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

Vol. 155 WASHINGTON, WEDNESDAY, JUNE 17, 2009 No. 91 Senate The Senate met at 9:30 a.m. and was Mr. UDALL of New Mexico thereupon We passed the lands bill, the most called to order by the Honorable TOM assumed the chair as Acting President significant environmental legislation UDALL, a Senator from the State of pro tempore. in more than a quarter of a century, New Mexico. f creating more than 2 million acres of wilderness, 1,000 miles of scenic rivers, RECOGNITION OF THE MAJORITY PRAYER hundreds of miles of trails, and many LEADER The Chaplain, Dr. Barry C. Black, of- other good things in this very impor- fered the following prayer: The ACTING PRESIDENT pro tem- tant legislation. Let us pray. pore. The majority leader is recog- We passed the Lilly Ledbetter legis- Almighty God, eternal and unchange- nized. lation equalizing pay between men and able, we pray for this Nation, its peo- f women. ple, and its institutions in these chal- SCHEDULE We passed the Children’s Health In- lenging times. If we have forsaken You, surance Program which had been ve- Mr. REID. Mr. President, following do not abandon us. If we have sinned, toed by President Bush on several oc- leader remarks, we will be in a period forgive us. If we have been mistaken, casions. Now more than 14 million chil- for the transaction of morning business correct us. Lord, let Your grace be suf- dren can go to the doctor when they for an hour. Senators will be allowed to ficient for all our needs. Lift the efforts are sick or hurt. speak for up to 10 minutes each. Repub- of this body into the higher reaches of We passed the economic recovery licans will control the first half and Your kingdom, guiding and strength- package. Twenty-five percent of that the majority will control the second 30 ening our Senators in the discharge of money is out. The rest is coming. minutes. Following morning business, their duties. Bless their work as You We passed the omnibus spending the Senate will resume consideration strengthen them by Your spirit to bill—very important legislation which of the motion to proceed to the Travel honor You. had been held up by the Bush adminis- Promotion Act postcloture. Following We pray in Your great Name. Amen. tration. We spent $1.2 trillion of the adoption of the motion to proceed to f the travel bill later this afternoon, we people’s money within a period of 3 PLEDGE OF ALLEGIANCE will turn to the emergency supple- weeks. Why did we do that? We did it because Mark Zandi, among others, The Honorable TOM UDALL led the mental appropriations conference re- port. Senator MCCAIN’s chief economic ad- Pledge of Allegiance, as follows: viser, Republican economists, and I pledge allegiance to the Flag of the I am disappointed that we are again wasting time on a heavily bipartisan Democratic economists told us we had United States of America, and to the Repub- to do this to stop a worldwide depres- lic for which it stands, one nation under God, bill, the Travel Promotion Act, which indivisible, with liberty and justice for all. has wide support by both the Demo- sion, and we have done that. As Chair- man Bernanke said, the crops have f crats and Republicans. But the Repub- licans forced us to have a vote on clo- been planted and the shoots are now APPOINTMENT OF ACTING ture to allow us to get on the bill. All appearing out of the ground. PRESIDENT PRO TEMPORE the Republicans voted for it. They are We went on to pass a procurement The PRESIDING OFFICER. The filibustering things they even agree bill—extremely important—to rein in clerk will please read a communication with just to stall for time. This is 30 the excessive expenses of what has to the Senate from the President pro hours we could use to do a lot of good. taken place in years past with the Pen- tempore (Mr. BYRD). I don’t know what would be the ration- tagon, overspending money we give The assistant legislative clerk read ale for wasting this time. Maybe they them; that is, something is supposed to the following letter: don’t want President Obama to com- cost this much and winds up costing U.S. SENATE, plete more legislation through us. It is twice as much. PRESIDENT PRO TEMPORE, beyond my ability to comprehend why We were able to pass national service Washington, DC, June 17, 2009. we would waste this time. legislation, allowing 750,000 people in To the Senate: It has been written and talked about America to be involved in public serv- Under the provisions of rule I, paragraph 3, that this is the most accomplished ice, dealing with the environment, of the Standing Rules of the Senate, I hereby Congress since the first year of the health care, the poor. During the 7,000 appoint the Honorable TOM UDALL, a Senator from the State of New Mexico, to perform Roosevelt administration. I don’t have hours they volunteer, they get a small the duties of the Chair. before me all the legislation we have stipend. When they finish, they get an ROBERT C. BYRD, done, but I am going to try to recall amount of money to help with their President pro tempore. some of the things we have done. college education.

∑ 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 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.000 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6670 CONGRESSIONAL RECORD — SENATE June 17, 2009 Credit card legislation—so impor- leaders, should not be unwilling to all we hear from the Republicans these tant—we finally were able to do it. work together. The challenges we face days. Instead of debating facts, Repub- After years of talking about doing it, have left no one unscathed. We are all licans have committed themselves to a we did it to stop the ripoffs of these in this hole together, and the only way strategy of misinformation and mis- credit card companies and what they we climb out of this hole is by doing so representation. were doing to hurt Americans—all together. We have different priorities. We are Americans. When the American people spoke last committed to lowering the high cost of We passed tobacco legislation. I can year, they gave us, above all, a man- health care, ensuring every American remember, when I was working in the date for bipartisanship. It was in that has access to that quality, affordable Capitol of the United States going to spirit that I wrote my Republican col- care and letting people choose their law school, the Surgeon General came leagues this spring. In that letter, I own doctors, hospitals, and health out with the first report that smoking said one of the best ways to lift our plans. We are committed to protecting was bad for you. Some people thought economy is to keep down health care existing coverage when it is good and that was the case, but the Surgeon costs. Almost 50 million Americans improving it when it is not and guaran- General of the United States said it have no health care, and the problem teeing health care for millions, includ- will kill you. We have been trying ever grows worse every day. ing 9 million children who have none. since then to get control of tobacco. Every day, more Americans go bank- I don’t believe doing nothing is an After all these years, we did it. rupt or lose their homes just trying to option because the costs of doing noth- We have been able to work on other stay healthy. Even those fortunate ing are too great. We must pass health important pieces of legislation—finan- enough to have insurance pay a hidden care reform this year. As we said at the cial fraud, reported out of the Judici- tax for those who do not. What does start of this year, at the start of this ary Committee, which stops scams tak- that mean? It means 50 million people, work period, at the start of this debate, ing place on people who are about to when they get sick or hurt, go to the we will continue doing our best to begin foreclosure, taking advantage of nearest emergency room. That emer- work with Republicans and pass a bi- people who are in a time of distress. We gency room may be across the street or partisan bill. passed a lot of housing legislation that 50 miles from where they are, but that In spite of the past, I remain opti- is important to allow people to stay in is where they go. That increases the mistic that both Republicans and their homes. Have we stopped it all? Of cost of every one of our health insur- Democrats recognize how urgent this course not. But we have done a pretty ance policies, it increases the cost of health care debate is. The health of our good job at that. the doctor bills we get, the hospital citizens and our economy is at stake, We are now arriving at a point where bills we get, and indigent taxes. If your and neither will be able to recover if we we are going to pass the supplemental family has health care, you pay at wait. But as important as bipartisan- appropriations bill, which is very im- least $1,000 more than you would if all ship is—and it is important—it is not portant, to fund our troops. This is the other families had health care. as critical as helping the nearly 50 mil- last time we will have to do this be- In that letter, I expressed my sincere lion Americans who have nowhere to cause President Obama is honest with hope that Republicans would work turn, the other 20 million who have bad his budgeting. The cost of the war is in with us to respond to this emergency. I insurance, and the rest of America, his budget. It was never in President extended my hand. I asked for their which is paying at least $1,000 more for Bush’s budget. For the 8 years he was help. Although I knew we would dis- their insurance policy as a result of President, he never put it in his budg- agree at times, I told them I looked people having no insurance. et. We had to come back and do supple- forward to an open and honest dialog As I said in my letter this April, in mental emergency appropriations bills about how to help struggling Ameri- order for this bipartisan process to to fund our troops. cans. take root, Republicans must dem- It is interesting to note, all but five In this letter, I especially asked Re- onstrate a sincere interest in legis- Republicans in the House of Represent- publican colleagues to focus on the lating. I hope they do so because one atives voted against funding the troops concrete and critical crisis that affects way or another, we are going to get yesterday. It will be interesting to see children, families, and small businesses health care reform done. what happens here. Are my Republican every day—a parent cannot take a Thank you, Mr. President. child to a doctor because insurance colleagues going to join with us to fund f the troops? I think so. I certainly hope does not exist or is prohibitively expen- so. sive; a family lives one accident or ill- RECOGNITION OF THE MINORITY We have accomplished a lot more ness away from financial ruin; small LEADER than what I have just outlined, but we businesses lay off employees because The ACTING PRESIDENT pro tem- have done it by reaching out to the Re- they cannot afford skyrocketing health pore. The Republican leader is recog- publicans. We have not gotten a lot of care premiums. We hear those stories nized. help from the Republicans, but we have every time we go home. f gotten enough to pass bills. For exam- I asked in that letter that we use the HEALTH CARE ple, on the economic recovery package, short and valuable time we have to we needed 2, and neither one of the 2 work together in our common interest Mr. MCCONNELL. Mr. President, ear- would be the 60th vote, so we had to get rather than against each other and lier this year, the new administration 3, and we got 3. I appreciate very much against the interests of the American proposed and Democrats in Congress the courage of Senators SPECTER, people. I wish I could say Republicans approved an economic stimulus bill SNOWE, and COLLINS in doing that. It answered those words with deeds of that was meant to lift the economy at was good for their States and good for equal good faith. But how have they re- a time of massive job losses and wide- our country. We have reached out to sponded regarding health care? Have spread economic hardship. Not only the Republicans time and time again. they taken the hand we have extended was the bill enormously complex, it f across the aisle? No. Have they taken was also one of the costliest pieces of the seat we offered at the negotiating legislation ever proposed. Yet those HEALTH CARE DEBATE table? No. Have they engaged in a pro- who put it together insisted it be Mr. REID. Mr. President, we began ductive debate about real people and rushed to a vote. this year dedicated to delivering the real problems that relate to health Their reason, of course, was the eco- change the American people demanded care? No. Have they shown they are nomic downturn was too dire to wait. in November. We began this Congress just as interested as we are in working Trust us, they said; it is responsible, it committed to making life better for with each other rather than against is needed, and it will work. So this in- the middle class, for hard-working fam- each other? No. Have they told us a credibly complex, enormously expen- ilies who play by the rules. But the single thing they are for rather than sive bill, introduced on January 26, was American people also demanded some- what they are against? No; it is always passed less than 3 weeks later, just 24 thing more. They said that we, their what they are against. In fact, ‘‘no’’ is hours—24 hours—after all its details

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.001 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6671 had been disclosed to the public for re- icaid and creating a new government- forms Americans need today more than view. run plan. No one can tell us where any ever. We need fundamental reforms— At the time, I argued that spending of this money will come from. reforms that not only help people get this much borrowed money in the mid- Yet similar to the stimulus, we are affordable health care coverage but re- dle of a recession on a bill that had being told, in the most urgent tones, forms that bring down the cost of been rushed to the floor was extremely that this government takeover of health care. irresponsible. At a time when millions health care is absolutely necessary, Given the enormous cost associated were struggling to make ends meet, and we have to approve it as soon as with the bill that has been proposed, I Washington had no business borrowing possible, without review, without have called on the other side to scrap hundreds of billions of dollars to pay knowing the full cost, and without the bill and start from scratch. We for government golf carts and ATV knowing how it will affect people’s have to get it right. It shouldn’t be a trails in the name of economic stim- lives. Once again, it is rush and spend partisan process that forces a bad bill ulus. This week, Senator COBURN has and rush and spend and a tidal wave of through committee. In starting over, catalogued some of the other outrages debt. we must address the fundamental com- that are contained in this bill. Here are Everyone in America knows health ponents of health care reform, includ- just a few: care reform is needed in this country, ing the major drivers of increasing The town of Union, NY, received a but they want us to do it right. They health care costs. One of the main factors keeping $578,000 grant that it didn’t request for do not want a blind rush to spend tril- health care cost trends too high is de- a homeless problem it claims it does lions—trillions—of dollars in the hope not have. Florida is planning to spend fensive medicine. Many medical practi- that the administration gets it right. tioners order additional procedures for $3.4 million in stimulus money to build During the debate over the stimulus, fear of litigation, which drives up the a 13-foot turtle tunnel at Lake Jack- we were told we had to pass it right medical malpractice insurance costs son. That is more than a quarter of a away, with just 24 hours to review—or faced by so many in the medical profes- million dollars per foot. This one takes $42 billion an hour—for the sake of the sion. Medical liability insurance is a the cake. In North Carolina, $40,234 in economy. Now we are being told we direct result of out-of-control lawsuits Federal stimulus money will pay for need to approve a particular set of that force physicians to practice defen- the salary—the salary—of someone health care reforms for the sake of the sive medicine to avoid these often cost- whose job is to lobby for more stimulus economy, but we have no bill. We have ly and baseless liability lawsuits. Any money. That is $40,234 to pay someone no idea of its total cost. Yet it is rush, legislation reforming our health care to lobby for more stimulus money. rush, rush. system is incomplete if it doesn’t ad- This would be comical if it weren’t so We have heard all this before. We dress this important issue. maddening and if these projects hadn’t have made this mistake already. Amer- A 2003 HHS report estimated the cost been sold to the American people as icans will not be rushed into another of defensive medicine to be between $70 the answer to our economic problems one. Americans do want health care re- billion and $126 billion a year. Put that and if the administration hadn’t as- form, but they want the right reform, in the light of the report that is in the sured us it would make sure every cent not a government takeover disguised Washington Post this morning, which of this money was spent efficiently and as a reform that takes away the care states that CBO says Obama’s health without waste. But that was then. they have, replaces it with something plan needs spending controls. It goes The administration had promised worse, and costs untold trillions that on to say of President Obama’s plan to since January it would keep an eye on they and their grandchildren will have expand health coverage to the unin- how precious tax dollars were spent. to pay through higher taxes and even sured: But just months after the stimulus was more debt. It is likely to dig the Nation deeper into signed into law, it was already admit- The administration admits it made a debt unless policymakers adopt politically ting funds would be wasted and people mistake on its predictions about the painful controls on spending, such as sharp were being scammed. reductions in payments to doctors, hospitals stimulus. We shouldn’t make the same and other providers. In January and February, adminis- mistake again when it comes to health There is a way to save about $100 bil- tration economists took to the talk care. lion a year—$100 billion a year. Be- shows promising that the stimulus I yield the floor. would create 3 to 4 million jobs. They cause if it were updated, the cost esti- said that if we passed the stimulus, the f mate would likely increase to $100 bil- unemployment rate would now be RESERVATION OF LEADER TIME lion to $180 billion a year. Where is it about 8 percent. But just a few months in this bill? It is nowhere. It is no- The ACTING PRESIDENT pro tem- later, with job losses continuing to where. That is a testament to trial pore. Under the previous order, the mount, the administration admits lawyers of America. leadership time is reserved. their early predictions were simply a On Monday, before a receptive crowd guess and that they guessed wrong. f at the American Medical Association, the President stuck his toe in the med- Today, the unemployment rate stands MORNING BUSINESS at 9.4 percent. Just yesterday, the ad- ical liability reform waters by ac- ministration said it expects unemploy- The ACTING PRESIDENT pro tem- knowledging that medical liability re- ment to climb even higher. pore. Under the previous order, there form is real. But the President also The $1 trillion they said was abso- will now be a period of morning busi- took caps on noneconomic damages off lutely necessary to jump-start the ness for 1 hour, with Senators per- the table by saying: economy, and which was put on a fast mitted to speak for up to 10 minutes Don’t get too excited yet, just hold onto your horses here, guys . . . I want to be hon- track by an eager-to-please, Democrat- each, with the time equally divided and controlled between the two leaders or est with you, I’m not advocating caps on ically led Congress, is now being called malpractice awards. a very bad guess by the very people their designees, with the Republicans controlling the first half and the ma- This all but ensures that meaningful who proposed it. reform won’t happen. Today, the Wall Now they are asking us to do it jority controlling the final half. The Senator from Arizona. Street Journal stated in an opinion again, only this time it is even more piece: than $1 trillion, and the consequences f President Obama mentioned the medical could be far worse. HEALTH CARE REFORM liability problem and . . . we suppose this is The early estimates we are getting progress [but] Mr. Obama’s [call] might have for the health care proposal we have Mr. MCCAIN. Mr. President, as we all had more credibility had he not specifically seen are that a portion of it—just a know, health care dominates the agen- ruled out the one policy to deter frivolous portion of it—will be $1.3 trillion. This da and the thoughts and efforts of the suits. figure, staggering in itself, doesn’t Congress of the United States, and it Without caps on medical malpractice even account for the money that would has to be addressed. It is a historic op- awards, ‘‘the tort lottery will con- be needed to pay for expanding Med- portunity to achieve the health re- tinue.’’

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.003 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6672 CONGRESSIONAL RECORD — SENATE June 17, 2009 Interestingly, my neighboring State The ACTING PRESIDENT pro tem- and your doctor. It reduces the ability of California addressed this precise pore. Without objection, it is so or- of employers to give incentives for problem in 1975 by passing legislation dered. wellness and prevention—it doesn’t in- that capped jury awards for ‘‘non- Mr. ALEXANDER. Mr. President, crease it, it reduces it. It freezes 58 mil- economic damages,’’ such as pain and today in the Health, Education, Labor lion low-income Americans into a Med- suffering, from medical malpractice and Pensions—HELP—Committee of icaid Program that offers sporadic, lawsuits. Not only does this cap reduce the Senate, after several days of dis- substandard care; is so expensive it will the amount of damages, but it has had cussions, we are beginning to work on literally bankrupt States; and our Gov- the effect of deterring lawsuits. Mal- the health reform legislation that was ernment Accountability Office has told practice filings have fallen in almost proposed by our chairman, Senator us it wastes $1 for every $10 it spends— every county in California. According KENNEDY. As we begin our work today, that is $32 billion a year, three-fourths to a 2004 RAND study, this has led to I want to suggest that we put aside the as much as we spend on all the pre- awards in medical malpractice lawsuits legislation we were working on and scription drugs for senior Americans. being 30 percent less than other States. that we start over because the Kennedy According to unbiased government Such a cap is sure to also lead to lower bill we are dealing with is so flawed officials, its additions to the national medical malpractice insurance rates. and expensive that it cannot be fixed. debt are astronomical. The Congres- Not only do you have a reduction in There are better proposals available for sional Budget Office told us yesterday the number of suits themselves, a re- us to work on, proposals advanced by that the Kennedy bill, so far as it is duction in awards, but you can imagine Senator BURR, by Senator COBURN, written, will add $1 trillion to the debt the costs that have been saved because there is a bipartisan proposal that Sen- over the next 10 years. That does not doctors no longer feel compelled to ator WYDEN and Senator BENNETT have include the Medicaid expansion or the practice defensive medicine, thereby offered, and Senator HATCH, a former expansion of reimbursements for doc- prescribing unnecessary and unneeded chairman of the committee, is working tors seeing Medicaid patients. It does tests and procedures simply to protect with a number of Senators on a pro- not include the government health in- themselves in court from medical mal- posal that seems, to me, to be a much surance option. It doesn’t include the practice better base for a beginning. employer mandate. There are plenty of ideas that should As we go to work on health care re- The Baucus bill, we are told, accord- be considered. Caps on noneconomic form, these are the things we should ing to press reports, in the Finance damages, health courts, and national keep in mind. We would want to be able Committee, may cost $1.5 trillion over standards of care are just a few to say to the American people that we the next 10 years and an independent thoughtful concepts. In State mal- are interested in all 300 million of you, study released yesterday says the Ken- practice reform over the years, we have not just the 47 million uninsured; that nedy bill may mean $4 trillion. The Na- demonstrable success stories that cap- our goal is to provide for each one of tional Governors Association says Med- ping noneconomic damages brings you a health care plan that you can af- icaid itself will add a half trillion dol- down the cost of malpractice insur- ford, a plan in which you and your doc- lars to the State costs over the next 10 ance. California and Texas both have tor—not Washington, DC—make the years if reimbursement rates are in- reformed malpractice to stem the tide decisions, a plan that emphasizes pre- creased as they are proposed to be in- of doctors leaving their States. vention and wellness. We want to give creased. This is on top of what the There is also intriguing ideas involv- low-income Americans the same kind Washington Post said earlier this week ing health courts—courts focused only of health plan that most Americans al- is a set of proposals by the Obama ad- on health disputes, with specially ready have. We do not want to make it ministration that would add nearly trained judges having expertise in harder for American businesses to com- three times as much to the national health court adjudication to make in- pete in the world marketplace by add- debt over the next 10 years as we spent jury compensation decisions. ing to their costs. And we do want a in all of World War II. Some have also pushed for a concept plan that your children and your This bill, I am sorry to say, is abso- establishing a national standard of grandchildren can afford so they are lutely not a bipartisan bill. We are hav- care. The concept envisions estab- not saddled with a massive debt that ing a bipartisan discussion. We are all lishing specific clinical practice guide- devalues the dollars they earn and the very friendly and civil to one another. lines that doctors would be required to quality of their lives. CHRIS DODD is doing a tremendous job follow and enforced by the Department As the President has repeatedly said, of sitting in for Senator KENNEDY. We of Health and Human Services. Sup- the best way for us to realize all those all like him, but we know what a bipar- porters believe this approach might re- objectives is to fashion this health care tisan bill is, it is when 15 or 20 of us duce liability concerns. reform in a truly bipartisan way. The from different sides of the aisle sit These are but three examples that bill we are marking up today in the around a table and start from scratch can be considered on both sides of the HELP committee is not ready to be and take our best ideas and put it to- aisle. There are other ideas we would considered. We do not have the details gether and get 60 or 70 or 75 votes for be well served to consider. of the bill. We do not know the costs of something. We have done it many When health care costs are said to be the bill—even though the President, times on energy, on intelligence, but driven up by over $100 billion and up to within the last few days, has said that we are not doing it on this. We were 40 percent of medical liability lawsuits pay-as-you-go rule is important. If we presented with a bill last Thursday, or being entirely groundless, don’t you are going to spend a dollar, he said, we some of a bill, and told: This is it. This think the other side would have some ought to save a dollar. Or he might is the way we are going to do it. We are provision in their bill to address this have said raise taxes a dollar. That is going to have a lot of discussion about fundamental problem; maybe even a what the President said. So surely we it but this is the way we should do it. modest provision? Well, I am here to are not going to mark up a bill or fin- We should start over. If we start over tell you that the other side has yet to ish marking it up until we know ex- based on the discussions we have al- suggest any provision to address med- actly whether we are going to have to ready had, we should be able to agree ical malpractice reforms. Shocking. It save a dollar or tax a dollar or how that every American should be covered. should be addressed, and it must be ad- many dollars we will need to save or We should be able to agree that it dressed as part of real health reform. tax in order to pass the bill. should be at a cost each American I suggest the absence of a quorum. This we do know about the legisla- could afford. We should be able to The ACTING PRESIDENT pro tem- tion our committee is considering. agree that preexisting conditions do pore. The clerk will call the roll. There are 47 million Americans unin- not disqualify you, and that prevention The assistant legislative clerk pro- sured today; it leaves 30 million of and wellness is encouraged. We should ceeded to call the roll. them still uninsured. We know that it be able to agree that low-income indi- Mr. ALEXANDER. Mr. President, I expands one failing government pro- viduals have the same choices, same ask unanimous consent the order for gram, Medicaid, and creates another, opportunities for health insurance that the quorum call be rescinded. putting Washington in between you the rest of us do. And we should be able

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.003 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6673 to agree that Americans should have income tax by the year 2015, if the Sen- low-income Americans into one failing choices. ate were to take the Kennedy bill and government health care program, Med- On all of those things we ought to be the Baucus draft and enact them icaid, that now provides substandard able to agree, if we were starting from today. care and creating a new government- scratch. If we do all those things, why Why would it do that? The State di- run program, why do we not give low- do we need to create a so-called gov- rector of Medicaid in our State says if income Americans government grants ernment-run insurance plan? That is we increase Medicaid coverage to 150 or subsidies so they can purchase pri- the big difference of opinion we have in percent of the Federal poverty level, vate insurance as is provided by the the committee and I believe on the that costs the State of Tennessee $572 Wyden-Bennett bill, for example, which Senate floor. A government-run insur- million. If the Federal Government has a cost of zero to the taxpayers, ac- ance plan inevitably leads to a Wash- pays for that, the bill for the Federal cording to the Congressional Budget ington takeover, of which we are hav- Government for that increase is $1.6 Office; or the Coburn-Burr bill, or Sen- ing far too many these days: Wash- billion, just for the Tennesseans cov- ator GREGG’s bill, or the bill that Sen- ington takeovers of banks, Washington ered. ator HATCH is working on with Senator takeovers of insurance companies, It would also increase the pay for CORNYN and others. Washington takeovers of student loans, Medicaid providers to 110 percent of Those are the ways to meet our ob- Washington takeover of car companies. what Medicare pays physicians. That jectives. So here are our objectives Why do we need a Washington takeover would add another $600 million in Ten- once more: We want to provide health of our health system? And why would a nessee, because Tennessee’s Medicaid coverage to 300 million Americans, not government-run insurance plan lead to pays physicians 70 percent of what just to the 47 million uninsured. We a Washington takeover? Medicare pays physicians. And Medi- want for you a health care plan that Think of it this way. It is like put- care pays physicians 80 percent of what you can afford. We want for you a plan ting an elephant in a room with some private companies pay physicians. in which you and your doctor make the mice and saying: All right, fellows, So the increased costs, just for Ten- decisions, not Washington, DC. We compete. I think you know what would nessee of the Medicaid expansion in the want a plan that emphasizes preven- happen. After a little while only the Kennedy bill, is $1.2 billion, according tion and wellness. We want a plan that elephant would be left. The elephant to our State Medicaid directors. If the gives low-income Americans more of would be your only choice. Federal Government has to pay the the same opportunities and choices for We have a very good example of what whole thing, it is $3.5 billion. health care that most Americans al- that elephant would look like. We call But then they are talking in the Fi- ready have. And we want a plan that it Medicare, a program that every nance Committee about shifting those does not make it harder for American State has, that the Federal Govern- costs back after 5 years to the States. businesses to compete in the world ment pays 62 percent of and the State So here comes a $1.2 billion bill to who- marketplace by adding to their cost. pays 38 percent, on the average, and it ever is Governor of Tennessee in 2015. We want, in the end, a program, a provides health care to low-income Last thing, to put this into perspec- health care program your grand- Americans, those who are not on Med- tive, they tried to pass an income tax children and your children can afford icaid. in Tennessee. Today, a 4-percent in- and does not heap trillions of dollars of I would like to find a way to require come tax would produce $400 million a new debt up on them, that devalues the every Senator who votes for expanding year. We are talking about finding $1.2 dollar they will eventually earn, and Medicaid coverage to be required to go billion a year. the quality of their lives. home and serve as Governor of his or The National Governors Association As the President has repeatedly said, her home State for 8 years and try to said increasing the Federal poverty the best way to do that is in a bipar- manage and pay for a Medicaid Pro- level to 150 percent would increase the tisan way. But in order to do that, we gram that is expanded to meet the cost to $360 billion over 10 years in all need to put aside the bill we are work- needs of what we are trying to do. The the States, and increases in Medicare ing on today in the HELP Committee only way you could like the Medicaid reimbursement would bring that total and start over again in a truly bipar- Program is if you have been in Wash- to half a trillion in all of the States. tisan way to meet those objectives. ington a long time and you don’t have That is on top of the trillion dollars I yield the floor and I suggest the ab- to manage it, you don’t have to pay for that the Congressional Budget Office sence of a quorum. it, and you don’t have to get your has said Senator KENNEDY’s bill al- The ACTING PRESIDENT pro tem- health care from it. ready costs. pore. The clerk will call the roll. Let me be very specific. The Med- One of the effects of this is it would The legislative clerk proceeded to icaid Program—and I dealt with this absolutely destroy our public colleges call the roll. for years as Governor myself—is filled and universities across the country. It Mr. SPECTER. Mr. President, I ask with lawsuits. It is riddled with Fed- is already damaging them, because unanimous consent that the order for eral court consent decrees from 25 Governors and legislators are finding the quorum call be rescinded. years ago that restrict the ability of they barely have enough money to The ACTING PRESIDENT pro tem- government and legislators to make keep up with increasing Medicaid pore. Without objection, it is so or- improvements. It is filled with ineffi- costs. They have nothing left for col- dered. ciencies and delays that take a Gov- leges and universities. So the quality f ernor a year to get permission from of the universities goes down and the Washington to do something 38 other tuition at the universities goes up. JUDICIAL CONFIRMATIONS States are doing and, I mentioned, it Finally, Senators serving as a Gov- Mr. SPECTER. Mr. President, I has intolerable waste of taxpayer dol- ernor of their home State trying to sought recognition to comment on the lars. The General Accounting Office manage an expanded Medicaid Program forthcoming proceedings on the con- says $32 billion, every year, is wasted would find that most of the people, firmation of Judge Sotomayor for the in the Medicaid Programs. That is 10 maybe a majority, would find a hard Supreme Court of the United States. percent of all the money that is appro- time getting service. Today, 40 percent Judge Sotomayor comes to this posi- priated to it. of doctors nationally do not provide tion with an extraordinary record. Her The second thing wrong with Med- full service to Medicaid patients be- academic standing at Princeton was icaid, what a Senator who goes home cause of the low reimbursement rates. summa cum laude, a graduate of the to serve as Governor would find out, it So any version of the bill we are now Yale Law School where she was a mem- would require higher State taxes at a considering in the Senate HELP Com- ber of the Yale Law Journal Board of time when States are making massive mittee will explode into complexity Editors. cuts in services and are very nearly and astronomical spending and will Then in her practice, she was an as- bankrupt. The State of Tennessee, by never succeed. sistant district attorney in Manhattan, my own calculations—I believe it There is a better way. There are sev- a position which gives very extensive would require a 10-percent new State eral better ways. Instead of stuffing experience in many facets of the law,

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.005 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6674 CONGRESSIONAL RECORD — SENATE June 17, 2009 something I know in my own experi- ings. There are some who say they in the 14th amendment in this Cham- ence years ago as an assistant district have outlived their usefulness, pointing ber, the galleries were segregated. Afri- attorney. historically to the fact that prior to can Americans were on one side and She was in private practice with a 1955 or thereabouts there were very few Caucasians were on another. So the in- very prestigious New York law firm, confirmation hearings, only when there tent of Senators certainly could not then served on the U.S. District Court, was some extraordinary question. have been that equal protection meant and more recently on the Court of Ap- In recent decades the confirmation integration. But after Brown v. Board peals for the Second Circuit. hearings have been extensive. Having of Education in 1954, there was no The hearings will give Judge participated in some 11 of those con- doubt equal protection did mean inte- Sotomayor an opportunity to respond firmation hearings, it is my judgment gration. to a number of issues which have been that they are very worthwhile, from The confirmation proceedings of raised about her background. I think many points of view. Chief Justice Rehnquist were very in- Chairman LEAHY was correct in moving It presents an opportunity to have a formative. Chief Justice Rehnquist had the hearing dates so that the confirma- public focus on the appropriate role of more than 30 votes cast against his tion process could be concluded in time the Supreme Court, a lot of very major nomination in 1986. The issue arose as for Judge Sotomayor, if confirmed, to questions about the respective roles on to the adequacy of his answering ques- sit with the Court during September the separation of powers between the tions as to the role of the Supreme when the Court will decide what cases courts and Congress, on fact finding, Court contrasted with the role of Con- it will hear. and on the record. gress. Chief Justice Rehnquist had A great deal of the important work of There are important questions on the written an interesting article for the the Supreme Court of the United relative authority of the executive Harvard Law Record, back in 1959, States is decided on what cases they versus the Court on the issues of deten- when he was a young practicing attor- decide not to hear. And perhaps that in tion, of habeas; important issues on the ney, criticizing the Senate for the con- some ways is as important as the cases relative power of the Congress versus firmation hearings of Justice Whit- they do hear, the cases they do decide. the executive, as exemplified by the taker, not asking probing questions It is during that period of time when conflict between the Foreign Intel- about due process of law but only ex- the decision is made of a grant of cer- ligence Surveillance Act, and the pow- tolling Justice Whittaker’s virtues be- tiorari with four Justices deciding ers of the President under article II of cause he represented both the State of which cases to hear where the presence the Constitution as Commander in Kansas and the State of Missouri, liv- of a new Justice could be very impor- Chief. ing in one State and practicing law in tant. There are also hearings where it is a the other. When Chief Justice Confirmation hearings at an early public focus on a civics lesson as to Rehnquist was asked questions about stage will give Judge Sotomayor an op- what the Court does, and public atten- the authority of Congress to take away portunity to respond to many ques- tion is focused on the Court. My pref- the jurisdiction of the Supreme Court, tions which are highly publicized. It is erence would be, as I have noted on leg- he answered, finally, that the Congress a very noteworthy matter when a islation I have introduced, which has did not have the authority on first nominee is being considered for the Su- been passed out of the Judiciary Com- amendment issues but declined to an- preme Court. There is a lot of pub- mittee in prior congresses, to have the swer about the fourth amendment, licity, and some of it is controversial. proceedings of the Supreme Court tele- fifth, sixth or eighth or to answer a As a matter of fairness, the earlier a vised under certain circumstances. question as to why he would respond on nominee can have an opportunity to re- That has not yet been approved. But I the first amendment but not on others. spond to those issues—a question has think the day will come when the Su- There are some issues which are so been raised about her decision on the preme Court hearings will be televised. firmly established that they are out- New Haven firefighters case. Well, the I think they could be televised without side the respected rule that we don’t nuances of disparate impact do not having showboating, and real insight ask nominees to say how they will de- lend themselves too well to brief news- by the public as to what happens at the cide upon cases that might come before paper articles nor sound bites on the Supreme Court of the United States, them. But where we deal with issues talk shows. They are made for Supreme just as hearings of the House of Rep- such as Marbury v. Madison or Brown Court hearings. resentatives and the Senate are tele- v. Board of Education or the authority Her decision on property rights fol- vised. of the Congress to take away jurisdic- lowing the Kelo decision has been sub- There are a lot of quorum calls, but tion of the Supreme Court in deroga- jected to certain comment. There there are debates that go on here for tion of Marbury v. Madison, there are again, the nuances require a hearing. the public to see, where very major questions which ought to be answered. Or her statement about ‘‘a wise Latina matters of public policy are decided. The confirmation hearings provide an woman’’ has been widely commented At least the confirmation hearings do opportunity to go into detail about the upon. And there again, she ought to bring the role of the Court into focused functioning of the Court. A few years have an opportunity to speak to those hearings, I think, to a very beneficial ago, when the issue of judicial pay was issues. effect. before the Congress, a number of Sen- There have been some questions We had the hearings on Judge Bork ators were invited to confer with the raised about her decisions under the widely commented upon, very exten- Justices. It provided an opportunity for Second Amendment, membership in sive hearings on his writings, his view me to see the conference room. I had the Belizean Grove, and a lot of specu- of original intent. There was an oppor- been a member of the bar of the Su- lation. So let’s bring on the hearings tunity for the American people and the preme Court, argued a few cases there where there will be an opportunity for scholars to see what was involved. but had never seen their conference Judge Sotomayor to present her views. There has grown a myth that in that room. Frankly, it was quite an eye- Based on what I have studied in her proceeding, the nominee was ‘‘Borked,’’ opener—a small room, plain table, opinions, an extensive meeting which I turning his name into a verb. My own modest chairs, very intimate, very aus- had with her, she is a powerful intel- view is that is not so; that the decision tere, quite some insight as to how close lect and prospectively she is likely to made in rejecting the confirmation of the Justices are together. When we be able to have good comments. But Judge Bork turned on the record, talk about diversity, how long it took that is what the confirmation process turned on what happened in the Judici- to get an African American on the is all about. So let’s move forward on it ary Committee proceedings. When we Court, Thurgood Marshall did not go to to the July hearing dates so we can took a look at original intent, it was the Court until 1967. Justice Lewis consider her nomination and she can way outside the mainstream of con- Powell made a comment reportedly have an opportunity to respond to stitutional law, way outside the con- that just having Thurgood Marshall in those issues. stitutional continuum. If we look to the room made a difference in perspec- There have been contrary views what Congress intended in 1868, when tive. Surprising, perhaps scandalous, about the value of confirmation hear- the equal protection clause was passed that it took until 1981 to have a woman

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.006 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6675 on the Supreme Court. Now there have across the green between the hearing There, the Chief Justice comes to only been two. When I was asked for room and the Supreme Court cham- grips with the dominant role of the recommendations for the current va- bers. Congress that ought to be deferred to cancy, I recommended four women. To A dissent by Justice Souter noted and says, when the court takes over, it say that a woman’s point of view is dif- that the Court’s judgment was ‘‘de- is judicial lawmaking, which is some- ferent and valuable is trite. When I was pendent upon a uniquely judicial con- thing which is generally recognized to elected to the Senate in 1980, Senator ference,’’ as if the competence of the be in an area which ought not to be Kastenbaum was the only woman in Congress was to a lesser extent. Justice transgressed. ‘‘Transgression’’ is Chief the Chamber. Senator Hawkins was Souter commented, in disagreeing with Justice Roberts’ word, that it is up to elected that year. Now we have 16 and Chief Justice Rehnquist, who said Congress to make the laws and up to growing. It has been a very great addi- there was an insufficient record, that the Court to interpret them. tion and improvement to the delibera- ‘‘the mountain of data assembled by In a hearing on the Voting Rights tions here to have more women. An- Congress included a record on gender Act on April 29, 2009, Northwest Austin other woman on the Supreme Court bias from a task force of 21 States, Municipal Utility District v. Holder, on would be a plus there, if Judge eight separate reports by the Con- the issue of the sufficiency of the Sotomayor is confirmed. gress.’’ record, here we have 16,000 pages of tes- Also, the diversity on being a His- There was a similar finding by the timony, 21 different hearings, 10 panic is important. We live in a very Supreme Court of the United States in months of action. Congress, in 2006, re- diverse society. When one sees that the case of Alabama v. Garrett, where authorized the Voting Rights Act. In small Supreme Court Chamber, they the Supreme Court decided there was listening to the Supreme Court argu- can see the intimacy and can almost an insufficient record to support the ment and reading the record—you can- visualize the intellectual discussions enactment of title I of the Americans not draw any conclusions totally—but and the powerhouses in that room and with Disabilities Act, even though it looks very much as if the Court may how the big cases are decided, with the there had been task force hearings in be on the verge of finding the record in- Court having the last word on life and every State attended by more than sufficient. death, a woman’s right to choose, me- 30,000 people, including thousands who Chief Justice Roberts had this to say dicinal issues of attempted suicide, the had experienced discrimination, with in the course of the argument on the death penalty in capital cases, all the more than 300 examples of discrimina- Voting Rights Act: cutting edge issues of our society. tion by State Governments. Notwith- . . . one-twentieth of one percent of the The confirmation proceeding of standing that, the Supreme Court in submissions are not precleared. That, to me, Judge Sotomayor will give us an oppor- Garrett said there was an insufficient suggests that they are sweeping far more tunity to inquire into some very im- record. broadly than they need to address the inten- portant issues on executive versus judi- In dissent, Justice Scalia called the tional discrimination under the Fifteenth cial authority, on the authority of the test of congruence and proportionality Amendment. a flabby test, a test that was ‘‘an invi- That’s like the old elephant whistle. You Court versus the Congress. Toward that know, I have this whistle to keep away the end, I wrote a letter to Judge tation to judicial arbitrariness and pol- elephants. You know, well, that’s silly. Well, Sotomayor, dated June 15. I ask unani- icy-driven decisionmaking.’’ there are no elephants, so it must work. I mous consent that this letter be print- When we look to a standard of con- mean, if you have 99.98 percent of those ed in the RECORD at the conclusion of gruence and proportionality, it is very being precleared, why isn’t that reaching too my remarks. vague. Sharp divergence from the broadly? The PRESIDING OFFICER (Mr. BEN- standard that Justice Harlan articu- We will all be watching very closely NET). Without objection, it is so or- lated in Maryland v. Wirtz in 1968, to see what the Supreme Court of the dered. whether there was a rational basis for United States does in the voting rights (See exhibit 1.) the congressional decision. So that as case and especially the opinion of Chief Mr. SPECTER. As I note in the open- Justice Scalia noted in his dissent in Justice Roberts, who has testified so ing paragraph, our so-called courtesy Tennessee v. lane, the standard of con- emphatically at his confirmation hear- call lasted more than an hour. At that gruence and proportionality was flab- ing as to the role of the Congress being time, I commented to her that I would by. Justice Scalia went on to say: dominant, and it was, as he put it: be writing on other subjects on which I Worse still, it casts this Court in the role ‘‘. . . as a judge that you may be begin- intended to comment at her hearing. of Congress’s task master. Under it the ning to transgress into the area of She responded she would be glad to courts—and ultimately, this Court—must making a law . . . ’’ have that advance notice. The issue I regularly check Congress’s homework to So those are issues which I am going focus on in this letter involves the re- make sure that it has identified sufficient constitutional violations to make its remedy to be addressing to Judge Sotomayor spective authority of the Congress con- constitutional and proportional. in the course of the confirmation hear- trasted with the Court on the estab- In the confirmation hearings of Chief ings. I am not going to ask her how she lishment of a record to warrant legisla- Justice Roberts, he responded in a way is going to decide a case. That is out- tion which Congress enacts. I noted I very supportive of the role of Congress, side the bounds. But I think it is fair to had written to Chief Justice Roberts in where the Court should be deferential inquire as to what is the standard. Is it a similar vein back on August 8, 2005, to the Congress. In response to a ques- the Justice Harlan standard of rational in advance of his confirmation hear- tion by Senator DeWine, he said the basis or is it a standard of congruent ings. I take up in my letter to Judge Supreme Court ought to defer to con- and proportional—a standard which is Sotomayor the same issue I took up gressional findings, and the answer will of recent vintage in the City of Boerne with Chief Justice Roberts; that is, de- v. Flores case, and having been applied be in the RECORD with this letter. cisions of the Supreme Court in invali- In response to my questioning, Chief in cases where it is very difficult to un- dating congressional enactments, de- Justice Roberts said: derstand the conclusions of the Court, claring them unconstitutional, because And I appreciate very much the difference if you take Tennessee v. Lane, where of what the Court says is an insuffi- in institutional competence between the ju- one article of the Americans with Dis- cient record. diciary and the Congress, when it comes to abilities Act was upheld and contrast it I note the case of United States v. basic questions of fact finding, development with the Alabama v. Garrett case, Morrison, which involved legislation to of a record and also the authority to make where it was stricken. protect women against violence, where the policy decisions about how to act on the Justice Scalia, in the argument of the Court was denigrating, disrespect- basis of a particular record. It is not just dis- the voting rights case, took issue with ful to Congress, where the Court said agreement over a record. It is a question of the Congress on a 98-to-0 decision, sug- the congressional findings were re- whose job it is to make a determination based on the record. As a judge, that you are gesting if it is 98 to 0, it must not have jected because of our ‘‘method of rea- beginning to transgress into the area of been too carefully thought through. soning,’’ as if there is some unique making a law is when you are in a position It reminds me of the 98-to-0 vote Jus- quality which comes to the nominee at of reevaluating legislative findings, because tice Scalia got on his confirmation and the time of confirmation in walking that doesn’t look like a judicial function. the many unanimous decisions of the

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.007 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6676 CONGRESSIONAL RECORD — SENATE June 17, 2009 Supreme Court. I will ask to have EXHIBIT 1 courts (and ultimately this Court) must reg- printed in the RECORD a group of recent U.S. SENATE, ularly check Congress’s homework to make cases—10 or more—where Justice Washington, DC, June 15, 2009. sure that it has identified sufficient con- Scalia decided cases 9 to 0. Hon. SONIA SOTOMAYOR, stitutional violations to make its remedy The Department of Justice, constitutional and proportional. As a general So if this legislative body—the Sen- matter, we are ill-advised to adopt or adhere ate—votes 98 to 0 in favor of renewing Washington, DC. DEAR JUDGE SOTOMAYOR: When we con- to constitutional rules that bring us into the Voting Rights Act, relying upon cluded our meeting which lasted more than conflict with a coequal branch of Govern- the extensive record, which I have an Hour, I commented that I would be writ- ment.’’ cited, that is not a sign of weakness. ing to you on other subjects which I intended During the confirmation hearing of Chief That is not a sign that the Senate does to cover at your hearing, and I appreciated Justice Roberts, he testified extensively in not know what it is doing with a 98-to- your response that you would welcome such favor of the Court’s deferring to Congress on 0 vote. advance notice. fact finding. In response to questions from Senator DeWine, he testified: So the questions which I have posed In the confirmation hearing for Chief Jus- tice Roberts, there was considerable discus- ‘‘. . . The reason that congressional fact for Judge Sotomayor are these: finding and determination is important in First: Would you apply the Justice sion about the adequacy of congressional fact finding to support legislation. This issue these cases is because the courts recognize Harlan rational base standard or the is again before the Supreme Court on the re- that they can’t do that, Courts can’t have, as congruent and proportionality stand- authorization of the Voting Rights Act you said, whatever it was, the 13 separate ard? where the legislation is challenged on the hearings before passing particular legisla- Second: What are your views on Jus- ground that there is an insufficient factual tion. Courts—the Supreme Court can’t sit tice Scalia’s characterization that the record. At our hearing, I would uphold like and hear witness after witness after witness in a particular area and develop that kind of ‘‘congruence and proportionality your views on what legal standards you would apply in evaluating the adequacy of a a record. Courts can’t make the policy judg- standard’’ is a flabby test and an ‘‘invi- ments about what type of legislation is nec- tation to judicial arbitrariness and pol- Congressional record. In the 1968 case Mary- land v. Wirtz, Justice Harlan’s rationale essary in light of the findings that are icy-driven decisionmaking,’’ where would uphold an act of Congress where the made’’. . . ‘We simply don’t have the institu- Justice Scalia says that is the way for legislature had a rational basis for reaching tional expertise or the resources or the au- the courts to make law on a standard a regulatory scheme. In later cases, the thority to engage in that type of a process. which is so vague? Court has moved to a ‘‘congruence and pro- So that is sort of the basis for the deference Third: Do you agree with Chief Jus- portionality standard.’’. to the fact finding that is made. It’s institu- In advance of the hearing for Chief Justice tional competence. The courts don’t have it. tice Rehnquist’s conclusion that the Congress does. It’s constitutional authority. Violence Against Women legislation Roberts by letter dated August 8, 2005. I wrote him in part: It’s not our job. It is your job. So the defense was unconstitutional because of to congressional findings in this area has a Congress’s ‘‘method of reasoning’’? ‘‘members of Congress are irate about the Court’s denigrating and, really, disrespectful solid basis.’’ In response to my questioning, Chief Jus- And fourth: Do you agree with the di- statements about Congress’s competence. In tice Roberts said: vision of constitutional authority be- U.S. v. Morrison, Chief Justice Rehnquist, tween Congress and the Supreme Court ‘‘And I appreciate very much the dif- speaking for five members of the Court, re- ferences in institutional competence be- as articulated by Chief Justice Roberts jected Congressional findings because of tween the judiciary and the Congress when it in his responses, cited in this letter, to ‘‘our method of reasoning’’. As the dissent comes to basic questions of fact finding de- questions posed at his hearing by Sen- noted, the Court’s judgment is ‘‘dependent velopment of a record, and also the author- ator DeWine and myself? upon a uniquely judicial competence’’ which ity to make the policy decisions about how I do believe there will be an oppor- implicitly criticizes a lesser quality of Con- to act on the basic of a particular record. It’s tunity for very important issues to be gressional competence. not just disagreement over a record. It’s a In Morrison, there was an extensive record presented to the nominee. Based on question of whose job it is to make a deter- on evidence establishing the factual basis for mination based on the record’ . . . as a judge what I have seen of her, in reviewing enactment of the Violence Against Women her record, and the meeting I had with that you may be beginning to transgress into legislation. In dissent. Justice Souter noted the area of making a law is when you are in her—I have noted her excellent re- . . . the mountain of data assembled by Con- a position of re-evaluating legislative find- sume—I am looking forward to giving gress here showing the effects of violence ings, because that doesn’t look like a judi- her an opportunity to answer the many against women on interstate commerce,’’ cial function.’’ questions that have been raised in the and added: The Supreme Court heard oral argument in press, where she will have more of an ‘‘The record includes reports on gender Northwest Austin Municipal Utility District bias from task forces in 21 states and we v. Holder on April 29, 2009 involving the suffi- opportunity than to have a sound bite have the benefit of specific factual finding in but to give commentary on her record ciency of the Congressional record on reau- eight separate reports issued by Congress thorizing the Voting Rights Act. While too in support of her nomination. and its committees over the long course much cannot he read into comments by jus- I ask unanimous consent to have leading to its enactment.’’ tices at oral argument, Chief Justice Rob- printed in the RECORD the material to In a subsequent letter to Chief Justice erts’ statements suggested a very different which I referred. Roberts dated August 23, 2005, I wrote con- attitude on deference to Congressional fact There being no objection, the mate- cerning Alabama v. Garrett where Title I of finding than he expressed at his confirma- rial was ordered to be printed in the the Americans with Disabilities Act was tion hearing. Referring to the argument that based on task force field hearings in every RECORD, as follows: ‘‘. . . action under Section 5 has to be con- state attended by more than 30,000 people in- gruent and proportional to what it’s trying RECENT UNANIMOUS DECISIONS WITH OPINIONS cluding thousands who had experienced dis- to remedy,’’ Justice Roberts said that: AUTHORED BY JUSTICE SCALIA crimination with roughly 300 examples of ‘‘. . . one-twentieth of l percent of the sub- Republic of Iraq v. Beaty,—S.Ct.—, 2009 WL discrimination by state governments. missions are not precleared. That, to me, 1576569 (2009). Notwithstanding those findings, the Gar- suggests that they are sweeping far more Virginia v. Moore, 128 S.Ct. 1598 (2008). rett Court concluded in a five to four deci- broadly than they need to, to address the in- Beck v. Pace Intern. Union, 551 U.S. 96 sion: tentional discrimination under the Fifteenth (2007). ‘‘The legislative record of the Americans Amendment.’’ U.S. ex rel Goodman v. Georgia, 546 U.S. with Disabilities Act, however, simply fails Chief Justice Roberts went to say: 151 (2006). to show that Congress did in fact identify a ‘‘Well, that’s like the old—you know, it’s U.S. v. Grubbs, 547 U.S. 90 (2006). pattern of irrational state discrimination in the elephant whistle. You know, I have this Domino’s Pizza, Inc. v. McDonald, 546 U.S. employment against the disabled.’’ whistle to keep away the elephants. You 470 (2006). In another five to four decision, the Court know, well, that’s silly. well, there are no Merck KGAA v. Integra Lifesciences I, in Lane v. Tennessee concluded Title II of elephants, so it must work. I mean if you Ltd., 545 U.S. 193 (2005). the Americans with Disabilities Act met the have 99.98 percent of these being precleared, Devenpeck v. Alford, 543 U.S. 146 (2004). ‘‘congruence and proportionality standard’’. why isn’t that reaching far too broadly.’’ Norton v. Southern Utah Wilderness Alli- There, Justice Scalia dissented attacking As a factual basis for the 2007 Voting rights ance, 542 U.S. 55 (2004). the ‘‘congruence and proportionality stand- Act, Congress heard from dozens of witnesses Barnhart v. Thomas, 540 U.S. 20 (2003). ard’’ calling it a ‘‘flabby test’’ and ‘‘invita- over ten months in 21 different hearings. Ap- Pacificare Health Systems, Inc. v. Book, tion to judicial arbitrariness and policy driv- plying the approach from Chief Justice Rob- 538 U.S. 401 (2003). en decision making’’: erts’ confirmation hearing, that would ap- Mr. SPECTER. I thank the Chair and ‘‘Worse still, it casts this Court in the role pear to satisfy the ‘‘congruence and propor- yield the floor. of Congress’s taskmaster. Under it, the tionality standard’’.

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.008 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6677 My questions are: of Alamogordo, NM. Army SPC Chris 1968 was it revealed to the world. And 1. Would you apply the Justice Harlan ‘‘ra- Kurth died on Thursday, June 4, after only in 2001 did these men finally re- tional basis’’ standard or the ‘‘congruence his vehicle was struck by an antitank ceive the recognition they deserved and proportionality standard’’? grenade. He was 23 years old. when they were presented with Con- 2. What are your views on Justice Scalia’s characterization that the ‘‘congruence and In Iraq, Chris was responsible for es- gressional Medals. proportionality standard’’ is a ‘‘flabby test’’ corting convoys. But this job descrip- It is often said that America’s diver- and ‘‘an invitation to judicial arbitrariness tion conveys none of the risk or the sity makes her strong. During World and policy driven decision making’’? courage involved in the job. The mili- War II, this country’s cultural diver- 3. Do you agree with Chief Justice tary can secure a town or a base, but sity contributed to America’s military Rehnquist’s conclusion that the Violence somebody must still travel the roads strength in a very real and concrete Against Women legislation was unconstitu- that cannot be secured. Christopher way. Because the Navajo language had tional because of Congress’s ‘‘method of rea- Kurth was responsible for undertaking survived and it had been passed down, soning’’? 4. Do you agree with the division of con- this act of courage. Americans had a code that the Japa- stitutional authority between Congress and Chris knew how dangerous his job nese were never able to crack—a weap- the Supreme Court articulated by Chief Jus- could be when he began his last mis- on they could not counter. tice Roberts in his responses cited in this sion. He was on his second tour of duty, America is unique among the coun- letter to questions posed at his hearing by and he had just recovered from a neck tries of the world. Almost every other Senator DeWine and me? wound that won him a Purple Heart. country on Earth finds its sense of soli- Sincerely, But for Chris, success was defined by darity in a common race and a common ARLEN SPECTER. keeping his fellow soldiers safe. And culture. Even countries as diverse as The PRESIDING OFFICER. The Sen- that is what he died fighting to do. our own trace their heritage to some ator from Tennessee. The values reflected in this duty are imagined community older than their Mr. CORKER. Mr. President, I ask as important in peace as they are in political institutions. Our Nation has unanimous consent to speak in morn- war. His job was to protect his fellow always defined itself by its ideals, not ing business. soldiers—to be a good friend in the by race or culture. Although we have The PRESIDING OFFICER. Is there most difficult of times. By serving not always lived up to this vision of a objection? them, he served his country. truly multicultural democracy, it has Without objection, it is so ordered. The characteristics that made Chris guided our development and spurred (The remarks of Mr. CORKER per- Kurth a good soldier also made him a our progress. taining to the introduction of S. 1280 good friend when he was back in When the Navajo Code Talkers first are printed in today’s RECORD under Alamogordo. They made him a good arrived at Camp Pendleton, there were ‘‘Statements on Introduced Bills and teacher when he volunteered to tell those who considered them less than Joint Resolutions.’’) students at his former high school fully equal. U.S. law had only acknowl- f about his life as a soldier. They made edged Native Americans as citizens for 17 years when our country entered APPROPRIATIONS him a loving—and loved—son, brother, and husband. World War II. Many of the code talkers Mr. CORKER. Mr. President, I would Chris Kurth lost his life keeping were born as noncitizens in a land that like to mention one other issue in clos- American soldiers safe. He was a proud had belonged to their people before the ing. A large number of Senators signed soldier and a good man. Europeans knew it existed. Yet 45,000 a letter to the leader asking that we do My thoughts are with Chris’s par- of 350,000 Native Americans in this our business in a very thoughtful way ents, with his wife, and with all those country served in the Armed Forces as it relates to appropriations. Each who knew and loved him. I ask you to during that conflict, including 400 Nav- year we find ourselves in a position join me today in remembering his serv- ajo Code Talkers. where we end up with an omnibus bill ice. The Native Americans who signed up that most of us feel very uncomfort- f to serve this country in the Armed able signing into law. Forces were sending a message that We ask that the appropriations bills NAVAJO CODE TALKERS they, just as much as anyone else, were be passed in such a manner that we Mr. UDALL of New Mexico. Mr. citizens of the United States of Amer- have eight of them passed individually President, I rise to mark a solemn mo- ica, their people were just as much a by the August recess. ment for the Navajo Nation and for our part of this country’s cultural tapestry I know, today, we are stuck on a bill, country. as any other. and I realize there is some stalling that In the past month, three of America’s In the Navajo code, the word for is taking place. I have to question why veterans passed away: Willie Begay, America was ‘‘our mother.’’ As one we are focused on a tourism bill today Thomas Claw, and John Brown, Jr. code talker has explained: when we still have not begun our ap- These men were members of the small ‘‘Our Mother’’ stood for freedom—our reli- propriations process. group of marines known as the Navajo gion—our ways of life. And that’s why we So I will say to the leader, I hope he Code Talkers. Their story is one of the went in. will move on with doing the appropria- most compelling in American military The Navajo marines identified their tions in an appropriate order so, as I history. culture with their country. When they have mentioned, we will have at least In May of 1942, 29 Navajo Indians ar- fought, they fought for both. In fact, eight of those passed by the recess so rived at Camp Pendleton in California. values integral to the Navajo experi- we can do our citizens’ work in the They were there to develop a code that ence spurred them to fight in Amer- most appropriate manner. could be deployed easily and would not ica’s war against tyranny. As Ameri- Mr. President, I yield the floor and be cracked by Japanese cryptog- cans who faced bigotry and injustice, thank you for the time. raphers. they eagerly signed on to free others The PRESIDING OFFICER. The Sen- Over the course of the war, the origi- from oppression. As individuals who ator from New Mexico. nal 29 became a team of roughly 400 had lived with the legacy of aggression Mr. UDALL of New Mexico. Mr. Navajos responsible for building and against their people, they felt keenly President, I ask unanimous consent to using their code. Their success in that the need to prevent other acts of ag- speak in morning business. mission helped the Marines capture gression, even if these acts were being The PRESIDING OFFICER. Without Iwo Jima. It contributed to the Amer- perpetrated on the other side of the objection, it is so ordered. ican victory, and it saved untold num- world. f bers of allied soldiers. The passing of the three code talk- As most World War II veterans were ers—thousands of miles and dozens of HONORING OUR ARMED FORCES returning home with stories of courage years from the events that made them ARMY SPECIALIST CHRISTOPHER KURTH and victory, the Navajo Code Talkers heroes—should make us all remember Mr. UDALL of New Mexico. Mr. were ordered to keep their story secret. the great patriotism and honor all the President, I rise to honor a proud son Their mission was classified. Only in code talkers displayed. It should make

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.002 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6678 CONGRESSIONAL RECORD — SENATE June 17, 2009 us appreciate their work and honor ticipated Federal funding, they have But as we rush to provide aid to the their memory, and it should make us found aspiring entrepreneurs to expand American people, we need to make sure proud to live in a country where such and develop local businesses, using a the stimulus funds are targeted effec- things are possible. creative array of tax incentives and tively. That is why oversight is crit- As time does the work Japanese guns loans. ical. could never do, the code talkers are This legislation is an important step As billions of dollars flow from the slowly leaving us. Only 80 of the origi- toward reversing the blight faced by Federal Government to the State nal 400 remain with us. Too soon, these our inner cities without gentrifying treasuries, transparency will help keep men will live only in our memories. these areas or shutting out the commu- State and Federal officials accountable Let’s keep those memories strong, lest nity members who need our help the for every dollar spent in the name of we lose the inspiration they can offer. most. Senator LINCOLN and Senator economic recovery. To Willie Begay, Thomas Claw, and SNOWE deserve our utmost support in If done right, this will ensure that John Brown, Jr., we honor your lives their fight to rehabilitate these com- everyone can share in the promise and and mourn your passing. To all of the munities. I am proud to cosponsor this prosperity of a revitalized economy. code talkers, alive and beyond, we cele- legislation, and I urge my colleagues to That is why I introduced S. 1064, a bill brate your service. Whenever stories of join with me in this effort. that will set aside small amounts of courage and patriotism are told, we f stimulus money to pay for regulation will think of you. and oversight. ECONOMIC RECOVERY Thank you, Mr. President. I note the These costs are currently unfunded, absence of a quorum. Mr. BURRIS. Mr. President, as I ad- leaving the American people with only The PRESIDING OFFICER. The dress this Chamber today, our country vague assurances that their money will clerk will call the roll. remains in the grips of the worst eco- be used effectively. The assistant legislative clerk pro- nomic disaster since the Great Depres- Mr. President, this is simply not ceeded to call the roll. sion. We have all felt its devastating good enough. We need to protect the The PRESIDING OFFICER. The Sen- effects. In the last half century, it has interests of the American taxpayers ator from Illinois. never been harder for working Ameri- and ensure that every dollar can be Mr. BURRIS. Mr. President, I ask cans to make ends meet. But finally we tracked. unanimous consent that the order for are beginning to see indications that I ask my colleagues to join with me the quorum call be rescinded. the worst may be behind us. The econ- in the fight for accountability. I thank The PRESIDING OFFICER. Without omy is still shedding jobs but at a my good friends, Chairman LIEBERMAN, objection, it is so ordered. slower rate. Business is starting to Ranking Member COLLINS, and Senator Mr. BURRIS. Mr. President, I wish to pick up again for some—not all but for MCCASKILL for signing on to cosponsor speak on two different issues in morn- some. The American Recovery and Re- this bill. ing business. investment Act has started to take As the economy begins to improve The PRESIDING OFFICER. Without hold, and at long last some people are for some Americans, let’s make sure objection, it is so ordered. beginning to feel more hopeful. millions of others are not left behind. f But as the tide rises for some com- We need to lift the least fortunate munities, others continue to slip fur- COMMUNITY REHABILITATION among us and ensure every American ther and further behind. In a troubling has an equal chance to benefit from our Mr. BURRIS. Mr. President, I rise new report, the unemployment rate continued economic recovery. today to applaud Senator LINCOLN and among African Americans has risen to As one of our former distinguished Senator SNOWE for their leadership and 14.9 percent—up 6 points since 2007. Ev- Vice Presidents, Hubert Humphrey, fa- commitment in introducing S. 1222. eryone is hurting, but this is an alarm- mously said: This legislation would revise and ex- ing sign that some groups are still The moral test of government is how that tend existing empowerment zone, re- hurting more than others. While one in government treats those who are in the dawn newal community, and enterprise com- five White teens is without a job, two of life, the children; those who are in the munity rules. It seeks to make these in five African-American teens are un- twilight of life, the elderly; and those who programs more effective and ensure employed, along with one in three His- are in the shadows of life, the sick, the that the incentives work as intended. I panic teens. The overall share of Afri- needy, and the handicapped. am proud to be a cosponsor of this im- can Americans with jobs has reached It is time to renew our commitment portant measure. its lowest point since 1986. to the communities that are hurting Congress created empowerment As we begin to emerge from the the most, and as we work to increase zones, renewal communities, and enter- worst of this economic crisis, we must transparency and speed up the respon- prise communities to spur economic not forget that there is still a long way sible use of the stimulus funds, we need growth and create job opportunities. to go for many Americans. In our rush to make sure no one is left behind. Cities such as East St. Louis and Chi- to get this economy back on track, we Mr. President, again, we need to cago, IL, have received tax incentives need to make sure we don’t leave cer- make sure no one is left behind. worth $5.3 billion. These incentives en- tain communities behind. This means I yield the floor and suggest the ab- courage businesses to open or expand increasing the amount of capital avail- sence of a quorum. and to hire local residents. They in- able to employers, helping put Ameri- The PRESIDING OFFICER. The clude employment credits, low-interest cans back to work, and protecting clerk will call the roll. loans, reduced taxation on capital small businesses. The assistant legislative clerk pro- gains, and other incentives. As a former banker who worked hard ceeded to call the roll. Unfortunately, some of the programs to secure loans for small businesses, I Mr. JOHANNS. Mr. President, I ask have not operated as intended. A few have a deep understanding of the role unanimous consent that the order for major hurdles have prevented full utili- these companies play in creating jobs the quorum call be rescinded. zation of the tax benefits available. and helping the economy to grow. The PRESIDING OFFICER. Without These incentives desperately need to be I know how crucial it is to provide objection, it is so ordered. refined and extended. That is exactly immediate relief, as well as lasting f what this legislation would do, and support. That is why I applaud Presi- that is why it is so important for the dent Obama’s recent call to speed up HEALTH CARE REFORM Senate to act without delay. the disbursal of stimulus funds. This Mr. JOHANNS. Mr. President, as the Empowerment zones such as the one would save or create roughly 600,000 rhetoric over health care reform starts in East St. Louis, IL, focus on grass- jobs in the next 3 months alone. to heat up—and, of course, it has—I roots, sustainable progress. They cre- This will not be an easy task, but it find myself trying to determine ex- ate a bond between businesses, employ- is necessary to strengthen America’s actly what we are trying to accomplish ees, and surrounding communities. De- small business, put people back to with this debate. Are we attempting to spite receiving only one-fourth of an- work, and restore economic security. put together what I think is the right

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.017 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6679 approach—a bipartisan solution to a to the promises, they directly con- results just to finish by the August re- problem that is affecting every Amer- tradict those promises. For example, cess. It doesn’t make any sense. We are ican family and business—or are we the report by the Congressional Budget talking, Mr. President, about people’s caught up in pushing something Office states that 15 million Americans health care. We are talking about the through this body with little delibera- who currently have employer-spon- health and safety of their families. As tion and little regard for the con- sored insurance will lose that coverage the adage goes: It is better to invest sequences of our hurried action? And under this proposal. I can rise today the time to get it right the first time the consequences are great. and very safely say this isn’t a talking instead of getting it wrong expedi- I fear we are leaning toward the lat- point that came off of somebody’s tiously. ter statement, based upon the time sheet. This is actually an analysis done We need to get back to a middle limits and the rush in the committees by a body that we all rely upon—the ground and follow through on the charged with producing very complex Congressional Budget Office. promises that have already been made health care legislation. I do not envy These numbers are likely to increase to provide real health care reform— them their task. I would argue that it as soon as the figures for the govern- sustainable health care reform. The is more important to craft a very good, ment-run public plan are included. American people deserve a thorough, very solid bill that actually will solve After all, the Lewin Group—which does bipartisan debate on health care, not a the problem instead of forcing a not- research in this area—has issued a fore- rushed, ill-advised piecemeal approach well-thought-out, half-analyzed bill cast that a public plan would probably to an enormously serious problem. I onto the backs of the American people. cause 119 million people who have em- hope we have that opportunity because What we do in this arena will affect ployer-provided health insurance to this is too important to get wrong. every American. I believe our constitu- shift over to the public plan. Mr. President, I appreciate the oppor- ents deserve so much more from us, So let’s take a moment to recap. The tunity to offer my thoughts. I yield the and we should think twice before we administration’s promise: Citizens will floor, and I suggest the absence of a proceed down a path that is wrong. get to keep their employer-provided quorum. The American people deserve to health insurance, if they choose. Re- The PRESIDING OFFICER (Mr. know the truth about what is included ality: CBO says 15 million people will KAUFMAN). The clerk will call the roll. The assistant legislative clerk pro- in the bills that are being considered. be displaced from that coverage. Re- ceeded to call the roll. They have a right to know how this ality: The Lewin Group, in its esti- will affect the long-term health not Mr. DURBIN. Mr. President, I ask mate, says that could climb to 119 mil- unanimous consent that the order for only of their families but of the Na- lion Americans dumped from their pri- tion. Of course, in that arena, they the quorum call be rescinded. vate insurance onto a government sys- need to know the long-term health of The PRESIDING OFFICER. Without tem. this Nation, both physically and finan- objection, it is so ordered. Furthermore, CBO indicated that Mr. DURBIN. I ask consent to speak cially. about 39 million individuals would re- We can find many points of agree- as in morning business. ceive coverage through the government ment on how to reform our health care The PRESIDING OFFICER. Without insurance exchange. That is the con- system. I have heard countless speech- objection, it is so ordered. The Senator cept in this complex legislation. How- es about the need to eliminate waste is recognized. ever, after you factor in those who and fraud and abuse—and it does exist Mr. DURBIN. Mr. President, as we would lose their employer-based cov- in this system. Many agree we should meet on the floor of the Senate, we are use technology to eliminate adminis- erage and those who would switch from deliberating a bill about promoting trative costs and to eliminate errors. other government programs, we are ac- tourism in America, which turns out to There is much talk about the need to tually only bringing 16 million cur- be a way to increase economic activity, enhance transparency within the sys- rently uninsured people into the fold. create some business activity, keep tem, as well as the need to increase In other words, our country would still people in their jobs, and maybe attract health and wellness efforts to lead to a have an uninsured rate—after spending folks from overseas to see this beau- healthier society. I have heard the over $1 trillion—of 13 percent when the tiful land of ours. We are now in a pro- valid points made about needing to bill is fully implemented. cedural holding pattern. The minority stem the rising cost of health care and The administration promised cov- party has asked us to wait 30 hours be- bending the health care cost curve. erage for all. Reality: CBO estimates 13 fore we talk about it. It is unfortunate These are easy areas to agree. I think percent uninsured Americans. That is because we are prepared to go and are there is a middle ground, and I think millions of Americans still not having ready and we have a lot of things to do, we should all be standing upon it when access to health care in any meaning- but the rules of the Senate are avail- we are viewing health care reform. ful way. able for them as for us, and they are However, I am disappointed by the Some do claim the analysis doesn’t utilizing them now to delay and stop recent health care proposal emanating reflect the full proposal. They will action on this bill which is very rou- from the HELP Committee—the Af- make the case that the final report will tine, bipartisan, and enjoyed the sup- fordable Health Choices Act. The legis- show that more of the uninsured will, port of over 90 Senators when it was lation does not seem to capture the in fact, be covered. However, this pro- called yesterday on a procedural vote. spirit of the bipartisan effort the Presi- posal is already estimated to cost $1 In the meantime, as we are waiting dent indicated he wanted to have in trillion over 10 years—a huge pricetag. on the floor for the Republicans to give order to accomplish this important Not surprisingly, this pricetag is ex- us permission to go forward, the com- task. Instead, the Affordable Health pected to increase. Spending this kind mittees are at work. I left the Judici- Choices Act is just another government of money to only insure 16 million peo- ary Committee where the Presiding Of- takeover of the health care system. ple should be disappointing to every- ficer is also a member, with the Attor- This is not the health care reform that body—disappointing to every Amer- ney General, where we spoke about Americans have asked for, in my opin- ican. Just when our economy is trying some critical issues. ion. to achieve some equilibrium, slamming Right across the hall from us is the Americans have been promised some it with these kinds of costs for these Finance Committee, and they are de- things already. They have been prom- few results I don’t believe is even a bating the future of health care in ised that everyone will receive health good-faith effort on our part. America, and that is a debate which we care; that they would get to keep their I believe everyone wants to solve are all following very closely. insurance, if they like it; and the gov- these complex health care challenges, It is clearly time for us to acknowl- ernment will be responsible and act re- but I think it is so important to be edge the obvious. Although we have sponsibly in using taxpayer dollars. thoughtful, careful, and to take a mo- some of the best hospitals and doctors Unfortunately, the current legislation ment to step back and take a deep in the world, the fact is the cost of simply doesn’t live up to the promises. breath. It makes no sense from a policy health care in America is spinning out In fact, the legislation has a number standpoint to rush these enormously of control and if we do not have the po- of proposals that not only don’t live up complex decisions with unbelievable litical will and courage to step up at

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.019 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6680 CONGRESSIONAL RECORD — SENATE June 17, 2009 this moment in time and address that, enough to have health insurance, but and medical professionals to bring it is going to get much worse. People those smack-dab in the middle who get down the cost of health care. will find that there will be more unin- up and work every day at businesses, There is a widely read article which sured people, people with health insur- maybe businesses they own, and do not has been referred to over and over, ance that is not worth much, and that have health insurance. One out of four worth repeating, published by a doctor the cost of what you can buy will be so realtors in America has no health in- who is a surgeon in Boston. His name is expensive that average people cannot surance. You don’t think of that, but it Atul Gawande. The article was pub- afford it. You will find, if we do not do is a fact. So we work with them to try lished in the New Yorker on June 1. I something, that health insurance com- to come up with an approach—that is commend it to everyone following this panies will continue to exclude people now being debated by the Finance debate because most Members of Con- because of preexisting conditions, con- Committee—to have small businesses gress are reading it closely. Dr. tinue to argue incessantly with doctors and self-employed people have a chance Gawande went to McAllen, TX, and over what the right procedure will be. to buy health insurance just like Fed- wanted to know why the average cost We will find unfortunately that there eral employees can buy health insur- for a Medicare patient treatment in will be a situation where we do not ance. that town was $15,000 a year while the have the chance to utilize the very best But we really have to get to the bot- average cost in El Paso—and Chicago, I health care in this country for needed tom line of this issue. It is not enough might add—was right at $10,000 a year. procedures. to just say we are going to cover 48 Why did it cost 50 percent more to Many Senators say: I have listened to million Americans currently not cov- treat a Medicare patient in McAllen, that but count me out. I have a great ered. That is important because unin- TX? He took a look and sat down with health insurance plan. I don’t need to sured people who show up at the hos- doctors, and being a surgeon he knew be part of your debate. pital in America today are not turned what questions to ask. What President Obama has said and away, they are treated. Who pays for The first response was: Defensive what we have said in Congress is: OK, them if they cannot pay for them- medicine. We have to order extra tests we accept that. If you have health in- selves? The rest of us—taxpayers and because those lawyers will sue us. surance that you like, that you want to people with health insurance. It is esti- Another Doctor said: You know that keep, you can keep it. There will not be mated that the average family pays an is not true, Texas has the toughest any change. But if you happen to be additional $1,000 a year—almost $100 a medical malpractice law in America, one of those Americans who think they month—for coverage for uninsured peo- limiting pain and suffering awards to can do better for something more af- ple. We are picking up their health ex- $250,000. fordable or, sadly, if you are one of the penses because they do not have health This doctor went on to say: Nobody is 48 million Americans with no health insurance. That is a hidden tax. So suing us around here. It is not about when we talk about the cost of health insurance, for you, we think we have to defensive medicine. If it is, it is a tiny care reform, there is a real cost of change some of the ways we do busi- part of it. doing nothing—about $1,000 a year out- ness in this country. What it turns out is many of the doc- One of the key elements here, as I of-pocket for most American families. tors in that community, and hospitals, We need to move on to the tougher mentioned already, is what to do with are ordering more procedures than are issue, and this is the one debated at 48 million uninsured. If these uninsured needed. If you are a patient or the par- length here on the floor. The bottom people had their own health insurance, ent of a patient, you are not going to line here is the cost of medical care. it would be a benefit to all the rest of question it when a doctor says: I think We spend twice as much as any other us who happen to have health insur- we need an MRI. Are you going to say: nation on Earth for medical care for ance. Doctor, are you sure we need an MRI? our citizens. Sadly, we do not have the Some of these political commenta- You trust his judgment, and that judg- results to show for it. If you look at tors like to write that Members of the ment, unfortunately, can be very ex- the basic health indicators, many Senate have some special health insur- pensive because the doctors in that countries that spend far less per person ance plans. We are fortunate to have town are motivated by more proce- than the United States have much bet- one of the best in the world, but it is dures, more billing, more money, more ter outcomes. You wonder, why is that the same plan Federal employees have profit. That is the wrong motivation. the case? We have the best hospitals, across America. Eight million Federal we have the best doctors, we have all The motivation should be a healthy pa- employees and their families, and the technology, all the drug companies. tient, a good medical outcome. Dr. Gawande contrasted McAllen, Members of Congress who opt to buy Why are we not the healthiest people TX, with the Mayo Clinic, a fantastic into it, have a wonderful plan. I am in the world? lucky; my wife and I are very fortunate Some of it is our own fault. When medical resource in Rochester, MN. It to have that kind of coverage. But for you look at the chronic conditions that treated members of my family, and it a lot of people, they don’t have that cost so much in our health care sys- is one of the best in the Nation. The kind of luxury. Once each year, I can tem, it is the choice of the person who Mayo Clinic hires the best doctors they choose from nine different health in- decides, I am going to keep smoking can find and pays them by salary. They surance plans that sell to Federal em- cigarettes. That is a terrible choice. It are not paid by patient or how much ployees who live in the State of Illi- can lead to sickness and disease and they bill. So these salaried doctors are nois. That is quite a good deal. If I even death, and that is a lifestyle looking for good outcomes. They don’t don’t like the way I was treated last choice people should not make, and want to order anything more than a pa- year by my health insurance company, they do and we pay dearly for it. tient needs. They want to get a good I can change. It is like buying a car; I Other people do not watch their diets outcome. Think of the difference in have a lot of places to shop and look. closely. I am certainly no one to motivation between the doctors in But most Americans don’t have that. preach on that. But when we suffer McAllen, TX, and the doctors in Roch- Most Americans do not have the option from obesity in this country, people ester, MN. of looking for health insurance, and if end up in the hospital and end up in The Congressional Budget Office sent they do, they cannot afford it. If you doctors’ offices 10 times more fre- a report to us yesterday, and it says if have to pay for it out of pocket, you quently than people who are not obese. you really want to reduce the costs of may find yourself unable, and small Diabetes comes from that, high choles- health care in America, you have to businesses which want to provide terol, high blood pressure, heart prob- get to the question of reimbursement. health insurance, not only for the own- lems—all these can be managed with When you talk about that, you will get ers but the workers, say: It is just too lifestyle choices and preventive medi- everybody at the American Medical As- darned expensive, we cannot afford to cine, which we do not focus on in sociation on their feet, shaking their do it. America today, so we need to do more fists, saying if you cut back on com- That is why 48 million Americans— of that. pensation and reimbursement for doc- not the poorest because we cover them But the other element is we need to tors, fewer people will go into the pro- with Medicaid, and not those lucky have buy-in from doctors and hospitals fession, you will not be able to get the

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.020 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6681 best procedures—you understand what told us: Do not go home this year with- ard Baker, Tom Daschle, Bob Dole and they are going to say. I have heard it. out health care reform. George Mitchell—will release a solid pro- Many of us have heard it. But we have He is right. It is time to roll up our posal for health care reform. Among other to find a good way to approach this. We sleeves and get that done. things, it would call on the federal govern- ment to do more research on which treat- have to bring down the rising cost of I ask unanimous consent that an ar- ments actually work. An ‘‘independent health care in this country. ticle from the New York Times on June health care council’’ would also be estab- One of the suggestions is that in ad- 17, this morning, by David Leonhardt lished, charged with helping the government dition to private health insurance com- entitled ‘‘Health Care Rationing Rhet- avoid unnecessary health costs. The Obama panies offering health insurance, we oric Overlooks Reality’’ be printed in administration supports a similar approach. have a public option, that we have a the RECORD. And connecting the dots is easy enough. plan that really is not motivated by There being no objection, the mate- Armed with better information, Medicare profit, whether it is a government- rial was ordered to be printed in the could pay more for effective treatments—and no longer pay quite so much for health care sponsored plan like Medicare or wheth- RECORD, as follows: that doesn’t make people healthier. er it is some other plan, a cooperative, [From the New York Times, June 17, 2009] Mr. Baker, Mr. Daschle, Mr. Dole and Mr. which Senator CONRAD has proposed, HEALTH CARE RATIONING RHETORIC Mitchell: I accuse you of rationing. that really says: Let’s take the profit OVERLOOKS REALITY There are three main ways that the health out of it and see if we can move toward (By David Leonhardt) care system already imposes rationing on us. The first is the most counterintuitive, be- the best health care outcomes and re- Rationing. duce the costs of health insurance so cause it doesn’t involve denying medical More to the point: Rationing! care. It involves denying just about every- we get a good medical outcome at a As in: Wait, are you talking about ration- thing else. reasonable cost. ing medical care? Access to medical care is a The rapid rise in medical costs has put Some have come to the floor and fundamental right. And rationing sounds many employers in a tough spot. They have criticized that idea. I think they are like something out of the Soviet Union. Or had to pay much higher insurance premiums, wrong. I think if you look at the Medi- at least Canada. which have increased their labor costs. To The r-word has become a rejoinder to any- care system, 45 years after we enacted make up for these increases, many have one who says that this country must reduce given meager pay raises. it, it has been an unqualified success. its runaway health spending, especially any- Just look at how long seniors are liv- This tradeoff is often explicit during con- one who favors cutting back on treatments tract negotiations between a company and a ing because they have good medical that don’t have scientific evidence behind labor union. For nonunionized workers, the care after they reach the age of 65. It is them. You can expect to hear a lot more tradeoff tends to be invisible. It happens be- not a question of whether you are rich about rationing as health care becomes the hind closed doors in the human resources de- or poor. dominant issue in Washington this summer. partment. But it still happens. I run into people in my State of Illi- Today, I want to try to explain why the Research by Katherine Baicker and nois—a woman, a Realtor who said to case against rationing isn’t really a sub- Amitabh Chandra of Harvard has found that, stantive argument. It’s a clever set of on average, a 10 percent increase in health me in Harrisburg, IL: Senator, I want buzzwords that tries to hide the fact that so- you to meet me. She said: I am 64 years premiums leads to a 2.3 percent decline in in- cieties must make choices. flation-adjusted pay. Victor Fuchs, a Stan- old. I have never had health insurance In truth, rationing is an inescapable part ford economist, and Ezekiel Emanuel, an 1 day in my life. of economic life. It is the process of allo- oncologist now in the Obama administration, I could not believe that. But she said: cating scarce resources. Even in the United published an article in The Journal of the Next year I am 65. I am going to have States, the richest society in human history, American Medical Association last year that Medicare. And finally I can breathe a we are constantly rationing. We ration spots nicely captured the tradeoff. When health little easier knowing that the savings I in good public high schools. We ration lake- costs have grown fastest over the last two front homes. We ration the best cuts of steak have put together are not going to be decades, they wrote, wages have grown slow- and wild-caught salmon. est, and vice versa. wiped out with one trip to the doctor. Health care, I realize, seems as if it should So we understand that Medicare has So when middle-class families complain be different. But it isn’t. Already, we cannot about being stretched thin, they’re really worked. And it has created quality care afford every form of medical care that we complaining about rationing. Our expensive, and good outcomes. We also know the might like. So we ration. inefficient health care system is eating up Veterans’ Administration, another gov- We spend billions of dollars on operations, money that could otherwise pay for a mort- ernment health insurance approach for tests and drugs that haven’t been proved to gage, a car, a vacation or college tuition. the men and women who served our make people healthier. Yet we have not The second kind of rationing involves the country, whom we honor with a med- spent the money to install computerized uninsured. The high cost of care means that medical records—and we suffer more medical ical system that is there for them, pro- some employers can’t afford to offer health errors than many other countries. insurance and still pay a competitive wage. vides some of the best care in our coun- We underpay primary care doctors, rel- Those high costs mean that individuals can’t try. ative to specialists, and they keep us stewing buy insurance on their own. We need to find a way to work out in waiting rooms while they try to see as The uninsured still receive some health these differences. Believe me, at the many patients as possible. We don’t reim- care, obviously. But they get less care, and end of the day there will always be a burse different specialists for time spent col- worse care, than they need. The Institute of reason to do nothing. There will be po- laborating with one another, and many hard- Medicine has estimated that 18,000 people litical risk in doing something. But the to-diagnose conditions go untreated. We died in 2000 because they lacked insurance. don’t pay nurses to counsel people on how to American people have to stick with us By 2006, the number had risen to 22,000, ac- improve their diets or remember to take cording to the Urban Institute. in this debate and understand that if their pills, and manageable cases of diabetes The final form of rationing is the one I de- we do not address the fundamental and heart disease become fatal. scribed near the beginning of this column: issue, it is not just a question of ‘‘Just because there isn’t some government the failure to provide certain types of care, whether we will have deficits as far as agency specifically telling you which treat- even to people with health insurance. Doc- the eye can see from medical costs or a ments you can have based on cost-effective- tors are generally not paid to do the block- program going through the roof, it is a ness,’’ as Dr. Mark McClellan, head of Medi- ing and tackling of medicine: collaboration, question of whether we will all have care in the Bush administration, says, ‘‘that probing conversations with patients, small doesn’t mean you aren’t getting some treat- peace of mind of health insurance pro- steps that avoid medical errors. Many doc- ments.’’ tors still do such things, out of professional tection for ourselves and our families Milton Friedman’s beloved line is a good pride. But the full medical system doesn’t do that makes sure we have something we way to frame the issue: There is no such nearly enough. can afford, based on quality that will thing as a free lunch. The choice isn’t be- That’s rationing—and it has real con- provide the kind of health care we tween rationing and not rationing. It’s be- sequences. need. It all comes around. Every family tween rationing well and rationing badly. In Australia, 81 percent of primary care faces it. And when that day comes, we Given that the United States devotes far doctors have set up a way for their patients want to make sure we have done our more of its economy to health care than to get after-hours care, according to the other rich countries, and gets worse results Commonwealth Fund. In the United States, part. This year, President Obama has by many measures, it’s hard to argue that we only 40 percent have. Overall, the survival challenged us, though we are sitting are now rationing very rationally. rates for many diseases in this country are idly on the floor today doing virtually On Wednesday, a bipartisan panel led by no better than they are in countries that nothing except giving speeches. He has four former Senate majority leaders—How- spend far less on health care. People here are

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.020 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6682 CONGRESSIONAL RECORD — SENATE June 17, 2009 less likely to have long-term survival after quire stronger safety and soundness serve. That is a model that has been colorectal cancer, childhood leukemia or a standards and would close the loophole discussed, that perhaps the Federal Re- kidney transplant than they are in Canada— on the regulation of credit default serve should take on the responsibility that bastion of rationing. swaps. It would eliminate the Office of of the systemic risk monitor. The None of this means that reducing health costs will be easy. The comparative-effec- Thrift Supervision, among other provi- Chairman of the Fed would be a mem- tiveness research favored by the former Sen- sions. ber of the council, I have advocated, ate majority leaders and the White House There is widespread consensus that and, of course, the Nation’s top banker has inspired opposition from some doctors, we do need a system, a measure for re- would play a critical role in how the members of Congress and patient groups. viewing systemic risk. We need to have council discharges its responsibilities. Certainly, the critics are right to demand one entity that is responsible for look- But, in my view, the Federal Reserve that the research be done carefully. It should ing across the financial markets and fi- already has plenty on its plate—includ- examine different forms of a disease and, nancial institutions and identifying ing, after all, the conduct of monetary ideally, various subpopulations who have the regulatory black holes and high-risk policy—and should not be distracted disease. Just as important, scientists—not political appointees or Congress—should be practices or products that could put from those primary responsibilities by in charge of the research. our financial markets at risk. For this being asked to lead the new council. But flat-out opposition to comparative ef- reason, I am pleased the administra- There are several other important fectiveness is, in the end, opposition to mak- tion is proposing the creation of a provisions in the President’s plan on ing good choices. And all the noise about ra- council of regulators to ensure that which I would like to comment. First, tioning is not really a courageous stand many perspectives and areas of exper- with respect to the too-big-to-fail prob- against less medical care. It’s a utopian tise are brought to the table. lem, my bill would give the council the stand against better medical care. As we know now from bitter experi- authority to make sure large financial Mr. DURBIN. Mr. President, I yield ence, we do not have, currently, any institutions do not imperil the system the floor, and I suggest the absence of entity charged with evaluating risk by imposing higher capital require- a quorum. across the financial spectrum. As a re- ments on them as they grow in size or The PRESIDING OFFICER. The sult, we saw institutions take on far raising their risk premiums or requir- clerk will call the roll. more leverage than was appropriate. ing them to hold a larger percentage of The legislative clerk proceeded to We saw exotic new derivatives that their debt as long-term debt. The call the roll. were poorly disclosed, not well under- President also proposes that the coun- Ms. COLLINS. I ask unanimous con- stood, and lightly regulated, if at all, cil play a role in setting these require- sent that the order for the quorum call develop over the last few years and im- ments. We have to get away from the be rescinded. peril our financial markets. So it is problem we have now where we create The PRESIDING OFFICER (Mrs. critical that we have an entity—and I a moral hazard. A firm knows if it be- HAGAN). Without objection, it is so or- believe a council of regulators is the comes big enough and engages in suffi- dered. best entity—to look across the finan- ciently risky processes or practices, Ms. COLLINS. Madam President, I cial markets rather than having each Uncle Sam is going to step in and bail ask unanimous consent that I be per- regulator view its regulatory respon- that institution out. That is exactly mitted to speak as in morning business sibilities and regulated entities the wrong message for us to be sending. for 15 minutes. through a narrow prism. It is astonishing to me that our regu- The PRESIDING OFFICER. Without To my mind, the President’s decision latory system was so lax and had so objection, it is so ordered. to rely on a council model makes his many gaps in it that we could have this huge market in credit default swaps f proposal far more practical and effec- tive than alternatives which would arise where they were regulated nei- FINANCIAL REGULATORY REFORM have required the restructuring of ther as a security or as insurance; that Ms. COLLINS. Madam President, mo- most or all of the financial agencies we can have a situation where a large ments from now, President Obama will that currently oversee the financial firm such as Bear Sterns has a leverage unveil his administration’s long-await- system. The effort to achieve that kind ratio that exceeds 30 to 1 and no regu- ed proposal to restructure and reform of massive change and consolidation lator is stepping in; that we can have our Nation’s financial regulatory sys- would take many years to implement. all of those kinds of problems. That is tem. I wish to take a few minutes to As the experience in the United King- what we have to act to prevent. The approach to too big to fail is one share my initial reactions to some of dom demonstrates, it would be no guar- we have to undertake carefully, how- the most important features in the antee that our Nation’s economy would ever. I don’t think it makes sense to President’s plan. be shielded from systemic risk, even put some arbitrary limit on how big a At the outset, let me say the Presi- after such a consolidation were imple- firm can get, but I do believe that with dent and his financial team deserve mented. considerable credit for tackling this Under the legislation I have intro- increased size should come increased critical issue. It is important that all duced, a financial stability council scrutiny by the regulators and higher of us recognize how critical Federal fi- would be the primary entity respon- capital requirements. The TARP congressional oversight nancial regulatory reform is and that sible for detecting systemic risk and panel has adopted a similar position. we not put this issue off until some dis- taking action to protect against that As the panel has explained: tant future. When the present crisis is risk. While I am pleased the President We should not identify specific institutions behind us—something we all hope will has chosen the council of regulators be sooner rather than later—other in advance as too big to fail, but rather have model as well, I differ with his proposal a regulatory framework in which institu- issues will demand our attention and to have the Secretary of the Treasury tions have higher capital requirements and calls for reform, I fear, will begin to serve as the head of the council. In- pay more on insurance funds on a percentage fade. If that happens, our financial sys- stead, I believe the council’s chairman basis than smaller institutions which are tem would remain flawed, and these should be independent of any of the less likely to be rescued as being too sys- flaws must be corrected or they will regulatory agencies serving on the temic to fail. emerge, once again, in the future to council and that it is important that Second, I support the idea of requir- threaten our prosperity and to imperil that chairman devote his or her full en- ing that lenders keep some ‘‘skin in the financial markets. ergies to that role and not have other game’’ when dealing in asset-backed In several aspects, the President’s fi- important responsibilities. securities. One of the big problems nancial reform proposal parallels legis- It is also important that individual with the current system is risk has be- lation I introduced in March to fun- be subject to congressional oversight, come divorced from responsibility. The damentally transform our Nation’s fi- be presidentially appointed, and Senate mortgage broker gets paid for finding nancial regulatory system. The bill I confirmed. the client, placing the loan with a fi- introduced would create a council of fi- I do believe, however, that the Presi- nancial institution, and then has no nancial regulators to act as a systemic dent made the right choice in not as- further obligation. The financial insti- risk monitor. The bill would also re- signing this role to the Federal Re- tution that is underwriting the loan

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.004 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6683 ends up selling it on the secondary recognized as the weak sister when it The PRESIDING OFFICER. The Sen- market so, again, it has no further ob- comes to bank regulators. That is why ator from Washington. ligation. This system goes on and on both my bill and the effect of the Presi- Mrs. MURRAY. Madam President, I and on. So I think the President is dent’s proposal is to do away with that ask unanimous consent to speak as in right about requiring everyone along regulator and to have a consolidated morning business. the chain to have a financial interest regulator. The PRESIDING OFFICER. Without in the ultimate health of the mortgage. Fifth, I need to learn more about the objection, it is so ordered. Since last spring, the Homeland Se- President’s proposal to consolidate PARIS AIR SHOW curity and Governmental Affairs Com- consumer protection for financial prod- Mrs. MURRAY. Madam President, I mittee, of which I am the ranking ucts into one agency. The current fi- rise today to draw attention to an member and Senator LIEBERMAN is the nancial regulatory agencies—whether event that is going on across the At- chairman, has held a series of hearings the bank regulators or the Securities lantic Ocean and how it impacts thou- on the roots of the present financial and Exchange Commission or the sands of good-paying family-wage jobs crisis. One problem consistently raised CFTC—all have an important role to right here in the United States. by the experts is the fact that asset- play in consumer protection, a role As some of my colleagues know, the backed securities allowed lenders to that has not always been played ade- Paris Air Show kicked off this week. sell their loans to investors and there- quately in the last few years. Is the an- The air show showcases many impres- by avoid the risk that borrowers might swer, however, to the problems we have sive displays of aviation, technology, default on these loans. That encour- seen simply to remove consumer pro- and innovation. aged looser lending standards, and led tection from the bank regulators’ re- But there is something else that is to the boom and ultimately the bust in sponsibilities? I am not sure that is the going to be on display at this year’s air the housing market. right response. I think we need to look show: the fruits of some 30-plus years I understand the ability to sell those very closely at this issue. of direct cash advances and illegal sub- loans gives more liquidity and allows Finally, I welcome the President’s sidies to the European aerospace com- for additional mortgages to be made. proposal to provide Federal regulators pany Airbus. But I think if you required the lenders with resolution authority over holding For more than three decades now, to retain an interest in the loan, they companies and other nonbank financial the European governments that cre- are going to have more at stake when institutions similar to the kind the ated Airbus to specifically compete it comes to the financial security of FDIC has over banks. This lack of au- with the United States have aggres- the loan and, indeed, whether the loan thority presented Federal regulators sively funded, protected, and promoted should have been made in the first with a Hobson’s choice with respect to their venture. place. nonbank financial institutions such as Since 1969, the European govern- Third, I am intrigued by the Presi- AIG: bail them out or allow them to ments of France, Germany, Spain, and dent’s proposal to reform the role fail, notwithstanding the damage to the UK have supported—the govern- played by credit rating agencies. I am the economy as a whole. ments have supported—Airbus’s com- deeply concerned by the failure of Madam President, let me conclude mercial aircraft development with over these agencies to provide meaningful my comments. $15 billion in launch aid. Those are warning of the riskiness of investments As a former Maine financial regu- high-risk loans at no- or low-interest, backed by subprime loans, even after lator, I am convinced that financial with repayment contingent on the the market’s downturn. I am very trou- regulatory reform is absolutely essen- commercial success of the aircraft. bled by the way the system works now, tial to restoring confidence in our fi- According to the USTR, the amount where essentially there is an auction, nancial markets and to preventing a of launch aid Airbus has received dur- there is ‘‘ratings shopping,’’ and there recurrence of a crisis such as the one ing the lifetime of that company—if it are conflicts of interest inherent in the we now face. was repaid on commercial terms—is system. I applaud the administration for well over $100 billion. Fourth, I support the President’s pro- making this reform a priority. Such massive, market-distorting sub- posal to regulate and bring trans- America’s Main Street small busi- sidies to a private company are today parency to the derivatives market, in- nesses, homeowners, employees, savers, allowing Airbus to offer incentives for cluding the over-the-counter market. and investors deserve the protection of airlines to buy their planes. Airbus is a This is a large, complex market where an effective, new regulatory system mature company, with more than half some companies are trying to enter that modernizes regulatory agencies, of the market for large commercial air- into legitimate hedging contracts, but sets safety and soundness requirements craft. But Europe is still treating it as other financial institutions have been for financial institutions to prevent ex- a company with kid gloves. engaged in a tangled web of inter- cessive leverage, and improves over- In fact, last week, Bloomberg News locking contracts that are extremely sight, accountability, and trans- reported that Airbus is seeking ap- difficult to properly evaluate. parency. I look forward to working proximately $5 billion in launch aid The lack of regulation and trans- closely with the administration to from the governments of France, Ger- parency in this area led to the near achieve these goals. many, Spain, and the UK to now fund failure of AIG, which had engaged in f the development of the Airbus A350. hundreds of these contracts in the form CONCLUSION OF MORNING Reports indicate that the deal could be of credit default swaps. As the finan- BUSINESS completed within the month. cial crisis deepened, the American tax- If we want to keep a strong aerospace payer was forced to bail out AIG with The PRESIDING OFFICER. Morning industry in America, we cannot let at least $70 billion due to the uncer- business is closed. that happen. Every time European gov- tainty of the impact of these credit de- f ernments underwrite Airbus with sub- fault swaps on the economy as a whole. TRAVEL PROMOTION ACT OF 2009— sidies, our American workers get pink But AIG’s experience should not be MOTION TO PROCEED slips. used as an excuse to alter the tradi- The PRESIDING OFFICER. Under If we want to lead the world in com- tional authority of States to regulate the previous order, the Senate will re- mercial aerospace, our message to Eu- insurance. sume consideration of the motion to rope has to be strong and clear: No It was a noninsurance financial sub- proceed to S. 1023, which the clerk will more illegal subsidies to prop up Air- sidiary of AIG that led to the debacle. report. bus. And Airbus has to compete in the AIG’s insurance business remained The legislative clerk read as follows: marketplace just like everybody else. pretty healthy. The problems were in I am deeply troubled that Airbus is A motion to proceed to the bill (S. 1023) to the financial services unit, and I do not establish a non-profit corporation to commu- considering pursuing now additional il- think it is a coincidence that unit was nicate United States entry policies and oth- legal, trade-distorting subsidies that, regulated by the Office of Thrift Super- erwise promote leisure, business, and schol- in effect, have caused adverse effects vision, primarily, which has been long arly travel to the United States. on the American aerospace industry at

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.024 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6684 CONGRESSIONAL RECORD — SENATE June 17, 2009 the same time the European Union is tries—our manufacturers, our engi- Last weekend, EADS head Louis being sued in the World Trade Organi- neers, our researchers—and our devel- Gallois said: zation for those such practices. opment and science base to keep the We will see at the end of the day who is That is why I am writing to Ambas- U.S. military stocked with the best and creating more jobs. We are starting from sador John Bruton urging the EU to most advanced tools and equipment scratch in Alabama. We have to create an in- show it is serious about pursuing fair available. dustrial base. trade practices with the United States So whether it is our scientists who Well, America has a highly skilled by ending any discussion or movement are designing the next generation of aerospace industrial base. It has taken forward on those subsidies. military satellites or our engineers a very long time to build it. We have The message sent by the U.S. Gov- who are improving our radar systems machinists today who have past experi- ernment is very clear. or our machinists who are assembling ence and know-how down the ranks for On April 11, 2005, this Senate unani- our planes, these industries and their over 50 years. We have engineers who mously adopted Senate Concurrent workers are one of America’s greatest know our mission and know the needs Resolution 25. That resolution called strategic assets. of our soldiers and sailors and airmen for European governments to reject We ought to ask the question: What and marines and they have a reputa- launch aid for the A350. if they were not available anymore? tion for delivering for our U.S. mili- Launch aid for the A350 or any other What if we here made budgetary and tary. form of preferential financing for Air- policy decisions without taking into I believe we need to move forward with a fair and transparent rebid of the bus is unacceptable. We will not tol- account the future needs of our domes- tanker contract. The comments and erate another round of subsidies that tic workforce? the actions coming out of France this kill our American jobs. That is not impossible. It is not un- week have been anything but. But, In addition to the trade-distorting thinkable. It is actually happening. again, this isn’t just about one con- subsidies now being talked about in And it is time to have a real dialog tract; this is about our Nation’s eco- Paris, there are other distortions show- here about the ramifications of these nomic stability, it is about our mili- decisions before we lose our capability ing up in the news accounts as well. tary capability, and it is about ensur- Several weeks ago, I had the oppor- to provide our military with the tools ing that our workers are a consider- tunity here in the Senate to question and equipment they need. Because once ation in the decisions we are making Air Force Secretary Michael Donley at our plants shut down and our skilled on major defense contracts. our Defense Appropriations Sub- workers move to other fields, and once It took us a long time to build our in- committee. I told him about my con- all the infrastructure we have here is dustrial base, and it is built on the best cerns for the future of our domestic in- gone, it cannot be rebuilt overnight. America has to offer: Our innovative dustrial base and how I believe the fu- As a Senator from Washington State, spirit, our dedication to this country ture capabilities of both our domestic I represent five military bases and and, most importantly, our Nation’s workforce and our military must be many of our military contractors and workers. We have to work to preserve taken into account as we work to re- suppliers, and, believe me, I am keenly it, and we need to stand against unfair form our procurement process. aware of the important relationship be- and illegal trade practices such as the Secretary Donley agreed that the tween our military and the producers ones that are being talked about at the Pentagon has an interest in ensuring who keep them protected with their Paris Air Show this week. that our industrial base issues are latest technological advances. The Presiding Officer and I both taken into account. I have also seen the ramifications of know we are in the middle of a reces- That response now has some of the Pentagon’s decisions on commu- sion. We are engaged in wars abroad. Airbus’s top executives upset and once nities and workers and families. As These are two separate but not unre- again distorting the facts. In news- many of my colleagues know, I have lated challenges. We have the ability in paper reports over the weekend, the been sounding the alarm about a de- America to provide our military with chief executive of EADS—which is clining domestic aerospace industry for the equipment they need to defend our Airbus’s parent company—Louis years. The American aerospace indus- Nation and project our might world- Gallois, claims that if Airbus is se- try has taken hits from the economic wide. But I fear, unless we stand for lected to build the next generation of climate, but it is also being under- our industrial base today, we stand to military refueling tankers, they would mined by unfair trade practices and lose the backbone of our military create more jobs than competition for these illegal subsidies of the type that might, some of our best-paying Amer- the U.S. aerospace industry. are now being talked about this week ican jobs, and our economic strength in That is pretty hard to swallow. In in France. the future. fact, a year ago, in June 2008, an inde- This isn’t just about one company or Now is the time to take this stand pendent, nonpartisan Economic Policy one State or one industry; this is about and stand for our military and for our Institute study concluded that the our Nation’s economic stability, it is workers. It is critical to preserving now-overturned decision to award the about our skill base, and it is about our America’s future strength. tanker contract to Airbus would have future military capability. We have I thank the Chair. I yield the floor actually cost the United States 14,000 watched as our domestic base has and I suggest the absence of a quorum. The PRESIDING OFFICER. The jobs. shrunk, as competition has dis- clerk will call the roll. The truth is, Airbus does not even appeared, and as our military has The assistant legislative clerk pro- have a plant here in the United States looked overseas for the products we ceeded to call the roll. and their well-documented plan is to have the capability to produce from Mrs. HUTCHISON. Madam President, build their tanker airplane in Europe scratch—not just assemble but produce I ask unanimous consent that the order and then ship sections over here to the from scratch—here at home. for the quorum call be rescinded. United States to be assembled. Last month, I worked with some of The PRESIDING OFFICER. Without The Boeing tanker, however, would our colleagues in the Senate to include objection, it is so ordered. be built in Everett, WA, and military a provision in the Defense Acquisitions AUTO MANUFACTURERS BANKRUPTCY capabilities would be added at the com- Reform Act that has now been signed Mrs. HUTCHISON. Madam President, pany’s defense plant in Wichita, KS. by the President. My provision draws I rise today to speak about the update Suppliers in States across America the attention of the Pentagon leader- on the Chrysler and GM bankruptcy would be supported by that contract. A ship to consider the effects of their de- and their impact on the auto dealer Boeing-made tanker is estimated to cisions on our industrial base and its community. support and create twice as many ability to meet our future national se- Almost 4 weeks ago, when we were American jobs as an Airbus plane. curity objectives. These decisions considering the supplemental appro- But it is not just about jobs. This is should not be made in a vacuum with- priations bill, I offered an amendment about the future of America’s domestic out regard to the long-term capabili- to provide at least 60 days for any deal- industrial strength. Our government ties of our industrial base and the er being terminated by an auto manu- depends on our highly skilled indus- workers who are its backbone. facturer receiving TARP funding to

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.025 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6685 wind down its operations and sell its I also wish to point out another part Association after our Commerce Com- inventory. My amendment was in re- of the answer to the Commerce Com- mittee hearing to work out concerns sponse to the letter sent to 789 Chrysler mittee letter, which is on dealer termi- with the supplemental agreements con- dealers May 13, 2009, informing them nations and market reentry. One of the tinuing dealers were asked to sign. I they were being terminated on June 9— things that came out in our hearing is commend GM for making concessions 3 weeks later—with no assistance for that in some places all of the dealer- during those discussions, and I hope auto inventory, parts, or special tools. ships in the area were being closed, yet they will continue that positive dialog I found that unacceptable. And you we had word that there were new peo- and interaction as the GM dealer net- know, a number of the people who ple coming in seeking financing or a work seeks additional information, heard my amendment on the floor new dealership in the same place. That support, and assistance. stepped up and said: I want to cospon- didn’t quite ring right with us, and so I will continue to work with the auto sor that amendment. By the end of the we did ask for assurances that any manufacturers to provide our dealer day, we had 38 bipartisan cosponsors on dealer that was terminated would have communities with the support and as- the amendment to give these valued some ability to come back in if another sistance they need in this very chal- members of our communities at least dealership was going to be put in that lenging time. 60 days to wind down their businesses. area. And here is what Mr. Press said I am worried about what is hap- As a result of that amendment and in the letter of June 12, 2009: pening to many communities in my thorough discussions with Chrysler Chrysler Group LLC will commit to pro- State and all over America because so president Jim Press and the Auto Task vide nonretained dealers with an opportunity often auto dealers are such a pillar of Force, Chrysler responded with a com- for first consideration of new dealerships the community. They are very commu- mitment to facilitate the transfer of that the company may contemplate. nity oriented. They advertise, they inventory and parts for the terminated We sent the same request for infor- support the Little League, they sup- dealers. mation to the General Motors CEO, port the United Way, and they support As soon as we returned from Memo- and his answer was: the high school football programs. rial Day recess, Chairman ROCKE- You have asked about situations where GM They are community citizens, and they FELLER and I called a Commerce Com- will authorize the establishment of a new are always the first one to step up mittee hearing specifically on the im- dealership near the location where a current, when the community needs something. pact of the Chrysler and GM bank- profitable dealer has been asked to wind It has been stated that closing these ruptcy on the auto dealer community. down operations. It is not our plan for cur- dealerships is necessary, even where it This hearing provided the first outlet rent dealerships to be wound down only to is the only dealership in town and even for dealers to express their opinions on open up new dealerships. Rather, our plan is to reduce overall dealer count. However, in when it is profitable. But the dealer how they were being treated in this those rare instances where we do open a new takes all of the risk. They buy the process, and it gave Chrysler and GM dealership, in an area previously served by a cars, they buy the parts, they buy the CEOs the opportunity to explain their winding down dealer, we commit to provide special equipment, they have the real reasoning for the termination of lit- advance notice to former dealers and allow estate costs. They take the risks, not erally thousands of dealerships across them an advanced opportunity to apply to the manufacturer. the country. We pressed the auto man- run the new dealership. I am not convinced that cutting ufacturer executives to reconsider how I think that is a step in the right di- down on the number of dealerships is they were treating these independent rection, and I hope that will be fol- the most productive thing for this business men and women, and we lowed through on in a legitimate and economy today. We are trying to keep sought progress reports on their com- positive way because it would be the jobs. We are trying to keep commu- mitments to me, our committee, and most cruel cut for a dealer that has nities going. We are trying to keep our this body to provide a softer landing been closed—a dealer that is profit- for terminated dealerships. able—to all of a sudden have a new economy steady and growing. Why we In response to the concerns we raised dealer come in and open on the same are closing down dealers and putting in that hearing, Chrysler did take an- ground or in the same area as the deal- people out of jobs when they are profit- other step forward on behalf of its ter- er that was closed at great loss. able and contributing to the commu- minated dealers by formally guaran- Remember, we have a dealer now nity is, frankly, lost on me. In fact, I teeing that every piece of inventory at with a huge piece of real estate. These asked Mr. Ron Bloom, who is a member these dealerships would be purchased auto dealerships are big lots because of the Auto Task Force, at a Banking at cost, minus inspection and transpor- they have all these cars on them. So Committee hearing after the Com- tation fees. So they made the promise they are big pieces of real estate, and merce Committee hearing. I said: Why after the Memorial Day recess that they are big buildings that are gen- did the task force ask both GM and they would buy every car. erally suited just for the purpose of an Chrysler to go back to the drawing This reassuring news, of course, was automobile showroom, and they have board and eliminate more dealerships welcome to the dealer body, but we been left or sort of stuck with this real than their original plan? still had concerns. I continued to push estate and stuck with all of the other He acknowledged they did this. Chrysler for assurances regarding parts equipment and things you have to have Again, he gave us the argument that and equipment. The Commerce Com- to run a business. So I think it is un- fewer dealerships will be better for mittee sought additional answers on tenable for us to just close that person sales of these cars and trucks. transparency, dealer reentry, rural ac- down and then 3 months later suddenly I still, I am honest to admit, do not cess, and continuation agreements in have a new person come in without all understand why he believes that; why both Chrysler and General Motors. On of those expenses and have the oppor- Mr. Bloom or the Auto Task Force or Monday, I received a letter that I tunity to open a new dealership. GM or Chrysler believe when the deal- thought was very positive from Chrys- So I thought that was a very impor- ers take the risk, and they are profit- ler, acknowledging the need for assur- tant part of the letter and commitment able, that it will increase sales to ances on parts. They have now guaran- that is being made. But, of course, the eliminate those dealerships. I certainly teed 100 percent of the parts inventory commitment has to be followed do not understand how the task force, for terminated dealers. through with—a responsible advance which is part of the White House, So we have a situation here where notice and a fair hearing for the dealer would not see that this is going to hurt they did listen. They eventually said that has gone out of business to be able the economy in the long run—putting they would buy all of the cars that to come back in. people out of jobs, thousands of people were still left in inventory, and now, of I commend Chrysler for heeding the out of jobs. It is counterintuitive to course, they are going to buy the parts. calls of Members of Congress and the me. Of course, the dealers that were being dealer community and responding in a However, it is being done. All we are terminated had no use for the parts way that does give additional support trying to do is help the people who are which they had already purchased, and to the dealers. being shut down to have the first rights so I think that was a fair ending to General Motors, meanwhile, did sit to new dealerships that would open, that dilemma. down with the National Auto Dealers and to make sure they are treated as

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.039 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6686 CONGRESSIONAL RECORD — SENATE June 17, 2009 fairly as possible. You cannot say it is Press, of GM and Chrysler respectively, the participation agreements are onerous or fair because getting 3 weeks’ notice to be printed in the RECORD, and I yield otherwise improper. At the hearing, the Na- shut down an auto dealership is not the floor. tional Automobile Dealers Association wit- fair. GM has given a longer time pe- There being no objection, the mate- ness and some Senators raised questions about the participation agreements. I com- riod, but although the GM company is rial was ordered to be printed in the mitted to you that we would quickly meet saying: You will have until next year, RECORD, as follows: with NADA to better understand their con- 2010, to shut down your dealerships, yet GENERAL MOTORS CORPORATION, cerns. We are pleased to report that GM and the ones that have gotten the notice Detroit, MI, June 12, 2009. NADA, as well as representatives of the GM that they are going to be closed under Hon. JOHN D. ROCKEFELLER, IV, National Dealer Council, reached an under- GM are being told they cannot buy any Chairman, Committee on Commerce, Science and standing of the key issues and as a result, on new cars to sell. They can wind down Transportation, Hart Senate Office Build- June 9, GM sent a letter to each dealer we the inventory they have, but they can- ing, Washington, DC. had asked to sign a participation agreement Hon. KAY BAILEY HUTCHISON, which clarified the important issues, includ- not stay in business until 2010 if they Ranking Member, Committee on Commerce, ing that the dealers retained certain rights cannot get access to new automobiles Science and Transportation, Russell Senate afforded by state law. I have attached for and parts. Office Building, Washington, DC. you a copy of the dealer letter as well as the It does not seem as though that is DEAR MR. CHAIRMAN AND SENATOR GM and NADA press releases on these clari- going to work very well either. I am HUTCHISON: Thank you for your letter re- fications. I can assure you that GM respects hoping GM is going to also be a little garding rationalizing of the General Motors the rights of dealers and consider them key more responsible in trying to help dealer network. I appreciate the time that and critical to the success of the New GM. those that are being closed, with some you have devoted to understand the issues DEALER MARKET RE-ENTRY facing GM and the efforts we are under- You have also asked about situations ability to wind down in a more con- taking to restructure the company for future where GM will authorize the establishment structive way. viability. I appreciate the thoughtful ques- of a new dealership near the location where As we continue these discussions be- tions and comments concerning how we de- a current, profitable dealer has been asked to tween the dealer community and the cided which dealers should remain with the wind down operations. It is not our plan for auto manufacturers, I certainly hope new company and the impact of those deci- current dealerships to be wound down only sions on the dealers and the communities in we will be able to keep track of the to open up new dealerships. Rather, our plan which they operate. progress. I would like to continue to is to reduce overall dealer count. However, in Dealers are critical to the future of GM. get the progress reports, to see how those rare instances where we do open a new Strengthening our dealer network will make these automobile companies are doing, dealership, in an area previously served by a that future possible, and preserve over winding down dealer, we commit to provide and to get input from the dealers. It 200,000 jobs at GM’s remaining dealers, along advance notice to former dealers and allow has been a very tough blow to them, es- with hundreds of thousands of jobs with them an advanced opportunity to apply to pecially those that did not see it com- GM’s direct manufacturing and supplier net- run the new dealership. ing because they were profitable, or work. As I stated in my testimony, restruc- When rationalizing our dealer network we turing our dealer network is quite painful— like one of my constituents who had a looked at several factors, including profit- for us, and especially for our dealers. Many profitable dealership in a location in ability. Over two thirds of the dealerships of our dealers operate businesses that have Galveston County for years and years that received wind down agreements were been in their families for generations. Our and years and then was told that he not profitable. Profitability is only one actions affect them personally as well as fi- measure of a dealer’s suitability for a future was going to be closed, even though he nancially. They also affect the communities dealership opportunity. Equally important has dealerships in other parts of the and states where our dealers live and work. are the dealer’s prior sales performance, cus- Houston area, he was being closed in That is why we are conducting our GM tomer satisfaction performance, needed Galveston County and, of course, Gal- dealer restructuring thoughtfully and objec- funding and ability to provide acceptable tively and in consultation with our dealers. veston was struck by a terrible hurri- dealership facilities. While a profitable deal- We decided not to outright terminate deal- cane—Ike—last year and his business er may provide high levels of customer serv- ers, and instead developed a unique wind- was down in the Galveston location. ice, it is not always true, and unfortunately down process that we believe is considerably a profitable dealer may rank among our poor That is not surprising. more equitable. performers. Even after the dealer rational- Many people have not been able to The issues that you raise generally result ization General Motors will continue to have move back to Galveston County be- from our bankruptcy. I have stated on many the largest and most extensive dealer net- cause their homes were destroyed and occasions that bankruptcy was not the pre- work in the U.S. they have no ability to live in Gal- ferred option for GM to restructuring itself veston County anymore. At least until for future viability. Many in and outside of LITIGATION PENDING BEFORE BANKRUPTCY very recently there was no opportunity Congress called for a GM bankruptcy, and FILING for my constituent to appeal to Gen- urged the company to use a court adminis- The treatment of lawsuits and other eral Motors because they were going to tered bankruptcy process. As economic con- claims is an important issue. All claimants ditions worsened, and we face the equivalent will have the opportunity to submit their lose all their rights, if they appealed, of an economic depression in the auto mar- claims and have them resolved as provided to any of the concessions that were ket, bankruptcy became the only option for by the Bankruptcy Code and other applicable being made to closing dealers. It is a GM to restructure and survive. law, both as to amount and priority. We un- very troubling situation. WIND DOWN AND PARTICIPATION AGREEMENTS derstand that the Bankruptcy Court rou- tinely addresses these issues, taking into ac- I think we are making progress. I During the hearing, many issues were count the concerns of the claimants and the think GM and Chrysler are doing bet- raised about the agreements GM asked its bankrupt company. An unfortunate con- ter with regard to the dealers, and I dealers to sign, either to wind down oper- sequence of bankruptcy is that many claims hope they will continue to understand ations or continue with the New GM. GM do not receive the priority that the plaintiff these are important parts of commu- crafted these agreements to provide dealers would prefer. nities all over America, these fran- with more options than they would other- SERVICE IN RURAL AREAS chises that they have put out. They wise have. have been encouraged to buy inventory With respect to the wind down agreements, We also carefully considered our dealer we carefully drafted them to provide the network coverage in rural areas and small to try to help the companies not to go dealers financial assistance, flexibility and towns versus urban/suburban markets. We into bankruptcy, and then when they choice regarding the time they take to or- know that our strong presence in rural areas, did go into bankruptcy they were sort derly wind down their business. We did not small towns and ‘‘hub’’ towns gives us a of left high and dry. I think it is our re- terminate any dealers, rather providing strong competitive advantage on average of sponsibility—particularly in the case them with options to sell and service vehi- more than 10 points in market share, and we of GM and Chrysler, because they are cles for up to 16 months. This approach is in would like to maintain that advantage. getting taxpayer dollars—that they stark contrast to what happens to most con- When our rural and small town dealers per- should have a little more concern tracts in bankruptcy, where contracts are form to our standards, they are a huge asset, typically simply rejected with no assistance. and so we intend to retain an extensive rural about the overall economy because it is With regard to the participation agree- network of 1,500 dealers nationally. With this tax dollars that are propping them up. ments, we continue to respect and follow comprehensive network in place we are con- I ask unanimous consent the letters state franchise law and provide a new oper- fident we can continue to provide all of our that Senator ROCKEFELLER and I re- ating approach that will benefit both the customers with reasonable access to dealers ceived from Mr. Henderson and Mr. dealer and GM. We respectfully disagree that and service, obviating the need for ‘‘service

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Through a letter dated June 5, PROVIDING TRANSPARENCY IN THE DECISION- GM TECHNICIAN PLACEMENT 2009 Chrysler informed all discontinued deal- MAKING PROCESS GM is proud of the dealer technicians who ers that we will guarantee the re-distribu- tion of 100% of eligible vehicle inventory. We To achieve the necessary realignment, we service GM vehicles. Many of these techni- used a thoughtful, rigorous and objective cians are highly trained and possess multiple have successfully found buyers for 100% of the outstanding vehicle inventory, and deal- process designed to have the least negative technical certifications. Factory trained in- impact while still creating a new dealer foot- dividuals with these skills and credentials ers requesting our assistance have received commitments for 80% of their parts inven- print scaled to be viable and profitable for are highly sought after in the industry. GM the long-term. Factors in the decision-mak- shares your concern that these technicians tory. We will continue to work with the discon- ing are outlined in the second question may lose their current positions. In response above. to your letter, we commit to taking actions, tinued dealers to redistribute their parts in- Upon request, we will share with any deal- such as by making training records and cer- ventory for the next 90 days. After that time er the rationale and specific data used in tifications available, with technician con- we will commit to repurchase remaining making the decision on the dealer separa- sent, to employment services and resume qualified parts inventory from those dealers tion. sites. In addition, we have already begun a at the average transaction price for all parts review with our National Dealer Council to already redistributed. We will also continue CONSUMER PROTECTION to work to redistribute all remaining special develop ideas on how GM can help the deal- Bankruptcy is a very difficult process re- tools. ers’ technicians transition to other dealers. quiring hard choices and painful decisions. General Motors appreciates the support of DEALER TERMINATIONS AND MARKET RE-ENTRY The bankruptcy process has impacted all ex- Congress and President Obama and takes While some profitable dealers were not re- isting stakeholders. With a failed enterprise, very seriously our responsibility to create a tained by Chrysler, it is important to note there are many who suffer significant losses. healthy GM for generations to come. Thank that profitability alone is not an adequate Traditionally in a bankruptcy, liabilities you for the opportunity to respond to your measure and is one of several elements that such as product liability claims are not car- concerns. determine a dealer’s viability and value to ried forward into the new enterprise. The Sincerely, Chrysler. The factors we considered in mak- judge found this decision to be within the FREDERICK A. HENDERSON, ing these decisions included: debtor’s sound business judgment, and it is a President and Chief Executive Officer. Total sales potential for each individual customary bankruptcy outcome. Any prod- market uct-related claims arising from vehicles sold CHRYSLER LLC, Each dealer’s record of meeting minimum by the New Chrysler will be addressed by the Auburn Mills, MI, June 12, 2009. sales responsibility new company. This is consistent with the Hon. JOHN D. ROCKEFELLER IV, A scorecard that each dealer receives goal of a Chapter 11 bankruptcy, which is to U.S. Senate, monthly, and includes metrics for sales, create a framework enabling a vibrant, sus- Washington, DC. market share, new vehicle shipments, sales tainable new company to emerge. Hon. KAY BAILEY HUTCHISON, satisfaction index, service satisfaction index, CONSUMER ACCESS TO SERVICE IN RURAL AREAS U.S. Senate, warranty repair expense, and other compara- Washington, DC. tive measures There will be over 2,300 remaining Chrys- DEAR CHAIRMAN ROCKEFELLER AND RANKING Facility that meets corporate standards ler, Jeep and Dodge dealerships conveniently MEMBER HUTCHISON: Thank you for the op- Location in regard to optimum retail located with the parts and trained techni- portunity to respond to the concerns raised growth area cians to service consumers’ vehicles. Based in your June 9 letter. As I highlighted last Exclusive representation within larger on registration data, our customers reside an week at the Senate Commerce Committee markets (Dualed with competitive franchise) average of 6.28 miles from the nearest Chrys- hearing, it is critically important that the Opportunity to complete consolidation of ler, Jeep or Dodge dealer now; this distance new Chrysler Group have a viable, realigned the three brands (Project Genesis) will increase to 6.80 miles after the consoli- dealer network on day one. Despite a painful Dealers may be profitable while not meet- dation. With regard to rural dealers, the dis- restructuring, Chrysler Group LLC will re- ing their Chrysler new vehicle ‘‘minimum tance increases from 9.72 to 10.70 miles. Even tain 86% of Chrysler dealers by volume and sales responsibility’’ level. For example, a with the consolidation, our dealers on aver- 75% by location. I can empathize with the dealer may focus on maintaining a low cost age are more conveniently located to cus- dealers who were not brought forward into structure through a lack of modernization, a tomers than Toyota or Honda dealers are to the new company, and can understand their heavy emphasis on used vehicles, lack of in- their customers. disappointment. This has been the most dif- vestment in training and capacity. There- Additionally, we will consider companion ficult business action I have personally ever fore, a dealer could be profitable while not facilities to address potential sales and serv- had to take. meeting their new vehicle sales and cus- ice issues in areas of concern. Chrysler will The concerns you have raised are addressed tomer satisfaction obligations. send a letter to all customers notifying them in order below: Also, we understand and value the loyalty of the four nearest dealers who can provide VEHICLE INVENTORY, PARTS AND SPECIAL TOOLS and experience represented in many of the service. It is not in Chrysler’s interest to Regarding the concerns you have outlined discontinued dealers. As we consider market abandon existing customers to the detriment relative to inventories, parts and special re-entry or expansion in the future. of future parts and new vehicle sales. CUSTOMER CONVENIENCE COMPARISON [Average distance in miles a customer must drive to reach a dealership]

New Chrys- Change Old Chrysler ler chrysler Toyota Honda Chevy Ford

Metro ...... 4.45 4.82 0.37 5.01 5.11 4.10 4.23 Secondary ...... 6.08 6.44 0.36 7.38 7.58 5.69 5.76 Rural ...... 9.72 10.70 0.98 19.27 24.27 8.04 8.69 Total ...... 6.28 6.80 0.52 9.11 10.31 5.58 5.81

PLACEMENT ASSISTANCE FOR CHRYSLER Again, I appreciate your concerns and UNANIMOUS-CONSENT REQUEST— TECHNICIANS want to assure you that we are doing every- EXECUTIVE CALENDAR thing we can to support the dealers that are Chrysler is sensitive to the job loss associ- Mr. BINGAMAN. Mr. President, ated with the non-retained dealers. In an ef- not going forward and to ensure that the new fort to assist employees, a job posting company going forward is successful. twice in the last 2 weeks I have asked website is currently being developed in part- Sincerely, a unanimous consent to proceed to con- JAMES RESS nership with Careerbuilder.com. This website E. P , sider Calendar No. 97. I would like to Vice Chairman & President. will list jobs that are available at Chrysler do that again at this time. We have ad- dealerships nationwide to the extent such in- vised the Republican side of the aisle I formation is provided to us. Additionally, there will be a resource section to provide will be doing that, so I will proceed ‘‘how to’’ tips on items like resume building with that at this point. and job interview techniques.

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.009 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6688 CONGRESSIONAL RECORD — SENATE June 17, 2009 Mr. President, I ask unanimous con- My colleagues say they need addi- systems in Canada and Great Britain sent that the Senate proceed to execu- tional time. Frankly, I cannot under- have, over and over, failed the very pa- tive session to consider Calendar No. stand what the additional time relates tients they were created to serve. Ac- 97, the nomination of Hilary Chandler to. I know of no questions that need to cess to doctors, tests, treatments, and Tompkins to be the Solicitor of the De- be looked at. I know of no objections medications is limited. Patients wait partment of the Interior, that the nom- that have been raised to her nomina- through painful months and years to ination be confirmed, that the motion tion. get the treatment they need. The to reconsider be laid on the table, that I hope that if there is anything, any longer they wait, the more their condi- no further motions be in order, that additional investigation or question tions worsen. Medications are some- any statements relating to the nomina- that continues to exist on the Repub- times unavailable or the government tion be printed in the RECORD, that lican side, they would resolve that here may refuse to pay for them, despite the upon confirmation the President be im- in the next day or two so we can com- guarantee of universal coverage to all. mediately notified of the Senate’s ac- plete this nomination and get on with Innovation and new medical tech- tion, and that the Senate then resume other business. But this is a very unfair nologies are not encouraged because legislative session. situation with regard to this nominee. they would lead to higher costs. Pa- The ACTING PRESIDENT pro tem- In my view, there is no justification for tients deal with bureaucratic hassles as pore. Is there objection? it. I know the Presiding Officer, Sen- they try to navigate their way through Mrs. HUTCHISON. Mr. President, I ator UDALL, and I will continue to pur- an overly complicated maze of rules. do object. sue this repeatedly over the coming Americans want health care reform, The ACTING PRESIDENT pro tem- days until this matter is resolved and but they don’t want to experience the pore. The Senator from Texas is recog- she can be confirmed. I believe that rationing and the ordeals that a gov- nized. once permission is given for her nomi- ernment system would create. Mrs. HUTCHISON. I object on behalf nation to be voted on, she will be over- As opposition to this public option of the minority because they have not whelmingly confirmed. That is as it idea or Washington takeover grows, yet had time to clear this on our side, should be. But due to the arcane rules some Democrats have been trying to but certainly we will work with you that we operate under in the Senate, disguise this takeover with a new going forward to be able to expedite the Republican Members have chosen name. They have come up with the idea this nomination. to hold up this nomination very un- of calling it a health insurance co-op. The ACTING PRESIDENT pro tem- fairly, in my view, and I think we will This started with a very good idea from pore. Objection is heard. have to revisit it again in the next few the Senator from North Dakota but has Mr. BINGAMAN. Mr. President, let days. evolved into simply another name for a me comment briefly. I regret objection Mr. President, I yield the floor and government-run insurance company. has been raised again. This nomination suggest the absence of a quorum. As we all know, a co-op in its purest was reported out of our Energy and The ACTING PRESIDENT pro tem- form is a business controlled by its own Natural Resources Committee on April pore. The clerk will call the roll. members. Co-ops form when commu- 30. Of course, we are now at June 17. The bill clerk proceeded to call the nities unite to solve a common prob- There was no testimony at our com- roll. lem or exchange goods and services. In mittee hearing or no suggestion made Mr. KYL. I ask unanimous consent Arizona, we have more than 100 co-ops by anybody that Ms. Tompkins was not that the order for the quorum call be all across the State. Some commu- qualified for this position. Clearly, she rescinded. nities use them to get fresh food, elec- is qualified and well qualified for this The ACTING PRESIDENT pro tem- tricity, hardware, heating fuel or cre- position. She has served in important pore. Without objection, it is so or- ate credit unions. A bloated, Wash- positions in our State government in dered. ington-run health care bureaucracy New Mexico. She is, by education and HEALTH CARE REFORM forced upon the public is not a co-op. experience, eminently qualified to be Mr. KYL. Mr. President, I have been As former Secretary of Health and the Solicitor. talking about, over the last several Human Services Michael Leavitt has I also point out to my colleagues, she days, health care reform which is ur- written in a soon-to-be-published Fox is the first Native American to be nom- gently needed. No one is satisfied with News article he shared with me: inated by the President to be the Solic- the status quo. We have all heard un- A co-op that would be federally controlled, itor for the Department of the Interior, fortunate stories about Americans who federally funded, and federally staffed sounds and she is the second woman in the his- cope with health insurance. All Ameri- like the public option meets the new General tory of this country to be nominated to cans deserve access to high-quality Motors. be the Solicitor of the Department of health care. In a country as innovative In the era of the GM takeover, Wash- the Interior. and prosperous as ours, we can achieve ington controls the purse strings, pays This is an extremely important posi- that goal. Republicans believe we can the bills, dictates the rules. The same tion. Secretary Salazar is trying very do so by putting patients first. We be- would be true of a Washington health hard to put together a team of people lieve Americans should be trusted with care co-op. who can help him to do the job of Sec- their own money to make wise deci- As Leavitt put it in this article: retary of Interior, and he needs a per- sions about the health care plan that Washington healthcare would result in son in this Solicitor’s office he can de- best fits their family’s needs. We do Americans being ‘‘co-opted,’’ rather than pend upon. He has chosen her to be not believe forcing everyone into a being given a ‘‘co-op.’’ that person. one-size-fits-all, Washington-run sys- Americans are also concerned about To my mind, it is unacceptable for us tem, as the President wants, is the so- the cost of the bills being proposed on to continue denying him the choice he lution to our health care problems. In- the Democratic side. The nonpartisan has made, and the choice President deed, we believe a Washington take- Congressional Budget Office’s prelimi- Obama has made, for the Solicitor’s of- over would create a whole new set of nary estimate shows that the bill in fice. It is very unfair to Ms. Tompkins problems, the likes of which are experi- the HELP Committee or the draft bill to be denying her this position. Frank- enced every day in countries such as created by the senior Senators from ly, I have great difficulty under- Canada and Great Britain. Massachusetts and Connecticut—the standing why she was singled out. President Obama often says if you piece of legislation I am talking There have been a great many nomi- are insured and you like your current about—would cost a trillion dollars nees who have come before the Senate health care, you can keep it. But as I over the course of 10 years but only in the last couple of months in connec- pointed out several times, the Presi- would reduce the number of uninsured tion with the Department of the Inte- dent’s plan would, in fact, force mil- by 16 million. So a trillion dollars to rior responsibilities. Why we would be lions of Americans into the govern- bring 16 million people into insurance singling her out and holding her up ment system by providing incentives status. For those who would be newly while others have been approved I have for their employers to eliminate their covered, the cost would be $65,185 per great difficulty understanding. coverage. Government-run health care person for 10 years of coverage. That is

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.041 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6689 only a preliminary estimate for part of We all believe that families who can As we reform health care, we need an the plan. Of course, the preliminary es- afford insurance should be helped. approach that makes sure the patients timate does not tell the whole story. There are ways to do that. The poorest come first and that no government bu- What would it cost to cover the re- Americans are already eligible for Med- reaucrat stands in the way of the doc- maining 31 million who are thought icaid, and we should see to it that Med- tors prescribing treatments and medi- not to have insurance or the millions icaid and Medicare are strong and that cations their patients need. The suc- who would be displaced from current everyone who is eligible signs up for cess of America is largely due to the private coverage with their employer them. One of the reasons there are so individual freedom we all enjoy. Indi- into the public plan? Remember, I indi- many uninsured is that many of the vidual freedom triumphs when the doc- cated that private employers would people who are eligible for private in- tor-patient relationship remains free of have no incentive to keep those people surance or Medicaid have not signed government intervention. We must on their own rolls when it would be up. We could get them signed up for continue our great tradition as we pur- much cheaper to have them go to the that. sue the health care reforms we all government option. That leads to another question about want. The bill also provides subsidies for Washington-run health care. Will in- Let me comment on a piece of legis- families whose incomes reach 500 per- creased demands for government lation Senator MCCONNELL and I intro- cent of the poverty line which gets you health care diminish the quality of duced. I would love to have everyone close to $100,000. care that is now received by America’s cosponsor this legislation. I am hoping The first question one has to ask in seniors in Medicare? That is an impor- we can get it adopted soon before we these circumstances is, How do we pay tant question for seniors to con- take up health care reform because it for all of this, and who will pay. We are template. They want Congress to find will inform us as to how we should deal all familiar with the huge expenditures ways to ensure Medicare is solvent. with health care reform on what could of this government since the beginning They don’t want us to divert the pro- be the most important issue Americans of the year on the so-called stimulus gram’s resources into a massive new find involved with this. Americans package, the so-called omnibus bill, entitlement for everyone. Yet we all want their fellow citizens to be in- the budget that has been provided, and know, as the President himself has sured. They wanted costs to be kept in check so they can afford insurance. now the supplemental that we will said, that Medicare is not solvent. It is They want both those things. But they probably be taking up tomorrow, all of not sustainable. Now we are going to don’t want their care, the care they be- which adds trillions of dollars in more add additional burdens and expect that lieve in and they like, interfered with debt, more debt than all the other there would not be any negative im- in order to achieve these other two Presidents and Congresses of the pacts on America’s seniors. I find that United States put together. In fact, goals. hard to believe. One of the things they are most fear- double that, and that is how much debt I haven’t read anything in the Con- ful of is that their care will be ra- is created in just one budget of Presi- gressional Budget Office’s preliminary tioned. When we talk about saving dent Obama. report that makes me more optimistic money in Medicare in order to pay for We add on top of all of that a trillion, about this. The preliminary numbers insuring more Americans, seniors 2 trillion, who knows how much to try should make us even more weary of rightly question whether some of the to find coverage for about 45 million adding a new government program. care they have been getting is going to people. We have not had the answers to Finally, we are told we must hurry be denied them or that they will be de- the questions yet of how we would pay up and pass the health care reform layed in getting that care. for it and who would pay, but we have President Obama wants for the sake of One of the ways that could be accom- seen proposals that range from taxes the economy. The President pitched plished is by using something the Con- on beer and soda to juice, salty foods, this same argument to Congress as he gress has already passed called com- eliminating charitable tax deductions. rushed us to pass the stimulus, which parative effectiveness research. That We even heard about a value-added tax was packed with debt and waste, the stimulus bill I talked of earlier appro- that would tax everyone regardless of details of which are now coming to priated $1.1 billion to conduct compara- income. Would there be anything left light thanks to a new report by Sen- tive effectiveness research. It wasn’t that the Federal Government does not ator COBURN. The reality is, the bulk of necessary because it is done in the pri- tax at the end of this? the money we passed for the stimulus vate sector all the time. Hospitals, The HELP Committee would also es- should simply not be spent. That will medical schools, associations, groups of tablish a new prevention and public not be efficiently spending taxpayer people who want to find out which health investment fund. We don’t know dollars. I argued at the time that rush- treatment is best for the most people all the details, but what we have heard ing to borrow money to pass such an conduct this kind of research all the is that, it would direct billions of dol- expensive and complex bill was irre- time. Is drug X or drug Y better to lars to the government to do healthy sponsible and a disservice to taxpayers. treat people when they have a certain things. Like what? Like building side- Administration economists insisted condition? They run tests to see how walks and establishing new govern- that if Congress hurried to pass the the different medications perform. ment-subsidized farmers markets. The stimulus, unemployment would peak at They then give those results to physi- idea is to encourage healthier life- 8 percent. Four months later, unem- cians who use that information in pre- styles. I suppose that creating side- ployment has now reached 9.4 percent, scribing to their patients. It is a way walks so people can jog on sidewalks and here we are again being pressured we have found that we can provide bet- creates healthy lifestyles. I was at a to hurry up and spend another trillion ter quality care for more people. Some- farmers market this weekend. I didn’t taxpayer dollars. times, by the way, we can save money notice any Federal subsidies. I am sure Republicans will not be rushed into as well. the vegetables there are good for every- passing the Democrats’ health care The point is not to try to figure out body, and it would be nice to have bill. We are going to ask the tough how to cut costs so we can deny certain more farmers markets. But should the questions. I think our constituents de- care to people and, therefore, not have government be spending a lot of money serve answers to those questions. Based the cost of providing it. Unfortunately, on things such as that in the guise of upon the track record so far, I wouldn’t that is one of the purposes to which trying to provide healthier Americans say the experts who have told us don’t this research could be put. It has been so we have less costly insurance? En- worry about the cost, everything will acknowledged by people both within couraging healthier life styles is fine, be fine, have not guessed right, as the the administration and without. The but I don’t think this is the kind of re- Vice President said last Sunday. I acting head of the National Institutes form the American people have in don’t think our constituents want us to of Health, for example, talked about mind. It is also indicative of a very hurry it. They want us to do it right. using this research for allocation of wasteful and inefficient system, when- We want real reform, not more deficits, treatments. ever it is run by the Federal Govern- government waste, and unsustainable Allocation of treatments is another ment in Washington. programs. way of saying rationing. You decide

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.042 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6690 CONGRESSIONAL RECORD — SENATE June 17, 2009 which treatments to allocate and The bill pending before the HELP new pharmaceutical drugs, medical de- which ones not to. This is the way it is Committee actually creates an agency vices, new kinds of surgery, ways of done in Great Britain and Canada. to use this research for that purpose. treating all kinds of conditions have They do not have enough money to pay So there is a blatant attempt in the evolved so rapidly that we are extraor- for all the health care that physicians HELP Committee to use this research dinarily fortunate to be able to buy all prescribe, so they simply delay some of to ration care. Our legislation would of this health care. the care until it is not needed anymore stop that. We think we ought to pass it So when people say we are spending or the person dies or they deny it. For now to instruct the HELP Committee too much on health care, I am not sure example, one of the policies was not to that we do not want that to happen. that is totally correct. To the extent prescribe a drug—well, the doctor pre- In the Finance Committee, it is more there are more efficiencies in the sys- scribes the drug, but not to fill the pre- indirect. A private entity would con- tem that can be brought to bear, of scription for an eye condition until the duct the research. But there is nothing course we want to do things to incent patient was blind in one eye. Then you to prevent the Federal Government those incentives. That is what some of could get the drug. from using the results of the research the Republican proposals would do. But Americans do not want that. They do to delay or deny your care, to ration what we do not want to do is to put a not want to have to suffer in that way care. government bureaucrat in between you when the medicines are available to So for the bills that are being written and this incredible new medicine that treat them. What the government in both committees, our legislation is being invented every day. agency in Great Britain has said is: would provide direction that—whatever We should be glad we can spend more Look, we don’t have enough money to other reform we have—Americans are on health care if it is much better give you all of the care your doctor not going to have to worry about some- health care. As one of the experts in says you need. We are going to have to body getting in between their doctor this area said: In 1980, if you had a make tough choices. We understand and themselves, when the doctor says: heart attack, after 5 years, your that will not please everyone. But I think you need this particular treat- chances of survival are about 60 per- there is no other way to use the lim- ment, if their insurance provides for cent. If you have that same heart at- ited dollars we have to provide this free that. If not, there are other ways you tack today, your chance of survival is care to everybody within the country. can get the treatment; if it is a govern- about 90 percent—so from 60 percent to What we are saying is, we do not ment program such as Medicare, you 90 percent survival in a few years, want America to get to that point would be able to get the treatment. based upon new medical break- where you have to ration the health The government is not going to inject throughs. It costs a little more money. care. In Great Britain they have a term itself between you and your physician The question is, would you rather have called ‘‘QALY.’’ It stands for Quality and say: You can’t have that because it 1980s health care at 1980s prices, or Adjusted Life Years: QALY. What they is too expensive. health care that is available today at have literally done is to say that a per- That is all our legislation does. I today’s prices? I submit almost all of son’s life is worth between 20,000 and would hope my colleagues would be us, when we are thinking about a loved 30,000 pounds—I gather that is probably willing to support that legislation to about $35,000 or $40,000—and that in a one in our family, would say: I want give direction to the two committees year of your life, I think it comes out the very best there is, the very best we to ensure that they do not, in their zeal to about $125 a day. If the health care can get. to cut costs, write legislation that That is why Republicans say we want the doctor has prescribed costs more would have the effect of rationing insurance to be affordable for everyone than that, then in most cases you do health care. not get it, even though the doctor says so that at least, if nothing else, for There are a lot of other concerns we you need it, and he is willing to pre- that catastrophic event in your life— have in putting this legislation to- scribe it and help you with the proce- such as a heart attack, for example— gether: concerns about a government- dure or treatment or taking the drug. you will have all of the latest health I would hate to get to that point in run insurance company to compete care that America has available, and it the United States where we have an with the private insurance companies; will be paid for so you will have high- agency that says how much we think a requirement that all employers pro- quality care. your life is worth every day—$125—and vide health care, which, of course, In some of these other countries, says: Well, if the prescription of the would substantially add to their costs they say: We are sorry. We can’t afford doctor costs more than that, you are and might result in their hiring fewer that. We can’t afford to spend money out of luck, we are not going to pay for people or paying the people who they on all these new breakthroughs. We are it. do hire less money. basically stuck with what we could af- Incidentally, the national health care There are a lot of different concerns ford back in 1980, for example. And system in Great Britain has an acro- we have. But, in my mind, the most se- good luck. We know that is not going nym for that agency; it is NICE. It is rious one is this concern about ration- to help you all that much with your ill- the National Institute for Health and ing. Everybody wishes to lower costs. ness, but that is all we can afford to Clinical Excellence, N-I-C-E: NICE— But the one way we cannot lower costs pay. not so nice when you do not get the is by having the U.S. Government tell That is what we are trying to avoid. care your doctor says you need. you that you cannot get medical care We are trying to take a very small step What Senator MCCONNELL and I have your doctor says you need. first and say that, at a minimum, noth- said is that the government cannot use Let me conclude with this point: If ing in this legislation would allow the this research, this comparative effec- you will think back, think back 100 government to use comparative effec- tiveness research, for the purpose of de- years ago to the year 1908. How much tiveness research to ration our care. I nying your care. Obviously, it can be health care could you buy at the turn do not think that is too much to ask. used for the purpose for which it was of the last century, say the year 1900, I would ask all of my colleagues to join originally intended; namely, to figure 1908? The answer is, not very much. Senator MCCONNELL and me in spon- out which treatments and prescriptions Think back about 40 years before that, soring that legislation and seeing to it are best. But it cannot be used to deny when President Lincoln was assas- we can get it passed for the benefit of treatment or service. sinated and the kind of treatment he our families and our constituents. We obviously make an exception for got. It almost seems barbaric in our Mr. President, I suggest the absence the FDA, the Federal Food and Drug modern way of looking at things that of a quorum. Administration, which can say a cer- there was not anything available to The ACTING PRESIDENT pro tem- tain drug is dangerous to your health. save his life. pore. The clerk will call the roll. Obviously, that would be exempted Now think of the incredible inven- The assistant bill clerk proceeded to from this prohibition. But otherwise tions and breakthroughs in medical call the roll. we say you cannot ration health care science in the last 100 years, in the last Mr. GRAHAM. Mr. President, I ask with comparative effectiveness re- 50 years, in the last 10 years. Things unanimous consent that the order for search. have been invented. New medications, the quorum call be rescinded.

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.044 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6691 The ACTING PRESIDENT pro tem- newed for 3 years. Senator REID has in- tainees in U.S. military custody in Iraq and pore. Without objection, it is so or- dicated to me that before July 8 we Afghanistan would place U.S. servicemen in dered. will have a chance to vote on that pro- Afghanistan at heightened risk and corro- Mr. GRAHAM. Mr. President, I see vision as a freestanding bill, which I sively affect U.S. relations with President Karazai’s government, as well as further Senator BENNETT from Utah. How think will get the Senate back on erode control of the Afghanistan government would the Senator like to do this I record in a timely fashion before the in general.’’ (Declaration of General David H. have about 5 minutes. next court hearing. Petraeus, T 12, Motion to Recall Mandate, 2nd Mr. BENNETT. Mr. President, I wish Secondly, I wanted to be assured by Circuit Court of Appeals, Docket No. 06–3140– to speak for 10 minutes in morning the administration that if the Congress cv) business following Senator GRAHAM, fails to do its part to protect these ‘‘An influx of foreign fighters from outside and I ask unanimous consent to pro- photos from being released, the Presi- Afghanistan and new recruits from within ceed on that basis. I will be speaking as dent would sign an Executive order Afghan could materialize, as the new photos which would change their classifica- serve as potent recruiting material to at- in morning business, as I assume the tract new members to join the insurgency. Senator will be. tion to be classified national security . . . Attacks against newly-arriving U.S. Ma- Mr. GRAHAM. That is correct. documents that would be outcome de- rines and soon-to-arrive U.S. Army units in The ACTING PRESIDENT pro tem- terminative of the lawsuit. Rahm the south, and transitioning U.S. Army units pore. Without objection, it is so or- Emanuel has indicated to me that the in the east, could increase, thus further en- dered. President is committed to not ever let- dangering the life and physical safety of DETAINEE ABUSE PHOTOS ting these photos see the light of day, military personnel in these regions.’’ (Dec- T Mr. GRAHAM. Mr. President, I come but they agree with me that the best laration of General David H. Petraeus, 12, Motion to Recall Mandate, 2nd Circuit Court to the floor to acknowledge an agree- way to do it is for Congress to act. So in light of that, I am going to re- of Appeals, Docket No. 06–3140–cv) ment I have reached with the majority ‘‘In addition to fueling civil unrest, caus- leader and the administration regard- move my hold on the bills I have a hold ing increased targeting of U.S. and Coalition ing the issue of detainee abuse photos. on, and I will support the supple- forces, and providing an additional recruit- I think, as my colleagues are well mental. Because I think it is very im- ing tool to insurgents and violent extremist aware, there are some photos of alleged portant for our soldiers, airmen, sail- groups, the destabilizing effect on our part- detainee abuse that have existed for ors, marines—anybody deployed—civil- ner nations cannot be underestimated.’’ several years; more of the same, noth- ian contractors and their families to (Declaration of General David H. Petraeus, T 12, Motion to Recall Mandate, 2nd Circuit ing new. The President has decided to know there is a game plan. We are going to support General Petraeus and Court of Appeals, Docket No. 06–3140–cv) oppose their release. Turn Back Progress in Iraq and Incite Violence The ACLU filed a lawsuit asking for General Odierno and all our combat ‘‘Newly released photos depicting abuse, or these photos to be released. General commanders to make sure these photos never see the light of day. I think we that could be construed as depicting abuse, Petraeus and General Odierno are the of Iraqis in U.S. military custody would in- two combat commanders, and I ask have a game plan that will work. It starts with a vote in the Senate. I am flame emotions across Iraq and trigger the unanimous consent that their state- same motivations that prompted many ments be printed in the RECORD fol- urging the House to take this up as a young men to respond to calls for jihad fol- lowing my remarks. freestanding bill. There were 267 House lowing the Abu Ghraib photo release. After The ACTING PRESIDENT pro tem- Members who voted to keep our lan- the Abu Ghraib photos were publicized in pore. Without objection, it is so or- guage included in the supplemental. It 2004, there was a significant response to the dered. was taken out. I am very disappointed call for jihad, with new extremists commit- that it was taken out, but we now have ting themselves to violence against U.S. (See exhibit 1.) forces. Al-Qaeda in Iraq (AQI) and Sunni in- Mr. GRAHAM. Mr. President, the a chance to start over and get this right sooner rather than later. surgents groups in Iraq will likely use any lawsuit said if these photos are re- release of detainee abuse images for propa- leased, our enemies will use them With that understanding, that we are ganda purposes, and possibly as an oppor- against our troops. These photos will going to get a freestanding vote on the tunity to widen the call for jihad against incite additional violence against men Lieberman-Graham amendment and U.S. forces, which could result in a near- and women serving overseas and Amer- that the administration will do what- term increase in recruiting and attacks.’’ icans who are in theater. There is noth- ever is required to make sure these (Declaration of General David H. Petraeus, T ing new to be learned, according to the photos never see the light of day if 7, Motion to Recall Mandate, 2nd Circuit Court of Appeals, Docket No. 06–3140–cv) President. I agree with that. These are Congress fails to act, I am going to lift Help Destabilize Pakistan more of the same. The people involved my hold on all the legislation and sup- at Abu Ghraib and other detainee port the supplemental. I look forward ‘‘Newly released photos depicting abuse of to taking this matter up as soon as detainees in U.S. military custody in Af- abuse allegations have been dealt with. ghanistan and Iraq would negatively affect The effect of releasing these photos possible. I thank the Chair, and I yield the the on-going efforts by Pakistan to counter would be empowering our enemies. its internal extremist threat.’’ (Declaration Every photo would become a bullet or floor. of General David H. Petraeus, T 8, Motion to an IED. I wish to applaud the President EXHIBIT 1 Recall Mandate, 2nd Circuit Court of Ap- for saying he opposes their release. AMERICA’S TOP GENERALS WARN AGAINST peals, Docket No. 06–3140–cv) PHOTO RELEASE The status of the lawsuit is that DECLARATION OF GENERAL RAYMOND T. there is a stay on the second circuit DECLARATION OF GENERAL DAVID H. PETRAEUS, ODIERNO, COMMANDER OF MULTI-NATIONAL order that would allow the photos to be COMMANDER OF THE UNITED STATES CENTRAL FORCE—IRAQ (MNF–I) COMMAND released until the Supreme Court hears Release of Photos will Result in Harm to U.S. Endangering the Lives of U.S. Servicemen and Soldiers the petition of certiorari filed by the Servicewomen Supreme Court. ‘‘The 2004 publication of detainee photos ‘‘The release of images depicting U.S. serv- resulted in a number of posting on internet I have been promised two things that icemen mistreating detainees in Iraq and Af- were important to me to remove my websites. Perhaps the most gruesome of ghanistan, or that could be construed as de- internet reactions to the photo publication holds and to let the supplemental go picting mistreatment, would likely deal a was a video posted in May 2004 showing the without objection. No. 1, there would particularly hard blow to USCENTCOM and decapitation murder of U.S. contractor Nich- be a freestanding vote on the U.S. interagency counterinsurgency efforts olas Berg. A man believed to be Zarqawi spe- Lieberman-Graham amendment, the in these three key nations, as well as further cifically made the linkage between the legislative solution to this lawsuit. The endanger the lives of U.S. Soldiers, Marines, abuses at Abu Ghraib and Berg’s murder say- Airmen, Sailors, civilians and contractors Senate has previously allowed this leg- ing, And how does a free Muslim sleep com- presently serving there.’’ (Declaration of fortably watching Islam being slaughtered islation to become a part of the supple- General David H. Petraeus, T 2, Motion to Re- mental war funding bill. It would pre- and [its] dignity being drained. The shameful call Mandate, 2nd Circuit Court of Appeals, photos are evil humiliation for Muslim men vent the disclosure of these photos for Docket No. 06–3140–cv) and women in the Abu Ghraib prison. . . . We a 3-year period. If the Secretary of De- Threaten Troops in Afghanistan tell you that the dignity of the Muslims at fense said they were harmful to our na- ‘‘Newly released photos depicting, or that the Abu Ghraib prison is worth the sacrifice tional security interests, it could be re- could be construed as depicting, abuse of de- of blood and souls. We will send you coffin

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.045 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6692 CONGRESSIONAL RECORD — SENATE June 17, 2009 after coffin and box after box slaughtered GOVERNMENTAL POWER entities that are simply too big to fail, this way.’’ (Declaration of General Raymond Mr. BENNETT. Mr. President, when we must not allow them to fail, and T. Odierno, T 8, 9, Motion to Recall Mandate, the Founding Fathers wrote the Con- particularly in the financial services 2nd Circuit Court of Appeals, Docket No. 06– stitution and gave us our government, industry. So that is why we have this 3140–cv) they did so out of a deep distrust of the ‘‘I strongly believe the release of these proposal today from the Obama admin- photos will endanger the lives of U.S. Sol- power of government coming out of istration. They want to deal with sys- diers, Airmen, Marines, Sailors and civilians their experience with King George, and temic risk, as they call it, or those tier as well as the lives of our Iraqi partners. Cer- they created a government that limits 1 entities which they describe as what tain operating units are at particular risk of the use of power, deliberately setting I have just said: They are too big to harm from release of the photos. One exam- up a system of checks and balances, a fail and we are not going to allow them ple is our training teams throughout Iraq. doctrine of separation of powers and so to fail, and this is the regulatory re- These are small elements of between 15 and on, with which we are all familiar. gime we will set up. 30 individuals who live on Iraqi-controlled Out of that, Americans have become If there are companies or entities installations and thus do not have the same used to the idea that there are limits that are too big to fail, this regime is protections afforded to many of our service on governmental power, and one of the members. In addition, as they assist our too big to function. It is so focused on Iraqi partners, members of such teams are concerns I hear when I visit with my preventing failure that it is stacked in regularly engaged in small-unit patrols, constituents in Utah is that they are such a way that it will penalize the making them more vulnerable to insurgent afraid there are now no limits on gov- risk taker and prevent the risk taker attacks or other violence directed at U.S. ernmental power, or at least there is from taking a risk and therefore not forces. Accordingly, there is good reason to certainly not enough limits on govern- reap any kind of a reward. conclude that the soldiers in those teams mental power. I am asked: Where does There is a heavy emphasis on con- and in similarly situated units would face a it stop? The government can take over sumer protection. I am all for that. I particularly serious risk to their lives and insurance companies. The government think we should have all of the kinds of physical safety.’’ (Declaration of General can take over financial institutions. Raymond T. Odierno, 4, Motion to Recall regulations that say you need labels on Mandate, 2nd Circuit Court of Appeals, The government can take over an auto- things that might not be safe. That Docket No. 06–3140–cv) mobile company. The government can protects the consumer. You need nutri- ‘‘MNF–1 will likely experience an increase dictate who gets to be chief executive tional information on things that in security incidents particularly aimed at and how much he or she will be paid. might make you too fat, which pro- U.S. personnel and facilities following the Aren’t there supposed to be limits on tects the consumer. But let’s not pro- release of the photos. Incidents of sponta- governmental power? tect the consumer to the point where neous violence against U.S. forces, possibly Today, we have a proposal brought including attacks from outraged Iraqi police they cannot buy anything or, in this forward by the administration with re- case, protect the system from any pos- or army members are likely. Such increased spect to how the regulatory pattern for attacks will put U.S. forces, civilians, and sible failure to the point that there is our financial institutions should be Iraqi partners at risk of being killed, injured, no risk and therefore ultimately no re- or kidnapped. The photos will likely be used changed. As I look at that proposal, I ward. By giving the Federal Reserve as a justification for adversaries conducting ask the same questions my constitu- the kinds of powers this proposal does, retribution attacks against the U.S. for ents are asking: Shouldn’t there be we are moving down that road, and bringing shame on Iraq.’’ Declaration of Gen- some limits on governmental power? once again we are raising the question: eral Raymond T. Odierno, T 11, Motion to Re- Isn’t this going a bit far? Indeed, I Are there no limits on the amount of call Mandate, 2nd Circuit Court of Appeals, think it is a legitimate question, and I power that government can have and Docket No. 06–3140–cv) wanted to address it for a moment. Release of 2004 Photos Resulted in Successful First, let’s understand a fundamental accumulate? I am convinced that if this massive, Attacks Against U.S. Forces truth about the economy. That is that new expansion of power in the hands of ‘‘The public dissemination of detainee all wealth comes from taking risks. the government goes forward abuse photos in 2004 likely contributed to a Farmers take risks when they plant unimpeded, we will see the shutting off spike in violence in Iraq during the third seeds, not knowing what the weather is of sources of credit and therefore the quarter of 2004 as foreign fighters and domes- going to do. Businessmen and women tic insurgents were drawn to Iraq to train contraction of the economy and ulti- take risks when they open businesses, and fight. Attacks on C[oalition] F[orces] in- mately the need for more bailouts, creased from around 700 in March 2004 to 1800 not knowing what the market is going to do. New wealth comes out when we more expenditures of Federal funds to in May (after the photographs were broad- try to keep entities alive. They can cast and published) and 2800 in August 2004. have a bumper crop. New wealth comes stay alive if they can attract capital Attacks on C[oalition] F[orces] did not sub- out when a business started in a garage side to March 2004 levels until June 2008. turns into Hewlett Packard, but in from the private markets, but that is These increased attacks resulted in the every instance you take risks. risky. So if we say: No, we are not death of Coalition Forces, Iraqi forces, and The second element that has to be going to allow the risks, we shut off civilians.’’ (Declaration of General Raymond added to risk-taking is the access to the incentive of the private market to T T. Odierno, Motion to Recall Mandate, 7, accumulated wealth. Sometimes it invest in some of these entities or to 2nd Circuit Court of Appeals, Docket No. 06– loan money to some of these entities. 3140–cv) comes by a wealth you have accumu- lated yourself. Sometimes it comes And then we say: But the entity is so Increase Recruitment for Extremist Organiza- important to our economy that we can- tions and Incite Attacks from loans from your brother-in-law. Sometimes it comes from running up not allow it to fail. So we turn to the ‘‘I believe these images will be used your credit card. Sometimes it comes taxpayer and say: Let’s put more tax- to inflame outrage against the U.S. and from venture capitalists. In many in- payer money into the entity because it be used by terrorist organizations to stances, it comes from banks. But you is too big to fail. recruit new members. The release of take a risk, and you have to have ac- That is what I see down the road for the photos will likely incite Muslim cess to some kind of accumulated cap- this proposal. I may be wrong. But I idealists to join the cause to seek ret- ital or you cannot create new wealth. point out that we in the Congress have, ribution for the dishonor they may per- All right. Why do people take risks? by law, created a commission to study ceive to have been brought against all Because they expect there will be a re- what caused the present mess we are in Muslims by the U.S. inside Iraq, the ward in the form of a return on the and report back to the Congress. We publicity over the images could incite capital they have taken. Whether it wrote into that law a specific date—De- additional attacks on U.S. personnel by comes from a bank loan that they can cember 15, 2010—to make sure the com- members of the Iraq Security Forces.’’ pay back or from investor capital that mission had enough time to examine (Declaration of General Raymond T. will then receive dividends, there will all of the possibilities, to delve deeply Odierno, Motion to Recall Mandate, be a reward. The risk/reward relation- enough into the issue to fully under- T 16, 2nd Circuit Court of Appeals, ship is at the base of the growth and stand it, and then report back to us Docket No. 06–3140–cv) power of the American economy. with their findings. Now we are being The ACTING PRESIDENT pro tem- In the present crisis, we have had told: Forget the commission. Forget pore. The Senator from Utah. people saying: Yes, but there are some the analysis of what happened. We

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.006 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6693 think we know. Let’s put this regu- and we want to drive vehicles. We use ought to produce more oil and natural latory regime in place—one that is too oil in a very substantial way. We have gas here onshore and in the Outer Con- big to function—now. Let’s do it quick- an enormous appetite for oil. tinental Shelf. We should conserve ly. Let’s have it done by the August re- So here is the deal. One-fourth of all more because we are prodigious wast- cess. All right, we can’t get it done by oil produced comes here because we ers of energy. We should make all the the August recess. We are going to need it and nearly 70 percent of the oil things we use more efficient. Efficiency have health care done by the August we use comes from outside of our coun- is an unbelievable component of what recess, so we will do it before Hal- try. Much of the oil produced comes we can do to save energy. Further, we loween, or whatever artificial date from very troubled parts of the world, should maximize the capability of pro- some may choose to put on it. such as Saudi Arabia, Iraq, Venezuela, ducing renewable energy. The reality is, the issue is huge, the and other countries. So 70 percent of The fact is, energy from the Sun issue needs to be examined carefully, the oil we need comes from outside of shines on this Earth every day far in and we need to do it within the param- our country and nearly 70 percent of excess of the energy we need. If we are eters of the basic suspicion the Found- the oil we use is used for our transpor- just smart enough and capable enough ing Fathers had about the government. tation system. So you see the dilemma of doing all the research and science We should do it with an understanding here is that we are unbelievably de- that allows us to use all that energy, that there are limits to government pendent and vulnerable on something then we can make progress. power and that government power has over which we have very little control. The wind blows every day. At least the capacity to damage the economy By that I mean that if, God forbid, to- where I come from, it blows every day. every bit as much as it has the power night terrorists interrupted the supply The Energy Department calls my State to help it move forward. of oil coming to this country from the Saudi Arabia of wind. So we take Mr. President, I say let’s not move other countries, this economy of ours the energy from the wind and produce with the speed and haste we are hear- would be flat on its back. We are unbe- electricity. The fact is, once we put the ing about this proposal. Let’s subject it lievably dependent on oil from other turbine up, we can gather electricity to the most careful examination we countries, and we have to begin reduc- from that wind for 30 years at very low possibly can throughout the processes ing our dependence. How do we do cost. I believe we ought to do everything, of Congress, and let’s make sure that that? and that is what we have tried to do in when we do make regulatory changes By the way, as dependent as we are, this legislation. Key to that is not just with respect to the financial institu- we need to visit the events of last year collecting energy from the wind and tions, we do them in a way that will once again and remember what hap- turning it into electricity; it is also not fail and that can properly function. pened: Speculators took control of the about being able to move it where it is I yield the floor and suggest the ab- oil market and drove the price of oil to needed. sence of a quorum. $147 a barrel in day trading. The price I come from a sparsely populated The PRESIDING OFFICER (Mr. of gasoline went up to $4 to $4.50 a gal- State. My State is 10 times the size of BEGICH). The clerk will call the roll. lon. There was no excuse or justifica- the State of Massachusetts in terms of The assistant legislative clerk pro- tion for it. There was nothing in supply landmass and has only 640,000 people ceeded to call the roll. and demand that justified the price of living in it. We don’t need the addi- Mr. DORGAN. Mr. President, I ask oil and therefore the price of gasoline tional energy produced from wind unanimous consent that the order for going up like a Roman candle and then farms. We don’t need that additional the quorum call be rescinded. in July last year starting to come right energy in my State. But we need it in The PRESIDING OFFICER. Without back down. The speculators, who made the larger load centers in this country. objection, it is so ordered. all the money on the way up, made the In order to get it there, what we need ENERGY same money on the way down. The con- to do is build an interstate highway of Mr. DORGAN. Mr. President, I wish sumers who drove cars and pulled up to transmission capability which is capa- to visit about two issues, the first of fill up with unbelievably expensive gas- ble of producing renewable energy which is a bill we passed out of the oline were the victims. Still nobody where it is produced and then move it Senate Energy Committee earlier this has done the investigation to ask the to where it is used. This is not rocket morning. I wish to give some context questions who did this and how did it science. to what we have done. It will perhaps happen. How is it that when the supply We did this with highways in the not get as much notice as it should. of oil is up and demand is down even 1950s. President Eisenhower and the Yet, it will be headed to the floor of while price rose? Congress said: Let’s build an interstate the Senate to deal with energy policy, I was prepared to offer an amend- highway system, and they moved for- and it affects everybody virtually all of ment this morning to the Energy Com- ward. In parts of rural areas, one might the time. mittee. I didn’t have the votes to offer say: How can you justify building four All of us get up in the morning and in it, so I simply described it. I will offer lanes between towns where very few most cases, flick a switch and turn it on the floor when the bill gets here. people live? Because we are connecting something on. We plug something in or It requires the investigation and gives New York with Seattle, that is why. turn a key for an engine or a lightbulb the Energy Information Administra- That is what the interstate was or a toaster or an electric razor. In tion the requirement to investigate about—connecting America. every way, energy affects our lives in a and authority to subpoena information The same is true with respect to the very profound manner, and what we did to to find out what happened. We need need for transmission. What we have has a significant impact on our daily to do that to make sure it doesn’t hap- put in this legislation addresses the lives. pen again. The price of oil is on the rise issues that have so far prevented us First, I will describe part of the chal- now, and it has gone from $38 to $70 a from building the transmission capa- lenge. barrel even as supply is up and demand bility we need in this country. What Every single day we stick little is down. Describe that to me, in terms are the key issues? Planning, siting, straws in the earth and suck out oil. of a market, how that works. It doesn’t and pricing. If you cannot plan for, site Every single day, there are about 84 make any sense. or price them, then nobody is going to million barrels of oil taken out of the That is a little background of where build them. All of those issues are crit- earth. It is a big old planet with a lot we find ourselves. We are unbelievably ical to building an interstate trans- of people living on this planet, and of dependent upon oil, much of which mission system. the 84 million barrels of oil we take out comes from troubled parts of the world, In the last 9 years, we have built al- every day from the earth, one-fourth of over which we have little control. We most 11,000 miles of natural gas pipe- it is destined to be used in the United need to be less dependent on oil. How line in this country. During the same States. We use one-fourth of the oil do we do that? We wrote an energy bill period, we have only been able to build every day. Why? We have a standard of in the Senate Energy Committee that 668 miles of high voltage transmission living in a big old country that is far does a lot of everything. I believe in lines interstate. Isn’t that unbeliev- above most other places in the world, doing a lot of everything. I believe we able? Why can’t we do it? Because we

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.047 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6694 CONGRESSIONAL RECORD — SENATE June 17, 2009 have all these bifurcated jurisdictions going to have an energy bill that solves I don’t know. We have solved a lot of that can stop it, saying: Not here; not America’s energy problem by making difficult problems in our past. We can across my State lines. us less dependent on foreign energy and surely solve these problems in our fu- We have passed legislation this morn- especially foreign oil, then we ought to ture if we are just smart and do a lot of ing that carries out some important do something of everything to make things that work well for our country. things. This includes my amendment that happen. Mr. President, I compliment my col- to open the eastern Gulf of Mexico for Does it include drilling and addi- leagues—Senator BINGAMAN, Senator additional oil and gas production. That tional production? The answer is yes. MURKOWSKI, and other Democratic and makes sense to me. I have a chart that Does it include substantial conserva- Republican colleagues on this com- shows what I did with this amendment. tion? Absolutely. Efficiency? Yes. mittee. We have worked on this energy I know one of my colleagues was on Maximizing renewables? Certainly. bill for some months. It has taken us a the floor having an apoplectic seizure What else? We need to move toward a while to get to this point. But today, at about this suggestion of opening the future in which we will have an electric long last, we passed this legislation by eastern Gulf of Mexico for oil and gas drive system of transportation, by and a bipartisan vote of 15–8. We will have exploration. He suggested that it was large, and we will also then, in the it on the Senate floor at some point. going to impede and cause all kinds of longer term, transition to hydrogen We will have further debate about difficulties with the routes over which fuel cell vehicles. points of it. It is exactly what we we have sophisticated, important mili- All of that is accomplished if we can ought to be discussing: How do we tary training. make us less dependent on oil from make America more secure? How do we I have been working with a group of outside our country by producing more make America less dependent on for- retired military and business leaders here and conserving more here and eign oil and things over which we have on an energy plan. They are members then producing substantial amounts of no control or very little control? We of the Energy Security Leadership additional energy from renewable en- must develop an energy program at Council. In April, Senator VOINOVICH ergy such as wind and solar. We can home that makes a lot of sense, that and I introduced the plan which we produce electricity to put on a grid, a does a lot of everything, and does it called the National Energy Security modern interstate highway grid, to very well. I am happy say that we have Act. Let me describe a little about the move what we produce to where we made a positive step in that direction membership of that group. By the way, produce it to where the loads are and this morning in the Energy Committee. that group understood that the western where the load center is needed. FINANCIAL REFORM and central Gulf are open for produc- This is not some mysterious illness tion. They believe that the eastern gulf for which we do not know the cure. Mr. President, I wish to talk about should be open as well because there This is an energy policy that we know one other issue today, and that issue is are substantial reserves of oil and nat- will work if we just will decide to do a something that has been announced by ural gas in this eastern area. It can be lot of everything that represents our the President this afternoon. It deals done in a way that does not com- own self-interest: produce more, in- with the President’s plan for financial promise our military readiness. crease energy efficiency, and maximize regulation. I know my colleague from Among the membership of this group renewables. Utah just described it from his perspec- is former GEN P.X. Kelley; GEN John I have not mentioned one final point, tive. I have great respect for him. Let Abizaid; ADM Dennis Blair; ADM Vern and that is this: Our most abundant re- me describe from my perspective why Clark; GEN Michael Ryan; and GEN source is coal. Yesterday I was reading, it is necessary for us to have a finan- Charles Wald; and others. These are once again, a prognosis that we cannot cial regulation package that requires some of the highest military officials use coal in the future. Of course, we some reform in those areas as well. who have served this country, all of can use coal, but we have to I don’t think there is anything we whom have retired, but all of whom decarbonize it and use it much more ef- can do in the Congress or that Presi- also believe this area should be open ficiently. There are a lot of inventive dent Obama can do that is more impor- for development. scientific folks out there who are doing tant for the future of this country and Would they suggest that if this some- cutting edge research that will allow lifting this economy and trying to put how would impede a military training us to continue to use our most abun- it back on track in a way that expands area? Of course not. We have military dant resource—coal. opportunity and creates jobs than to training areas in the central and west- I talked about opening up fields of oil try to instill some confidence in the ern gulf, and there is no issue there. and gas production. I am making sub- American people. There is no conflict. stantial investments through the ap- As I have said a dozen times on the This legislation is landmark in many propriations subcommittee that I chair floor of the Senate, this is all about ways. I was one of four Senators who with respect to decarbonizing coal. confidence. We have all kinds of sophis- opened this little area. Four of us— I am convinced we can build near ticated things we work on and tax pol- Senator Domenici, Senator BINGAMAN, zero emission coal-fired electric gen- icy and M–1 B and all these other Senator Talent and myself—offered eration plants. I am convinced of that. issues. None of it matters as much as legislation to open lease 181 in the gulf. I know one of America’s most promi- confidence. When the American people That was about 3 years ago. That was nent scientists who is working right are confident about the future, they do opened, but it changed substantially now on something that is fascinating. the things that expand the economy. before it was opened. This is another He is working on developing synthetic They buy a suit of clothes, they take a attempt to open that area, which microbes to consume coal from which trip, buy a car, buy a house. They do should be open in the eastern gulf. would then produce methane gas. the things that represent their feeling I understand there are people upset Wouldn’t that be interesting? If you that the future is going to be better. with it. They say: You can’t open it for create a synthetic microbe to simply They feel secure in their job and in drilling. Let me show what my propo- consume the coal and after consump- their lives, so they do things that ex- sition is in terms of doing it respon- tion, the microbe turns coal into meth- pand the economy. sibly: The states control the first 3 ane gas. If they are worried about their job, if miles. After that, there would be no For example, there is another sci- they are wondering whether the econ- visible infrastructure allowed in the entist in California who testified at a omy will allow them and their family line of sight so you cannot see any- hearing I chaired recently about cap- to continue to pay all their bills, when thing. Beyond, 25 miles there would not turing carbon from a coal plant by cap- they are not confident about the fu- be restrictions. The fact is, I think turing the flue gas and using the CO2 ture, they do exactly the opposite. what we ought to do this in a way in by turning it into a value-added prod- They contract the economy. They defer order to be sensitive to the coastal uct that for making concrete which has those purchases. They make different States. I am not interested in putting value in the marketplace. This would judgments. We are not going to buy the oil wells right off their beaches. That is help bring down the cost of suit of clothes, not take that trip, not the point. My point is, if we are decarbonizing coal. won’t buy the car or the house. They

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.053 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6695 contract the economy. That is why ev- who should be responsible, how do you Mr. CARDIN. Mr. President, I ask erything rests on confidence by the get it right. I do hope we can have a unanimous consent to speak as in American people going forward. discussion about whether the systemic morning business. Just answer the question: How on risk regulator should or could be an en- The PRESIDING OFFICER. Without Earth can people be confident about tity that is not accountable and one objection, it is so ordered. this economy unless we fix that which that operates in substantial secrecy. MODERN DAY SLAVERY caused this wreck, that which steered My feeling is there is a much better Mr. CARDIN. Mr. President, I take this economy into the ditch and is now way to do that, No. 1. No. 2, while there this time to share with my colleagues causing 550,000, 600,000 people every are a lot of details I will not describe a problem—a worldwide problem—that month to have to come home and tell today, I still am interested in this we thought was left behind in the 20th their loved one: I have lost my job. No, question of whether we will confront— Century—slavery. I am talking about not because I was doing bad work; I and I don’t know that from the Presi- modern slavery, the human trafficking was told they are cutting back at the dent’s description today whether we that takes place around the world. office or the plant. will—the issue of too big to fail. Yesterday, as Chairman of the U.S. This economy has in recent years It seems to me this issue of too big to Commission on Security and Coopera- been an economy with an unbelievable fail is no-fault capitalism. That is, if tion in Europe, the Helsinki Commis- bubble of speculation about a lot of we don’t address this question of too sion, I was privileged to join Secretary things, and at the same time there was big to fail—which has caused us enor- of State Clinton at the State Depart- unbelievable negligence in oversight by mous angst, in recent months espe- ment for the official release of the those the public has hired in Federal cially—we will ultimately have to con- Ninth Annual Trafficking in Persons agencies to do the oversight of what front the issue once again down the Report. This is a vital diplomatic tool. was going on. We wake up one morning road when it is very expensive again to It is put out every year by the United and we discover there are hundreds of do so. States. We have been doing this now trillions of dollars of exotic financial I do think there is a requirement for almost 10 years. It lists every coun- products called CDOs and credit default here for us to support the President in try and the current status of traf- swaps and all kinds of strange names deciding that there needs to be regula- ficking in their country. Some coun- that are very complicated with unbe- tion that gives people confidence that tries are origin countries, others allow lievable embedded risk. We don’t know someone is minding the store. When I trafficking through their countries, who has them, we don’t know how said that all of this rests on a founda- and other countries are receiving coun- much risk is out there. All of a sudden tion of confidence, I mean if we do not tries. things start collapsing, the economy restore the regulatory functions in a This report is an objective yardstick goes into a ditch, and we are in huge manner that the American people see so that we know exactly what is hap- trouble. as just and fair, and most especially ef- pening in each one of these countries. How did it all happen? Was someone fective, I don’t think we will restore It is a valuable tool for us to put an not watching? the kind of confidence that is nec- end to the trafficking in human beings Yes, that is the point; someone was essary to begin building and expanding used for slavery or sex or for other ille- not watching for a long period of time. this economy once again. gal type purposes. The President has talked about the It was interesting that the Secretary Again, I give the President substan- need for financial reform, and today he of State, Secretary Clinton, also re- tial credit today for saying this is an has described at least an initial portion leased the Attorney General’s Report important issue. Let us get about the of what he would like to do. I think to Congress: An Assessment of U.S. business of doing it. He has offered us many of us share his feelings about the Government Activities to Combat Traf- a description that now gives us a need for effective regulation. That is ficking in Persons. This is the first chance to discuss how we begin to put not rocket science given what we have time we have had this report. This re- the pieces back together of what is the been through. port talks about what is happening in most significant financial wreck since Let me say this. Effective regulation our own country, in the United States. the Great Depression. This was not is something that I think, from my Because we think it is important, if we some natural disaster, such as some personal observation, is probably not are going to lead internationally, that huge hurricane or some big storm that going to come from the Federal Re- we lead by example of what we do in came running through. This disaster serve Board. Let me talk just about our own country in order to stop traf- was manmade, and we need to make where the location of this regulation is ficking in human beings. sure we put in place the things that or should be. The Department of State’s Office to The Federal Reserve Board, in my will prevent it from ever happening Monitor and Combat Trafficking uti- judgment, essentially became a spec- again. lizes our vast network of embassies and tator for a long period of time under There will be, I am sure, much more consulates throughout the world to then Fed Chairman Alan Greenspan discussion about this in the coming compile the most comprehensive report who believed that self-regulation was days. Again I thank the President for of its kind. It is an objective yardstick by far the best. Let everybody do what beginning this discussion because it is we should be using more and more to they will and they will do in their self- essential, as we begin to try to build press every country in the world to do interest what they believe is right and opportunity in this economy once more to stop modern slavery. The self-regulation will be just fine. again, to restore the confidence of the United States has shown great leader- It turns out it was an unbelievably American people by saying we are ship on this issue, and I commend Sec- bad decision. But the problem is, to set going to have effective regulatory ca- retary Clinton for the incredible lead- up the Federal Reserve Board as the pabilities to make certain we don’t ership she has demonstrated, making it systemic risk regulator is to set up a have this unbelievable bubble of specu- a priority topic for the United States systemic risk regulator that is unac- lation that helped cause the collapse of nationally and internationally. countable. The Federal Reserve Board our economy. When Secretary Clinton was Senator is unaccountable. It is not accountable Mr. President, I yield the floor. Clinton, she served on the Helsinki to the Congress, not accountable to the The PRESIDING OFFICER. The Sen- Commission and was one of our leaders President. ator from Kansas is recognized. in forming a policy within the United So in addition to establishing an un- Mr. BROWNBACK. I thank the Chair. States-Helsinki Commission to raise accountable entity, it is also an entity (The remarks of Mr. BROWNBACK per- the issue of trafficking in persons. As a that operates in great secrecy. I give taining to the introduction of S. 1282 result of the work of the U.S. commis- the President great marks for sug- are located in today’s RECORD under sion and the leadership of our country, gesting we have to have more effective ‘‘Statements on Introduced Bills and we were able to get the Organization regulatory capability. I am sure we Joint Resolutions.’’) for Security and Cooperation in Eu- will have discussions about exactly The PRESIDING OFFICER. The Sen- rope, OSCE, to make this a priority; To where should that regulation exist, ator from Maryland. adopt policies within OSCE so every

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.054 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6696 CONGRESSIONAL RECORD — SENATE June 17, 2009 member state, all 56, would adopt a family forced her to leave behind her 6- in June, more than a dozen Filipinos strategy to first understand what is month-old baby. To cancel the debts, Xiao were rescued from hotels in Douglas happening in their own country, to Ping married the man who provided the loan. and Casper, WY, where they were work- take an assessment as to where they But her husband regarded her as ‘stained ing with minimal pay and forced to live goods,’ and the marriage did not last. are in trafficking; then to develop a in horrendous conditions. Their ‘‘em- strategy to improve their record, adopt Tragic scenarios like this will con- ployment agency’’ purposefully al- the best practices as we know, what tinue unless all countries—whether a lowed their work visas to expire so has worked and what has not worked; point of origin for the sex trade, a tran- they would be trapped into servitude as and then to make progress to root out sit point for slaves whose criminal traf- illegal aliens. A Federal grand jury trafficking in their own country. fickers are undetected by law enforce- brought forward a 45-count indictment Again, whether they happen to be an ment, or a destination for a forced on racketeering, forced labor traf- origin country or whether they happen child laborer, work together to in- ficking, immigration violations, iden- to be the host country or whether they crease prosecution of these crimes. In tity theft, extortion, money laun- just happen to be a transit country in concert with the immense awareness dering, and other related violations in which persons are trafficked through raising efforts of the Trafficking in Wyoming and 13 other States. their country, they need to adopt a Persons Report, the exchange of U.S. These are criminal elements. Fortu- strategy that will help rid us of this policies and countertrafficking mecha- nately we are starting to see prosecu- modern-day slavery. nisms throughout the OSCE region has tions of people involved in these activi- I am very proud of the role the resulted in a steady increase in the ties. United States has played, our govern- number of countries with enacted We want to end this modern day slav- ment has played, and the Helsinki antitrafficking legislation. That is a ery—as human beings we need to end Commission has played. I wish to call success story. We have made progress. this slavery—in the United States and this matter to the attention of our col- Tougher laws are being adopted. around the world. Involuntary domes- leagues. I found the ongoing work of Probably even more important, we tic servitude, sex trafficking and forced the Office to Monitor and Combat Traf- are developing attitudes in countries labor should not be acceptable in any ficking and the Trafficking in Persons that this cannot continue, it is not 21st century civilization. The OSCE has a unique role in gener- Report extremely useful in engaging something you can just overlook. I ating instruments that empower gov- the 55 participating states of the OSCE. must tell you, these reports that were ernments to end human trafficking. We use this document frequently when issued, now for almost 10 years, have Each year, the OSCE Special Rep- we meet with our colleagues or when played a critical role. The United resentative and Coordinator for Com- they travel to the United States to States should be proud of what we have bating Trafficking in Human Beings meet with us, to say: What are you been able to do to call world attention also prepares a report that outlines the doing about this? This tells us you to this issue. trends and developments of counter- could do a better job in law enforce- According to the State Department’s trafficking efforts in the OSCE region. ment. You need to recognize that those report, a young woman from Azer- This report has been instrumental in who are trafficked are victims. They baijan, Dilara, had a sister who: . . . had been tricked into an unregis- promoting the establishment of na- are not criminals, they are victims, tional rapporteurs, consistent data col- and you need to have a way to take tered marriage to a trafficker who later abandoned her when she got pregnant. When lection practices, and standardized law care of their needs. Dilara confronted her sister’s traffickers, she enforcement policies to ensure more The report continues to function as a herself became a victim. She ended up in robust cooperation to end modern slav- working document, frequently cited Turkey, where she and other abducted girls ery. It is used around the world so peo- and invoked to promote adherence to were tortured and forced to engage in pros- ple can see how to better prepare their numerous human rights commitments titution. Dilara escaped with the help of own country to identify trafficking and Turkish police, who promptly arrested the and the principles of the Helsinki Act. help its prosecution. Some of the most striking parts of nine men who trafficked Dilara and her sis- ter. The OSCE efforts closely com- this year’s report—besides the stag- plement the Trafficking in Persons Re- They were some of the lucky ones. gering estimates by the International port and demonstrate a close partner- Dilara and her sister found help from a Labor Organization that there are at ship with the efforts of the Office to local NGO, including job training, and least 12.3 million adults and children in Monitor and Combat Trafficking. I now she works and lives her life as a forced labor, bonded labor, and com- truly hope this close partnership con- free woman in Baku. mercial sexual servitude at any given tinues to flourish. time—are the wrenching victims’ sto- From some of these tragedies we We were instrumental in getting ries themselves. have seen heroic actions taking place, OSCE to have the capacity to do this, We know trafficking is connected to some encouragement that we are mak- and Congress was instrumental in get- organized crime. We know that. This is ing progress. ting the State Department to make Prostitution is not the only form of not just isolated trafficking of people, these annual reports. Now we have the involuntary servitude outlined in this it is also part of an organized effort, documents. Now we have the evidence. latest report. It contains true stories criminal efforts that we need to root We know progress can be made. We like: a family in India that were bond- out. But we sometimes forget that the have seen progress made. But until we ed laborers at a rice mill for three gen- women, children, and men who are rid our civilization of modern-day slav- erations until freed with the help of trafficked are victims and we must ery, we have not accomplished our NGOs; young boys in the Democratic treat them as victims, with respect and goal. dignity. That is a success story. We Republic of Congo abducted from their Let’s take these reports, use these re- have made progress. Tougher law are school by a militia group and tortured ports so we can bring this to an end being adopted. until they submitted to serving as sol- and help those who have been victim- Take Xiao Ping of China. Now 20 diers; and an 8-year-old girl from Guin- ized through traffickers. years old, her testimony in the State ea given away as an unpaid domestic Madam President, I yield the floor Department report says that: servant after her mother and brother and suggest the absence of a quorum. She spent most of her life in her small vil- died. The PRESIDING OFFICER (Mrs. lage in Sichuan Province. She was thrilled These are real people. These are real SHAHEEN). The clerk will call the roll. when her new boyfriend offered to take her stories. The bill clerk proceeded to call the on a weekend trip to his hometown. But her The U.S. is not immune from the roll. boyfriend and his friends instead took her to problems of modern day slavery. The Mr. SESSIONS. Mr. President, I ask a desert village in the Inner Mongolia Auton- 2009 Trafficking in Persons Report omous Region and sold her to a farmer to be unanimous consent that the order for his wife. The farmer imprisoned Xiao Ping, highlights a young girl brought to Cali- the quorum call be rescinded. beat her, and raped her for 32 months. . . . fornia from Egypt by a wealthy couple The PRESIDING OFFICER (Mr. Xiao Ping’s family borrowed a substantial who forced her to work up to 20 hours BURRIS). Without objection, it is so or- sum to pay for her rescue, but the farmer’s a day for just $45 a month. And earlier dered.

VerDate Nov 24 2008 04:48 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.056 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6697 JUDICIAL NOMINATIONS the intrusion of government on the ate. At no point may its judges sub- Mr. SESSIONS. Mr. President, the rights of humankind. stitute their political or personal views nomination of a new Justice to the Su- The Founders established a govern- for that of elected representatives or to preme Court of the United States ment that was modest in scope and the people themselves—the people’s brings to our minds a core question, limited in its authority. In order to will having been permanently ex- both for the Senate and the American limit the expansion of Federal Govern- pressed in the Constitution that cre- people, and that is: What is the proper ment power, they bounded the govern- ated the judiciary. role of a Federal judge in our Republic? ment by a written Constitution. Its To gain a deeper understanding of Answering this question is not sim- powers were only those expressly this role, it is instructive to look fur- ply an academic task, it is funda- granted to the government. As Chief ther in Hamilton’s Federalist No. 78, mental to what we will be doing here. Justice John Marshall famously wrote: widely regarded as one of the definitive How the American people and their This government is acknowledged by all to documents on the American court sys- representatives and their Senators, the be one of enumerated powers. tem. In it Hamilton explains that ‘‘the ones who have been delegated that re- Enumerated means the government interpretation of the law is the proper sponsibility, answer that question im- has the power it was given and only and peculiar province of the courts. pacts not only the future of our judici- those powers it was given. If you will The constitution . . . must be regarded ary but I think the future of our legal recall the Constitution starts out: by the judges as a fundamental law. It therefore belongs to them to ascertain system and the American experience. We the people of the United States of In traveling the world as part of the America, in order to establish a more perfect its meaning.’’ Armed Services Committee, I am more Union . . . Judges do not grant rights or remove convinced than ever before that the them. They defend the rights that the So the people established it, and they Constitution enumerates. So it is thus glory of our American experience, our granted certain powers to the branches liberty, and our prosperity is based on no surprise that Hamilton says a judge of government. But those powers were must have an ‘‘inflexible and uniform the fact that we have a legal system not unlimited, they were indeed lim- you can count on. When you go to adherence to the rights of the Con- ited. They were enumerated and set stitution.’’ places such as Afghanistan or Iraq or forth. Pakistan or the West Bank or Bosnia In order to ensure that judges would But our Founders knew these limita- consistently display such adherence to and you see people—and they cannot tions, history being what it is, stand- get a legal system working. It does not the Constitution in the face of outside ing alone were not enough. So they cre- pressures, our Framers took steps to work, and people are not protected, in ated three distinct branches of the gov- their persons, from attack, and their ensure that the judiciary was inde- ernment, creating a system of checks pendent from the other branches and property is not protected, contracts and balances to prevent any one branch insulated from political interference. often are not enforced properly. That from consolidating too much power. As was often the case, the Framers just demoralizes the country. It makes The Constitution gives each branch its were guided by the wisdom of their own it very difficult for them to progress. own responsibility. I am so proud of the American legal experience. They had a lot of common Article I of the Constitution declares: sense in the way they dealt with system. It is something we inherited, All legislative powers, herein granted shall things. we built upon. It is the bulwark for our be vested in a Congress of the United States. In England, colonial judges were not liberty and our prosperity. Article II two declares: protected from the whims of the King. So we ask this question: What do Included in the Declaration of judges do? Do they faithfully interpret The executive power shall be vested in a President of the United States. Independence’s litany of grievances is our Constitution and laws as written or And Article III declares: the assertion, when Jefferson was set- do they have the power to reinterpret ting forth the complaints against the those documents through the lens of The judicial power of the United States shall be vested in one Supreme Court. King, he asserted that the King had their personal views, backgrounds, and ‘‘made Judges dependent on his Will And such other Courts as the Con- opinions? alone, for the tenure of their offices gress creates. Is the Judiciary to be a modest one, . . .’’ These words are unambiguous. The applying the policies others have en- That was a complaint. That was one Judiciary possesses no power to make acted, or can it, the Judiciary, create of the things we objected to in the way new policies that a judge may desire or law or even enforce law. In Federalist the King was handling the people in think are good? No. 47, one of our Founding Fathers, the Colonies. That was part of the Dec- When the correct answer to a legal James Madison, cites the Constitution laration. When the Constitution was case is difficult to ascertain, is a judge of Massachusetts which states: drafted, that matter was fixed. then empowered to remove his or her The judicial shall never exercise the legis- In order to shield the courts from the blindfold, that Lady of Justice with the lative and executive powers, or either of threat of political pressure or retribu- blindfold on holding the scales? Can them, to the end that it may be a govern- tion, article III effectively grants ment of laws and not of men. they remove the blindfold and allow judges a lifetime appointment, the their personal feeling or other outside So Madison, in arguing for the Con- only Federal office in America that has factors to sway the ultimate decision stitution, trying to convince the Amer- a lifetime appointment. We have to an- in the case? icans to vote for it, quoted the Massa- swer to the public. So does the Presi- I am going to be talking about that chusetts Constitution—this provision dent. It also specifically prohibits Con- and addressing those questions in the in it, with approval stating that is es- gress from diminishing judicial pay or weeks to come. But I do think we need sentially what we have in our Federal removing judges during times of good to first begin at the source. We must Government. behavior. So Congress can’t remove a return to the words and ideas of those Madison was a remarkable man. judge or even cut their pay. Hamilton who founded our Nation, whose fore- He went on to describe the separation referred to this arrangement as ‘‘one of sight resulted in the greatest Republic of powers as the ‘‘essential precaution the most valuable of modern improve- this world has ever known and the in favor of liberty.’’ Alexander Ham- ments in the practice of government.’’ greatest legal system anywhere in the ilton, in Federalist No. 78—written to He went on to say that he saw it as the world. encourage Americans to support the best step available to ‘‘secure a steady, It is clear from reviewing these words Constitution—quotes the French phi- upright, and impartial administration and ideas and ideals, particularly as ex- losopher, Montesquieu, who said: of the laws.’’ pressed in the Constitution itself, that There is no liberty if the power of judging So Madison hoped the courts, set our Founders desired and created a not be separated from the legislative and ex- apart from the shifting tides of public court system that was independent, ecutive powers. opinion, would be better suited to act impartial, restrained, and that, The judicial branch, then, is limited as ‘‘faithful guardians of the constitu- through a faithful rendering of the to the interpretation and application of tion’’ to stand against ‘‘dangerous in- Constitution, serves as a check against law—law that exists, not law they cre- novations in government.’’ In other

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.059 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6698 CONGRESSIONAL RECORD — SENATE June 17, 2009 words, courts are removed from the po- ating rights and destroying rights So the question is not whether these litical process not so they are free to based on their personal views, which policies are good or bad, whether you reinterpret the Constitution and set they were never empowered to do. The like the death penalty or not. That is a policy, but so they are free from the temptation to reinterpret the Constitu- matter of opinion. And how one be- pressures of those who would encour- tion leads judges, sometimes, to suc- lieves that global warming should be age them to do just that. cumb to the siren call of using that op- confronted is not the question. The The Framers also understood that portunity they might possess to enact question is whether a court comprised the courts, as an unelected branch of something they would like to see of nine unelected Judges should set government with a narrow mandate, occur. policy on huge matters before the would also necessarily be the weakest Maybe somebody will write in a law country that we are debating in the po- branch. Hamilton wrote that whoever review that they were bold and coura- litical arena. looks at the ‘‘different departments of geous and did something great. We Should that not be the President and power must perceive that, in a govern- have seen some of these actions occur. the Congress who are accountable to ment in which they are separated from Under the power to regulate business the voters to openly debate these each other, the judiciary, from the na- and commerce the government is issues and vote yes or no and stand be- ture of its functions, will always be the given, our Supreme Court recently fore the people and be accountable to least dangerous to the political rights ruled that carbon dioxide, which is a them for the actions they took? I think of the Constitution; because it will be naturally occurring substance in our the Constitution clearly dictates the least in a capacity to annoy or injure environment—when plants decay, they latter is the appropriate way. A number of groups and activists be- them. . . .It may truly be said to have emit carbon dioxide; when they live, lieve the Court is sort of their place neither force nor will, but merely judg- they draw in from the air carbon diox- and that social goals and agendas they ment. . . .’’ ide; it is plant food—they ruled that it So in light of this narrow mandate was a pollutant. As a result, regardless believe in that are not likely to be won that judges have been given, judges of how you see that matter, I think at the ballot box, they have an oppor- have understood from time to time when the statute was passed they gave tunity to get a judge to declare it so. that they ought not to be drawn into EPA regulation to control pollution in We have the Ninth Circuit Court of Ap- the 1970s long before global warming peals en banc ruling that the Pledge of the political thicket; that they ought was ever a consideration; that Congress Allegiance to the Constitution is un- to decline to answer questions that had no contemplation that it would be constitutional because it has the words they felt were more appropriately to be used to limit carbon dioxide some under God in it. Actually, that has addressed by the political branches of years later. But that is what the Court never been reversed. It has been va- government. Typically, this distant ap- ruled. cated in a sense because the Supreme proach has been invoked when the Con- I only say that because that was a Court rejected it on, I think, standing stitution has delegated decision-mak- huge economic decision of monumental grounds. But at any rate, those are the ing on a particular issue to a particular proportions. It called on an agency of things that are out there. It is not in branch, when the court finds a lack of the U.S. Government to regulate every the Constitution. This is a bad course ‘‘judicially discoverable and manage- business in America that uses fossil for America. able standards’’ to guide its decision- fuels. It is a far-reaching decision. If the judiciary heads further down making, or when the court feels it best Right or wrong, I just point out what that path, then I think we do have dan- not to insert itself in a conflict be- five members of the Court can do with gers because we are actually weak- tween branches. That is what is hap- a ruling, and that was five members. ening the Constitution. How can we up- pening. They are showing restraint and Four members dissented on that case. hold the rule of law if those who weigh discipline. This is an example of judi- At least two members of the Supreme the scales have the power to tip them cial restraint because it respects the Court concluded that the death penalty one way or the other based on empa- powers of the other branches and the is unconstitutional because they be- thy, their feelings or their personal role of elected representatives rather lieve that it is cruel and unusual as views? How can we curb the excess of than the appointed judges in estab- prohibited by the eighth amendment to Federal power if we allow our courts to lishing policy. the Constitution. They dissented on step so far beyond the limits of their This is not an academic exercise or every single death penalty case and legitimate authority? How can the an abstract hypothetical. Judicial ac- sought to get others to agree with least among us depend on the law to tivism has enormous consequences for them. Some thought others might deliver justice, to protect them, to every American because if judges who agree with them. But as time went by, steadfastly protect their liberties, if are given a lifetime appointment and they have now left the bench and no rulings are no longer objective and if a guaranteed salaries are given the other Judges have adhered to that phi- single judge has the power to place his power to set policy, then that is an losophy. But I would say that it is an or her empathy above the law and the anti-democratic outcome because we absolutely untenable position because evidence? have created someone outside the po- the Constitution itself makes at least So with these fundamental questions litical process and allowed them to set eight references to the death penalty. in mind, I hope the comments I make policy for the country and they cease It is implicit in the Constitution itself. in the weeks to come will be of some to be accountable to the American peo- It says the government can’t take life value as we talk about the future of ple. without due process. So that con- the judiciary, what the role of a judge The men and women of the Supreme templates that there was a death pen- ought to be on our highest court, and Court hold extraordinary power over alty, and you could take life with due to uphold our sacred charter of inalien- our lives. It takes only five Justices to process. able rights. determine what the words of the Con- The Constitution also refers to cap- So let me repeat, I love the American stitution mean. You may think it is ital crimes and makes other references legal system. I am so much an admirer nine; it is really just five. If five of the to the death penalty. Every single Col- of the Federal legal system I practiced nine agree that the Constitution means ony, every single State at the founding in for 15 years before fabulous judges. this or that, it is as good—hold your of our government had a death penalty. They were accused sometimes of think- hats—as if three-fourths of the States It is an abuse of power for two Judges ing they were anointed rather than ap- passed a constitutional amendment to assert that the eighth amendment, pointed. But I found most of the time— along with the supermajority votes of which prohibited drawing and quar- the prosecutor that you are—they did the Congress. So this is a powerful tering and other inhumane-type activi- follow the law and they tried to be fair. thing a Supreme Court Justice pos- ties, actually should be construed to I think the independence we give them sesses, the ability to interpret words of prohibit the death penalty. That is ju- is a factor in their fairness and some- the Constitution. dicial activism. They didn’t like the thing I will defend. But there is a re- When Justices break from the ideal death penalty. They read through the sponsibility that comes with the inde- of modest and restrained practices, as Constitution, found these words, and pendence judges get. And that responsi- described by Hamilton, they begin cre- tried to make it say what it does not. bility is that when they get that bench

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.061 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6699 and they assume that power, they not Having said that, there are times of every employee. You may be work- abuse it, they use integrity, they are when a Supreme Court has reached a ing next to someone for years and objective, and they show restraint. decision which I disagree with. Most never know exactly what they are Mr. President, I yield the floor. recently, this current Court—which is being paid. The PRESIDING OFFICER. The Sen- dominated by more conservative mem- That was the case with Lilly ator from Illinois. bers, those who fall into the so-called Ledbetter. She did not know the man NOMINATION SONIA SOTOMAYOR strict construction school—had a case standing next to her, doing the same Mr. DURBIN. Mr. President, I lis- that came before them involving a job, was being paid more. She did not tened carefully to the statement of my woman. She was a woman who worked discover that until many years later. colleague, Senator SESSIONS, from Ala- at a tire manufacturing plant in Ala- So the Supreme Court said: Mrs. bama, who is the ranking Republican bama, if I am not mistaken. She spent Ledbetter, unfortunately, you did not in the Senate Judiciary Committee, a lifetime working there. Her name was file your case in time. We are throwing who is charged with a special responsi- Lilly Ledbetter. Lilly rose through the it out of court. And they did. Strict bility at this moment in history. Be- management ranks and was very happy constructionists, conservatives that cause with the retirement of Supreme with the assignment she was given at they were, they departed from the pre- Court Justice David Souter and the va- this plant. vious court’s decisions, which had cancy that has been created, the Sen- She worked side by side, shoulder to given her and people like her the right ate Judiciary Committee has the re- shoulder, with many male employees. to recover and limited that right to re- sponsibility to work with the President It was not until Lilly announced her cover. to fill that vacancy. retirement that one of the employees Well, in the name of Lilly Ledbetter, I am honored to be a member of that came to her and said: Lilly, for many we changed the law to make it abun- committee and to be facing the third years now, you have been paid less dantly clear, so that neither this Su- vacancy since I have been elected to than the man you were working next preme Court nor any Supreme Court in the Senate. It is rare in one’s public po- to, even though you had the same job the future will have any doubt that it is 6 months after the discovery of dis- litical life to have a chance to have a title and the same job assignment. This crimination, not after the first act of voice or a partial role in the selection company was paying less to women of one Supreme Court Justice. But to discrimination. doing the same job as men. She It was one of the first bills, if not the have a chance to be involved in the se- thought that was unfair—after a life- first bill, President Barack Obama lection of three, for a lawyer, is quite time of work—that she would not re- signed. I happened to be there at the an amazing responsibility. ceive equal pay for equal work. signing, and standing next to him, re- Senator SESSIONS and I are friends, So she filed a lawsuit under a Federal ceiving the pen for that signature, was and we see the world somewhat dif- law asking that she be compensated for Lilly Ledbetter. She may not have won ferently. But I would say to him that I this discrimination against her—the in the Supreme Court, she may not would quarrel with the notion that our reduction in pay she had faced and the have come back with the compensation laws are so clear that a judge, given a retirement reduction which she faced she was entitled to, but she at least set of facts, could only draw one con- as a result of it. It was a well-known had the satisfaction to know this Con- clusion. What we find often is the oppo- law she filed her case under, giving gress and this President would not site. Well-trained attorneys who be- each American the right to allege dis- allow the injustice created by that Su- come judges can look at the same law crimination in the workplace, and she preme Court decision to continue. and the same facts and reach different set out to prove it. So the Senator from Alabama came conclusions. That is why, when it Her case made it all the way to the here and said: We do not need judges comes to appellate courts, it is not un- Supreme Court of the United States, with empathy. That word has been usual to have a split decision. Different across the street—the highest court in stretched in many different directions. judges see the facts in a different con- the land. This conservative, strict con- But if empathy means we do not need text. struction Court departed from all the judges who understand the reality of So to argue that we want judges who earlier cases. The earlier cases had said the workplace, if empathy means we will always reach the same conclusion something that was, I think, reason- would say to Lilly Ledbetter: Sorry, from the same laws and facts defies able on its face. They looked at the you missed it, girl, you had 6 months human experience. It is not going to statute, the law the case was brought to file that lawsuit from the first act of happen. People see things differently. under, and said Lilly Ledbetter had a discrimination, the first paycheck— People read words differently. People specific period of time after she discov- you missed it, and you are out of view facts differently. Occasionally ered the discrimination to file a law- luck—if empathy would say that is not judges, faced with cases they may suit. I believe the period was 6 months. a fair or just result, I want judges with never have envisioned, see a need for I may be mistaken, but I think that is empathy. I want them to know the real change in our country. a fact—that she had 6 months after she world. I want them to know the prac- There are times when I might agree discovered she was discriminated tical impact of the decisions they with that change and times when I against to file a lawsuit. And Lilly make. I want them to follow the law. I might disagree. In 1954, right across Ledbetter said: That is exactly what I want them to be fair in its administra- the street, in the Supreme Court, a de- did. When I learned I was discriminated tion. But I do not want them to sit cision was reached in Brown v. Board against, I filed within that statutory high and mighty in their black robes so of Education. Fifty-five years ago, they requirement. far above the real world that they took a look at the schools of America, But the Supreme Court, across the could not see justice if it bit them. I the public schools of America, that street—the strict constructionists that think that is what empathy brings— were segregated, Black and White, and they are—reached a different conclu- someone who is at least in touch with said: No, you cannot have separate and sion. Their conclusion was that the law this real world. equal schools. That brought about a did not mean that. The law meant she For the last several—2 weeks, I dramatic change in America: the inte- had to file the lawsuit within 6 months guess—the nominee of President gration of America’s public education. after the first act of discrimination. In Barack Obama for the Supreme Court, The critics said that Supreme Court other words, the first time she was paid Sonia Sotomayor, has been meeting had gone too far, they had no right to less than the man working next to her, with the Members of the Senate. She reach that conclusion. Well, I disagree she had a clock starting to run, and she had an unfortunate mishap and broke with those critics. But some of them had 6 months to file the lawsuit. her ankle at La Guardia Airport, so I said they should have been strict con- Well, those of us who have worked allowed her to use my conference room structionists, they should have left outside government—and even those upstairs on the third floor, and there schools as they were; it was not their working in government, for that mat- was a steady parade of Senators com- right to change the public school sys- ter, to some extent, but those working ing in to meet her. tem of America. I think they did the in the private sector know it is a rare I asked her this morning. She said: I right thing for this Nation. company that publishes the paychecks have seen 61 Senators, and I have 6

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.062 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6700 CONGRESSIONAL RECORD — SENATE June 17, 2009 more today. She may break a record from all over the world into the United the Gods—the gateway to the Shawnee for actually meeting face to face with States and generate as much as $7 bil- National Forest, one of the prettier more Senators than most Supreme lion in tourist revenue. areas in our State. Court nominees. But regardless, she is This bill, by encouraging inter- Quincy, IL, features historic archi- doing her level best to introduce her- national tourism—the one before us— tecture and fun along the mighty Mis- self and to answer any questions Sen- will welcome international visitors to sissippi River. ators have. I think—and I told the our country, and it will demonstrate to We have our unusual tourist attrac- President when I saw him at an event the world that the United States is tions in Illinois as well. Near my old today—he has made an extraordinary open for visitors. That can only help hometown of East St. Louis, you can choice. improve the chances that the 2016 visit Collinsville and see the world’s Sonia Sotomayor was first selected Olympic games actually come to the largest catsup bottle or the two-story to serve on the Federal court—the dis- Windy City. outhouse in Gays, IL, or the home of trict court—by President George Her- Tourism and travel generate approxi- Superman, including a 15-foot Super- bert Walker Bush. She was then pro- mately $1.3 trillion in economic activ- man statue in Metropolis, IL, and a 6- moted by President Bill Clinton to a ity in the United States every year, in- foot Popeye statue in Chester, IL. A lot higher level court—the circuit court— cluding 8.3 million travel-related jobs. of photographs have been taken in Overseas visits to the United States, and now is being nominated for Su- front of the statue. preme Court service. She has more ex- unfortunately, are still being hampered by the specter and memory of 9/11. Every State has these historic, amaz- perience on the Federal bench than any ing places to visit and those curiosities nominee in 100 years, so she is going to That has cost the United States an es- timated $182 billion in lost spending by that bring people from all over the be no neophyte if she is fortunate United States and all over the world. enough to serve on the Court. tourists in our country and $27 billion in lost tax receipts in the last 8 years. Illinois offers the international vis- She is a woman with an extraor- itor a truly American experience. In dinary life story, having grown up in The current economic downturn is ex- pected to cost another 250,000 travel-re- fact, Illinois tourism adds $2.1 billion the Bronx in public housing. Her father to State and local tax coffers and sup- died when she was 9 years old. Her lated jobs just this year alone. So this bill addresses some of the ports more than 300,000 jobs annually. mother raised her and her younger problems underlying this downturn in In 2008, there were about 1.4 million bother, who ended up becoming a doc- overseas visitors. international visitors to my State. tor, incidentally. Through a public-private, nonprofit These travelers spent $2 billion in all She was encouraged to apply to Corporation for Travel Promotion, the sectors of the economy, from transpor- Princeton, which was a world she knew United States will coordinate its ef- tation, to lodging, to food service, to nothing about as a young Latino grow- forts to encourage international tour- entertainment. These international ing up in the Bronx, but she applied ism. visitors generated an additional $521 and was accepted. At the end of the 4- The new Office of Travel Promotion million in wages and salaries for Illi- year period, she graduated second in within the Department of Commerce nois residents. her class at Princeton. I do not believe will work to streamline entry proce- I encourage my colleagues to support Princeton University is an easy assign- dures, making travel to the United this bipartisan bill. I am sorry it was ment. I think it is a challenging as- States more welcoming and efficient. delayed today. There was no reason for signment. Clearly, she was up to it. The bill does all this while reducing that. We sat here idly today making She went on to graduate from Yale budget deficits by $425 million. In other wonderful speeches when we should Law School. She was involved in pros- words, this is one of the few bills we have been passing this bill. I hope we ecution. She was involved in working will consider that actually is going to get to it soon, and I hope, with passing in private law practice. She has an make money. Bringing more tourists it, we will help this economy get back amazing background in law, and I to the United States, generating more on its feet. think she would be an extraordinary tax revenue, is going to be to our eco- Mr. President, I see the Senator from member of the Supreme Court. nomic benefit and the benefit of our Ohio is in the Chamber. I have one last So Senator SESSIONS came earlier government. short statement I have to make. and talked about his philosophy and By setting up stronger entities to CONSUMER FINANCIAL PROTECTION AGENCY certainly expressed it very capably. I promote internationally the benefits of did not have any prepared remarks on visiting America, this bill certainly ad- Mr. President, today I went to the the subject. Although I disagree with vances Chicago’s chances to be awarded White House to hear President Obama him, I respect him very much, and I the 2016 Olympic games. announce a significant, sweeping hope at the end of the day we can do But the bill also offers an oppor- change in the regulation of financial the Senate proud and serve our Nation tunity to showcase internationally all services. It is the most important by giving her a fair and timely hearing. the other reasons to visit America, and change since the Great Depression. At Let’s not use a double standard on they are many. the heart of President Obama’s pro- this nominee. As chairman of the Sen- Even in my home State of Illinois, a posal is the creation of an independent ate Judiciary Committee, PATRICK lot of foreign travelers come to walk new agency. It is called the Consumer LEAHY has suggested a timely hearing the streets that Abraham Lincoln Financial Protection Agency. It is on her nomination. It is a hearing walked in Springfield, IL. Looking for going to put the interests of American within the same schedule of those who Lincoln highlights sites all across our families and consumers above the in- went before her, such as Chief Justice State, with a series of stories about the terests of a lot of businesses and banks. Roberts or Justice Alito. So if she is President’s life in 42 different counties I introduced a bill last year, and then given the same standard of fairness, of Illinois where his journeys took him. again this year, that would create that that hearing will go forward. I cer- The Abraham Lincoln Presidential same agency. It is an honor for me that tainly hope it does and think she will Museum in Springfield, IL, was a pet the President would pick up on this do well. project of mine I thought of about 18 idea and make it a major part of what TOURISM years ago and today is a reality. This he is doing. But before I take too much Mr. President, this bill we are consid- Abraham Lincoln Presidential Library credit for it, the idea really originated ering on the floor at this time could and Museum draws almost half a mil- with Elizabeth Warner. She is a pro- not come at a better time. On October lion tourists a year to Springfield, fessor at Harvard Law School who is 2, the International Olympic Com- many of them families with children one of the more creative, innovative mittee is going to select a site for the who leave with a better understanding people who advise us here on Capitol 2016 Olympic games. and a very enjoyable visit after seeing Hill. She realizes, as most of us do, I am proud to say that Chicago is one Lincoln’s life portrayed in very posi- that most consumers and customers of the final global candidates—one of tive terms. and businesses are at the mercy of a lot the final four in the world. Winning Saline County, IL, down in southern of regulations and a lot of fine print that bid would bring 6 million tourists Illinois, draws visitors to its Garden of that is almost impossible to follow, so

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.063 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6701 she suggested the creation of this agen- agency can make that sort of thing they concluded that she was aware of cy, and the President followed through clear to customers and consumers the unfair wage practices that she al- today. across America so that they have a leged long before the statute of limita- It is simple: an agency staffed by peo- fighting chance. They can avoid bad de- tions—long before—and that by the ple who wake up in the morning think- cisions that can be disastrous for their time she filed her complaint, it was ing about how to make consumer fi- personal finances. way too late. In fact, one of the key nancial transactions safer in America As Congress embarks on financial witnesses had already died. So it was and more understandable. It will mean regulatory reform, our improved regu- years after. So they concluded that. we are going to protect consumers latory system must focus not just on The Congress, fulfilling its proper from making mistakes and making de- safety and soundness of the providers role, was unhappy about it and has cisions that could be very damaging to of financial products but also on the passed a law that I think unwisely them economically. safety of the consumers of financial muddles the statute of limitations on Today, there are no fewer than 10 products. The Consumer Financial Pro- these kinds of cases dramatically, but Federal agencies with the responsi- tection Agency will do just that. it would give her a chance to be suc- bility for consumer protections from I yield the floor. cessful or another person in that cir- predatory or deceptive financial prod- Mr. SESSIONS. Mr. President, I see cumstance to be successful. ucts to a variety of other areas, but my colleague from Ohio is here. I am So this wasn’t a conservative activist none of them—not one of them—has wondering if we are in an alternating decision; it was a fact-based analysis oversight as its primary objective. situation. I wish to speak for about 5 by the Supreme Court by which they That is going to change with President minutes. Would that be all right? concluded that she waited too long to Obama’s bill. This agency will encour- Mr. BROWN. That is fine. bring the lawsuit, and it was barred. age innovation that benefits consumers The PRESIDING OFFICER. The Sen- Congress, thinking that was not good, rather than innovation that benefits ator from Alabama. passed a law that changed the statute those who are going to make a profit SUPREME COURT RULINGS of limitations so more people would be off of those same consumers. There is a Mr. SESSIONS. Mr. President, my able to prevail. It is not wrong for the large coalition of consumer advocacy colleague from Illinois, Senator DUR- Court to strike down bad laws. groups supporting this concept. I look BIN, is such a fine lawyer and an excel- We just had a little to-do with Attor- forward to working with Chairman lent Senator. I would respectfully talk ney General Holder today in the Judi- DODD and the Banking Committee to about some of the ideas he suggested. ciary Committee in which the Office of see that this agency becomes a reality. One, he raised the question about the Legal Counsel of the Department of It won’t be an easy task, but it is a per- case of Brown v. Board of Education Justice had written an opinion that he fect followup to our Credit Card Re- where the Court held that separate was kept down and has still kept it hidden form Act. not equal, and that somehow this is a that declared that the legislation we We need to be more sensitive to con- justification for a judge setting policy. passed to give the District of Colum- sumers in America struggling in this He thought it wasn’t good policy. I bia—not a State but a district—a U.S. economy to make sure they have pro- would see it differently. I would say Congressman was unconstitutional. He tection. One illustration tells it all. Brown v. Board of Education was the didn’t want that out since he and the There was a prepayment penalty that Supreme Court saying that the Con- President supported giving a Congress- was folded into a lot of these subprime stitution of the United States guaran- man to the District of Columbia. But I mortgages. If you have been to a real tees every American equal protection think that case is going up to the Su- estate closing on your home, you know of the laws. They found that in seg- preme Court, and I would expect it will they stack up papers on a table in front regated schools, some people were told come back like a rubber ball off that of you and they turn the corners and they must go to this school solely be- wall because I don’t think that was they say: Keep signing, and eventually cause of their race, some people must constitutional. And I don’t believe that you will get out of here. go to this school solely because of their is activism or an abuse of power; it is You may slow them down and say: race, and that, in fact, it wasn’t equal. simply a plain reading of the Constitu- What am I signing? So there are several constitutional tion. They will say: It is standard. It is issues plainly there, and I don’t think If the Congress passes laws in viola- boilerplate. It is a government require- that was an activist policymaking de- tion of the Constitution, they should ment. Keep signing. cision. I think the Supreme Court cor- be struck down. There is nothing wrong Sign and sign and sign, 20, 30, 40 rectly concluded that these separate with that if the Court is doing it in an times, and then you get the check, schools in which a person was man- objective, fair way, not allowing their hand it back to the bank, and you go dated to go to one or the other based personal, emotional, political, cultural, home with the keys in hand. That has on their race violated the equal protec- or other biases to enter into the mat- happened to me a few times with my tion clause of the United States, and, ter. wife. I am a lawyer. Did I read every in effect, they also found it wasn’t So I think we are going to have a page? No. equal, which they were correct in great discussion about the Supreme Well, it turned out that the mort- doing. gages that were sold for a long period With regard to the Lilly Ledbetter Court and our Federal courts. I look forward to it. of time in America had a prepayment case, Senator DURBIN and my Demo- penalty. So if you got into a bad mort- cratic colleagues during the last cam- I really appreciate Senator DURBIN. gage and decided, man, that interest paign and during the last several years He is a superb lawyer. If I were in trou- rate is too high; I can’t keep making have talked about this case a lot. I ble, I would like to have him defending payments, so I am going to the bank would just say that everybody knows it me. next door where I can get a lower inter- is a universal rule that whenever a I thank the Chair, and I yield the est rate, they would say: Sorry to tell wrong is inflicted upon an individual, floor. you this, but to pay off your old mort- they have a certain time within which HEALTH CARE REFORM gage, there is a penalty that is pretty to file their claim. It is called the stat- Mr. BROWN. Mr. President, across steep. And you say: Well, I didn’t know ute of limitations. If you don’t file it the street today, in the so-called Sen- that. Well, you missed it. You missed it within the time allowed by law, then ate Caucus Room—a room which, next in that stack of papers. That prepay- you are barred from filing that lawsuit. to this Chamber, is perhaps the most ment penalty sentenced thousands of It happens all over America in cases famous room in the Senate; a room American homeowners to be stuck with throughout the country. where the McCarthy hearings, the Mac- subprime mortgages that were unfair The U.S. Supreme Court heard the Arthur hearings, the Watergate hear- and eventually led to foreclosure. Why evidence, and it was argued in the U.S. ings, and the hearings for the Supreme wasn’t there someone to warn that cus- Supreme Court. This one lady, Lilly Court nominees during the confirma- tomer, that person borrowing for their Ledbetter, took her case all the way to tion process have been held. It is the home? This agency can do that. This the Supreme Court. They heard it, and room where Senator John F. Kennedy

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.069 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6702 CONGRESSIONAL RECORD — SENATE June 17, 2009 announced his campaign for the Presi- the outcomes in the United States— She recently traded that plan—the dency in 1960. It is the room where Sen- health outcomes—to the outcomes in $27,000 a year plan, at $2,500 a month, ator Robert F. Kennedy, whose desk at other countries in the world. We rank, almost—for a bare-bones policy that which I sit, announced his candidacy in terms of infant mortality, maternal costs only $15,000 a year, but doesn’t for President in March of 1968. It is the mortality, diabetes, child obesity, cover prescription drugs and has a room where today we are beginning to and immunization rates—amazingly $5,000 deductible. Before she gets $1 of mark up the health care legislation enough, even though we spend twice as care paid for by insurance companies, that is the most important thing I much as everybody, we rank almost at she is paying $15,000 for premiums and have worked on in my, I guess, 17 years the bottom among the rich countries in a $5,000 deductible. So she already has in Washington. It is probably the most the world on all of those things. There paid $20,000 before the insurance com- important bill, with the exception of is one statistic where we rank near the pany comes in and helps her. She war and peace issues, this Congress has top, and that is life expectancy at 65. writes, ‘‘This is not what insurance is worked on in a long time. So these pages sitting in front of me, supposed to be about.’’ This Congress has been trying for five decades from now when they turn The bill before us today will take a many years, as have been Presidents, 65—we are going to change the system number of steps to ensure that Ameri- to pass legislation to reform our health before then, but people who are 65 in cans do not meet the same fate as Ann care system. this country have a longer, healthier and her family. In 1945, Harry Truman spoke before a life in front of them than almost all For one, it provides for better regula- joint session of Congress down the hall other countries in the world. That is tion of the health insurance industry. in the House of Representatives and because we have Medicare, and Medi- This insurance industry, in some ways, said: care works, pure and simple. is one step ahead of the sheriff. It is an Millions of our citizens do not now have a Today, some 65 years after Harry industry that always tries to figure out full measure of opportunity to achieve and Truman made the speech to the joint how to beat the system and how to in- enjoy good health. Millions do not now have session I mentioned, we are still wait- sure you because you are healthy; they protection or security against the economic ing for a health care system that deliv- can make money on you, but they may effects of sickness. The time has arrived for ers on the promise of affordability and exclude you because you are not so action to help them attain that opportunity quality health coverage for all. healthy and they might lose money. and that protection. We are waiting for reforms that No longer will we allow insurance That was 1945. That was President lower costs for businesses and families companies to play that game. We will Harry Truman. buckling under the weight of ever ban preexisting condition exclusions A dozen years before, President Roo- climbing premiums. and prevent insurance companies from sevelt made a momentous decision. We are waiting for reforms that fos- denying coverage based on medical his- President Roosevelt decided, in large ter competition in the insurance mar- tory. We will eliminate annual and life- part because of his fear of the power of ket and give Americans better choices, time benefit caps. No longer will insur- the American Medical Association, to including a public health insurance op- ance companies be able to selectively not include health care in the Social tion. cover only those who pose little or no Security legislation, in the bill to cre- We are still waiting for reforms that risk of needing health care, leaving ev- ate Social Security, because President bring accountability to the system, en- erybody else in a lurch. Health insurers Roosevelt actually believed Social Se- suring that our patients in this coun- are not supposed to avoid health care curity meant a pension and health try get the highest quality care in the costs; they are supposed to cover them. care. world. Second, this reform will extend the But he thought the power of the doc- We are waiting, in other words, for reach of our health care system to pro- tors’ lobby would keep him from being reforms that fix what is broken and tect those with no health insurance successful, so he moved forward in the keep what is working. That wait is today. creation of Social Security. Who knows nearly over. Today is a historic time. Let me tell you about Jaclyn. She if that was the right decision then, but That wait, since 1932 when FDR de- used to work at a child care center, but it certainly brought us a program that cided not to include it in the Social Se- her employer didn’t offer health care has mattered in the lives of our par- curity law, to 1945 when President Tru- benefits, which is not surprising. When ents, grandparents, and great-grand- man spoke to a joint session, to 1965 she discovered a lump in her left parents. Harry Truman was not able to when President Johnson was able to breast, she had nowhere to turn. She accomplish Medicare or any other sig- push through Congress with a heavily tried the State Medicaid Program, but nificant health care reform in his 7 Democratic House and Senate, as the despite having an income in 2006 of years or so as President. overwhelming number of Republicans only $4,500, she did not qualify. She had Fast forward to July 1965. President opposed it, the creation of Medicare, to no dependents at that point. Her Johnson passed legislation creating today, we are finally at the historic daughter was grown. She started chem- Medicare. But leading up to that legis- moment. The wait is nearly over when otherapy last year, but doesn’t know lation, again, it was the American we are going to have real health insur- how she will pay her bills. Medical Association—the most con- ance reform. It is not a moment too This bill would expand Medicaid and servative members, because I know a soon for many Ohioans, who are one ill- offer premium subsidies to those who lot of doctors who wanted to see us ness away from financial catastrophe. need help. This bill would increase move forward, including my father, For example, take Ann from Dayton, competition in the health insurance who was a general practitioner for al- a community in southwest Ohio. She market by establishing a federally most 50 years. He died at 89 in 2000. wrote to me last year. In the past 51⁄2 backed health coverage option for Some in the AMA, in 1965, regarding years, she has paid almost $130,000 in those who want it. the creation of Medicare, called it so- health care bills. How can this be? Was There is nothing like good old-fash- cialized medicine, and said it was too she uninsured? No. When her illness ioned competition to reduce premiums, expensive and it would lead to run- struck, she was a partner in a law firm improve customer service, and keep away, rampant socialism—the same ar- and had good insurance. But once she the health insurance on its toes. guments they used in the 1930s, and the became too sick to work, she lost her Not surprisingly, the health insur- same arguments some are now using coverage and was forced to fend for ance lobby has launched a massive about the public plan option in this herself. campaign to prevent inclusion of a pub- health care legislation today. She and her family of four went on lic health insurance option with which People obviously know that Medi- COBRA for as long as they could, and they would have to compete. care, since 1965—coming up on 44 then they paid $27,000 a year for insur- I guess competition is a good thing, years—has worked for the American ance on the individual market, where unless they are the ones who have to public. Here is the best illustration of medical underwriting runs rampant. compete. If you have a public option, why Medicare works. There have been That is where the administrative costs insurance companies—the President many studies over the years comparing run 30, 35, even 40 percent. says repeatedly that the whole point of

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.070 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6703 an option is that the public plan will provements that help Americans with ployers, individuals, and government. compete with a private plan, which will chronic conditions manage those con- Third, we need to make sure that ev- keep the private plans more honest. We ditions, that can dramatically reduce erybody in this country has access to have done that with student loans. Fif- medical errors and overcome unjustifi- health care. teen years ago, the only game in town able disparities in health care out- I yield the floor, and I suggest the ab- for students, by and large, if they comes. sence of a quorum. wanted to borrow money for college, These reforms draw insight and inspi- The PRESIDING OFFICER. The was to go to a local bank, or another ration from the work already being clerk will call the roll. service, which were all private and un- done by dedicated individuals within The assistant legislative clerk pro- regulated. President Clinton, in the our health care system—individuals ceeded to call the roll. mid-1990s, decided maybe we should such as Dr. Derek Raghavan, who heads Mr. GREGG. Mr. President, I ask have a direct government program so the Taussig Cancer Center at the unanimous consent that the order for students could borrow directly from Cleveland Clinic. He has devoted him- the quorum call be rescinded. the Federal Government. Do you know self to reducing health disparities. In The PRESIDING OFFICER. Without what happened? The banks brought Cleveland, he has been instrumental in objection, it is so ordered. their interest rates down. The banks combating significant differences in Mr. GREGG. Mr. President, I ask started to provide better service. The cancer death rates between African unanimous consent to speak as in banks behaved better. That is analo- Americans and Caucasian Americans. morning business. gous to what we will see with the pub- Dr. Peter Pronovost from Johns Hop- The PRESIDING OFFICER. Without lic plan. kins has a simple checklist for pre- objection, it is so ordered. The conservatives in this body, who venting hospital infections, which THE ECONOMY are major recipients of insurance com- saved 1,500 lives and $100 million over Mr. GREGG. Mr. President, we are, pany money for their campaigns, whose an 18-month period in the Detroit area as a nation, facing an incredibly severe philosophies are always that business hospitals in Michigan. fiscal situation, not only in the short can do it better, the people who have In Mansfield, my hometown, the term but in the long term. The debt of aligned their political careers with the community health workers—just high this country is piling up at astronom- insurance industry all oppose the pub- school graduates, and some with only ical rates. We will, this year, have a lic option, the public plan. Why? It is GED, high school equivalency studies, deficit that comes close to $2 trillion— simple. It is because insurance compa- young women in their early twenties $2 trillion—or 28 percent of our gross nies will have to cut down their admin- mostly, making only $11 or $12 an national product. We are talking about istrative costs, maybe even pay lower hour—working with local health care a deficit next year of well over $1 tril- salaries to their top executives. Maybe authorities and doctors and nurses, re- lion. Under the budget sent to us by they will have to change their mar- duced the prevalence of low birth the President and approved by this keting practices, be less wasteful, and weight babies from 22 percent to 8 per- Congress—not with my support or maybe they will behave a little better. cent over 3 years. These young women many Republicans—I don’t think any In that case, the public option was are only 5 or 6 years older than the Republicans supported it—the deficit competing with private banks, and ev- pages in front of me. They don’t have will run at $1 trillion a year for as far erybody got better. A public health in- the opportunities that most of the as the eye can see. surance option competing with the pri- pages have. These are young women The debt of this country will double vate insurance companies will make who don’t have parents who went to in 5 years. It will triple in 10 years. everybody get better. That is the whole college, who probably weren’t planning Deficits are running at 4 to 5 percent of point. on going to college, and are only mak- GDP—not only immediately after we With private insurance competition, ing $11 or $12 an hour—young women get past this recessionary period—for, when it is just the insurance companies who grow up in some of the poorest again, the next 10 years. And the debt- competing with each other, funny parts of Mansfield. They have already to-GDP ratio, which is a test of how things tend to happen. We see huge sal- saved lives because they have made a viable a nation is, will jump to 80 per- aries and, second, a huge bureaucracy difference in helping pregnant women cent. in the insurance companies and, third, get the nutrition they should have, to Those are numbers which are not sus- we see all kinds of marketing cam- learn about taking care of babies, learn tainable. Everybody admits they are paigns, and we see huge overhead and about pregnancy, and they can come in not sustainable. In fact, they are num- administrative costs—sometimes up to to see an OB/GYN doctor. They have al- bers that are so devastatingly large 35, 40 percent. ready had an impact on many lives. I and so unmanageable for our Nation We also see that the term ‘‘private bet that in 5 or 10 years some of these that were we trying to get into the Eu- insurance competition’’ is often simply young women who didn’t have much of rope Union, we wouldn’t be allowed in. an oxymoron. In Ohio, the two largest a future because of their upbringing That is how irresponsible our deficit insurance companies account for 58 will become doctors and nurses because and our debt is. They are numbers percent of the market. I am not a law- they have had this experience of mak- which will lead us as a nation to lose yer, so I didn’t take the antitrust ing a difference. the value of our dollar—the value of course. I didn’t go to law school. When Those are some of what is going on in our currency—and our ability to fi- you have two companies that have 58 this country. If we do it right, we can nance our debt. In fact, we are already percent of the market, that is not com- take this program in Mansfield and seeing signs to that effect. The leader- petition. In some Ohio cities—as I as- replicate it and see it all over the Na- ship of the Chinese financial systems sume it is in the Presiding Officer’s tion. have made a number of statements State of Illinois—the two largest insur- This bill will also address serious which basically have said they would ance companies account for 89 percent workforce shortages that exist across not necessarily forever rely on Amer- of the market. That is not exactly the spectrum—from nurses, to pedi- ican Treasury notes and purchase our healthy competition. If we bring in a atric specialists, to dental care pro- notes. And they are financing us right public option and compete with these viders, to primary care physicians. now. two companies, their rates would come We have a lot of work to do. I am op- The country of Great Britain, which down and salaries for top executives timistic that we can pass good health is considered to be the second most sta- would come down. There would be no care reform in this country. We know ble country in the world, has received a more multimillion-dollar salaries, and that the first rule of thumb is to make notice from Standard & Poor’s that its administrative costs would be cut. sure that if people are happy with the debt will not necessarily be down- They would be leaner and meaner, a insurance plan they are in, they can graded, but it is being taken to nega- better insurance company as a result. keep it. Second, we have to do a better tive status. Finally, this bill gives providers new job of reining in the costs to many peo- A leading economist and reviewer of tools to improve the way health care is ple in the health care system—employ- the bond issues of the United States, as delivered in this country, with im- ers and individual businesses—the em- recently as today, has announced that

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.071 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6704 CONGRESSIONAL RECORD — SENATE June 17, 2009 our triple A rating—triple-A-plus rat- money. The other option is the Treas- that he stated that and he had standing ing, which is the best in the world—is ury can simply hold on to it in antici- behind him the Democratic leadership at risk because of this massive explo- pation of, potentially, another crisis. of this Congress when he said that. sion in debt. But that is not necessary. The Treas- Ironically, on the same day, I believe, To quote Senator CONRAD, the chair- ury still has a line of credit under the House of Representatives passed a man of the Budget Committee—a per- TARP which reaches $50 billion to $75 bill which increased spending by $1 bil- son I greatly admire on issues of fiscal billion, depending on how you account lion which had nothing to do with the policy—the debt is the threat, and it is. for it. war, which was not paid for. Therefore, It is a threat to our Nation, it is a We know the risks out in the market- it did not meet pay-go but instead cre- threat to our young people because place right now are nowhere near that ated a debt our children will have to they will inherit this massive obliga- number, and they are certainly not pay. They stuck that legislation in the tion to pay for costs which are being systemic. Therefore, these TARP dol- war fighting bill so it could not be expended today. lars are not needed. They are not need- amended and paid for or amended and There are a lot of reasons why the ed right now or in the foreseeable fu- improved. It is called the Cash for debt is going up radically. Primarily, ture for the purposes of maintaining fi- Clunkers, and it is a clunker of a bill though, it is spending. It is quite sim- nancial stability and avoiding a sys- because it passes on to our children a ply spending. The spending of the Fed- temic meltdown. So it is totally appro- $1 billion price. It is $1 billion of new eral Government will jump from the priate that all that money be used to debt. traditional level of about 20 percent of pay down the debt, or at least a signifi- Why would we do that? Cash for GDP, which it has been at now for 40 cant portion. Clunkers may be a program that is years, to 25 to 26 percent of GDP under It would be an extraordinarily posi- good. Maybe it is a reasonable idea to President Obama’s proposal. tive statement by this administration pay for old cars to get them off the In the short run, obviously, revenues if they said to the markets and to the road, to put new cars on the road, hope- are a factor because we are in a reces- American people: The responsible thing fully to increase mileage of the auto sionary period. But in the long run, to do is to take this money and pay fleet and also to stimulate the econ- what is driving the deficit, what is down the debt. I think the market omy. That may be a good idea, but it is driving this massive increase of debt, would react positively immediately. not a good idea to not pay for that. We which will be unsustainable, is spend- They would say we are serious. I think have already spent $740 billion on the ing. the American people would react posi- stimulus package, unpaid for. We have Well, the Congress has a chance, in tively immediately too. It would be a spent $83 billion on the automobile the next couple days, to do a small but huge win for this President—the policy buyouts, on the automobile bailout— significant part in the way of a public worked. This President and the prior unpaid for. Now to put this extra $1 bil- statement and in the way of a state- President, President Bush and Presi- lion on top of all that just adds insult ment of policy that we are concerned dent Obama, had the courage to step up to injury to the next generation and about the debt. We have a chance to do in the face of fairly significant our children’s children who will have something. This administration has a headwinds and make the decision to to pay the price for this. Why should chance to do something. As of today, use the TARP money in this way. Now our children and our grandchildren five banks have repaid large amounts it has worked, they should use it to pay have to pay the bill for us paying $3,500 of their TARP funds. It is estimated we down the debt and get the double win to somebody to buy their car today? are going to get about $65 billion of of having been able to say what we did How fiscally irresponsible is that? It is TARP payments back. was good policy, it was not popular pol- especially fiscally irresponsible when In other words, the way the TARP icy but it was good policy, it worked to you realize it is done in the context worked during the crisis, which almost stabilize the financial institutions, and and on the same day, I believe, as the led to a fiscal meltdown—the govern- what we are doing now to pay down the President announcing that we are ment stepped forward and purchased debt is also good policy and it is what going to go back to pay-go principles preferred stock from a variety of major the law calls for in the end. around here where we actually pay for banks in this country. That preferred That is the first thing that could new programs we put on the books. But stock paid dividends to the taxpayers. happen right now, and it should hap- in order to avoid that, in order to avoid It was an asset, and it was a good deci- pen. This money that was paid in today what they had just signed onto, the sion. It stabilized the financial indus- to the Treasury should be used imme- congressional Democratic leadership try. The TARP funds kept us from diately to pay down the debt, and that down at the White House, standing be- going over the precipice, kept us from should be announced by the Treasury— hind the President and cheering when an economic meltdown of catastrophic or if I were President, I would an- he said we are going back to pay-go, proportions, and saved Main Street. nounce it myself; it is pretty good stuck this language in the war supple- People on Main Street probably don’t news. So that is a step in the right di- mental. appreciate it that much, but essen- rection. Granted, on a $2 trillion def- That is an insult to our troops. In tially that decision saved folks’ homes, icit, it is not massive, but it is a state- order to fund our troops, they have to their ability to borrow, to go to school, ment, and a statement is important at take along with them $1 billion of new their ability to borrow to start their this time. And you know, $68 billion is debt, passed on to their children. Many business, to meet their payroll, and ba- a lot of money anyway, so it would be of these extraordinary people who are sically operate as a typical economy. a good decision. fighting for us have children. Is it right The idea always was that the TARP The second thing we should do, and that in order to get them the adequate money would come back to the Federal we can do, is not allow the war supple- resources they need to fight this war, Treasury, the $700 billion worth of mental—which is an important piece of we should send their children a bill for TARP money that was authorized legislation needed to fund our troops— $1 billion so we get a public policy that would come back after the financial to be used as a passenger train for un- we can go back to our automobile deal- situation stabilized. Well, now we are funded baggage which will pass debt on ers with and say: Hurray, we got you starting to see it come back in the first to our children on extraneous issues. this $1 billion of spending. Of course tranche—$65 billion plus about $4.5 bil- That is what it is being used for. not. That is not right, it is not fair, it lion of interest. That is pretty good. Last week, the President held a press is not appropriate. We made $4.5 billion in interest—in less conference at the White House sur- Okay, Cash for Clunkers may make than 4 months, by the way. The tax- rounded by the Democratic leadership sense if it is paid for. The way it was payers did pretty well on this. of the Congress, and he said we are structured, it cannot be paid for. You So what are we going to do with that going to return to pay-go, we are going cannot amend this bill in its present money? Well, I suggest—and the law to require that new programs be paid form, and therefore, if it passes with actually states—what should be done for. I applaud that as an attitude and the Cash for Clunkers in it, a $1 billion with that money. We should pay down approach. It has not been followed price tag in it, we basically pass that the debt. That is a good way to use this around here, but I applaud the fact debt on to our children.

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.073 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6705 I will at the appropriate time offer an provision, in this very large bill. I hope every week for your employees. It is amendment which will essentially be a that when there is an effort to waive pretty tough to do that. pay-go amendment. It will be a point of all the budget points of order, col- Around the world, we have seen ef- order that says essentially—it will not leagues will support doing that while forts to help automakers, to help auto be under pay-go because if I did that it remembering thousands of small dealers, to help communities, to help might bring the whole bill down and I businesspeople across this country who middle-class consumers and those who have no interest in bringing the whole are asking that we support them at want to be able to purchase a vehicle bill down—it will be a targeted point of this time of real crisis as it relates to to be able to do that. order which will essentially be a pay-go automobile sales, not just in the Our dealers, on average, employ 53 point of order. Anybody voting against United States but all across the world. people each, over 116,000 people di- this point of order will be voting We have a global crisis right now. We rectly. That is the entire combined against pay-go, which will say this lan- know in our credit markets it has re- workforce of GM and Chrysler to- guage, which is unpaid for, this $1 bil- sulted in people not being able to come gether. We are talking about a large lion, should not stay in this bill in this in and buy an automobile. It is com- number of people who have come in a form. Does that mean this bill goes pounded by the huge losses in jobs that number of ways to ask us to help them. down? No. You will hear a lot of moan- we have seen where people cannot af- This is one opportunity. This is it. This ing going around saying this will de- ford to come in and buy a new auto- is what is in front of us. stroy the bill. No, it will not. This bill mobile. We know how hard it is to move leg- can be sent back to the House and My colleague spoke about small but islation through the House and the passed without the Cash for Clunkers symbolic measures. I would hope that Senate. We are the last place, the last language in it, unpaid for, or it could our colleagues, who I know care deeply vote standing between helping the be sent back to the House and they can about dealers—we have heard this from dealers of America and turning our put back in the Cash for Clunkers lan- Republican and Democratic colleagues; backs on them. This is the last vote. guage, paid for. It can all happen with- we have had bills held up on the floor This is the one vote as to whether we in about a 6-hour day, 6-hour legisla- to work on efforts that I was proud to are going to be able to step forward and tive day, maybe even less. Maybe even join in helping our auto dealers. be able to help them. a half hour, knowing the rapidity of I would certainly hope that col- leagues would not decide for sym- Every other industrialized country, the Rules Committee in the House. small and large, understands what has It seems this will be one of the first bolism to focus on what is less than 1 percent of this supplemental—less than been happening, and they are fighting tests of whether we as a Congress mean for their middle class. They are fight- what we say. Do we mean that when we 1 percent of the supplemental—focused on helping America’s auto dealers at ing for their jobs. They are looking for say we are not going to create a new every class they can to help. program that we are not going to pay this critical time. In terms of this sup- The question is, Will we? Germany for, we actually will stand behind those plemental, it is a very small amount of began a program similar to the one words? This should be an easy one for money. It has received a lot of focus that we are talking about that is fund- us because this plan can be paid for from a lot of concerns, which I appre- ed through this bill in January. By the rather easily by moving money around ciate, on how things are written or how end of the first month, sales were up 21 in the original stimulus package. It is colleagues would do things differently. percent, 21 percent. That is money in fairly obvious this plan should not be I appreciate that. the pockets of small businesses and in the war supplemental to begin with, But the reality is we are in a crisis, large dealerships. Across Germany it but if it is going to be in the war sup- not just in my State but all across the was so successful they extended it and plemental, it should not be in the form country and, frankly, around the world had sales continue to go up as a result. that passes massive debt on to our chil- when we look at what has been hap- When our auto sales were going down dren. It is a chance to make a $1 billion pening to small businesses and commu- 41 percent, Germany’s—during the statement that we are going to start nities across America. I know what same period—went up 21 percent be- getting serious about the debt around this feels like. My father and grand- cause they said: You know what. We here. father had the Oldsmobile dealership in I hope I will be joined in this point of the small town where I grew up in have to stop the bottom from falling order by my colleagues who are inter- northern Michigan. When I grew up, out of this. It is too important for our ested in the integrity of the pay-go the first job I had was washing cars on economy. We want to do something process and in not passing on to our the car lot. I know what has happened about it. And they did. Now similar kids a $1 billion bill they do not de- to small businesses across America programs exist in a number of coun- serve. right now that have played by the rules tries: China, Japan, Korea, Brazil, I make a point of order that a and, through no fault of their own, find Great Britain, Spain, France, Italy, quorum is not present and yield the themselves in a very difficult cir- Australia, Portugal, Romania, and Slo- floor. cumstance. vakia—Slovakia. If Slovakia can help The PRESIDING OFFICER. The We have a small provision that has their auto industry and their car deal- clerk will call the roll. been given a lot of different names. One ers, I think the United States of Amer- The bill clerk proceeded to call the version of it has been called cash for ica ought to be able to step up and roll. clunkers. It is based on a bill on which help. Ms. STABENOW. Mr. President, I ask I was proud to join with House Mem- This is a small effort, a few months, unanimous consent that the order for bers that is called Drive America For- to give a boost, a stimulus, to a group the quorum call be rescinded. ward. But it would incentivize people of small businesses, an industry that The PRESIDING OFFICER (Mr. BEN- to go into these small dealerships has been talked about on the floor NET). Without objection, it is so or- across America and give them an op- many times and that we need to care dered. portunity, an incentive, or support to about. This particular program is not Ms. STABENOW. I ask unanimous be able to buy a new car. only supported by Ford and domestic consent to speak as in morning busi- Why is this important? Well, we have auto companies, but it is also, of ness. seen from January to May of this year, course, supported by the National Auto The PRESIDING OFFICER. Without compared to January to May of last Dealers very strongly, the United Auto objection, it is so ordered. year, across-the-board reductions in Workers, the National Association of CASH FOR CLUNKERS auto sales: 41.8 percent for GM; 39 per- Manufacturers, the Steel Workers, the Ms. STABENOW. Mr. President, I cent for Toyota; 36.8 for Ford; Chrysler, Automotive Recyclers Association, the come to the floor to respond to my 46.3 percent; Honda, 34.4 percent. It is Specialty Equipment Market Associa- friend, the distinguished ranking mem- pretty rough if you are an auto dealer tion, the Motor and Equipment Manu- ber on the Budget Committee, who just and you see your sales going down facturers Association, the AFL–CIO, spoke a moment ago about the supple- month after month—30 percent, 40 per- the Business Roundtable, and the U.S. mental and one provision, a very small cent—to be able to make the payroll Chamber of Commerce.

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.074 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6706 CONGRESSIONAL RECORD — SENATE June 17, 2009 All have come together to ask us to to increase fuel efficiency. We do and ler dealer and the GM dealer trying to do something and to support this ef- we are. We will continue to do that. turn over inventory now as they wind fort. We are now at a point where we This bill, while being a short-term down. I don’t know what happens. But have to decide if we want to help. It is stimulus, also helps in that regard be- I do know we will see more dealerships not just about the automakers. You cause it will give a voucher of either close. We will see more people lose know, we know that help—and a lot of $3,500 or $4,500 toward the purchase of a their jobs. We are going to see more it—is going to GM and Chrysler, and new, more fuel-efficient vehicle. mainstays of local communities find- those of us who represent them appre- When you look at your own home sit- ing they cannot make it. ciate that very much. But this is much uation, anyone who is going to want to This is the moment. We won’t get an- broader than that. This is all kinds of be a part of this is going to make sure other chance. We will not get another dealers, all kinds of automakers. Not their car, that automobile, is worth chance. This is the moment to help. We only those who work in the plants, $3,500 or less or $4,500 or less. Someone have other opportunities to work to- whom I care about deeply, but it is peo- is not going to turn in a $15,000 used ve- gether on other policies. I say to my ple who work in offices, the engineers, hicle to get a $4,500 voucher. colleagues on both sides of the aisle, the designers. This is an economic tsu- So, by definition, we are talking for all of the dealers who have been nami that has hit every part of the about older cars. Some people have calling and asking for help, this is the economy when we look at this entire said ‘‘clunkers,’’ and people have kind moment. This is the vote. There won’t industry: the clerks, the office man- of thrown that around, and ‘‘what does be a second vote. So when you go agers, the sales people, the mechanics, all of this mean’’? home, think about what you want to the car washers, up and down. But we are not talking about a $50,000 say to the small business people, the The global credit crunch has had a vehicle with a resale value of $20,000 or auto dealers, office managers, mechan- devastating effect on everyone in our $15,000. We are talking about older ve- ics, people who are involved in that economy who relies on the sale of auto- hicles that are worth $4,500 or less. business in your community, when you mobiles: Printers, advertisers, local The legislation requires, as has been had a chance to help. I hope we will newspapers, television stations, radio done in other countries, when you turn take it. I hope we will take it as the stations. They are all asking us to act. it in, that the engine is scrapped, the House did. I hope we will see over- This is a reasonable, focused, short- parts of it that we do not want to con- whelming bipartisan support, as we term effort to help those who have tinue to use—because of the lack of saw in the House of Representatives for been having an extremely difficult fuel efficiency—are scrapped. We can this particular policy. time just holding their heads above recycle some of the other parts, but the I strongly urge colleagues to vote to water. We know this effort can make a basic transmission system is scrapped. override the budget points of order. All difference. So we are talking about older vehi- of them will be asked to be overridden. I thank our House colleagues who cles worth $4,500 or less, the polluting I encourage colleagues to do that. I have done a tremendous amount of pieces of the automobile are scrapped, hope we will show that we get it. Do we work on this matter. I want to thank and then we are talking about the abil- get what is going on in communities Congressmen MARKEY and WAXMAN and ity to purchase a vehicle that is more across America? This vote will say STUPAK and DINGELL and BOUCHER and fuel efficient. In the case of auto- whether we get what is happening and others who were involved in putting mobiles, you need a minimum fuel have a sense of urgency about stepping this together and putting it into the economy of 22 miles per gallon or more, up to help. energy and climate change legislation you get a $3,500 voucher for a 4-mile- I suggest the absence of a quorum. reported out of the Energy Committee per-gallon improvement, and a $4,500 The PRESIDING OFFICER. The in the House of Representatives. voucher if the new vehicle you pur- clerk will call the roll. I thank every one of the 298 Members chase is 10 miles per gallon or more The legislative clerk proceeded to of the House on a bipartisan basis. Over fuel efficient. call the roll. two-thirds of the House of Representa- So there is a benefit from a fuel effi- Mr. REID. Mr. President, I ask unan- tives voted for this legislation, and it ciency standpoint. There is benefit. I imous consent that the order for the was put into the supplemental in an appreciate that for some it is not quorum call be rescinded. emergency document, an emergency enough. I do appreciate that. There are The PRESIDING OFFICER (Mr. piece of legislation. It was put in there those who would like to see something BEGICH). Without objection, it is so or- because of what has happened with the different, and certainly we will have dered. bottom falling out of the economy for opportunities to continue to work to- dealers, dealers that have found them- gether in that regard. f selves in very difficult circumstances But I go back to my original premise. TRAVEL PROMOTION ACT OF 2009 because of bankruptcies, and dealers At this time, in our economy, at this Mr. REID. Mr. President, it is my un- that are trying to move forward and time with what has been happening on derstanding there is a bill to be re- trying to be able to survive during this unemployment, what has been hap- ported, Mr. President. economy. pening to businesses, large and small, The PRESIDING OFFICER. That is I know there are colleagues who because they cannot get capital, be- correct. would like to see this have more en- cause of the ripple effect in the auto in- All postcloture time on the motion ergy efficiency provisions. I believe in dustry, of what is happening to sup- to proceed having expired, the question the context of what we do going for- pliers, to dealers, to anyone involved in is on agreeing to the motion. ward in the energy bill and climate this industry—and 1 out of every 10 The motion was agreed to. change we can work together to fash- persons in America is in some way re- The PRESIDING OFFICER. The ion something that has a focus, an lated to the auto industry—at this clerk will state the bill by title. input, from everyone who cares deeply time we need to be prudent and balance The assistant legislative clerk read about these issues. what we are doing in a way that makes as follows: At this time and place, this legisla- sure that all parts of the auto industry, tion is a balance between those of us A bill (S. 1023) to establish a non-profit domestic and foreign, can participate corporation to communicate United States who are concerned about an immediate and that we are doing this as quickly entry policies and otherwise promote leisure, stimulus while meeting the needs and as possible. It will not help as a stim- business, and scholarly travel to the United concerns about increased fuel effi- ulus if this is done 6 months or a year States, which had been reported from the ciency. We are making amazing strides from now. Committee on Commerce, Science, and on fuel efficiency. The President of the I don’t know how much longer the Transportation, with amendments, as fol- United States, not long ago, announced car dealers in Clare, MI, where I grew lows: increased fuel efficiency standards. No up, can hold on, if they are losing 40 (The parts of the bill intended to be one in the industry objected. I did not percent a month in sales. I don’t know stricken are shown in boldface brack- hear objections. I certainly did not ob- how much longer they can hold on. I ets, and the parts of the bill intended ject. This is not about whether we need don’t know what happens to the Chrys- to be inserted are shown in italics.)

VerDate Nov 24 2008 04:48 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.075 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6707

Be it enacted by the Senate and House of Rep- (4) REMOVAL FOR CAUSE.—The Secretary of (4) SENSE OF CONGRESS REGARDING LOBBYING resentatives of the United States of America in Commerce may remove any member of the ACTIVITIES.—It is the sense of Congress that Congress assembled, board for good cause. the Corporation should not engage in lob- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (5) VACANCIES.—Any vacancy in the board bying activities (as defined in section 3(7) of (a) SHORT TITLE.—This Act may be cited as shall not affect its power, but shall be filled the Lobbying Disclosure Act of 1995 (5 U.S.C. the ‘‘Travel Promotion Act of 2009’’. in the manner required by this section. Any 1602(7)). (b) TABLE OF CONTENTS.—The table of con- member whose term has expired may serve (e) DUTIES AND POWERS.— tents for this Act is as follows: until the member’s successor has taken of- (1) IN GENERAL.—The Corporation shall de- fice, or until the end of the calendar year in velop and execute a plan— Sec. 1. Short title; table of contents. (A) to provide useful information to for- Sec. 2. The Corporation for Travel Pro- which the member’s term has expired, which- ever is earlier. Any member appointed to fill eign tourists, business people, students, motion. scholars, scientists, and others interested in Sec. 3. Accountability measures. a vacancy occurring prior to the expiration travelling to the United States, including Sec. 4. Matching public and private funding. of the term for which that member’s prede- the distribution of material provided by the Sec. 5. Travel promotion fund fees. cessor was appointed shall be appointed for Federal government concerning entry re- Sec. 6. Assessment authority. the remainder of the predecessor’s term. No quirements, required documentation, fees, Sec. 7. Office of Travel Promotion. member of the board shall be eligible to processes, and information concerning de- Sec. 8. Research program. serve more than 2 consecutive full 3-year clared public health emergencies, to prospec- SEC. 2. THE CORPORATION FOR TRAVEL PRO- terms. (6) ELECTION OF CHAIRMAN AND VICE CHAIR- tive travelers, travel agents, tour operators, MOTION. meeting planners, foreign governments, (a) ESTABLISHMENT.—The Corporation for MAN.—Members of the board shall annually elect one of the members to be Chairman and travel media and other international stake- Travel Promotion is established as a non- holders; profit corporation. The Corporation shall not elect 1 or 2 of the members as Vice Chairman or Vice Chairmen. (B) to identify, counter, and correct be an agency or establishment of the United misperceptions regarding United States States Government. The Corporation shall (7) STATUS AS FEDERAL EMPLOYEES.—Not- withstanding any provision of law to the entry policies around the world; be subject to the provisions of the District of (C) to maximize the economic and diplo- Columbia Nonprofit Corporation Act (D.C. contrary, no member of the board may be considered to be a Federal employee of the matic benefits of travel to the United States Code, section 29–1001 et seq.), to the extent by promoting the United States of America that such provisions are consistent with this United States by virtue of his or her service as a member of the board. to world travelers through the use of, but section, and shall have the powers conferred not limited to, all forms of advertising, out- (8) COMPENSATION; EXPENSES.—No member upon a nonprofit corporation by that Act to reach to trade shows, and other appropriate shall receive any compensation from the carry out its purposes and activities. promotional activities; Federal government for serving on the (b) BOARD OF DIRECTORS.— (D) to ensure that international travel ben- Board. Each member of the Board shall be (1) IN GENERAL.—The Corporation shall efits all States and the District of Columbia paid actual travel expenses and per diem in have a board of directors of 11 members with and to identify opportunities and strategies lieu of subsistence expenses when away from knowledge of international travel promotion to promote tourism to rural and urban areas his or her usual place of residence, in accord- and marketing, broadly representing various equally, including areas not traditionally ance with section 5703 of title 5, United regions of the United States, who are United visited by international travelers; and States Code. States citizens. Members of the board shall (E) to give priority to the Corporation’s ef- be appointed by the Secretary of Commerce (c) OFFICERS AND EMPLOYEES.— forts with respect to countries and popu- (after consultation with the Secretary of (1) IN GENERAL.—The Corporation shall lations most likely to travel to the United ø ¿ Homeland Security and the Secretary of have a President , an executive director and States. such other officers as may be named and ap- State), as follows: (2) SPECIFIC POWERS.—In order to carry out (A) 1 shall have appropriate expertise and pointed by the board for terms and at rates the purposes of this section, the Corporation experience in the hotel accommodations sec- of compensation fixed by the board. No indi- may— tor; vidual other than a citizen of the United (A) obtain grants from and make contracts (B) 1 shall have appropriate expertise and States may be an officer of the Corporation. with individuals and private companies, experience in the restaurant sector; The Corporation may hire and fix the com- State, and Federal agencies, organizations, (C) 1 shall have appropriate expertise and pensation of such employees as may be nec- and institutions; experience in the small business or retail essary to carry out its purposes. No officer or (B) hire or accept the voluntary services of sector or in associations representing that employee of the Corporation may receive consultants, experts, advisory boards, and sector; any salary or other compensation (except for panels to aid the Corporation in carrying out (D) 1 shall have appropriate expertise and compensation for services on boards of direc- its purposes; and experience in the øadvertising¿ travel dis- tors of other organizations that do not re- (C) take such other actions as may be nec- tribution services sector; ceive funds from the Corporation, on com- essary to accomplish the purposes set forth (E) 1 shall have appropriate expertise and mittees of such boards, and in similar activi- in this section. ties for such organizations) from any sources experience in the attractions or recreations (3) PUBLIC OUTREACH AND INFORMATION.— sector; other than the Corporation for services ren- The Corporation shall develop and maintain (F) 1 shall have appropriate expertise and dered during the period of his or her employ- a publicly accessible website. ment by the Corporation. Service by any of- experience as officials of a city convention (f) OPEN MEETINGS.—Meetings of the board and visitors’ bureau; ficer on boards of directors of other organiza- of directors of the Corporation, including (G) 2 shall have appropriate expertise and tions, on committees of such boards, and in any committee of the board, shall be open to experience as officials of a State tourism of- similar activities for such organizations the public. The board may, by majority vote, fice; shall be subject to annual advance approval close any such meeting only for the time (H) 1 shall have appropriate expertise and by the board and subject to the provisions of necessary to preserve the confidentiality of experience in the passenger air sector; the Corporation’s Statement of Ethical Con- commercial or financial information that is (I) 1 shall have appropriate expertise and duct. All officers and employees shall serve privileged or confidential, to discuss per- experience in immigration law and policy, at the pleasure of the board. sonnel matters, or to discuss legal matters including visa requirements and United (2) NONPOLITICAL NATURE OF APPOINT- affecting the Corporation, including pending States entry procedures; and MENT.—No political test or qualification or potential litigation. (J) 1 shall have appropriate expertise in shall be used in selecting, appointing, pro- (g) MAJOR CAMPAIGNS.—The board may not the intercity passenger railroad business. moting, or taking other personnel actions authorize the Corporation to obligate or ex- (2) INCORPORATION.—The members of the with respect to officers, agents, or employees pend more than $25,000,000 on any advertising initial board of directors shall serve as of the Corporation. campaign, promotion, or related effort un- incorporators and shall take whatever ac- (d) NONPROFIT AND NONPOLITICAL NATURE less— tions are necessary to establish the Corpora- OF CORPORATION.— (1) the obligation or expenditure is ap- tion under the District of Columbia Non- (1) STOCK.—The Corporation shall have no proved by an affirmative vote of at least 2⁄3 of profit Corporation Act (D.C. Code, section power to issue any shares of stock, or to de- the members of the board present at the ø29–1001¿ 29–301.01 et seq.). clare or pay any dividends. meeting; (3) TERM OF OFFICE.—The term of office of (2) PROFIT.—No part of the income or as- (2) at least 6 members of the board are each member of the board appointed by the sets of the Corporation shall inure to the present at the meeting at which it is ap- Secretary shall be 3 years, except that, of benefit of any director, officer, employee, or proved; and the members first appointed— any other individual except as salary or rea- (3) each member of the board has been (A) 3 shall be appointed for terms of 1 year; sonable compensation for services. given at least 3 days advance notice of the (B) 4 shall be appointed for terms of 2 (3) POLITICS.—The Corporation may not meeting at which the vote is to be taken and years; and contribute to or otherwise support any polit- the matters to be voted upon at that meet- (C) 4 shall be appointed for terms of 3 ical party or candidate for elective public of- ing. years. fice. (h) FISCAL ACCOUNTABILITY.—

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(1) FISCAL YEAR.—The Corporation shall es- jectives, budget, and report described in this sec- the extent prior estimates were in excess or less tablish as its fiscal year the 12-month period tion. than the amounts required to be transferred. beginning on October 1. SEC. 4. MATCHING PUBLIC AND PRIVATE FUND- (c) MATCHING REQUIREMENT.— (2) BUDGET.—The Corporation shall adopt a ING. (1) IN GENERAL.—No amounts may be made budget for each fiscal year. (a) ESTABLISHMENT OF TRAVEL PROMOTION available to the Corporation under this section (3) ANNUAL AUDITS.—The Corporation shall FUND.—There is hereby established in the after fiscal year 2010, except to the extent that— engage an independent accounting firm to Treasury a fund which shall be known as the (A) for fiscal year 2011, the Corporation pro- conduct an annual financial audit of the Cor- Travel Promotion Fund. vides matching amounts from non-Federal poration’s operations and shall publish the (b) FUNDING.— sources equal in the aggregate to 50 percent or results of the audit. The Comptroller Gen- ø(1) START-UP EXPENSES.—For the period more of the amount transferred to the Fund eral of the United States may review any beginning on October 1, 2009, and ending on under subsection (b); and audit of a financial statement conducted December 31, 2009, the Secretary of the (B) for any fiscal year after fiscal year 2011, under this subsection by an independent ac- Treasury shall make available to the Cor- the Corporation provides matching amounts counting firm and may audit the Corpora- poration such sums as may be necessary, but from non-Federal sources equal in the aggregate tion’s operations at the discretion of the not to exceed $10,000,000, from amounts de- to 100 percent of the amount transferred to the Comptroller General. The Comptroller Gen- posited in the general fund of the Treasury Fund under subsection (b) for the fiscal year. eral and the Congress shall have full and com- from fees under section 217(h)(3)(B)(i)(I) of (2) GOODS AND SERVICES.—For the purpose plete access to the books and records of the the Immigration and Nationality Act (8 of determining the amount received from Corporation. U.S.C. 1187(h)(3)(B)(i)(I)) to cover the Cor- non-Federal sources by the Corporation, (4) PROGRAM AUDITS.—Not later than 2 poration’s initial expenses and activities other than money— years after the date of enactment of this under this Act. (A) the fair market value of goods and Act, the Comptroller General shall conduct a ø(2) FISCAL YEAR 2010 AND SUBSEQUENT services (including advertising) contributed review of the programmatic activities of the YEARS.—For the period beginning on January to the Corporation for use under this Act Corporation for Travel Promotion. This re- 1, 2010, and ending on September 30, 2010, and may be included in the determination; but port shall be provided to appropriate con- for each of fiscal years 2011 through 2014, (B) the fair market value of such goods and gressional committees. from amounts deposited in the general fund services may not account for more than 80 SEC. 3. ACCOUNTABILITY MEASURES. of the Treasury during the preceding fiscal percent of the matching requirement under (a) OBJECTIVES.—The Board shall establish year from fees under section 217(h)(3)(B)(i)(I) paragraph (1) for the Corporation in any fis- annual objectives for the Corporation for of the Immigration and Nationality Act (8 cal year. each fiscal year subject to approval by the U.S.C. 1187(h)(3)(B)(i)(I)), the Secretary of (3) RIGHT OF REFUSAL.—The Corporation Secretary of Commerce (after consultation the Treasury shall transfer not more than may decline to accept any contribution in- with the Secretary of Homeland Security $100,000,000 to the Fund, which shall be made kind that it determines to be inappropriate, and the Secretary of State). The Corporation available to the Corporation, subject to sub- not useful, or commercially worthless. shall establish a marketing plan for each fis- sections (c) and (d) of this section, to carry (4) LIMITATION.—The Corporation may not cal year not less than 60 days before the be- out its functions under this Act. Transfers obligate or expend funds in excess of the ginning of that year and provide a copy of shall be made at least quarterly on the basis total amount received by the Corporation for the plan, and any revisions thereof, to the of estimates by the Secretary of the Treas- a fiscal year from Federal and non-Federal Secretary. ury of the amounts required to be trans- sources. (b) BUDGET.—The board shall transmit a ferred in accordance with subsection (c), and (d) CARRYFORWARD.— copy of the Corporation’s budget for the proper adjustments shall be made in (1) FEDERAL FUNDS.—Amounts transferred forthcoming fiscal year to the Secretary not amounts subsequently transferred to the ex- to the Fund under subsection (b)(2) shall re- less than 60 days before the beginning of tent prior estimates were in excess or less main available until expended. each fiscal year, together with an expla- than the amounts required to be transferred. (2) MATCHING FUNDS.—Any amount received nation of any expenditure provided for by ø(c) MATCHING REQUIREMENT.— by the Corporation from non-Federal sources the budget in excess of $5,000,000 for the fis- ø(1) IN GENERAL.—The Secretary of the in fiscal year 2010, 2011, 2012, 2013, or 2014 that cal year. The Corporation shall make a copy Treasury shall make available to the Cor- cannot be used to meet the matching re- of the budget and the explanation available poration at least quarterly from amounts quirement under subsection (c)(1) for the fis- to the public and shall provide public access available in the Fund for the period begin- cal year in which amount was collected may to the budget and explanation on the Cor- ning on January 1, 2010, and ending on Sep- be carried forward and treated as having poration’s website. tember 30, 2010, and for each of fiscal years been received in the succeeding fiscal year (c) ANNUAL REPORT TO CONGRESS.—The 2011, 2012, 2013, and 2014, an amount equal to for purposes of meeting the matching re- Corporation shall submit an annual report the amount received from non-Federal quirement of subsection (c)(1) in such suc- for the preceding fiscal year to the Secretary sources by the Corporation. The amount ceeding fiscal year. of Commerce for transmittal to the Congress made available to the Corporation under this SEC. 5. TRAVEL PROMOTION FUND FEES. on or before the 15th day of May of each paragraph for the period ending on Sep- Section 217(h)(3)(B) of the Immigration and year. The report shall include— tember 30, 2010, and for each of those fiscal Nationality Act (8 U.S.C. 1187(h)(3)(B)) is (1) a comprehensive and detailed report of years, may not exceed $100,000,000.¿ amended to read as follows: the Corporation’s operations, activities, fi- (1) START-UP EXPENSES.—For fiscal year 2010, nancial condition, and accomplishments the Secretary of the Treasury shall make avail- ‘‘(B) FEES.— under this Act; able to the Corporation such sums as may be ‘‘(i) IN GENERAL.—No later than September (2) a comprehensive and detailed inventory necessary, but not to exceed $10,000,000, from 30, 2009, the Secretary of Homeland Security of amounts obligated or expended by the Cor- amounts deposited in the general fund of the shall establish a fee for the use of the Sys- poration during the preceding fiscal year; Treasury from fees under section tem and begin assessment and collection of (3) a detailed description of each in-kind 217(h)(3)(B)(i)(I) of the Immigration and Na- that fee. The initial fee shall be the sum of— contribution, its fair market value, the indi- tionality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) to ‘‘(I) $10 per travel authorization; and vidual or organization responsible for con- cover the Corporation’s initial expenses and ac- ‘‘(II) an amount that will at least ensure tributing, its specific use, and a justification tivities under this Act. Transfers shall be made recovery of the full costs of providing and for its use within the context of the Corpora- at least quarterly, beginning on October 1, 2009, administering the System, as determined by tion’s mission; on the basis of estimates by the Secretary, and the Secretary. (4) an objective and quantifiable measure- proper adjustments shall be made in amounts ‘‘(ii) DISPOSITION OF AMOUNTS COLLECTED.— ment of its progress, on an objective-by-ob- subsequently transferred to the extent prior esti- Amounts collected under clause (i)(I) shall jective basis, in meeting the objectives es- mates were in excess or less than the amounts be credited to the Travel Promotion Fund es- tablished by the board; required to be transferred. tablished by section 4 of the Travel Pro- motion Act of 2009. Amounts collected under (5) an explanation of the reason for any (2) SUBSEQUENT YEARS.—For each of fiscal failure to achieve an objective established by years 2011 through 2014, from amounts deposited clause (i)(II) shall be transferred to the gen- the board and any revisions or alterations to in the general fund of the Treasury during the eral fund of the Treasury and made available the Corporation’s objectives under sub- preceding fiscal year from fees under section to pay the costs incurred to administer the section (a); 217(h)(3)(B)(i)(I) of the Immigration and Na- System. (6) a comprehensive and detailed report of tionality Act (8 U.S.C. 1187(h)(B)(i)(I)), the Sec- ‘‘(iii) SUNSET OF TRAVEL PROMOTION FUND the Corporation’s operations and activities retary of the Treasury shall transfer not more FEE.—The Secretary may not collect the fee to promote tourism in rural and urban areas; than $100,000,000 to the Fund, which shall be authorized by clause (i)(I) for fiscal years be- and made available to the Corporation, subject to ginning after September 30, 2014.’’. (7) such recommendations as the Corpora- subsection (c) of this section, to carry out its SEC. 6. ASSESSMENT AUTHORITY. tion deems appropriate. functions under this Act. Transfers shall be (a) IN GENERAL.—Except as otherwise pro- (d) LIMITATION ON USE OF FUNDS.—Amounts made at least quarterly on the basis of estimates vided in this section, the Corporation may deposited in the Fund may not be used for any by the Secretary, and proper adjustments shall impose an annual assessment on United purpose inconsistent with carrying out the ob- be made in amounts subsequently transferred to States members of the international travel

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.029 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6709 and tourism industry (other than those de- the Travel Promotion Act of 2009 and sup- improved and expanded opportunities scribed in section 2(b)(1)(C) or (H)) rep- port and encourage the development of pro- for small businesses and attract foreign resented on the Board in proportion to their grams to increase the number of inter- tourists. Tourism is a vital service ex- share of the aggregate international travel national visitors to the United States for and tourism revenue of the industry. The business, leisure, educational, medical, ex- port, generating $142 billion in inter- Corporation shall be responsible for change, and other purposes; national receipts last year, which ac- verifying, implementing, and collecting the ‘‘(2) work with the Corporation, the Sec- counts for 27 percent of all services ex- assessment authorized by this section. retary of State and the Secretary of Home- ports and 8 percent of exports overall. (b) INITIAL ASSESSMENT LIMITED.—The Cor- land Security— As ranking member of the Senate poration may establish the initial assess- ‘‘(A) to disseminate information more ef- Committee on Small Business and En- ment after the date of enactment of the fectively to potential international visitors trepreneurship, and as a senior member Travel and Tourism Promotion Act at no about documentation and procedures re- of both the Senate Finance and Com- greater, in the aggregate, than $20,000,000. quired for admission to the United States as merce Committees, one of my top pri- (c) REFERENDA.— a visitor; (1) IN GENERAL.—The Corporation may not ‘‘(B) to ensure that arriving international orities is to ensure that small busi- impose an annual assessment unless— visitors are generally welcomed with accu- nesses get the promised benefits of our (A) the Corporation submits the proposed rate information and in an inviting manner; international trade relationships, in- annual assessment to members of the indus- ‘‘(C) to collect accurate data on the total cluding the benefits of increased busi- try in a referendum; and number of international visitors that visit ness from tourists that visit the United (B) the assessment is approved by a major- each State; and States. Tourism is particularly essen- ity of those voting in the referendum. ‘‘(D) enhance the entry and departure expe- (3) PROCEDURAL REQUIREMENTS.—In con- tial for small businesses, which com- rience for international visitors through the prise more than 90 percent of employ- ducting a referendum under this subsection, use of advertising, signage, and customer the Corporation shall— service; and ers in the tourism industry. In fact, 95 (A) provide written or electronic notice not ‘‘(3) support State, regional, and private percent of travel agencies, 84 percent of less than 60 days before the date of the ref- sector initiatives to promote travel to and tour operating companies, 93 percent of erendum; within the United States. sightseeing bus companies, and 99 per- (B) describe the proposed assessment or in- ‘‘(d) REPORTS TO CONGRESS.—Within a year cent of souvenir shops are small busi- crease and explain the reasons for the ref- after the date of enactment of the Travel nesses. erendum in the notice; and Promotion Act of 2009, and periodically Small businesses are a vital source of (C) determine the results of the referendum thereafter as appropriate, the Secretary on the basis of weighted voting apportioned shall transmit a report to the Senate Com- economic growth and job creation, gen- according to each business entity’s relative mittee on Commerce, Science, and Transpor- erating approximately 75 percent of net share of the aggregate annual United States tation, the Senate Committee on Homeland new jobs each year. Small firms are es- international travel and tourism revenue for Security and Government Affairs, the Senate sential to our economic recovery, and the industry per business entity, treating all Committee on Foreign Relations, the House we must help them take advantage of related entities as a single entity. of Representatives Committee on Energy and all potential opportunities, including (d) COLLECTION.— Commerce, the House of Representatives those created by international travel (1) IN GENERAL.—The Corporation shall es- Committee on Homeland Security, and the tablish a means of collecting the assessment House of Representatives Committee on For- and tourism. that it finds to be efficient and effective. The eign Affairs describing the Office’s work with My amendment will increase support Corporation may establish a late payment the Corporation, the Secretary of State and for small businesses seeking to attract charge and rate of interest to be imposed on the Secretary of Homeland Security to carry more foreign tourists. First, the any person who fails to remit or pay to the out subsection (c)(2).’’. amendment creates an innovative new Corporation any amount assessed by the Cor- SEC. 8. RESEARCH PROGRAM. export development grant program poration under this Act. Title II of the International Travel Act of that provides small businesses with (2) ENFORCEMENT.—The Corporation may 1961 (22 U.S.C. 2121 et seq.), as amended by matching grants, of up to $5,000, for ex- bring suit in Federal court to compel compli- section 7, is further amended by inserting ance with an assessment levied by the Cor- after section 202 the following: penses relating to activities that help poration under this Act. ‘‘SEC. 203. RESEARCH PROGRAM. them start or expand export activity. (e) INVESTMENT OF FUNDS.—Pending dis- ‘‘(a) IN GENERAL.—The Office of Travel and These grants can be used to create for- bursement pursuant to a program, plan, or Tourism Industries shall expand and con- eign-language marketing material, project, the Corporation may invest funds tinue its research and development activities translate websites in order to reach collected through assessments, and any in connection with the promotion of inter- foreign tourists, and develop other other funds received by the Corporation, national travel to the United States, includ- marketing materials in order to at- only in obligations of the United States or ing— any agency thereof, in general obligations of ‘‘(1) expanding access to the official Mexi- tract more international visitors. any State or any political subdivision there- can travel surveys data to provide the States In addition to enabling small busi- of, in any interest-bearing account or certifi- with traveler characteristics and visitation nesses to attract international tour- cate of deposit of a bank that is a member of estimates for targeted marketing programs; ists, my amendment also benefits the Federal Reserve System, or in obliga- ‘‘(2) expanding the number of inbound air small businesses who seek to sell their tions fully guaranteed as to principal and in- travelers sampled by the Commerce Depart- products and services in international terest by the United States. ment’s Survey of International Travelers to markets. Although globalization has SEC. 7. OFFICE OF TRAVEL PROMOTION. reach a 1 percent sample size and revising created new opportunities, less than 1 the design and format of questionnaires to Title II of the International Travel Act of percent of U.S. small businesses cur- 1961 (22 U.S.C. 2121 et seq.) is amended by in- accommodate a new survey instrument, im- serting after section 201 the following: prove response rates to at least double the rently sell to international buyers. ‘‘SEC. 202. OFFICE OF TRAVEL PROMOTION. number of States and cities with reliable Small businesses face particular ‘‘(a) OFFICE ESTABLISHED.—There is estab- international visitor estimates and improve challenges in exporting. It can be dif- lished within the Department of Commerce market coverage; ficult for small exporting firms to se- an office to be known as the Office of Travel ‘‘(3) developing estimates of international cure the working capital needed to ful- Promotion. travel exports (expenditures) on a State-by- fill foreign purchase orders, for in- ‘‘(b) DIRECTOR.— State basis to enable each State to compare stance, because many lenders won’t ‘‘(1) APPOINTMENT.—The Office shall be its comparative position to national totals lend against export orders or export re- headed by a Director who shall be appointed and other States; by the Secretary. ‘‘(4) evaluate the success of the Corpora- ceivables. Additionally, small business ‘‘(2) QUALIFICATIONS.—The Director shall tion in achieving its objectives and carrying owners may not have the time or re- be a citizen of the United States and have ex- out the purposes of the Travel Promotion sources necessary to understand other perience in a field directly related to the Act of 2009; and countries’ rules and regulations. promotion of travel to and within the United ‘‘(5) research to support the annual reports Currently, Federal programs are States. required by section 202(d) of this Act. grossly inadequate at helping small ‘‘(3) DUTIES.—The Director shall be respon- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— businesses overcome these challenges sible for ensuring the office is carrying out There are authorized to be appropriated to the Secretary of Commerce for fiscal years of exporting. This amendment gives its functions effectively and shall report to small businesses the resources and as- the Secretary. 2010 through 2014 such sums as may be nec- ‘‘(c) FUNCTIONS.—The Office shall— essary to carry out this section.’’. sistance they require to explore poten- ‘‘(1) serve as liaison to the Corporation for Ms. SNOWE. Mr. President, my tial export opportunities and to expand Travel Promotion established by section 2 of amendment, No. 1336, would provide their current export business.

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.029 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6710 CONGRESSIONAL RECORD — SENATE June 17, 2009 The amendment would also bolster more than $142 billion last year, and MORNING BUSINESS the SBA’s technical assistance pro- there is no doubt that small businesses Mr. REID. Mr. President, I ask unan- grams, and will improve export financ- were a vital part of this statistic. In imous consent that the Senate proceed ing programs so that small businesses fact, they represent nearly the entire to a period of morning business, with have access to capital needed to sup- tourism industry. More than 90 percent Senators allowed to speak therein for port export sales. of employers in the tourism industry up to 10 minutes each. Small businesses can survive, diver- are small businesses; and more specifi- The PRESIDING OFFICER. Without sify, and compete effectively in the cally, 95 percent of travel agencies, 84 objection, it is so ordered. international marketplace by devel- percent of tour operating companies, 93 Mr. REID. I suggest the absence of a oping an export business. But, as I percent of sightseeing bus companies, quorum. mentioned, too few small businesses and 99 percent of souvenir shops are The PRESIDING OFFICER. The are expanding into international mar- owned by small entrepreneurs. It is clerk will call the roll. kets. This amendment will help small therefore imperative that this act The assistant legislative clerk pro- business owners take the crucial steps guarantee that small businesses are ceeded to call the roll. of attracting foreign tourists and find- provided with a representative on the Mr. REID. Mr. President, I ask unan- ing international buyers for their Corporation for Travel Promotion imous consent that the order for the goods and services. Board. quorum call be rescinded. This investment could yield tremen- Tourism is a vital source of growth The PRESIDING OFFICER. Without dous returns for our economy. The for these small businesses and this act objection, it is so ordered. United States spends just one-sixth of will provide critical assistance to en- the international average among devel- trepreneurs struggling during these dif- f oped countries in promoting small ficult economic times. This amend- 40TH ANNIVERSARY OF THE NA- businesses exports. Every additional ment will improve the underlying bill TIONAL ASSOCIATION OF MINOR- dollar spent on export promotion re- by ensuring that small businesses con- ITY CONTRACTORS sults in a fortyfold increase in exports, tinue to play a key role in bolstering according to a World Bank study. and strengthening our nation’s essen- Mr. REID. Mr. President, I rise to As we work to promote tourism in tial tourism industry. For this reason I call the attention of the Senate to the the United States, we cannot overlook urge my colleagues to support my 40th anniversary of the National Asso- small businesses. An investment in amendment. ciation of Minority Contractors, NAMC. NAMC is a national organiza- small business exporting assistance is f an investment in our economy. This tion that has gone to great lengths amendment will ensure that this legis- MAKING SUPPLEMENTAL APPRO- over the last 40 years in helping minor- lation helps small businesses stay com- PRIATIONS FOR THE FISCAL ity contractors realize the American petitive, helps them grow, and speeds YEAR ENDING SEPTEMBER 30, dream. Additionally, NAMC has aided the recovery of our economy as a 2009—CONFERENCE REPORT contractors across the United States whole. I respectfully ask all of my Sen- Mr. REID. Mr. President, I ask the by fostering relationships and building ate colleagues to support this vital Chair to lay before the Senate the con- bridges in the construction industry amendment. ference report to accompany H.R. 2346, that have helped minorities to remain Mr. President, my amendment No. the supplemental appropriations bill. competitive. Currently, NAMC has over 1337 to the ‘‘Tourism Promotion Act of The PRESIDING OFFICER. The 5,000 memberships in all 50 States and 2009 is a commonsense amendment that clerk will report. the District of Columbia. would ensure that small businesses are The assistant legislative clerk read NAMC was established as a nonprofit properly represented on the new ‘‘Cor- as follows: organization in 1969, in order to provide poration for Travel Promotion Board’’ The committee of conference on the dis- education to African Americans, Asian and would clarify that small busi- agreeing votes of the two Houses on the Americans, Hispanic Americans, and nesses, as defined by the Small Busi- amendment of the Senate to the bill (H.R. Native Americans employed as con- ness Administration, are exempt from 2346) making supplemental appropriations struction contractors. This magnifi- the annual assessment created by this for the fiscal year ending September 30, 2009, cent organization has helped to ensure act. and for other purposes, having met, after full equal opportunity employment and and free conference, have agreed that the procurement opportunities in all areas As ranking member of the Com- House recede from its disagreement to the mittee on Small Business and Entre- amendment of the Senate and agree to the of this industry. NAMC has led the way preneurship, I am keenly aware of the same with an amendment, and the Senate in the integration of various ethnic critical role that small businesses play agree to the same, signed by a majority of groups, creeds, and colors in the con- as our Nation’s primary job creators. the conferees on the part of both Houses. struction industry. We recognize this Robust tourism is vital to the success (The conference report is printed in organization’s hard work to initiate of countless small businesses, and I see the proceedings of the House in the and operate training programs for peo- no better way to improve this bill than RECORD of Friday June 12, 2009.) ple desiring employment and procure- by ensuring that our Nation’s small CLOTURE MOTION ment in the building trades. businesses have a seat at the table as Mr. REID. Mr. President, I send to Thanks to the fine leadership of the our tourism policy is revamped. One of the desk a cloture motion. local board of the Silver State’s the more vital components of this act The PRESIDING OFFICER. The NAMC’s Chapter, NAMC is making a is the creation of the travel promotion clerk will report the motion. successful transition to green building. board, which includes 11 key represent- The assistant legislative clerk read NAMC has been ensuring that its mem- atives from different industries in- as follows: bers certify in green building by in- volving them with Green Advantage volved in tourism, and will be tasked CLOTURE MOTION and the U.S. Green Building Council. It with promoting travel to America. Un- We, the undersigned Senators, in accord- fortunately, the underlying bill does ance with the provisions of rule XXII of the is specifically this type of program not require a member of that board Standing Rules of the Senate, hereby move that will help America become more specifically represent small businesses. to bring to a close debate on the conference environmentally friendly and respon- My amendment will correct this over- report to accompany H.R. 2346, the Supple- sible and lead us to an improved qual- sight. mental Appropriations Act of 2009. ity of life. Travel and tourism generates ap- Daniel K. Inouye, Patrick J. Leahy, The Nevada Chapter is one of 22 chap- proximately $1.3 trillion in economic Patty Murray, Jack Reed, Edward E. ters across the United States. I com- activity each year in the United States Kaufman, Christopher J. Dodd, Tom mend the National Association of Mi- Carper, Mark L. Pryor, Tim Johnson, and it also supports 8.3 million travel- Jon Tester, Mary L. Landrieu, Byron nority Contractors for their 40 years of related jobs. According to the Depart- L. Dorgan, Herb Kohl, Tom Harkin, support to the minority community ment of Commerce, receipts from Mark Begich, Ben Nelson, Dianne Fein- and to the affiliates in Nevada and international trade and tourism were stein. around the United States. It is through

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.048 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6711 the relentless work of this organization But somehow those three little words and Vice Presidents, including Jeffer- that minority construction contractors Are the hardest ones to share. son, Jackson, Lincoln, and Grant; or have been able to achieve equality, op- And fathers say, ‘‘I love you’’ notable politicians such as Senator portunity, and prosperity. In ways that words can’t match— Henry Clay of Kentucky. Just three With tender bedtime stories— f Or a friendly game of catch! county names reference the State’s (At the request of Mr. REID, the fol- You can see the words ‘‘I love you’’ English heritage—Hampshire County, lowing statements were ordered to be In a father’s boyish eyes named after the county in England; printed in the RECORD.) When he runs home, all excited, Berkeley County, named after the With a poorly wrapped surprise. Royal Governor of Virginia, Norborne IN PRAISE OF FATHERS A father says, ‘‘I love you’’ Berkeley; and Raleigh County, named ∑ Mr. BYRD. Mr. President, Sunday is With his strong helping hands— after the English explorer Sir Walter Father’s Day. The third Sunday in With a smile when you’re in trouble Raleigh. June is a lovely time of year, and a With the way he understands. Several counties are named after He says, ‘‘I love you’’ haltingly, perfect time for any celebration. This With awkward tenderness— prominent Virginians, reflective of year, it is also the first day of sum- (It’s hard to help a four-year-old into a party West Virginia’s origins as a part of the mer—the best day of summer, before dress!) Commonwealth of Virginia. Still other the weather is too hot, before bugs mar He speaks his love unselfishly county names commemorating fron- the beauty of fresh green leaves and By giving all he can tiersmen like Daniel Boone and Lewis weeds threaten to smother the garden, To make some secret dream come true, Wetzel remind us of West Virginia’s before we are tired of marveling at the Or follow through a plan. time at the fringes of the American smooth green of a freshly mown lawn. A father’s seldom-spoken love union, when the Nation was still young Sounds clearly through the years— On this Sunday, we thank both our Sometimes in peals of laughter, and growing. Counties named after Na- heavenly Father and our earthly father Sometimes through happy tears. tive Americans like the Mingo Chief for all that is good and strong and vi- Perhaps they have to speak their love Logan, Powhatan princess Pocahontas, brantly beautiful in our lives. In a fashion all their own. and the Mingo tribe, however, speak to Although scientists say that some Because the love that fathers feel West Virginia’s even earlier history. smells can trigger strong memories, I Is too big for words alone! Five county names celebrate natural think that there are certain sounds Mr. President, we can all remember features like rivers or the minerals that many people instantly associate times in our own lives when our fathers that are West Virginia’s great natural with fathers. The keening whine of a let us know that they were proud of us. treasure. power tool, the droning buzz of a lawn We remember the words of praise, the The stories of all these people, mower on a Saturday morning, the thumbs up, the smile or simply his places, and things help to tell the his- grunt and clank of tools in tight quiet presence at some long ago event. tory of West Virginia. It is a rich, com- places, the quiet scrape of a razor over An occasion was important, if our fa- plex and fascinating tale full of hope a stubbled chin, the slow tread of a ther made the time to be there. This and hardship, triumph and tragedy. tired man coming home in the evening, Sunday is our chance to return the From the Native Americans who lived or even the nighttime chorus of favor and make the occasion important and hunted these rich woodlands, to snores—these are the everyday sounds for him, by our presence at brunch, or the hearty settlers who built new lives of fathers that provide the quiet sounds by the grill, or on the phone. He will in the hollows and along the rivers, during a peaceful childhood. Other fa- appreciate the effort, even if he may West Virginia is full of unwritten his- ther sounds may have occurred less fre- find it difficult to show just how much tory marked only by trails, mounds, quently, but still trigger their own it means to him.∑ campsites, and old homesteads. Modern quick smiles of recall—the slap of a f history is built of soft red brick and baseball into a worn glove, perhaps, or bright limestone, iron rail lines and as- the gentle splash of a fishing lure hit- WEST VIRGINIA DAY phalt highways painstakingly carved ting the water, that remind us of pas- ∑ Mr. BYRD. Mr. President, on June 20, through the hills. Every county is full times enjoyed together. 1863, West Virginia became the 35th of scenic drives, history, natural won- On Sunday, fathers will be feted with State in our great Union. This coming ders, beautiful handcrafted goods and brunches or barbeques. They may open Saturday, West Virginia will celebrate foods, and—most of all—welcoming a few gifts and some funny cards. those 146 years of statehood, so I say, people. Mother’s Day might warrant more sen- ‘‘Happy Birthday, West Virginia!’’ I Throughout her history, the State’s timentality, but Father’s Day seems to might also add, ‘‘ and many more!’’ It motto has shone through: ‘‘Mountain- call for a more humorous approach— is a happy day. eers are always free.’’ West Virginians perhaps so that fathers will not be em- West Virginians will celebrate the value grit and hard work put forth by barrassed by any teary-eyed show of State’s birthday in many different individuals. Populated by hardworking emotion. It is enough, for many fa- ways. In the myriad State parks and families and individuals, West Vir- thers, to get a card at all, and to have forests, special programs may be en- ginians also value their close-knit all the attention focused on him. Most joyed amid the majestic scenery, views communities. You can see that spirit fathers are not much given to displays of endless, rolling hills, and rushing, whenever natural disasters bring of emotion or sentimental speeches. tumbling white water with which the neighbors together to work together in A father’s love is expressed through Creator has blessed us. At the Haddad the aftermath of storm or flood. The his presence and the endless labor that Riverfront Park in Charleston, an out- same friendly atmosphere fills the he expends to care for his family. His door concert will entertain the crowds many festivals and celebrations held love is expressed through his actions, with music and fun. Blenko Glass, in throughout the State virtually every and all the sounds that accompany Milton, has produced another stunning weekend. them. My own Dad was a quiet man, artwork in molten, hand blown glass in I urge those listening to come and ex- but he saved his cake from lunch to honor of West Virginia Day. Across the plore West Virginia. We are closer than give to me. He listened attentively to State, local arts festivals and historic you think, but thanks to the moun- my recitations and my fiddle playing, reenactments will celebrate the his- tains that have shaped our history, and he made sure that I had paper and tory and talents of West Virginia. still quiet and unspoiled. I know that I pencils to draw with as a child. With- West Virginia Day is a wonderful day may be a little bit biased, but West out words, he showed me how much he to celebrate all that is unique about Virginia is my favorite State, full of cared. our great State. Of her 55 counties, 47 never ending variety and great beauty An untitled poem by an unknown were named after notable individuals. in every season. From the colonial and poet captures the unspoken love that Some counties derive their names from Civil War history in the eastern pan- fathers find easier to express: Revolutionary War heroes like Francis handle’s Harper’s Ferry and Berkeley Fathers seldom say, ‘‘I love you’’ Marion and the Marquis de Lafayette. Springs, to the whitewater adventures Though the feeling’s always there, Others are named after U.S. Presidents offered on the Gauley and other rivers,

VerDate Nov 24 2008 05:12 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.014 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6712 CONGRESSIONAL RECORD — SENATE June 17, 2009 West Virginia offers something for There being no objection, the mate- CONCURRENT RESOLUTION ON THE every taste. You can sample true lux- rial was ordered to be printed in the BUDGET FOR FISCAL YEAR 2010—S. CON. RES. 13; FURTHER REVISIONS TO ury at the Greenbrier resort or ski and RECORD, as follows: THE CONFERENCE AGREEMENT PUR- snowboard in the Canaan Valley. You CONCURRENT RESOLUTION ON THE SUANT TO SECTION 311 DEFICIT-NEU- can hunt game or the works of great BUDGET FOR FISCAL YEAR 2010—S. TRAL RESERVE FUND FOR THE FOOD artisans; listen to bluegrass music or CON. RES. 13; FURTHER REVISIONS TO AND DRUG ADMINISTRATION AND SEC- to the wind blowing through the trees. THE CONFERENCE AGREEMENT PUR- TION 307 DEFICIT-NEUTRAL RESERVE West Virginia has been waiting for you SUANT TO SECTION 311 DEFICIT-NEU- FUND FOR AMERICA’S VETERANS AND for 146 years—come and celebrate with TRAL RESERVE FUND FOR THE FOOD WOUNDED SERVICEMEMBERS—Contin- her.∑ AND DRUG ADMINISTRATION AND SEC- ued TION 307 DEFICIT-NEUTRAL RESERVE FY 2010 Budget Authority ..... 4,497 FUND FOR AMERICA’S VETERANS AND f FY 2010 Outlays ...... 1,539 WOUNDED SERVICEMEMBERS FY 2010–2014 Budget Author- CHANGES TO S. CON. RES. 13 [In billions of dollars] ity ...... 50,374 Section 101 FY 2010–2014 Outlays ...... 44,507 Mr. CONRAD. Mr. President, section (1)(A) Federal Revenues: 311(a) of S. Con. Res. 13, the 2010 budget FY 2009 ...... 1,532.579 f resolution, permits the chairman of the FY 2010 ...... 1,653.728 FURTHER CHANGES TO S. CON. Senate Budget Committee to adjust FY 2011 ...... 1,929.681 RES. 13 the allocations of a committee or com- FY 2012 ...... 2,129.668 mittees, the aggregates, and other ap- FY 2013 ...... 2,291.197 Mr. CONRAD. Mr. President, section propriate levels in the resolution for FY 2014 ...... 2,495.875 401(c)(4) of S. Con. Res. 13, the 2010 legislation that authorizes the Food (1)(B) Change in Federal Reve- budget resolution, permits the chair- and Drug Administration to regulate nues: man of the Senate Budget Committee FY 2009 ...... 0.008 products and assess user fees on manu- to adjust the section 401(b) discre- FY 2010 ...... ¥12.258 tionary spending limits, allocations facturers and importers of those prod- FY 2011 ...... ¥158.950 ucts to cover the cost of the regulatory FY 2012 ...... ¥230.725 pursuant to section 302(a) of the Con- activities. Additionally, section 307 of FY 2013 ...... ¥224.140 gressional Budget Act of 1974, and ag- S. Con. Res. 13 permits the chairman to FY 2014 ...... ¥137.783 gregates for legislation making appro- adjust the allocations of a committee (2) New Budget Authority: priations for fiscal years 2009 and 2010 or committees, aggregates, and other FY 2009 ...... 3,674.408 for overseas deployments and other ac- appropriate levels in the resolution for FY 2010 ...... 2,892.472 tivities by the amounts provided in legislation that, among other things, FY 2011 ...... 2,844.908 such legislation for those purposes and reduces or eliminates the offset be- FY 2012 ...... 2,848.113 so designated pursuant to section tween the Survivor Benefit Plan annu- FY 2013 ...... 3,012.187 401(c)(4). The adjustment is limited to FY 2014 ...... 3,188.874 ities and veterans’ dependency and in- the total amount of budget authority (3) Budget Outlays: specified in section 104(21) of S. Con. demnity compensation. The adjust- FY 2009 ...... 3,358.512 ments under both reserve funds are FY 2010 ...... 3,005.683 Res. 13. For 2009, that limitation is contingent on the legislation not in- FY 2011 ...... 2,969.119 $90.745 billion, and for 2010, it is $130 creasing the deficit over either the pe- FY 2012 ...... 2,883.129 billion. riod of the total of fiscal years 2009 FY 2013 ...... 3,019.577 On May 19, I made two adjustments through 2014 or the period of the total FY 2014 ...... 3,174.976 pursuant to section 401(c)(4) for H.R. of fiscal years 2009 through 2019. 2346, a bill making supplemental appro- On June 3, I made revisions to S. Con. CONCURRENT RESOLUTION ON THE priations for the fiscal year ending Res. 13 pursuant to sections 311(a) and BUDGET FOR FISCAL YEAR 2010—S. September 30, 2009, and for other pur- 307 for an amendment in the nature of CON. RES. 13; FURTHER REVISIONS TO poses. H.R. 2346 passed the Senate on a complete substitute to H.R. 1256, the THE CONFERENCE AGREEMENT PUR- May 21. SUANT TO SECTION 311 DEFICIT-NEU- Family Smoking Prevention and To- I find that the conference report for TRAL RESERVE FUND FOR THE FOOD bacco Control Act. The complete sub- AND DRUG ADMINISTRATION AND SEC- H.R. 2346, which was filed on June 12, stitute to the House-passed bill was TION 307 DEFICIT-NEUTRAL RESERVE 2009, also fulfills the conditions of sec- passed by the Senate on June 11 and by FUND FOR AMERICA’S VETERANS AND tion 401(c)(4). As a result, for fiscal the House on June 12, clearing it for WOUNDED SERVICEMEMBERS years 2009 and 2010, I am further revis- the signature of the President. [In millions of dollars] ing the adjustments made on May 19 to The adjustment on June 3 was based Current Allocation to Senate the discretionary spending limits and on information provided by the Con- Health, Education, Labor, and the allocation to the Senate Com- gressional Budget Office. Since that Pensions Committee: mittee on Appropriations for discre- time, CBO has revised its estimate of FY 2009 Budget Authority ..... ¥22,436 tionary budget authority and outlays. the cost of H.R. 1256 to reflect an ear- FY 2009 Outlays ...... ¥19,058 When combined with those previous re- lier date of enactment. Even with the FY 2010 Budget Authority ..... 4,487 visions, the total amount of the adjust- FY 2010 Outlays ...... 1,526 changed date of enactment and revised ment pursuant to section 401(c)(4) for FY 2010–2014 Budget Author- estimate, H.R. 1256 still qualifies for re- ity ...... 50,366 2009 is $90.73 billion in discretionary serve fund adjustments pursuant to FY 2010–2014 Outlays ...... 44,491 budget authority and $27.029 billion in sections 311(a) and 307. As a con- Adjustments: outlays, and the total amount of the sequence, I am revising the adjust- FY 2009 Budget Authority ..... 11 adjustment for 2010 is $11 million in ments I made on June 3 to reflect FY 2009 Outlays ...... 2 discretionary budget authority and CBO’s updated estimate. These revi- FY 2010 Budget Authority ..... 10 $34.239 billion in outlays. In addition, I sions affect the aggregates in the 2010 FY 2010 Outlays ...... 13 am also further revising the aggregates budget resolution, as well as the allo- FY 2010–2014 Budget Author- consistent with section 401(c)(4). cation to the Senate Health, Edu- ity ...... 8 I ask unanimous consent to have the cation, Labor, and Pensions Com- FY 2010–2014 Outlays ...... 16 following revisions to S. Con. Res. 13 Revised Allocation to Senate mittee. Health, Education, Labor, and printed in the RECORD. I ask unanimous consent to have the Pensions Commitee: There being no objection, the mate- following revisions to S. Con. Res. 13 FY 2009 Budget Authority ..... ¥22,425 rial was ordered to be printed in the printed in the RECORD. FY 2009 Outlays ...... ¥19,056 RECORD, as follows:

VerDate Nov 24 2008 05:23 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0655 E:\CR\FM\G17JN6.035 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6713 CONCURRENT RESOLUTION ON THE the use of medical facilities at posts new trading post. Their intent was to BUDGET FOR FISCAL YEAR 2010—S. abroad, medical evacuation from posts dominate the central Rocky Mountain CON. RES. 13; FURTHER REVISIONS TO abroad, and inclusion in family size for fur trade. William Marshall Anderson THE CONFERENCE AGREEMENT PUR- housing allocations. wrote in his diary, ‘‘This day we laid SUANT TO SECTION 401(c)(4) ADJUST- the foundation log of a fort.’’ That log MENTS TO SUPPORT ONGOING OVER- Equal pay for equal work is a corner- SEAS DEPLOYMENTS AND OTHER AC- stone of our country’s bedrock prin- would be the cornerstone of the first TIVITIES ciples, and equal access to important permanent settlement in the future [In billions of dollars] benefits should share that importance. State of Wyoming. Sublette’s trading post was officially named Fort Wil- Section 101 Insurance benefits, work incentives, (1)(A) Federal Revenues: and retirement options comprise a sig- liam, although it was commonly re- FY 2009 ...... 1,532.579 nificant portion of all employee com- ferred to as the fort on Laramie’s Fork FY 2010 ...... 1,653.728 pensation. By not offering domestic or Fort Laramie. FY 2011 ...... 1,929.681 partnership benefits to its employees, Fort William was humble in size, FY 2012 ...... 2,129.668 the Federal Government is unfairly measuring only 100 feet by 80 feet. The FY 2013 ...... 2,291.197 withholding these valuable options palisade was formed by 15-foot hewn FY 2014 ...... 2,495.875 from dedicated employees across the cottonwood logs. There were log block- (1)(B) Change in Federal Reve- houses located at diagonal corners. A nues: country. President Obama’s Memo- randum is a step forward towards hav- third blockhouse, with mounted can- FY 2009 ...... 0.008 non, was over the main gate. Inside the FY 2010 ...... ¥12.258 ing a fair and consistent policy. FY 2011 ...... ¥158.950 This step by the President brings the fort was a series of cabins and store- FY 2012 ...... ¥230.725 Federal Government in line with many houses with flat tops that nearly FY 2013 ...... ¥224.140 of America’s largest and most success- reached the top of the fort’s walls. The ¥ FY 2014 ...... 137.783 ful companies, as well as State and fort’s small size was in contrast to the (2) New Budget Authority: large role it would play in American FY 2009 ...... 3,675.923 local governments and educational in- stitutions, which already extend bene- history. FY 2010 ...... 2,892.478 The fort eventually became one of fits to same-sex couples. Over half of FY 2011 ...... 2,844.908 the principal trading centers with the FY 2012 ...... 2,848.113 all Fortune 500 companies provide do- Indian tribes of the Northern Plains, FY 2013 ...... 3,012.187 mestic partner benefits to their em- especially the Oglala and Sicangu FY 2014 ...... 3,188.874 ployees, up from just 25 percent in 2000. (3) Budget Outlays: Lakota. The beaver trade was already Offering domestic partnership benefits in decline at the time of Fort William’s FY 2009 ...... 3,359.154 to Federal employees improves the FY 2010 ...... 3,004.508 construction. Campbell and Sublette FY 2011 ...... 2,970.563 quality of its workforce and dem- recognized that the future of the fur FY 2012 ...... 2,883.051 onstrates the Federal Government’s trade lay not in trapping, but in trad- FY 2013 ...... 3,019.923 commitment to fairness and equality ing with the native peoples of the FY 2014 ...... 3,175.114 for all Americans. plains for buffalo robes. Each spring, I am a proud cosponsor of the Domes- caravans arrived at the fort with trade tic Partnership Benefits and Obliga- goods. In the fall, tons of buffalo hides CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL tions Act of 2009, introduced by Sen- YEAR 2010—S. CON. RES. 13; FURTHER REVISIONS TO and other furs were shipped east. ators LIEBERMAN and COLLINS, which By 1841, the cottonwood log walls of THE CONFERENCE AGREEMENT PURSUANT TO SECTION would provide domestic partners of 401(c)(4) TO THE ALLOCATION OF BUDGET AUTHORITY Fort William had already begun to de- Federal employees all of the same pro- teriorate and were in need of replace- AND OUTLAYS TO THE SENATE APPROPRIATIONS COM- tections and benefits afforded to MITTEE AND THE SECTION 401(b) SENATE DISCRE- ment. The owners of the fort erected a spouses of Federal employees, includ- new adobe walled trading post nearby, TIONARY SPENDING LIMITS ing participation in applicable retire- [In millions of dollars] naming it Fort John. Like its prede- ment programs, compensation for work cessor, however, it was popularly re- Initial Revised injuries, and health insurance benefits. ferred to as Fort Laramie. As the buf- allocation/ Adjustment allocation/ I am also a cosponsor of the Tax Eq- limit limit falo robe trade declined, the number of uity for Health Plan Beneficiaries Act emigrants passing on their way to Cali- FY 2009 Discretionary Budget of 2009, which would end the taxation Authority ...... 1,480,686 1,515 1,482,201 fornia, Oregon, and Utah grew from a FY 2009 DiscretionaryOutlays .. 1,247,230 642 1,247,872 of health benefits provided to domestic trickle to a torrent. The fort rapidly FY 2010 Discretionary Budget partners in workplaces that provide do- became a major weigh station along Authority ...... 1,086,021 6 1,086,027 mestic partner health benefits to their FY 2010 Discretionary Outlays 1,307,240 ¥1,175 1,306,065 the emigrant trails. As a result, the employees. U.S. Government purchased the fort in f Providing benefits to domestic part- 1849 and officially named it Fort Lar- PRESIDENTIAL MEMORANDUM ners of Federal employees is long over- amie. due. I look forward to working with the Over the years, Fort Laramie filled a Mr. LEAHY. Mr. President, I am Obama administration and Members on variety of roles as one of the largest pleased that today President Obama both sides of the aisle to continue to and most important military post on issued a Presidential Memorandum on make progress towards equality in the the Northern Plains. The Northern Federal Benefits and Non-Discrimina- workplace. Plains tribes fiercely defended their tion that will extend a number of bene- f homeland against settlement by an fits to same-sex partners that are af- ever-expanding Nation. Numerous mili- 175TH ANNIVERSARY OF THE forded to spouses of Federal employees. tary campaigns were launched from the FOUNDING OF FORT LARAMIE I applaud the President for this effort fort. Important treaty negotiations to promote fairness in the workplace. Mr. BARRASSO. Mr. President, I rise with Indian tribes were also conducted It is a step in the right direction to- today to recognize the 175th anniver- at the fort. The most famous of these wards equalizing benefit coverage for sary of the founding of Fort Laramie, were the Horse Creek Treaty of 1851 all Federal employees. the first permanent settlement in what and the still contested Treaty of 1868. The memorandum will enable domes- would become the State of Wyoming. Eventually, Fort Laramie became a tic partners of civil service Federal em- In the spring of 1834, William center of commerce for local home- ployees to be added to their long-term Sublette led a supply caravan to the steaders and ranchers. Fort Laramie care insurance program, and enable annual fur trappers’ rendezvous held on saw rapid advances in communication employees to use their sick leave to the Ham’s Fork of the Green River. On and transportation technology. The take care of domestic partners and May 30, 1834, Sublette and his men Pony Express, the Transcontinental nonbiological, nonadopted children. paused to camp at the confluence of Telegraph, and stage lines passed The memorandum also extends a num- the Laramie and North Platte Rivers. through the fort. Fort Laramie truly ber of benefits to same-sex partners of It was here that Sublette and his part- became the ‘‘Crossroads of a Nation Foreign Service employees, including ner, Robert Campbell, agreed to build a Moving West.’’

VerDate Nov 24 2008 05:12 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.032 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6714 CONGRESSIONAL RECORD — SENATE June 17, 2009 With the end of the Indian wars, Fort tional steps that countries can still strong. Last but not least, Abe led the nation Laramie’s usefulness to the govern- take. through the Civil War as Commander in ment rapidly faded. The fort was aban- The Holocaust left a scar that will Chief. President Abraham Lincoln put slavery to doned in 1890 and sold at public auc- not be removed by the Prague Con- a halt when he signed the Emancipation tion. Fort Laramie slowly deteriorated ference. But this upcoming gathering Proclamation to abolish slavery. Today, this over the next 48 years and nearly suc- provides an opportunity for govern- has had a huge impact on us. The slavery cumbed to the ravages of time. On July ments to make tangible and meaning- halt is one of the reasons we have our 44th 16, 1938, President Franklin D. Roo- ful progress in addressing this painful President Barrack Obama. If we still had sevelt signed a proclamation creating chapter of history. I commend the slavery, we might be two separate nations, the Fort Laramie National Monument. Czech Republic for taking on the lead- the North and the South, and many of the opportunities for African Americans that we With the determined efforts of local ership of organizing this meeting and have today, simply would not have been pos- citizens and Wyoming State legisla- welcome the appointment of Ambas- sible. When Abe stopped slavery it still tors, the preservation of the site is se- sador Stuart E. Eizenstat, former didn’t stop people from doing horrible things cure. The fort was redesignated a Na- Treasury Deputy Secretary and former to people. Slavery had ended, but segrega- tional Historic Site by an act of Con- Department of State Under Secretary tion and racial discrimination started. That gress on April 29, 1960. It was listed on for Economic Affairs, to head the U.S. was the worst part. Many of these things the National Register of Historic delegation to the Prague Conference. have taken more than a century to bring Ambassador Eizenstat is uniquely about change. We went through a time when Places in 1966. In 1978, it was expanded African American people couldn’t even go to to its present size of 835 acres by an act qualified to represent the United school or ride on the bus with others, or they of Congress. States at this historic gathering. had to sit in the back. I believe if it weren’t The Fort Laramie National Historic I would like to express my gratitude for Abraham Lincoln, some of these changes Site is administered by the National to Senators KERRY and LUGAR, the might not have even come about and we Park Service and is open to the public chair and ranking member, respec- might still have segregation in schools and throughout the year. Interpretive pro- tively, of the Foreign Relations Com- public transportation. I believe that Lin- grams are offered with living history mittee, for cosponsoring and reporting coln’s feelings regarding race and equality were summed up when he said, ‘‘but there is talks and demonstrations available in this resolution expeditiously. only one race, the human race.’’ the summer months. These programs f President Lincoln kept the country to- offer visitors a chance to experience gether at a time when the southern half of REMEMBERING ABRAHAM life on the frontier. the nation was trying to separate from the The site has an intensive preserva- LINCOLN Union over the issue of slavery. Lincoln said, tion program to ensure the integrity of Mr. BURRIS. Mr. President, born in a ‘‘This nation cannot exist half slave and half the historic structures for generations log cabin west of the Appalachians, free’’ and that ‘‘A house divided against Abraham Lincoln grew up in an aver- itself cannot stand.’’ The quote is relative to to come. Ten historic buildings have Abraham Lincoln holding the nation in one been completely restored and refur- age family with modest means. Yet de- or in other words us being one with each nished. These allow visitors a rare spite only 18 months of education and other as a nation. Had Lincoln not taken glimpse into the daily workings of a family hardships, Lincoln’s strength of such a strong stand against slavery, and had 19th century Indian Wars military character, persistence, and drive are the strength and courage to hold this coun- post. The ruins and foundations of nu- among the many reasons he remains try together, our country might not be what merous other buildings are also pre- relevant to Americans today. Lincoln’s it is today. Lincoln held strong to his faith served at this nationally significant legacy continues to impact the young and beliefs even though he knew it would bring about the Civil War. historic treasure. and old alike even as our country Abe led the country through war as Com- In celebration of the 175th anniver- changes and grows. mander in Chief, leading with pride and hope sary of the founding of Fort Laramie, I In an attempt to celebrate the life of for our country. He had entered his Presi- invite my colleagues to visit the Fort the great Abraham Lincoln, an essay dency with a task before him greater than he Laramie National Historic Site. I con- contest was held in Illinois, ‘‘The Land felt he himself could handle, but felt that gratulate the staff and volunteers of Lincoln.’’ Students across the State with God’s help and for the sake of our na- whose dedication makes this piece of answered the question: Why is Abra- tion, he could not fail. Had Lincoln not had our history available to visitors from ham Lincoln still important today? the courage to lead us into and through the The following essays celebrate the life Civil War, for the cause that he believed was all over the world. right, where would our country be today? f and legacy of Lincoln and at the same Our nation and the world only have one time showcase the talent of young peo- race, the human race. I believe that Presi- PRAGUE CONFERENCE ON ple across the great State of Illinois. I dent Lincoln believed this, and took a stand HOLOCAUST ASSETS congratulate Megan Hendrickson, on his beliefs that have had more than a Mr. CARDIN. Mr. President, I am de- Ahsan Jiva, and Hannah Binnion for hundred years of changes in our nation. We lighted the Senate is poised to consider their extraordinary essays, and I en- all can see why Abraham Lincoln is impor- and pass S. Con. Res. 23 in support of courage all students to continue to ex- tant today by looking at history and seeing the goals and objectives of the Prague the changes that have taken place over time plore the history and lessons of our re- regarding race and equality. We should all Conference on Holocaust Era Assets. markable 16th President. work together as one nation to continue The Prague Conference, which will be I ask unanimous consent to have the President Abraham Lincoln’s legacy and be- held June 26 through June 30, will serve following three essays printed in the lief that all men are created equal. as a forum to review the achievements RECORD. of the 1998 Washington Conference on There being no objection, the mate- WHY IS ABRAHAM LINCOLN STILL IMPORTANT Holocaust Era Assets. That meeting rial was ordered to be printed in the TODAY? (By Ahsan Jiva, Grade 5, Mrs. L. Anderson) brought together 44 nations, 13 non- RECORD, as follows: Abraham Lincoln lived a great life. I don’t governmental organizations, scholars, WHY IS ABRAHAM LINCOLN STILL IMPORTANT think there will ever be a person as special and Holocaust survivors, and helped TODAY? channel the political will necessary to and important as him. He helped stop slav- (By Megan Hendrickson, Sixth Grade, Miss ery, he had famous speeches, and served as address looted art, insurance claims, Jaskowiak) president. The list goes on and on. And that communal property, and archival At the beginning of creation God created is why he still means so much to us today. issues. The conference also examined mankind in his own image with the intent Abraham Lincoln grew up in Hardin Coun- the role of historical commissions and that all would be treated equally. On Janu- try, Kentucky in 1809. As a child, Abraham Holocaust education, remembrance, ary 1, 1863 President Abraham Lincoln estab- Lincoln didn’t go to school much, which to and research. While the Washington lished a document called the Emancipation me is really hard to believe. When Lincoln Conference was enormously useful, Proclamation freeing the African American grew older, the chopped rails and fences for slaves from their slave owner’s farms. But a living. Even though he didn’t go to college, more can and should be done in all of still, why is Abraham Lincoln still impor- he was still able to be a lawyer. After that he these areas. Accordingly, the Prague tant today? First, Abe Lincoln abolished tried for the senate. But he didn’t make it. Conference provides an important op- slavery. Next he kept the nation as one so we Those are just some of the reasons why Lin- portunity to identify specific addi- would act as one nation not two, and remain coln is honored and respected today.

VerDate Nov 24 2008 05:12 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.026 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6715 After working a lot, Abraham Lincoln fi- memory of Luke Cole, a leading envi- Lexington. He was nominated by Bech- nally became the sixteenth president of the ronmental attorney and founder and tel Parsons and subsequently selected United States. He married Mary Todd Lin- executive director of the Center on as the recipient of the Kentucky Small coln and had four children. He went against Race, Poverty and the Environment. Business Person of the Year award. Not slavery and tried to prove that to people who didn’t believe slavery should be stopped. He Mr. Cole passed away on June 6th as only was Tom Masterson honored at has once said, ‘‘Whenever I hear anyone ar- the result of a car accident in Uganda. the Governor’s Mansion in Frankfort, guing for slavery, I feel a strong impulse to He was 46 years old. but the award was also presented dur- see it tried on him personally.’’ He fought for Luke Cole was born in North Adams, ing National Small Business Week in the slaves’ freedom in the Civil War and won. MA, on July 15, 1962. He spent parts of Washington, DC. As stated by Presi- He signed the Emancipation Proclamation his childhood in New York and Santa dent Obama at a White House cere- and set all the slaves free. But during the Barbara, where his father was an art mony, Masterson started the business Civil War, Lincoln gave one of the most bril- historian at the University of Cali- with his own funds and worked from liant speeches of all time. It wasn’t very long his own home until he landed his first but it had tons of meaning. It was called the fornia at Santa Barbara. During this Gettysburg Address. He gave it after the bru- period, Mr. Cole often accompanied his contract. Today, he now employs 75 tal battle of Gettysburg, Pennsylvania. That father on research trips to Nigeria. He people and has more than $12 million of speech made him famous back then and what graduated from Stanford University annual revenue. makes him important today. and Harvard Law School. I now ask my fellow colleagues to Even though he is not with us today, he is Mr. Cole decided against potentially join me in congratulating Tom very hard to forget. He is on the penny and more lucrative career paths in favor of Masterson, the recipient of the Small fiver dollar bill. He also has famous monu- one that allowed him to follow his Business Person of the Year for Ken- ments made for him, such as the Lincoln Me- tucky award. His work ethic and dedi- morial and Mount Rushmore. He will espe- heart and enable him to make an im- pact on issues that he cared about cation are to be admired and he is an cially remembered in Illinois, because he ∑ spent a lot of his time here. He’s known for most deeply: social justice and the en- inspiration to us all. his tall hat and the first president with a vironment. As a result of Mr. Cole’s de- f beard. He was also fond of pets. He is known termination and vision, what began RECOGNIZING SHAWN P. MOORE for his many quotes, such as ‘‘I leave you, with a desk and a phone at a friend’s ∑ Mr. BUNNING. Mr. President, today I hoping that the lamp of liberty will burn in office became the San Francisco-based would like to recognize Mr. Shawn P. your bosom, until there shall no longer be nonprofit law center, the Center on, doubt, that all men are created equal’’. Moore as a recipient of the 2009 James Race, Poverty and the Environment. There are many more credentials of Abra- Madison Memorial Fellowship. Mr. Today, the center has a staff of 20 and ham Lincoln, but I think I’ll stop right there Moore is a teacher at Russell High offices throughout central California. because I don’t think there are enough pieces School in Russell, KY, and was given Mr. Cole’s accomplishments as the of paper to list all of Lincoln’s accomplish- this award as a result of his success at ments. executive director of the Center on the 18th annual fellowship competition. Abraham Lincoln was living a great life Race, Poverty and the Environment but sadly it had to end because while he was Mr. Moore was selected for a James were numerous and significant. From Madison Fellowship in competition enjoying a play at Fords Theater, he was as- the rural communities of California’s sassinated by John Wilkes Booth in 1865. He with applicants from each of the 50 lived to be fifty-six years old. Lincoln’s San Joaquin Valley to a 4,000-year-old States and U.S. territories. This award death broke the heart of many people. He Inupiat Eskimo village in Kivalina, requires its recipient to teach Amer- was buried in Springfield, Illinois. AK, his legacy can be seen in the tradi- ican history or social studies in a sec- Abraham Lincoln will be missed a lot. His tionally underserved communities that ondary school for at least 1 year for death was very unfortunate, especially since he worked so hard to save from the ef- he was in his second term as president. He each year of fellowship support. This fects of harmful pollutants. His fellowship is directed toward current was important in so many ways. Although he unyielding commitment to environ- is not with us today he will be remembered and prospective teachers of American forever. mental justice inspired and empowered history and social studies and supports many people from minority commu- graduate study of the history and prin- WHY IS ABRAHAM LINCOLN STILL IMPORTANT nities to take a more active role in ciples of the Constitution of the United TODAY? combating environmental racism. States. (By Hannah Binnion, Grade 3, Miss Alday) In addition to his leadership of the Again, I congratulate Mr. Moore for Abraham Lincoln is still important today Center on Race, Poverty and the Envi- his hard work and thank him for his because he was honest. He had a customer ronment, Mr. Cole also served on the dedication to shaping the minds of that paid too much so he ran miles to give United States Environmental Protec- young Kentuckians. It is teachers like her extra change back. Abe didn’t like slav- tion Agency’s National Justice Advi- Mr. Moore who will ensure that there ery so he made a law when he was the presi- sory Council and taught environmental will always be a bright future for the dent stating ‘‘There was to be no more justice seminars at Stanford Law slaves.’’ This law helped free slaves. It Commonwealth.∑ seemed that he cared not only for himself School and UC Berkeley’s Boalt Hall f but for others as well. He wanted to avoid School of Law. A man of many inter- war at any cost it was difficult. ests, he was also a dedicated bird CONGRATULATING BEECHWOOD President Lincoln liked to be funny and watcher and root beer connoisseur, and HIGH SCHOOL IN KENTUCKY kind. He loved books for fun and to learn. possessed an extensive collection of ∑ Mr. BUNNING. Mr. President, I Lincoln set an example that if we helped oth- miniature spy cameras and bobblehead would like to take this time to con- ers even if their from different cultures we’ll dolls. He will be missed. gratulate Beechwood High School in get along better. I feel this is why Abraham Lincoln is still Mr. Cole is survived by his wife Fort Mitchell, KY. important today. I feel that it is important Nancy Shelby; father Herbert; mother Newsweek magazine recently pub- for us to be honest and not think of people Alexandra Cole, and stepmother Shel- lished a list of the top 1,500 public from different cultures as bad and different ley Cole; two brothers Peter and Thom- schools in the country. The 15 schools then we are because of who they are, we as; sister, Sarah; stepbrother Daryn; that made the list from Kentucky rank should be treated equal. and son Zane.∑ among the top 6 percent of public Lincoln set an example that if we follow f schools in the Nation. What is even his example, it would make us and our com- more impressive is that Kentucky had munity better. He helped us regain our free- COMMENDING TOM MASTERSON dom for our countries rights. three more schools ranked this year ∑ Mr. BUNNING. Mr. President, today I than in 2008, showing improvement in f pay tribute to Tom Masterson for being our State’s schools. Placing as 1 of 15 ADDITIONAL STATEMENTS selected by the U.S. Small Business schools from Kentucky on this list, Administration as the Kentucky Small Beechwood High School has earned na- Business Person of the Year. tional recognition for the fine perform- REMEMBERING Tom Masterson is president of T.E.M. ance of its students and faculty. ∑ Mrs. BOXER. Mr. President, I ask my Electric Company, a minority-owned I am proud of the students of Beech- colleagues to join me in honoring the firm with offices in both Louisville and wood High School. Their commitment

VerDate Nov 24 2008 05:23 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.034 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6716 CONGRESSIONAL RECORD — SENATE June 17, 2009 to education is an example for the en- more impressive is that Kentucky had sight Committee, as well as the Demo- tire Commonwealth and I take pride in three more schools ranked this year cratic Party Caucus. recognizing them on the floor of the than in 2008, showing improvement in I ask my colleagues to join me, Dele- U.S. Senate.∑ our State’s schools. Placing as 1 of 15 gate Krysiak’s colleagues, family, and friends in thanking Carolyn for her f schools from Kentucky on this list, Highlands High School has earned na- dedication and commitment to public CONGRATULATING tional recognition for the fine perform- service and wishing her a happy birth- CAMPBELLSVILLE UNIVERSITY ance of its students and faculty. day.∑ ∑ Mr. BUNNING. Mr. President, today I I am proud of the students of High- f congratulate Campbellsville University lands High School. Their commitment 125TH ANNIVERSARY OF for competing in the National Associa- to education is an example for the en- BOTTINEAU, NORTH DAKOTA tire Commonwealth and I take pride in tion of Intercollegiate Athletics, NAIA, ∑ Mr. CONRAD. Mr. President, I am World Series in Lewiston, ID. This is recognizing them on the floor of the U.S. Senate.∑ pleased today to recognize a commu- the first time the Campbellsville Uni- nity in North Dakota that is cele- versity Tigers have in the school’s his- f brating its 125th anniversary. On June tory made it to the first round of the CONGRATULATING MALE 18 to 21, the residents of Bottineau will NAIA World Series. TRADITIONAL HIGH SCHOOL gather to celebrate their community’s Head coach Beauford Sanders has led ∑ Mr. BUNNING. Mr. President, I history and founding. the Campbellsville University Tigers to Originally founded in 1883 as Oak the NAIA Region XI Qualifier six times would like to take this time to con- gratulate Male Traditional High Creek, the town was designated the in the past 11 years. In addition to county seat in 1884. It changed its their achievements on the field, the CU School in Louisville, KY. Newsweek magazine recently pub- name to Bottineau, taking its new Tigers also have achieved in the class- name from Pierre Bottineau, a pioneer, room a graduation rate of 90 percent of lished a list of the top 1,500 public schools in the country. The 15 schools hunter, and frontiersman. 3 years later, players reaching senior status and a 1 that made the list from Kentucky rank the town relocated 1 ⁄2 miles so that it cumulative grade point average of 3.0. would be along the newly installed rail- Again, I congratulate Campbellsville among the top 6 percent of public schools in the Nation. What is even road tracks. The town lies in north- University for making it into the NAIA central North Dakota and is now home World Series. The CU Tigers have given more impressive is that Kentucky had three more schools ranked this year to over 2,000 residents. Kentuckians a team that we can hang Today, Bottineau has many things to than in 2008, showing improvement in our hat on and be proud to call our be proud of. The Bottineau County Fair our State’s schools. Placing as 1 of 15 own. I commend the CU Tigers baseball is North Dakota’s oldest county fair. schools from Kentucky on this list, team for their achievements not only The county also houses Bottineau Win- Male Traditional High School has on the field but also for their academic ter Park, often called the Jewel Above accomplishments.∑ earned national recognition for the fine the Prairie, which remains a perennial performance of its students and fac- f attraction. And the town of Bottineau ulty. is known for ‘‘Tommy Turtle,’’ the CONGRATULATING EASTERN HIGH I am proud of the students of Male world’s largest turtle, which stands 30 SCHOOL Traditional High School. Their com- feet tall and is said to have been built mitment to education is an example for ∑ as a symbol of the Turtle Mountains. Mr. BUNNING. Mr. President, I the entire Commonwealth and I take would like to take this time to con- The citizens of Bottineau clearly pride in recognizing them on the floor value education, as their town is home gratulate Eastern High School in Lou- of the U.S. Senate.∑ isville, KY. to Minot State University’s Bottineau Newsweek magazine recently pub- f Campus. Apart from its academic suc- lished a list of the top 1,500 public COMMENDING DELEGATE cess, the campus has also seen athletic schools in the country. The 15 schools CAROLYN J. KRYSIAK success in recent years, with the Lum- berjacks hockey team claiming three that made the list from Kentucky rank ∑ Mr. CARDIN. Mr. President, I con- among the top 6 percent of public consecutive national championships in gratulate Delegate Carolyn J. Krysiak the last 3 years. Both the Lumberjacks schools in the Nation. What is even on the occasion of her 70th birthday. more impressive is that Kentucky had and the Ladyjacks have had accom- Carolyn is a mother of five children plished seasons in the past several three more schools ranked this year whose husband Charles served with me than in 2008, showing improvement in years. Additionally, the campus has in the Maryland House of Delegates added new sports teams in recent our State’s schools. Placing as 1 of 15 and then as chairman of the Maryland schools from Kentucky on this list, years—something that bodes well for Workers’ Compensation Commission. the future of the school. Eastern High School has earned na- Carolyn became interested in public In honor of the city and county’s tional recognition for the fine perform- service to serve her community. She 125th anniversary, officials have orga- ance of its students and faculty. served on boards that worked to create nized a vibrant celebration that in- I am proud of the students of Eastern jobs and to support and attract neigh- cludes basketball and golf tour- High School. Their commitment to borhood businesses. She was a founding naments, art and quilt shows, class and education is an example for the entire member of the Southeast Senior Hous- city gatherings, games for the young Commonwealth and I take pride in rec- ing Initiative and an active member of and old, a dance, and a centennial pa- ognizing them on the floor of the U.S. the Polish Women’s Alliance and the rade. Senate.∑ Polish Home Club. Mr. President, I ask the Senate to f Carolyn was elected to the Maryland join me in congratulating Bottineau, House of Delegates in 1990. She has ND, and its residents on their first 125 CONGRATULATING HIGHLANDS served her constituents in Baltimore years and in wishing them well in the HIGH SCHOOL City and the State of Maryland with future. By honoring Bottineau and all ∑ Mr. BUNNING. Mr. President, I distinction. As a member of the House other historic small towns of North Da- would like to take this time to con- Economic Matters Committee, she has kota, we keep the great pioneering gratulate Highlands High School in provided leadership on subcommittees frontier spirit alive for future genera- Fort Thomas, KY. dealing with such diverse issues as tions. It is places such as Bottineau Newsweek magazine recently pub- health insurance, real property, unem- that have helped shape this country lished a list of the top 1,500 public ployment insurance, property and cas- into what it is today, which is why this schools in the country. The 15 schools ualty insurance, and business regula- fine community is deserving of our rec- that made the list from Kentucky rank tion. She has chaired the House Facili- ognition. among the top 6 percent of public ties Committee and the Worker’s Com- Bottineau has a proud past and a schools in the Nation. What is even pensation Benefit and Insurance Over- bright future.∑

VerDate Nov 24 2008 05:12 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.028 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6717 125TH ANNIVERSARY OF Located in south central North Da- tion to public service is truly an inspi- BRADDOCK, NORTH DAKOTA kota, Napoleon’s beautiful parks and ration and should serve as an example ∑ Mr. CONRAD. Mr. President, I am recreation provide its residents with to us all. pleased today to recognize a commu- great enjoyment. Napoleon Country Born in Ambridge, PA, in 1917, Ms. nity in North Dakota that is cele- Club is a picturesque nine-hole golf Paliani entered public service as a stu- brating its 125th anniversary. On June course located just 1 mile outside of dent at Ambridge Senior High School, 25 to 28, the residents of Braddock will the city. The Napoleon City Park has serving as a youth worker for the Na- gather to celebrate their community’s 12 campsites along with basketball, tional Youth Administration of the history and founding. tennis, and volleyball courts. Beaver War Department in 1936. In 1940, she of- Settlers first came to the area in 1883 Lake State Park is also nearby which ficially began her Federal career work- and founded Braddock shortly there- provides fantastic hunting, fishing, and ing for the War Department’s Museum after, making it the oldest existing boating. Project. In March 1947, Ms. Paliani town in Emmons County. Located in Today, Napoleon is a rural agricul- joined the Immigration and Naturaliza- south-central North Dakota, Braddock tural community that is excited to cel- tion Service, INS, Philadelphia office. was established as the first railroad ebrate its quasquicentennial. Cur- And 2 years later, she was transferred town in the county. Frederick Under- rently, Napoleon is building an eleva- to the INS headquarters in Washington wood, president of the Soo Railroad, tor which will provide improved service DC, where she has spent the last 60 named the town in honor of his good to a unit train for grain hauling, and years working to make our Nation’s friend, County Auditor Edward Brad- wind farm projects are beginning in the immigration system work more effi- dock. city. ciently. Today, Braddock remains a close- To celebrate its 125th anniversary, At the INS, Ms. Paliani quickly knit community. Though small, Brad- Napoleon held a number of exciting gained a reputation for her friendly de- dock is known across the State for the events. The Opening Ceremony in- meanor, gentle smile, and steadfast popular Johnny Holm concerts it hosts cluded music, city hall dignitaries, and commitment to government service. every year, as well as for the excellent a fly over. The festivities continued all She is now retiring from her job as sec- hunting grounds in the area. The citi- weekend with entertainment such as a retary to the deputy assistant director zens of Braddock are very involved in softball tournament, 4–H and Future for the Critical Infrastructure and their community and have many active Farmers of America livestock show, Fraud Division. Her long and produc- organizations, including Saint craft vendor show, 3 on 3 basketball tive tenure has been honored by many Katherine’s Altar Society, the Lions tournament and a magician, followed top government officials, including At- Club, the Senior Citizens Organization, by street dances at night. The events torney General Janet Reno, INS Com- and the South Central Threshers Asso- concluded on Sunday with a demolition missioner Doris Meissner, Secretary of ciation. derby. Homeland Security Michael Chertoff, Mr. President, I ask the Senate to The people of Braddock have planned and President Bill Clinton, who, in a join me in congratulating Napoleon, a lively celebration in honor of the note written to Ms. Paliani on the oc- ND, and its residents on their first 125 town’s 125th anniversary. Activities in- casion of her 80th birthday, wrote that years and in wishing them well in the clude a beard-judging contest, duck her devotion to her work ‘‘. . . serves future. By honoring Napoleon and all race, tractor trek, fashion show, out- as an example of caring and leadership the other historic small towns of North door concerts, and a parade. to which we can all aspire.’’ I couldn’t Dakota, we keep the great tradition of Mr. President, I ask the Senate to agree more. the pioneering frontier spirit alive for I extend to Ms. Paliani my sincerest join me in congratulating Braddock, future generations. It is places such as thanks for her years of service and her ND, and its residents on their first 125 Napoleon that have helped to shape dedication to this country that we years and in wishing them well in the this country into what it is today, love, and I wish her all the best on a future. By honoring Braddock and all which is why the community of Napo- well deserved retirement. I know that other historic small towns of North Da- leon is deserving of our recognition. her friends and coworkers at ICE will kota, we keep the great pioneering Napoleon has a proud past and a miss her greatly, but I am confident frontier spirit alive for future genera- bright future.∑ that she will continue to serve as a tions. It is places such as Braddock model of hard work and commitment that have helped shape this country f for all public servants to emulate. into what it is today, which is why this COMMENDING ERMA MARY Thank you, Ms. Erma Mary Paliani. fine community is deserving of our rec- PALIANI The country is a better place because ognition. ∑ Mr. LIEBERMAN. Mr. President, of you. We are all grateful for your Braddock has a proud past and a Washington is a city of big names and selfless dedication to your government bright future.∑ big personalities, many of whom are and your Nation.∑ f used to the recognition and praise that f comes with a high-profile career in 125TH ANNIVERSARY OF public service. But, as we all know, COMMENDING ALLAGASH NAPOLEON, NORTH DAKOTA hundreds of thousands of unsung public BREWING COMPANY ∑ Mr. CONRAD. Mr. President, I wish servants work behind the scenes every ∑ Ms. SNOWE. Mr. President, in to- to recognize a community in North Da- day to secure the future of America day’s uncertain and difficult economic kota that is celebrating its 125th anni- and improve the lives of its citizens. climate, countless small businesses are versary. On June 11 to 14, the residents Today, I want to pay tribute to one of seeking new tools and resources to stay of Napoleon gathered to celebrate their those public servants, who is as deserv- afloat. That is why we passed the community’s history and founding. ing of the public’s gratitude and rec- American Recovery and Reinvestment Founded in 1884, Geo H. Cook from ognition as any officeholder with a Act—to get our economy on the right Steele, ND, first surveyed and platted household name: Erma Mary Paliani. track, and to help those business own- the Napoleon town site. The city was On July 3, Ms. Paliani, who currently ers in need of a lifeline to outlast this named after the president of the Napo- works for Immigration and Customs recession. I rise today to recognize a leon Townsite Company, Napoleon Enforcement, ICE, Office of Investiga- small brewer from my home State of Goodsill. This company constructed tions, will retire after serving her Maine that is making use of a critical the first building in Napoleon. It soon country for over 67 years. Ms. Paliani, provision that was included in the bill. became the county seat, a title the city or ‘‘Ms. Erma’’ as she is affectionately Allagash Brewing Company is a small still holds today despite numerous referred to by her coworkers at ICE, is brewery based in Maine’s largest city, challenges over the years. In 1914, Na- the longest serving employee in the De- Portland. Founded in 1995 by owner poleon became incorporated as a vil- partment of Homeland Security and Rob Tod, Allagash’s mission was to fill lage and later was recognized as a city the eighth longest serving employee in a missing niche in American craft in 1947. the Federal Government. Her dedica- brewing movement—Belgian style

VerDate Nov 24 2008 05:12 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.031 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6718 CONGRESSIONAL RECORD — SENATE June 17, 2009 beers. Mr. Tod noticed the prevalence MESSAGES FROM THE PRESIDENT the treatment of the nonprofit corporation of British and German style beers, but affiliate of the Bank as a community devel- Messages from the President of the opment financial institution for purposes of felt that consumers were missing out United States were communicated to on a quality product. And so, he began the Community Development Banking and the Senate by Mr. Williams, one of his Financial Institutions Act of 1994; to the producing Allagash White, his version secretaries. Committee on Banking, Housing, and Urban of the traditional Belgian white beer. f Affairs. It was an immediate hit in the Port- H.R. 2247. An act to amend title 5, United land area, and Mr. Tod soon began EXECUTIVE MESSAGES REFERRED States Code, to make technical amendments shipping the beer across Maine. He also As in executive session the Presiding to certain provisions of title 5, United States hired two additional brewers and em- Officer laid before the Senate messages Code, enacted by the Congressional Review barked on the production of a new Act; to the Committee on Homeland Secu- from the President of the United rity and Governmental Affairs. Allagash Double Ale, modeled after an- States submitting sundry nominations H.R. 2470. An act to designate the facility other Belgian style established by and a withdrawal which were referred of the United States Postal Service located Trappist monks centuries ago, and still to the appropriate committees. at 19190 Cochran Boulevard FRNT in Port popular to this day. Over time, (The nominations received today are Charlotte, Florida, as the ‘‘Lieutenant Com- Allagash’s line of beers has grown to printed at the end of the Senate pro- mander Roy H. Boehm Post Office Building’’; include roughly 20 exquisite styles ceedings.) to the Committee on Homeland Security and Governmental Affairs. available in over 20 States nationwide, f including a ‘‘Reserve’’ line of distinc- f MESSAGES FROM THE HOUSE tive beers that have been fermented EXECUTIVE AND OTHER twice, through a time-honored process At 9:33 a.m., a message from the COMMUNICATIONS known as the me´thode champenoise. House of Representatives, delivered by Mrs. Cole, one of its reading clerks, an- The following communications were As a unique way to give back to the nounced that the House agrees to the laid before the Senate, together with greater Portland community, the brew- report of the committee of conference accompanying papers, reports, and doc- ery has established an Allagash Trib- on the disagreeing votes of the two uments, and were referred as indicated: ute Series, whereby the company do- Houses on the bill (H.R. 2346) making EC–2011. A communication from the Execu- nates $1 from the sale of every bottle of supplemental appropriations for the tive Director, Commodity Futures Trading specific beers to local nonprofits, char- fiscal year ending September 30, 2009, Commission, transmitting, pursuant to law, ities, and other civic organizations. and for other purposes. the report of a rule entitled ‘‘Significant For example, sale of the Fluxus variety Price Discovery Contracts on Exempt Com- helps the Allagash Pediatric Scholar- At 11:14 a.m., a message from the mercial Markets; Final Rule’’ (RIN3038– ship, established to support the train- AC76) received in the Office of the President House of Representatives, delivered by of the Senate on June 11, 2009; to the Com- ing of nurses at the Maine Medical Cen- Mrs. Cole, one of its reading clerks, an- mittee on Agriculture, Nutrition, and For- ter. Additionally, the sale of Hugh Ma- nounced that the House has passed the estry. lone Ale assists the Maine Organic following bill, without amendment: EC–2012. A communication from the Execu- Farmers and Gardeners Association, S. 614. An act to award a Congressional tive Director, Commodity Futures Trading America’s oldest and largest coalition Gold Medal to the Women Airforce Service Commission, transmitting, pursuant to law, of State organic farmers with over 5,500 Pilots (‘‘WASP’’). the report of a rule entitled ‘‘Conflicts of In- members. And Victoria Ale benefits the terest in Self-Regulation and Self-Regu- The message also announced that the latory Organizations’’ (RIN3038–AC28) re- restoration of downtown Portland’s House has passed the following bills, in ceived in the Office of the President of the Victoria Mansion, a national historic which it requests the concurrence of Senate on June 11, 2009; to the Committee on landmark. the Senate: Agriculture, Nutrition, and Forestry. In addition to caring for its neigh- H.R. 403. An act to provide housing assist- EC–2013. A communication from the Gen- ance for very low-income veterans. eral Counsel of the Department of Defense, bors, Allagash takes care of its own transmitting, the report of proposed legisla- employees. Mr. Tod offers health care H.R. 780. An act to promote the safe use of the Internet by students, and for other pur- tion relative to the Defense Cyber Crime to all 20 of his employees. Further- poses. Center: Authority to Admit Private Sector more, to invest in his company’s—and, H.R. 1674. An act to amend the National Civilians to Cyber Security Courses and the therefore, his employees’—future, Mr. Consumer Cooperative Bank Act to allow for National Defense Authorization Bill for Fis- Tod has already taken advantage of a the treatment of the nonprofit corporation cal Year 2010; to the Committee on Armed small business expensing provision affiliate of the Bank as a community devel- Services. that was part of the Recovery Act opment financial institution for purposes of EC–2014. A communication from the Gen- the Community Development Banking and eral Counsel of the Department of Defense, signed into law earlier this year. The transmitting, the report of proposed legisla- measure provides an extension for 2009 Financial Institutions Act of 1994. H.R. 2247. An act to amend title 5, United tion relative to the National Defense Au- of enhanced section 179 small business States Code, to make technical amendments thorization Bill for Fiscal Year 2010; to the expensing at a level of $250,000, allow- to certain provisions of title 5, United States Committee on Armed Services. ing small businesses in Maine and Code, enacted by the Congressional Review EC–2015. A communication from the Sec- throughout the Nation to make invest- Act. retary of Defense, transmitting a report on ments in plant and equipment that H.R. 2470. An act to designate the facility the approved retirement of Lieutenant Gen- they can deduct immediately instead of the United States Postal Service located eral Richard S. Kramlich, United States Ma- at 19190 Cochran Boulevard FRNT in Port rine Corps, and his advancement to the grade of depreciating over a period of 5, 7, or of lieutenant general on the retired list; to more years. This offers entrepreneurs Charlotte, Florida, as the ‘‘Lieutenant Com- mander Roy H. Boehm Post Office Building’’. the Committee on Armed Services. like Rob Tod the ability to grow and EC–2016. A communication from the Under f bolster their businesses despite the Secretary of Defense for Acquisition, Tech- troubling economic picture. MEASURES REFERRED nology and Logistics, transmitting, pursuant The following bills were read the first to law, a report relative to the E–2D Ad- A small brewery with a big heart, vanced Hawkeye (AHE) Program; to the Allagash Brewing Company’s commit- and the second times by unanimous Committee on Armed Services. ment to community and employees is consent, and referred as indicated: EC–2017. A communication from the Sec- impressive, and a model for other small H.R. 403. An act to provide housing assist- retary of the Treasury, transmitting, pursu- businesses. Additionally, Allagash is ance for very low-income veterans; to the ant to law, the six-month periodic report on working in smart and effective ways to Committee on Banking, Housing, and Urban the national emergency with respect to the emerge from this recession stronger Affairs. Western Balkans that was declared in Execu- than before. I commend Rob Tod and H.R. 780. An act to promote the safe use of tive Order 13219 of June 26, 2001; to the Com- the Internet by students, and for other pur- mittee on Banking, Housing, and Urban Af- everyone at Allagash for their stellar poses; to the Committee on Health, Edu- fairs. work ethic and their fine products, and cation, Labor, and Pensions. EC–2018. A communication from the Sec- wish them much success in crafting a H.R. 1674. An act to amend the National retary of the Treasury, transmitting, pursu- solid future.∑ Consumer Cooperative Bank Act to allow for ant to law, the six-month periodic report on

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.049 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6719 the national emergency with respect to Bluefin Tuna Quota Specifications and Ef- the Senate on June 11, 2009; to the Com- North Korea that was declared in Executive fort Controls’’ (RIN0648–AX12) received in mittee on Finance. Order 13466 of June 26, 2008; to the Com- the Office of the President of the Senate on EC–2036. A communication from the Chief mittee on Banking, Housing, and Urban Af- June 11, 2009; to the Committee on Com- of Publications and Regulations, Internal fairs. merce, Science, and Transportation. Revenue Service, Department of the Treas- EC–2019. A communication from the Chief EC–2028. A communication from the Direc- ury, transmitting, pursuant to law, the re- Counsel, Federal Emergency Management tor, Regulatory Management Division, Envi- port of a rule entitled ‘‘Guidance Under Sec- Agency, Department of Homeland Security, ronmental Protection Agency, transmitting, tion 7874 Regarding Surrogate Foreign Cor- transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled porations’’ (RIN1545–BI81) received in the Of- a rule entitled ‘‘Suspension of Community ‘‘Rulemaking to Reaffirm the Promulgation fice of the President of the Senate on June Eligibility’’ ((44 CFR Part 64)(Docket ID of Revisions of the Acid Rain Program 11, 2009; to the Committee on Finance. FEMA–2008–0020)) received in the Office of Rules’’ (RIN2060–AP35) received in the Office EC–2037. A communication from the Chief the President of the Senate on June 12, 2009; of the President of the Senate on June 11, of Publications and Regulations, Internal to the Committee on Banking, Housing, and 2009; to the Committee on Environment and Revenue Service, Department of the Treas- Urban Affairs. Public Works. ury, transmitting, pursuant to law, the re- EC–2020. A communication from the Chief EC–2029. A communication from the Direc- port of a rule entitled ‘‘Application of Sepa- Counsel, Federal Emergency Management tor, Regulatory Management Division, Envi- rate Limitations to Dividends from Noncon- Agency, Department of Homeland Security, ronmental Protection Agency, transmitting, trolled Section 902 Corporations’’ (RIN1545– transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled BB28) received in the Office of the President a rule entitled ‘‘Changes in Flood Elevation ‘‘Inclusion of CERCLA Section 128(a) State of the Senate on June 11, 2009; to the Com- Determinations; Interim Rule’’ ((44 CFR Response Programs and Tribal Response Pro- mittee on Finance. Part 65)(Docket ID FEMA–2008–0020)) re- grams’’ (RIN2050–AG53) received in the Office EC–2038. A communication from the Broad- ceived in the Office of the President of the of the President of the Senate on June 11, casting Board of Governors, transmitting, Senate on June 12, 2009; to the Committee on 2009; to the Committee on Environment and pursuant to law, the report of proposed legis- Banking, Housing, and Urban Affairs. Public Works. lation relative to Radio Free Asia and Radio EC–2021. A communication from the Chief EC–2030. A communication from the Direc- Free Europe/Radio Liberty; to the Com- Counsel, Federal Emergency Management tor, Regulatory Management Division, Envi- mittee on Foreign Relations. Agency, Department of Homeland Security, ronmental Protection Agency, transmitting, EC–2039. A communication from the Sec- transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled retary of the Department of Education, a rule entitled ‘‘Suspension of Community ‘‘Approval and Promulgation of Air Quality transmitting, pursuant to law, the Semi- Eligibility; Final Rule’’ ((44 CFR Part Implementation Plans; Virginia; Northern annual Report from the office of the Inspec- 64)(Docket ID FEMA–2008–0020)) received in Virginia Reasonably Available Control Tech- tor General for the period from October 1, the Office of the President of the Senate on nology Under the 8–Hour Ozone National 2008, through March 31, 2009; to the Com- June 12, 2009; to the Committee on Banking, Ambient Air Quality Standard’’ (FRL No. mittee on Homeland Security and Govern- Housing, and Urban Affairs. 898–2) received in the Office of the President mental Affairs. EC–2022. A communication from the Gen- of the Senate on June 11, 2009; to the Com- EC–2040. A communication from the Dis- eral Counsel of the Department of Housing mittee on Environment and Public Works. trict of Columbia Auditor, transmitting a re- and Urban Development, transmitting, pur- EC–2031. A communication from the Direc- port entitled ‘‘Letter Report: Sufficiency Re- suant to law, a report of a confirmation in tor, Regulatory Management Division, Envi- view of the Water and Sewer Authority’s Fis- the position of Assistant Secretary for Pub- ronmental Protection Agency, transmitting, cal Year 2009 Revenue Estimate in Support lic and Indian Housing in the Department of pursuant to law, the report of a rule entitled of the Issuance of $300,000,000 in Public Util- Housing and Urban Development; to the ‘‘Alkyl Amine Polyalkoxylates; Exemption ity Senior Lien Revenue Bonds (Series Committee on Banking, Housing, and Urban from the Requirement of a Tolerance’’ (FRL 2009A)’’; to the Committee on Homeland Se- Affairs. No. 8418–6) received in the Office of the Presi- curity and Governmental Affairs. EC–2023. A communication from the Chief dent of the Senate on June 11, 2009; to the EC–2041. A communication from the Acting of Staff, Media Bureau, Federal Communica- Committee on Environment and Public Administrator, General Services Administra- tions Commission, transmitting, pursuant to Works. tion, Department of Defense and National law, the report of a rule entitled ‘‘Television EC–2032. A communication from the Direc- Aeronautics and Space Administration, Broadcasting Services; Bismarck, North Da- tor, Regulatory Management Division, Envi- transmitting, a report relative to the Fiscal kota’’ ((DA 09–1236)(MB Docket No. 08–134)) ronmental Protection Agency, transmitting, Year 2010 Capital Investment and Leasing received in the Office of the President of the pursuant to law, the report of a rule entitled Program; to the Committee on Homeland Se- Senate on June 16, 2009; to the Committee on ‘‘Approval and Promulgation of Air Quality curity and Governmental Affairs. Commerce, Science, and Transportation. Implementation Plans; District of Columbia; EC–2042. A communication from the Ad- EC–2024. A communication from the Acting Reasonably Available Control Technology ministrator of the Small Business Adminis- Administrator, Transportation Security Ad- Under the 8–Hour Ozone National Ambient tration, transmitting, pursuant to law, the ministration, Department of Homeland Se- Air Quality Standard’’ (FRL No. 8918–1) re- Semiannual Report from the Office of the In- curity, transmitting, the report of proposed ceived in the Office of the President of the spector General for the period from October legislation relative to authorizing the Trans- Senate on June 11, 2009; to the Committee on 1, 2008, through March 31, 2009; to the Com- portation Security Administration to adjust Environment and Public Works. mittee on Homeland Security and Govern- the fee imposed on passengers of air carriers EC–2033. A communication from the Acting mental Affairs. and foreign air carriers to pay the costs of Assistant Secretary of the Army (Civil aviation security and for other purposes; to Works), Department of the Army, transmit- f the Committee on Commerce, Science, and ting, pursuant to law, a report relative to Transportation. the Louisiana Coastal Wetlands Conserva- REPORTS OF COMMITTEES EC–2025. A communication from the Chief tion and Restoration Task Force; to the The following reports of committees of Staff, Media Bureau, Federal Communica- Committee on Environment and Public were submitted: tions Commission, transmitting, pursuant to Works. By Mr. INOUYE, from the Committee on law, the report of a rule entitled ‘‘Television EC–2034. A communication from the Chief Appropriations: Broadcasting Services; Canton, Ohio’’ ((DA of the Border Security Regulations Branch, Special Report entitled ‘‘Revised Alloca- 09–1209)(MB Docket No. 08–126)) received in Customs and Border Protection, Department tion to Subcommittees of Budget Totals the Office of the President of the Senate on of Homeland Security, transmitting, pursu- From the Concurrent Resolution, Fiscal June 12, 2009; to the Committee on Com- ant to law, the report of a rule entitled ‘‘Ex- Year 2009’’ (Rept. No. 111–28). merce, Science, and Transportation. tension of Port Limits of Dayton, Ohio, and EC–2026. A communication from the Chief Termination of the User–fee Status of Air- f of Staff, Media Bureau, Federal Communica- borne Airpark in Wilmington, Ohio’’ (CPB tions Commission, transmitting, pursuant to Dec. 09–19) received in the Office of the Presi- INTRODUCTION OF BILLS AND law, the report of a rule entitled ‘‘Television dent of the Senate on June 12 , 2009; to the JOINT RESOLUTIONS Broadcasting Services; Spokane, Wash- Committee on Finance. The following bills and joint resolu- ington’’ ((DA 09–1225)(MB Docket No. 08–129)) EC–2035. A communication from the Chief tions were introduced, read the first received in the Office of the President of the of Publications and Regulations, Internal Senate on June 12, 2009; to the Committee on Revenue Service, Department of the Treas- and second times by unanimous con- Commerce, Science, and Transportation. ury, transmitting, pursuant to law, the re- sent, and referred as indicated: EC–2027. A communication from the Dep- port of a rule entitled ‘‘Election of Invest- By Mrs. SHAHEEN: uty Assistant Administrator for Operations, ment of Tax Credit in Lieu of Production S. 1277. A bill to extend the temporary sus- National Marine Fisheries Service, Depart- Tax Credit; Coordination with Department of pension of duty on bitolylene diisocyanate ment of Commerce, transmitting, pursuant Treasury Grants for Specified Energy Prop- (TODI); to the Committee on Finance. to law, the report of a rule entitled ‘‘Atlan- erty in Lieu of Tax Credits’’ (Notice No. 2009– By Mr. ROCKEFELLER (for himself tic Highly Migratory Species; 2009 Atlantic 52) received in the Office of the President of and Mr. BROWN):

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.037 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6720 CONGRESSIONAL RECORD — SENATE June 17, 2009 S. 1278. A bill to establish the Consumers SUBMISSION OF CONCURRENT AND Argentina is free of foot and mouth dis- Choice Health Plan, a public health insur- SENATE RESOLUTIONS ease without vaccination. ance plan that provides an affordable and ac- S. 384 countable health insurance option for con- The following concurrent resolutions sumers; to the Committee on Finance. and Senate resolutions were read, and At the request of Mr. CASEY, the By Mr. NELSON of Nebraska (for him- referred (or acted upon), as indicated: name of the Senator from Illinois (Mr. self, Mr. HATCH, Mr. BEGICH, Mr. By Mrs. SHAHEEN (for herself, Ms. BURRIS) was added as a cosponsor of S. THUNE, Mr. TESTER, Mr. JOHANNS, KLOBUCHAR, Mrs. BOXER, Mrs. MUR- 384, a bill to authorize appropriations Mr. DORGAN, and Ms. MURKOWSKI): RAY, Mr. DURBIN, Mr. DODD, Mr. for fiscal years 2010 through 2014 to pro- S. 1279. A bill to amend the Medicare Pre- SCHUMER, Mr. LAUTENBERG, Ms. MI- vide assistance to foreign countries to scription Drug, Improvement, and Mod- KULSKI, Ms. LANDRIEU, Mrs. promote food security, to stimulate ernization Act of 2003 to extend the Rural GILLIBRAND, Mr. HARKIN, Mr. CARPER, Community Hospital Demonstration Pro- rural economies, and to improve emer- Mr. SANDERS, Mr. KAUFMAN, Mr. gency response to food crises, to amend gram; to the Committee on Finance. WYDEN, Mr. KERRY, Mr. LIEBERMAN, AR By Mr. CORKER (for himself, Mr. W - Mr. UDALL of New Mexico, Mr. LEVIN, the Foreign Assistance Act of 1961, and NER ENNETT , and Mr. B ): Mr. BROWN, Mr. WHITEHOUSE, Mr. for other purposes. S. 1280. A bill to authorize the Secretary of BURRIS, Mr. UDALL of Colorado, Ms. S. 546 the Treasury to delegate management au- STABENOW, Mr. BAUCUS, Ms. CANT- thority over troubled assets purchased under At the request of Mr. REID, the name WELL, Mr. BINGAMAN, Mr. INOUYE, Mr. the Troubled Asset Relief Program, to re- of the Senator from Kansas (Mr. CARDIN, Mr. SPECTER, Mr. JOHNSON, quire the establishment of a trust to manage BROWNBACK) was added as a cosponsor Mr. FEINGOLD, Mr. LEAHY, Mr. TEST- assets of certain designated TARP recipi- ER, Ms. SNOWE, Mr. BEGICH, Mr. of S. 546, a bill to amend title 10, ents, and for other purposes; to the Com- AKAKA, Mr. BENNET, Mrs. FEINSTEIN, United States Code, to permit certain mittee on Banking, Housing, and Urban Af- Mr. WARNER, Mrs. MCCASKILL, Mr. retired members of the uniformed serv- fairs. REED, Mr. KENNEDY, Mr. MERKLEY, ices who have a service-connected dis- By Mrs. LINCOLN (for herself and Mr. and Mrs. LINCOLN): ability to receive both disability com- BEGICH): S. Res. 187. A resolution condemning the S. 1281. A bill to enhance after-school pro- pensation from the Department of Vet- use of violence against providers of health grams in rural areas of the United States by erans Affairs for their disability and ei- care services to women; to the Committee on establishing a pilot program to help commu- the Judiciary. ther retired pay by reason of their nities establish and improve rural after- By Mrs. BOXER (for herself and Mrs. years of military service or Combat- school programs; to the Committee on FEINSTEIN): Related Special Compensation. Health, Education, Labor, and Pensions. S. Res. 188. A resolution congratulating the By Mr. BROWNBACK (for himself, Mr. S. 627 Los Angeles Lakers for winning the 2009 Na- ALEXANDER, Mr. CHAMBLISS, Mr. At the request of Mr. KOHL, the name tional Basketball Championship; considered COBURN, Mr. CORKER, Mr. CORNYN, of the Senator from North Carolina and agreed to. Mr. CRAPO, Mr. ENSIGN, Mr. ENZI, Mr. (Mrs. HAGAN) was added as a cosponsor GRAHAM, Mrs. HUTCHISON, Mr. f of S. 627, a bill to authorize the Sec- INHOFE, Mr. ISAKSON, Mr. JOHANNS, ADDITIONAL COSPONSORS retary of Education to make grants to Mr. KYL, Mr. MARTINEZ, Mr. MCCAIN, support early college high schools and Mr. RISCH, Mr. THUNE, Mr. VITTER, S. 144 other dual enrollment programs. and Mr. VOINOVICH): At the request of Mr. KERRY, the S. 1282. A bill to establish a Commission on name of the Senator from North Da- S. 801 Congressional Budgetary Accountability and kota (Mr. CONRAD) was added as a co- At the request of Mr. AKAKA, the Review of Federal Agencies; to the Com- sponsor of S. 144, a bill to amend the name of the Senator from Alaska (Ms. mittee on Homeland Security and Govern- MURKOWSKI) was added as a cosponsor mental Affairs. Internal Revenue Code of 1986 to re- By Mr. SCHUMER: move cell phones from listed property of S. 801, a bill to amend title 38, S. 1283. A bill to require persons that oper- under section 280F. United States Code, to waive charges ate Internet websites that sell airline tickets S. 151 for humanitarian care provided by the to disclose to the purchaser of each ticket At the request of Mr. MCCAIN, the Department of Veterans Affairs to fam- the air carrier that operates each segment of name of the Senator from North Da- ily members accompanying veterans the flight, and for other purposes; to the kota (Mr. DORGAN) was added as a co- severely injured after September 11, Committee on Commerce, Science, and 2001, as they receive medical care from Transportation. sponsor of S. 151, a bill to protect In- By Ms. SNOWE (for herself and Mrs. dian arts and crafts through the im- the Department and to provide assist- BOXER): provement of applicable criminal pro- ance to family caregivers, and for other S. 1284. A bill to require the implementa- ceedings, and for other purposes. purposes. tion of certain recommendations of the Na- S. 210 S. 823 tional Transportation Safety Board, to re- At the request of Mrs. BOXER, the At the request of Ms. SNOWE, the quire the establishment of national stand- name of the Senator from Washington ards with respect to flight requirements for name of the Senator from New York pilots, to require the development of fatigue (Mrs. GILLIBRAND) was added as a co- (Mrs. MURRAY) was added as a cospon- management plans, and for other purposes; sponsor of S. 210, a bill to amend the sor of S. 823, a bill to amend the Inter- to the Committee on Commerce, Science, Internal Revenue Code of 1986 to in- nal Revenue Code of 1986 to allow a 5- and Transportation. crease the credit for employers estab- year carryback of operating losses, and By Mr. LIEBERMAN (for himself and lishing workplace child care facilities, for other purposes. Mr. GRAHAM): S. 841 S. 1285. A bill to provide that certain pho- to increase the child care credit to en- tographic records relating to the treatment courage greater use of quality child At the request of Mr. KERRY, the of any individual engaged, captured, or de- care services, to provide incentives for name of the Senator from Maryland tained after September 11, 2001, by the students to earn child care-related de- (Mr. CARDIN) was added as a cosponsor Armed Forces of the United States in oper- grees and to work in child care facili- of S. 841, a bill to direct the Secretary ations outside the United States shall not be ties, and to increase the exclusion for of Transportation to study and estab- subject to disclosure under section 552 of employer-provided dependent care as- lish a motor vehicle safety standard title 5, United States Code (commonly re- that provides for a means of alerting ferred to as the Freedom of Information sistance. Act), to amend section 552(b)(3) of title 5, S. 337 blind and other pedestrians of motor United States Code (commonly referred to as At the request of Mr. JOHNSON, the vehicle operation. the Freedom of Information Act) to provide name of the Senator from California S. 866 that statutory exemptions to disclosure re- (Mrs. BOXER) was added as a cosponsor At the request of Mr. REED, the name quirements of that Act shall specifically cite of S. 337, a bill to prohibit the importa- of the Senator from Colorado (Mr. BEN- to the provision of that Act authorizing ex- tion of ruminants and swine, and fresh NET) was added as a cosponsor of S. 866, emptions, to ensure and open and delibera- tive process in Congress by providing for re- and frozen meat and products of a bill to amend the Elementary and lated legislative proposals to explicitly state ruminants and swine, from Argentina Secondary Education Act of 1965 re- such required citations, and for other pur- until the Secretary of Agriculture cer- garding environmental education, and poses; considered and passed. tifies to Congress that every region of for other purposes.

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.045 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6721 S. 878 CONRAD) were added as cosponsors of S. (Mr. WICKER) was added as a cosponsor At the request of Mr. LAUTENBERG, 1023, a bill to establish a non-profit cor- of S. 1184, a bill to amend the National the name of the Senator from Cali- poration to communicate United Labor Relations Act to permit employ- fornia (Mrs. BOXER) was added as a co- States entry policies and otherwise ers to pay higher wages to their em- sponsor of S. 878, a bill to amend the promote leisure, business, and schol- ployees. Federal Water Pollution Control Act to arly travel to the United States. S. 1207 modify provisions relating to beach S. 1065 At the request of Mr. WARNER, the monitoring, and for other purposes. At the request of Mr. BROWNBACK, the name of the Senator from Virginia (Mr. S. 883 name of the Senator from California WEBB) was added as a cosponsor of S. At the request of Mr. KERRY, the (Mrs. BOXER) was added as a cosponsor 1207, a bill to authorize the Secretary names of the Senator from Illinois (Mr. of S. 1065, a bill to authorize State and of the Interior to study the suitability BURRIS), the Senator from New Jersey local governments to direct divestiture and feasibility of designating the Na- (Mr. MENENDEZ) and the Senator from from, and prevent investment in, com- tional D-Day Memorial in Bedford, Vir- South Carolina (Mr. DEMINT) were panies with investments of $20,000,000 ginia, as a unit of the National Park added as cosponsors of S. 883, a bill to or more in Iran’s energy sector, and for System. require the Secretary of the Treasury other purposes. S. 1230 to mint coins in recognition and cele- S. 1066 At the request of Mr. ISAKSON, the bration of the establishment of the At the request of Mr. SCHUMER, the names of the Senator from North Caro- Medal of Honor in 1861, America’s high- name of the Senator from Arkansas lina (Mr. BURR) and the Senator from est award for valor in action against an (Mrs. LINCOLN) was added as a cospon- Florida (Mr. MARTINEZ) were added as enemy force which can be bestowed sor of S. 1066, a bill to amend title cosponsors of S. 1230, a bill to amend upon an individual serving in the XVIII of the Social Security Act to the Internal Revenue Code of 1986 to Armed Services of the United States, preserve access to ambulance services provide a Federal income tax credit for to honor the American military men under the Medicare program. certain home purchases. S. 1099 and women who have been recipients of S. 1249 At the request of Mr. COBURN, the the Medal of Honor, and to promote At the request of Ms. KLOBUCHAR, the awareness of what the Medal of Honor name of the Senator from Georgia (Mr. names of the Senator from Wisconsin ISAKSON) was added as a cosponsor of S. represents and how ordinary Ameri- (Mr. KOHL) and the Senator from Wis- 1099, a bill to provide comprehensive cans, through courage, sacrifice, self- consin (Mr. FEINGOLD) were added as solutions for the health care system of less service and patriotism, can chal- cosponsors of S. 1249, a bill to amend the United States, and for other pur- lenge fate and change the course of his- title XVIII of the Social Security Act poses. tory. to create a value indexing mechanism S. 1131 S. 908 for the physician work component of At the request of Mr. WYDEN, the At the request of Mr. BAYH, the name the Medicare physician fee schedule. name of the Senator from Georgia (Mr. of the Senator from Virginia (Mr. WAR- S. 1265 ISAKSON) was added as a cosponsor of S. NER) was added as a cosponsor of S. 908, At the request of Mr. CORNYN, the a bill to amend the Iran Sanctions Act 1131, a bill to amend title XVIII of the Social Security Act to provide certain name of the Senator from Iowa (Mr. of 1996 to enhance United States diplo- GRASSLEY) was added as a cosponsor of matic efforts with respect to Iran by high cost Medicare beneficiaries suf- fering from multiple chronic condi- S. 1265, a bill to amend the National expanding economic sanctions against Voter Registration Act of 1993 to pro- Iran. tions with access to coordinated, pri- mary care medical services in lower vide members of the Armed Forces and S. 937 cost treatment settings, such as their their family members equal access to At the request of Mr. LAUTENBERG, residences, under a plan of care devel- voter registration assistance, and for the names of the Senator from Cali- oped by a team of qualified and experi- other purposes. fornia (Mrs. BOXER) and the Senator enced health care professionals. S.J. RES. 17 from Minnesota (Ms. KLOBUCHAR) were S. 1135 At the request of Mr. MCCONNELL, added as cosponsors of S. 937, a bill to At the request of Ms. STABENOW, the the names of the Senator from Maine amend the Federal Water Pollution name of the Senator from Indiana (Mr. (Ms. COLLINS), the Senator from Ari- Control Act to ensure that sewage BAYH) was added as a cosponsor of S. zona (Mr. KYL) and the Senator from treatment plants monitor for and re- 1135, a bill to establish a voluntary pro- Utah (Mr. BENNETT) were added as co- port discharges of raw sewage, and for gram in the National Highway Traffic sponsors of S.J. Res. 17, a joint resolu- other purposes. Safety Administration to encourage tion approving the renewal of import S. 941 consumers to trade-in older vehicles restrictions contained in the Burmese At the request of Mr. CRAPO, the for more fuel efficient vehicles, and for Freedom and Democracy Act of 2003, name of the Senator from Kansas (Mr. other purposes. and for other purposes. BROWNBACK) was added as a cosponsor S. 1136 S. CON. RES. 11 of S. 941, a bill to reform the Bureau of At the request of Ms. STABENOW, the At the request of Ms. COLLINS, the Alcohol, Tobacco, Firearms, and Explo- name of the Senator from Colorado names of the Senator from Missouri sives, modernize firearm laws and regu- (Mr. BENNET) was added as a cosponsor (Mr. BOND) and the Senator from Okla- lations, protect the community from of S. 1136, a bill to establish a chronic homa (Mr. INHOFE) were added as co- criminals, and for other purposes. care improvement demonstration pro- sponsors of S. Con. Res. 11, a concur- S. 1004 gram for Medicaid beneficiaries with rent resolution condemning all forms At the request of Mrs. LINCOLN, the severe mental illnesses. of anti-Semitism and reaffirming the name of the Senator from Wisconsin S. 1183 support of Congress for the mandate of (Mr. KOHL) was added as a cosponsor of At the request of Mr. DURBIN, the the Special Envoy to Monitor and Com- S. 1004, a bill to amend title XVIII of name of the Senator from Maine (Ms. bat Anti-Semitism, and for other pur- the Social Security Act to provide COLLINS) was added as a cosponsor of S. poses. Medicare beneficiaries with access to 1183, a bill to authorize the Secretary S. CON. RES. 25 geriatric assessments and chronic care of Agriculture to provide assistance to At the request of Mr. MENENDEZ, the management and coordination serv- the Government of Haiti to end within name of the Senator from Idaho (Mr. ices, and for other purposes. 5 years the deforestation in Haiti and RISCH) was added as a cosponsor of S. S. 1023 restore within 30 years the extent of Con. Res. 25, a concurrent resolution At the request of Mr. DORGAN, the tropical forest cover in existence in recognizing the value and benefits that names of the Senator from Pennsyl- Haiti in 1990, and for other purposes. community health centers provide as vania (Mr. CASEY), the Senator from S. 1184 health care homes for over 18,000,000 in- New Jersey (Mr. LAUTENBERG) and the At the request of Mr. VITTER, the dividuals, and the importance of ena- Senator from North Dakota (Mr. name of the Senator from Mississippi bling health centers and other safety

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.052 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6722 CONGRESSIONAL RECORD — SENATE June 17, 2009 net providers to continue to offer ac- health care system run by the insur- have faced substantially larger out-of- cessible, affordable, and continuous ance industry. I know that most of my pocket expenses. An estimated 62 per- care to their current patients and to colleagues want the former—a 21st cent of all personal bankruptcies in- every American who lacks access to Century health care system that pro- volve medical expenses and 78 percent preventive and primary care services. vides meaningful and affordable cov- of the individuals who cited medical S. CON. RES. 26 erage for all, improves health out- expenses in their bankruptcy claims At the request of Mr. HARKIN, the comes, and brings accountability and had health insurance. Health care costs names of the Senator from Rhode Is- responsibility back into health care. already consume 17 percent of the land (Mr. WHITEHOUSE), the Senator I am absolutely convinced that the United State’s gross domestic product, from Maryland (Mr. CARDIN), the Sen- inclusion of a strong public health in- which everyone can agree is ator from Indiana (Mr. BAYH) and the surance plan option is the only way to unsustainable. Senator from California (Mrs. FEIN- guarantee that all consumers have af- However, representing the great STEIN) were added as cosponsors of S. fordable, adequate, and accountable op- state of West Virginia has shown me Con. Res. 26, a concurrent resolution tions available in the insurance mar- that the need for health reform is far apologizing for the enslavement and ra- ketplace. It is for this reason that I more essential and personal than cial segregation of African Americans. rise today with my good friend, Sen- frightening statistics could ever show. I have listened at roundtable discus- S. RES. 153 ator SHERROD BROWN of Ohio, to intro- sions where West Virginians described At the request of Mr. KAUFMAN, his duce the Consumers Health Care Act of how the current health care system has name was added as a cosponsor of S. 2009—legislation to provide a strong public plan option in the National failed them. One woman was really Res. 153, a resolution expressing the struggling to care for both herself and sense of the Senate on the restitution Health Insurance Exchange. One of the most contentious, yet her son. She was uninsured because her of or compensation for property seized son, who had a serious brain disorder, during the Nazi and Communist eras. critical, pieces of the national health care reform effort is whether or not needed 24 hour a day, seven day a week, AMENDMENT NO. 1303 Americans should have the option to assistance. Another family wrote to me At the request of Ms. LANDRIEU, the buy their health insurance from a pub- because their son, who was born with names of the Senator from Iowa (Mr. licly run organization. In other words, serious congenital heart defects, had HARKIN) and the Senator from Mary- in addition to choosing among numer- reached the $1 million limit on his land (Mr. CARDIN) were added as co- ous health plans run by private insur- mother’s insurance policy within the sponsors of amendment No. 1303 in- ers, should consumers also have the op- first nine months of his life. They were tended to be proposed to S. 1023, a bill tion of choosing an affordable, stable, unsure of how to obtain lifesaving to establish a non-profit corporation to and transparent public plan when they treatment for their son, now that the communicate United States entry poli- are deciding what is best for them and insurance company would no longer cies and otherwise promote leisure, their families? I believe consumers pay for his care. I have heard from business, and scholarly travel to the should have the option of choosing a countless other West Virginians who have been unable to find affordable United States. public plan. AMENDMENT NO. 1311 Opponents of giving Americans a health care, or have figured out too At the request of Ms. COLLINS, her public option regularly use alarmist late that the health insurance they had was inadequate for what they needed. name was added as a cosponsor of rhetoric such as ‘‘big government’’ and As Congress works to achieve the amendment No. 1311 intended to be pro- ‘‘socialized medicine.’’ And, somehow, posed to S. 1023, a bill to establish a transformative reform necessary to protecting the rights of private health create a sustainable health care sys- non-profit corporation to communicate insurers to make profits has become United States entry policies and other- tem, a vital component of this reform more important to some than offering is the inclusion of a strong public plan wise promote leisure, business, and Americans the choice of a plan that option like the Consumer Choice scholarly travel to the United States. seeks to insure everyone, no matter Health Plan included in the Consumers AMENDMENT NO. 1312 how sick, that is less expensive, and Health Care Act. A public plan will At the request of Mr. SANDERS, the that is responsible to the American help establish a new insurance frame- names of the Senator from Michigan people—not to private profit-seeking work, one that compels insurers to pro- (Ms. STABENOW) and the Senator from stockholders. vide Americans with the best value for New York (Mr. SCHUMER) were added as I’m not sure when the word ‘‘public’’ their health care at the best price, cosponsors of amendment No. 1312 in- became such a bad word in the eyes of rather than the current insurance tended to be proposed to S. 1023, a bill some of my colleagues. Public means framework, which is focused on avoid- to establish a non-profit corporation to acting in the interest of the general ing risk and increasing profits. The communicate United States entry poli- public—which is exactly what we Consumer Choice Health Plan will be cies and otherwise promote leisure, should aspire to in comprehensive available for all individuals and small business, and scholarly travel to the health reform. businesses, regardless of health status, United States. The private health insurance market and will not be concerned with paying f has significantly contributed to the a CEO salary or broker commissions. broken nature of our health care sys- The Consumers Health Care Act will STATEMENTS ON INTRODUCED tem, with a long history of cutting cov- increase transparency and account- BILLS AND JOINT RESOLUTIONS erage off or charging too much for too ability throughout the health insur- By Mr. ROCKEFELLER (for him- little. A public plan option—repeat, op- ance market, as well as give individ- self and Mr. BROWN): tion—is an effective way to bring com- uals guaranteed access to health care S. 1278. A bill to establish the Con- petition to the insurance market, hold coverage should they be denied or sumers Choice Health Plan, a public down costs, and encourage innovation priced out of affordable private insur- health insurance plan that provides an and quality improvements. To deny ance coverage. Currently, insurers are affordable and accountable health in- this option is not only shortsighted, allowed to operate in a black box, with surance option for consumers; to the but downright harmful. little oversight of their coverage and Committee on Finance. Everyone knows the sobering statis- payment decisions. Individuals with Mr. ROCKEFELLER. Mr. President, tics that have highlighted the need for pre-existing conditions are routinely there is a stark choice looming before comprehensive health reform. More denied access to affordable care. For Congress. It is the choice between en- than 45 million Americans are unin- years, United Health was able to under- acting a comprehensive reform bill sured and another 25 million are under- pay providers and overcharge patients that truly improves our health care insured. Since 1909, the average health for out-of-network services. The Con- system for the American people or en- insurance premium for a family has in- sumers Health Care Act will address acting a mediocre reform bill that creased by 119 percent, from $5,791 in this and other issues by bringing great- largely maintains the status quo— 1999 to $12,680 in 2008. Yet, Americans er transparency to the private health which is an ineffective and costly have seen their benefits decrease and insurance market.

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.054 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6723 Consumer Choice Health Plans will other agencies and departments of the Fed- (A) MEDICARE.—A participating provider as serve as a vital safety-net of coverage eral Government have with respect to such described under paragraph (1)(A) shall be re- for individuals and families that have agencies and departments. quired to provide services to any individual been unable to obtain affordable and SEC. 4. CONSUMER CHOICE HEALTH PLAN. enrolled in the Plan for the 3-year period fol- (a) IN GENERAL.—The Office shall establish lowing the establishment of the Plan. Upon comprehensive health care coverage the expiration of the 3-year period, a partici- through the private market. A private and administer the Consumer Choice Health Plan (referred to in this Act as the ‘‘Plan’’) pating provider in the Plan may elect to be- insurance company’s desire to earn to provide for health insurance coverage that come a non-participating provider without greater profits will always trump over is made available to all eligible individuals affecting their status as a participating pro- the need to make health care coverage (as described in subsection (d)(1)) in the vider under the Medicare program. affordable and accessible to all Ameri- United States and its territories. (B) MEDICAID AND CHIP.—A provider as de- scribed under paragraph (1)(B) shall be re- cans, and greater insurance regulation (b) REGULATORY COMPLIANCE.—The Plan shall comply with— quired to provide services to any individual is not enough. The Consumers Health enrolled in the Plan for the 3-year period fol- Care Act is necessary in order to (1) all regulations and requirements that are applicable with respect to other health lowing the establishment of the Plan. Upon achieve the sustainable change that the expiration of the 3-year period, a pro- insurance plans that are offered through the vider in the Plan may elect to cease provi- the health care system in this country National Health Insurance Exchange; and sion of services under the Plan without af- needs. (2) any additional regulations and require- fecting their status as a provider under the I trust the good sense of the Amer- ments, as determined by the Director. Medicaid program or the CHIP program. ican public to choose the health cov- (c) BENEFITS.— (4) PAYMENT RATES.— erage they want, and they deserve the (1) IN GENERAL.—The Plan shall offer (A) INITIAL PAYMENT RATES.— health insurance coverage at different ben- choice of a public plan with lower costs (i) IN GENERAL.—During the 2-year period efit levels, provided that such benefits are and the guarantee of always being following the establishment of the Plan, pro- commensurate with the required benefit lev- there when they need it. The American viders shall be reimbursed at such payment els to be provided by a health insurance plan people trust us to get this right and de- rates as are applicable under the Medicare under the National Health Insurance Ex- program. liver the best coverage options that change. will keep their families healthy and (ii) ADJUSTMENT.—The Director may reim- (2) MINIMUM BENEFITS FOR CHILDREN.— burse providers at rates lower or higher than safe. The days of packaging half-baked (A) IN GENERAL.—The minimum benefit applicable under the Medicare program if the legislation into a bill and calling it level available under the Plan for children Director determines that the adjusted rates transformative reform when it is not shall include at least the services described are appropriate and ensure that enrollees in have to end now, or the shame is on all in the most recently published version of the the Plan are provided with adequate access of us: ‘‘Maternal and Child Health Plan Benefit to health care services. Model’’ developed by the National Business (B) SUBSEQUENT PAYMENT RATES.—Subject Mr. President, I ask unanimous con- Group on Health. sent that the text of the bill be printed to subparagraph (C), upon the expiration of (B) AMENDMENT OF BENEFIT LEVEL.—The the 2-year period following the establish- in the RECORD. Secretary of Health and Human Services, ment of the Plan, the Director shall develop There being no objection, the text of acting through the Director of the Agency payment rates for reimbursement of pro- the bill was ordered to be printed in for Healthcare Research and Quality, may viders in order to maintain an adequate pro- the RECORD, as follows: amend the benefits described in subpara- vider network necessary to assure that en- S. 1278 graph (A) based on the most recent peer-re- rollees in the Plan have adequate access to viewed and evidence-based data. Be it enacted by the Senate and House of Rep- health care. In determining such payment (d) ELIGIBILITY AND ENROLLMENT.— resentatives of the United States of America in rates, the Director shall consider— (1) ELIGIBILITY.—An individual who is eligi- (i) competitive provider payment rates in Congress assembled, ble to purchase coverage from a health insur- SECTION 1. SHORT TITLE. both the public and private sectors; ance plan through the National Health In- (ii) best practices among providers; This Act may be cited as the ‘‘Consumers surance Exchange shall be eligible to enroll Health Care Act of 2009’’. (iii) integrated models of care delivery (in- in the Plan. cluding medical home and chronic care co- SEC. 2. FINDINGS. (2) ENROLLMENT PROCESS.—An individual ordination models); Congress makes the following findings: may enroll in the Plan only in such manner (iv) geographic variation in health care (1) Americans need health care coverage and form as may be prescribed by applicable costs; that is always affordable. regulations, and only during an enrollment (v) evidence-based practices; (2) Americans need health care coverage period as prescribed by the Director. (vi) quality improvement; that is always adequate. (3) EMPLOYER ENROLLMENT.—An employer (vii) use of health information technology; (3) Americans need health care coverage shall be eligible to purchase health insur- and that is always accountable. ance coverage for their employees and the (viii) any additional measures, as deter- (4) A public health insurance plan option employees’ dependents to the extent pro- mined by the Director. that can compete with private insurance vided for all health benefits plans under the (C) PAYMENT RATE CONSULTATION.—The Di- plans is the only way to guarantee that all National Health Insurance Exchange. rector shall determine payment rates under consumers have affordable, adequate, and ac- (4) SATISFACTION OF INDIVIDUAL MANDATE subparagraph (B) in consultation with pro- countable options available in the insurance REQUIREMENT.—An individual’s enrollment viders participating under the Plan, the Di- marketplace. with the Plan shall be treated as satisfying rector of the Office of Personnel Manage- SEC. 3. OFFICE OF HEALTH PLAN MANAGEMENT. any requirement under Federal law for such ment, the Medicare Payment Advisory Com- (a) ESTABLISHMENT.—Not later than July 1, individual to demonstrate enrollment in mission, and the Medicaid and CHIP Pay- 2010, there shall be established within the health insurance or benefits coverage. ment and Access Commission. Department of Health and Human Services (e) PROVIDERS.— (5) ADOPTION OF MEDICARE REFORMS.—The an Office of Health Plan Management (re- (1) NETWORK REQUIREMENT.— Plan may adopt Medicare system delivery ferred to in this Act as the ‘‘Office’’). The Of- (A) MEDICARE.—A participating provider reforms that provide patients with a coordi- fice shall be headed by a Director (referred who is voluntarily providing health care nated system of care and make changes to to in this Act as the ‘‘Director’’) who shall be services under the Medicare program estab- the provider payment structure. appointed by the President, by and with the lished under title XVIII of the Social Secu- (f) SUBSIDIES.—The Plan shall be eligible to advice and consent of the Senate. rity Act (42 U.S.C. 1395 et seq.) shall be re- accept subsidies, including subsidies for the (b) COMPENSATION.—The Director shall be quired to provide services to any individual enrollment of individuals under the Plan, in paid at the annual rate of pay for a position enrolled in the Plan. the same manner and to the same extent as at level II of the Executive Schedule under (B) MEDICAID AND CHIP.—A provider of other health insurance plans offered through section 5313 of title 5, United States Code. health care services under the Medicaid pro- the National Health Insurance Exchange. (c) LIMITATION.—Neither the Director nor gram established under title XIX of the So- (g) FINANCING.— the Office shall participate in the adminis- cial Security Act (42 U.S.C. 1396 et seq.), or (1) TRANSITIONAL FUNDING.— tration of the National Health Insurance Ex- the CHIP program established under title (A) IN GENERAL.—In order to provide for change (as defined in section 7) or the pro- XXI of such Act (42 U.S.C. 1397aa et seq.), adequate funding of the Plan in advance of mulgation or administration of any regula- shall be required to provide services to any receipt of payments as described in para- tion regarding the health insurance indus- individual enrolled in the Plan. graph (2), beginning July 1, 2010, there are try. (2) EXCEPTION.—Paragraph (1) shall not be transferred to the Plan from the general (d) PERSONNEL AND OPERATIONS AUTHOR- construed as requiring a provider to accept fund of the Treasury such amounts as may ITY.—The Director shall have the same gen- new patients due to bona fide capacity limi- be necessary for operation of the Plan until eral authorities with respect to personnel tations of the provider. the end of the 3-year period following the es- and operations of the Office as the heads of (3) OPT-OUT PROVISION.— tablishment of the Plan.

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(B) RETURN OF FUNDS.—Upon the expira- define so that consumers may compare Healthcare Research and Quality, health tion of the 3-year period following the estab- health insurance coverage and understand professional societies, patient advocates, and lishment of the Plan, the Director shall the terms of their coverage. other entities as deemed necessary by the enter into a repayment schedule with the (C) MEDICAL TERMS.—The medical terms Director; and Secretary of the Treasury to provide for re- described in this subparagraph are hos- (ii) based upon recognized clinical practice payment of funds provided under subpara- pitalization, hospital outpatient care, emer- guidelines. graph (A). Any expenditures made by the gency room care, physician services, pre- (6) MANNER OF DISCLOSURE.—The Director Plan pursuant to a repayment schedule es- scription drug coverage, durable medical shall disclose the information under this tablished under this subparagraph shall not equipment, home health care, skilled nurs- subsection— constitute administrative expenses as de- ing care, rehabilitation services, hospice (A) with all marketing materials; scribed in paragraph (2)(B). services, emergency medical transportation, (B) on the website for the Plan; and (2) SELF-FINANCING.— and such other terms as the Director deter- (C) at other times upon request. (A) IN GENERAL.—The Plan shall be finan- mines are important to define so that con- SEC. 5. ESTABLISHMENT OF AMERICA’S HEALTH cially self-sustaining insofar as funds used sumers may compare the medical benefits of- INSURANCE TRUST. for operation of the Plan (including benefits, fered by health insurance plans and under- (a) ESTABLISHMENT.—As of the date of en- administration, and marketing) shall be de- stand the extent of those medical benefits actment of this Act, there is authorized to be rived from— (or exceptions to those benefits). established a non-profit corporation that (i) insurance premium payments and sub- (3) DISCLOSURE.— shall be known as the ‘‘America’s Health In- sidies for individuals enrolled in the Plan; (A) IN GENERAL.—In carrying out this sub- surance Trust’’ (referred to in this Act as the and section, the Director shall disclose to Plan ‘‘Trust’’), which is neither an agency nor es- (ii) payments made to the Plan by employ- enrollees, potential enrollees, in-network tablishment of the United States Govern- ers that do not offer health insurance cov- health care providers, and others (through a ment. erage to their employees. publically available Internet website and (b) LOCATION; SERVICE OF PROCESS.—The (B) LIMITATION ON ADMINISTRATIVE EX- other appropriate means) relevant informa- Trust shall maintain its principal office PENSES.—Not more than 5 percent of the tion regarding each policy of health insur- within the District of Columbia and have a amounts provided under subparagraph (A) ance coverage marketed or in force (in such designated agent in the District of Columbia may be used for the annual administrative standardized manner as determined by the to receive service of process for the Trust. costs of the Plan. Director), including— Notice to or service on the agent shall be (3) CONTINGENCY RESERVE.— (i) full policy contract language; and deemed as notice to or service on the cor- (A) IN GENERAL.—The Director shall estab- (ii) a summary of the information de- poration. lish and fund a contingency reserve for the scribed in paragraph (4). (c) APPLICATION OF PROVISIONS.—The Trust Plan in a form similar to the contingency re- (B) PERSONALIZED STATEMENT.—The Direc- shall be subject to the provisions of this sec- serve provided for health benefits plans tor shall disclose to enrollees (in such stand- tion and, to the extent consistent with this under the Federal Employees Health Bene- ardized manner as determined by the Direc- section, to the District of Columbia Non- fits Program under chapter 89 of title 5, tor) an annual personalized statement that profit Corporation Act. United States Code. summarizes use of health care services and (d) TAX EXEMPT STATUS.—The Trust shall (B) REVENUE.—Any revenue generated payment of claims with respect to an en- be treated as a nonprofit organization de- through the contingency reserve established rollee (and covered dependents) under health scribed under section 170(c)(2)(B) and section in subparagraph (A) shall be transferred to insurance coverage provided through the 501(c)(3) of the Internal Revenue Code of 1986 the Plan for the purpose of reducing enrollee Plan in the preceding year. that is exempt from taxation under section premiums, reducing enrollee cost-sharing, (4) REQUIRED INFORMATION.—The informa- 501(a) of the Internal Revenue Code of 1986. increasing enrollee benefits, or any combina- tion described in this paragraph includes, (e) BOARD OF DIRECTORS.— tion thereof. but is not limited to, the following: (1) IN GENERAL.—The Board of Directors of (4) GAO FINANCIAL AUDIT AND REPORT.—Be- (A) Data on the price of each new policy of the Trust (referred to in this Act as the ginning not later than October 1, 2011, the health insurance coverage and renewal rat- ‘‘Board’’) shall consist of 19 voting members Comptroller General shall conduct an annual ing practices. appointed by the Comptroller General. audit of the financial statements and records (B) Claims payment policies and practices, (2) TERMS.— of the Plan, in accordance with generally ac- including how many and how quickly claims (A) IN GENERAL.—Subject to subparagraph cepted government auditing standards, and were paid. (C), each member of the Board shall serve for submit an annual report on such audit to the (C) Provider fee schedules and usual, cus- a term of 6 years. Congress. tomary, and reasonable fees (for both in-net- (B) LIMITATION.—No individual shall be ap- (5) SUPERMAJORITY REQUIREMENT FOR SUP- work and out-of-network providers). pointed to the Board for more than 2 con- PLEMENTAL FUNDING.—Upon certification by (D) Provider participation and provider di- secutive terms. the Comptroller General that the financial rectories. (C) INITIAL MEMBERS.—The initial members audit described in paragraph (4) indicates (E) Loss ratios, including detailed informa- of the Board shall be appointed by the Comp- that the Plan is insolvent, supplemental tion about amount and type of non-claims troller General not later than October 1, 2010, funding may be appropriated for the Plan if expenses. and shall serve terms as follows: such measure receives not less than a three- (F) Covered benefits, cost-sharing, and (i) 8 members shall be appointed for a term fifths vote of approval of the total number of amount of payment provided toward each of 5 years. Members of the House of Representatives type of service identified as a covered ben- (ii) 8 members shall be appointed for a and the Senate. efit, including preventive care services rec- term of 3 years. (h) TRANSPARENCY.— ommended by the United States Preventive (iii) 3 members shall be appointed for a (1) IN GENERAL.—Beginning with the first Services Task Force. term of 1 year. year of operation of the Plan through the (G) Civil or criminal actions successfully (D) EXPIRATION OF TERM.—Any member of National Health Insurance Exchange, the Di- concluded against the Plan by any govern- the Board whose term has expired may serve rector shall provide standards and undertake mental entity. until such member’s successor has taken of- activities for promoting transparency in (H) Benefit exclusions and limits. fice, or until the end of the calendar year in costs, benefits, and other factors for health (5) DEVELOPMENT OF PATIENT CLAIMS SCE- which such member’s term has expired, insurance coverage provided under the Plan. NARIOS.— whichever is earlier. (2) STANDARD DEFINITIONS OF INSURANCE (A) IN GENERAL.—In order to improve the (E) VACANCIES.— AND MEDICAL TERMS.— ability of individuals and employers to com- (i) IN GENERAL.—Any member appointed to (A) IN GENERAL.—The Director shall pro- pare the coverage and relative value pro- fill a vacancy prior to the expiration of the vide for the development of standards for the vided under the Plan, the Director shall de- term for which such member’s predecessor definitions of terms used in health insurance velop and make publically available a series was appointed shall be appointed for the re- coverage under the Plan, including insur- of patient claims scenarios under which ben- mainder of such term. ance-related terms (including the insurance- efits (including out-of-pocket costs) under (ii) VACANCIES NOT TO AFFECT POWER OF related terms described in subparagraph (B)) the Plan are simulated for certain common BOARD.—A vacancy on the Board shall not af- and medical terms (including the medical or expensive conditions or courses of treat- fect its powers, but shall be filled in the terms described in subparagraph (C)). ment (including maternity care, breast can- same manner as the original appointment (B) INSURANCE-RELATED TERMS.—The insur- cer, heart disease, diabetes management, and was made. ance-related terms described in this subpara- well-child visits). (3) CHAIRPERSON AND VICE-CHAIRPERSON.— graph are premium, deductible, co-insurance, (B) CONSULTATION.—The Director shall de- (A) IN GENERAL.—The Comptroller General co-payment, out-of-pocket limit, preferred velop the patient claims scenarios described shall designate a Chairperson and Vice- provider, non-preferred provider, out-of-net- in subparagraph (A)— Chairperson of the Board from among the work co-payments, UCR (usual, customary (i) in consultation with the Secretary of members of the Board. and reasonable) fees, excluded services, Health and Human Services, the National In- (B) TERM.—The members designated as grievance and appeals, and such other terms stitutes of Health, the Centers for Disease Chairperson and Vice-Chairperson shall serve as the Director determines are important to Control and Prevention, the Agency for for a period of 3 years.

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(4) CONFLICTS OF INTEREST.—An individual ‘‘(3) MEMBERS OF THE BOARD OF DIRECTORS ‘‘(2) for policies issued after September 30, may not serve on the Board if such indi- OF THE AMERICA’S HEALTH INSURANCE TRUST.— 2013, $1 multiplied by the average number of vidual (or an immediate family member of Paragraph (1) shall apply to a member of the lives covered under the policy. such individual) is employed by or has a fi- Board of Directors of the America’s Health ‘‘(b) LIABILITY FOR FEE.—The fee imposed nancial interest in— Insurance Trust who was appointed to the by subsection (a) shall be paid by the issuer (A) an organization that provides a health Board as of the day before the date of enact- of the policy. insurance plan; ment of the Consumers Health Care Act of ‘‘(c) SPECIFIED HEALTH INSURANCE POL- (B) a pharmaceutical manufacturer; or 2009.’’. ICY.—For purposes of this section: (C) any subsidiary entities of an organiza- (f) ADVISORY COUNCIL.— ‘‘(1) IN GENERAL.—Except as otherwise pro- tion described in subparagraphs (A) or (B). (1) ESTABLISHMENT.—The Board shall es- vided in this section, the term ‘specified health insurance policy’ means any accident (5) COMPOSITION OF THE BOARD.— tablish an advisory council that shall be or health insurance policy (including a pol- (A) POLITICAL PARTIES.—Not more than 10 comprised of the insurance commissioners of members of the Board may be affiliated with each State (including the District of Colum- icy under a group health plan) issued with the same political party. bia) to advise the Board on the development respect to individuals residing in the United States. (B) DIVERSITY.—In appointing members and impact of measures to improve the ‘‘(2) EXEMPTION FOR CERTAIN POLICIES.—The under this paragraph, the Comptroller Gen- transparency and accountability of health term ‘specified health insurance policy’ does eral shall ensure that such members provide insurance plans provided through the Na- not include any insurance if substantially all appropriately diverse representation with re- tional Health Insurance Exchange. of its coverage is of excepted benefits de- spect to race, ethnicity, age, gender, and ge- (2) MEETINGS.—The advisory council shall scribed in section 9832(c). ography. meet not less than twice a year and at the ‘‘(3) TREATMENT OF PREPAID HEALTH COV- (C) CONSUMER REPRESENTATION.—10 mem- request of the Board. ERAGE ARRANGEMENTS.— bers of the Board shall be independent and (g) FINANCIAL OVERSIGHT.— ‘‘(A) IN GENERAL.—In the case of any ar- non-conflicted individuals representing the (1) CONTRACT FOR AUDITS.—The Trust shall rangement described in subparagraph (B)— interests of health care consumers. Each provide for financial audits of the Trust on ‘‘(i) such arrangement shall be treated as a member selected under this subparagraph an annual basis by a private entity with ex- specified health insurance policy, and shall represent 1 of the 10 Department of pertise in conducting financial audits. ‘‘(ii) the person referred to in such sub- Health and Human Services regions in the (2) REVIEW AND REPORT ON AUDITS.—The paragraph shall be treated as the issuer. United States. Comptroller General shall— ‘‘(B) DESCRIPTION OF ARRANGEMENTS.—An (D) REMAINING REPRESENTATION.— (A) review and evaluate the results of the arrangement is described in this subpara- (i) IN GENERAL.—9 members of the Board audits conducted pursuant to paragraph (1); graph if under such arrangement fixed pay- shall be selected based on relevant experi- and ments or premiums are received as consider- ence, including expertise in— (B) submit a report to Congress containing ation for any person’s agreement to provide (I) community affairs; the results and review of such audits, includ- or arrange for the provision of accident or (II) Federal, State, and local government; ing an analysis of the adequacy and use of health coverage to residents of the United (III) health professions and administration; the funding for the Trust and its activities. States, regardless of how such coverage is (IV) business, finance, and accounting; (h) RULES ON GIFTS AND OUTSIDE CONTRIBU- provided or arranged to be provided. (V) legal affairs; TIONS.— ‘‘(d) ADJUSTMENTS FOR INCREASES IN (1) GIFTS.—The Trust (including the Board (VI) insurance; HEALTH CARE SPENDING.—In the case of any (VII) trade unions; and any staff acting on behalf of the Trust) policy issued in any fiscal year beginning (VIII) social services; and shall not accept gifts, bequeaths, or dona- after September 30, 2014, the dollar amount (IX) any additional areas as determined by tions of services or property. in effect under subsection (a) for such policy the Comptroller General. (2) PROHIBITION ON OUTSIDE FUNDING OR CON- shall be equal to the sum of such dollar (ii) INCOME FROM HEALTH CARE INDUSTRY.— TRIBUTIONS.—The Trust shall not— amount for policies issued in the previous Not more than 4 of the members selected (A) establish a corporation other than as fiscal year (determined after the application under this subparagraph shall earn more provided under this section; or of this subsection), plus an amount equal to than 10 percent of their income from the (B) accept any funds or contributions other the product of— health care industry. than as provided under this section. ‘‘(1) such dollar amount for policies issued (6) MEETINGS AND HEARINGS.—The Board (i) AMERICA’S HEALTH INSURANCE TRUST in the previous fiscal year, multiplied by shall meet and hold hearings at the call of FUND.— ‘‘(2) the percentage increase in the pro- the Chairperson or a majority of its mem- (1) IN GENERAL.—There is established in the jected per capita amount of National Health bers. Meetings of the Board on matters not Treasury a trust fund to be known as the Expenditures from the calendar year in related to personnel shall be open to the pub- ‘‘America’s Health Insurance Trust Fund’’ which the previous fiscal year ends to the lic and advertised through public notice at (referred to in this section as the ‘‘Trust calendar year in which the fiscal year in- least 7 days prior to the meeting. Fund’’), consisting of such amounts as may volved ends, as most recently published by (7) QUORUM.—A majority of the members of be credited to the Trust Fund as provided the Secretary of Health and Human Services the Board shall constitute a quorum for pur- under this subsection. before the beginning of the fiscal year. poses of conducting the duties of the Trust, (2) TRANSFER.—The Secretary of the Treas- ‘‘(e) TERMINATION.—This section shall not but a lesser number of members may meet ury shall transfer to the Trust Fund out of apply to policy years ending after September and hold hearings. the general fund of the Treasury amounts de- 30, 2019. (8) EXECUTIVE DIRECTOR AND STAFF; PER- termined by the Secretary to be equivalent ‘‘SEC. 4376. SELF-INSURED HEALTH PLANS. FORMANCE OF DUTIES.—The Board may— to the amounts received into such general ‘‘(a) IMPOSITION OF FEE.—In the case of any (A) employ and fix the compensation of an fund that are attributable to the fees col- applicable self-insured health plan issued Executive Director and such other personnel lected under sections 4375 and 4376 of the In- after October 1, 2009, there is hereby imposed as may be necessary to carry out the duties ternal Revenue Code of 1986 (relating to fees a fee equal to— of the Trust; on health insurance policies and self-insured ‘‘(1) for plans issued during fiscal years 2010 (B) seek such assistance and support as health plans). through 2013, 50 cents multiplied by the aver- may be required in the performance of the (3) FINANCING FOR FUND FROM FEES ON IN- age number of lives covered under the plan; duties of the Trust from appropriate depart- SURED AND SELF-INSURED HEALTH PLANS.— and ments and agencies of the Federal Govern- (A) GENERAL RULE.—Chapter 34 of the In- ‘‘(2) for plans issued after September 30, ment; ternal Revenue Code of 1986 is amended by 2013, $1 multiplied by the average number of (C) enter into contracts or other arrange- adding at the end the following new sub- lives covered under the plans. ments and make such payments as may be chapter: ‘‘(b) LIABILITY FOR FEE.— necessary for performance of the duties of ‘‘Subchapter B—Insured and Self-Insured ‘‘(1) IN GENERAL.—The fee imposed by sub- the Trust; Health Plans section (a) shall be paid by the plan sponsor. (D) provide travel, subsistence, and per ‘‘(2) PLAN SPONSOR.—For purposes of para- ‘‘Sec. 4375. Health insurance. diem compensation for individuals per- graph (1) the term ‘plan sponsor’ means— forming the duties of the Trust, including ‘‘Sec. 4376. Self-insured health plans. ‘‘(A) the employer in the case of a plan es- members of the Advisory Council (as de- ‘‘Sec. 4377. Definitions and special rules. tablished or maintained by a single em- scribed in subsection (f)); and ‘‘SEC. 4375. HEALTH INSURANCE. ployer, (E) prescribe such rules, regulations, and ‘‘(a) IMPOSITION OF FEE.—In the case of any ‘‘(B) the employee organization in the case bylaws as the Board determines necessary specified health insurance policy issued after of a plan established or maintained by an with respect to the internal organization and October 1, 2009, there is hereby imposed a fee employee organization, operation of the Trust. equal to— ‘‘(C) in the case of— (9) LOBBYING COOLING-OFF PERIOD FOR MEM- ‘‘(1) for policies issued during fiscal years ‘‘(i) a plan established or maintained by 2 BERS OF THE BOARD.—Section 207(c) of title 2010 through 2013, 50 cents multiplied by the or more employers or jointly by 1 or more 18, United States Code, is amended by insert- average number of lives covered under the employers and 1 or more employee organiza- ing at the end the following: policy; and tions,

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.051 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6726 CONGRESSIONAL RECORD — SENATE June 17, 2009 ‘‘(ii) a multiple employer welfare arrange- ‘‘(B) notwithstanding any other law or rule (D) timeliness and adequacy of consumer ment, or of law, governmental entities shall not be ex- claims processing; ‘‘(iii) a voluntary employees’ beneficiary empt from the fees imposed by this sub- (E) available consumer complaint systems; association described in section 501(c)(9), chapter except as provided in paragraph (2). (F) grievance and appeals processes; the association, committee, joint board of ‘‘(2) TREATMENT OF EXEMPT GOVERNMENTAL (G) transparency; trustees, or other similar group of represent- PROGRAMS.—In the case of an exempt govern- (H) consumer satisfaction; and atives of the parties who establish or main- mental program, no fee shall be imposed (I) any additional measures as determined tain the plan, or under section 4375 or section 4376 on any cov- by the Board. ‘‘(D) the cooperative or association de- ered policy or plan under such program. (3) INFORMATION AVAILABLE ON WEBSITE BY scribed in subsection (c)(2)(F) in the case of ‘‘(3) EXEMPT GOVERNMENTAL PROGRAM DE- ZIP CODE.—The annual rankings of the health a plan established or maintained by such a FINED.—For purposes of this subchapter, the insurance plans (as described in paragraph cooperative or association. term ‘exempt governmental program’ (2)) shall be available on the website for the ‘‘(c) APPLICABLE SELF-INSURED HEALTH means— Trust (as described in paragraph (1)), and the PLAN.—For purposes of this section, the ‘‘(A) any insurance program established website for the National Health Insurance term ‘applicable self-insured health plan’ under title XVIII of the Social Security Act, Exchange, in a manner that is searchable means any plan for providing accident or ‘‘(B) the medical assistance program estab- and sortable by zip code. health coverage if— lished by title XIX or XXI of the Social Se- (4) CONSUMER FEEDBACK.— ‘‘(1) any portion of such coverage is pro- curity Act, (A) CONSUMER COMPLAINTS.—The Trust vided other than through an insurance pol- ‘‘(C) the Federal Employees Health Bene- shall develop written and web-based methods icy, and fits Program under chapter 89 of title 5, for individuals to provide recommendations ‘‘(2) such plan is established or main- United States Code, and complaints regarding the health insur- tained— ‘‘(D) the Consumer Choice Health Plan es- ance plans provided through the National ‘‘(A) by one or more employers for the ben- tablished under the Consumers Health Care Health Insurance Exchange. efit of their employees or former employees, Act of 2009, (B) CONSUMER SURVEYS.—The Trust shall ‘‘(B) by one or more employee organiza- ‘‘(E) any program established by Federal obtain meaningful consumer input, including tions for the benefit of their members or law for providing medical care (other than consumer surveys, that measure the extent former members, through insurance policies) to individuals (or to which an individual receives the services ‘‘(C) jointly by 1 or more employers and 1 the spouses and dependents thereof) by rea- and supports described in the individual’s or more employee organizations for the ben- son of such individuals being— health insurance plan and the individual’s efit of employees or former employees, ‘‘(i) members of the Armed Forces of the satisfaction with such services and supports. (b) DATA SHARING.— ‘‘(D) by a voluntary employees’ beneficiary United States, or (1) IN GENERAL.—An organization that pro- association described in section 501(c)(9), ‘‘(ii) veterans, and vides a health insurance plan through the ‘‘(E) by any organization described in sec- ‘‘(F) any program established by Federal National Health Insurance Exchange shall tion 501(c)(6), or law for providing medical care (other than provide the Trust with all information and ‘‘(F) in the case of a plan not described in through insurance policies) to members of data that is necessary for improving trans- the preceding subparagraphs, by a multiple Indian tribes (as defined in section 4(d) of the parency, monitoring, and oversight of such employer welfare arrangement (as defined in Indian Health Care Improvement Act). plans. section 3(40) of Employee Retirement Income ‘‘(c) TREATMENT AS TAX.—For purposes of (2) ANNUAL DISCLOSURE.—Beginning with Security Act of 1974), a rural electric cooper- subtitle F, the fees imposed by this sub- the first full year of operation of the Na- ative (as defined in section 3(40)(B)(iv) of chapter shall be treated as if they were tional Health Insurance Exchange, an orga- such Act), or a rural telephone cooperative taxes. nization that provides a health insurance association (as defined in section 3(40)(B)(v) ‘‘(d) NO COVER OVER TO POSSESSIONS.—Not- plan through the National Health Insurance of such Act). withstanding any other provision of law, no Exchange shall annually provide the Trust ‘‘(d) ADJUSTMENTS FOR INCREASES IN amount collected under this subchapter shall with appropriate information regarding the HEALTH CARE SPENDING.—In the case of any be covered over to any possession of the following: plan issued in any fiscal year beginning after United States.’’. (A) Name of the plan. September 30, 2014, the dollar amount in ef- (B) CLERICAL AMENDMENTS.— (B) Levels of available plan benefits. fect under subsection (a) for such plan shall (i) Chapter 34 of such Code is amended by be equal to the sum of such dollar amount (C) Description of plan benefits. striking the chapter heading and inserting (D) Number of enrollees under the plan. for plans issued in the previous fiscal year the following: (determined after the application of this sub- (E) Demographic profile of enrollees under section), plus an amount equal to the prod- ‘‘CHAPTER 34—TAXES ON CERTAIN the plan. uct of— INSURANCE POLICIES (F) Number of claims paid to enrollees. ‘‘(1) such dollar amount for plans issued in ‘‘SUBCHAPTER A. POLICIES ISSUED BY FOREIGN (G) Number of enrollees that terminated the previous fiscal year, multiplied by INSURERS their coverage under the plan. ‘‘(2) the percentage increase in the pro- ‘‘SUBCHAPTER B. INSURED AND SELF-INSURED (H) Total operating cost for the plan (in- jected per capita amount of National Health HEALTH PLANS cluding administrative costs). (I) Patterns of utilization of the plan’s Expenditures from the calendar year in ‘‘Subchapter A—Policies Issued By Foreign services. which the previous fiscal year ends to the Insurers’’. calendar year in which the fiscal year in- (J) Availability, accessibility, and accept- (ii) The table of chapters for subtitle D of ability of the plan’s services. volved ends, as most recently published by such Code is amended by striking the item the Secretary of Health and Human Services (K) Such information as the Trust may re- relating to chapter 34 and inserting the fol- quire demonstrating that the organization before the beginning of the fiscal year. lowing new item: ‘‘(e) TERMINATION.—This section shall not has a fiscally sound operation. apply to plans issued after September 30, ‘‘CHAPTER 34—TAXES ON CERTAIN INSURANCE (L) Any additional information as deter- 2019. POLICIES’’. mined by the Trust. ‘‘SEC. 4377. DEFINITIONS AND SPECIAL RULES. SEC. 6. DUTIES OF AMERICA’S HEALTH INSUR- (3) FORM AND MANNER OF INFORMATION.—In- ‘‘(a) DEFINITIONS.—For purposes of this ANCE TRUST. formation to be provided to the Trust under subchapter— (a) INSURANCE PLAN RANKINGS AND paragraphs (1) and (2) shall be provided— ‘‘(1) ACCIDENT AND HEALTH COVERAGE.—The WEBSITE.— (A) in such form and manner as specified term ‘accident and health coverage’ means (1) WEB-BASED MATERIALS.—The Trust shall by the Trust; and any coverage which, if provided by an insur- establish and maintain a website that pro- (B) within 30 days of the date of receipt of ance policy, would cause such policy to be a vides informational materials regarding the the request for such information, or within specified health insurance policy (as defined health insurance plans provided through the such extended period as the Trust deems ap- in section 4375(c)). National Health Insurance Exchange, includ- propriate. ‘‘(2) INSURANCE POLICY.—The term ‘insur- ing appropriate links for all available State (4) INFORMATION FROM THE DEPARTMENT OF ance policy’ means any policy or other in- insurance commissioner websites. HEALTH AND HUMAN SERVICES.— strument whereby a contract of insurance is (2) PLAN RANKINGS.—The Trust shall de- (A) IN GENERAL.—Any information regard- issued, renewed, or extended. velop and publish annual rankings of the ing the health insurance plans that are of- ‘‘(3) UNITED STATES.—The term ‘United health insurance plans provided through the fered through the National Health Insurance States’ includes any possession of the United National Health Insurance Exchange, based Exchange that has been provided to the Sec- States. on the assignment of a letter grade between retary of Health and Human Services shall ‘‘(b) TREATMENT OF GOVERNMENTAL ENTI- ‘‘grade A’’ (highest) and ‘‘grade F’’ (lowest). also be made available (as deemed appro- TIES.— The Trust shall provide for a comparative priate by the Secretary) to the Trust for the ‘‘(1) IN GENERAL.—For purposes of this sub- evaluation of each plan based upon— purpose of improving transparency, moni- chapter— (A) administrative expenditures; toring, and oversight of such plans. Such in- ‘‘(A) the term ‘person’ includes any govern- (B) affordability of coverage; formation may include, but is not limited to, mental entity, and (C) adequacy of coverage; the following:

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.051 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6727 (i) Underwriting guidelines to ensure com- Committee on Banking, Housing, and companies that would be affected pliance with applicable Federal health insur- Urban Affairs. would be AIG, Citigroup, and, of ance requirements. Mr. CORKER. Mr. President, I rise to course, the automobile company, Gen- (ii) Rating practices to ensure compliance speak, briefly, about a bill Senator eral Motors. There could be additional with applicable Federal health insurance re- quirements. WARNER from Virginia and I are intro- companies that, through conversions (iii) Enrollment and disenrollment data, ducing today. The title of the bill is to common equity, might be affected including information the Secretary may the TARP Recipient Ownership Trust by this. need to detect patterns of discrimination Act of 2009. I think this is a very commonsense against individuals based on health status or This bill intends to deal with the piece of legislation that I hope will other characteristics, to ensure compliance issue that our government finds itself have broad bipartisan support. with applicable Federal health insurance re- in a position of large ownership in com- Mr. President, I ask unanimous con- quirements (including non-discrimination in panies—something I think none of us sent that the text of the bill be printed group coverage, guaranteed issue, and guar- ever imagined would be the case some in the RECORD. anteed renewability requirements applicable in all markets). time ago. There being no objection, the text of (iv) Post-claims underwriting and rescis- This piece of legislation only deals the bill was ordered to be printed in sion practices to ensure compliance with ap- with TARP recipients. But what it does the RECORD, as follows: plicable Federal health insurance require- is solve the unease in the problem that S. 1280 ments relating to guaranteed renewability. many of us have in the Senate and in Be it enacted by the Senate and House of Rep- (v) Marketing materials and agent guide- the Congress with the fact that we resentatives of the United States of America in lines to ensure compliance with applicable have such large government owner- Congress assembled, Federal health insurance requirements. ships in companies. SECTION 1. SHORT TITLE. (vi) Data on the imposition of pre-existing What this bill would do would be to This Act may be cited as the ‘‘TARP Re- condition exclusion periods and claims sub- cipient Ownership Trust Act of 2009’’. jected to such exclusion periods. set up a trust for all TARP company (vii) Information on issuance of certifi- ownership to be put in when stakes are SEC. 2. AUTHORITY OF THE SECRETARY OF THE larger than 20 percent of the company. TREASURY TO DELEGATE TARP cates of creditable coverage. ASSET MANAGEMENT. (viii) Information on cost-sharing and pay- What it would do is give the adminis- Section 106(b) of the Emergency Economic ments with respect to any out-of-network tration the ability to appoint three Stabilization Act of 2008 (12 U.S.C. 5216(b)) is coverage. trustees to have a fiduciary obligation amended by inserting before the period at (ix) The application to issuers of penalties to the taxpayers of this country. It the end the following: ‘‘, and the Secretary for violation of applicable Federal health in- would be my hope that these trustees may delegate such management authority to surance requirements (including failure to a private entity, as the Secretary determines produce requested information). would be people such as Warren Buffett or Jack Welch or people similar to appropriate, with respect to any entity as- (x) Such other information as the Trust sisted under this Act’’. may determine to be necessary to verify them, whom we—all of us in our coun- compliance with the requirements of this SEC. 3. CREATION OF MANAGEMENT AUTHORITY try—respect and consider to certainly FOR DESIGNATED TARP RECIPI- Act. be knowledgeable market participants. ENTS. (B) REQUIRED DISCLOSURE.—The Secretary These trustees will be paid no money. (a) FEDERAL ASSISTANCE LIMITED.—Not- of Health and Human Services shall provide They would do this as a duty to our withstanding any provision of the Emer- the Trust with all consumer claims data or country. While their objective would be gency Economic Stabilization Act of 2008, or information that has been provided to the to look at these companies with a fidu- any other provision of law, no funds may be Secretary by any health insurance plan that expended under the Troubled Asset Relief is offered through the National Health Insur- ciary responsibility to the taxpayers, they also would be given the direction Program, or any other provision of that Act, ance Exchange. on or after the date of enactment of this Act, (C) PERIOD FOR PROVIDING INFORMATION.— to unload these ownerships by Decem- until the Secretary of the Treasury transfers Information to be provided to the Trust ber 24, 2011. I think this would go a all voting, nonvoting, and common equity in under this paragraph shall be provided by long way toward giving all of us more any designated TARP recipient to a limited the Secretary within 30 days of the date of comfort that there was not a political liability company established by the Sec- receipt of the request for such information, agenda with any of these companies, retary for such purpose, to be held and man- or within such extended period as the Sec- that these companies were being dealt aged in trust on behalf of the United States retary and the Trust mutually deem appro- taxpayers. priate. with in a way that is fair and appro- priate to the taxpayers. I think this is (b) APPOINTMENT OF TRUSTEES.— (5) NON-DISCLOSURE OF HEALTH INSURANCE (1) IN GENERAL.—The President shall ap- DATA.—The Trust shall prevent disclosure of something that, while it is not perfect, point 3 independent trustees to manage the any data or information provided under this would do what is necessary to make us equity held in the trust, separate and apart paragraph that the Trust determines is pro- all feel a lot more comfortable about from the United States Government. prietary or qualifies as a trade secret subject where we are. (2) CRITERIA.—Trustees appointed under to withholding from public dissemination. No. 1, we would have three neutral, this subsection— Any data or information provided under this well-respected businesspeople looking (A) may not be elected or appointed Gov- paragraph shall not be subject to disclosure ernment officials; under section 552 of title 5, United States after our taxpayers’ interests. Hope- fully, that would shield as much as pos- (B) shall serve at the pleasure of the Presi- Code (commonly referred to as the Freedom dent, and may be removed for just cause in of Information Act). sible any kind of political involvement violation of their fiduciary responsibilities SEC. 7. DEFINITION OF NATIONAL HEALTH IN- in those companies. Secondly, obvi- only; and SURANCE EXCHANGE. ously, they would be given the direc- (C) shall serve without compensation for In this Act, the term ‘‘National Health In- tive to unload this ownership by De- their services under this section. surance Exchange’’ means a mechanism es- cember 24, 2011, as I have mentioned. (c) DUTIES OF TRUST.—Pursuant to pro- tablished or recognized under Federal law for They can come back at that time. If tecting the interests and investment of the coordinating the offering of health insurance they feel, for some reason, this is not United States taxpayer, the trust established coverage to individuals in the United States in the taxpayers’ interest, they can under this section shall, with the purpose of through the establishment of standards for maximizing the profitability of the des- benefits, cost-sharing, and premiums for come back to us at that time and seek ignated TARP recipient— such health insurance coverage. additional time, should they think it is (1) exercise the voting rights of the shares in our interest as taxpayers to extend of the taxpayer on all core governance By Mr. CORKER (for himself, Mr. that period of time. issues; WARNER, and Mr. BENNETT): This is a bipartisan piece of legisla- (2) select the representation on the boards S. 1280. A bill to authorize the Sec- tion. This is not done with any kind of of directors of any designated TARP recipi- retary of the Treasury to delegate ax to grind. This legislation is being of- ent; and management authority over troubled fered, truly, just to solve this rub we (3) have a fiduciary duty to the American assets purchased under the Troubled taxpayer for the maximization of the return all find ourselves in, that the American on the investment of the taxpayer made Asset Relief Program, to require the citizens find themselves in, where we under the Emergency Economic Stabiliza- establishment of a trust to manage as- have large ownership stakes. tion Act of 2008, in the same manner and to sets of certain designated TARP recipi- Specifically, today, because of the the same extent that any director of an ents, and for other purposes; to the ownership stakes that exist, the three issuer of securities has with respect to its

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.051 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6728 CONGRESSIONAL RECORD — SENATE June 17, 2009 shareholders under the securities laws and I think we need to, ourselves, step up a quiring an up-or-down vote within a all applications of State law. lot more for the country, for the people limited timeframe, no amendments and (d) LIQUIDATION.—The trustees shall liq- in this Nation, and deal with the prob- a set amount of time to debate. Yes or uidate the trust established under this sec- lems we have. no, deal or no deal: Are we going to tion, including the assets held by such trust, One of the biggest ones, as far as the not later than December 24, 2011, unless the keep the bases or close the bases, trustees submit a report to Congress that legacy we leave, is the mortgage that which way is it? liquidation would not maximize the profit- is growing on this country, this $11.5 That is the only mechanism I have ability of the company and the return on in- trillion I started off talking about. ever seen us come up with in this body vestment to the taxpayer. When I first started in Congress in 1994, to actually cut Federal spending and to SEC. 4. DEFINITIONS. it was roughly 50 percent mandatory do the things we talk about all the As used in this Act— spending and 50 percent discretionary time but in the trading nature of the (1) the term ‘‘designated TARP recipient’’ spending. This year, we are looking at legislative body never gets done. This means any entity that has received, or will 70 percent mandatory spending—be- one has actually done it, the BRAC receive, financial assistance under the Trou- tween 60 and 70 percent mandatory Commission, on military bases, which bled Asset Relief Program or any other pro- spending, depending on what ends up in vision of the Emergency Economic Stabiliza- is a substantial but certainly not all of tion Act of 2008 (Public Law 110-343), such the final package—and 30 to 40 percent our budget. So I am saying, let’s take that the Federal Government holds or con- discretionary spending. And of that that mechanism and apply it to the trols, or will hold or control at a future date, discretionary, half of that is military. rest of the budget, mandatory and dis- not less than a 20 percent ownership stake in So we have this huge growth in entitle- cretionary spending, both pockets of the company as a result of such assistance; ment programs and spending programs this. (2) the term ‘‘Secretary’’ means the Sec- that are on autopilot and that are set- I am fully open to suggestions and retary of the Treasury or the designee of the ting that clock to going faster and ideas for amendment on this bill, but I Secretary; and faster, at $11.5 trillion and up. (3) the terms ‘‘director’’, ‘‘issuer’’, ‘‘securi- would break the Federal Government ties’’, and ‘‘securities laws’’ have the same We are looking at a $1.8 trillion def- into four different categories, to where meanings as in section 3 of the Securities icit this year alone. This is every fourth year there is a CARFA Exchange Act of 1934 (15 U.S.C. 78c). unsustainable and it is irresponsible. commission which reviews one-fourth And it is irresponsible of the baby of the budget, and then that rec- By Mr. BROWNBACK (for him- boomer generation, which has inher- ommendation is sent to the Congress self, Mr. ALEXANDER, Mr. ited and been given so much, not to to either eliminate these pieces or to CHAMBLISS, Mr. COBURN, Mr. step up and to start to deal with this. keep them. CORKER, Mr. CORNYN, Mr. I feel very strongly about this, that it I have a scorecard up here. It turns CRAPO, Mr. ENSIGN, Mr. ENZI, is something we need to start dealing out that the OMB does a regular scor- Mr. GRAHAM, Mrs. HUTCHISON, with as a generation. I am not talking ing of the effectiveness of Federal Gov- Mr. INHOFE, Mr. ISAKSON, Mr. about from a party perspective, or even ernment programs and then they as- JOHANNS, Mr. KYL, Mr. MAR- from a legislative perspective, but I am sign a percentage out of 100 to each. I TINEZ, Mr. MCCAIN, Mr. RISCH, talking about it from a generational put the grade equivalent on it, and you Mr. THUNE, Mr. VITTER, and Mr. perspective. This is the sort of thing we can see the programs that were re- VOINOVICH): need to start dealing with for our chil- viewed here: State Department has the S. 1282. A bill to establish a Commis- dren’s future and our grandchildren’s highest score that I have up here, of C+ sion on Congressional Budgetary Ac- future, so that when future generations for effectiveness, at which the OMB countability and Review of Federal come up and they look back and see scored it. The Education Department— Agencies; to the Committee on Home- the ‘‘greatest generation’’ of World and I don’t know what that says here— land Security and Governmental Af- War II, they don’t then look at the has scored below 50 percent and gets an fairs. baby boomer generation and say: Well, F—the Education Department—on its Mr. BROWNBACK. Mr. President, I that is the generation that used a lot scorecard. You can look through and want to follow up on what my col- of it up. Rather, they say: No, that was these are the programs that are re- league from North Dakota said regard- the generation that used a lot, but then viewed: 51 for the State Department; 93 ing the financial regulatory issue. This got it together and started to address for the Education Department. is a huge problem. the problems of fiscal irresponsibility— So I am saying you would have this In my office, I have a debt clock run- the fiscal irresponsibility that is tak- CARFA commission go through to do a ning. I put it there purposely so people ing place in this country and in this similar type of review for effectiveness. can see what it is, and it is running at government today. Those programs that would fail would $11.5 trillion. At this point in time, it We have program spending that is be put in an overall bill which would has a dizzying amount of numbers that out of control. Everybody is against say: Okay, Congress, keep this entire are running on it. Usually my constitu- waste, fraud, and abuse, but I have not package or eliminate this entire pack- ents come in and say: Good, I wanted found that line in the budget yet which age. to get out of the waiting room. That allows us to X it out. What I am talk- If you eliminate them, the same year clock is driving me crazy, the numbers ing about here—and I will introduce at you can come back and reauthorize are going so fast. It is so huge, the the end of my speech—is a bill that ac- that bill and reappropriate the pro- numbers and the rate we are going. tually does start to get at that, and it gram if you believe it is effective. But What troubles me as well, as a mem- does it via a mechanism that is a prov- this gives you an automatic culling ber of the baby boomer generation, is en mechanism we have used before in process. It is a culling process that that I look at this and I feel as though this body which actually reduced gov- takes place on programs that have we are following on the heels of the ernment spending. It is called the Com- been put in the budget year after year ‘‘greatest generation’’—the World War mission on Accountability and Review and have somehow been sustained or II generation, with all the sacrifices of Federal Agencies, CARFA. We have have gotten supporters around them. and the things they did to make this 20 original cosponsors, and it is a very Most programs have a number of dif- country what it is. My predecessor in simple concept that we have used be- ferent supporters around them, so they the seat I am in, Bob Dole, I think epit- fore. keep going on and on. Even though omizes the ‘‘greatest generation’’—the It is based on the BRAC Commis- they are not particularly effective, the World War II generation—that sac- sion—the Base Realignment and Clo- supporters like them, so they keep get- rificed so much so the rest of us could sure Commission—only it applies to ting in the budget, even when we do an live and do so well, and I am deeply ap- the rest of government, not just mili- objective review of them and find out preciative of that. But I look at my tary bases. You create a commission, these are failed programs by our own generation, sometimes called the ‘‘me and the commission says 300 bases standards. generation.’’ I don’t know that that is should be closed. They send that to the This is something we need to do. It is particularly an applauding sort of title, administration to check off on that, something I would hope that the baby saying it is more focused that way, but and then it sends it to the Congress, re- boomer generation could stand up and

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.055 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6729 start to say it is time for us to take fis- tation Safety Board pointed out a num- same loopholes spotlighted by the find- cal responsibility for the situation that ber of issues specific to this accident ings of the National Transportation is being created and that is that could be directly attributable to Safety Board, the Department of unsustainable in this country. We are fatigue, with many pilots traveling all Transportation Inspector General’s of- already starting to see interest rates night over great distances just to reach fice, and the victims’ families of Flight move up. That is likely to continue. We their base of operations. For example, 3407. Requiring the Federal Aviation are seeing people beside themselves almost a quarter of Colgan Air pilots Administration to complete a number when looking at the level of Federal who operate out of Newark, New Jersey of long-overdue rulemakings on issues spending, and the waste in it, and say- travel over one thousand miles simply as wide-ranging as fatigue manage- ing: What is going on? Can’t you guys to reach their designated duty station. ment, minimum training standards for get ahold of it? At the same time, as we’ve witnessed all carriers, and remedial training for Here is a way to actually get ahold of with a number of regional carriers, pi- deficient pilots is the first step. Ensur- it and deal with it and be able to say to lots are often paid meager salaries—the ing the Federal Aviation Administra- generations in future years that, yes, first officer in Flight 3407 made barely tion will perform adequate, unan- we stood up and took ownership and we twenty thousand dollars annually. nounced inspections to guarantee these dealt with the problem. With such low pay, it is difficult for new rules are enforced, and requiring There was an article in the Wall these pilots to provide for themselves more rigorous inspections of flight Street Journal a week ago where a gen- and their families, much less afford a schools like the Gulfstream Academy— tleman was saying that the unfunded restful place to spend an evening; at a whose parent company was recently as- obligations of the Federal Government hotel, or an apartment in close prox- sessed a civil penalty of $1.3 million for today—these are things such as the en- imity to their base of operations—as a safety violations, and where many re- titlement programs, whether it is result, they doze in airport lounges— gional pilots receive their training— Medicare, Social Security, veterans’ technically against most airline regu- will go a long way towards closing the benefits, and pension guarantees that lations—and subsequently are getting loopholes that still exist in our avia- we have—are getting close to $100 tril- into the cockpit fatigued, with insuffi- tion safety network. In my view, these lion. Those are unfunded obligations cient rest and, potentially, reduced sit- are all positive steps that will prevent existing on the part of the Federal uational awareness. With little over- another incident like the crash of Government today. That number seems sight concerning the amount of rest Flight 3407. high to me, but I know if you look at these pilots receive, we face the ter- Before I close, I would like to say a Medicare and a couple of other ones, we rible potential for another incident in word to the families of the crash vic- are looking at nearly $60 trillion in the near future. tims. I deeply empathize with your that category. To give some perspec- I was greatly encouraged by the ef- loss, and in large part, your efforts tive, the total economy is $14 trillion, forts that the new Federal Aviation have been essential in the drafting of or thereabouts. Administrator Babbitt undertook on this legislation. Thank you for all your This is irresponsible to the highest Monday; his announcement to initiate perseverance and invaluable contribu- degree, and it is irresponsible to future rulemakings on fatigue management, tions during what I know must be dif- generations, and it is time to put a the relationship between major and re- ficult times for all of you. mechanism in place for us to deal with gional carriers, and training discrep- Mrs. BOXER. Mr. President, like it. I urge my colleagues to join us in ancies, were all positive, proactive many of my colleagues, I was shocked cosponsoring this bill. I am submitting steps to help remedy a situation that and saddened by the commuter plane it now to the desk, with 20 cosponsors. for too long has gone ignored, and I crash last February outside of Buffalo, This is an idea whose time has come. commend his willingness to take the NY. Sadly, Clay Yarber, a resident of reins so early in his tenure. Unfortu- Riverside, CA, was one of the 50 vic- By Ms. SNOWE (for herself and nately, as a recent series of hearings at tims of this tragic crash. Mrs. BOXER): the Senate Commerce Committee has I would like to offer my deepest con- S. 1284. A bill to require the imple- shown us, rulemakings are typically dolences to the family and friends of mentation of certain recommendations long, drawn-out processes that in some Mr. Yarber and to all of the families of the National Transportation Safety cases are never completed. Simply put, dealing with such horrific loss. Board, to require the establishment of this is insufficient. The crash of Continental flight 3407 national standards with respect to In fact, a National Transportation has had a significant impact on how flight requirements for pilots, to re- Safety Board recommendation con- Americans across the country view air quire the development of fatigue man- cerning pilot fatigue—clearly an under- travel and has raised serious questions agement plans, and for other purposes; lying cause of the Flight 3407 crash— about the safety and oversight of our to the Committee on Commerce, has been outstanding for nearly 2 dec- Nation’s aviation system. Science, and Transportation. ades! This recommendation was no Initial hearings held this past May Ms. SNOWE. Mr. President, I rise small suggestion; it has been on the by the National Transportation Safety today to join with my colleague, Sen- NTSB’s highest profile publication, Board, NTSB, brought to light many ator BOXER, to introduce the One Level their Most Wanted List, for nineteen unsettling revelations about pilot of Safety Act. We have all become fa- years! Given that four of the last six training, hours of experience, fatigue, miliar with the events surrounding the fatal accidents involving commercial and the FAA’s oversight role of re- terrible tragedy near Buffalo, New carriers included fatigue as a contrib- gional airlines. York—an accident that the National uting cause, I am stunned that this I was greatly disturbed by what ap- Transportation Safety Board cat- issue has not been addressed. But only peared to be a lack of proper training egorized as the worst such incident one effort to tackle this issue has been for the pilots on how to recover from a since late 2001—that cost fifty lives, made in the past 2 decades, and after stall, how to proceed in icing condi- and shattered countless others. In the encountering some resistance, that tions, and reports of the crew com- wake of the crash of Flight 3407, we proposed rulemaking was shelved in muting cross country without proper have identified failures on a multi- 1995, and no second attempt was forth- rest prior to the flight. plicity of levels. For an agency that coming. So, while the Federal Aviation Although regional airlines account has consistently cited its commitment Administration’s comments yesterday for one-half of all of the scheduled to ‘‘one level of safety’’ for all carriers were laudable, there are no guarantees flights in the U.S., five of the last as far back as 1995, this accident show- when it comes to rulemakings. I be- seven fatal commercial plane crashes cases that when it comes to regional lieve it is incumbent on Congress to involved these airlines. carriers, the Federal Aviation Adminis- act and act now. As more Americans rely on com- tration has done a poor job of enforcing That is why Senator BOXER and I muter airlines for air service, the FAA that philosophy. joined together to develop legislation must take aggressive action to ensure During its preliminary investigation that we believe will close many of the that there is no difference in the level of Flight 3407, the National Transpor- loopholes that jeopardize safety, those of safety provided by these air carriers.

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.051 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6730 CONGRESSIONAL RECORD — SENATE June 17, 2009 The National Transportation Safety Mr. DURBIN, Mr. DODD, Mr. SCHUMER, Whereas general manager Mitch Kupchak Board, NTSB, hearings also made clear Mr. LAUTENBERG, Ms. MIKULSKI, Ms. has built a basketball team that possesses a that the FAA must be more proactive LANDRIEU, Mrs. GILLIBRAND, Mr. HAR- great balance among all-stars, veterans, and young players; when it comes to safety. We must not KIN, Mr. CARPER, Mr. SANDERS, Mr. Whereas the Los Angeles Lakers won 65 KAUFMAN, Mr. WYDEN, Mr. KERRY, Mr. wait until the next disaster to make games in the 2009 regular season and de- long overdue changes in safety regula- LIEBERMAN, Mr. UDALL of New Mexico, feated the Utah Jazz, the Houston Rockets, tion at the FAA. Mr. LEVIN, Mr. BROWN, Mr. the Denver Nuggets, and the Orlando Magic It is unacceptable that the NTSB rec- WHITEHOUSE, Mr. BURRIS, Mr. UDALL of in the 2009 National Basketball Association ommendations designed to address Colorado, Ms. STABENOW, Mr. BAUCUS, playoffs; and some of the most serious aviation safe- Ms. CANTWELL, Mr. BINGAMAN, Mr. Whereas each player for the Los Angeles ty deficiencies continue to go INOUYE, Mr. CARDIN, Mr. SPECTER, Mr. Lakers, including Trevor Ariza, Shannon unaddressed by the FAA today. JOHNSON, Mr. FEINGOLD, Mr. LEAHY, Brown, Kobe Bryant, Andrew Bynum, Jordan Mr. TESTER, Ms. SNOWE, Mr. BEGICH, Farmar, Derek Fisher, Pau Gasol, Didier Last May, I joined Senator SNOWE in Ilunga-Mbenga, Adam Morrison, Lamar Mr. AKAKA, Mr. BENNET, Mrs. FEIN- sending a letter to the Department of Odom, Josh Powell, Sasha Vujacic, Luke STEIN, Mr. WARNER, Mrs. MCCASKILL, Transportation urging the agency to Walton, and Sue Yue, contributed to what take immediate action to address Mr. REED, Mr. KENNEDY, Mr. MERKLEY, was truly a team effort during the regular NTSB recommendations that lan- and Mrs. LINCOLN) submitted the fol- season and the playoffs to bring the 2009 Na- guished on its Most Wanted list for lowing resolution; which was referred tional Basketball Association Championship years and other pressing safety con- to the Committee on the Judiciary: to the city of Los Angeles: Now, therefore, be cerns. S. RES. 187 it Whereas Dr. George Tiller of Wichita, Kan- Resolved, That the Senate— In some instances, recommendations (1) congratulates the Los Angeles Lakers such as those meant to address pilot fa- sas, was shot to death while attending church on Sunday, May 31, 2009; for winning the 2009 National Basketball As- tigue, have been on the NTSB Most Whereas there is a history of violence sociation Championship; Wanted list since its inception 19 years against providers of reproductive health (2) recognizes the achievements of the ago. We must take immediate action to care, as health care employees have suffered players, coaches, and staff whose hard work ensure that no other family must en- threats, hostility, and attacks in order to and dedication made winning the champion- dure a similar tragedy because of provide crucial services to patients; ship possible; and unmet safety recommendations and a Whereas the threat or use of force or phys- (3) directs the Secretary of the Senate to ical obstruction has been used to injure, in- transmit a copy of this resolution to— lack of agency oversight. (A) the 2009 Los Angeles Lakers team and I was encouraged by recent an- timidate, or interfere with individuals seek- ing to obtain or provide health care services; their head coach Phil Jackson; nouncements from the FAA about the and (B) the Los Angeles Lakers owner Gerald agency’s initiative to revise work hour Whereas acts of violence are never an ac- Hatten Buss; and rules to address pilot fatigue and to ceptable means of expression and shall al- (C) the Los Angeles Lakers general man- conduct emergency inspections at pilot ways be condemned: Now, therefore, be it ager Mitch Kupchack. training facilities. I believe this is a Resolved, That the Senate— f step in the right direction, but we must (1) expresses great sympathy for the fam- ily, friends, and patients of Dr. George Till- AMENDMENTS SUBMITTED AND do more. er; PROPOSED That is why I am proud to join Sen- (2) recognizes that acts of violence should SA 1321. Mr. GRAHAM submitted an ator SNOWE in introducing the Ensur- never be used to prevent women from receiv- amendment intended to be proposed by him ing One Level of Aviation Safety Act of ing reproductive health care; and to the bill S. 1023, to establish a non-profit (3) condemns the use of violence as a 2009, to address some of the more egre- corporation to communicate United States means of resolving differences of opinion. gious aviation safety deficiencies. Our entry policies and otherwise promote leisure, bill requires the FAA to implement business, and scholarly travel to the United unfulfilled NTSB recommendations and States; which was ordered to lie on the table. SENATE RESOLUTION 188—CON- to do more oversight of regional air- SA 1322. Mr. INHOFE (for himself and Mr. GRATULATING THE LOS ANGE- lines and pilot training academies. The COBURN) submitted an amendment intended LES LAKERS FOR WINNING THE to be proposed by him to the bill S. 1023, bill also requires the FAA to update 2009 NATIONAL BASKETBALL minimum training standards and hours supra; which was ordered to lie on the table. CHAMPIONSHIP SA 1323. Mr. LIEBERMAN submitted an of experience requirements for pilots. Mrs. BOXER (for herself and Mrs. amendment intended to be proposed by him Finally, this legislation mandates to the bill S. 1023, supra; which was ordered continuing education training for pi- FEINSTEIN) submitted the following res- to lie on the table. lots, requires the development of air- olution; which was considered and SA 1324. Mr. FEINGOLD submitted an line fatigue management plans, and al- agreed to: amendment intended to be proposed by him lows carriers immediate access to pilot S. RES. 188 to the bill S. 1023, supra; which was ordered performance records. Whereas, on June 14, 2009, the Los Angeles to lie on the table. SA 1325. Mr. BROWNBACK (for himself, I look forward to working with my Lakers defeated the Orlando Magic in game 5 of the 2009 National Basketball Association Mr. KYL, Mr. CRAPO, Mr. ROBERTS, Mr. colleagues and the FAA to implement Championship Finals; RISCH, Mr. COBURN, Mr. CORNYN, Mr. BOND, this legislation and to take additional Whereas that triumph marks the 15th Na- Mr. INHOFE, Mr. DEMINT, Mr. BUNNING, Mr. steps to ensure that there truly is no tional Basketball Association Championship BENNETT, Mr. CHAMBLISS, and Mr. JOHANNS) difference in safety between major car- for the Lakers franchise and 10th for the Los submitted an amendment intended to be pro- riers and regional airlines. Angeles Lakers; posed by him to the bill S. 1023, supra; which We cannot wait for the next airline Whereas that triumph also marks the was ordered to lie on the table. tragedy to take action. The flying pub- fourth National Basketball Association SA 1326. Mrs. FEINSTEIN (for herself and Championship victory for the Los Angeles Mr. LIEBERMAN) submitted an amendment lic must be assured that the FAA and Lakers since 1999, earning the Los Angeles intended to be proposed by her to the bill S. the airlines are doing their part to Lakers more championship victories in this 1023, supra; which was ordered to lie on the make safety the No. 1 priority. decade than any other team in the league; table. f Whereas Los Angeles Lakers head coach SA 1327. Mr. REID (for Mr. KENNEDY (for Phil Jackson, who throughout his career has himself and Mr. KERRY)) submitted an SUBMITTED RESOLUTIONS epitomized discipline, teaching, and excel- amendment intended to be proposed by Mr. lence, has won 10 National Basketball Asso- REID to the bill S. 1023, supra; which was or- ciation Championships as a head coach, the dered to lie on the table. SENATE RESOLUTION 187—CON- most championships for a head coach in Na- SA 1328. Mr. COBURN submitted an DEMNING THE USE OF VIOLENCE tional Basketball Association history, sur- amendment intended to be proposed by him AGAINST PROVIDERS OF passing the number won by the legendary to the bill S. 1023, supra; which was ordered HEALTH CARE SERVICES TO Arnold ‘‘Red’’ Auerbach; to lie on the table. WOMEN Whereas the 2009 National Basketball Asso- SA 1329. Mr. CORKER (for himself and Mr. ciation Championship marks the ninth WARNER) submitted an amendment intended Mrs. SHAHEEN (for herself, Ms. championship for Los Angeles Lakers owner to be proposed by him to the bill S. 1023, KLOBUCHAR, Mrs. BOXER, Mrs. MURRAY, Gerald Hatten Buss; supra; which was ordered to lie on the table.

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SA 1330. Mr. SANDERS submitted an (2) EXEMPTION OF COAST GUARD LICENSEES Promotion Act of 2009, the Secretary of amendment intended to be proposed by him FROM STATE REGULATION.—Residents or non- Homeland Security shall prepare and submit to the bill S. 1023, supra; which was ordered residents who assist, accompany, transport, a strategic plan to the recipients listed to lie on the table. guide, or aid persons in the taking of fish for under clause (ii) that describes how the full SA 1331. Mr. COBURN submitted an monetary compensation or other consider- implementation of the System will ensure amendment intended to be proposed by him ation on Lake Texoma who are currently li- that all individuals traveling by airplane to to the bill S. 1023, supra; which was ordered censed by the Coast Guard to conduct such the United States from a program country to lie on the table. activities shall not be subject to State regu- have their travel authorization verified be- SA 1332. Mr. COBURN submitted an lation for as long as the Coast Guard license fore boarding the airplane. amendment intended to be proposed by him for such activities remains valid. ‘‘(ii) RECIPIENTS.—The strategic plan pre- to the bill S. 1023, supra; which was ordered (b) STATE REQUIREMENTS NOT AFFECTED.— pared under clause (i) shall be submitted to— to lie on the table. Except as provided in subsection (a)(2), this ‘‘(I) the Committee on Appropriations of SA 1333. Mr. COBURN submitted an section does not affect any requirement the Senate; amendment intended to be proposed by him under State law or under any license issued ‘‘(II) the Committee on Homeland Security to the bill S. 1023, supra; which was ordered under State law. and Governmental Affairs of the Senate; to lie on the table. SEC. 10. WAIVER OF BIOMETRIC TRANSPOR- ‘‘(III) the Committee on the Judiciary of SA 1334. Mr. COBURN submitted an TATION SECURITY CARD REQUIRE- the Senate; amendment intended to be proposed by him MENT FOR CERTAIN SMALL BUSI- ‘‘(IV) the Committee on Appropriations of to the bill S. 1023, supra; which was ordered NESS MERCHANT MARINERS. the House of Representatives; to lie on the table. Section 70105(b)(2)(B) of title 46, United ‘‘(V) the Committee on Homeland Security SA 1335. Mr. BARRASSO submitted an States Code, is amended by inserting ‘‘and of the House of Representatives; amendment intended to be proposed by him serving under the authority of such license, ‘‘(VI) the Committee on the Judiciary of to the bill S. 1023, supra; which was ordered certificate of registry, or merchant mariners the House of Representatives; and to lie on the table. document on a vessel for which the owner or ‘‘(VII) the Comptroller General of the SA 1336. Ms. SNOWE submitted an amend- operator of such vessel is required to submit United States. ment intended to be proposed by her to the a vessel security plan under section 70103(c) ‘‘(iii) MILESTONES.—The strategic plan pre- bill S. 1023, supra; which was ordered to lie of this title’’ before the semicolon. pared under clause (i) shall include a de- on the table. tailed timeline that describes the specific ac- SA 1337. Ms. SNOWE submitted an amend- SA 1323. Mr. LIEBERMAN submitted tions that will be taken to achieve the fol- ment intended to be proposed by her to the an amendment intended to be proposed lowing milestones: bill S. 1023, supra; which was ordered to lie by him to the bill S. 1023, to establish ‘‘(I) Enrollment of all travelers from pro- on the table. a non-profit corporation to commu- gram countries into the System. f nicate United States entry policies and ‘‘(II) Incorporation of the airlines into the otherwise promote leisure, business, System. TEXT OF AMENDMENTS ‘‘(III) Deployment of the technology of the and scholarly travel to the United SA 1321. Mr. GRAHAM submitted an System in all airports located in program States; which was ordered to lie on the amendment intended to be proposed by countries, either through the use of stand- table; as follows: him to the bill S. 1023, to establish a alone kiosks or through the participation of non-profit corporation to communicate On page 19, strike line 13 and all that fol- the airlines. ‘‘(IV) Verification of travel authorizations United States entry policies and other- lows through page 25, line 10, and insert the following: of all aliens described in subsection (a) be- wise promote leisure, business, and SEC. 5. ELECTRONIC SYSTEM FOR TRAVEL AU- fore they board an airplane bound for the scholarly travel to the United States; THORIZATION. United States. which was ordered to lie on the table; (a) TRAVEL PROMOTION FUND FEES.—Sec- ‘‘(V) Administration of the System solely as follows: tion 217(h)(3)(B) of the Immigration and Na- with fees collected under subparagraph At the end, insert the following: tionality Act (8 U.S.C. 1187(h)(3)(B)) is (B)(i)(II). ‘‘(iv) COMMUNICATIONS STRATEGY.—The SEC. l. RESTORATION OF DEDUCTION FOR amended to read as follows: TRAVEL EXPENSES OF SPOUSE, ETC. ‘‘(B) FEES.— strategic plan prepared under clause (i) shall ACCOMPANYING TAXPAYER ON ‘‘(i) IN GENERAL.—No later than September include— BUSINESS TRAVEL. 30, 2009, the Secretary of Homeland Security ‘‘(I) an analysis of the System’s commu- (a) IN GENERAL.—Subsection (m) of section shall establish a fee for the use of the Sys- nications strategy; and 274 of the Internal Revenue Code of 1986 (re- tem and begin assessment and collection of ‘‘(II) recommendation for improving the lating to additional limitations on travel ex- that fee. The initial fee shall be the sum of— communications strategy to ensure that all penses) is amended by striking paragraph (3). ‘‘(I) $10 per travel authorization; and travelers to the United States from program (b) EFFECTIVE DATE.—The amendment ‘‘(II) an amount that will at least ensure countries are informed of the requirements made by this section shall apply to amounts recovery of the full costs of providing and under this section.’’. paid or incurred after the date of the enact- administering the System, as determined by (2) GAO REVIEW.—Not later than 90 days ment of this Act. the Secretary. after receiving a copy of the strategic plan ‘‘(ii) DISPOSITION OF AMOUNTS COLLECTED.— under section 217(h)(3)(E) of the Immigration SA 1322. Mr. INHOFE (for himself From the amounts collected under clause and Nationality Act, as added by paragraph and Mr. COBURN) submitted an amend- (i)(I), $100,000,000 shall be credited to the (1), the Comptroller General shall complete a ment intended to be proposed by him Travel Promotion Fund established under review of the plan to determine whether the section 4 of the Travel Promotion Act of plan addresses the main security risks asso- to the bill S. 1023, to establish a non- ciated with the Electronic System for Travel profit corporation to communicate 2009, and any additional amounts shall be used by the Secretary for travel security Authorization in an efficient, cost effective, United States entry policies and other- programs authorized under section 217 of the and timely manner. wise promote leisure, business, and Immigration and Nationality Act (8 U.S.C. (c) FUNDING LIMITATION.—None of the scholarly travel to the United States; 1187), including the Electronic System for amounts made available to the Secretary of which was ordered to lie on the table; Travel Authorization (ESTA) and the United Homeland Security under section as follows: States Visitor and Immigrant Status Indi- 217(h)(3)(B)(i)(II) of the Immigration and Na- tionality Act, as added by subsection (a), to At the end, add the following: cator Technology (US–VISIT). Amounts col- lected under clause (i)(II) shall be trans- carry out the Electronic System for Travel SEC. 9. EXEMPTION OF FISHING GUIDES AND ferred to the general fund of the Treasury Authorization authorized under section OTHER OPERATORS OF 217(h)(3) of such Act may be expended until UNINSPECTED VESSELS ON LAKE and made available to pay the costs incurred TEXOMA FROM COAST GUARD AND to administer the System. the Secretary submits the strategic plan re- OTHER REGULATIONS. ‘‘(iii) SUNSET OF TRAVEL PROMOTION FUND quired by section 217(h)(3)(E) of such Act. (a) EXEMPTION.— FEE.—The Secretary may not collect the fee SEC. 6. ASSESSMENT AUTHORITY. (1) EXEMPTION OF STATE LICENSEES FROM authorized by clause (i)(I) for fiscal years be- (a) IN GENERAL.—Except as otherwise pro- COAST GUARD REGULATION.—Residents or non- ginning after September 30, 2014.’’. vided in this section, the Corporation may residents who assist, accompany, transport, (b) STRATEGIC PLAN.— impose an annual assessment on United guide, or aid persons in the taking of fish for (1) IN GENERAL.—Section 217(h)(3) of the States members of the international travel monetary compensation or other consider- Immigration and Nationality Act (8 U.S.C. and tourism industry (other than those de- ation on Lake Texoma who are licensed by 1187(h)(3)) is amended by adding at the end scribed in section 2(b)(1)(C) or (H)) rep- the State in which they are operating shall the following: resented on the Board in proportion to their not be subject to any requirement estab- ‘‘(E) STRATEGIC PLAN.— share of the aggregate international travel lished or administered by the Coast Guard ‘‘(i) SUBMISSION.—Not later than 180 days and tourism revenue of the industry. The with respect to that operation. after the date of the enactment of the Travel Corporation shall be responsible for

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.058 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6732 CONGRESSIONAL RECORD — SENATE June 17, 2009 verifying, implementing, and collecting the Homeland Security in setting policies relat- some remaining in custody for years after assessment authorized by this section. ing to the Nation’s ports of entry and the cessation of World War II hostilities, and re- (b) INITIAL ASSESSMENT LIMITED.—The Cor- processes through which individuals are ad- patriated, exchanged, or deported European poration may establish the initial assess- mitted into the United States. Americans, including American-born chil- ment after the date of enactment of the ‘‘(c) FUNCTIONS.—The Office shall— dren, to European Axis nations, many to be Travel and Tourism Promotion Act at no ‘‘(1) serve as liaison to the Corporation for exchanged for Americans held in those na- greater, in the aggregate, than $20,000,000. Travel Promotion established by section 2 of tions. (c) REFERENDA.— the Travel Promotion Act of 2009 and sup- (3) Pursuant to a policy coordinated by the (1) IN GENERAL.—The Corporation may not port and encourage the development of pro- United States with Latin American nations, impose an annual assessment unless— grams to increase the number of inter- thousands of European Latin Americans, in- (A) the Corporation submits the proposed national visitors to the United States for cluding German and Austrian Jews, were ar- annual assessment to members of the indus- business, leisure, educational, medical, ex- rested, relocated to the United States, and try in a referendum; and change, and other purposes; interned. Many were later repatriated or de- (B) the assessment is approved by a major- ‘‘(2) work with the Corporation, the Sec- ported to European Axis nations during ity of those voting in the referendum. retary of State and the Secretary of Home- World War II and exchanged for Americans (2) PROCEDURAL REQUIREMENTS.—In con- land Security— and Latin Americans held in those nations. ducting a referendum under this subsection, ‘‘(A) to disseminate information more ef- (4) Millions of European Americans served the Corporation shall— fectively to potential international visitors in the Armed Forces and thousands sac- (A) provide written or electronic notice not about documentation and procedures re- rificed their lives in defense of the United less than 60 days before the date of the ref- quired for admission to the United States as States. erendum; a visitor; (5) The wartime policies of the United (B) describe the proposed assessment or in- ‘‘(B) to advise the Secretary of Homeland States Government were devastating to the crease and explain the reasons for the ref- Security on ways to improve the experience German American and Italian American erendum in the notice; and of incoming international passengers and to communities, individuals, and their families. (C) determine the results of the referendum provide these passengers with more accurate The detrimental effects are still being expe- on the basis of weighted voting apportioned information; rienced. according to each business entity’s relative ‘‘(C) to collect accurate data on the total (6) Prior to and during World War II, the share of the aggregate annual United States number of international visitors that visit United States restricted the entry of Jewish international travel and tourism revenue for each State; and refugees who were fleeing persecution or the industry per business entity, treating all ‘‘(D) to advise the Secretary of Homeland genocide and sought safety in the United related entities as a single entity. Security on ways to enhance the entry and States. During the 1930s and 1940s, the quota (d) COLLECTION.— departure experience for international visi- system, immigration regulations, visa re- (1) IN GENERAL.—The Corporation shall es- tors through the use of advertising, signage, quirements, and the time required to process tablish a means of collecting the assessment and customer service; and visa applications affected the number of that it finds to be efficient and effective. The ‘‘(3) support State, regional, and private Jewish refugees, particularly those from Corporation may establish a late payment sector initiatives to promote travel to and Germany and Austria, who could gain admit- charge and rate of interest to be imposed on within the United States. tance to the United States. any person who fails to remit or pay to the ‘‘(d) REPORTS TO CONGRESS.—Not later than (7) The United States Government should Corporation any amount assessed by the Cor- 1 year after the date of the enactment of the conduct an independent review to fully as- poration under this Act. Travel Promotion Act of 2009, and periodi- sess and acknowledge these actions. Con- (2) ENFORCEMENT.—The Corporation may cally thereafter, as appropriate, the Sec- gress has previously reviewed the United bring suit in Federal court to compel compli- retary shall submit a report to the Com- States Government’s wartime treatment of ance with an assessment levied by the Cor- mittee on Commerce, Science, and Transpor- Japanese Americans through the Commis- poration under this Act. tation of the Senate, the Committee on sion on Wartime Relocation and Internment (e) INVESTMENT OF FUNDS.—Pending dis- Homeland Security and Governmental Af- of Civilians. An independent review of the bursement pursuant to a program, plan, or fairs of the Senate, the Committee on For- treatment of German Americans and Italian project, the Corporation may invest funds eign Relations of the Senate, the Committee Americans and of Jewish refugees fleeing collected through assessments, and any on Energy and Commerce of the House of persecution and genocide has not yet been other funds received by the Corporation, Representatives, the Committee on Home- undertaken. only in obligations of the United States or land Security of the House of Representa- (8) Time is of the essence for the establish- any agency thereof, in general obligations of tives, and the Committee on Foreign Affairs ment of commissions, because of the increas- any State or any political subdivision there- of the House of Representatives, which de- ing danger of destruction and loss of relevant of, in any interest-bearing account or certifi- scribes the Office’s work with the Corpora- documents, the advanced age of potential cate of deposit of a bank that is a member of tion, the Secretary of State, and the Sec- witnesses and, most importantly, the ad- the Federal Reserve System, or in obliga- retary of Homeland Security to carry out vanced age of those affected by the United tions fully guaranteed as to principal and in- subsection (c)(2).’’. States Government’s policies. Many who suf- terest by the United States. SA 1324. Mr. FEINGOLD submitted fered have already passed away and will SEC. 7. OFFICE OF TRAVEL PROMOTION. never know of this effort. Title II of the International Travel Act of an amendment intended to be proposed 1961 (22 U.S.C. 2121 et seq.) is amended by in- by him to the bill S. 1023, to establish SEC. 103. DEFINITIONS. serting after section 201 the following: a non-profit corporation to commu- In this title: ‘‘SEC. 202. OFFICE OF TRAVEL PROMOTION. nicate United States entry policies and (1) DURING WORLD WAR II.—The term ‘‘dur- ‘‘(a) OFFICE ESTABLISHED.—There is estab- otherwise promote leisure, business, ing World War II’’ refers to the period be- lished within the Department of Commerce and scholarly travel to the United tween September 1, 1939, through December an office to be known as the Office of Travel States; which was ordered to lie on the 31, 1948. Promotion. table; as follows: (2) EUROPEAN AMERICANS.— ‘‘(b) DIRECTOR.— (A) IN GENERAL.—The term ‘‘European At the end of the bill, add the following: ‘‘(1) APPOINTMENT.—The Office shall be Americans’’ refers to United States citizens headed by a Director who shall be appointed TITLE I—COMMISSIONS ON WARTIME and resident aliens of European ancestry, in- by the Secretary. TREATMENT cluding Italian Americans, German Ameri- ‘‘(2) QUALIFICATIONS.—The Director shall SEC. 101. SHORT TITLE. cans, Hungarian Americans, Romanian be a citizen of the United States and have ex- This title may be cited as the ‘‘Wartime Americans, and Bulgarian Americans. perience in a field directly related to the Treatment Study Act’’. (B) GERMAN AMERICANS.—The term ‘‘Ger- promotion of travel to and within the United SEC. 102. FINDINGS. man Americans’’ refers to United States citi- States. Congress makes the following findings: zens and resident aliens of German ancestry. ‘‘(3) DUTIES.—The Director shall— (1) During World War II, the United States (C) ITALIAN AMERICANS.—The term ‘‘Italian ‘‘(A) report to the Secretary; Government deemed as ‘‘enemy aliens’’ more Americans’’ refers to United States citizens ‘‘(B) ensure that the Office is effectively than 600,000 Italian-born and 300,000 German- and resident aliens of Italian ancestry. carrying out its functions; and born United States resident aliens and their (3) EUROPEAN LATIN AMERICANS.—The term ‘‘(C) perform a purely advisory role relat- families, requiring them to carry Certifi- ‘‘European Latin Americans’’ refers to per- ing to any responsibilities described in sub- cates of Identification and limiting their sons of European ancestry, including Ger- section (c) that are related to functions car- travel and personal property rights. At that man or Italian ancestry, residing in a Latin ried out by the Department of Homeland Se- time, these groups were the two largest for- American nation during World War II. curity or the Department of State. eign-born groups in the United States. (4) LATIN AMERICAN NATION.—The term ‘‘(4) RULE OF CONSTRUCTION.—Nothing in (2) During World War II, the United States ‘‘Latin American nation’’ refers to any na- this section may be construed to override Government arrested, interned, or otherwise tion in Central America, South America, or the preeminent role of the Secretary of detained thousands of European Americans, the Caribbean.

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Subtitle A—Commission on Wartime a list of such companies and the terms and (b) GOVERNMENT INFORMATION AND CO- Treatment of European Americans type of employment), exchange, repatri- OPERATION.—The European American Com- SEC. 111. ESTABLISHMENT OF COMMISSION ON ation, and deportation, and the immediate mission may acquire directly from the head WARTIME TREATMENT OF EURO- and long-term effect of such actions, particu- of any department, agency, independent in- PEAN AMERICANS. larly internment, on the lives of those af- strumentality, or other authority of the ex- (a) IN GENERAL.—There is established the fected. This review shall also include a list ecutive branch of the Government, available Commission on Wartime Treatment of Euro- of— information that the European American pean Americans (referred to in this subtitle (A) all temporary detention and long-term Commission considers useful in the dis- as the ‘‘European American Commission’’). internment facilities in the United States charge of its duties. All departments, agen- (b) MEMBERSHIP.—The European American and Latin American nations that were used cies, and independent instrumentalities, or Commission shall be composed of 7 members, to detain or intern European Americans and other authorities of the executive branch of who shall be appointed not later than 90 days European Latin Americans during World War the Government shall cooperate with the Eu- after the date of enactment of this Act as II (in this paragraph referred to as ‘‘World ropean American Commission and furnish all information requested by the European follows: War II detention facilities’’); American Commission to the extent per- (1) Three members shall be appointed by (B) the names of European Americans and mitted by law, including information col- the President. European Latin Americans who died while in lected under the Commission on Wartime (2) Two members shall be appointed by the World War II detention facilities and where they were buried; and Internment of Civilians Act (Public Law Speaker of the House of Representatives, in 96–317; 50 U.S.C. App. 1981 note) and the War- (C) the names of children of European consultation with the minority leader. time Violation of Italian Americans Civil Americans and European Latin Americans (3) Two members shall be appointed by the Liberties Act (Public Law 106–451; 50 U.S.C. who were born in World War II detention fa- majority leader of the Senate, in consulta- App. 1981 note). For purposes of section cilities and where they were born; and tion with the minority leader. 552a(b)(9) of title 5, United States Code (com- (c) TERMS.—The term of office for members (D) the nations from which European Latin monly known as the ‘‘Privacy Act of 1974’’), shall be for the life of the European Amer- Americans were brought to the United the European American Commission shall be ican Commission. A vacancy in the European States, the ships that transported them to deemed to be a committee of jurisdiction. the United States and their departure and American Commission shall not affect its SEC. 114. ADMINISTRATIVE PROVISIONS. powers, and shall be filled in the same man- disembarkation ports, the locations where The European American Commission is au- ner in which the original appointment was European Americans and European Latin thorized to— made. Americans were exchanged for persons held (1) appoint and fix the compensation of (d) REPRESENTATION.—The European Amer- in European Axis nations, and the ships that such personnel as may be necessary, without ican Commission shall include 2 members transported them to Europe and their depar- regard to the provisions of title 5, United representing the interests of Italian Ameri- ture and disembarkation ports. States Code, governing appointments in the cans and two members representing the in- (2) An assessment of the underlying ration- competitive service, and without regard to terests of German Americans. ale of the decision of the United States Gov- the provisions of chapter 51 and subchapter (e) MEETINGS.—The President shall call the ernment to develop the programs and poli- III of chapter 53 of such title relating to clas- first meeting of the European American cies described in paragraph (1), the informa- sification and General Schedule pay rates, Commission not later than 120 days after the tion the United States Government received except that the compensation of any em- date of enactment of this Act. or acquired suggesting these programs and ployee of the Commission may not exceed a (f) QUORUM.—Four members of the Euro- policies were necessary, the perceived ben- rate equivalent to the rate payable under pean American Commission shall constitute efit of enacting such programs and policies, GS–15 of the General Schedule under section a quorum, but a lesser number may hold and the immediate and long-term impact of 5332 of such title; hearings. such programs and policies on European (2) obtain the services of experts and con- (g) CHAIRMAN.—The European American Americans and European Latin Americans sultants in accordance with the provisions of Commission shall elect a Chairman and Vice and their communities. section 3109 of such title; Chairman from among its members. The (3) A brief review of the participation by (3) obtain the detail of any Federal Govern- term of office of each shall be for the life of European Americans in the United States ment employee, and such detail shall be the European American Commission. Armed Forces, including the participation of without reimbursement or interruption or (h) COMPENSATION.— European Americans whose families were ex- loss of civil service status or privilege; (1) IN GENERAL.—Members of the European cluded, interned, repatriated, or exchanged. (4) enter into agreements with the Admin- American Commission shall serve without (4) A recommendation of appropriate rem- istrator of General Services for procurement pay. edies, including public education programs of necessary financial and administrative (2) REIMBURSEMENT OF EXPENSES.—All and the creation of a comprehensive online services, for which payment shall be made by members of the European American Commis- database by the National Archives and reimbursement from funds of the Commis- sion shall be reimbursed for reasonable trav- Records Administration of documents re- sion in such amounts as may be agreed upon el and subsistence, and other reasonable and lated to the United States Government’s by the Chairman of the Commission and the necessary expenses incurred by them in the wartime treatment of European Americans Administrator; performance of their duties. and European Latin Americans during World (5) procure supplies, services, and property SEC. 112. DUTIES OF THE EUROPEAN AMERICAN War II. by contract in accordance with applicable COMMISSION. (c) FIELD HEARINGS.—The European Amer- laws and regulations and to the extent or in (a) IN GENERAL.—It shall be the duty of the ican Commission shall hold public hearings such amounts as are provided in appropria- European American Commission to review in such cities of the United States as it tion Acts; and the United States Government’s wartime deems appropriate. (6) enter into contracts with Federal or treatment of European Americans and Euro- (d) REPORT.—The European American Com- State agencies, private firms, institutions, pean Latin Americans as provided in sub- mission shall submit a written report of its and agencies for the conduct of research or section (b). findings and recommendations to Congress surveys, the preparation of reports, and (b) SCOPE OF REVIEW.—The European not later than 18 months after the date of other activities necessary to the discharge of American Commission’s review shall include the first meeting called pursuant to section the duties of the Commission, to the extent the following: 111(e). or in such amounts as are provided in appro- (1) A comprehensive review of the facts and SEC. 113. POWERS OF THE EUROPEAN AMERICAN priation Acts. circumstances surrounding United States COMMISSION. SEC. 115. AUTHORIZATION OF APPROPRIATIONS. Government action during World War II with (a) IN GENERAL.—The European American There is authorized to be appropriated respect to European Americans and Euro- Commission or, on the authorization of the $600,000 to carry out this subtitle. pean Latin Americans pursuant to United Commission, any subcommittee or member SEC. 116. SUNSET. States laws and directives, including the thereof, may, for the purpose of carrying out The European American Commission shall Alien Enemies Acts (50 U.S.C. 21 et seq.), the provisions of this subtitle, hold such terminate 60 days after it submits its report Presidential Proclamations 2526, 2527, 2655, hearings and sit and act at such times and to Congress. 2662, and 2685, Executive Orders 9066 and 9095, places, and request the attendance and testi- Subtitle B—Commission on Wartime and any directive of the United States Gov- mony of such witnesses and the production Treatment of Jewish Refugees ernment pursuant to these and other perti- of such books, records, correspondence, SEC. 121. ESTABLISHMENT OF COMMISSION ON nent laws, proclamations, or executive or- memorandum, papers, and documents as the WARTIME TREATMENT OF JEWISH ders, including registration requirements, Commission or such subcommittee or mem- REFUGEES. travel and property restrictions, establish- ber may deem advisable. The European (a) IN GENERAL.—There is established the ment of restricted areas, raids, arrests, in- American Commission may request the At- Commission on Wartime Treatment of Jew- ternment, exclusion, policies relating to the torney General to invoke the aid of an appro- ish Refugees (referred to in this subtitle as families and property that excludees and in- priate United States district court to re- the ‘‘Jewish Refugee Commission’’). ternees were forced to abandon, internee em- quire, by subpoena or otherwise, such at- (b) MEMBERSHIP.—The Jewish Refugee ployment by American companies (including tendance, testimony, or production. Commission shall be composed of 7 members,

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.061 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6734 CONGRESSIONAL RECORD — SENATE June 17, 2009 who shall be appointed not later than 90 days mission, any subcommittee or member Subtitle C—Funding Source after the date of enactment of this Act as thereof, may, for the purpose of carrying out SEC. 131. FUNDING SOURCE. follows: the provisions of this subtitle, hold such Of the funds made available for the Depart- (1) Three members shall be appointed by hearings and sit and act at such times and ment of Justice by the Department of Jus- the President. places, and request the attendance and testi- tice Appropriations Act, 2009 (title II of divi- (2) Two members shall be appointed by the mony of such witnesses and the production sion B of Public Law 111–8), $1,200,000 is here- Speaker of the House of Representatives, in of such books, records, correspondence, by rescinded. consultation with the minority leader. memorandum, papers, and documents as the (3) Two members shall be appointed by the Commission or such subcommittee or mem- SA 1325. Mr. BROWNBACK (for him- majority leader of the Senate, in consulta- ber may deem advisable. The Jewish Refugee self, Mr. KYL, Mr. CRAPO, Mr. ROBERTS, tion with the minority leader. Commission may request the Attorney Gen- Mr. RISCH, Mr. COBURN, Mr. CORNYN, (c) TERMS.—The term of office for members eral to invoke the aid of an appropriate Mr. BOND, Mr. INHOFE, Mr. DEMINT, Mr. shall be for the life of the Jewish Refugee United States district court to require, by BUNNING, Mr. BENNETT, Mr. CHAMBLISS, Commission. A vacancy in the Jewish Ref- subpoena or otherwise, such attendance, tes- and Mr. JOHANNS) submitted an amend- ugee Commission shall not affect its powers, timony, or production. ment intended to be proposed by him and shall be filled in the same manner in (b) GOVERNMENT INFORMATION AND CO- to the bill S. 1023, to establish a non- which the original appointment was made. OPERATION.—The Jewish Refugee Commis- (d) REPRESENTATION.—The Jewish Refugee sion may acquire directly from the head of profit corporation to communicate Commission shall include two members rep- any department, agency, independent instru- United States entry policies and other- resenting the interests of Jewish refugees. mentality, or other authority of the execu- wise promote leisure, business, and (e) MEETINGS.—The President shall call the tive branch of the Government, available in- scholarly travel to the United States; first meeting of the Jewish Refugee Commis- formation that the Jewish Refugee Commis- which was ordered to lie on the table; sion not later than 120 days after the date of sion considers useful in the discharge of its as follows: enactment of this Act. duties. All departments, agencies, and inde- At the end of the bill, add the following: (f) QUORUM.—Four members of the Jewish pendent instrumentalities, or other authori- SEC. 9. DESIGNATION AS A COUNTRY THAT HAS Refugee Commission shall constitute a ties of the executive branch of the Govern- REPEATEDLY PROVIDED SUPPORT quorum, but a lesser number may hold hear- ment shall cooperate with the Jewish Ref- FOR ACTS OF INTERNATIONAL TER- ings. ugee Commission and furnish all information RORISM. (g) CHAIRMAN.—The Jewish Refugee Com- requested by the Jewish Refugee Commission (a) DESIGNATION.—Until the President mission shall elect a Chairman and Vice to the extent permitted by law. For purposes makes the certification required under sub- Chairman from among its members. The of section 552a(b)(9) of title 5, United States section (b), the Secretary of State shall des- term of office of each shall be for the life of Code (commonly known as the ‘‘Privacy Act ignate the Democratic People’s Republic of the Jewish Refugee Commission. of 1974’’), the Jewish Refugee Commission North Korea as a country that has repeat- (h) COMPENSATION.— shall be deemed to be a committee of juris- edly provided support for acts of inter- (1) IN GENERAL.—Members of the Jewish diction. national terrorism for purposes of section 6(j) of the Export Administration Act of 1979 Refugee Commission shall serve without pay. SEC. 124. ADMINISTRATIVE PROVISIONS. (2) REIMBURSEMENT OF EXPENSES.—All (50 U.S.C. App. 2405(j)), section 40 of the The Jewish Refugee Commission is author- members of the Jewish Refugee Commission Arms Export Control Act (22 U.S.C. 2780), and ized to— shall be reimbursed for reasonable travel and section 620A of the Foreign Assistance Act of (1) appoint and fix the compensation of subsistence, and other reasonable and nec- 1961 (22 U.S.C. 2371). such personnel as may be necessary, without essary expenses incurred by them in the per- (b) CERTIFICATION REGARDING ACTIONS BY regard to the provisions of title 5, United formance of their duties. GOVERNMENT OF NORTH KOREA.—The certifi- States Code, governing appointments in the cation referred to in subsection (a) is a cer- SEC. 122. DUTIES OF THE JEWISH REFUGEE COM- competitive service, and without regard to tification to Congress that the Government MISSION. the provisions of chapter 51 and subchapter of North Korea has— (a) IN GENERAL.—It shall be the duty of the III of chapter 53 of such title relating to clas- (1) verifiably dismantled its nuclear weap- Jewish Refugee Commission to review the sification and General Schedule pay rates, ons programs; United States Government’s refusal to allow except that the compensation of any em- (2) ceased all nuclear and missile prolifera- Jewish and other refugees fleeing persecu- ployee of the Commission may not exceed a tion activities; tion or genocide in Europe entry to the rate equivalent to the rate payable under (3) released United States citizens Euna United States as provided in subsection (b). GS–15 of the General Schedule under section Lee and Laura Ling; (b) SCOPE OF REVIEW.—The Jewish Refugee 5332 of such title; (4) returned the last remains of United Commission’s review shall cover the period (2) obtain the services of experts and con- States permanent resident, Reverend Kim between January 1, 1933, through December sultants in accordance with the provisions of Dong-shik; 31, 1945, and shall include, to the greatest ex- section 3109 of such title; (5) released, or accounted for, all foreign tent practicable, the following: (3) obtain the detail of any Federal Govern- abductees and prisoners of war; and (1) A review of the United States Govern- ment employee, and such detail shall be (6) released all North Korean prisoners of ment’s decision to deny Jewish and other without reimbursement or interruption or conscience. refugees fleeing persecution or genocide loss of civil service status or privilege; entry to the United States, including a re- (4) enter into agreements with the Admin- SA 1326. Mrs. FEINSTEIN (for herself view of the underlying rationale of the istrator of General Services for procurement and Mr. LIEBERMAN) submitted an United States Government’s decision to of necessary financial and administrative amendment intended to be proposed by refuse the Jewish and other refugees entry, services, for which payment shall be made by her to the bill S. 1023, to establish a the information the United States Govern- reimbursement from funds of the Commis- non-profit corporation to communicate ment received or acquired suggesting such sion in such amounts as may be agreed upon United States entry policies and other- refusal was necessary, the perceived benefit by the Chairman of the Commission and the of such refusal, and the impact of such re- wise promote leisure, business, and Administrator; scholarly travel to the United States; fusal on the refugees. (5) procure supplies, services, and property (2) A review of Federal refugee law and pol- by contract in accordance with applicable which was ordered to lie on the table; icy relating to those fleeing persecution or laws and regulations and to the extent or in as follows: genocide, including recommendations for such amounts as are provided in appropria- Beginning on page 19, strike line 17 and all making it easier in the future for victims of tion Acts; and that follows through page 20, line 10, and in- persecution or genocide to obtain refuge in (6) enter into contracts with Federal or sert the following: the United States. State agencies, private firms, institutions, ‘‘(B) FEES.— (c) FIELD HEARINGS.—The Jewish Refugee and agencies for the conduct of research or ‘‘(i) IN GENERAL.—Not later than Sep- Commission shall hold public hearings in surveys, the preparation of reports, and tember 30, 2009, the Secretary of Homeland such cities of the United States as it deems other activities necessary to the discharge of Security shall establish a fee for the use of appropriate. the duties of the Commission, to the extent the System and begin assessment and collec- (d) REPORT.—The Jewish Refugee Commis- or in such amounts as are provided in appro- tion of that fee. Such fee shall be not less sion shall submit a written report of its find- priation Acts. than $20 per travel authorization and distrib- ings and recommendations to Congress not uted as follows: SEC. 125. AUTHORIZATION OF APPROPRIATIONS. later than 18 months after the date of the ‘‘(I) $10 of each fee shall be transferred to first meeting called pursuant to section There is authorized to be appropriated the Travel Promotion Fund established by 121(e). $600,000 to carry out this subtitle. section 4(a) of the Travel Promotion Act of SEC. 123. POWERS OF THE JEWISH REFUGEE SEC. 126. SUNSET. 2009. COMMISSION. The Jewish Refugee Commission shall ter- ‘‘(II) The amount of each fee not trans- (a) IN GENERAL.—The Jewish Refugee Com- minate 60 days after it submits its report to ferred under subclause (I) shall be available mission or, on the authorization of the Com- Congress. to the Secretary of Homeland Security—

VerDate Nov 24 2008 05:12 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.061 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6735 ‘‘(aa) to carry out the exit system required (b) CREATION OF MANAGEMENT AUTHORITY which was ordered to lie on the table; by section 217(i) and similar programs at sea FOR DESIGNATED TARP RECIPIENTS.— as follows: and land ports of entry; and (1) FEDERAL ASSISTANCE LIMITED.—Notwith- At the appropriate place, insert the fol- ‘‘(bb) to ensure recovery of the full costs of standing any provision of the Emergency lowing: providing and administering the System. Economic Stabilization Act of 2008, or any SEC.l. ENERGY MARKET MANIPULATION PRE- ‘‘(ii) EXCEPTION.—Any amount collected for other provision of law, no funds may be ex- VENTION. distribution under clause (i)(I) for a fiscal pended under the Troubled Asset Relief Pro- (a) FINDING.—The Congress finds as fol- year that exceeds the maximum amount that gram, or any other provision of that Act, on lows: may be transferred to the Travel Promotion or after the date of enactment of this Act, (1) The Commodity Futures Trading Com- Fund under subsections (b), (c), and (d) of until the Secretary of the Treasury transfers mission was created as an independent agen- section 4 of the Travel Promotion Act of 2009 all voting, nonvoting, and common equity in cy, in 1974, with the mandate to enforce and for such fiscal year shall be made available any designated TARP recipient to a limited administer the Commodity Exchange Act, to to the Secretary of Homeland Security under liability company established by the Sec- ensure market integrity, to protect market clause (i)(II). retary for such purpose, to be held and man- users from fraud and abusive trading prac- ‘‘(iii) ANNUAL REPORT.—The Secretary of aged in trust on behalf of the United States tices, and to prevent and prosecute manipu- Homeland Security shall submit to Congress taxpayers. lation of the price of any commodity in an annual report on the use of the fees de- (2) APPOINTMENT OF TRUSTEES.— interstate commerce. scribed in clause (i). (A) IN GENERAL.—The President shall ap- (2) Congress has given the Commodity Fu- point 3 independent trustees to manage the tures Trading Commission authority under SA 1327. Mr. REID (for Mr. KENNEDY equity held in the trust, separate and apart the Commodity Exchange Act to take nec- (for himself and Mr. KERRY)) submitted from the United States Government. essary actions to address market emer- an amendment intended to be proposed (B) CRITERIA.—Trustees appointed under gencies. by Mr. REID to the bill S. 1023, to estab- this subsection— (3) The Commodity Futures Trading Com- lish a non-profit corporation to com- (i) may not be elected or appointed Govern- mission may use its emergency authority municate United States entry policies ment officials; with respect to any major market disturb- (ii) shall serve at the pleasure of the Presi- ance which prevents the market from accu- and otherwise promote leisure, busi- dent, and may be removed for just cause in rately reflecting the forces of supply and de- ness, and scholarly travel to the United violation of their fiduciary responsibilities mand for a commodity. States; which was ordered to lie on the only; and (4) Congress has declared, in section 4a of table; as follows: (iii) shall serve without compensation for the Commodity Exchange Act, that excessive At the appropriate place, insert the fol- their services under this section. speculation imposes an undue and unneces- lowing: (3) DUTIES OF TRUST.—Pursuant to pro- sary burden on interstate commerce. SEC. ll. REDESIGNATION OF LONGFELLOW NA- tecting the interests and investment of the (5) In May of 2009, crude oil inventories in TIONAL HISTORIC SITE, MASSACHU- United States taxpayer, the trust established the United States were at their highest level SETTS. under this section shall, with the purpose of in 20 years. (a) IN GENERAL.—The Longfellow National maximizing the profitability of the des- (6) In May of 2009, demand for oil in the Historic Site in Cambridge, Massachusetts, ignated TARP recipient— United States dropped to its lowest level in shall be known and designated as ‘‘Long- (A) exercise the voting rights of the shares more than a decade. fellow House-Washington’s Headquarters Na- of the taxpayer on all core governance (7) As of June 17, 2009, average retail gaso- tional Historic Site’’. issues; line prices have risen for 50 consecutive days, (b) REFERENCES.—Any reference in a law, (B) select the representation on the boards the longest streak on record. map, regulation, document, paper, or other of directors of any designated TARP recipi- (8) The national average price of a gallon record of the United States to the Long- ent; and of gasoline has jumped from $1.61 a gallon in fellow National Historic Site shall be consid- (C) have a fiduciary duty to the American late December of 2008 to over $2.67 as of June ered to be a reference to the ‘‘Longfellow taxpayer for the maximization of the return 17, 2009. House-Washington’s Headquarters National on the investment of the taxpayer made (9) The Energy Information Administra- Historic Site’’. under the Emergency Economic Stabiliza- tion reported on June 17, 2009 that U.S. gaso- tion Act of 2008, in the same manner and to line stocks rose by 3.4 million barrels last SA 1328. Mr. COBURN submitted an the same extent that any director of an week. (10) As of June 17, 2009, crude oil prices amendment intended to be proposed by issuer of securities has with respect to its have more than doubled since February of shareholders under the securities laws and him to the bill S. 1023, to establish a 2009. non-profit corporation to communicate all applications of State law. (11) The International Energy Agency pre- United States entry policies and other- (4) LIQUIDATION.—The trustees shall liq- dicted in June of 2009 that global oil demand wise promote leisure, business, and uidate the trust established under this sub- will go down in 2009 by 2.47 million barrels section, including the assets held by such scholarly travel to the United States; per day, including a one million barrel per trust, not later than December 24, 2011, un- day reduction in oil demand in the United which was ordered to lie on the table; less the trustees submit a report to Congress as follows: States. that liquidation would not maximize the (b) DIRECTION FROM CONGRESS.—The Com- On page 21, strike lines 11 and 12, and in- profitability of the company and the return modity Futures Trading Commission shall sert: on investment to the taxpayer. utilize all its authority, including its emer- (B) the assessment is approved unani- (c) DEFINITIONS.—As used in this section— gency powers, to— mously by those voting in the referendum. (1) the term ‘‘designated TARP recipient’’ (1) curb immediately the role of excessive means any entity that has received, or will speculation in any contract market within SA 1329. Mr. CORKER (for himself receive, financial assistance under the Trou- the jurisdiction and control of the Com- and Mr. WARNER) submitted an amend- bled Asset Relief Program or any other pro- modity Futures Trading Commission, on or ment intended to be proposed by him vision of the Emergency Economic Stabiliza- through which energy futures or swaps are to the bill S. 1023, to establish a non- tion Act of 2008 (Public Law 110-343), such traded; and (2) eliminate excessive specula- profit corporation to communicate that the Federal Government holds or con- tion, price distortion, sudden or unreason- United States entry policies and other- trols, or will hold or control at a future date, able fluctuations or unwarranted changes in not less than a 20 percent ownership stake in wise promote leisure, business, and prices, or other unlawful activity that is the company as a result of such assistance; causing major market disturbances that pre- scholarly travel to the United States; (2) the term ‘‘Secretary’’ means the Sec- vent the market from accurately reflecting which was ordered to lie on the table; retary of the Treasury or the designee of the the forces of supply and demand for energy as follows: Secretary; and commodities. At the end, add the following: (3) the terms ‘‘director’’, ‘‘issuer’’, ‘‘securi- SEC. 9. TROUBLED ASSET RELIEF PROGRAM ties’’, and ‘‘securities laws’’ have the same SA 1331. Mr. COBURN submitted an AMENDMENTS. meanings as in section 3 of the Securities amendment intended to be proposed by (a) AUTHORITY OF THE SECRETARY OF THE Exchange Act of 1934 (15 U.S.C. 78c). him to the bill S. 1023, to establish a TREASURY TO DELEGATE TARP ASSET MAN- non-profit corporation to communicate AGEMENT.—Section 106(b) of the Emergency SA 1330. Mr. SANDERS submitted an United States entry policies and other- Economic Stabilization Act of 2008 (12 U.S.C. amendment intended to be proposed by wise promote leisure, business, and 5216(b)) is amended by inserting before the him to the bill S. 1023, to establish a period at the end the following: ‘‘, and the scholarly travel to the United States; Secretary may delegate such management non-profit corporation to communicate which was ordered to lie on the table; authority to a private entity, as the Sec- United States entry policies and other- as follows: retary determines appropriate, with respect wise promote leisure, business, and On page 20, between lines 10 and 11, insert to any entity assisted under this Act’’. scholarly travel to the United States; the following:

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‘‘(iii) LIMITATION ON COLLECTION OF FEES.— try designated under subsection (c) has im- certified in providing export assistance Notwithstanding clause (i), the Secretary of posed, in response to the fee assesses and col- under subsection (g)(2); Homeland Security may not assess or collect lected under clause (i), a fee on students who ‘‘(2) the term ‘Associate Administrator’ the fee described in that clause after the are nationals of the United States traveling means the Associate Administrator for Ex- date on which— to that program country to participate in a port Development and Promotion; ‘‘(I) the Secretary of Homeland Security study abroad program; or ‘‘(3) the term ‘Export Assistance Center’ makes a determination that a program coun- ‘‘(II) the Secretary of State makes and sub- means a one-stop shop referred to in section try designated under subsection (c) has im- mits to Congress and the Secretary of Home- 2301(b)(8) of the Omnibus Trade and Competi- posed, in response to the fee assesses and col- land Security the determination described in tiveness Act of 1988 (15 U.S.C. 4721(b)(8)); lected under clause (i), a fee on nationals of subclause (I). ‘‘(4) the term ‘export development officer’ the United States traveling to that program means an individual described in subsection country; or SA 1335. Mr. BARRASSO submitted (d)(8); ‘‘(II) the Secretary of State makes and sub- an amendment intended to be proposed ‘‘(5) the term ‘Office’ means the Office of mits to Congress and the Secretary of Home- by him to the bill S. 1023, to establish Export Promotion and Development estab- land Security the determination described in a non-profit corporation to commu- lished under subsection (b)(1); and subclause (I). nicate United States entry policies and ‘‘(6) the term ‘Service Corps of Retired Ex- otherwise promote leisure, business, ecutives’ means the Service Corps of Retired SA 1332. Mr. COBURN submitted an Executives authorized by section 8(b)(1). and scholarly travel to the United amendment intended to be proposed by ‘‘(b) OFFICE ESTABLISHED.— him to the bill S. 1023, to establish a States; which was ordered to lie on the table; as follows: ‘‘(1) ESTABLISHMENT.—There is established non-profit corporation to communicate within the Administration an Office of Ex- United States entry policies and other- On page 9, strike lines 16 through 19 and in- port Promotion and Development, which wise promote leisure, business, and sert the following: shall carry out the programs under this sec- by international travelers; tion. scholarly travel to the United States; (E) to give priority to the Corporation’s ef- ‘‘(2) ASSOCIATE ADMINISTRATOR.—The head which was ordered to lie on the table; forts with respect to countries and popu- as follows: of the Office shall be the Associate Adminis- lations most likely to travel to the United trator for Export Development and Pro- At the appropriate place, insert the fol- States; and motion, who shall report directly to the Ad- lowing: (F) after seeking the advice of federally ministrator. ll. REVIEW TO PREVENT DUPLICATION.— recognized Indian tribes, to identify opportu- Notwithstanding any other provision of law nities and strategies to promote inter- ‘‘(c) DUTIES OF OFFICE.—The Associate Ad- or of this Act, not later than 60 days after national tourism and bring the benefits of ministrator, working in close cooperation the date of the enactment of this Act, as international travel to Indian and Alaska with the Department of Commerce, the part of the Administration’s effort to go line Native communities. United States Trade Representative, the Ex- by line through the Federal budget to elimi- port-Import Bank, other relevant Federal nate duplicative government programs, the SA 1336. Ms. SNOWE submitted an agencies, small business development cen- Secretary of Commerce, in consultation with amendment intended to be proposed by ters, regional and district offices of the Ad- the Secretary of Homeland Security, the her to the bill S. 1023, to establish a ministration, the small business community, Secretary of State, and the Director of the non-profit corporation to communicate and relevant State and local export pro- Office of Management and Budget, shall— United States entry policies and other- motion programs, shall— ‘‘(1) maintain a distribution network for (1) evaluate the Office of Travel Promotion wise promote leisure, business, and established in section 7 of this Act and the export promotion, export finance, trade ad- existing Office of Travel and Tourism at the scholarly travel to the United States; justment, trade remedy assistance, and ex- Department of Commerce; which was ordered to lie on the table; port data collection programs through use of (2) determine which duties and activities of as follows: the regional and district offices of the Ad- the Office of Travel Promotion are duplica- At the end, add the following: ministration, the small business develop- tive of existing activities at the Depart- TITLE ll—SMALL BUSINESS EXPORT ment center network, the network of wom- ments of Commerce, the Department of OPPORTUNITY DEVELOPMENT en’s business centers, chapters of the Service Corps of Retired Executives, and Export As- Homeland Security, the Department of SEC. l01. SHORT TITLE. sistance Centers; State, or any other Federal agency or de- This title may be cited as the ‘‘Small Busi- ‘‘(2) aggressively market the programs de- partment; ness Export Opportunity Development Act of scribed in paragraph (1) and disseminate in- (3) consolidate any essential and non-dupli- 2009’’. cative activities; and formation, including computerized mar- SEC. l02. DEFINITIONS. keting data, to the small business commu- (4) eliminate the Office of Travel Pro- In this title— nity on exporting trends, market-specific motion. (1) the terms ‘‘Administration’’ and ‘‘Ad- growth, industry trends, and international ministrator’’ mean the Small Business Ad- prospects for exports; SA 1333. Mr. COBURN submitted an ministration and the Administrator thereof, ‘‘(3) promote export assistance programs amendment intended to be proposed by respectively; through the district and regional offices of him to the bill S. 1023, to establish a (2) the term ‘‘Export Assistance Center’’ the Administration, the small business de- non-profit corporation to communicate means a one-stop shop referred to in section velopment center network, Export Assist- 2301(b)(8) of the Omnibus Trade and Competi- United States entry policies and other- ance Centers, the network of women’s busi- tiveness Act of 1988 (15 U.S.C. 4721(b)(8)); wise promote leisure, business, and ness centers, chapters of the Service Corps of (3) the term ‘‘export loan programs’’ means scholarly travel to the United States; Retired Executives, State and local export the programs of the Administration under which was ordered to lie on the table; promotion programs, and partnerships with paragraphs (14) and (16) of section 7(a) of the people in the private sector; and as follows: Small Business Act (15 U.S.C. 636(a)) and sec- ‘‘(4) give preference in hiring or approving On page 22, strike lines 12 through 15. tion 22 of that Act (15 U.S.C. 649), as amended the transfer of any employee into the Office by this title; and or to an export development officer position SA 1334. Mr. COBURN submitted an (4) the term ‘‘small business concern’’ has to otherwise qualified applicants who are amendment intended to be proposed by the same meaning as in section 3 of the fluent in a language in addition to English, him to the bill S. 1023, to establish a Small Business Act (15 U.S.C. 632). who shall— non-profit corporation to communicate SEC. l03. OFFICE OF SMALL BUSINESS EXPORT ‘‘(A) accompany foreign trade missions, if DEVELOPMENT AND PROMOTION. United States entry policies and other- designated by the Associate Administrator; (a) OFFICE OF SMALL BUSINESS EXPORT DE- wise promote leisure, business, and and VELOPMENT AND PROMOTION.—Section 22 of scholarly travel to the United States; ‘‘(B) be available as needed to translate the Small Business Act (15 U.S.C. 649) is documents, interpret conversations, and fa- which was ordered to lie on the table; amended to read as follows: as follows: cilitate multilingual transactions, including ‘‘SEC. 22. OFFICE OF SMALL BUSINESS EXPORT providing referral lists for translation serv- On page 20, between lines 10 and 11, insert DEVELOPMENT AND PROMOTION. ices, if required. the following: ‘‘(a) DEFINITIONS.—In this section— ‘‘(iii) LIMITATION ON COLLECTION OF FEES.— ‘‘(1) the term ‘accredited export assistance ‘‘(d) PROMOTION OF SALES OPPORTUNITIES.— Notwithstanding clause (i), the Secretary of program’ means a program— The Associate Administrator shall promote Homeland Security may not assess or collect ‘‘(A) that provides counseling and assist- sales opportunities for small business goods the fee described in that clause after the ance relating to exporting to small business and services abroad by— date on which— concerns; and ‘‘(1) in cooperation with the Department of ‘‘(I) the Secretary of Homeland Security ‘‘(B) in which not less than 20 percent of Commerce, other relevant agencies, regional makes a determination that a program coun- the technical assistance staff members are and district offices of the Administration,

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Congress; ‘‘(10) disseminating information to the ‘‘(3) TRAINING.—The Associate Adminis- ‘‘(B) make recommendations to the Sec- small business community through regional trator shall provide training relating to ex- retary of Commerce and to Congress regard- and district offices of the Administration, port assistance programs at the annual con- ing revision of the North American Industry the small business development center net- ference of small business development cen- Classification System codes to encompass in- work, Export Assistance Centers, the net- ters. dustries currently overlooked and to create work of women’s business centers, chapters ‘‘(4) REPORT.—The Associate Adminis- North American Industry Classification Sys- of the Service Corps of Retired Executives, trator shall submit an annual report to Con- tem codes for export trading companies and State and local export promotion programs, gress that includes— export management companies; and partners in the private sector regarding ‘‘(A) the number of small business concerns ‘‘(C) improve the utility and accessibility exporting trends, market-specific growth, in- assisted by accredited export assistance pro- of export promotion programs for small busi- dustry trends, and prospects for exporting; grams; ness concerns; and and ‘‘(B) the export revenue generated by small ‘‘(D) increase the accessibility of the Ex- ‘‘(11) establishing and carrying out train- business concerns assisted by accredited ex- port Trading Company contact facilitation ing programs for the staff of the district of- port assistance programs; and service; fices of the Administration and resource ‘‘(C) an estimate of the number of jobs cre- ‘‘(5) making available to the small business partners of the Administration on export ated or retained because of assistance pro- community information regarding con- promotion and providing assistance relating vided by accredited export assistance pro- ferences on exporting and international to exports. grams. trade sponsored by the public and private ‘‘(e) EXPORT FINANCE SPECIALIST PRO- ‘‘(h) EXPORT ASSISTANCE OFFICER.—The As- sector; GRAM.— sociate Administrator shall— ‘‘(6) providing small business concerns with ‘‘(1) EXPORT FINANCE SPECIALIST PRO- ‘‘(1) assign an export assistance officer access to up-to-date and complete export in- GRAM.—The Associate Administrator shall with training in export assistance and mar- formation by— work in cooperation with the Export-Import keting to each district office of the Adminis- ‘‘(A) making available at the district of- Bank of the United States, the Department tration, who shall— fices of the Administration, through co- of Commerce, other relevant Federal agen- ‘‘(A) conduct training and information ses- operation with the Department of Com- cies, and the States to develop a program sions for small business concerns interested merce, export information, including the through which export finance specialists in in exporting; and worldwide information and trade system and the district offices of the Administration, re- ‘‘(B) conduct outreach to small business world trade data reports; gional and local loan officers, and small concerns with the potential to export; and ‘‘(B) maintaining a list of financial institu- business development center personnel can ‘‘(2) provide annual training for export as- tions that finance export operations; facilitate the access of small business con- sistance officers. ‘‘(C) maintaining a directory of all Fed- cerns to relevant export financing programs ‘‘(i) EXPORT DEVELOPMENT GRANT PRO- eral, regional, State and private sector pro- of the Export-Import Bank of the United GRAM.— grams that provide export information and States and to export and pre-export financ- ‘‘(1) DEFINITIONS.—In this subsection— assistance to small business concerns; and ing programs available from the Administra- ‘‘(A) the term ‘eligible small-business con- ‘‘(D) preparing and publishing such reports tion and the private sector. cern’ means a small-business concern— as it determines to be necessary concerning ‘‘(2) PROGRAM ACTIVITIES.—To carry out ‘‘(i) that— market conditions, sources of financing, ex- paragraph (1), the Associate Administrator ‘‘(I) has been in business for not less than port promotion programs, and other infor- shall work in cooperation with the Export- 1 year; mation pertaining to the needs of small busi- Import Bank of the United States and the ‘‘(II) has profitable domestic sales; ness export firms so as to insure that the small business community, including small ‘‘(III) has demonstrated understanding of maximum information is made available to business trade associations, to— the costs associated with exporting and small business concerns in a readily usable ‘‘(A) aggressively market Administration doing business with foreign purchasers, in- form; export financing and pre-export financing cluding the costs of freight forwarding, cus- ‘‘(7) encouraging, in cooperation with the programs; toms brokers, packing and shipping, as de- Department of Commerce, greater small ‘‘(B) identify financing available under termined by the Administrator; and business participation in trade fairs, shows, various programs of the Export-Import Bank ‘‘(IV) has in place a strategic plan for ex- missions, and other domestic and overseas of the United States, and aggressively mar- porting;

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‘‘(ii) an employee of which has completed ‘‘(D) the number of small business concerns (3) STUDY.—Not later than 6 months after an accredited export assistance program; and referred to an Export Assistance Center or a the date of enactment of this Act, the Asso- ‘‘(iii) that agrees to provide to the Asso- small business development center by the ciate Administrator for Export Development ciate Administrator such information and staff of the Office; and and Promotion shall carry out a nationwide documentation as is necessary for the Asso- ‘‘(E) the number of small business concerns study to evaluate where additional export fi- ciate Administrator to determine that the referred to the Administration by an Export nance specialists are needed. small-business concern is in compliance with Assistance Center or a small business devel- (4) DEFINITION.—In this subsection, the the internal revenue laws of the United opment center. term ‘‘export finance specialist’’ means an States; ‘‘(2) CONSISTENCY OF TRACKING.—The Asso- export finance specialist described in section ‘‘(B) the term ‘export initiative’ includes— ciate Administrator, in coordination with 22(e)(1) of the Small Business Act (15 U.S.C. ‘‘(i) participation in a trade mission; the departments and agencies that are rep- 649(e)(1)), as amended by this section. ‘‘(ii) a foreign market sales trip; resented on the Trade Promotion Coordi- (d) APPOINTMENT OF ASSOCIATE ADMINIS- ‘‘(iii) a subscription to services provided by nating Committee established under section TRATOR.—Not later than 90 days after the the Department of Commerce; 2312 of the Export Enhancement Act of 1988 date of enactment of this Act, the Adminis- ‘‘(iv) the payment of website translation (15 U.S.C. 4727) and the small business devel- trator shall appoint an Associate Adminis- fees; opment center network, shall develop a sys- trator for Export Development and Pro- ‘‘(v) the design of international marketing tem to track exports by small business con- motion under section 22 of the Small Busi- media; cerns, including information relating to the ness Act (15 U.S.C. 649), as amended by this ‘‘(vi) a trade show exhibition; and performance measures described in para- section. (e) TECHNICAL AND CONFORMING AMEND- ‘‘(vii) participation in training workshops; graph (1), that is consistent with systems MENTS.— and used by the departments and agencies and (1) NUMBER OF ASSOCIATE ADMINISTRA- ‘‘(C) the term ‘small-business concern’ has the network. TORS.—Section 4(b)(1) of the Small Business the same meaning as in section 103 of the ‘‘(3) REPORTS.—The Associate Adminis- Small Business Investment Act of 1958 (15 Act (15 U.S.C. 633(b)(1)) is amended— trator shall submit an annual report to the (A) in the fifth sentence, by striking U.S.C. 662). Committee on Small Business and Entrepre- ‘‘(2) GRANT PROGRAM.—The Associate Ad- ‘‘five’’; and neurship of the Senate and the Committee (B) by adding at the end the following: ministrator shall establish an export devel- on Small Business of the House of Represent- opment grant program, under which the As- ‘‘One of the Associate Administrators shall atives that includes— be the Associate Administrator for Export sociate Administrator may make grants to ‘‘(A) a detailed account of the information eligible small-business concerns to enhance Development and Promotion, who shall be relating to the performance measures de- the head of the Office of Export Development the capability of the eligible small-business scribed in paragraph (1); and concerns to be globally competitive, increase and Promotion established under section ‘‘(B) a description of the export assistance 22.’’. business internationally, and increase export and services provided to small business con- (2) ROLE OF ASSOCIATE ADMINISTRATOR IN sales. cerns by the Administration. ‘‘(3) APPLICATION.—An eligible small-busi- CARRYING OUT INTERNATIONAL TRADE AND EX- ‘‘(k) REPORT.—The Associate Adminis- ness concern that desires a grant under this PORT POLICY.—Section 2(b)(1) of the Small trator shall submit an annual report to the subsection shall submit to the Associate Ad- Business Act (15 U.S.C. 631(b)(1)) is amended Committee on Small Business and Entrepre- ministrator at such time and in such manner in the matter preceding subparagraph (A) by neurship of the Senate and the Committee as the Associate Administrator shall pre- inserting ‘‘through the Associate Adminis- on Small Business of the House of Represent- scribe an application that identifies not less trator for Export Development and Pro- than 1 specific, achievable export initiative atives on the progress of the Administration motion of’’ before ‘‘the Small Business Ad- that the eligible small-business concern will in implementing the requirements under this ministration’’. section. carry out using a grant under this sub- SEC. l04. EXPORT FINANCE PROGRAMS. section. ‘‘(l) DISCHARGE OF ADMINISTRATION EXPORT (a) EXPORT WORKING CAPITAL PROGRAM.— ‘‘(4) AMOUNT.—A grant under this sub- PROMOTION RESPONSIBILITIES.—The Adminis- Section 7(a) of the Small Business Act (15 section may not exceed $5,000. trator shall ensure that— U.S.C. 636(a)) is amended— ‘‘(5) MATCHING FUNDS.—The Federal share ‘‘(1) the responsibilities of the Administra- (1) in paragraph (2)(D), by striking ‘‘not ex- of the cost of an export initiative carried out tion regarding international trade and ex- ceed’’ and inserting ‘‘be’’; and with a grant under this subsection shall be porting are carried out through the Asso- (2) in paragraph (14)— not more than 50 percent. The non-Federal ciate Administrator; (A) by striking ‘‘(A) The Administration’’ share of the cost of an activity carried out ‘‘(2) the Associate Administrator has suffi- and inserting the following: ‘‘EXPORT WORK- with a grant under this subsection may be in cient resources to carry out such responsibil- ING CAPITAL PROGRAM.— kind or in cash. ities; and ‘‘(A) IN GENERAL.—The Administrator’’; ‘‘(6) INFORMATION AND DOCUMENTATION.—An ‘‘(3) the Associate Administrator has direct (B) by striking ‘‘(B) When considering’’ and eligible small-business concern that receives supervision and control over the staff of the inserting the following: a grant under this subsection shall provide Office, and over any employee of the Admin- ‘‘(C) CONSIDERATIONS.—When considering’’; to the Associate Administrator— istration whose principal duty station is an (C) by striking ‘‘(C) The Administration’’ ‘‘(A) receipts for all expenditures made Export Assistance Center or any successor and inserting the following: with the grant; and entity.’’. ‘‘(D) MARKETING.—The Administrator’’; ‘‘(B) information relating to any export (b) EXPORT DEVELOPMENT OFFICERS.— and sales resulting from the grant. (1) APPOINTMENT.—Not later than 90 days (D) by inserting after subparagraph (A) the ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— after the date of enactment of this Act, the following: There are authorized to be appropriated to Administrator shall ensure that export de- ‘‘(B) TERMS.— carry out this section $25,000,000 for fiscal velopment officers are assigned to each dis- ‘‘(i) LOAN AMOUNT.—The Administrator year 2010 and each fiscal year thereafter. trict office of the Administration, in accord- may not guarantee a loan under this para- ‘‘(j) PERFORMANCE MEASURES.— ance with section 22(d)(8) of the Small Busi- graph of more than $5,000,000. ‘‘(1) IN GENERAL.—The Associate Adminis- ness Act, as amended by this section. ‘‘(ii) FEES.— trator shall develop performance measures (2) DEFINITION.—In this subsection, the ‘‘(I) IN GENERAL.—For a loan under this for the Administration to support export term ‘‘export development officer’’ has the paragraph, the Administrator shall collect growth goals for the activities of the Office meaning given that term in section 22 of the the fee assessed under paragraph (23) not under this section that include— Small Business Act (15 U.S.C. 649), as amend- more frequently than once each year. ‘‘(A) the number of small business concerns ed by this section. ‘‘(II) UNTAPPED CREDIT.—The Adminis- that— (c) EXPORT ASSISTANCE CENTERS.— trator may not assess a fee on capital that is ‘‘(i) receive assistance from the Adminis- (1) VACANT POSITIONS.—Not later than 90 not accessed by the small business con- tration; days after the date of enactment of this Act, cern.’’. ‘‘(ii) had not exported goods or services be- the Administrator shall ensure that the (b) PARTICIPATION IN PREFERRED LENDERS fore receiving the assistance described in number of full-time equivalent employees of PROGRAM.—Section 7(a)(2)(C) of the Small clause (i); and the Office of Export Development and Pro- Business Act (15 U.S.C. 636(a)(2)(C)) is amend- ‘‘(iii) export goods or services; motion assigned to the Export Assistance ed— ‘‘(B) the number of small business concerns Centers is not less than the number of such (1) by redesignating clause (ii) as clause receiving assistance from the Administra- employees so assigned on January 1, 2003. (iii); and tion that export goods or services to a mar- (2) EXPORT DEVELOPMENT OFFICERS.—Not (2) by inserting after clause (i) the fol- ket outside the United States into which the later than 2 years after the date of enact- lowing: small business concern did not export before ment of this Act, the Administrator, in co- ‘‘(ii) EXPORT-IMPORT BANK LENDERS.—Any receiving the assistance; ordination with the Secretary of Commerce, lender that is participating in the Delegated ‘‘(C) export revenues by small business shall ensure that export finance specialists Authority Lender Program of the Export-Im- concerns assisted by programs of the Admin- are assigned to not fewer than 40 Export As- port Bank of the United States (or any suc- istration; sistance Centers. cessor to the Program) shall be eligible to

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participate in the Preferred Lenders Pro- ‘‘(G) DEFINITION.—In this paragraph, the ‘‘(g) SMALL BUSINESS ADMINISTRATION.— gram.’’. term ‘small business concern’ has the mean- The Administrator of the Small Business Ad- (c) EXPORT EXPRESS PROGRAM.—Section ing given the term ‘small-business concern’ ministration shall detail an employee of the 7(a) of the Small Business Act (15 U.S.C. in section 103 of the Small Business Invest- Small Business Administration having ex- 636(a)) is amended— ment Act of 1958 (15 U.S.C. 662).’’. pertise in export promotion to the TPCC to (1) by striking ‘‘(32) INCREASED VETERAN’’ (e) TECHNICAL AND CONFORMING AMEND- encourage the TPCC to— and inserting ‘‘(33) INCREASED VETERAN’’; and MENTS.—Section 7 of the Small Business Act ‘‘(1) collaborate with the Small Business (2) by adding at the end the following: (15 U.S.C. 636) is amended— Administration with regard to trade pro- ‘‘(34) EXPORT EXPRESS PROGRAM.— (1) in subsection (a)— motion efforts; and ‘‘(A) DEFINITIONS.—In this paragraph— (A) in paragraph (2)(A), in the matter pre- ‘‘(2) consider the interests of small-busi- ‘‘(i) the term ‘export development activity’ ceding clause (i), by inserting ‘‘or (D) of this ness concerns (as that term is defined in sec- includes— paragraph or in paragraph (16) or (34)’’ after tion 103 of the Small Business Investment ‘‘(I) obtaining a standby letter of credit ‘‘in subparagraph (B)’’; and Act of 1958 (15 U.S.C. 662)) in the develop- when required as a bid bond, performance (B) in paragraph (3), in the matter pre- ment of trade promotion policies and pro- bond, or advance payment guarantee; ceding subparagraph (A), by striking ‘‘No’’ grams.’’. ‘‘(II) participation in a trade show that and inserting ‘‘Except as provided in para- (2) NATIONAL EXPORT STRATEGY.—Section takes place outside the United States; graph (14)(B), no’’; and 2312 of the Export Enhancement Act of 1988 ‘‘(III) translation of product brochures or (2) in subsection (c)— (15 U.S.C. 4727) is amended— catalogues for use in markets outside the (A) in paragraph (1)— (A) in subsection (c)— United States; (i) in subparagraph (D), by striking ‘‘Lend- (i) in paragraph (5), by striking ‘‘and’’ at ‘‘(IV) obtaining a general line of credit for er’’ and inserting ‘‘Lenders’’; the end; export purposes; (ii) in subparagraph (E)— (ii) in paragraph (6), by striking the period ‘‘(V) performing a service contract from (I) by striking ‘‘Lender’’ and inserting at the end and inserting ‘‘; and’’; and buyers located outside the United States; ‘‘Lenders’’; and (iii) by adding at the end the following: ‘‘(VI) obtaining transaction-specific fi- (II) by striking ‘‘subsection (a)(2)(C)(ii)’’ ‘‘(7) include an export strategy for small- nancing associated with completing export and inserting ‘‘subsection (a)(2)(C)(iii)’’; and business concerns (as that term is defined in orders; (B) in paragraph (7)(B)(ii), by striking section 103 of the Small Business Investment ‘‘(VII) purchasing real estate or equipment ‘‘Lender’’ and inserting ‘‘Lenders’’. Act of 1958 (15 U.S.C. 662)), which shall— to be used in the production of goods or serv- ‘‘(A) be developed by the Administrator of ices for export; SEC. l05. MARKETING OF EXPORT LOANS. The Administrator shall make efforts to the Small Business Administration; and ‘‘(VIII) providing term loans or other fi- ‘‘(B) include strategies to— nancing to enable a small business concern, expand the network of lenders participating in the export loan programs, including by— ‘‘(i) increase export opportunities for including an export trading company and an small-business concerns; export management company, to develop a (1) conducting outreach to regional and community lenders through the staff of the ‘‘(ii) protect small-business concerns from market outside the United States; and unfair trade practices, including intellectual ‘‘(IX) acquiring, constructing, renovating, Administration assigned to Export Assist- ance Centers or to district offices of the Ad- property violations; modernizing, improving, or expanding a pro- ‘‘(iii) assist small-business concerns with duction facility or equipment to be used in ministration; (2) developing a lender training program international regulatory compliance require- the United States in the production of goods ments; and or services for export; and regarding the export loan programs for em- ployees of lenders; ‘‘(iv) coordinate policy and program efforts ‘‘(ii) the term ‘express loan’ means a loan throughout the United States with the in which a lender uses to the maximum ex- (3) simplifying and streamlining the appli- cation, processing, and reporting processes TPCC, the Department of Commerce, and the tent practicable the loan analyses, proce- Export Import Bank of the United States.’’; dures, and documentation of the lender to for the export loan programs; and (4) establishing online, paperless proc- and provide expedited processing of the loan ap- (B) in subsection (f), in paragraph (1), by plication. essing and application submission for the ex- port loan programs. inserting ‘‘(including implementation of the ‘‘(B) AUTHORITY.—The Administrator may export strategy for small business concerns guarantee the timely payment of an express SEC. l06. SMALL BUSINESS TRADE POLICY. described in paragraph (7) of that sub- loan to a small business concern made for an (a) ASSISTANT UNITED STATES TRADE REP- section)’’ after ‘‘the implementation of such export development activity. RESENTATIVE FOR SMALL BUSINESS.—Section plan’’. ‘‘(C) LEVEL OF PARTICIPATION.— 141(c) of the Trade Act of 1974 (19 U.S.C. (c) RECOMMENDATIONS ON TRADE AGREE- ‘‘(i) MAXIMUM AMOUNT.—The maximum 2171(c)) is amended— MENTS.— amount of an express loan guaranteed under (1) by adding at the end the following: (1) NOTIFICATION BY USTR.—Not later than this paragraph shall be $500,000. ‘‘(6)(A) There is established within the Of- 90 days before the United States Trade Rep- ‘‘(ii) PERCENTAGE.—For an express loan fice the position of Assistant United States resentative begins a negotiation with regard guaranteed under this paragraph, the Admin- Trade Representative for Small Business, to any trade agreement, the United States istrator shall guarantee— who shall be appointed by the United States Trade Representative shall notify the Ad- ‘‘(I) 90 percent of a loan that is not more Trade Representative. ministrator of the date the negotiation will than $350,000; and ‘‘(B) The Assistant United States Trade begin. ‘‘(II) 75 percent of a loan that is more than Representative for Small Business shall— (2) RECOMMENDATIONS.—Not later than 30 $350,000 and not more than $500,000.’’. ‘‘(i) promote the trade interests of small- days before the United States Trade Rep- (d) INTERNATIONAL TRADE LOANS.—Section business concerns (as that term is defined in resentative begins a negotiation with regard 7(a) of the Small Business Act (15 U.S.C. section 103 of the Small Business Investment to any trade agreement, the Administrator 636(a)) is amended— Act of 1958 (15 U.S.C. 662)); shall present to the United States Trade (1) in paragraph (3)(B), by striking ‘‘(ii) advocate for the reduction of foreign Representative recommendations relating to ‘‘$1,750,000, of which not more than trade barriers with regard to the trade issues the needs and concerns of small business $1,250,000’’ and inserting ‘‘$5,000,000, of which of small-business concerns that are export- concerns that are exporters. not more than $4,000,000’’; and ers; (d) TRADE DISPUTES.—The Administrator (2) in paragraph (16)— ‘‘(iii) collaborate with the Administrator shall carry out a comprehensive program to (A) in subparagraph (B), by striking ‘‘a of the Small Business Administration with provide technical assistance, counseling, and first lien position’’ and all that follows and regard to the trade issues of small-business reference materials to small business con- inserting ‘‘such collateral as is determined concern trade issues; cerns relating to resources, procedures, and adequate by the Administrator.’’; ‘‘(iv) assist the United States Trade Rep- requirements for mechanisms to resolve (B) in subparagraph (D), by striking resentative in developing trade policies that international trade disputes or address un- clauses (i) and (ii) and inserting the fol- increase opportunities for small-business fair international trade practices under lowing: concerns in foreign and domestic markets, international trade agreements or Federal ‘‘(i) is confronting— including polices that reduce trade barriers law, including— ‘‘(I) increased competition with foreign for small-business concerns; and (1) directing the district offices of the Ad- firms in the relevant market; or ‘‘(v) perform such other duties as the ministration to provide referrals, informa- ‘‘(II) an unfair trade practice by a foreign United States Trade Representative may di- tion, and other services to small business firm, particularly intellectual property vio- rect.’’; and concerns relating to the mechanisms; lations; and (2) by moving paragraph (5) 2 ems to the (2) entering agreements and partnerships ‘‘(ii) is injured by the competition or un- left. with providers of legal services relating to fair trade practice.’’; and (b) TRADE PROMOTION COORDINATING COM- the mechanisms, to ensure small business (C) by adding at the end the following: MITTEE.— concerns may affordably use the mecha- ‘‘(F) GUARANTEE.—For a loan guaranteed (1) DETAILEE.—Section 2312 of the Export nisms; and under this paragraph, the Administrator Enhancement Act of 1988 (15 U.S.C. 4727) is (3) in consultation with the Director of the shall guarantee 90 percent of the loan. amended by adding at the end the following: United States Patent and Trademark Office

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.072 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6740 CONGRESSIONAL RECORD — SENATE June 17, 2009 and the Register of Copyrights, designing Wednesday, June 17, 2009, at 10 a.m. in PRIVILEGES OF THE FLOOR counseling services and materials for small room 106 of the Dirksen Senate Office Mr. BINGAMAN. Mr. President, I ask business concerns regarding intellectual Building. property protection in other countries. unanimous consent that Robert The PRESIDING OFFICER. Without Burnham and Terri Chen of my office SA 1337. Ms. SNOWE submitted an objection, it is so ordered. be granted the privilege of the floor for amendment intended to be proposed by COMMITTEE ON HEALTH, EDUCATION, LABOR, the pendency of S. 1023, the travel pro- her to the bill S. 1023, to establish a AND PENSIONS motion bill. non-profit corporation to communicate Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without United States entry policies and other- unanimous consent that the Com- objection, it is so ordered. wise promote leisure, business, and mittee on Health, Education, Labor, f scholarly travel to the United States; and Pensions be authorized to meet which was ordered to lie on the table; during the session of the Senate on WEBCASTER SETTLEMENT ACT OF as follows: Wednesday, June 17, 2009, at 2:30 p.m. in 2009 Beginning on page 2, strike line 20 and all room 325 of the Russell Senate Office Mr. REID. Mr. President, I ask unan- that follows through page 3, line 14, and in- Building. imous consent that the Senate proceed sert the following: The PRESIDING OFFICER. Without to H.R. 2344. (1) IN GENERAL.—The Corporation shall objection, it is so ordered. have a board of directors of 12 members with The PRESIDING OFFICER. The knowledge of international travel promotion COMMITTEE ON THE JUDICIARY clerk will report the bill by title. and marketing, broadly representing various Mr. DURBIN. Mr. President, I ask The assistant legislative clerk read regions of the United States, who are United unanimous consent that the Com- as follows: States citizens. Members of the board shall mittee on the Judiciary be authorized A bill (H.R. 2344) to amend section 114 of be appointed by the Secretary of Commerce to meet during the session of the Sen- title 17, United States Code, to provide for (after consultation with the Secretary of ate, on June 17, 2009, at 10 a.m. in room agreements for the reproduction and per- Homeland Security and the Secretary of formance of sound recordings by webcasters. State), as follows: SD–226 of the Dirksen Senate Office (A) 1 shall have appropriate expertise and Building, to conduct a hearing entitled There being no objection, the Senate experience in the hotel accommodations sec- ‘‘Oversight of the U.S. Department of proceeded to consider the bill. tor; Justice.’’ Mr. LEAHY. Mr. President, the (B) 1 shall have appropriate expertise and The PRESIDING OFFICER. Without Webcaster Settlement Act of 2009 will experience in the restaurant sector; objection, it is so ordered. provide the recording industry and (C) 1 shall have appropriate expertise and webcasters the additional time they experience with small business concerns (as SUBCOMMITTEE ON AVIATION OPERATIONS, need to reach a mutually beneficial SAFETY, AND SECURITY that term is used in section 3 of the Small agreement on webcasting rates. I am Business Act (15 U.S.C. 632)) or associations Mr. DURBIN. Mr. President, I ask that represent small business concerns; pleased that Congress has acted swiftly unanimous consent that the Sub- on this legislation. (D) 1 shall have appropriate expertise and committee on Aviation Operations, experience in the retail sector or in associa- I have long championed the develop- tions representing that sector; Safety, and Security of the committee ment of new business models for trans- On page 20, strike lines 19 and 20 and insert on Commerce, Science, and Transpor- mitting music to the public. the following: tation be authorized to meet during Webcasters are able to offer a range of travel and tourism industry (other than the session of the Senate on Wednes- music to consumers in a form that can those that are small business concerns (as day, June 17, 2009, at 10 a.m. in room compete with traditional broadcast that term is used in section 3 of the Small 253 of the Russell Senate Office Build- radio and satellite radio. As webcasting Business Act (15 U.S.C. 632)), in the retail ing. sector, or in the passenger air sector) rep- and webcasters flourish, the performers resented on the Board The PRESIDING OFFICER. Without whose music is attracting listeners de- objection, it is so ordered. f serve compensation. SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS In March 2007, the Copyright Royalty AUTHORITY FOR COMMITTEES TO Mr. DURBIN. Mr. President, I ask Board determined the rates applicable MEET unanimous consent that the Sub- to webcasters through 2010. Webcasters COMMITTEE ON COMMERCE, SCIENCE, AND committee on Public Lands and For- large and small expressed serious con- TRANSPORTATION ests, be authorized to meet during the cerns that the new rates would threat- Mr. DURBIN. Mr. President, I ask session of the Senate on Wednesday, en their viability. I encouraged all par- unanimous consent that the committee June 17, 2009, at 1:30 p.m., in room SD– ties at that time to negotiate and on Commerce, Science, and Transpor- 366 of the Dirksen Senate Office Build- reach an agreement on rates that tation be authorized to meet during ing. would compensate recording artists the session of the Senate on Wednes- The PRESIDING OFFICER. Without while allowing webcasters to prosper. day, June 17, 2009, at 2:30 p.m. in room objection, it is so ordered. The Copyright Royalty Board process 253 of the Russell Senate Office Build- is intended as a backstop when parties SUBCOMMITTEE ON READINESS AND ing. MANAGEMENT SUPPORT cannot reach agreements. All parties, The PRESIDING OFFICER. Without and the listening public, benefit when Mr. DURBIN. Mr. President, I ask objection, it is so ordered. private sector agreements are reached. unanimous consent that the Com- COMMITTEE ON ENERGY AND NATURAL Last year, Congress passed an exten- mittee on Armed Services Sub- RESOURCES sion similar to the one we pass today. committee on readiness and manage- Mr. DURBIN. Mr. President, I ask It paved the way for agreements be- ment support be authorized to meet unanimous consent that the committee tween SoundExchange, on behalf of the during the session of the Senate on on Energy and Natural Resources be recording industry, and the National Wednesday, June 17, 2009, at 3 p.m. authorized to meet during the session Association of Broadcasters, the Cor- The PRESIDING OFFICER. Without of the Senate on Wednesday, June 17, poration for Public Broadcasting, and a objection, it is so ordered. 2009, from 9–10 a.m., in room SD–366 of group of small webcasters. the Dirksen Senate Office Building. SPECIAL COMMITTEE ON AGING I am pleased that both webcasters The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask and the recording industry are pro- objection, it is so ordered. unanimous consent that the Special moting this legislation. I have said be- COMMITTEE ON HEALTH, EDUCATION, LABOR, Committee on Aging be authorized to fore that I would not sanction a legis- AND PENSIONS meet during the session of the Senate lative readjustment of rates because Mr. DURBIN. Mr. President, I ask on June 17, 2009 from 2 p.m.–4 p.m. in one party is dissatisfied with the re- unanimous consent that the Com- room 216 of the Hart Senate Office sults. By passing this extension today, mittee on Health, Education, Labor, Building. Congress is returning the authority to and Pensions be authorized to meet The PRESIDING OFFICER. Without set rates to the creators and distribu- during the session of the Senate on objection, it is so ordered. tors of the music we all enjoy.

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.072 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6741 Mr. REID. Mr. President, I ask unan- J. HERBERT W. SMALL FEDERAL A resolution (S. Res. 66) designating 2009 as imous consent that the bill be read BUILDING AND UNITED STATES the ‘‘Year of the Noncommissioned Officer three times and passed, the motion to COURTHOUSE Corps of the United States Army.’’ reconsider be laid upon the table, with Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without no intervening action or debate, and imous consent that the Senate proceed objection, the Senate proceeded to con- that any statements relating to the to Calendar No. 75, H.R. 813. sider the resolution. bill be printed in the RECORD. The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without clerk will report the bill by title. imous consent that the resolution be objection, it is so ordered. The assistant legislative clerk read agreed to, the preamble be agreed to, The bill (H.R. 2344) was ordered to a as follows: and the motions to reconsider be laid upon the table. third reading, was read the third time, A bill (H.R. 813) to designate the Federal and passed. building and United States courthouse lo- The PRESIDING OFFICER. Without cated 306 East Main Street in Elizabeth City, objection, it is so ordered. f North Carolina, as the ‘‘J. Herbert W. Small The resolution (S. Res. 66) was agreed Federal Building and United States Court- to. house.’’ The preamble was agreed to. ANTITRUST CRIMINAL PENALTY There being no objection, the Senate The resolution, with its preamble, ENHANCEMENT AND REFORM reads as follows: ACT OF 2004 EXTENSION ACT proceeded to consider the bill. Mr. REID. Mr. President, I ask unan- S. RES. 66 Mr. REID. Mr. President, I ask unan- imous consent that the bill be read a Whereas the Secretary of the Army has imous consent that the Senate proceed third time and passed, the motion to designated 2009 as the Year of the United to H.R. 2675. reconsider be laid upon the table, with States Army Noncommissioned Officer The PRESIDING OFFICER. The be no intervening action or debate, and (NCO) to honor more than 200 years of serv- clerk will report the bill by title. that any statements relating to this ice by the noncommissioned officers of the Army to the Army and the American people; The assistant legislative clerk read bill be printed in the RECORD. Whereas the modern noncommissioned of- as follows: The PRESIDING OFFICER. Without ficer of the Army operates autonomously, A bill (H.R. 2675) to amend title II of the objection, it is so ordered. and always with confidence and competence; Antitrust Criminal Penalty Enhancement The bill (H.R. 813) was ordered to a Whereas the Noncommissioned Officer and Reform Act of 2004 to extend the oper- third reading, was read the third time, Corps of the Army has distinguished itself as ation of such title for a 1-year period ending and passed. the most accomplished group of military June 22, 2010. professionals in the world, with noncommis- f There being no objection, the Senate sioned officers of the Army leading the way RONALD H. BROWN UNITED in education, training, and discipline, em- proceeded to consider the bill. STATES MISSION TO THE powered and trusted like no other non- Mr. LEAHY. Mr. President, I am UNITED NATIONS BUILDING commissioned officers, and serving as role pleased that the Senate today will pass models to the most advanced armies in the the Antitrust Criminal Penalty En- Mr. REID. Mr. President, I ask unan- world; and hancement and Reform Act of 2004 Ex- imous consent that the Senate proceed Whereas the noncommissioned officers of tension Act, ACPERA. I have long sup- to the immediate consideration of Cal- the Army share their strength of character ported vigorous enforcement of the endar No. 76, H.R. 837. and values with every soldier, officer, and ci- The PRESIDING OFFICER. The vilian they support across the regular and antitrust laws. Passage of this legisla- reserve components of the Army, and take tion ensures that the Department of clerk will report the bill by title. The assistant legislative clerk read the lead and are the keepers of Army stand- Justice will retain the tools it needs to ards: Now, therefore, be it prosecute criminal antitrust violations as follows: Resolved, That the Senate— effectively and efficiently. A bill (H.R. 837) to designate the Federal (1) designates 2009 as the ‘‘Year of the Non- Since its inception 5 years ago, building located at 799 United Nations Plaza commissioned Officer Corps of the United in New York, New York, as the ‘‘Ronald H. States Army’’; and ACPERA has bolstered the Department Brown United States Mission to the United of Justice’s ability to uncover and (2) encourages the people of the United Nations Building.’’ States to recognize the ‘‘Year of the Non- prosecute criminal antitrust violations The PRESIDING OFFICER. Without commissioned Officer Corps of the United through its leniency program. The act objection, the Senate proceeded to con- States Army’’ with appropriate ceremonies provides incentives for corporations to sider the bill. and activities. self-report antitrust violations by lim- Mr. REID. Mr. President, I ask unan- f iting criminal liability and the civil imous consent that the bill be read a damages recoverable to actual damages CONGRATULATING THE LOS third time, passed, the motion to re- against a party that comes forward and ANGELES LAKERS consider be laid upon the table, with no cooperates with the Department of intervening action or debate, and any Mr. REID. Mr. President, I ask unan- Justice. statements relating thereto be printed imous consent that the Senate proceed The incentives in this program are in the RECORD. to the immediate consideration of S. critical to the success of the Antitrust The PRESIDING OFFICER. Without Res. 188. Division’s criminal antitrust enforce- objection, it is so ordered. The PRESIDING OFFICER. The ment. The 1-year extension will allow The bill (H.R. 837) was read the third clerk will report the resolution by the Department of Justice to continue and passed. title. this successful program while Congress f The assistant legislative clerk read assesses the long-term direction of the as follows: DESIGNATING 2009 AS YEAR OF Department of Justice’s leniency pro- A resolution (S. Res. 188) congratulating gram. THE NONCOMMISSIONED OFFI- the Los Angeles Lakers for winning the 2009 Mr. REID. Mr. President, I ask unan- CER CORPS OF THE UNITED National Basketball Association Champion- imous consent that the bill be read STATES ARMY ship. three times, passed, the motion to re- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without consider be laid upon the table, with no imous consent that the Judiciary Com- objection, the Senate proceeded to con- intervening action or debate, and that mittee be discharged from further con- sider the resolution. any statements relating to the bill be sideration and the Senate then proceed Mr. REID. Mr. President, I ask unan- printed in the RECORD. to S. Res. 66. imous consent that the resolution be The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without agreed to, the preamble be agreed to, objection, it is so ordered. objection, it is so ordered. The clerk the motions to reconsider be laid upon The bill (H.R. 2675) was ordered to a will report the resolution by title. the table with no intervening action or third reading, was read the third time, The assistant legislative clerk read debate, and any statements relating and passed. as follows: thereto be printed in the RECORD.

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.082 S17JNPT1 wwoods2 on PRODPC68 with SENATE S6742 CONGRESSIONAL RECORD — SENATE June 17, 2009 The PRESIDING OFFICER. Without tained after September 11, 2001, by the (d) NONDISCLOSURE OF DETAINEE objection, it is so ordered. Armed Forces of the United States in oper- RECORDS.—A covered record shall not be sub- The resolution (S. Res. 188) was ations outside the United States shall not be ject to— agreed to. subject to disclosure under section 552 of (1) disclosure under section 552 of title 5, title 5, United States Code (commonly re- The preamble was agreed to. United States Code (commonly referred to as ferred to as the Freedom of Information the Freedom of Information Act); or The resolution, with its preamble, Act), to amend section 552(b)(3) of title 5, (2) disclosure under any proceeding under reads as follows: United States Code (commonly referred to as that section. S. RES. 188 the Freedom of Information Act), to provide (e) RULE OF CONSTRUCTION.—Nothing in Whereas, on June 14, 2009, the Los Angeles that statutory exemptions to the disclosure this section shall be construed to preclude Lakers defeated the Orlando Magic in game requirements of that Act shall specifically the voluntary disclosure of a covered record. 5 of the 2009 National Basketball Association cite to the provision of that Act authorizing (f) EFFECTIVE DATE.—This section shall Championship Finals; such exemptions, to ensure an open and de- take effect on the date of enactment of this Whereas that triumph marks the 15th Na- liberative process in Congress by providing Act and apply to any photograph created be- tional Basketball Association Championship for related legislative proposals to explicitly fore, on, or after that date that is a covered for the Lakers franchise and 10th for the Los state such required citations, and for other record. Angeles Lakers; purposes. SEC. 2. OPEN FREEDOM OF INFORMATION ACT. Whereas that triumph also marks the There being no objection, the Senate (a) SHORT TITLE.—This section may be fourth National Basketball Association proceeded to consider the bill. cited as the ‘‘OPEN FOIA Act of 2009’’. Championship victory for the Los Angeles Mr. REID. I ask unanimous consent (b) SPECIFIC CITATIONS IN STATUTORY EX- Lakers since 1999, earning the Los Angeles the bill be read a third time, passed, EMPTIONS.—Section 552(b) of title 5, United Lakers more championship victories in this the motion to reconsider be laid on the States Code, is amended by striking para- decade than any other team in the league; table, and any statements be printed in graph (3) and inserting the following: Whereas Los Angeles Lakers head coach ‘‘(3) specifically exempted from disclosure Phil Jackson, who throughout his career has the RECORD. by statute (other than section 552b of this epitomized discipline, teaching, and excel- The PRESIDING OFFICER. Without title), if that statute— lence, has won 10 National Basketball Asso- objection, it is so ordered. ‘‘(A)(i) requires that the matters be with- ciation Championships as a head coach, the The bill (S. 1285) was ordered to be held from the public in such a manner as to most championships for a head coach in Na- engrossed for a third reading, was read leave no discretion on the issue; or tional Basketball Association history, sur- the third time, and passed, as follows: ‘‘(ii) establishes particular criteria for passing the number won by the legendary S. 1285 withholding or refers to particular types of Arnold ‘‘Red’’ Auerbach; Be it enacted by the Senate and House of Rep- matters to be withheld; and Whereas the 2009 National Basketball Asso- resentatives of the United States of America in ‘‘(B) if enacted after the date of enactment ciation Championship marks the ninth Congress assembled, of the OPEN FOIA Act of 2009, specifically championship for Los Angeles Lakers owner SECTION 1. DETAINEE PHOTOGRAPHIC RECORDS cites to this paragraph.’’. Gerald Hatten Buss; PROTECTION. f Whereas general manager Mitch Kupchak (a) SHORT TITLE.—This section may be has built a basketball team that possesses a cited as the ‘‘Detainee Photographic Records EXECUTIVE SESSION great balance among all-stars, veterans, and Protection Act of 2009’’. young players; (b) DEFINITIONS.—In this section: Whereas the Los Angeles Lakers won 65 (1) COVERED RECORD.—The term ‘‘covered EXECUTIVE CALENDAR games in the 2009 regular season and de- record’’ means any record— feated the Utah Jazz, the Houston Rockets, (A) that is a photograph that— Mr. REID. Mr. President, I ask unan- the Denver Nuggets, and the Orlando Magic (i) was taken during the period beginning imous consent the Senate proceed to in the 2009 National Basketball Association on September 11, 2001, through January 22, executive session to consider Calendar playoffs; and 2009; and No. 97, the nomination of Hilary Tomp- Whereas each player for the Los Angeles (ii) relates to the treatment of individuals kins, to be Solicitor of the Department Lakers, including Trevor Ariza, Shannon engaged, captured, or detained after Sep- Brown, Kobe Bryant, Andrew Bynum, Jordan of the Interior; that the nomination be tember 11, 2001, by the Armed Forces of the confirmed and the motion to reconsider Farmar, Derek Fisher, Pau Gasol, Didier United States in operations outside of the Ilunga-Mbenga, Adam Morrison, Lamar United States; and be laid upon the table; that any state- Odom, Josh Powell, Sasha Vujacic, Luke (B) for which a certification by the Sec- ments relating to the nomination be Walton, and Sue Yue, contributed to what retary of Defense under subsection (c) is in printed at the appropriate place in the was truly a team effort during the regular effect. RECORD as if read, the President be im- season and the playoffs to bring the 2009 Na- (2) PHOTOGRAPH.—The term ‘‘photograph’’ mediately notified of the Senate’s ac- tional Basketball Association Championship encompasses all photographic images, tion, and the Senate then resume legis- to the city of Los Angeles: Now, therefore, be whether originals or copies, including still it lative session. photographs, negatives, digital images, The PRESIDING OFFICER. Without Resolved, That the Senate— films, video tapes, and motion pictures. (1) congratulates the Los Angeles Lakers (c) CERTIFICATION.— objection, it is so ordered. for winning the 2009 National Basketball As- (1) IN GENERAL.—For any photograph de- The nomination considered and con- sociation Championship; scribed under subsection (b)(1)(A), the Sec- firmed is as follows: (2) recognizes the achievements of the retary of Defense shall certify, if the Sec- DEPARTMENT OF THE INTERIOR players, coaches, and staff whose hard work retary of Defense, in consultation with the Hilary Chandler Tompkins, of New Mexico, and dedication made winning the champion- Chairman of the Joint Chiefs of Staff, deter- to be Solicitor of the Department of the In- ship possible; and mines that the disclosure of that photograph terior. (3) directs the Secretary of the Senate to would endanger — transmit a copy of this resolution to— (A) citizens of the United States; or f (A) the 2009 Los Angeles Lakers team and (B) members of the Armed Forces or em- their head coach Phil Jackson; ployees of the United States Government de- LEGISLATIVE SESSION (B) the Los Angeles Lakers owner Gerald ployed outside the United States. The PRESIDING OFFICER. Under Hatten Buss; and (2) CERTIFICATION EXPIRATION.—A certifi- the previous order, the Senate will re- (C) the Los Angeles Lakers general man- cation submitted under paragraph (1) and a turn to legislative session. ager Mitch Kupchack. renewal of a certification submitted under f paragraph (3) shall expire 3 years after the f date on which the certification or renewal, ORDERS FOR THURSDAY, JUNE 18, DETAINEE PHOTOGRAPHIC as the case may be, is submitted to the RECORDS PROTECTION ACT OF 2009 President. 2009 Mr. REID. Mr. President, I ask unan- (3) CERTIFICATION RENEWAL.—The Sec- Mr. REID. Mr. President, I ask unan- imous consent the Senate proceed to retary of Defense may submit to the Presi- imous consent that when the Senate dent— the immediate consideration of S. 1285. completes its business today, it ad- (A) a renewal of a certification in accord- journ until 9:45 a.m., Thursday, June The PRESIDING OFFICER. The ance with paragraph (1) at any time; and clerk will report the bill by title. (B) more than 1 renewal of a certification. 18; that following the prayer and A bill (S. 1285) to provide that certain pho- (4) NOTICE TO CONGRESS.—A timely notice pledge, the Journal of proceedings be tographic records relating to the treatment of the Secretary’s certification shall be sub- approved to date, the morning hour be of any individual engaged, captured, or de- mitted to Congress. deemed expired, the time for the two

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MICHAEL J. MATTHEWS ERIC A. BROOKS leaders be reserved for their use later DETRICE D. MOSBY FRANKLIN C. BROOKS in the day, and there be a period for ANTHONY W. PARKER JASON L. BROTHERS CAROLYN M. PORTEE CHRISTOPHER J. BROWN morning business for 1 hour with the ENRIQUE O. RIVERA JASON C. BROWN time equally divided or controlled be- BENJAMIN R. SALVADOR RODGERS BROWN, JR. JASON A. SCHUYLER JAMES L. BROWNING tween the two leaders or their des- SHEBA L. WATERFORD BOYCE R. BUCKNER ignees, with the majority controlling DIOSABELLE B. BUCKNER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN W. BUKOWSKI the first half and the Republicans con- TO THE GRADE INDICATED IN THE UNITED STATES ARMY JASON N. BULLOCK trolling the second half, with Senators UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL R. BUNDT To be major THEDIUS L. BURDEN permitted to speak for up to 10 minutes ANDREW E. BURGESS each. JOHN A. AARDAPPEL ANITA L. BURKE RICHARD R. AARON JASON P. BURKE The PRESIDING OFFICER. Without JUSTIN P. AARONSON RYAN T. BURKERT objection, it is so ordered. MANUEL M. ACOSTA MICHAEL M. BURNS RIAKOS L. ADAMS JOHN J. BURRESCIA, JR. f TERRENCE A. ADAMS PHILIP A. BUSWELL BRIAN L. ADAMSON CODY P. BUTTON MARK G. ADKINS JASON L. BUURSMA PROGRAM RICHARD W. AHWEEMARRAH VAUGHAN M. BYRUM JASON E. ALBRIGHT POHAN A. BYSTROM Mr. REID. Under a previous order, DANIEL C. ALDER RONALDO B. CABALES following morning business, the Senate MICHAEL F. ALEXANDER ROGER M. CABINESS II ANDREW S. ALLEN IV RYAN C. CAGLE will return to consideration of S. Con. CHRISTOPHER M. ALMAGUER ELIZABETHANNE M. CAIN Res. 26, a concurrent resolution relat- BENJAMIN ALVAREZ HARTLEIGH A. CAINE LEE E. AMBROSE STEPHEN A. CALDERON ing to slavery. It is an apology relating TYLER K. ANDERSEN JAIME CALICA to slavery. There will be an hour for SAMFORD D. ANDERSON ADAM S. CAMARANO BRIAN C. ANGELL BRIAN C. CAMPBELL debate equally divided and controlled TROY ANGELL WILLIAM R. CANDA III between the two leaders or their des- DANTE A. ANTONELLI ADAM M. CANNON CURTIS M. ARMSTRONG DON L. CANTERNA, JR. ignees prior to a vote on adoption of MATTHEW R. ARROL MATTHEW P. CAPOBIANCO the concurrent resolution. We expect SHANNON P. ASERON MICHAEL H. CAPPS MICHAEL C. ATHANASAKIS SARA E. CARDENAS that vote to be a voice vote. JACOB A. ATKINS EDWARD W. CARDINALE Upon disposition of the concurrent JASON W. ATKINSON ERIC D. CARLSON MARC J. AUSTIN KENT R. CARLSON, JR. resolution, the Senate will resume con- DARBY L. AVILES ROBERT J. CARPENA sideration of the conference report to MATTHEW P. BACHMANN BARRY S. CARTER JOHN R. BACON DARYL A. CARTER accompany H.R. 2346, the emergency TERENCE W. BACON JASON C. CARTER appropriations bill. HOSSEIN D. BAHAGHIGHAT JEANETTE A. CARTER DEREK R. BAIRD JOHN F. CARTER We hope we can work out an agree- JEFFREY R. BAIRD NATALIE K. CASEY ment on this tomorrow to finalize the CHRISTINE M. BAKER JAY I. CASH DONALD L. BAKER, JR. DANIEL L. CASTORO supplemental. If not, we will have a JAMI L. BALL TIMOTHY J. CATALANO cloture vote Friday morning early. WILLIAM F. BALL III JACOB L. CECKA ALHAJI S. BANGURA CARLOS E. CHAPARROLOPEZ f KEITH A. BARANOW THOMAS D. CHAPEAU JAMES A. BARLOW STEPHEN A. CHAVEZ ADJOURNMENT UNTIL 9:45 A.M. CHRISTOPHER Q. BARNETT GEORGE A. CHIGI RYAN D. BARNETT MATTHEW W. CHILDERS TOMORROW CHARCILLEA A. BARRETT CHRIS C. CHOI STEVEN B. BARRIER, JR. KRIS Y. CHOW Mr. REID. If there is no further busi- KRISTOFFER R. BARRITEAU WILLIE L. CHRISTIAN, JR. ness to come before the Senate, I ask STEVEN S. BARTLEY JEFFREY S. CHRISTY ADRIAN C. BAUER JEREMY D. CLARDY unanimous consent it adjourn under SEAN W. BAXTER JAMES S. CLARK the previous order. CHRIS B. BEAL MATTHEW B. CLARK JAMES A. BEAULIEU PAUL A. CLARK, JR. There being no objection, the Senate, RALPH L. BECKI EDWIN L. CLARKE at 7:38 p.m., adjourned until Thursday, BROOK W. BEDELL RICHARD J. CLAYTON LISA A. BELCASTRO RAYMOND E. CLOUD June 18, 2009, at 9:45 a.m. JOEL S. BENEFIEL MICHAEL P. COCHRAN TOBIAS A. BENNETT ANTHONY L. COLE f RYAN M. BERDINER JAMES F. COLLIER, JR. RICHARD E. BERRY II AXEL E. COLONPADIN NOMINATIONS ALI J. BESIK NATHANIEL F. CONKEY JAY A. BESSEY MAURICE C. CONNELLY Executive nominations received by BRIAN E. BETTIS DAVID M. CONNER NATHAN T. BIDDLE SAMUEL J. CONNER the Senate: PAUL T. BIGA CASEY D. CONNORS DEPARTMENT OF STATE ACHIM M. BILLER CHRISTOPHER J. COOK MATHEW J. BILLINGS SAMUEL P. COOK VILMA S. MARTINEZ, OF CALIFORNIA, TO BE AMBAS- JASON D. BILLINGTON WALTER R. COOPER III SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF DAMON J. BIRD JOHN W. COPELAND THE UNITED STATES OF AMERICA TO ARGENTINA. CRAIG W. BLACKWOOD KELLY J. COPPAGE PRESTON B. BLAIR JASON Y. CORNETT IN THE ARMY BRIAN D. BLAKE CHAD P. CORRIGAN THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR JUDE M. BLAKE KENNETH J. COSGRIFF APPOINTMENT TO THE GRADE INDICATED IN THE JONATHAN G. BLEAKLEY AARON K. COWAN UNITED STATES ARMY AS A CHAPLAIN UNDER TITLE 10, JOHN T. BLEIGH JONATHAN A. COWEN U.S.C., SECTIONS 531 AND 3064: RONALD G. BLEVINS AARON L. COX PENNY M. BLOEDEL YANSON T. COX To be major SETH A. BODNAR THOMAS B. CRAIG BRYAN M. BOGARDUS NATHANIEL T. CRAIN BRIAN G. DONAHUE KELLY O. BOIAN KIMBERLY J. CRICHLOW THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- PAUL D. BOLDUAN ADAM B. CRONKHITE POINTMENT IN THE GRADES INDICATED IN THE UNITED DAVID M. BOLENDER BENJAMIN C. CROOM STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: LANE A. BOMAR CLARA W. CROWECHAZE VINCENT J. BONCICH CASEY R. CROWLEY To be lieutenant colonel LORETO V. BORCE, JR. JOHN R. CRUISE JON D. BORMAN LUIS M. CRUZ, JR. ROBERT L. DORAN ISSAM A. BORNALES PATRICK J. CULPEPPER MICHAEL J. HUTH RYAN P. BORTNYK KEVIN F. CUMMISKEY RYAN S. JONES JUSTIN A. BOSANKO LARRY W. CUNNINGHAM, JR. MARK E. PATTON SHANNON M. BOSTICK SEAN W. CUNNINGHAM JAMES J. RISGAARD BRIAN J. BOSTON GREGORY E. CURRY II SIDNEY M. SMITH STEPHEN E. BOURDON DANIEL P. CURTIN, JR. CHAD R. WALKER WILLIAM H. BOWERS CLAYTON D. CURTIS RICKY R. WALLACE WILLIAM G. BOYD, JR. DOUGLAS J. CURTIS To be major JONATHAN M. BRADFORD CHRISTOPHER A. CZERNIA JASON M. BRADLEY NICHOLAS K. DALL STEVEN R. CALDER DONALD T. BRAMAN SHAWN D. DALTON ANDREW W. COLLINS JOHN M. BRAUNEIS CHRISTOPHER J. DAMATO NATHAN C. CURRY VINCENT J. BRAY ANDREW D. DAMICO WILLIE J. HARRIS PAUL D. BRECK CLAYTON C. DANIELS JAY J. HEBERT JOHN W. BRENGLE ANTOINETTE H. DAOUD ANNA R. JOHNSON THOMAS K. BRENTON PATRICK W. DARDIS TIMOTHY J. MACDONALD JESSIE J. BREWSTER BRYAN J. DARILEK MICHAEL I. MAHARAJ MATTHEW A. BRODERICK MICHAEL S. DAVERSA

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DONALD C. DAVIDSON MICHAEL J. GOODENOUGH NEIL J. JULIAN CHAD A. DAVIS SCOTT A. GOODRICH MICHAEL A. JURICK, JR. JOSHUA M. DAVIS ROBERT D. GORDON STEVEN L. KANE MARK A. DAVIS DONALD A. GOURLEY LOUIS M. KANGAS CHRISTOPHER J. DAWSON MICHAEL F. GOVIGNON THOMAS A. KAPLA JASON W. DAY ROBERT B. GRAETZ VINCE M. KASTER JASON R. DEEL MATTHEW W. GRAHAM AARON J. KAUFMAN ERIC D. DEFOREST SHAWN M. GRALINSKI JANETTE L. KAUTZMAN ROGER T. DELAHUNT MICHELLE M. GRAMLING JAMES B. KAVANAUGH EMERY N. DELONG LAWERENCE L. GRANT DANIEL P. KEARNEY BRANDEN J. DELPILAR ROBERT L. GREEN WAYNE R. KEELER KIRBY R. DENNIS MICHAEL C. GREENE ALLEN L. KEHOE TRAVIS P. DETTMER KARL E. GREGORY ROBERT A. KEITH STEVEN M. DEVITT DANIEL D. GRIEVE SCOT R. KEITH THURMAN S. DICKERSON III STEVEN D. GRIFFIN ANTHONY A. KELLER CHRISTIAN N. DIETZ WILLIAM J. GRIFFITH IV TIMOTHY P. KELLY ADAM B. DIGAUDIO GARRETT J. GUITREAU EDWARD E. KENNEDY PETER DIGIORGIO ROBERT C. GULLY ASFANDYAR KHAN DANIEL C. DINICOLA JOHN R. GUNTER WESLEY C. KIBLER ERIC S. DOBER DAVID W. GUNTHER KEVIN R. KILBRIDE BRYAN J. DODD MARK A. GUNTHER THOMAS J. KILBRIDE THOMAS C. DOUKAKOS NATHAN A. GUTHRIE BYUNG C. KIM AMANDA E. DOYLE CHRISTOPHER W. HAGGARD RUSTIE W. KIM ELIJAH A. DREHER MICHAEL B. HALE YOUNG I. KIM TIMOTHY J. DUGAN CHRISTIAN W. HALL JASON A. KING CHRISTOPHER T. DULING MARK D. HALL JEROME A. KING CEDRICK A. DUNHAM SHAUN C. HALL JOSEPH P. KING RICHARD E. DUNNING WILLIAM A. HAMMAC DONALD L. KINGSTON, JR. CRAIG J. DUPUY KARI C. HAMMOND CHRISTINA R. KIRKLAND ERIC N. DURRANT TIMOTHY J. HANLEY BRIAN A. KLEAR JOHN N. DVORAK DIONNE L. HANNAH BRIAN A. KLINE MICHAEL G. DVORAK NOAH C. HANNERS JONATHAN E. KLINK JASON R. DYE EVANS A. HANSON CHARLES M. KNOLL WILLIAM W. EARL GLENDEN J. HANUN KYLE A. KNOTTS JEFFREY A. EDGINGTON ADAM W. HARLESS RYAN F. KOVARIK CHAD R. EDLUND JOSEPH G. HAROSKY ADAM T. KRAFT VICTOR C. EGBON FREDRICK C. HARRELL FRANK K. KRAMMER, JR. DANIEL J. EICKSTEDT TERRENCE G. HARRINGTON RYAN T. KRANC KACEY C. ELLERBROCK WILLIAM B. HARRINGTON ERIC V. KREITZ MATHEW D. ELLIOTT CHARLA N. HARRIS CALVIN A. KROEGER MELVIN F. EMORY, JR. MICHAEL K. HARRIS MATTHEW M. KUHN MICHAEL J. ENGLIS WALTER F. HARRIS RYAN B. KURRUS DANIEL R. ERSKINE JOHN P. HARRISON ANTHONY F. KURZ DAVID E. ESCOBAR PAUL D. HARRISON PHILLIP M. LACASSE SAMUEL A. ESCOBARPEREZ JAMES J. HART EDGAR G. LANDAZURI ROBERT J. ESPINOZA RICHARD E. HARTNEY III LISA R. LANDRETH JOHN W. EVANGELISTA MONICA L. HARTY COREY M. LANDRY ANCLE R. EVANS KEITH A. HASKIN CHRISTOPHER C. LANE DAVID H. EVANS VALERIE L. HAUER MICHAEL LANZAFAMA SCOTT D. EVELYN DERON R. HAUGHT NEAL J. LAPE DAVID FAGERGREN DERIC J. HAWKINS MELISSA M. LAPLANTE DAVID M. FAJARDO DANIEL A. HAYDEN DOMINIC M. LARKIN BRENDON M. FALSIONI ROLLIN R. HEASSLER JAMIE R. LAVALLEY ANDREW G. FARINA SEAN M. HEENAN DANIEL E. LAWRENCE, JR. MICHAEL S. FARMER WILLIAM S. HEEPS DOUGLAS A. LAXSON NATHANIEL J. FARRIS JOEL M. HELGERSON TRI D. LE BRYAN R. FEESER THOMAS L. HENDRIX III DAVID M. LEACH HECTOR FERNANDEZ ANDREW M. HENNING CEDRIC G. LEE JOHN M. FERNANDEZ DAVID F. HENNING, JR. CHONG Y. LEE ROSS D. FEUERSTEIN KYLE D. HENSON MATTHEW D. LEE MELISSA L. FIELD GREGORY P. HENZ MARK A. LEGASPI BENJAMIN A. FIELDING MICHAEL S. HEQUEMBOURG LANCE S. LEONARD ANTHONY T. FINDLAY JORDAN E. HERRMANN LEVIAS L. LEWIS RYAN M. FINLEY JOHNATHAN W. HESTER NATHAN L. LEWIS SEAN P. FINNERTY TERRY N. HILDERBRAND, JR. TRACEY B. LEWIS BRADFORD A. FISHER JAMES K. HILLABRANDT WILLIAM K. LEWIS THOMAS C. FISHER TERRY L. HILT KATRINA G. LEWISON JOSHUA M. FISHMAN JAMES D. HOCHSTETLER TYLER G. LEWISON DAVID E. FITZPATRICK DAVID J. HODGES ERIC LIGHTFOOT JESSE L. FLEMING JOSEPH E. HOFFMAN SAMUEL E. LINN KATHRYN P. FLEMING JAMES E. HOLMES, JR. DAVID J. LITTLE PATRICK M. FLOOD DAVID T. HOLSTEAD KENNETH A. LIZOTTE, JR. FRANKIE L. FLOWERS DALE J. HOMMERDING JAMES E. LONG MICHAEL C. FLYNN JONATHAN J. HOPKINS RYAN D. LONG JASON C. FOOTE JUSTIN C. HOPKINS WILLIAM T. LONGANACRE DARREN B. FOWLER MATTHEW D. HOPPER CLIFTON J. LOPEZ III JORDAN M. FRANCIS CHRISTOPHER T. HORMEL MICHAEL B. LOVEALL KENNETH W. FRANK SCOTT W. HORRIGAN PATRICK S. LOWRY JOHN T. FRANZ AARON M. HOTARD JOSHUA M. LUCKEY THOMAS D. FREILING JAMES C. HOWELL REVEROL A. LUGO THOMAS D. FROHNHOEFER DOUGLAS M. HOYT BRETT W. LYNCH DAVID A. FULTON CHRIST M. HRISTOFIDIS JASON R. LYNN MICHAEL R. FUNCHES SEAN K. HUBBARD MICHAEL L. LYONS MICHAEL M. GACHERU JUSTIN D. HUFNAGEL JEROD J. MADDEN ADRIAN M. GAILEY DAVID K. HUGHES COLIN P. MAHLE BRENDAN R. GALLAGHER MARCUS S. HUNTER TIMOTHY B. MANTON CASEY J. GALLIGAN JEREMIAH C. HURLEY NED B. MARSH ANDREW A. GALLO RYAN E. HUSTON PATRICK S. MARSH MICHAEL R. GARRY STEVEN C. HYDER DENNIS P. MARSHALL JOSHUA M. GASPARD TRAVIS A. IMMESOETE MATTHEW D. MARSTON LISA M. GASQUE KEITH B. INGRAM JONATHAN R. MARTIN MICHAEL E. GATES VAN P. ISRA CASEY A. MARTINEZ RICHARD B. GEBHARDT ERICA R. IVERSON ISAIAS MARTINEZ, JR. MARK E. GEETING ROMAN D. IZZO DOUGLAS A. MASSIE SHAWN H. GEIB ERICA D. JACKSON CHRISTOPHER P. MATTHEW COREY J. GENEVICZ JONATHAN B. JACKSON DAVID A. MATTOX JONATHON M. GENGE MICHAEL T. JACKSON ROBERT S. MCCHRYSTAL THYRANE R. GEORGE SAMUEL A. JACKSON III RODRIC M. MCCLAIN JOHN GERVAIS KEITH L. JACOBS MARK R. MCCLELLAN TIMOTHY J. GHORMLEY CONRAD J. JAKUBOW JOHN W. MCCOMBS BRYAN N. GIBB JUNEL R. JEFFREY JESS MCCONNELL STEPHEN R. GIBBS WILLIAM F. JENNINGS BRIAN K. MCCORT BRIAN D. GILBERT DAVID E. JENSEN ROBERT L. MCCRACKEN RYAN A. GILDEA ERIC N. JNAH SCOTT E. MCCRANEY CHRISTOPHER D. GILDON ALI H. JOHNSON RODNEY D. MCCUTCHEON KIMBERLY N. GILES DEREK E. JOHNSON JEFFREY B. MCGINNIS JARROD J. GILLAM FOREST A. JOHNSON CHRISTOPHER I. MCGRAIL NANCY A. GINES JESSE R. JOHNSON ARTHUR L. MCGRUE III KEVIN M. GITKOS JOSEPH P. JOHNSON MATTHEW J. MCKEE ROBERT D. GIULIANO MATTHEW L. JOHNSON LAURA K. MCKENNA MICHAEL B. GLADNEY PERRY L. JOHNSON, JR. ERIC D. MCKINNEY DEMETRIA L. GLOVER STEPHEN M. JOHNSON GREGORY W. MCLEAN DANIEL GODBEY TIMOTHY C. JOHNSON CALEB J. MCMAHAN EDWARD GOMEZ GREGORY S. JONES ALEC T. MCMORRIS GARY H. GONZALEZ, JR. THOMAS M. JONES JOHN H. MCNAMARA JEFFREY D. GOOD RAFAEL JOVETRAMOS, JR. SHAWN E. MCNUTT REED R. GOODELL KEVIN T. JOYCE WILLIAM A. MCNUTT

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TIMOTHY P. MEADORS JASON R. POSEY JEFFREY J. SOUTER JEDEDIAH J. MEDLIN THOMAS L. POTTER, JR. DARREN T. SPEARS MELVIN R. MEDRANO ROSALBA POULOS BRENDA J. SPENCE GREG A. MEERT ROBERT S. PRATT DAVID W. SPENCER JASON R. MELCHIOR MICHAEL C. PRESCOTT NIMROD L. SPILMAN MARCUS H. MELTON DAVID W. PRESTON JEREMY P. SPRINGALL JORGE J. MENDOZACASILLAS JAMES D. PRITCHETT JOEL B. SPRINGER JOHN W. MERKEL CATHERINE K. PROIETTA JONATHAN C. STAFFORD MARY E. MERRICK ROBERT J. PRZYBYLSKI IVY Y. STAMPLEY GABRIEL M. MESA BRYANT G. PUERTO MATTHEW P. STARSNIC JUSTIN T. MICHEL THOMAS T. PUTNAM MICHAEL H. STARZ MATTHEW C. MILETICH JAMES A. RAINES, JR. ANDREW C. STEADMAN JAMES MILLEDGE JAMES A. RAMAGE SHAWN P. STEELE JOHN P. MILLER III ALEJANDRO RAMIREZ JASON J. STEGER JOSHUA T. MILLER ANDREA RANDLE NORMAN F. STEPHENSON NATHANIEL S. MILLER JASON S. RAUB JESSE R. STEWART RICHARD A. MILLER DANIEL L. RAUSCH KELLY J. STEWART SHAUN P. MILLER SAMUEL L. REDDING LEONARD J. STEWART III JOHN C. MILLS CRAIG REDFEARN WINCHESTER A. STIENS BENJAMIN D. MINCHHOFF JESSE R. REED JOSHUA A. STILTNER ERIC S. MINOR JAMES R. REESE, JR. ORRIN G. STITT PAUL B. MITCHELL III SEAN M. REESE JENNIFER J. STOBIE AARON J. MOCK SEAN M. REILLY ADAM C. STOCKING JAMES M. MODLIN, JR. JERRY B. REITAN JAMES P. STOFFEL ALBERTO J. MOLINAGALLARDO GLEN D. RENFREE ROBERT F. STOKES DARREN R. MONIOT JOSE R. REYESIRIZARRY GREGORY P. STONE MARQUETTE D. MONTGOMERY JEFFREY P. RHODES KEVIN P. STONEROOK KERRIE A. MOONEY CHRISTOPHER J. RICCI JON E. STOROZUK BRIAN J. MOORE ROBERT B. RICHARDS WILLIAM E. STOVALL MASON M. MOORE WILLIAM D. RICHARDSON VAUGHN D. STRONG, JR. RICHARD M. MOORE WILLIAM P. RICHARDSON MARK C. STURGEON CARLOS J. MORALES JASON B. RIDDLE JAMES A. STURM ERICK J. MORALES WALTER O. RITTGER IVEN T. SUGAI DYLAN M. MORELLE CRUZ RIVERA, JR. EDWARD T. SULLIVAN PAUL W. MORESHEAD SANTOS RIVERA, JR. ROBERT H. SULLIVAN ZACHARIAH G. MORFORD JOHN T. ROBERSON RYAN P. SULLIVAN BRAD A. MORGAN CHRISTOPHER O. ROBERTS WILLIAM D. SULLIVAN JAYSON B. MORGAN STEVEN G. ROBINS WADE L. SWEENY CHRISTOPHER J. MORRIS GUYTON L. ROBINSON THOMAS J. SWINT CHRISTOPHER T. MORTON MICHAEL P. RODER MARSHALL S. SYBERT SHAWN J. MORTON MICHAEL R. RODICK NATHANAEL S. TAGG JAMES L. MOSELEY II WILLIE RODNEY JOHN M. TATE DUANE L. MOSIER ROBERT R. RODOCK JAMES T. TAYLOR NICHOLAS C. MUMM FELIX O. RODRIGUEZ MICHAEL D. TEAGUE PHILIP J. MUNDWEIL JUAN C. RODRIGUEZ JOHN W. TEMPLER ROBERT M. MURPHY PATRICK C. ROGERS RICHARD P. TETA RASHEED N. MUWWAKKIL STEPHEN M. ROMAN LAVERN C. THEIS, JR. ANDREW D. NAPHY CHARLES J. ROMERO STEPHEN P. THIBODEAU WILLIAM NAVARRO BRANDAN T. ROONEY JOSEPH F. THOMAS CHRISTIAN C. NEELS SONNY T. ROSALES AMY R. THOMPSON RYAN L. NENABER JEFFREY R. ROSENBERG ANTHONY M. THOMPSON RYAN C. NESRSTA ROBERT E. ROWLAND MICHAEL B. THROCKMORTON RICHARD A. NESSEL JOSEPH A. ROYO TRAVIS S. TILMAN LOUIS V. NETHERLAND JARED M. RUDACILLE MICHAEL W. TILTON JACE R. NEUENSCHWANDER JARED E. RUNGE LAWRENCE A. TOMAZIEFSKI ROBERT J. NEWBAUER ANNMARIE D. RUPPERT LAZANDER C. TOMLINSON MARY S. NEWELL STEVEN G. RUSH BRENDAN P. TOOLAN GARY A. NILES TIMOTHY J. RUSSELL BENJAMIN L. TORPY WALLY NOEL ARAYA S. RUTNARAK CAMBREY M. TORRES JEFFREY D. NOLL JOSEPH W. RUZICKA VICTOR J. TORRESFERNANDEZ WILLIAM F. NORDAI MARC J. SANBORN JASON A. TOTH JEFFREY R. NORDIN IRVING SANCHEZALMODOVAR JAMES P. TOWERY, JR. MATTHEW C. NORRIS KEITH P. SANDOVAL RICHARD A. TOWNER JASON S. NORTHROP RODOLPHO A. SANDOVAL JAMEY L. TRIGG RUSSELL G. NOWELS JOHANNIE SANMIGUEL BRIAN J. TRITTEN MANUEL A. NOYOLA KYRIAKOS R. SARAFIS VICTOR E. TRUJILLO II GERALD A. NUNZIATO, JR. DAVID A. SARRETTE, JR. TIMOTHY A. TRYON ERIC W. NYLANDER DAVID M. SATTELMEYER GERALD D. TUCK MARK J. OBRIEN MARC D. SAUTER COLEY D. TYLER LOUISITO J. OCAMPO FRED L. SAXTON KYLE L. UPSHAW JOSEPH M. ODORIZZI MARK J. SCHERBRING HOPE A. USE DEANNE M. OJEDA RICHARD H. SCHILDMAN III JEREMY J. USSERY ERIK C. OKSENVAAG MARTIN D. SCHMIDT DAVID A. UTHLAUT SAMUEL OLAN NATHAN G. SCHMIDT BRIAN C. VANVALKENBURG BRANDON L. OLIVEIRA PETER L. SCHNEIDER DARRELL F. VAUGHAN ANDREW L. OLSON CORT SCHNETZLER HUMBERTO O. VENTURA SEAN M. ONTIVEROS EDWARD B. SCHOENHEIT MATTHEW J. VETTER JOHN P. OPLADEN CLARENCE C. SCOTT, JR. SETH W. VIEUX DAVID M. ORTEGA JAMES D. SCOTT ALBERT A. VIGILANTE, JR. PEDRO J. ORTIZ JOSEPH C. SCOTT SEAN C. VINSON EDGAR J. OTALORA VICTORIA M. SCRAGG CHRISTOPHER J. VITALE ELIAS D. OTOSHI BRUCE L. SCULLION BRIAN M. WADE PAUL G. OTTO JAMES H. SCULLION MARK J. WADE KENNETH C. OUTLAW CHAD W. SEARCY CHRISTOPHER K. WAGAR RANDY T. OVERSTREET JOEL P. SEARS ANDREW J. WAGNER JUSTIN R. PABIS VIRGINIA L. SEIGEL RUSSELL O. WAGNER GABRIEL PADILLA CHARLES A. SEMENKO MATTHEW L. WAGONER JASON B. PALERMO JOSHUA T. SEVERS JERMAINE M. WALKER NATHAN A. PALISCA TONY W. SEXTON JONATHAN D. WALKER BRADLY S. PARKER BRETT G. SHACKELFORD KEITH P. WALKER MATTHEW L. PARKER JOHN A. SHAW MATTHEW A. WALKER JEFFREY D. PARKS MATTHEW D. SHAW LEE S. WALLACE BRANDON W. PARRISH JAMES D. SHEFFIELD STEVEN S. WALLACE PHILIP P. PARRISH WILLIAM H. SHOEMATE II DANIEL J. WALLESTAD BRIAN W. PARSONS TODD A. SHORE CHADRICK K. WALLEY ERIC A. PARTHEMORE TUCKER W. SHOSH SHAWN A. WANGERIN ROBERT T. PAUL JEFFREY D. SHULTZ KEVIN J. WARDROBE RODRIC G. PAULETTO RUFUS H. SHUMATE III JOSEPH L. WARNER JATHAN R. PAYNE ISAAC S. SJOL SEAN M. WARNER KEVIN M. PELLEY LAURA J. SKINNER CARL E. WARREN CARLOS D. PEREZ ANDREW M. SLATER JERON J. WASHINGTON ALEXIS PEREZCRUZ NEAL C. SMILEY SHERMAN C. WATSON FRANK C. PESCATELLO, JR. DAVID K. SMITH SHANNON T. WAY BENJAMIN C. PETERSON DEREK A. SMITH JASON R. WAYNE DONAVAN D. PETERSON DONALD D. SMITH DENNIS J. WEAVER ERIK S. PETERSON DUNCAN A. SMITH, JR. MARTIN E. WEAVER PATRICIA C. PETERSON JAMES B. SMITH WADE M. WEAVER PHILLIP J. PHILBRICK KENNETH C. SMITH JEREMY M. WEDLAKE DUSTIN E. PHILLIPS MARIAH C. SMITH ALBERT J. WEINNIG II ERIC M. PHILLIPS STEPHEN T. SMITH ADENA J. WEISER MARCUS B. PINTO CURTIS M. SNIDER YINON WEISS STEPHEN D. POE STEPHEN P. SNYDER CHRISTOPHER P. WELLMAN KRISTOPHER R. POIRIER BRENT W. SOBKOWIAK DANIEL E. WELSH STIRLING D. POPEJOY BRIAN E. SOLE CHAD M. WENDOLEK JEFFREY A. POQUETTE HUGH E. SOLLOM ERIC N. WEYENBERG JEFFREY D. PORTER ROBERTO C. SOLORZANO AMY M. WHEELER MELVIN C. PORTER, JR. BRIAN A. SOULE GRAHAM R. WHITE

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REGINALD D. WHITE MARK A. COBOS DEVIN M. HOLLINGSWORTH JOSEPH L. WHITENER, JR. SETH D. COLE JOHN W. HOLMES NATHAN S. WHITFIELD GEORGE H. COLEMAN JAMES P. HOLZGREFE ANDREW J. WHITFORD JOSE G. COLLADO STEPHEN F. HOPKINS NATHAN A. WHITLOCK ENARDO R. COLLAZOALICEA DAVID T. HORD ANDREW J. WILBRAHAM BRIAN T. COLLINS TAWNYA W. HORTON PATRICK R. WILDE LIAM M. CONNOR MICHAEL J. HOSLER AARON M. WILLIAMS RAINA M. COPOSKY DOUGLAS B. HOUSTON REGINALD E. WILLIAMS, JR. SHANE W. CORCORAN JASON C. HOWK DAVID R. WILSON KRISTINA J. CORNWELL COLIN D. HOYSETH JARED P. WILSON DENNIS A. COX MALIKAH H. HUDSON JEANNETTE M. WILSON JACOB H. COX, JR. ROBERT HUDSON MAURICE WILSON TRAVIS R. COX JEANNE F. HULL NATHANIEL B. WILSON CASEY D. COYLE BENJAMIN W. HUNG TAMMI Y. WILSON RICHARD M. CRUZ, JR. RICHARD A. HUNTER BARRY WINNEGAN HOYT A. CRUZE III JENNIFER A. HURRLE PAUL W. WITKOWSKI EDWARD D. CUEVAS BRIAN R. HUSKEY SHANNON L. WOLF TIMOTHY M. CULPEPPER PAUL E. IRELAND MATTHEW S. WOLFE DARIUS W. DANIEL TIMOTHY J. IRELAND JOHN A. WOMACK JASON N. DAUGHERTY BRADLEY J. ISLER RICHARD S. WOOLSHLAGER KYLE A. DAVIS JASON E. ISON JEFFREY R. WOOTEN MICHAEL A. DECICCO TANIA L. IWASKIW MATTHEW T. WORK ROBERT G. DELEON LOGAN R. JACK LARRY G. WORKMAN CHRISTOPHER M. DEMPSEY JUAN E. JACKSON RYAN K. WORKMAN KENT B. DENMON JEFFREY S. JAGER GLEN A. WRIGHT EDDIE J. DIAZRIVERA ROBERT A. JAMES TIMOTHY F. WRIGHT CHARLES R. DIXON CLAUDE H. JEAN PAUL M. WUENSCH STEVEN L. DOEHLING NOAH A. JEFFERSON TAYLOR R. YAMAKI BERESFORD P. DOHERTY MARIA E. JENSEN ALISSA A. YIKE MICHAEL J. DONAHUE HAEYONG JI LUCAS J. YOHO WILLIAM A. DONALDSON ANGELA K. JOHNSON ALEXANDER YOUNG JOHNNY W. DOOLEY EUGENE L. JOLLY III DENNIE YOUNG JAMES D. DOUGLAS COURTNEY E. JONES GENE YU NICOLE E. DOUGLAS JEFFREY M. KALDAHL MICHAEL ZENDEJAS ERIN T. DOYLE BRIAN F. KAMMERER CURTIS J. ZERVIC PACE A. DUCKENFIELD JAMES P. KANE, JR. SALVADOR M. ZUNIGA WILLIAM R. DUFFY JUAN C. KAPLAN KURT W. ZWOBODA CHRISTINA L. DUGAN JOHN S. KASPER D070732 JEFFERY J. DUNLAP CHRISTINA R. KEARNS D070505 RICHARD G. DUNN CARLOS L. KEITH, JR. D070795 NATHANIEL DURANT III COURTNEY T. KENDELL D071037 ANTHONNIE D. EASON CHRISTIAN J. KENNEY D071039 DAVID C. ECKLEY SCOTT W. KEY RUSSELL J. EDMISTON ANDREW R. KICK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES T. EDWARDS, JR. BRIAN S. KILGORE TO THE GRADE INDICATED IN THE UNITED STATES ARMY JASON C. EDWARDS JOONGYUP J. KIM UNDER TITLE 10, U.S.C., SECTION 624: ROBERT W. ERDMAN NADINE M. KING To be major ROBERT A. ERICKSON BRADLEY J. KINSER ALFRED V. ESCOTO JILLIAN M. KLUG CLARA H. ABRAHAM LEE E. ESSER STEPHEN H. KOCH JACOB I. ABRAMI KENNETH C. EVANS JOSEPH T. KOSEK III LENNOL K. ABSHER JAMES L. FAIRCLOTH III AARON W. KOZAK ERIC R. ADAMS JESSE L. FALK THAD H. KRASNESKY MICHAEL A. ADAMS JOHN J. FELBER JAMES R. KRETZSCHMAR BENJAMIN K. AFEKU WILLIAM A. FERRARO JOSEPH R. KRUPA RACHEL J. ALESSANDRO JEFFREY D. FISH THOMAS LAFLASH THOMAS M. AMODEO MARK A. FISHER RODNEY D. LAMBERSON II DEQUETTA J. ANDERSON CHRISTOPHER P. FOLK JOSEPH T. LATENDRESSE ELIZABETH M. ANDERSON FLOYD C. FORREST WILLIAM H. LAVENDER II MICHELLE D. ANDERSON DANIEL L. FOX JOHN C. LEE VALERIE R. ANDREWS WILFREDO FRANCESCHINI MICHAEL P. LENART JAY H. ANSON LUCAS N. FRANK EDWARD B. LERZ II CHARLES M. AZOTEA DAVID H. FRANZ AMUTRA D. LEVINE RICHARD L. BAILEY JEFFREY D. FRANZ DOUGLAS L. LEWIS PAUL W. BALDWIN TIMOTHY C. FRIEDRICH LOLETA L. LEWIS SEAN A. BARBARAS JOHN P. FRIEL HUNG N. LIEU MATTHEW J. BARBOUR BRIAN D. FULTZ SCOTT D. LINKER MICHAEL A. BARKER MARTRELL G. FUNCHES RODNEY H. LIPSCOMB KURT M. BARNEY RANDALL M. GABLE CHRISTOPHER L. LISTON ANTHONY L. BARRERAS JASON J. GALUI CHRISTOPHER I. LOFTIS BRIAN M. BAUER RUBEN GARCIA, JR. LUCIA L. LOMBARDI JAYNA T. BELL JOSEPH N. GARDNER CHYLON E. LONGMOSES CHRISTINA A. BEMBENEK TERESA M. GARDNER HECTOR J. LOPEZ THOMAS R. BENARD LEE W. GERBER JEFFREY B. LOVELACE JENNIFER D. BERGER RICHARD C. GERMANN JOHN G. LUKER JASON R. BIERKORTTE RONNIE E. GERONIMO DAWOOD A. LUQMAN CHRISTIAN C. BJORNSON TIMOTHY M. GIBBONS JAVIER MADRIGAL DAVID J. BLACK STEVEN C. GIESE NICHOLAS MAGGIO TRAVIS T. BLOCK ROBERT B. GILLESPIE TONY T. MAI JEREMY S. BOARDMAN RYAN D. GIST TAHER K. MANASTERLI JOHN D. BOLAND JONATHAN A. GLENN RYNELE M. MARDIS JARED V. BONDESSON JAMES T. GOLBY SCOTT W. MARKS THOMAS J. BOUCHILLON CHRISTOPHER A. GONZALES JEFFREY L. MARMITO MICHAEL V. BOUKNIGHT LESLIE D. GORMAN BRADLEY J. MAROYKA TIMOTHY D. BOWERS DOUGLAS M. GRAHAM VINCENT P. MARSCHEAN ROBERT S. BRALEY MICHAEL E. GRATER WILLIAM M. MARTIN KAYSTEINE J. BRIGGS CLAUDETTE D. GRAVES ARNULFO J. MARTINEZ HEIDI A. BROCKMANN RANDY A. GREGORY WILLIE H. MASON ANDREW S. BROKHOFF KEVIN J. GROPPEL MICHAEL Y. MASSEY ERICKA M. BROOKS MICHAEL A. GRYGAR JASON A. MCANALLY SHAWN P. BROUSSARD HEATHER N. GUNTHER SEAN P. MCCAFFERTY RICHARD B. BUCKNER DAVID L. HALL DAVID C. MCCAUGHRIN STEPHEN A. BULTMANN JAMES R. HALL, JR. KELLY M. MCCAY PATRICK D. BUNCH BRIAN P. HALLAM MATTHEW M. MCCREARY JOSHUA M. BUNDT WILLIAM A. HAMILTON MICHAEL P. MCDONALD JOSHUA T. BURDETT ROBERT A. HAMMACK BRIAN C. MCDOWELL RYAN H. BURKE ARNOLD V. HAMMARI JOHN W. MCFARLIN, JR. MICHAEL P. BURNS JENNIFER K. HAN JENNIFER S. MCFARLINMENDEL RETT B. BURROUGHS THOMAS C. HANDY JAY G. MCGEE MICHAEL R. BUSH THOMAS M. HANLON SCOTT D. MCLEARN JAMES D. BUSKIRK BRIAN M. HART BARRETT A. MCNABB BRIAN H. BYRD JEREMY D. HARTUNG MEGAN A. MCSWAIN JEFFREY A. BYRD JARED B. HARTY JASON S. MEISEL MARTIN CABANHERNANDEZ RACHELLE T. HATHAWAY NICHOLAS W. MEISTER JAMES D. CAHILL JOSE C. HENDERSON JOHN J. MELO BRENT R. CALLIS MATTHEW T. HERBERT ERNIE D. MELTON ANDREW J. CAMP NOEMI HERNANDEZ CHRISTOPHER L. MENG JAYSON R. CAMPBELL ROBERTO HERNANDEZ PHILIP A. MESSER DEREK J. CARLSON THOMAS W. HIGGINSON JUDE T. METOYER VERONICA A. CARROLL LANCE C. HILL PAUL E. MEYER MICHAEL W. CERCHIO JENNIFER A. HINKLE RICARDO N. MILLAN ROY J. CHANDLER ANTONIO A. HINOJOSA APRIL D. MILLER HEATHER M. CHRISTENSEN DEAN L. HINRICHSEN CHRISTIAN R. MILLER LATRICE K. CLARK BINH T. HO LAUREN J. MILLER MICHAEL D. CLAYTON MICHAEL A. HODGIN PATRICK J. MILLER BRYAN M. CLEARY LARRY J. HOECHERL, JR. KRISTOPHER S. MITCHELL JEREMY L. CLICK JASON P. HOGAN ANDRE S. MONGE

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ROSANA MONTANEZRODRIGUEZ JOEL C. SPINNEY THOMAS BANTAN, JR. JAMES M. MOORE CHRISTOPHER M. STAUDER MICHELE A. BARKSDALE JOEL L. MOORE CAROL M. STAUFFER ROBERT J. BARTRUFF, JR. RICHARD A. MORGAN KEVIN L. STEELE MARIWIN O. BASCO CHRISTOPHER F. MORRELL CHRISTOPHER N. STELLE DANIEL B. BATEMAN SEAN M. MORROW JOSHUA N. STEPHENSON JOSHUA J. BAXTER JAMES H. MORSE, JR. MICHAEL K. STINCHFIELD TARA D. BECK JASON D. MOULTON ANDREW S. STLAURENT ELIZABETH S. BELLINGER AIMEE J. MOWRY POVILAS J. STRAZDAS JONATHAN S. BENDER BRIAN G. MULHERN OLIVER D. STREET FRANK A. BENITES FATAH MURAISI SHAWN STROOP DAVID J. BENJAMIN III KEVIN M. MURPHY TISSA L. STROUSE MICHAEL W. BERK ROBERT C. MURPHY, JR. SCOTT E. STURTEVANT ADAM C. BERLEW DWAYNE A. MURRAY DANIEL P. SUKMAN EDWIN BERRIOS JOHN K. NAKATA PATRICK K. SULLIVAN DENNIS R. BERRY JONATHAN C. NARVAES JERMAINE L. SUTTON ROBERTO A. BETTER CRAIG A. NAZARETH KATINA S. SUTTON JASON H. BIEL ISABEL K. NAZARETH ANDREW D. SWEDBERG BOYD R. BINGHAM BRAD E. NEAL ANDREW D. SWEDLOW DUSTIN G. BISHOP JASON I. NEEDLER ROBERT L. TABER MATTHEW J. BISSWURM AARON M. NEWCOMER BRENDAN S. TAYLOR CHAD J. BLACKETER RUBIN R. NEYPES JOSHUA A. TAYLOR MATTHEW M. BLACKWELDER KENNETH C. NICKERSON KOLLIN L. TAYLOR PAUL V. BLEVINS SAMUEL NIEVES SEAN R. TAYLOR JONATHAN A. BODENHAMER RUSSELL F. NUNLEY BILL M. TERRY, JR. MARCO A. BONGIOANNI KEVIN P. OCONNELL BENJAMIN R. THOMAS ALFRED S. BOONE SHERRY K. OEHLER THAD M. THOME TIMOTHY J. BOTSET AMMILEE A. OLIVA BRANDON S. THOMPSON JULIUS L. BOYD II DUSTIN R. ORNATOWSKI SCOTT D. THOMPSON ANDREW S. BRANDON CYNTHIA A. ORR MANDIE A. TIJERINA JAMES V. BRANNAM JAMES F. OSBORNE JOHN D. TINCHER TODD BRAUCKMILLER THOMAS J. PAFF AKEMI A. TORBERT TIGE M. BRAUN MARCELO V. PAJO EDWIND TORRESROSADO MICHELLE L. BRIDEGROOM MICHAEL A. PANARO III MARK E. TOWNSEND ANTWAN D. BROWN JIN W. PARK ROBERT L. TRENT DAVID W. BROWN BRIAN L. PARKER JAMES E. TRIMBLE, JR. KIRK O. BROWN GABRIEL R. PARSLEY JASON G. TULLIUS JARED L. BUCHANAN WILLIAM W. PARSONS JOHN E. TURNER, JR. FRANKLIN J. BUKOSKI SEAN E. PASSMORE NALONIE J. TYRRELL JAMES R. BURKES STEVEN M. PAULK JAMES R. ULL DEVIN D. BURNS ALEXIS A. PEAKE NICOLE E. USSERY TARA A. BURNS RAYMOND V. PEMBERTON NATALIE E. VANATTA RONALD S. BURNSIDE HERIBERTO PEREZRIVERA ELLIE M. VANCE GREGORY A. BUTLER DANDRELL A. PERNELL GABRIEL V. VARGAS SAMUETTA L. BUTLER WILLIAM M. PETULLO TREVOR E. VOECKS CHRISTOPHER C. BYNES DAVID A. PHEASANT JANEL D. VOTH FAY C. CAMERON THOMAS D. PIKE KAIWAN T. WALKER FRANK M. CAMPANA CHAD M. PILLAI NEIL R. WALKER MARK S. CAMPBELL HANS H. PINTO TIMOTHY J. WALKER ZAKEIBA CAMPBELL DALE L. PITTMAN DANIEL S. WALL CHRISTOPHER L. CAMPHOR PETER N. PLANTE JONATHAN B. WARR ERIC M. CANADAY DANIEL J. POOLE JEFFREY L. WASHINGTON WILLIAM H. CARROLL EDWARD L. POWELL LEE L. WASHINGTON STEPHANIE A. CARTER LEIF H. PURCELL TERRI N. WEBB SHEILA Y. CASIANO SUKHDEV S. PUREWAL DAVID B. WEBER CHRISTOPHER L. CENTER PHILLIP RADZIKOWSKI HANS J. WEBER ANTHONY F. CERELLA SIEGFRIED T. RAMIL SEAN D. WEEKS MARCOS A. CERVANTES MATTHEW B. RAPP DAVID I. WEST THOMAS W. CHANDLER III ALEXANDER P. RASMUSSEN ADAM H. WHITE CHRISTOPHER G. CHAPMAN DAVID C. REDMAN PAUL R. WHITE, JR. DOMINIQUE R. CHATTERS NATHAN T. REED CARLA K. WHITLOCK FREDDY D. CHICAIZA THOMAS R. RENNER TODD D. WICKARD GEORGE W. CHILDS III LEROY REYNOLDS, JR. JASON E. WILLIAMS TRENT L. CHRISTIAN MATTHEW O. REYNOLDS LINCOLN F. WILLIAMS BATINA B. CHURCH JEREMY M. RIEHL MICHAEL M. WINN VICTOR J. CINTRONVELEZ JAMES R. RIGBY ALVIN WORD IV NATASHA S. CLARKE JOHN P. RINGQUIST STEPHEN F. WRIGHT JOHN D. CLEMONS GARNER L. RIVARD STEVEN P. WRIGHT TORRANCE G. CLEVELAND RYAN M. ROBERTS D060503 CATRINA J. COLE SAMUEL M. ROBISON D070118 JASON A. COLE MARIA G. ROBLES D070674 JAMES I. COLLAZO OCASIO J. RODRIGUEZ D070170 BRANTLEY J. COMBS ADALBERTO RODRIGUEZOLIVERA D070215 LINDSEY F. CONDRY BRIAN E. ROEHL D060680 BRENT E. CONNER NORKA I. ROJAS D060808 NICHOLE L. CONSIGLIO SHANE A. ROPPOLI D070424 LAKICIA R. COOKE MATTHEW S. ROSS D070788 JOHN E. COOPER HEATHER I. ROSZKOWSKI D060301 MARK R. CORN JOHN R. ROUSE X1312 BRIAN D. COSTA ROBERT RUBIANO X1242 SEALS T. COVINGTON VICTOR H. RUIZ X1381 MATTHEW D. COX BENJAMIN A. RUSCHELL TRESA A. CRADDOLPH JEREMY L. RUTLEDGE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS U. CRARY III ELIZABETH A. RYSER TO THE GRADE INDICATED IN THE UNITED STATES ARMY JEFF CRAWFORD STEPHEN SAMS UNDER TITLE 10, U.S.C., SECTION 624: JAMES E. CREWS II LIZETTE SANABRIAGRAJALES To be major BOBBY W. CROCKER JESSE L. SANDEFER JAMES L. CROCKER ARPINEE SARKISIAN ALLEN D. ACOSTA RONNIE C. CROSBY NATHAN C. SAUL MICHELLE M. AGPALZA MALENM CRUZSEGARRA CLIFTON D. SCHMITT CHRISTOPHER R. AKER JOHN M. CULLEN, JR. AARON P. SCHWAIGER MATTHEW H. ALEXANDER CLIVE A. CUMMINGS KEVIN A. SCOTT JAMES J. ALLISON JENNIFER L. CUMMINGS IAN P. SEIN ANGEL A. ALVARADO DAMIAN R. CUNNINGHAM BENJAMIN K. SELZER DOMINIC L. AMANTIAD WADE R. CUNNINGHAM ROBERT J. SHADOWENS CHRISTOPHER J. ANDERSON MICHAEL J. CUPP BENJAMIN J. SHAHA ERIC W. ANDERSON JAMES S. CUSTIS, JR. STEPHEN J. SHANKLE JOEL B. ANDERSON SHERMOAN L. DAIYAAN RICHARD N. SHEFFIELD REGINALD J. ANDERSON CRAIG A. DANIEL ELIZABETH M. SHERR SEVERT A. ANDERSON IV GREGORY S. DARLING CHRISTOPHER D. SIEVERS PATRICK I. ANDING KYLE D. DAVIDSON CHARLIE SILVA JAMES M. ANTHONY JILL S. DAVIS CRAYTON E. SIMMONS JOSEPH A. ANTHONY MICHAEL A. DAVIS RICHARD B. SIMPSON SCOTT C. APLING REGINALD L. DAVIS PETER T. SINCLAIR II CORY D. ARMSTEAD LARRY R. DEAN ELDRIDGE R. SINGLETON THERESA L. ARMSTRONG JUSTIN L. DEARMOND STEPHEN T. SKELLS CHARLES L. ARNOLD MICHAEL A. DELAUGHTER JASON A. SLUTSKY CLARENCE L. ARRINGTON ERICH O. DELAVEGA BENJAMIN M. SMITH BRYAN A. ASH MICHAEL S. DELBORRELL DIONNE M. SMITH BRANDON J. BAER EDWARD T. DELNERO JOHN A. SMITH CHRISTOPHER R. BAILEY JONATHAN L. DELOACH NIKKI N. SMITH KATRESHA M. BAILEY FABIENNE DENNERY JARED W. SNAWDER MICHAEL L. BAILEY JAMAL C. DESAUSSURE JOHN M. SNYDER SCOTT A. BAILEY JAMIE L. DEVUYST RICHARD J. SONNENFELD CHRISTOPHER W. BAKER JOHN D. DIGGS DAVID SOTOMAYOR ROBERT J. BAKER HOWARD R. DONALDSON PATRICK L. SOULE JASON A. BALLARD AMY E. DOWNING JOHN M. SOVA CARL E. BALLINGER RODLIN D. DOYLE

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STEVEN M. DUBUC JEET H. KAJI JEREMIAH S. OCONNOR NELSON E. DUCKSON JAMES A. KASSLER SANTOSHIA S. OGGS WALTER H. DUNN III GREGORY T. KEETON JAMES U. OKEKE TIMOTHY P. DUNNIGAN KEVIN K. KELLER ANGEL R. ORTIZMEDINA BONNY C. DYLEWSKI BRATCHA J. KELLUM MICHAEL L. OSMON CHARLES D. ECKSTROM DAVID A. KELLY THOMAS D. PANGBORN JASON A. ELBERG JENNIFER D. KEMP WILLIAM J. PARKER III ROBERT W. ELLIS PATRICK L. KENDRICK SCOTT A. PARLOW JACQUELINE S. ESCOBAR ALI A. KHANHERNANDEZ AMITABH PARSHAD GILBERTO ESCOBEDO MATTHEW J. KIGER TERRELL D. PASLEY JESUS M. ESTRADA ROBERT J. KILMER MELONY M. PATEARNOLD RAY L. FAILS, JR. GRACE H. KIM BRIAN M. PATNODE BRIAN M. FALCASANTOS PATRICK L. KNIGHT THOMAS J. PATTERSON III CLAXTON T. FALLEN JULIA M. KOBISKA TERESSA PEARSON PATRICK D. FARRELL MATTHEW E. KOPP CHAD A. PEDIGO DALE A. FATER JASON W. KULAKOWSKI FRANCISCO PENA SCOTT W. FAWCETT JOSEPH D. KURTZWEIL GERALDO A. PERALTA MARIAN W. FEIST EVERETT LACROIX FELIPE PEREZ, JR. ANGEL S. FIGUEROA INDERA Z. LALBACHAN ROLANDO PEREZCRUZ WILFREDO FIGUEROA, JR. CHAN D. LAM MILTON PEREZMATOS DANIEL A. FISHBACK DANIEL A. LANCASTER NERINE M. PETE RONALD H. FITCH JAMICA L. LANGLEY THEODORE J. PETERS DENNIS A. FITZGERALD JOSEPH R. LANGLOIS II BRIAN P. PHILLIPS CARLITO O. FLORES JOHN W. LANKFORD, JR. TERRY A. PHILLIPS KAREN E. FLUCK LARRY A. LARA ADAM J. POINTS TRAVIS S. FOLEY ANALISA M. LARKIN JAMES A. POLAK JOHN A. FORSYTH RENANTE L. LASALA CORNELIUS J. POPE COLETTE N. FOSTER TERRANCE R. LATSON JEREMIAH D. POPE PENNIE M. FOY RONALD D. LAWSON JOHN C. POWE SCOTT A. FRANCIS ANTHONY L. LEACH ANTONIO V. PRESSLEY TAMMY L. FRANCISCO MICHAEL J. LEE PHOEBE E. PRICE CRAIG E. FRANK MOSES J. LEE SCOTT M. PRICE JASON T. FUOCO TOR A. LENOIR ROSIE L. PRICEMONTGOMERY ERIC M. GADDIS WAYNE L. LEONE LAKETHA D. PRIOLEAU CLARK M. GALLETTA JEFFERY T. LEWIS ROBERT A. PROCHNOW, JR. RYAN B. GALLION JOHN J. LIANG GABRIEL W. PRYOR DEANDRE L. GARNER MICHAEL P. LILES SCOTT P. PUCKETT TREVOR L. GARRETT JAMES A. LINDH II EDGARDO A. PUENTE CHRISTOPHER J. GARVIN STACY T. LIVELY CLAIRE E. PULLEN NORMAN K. GARVIN JOHN F. LOPES ELIZABETH S. PURA JAMES E. GEE CAROL E. LOWE DAVID QUINTANA, JR. JOSHUA S. GINN SHANE F. LUCKER JENNIFER L. RADER JOEL P. GLEASON GAVIN O. LUHER DOUGLAS N. RALPH ABIGAIL R. GLOVER RANDALL A. LUMMER STEPHEN D. RAMELLA DAVID L. GODFREY, JR. BRIAN D. LUNDELL JONATHAN P. RAMIREZ JOHN R. GOLDSWORTHY REBEKAH S. LUST ROSA RAMIREZ ROBERTO GOMEZ ANDREW J. LYNCH DANIEL O. RAMOS MELISSA N. GONTZ TOBY R. MACKALL MELISSA A. RAMSEY ALEXANDER J. GONZALES LUWANA L. MADISON SHERDRICK S. RANKIN JEFF E. GORNOWICZ MICHAEL R. MAI MICHAEL S. RASCO JEREMY C. GOTTSHALL DEBBIE Y. MANN WILLIS D. RAWLS THOMAS E. GOYETTE RICHARD J. MARSDEN WILLIAM A. REKER JACOB GRABIA ODALIS A. MARTE TIMOTHY M. RENAHAN ANGEL M. GRAULAU SARAI S. MARTIN BAYARDO REYES ROCHESTER GREEN II ALINA C. MARTINEZ THURMAN C. REYNOLDS WILLIAM J. GREGORY PAUL A. MARTINEZ WENDELL V. RHODES ADAM W. GREIN JUAN C. MARTINEZBERNARD CURTIS T. RHYMER WILLIAM J. GRIFFIN DANIEL S. MAY JOHN C. RIDER JEREMY A. GROOVER CARNELL L. MAYNARD JOHN V. RIOS ROSE A. GUERRERO JOHN T. MCCONNELL, JR. JASON A. RISSLER DAVID G. GUIDA JEFFREY D. MCCOY LUIS R. RIVERA CHRISTOPHER M. GUILLORY ROY W. MCDANIEL ANGELICA M. RIVERADIAZ DION HALL NATHAN G. MCDOUGLE PATRICK O. ROBERT CHRISTOPHER P. HAMMAN JAMES M. MCGEE HASKELL S. ROBERTS THOR K. HANSON MARLO S. MCGINNIS MAROCCO V. ROBERTS MEREDITH R. HARRIS JOHN W. MCGRADY CHRISTOPHER W. ROBERTSON MICHAEL J. HARRIS KENNETH W. MCGRAW RACINE W. ROBERTSON TRAVIS HARRIS VINITA E. MCKOY SEQUANA A. ROBINSON HEATH R. HAWKES BARRY J. MCMANUS ROBERT K. ROC THOMAS J. HEILMAN MICHAEL L. MCMASTER MCKEAL L. RODGERS CYNTHIA P. HENDERSON JEANETTE E. MEDINA ERIC R. RODINO JEFF L. HENDRICKS LARUE J. MEEHAN, JR. ANDREA E. ROGERS DANIEL P. HENZIE DERRICK D. MELTON ANTHONY B. ROGERS JON A. HERMESCH CAREY W. MENIFEE CHARLES J. ROOSA JOSE HERNANDEZ LUIS A. MENJIVAR ARTURO ROQUE UCHE T. HEYWARD JOSEPH V. MESSINA JOSEPH L. ROSZKOWSKI TIMOTHY R. HICKMAN JASON MIGLIORE ROBERT J. ROWE TONI M. HILL JADE P. MILLER WANDA A. ROWLEY MATTHEW R. HINTZ ROY N. MILLER CHARLES J. ROZEK RACHAEL M. HOAGLAND MICHAEL L. MILLIRON JOHN M. RUTHS NORMAN B. HODGES IV RICHARD P. MILLOY SHAUN M. SALMON DEREK W. HOFFMAN JOHN D. MITCHEL JUAN R. SANTIAGO, JR. KENNETH A. HOISINGTON TOMMY MITCHEL ROY M. SARAVIA CASEY J. HOLLER ELZIE MITCHELL SCOTT A. SCHMIDT ROY K. HORIKAWA RAFAEL O. MOLINA, JR. JASON W. SCHULTZ CHRISTOPHER M. HORTON THOMAS R. MONAGHAN, JR. SHAWN C. SCHULZE MARK B. HOWELL HENRY T. MONCURE II CLARISSE SCOTT PAUL C. HUBBARD GREGORY MONTGOMERY JEFFREY J. SCOTT DAVID J. HUDAK STEVEN L. MOON SHAWN M. SEFFERNICK LAGLENDA R. HUDSON JOHN P. MOORE TRAVIS L. SEPT JOEL A. HUFT PETER J. MOORE DERRICK N. SHAW EVETTE C. HUNTER SABRINA D. MOORE MICHAEL L. SHAW PHILLIP H. HUNTER JIMENEZ A. MORA JEFF A. SHEARIN SCOTT R. HUSTON JOHANNA P. MORA KEVIN P. SHILLEY MICAH R. HUTCHINS MICHAEL B. MORELLA ALPHONSO SIMMONS, JR. DOUGLAS A. INGOLD SAMUEL W. MORGAN III DONNA S. SIMS FENICIA L. JACKSON EDWARD S. MORRIS MARNY SKINDRUD IRVIN W. JACKSON JOHN E. MORRISON DENNIS J. SLEVA THOMAS D. JAGIELSKI MICHAEL D. MORRISON QUINTINA V. SMILEY DAVID L. JAMES DAVID B. MOSER JEFFREY A. SMITH JOSEPH C. JAMES NICHOLAS C. MOSES KEVIN L. SMITH ANGELINA H. JEFFERSON KYLE A. MOULTON PAUL R. SMITH ANDRE J. JOHNSON DONYEILL A. MOZER SONYA B. SMITH NATHAN P. JOHNSON SHAWN P. MUDER WILLIAM T. SMITH SCOTT R. JOHNSON JESSICA L. MURNOCK CALINA M. SNYDER APRIL M. JONES BARRY MURRAY EDGARDO SOSTRE BARBARA M. JONES AIMEE C. MYRICK CESAR SOTORAMOS BRIAN K. JONES ANNETTE L. NEAL LAVERNE O. STANLEY CHRISTOPHER S. JONES CHRISTOPHER M. NEAL ROSHUN A. STEELE CRAIG JONES NEAL M. NELSON GEORGE C. STEPHAN IV DAVID A. JONES JOHN NEMO HOSIE STEPHENS III LEANGELA D. JONES ROBERT W. NEWSOM IV KYLE L. STEVENS MATTHEW S. JONES PATRICE R. NICHOLS KELLY M. STEWART RANDY F. JONES PETER D. NIENHAUS CECIL D. STINNIE TYNISA L. JONES MATTHEW P. NISCHWITZ WILLIAM D. STOGNER SAMUEL J. JUNGMAN RYAN P. NOBIS RICKY T. STORM JOVEN KABRICK RYAN E. OCAMPO ROSIER E. STRIMEL III

VerDate Nov 24 2008 03:55 Jun 18, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 9801 E:\CR\FM\A17JN6.025 S17JNPT1 wwoods2 on PRODPC68 with SENATE June 17, 2009 CONGRESSIONAL RECORD — SENATE S6749 RICHARD M. STRONG KYLE B. WEAVER To be captain CHRISTOPHER R. STRUNK MOLLY J. WEAVER BROOKE A. STULL BRADLEY J. WEIGANDT STEPHEN W. PAULETTE RICHARD A. STURDEVANT MARK R. WEINSCHREIDER COURTNEY M. SUGAI CHRISTOPHER E. WELD To be lieutenant commander ALFRED D. SULLIVAN III JONATHAN G. WESTFIELD MICHAEL J. BARRETT TERRENCE J. SULLIVAN BRETT C. WHEELER KONAH B. DENNY DAVID W. SZYMKE THOMAS J. WHIPPLE JOEL D. DULAIGH CHRISTINE M. TAKATS BRIAN A. WHITE TALAT M. NAZIR WILLIAM C. TALBERT DANIEL L. WHITE ALAN E. SIEGEL JOSEPH E. TAYLOR ORAL E. WHITE STACY A. TAYLOR OSHEA J. WHITE TYRON P. TAYLOR MATTHEW P. WHITEMAN f REGINA I. TELLADO KELLY B. WHITLOW GIANA W. THOMAS ALANA R. WHITNEY JANET L. THOMAS GARY D. WHITTACRE CONFIRMATION RYAN B. TINCH BARRY L. WILLIAMS LOREN D. TODD JAMAL T. WILLIAMS Executive nomination confirmed by KEITH D. TOLER LATORRIS E. WILLIAMS PAUL A. TOMCIK TERRENCE D. WILLIAMS the Senate, Wednesday, June 17, 2009: MARK S. TOMLINSON THEODORE V. WILLIAMS DEPARTMENT OF THE INTERIOR CHRISTY L. TORIBIO JERRY D. WILLIS EDMUND A. TORRACA GORDON P. WOODINGTON HILARY CHANDLER TOMPKINS, OF NEW MEXICO, TO BE ISAAC M. TORRES COREY D. WOODS SOLICITOR OF THE DEPARTMENT OF THE INTERIOR. GLIDDEN J. TORRESESTELA DELIAH M. WOODS THE ABOVE NOMINATION WAS APPROVED SUBJECT TO JACQUELINE J. TORRESHARVEY JAMES D. WOODS THE NOMINEE’S COMMITMENT TO RESPOND TO RE- CARITA K. TOWNS JOHNNY A. WOODS QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY NATHAN A. TRUSSONI FRANK E. WORLEY CONSTITUTED COMMITTEE OF THE SENATE. DELORIS A. TURNER SCOTT F. WYATT NOBLE TURNER, JR. ANDRE M. YEE f BRIAN A. ULLOA ALICE P. YOUNG JOHN F. VANN ANDREW P. YOUNG GERALD D. VAUGHN CHRISTINE R. YOUNGQUIST WITHDRAWAL THOMAS A. VELAZQUEZ II ANDRES R. ZAMBRANA ELKE VELEZ BROCK A. ZIMMERMAN Executive Message transmitted by BRADLEY S. WAITE TERRY E. ZOCH COMANECI WALKER D070118 the President to the Senate on June 17, JEFFREY I. WALKER D070136 2009 withdrawing from further Senate BRANDON K. WALLACE D070886 LUELLA WALLACE D070920 consideration the following nomina- KEVIN J. WARD D060270 tion: AMANDA A. WARREN IN THE NAVY DOUGLAS R. WARREN, JR. DONALD MICHAEL REMY, OF VIRGINIA, TO BE GENERAL JESSICA R. WASHINGTON THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- COUNSEL OF THE DEPARTMENT OF THE ARMY, VICE ANDRE D. WATSONCONNELL MENT TO THE GRADES INDICATED IN THE REGULAR BENEDICT S. COHEN, RESIGNED, WHICH WAS SENT TO THERESA G. WATT NAVY UNDER TITLE 10, U.S.C., SECTION 531: THE SENATE ON APRIL 20, 2009.

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