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

Vol. 156 WASHINGTON, THURSDAY, JANUARY 21, 2010 No. 7 Senate The Senate met at 9:30 a.m. and was a Senator from the State of New York, to by the Nigerian terrorist, Umar Fa- called to order by the Honorable perform the duties of the Chair. rouk Abdulmutallab. This testimony KIRSTEN GILLIBRAND, a Senator from ROBERT C. BYRD, was troubling indeed and left some the State of New York. President pro tempore. wondering why the administration is Mrs. GILLIBRAND thereupon as- subjecting this terrorist to criminal PRAYER sumed the chair as Acting President prosecution instead of gaining the val- The PRESIDING OFFICER. Today’s pro tempore. uable intelligence that is needed in our prayer will be offered by Alan Keiran, f war on al-Qaida. Admiral Dennis Blair, the Director of the Chaplain’s chief of staff. RECOGNITION OF THE MINORITY National Intelligence, stated quite The guest Chaplain offered the fol- LEADER lowing prayer: frankly that the Christmas Day bomb- Let us pray. The ACTING PRESIDENT pro tem- er should have been questioned by the Most gracious God, the source of all pore. The minority leader is recog- High Value Detainee Interrogation light and wisdom, give to our law- nized. Group. Blair went on to say that nei- makers renewed powers to honor You Mr. MCCONNELL. Madam President, ther he nor other important intel- in this national Chamber of delibera- I thank the majority leader for giving ligence officials were even consulted on tion. Help them to find a clear path me a chance to make my very brief the matter. This raises several trou- through the tangled maze of these opening remarks, as I must leave the bling questions: First, why were Mi- challenging times. Give them a con- building shortly. randa rights given to the obvious ter- suming passion not for their own way f rorist after only a brief session of ques- tioning, which predictably ended his but for Your holy will. Lord, empower SENATOR-ELECT SCOTT BROWN our Senators to meet the stupendous cooperation? dimensions of these epic days with Mr. MCCONNELL. Mr. President, the Second, at what level of authority courage and faith. Give them receptive Senate’s newest Member is coming was this decision taken to treat him as minds to follow Your guidance each down from Massachusetts today. We a criminal defendant instead of an un- step of the way. We pray in Your sa- will have a chance to welcome Senator- lawful enemy combatant? Who made cred Name. Amen. elect BROWN to the Capitol. Obviously, that decision? we are delighted to have him. I asked this question last night of f Senator-elect BROWN has captured John Brennan, the President’s senior PLEDGE OF ALLEGIANCE the attention of the entire country, but counterterrorism adviser, three times, he has captured the attention of Mas- and he refused to answer. I think the The Honorable KIRSTEN GILLIBRAND sachusetts voters first. The people of led the Pledge of Allegiance, as follows: Senate is entitled to know precisely Massachusetts sent a very strong mes- who authorized this. I pledge allegiance to the Flag of the sage. They were looking for someone A year ago, the President decided to United States of America, and to the Repub- who would help change the direction in lic for which it stands, one nation under God, revise the Nation’s interrogation poli- indivisible, with liberty and justice for all. Washington. They put their hope in the cies and to restrict the CIA’s ability to candidate whose views reflected the question terrorists. The administration f kind of change they were looking for. created a High Value Detainee Interro- APPOINTMENT OF ACTING So we welcome Senator-elect BROWN gation Group precisely for the purpose PRESIDENT PRO TEMPORE to the Senate, and we look forward to of questioning terrorists. Why wasn’t working with him to bring about the The PRESIDING OFFICER. The this group brought in once this ter- change that Americans are telling us rorist was taken into custody? clerk will please read a communication they want. We need to show them we to the Senate from the President pro Americans are going to need to know are listening. the answers to those questions. tempore (Mr. BYRD). The bill clerk read as follows: f I yield the floor. f U.S. SENATE, NATIONAL SECURITY PRESIDENT PRO TEMPORE, Mr. MCCONNELL. Madam President, RECOGNITION OF THE MAJORITY Washington, DC, January 21, 2010. LEADER To the Senate: yesterday, several members of the ad- Under the provisions of rule I, paragraph 3, ministration’s national security team The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby testified before the Senate concerning pore. The majority leader is recog- appoint the Honorable KIRSTEN GILLIBRAND, the attempted Christmas Day attack nized.

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

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VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.000 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S62 CONGRESSIONAL RECORD — SENATE January 21, 2010 SENATOR-ELECT SCOTT BROWN up to 10 minutes each. That time will that on health care, as well as on clean Mr. REID. Madam President, I had a be equally divided and controlled be- energy, debt reduction, and immigra- good conversation with Senator-elect tween the two leaders or their des- tion, for example, Republicans have SCOTT BROWN yesterday. He is coming ignees. The Republicans will control been offering the following alternative to Washington today. I look forward to the first half; the majority will control to 1,000-page bills: going step by step in visiting with him. We have a time set the final half. Following morning busi- the right direction to solve problems in for him to come by my office. ness, the Senate will resume consider- a way that re-earns the trust of the In my conversation with him, he ation of H.J. Res. 45, a joint resolution American people. Comprehensive immigration, com- seemed very pleasant and excited about increasing the statutory limit on the prehensive climate change, and com- coming to Washington, which I am sure public debt. Currently, we have three prehensive health care bills have been he is. We talked about his daughter amendments pending. We hope we can well intended, but the first two fell of going to Syracuse and the fact that reach short time agreements so we can schedule votes on these amendments. their own weight, and health care, if JOE BIDEN graduated from Syracuse, enacted, would be a historic mistake and he knew that. I look forward to our f for our country and a political kami- meeting with him. MEASURE PLACED ON kaze mission for Democrats. f CALENDAR—S. 2939 What has united most Republicans against these three bills has not only THE NIGERIAN TERRORIST Mr. REID. Madam President, I under- been ideology but also that they were stand that S. 2939, which was intro- Mr. REID. Madam President, I will comprehensive. As might duced by Senator DEMINT, is at the speak briefly on the statement of my write: ‘‘The Congress. Does. Not. Do. desk and is due for a second reading. friend, the senior Senator from Ken- Comprehensive. Well.’’ tucky, about the Nigerian terrorist. The ACTING PRESIDENT pro tem- Two recent articles help explain the The one thing we need not do is po- pore. The clerk will read the title of difference between the Democratic liticize the fight against terrorism. the bill for a second time. comprehensive approach and the Re- John Brennan did testify yesterday in The bill clerk read as follows: publican step-by-step approach. our classified briefing. It was classi- A bill (S. 2939) to amend title 31, United The first, which appeared in the new fied. The things that took place there States Code to require an audit of the Board journal, , and was writ- should be classified. People should not of Governors of the Federal Reserve System ten by William Schambra of the Hud- and the Federal Reserve banks, and for other son Institute, explains the ‘‘sheer am- be talking about it. The reason that is purposes. the case is that we want people who bition’’ of President Obama’s legisla- come to classified briefings to be able Mr. REID. Madam President, I object tive agenda as the approach of what to speak freely. to any further proceedings on this bill Mr. Schambra calls a ‘‘policy Presi- We have had a long history in our at this time. dent.’’ country of people who commit crimes The ACTING PRESIDENT pro tem- Mr. Schambra says the President and on our territory in the United States pore. Objection is heard, and the bill most of his advisers have been trained being tried in the United States, in- will be placed on the calendar under at elite universities to govern by cluding Richard Reid, the shoe bomber. rule XIV. launching ‘‘a host of enormous initia- It isn’t as if this is the first time some- f tives all at once . . . formulating com- prehensive policies aimed at giving thing like this happened. Even though RESERVATION OF LEADER TIME they are proceeding under civil courts, large social systems—and indeed soci- they can always drop back and fall into The ACTING PRESIDENT pro tem- ety itself—more rational and coherent the category of war criminals if, in pore. Under the previous order, leader- forms of functions.’’ fact, that choice is made. Just because ship time is reserved. This is governing by taking big bites of several big apples and trying to they are going forward in this manner f today doesn’t mean they cannot drop swallow them all at once. In addition, back in some other manner at a subse- MORNING BUSINESS according to Mr. Schambra, the most quent time. The ACTING PRESIDENT pro tem- prominent organizational feature of the Obama administration is its reli- Even though I don’t like to discuss pore. Under the previous order, there ance on ‘‘czars’’—more than the Roma- what went on in a closed briefing, in a will now be a period of morning busi- novs, said one blogger—to manage classified setting, I was there from the ness for 1 hour, with the time equally broad areas of policy. In this view, sys- very beginning to the very end of Mr. divided and controlled between the two temic problems of health care, of en- Brennan’s presentation. I never heard leaders or their designees, with Sen- ergy, of education, and of the environ- him refuse to answer. In fact, he an- ators permitted to speak for up to 10 ment simply can’t be solved in pieces. swered the question that was asked in minutes each, with the Republicans Analyzing the article, David Broder a number of different ways by my controlling the first half and the ma- of the Washington Post wrote this: friend, the Republican leader, and an- jority controlling the final half. The Senator from Tennessee is recog- Historically, that approach has not other Republican Senator. So if there worked. The progressives failed to gain more are any questions about anything that nized. than a brief ascendency and the Carter and Mr. Brennan had to say, I hope that f Clinton presidencies were marked by strik- those questions will be asked directly ing policy failures. to him. We have had some open hear- HEALTH CARE The reason for these failures, as ings. Mr. ALEXANDER. Madam President, Broder paraphrased Schambra, is that My point is that there is a war on during our recent health care debate I ‘‘this highly rational comprehensive terror taking place now. I tried to be as heard a number of times from our approach fits uncomfortably with the supportive of President Bush during his friends on the other side of the aisle Constitution, which apportions power years as President when this was going this question: What are Republicans among so many different players.’’ on after 9/11. I hope my Republican col- for? Broder then adds this: leagues will be supportive of President Well, they will wait a long time if Democracy and representative government Obama. This is not a partisan issue. they are waiting for the Republican are a lot messier than the progressives and f leader, Senator MCCONNELL, to roll their heirs, including Obama, want to admit. into the Senate a wheelbarrow filled James Q. Wilson, a scholar, writing SCHEDULE with a 2,700-page Republican com- in a memorial essay honoring Irving Mr. REID. Madam President, this prehensive health care bill or, for that Kristol in a morning, following leader remarks, the matter, a 1,200-page climate change bill few months ago, says the law of unin- Senate will proceed to a period of or a 900-page immigration bill. tended consequences is what causes the morning business for an hour, with If you have been listening carefully failure of such comprehensive legisla- Senators allowed to speak therein for to the Senate debate, you will know tive schemes. Explains Wilson:

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.001 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S63 Launch a big project and you will almost to pool their resources to purchase Human experience has always taught surely discover that you have created many health plans; No. 2, reducing junk law- that enough small steps in the right di- things you did not intend to create. suits against doctors; No. 3, allowing rection is one good way to get you Wilson also writes that the purchase of insurance across State where you want to go and also a good , as Kristol originally lines; No. 4, expanding health savings way along the way to avoid many un- conceived of it in the 1960s, was not an accounts; No. 5, promoting wellness expected and unpleasant consequences. organized ideology or even necessarily and prevention; and No. 6, taking steps Tuesday’s election in Massachusetts conservative, but ‘‘a way of thinking to reduce waste, fraud, and abuse. We is the latest reminder that the Amer- about politics rather than a set of prin- offered these six proposals in complete ican people are tired of risky, com- ciples and rules. . . . It would have legislative text. It totaled 182 pages, all prehensive schemes featuring taxes, been better if we had been called policy 6. The Democratic majority rejected debt, and Washington takeovers, as skeptics.’’ all six of our proposals and ridiculed well as lots of hidden and unexpected The skepticism of Schambra, Wilson, the approach, in part because our ap- surprises. It is time to declare that the and Kristol toward grand legislative proach was not comprehensive. era of the 1,000-page bill is over or the policy schemes helps to explain how Take another example. In July, all 40 era of the 2,000-page bill is over or the the law of unintended consequences has Republican Senators announced agree- era of the 2,700-page bill is over. A wise made being a member of the so-called ment on 4 steps to produce low-cost, approach would be to set a clear goal, ‘‘party of no’’ a more responsible clean energy and create jobs: No. 1, cre- such as reducing health care costs, ate 100 new nuclear powerplants or at choice than being a member of the so- take a few steps in that direction and least the environment in which they called party of ‘‘yes, we can’’—if these then a few more so that we can start could be built; No. 2, electrify half our three recent comprehensive bills on solving the country’s problems in a cars and trucks; No. 3, explore offshore health care, climate change, and immi- way that reearns the trust of the for natural gas and oil; and No. 4, dou- gration are the only choices. American people. Madam President, it is arrogant to ble energy research and development for new forms of energy. This step-by- Madam President, I ask unanimous imagine that 100 Senators are wise consent to have printed in the RECORD enough to reform comprehensively a step Republican clean energy plan is an alternative to the Kerry-Boxer na- an article from the Wall Street Journal health care system that constitutes 17 of Monday, September 21, written by percent of the world’s largest economy tional energy tax which would impose an economy-wide cap-and-trade James Q. Wilson, an article by David and affects 300 million Americans of Broder from the Washington Post of disparate backgrounds and cir- scheme, driving jobs overseas looking for cheap energy and collecting hun- September 24, and an article from the cumstances. magazine National Affairs written by How can we be sure, for example, dreds of billions of dollars each year for a slush fund with which Congress can William Schambra. that one unintended consequence of There being no objection, the mate- spending $2.5 trillion more for health play. Here is another example. In 2005, a bi- rial was ordered to be printed in the care over 10 years will not be higher partisan group of us in Congress asked RECORD, as follows: costs and more debt? Won’t new taxes the National Academies to identify the [From the Wall Street Journal, Sept. 21, be passed along to consumers, raising first 10 steps Congress should take to 2009] health insurance premiums and dis- preserve America’s competitive advan- A LIFEINTHEPUBLIC INTEREST couraging job growth? Won’t charging tage in the world so we could keep (By James Q. Wilson) insolvent States $25 billion over 3 years growing jobs. The academies appointed for a Medicaid expansion raise State not only helped change the a distinguished panel, including now- country, he changed lives. He certainly taxes and college tuitions? Ask any Secretary Chu, that recommended 20 changed mine. Governor. And how can a Senator be so such steps. Congress enacted two- When I was a young faculty member at sure that some provision stuck in a thirds of them. The America COM- Harvard, I learned that he, along with Daniel 2,700-page partisan bill in secret meet- PETES Act of 2007, as we call it, was Bell, had just created The Public Interest. I wrote him to say how enthused I was to find ings and voted on during a snowstorm far-reaching legislation, but it was at 1 a.m. will not come back around a magazine that published serious but jar- fashioned step by step. gon-free essays in which scholars analyzed and slap him or her in the face, such as Another example. When I was Gov- trying to explain why Nebraska got a public policy. Irving called back to invite me ernor of Tennessee in the 1980s, my to join him and his wife, Gertrude cornhusker kickback to pay for its goal was to raise family incomes for Himmelfarb, for dinner when I was next in Medicaid expansion and my State did what was then the third poorest State. New York City. not? As I went along, I found that the best I was overwhelmed. The founding editor of James Q. Wilson also wrote in his way to move toward that goal was step an important magazine was inviting an un- essay that respect for the law of unin- by step—some steps smaller, some known young writer to have dinner with tended consequences ‘‘is not an argu- steps larger—such as changing banking him. I went as soon as I could. It was a nice meal, and Irving asked me to ‘‘write some- ment for doing nothing, but it is one, laws, defending right-to-work policies, in my view, for doing things experi- thing’’ for the journal. ‘‘Write what?’’ I re- keeping debt and taxes low, recruiting plied. ‘‘I will send you a government report mentally. Try your idea out in one Japanese industry, and then the auto you should discuss,’’ he suggested. He did, place and see what happens before you industry, building four-lane highways and I wrote about it for the magazine’s sec- inflict it on the whole country,’’ he so suppliers could get to the auto ond issue. My piece was, at best, pedestrian, suggests. plants, and then a 10-step better but I was hooked. If you will examine the CONGRES- schools program, 1 step of which made Reading the magazine became the center SIONAL RECORD, you will find that Re- Tennessee the first State to pay teach- of my nonteaching life. I learned what Pat publican Senators have been following ers more for teaching well. I did not Moynihan, Robert Nisbet, Jacques Barzun, Mr. Wilson’s advice, proposing a step- Martin Diamond, Daniel Bell, Nathan Glazer, try to turn our whole State upside James Coleman, Peter Drucker and count- by-step approach to confronting our down all at once, but working with less others thought about public policy. It Nation’s challenges 173 different times leaders in both parties, I did help it was a new world: Thoughtful people with during 2009. May I say that again? Dur- change and grow step by step. Within a real knowledge were discussing public policy ing 2009, Republican Senators, 173 dif- few years, we were the fastest growing at a time, the mid-1960s, when the federal ferent times on the floor of the Senate, State in family incomes. government was acting as if anything were have proposed a step-by-step approach According to a recent survey by On possible. toward health care and other of our Message Inc., 61 percent of Independ- These writers were discussants, not pun- Nation’s challenges. ents, 60 percent of ticket splitters, and dits. They wrote long essays (happily, free of On health care, for example, we first footnotes) analyzing which policies might 77 percent of Republicans answered yes work and which would not. They did not suggested setting a clear goal; that is, to the following question: I would rath- utter slogans, they assumed there were intel- reducing costs. Then we proposed the er see Congress take a more thoughtful ligent readers out there, and for the most first six steps toward achieving that step-by-step approach focusing on com- part did not embrace a party line. A maga- goal: No. 1, allowing small businesses monsense reforms. zine that later was said to be the founding

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.002 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S64 CONGRESSIONAL RECORD — SENATE January 21, 2010 document of the neoconservative movement In time I think The Public Interest began on rational analysis, rather than narrow de- published work by Robert Solow, James to speak more in one voice and the number cisions, on everything from missile defense Tobin, Christopher Jencks, Charles Reich, of liberals who wrote for it declined. Every to Afghanistan—and all the big issues at Charles Lindblom and many other con- magazine acquires a character just as every home. spicuous nonconservatives. human has a personality. That character was ‘‘In one policy area after another,’’ It was the right moment. President Lyn- sharpened and reinforced by the cultural rev- Schambra writes, ‘‘from transportation to don Johnson was trying to create a new po- olution of the late 1960s, which required of science, urban policy to auto policy, Obama’s litical era by asking the government to do liberal skeptics that they become not merely formulation is virtually identical: Selfish- things that not even Franklin Roosevelt had critics of ill-advised policies but defenders of ness or ideological rigidity has led us to look endorsed, and to do it in a period of pros- the nation to which those policies might at the problem in isolated pieces . . . we perity. The large majorities his party had in apply. must put aside parochialism to take the long Congress as a result of Johnson’s decisive de- Irving Kristol’s talents were remarkable: systemic view; and when we finally formu- feat of in 1964 made it pos- He did for The Public Interest what he had late a uniform national policy supported by sible to create Medicare and Medicaid and to earlier done for Commentary, the Reporter empirical and objective data rather than adopt major federal funding for local school and Encounter—find good people and induce shallow, insular opinion, we will arrive at so- systems. He created the Department of them to say important things even when it lutions that are not only more effective but Transportation and the Department of Hous- did not improve the revenues of the maga- less costly as well. This is the mantra of the ing and Urban Development. Johnson him- zine. The Public Interest always relied on fi- policy presidency.’’ self called what he was doing the creation of nancial support from a few friends and rarely a ‘‘Great Society.’’ sold more than 12,000 copies. That didn’t [From National Affairs] I was a small part of that world. I chaired bother Irving at all: What counts is who OBAMA AND THE POLICY APPROACH a White House task force on crime for the reads it, not how many read it. And for 40 (By William Schambra) president. It was a distinguished panel but years a lot of important people did read it. after much effort we made very few useful Nine months into his tenure, the patterns I was upset when the magazine ceased recommendations. It slowly dawned on me of President Barack Obama’s style of gov- being published in the spring of 2005. With that, important as the rising crime rate was, erning are becoming clear. Obama had no ex- others I struggled to find a new home. There nobody knew how to make it a lot smaller. ecutive experience when he took the presi- were some good possibilities for a new ven- We assumed, of course, that the right policy dential oath last winter—but he did come in ture, but in time Irving said no, ‘‘Forty was to eliminate the ‘‘root causes’’ of crime, with a particular idea of what politics and years is enough.’’ And now for Irving, 89 but scholars disagreed about what many of government are for, and how they ought to those causes were and where they did agree years is enough—he died Friday of lung can- work. It is a view grounded in Progressive they pointed to things, such as abusive fami- cer. Losing him is like losing your favorite politics, and shared by a number of Demo- lies, about which a democratic government uncle: A wise and cheerful man who knew so cratic chief executives in recent decades. But can do very little. much about so many things and would al- Obama has articulated it, and his adminis- The view that we know less than we ways help you out. tration has embodied it, more fully than thought we knew about how to change the most. human condition came, in time, to be called [From the Washington Post, Sept. 24, 2009] Perhaps the most distinctive political neoconservatism. Many of the writers, my- MR. POLICY HITS A WALL characteristic of the Obama administration thus far is the sheer ambition of its early self included, disliked the term because we (By David S. Broder) legislative agenda, which seeks to move a did not think we were conservative, neo or A new publication came across my desk paleo. (I voted for John Kennedy, Lyndon host of enormous initiatives all at once. The this week containing an essay that offers as administration’s most prominent organiza- Johnson and Hubert Humphrey and worked good an insight into President Obama’s ap- in the latter’s presidential campaign.) It tional feature, meanwhile, is its reliance on proach to government as anything I have issue ‘‘czars’’ to manage broad areas of pol- would have been better if we had been called read—and is particularly useful in under- policy skeptics; that is, people who thought icy. By the end of his first summer in office, standing the struggle over health-care re- Obama had named some 35 such policy super- it was hard, though not impossible, to make form. useful and important changes in public pol- intendents—‘‘more czars than the Roma- The publication is called National Affairs, novs,’’ as one blogger quipped—overseeing icy. and its advisory board is made up of noted Whatever the authors were called, their matters ranging from health-care reform, conservative academics from James W. best essays reflected one general view: Let us energy, and regulation to stimulus account- Ceaser to James Q. Wilson. The article that use social science to analyze an existing pol- ability, corporate executive compensation, caught my eye, ‘‘Obama and the Policy Ap- icy to see if it works at a reasonable cost. cyber security, and the Great Lakes. proach,’’ was written by William Schambra, This meant that these writings were back- Both his ambition and his unique style of director of the ’s Bradley ward looking in a world when liberals were issue management show that Obama is em- Center for Philanthropy and Civic Renewal. relentlessly forward looking. If you look phatically a ‘‘policy approach’’ president. Schambra, like many others, was struck carefully at what has been done rather than For him, governing means not just address- by the ‘‘sheer ambition’’ of Obama’s legisla- announce boldly what ought to be done, you ing discrete challenges as they arise, but for- tive agenda and by his penchant for central- will be called, I suppose, a conservative. We mulating comprehensive policies aimed at izing authority under a strong White House were lucky, I imagine, not to be called giving large social systems—and indeed soci- staff replete with many issue ‘‘czars.’’ reactionaries. ety itself—more rational and coherent forms Irving Kristol smiled through all of this. Schambra sees this as evidence that and functions. In this view, the long-term, He did not care what we were called and he ‘‘Obama is emphatically a ‘policy approach’ systemic problems of health care, education, gave to one of his published collections of es- president. For him, governing means not just and the environment cannot be solved in says the title, ‘‘Neoconservativism: the addressing discrete challenges as they arise, small pieces. They must be taken on in Autobiography of an Idea.’’ He explained but formulating comprehensive policies whole, lest the unattended elements react why that tendency differs from traditional aimed at giving large social systems—and in- against and undo the carefully orchestrated conservatism: Neoconservatism is not an ide- deed society itself—more rational and coher- policy measures. ology, but a ‘‘persuasion.’’ That is, it is a ent forms and functions. In this view, the The ‘‘policy approach’’ Obama seems to be way of thinking about politics rather than a long-term, systemic problems of health care, embracing was best articulated by Daniel set of principles and rules. If education, and the environment cannot be Patrick Moynihan in his classic essay ‘‘Pol- neoconservatism does have any principle, it solved in small pieces. They must be taken icy vs. Program in the 1970s,’’ published in is this one: the law of unintended con- on in whole.’’ the Summer 1970 issue of The Public Inter- sequences. Launch a big project and you will He traces the roots of this approach to the est. ‘‘A policy approach to government,’’ almost surely discover that you have created progressive movement of the late 19th and Moynihan wrote, begins ‘‘by seeking to en- many things you did not intend to create. early 20th centuries, when rapid social and compass the largest possible range of phe- This is not an argument for doing nothing, economic change created a politics domi- nomena and concerns.’’ This means, to begin but it is one, in my view, for doing things ex- nated by interest-group struggles. The pro- with, that ‘‘everything relates to every- perimentally. Try your idea out in one place gressives believed that the cure lay in apply- thing,’’ and therefore that ‘‘there are no so- and see what happens before you inflict it on ing the new wisdom of the social sciences to cial interests about which the national gov- the whole country. the art of government, an approach in which ernment does not have some policy or I recall when Nathan Glazer and I spoke at facts would heal the clash of ideologies and other.’’ But these policies cannot simply a conference on neoconservatism organized narrow constituencies. consist of discrete interventions meant to by The Partisan Review. Nat and I made all Obama—a highly intelligent product of address particular concerns. Public prob- of these points about caution, experimen- elite universities—is far from the first lems, arising in intricate social systems, are tation and unintended consequences only to Democratic president to subscribe to this ap- just too complex for that. Instead, policy be told by one of the Review’s editors that proach. Jimmy Carter, and especially Bill should aim to give the system as a whole the this was not enough: To be serious about pol- Clinton, attempted to govern this way. But proper shape, and then the elaborate array of itics, one had to have an organized ideology. Obama has made it even more explicit, regu- programs, rules, incentives, pressures, and Well, the Review certainly did. larly proclaiming his determination to rely intentions will better fall into place.

VerDate Nov 24 2008 01:43 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.004 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S65 Writ large, this approach suggests that nomenon is indissolubly linked to every accreted to the point that we now had rea- government exists not to attend to the var- other.’’ sonable assurance of bending society and ious problems in the life of a society, but to The professional social scientist—the econ- economy to our will, he argued. And the take up society itself as a problem—and im- omist, sociologist, psychologist, and polit- project of reform was attracting larger seg- prove it. The consequent expansion of the ical scientist—now had a critical role to play ments of the middle class—who, benefiting reach of government, proponents of this view in society because, as Haskell points out, ‘‘it from expanding higher education, were intro- contend, is not driven by anything as crude was largely through his explanatory prowess duced to the allure of the ‘‘independence of as presidential ambition or ‘‘socialist’’ ide- that men might learn to understand their judgment, esoteric knowledge, and immu- ology. It is simply a realistic and pragmatic complex situation, and largely through his nity to outside criticism that characterize response to the inexorable demands of the predictive ability that men might coopera- professionals.’’ Public policy now tended to web of social reality. tively control society’s future.’’ As the respond not to social movements, but rather To address social problems this way, the prominent Progressive (and founder of the to the concerns of the professionals—not policymaker must put himself outside the New Republic) Herbert Croly put it, ‘‘in the only because of their superior expertise, but circle of those whom he governs, and, in- more complex, the more fluid, and the more also because they were reaching a critical formed especially by social science, see be- highly energized, equipped, and differen- mass within the institutions of government yond their narrow clashing interests. This tiated society of today,’’ the ‘‘cohesive ele- and the economy. presents a problem in the politics of a de- ment’’ would be ‘‘the completest social Political scientist Samuel Beer summa- mocracy, of course, since most citizens (and record,’’ which could be assembled only by rized the increasingly autonomous role the self-interested politicians they elect) ei- social-science experts ‘‘using social knowl- played by experts in the Great Society and ther are baffled by or deliberately ignore so- edge in the interest of valid social purposes.’’ subsequent administrations as ‘‘the techno- cial complexity and interrelatedness. The re- This conviction became the basis for the cratic takeover.’’ As he put it, with all major sulting truncated policies, reflecting Progressive political movement in early contemporary policy problems, ‘‘it has been, unenlightened popular prejudices or arbi- 20th-century America. The politics of that in very great measure, people in government trary ideologies, tend to make a hash of the era seemed dangerously corrupt and tumul- service, or closely associated with it, acting underlying network of causes and effects. tuous, with politicians either despoiling the on the basis of their specialized and tech- The practitioner of the policy approach must public for personal and constituent enrich- nical knowledge, who first perceived the gently chide these citizens and politicians ment or roiling public opinion with radically problem, conceived the program, initially for their short-sightedness. He must insist divisive new ideologies like socialism. In urged it on the president and Congress, went that they put away their childish things, and tones resembling Obama’s rhetoric today, on to help lobby it through to enactment, get down to the hard and serious work of at- the Progressives condemned such behavior as and then saw to its administration.’’ tending to the complicated causes of soci- short-sighted, parochial, and irresponsible. The professionalization of reform and tech- ety’s problems. And he must recruit to his These reckless political practices, they ar- nocratic takeover went beyond government administration a cadre of experts who can gued, ignored growing social interdepend- boundaries, however. As Hugh Heclo, Lester detect those causes—experts professionally encies that demanded empirically grounded, Salamon, and other scholars have observed, trained in the natural or social sciences, objective, far-sighted decisions focused on much of the expansion of federal programs in which alone enable us to fully grasp social the larger national interest. the Great Society and beyond involved not complexity and to design appropriate inter- Progressivism’s solution was to shift the adding more federal bureaucrats, but rather ventions. administration of public affairs out of the subsidizing third-party providers at lower Hence policy czars, mandated to follow the hands of citizens and politicians still in the levels of government and throughout the causal threads wherever they may lead, pass- thrall of fragmented (and therefore dysfunc- non-profit sector. These institutions, too, ing freely across the anachronistic and arbi- tional) views of social reality, and into the took on a professional cast, as they recruited trary boundaries of executive departments hands of a new professional class steeped in experts to design, execute, evaluate, and re- without undue concern for political turf. the social sciences. They alone could formu- port on the federal programs for which they Hence Obama’s ill-concealed frustration with late coherent intellectual maps of an inter- were responsible. They also inevitably be- what he so often calls the ‘‘tired old argu- related world, and interventions sophisti- came advocates for sustained government ments’’ that compose our day-to-day poli- cated enough to bend the causal chains in support for their services. Private charitable tics. Hence also the immense ambition of his the desired direction. In Croly’s words, Pro- foundations, which had previously been first-year agenda—and the immense obsta- gressivism believed that a ‘‘better future mainstays of support for non-profit service cles and complications he will no doubt face would derive from the beneficent activities providers, now chose instead to join them in as he moves forward. of expert social engineers who would bring to pushing for increased government funding of the service of social ideals all the technical services. Philanthropy was then left free to THE SCIENCE OF GOVERNMENT resources which research could discover and fund experimental projects that would blaze The ideal of the policy presidency is deeply ingenuity could devise.’’ trails for yet more government programs. rooted in the enduring American Progressive Progressive doctrine—particularly as ex- Over time, ‘‘issue networks’’ (to use movement, and particularly in its under- tended and elaborated in President Franklin Heclo’s term) began to develop, linking gov- standing of the social sciences. In the late Roosevelt’s New Deal and President Lyndon ernment bureaucrats, congressional staff, 19th and early 20th centuries, new economic Johnson’s Great Society—thus demanded the non-profit administrators, foundation pro- and technological developments—factory centralization of political power in the gram officers, and policy advocates around a production, mass markets, railroads, the American presidency and its bureaucratic shared interest in specific policy areas. telegraph and telephone—shattered the old apparatus, organized according to the ration- Though they didn’t always agree on policy boundaries of what historian Robert Wiebe al and orderly doctrines of scientific man- particulars, Heclo maintains, they shared a aptly called our ‘‘island communities.’’ In- agement and public administration. Progres- ‘‘common language for discussing the issues, stead, we seemed to be increasingly inter- sive reformers throughout the 20th century a shared grammar for identifying the major twined, our existence affected by distant de- came to denigrate the wisdom and relevance points of contention, a mutually familiar velopments whose ramifications arrived un- of the American Constitution, which frus- rhetoric of argumentation.’’ These networks bidden in our lives through steel rail and trated centralization and coordination by would provide quiet but self-sustaining mo- copper wire. dispersing governing power across the states mentum for federal programs, even in the That growing interdependence, writes and over the branches of government. Once face of hostile presidents. Thomas Haskell in The Emergence of Profes- thought essential to American freedom, Frank Baumgartner and Christine sional Social Science, meant that the ‘‘effec- these institutions now came to be seen as Mahoney have argued that as new govern- tive cause of any event or condition . . . be- impediments to coherent national govern- ment initiatives were established, ‘‘the pro- came more contingent and more difficult to ance. grams and spending associated with them trace.’’ Everyday common sense now failed The apogee of social science’s influence in generated new interests themselves, as af- to explain the world, which seemed to be American public life came with Johnson’s fected constituencies, service providers, and shaped instead by ‘‘long chains of causation Great Society and its vast proliferation of others entered into long-term relations with that stretched off into a murky distance.’’ professionally designed programs to address the government officials responsible for Human behavior was no longer directed by housing, poverty, education, urban affairs, these new programs.’’ As Michael Greve ex- autonomous moral choice, but rather by ‘‘a and other public problems. ‘‘There was a pre- plains, even the Reagan administration even- host of determinants external to the con- vailing faith that social science could diag- tually gave up trying to make a dent in fed- scious mind.’’ For the early Progressives, nose the causes of human problems and de- eral support for liberal advocacy groups, con- this brought into question the ideal of the velop sound and effective public policy cluding that ‘‘defending was a fight it could free, self-governing, and personally respon- cures,’’ note Calvin Mackenzie and Robert not win without mounting an extraordinary sible human being and citizen. And it led to Weisbrot in their history of the 1960s. effort,’’ and that ‘‘government funding of ad- the elevation of those equipped with sciences This brought on what Moynihan (in the vocacy groups had become too deeply of society that promised to trace the chains first issue of The Public Interest, in 1965) engrained in the structure of American gov- of causation into the murk—those who ap- called ‘‘the professionalization of reform.’’ ernment.’’ preciated, as sociologist Lester Frank Ward The expert class had become persuaded that Thus, the policy approach to governing, put it, that ‘‘every fact and every phe- our supply of social-science knowledge had and especially to the executive branch, came

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.007 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S66 CONGRESSIONAL RECORD — SENATE January 21, 2010 to take hold on the left and in Washington the Chicago Annenberg Challenge—a massive suggests that tackling only isolated pieces of policy circles. It has played a role in the local school-reform project (co-founded by the problem, or trying to solve only one work of every recent administration—wheth- the former Weather Underground radical problem at a time, will merely introduce fur- er as implicit modus operandi or as exas- William Ayers) that Obama chaired. The re- ther distortions into what should be treated perating foil—but not until President Obama port suggests that the effort fell well short as a unified and coordinated system. A com- has it had a genuine, life-long true believer of expectations precisely because it left too prehensive policy approach will enable us to in the Oval Office. much discretion to the untutored leaders of take maximum advantage of natural- and so- THE POLICY PRESIDENT local schools. It would have been better to cial-science expertise, displacing expensive Obama’s early life primed him for this way ‘‘provide guidance for local initiatives in the or ineffective local practices by spreading of thinking about politics. The cir- form of well-researched and well-thought-out system-wide those programs that have prov- cumstances of his family and his globally maps for change,’’ the report maintained, en to be more effective and less expensive, as peripatetic youth acquainted him with a va- which would ‘‘present sound theories and documented by thorough research and ex- riety of strong traditional cultures—Kenyan, principles that might enhance the effective- perimentation. Kansan, Indonesian—that had not yet been ness of local thinking and action.’’ It was too Approaching the problems of the health- entirely pulverized by modern cosmopoli- much to expect everyday citizens to under- care system individually and incrementally, tanism. Obama’s first book, Dreams from My stand the complex forces affecting their Obama insisted in a speech in July, ‘‘is pre- Father, is in part his account of trying on schools without substantial, theoretically cisely [the] kind of small thinking that has several of the tightly woven cultural gar- informed intervention by the professionals. led us into the current predicament.’’ The in- ments that his background made accessible Obama’s chief complaint as a new U.S. sen- efficiencies and shortcomings of health-care to him. As he often puts it himself, this ex- ator was that Washington’s discourse seemed financing will be done away with only if an perience endowed him with a remarkable ca- to be dominated by the bitter, tired, ideo- extensive system is built that assigns and pacity to appreciate the most diverse moral logically driven politics that had character- regulates roles for all the players, including and cultural beliefs, coolly and objectively ized the pre-Progressive era. Most Ameri- federal and state health programs, medical assessing their strengths and weaknesses. cans, he insisted in his second book, The Au- personnel, hospitals, insurance companies, Because he was in but never entirely of sev- dacity of Hope, exhibited a ‘‘pragmatic, non- and all American citizens. Once this new uni- eral cultures, he was left with a wistful sense ideological attitude’’ and were ‘‘weary of the versal network of relationships is estab- that he would always somehow be on the dead zone that politics has become, in which lished, science and technology—comparative outside looking in. narrow interests vie for advantage and ideo- effectiveness research, electronic medical But his cosmopolitan childhood ensured logical minorities seek to impose their own records—can make their contributions. And that Obama would not be burdened by a crip- versions of absolute truth.’’ once all Americans receive the treatments pling illusion so common in the traditional Obama preferred an approach to public pol- judged most effective according to rigor- community: that its way is the right way, icy that would make greater use of objective ously empirical measurement, the nation’s and that it can autonomously shape its com- evidence, scientific facts, and expert counsel. health care will be delivered everywhere as mon life accordingly, free of the sprawling For example, he suggests in the book, we it is today at the Mayo Clinic. Likewise, Obama and his allies insist that chains of social causality. From his earliest could take on the health-care problem by our national approach to energy and the en- days—helped by the guidance and example of ‘‘having a nonpartisan group like the Na- vironment must be based on the recognition his mother, who held a Ph.D. in anthro- tional Academy of Science’s Institute of Medicine determine what a basic, high-qual- that we are embedded in an intricate system pology—Obama understood and easily glided of ecological linkages. In Obama’s view, we ity health-care plan should look like and through the network of interdependency have recklessly spewed carbon into the at- how much it should cost,’’ examining ‘‘which that, as the Progressives had predicted, was mosphere because of poor decisions about existing health-care programs deliver the eroding traditional communities and pulling housing, transportation, and electricity best care in the most cost-effective manner.’’ us all together in vast systems of relation- use—ignoring the web that ties them all to- ship. In other words, the beginning of reform lies gether. Here, too, the answer is a system of When a Chicago non-profit accepted his ap- in the formulations of professional expertise. energy supply that brings to bear the latest plication for a job as a community organizer, During Obama’s presidential campaign, scientific research: A proposed ‘‘cap-and- Obama put on the garment of a Chicagoan. journalists were clearly impressed by his trade’’ program will establish standards for That he was not born and reared in one of willingness to consult and rely on the policy measuring and regulating the emission of the strong and often insular ethnic neighbor- professionals. But the candidate’s adamancy carbon; and a nationally interlinked web for hoods of the city of broad shoulders was not about seeking out proven experts came as no energy transmission will carry renewable en- particularly relevant. He was not there to surprise to Obama advisor Cass Sunstein, ergy from wherever it is produced to wher- help a local neighborhood rebuild a coherent who observed that ‘‘in his empiricism, his ever it is needed, no matter the distance. sense of community that would enable it to curiosity, his insistence on nuance, and his Our education system, too, is chaotic and solve its own problems according to its own lack of dogmatism, Obama is indeed a sort of disorganized, according to Obama. Too many values. Rather, he was there to help local anti-Bush’’ from whom we will see ‘‘a rigor- states and localities are going in too many residents understand the larger networks of ously evidence-based government.’’ different directions, and Washington ‘‘has power and influence that determined their In January, the Boston Globe reported been trapped in the same stale debates that lives, and which alone could provide the re- with hometown pride that the newly elected have paralyzed progress and perpetuated our sources and knowledge to alleviate their president had turned particularly to Harvard educational decline,’’ as he put it to the His- poverty. What the South Side of Chicago University for key administration officials. panic Chamber of Commerce. Again, the needed was not an illusory sense of commu- It seemed only natural, since Obama was ‘‘a president argues, the solution is a more uni- nity efficacy, but rather the clout to force preternaturally self-confident product of the form application of expert guidance and di- the importation of professional expertise—in meritocracy’’ and had a ‘‘reputation as a rection. ‘‘It’s time to give all Americans a the form of city-paid employment specialists seeker of the expertise and intellect that complete and competitive education from at a new job center, and hazardous waste-re- Harvard prides itself on attracting.’’ the cradle up through a career,’’ he said in moval workers to clean up asbestos at the Small wonder, then, that as president, March. And that trajectory should be en- Altgeld Gardens housing complex. Obama’s explanation for today’s economic abled by one overarching system, because After his legal education, Obama found his crisis reflects a distinctively Progressive ‘‘it’s time to move beyond the idea that we way into the ‘‘issue networks’’ that had tone, with a call to renounce short-term and need several different programs to address come to dominate Chicago politics—the non- selfish private indulgence in the name of em- several different problems—we need one profits, advocacy coalitions, and foundations pirically based, objective analysis of the comprehensive policy that addresses our committed to ever more extensive and so- long-term, system-wide view. There has comprehensive challenges.’’ phisticated interventions by trained profes- ‘‘been a tendency to score political points in- In one policy area after another—from sionals into the lives of Chicago’s distressed stead of rolling up sleeves to solve real prob- transportation to science, urban policy to neighborhoods. In all major American cities lems,’’ he suggested in his ‘‘New Founda- auto policy—Obama’s formulation is vir- today, as the Manhattan Institute’s Steven tion’’ speech at Georgetown University in tually identical: selfishness or ideological ri- Malanga observes, this constellation of April. The problems we face, he continued, gidity has led us to look at the problem in forces—along with the municipal and edu- ‘‘are all working off each other to feed a vi- isolated pieces rather than as an all-encom- cational unions—has replaced the traditional cious economic downturn,’’ so ‘‘we’ve had no passing system; we must put aside paro- urban political machine; it is the new engine choice but to attack on all fronts of our eco- chialism to take the long systemic view; and driving the perpetual expansion of municipal nomic crisis at once.’’ when we finally formulate a uniform na- services and budgets. In addition to ongoing To address these challenges, Obama in- tional policy supported by empirical and ob- work with local advocacy groups, Obama sists, we must come up with comprehensive jective data rather than shallow, insular served on the boards of two major founda- policies that account for the entire sweep of opinion, we will arrive at solutions that are tions that are leading national proponents interconnected social and economic factors not only more effective but less costly as for the development and expansion of gov- contributing to the problem, and whose co- well. This is the mantra of the policy presi- ernment services. ordination will contribute to its solution. dency. The mode of thought inculcated by this Echoing Moynihan’s understanding of the And overseeing each of these policy areas sort of work is reflected in the final report of implications of the policy approach, Obama will be a ‘‘czar,’’ attuned to the big picture.

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.008 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S67 This key presidential aide—almost invari- and 38 strategies for implementation. Carter they were convinced that all the pieces had ably a policy expert rather than a political promised to ‘‘work with, encourage, support to fit together in order for the policy to suc- figure—will coordinate the activities of the and stimulate every other level of govern- ceed. Yet as the New York Times’s Matt Bai various departments through which the in- ment plus the private sector and neighbor- has observed, ‘‘Ever jealous of its preroga- tricate policy web is woven, and focus the hood groups—all at the same time with equal tive, Congress took a long look, yawned and latest expert advice and counsel on his par- fervor.’’ This is precisely the sort of expan- kicked the whole plan to the gutter, where it ticular segment of the problem of the whole. sive and encompassing programming de- soon washed away for good—along with POLITICS AND POLICY manded by a genuinely comprehensive policy much of Clinton’s ambition for his presi- How will the Obama policy-approach presi- approach. dency.’’ The administration’s ‘‘complex and ambi- On the surface, Obama seems to have ab- dency fare? We can find a clue in the unrest tious program seemed to confuse the public sorbed the moral of that failure. He has stirred by his growing list of ‘‘czars.’’ Sen- and ultimately to paralyze the operation of begun the process of revamping health care ator Robert Byrd of West Virginia, Obama’s government,’’ Ceaser notes, leaving it little and environmental policy by proclaiming fellow Democrat, objects to this new struc- to show for all its technocratic bustle. By general principles that any plan must fea- ture, complaining that the czars ‘‘rarely tes- contrast, Carter’s successor ture, while leaving the specifics of the pro- tify before congressional committees and deliberately limited his proposals to Con- grams to Congress. But it remains to be seen often shield the information and decision- gress to one or two top priority items at a whether a Congress reflecting a vast array of making process behind the assertion of exec- time, having learned precisely this lesson contending geographic and economic inter- utive privilege.’’ Indeed, he argues, ‘‘the from Carter’s failures. ests can produce the sort of internally con- rapid and easy accumulation of power by the Obama has taken his stand with the com- sistent and comprehensive proposal that the White House staff can threaten the constitu- prehensive approach, noting repeatedly that policy approach considers essential for suc- tional system of checks and balances.’’ Lib- while there are ‘‘some who believe we can cess. Obama has articulated criteria for eral law professor Bruce Ackerman suggests only handle one challenge at a time,’’ in fact measuring the value of a plan that are out of that ‘‘we need to seriously consider requiring ‘‘we don’t have the luxury of choosing be- line with his decision to leave the plan’s con- Senate approval of senior White House staff tween getting our economy moving now and struction to Congress. positions.’’ rebuilding it over the long term.’’ Outdoing In reality, the Clinton and Obama models These cavils are unlikely to prompt serious Carter, Obama doesn’t just view each sepa- are not all that different. Sooner or later, action, but they do remind us of the persist- rate area of public concern as a realm for the one way or another, the exquisite workings ence of our constitutional system of checks development of a comprehensive policy. He of policy experts must be subjected to the and balances and of a Senate jealous of its insists that, following the intractable inter- brute judgment of elected officials, who have prerogatives. And that points to a central connectedness of the pieces of his recovery not lost their quaint (if inefficient) attach- vulnerability of the policy-approach presi- plan, all the areas of concern must be cov- ments to the varied desires, needs, and inter- dency. To be successful by its own definition, ered immediately, simultaneously, and in a ests of their constituents. The sheer intellec- each of its policies must necessarily be ra- coordinated fashion. The comprehensive tual coherence of a plan does not protect it tional, coherent, and all-encompassing, policies themselves must all fit into a larger from the need to justify itself to the Amer- whether the issue is health care, energy, or comprehensive policy. Only thereby will ican constitutional system. The policy ap- education. And yet, as the early Progressives they cohere into a uniform and truly com- proach has not overcome democratic poli- knew all too well, critical elements of the prehensive ‘‘new foundation’’ for the revival tics, and so remains a profoundly problem- constitutional system—the executive cabi- of the economy. atic way to try to govern our democracy. net, federal decentralization, the separation But as Obama’s proposals begin their jour- of powers, and the extended commercial re- neys through the requisite institutional THE PERSISTENCE OF THE POLITICAL public—serve to shred and fragment policy hoops, they will inevitably begin to lose Progressivism was initially attracted to proposals as they make their way from the their coherence and uniformity. A policy social science precisely because it would per- minds of their expert designers through de- czar may entertain a single, overarching vi- mit us to avoid or transcend political con- partmental bureaucracy and legislative com- sion, but the various and often conflicting flict grounded in irresolvable economic and mittees (not to mention their hearings in the cabinet secretaries under his supervision, moral differences. Meticulous empirical re- court of public opinion). Once enacted, the along with their vast attendant bureauc- search that assembled all available data execution of policy is similarly trammeled racies, may have very different interpreta- about a given problem would, Progressives by our political system’s fragmented dis- tions of that vision and of how it is to be im- believed, provide a solid, indisputable, persal of administrative authority. The re- plemented. And congressional bargaining is shared ground for subsequent deliberation. sult is often policy that is irrational, inco- never kind to fragile policy gems containing Indeed, social-science data would be so com- herent, and partial. Policies not designed to numerous carefully interconnected parts pelling that the solution to the problem take account of that reality usually turn to that must all be preserved intact in order to would likely emerge from its own scientif- mush in practice. work. ically rigorous description. It’s not just that This failure to heed the realities of our pol- The Obama agenda is particularly vulner- facts would be more important than values: itics often first presents itself in the form of able to congressional distortions of execu- Facts would suggest the most plausible val- an overly ambitious agenda that ignores the tive intentions, owing to what might be an ues. Or, as the American pragmatists be- nature of the legislative process. Pressed to over-corrective reaction to the lessons of lieved, what works best to help us grasp and take on too much at once in pursuit of holis- President Bill Clinton’s health-care reform shape reality becomes the moral good. tic reform, the system overheats quickly and proposal—which died without a congres- We find traces of this thinking in The Au- easily. President Jimmy Carter discovered sional vote in 1994. The Clinton administra- dacity of Hope. ‘‘I understand that facts the risks of this approach when, as political tion, too, embraced a version of the policy alone can’t always settle our political dis- scientist James Ceaser reminds us, he pur- approach, believing that health-care reform putes,’’ Obama concedes, but ‘‘the absence of sued his own version of a policy presidency. could be accomplished only by addressing all even rough agreement on the facts puts ‘‘Imbued with a technocratic perspective to- the pieces within a coherent and unified sys- every opinion on equal footing and therefore ward problem solving,’’ Ceaser writes, tem. Clinton, too, argued that the nation’s eliminates the basis for thoughtful com- ‘‘Carter seemed to view the task of gov- economic recovery from the recession of the promise.’’ He insists, however, that ‘‘some- erning in terms of the management of com- early 1990s depended on it. His Task Force on times there are more accurate and less accu- plex and interrelated policies.’’ Or, as Carter Health Care Reform brought together more rate answers; sometimes there are facts that speechwriter James Fallows noted toward than 500 experts from all relevant federal de- cannot be spun, just as an argument about the end of Carter’s administration, he partments, legislative staffs, governors’ of- whether it’s raining can usually be settled ‘‘thinks he ‘leads’ by choosing the correct fices, and universities to produce a massive, by stepping outside.’’ Clearly, Obama’s policy,’’ and so he came to hold ‘‘explicit, 1,000-page proposal. It covered every conceiv- heavy reliance on policy expertise is de- thorough positions on every issue under the able aspect of health care—down to estab- signed not just to produce more accurate an- sun.’’ lishing limits on the number of specialists swers, though that is surely a critical goal. The Carter administration therefore gen- that medical schools could produce. It also aims to quell the shrill exchange of erated a flood of elaborate and complex pro- In Boomerang, her account of the Clinton equal (because equally baseless) opinions posals covering energy, housing, welfare re- reform plan, Harvard sociologist Theda that, in his view, has come to characterize form, income policy, families, neighbor- Skocpol suggests that since the task force American politics. Where available—and hoods, and urban affairs, among other issues. ‘‘made such a gargantuan effort to come up Obama intends to multiply the situations To take urban affairs as an example, Carter’s with a truly comprehensive plan for reform— where they are available—pure non-political call for ‘‘A New Partnership’’ insisted that a plan thought at the time to be both tech- facts will provide the grounds for the resolu- we ‘‘must carefully plan the total range of nically and politically workable—there was tion of policy questions, fulfilling Progres- Federal, State, and local actions’’ in urban a natural tendency for administration plan- sivism’s faith in the natural and social areas. To accomplish this, the partnership ners to see their proposal as a logical sciences. laid out, as urban planner Charles Orlebeke achievement to be ‘explained.’ ’’ That is, the But what then to say about the increasing put it, an ‘‘elaborate edifice’’ of seven gov- planners could not bring themselves to dick- use of social-science data by conservative erning principles, four goals, ten policies, er with Congress over the specifics, because scholars, who seem to use it to provoke and

VerDate Nov 24 2008 01:43 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.010 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S68 CONGRESSIONAL RECORD — SENATE January 21, 2010 sustain, rather than to ameliorate, partisan those outmoded, yet stubborn, values—not fundamentally an error, or a function of a conflict with Progressive reformers? Some social science. temporary lack of information. It begins, in liberals simply insist that what conservative President Obama knows, however, that other words, from the contention that de- scholars produce is inferior or false social whatever the state of the policy approach’s mocracy is an illegitimate, or at least a science, because it is produced in service of epistemological foundations, it is vital to highly inadequate, way to govern a society. ideology rather than objective truth. Eric making the case for his political project. For This is a deeply anti-political way of think- Wanner, former president of the liberal Rus- example, he can insist that he is undertaking ing, grounded in a gross exaggeration of the sell Sage Foundation, insists that ‘‘the AEIs only reluctantly, and certainly without self- capacity of human knowledge and reason. and the Heritages of the world represent the ish ambition or ulterior motive, a massive American politics as we have known it ap- inversion of the Progressive faith that social and ambitious expansion of government into preciates the fact that fallible men and science should shape social policy.’’ In his major segments of the American economy women cannot command the whole—and so Paradox of American Democracy, John Judis because it has been shown necessary. ‘‘I must somehow manage the interactions and complains that conservative think-tank don’t want to run GM,’’ Obama told report- the tensions among parts. Social science— scholars ‘‘did not seek to be above class, ers as he initiated a government takeover of however sophisticated it might now be—has party, and ideology’’ like earlier, disin- the company. The decision was not driven by come nowhere near disproving that premise. terested social scientists, but rather ‘‘were personal choice, he seemed to suggest. It was Unless it does, social science will always best openly pro-business and conservative.’’ They simply what a thoroughgoing and effective serve politics by helping to address the par- thereby ‘‘rejected the very idea of a dis- policy approach demands. As Ceaser points ticular problems that bedevil society as they passionate and disinterested elite that could out, ‘‘to speak of a policy for any given area arise, rather than treating society itself as focus on .’’ of activity already implies that that area is one large problem to be solved. But the notion that there is true and false a matter for legitimate superintendence by This is not because society is not in fact an social science relies on our ability to locate government.’’ Only an unsophisticated rube intricate web as the early Progressives as- a fixed and universally accepted standard ac- would mistake the pristinely objective dic- serted, but precisely because it is—a web far cording to which we can say that some con- tates of the policy approach for ‘‘socialism.’’ too intricate to be reliably manipulated. We clusions are beyond dispute because they are But the mention of unsophisticated rubes are not capable of weaving our society anew empirically true. Certainly that was the ini- points to a final possible problem for Presi- from fresh whole modern cloth—and so we tial Progressive vision for social science. Yet dent Obama’s policy approach, this one re- should instead make the most of the great the policy and social sciences have come no- lated to America’s commitment to demo- social garment we have inherited, in its rich where close to such a standard in assessing cratic self-government. Obama’s techno- if always unkempt splendor, mending what is society. In 1979, Edward Banfield wrote that cratic rhetoric is meant to be soothing and torn and improving what we can. the ‘‘persistent efforts of reformers to do reassuring to an American public fed up with Our constitutional system is constructed away with politics and to put social science intractable ideological division: Many of our on this understanding of the limits of reason and other expertise in its place are not to be problems will resolve themselves once we and of the goals of politics. Every effort to accounted for by the existence of a body of have collected the facts about them, because impose the policy approach upon it has so far knowledge about how to solve social prob- facts can ground and shape our political dis- ended in failure and disappointment, and lems,’’ because no such body exists. Indeed, cussions, deflating ideological claims and done much lasting harm. President Obama is he continued, ‘‘there are few social science leaving behind rational and objective an- now attempting the most ambitious such ef- theories or findings that could be of much swers in place of tired old debates. But in fort in at least 40 years. He brings consider- spite of several decades of data production help to a policy maker.’’ able talent and charm to the attempt—but Ten years later, Ronald Brunner noted in by social science, American politics has the obstacles to its success remain as firm Policy Sciences that it was difficult to assess proven itself to be remarkably resistant to and deeply rooted as ever. the usefulness of the policy movement, be- the pacifying effects of facts. It has contin- Mr. ALEXANDER. Madam President, cause its ‘‘various parts tend to differ in ued to be driven, as James Madison pre- dicted, by the proliferation and clash of di- I yield the floor. their judgments of the relevant standards, The ACTING PRESIDENT pro tem- data, and inferences to be drawn from them, verse ‘‘opinions, passions and interests.’’ Indeed, as Madison put it, ‘‘as long as the pore. The Senator from Nebraska. whenever their judgments are made ex- reason of man continues to be fallible, and plicit’’; nonetheless, the policy approach’s f he is at liberty to exercise it, different opin- ‘‘results typically have fallen short of the as- ions will be formed.’’ It may be that, in the THE NATIONAL DEBT pirations for rational, objective analysis.’’ end, the proponents of the policy approach Mr. JOHANNS. Madam President, I Positivist social science had ‘‘assumed that disagree with Madison’s premise that reason if the behavioral equivalents of Newton’s rise today to speak in support of a is fallible. But if that is their view, they can pending amendment. This amendment laws could be discovered, they would provide hardly claim much empirical evidence for it. a basis for rational and objective policy. Ra- Though Madison believed the most com- is called the Erasing Our National Debt tionality would be served because the con- mon source of different opinions to be prop- Through Accountability and Responsi- sequences of policy alternatives could be pre- erty, he also understood that Americans bility Plan. I wish to start out today dicted with precision and accuracy,’’ while were likely as well to divide along religious by saying I am very proud to be a co- the ‘‘valid system of generalizations would and moral lines, reflecting convictions about sponsor of what I consider to be a very reduce controversy in the policy arena.’’ But ultimate questions of good and evil that can- still, according to Brunner, ‘‘after roughly commonsense amendment. not be resolved through scientific reason. The Troubled Asset Relief Program, four decades of behavioral research, positiv- This does not mean they take in only part of ists have not yet discovered universal cov- the picture, but that they disagree about known as TARP, was enacted in the ering laws that predict human behavior with what is best for the whole, for reasons that fall of 2008 for the U.S. Treasury to buy accuracy and precision.’’ run deep. These disagreements, although toxic assets, primarily mortgage- In short, policy science cannot be depended they do not always lend themselves to sci- backed securities. It was sold to Con- upon to dampen or eliminate conflicting entific analysis and technical solution, gress as having a sole purpose of get- points of view because it is itself riven by speak to genuine human yearnings and con- ting bad assets out of the market. It deep divisions over how best to develop, ana- cerns. They are often rooted in many cen- was sold as an idea of stabilizing the lyze, implement, and evaluate public policy. turies of experience and wisdom, and can And these divisions cannot be explained hardly be dismissed as irrelevant to the life economy. At the time this was sold, away by a conservative conspiracy to dilute of a liberal society—let alone as illegitimate this was it. This is what we told people genuine, objective social science with a spu- subjects for political debate. this was going to do. Supposedly, it rious, ideologically driven imitation. Social This leads to the most troublesome impli- was going to be a one-time, very nar- science begins from one place or another in cation of Obama’s policy approach, which re- rowly focused program during a time of society, and can do great good that way. But vealed itself in what might have been the the worst economic crisis we had seen it cannot step outside the circle of our social chief blunder of his presidential campaign: in decades. Lawmakers at that time life; no human activity can. his offhand remark that some Americans The Obama administration will of course continue to ‘‘cling’’ to guns and religion in were warned that if we do not act now, insist that its policy plans are rooted in the face of adversity. The comment betrayed if we do not take this action, the fail- unassailably objective research. But there Obama’s debt to the Progressive view that ure to act is going to be devastating. may well be equally compelling research such parochial values are poor substitutes Yet Washington, after it got approval supporting contrary conclusions, and the de- for a sophisticated understanding of the larg- of this plan, almost immediately threw bate between them cannot be resolved by in- er networks of causality that determine the out the original game plan. Money was sisting that true science supports only one lives of everyday Americans. In light of such not used to buy those troubled assets. kind of conclusion. Often the origins of the an understanding, the old debates that grip Instead, it was given to large banks dispute have to do with people’s sense of the American politics may well look rather ri- most important questions to ask, the most diculous. with very few strings attached. The critical goals to set, or the highest ends of The policy approach begins from the as- government hoped banks would gen- society. These are generally determined by sumption that those old disagreements are erate small business loans, and would

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.012 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S69 send the money out to allow people to accountability TARP slush fund. This down, costing us dramatic numbers of do auto loans and mortgage loans. amendment would immediately stop jobs and failures in the business com- That simply did not happen. There is the Treasury Department from spend- munity. So I voted for TARP. It plenty of finger-pointing going on as to ing more from the TARP funds. It seemed like one of the few things we why that did not happen, but the bot- would repeal the administration’s ill- could do that might have some chance tom line is that consumers were left to advised extension of TARP through Oc- of stabilizing the economy. battle the credit crunch alone, and tober 2010. It would require TARP re- Of course, it is not the most popular they felt abandoned in their fight. payments to reduce our national debt. program in America. The idea of tak- What did Washington expect when it There would be no clever statutory in- ing hundreds of billions of dollars of gave away practically free money? terpretations to get around the debt re- taxpayers’ money to give to banks and From the get-go, the TARP rule book duction requirement. A payment comes investment operations that have was simply tossed out the window. in, the debt ceiling goes down. No more failed—literally to the point of fail- Since then, TARP has morphed in so reckless spending. No more Russian ure—seemed to be a rescue effort for a many ways that most people cannot roulette with taxpayers’ money. Not group that doesn’t usually garner even remember, cannot even think only is this common sense, but it is much sympathy, in terms of the activi- about its original purpose. good fiscal sense, and it is the right ties they are engaged in day to day. The American people have unques- thing to do. The money went to a large share of tionably lost faith in the $700-billion One thing is absolutely obvious: Tax- these banks and financial institutions, taxpayer-funded boondoggle. They ex- payers are asking us to work together and the net result is, virtually all of pected it to get the economy up and to get deficit spending under control, them were saved from collapse—all but lending. Now they feel duped, and I do to find solutions to problems that trou- Lehman Brothers, which had failed be- not blame them. Instead of jump-start- ble this great Nation. This amendment, fore this request. ing lending in the economy, what this in my judgment, is absolutely the first So the economy moved forward. Then has turned into is a revolving slush step, a good start to get a handle on the bankers repaid the effort of the fund for unrelated spending projects. It out-of-control spending, to start re- American taxpayers by announcing— just goes on and on. storing faith with the American people. many of them—they now felt times Let me run through a sample of what If TARP is ended, we show the Amer- were so good for them they could start TARP has been used to fund: ican people that we are listening and declaring bonuses for their officers and No. 1, buy General Motors. Who knew that Congress is, in fact, serious about their employees—bonuses. that the U.S. Government would spend protecting taxpayers’ money. In the real world of 40-hour work about $50 billion of TARP buying not Madam President, I yield the floor, weeks and day-to-day grind, most peo- only an ownership interest in General and I suggest the absence of a quorum. ple see a bonus as a reward for good Motors but a controlling interest? The ACTING PRESIDENT pro tem- performance or successful performance. Back home in Nebraska, when I have pore. The clerk will call the roll. Many of these financial institutions talked to Nebraska citizens about this, The bill clerk proceeded to call the were literally the victims of their own I say to them: If I had come out during roll. greed and their own malice and their my campaign and suggested that the Mr. DURBIN. Madam President, I ask own poor planning. Then, after tax- President of the United States would unanimous consent that the order for payers rescued them with TARP literally over a weekend have the abil- the quorum call be rescinded. money, they wanted to turn around ity to buy General Motors without any The ACTING PRESIDENT pro tem- and reward themselves for good con- kind of congressional approval, no pore. Without objection, it is so or- duct. It grated on the American people one—no one—would have believed me. dered. and this Senator as well. Yet that is exactly what happened. f TARP, which was initiated to keep No. 2, there is a plan called cash for these banks from failing, is one which caulkers. We all know about that plan. TARP few of us would step up and say: Well, No. 3, the House passed a second Mr. DURBIN. Madam President, a let’s try that again. That was a great stimulus—$150 billion in TARP to fund speaker on the floor earlier—Senator idea. I, frankly, think it was probably more unrelated spending. Let me give a JOHANNS of Nebraska—was talking few examples: $800 million for Amtrak; a necessary thing to do at the moment, about TARP, and many of us recall $65 million for housing vouchers; $500 but it is not a model I wish to recreate, million for summer youth employ- this was a program started under the certainly when you look at the reac- ment; $300 million for a college work previous administration. President tion of the banks after we helped them. study program. Bush and his Secretary of the Treas- But the Senator from Nebraska comes ury, Henry Paulson, came to us, along to the floor and basically says: Let’s No. 4, the doc fix—$1⁄4 trillion in TARP that will never be paid back, an with Federal Reserve Chairman Ben liquidate and end this program. On its immediate loss to the taxpayers. Bernanke, and basically told us Amer- face, that sounds like a good idea but No. 5, off-budget highway funding. ica’s economy and perhaps the global for one thing: Now some of these banks I could go on and on. The list just economy was on the edge of an abyss; and financial institutions are paying us does not end. The projects being funded that we could see what looked like an back with interest. We had hoped they out of this now new slush fund do not economic downturn turn into not only all would. Maybe most of them will. seem to have an ending point. Some of a recession but worse if we didn’t act The taxpayers deserve that. these projects might be quite meri- and act quickly. Money that is coming back in is not torious. One might look at them and The proposal they made was to go like found money. We anticipated a say: Gosh, in the normal budgetary after what they called toxic assets, and payback. But it is money which creates process, I would want to be a part of so they created a program called the an opportunity. Now the Senator from voting for those projects. I might sup- Toxic Assets Relief Program—TARP. Nebraska would have us basically port some of them in the normal budg- They asked for some $80 billion—an eliminate that program and the money eting process but not through some no enormous sum of money—in order to coming in could not be spent for other accountability slush fund. go to financial institutions that were purposes. I think that is a mistake. We TARP has spiraled out of control, teetering on the brink of collapse and spent up to $800 billion to rescue Wall and it needs to end today—imme- save them, in the hopes that in doing Street. As the cliche goes, it is time for diately. TARP was never intended to so, they could stabilize our economy. us to consider spending that money to finance a wide array of spending pro- Even though I took a few economics rescue Main Street. For instance, if we grams where the taxpayer literally was courses in college and have followed took a substantial portion of the TARP going to be the loser. We must find a the course of American business, at money coming back from the big way to pay for government spending, least as a casual observer, it was hard banks, and the interest coming back not try to disguise it in TARP. to argue against their request because from the big banks, and redirected it to I am asking my colleagues to adopt my fear was that failure to do anything community banks expressly for the the Thune amendment and end the no- would, in fact, bring this economy purpose of providing credit for small

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.004 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S70 CONGRESSIONAL RECORD — SENATE January 21, 2010 business, then I think we would be en- is going to take that paycheck home leader, as well as the majority leader, gaged in an effort that most Americans and the family is going to spend it. As Senator REID, about the so-called agree will save businesses, save jobs, they spend it, the shopkeepers and oth- Christmas bomber who was caught in and even create the opportunity for ers where they do business are going to the act trying to detonate some type of more jobs. If we do not take the TARP profit and they will respend it. That is explosive or inflammatory device on an money to do this, we know what is how the economy starts to churn for- airplane. We have had extensive hear- going to happen: banks, large and ward, and that is how jobs are saved ings. small, will continue to deny credit to and created. The President has gone into quite an small businesses. As a result, many of We should not let our frustration extensive investigation in terms of any them will fall, few of them will expand, over the greed and selfishness of the failure in our security efforts and what and the economy will continue to move biggest banks in America and financial happened on that day. I believe the forward in a more positive way but at institutions that literally thumb their President’s candor and honesty have a glacial pace. noses at taxpayers lead us to close been helpful. He has acknowledged the I would say to the Senator from Ne- down an opportunity to take these fact that we could have done a better braska, if he went back to Omaha as I TARP funds and turn them into jobs in job. We collected a lot of information, go back to Chicago and Springfield in America, turn them into a lifeline for and pieces of it, when they were consid- my State and meet with small business small businesses. ered together, really pointed toward a owners, he would find they are des- Many people look at our economy problem—that this man never should perate for this credit. Why not take the today and say it is not good enough— have been allowed to get on this air- money that once was directed to the and they are right. I have to echo the plane. The President has acknowledged large banks, now paid back to our Gov- sentiments of one of my colleagues in that, as well as his national security advisers. ernment, and redirect it to smaller our delegation, Congressman PHIL Now a question has arisen as to what businesses? That really is the bedrock HARE, who says if he hears the phrase to do with this suspected—alleged ter- of our economy. I hope the Senator ‘‘jobless recovery’’ one more time, he is going to get sick to his stomach. I rorist from Nigeria. He is currently from Nebraska will reflect on that. His being held, incarcerated in a Federal agree with him. A recovery is a recov- anger about what the big banks did prison in Milan, MI, which is 60 miles ery if, in fact, jobs are restored and after we rescued them should not be west of Detroit. That is not unusual. In created. We need to focus on that as vented on small businesses in Nebraska fact, 350 convicted terrorists are being well. and Illinois that need credit assistance. detained in Federal prisons across Make no mistake, we have made It is also possible to take some of America, including in my home State. some progress over the course of last these TARP funds and turn them into a They are being safely held without any year since President Obama took of- rescue for a lot of victims of the cur- fear in the surrounding community be- fice. I just remind my colleagues and rent recession. For one, we should be cause our professionals at the Federal spending this money to help a lot of those following in floor comments that Bureau of Prisons know how to do their projects get underway which will help last April the Dow Jones index was at job and do it well. build the economy. about the 6,000 to 7,000 range. Today, it The question is whether he should be I just had a meeting in my office is 10,000. It indicates more confidence investigated and prosecuted in a mili- with a group of mayors from Illinois. in the future of our economy, more in- tary commission or in the courts of the The mayors from across the Nation are vestment in our stock market, and I land. Some say that if he is a suspected here in Washington. The story they hope an end to the fear and lack of con- terrorist and not a citizen of the bring is common no matter where they fidence which were part of the worst of United States, then send him to a mili- are from. They have seen a downturn our recession. tary commission because terrorism is, in revenues—sales tax revenues and We have also seen the unemployment in fact, a war against America. That on property tax revenues—and an in- figures. Job losses were more than its surface has some appeal. They also creased demand for services. That is 700,000 a month when President Obama argue that if he goes through the being played out at every level of gov- took office. Now they are coming down, courts of our land, he is going to be ernment—local, State, and Federal—so and that is good. I will not be satisfied, given certain privileges we accord to many of them do not have the re- nor will the President, until they are citizens when they are arrested and sources to take care of basic problems, on the positive side of the ledger. But tried which he might not otherwise from the repaving of streets to the we have made some progress. I think have if he goes through a military com- building and rebuilding of essential in- the latest unemployment monthly fig- mission. There is some value to that frastructure. What they are asking us ures were in the range of 80,000 to statement as well. for is help so they can meet those basic 100,000. That is a long way from 700,000, Here is what we have found. Here is needs and at the same time create jobs but it gives us a lot of ground to travel the track record. Since 9/11, we have in doing it. before we catch up. had over 190 convictions of terrorists in There was a TIGER grant application I would say the administration has us the courts of America, the criminal under this new administration’s stim- moving in the right direction. We not court system of America, our Federal ulus bill that gave local units of gov- only have to stick by the stimulus bill courts—190. We have had three, lit- ernment a chance to put on the table which the President proposed and erally three who have been prosecuted critical projects they could initiate which we supported on the Democratic by military commissions. So those who and create jobs in so doing. The com- side of the aisle with a handful of Re- are trying to push more and more pros- petition was fierce—$60 billion in appli- publican Senators, but we also have to ecutions into military commissions cations for $1.5 billion in funds. It think about the next stimulus, the should look at the scoreboard. The shows you there is a pent-up demand next jobs program which will create scoreboard tells us we have a strong there for these infrastructure projects. good-paying jobs and help small busi- track record of prosecuting terrorists The rate of unemployment in the nesses survive. That is essential. I hope in our courts, whether it is Richard construction industry in America is we do not let some amendment come Reid, the shoe bomber, with a similar much higher than the average—almost along which literally takes away the mode of operation as the man who was twice the average in most States. If we source of funds we may need for this arrested on the Northwest Airlines take these TARP funds coming back to next jobs stimulus. Whether you are in plane, or a suspect arrested in Peoria, our Treasury and redirect them into a Republican State with Republican IL, Mr. Al-Marri, who was incarcerated infrastructure grants such as TIGER Senators or a Democratic State with in Marion, IL, the regular prison. They grants, we would be creating new op- Democratic Senators, it makes no dif- went through the regular court system, portunities for building infrastructure ference; unemployed people need a successfully prosecuted and put away. critical to our economy and creating fighting chance to get their jobs back. Moussaoui, the suspected 19th terrorist jobs immediately. That construction TERRORIST DETENTION on 9/11, has been given a life sentence worker who goes back to work making There were comments on the floor by and is now in a maximum security fa- certain we have good roads and bridges the minority leader, the Republican cility in Florence, CO. We will never

VerDate Nov 24 2008 01:43 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.006 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S71 hear from him again, nor should we. He earlier, 350 convicted terrorists are scenes were from New Orleans, as we went through our regular court system. being held in Federal prisons across remember, or Plaquemines Parish or Those who want to close off our reg- America today, including other prisons St. Bernard or Galveston or Gulfport or ular court system to the prosecution of in Illinois. Second, this Christmas Biloxi, those scenes are still quite fresh terrorists ignore the obvious: that has bomber, who was caught on the North- in the minds of Americans. been the most successful way to pros- west Airlines plane, is being held in I think people are thinking the same ecute and to incarcerate and keep Milan, MI, a Federal prison 60 miles way I am, which is, when will we ever those who are accused of terrorism and west of Detroit, without incident or get this right? We know sometimes to keep America safe. Let’s not have an concern. It is an indication to me that things happen that are unpredictable, automatic, visceral reaction that every our Federal prison system is fully ca- but this is not one of those cases ei- time terrorists are somehow arrested, pable of incarcerating suspected terror- ther. Just like some parts of the they need to be tried in a military ists and those who have been con- Katrina disaster were quite known and commission. Let’s give this adminis- victed. Those who would spread fear predictable, this too, and that is a tration the option. Let them decide that somehow bringing them to the story for another day. which forum works best to bring jus- continental United States is going to But as we struggle through this situ- tice and to protect America. In some compromise our security have yet to ation, I want to thank the administra- cases, it may be military commissions. point to one single instance where a tion, not only ours but administrations We recently had Attorney General prisoner detained in a super-max facil- around the world, for what they are Holder testify that he sent five sus- ity has ever escaped. trying to do, and say I know we can do pected terrorists to be tried through This Thomson prison, incidentally, is better and everybody watching this military commissions and five through going to build a new perimeter fence knows we can do better and one day we the courts of our land. Give the Depart- which will make it the safest, most se- will. We are going to do what we can as ment of Justice and the Department of cure prison, not only in the United quickly as we can. I am going to stay Defense that latitude to pick the best States but perhaps in the world. focused, with many of my colleagues place to achieve this type of prosecu- The people in this community, with here, on one aspect of this response and tion. the prospect of 3,000 new jobs in this recovery; that is, the aspect of children I understand that in this case, the so- weak economy, are anxious for this and particularly orphan children. called Christmas bomber, there was a prison to get up and running. I have been very proud to be the lead- fumbling in terms of which direction They have come out politically, both er of the coalition in this Congress of the case should go. There is no excuse political parties, those who have been over 220 Members. We are completely for that. We have to learn from that elected to office at every level, sup- united and completely nonpartisan in mistake, and we have to make certain porting this Thomson prison. I think our advocacy for orphans in America it does not happen again. But to say what has happened to this alleged ter- and around the world. This is a mo- that automatically every suspected rorist from the Northwest Airlines ment where I would like to spend, al- terrorist has to go to a military com- flight in Milan, MI, is proof positive though my time is short, saying this is mission is to send them into a venue, a that we can continue to hold these ter- a good time for us as a country and as court venue, with rules that are cur- rorists. We do not have to stand in awe Members of Congress to try to under- rently being developed and tested and or fear. We should stand without quak- stand the magnitude of the challenge are likely to be challenged by courts ing and trembling and understand that before us. all over the land. To send them into we can look these terrorists in the eye Let me begin, before I go into the sit- our regular court system is to bring and say: We can put you in this prison, uation, to personally and by name them into a system with an established and you are going nowhere, buddy. thank the Members of the Senate who set of laws, established precedent, That is what has happened to this per- have stepped up to date quickly and where we have successfully prosecuted son and will happen to those who are forcefully to join this effort. Your over 190 alleged terrorists since 9/11, detained in Thomson, IL. name, Madam President, is at the top while in military commissions only 3— I see my colleague from Louisiana is of the list, the junior Senator from 190 to 3. The score is overwhelming. I here. I yield the floor. New York. We thank you for your ex- think we ought to take some consola- The ACTING PRESIDENT pro tem- traordinary leadership. I also thank tion in the fact that our court systems pore. The Senator from Louisiana. the Senator from Colorado, MARK have worked so well. f UDALL; the Senator from Massachu- Let me make one other point. The setts, JOHN KERRY; the Senator from administration has asked, in my State HAITIAN ADOPTIONS Michigan, CARL LEVIN; CHRIS BOND of Illinois, if our Governor and general Ms. LANDRIEU. I thank my col- from Missouri; ARLEN SPECTER from assembly will accept the creation of a league from Illinois for his passionate Pennsylvania; BOB CASEY from Penn- new Federal prison in Thomson, IL, and coherent and convincing argu- sylvania; HERB KOHL from Wisconsin; which will be used for both Bureau of ments about the issue of how to detain MARK WARNER from Virginia; Senator Prisons regular detainees and those terrorists and knowing that we can do BARRASSO; Senator JOHNSON; Senator who are incarcerated, as well as a sec- that very well in the United States, BENNETT; Senator STABENOW; Senator tion where fewer than 100 of the re- and also his explanations about the fi- BILL NELSON from Florida; Senator maining Guantanamo detainees will be nancial situation and some of the LAUTENBERG; Senator THUNE; Senator held under military supervision. Our things the President is doing to correct MCCAIN; Senator MENENDEZ; and Sen- State has considered it. We recently, in that situation. ator HUTCHISON; and my cochair in all December, had a commission decide But I came to the floor this morning of this, obviously, Senator INHOFE. that this surplus prison, which is 8 in morning business to talk about a We are a bipartisan group. Our num- years old—a state-of-the-art, modern, different subject, and one that is quite bers are growing every day, numbers of super-max prison—will be sold to the troubling to Americans as we watch Senators who say we want to focus on Federal Government. We are now nego- the unfolding horror in Haiti. As we the welfare of children and particularly tiating between the State of Illinois stand ready and willing to do every- orphans and come up with a better plan and the Federal Government about the thing we can, not only as leaders in the to respond to this humanitarian dis- price of that facility. I hope that nego- Senate and Congress, our constituents aster as it relates to them. We are com- tiation is resolved soon. I look forward are leaning forward wanting in every mitted to the fundamental—almost a to its completion. corner of this country to do everything concept that I do not know how anyone The critics of opening the Thomson they can to help. could argue, but people do, that all of Federal prison in Illinois argue that it It is very frustrating to see, again, us understand that children actually is unsafe for us to detain any of the some of the similar, almost eerily simi- belong in families. I know this is a dif- Guantanamo prisoners in the conti- lar scenes from having lived through ficult concept for some people in our nental United States. Those critics Katrina and Rita, Gustav, and Ike country and the international commu- overlook the obvious. As I mentioned along the gulf coast. Whether those nity to grasp. But children do not do

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.007 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S72 CONGRESSIONAL RECORD — SENATE January 21, 2010 well alone. Children do not do well in who brought them into the world. manitarian parole for the orphans who orphanages, no matter how well they When they are separated from those were in the process of being adopted, are run. Children do not want to grow parents, through death or disease or and there were a couple hundred. Par- up in group homes of which we have famine or war, they are then to be ents here have been desperate. They thousands of children in our own coun- placed, as quickly as possible, with a have already been matched with their try in group homes. relative who is willing and able to raise children. They have pictures of their Actually, children want to grow up in them. children. They were in the process of families. This may be a startling con- If I passed away, the Presiding Offi- adopting those children. You can imag- cept for some but not for us. That is cer knows my sisters or one of my ine how desperate they are. That proc- why we advocate for child welfare poli- brothers would step in. If my husband ess is underway. cies that at its beginning, middle, and and I died, my sisters and brothers We are going to continue to press to end advocate the basic fundamental would step in to raise our children. make sure that not just the green light truth that children are best raised in a That is normally what is done all over was held up, but that our government family with one responsible parent if the world. It is no surprise. But when at every level, from Defense to Home- not two. We do not think there should there is no family member to take in a land Security to Transportation, is be any argument about that. So we are child, then the treaty says you shall doing everything they can to execute puzzled as to why we have so many dif- find a home for that child somewhere the swift and safe removal of these ficulties sometimes explaining that in in their country, in their community, children in Haiti to American families situations like Haiti or in America or which makes sense. Culturally, that who will nurture them and support in places in Africa or Central America makes sense. them. Then the next step—I see my col- around the world. There are so many While I am a big believer in cross- league from Utah here—I am going to barriers to adoption. It breaks our cultural adoption and biracial adop- tion—I am a huge supporter of that— end in just a moment. The next step hearts. It just breaks our heart. One will be to work with a broad coalition but I understand we want to try to barrier after another. of faith-based communities in our place children as close to their initial We think this is quite simple. We country and around the world, with beginnings as possible. When that be- think these barriers have to come private sector corporations, large and comes impossible, it is our job to find down, and we are determined to pull small, with individual Americans who this out. them a home somewhere else in the want to contribute and be a part of this I want to give some numbers to you human family because, after all, we are effort. that will be startling to you because one human family. If anybody would I intend to lead and set up a frame- they are to me. like to come to the Senate floor to dis- work so that thousands and thousands, In America we have 320 million peo- agree with me, I look forward to debat- hundreds of thousands of orphans in ple approximately. We have 100,000 or- ing that with them. I do not think I Haiti can find the family to which they phans. There are a lot of orphans in our will find any arguments here among were born. We are going to try very own country. They are invisible to peo- Senators, from the very conservative hard. If not, a relative in Haiti, if not ple. We try to bring their pictures to to the most liberal. It is just a basic someplace in Haiti for them to live in the Senate floor sometimes and tell moral tenet that we are one human the joy and comfort of a supporting people there are 100,000 magnificent family. So it makes me so angry when and loving family, and then if not here, children of all races, shapes, and sizes I see governments, sometimes even our then somewhere in the world where who are in need of a family right here own, sometimes even our own bureauc- these hundreds of thousands of or- at home. We do our best to promote do- racy, sometimes even our own embassy phans—and I hope not to say this, but mestic adoptions and have been doing a fighting that concept. They throw up potentially 1 million; but let’s hope much better job. their hands and say: We just cannot. It that number does not ever reach this— Americans adopt about 120,000 chil- is overwhelming. We cannot find a way find families. dren a year, mostly from our foster to do it. Every excuse in the world to This is not going to happen in the care system, some infant adoptions in keep these children from the one thing next 24 hours or 48 hours. But with our America, and, happily, 20,000 inter- they need most, which is a parent, concerted help and vision and leader- national adoptions. But when you hear someone to love them. ship, it can happen not just in Haiti this number, you would fall down if If anyone thinks that just feeding but around the world, including right you were not sitting down. Haiti has 9 children and clothing children is what here in the United States of America. million people. Remember, we have 320 God is calling us to do, I would beg to So I want to thank my colleague, JIM million, they have 9 million. They had differ. Yes, we have to keep them alive. INHOFE, who is the cochair of the Adop- 380,000 orphans before the earthquake Yes, we have to give them care. But tion Caucus. I want to thank the Mem- struck. what most importantly little human bers of the Senate and the House, par- I am going to repeat that. They have beings need are bigger human beings to ticularly JIM COOPER, MICHELE 9 million people. They had 380,000 or- raise them. If they do not get that, BACHMANN, and others who have phans before the earthquake struck. they end up not growing up in a strong stepped up so quickly. We cannot begin to estimate how many way. They end up in our prison sys- We will be speaking on this floor quite a few times in the future as we orphans there are today, but I promise tems. They end up in homes. They end get updates about this issue. I thank you that number has at least doubled. up sick. Not that every child that is in Americans for the outpouring of sup- Now, I am not going to be part of a a family in America, even with the port for children in Haiti, for all people system that says, with those numbers most loving parents ends up always of Haiti, but particularly the children and that truth, our job is to find those wonderfully, but they most certainly children, dust them off, fix their bro- and particularly the orphans who need have a better opportunity. our help. ken limbs, heal them physically, try to So I am just putting a line in the I yield the floor. help them emotionally, and then stick sand here and saying to my colleagues them in orphanages for the rest of that I am proud of the 40 Members of f their lives. I am not going to support Congress, House and Senate Members, CONCLUSION OF MORNING that. I am hoping the Members on this who sent a letter to Secretary of State BUSINESS side will not support that either. Hillary Clinton, who all of her life has The ACTING PRESIDENT pro tem- That is what we have had for the last been a leader on this subject. We are so pore. Under the previous order, morn- 50 and 100 years in terms of policy all grateful she is there as Secretary of ing business is closed. around the world, even in Haiti. We State. We sent this letter to Secretary f cannot have that anymore. The inter- Napolitano. I am going to put this let- national treaty that we have all been a ter in the RECORD. INCREASING THE STATUTORY part of trying to help says this: It says I am pleased the letter we just sent 3 LIMIT ON THE PUBLIC DEBT every child should stay in the family to days ago has already been responded The ACTING PRESIDENT pro tem- which they were born with the parents to. The Departments have issued hu- pore. Under the previous order, the

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.008 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S73 Senate will resume consideration of nyms around here that we sometimes and came up with a solution that was H.J. Res. 45, which the clerk will re- confuse voters. Since I was part of the accepted in a bipartisan fashion. I said: port. negotiations that produced the bill All right. We will give Secretary The legislative clerk read as follows: known as TARP, I wish to lay that Paulson his $700 billion headline. We A joint resolution (H.J. Res. 45) increasing predicate for a moment. TARP stands will allow him to say the Congress has the statutory limit on the public debt. for Troubled Asset Relief Program. We authorized the Treasury Department to Pending: were focusing, at the time that bill was spend $700 billion dealing with this Baucus (for Reid) amendment No. 3299, in passed, on the impact of troubled as- problem of troubled assets. However, the nature of a substitute. sets on the financial system. the fine print makes it clear, they are Baucus amendment No. 3300 (to amend- Those who were present when Chair- only going to have authority for $350 ment No. 3299), to protect Social Security. man Bernanke and Treasury Secretary billion without coming back to Con- Thune amendment No. 3301 (to amendment Paulson spoke to us will remember gress to get approval for the second No. 3299), to terminate authority under the that they came to the Congress and Troubled Asset Relief Program. $350 billion. So the headline was there. said: We are facing a crisis, and we Secretary Paulson was able to get on The PRESIDING OFFICER (Ms. have 4 days before there is an entire the telephone and call all the central LANDRIEU.) The Senator from Montana meltdown worldwide. One of my col- bankers all over the world and say: The is recognized. leagues made the comment: I feel as Congress is going to approve $700 bil- Mr. BAUCUS. We are now on the debt though I am in a ‘‘James Bond’’ movie lion of authority. But the fine print limit legislation. In a second I will with this kind of threat hanging over said: You are going to break it up into cease speaking so the Senator from us. two tranches, the first 350 for imme- Utah can address the Senate. So a group of us who were members diate disbursal—and, again, that will I think we are making progress. of the Banking Committee met under take months to do—and then come Three amendments are now pending. the leadership of Chairman DODD and back for the second 350 after you see The first is the substitute amendment began the discussion. I will make it how it works. raising the debt limit amount; second, clear, the discussion was completely In the Senate, we approved that by a an amendment by the Senator from bipartisan. There was no attempt on large margin and it went forward. I South Dakota on TARP; and third, an the part of anybody, with maybe one or voted for that first tranche of 350 be- amendment by this Senator to protect two exceptions, to do any kind of par- cause I was convinced the challenge Social Security. We anticipate the Sen- tisan gamesmanship. It was, we are fo- was there and the crisis was real. ators from North Dakota and New cusing on the problem and what we Looking back on it and having testi- Hampshire will be offering their have to do to deal with it. The proposal mony from a wide range of economists amendment to create a budget commis- was made by the Secretary of the and observers before the Banking Com- sion sometime midday today. I am Treasury that he had to be equipped mittee, I am convinced that first vote hopeful the Senate can schedule votes with the authority to stand before the was the right vote. The crisis was on my Social Security amendment, the entire world and say: I have authority there, and the $700 billion headline did Conrad-Gregg commission amendment, from the Treasury to spend $700 billion indeed avert the crisis. and, perhaps, the pending Thune to deal with this problem of troubled Then, the administration came back amendment as well early this after- assets. and said: We need the authority for the noon. We are hopeful we can continue I called an economist whose judg- second $350 billion. At that point, I felt to process amendments, with the goal ment I trust before I entered into those the crisis had passed, and I looked at of wrapping up this legislation early activities and said: Tell me if this is the way the administration had han- next week. going to work. dled the first 350, which was different His first comment was: I am afraid Before I take a few moments to de- than what we were told, and I said: I $700 billion may not be enough. Be- scribe the amendment I offered yester- am not going to vote to approve the cause the crisis is so serious and the day to protect Social Security, I yield second 350. I don’t think you can make challenge to the confidence of the the floor so the Senator from Utah a case for the second 350, in the face of may address the Senate. banking system so deep, we do need something very dramatic, and $700 bil- the facts we have before us, that is, in The ACTING PRESIDENT pro tem- any way, as compelling as the case for pore. The Senator from Utah. lion might not be dramatic enough. But then he made a comment which the first 350. So I voted against the sec- AMENDMENT NO. 3301 I found very useful: But, in fact, Sen- ond 350. Mr. BENNETT. Madam President, I ator, the Treasury Department cannot Then, we saw this start to be used in thank the chairman of the Finance shovel $700 billion out the door in any ways that were never, ever discussed Committee for his courtesy. He has al- kind of rapid pattern. So this is more when we adopted that first tranche of ways been most accommodating, even of a public relations kind of statement 350. We saw it used for the auto bailout to those of us who disagree with him. than it is a practical matter. after the Congress refused to appro- That contributes to a sense of comity I said: OK, how fast could the Treas- priate money for the auto bailout. We in the Senate. I am grateful to him. ury spend the money in an effort to said: OK. These are not necessarily I am in favor of the Thune amend- start acquiring these troubled assets troubled assets of the kind that TARP ment, which will be voted on sometime and deal with this problem? was supposed to address, but it is some- this afternoon. I do not come to this He said: $50 billion a month is prob- thing we are going to do. As a result of brand new. This is an amendment I co- ably the fastest people could spend the that, the auto companies got $25 billion sponsored with Senator THUNE back in money, actually disburse the money. and the U.S. Treasury got stock in two October 2009. It has to do with the So when we got into the meeting and bankrupt companies—not my idea of a question of the survival or continu- started discussing what became TARP, good deal for the taxpayers. Then we ation of TARP. My constituents are I made the proposal, instead of giving have seen stimulus packages and other often confused as to what TARP is. them $700 billion, since they can only bailout packages and other activities There is an attempt many times to disburse $50 billion a month, why don’t and the TARP money being used in a wrap the whole question of bailout to- we give them $250 billion, which is 5 variety of different ways contrary to gether in any vote that has to do with months’ worth, and see if it works. The what we were told at the time we made the expenditure of Federal funds, in the response that came back from Sec- the first decision. face of the financial crisis we faced last retary Paulson’s office was: $250 billion One of the issues that was important year, as being called a bailout. So I ex- will not satisfy the marketplace as a to understand about that first decision plain to my constituents that there is whole that we are serious. was, we were going to acquire assets a significant difference between TARP I went back to the comment, again, and that when the crisis passed, those and stimulus funds or bailout funds of my economist friend who said even assets could be liquidated and money that were spent outside TARP and take $700 billion might not be enough. would come back into the Treasury. them back to the definition of what Without going into any further de- Yes, money would go out to the tune of TARP stands for. We use so many acro- tails, we went through the situation $350 billion, but as the crisis passed,

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.010 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S74 CONGRESSIONAL RECORD — SENATE January 21, 2010 money would come back, we hoped, to with this in a congressional way. Let’s process from reneging on Social Secu- the tune of $350 billion and maybe even simply end TARP right now, making it rity’s commitment to those people and more because there was interest to be clear that the money, as it comes back, putting a lot of people back in poor paid on those areas where there were cannot be used for any other purpose. economic straits. loans. There were warrants that were The underlying resolution to which Numerous groups representing sen- established on those areas where there this amendment is being offered is one iors have called for excluding Social were investments. The assets them- to raise the national debt. This amend- Security from this fast-track process. selves were assumed to have more ment is one that will take steps to AARP, for one, recommends that So- value than they might have when we lower the national debt. I think it is cial Security be excluded from the acquired them. There were economic consistent with the history. It is cer- commission’s deliberations. This is studies at the time that said the tax- tainly consistent with the history I what AARP says: payers will make money off TARP. We have had on this issue trying to deal [W]e urge that Social Security not be con- will get the money back with interest, with the TARP problem right from the sidered in the context of debt reduction; this with additional revenue. very beginning. I think it is the right program does not contribute to the annual That has started to come to pass. At thing to do. deficit, and its long-term solvency can be re- solved by relatively modest adjustments if I am grateful to Senator THUNE for least of that first tranche of TARP, the they are made sooner rather than later. money has started to come back. Over offering this amendment. I am happy The National Committee to Protect $100 billion has come back for a variety to be one of the lead cosponsors, as I Social Security and Medicare also fo- of reasons. In some cases, because the was previously when we tried to sunset cused on Social Security, arguing that firms are capable now of paying it TARP on December 31. I will do every- it is inappropriate for such a commis- back; in some cases, because the firms thing I can to try to convince my col- sion. Here is what they wrote: want to get out from under the control leagues that while the recession clearly of the Treasury, the control that goes continues, the crisis that spawned Incorporating Social Security into such a commission would signal to America’s sen- with having a Treasury investment, TARP is over. There is no inter- iors that the President is willing, and even the money is coming back in. national financial crisis of confidence eager, to cut Social Security benefits. Ulti- In that meeting where we decided we in the banking system anymore. The mately, older Americans will accept changes would do the 350 rather than the full crisis of the toxic assets that had us in Social Security only if they have a voice 700, we made another decision. It was worried about having only 4 days to act in the decision and feel confident that very clear to all Senators in that meet- has passed. Yet the instrument that changes are solely for the purpose of improv- ing and who drafted that bill—and I was created to deal with that crisis ing and strengthening the program. For this was not one of the ones who drafted it; lives on under a new heading being reason, Social Security solvency should not be taken up in the context of a fiscal com- I am not a lawyer; that was handed used for new purposes. It is, indeed, an mission. over to others—when the money comes example of bait and switch. A consortium of groups from the back, it can be used for only one pur- For that reason, I urge my colleagues AFL–CIO to Common Cause, to NOW, pose. That purpose is to pay down the to get behind the Thune amendment, once again, focused on the problems national debt. If we are going to raise which we will vote on later today, rec- with allowing the budget commission the national debt by $350 billion, when ognize that a promise made to the tax- to change Social Security. Here is what we get the $350 billion back, it should payers a little more than a year ago is they wrote: go solely to retire the debt that was a promise we need to keep. Responsible created when the money went out. Ev- government says, when we are debating [A]n American public that only recently rejected privatization of Social Security will eryone agreed to that. I believed that increasing the debt limit, a step that undoubtedly be suspicious of a process that was written into the bill. So it came as will reduce the national debt is clearly shuts them out of all decisions regarding the a great surprise to me, as the money one we ought to take. future of a retirement system that’s served started to come back, that Secretary I yield the floor. them well in the current financial crisis. Geithner said: We are going to recycle The ACTING PRESIDENT pro tem- The idea of excluding Social Security it. We are going to use it for other pore. The Senator from Montana. from fast-track processes is not new. kinds of rescues, other kinds of finan- Mr. BAUCUS. Madam President, I Congress already excludes Social Secu- cial circumstances. thank my colleague, Senator BENNETT rity from the fast-track reconciliation Along with many of my colleagues from Utah, for his statement. He process. who were privy to the original discus- makes some very good points. Al- The text of my amendment is very sion, I said: Wait a minute. That is not though I will not be able to support the similar to a provision that appears what the law says. The law says, as it amendment, I wish to say his presen- right now in section 310(g) of the Con- comes back, it has to go to pay down tation and the points he is making are gressional Budget Act. That Budget the national debt. quite good. Act section prohibits using reconcili- No, said Secretary Geithner in the AMENDMENT NO. 3300 ation to make cuts to Social Security. hearing, that is not the way our law- Madam President, I have an amend- That is in the law today. My amend- yers interpret it. Our lawyers look at ment which I would like to explain. It ment would do the same for the fast- this and say: You in the Congress gave is very simple. It will protect Social track procedures in the Conrad-Gregg us the authority to recycle this and Security from cuts in the fast-track amendment. spend it on other things, in addition to process proposed to be created in the The Senate added the Budget Act the original crisis. Conrad-Gregg amendment. section on which my amendment is It is for that reason, among others, It is clear from the public statements patterned to the law in 1985. Senator that I joined with Senator THUNE in of- of Senators CONRAD and GREGG, they Hawkins of Florida offered the amend- fering an amendment earlier last year, have painted a big red target on Social ment, and the Senate adopted it by earlier in this Congress, saying, no, we Security and Medicare. That is what voice vote on October 8, 1985. It has are going to end TARP on December 31, this commission is all about. It is a big been the law for nearly 25 years. which was the original date we set for roll of the dice for Social Security and Let me read from some of the debate this. We were unsuccessful in that Medicare. that occurred that day in 1985. Much of amendment. Now we are going to try Millions of American seniors rely on that debate is directly relevant to the again. We are going to offer the amend- Social Security. Social Security is a amendment I propose today. ment that says: All right. We feel there commitment to America’s seniors. I Senator Hawkins explained the pur- has been a bait and switch. We feel this might say, if we did not have Social Se- pose of her amendment. She said: administration has changed the rules curity, as to estimates I have seen, This amendment states that changes in So- from the way we thought we wrote about half of American seniors today cial Security cannot be made in reconcili- them. There may even, indeed, be a would be living in poverty. Social Se- ation. lawsuit here, because if the law says curity basically has kept a lot of senior Senator Hawkins continued: what we believe it said, the administra- Americans from living in poverty. We The whole idea behind removing Social Se- tion is breaking the law. But let’s deal should, therefore, prevent a fast-track curity from the unified budget is to make

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.011 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S75 changes in the program based on the needs Social Security is running surpluses. American people want to end TARP, and constraints of the program itself and not For years into the future, Social Secu- want to end too big to fail, and get for short-term budgetary reasons. Social Se- rity is going to run surpluses. Social back to our normal economic rules curity is self-financed and has long-term Security, thus, reduces the current grounded in the . goals. It should not be subject to the same Why should we end TARP? First of constraints of programs competing for scarce unified budget deficit. Social Security general revenue funds. If my amendment is is not the reason for our fiscal problem. all, in the original bill, the end date to . . . adopted, it does not mean that changes Furthermore, over the longer term, TARP was supposed to be December 31 in Social Security could never be made. It Social Security is growing with the of last year. That was the normal end merely means that if and when changes are rate of growth in the economy. Social date. Last December, the Secretary of made to Social Security, it would not be in Security is growing more slowly than the Treasury, under authority he had, the context of the budget. health care expenditures. Social Secu- on his own, under the language of the Senator Heinz of Pennsylvania sup- rity is not the primary source of long- bill, extended TARP for almost another ported the Hawkins amendment. Here term fiscal imbalance—all the more year. I believe that was the wrong deci- is what Senator Heinz said. This is 1985: reason, I submit, why my amendment sion, unjustified, and I believe we I think we first do agree that the legisla- should be adopted. should act to stick by the original end tion needs language that does what the Sen- The ACTING PRESIDENT pro tem- date and end TARP immediately. ator from Florida suggests this does; name- pore. The Senator from Louisiana. I do not think there is anyone on this ly, to put an extra lock on the door so no one AMENDMENT NO. 3301 floor or around the country who can can say that Social Security is going to end argue we need a continuation of TARP up in reconciliation. That is the intent. Mr. VITTER. Madam President, I rise because our financial system is in some Senator Heinz continued: to strongly support an amendment on the floor that I have coauthored. I have imminent danger. There is no immi- This language . . . does a very important nent danger out there. Hopefully, that joined Senator THUNE, Senator BEN- job by making a point of order in order will not develop. But, clearly, it does against any reconciliation bill that comes to NETT, and many others on this amend- the floor with Social Security cuts in it. ment to immediately end TARP, the not exist now. Secondly, the right response to fu- Senator Heinz made clear that under so-called Troubled Asset Relief Pro- ture failures is not to pump taxpayer the provision the Senate was adding to gram—to end that, to wind it down im- money without limit to individual in- the Budget Act, Congress could still mediately, once and for all. stitutions. The right response is to end make changes to Social Security, just Again, the amendment is very simple too big to fail and to have an orderly not in a fast-track vehicle. Senator and straightforward. It terminates resolution regime. That is exactly Heinz went on to say: TARP immediately when this provision what I am working on with Democrats, is signed into law. Just as importantly, [T]he Finance Committee retains jurisdic- with other Republicans on the Banking tion over the programs involving the Social the amendment ensures that all TARP Committee, to pass regulatory reform, Security Act. And were it required, for rea- money that is repaid to the Federal including an orderly resolution regime sons having to do with solvency of Social Se- Government goes to debt reduction, as to end too big to fail. curity, reasons of equity, having to do with clearly intended under the law, under either the taxes or the benefits involving So- Then, the third reason we need to end cial Security, or any other reason having to the original language for TARP. TARP is it has become, in the last do with it that we might see fit, but not hav- I have long fought for this termi- year, a purely political slush fund to ing to do with reconciliation and the budget nation. First of all, I had grave res- spend on whatever the political whim process, we could work our will, as we have ervations about TARP from the begin- of the moment is. It was never exe- in the past, on the Social Security Program. ning, and I voted against that proposal. But not as part of the reconciliation. cuted to achieve its original purpose. Looking back, I do not think it is at all TARP stands for Troubled Asset Relief Senator Rudman of New Hampshire, clear that was necessary to avert some Program. Yet, ironically, that is about a cosponsor of the Gramm-Rudman- impending disaster. Looking at the last the only thing TARP funds have never Hollings budget process, spoke in favor year, I think it is perfectly clear TARP been used for, the actual purchase of of the amendment. Here is what he has become a slush fund and has led to troubled assets. said: all sorts of continuing spending abuses. From the very beginning, just after [T]he language offered by the Senator from Because of those concerns from the it was named the Troubled Asset Relief Florida has one single effect. That effect is very beginning, I have been working to Program, it has been used for every- that any reconciliation taken by the Senate end TARP. On January 5 of last year, I thing else under the Sun—first, pump- Finance Committee would have to survive a offered the resolution of disapproval to point of order if it dealt with anything that ing money directly into specific mega had to do with old age assistance. try to block the release of the second financial institutions, then pumping half of TARP funds, the second $350 bil- Senator Domenici of New Mexico, money directly into the auto compa- lion. then the chairman of the Budget Com- nies. Clearly, the car companies are On April 2, 2009, I offered an amend- mittee, also explained the Hawkins not banks, are not financial organiza- ment to the budget to rescind unspent amendment in the same way. This is tions. They were never intended to be TARP funds and to end it then. what Senator Domenici said: included under TARP. On April 30 of last year, I offered an Since then, during 2009, the proposals This amendment would with specificity amendment to S. 896 to remove any ob- say that any reconciliation bill containing to use TARP as just a pot of money to provisions with respect to Social Security stacles to the repayment of TARP spend at everyone’s political whim would be subject to a point of order. That is funds because, at that time, the bank have gone on and on. There have been what this amendment does. regulators and the Department of proposals to use TARP money to fund That is what Senators said when they Treasury were forcing, in some cases, highway projects. There are proposals adopted a prohibition on using the fast- financial institutions to actually keep right now to use TARP money for a track reconciliation process to make their TARP money and not repay it new jobs program. There are proposals, changes in Social Security. That is back to the taxpayer sooner rather at least on the House side, to start a why all those Senators supported ex- than later. brand new housing program funded by cluding Social Security from the fast- On August 6 of last year, I offered an the TARP assets. track reconciliation process, and I amendment to H.R. 3435, a bill which Perhaps we should do new activity argue that all the same arguments provided extra money for the Cash for regarding highway construction, job apply today as well. Clunkers Program, to end TARP on a creation, housing, but we should not Let us prevent Social Security from date certain; namely, the end of last use TARP as a political grab bag, a being cut in a fast-track commission year. slush fund, to pay for that and what- process. Let us keep America’s com- Unfortunately, those efforts failed. ever else is the whim of the majority in mitment to our seniors. I urge my col- But those efforts picked up steam and Congress. That is a clear abuse of the leagues to adopt my amendment to support every step of the way and cer- program, and it is a clear ongoing protect Social Security. tainly they helped illustrate—and re- threat if TARP is allowed to exist. I might also say, Social Security is cent discussion and debate and elec- If we go back to the origination of not the cause of our deficit problem. tions, I think, helped illustrate—the TARP and discussions and talks made

VerDate Nov 24 2008 01:43 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.014 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S76 CONGRESSIONAL RECORD — SENATE January 21, 2010 at the time, it is clear that then-Sen- Let’s stop this continuing threat that 2030 and to remain slightly below that level ator Obama, then-Presidential can- TARP is just used as a political slush for 50 more years. In fact, the 2009 Annual didate Obama pledged to the American fund to fund spending, programs, and Report of the Board of Trustees pointed out people that TARP would only be used ideas at the whim of the majority of that Social Security ran a surplus of $180 bil- lion last year and had accumulated a reserve for certain purposes, and every penny Congress as it develops week to week. of $2.4 trillion. would be repaid to the taxpayer. On Oc- Let’s return that money to the Amer- tober 1, 2008, then-Senator Obama, ican taxpayer. Let’s reduce the debt. That is a reserve, a surplus, of $2.4 then-Presidential candidate Obama, Let’s reduce the deficit. trillion. clearly spelled out his conditions that Thank you, Madam President. I yield The most recent projections of the Con- he required to support TARP. He said: the floor. gressional Budget Office forecast that Social If the American taxpayers are financing The ACTING PRESIDENT pro tem- Security will continue to pay full benefits this solution, then they have to be treated pore. The Senator from Montana. until 2043. like investors. They should get every penny Mr. BAUCUS. Madam President, I That is a surplus at least until the of their tax dollars back once the economy have further correspondence which I year 2043. recovers. wish to read into the RECORD with re- Moreover, Social Security, with its de- I don’t think there is any mistake in spect to my amendment which is pend- pendable, guaranteed benefits, is the very the law or the President’s comments, ing, as well as with respect to state- program that helped us most recently avoid but because he didn’t want to be mis- ments by organizations that essen- a 1930s-style depression. understood, he didn’t want to commu- tially oppose the Conrad-Gregg amend- Again, I am reading from the letter nicate in any sort of vague way, he re- ment. The first is from the Leadership from the Leadership Council of Aging iterated that, and he said in addition, Council of Aging Organizations. It is Organizations. Continuing: ‘‘every penny of which will go directly entitled, ‘‘Proposed Bipartisan Task Even as the banking and financial systems back to the American people.’’ Force for Responsible Fiscal Action.’’ threatened to collapse, Social Security con- The problem is, that is not what is It says: tinued to provide a reliable economic lifeline happening. Every month, every week, Dear Representative: The Leadership to millions of children, disabled workers, re- every day that TARP continues to Council of Aging Organizations (LCAO) is a tired workers, and spouses (including wid- exist, raids on the slush fund, raids on coalition of national not-for-profit organiza- owed and divorced spouses) dependent on TARP, bright new ideas to spend the tions focused on the well-being of America’s those benefits. These benefits helped to off- money so that it will never be returned 87 million older adults. Today, we write to set lost earnings and stimulated the econ- to the taxpayer abound. you and your colleagues regarding recent ef- omy by maintaining purchasing power. Ac- Unfortunately, since he explained his forts to create a commission that would cording to a recent study by the National force changes to entitlement programs, Academy of Social Insurance and Benenson initial conditions for supporting TARP, among other things, through the use of a Strategy Group, nearly nine in ten (88%) the President has acted in a wholesale Congressional fast-track procedure. We firm- Americans say that Social Security is more different way. He supported TARP ly believe that Congress, through its regular important than ever as a result of today’s money going to the car companies legislative process, is best suited to consider economic crisis. which was never intended under the and address any changes to these programs. Social Security remains the bedrock of re- original bill. He supported these new While we have additional concerns regarding tirement security for over 33 million older ideas coming from liberals in the the use of such a commission on Medicare, Americans: On average, households with So- House and Senate to use TARP money Medicaid, Supplemental Security income, cial Security beneficiaries aged 65 and older community service and Federal civilian mili- for highway construction or a new jobs received about 64 percent of their income tary retirement programs, this letter is di- from the program in 2006. program or a new housing program, rectly focused on Social Security. The LCAO which was never intended under the will be sending, under separate cover, a let- It then gives a reference in paren- original bill. ter devoted to expressing its concerns with thesis. The reference is in the letter. We need to get back to the Presi- the impact a fast-tracked commission would Additionally, Social Security provides a dent’s original promise: to treat the have on Medicare and Medicaid. lifeline to 4.1 million children, 7.7 million American taxpayers like the investors Last month’s Budget Committee hearing disabled workers, 2.4 million spouses or di- they are, to honor their wishes, to pro- on Bipartisan Process Proposals for Long- vorced spouses of retired workers and 4.4 Term Fiscal Stability considered the cre- million surviving spouses. tect their funds, and to get all of that ation of a commission that would be tasked money returned to the American tax- The importance and value of Social Secu- with addressing rising Federal debt by ‘‘clos- rity to so many Americans demands that payer. ing the gap between tax revenue coming in proposals to change the program be given I find it pretty ironic that during the and the larger cost of paying for Social Secu- the due weight, consideration and debate in last few weeks the President has rity, Medicare and Medicaid benefits.’’ This Congress that they deserve. With this in bashed big banks and proposed a big is a weighty responsibility, requiring careful mind, the undersigned members of the LCAO new tax against big financial institu- review of these critical social programs on oppose the creation of a fast-track entitle- tions. Yet, at the same time, he wants which so many depend. But there is no guar- ments commission. antee that the members of this commission to continue TARP, and he wants to would have the necessary expertise to con- I am going to read some of the sig- continue the ability to give those same duct such an intensive review. natories to this letter: big financial institutions taxpayer dol- That is very valid. How would this AFL–CIO, AFSCME Retirees, Alliance for lars virtually without limit. Why don’t commission know how to make those Retired Americans, the American Associa- we start on the path to fiscal responsi- cuts? They don’t have expertise on the tion of Homes and Services for the Aging, bility by at least not showering those programs. This would be an outfit that American Society on Aging, Association of big financial institutions with more just cuts without having any sense as Jewish Aging Services of North America, B’Nai B’Rrith International, Center for taxpayer dollars? We are out of the cri- to how these programs operate and sis. We don’t need TARP. Let’s end it, Medicare Advocacy, Inc., Gray Panthers, what changes might be made. International Union, United Automobile, end it immediately, wind it down. Continuing to quote from the letter: So, again, I urge all of my col- Aerospace & Agricultural Implement Work- Our concern is that their recommenda- ers of America, UAW; Military Officers Asso- leagues—Democrats, Republicans—to tions, nevertheless, would be forced through ciation of America, National Academy of honor the President’s initial words Congress, without amendment(s), under ex- Elder Law Attorneys, National Active and back in the fall of 2008 about what tremely short timelines and with no oppor- Retired Federal Employees Association, Na- TARP was supposed to be about and tunity to debate individual issues or consult tional Alliance for Caregiving, National how all of the money should be repaid with constituents. Asian Pacific Center on Aging, National As- to the taxpayers. Let’s honor those In addition to our objections about the sociation of Area Agencies on Aging, Na- words. Let’s honor the initial promises proposed commission process, we are con- tional Association of Professional Geriatric about TARP, and let’s end it imme- cerned that its mission would imply that So- Care Managers, National Caucus and Center cial Security has somehow contributed to on Black Aged, Inc., National Committee to diately since the crisis has passed and the Nation’s economic woes. Social Security Preserve Social Security and Medicare, Na- ensure that all of the money, as it is is not a part of the deficit problem nor is it tional Council on Aging, National Senior repaid over time, goes back to the part of an ‘‘entitlement crisis.’’ Its cost is Citizens Law Center, National Consumer American taxpayer by reducing debt. projected to consume only 6.2% of GDP by Voice for Quality Long-Term Care, OWL,

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.016 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S77 The Voice of Midlife and Older Women, Serv- benefits helped to offset lost earnings and The Congressional Budget Office, in its Au- ice Employees International Union, the Jew- stimulated the economy by maintaining pur- gust 2009 forecast, said that full benefits can ish Federations of North America, Volun- chasing power. According to a recent study continue to be paid until 2043. There is ample teers of America, Wider Opportunities For by the National Academy of Social Insurance time to make the necessary adjustments Women. and the Benenson Strategy Group, nearly through the usual legislative process. I think that letter speaks for itself, nine in ten (88%) Americans say Social Secu- The best way to get the cost of Medicare under control is by reforming the health care but I ask unanimous consent that it be rity is more important than ever as a result of today’s economic crisis. system as you are currently trying to do, not printed in the RECORD. Social Security remains the bedrock of re- by cutting benefits to the millions of people There being no objection, the mate- tirement security for over 33 million older whose health is at stake. rial was ordered to be printed in the Americans: On average, households with So- That is a very important point. Let RECORD, as follows: cial Security beneficiaries age 65 and older me just read it again because it is so received about 64 percent of their income LEADERSHIP COUNCIL OF AGING true: from the program in 2006 (Social Security ORGANIZATIONS, The best way to get the cost of Medicare December 8, 2009. Administration 2009b: Table 9.A1). Addition- ally, Social Security provides a lifeline to 4.1 under control is by reforming the health care Re: Proposed Bipartisan Task Force for Re- system . . . rather than by cutting benefits sponsible Fiscal Action million children, 7.7 million disabled work- ers, 2.4 million spouses or divorced spouses of to millions of people whose health is at DEAR REPRESENTATIVE: The Leadership stake. Council of Aging Organizations (LCAO) is a retired workers and 4.4 million surviving coalition of national not-for-profit organiza- spouses. Continuing in the letter: tions focused on the well-being of America’s The importance and value of Social Secu- There are many ways to cut the deficit— 87 million older adults. Today, we write to rity to so many Americans demands that once our economy has recovered. In the you and your colleagues regarding recent ef- proposals to change the program be given meantime, Social Security and Medicare forts to create a commission that would the due weight, consideration and debate provide a measure of economic stability dur- force changes to entitlement programs, from Congress that they deserve. With this ing a time of financial crisis in our commu- among other things, through the use of a in mind, the undersigned members of the nities. As Frances Perkins said on the 25th Congressional fast-track procedure. We firm- LCAO oppose the creation of a fast-track en- anniversary of Social Security, ‘‘We will go ly believe that Congress, through its regular titlements commission. forward into the future, a stronger nation legislative process, is best suited to consider Sincerely, because of the fact that we have this basic and address any changes to these programs. AFL–CIO; AFSCME Retirees; Alliance rock of security under all our people.’’ While we have additional concerns regarding for Retired Americans; American Asso- In 2010, we’ll celebrate the 75th anniver- the use of such a commission on Medicare, ciation of Homes and Services for the sary of Social Security. Medicaid, Supplemental Security Income, Aging; American Society on Aging; As- We urge you to stand firm against the pro- community service and federal civilian and sociation of Jewish Aging Services of posal for a fast-track commission that would military retirement programs, this letter is North America; B’Nai B’Rith Inter- diminish these programs that speak so deep- directly focused on Social Security. The national; Center for Medicare Advo- ly of America’s values. LCAO will be sending, under separate cover, cacy, Inc.; Gray Panthers; Inter- Respectfully yours. a letter devoted to expressing its concerns national Union, United Automobile, Madam President, I suggest the ab- with the impact a fast-tracked commission Aerospace & Agricultural Implement sence of a quorum. would have on Medicare and Medicaid. Workers of America, UAW; Military Of- The ACTING PRESIDENT pro tem- Last month’s Budget Committee hearing ficers Association of America; National Academy of Elder Law Attorneys; Na- pore. The clerk will call the roll. on Bipartisan Process Proposals for Long- The assistant legislative clerk pro- Term Fiscal Stability considered the cre- tional Active and Retired Federal Em- ployees Association; National Alliance ceeded to call the roll. ation of a commission that would be tasked Mrs. HUTCHISON. Madam President, with addressing rising federal debt by ‘‘clos- for Caregiving; National Asian Pacific ing the gap between tax revenue coming in Center on Aging; National Association I ask unanimous consent that the order and the larger cost of paying for Social Secu- of Area Agencies on Aging; National for the quorum call be rescinded. rity, Medicare and Medicaid benefits.’’ This Association of Professional Geriatric The ACTING PRESIDENT pro tem- is a weighty responsibility, requiring careful Care Managers; National Caucus and pore. Without objection, it is so or- review of these critical social programs on Center on Black Aged, Inc.; National dered. which so many depend. But there is no guar- Committee to Preserve Social Security Mrs. HUTCHISON. Madam President, antee that the members of this commission and Medicare; National Council on Aging; National Senior Citizens Law I ask unanimous consent to speak for would have the necessary expertise to con- up to 15 minutes. duct such an intensive review. Our concern is Center; NCCNHR: The National Con- sumer Voice for Quality Long-Term The ACTING PRESIDENT pro tem- that their recommendations, nonetheless, pore. Without objection, it is so or- would be forced through Congress, without Care; OWL, The Voice of Midlife and amendment(s), under extremely short Older Women; Service Employees dered. timelines and with no opportunity to debate International Union; The Jewish Fed- AMENDMENT NO. 3301 individual issues or consult with constitu- erations of North America; Volunteers Mrs. HUTCHISON. Madam President, ents. of America; Wider Opportunities for I rise today to speak in support of the Women. In addition to our objections about the Thune amendment, which I cospon- proposed commission process, we are con- Mr. BAUCUS. Madam President, I sored. It would put the brakes on the cerned that its mission would imply that So- might also add that there is another TARP train wreck. cial Security has somehow contributed to letter I have. I have referred to this or- TARP was originally conceived to the nation’s economic woes. Social Security ganization already, but I will read purchase toxic assets from banks in is not a part of the deficit problem nor is it their letter. This is from OWL, the part of an ‘‘entitlement crisis.’’ Its cost is order to clean up their balance sheets projected to consume only 6.2% of GDP by Voice of Midlife and Older Women: and provide them the capability and li- 2030 and to remain slightly below that level Dear President Obama, Speaker Pelosi, and quidity to begin lending again. At the for 50 more years. In fact, the 2009 Annual Senate Majority Leader Reid: time, Federal Reserve Chairman Ben Report of the Board of Trustees pointed out We, the undersigned, urge you to preserve Bernanke said that we were facing the that Social Security ran a surplus of $180 bil- and protect two of the most important and successful government programs in the his- most severe financial crisis in the post- lion last year and had accumulated a reserve World War II era. President Bush stat- of $2.4 trillion. The most recent projections tory of the United States—Social Security of the Congressional Budget Office forecast and Medicare. We ask that you resist the ed that the unprecedented challenges that Social Security will continue to pay full pressure by Wall Street and conservative of such a financial crisis required un- benefits until 2043. members of Congress to form an undemo- precedented response and, without ac- Moreover, Social Security, with its de- cratic and unaccountable fast-track ‘‘deficit tion, the American people would face pendable, guaranteed benefits, is the very commission’’ that would cut these programs massive job losses, significant erosion program that helped us most recently avoid that are so crucial to the well-being of the in the value of retirement accounts and a 1930s-style depression. Even as the banking people of our country. Social Security is not responsible for any home values, and a lack of credit avail- and financial systems threatened to collapse, ability. Treasury Secretary Hank Social Security continued to provide a reli- part of the deficit. The 2009 Annual Report able economic lifeline to millions of chil- from the Board of Trustees stated that So- Paulson said that unless Congress took dren, disabled workers, retired workers, and cial Security ran a surplus of $180 billion last action, the financial system of our Na- spouses (including widowed and divorced year with a reserve of $2.4 trillion. tion and the world would collapse in spouses) dependent on those benefits. These That is a reserve of $2.4 trillion. short order.

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.017 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S78 CONGRESSIONAL RECORD — SENATE January 21, 2010 My constituents said at the time was envisioned. I most certainly never We need to recommit today to reor- that they could not get loans to keep voted to authorize a revolving fund to der our financial priorities. We need to their businesses up and running. Some- remain in our economy indefinitely. I get our financial house in order. That thing needed to be done. Secretary didn’t even vote for $350 billion of this means cutting down on the debt, not Paulson proposed an emergency plan to $700 billion that is now becoming a re- adding to it. It means cutting spend- authorize as much as $700 billion to volving fund. ing, and it means making our tax cuts purchase toxic assets, such as devalued According to the most recent TARP permanent. Capital gains and dividends mortgage securities, from the financial report from the Office of Financial Sta- rates should be lowered permanently so institutions holding them. It was stat- bility, approximately $545 billion in that our stock market would be perma- ed that the plan would restore con- TARP funds has been committed. Re- nently stabilized. And we should lower sumer confidence in the economy as payments through TARP were over $165 the rate for everyone because the peo- the Treasury would show faith in our billion. This leaves roughly, with the ple who can hire others will be paying financial system by purchasing these amount of the $545 billion which has at the highest rates when the rates go assets and managing them while the been committed, about $374 billion up. That includes schedule C corpora- market stabilized, and selling them being paid out with roughly $319 billion tions. We need to lower capital gains later. The proceeds from the sale of of unobligated TARP funds, or TARP rates. We need to lower the burden on these assets would then go to pay down authority. businesses. We need to lower the bur- The recent report issued by the Con- our national debt. den on families. We need to help peo- In response, Congress proposed the gressional Oversight Panel for TARP stated that although TARP authority ple, not hurt people, who are trying to Emergency Economic Stabilization ends October 3, 2010, any funds com- plan for their financial retirement. Act, which created the Troubled Asset Today, we have a chance to take the mitted by that date but not yet spent Relief Program, called TARP, and au- first step by saying that TARP is going can still be spent under TARP past this thorized $350 billion not $700 billion in to end, that we are not going to expand deadline. This could create an indefi- Federal assistance. something that was authorized for an nite time period for expenditures The Republican and Democratic Gov- emergency purpose. This emergency ernors Associations wrote jointly to through TARP. The amendment offered by Senator purpose should be a commitment of ask Congress to act immediately on THUNE, me, and many others would Congress. We should not allow the ex- the legislation to provide economic se- allow us to truly put an end to TARP pansion of TARP. We can take the first curity to the financial system and sta- expansions, and it would put an end to step by voting for the Thune amend- bilize the crisis. Congress did act in it immediately. It would show tax- ment of which I am a cosponsor. We overwhelming majorities. payers that Congress finally gets it, need to start the process today, and we Almost immediately, however, the and that we are serious about reducing can say to the American people that Treasury Department deviated from our Nation’s skyrocketing debt. This Congress is finally listening. the intent of the program and design would indeed be the first step in put- Many on my side of the aisle have they told Congress they would pursue. ting our financial house in order. been making these points day after It did not purchase toxic assets as Today, we can begin the process of day. We were here almost every day in planned. Instead, the Treasury used lowering this huge debt that our coun- December, Saturdays and Sundays in- TARP funds to take equity stakes in try, which just in the last year, has in- cluded, trying to make the point that over 300 of our Nation’s financial insti- creased exponentially. We are looking people don’t want a government take- tutions. The program was further ex- at a bill that would increase our debt over of their health care system. Now I panded to nonfinancial companies, to $14 trillion. If we pass the amend- think we have a clear message from the pouring billions of dollars into AIG, ment before us today, we can cut that people of Massachusetts that they GM, and Chrysler. When the adminis- back instead of adding to the debt. don’t like this either. The exit polling tration asked for the second tranche of That is what we ought to do. showed that 48 percent of them voted $350 billion, I said no, and so did many While we are at it, we need to stop to keep this health care bill from going of my colleagues. the spending binge we are on. We need forward. The rest of them voted to say: We have especially seen the misuse of to stop the stimulus package, whatever Stop all of this takeover by govern- TARP in capital repayments to the is not authorized, because that, too, ment of so much of our lives—whether Treasury. Since the program began, will add to our debt. We need to recom- it is the cap and trade that will raise the Treasury has received over $165 bil- mit to cut taxes. We need to say our fi- energy and fuel costs or whether it is lion in paybacks, with interest. Under nancial house must get in order. It is letting the tax cuts lapse, which would the Stabilization Act, proceeds from time to reauthorize the tax cuts that give us more money for our own fami- these paybacks were meant to be used were put into place that caused our fi- lies to spend as we wish, not as govern- to pay down our national debt. That nancial stability after 9/11. It is the tax ment wishes; it is to stop the growth of was a key condition to its approval. cuts that caused our financial sta- big government; it is to stop the ending In a hearing last November, before bility. It is lowering the capital gains of the death tax for all intents and pur- the Banking Committee, of which I am rate, lowering the dividends rate of poses so that we can pass on to our a member, I spoke with the Assistant taxation. This is what would open our children the fruits of our labor. Secretary of the Treasury, Herb Alli- markets and open our ability for busi- Most of all, we have a chance today son, regarding the State of the TARP nesses to hire people. It would restore to say we are not going to raise the cap program 1 year later. Secretary Allison consumer confidence. What about the on our debt limit and we are not going told us that these repaid funds ‘‘go di- death tax that will come back in full to $14 trillion, which is now above 17 rectly into the general account of the force next year? People don’t know percent of our gross domestic product. U.S. Treasury to reduce the Treasury’s how to plan their giving to their chil- It is our debt burden. This is not funding need’’—to reduce our debt. Yet, dren or giving to their employees and healthy. when I asked him to confirm that the their businesses because they don’t The people of Massachusetts said: money repaid was no longer part of the know what Congress is going to do. If Get your house in order, Congress; get total authorization of $700 billion, Sec- there is anything Congress ought to do, your house in order, Mr. President. retary Allison said that when TARP it is stabilize our tax system and make Let’s do it. We can take the step funds are repaid, headroom is created the tax cuts permanent. We need to today to do it. It is time for Congress within the program to provide addi- lower the capital gains and dividends to hear the American people and act, tional commitments to maintain the rate permanently. These are funds that to hear their cry that we must get our $700 billion funding level. Thus, as the have already been taxed. They were house in order for the future of every Treasury puts repaid funds back into taxed when they were earned. They American and every American’s child one pot, it reaches into another for should not be taxed for savings—divi- and every American’s grandchild. That more—basically recycling the $700 bil- dends and capital gains are savings. is what we owe them. I hope we will lion. This is not what was promised. It That is how people plan for their fu- take the first step with the Thune is not what was passed. It is not what ture. amendment and then the rejection of

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.019 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S79 the resolution to raise the debt ceiling. of U.S. debt more than doubled. We can the new debt created by the United Then we can lower taxes permanently, see the track we are on. From 2001, at States was financed by foreign enti- and then we can take to the American the beginning of the Bush administra- ties—68 percent. China has now become people a new agenda that will really tion, the debt skyrocketed, and it con- our biggest creditor. They have sig- create jobs because the jobs will be in tinues to grow with the economic naled publicly and privately that they the private sector, not the government downturn and the projections from the are increasingly concerned with the fis- sector. Congressional Budget Office for the fu- cal policy of the United States. They Madam President, I yield the floor. ture. In fact, we now estimate that the are increasingly concerned about the The ACTING PRESIDENT pro tem- gross debt of the United States could security of their loans to the United pore. The Senator from Montana. reach 114 percent of the gross domestic States. Other countries have expressed Mr. BAUCUS. Madam President, we product of the United States. That has concern as well. If those countries de- anticipate the Senator from North Da- only been equaled in U.S. history after cided they would no longer extend kota will join us momentarily. Pending World War II. At that point, the debt loans to the United States, we would his arrival, I suggest the absence of a came down very rapidly. then be very quickly in a serious situa- quorum. There is no forecast that shows this tion. It would mean we would have to The ACTING PRESIDENT pro tem- debt coming down and certainly no either cut spending sharply or raise pore. The clerk will call the roll. projection and no forecast that it will taxes dramatically or raise interest The assistant legislative clerk pro- come down rapidly. Instead, what we rates in a significant way to attract ceeded to call the roll. have is a forecast by the Congressional new borrowing, new lenders. The con- Mr. CONRAD. Mr. President, I ask Budget Office that the debt will con- sequences of a failure to address these unanimous consent that the order for tinue to explode. Instead of being 100 issues goes right to the heart of the the quorum call be rescinded. percent of the gross domestic product economic strength of the country. The PRESIDING OFFICER (Mr. of the United States, the debt will rise As I said, in the article in Newsweek, FRANKEN). Without objection, it is so to a level of more than 400 percent of they say: ordered. the gross domestic product of the If the United States doesn’t come up soon Mr. CONRAD. Mr. President, I have United States. with a credible plan to restore the Federal come to the floor to discuss an amend- By any account, that is an budget to balance over the next five to 10 ment I am offering with Senator GREGG unsustainable course. We have had be- years, the danger is very real that a debt cri- to create a bipartisan fiscal task force. fore the Budget Committee the testi- sis could lead to a major weakening of Amer- The task force would be designed to de- mony of the head of the Congressional ican power. velop a bipartisan legislative package Budget Office saying the course we are For those who believe there is no cri- to address the Nation’s long-term fiscal on is clearly unsustainable. We have sis and we can just stay with the status imbalances. There would be a require- had the testimony of the head of the quo, this is a quote from the National ment that the package come before General Accounting Office saying the Journal cover story in November. The Congress for a vote. current course is clearly unsustainable. article was titled ‘‘The Debt Problem Under the rules of the Senate, our We have had the testimony of the Sec- Is Worse Than You Think.’’ It stated: amendment requires 60 votes to pass. If retary of the Treasury, both in the pre- Simply put, even alarmists may be under- we do not reach the 60-vote threshold, vious administration and this one, say- estimating the size of the [debt] problem, I will continue to push for the creation ing this trajectory is clearly how quickly it will become unbearable, and of a special process to deal with our unsustainable, and we have had the how poorly prepared our political system is debt, and I will fight to ensure any spe- testimony, clear and compelling, by to deal with it. cial process results in legislation that the Chairman of the Federal Reserve I believe the National Journal got it will get a vote in the Senate and in the that this course is absolutely about right. We are on a course that is House. We cannot afford another com- unsustainable. clearly unsustainable. Virtually every mission whose recommendations sit on I have said to my colleagues repeat- expert says to us that this is so. a dusty shelf somewhere at the Library edly that the debt is the threat. It is The consequences of a failure to deal of Congress. something we must face up to. We have with the debt are enormous. They I believe our country is at a critical been through a very sharp economic could go right to the heart of the eco- juncture. We have seen in the previous downturn. In the midst of a sharp eco- nomic strength of the country. So Sen- administration the debt of the United nomic downturn, you do not raise taxes ator GREGG and I have come to the States double. We are on course over or cut spending. That would only deep- floor with a proposal to have every- the next 8 years for at least another en the recession. In fact, we could have thing on the table, to have a bipartisan doubling of the debt. And already we seen this country plunge into a com- commission evaluate various options are reaching precarious levels, record plete collapse, and we would not have for dealing with our long-term debt levels—record levels that have never been alone. I think many of us believe threat and to come back with a pro- been seen before in this country. we just narrowly averted a global fi- posal. But they can only come back if I believe nothing short of the eco- nancial collapse. One reason it was 14 of the 18 members of that commis- nomic future of the country is at averted is because of actions by this sion agree on a future course, a super- stake. I point to this recent Newsweek administration and the previous ad- majority, a bipartisan majority. If 14 of cover from December 7 of last year en- ministration and this Congress—steps the 18 agree, that plan comes to Con- titled ‘‘How Great Powers Fall; Steep that were taken to provide liquidity to gress for a vote. Members here will de- Debt, Slow Growth, and High Spending prevent a global collapse. But those cide. This is not outsourcing the re- Kill Empires—and America Could Be steps also added to the deficit and debt. sponsibility. This is giving an inde- Next.’’ We have to acknowledge that. We have pendent commission the responsibility Here is what the article went on to to be very straight with people that to come up with a plan, but that plan say: those steps were necessary to avert a would have to be voted on by Members This is how empires decline. It begins with collapse, but they also contribute to of the Senate, Members of the House, a debt explosion. It ends with an inexorable the long-term crisis we confront—a cri- and under our formulation it would re- reduction in the resources available for the sis of a debt growing too rapidly and quire a supermajority in both Cham- Army, Navy, and Air Force. . . . If the United States doesn’t come up soon with a forecasts to reach a level unprece- bers to pass. Of course, the President credible plan to restore the Federal budget dented in our national history, a debt would retain his veto powers. He would to balance over the next five to 10 years, the level that could threaten the economic be able to veto any proposal passed by danger is very real that a debt crisis could security of the United States. the Senate and the House. I believe the lead to a major weakening of American Many people have asked me: How prerogatives of the Senate and the power. does this threaten the economic secu- House are preserved. It will require a The process has already begun. As I rity of the country? Very simply, this vote of supermajority here and in the indicated, in the previous administra- debt is increasingly financed from House and, of course, signature by the tion the debt doubled. Foreign holdings abroad. In fact, last year 68 percent of President.

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.020 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S80 CONGRESSIONAL RECORD — SENATE January 21, 2010 The former Chairman of the Federal recommendations for it to come to a The reality is this: We have a dra- Reserve has talked about the urgent vote, and final passage would require matic imbalance between spending and need to address the long-term debt sit- supermajorities—a three-fifths vote in revenue. The revenue is the green line, uation. This is what he said on Decem- both the Senate and the House. Also, the spending is the red line. Look what ber 17 of last year in testimony before the President must still sign off. As I has happened with the economic down- the Homeland Security and Govern- indicated earlier, he would retain his turn: Revenue is at its lowest point in mental Affairs Committee: full veto powers. 50 years as measured as a share of the The challenge to contain this threat is This approach has been criticized by economy. Revenue is less than 15 per- more urgent than at any time in our history. both the left and the right—the left, a cent of the gross domestic product of .... [Our] nation has never before had to group of organizations that have band- the country. Spending has skyrocketed confront so formidable a fiscal crisis as is ed together to say this kind of ap- to 26 percent of the gross domestic now visible just over the horizon. proach could lead to reductions in So- product of the country. You can see I believe the former Chairman of the cial Security and Medicare—cuts in So- that is far higher than it has been Federal Reserve has it right. We face cial Security and Medicare. I would going back 30 years. an unprecedented threat. Never before simply say to them: Look at where we Of course, we understand why, in the in our Nation’s history have we looked are. Look at where we are. Social Secu- middle of a sharp economic downturn, forward and seen the prospect, if we rity and Medicare are both cash nega- the automatic stabilizers take effect— continue current policies, of a debt tive today. The trustees of Medicare unemployment insurance, a whole se- that would equal 400 percent of the say Medicare will go broke in 8 years. ries of other measures to try to prevent gross domestic product of the United Social Security will take somewhat an even steeper downturn. So spending States. That has never, ever faced this longer. But both are on a path to insol- goes up, revenue goes down, the defi- country. That is a threat with which vency if we fail to act. cits widen, and the debt explodes. That we are unfamiliar. It hasn’t just been from the more lib- would not be so troubling if the long- The response Senator GREGG and I eral side of the spectrum that the criti- term trend didn’t tell us the debt will have crafted over 2 years of debate and cism has come, but also on the right. continue to grow from these already discussion with many of our colleagues The Wall Street Journal ran an edi- high levels. is one that is based on the principle of torial calling the debt reduction com- The need for tax reform, I think, is accountability. All of the task force mission—or the deficit commission—a clear: We have a tax system that is out members would be directly accountable trap. They say it is a trap that will of date and hurting U.S. competitive- to the American people. There would lead to higher taxes; to more revenue. ness. As I mentioned, we are hem- be 18 members—10 Democrats, 2 from So on the left and the right we have orrhaging revenue to tax havens and the administration, and 8 Republicans. those complaining that if you move abusive tax shelters. The alternative So in terms of Members of Congress, it forward to deal with the debt, you are minimum tax problem threatens mil- would be even: 8 Democrats, 8 Repub- going to make reductions in programs lions of middle-class taxpayers—some- licans. They would have to be cur- and you are going to increase revenue. thing that was never intended. That rently serving Members of Congress se- I think that is undeniably the case. If cries out for reform. These long-term lected by the Democratic and Repub- you are going to deal with this debt imbalances must be addressed. Sim- lican leaders. The Secretary of the threat, we are going to have to make plification and reform, we know from Treasury and one other administration changes in the spending projections of experience, can keep rates low and im- official would serve representing the the United States. We are going to prove the efficiency of the system. administration, for a total of 18. have to make changes in the revenue The arguments I have advanced this The bipartisan fiscal task force base of the country. morning are arguments that have now would provide broad coverage. Every- I would suggest to those who are con- been endorsed by more and more budg- thing would be on the table—entitle- cerned about tax increases, the first et experts as they look at the long- ments, revenue, discretionary spend- place to get more revenue is not with a term threat to the country. Alan ing. Spending and revenues all would tax increase. The first place to get Greenspan, the former Chairman of the be before them for a judgment on how more revenue is to collect what is actu- Federal Reserve, said this: we deal with the debt threat. ally owed. If you examine the revenue The recommendation of Senators Conrad The work of the fiscal task force streams of the United States, it jumps and Gregg for a bipartisan fiscal task force is would enjoy expedited procedures—pro- out at you that we are collecting about an excellent idea. I hope that you succeed. cedures we have used before to bring 80 percent, or even somewhat less than Douglas Holtz-Eakin, who was the especially difficult issues to both the that, of what is actually owed. If we chief economic adviser to Senator Senate and the House. The rec- were collecting the money that is actu- MCCAIN in his Presidential bid, said ommendations would only be sub- ally owed under the current rates, we this in testimony before the Senate mitted after the 2010 election. There would be doing very well. But we have Budget Committee just last year: would be fast-track consideration of offshore tax havens, abusive tax shel- I am a reluctant convert. I have always the proposal in the Senate and the ters, a tax gap—the difference between felt that this is Congress’ job, and, quite House. There would be no amendments. what is owed and what is paid—and we frankly, it ought to just do it. And that atti- It would be an up-or-down vote. The also have a tax system that is com- tude has earned me no friends and has gotten final vote would come before the end of pletely out of date. us no action. So I have come around to the the 111th Congress. We have a tax system that was de- point where I’m in favor of something that is Again, I wish to emphasize I am not a special legislative procedure to get this signed at a time when we did not have legislation in front of Congress and passed. proposing that we take action to raise to be worried about the competitive po- Mr. Geithner, the Secretary of the revenue or cut spending in the midst of sition of the United States. Now we do. Treasury, said this in testimony before an economic downturn. That would be The world has changed and our revenue the Budget Committee last year: counterproductive. But we do need to system has not kept pace. Instead, it is face up to this long-term debt. The pro- hemorrhaging with offshore tax havens It is going to require a different approach visions that would come from any com- if we’re going to solve the long-term fiscal costing us, according to the Permanent imbalance. It’s going to require a funda- mission, I am sure, would be ones that Subcommittee on Investigations, over mental change in approach, because I don’t would be put in place over time. They $100 billion a year in lost revenue. see realistically how we’re going to get there would be phased in. The Commission If anybody doubts the proliferation of through the existing mechanisms. would be cognizant that our economy offshore tax havens, I would urge them Here is a quote from David Walker, remains weak and, in fact, may require to Google offshore tax havens and see the former head of the General Ac- even additional debt in the short term. what you find. We did that last year counting Office. The bipartisan fiscal task force and got over 1 million hits, including I think the regular order is dysfunctional would ensure a bipartisan outcome. my favorite: live offshore tax free by as it relates to these types of issues. And it’s, Fourteen of the eighteen task force putting your funds in offshore tax ha- quite frankly, understandable, because members would have to agree to the vens. you’re talking about putting together a

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.020 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S81 package that crosses many different jurisdic- compelling case for fiscal discipline. He part of the so-called TARP. The tions. And the idea that that would end up has been making this case for a good amendment would also use repaid emerging from the regular order I think is number of years. He has been on the TARP funds to lower the deficit, bring just totally unrealistic. forefront in urging us in the Congress down the debt ceiling—which is, of That was testimony before the Budg- and the country to be more disciplined, course, the amount of legal U.S. debt— et Committee in 2007 by the Comp- to get better control of these deficits, and is the ultimate issue we are going troller General. and I appreciate the work of the Sen- to be voting on at the end of our exer- Leon Panetta, the former chairman ator from North Dakota. cise, presumably sometime next week. of the House Budget Committee and I might say we have no disagreement I initially supported both tranches of the former Chief of Staff to President whatsoever that we need to address our the TARP stabilization money because Clinton, now the Director of the CIA, fiscal challenge. We totally agree. I I was told by the Secretary of the said this in testimony before the Sen- think most Members of the body would Treasury and others, and I believed, ate Budget Committee in response to agree that is not the issue. Whether we that the money would be used to shore the question: Shouldn’t we rely on just must address the fiscal challenge or up banking, thus stabilizing the finan- the regular order; the normal com- not is not the issue. So I wish to get cial system in the United States, and mittee process? that off the table. We all know we have that would permit lending to resume. It’ll never happen. The committees of ju- a huge problem facing us, and it must My State of Arizona was hit particu- risdiction will never take on the kind of be dealt with. What we do disagree larly hard by the collapse of the hous- challenges that are involved in this kind of about, though, is the process; that is, ing bubble, so we needed more lend- effort. If you just leave them under their how we address it. ing—for small businesses as well as for own jurisdictions, that will never happen. I will have a lot more to say about commercial lending and other things It hasn’t happened, and I am chair- that later today, but I see the Senator such as auto finance, real estate lend- man of one of the committees. I accept from Arizona on the floor, and he has ing, and so on. that the normal process is not going to been waiting patiently. Unfortunately, the promised flow of deal with a threat of this magnitude. It Mr. CONRAD. May I call up the capital has not materialized. Today is going to take all of us, Democrats, amendment before we move on? people in my State still struggle to re- Republicans, Congress, and the admin- Mr. BAUCUS. Certainly. finance their homes and businesses, istration, working together to fashion AMENDMENT NO. 3302 TO AMENDMENT NO. 3299 and businesses in particular are strug- a plan that deals with the long-term (Purpose: To establish a Bipartisan Task gling to make payments on their prop- debt threat; that also deals with the Force for Responsible Fiscal Action, to as- erty, rollover commitments that they short-term need to restore jobs, to re- sure the long-term fiscal stability and eco- already have, and even pay for things store economic growth, and to build nomic security of the Federal Government as basic as their inventories or their the economy. of the United States, and to expand future payroll. You have to ask how did this These things are not contradictory. prosperity and growth for all Americans) happen with all of this TARP money They, in fact, are complementary. We Mr. CONRAD. Mr. President, I call up out there. must do both. We must restore eco- the Conrad-Gregg amendment. Partly it is because TARP was per- nomic growth and economic strength The PRESIDING OFFICER. Is there verted into a tool for increasing the and, at the same time, we must deal objection to setting aside the pending scope of government. It has been used with the long-term debt threat. That is amendment? for purposes for which it was never in- the proposal Senator GREGG and I bring Without objection, it is so ordered. tended. Some of the money has been to the floor. We urge our colleagues to The clerk will report. used to bail out political interests such seriously consider what we have of- The bill clerk read as follows: as auto companies and parts suppliers. fered. It has 35 cosponsors, about even- The Senator from North Dakota [Mr. That was never intended. I would never ly divided between Republicans and CONRAD], for himself and Mr. GREGG, pro- have supported the second tranche of Democrats. I know it is a tall order to poses an amendment numbered 3302 to TARP funding had I believed that was get to 60 votes in the Senate. It is espe- amendment No. 3299. how the money would have been spent. cially hard when organizations on the Mr. CONRAD. Mr. President, I ask Now it is becoming a piggy bank for left are opposing it and organizations unanimous consent that further read- the second stimulus bill recently on the right are opposing it for very ing of the amendment be dispensed passed by the House of Representa- different reasons. But this is a case of with. tives, a bill that would cost taxpayers the challenge of the middle holding. The PRESIDING OFFICER. Without $260 billion more in deficit spending. That has been the great strength of objection, it is so ordered. By deficit spending, of course, I am re- America—our ability to take on tough (The amendment is printed in today’s ferring to the fact that this is all bor- challenges and meet them. Whether it RECORD under ‘‘Text of Amendments.’’) rowed money. This is not money that was World War I or World War II, the Mr. CONRAD. I thank my colleagues we have and are deciding to spend in a Great Depression or all the other chal- for this opportunity to present our certain way. We have to go out and lenges this country has faced, over and amendment. borrow the money in order to give it to over America has proven it is up to the The PRESIDING OFFICER. The Sen- these people. challenge. I believe we are up to this ator from Arizona. By law, the returned TARP funds are challenge as well, and I believe people AMENDMENT NO. 3301 supposed to be used for deficit reduc- working together can come up with so- Mr. KYL. Mr. President, I will have tion. That is the way it was written lutions that would be credible not only something to say about the amend- into the bill. The Thune amendment to markets in this country but mar- ment offered by the Senator from would make sure this happens. Again, kets around the world that are begin- North Dakota at a later time, but I this is important because this is not ning to wonder: Does America have the wanted an opportunity to be sure to money that we already had that the ability to face up to the debt threat speak to the Thune amendment, which taxpayers had sent to Washington and that overhangs the future economic has also been pending and which I un- we were just waiting to spend on some- strength of the country? derstand we may be voting on as early thing. We had to go out and borrow I appreciate this time. I thank the as this afternoon. I wish to make it this money from folks such as the Chi- chairman for allowing this time. I clear I am in very strong support of the nese, and we have to pay them interest know Senator GREGG will be coming to amendment offered by the Senator on the money. the floor in about an hour for his pres- from South Dakota. When we have to go out and borrow entation on the same subject. I thank The amendment of the Senator from the money in order to provide it for the Chair, and I yield the floor. South Dakota would immediately end one of these purposes, we have to rec- The PRESIDING OFFICER. The Sen- the Treasury’s authority to spend un- ognize that when we pay it back, we ator from Montana. obligated TARP funds; that is, those ought not immediately spend it again. Mr. BAUCUS. Mr. President, the Sen- funds that have either been repaid or We ought to pay the money back to the ator from North Dakota makes a very were never spent in the first place as government so the money then can

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.021 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S82 CONGRESSIONAL RECORD — SENATE January 21, 2010 repay the lender and get that obliga- the House under expedited parliamen- the 75-year growth of spending on tion off our books. Returning the tary procedures. This amendment in- Medicare-Medicaid and Social Security money to the Treasury is equivalent to vites Congress to abdicate its responsi- tells a different story. paying the money back to our lenders. bility. This amendment is fundamen- As a share of the economy, the That, in turn, allows us to reduce our tally unfair to many of our constitu- growth of Medicare and Medicaid Federal debt. ents across the country. This amend- spending before enactment of health This also has the effect of reducing ment should be defeated. care reform is more than seven times government borrowing so that the pri- Under the Conrad-Gregg proposal, 18 the growth of Social Security spending. vate sector is more able and more eas- people would make recommendations If we are to reduce the projections of ily able to borrow money. That way, on how to reduce projected midterm interim and long-term projections of businesses can begin to invest more, and long-term Federal budget deficits. deficit, we should use the regular order and we can begin job creation. Of the 18 members, 16 would be Mem- of Congress to do so, and for a good Frankly, that is why groups such as bers of Congress, and two would be offi- reason; that is, because the system is the National Federation of Independent cials in the administration. I might already working. The comprehensive Businesses support the Thune amend- add, if some think the Congress cannot health reform bill awaiting final ap- ment. The whole idea is to repay the do this, why is this composed almost proval by the House and Senate is solid money that the Federal Government entirely of Members of Congress? Rec- evidence the system is working. has borrowed so there is less pressure ommendations of this 18-member com- Once again, the Congressional Budget on the sources of lending so the private mission would be made the subject of Office projected—I made the point just sector will be able to more easily bor- votes in both Chambers with no amend- a few moments ago—the Federal defi- row for their purpose. ments allowed. Thus, the entire pack- cits would be reduced by $132 billion in Here is what the NFIB said in a re- age of recommendations would be the first 10 years and by $650 billion to cent letter: given to Congress on a take-it-or-leave- $1.3 trillion in the second 10 years. That is a significant reduction. Small business believes it is time to end it basis. If the Conrad-Gregg amendment were The deficit reduction will make a TARP by passing the Thune amendment. We substantial dent in the deficits—and it appreciate Senator Thune’s efforts to create enacted, Members of Congress who an exit strategy for the unprecedented level were not on the commission would has been accomplished entirely of government ownership in American busi- have no say in the development of the through the regular order. We were nesses. The full $700 billion that was origi- commission’s recommendations. Mem- able to cut deficits through the regular order. It would thus be ironic to give nally allocated for TARP is no longer needed bers of Congress who were not on the and should not be used as a bucket of money up on the regular order just when it commission would have no ability to for the Treasury Department to create new has such a promising result. Federal programs. change the recommendations. We There is more work to be done to re- would have to vote on the entire pack- I would add, or for the House of Rep- duce deficits in the midterm and long age on a take-it-or-leave-it basis. resentatives to create new Federal pro- term, but the regular order is up to the If Members of Congress not on the grams to the tune of $260 billion more. job of performing these tasks. We commission found that they favored I think the American people could should not give up on it prematurely. most of the recommendations but posi- not be more clear in the message they We should vote against creating a com- tively abhorred a few of them, they have been sending in election after mission that can take away many of would be given no opportunity to try to election: Stop spending so much money the responsibilities the Constitution change the ones to which they ob- so we don’t have to borrow so much gave the Congress. jected. Their choice would be either to money so it will be easier for our own I urge my colleagues to reject this vote for no deficit reduction at all or families and businesses to borrow amendment. vote for recommendations that they money. They have had it with massive It has also been said on the Senate abhor with no way to change them. spending and the culture of massive floor that one way to get revenue is to Members of Congress should not be go after the so-called gap that exists debt that has seized Washington. They put in that position. This amendment are watching very closely because it is between revenue that is owed the would disenfranchise the overwhelming American taxpayers but not collected— their money, after all, that will have to majority of Members of Congress. It be used to pay the interest on the debt the tax gap, it is sometimes called. I would disenfranchise their constitu- might say why not create a tax gap when we borrow this money from peo- ents. This would be fundamentally un- ple such as the Chinese. commission? It does not make sense for fair to their constituents and to them. this outfit, if it does exist—I don’t Instead of turning right around and We should not allow it to happen. deciding we have some great idea on think it will because I think most Let me say a few words about the ef- Members of Congress will not want to which to spend this money again when fects of this commission on Social Se- it is retired, let’s retire the debt in- do that—to cut Social Security, which curity and Medicare. If we create this is not the problem—Social Security is stead, thus reducing the amount we commission, what is to stop it from projected to be in surplus at least to have to increase in the debt ceiling. I making further reductions in Medicare the year 2043—or to make further cuts think this is what our constituents spending beyond the changes in the in Medicare beyond which we have al- want us to do. It begins with ending health care reform bill? Although the ready done in regular order. What is TARP, and the Thune amendment puts health care reform bill would reduce left? Discretionary spending. us on the path to doing exactly that. some reimbursements to providers, it If the real effort is a tax gap, let’s I urge its passage. would not cut Medicare benefits or eli- have a tax gap commission, not one I suggest the absence a quorum. gibility one bit, but the commission that is going to cut Medicare and Med- The PRESIDING OFFICER. The could recommend cuts in Medicare ben- icaid. I might add, these people, if clerk will call the roll. efits and eligibility. there were such a commission, are not The bill clerk proceeded to call the I might say, too, the Congressional qualified. They do not understand the roll. Budget Office, I remind my colleagues, health care system. They don’t under- Mr. BAUCUS. Mr. President, I ask estimated that the health care reform stand where to make cuts and not to unanimous consent the order for the bill that passed this body would reduce make cuts. They don’t understand So- quorum call be rescinded. the budget deficit by $132 billion over cial Security that much. The commit- The PRESIDING OFFICER. Without 10 years and further reduce the budget tees of jurisdiction do. They don’t un- objection, it is so ordered. deficit by between $650 billion to $1.3 derstand some of the other programs AMENDMENT NO. 3302 trillion in the next 10 years. where they might recommend cuts. Mr. BAUCUS. Mr. President, I oppose What about Social Security? Some They can just whack, whack, whack, or the Conrad-Gregg amendment. This people talk as if Social Security is a raise revenue. They don’t understand amendment would set up a new deficit major factor in the long-run budget the Tax Code. That is not their exper- reduction commission and have its rec- deficits, but the nonpartisan Congres- tise. They are just going to try to find ommendations considered and sent to sional Budget Office’s projections of ways to raise, raise, raise taxes.

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.023 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S83 It is something on the surface that In the coming weeks, the Senate will stitutions constructed an might sort of sound good—let some- begin consideration of landmark finan- unsustainable model punctuated by in- body else do it. I cannot do it, so we cial regulatory reform legislation. creasingly risky behavior. will let somebody else do it. I think As it does, we owe it to the American For example, some firms used tril- that is an abdication of responsibility. people to ensure that never again will lions of dollars of short-term liabilities I think it is like it sounds—too good to the risky behavior of some Wall Street to finance illiquid inventories of secu- be true—that somebody else is going to firms pose a mortal threat to our en- rities, engage in speculative trading do it. It is like the grass is greener on tire financial system. The rest of us activities and provide loans to hedge the other side of the fence. simply cannot afford to pay for the funds. Why do we run for these jobs? Each mistakes of the financial elite yet an- When their toxic assets and invest- of us ought to be a U.S. Senator be- other time. ments went south, these highly lever- cause we wanted to take the responsi- As we look to build a better, more aged institutions could no longer roll bility to do what we thought was right durable, more responsible financial over their short-term loans, leading for our people and our States. It is system, we must reflect on the fateful them, and all of us, down a vicious spi- sometimes not very easy. It is some- decisions and mistakes made over the ral that required a massive government times quite difficult. That is why we past decade that led us to this point. bailout to stop. ran. That is what goes with the terri- We can begin with Congress’s repeal Despite this extremely painful expe- tory: step up and make the right deci- of the Glass-Steagall Act. Glass- rience, Wall Street has resumed busi- sions and do what needs to be done in Steagall was adopted during the Great ness as usual. Only now, the business is conjunction with the President. Depression primarily to build a fire- even more lucrative. The President of the United States is wall between commercial and invest- The financial crisis has led to the going to make a budget recommenda- ment banking activities. consolidation of Wall Street. tion to the Congress in just a matter of But the passage of the Gramm-Leach The survivors face less competition a few days, almost a week or so away. Bliley Act of 1999 tore down that wall, than ever before, allowing them to That is the job of the President, to paving the way for a brave new world charge customers higher fees on trans- make a recommendation to the Con- of financial conglomerates. actions, from equities to bonds to de- gress of what he thinks our budget These institutions sought to bring rivatives. should be, and it is up to the Congress traditional banking activities together In addition, in the wake of the finan- to decide how to deal with that. with securities and insurance busi- cial crisis, markets remain volatile and We have used the regular order on nesses, all under the roof of a single choppy. Firms willing and able to step health care to cut budget deficits by a ‘‘financial supermarket.’’ into the breach have generated higher large amount. As I indicated, it This was the end of an era of respon- returns. worked. I think we should just be cou- sible regulation. It was the beginning Until this Congress acts, there is no rageous enough as Members of Con- of an emerging laissez-faire consensus guarantee that the short-term trading gress to do what is right, step up and in Washington and on Wall Street that profits being reaped by Wall Street do what we have to do. If we do not do markets could do no wrong. today will not become losses borne by the job properly, our voters will get Not surprisingly, this zeitgeist of the rest of America down the road. somebody else to do the job. That is ‘‘market fundamentalism’’ pervaded As many of my colleagues know, I their right, that is their privilege, and regulatory decisions and inaction over have come to the floor repeatedly to that is one of the strengths of the proc- the past decade. warn about the short-term mindset on ess: that they have an opportunity to It allowed derivatives markets to re- Wall Street, embodied by the explosive get somebody else if we are not doing a main unregulated, even after the Fed- growth in high frequency trading. good job. eral Reserve had to orchestrate a In just a few short years, high-fre- I strongly urge the defeat of the multibillion dollar bailout of the hedge quency trading has grown from 30 per- Conrad-Gregg amendment. It is just fund Long Term Capital Management, cent of the daily trading volume in not a good thing to do. which had used these contracts to le- stocks to as high as 70 percent. I yield the floor. verage a relatively small amount of It has been reported that some high- The PRESIDING OFFICER. The Sen- capital into trillions of dollars of expo- frequency firms and quantitative-strat- ator from Delaware is recognized. sure. egy hedge funds have business relation- Mr. KAUFMAN. Mr. President, I ask It also provided a justification for ships with major banks, allowing them unanimous consent to speak as in the Federal Reserve and other banking to use their services, credit lines, and morning business for up to 14 minutes. regulators to ignore widespread in- market access to execute high-fre- The PRESIDING OFFICER. Without stances of predatory lending and dete- quency trading strategies. objection, it is so ordered. riorating mortgage origination stand- Under some of these arrangements, LIMITS ON BANKS’ PROPRIETARY TRADING ards. these Wall Street banks are reportedly ACTIVITIES It prompted regulators to rely upon splitting the profits. Mr. KAUFMAN. Mr. President, I rise credit ratings and banks’ own internal In other cases, the major banks have today in support of President Obama’s models, instead of their own audits and built their own internal proprietary proposal to limit the proprietary trad- judgments, when determining how trading desks. ing activity of banks, ideas that have much capital banks needed to hold These divisions often use their own been developed by Paul Volcker, the based upon the riskiness of their as- capital to ‘‘internalize,’’ or trade former Federal Reserve Chairman and sets. against, customer order flow. current chairman of President Obama’s Perhaps most importantly, this era Such a practice poses inherent con- Economic Recovery Advisory Board. of lax regulation allowed a small cadre flicts of interest: brokers are bound by It has been well over a year now of Wall Street firms to grow com- an obligation to seek the best prices since the bursting of a massive specula- pletely unchecked, without any regard for their clients’ orders, but, in trading tive bubble, fueled by Wall Street greed to their size or the risks they took. against those orders, firms also have a and excess, brought our entire finan- In 2004, the Securities and Exchange potential profit-motive to disadvan- cial system to the brink of disaster. Commission established a putative reg- tage their clients. The resulting economic crisis, the ulatory oversight structure of the Both of these arrangements are evi- worst since the Great Depression, has major broker-dealers, including Gold- dence of a greater problem: Wall Street had profound effects on regular, work- man Sachs, Morgan Stanley, Lehman has become heavily centered on lever- ing-class Americans in the form of mil- Brothers, Merrill Lynch and Bear age and trading. lions of job losses and home fore- Stearns, that ultimately allowed these Undoubtedly, short-term strategies closures, to say nothing of the hun- firms to leverage themselves more have paid off for banks. In fact, much dreds of billions of taxpayer dollars than 30 times to 1. of the profits earned by our Nation’s used to prop up failing institutions Emboldened by the careless neglect largest financial institutions have been deemed ‘‘too big to fail.’’ of their regulator, these Wall Street in- posted by their trading divisions.

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.024 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S84 CONGRESSIONAL RECORD — SENATE January 21, 2010 But an emphasis on short-term trad- not engage in highly risky entrepre- stitutions wish to pursue short-term ing is cause for concern, particularly if neurial activity. That’s not their job trading profits. traders are taking leveraged positions because it brings into question the sta- For that reason, as Congress works in order to maximize their short-term bility of the institution . . . It may en- to pass financial regulatory reform in earning potential. courage pursuit of a profit in the short the coming weeks, reducing systemic By doing so, such high frequency run. But it is not consistent with the risk by eliminating conflicts of inter- traders, who execute thousands of stability that those institutions should est and addressing banks deemed ‘‘too trades a second, could pose a systemic be about. It’s not consistent at all with big to fail’’ should be some of our top risk to the overall marketplace. avoiding conflicts of interest.’’ priorities. In short, Wall Street once again has I strongly support the ideas Chair- Separating core banking franchise become fixated on short-term trading man Volcker has recently put forward from speculative activities, imposing profits and has lost sight of its highest regarding the need to limit the propri- tighter leverage requirements and ex- and best purposes: to serve the inter- etary trading activities of banks. amining the complicated relationships ests of long-term investors and to lend Indeed, they get at the root cause of between high-frequency traders and and raise capital for companies, large the financial meltdown by ensuring banks constitute critical steps toward and small, so they can innovate, grow Wall Street’s recklessness never again ensuring our financial markets are and create jobs. cripples our economy. strong and stable. As I have spoken about on the Senate We can reduce the moral hazard By adopting these commonsense pro- floor previously, the downward decline present in a model that allows banking posals, we can go a long way toward in initial public offerings for small to mix with securities activities by stabilizing our economy, restoring con- companies over the past 15 years has prohibiting banks from providing their fidence in our markets and protecting hurt our economy and its ability to securities affiliates with any loans or the American people from a future create jobs. other forms of assistance. bailout. While calculated risk-taking is a fun- While commercial banks should be America cannot afford another finan- damental part of finance, markets only protected by the government in the cial meltdown and the American people work when investors not only benefit form of deposit insurance and emer- are looking to Congress to ensure that from their returns, but also bear the gency lending, Chairman Volcker that does not happen. risk and the cost of failure. states, ‘‘That protection, to the extent Mr. President, I yield the floor. What is most troubling about our sit- practical, should not be extended to The PRESIDING OFFICER (Mr. uation today is that on Wall Street, it broadly cover risky capital market ac- BURRIS). The Senator from Alaska. is a game of heads I win, tails you bail tivities removed from the core com- Ms. MURKOWSKI. Mr. President, me out. mercial banking functions.’’ over the past 5 months, I have repeat- The size, scope, complexity and inter- Such a reform would completely edly expressed concerns about the En- connectedness of many financial insti- eliminate the possibility of banks even vironmental Protection Agency’s deci- tutions have made them ‘‘too big to indirectly using the insured deposits of sion to issue backdoor climate regula- fail.’’ their customers to finance the specula- tions under the Clean Air Act. I spoke Moreover, the popularity of the ‘‘fi- tive trading operations of their securi- at length about this issue on the Sen- nancial supermarket’’ model further ties affiliates. ate floor in September and then again raises the risk that insured deposits of In addition, we can bar commercial in December. I have also discussed it banks can be used to finance specula- banks from owning or sponsoring with dozens of groups from all across tive proprietary trading operations. ‘‘hedge funds, private equity funds, and the political spectrum and found there Unfortunately, these risks have only purely proprietary trading in securi- is remarkably widespread agreement been heightened by recent decisions by ties, derivatives or commodity mar- with my views on this issue. As the the Federal Reserve: the first to grant kets.’’ EPA moves closer and closer to issuing bank holding company charters to As Vice President BIDEN aptly and these regulations, I continue to believe Goldman Sachs and Morgan Stanley; succinctly put it: ‘‘Be a bank or be a that this command and control ap- the second to grant temporary exemp- hedge fund. But don’t be a bank hedge proach is our worst option for reducing tions to prudential regulations that fund.’’ emissions blamed for climate change. I limit loans banks can make to their se- That is why I am pleased to be a co- also believe that with so much at curities affiliates. sponsor of the bill introduced by Sen- stake, Congress must be given time to There are a number of ways we can ators CANTWELL and MCCAIN to rein- develop an appropriate and more re- address these problems. state Glass-Steagall, because I thought sponsible solution. The major financial reform proposals it was a start to this very important Today, after consultation with the being considered in Congress propose conversation. Parliamentarian, I have come to the some entity for identifying system- Separating commercial banking from floor to introduce a resolution of dis- ically risky firms and subjecting them merchant banking and proprietary approval under the Congressional Re- to heightened regulation and pruden- trading operations is an important step view Act that would prevent the EPA tial standards, including leverage re- toward addressing banks that are ‘‘too from acting on its own. Senator LIN- quirements. big to fail.’’ COLN of Arkansas, Senator NELSON of In addition, these proposals also in- Additionally, we need to impose re- Nebraska, and Senator LANDRIEU of clude an orderly mechanism for the strictions on size and leverage, particu- Louisiana have joined me as cosponsors prompt corrective action and dissolu- larly on the reliance on short-term li- on this bipartisan resolution, along tion of troubled financial institutions abilities, and give regulators addi- with 35 of my Republican colleagues. of systemic importance that is typi- tional powers to break apart firms that I have also come to reaffirm and re- cally based upon the one already in pose serious threats to the stability of emphasize my previous remarks on this place for banks. the financial system or others. issue. Given what has been alleged Although both of these ideas are Reducing the size and scope of indi- about my intentions, I believe this de- vital reforms, they are not sufficient vidual entities will limit risky banking bate needs to be directed back to its ones. behavior, minimize the possibility of substance and away from the ad Instead, we must go further, heeding one institution’s failure causing indus- hominem attacks and red herrings some of the sage advice, as President try-wide panic and decrease the need to thrown out in the past few weeks. Obama has today, provided by Paul again rescue large failing institutions. There is a legitimate and a sub- Volcker, the former Federal Reserve Together, all of these reforms will stantive debate to be had over whether Chairman and current chairman of create a financial system that is ‘‘safe the EPA should be allowed to issue President Obama’s Economic Recovery against failure.’’ command and control regulations. I Advisory Board. We cannot continue to leave the tax- welcome the debate. If there are any Chairman Volcker has said: ‘‘Com- payers vulnerable to future bailouts Senators who support the unprece- mercial banking institutions should simply because some large banking in- dented regulatory intrusion the EPA is

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.017 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S85 pursuing, I hope those Members will royalty oil out of the pipeline at pre- ute. The implications are clear. The come to the floor and explain why. I mium rates, which is critically impor- people who live in those States are al- strongly oppose that approach. I hope tant to the continued operation of ready feeling the effects. Construction my colleagues will listen to my expla- TAPS itself. That 800-mile-long pipe- is being delayed. Jobs are not being nation as to why I feel as strongly line has been challenged by decreasing created or, more importantly, being about this as I do. throughput as lower volumes are tak- filled. Commerce is suffering. Depend- Our bipartisan resolution deals with ing longer to arrive from the North ing on what becomes of these proposed an incredibly important issue; that is, Slope. Oil is also arriving at the Flint plants, local residents may have to whether Members of this body are com- Hills refinery at lower temperatures brace for a spike in energy prices as fortable with actions EPA will take than it used to, which requires more well. under its current interpretation of the energy to heat and craft the crude oil Seen in this light, the EPA’s regula- Clean Air Act. I am not comfortable into the marketable fuels Alaskans de- tions will not only add a thick new with those actions. Neither are the pend upon. The Flint Hills refinery al- layer of Federal bureaucracy, but they Senators who have already agreed to ready struggles to keep its jet fuel out- will also serve to depress economic ac- add their names to this effort. The put at competitive rates in order to tivity, to slow it down, to make it Clean Air Act was written by Congress maintain Anchorage’s status as a more expensive, to render it less effi- to regulate criteria pollutants, not major center for global air cargo. It cient. If you thought the recession greenhouse gases. Its implementation also faces a relatively inelastic market made for good environmental policy, I remains subject to oversight and guid- in Alaska for its other fuel products. expect you will love what the EPA has ance from elected representatives. We The EPA will likely be unable and un- to offer. Obtaining Federal air permits should continue our work to pass willing to address these issues under is already an exercise in administra- meaningful energy and climate legisla- its command and control climate regu- tive agony that can take years and tion, but in the meantime, we cannot lations. cost millions of dollars. That is before turn a blind eye to the EPA’s efforts to I mentioned the Alaska natural gas the existing system is overwhelmed by impose backdoor climate regulations pipeline—something we are working millions of new applicants. with no input from Congress. very hard to allow to come about. The Instead of accepting that the Clean The decision to offer this resolution construction and operation of an Alas- Air Act is not appropriate for this was brought about by what will happen ka natural gas pipeline would be sig- task, the EPA has proposed to lift its in the wake of EPA’s decision to issue nificantly hobbled by the EPA. The regulatory thresholds to 25,000 tons per the endangerment finding. It is not main reason for this relates to com- year for greenhouse gases. That rep- merely a finding; it is actually a flood- pressor stations which maintain a pipe- resents a clear departure from the stat- gate. Under the guise of protecting the line’s pressures and enable movement ute’s explicit requirements and has environment, it is set to unleash a of the gas. There is no known best opened the Agency to litigation—cost- wave of damaging new regulations that available control technology, as would ly, time-consuming, and endlessly frus- will wash over and further submerge be required under the Clean Air Act, trating litigation. Lawsuits are already our struggling economy. Make no mis- for reducing carbon dioxide emissions being prepared against the EPA’s so- take, if Congress allows this to happen, from compressors and no good options called tailoring proposal. When the there will be severe consequences to for compliance. final rule is issued, it will be chal- our economy. Businesses will be forced I cannot overstate how important lenged. I expect the courts will then re- to cut jobs, if not move outside our these facilities and these projects are ject it, as it has no legal basis, and borders or close their doors for good, to Alaska and to America. Our refin- then restore the regulatory thresholds perhaps. Domestic energy production eries help ensure the State’s status as to 100 tons and 250 tons per year. Before will be severely restricted, increasing a transportation hub as well as a stra- long, the Agency will find itself mired our dependence on foreign suppliers tegic base for military operations. The in the regulatory nightmare it has and threatening our national security. Trans Alaska Pipeline System delivers sought to avoid. Housing will become less affordable hundreds of thousands of barrels of oil Again, it is hard not to find this both and consumer goods more expensive as to Americans each day and most of the surreal and deeply disturbing. The na- the impact of the EPA’s regulations revenue for Alaska’s State budget. The tional unemployment rate has spiked are felt in towns, cities, and on farms proposed natural gas pipeline is a pillar to 10-plus percent. Yet here in Wash- all across America. of our future economy that will bring ington Federal bureaucrats are con- My home State is a perfect example Americans billions of cubic feet of templating regulations that will de- of why we must proceed with utmost clean-burning natural gas. Collec- stroy jobs, while millions of Americans caution. If these regulations are al- tively, these projects mean well-paying are doing everything they can just to lowed, the consequences for Alaska will jobs for thousands of hard-working find one. Moreover, given the amount be devastating. Hundreds of facilities Alaskans. While the EPA’s of time it has taken us in the Senate to will be subject to much greater regula- endangerment finding may be de- consider health care and the list of tion, including large hospitals, hotels, scribed as an effort to protect our envi- many other bills waiting to be consid- fish processors, and mines. Energy-in- ronment, it would actually damage the ered, it appears there will not be tensive businesses throughout the very foundation of my State’s econ- enough time for Congress to debate en- State will be forced to acquire, install, omy. ergy and climate legislation before the and operate new equipment and tech- Alaska isn’t the only State that EPA takes action. That means the peo- nologies. In many cases, this will prove would face dire economic con- ple of our States have no voice in this impossible because the technologies sequences. My colleagues need to con- process. They will be subject to rules are either too expensive or they simply sider the ripple effect of this decision and regulations that affect their lives do not exist. and the heavy economic burden it will and their livelihoods without ever hav- Because the EPA’s proposed regula- place on those throughout the lower 48. ing had an opportunity to express their tions are such a blunt tool, they will This was foreshadowed in New Mexico concerns through their representatives hit my State’s energy sector particu- back in September. In December, Ken- in Congress. larly hard. The continued operation of tucky faced the same situation; Arkan- Perhaps the most important question existing businesses and future endeav- sas, just last week. The EPA has or- that needs to be answered is, Why ors alike, including Alaska’s three re- dered regulators in each of these States would the EPA want to pursue these fineries, the Trans Alaska Pipeline to go back to the drawing board on regulations right now when we should System, TAPS, and the proposed Alas- plans to build new powerplants. These be focused on getting our economy ka natural gas pipeline, will all be decisions were all the result of this back on track? Environmental advo- jeopardized. EPA’s interpretation of the Clean Air cates, senior Democrats, the adminis- Take for example the Flint Hills re- Act and represent a fundamental de- trator of the EPA, and even the Presi- finery. This is located just south of parture from the permitting process dent have repeatedly said they prefer Fairbanks. This refinery purchases Congress had envisioned for this stat- congressional legislation. So with such

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.029 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S86 CONGRESSIONAL RECORD — SENATE January 21, 2010 widespread and high-level agreement, Regulating greenhouse gas emissions under cisms and arguments that have been one would think it would be easy to the Clean Air Act will undoubtedly increase made by those who oppose my efforts. suspend the Agency’s efforts. Unfortu- the cost of energy, increase the cost of doing I would like to address four of the lat- nately, that is not the case. Many of business, increase the cost of consumer prod- est claims in hopes of putting them to those same individuals are somehow ucts, and jeopardize millions of jobs by put- rest. ting U.S. manufacturers at a disadvantage convinced that the threat of EPA regu- against foreign competitors. First of all, I would like to reiterate lations is somehow useful, somehow that our bipartisan disapproval resolu- necessary. It is no secret that this is The Governor of West Virginia, Joe tion deals with the EPA’s current in- the centerpiece of a highly coercive Manchin, commented: terpretation of the Clean Air Act and strategy. It is the administration at- At a time when our state is fighting to has nothing to do with the science of tempting to force the Congress to pass save jobs and stabilize the economy, we can- global climate change. I would also re- a climate bill more quickly than it not afford to act carelessly. EPA has taken mind my critics that I cosponsored a a risky and unprecedented step in promul- cap-and-trade bill in the last Congress otherwise would. For my part, that gating this rule. The regulation of green- strategy has failed so far. It will con- house gas emissions is a matter that should and last year worked with the members tinue to fail in the months ahead be- be left to Congress, and EPA would be wise of the Senate Energy Committee to cause Members of Congress will not to seek Congressional action instead of at- craft a bipartisan clean energy bill. enact bad legislation in order to stave tempting to regulate greenhouse gases under That bill, unfortunately, has been lan- off bad regulation. What the adminis- the Clean Air Act. guishing on the Senate calendar for tration’s strategy has done is to put Even the California Energy Commis- nearly 8 months now, just waiting to be Congress in a difficult position. sion, based in the State with the strict- called up and considered, which I think It is apparent to almost all of us that est environmental standards, felt com- is a real shame because it would lead to more time is needed to develop a good pelled to weigh in because, as they significant emissions reductions and climate policy that can draw the bipar- state, ‘‘EPA’s proposed PSD tailoring greater energy security for our coun- tisan support of a majority in the Sen- threshold jeopardizes California’s re- try. ate. We are working on it. My staff is newable energy strategy.’’ So instead I would also like to address a rather actively working to develop a wide of speeding the transition to cleaner creative claim that has been made that range of approaches for reducing emis- energy, California is actually worried somehow I am attempting to ‘‘gut’’ the ANTWELL and sions. We know Senator C that the EPA’s proposals will actually Clean Air Act or subvert it into a Senator COLLINS have recently intro- slow down their progress. ‘‘Dirty Air Act.’’ I have to admit, when duced a new approach. Senators I first saw this, it actually made me Dozens of State Governors and attor- GRAHAM, KERRY, and LIEBERMAN are laugh because it is so wildly inac- neys general have submitted comments hard at work on their tripartisan pro- curate. Neither my previous amend- opposing at least one of the EPA’s reg- posal. As the EPA proceeds with its ment nor this resolution would have ulations. But comments from our elect- greenhouse gas regulations, Congress any effect on pollution standards and ed officials are not the half of it. remains far from completing its work, controls. Neither would change a single The National Taxpayers Union has and we are left with no choice but to word of the current statute. My resolu- issued a press release that says, in shift at least part of our focus to halt- tion would simply prevent the massive, part: ing the EPA’s efforts. unwarranted expansion of this statute As I have stated before, my goals At a time when taxpayers are feeling the by halting the EPA’s efforts to use it here are twofold: to ensure that Con- biggest squeeze since the Great Depression, to regulate greenhouse gas emissions— it’s unconscionable that Congress is respond- gress has sufficient time to work on a purpose for which it was never in- climate legislation and to ensure that ing with regulatory and legislative proposals that will only make matters worse. tended, and a role that it simply can- the worst of options, which is a mas- not fulfill without serious and detri- Then, in a letter that was delivered sive expansion of the Clean Air Act, mental consequences. does not occur before that task is fin- to me just yesterday, the American It has also been stated that this reso- ished. Farm Bureau Federation wrote that its lution will somehow—somehow—pre- In addition to the Senators who have delegates have unanimously adopted a vent Congress from working construc- signed on as cosponsors of our bipar- resolution that ‘‘strongly supports any tively on climate legislation this year. tisan resolution, there are a variety of legislative action that would suspend Not the case. My resolution will re- stakeholders who have expressed EPA’s authority to regulate green- strain the EPA’s ability to issue green- strong support for slowing or stopping house gases under the Clean Air Act.’’ house gas regulations, but it will have the EPA from issuing its greenhouse The letter goes on to assert that: absolutely no bearing on Congress’s gas regulations. Many of these com- How carbon emissions should be regulated ability to debate climate policy. It is ments have focused on the tailoring is a matter to be decided by elected officials; especially ironic that these comments proposal, while others oppose the that debate is now ongoing on Capitol Hill. were made by the Senator who has endangerment finding itself. Some at It is there that these policy questions should be answered. complete control of the Senate cal- the outer edges of the environmental endar. So if climate legislation does community, obviously, disagree. But I Finally, the Small Business Adminis- not come up this year, it is abundantly think much of the rest of America—in- tration’s Office of Advocacy has con- clear to me who will have made that cluding State officials, businesses, cluded that the EPA’s greenhouse gas decision. farmers, and taxpayer advocates—all rules will likely have a ‘‘significant The last claim I would like to address share our belief that the Clean Air Act economic impact upon a substantial is the allegation about who helped should not be used to regulate emis- number of small entities. . . . Small draft my September amendment, which sions. businesses, small communities, and I might remind colleagues was never I would like to give you a few exam- small non-profit associations will be offered and is no longer on the table. ples. affected either immediately or in the Not only are those allegations cat- The Governor of Alaska, Sean Par- near-term.’’ egorically false, but they highlight— nell, has written: As public awareness of our bipartisan they highlight—the unwillingness of The fundamental question posed by the disapproval resolution grows in the opponents of this measure to engage in proposed rule is whether greenhouse gases days ahead, I expect there will be many the real policy discussion we should be can be effectively regulated under the Clean more statements that will be issued in having. The question so many of the Air Act. We think not. Attempting to force support of its passage. While there is fit the Clean Air Act to the purpose of regu- individuals and groups opposed to my lating greenhouse gases will be ineffective an extremely vocal minority that does efforts have failed entirely to answer is and will negatively impact Alaska. . . . The not support it, I do hope my Senate if they honestly think—if they hon- proposed rule would bury Alaska’s busi- colleagues will look at the broad coali- estly think—that EPA climate regula- nesses, institutions, and the State’s environ- tion that does and join us to oppose the tions under the Clean Air Act would be mental agencies in regulatory burden. EPA’s regulations. good or bad for America. The Governor of Mississippi, Haley Before I wrap up, Mr. President, I I hope the debate over this resolution Barbour, has written: would also like to address the criti- will stay rooted in substance. There is

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.030 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S87 plenty of substance for us to debate. tion. But today, however, as we seek Today, the United States is falling behind There is a legitimate and a substantive the best way to reduce greenhouse gas in the global race to lead the new energy debate to be had about whether the emissions, we are being presented with economy. American businesses recognize a false choice between unacceptable this challenge and have already begun to re- EPA should be allowed to issue these spond and innovate. We are developing new regulations before Congress has had an legislation and unacceptable regula- technologies, launching new companies, and opportunity to fully debate the issue of tions. We are being told—threatened introducing new business models that drive climate change. In my mind, the an- really—to pass a bill now or the econ- economic growth, create new jobs and de- swer is no. Congress must be given the omy will suffer. A number of Senators crease our carbon footprint. However, to- time it needs to develop a responsible are trying to develop bills that can be day’s uncertainty surrounding energy and policy that protects both the environ- signed into law, but even as that work climate regulation is hindering the large- ment and the economy. continues, the EPA’s endangerment scale actions that American businesses are poised to make. We are not incapable or even unwill- finding has opened the door to further We need strong policies and clear market ing to legislate on this topic. So far, economic damage. signals that support the transition to a low- this Congress has merely failed to de- I believe Congress must take that op- carbon economy and reward companies that velop a balanced measure that draws tion off the table, and we can do that innovate. With certainty, clear rules of the enough support to be signed into law. by approving the bipartisan dis- road, and a level playing field, US businesses We can remedy that shortcoming, and I approval resolution that 39 Senators will deploy capital, plan, build, innovate and remain committed to playing a con- have now submitted. Allowing the EPA compete successfully in the global market- place. structive role in that effort. to proceed will endanger jobs, our econ- omy, and our global competitiveness. For American business to unleash a new I believe the looming specter of EPA industrial revolution in energy, we need co- regulations is actually a big part of the That should be an outcome we can all operative and coordinated action in the pub- reason we have had difficulty moving agree to avoid. lic policy and the business arenas. We are forward on climate legislation. Even If you truly believe that EPA climate ready to compete and we urge you to act so though we know that some approaches regulations are good for the country, that we can win the global race. It is time for reducing emissions are greatly infe- then you can vote to oppose our resolu- for the Administration and Congress to em- rior to others, there is inexplicable re- tion. But if you share our concerns and brace this policy as the promising economic you believe climate policy should be opportunity that will empower American sistance to removing even our worst workers to compete and American entrepre- option from consideration. debated in Congress, then vote with us to support it. neurship to lead the way. We stand ready to I have not heard one Member—one work with you to create and grow this im- Member—say he or she prefers regula- Mr. President, I yield the floor. portant economic sector. tion over legislation. I have not heard The PRESIDING OFFICER. The Sen- Now is the time to act. Together we can one Member say that. Yet that option ator from California is recognized. lead. Mrs. BOXER. Mr. President, what we is not only still around, but it is also Mrs. BOXER. We have many mayors. are about to debate is an unprece- closer than ever to becoming reality. We had our 1,000th mayor say: Get on dented move by the Senator and her As long as it remains out there, it will with it. Let’s get the job done. cosponsors to overturn a health finding be plan B for those who wish to address Senator MURKOWSKI laid out various made by health experts and scientific climate change at any cost. If this ways that we have people working. She experts in order to stand with the spe- issue has become so politicized that left out one way. The House-passed cial interests. Now that is clear to me, some Members would support EPA reg- bill. The Senate Environment and Pub- regardless of what is said on this floor. ulation instead of a legislative effort lic Works had an overwhelming major- I listened to my colleague. I never aimed at passing a bipartisan bill, that ity in our committee for our approach. heard her say we want to overturn the would not only be a tragedy for our We have Senators KERRY, GRAHAM, and experts who found that carbon pollu- constituents but I believe also a sad LIEBERMAN—and I support what they tion is a danger to the health of our day for us in the Senate. are doing—trying to find the 60 votes If we are serious about fulfilling our families. so we can have the kind of bipartisan- Now, look, it is very reasonable to duty to our constituents and giving ship Senator MURKOWSKI lauds. We debate the best way to clean up the air this issue the full debate it deserves, have Senators CANTWELL and COLLINS from carbon pollution. I have a way I we should take the EPA regulations off coming together—and I am very ex- think is the best that is supported by the table. Without a backstop that cited about that—on a new approach on many in the environmental commu- says ‘‘emissions will be reduced, one how to deal with carbon pollution, and nity, many in the business community. way or another, no matter how pain- that debate is appropriate. Let me tell I have a letter signed—which I would ful,’’ supports of climate legislation my colleagues what is not appropriate: ask to be printed in the RECORD—by 80 would have to get serious about finding to repeal a finding that was made by businesses that just took out an ad and common ground and bipartisan cospon- scientists and health experts that car- said: Let’s get on with it. They want to sors. bon pollution is a danger to the health Major environmental legislation such set up the type of system that I do, of our children, to our families, to our as the Clean Air Act, the Clean Water which would give maximum flexibility communities. That is inappropriate, Act, and the Safe Drinking Water Act to business. and it has never, ever been done before. Mr. President, I ask unanimous con- all faced opposition at the outset. That I wish to say where I stand on this. sent that letter be printed in the is no secret or surprise. But Members My No. 1 job as a Senator is to protect RECORD. the health and safety of the people of worked together to resolve concerns in- There being no objection, the mate- my great State of California and the stead of threatening to take a different rial was ordered to be printed in the and more damaging course. people of America. I believe that is our RECORD, as follows: As Senator Ed Muskie would later highest calling. The Murkowski resolu- DEAR PRESIDENT OBAMA AND MEMBERS OF write, the Clean Air Act ‘‘was passed tion is a direct assault on the health of CONGRESS the American people. Make no mistake unanimously after just two days on the As you set the nation’s legislative agenda floor,’’ which prompted Senator Eu- and policy priorities for the Second Session about it. You can cover it up with lots gene McCarthy to remark that he had of the 111th Congress, we, American business of words. You can say a lot of things ‘‘finally found an issue better than leaders from companies of all sizes and sec- about how proud you are of all the motherhood—and some people are even tors of our economy, call on you to move work that is going on to control carbon against motherhood.’’ The Clean Water swiftly and boldly to enact comprehensive pollution. But when you get up here Act passed by a vote of 86 to 0, and the energy and climate legislation. This legisla- and you offer a resolution—and I have Safe Drinking Water Act did not even tion will spur a new energy economy and it in my hands—that clearly says over- with it create 1.7 million new American jobs, turn the endangerment finding that, require a rollcall vote. It was passed by many in struggling communities across the voice vote. country. At the same time, it will enhance simply stated, in accordance with the The Senate has a history of coming our national security by making America Supreme Court ruling, carbon is, in together to overwhelmingly support more energy independent while also cutting fact, a danger to the health of our fam- commonsense environmental legisla- carbon emissions. ilies, to do this is unprecedented. What

VerDate Nov 24 2008 01:10 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.031 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S88 CONGRESSIONAL RECORD — SENATE January 21, 2010 would have happened if a Senator came would do exactly what my colleague My colleague complains about the to the floor the year we found out nico- would do. We would fight back. What- command and control of the EPA. I tine and cigarettes are addictive and ever it took, we would fight back. Well, wish to talk about that—the command cause cancer—what would have hap- this is about the public health. This is and control of the EPA. These are pened if a Senator came down here and about the health of the planet. This is words that are meant to frighten peo- said, Oh, no, no. We want to overturn about the future of America. This is ple. I never heard her come down and that rule that regulates how much nic- about jobs in America. There is lots of say: We want to take away the com- otine can go in there. That is some- debate we can have. But, my goodness, mand and control of the EPA under the thing we know better about because we talk about picking a battle over a sci- Clean Air Act to make sure we don’t are politicians and, suddenly, we be- entific fact. That is what my colleague have smog in the air. I never heard her come doctors. is doing. come down here and say: We don’t need What would have happened if a Sen- She says she is standing with the to have the command and control of ator came down to the floor and said: American people. Let me tell my col- the EPA in making sure that arsenic in We don’t like the finding by the EPA leagues a few of the American people the water isn’t overwhelming or mer- that lead is a danger to our children who strongly oppose what she is doing. cury in the fish. I don’t hear her doing and causes brain development issues The American Public Health Associa- that. So all of a sudden, command and and we don’t want them to act on that. tion says: ‘‘We strongly urge you to op- control of the EPA is an issue. We have We don’t want them to control that. It pose any resolution that would repeal an Environmental Protection Agency is OK if they suck it up when they are the public health findings.’’ The Asso- to protect our people. If we wind up little babies. Thank God no Senator did ciation of Public Health Laboratories, overturning the health issues that are that. I don’t recall any Senator coming the National Association of County and necessary before they can act, what are to the floor of this Senate and saying: City Health Officials, the National En- we doing here? Playing doctor? That is Asbestos? Well, maybe it is OK if peo- vironmental Health Association, the not why I came here. ple breathe it in, so let’s repeal the Physicians for Social Responsibility, We have the EPA every day going out rule that says we need to protect our the Trust for America’s Health, the there and controlling hazardous air workers from asbestos. No Senator Centers for Disease Control which, pollutants: carbon tetrachloride known ever did that, thank God, so our agen- under the administration of George W. to cause cancer. Does my friend want cies could move forward and protect Bush, started the scientific work that to come down and say: Gee, that is our communities and our people. lead to this endangerment finding. command and control; let’s take away Black lung disease, that was a long Let’s be clear. Ninety percent of the the ability of the EPA to protect our time ago. There was a connection made work on this endangerment finding was families from carbon tetrachloride. between the coal dust and our miners. done by the Bush administration. This Naphthalene, another known toxin I don’t remember—or I didn’t read is such a radical amendment, it throws that causes cancer. Yes, the EPA is out about—anybody coming to the floor out all their work too. there, command and control, getting it and saying we need to repeal the health Our families come first, and if our out of the environment. Vinyl chloride, finding on this. Because we didn’t have families come first in all our minds, any Senators who did that, frankly, then we can battle about how to get known to cause cancer; cadmium, and because we had enough respect for the carbon out of the air, but we should known to cause cancer and harm the health officials, public health officials, not be repealing a finding that clearly reproductive system. They are all tox- scientists, doctors, we let them do states that our family’s health would ins the EPA is working on to make their job. Yes, we might have fought it suffer if we don’t get this carbon out of sure our families are protected. One day I suppose the Senator could out here: Gee, how much should we the air. come down here and say: Let’s repeal spend to protect our workers from My colleague says she wants to get the scientific finding that said these black lung disease? How much should the carbon out of the air. She is look- we spend to protect our workers from ing forward to working with all the toxins cause cancer and then the EPA asbestos? How much should we spend colleagues I mentioned and more. That will not have the ability to use their as a society to take the lead out of is great. Believe me, she and I have command and control to protect our paint? We never, ever had a Senator talked about this, and I hope she comes families. This is the type of precedent come down to the floor to try and over- to the table. It would be wonderful if we are setting today, at a time when turn a finding that was made by the we got her help and she went on a bill. we know there are more and more health community. So far that hasn’t happened and that is chemicals and toxins that are, in fact, This is a new low, in my humble her choice. Maybe she will write her impacting our families. Cyanide is an- opinion. The reason I say that is be- own bill, and that would be wonderful other one. Cyanide. The scientists told cause, to me, I am here for one reason: too. But that doesn’t mean because we us it is extremely toxic to people. It to make life better for the people I rep- haven’t found the 60 votes that we can harms the nervous system. It harms resent. Repealing scientific health ex- afford to come down here and repeal a the cardiovascular system and the res- pert findings is not what I should be finding that is very clear about the piratory system. We control it through doing. I should be working to make health of our people. command and control and the EPA be- sure, after I know the fact that there is There are health effects of doing cause it is a danger. The Supreme a danger, what is the best way to get nothing. My colleague says: You know Court said, in very clear language, to the carbon pollution out of the air. what. It may take us a while to fix this the Bush EPA: You wasted 8 years. That is totally fair. I can tell my col- problem, maybe a year. It may take 5 This is a danger to society. In the Su- leagues right now, I am not going to years, by the way. What she wants to preme Court decision, this conservative get my way on the best way to do it be- do is state that nobody can take action court said to the EPA: You better cause we don’t have 60 votes for that. I to protect our families from carbon make this endangerment finding. understand that. That is why I am sup- pollution while we dither around here. Here is what we know about the porting all my colleagues who are I am happy we are working. It could endangerment finding my colleague working so hard to try and come up take us a long time to get this. Do my wants to overturn. There is evidence— with the 60 votes so we don’t repeal an colleagues know how long it took to this is what the EPA found—that the endangerment finding. What would get the Clean Air Act amendments? A number of extremely hot days is in- have happened to our families if we had long time. It took years. I am not will- creasing. Severe heat waves are pro- Senators who did this? We didn’t do ing to put my family and my State— jected to intensify, which result in that in the past. We listened to the my families in my State and my State heat-related mortality and sickness. It science and the health experts. We in jeopardy, nor the American people. goes on to talk about air quality, and took action that saved countless lives. Because if we take away this this is important: Climate change is This amendment would harm our fami- endangerment finding and we decide we expected to worsen regional ground- lies. know better than all the health experts level ozone pollution. Exposure to If I saw someone coming down the and all the scientific experts, EPA can- ground-level ozone has been linked to street about to attack my family, I not do anything. respiratory health problems ranging

VerDate Nov 24 2008 01:10 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.034 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S89 from decreased lung function and ag- finding that has been signed off on by body of scientific research showing a clear gravated asthma to increased emer- the Bush administration, the current threat from climate change. The 2007 Fourth gency department visits, hospital ad- administration, and health care ex- Assessment Report of the Intergovernmental missions, and even premature death. It perts all over the country, they would Panel on Climate Change (IPCC) found that global warming will cause water shortages, goes on and talks about the elderly, say: No. What are they doing? Why are loss of species, hazards to coasts from sea people in already poor health, the dis- they meddling in our health? level rise, and an increase in the severity of abled, people living alone, and the ex- That is not how the Senator is ex- extreme weather events. The most recent treme events that are anticipated plaining her amendment, her resolu- science includes findings that sea level rise which, by the way, some people feel are tion. She says: Oh, it is just a little may be more pronounced then the IPCC re- already happening: extreme events moratorium and it will just stop this port predicted and that oceans will absorb such as extreme cold, extreme snow, for a little while. Not true. It repeals less of our future emissions. Recently, 18 extreme flooding, extreme drought; the endangerment finding. American scientific societies sent a letter to Let me tell you about some other let- the U.S. Senate confirming the consensus some of the things that are already view on climate science and calling from ac- happening. ters we received. There are 195 under- tion to reduce greenhouse gases ‘‘if we are to Why on Earth would the Senate get signed endorsers—remember, you heard avoid the most severe impacts of climate into the business of repealing science, from my colleague that the people change.’’ The U.S. National Academy of repealing the work of health experts? stand with her. We have a letter from Sciences and 10 international scientific acad- There is only one answer. There is only 195 signers saying: We urge you to op- emies have also released such statements. one answer, to me: That is what the pose the imminent attack on the Clean Unfortunately, the Murkowski amendment special interests want to have happen Air Act that would undermine public would force the EPA to ignore these sci- entific findings and statements. now because they are desperate, be- health and prevent action on global The CAA is a law with a nearly 40-year cause they know the Clean Air Act warming. This attack comes in the track record of protecting public health and does, in fact, cover carbon pollution. form of an amendment by Senator the environment and spurring innovation by The Supreme Court found that. They MURKOWSKI to the debt bill. They cutting dangerous pollution. This effective have nowhere else to turn. The only thought it was coming in that form. It policy can help address the threat of climate way to stop the Environmental Protec- is now coming in a different form, change—but only if the EPA retains its abil- tion Agency from protecting our fami- which is to reverse the endangerment ity to respond to scientific findings. Instead lies, the way they protect them from finding. of standing in the way of climate action, the They go on to say: Senate should move quickly to enact climate lead and arsenic and smog and naph- and energy legislation that will curb global thalene and vinyl chloride and cyanide The EPA’s ‘‘endangerment finding’’ is warming, save consumers money, and create and others, is to begin to act. based on an exhaustive review of the massive jobs. In the meantime, we urge you to re- We know the EPA is very aware we body of scientific research showing a clear spect the scientific integrity of the EPA’s are working on legislation. They have threat from climate change. endangerment finding by opposing Senator told us, and I think they would tell They go on and they say that their Murkowski’s attack on the Clean Air Act. anyone who would call them, they are organization has a 40-year track record Mrs. BOXER. These doctors and sci- not interested in doing some draconian of protecting the public health. entists are so alarmed at this Mur- measures now. They are just getting Mr. GREGG. Will the Senator be will- kowski amendment to repeal an ready. They are just getting started be- ing to yield for a unanimous consent endangerment finding that they have cause the science has told us this is a request? written a letter, and here is who they problem. So people can stand here and Mrs. BOXER. Yes, as long as I don’t are. I am going to take the time to say: Oh, all we are doing is we are just lose the floor. read all of these people. giving a little time for the Senators to Mr. GREGG. Mr. President, I ask ALABAMA get their 60 votes. Hey, that may not unanimous consent to be recognized David Campbell, Ph.D., Tuscaloosa, AL. after the Senator from California. happen in a year or two or three or five ARIZONA The PRESIDING OFFICER. Is there or six or eight or ten. Maybe it will James Gessaman, Ph.D., Tucson, AZ; happen tomorrow. Believe me, I am objection? Trevor Hare, M.S., Tucson, AZ; Helen working on it. Mrs. BOXER. Reserving the right to Unland, M.S., Gilbert, AZ. I am very hopeful that it will work. object, I want to make sure the speak- ARKANSAS When you get 80 businesses writing us er after that is from our side. With Stephen Manning, Ph.D., Beebe, AR. that understanding, I will not object. and telling us in a letter—a new orga- CALIFORNIA The PRESIDING OFFICER. Is there nization called We Can Lead, and these Richard Ambrose, Ph.D., Los Angeles, CA; are very, very important businesses all objection? Without objection, it is so Linda Anderson, Ph.D., Felton, CA; Stephen across our Nation—maybe that will ordered. Asztalos, Ph.D., Oakland, CA; Lawrence help us act. Mrs. BOXER. Mr. President, I want Badash, Ph.D., Santa Barbara, CA; Holger Until that time, there is only one to put into the RECORD a letter from Brix, Ph.D., Los Angeles, CA; Stephen thing that is available to protect our 195 doctors and scientists who are Brooks, M.S., Carmel, CA; Clifford Bunton, people, to protect their families and alarmed at this Murkowski amendment Ph.D., Santa Barbara, CA; Paul Chestnut, Ph.D., Palo Alto, CA; David Cleveland, their children and the planet, and that to repeal the endangerment finding. I ask unanimous consent to have this Ph.D., Santa Barbara, CA; Bernard Cleyet, is the Environmental Protection Agen- Ph.D., Salinas, CA; Mary Coker, M.S., Mor- letter printed in the RECORD. cy. Maybe if you don’t like the Envi- gan Hill, CA; Alan Cunningham, Ph.D., Car- ronmental Protection Agency, you can There being no objection, the mate- mel Valley, CA; George Ellison, M.D., San get up here and offer an amendment to rial was ordered to be printed in the Diego, CA; Shannon Fowler, Ph.D., Davis, do away with the EPA, just do away RECORD, as follows: CA; Jed Fuhrman, Ph.D., Topanga, CA; Dan- with it, or try to change the Clean Air JANUARY 19, 2010. iel Gluesenkamp, Ph.D., San Francisco, CA; Act and say it should not cover car- DEAR SENATORS: We—the 195 undersigned Andrew Gunther, Ph.D., Oakland, CA; Karen endorsers—urge you to oppose an imminent Holl, Ph.D., Santa Cruz, CA; Jeff Holmquist, bon—if that is what you want to do. By attack on the Clean Air Act (CAA) that Ph.D., Bishop, CA; John Holtzclaw, Ph.D., the way, we would debate that very would undermine public health and prevent San Francisco, CA; Joseph Illick, Ph.D., San soundly. It would be a good debate. action on global warming. This attack comes Francisco, CA; Burton Kallman, Torrance, Don’t come here and try to repeal a in the form of an amendment by Senator CA; Richard Kranzdorf, Ph.D., San Luis very important scientific and health Murkowski to the debt limit bill (H.J. Res. Obispo, CA; Arielle Levine, Ph.D., Berkeley, finding, because that sets a whole new 45) that would prevent the Environmental CA; William Lidicker, Ph.D., Berkeley, CA; precedent. Lord knows where it could Protection Agency (EPA) for acting on its Ics Lindsey, M.S., Santa Cruz, CA; Robert lead. finding that global warming endangers pub- Meese, Ph.D., Davis, CA; Richard Mielbrecht, We have more letters. My colleague lic health and welfare. Because the EPA’s M.S., Stockton, CA; Susanne Moser, Ph.D., finding is based on solid science, this amend- Santa Cruz, CA; Michael Nelson, M.S., can- says she stands on the side of the peo- ment also represents a rejection of that didate, Redwood City, CA; Roger Pierno, ple. OK. That is her judgment. I tell science. M.S., Palo Alto, CA; James Provenzano, you, if you went out and said to people: The EPA’s ‘‘endangerment finding’’ is Ph.D. candidate, Los Angeles, CA; Paul Should the Senate repeal a scientific based on an exhaustive review of the massive Rosenberger, B.S., Manhattan Beach, CA;

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Dale Sartor, M.B.A., Oakland, CA; Robert Wilczek, Ph.D., Cambridge, MA; Jeremy UTAH Siebert, PE, M.S., Orange, CA; David Winick, Ph.D., Acton, MA. Brett Adams, Ph.D., Logan, UT; William Smernoff, Ph.D., Portola Valley, CA; Ray- MICHIGAN Newmark, Ph.D., Salt Lake City, UT; An- mond Smith, Ph.D., Santa Barbara, CA; Peter Albers, Ph.D., Traverse City, MI; drew Schoenberg, Ph.D., Salt Lake City, UT; Glenn R. Stewart, Ph.D., La Verne, CA; Norman Andresen, Ph.D., Ypsilanti, MI; Jack Sites, Jr., Ph.D., Orem, UT. Laszlo J Szijj, Ph.D., Claremont, CA; Ma- Mick DeGraeve, Ph.D., Traverse City, MI; VERMONT thias van Thiel, Ph.D., Hayward, CA; Ray Ray Frodey, M.S., Fremont, MI; Gerald Weiss, Ph.D., La Jolla, CA; Stephen Weitz, Alan Betts, Ph.D., Pittsford, VT; Becky Gardner, Ph.D., Ann Arbor, MI; John Lorand, Ph.D., Oakland, CA. Herbig, M.S., S Burlington, VT. Ph.D., Mount Pleasant, MI; Stella COLORADO Papasavva, Ph.D., Royal Oak, MI. VIRGINIA Ron Alberty, Ph.D., Boulder, CO; Albert MINNESOTA Bruce Collette, Ph.D., Casanova, VA; Ken Gigliello, M.S., Centreville, VA; Judith Bartlett, J.D., Boulder, CO; Robert Cifelli, Dragoljub Bilanovic, Ph.D., Bemidji, MN; Lang, Ph.D., Ophelia, VA; Christopher Ph.D., Fort Collins, CO; Eric Hintsa, Ph.D., Jason Dahl, Ph.D., candidate, Bemidji, MN; Peloso, J.D., Arlington, VA. Boulder, CO; Jose-Luis Jimenez, Ph.D., Boul- Evan Hazard, Ph.D., Bemidji, MN. der, CO; Marni Koopman, Ph.D., Fort Col- WASHINGTON MISSISSIPPI lins, CO; Nan Rosenbloom, Ph.D., Boulder, Robert Briggs, M.A., Pullman, WA; Robert James Lazell, Ph.D., Jackson, MS. CO; Patrick Ryan, Ph.D., Thornton, CO; Brown, Ph.D., Seattle, WA; Richard Gam- Thomas Schlatter, Ph.D., Boulder, CO; Len MISSOURI mon, Ph.D., Shoreline, WA; Vivian Johnston, Shepard, M.S., Westminster, CO; Jerry David Pollack, M.A., Saint Louis, MO. B.S., Oakville, WA; Conway Leovy, Ph.D., Unruh, Ph.D., Manitou Springs, CO; A. NEW HAMPSHIRE Seattle, WA; Scott Luchessa, M.S., Seattle, Wyckoff, Ph.D. candidate, Fort Collins, CO. Patrick Eggleston, Ph.D., Keene, NH; Mi- WA; Bob Vocke, Ph.D., Husum, WA. CONNECTICUT chael Letendre, B.A., Portsmouth, NH. WEST VIRGINIA Robin Chazdon, Ph.D., Storrs, CT; NEW JERSEY Paula Hunt, M.S., Morgantown, WV; James Chandrasekhar Roychoudhuri, Ph.D., Storrs Kotcon, Ph.D., Morgantown, WV. Mansfield, CT. Robert Mason, Ph.D., Lambertville, NJ; Howard Mead, M.S., Cinnaminson, NJ; James WISCONSIN FLORIDA Miller, Ph.D., New Brunswick, NJ. James Boulter, Ph.D., Strum, WI; Tracy James Angelo, M.S. candidate, Orlando, NEW MEXICO Feldman, Ph.D., Stevens Point, WI; Larry FL; Hillary Cherry, M.S., Hobe Sound, FL; Reiter, B.S., Sobieski, WI; Peter Sigmann, Walter R. Courtenay, Jr., Ph.D., Gainesville, Siri Atma Khalsa, M.D., Espanola, NM. M.D., Sturgeon Bay, WI; Richard Steeves, FL; Jack Fell, Ph.D., Key Biscayne, FL; NEW YORK Ph.D., Madison, WI; John Stewart, Ph.D., Chris Hardy, B.S., Miami, FL; Ross Caren Cooper, Ph.D., Ithaca, NY; Kurt Washburn, WI. McCluney, Ph.D., Cape Canaveral, FL; John Gottfried, Ph.D., Ithaca, NY; Karlene Gun- Parker, Ph.D., Miami, FL; Milton Theaman, ter, Ph.D., Rochester, NY; Joel Huberman, These are doctors and scientists from Ph.D., Sarasota, FL. Ph.D., Buffalo, NY; Richard Ostfeld, Ph.D., all over the country who heard about GEORGIA Tivoli, NY; George Profous, M.S. New Paltz, this resolution. Believe me, this is very Shelly Krueger, M.S. candidate, Tybee Is- NY; Susan Riblett, Ph.D., Rochester, NY; quick that they got these signatures. land, GA; Andrea Lowrance, M.S., Gaines- C.S. Russell, Ph.D., New York, NY; David So when Senator MURKOWSKI says she ville, GA; Donald McCormick, Ph.D., Stone Straus, Ph.D., Gardiner, NY; James Wang, stands with the people, I want to point Mt., GA. Ph.D., New York, NY; Ruth Yanai, Ph.D., out that I do not believe for one mo- Syracuse, NY. HAWAII ment that the people of this country NORTH CAROLINA William Mokahi Steiner, Ph.D., Hilo, HI. want to go against the doctors and sci- Daniel Graham, Ph.D., Chapel Hill, NC; ILLINOIS entists who are signing this letter and Richard Gray, Ph.D., Boone, NC; Peter Rey- the health community that says it is Evan De Lucia, Ph.D., Urbana, IL; Karen nolds, Ph.D., Durham, NC; Don Richardson, Glennemeier, Ph.D., Glenview, IL; Scott M.D. Brevard, NC; Brett Taubman, Ph.D., important that we note the dangers of Harper, M.S., Arlington Heights, IL; Caroline Boone, NC. carbon pollution to our families. Herzenberg, Ph.D., Chicago, IL; Martin Jaffe, OHIO I think it is important, when a Sen- J.D., Chicago, IL; Edmond Zaborski, Ph.D., ator takes to the floor and says the Mahomet, IL. James Andrews, Ph.D., Youngstown, OH; Steven Federman, Ph.D., Ottawa Hills, OH; people want to see this endangerment INDIANA Donald Geiger, Ph.D., Dayton, OH; Ben finding overturned, that we make sure Novem Auyeung, Ph.D. candidate, West Lindenberger, B.S., Cincinnati, OH; David we lay out the facts about some very Lafayette, IN; Edward Bachta, M.S., Fishers, Modarelli, Ph.D., Akron, OH; Dan Petersen, important people who lead us on these IN; Mai Kuha, Ph.D., Muncie, IN; Joseph Ph.D., Cincinnati, OH; Benjamin Segall, health issues, and in the course of a Pachut, Ph.D., Indianapolis, IN; Eliot Smith, Ph.D., Cleveland Heights, OH; Gerald Sgro, few days they put together 195 doctors Ph.D., Bloomington, IN. Ph.D., Cleveland Hts., OH; Nicholas and scientists saying: Vote no against Sperelakis, Ph.D., Cincinnati, OH. IOWA the resolution. Richard Baker, Ph.D., Atalissa, IA; Margot OKLAHOMA Mr. President, I will reiterate why I Tollefson/Conard, Ph.D., Stratford, IA. Howard Baer, Ph.D., Norman, OK. am down here on the floor. Senator KENTUCKY OREGON MURKOWSKI is announcing today that Eugene Bruce, Ph.D., Lexington, KY. Kenneth Bergman, Ph.D., Ashland, OR; she seeks to overturn the scientific LOUSIANA Paul Harcombe, Ph.D., Albany, OR; Marilyn finding that carbon pollution is harm- Torbjorn Tornqvist, Ph.D., New Orleans, Harlin, Ph.D., Portland, OR; James Moore ful to the health of our families. I LA. Jr., M.S., Ashland, OR; Paul Torrence, Ph.D., Williams, OR; Pepper Trail, Ph.D., Ashland, think this is radical. I think this has MAINE OR. never been done. If Senators had done Frances Perlman, M.A., West Paris, ME. it in the past, we could not have pro- PENNSYLVANIA tected our families from tobacco, ar- MARYLAND John Cooper, Ph.D., Lewisburg, PA; James DJ Manalo, Ph.D., Rockville, MD; Judith Kasting, Ph.D., University Park, PA; Tim senic, lead, ozone, smog, or cadmium, McGuire, Ph.D., Chevy Chase, MD; Louis Pearce, Ph.D., Pittsburgh, PA; Fred and the list goes on. She doesn’t want Potash, Ph.D., Bethesda, MD; Arthur Tsien, Wuertele, M.B.A., Allentown, PA. EPA to be able to take any action to Ph.D., Chevy Chase, MD. RHODE ISLAND protect our families. This is a very rad- MASSACHUSETTS Rainer Lohmann, Ph.D., Narragansett, RI; ical way to go about it. William Dale, Ph.D., East Longmeadow, Dorothy Read, Ph.D., Kingston, RI. We have a letter from the attorneys MA; Eric Davidson, Ph.D., East Falmouth, TENNESSEE general of Rhode Island, California, MA; Allison Dunn, Ph.D., Boston, MA; Rob- Mark Heald, Ph.D., Pleasant Hill, TN; Den- Connecticut, Delaware, New Mexico, ert Gamache, Ph.D., Lowell, MA; Timothy nis Walsh, Ph.D., Murfreesboro, TN. Vermont, and the corporation counsel Havel, Ph.D., Boston, MA; Charles Kolb, for the city of New York. I ask unani- TEXAS Ph.D., Bedford, MA; Dianne Rocheleau, mous consent to have this letter print- Ph.D., Worcester, MA; Daniel Scholten, M.S., Gerald Fowler, Ph.D., Houston, TX; Thom- Carlisle, MA; Elske Smith, Ph.D., Lenox, as La Point, Ph.D., Denton, TX; Troy ed in the RECORD. MA; Frank Streeter, M.B.A., Lancaster, MA; Ladine, Ph.D., Marshall, TX; John Langan, There being no objection, the mate- John Terrell, Ph.D., Lincoln, MA; Nicholas M.S., San Antonio, TX; Rafael Lopez- rial was ordered to be printed in the White, Ph.D., Manchester, MA; Frank Mobilia, Ph.D., San Antonio, TX. RECORD, as follows:

VerDate Nov 24 2008 01:43 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.025 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S91

JANUARY 19, 2010. stead of standing in the way of progress, vulnerable communities to the impacts of Re Senator Murkowski’s anticipated Amend- Congress should defeat [this resolution]. climate change. In addition, this attempt to ment to H.J. Res. 45; also, any Congres- Communities of faith—I think it is undermine the authority of the EPA and the sional Review Act Resolution Relating to very important when the Senator from CAA to regulate greenhouse gas emissions EPA’s Endangerment Finding. will interfere with an effective U.S. response Alaska says she stands with the peo- to this global crisis. Hon. HARRY REID, ple—let’s see where the communities of Majority Leader, U.S. Senate, Senator Murkowski’s amendment threat- Washington, DC. faith come down. They are saying vote ens the well being of at risk communities, undermines efforts to shift to a sustainable Hon. MITCHELL MCCONNELL, no on the Murkowski amendment. energy future, and inevitably will impact the Minority Leader, U.S. Senate, They include the Church World Serv- right of all of God’s children to live in a Washington, DC. ice; the Coalition on the Environment healthy world. Congress should instead focus DEAR SENATORS REID AND MCCONNELL: We and Jewish Life; the Episcopal Church; are writing to urge you to oppose Senator its efforts on passing comprehensive climate the Evangelical Lutheran Church in legislation, a complementary path to the Murkowski’s anticipated amendment to the America; the Jewish Council for Public debt limit bill (H.J. Res. 45), which is ex- EPA’s regulation of greenhouse gases, as a pected to embody a Congressional limitation Affairs; the Jewish Reconstructionist means to ensure a just and sustainable fu- on actions by the Environmental Protection Federation; the National Council of ture for God’s Creation. Agency (EPA) to begin to regulate carbon di- Churches USA; the Maryknoll Office Mrs. BOXER. Mr. President, we also oxide and other global warming pollutants. for Global Concerns; the Presbyterian have another letter opposing the ef- We refer to Senator Murkowski’s widely-re- Church, USA, Washington office; the forts of the Senator from Alaska to ported attempt to introduce a floor amend- Missionary Oblates, Justice, Peace/In- overturn the endangerment finding. ment to restrict or void the EPA’s recent tegrity of Creation Office; the Union That letter is signed by many members (December 15, 2009) endangerment finding for Reformed Judaism; the Unitarian of the business community. I will name (found at 74 Fed. Reg. 66496) or to block EPA just a few, and then I will ask that this from limiting emissions from power plants Universalist Ministry for Earth; the or other sources of carbon pollution. That Unitarian Universalist Association of letter be printed in the RECORD. The amendment will probably be offered on Janu- Congregations; the United Church of signers include the CEO of Lucesco ary 20, or shortly thereafter, as an extra- Christ, Justice and Witness Ministries; Lighting; the president of Cross River neous addition to the debt limit bill. the United Methodist Church General Pictures; George Bailey of IBM; physi- We also oppose, whether introduced by this Board of Church and Society; and cist Tony Bernhardt from the Law- means, at this time, or otherwise, any Con- United Methodist Women. rence Livermore National Lab; a pro- gressional Review Act (CRA) resolution re- I ask unanimous consent to have fessor of physics at MIT, Aaron Bern- lating to the endangerment finding. Thus, stein. This goes on and on. I am also this letter also applies to any attempt, in that printed in the RECORD. the coming months, at a Congressional veto There being no objection, the mate- picking out the Theological Seminary of the EPA’s above-referenced action. rial was ordered to be printed in the in San Francisco; doctoral students The time is long overdue for the federal RECORD, as follows: from Stanford; financial adviser, UBS government to take action to drastically re- U.S. SENATE, Financial Services; the president of In- duce greenhouse gas emissions and to pre- Washington, DC, January 19, 2010. vestment Marketing, Inc. It goes on vent disruptive climate change. The antici- DEAR SENATOR: As communities and people and on. Seattle University Law School, pated Murkowski amendment and/or the of faith, we are called to protect and serve an assistant professor there. I don’t CRA resolution would be not only giant God’s great Creation and work for justice for even know, there are so many names. steps backwards, but would needlessly delay all of God’s people. We believe that the reductions in greenhouse gas emissions that Cofounder of Sybase, New Resource United States must take all appropriate and Bank, Environmental Entrepreneurs, we can and should begin making today. available actions to prevent the worst im- EPA’s endangerment finding is compelled pacts of climate change; we therefore urge Bob Epstein; General Partner of Trin- by the Supreme Court’s decision in Massa- you to oppose any efforts to undermine the ity Ventures; Lakeside Enterprises, chusetts v. EPA, 549 U.S. 497, 528–29 (2007), rul- authority of the Clean Air Act to regulate Granite Ventures, Tymphany; the ing that the Clean Air Act covers global greenhouse gas emissions. In particular, we former vice president of Oracle; the warming pollutants. The finding is the basis urge you to work for the defeat of Senator for President Obama’s issuance of landmark former executive vice president of Ora- Murkowski’s (AK) proposed amendment to cle. And on and on. The Sexton Com- greenhouse gas emission vehicle standards— the upcoming debt limit bill (H.J. Res 45) with the support of auto companies, auto pany; ClearEdge Power. It goes on and that would prevent the Environmental Pro- on. Data Robotics, Inc.; a freelance workers, states, and environmentalists—that tection Agency (EPA) from going forward will save consumers money at the pump, cut with greenhouse gas regulations under the journalist. This is quite a list of people. global warming pollution, reduce America’s Clean Air Act (CAA). It shows the breadth of our great Na- oil dependence and lay the groundwork for The CAA has a strong history of reducing tion. The Green Energy Czar at Google the new clean energy economy. This amend- pollution and protecting God’s children and is involved here; Cisco Systems, Jeff ment would eviscerate the important God’s Creation, successfully decreasing the progress EPA, partly at the behest of the Weinberger, the sustainability lead; prevalence of acid rain, responding to health Amanda Weitman, senior vice presi- States, has made in this area. threatening smog and ozone problems faced The amendment also would undermine dent, Wells Fargo private bank; Solar in our major urban areas, and generally im- EPA’s important efforts to use the Clean Air Project Developers, and on and on. proving the air quality of our nation in the Act to ensure that the nation’s largest power decades since its passage. It is only appro- I ask unanimous consent to have plants and factories use modern technology priate that the CAA continue to oversee any printed in the RECORD this letter. to reduce their global warming pollution, as and all air-related challenges that we face. There being no objection, the mate- they already must do for other pollutants. In 2007, the Supreme Court ruled that green- rial was ordered to be printed in the EPA has proposed to tailor those rules to ex- house gas emissions, the leading cause of cli- RECORD, as follows: empt small carbon emitters. In sum, we support EPA’s actions as a mate change are, in fact, covered under the ENVIRONMENTAL ENTREPRENEURS, start towards holding the biggest polluters CAA and could be regulated by the EPA. New January 15, 2010. accountable, reducing America’s oil depend- CAA regulations limiting greenhouse gas DEAR SENATOR: As members of Environ- ence and jump-starting a vibrant clean en- emissions will also ensure that the largest mental Entrepreneurs (E2), we urge you to ergy economy. A vote for the Murkowski emitters, such as power plants and factories, oppose Senator Murkowski’s amendment to amendment would be a step backwards. In- use the best available technologies to reduce the debt limit bill (H.J. Res. 45). This amend- stead of standing in the way of progress, their greenhouse gas emissions and begin to ment would diminish incentives to the pri- Congress should defeat the promised floor shift to sustainable forms of energy. vate sector to invest in low carbon tech- amendment and any measures of that na- The EPA, in its efforts to implement the nologies, retarding much needed economic ture. CAA in an appropriate manner, has already growth and job creation in the clean energy proposed to tailor the CAA to exempt small sector. Mrs. BOXER. Mr. President, they carbon emitters and apply them only to E2 represents a national community of 850 say: large sources that have long been subject to business leaders who promote strong envi- In sum, we support EPA’s actions as a similar standards for other pollutants. How- ronmental policy to grow the economy. We start towards holding the biggest polluters ever, Senator Murkowski’s proposed amend- are entrepreneurs, investors and profes- accountable, reducing America’s oil depend- ment would prevent these regulations from sionals who collectively manage over $20 bil- ence and jump-starting a vibrant clean en- moving forward, allowing our nation’s sub- lion of venture capital and private equity, ergy economy. A vote for the Murkowski stantial contribution to global climate and have started well over 800 businesses amendment would be a step backwards. In- change to continue unchecked and exposing which in turn have created over 400,000 jobs.

VerDate Nov 24 2008 01:10 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.029 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S92 CONGRESSIONAL RECORD — SENATE January 21, 2010 The Clean Air Act is an example of how I ask unanimous consent to have The St. Louis Post-Dispatch has a sensible policy can benefit both our environ- printed in the RECORD this letter that very good editorial. They also come ment and our economy. While improving air Senator BAUCUS worked so hard on out against this kind of a move by Sen- quality in our cities, reducing acid rain, and with his staff. Here is what we say—I protecting the ozone layer, the law has also ator MURKOWSKI and big oil and big driven innovation in pollution control and think it is important—and then I will coal. They believe this vote is a very industrial efficiency, minimizing cost to have the letter printed in the RECORD: important vote. business. According to the Environmental The U.S. Environmental Protection Agen- I ask unanimous consent to have Protection Agency (EPA), the health bene- cy (EPA) recently issued a finding that these editorials printed in the RECORD. fits of the Clean Air Act outweigh the costs greenhouse gas pollution endangers public There being no objection, the mate- by as much as a 40:1 ratio. health and public welfare. In April 2007, the rial was ordered to be printed in the In 2007 the U.S. Supreme Court ruled that U.S. Supreme Court ruled that greenhouse RECORD, as follows: global warming pollutants are covered under gas emissions were covered under the Clean the Clean Air Act, and President Obama is Air Act and the EPA had a duty to deter- [From the New York Times, Jan. 19, 2010] carrying out the law by issuing clean vehicle mine whether the endangerment finding was MS. MURKOWSKI’S MISCHIEF standards and taking steps to ensure that warranted by science. Senator Lisa Murkowski’s home state of large polluters use the best-available tech- Then we go on to say: Alaska is ever so slowly melting away, cour- nology to reduce their global warming pollu- Debating policy choices regarding the ap- tesy of a warming planet. Yet few elected of- tion. EPA is already working to ensure that propriate response to unchecked climate ficials seem more determined than she to these rules apply only to major emitters. change is fair, and the Senate will continue throw sand in the Obama administration’s The growing clean energy sector represents to evaluate the best tools for addressing efforts to do something about climate our greatest opportunity to restore a robust greenhouse gas emissions, but repealing an change. economy and create new jobs. Investors and endangerment finding based upon years of As part of an agreement that allowed the entrepreneurs in this sector are seeking to work by America’s scientists and public Senate to get out of town before Christmas, commercialize the innovations and tech- health experts is not appropriate. Democratic leaders gave Ms. Murkowski and nologies that will secure America’s competi- several other Republicans the chance to offer tive position in the global economy. The We urge a ‘‘no’’ vote. I ask unanimous consent to have amendments to a must-pass bill lifting the Murkowski amendment sends the wrong debt ceiling. Voting on that bill begins this market signal at the wrong time, under- printed in the RECORD this letter. There being no objection, the mate- week. Although she has not showed her hand, mining investor confidence in this critical Ms. Murkowski has been considering various industry. rial was ordered to be printed in the proposals related to climate change—all mis- Instead of blocking the administration’s RECORD, as follows: chievous. efforts to curb carbon pollution, the Senate U.S. SENATE, COMMITTEE ON ENVI- One would block for one year any effort by should enact strong climate and energy leg- RONMENT AND PUBLIC WORKS, the Environmental Protection Agency to islation to deploy America’s workforce, en- Washington, DC, January 11, 2010. regulate greenhouse gases like carbon diox- courage business innovation, and promote DEAR COLLEAGUE: The U.S. Environmental ide. This would prevent the administration U.S. leadership in 21st century clean tech- Protection Agency (EPA) recently issued a from finalizing its new and much-needed nologies. We urge you to oppose Senator finding that greenhouse gas pollution endan- standards for cars and light trucks and pre- Murkowski’s amendment. gers public health and public welfare. In vent it from regulating greenhouse gases Sincerely, April 2007, the U.S. Supreme Court ruled that from stationary sources. (273 E2 members signed this letter) greenhouse gas emissions were covered under Ms. Murkowski also is mulling a ‘‘resolu- Mrs. BOXER. Mr. President, it is the Clean Air Act and the EPA had a duty to tion of disapproval’’ that would ask the Sen- very clear that Senator MURKOWSKI’s determine whether the endangerment find- ate to overturn the E.P.A.’s recent amendment is causing a ripple ing was warranted by the science. A ‘‘Resolu- ‘‘endangerment finding’’ that carbon dioxide tion of Disapproval’’ using expedited proce- and other global warming gases threaten throughout the country. It is causing a dures under the Congressional Review Act or firestorm of protests among doctors, human health and the environment. This other similar amendment is expected to be finding flowed from a 2007 Supreme Court de- scientists, and business leaders who be- introduced in the Senate to overturn EPA’s cision and is an essential precondition to any lieve it is a bad precedent to overturn global warming endangerment finding. regulation governing greenhouse gases. Re- science. It is hard for me to believe in Debating policy choices regarding the ap- scinding the finding would repudiate years of this century that is what we would be propriate response to unchecked climate work by America’s scientists and public doing. change is fair, and the Senate will continue health experts. to evaluate the best tools for addressing I wish to have printed in the RECORD Ms. Murkowski says she’s concerned about greenhouse gas emissions, but repealing an global warming but worries even more about some editorials from various news- endangerment finding based upon years of papers. One is from the New York what she fears would be a bureaucratic work by America’s scientists and public nightmare if the E.P.A. were allowed to reg- Times dated 2 days ago, ‘‘Ms. Murkow- health experts is not appropriate. ulate greenhouse gases. She says she would The independent work of scientists and ski’s Mischief.’’ They are basically say- prefer a broad legislative solution. So would public health experts from both the Bush and ing, which I thought was interesting: President Obama. But unlike Ms. Mur- Obama administrations should stand on its Senator Lisa Murkowski’s home State of kowski, he would not unilaterally disarm the own. We strongly urge you to vote ‘‘no’’ Alaska is ever so slowly melting away, cour- E.P.A. before Congress has passed a bill. when a Resolution of Disapproval or a simi- tesy of a warming planet. Yet few elected of- Judging by the latest and daffiest idea to lar amendment comes before the Senate. ficials seem more determined than she to waft from Ms. Murkowski’s office, she may Sincerely, throw sand in the Obama administration’s not want a bill at all. Last fall, the Senate , Chairman; Thomas R. efforts to do something about climate environment committee approved a cap-and- Carper; Frank R. Lautenberg; Ben- change. trade scheme that seeks to limit greenhouse jamin L. Cardin; Bernard Sanders; Amy gas emissions by putting a price on them. It is unbelievable. They go on to say Klobuchar; Sheldon Whitehouse; Tom The Democratic leadership’s plan is to com- if she chooses to overturn this Udall; Max Baucus; Jeff Merkley; bine the bill with other energy-related meas- endangerment finding, ‘‘rescinding the Kirsten Gillibrand; Arlen Specter. ures to broaden the base of support; by itself, finding would repudiate years of work Mrs. BOXER. Mr. President, the it cannot pass. by America’s scientists and public Washington Post said about the Mur- Knowing that the bill is not ripe, Ms. Mur- health experts.’’ kowski amendment that hobbling the kowski may bring it up for a vote anyway as I think this is important. The work EPA is not the right course. The cor- an amendment to the debt bill. Why? To that has been done leading up to this rect response is to provide a better al- shoot it down. The tactic would give us a endangerment finding was done by Re- ternative. Obviously, they are not in ‘‘barometric reading’’ of where the Senate publican and Democratic administra- favor of overturning an endangerment stands on cap-and-trade, one Murkowski tions alike. To just throw it out with staffer said recently. What it really gives us finding. is a reading on how little the senator—or for this resolution makes no sense at all. I The Scranton Times-Tribune—a very that matter, her party—has to offer. know Senator BAUCUS is on the Senate important, I think, editorial, says: floor. He served as chairman of the En- There should be little debate on . . . the [From the Washington Post, Jan. 20, 2010] premise that cleaner air is healthier. . . . vironment and Public Works Com- AVOIDING A TRAP ON CLIMATE CHANGE mittee. He took a very important role I think that is really what we are Ever since his inauguration a year ago, in framing a letter where we lay out saying. The scientists are saying let’s President Obama has tried to motivate Con- why this is a very bad idea. I thank clean up the carbon and have healthier gress with a strong ultimatum: Pass climate- him for that. air. change legislation, or the Environmental

VerDate Nov 24 2008 01:43 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.028 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S93 Protection Agency (EPA) will use its author- [From the St. Louis Post-Dispatch, Jan. 19, KOWSKI, as I understand it, under the ity under the Clean Air Act to curb carbon 2010] rules. She is using the rules to be able emissions without your input. THE DIRTY AIR ACT OF 2010 to do this. Instead of accepting this as a prod toward (By Melissa K. Hope) I do not think the American people useful action, Sen. Lisa Murkowski (R-Alas- ka) apparently wants to disarm the adminis- Big Oil and dirty coal are spending hun- should be misled into thinking this is tration. This week she is set to offer a meas- dreds of millions of dollars to stop Congress about postponing action on cleaning up ure, perhaps as an amendment to a bill rais- from passing new clean energy legislation carbon pollution. It is about something ing the federal debt ceiling, that would, one and now they are trying to gut one of our na- much deeper than that. If her resolu- way or another, strip the EPA of its power to tion’s most important environmental laws, tion passes and if it does become the the Clean Air Act. regulate carbon emissions as pollutants, per- law of the land—and I hope and I do not haps for a year, perhaps forever. We aren’t Just last month, the U.S. Environmental Protection Agency moved to enforce the believe it will at the end of the day— fans of the EPA-only route. The country what she is doing is something unprec- would be better off if Congress established Clean Air Act. The EPA declared that global market-based, economy-wide emissions warming pollution endangers human health edented. curbs. But hobbling the agency isn’t the and welfare and announced plans to limit That unprecedented move is to over- right course, either. emissions from the biggest polluters. Now turn a finding made by the scientists If Congress fails to act, carefully adminis- this plan is under attack in Congress by Sen. and the health experts on the impacts tered EPA regulation of carbon emissions Lisa Murkowski, R-Alaska, and other friends of carbon pollution. This has never of Big Coal and Big Oil, and faces a crucial could ensure that America makes some real been done before. Senators play the reductions, if not necessarily in an optimally vote this week. Sen. Murkowski wants to bail out big pol- role of Senators; they do not play the efficient manner. If Congress passes climate luters by blocking President Barack Obama role of doctors. They do not play the legislation, the EPA’s role, if any, could be and the EPA from taking action to limit tailored to work with a legislated emissions- role of scientists. I will tell you, if we emissions. She is proposing an amendment reduction regime. So removing the EPA’s au- start doing that, there is no end to to the Senate’s national debt ceiling bill. Her thority now is at least premature. The cor- what we could do. We could overturn amendment would dismantle the Clean Air rect response to the prospect of large-scale action on controlling the nicotine in Act and put the public’s health and safety at EPA regulation is not to waste lawmakers’ cigarettes. We could overturn action to risk to global warming. Her ‘‘Dirty Air Act energy in a probably futile attempt to weak- of 2010’’ would block the EPA from limiting control the lead allowed in paints. We en the agency. Instead, the Senate should carbon dioxide emissions. could overturn the science based on provide a better alternative. After years of research, scientific debate, limits for arsenic in water. I could go That effort is already fraught. The best court cases, public hearings and comments, policies—a simple carbon tax or cap-and- on and list all the toxins—cadmium, Senator Murkowski is suggesting that we trade scheme -aren’t gaining steam. Instead, carbon tetrachloride, naphthalene, tol- simply choose to ‘‘un-learn’’ that global the House passed a leviathan bill, and the uene, and it goes on. That is why this warming is happening and that it will be Senate is stalled. Majority Leader Harry M. is such a dangerous turn of events. dangerous to human health and welfare. Reid (D-Nev.) indicated last week that he I am very much up for a debate on The EPA merely is doing what the Clean fears Ms. Murkowski’s measure will diminish Air Act already requires—and what it was the best way to solve this problem of chances of producing a bipartisan climate- ordered to do almost three years ago by the too much carbon pollution in the air. change bill. Ms. Murkowski would do better U.S. Supreme Court. And last month, more We differ. Some of us have one idea, by helping end the Senate’s paralysis than than 400,000 Americans submitted comments some have another. That is why I am by seeking to condemn the rest of govern- in favor of the EPA’s proposal to limit pollu- ment to the same inaction. so hopeful that Senators KERRY, tion from the biggest global warming pol- GRAHAM, and LIEBERMAN, with all of us luters, among the highest number of com- [From the Scranton Times-Tribune, Jan. 19, working in the background, can come ments ever submitted in favor of any pro- 2010] up with the 60 votes necessary. But posal. WIN FIGHT FOR CLEANER AIR The EPA plans to limit the new common make no mistake about it, we should Most of the debate about the human con- sense, economically feasible regulations to not start down the path of overturning tribution to global warming is about politics the largest polluters only. Suggestions that a health finding. That is not why we and economics rather than science. The vast the EPA plans to regulate farms, schools, were elected. preponderance of scientific evidence points hospitals, cows and Dunkin’ Donuts are sim- I can just speak for my constituents. to a human contribution to global warming. ply false. EPA Administrator Lisa Jackson My constituents sent me here. They For the most part, the debate truly is about has said as much on numerous occasions. want me to protect the health and safe- how to bear the costs of remedial action. Such statements, which are an attempt to ty of the people, and that is what I in- There should be little debate on any basis, scare small businesses, merely are mis- however, on the premise that cleaner air is leading smears designed to derail any limits tend to do. healthier air, regardless of the global warm- on polluters. I am very proud of the doctors who ing stalemate. Sen. Murkowski might say her amendment have come forward today. I met with Yet a move is afoot in the Senate, based is just a one-year time-out, but we’ve al- one in my office just about an hour upon the global warming debate, to thwart ready had a nearly decade-long ‘‘time-out’’ ago. They are going to stand with us, use of the Clean Air Act for its intended pur- as pundits for big oil and coal had their way. and they are going to tell the truth pose—to improve air quality and, therefore, The clean-energy economy and action to about this. The American people will public health. curb global warming no longer can be held judge who is on their side. That is up to The U.S. Environmental Protection Agen- hostage by petty politics and partisan ob- cy issued a finding last year that greenhouse structionism. We can’t choose to deny that them. They will make that decision. gas emissions are pollution that endangers this pollution is harmful any longer. Mr. President, I am so grateful for public health. The EPA undertook the anal- Instead of looking for ways to delay ac- your patience. I have put many things ysis after the U.S. Supreme Court ruled in tion, Congress needs to finalize comprehen- into the RECORD. I have spoken much 2007 that the emissions were covered by the sive clean energy and climate legislation as longer than I normally do, I am sure to Clean Air Act. soon as soon possible. Missouri’s senators— the chagrin of a few people on the In the 40 years since the Clean Air Act’s Republican Christopher ‘‘Kit’’ Bond and other side, which I understand how passage, it has been responsible for substan- Democrat Claire McCaskill—must say no to they feel. But I felt it important to lay tial improvements in air quality. Cleaner this fast-approaching amendment that would fuels, higher-mileage vehicles, reduced in- block EPA action on climate-changing emis- out how serious I think this is. Not dustrial emissions and related measures have sions from the largest polluters. More impor- that I think at the end of the day it helped to clean the air—and water, since air- tant, it is time Missouri’s senators strongly will become the law but because I love borne pollution falls into waterways. support clean energy and climate legislation serving in the Senate. I love the work The Senate could vote as early as Wednes- that will mean less pollution, new industries, we do. And one of the things we should day on a proposal, by Sen. Lisa Murkowski more jobs and greater security right here at not do is overturn science and public of Alaska, that in effect would exclude home. health experts. That is exactly what greenhouse gases from EPA regulation. Mrs. BOXER. Mr. President, in sum- the Murkowski resolution does. America’s direction since the passage of mary, I will say this: I do not want the the Clean Air Act has been toward, rather Mr. President, I know Senator GREGG than away from, cleaner air. Sen. Arlen American people to misunderstand will be speaking, and we have a slot re- Specter has committed to voting against the what is before us in this resolution served for a Democrat after that con- Murkowski gambit; Sen. Bob Casey should that will be coming up for a vote at a clusion. join him. time determined by Senator MUR- I yield the floor.

VerDate Nov 24 2008 01:10 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.032 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S94 CONGRESSIONAL RECORD — SENATE January 21, 2010 Mrs. GILLIBRAND. Mr. President, I mine action to tackle climate change spending that exceeds 20 percent of the rise today to speak against the pro- and urge this body to move forward gross national product. Everything else posed amendment from the Senator with comprehensive climate and clean in the Federal Government, if we were from Alaska. energy legislation. to maintain our usual spending level, This resolution of disapproval goes The PRESIDING OFFICER. The Sen- could not be done. Our national de- against good public health policy and ator from Montana is recognized. fense, education, building roads—all poses a serious threat to my constitu- Mr. BAUCUS. Under the previous those sorts of things could not be done. ents in New York—and all Americans— order, I believe the Senator from New But that does not stop there. With undermining our ability to advance ef- Hampshire is to have the floor. those three programs, the costs go up forts to clean our air and water and The PRESIDING OFFICER. The Sen- astronomically as we go out into the leave our world a better, healthier ator from New Hampshire is recog- future. place. nized. To pay for those costs, we have to This assault on the Clean Air Act AMENDMENT NO. 3302 run up the debt of the United States at would handcuff the Environmental Mr. GREGG. Mr. President, I rise to a rate that we have never seen. It will Protection Agency, stripping it of its support the amendment offered by Sen- double in 5 years. It will triple in 10 authority to regulate dangerous green- ator CONRAD, of which I am a primary years. Those are hard numbers. Our house gases. This amendment would let sponsor, to address what is the second debt, as I said, will pass the 60-percent large scale polluters off the hook by biggest threat our Nation faces. Clear- threshold. scrapping requirements for electric ly, the largest threat our Nation faces Why is that considered a tipping generation facilities to use modern is the fact that terrorists who wish to point? Because to get into the Euro- technology to reduce emissions and do us harm might get their hands on a pean Union, which is a group of indus- produce cleaner energy. weapon of mass destruction and use it trialized states, they have a threshold If passed, this amendment would send against us. That is our Nation’s great- which a nation cannot have a public a message that the United States will est threat. But after that, the biggest debt that exceeds 60 percent of GDP. It remain reliant on outdated and ineffi- threat to this country is our fiscal sit- cannot have deficits that exceed 3 per- cient energy technologies and delay in- uation and the fact that we are on a cent of GDP. Our deficits for the next vestment in new, clean technologies path where our Nation will go into 10 years will be between 4.5 percent and that would spur innovation and create bankruptcy because we will not be able 5.5 percent of GDP and, as I said, the good-paying, American jobs, all across to pay the debts we are running up. public debt will be up around 90 percent this great Nation. You do not have to believe me on of GDP by 2019. For my constituents in New York, that point. This is not exaggeration We know we are on an unsustainable this amendment stands for more air any longer. This is not hyperbole for course. What is the effect of that? pollution in our communities, more the purpose of political events. This is What happens when we get our debt up acid rain devastating natural treasures just the way the numbers work. so high? There are only two scenarios like the Adirondacks, ever-increasing By the end of this year, our public for our Nation. One, we devalue the asthma rates for our children, and a debt will exceed 60 percent of GDP. currency. That means inflation. That failure to take action when action is That is known as a tipping point, when is a terrible thing to do to a nation. It long overdue. you owe that much money compared to takes everybody’s savings and basi- Regulatory uncertainty is under- how much you produce as a nation. cally cuts them by whatever the infla- mining our national interests and giv- Sixty percent is considered the tipping tion rate is. It means your currency ing countries like China and India, the point toward an unsustainable situa- cannot buy as much as it used to. It ability to eclipse our Nation in devel- tion. means you cannot be as productive as a oping the next generation of energy Within 10 years—I actually think it nation because you have an infla- technologies—that we, the United will occur sooner—our public debt will tionary problem. Or, alternatively, you States, should be leading the way on. cross the 90-percent threshold. When have to raise taxes at a rate that you Supporters of this amendment are es- you get into those ranges, you are basi- essentially suffocate people’s willing- sentially saying that they do not be- cally in a situation like a dog chasing ness to go out and create jobs, to be lieve the worldwide scientific con- its tail. There is no way to catch your- productive, take risk. And you take sensus regarding climate change, and self. There is no way to catch up with the money that should have been used that they don’t believe greenhouse the amount of debt you are putting on for the purposes of taking risk and gases pose a threat to human health— the books. The cost of bearing that building that local restaurant or that despite decades of world-class science debt eats up your resources as a nation. small business and creating jobs and that predate it, and the clarion call It takes away from your productivity you move it over to pay debt. from public health advocates across and your prosperity. Where do you send it? You send it to the country. This is not hyperbole, as I said. This China because they own most of our A vote for this amendment would be is just real, honest projections on num- debt or you send it to Saudi Arabia be- a vote for more pollution and increase bers which we already know exist. The cause they are the second biggest protection of those polluters. proposal from the President in the last owner of our debt, instead of investing It would encourage a regression in budget, under which we are now func- in the United States to make us more the environmental progress that has tioning, projects $1 trillion of deficit productive. Either scenario—a massive been made over the last 40 years, and every year for the next 10 years. increase in tax burden to pay debt or represents a denial of the need to cre- Today we are taking up a debt ceiling inflation—leads to a lower standard of ate jobs and revitalize our economy increase which is proposed to be $1.9 living for our children. with clean, renewable, American trillion—that is the increase—taking So as a very practical matter, what power. the debt of our Nation up to $14 tril- is going to happen to our Nation, under We need to pass comprehensive cli- lion. And it is not the end of these re- the facts which we know already exist, mate and clean energy legislation that quests for debt ceiling increases be- is that we will, for the first time, pass will create jobs by spurring investment cause we know the debt is going to con- on to the next generation a nation and innovation, enhance our national tinue to jump by over $1 trillion a year which is less prosperous, where there is security by moving our Nation forward every year as we move forward. less opportunity for our children, and on a path to energy independence, pro- This chart reflects the severity of the where the standard of living goes down tect our air and water by reducing pol- situation. Historically, the Federal rather than up. That is not acceptable. lution, and decrease energy costs for Government has used about 20 percent It is not fair and it is not right for one American families. of the gross national product of what generation to do that to another. So we The science is clear and we cannot af- we cost the American people as a gov- have to get our fiscal house in order. ford to wait. ernment. Just three programs—Medi- Many would argue: Well, that is your I urge my colleagues to join me in care, Social Security, and Medicaid— job. That is why we sent you to Con- voting against this attempt to under- by the year about 2030 will represent gress. Do your job. Get the fiscal house

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.034 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S95 in order, limit spending. That would be tion and moved them over to create a So the commission is made up of a the position of our side. The other new entitlement. It didn’t work. Reg- balanced and fair approach, and when side’s position would be to raise taxes. ular order has not worked around here it reports, 14 of the 18 people have to But we know that doesn’t work. We because the politics don’t allow it to vote for it—14 of the 18. So neither side know regular order does not work. work. The intensity of the community can game the other because the major- Why? Because we have seen it doesn’t that defends these various issues will ity of both sides have to be for what- work. We know that when you make not allow constructive activity to ever the report is. Then it comes to the proposals around here on these big occur under regular order. Congress, and 60 percent of the Con- issues of public policy, specifically en- So Senator CONRAD and I came to a gress has to vote on it. So neither side titlement programs or tax reform, you conclusion that, since regular order can be gamed. It has to be balanced and are immediately attacked. If you make doesn’t work and since we know we are it is an up-or-down vote on the pro- them on entitlement issues and if you headed toward this cliff, we should do posal. No amendments. are a Republican, you are attacked something. We asked ourselves: Why no amendments? That has been from the left as trying to savage senior Shouldn’t we try some other approach, a point of controversy. People say: citizens. If you make a proposal on tax think outside the box? The conclusion Well, you have to be able to amend it. reform, you are attacked from the Senator CONRAD and I came to, in a bi- No amendments. Because we all know right as trying to increase taxes on partisan way—obviously, because he is what amendments are for on an issue working Americans. the chairman of the Budget Committee such as this. They are for hiding in the Usually, those attacks are filled with and I am ranking—was let’s set up a corners. That is what Members do with hyperbole and gross misrepresenta- procedure which leads to policy, which amendments. They offer their amend- tions, in many instances. People send leads to a vote, and guarantee that pro- ment, and if it doesn’t pass, they say: out these fundraising letters. If you cedure is absolutely fair, absolutely bi- Oh, I can’t vote for this; my amend- ever say anything about Social Secu- partisan in its execution so nobody can ment didn’t pass. It is called a hide-in- rity as a Republican—as to how it game the other. I can’t game Members the-corner approach. Well, that is why we don’t have should be reformed and made more sol- of the Democratic side and Democratic Members can’t game the Republican amendments. It is up or down. The the- vent—immediately, it seems, there is a side. So the American people will look ory, of course, is the membership of letter that goes out from this group at the product of this commission and this commission is going to be bal- called Citizens to Protect Social Secu- say: That is fair. That is bipartisan. I anced, which it will be. That is not the- rity—or some other ‘‘motherhood’’ have some confidence in that. ory, that is reality. It will be balanced name—that looks like a Social Secu- So this commission, which is pro- and bipartisan players who will under- rity check, and it goes to all these So- posed in this amendment, does exactly stand these issues in a very substantive cial Security recipients. It says: If you that. It sets up a fair, bipartisan proc- way. Two of those Members are on the don’t send us $25 today, Senator GREGG ess, requiring supermajorities to floor right now, who I am sure will be is going to savage your Social Security produce policy and get a vote on those members of the commission—and I am payments. So that little group here in policies under fast track. Let me get not one of them. Washington takes in a lot of money. It into a couple specifics. As a very practical matter, the result doesn’t do anything to affect Social Se- There are 18 members on this com- will be something that is politically curity policy, but they sure have a mission. They all have their fingers of doable. Will it be a magic wand that good time wandering around the city responsibility on the buttons around corrects the whole issue of this pending with all that money. In the process, of here. There will be 16 people from the outyear insolvency of our country? No, course, the well gets poisoned and Congress and two people from the ad- absolutely not. But it will be a signifi- nothing can happen around here. That ministration—10 Democrats and 8 Re- cant statement by the Congress of the is what happens. Nothing happens. publicans. The Republicans will be ap- United States that we recognize the se- Well, that was maybe manageable for pointed by the Republican leadership, riousness of the situation we are in as a while, but it is not manageable any the Democrats by the Democratic lead- a nation; that we recognize it is not longer. We are headed toward a wall as ership. So the membership of this com- fair for one generation to do this to an- a nation. We are headed toward an mission, everybody knows, will be peo- other generation; that we recognize we event where we will essentially be in- ple who reflect the philosophical views will be unable to sell our debt as a na- solvent as a country. We will become a of the leadership of the two parties. tion—or sell it at a reasonable price in banana republic type of situation, That group will meet and have public the fairly near future unless we take where we simply can’t meet the obliga- hearings, and they will have an advi- action. It will be a message on all those tions of our debt, or, alternatively, the sory group that has all the different points, and it will be a positive mes- people who lend us our money—many constituencies who want to be heard on sage. The markets will react by saying: of them are Americans but a lot of that, and who will give them input, and They are trying. The American people them are Chinese—are going to say: I there will be a lot of public input. Then will react by saying: Thank God, there am not going to lend you any more the group will have to come to a con- is finally a bipartisan effort to try to money, America, or if I do, I am going clusion on the big issues that affect fis- do something around here on this to charge you an outrageous interest cal policy in this country. issue. Sure, it will not be the magic rate because I don’t think you can pay The point is, neither side is going to wand or the magic bullet that solves it back because you have too much come to the table on this unless every- everything, but it will be a significant debt. thing is on the table. Let’s be honest. If step, I suspect. I have confidence the That is where we are headed, and we I say no taxes on the table, why would people who will serve on this commis- know it is there. It used to be over the anybody on the other side come to the sion will be committed to that. horizon, so the Congress never worried table? If they say no entitlement re- I realize this is a process that af- about it and so nothing ever happened. form on the table, why would anybody fronts many because it is outside the It is not over the horizon anymore. It on our side come to the table? So ev- regular order. But the simple fact is, if is well inside the horizon and it is clos- erything is on the table. But, of course, we stand on regular order around here, ing fast. As I said, we passed the 60 per- the interests of the different parties on we are going to go through a trapdoor cent threshold just this year. We will issues such as taxes and entitlements as a nation because we are not going to pass it this year, and we will hit 90 per- are protected by the way the member- stand up to the issues that are critical cent within this 10-year budget cycle. ship of the commission is appointed. to putting us back on the road to sol- So regular order has not worked. Obviously, the Republican leader isn’t vency. So this is a proposal that is seri- Some may argue: Well, the health going to appoint to this commission ous, it is bipartisan, and it has a fair care bill was regular order. That sure people who are going to go off on some amount of support—34 cosponsors. It is didn’t work. Folks, that didn’t work. It tangent on tax policy which would be very unusual to have that many co- sent the cost curve up. It took re- unacceptable to Republicans, and the sponsors around here on anything, and sources which should have been used to same is true of the Democratic leader they are bipartisan. It is about half and address the Medicare insolvency situa- relative to entitlement reform. half. Well, I think it is 14–20.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.046 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S96 CONGRESSIONAL RECORD — SENATE January 21, 2010 So I would hope my colleagues would came to this place and have these defi- open debate when Senators can amend vote for this. I understand my col- cits, which are for the reasons I sug- and improve the product, and that is leagues are hearing, on our side of the gested. We also very much agree that why I believe the Conrad-Gregg com- aisle, from a number of very credible we have to reduce these deficits in fu- mission is a bad idea. people who oppose this because they ture years. There is tremendous agree- There are alternatives to that pro- are concerned or worried about the tax ment on that point. We also agree it posal. One is that we do it ourselves, side. I understand the other side of the would be better for the government to we do what we should do, and we do it aisle is hearing from a considerable reduce our annual deficits to below 3 the right way. But there is also an- number of constituency groups of percent of gross domestic product. other alternative, an alternative which theirs who oppose it because they are There is agreement on that. the President and Vice President—es- concerned about the impact on entitle- Most economic observers and experts pecially the Vice President is working ments. Maybe that means we have it think that once our deficits reach 3 on that sets up an executive commis- right, that we have all these interest percent of gross domestic product, that sion, not a statutory commission as group-driven folks who are opposing it. is not so bad. It is going to take a little outlined by the Senators from New I think it means we have it right, and effort to get there. But, again, we are Hampshire and North Dakota but, I believe this is pretty much coming to where we are because of the recession rather, one on which the Vice Presi- be our last clear chance of getting and because of the financial crisis that dent has convened a series of discus- something done; that the course we are occurred in the last several years. sions, and in that proposal the Vice on now is coming to the point of being Where we disagree, though, is over President has proposed an Executive irreversible, unless we do something the way we respond. We disagree over order where the President would create such as this. the powers the Senator from New a commission to consider our fiscal sit- I don’t believe it is correct, as I said, Hampshire wishes to turn over to uation. It would also have similar com- for one generation of political leaders somebody else—over to a commission. position, similar powers. It is similar to pass on to the next generation a We disagree on that point. I don’t to the statutory commission offered by country that will be in total fiscal dis- think we should turn the power that Senators CONRAD and GREGG, but there array. We have a responsibility to act, Senators and House Members have over is only one difference, and that dif- and this is a way to act. to some other body to do something ference is in the process. The Vice I appreciate the courtesy of the Mem- called an entitlements commission. President’s proposal, which I think the bers on the floor, and I yield the floor. The Senator from New Hampshire President will announce fairly shortly, The PRESIDING OFFICER. The Sen- proposes to create such a procedure to would preserve the rules of the Senate. ator from Montana is recognized. protect Senators, frankly, from being The Gregg-Conrad amendment would Mr. BAUCUS. Mr. President, I would attacked for the decisions they make. not. And it is preserving the rules of say we are expecting the Senator from That is what this is all about, in some the Senate that I think makes all the Connecticut, Mr. DODD, to arrive short- respects, to turn this decisionmaking difference. ly, and when he does, I will yield to over to somebody else so Senators can Under the proposal that I think will him. say: They did it. They made me do it. be offered by the President, that is, the I wish to also respond, briefly, to the He and the Senator from North Dakota executive commission, again, I think it Senator from New Hampshire and start proposed a commission, for example, is 18 members, all subjects are consid- by talking about where we agree. I with a fast-track process that would ered, and they will report back to the think it is almost always good, when absolve Senators from responsibility Congress, I think after the election. So discussing something, for people to for any amendments. Senators could everything is very similar, if not ex- look at where there is agreement. then throw up their hands and say: The actly the same. The only difference is, Where there is agreement, it builds commission made me do it. under the executive commission, if it is trust and understanding and, therefore, It sounds as if all of us parents heard proposed—I think it will be—there is when possible, there can be even great- something similar from our kids: no requirement of a fast-track process er agreement. We, clearly, agree it is Daddy, Mommy, something made me as required by the statutory commis- unhealthy for the government to be do it. I will never forget that many sion. running these huge deficits. I think ev- years ago, my son said: Daddy, it just I tell my colleagues there are other eryone in this body agrees on that seemed so good. Somebody else sug- alternatives, there are other ways to point. It is unsustainable, as many gested the idea, and that made me do address our huge budget deficits. I urge have said. But why are we running it. I couldn’t say no. my colleagues to join in support for the these big deficits? We are doing so, But on matters as important as So- Vice President’s efforts and oppose the frankly, because of mistakes made dur- cial Security for seniors, on matters as Conrad-Gregg amendment. ing the financial crisis prompted by the important as Medicare and Medicaid I understand the Senator from Con- subprime mortgage crisis and also be- for Americans that have health con- necticut is not here. Maybe the Sen- cause we have been in a fairly deep re- cerns, on matters as important as the ator wants to proceed? Oh, he is here. cession. That is why these deficits are tax rates the government will impose Does the Senator from South Dakota so large. It doesn’t take a rocket sci- on American families—on those impor- wish to proceed? entist to figure that out. It was some- tant matters, I think we need an open The PRESIDING OFFICER. The Sen- thing, unfortunately, that had to be process where Senators and House ator from South Dakota is recognized. done. Members participate and offer sugges- AMENDMENT NO. 3301 We had to come up with some money tions and offer amendments. On things Mr. THUNE. Mr. President, today the to help provide some economic sta- that important, I do not think we need Senate will have an opportunity to in- bility for this country. After that, as a procedural shortcut. dicate to the American people whether we know, when we are in a recession, Sometimes the most important they are listening to the American peo- unemployment payments are higher things are difficult to do. I think most ple because we are going to have an op- and Medicaid payments are higher and Members of Congress and the Senate portunity to vote on a debt limit bill a lot of other programs are automati- who ran for these jobs expected there later, but earlier, before that, on a se- cally higher because we enact pro- would be some tough choices, there ries of amendments. The first amend- grams on top of that to help the econ- would be some tough times. I don’t ment is an amendment I am offering omy. That is why we are facing these think they want procedural shortcuts along with Senator VITTER from Lou- huge deficits. They have grown very because with procedural shortcuts, isiana and Senator BENNETT from Utah. significantly in the last several years often there are unintended con- They have worked extensively on this. for those reasons. sequences. With procedural shortcuts, They have already been down here and So there is no disagreement that, A, often bad things happen, when it is not they spoke on this this morning, as we have large deficits, and, B, we have thought through in advance. Rather, have a number of my colleagues. to begin to reduce those deficits. I we should have full and open debate. What is important about this amend- think there is agreement as to why we There are fewer surprises with full and ment is it will give an indication to the

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.047 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S97 American people about whether their sive amount of borrowing and expan- enue increases were somehow going to voices are being heard here in Wash- sion of government. expand the lifespan of Medicare. ington as expressed by the voters of I also think people are reacting to What I thought was interesting about Massachusetts. I think what they were the process by which Congress con- that was the Senator from Alabama saying in that vote a couple of days ducts its business. The idea that you asked a question of the Congressional ago was: We are frustrated. We are con- would have to pass legislation by in- Budget Office toward the end of that cerned about the level at which Wash- cluding special provisions for indi- debate about, how can you count this ington is spending and taxing and bor- vidual Senators—the so-called as paying for the new entitlement pro- rowing. We want the brakes put on cornhusker kickback, the Louisiana gram, the new health care program, that. purchase, all these other things where and still say you are extending the life- I have an amendment that I offer to individual deals were made in back span of Medicare because obviously you the debt limit today that will end rooms to get the support of individual can’t use the money twice. In response TARP. It is a very straightforward way Senators to vote in this case for the big to that question, the Congressional in which we can signal to the American health care bill—is something the Budget Office issued a statement and people that we are serious about fiscal American people find very objection- said that the key point is that the sav- responsibility. able. I think they are reacting to that ings to the HI trust fund, the Medicare Just by way of context, if you look at too. I think what they are voicing is trust fund, under the health care bill what is being proposed here with this their disgust with the way Washington would be received by the government debt limit increase, it is to add $1.9 operates. only once, so they cannot be set aside trillion to the debt limit of our coun- One of the reasons we are here today to pay for future Medicare spending try—$1.9 trillion. Remember, we al- asking for a $1.9 trillion increase in the and at the same time pay for current ready raised the debt limit before we debt limit and the reason we have a spending on other parts of the legisla- left for the Christmas holiday by $290 debt that next year will exceed 60 per- tion or on other programs. billion, so if you add that to the $1.9 cent of our gross domestic product— They went on to say: trillion, you are talking about well which, by the way, would keep us from The unified budget accounting showed that over $2 trillion that we will have added getting into the European Union—is the majority of the HI savings [the trust to the debt limit in the last 30 days. because we continue to spend and fund savings] would be used to pay for other Bear in mind that the entire Federal spend and borrow and borrow and spending under the health care bill and budget a decade ago did not exceed frankly use a lot of accounting gim- would not enhance the ability of the govern- that amount of money. We are going to micks here in Washington, DC, to dis- ment to redeem the bonds credited to the add more to the debt limit in this vote, guise and shield the amount of bor- trust fund, the Medicare trust fund, to pay coupled with the vote we made about 30 for future Medicare benefits. To describe the rowing and spending that is going on full amount of HI trust fund savings as both days ago, than was spent in the entire here. improving the government’s ability to pay Federal budget a decade ago. That is A good example of that was the future Medicare benefits and financing new remarkable. It speaks to the whole health care bill which we have been de- spending outside of Medicare would essen- issue of the amount of spending and bating now for the last several months. tially double-count a large share of those the growth of government here in It passed the House of Representatives, savings and thus overstate the improvement Washington, DC, which I believe has it passed the Senate, and it is now in in the government’s fiscal position. the American taxpayer very con- discussions. Negotiations are going on That is just an example of one of the cerned—and with good reason. between the leaders in the House and unique accounting mechanisms used by If you look at what has happened in Senate. I am not sure—we have not the Federal Government in Wash- the last several years, starting in 2008 been privy to those, either—what the ington, DC. and up through 2010, this year—if you state of play is with regard to the Mr. BAUCUS. Will the Senator yield take the end of 2008, the amount of health care bill. for a question at that point? money spent in the appropriations bills I think it is important to know that Mr. THUNE. I would say to the chair- here in Washington, and then go to the there were a lot of things in that bill man, I will yield in a moment after I 2009 appropriations bills and the 2010 designed to understate its true cost. make some remarks, but I want to appropriations bills, over that time pe- They said it would only cost $1 trillion speak to the TARP amendment before riod the entire government grew by 16.8 over the first 10 years, but if you look I do that. I will be happy to yield at percent, over a 2-year period. That is at the fully implemented cost, because the conclusion of my remarks. excluding the defense and veterans it front-end-loaded some of the in- I want to say that I know what the funding, so that is other nondefense creases and back-loaded some of the chairman is going to say. He is going discretionary spending. All these in- spending, because it used various ac- to say the CBO came back and said it creases outpace both inflation and the counting gimmicks to understate the would extend the lifespan of Medicare, growth in our economy. true cost of it, if you look at the fully and they did, and it would under the To put it in perspective, inflation implemented cost over 10 years, it was mechanisms used in the unified budget during that same period, 2008 to 2010, in fact $2.5 trillion. I think those num- when it comes to trust fund account- was 3.5 percent. We grew government bers are starting to sink in with the ing. spending by 16.8 percent. That is stun- American people. Mr. BAUCUS. Would the Senator ning. How does any American taxpayer One of the things that was done in yield on that point since he is raising out there in this recession, trying to the health care bill—and I think this is the subject? figure out how to make their budget, an example of some of the things that Mr. THUNE. As long as we are not on how to pay their bills, and having to go happen, processes, procedures that hap- any time limitation, all right, I will. about the process of tightening their pen here in Washington, DC, that defy Mr. BAUCUS. Didn’t that same CBO belts, understand how a Federal Gov- logic and are very difficult to explain letter also say the health care bill that ernment can grow its size here in to the American people—one example passed the Senate would reduce the Washington, DC, by 16.8 percent when of that is the way the Medicare issue budget deficit? The Senator is throw- inflation in the country over that same was debated and handled with regard to ing out these huge figures—it is going time period was 3.5 percent? These are the health care debate. About $1⁄2 tril- to cost $2 trillion and so on and so some remarkable and stunning num- lion in Medicare cuts was proposed, forth. I don’t know where the Senator bers. That is why we are seeing all this along with a Medicare tax increase of .9 got that figure because the Congres- angst at the grassroots level around percent, all used to finance this new sional Budget Office, in that same let- this country about the direction the health care entitlement program, to ter or a similar letter—either that let- country is heading and the peril it is pay for the new $2.5 trillion in spend- ter, in an earlier letter, or in a subse- putting future generations in if we con- ing. The argument was made by the quent letter—reaffirmed that the bill tinue on this path unabated and we other side that this, in fact, extended passed in the Senate cuts the budget don’t do something about spending and the lifespan of Medicare because it deficit by $132 billion the first 10 years we don’t do something about the mas- was—the cuts to Medicare and the rev- and cuts the budget deficit by between

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That is what the letter says. roll tax increases, and you are saying gotten very far afield from what the The Actuary said the bill extends the we are going to use those to finance purpose of the TARP was in the first life of the Medicare trust fund I think this expansion, this new health care place. 5 or 6 more years—maybe more than entitlement, and at the same time we As to where we are today, we have, that. are going to use those to preserve and out of that $700 billion in authority—I Isn’t it true that CBO letter said that extend the lifespan of Medicare, most have a pie chart that shows what has the Senate bill reduces the budget def- people would say you cannot do that. been spent and what is left. icit by $132 billion in the first 10 years What the CBO said in this statement The blue represents the amount of and reduces it in the second 10 years by is, it is double-counting. It is spending the program, $700 billion, that has been between $650 billion and $1.3 trillion? the same revenue twice. That is the committed or spent already. That is Isn’t that true? practical implication of this, notwith- about $545 billion. That is what the Mr. THUNE. The CBO number, as the standing the weird gimmicks and the blue represents. The other side of the Senator from Montana knows, has been way Washington, DC, goes about ac- chart, the line part and the orange a moving target because at the end of counting for revenues in a unified part, represent the amount that has that debate, they adjusted by about $1⁄2 budget that go into trust funds because not been spent or has been paid back. trillion the amount they considered essentially what is happening is, you The amount that has not been spent is the deficit would be reduced. But I are issuing an IOU to the Medicare about $155 billion. The amount that has point out to the Senator from Montana trust fund and also taking those reve- been paid back is about $165 billion. So that, yes, the CBO came out and said nues and saying we are going to spend you have roughly $320 billion that to that because they are using the trust them to finance the new health care date is unobligated balances in the fund accounting conventions we use entitlement. You cannot spend the TARP account. here in Washington DC, and that is my same money twice. What my amendment would do is say whole point. I am not disputing what People in South Dakota know that. I that amount, that $320 billion, cannot the CBO has said because legally they think people in Montana know that. be spent. It ends. The reason for that is are correct because of the way we do it But that is why they are so frustrated because we are concerned this fund is under a unified budget accounting in about this process. They see this drag- going to be used for all types of pur- the trust funds. ging on and all of this debate going on poses for which it was not intended. But as a practical matter, as an eco- and all of these different numbers Most recently, the House of Rep- nomic matter, what the CBO is saying being thrown out. But the fact is, we resentatives passed the stimulus 2 bill, in the statement they issued is, you are creating a massive new government the second stimulus bill, which is going cannot double-count the money. It is entitlement program under health care to use as an offset this authority right spending the same money twice. You with all kinds of new spending financed here. What we are simply saying is, are creating a new entitlement pro- with tax increases and Medicare cuts this is $320 billion that we can save the gram, which is, under the CBO’s esti- that are supposed to be used to finance taxpayers of this country, that we can mate, $1 trillion over 10 years but when the new health care entitlement but keep from piling on debt to future gen- it is fully implemented, $2.5 trillion. are also being credited to the Medicare erations, and keep from adding to the Mr. BAUCUS. Will the Senator yield? trust fund, and thereby being used for total amount of borrowing we are This double-counting, frankly, is a two purposes. You cannot do that. doing. bogus issue. It kind of sounds good on But I think that point is one of the So let’s stop. Let’s end this program its face, but it is meant to confuse peo- reasons that most persons become so today and not allow this $320 billion to ple. cynical about Washington, DC. They be spent and further stipulate that But even subsequent to that state- get very frustrated with what they see anything here in the blue, the $545 bil- ment about the double-counting, even as all of this Washington, DC, talk and lion that is currently spent or com- subsequent to that, is it not true that accounting gimmicks and budgetary mitted, if paid back, would go to re- CBO came out with a subsequent letter techniques that are used to disguise duce the Federal debt rather than be that said still the budget deficit is re- this amount of spending, which has led recycled and respent and reused again. duced by $132 billion in the first 10 us to where we are having to raise the It is a very straightforward, very years and $650 billion to $1.3 trillion in debt limit by $1.9 trillion. simple amendment, but I think it is the next 10 years? Face it. That is the reality we are very important in terms of the message Mr. THUNE. The CBO came out and going to face today. We are going to that it sends to the American people said that the budget deficit would be have a vote, if not this week then next about whether we are serious about reduced by $132 billion over the first 10 week, on this legislation which would what this TARP was created for in the years. But the point I made earlier is increase the amount of the debt limit first place, its specific statutory pur- that included, of course, a lot of gim- in this country by $1.9 trillion. pose, and whether we are going to devi- micks that were used, including taxes My amendment to this legislation, as ate from that and use it for all other began immediately, spending that does I said before, is fairly straightforward. types of spending and ideas that people not occur until 4 years later, counting It would end TARP, the Troubled Asset in Washington, DC, might come up revenue from—for example, not taking Relief Program, which was created to- with. care of the physician fee increase, ward the end of 2008 that was designed So I hope my colleagues today will which we know is a $250 billion to $350 specifically to bring financial stability support this amendment. I happen to billion cost which at some point the to the country at a time when we were believe the TARP has served its pur- government is going to have to deal worried about imminent financial col- pose. The Treasury had an opportunity with, as well as creating a new entitle- lapse. There was a concern at the time to extend it at the end of last year, the ment program called the CLASS Act, that there was great systemic risk to end of December of last year. They under which the CBO assumed about our financial system. chose not to let it expire. They chose $72 billion of savings in the first 10 As a consequence of that, action was to extend it. So now this program runs years, which they also said would gen- taken, authority was given to the until October of this year. My fear is erate deficits in the outyears. Treasury to acquire the distressed non- that this amount of money, this $320 So the Senator from Montana may be performing assets on the balance billion, is going to get spent, but it is correct legally under the conventions sheets of many of our banks. What has not going to get spent for the purpose that are used in trust funds under a happened since that time, it has it was intended to be spent for under unified budget, but as a practical mat- morphed into something entirely dif- the TARP authority but, rather, for all ter, and this is what I think the Amer- ferent. It has been used now to take eq- kinds of other things that people, poli- ican people understand and what as an uity positions, to take ownership ticians in Washington, might come up economic matter I understand, you stakes in more and more companies in with. cannot use the same revenue twice. this country, whether they are finan- Also, this blue amount here, those And if you have revenues coming in cial service companies, insurance com- funds that are already committed, are

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I being paid back, but assuming it is, with, and that, secondly, we might be want to remind my colleagues what the that money not be recycled or respent committing as much of American tax- administration has suggested, and I be- but it be used to retire the Federal payer money to stabilize our financial lieve all of us have embraced, is that debt. That would reduce the total institutions. small businesses and our community amount by which we would have to I happen to believe, and I think his- banks in this country are struggling. I raise the debt limit. tory is proving to be so, that we made do not recall a day over the last num- We are serious about getting this the right choice that evening; that ber of months when I have not heard a debt under control. We are serious even though it was a painful vote, had speech on the Senate floor of this about getting spending under control. we not stabilized those financial insti- Chamber where a Member has not got- This is a very straightforward way to tutions, I firmly believe we would be ten up and talked about what is hap- do that. So we are going to have this looking at a far more catastrophic set pening in the absence of credit flowing vote, hopefully, later today, sometime of economic problems both here and to smaller businesses in their States, this afternoon. We can save the Amer- around the globe had we not acted. or that community banks in their ican taxpayers $320 billion by not So while those resources have gone States are failing because the economy spending this amount of money here. to large financial institutions and to has not reached them, the improving We can, hopefully, as these are paid major organizations because that is economy. back, save a whole lot more for the what was needed to be done, there is an What the administration has sug- American taxpayers. understandable degree of anger and gested, and I strongly support, as I be- I would urge my colleagues in the frustration being expressed by our fel- lieve most of us do, is that we need to Senate to support this amendment and low citizenry because people on Main get assistance and support to these to restore some sense of fiscal dis- Street, average citizens, have suffered smaller businesses and to these com- cipline to the way we do business in terribly during this process. munity banks in order that they can There was a point not many months Washington. survive and get on their feet, and cred- I yield the floor. ago where 20,000 jobs a day were being it will flow where it is not flowing The PRESIDING OFFICER. The Sen- lost in our Nation; 14,000 people a day today. ator from Connecticut is recognized. were losing their health care; 10,000 The administration has sent a letter Mr. DODD. Mr. President, I thank people a day were losing their homes in committing to limit the use of these the Presiding Officer. I have two sub- the United States to foreclosure. So dollars to mitigating foreclosures, ject matters I wish to address. One is the American people have suffered ter- which is still serious; support for small the amendment of my friend and col- ribly as a result of this economic crisis. banks so they can lend to their com- But we needed to take those steps. As league from South Dakota, Senator munities; facilitate small business a result, today, while the news is still THUNE, that he has just addressed in lending; and address the deepening cri- far from good, in most corners of this his remarks, and a second set of re- sis in the commercial mortgage banks. country we are stabilizing an economic marks regarding Haiti that I also want Those are the four obligations we are crisis. We avoided a depression which to address. talking about. It is not unlimited. It is we were on the brink of falling into had I chair the subcommittee of the For- not all for ideas that may be floating we not taken that action. So I want to eign Relations Committee dealing with around here that have little or no commend my colleague from South Da- the Western Hemisphere and, obvi- merit. It is specifically the areas in kota for recognizing the value of that ously, includes the nation of Haiti, as decision. which we all know we need to provide well as served as a Peace Corps volun- Now he points out with a chart—it is help. teer some 40 years ago on the island of not up here any longer—the fact that We can do this one of two ways. We Hispaniola on the border between Haiti there is about $320 billion which re- can do it by appropriating additional and the Dominican Republic. So aside mains unexpended as a result of that money, which goes right to the heart of from the interest we all have in what decision. The good news is that we the argument of my colleague and has happened to the thousands of Hai- crafted that bill that required two sep- friend from South Dakota. We cannot tians as a result of this catastrophic arate votes—an initial one for the $350 afford to do that. Again, the deficits earthquake that has occurred, I have billion, and then around January of are growing larger by the hour, and to many friends in that country, some of this year—or last year, excuse me—the appropriate additional money at a time whom I have not heard from in the last additional $350 billion would be appro- like this would be very difficult if not week or so, who are lost at this point. priated and spent. As a result of the unwise in many cases. Or we can take I want to address some thoughts on good news we have avoided having to resources we have already appropriated that subject matter as well. expend all of those resources. As a re- that are not being spent, that could be But I want to, first of all, if I can, ad- sult, there is actually money coming used exactly for the purposes that are dress the subject matter of the Thune back in. needed for our economy to get moving amendment which will be voted on, I We have now recouped about $165 bil- again. In a sense it is a catch-22. Our gather, at some point either today or lion of the original money that was economy is only going to improve if tomorrow, whenever that is going to be spent, including over $13 billion in fees small business starts hiring again, dealt with here. and interest payments that were community banks start flowing credit Let me begin by, first of all, thank- earned back by the Federal Govern- again, and we minimize the foreclosure ing my colleague from South Dakota. I ment as a result of those decisions. We problem. applaud him for saying that while it all hope the full amount will be recov- How do you do it? It doesn’t happen was a controversial debate a year ago ered. There will be an opportunity in magically. It happens because we make last fall on whether to have an emer- the coming days for all of us to vote on intelligent decisions. A year and a half gency economic stabilization program, whether we ought to ask those large fi- ago, when we voted for the economic I remember the night that we all gath- nancial institutions, which were the stabilization bill, the problem in front ered here and sat at our desks in this beneficiary of taxpayer assistance, of us was the stabilization of financial Chamber and voted 75 to 24 on whether whether they are going to vote for a fee institutions. So the resources were to commit as much as potentially $700 or a tax, if you will, over a limited going to be limited for that purpose. billion in order to stabilize our finan- number of years on those recipients of We thought we might need $700 billion. cial institutions and move forward. billions of dollars of American tax- The good news is, we haven’t needed It was a courageous vote that a num- payer money, to pay that back through that amount and a substantial amount ber of our colleagues took that day, fees and taxes. of the money is coming back in. There many of whom were up for reelection I hope my colleagues will be sup- remains this pool of $320 billion in that within a matter of days after that vote, portive of the initiative offered by fund. Wouldn’t it make sense if, in fact,

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This is not a Port-au-Prince. Several more Ameri- We can do it one way or the other, new amendment. It has been offered in cans have been killed and many more but we can’t do it by just talking about the past. It has been rejected by col- remain unaccounted for a week later. it. I beseech my colleagues at this leagues for many of the same reasons I The United Nations, no stranger to juncture not to vote in favor of this have tried to articulate this afternoon. dangerous and difficult missions, has amendment which would deprive us of The arguments haven’t changed. What suffered its single greatest loss of life resources in order to do the things that has is the dedication of these resources in the history of the United Nations. all of us agree need to be done. I know exactly to the areas that so many of us Over 100 United Nations staffers and my friends, most of them here, are not have talked about over the last number peacekeepers remain unaccounted for. going to be voting for a program that of months. I urge rejection of that The special representative for Haiti, requires additional appropriations for amendment. Hedi Annibi, also lost his life. the very argument the author of the HAITI On behalf of my colleagues in the amendment has made. We can’t afford Mr. President, I wish to speak to the Senate, I extend our heartfelt condo- to do it. If we are not going to do subject matter of Haiti and the events lences to the friends and the families of that—and yet we are simultaneously of the last week that have occurred in those who lost their lives in Haiti. saying we need to do these things in that country. My interest in the sub- They should know they are in our order to get us out of this hole, where ject matter is not any different than thoughts and prayers every single average businesses and workers on that of every single person who has minute of every day. Main Street in the country can be the watched with horror the photographs This earthquake has been called a beneficiary of some of this help to get and pictures, the stories of the tragedy disaster of epic proportions. When such our economy moving—where does it that has afflicted that poor, desperate a disaster strikes one of our neighbors, come from? Where are the resources country that occupies one-third of the a country so close to many of us, our going to come from? Why not take island of Hispaniola. I bring an added Nation responds, as have others. I ap- some of these resources and dedicate personal attention to it because I have plaud President Obama, Secretary them to exactly the purposes that have many friends, many of them I have Clinton, and Administrator Shah for been identified by the administration known for 40 years, in the island nation their immediate, robust, and coordi- and recommended by Members of this of Haiti. I have been there on numerous nated efforts, which has truly been a body, both Republicans and Demo- occasions over the years, in addition to whole-of-government response, uti- crats? my first introduction to Haiti at 22 lizing resources, skills, expertise of our If you support the Thune amend- years of age as a Peace Corps volun- State Department, USAID, and the De- ment, you deprive us of that oppor- teer, when I was sent to a small village fense Department. Secretary Gates de- tunity. That is it. The only alternative on the border of Haiti and the Domini- serves great commendation. Our forces left, then, is to go through an appro- can Republic, in 1966, some 40 years in uniform that poured into the area on priations process, which we are being ago. My interest and my friendships go a moment’s notice to help out, as they told by our friends over here they will back a long time. I am deeply con- always do, deserve particular recogni- not support. Again, what happens is a cerned and worried about what is oc- tion in this effort. We have deployed lot of rhetoric, a lot of talk. After all curring there and what steps we might thousands of troops to Haiti who are the help that has gone to the major take as a nation, in conjunction with supporting operations at the Port-au- Wall Street institutions, at the very others, to provide some help to a peo- Prince airport, working to provide hour we ought to be trying to help ple who are in desperate need. logistical support, open the port. The Main Street institutions, these smaller I rise to discuss the tragic situation, United States has sent an aircraft car- banks, smaller businesses, we will not the humanitarian disaster that has oc- rier with numerous helicopters to de- have the resources to do it. I urge my curred in the wake of last week’s liver aid to otherwise hard-to-reach colleagues to think long and hard earthquake, and the U.S.-led response places in and around Port-au-Prince, a about this. While this program has to this crisis. Last Tuesday, as we all hospital ship to provide lifesaving med- been terribly unpopular for all the rea- know, as the world knows, one of the ical care, and urban search and rescue sons we have heard from others, at this largest earthquakes recorded in the teams and doctors to help rescue those critical moment, at a time when we area hit about 15 miles from the capital trapped and treat those who are in- could make such a difference, when city of Port-au-Prince in Haiti. This jured. falling back into a recession again massive earthquake brought imme- In addition to manpower, the United could happen very easily, a deeper re- diate destruction to Port-au-Prince States has pledged money and supplies, cession, at this very hour to deprive and surrounding areas and commu- including water, ready-to-eat meals, the administration, the Congress, the nities, instantly crumbling houses and and medicine to help those in need. people who care so much about commu- buildings, destroying roads, seaports, This response has demonstrated the nity banks and small businesses, I cutting power and water lines through- generosity and spirit of the American think would be a huge mistake. out the country. people, especially when it comes to I urge colleagues to reject the Thune Most tragically, the earthquake has helping others who are in desperate amendment. Again, the commitments killed tens of thousands of Haitians need, as clearly Haiti is. The American have been made. These resources go to who, at the time the quake struck, people have also responded, as we al- one of four areas, primarily to commu- were simply going about their daily ways do. It is a source of great pride to nity banks to get credit flowing and to lives—desperate lives, I might add, but all of us to watch our fellow citizens, small business but also to mitigate daily lives. The Government of Haiti people whose names we will never foreclosures and to address the deep- has indicated they believe 70,000 of know, the donations which they have ening crisis in commercial mortgage their fellow citizens have been killed in given may not sound like much; but for loans which is there. We have a pool of this earthquake. Other officials fear people who have lost a job, lost a home, resources to respond to it. the death toll may be as high or more as I talked about a moment ago, during My hope is, all these dollars will be than 200,000 people as a result of those this economic crisis, to reach deep into paid back with interest, as I think brief moments that caused that nation these almost empty pockets to send there is some evidence as we have seen state to crumble. These heart-wrench- that $1 or $5 or $10 to help out some already may, in fact, occur. But we ing numbers do not even account for family they will never know, some need to continue on this path, if we are those injured who are homeless, the or- child they will never meet in a place

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.052 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S101 they may never go to, may never have two, that number will increase to 2 ings from exports and accounted for known about before is, once again, a million. Private organizations are also one-quarter of the gross domestic prod- demonstration of the spirit and heart doing heroic and valued work, includ- uct of that nation. Haiti has also one of of our fellow citizens in the United ing the Red Cross, Doctors Without the lowest life expectancies in the States. Borders, Save the Children, Partners in world. The average Haitian income is Aid agencies and NGOs have reported Health. less than $1 a day. In terms of income, an outpouring of support as our fellow Let me say, particularly on Partners less than $1 a day. citizens have donated money, clothing, in Health, my great friend, Paul Farm- Clearly, Haiti had a lot of ground to and supplies to hundreds of organiza- er, who spent years in Haiti as he has cover before this earthquake struck, tions that operate in Haiti today. in other nations working with HIV/ and rebuilding Haiti is not going to be These donations are absolutely critical AIDS and other issues, is there, as you easy for anyone. Many have debated at this time. At a time when we can’t might expect, in Haiti. I have spoken why Haiti remains so poor and what seem to decide on a bipartisan basis to him. He has many needs, as you can be done to alleviate poverty, im- what day of the week it is, to watch might imagination. He needs ortho- prove public health outcomes, and help President Bill Clinton and President pedic surgeons, trauma specialists, that nation develop a sustainable and George W. Bush, two people who have skilled nurses, supplies. My hope is, in equitable way forward. This debate is been political opposites, have very dif- these coming days, coming hours, we all the more important and necessary ferent points of view, sitting down to- will be able to get those resources to as we move forward. gether as two former leaders of our Na- him. As the chairman of the Sub- tion to head the effort to provide relief On the ground, the Obama adminis- committee on the Western Hemisphere to Haiti is a demonstration of what we tration and the international commu- and as an American who knows and ought to be doing together here on oc- nity are working as quickly as possible cares about Haiti, having worked with casions that affect our own citizenry. If to distribute aid to those in need and the people of Haiti and its leaders for two former combatants in the Presi- to help clear the jam of supplies arriv- much of my career, I am committed to dential field can sit down and become a ing in Port-au-Prince and Cape Hai- finding the best solutions to these vex- team in responding to a crisis in Haiti, tian, in some cases, in the northern ing problems and to working in close it ought to be a lesson about what we part of the country. It is critical that coordination with the administration, need to be doing when it comes to our aid gets distributed beyond the imme- the United Nations, and our neighbors own crises here at home. diate confines of the airport. Those in the region, including Brazil, Mexico, I commend President Clinton and who survived the quake are now trying and others who are already there help- President George W. Bush for their tre- to survive, once again, without food ing to rebuild Haiti. I might mention, there are 400 physi- mendous work. I commend President and water and medicine and shelter. Bush’s father, who joined with Presi- At the same time, we must work as cians from the island of Cuba who are dent Clinton back when the tsunami quickly as possible to ensure that vio- operating in Haiti today, down there crisis hit Southeast Asia. The Bush lence does not break out as people be- trying to make a difference. Whatever family has always responded at times come desperate to survive, as one thoughts people have about the Gov- such as this. Both father and son de- might expect under these cir- ernment of Cuba, the fact is, there are doctors there now from that nation serve our thanks and commendation cumstances. The people of Haiti are that is only a few miles from the for what they have done. Of course, Bill our neighbors, and it is our duty to northern parts of Haiti who are now Clinton has dedicated his post-Presi- help them weather this storm, as oth- trying to save lives. dency period to a global initiative to ers are doing as well. As we begin to transition from a res- help out every single day in places that I strongly agree with Secretary Clin- cue mission to a medium- and long- ton who, during her trip to Haiti this are not the subject of news stories, as term recovery mission, we must think past Saturday, affirmed to the Haitian Haiti is. He, of course, deserves our ex- creatively and allocate resources to the people that ‘‘we will be here today, to- pression of gratitude as well. most effective and efficient methods The international community has re- morrow, and for the time ahead’’ as for sustainable reconstruction and de- sponded. Over 27 international search- well. velopment. We must find ways to make and-rescue teams, with some 1,500 res- I wish to take a few minutes to de- Haitian agriculture better equipped to cuers from around the world, are al- scribe what I believe needs to happen feed the people of Haiti, and we must ready on the ground in Port-au-Prince at this ‘‘time ahead’’ of us that Sec- work to forgive Haitian debt. and neighboring communities, search- retary Clinton referred to. These are In April of this past year, Haiti was ing through the rubble to find those not all the suggestions. I know many added to the IMF and World Bank’s list who may have survived. I know all of others are coming in, and we need to of what is called the Heavily Indebted us sit in absolute stunned admiration think about how we can intelligently Poor Country Initiative making them for those who have survived 6 and 7 respond to this. We can’t do it all eligible for special assistance with debt days, living in the midst of rubble, to alone. We need help from the inter- relief. This is an auspicious start, and be discovered alive and be extracted by national community, obviously. But one we must build upon. rescue workers. Our only hope in these there are some steps we can take that Public insecurity has long been a sys- waning hours, is that we will find addi- I think would make some difference in temic problem, hampering economic tional people who have somehow mi- all this. In order to do that, we must growth. Therefore, it is critical we raculously have survived this disaster. understand where Haiti was the day be- work with the Haitian authorities in It has been unbelievable. Relief fore the earthquake struck. Despite its that nation and others to build and re- workers, doctors, supplies have arrived location only a few hundred miles from form the institutions to bolster the from China, Israel, Iceland, Brazil, the wealthiest Nation in the history of in Haiti that will be nec- France, more countries than I can enu- mankind, Haiti is one of the poorest essary to lift Haitians out of poverty, merate. The European Union has nations on the face of this Earth. It rebuild the country and attract and pledged over $1⁄2 billion in assistance ranks as the poorest country in the maintain foreign direct investment to already, and I suspect more will be Western Hemisphere, with 80 percent of jump-start that nation’s economy. forthcoming. Despite its own tragic the population living under the poverty Throughout this process, we must losses, the United Nations has come to lines of this hemisphere. not get bogged down by old formulas the rescue of the Haitian people. The While recent years showed some posi- and hardened ways of doing business as United Nations Stabilization Mission tive trends in economic growth, the usual. We must think outside the box, in Haiti has responded heroically to 2008 hurricanes devastated that coun- as the expression goes, marshal the this disaster, organizing supply con- try, causing widespread destruction necessary resources and creativity of voys, conducting search-and-rescue and severely damaging the agriculture our friends in the region, and the Hai- missions, and providing security. On sector, upon which two-thirds of all tian people must devise and be a part Saturday, the World Food Program fed Haitians depend. Remittances to Haiti of a medium- and long-term strategy 40,000 people. Within the next week or represented more than twice the earn- for this effort.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.053 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S102 CONGRESSIONAL RECORD — SENATE January 21, 2010 To that end, Senator LUGAR of Indi- Mr. DURBIN. I announce that the on that committee. They do out- ana, the former chairman of the For- Senator from West Virginia (Mr. BYRD) standing work. eign Relations Committee, and I will and the Senator from North Carolina I think all of us realize that there is be introducing legislation shortly that (Mrs. HAGAN) are necessarily absent. no way we are going to deal with the will help to speed Haiti’s recovery by The PRESIDING OFFICER. Are there long-term issues relating to Social Se- instructing the Secretary of the Treas- any other Senators in the Chamber de- curity and Medicare without doing ury to work with other nations to to- siring to vote? something that causes us to have to tally relieve Haiti of their outstanding The result was announced—yeas 53, take a vote. international debt, including the debt nays 45, as follows: A lot of people criticize the Gregg- incurred through 2011. That ought to be [Rollcall Vote No. 2 Leg.] Conrad amendment, saying that there something every nation agrees to do; in YEAS—53 is a possibility that one of the rec- the absence of which, I do not know Alexander Ensign Murkowski ommendations that may come forth how you can ever talk about economic Barrasso Enzi Nelson (NE) from this commission that would actu- recovery if you are willing to require a Bayh Feingold Nelson (FL) ally make a report and call us to vote country that does not even have a fully Begich Feinstein Pryor after November of this year is that Bennet Graham functioning government today to meet Risch there may be a tax increase that is rec- Bennett Grassley Roberts those obligations. Bond Gregg Sessions ommended in this legislation. The Additionally, our legislation will Brownback Hatch Shelby Gregg-Conrad amendment would get Bunning Hutchison help to spur economic activity, which Snowe Burr Inhofe Republicans and Democrats to agree on Tester is absolutely essential if we are going Chambliss Isakson a way to deal with long-term issues. It Thune to have any kind of recovery process. Coburn Johanns does not commit people to vote for We will do so by promoting trade be- Cochran Kyl Udall (CO) Vitter those recommendations. As a matter of tween the United States and Haiti and Collins LeMieux Corker Lincoln Voinovich fact, there is nothing in this amend- lifting restrictions that would be bar- Cornyn Lugar Webb ment that speaks to tax increases. riers to trade being able to flow be- Crapo McCain Wicker I know on the other side of this issue tween Haiti and the United States, put- DeMint McConnell Wyden we have some more liberal groups, if ting people to work. NAYS—45 you will, that are saying: We do not The Haitian people have endured im- Akaka Gillibrand Menendez want you to deal with entitlements be- measurable suffering in recent days, Baucus Harkin Merkley cause the only way to make entitle- but their spirit is indomitable. On Sun- Bingaman Inouye Mikulski ments whole may mean making some day, countless ordinary Haitians came Boxer Johnson Murray Brown Kaufman Reed reforms, and we do not want any together to observe Mass amid the Burris Kerry Reid changes. bleak ruins of Port-au-Prince. Their Cantwell Kirk Rockefeller We have people on both ends of the faith in each other and their future Cardin Klobuchar Sanders Carper Kohl Schumer spectrum who are saying do not sup- may have been tested, but it is far from Casey Landrieu Shaheen port Gregg-Conrad when everybody in broken. I stand committed—as I am Conrad Lautenberg Specter this body knows we cannot continue as sure our colleagues throughout this Dodd Leahy Stabenow we are today. We all know that. Chamber are as well—to working with Dorgan Levin Udall (NM) Durbin Lieberman Warner The Finance Committee, which I re- them, our fellow citizens here at home, Franken McCaskill Whitehouse spect greatly, just in this last health and the international community, not NOT VOTING—2 care bill—and I am not trying to touch just today but in the weeks and months a subject that may be hard for all of us Byrd Hagan and even years ahead, to ensure that after the last couple of weeks, but the our commitment to helping Haiti re- The PRESIDING OFFICER. On this fact is, the Finance Committee pro- cover is meaningful, sustainable, and vote, the yeas are 53, the nays are 45. posed taking $464 billion in savings rises to the great challenge we face. Under the previous order requiring 60 from Medicare to use to create a new With that, I yield the floor and I sug- votes for the adoption of this amend- entitlement. What that means is the gest the absence of a quorum. ment, the amendment is withdrawn. Finance Committee has no notion The PRESIDING OFFICER (Mr. Mr. DURBIN. Mr. President, I sug- whatsoever of doing things that make FRANKEN). The clerk will call the roll. gest the absence of a quorum. Medicare more solvent over the long The legislative clerk proceeded to The PRESIDING OFFICER. The haul. If we are going to take savings call the roll. clerk will call the roll. such as that, we ought to make Medi- The PRESIDING OFFICER. The Sen- The bill clerk proceeded to call the care more solvent. By the way, we can ator from Montana. roll. Mr. BAUCUS. Mr. President, I ask debate those kinds of issues, but the Mr. CORKER. Mr. President, I ask fact is, the Finance Committee has had unanimous consent that the order for unanimous consent that the order for the quorum call be rescinded. decades to deal with the long-term en- the quorum call be rescinded. titlement issues. I respect their work. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. The fact is, during regular order, it is objection, it is so ordered. very difficult for this body to make the AMENDMENT NO. 3301 The Senator from Tennessee is recog- tough decisions that call us to make Mr. BAUCUS. Mr. President, I ask nized. unanimous consent that the Senate sure we are not pushing huge amounts AMENDMENT NO. 3302 now proceed to a vote in relation to the of debt onto future generations. Mr. CORKER. Mr. President, I rise to I cannot imagine why anybody in Thune amendment No. 3301 and that speak about the Gregg-Conrad amend- this body would oppose setting up a bi- the provisions of the order of December ment that I hope we will vote on later partisan group—they do not have to 22 regarding the vote threshold remain this evening or tomorrow. I know ev- vote for the recommendations—that in effect and no intervening amend- erybody in this body is concerned will spend a year looking at these ment be in order. The PRESIDING OFFICER. Is there greatly about the long-term issues we issues in an intelligent fashion, hope- objection? Without objection, it is so have to deal with as relates to our defi- fully, and then come back and report. ordered. cits. I think everybody in this body has And you can vote yes or not. You may Mr. BAUCUS. Mr. President, I ask for concerns about that. or may not like it. the yeas and nays. I know there has been a lot of discus- I see the Senator from Missouri. Let The PRESIDING OFFICER. Is there a sion, especially by members of the Fi- me say one more thing. The way I un- sufficient second? There appears to be. nance Committee, that we need to deal derstand it is the majority leader The question is on agreeing to the with the long-term deficits in this body would appoint the Democrats and the amendment. through regular order. The fact is, this minority leader is going to appoint the The clerk will call the roll. is the responsibility of the committee. Republicans. That alone ought to give The assistant legislative clerk called I respect members of the Finance Com- people some sense that they are not the roll. mittee. Someday, I would like to serve going to appoint people who are out in

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.054 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S103 left field, if you will, or out in right backtrack a little bit. I remember the I am proud of the fact that the Sen- field as it relates to fiscal issues. They Republican Party announcing that this ator from Missouri is standing up are going to appoint people who want was one of their priorities. Now all of a today supporting this legislation. I to look at this generally along the sudden we are hearing that the leader support it proudly. Again, the winds lines of the philosophy of each of the of the Republican Party is opposed to are blowing on both sides. I know there two parties. it. Think about that for a minute. Be- are liberal groups calling in trying to I cannot understand how any of us fore the shores got rocky for Demo- get folks on the other side not to vote cannot support putting in place a crats politically, this was a great idea. for it. We have conservative groups on mechanism to deal with the long-term Everybody here knows we are not our side calling trying to get people liabilities of this country. Mr. Presi- going to fix this problem in the regular not to vote for it. dent, I know you join me in those con- order. Everybody knows it. It is not Again, all we are putting in place is cerns. You have to. The Senator from going to happen. So we are going to a mechanism to try to solve this prob- Missouri has to join me in those con- talk deficits, we are going to continue lem. People can vote against the rec- cerns. to say deficits matter, and we are not ommendations. At the very least, we I hope we will set aside politics and going to do the things we have to do to would benefit from some deep thought the groups that are calling in and lob- fix it. Until people begin to put aside and a lot of work on data to see where bying against this issue because we politics and think about the policy we sit as it relates to the deficit issues. might have to make a tough decision— that is really involved here and what it One of the things I think the election which, by the way, would benefit fu- means for the future of this country, the other night said to both of us is ture generations—trying to keep us we are in deep trouble. that regardless of the outcome, regard- from doing something that would make I implore my friend from Tennessee less of some of the issues we are fo- sense. Again, if the things they rec- to restore this as one of the priorities cused on, the American people would ommend are not good, vote against of the Republican caucus, to prevail like for us to hit issues head-on. They them. But let’s put some process in upon his leader to not—I hope this is do not want trickery. They do not want place to deal appropriately, to make not the case, but the rumors are float- doubletalk. The American people sure seniors down the road are going to ing around that they have backed off would like for us to address the serious have Medicare, that seniors down the this as a priority because if the Demo- issues of this country as adults and try road are going to have Social Security, crats do this, it is going to make them to come forth with real solutions to ev- and that those young people we talk look good. We have to quit making the eryday problems and long-term prob- about so much and care so much about failure of the other guys our success. lems. are not burdened with huge amounts of This place cannot be about that. By I think this legislation, which, by the debt because we do not have the cour- the way, it happens on both sides. I am way, is bipartisan—and as the Senator age in this body to make the decisions not saying this is just a problem on the from Missouri mentioned, in the past it we need to make to put this country on Republican side of the aisle. But we has had tremendous support. We al- a solid footing. We all know that. We really do have a place where the way most had enough—I am probably exag- see it every day. We do not want to politics are played today makes it very gerating slightly—we almost had make those tough decisions. This gives difficult for us to come together in a enough sponsors in the past to pass it us a mechanism to at least consider bipartisan fashion. in this body. making some difficult decisions and This is a moment in time that this As the Senator mentioned, the polit- putting this country on a strong foot- could happen. I implore my friend from ical winds are changing. Maybe one po- ing. Tennessee—and he is my friend. We litical party has advantage over the Mr. President, I suggest the absence have been here the same amount of other for a day or two. Who knows. In- of a quorum. time. We have watched all of this stead of looking at this for the sub- The PRESIDING OFFICER. Will the sometimes with our eyes bugging out stance that is there and behind it, the Senator withhold his request for a and our jaws slack as to what goes on Senator from Missouri is right, politics quorum call? around here and how things work. This has come into play. I hope, just as the Mr. CORKER. I will. is a time we can come together and do Senator has mentioned, that all of us The PRESIDING OFFICER. The Sen- something that is responsible for this can rise above that over this next week ator from Missouri. country. and support this very commonsense Mrs. MCCASKILL. Mr. President, I I am going to work very hard on my legislation that will at least get the had no intention of speaking today, but colleagues on this side of the aisle. I ball rolling toward dealing with the this place has been a little strange over hope my friend from Tennessee does issues that are going to affect these the last few months in terms of our the same thing on his side of the aisle. young people who are here helping us. ability to come together. I think we will have a vote on this We all know that political leadership When I heard my friend from Ten- amendment sometime in the next week at least for years—I am not talking nessee talking about the Conrad-Gregg or so. It is very important that we just today—for years we have had the amendment, I realized we had a mo- stand up and be counted as people who most selfish generation of political ment of bipartisan agreement. I wanted are more worried about our grand- leadership this country has seen, kick- to stop and recognize that it is not children than the next election. ing the can down the road on serious completely gone. There are Repub- Mr. CORKER. Mr. President, the Sen- issues so that we can give people what licans and Democrats who agree on ator from Missouri and I have worked they want without anybody having to issues. on a number of issues together. I so pay for it except these young people. I could not agree more with my much appreciate her comments. I am proud to stand with the Senator friend from Tennessee. I think this While I certainly cannot speak to from Missouri. I thank her for her com- statutory commission is our best hope what the position may be of leadership ments. at restoring fiscal sanity in this coun- of whatever party on this particular Mr. President, thank you for the try. It is important that we adopt it. I issue, I will tell the Senator that I am courtesy of time. am proud to be a cosponsor of the absolutely a cosponsor and I absolutely Again, I suggest the absence of a amendment. There are a number of us agree that political winds are blowing, quorum, but possibly the Senator from on this side of the aisle who are co- I might add, on both sides of the aisle. North Dakota may wish to speak. sponsors of the amendment. There are The President tried to announce The PRESIDING OFFICER. Will the a number of Republicans who are co- something yesterday that we all know Senator withhold his request for a sponsors. But I am beginning to sense is not as strong as this amendment. It quorum call? that there may be some political game- was an attempt, in fairness, to keep Mr. CORKER. As always, yes. playing that is going to occur here, and this amendment from gaining support The PRESIDING OFFICER. The Sen- it worries me. because this is, as you mentioned, stat- ator from North Dakota. The leader, with all due respect—in a utory. So it happens on both sides of Mr. DORGAN. Mr. President, I sup- bipartisan moment, I am going to the aisle. port the Conrad-Gregg fiscal action

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.058 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S104 CONGRESSIONAL RECORD — SENATE January 21, 2010 task force amendment. I am going to level of government that exceeds the Let’s do some things that give people vote for it, and I do so not because I amount of money we have, exceeds the some confidence in the future. Let’s think it is the best solution. The best American people’s willingness or abil- give them confidence that finally, at solution would be for us, year to year, ity to pay for it, and that is not sus- last—at long last—we are going to grab to reconcile that which we spend and tainable in the long term for this coun- these issues, look them square in the the amount of money we have to spend. try. eye, and say: We will fix them. Why? But we don’t do that, and we are now So the question is, What do we do? Because our kids and grandkids deserve in a position where we have an Some say, Well, you can never increase that, and this country deserves that unsustainable fiscal policy. It just is. any taxes. I say: Why not, if you have leadership. I know people on that side want to people who aren’t paying their fair Mr. President, I yield the floor. blame this administration; people on share? How about increasing taxes on The PRESIDING OFFICER. The Sen- this side want to blame the last 8 them? Some of the biggest folks in the ator from Maine is recognized. years. Whatever the blame might be, country, who are running hedge funds, Ms. COLLINS. Mr. President, I ask let me say that we are on an are paying the lowest tax rates in unanimous consent to speak as in unsustainable course, and it is re- America. How would you like to make morning business for up to 12 minutes. quired, in my judgment, by Repub- $3 billion a year? The PRESIDING OFFICER. Without licans and Democrats, to come to- By the way, when somebody comes objection, it is so ordered. gether to find a way to address it. This home and says: Honey, how are you (The remarks of Ms. COLLINS per- is not the best way, but it is probably doing? taining to the introduction of S. 2943 the only way we are ever going to get That person says: Well, I’m doing are located in today’s RECORD under some control. pretty well—$3 billion a year. That is ‘‘Statements on Introduced Bills and I have heard so many people come to almost $250 million a month salary. Joint Resolutions.’’) the floor of the Senate to say this ad- Doing pretty well. By the way, I don’t Ms. COLLINS. Mr. President, I sug- ministration is a socialist administra- know whether you know it, sweetheart, gest the absence of a quorum. tion; it is going to spend this country but I get to pay the lowest taxes in the The PRESIDING OFFICER. The into the ground. I have heard all of country. I get to pay, on carried inter- clerk will call the roll. that. It is easy for me to stand here est, a tax rate of 15 percent. The bill clerk proceeded to call the and go all the way back to a time when So if somebody says: What is the so- roll. I stood on this floor—a time when we lution to this? Cutting spending? Yes, I Mr. BROWNBACK. Madam President, had the only budget surplus in several think so, in areas where we are spend- I ask unanimous consent that the order decades—and say in response to a ing money we shouldn’t—such as beam- for the quorum call be rescinded. President’s proposal to spend it before ing television signals into the country The PRESIDING OFFICER (Mrs. it even existed, and all we had was 10 of Cuba. We have spent $1⁄4 billion send- SHAHEEN.) Without objection, it is so years of projections, why not be con- ing television signals to the Cuban peo- ordered. servative? These surpluses only exist ple in TV Marti. Yes, we have spent Mr. BROWNBACK. I rise to speak on this year, not for the next 10 years. that, and there are television signals the budget deficit and a mechanism Let’s be a little conservative. And the beamed from 3 a.m. to 7 a.m. and this body has embraced in two prior blowback was: Katey, bar the door. blocked by the Cuban Government so budget agreements that I think it is Let’s do big tax cuts. Let’s do all these nobody can see them. So we have spent time to put in place now. It is called things. Then immediately—and I didn’t $1⁄4 billion sending television signals no the CARFA mechanism, the Committee vote for it—but immediately we ran one can see. I guess some people here on Accountability and Review of Fed- into a recession, then we ran into a ter- feel better about that. I have been try- eral Agencies. It is a BRAC process on rorist attack, then a war in Afghani- ing to shut that down for 10 years and spending. We passed it in the budget stan, and a war in Iraq—which, by the can’t even shut down that kind of in- resolution twice, with votes on both way, we never paid a penny for. We just sanity. sides of the aisle for it. What it does is sent men and women to go to war and So cutting spending, yes. How about it basically says: OK, we have to look said: We won’t pay for it except with asking those who aren’t paying their at all of the Federal Government. emergency supplementals every year. fair share of taxes? Yes. Let’s do all of Places that aren’t working, we need to So there is plenty of blame to go that. Perhaps we are requiring that be eliminate, and the rest, then, we can around. This current President, Presi- done if we set up this mechanism. Per- use to pay down our debt and deficit. If dent Obama, has been in office just 1 haps that is what will happen. I wish there were ever a time to do this, this year. There are things with which I dis- we didn’t have to do this, but with the is the time. I have argued for a decade agree with this administration, for choice of yes or no, which is a very that we need to do this, and I put this sure. But, look, he inherited the big- simple choice on should we do some- bill forward for a decade. This is my gest mess in the history of a Presi- thing or should we just continue down last year in the Senate, and I hope we dency, in my judgment. So let’s try to this bumpy road that leads to a des- can get it done this year. It has re- figure out how we can get the best of tination none of us wants and none of ceived bipartisan votes, as I mentioned, what both parties have to offer in this our children will like, my answer is two times before in the budget. country rather than the worst of each. let’s vote yes on this amendment. Let’s It is a simple mechanism. What it I have often quoted Ogden Nash’s decide to do something that maybe can does, it is an eight-member commis- four lines that I think captures this put this country back on track, help us sion, four appointed by each side of the the best when he was talking about a restart this economic engine and give House and the Senate. It has to pass guy who drinks too much and a woman the American people confidence again. by—six of the members, of the eight who scolds. I used to teach a little economics in have to vote to put forward the rec- He drinks because she scolds, he thinks. college, and I used to teach that it ommendations of the commission. It She scolds because he drinks, she thinks. didn’t matter what the supply and de- takes a fourth of the Federal Govern- Neither will admit what’s true. He’s a drunk mand curve and all those issues dealt ment each year and it recommends and she’s a shrew. with, with the graphs. What really spending cuts in that fourth. That is So it is perhaps with the political matters is do people have confidence then referred to the appropriate com- parties. Neither will admit what is about the future—about themselves, mittees, and then within 30 days after really true. Both have some responsi- their family, and their future. If they the commission reports out, it is sub- bility, and both have a responsibility do, they do the things that expand the ject to a privileged motion, that the to lead. We are not leading year to year economy. They take a trip, buy a suit actual recommendation of the commis- in the normal budget process and in of clothes, buy a car, buy a home. That sion must be voted on by Congress. It the normal appropriations process to is what expands the economy. If they then has a limited timeframe for de- reconcile the amount of money we have are not confident, they do exactly the bate without amendment, and you get and the needs that exist. We are not opposite, and they contract this econ- a vote up or down—very similar to the reconciling that. We are offering a omy. BRAC process that we have followed

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.060 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S105 for many years on base closing and re- Department which gets a 79.47 grade structure go at spending first, and that alignment. average. We have the Education De- is the first place you would look, and I might remind my colleagues, that partment at 49.91. We have the Labor you would certainly look there before BRAC process, while creating con- Department at 58.14, of an average you would look toward any tax in- sternation across the country, has now grade score of the programs reviewed creases. I think this is something saved us $60 billion. We have had sev- within that agency, within Labor, 35, whose time has come and this is some- eral places in Kansas that have been within Education, 93. thing this body really should support. closed in that BRAC process, but we My point in saying that is that my I would also point out that the route have also had consolidation of troops guess is that within the 35 programs, we are going right now, with massive and operations at, say, Fort Riley that we can find quite a few there that actu- increases in spending and sharp drops have gained by that, and we have an ally should be eliminated, that are not in revenues—you talk about bending economy and we have a better aligned hitting the target, that are not getting cost curves down, let’s bend this cost military. the job done. curve down on spending by the Federal This is the same process. It is only on This is the process we went through Government. That is what CARFA can spending, it isn’t on taxes, and it is ap- with military bases. For instance, in do in a bipartisan, fair process, not just plied now to the full breadth of the my State, we had a munitions plant one side or the other saying, cut here, government, discretionary and manda- that was closed down near Parsons, KS, cut there. It is looking at all of the tory spending. So it is everything in- and we had a munitions plant near the Federal Government, and it is then cluded within a BRAC process. It is a Kansas City area that was closed. putting it in a process where we make supermajority within the commission These plants were providing services. recommendations—the commission itself. Six of eight members must sign They were doing legitimate functions makes recommendations on spending on to it, so you cannot get it just for the military. But the military said: first. Address spending first. That is gamed one way or the other. It is a We can consolidate this in one place clearly what our constituents want us simple majority once it gets to the and save money and close these plants to do. They want us to look at spend- body; it is under the privileged motion. down, and then we will turn the land ing. That is not a partisan statement, It isn’t a 60-vote point of order, it is a back over to private and public enti- that is what the public wants us to do, 50-plus-1 vote to be able to get it on ties. That is what is taking place. We and to get at the wasteful pieces of it through this body, and a majority in have done that across the country, cre- first. the House. ating a more efficient military instal- So I would urge my colleagues, in This is a tried-and-true practice. It lation process. It had a negative im- this bill—I hope we are going to be able doesn’t include tax increases, and my pact on a couple of my communities, to get this up as a piece of it, an other colleagues are putting forward a but now we are kind of dealing with amendment, the CARFA bill that has commission process as well that does those issues and working hard on them. been voted on previously, and that we include tax increases which a number But we have a better structured mili- will have a chance for people to say: of people have a great deal of difficulty tary. What if we did that in the rest of Yes, let’s go at spending, let’s go at with and certainly people across the the Federal Government? And we clear- spending. country have difficulty with. This is ly should do that at this point in time. I yield the floor. not the time nor the economy for us to We are looking at a Federal deficit, a The PRESIDING OFFICER. The Sen- be talking about tax increases. We government-run Federal deficit of ator from Montana. have been pounding away at that for a $1.472 trillion—116 percent greater than f long period of time, but clearly people the 12-month period ending December are saying: No new tax increases. I 31, 2008. ACCELERATING THE INCOME TAX think they certainly would say that I have asked my colleagues to con- BENEFITS FOR CHARITABLE prior to us going through our own sider this amendment in the Federal CASH CONTRIBUTIONS FOR THE spending. There is nothing that pre- debt limit ceiling, for us to go back to RELIEF OF VICTIMS OF THE vents this body from passing a tax in- this process that has already passed EARTHQUAKE IN HAITI crease. We can pass it at any point in this body in budget votes before, but Mr. BAUCUS. Madam President, I time. But I think, to have any validity, we have never been able to get a vote ask unanimous consent that the Sen- you would have to go through the Fed- that would take it all the way through ate proceed to the immediate consider- eral spending first and say: Let’s cut the system. So my colleagues are very ation of H.R. 4462, an act to accelerate the spending before we even look at the familiar with this process. It has the income tax benefits for charitable tax increase side of this equation. That worked. Let me repeat that. It has cash contributions for the relief of vic- is what this does. This looks at the worked before for us. It will work tims of the earthquake in Haiti, re- spending piece of the equation, not at again. We are not building from ceived from the House and at the desk. the tax piece of the equation. We owe scratch. We already have some score- The PRESIDING OFFICER. Without that to the American public. If there is cards. And we have to start taking care objection, it is so ordered. going to be any credibility of saying we of this. This is the legacy we are leav- The clerk will report the bill by title. need to raise taxes, which I don’t think ing our grandkids—deficits that are The legislative clerk read as follows: we need to, but if there were to be any running in huge quantities. A bill (H.R. 4462) to accelerate the income credibility, you would have to first go The first thing to do in a deficit is— tax benefits for charitable cash contribu- through Federal spending and say: We if you are digging a hole, you have to tions for the relief of victims of the earth- have cleaned out everything we can. stop digging—stop spending, stop quake in Haiti. I, frankly, believe there are a number spending in the wasteful areas. There is Mr. BAUCUS. I ask unanimous con- of Federal agencies that could take a nothing that drives my constituents sent that the bill be read three times, major reduction and that we could end more crazy than wasteful government passed, and the motion to reconsider be up with better government. spending. People look at that, and it is laid upon the table; that any state- I want to point this chart out to you. just mind-boggling to them. This is a ments related to the bill be printed in This is a report card that the Federal legitimate process to get at wasteful the RECORD. Government does on itself on the effec- spending in a process we have approved The PRESIDING OFFICER. Without tiveness of its programs given the de- before, and it is clearly time for us to objection, it is so ordered. sign they were based on in the Con- do it. The bill (H.R. 4462) was ordered to a gress. The OMB does this. They do this With this sea of red ink, anybody in third reading, was read the third time, on an annual basis. They take different this body who has been a Governor has and passed. agencies each year and rate them for looked at these sorts of issues and said: Mr. BAUCUS. Madam President, I am total effectiveness of that program. OK, first, where can we cut our spend- glad we passed the bill here now—it al- And you can see we have a couple of ing? And you would look at that. This ready passed the House—to help all of agencies here. We have a 100-point does that process. The CARFA project those Americans who find the tragedy scorecard. The best one is the State and the CARFA bill and the CARFA in Haiti so wrenching and want to help.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.062 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S106 CONGRESSIONAL RECORD — SENATE January 21, 2010 Americans are trying to help in lots of agree with the approach they take in the country belongs to the U.S. Gov- ways. Some are taking orphans into their commission. I do it for basically ernment and, therefore, if we reduce their homes. three reasons. taxes somewhere, we have to make up I have worked, as an example, in the First, I have never found either the that reduction in tax revenues some- last several days with many churches House or the Senate in a position where else, either by raising taxes and organizations, including especially where they were anxious to cut spend- somewhere else or cutting spending. Of the Catholic Relief Society, to just ing and thereby save taxpayer money. I course, we never cut spending. So the help in any way we possibly can. But have, on the other hand, seen an effort idea is you have to raise taxes some- there are other Americans who just to raise taxes every time we seem to where. If I want to give the American want to help with financial contribu- get into a deficit situation. It seems it people a tax break by reducing their tions. So this bill enables many peo- is always easier to gather in more tax- taxes, I should have the right to do ple—in my home State of Montana, payer money than it is to stop spend- that. Congress should be making the many people have contacted me to say: ing money they have already sent us. rules. We should have the right to say: MAX, what can we do to help? And this The problem with that is, it is no We are going to reduce your tax bur- is essentially an effort to help people longer money they have sent us, it is den. But under existing rules, unless who want to help, so they can get a de- money we have borrowed from other you have 60 votes for a permanent duction on their 2009 tax returns if that people such as China, for example. change such as that—and even then it deduction is made between basically That borrowing has costs, foreign pol- is difficult because of our scoring the date of the earthquake, January 11, icy costs as well as interest costs. We rules—any revenue that is lost because and March 1. So any contributions eventually have to pay it back. Be- of an action we take in reducing taxes made during this period will be tax-de- cause we have borrowed so much, the has to be made up somewhere else in ductible on 2009 income tax returns. Chinese are saying we better be careful some other way. It has to be offset. I am happy to work on a bipartisan about how much we have borrowed, and What that generally means is, since basis with Senator GRASSLEY, my they will have to increase interest we don’t find ways to cut spending counterpart on the Finance Com- rates. There is a point at which you around here very often, you raise taxes mittee, and he and I worked to get this cannot be a great nation by being in over here to make up for the tax rev- put together, as well as the two Sen- debt to all the folks around the world. enue lost over here. If I want to reduce ators from Florida—both political par- It is not as if we haven’t collected the capital gains tax by 5 percent, for ties. They very much care about this, enough taxes. We are now at something example, or to give a real-life example, and I know all Senators do. But I give akin to 23 or 24 percent of our gross do- I want to reduce the estate tax—and particular thanks to those Senators mestic product on Federal spending. It Senator LINCOLN and I want to do who have been very helpful to get this used to be 18.5 percent or so. It is clear, that—I can’t do that without ‘‘paying put together and get it passed without therefore, it is not tax revenues that for it.’’ We just want to reduce the es- any rancor. are the problem. It is spending that has tate tax so that people when they die, I yield the floor, and I suggest the ab- gotten out of control. We know that their heirs will not have to pay as sence of a quorum. from all these statistics a lot of us much estate tax. No, you can’t do it. The PRESIDING OFFICER. The have been talking about relative to the You have to make up the revenue that clerk will call the roll. budget last year and the debt ceiling you would lose. It is one of the reasons The legislative clerk proceeded to that needs to be raised presumably why we don’t cut taxes around here call the roll. next week. We wouldn’t have to raise very much. Because it is hard to find f the debt ceiling by almost $2 trillion if offsetting revenue that is acceptable to we had been more restrained in our people. INCREASING THE STATUTORY To carry this a little further, Senator LIMIT ON THE PUBLIC DEBT— spending. To put it in perspective, before I LINCOLN and I would simply like to re- Continued move on to the next point, the Presi- peal the estate tax. That is not going Mr. KYL. Madam President, I ask dent’s budget last year called for more to happen. So we have agreed to a com- unanimous consent that the order for debt in the 5-year period of that budget promise in which we would have a $5 the quorum call be rescinded. than all the debt that had been accu- million unified credit; that is to say, The PRESIDING OFFICER. Without mulated by every President of the that is the amount that is exempt from objection, it is so ordered. United States from George Washington the tax and that is per spouse in a fam- AMENDMENT NO. 3302 through George Bush. Think about ily. It would be indexed for inflation Mr. KYL. Madam President, I wish to that for a moment. In 220 years of his- and then anything that remains above talk a little bit this afternoon about tory, take all the debt, including World that in the estate would be taxed at the amendment which Senators War I, World War II, the Civil War, pile the rate of 35 percent. That costs a cer- CONRAD and GREGG have proposed and it all up, and this one budget included tain amount of money, according to which we will be voting on next week. more debt than that. We double the the budget scorers. I am not sure how Both of these Senators are very well debt in 5 years, triple it in 10 years. much. Let’s say $80 billion. We have to versed, as the chairman and ranking That is not responsible. And it is not figure out a way to pay for that. So the member of the Budget Committee, in for a lack of Federal revenues. It is not question is, Is there some other place fiscal policy and in the types of re- because we are not taxing the Amer- where we can raise revenue? Ordi- forms everyone is looking for to get a ican people enough. It is because we narily, raising revenue means raising handle on the deficit and the debt this are spending too much. The American taxes. We don’t want to do that. So we country is facing. So it is with some people believe that. They understand are relegated to the kind of political trepidation that I oppose an amend- it. I think it is one of the messages games, such as maybe phasing it in ment the two of them would offer. from the Massachusetts election. over time, because it doesn’t cost as I hasten to say that both are re- When you have a commission that much if you bring the rates down over spected Members of this body who ap- can make recommendations to the time, where you gradually increase the proach problems with principle in Congress that we have to, in effect, unified credit over time. That is how mind, and in this particular case, hav- abide by, that permit either an in- we got to the crazy situation we are at ing talked to Senator GREGG, I know crease in taxes or a reduction in spend- today, where we had the rate go down the idea that only by working across ing to solve the problem, it is pretty over a period of 9 years and then this the aisle with each other and compro- clear to me which direction we will end year it went to zero. But next year it mising can we hope to deal with the up going. We don’t have the courage to goes right back up to 55 percent. So the most vexing problem that seems to reduce spending so we increase taxes. rules we have around here create crazy face this body; that is, how to deal Second, our rules are premised on a policy. Yet we are stuck with it. with the problem of deficit and debt. fallacy. Unfortunately, I believe it will I am afraid a commission that has Having acknowledged their good will, drive the commission because of this the ability to both make tax revenue however, I have to respectfully dis- fallacy. The fallacy is, all the money in increase recommendations as well as

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.063 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S107 spending reductions will not only focus There are groups, such as the Na- is not true with all taxes, but it is true a lot on the taxing side, because it is tional Taxpayers Union, for example, with some taxes. I mentioned capital very hard for Congress to reduce spend- that keep track of how much money we gains. ing, but also will be bound by the same spend around here. They rate Senators If you have a high capital gains rate rules so we will never get tax cuts any- based on how much they spend. today and businesses are told the rate more. Because every time you want to Citizens Against Government Waste is going to go down next year, do you decrease a particular tax over here, is another one. But they are pretty think you are going to see a lot of as- you will have to raise taxes over here. general, and they are not specific such sets sold this year? You will have hard- I think we should start from the as a lot of the special interests. What ly any economic activity unless it is premise that the money in the country you end up with is a big push to spend absolutely necessary. But on January 1 belongs to the people. It is their prop- money and not much of a push to save of next year, when the rate goes down, erty. The government should not take it. you will see all kinds of activity be- it unless it needs to and unless the peo- When colleagues of mine, such as my cause the rate at which that activity is ple acquiesce through their representa- friend or my colleague taxed is reduced. By the same token, if tives. If Congress decides it wants to from Arizona, JOHN MCCAIN, come to you have a rate that is low today and take less money from the people, for the floor and criticize earmarks in you say it is going to go up tomorrow, example, so they will have more money bills, spending they don’t think is nec- you will see a lot of activity today but to invest in small businesses to create essary, they are criticized. Why don’t not much tomorrow. That economic ac- jobs and put America back to work you play the game? Why are you cre- tivity is what produces revenue, which again, we ought to be able to do that ating such a stir? Senator COBURN has is what the government taxes. As I without saying: We are going to give an amendment we will be taking up said, ironically or paradoxically, a you a tax break here, but we are going next week that says let’s at least get lower rate generates more revenue to to have to raise your taxes over here rid of a whole group of programs that a the Treasury. by an equivalent amount. If the money commission in the United States has That is what happens when you re- belongs to the people, we wouldn’t have decided are duplicative and not nec- duce the capital gains rate. a rule such as that. I think it is very essary. I have forgotten how many I believe if the President were to an- elitist and very wrong to essentially child nutrition programs we have or nounce tomorrow he is asking Congress start with the proposition that the special education programs or job to pass legislation to send to him that money belongs to Washington so you training programs. Probably many would fix the marginal income tax can never give it back to the people more than can efficiently spend tax- rates, the dividends rate, the capital without recouping it in some other payer money to do the good things gains rate at exactly where they are way. That is the second reason why I they are set up to do. But we never right now, for, let’s say, a period of 5 think this is not a good idea. Third, we should be focusing on seem to get around to putting more ef- years, the certainty that would cre- spending reductions. Everyone talks ficiency into the system. ate—even though some of those rates about not spending as much. Yet we I think it was Ronald Reagan who are too high, in my opinion; let that have increased spending dramatically said the closest thing to immortality go—the certainty that would create be- over the years. One of the reasons why in the United States is a government cause the rates would be known for a is because our constituents want lots program. They are easy to create but period of 5 years—and these, by the of things. If a particular special inter- hard to get rid of. way, would be the so-called Bush tax est asks for some spending, there tends When you make deals that if you will cut rates so they would be much lower to be political support for that. The op- just say we will solve the deficit prob- than they would be if they were al- position to it being spread over all the lem, we will save money over here if lowed to go back up again—if the people, in effect being everyone’s prob- you will raise taxes over here—I men- President were to do that, I think he lem, is no one’s problem. So you have tioned Ronald Reagan; I will mention would see the stock market skyrocket in spending bills here Members who put him again. That was the deal he cut the next day. He would see job creation earmarks in bills or request certain with Tip O’Neill and the Congress at that would be incredible because busi- spending, and there is a constituency the time. We got the tax increases, but nesses would know their taxes are not for that. By the way, when I talk about we didn’t get the savings. One of the going up, that they could afford to hire special interests, I am not necessarily things Ronald Reagan always said he people, and they would do so. talking about bad people. Every family regretted was being so naive as to On the other hand, when you leave in America is represented by some spe- make a deal assuming that if he agreed the tax rates in question or hint they cial interest. You have veterans in the to raise taxes over here, Congress are going to go up or, in fact, ensure family, and you have the veterans would agree to make savings over here. they are going to go up—as they did groups supporting them. Does anybody It is hard to do. Congress very rarely under the health care bill, for exam- think those are bad special interests? If does it. ple—it is no wonder businesses do not you have farmers, they belong to the Another problem is, raising taxes for create jobs. In the health care bill, we Farm Bureau. That is not a bad special the purpose of raising revenue has two actually have a couple payroll tax in- interest, but they may be coming to problems with it. No. 1, we don’t end up creases. All tax increases hurt business Washington asking for something spe- saving money. We just end up spending and hurt their ability to invest more cific. it on new things. No. 2, it affects be- and to hire more people, but a payroll I was visited today by the head of the havior from taxpayers in a negative tax is a direct tax on jobs. It says: The police department and fire department way. If you raise taxes on businesses, more people you hire, the more taxes in my city of Phoenix. Both of them for example, they will not hire as many you are going to pay; the more people are represented by groups in Wash- people. They will not be able to invest you keep on your payroll, the higher ington. They are not bad special inter- as much money in their business. They your tax liability is going to be. ests. There are a lot of special interests will probably not make as much There is one provision that says, if in the country. Because the govern- money. If they don’t make as much one of your employees leaves and gets ment is so big and so powerful, a lot of money, what happens to their tax li- a subsidy for the insurance exchange, what they do consists of persuading ability to the government? It goes you have to pay an 8- to 10-percent Washington it should engage in one down, not up. payroll tax on all the rest of your em- policy or another because that is where On the other hand, frequently—and ployees. That is a job killer. Another all the power is, that is where the this has been demonstrated especially tax raises, by just under 1 percent, the money is, and so they have to hire lob- with taxes that have a direct relation- Medicare payroll tax. That is a job byists to come back here. We listen to ship to revenues such as the capital killer. those special interests. Who pays the gains tax—if you reduce the tax, busi- So there is a relationship between job bill? Our constituents, the taxpayers, ness activity increases, producing more creation and taxes, economic activity who don’t have many representatives revenue for the government to tax, and and, therefore, revenues to the Federal back here. Federal revenues actually go up. This Treasury and tax rates. Tax rates and

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.064 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S108 CONGRESSIONAL RECORD — SENATE January 21, 2010 taxes are not the same thing. You can ment we need some help sometimes, The amendments Senators SESSIONS reduce tax rates and actually collect and, frankly, I support some alter- and MCCASKILL are presenting and, I more taxes. Again, it sounds paradox- natives to what I am talking about. believe, Senator BROWNBACK and some ical, but it is true. Think of this anal- Senator SESSIONS and Senator others will be presenting are going to ogy: When you go to the store just be- MCCASKILL, for example, have an focus on how we can actually save fore Christmas and they slash their amendment which I support because it money in the way I am talking about, prices by 40 percent, they are not doing focuses on spending. It starts with the rather than cutting services, because that to go out of business. They are 2010 budget, which is more than I would that is the wrong way to save money, if still making money. They make more like to start with, but at least it says they are essential services, as the money on the volume that increases spending has to be constrained relative Medicare services are. That is the dis- because a lot more people come into to that budget. tinction between those two items that the store—even though they have re- I think there will be another amend- I think is important to draw. duced the cost of each of the items— ment that relates to spending which fo- So the bottom line: The people who than they would if they increased the cuses on other ways to save money. are proposing this commission idea are cost of the items. I guarantee you, if Senator BROWNBACK, for example, simi- very well motivated and I respect their they raised their prices just before lar to Senator COBURN, has talked position. Reasonable people can differ Christmas, their competitors would be about trying to end duplicate programs about the wisdom of what they are pro- or Departments or agencies or pro- reducing their prices, not so they posing. I would prefer to, first, focus on grams or commissions whose job is fin- would make less money but so they whether we could actually reduce ished and we do not need them any- would get more people in, they would spending with a little help from a com- more, for example. Those are the kinds have more volume, and they would end mission or some other kind of group, of things I think we need to look at, up making more. That is what happens depending upon which of the amend- and we can save big money if we do. ments you want to adopt that actually when you reduce certain tax rates The final point I wish to make is, identifies where we can save the money when you are the Federal Government. some say: Well, isn’t this a little bit You actually increase your revenue. like the health care commission that and force us to act upon that. I would So I am very reluctant to support a would reduce Medicare spending? The rather do that first than to start out commission which I believe will under- answer is, there is a similarity at least with the proposition that we can do it take to reduce our deficit by raising in concept. The idea in the health care through tax increases because that is a tax rates. It is not good for job cre- commission, though, is to reduce sure way to hurt economic recovery, ation. It is not good for the economy. spending primarily by reducing what prevent job creation, take more prop- It is not good for families, of course. we pay doctors and hospitals and other erty and freedom from the American Ironically, I do not even think it is health care providers. That is a tough people and, potentially, in the long good for the Federal Government, but I way to reduce Medicare spending and run, provide for less revenue to the mostly do not think it is because, at still provide the services our senor citi- Federal Government. the end of the day, we always have the zens deserve. A friend of mine always likes to say: courage to talk big about cutting The way it should be done is to find There is a rate. Well, there are two spending, but we do not do it. the so-called waste, fraud, and abuse— rates, he says, at which the govern- I will close with this. The last budget and that is easier said than done. No ment collects exactly no revenue: zero increased the funding for the depart- one denies it is there. But we have had and 100. It is true. If you set a very ments of government dramatically at a decades to get to the problem, and if high tax rate, you are going to get very time when we are in a deep recession. we could, we would be doing it right little of whatever it is you are taxing. Families are having to cut their budg- now. I have no doubt if President If you want economic activity that rep- ets. Yet you go to the Department of Obama knew he could save $100 billion resents economic growth in this coun- Agriculture, and I think it was a 23- by eliminating waste, fraud, and abuse, try and a high standard of living and a percent increase or 26-percent increase, he would have gotten about the job by lot of job creation, you cannot achieve about the same for the Department of now, and he would not be waiting to that by imposing a lot of taxes, even if State and so on. I think the average see what kind of provisions we put in a you were not worried about the deficit. was over 12 percent. Only the Defense health care bill before starting the job. The way to solve that problem is to Department took a hit. The private sector cannot afford to stop spending money rather than try- I think that says something else we waste that much money. Federal bu- ing to take more money from the need to be very careful of. It is one reaucrats, as hard as they work, do not American people. thing for a commission that is not have the responsibility. It is somebody Madam President, I suggest the ab- elected by the people to have the spe- else’s money. It is everybody else’s sence of a quorum. cific goal of reducing the deficit. It is problem. It is not my problem. In the The PRESIDING OFFICER. The quite another to have the perspective private sector, they cannot afford to do clerk will call the roll. of all the matters Members of Congress that. It is one reason the insurance The assistant legislative clerk pro- have to pay attention to in making de- companies get criticized, because they ceeded to call the roll. cisions that offset each other or that have people making sure they do not Mr. SESSIONS. Madam President, I take into account the needs across the pay claims that should not be paid, and ask unanimous consent that the order entire spectrum of government. sometimes they are criticized for that for the quorum call be rescinded. It would be very bad, indeed, if we kind of activity. Their administrative The PRESIDING OFFICER. Without were not able to factor into our deci- costs are a little bit higher than the objection, it is so ordered. sions, for example, the need to increase government’s because of that. They TODAY’S CITIZEN UNITED DECISION Defense spending next year. Because it hire people to make sure they do not Mr. SESSIONS. Madam President, I got hit last year, it is going to have to have a lot of waste, fraud, and abuse. want to share a few thoughts at this be increased. I daresay, I hope and I al- So the amount of waste, fraud, and time about the Supreme Court’s deci- most predict the administration will abuse against the insurance companies sion in Citizens United v. Federal Elec- find a way to increase in its budget is pretty low, and they are able to stay tion Commission, which was announced this year Defense spending because it in business as a result. today. Some comments were made cannot be sustained at the level it is. With the Federal Government, you about the decision in the Judiciary Yet if we were having to cut spending have the sort of ‘‘Did you ever wash a Committee earlier today, and some of across the board, that would be dif- rental car?’’ syndrome, where it is those comments were critical of the de- ficult to do. somebody else’s money, you do not cision. I just want to say that I think That is what we are elected to do as have to be as careful about protecting it is a sound decision, a decision that is Members of the House and the Senate. it, and, as a result, there is a huge consistent with our Constitution and As hard as that job is, we should be amount of money lost in government the first amendment. doing it to adequately represent our programs, such as the Medicare Pro- I know sometimes people are irri- constituents. I understand the argu- gram, for example. tated by seeing ads on television. I

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.066 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S109 know politicians are not happy when not want anyone putting a film like important one. We have had a debate people run ads against them. But this the one at issue in Citizens United out on this issue for a long time. We have is a free country. We are not immune against me, but it is a free country, roared about it in this Senate for many to criticism and people seeking to pro- and I don’t think it is justified to say years, and people have passionately ar- mote their point of view throughout that Americans who come together in gued about the first amendment and our Nation. I think the Supreme some corporate body can no longer whether some of our laws mean an Court’s opinion today deals with the speak. evisceration of it. reality of free speech that simply is not I will just add that the current ad- I used to say in my speeches that I going away. ministration has been a bit insensitive just don’t think it is right to tell an In Citizens United, the Court over- about this matter. We had the inci- American, or even a group of Ameri- ruled two recent precedents that had dents earlier in the year when an insur- cans who come together in corporate themselves undermined and were in- ance company published material to form, that they can’t buy an ad, even consistent with this Nation’s long tra- people they insured that pointed out on the eve of an election, and say that dition of protecting political speech. In criticisms of the health care bill. The is bad for our business, doing so, the Court recognized that po- administration tried to get a federal bad for our State, bad for our Nation, litical speech is protected by the first agency to threaten them with a loss of and ought to be thrown out of office. It amendment regardless of whether the business if they didn’t stop expressing can, perhaps, be a problem sometimes— speaker is an individual or is acting in an opinion. The insurance company if someone took out an ad like I just corporate form. Over the years, there was engaged in a business impacted by described I might think it is a prob- have been some dubious arguments the bill. The people they were commu- lem—but the balancing test we use is the plain language of the first amend- made under the first amendment, such nicating with bought this kind of in- ment, and it says that the right to free as arguments that pornography, and surance coverage. I think they had speech shall not be abridged. That even child pornography, are protected every right as free Americans to send right is important. We incur great dan- under the free speech clause; however, out a notice that said: This is not good ger when we say: Well, you can talk, for our company or for you, we think. there can be no doubt that the Found- but we are not going to let you make a They are not allowed to do this? ing Fathers, when they wrote the Con- political message 30 days before the They are going to be threatened by the stitution, contemplated the protection campaign. You can contribute but only White House with punishment if they of people’s right to have robust a polit- under our rules. A clear case can be communicate to the people with whom ical debate. There can also be no doubt made that the law at issue in Citizens they do business? That is no little mat- that robust political debate includes United favored political incumbents. It criticizing political candidates when ter. We have to get our heads straight. gave an advantage to politicians al- they are running for office. The first amendment protects speech— ready in office, who have an edge in ob- The decision today was an inter- real substantive speech—about impor- taining individual, ‘‘hard money’’ con- esting matter. It shows how far some tant issues, issues like health insur- tributions. I myself am an incumbent— congressionally passed laws reach. The ance and who is going to be elected I myself have been fortunate enough to decision may indicate that sometimes President. And it protects them regard- receive many such contributions—but these bills reach farther than we in- less of whether the speaker is an indi- that does not change the clear mandate tended for them to reach when we vidual or whether the speaker is acting of our Constitution. I think the Su- wrote them. For example, the Citizens in corporate form. preme Court’s opinion should be re- Justice Scalia dissented in McCon- United case revolved around a film spected for the fact that it takes the nell v. FEC, a 2005 case that was re- that was critical of one of the main text of the first amendment very seri- versed by the court’s opinion today, candidates in the 2008 Presidential ously. The opinion addresses very fun- and Justice Scalia has a knack for election. A group called Citizens damental questions about what power going straight to the heart of the mat- United produced the film, and they politicians in Washington have to con- ter. In that dissent he wrote: wanted to broadcast it; however, under strict the right of Americans, either in- the recent so-called bipartisan Cam- In the modern world, giving the govern- dividually or corporately, to defend paign Reform Act, it was illegal for ment power to exclude corporations from the political debate enables it effectively to muf- their interest and speak out. That free- Citizens United to broadcast the film dom is fundamental to the preservation during the 30 days before the election fle the voices that best represent the most significant segments of the economy and the of our Constitution. because the group had received money most passionately held social and political Think about it. The New York Times. from U.S. corporations. Citizens United views. What is the New York Times? Is it a became the plaintiffs in a lawsuit and, He goes on to say: corporation? Yes, it is. Can the New eventually, the question of whether People who associate—who pool their fi- York Times run an editorial every day Congress could constitutionally pro- nancial resources—for purposes of economic saying they don’t like this party or hibit them from broadcasting the film enterprise overwhelmingly do so in the cor- they don’t like this Senator and criti- wound up before the Supreme Court. porate form; and with increasing frequency, cize them repeatedly? Why, sure they I think Chief Justice Roberts, cor- incorporation is chosen by those who asso- can. But can Ford Motor Company de- rectly summed up the holding of to- ciate to defend and promote particular fend its interests? Can it run an ad and day’s opinion in his concurrence. We ideas—such as the American Civil Liberties say: We are getting a little bit tired of will probably talk more about it in de- Union and the National Rifle Association, the Federal Government giving an- tail as we go forward and have a little parties to these cases. other $3 billion to General Motors Ac- more time to examine it, but he says: I agree with Justice Scalia. We can- ceptance Corporation and we don’t get Congress violates the First Amendment not allow the government to suppress any money from the Federal Govern- when it decrees that some speakers may not speech simply because it is near an ment to help Ford Motor Credit. Under engage in political speech at election time, election time and corporations have the law the Supreme Court was dealing when it matters most. given some money to put it on. I think with in Citizens United the answer was Or, as Justice Scalia characterized that is not healthy. In fact, I think our no. That was wrong, and it threatened today’s holding in his concurring opin- whole approach to constricting and our Constitution. Under our constitu- ion: limiting people in pooling their money tion people ought to be free to push A documentary film, critical of a potential and running ads is clearly in conflict back and defend their interests, wheth- presidential candidate is core political with the first amendment. er they do it individually or through a speech, and its nature as such does not I would just say this: The Supreme corporation. Otherwise, I think it al- change simply because it was funded by a Court made it clear that all the limits lows us in Washington to appropriate corporation. we have placed on corporations giving power to ourselves—the power to ben- We hear speech that irritates and to political campaigns were not struck efit one another and avoid being criti- frustrates us a lot of times, but we down. That is a separate issue, I sup- cized for it. I think that is the exact have to put up with it because it is a pose, but the issue the Supreme Court opposite of the robust political debate free country in which we live. I would decided in its opinion today is a very the Founding Fathers intended.

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.075 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S110 CONGRESSIONAL RECORD — SENATE January 21, 2010 That is my two cents’ worth. I think bills we have already incurred. We ate born terrorist attempted to kill nearly the case is one of significance. It is one the meal. We had the dinner. Now we 300 innocent people in the skies over we have debated here for so long. I have to pay the check. Detroit on Christmas Day. What could know Senator MCCONNELL, the Repub- I am asking my Republican friends to have been a terrible tragedy became in- lican leader, has been so eloquent and join us on this measure. I am asking stead an urgent reminder to remain fo- consistent for probably 15 years in de- them to take responsibility for the cused—a wake-up call, if you will. bating this issue. In many ways, this mess they helped create and to be a But even before Abdulmutallab opinion validates some of the principal part of the solution, rather than leav- boarded the plane, many Americans constitutional arguments he made. ing other people to clean up their mis- had already begun to wonder whether I yield the floor. takes. we had become too slack over the past The PRESIDING OFFICER. The Sen- During the years when they were in year in the fight against terrorism. control, Senate Republicans voted ator from Illinois. And who could blame them? Time seven times to increase the debt limit. Mr. BURRIS. Madam President, for and again, the administration has They refused to pay for major initia- the past few days I have heard a num- made decisions that suggest a pre-9/11 tives. They cut revenues and increased ber of my colleagues come to the floor mindset of prosecution over preven- to discuss whether this Congress spending. It did not take a financial ex- pert to recognize that this was just tion—decisions which have left most should vote to raise the limit on the Americans scratching their heads and national debt. As this debate has un- plain irresponsible. So when our Re- publican colleagues talk about fiscal concluding that some of the adminis- folded, I am beginning to hear a famil- tration’s priorities are dangerously out iar refrain from my friends on the responsibility, they are talking about an issue on which they have absolutely of whack. Most Americans did not un- other side of the aisle. Instead of offer- derstand why the administration was ing constructive criticism or original no credibility. Their record simply does not match their rhetoric. This in such a rush to close Guantanamo, ideas of their own, my Republican col- for example, before it had a plan for leagues keep returning to the same ir- demonstrates yet again that they do not have a plan to solve the economic dealing with the dangerous detainees responsible politics and empty rhetoric who were held there. Most did not see that got us into this mess in the first challenges they helped create. I believe it is time to move forward. why classified memos detailing inter- place. They seek to shift the blame and rogation techniques that had saved hold Democrats responsible for the Let’s be honest with the American peo- ple. Let’s work together to solve this American lives were made public and failed policies that led us to this point. thus available to the very people we The American people remember who problem rather than hiding behind the are trying to keep from harming us. really is responsible. In 2001, at the end same irresponsible policies that got us And most recently, most people were of the last Democratic administration, here in the first place. shocked again when we treated the our country enjoyed a $236 billion I call on my friends across the aisle Christmas Day bomber not as a poten- budget surplus with a projected surplus to join us in passing this measure. This tially rich source of intelligence for of $5.6 trillion over the next decade. should not be a partisan issue. We all stopping future attacks but as a com- But then Republicans took control of have a responsibility to keep this Na- tion on the road to economic recovery, mon criminal who needed a lawyer. We the Congress and the White House. and if we do not extend this debt ceil- should have gotten every bit of infor- Were they good stewards of the surplus ing, what will the consequences to the mation we could have about this man’s left to us by the Clinton administra- American people be? It is essential that plans, his connections, and his cronies tion? Were they? Did they spend only we get an extension of this debt ceiling in al-Qaida on the Arabian Peninsula. what America could afford? Were they and that we pass this legislation and Instead, the administration placed a responsible with our pocketbook? After that we be responsible as we go forward higher priority on reading him his Mi- all, the decade is over. I ask, so where in our programs and policies of spend- randa rights and on getting him a law- is the $5.6 trillion surplus? ing so that we will not have to be back It is nowhere to be found. Repub- yer. here time and time again talking about licans squandered our surplus by spend- Even more outrageous is the admin- raising the debt ceiling. We must get it ing wildly on massive tax breaks for istration’s plan for getting information under control at this time because if the wealthy and the special interests. out of the Christmas Day bomber, of- we do not, a catastrophe could be over- They tried to place the blame on Presi- fering him a plea bargain and a hope he whelming and we may not even recover dent Obama, but the reality is that will talk. These are just some of the from it. this President inherited a massive def- signs that when it comes to pros- Madam President, I yield the floor, ecuting the war on terror, the adminis- icit of $1.3 trillion on the day he took and I suggest the absence of a quorum. office last year. Now, as we try to clean tration has caused the pendulum to The PRESIDING OFFICER. The swing too far in the wrong direction. up the mess we have inherited, our Re- clerk will call the roll. publican friends are trying to pass the The bill clerk proceeded to call the No one denies a balance must be buck. They seem to be more interested roll. struck between preserving civil lib- in scoring political points than making Mr. MCCONNELL. Mr. President, I erties and protecting the homeland. No sound policy. ask unanimous consent that the order one wants to sacrifice one for the Who is going to be hurt if we don’t for the quorum call be rescinded. other. But in many cases, all that is in- extend this debt? We are all going to be The PRESIDING OFFICER (Mr. volved is a simple question of judg- hurt. It is not going to be Democrats BURRIS.) Without objection, it is so or- ment. When a judgment call has to be who are hurt. It is not going to be Re- dered. made, our priorities should be clear: publicans. Every American is going to GLOBAL WAR ON TERROR Keeping Americans safe should al- be hurt. Mr. MCCONNELL. Mr. President, as ways—always—win out. We need to raise the debt limit so the Senate reconvenes in a new cal- Over the past year, the administra- that America can avoid the economic endar year, it is hard not to notice that tion has grappled with these questions. catastrophe that would be created if many of the toughest challenges we It sought to find the right balance. In the United States defaulted on its debt. face in 2010 have been with us for a some cases, it has gotten it wrong. In If we fail to take action now, our Na- long time. Among the toughest and others, it has been quite sensible. The tion’s credit would be undermined, our most persistent of these is the ongoing President was clear and convincing, for economy would be further weakened, global war on terror. More than 8 years example, when he explained our goals and important programs, such as So- have now passed since September 11, in Afghanistan last December—to deny cial Security and veterans’ benefits, 2001. Yet we are reminded every day of al-Qaida a safe haven, to reverse the would be at grave risk. Raising the the need to remain as vigilant now as Taliban’s momentum and deny it the debt limit is the only responsible we were in the weeks and months after ability to control population centers, course of action at this time. It would that terrible day. and to strengthen the capacity of Af- not authorize one penny of new spend- This fact was recently brought home ghanistan’s security forces and govern- ing, but it would allow us to pay the to us in a vivid way when a Nigerian- ment so that they can take the lead

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.076 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S111 and take responsibility for Afghani- areas, and a few years later it had re- Taliban in Afghanistan as well. In this stan’s future. The President had it ex- gained enough strength to once again regard, the leaders we spoke to in both actly right. But Americans know that pose a serious threat to the United countries were clearly troubled by the in this fight, in the global war on ter- States. Meanwhile, the Taliban had re- Obama administration’s announced ror, getting the strategy partly right established its headquarters in Paki- deadline of July 2011 for the with- will only lead to partial success. As the stan and gained enough strength as a drawal of U.S. forces. attempted Christmas Day bombing result of inadequate Afghan security We saw firsthand on our trip that the showed all too plainly, partial success forces and poor governance to return to fight in Afghanistan and Pakistan is isn’t good enough. Afghanistan and to risk success to our difficult, and the situation is fragile. So today I would like to discuss some mission there. But complicating matters even further of my own impressions of how our mis- By last year, the situation had grown is the resilience and determination of sion is going in the place where the at- so perilous that our then recently ap- al-Qaida and its affiliates, and we must tacks of September 11, 2001, were pointed top general in Afghanistan, not fail to appreciate all the implica- launched, and to describe the mission GEN Stanley McChrystal, issued a re- tions of this. In this regard, the admin- within the broader context of the glob- port stating that our failure to gain istration showed a shocking lack of al war that extends to places such as the initiative and reverse the momen- common sense when it failed to treat Yemen and to our own borders because tum of the Taliban within 12 months the Christmas Day bomber as an success in one place overseas could eas- could make defeating the insurgency enemy combatant, instead reading him ily be undermined by neglect in an- impossible. It was largely as a result of his Miranda rights and giving him a other, and success in both could still be that assessment that the President lawyer. undermined by neglect at home. We agreed last year to send 30,000 more As I said earlier, in my view, the ad- simply cannot prevail in this fight if troops to Afghanistan. ministration has on a number of in- we treat the various elements of it as Earlier this month, I and some of my stances struck the wrong balance over separate events or if we fail to restore colleagues had the opportunity to visit the past year between safety and civil the proper balance between safety and Afghanistan and Pakistan to assess the liberties. Its preference for prosecuting civil liberties. situation on the ground firsthand. a terrorist like the Christmas Day As the years wear on, it is easy for Among other things, we saw progress bomber in civilian courts shows a dan- some to forget why we are still com- in the crucial southern provinces of gerous preoccupation with prosecution mitting young men and women to fight Helmand and Kandahar. Although still over prevention, just as its hasty deci- in far off places such as Afghanistan or in the early phases, General sion to close Guantanamo showed a why our national security interests de- McChrystal’s plan to clear these areas preoccupation with symbolism over se- mand that we prevail. That is why it is of Taliban, hold terrain, control the curity. important for us to recall that al-Qaida population, build Afghan security But whether it is Guantanamo, inter- and other extremists were at war with forces, and establish a viable govern- rogation memos, or prosecuting terror- the United States long before the at- ment for future and long-term stability ists in civilian courts, many of the ad- tacks of 9/11. shows early signs of success, not unlike ministration’s priorities in this fight The World Trade Center had been at- the kind of success during the surge in appear to be dangerously misplaced. tacked 8 full years before the 19 hijack- Iraq. Take the case of Khalid Shaikh Mo- ers destroyed it on September 11, 2001. The Taliban continues to put up a hammed. Here is the man who admits The Khobar Towers bombing in 1996 fight. As recently as last week, Taliban to planning the most catastrophic ter- killed 19 U.S. military personnel and leaders accused NATO forces of defiling rorist attack in U.S. history—nearly injured hundreds more. Thousands the Koran, a charge that led to major 3,000 people dead on our own soil in a were injured and hundreds were killed, protests in Garmsir. This Monday, the single day. Yet once in court, he will including a dozen Americans, in the Taliban demonstrated its lethality enjoy all the rights and privileges of an East Africa Embassy bombings in when it launched an attack against the American citizen. Classified informa- Nairobi and Dar es Salaam in 1998. heart of the government in Kabul. But tion may be compromised, as it has That same year, Osama bin Laden de- the bottom line is this: Our commit- been many times before in such cases. clared that ‘‘the judgment to kill and ment and that of our partners has The consequences are easy to imagine. fight Americans and their allies, given Afghanistan and its government Trying KSM in a civilian court whether civilian or military, is an obli- a chance to succeed. While ultimate makes even less sense in light of the gation for every Muslim who is able to success is far from certain, every mem- fact the administration has decided to do so in any country.’’ A year before ber of our delegation was impressed prosecute other foreign terrorists in a 9/11, al-Qaida attacked the USS Cole, with the quality of the people we have military commission, creating a baf- killing 17 sailors and injuring dozens sent to Afghanistan and with the strat- fling scenario in which those who tar- more. egy that General McChrystal has put get innocent people in the homeland So 9/11 may have been the day we re- in place. are treated better than those who at- alized the consequences of inaction, Pakistan must do its part. The ulti- tack a military target overseas. but the pattern of attacks leading up mate success of our mission in Afghan- The administration also needs to en- to that day is undeniably clear. From istan depends upon the continued ef- sure that our intelligence professionals the first days after 9/11, our strategy forts of the Government of Pakistan to and men and women in uniform are has been the same: to deny al-Qaida fight extremist networks in the tribal free to gather intelligence from detain- and its affiliates sanctuary and to deny areas. Over the last year, Pakistan has ees wherever they are captured. A U.S. them a staging ground from which they waged aggressive campaigns in the marine assigned to a NATO-led secu- could plan or launch another attack on Swat Valley and in South Waziristan. rity and development mission in Af- U.S. soil. This is why we resolved After meeting with the Pakistani ghanistan shouldn’t have to release or shortly after 9/11 to rid Afghanistan of Army’s chief of staff and with Prime turn over a captured terrorist within 96 the Taliban which had harbored al- Minister Gilani, we concluded they hours, as is now the case, nor should Qaida and its leader Osama bin Laden. genuinely believe their national inter- the Christmas Day bomber be treated We had early successes in that effort. ests will be served in defeating the as a common criminal at home when By November 2001, the Taliban had Pakistani Taliban. Still, action against the nation where he met his al-Qaida been driven from Kabul. Soon after the Quetta Shura, the leadership of the handlers, Yemen, is actively pursuing that, an international body met to Afghan Taliban harbored just across al-Qaida in the Arabian Peninsula. name an interim government in Af- the border in neighboring Pakistan, The intelligence community must be ghanistan to be led by its current isn’t likely to occur until the Paki- able to gather information from de- president, Hamid Karzai. stanis are convinced—convinced—that tainees in a way that is lawful and But despite that early success, al- the United States has the endurance to which protects American lives. Equi- Qaida’s senior leadership was able to remain committed in both Pakistan librium between safety and civil lib- find a safe haven in Pakistan’s tribal and Afghanistan and to defeat the erties must be restored, and currently

VerDate Nov 24 2008 04:09 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.069 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S112 CONGRESSIONAL RECORD — SENATE January 21, 2010 it is not, in my view. A plea bargain for administration, the Senate can dem- one of the central and overarching a terrorist who tried to blow a plane onstrate a new unity of purpose by messages I have heard in Pennsyl- out of the sky on Christmas Day? It is quickly considering this legislation. vania—and I am sure others have as wrong to think that al-Qaida would not This would signal our resolve not only well—and that message is this: The use a civilian courtroom in New York to Americans but to our allies and to American people want us to focus on or a long-term detention facility inside our forces in the field. This is not too job creation right now. They do not the United States for the same recruit- much to hope for, and it is not too want to hear about some long-term ing and propaganda purposes for which much to expect. Bipartisanship is not plan, a multiyear plan to create jobs. they have used other courts and Guan- always easy to come by in Washington, They want us to put on the table, to tanamo in the past. This fact alone but in the war on terror it is necessary, enact into law, strategic, short-term, eliminates the administration’s only and in my view it is achievable. effective job creation strategies that justification for closing Guantanamo— I suggest the absence of a quorum. will have the effect of incentivizing that it was some kind of recruitment The PRESIDING OFFICER. The small businesses to hire more employ- tool. clerk will call the roll. ees. We need a place to send terrorists The bill clerk proceeded to call the The idea that I and others in the Sen- like the Christmas Day bomber—and roll. ate have is a job creation tax credit. If that place is not a civilian courtroom Mr. CASEY. Mr. President, I ask you are a small business—in this case or a prison in the Midwest. Once here, unanimous consent that the order for we drew the line at 100 or less; I know these terrorists will enjoy new legal the quorum call be rescinded. that is not often the dividing line—if rights, including, quite possibly, the The PRESIDING OFFICER. Without they qualify, they get a 20-percent tax right to be released into our country, objection, it is so ordered. credit; higher than 100 employees, a 15- as one Federal judge previously ordered THE ECONOMY percent tax credit. with respect to a group of detainees Mr. CASEY. Mr. President, I rise to- That kind of targeted and specific from GTMO. night for two purposes. One is to talk strategy for 1 year—this is a 1-year bill The war on al-Qaida will continue for about the state of our economy, the we are about to introduce—will have years to come. In order to prevail, we challenges we face but also the obliga- that effect. It is one of several things must not only remain focused on the tions we have to address those chal- we have to do on job creation. threat but also reliant on the reason- lenges, and, secondly, to speak for a We have to have strategies, for exam- able tools that have served us well in couple minutes tonight about our ple, that have as their intended target the past. For example, now is not the brothers and sisters in Haiti and, in the positive impact on small business. time to experiment with the PATRIOT particular, children in Haiti. All across Pennsylvania—and I think Act. We should clearly reauthorize its Let me start with our economy here this is true across the country—it is expiring provisions rather than elimi- at home. We got word today in Penn- not just the question of the unemploy- nate one of them, sunset another, and sylvania—this is a newspaper story, an ment rate going up and joblessness in- tinker with those that remain, as the AP story, 3:52 p.m. The headline on this creasing, it is small business owners— administration or some of its congres- very brief story from the wire services I do not care where they are from— sional allies propose. is as follows. I know it cannot be read coming to us and telling us: Please As we continue to pursue this global from that distance. But the headline is: help us with obtaining access to credit. network, we will rely more heavily on ‘‘Pa. Jobless Rate Up, Jobs at Most There is no way a small business can intelligence personnel, a point that was Scarce in Decade.’’ grow if they cannot borrow. Our whole recently underscored by the December It says: system is predicated on borrowing 30 suicide attack that killed seven CIA A new report says that jobs in Pennsyl- money so you can invest in a new plant employees in Afghanistan. We mourn vania were harder to find in December than and equipment, borrow money so you the loss of these brave Americans. they have been in more than a decade. can hire another employee or two or Their sacrifice, along with the at- It goes on to talk about the unem- three or more. tempted Christmas Day bombing and ployment rate jumping up four-tenths If they do not have access to credit, the recent plot to attack the New York of a percent, to 8.9 percent. That is dis- this economy cannot create jobs and subway system, reminds us that the turbing in a lot of ways. First of all, grow jobs at a fast enough pace. So threat from al-Qaida and other extrem- not just the rate, because sometimes that has to be our focus. We also have ists to our homeland has not—I repeat, when we look at the unemployment to understand, as best we can from the not—diminished. rate, it does not tell the whole story. distance of Washington and the secu- But in its eagerness to distinguish its Sometimes it undercounts the people rity we feel here, most people in the own policies from those of the past, the who are not looking for work, and Federal Government and certainly in- administration has gone way too far. sometimes the numbers do not make dividual Members of the Senate do not The reaction to the attempted Christ- sense. have to worry about health care. They mas Day bombing offered conclusive What it means in real terms, in nu- have it. They do not have to worry proof. Hoping that terrorists are in- merical terms, I should say, real peo- about a paycheck. They are getting competent is not enough to defeat ple, it means that in Pennsylvania, that. them; and showing more concern about there are well more than half a million But even in those secure cir- their Miranda rights than the right of people out of work. I cannot even imag- cumstances, we have to do everything Americans to be safe suggests a funda- ine what those numbers look like pro- we can to understand what real people mental and dangerous shift in the pri- portionally, when you have States are up against, what they are up orities since 9/11. where the unemployment rate is 10 per- against every day when they wake up The good news is this: The adminis- cent, 11 percent, 12 percent, and even in the morning. Even if they have a tration is doing the right thing in Af- higher in some States. job, sometimes the costs that are im- ghanistan. If it recognizes some of its So it is bad enough in a State such as pacting their budget, the costs of pay- errors in the broader fight, there is ours when you have 8.9 percent, what ing for health care, the costs of higher good reason to hope historians will that translates into in terms of real education, the costs just to make ends look back on 2010 as the turning point life, real families, and the horrific im- meet in their daily lives have never not only in our fight with the Taliban pact of this recession. I cite that num- been more tested, never been more of a but also as the year in which America ber, several of those numbers for a very severe challenge. achieved a balance in the war against basic reason. A lot of folks around here So part of it is enacting job creation al-Qaida. are looking for messages from the re- strategies, but that is not enough. Part Soon we will have an opportunity to cent election in Massachusetts or they of it is also speaking directly to the make a good first step in the direction are looking for messages from the elec- needs and the concerns and the anxiety of bipartisan balance. Once the Con- tion of this past November. and the sense of insecurity a lot of gress receives the war funding request I do not think you need to go very far Americans feel. That is our No. 1 obli- from the Defense Department and the or do a lot of election analysis to know gation.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.070 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S113 I think, in addition to that, we of the things we have to do is push the and friends around the world who lost should pass health care legislation. We recovery bill aggressively to make sure loved ones in this tragedy. I also want do not know how that will happen in those investments, whether they are to send my condolences to our brave light of the new political realities here recovery, getting our economy out of men and women in the U.S. Embassy in Washington. But I think we need to the ditch, so to speak, and moving who also have lost loved ones, but who do that as well. down the road or whether they are ex- are continuing to help the people of But no matter what happened in the penditures that relate to reinvestment, Haiti and Americans in Haiti in the elections, no matter what happens on reinvestment in people skills, reinvest- midst of this natural disaster. These the issue of health care, job creation ment in their opportunities to have individuals represent the very best of has to be the No. 1 priority, second to higher education, reinvestment or in- what America encompasses. none, in terms of the work we do here vestment, in some cases, in people’s I am proud that as soon as this earth- in Washington. ability to recover from this recession, quake struck our southern neighbor, I ask unanimous consent to have unemployment insurance, COBRA the U.S. Government as well as the printed in the RECORD this very brief health insurance extensions, food American people galvanized their re- wire service story about the unemploy- stamps. All those are critically impor- sources to ensure that resources were ment situation in Pennsylvania. tant to our recovery. delivered for people who have lost ev- There being no objection, the mate- For those who say: Well, I do not like erything. rial was ordered to be printed in the when we spend money on unemploy- Today, I come to the floor to speak RECORD, as follows: ment insurance or food stamps—we get about a specific population that has that criticism from folks once in a PA JOBLESS RATE UP, JOBS AT MOST SCARCE been and will continue to be affected IN DECADE while—they should understand there is by this disaster, the most vulnerable no comparison, at least according to [From the Associated Press, Jan. 2010] population of all, Haitian orphans. Be- the economist Mark Zandi, there is no fore the earthquake, these children HARRISBURG, PA. (AP)—A new report says comparison between tax cuts for jobs in Pennsylvania were—harder to find in were looking for families, for people to December than they have been in more than wealthy folks versus unemployment in- love them and for people to love. This a decade. surance, food stamps, and other strate- quest has not changed; however, their The state Department of Labor and Indus- gies in terms of their positive impact tenuous situation in life only further try said Thursday that statewide unemploy- on the economy. deteriorated after the earthquake. ment jumped to 8.9 percent last month. By one measurement that Mark While I know that everyone has suf- The October rate also was 8.9 percent, the Zandi pointed to, bang for the buck, if fered so much, these children are with- highest level in 25 years, before dipping to 8.5 you spend a buck on unemployment in- out the natural protection that parents percent in November. surance or spend a buck on food The department says employers eliminated provide. Therefore, it is our duty to be stamps, you get a return above $1.50, their voice and to make sure that if about 8,100 jobs in December, leaving Penn- you get as high as $1.60 to $1.70 in re- sylvania with fewer than 5.6 million jobs— they survived the earthquake that they the lowest level since September 1999. turn. You cannot say that, according also survive this critical period of time The state’s unemployment rate is below to his analysis, with regard to some of while resources are trying to be deliv- the national average of 10 percent. Among the tax cut policies we have seen here. ered and a sense or order is trying to be So investments in vulnerable Ameri- the 10 most populous states, only Texas’ rate restored. is lower. cans who are trying to recover from This weekend several of my constitu- Mr. CASEY. Let me conclude this the recession—food stamps and unem- ents have contacted me about their part of my remarks by speaking for a ployment insurance being the two best concern for this most vulnerable popu- couple minutes about what we have examples—those investments actually lation. One constituent wrote: have a return to the taxpayer as well. done in this past year: The Recovery Senator Casey: and Reinvestment Act, known by—as So what do we need to do? We have to I am writing on behalf of our friends, Mi- many things are here—the acronym focus on job creation. When we focus chael and Monica Simonsen who have been AARA, the American Recovery and Re- on that legislation, it should have a in the process of adopting their son, Stanley investment Act. Those two words in couple component parts or elements. Hermane (DOB: 4/9/2008), from Haiti since Au- the middle are very important, the First of all, stabilizing that safety net gust 2008. Stanley was brought to Petit Anges de Chantal orphanage when he was word ‘‘recovery’’ and the word ‘‘rein- for vulnerable Americans which I just spoke of. Secondly, supporting small only two months old. He was severely mal- vestment’’ because that is the intended nourished and covered in scabies. They have effect of that legislation. It was the business in a very direct and targeted way. Investing and investing more in visited him in Haiti three times, each time right legislation—not perfect but the bringing supplies and donations to the or- infrastructure, including broadband in- right legislation—at the right time at phanage. The resources are scarce under nor- frastructure, which is another kind of the beginning or the early months of mal circumstances and with the current cri- knowledge infrastructure and, finally, 2009. sis, there is a genuine concern that the chil- building a clean energy economy. If we But there are a lot of Americans who dren will not survive. continue to do that, we will create I am writing to request that you support believe it is not being implemented jobs, we will keep our environment initiatives created to help expedite the adop- fast enough. The jump-starting effect clean, we will reduce our dependance tion process for children who already have of the spending, whether it is on infra- on foreign oil and literally make us completely committed U.S. approved fami- structure or energy efficiency or in- lies waiting at home. Expediting the process more secure from a national security vestments in education, investments in will not only secure their safety but will free standpoint. health care, tax cuts for 95 percent of up already scarce resources for children or- I think a major part of job creation, phaned by this disaster. the American people, which was in the in the short term, has to be a job cre- Senator Casey: recovery bill, that all of that is not ation tax credit. After years of personal investment there, moving fast enough. Jamie and Ali McMutrie, of Pittsburgh, f So one of the jobs we have, in addi- Pennsylvania, have brought 30 children al- tion to new strategies on job creation, HAITIAN ORPHANS most through the entire adoption process to is to implement, at a faster pace, at a Mr. CASEY. Mr. President, over the anxiously waiting families here in America. faster rate, the recovery bill. I also be- Almost. past week, we have witnessed the im- The recent earthquake of January 12th has lieve we should remind ourselves that mense destruction that the earthquake destroyed their orphanage leaving Jamie and the recovery bill was not a 10-month in Haiti and its subsequent aftershocks Ali to sleep outside on the lawn with all bill. We are in about the 10th month have wrought on the Haitian people. their children. With food and water in short right now. Old and young, rich and poor, weak and supply and rioters all around, the clock is But the spending that will create the strong, no matter who you are, this ticking for you to do something. jump-start of a positive economic ef- earthquake has brought heartache and I am happy to report that Jamie and fect is supposed to take place over 2 sadness to numerous lives. Ali McMutrie, who help run the and 3 years, depending on the program, First, I want to send my condolences BRESMA orphanage in Haiti, were able depending upon the initiative. So one to the people of Haiti and their family to evacuate 53 of their orphans and

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.072 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S114 CONGRESSIONAL RECORD — SENATE January 21, 2010 united them with their American adop- trying to ensure the safety of these or- more and more children will continue tive parents earlier this week. How- phans and all those affected in Haiti. to show up at the American Embassy. ever, Jamie and Ali were not able to ‘‘Though he brings grief, he will show It is vitally important that happen. bring back all 150 children at their or- compassion, so great is his unfailing I commend the work of our govern- phanage home. Many people across the love.’’ Lamentations 3:32. In this time ment at various levels in terms of what nation like Michael and Monica of darkness, I believe that Haiti can they have been doing to respond to the Simonsen are still waiting to know emerge in a better place. And I am challenge posed by these orphans and that their child is safe and many or- grateful that our country will be a their circumstances. I know in our phans like Jamie and Ali’s orphans friend with Haiti in this endeavor. home State of Pennsylvania, Governor who remain in Haiti still need food, Similar to a lot of Americans, I am Rendell and Congressman ALTMIRE clean water and a safe place to stay not surprised but heartened and proud worked very hard to bring some of until they can complete an adoption by the response of the American peo- these children back to Pennsylvania. I process. ple, a tremendous outpouring of gen- commend them for the effort they put This Monday, the Department of erosity. People in America from all forth. For all these reasons, there is Homeland Security announced that walks of life recognized immediately plenty of evidence to show that the they would use their authority to ex- that the people of Haiti, in the depths American people understand that these tend humanitarian parole to Haitian of an incalculable, an indescribable individuals, these families, and espe- orphans already in the adoptive process horror and tragedy, in the depths of cially these children are God’s chil- with an American family. I commend that, the American people showed their dren. We have to be cognizant of that generosity, they showed that they un- the Department of Homeland Security as we go forward with sound policies in derstand that our Haitian brothers and and the State Department’s Office of the days ahead. sisters are just that, they are part of Children’s Issues for making this pol- I yield the floor. the family, the human family, and they icy decision and I fully support their The PRESIDING OFFICER. The Sen- are our brothers and sisters. desire to assure that the best interests ator from North Dakota. The most vulnerable member of that Mr. DORGAN. Mr. President, first let of these orphans are put first. family, in most instances—maybe not me say to my colleague, Senator However, I am very concerned that in every instance in every family but when the Department of Homeland Se- CASEY, his comments about the nearly most of the time—will be a child. We unspeakable tragedy that has occurred curity announced its decision to pro- are seeing unforgettable imagery and in Haiti strike all of us in a very poign- vide humanitarian parole, there was no video of young children being rescued ant way. I have been to Haiti. It is one plan at that time to ensure a safe and in Haiti, surviving for days at a time in of the poorest regions in the world. We orderly process by which eligible or- the rubble and the horror they have have people in Haiti living in unbeliev- phans could be processed and evacu- been living through. Thank goodness so able poverty. Fly to the airport and ated. many people have invested in ways to near the airport is an area called City I continue to hear reports that or- save those children. phanage directors in Haiti are going to Soleil. It is a slum of nearly a half mil- But what we still have to do a better lion people living in desperate condi- the U.S. Embassy and while some are job on is making sure that if a Haitian tions. The entire country of Haiti has being admitted others are being turned child is in the adoption process, is in suffered such immense difficulties for away. Some of these orphanages are the pathway, so to speak, to being so long. The people of Haiti are won- more than 125 miles away. I am con- adopted, we have to do everything pos- derful people. To be visited now by this cerned for the safety of the 600–700 or- sible, in addition to the obvious safe- great tragedy with an unbelievable loss phans that this announcement affects. guarding, to provide that child with se- of life that will exceed 200,000 people is They may be harmed trying to get to curity, physical security and food and heartbreaking to me, and I know to all the embassy, and if they are okay on water and medicine and medical treat- Americans who watch this tragedy that journey and even succeed in ob- ment and, in addition to that, that we play out on television as volunteers are tain travel documents, they may be provide, as expeditiously as possible, a digging through rubble and, in some harmed when they are told to wait process for their adoption and ways to cases, finding people still alive and, in back at the orphanage until a plane is make it possible for them to be adopt- most other cases, finding a lot of peo- available. I am also hearing from ed, that the adaptive parent or guard- ple who have lost their lives. American families so desperate to en- ian can have that assurance but also so The American people are a people sure their child is safe that they are that child can be well on the way to full of great generosity, and that ex- trying to make their way to Haiti. We being adopted. pression of generosity in the form of don’t need more chaos in an already We do not quite have that yet in contributions to organizations that are chaotic situation. terms of what the Federal Government there helping these people is something I along with some of my colleagues can do and should do. I had a call late that is very important. All of us can be have called on the State Department this afternoon with Secretary of State proud of the generosity of this country and USAID to set up safe havens for or- Clinton, who should be commended for and what is now happening in the out- phans, which will provide food, water her work, in a broad way, with regard pouring of support. and protection for all orphans as well to the response to the tragedy in Haiti f as time to ensure that those orphans but, in particular, her concern and her who are eligible for humanitarian pa- actions that she has taken to make CHAIRMAN BERNANKE role are processed and evacuated in a sure these young children are taken Mr. DORGAN. Mr. President, I rise to timely manner. This is just one idea; care of. I will not go into all the details briefly explain why I am going to vote however, in the absence of an alter- now, but let me cite in summary fash- against the nomination of Mr. Ben native plan, more and more children ion that a number of my colleagues in Bernanke as Chairman of the Federal will continue to show up at the Embas- the Senate and I have called upon the Reserve Board. Mr. Bernanke has been sy’s gate. State Department and USAID to set up serving as Chairman of the Federal Re- Therefore, I ask the administration safe havens which will provide food, serve Board. I will be the first to say I to implement a plan to ensure that water, and protection for all orphans, think there are things that Mr. these 600–700 orphans are safely and ef- as well as time to ensure that these or- Bernanke has done that are very im- ficiently processed and evacuated to be phans in Haiti who are eligible for portant to this country. He steered our united with their awaiting adoptive what is called humanitarian parole— country in a very difficult cir- parents, and that we work with the those who are on the way to being cumstance. There was a time when our international community and other adopted through the process—that economy could have completely col- NGOs on the ground to ensure the safe- those who are eligible for that process, lapsed, which would have been dev- ty of all orphans until they can be humanitarian parole, are indeed evacu- astating. It was teetering on the preci- placed in loving homes. Again, I thank ated and processed in a timely manner. pice of that. Mr. Bernanke and others the U.S. governmental officials who This is just one idea, one way to help. made decisions, some of which I have been working around the clock In the absence of an alternative plan, thought were good decisions.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.038 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S115 It is the case that Mr. Bernanke erly withheld agency records.’’ The capability to decide it will change the worked for the previous administration judge said that the Fed’s argument rules on everything, open a direct lend- that in many ways created cir- that borrowers would be hurt if their ing window and give it to the biggest cumstances that took us to that cliff names were released was ‘‘conjecture investment houses in the country, and or near the cliff with economic poli- without evidence of imminent harm.’’ they don’t intend to ever tell any of us cies. I will talk about that for a mo- But the Fed went ahead to appeal the what they did or why or how; they ment. But when Mr. Bernanke became judge’s ruling and, therefore, it has don’t intend to disclose any of it, that Chairman of the Fed, I understood that been stayed. is not what I call open government. his background fit fairly well what we The American people are now in a That is not something that is written were going through, and I think he did situation where their Federal Reserve in the Constitution. It is not some- some things that should be commended Board said for the first time in history: thing that this Congress should tol- and supported. I have told him that I We will give the biggest investment erate. supported a number of these actions banking institutions direct access to This Congress should say to Mr. that were very important. loan money from the Federal Reserve Bernanke: Your nomination is here in One of those actions was to open, for Board, and we don’t intend to tell any- front of the Senate. We will act on it as the first time in history, the window at body who got it, how much they got, or soon as you provide the information the Federal Reserve Board to extend what the concessions or prices were. Senators have requested of you—by the credit directly from the Federal Re- We don’t intend to give anybody that way, the information that a Federal serve Board to the biggest investment information. judge has already ordered that you dis- banks in the country. It has always I find that completely untenable. I close. As soon as you comply with that, been the case that FDIC-insured banks, just am not going to vote for the nomi- then your nomination shall have a vote commercial banks, would have a win- nation of a Chairman of the Federal in the Senate. dow at the Fed to go get direct loans Reserve Board who says to Congress I wanted to explain in more detail from the Fed, but it has never been the and the American people: Yes, we my response to people who had asked case that the investment banks were opened that window. We decided to do me what I was going to do on the nomi- able to do that. During this great cri- direct lending to the biggest invest- nation. That gives adequate expla- sis, Fed Chairman Bernanke and the ment banks, which, by the way, steered nation. Board of Governors opened that win- this country right into a huge wreck. I also wanted to comment briefly dow for direct lending from the Federal Take a look at what and who caused that the President today said some- Reserve Board to the investment this financial wreck that cost this thing quite extraordinary, and I want banks. economy $15 trillion in wealth. Amer- to compliment him for it. I know he is I wasn’t critical at that moment. I ican families had lost $15 trillion in walking into a thicket of trouble be- didn’t come to the floor and express wealth. cause a whole lot of big interests are criticism. I don’t know exactly what The Federal Government had either going to gang up on these proposals. they saw that persuaded them to do spent or lent or committed $12 trillion Let me tell you the two proposals the that. But some months later, I sent, to bail out particularly Wall Street and President offered that make a lot of along with nine of my colleagues who the biggest firms on Wall Street. All of sense. signed the letter, a letter, dated July those biggest firms on Wall Street, I No. 1, he said big financial institu- 31, to Chairman Bernanke and said: believe, and even those that are now tions that are too big to fail are too The Federal Reserve Board took action the healthiest firms that are experi- big. That is pretty simple. If they are to allow all of the major investment encing record profits and are preparing too big to fail, they are just flat out banks in the United States to effec- to pay out record bonuses of some- too big. We ought to stop this con- tively access direct lending from the where around $120 to $140 billion, those centration because too big to fail Federal Reserve Board for the first firms would not have survived. They means no-fault capitalism. If they run time in history. would have gone under were it not for Down in the letter I say: We now urge the help of the American people themselves into trouble, the taxpayer you to release the names of financial through their government. picks up the tab. The taxpayer bails institutions that have received the The question for the Federal Reserve them out. That is what too big to fail emergency assistance and how much Board from the Congress and the Amer- means. each has received. The American tax- ican people is: What did you do? How The President says no more. Let’s payers’ funds were put at risk, and we much did you do? What was the collat- get rid of that too-big-to-fail tag and believe the American people deserve in- eral? Under what conditions? We need let’s decide that if they are that big, formation about the Federal Reserve to know. let’s stop this concentration. Board’s bailout activities to determine The Chairman of the Fed said he sup- The President also has indicated that how much and what kind of funds were ports transparency. If that is the case, we ought to have financial institutions used, and so on. show us a little transparency. How is it that are not trading in derivatives on We received a letter back from the that someone can possibly argue that their own proprietary accounts. I wrote Chairman of the Fed in which he said: telling us now that they gave $200 bil- a piece in 1994, 15 years ago, that was Publicly releasing the information on lion here or $1 trillion there to firms the cover story for Washington Month- the names of borrowers and amounts that are now showing record profits ly magazine. The piece I wrote was borrowed under the Federal Reserve and preparing to pay the biggest bo- ‘‘Very Risky Business.’’ I believe at the Board liquidity program could seri- nuses, how can that possibly injure time there was $16 trillion of notional ously undermine our liquidity pro- those firms? In fact, many of them value of derivatives in our country. I grams. He essentially said: I don’t in- have apparently paid the TARP funds said what is happening is outrageous. tend to tell you, and I don’t intend to back, let alone the direct loans from We have taxpayer-insured banking in- tell the Congress or the American peo- the Federal Reserve Board. stitutions that are trading on deriva- ple. My only point is simple. I don’t have tives in their own proprietary ac- It is interesting to me that a Federal a beef against Ben Bernanke person- counts, putting taxpayer money at judge last year ordered the Fed to re- ally. I kind of like him. I met him a risk. It is flat out gambling. I said they lease the names of the institutions number of times. I think he steered us may just as well have a craps table or that received the emergency financial through some tough times and prob- a Keno table in their lobby. Oh, they assistance from the Federal Reserve ably made some good decisions at the can still call it a bank, but it is a ca- Board and the amount of the assist- right time. I also have some differences sino. ance. A Federal judge said to the Fed: with him on economic policy and mon- Fifteen years ago, I wrote that arti- You must release that information to etary policy. But I have a very big dif- cle. The fact is, we have gone through the American people. The judge in this ference on this question. This question this unbelievable collapse of the econ- case, which was an FOIA case, found is controlling for me. If the Federal Re- omy—$15 trillion of wealth lost by the that the Federal Reserve had ‘‘improp- serve Board believes it has unlimited American people—and we still have

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.077 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S116 CONGRESSIONAL RECORD — SENATE January 21, 2010 these institutions trading on propri- going to provide a big fight around take deposits and make loans and do etary accounts. The President says it here. But it is not a secret, perhaps— underwriting in between, looking in ought to stop. I agree with him. given my history and what I have said somebody’s eyes to say: You want a The President also says we ought to in opposing the kinds of things that loan? What is it for? Let me evaluate separate, as Paul Volcker suggests, the were done 10 years ago that set us up that. Can you repay this loan? That is FDIC-insured commercial banking in- for this fall—it is not surprising that I underwriting. That is the way it works. stitutions from the investment banks fully intend to support the President’s The Presiding Officer, I know, ran a over here. They were put back to- effort. I think it is critically important bank and understands that. gether. I said on the floor of this Sen- to get our financial system reformed We need a good financial system. You ate 10 years ago—five, six, eight and done right. even need investment banks. I know times—and gave long speeches pre- Then, it is important to do one other one of my colleagues once said: Invest- dicting that if you do this, if you fuse thing; and that is have regulators who ment banking is to productive enter- together commercial banks and invest- do not brag about being willfully blind. prise like mud wrestling is to the per- ment banks, you are headed for trou- We had a bunch of folks in here for a forming arts. Well, that was tongue in ble. I said on this floor: Within a dec- bunch of the last decade who said: Do cheek. But we need investment banks ade I think you are going to see mas- you know what? We have decided to to take the riskier investments out sive taxpayer bailouts. People have take this important government job— there. But our investment banking sys- asked me: How did you find the crystal in any number of these regulatory tem went completely off the map. We ball? I just guessed. But I worried that areas—and we are proud to say we are need good commercial banks that are if you put this together, this is a bar- probusiness. What does that mean? We capitalized. We need investment banks. gain for trouble, this is asking for trou- are proud to say we are at the SEC, we All of that is important. We need to get ble. Ten years later, we have seen this are at this agency or that agency, and it right. I do not mean to denigrate all unbelievable collapse. you all do whatever you want. We finance because finance is very impor- The President is right; and it takes won’t look. We won’t watch. tant in this system to help this free en- courage for him to say it—let’s decide In fact, some of them were so incom- terprise system work, to help people to separate investment banking from petent that even when people—whistle- who want to start businesses and hire commercial banking. Paul Volcker has blowers—came and said: Bernie Madoff people. That is very important for our talked a lot about that, and he is right is running a Ponzi scheme, even when country. about it. So I know what is happening. somebody told them what was going So we will have that debate in a I just saw, in CongressDailyPM: on, they did not have the guts or the longer fashion in the weeks ahead. ‘‘Banks Kick Off Effort Against time or the intelligence to investigate Mr. President, I yield the floor and I Volcker Rule.’’ ‘‘A furious lobbying ef- it. suggest the absence of a quorum. fort among large banks was set off But being willfully blind ought not The PRESIDING OFFICER. The today by President Obama’s announce- be something to boast about anymore. clerk will call the roll. ment that he will push a rule forcing Going forward, we want effective regu- The assistant legislative clerk pro- them to choose between being a com- lation. Regulation is not a four-letter ceeded to call the roll. mercial institution or an investment word. The lack of regulation caused Mr. DORGAN. Mr. President, I ask bank that focuses primarily on trading this crash in many ways and cost tril- unanimous consent that the order for for its own profits.’’ The President lions of dollars to American families. the quorum call be rescinded. dubbed this plan the ‘‘Volcker Rule.’’ The PRESIDING OFFICER. Without I met with Paul Volcker in my office I am not suggesting overregulation. I am saying when you have certain areas objection, it is so ordered. recently. I have talked with him at f some length about this. Paul Volcker that are regulatory in this govern- is dead right, and so is the President. ment, to make sure the free market MORNING BUSINESS This is going to provoke an unbeliev- system works, and works well, when Mr. DORGAN. Mr. President, I ask able battle here. I understand that. people commit fouls in the free market unanimous consent that the Senate There is a lot at stake. The big inter- system in this area of competition, you proceed to a period of morning busi- ests—they want to keep doing what need to have somebody there with a ness, with Senators permitted to speak they are doing. The big investment whistle and a striped shirt to blow the for up to 10 minutes each. banks, at the moment—you take a look whistle and say: That’s a foul. If you do The PRESIDING OFFICER. Without at their balance sheet. They are not, by not have that, the system does not objection, it is so ordered. work and the system gets completely and large, loaning money to the inter- f ests in this country that desperately haywire. That is what happened in the CITIZENS UNITED V. FEC need it. They are trading on propri- last decade. That is not a technical etary accounts and making a lot of term, that haywire issue. But we have Mr. KAUFMAN. Mr. President, I wish money trading. The fact is, if they are the right and the opportunity to get to discuss today’s regrettable Supreme still too big to fail—and they are—that this right now, and I say to the Presi- Court decision in Citizens United v. the is called no-fault capitalism, and it is dent, good for you. This proposal is the Federal Election Commission. our risk, not theirs. right proposal. Despite nearly 100 years of statutes None of them would be around any- Then, let’s see, in the weeks ahead and precedent that establish the au- more had the U.S. Government not and the months ahead: Whose side are thority of Congress to limit the cor- stepped in to provide a safety net. Now you on? I say to those in public service rupting influence of corporate money they are telling us: Well, these changes on these issues: Whose side are you on? in Federal elections, the Court today the President and others suggest, they Are you on the side of the big invest- ruled that corporations are absolutely are radical changes. No, they are not. ment bankers who helped steer us into free to spend shareholder money with They are changes that go back to the the ditch that involved substantial wa- the intent to promote the election or future in many ways. They are changes gering and gambling here, and then we defeat of a candidate for political of- that go back to a period—1999—before a pick up the tab because it is no-fault fice. piece of legislation that was passed by capitalism on too-big-to-fail issues? Or What makes today’s decision particu- the Congress to decide: Let’s put to- are you going to stand up for the larly galling is that it is at odds with gether these big old holding companies American people here and decide you the testimony of the most recently and put everything into one. One-stop have to put this back in place the right confirmed members of the Court’s ma- financial shopping, they said. Compete way? I hope we will have enough sup- jority, who during their confirmation with the Europeans. We will put up port to follow the President’s lead on hearings claimed to have a deep re- firewalls. It turned out they were made this issue. spect for existing precedent. Although of tissue paper and the whole thing col- Let me just make one final comment. claims of ‘‘judicial activism’’ are often lapsed. I understand the need for a financial lobbed, as if by rote, at judicial nomi- I just say I think the President has system that works. I admire bankers nees of Democratic Presidents, includ- made the right call. It is gutsy. It is who do banking the old-fashioned way: ing Justice Sotomayor, this case is just

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It was activist the majority opinion admits of no dif- tices have felt free to disregard settled both because it struck down the con- ferences between Citizens United and law on a broad range of issues—equal sidered judgment of Congress and be- General Motors. pay, antitrust, age discrimination, cor- cause it was based not at all on the Even if we accept that purpose-built porate liability, and now the cor- text of the Constitution but instead on political advocacy corporations have a rupting influence of corporate cam- the policy preferences of five Justices. right to direct resources to influence paign expenditures—all in ways that In his dissent in Kimel, Justice Ste- elections, how do we apply this to larg- favor corporate interests over the vens said: er corporations that exist to make a rights of American citizens. The kind of judicial activism manifested in profit? Who determines what can- The majority opinion in Citizens such cases represents such a radical depar- didates General Motors supports or op- United should put the nail in the coffin ture from the proper role of this Court that poses? Is it the board of directors? The of claims that ‘‘judicial activism’’ is a it should be opposed whenever the oppor- CEO or other officers? Employees? All sin committed by judges of only one tunity arises. of these groups and individuals serve political stripe. Indeed, as I have said With the addition of Chief Justice the corporation for the benefit of the before, charges of judicial activism, John Roberts, Jr., and Justice Samuel shareholders. Even so, how are we to while persistent, are almost always Alito, Jr., the conservative majority of determine what speech the share- unhelpful. the current Court has continued to be holders favor? And do we care if the What is especially unhelpful about highly activist. shareholders are U.S. citizens or citi- calling someone a judicial activist is In Leegin v. PSKS, the Court dis- zens of an economic, political, or mili- that many times it is an empty epi- carded 96 years of precedent in ruling tary rival to the United States? thet, divorced from a real assessment that manufacturers may fix the prices These are questions left unresolved of judicial temperament. that retailers charge. It elevated big by today’s reckless, immodest, and ac- As conservative jurist Frank manufacturers’ interests over those of tivist opinion. As we move forward, my Easterbrook puts it, the charge is the consumer based not on any change colleagues in Congress and I will do our empty: in facts or circumstances but, rather, best to answer them. Boardroom execu- tives must not be permitted to raid the Everyone wants to appropriate and apply based on the Court’s embrace of a par- the word so that his favored approach is ticular economic theory. corporate coffers to promote personal sound and its opposite ‘activist.’ Then ‘activ- Then there is Parents Involved in political beliefs or to curry personal ism’ just means Judges Behaving Badly—and Community Schools v. Seattle School favor with elected politicians. We must each person fills in a different definition of District No. 1, in which the Court re- ensure that the corporation speaks ‘badly’. jected local community authority in with the voice of its shareholders, and In other words, the term ‘‘activist,’’ the area of voluntary integration of we must ensure that those who would when applied to the decisions of a Su- public schools. Chief Justice Roberts’ utilize the corporate form to magnify preme Court nominee, is generally plurality opinion for the four-person their political influence do not do so nothing more than politically charged conservative bloc gave scant respect to for improper personal gain or to impose shorthand for decisions that the ac- a long line of desegregation precedents the will of a foreign power on American cuser disagrees with. that afforded local communities discre- citizens. I don’t mean to say that the term tion in this arena. Remember that this Today’s decision does far more than ‘‘judicial activism’’ is necessarily with- is the same Justice who, during his ignore precedent, make bad law, and out content. Indeed, legal academics confirmation hearing, repeatedly pro- leave vexing unanswered questions. As and political scientists are hard at fessed his allegiance to stare decisis. If noted by Justice Stevens in his dissent, work trying to shape a set of common not for the opinion concurring in the the ‘‘Court’s ruling threatens to under- definitions. If we want to take the judgment by Justice Anthony Ken- mine the integrity of elected institu- term seriously, it might mean a failure nedy, communities that want some tions across the nation. The path it has to defer to the elected branches of gov- modest measure of racial integration taken to reach its outcome will, I fear, ernment, it might mean disregard for in their schools would be virtually do damage to this institution.’’ long-established precedent, or it might powerless to act. I share Justice Stevens’ fear. I am mean deciding cases based on personal That brings us back to Citizens particularly concerned that the deci- policy preferences rather than ‘‘the United. In reviewing what is wrong sion will erode the public’s confidence law.’’ with the Court’s opinion in this case, it in its government at precisely the time I think it is fair to say that, based on is hard to know where to begin. As when so many challenges—climate any of these definitions, the Supreme with the cases listed above, the Court change, financial regulatory reform, Court’s current conservative majority went out of its way to overturn settled health care, immigration reform, and has been highly ‘‘activist.’’ precedent. As Justice Stevens said in the need to stimulate job creation—all Let me give just a few examples. In his dissent, ‘‘The final principle of judi- call for bold congressional action. Our U.S. v. Morrison, decided in 2000, the cial process that the majority violates ability to meet our Nation’s pressing Rehnquist Court struck down a key is the most transparent: stare decisis.’’ needs depends on our ability to earn provision of the Violence Against Beyond ignoring precedent, the Court and maintain the public’s trust. Women Act. Congress held extensive could have decided this case on far nar- Earning that trust will be all the hearings, made explicit findings and rower grounds. Citizens United is a more difficult in a world in which undi- voted, 95 to 4, in favor of the bill. An not-for-profit firm that exists to facili- luted corporate money is allowed to activist Court chose to ignore all that tate political advocacy. Those who con- drown out the voices of individual citi- and substitute its own constricted view tribute to that firm do so with full zens and corrupt the political process. of the proper role of the national gov- knowledge of the political ideas and f ernment for that shared by both Con- candidates that the group is likely to ADDITIONAL STATEMENTS gress and the States. support. As a result, when that group That same year, the Court decided speaks it much more closely resembles Kimel v. Florida Board of Regents. The an act of collective speech by its bene- TRIBUTE TO JIM BLASINGAME five-Justice majority concluded that factors than the independent political ∑ Mr. BEGICH. Mr. President, I con- private citizens could not sue States views of a fictional corporate ‘‘person.’’ gratulate a hard-working Alaskan, Mr. for age discrimination without their During the Supreme Court hearing on Jim Blasingame, on his well-deserved consent because of a general principle this case, the attorney for Citizens retirement after many years of dedi- of sovereign immunity. This is another United recognized this distinction and cated service to the Alaska Railroad decision that was, simultaneously, con- admitted that its arguments ‘‘defi- Corporation, AKRR. servative in terms of policy outcome nitely would not be the same’’ if his Thirty-five years ago, Mr. and activist in terms of judging. It was client were a large for-profit enter- Blasingame commenced his employ- conservative because it expanded prise, such as General Motors. But by ment with the AKRR. Since then, he

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.056 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S118 CONGRESSIONAL RECORD — SENATE January 21, 2010 has proven to be an exceptional mem- Perhaps his most significant career paring to help him celebrate his 100th ber of the AKRR family. One of his accomplishment was his work with birthday. I wish him well on that day, greatest accomplishments was the piv- Alaska tribes. Much of his legal career and congratulate him on a century well otal role he performed in assisting with has been spent on Alaska Native social lived.∑ the transference of the AKRR from and justice causes. f Federal to State ownership. This great- In 1967, he was legal counsel to the ly assisted in the development of the State-sponsored Alaska Land Claims RECOGNIZING APPLIED THERMAL AKRR into an award winning, world Task Force. Among task force’s finding SCIENCES class, State-owned corporation. His was a recommendation that legislation ∑ Ms. SNOWE. Mr. President, as our work has helped the AKRR safely oper- be introduced in Congress that would country seeks a sustained recovery, we ate and successfully contribute to the convey land to Native villages, pay a will be looking to innovative small economic development of Alaska. monetary settlement, form corpora- businesses to jumpstart the Nation’s During his time with the AKRR, Mr. tions organized by villages and regions economy. My home State of Maine is Blasingame was a mentor to his fellow and form a statewide corporation. Sub- home to hundreds of such firms that railroaders and his leadership abilities sequently, a bill was introduced in 1968 display the stellar ingenuity and cre- resonated through the depots and rail by Alaska Senator Ernest Gruening ativity of the American people. Today yards. Outside work, Mr. Blasingame is and Mr. Jackson testified before con- I recognize one of these businesses, Ap- a dedicated member of his community. gressional committee hearings plied Thermal Sciences of Sanford, He volunteers his time on behalf of sev- throughout the year. which has been at the cutting edge of eral nonprofit organizations and in var- In the time leading to the passage of engineering for over two decades. ious civic board memberships. the Alaska Native Claims Settlement Founded as a sole-proprietorship in The Alaska Railroad is a truly Act, ANCSA, in 1971, funding for attor- 1989, Applied Thermal Sciences, or unique element of Alaska. For many neys grew short. Recognizing the mon- ATS, is rooted in the promotion of Alaskans, the AKRR signifies a great umental importance of the matter, Mr. thermal, structural and fluid sciences. source of pride. Running from Seward Jackson took upon himself to work pro Specifically, ATS, which was later in- north to Fairbanks, the Alaska Rail- bono at great personal hardship to corporated in 1998, focuses on the re- road offers some of the most majestic himself and his family. This deed typi- search and development of fuel-effi- views in America. Without Mr. fies Barry’s degree of dedication to a cient engines and propulsion systems. Blasingame’s commitment and enthu- worthy cause. The company’s high-skilled and dili- siasm towards developing the AKRR, Many have judged the ideas in the gent employees regularly work on a this landmark of Alaskan culture 1968 bill to be the foundation for number of contracts for both govern- would not be so today. ANCSA. In the book ‘‘Take My Land, ment and industry, and their solutions On behalf of Alaskans, I thank Mr. Take My Life’’ published in 2001, Mr. are often recognized as Blasingame for his many years of dedi- Jackson was credited as being the first groundbreaking. They fabricate proto- cation and service to Alaska. Mr. person who considered the concept of types in-house for testing, using com- President, I congratulate Mr. corporations for Alaska Native tribes. puter modeling and simulations to en- Blasingame and wish him the best of Mr. Jackson is a tireless worker who sure that these archetypes are of the luck in retirement.∑ still engages in his part-time private highest quality. f law practice. I wish Mr. Jackson a The research facilities at ATS house TRIBUTE TO BARRY W. JACKSON happy birthday, thank him for his mili- critical engineering workstations, high-tech supercomputers, various ana- ∑ Mr. BEGICH. Mr. President, on the tary and legislative service and ap- lytical tools, and significant experi- occasion of his 80th birthday, January plaud him as one of the quiet, selfless 27, I recognize the life achievements of contributors to the settlement of Alas- mental lab space. Additionally, the a resident of Fairbanks, AK, Mr. Barry ka Native land claims.∑ fabrication facilities include a machine W. Jackson. f shop and laser welding equipment, giv- ing them a leg up when competing for As a young man, Mr. Jackson served TRIBUTE TO RAYMAN DODSON in the Marine Corps during World War contracts and customers. ∑ II and later retired as major. While Mr. LEVIN. Mr. President, I speak ATS employs a unique system that still working on his law degree from today in tribute to one of the citizens combines laser welding with a gas- Stanford University in 1957, he trav- of my own hometown of Detroit, one of metal arc weld, thereby enabling cus- elled to Alaska and obtained a clerk- the thousands of decent, hard-working, tomers to manufacture products with ship with a territorial judge. community-minded Detroiters who improved metallurgical properties at After being admitted to the Alaska make me so proud to call the city my higher speeds and with greater reli- bar in 1959, he was hired as the city at- home. ability and repeatability than typi- torney for Fairbanks and later opened You will not find Rayman Dodson in cally possible. Utilizing this distinctive his own practice, concentrating on es- the history books or the newspapers. method, ATS is able to provide its cli- tate planning, personal injury, bank- But for the last 80 years, since he grad- ents the most advanced and state-of- ruptcy, family and real estate law. uated from Northwestern High School, the-art technology available. Indeed, Mr. Jackson also used his legal tal- you would have found him doing what because of this exceptional technology, ents in the Alaska State Legislature. so many other Detroiters have done: ATS recently won a major multi-year He served in the State house of rep- working hard, and doing his part, award from Bath Iron Works to resentatives in the Fourth and Sixth building the lives that make up our produce hybrid laser welded panels for State legislatures from 1965 to 1966 and city. the Navy’s DDG 1000 destroyer, and 1968 to 1970 respectively, where he was As an employee of Ford, Chrysler, later earned the 2008 Department of De- a colleague of my late father, then the city’s street railway, and in the fense Manufacturing Technology State Senator Nick Begich. He served homes of several of Detroit’s most Achievement Award. on the prestigious House Finance Com- prominent citizens, Rayman earned a One of ATS’s most impressive proto- mittee and later in a leadership posi- living sufficient for him and his be- types is the high-performance toroidal tion as chairman of the House Judici- loved wife Margaret to buy a home on engine concept, or HiPerTEC, engine. ary Committee. the city’s east—side a place for Mar- This inventive technology, which is Mr. Jackson also served the Alaska garet to display her crystal collection. hundreds of pounds lighter than a tra- Democratic Party as a convention For decades, he has contributed to ditional engine of similar power, pro- chair and later, was chair of the Inte- Mayflower Congregational Church of vides an unprecedented power-to- rior Democrats. Last October, I was Christ. weight ratio in an internal combustion privileged to attend a banquet in Fair- Several years ago, Rayman lost his engine. Additionally, HiPerTEC’s com- banks where the Interior Democrats sight but not his interest in the world bustion processes are extraordinarily honored Mr. Jackson for his many con- around him or his ability to delight his fuel efficient, a crucial concern for tributions to Alaska. friends. Many of those friends are pre- ATS’s numerous clients. Another of

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.045 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S119 ATS’s ground-breaking projects is its H.R. 2611. An act to amend the Homeland bia, transmitting, pursuant to law, a report low-cost flight test platform which Security Act of 2002 to authorize the Secur- on D.C. Act 18–262, ‘‘Private Adoption Fee seeks to acquire knowledge in the oper- ing the Cities Initiative of the Department of Temporary Amendment Act of 2009’’; to the ation of ramjet and scramjet engines. Homeland Security, and for other purposes; Committee on Homeland Security and Gov- to the Committee on Homeland Security and ernmental Affairs. Funded by the Office of Naval Re- Governmental Affairs. EC–4215. A communication from the Gen- search, the platform provides a cost H.R. 4095. An act to designate the facility eral Counsel, Office of Government Ethics, savings of 90 to 95 percent, bridging the of the United States Postal Service located transmitting, pursuant to law, a report rel- gap between ground testing and tradi- at 9727 Antioch Road in Overland Park, Kan- ative to competitions initiated or conducted tional, high-cost flight testing. sas, as the ‘‘Congresswoman Jan Meyers Post in fiscal year 2009; to the Committee on Leading the way in accelerating re- Office Building’’; to the Committee on Homeland Security and Governmental Af- markable technological advances, Ap- Homeland Security and Governmental Af- fairs. fairs. plied Thermal Sciences has earned the EC–4216. A communication from the Sec- f retary of the American Battle Monuments trust of its public and private clients Commission, transmitting, pursuant to law, by consistently providing them with MEASURES PLACED ON THE the Commission’s annual report for fiscal cost-effective and forward-looking so- CALENDAR year 2009; to the Committee on Homeland Se- lutions. I thank Karl Hoose, the firm’s The following bill was read the sec- curity and Governmental Affairs. president and owner, ATS’s vice presi- ond time, and placed on the calendar: EC–4217. A communication from the Sec- retary of the American Battle Monuments dent Fred Webber, and everyone at the S. 2939. A bill to amend title 31, United company for their remarkable work, Commission, transmitting, pursuant to law, States Code to require an audit of the Board the Commission’s Fiscal Year 2010–2015 Stra- and wish them continued success in the of Governors of the Federal Reserve System ∑ tegic Plan; to the Committee on Homeland future. and the Federal reserve banks, and for other Security and Governmental Affairs. purposes. f EC–4218. A communication from the Presi- f MESSAGES FROM THE PRESIDENT dent of the James Madison Memorial Foun- EXECUTIVE AND OTHER dation, transmitting, pursuant to law, the Messages from the President of the COMMUNICATIONS Foundation’s annual report for the year end- United States were communicated to ing September 30, 2009; to the Committee on the Senate by Mrs. Neiman, one of his The following communications were Homeland Security and Governmental Af- secretaries. laid before the Senate, together with fairs. accompanying papers, reports, and doc- EC–4219. A communication from the In- f uments, and were referred as indicated: spector General of the Department of En- ergy, transmitting, pursuant to law, the Of- EXECUTIVE MESSAGES REFERRED EC–4207. A communication from the Chair- fice of Inspector General’s Semiannual Re- man of the Council of the District of Colum- As in executive session the Presiding port for the period of April 1, 2009 through bia, transmitting, pursuant to law, a report Officer laid before the Senate messages September 30, 2009; to the Committee on on D.C. Act 18–243, ‘‘Waterfront Park at the from the President of the United Homeland Security and Governmental Af- Yards Act of 2009’’; to the Committee on fairs. States submitting sundry nominations Homeland Security and Governmental Af- EC–4220. A communication from the Chair- and withdrawals which were referred to fairs. the appropriate committees. EC–4208. A communication from the Chair- man of the Federal Election Commission, (The nominations received today are man of the Council of the District of Colum- transmitting, pursuant to law, a report rel- bia, transmitting, pursuant to law, a report ative to the Commission’s competitive printed at the end of the Senate pro- sourcing efforts during fiscal year 2009; to ceedings.) on D.C. Act 18–244, ‘‘F Street, N.W., Down- town Retail Priority Area Clarification the Committee on Homeland Security and f Amendment Act of 2009’’; to the Committee Governmental Affairs. EC–4221. A communication from the Grants MESSAGES FROM THE HOUSE on Homeland Security and Governmental Af- fairs. Management Officer, Management Direc- At 11:14 a.m., a message from the EC–4209. A communication from the Chair- torate, Department of Homeland Security, House of Representatives, delivered by man of the Council of the District of Colum- transmitting, pursuant to law, the report of Ms. Niland, one of its reading clerks, bia, transmitting, pursuant to law, a report a rule entitled ‘‘Department of Homeland Se- curity Implementation of OMB Guidance on announced that the House has passed on D.C. Act 18–245, ‘‘Affordable Housing For- Sale and Rental Distribution Amendment Nonprocurement Debarment and Suspen- the following bills, in which it requests sion’’ as received during adjournment of the the concurrence of the Senate: Act of 2009’’; to the Committee on Homeland Security and Governmental Affairs. Senate in the Office of the President of the H.R. 2611. An act to amend the Homeland EC–4210. A communication from the Chair- Senate on January 8, 2010; to the Committee Security Act of 2002 to authorize the Secur- man of the Council of the District of Colum- on Homeland Security and Governmental Af- ing the Cities Initiative of the Department of bia, transmitting, pursuant to law, a report fairs. Homeland Security, and for other purposes. on D.C. Act 18–242, ‘‘Unused Pharmaceutical EC–4222. A communication from the Chair- H.R. 4095. An act to designate the facility Safe Disposal Act of 2009’’; to the Committee man of the Federal Trade Commission, of the United States Postal Service located on Homeland Security and Governmental Af- transmitting, pursuant to law, the Commis- at 9727 Antioch Road in Overland Park, Kan- fairs. sion’s Performance and Accountability Re- sas, as the ‘‘Congresswoman Jan Meyers Post EC–4211. A communication from the Chair- port for fiscal year 2009; to the Committee on Office Building’’. man of the Council of the District of Colum- Homeland Security and Governmental Af- H.R. 4462. An act to accelerate the income bia, transmitting, pursuant to law, a report fairs. tax benefits for charitable cash contribu- on D.C. Act 18–246, ‘‘Income Tax Joint Filing EC–4223. A communication from the Execu- tions for the relief of victims of the earth- Clarification Act of 2009’’; to the Committee tive Director of the Consumer Product Safe- quake in Haiti. on Homeland Security and Governmental Af- ty Commission, transmitting, pursuant to ENROLLED BILL SIGNED fairs. law, a report relative to the Commission’s annual FAIR Act Inventory Summary for At 2:06 p.m., a message from the EC–4212. A communication from the Chair- man of the Council of the District of Colum- fiscal year 2009; to the Committee on Home- House of Representatives, delivered by bia, transmitting, pursuant to law, a report land Security and Governmental Affairs. Ms. Niland, one of its reading clerks, on D.C. Act 18–247, ‘‘Cooperative Housing As- EC–4224. A communication from the Com- announced that the Speaker has signed sociation Economic Interest Recordation missioner of the Social Security Administra- the following enrolled bill: Tax Temporary Amendment Act of 2009’’; to tion, transmitting, pursuant to law, the S. 692. An act to provide that claims of the the Committee on Homeland Security and Semiannual Report of the Inspector General United States to certain documents relating Governmental Affairs. for the period from April 1, 2009, through to Franklin Delano Roosevelt shall be treat- EC–4213. A communication from the Chair- September 30, 2009; to the Committee on ed as waived and relinquished in certain cir- man of the Council of the District of Colum- Homeland Security and Governmental Af- cumstances. bia, transmitting, pursuant to law, a report fairs. on D.C. Act 18–261, ‘‘Homeland Security and EC–4225. A communication from the Chief f Emergency Management Agency Use of Financial Officer of the Federal Mediation MEASURES REFERRED Video Surveillance Amendment Act of 2009’’; and Conciliation Service, transmitting, pur- to the Committee on Homeland Security and suant to law, a report relative to financial The following bills were read the first Governmental Affairs. integrity for fiscal year 2009; to the Com- and the second times by unanimous EC–4214. A communication from the Chair- mittee on Homeland Security and Govern- consent, and referred as indicated: man of the Council of the District of Colum- mental Affairs.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.013 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S120 CONGRESSIONAL RECORD — SENATE January 21, 2010 EC–4226. A communication from the Acting any possible affects such a sale might have Senate in the Office of the President of the Director of Infrastructure Security Compli- relating to Israel’s Qualitative Military Edge Senate on January 8, 2010; to the Committee ance, National Protection and Programs Di- over military threats to Israel; to the Com- on Armed Services. rectorate, Department of Homeland Secu- mittee on Armed Services. EC–4242. A communication from the Under rity, transmitting, pursuant to law, the re- EC–4234. A communication from the Assist- Secretary of Defense (Policy), transmitting a port of a rule entitled ‘‘Appendix to Chem- ant Secretary, Bureau of Political-Military report relative to cleanup operations due to ical Facility Anti-Terrorism Standards’’ Affairs, Department of State, transmitting, the use of weapons systems, and munitions (RIN1601–AA41) as received during adjourn- pursuant to law, an addendum to a certifi- containing depleted uranium in a number of ment of the Senate in the Office of the Presi- cation, transmittal number: DDTC 122–09, of countries, including Saudi Arabia, Kuwait, dent of the Senate on January 8, 2010; to the the proposed sale or export of defense arti- Iraq and Afghanistan; to the Committee on Committee on Homeland Security and Gov- cles, including technical data, and defense Armed Services. ernmental Affairs. services to a Middle East country regarding EC–4243. A communication from the Dep- EC–4227. A communication from the Acting any possible affects such a sale might have uty Assistant Secretary for Import Adminis- Farm Bill Coordinator, Commodity Credit relating to Israel’s Qualitative Military Edge tration, Foreign Trade Zones Board, Depart- Corporation, Department of Agriculture, over military threats to Israel; to the Com- ment of Commerce, transmitting, pursuant transmitting, pursuant to law, the report of mittee on Armed Services. to law, an annual report on the Activities of a rule entitled ‘‘State Technical Committees EC–4235. A communication from the Assist- the Foreign-Trade Zones Board, for fiscal Final Rule’’ (RIN0578–AA51) as received dur- ant Secretary, Bureau of Political-Military year 2008; to the Committee on Finance. ing adjournment of the Senate in the Office Affairs, Department of State, transmitting, EC–4244. A communication from the Chief of the President of the Senate on January 12, pursuant to law, an addendum to a certifi- of the Trade and Commercial Regulations 2010; to the Committee on Agriculture, Nu- cation, transmittal number: DDTC 103–09, of Branch, Customs and Border Protection, De- trition, and Forestry. the proposed sale or export of defense arti- partment of Homeland Security, transmit- EC–4228. A communication from the Acting cles, including technical data, and defense ting, pursuant to law, the report of a rule en- Farm Bill Coordinator, Commodity Credit services to a Middle East country regarding titled ‘‘Class 9 Bonded Warehouse Proce- Corporation, Department of Agriculture, any possible affects such a sale might have dures’’ (RIN1505—AB85) received during ad- transmitting, pursuant to law, the report of relating to Israel’s Qualitative Military Edge journment of the Senate in the Office of the a rule entitled ‘‘Compliance with NEPA In- over military threats to Israel; to the Com- President of the Senate on January 8, 2010; terim Final Rule’’ (RIN0578–AA55) as re- mittee on Armed Services. to the Committee on Finance. EC–4245. A communication from the Senior ceived during adjournment of the Senate in EC–4236. A communication from the Assist- Advisor for Regulations, Office of Regula- the Office of the President of the Senate on ant Secretary, Bureau of Political-Military tions, Social Security Administration, trans- January 12, 2010; to the Committee on Agri- Affairs, Department of State, transmitting, mitting, pursuant to law, the report of a rule culture, Nutrition, and Forestry. pursuant to law, an addendum to a certifi- entitled ‘‘Technical Revisions to the Supple- EC–4229. A communication from the Con- cation, transmittal number: DDTC 142–09, of mental Security Income (SSI) Regulations gressional Review Coordinator, Animal and the proposed sale or export of defense arti- on Income and Resources’’ (RIN0960–AG66) Plant Health Inspection Service, Department cles, including technical data, and defense received during adjournment of the Senate of Agriculture, transmitting, pursuant to services to a Middle East country regarding in the Office of the President of the Senate law, the report of a rule entitled ‘‘Change in any possible affects such a sale might have on January 7, 2010; to the Committee on Fi- Disease Status of the Republic of Korea with relating to Israel’s Qualitative Military Edge nance. Regard to Foot-and-Mouth Disease and Rin- over military threats to Israel; to the Com- EC–4246. A communication from the Chief derpest’’ (Docket No. APHIS–2008–0147) as re- mittee on Armed Services. of the Publications and Regulations Branch, EC–4237. A communication from the Assist- ceived during adjournment of the Senate in Internal Revenue Service, Department of the ant Secretary, Bureau of Political-Military the Office of the President of the Senate on Treasury, transmitting, pursuant to law, the January 12, 2010; to the Committee on Agri- Affairs, Department of State, transmitting, report of a rule entitled ‘‘Guidance on Cor- culture, Nutrition, and Forestry. pursuant to law, an addendum to a certifi- recting Failures of Nonqualified Deferred EC–4230. A communication from the Con- cation, transmittal number: DDTC 153–09, of Compensation Plans to Comply with Section gressional Review Coordinator, Animal and the proposed sale or export of defense arti- 409A’’ (Notice 2010–6) received during ad- Plant Health Inspection Service, Department cles, including technical data, and defense journment of the Senate in the Office of the of Agriculture, transmitting, pursuant to services to a Middle East country regarding President of the Senate on January 8, 2010; law, the report of a rule entitled ‘‘Citrus any possible affects such a sale might have to the Committee on Finance. Canker; Movement of Fruit From Quar- relating to Israel’s Qualitative Military Edge EC–4247. A communication from the Chief antined Areas’’ (Docket No. APHIS–2009– over military threats to Israel; to the Com- of the Publications and Regulations Branch, 0023) as received during adjournment of the mittee on Armed Services. Internal Revenue Service, Department of the Senate in the Office of the President of the EC–4238. A communication from the Assist- Treasury, transmitting, pursuant to law, the Senate on January 12, 2010; to the Com- ant Secretary, Bureau of Political-Military report of a rule entitled ‘‘Treatment of Cer- mittee on Agriculture, Nutrition, and For- Affairs, Department of State, transmitting, tain Obligations under section 956(c)’’ (No- estry. pursuant to law, an addendum to a certifi- tice 2010–12) received during adjournment of EC–4231. A communication from the Assist- cation, transmittal number: DDTC 117–09, of the Senate in the Office of the President of ant Secretary, Bureau of Political-Military the proposed sale or export of defense arti- the Senate on January 6, 2010; to the Com- Affairs, Department of State, transmitting, cles, including technical data, and defense mittee on Finance. pursuant to law, an addendum to a certifi- services to a Middle East country regarding EC–4248. A communication from the Chief cation, transmittal number: DDTC 09–141, of any possible affects such a sale might have of the Publications and Regulations Branch, the proposed sale or export of defense arti- relating to Israel’s Qualitative Military Edge Internal Revenue Service, Department of the cles, including technical data, and defense over military threats to Israel; to the Com- Treasury, transmitting, pursuant to law, the services to a Middle East country regarding mittee on Armed Services. report of a rule entitled ‘‘Total Return any possible affects such a sale might have EC–4239. A communication from the Assist- Swaps (TRSs) Used to Avoid Dividend With- relating to Israel’s Qualitative Military Edge ant Secretary for Legislative Affairs, De- holding Tax’’ (LMSB–4–1209–044) received over military threats to Israel; to the Com- partment of State, transmitting, pursuant to during adjournment of the Senate in the Of- mittee on Armed Services. law, a report entitled ‘‘Iran-Related Multi- fice of the President of the Senate on Janu- EC–4232. A communication from the Assist- lateral Sanction Regime Efforts’’; to the ary 15, 2010; to the Committee on Finance. ant Secretary, Bureau of Political-Military Committee on Armed Services. EC–4249. A communication from the Chief Affairs, Department of State, transmitting, EC–4240. A communication from the Direc- of the Publications and Regulations Branch, pursuant to law, an addendum to a certifi- tor of Defense Procurement and Acquisition Internal Revenue Service, Department of the cation, transmittal number: DDTC 135–09, of Policy, Department of Defense, transmit- Treasury, transmitting, pursuant to law, the the proposed sale or export of defense arti- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Repub. Rev. Proc. cles, including technical data, and defense titled ‘‘Defense Federal Acquisition Regula- 2009–4’’ (Rev. Proc. 2010–4) received during services to a Middle East country regarding tion Supplement; Lead System Integrators’’ adjournment of the Senate in the Office of any possible affects such a sale might have (DFARS Case 2006–D051) as received during the President of the Senate on January 15, relating to Israel’s Qualitative Military Edge adjournment of the Senate in the Office of 2010; to the Committee on Finance. over military threats to Israel; to the Com- the President of the Senate on January 12, EC–4250. A communication from the Chief mittee on Armed Services. 2010; to the Committee on Armed Services. of the Publications and Regulations Branch, EC–4233. A communication from the Assist- EC–4241. A communication from the Direc- Internal Revenue Service, Department of the ant Secretary, Bureau of Political-Military tor of Defense Procurement and Acquisition Treasury, transmitting, pursuant to law, the Affairs, Department of State, transmitting, Policy, Department of Defense, transmit- report of a rule entitled ‘‘Rev. Proc. 2010–3, pursuant to law, an addendum to a certifi- ting, pursuant to law, the report of a rule en- Annual Update of Domestic No-Rule Areas’’ cation, transmittal number: DDTC 130–09, of titled ‘‘Defense Federal Acquisition Regula- (Rev. Proc. 2010–3) received during adjourn- the proposed sale or export of defense arti- tion Supplement; Business Systems—Defini- ment of the Senate in the Office of the Presi- cles, including technical data, and defense tion and Administration’’ (DFARS Case 2009– dent of the Senate on January 6, 2010; to the services to a Middle East country regarding D038) as received during adjournment of the Committee on Finance.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.046 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S121 EC–4251. A communication from the Chief Regulations, Office of the Secretary, Depart- the Senate on January 12, 2010; to the Com- of the Publications and Regulations Branch, ment of Housing and Urban Development, mittee on Environment and Public Works. Internal Revenue Service, Department of the transmitting, pursuant to law, the report of EC–4269. A communication from the Direc- Treasury, transmitting, pursuant to law, the a rule entitled ‘‘Refinement of Income and tor of the Regulatory Management Division, report of a rule entitled ‘‘Repub. Rev. Proc. Rent Determination Requirements in Public Office of Policy, Economics, and Innovation, 2009–5’’ (Rev. Proc. 2010–5) received during and Assisted Housing Programs: Implemen- Environmental Protection Agency, transmit- adjournment of the Senate in the Office of tation of the Enterprise Income Verification ting, pursuant to law, the report of a rule en- the President of the Senate on January 15, System—Amendments’’ ((RIN2501-AD48) (FR- titled ‘‘Revisions to the California State Im- 2010; to the Committee on Finance. 5351-F-02)) as received during adjournment of plementation Plan, San Joaquin Valley Uni- EC–4252. A communication from the Chief the Senate in the Office of the President of fied Air Pollution Control District’’ (FRL of the Publications and Regulations Branch, the Senate on January 7, 2010; to the Com- No. 9097-2) received during adjournment of Internal Revenue Service, Department of the mittee on Banking, Housing, and Urban Af- the Senate in the Office of the President of Treasury, transmitting, pursuant to law, the fairs. the Senate on January 12, 2010; to the Com- report of a rule entitled ‘‘Repub. Rev. Proc. EC–4260. A communication from the Sec- mittee on Environment and Public Works. 2009–6’’ (Rev. Proc. 2010–6) received during retary of the Treasury, transmitting, pursu- EC–4270. A communication from the Direc- adjournment of the Senate in the Office of ant to law, a six-month periodic report on tor of the Regulatory Management Division, the President of the Senate on January 15, the national emergency that was declared in Office of Policy, Economics, and Innovation, 2010; to the Committee on Finance. Executive Order 13396 with respect to Cote Environmental Protection Agency, transmit- EC–4253. A communication from the Chief d’Ivoire Sanctions; to the Committee on ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, Banking, Housing, and Urban Affairs. titled ‘‘Revisions to the California State Im- Internal Revenue Service, Department of the EC–4261. A communication from the Assist- plementation Plan, San Joaquin Valley Uni- Treasury, transmitting, pursuant to law, the ant Secretary for Congressional and Inter- fied Air Pollution Control District’’ (FRL report of a rule entitled ‘‘Repub. Rev. Proc. governmental Relations, Department of No. 9096-9) received during adjournment of 2009–8’’ (Rev. Proc. 2010–8) received during Housing and Urban Development, transmit- the Senate in the Office of the President of adjournment of the Senate in the Office of ting, pursuant to law, a report relative to the Senate on January 12, 2010; to the Com- the President of the Senate on January 15, the awarding of a sole-source bridge contract mittee on Environment and Public Works. 2010; to the Committee on Finance. to provide property management support for EC–4271. A communication from the Direc- EC–4254. A communication from the Chief Federal Housing Administration Single tor of the Regulatory Management Division, of the Publications and Regulations Branch, Family Homes; to the Committee on Bank- Office of Policy, Economics, and Innovation, Internal Revenue Service, Department of the ing, Housing, and Urban Affairs. Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the EC–4262. A communication from the Sec- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Automatic Ap- retary of the Department of Commerce, titled ‘‘Extension of Deadline for Promulga- proval of Changes in Funding Method for transmitting, pursuant to law, a report on tion Designations for the 2008 Ozone Na- Takeover Plans and Changes in Pension the continuation of a national emergency de- tional Ambient Air Quality Standards’’ (FRL Valuation Software’’ (Announcement 2010–3) clared in Executive Order 13222 with respect No. 9102-2) received during adjournment of received during adjournment of the Senate to the lapse of the Export Administration the Senate in the Office of the President of in the Office of the President of the Senate Act of 1979; to the Committee on Banking, the Senate on January 12, 2010; to the Com- on January 12, 2010; to the Committee on Fi- Housing, and Urban Affairs. mittee on Environment and Public Works. nance. EC–4263. A communication from the Assist- EC–4272. A communication from the Direc- EC–4255. A communication from the Dep- ant Secretary for Legislative Affairs, De- tor of the Regulatory Management Division, uty Assistant Secretary for Export Adminis- partment of State, transmitting, pursuant to Office of Policy, Economics, and Innovation, tration, Bureau of Industry and Security, Executive Order 13346 of July 8, 2004, the an- Environmental Protection Agency, transmit- Department of Commerce, transmitting, pur- nual certification of the effectiveness of the ting, pursuant to law, the report of a rule en- suant to law, the report of a rule entitled Australia Group; to the Committee on Bank- titled ‘‘Approval and Promulgation of Imple- ‘‘Addition of Certain Persons on the Entity ing, Housing, and Urban Affairs. mentation Plans; Puerto Rico; Guaynabo List: Addition of Persons Acting Contrary to EC–4264. A communication from the Assist- PM10 Limited Maintenance Plan and Redes- the National Security or Foreign Policy In- ant Secretary, Office of Legislative Affairs, ignation Request’’ (FRL No. 9091-4) received terests of the United States and Entry Modi- Department of State, transmitting, pursuant during adjournment of the Senate in the Of- fied for Clarification’’ (RIN0694–AE78) as re- to law, a six-month periodic report relative fice of the President of the Senate on Janu- ceived during adjournment of the Senate in to the national emergency that was declared ary 12, 2010; to the Committee on Environ- the Office of the President of the Senate on in Executive Order 12938 with respect to the ment and Public Works. January 11, 2010; to the Committee on Bank- proliferation of weapons of mass destruction; EC–4273. A communication from the Direc- ing, Housing, and Urban Affairs. to the Committee on Banking, Housing, and tor of the Regulatory Management Division, EC–4256. A communication from the Gen- Urban Affairs. Office of Policy, Economics, and Innovation, eral Counsel of the National Credit Union EC–4265. A communication from the Regu- Environmental Protection Agency, transmit- Administration, transmitting, pursuant to latory Specialist, Office of the Comptroller ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Exception of the Currency, Department of the Treas- titled ‘‘Approval and Promulgation of Imple- to the Maturity Limit on Second Mortgages’’ ury, transmitting, pursuant to law, the re- mentation Plans; Kentucky: Approval of Re- (RIN3133–AD64) as received during adjourn- port of a rule entitled ‘‘Community Rein- visions to the State Implementation Plan’’ ment of the Senate in the Office of the Presi- vestment Act Regulations’’ (RIN1557-AD29) (FRL No. 9102-6) received during adjourn- dent of the Senate on January 8, 2010; to the as received during adjournment of the Sen- ment of the Senate in the Office of the Presi- Committee on Banking, Housing, and Urban ate in the Office of the President of the Sen- dent of the Senate on January 12, 2010; to the Affairs. ate on January 6, 2010; to the Committee on Committee on Environment and Public EC–4257. A communication from the Gen- Banking, Housing, and Urban Affairs. Works. eral Counsel of the National Credit Union EC–4266. A communication from the Presi- EC–4274. A communication from the Direc- Administration, transmitting, pursuant to dent and Chief Executive Officer, Federal tor of the Regulatory Management Division, law, the report of a rule entitled ‘‘12 CFR Home Loan Bank of Topeka, transmitting, Office of Policy, Economics, and Innovation, Part 740—Accuracy of Advertising and No- pursuant to law, a report on the Bank’s sys- Environmental Protection Agency, transmit- tice of Insured Status, and 12 CFR Part 745— tem of internal controls for fiscal year 2008; ting, pursuant to law, the report of a rule en- Share Insurance and Appendix’’ (RIN3133– to the Committee on Banking, Housing, and titled ‘‘Approval and Promulgation of Imple- AD54; RIN3133–AD55) as received during ad- Urban Affairs. mentation Plans; Mississippi; Update to Ma- journment of the Senate in the Office of the EC–4267. A communication from the Senior terials Incorporated by Reference’’ (FRL No. President of the Senate on January 7, 2010; Vice President and Chief Accounting Officer, 9088-6) received during adjournment of the to the Committee on Banking, Housing, and Federal Home Loan Bank of Dallas, trans- Senate in the Office of the President of the Urban Affairs. mitting, pursuant to law, the Bank’s man- Senate on January 12, 2010; to the Com- EC–4258. A communication from the Chief agement report for fiscal year 2008; to the mittee on Environment and Public Works. Counsel, Federal Emergency Management Committee on Banking, Housing, and Urban EC–4275. A communication from the Direc- Agency, Department of Homeland Security, Affairs. tor of the Regulatory Management Division, transmitting, pursuant to law, the report of EC–4268. A communication from the Direc- Office of Policy, Economics, and Innovation, a rule entitled ‘‘Suspension of Community tor of the Regulatory Management Division, Environmental Protection Agency, transmit- Eligibility’’ ((44 CFR Part 64) (Docket No. Office of Policy, Economics, and Innovation, ting, pursuant to law, the report of a rule en- FEMA-8053)) as received during adjournment Environmental Protection Agency, transmit- titled ‘‘Revisions to the California State Im- of the Senate in the Office of the President ting, pursuant to law, the report of a rule en- plementation Plan, San Joaquin Valley Air of the Senate on January 7, 2010; to the Com- titled ‘‘Revisions to the California State Im- Pollution Control District’’ (FRL No. 9097-1) mittee on Banking, Housing, and Urban Af- plementation Plan, San Joaquin Valley Uni- received during adjournment of the Senate fairs. fied Air Pollution Control District’’ (FRL in the Office of the President of the Senate EC–4259. A communication from the Asso- No. 9100-1) received during adjournment of on January 19, 2010; to the Committee on En- ciate General Counsel for Legislation and the Senate in the Office of the President of vironment and Public Works.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.070 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S122 CONGRESSIONAL RECORD — SENATE January 21, 2010 EC–4276. A communication from the Direc- EXECUTIVE REPORTS OF Mr. GREGG, Mr. HATCH, Mr. LEMIEUX, tor of the Regulatory Management Division, COMMITTEES and Mr. DEMINT): Office of Policy, Economics, and Innovation, S.J. Res. 26. A joint resolution dis- Environmental Protection Agency, transmit- The following executive reports of approving a rule submitted by the Environ- ting, pursuant to law, the report of a rule en- nominations were submitted: mental Protection Agency relating to the titled ‘‘Outer Continental Shelf Air Regula- By Mr. LEAHY for the Committee on the endangerment finding and the cause or con- tions Update to Include New Jersey State Judiciary. tribute findings for greenhouse gases under Requirements’’ (FRL No. 9103-3) received O. Rogeriee Thompson, of Rhode Island, to section 202(a) of the Clean Air Act; to the during adjournment of the Senate in the Of- be United States Circuit Judge for the First Committee on Environment and Public fice of the President of the Senate on Janu- Circuit. Works. ary 19, 2010; to the Committee on Environ- Robert William Heun, of Alaska, to be f ment and Public Works. United States Marshal for the District of EC–4277. A communication from the Direc- Alaska for the term of four years. SUBMISSION OF CONCURRENT AND tor of the Regulatory Management Division, (Nominations without an asterisk SENATE RESOLUTIONS Office of Policy, Economics, and Innovation, Environmental Protection Agency, transmit- were reported with the recommenda- The following concurrent resolutions ting, pursuant to law, the report of a rule en- tion that they be confirmed.) and Senate resolutions were read, and titled ‘‘Outer Continental Shelf Air Regula- f referred (or acted upon), as indicated: tions Consistency Update for Alaska’’ (FRL By Mr. CASEY (for himself, Mr. SCHU- No. 9095-9) received during adjournment of INTRODUCTION OF BILLS AND MER, and Mr. ROCKEFELLER): the Senate in the Office of the President of JOINT RESOLUTIONS S. Res. 390. A resolution prohibiting text the Senate on January 19, 2010; to the Com- The following bills and joint resolu- messaging by employees of the Senate while mittee on Environment and Public Works. driving on official business; to the Com- EC–4278. A communication from the Direc- tions were introduced, read the first mittee on Rules and Administration. tor of the Regulatory Management Division, and second times by unanimous con- By Mr. CRAPO (for himself, Ms. Office of Policy, Economics, and Innovation, sent, and referred as indicated: KLOBUCHAR, and Mr. VITTER): Environmental Protection Agency, transmit- By Mr. PRYOR (for himself and Mr. S. Res. 391. A resolution recognizing the ting, pursuant to law, the report of a rule en- CARDIN): 25th anniversary of the enactment of the titled ‘‘Outer Continental Shelf Air Regula- S. 2942. A bill to amend the Federal Food, Victims of Crime Act of 1984 (42 U.S.C. 10601 tions Consistency Update for Alaska’’ (FRL Drug, and Cosmetic Act to establish a nano- et seq.) and the substantial contributions to No. 9095-8) received during adjournment of technology program; to the Committee on the Crime Victims Fund made through the the Senate in the Office of the President of Health, Education, Labor, and Pensions. criminal prosecutions conducted by United the Senate on January 19, 2010; to the Com- By Ms. COLLINS (for herself, Mr. States Attorneys’ offices and other compo- mittee on Environment and Public Works. LIEBERMAN, Mr. BENNETT, Mr. EN- nents of the Department of Justice; consid- EC–4279. A communication from the Ad- SIGN, and Mr. BOND): ered and agreed to. ministrator, General Services Administra- S. 2943. A bill to require the Attorney Gen- By Mr. KERRY (for himself, Mr. tion, transmitting, pursuant to law, the Re- eral to consult with appropriate officials LUGAR, Mr. NELSON of Florida, Mr. ports of Building Project Survey for Panama within the executive branch prior to making DODD, Mr. LEAHY, Mr. MENENDEZ, Mr. City, FL and Clarksburg, WV; to the Com- the decision to try an unprivileged enemy BURRIS, Ms. STABENOW, Mr. SANDERS, mittee on Environment and Public Works. belligerent in Federal civilian court; to the Mr. BENNET, Ms. MIKULSKI, Mr. DOR- EC–4280. A communication from the Committee on the Judiciary. GAN, Mr. JOHNSON, Mr. DURBIN, Mr. Branch Chief, Division of Migratory Bird By Mr. CORNYN (for himself, Mrs. UDALL of New Mexico, Mr. BAUCUS, Management, Fish and Wildlife Services, De- HUTCHISON, Mr. VITTER, Mr. Mr. BROWN, Mrs. MURRAY, Mr. NEL- partment of the Interior, transmitting, pur- CHAMBLISS, Mr. ROBERTS, Mr. SON of Nebraska, Mr. HARKIN, Mr. suant to law, the report of a rule entitled LEMIEUX, and Mr. ISAKSON): CARPER, Mr. LAUTENBERG, Mr. KIRK, ‘‘Migratory Bird Permits; Changes in the S. 2944. A bill to authorize the Secretary of Mr. BEGICH, Mr. BAYH, Mr. WYDEN, Regulations Governing Falconry’’ (RIN1018- Homeland Security and the Secretary of Ms. KLOBUCHAR, Ms. CANTWELL, Mrs. AW44) received during adjournment of the State to refuse or revoke visas to aliens if in FEINSTEIN, Mrs. SHAHEEN, Mr. CASEY, Senate in the Office of the President of the the security or foreign policy interests of the Mr. CARDIN, Ms. LANDRIEU, Mrs. Senate on January 8, 2010; to the Committee United States, to require the Secretary of GILLIBRAND, Mr. KOHL, Mr. INOUYE, on Environment and Public Works. Homeland Security to review all visa appli- Mr. AKAKA, Mr. FEINGOLD, Mr. EC–4281. A communication from the Presi- cations before adjudication, and to provide WHITEHOUSE, Mrs. HAGAN, Mr. REED, dent of the United States, transmitting, pur- for the immediate dissemination of visa rev- Mr. CORKER, Mr. ROCKEFELLER, Mr. suant to D.C. Code 1-204.34(d)(1), in accord- ocation information; to the Committee on BARRASSO, Mr. ISAKSON, Mr. KAUF- ance with, and to effectuate, the District of the Judiciary. MAN, and Mr. REID): Columbia Judicial Nomination Commission’s By Mr. SCHUMER (for himself and S. Res. 392. A resolution expressing the nomination of Milton C. Lee, Jr. to be an As- Mrs. GILLIBRAND): Sense of the Senate on the humanitarian ca- sociate Judge of the Superior Court of the S. 2945. A bill to designate the facility of tastrophe caused by the January 12, 2010 District of Columbia; to the Committee on the United States Postal Service located at earthquake in Haiti; considered and agreed Homeland Security and Governmental Af- 1210 West Main Street in Riverhead, New to. fairs. York, as the ‘‘Private First Class Garfield M. By Mrs. HAGAN (for herself and Mr. EC–4282. A communication from the Chair Langhorn Post Office Building’’; to the Com- BURR): of the District of Columbia Judicial Nomina- mittee on Homeland Security and Govern- S. Res. 393. A resolution recognizing the tion Commission, transmitting, pursuant to mental Affairs. contributions of the American Kennel Club; D.C. Code 1-204.34(d)(1), the nomination of By Ms. STABENOW: to the Committee on the Judiciary. Milton C. Lee, Jr. to be an Associate Judge S. 2946. A bill to direct the Secretary of the By Mr. BURRIS (for himself and Mr. for the Superior Court of the District of Co- Army to take action with respect to the Chi- DURBIN): lumbia; to the Committee on Homeland Se- cago waterway system to prevent the migra- S. Res. 394. A resolution congratulating the curity and Governmental Affairs. tion of bighead and silver carps into Lake Northwestern University Feinberg School of Michigan, and for other purposes; to the Medicine for its 150 years of commitment to advancing science and improving health; to f Committee on Environment and Public Works. the Committee on the Judiciary. By Ms. MURKOWSKI (for herself, Mrs. f REPORTS OF COMMITTEES LINCOLN, Mr. BARRASSO, Mr. NELSON The following reports of committees of Nebraska, Mr. CHAMBLISS, Ms. ADDITIONAL COSPONSORS LANDRIEU, Mr. THUNE, Mrs. were submitted: S. 416 HUTCHISON, Mr. GRAHAM, Mr. COBURN, By Mr. DORGAN, from the Committee on Mr. VITTER, Mr. CORNYN, Mr. At the request of Mrs. FEINSTEIN, the Indian Affairs, with an amendment in the ISAKSON, Mr. GRASSLEY, Mr. ALEX- name of the Senator from Minnesota nature of a substitute: ANDER, Mr. BOND, Mr. INHOFE, Mr. (Mr. FRANKEN) was added as a cospon- S. 375. A bill to authorize the Crow Tribe of BUNNING, Mr. CRAPO, Mr. BROWNBACK, sor of S. 416, a bill to limit the use of Indians water rights settlement, and for Mr. ROBERTS, Mr. MCCONNELL, Mr. cluster munitions. other purposes (Rept. No. 111–118). ENZI, Mr. MCCAIN, Mr. WICKER, Mr. S. 694 S. 313. A bill to resolve water rights claims LUGAR, Mr. CORKER, Mr. COCHRAN, of the White Mountain Apache Tribe in the Mr. KYL, Mr. BENNETT, Mr. RISCH, At the request of Mr. DODD, the name State of Arizona, and for other purposes Mr. JOHANNS, Mr. SESSIONS, Mr. of the Senator from Washington (Mrs. (Rept. No. 111–119). VOINOVICH, Mr. BURR, Mr. SHELBY, MURRAY) was added as a cosponsor of

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.072 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S123 S. 694, a bill to provide assistance to LINCOLN) was added as a cosponsor of S. COLLINS), the Senator from Utah (Mr. Best Buddies to support the expansion 2796, a bill to extend the authority of HATCH), the Senator from Idaho (Mr. and development of mentoring pro- the Secretary of Education to purchase RISCH), the Senator from Georgia (Mr. grams, and for other purposes. guaranteed student loans for an addi- ISAKSON), the Senator from Arizona S. 936 tional year, and for other purposes. (Mr. KYL) and the Senator from Alaska At the request of Mr. LAUTENBERG, S. 2853 (Ms. MURKOWSKI) were added as cospon- the name of the Senator from Rhode Is- At the request of Mr. CRAPO, his sors of S. 2938, a bill to terminate au- land (Mr. REED) was added as a cospon- name was withdrawn as a cosponsor of thority under the Troubled Asset Re- sor of S. 936, a bill to amend the Fed- S. 2853, a bill to establish a Bipartisan lief Program, and for other purposes. eral Water Pollution Control Act to au- Task Force for Responsible Fiscal Ac- S. CON. RES. 39 thorize appropriations for sewer over- tion, to assure the long-term fiscal sta- At the request of Mr. MENENDEZ, the flow control grants. bility and economic security of the name of the Senator from Minnesota S. 1058 Federal Government of the United (Mr. FRANKEN) was added as a cospon- At the request of Mr. UDALL of Colo- States, and to expand future prosperity sor of S. Con. Res. 39, a concurrent res- rado, the names of the Senator from growth for all Americans. olution expressing the sense of the Georgia (Mr. ISAKSON) and the Senator At the request of Mr. BROWNBACK, his Congress that stable and affordable from Florida (Mr. LEMIEUX) were added name was withdrawn as a cosponsor of housing is an essential component of as cosponsors of S. 1058, a bill to amend S. 2853, supra. an effective strategy for the preven- the of 1986 to re- S. 2885 tion, treatment, and care of human im- duce the tax on beer to its pre-1991 At the request of Ms. LANDRIEU, the munodeficiency virus, and that the level, and for other purposes. name of the Senator from Wisconsin United States should make a commit- S. 1111 (Mr. FEINGOLD) was added as a cospon- ment to providing adequate funding for sor of S. 2885, a bill to amend the Omni- At the request of Mr. ROCKEFELLER, the development of housing as a re- the name of the Senator from Massa- bus Crime Control and Safe Streets Act sponse to the acquired immuno- of 1968 to provide adequate benefits for chusetts (Mr. KERRY) was added as a deficiency syndrome pandemic. cosponsor of S. 1111, a bill to require public safety officers injured or killed S. RES. 373 the Secretary of Health and Human in the line of duty, and for other pur- At the request of Mr. CRAPO, the Services to enter into agreements with poses. names of the Senator from Idaho (Mr. States to resolve outstanding claims S. 2908 RISCH) and the Senator from Mis- for reimbursement under the Medicare At the request of Mr. KOHL, the name sissippi (Mr. COCHRAN) were added as program relating to the Special Dis- of the Senator from Michigan (Ms. cosponsors of S. Res. 373, a resolution ability Workload project. STABENOW) was added as a cosponsor of designating the month of February 2010 S. 2908, a bill to amend the Energy Pol- S. 1234 as ‘‘National Teen Dating Violence icy and Conservation Act to require At the request of Mr. LIEBERMAN, the Awareness and Prevention Month’’. the Secretary of Energy to publish a name of the Senator from Florida (Mr. AMENDMENT NO. 3301 final rule that establishes a uniform ef- LEMIEUX) was added as a cosponsor of At the request of Mr. THUNE, the S. 1234, a bill to modify the prohibition ficiency descriptor and accompanying names of the Senator from Arizona test methods for covered water heaters, on recognition by United States courts (Mr. KYL), the Senator from Alaska and for other purposes. of certain rights relating to certain (Ms. MURKOWSKI), the Senator from S. 2926 marks, trade names, or commercial Utah (Mr. HATCH), the Senator from names. At the request of Mrs. LINCOLN, the Wisconsin (Mr. FEINGOLD), the Senator name of the Senator from Pennsyl- S. 1329 from Georgia (Mr. CHAMBLISS), the Sen- vania (Mr. CASEY) was added as a co- At the request of Mr. KOHL, the name ator from Idaho (Mr. RISCH), the Sen- sponsor of S. 2926, a bill to amend the of the Senator from South Dakota (Mr. ator from Maine (Ms. COLLINS), the XVIII of the Social Security Act to JOHNSON) was added as a cosponsor of Senator from Kansas (Mr. ROBERTS), provide for the application of a con- S. 1329, a bill to authorize the Attorney the Senator from New Hampshire (Mr. sistent Medicare part B premium for General to award grants to State GREGG), the Senator from Montana all Medicare beneficiaries in a budget courts to develop and implement State (Mr. TESTER), the Senator from Geor- neutral manner for 2010, to provide an courts interpreter programs. gia (Mr. ISAKSON) and the Senator from additional round of economic recovery Tennessee (Mr. CORKER) were added as S. 1345 payments to certain beneficiaries, and At the request of Mr. REED, the name cosponsors of amendment No. 3301 pro- to assess the need for a consumer price posed to H.J. Res. 45. of the Senator from Alaska (Mr. index for elderly consumers to compute BEGICH) was added as a cosponsor of S. cost-of-living increases for certain gov- f 1345, a bill to aid and support pediatric ernmental benefits. STATEMENTS ON INTRODUCED involvement in reading and education. S. 2936 BILLS AND JOINT RESOLUTIONS S. 1859 At the request of Mr. BAUCUS, the By Mr. PRYOR (for himself and At the request of Mr. ROCKEFELLER, names of the Senator from California Mr. CARDIN): the name of the Senator from Oregon (Mrs. FEINSTEIN), the Senator from S. 2942. A bill to amend the Federal (Mr. MERKLEY) was added as a cospon- Maryland (Mr. CARDIN), the Senator Food, Drug, and Cosmetic Act to estab- sor of S. 1859, a bill to reinstate Fed- from Alaska (Mr. BEGICH), the Senator lish a nanotechnology program; to the eral matching of State spending of from Montana (Mr. TESTER), the Sen- Committee on Health, Education, child support incentive payments. ator from Missouri (Mr. BOND), the Labor, and Pensions. S. 2760 Senator from Kansas (Mr. ROBERTS), Mr. PRYOR. Mr. President, I rise At the request of Mr. UDALL of New the Senator from Tennessee (Mr. ALEX- today with Senator CARDIN to intro- Mexico, the name of the Senator from ANDER), the Senator from South Da- duce the Nanotechnology Safety Act of New Mexico (Mr. BINGAMAN) was added kota (Mr. THUNE), the Senator from 2010 which will authorize a program of as a cosponsor of S. 2760, a bill to Colorado (Mr. BENNET) and the Senator scientific investigation by the Food amend title 38, United States Code, to from Vermont (Mr. LEAHY) were added and Drug Administration on nanotech- provide for an increase in the annual as cosponsors of S. 2936, a bill to accel- nology-based medical and health prod- amount authorized to be appropriated erate the income tax benefits for chari- ucts. to the Secretary of Veterans Affairs to table cash contributions for the relief Nanotechnology holds great promise carry out comprehensive service pro- of victims of the earthquake in Haiti. to revolutionize the development of grams for homeless veterans. S. 2938 new medicines, drug delivery, and or- S. 2796 At the request of Mr. THUNE, the thopedic implants while holding down At the request of Mr. ENZI, the name names of the Senator from Kansas (Mr. the cost of health care. However, Con- of the Senator from Arkansas (Mrs. ROBERTS), the Senator from Maine (Ms. gress and the FDA must assure the

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.050 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S124 CONGRESSIONAL RECORD — SENATE January 21, 2010 public that nanotechnology-based prod- fectiveness, particularly with regard to oped that sense and respond to specific ucts are both safe and efficacious. The products not subject to premarket au- chemical agents and are tailored to Nanotechnology Safety Act of 2010 will thorization requirements. each patient. Multifunctional thera- enable the FDA to properly study how The FDA has already reviewed and peutic devices need to be developed nanomaterials are absorbed by the approved some nanotechnology-based that simultaneously detect, diagnose, human body, how nanomaterials de- products. In the coming years, they ex- treat and monitor response to the ther- signed to carry cancer fighting drugs pect a significant increase in the use of apy. For example, various nanomate- target and kill tumors, and how nanoscale materials in drugs, devices, rials can be made to link with a drug, nanoscale texturing of bone implants biologics, cosmetics, and food. This a targeting molecule and an imaging can make a stronger joint and reduce will require the FDA to devote more of agent to seek out cancers and release the threat of infection. its regulatory attention to nanotech- their payload when required. Nanotechnology, or the manipulation nology based products. The FDA has already begun to devote of material at dimensions between 1 Let me talk for a few minutes about some resources to the understanding of and 100 nanometers, is a challenging two areas where nanotechnology is al- the human health effects and safety of scientific area. To put this size scale in ready being applied to health care. nanotechnology. It has established a perspective, a human hair is 80,000 The early detection of cancer and Nanotechnology Core Facility at the nanometers thick. multifunctional therapeutics. FDA’s Jefferson Arkansas Labora- Nanomaterials have different chem- The early detection of cancer can re- tories. Combining the expertise of the ical, physical, electrical and biological sult in significant improvement in National Center for Toxicological Re- characteristics than when used as larg- human health care and reduction in search and the Arkansas Research Lab- er, bulk materials. For example, cost. Nanotechnology offers important oratory, which is part of the FDA Of- nanoscale silver has exhibited unique new tools for detection where existing fice of Regulatory Affairs, this new antibacterial properties for treating in- and more conventional technologies Nanotechnology Core Facility will sup- fections and wounds. Nanomaterials may be reaching their limits. The port nanotechnology toxicity studies, have a much larger ratio of surface present obstacle to early detection of develop analytical tools to quantify area to mass than ordinary materials cancer lies in the inability of existing nanomaterials in complex matrices, do. It is at the surface of materials tools to detect these molecular level and develop procedures for character- that biological and chemical reactions changes directly during early phases in izing nanomaterials in FDA-regulated take place, and so we would expect the genesis of a cancer. Nanotechnol- products. nanomaterials to be more reactive ogy can provide smart contrast agents In conclusion, the Nanotechnology than bulk materials. and tools for real time imaging of a Safety Act of 2010 will provide the FDA The novel characteristics of nano- single cell and tissues at the nanoscale. the authority necessary to scientif- materials mean that risk assessments Nanotechnology promises a host of ically study the safety and effective- developed for ordinary materials may minimally-invasive diagnostic tech- ness of nanotechnology-based drugs, be of limited use in determining the niques and much research is aimed at delivery systems, medical devices, or- health and public safety of products ultra-sensitive labeling and detection thopedic implants, cosmetics, and food based on nanotechnology. technologies. In the in vitro area, additives regulated by the agency. This The FDA needs the tools and re- nanotechnology can help define can- bill is a sound investment on the prom- sources to assure the public that nano- cers by molecular signatures denoting ise of nanotechnology to improve technology-based medical and health processes that reflect fundamental human health and reduce costs in the products are safe and effective. The de- changes in cells and tissues that lead 21st Century. velopment of a regulatory framework to cancer. Already, investigators have Mr. President, I ask unanimous con- for the use of nanomaterials in drugs, developed novel nanoscale in vitro sent that the text of the bill be printed medical devices, and food additives techniques that can analyze genomic in the RECORD. There being no objection, the text of must be based on scientific knowledge variations across different tumor types the bill was ordered to be printed in and data about each specific tech- and distinguish normal from malignant the RECORD, as follows: nology and product. Without a robust cells. S. 2942 scientific framework there is no way to In the in vivo area, one of the most know what data to collect. More than a pressing needs in clinical oncology is Be it enacted by the Senate and House of Rep- resentatives of the United States of America in dozen material characteristics have for imaging agents that can identify Congress assembled, been suggested even for relatively sim- tumors that are far smaller than is SECTION 1. SHORT TITLE. ple nanomaterials. Without better sci- possible with today’s technology. This Act may be cited as the ‘‘Nanotech- entific knowledge of nanomaterials and Achieving this level of sensitivity re- nology Safety Act of 2010’’. their behavior in the human body, we quires better targeting of imaging SEC. 2. NANOTECHNOLOGY PROGRAM. do not know what data to collect and agents and generation of a larger imag- Chapter X of the Federal Food, Drug, and examine. ing signal, both of which nanoscale de- Cosmetic Act (21 U.S.C. 391 et seq.) is amend- In 2007, the FDA Nanotechnology vices are capable of accomplishing. ed by adding at the end the following: Task Force published a report ana- Perhaps the greatest near-term im- ‘‘SEC. 1011. NANOTECHNOLOGY PROGRAM. ‘‘(a) IN GENERAL.—Not later than 180 days lyzing the FDA’s scientific program pact of multifunctional therapeutic after the date of enactment of the Nanotech- and regulatory authority for address- compounds will come in the area of nology Safety Act of 2010, the Secretary of ing nanotechnology in drugs, medical tumor targeting and cancer therapies. Health and Human Services, in consultation devices, biologics, and food supple- Nanotechnology can be used to develop with the Secretary of Agriculture, shall es- ments. A general finding of the report new methods of drug delivery that bet- tablish within the Food and Drug Adminis- is that nanoscale materials present ter target selected tissues and cells, tration a program for the scientific inves- regulatory challenges similar to those and to improve on the efficiency of tigation of nanoscale materials included or posed by products using other emerg- drug activity in the cytoplasm or nu- intended for inclusion in FDA-regulated products, to address the potential toxicology ing technologies. However, these chal- cleus. Drug delivery applications will of such materials, the effects of such mate- lenges may be magnified because nano- provide a solution to solubility prob- rials on biological systems, and interaction technology can be used to make almost lems, as well as offer intracellular de- of such materials with biological systems. any FDA-regulated product. Also, at livery possibilities. ‘‘(b) PROGRAM PURPOSES.—The purposes of the nanoscale, the properties of a ma- The introduction of nanotechnology the program established under subsection (a) terial relevant to the safety and effec- to multifunctional therapeutics is at shall be to— tiveness of the FDA-regulated products an early stage of development. The de- ‘‘(1) assess scientific literature and data on livery of nanoscale multifunctional general nanoscale material interactions with might change. biological systems and on specific nanoscale The Task Force recommended that therapeutics could permit very precise materials of concern to Food and Drug Ad- the FDA focus on improving its sci- site specific targeting of cancer cells. ministration; entific knowledge of nanotechnology to More sophisticated ‘‘smart’’ systems ‘‘(2) develop and organize information help ensure the agency’s regulatory ef- for drug delivery still have to be devel- using databases and models that will enable

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.028 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S125 the formulation of generalized principles for prior to making the decision to try an in the civilian criminal system without the behavior of classes of nanoscale mate- unprivileged enemy belligerent in Fed- even consulting three of our Nation’s rials with biological systems; eral civilian court; to the Committee top intelligence officials simply defies ‘‘(3) promote intramural Administration on the Judiciary. common sense. programs and participate in collaborative ef- Ms. COLLINS. Mr. President, yester- To correct this failure and to ensure forts, to further the understanding of the science of novel properties at the nanoscale day the Senate Homeland Security that our Nation’s senior intelligence that might contribute to toxicity; Committee heard testimony from the officials are consulted before making ‘‘(4) promote and participate in collabo- three top U.S. intelligence officials the decision to try future foreign ter- rative efforts to further the understanding of about the errors that the Federal Gov- rorists in civilian court, I am today in- measurement and detection methods for ernment made leading up to the troducing a bill that would require this nanoscale materials; thwarted Christmas Day plot. We crucial consultation. I am very pleased ‘‘(5) collect, synthesize, interpret, and dis- dodged a bullet that day when Umar to be joined by the chairman of the seminate scientific information and data re- Farouk Abdulmutallab, a Nigerian- Homeland Security Committee, Sen- lated to the interactions of nanoscale mate- ator LIEBERMAN, who has been such a rials with biological systems; born terrorist, failed to detonate a ‘‘(6) build scientific expertise on nanoscale bomb on flight 253 in the skies above leader in this entire area, as well as by materials within such Administration; Detroit. three other Senators, Senator BOB BEN- ‘‘(7) ensure ongoing training, as well as dis- But today, Mr. President, I rise to NETT, Senator JOHN ENSIGN and Sen- semination of new information within the discuss an error that was made after ator KIT BOND, who are also concerned centers of such Administration, and more that foreign terrorist had already been about the testimony yesterday. broadly across such Administration, to en- detained by American authorities in Specifically, our bill would require sure timely, informed consideration of the Detroit, an error that may well have the Attorney General to consult with most current science; prevented the collection of valuable in- the Director of National Intelligence, ‘‘(8) encourage such Administration to par- telligence about future terrorist the Director of the National Counter- ticipate in international and national con- terrorism Center, the Secretary of sensus standards activities; and threats to our country. The error be- ‘‘(9) carry out other activities that the came clear during my questioning of Homeland Security, and the Secretary Secretary determines are necessary and con- three of our Nation’s top intelligence of Defense before initiating a custodial sistent with the purposes described in para- officials at the committee’s hearing interrogation of foreign terrorists or graphs (1) through (8). yesterday. Frankly, Mr. President, I filing civilian criminal charges against ‘‘(c) PROGRAM ADMINISTRATION.— was stunned to learn that the decision them. These officials, Mr. President, ‘‘(1) PROGRAM MANAGER.—In carrying out to place the captured terrorist into the are in the best position to know what the program under this section, the Sec- U.S. civilian criminal court system had other threats the United States is fac- retary shall designate a program manager ing from terrorists and to assess the who shall supervise the planning, manage- been made without any input or the ment, and coordination of the program. knowledge of the Director of National need to gather more intelligence on ‘‘(2) DUTIES.—The program manager shall— Intelligence, the Director of the Na- those threats. ‘‘(A) develop a detailed strategic plan for tional Counterterrorism Center, or the If there is a disagreement between achieving specific short- and long-term tech- Secretary of the Department of Home- the Attorney General and these intel- nical goals for the program; land Security. That is right, Mr. Presi- ligence officials regarding the appro- ‘‘(B) coordinate and integrate the strategic dent, these officials were never con- priate approach to the detention and plan with investments by the Food and Drug sulted by the Department of Justice interrogation of foreign terrorists, Administration and other departments and then the bill would require the Presi- agencies participating in the National Nano- before the decision was made. That decision was critical. The deter- dent to resolve the disagreement. Only technology Initiative; and the President would be permitted to di- ‘‘(C) develop intramural Administration mination to charge Abdulmutallab in programs, contracts, memoranda of agree- civilian court likely foreclosed the col- rect the initiation of civilian law en- ment, joint funding agreements, and other lection of additional intelligence infor- forcement actions—balancing his con- cooperative arrangements necessary for mation. We know that the interroga- stitutional responsibilities as Com- meeting the long-term challenges and tion of terrorists can provide critical mander in Chief and as the Nation’s achieving the specific technical goals of the intelligence, but our civil justice sys- chief law enforcement officer. program. To be clear, this legislation would tem, as opposed to the military deten- ‘‘(d) REPORTS.—Not later than March 1, not deprive the President of any inves- tion and tribunal system established 2012 and March 1, 2014, the Secretary shall tigative or prosecutorial tool. It would by Congress and the President, encour- submit to the Committee on Health, Edu- not preclude a decision to charge a for- cation, Labor, and Pensions and the Com- ages terrorists to lawyer up and to stop eign terrorist in our military tribunal mittee on Appropriations of the Senate and answering questions. Indeed, that was system or in our civilian criminal jus- the Committee on Energy and Commerce and exactly what happened in the case of the Committee on Appropriations of the tice system. It would simply require Abdulmutallab. He had provided some that the Attorney General coordinate House of Representatives a report on the valuable information to law enforce- program carried out under this section. Such and consult with our top intelligence report shall include— ment officials in the hours imme- officials before making a decision that ‘‘(1) a review of the specific short- and diately after his capture, and we surely could foreclose the collection of crit- long-term goals of the program; would have obtained more information ical additional intelligence informa- ‘‘(2) an assessment of current and proposed if we had treated this foreign terrorist tion. funding levels for the program, including an as an enemy belligerent and had placed This consultation requirement is not assessment of the adequacy of such funding him in the military tribunal system. levels to support program activities; and unprecedented. Section 811 of the Coun- Instead, once he was read his Miranda terintelligence and Security and En- ‘‘(3) a review of the coordination of activi- rights, given a lawyer at our expense, ties under the program with other depart- hancements Act of 1994 requires the Di- ments and agencies participating in the Na- he was advised to cease answering rector of the FBI and the head of a de- tional Nanotechnology Initiative. questions, and that is exactly what he partment or agency with a potential ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— did. spy in its ranks to consult and periodi- There are authorized to be appropriated to That poor decisionmaking may well cally reassess any decision to leave the carry out this section, $25,000,000 for each of have prevented us from finding out suspected spy in place so that addi- fiscal years 2011 through 2015. Amounts ap- more of Yemen’s role in training ter- tional intelligence can be gathered on propriated pursuant to this subsection shall rorists and more about future plots remain available until expended.’’. his activities. that are underway in Yemen targeting As the Senate Intelligence Com- American citizens in this country or By Ms. COLLINS (for herself, Mr. mittee noted in its report on the legis- abroad. Good intelligence is clearly lation that added the espionage con- LIEBERMAN, Mr. BENNETT, Mr. EN- critical to our ability to stop terrorist SIGN, and Mr. BOND): sultation requirement: plots before they are executed. We While prosecutorial discretion ultimately S. 2943. A bill to require the Attorney know that lawful interrogations of ter- rests with the Department of Justice offi- General to consult with appropriate of- rorist suspects can provide important cials, it stands to reason that in cases de- ficials within the executive branch intelligence. To charge Abdulmutallab signed to protect our national security—such

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.054 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S126 CONGRESSIONAL RECORD — SENATE January 21, 2010 as espionage and terrorism cases—prosecu- sought from the President under subsection SENATE RESOLUTION 391—RECOG- tors should ensure that they do not make de- (b)(2) and the number of times, on those oc- NIZING THE 25TH ANNIVERSARY cisions that, in fact, end up harming the na- casions, that the President directed actions OF THE ENACTMENT OF THE tional security. identified in section (a) against such foreign VICTIMS OF CRIME ACT OF 1984 The committee got it right. The com- person. (d) DEFINITIONS.—In this section: (42 U.S.C. 10601 ET SEQ.) AND THE mittee went on to explain: (1) APPROPRIATE COMMITTEES OF JURISDIC- SUBSTANTIAL CONTRIBUTIONS [T]he determination of whether to leave a TION.—The term ‘‘appropriate committees of TO THE CRIME VICTIMS FUND subject in place should be retained by the jurisdiction’’ shall include— MADE THROUGH THE CRIMINAL host agency. (A) the Committee on Homeland Security PROSECUTIONS CONDUCTED BY and Governmental Affairs of the Senate; The history of the espionage con- UNITED STATES ATTORNEYS’ sultation requirement is eerily remi- (B) the Committee on Homeland Security of the House of Representatives; OFFICES AND OTHER COMPO- niscent of the lack of consultation that (C) the Select Committee on Intelligence NENTS OF THE DEPARTMENT OF occurred in the case of Abdulmutallab. of the Senate; JUSTICE In espionage cases, Congress has al- (D) the Permanent Select Committee on ready recognized that when valuable Intelligence of the House of Representatives; Mr. CRAPO (for himself, Ms. intelligence is at stake, our national and KLOBUCHAR, and Mr. VITTER) submitted (E) the Committees on Armed Services and security should trump decisions based the following resolution; which was solely on prosecutorial equities. This Judiciary of the Senate and the Committees on Armed Services and Judiciary of the considered and agreed to: requirement must be extended to the House of Representatives. S. RES. 391 most significant threat facing our Na- (2) ACT OF WAR, TERRORISM, MATERIAL SUP- tion, and that is the threat of ter- PORT TO TERRORISTS.—The terms ‘‘act of Whereas the Victims of Crime Act of 1984 rorism. war’’, ‘‘terrorism’’, and ‘‘material support to had its 25th anniversary in 2009; I encourage the Senate to act quickly terrorists’’ shall have the meanings given Whereas for 25 years, the Victims of Crime on this important legislation. The such terms in title 18, United States Code. Act of 1984 has provided funds to States for changes proposed are modest. They (e) SAVINGS CLAUSE.—Nothing in this sec- victim assistance and compensation pro- tion shall prevent the Attorney General, or make common sense. But the con- grams to support victims of crime and those any officer or employee of the Department of affected by violent crimes; sequences could be a matter of life and Justice, from apprehending or detaining an Whereas the Victims of Crime Act of 1984 death. individual as authorized by the Constitution enables approximately 4,400 community- Mr. President, I ask unanimous con- or laws of the United States except to the ex- based public and private programs to offer sent that the text of the bill be printed tent that activities incident to such appre- services to victims of crime, including crisis hension or detention are specifically identi- in the RECORD. intervention, counseling, guidance, legal ad- fied in subsection (a). There being no objection, the text of vocacy, and transportation shelters; the bill was ordered to be printed in f Whereas the Victims of Crime Act of 1984 provides assistance and monetary support to the RECORD, as follows: SUBMITTED RESOLUTIONS S. 2943 over 4,000,000 victims of crime each year; Whereas the Crime Victims Fund estab- Be it enacted by the Senate and House of Rep- lished under the Victims of Crime Act of 1984 resentatives of the United States of America in SENATE RESOLUTION 390—PROHIB- provides direct services to victims of sexual Congress assembled, ITING TEXT MESSAGING BY EM- assault, domestic violence, child abuse, sur- SECTION 1. CONSULTATION REQUIREMENT. PLOYEES OF THE SENATE WHILE vivors of homicide victims, elderly victims (a) IN GENERAL.—Subject to subsection (b), DRIVING ON OFFICIAL BUSINESS of abuse or neglect, victims of drunk drivers, no action shall be taken by the Attorney and other such crimes; General, or any officer or employee of the Mr. CASEY (for himself, Mr. SCHU- Whereas in 2008, with financial support Department of Justice, to— MER, and Mr. ROCKEFELLER) submitted from the Victims of Crime Act of 1984, State (1) initiate a custodial interrogation of; or the following resolution; which was re- crime victim compensation programs paid a (2) file a civilian criminal complaint, infor- ferred to the Committee on Rules and total of $432,000,000 to 151,643 victims of vio- mation, or indictment against; Administration: lent crime; any foreign person detained by the United S. RES. 390 Whereas since the establishment of the States Government because they may have Resolved, Crime Victims Fund in 1984, non-taxpayer of- engaged in conduct constituting an act of SECTION 1. PROHIBITION ON TEXT MESSAGING fender-generated funds deposited into the war against the United States, terrorism, or BY EMPLOYEES OF THE SENATE Crime Victims Fund have been used to pro- material support to terrorists, or activities WHILE DRIVING ON OFFICIAL BUSI- vide almost $7,500,000,000 to State crime vic- in preparation therefor. NESS. tim assistance programs and State crime (b) CONSULTATION.— (a) DEFINITIONS.—In this resolution— victim compensation programs; (1) IN GENERAL.—Subject to paragraph (2), (1) the term ‘‘employee of the Senate’’ the Attorney General shall consult with the means any employee whose pay is disbursed Whereas the Victims of Crime Act of 1984 Director of National Intelligence, the Direc- by the Secretary of the Senate; and also supports services to victims of Federal tor of the National Counterterrorism Center, (2) the term ‘‘text messaging’’ means read- crimes, by providing funds for victims and the Secretary of Homeland Security, and the ing from or entering data into any handheld witness coordinators in United States Attor- Secretary of Defense prior to taking any ac- or other electronic device, including for the neys’ offices, Federal Bureau of Investiga- tion identified in subsection (a). purpose of SMS texting, e-mailing, instant tion victim-assistance specialists, and the (2) PRESIDENTIAL DIRECTION.—If, following messaging, obtaining navigational informa- Federal Victim Notification System; and consultation under paragraph (1), the Direc- tion, or engaging in any other form of elec- Whereas the Victims of Crime Act of 1984 tor of National Intelligence, the Director of tronic data retrieval or electronic data com- also supports important improvements in the National Counterterrorism Center, the munication. the victim services field through grants for Secretary of Homeland Security, or the Sec- (b) PROHIBITION.—An employee of the Sen- training and technical assistance and evi- retary of Defense believe that any action ate may not engage in text messaging dence-based demonstration projects: Now, identified in subsection (a) and proposed by when— therefore, be it the Attorney General may prevent the col- (1) driving a Government owned or leased lection of intelligence related to terrorism vehicle; Resolved, That the Senate recognizes— or threats of violence against the United (2) driving a privately owned or leased ve- (1) the 25th anniversary of the enactment States or its citizens, the Attorney General hicle while on official business; or of the Victims of Crime Act of 1984 (42 U.S.C. may not initiate such action without specific (3) using text messaging equipment pro- 10601 et seq.); and direction from the President. vided by any office or committee of the Sen- (2) the substantial contributions to the (c) ANNUAL REPORT.—The Attorney Gen- ate while driving any vehicle at any time. Crime Victims Fund made through the eral shall report annually to appropriate (c) EFFECTIVE DATE AND APPLICATION.— criminal prosecutions conducted by United committees of jurisdiction regarding the This resolution shall apply to the 111th Con- States Attorneys’ offices and other compo- number of occasions on which direction was gress and each Congress thereafter. nents of the Department of Justice.

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.067 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S127 SENATE RESOLUTION 392—EX- patched the 82nd Airborne Division, a Marine SENATE RESOLUTION 393—RECOG- PRESSING THE SENSE OF THE Expeditionary Unit, the USS Carl Vinson, the NIZING THE CONTRIBUTIONS OF SENATE ON THE HUMANITARIAN USS Bataan, the United States Navy hos- THE AMERICAN KENNEL CLUB CATASTROPHE CAUSED BY THE pital ship, the USS Comfort, and several Dis- aster Assistant Response Teams, to aid in re- Mrs. HAGAN (for herself and Mr. JANUARY 12, 2010 EARTHQUAKE BURR) submitted the following resolu- IN HAITI lief efforts; Whereas the international community, tion; which was referred to the Com- Mr. KERRY (for himself, Mr. LUGAR, which has generously provided security, de- mittee on the Judiciary: Mr. NELSON of Florida, Mr. DODD, Mr. velopment, and humanitarian assistance to S. RES. 393 LEAHY, Mr. MENENDEZ, Mr. BURRIS, Ms. Haiti, has suffered a substantial blow during Whereas the American Kennel Club (AKC), STABENOW, Mr. SANDERS, Mr. BENNET, the earthquake with the collapse of the headquartered in New York City, with an op- Ms. MIKULSKI, Mr. DORGAN, Mr. JOHN- headquarters of the United Nations Sta- erations center in Raleigh, North Carolina, SON, Mr. DURBIN, Mr. UDALL of New bilization Mission in Haiti with approxi- was founded in 1884, operates the world’s Mexico, Mr. BAUCUS, Mr. BROWN, Mrs. mately 150 staff members inside, including largest registry of purebred dogs and is the Nation’s leading not-for-profit organization MURRAY, Mr. NELSON of Nebraska, Mr. the head of the mission, He´di Annabi, rep- devoted to the advancement, study, respon- HARKIN, Mr. CARPER, Mr. LAUTENBERG, resenting the largest single loss of life in sible breeding, care, and ownership of dogs; United Nations history; and Mr. KIRK, Mr. BEGICH, Mr. BAYH, Mr. Whereas the American Kennel Club ap- Whereas, despite the aforementioned WYDEN, Ms. KLOBUCHAR, Ms. CANTWELL, proves, sanctions, and regulates the events Mrs. FEINSTEIN, Mrs. SHAHEEN, Mr. losses, the United Nations continues to co- of its 609 member clubs and monitors more CASEY, Mr. CARDIN, Ms. LANDRIEU, Mrs. ordinate efforts on the ground in Haiti, and than 4000 licensed and sanctioned clubs GILLIBRAND, Mr. KOHL, Mr. INOUYE, Mr. the United Nations Secretary General Ban throughout the United States who hold Ki-Moon has pledged that ‘‘the community AKAKA, Mr. FEINGOLD, Mr. WHITEHOUSE, events under American Kennel Club rules of nations will unite in its resolve and help Mrs. HAGAN, Mr. REED, Mr. CORKER, and regulations; Haiti to overcome this latest trauma and Whereas in 2008, the American Kennel Club Mr. ROCKEFELLER, Mr. BARRASSO, Mr. begin the work of social and economic recon- sanctioned or regulated 22,630 sporting ISAKSON, Mr. KAUFMAN, and Mr. REID) struction that will carry this proud nation events that included breed conformation, submitted the following resolution; forward.’’. agility, obedience, earthdog, herding, field which was considered and agreed to: Now, therefore, be it trial, retrieving, pointing, tracking, and S. RES. 392 coonhound events; Resolved, That the Senate— Whereas the American Kennel Club honors Whereas, on January 12, 2010, an earth- (1) expresses profound sympathy to, and quake measuring 7.0 on the Richter scale and the canine-human bond, advocates for the unwavering support for, the people of Haiti, its aftershocks devastated Port-au-Prince, purebred dog as a family companion, ad- Haiti and the surrounding areas, killing po- who have suffered over many years and face vances canine health and well-being, works tentially 100,000 people, injuring hundreds of catastrophic conditions in the aftermath of to protect the rights of all dog owners, and thousands more people, and leaving many the January 12, 2010 earthquake, and sym- promotes responsible dog ownership; hundreds of thousands of people homeless; pathy to the members of the international Whereas the American Kennel Club pro- Whereas Haiti, which is the poorest coun- community in Haiti, including the staff of motes responsible dog ownership and breed- try in the Western Hemisphere, has an esti- the United States Embassy in Port-au- ing practices and supports thousands of vol- mated 54 percent of its population living on Prince; unteers and teachers from affiliated clubs less than $1 per day, 120,000 people living (2) applauds the rapid and concerted mobi- across the country who teach responsible dog with HIV, 29,333 new cases of Tuberculosis lization by President Obama to provide im- ownership and safety around dogs; reported in 2007, and nearly 400,000 children mediate emergency humanitarian assistance Whereas the American Kennel Club found- living in orphanages; to Haiti, and the leadership of Secretary of ed and supports the AKC Humane Fund, Whereas, despite the heroic efforts of the State Clinton, USAID Administrator Shah, which promotes the joy and value of respon- Haitian people and the support of the inter- and General Fraser of the United States sible pet ownership by supporting breed res- national community, Haiti remains seriously Southern Command in marshaling United cue activities, educating adults and children weakened by prior natural disasters, includ- States Government resources and personnel about responsible dog ownership, and assist- ing an unprecedented string of devastating to address both the short- and long-term cri- ing human-services organizations that per- tropical storms in 2008 that left almost 500 mit domestic abuse victims access to shel- ses in Haiti; Haitians dead and affected hundreds of thou- ters with their pets; (3) urges that all appropriate efforts be sands more people during an acute food cri- Whereas the American Kennel Club trains made to secure the safety of Haitian or- sis; and employs kennel inspectors and conducts Whereas these disasters have grievously phans; over 5,200 kennel inspections each year; undermined Haiti’s struggle to rebuild its in- (4) urges that all appropriate efforts be Whereas the American Kennel Club pro- frastructure and to restore critical services made to sustain assistance to Haiti beyond motes responsible dog ownership, care, and related to health, education, poverty, and the immediate humanitarian crisis to help handling of dogs to over 21,000 youths ages 9 hunger to create effective governmental and the Haitian people with appropriate humani- to 18 years old enrolled in its National Jun- nongovernmental institutions; tarian, developmental, and infrastructure as- ior Organization; Whereas Haiti has struggled for many sistance needed to overcome the effects of Whereas the American Kennel Club is the years to overcome systemic threats to public past disasters and the earthquake, and to se- largest purebred dog registry in the world health and shortages of food, potable water, cure a more stable and sustainable future; and the only registry that incorporates and cooking fuel, significant environmental (5) expresses appreciation for the inter- health screening results into its permanent degradation, and political and economic fra- national community’s ongoing and renewed dog records; gility; commitment to Haiti’s security and recov- Whereas the American Kennel Club offers Whereas, on January 13, 2010, President ery; the largest and most comprehensive set of Obama stated, ‘‘I have directed my adminis- (6) acknowledges the profound sympathy of DNA programs for the purposes of parentage tration to respond with a swift, coordinated, the people of the United States for the fami- verification and genetic identity to ensure and aggressive effort to save lives. The peo- lies and colleagues of United Nations offi- reliable registration records; ple of Haiti will have the full support of the cials who lost their lives and the continued Whereas the American Kennel Club created United States in the urgent effort to rescue and supports the Canine Health Foundation support for the peacekeepers who are work- those trapped beneath the rubble, and to de- (CHF), which funds research projects focus- ing around the clock to provide critical hu- liver the humanitarian relief—the food, ing on the genetics of disease, the canine ge- manitarian support for all those affected by water, and medicine—that Haitians will need nome map, and clinical studies, and has do- in the coming days.’’; the earthquake; nated over $22,000,000 to the CHF since 1995; Whereas on January 13, 2010, Rajiv Shah, (7) urges all nations to commit to assisting Whereas the American Kennel Club created the Director of the United States Agency for the people of Haiti with their long-term and operates DOGNY: America’s Tribute to International Development stated that the needs; and Search and Rescue Dogs, which supports ca- United States Government is ‘‘working ag- (8) expresses support for the United States nine search and rescue organizations across gressively and in a highly coordinated way Embassy team in Port-au-Prince, members the United States; across the Federal Government to bring all of the United States Coast Guard, United Whereas the American Kennel Club annu- of the assets and capacities we have to bear States Armed Forces, and other United ally awards $170,000 in scholarships to veteri- to quickly and effectively provide as much States Government agencies who are val- nary and veterinary technical students; assistance as possible.’’; iantly rescuing thousands of United States Whereas the American Kennel Club has re- Whereas, on January 14, 2010, President citizens and Haitians under extremely ad- united more than 340,000 lost pets and their Obama pledged $100,000,000 in immediate as- verse conditions. owners through the AKC Companion Animal sistance to the people of Haiti, and dis- Recovery (CAR) program;

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.062 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S128 CONGRESSIONAL RECORD — SENATE January 21, 2010 Whereas the American Kennel Club estab- cating world class physicians and scientists, ment to amendment SA 3299 proposed lished the AKC Canine Good Citizen pro- sponsoring cutting edge medical research, by Mr. BAUCUS (for Mr. REID) to the gram, which certifies dogs with good man- and providing highly specialized clinical joint resolution H.J. Res. 45, Official ners at home and in the community; care; and Title Not Available; as follows: Whereas the American Kennel Club main- (3) directs the Secretary of the Senate to tains the world’s largest dog library and the transmit an enrolled copy of this resolution At the appropriate place, insert the fol- lowing: Museum of the Dog in St. Louis, which to the Feinberg School of Medicine for ap- houses one of the world’s largest collections propriate display. SEC. ll. BIPARTISAN TASK FORCE FOR RESPON- SIBLE FISCAL ACTION ACT OF 2010. of dog-related fine art and artifacts, both of Mr. BURRIS. Mr. President, 150 years (a) SHORT TITLE.—This section may be which are open to the public; and ago, a group of outstanding doctors as- cited as the ‘‘Bipartisan Task Force for Re- Whereas the American Kennel Club cele- sembled to establish a new medical sponsible Fiscal Action Act of 2010’’. brates its 125th anniversary this year: Now, school, which would offer the first (b) ESTABLISHMENT OF TASK FORCE.—Title therefore, be it III of the Congressional Budget Act of 1974 (2 Resolved, That the Senate honors the graded medical curriculum in the his- tory of the U.S. U.S.C. 631 et seq.) is amended by adding at American Kennel Club for its service to dog the end the following new section: owners and the United States public. This medical college eventually be- came a part of the world-renowned ‘‘ESTABLISHMENT OF TASK FORCE FOR RESPONSIBLE FISCAL ACTION f Northwestern University—located just ‘‘SEC. 316. (a) DEFINITIONS.—In this section: outside of Chicago, IL—and grew to be- SENATE RESOLUTION 394—CON- ‘‘(1) TASK FORCE.—The term ‘Task Force’ GRATULATING THE NORTH- come one of the most prominent med- means the Bipartisan Task Force for Respon- WESTERN UNIVERSITY ical schools in the Nation. sible Fiscal Action established under sub- FEINBERG SCHOOL OF MEDICINE Today, it is known as the Feinberg section (b)(1). FOR ITS 150 YEARS OF COMMIT- School of Medicine, and it stands at ‘‘(2) TASK FORCE BILL.—The term ‘Task MENT TO ADVANCING SCIENCE the forefront of education, research, Force bill’ means a bill consisting of the pro- AND IMPROVING HEALTH clinical care, and many related fields. posed legislative language of the Task Force Today I am proud to join the stu- recommended under subsection (b)(3)(B) and Mr. BURRIS (for himself and Mr. dents, faculty and staff of the Feinberg introduced under subsection (e)(1). DURBIN) submitted the following reso- School in celebrating 150 years of ex- ‘‘(3) FISCAL IMBALANCE.—The term ‘fiscal imbalance’ means the gap between the pro- lution; which was referred to the Com- cellence. mittee on the Judiciary: jected revenues and expenditures of the Fed- Thanks to their fine work and their eral Government. S. RES. 394 lasting commitment to the highest ‘‘(b) ESTABLISHMENT OF TASK FORCE.— Whereas, on March 12, 1859, the origins of standards of medical care, thousands of ‘‘(1) ESTABLISHMENT.—There is established Northwestern University Feinberg School of lives have been saved. in the legislative branch a task force to be Medicine began with Drs. Hosmer A. John- Countless patients have received known as the ‘Bipartisan Task Force for Re- son, Edmund Andrews, Ralph N. Isham, and high-quality treatment from some of sponsible Fiscal Action’. David Rutter signing an agreement to estab- the most skilled caregivers in the med- ‘‘(2) PURPOSES.— lish the medical department of Lind Univer- ical profession. ‘‘(A) REVIEW.—The Task Force shall review sity, which provided the first graded cur- At the same time, the Feinberg the fiscal imbalance of the Federal Govern- riculum in a medical school in the United School has prepared the next genera- ment, including— States; ‘‘(i) analyses of projected Federal expendi- Whereas, on October 9, 1859, the medical tion of leaders, innovators, and re- tures; school marked its first session; searchers, who will shape the course of ‘‘(ii) analyses of projected Federal reve- Whereas, on April 26, 1864, the medical de- healthcare in this country for genera- nues; and partment of Lind University became Chicago tions to come. ‘‘(iii) analyses of the current and long-term Medical College; I would ask my colleagues to join actuarial financial condition of the Federal Whereas in 1870, Chicago Medical College with me in celebrating the hundred and Government. entered into an agreement with North- fiftieth anniversary of this outstanding ‘‘(B) IDENTIFY FACTORS.—The Task Force western University to serve as the Depart- institution, which is located in my shall identify factors that affect the long- ment of Medicine for the University; home state of Illinois. term fiscal imbalance of the Federal Govern- Whereas in 2002, the Northwestern Univer- Along with my good friend Senator ment. sity Board of Trustees renamed the medical ‘‘(C) ANALYZE POTENTIAL COURSES OF AC- DURBIN, I am proud to offer a Senate school in honor of benefactor Reuben TION.—The Task Force shall analyze poten- Feinberg; Resolution to mark this momentous tial courses of action to address factors that Whereas the Feinberg School of Medicine occasion, and to shine a spotlight on affect the long-term fiscal imbalance of the is one of the pre-eminent medical schools in one of the finest medical schools in the Federal Government. the Nation, producing the next generation of United States. ‘‘(D) PROVIDE RECOMMENDATIONS AND LEGIS- leaders in medical and related fields through As we are all well aware, health care LATIVE LANGUAGE.—The Task Force shall its innovative research and educational pro- is one of the most important issues in provide recommendations and legislative grams; America today. language that will significantly improve the Whereas the Feinberg School of Medicine But quite apart from the contentious long-term fiscal imbalance of the Federal supports the provision of the highest stand- debate that continues to capture so Government, which— ard of clinical care by its clinical affiliates much national attention, it is vital to ‘‘(i) may include recommendations ad- for their patients; dressing— Whereas the Feinberg School of Medicine recognize the exemplary work of insti- ‘‘(I) Federal expenditures; is cited annually in national college tutions such as this one. ‘‘(II) Federal revenues; and rankings as one of the top medical schools I invite my colleagues on both sides ‘‘(III) the current and long-term actuarial for research; of the aisle to come together to recog- financial condition of the Federal Govern- Whereas Feinberg School of Medicine nize the tremendous track record of ment; and alumni are leaders in their fields; the Feinberg School of Medicine, and ‘‘(ii) may not make recommendations Whereas the Feinberg School of Medicine their continuing contributions to modifying the Standing Rules of the Senate. is a leader in aligning experts from various health care services. ‘‘(3) DUTIES.— disciplines to create a collaborative research ‘‘(A) IN GENERAL.—The Task Force shall enterprise that explores the fertile discovery f address the Nation’s long-term fiscal imbal- space between disciplines; and AMENDMENTS SUBMITTED AND ances, consistent with the purposes described Whereas Feinberg School of Medicine fac- PROPOSED in paragraph (2), and shall submit the report ulty are nationally and internationally and recommendations required under sub- prominent physicians and scientists who SA 3302. Mr. CONRAD (for himself and Mr. paragraph (B). have an impact on the most pressing medical GREGG) proposed an amendment to amend- ‘‘(B) REPORT, RECOMMENDATIONS, AND LEG- and research issues: Now, therefore, be it ment SA 3299 proposed by Mr. BAUCUS (for ISLATIVE LANGUAGE.— Resolved, That the Senate— Mr. REID) to the joint resolution H.J. Res. 45, ‘‘(i) IN GENERAL.—Not earlier than Novem- (1) congratulates the Feinberg School of Official Title Not Available. ber 3, 2010, and not later than November 9, Medicine on the momentous occasion of its f 2010, the Task Force shall vote on a report 150th anniversary, and expresses best wishes TEXT OF AMENDMENTS that contains— for continued success; ‘‘(I) a detailed statement of the findings, (2) recognizes and commends the Feinberg SA 3302. Mr. CONRAD (for himself conclusions, and recommendations of the School of Medicine for its dedication to edu- and Mr. GREGG) proposed an amend- Task Force;

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‘‘(II) the assumptions, scenarios, and alter- Force. However, members may be allowed ‘‘(G) INFORMATION.— natives considered in reaching such findings, travel expenses, including per diem in lieu of ‘‘(i) RESOURCES.— conclusions, and recommendations; and subsistence, in accordance with sections 5702 ‘‘(I) IN GENERAL.—Notwithstanding section ‘‘(III) proposed legislative language to and 5703 of title 5, United States Code, while 1108 of title 31, United States Code, the Task carry out such recommendations as de- away from their homes or regular places of Force shall have authority to access assist- scribed in paragraph (2)(D). business in performance of services for the ance, materials, resources, statistical data, ‘‘(ii) APPROVAL OF REPORT.—The report of Task Force. and other information the Task Force deter- the Task Force submitted under clause (i) ‘‘(5) ADMINISTRATION.— mines to be necessary to carry out its duties shall require the approval of not fewer than ‘‘(A) AUTHORITY TO ESTABLISH RULES AND directly from an officer or employee of any 14 of the 18 members of the Task Force. REGULATIONS.—The Co-Chairs, in consulta- executive department, bureau, agency, ‘‘(iii) ADDITIONAL VIEWS.—A member of the tion with the other members of the Task board, commission, office, independent es- Task Force who gives notice of an intention Force, may establish rules and regulations tablishment, or instrumentality of the Gov- to file supplemental, minority, or additional for the conduct of Task Force business, if ernment, including the Library of Congress, views at the time of final Task Force ap- such rules and regulations are not incon- the Chief Actuary of the Social Security Ad- proval of the report under clause (ii), shall be sistent with this section or other applicable ministration, the Chief Actuary of the Cen- entitled to not less than 3 calendar days in law. ters for Medicare & Medicaid Services, the which to file such views in writing with the ‘‘(B) QUORUM.—Fourteen members of the Congressional Budget Office, the Department staff director of the Task Force. Such views Task Force shall constitute a quorum for of the Treasury, the Department of Health shall then be included in the Task Force re- purposes of voting, meeting, and holding and Human Services, the Office of Manage- port and printed in the same volume, or part hearings. ment and Budget, the Government Account- thereof, and their inclusion shall be noted on ‘‘(C) VOTING.— ability Office, and the Joint Committee on the cover of the report. In the absence of ‘‘(i) PROXY VOTING.—No proxy voting shall Taxation. Each agency or instrumentality timely notice, the Task Force report may be be allowed on behalf of the members of the shall, to the extent permitted by law, furnish printed and transmitted immediately with- Task Force. such information to the Task Force upon out such views. ‘‘(ii) REPORT, RECOMMENDATIONS AND LEGIS- written request of the Co-Chairs. ‘‘(iv) TRANSMISSION OF REPORT.—No later LATIVE LANGUAGE.— ‘‘(II) COPIES SUPPLIED.—Copies of written than November 15, 2010, the Task Force shall ‘‘(I) DATES.—The Task Force may not vote requests and all written or electronic re- submit the Task Force bill and final report on any version of the report, recommenda- sponses provided under this clause shall be to the President, the Vice President, the tions, or legislative language before the tim- provided to the staff director and shall be Speaker of the House, and the Majority and ing provided for in paragraph (3)(B)(i). made available for review by all members of Minority Leaders of both Houses. ‘‘(II) CONGRESSIONAL BUDGET OFFICE AND the Task Force upon request. ‘‘(v) REPORT TO BE MADE PUBLIC.—Upon the JOINT COMMITTEE ON TAXATION ESTIMATES.— ‘‘(ii) RECEIPT, HANDLING, STORAGE, AND DIS- approval or disapproval of the Task Force re- The Congressional Budget Office and Joint SEMINATION OF INFORMATION.—Information port pursuant to clause (ii), the Task Force Committee on Taxation shall provide esti- shall only be received, handled, stored, and shall promptly make the full report, and a mates of the Task Force report and rec- disseminated by members of the Task Force record of the vote, available to the public. ommendations (as described in subsection and its staff consistent with all applicable ‘‘(4) MEMBERSHIP.— (b)(2)(D)) in accordance with section 308(a) statutes, regulations, and Executive orders. ‘‘(A) IN GENERAL.—The Task Force shall be and 201(f) of the Congressional Budget Act of ‘‘(iii) LIMITATION OF ACCESS TO TAX INFOR- composed of 18 members designated pursuant 1974. The Task Force may not vote on any MATION.—Information accessed under this to subparagraph (B). version of the report, recommendations, or subparagraph shall not include tax data from ‘‘(B) DESIGNATION.—Members of the Task legislative language unless a final estimate the United States Internal Revenue Service, Force shall be designated as follows: is available for consideration by all the the release of which would otherwise be in ‘‘(i) The President shall designate 2 mem- members at least 72 hours prior to the vote. violation of law. bers, one of whom shall be the Secretary of ‘‘(D) MEETINGS.— ‘‘(H) POSTAL SERVICES.—The Task Force the Treasury, and the other of whom shall be ‘‘(i) INITIAL MEETING.—Not later than 45 may use the United States mails in the same an officer of the executive branch. days after the date of enactment of this sec- manner and under the same conditions as ‘‘(ii) The majority leader of the Senate tion, the Task Force shall hold its first other departments and agencies of the Fed- shall designate 4 members from among Mem- meeting. eral Government. bers of the Senate. ‘‘(ii) MEETINGS.—The Task Force shall ‘‘(I) ASSISTANCE FROM FEDERAL AGENCIES.— ‘‘(iii) The minority leader of the Senate meet at the call of the Co-Chairs or at least ‘‘(i) GENERAL SERVICES ADMINISTRATION.— shall designate 4 members from among Mem- 10 of its members. Upon the request of the Co-Chairs of the bers of the Senate. ‘‘(iii) AGENDA.—An agenda shall be pro- Task Force, the Administrator of General ‘‘(iv) The Speaker of the House of Rep- vided to the Task Force members at least 1 Services shall provide to the Task Force, on resentatives shall designate 4 members from week in advance of any meeting. Task Force a reimbursable basis, the administrative sup- among Members of the House of Representa- members who want to have items placed on port services necessary for the Task Force to tives. the agenda for consideration shall notify the carry out its responsibilities under this sec- ‘‘(v) The minority leader of the House of staff director as early as possible, but not tion. These administrative services may in- Representatives shall designate 4 members less than 48 hours in advance of a scheduled clude human resources management, budget, from among Members of the House of Rep- meeting. leasing, accounting, and payroll services. resentatives. ‘‘(E) HEARINGS.— ‘‘(ii) OTHER DEPARTMENTS AND AGENCIES.— ‘‘(C) CO-CHAIRS.— ‘‘(i) IN GENERAL.—Subject to subparagraph In addition to the assistance prescribed in ‘‘(i) IN GENERAL.—There shall be 2 Co- (G), the Task Force may, for the purpose of clause (i), departments and agencies of the Chairs of the Task Force. The President, ma- carrying out this section, hold such hear- United States may provide to the Task Force jority leader of the Senate, and Speaker of ings, sit and act at such times and places, such services, funds, facilities, staff, and the House shall designate one Co-Chair take such testimony, receive such evidence, other support services as they may deter- among the members of the Task Force. The and administer such oaths the Task Force mine advisable and as may be authorized by minority leader of the Senate and minority considers advisable. law. leader of the House shall designate the sec- ‘‘(ii) HEARING PROCEDURES AND RESPON- ‘‘(J) CONTRACT AUTHORITY.—The Task ond Co-Chair among the members of the SIBILITIES OF CO-CHAIRS.— Force is authorized to enter into contracts Task Force. The Co-Chairs shall be ap- ‘‘(I) ANNOUNCEMENT.—The Task Force Co- with Federal and State agencies, private pointed not later than 14 days after the date Chairs shall make public announcement of firms, institutions, and individuals for the of enactment of this section. the date, place, time, and subject matter of conduct of activity necessary to the dis- ‘‘(ii) STAFF DIRECTOR.—The Co-Chairs, act- any hearing to be conducted at least 1 week charge of its duties and responsibilities. A ing jointly, shall hire the staff director of in advance of such hearing, unless the Co- contract, lease, or other legal agreement en- the Task Force. Chairs determine that there is good cause to tered into by the Task Force may not extend ‘‘(D) DATE.—Members of the Task Force begin such hearing at an earlier date. beyond the date of the termination of the shall be designated by not later than 14 days ‘‘(II) WRITTEN STATEMENT.—A witness ap- Task Force. after the date of enactment of this section. pearing before the Task Force shall file a ‘‘(c) STAFF OF TASK FORCE.— ‘‘(E) PERIOD OF DESIGNATION.—Members written statement of proposed testimony at ‘‘(1) APPOINTMENT AND COMPENSATION OF shall be designated for the life of the Task least 2 days prior to appearance, unless the SHARED STAFF.—The Co-Chairs may appoint Force. Any vacancy in the Task Force shall requirement is waived by the Co-Chairs, fol- and fix the compensation of a staff director not affect its powers, but shall be filled not lowing their determination that there is and such other personnel as may be nec- later than 14 days after the date on which good cause for failure of compliance. essary to enable the Task Force to carry out the vacancy occurs in the same manner as ‘‘(F) TECHNICAL ASSISTANCE.—Upon written its functions, without regard to the provi- the original designation. request of the Co-Chairs, a Federal agency sions of title 5, United States Code, gov- ‘‘(F) COMPENSATION.—Members of the Task shall provide technical assistance to the erning appointments in the competitive Force shall serve without any additional Task Force in order for the Task Force to service, but at rates not to exceed the daily compensation for their work on the Task carry out its duties. rate paid a person occupying a position at

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level III of the Executive Schedule under sec- or outside public government may petition ‘‘(i) PROCEEDING TO CONSIDERATION.—It tion 5314 of title 5, United States Code. the Co-Chairs for a waiver from provisions of shall be in order, not later than 2 days of ses- ‘‘(2) ADDITIONAL STAFF FOR TASK FORCE Senate Ethics rules. sion after the date on which a Task Force MEMBERS.—Each member of the Task Force ‘‘(9) ADVISORY PANEL.—The Task Force bill is reported or discharged from all com- may appoint up to 2 additional dedicated may establish an advisory panel consisting mittees to which it was referred, for the ma- staff and fix the compensation of such dedi- of volunteers with knowledge and expertise jority leader of the House of Representatives cated personnel without regard to the provi- relevant to the Task Force’s purpose. Mem- or the majority leader’s designee, to move to sions of title 5, United States Code, gov- bership of the Advisory Panel, and the scope proceed to the consideration of the Task erning appointments in the competitive of the Panel’s activities, shall be decided by Force bill. It shall also be in order for any service, but at rates not to exceed the daily the Co-Chairs in consultation with the other Member of the House of Representatives to rate paid a person occupying a position at members of the Task Force. move to proceed to the consideration of the ‘‘(d) TERMINATION.— level III of the Executive Schedule under sec- Task Force bill at any time after the conclu- tion 5314 of title 5, United States Code. Dedi- ‘‘(1) IN GENERAL.—The Task Force shall sion of such 2-day period. All points of order cated staff shall report to each appointing terminate on the date that is 90 days after against the motion are waived. Such a mo- member. the Task Force submits the report required tion shall not be in order after the House has ‘‘(3) PERSONNEL AS FEDERAL EMPLOYEES.— under paragraph (b)(3)(B). disposed of a motion to proceed on the Task ‘‘(A) IN GENERAL.—The staff director and ‘‘(2) CONCLUDING ACTIVITIES.—The Task any personnel of the Task Force who are em- Force may use the 90-day period referred to Force bill. The previous question shall be ployees shall be employees under section 2105 in paragraph (1) for the purpose of con- considered as ordered on the motion to its of title 5, United States Code, for purposes of cluding its activities, including providing adoption without intervening motion. The chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that testimony to committees of Congress con- motion shall not be debatable. A motion to title. cerning its report and disseminating the reconsider the vote by which the motion is ‘‘(B) MEMBERS OF TASK FORCE.—Subpara- final report. disposed of shall not be in order. graph (A) shall not be construed to apply to ‘‘(e) EXPEDITED CONSIDERATION OF TASK ‘‘(ii) CONSIDERATION.—The Task Force bill members of the Task Force. FORCE RECOMMENDATIONS.— shall be considered as read. All points of ‘‘(4) OUTSIDE CONSULTANTS.—No outside ‘‘(1) INTRODUCTION.— order against the Task Force bill and against consultants or other personnel, either by ‘‘(A) RECONVENING.— its consideration are waived. The previous contract, detail, volunteer, or through a re- ‘‘(i) IN THE HOUSE OF REPRESENTATIVES.— question shall be considered as ordered on munerative agreement, may be hired with- Upon receipt of a report under subsection the Task Force bill to its passage without in- out the approval of the Co-Chairs. (b)(3)(B), the Speaker, if the House would tervening motion except 100 hours of debate ‘‘(5) DETAILEES.—With the approval of the otherwise be adjourned, shall notify the equally divided and controlled by the pro- Co-Chairs any Federal Government employee Members of the House that, pursuant to this ponent and an opponent, and any motion to may be detailed to the Task Force with or section, the House shall convene not later limit debate. A motion to reconsider the without reimbursement from the Task than November 23, 2010. vote on passage of the Task Force bill shall Force, and such detailee shall retain the ‘‘(ii) IN THE SENATE.— not be in order. rights, status, and privileges of his or her ‘‘(I) CONVENING.—Upon receipt of a report ‘‘(iii) APPEALS.—Appeals from decisions of regular employment without interruption. under subsection (b)(3)(B), if the Senate has the chair relating to the application of the Reimbursable amounts may include the fair adjourned or recessed for more than 2 days, Rules of the House of Representatives to the value of equipment and supplies used by the the majority leader of the Senate, after con- procedure relating to a Task Force bill shall detailee in support of the Task Force’s ac- sultation with the minority leader of the be decided without debate. tivities. For the purpose of this paragraph, Senate, shall notify the Members of the Sen- ‘‘(iv) APPLICATION OF HOUSE RULES.—Except Federal Government employees shall include ate that, pursuant to this section, the Senate to the extent specifically provided in para- employees of the legislative branch. shall convene not later than November 23, graph (2)(A), consideration of a Task Force ‘‘(6) CONSULTANT SERVICES.—The Co-Chairs 2010. bill shall be governed by the Rules of the ‘‘(II) ADJOURNING.—No concurrent resolu- of the Task Force are authorized to procure House of Representatives. It shall not be in tion adjourning the Senate for more than 3 the services of experts and consultants in ac- order in the House of Representatives to con- days shall be in order until the Senate votes cordance with section 3109 of title 5, United sider any Task Force bill introduced pursu- on passage of the Task Force bill under para- States Code, but at rates not to exceed the ant to the provisions of this subsection graph (2)(B)(iv). daily rate paid a person occupying a position under a suspension of the rules pursuant to ‘‘(B) INTRODUCTION OF TASK FORCE BILL.— at level III of the Executive Schedule under Clause 1 of House Rule XV, or under a special The proposed legislative language contained section 5316 of title 5, United States Code. rule reported by the House Committee on ‘‘(7) TEMPORARY AND INTERMITTENT SERV- in the report submitted pursuant to sub- Rules. ICES.—The Co-Chairs of the Task Force may section (b)(3)(B), upon receipt by the Con- ‘‘(v) NO AMENDMENTS.—No amendment to procure temporary and intermittent services gress, shall be introduced not later than No- the Task Force bill shall be in order in the under section 3109(b) of title 5, United States vember 23, 2010, in the Senate and in the House of Representatives. Code, at rates for individuals which do not House of Representatives by the majority ‘‘(vi) VOTE ON PASSAGE.—Immediately fol- exceed the daily equivalent of the annual leader of each House of Congress, for himself, rate of basic pay prescribed for level III of the minority leader of each House of Con- lowing the conclusion of consideration of the the Executive Schedule under section 5316 of gress, for himself, or any member of the Task Force bill, the vote on passage of the such title. House designated by the majority leader or Task Force bill shall occur without any in- ‘‘(8) VOLUNTEER SERVICES.— minority leader. If the Task Force bill is not tervening action or motion, requiring an af- ‘‘(A) IN GENERAL.—Notwithstanding the introduced in accordance with the preceding firmative vote of three-fifths of the Mem- provisions of section 1342 of title 31, United sentence in either House of Congress, then bers, duly chosen and sworn. If the Task States Code, the Co-Chairs of the Task Force any Member of that House may introduce Force bill is passed, the Clerk of the House of are authorized to accept and utilize the serv- the Task Force bill on any day thereafter. Representatives shall cause the bill to be ices of volunteers serving without compensa- Upon introduction, the Task Force bill shall transmitted to the Senate before the close of tion. The Task Force may reimburse such be referred to the appropriate committees the next day of session of the House. The volunteers for local travel and office sup- under subparagraph (C). vote on passage shall occur not later than plies, and for other travel expenses, includ- ‘‘(C) COMMITTEE CONSIDERATION.—A Task December 23, 2010. ing per diem in lieu of substance, as author- Force bill introduced in either House of Con- ‘‘(vii) VOTE.—The House Committee on ized by section 5703 of title 5, United States gress shall be jointly referred to the com- Rules may not report a rule or order that Code. mittee or committees of jurisdiction and the would have the effect of causing the Task ‘‘(B) EMPLOYEE STATUS.—A person pro- Committee on the Budget of that House, Force bill to be approved by a vote of less viding volunteer services to the Task Force which committees shall report the bill with- than three-fifths of the Members, duly cho- shall be considered an employee of the Fed- out any revision and with a favorable rec- sen and sworn. eral Government in the performance of those ommendation, an unfavorable recommenda- ‘‘(B) FAST TRACK CONSIDERATION IN SEN- services for the purposes of Chapter 81 of tion, or without recommendation, not later ATE.— title 5, United States Code, relating to com- than 7 calendar days after the date of intro- ‘‘(i) IN GENERAL.—Notwithstanding Rule pensation for work-related injuries, chapter duction of the bill in that House, or the first XXII of the Standing Rules of the Senate, it 171 of title 28, United States Code, relating day thereafter on which that House is in ses- is in order, not later than 2 days of session to tort claims and chapter 11 of title 18, sion. If any committee fails to report the bill after the date on which a Task Force bill is United States Code, relating to conflicts of within that period, that committee shall be reported or discharged from all committees interests. automatically discharged from consideration to which it was referred, for the majority ‘‘(C) ETHICAL GUIDELINES FOR STAFF.—In of the bill, and the bill shall be placed on the leader of the Senate or the majority leader’s the absence of statutorily defined coverage, appropriate calendar. designee to move to proceed to the consider- the staff, including staff director, shall fol- ‘‘(2) EXPEDITED PROCEDURES.— ation of the Task Force bill. It shall also be low the ethical rules and guidelines of the ‘‘(A) FAST TRACK CONSIDERATION IN HOUSE in order for any Member of the Senate to Senate. Staff coming from the private sector OF REPRESENTATIVES.— move to proceed to the consideration of the

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.065 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S131 Task Force bill at any time after the conclu- Task Force bill shall not be debatable. The mittee on Banking, Housing, and sion of such 2-day period. A motion to pro- vote on passage of the Task Force bill in the Urban Affairs be authorized to meet ceed is in order even though a previous mo- Senate shall be considered to be the vote on during the session of the Senate on tion to the same effect has been disagreed to. passage of the Task Force bill received from January 21, 2010, at 9:30 a.m. All points of order against the motion to the House of Representatives. proceed to the Task Force bill are waived. ‘‘(v) VETOES.—If the President vetoes the The PRESIDING OFFICER. Without The motion to proceed is not debatable. The Task Force bill, debate on a veto message in objection, it is so ordered. motion is not subject to a motion to post- the Senate under this section shall be 1 hour COMMITTEE ON ENERGY AND NATURAL pone. A motion to reconsider the vote by equally divided between the majority and RESOURCES which the motion is agreed to or disagreed to minority leaders or their designees. Mr. BAUCUS. Mr. President, I ask shall not be in order. If a motion to proceed ‘‘(3) SUSPENSION.—No motion to suspend unanimous consent that the Com- to the consideration of the Task Force bill is the application of this subsection shall be in mittee on Energy and Natural Re- agreed to, the Task Force bill shall remain order in the Senate or in the House of Rep- the unfinished business until disposed of. resentatives.’’. sources be authorized to meet during ‘‘(ii) DEBATE.—All points of order against (c) FUNDING.—From the amounts appro- the session of the Senate on January the Task Force bill and against consider- priated or made available and remaining un- 21, 2010, at 10 a.m., in room SD–366 of ation of the Task Force bill are waived. Con- obligated under Division A (other than under the Dirksen Senate Office Building. sideration of the Task Force bill and of all title X of Division A) of the American Recov- The PRESIDING OFFICER. Without debatable motions and appeals in connection ery and Reinvestment Act of 2009 (Pub. Law objection, it is so ordered. therewith shall not exceed a total of 100 111-5), there is rescinded pro rata an aggre- COMMITTEE ON FOREIGN RELATIONS hours. Debate shall be divided equally be- gate amount equal to $9,000,000, which tween the Majority and Minority Leaders or amount shall be made available without Mr. BAUCUS. Mr. President, I ask their designees. A motion further to limit need for further appropriation to the Bipar- unanimous consent that the Com- debate on the Task Force bill is in order, tisan Task Force for Responsible Fiscal Ac- mittee on Foreign Relations be author- shall require an affirmative vote of three- tion to carry out the purposes of the Bipar- ized to meet during the session of the fifths of the Members duly chosen and sworn, tisan Task Force for Responsible Fiscal Ac- Senate on January 21, 2010, at 3 p.m., to and is not debatable. Any debatable motion tion, and which shall remain available or appeal is debatable for not to exceed 1 hold a hearing entitled ‘‘Civilian Strat- through fiscal year 2011. Not later than 14 egy for Afghanistan: A Status Report hour, to be divided equally between those fa- days after the date of enactment of this sec- voring and those opposing the motion or ap- tion, the Director of the Office of Manage- in Advance of the London Conference.’’ peal. All time used for consideration of the ment and Budget shall administer the rescis- The PRESIDING OFFICER. Without Task Force bill, including time used for sion and make available such amount to the objection, it is so ordered. quorum calls and voting, shall be counted Bipartisan Task Force for Responsible Fiscal COMMITTEE ON THE JUDICIARY against the total 100 hours of consideration. Action. ‘‘(iii) NO AMENDMENTS.—An amendment to Mr. BAUCUS. Mr. President, I ask the Task Force bill, or a motion to postpone, f unanimous consent that the Com- mittee on the Judiciary be authorized or a motion to proceed to the consideration NOTICE OF HEARING of other business, or a motion to recommit to meet during the session of the Sen- the Task Force bill, is not in order. COMMITTEE ON ENERGY AND NATURAL ate on January 21, 2010, at 10 a.m. in ‘‘(iv) VOTE ON PASSAGE.—The vote on pas- RESOURCES SD–226 of the Dirksen Senate Office sage shall occur immediately following the Mr. BINGAMAN. Mr. President, I Building, to conduct an executive busi- conclusion of the debate on a Task Force would like to announce for the infor- bill, and a single quorum call at the conclu- ness meeting. sion of the debate if requested. Passage shall mation of the Senate and the public The PRESIDING OFFICER. Without require an affirmative vote of three-fifths of that a hearing has been scheduled be- objection, it is so ordered. the Members, duly chosen and sworn. The fore the Senate Committee on Energy EAST ASIA SUBCOMMITTEE vote on passage shall occur not later than and Natural Resources. The hearing Mr. BAUCUS. Mr. President, I ask December 23, 2010. will be held on Tuesday, February 9, unanimous consent that the Com- ‘‘(v) ADJOURNMENT.—If, by December 23, 2009, at 10 a.m., in room SD–366 of the mittee on Foreign Relations be author- 2010, either House has failed to adopt a mo- Dirksen Senate Office Building. tion to proceed to the Task Force bill, para- ized to meet during the session of the graph (1)(A)(ii)(II) shall not apply. The purpose of the hearing is to re- Senate on January 21, 2010, at 10 a.m., ‘‘(vi) RULINGS OF THE CHAIR ON PROCE- ceive testimony on the U.S. Depart- to hold an East Asia subcommittee DURE.—Appeals from the decisions of the ment of Energy’s Loan Guarantee Pro- hearing entitled ‘‘Principles of U.S. En- Chair relating to the application of the rules gram. gagement in Asia.’’ of the Senate, as the case may be, to the pro- Because of the limited time available The PRESIDING OFFICER. Without cedure relating to a Task Force bill shall be for the hearing, witnesses may testify objection, it is so ordered. decided without debate. by invitation only. However, those SELECT COMMITTEE ON INTELLIGENCE ‘‘(C) RULES TO COORDINATE ACTION WITH wishing to submit written testimony OTHER HOUSE.— Mr. BAUCUS. Mr. President, I ask ‘‘(i) REFERRAL.—If, before the passage by 1 for the hearing record may do so by sending it to the Committee on Energy unanimous consent that the Select House of a Task Force bill of that House, Committee on Intelligence be author- that House receives from the other House a and Natural Resources, United States ized to meet during the session of the Task Force bill, then the Task Force bill of Senate, Washington, D.C. 20510–6150, or the other House shall not be referred to a by e-mail to Abigail_Campbell@ Senate on January 21, 2010 at 2:30 p.m. The PRESIDING OFFICER. Without committee and shall immediately be placed energy.senate.gov. on the calendar. For further information, please con- objection, it is so ordered. ‘‘(ii) PROCEDURE.—If the Senate receives f the Task Force bill passed by the House of tact Mike Carr at (202) 224–8164 or Abi- Representatives before the Senate has voted gail Campbell at (202) 224–1219. PRIVILEGES OF THE FLOOR on passage of the Task Force bill— f Mr. BAUCUS. Mr. President, on be- ‘‘(I) the procedure in the Senate shall be AUTHORITY FOR COMMITTEES TO half of Mr. DODD, I ask unanimous con- the same as if no Task Force bill had been sent that Deborah Katz, a member of received from House of Representatives; and MEET ‘‘(II) the vote on passage in the Senate his staff, be granted the privilege of the COMMITTEE ON ARMED SERVICES shall be on the Task Force bill of the House floor for the duration of the consider- of Representatives. Mr. BAUCUS. Mr. President, I ask ation of H.J. Res. 45. ‘‘(iii) TREATMENT OF TASK FORCE BILL OF unanimous consent that the Com- The PRESIDING OFFICER. Without OTHER HOUSE.—If 1 House fails to introduce mittee on Armed Services be author- objection, it is so ordered. or consider a Task Force bill under this sec- ized to meet during the session of the f tion, the Task Force bill of the other House Senate on January 21, 2010, at 9:30 a.m. shall be entitled to expedited floor proce- The PRESIDING OFFICER. Without WASHINGTON METROPOLITAN dures under this section. objection, it is so ordered. AREA TRANSIT REGULATION ‘‘(iv) TREATMENT OF COMPANION MEASURES COMMITTEE ON BANKING, HOUSING, AND URBAN COMPACT AMENDMENTS IN THE SENATE.—If following passage of the Task Force bill in the Senate, the Senate AFFAIRS Mr. DORGAN. Mr. President, I ask then receives the Task Force bill from the Mr. BAUCUS. Mr. President, I ask unanimous consent that the Judiciary House of Representatives, the House-passed unanimous consent that the Com- Committee be discharged from further

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.065 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S132 CONGRESSIONAL RECORD — SENATE January 21, 2010 consideration of S.J. Res. 25 and the Motor Vehicles of the Commonwealth of Vir- services to victims of crime, including crisis Senate proceed to its immediate con- ginia, 1 member appointed by the Governor intervention, counseling, guidance, legal ad- sideration. of Maryland from the Maryland Public Serv- vocacy, and transportation shelters; The PRESIDING OFFICER. Without ice Commission, and 1 member appointed by Whereas the Victims of Crime Act of 1984 the Mayor of the District of Columbia from provides assistance and monetary support to objection, it is so ordered. a District of Columbia agency with oversight over 4,000,000 victims of crime each year; The clerk will report the resolution of matters relating to the Commission.’’. Whereas the Crime Victims Fund estab- by title. (2) Section 1 is amended by inserting at the lished under the Victims of Crime Act of 1984 The assistant legislative clerk read end the following: provides direct services to victims of sexual as follows: ‘‘(d) An amendment to section 1(a) of this assault, domestic violence, child abuse, sur- A joint resolution (S.J. Res. 25) granting article shall not affect any member in office vivors of homicide victims, elderly victims the consent and approval of Congress to on the amendment’s effective date.’’. of abuse or neglect, victims of drunk drivers, amendments made by the State of Maryland, SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL. and other such crimes; the Commonwealth of Virginia, and the Dis- The right to alter, amend, or repeal this Whereas in 2008, with financial support trict of Columbia to the Washington Metro- Act is expressly reserved. from the Victims of Crime Act of 1984, State politan Area Transit Regulation Compact. SEC. 3. CONSTRUCTION AND SEVERABILITY. crime victim compensation programs paid a The PRESIDING OFFICER. Without It is intended that the provisions of this total of $432,000,000 to 151,643 victims of vio- compact shall be reasonably and liberally lent crime; objection, the committee is discharged. Whereas since the establishment of the There being no objection, the Senate construed to effectuate the purposes thereof. If any part or application of this compact, or Crime Victims Fund in 1984, non-taxpayer of- proceeded to consider the joint resolu- fender-generated funds deposited into the tion. legislation enabling the compact, is held in- valid, the remainder of the compact or its Crime Victims Fund have been used to pro- Mr. DORGAN. Mr. President, I ask application to other situations or persons vide almost $7,500,000,000 to State crime vic- unanimous consent that the joint reso- shall not be affected. tim assistance programs and State crime lution be read a third time and passed, victim compensation programs; SEC. 4. INCONSISTENCY OF LANGUAGE. Whereas the Victims of Crime Act of 1984 the preamble be agreed to, the motions The validity of these amendments to the to reconsider be laid upon the table, also supports services to victims of Federal compact shall not be affected by any insub- crimes, by providing funds for victims and with no intervening action or debate, stantial differences in its form or language witness coordinators in United States Attor- and that any statements related to the as adopted by the State of Maryland, Com- neys’ offices, Federal Bureau of Investiga- measure be printed in the RECORD. monwealth of Virginia and District of Co- tion victim-assistance specialists, and the The PRESIDING OFFICER. Without lumbia. Federal Victim Notification System; and objection, it is so ordered. SEC. 5. EFFECTIVE DATE. Whereas the Victims of Crime Act of 1984 The joint resolution (S.J. Res. 25) This Act shall take effect on the date of also supports important improvements in was ordered to be engrossed for a third enactment of this Act. the victim services field through grants for reading, was read the third time, and f training and technical assistance and evi- dence-based demonstration projects: Now, passed. RECOGNIZING THE 25TH ANNIVER- therefore, be it The preamble was agreed to. SARY OF THE ENACTMENT OF Resolved, That the Senate recognizes— The joint resolution, with its pre- THE VICTIMS OF CRIME ACT OF (1) the 25th anniversary of the enactment amble, reads as follows: 1984 of the Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.); and S.J. RES. 25 Mr. DORGAN. Mr. President, I ask Whereas the State of Maryland, the Com- (2) the substantial contributions to the unanimous consent that the Senate Crime Victims Fund made through the monwealth of Virginia, and the District of now proceed to the consideration of S. Columbia entered into the Washington Met- criminal prosecutions conducted by United ropolitan Area Transit Regulation Compact Res. 391 which was submitted earlier States Attorneys’ offices and other compo- in 1960 with the consent of Congress in Pub- today. nents of the Department of Justice. lic Law No. 86–794, 74 Stat. 1031; The PRESIDING OFFICER. The f Whereas the State of Maryland, the Com- clerk will report. EXPRESSING THE SENSE OF THE monwealth of Virginia, and the District of The assistant legislative clerk read SENATE ON THE HUMANITARIAN Columbia amended titles I and II of the Com- as follows: pact in 1962 and 1990 with the consent of Con- CATASTROPHE CAUSED BY THE A resolution (S. Res. 391) recognizing the gress in Public Law No. 87–767, 76 Stat. 764, JANUARY 12, 2010, EARTHQUAKE 25th anniversary of the enactment of the and Public Law No. 101–505, 104 Stat. 1300, re- IN HAITI Victims of Crime Act of 1984 (42 U.S.C. 10601 spectively; et seq.) and the substantial contributions to Mr. DORGAN. Mr. President, I ask Whereas legislation enacted by the State the Crime Victims Fund made through the of Maryland (2008 Md. Laws c. 32 and 2009 Md. unanimous consent that the Senate criminal prosecutions conducted by United Laws c. 76) the Commonwealth of Virginia proceed to the immediate consider- States Attorneys’ offices and other compo- (2007 Va. Acts c. 378 and 2009 Va. Acts c. 540) ation of S. Res. 392 submitted earlier nents of the Department of Justice. and the District of Columbia (D.C. Act 17– today. 622) contain amendments to article III of There being no objection, the Senate The PRESIDING OFFICER. The title I of the Compact regarding appoint- proceeded to consider the resolution. clerk will report the resolution by ment of members to the Washington Metro- Mr. DORGAN. Mr. President, I ask title. politan Area Transit Commission; and unanimous consent that the resolution The assistant legislative clerk read Whereas the consent of Congress is re- be agreed to, the preamble be agreed as follows: quired in order to implement such amend- to, and the motions to reconsider be ments: Now, therefore, be it A resolution (S. Res. 392) expressing the Resolved by the Senate and House of Rep- laid upon the table. sense of the Senate on the humanitarian ca- resentatives of the United States of America in The PRESIDING OFFICER. Without tastrophe caused by the January 12, 2010 Congress assembled, objection, it is so ordered. earthquake in Haiti. SECTION 1. CONSENT OF CONGRESS TO COM- The resolution (S. Res. 391) was There being no objection, the Senate PACT AMENDMENTS. agreed to. proceeded to consider the resolution. (a) CONSENT.—Consent of Congress is given The preamble was agreed to. Mr. DORGAN. Mr. President, I ask to the amendments of the State of Maryland, The resolution, with its preamble, unanimous consent that the resolution the amendments of the Commonwealth of reads as follows: Virginia, and the amendments of the District be agreed to, the preamble be agreed of Columbia to article III of title I of the S. RES. 391 to, the motions to reconsider be laid Washington Metropolitan Area Transit Reg- Whereas the Victims of Crime Act of 1984 upon the table, with no intervening ac- ulation Compact. had its 25th anniversary in 2009; tions or debate, and that any state- (b) AMENDMENTS.—The amendments re- Whereas for 25 years, the Victims of Crime ments related to the resolution be ferred to in subsection (a) are substantially Act of 1984 has provided funds to States for printed in the RECORD. as follows: victim assistance and compensation pro- The PRESIDING OFFICER. Without (1) Section 1(a) is amended to read as fol- grams to support victims of crime and those lows: affected by violent crimes; objection, it is so ordered. ‘‘(a) The Commission shall be composed of Whereas the Victims of Crime Act of 1984 The resolution (S. Res. 392) was 3 members, 1 member appointed by the Gov- enables approximately 4,400 community- agreed to. ernor of Virginia from the Department of based public and private programs to offer The preamble was agreed to.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.081 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S133 The resolution, with its preamble, Now, therefore, be it ADJOURNMENT UNTIL 9:30 A.M. reads as follows: Resolved, That the Senate— TOMORROW S. RES. 392 (1) expresses profound sympathy to, and unwavering support for, the people of Haiti, Mr. DORGAN. Mr. President, if there Whereas, on January 12, 2010, an earth- who have suffered over many years and face is no further business to come before quake measuring 7.0 on the Richter scale and catastrophic conditions in the aftermath of the Senate, I ask unanimous consent its aftershocks devastated Port-au-Prince, the January 12, 2010 earthquake, and sym- that it adjourn under the previous Haiti and the surrounding areas, killing po- pathy to the members of the international tentially 100,000 people, injuring hundreds of order. thousands more people, and leaving many community in Haiti, including the staff of There being no objection, the Senate, hundreds of thousands of people homeless; the United States Embassy in Port-au- at 7:11 p.m., adjourned until Friday, Whereas Haiti, which is the poorest coun- Prince; January 22, 2010, at 9:30 a.m. (2) applauds the rapid and concerted mobi- try in the Western Hemisphere, has an esti- f mated 54 percent of its population living on lization by President Obama to provide im- less than $1 per day, 120,000 people living mediate emergency humanitarian assistance NOMINATIONS with HIV, 29,333 new cases of Tuberculosis to Haiti, and the leadership of Secretary of State Clinton, USAID Administrator Shah, Executive nominations received by reported in 2007, and nearly 400,000 children the Senate: living in orphanages; and General Fraser of the United States IN THE AIR FORCE Whereas, despite the heroic efforts of the Southern Command in marshaling United Haitian people and the support of the inter- States Government resources and personnel THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED national community, Haiti remains seriously to address both the short- and long-term cri- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE ses in Haiti; OF THE AIR FORCE TO THE GRADES INDICATED UNDER weakened by prior natural disasters, includ- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: (3) urges that all appropriate efforts be ing an unprecedented string of devastating To be major general tropical storms in 2008 that left almost 500 made to secure the safety of Haitian or- phans; BRIGADIER GENERAL SAMUEL C. HEADY Haitians dead and affected hundreds of thou- BRIGADIER GENERAL WILLIAM E. HUDSON sands more people during an acute food cri- (4) urges that all appropriate efforts be BRIGADIER GENERAL GARY T. MAGONIGLE sis; made to sustain assistance to Haiti beyond BRIGADIER GENERAL JAMES M. MCCORMACK the immediate humanitarian crisis to help BRIGADIER GENERAL ALEX D. ROBERTS Whereas these disasters have grievously BRIGADIER GENERAL GREGORY J. SCHWAB undermined Haiti’s struggle to rebuild its in- the Haitian people with appropriate humani- To be brigadier general frastructure and to restore critical services tarian, developmental, and infrastructure as- related to health, education, poverty, and sistance needed to overcome the effects of COLONEL CARL F. BESS, JR. past disasters and the earthquake, and to se- COLONEL GREGORY J. BIERNACKI hunger to create effective governmental and COLONEL JAMES C. BLAYDON nongovernmental institutions; cure a more stable and sustainable future; COLONEL FRANCIS X. CARILLO Whereas Haiti has struggled for many (5) expresses appreciation for the inter- COLONEL DEBORAH L. CARTER national community’s ongoing and renewed COLONEL ROBERT F. CAYTON years to overcome systemic threats to public COLONEL WILLIAM J. CRISLER, JR. health and shortages of food, potable water, commitment to Haiti’s security and recov- COLONEL GREGORY L. FERGUSON and cooking fuel, significant environmental ery; COLONEL JAMES E. FREDREGILL (6) acknowledges the profound sympathy of COLONEL ANTHONY P. GERMAN degradation, and political and economic fra- COLONEL ANN M. GREENLEE gility; the people of the United States for the fami- COLONEL MARK D. HAMMOND Whereas, on January 13, 2010, President lies and colleagues of United Nations offi- COLONEL RICHARD N. HARRIS, JR. cials who lost their lives and the continued COLONEL MARK E. JANNITTO Obama stated, ‘‘I have directed my adminis- COLONEL LARRY R. KAUFFMAN tration to respond with a swift, coordinated, support for the peacekeepers who are work- COLONEL JON K. KELK and aggressive effort to save lives. The peo- ing around the clock to provide critical hu- COLONEL DAVID T. KELLY manitarian support for all those affected by COLONEL JOHN E. KENT ple of Haiti will have the full support of the COLONEL DONALD M. LAGOR United States in the urgent effort to rescue the earthquake; COLONEL MICHAEL E. LOH those trapped beneath the rubble, and to de- (7) urges all nations to commit to assisting COLONEL CONSTANCE C. MCNABB the people of Haiti with their long-term COLONEL CLAYTON W. MOUSHON liver the humanitarian relief—the food, COLONEL PHILLIP E. MURDOCK water, and medicine—that Haitians will need needs; and COLONEL JOHN E. MURPHY in the coming days.’’; (8) expresses support for the United States COLONEL GERALD E. OTTERBEIN Embassy team in Port-au-Prince, members COLONEL MARTIN J. PARK Whereas on January 13, 2010, Rajiv Shah, COLONEL NICHOLAS S. RANTIS the Director of the United States Agency for of the United States Coast Guard, United COLONEL ROBERT L. SHANNON, JR. International Development stated that the States Armed Forces, and other United COLONEL CASSIE A. STROM States Government agencies who are val- COLONEL GREGORY N. STROUD United States Government is ‘‘working ag- COLONEL THOMAS A. THOMAS, JR. gressively and in a highly coordinated way iantly rescuing thousands of United States COLONEL CAROL A. TIMMONS across the Federal Government to bring all citizens and Haitians under extremely ad- COLONEL STEVEN J. VERHELST verse conditions. COLONEL TONY L. WEST of the assets and capacities we have to bear COLONEL ROBERT S. WILLIAMS to quickly and effectively provide as much COLONEL MICHAEL A. WOBBEMA assistance as possible.’’; f IN THE ARMY Whereas, on January 14, 2010, President THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Obama pledged $100,000,000 in immediate as- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- sistance to the people of Haiti, and dis- ORDERS FOR FRIDAY, JANUARY CATED UNDER TITLE 10, U.S.C., SECTION 12203: patched the 82nd Airborne Division, a Marine 22, 2010 To be major general Expeditionary Unit, the USS Carl Vinson, Mr. DORGAN. Mr. President, I ask BRIG. GEN. WILLIAM D. FRINK, JR. the USS Bataan, the United States Navy IN THE AIR FORCE hospital ship, the USS Comfort, and several unanimous consent that when the Sen- Disaster Assistant Response Teams, to aid in ate completes its business today, it ad- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT journ until Friday, January 22, at 9:30 TO THE GRADE INDICATED IN THE UNITED STATES AIR relief efforts; FORCE UNDER TITLE 10, U.S.C., SECTION 624: Whereas the international community, a.m.; that following the prayer and the To be lieutenant colonel which has generously provided security, de- pledge, the Journal of proceedings be velopment, and humanitarian assistance to ANTHONY N. DILLS approved to date, the morning hour be MICHAEL S. DUNKEL Haiti, has suffered a substantial blow during deemed to have expired, the time for BRADFORD S. GREEN the earthquake with the collapse of the the two leaders be reserved for their MICHAEL K. LEE headquarters of the United Nations Sta- MICHAEL D. MILLER use later in the day, and that the Sen- bilization Mission in Haiti with approxi- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT mately 150 staff members inside, including ate resume consideration of H.J. Res. TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: the head of the mission, He´di Annabi, rep- 45, the debt limit. resenting the largest single loss of life in The PRESIDING OFFICER. Without To be major United Nations history; and objection, it is so ordered. MATTHEW A. BAACK Whereas, despite the aforementioned ANDREW J. BRODER NICHOLAS J. SABULA losses, the United Nations continues to co- f NATE A. TERNING ordinate efforts on the ground in Haiti, and ROCKY ZACCHEUS the United Nations Secretary General Ban IN THE ARMY Ki-Moon has pledged that ‘‘the community PROGRAM THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR of nations will unite in its resolve and help APPOINTMENT TO THE GRADE INDICATED IN THE Haiti to overcome this latest trauma and Mr. DORGAN. Mr. President, for the UNITED STATES ARMY VETERINARY CORPS UNDER begin the work of social and economic recon- information of Senators, there will be TITLE 10, U.S.C., SECTION 531 AND 3064: struction that will carry this proud nation no rollcall votes during tomorrow’s To be lieutenant colonel forward.’’. session of the Senate. BESS J. PIERCE

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 9801 E:\CR\FM\G21JA6.083 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S134 CONGRESSIONAL RECORD — SENATE January 21, 2010 THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR KELLY A. SUPPLE To be lieutenant commander APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER POINTMENT IN THE GRADES INDICATED IN THE UNITED JACOB R. HILL TITLE 10, U.S.C., SECTIONS 531 AND 3064: STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: RODNEY J. NORTON To be major CARL F. SCHOLLE To be lieutenant colonel WILLIAM R. WOODFIN JANINE G. ALLBRITTON SCOTT J. PIECEK SCOTT D. DEBOLT f GLENN E. DEETMAN THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR SHAUNA M. HAUSER APPOINTMENT TO THE GRADE INDICATED IN THE ERIC A. HOGGARD WITHDRAWALS UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, RICKY V. KYLES U.S.C., SECTIONS 531 AND 3064: MICHAEL C. MOLONEY Executive message transmitted by To be major CHARLES H. NELSON the President to the Senate on January LUIS D. SOLANO JUAN G. LOPEZ 21, 2010 withdrawing from further Sen- THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR To be major ate consideration the following nomi- APPOINTMENT TO THE GRADE INDICATED IN THE YUSHA A. ALI nations: UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, MARK L. ALLEN U.S.C., SECTIONS 531 AND 3064: ZAHI K. BOURJEILI ERROLL G. SOUTHERS, OF CALIFORNIA, TO BE AN AS- To be major JOHN A. COFIELD SISTANT SECRETARY OF HOMELAND SECURITY, VICE ED- KEITH G. HARLEY MUND S. HAWLEY, RESIGNED, WHICH WAS SENT TO THE JERI R. REGAN GEORGE B. INABINET SENATE ON SEPTEMBER 17, 2009. SCOTT B. JACKSON JIDE J. ZEITLIN, OF NEW YORK, TO BE REPRESENTA- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TODD S. REED TIVE OF THE UNITED STATES OF AMERICA TO THE TO THE GRADE INDICATED IN THE UNITED STATES ARMY VICTOR H. SUNDQUIST UNITED NATIONS FOR U.N. MANAGEMENT AND REFORM, UNDER TITLE 10, U.S.C., SECTION 624: OWEN T. WARD WITH THE RANK OF AMBASSADOR, WHICH WAS SENT TO To be major AUDREY D. WILSON THE SENATE ON SEPTEMBER 24, 2009. JIDE J. ZEITLIN, OF NEW YORK, TO BE ALTERNATE ROBIN T. WORCH IN THE NAVY REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY OF THE THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR THE FOLLOWING NAMED OFFICER FOR REGULAR AP- UNITED NATIONS DURING HIS TENURE OF SERVICE AS APPOINTMENT TO THE GRADES INDICATED IN THE POINTMENT IN THE GRADE INDICATED IN THE UNITED REPRESENTATIVE OF THE UNITED STATES OF AMERICA UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND TO THE UNITED NATIONS FOR U.N. MANAGEMENT AND U.S.C., SECTIONS 531 AND 3064: 5582: REFORM, WHICH WAS SENT TO THE SENATE ON SEP- To be lieutenant colonel TEMBER 24, 2009. To be lieutenant commander ROSZELL HUNTER, OF VIRGINIA, TO BE A MEMBER OF TYLER E. HARRIS ROLDAN C. MINA THE BOARD OF DIRECTORS OF THE EXPORT-IMPORT To be major BANK OF THE UNITED STATES FOR A TERM EXPIRING THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JANUARY 20, 2013, VICE J. JOSEPH GRANDMAISON, TERM PETER R. PURRINGTON IN THE GRADE INDICATED IN THE UNITED STATES NAVY EXPIRED, WHICH WAS SENT TO THE SENATE ON OCTOBER ENRIQUE RIVERA UNDER TITLE 10, U.S.C., SECTION 5589: 1, 2009.

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 9801 E:\CR\FM\A21JA6.040 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE