEY DARIN D. HEESCH PAUL E. KLADITIS CHRISTOPHER J. MCCARTHY ERIC J. HEIGEL ANTHONY A. KLEIGER MOLLIE NEAL MCCARTHY PAUL R. HEITMEYER, JR. THOMAS A. KNOWLES DAVID L. MCCLEESE SUZANNE M. HENDERSON TRICIA H. KOBBERDAHL GERROD MCCLELLAN TIAA E. HENDERSON KYLE F. KOLSTI MICHAEL R. MCCLURE

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7431

ALAN P. MCCRACKEN CHRISTOPHER T. OWENS TYLER R. SCHAFF MICHAEL F. MCCULLOUGH, JR. JOSEPH A. PABALAN DEREK F. SCHIN BRIAN C. MCDONALD JEFFERY R. PAGET WILLIAM F. SCHLICHTIG TIMOTHY S. MCDONALD JOSEPH M. PANKEY JOHN L. SCHLUTER, JR. CHARLES A. MCELVAINE DANIEL K. PANKRATZ DONALD W. SCHMIDT JEFFREY L. MCGAW CHARLES N. PARADA ROBERT M. SCHMIDT DAVID J. MCGINN BRIAN D. PARDEE ANNA MARIE SCHNEIDER MICHAEL P. MCGIVERN KEVIN L. PARKER JOSEPH J. SCHNEIDER KEVIN J. MCGOWAN WILLIAM M. PARKER SIEGFRIED SCHOEPF THOMAS C. MCINTYRE MARCO J. PARZYCH CHAD W. SCHRECENGOST MARK L. MCKAMEY CHAD P. PATE CHRISTOPHER J. SCHUMPP WILBURN B. MCLAMB BRIAN E. PATNETT TIMOTHY M. SCHWAMB SCOTT A. MCLAREN JARED B. PATRICK SIMON M. SCOGGINS ROBERT N. MCLAUGHLIN MAX E. PEARSON JASON C. SCOTT SEAN K. MCMURRAY AMBER N. PECONGA JENIPHER E. SCOTT BRIDGET M. MCNAMARA JAMES D. PEDERSEN GEORGE A. SEFZIK ANDREW L. MCWHORTER DAVID D. PEREZ DAVID L. SEITZ THOMAS M. MEER MICHAEL J. PERRY JASON T. SELF EDUARDO C. MEIDUNAS JERALD K. PERRYMAN ERIK M. SELL DAVID C. MEIER BRIAN A. PETE DOUGLAS G. SEYMOUR DAVID C. MEISSEN CORBETT M. PETERSON DOUGLAS B. SHAFFER MICHAEL J. MENCH LANCE E. PETERSON CHARLES L. SHAW MICHAEL J. MENDENHALL MATTHEW W. PETRO SAMUEL R. SHEARER RICHARD S. MENDEZ BRIAN K. PHILLIPPY JACOB C. SHEDDAN CHRISTOPHER E. MENUEY BRIAN S. PHILLIPS JOHN J. SHEETS JASON M. MERCER CRAIG J. PHILLIPS PHILLIP L. SHEIRICH ANDREW J. MERKLE EDWARD P. PHILLIPS NORMAN F. SHELTON II STEPHEN A. MERROW STEPHEN E. PHILLIPS ROBERT A. SHELTON JOSHUA W. MEYER KENNETH R. PICHA KEITH L. SHEPHERD NICHOLAS J. MICHALSKI MICHAEL S. PINKSTAFF GEORGE L. SHERWOOD, JR. DAVID M. MICHAUD JOSEPH B. PITZER ADAM J. SHIRRIFF JACOB MIDDLETON, JR. JON E. PLASTERER II DEBRA E. SHOCK KENNETH E. MIERZ WILLIAM C. POLSON MARK A. SHOEMAKER RYAN J. MILLAY JAMES J. POND BRYAN F. SHUMWAY BRAD M. MILLER JAI R. POPE KEVIN O. SILKNITTER DAVID A. MILLER SERGIO A. PORRES BRYCE A. SILVER DEREK R. MILLER JASON B. PORTER ADAM G. SILVERMAN JOSEPH C. MILLER FREDERICK T. PORTIS COREY A. SIMMONS PATRICK G. MILLER WILLIAM S. POTEET TRAVOLIS A. SIMMONS PATRICK M. MILLER GREGORY T. POUND JAMES A. SIMONDS PAUL M. MILLER MICHAEL D. PRESNAR MICHAEL A. SINKS ANTHONY J. MIMS GINA L. PREVETT BRIAN C. SITLER ROBERT E. MIMS JAMES W. PRICE DALE B. SKINNER SCOTT A. MINTON PHILIP D. PRINCIPI MARK W. SLATON JOHN S. MIZELL ELBERT R. PRINGLE II DANNY A. SLIFER MATTHEW R. MODARELLI SCOTT C. PUKAY SABINE SLOVER ERIC T. MONICO CRAIG A. PUNCHES DAVID P. SLYE BRIAN R. MONTGOMERY ERIN P. PYLE CRAIG M. SMALLS ERIC R. MOOMEY JEREMY D. QUATACKER BRYAN J. SMITH ARGIE S. MOORE ERIK N. QUIGLEY EVAN V. SMITH TIMOTHY J. MOORE JASON M. QUIGLEY JAMES E. SMITH TODD M. MOORE MARCIA L. QUIGLEY JESSE C. SMITH VASHON D. MOORE PAUL R. QUIGLEY LAVINIA SMITH ERIC P. MORAES ANDREW J. RADKE SAMUEL J. SMITH MARCELO MORALES MICHAEL E. RADLE STEVEN M. SMITH IAN P. MORENO GARY B. RAFNSON TAMARA A. SMITH CHAD M. MORGAN JUNAID M. RAHMAN KEVIN M. SMOOT SHAWN D. MORGENSTERN STEVEN A. RASPET CHRISTOPHER S. SNODGRASS BARRETT L. MORRIS BRETT A. RAWALD JOSHUA D. SNODGRASS MADISON L. MORRIS KIRK L. REAGAN CHRIS H. SNYDER SCOTT A. MORRISON THOMAS W. REAGAN, JR. GREGORY D. SODERSTROM DAVID R. MORROW ROBERT D. REEDER JIMMY R. SOLES, JR. GREGORY M. MOSELEY RICHARD F. REICH, JR. PATRICK SAMUEL SOLLAMI RYAN D. MUELLER AARON R. RESSLER ROBERTO SOMARRIBA CARL R. MULLEN II JONATHAN A. REYES MARK J. SORAPURU ANTHONY J. MULLINAX GONZALO REYNA JONATHAN J. SORBET SANTOS O. MUNOZ DAVID A. REYNOLDS BRETT D. SOWELL MARK W. MURRAY SILVANO E. REYNOSO, JR. MACKJAN H. SPENCER JOSEPH A. MUSACCHIA KIMBERLY P. RHOADES SEAN S. SPRADLIN HARRY D. MYERS MICHAEL R. RICH CORBAN D. SPRAKER STACEY N. NADER DANIEL R. RICHARDS, JR. KEITH M. SPUDIC VINOD D. NAGA DAVID A. RICKARDS CURTIS J. ST AMAND KEVIN R. NALETTE JAMES W. RICKMAN JOSHUA L. STAHL MONROE NEAL, JR. BRIAN L. RICO ERIN M. STAINEPYNE ROBERT S. NEIPER JASON M. RIERA MYRON O. STAMPS ERIC B. NELSON JONATHAN RILEY SHANNAN M. STARLING JEFFREY W. NELSON STEPHEN E. RINEHART MICHAEL S. STARR MARK R. NELSON GLENN A. RINEHEART PATRICK J. STEEN CHRISTOPHER J. NEMETH KEVIN RIPPLE ROUVEN J. N. STEEVES JENNIFER L. NEVIUS KATE RITZEL CINDY D. STEIN JAMES D. NEWBERRY SCOTT M. RITZEL THOMAS R. STEMARIE NEAL NEWELL III JUAN CARLOS RIVERA JULIAN D. STEPHENS JULIE S. NEWLIN CHAD ROBBINS KATRINA C. STEPHENS STEWART H. NEWTON TODD A. ROBBINS JOHN D. STEPHENSON JAMES P. NICHOL JASON N. ROBERTS DAVID L. STEVENS PAUL S. NICHOLS RICHARD J. ROBERTS KELLEY C. STEVENS JAMES B. NICHOLSON, JR. THEODORE G. ROBERTS ALLEN L. STEWART MATTHEW J. NICHOLSON MICHAEL E. ROBIDOUX JASON B. STINCHCOMB DANIEL S. NIELSEN, JR. CHRISTOPHER P. ROBINSON HUGH B. STMARTIN, JR. TERI R. NOFFSINGER JEFFREY D. ROBINSON JEFFREY D. STOCKWELL DAVID J. NOLAN JON T. ROBINSON PHILIP L. STODICK PETER M. NORTON KEITH P. ROCKOW JENNIFER L. STOKES TRAVIS L. NORTON ROMULO R. RODAS MELISSA A. STONE TAMMIE L. NOTTESTAD DANIEL A. ROESCH CHRISTOPHER M. STOPPEL DAVID B. NOVY WILLIAM S. ROGERS JOYCE R. STORM ABEL S. NUNEZ JEFFREY T. ROSA DAVID C. STRINGER TARA C. O MIGUEL ROSALES, JR. DEREK S. STUART LESTER N. OBERG III JACOB J. A. ROSSER TIMOTHY J. STUART PATRICK H. OBRIEN MARLYCE K. ROTH BRIAN M. STUMPE PATRICK J. OBRUBA BRYAN J. ROUNDTREE JENNIFER A. SUAREZ NICHOLAS J. ODELL, JR. MICHAEL S. ROWE GREGORY SUBERO SCOTT A. OGLEDZINSKI MATTHEW C. ROWLAND MARK C. SUDDUTH GREGORY T. OGOREK JAMES W. ROY III TODD W. SULLIVAN JEFFREY A. OGRADY RICHARD D. RUIZ JOSE E. SUMANGIL PATRICK S. OHARA THOMAS A. RUNGE BRADLEY R. SUMTER PETER F. OLSEN ABIGAIL L. W. RUSCETTA WILLIAM P. SURREY SCOTT A. OMALLEY JASON R. RUSCO JEFFREY S. SUTTON CHRISTOPHER N. OMDAL RADOSLAW RUSEK BRIAN M. SWYT JEFFRY S. ONAN SHANE C. SAARI HAZEL C. SYNCO BRIAN P. ONEILL REGINA A. SABRIC ERIC J. TALCOTT ARVID E. OPRY BRIAN DARNELL SALLEY DANIEL T. TARLETON TRACY L. ORFIELD DEREK M. SALMI RASHONE J. TATE ROBIN E. ORTH JUSTIN P. SALTER AARON T. TAYLOR PATRICK M. OSULLIVAN ASSAD SAMAD JONATHAN B. TAYLOR ENRIQUE A. OTI CHARLES S. SAMMONS KIM N. TAYLOR SHERYL A. E. OTT FREDERICK M. SAPP RALPH E. TAYLOR, JR. ANTHONY J. OWENS GINO SARCOMO JASON A. TELLEZ

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7432 CONGRESSIONAL RECORD — SENATE September 23, 2010

MONA A. TENORIO KEVIN A. YATES MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- JASON B. TERRY THOMAS E. YEAGER TIONS 624 AND 3064: MICHAEL D. THOMAS MICHAEL S. YI MICHAEL T. THOMAS SHAYNE R. YORTON To be colonel NEIL B. THOMAS, JR. BRIAN G. YOUNG PAUL D. ANDERSON JAMES W. THOMPSON CONSTANCE H. YOUNG LYNNETTE B. BARDOLF JOHN B. THOMPSON HELEN H. YU CHARLES D. BRADLEY SCOTT J. THOMPSON DAVID W. YUNT JACQUELINE CHANDO ROY D. THRAILKILL JEREMY P. ZADEL JEFFERY M. CLELAND CHRISTOPHER C. THROWER VINCENT ZALESKI ANTHONY L. COX DAVID M. TIFFORD, JR. JONATHAN E. ZALL WILLIAM M. DARBY RICHARD J. TIMMERMANN KRISTIAN J. ZHEA JAMES W. DAVIDSON JUSTIN K. TINDAL JAMES M. ZICK JAY E. EARLES JASON W. TORGERSON MATTHEW W. ZIMMERMAN LAUREL S. FIELDS RONALD L. TOUGAW, JR. MICHAEL S. ZIMMERMAN KARRIE A. FRISTOE MATTHEW J. TRACY BRIAN K. ZOELLNER KASANDRA T. TRAWEEK MICHAEL J. ZUHLSDORF JOSE L. GARCIA JOHN H. TRAXLER CLINTON R. ZUMBRUNNEN PAUL J. GOYMERAC DEVIN S. TRAYNOR DEBORAH L. P. ZUNIGA LANETTE R. HAMILTON TIMOTHY G. TREGLOWN RAY A. ZUNIGA KEITH M. JOHNSON ALLISON M. TRINKLEIN MARTIN D. KERKENBUSH HENRY H. TRIPLETT III IN THE ARMY MICHAEL P. KOZAR JAMES A. LATERZA ERIC D. TRISMEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IRWIN M. LENEFSKY CONSTANTINE TSOUKATOS TO THE GRADE INDICATED IN THE UNITED STATES ARMY PAULA C. LODI ADAM C. TUFTS MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., STEVEN P. MIDDLECAMP CARLTON C. TURNER SECTIONS 624 AND 3064: JOBIE S. TURNER JAMES W. NESS MICHAEL S. TURNER To be colonel DAVID J. PARRAMORE ROBERT C. TYLS JOHN P. ROGERS MARIA E. BOVILL JAMES D. UPCHURCH AARON J. SILVER NIKKI L. BUTLER VLADIMIR URBANCEK WALTER M. STANISH RACHEL K. EVANS LINDA M. VADNAIS RICHARD P. STARRS JOANNA J. REAGAN CHRISTOPHER L. VANHOOF WILLIAM B. TILSON KELLY L. VARITZ THE FOLLOWING NAMED ARMY NATIONAL GUARD OF RONALD T. WILLIAMS ENRICO W. VENDITTI, JR. THE UNITED STATES OFFICERS FOR APPOINTMENT TO STEPHEN C. WOOLDRIDGE SHANE S. VESELY THE GRADE INDICATED IN THE RESERVE OF THE ARMY ALEX P. ZOTOMAYOR JEREMY S. VICKERS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JOHN R. VICKREY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARCOS A. VIGIL To be colonel TO THE GRADE INDICATED IN THE UNITED STATES ARMY WILLIAM M. VILLEGAS II MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 MARK E. BEICKE AND 3064: JAMES T. VINSON WILLIAM B. COLE HARMEN P. VISSER ROBERT J. FINIGAN To be colonel PETER D. VITT TODD R. LEVENDOSKI DAVID R. VOLLMER EFRAIN SOTOSANTIAGO WILLIAM P. ADELMAN NORMAN P. VUCHETICH JAMES D. TOOMBS KATHLEEN R. AGNEW MICHAEL N. WADDLE JAY T. ALLEN SCOTT W. WALKER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT VERONICA R. BAECHLER WENDY E. WALKER TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANDREW M. BARR JAMES W. WALL VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS MICHAEL R. BELL DANIEL P. WALLS 624 AND 3064: JAMES BENTLEY MARK R. WALSH To be colonel PAUL A. BRISSON DANNY L. WALTERS, JR. DAVID L. BROWN JAMES T. WANDMACHER TODD O. JOHNSON LINDA L. BROWN DEAN C. WARDELL ROBIN K. KING TOMMY A. BROWN JAMES W. WARF III HENRY J. KYLE JEFFREY M. CALLIN BRETT A. WARING RANDALL L. RIETCHECK DARREL K. CARLTON MICHAEL S. WARNER EDWARD L. STEVENS STEVEN B. CERSOVSKY DAVID M. WARNKE DEBORAH L. WHITMER YONG K. CHA TIFFANY J. WARNKE TAMI ZALEWSKI RAYMOND I. CHO DALIAN A. WASHINGTON KAO B. CHOU KEITHEN A. WASHINGTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROSS E. COLT JEREMY R. WATTS TO THE GRADE INDICATED IN THE UNITED STATES ARMY LANCE E. CORDONI PAUL T. WEBSTER DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 DONALD M. CRAWFORD SAMANTHA WEEKS AND 3064: ERIC A. CRAWLEY JOHN K. WEIGLE To be colonel MARK A. CRISWELL JOHN A. WELLMAN MARK D. CUMINGS JOSEPH H. WENCKUS MARK R. BENNE LOUIS A. DAINTY TODD H. WENTZLAFF JERRY BROMAN JOHN G. DEVINE SCOTT J. WEST RAFAEL CARABALLO NHAN V. DO THOMAS C. WESTBROOK KIMBERLY Y. CATER MICHAEL D. DULLEA CHRISTOPHER D. WESTON GEORGIA G. DELACRUZ EDWARD M. FALTA DAVID S. WESTOVER, JR. WILLIAM J. DEMSAR CHRISTOPHER GALLAGHER DERRICK R. WHEELDON MICHAEL T. EVANS DOMINIC R. GALLO GREG D. WHITAKER DAVID C. FLINT ALAN P. GEHRICH CURTIS C. WHITE DAN C. FONG ROBERT T. GERHARDT TARA E. WHITE GARY D. GARDNER STANLEY F. GOULD WILLIAM C. WHITE MICHELLE T. ICASIANO KENNETH A. GRIGGS MICHAEL D. WHITING SHAUN L. KANION CHRISTOS HATZIGEORGIOU KIMBERLY W. LINDSEY ALAN J. WIGDAHL KEITH A. HAVENSTRITE MANUEL MARIEN DAMIAN O. WILBORNE THOMAS S. HEROLD CRAIG G. PATTERSON TIMOTHY W. WILCOX EDMUND W. HIGGINS ANDREW J. WARGO ANDREW C. WILES SIDNEY R. D. HINDS II JAMES WOOD BRANDON L. WILKERSON AVA HUCHUN CHRISTINA L. WILLARD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARY V. KRUEGER ADRIENNE L. WILLIAMS TO THE GRADE INDICATED IN THE UNITED STATES ARMY SANDRA G. LAFON ANTHONY D. WILLIAMS NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND MOON H. LEE CHRISTOPHER J. WILLIAMS 3064: SEAN K. LEE DARIN C. WILLIAMS JONATHAN G. LEONG IKE H. WILLIAMS To be colonel BRUCE L. LOVINS JASON T. WILLIAMS CELETHIA M. ABNERWISE ERIC D. MARTIN MICHAEL D. WILLIAMS PATRICK J. AHEARNE MATTHEW J. MARTIN PATRICK C. WILLIAMS JACQUELINE P. ALLEN PAUL T. MAYER PAUL D. WILLIAMS RAY C. ANTOINE MYRON B. MCDANIELS SEAN WILLIAMS KELLY K. BRAMLEY ROBERT C. MCKENZIE, JR. TREVOR L. WILLIAMS SARA T. BRECKENRIDGESPROAT SHARON P. MCKIERNAN PAUL B. WILLINGHAM WENDY R. CAMPBELL MARGRET E. MERINO DANIELLE L. WILLIS TINA A. CONNALLY JOEL E. MEYER JAMES M. WILMER JACK M. DAVIS MITCHELL S. MEYERS WALTER J. WILSON REBECCA L. DOUGLAS RONALD V. MORUZZI DAVID J. WINEBRENER LAURA R. FAVAND SHAWN C. NESSEN MARK R. WISHER LINDA W. FISHER STEPHEN R. NOVEMBER KELLY N. WITCHER JOHN T. GROVES MICHAEL S. OSHIKI ERIC J. WITTENDORFER MELISSA K. HALE ROBERT M. PARIS CHRISTIAN S. WOHLWEND KATHLEEN M. HERBERGER JOHN S. PETERS JASON K. WOOD WENDELL M. HOLLADAY BRIAN T. PIERCE MICHELE J. WOODCOCK BRIAN K. KONDRAT SHAUN A. PRICE SARAH E. WOODS DANIEL W. MCKAY MICHAEL W. QUINN THADDEUS R. WOODS COLETTE L. MCKINNEY WILLIAM J. QUINN SHANNON J. WOODWORTH MARGARET M. NAVA KEVIN C. REILLY, SR. JULIE D. WORLEY KATHY PRUEOWENS LUIS R. RIVERO TIMOTHY K. WOZNIAK WENDY A. SAWYER STUART A. ROOP ANDREW R. WRIGHT SUZANNE K. SCOTT MICHAEL G. ROSSMAN TODD A. WYDRA CARLETTE T. TOFT EARLE G. SANFORD MATTHEW W. WYNN LISA A. TOVEN JAMES J. SHEEHAN, JR. GERALD T. YAP PETER J. SKIDMORE ERIC YARRELL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRYAN C. SLEIGH BART P. YATES TO THE GRADE INDICATED IN THE UNITED STATES ARMY KEVIN C. SMITH

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7433

JOSEPH C. SNIEZEK BENJAMIN V. WAINWRIGHT ERIK A. OLSEN MARGARET M. SWANBERG DANIEL W. WALL MICHAEL O. OSORIO KENNETH F. TAYLOR, JR. WILLIAM W. WOHEAD ANDREW J. OSWALD BRIAN T. THEUNE ANDREW K. WONG ELBERT C. PAMA BRIEN W. TONKINSON GREGORY J. WOODS JAMES T. PERRY, JR. SCOTT D. UITHOL NING L. YUAN STEVEN E. PETERS TODD J. VENTO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREW M. PHILLIPS STEVEN A. WAGERS, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY J E. PISKURA GARY R. WALLACE UNDER TITLE 10, U.S.C., SECTION 624: NICOLE C. PONDER MICHAEL A. WEBER MANUEL L. POWELL MARK J. WEHRUM To be lieutenant commander JAMES A. PROSSER DANIEL W. WHITE MELISSA R. PROUD RAYNARD ALLEN MICHAEL D. WIRT II JECISKEN RAMSEY ALLEN K. BROOKS MICHAEL M. WOLL BRUCE M. REILLY II CHRISTOPHER S. CAUBLE MICHAEL P. WYNN KEVIN C. RICHARDSON DAVID J. CULLEN III CAROL R. YOUNG, JR. DENA B. RISLEY JAISEN E. FUSON STANLEY M. ZAGORSKI BRANDOLYN N. ROBERTS MARK A. GIRALMO DAVID C. ZENGER CHRISTOPHER F. ROESNER FERGUSON L. HARRIS DEAUNDRAE L. ROGERS IN THE NAVY DWAYNE A. JACKSON ROMEO B. ROMEO BRIAN L. JACOBSON BRAN M. SHERMAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CYNTHIA L. KANE KENNIS J. SIGMON TO THE GRADE INDICATED IN THE UNITED STATES NAVY RICHARD E. MALMSTROM JAIME J. SIQUEIROS UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER S. MARTIN TAMARA T. SONON To be lieutenant commander RONALD S. ODELL, JR. ROYAL J. SPRAGIO III CHARLES A. OWENS SHANE D. STATEN DOMINIC V. GONZALES JEFFREY QUINN CRAIG A. SWANSON MARK A. ROGERS JESSE K. TAIJERON THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- DAVID E. ROZANEK MONICA R. TATE MENT TO THE GRADE INDICATED IN THE REGULAR NAVY BRIAN K. SHEARER RICHARD L. TERRETT UNDER TITLE 10, U.S.C., SECTION 531: MARGARET E. SIEMER ANDREW J. TEW CARL J. STAMPER LANCELOT A. THOMAS To be lieutenant commander BRUCE A. VAUGHAN LLOYD V. THORPE MICHAEL H. HOOPER MATTHEW S. WEEMS MICHAEL L. TUCKER RICHARD H. WIESE JOSE L. VARGAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARTHUR L. WIGGINS, JR. DANIEL J. VETSCH TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT B. WILLS ANGELA C. WATSON UNDER TITLE 10, U.S.C., SECTION 624: KELLY S. WEAVERLING THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ELIZABETH M. WILLIAMS To be lieutenant commander TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT A. WILSON UNDER TITLE 10, U.S.C., SECTION 624: VIRGILIO S. CRESCINI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant commander TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOSE G. ACOSTA, JR. UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL D. ADAMS To be lieutenant commander To be lieutenant commander MICHAEL A. ALDRICH BOBBY L. ALLEN KONIKI L. AIKEN ALDRIN J. A. CORDOVA JAKENBERG N. ALMUETE EDITH R. AKOTO ANDY P. DELEON HEATH E. ALVAREZ MELISSA M. ALEXANDER ANDREA M. DEWDNEY THOMAS E. ARNOLD SHEILA I. ALMENDRASFLAHERTY RUSTIN J. DOZEMAN MICHAEL AUGUSTINE ANNE M. ASHTON PARRISH P. GUERRERO RASAQ A. BALOGUN SCOTT E. AVERY TERRY L. KNAPP ANTHONY P. BANNISTER TONYA BAILEY JAMES M. LANGLOIS TIMOTHY S. BARTHA ANGELA M. BARTOW BRYAN K. LUKIE MICHAEL A. BELL BROOKE M. BASFORD GAIL M. MULLEAVY SAMUEL BETANCOURT ARIC V. BAUDEK JERALD L. ROOKS GEORGE M. BICK TROY J. BAUMANN SEAN W. BLACK BRIAN B. BEALE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BISIOYE A. BOLARINWA CONSTANCE BEALE TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRADLEY C. CARROLL VAVADEE V. BELKO UNDER TITLE 10, U.S.C., SECTION 624: DAVID M. CARROLL CINDY L. BELTEJAR To be lieutenant commander ABDUL R. CEVILLE HOLLY M. BONDS RICARDO A. COLLAZOS GLENN A. BRADFORD JOHN W. BAISE RUDOLPH W. COOK LAURA A. BRADFORD JOHN H. BEATTIE JAMES A. COX GEORGE J. BRAND SCOTT N. BEYER SALVATORE A. DAMATO CARL R. BURGAN BEAU BROOKS SCOTT A. DARNELL KATHLEEN M. CAFFREY MONIKA A. CAMPBELL RODEECE L. DEAN RAMON O. CALADCAD MICHAEL W. CARR II GENTRY D. DEBORD RODNEY L. CAMPBELL BRANDON M. CASPERSON JOHN C. DONNELLY LONETTA CANALES KENDALL C. CHAPMAN DOUGLAS P. ELLINGTON MATTHEW J. COLANGELO JIHOON P. CHOI RUSSELL L. ELLIS TARA N. COLLINS ANDREW D. CLINE ANDRE L. FIELDS PAUL D. COOPER DAVE P. CLOSAS ARNEL FLORENDO JAMES F. COTTON BRAD G. COLEMAN PAUL E. FOX JESUS M. CRESPODIAZ JASON P. FAHY JOHN A. FRENCH JOHN C. DANIELS, JR. DALLAS A. GIPSON BRIAN L. GARBERT MONICA J. DELANO MICHAEL J. GOLONKA III MICHAEL W. GEORGE PETER M. DEYOUNG ROBERT B. HAGEL JOEY GONZALES TIFFANY A. DODSON JONATHAN L. HIGDON JOHN P. HAGAN THOMAS J. DOWDLE III KENNETH F. HONEK JEFFREY D. HANKINS KURT B. DUNCAN DAVID R. HUBBLE ROBIN A. HASSON TREVR W. EBORN VU P. HUYNH JOSHUA M. HEIVLY KRISTIN L. EDGAR CARL E. JACKSON, JR. ANDREW E. HENWOOD JOSE L. ESTRADA RAYMOND C. JASZKOWSKI DANA M. HERBERT ANDREW D. FORREST WEURIELUS D. JOHNSON STEPHEN G. HIGGINS NEVA R. FUENTES TIMOTHY W. KABER JOSHUA R. HILL RAYNARD GIBBS JASON A. KILLIAN VIKAS C. JASUJA PATRICIA A. GILL CHRIS D. KIM DOUGLAS R. JENKINS LOUISE L. GILLESPIE DEBRA E. KING MARCUS L. JONES KURT J. GIOMETTI GREG C. KIRK RICHARD D. JONES DAVID R. GOODRICH ROBERT D. KLEINMAN ALEXANDER P. KACZUR VICTOR C. GORDON DENNIS LA EVELYN C. LEE PHILIP L. GRADY MUSHEERAH M. LITTLE MICHAEL T. LEWIS JERRI M. GRAY CHRISTOPHER J. LYNCH SCOTT J. LEWIS MARK R. GREEN ANGELIQUE N. MCBEE JAMES A. LONG JOSEPH D. HACINAS LAUREN A. MCMILLAN CARLOS V. LOPEZ JAMES L. HAFFNER, JR. ELKIN F. MOSQUERA CHRISTOPHER M. LOUNSBERRY PATRICK R. HARRISON DONNY R. NEWSOM RAFAEL L. MACIAS BRIAN K. HEERMANS JONATHAN D. NIEMAN BRIAN P. MADDEN GREGORY J. HEIMALL, JR. SHANEWIT NOPKHUN TIMOTHY J. MARK PAULO M. HERNANDEZ ALFRED M. NUZZOLO LLAHN A. MCGHIE LISA H. HILL ROBERT L. OLSON KEVIN S. MCNULTY KYLE D. HINDS NATHANAEL J. OVERTREE SCINTAR B. MEJIA VIRGINIA M. HINRICHS GABRIEL PARRILLA SCOTT L. MELLGREN STUART R. HITCHCOCK FEDERICO PEREZROMERO JOHN I. MERCADO MARIA T. HOLLY RICHARD J. POCHOLSKI JON W. MERRITT ERIC M. HOYER DENNIS J. RIORDAN DANIEL W. METZ FREDERICK L. HUSS, JR. JEFFREY P. ROZEMA CHARLES M. MIELKIE III HERMAN H. JENKINS JOSHUA C. SCOTT MARK D. MILIUS LAURA L. JENSEN KENT R. SIMODYNES LOUIS MIRABAL KARI L. JOHNDROWCASEY MICHAEL S. SINGLETON PHILLIP MOGILEVSKY PATRIELLE R. JOHNSON JENNIFER E. STEADMANMURPHY CHESTER A. MORGAN TRACI L. JOHNSON CORTNEY B. STRINGHAM OWEN B. MORRISSEY VINCENT B. JOHNSON JAMES R. SULLIVAN JAMES M. NEWTON MATTHEW C. JONES MATTHEW C. TOLHURST QUY NGUYEN MELISSA M. KENNEDY BRENT J. UYEHARA SEAN J. NUILA DIANE N. KIILEHUA

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7434 CONGRESSIONAL RECORD — SENATE September 23, 2010

LETICIA S. KING BRADLEY S. PARKER DOUGLAS A. SEARLES ERIC J. KULHAN ELISABETH H. PENNIX ZINOVIY B. SENISHIN CASSANDRA M. LEATE EDWARD M. PIERCE JOHN A. SHANNON III MICHAEL K. LISNERSKI ERIN C. QUAY ELIZABETH G. SKOREY JASON S. LITCHFIELD MICHELE V. ROSEN DAVID J. SOHL DANIEL S. LONGBONS ALISON S. SHULER SUSAN A. SPARKS CHRISTINA B. LUMBA MEREDITH M. STEINGOLD NOAH T. SPERNER CATHERINE A. LUNA SEAN M. SULLIVAN EMILY J. SPRAGUE CHRISTINE T. MACLAN CHAD C. TEMPLE CHRISTOPHER T. STEELE RODOLFO MADRID MICHAEL R. TORRISI ANDREW J. STEGALL CRAIG T. MALLOY LUKE A. WHITTEMORE NICOLE V. STEWART EDWARD A. MARTINEZ DELICIA G. ZIMMERMAN SANDRA SU JORGE E. MARTINEZ AMY N. SULOG JODIE L. MARTINO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHNATHAN L. SWIGER REYNALDA MCBEE TO THE GRADE INDICATED IN THE UNITED STATES NAVY JARED H. TAYLOR DANIEL S. MCCLURE UNDER TITLE 10, U.S.C., SECTION 624: MARCUS K. TAYLOR TRACY M. MCCULLOUGH To be lieutenant commander AYESSA B. TOLER SCOTT J. MCFADDEN BOBBIE J. TURNER DAVID J. MCINTIRE BRENT N. ADAMS STACIE L. TURNER CRISTY L. MCWETHY ROMAN G. ALLEN GEORGE W. VANCIL CHRISTIAN T. MELENDEZ JAMES B. AREA DAREN A. VERHULST KEVIN J. MICHEL KEARY L. ASHMORE VANCE T. VOGEL MERIDETH L. MILLER ANGELA J. BAKER MARK D. WAKEFIELD MICHELE L. MILLER JOHN R. BALENTINE III PETER B. WALKER SUSAN L. MOJICA CHARLES R. BANKS STACY J. WASHINGTON LONG N. NGUYEN KATHRYN A. BARBARA CHRISTY A. C. WEIMER STACY L. NILSEN DAVID G. BENTLEY WILFRED H. WELLS PAUL E. OBERTONE TAWANNA B. BLANCHE ARCELIA WICKER KRISTINA R. OLIVER CARLIS W. BROWN RUSSELL F. WIEGAND JACK A. PAGE BILLY S. BURK CHARLES R. WILHITE PRESCOTT R. PALMER TRAVIS N. CARR MAYA WILLIAMS CARLA A. PAPPALARDO TERESA CEBALLOSMCARTHUR SUZANNE J. WOOD REMY R. PASCUAL COLEMAN C. CHANDLER, JR. JEFFREY S. WORRELL SHAWN R. PASSONS TODD J. CHARLESWORTH HOWARD L. WRIGHT, JR. PAUL E. PELLINI MEGAN E. CLAUSEN EMILY L. ZYWICKE PENNY S. PEREZ CRYSTAL E. DAILEY COLLEEN M. PERLAKSOTO JAMIE M. DAUT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JESSICA M. PIPKIN MATTHEW D. DAUT TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOSEPH E. PLASSE RODERICK DAVIS, JR. UNDER TITLE 10, U.S.C., SECTION 624: RICHARD A. POZNIAK, JR. SUZANNE M. DECKER To be lieutenant commander ANGELICA M. PUCHA JAMAL DEJLI KENNETT D. RADFORD VICTOR M. DELATORRE TERESITA ALSTON MARDDI J. RAHN BRENT M. DENNIS MARJORIE W. BARNDT ANN M. RANIOWSKI MARCIANO A. DIAZ CASEY J. BURNS DAVID D. REDD DAVID J. DOLAN MITCHELL R. CHECCHI JAMES M. REILLY RAFAEL T. DOMINGO CAREY H. COLLINSDEISLEY FLOYD W. ROBINSON BRIAN D. ENGESSER MICHAEL B. FLANNERY JASON P. ROBINSON JANINE E. ESPINAL JOSEPH J. FRANZKE MARTYN G. ROTHERMEL BENJAMIN J. ESPINOSA FREDERIC GIAUQUE EDWARD SALAS JUSTIN B. EUBANKS BRACKEN R. GODFREY RODOLFO G. SANJUAN MYRON L. EVANS BENJAMIN M. GRAY MISTY D. SCHEEL CARLOS S. FAIRLEY KEVIN W. HAVEMAN HEATHER A. SHATTUCK JULIAN FERGUSON JOSHUA F. HENSON ELIZABETH J. SHAUBELL ROMMEL D. FLORES JEFFREY W. HILLEY MARTIN F. SHELL JOSEPH J. FORD, JR. SARAH T. LAWSON JOHN SINCLAIR AARON J. FRANK DAVID Z. LIU DENITA J. SKEET CHRISTOPHER N. GILMORE MAX P. MONCAYO LYNN M. SKINNER JINAKI S. GOURDINE ANABEL Y. NATALI JAMES C. SPRADLING PETER J. GRANT JOHN J. NEAL SEBASTIAN STACHOWICZ SHANNON L. GRANT SCOTT A. PASIETA LENA G. STEPHENS MICHAEL J. GREGORY RHONDA R. ROBERTS KATHRYN M. R. STEWART LASHELLE R. HAMILTON ANGELA M. ROLDANWHITAKER AMY M. STONE KIBWE A. HAMPDEN JENNIFER L. SMITH PIPER A. STRUEMPH BRETT H. HICKS RICHARD E. SWAJA CHRISTINA L. TELLEZ LONGCHAU D. HOANG RAYMOND F. TINUCCI JAMES C. TESSIER NICOLE HOFFMAN NICOLE G. WARD MONICA A. TONEY DARLA M. HOWELL KIRSTIN C. WIER TONY TORRES BRIAN M. HOWER ERIN K. ZIZAK SHANON F. TOTH ANNE M. JARRETT DEIRDRE C. TREADWAY AUTUMN P. JOHNSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MELISSA R. TRONCOSO WILLIAM L. JOHNSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY LEONARD C. TROTTER JOHN H. JONES II UNDER TITLE 10, U.S.C., SECTION 624: JIMMY S. TRUJILLO THOMAS C. JONES To be lieutenant commander JENNIFER C. TRZASKUS MATTHEW R. KASPER DONALD J. VEACH SEAN W. KELLEY KENRIC T. ABAN TARAIL VERNON NATHAN C. KINDIG THOMAS B. ABLEMAN RONALD W. WAGNER, JR. JO M. KITCHENS SHANNON P. ADAMS ALICIA J. WEISSGERBER SHANE W. KNISLEY JAVIER AGRAZ, JR. EDWARDO C. WELDON TAMARA L. KOCH ZACHARY I. ALBERT KIMBERLY A. WHITEHILL CODY L. LALLATIN KENNETH M. ALEA MALISSA D. WICKERSHAM THANH LE BILL D. ALEXANDER ROGER A. WILLIAMS BRENT S. LEVINGSTON KEITH A. ALFIERI CHARLES B. YOUNG MARY E. LINNELL LEE R. ALLEN LANE C. ZEITLER SHEKINAH L. MAGEE BRYAN T. ALVAREZ JAMES S. ZMIJSKI SUSAN MALBOEUF RUDOLF F. ALVEY MATTHEW P. MARCINKIEWICZ GREGORY J. ANDERSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KINAU Y. MCCOY STEVEN M. ANDERSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY DARION MCCULLOUGH STEVEN P. ARMBRUSTER UNDER TITLE 10, U.S.C., SECTION 624: DAVID M. MCETTRICK RYAN D. ARNOLD To be lieutenant commander IAN T. MCGUINNESS MARTIN A. ARRISUENO JARED A. MCKENDALL JOSHUA D. ARTHUR DOMINIC J. ANTENUCCI ROY A. MCKINNEY, JR. SCOTT A. ASAKEVICH CHERYL R. AUSBAND TRACY L. MCMONIGLE DENNIS A. AUTH ERIN M. BAXTER ALICE P. MOSS CHAD J. BAARSON MARYANN M. BRIDGES SHAWN A. MUSARRA JAMES R. BAILEY DEREK BUTLER AMANDA S. NEAL ROBIN K. BARENG ANDREW E. CARMICHAEL BILLY W. NEWMAN KATRINA R. BARNES LIAM A. CONNEL ANNMARIE A. NOAD ADAM B. BARRUS SARA R. DEGROOT TATANA M. OLSON DANIEL R. BEASLEY JONATHAN E. DOWLING ADELINE L. ONG JASON G. BECK JARED R. EDGAR EUGENE D. OSBORN SHAWN A. BELVERUD TIMOTHY M. FLINTOFT JOSEPH A. PHILLIPS DAVID A. BENSON JUSTIN L. HAWKS KARINE O. PIERRE JANE E. BENSON MATTHEW W. IVEY ERIC A. POLONSKY SHELBY S. BEST BARBARA A. KAGLE JOHN B. PRICE EVAN J. BILSTROM CHRISTOPHER P. KIMBALL NICHOLAS A. PUKISH DAVID L. BLACK TRACY D. KIRBY AMARJEET S. PUREWAL KRISTINA R. BLACKKRATOVIL BRIAN D. KORN LINH H. QUACH SHANNON R. BLACKMER PATRICK L. LAHIFF JET RAMOS KENNETH T. BLACKNER CHARLES M. LAYNE ELIZABETH C. RAPHAEL KEISHA N. BLAIR GEORGE W. LUCIER CORBIN M. REYNOLDS WILLIAM A. BOLLER KATHRYN D. MATT LYDIA R. ROBINSON MARK E. BOMIA MICHAEL J. MELOCOWSKY EFRAIN ROSARIO ARON R. BONEY MARY R. MURPHY JUAN N. ROSARIO MATTHEW J. BRADLEY GOPI J. NADELLA BALDOMERO J. SAGRADO TODD M. BRAGG DONALD R. OSTROM LUIS SANCHEZ APRIL L. BREEDEN GERALDO PADILLA MIGUEL A. SANTIESTEBAN RYAN B. BRENES

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 23, 2010 CONGRESSIONAL RECORD — SENATE S7435

TIMOTHY J. BRUEHWILER NEIL N. HINES LEIF L. PAULSEN KIM E. BURKE HEATHER L. HINSHELWOOD STEPHEN H. PEARSON MELISSA A. BURYK INGRID E. HODEN ADAM D. PERRY LYNN T. BYARS JAMES W. HODGES III LORI N. S. PERRY DANA H. CASH KELLYE A. HOFFMAN ANDREW I. PHILIP SEAN P. CAUFIELD WILLIAM W. HOOKS AARON T. POOLE JOHN M. CHILDS KHRISTINA J. HOOVER EVELYN M. POTOCHNY ALDEN V. CHIU JOSEPH T. HUMPHREY IAN D. POWELL JAMES CHUNG JASON L. T. HWANG JAMES D. PRAHL FRANCESCA M. CIMINO KATSUYA A. IIZUKA SCOTT G. PRITZLAFF STEPHEN D. COATS KAREN B. JACOBSON KRISTA M. PUTTLER PETER M. COLE CHRISTINA L. JAHNCKE BENJAMIN N. QUARTEY MONA M. COLIANNO SHERRY L. JILINSKI AARON D. REED DERRICK H. COLMENAR PAUL A. JIMENEZ GLENDA B. ROBLES CAMERON H. COLVIG MARC T. JOHANNSEN LEONARDO N. RODRIGUEZ ERIK J. CONDON CRYSTAL L. JONES DAVID M. ROGERS SEAN P. CONLEY NAZIMA N. KATHIRIA NICHOLAS C. CONNOLLY TAMARA C. KELLEY ELLIOT M. ROSS RANDY W. CONNOLLY TERRENCE M. KILFOIL FAYE M. ROZWADOWSKI SABRINA J. COOLEY MICHAEL B. KIM BRIANNA L. RUPP JENNEA A. CORREIA MICHAEL H. KINZER JESSE T. RYAN CAMILLE K. COWNE CHARLES C. KO SHEREE B. SAUNDERS GARFIELD CROSS JOSEPH G. KOTORA JOSEPH W. SCHMITZ EMILY L. CROSSMAN MORIAH S. KRASON AARON J. SCHUENEMAN HOWARD T. CUSICK MICHAEL J. KRZYZANIAK CHRISTOPHER SCHULTHEISS BRADLEY K. DEAFENBAUGH MATTHEW A. KUETTEL JANE SCRIBNER ADAM C. DEISING JACOB E. KURIAKOSE AMANDA R. SELF COURTNEY E. DEJESSO MARTIN KUS DANIEL J. SENGENBERGER KRISTINA M. DELAROSA JULIA M. KWAN ANIL N. SHAH ROBERT T. DENDALL ROBERT J. LACIVITA NISHA A. SHAH TARA T. DEVER JUSTIN P. LAFRENIERE MELISSA J. SINGER JENNIFER M. DEWEY JOHN E. LAIRD MARVIN J. SKLAR THOMAS J. DOUGLAS III JACQUELINE S. LAMME MICHAEL R. SMILEY BRIAN E. DOWNING RICHARD S. LANGTON JASON E. SMITH BRENT R. DRISKILL CARSON T. LAWALL KIMBERLY I. SMITH ERYN J. H. DUTTA ROBERT D. LAWSON BARBARA B. SPEER COLBY L. EDWARDS LANCE E. LECLERE JOEL R. SPENCER CHARLES L. EGAN JESSICA J. LEE JODI L. SPETH JOHN C. EHRMANN JASON R. LEFRINGHOUSE SHAWN P. SPOONER ADRIAN ELLIOTT JONATHAN S. LEIBIG REBECCA A. STABEN MICHAEL P. ELLIS STEPHEN L. LEWIS MICHAEL D. STARSIAK REBECCA J. ENSLEY SUNG J. LIM KARIS A. STENBACK TRAVIS M. ERICKSON THUY K. LIN CHRISTIAN M. SUTTER JONATHAN D. ERPENBACH DAYNA T. LOBRAICO RICHARD J. SWEENEY AMY K. EVANS ROBERT E. LOVERN VULIHN TA WILLIAM L. FALLS HENRY G. LUU JASON J. TANGUAY KENNETH M. FECHNER HERMAN O. LYLE BRADLEY M. TAYLOR TODD A. FELLARS TAKMAN E. MACK GRETCHEN E. THIEMECKE PAYTON G. FENNELL CHRISTINA L. MALEKIANI BEJOY G. THOMAS BRIAN A. FISCHER THADDEUS D. MAMIENSKI JENNIFER A. THOMAS CHRISTOPHER W. FOSTER ADRIENNE D. MANDEVILLE RACHEL E. THOMAS GREG S. FUHRER SHANNON M. MARCHEGIANI CHRISTA M. THOMASMA WENDY J. FULGUERAS APRIL S. MATIASEK SCOTT M. TINTLE MATTHEW E. GAFFIGAN MICHAEL C. MATTINGLY MEGAN A. TITAS SHAYLA K. GAITHER LUCAS S. MCDONALD ROBERT M. GALLAGHER GAVIN C. MCEWAN ROBERT W. TRACEY TERREL L. GALLOWAY ROBERT L. MELLON AMY C. TREWELLA MICHAEL A. GALUSKA NANCY L. MILLER MARK P. TSCHANZ DYNELA A. GARCIA KATHERINE E. MILROY DAVID J. TUNNELL SHAWN M. S. GARCIA JOSHUA W. MINYARD NATALIE B. B. TUSSEY JOSHUA P. GARLAND JON M. MONTGOMERY JAMES C. VALENTINE, JR. DOMINIC T. GOMEZLEONARDELLI DEEPTI S. MOON JOHANNAH K. VALENTINE JAROD E. GOODRICH JEREMY P. MOORE MARCEL M. VARGAS ERIC P. GOODSPEED TOD A. MORRIS JAIME VEGA JOHN C. GRADY JOSEPH J. MUELLER TORRIN W. VELAZQUEZ MICHAEL S. GREEN, JR. THOMAS J. MURPHY II DIANE M. VROENEN TREVOR T. GREEN KEVIN M. NASKY KYLIE L. WAINER NATHANIEL V. GREENWOOD MEGHANN E. NELLES ROBERT A. WALTZ TODD E. GREGORY NEELY N. NELSON TYLER E. WARKENTIEN STEVEN D. GRIJALVA SARA C. NELSON ERIC L. WENG ERIK T. GROSSGOLD STACEY C. OLNEY JANET M. WEST STACEY M. GRUBER CHRISTINA A. OLSON WILLIAM L. WHITING GEORGE HAHM DANA J. ONIFER VAN A. WILLIS JAMES E. HAMMOND LISA M. PALACHECK ADDISON G. WILSON, JR. KATHRYN H. HANNA ANDREW M. PARAD NELLY Z. WILSON JAMES A. HARTWELL SANGHEE D. PARK KELLY A. YANNIZZI HEATHER J. HAVENER SCOTT C. PARRISH HANFORD K. YAU REED M. HECKERT ANDREW J. PASETTI ERIC H. YEUNG PATRICK M. HENDERSON MERCEDES I. PATEE LISA A. ZALESKI LANCE R. HENNINGER MANISH G. PATEL MARK C. ZELLER MARYJO J. HESSERT GUILLERMO E. PATINO FRANKLIN R. ZUEHL

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S23SE0.REC S23SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE