27580 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 SENATE—Monday, November 9, 2009

The Senate met at 2 p.m. and was FORT HOOD SHOOTING attacks. A 21-year-old from outside called to order by the Honorable MARK Mr. REID. Mr. President, our Nation Chicago enlisted in the Army to help R. WARNER, a Senator from the Com- mourns every death of an American him afford college, where he dreamed monwealth of Virginia. servicemember. We grieve alongside of an education studying music. A 22- the families who sacrifice so much year-old specialist from Oklahoma had PRAYER while their loved ones serve and hurt been married for just 2 months. A 21- The Chaplain, Dr. Barry C. Black, of- even more when loved ones give the ul- year-old private first class from Chi- fered the following prayer: timate sacrifice. cago was 3 months pregnant. A 55-year- Let us pray. I can remember the many calls I have old lieutenant colonel was the grand- Eternal Lord God, Creator and Sus- made to Nevadans as a result of the mother to six. A 52-year-old major tainer of humanity, as we continue to deaths of their loved ones in Iraq and spoke very little English when he came try to understand the tragedy at Fort Afghanistan. They are difficult calls to to this country from Mexico in his Hood, our hearts ache for the victims, make when that Nevadan does not teens, but he earned a Ph.D. in psy- so we turn toward You, our source of come home. chology, became a teacher, and ulti- hope. We find solace in knowing that I remember the first call. A young mately chose to serve his country in even when right seems defeated, it will man, a star athlete in high school, was the military. And Kimberly Munley, a ultimately triumph over evil that killed. I spoke with his coach, his woman who was shot several times. seems to have won. friend who took care of him. That was Kimberly was a sergeant and a civilian Bless this land we love with a right- the first. I remember the last, just a police officer. She took down the al- eousness that provides a shield for our couple of days ago, a death in Afghani- leged shooter with her pistol, even as Nation, saving us from regrets and stan. she suffered wounds of her own from shame. Remind us that America’s We are especially heartbroken by last the gunman. Yes, Fort Hood is home to greatness resides in its goodness, for week’s tragedy that occurred deep in truly remarkable, selfless Americans. sin is a reproach to any people. the heart of Texas. The entire Senate Our Nation misses those who were Today, enable our lawmakers to be sends its deepest condolences to those murdered, and our thoughts are with examples of the integrity and goodness who have lost mothers and fathers, those who are now healing as a result that bring stability and security, as sons and daughters, husbands and of having been wounded in that sense- You imbue their minds with Your vi- wives at Fort Hood. Our thoughts are less crime. The appropriate officials sion of what we can become when we with the troops who have lost their both inside and outside the Army will seek first to do Your will. friends and fellow soldiers and those continue to investigate how such a We pray in Your loving Name. Amen. who continue to heal as I speak. These tragedy occurred. The Senate will sup- f men and women died in the Soldier port them in every way we can. PLEDGE OF ALLEGIANCE Readiness Processing Center. This is In the meantime, one of the ways we supposed to be the last place our troops can support the brave Americans who The Honorable MARK R. WARNER led go before they are deployed, in this in- volunteer for duty is to give them the the Pledge of Allegiance, as follows: stance to Afghanistan and Iraq. No one resources they need when they come I pledge allegiance to the Flag of the home. We are trying to move forward United States of America, and to the Repub- ever suspects it will be the last place lic for which it stands, one nation under God, they would ever go. on a package of bills that will make indivisible, with liberty and justice for all. As we mourn, we honor the lives of wounded veterans’ lives a little easier. those who died on that base. We hope Sadly, these bills are being f for the full and speedy recovery of inexplicably held up by the minority. APPOINTMENT OF ACTING those who have been injured, and we We have a number of very important PRESIDENT PRO TEMPORE are thankful for the men and women bills that have been reported out of the The PRESIDING OFFICER. The who came to the aid of the wounded Veterans’ Committee, and we have not clerk will please read a communication and exhibited the kind of heroism that been able to move forward on them. to the Senate from the President pro makes our Armed Forces the best in Among other things, these bills will tempore (Mr. BYRD). the world. And, of course, we are espe- help veterans to get access to the care- The legislative clerk read the fol- cially grateful to Kimberly Munley, givers they need for even the smallest lowing letter: who stopped the gunman. task they cannot handle on their own. U.S. SENATE, The 13 who died at Fort Hood were These bills will support veterans’ men- PRESIDENT PRO TEMPORE, from 11 different States, States that tal health services and other health Washington, DC, November 9, 2009. border the Atlantic, the Pacific, and benefits, and they will make sure our To the Senate: the Great Lakes, States high in the veterans do not have to live on the Under the provisions of rule I, paragraph 3, Rockies and in the Great Plains. These streets. of the Standing Rules of the Senate, I hereby public servants ranged in rank from Right now, a Republican Senator is appoint the Honorable MARK R. WARNER, a Senator from the Commonwealth of Vir- private to colonel and even included an singlehandedly standing in the way of ginia, to perform the duties of the Chair. Army civilian. The oldest was a hus- these bills. Under the rules of the Sen- ROBERT C. BYRD, band, a father, and a grandfather from ate, that is what he decided to do, but President pro tempore. Spokane, WA. He was a civilian, a phy- that doesn’t make it right. I hope he Mr. WARNER thereupon assumed the sician assistant who worked in rural will drop his objection so we can put chair as Acting President pro tempore. clinics and veterans hospitals. He was 4 our veterans’ health ahead of whatever f years away from his retirement. The issues he is concerned about. The same youngest was just barely 19 years old, a Senator did this for months on a num- RECOGNITION OF THE MAJORITY private first class from northern Utah, ber of very important environmental LEADER who was just months away from de- bills, some lands bills. In that instance, The ACTING PRESIDENT pro tem- ploying to Afghanistan. A 29-year-old we gathered all the bills together and pore. The majority leader is recog- sergeant from Wisconsin joined her Na- put them into one bill and on a bipar- nized. tion’s military after the September 11 tisan basis got them out of here. We

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

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27581 have done the same with these vet- HOUSE-PASSED HEALTH CARE Twenty years have passed since we were given this incredible gift of freedom. But erans bills. Mr. MCCONNELL. Mr. President, last there is still nothing that inspires me more, These are extremely important, pop- Saturday evening, Democratic leaders ular pieces of legislation, and we are nothing that spurs me on more, nothing that in the House passed by the narrowest of fills me more with positive feelings than the going to move forward on these as margins a massive bill with a simple power of freedom. quickly as we can. It would be nice if goal: to vastly expand the Federal Gov- Chancellor Merkel also spoke very we could do them before Veterans Day, ernment’s role in the health care deci- graciously of her gratitude, of Ger- which is the day after tomorrow. I also sions of every American. This bill is many’s gratitude to America. ‘‘I know, look forward to moving ahead the Mili- strongly opposed by most Americans, we Germans know,’’ she said, ‘‘how tary Construction-Veterans Affairs ap- which is why one out of seven Demo- much we owe to you, our American propriations that will fund housing for crats voted against it. These Demo- friends.’’ She recalls President Ken- our military families, improve our crats have gotten the message that nedy’s trip to Berlin shortly after the bases, and support veterans programs. Americans are fed up with all the construction of the Berlin Wall when Tomorrow morning when the Senate spending and all the debt and that they he declared his solidarity with the peo- convenes, we will have a moment of si- do not support a so-called health care ple of Germany with his famous words: lence to honor the fallen at Fort Hood. reform that raises premiums, raises ‘‘Ich Bin ein Berliner.’’ And she re- I encourage all Senators to come to the taxes, and slashes Medicare. Americans called President Reagan’s 1987 trip to Senate at the time the Senate opens don’t want a 2,000-page, trillion-dollar Berlin when he made a clear and direct tomorrow for this most important government experiment in health care. appeal to the Soviet Premier for open- time. They want commonsense reforms that ness with the equally famous words I have spoken with the Republican increase access and lower costs. ‘‘Tear down this wall.’’ leader today. He is going to be as help- Soon, Senate Democrats will propose Freedom has its own imperatives. It ful as possible in making sure we move their version of a health care bill. We demanded that the Berlin Wall come forward on this Military Construction- don’t yet know all the details, but we down, and 20 years ago it did. It was a Veterans Affairs appropriations bill at do know that at its core, this bill remarkable time. After decades of op- the earliest possible time. I hope we would also lead to higher premiums, pression, which the United States met can do it tomorrow. higher taxes, and massive cuts to Medi- with a sustained strategy of contain- f care to fund new government pro- ment, the world witnessed the rel- grams. This is not the reform the SCHEDULE atively peaceful liberation of a con- American people were looking for. This tinent. But for most of us, the most re- Mr. REID. Mr. President, following is not the reform they were told they markable moment from those days was leader remarks, the Senate will be in a could expect. the moment we saw one of the most po- Americans feel as though they have period for the transaction of morning tent symbols of the Communist era, been taken for a ride in this debate. I business until 3 o’clock this afternoon, the Berlin Wall, come down, piece by don’t blame them. It is time we listen with Senators permitted to speak for piece. We celebrate this great anniver- to the American people. At a time of up 10 minutes each. sary with all the free peoples of the double-digit unemployment and record Following morning business, the Sen- world, mindful of those who still yearn deficits and debt, the views of ordinary ate will resume consideration of H.R. for the same freedom Chancellor Americans should not be cast aside. 3082, the bill I just talked about, Mili- Merkel dreamed of as a young girl. tary Construction. Senators are en- f May they all know the freedom that is couraged to come to the floor to offer 20TH ANNIVERSARY OF THE FALL the birthright of every man and every their amendments to this legislation. OF THE BERLIN WALL woman. At 4:30 p.m. today, the Senate will Mr. President, I yield the floor. turn to executive session to consider Mr. MCCONNELL. Mr. President, the nomination of Andre Davis to be today marks a very important day in f U.S. circuit judge for the Fourth Cir- the cause of freedom. On this day 20 RESERVATION OF LEADER TIME years ago, the Berlin Wall, which for cuit, with the time until 5:30 p.m. The ACTING PRESIDENT pro tem- equally divided and controlled between decades had divided the free people of West Berlin from the captive Germans pore. Under the previous order, the Senator LEAHY and Senator SESSIONS leadership time is reserved. or their designees. At 5:30 p.m. today, in the Soviet-controlled East Berlin, fi- the Senate will proceed to a rollcall nally came down. f In anticipation of this anniversary, vote on confirmation of the nomina- MORNING BUSINESS we had the rare honor last Tuesday of tion. We are also working on an agree- hearing German Chancellor Angela The ACTING PRESIDENT pro tem- ment to work on other nominations, in Merkel address a joint meeting of Con- pore. There will be a period of morning fact, one following the 5:30 p.m. vote. gress. She was the first German Chan- business until 3 p.m. with Senators per- We hope that can be worked out. Sen- cellor to do so in more than 50 years. mitted to speak therein for up to 10 ators will be notified if and when any Chancellor Merkel spoke about the ex- minutes each. agreement is reached. perience of growing up with millions of The Senator from Connecticut. f others behind the Iron Curtain. She f spoke of how it was impossible for her- RECOGNITION OF THE MINORITY VETERANS DAY LEADER self and anyone else she knew to travel to America. Yet even as a child she Mr. DODD. Mr. President, before the The ACTING PRESIDENT pro tem- knew that tyranny was wrong and that Republican leader leaves the floor, let pore. The Republican leader is recog- the answer to tyranny could be found me thank him for his comments about nized. across the ocean in America. the Berlin Wall, which are very appro- f Now decades later, Chancellor priate. I still have on my desk in my Merkel’s country has gained that free- office in the Capitol a large piece of FORT HOOD SHOOTING dom, and a little girl who grew up stone from the Berlin Wall. I was there Mr. MCCONNELL. Mr. President, I under a repressive regime is the freely a few weeks after the wall came down. associate myself with the remarks of elected leader of a united Germany. It took a long time for it to come the majority leader with respect to the Here is what Chancellor Merkel had to down. The symbol of that I look at shooting, the murdering of our troops say about what made that extraor- every single day as a reminder of what in Fort Hood last Thursday. I will have dinary journey possible. She said just all of us knew for so many years; that more to say about that later. last week: is, there is something terribly wrong

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27582 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 about a system that creates a wall to we cannot see. Some of them will come ors, airmen, marines and coastguards- keep in its people. home to find that the home they once men. I certainly know I am not alone So I appreciate the comments on the knew is gone, and they will need a tre- in my pride in our talented and dedi- 20th anniversary, and I think it is ap- mendous amount of our help and sup- cated military. I hope the troops who propriate to recognize the great port to get back on their feet. All of are away from home this Veterans achievement that occurred 20 years ago them, of course, Mr. President, deserve Day, those who have returned, and the when that wall did come down, much our gratitude. All of them need our families who have helped carry their to the surprise of many that something support, and all of them deserve to burden, will know they are not alone like that could ever occur. know, as they risk their lives, that the either. We all stand with them. Today, Mr. President, I want to benefits they have earned will be there Mr. President, I yield the floor. speak, if I may, for a couple of minutes for them when they return. The ACTING PRESIDENT pro tem- and to share some brief thoughts in Although I know we all share a deep pore. The Senator from Arizona. honor of our veterans on Veterans Day. appreciation for our men and women in f It is a day, of course, to acknowledge uniform, the sad truth is that some in the sacrifice of those who have served Washington have in previous years COLLAPSE OF THE BERLIN WALL and those who have given their lives to treated veterans’ benefits as a line Mr. KYL. Mr. President, on this 20th secure the very liberty we enjoy as item like any other, subject to the po- anniversary of the Berlin Wall’s col- Americans. litical whims of the annual budget bat- lapse, I would like to say a few words Forty-three members of the U.S. tles we have. about the Cold War and the lessons we military from my home State of Con- Let’s be clear, if we can. Those bene- should take from it. necticut have made that ultimate sac- fits aren’t a gift from a generous Con- It is often said that President Ronald rifice in Iraq and Afghanistan over the gress. Those benefits are earned by our Reagan won the Cold War without fir- past several years. They are all deeply veterans, earned with sweat and blood ing a shot, and that is true. Unfortu- missed, and today our thoughts are and tireless duty. They represent the nately, the current administration with them and their families and most sacred of promises, and they are seems to have forgotten the over- friends. This Veterans Day, we feel an promises we must keep. arching lesson of President Reagan’s additional sense of loss in the wake of That is why I have always fought for legacy. the shocking slaughter at Fort Hood funding of veterans’ benefits, including Reagan’s predecessor had urged last week. Our anger and bewilderment the best health care we have to offer, Americans to abandon their inordinate at this horrific act of violence are so that when our troops incur medical fear of communism, but Reagan was matched only by the sadness of the loss costs in defense of our Nation, they do determined to infuse U.S. foreign pol- of these young, brave men and women. not have to pay them out of their own icy with a sense of moral clarity, which We keep the wounded and the families pockets. That is why I have supported had been lost during the 1970s. The of the victims in our prayers and our the post 9/11 GI bill, so that troops can Reagan administration championed the minds. continue their education, and fought to cause of democracy activists in Russia Mr. President, we are proud to be a include military families under the and Eastern Europe, and it did not shy nation with an All-Volunteer military. Family and Medical Leave Act, so the away from highlighting the Soviet No one comes to your door and tells burden of caring for a loved one doesn’t Union’s complete denial of personal you that you have been chosen to crush a family who has already sac- freedom. shoulder the burden of protecting that rificed so much. In 1982, when the United States was which we all hold dear. It is a burden We make these commitments to our mired in its worst recession since welcomed by our soldiers, sailors, air- troops in recognition of the commit- World War II, President Reagan defied men, marines, and coastguardsmen. If ment they have made to us. Today is a the pessimism of the day, and he pre- all they did was to raise their hands, day to celebrate that commitment and dicted: we would owe them a profound debt of to mark the many sacrifices it entails. gratitude. But for those who do volun- Today, we think of young men and The march of freedom and democracy which will leave Marxism-Leninism on the teer, military service isn’t just a patri- women across our Nation, just out of ash heap of history as it has left other tyr- otic obligation, it is an honor, and it is high school in many cases, sitting annies which stifle the freedom and muzzle a way of life. down with their parents to tell them the self-expression of their people. Our men and women in uniform ful- they have heard the call to serve, push- Roughly a year later, he called the fill their duties with unparalleled skill ing through the difficult days of basic Soviet Union what it so obviously was, and pride. They represent the greatest training, facing that very first deploy- an ‘‘evil empire.’’ The ‘‘evil empire’’ fighting force the world has ever ment to the battlefield. Today we speech drew criticism from many of known, but also the finest core of in- think of those families they leave be- Reagan’s domestic political opponents, fantrymen, pilots, drivers, mechanics, hind, as they pray for the safe return of and it greatly angered the Kremlin. and logistical support staff you will their loved ones. But it also galvanized Soviet dissidents find anywhere in any enterprise. If you Today we will all think of those who who were encouraged that a U.S. Presi- visit with our troops, you meet all have come home draped in the flag dent had been bold enough to denounce kinds of men and women: first genera- they have sacrificed their lives to de- the moral bankruptcy of communism. tion Americans, those with a long fam- fend, and those whose lives have been One particular Soviet dissident, ily history of service, members of forever changed by the injuries they Natan Sharansky, found Reagan’s every race, religion, and, yes, even have suffered in defense of our liberties speech deeply inspiring. Sharansky gays and lesbians serve as well, as we and freedoms. These are our sons and read about it in the pages of Pravda, all know. Most of them seem impos- daughters, our fathers and mothers. the Soviet propaganda newspaper, sibly young to me. All of them are un- They are neighbors of ours and friends while he was imprisoned in a gulag mistakably proud to be serving the and colleagues. They are truly our fel- prison camp on the Siberian border. United States of America. low heroes. Years later, Sharansky described his Some of them will come home to a Today we thank them for their serv- reaction to the speech and the reaction hero’s welcome, applauded at the air- ice, we mark their sacrifice, we take of his fellow prisoners: ports and greeted by the warm embrace pride in their remarkable courage, and of children who seem to have grown a Tapping on walls, word of Reagan’s provo- we reaffirm our commitment to keep- cation quickly spread throughout the prison. foot while their mother or father was ing the promise we made when they We dissidents were ecstatic. Finally, the overseas. Some will come home with raised their hands and volunteered. leader of the free world had spoken the wounds that will require a lifetime of Mr. President, I know I am not alone truth—a truth that burned inside the heart recovery; sometimes they are wounds in my gratitude for our soldiers, sail- of each and every one of us.

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27583 Mr. President, this past June, when surgery at a Veterans Hospital, after the Senate works—one Senator. This prodemocracy rallies broke out in Iran he was home, had a serious complica- Senator’s objection has held up this following a fraudulent election, I hoped tion—a denial of oxygen to his brain— bill and held up our effort to provide a the current administration would fol- and he has become a quadriplegic. helping hand to these veterans care- low President Reagan’s example of Yuriy has no family, but he had a de- givers. I would say to that Senator or American leadership and offer strong voted and loving young woman in his any Senator, if you object to it, vote support for the Iranians who took to life—Aimee. After he faced quadri- against it. If you want to offer an the streets and risked their lives to op- plegia, Aimee said she wanted to marry amendment, offer an amendment. But pose a tyrannical regime. But the him. So Aimee married Yuriy during for the thousands of people who give President’s statement at the time, ex- his struggle with this health issue and this care, who sacrifice so much each pressing ‘‘deep concerns about the elec- now has given her life to him every day for these veterans who gave our tion,’’ lacked the moral fortitude the day, every minute, every hour. She is a country so much, we owe them a vote. world has come to expect from Amer- caregiver who is there for her husband, I hope this week, even this short week ica, the world’s standard bearer of free- a veteran. before Veterans Day, we can move this dom and democracy. Mr. President, repeat that story 6,800 bill for veterans caregivers across New antigovernment protests began times, and you will find husbands and America, to give them a helping hand. last week to mark the 30th anniversary wives, parents, brothers and sisters, f of the 1979 takeover of the U.S. Em- who are giving their lives every single HONORING COACH DAN CALLAHAN bassy in Tehran. Still, the White House day to disabled veterans who are at failed to use the opportunity to make home surviving because of the love and Mr. DURBIN. Mr. President, I rise the moral case for freedom over totali- concern of people like Aimee Zmysly. today to honor an outstanding person tarian oppression. In a message to the I think of Ed and Marybeth in Illinois. His name is Dan Callahan. White House, demonstrators could be Edmondson, whose son Eric was the He is the head baseball coach at South- heard chanting: ‘‘Either you’re with victim of a traumatic brain injury in ern Illinois University. I have known Dan since he was 3 years old. He is them, or you’re with us.’’ Iraq. Ed quit his job, his wife gave hers being honored by the Missouri Valley The President’s decision on how to up, and they moved in the house to Conference, receiving their ‘‘Most Cou- respond should be easy: the administra- take care of Eric and his wife and little baby. That is their life, their commit- rageous’’ award. tion should stand with democracy and As Southern Illinois’ baseball coach ment to them. use this opportunity to underline the for the last 16 years, Callahan has led moral failings of Iran’s dictatorship. I tell you these stories this week as we celebrate Veterans Day because I his team to more than 414 victories, Anthony Dolan, chief speechwriter making him the second winning-est believe these caregivers deserve some- for President Reagan, wrote in the coach in the school’s history. Clearly, thing special from us, from the Amer- Wall Street Journal today: Coach Callahan has the talent to help ican people, and from our government. Reagan spoke formally and repeatedly of his players perfect their skills as bat- That is why I picked up a bill intro- deploying against criminal regimes the one ters, pitchers and fielders. weapon they fear more than military or eco- duced by Senator Hillary Clinton that But he has also coached them on nomic sanction: The publicly spoken truth provides a helping hand for caregivers about their moral absurdity, their ontolog- some of life’s harder lessons, showing such as those I have just described. them what it means to live a life of ical weakness—their own oppressed people. It isn’t a lot, but it could make a big persistence and commitment. Moral clarity helped Ronald Reagan difference. It says we will offer them You see, 3 years ago Coach Callahan bring down Soviet totalitarianism dur- the very basics in training so that was diagnosed with a form of mela- ing the 1980s, and it can help us bring these home caregivers, these family noma, a cancer he is still battling freedom to Iran today. caregivers, know what to do—how to today. After receiving his diagnosis, The ACTING PRESIDENT pro tem- change dressings on wounds, how to ad- Callahan silently endured the rigors of pore. The Senator from Illinois. minister an intravenous formula or his treatment while continuing to f prescription, how to give an injection, coach his team. He didn’t miss a single how to move a patient from a bed to a VETERANS DAY game that season. chair and back again. When the next season rolled around, Mr. DURBIN. Mr. President, this It provides also a monthly stipend for Callahan was still battling his illness. morning, I woke up in Chicago, got them—not a lot of money but some- This time he faced more intense treat- dressed, came downstairs, met a staff- thing to help them get by because, for ment, including a surgery that would er, went off to a breakfast, out to the most of them, this is their life, this take away part of his lower jaw. airport, and then here to work in veteran they are working for every day It was only then that he went public Washington on Capitol Hill. It was a to keep alive and as comfortable and with his illness and continued to coach fairly normal day for Members of the happy as that person can be. It gives as much as his treatment would allow. Senate and Congress. We move about them 2 weeks of respite so they can While the surgery damaged Cal- and don’t think twice about restric- take off and put themselves back to- lahan’s depth perception and hearing, tions on our movement or problems gether after all of the stress and strain, he’s still leading his baseball team that we might have in getting from fiscally and mentally, of caring for this today. He may not be able to dem- place to place except for traffic, per- person they love. onstrate a fastball with the same in- haps a delayed airplane. But for 6,800 I was so glad that DANNY AKAKA, who tensity that he once had, but he has veterans, they woke up this morning in is chairman of the Senate Veterans’ certainly shown his players how to face a hospital bed at home or went from Committee, not only considered this adversity and not give an inch. that bed to a wheelchair and will stay bill but made it his own, added good Last year, cancer or no cancer, Dan in that house today and every day. things to it and reported it out of his Callahan pushed through to record his There are 6,800 seriously disabled vet- committee and brings it to the floor 400th win at SIU and 550th victory as a erans who are not in veterans hospitals where it sits on our calendar of busi- NCAA Division I head coach. or in nursing homes but at home—at ness, a bill to help veterans caregivers, This year Coach Callahan will re- home with someone who loves them some 7,000 veterans caregivers who give ceive the Missouri Valley Conference’s very much. each day to these veterans we treasure Most Courageous Award, an award that Yesterday, in Chicago, I had a press so much for their service to our coun- honors those that have demonstrated conference with a young man named try. unusual courage in the face of personal Yuriy Zmysly. Yuriy Zmysly is a vet- Sadly, this bill has been sitting on illness, adversity or tragedy. eran of both Iraq and Afghanistan, who the calendar for weeks because one Mr. President, I congratulate Coach came home, and during the course of a Senator objects to it. That is the way Callahan on this award and wish him

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27584 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 continued success in his recovery as Each of us is one diagnosis or one ill- and two daughters. Alexa, 18, is a student at well as another winning season. I sa- ness away from what Dan Callahan is the University of Illinois. Carly, 13, is in lute his wife Stacy, his wonderful facing today in his battle with eighth grade. daughters Alexa and Carly, Dan’s mom WellPoint. If these companies can turn You can buy a three-bedroom house in Carterville for about what Mr. Callahan’s six and dad, Gene and Anne Callahan, and us down for lifesaving drugs and treat- infusions of Avastin cost. For about the whole family who is joining him in ments at these critical moments, then $100,000—the price of a year’s treatment— this battle. we are entirely at their mercy. If you you can get a classic bungalow with a Now—as a man used to say in Chi- cannot shop for another health insur- screened-in front porch, a long, shaded drive- cago in his radio show—for the rest of ance company because you have a his- way and a two-bedroom cottage out back. the story. One of the reasons Dan Cal- tory of cancer or preexisting illness, The Callahans both have good jobs and lahan is alive today is because he has you are stuck. You are at the mercy of health insurance. Stacy works for a credit extraordinarily good medical care and them. union. Dan is the head baseball coach at Southern Illinois University-Carbondale. health insurance. Because of that care, Is that as good as it gets in America? Their insurance paid for minor surgery to his oncologist recommended a special This still is the only industrialized remove the little black spot from Mr. Cal- drug, a biologic drug. It is called country in the world where a person lahan’s lip. It paid for more extensive sur- Avastin. Avastin is a drug that is used can literally die for lack of health in- gery in April, when doctors removed the to treat various forms of cancer but it surance. That is what we face in this right side of his jaw trying to stop the can- has not been specifically tested for the debate about health care reform. There cer’s spread. treatment of cancer that Dan Callahan are lots of opinions. I salute the House And it paid for yet another operation in has. They tried it and it worked. It for passing the measure, sending it September, when infection forced doctors to remove the prosthetic device they had im- stopped the spread of the cancer. over here. We will hear those opinions planted to replace his missing jaw. Dan, of course, was heartened and re- expressed in the Senate in the weeks But Mr. Callahan’s insurance won’t pay for lieved, a young man with a young fam- and months to come. As I consider this Avastin. ily. Having gone through chemo- bill and what it means, I will be think- The U.S. Food and Drug Administration therapy and radiation, having faced ing about my friend, the coach at approved Avastin in 2004 to treat advanced surgery where his jaw was removed, Southern Illinois University. I watched colon cancer. Since then, it has been cleared having faced the disability and the dis- him start off as a little kid playing for breast and lung cancers. Doctors are free comfort, they found a drug. That is the baseball and he turned out to be a ter- to prescribe it for other forms of cancer. It is good news. being tried on 30 other cancers, including rific coach and, more than that, a ter- melanoma, but those uses technically are ex- The bad news is that his insurance rific person. He is well deserving of his perimental. company, WellPoint, announced they ‘‘Most Courageous’’ award. Because many experimental treatments would no longer pay for this drug. They The question now is will the Senate don’t pan out, insurance companies in Illi- decided it was an experimental drug summon the courage to change this nois and most other states do not have to and even though Dan Callahan’s system and bring fairness to the sys- cover them. The major health care bills oncologist wrote to the company and tem for the millions of Americans pending in Congress would not change that. said: It works, I can show that it across this country who run the very For the first time, they allow generic works, it stopped the spread of the can- risk of this very same challenge. versions of so-called biologic drugs like Avastin. But only after 12 years on the mar- cer, they said, no, we won’t cover it. I ask unanimous consent to have ket, twice as long as other drugs. The drug costs $13,000 a month. I need printed in the RECORD an editorial For thousands of Americans, including the not tell you that a coach at a univer- from the St. Louis Post-Dispatch Callahans, that means many newer cancer sity in southern Illinois doesn’t make which was published yesterday relating drugs are out of reach. ‘‘When they told me the kind of money that he can afford to to Dan Callahan’s case. the insurance wouldn’t cover it, I said we’ll pay for this drug. So his family and There being no objection, the mate- just pay for it ourselves,’’ Mrs. Callahan re- friends rallied and raised enough rial was ordered to be printed in the called last week. ‘‘Then they told me how much it cost.’’ money, through their own savings and RECORD, as follows: The Callahans scraped together about borrowing, to pay for two more admin- [From stltoday.com, Nov. 6, 2009] $27,000 from friends and family members— istrations of the drug. Washington Uni- COSTLY NEW DRUGS: A CRISIS FOR ONE enough to cover the cost of two treatments. versity in St. Louis decided they would FAMILY, A QUANDRY FOR U.S. They got a grant from Washington Univer- make him part of a trial on this drug (By: Editorial Board) sity to pay for four more. They are appealing as well and added another couple treat- It began with a little black spot on Dan the insurance company denial, so far without ments with this expensive drug. But Callahan’s lower lip. He didn’t think it was success. The grant expires at the end of De- December will be the last time Dan anything to worry about. His doctor thought cember. After that? Mrs. Callahan paused. Callahan will be able to receive this it was cancer. The doctor was right. It was ‘‘We don’t know what we’ll do.’’ neurotropic melanoma, a very rare—and Despite the high prices and higher hopes, drug because WellPoint, his health in- Avastin has been shown to extend cancer pa- surance company, has said that is the very serious—type of skin cancer. Even after the little black spot was successfully re- tients’ lives by only a few months. Many pa- end, no more. moved six years ago, the cancer remained. tients and oncologists say it improves qual- You might wonder how WellPoint is And grew. ity of life and shrinks tumors—or at least doing as a company. They are doing Last October, doctors at Barnes-Jewish prevents them from growing. Mr. Callahan’s very well. When it comes right down to Hospital began chemotherapy. They used a doctor said it has slowed the progression of it, it is one of the most profitable three-drug cocktail that includes Avastin, his tumor. That is no small achievement for health insurance companies in Amer- one of a new generation of anti-cancer drugs. patients with advanced cancer. But stopping ica. It has the largest membership of It works by blocking the formation of new the progression of cancer is not the same as curing it. A study published in January fol- any company in the United States. Its blood vessels that feed and nourish tumors. Until just a few years ago, that kind of lowed 53 melanoma patients who received enrollment has fallen off a little bit treatment was the stuff of science fiction. Avastin. After 18 months, 13 were alive. but it didn’t stop WellPoint from post- For patients battling advanced cancer like The company that makes Avastin, ing $730 million in profits for the last 3 Mr. Callahan, Avastin represents something Genentech, spent about $2.25 billion to de- months. as important as food or water: It is time in velop it. It spends another $1 billion a year Despite their profitability and their a vial. testing it on new cancers. Avastin has been strength in the stock market and the This is what it cost: $13,686 per treatment. a blockbuster success. It had $2.7 billion in increase in the share value, they have Mr. Callahan has received six so far. Total sales in the United States last year and more than $3.5 billion worldwide. decided they will no longer cover the price: $82,116. What’s it worth? That’s a much more difficult question. Genentech says Avastin’s price reflects its use of this drug for Dan Callahan. About 10 miles up Illinois Route 13 east of value. Another cancer drug, Erbitus, costs If this is a story that sounds as if it Carbondale, Ill.—just above Crab Orchard even more, and it hasn’t been shown to ex- involves something far away, not a Lake—lies a little town called Carterville. tend life at all. In March, Swiss pharma- part of our lives, stop and think twice. Mr. Callahan lives there with his wife, Stacy, ceutical giant Roche agreed to buy

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27585 Genentech for $46.8 billion. Avastin is a big premiums will not go up under these nies enter into this marketplace? Well, reason the company was sold for so much circumstances, caused by govern- they did. The trigger being discussed money. mental action? The nonpartisan Con- now is very different. It is set up to Not everyone agrees that Avastin is worth gressional Budget Office—if you have shoot. It is based upon the word ‘‘af- the price. Experts in Britain recommended against covering it. A drug that costs as any wonder about this—confirms it. Its fordability,’’ and the government holds much as a house and extends life for just a analysis of the Finance Committee bill the power of deciding that issue. Then few months isn’t worth the money, they said. says the fees imposed would, and I am the government holds the power to tax Some people go to pieces when they find quoting from the CBO, ‘‘be passed on to policies, and, of course, as the CBO out they’ve got cancer. Mr. Callahan went to purchasers and would ultimately raise pointed out, that is going to translate work. insurance premiums by a cor- into higher premiums. He has coached the Salukis for 14 years. ‘‘I responding amount.’’ You see, what I see happening here is try to carry on like I’m going to be here next week and next month,’’ he said. ‘‘I think This idea of a trigger that trips only that the government is setting itself up about coaching in 2010, about going to my if premiums rise is an illusory safe- to be both the pitcher and the umpire— daughters’ college graduations and their guard. It is because the trigger is the pitcher, who throws the ball, and weddings.’’ rigged to shoot. the umpire, who gets to call the strike. His 2009 team finished with 24 wins and 28 Further evidence is the fact that the I do not think the game is working losses. Coach Callahan was too sick to travel trigger fires if health insurance is fairly. to away games. But he was in the dugout deemed, and again I am quoting, The goal of a trigger is to ensure each time the Salukis took the field in ‘‘unaffordable.’’ Guess who gets to de- competition. So let’s drop the illusions, Carbondale. From the beginning, the Callahans have cide that. The government will decide and let’s enable real competition. Let’s made it a point not to ask doctors about his that. It will decide what affordability allow insurance companies to compete prognosis. ‘‘We don’t want to know it, and is. So bureaucrats pull the trigger by across State lines. The so-called trig- we don’t want our kids to know it,’’ Mrs. simply labeling premiums ger is just camouflaging the true in- Callahan said. ‘‘We just wanted to live our ‘‘unaffordable’’ after all of these fees tent: to establish a government-run lives as normally as possible, with no time and higher taxes on these policies kick system. line.’’ in. This illusory safeguard is meant to I can’t help but wonder, is the inten- Coach Callahan thinks it is inherently un- appease those of us concerned about tion to confuse opt-in, opt-out, trig- fair that patients can be denied treatment simply because of a drug’s high price. It’s making Washington the great czar of gers, co-ops, exchanges? But it all boils like giving one team an extra at-bat. health care, but it doesn’t work. down to the same thing: you are going But the game is not over. Even with two I believe the American people see to end up with a government-run outs in the ninth inning, even with two through this. I urge those who support health insurance industry and a gov- strikes against you, there’s hope. And a a trigger to be straightforward about ernment-run health care system. question: Who sets the price of victory? what their stance is. If they are for Whether it is opt-in, opt out, trigger, The ACTING PRESIDENT pro tem- government-run health insurance, say co-ops, it really is no real option. pore. The Senator from Nebraska is let’s go there. There is no free marketplace. Instead, recognized. Incidentally, I will passionately de- it is government making your health f bate that position. I don’t believe it is care decisions, forcing you, dictating in the best interests of our Nation, but to you not only to carry insurance but HEALTH CARE REFORM I will not criticize them for holding dictating the kind of policy you will Mr. JOHANNS. Mr. President, I rise that opinion. After all, that is what the have and requiring that your plan be today to speak about health care and Senate floor is for, to debate opinions. approved in Washington, causing many the debate that is heading our way, es- On the other hand, I take issue with to be displaced from their private in- pecially now following the action of disguising a government takeover of surance. the House this last weekend. We all health insurance and calling it a trig- Now is not the time to raise taxes, read the articles, we hear the debate, ger. I take issue with laying additional add mandates, and put jobs in jeop- we hear the talk about trying to find a taxes on health insurance policies and ardy. This massive, all-at-once ap- compromise when it comes to the gov- then calling a press conference to com- proach is a very risky experiment with ernment-run health insurance pro- plain that premiums went up. The im- 16 percent of our economy. It is a huge gram. Some oppose it with passion. plication that the trigger will never gamble. It is a dangerous risk being Some say they will not support reform fire, quite honestly, gets to be folly. taken with our health care. without it. There is a whole variety of I gave a speech a week or so ago on Common sense tells us that change is opinions. the floor and I talked about the opt-in needed in this arena, but how about a One idea that seems to be picking up and the opt-out. There is no real option step at a time to see if that change steam in this effort to find a com- if States will have to face the unfunded works, and then we can move forward promise is the idea of a trigger, what- mandate’s tax and fees. I pointed that to the next step. We can take positive ever that means. Proponents call it a out in that speech. The only thing steps. But opt-outs, out-ins, co-ops, ex- safeguard. They say it will trip only if States can opt out of, or choose not to changes, triggers—they are illusions insurance premiums go up. opt in to, I believe, when we see the ac- and not solutions. Here is the problem with that. Inher- tual language, will be the benefits. All I yield the floor, and I suggest the ab- ent in the underlying legislation is the of the other burdens will fall upon the sence of a quorum. sure-fire trip that could set off the taxpayers of that State. It is an illu- The ACTING PRESIDENT pro tem- trigger. You see, we already know that sory option. It is a false promise, just pore. The clerk will call the roll. current proposals in this health care like the trigger. The legislative clerk proceeded to reform initiative itself will cause pre- Just like the trigger. Some suggest call the roll. miums to rise. The government man- the trigger is just like the trigger in Mr. ALEXANDER. Mr. President, I dates and taxes and all of the other the part D, the Medicare prescription ask unanimous consent that the order things that are going to be burdened drug benefit. I have heard that argu- for the quorum call be rescinded. upon health insurance policies are ment too. But, boy, is there a world of The ACTING PRESIDENT pro tem- going to cause the premiums to rise. difference between what happened pore. Without objection, it is so or- We are saddling policies with huge new there and what is being proposed here. dered. fees and taxes and mandates. You see, Part D was designed to en- Mr. ALEXANDER. Mr. President, The Finance bill piles $67 billion in sure competition in an entirely new how much time remains? new fees on the very policies that the marketplace. It was measurable. It was The ACTING PRESIDENT pro tem- vast majority of Americans have. Can not discretionary. It asked this ques- pore. There is 51⁄2 minutes remaining in anyone claim with a straight face that tion: Would private insurance compa- morning business.

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27586 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 Mr. ALEXANDER. I ask the Pre- Well, that is the ‘‘b’’ word. That is the fiscal year ending September 30, 2010, and siding Officer to inform me when I have our President talking. I think we for other purposes. 30 seconds remaining. should listen to those words and the re- Pending: Mr. President, the House of Rep- peated warnings from careful advisers Johnson/Hutchison amendment No. 2730, in resentatives passed, by just five votes, that the cost of these health care pro- the nature of a substitute. a health care reform bill over the posals is going to get us in a state of Udall (NM) amendment No. 2737 (to amend- weekend. Some said it was historic. It fiscal ruin. ment No. 2730), to make available from Med- is, indeed, historic. It is a combination Here in Washington, we hear more ical Services $150 million for homeless vet- of higher premiums, higher taxes, about the Federal deficit, not so much erans comprehensive service programs. Medicare cuts, and more Federal Gov- about the condition of our States. At The ACTING PRESIDENT pro tem- ernment debt. one time, maybe half the Senators pore. The Senator from South Dakota. Millions of Americans, if it were to were former Governors, as the Pre- Mr. JOHNSON. Mr. President, I sug- pass, will be forced into government siding Officer is and I was. Today, I gest the absence of a quorum. plans when their employers stop offer- think it is 12. But those of us who can The ACTING PRESIDENT pro tem- ing health care insurance. remember those days remember what pore. The clerk will call the roll. As a former Governor of Tennessee, I it was like trying to control Medicaid The legislative clerk proceeded to simply do not see how Tennessee can costs. call the roll. pay for its part of the Medicaid expan- Governor Bredesen, a Democrat of Mr. GRASSLEY. I ask unanimous sion without imposing a new State in- Tennessee, told us over the weekend, consent that the order for the quorum come tax and damaging higher edu- our State—he told all of us that the call be rescinded. cation or both. House-passed bill will add $1.4 billion The ACTING PRESIDENT pro tem- Health care reform is supposed to be to the State budget over 5 years. If pore. Without objection, it is so or- about reducing costs, not increasing that is the case—and I know it is hard dered. costs. Instead of raising taxes, raising to put billions, trillions, jillions to- Mr. GRASSLEY. I ask unanimous premiums, Medicare cuts, more debt, gether up here and make them make consent to speak in morning business and transferring new costs to States, sense, but let me try to make sense of for 5 minutes. we should be taking steps toward re- what that could mean for our State, The ACTING PRESIDENT pro tem- ducing health care costs. which is a conservative, well-run State. pore. Without objection, it is so or- On the Republican side, we proposed I don’t see how the State of Tennessee dered. a number of those, starting with small could pay for its State share of the ex- Mr. GRASSLEY. Mr. President, I am business health plans which would panded Medicaid Program without in- here to discuss a very important mat- allow small businesses to pool together stituting a new income tax or without ter that I had intended to bring up in their resources and offer insurance to seriously damaging higher education or the Judiciary Committee last week but their employees. That would be a good both. And that is just one part of the the agenda did not allow it. It is about place to start. The Congressional Budg- new cost. the oversight of the Department of et Office has said that the small busi- So what we are saying to the Amer- Justice and the responses provided by ness health care plan which Senator ican people is, let’s read this bill, let’s Attorney General Holder to questions ENZI has proposed and is waiting for us know what it costs, and let’s see how it from the Judiciary Committee. Two to pass would reduce the cost of Med- affects you. weeks ago, Chairman LEAHY—and I icaid, would increase the number of in- We will be seeing a Senate bill com- thank him for participating—and I sent sured by 750,000 at least, and would ing out from behind the closed doors of a letter to the Attorney General asking lower the cost of insurance for 3 out of the majority leader within a few days. him to stand by his statements made 4 small business employees. We look forward to debating it. We during his confirmation and answer a So instead of this 2,000-page bill that look forward to moving ahead with number of outstanding requests for in- raises premiums, raises costs, cuts health care reform. But to us, raising formation. That list includes questions Medicare, and increases the debt, why premiums, costs, and taxes and cutting submitted by members of the Judiciary don’t we start step by step to reduce Medicare is not health care reform. Re- Committee to an FBI oversight hearing 1 costs? ducing costs with small business health over 1 ⁄2 years ago. We all agreed no I was privileged to attend the White plans, competition across State lines, committee should have to wait that House fiscal responsibility summit in reducing junk lawsuits against doc- long to get answers to oversight ques- February. The President invited me, tors—that is the direction we ought to tions. and I was glad to go. He talked then go if we want to avoid seeing that ‘‘b’’ Last Friday, the Judiciary Com- about what is obvious about our coun- word show up on the front pages of our mittee received answers from the At- try’s fiscal situation and said that put- newspapers more and more. torney General following his June 17, ting America on a sustainable fiscal I yield the floor. 2009, testimony. I hoped he would up- hold his commitment he made during course ‘‘will require addressing health f care.’’ his confirmation hearing to ‘‘fully and Then, at the President’s White House CONCLUSION OF MORNING in a timely fashion’’ answer Judiciary health reform summit in March, the BUSINESS Committee inquiries. President himself introduced the ‘‘b’’ The ACTING PRESIDENT pro tem- The questions I submitted to Attor- word, the ‘‘bankruptcy’’ word, which I pore. Morning business is closed. ney General Holder addressed a number of important issues, including a series am beginning to hear more and more f about as these bills come toward us. of 24 questions related to the Depart- MILITARY CONSTRUCTION, VET- The President said: ment’s involvement with the termi- ERANS AFFAIRS AND RELATED nation of Inspector General Walpin at If we don’t address costs, I don’t care how AGENCIES APPROPRIATIONS the Corporation for National and Com- heartfelt our efforts are, we will not get this ACT, 2010 done. If people think we can simply take ev- munity Service. The answers I received erybody who is not insured and load them up The ACTING PRESIDENT pro tem- were totally inadequate. Instead of an- in a system where costs are out of control, pore. Under the previous order, the swering the 24 questions, the Depart- it’s not going to happen. Senate will resume consideration of ment responded with a five-paragraph This is President Obama talking in H.R. 3082, which the clerk will report. recitation of publicly available facts March: The legislative clerk read as follows: and information. The Department also We will run out of money. The Federal A bill (H.R. 3082) making appropriations said it would respond under separate Government will be bankrupt; state govern- for military construction, the Department of cover to the document requests. I ap- ments will be bankrupt. Veterans Affairs, and related agencies for preciate the Department’s comments

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27587 that it intends to respond to my re- sponding fully to our requests in a we deserve more than just the Attor- quests, but I am very concerned this is timely manner or face the con- ney General’s vague and rather mean- more of the same problem Chairman sequences. I hope the Attorney General ingless reference to tools at our dis- LEAHY and I were trying to get at with and his staff will hear this and provide posal. our letter 2 weeks ago. complete answers to our questions Similarly, I asked the Attorney Gen- My questions were more than just re- prior to his scheduled appearance in eral to explain whether the crimes quests for documents and asking for a the Judiciary Committee later this committed by those presently held in recitation of public facts. They were month. U.S. prisons for conviction on ter- serious inquiries about the role the I see my colleague, Senator KYL. I rorism charges are comparable to the acting U.S. attorney played in the ter- think he has interest in this oversight terrorist acts of high-value detainees mination of that inspector general. I matter as well. at Gitmo. The reason I asked was, they requested specific answers to questions I yield the floor. said we have several convicted terror- that have arisen in my investigation. Mr. KYL. Mr. President, I ask unani- ists in our prisons here in the United For example, I asked about commu- mous consent to speak for up to 10 States. My question was, Well, but are nications between the U.S. attorney minutes to continue the discussion those really serious crimes as opposed and the Office of Professional Respon- Senator GRASSLEY has commenced. to the 9/11-related crimes committed by sibility and whether the referral by the The ACTING PRESIDENT pro tem- those we are holding at Gitmo? U.S. attorney complied with the eth- pore. Without objection, it is so or- His response was: ical requirements outlined in the U.S. dered. A number of individuals with a history of, Attorneys’ manual for misconduct by Mr. KYL. Mr. President, I rise to join or nexus to, international or domestic ter- non-Department of Justice attorneys in the comments Senator GRASSLEY rorism are currently being held in federal and judges. While this is only one ex- has offered. I voted for Attorney Gen- prisons, each of whom was tried and con- ample of the questions I asked, none of eral Holder, and we had several con- victed in an Article III court. the questions were specifically an- versations about being forthcoming in We knew that. swered. responding to our requests for informa- The Attorney General considers all crimes While the Department did say it was tion. I thought at the time he would be of terrorism to be serious. going to provide the documents I re- able to work with us and provide those Well, so do I. I am glad the Attorney quested under separate cover, the re- kinds of answers and support. I have General considers all crimes of ter- sponse seems to indicate that all my been disappointed, as has Senator rorism to be serious. But that does not questions were answered. They were GRASSLEY. answer my question: How do these not answered. I intend to get these an- A couple of examples: June 17, we had crimes compare to the crimes of those swers. a hearing at which Attorney General high-value detainees at Gitmo? This is a prime example of what is Holder was present. It was an oversight So these are examples of the kind of wrong with the inadequate responses to hearing. He was asked a number of nonresponses we get from the Attorney all our questions. They avoid the ques- questions. He took many of those ques- General when we ask questions. tion and filibuster with public facts. tions for the record which, of course, is Let me close with one final point, I have previously stated that unless perfectly fine. But his answers were and then if Senator GRASSLEY would the Department of Justice starts an- not submitted to us for another 41⁄2 have anything else to say, I will cer- swering our questions completely and months. It was October 29 when we re- tainly yield to him. in a timely manner, I will start holding ceived the answers. We know for several weeks we have up nominees. I have done nothing but I wish to cite two examples of ques- had on the Judiciary Committee agen- patiently work in good faith with the tions and answers which demonstrate da a bill called the media shield bill. It chairman and the Department to get the unresponsiveness of the Attorney is a bill that has a lot of problems with answers. Yet despite these threats, it is General. it. Many members of the past adminis- business as usual. I asked him to identify the legal This culture of not answering ques- tration had written in opposition to basis the Department of Justice could tions timely, in an evasive manner, and the bill, pointing out the problem of invoke to prevent a Gitmo detainee punting document requests to future convicting people who were engaged in from being released into the United separate cover letters is unacceptable. espionage or acts of terror against the States if found not guilty in a Federal We have a constitutional duty to over- United States, in the event this legisla- court—an important question because see the bureaucracy, and the executive tion were to be passed. the administration apparently intends branch is thumbing its nose at the Con- So I was curious about this Attorney to bring Gitmo detainees to the United gress. I know Chairman LEAHY agrees General’s views on that. He finally got States for trial. Here is the response: oversight is an important part of what us a views letter last week, and he said the Judiciary Committee does. I hope Where we have legal detention authority, ‘‘the result of a series of productive as the President has stated, we will not re- and cooperative discussions with the he will continue to work with all mem- lease anyone into the United States if doing bers to get answers from the Attorney sponsors and supporters of the legisla- so would endanger the national security of tion’’ is how they put this latest draft General. He has surely helped me. the American people. There are a number of I am tired of wasting time having to tools at the government’s disposal to ensure together. Obviously, absent is any dis- raise these concerns publicly, but that no such detainee is released into the cussion with those of us who have ex- shaming the Department seems to be United States, all of which are currently pressed our longstanding concerns. the only way they will respond, and being reviewed by the Special Interagency This is one of those matters I had even that doesn’t work all the time. Task Force on Detention Policy created pur- raised with the Attorney General at his This administration rode into town on suant to Executive Order 13493. confirmation hearing, and his reply a campaign of accountability and I asked the Attorney General to iden- was: transparency. Attorney General Holder tify the operative legal authority that The concerns you raised are legitimate told all of us he respected congres- could be used to detain acquitted de- ones. sional oversight. Yet in his first set of tainees. He responded by saying the ad- So I am glad my concerns were legiti- oversight questions submitted by the ministration probably would not re- mate. committee, he gave us the same non- lease someone ‘‘where we have legal de- He also said at his hearing that he response we have seen from the Depart- tention authority.’’ It is like a cat would—I am quoting now—‘‘work with ment. That is not the accountability or chasing its tail. What is legal author- both Republicans and Democrats on transparency the American taxpayers ity? That was the question. Do you this Committee on a federal media deserve. have legal authority? Releasing a de- shield law.’’ This is yet another public warning to tainee into the United States obviously Further, during my questioning of the Department. It is time to start re- could have grave consequences. I think Attorney General Holder on the media

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27588 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 shield bill, he again stated his willing- Veterans Day. But if we are to achieve of resources to help him accomplish ness to ‘‘work to address the concerns that goal, we cannot wait until Tues- that goal, including over $500 million raised in’’ views letters issued in the day to start the debate and amendment for direct homeless programs. However, 110th Congress. process. after returning from the August recess, In response to my questions, he testi- We have a choice. We can go home for I began to look into other efforts the fied: Veterans Day with a speech in our VA could undertake to further address I want to talk to you and to people who pockets or we can go home for Vet- this issue. As many of you know, the worked on this bill and who might have a erans Day with a solid accomplishment VA has 153 hospitals, many on expan- contrary view of it. for our veterans: passage of the fiscal sive campuses which include numerous I never heard from him again. I met year 2010 MILCON-VA appropriations buildings, some used and others sitting with him on May 4 to reaffirm my bill, to our credit. I vote for the latter, empty. strong interest in the legislation. I and I urge my colleagues to join with The amendment I have just offered never heard from him after that meet- me in working to make progress on would add $50 million to the VA’s ing. this bill today so we will be able to minor construction account specifi- This is despite the fact that in re- move to final passage tomorrow. cally for the VA to renovate unused, sponse to a question I asked, Attorney Mr. President, I ask unanimous con- empty buildings sitting on VA cam- General Holder testified: sent that the pending amendment be puses for the purpose of providing I want to talk to you and to people who set aside. housing with supportive services for worked on this bill and who might have a The ACTING PRESIDENT pro tem- homeless veterans. In today’s economic contrary view of it. As I said before, I guess pore. Without objection, it is so or- climate, many of the community orga- in my opening statement, you know, knowl- dered. edge doesn’t reside only in the executive nizations and nonprofits that run AMENDMENT NO. 2733 TO AMENDMENT NO. 2730 branch. The experience that you’ve had with homeless shelters for vets cannot come this, the obvious knowledge that you have of Mr. JOHNSON. Mr. President, I call up with the capital needed to renovate these issues are the kinds of things that I up amendment No. 2733 and ask for its unused VA buildings. This amendment need to be educated about. It may change my immediate consideration. would allow the VA to make those ren- mind, frankly. The ACTING PRESIDENT pro tem- ovations and then pursue public-pri- Well, maybe it would have. But by pore. The clerk will report. vate ventures that address the problem not talking to me, he was able not to The assistant legislative clerk read of homelessness among vets. change his mind. as follows: The amendment is fully offset and I heard that a new version of the bill The Senator from South Dakota [Mr. does not exceed the subcommittee’s al- had been written, and I reviewed it. So, JOHNSON] proposes an amendment numbered location for budget authority or out- finally, on November 2 I called the At- 2733 to amendment No. 2730. lays. I would urge all of my colleagues torney General myself to express my Mr. JOHNSON. Mr. President, I ask to support this amendment. concerns about it. I asked if I could get unanimous consent that reading of the Mr. President, I ask unanimous con- an explanation of why this version sat- amendment be dispensed with. sent that Senators BYRD and FEINSTEIN isfied all of the objections that had The ACTING PRESIDENT pro tem- be added as cosponsors. been previously raised, and I inter- pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- preted his response to be that he would dered. pore. Without objection, it is so or- testify before the committee if he were The amendment is as follows: dered. called upon to do so. (Purpose: To increase by $50,000,000 the Well, 2 days later, as I said, this amount available for the Department of Mr. JOHNSON. Mr. President, I yield views letter was sent to us. To put it Veterans Affairs for minor construction the floor and suggest the absence of a charitably, it is extraordinarily light projects for the purpose of converting un- quorum. on analysis. used Department of Veterans Affairs struc- The ACTING PRESIDENT pro tem- I, as I said in the beginning, voted for tures into housing with supportive services pore. The clerk will call the roll. for homeless veterans, and to provide an The assistant legislative clerk pro- Attorney General Holder. I thought at offset) the time he would keep the commit- ceeded to call the roll. On page 52, after line 21, add the following: ments he made to us under oath at his SEC. 229. (a)(1) The amount appropriated or Mr. FRANKEN. Mr. President, I ask confirmation hearing. He assured us he otherwise made available by this title under unanimous consent that the order for wanted to work with us and he would the heading ‘‘CONSTRUCTION, MINOR the quorum call be rescinded. be forthcoming and cooperative. PROJECTS’’ is hereby increased by $50,000,000. The ACTING PRESIDENT pro tem- Mr. President, I think it is time for (2) Of the amount appropriated or other- pore. Without objection, it is so or- the Attorney General to keep the com- wise made available by this title under the dered. mitments he made in his confirmation heading ‘‘CONSTRUCTION, MINOR PROJECTS’’, as AMENDMENT NO. 2745 TO AMENDMENT NO. 2730 hearing. increased by paragraph (1), $50,000,000 shall be available for renovation of Department of The ACTING PRESIDENT pro tem- Mr. FRANKEN. Mr. President, I ask Veterans Affairs buildings for the purpose of unanimous consent to set aside the pore. The Senator from Iowa. converting unused structures into housing Mr. GRASSLEY. Mr. President, two with supportive services for homeless vet- pending amendment and to call up my things. I thank the Senator from South erans. amendment No. 2745. Dakota for giving us this opportunity (b) The amount appropriated or otherwise The ACTING PRESIDENT pro tem- to make this point. I hope the Attor- made available by title I under the heading pore. Is there objection? ney General will respond to our ques- ‘‘HOMEOWNERS ASSISTANCE FUND’’ is hereby Without objection, it is so ordered. reduced by $50,000,000. tions. We are just doing our constitu- The clerk will report. Mr. JOHNSON. Mr. President, this tional job of oversight, checks and bal- The assistant legislative clerk read August I had the opportunity to ac- ances of our system of government. as follows: I yield the floor. company Secretary Shinseki in South The ACTING PRESIDENT pro tem- Dakota to meet with the many South The Senator from Minnesota [Mr. pore. The Senator from South Dakota. Dakotans who have served our Nation. FRANKEN], for himself and Mr. JOHNSON, pro- poses an amendment numbered 2745. Mr. JOHNSON. Mr. President, the During this trip, the Secretary out- MILCON–VA appropriations bill is very lined for me his ambitious plan to end Mr. FRANKEN. Mr. President, I ask important to America’s military forces homelessness among veterans and im- unanimous consent that the reading of and veterans. pressed upon me how this is one of his the amendment be dispensed with. On Wednesday, the Nation observes top priorities for the VA. The ACTING PRESIDENT pro tem- Veterans Day. There is no reason this The fiscal year 2010 MILCON-VA bill pore. Without objection, it is so or- bill should not be completed before before us provides a significant amount dered.

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27589 (Purpose: To ensure that $5,000,000 is avail- service dogs, so we are proceeding H. CON. RES. 210 able for a study to assess the feasibility based on evidence. The VA will also Resolved by the House of Representatives (the and advisability of using service dogs for provide funds to veterans who partici- Senate concurring), That when the House ad- the treatment or rehabilitation of veterans pate in the study to cover some of the journs on any legislative day from Friday, with physical or mental injuries or disabil- November 6, 2009, through Tuesday, Novem- ities) costs of maintaining their service dogs. Today I am offering this amendment ber 10, 2009, on a motion offered pursuant to On page 52, after line 21, add the following: to the Military Construction and De- this concurrent resolution by its Majority SEC. 229. Of the amounts appropriated or Leader or his designee, it stand adjourned otherwise made available by this title for the partment of Veterans Affairs appro- until 2 p.m. on Monday, November 16, 2009, or Department of Veterans Affairs, $5,000,000 priations legislation so the fully au- until the time of any reassembly pursuant to shall be available for the study required by thorized VA initiative may now be section 2 of this concurrent resolution, section 1077 of the National Defense Author- fully funded. The amendment is whichever occurs first; and that when the ization Act for Fiscal Year 2010. straightforward and reasonable. My Senate recesses or adjourns on any day from Mr. FRANKEN. Mr. President, the amendment today would simply make Friday, November 6, 2009, through Tuesday, amendment I offer today would fund a $5 million available for this study that November 10, 2009, on a motion offered pursu- vital new initiative within the Depart- passed by unanimous consent. In this ant to this concurrent resolution by its Ma- jority Leader or his designee, it stand re- ment of Veteran Affairs that was au- way, we can both provide more service cessed or adjourned until noon on Monday, thorized by the recent National De- dogs to the veterans who want them, November 16, 2009, or such other time on that fense Authorization Act. This initia- and we can study the benefits they can day as may be specified in the motion to re- tive is a VA program and study for the provide to those veterans and the most cess or adjourn, or until the time of any re- provision of service dogs to disabled effective ways to provide those bene- assembly pursuant to section 2 of this con- veterans, which began as an amend- fits. current resolution, whichever occurs first. ment I offered to the Defense author- Our Nation owes a profound debt to SEC. 2. The Speaker of the House and the ization bill and is now a provision in those who have served in the military. Majority Leader of the Senate, or their re- spective designees, acting jointly after con- the enacted law. For those veterans with disabilities, we sultation with the Minority Leader of the This 3-year program will study the need to make sure the VA has as many House and the Minority Leader of the Sen- benefit of using service dogs to help effective tools for raising their quality ate, shall notify the Members of the House treat veterans with physical and men- of life as possible. My amendment and the Senate, respectively, to reassemble tal injuries and disabilities. It is meant would make sure that one of those at such place and time as they may des- to provide the VA with one more tool tools is funded. ignate if, in their opinion, the public interest to raise the quality of life for those I urge my colleagues to support this shall warrant it. who have given so much to our Nation. amendment. Mr. JOHNSON. Mr. President, I sug- Under this program, the VA will I yield the floor, and I suggest the ab- gest the absence of a quorum. partner with nonprofit organizations sence of a quorum. The ACTING PRESIDENT pro tem- that provide service dogs free of charge The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. to veterans. The government will offset pore. The clerk will call the roll. The assistant legislative clerk pro- some of the costs of providing the dogs, The assistant legislative clerk pro- ceeded to call the roll. which are currently funded largely ceeded to call the roll. Mr. INOUYE. Mr. President, I ask through private donations. This will Mr. JOHNSON. Mr. President, I ask unanimous consent that the order for allow roughly 200 veterans to be paired unanimous consent that the order for the quorum call be rescinded. with dogs and to participate in the the quorum call be rescinded. The ACTING PRESIDENT pro tem- study. In this way, the program will The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- amount to a public-private partnership pore. Without objection, it is so or- dered. dered. where donors to those nonprofits will f know their money will go further, f MILITARY CONSTRUCTION, VET- thanks to public matching funds. PROVIDING FOR A CONDITIONAL ERANS AFFAIRS AND RELATED The veterans who participate in the ADJOURNMENT/RECESS OF THE study will be veterans with physical AGENCIES APPROPRIATIONS HOUSE AND SENATE ACT, 2010—Continued disabilities and with mental disabil- Mr. JOHNSON. Mr. President, I ask Mr. INOUYE. Mr. President, I ask ities such as PTSD. It was one such unanimous consent that the Senate unanimous consent that the pending veteran, CPT Luis Montalvan, who ini- proceed to the immediate consider- amendment be set side so I may say a tially sparked my interest in this ef- ation of H. Con. Res. 210, the adjourn- few words. fort. I met Luis, who had been injured ment resolution, received from the The ACTING PRESIDENT pro tem- while serving in Anbar in Iraq, along House and is at the desk. with his service dog Tuesday, at an in- The PRESIDING OFFICER. The pore. Without objection, it is so or- augural event. Luis explained to me clerk will report the resolution by dered. that he could not have been there if it title. Mr. INOUYE. Mr. President, let me weren’t for Tuesday who eases his The assistant legislative clerk read begin, first, by thanking Chairman PTSD in numerous and very impressive as follows: JOHNSON and Senator HUTCHISON for ways. A resolution (H. Con. Res 210) providing for their fine work in preparing this meas- After meeting Luis, I undertook re- a conditional adjournment of the House of ure before us. Similar to the other ap- search and learned about all of the ben- Representatives and a conditional recess or propriations bills for fiscal year 2010, efits that service dogs can provide indi- adjournment of the Senate. this bill, which provides the necessary viduals with disabilities. I saw the There being no objection, the Senate funding for military construction and wonderful work of the nonprofits which proceeded to consider the concurrent veterans programs, was prepared by give their time and the donors who resolution. the subcommittee on a bipartisan give their money to undertake the in- Mr. JOHNSON. Mr. President, I ask basis. tensive training and the provision of unanimous consent that the concur- I am very pleased to advise my col- these dogs. I learned there were more rent resolution be agreed to and the leagues in the Senate that the com- veterans out there who feel they could motion to reconsider be laid upon the mittee endorsed the bill unanimously benefit from such a service dog if they table. and forwarded this matter to the Sen- had access to one. The ACTING PRESIDENT pro tem- ate for consideration. I introduced my legislation shortly pore. Without objection, it is so or- As my colleagues are aware, we are after coming to office. The VA program dered. already more than 1 month into the it establishes will study—scientif- The concurrent resolution (H. Con. new fiscal year, and we simply need to ically—the benefits to veterans of the Res. 210) was agreed to, as follows: complete our work on this measure.

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27590 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 Moreover, Wednesday is Veterans provide an operational ballistic missile de- The fiscal year 2010 National Defense Day. It would truly send the right mes- fense capability when needed. Due to its Authorization Act provided flexibility sage to our veterans for the Senate to strategic location and multi-dimensional for the Missile Defense Agency to pass this bill before November 11. testing capabilities, the Pacific Missile spend over $240 million of research and Again, I wish to commend the chair- Range Facility (PMRF) in Hawaii has been development funding in fiscal years selected as the proposed site for this test fa- man and Senator HUTCHISON for their cility, and placement of a test launcher at 2009 and 2010 to purchase equipment as- fine work on this measure and urge its this site could also provide continuous pro- sociated with the AEGIS ashore test adoption. tection for this region. Our goal is to com- facility and begin the development of AMENDMENT NO. 2754 plete this project in time to support the first the new European ballistic missile de- Mr. President, I rise to discuss flight test of the land-based Standard-Mis- fense architecture. The military con- amendment No. 2754, which has been sile 3 interceptor in FY2012, which would re- struction funding is needed at this quire construction funding to be available cosponsored by Senators JOHNSON and time in conjunction with the research for obligation in FY2010. COCHRAN, to reallocate unobligated fis- and development funding to begin im- Your support to make these FY2009 plementation of the European missile cal year 2009 military construction MILCON funds available for the Aegis funding to support President Obama’s Ashore test facility is essential if we are to defense plan. new European missile defense plan. The implement the President’s new Phased Let me also make clear that this funding was appropriated in last year’s Adaptive Approach in time to counter the amendment is not asking for additional appropriations bill for the European growing ballistic missile threat. I am pre- money. This funding is presently avail- missile defense sites but can no longer pared to provide you with any additional in- able. The Missile Defense Agency has formation you may require. over $150 million in fiscal year 2009 un- be spent. Thank you for consideration of this re- This amendment will enable the Mis- obligated funds that were appropriated quest and your steadfast support for the de- for the missile defense sites in the sile Defense Agency to meet the Presi- fense of our Nation. dent’s timelines for defending Europe Czech Republic and Poland that are no Sincerely, longer needed. This amendment would and the United States sooner against PATRICK J. O’REILLY, use a portion of those funds to begin Iranian missiles. Lieutenant General, USA Director. construction of the AEGIS ashore test I strongly endorse the President’s Mr. INOUYE. Mr. President, in the European missile defense plan. This facility in fiscal year 2010. letter the general says that estab- Lastly, let me comment on the site new approach will enhance the protec- lishing this test facility is his top pri- chosen for the AEGIS ashore test facil- tion of our allies in Europe, U.S. forces ority for the President’s new plan for ity. According to the Missile Defense and their families deployed abroad, and missile defense in Europe. He goes on Agency, the Pacific Missile Range Fa- the U.S. homeland from ballistic mis- to state: cility on the island of Kauai has been sile attack sooner than the previous Our goal is to complete this project in time the center of excellence for AEGIS bal- program. to support the first flight test of the land- listic missile defense testing for the It is more robust and responsive to based standard-missile 3 interceptor in FY last 12 years and will continue in that the increasingly pervasive short- and 2012, which would require construction fund- regard for the next decade. Indeed, just medium-range missile threats and is ing to be available for obligation in FY 2010. 2 weeks ago, the Pacific Missile Range adaptable to longer range threats in I offer this amendment with some Facility hosted the successful inter- the future. The new architecture fo- reservation. It is critical to getting cept test of the Japanese AEGIS bal- cuses on using the proven standard missile defense to Europe sooner, but it listic missile defense program. To date, missile-3 on Aegis ships and on land, circumvents the normal order of busi- the Pacific Missile Range has sup- together with additional sensor capa- ness in the Senate under ordinary cir- ported 20 AEGIS tests. In addition, bility to provide more effective protec- cumstances. This project should have PMRF also has a proud track record of tion for ourselves and our allies. been authorized in the fiscal year 2010 testing the Missile Defense Agency’s In order to meet the timelines set National Defense Authorization Act Theater High Altitude Area Defense out by the President to deploy a capa- and then appropriated in the Military System, with five tests at the range bility in Europe in the 2015 timeframe, Construction bill. I take that process since 2007. General O’Reilly, Director of the Mis- seriously and wish to explain to my The Pacific Missile Range Facility is sile Defense Agency, has requested the colleagues the special circumstances the world’s largest instrumented mis- Congress to reprogram $68.5 million to under which I offer this amendment. sile testing and training range. The De- construct an Aegis ashore test facility President Obama publicly announced partment of Defense and the Missile at the Pacific Missile Range Facility in his European missile defense strategy Defense Agency, in particular, utilize Hawaii. This amendment responds to on September 17 of this year. This an- this range due to its relative isolation that request. nouncement came well after the House and ideal year-round climate and en- I ask unanimous consent to have and Senate Armed Services Commit- croachment-free environment. Fur- printed in the RECORD the letter from tees began the conference negotiation thermore, it is the only range in the General O’Reilly requesting this trans- process. world where submarines, surface ships, fer of funds. In order to implement the Presi- aircraft, and space vehicles can operate There being no objection, the mate- dent’s new plan, General O’Reilly made and be tracked simultaneously. For rial was ordered to be printed in the the request to Congress for an AEGIS these reasons, the Missile Defense RECORD, as follows: ashore test facility on October 7, the Agency believes the Pacific Missile DEPARTMENT OF DEFENSE, same day that the House and Senate Range Facility is the ideal location to MISSILE DEFENSE AGENCY, completed the conference agreement support AEGIS ashore testing. Washington, DC, October 7, 2009. on the Defense authorization bill. Due I urge my colleagues to support this Hon. DANIEL INOUYE, to conflicts in timing, the conferees amendment. If this test facility does Chairman, Committee on Appropriations, U.S. Senate, Washington, DC. were not able to consider this late re- not get started in fiscal year 2010, the DEAR MR. CHAIRMAN: I am writing to re- quest from the administration. Thus, Missile Defense Agency will not be able quest your support for reauthorization and an amendment on the fiscal year 2010 to meet the flight test scheduled to reappropriation of $68.5 million of unobli- Military Construction appropriations demonstrate AEGIS ashore capability gated FY2009 MILCON funds, previously ap- bill is the best path to get the facility prior to the administration’s proposed propriated for deployment of missile defense started in order to meet the adminis- 2015 deployment date to Europe. It is a capabilities in Europe, to support near-term tration’s timelines. If there was a bet- very important amendment. requirements for the President’s new Phased ter way to proceed, I would do so. Un- AMENDMENT NO. 2754 TO AMENDMENT NO. 2730 Adaptive Approach for missile defense in Eu- rope. fortunately, these unusual cir- Madam President, I now call up Our top priority is the establishment of an cumstances have put us in this situa- amendment No. 2754 and ask for its Aegis Ashore test facility which could also tion. consideration.

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27591 The PRESIDING OFFICER (Mrs. Mr. COBURN. I ask unanimous con- rental costs; a detailed report on how HAGAN). The clerk will report the sent that the reading of the amend- the $3 billion that has already been ap- amendment. ment be dispensed with. propriated for information technology The bill clerk read as follows: The PRESIDING OFFICER. Without projects at the Veterans Administra- The Senator from Hawaii [Mr. INOUYE], for objection, it is so ordered. tion’ is spent, including operations and himself, Mr. COCHRAN, and Mr. JOHNSON, pro- The amendment is as follows: maintenance costs, salaries, and ex- poses an amendment numbered 2754 to (Purpose: To require public disclosure of penses by individual project; and then amendment No. 2730. certain reports) finally, a quarterly report on the finan- Mr. INOUYE. Madam President, I ask At the appropriate place, insert the fol- cial status of the Veterans’ Adminis- unanimous consent that the reading of lowing: tration, a health status. SEC. lll. (a) Notwithstanding any other This is just plain, good, open govern- the amendment be dispensed with. provision of this Act and except as provided The PRESIDING OFFICER. Without in subsection (b), any report required to be ment. It creates transparency, and it objection, it is so ordered. submitted by a Federal agency or depart- allows the American people to hold us The amendment is as follows: ment to the Committee on Appropriations of to account. By requiring that Federal (Purpose: To permit $68,500,000, as requested either the Senate or the House of Represent- agencies produce reports funded in this by the Missile Defense Agency of the De- atives in this Act shall be posted on the pub- bill and publicize them on a Web site, partment of Defense, to be used for the lic website of that agency upon receipt by everybody will have easy access to the construction of a test facility to support the committee. reports. That is not the case today in the Phased Adaptive Approach for missile (b) Subsection (a) shall not apply to a re- the Senate or in the Congress. Evalu- defense in Europe, with an offset) port if— (1) the public posting of the report com- ating and reading these reports may On page 27, between lines 3 and 4, insert promises national security; or prompt a congressional hearing, Fed- the following: (2) the report contains proprietary infor- eral legislation, or even termination of SEC. 128. (a)(1) The amount appropriated or mation. a Federal program or policy. otherwise made available by this title under This is a straightforward amend- the heading ‘‘MILITARY CONSTRUCTION, DE- Mr. COBURN. Madam President, this ment. It is my hope our colleagues will FENSE-WIDE’’ is hereby increased by is a very straightforward amendment. $68,500,000, with the amount of such increase This is an amendment I have offered on accept this amendment and it will be- to remain available until September 30, 2014. all appropriations bills to date. We come part of this appropriations bill as (2) Of the amount appropriated or other- passed it on Housing and Urban Devel- well. wise made available by this title under the opment-Transportation. We passed it NOMINATION OF JUDGE ANDRE DAVIS heading ‘‘MILITARY CONSTRUCTION, DEFENSE- on Energy and Water. We passed it on Madam President, I now wish to WIDE’’, as increased by paragraph (1), Interior. We passed it on the Defense spend a few moments talking about $68,500,000 shall be available for the construc- Judge Andre Davis, who is the nominee tion of an Aegis Ashore Test Facility at the appropriations bill. It is an amendment Pacific Missile Range Facility, Hawaii. Not- that says that the reports that are for the Fourth Circuit Court of Ap- withstanding any other provision of law, asked for in this appropriations bill, peals. such funds may be obligated and expended to unless there is reason to not yield to I sit on the Judiciary Committee, carry out planning and design and construc- the people of this country the informa- and I voted against Judge Davis’s nom- tion not otherwise authorized by law. tion contained in that report for either ination coming out of the Judiciary (b) Of the amount appropriated or other- Committee. I thought the American national security or defense purposes, wise made available by title I of the Military people ought to know why. that those studies will be made avail- Construction and Veterans Affairs Appro- He is definitely an individual of in- priations Act, 2009 (division E of Public Law able to the American citizens and the tegrity. He is a very pleasant indi- 110–329; 122 Stat. 3692) under the heading rest of the Senate. vidual. I enjoyed the banter back and ILITARY ONSTRUCTION EFENSE IDE Each appropriations bill, in proper ‘‘M C , D -W ’’ forth during the hearing. But as a Fed- and available for the purpose of European fashion and by a good job by the Appro- eral district judge, Judge Davis has Ballistic Missile Defense program construc- priations Committee, asks for reports been reversed by the Fourth Circuit tion, $69,500,000 is hereby rescinded. and reviews on how the money is spent. Court numerous times. A lot of judges Mr. INOUYE. I suggest the absence of All this amendment does is require get reversed, but there is a trend with a quorum. that the reports that are required to be Judge Davis where we have seen the The PRESIDING OFFICER. Will the submitted by a Federal agency in this law misapplied. So I have some real Senator withhold the request for a act be posted on a public Web site of concerns. This is a lifetime appoint- quorum call? that agency for all Members of Con- ment to this circuit court, No. 1. No. 2, Mr. INOUYE. I set aside my request. gress and all Americans to see. There is the Supreme Court only hears 80 cases The PRESIDING OFFICER. The Sen- an exception for reports that contain a year, so if a case comes to a circuit ator from Oklahoma. classified or proprietary information. court, most often that is a final deter- Mr. COBURN. Madam President, I In the House and Senate version of mination. ask unanimous consent to, No. 1, offer this bill, the following reports are—I Let me spend a little bit of time on an amendment, which I will do in 3 or won’t go through all of them—what ac- characteristics of these reversals be- 4 minutes, and then spend 3 or 4 min- tion DOD and the State Department cause they are very concerning to me. utes on that amendment and then ask have taken to encourage host countries He has been reversed by the Fourth unanimous consent for 15 minutes to to assume a greater share of the de- Circuit Court in six different cases talk on the Executive Calendar as well fense burden—that is something that where he was noted to suppress evi- as speak in morning business. ought to be shared with the American dence. For those of you like me who The PRESIDING OFFICER. Without people; an annual report on operation are not lawyers, let me explain what objection, it is so ordered. and maintenance expenditures for each that means. AMENDMENT NO. 2757 TO AMENDMENT NO. 2730 individual general or flag officer quar- Suppressing evidence in a criminal Mr. COBURN. Madam President, I ters at each of our bases around the case most often results in a defendant ask that the pending amendment be set country during the prior year; a report not being convicted of a crime and a aside and that amendment No. 2757 be of the Secretary of Veterans Affairs on victim and their family not receiving called up. approved major construction projects justice. Not only do the victim and vic- The PRESIDING OFFICER. Without for which funds are not obligated with- tim’s family not get justice but the objection, it is so ordered. The clerk in the timeframe provided for in the government has to spend taxpayer dol- will report the amendment. act—in other words, to know what we lars and resources to appeal the case to The bill clerk read as follows: are getting ready to spend, what is ob- the next level. Let me give some exam- The Senator from Oklahoma [Mr. COBURN] ligated; a report detailing the current ples. proposes an amendment numbered 2757 to planned use of property estimated to In the case of U.S. v. Kimbrough, amendment No. 2730. have greater than $1 million in annual Judge Davis suppressed the statement

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27592 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 of a defendant who, while in the pres- charged with being a felon in posses- The other thing I object to is the ence of police, told his mother he had a sion of a firearm. The court of appeals timing. There is no question we need to gun in the room. The officer was trying reversed Judge Davis’s ruling and said do this, especially for our wounded to give him his Miranda warnings at the man’s confession was admissible in warriors. But we are excluding our the time when the mother asked him if the case. Vietnam veterans from having access there was anything else in the base- In U.S. v. Custis, the defendant was to this same care, and we are excluding ment, besides the cocaine that was prosecuted for several Federal drug and the first gulf war veterans from having readily visible to her and the officer. firearm offenses. The evidence used the same access. They have the same In reversing Judge Davis’s decision, against him included weapons and needs. Nobody can deny they don’t the Fourth Circuit offered a harsh re- drugs that were seized by the police have some of the same needs, but we buke stating that since the mother ‘‘is from his truck and residence. The po- are excluding them, and from a con- a private citizen, her spontaneous ques- lice search was based on a warrant ob- stitutional standpoint, I am not sure tioning of [the defendant] alone, inde- tained with evidence they compiled we can ever get to the point where we pendent of the police officers, could from an informant who had given them would agree that is fair treatment for never implicate the Fifth Amend- reliable data on the defendant’s drug our veterans. ment.’’ The court further stated that operation. Judge Davis granted the de- Mr. DURBIN. Will the Senator yield Judge Davis’s conclusion that ‘‘ ‘Miss fendant’s suppression motion, finding for a question? Kimbrough’s involvement in ques- that the search warrant was faulty. Mr. COBURN. I wish to finish my tioning her son was the equivalent of The Fourth Circuit reversed, stating statement first. I listened to the Sen- official custodial interrogation,’ . . . is that Judge Davis erred in granting the ator’s statement earlier today on the at best incomplete and, taken literally, defendant’s motion to suppress the evi- floor, so let me finish my statement. is simply erroneous.’’ The Fourth Cir- dence, and that if Judge Davis had read The other thing that is concerning is cuit said that a statement made in the supporting affidavit in a ‘‘common- we have a bill before us right now—this sense, rather than hypertechnical man- these circumstances should ‘‘never’’ be appropriations bill—that has no money ner, as he was required to do,’’ he suppressed and Judge Davis’s reasoning for this in it, one, and authorizations would not have excluded the evidence. aren’t required. So $280 billion of the was ‘‘simply erroneous.’’ There are many other cases where In U.S. v. Siegel, Judge Davis sup- money we appropriate every year is not Judge Davis has incorrectly suppressed pressed evidence of the defendant’s 20- authorized. The fact there is no money evidence that I will not go into at this year history of scheming and plotting in this bill for this program tells me time. There are many other reasons, to take money from previous husbands something, that the urgency of getting whether it be violating the sentencing in a case where the defendant was ac- a press release isn’t near the urgency levels according to the Fourth Circuit, cused of dating the victim, taking his an abuse of discretion, remanding for of the needs of our veterans. Because if money, and then killing him. The facts resentencing, or being more than a we allow the normal process to happen, of this case are particularly worrisome. neutral arbiter in terms of plea ar- it will be 18 months from now before The defendant had met the victim rangements. Here is what the Fourth any money comes forward for this bill. and started dating him, eventually Finally, we have offered up a list of Circuit said about Judge Davis’s role in taking his money and trying to have terms of the plea arrangements: programs we think have much lower him institutionalized. After failing at priority than our veterans’ health care, We have not found a single case in which having him institutionalized, she the extent of judicial involvement in plea ne- and so I think of my brother, who is a killed the victim and hid his body. Al- gotiations equaled that in the case at hand. veteran, and I ask myself: What did he though the body was found in 1996, it The district court repeatedly appeared to be serve for? What did he fight for? Did he was not identified until 2003. During an advocate for the pleas rather than as a fight so we could come back here and that time, the defendant remarried and neutral arbiter, and any fair reading of the undermine the future by not making continued to collect the man’s Social record reveals the substantial risk of coerced the same tough choices that are re- Security checks. When the body was guilty pleas. We can only conclude that the quired for every family and, more im- district court’s role as advocate for the de- identified, Federal agents contacted fendant’s guilty pleas affected the fairness, portantly, not demonstrate the cour- her and she told them the victim was integrity, and public reputation of judicial age in our service that the veterans alive and had run off with some other proceedings. demonstrate in their service—which is woman. She was arrested and charged I won’t go on, but those six cases I putting yourself at risk to do what is with murdering the victim to prevent outlined are enough for me to not be best for our country? That is what they him from reporting her fraud. When able to support this judge, who is obvi- do, but we ought to be doing the same the prosecution sought to introduce ously a very fine gentleman and a good thing. the defendant’s prior bad acts at trial, man, but who I believe has made some We ran a very large deficit this last Judge Davis refused. According to the significant inexcusable errors on the year. Forty-three cents of every dollar Fourth Circuit, Judge Davis was con- bench. we spent this last year was borrowed. cerned about the length of the trial. Finally, I want to spend a moment None of the people in this room will The Fourth Circuit reversed, finding talking about a bill several of my col- ever pay a penny toward that debt. It that the evidence was admissible and, leagues have brought up, and it is the will be our children and grandchildren. because the government charged the veterans caregivers omnibus bill. Re- And the fact is we will not make the defendant with committing murder to gardless of what the news reports say, hard choices to pay for this so that to- prevent being reported for fraud, this and my colleagues say, I am not op- morrow we can say, we are going to evidence was an essential element of posed to us making sure we keep each eliminate these programs so this pro- the government’s case. As for Judge and every commitment we make to gram can go forward, and we are going Davis’s concern about a lengthy trial, veterans. I think many of the programs to take the money that is going for the Fourth Circuit concluded that was that are in this bill are ideally suited these programs so this program can go an improper basis for excluding whole- for the problems our veterans have. forward. sale this clearly probative and relevant What I object to is the fact we are What this appropriations bill does, as evidence of other crimes. On remand, going to create $3.7 billion worth of a matter of fact, is ask for a study the defendant was found guilty. spending—and that is a CBO score, not from the Veterans’ Administration on In the case of U.S. v. Jamison, Judge my score, the $3.7 billion worth of the need of this bill. So if this bill is Davis suppressed the confession of a spending—over the next 5 years and certainly a priority, the funding for it felon who shot himself, called out to not make any effort whatsoever to should have been in this appropriations police for help, and then gave the con- eliminate programs that don’t have bill, and it is not. Nobody can deny it fession during the routine police inves- anywhere near the priority this pro- is not. So I come to the question: When tigation into his injury. He was gram does. will enough be enough? When will we

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27593 stop playing a game on dollars and ul- Mr. COBURN. Absolutely, but when There is no question the Appropria- timately make the same hard choices was the hold? Less than 3 weeks ago. It tions Committee has the power to fund and demonstrate the courage our vet- wasn’t brought to the floor before then. money anywhere they want and they erans have demonstrated? I can’t think Mr. DURBIN. It was brought to the do it whether the bills are authorized of many veterans who want now what floor on September 25. or not authorized. I will be glad to give is paid on the backs of their children or Mr. COBURN. Okay, 5 weeks. Pardon the Senator from Illinois a list of the grandchildren. What they want to see me. $280 billion we spend every year that is us do is the hard work, as they do the Mr. DURBIN. Also, I would ask the not authorized. It is a spurious argu- hard work, to put ourselves at risk by Senator if he is suggesting we should ment to state that we should not have telling some people no so we can tell have included the appropriations for fiscal accountability when we author- veterans yes. What we are doing today this bill before we authorized it? ize programs. We should have and we is we are going to tell veterans yes but Mr. COBURN. I would answer my col- ought to make the tough choices. The we are going to tell our children no. league that we do that 280 billion times problem is, we do not do any oversight, I can easily outline for my colleagues a year. to speak of, to cause us to know the $300 billion—that is ‘‘B’’ for billion—of Mr. DURBIN. The Senator would en- programs that are not working that we waste, fraud, and duplication in the dorse that, and wants us to include the could eliminate so we will not have du- Federal budget. They may disagree appropriations before we set up author- plicate funding and so we will not with some of that, but there is no ques- izing language? spend it. tion you could get a consensus on $3.7 Mr. COBURN. What I would tell my The question veterans ask me is what billion of that. On 1 percent of it, you colleague is you do it routinely on the is our priority with our money. The could get a consensus. But there is no appropriations bill. So why is this any first priority has to be defending the effort made on this authorization bill different? country. The second priority ought to to create priorities. What we hear all My question to my colleague is: If in be about taking care of veterans. What the time is: Well, that is not the way it fact this is so important to get done we do is we have $300 billion a year in works up here. Authorization bills are today, knowing there is no money in waste, fraud, and duplication on things simply that, and it has to go through this bill for this—my colleague would that do not do either of those and that the appropriations, and you are not agree with that, would he not, that are extremely wasteful. Nobody with spending any money. there is no money in this appropria- common sense would say they ought to Well, if we are not spending any tions bill for this act? Is that a correct continue. Yet we continue down the money on this bill, then we are not statement? process. solving the problems for our veterans. Mr. DURBIN. To my knowledge, I have taken more than my time and And if we don’t have any money for there is not. I know my colleagues are going to this program in this appropriations Mr. COBURN. There is not. So we are vote. I would tell my colleague from Il- bill, we are holding out a hollow prom- going to say we are going to authorize linois we have had this debate a large ise. something in the hopes that we have to number of times. We have a frank dis- I ask my colleagues to work with us. do it right now, knowing that unless agreement about the fiscal discipline Let’s offset the price for this, dem- we have an omnibus or a supplemental that should be required of us as Sen- onstrate the same courage and the this won’t actually happen until we get ators. The fact is, we are going to au- same level of commitment. There has to this bill again next year. thorize a bill and we are not going to been no secret on who has said we Mr. DURBIN. So is the Senator from make any tough choices about any- should not pass this by unanimous con- Oklahoma conceding an authorizing thing else and we are not going to take sent, and there has never been a time bill does not spend money, since the away any options from the Appropria- that we refused to talk to anybody passage of this authorizing bill, as you tions Committee when it comes to about that. said, would not spend a penny? funding. To me, that abrogates our re- My hope is the American people are Mr. COBURN. No, I will not concede sponsibility to be good authorizers. I listening. Sure, we do want to do the that. Because what it does is it causes will stand by that conviction as long as right things for our veterans, but there us—and I enjoy debating my colleague I am in the Senate. We had that debate has to come a time when we are forced from Illinois. Here is my point on au- on the bridge to nowhere, which my to make hard choices, and we are not thorization bills. We can authorize and colleague supported, which was in an seeing that. We are not seeing that in authorize and authorize, and when we authorizing bill—and multiple times. this bill, and we are not seeing it in the do, we are telling veterans they are With that, I yield the floor and I am authorization for this veterans and going to get this. That is what we are prepared to listen to my colleague caregivers omnibus bill. telling them. We are communicating to from Illinois. With that, I yield to my colleague every veterans organization and we are Mr. DURBIN. Madam President, I from Illinois, and retain the time until telling them we are going to do this. So know we have a standing order for a he has finished asking whatever ques- if we are going to tell them we are trigger to move to the Executive Cal- tion he may have. going to do it, we ought to put in proc- endar, but I ask unanimous consent for Mr. DURBIN. I thank the Senator ess the way to do it. And if we are say- 5 minutes for the purpose of making a from Oklahoma. ing it has to happen right now, then unanimous consent request, a short The PRESIDING OFFICER. The Sen- where is the money? Show me the statement, and then to ask two other ator from Illinois. money to make it happen right now. amendments which I have introduced Mr. DURBIN. I ask the Senator from The fact is—and I will reclaim my to this bill be called and be pending. Oklahoma, is the Senator suggesting time—we play games, and the game we The PRESIDING OFFICER. Without we should open this up to caregivers are playing is that we can authorize objection, it is so ordered. for veterans of all wars? and send out a press release but then Mr. DURBIN. Madam President, I Mr. COBURN. Yes, sir. we are not held accountable to do what will speak briefly to the Senator from Mr. DURBIN. Would the Senator we have authorized. There are a lot of Oklahoma. This is not my bill. This from Oklahoma join me in that endeav- good key components in this bill. My was a bill introduced by Senator Hil- or? objection is twofold: One, it discrimi- lary Clinton. It has been around for a Mr. COBURN. If we are going to do nates against previous veterans, which long time. It is an effort to provide this bill, yes, I would. I think is uncalled for; and two, we some help to the 6,800 families who Mr. DURBIN. Would the Senator don’t eliminate any of the waste in have in their homes today a disabled from Oklahoma also agree that this terms of authorizations so that we veteran who needs a caregiver, some- bill was on the calendar long before more focus the Appropriations Com- one who helps that veteran change the Veterans Day? mittee. dressings on their wounds, provides an

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27594 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 IV change if necessary, injections if SEC. 229. (a)(1)(A) Of the amount made There are currently 35,000 veterans necessary, move them from bed to available by this title for the Veterans receiving aid and attendance benefits chair and back again. For many of our Health Administration under the heading from the Department of Veterans Af- veterans, that is their lifeline. It is a ‘‘MEDICAL SERVICES’’, $1,500,000 shall be avail- fairs, which provides funding for vet- able to allow the Secretary of Veterans Af- wife who is giving her life to her hus- fairs to offer incentives to qualified health erans who need extra help at home but band who has returned injured from a care providers working in underserved rural do not need institutional care. The aid war. It is a mother, a father, a son, a areas designated by the Veterans Health Ad- and attendance program assists all dis- daughter, a loved one in the family. ministration, in addition to amounts other- abled veterans of all wars. Out of this These people are as much a part of our wise available for other pay and incentives. population, around 2,000 veterans re- veterans medical system as the great (B) Health care providers shall be eligible ceived their injuries after September 11 people who serve us at the veterans for incentives pursuant to this paragraph and would qualify for extra caregiver only for the period of time that they serve in assistance in this bill. However, care- hospitals and veterans centers across designated areas. America. (2)(A) Of the amount made available by givers for tens of thousands of veterans What Senator Clinton wanted to do this title for the Veterans Health Adminis- of prior wars would not. Of course, that and what I want to help her do is pro- tration under the heading ‘‘MEDICAL SUPPORT assumes that the House passes the vide some help for these caregivers. AND COMPLIANCE’’, $1,500,000 shall be avail- Caregiver Assistance Act in its Cham- Many of them are giving their lives to able to allow the Secretary of Veterans Af- ber and the President signs it into law. this veteran. It is not too much to ask fairs to offer incentives to qualified health Then it assumes that next year, in the that we help them with a small stipend care administrators working in underserved discussion on the fiscal year 2011 budg- rural areas designated by the Veterans each month, with training so they et, the President requests funding for Health Administration, in addition to caregiver assistance, or that both ap- know how to do the things that are amounts otherwise available for other pay necessary so they can provide the med- and incentives. propriations committees include fund- ical help these veterans need, with 2 (B) Health care administrators shall be eli- ing, and that the President signs this weeks of respite so they can have a lit- gible for incentives pursuant to this para- into law. The absolute earliest that a tle time off by themselves and have graph only for the period of time that they caregiver would receive assistance is someone else, such as a visiting nurse, serve in designated areas. October 1, 2010. However, that date is (b) Not later than March 31, 2010, the Sec- step in for the veteran during that pe- not likely given the performance of the retary of Veterans Affairs shall submit to Department of Veterans Affairs. Right riod of time. the Committees on Veterans’ Affairs and Ap- We reported the bill out of the Vet- propriations of the Senate and the House of now, the average processing of a dis- erans’ Committee and brought it to the Representatives a report detailing the num- ability claim is 162 days at the Depart- floor. By custom in the Senate, regard- ber of new employees receiving incentives ment. Given that the Department will less of what you just heard, we first under the pilot program established pursu- have to make rules on this new benefit, pass a bill authorizing a program and, ant to this section, describing the potential it will be well into 2011 before any care- if it is passed, we appropriate money to for retaining those employees, and explain- giver benefits from this program. How- ing the structure of the program. the program. I am trying to follow that ever, passing this bill before Veterans regular order. AMENDMENT NO. 2760 TO AMENDMENT NO. 2730 Day will give benefits to politicians, The Senator from Oklahoma has ob- Mr. DURBIN. Madam President, I ask who will have made an empty promise jected. He is the only person objecting. unanimous consent that the amend- in 2009 that might not be realized until Because of his objection 6,800 veterans, ment be set aside and the clerk call up 2011, and even then, would be paid for those who served Iraq and Afghanistan, amendment No. 2760. by our children and grandchildren. The PRESIDING OFFICER. Without are unable to get this additional care. f I know we cannot give it to every care- objection, it is so ordered. The clerk EXECUTIVE SESSION giver. I know it will be limited, and we will report the amendment. The legislative clerk read as follows: will have to make that decision as part of our deliberation as to what we can The Senator from Illinois [Mr. DURBIN] proposes an amendment numbered 2760 to NOMINATION OF ANDRE M. DAVIS do. But to say we should do nothing for amendment No. 2730. TO BE UNITED STATES CIRCUIT these people is to make a mockery of The amendment is as follows: JUDGE FOR THE FOURTH CIR- this Veterans Day. If we truly care for CUIT these veterans, let us care for these (Purpose: To designate the North Chicago Veterans Affairs Medical Center, Illinois, The PRESIDING OFFICER. Under families who are giving their lives to as the ‘‘Captain James A. Lovell Federal the previous order, the Senate will pro- help them. Health Care Center’’) ceed to executive session to consider I hope the Senator from Oklahoma At the end of title II, add the following: the following nomination, which the will lift the hold on this bill, give us a SEC. 229. (a) NAMING OF HEALTH CARE CEN- clerk will report. chance to debate it, offer his amend- TER.—Effective October 1, 2010, the North The legislative clerk read the nomi- ments. That is what we are here for. Chicago Veterans Affairs Medical Center lo- nation of Andre M. Davis, of Maryland, But to merely stand and say: No, stop, cated in Lake County, Illinois, shall be to be United States Circuit Judge for I will not allow it, I don’t think is what known and designated as the ‘‘Captain James A. Lovell Federal Health Care Cen- the Fourth Circuit. the Senate should be about. Let us de- The PRESIDING OFFICER. Under bate his point of view, my point of ter’’. (b) REFERENCES.—Any reference to the the previous order, there will be 60 view, other points of view, and try to medical center referred to in subsection (a) minutes of debate, equally divided and reach some conclusion. in any law, regulation, map, document, controlled between the Senator from AMENDMENT NO. 2759 TO AMENDMENT NO. 2730 record, or other paper of the United States Vermont, Mr. LEAHY, and the Senator I ask that the clerk call up my pend- shall be considered to be a reference to the from Alabama, Mr. SESSIONS, or their ing amendment No. 2759. Captain James A. Lovell Federal Health Care designees. The PRESIDING OFFICER. The Center. The Senator from Maryland is recog- clerk will report the amendment. Mr. COBURN. Madam Presiding, dur- nized. The legislative clerk read as follows: ing today’s conversation, the Senator Ms. MIKULSKI. Madam President, I The Senator from Illinois [Mr. DURBIN] from Illinois stated that S. 1963 had am a little confused about the order. proposes an amendment numbered 2759. been on the Senate calendar since Sep- Parliamentary inquiry of the pending The amendment is as follows: tember 25, 2009. In fact, S. 1963 was read business: Are we now considering the (Purpose: To enhance the ability of the De- the second time and placed on the cal- nomination of Andre Davis? partment of Veterans Affairs to recruit endar on October 29, 2009. A request The PRESIDING OFFICER. The Sen- and retain health care administrators and was not made for unanimous consent ator is correct. providers in underserved rural areas) to pass the bill on the minority side Ms. MIKULSKI. Madam President, as On page 52, after line 21, add the following: until Friday, November 6, 2009. the senior Senator from Maryland, I

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27595 have been designated as the Demo- that he has a compelling personal nar- bat over the clash of ideas but gave cratic representative. Of course, I note rative. He comes from roots of very them a taste of a world outside their on the floor the distinguished ranking modest means. His father was a teach- own community and even put them on member, Senator SESSIONS. I was going er, his stepfather was a steel worker, the road to scholarships. to lead off, if that does meet with the he grew up in the gritty neighborhood He served for 4 years as the president Senator’s approval. of east Baltimore in a family who val- of Big Brothers and Big Sisters of Cen- Mr. SESSIONS. Yes, I say to the Sen- ued hard work and also community tral Maryland, knowing not everybody ator from Maryland, I think that would service. had a dad and not everybody has a be quite appropriate and fine with me. He earned a scholarship to attend mom. If we can come up, through the The PRESIDING OFFICER. The Sen- Phillips Academy, Andover, no small Big Brothers and Sisters, with pro- ator from Maryland is recognized. feat for an African American. He was 1 grams showing a caring adult, it also Ms. MIKULSKI. Madam President, of 4 African Americans in a school of helps with our young people. this is an exciting day for me. It is an over 800 students, and even then, as a Judge Davis has great integrity, a exciting day because I am here to young man, he knew that with oppor- strong work ethic, and a commitment present a distinguished jurist from tunity came responsibility to help oth- to public service. He presents uncom- Maryland to be nominated to sit on the ers who were not so fortunate. promising views on judicial independ- Fourth Circuit Court of Appeals. He earned his bachelor’s degree at ence. He is an independent thinker, Judge Davis is from my hometown of the University of Pennsylvania and dedicated to the rule of law and core Baltimore. He has been nominated to then graduated from the University of constitutional principles. Well-re- sit on the Fourth Circuit Court of Ap- Maryland School of Law. While at the spected colleagues consider him a first- peals. He comes before the Senate for a Maryland School of Law, he won the rate judge, with an unassailable record vote on his confirmation. His nomina- Myerowitz Moot Court Competition. He in the community as a lawyer and as a tion has been approved by the Judici- chaired the Honor Board and the law judge. ary Committee, and I thank both the faculty awarded him the prestigious I hope the Senate will confirm him. I chairman of the Judiciary Committee, Roger Howell Award at graduation. He am proud to be here to speak up for Senator LEAHY, and the ranking mem- had a distinguished career as an under- him and to stand for him and I will be ber, Senator SESSIONS, for moving this graduate and graduate. proud to cast my vote in support of nomination through the committee He comes before us for this vote as him. process and the majority and minority someone who has judicial competence. With deep roots in the Maryland leaders for bringing this nomination to He was originally nominated by Presi- community, distinguished and experi- the floor. dent Clinton in the year 2000 for the enced as a judge, I think he would be For 8 years as the Senator from Fourth Circuit. At that time, the ABA an excellent addition to the Fourth Maryland, I have pressed for a qualified unanimously gave Judge Davis its Circuit Court of Appeals. I am going to Marylander to fill the Maryland va- highest rating of ‘‘well qualified.’’ thank my colleagues today for giving cancy on the Fourth Circuit Court of Why? Because, for the last 22 years this matter their attention. Appeals. I have worked with my col- that Andre Davis has served as a judge, As I conclude my initial presentation league, Senator Sarbanes, and now he served at three different levels—at with Judge Davis, I would like to take Senator CARDIN. This seat was once the State courts and at the Federal a moment and speak on personal privi- held by the late Judge Francis courts. He currently sits as a Federal lege. This is a big day for me. It is a big Murnaghan, a true legal giant, with district judge for the Maryland Dis- day for Andy Davis. He has been wait- deep roots of civic engagement as well trict, nominated by President Clinton ing a long time since he was first nomi- as a record of extraordinary judicial and unanimously confirmed by the nated by President Clinton. But now competence. Today, we are presenting Senate. So he served in the State his time will come to be judged by the a nominee who is worthy to fill this courts, where his judicial opinions, ju- Senate whether he is deemed worthy of seat. dicial behavior, judicial judgment someone on the Fourth Circuit. I am honored to introduce Andre could be observed. People like him, But it is a special day for me. Today Davis to serve on the Fourth Circuit they know him, they respect him. is the first day in over 124 days since Court of Appeals. He is a man of the His judicial record demonstrates an my accident coming out of Catholic highest caliber, one of judicial experi- ability to handle difficult situations Mass where I broke my ankle. This is ence, one of great integrity and also with a calm, thoughtful, rational tem- the first day that I can actually come outstanding intellect. He has received perament. He is known for thorough to the floor of the Senate and stand up the American Bar Association’s high- reasoning. He has not only served as a for someone in whom I truly believe be- est ratings. distinguished judge, but also he came cause I believe he will stand up for the When I consider a judicial nominee, to the courts as an experienced pros- Constitution that made our country and particularly one for the circuit ecutor. He was with the Civil Rights great. I come with no space boot; I court of appeals, I have four criteria. Division at the Department of Justice come with no props to hold me up. It is No. 1, that person must be someone of and with the U.S. Attorney’s Office in a very big day. So I am very excited absolute personal integrity. They are, Maryland. about the fact that I am able to do after all, a judge. They must bring ju- In addition to being a judicial leader, this. dicial competence and a record dem- he has also been a community leader. FALL OF THE BERLIN WALL onstrating judicial competence and He, again, believes for every oppor- It is also a special day in world his- also a record showing judicial tempera- tunity there is a responsibility. He tory. Today is the day the Berlin Wall ment. My third criterion is they must served on the board of directors of the came down. I was filled with excite- have a commitment to core constitu- Baltimore Urban League, which pro- ment on that wonderful day because tional principles and also a history of vides so many vital services to our un- the roots of my own heritage lie in Po- civic engagement in Maryland. In other derserved communities. He was the land. We are proud American citizens, words, they must be a real Marylander, president of the Legal Aid Bureau and but we kept the heritage of the old not just a ‘‘ZIP Code’’ Marylander, a founding member and chair of the country alive in our home, particularly meaning living in Maryland as a mat- board of the Baltimore Urban Debate because Poland, after World War II, ter of convenience. League, so that young people in our was sold out at Yalta and Potsdam Judge Andre Davis passes all these public schools could learn the excite- through an agreement that was ill-con- tests with flying colors. When I intro- ment of high school debate which, for ceived, and history bore the point. duced Judge Davis at the Judiciary many of our inner-city youth, was a We watched Poland fall as Hungary Committee hearing, I wished to present pathway not only to eloquence and ra- and the Czech Republic and others be- to my colleagues then, as I do now, tional argument and the love of com- hind the Iron Curtain. They were called

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27596 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 captive nations. Then we saw in Berlin tions to the President and make rec- as a judge for 22 years. He has handled that another wall went up and began ommendations to our colleagues on the somewhere around 5,300 cases. Judge the famous Berlin Airlift where Amer- confirmation of judges from those who Davis received a ‘‘well qualified’’ rat- ica came to the rescue. They them- apply from Maryland. This represents ing from the American Bar Standing selves in East Berlin were behind an- an open process, a process that encour- Committee on the Federal judiciary. other version of the Iron Curtain called ages our very interest to apply and be- If confirmed, Judge Davis would be the Berlin Wall. come Federal judges, and one that is the third African-American judge to Today we commemorate that 20 solely aimed at getting the very best serve in the Fourth Circuit, which has years ago—through nonviolent partici- talent onto our Federal courts. one of the highest percentages of mi- pation and the efforts of people such as That is certainly true with Judge nority populations of any circuit in the Ronald Reagan, Maggie Thatcher, the Davis. It is certainly true with that country. world’s prayers, a strong Democratic nomination. Judge Davis had a hearing As my colleague pointed out, the United States of America saying, ‘‘Mr. before the Judiciary Committee in Fourth Circuit has one of the highest Gorbachev, tear down that wall’’—that April. In June, our committee reported vacancy rates of any court, any circuit wall came down. him out favorably with a strong bipar- in our Nation. Five out of the fifteen It started when an obscure elec- tisan vote of 16 to 3. seats are vacant, which constitutes trician jumped over a wall in a ship- I am not going to go through all of one-third of the appellate court. In- yard in Gdansk. His name was Lech the points that Senator MIKULSKI deed, Judge Davis is a replacement for Walesa. It started the Solidarity move- raised as far as his background. But I Judge Francis Murnaghan, who died in ment. It sparked all of Central Europe do want to underscore a few points I August of 2000. through dissidents such as Haval. It led think are very important in the filling Judge Murnaghan also had a lifelong finally, through political leadership— of this particular judicial position. record as a Maryland resident who such as President Reagan, such as Judge Davis has strong roots in served on the Federal bench for 20 Maggie Thatcher, such as all of us Maryland. This is a Maryland seat on years and was one of the most re- here—to bring down that wall. the Fourth Circuit. He was born in and spected lawyers and judges in our So today we commemorate bringing raised in Baltimore. He is still a resi- State. Judge Davis served as a law down the Berlin Wall, bringing down dent of Baltimore. Judge Davis has an clerk for Judge Murnaghan on the the Iron Curtain. When we elect An- exceptional record of legal experience Fourth Circuit from 1979 to 1980. So I think this is a very appropriate ap- drew Davis as an African American to in our State, including working as an pointment. the Fourth Circuit, that famous assistant U.S. attorney, as a State dis- I am proud to join the senior Senator trict court judge, as a State circuit Fourth Circuit with roots deep in the from Maryland, Ms. Mikulski, in rec- court judge, and now as a U.S. district South, we are going to bring down an- ommending to our colleagues the con- judge. other wall. But is that not what a great firmation of Judge Davis. We believe He received his bachelor’s degree democratic nation does? We bring down he will continue the great tradition, from the University of Pennsylvania walls through democratic action, the great record he has established as a and graduated cum laude with his J.D. through commitment and resolve, and Federal judge, as a State judge, and he doing it through nonviolence. degree from the University of Mary- will continue that when confirmed by This is indeed a great day for the land School of Law where he still this body to serve on the Circuit Court world and a great day for Andrew Davis teaches classes as an adjunct faculty of Appeals for the Fourth Circuit. and a very special day for me. member. We are proud to recommend his con- I yield the floor. He served as a district judge for the firmation to our colleagues. With that, The PRESIDING OFFICER. The Sen- U.S. District of Maryland since his I see that the senior Republican on the ator from Maryland. Senate confirmation in 1995. You see Judiciary Committee, Senator SES- Mr. CARDIN. Madam President, let Judge Davis has deep roots in Mary- SIONS, is on the Senate floor. me first compliment my colleague, land and deep roots in the judicial I yield the floor. Senator MIKULSKI, for her leadership in branch of government. The PRESIDING OFFICER. The Sen- bringing forward the nomination of He has a longstanding record that he ator from Alabama. Judge Davis to the circuit court of ap- has demonstrated in protecting civil Mr. SESSIONS. Madam President, I peals. I join her in her comments about rights and liberties. I agree with my would also like to speak on the Davis the fall of the Berlin Wall, the impor- colleague, Senator MIKULSKI, that one nomination and reluctantly I will tance that meant not just for Europe. of the principal standards we want to speak in opposition to that nomina- The Berlin Wall represented not only a see in judges on our courts is an under- tion. There has been some discussion divided city, a divided country, but a standing of our Constitution and the on the Senate floor today and pre- divided continent. And the fall of that protection it provides our citizens. viously in more detail about the need wall that we commemorate of 20 years That is particularly important on our for the circuit judges. But I would just ago has significance well beyond that circuit court of appeals. point out, having been through this one city. To give you one example of Judge system quite a bit, that during the I was privileged to be in Berlin as the Davis’s record in protecting the rights 110th Congress four highly qualified wall came down and will never forget of our people, this was a landmark de- consensus nominees to that court were those moments. cision on civil rights, Reid v. presented to the Senate by President It is also nice to see my colleague on Glendening, where Judge Davis ruled Bush and were not confirmed: Judge the Senate floor without the need of that the Baltimore City Courthouses Robert Conrad, Judge Glen Conrad, Mr. any aid. She has been a fighter all of were not wheelchair accessible, in vio- Steve Matthews, and Mr. Rod Rosen- her life. She has been a fighter during lation of the Americans with Disabil- stein. this episode. She never missed a beat ities Act. He then ordered the city and I remember Judge Conrad. He is the as far as representing the people of State to create a plan to make the presiding judge of his district and had Maryland. buildings accessible. been a U.S. attorney. I remember him But I particularly want to point out I think that is pretty gutsy when we testifying during President Clinton’s to my colleagues how proud I am of realize that some of the support our ju- difficulties, and then Attorney General Senator MIKULSKI for the manner in diciary needs comes from local govern- Janet Reno looked all over the U.S. which she has handled judicial appoint- ment. Yet Judge Davis did what was Federal prosecuting ranks to pick a ments in our State. She is interested, required under our Constitution. U.S. attorney who would be a special as I am, in getting the very best on our He has been praised by lawyers in prosecutor whom she would select to Federal courts, and in the process that Maryland as a smart, evenhanded, fair, prosecute one of the allegations was set up for us to make recommenda- and open-minded judge. He has served against President Clinton.

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27597 She chose Mr. Conrad. He concluded and Judge Davis is part of President do them anyway. Yet in Judge Davis’ that there were no charges in that Obama’s first group—waited years for courtroom, the rules seem to change matter to be brought against President confirmation. from case to case. It is a dangerous Clinton and was later appointed a Fed- Some of them never even got a hear- thing. It leaves police unsure of how to eral judge in the district and was con- ing, despite being highly qualified, out- comply with the law when they are firmed, but he was blocked for the standing nominees. So Judge Davis has trying to protect citizens from crimi- court of appeals. I always knew he done pretty well in getting his case be- nal activities. These kinds of mistakes would be a good decisive judge since he fore the Senate and being able to get a and rulings in effect allow criminals to was a point guard on the University of vote. The fact is, nominees are moving go free on technicalities. North Carolina basketball team. They much faster than they did during the Not only do the shifting ground rules have to make decisions. They have to Bush years. But we do have a duty to make a police officer’s job nearly im- make decisions quickly. fulfill in analyzing nominees because possible, these types of errors require So I would say a lot of effort went they are being considered for a lifetime appeals. Appeals cost money. They into confirming judges for vacancies appointment, an appointment to the take time. They delay justice. Not only that are not there today. Mr. Rosen- court in which the only thing that con- are many of Judge Davis’ decisions berg was nominated to the seat as a ju- strains them in how they conduct their wrong as a matter of law, they have an dicial emergency in November of 2007, daily business is their personal integ- extremely detrimental impact on the the very seat to which Judge Davis has rity, their personal restraint, and the workings of the criminal justice sys- been nominated. He was not confirmed. only thing that reduces the number of tem. Within the last 5 years alone, the In fact, my colleagues on the other side errors they might make is their ability Fourth Circuit has reversed Judge of the aisle succeeded in holding that and determination to do the right Davis 13 times for errors that seem to vacancy, this vacancy, open for 9 years. thing. consistently favor criminal defendants. I find it breathtaking that people Judge Davis is currently a judge on Even more troubling is that those er- would suggest that the Republicans, the Federal trial court in Maryland. rors are basic errors of law. I have who tried to fill that vacancy for 9 During his time on the bench, unfortu- studied the cases and the issues in- years and had the nominees blocked, nately, he has been reversed by the volved. It seems to me these are errors were responsible for vacancies which Fourth Circuit, the very court to which that should not have been made. They have been there for a long time. I find he is now being nominated, in a num- raise doubts in my mind about whether that quite an odd thing. ber of troubling cases. He has been he should be elevated—he has a life- The ABA reported Mr. Rosenstein criticized by that appellate court for time appointment on the Federal dis- unanimously ‘‘well qualified.’’ In 2005 misapplying the law, for throwing out trict court—to a lifetime appointment he was confirmed unanimously to be relevant and lawfully obtained evi- on the court of appeals. U.S. attorney for Maryland. Prior to dence and wrongfully dismissing cases One of the most troubling cases he his service as U.S. attorney, he held a where there were genuine unresolved has ruled on was the case of United number of positions in the Department issues between the parties. States v. Kimbrough. There the defend- of Justice under both Republican and If Judge Davis did not adequately as- ant was arrested in his mother’s house. Democratic administrations. Despite sess the facts or apply the law in these Police found him in the basement cut- his stellar qualifications, he waited 414 fairly direct and simple cases, it raises ting cocaine, the ‘‘knife on the mirror’’ days for a hearing and never got one. a question as to why he would be quali- type cutting of cocaine. After the ar- So his nomination expired in January fied to be promoted to the Fourth Cir- rest and before police could read the of this year. cuit, the appellate court, one step defendant his Miranda warnings, the The reason, one reason, given for below the U.S. Supreme Court. defendant’s mother asked him if he had blocking his nomination was that he One of my colleagues on the Judici- anything else in the basement—not the was doing a good job as U.S. attorney ary Committee argued that district police, his mother. The defendant said in Maryland, and that is where we need judges are going to be reversed from he had a gun. The police went down to keep him. Well, forgive me if I think time to time and that if we held every and found the gun. They charged the that is a bit much, and I certainly do reversal against a nominee, no judge defendant with unlawful possession of a not think we need to have the outrage would ever be elevated to the court of firearm and possession of cocaine, from the other side about vacancies on appeals. That is a fair point. Even the both. The firearm charge would nor- this court since they are a direct prod- best trial judge occasionally may be re- mally carry a mandatory penalty in uct of the efforts of my colleagues to versed by an appellate court. But I felt addition to the cocaine possession keep that vacancy open. the responsibility to look at these re- charge. But Judge Davis has fared much bet- versals and ask whether these are nor- Apparently, the judge didn’t like ter than those four nominees did in the mal kinds of reversals that could occur that. Judge Davis threw out the de- last Congress. He received a hearing a in tough cases. I have to say, I believe fendant’s statement that he had a gun mere 27 days after his nomination. A the cases reveal a disturbing pattern of because he said he had not been given committee vote occurred just 36 days mistakes, mistakes that consistently his Miranda warning: You have a right later. Today the full Senate will vote favor criminal defendants and evidence to remain silent. The case went to the on his nomination. an anti-law enforcement tendency. court of appeals, and he was reversed. I would just say I think we need to That, as a former prosecutor in Federal The court of appeals in Kimbrough, the take time to look at nominees and ask court, makes me a bit nervous. Many court he wants to sit on, had this to the tough questions. We are not a of the rulings a Federal judge makes state, which is pretty obvious to me: rubberstamp. Good nominees ought to against a Federal prosecutor cannot be The defendant’s mother ‘‘is a private cit- be confirmed. Sometimes we just have appealed. It is an awesome power they izen, her spontaneous questioning of [the de- a disagreement, like we will about have. fendant] alone, independent of the police of- Judge Davis, and we will have a vote. These mistakes have real-world con- ficers, could never implicate the Fifth They will be confirmed or not con- sequences for law enforcement officers Amendment.’’ firmed. who are out on the streets doing their Of course not. The Miranda warning I would like to point out, however, best every day to follow the already is a court-created rule. It is not in the that the average time from nomination complex body of law and rules required Constitution. Prior to its creation, po- to confirmation for nominees to the by the courts. Police train and work lice didn’t give those warnings. But it courts of appeals submitted by Presi- hard to try to do the things they are is designed to help deter police from in- dent Bush was 350 days, and that was required to do by courts. Sometimes criminating an individual and using the average. The majority of President the courts have caused them to do the power of their badge to say some- Bush’s first nominees, the first group— things that are unwise, but they try to thing they didn’t want to voluntarily

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If the that he had a gun—because he had a was made. defendant had a defense, he could al- bullet hole in himself, apparently. Another of Judge Davis’ cases that I ways present it later and go to trial This is what the court said, unani- find extremely troubling is United and be acquitted. But it certainly met mously reversing this decision—the States v. McNeill. In that case, the de- the probable cause standard to make trial stops. Prosecutors have to appeal. fendant threatened to kill his an arrest. He had two kilos of cocaine The case is thrown out. They file the girlfriend while in the presence of a po- in his hands, apparently. appeal. All this money is spent. The lice officer. What did the police officers I will quote from the Fourth Circuit court pays for the defendant’s lawyer do? They arrested him. At a minimum, court he wants to sit on and what they to go up and argue the case. They have this is a harassment charge, I submit, said about his decision in Dickey-Bey: to write cases. Months go by. to threaten someone’s life in the pres- In reaching its conclusion, . . . the district Madam President, how much time do ence of the police. What would happen court failed to step back and look at the to- we have on this side? if the police officers hadn’t arrested tality of the circumstances and the reason- The PRESIDING OFFICER. The Sen- the man and they had walked off and ableness of the officers’ belief, in light of ator has 71⁄2 minutes. left him there with his girlfriend and those circumstances, that Dickey-Bey was a Mr. SESSIONS. I thank the Chair. he had killed her? What would the pub- knowing part of a larger drug operation. This is what the court said, in revers- lic say then about the police officers? Pretty simple case. The impact for ing him unanimously: What would the average citizen say: every police officer in America who [The defendant], and the court below, how- Did you do your duty? Didn’t you have might be listening today, the impact of ever— the ability to make an arrest? this ruling, if that is not probable The ‘‘court below’’: Judge Davis— Judge Davis said he didn’t. Judge cause, is that controlled deliveries of this kind that occur quite frequently in misunderstand the reach of Miranda. . . . Mi- Davis said he had no ability to make randa and its progeny do not equate police an arrest, to intervene in that cir- law enforcement would be eliminated. investigation of criminal acts with police co- cumstance. This is how it happened. How much cocaine is two kilograms? ercion. This distinction is especially salient They arrested him. They took him to It is a lot. Under the sentencing guide- when the victim or suspect initiates the en- jail. While he was in jail, he confessed lines, two kilograms of cocaine powder counter with the police. to robbing a bank. Once again, Judge would yield an offense level of 28 which He asked for them to come and help Davis threw out the confession, the means a 78 to 97 months’ sentence for a him. whole case. If the arrest was bad and he first-time offender, mandatory. That is Of course, this pattern has been was in jail, that was a product, I guess, the range the judge would have to sen- noted by the lawyers who appear before of the poisonous tree and the confes- tence within the sentencing guidelines, Judge Davis. One assistant U.S. attor- sion was bad as to the bank robbery. So 78 to 97 months. ney—a Federal prosecutor—was quoted even though the police officer wit- A bulk package of 2 kilograms of co- as saying: nessed the defendant threatening his caine would sell for anywhere from While Judge Davis is well-respected by the girlfriend, Judge Davis held the officer $20,000 to $50,000 on the street, depend- defense bar for his patience and open-minded did not have probable cause to arrest ing on the geographic region. Accord- approach to legal arguments, Assistant the defendant. Once again, Judge ing to the Sentencing Commission’s United States Attorneys are often frustrated Davis, however, was reversed by the 2007 Cocaine and Federal Sentencing by his rulings in criminal cases . . . and have Fourth Circuit. Policy Report, the average ounce of co- not hesitated to appeal. The judge’s troubling pattern of er- caine sold on the streets of America for Apparently they have been pretty rors in criminal cases is further re- $1,150 in 2005. If it is broken into 1- successful in their appeals. flected in United States v. Dickey-Bey. ounce packages for resale, the 2-kilo- This assistant U.S. attorney also said There the defendant was charged with gram package could sell for over that ‘‘some prosecutors believe Davis drug trafficking after he picked up $81,000. So this is not a little bitty deal. doesn’t trust . . . [the] police. . . .’’ packages that contained two kilograms That amounts to 10,000 to 20,000 dose Well, that is what I would say the of cocaine. Police had more than units. record seems to indicate. enough evidence against the defendant. I am baffled how anyone could think As a district court judge, Judge This is what they had: Before the pack- there was not a crime being com- Davis’ errors have been reviewed by the ages were mailed or when they were mitted, how there was not probable Fourth Circuit Court of Appeals. If he being mailed, a drug-sniffing dog de- cause to believe this individual was in- is elevated to that court, only the Su- tected the cocaine. The police then ob- volved in a crime. Once again, Judge preme Court will then be able to review tained a warrant, searched the pack- Davis was reversed by the Fourth Cir- his decisions. But the Supreme Court ages and discovered two kilograms of cuit Court of Appeals, fortunately; and, only hears a small fraction of cases cocaine in the package. The police then presumably, this case went on to trial. from the appellate courts and cannot resealed the packages and allowed the Judge Davis threw out yet another continually correct garden variety packages to continue through the mail, confession in the case of United States legal errors. apparently to their destination in v. Jamison. In that case, the defendant, If confirmed, Judge Davis will be the Maryland. That is what we call—and a convicted felon, shot himself. He shot final avenue of appeal for many liti- hundreds of thousands of police officers himself. He went to the hospital and gants. Of all the possible nominees who call—a controlled delivery. The cocaine called out to the police for help and could have been submitted to this is not allowed to get out on the street, confessed that it was his gun that he court, is this the one we believe would but they ship it. And let’s see who shot himself with. Well, he was a felon. be best? comes up to pick it up. This is a com- He could not have a gun. So the police Courts of appeal have great power mon police procedure. charged him with being a felon in pos- through their rulings and can create The defendant fit the description session of a firearm. serious problems for prosecutors. So I they had of the person who routinely Judge Davis, however, threw out his would say, just based on my review of picked up packages such as this from confession, his statement he made to the cases I have mentioned, Judge this specific mail box. At the time of the police based on the finding that the Davis’ decisions, if not reversed—fortu- his arrest, the defendant had keys in defendant made the statement while in nately, they were reversed—would have

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Now, President Obama has HAM, and Senator CORNYN—are not peo- He seems to ignore the requirement nominated Mr. Andre Davis, who has ple who are apt to give an easy pass to that an individual has to be in custody made very questionable rulings while somebody who is not qualified. by the police or be interrogated by the enjoying the support from the same In fact, he is a well-respected judge police before Miranda has to be given. Senators who opposed more qualified who has served for 14 years on the Fed- That is a fundamental principle of uni- candidates. eral bench as a district court judge; versal acceptance. But, apparently, the While I do not raise issue with Mr. and before that, 8 years as a Maryland judge is not one who follows that, and Davis’s character, I find his judicial State court judge. he has altered the standard for prob- record very troubling. His rulings have Then, for an impartial review of who able cause in a case that I think is been overturned by the Fourth Circuit this person is—not a partisan review troubling. numerous times. In over six different but an impartial review—the American So the types of mistakes Judge Davis cases, Mr. Davis was noted and re- Bar Association’s Standing Committee has made can indeed be a threat to versed by the Fourth Circuit because on the Federal Judiciary rated his public safety. Wasn’t it fortunate they he suppressed evidence. Because of his nomination ‘‘well-qualified.’’ That is arrested the man who threatened his rulings, criminals could and have been the highest rating they can give to girlfriend and then that he blurted out allowed to walk. The U.S. Supreme anybody. So there is no surprise Judge he committed a bank robbery? Aren’t Court only hears a limited number of Davis enjoys the strong support of his we happy? But if his ruling had been cases, which means that the final rul- home State Senators: Senator MIKUL- upheld, the effect of that would be to ing on many more cases are made at SKI and Senator CARDIN. In fact, Sen- tell every police officer if a person the U.S. Circuit Court of Appeals level. ator CARDIN chaired his confirmation threatens their girlfriend in the pres- It is clear that President Obama and hearing back on April 21, and he has ence of a police officer, they cannot my colleagues on the other side of the been a strong advocate for Senate ac- make an arrest. aisle care less about sending a good tion on his nomination. Our law enforcement officers work candidate to the Fourth Circuit bench While it is not surprising, it is none- hard under dangerous conditions to in- and more about pushing their own theless disappointing the Senate has vestigate crimes and to apprehend and agendas. After holding up several more been prevented from considering this lock up criminals, many of whom are qualified candidates for this position, nomination for 5 months by Republican dangerous, carry guns, threaten my colleagues in the majority insist on objections. I am not surprised because girlfriends, shoot themselves. It could appointing someone who was reported Senate Republicans began this year well have been somebody else who got out of the Judiciary Committee just 36 threatening to filibuster President shot. Yet the President is now seeking days after being nominated by Presi- Obama’s judicial nominations before he to elevate a judge who seems to have a dent Obama. I urge my fellow Senators had made a single one. They have fol- real personal bias against the work to oppose this nomination. Our justice lowed through with that threat by ob- that they do. He has nominated Judge system should not be compromised structing and stalling the process, de- Davis for elevation to the Court of Ap- over political agendas. laying for months the confirmation of peals for the Fourth Circuit—one step The PRESIDING OFFICER. The Sen- well-qualified, consensus nominees. below the U.S. Supreme Court. ator from Vermont. Last week, the Senate was finally al- I think he does seem to have, if not Mr. LEAHY. Madam President, I lowed to consider the nomination of a bias against, a lack of respect for came over here and listened to the de- Judge Irene Berger, who has now been clarity and consistency in the enforce- bate, and I was wondering just who was confirmed as the first African-Amer- ment of criminal justice, and his errors being considered. It is not the descrip- ican Federal judge in the history of tend consistently to favor the criminal tion I would have of Judge Andre Davis West Virginia. The Republican minor- defendant. of Maryland. I will, in a moment, go to ity delayed consideration of her nomi- I am sure this nominee is a fine man. that. nation for more than 3 weeks after it He has been on the bench a number of But, first, Madam President, I ask was reported unanimously by the Judi- years. I have nothing against him per- unanimous consent that upon con- ciary Committee. When her nomina- sonally. I am not questioning his integ- firmation of Executive Calendar No. tion finally came to a vote, it was ap- rity. But it does appear to me he has a 185, the Senate remain in executive ses- proved by an overwhelming vote of 97– cavalier or a lack of substantive com- sion and vote immediately on con- 0. That follows the pattern that Repub- mitment to get criminal justice mat- firmation of Executive Calendar No. licans have followed all year with re- ters right and has shown, by specific 471, the nomination of Charlene spect to President Obama’s nomina- rulings against police and prosecutors, Edwards Honeywell to be U.S. district tions. I expect Judge Davis to be con- that he could do harm on the court of judge for the Middle District of Flor- firmed by a bipartisan majority, but appeals. ida; that upon confirmation, the mo- only after a 5-month stall. So, Madam President, for the reasons tion to reconsider be considered made Last year, with a Democratic major- I have stated, I am reluctantly voting and laid upon the table; no further mo- ity, the Senate reduced circuit court against the nominee and would ask my tions be in order, and any statements vacancies to as low as 9 and judicial va- colleagues to consider doing the same. relating to the nomination be printed cancies overall to as low as 34, even I yield the floor. in the RECORD; the President be imme- though it was the last year of Presi- Mr. BUNNING. Madam President, diately notified of the Senate’s action, dent Bush’s second term and a presi- today I rise in opposition to the nomi- and the Senate then resume legislative dential election year. That was the nation of Mr. Andre M. Davis to the session. lowest number of circuit court vacan- U.S. Court of Appeals for the Fourth The PRESIDING OFFICER. Without cies in decades, since before Senate Re- Circuit. objection, it is so ordered. publicans began stalling Clinton nomi- This position has been vacant since Mr. LEAHY. Now, Madam President, nees and grinding confirmations to a 2000, despite the previous administra- let me tell you who Judge Andre Davis halt. In the 1996 session, the Repub- tion’s best efforts to nominate a quali- is because listening to this description, lican-controlled Senate confirmed only fied candidate. For example, President you would not recognize the person. 17 judges and not a single circuit court Bush nominated remarkable can- This is a nomination that should not nominee. Because of those delays and didates when he sent Mr. Rod Rosen- have taken the Senate 5 months to pocket filibusters, judicial vacancies stein before the Senate in 2007 for the consider—5 months—after it was re- grew to over 100, and circuit vacancies Fourth Circuit judgeship. At the time, ported by the Judiciary Committee on rose into the mid-thirties.

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Even though as Democrats we treat- since it was reported to the Senate in Throughout my chairmanship, I made ed President Bush far more fairly than June. sure to treat President Bush’s judicial they had treated President Clinton, Federal judicial vacancies, which had nominees better than Republicans had even though we tried to turn back the been cut in half while George W. Bush treated President Clinton’s nominees. clock from when there were 60 judges was President have already more than In fact, during the 17 months I chaired Republicans pocket-filibustered during doubled since last year. There are now the Judiciary Committee in President President Clinton’s time, even though 98 vacancies on our Federal circuit and Bush’s first term, we confirmed 100 of in 17 months Democrats confirmed 100 district courts, including 22 circuit his judicial nominees. At the end of his of President Bush’s nominations, it court vacancies. Justice should not be Presidency, although Republicans had looks as though, as far as President delayed or denied to any American be- run the Judiciary Committee for more Obama is concerned: President Obama cause of overburdened courts, but that than half his tenure, more of his judi- nominates them, then they have to is the likely result of the stalling and cial nominees were confirmed when I stall them. Rather than continued obstruction. Despite the fact that Senate Repub- was the chairman than in the more progress, we see Senate Republicans re- licans had pocket filibustered Presi- than 4 years when Republicans were in sorting to their bag of procedural dent Clinton’s circuit court nominees, charge. treats to delay and obstruct. They have Instead of building on that progress, ratcheted up the partisanship and seek Senate Democrats opposed only the Senate Republicans are intent on turn- to impose ideological litmus tests. most extreme of President Bush’s ideo- ing back the clock to the abuses they The obstruction and delays in consid- logical nominees and worked to reduce judicial vacancies. That had led to a re- engaged in during their years of resist- ering President Obama’s nominations duction in vacancies in nearly every ance to President Clinton’s moderate is especially disappointing given the circuit during President Bush’s admin- and mainstream judicial nomination. extensive efforts of President Obama to istration. One of the circuits where we The delays and inaction we are seeing turn away from the divisive approach succeeded in reducing vacancies was now from Republican Senators in con- taken by the previous administration. the Fourth Circuit, the circuit to sidering the nominees of another He has reached out to Members of both which Judge Davis has been nomi- Democratic President are regrettably parties to select mainstream, well- nated. familiar. Their tactics have resulted in qualified nominees. I have been at some of those meetings. I know the job After Senate Republicans had refused a sorry record of judicial confirmations to consider any of President Clinton’s he has done in reaching out to both this year—less than a handful—with 10 four Fourth Circuit nominees from judicial nominees currently stalled on Democrats and Republicans. In a recent column, Professor Carl North Carolina, vacancies on the the Senate Executive Calendar. Fourth Circuit had risen to five. All By November 9 in the first year of Tobias wrote about President Obama’s approach: four of President Clinton’s nominees the Presidency of George W. Bush, the from North Carolina to the Fourth Cir- Senate had confirmed 17 circuit and Obama has emphasized bipartisan out- reach, particularly by soliciting the advice cuit were blocked from consideration district court judges, four circuit court by the Republican Senate majority. nominees and 13 district court nomi- of Democratic and Republican Judiciary Committee members, and of high-level party These outstanding nominees included nees. By contrast, Judge Davis is only officials from the states where vacancies United States District Court Judge the second circuit court nomination arise, and by doing so before final nomina- James Beaty, Jr., United States Bank- Republicans have allowed to be consid- tions. Obama has gradually, but steadily, put ruptcy Judge J. Richard Leonard, Pro- ered all year. When his nomination is forward his nominees, typically naming a fessor Elizabeth Gibson, and North confirmed, it will only bring the total few on the same day. This approach com- Carolina Court of Appeals Judge James to five—less than one third of what we pares favorably with the approach of the two Wynn. Had either Judge Beaty or prior administrations, which often submitted had accomplished by this time in 2001. Judge Wynn been considered and con- I know because in the summer of 2001, large packages on the eve of Senate recesses, thus complicating felicitous confirmation. firmed, he would have been the first Af- I began serving as the chair of the Ju- To date, Obama has nominated 23 well-quali- rican-American judge appointed to the diciary Committee. We achieved those fied consensus candidates, who are diverse in Fourth Circuit. The failure to proceed results with a controversial and terms of ethnicity, gender and ideology. This on those nominations was never ex- confrontational Republican President is sufficient quantitatively and qualitatively plained. Indeed, Senate Republicans re- after a mid-year change to a Demo- to foster prompt confirmation. fused to consider any of President Clin- cratic majority in the Senate. We did I will ask that a copy of Professor ton’s highly qualified circuit court so in spite of the attacks of September Tobias’s column be printed in the nominations from any of its States in 11; despite the anthrax-laced letters RECORD following my statement. the Fourth Circuit during the last 3 sent to the Senate that closed our of- Professor Tobias makes this point years of his administration. That re- fices; and while working virtually well and it is substantiated by the bi- sulted in five continuing vacancies. around the clock on the PATRIOT Act partisan support from Republican What followed was an effort by Presi- for 6 weeks. By comparison, this year, home State Senators for the Presi- dent Bush to pack the Fourth Circuit the Republican minority has this year dent’s nominees. Indeed, since he made with ideologues. He nominated a polit- allowed action on only four judicial these observations the President has ical operative from Virginia for a va- nominations to the Federal circuit and nominated two North Carolinians for cancy in Maryland who was caught district courts. Judge Davis will be the vacancies on the Fourth Circuit after stealing from a local store and pleaded fifth, and only the second circuit court consulting with both Senator HAGAN guilty to fraud. There was his highly judge. and Senator BURR. controversial nomination of William Now we face this. Look at the chart His first nomination of Judge David ‘‘Jim’’ Haynes II to the Fourth Circuit I have in the Chamber. It is outrageous Hamilton of Indiana to the Seventh who as general counsel at the Depart- what is happening, the few nominees Circuit came to the Senate with the ment of Defense was an architect of they are allowing through. This is not strong endorsement of Senator LUGAR, many discredited policies on torture for lack of qualified nominees. There the senior Republican in the Senate. and who never fulfilled the pledge he are 10 such nominees who have been re- Senator LUGAR praised the ‘‘thought- made to me under oath at his hearing ported by the Judiciary Committee on ful, cooperative, merit-driven’’ process to supply the materials he discussed in the Senate Executive Calendar. Had he and Senator BAYH took in con- an extended opening statement regard- those nominations been considered in sulting on that nomination. Despite ing his role in developing these policies

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The administration also capital- productive approach to nominations in made easy for these two nominees’’ the ized on Vice President Joseph Biden’s four the Fourth Circuit. The editorial criti- same way when the heads of the Repub- decades of Senate Judiciary Committee ex- cized the administration for pursuing lican Party said they should block Eric perience in the nomination process. Accord- political fights at the expense of filling Holder for Attorney General, and they ingly, the selection group anticipated and vacancies. According to the Richmond did. They delayed him for weeks. Fi- carefully addressed contingencies that might Times-Dispatch: nally, when we did get to vote, he got arise when choosing judges. For example, it compiled ‘‘short lists’’ of excellent can- The president erred by renominating . . . more votes than any of the last four didates for possible Supreme Court vacan- and may be squandering his opportunity to Attorneys General. cies, should one arise. fill numerous other vacancies with judges of The Senate is finally being allowed Obama has emphasized bipartisan out- right reason. to consider Judge Davis’s nomination. reach, particularly by soliciting the advice President Bush insisted on nomi- He has had a long and distinguished of Democratic and Republican Judiciary nating and renominating Terrence legal career. During the last 14 years, Committee members, and of high-level party Boyle, despite the fact that as a sitting he served as Federal district judge in officials from the states where vacancies U.S. district judge and while a circuit Maryland. He has been a State judge. arise, and by doing so before final nomina- court nominee, Judge Boyle ruled on tions. Obama has gradually, but steadily, put He has been a Federal prosecutor. He forward his nominees, typically naming a multiple cases involving corporations received his bachelor’s degree from the few on the same day. This approach com- in which he held investments. Presi- University of Pennsylvania. He grad- pares favorably with the approach of the two dent Bush should have heeded the call uated cum laude with his JD from the prior administrations, which often submitted of North Carolina Police Benevolent University of Maryland School of Law, large packages on the eve of Senate recesses, Association, the North Carolina Troop- where he still teaches classes as an ad- thus complicating felicitous confirmation. ers’ Association, the Police Benevolent junct faculty member. To date, Obama has nominated 23 well-quali- Associations from South Carolina and I congratulate Judge Davis and his fied consensus candidates, who are diverse in Virginia, the National Association of terms of ethnicity, gender and ideology. This family on what I know will be his con- is sufficient quantitatively and qualitatively Police Organizations, the Professional firmation. I apologize to him for these to foster prompt confirmation. Fire Fighters and the Paramedics of unnecessary delays for such a very fine Often before, and invariably following, North Carolina. Law enforcement offi- man. I applaud the senior Senator from nominations, the administration and sen- cers from North Carolina and across Maryland, Ms. MIKULSKI, and my Sen- ators have cooperated. To facilitate approval the country opposed to the Boyle nomi- ate partner from Maryland, Mr. of nominees, Obama worked closely with nation. Civil rights groups opposed the CARDIN, a member of the Senate Judi- Senators Patrick Leahy (D-Vt.), the Judici- nomination. Those knowledgeable and ciary Committee, for their work. ary Committee chair, who schedules hear- ings and votes, and Harry Reid (D-Nev.), the respectful of judicial ethics opposed Madam President, I ask unanimous Majority Leader, who arranges floor consid- the nomination. Ultimately, President consent that a copy of the article by eration, and their GOP analogues, Senators Bush withdrew the Boyle nomination. Professor Tobias to which I referred be Jeff Sessions (Ala.) and Mitch McConnell I mention these ill-advised nomina- printed in the RECORD. (Ky.). tions because so many Republican par- There being no objection, the mate- Thus, the committee has swiftly assessed tisans seem to have forgotten the rea- rial was ordered to be printed in the nominees, with thorough questionnaires and sons these ideological nominations did RECORD, as follows: hearings and prompt votes. Indeed, Leahy convened hearings so fast that GOP members not proceed. WITH OBAMA PROCEEDING REASONABLY TO complained they lacked sufficient prepara- We did break the logjam in North FILL FEDERAL JUDGESHIPS, THE BOTTLE- tion time, and he quite reasonably responded NECK IS THE SENATE Carolina. I worked to break through with another session for a nominee. (By Carl Tobias) the impasse and to confirm Judge THE REAL PROBLEM HERE LIES MORE WITH THE Allyson Duncan of North Carolina to A growing drumbeat of commentary has GOP SENATE MINORITY THAN THE PRESIDENT recently criticized President Barack Obama the Fourth Circuit when President The Democratic panel majority, thus, has for not acting quickly enough to fill the 96 Bush nominated her. From the summer expedited review, but the Republican minor- present vacancies on the federal appellate of 2001 through 2002, I presided over the ity has delayed processing. For instance, it and district courts. However, as I shall ex- consideration and confirmation of routinely delays committee votes for a week plain, closer evaluation of the record com- three Fourth Circuit judges nominated with no or minimal explanation. piled by President Obama shows that these This recently happened with four Cali- by President Bush. And in the Presi- criticisms are actually unwarranted, and dential election year of 2008, one of the fornia District Court nominees, three of that responsibility should more properly be whom the panel then unanimously approved. final appellate court judges confirmed assigned elsewhere. In particular, blame And, last week, Senator Sessions held over by the Senate was another Fourth Cir- should now be placed at the Senate’s door. Virginia Supreme Court Justice Barbara cuit nominee. Despite the OBAMA’S APPROACH: GENERALLY A WISE AND Keenan, even though he had praised the ju- confrontational approach taken by GOOD ONE rist’s qualifications at her hearing two President Bush and additional retire- Many observers have voiced numerous weeks earlier and despite the fact that the ments on the Fourth Circuit, we ended criticisms of Obama Administration judicial U.S. Court of Appeals for the Fourth Circuit, up reducing the vacancies on the selection. Some have suggested that the to which she was nominated, desperately Fourth Circuit during the course of his President should nominate candidates more needs more judges, as the court is operating swiftly and in greater numbers. Others have with five of its 15 judgeships vacant. In fair- administration. criticized the nominees’ age (saying they are ness, yesterday, Sessions explained that Despite our good efforts, the right too old), experience (saying there are too Keenan’s responses to some GOP written wing seems intent on repeating its mis- many judges among them), and ideological questions were inadequate, but that she takes of the past and obstructing perspectives (saying they are too liberal or, promptly furnished more complete answers President Obama’s nominees to the in some instances, too conservative). A few that were satisfactory, again lauded the ju- Fourth Circuit. That appears to be why observers have also compared the number of rist as a ‘‘fine nominee,’’ and supported the Judge Davis has been delayed for nominees (23) whom Obama has submitted panel decision to vote her out without objec- months. That appears to be why they with the number (95) whom President George tion. W. Bush had submitted at the identical junc- The committee has approved 14 federal are resisting consideration of the nomi- ture of his administration. court nominees, and the real bottleneck has nation of Justice Barbara Keenan from Yet careful analysis of Obama’s record been Senate floor action. Of those 14 nomi- Virginia. And that appears to be why shows that these criticisms lack merit. Be- nees, only five have received floor debate and following the announcement last week fore Obama won the election, he had already confirmation; nine are pending without GOP

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27602 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 consent to consider them. Senator Reid has mately 4,300 cases that went to verdict In US v. Kimbrough, Judge Davis attempted to cooperate with Senator McCon- or judgment based on a trial or deci- said he accepts the appellate court’s nell and Republicans—but to no avail. For sion he made. My colleagues are focus- ruling rejecting his legal conclusion example, McConnell insisted that the Senate ing on just a handful of cases to argue consider no lower court nominees until it that the police permitted the defend- had confirmed Supreme Court Justice Sonia that Judge Davis should not be ele- ant’s mother to question him under Sotomayor, which delayed the process until vated to the Fourth Circuit. circumstances which the police September. While the number of reversals on couldn’t have done so without first ad- The unanimous consent procedure allows criminal evidentiary matters appear- ministering customary warnings. He one senator to stop the entire body, and ing in Judge Davis’s record that my agrees that warnings are required only anonymous holds have delayed specific colleague has mentioned is small, when official interrogation takes place, nominees’ consideration. Reid has been re- Judge Davis has directly addressed luctant to employ cloture, which forces but not when private interrogation votes, mainly because this practice wastes Senators’ questions related to each of takes place. valuable floor time. However, on Tuesday, these reversals, expressing his commit- In US v. McNeill, Judge Davis grant- Reid took the unusual step of invoking clo- ment to applying the law to the facts ed a motion to suppress the defendant’s ture to secure a floor vote on Southern Dis- impartially and fairly, while respecting confession on the grounds of an unlaw- trict of West Virginia Judge Irene Berger. the role of the appellate courts in our ful arrest. Judge Davis explained to the She is the third uncontroversial judicial judicial system and their decisions in committee that the principal issue be- nominee on whom Reid has been forced to all cases. Following his confirmation fore him was whether, for a seek cloture. Indeed, the GOP has ratcheted hearing in the Judiciary Committee in up the stakes with the unprecedented action warrantless misdemeanor arrest, the of placing holds on noncontroversial nomi- April, which I chaired, our committee fourth amendment required that the nees. reported him out favorably with a misdemeanor be committed in the offi- OBAMA’S NOMINATION RECORD THUS FAR IS strong bipartisan vote of 16 to 3. This cer’s presence. He concluded that the STRONG GIVEN UNUSUAL CIRCUMSTANCES overwhelming, bipartisan approval in- answer was ‘‘yes’’ in this case, and that The fact that Obama has nominated only dicates that Judge Davis is well-quali- no misdemeanor had been committed 23 persons thus far to fill federal judgeships fied to be a U.S. Circuit Judge for the in the officer’s presence as of the mo- is not attributable to the White House or the Fourth Circuit. Out of the 5,300 cases ment of arrest. While Judge Davis ex- Senate majority. Nor is the fact that of over which Judge Davis has presided, plained that the Fourth Circuit’s hold- these, the Senate has confirmed only four these six cases are hardly cause for the ing presented an argument and prece- lower court nominees. Justice David concern my colleagues have expressed. Souter’s May resignation meant that filling dent that had not been presented to his vacancy was a top priority, and that Later I want to also mention some him, he fully accepted the appellate process consumed three months, during criminal cases in which Judge Davis’s court’s ultimate ruling in this case. which lower court selection had to be tempo- stiff criminal sentences were upheld by In US v. Dickey-Bey, Judge Davis rarily frozen. The administration has, of the Fourth Circuit, along with convic- also suppressed evidence arising out of course, also encountered the ‘‘start-up’’ tions obtained after jury trials. How- the interception of cocaine by police costs of instituting a new government. Cabi- ever, to make the record clear, I will for lack of probable cause to arrest the net appointments consumed months, and the review in detail Judge Davis’s re- defendant. He has told us that he fully Senate has yet to confirm several Assistant sponses to some of the half a dozen accepts the appellate court’s rejection Attorneys General nominees and many of the 93 U.S. Attorney nominees. There has cases noted by my colleagues. of his legal conclusion that the evi- also been a pressing need for the Obama Ad- In US v. Bradley, Judge Davis accept- dence presented at the hearing on the ministration to address myriad intractable ed several plea agreements with the de- motion to suppress was insufficient, complications left by earlier administra- fendants, who ultimately pleaded and remains committed to adhering to tions, such as the deep, continuing recession; guilty but later, on appeal, argued that the fourth amendment requirement to Guantanamo; and the Iraq and Afghanistan their pleas were not voluntary because make commonsense assessments of ob- conflicts. the court impermissibly participated jective facts, taking into account the For all these reasons, recent criticisms of in pleas negotiations. The Fourth Cir- President Obama for submitting judicial totality of the circumstances. nominees too slowly are unfounded. Nor cuit did ‘‘not suggest that [Judge I found Judge Davis’s responses to should the Senate Judiciary Committee ma- Davis] improperly intended to coerce the Judiciary Committee’s questions jority be blamed: The panel majority has ex- involuntary guilty pleas,’’ but found about these six criminal cases to be pedited its nominee processing, but the mi- plain error and remanded the case for candid, honest, and forthright. Judging nority’s virtually automatic reliance on assignment to a different district by the overwhelming bipartisan sup- holds has caused some delay. The true bot- judge. Upon questioning by the com- port for his approval in the Judiciary tleneck, however, has been the nearly com- mittee, Judge Davis said that he be- Committee, so did many of my col- plete lack of floor consideration. Senate Republicans must stop delaying came involved with—but did not inter- leagues, on both sides of the aisle. floor action on the President’s well-qualified fere with the plea process—at the invi- Judge Davis has told us that in every nominees—nominees who typically have the tation and encouragement of defense case that has ever come before him, blessing of the relevant states’ senators. counsel. He ultimately concluded that and there have been over 5,300 of them, And, if Republicans in the Senate continue he shouldn’t have gotten involved with he has done his best to determine the to delay, Senate Democrats should invoke the process at all. He said he believed, facts and to apply the law to the facts cloture and related practices that will facili- with the benefit of hindsight, that his impartially and fairly. tate expeditious approval of Obama’s nomi- involvement in facilitating the guilty Indeed, among the 5,300 cases that nees. pleas in this case was inappropriate Judge Davis has presided over, he has a f and that the Fourth Circuit was cor- clear record of using a moderate and Mr. CARDIN. Madam President, I rect to say so. fair approach to criminal cases. He has would like to address the concerns In US v. Custis, Judge Davis granted presided over numerous important stated by the Senator from Oklahoma, the defendant’s motion to suppress evi- criminal trials that have resulted in Mr. COBURN, and the Senator from Ala- dence discovered in a residential search convictions affirmed by the Fourth Cir- bama, Mr. SESSIONS, about Judge on the grounds that the warrant was cuit, and he has also granted motions Davis’s record when it comes to crimi- defective and insufficient. The Fourth to suppress evidence obtained in viola- nal cases. His concerns seem primarily Circuit reversed, holding that probable tion of the rights of the accused. So rooted in six criminal case reversals cause supported the warrant. While let’s look at his record more broadly to that appear in Judge Davis’s record. As Judge Davis told the committee he get a clearer picture of his many years a Federal judge over the past 14 years, does believe he read the affidavit in a on the bench. Judge Davis has presided over approxi- common sense manner, he fully accepts For example, in US v. Ulrich, Judge mately 5,300 cases. Of that number, the appellate court’s ruling in this Davis handed down convictions for four Judge Davis has presided over approxi- case. defendants for mail fraud in connection

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He is the only person standing on the Fourth Circuit affirmed his convic- veterans bills the Republicans have this floor who has served longer in this tion handed down in a murder prosecu- held up. They are bills dealing with Senate than I have. I have been on that tion in US v. Gray. homeless veterans, among other committee for 35 years. These are As a Fourth Circuit Judge, Judge things. They are important pieces of things that are always done. Whether Davis has expressed that he will follow legislation. Four or five of them are it is a Republican majority or a Demo- the precedents of the Supreme Court being held up. We put those together cratic majority, they have always been and the circuit, and will continue to under rule XIV, and we are going to done, almost in a pro forma fashion. If apply the law to the facts of each case have a vote on them in the future. It is somebody wants to vote against it, impartially and fairly. His record as a a shame that on Veterans Day we are they can vote against it. But with all district judge clearly bears out this not legislating for the veterans, but we of the tremendous bipartisan work that commitment. have been held up doing lots of things. is done in the Appropriations Com- I thank my colleagues for supporting I hope we can work something out mittee—nobody has worked harder this nomination. with the Republicans so we can com- than the chairman of the Appropria- Mr. LEAHY. I yield back the remain- plete the Military Construction bill, if tions Committee. Nobody has worked der of my time and ask for the yeas not tomorrow, then on Monday, but we harder than he has to get a bipartisan and nays. are not going—this isn’t going to go bill to the floor. To have it delayed, es- The PRESIDING OFFICER. The ma- over for many hours. I have asked to pecially Military Construction, espe- jority leader. work something out. I hope we don’t cially matters that help our military Mr. REID. I will use some leader time have to file cloture on this bill. at a time when they desperately need here to explain to everyone where we I will tell everyone, I quite doubt it, to have that held up just makes no are. that I am going to file cloture on Mili- sense. I share the leader’s frustration. At 10 o’clock in the morning when we tary Construction. If the Republicans I want to note for the record that no- come into session, there will be a mo- don’t want us to do that bill, then we body has worked harder to get a bipar- ment of silence in honor of the soldiers will just do it some other time. It is tisan bill on the floor than the chair- and the civilians who were killed at Military Construction, an extremely man of the Senate Appropriations Fort Hood. important piece of legislation. In years Committee. In years past, that would I am working now with the Repub- past, we have done that bill in an hour. go through in no time at all. I cannot licans to see if we can come up with an I can remember when DIANNE FEIN- understand this kind of partisanship. agreement to finish Military Construc- STEIN and KAY BAILEY HUTCHISON were I yield the floor. Mr. REID. I say to my friend, the dis- tion. I would like to finish it tomor- managing that bill and we did that bill tinguished Senator from Vermont, I row. It appears that it may not be do- in an hour. Over the years—Senator didn’t see the chairman on the floor. able, but we are going to have votes to- LEAHY is on the floor, a longtime mem- Everything my friend from Vermont morrow unless we can work something ber of the Appropriations Committee— said about the Senator from Hawaii is out to complete the legislation on this was not something to send polit- true, and then multiply it by 10. Here is Monday. ical messages on. It was a bill to do a man who has lived the military—a If we can complete the legislation on something to help our military, to Medal of Honor winner, an amputee. Monday, the Military Construction leg- build new bases, new recreation facili- There is not a more bipartisan person islation, part of the agreement has to ties, to renovate and repair facilities in the whole body than Senator INOUYE be something with Judge Hamilton. around the world. So we have the situation here where from Hawaii. Here is a man who has waited since it doesn’t matter what we bring up, the In short, everyone here understand: April. We have agreed to give the Re- Republicans stall it for time. That is Monday, a week from tomorrow, no publicans all the time they want—if why Senator STABENOW has been here matter what happens tomorrow, we are they want 30 hours to talk about him with her charts indicating the—I think going to have votes in the morning. We beforehand or 5 hours before and we are up to 87 now, or something like have just a short week until Thanks- after—but we can’t work out anything that—things they have held up in this giving and we have a lot to do, includ- that satisfies them. So it appears we Congress. ing health care. can only do cloture, which is such a So I hope we can work something out I ask for the yeas and nays. shame. But that is fine. We are going so we don’t have to have votes tomor- The PRESIDING OFFICER. Is there a to have to work something out as an row, but I don’t need the permission of sufficient second? There is a sufficient agreement; otherwise, we will have to the Republicans to have votes tomor- second. have some votes tomorrow. I know we row. We can have votes on amendments The Senator from Alabama is recog- have on this side a couple of Senators that are offered by Democrats. nized. who, if there are no votes, would go We are going to have a moment of si- Mr. SESSIONS. Madam President, I down to Texas. We have KAY BAILEY lence. Everyone recognizes the tragedy also assume we will soon be voting on HUTCHISON, who is the manager of the of the event, and we want to be as posi- Judge Honeywell for the U.S. district bill, who will not be here, but there are tive as possible. court in Florida. I enjoyed the dialog I other people on the subcommittee who I hope we can work something out. I had with her during the confirmation could do the bill. I hope we can work have two Democrats who have indi- hearings. I was pleased to see good re- something out, but, as we have learned cated they want to go, both freshman sponses to questions for the record. She during this Congress, it is very difficult Senators, which doesn’t matter—they has served as an assistant public de- to work things out. have a right to go just as do senior fender and an assistant city attorney, We are going to have votes Monday, Members of the Senate—and three Re- an associate and partner in a law firm, a week from today, in the morning. Ev- publicans have indicated they would as well as both a county court judge eryone should understand that. Mon- like to go. I hope that is possible. They and a State circuit court judge. I will day, a week from today, we will have can go, I won’t stop them from going, be supporting her nomination. votes in the morning. We have to do but we may have votes. I wish to note that when I asked her that. The next week is Thanksgiving. Mr. LEAHY. Madam President, would about what role empathy should play We are going to get on health care the the Senator yield? in deciding cases, she said:

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Empathy does not play role in my consid- nominee would substitute his or her own lib- BYRD), the Senator from North Dakota eration of cases. Presently, I decide cases by eral or conservative philosophy for the law (Mr. DORGAN), the Senator from Massa- applying the law to the facts of the cases and the Constitution. chusetts (Mr. KERRY), and the Senator pending before me. If confirmed by the Sen- ‘‘It would be wrong for us to be a rubber from Florida (Mr. NELSON) are nec- ate to serve as a District Court judge, I will stamp for each nominee,’’ Sen. Jeff Sessions decide cases in the same manner. of Alabama, the senior Republican on the Ju- essarily absent. I would expect, as I did for President diciary Committee, said in a recent con- Mr. KYL. The following Senators are firmation dustup in the Senate. necessarily absent: the Senator from Clinton, to vote for well over 90 percent That sounds familiar. of the nominees who are submitted by After Mr. Estrada gave up, Sen. Edward M. Missouri (Mr. BOND), the Senator from the President. I hope to be able to do Kennedy, Massachusetts Democrat, said, North Carolina (Mr. BURR), the Senator that for President Obama. But I will ‘‘This should serve as a wake-up call to the from Georgia (Mr. CHAMBLISS), the Sen- say, for the reasons I gave earlier, I [Bush] White House that it cannot simply ex- ator from Texas (Mr. CORNYN), the Sen- must oppose Judge Davis. pect the Senate to rubber-stamp judicial ator from New Hampshire (Mr. GREGG), I ask unanimous consent that an ar- nominations.’’ the Senator from Texas (Mrs. The Republican stall at this point is fo- HUTCHISON), the Senator from Georgia ticle written by Larry Margasak from cused on two appellate court judges whose (Mr. ISAKSON), and the Senator from the Associated Press, dated Monday, nominations were sent by the Judiciary November 9, 2009, be printed in the Committee to the full Senate on June 4: Idaho (Mr. RISCH). RECORD. David Hamilton of Indiana, a U.S. district Further, if present and voting, the There being no objection, the mate- judge and nephew of former Democratic Rep. Senator from Texas (Mr. CORNYN) rial was ordered to be printed in the Lee H. Hamilton, chosen for the Chicago- would have voted ‘‘yea.’’ based appeals court. RECORD, as follows: Mr. Reid said he wants a vote on Judge The PRESIDING OFFICER (Mrs. DEMOCRATS HAVE SHORT MEMORY ON JUDGE Hamilton by Veterans Day. He’ll probably SHAHEEN). Are there any other Sen- NOMINEES need a supermajority of 60 to get one. ators in the Chamber desiring to vote? (By Larry Margasak) Judge Andre Davis, a district judge in Maryland, nominated for a seat on the appel- The result was announced—yeas 72, Ten months into Barack Obama’s presi- nays 16, as follows: dency, Democrats are accusing Republicans late court headquartered in Richmond. of creating ‘‘a dark mark on the Senate’’ by Mr. Sessions made it clear that his party [Rollcall Vote No. 342 Ex.] will put up a fight against confirming either. delaying confirmation of his federal court YEAS—72 nominees. He cited Judge Hamilton’s position in the The mark might not be as dark as Demo- late 1980s as a vice president for litigation Akaka Gillibrand Merkley crats make it seem. and board member of the Indiana chapter of Alexander Graham Mikulski Baucus Hagan Murkowski Of the 27 judicial nominations Mr. Obama the American Civil Liberties Union. Mr. Ses- sions also complained about Judge Hamil- Bayh Harkin Murray has made so far, all five brought up for votes Begich Hatch Nelson (NE) in the Senate have won relatively quick con- ton’s judicial rulings. Bennet Inouye Pryor firmations, including new Supreme Court ‘‘Instead of embracing the constitutional Bennett Johnson Reed Justice Sonia Sotomayor. standard of jurisprudence, Judge Hamilton Bingaman Kaufman Reid So what is this ‘‘dark mark’’ that Senate has embraced this ‘empathy’ standard, this Boxer Kirk Rockefeller Judiciary Committee Chairman Patrick J. ‘feeling’ standard. Whatever that is, it is not Brown Klobuchar Sanders Leahy, Vermont Democrat, talks about? law. It is not a legal standard,’’ Mr. Sessions Burris Kohl Schumer said. Cantwell Kyl Shaheen It’s primarily two federal judges—one from Cardin Landrieu Snowe Indiana, the other Maryland—who’ve been In Judge Davis’ case, Mr. Sessions made the delay sound like a payback to Demo- Carper Lautenberg Specter waiting five months for Senate Majority Casey Leahy Stabenow Leader Harry Reid, Nevada Democrat, to crats, although he denied that was his pur- Cochran LeMieux Tester bring their nominations for appeals court pose. Collins Levin Udall (CO) promotions to the Senate floor. ‘‘We have had a number of battles over the Conrad Lieberman Udall (NM) Republicans contend that the nominees are failure to fill some of the vacancies on that Corker Lincoln Voinovich activist judges, and Mr. Reid hasn’t forced court,’’ Mr. Sessions said, referring to stalls Dodd Lugar Warner of Mr. Bush’s nominees for the Richmond- Durbin McCain Webb the issue—although he said Wednesday that Feingold McCaskill Whitehouse he might do so by Veterans Day for at least based appeals court—once known for its con- servatism. Feinstein McConnell Wicker one of the nominees. Franken Menendez Wyden One other nominee has been waiting since Mr. Sessions said Republicans have a prob- Sept. 10. But seven others have been waiting lem with only one other current nominee be- NAYS—16 fore the Senate: Edward Chen, chosen for a from only one to five weeks. That’s not a Barrasso Ensign Sessions U.S. district court seat in California. But long time for the Senate, which prides itself Brownback Enzi Shelby as a deliberative body, and Republicans say Mr. Chen’s nomination was only approved by Bunning Grassley Thune they’re ready to vote on most of them. the committee on Oct. 15, hardly enough Coburn Inhofe Vitter Democrats have a record of their own that time to make the case for a stall. Crapo Johanns ‘‘Most of the nominees . . . will go through DeMint Roberts is far from being a bright light. Just three in an expeditious manner,’’ Mr. Sessions years ago, they were blocking votes on some said. He said Republicans are ready to sup- NOT VOTING—12 of President George W. Bush’s more conserv- port Beverly Martin, nominated for the At- Bond Cornyn Isakson ative judicial nominees. Burr Dorgan Kerry Several of Mr. Bush’s nominees waited for lanta-based appeals court, but Democrats have not scheduled a vote. Her nomination Byrd Gregg Nelson (FL) years—two years for eventual Supreme Chambliss Hutchison Risch Court Chief Justice John G. Roberts Jr. reached the full Senate Sept. 10. In the Senate’s five judicial confirmation when he was nominated for an appellate The nomination was confirmed. votes this year, only Justice Sotomayor gen- court post. erated significant Republican opposition, The PRESIDING OFFICER. Under Priscilla Owen waited through four years and she was approved 68–31. the previous order, the motion to re- of Democratic blocking tactics before she was confirmed for the New Orleans-based fed- Mr. SESSIONS. I thank the Chair consider is made and laid upon the eral appeals court. Miguel Estrada withdrew and yield the floor. table. his bid for an appellate seat after a Demo- The PRESIDING OFFICER. The (At the request of Mr. REID, the fol- cratic filibuster lasting more than two years. question is, Will the Senate advise and lowing statement was ordered to be As an institution that lets the minority consent to the nomination of Andre M. printed in the RECORD.) party use rules to block legislation and Davis, of Maryland, to be United States nominations, the Senate often acts as a fil- VOTE EXPLANATION ter for preventing the more politically stri- circuit judge for the Fourth Circuit? The yeas and nays have been ordered. ∑ Mr. KERRY. Madam President, I was dent bases of each party from tilting the ju- necessarily absent for the vote on the dicial branch too much one way or the other. The clerk will call the roll. Although moderate nominees win con- The assistant bill clerk proceeded to confirmation of Andre Davis to the firmation easily, both parties use what is es- call the roll. Fourth Circuit. If I were able to attend sentially the same argument to block or at Mr. DURBIN. I announce that the today’s session, I would have voted for least delay action on others: The particular Senator from West Virginia (Mr. his confirmation.∑

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This is a Burr Dorgan Kerry ceed to the consideration of the Honey- Byrd Gregg Nelson (FL) well nomination, which the clerk will tradition followed with Republican Chambliss Hutchison Risch Presidents and Democratic Presidents. report. The nomination was confirmed. The assistant legislative clerk read I congratulate Judge Honeywell and The PRESIDING OFFICER. Under the nomination of Charlene Edwards her family on her confirmation today. the previous order, the President will Honeywell, of Florida, to be United The PRESIDING OFFICER. The be immediately notified of the Senate’s States District Judge for the Middle question is, Will the Senate advise and action. District of Florida. consent to the nomination of Charlene f Mr. LEAHY. Madam President, Judge Edwards Honeywell, of Florida, to be (At the request of Mr. REID, the fol- United States District Judge for the Charlene Edwards Honeywell has been lowing statement was ordered to be nominated to serve on the U.S. District Middle District of Florida? printed in the RECORD.) Court for the Middle District of Flor- Mr. CONRAD. I ask for the yeas and ida. Judge Honeywell’s confirmation nays. VOTE EXPLANATION has been needlessly delayed. Judge The PRESIDING OFFICER. Is there a ∑ Mr. KERRY. Madam President, I was Honeywell is a longtime State judge, sufficient second? necessarily absent for the vote on the last appointed by former Republican There appears to be a sufficient sec- confirmation of Charlene Edwards Hon- Governor Jeb Bush. She was one of ond. eywell to be U.S. District Judge for the three district court nominees reported The clerk will call the roll. Middle District of Florida. If I were by the Judiciary Committee on Octo- The assistant legislative clerk called able to attend today’s session, I would ber 1 without dissent. Yet Senate con- the roll. have voted for her confirmation.∑ sideration has been delayed for 5 Mr. DURBIN: I announce that the f weeks. Senator from West Virginia (Mr. LEGISLATIVE SESSION After a 3-week wait, the Senate was BYRD), the Senator from North Dakota allowed to consider the nomination of (Mr. DORGAN), the Senator from Massa- The PRESIDING OFFICER. Under Roberto Lange, who was confirmed by chusetts (Mr. KERRY), and the Senator the previous order, the Senate will re- the Senate 100 to 0—unanimously—to from Florida (Mr. NELSON) are nec- sume legislative session. The Senator from Oklahoma. serve on the U.S. District Court for the essarily absent. District of South Dakota after 2 hours Mr. KYL. The following Senators are f of floor debate during which no Sen- necessarily absent: the Senator from MILITARY CONSTRUCTION, VET- ator spoke in opposition. After a 4- Missouri (Mr. BOND), the Senator from ERANS AFFAIRS, AND RELATED week wait, the Senate was allowed to North Carolina (Mr. BURR), the Senator AGENCIES APPROPRIATIONS ACT consider the nomination of Irene Cor- from Georgia (Mr. CHAMBLISS), the Sen- 2010—Continued nelia Berger, who was confirmed by a ator from Texas (Mr. CORNYN), the Sen- Mr. INHOFE. Madam President, it vote of 97 to 0 to serve on the U.S. Dis- ator from New Hampshire (Mr. GREGG), was my intention to ask unanimous trict Court for the Southern District of the Senator from Texas (Mrs. consent to lay the pending amendment West Virginia after an hour of floor de- HUTCHISON), the Senator from Georgia aside for consideration of amendment bate during which no Senator spoke in (Mr. ISAKSON), and the Senator from No. 2758. However, I will not make that opposition. After more than 5 weeks, Idaho (Mr. RISCH). request right now. It is my under- the Senate today finally considers the Further, if present and voting, the standing, however, and I ask unani- nomination of Judge Honeywell, and I Senator from Texas (Mr. CORNYN) mous consent, that I be recognized for expect a similar result. would have voted: ‘‘yea.’’ up to 7 minutes as in morning business. At the conclusion of the hearing to The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without consider these nominations, Senator any other Senators in the Chamber de- objection, it is so ordered. SESSIONS, the committee’s ranking siring to vote? Mr. INHOFE. Madam President, it is member, said: The result was announced—yeas 88, my intention to go ahead in the morn- It’s a great honor that you’ve been given to nays 0, as follows: ing and get this amendment in the be nominated and I expect things should go [Rollcall Vote No. 343 Ex.] queue. This amendment, No. 2758, is a forward in a timely manner. I don’t believe YEAS—88 simple, one-page amendment, and I that any of you need to be held up based on will read the amendment because there what I know at this time. So, we’d like to Akaka DeMint Lautenberg see you get your vote as soon as reasonably Alexander Dodd Leahy has been a lot of confusion as to what possible. Barrasso Durbin LeMieux is happening down at Guantanamo Baucus Ensign Levin I have been disappointed by Repub- Bay. Amendments have been intro- Bayh Enzi Lieberman duced to withhold funds from construc- lican delays in bringing these well- Begich Feingold Lincoln qualified, noncontroversial nominees Bennet Feinstein Lugar tion, to withhold the opportunities for to a vote in the full Senate. Bennett Franken McCain people to come to the United States, Bingaman Gillibrand McCaskill but this is a simple, one-page amend- Judge Honeywell first served as a Boxer Graham McConnell State court judge in 1994, and in 2001 Brown Grassley Menendez ment which states the following: was appointed by Gov. Jeb Bush to Brownback Hagan Merkley None of the funds appropriated or other- Bunning Harkin Mikulski serve as a State circuit court judge. wise made available by this act or any prior Burris Hatch Murkowski act may be used to construct or modify a fa- Her legal career also includes working Cantwell Inhofe Murray cility or facilities in the United States or its in private practice, serving as an as- Cardin Inouye Nelson (NE) territories to permanently or temporarily Carper Johanns Pryor sistant city attorney and as an assist- Casey Johnson Reed hold any individual who was detained as of ant public defender. She was unani- Coburn Kaufman Reid October 1, 2009, at Naval Station Guanta- mously rated ‘‘well-qualified’’ by the Cochran Kirk Roberts namo Bay. American Bar Association’s Standing Collins Klobuchar Rockefeller Some may ask: Why are we adding Conrad Kohl Sanders Committee on the Federal Judiciary, Corker Kyl Schumer another Gitmo amendment? Hasn’t ev- the committee’s highest rating. She re- Crapo Landrieu Sessions erything been covered by previous

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The answer is clearly no. proceed to the consideration of Cal- Over his 45 years of work he has gained In 2007, the Senate voted 94 to 3 on a endar No. 190, S. 1963, at a time to be a reputation as not only an excellent resolution declaring: determined by the majority leader fol- businessman, but also as a caring Detainees housed at Guantanamo should lowing consultation with the Repub- health professional to his community. not be released into American society, nor lican leader, and that when the bill is He has spent these many years pro- should they be transferred stateside into fa- considered, it be under the following viding his patients with a high degree cilities in American communities and neigh- limitations: That general debate on the of service which has not gone unno- borhoods. bill be limited to 60 minutes equally di- ticed. Then, on May 20, 2009, the Senate vided and controlled between the chair Clair Earl has a strong love for his passed my bipartisan amendment with and the ranking member of the Vet- family. His wife is the former Mildred Senator INOUYE to the war supple- erans’ Affairs Committee or their des- Meyer, and they were married in mental bill prohibiting the transfer, re- ignees; that the only amendments in Logan, UT. They have 11 children and lease or incarceration of Gitmo detain- order be six first-degree germane 50 grandchildren. All seven sons are ees in the United States or its terri- amendments, three each for the major- Eagle Scouts. Eight of the children and tories. It passed 90 to 6. ity manager or his designee, and Sen- seven of the spouses have served mis- Senator INOUYE stated: ator COBURN; that debate on each sions for the Church of Jesus Christ of We have not provided funding for the clo- amendment be limited to 40 minutes, Latter-day Saints. Earl should be sure of Guantanamo because the administra- equally divided and controlled in the proud of the job that he did as a parent tion has yet to produce a credible plan. usual form; that upon disposition of all raising these future leaders of the Unfortunately, the supplemental con- amendments and the use or yielding country. ference deleted that language, allowing back of all time, the bill as amended, if Earl’s values as a member of the detainees to be transferred or trans- amended, be read a third time and the Church of Jesus Christ of Latter-day ported to the United States for trial. Senate then proceed to vote on passage Saints are the solid foundation for his Then, in October of 2009, the Senate of the bill with no further intervening life and family. Clair has been a force voted 97 to 3 to pass the fiscal year 2010 action or debate. for much good among the LDS commu- Senate Defense appropriations bill that The PRESIDING OFFICER. Is there nity in northern Nevada. He has served included language that prevents fund- objection? as a bishop, a counselor in the Reno ing for any transfers, releases or incar- Mr. INHOFE. Reserving the right to Nevada Stake, and also as the church cerations of Gitmo detainees to the object, first of all, let me tell my good director of public affairs for northern United States through fiscal year 2010. friend from Hawaii that I personally Nevada. Currently, Clair Earl is serv- The bill is in conference now, and we have no objection to the bill; however, ing as the president of the Reno Ne- don’t know what is going to be hap- I have been informed there are Mem- vada Stake. This is a calling of great pening to it. bers on our side who want to work out magnitude, considering that President On October 28, 2009, the fiscal year something. They feel very confident Earl leads over 4,000 members of the Defense authorization and Homeland they will be able to work it out with church and does so without any pay or Security bills were signed into law that the Senator, but for the purpose of reimbursement for time. This great act would allow transfer of detainees 45 today, to this unanimous-consent re- of service is a tribute to the man that days after the President provides a quest, I have to object. President Earl is and the strength of The PRESIDING OFFICER. Objec- plan. his convictions to bless the lives of tion is heard. That is kind of where we are right others. Clair Earl is to be released from The Senator from Rhode Island is now. This amendment will put the this calling on November 15, 2009, after recognized. MILCON–VA bill into sync with pre- serving 9 years in this capacity. vious authorizations and appropria- f Brigham Young, prophet of the tions of the bill. So I will be trying to MORNING BUSINESS Church of Jesus Christ of Latter-day get this in and trying to get it passed. Mr. WHITEHOUSE. Madam Presi- Saints and former Governor of Utah, I will not go into any of the details. dent, I ask unanimous consent that we once said, ‘‘We want men to rule the I could probably talk for 3 hours on go into a period of morning business, nation who care more for and love bet- this floor, explaining why it is we with Senators permitted to speak for ter the nation’s welfare than gold and should not give up this valuable asset up to 10 minutes. silver, fame or popularity.’’ I feel con- called Gitmo. There is no place else to The PRESIDING OFFICER. Without fident that Clair Earl fits Young’s defi- send these people, and I cannot imag- objection, it is so ordered. nition of men who truly service this ine why there are some people, includ- f great Nation. I wish him all the best as ing the President, who seem to be bent he continues his service to the people on bringing those detainees into the TRIBUTE TO CLAIR EARL of northern Nevada. United States. They have tried Fort Mr. REID. Madam President, I wish f Leavenworth, they have tried Fort Sill today to honor Clair Earl for his serv- in Oklahoma, and some 31 States have ice to the people of Nevada. Very few TRIBUTE TO ROBERT LARSEN now passed legislation saying they are people enjoy the privilege of servicing BRAY not going to be in any of their facili- their community in both their profes- Mr. REID. Madam President, today I ties. So I don’t think it is going to hap- sional and personal pursuits. Yet Mr. wish before the Senate to honor Robert pen, but we need to get language in Earl has labored diligently for over 40 Larsen Bray. Although he is not a resi- there that is consistent to make sure years as a dentist and as an ecclesias- dent of my home State of Nevada, his we keep that resource open. tical leader in Reno. lifetime of service has been exemplary By the way, this is one of the rarer Clair was born in Overton, NV, and and is worthy of our attention. On Oc- resources that is very worthwhile. We raised on a farm in Moapa Valley. Clair tober 30, 2009, Bob officially retired have had this since 1907, and there is no graduated from the University of Ne- from his position as chief information place else in the world that is set up to vada—Reno, where he was the student officer for the Texas Department of both incarcerate and try detainees in a body president his senior year, and did Criminal Justice. This retirement military court. graduate studies at Brigham Young marks the end of a career in public With that, I yield the floor. University. Mr. Earl also has degrees service that has been nothing short of The PRESIDING OFFICER. The Sen- from Portland State University and monumental. ator from Hawaii is recognized. the University of Oregon Dental Bob was blessed to come from a won- UNANIMOUS-CONSENT REQUEST—S. 1963 School. derful family. Like me, Bob was born Mr. AKAKA. Madam President, I ask Professionally Clair Earl has prac- the son of a hard-working man who unanimous consent that the Senate ticed as a dentist in Reno since 1964. went to great lengths to provide for his

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Three of her Hance, the only politician ever to de- out fifteen pounds of a dirty, gelatinous- children went on to become out- feat former President George W. Bush looking substance. After which we cut standing educators, two of which did so in an election. through the fallopian tube, and extracted the in Nevada. My friend and Bob’s oldest As his career comes to an end, it is sac, which weighed seven pounds and one- brother, Lawrence, was a longtime safe to say that Robert Bray will not half. In five days I visited her, and much to resign himself to a life of golf and my astonishment found her making up her teacher in Las Vegas. bed. Together with his wife and best afternoon naps. Old habits cannot be Madam President, it is not just Mrs. friend, Maryann, Bob has raised a great broken, and Bob Bray is a worker. I Crawford who owes a debt of gratitude family of his own. Over their 43 years have no doubt that he will continue to to Dr. Ephraim McDowell. Indeed, be- of marriage they have raised nine chil- labor diligently to improve his commu- cause of his efforts and courage, the en- dren five girls and four boys. Their nity and to make life a little better for tire field of medicine made great ad- seven married children have provided those around him. I wish him all the vancements and society as a whole is the Brays with 20 grandchildren. Al- best in his retirement, and sincerely the better. With the bicentennial of though it was difficult at times to pro- hope that the next generation of Amer- this remarkable accomplishment soon vide and care for such a large family, icans contains a few Bob Brays. approaching, I thought it fitting for us the Brays fostered in their children an f to take a moment and remember this ardent work ethic and firm resolve to BICENTENNIAL OF DR. EPHRAIM man who Kentucky rightfully honors help their fellow man. I have witnessed MCDOWELL’S HISTORIC SURGERY with a place in the U.S. Capitol. firsthand the good they have bestowed Mr. MCCONNELL. Madam President, upon their children, as my legislative f the Commonwealth of Kentucky has correspondence manager, Vaughn Bray, COMMERCE, JUSTICE, SCIENCE many heroes. Yet only two have been is their eighth child. APPROPRIATIONS granted significant prominence to have Much like his father, Bob has worked ECONOMIC DEVELOPMENT ADMINISTRATION hard his whole life. At a young age he their likeness stand on permanent dis- play within the halls of the U.S. Cap- Mr. BROWN. Madam President, I learned to keep working until the job itol building. would like to engage my colleague, the was finished, an unpleasant notion The Great Compromiser, Henry Clay, Senator from New York, in a colloquy. when faced with the task of picking is one of those who have earned such I would first like to take this oppor- beets or cleaning irrigation ditches. As distinction. And the second statue rec- tunity to commend Senator MIKULSKI a man, Bob worked full-time at night ognizes the contributions of Dr. Ephra- and Senator SHELBY and their hard for the defense contractor Hercules in im McDowell to modern medicine. working staff for crafting a respon- order to pay for his education at the While his might not be a household sible, commonsense funding measure, University of Utah. Later, Bob would name, Dr. McDowell’s contribution to the Commerce, Justice, Science, and attain a master’s in public administra- surgical procedure is nonetheless mo- Related Agencies Appropriations Act, tion at Texas Tech University in much mentous, making him one of only two 2010. the same way. Kentuckians in history to be recog- I would like to highlight one piece of In order to provide for his family, nized in the Capitol. this bill, and that is the funding alloca- Bob’s work took him from Utah to It was 200 years ago that Dr. tion for the Economic Development Texas to New York to New Mexico and, McDowell performed the world’s first Administration. Madam President, the finally, back to Texas. He has worked successful ovariotomy. What Mrs. Jane country is facing the highest unem- in some form of government for over 25 Todd Crawford of Green County, KY, ployment rate we have seen in more years. Most notably, he served as the mistook for twins, Dr. McDowell cor- than 20 years. There are too many director of planning at Texas Tech Uni- rectly diagnosed as a 22-pound ovarian hard-working Americans without a versity in Lubbock, TX, and more re- tumor. paycheck. cently as chief information officer for Mrs. Crawford begged Dr. McDowell Mrs. GILLIBRAND. That is true in the Texas Department of Criminal Jus- to prevent her from dying a slow and my State, as I know it is in the Sen- tice in Huntsville, TX. painful death. The young doctor ex- ator’s. Last week, the Labor Depart- Throughout his life Bob has been a plained that her only option was to ment reported 263,000 more jobs lost in dedicated member of the Church of have experimental surgery, and he September, leaving 15.1 million work- Jesus Christ of Latter-day Saints. As a went further in explaining that none ers unemployed. The number of under- 19-year-old, he served as a missionary who had previously undergone such employed is even greater. in Canada under the direction of the surgery had survived. Undeterred, Mrs. Funds for EDA are critical to our current president of the LDS Church, Crawford pressed Dr. McDowell to per- economic recovery, especially funds for Thomas S. Monson. He has gone on to form the surgery and made the 60-mile Economic Adjustment Assistance, serve in the church as a branch presi- horseback ride to Danville, KY, on De- which is more flexible spending that dent, bishop, Stake president, and mis- cember 13, 1809. enables EDA to respond quickly and sion president in Nashville, TN. In By the end of the 25-minute proce- forcefully to regions hit with an eco- these years of retirement that are soon dure, which was performed without an- nomic catastrophe. to follow, Bob and Maryann are eager esthetic, Mrs. Crawford’s tumor had Mr. BROWN. I agree with Senator to continue to serve in any capacity been removed and she was able to make GILLIBRAND that the Economic Adjust- possible. Bob has stated that if he has an uncomplicated recovery. She would ment Assistance account is critical for his way, the Brays will serve 10 more go on to live another 32 years. In time, responding to sudden and severe eco- missions. Dr. McDowell would go on to perform nomic hardship in a region. One proven Although Bob had many duties at the nearly a dozen more such procedures, strategy for economic development in home, office, and church, he still found and his meticulous notes of performing these regions is business incubators. time to serve his community. He and a successful abdominal surgery would In Ohio, there are more than 30 busi- his wife labored as PTA presidents be reviewed and taught on two con- ness incubators that help foster re- while their children were in elemen- tinents. gional economic development and spur tary school. Bob has worked as a leader In those notes, he wrote about his small business expansion. Recent stud- in the Boy Scouts, as a board member first success: ies show that business incubators are

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.000 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27608 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 an effective public-private approach to prosecute individuals involved in the are not a part, do not recognize, and which that produces new jobs at a low cost to September 11, 2001, attacks in article they seek to destroy: the United States Con- the government. III courts. As I stated at the time of stitution. Mrs. GILLIBRAND. Yes, I thank the the vote, it would be a grave mistake We adamantly oppose prosecuting the 9/11 conspirators in Article III courts, which Senator. In fact, a 2008 study conducted to prosecute these detainees in civilian would provide them with the very rights for the Economic Development Admin- court instead of the newly revamped that may make it possible for them to escape istration found that for every $10,000 in military commissions. the justice which they so richly deserve. We EDA funds invested in business incuba- Two hundred forty-nine family mem- believe that military commissions, which tors, an estimated 47–69 local jobs are bers of the victims of the September 11 have a long and honorable history in this generated. In rural areas, business in- attacks wrote a letter in support of my country dating back to the Revolutionary cubator projects are the most effective amendment. They know better than War, are the appropriate legal forum for the type of EDA project. anyone that the attacks that took individuals who declared war on America. The National Business Incubation their loved ones were war crimes and With utter disdain for all norms of decency and humanity, and in defiance of the laws of Association, NBIA, estimates that in that criminalizing this war would be warfare accepted by all civilized nations, 2005 business incubators supported dangerous and unwise. these individuals targeted tens of thousands more than 27,000 start-up companies I would like to submit their letter in of civilian non-combatants, brutally killing providing full-time employment to support of my amendment for the 3,000 men, women and children, injuring more than 100,000 workers—generating record, and I would like to give a spe- thousands more, and terrorizing millions. more than $17 billion in annual rev- cial thanks to Debra Burlingame for We support Senate Amendment 2669 (pur- enue. her leadership on this issue. While I am suant to H.R. 2847, the Commerce, Justice, NBIA also points to research showing disappointed in the vote on this amend- Science Appropriations Act of 2010), ‘‘prohib- iting the use of funds for the prosecution in that every dollar of Federal funds de- ment, I hope that in the future we will Article III courts of the United States of in- voted to a business incubator generates heed the counsel of those who lost the dividuals involved in the September 11, 2001 approximately $30 in local tax revenue. most in the terrible attacks on our terrorist attacks.’’ We urge its passage by all Mr. BROWN. I was proud to introduce country—the family members of 9/11 those members of the United States Senate with the Senator the Business Incu- victims. who stood on the senate floor eight years ago bator Promotion Act last month, NOVEMBER 5, 2009. and declared that the perpetrators of these which defines the types of incubator U.S. SENATE, attacks would answer to the American peo- services proven to be most effective, U.S. Capitol, ple. The American people will not under- and targets Federal funds to the most Washington, DC. stand why those same senators now vote to DEAR SENATORS: On September 11, 2001, the allow our cherished federal courts to be ma- economically distressed regions. nipulated and used as a stage by the ‘‘mas- It is my understanding that the CJS entire world watched as 19 men hijacked four commercial airliners, attacking passengers termind of 9/11’’ and his co-conspirators to appropriations legislation provides $200 and killing crew members, and then turned condemn this nation and rally their fellow million to EDA, with $90 million of the fully-fueled planes into missiles, flying terrorists the world over. As one New York that to Economic Adjustment Assist- them into the World Trade Center twin tow- City police detective, who lost 60 fellow offi- ance. I would like to see an additional ers, the Pentagon and a field in Shanksville, cers on 9/11, told members of the Department $20 million in this account to promote Pennsylvania. 3,000 of our fellow human of Justice’s Detainee Policy Task Force at a the revitalization of economically dis- beings died in two hours. The nation’s com- meeting last June, ‘‘You people are out of mercial aviation system ground to a halt. touch. You need to hear the locker room tressed communities and encourage the conversations of the people who patrol your development of business incubators. Lower Manhattan was turned into a war zone, shutting down the New York Stock Ex- streets and fight your wars.’’ This increase would mean jobs—for change for days and causing tens of thou- The President of the United States has Ohio, New York, and for other States sands of residents and workers to be dis- stated that military commissions, promul- with high unemployment. placed. In nine months, an estimated 50,000 gated by congressional legislation and re- Mrs. GILLIBRAND. I understand the rescue and recovery workers willingly ex- cently reformed with even greater protec- administration would also like to see posed themselves to toxic conditions to dig tions for defendants, are a legal and appro- these funds increased. In fact, in the out the ravaged remains of their fellow citi- priate forum to try individuals captured pur- Statement of Administration Policy zens buried in 1.8 million tons of twisted suant the 2001 Authorization for the Use of Military Force Act, passed by Congress in re- issued for the CJS Appropriations steel and concrete. The American people were rightly out- sponse to the attack on America. Neverthe- measure, the administration urges raged by this act of war. Whether the cause less, on May 21, 2009, President Obama an- Congress to provide increased funding was retribution or simple recognition of our nounced a new policy that Al-Qaeda terror- to fully implement the administra- common humanity, the words ‘‘Never For- ists should be tried in Article III courts tion’s proposals to promote regional in- get’’ were invoked in tearful or angry rec- ‘‘whenever feasible.’’ novation clusters and create a business titude, defiantly written in the dust of We strongly object to the President cre- incubator network. Ground Zero or humbly penned on makeshift ating a two-tier system of justice for terror- Mr. BROWN. I would like to join Sen- memorials erected all across the land. The ists in which those responsible for the death country was united in its determination that of thousands on 9/11 will be treated as com- ator GILLIBRAND in working with Sen- these acts should not go unmarked and mon criminals and afforded the kind of plat- ator MIKULSKI and Senator SHELBY in unpunished. inum due process accorded American citi- boosting these funds. Now more than Eight long years have passed since that zens, yet members of Al Qaeda who aspire to ever, Congress must give EDA the tools dark and terrible day. Sadly, some have for- kill Americans but who do not yet have to help entrepreneurs drive the eco- gotten the promises we made to those whose blood on their hands, will be treated as war nomic revitalization of towns, cities, lives were taken in such a cruel and vicious criminals. The President offers no expla- and regions all across Ohio, New York, manner. nation or justification for this contradiction, and the country. The CJS Appropria- We have not forgotten. We are the hus- even as he readily acknowledges that the bands and wives, mothers and fathers, sons, 9/11 conspirators, now designated tions is an important step, one upon daughters, sisters, brothers and other family ‘‘unprivileged enemy belligerents,’’ are ap- which to build. members of the victims of these depraved propriately accused of war crimes. We be- Again, I commend the work of Sen- and barbaric attacks, and we feel a profound lieve that this two-tier system, in which war ator MIKULSKI and Senator SHELBY and obligation to ensure that justice is done on criminals receive more due process protec- look forward to working with them to their behalf. It is incomprehensible to us tions than would-be war criminals, will be increase funding for EDA in con- that members of the United States Congress mocked and rejected in the court of world ference. would propose that the same men who today opinion as an ill-conceived contrivance refer to the murder of our loved ones as a aimed, not at justice, but at the appearance AMENDMENT NO. 2669 ‘‘blessed day’’ and who targeted the United moral authority. Mr. GRAHAM. Madam President, I States Capitol for the same kind of destruc- The public has a right to know that pros- am disappointed that on November 5, tion that was wrought in New York, Virginia ecuting the 9/11 conspirators in federal 2009, the Senate voted to table my and Pennsylvania, should be the bene- courts will result in a plethora of legal and amendment to prohibit the use of funds ficiaries of a social compact of which they procedural problems that will severely limit

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None of the 9/11 con- obscene aspect of giving Constitutional pro- spirators were given the Miranda warnings tections to those who planned the attacks SIGIR’s productivity is notable. It mandated in Article III courts. Prosecutors with the intent of inflicting maximum terror has submitted 23 quarterly reports to contend that the lengthy, self-incriminating on their victims in the last moments of their Congress and published 4 ‘‘lessoned tutorials Khalid Sheikh Mohammed and oth- lives will be the opportunities this affords learned’’ reports, including the com- ers gave to CIA interrogators about 9/11 and defense lawyers to cast their clients as vic- prehensive account entitled ‘‘Hard Les- other terrorist operations—called ‘‘pivotal tims. sons: The Iraq Reconstruction Experi- for the war against Al-Qaeda’’ in a recently Khalid Sheikh Mohammed and his co-con- ence.’’ It has issued 155 audit reports, released, declassified 2005 CIA report—may spirators are asking to plead guilty, now, be- 159 project assessments, inspections, be excluded in federal trials. Further, unlike fore a duly-constituted military commission. and 96 limited onsite assessments. military commissions, all of the 9/11 cases We respectfully ask members of Congress, SIGIR’s staff in Baghdad and Arling- will be vulnerable in federal court to defense why don’t we let them? ton, VA, produces timely, useful re- motions that their prosecutions violate the Respectfully submitted, Speedy Trial Act. Indeed, the judge presiding (Signed by 249 Family members). porting to program managers, senior Department leadership, and Congress. in the case of Ahmed Ghailani, accused of f participating in the 1998 bombing of the Its quarterly reports present a com- American Embassy in Kenya, killing 212 peo- IRAQ RECONSTRUCTION prehensive, closely documented, snap- ple, has asked for that issue to be briefed by Mr. LIEBERMAN. Madam President, shot of the reconstruction effort and the defense. Ghailani was indicted in 1998, I wish to commemorate the sixth anni- conditions on the ground to provide captured in Pakistan in 2004, and held at context for understanding progress, or Guantanamo Bay until 2009. versary of what is known today as the Office of the Special Inspector General lack of progress, in Iraq’s reconstruc- Additionally, federal rules risk that classi- tion. In recent quarters, reports have fied evidence protected in military commis- for Iraq Reconstruction. Six years ago, sions would be exposed in criminal trials, re- on November 6, 2003, President Bush included province-by-province descrip- vealing intelligence sources and methods and signed Public Law 108–106, the Emer- tions of the status of reconstruction compromising foreign partners, who will be gency Supplemental Appropriations and the pace of political change. The unwilling to join with the United States in Act for Defense and for the Reconstruc- audit and inspections groups work in future secret or covert operations if doing so tion of Iraq and Afghanistan. The re- ‘‘real time,’’ so that managers can im- will risk exposure in the dangerous and hos- construction effort at the time was prove processes quickly, often before tile communities where they operate. This reports are formally published. poses a clear and present danger to the pub- under the direction of the Coalition Provisional Authority, CPA, and Con- SIGIR’s reviews have been extremely lic. The safety and security of the American useful to both the administration and people is the President’s and Congress’s gress, appropriately, provided for an Congress in assessing the many chal- highest duty. Inspector General of the Authority to lenges of the reconstruction. The per- Former Attorney General Michael oversee the CPA’s expenditures. formance by the SIGIR office has also Mukasey recently wrote in the Wall Street As the administration moved toward been recognized by the Council of In- Journal that ‘‘the challenges of terrorism ending the CPA and transferring sov- trials are overwhelming.’’ Mr. Mukasey, for- spectors General on Integrity and Effi- ereignty back to the Iraqi people merly a federal judge in the Southern Dis- ciency, formerly the President’s Coun- through its interim government, it be- trict of New York, presided over the multi- cil on Integrity and Efficiency, PCIE, came clear that it was important to defendant terrorism prosecution of Sheikh for demonstrating integrity, deter- maintain oversight of the multiagency Omar Abel Rahman, the cell that attacked mination and courage in providing the World Trade Center in 1993 and conspired reconstruction effort underway in Iraq. independent oversight and unbiased re- to attack other New York landmarks. In ad- In Public Law 108–375, the Ronald W. view of U.S. reconstruction efforts in dition to the evidentiary problems cited Reagan National Defense Authoriza- above, he expressed concern about court- Iraq, and for exemplifying the highest tion Act for fiscal year 2005, Congress ideals of government services as envi- house and jail facility security, the need for decided to redesignate the CPA IG as anonymous jurors to be escorted under sioned by the tenets of the Inspector armed guard, the enormous costs associated the Special Inspector General for Iraq General Act. with the use of U.S. marshals necessarily de- Reconstruction, or SIGIR, with respon- SIGIR’s auditors and investigators ployed from other jurisdictions, and the dan- sibility for reviewing programs funded carry out their work under dangerous ger to the community which, he says, will with amounts appropriated or other- and difficult circumstances. Its em- become a target for homegrown terrorist wise made available for the Iraq Relief ployees in Baghdad, in addition to sympathizers or embedded Al Qaeda cells. and Reconstruction Fund. Finally, there is the sickening prospect of being separated from their families and The law provided, uniquely at the living under difficult conditions, are men like Khalid Sheikh Mohammed being time, that the SIGIR report directly to brought to the federal courthouse in Lower subject to considerable physical dan- Manhattan, or the courthouse in Alexandria, both the Secretary of Defense and the ger. Five have been wounded by indi- Virginia, just a few blocks away from the Secretary of State, and that its quar- rect fire. Today I would especially like scene of carnage eight years ago, being given terly reports be sent directly to the to pay tribute to SIGIR auditor Paul a Constitutionally mandated platform upon Congress. Converse, who died of wounds sustained which he can mock his victims, exult in the As the reconstruction effort for Iraq in the Easter 2008 rocket attack on suffering of their families, condemn the grew in complexity Congress asked Baghdad’s International Zone. Mr. Con- judge and his own lawyers, and rally his fol- SIGIR to review additional funding verse made the ultimate sacrifice in lowers to continue jihad against the men and streams; it is now responsible for re- women of the U.S. military, fighting and service to his country. dying in the sands of Iraq and the mountains viewing ‘‘all funds appropriated or oth- As my colleagues know, the recon- of Afghanistan on behalf of us all. erwise made available for the recon- struction effort in Iraq suffered ini- There is no guarantee that Mr. Mohammed struction of Iraq.’’ tially from uncoordinated and insuffi- and his co-conspirators will plead guilty, as Since SIGIR reviews reconstruction cient planning and has been character- in the case of Zacarias Moussaoui, whose funds expended by all agencies, it can ized too often by poor contract over- prosecution nevertheless took four years, compare the effectiveness of different sight. The security situation in Iraq and who is currently attempting to recant agencies’ practices and approaches to also increased the complexity of exe- that plea. Their attorneys will be given wide related problems. In addition, the fre- latitude to mount a defense that turns the cuting reconstruction projects. From trial into a shameful circus aimed at vili- quent reorganizations of the recon- its audits of specific projects such as fying agents of the CIA for alleged acts of struction effort and the widespread the Basrah Children’s Hospital and the ‘‘torture,’’ casting the American government pattern of having some agencies carry Mosul Dam, to its broad reviews of the- and our valiant military as a force of evil in- out work on behalf of others has made matic issues such as human capital

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The Staff School, Command and General struction. organization has been a leader in advo- Staff College, and the Army War Col- So today I salute all the hard-work- cating for low taxes, less government, lege where he completed his master of ing current and former staff of SIGIR, multiple use, and most of all private strategic studies. SIGIR’s long-serving Deputy Inspector property rights for generations. The Brigadier General Arnold is presently General, Ginger Cruz, and, of course, Wyoming Farm Bureau Federation pro- assigned as the deputy commanding Stuart Bowen, who has ably served as vides organization, resources, and serv- general of the U.S. Army Reserve 81st the Special Inspector General for 6 ice to our agriculture community. Regional Support Command at Fort years. Their work has been extremely Among the strengths of the Wyoming Jackson, SC. He is also the president influential on the evolution of recon- Farm Bureau Federation is the organi- and chief executive officer of GSE, struction efforts in Iraq, and undoubt- zation of the Farm Bureau Young which is a $500 million multinational edly will help inform future U.S. relief Farmers & Ranchers Program. This manufacturing firm. He has dem- and reconstruction efforts. Their ef- program provides resources and leader- onstrated that he is a ‘‘Warrior-Cit- forts are greatly appreciated by this ship for men and women beginning izen’’ who is equally committed to the Senator. their careers in agriculture. The pro- defense of our great Nation and the ad- f gram is laying the foundation for fu- vancement of his community. I applaud LAND AND WATER CONSERVATION ture leaders in Wyoming agriculture his commitment to public service as AUTHORIZATION AND FUNDING and our rural communities. well as his commitment to his commu- ACT Wyoming Farm Bureau Federation nity. serves as a reliable source of agri- The State of Ohio and all Americans Mr. BAUCUS. Madam President, I culture and business information in congratulate Brigadier General Arnold rise today to speak about legislation Wyoming. Many in Wyoming turn to for his tireless dedicated duty to pro- that I introduced on Friday with Sen- Wyoming Farm Bureau Federation as tect freedom, ensure liberty, and de- ator BINGAMAN—the Land and Water the source for up-to-date agricultural fend the principles of the United Conservation Authorization and Fund- news. The organization provides timely States. Leaders like Brigadier General ing Act of 2009—which would establish Arnold will ensure the United States permanent funding for the Land and information and valuable insight into current issues facing Wyoming and will continue to prosper as the world’s Water Conservation Fund. This bill greatest Nation. makes it certain that the funds avail- America. Wyoming Farm Bureau Federation I want to extend congratulations and able in the Land and Water Conserva- my sincere regards and best wishes to tion Fund—LWCF—are not subject to members will celebrate 90 years of service at their annual meeting this Brigadier General Arnold and his fam- the annual whims of Congress, but in- ily in honor of his promotion.∑ stead that these funds are available at week in Casper, WY. They will remem- a steady, reliable, certain level that ber the pioneer spirit that brought to- f will allow us to protect land and water gether farmers and ranchers from Wyo- REMEMBERING MAYOR GEORGE well into our future. ming’s counties 90 years ago. The fore- MURRAY SULLIVAN sight of those early members has al- For over 30 years, the LWCF has been ∑ Mr. BEGICH. Madam President, I lowed the Wyoming Farm Bureau Fed- used to purchase lands from willing wish to commemorate the life of a very eration to be the leading agriculture sellers for the purposes of conserva- special resident of my home State of organization that it is today. tion. It is authorized at a spending Alaska, former Anchorage Mayor Wyoming Farm Bureau Federation level $900 million per year. However, George Murray Sullivan. Congress has rarely approved the full has led the way to preserve individual Mayor George Murray Sullivan $900 million, and appropriations have freedoms and expand opportunities in passed away September 23, 2009, after varied widely. The result is a program agriculture for 90 years. I recognize an extended battle with lung cancer. that sometimes moves forward in fits this important milestone, and I wish Mayor George Sullivan was the em- and starts rather than with a con- the organization and all of its members bodiment of a true Alaskan. He was sistent level of investment from year future success. born and raised in Valdez, honorably to year. f served in our Nation’s Army, and as- Even with this situation, the LWCF ADDITIONAL STATEMENTS sisted with the completion of the only is an incredibly successful and impor- road leading out of our State, the Alas- tant program for our land conservation ka Highway. As a devoted public serv- needs. In Montana, the LWCF has fund- TRIBUTE TO BRIGADIER GENERAL ant, Mr. SULLIVAN served in the Alaska ed the acquisition of key treasures MARK C. ARNOLD Legislature and as mayor of Anchor- such as the Sun Ranch in Madison ∑ Mr. VOINOVICH. Madam President, I age. Today, Alaskans are grateful to County and the Iron Mask Ranch in this remarkable man for his guidance Broadwater County. We have areas all wish to recognize the promotion of U.S. Army Reserve BG Mark C. Arnold. and pioneering spirit. over Montana in the pristine eco- On behalf of his family and his many system of the Rocky Mountain Front On November 14, 2009, Mark Arnold will be promoted to brigadier general. friends I ask we honor George Sulli- that are standing in line, just waiting van’s memory. I ask his obituary, pub- for LWCF funds to be available. He has more than 32 years of military service including time served in Af- lished September 27, 2009, in the An- We cannot afford to wait any longer. chorage Daily News, be printed into We need to take steps today, this Con- ghanistan and Iraq. He was commis- sioned a distinguished military grad- the RECORD. gress, to fix this long-standing problem The information follows: and establish permanent funding for uate and holds a bachelor of science de- the LWCF to protect Montana’s re- gree from Ohio University, my alma [From the Anchorage Daily News, Sept. 27, 2009] sources well into the future. mater, and he also holds a master of Anchorage Mayor George Murray Sullivan, f business administration degree from Cleveland State University. 87, died Sept. 23, 2009, surrounded by his fam- ily after a long battle with lung cancer. A fu- WYOMING FARM BUREAU Brigadier General Arnold began his FEDERATION neral Mass will be celebrated at 11 a.m. Sat- military career as an infantryman and urday at Our Lady of Guadalupe Catholic Mr. BARRASSO. Madam President, I has completed the airborne course, Church. Burial will be at the Anchorage Me- wish to recognize the Wyoming Farm jumpmaster course, pathfinder course, morial Cemetery. George was born March 31,

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George was never one vey was the U.S. district marshal and moth- to stay still for too long and remained active until his retirement in 2001. er Viola was the first woman mayor in Alas- in community and state boards up until his Myron had so many wonderful quali- ka. George had a wonderful life as a kid in illness in 2008. ties that came through in his work. He Valdez, playing many sports, engaging in Over the years he was active on the Enstar was very wise, and he was absolutely school activities and helping at the family board, AWWU, state PERS board, Anchorage fairminded, refusing to play favorites store. In 1937, at the age of 15, George was Senior Center Endowment, TOTE Advisory in the courtroom or be swayed by out- hired at the Kennecott Mine, although the Board, Military Advisory Board, Anchorage side opinion. He was an example for us Wellness Court Alumni Group, Alaska Heart hiring age at the time was 16. He was strong all, and I am so glad that he was able and eager, so he was put to work on the Association, Boys and Girls Clubs and many tram. He navigated 750-pound ore buckets off more. He was always willing to lend a help- to serve the State he loved so well for the tram and into the grizzly crusher for 10 ing hand to make Anchorage a little better so many years. I was fortunate to know hours a day, seven days a week. He once esti- for those less fortunate or in need. He had a him, and Wisconsin is fortunate to mated that he put in about 17 miles a day on strong faith in the Roman Catholic Church have benefited from his lifetime of the job. In 1938, George drove trucks for the and often assisted at Mass and in the service and his commitment to the Alaska Road Commission and hauled equip- church’s organizations, the Knights of Co- public good. He will be greatly missed.∑ ment and supplies to the workers active in lumbus and Knights and Ladies of the Holy f the Richardson Highway construction Sepulcher. He was a member of the Elks project. Club, the Veterans of Foreign Wars and the TRIBUTE TO LORRAINE ANDERSON Pioneers of Alaska. George had an incredible He worked with the military troops to get ∑ Mr. UDALL of Colorado. Madam the Alaska Highway completed and trans- love for the community and worked on many ported military equipment to the Tanacross projects to enhance the quality of life for all President, I wish to pay tribute to a airport for Bob Reeve to fly to the outlying who called Anchorage home. dedicated public servant, Ms. Lorraine bases. In July 1944, George was drafted into He was a true public servant and visionary Anderson, who on November 9, 2009, is the U.S. Army for two years and was sta- who strived to make Anchorage a better stepping down after 24 years on the Ar- tioned at Adak in the Aleutian Islands. He community for future generations while he vada City Council. married the love of his life, Margaret Eagan was mayor and during his retirement. Lorraine has been a dedicated public Sullivan, on Dec. 30, 1947, and moved to George’s family said: ‘‘Dad was blessed with servant who has served her community a kind and generous heart. He and Mom gave Nenana. George was the U.S. deputy marshal of Arvada, CO, in innumerable ways and Margaret was the U.S. commissioner. so much to their family and community. Dad Aptly, George would catch the criminals and had a wonderful way with people. He was a and has developed a reputation across Margaret would try them. In 1952, George great Alaskan with an Irish charm and the Denver metropolitan area as a worked for Al Ghezzi’s Alaska Freight Lines, humor that would put people at ease when leader in the best tradition of biparti- trucking supplies to the DEW Line on the they met him. He and Mom traveled exten- sanship and local government service. first ice road to the North Slope. He worked sively and held lifelong friendships that Her experience and influence have also for Garrison Fast Freight. spanned the globe. He loved people and never been recognized at the national level. In 1955, he was elected to the Fairbanks forgot a name or face.’’ George is survived by his sons, Timothy, I got to know Lorraine while working City Council. George took a job in manage- on issues related to the cleanup and ment with Consolidated Freightways and in Daniel (Lynnette), Kevin, George Jr., Mi- 1959 moved the family to Anchorage, where chael and Casey (Paige); and daughters, Col- closure of the Rocky Flats nuclear he lived for the next 50 years. In 1964, he was leen (Ted Leonard) and Shannon (Chris- weapons facility near Arvada when I appointed by Gov. Bill Egan to fill a vacant topher Adams). He is also survived by grand- was a Congressman representing this seat in the Alaska State Legislature. He was children, Tim (Terrill), Conor (Carey), Cath- area of Colorado. While she was a in Juneau when the 1964 earthquake oc- erine and Moira Sullivan and their mother, strong advocate for a thorough cleanup curred; Margaret was at home in Anchorage Susan; grandchildren, Kelly, Patrick (Julie) of this site and a defender of the inter- with seven children. George spent many ago- and Erin Sullivan and their mother, Jean; grandchildren, Jennifer Sullivan; Matthew, ests of Arvada, she also worked in a nizing hours trying to get on a plane home to collaborative spirit that was informed his family. George finished his term in the Adam, Molly and Bridget Glenn; Jared Leon- Legislature and, in 1965, was elected to the ard; Declan and Shane Adams, and Tierney by heavy doses of practical common Anchorage City Council. In 1967, he ran a and Parker Sullivan; and six great-grand- sense. As many of my colleagues will successful race to become Anchorage mayor, children with one on the way. His is also sur- recognize, these cleanups can be com- a position he would hold for 15 years. An- vived by sisters-in-law, Pat Franklin and plex and the process full of acronyms chorage grew fast during those years, Marge Eagan of Fairbanks; and many nieces and scientific jargon. Lorraine would spurred in large part by the oil boom. In 1975, and nephews. George was preceded in death make sure that regulators and State voters approved the unification of Anchor- by his parents, Harvey and Viola Sullivan; sisters, Marion and Lillian; son, Harvey; and and Federal officials spoke to the pub- age’s city and borough governments and lic in plain English. She prized under- elected George its mayor. The creation of Margaret, his wife of 59 years.∑ standing and workable solutions in the the Municipality of Anchorage was an in- f credible undertaking. As mayor, George suc- very complicated process of securing cessfully merged the duplicative depart- REMEMBERING MYRON GORDON local agreement on the cleanup proc- ments, boards, utilities. etc., into one gov- ∑ Mr. FEINGOLD. Madam President, it ess. ernment. After unification, the state was is with great sadness that I mark the She was a valuable contributor to awash with money from the oil pipeline reve- passing of an important judicial figure this process and helped make it a suc- nues. George and his administration had a in Wisconsin and a dear family friend, cess. It is the same approach that she vision of what Anchorage could become and Myron Gordon. brought to all of her public service what was needed to enhance the city’s qual- work. ity of life for its residents. He worked hard Myron was a good friend of my fa- to develop what was known as Project ’80s. ther, Leon Feingold, for many years, Let me take a moment to highlight George lobbied successfully in Juneau and and I was privileged to know him well that work and her distinguished and received hundreds of millions of dollars for myself. He was a man of so much integ- impressive record. She served six terms construction of the Egan Civic and Conven- rity, and I admired him tremendously, on the Arvada City Council between tion Center, Loussac Library, the Alaska as my father did. In his obituary in the 1985 and 2009 and served as mayor pro Center for the Performing Arts and the Sul- Milwaukee Journal Sentinel, people de- tem many times over the span of her livan Sports Arena. This moved Anchorage scribe him as a ‘‘giant’’ of the legal time with the city. During this time, into being a modern and vibrant community, she also served on the Arvada Planning which enhanced economic and community profession and the ‘‘king of judges,’’ growth in the Southcentral area. George fin- and he truly was. Commission, was a founding member of ished as mayor of Anchorage in 1982. He then His outstanding character served him both the Arvada Clean Air Advisory worked for Western Airlines as senior vice well in his many years on the bench, on Committee and the Arvada Economic president. In 1986, he was a founding member Milwaukee County Civil Court, the Development Association, and served

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.001 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27612 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 as a board member of the Forward Ar- (The nominations received today are H.R. 3743. An act to amend the Small Busi- vada Building Corporation. printed at the end of the Senate pro- ness Act to improve the disaster relief pro- On issues affecting the Denver metro- ceedings.) grams of the Small Business Administration, and for other purposes. politan area, she served on the board of f the Colorado Municipal League from H.R. 3788. An act to designate the facility REPORT ON THE CONTINUATION of the United States Postal Service located 1991 through 2005 and was the president at 3900 Darrow Road in Stow, Ohio, as the of that board in 2000. She also served OF THE NATIONAL EMERGENCY WITH RESPECT TO THE PRO- ‘‘Corporal Joseph A. Tomci Post Office on the board of directors of the Denver Building’’. Regional Council of Governments from LIFERATION OF WEAPONS OF MASS DESTRUCTION THAT WAS The message further announced that 1991 through 2007 and was chair of that the House has agreed to the following organization in 2004. She served on the DECLARED IN EXECUTIVE ORDER 12938 ON NOVEMBER 14, concurrent resolutions, in which it re- Regional Air Quality Council from 1993 quests the concurrence of the Senate: to 1997 and was president of Colorado 1994, AS RECEIVED DURING THE Women in Municipal Government from ADJOURNMENT OF THE SENATE H. Con. Res. 209. A concurrent resolution ON NOVEMBER 6, 2009—PM 38 recognizing the 30th anniversary of the Ira- 1991 to 1993. And she served on the nian hostage crisis, during which 52 United Rocky Flats Coalition of Local Govern- The PRESIDING OFFICER laid be- States citizens were held hostage for 444 days ments and the Rocky Flats Steward- fore the Senate the following message from November 4, 1979, to January 20, 1981, ship Task Force Steering Committee. from the President of the United and for other purposes. On the national level, Lorraine States, together with an accompanying H. Con. Res. 210. A concurrent resolution served on the National League of Cities report; which was referred to the Com- providing for a conditional adjournment of board of directors from 2003 to 2005 and mittee on Banking, Housing, and the House of Representatives and a condi- was a member of many of the league’s Urban Affairs: tional recess or adjournment of the Senate. committees, including Energy, Envi- The message also announced that the To the Congress of the United States: ronment, and Natural Resources and Section 202(d) of the National Emer- House agrees to the amendment of the the Clean Air Task Force, and was a gencies Act (50 U.S.C. 1622(d)) provides Senate to the bill (H.R. 1299) to make board member of the Energy Commu- for the automatic termination of a na- technical corrections to the laws af- nities Alliance. tional emergency unless, prior to the fecting certain administrative authori- Lorraine is well-known throughout anniversary date of its declaration, the ties of the United States Capital Po- the Denver metropolitan region and is President publishes in the Federal Reg- lice, and for other purposes, with an a tireless advocate for local govern- ister and transmits to the Congress a amendment. ments in the metro area on growth notice stating that the emergency is to f policies, transportation, both highway continue in effect beyond the anniver- MEASURES REFERRED and transit, public health, and environ- sary date. In accordance with this pro- mental issues. She has not only worked vision, I have sent to the Federal Reg- The following bills were read the first actively and effectively with her local ister for publication the enclosed no- and the second times by unanimous and State elected colleagues in the re- tice, stating that the national emer- consent, and referred as indicated: gion, but she has also advocated and gency with respect to the proliferation H.R. 1838. An act to amend the Small Busi- educated her constituents on the im- of weapons of mass destruction that ness Act to modify certain provisions relat- portance of their involvement in re- was declared in Executive Order 12938, ing to women’s business centers, and for gional issues. She has been one of only as amended, is to continue in effect for other purposes; to the Committee on Small a handful of women who have served on 1 year beyond November 14, 2009. Business and Entrepreneurship. the Arvada City Council, and she is a H.R. 1845. An act to amend the Small Busi- BARACK OBAMA. ness Act to modernize Small Business Devel- role model for the community in this THE WHITE HOUSE, November 6, 2009. regard. opment Centers, and for other purposes; to In addition to her public service, Lor- f the Committee on Small Business and Entre- MESSAGE FROM THE HOUSE preneurship. raine is the retired co-owner of Ander- H.R. 2868. To amend the Homeland Secu- son Tire Service, Inc., and served as At 2:03 p.m., a message from the rity Act of 2002 to enhance security and pro- president of the Mountain States Tire House of Representatives, delivered by tect against acts of terrorism against chem- Dealers Association in 1988, one of two Ms. Niland, one of its reading clerks, ical facilities, to amend the Safe Drinking women first elected to the board of di- announced that the House has passed Water Act to enhance the security of public rectors and the first woman to serve as the following bill, without amendment: water systems, and to amend the Federal Water Pollution Control Act to enhance the president of that organization. S. 1211. An act to designate the facility of security of wastewater treatment works, and I know that the city of Arvada is the United States Postal Service located at for other purposes; to the Committee on sorry to see her step down. But I also 60 School Street, Orchard Park, New York, Homeland Security and Governmental Af- as the ‘‘Jack F. Kemp Post Office Building’’. know that she will likely stay involved fairs. in the important issues affecting her The message also announced that the H.R. 3737. An act to amend the Small Busi- city, region, State and Nation. I wish House has passed the following bills, in ness Act to improve the Microloan Program, her all the best in her future endeavors which it requests the concurrence of and for other purposes; to the Committee on and thank her for her proud service to the Senate: Small Business and Entrepreneurship. her community and Nation.∑ H.R. 1838. An act to amend the Small Busi- H.R. 3743. An act to amend the Small Busi- ness Act to improve the disaster relief pro- f ness Act to modify certain provisions relat- ing to women’s business centers, and for grams of the Small Business Administration, MESSAGES FROM THE PRESIDENT other purposes. and for other purposes; to the Committee on Messages from the President of the H.R. 1845. An act to amend the Small Busi- Small Business and Entrepreneurship. ness Act to modernize Small Business Devel- H.R. 3788. An act to designate the facility United States were communicated to opment Centers, and for other purposes. of the United States Postal Service located the Senate by Mrs. Neiman, one of his H.R. 2868. An act to amend the Homeland at 3900 Darrow Road in Stow, Ohio, as the secretaries. Security Act of 2002 to enhance security and ‘‘Corporal Joseph A. Tomci Post Office f protect against acts of terrorism against Building’’; to the Committee on Homeland chemical facilities, to amend the Safe Drink- Security and Governmental Affairs. EXECUTIVE MESSAGES REFERRED ing Water Act to enhance the security of The following concurrent resolution public water systems, and to amend the Fed- As in executive session the Presiding was read, and referred as indicated: Officer laid before the Senate messages eral Water Pollution Control Act to enhance H. Con. Res. 209. Concurrent resolution rec- from the President of the United the security of wastewater treatment works, and for other purposes. ognizing the 30th anniversary of the Iranian States submitting sundry nominations H.R. 3737. An act to amend the Small Busi- hostage crisis, during which 52 United States which were referred to the appropriate ness Act to modernize the Microloan Pro- citizens were held hostage for 444 days from committees. gram, and for other purposes. November 4, 1979, to January 20, 1981, and for

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A resolution deploring the rape name of the Senator from Utah (Mr. The following bills and joint resolu- and assault of women in Guinea and the kill- HATCH) was added as a cosponsor of S. tions were introduced, read the first ing of political protesters; to the Committee 510, a bill to amend the Federal Food, and second times by unanimous con- on Foreign Relations. Drug, and Cosmetic Act with respect to sent, and referred as indicated: By Ms. SNOWE (for herself, Mr. KERRY, the safety of the food supply. By Mr. CORNYN (for himself and Mrs. Mr. KIRK, Mr. REED, Mr. WHITEHOUSE, S. 611 and Ms. CANTWELL): HUTCHISON): At the request of Mr. LAUTENBERG, S. Res. 346. A resolution expressing the S. 2751. A bill to designate the Department the name of the Senator from Con- of Veterans Affairs medical center in Big sense of the Senate that, at the 21st Regular necticut (Mr. DODD) was added as a co- Spring, Texas, as the George H. O’Brien, Jr., Meeting of the International Commission on Department of Veterans Medical Center; to the Conservation of Atlantic Tunas, the sponsor of S. 611, a bill to provide for the Committee on Veterans’ Affairs. United States should seek to ensure manage- the reduction of adolescent pregnancy, By Mr. VITTER (for himself, Mrs. ment of the eastern Atlantic and Mediterra- HIV rates, and other sexually trans- HUTCHISON, Mr. CORNYN, Mr. NELSON nean bluefin tuna fishery adheres to the sci- mitted diseases, and for other purposes. of Florida, Mr. LEMIEUX, and Ms. entific advice provided by the Standing Com- S. 619 mittee on Research and Statistics and has a LANDRIEU): At the request of Ms. SNOWE, the high probability of achieving the established S. 2752. A bill to ensure the sale and con- name of the Senator from Maine (Ms. sumption of raw oysters and to direct the rebuilding target, pursue strengthened pro- COLLINS) was added as a cosponsor of S. Food and Drug Administration to conduct an tections for spawning bluefin populations in education campaign regarding the risks asso- the Mediterranean Sea to facilitate the re- 619, a bill to amend the Federal Food, ciated with consuming raw oysters, and for covery of the Atlantic bluefin tuna, pursue Drug, and Cosmetic Act to preserve the other purposes; to the Committee on Health, imposition of more stringent measures to en- effectiveness of medically important Education, Labor, and Pensions. sure compliance by all Members with the antibiotics used in the treatment of By Mrs. HAGAN: International Commission for the Conserva- human and animal diseases. tion of Atlantic Tunas’ conservation and S. 2753. A bill to suspend temporarily the S. 825 management recommendations for Atlantic suspension of duty on RSD 1235; to the Com- At the request of Mrs. LINCOLN, the bluefin tuna and other species, and ensure mittee on Finance. name of the Senator from Michigan By Mrs. GILLIBRAND: that United States’ quotas of tuna and S. 2754. A bill to amend the Internal Rev- swordfish are not reallocated to other na- (Mr. LEVIN) was added as a cosponsor of enue Code of 1986 to encourage teachers to tions, and for other purposes; considered and S. 825, a bill to amend the Internal pursue teaching science, technology, engi- agreed to. Revenue Code of 1986 to restore, in- neering, and math subjects to elementary By Mr. SCHUMER (for himself and crease, and make permanent the exclu- and secondary schools; to the Committee on Mrs. GILLIBRAND): sion from gross income for amounts re- Finance. S. Res. 347. A resolution congratulating the ceived under qualified group legal serv- By Mr. MENENDEZ (for himself, Ms. New York Yankees on winning the 2009 ices plans. STABENOW, Mr. BENNET, and Mrs. World Series; to the Committee on Com- S. 870 GILLIBRAND): merce, Science, and Transportation. S. 2755. A bill to amend the Internal Rev- By Mr. CASEY (for himself, Mr. WHITE- At the request of Mrs. LINCOLN, the enue Code of 1986 to provide an investment HOUSE, Mr. SCHUMER, Mr. SPECTER, name of the Senator from Idaho (Mr. credit for equipment used to fabricate solar Mr. CARDIN, Mr. UDALL of Colorado, CRAPO) was added as a cosponsor of S. energy property, and for other purposes; to Mr. LAUTENBERG, Mr. BAYH, and Mr. 870, a bill to amend the Internal Rev- the Committee on Finance. BEGICH): enue Code of 1986 to expand the credit By Mr. WARNER: S. Res. 348. A resolution supporting the for renewable electricity production to S. 2756. A bill to establish the Financial goals and ideals of Pancreatic Cancer Aware- include electricity produced from bio- Services Systemic Risk Oversight Council, ness Month; to the Committee on Health, mass for on-site use and to modify the Education, Labor, and Pensions. and for other purposes; to the Committee on credit period for certain facilities pro- Banking, Housing, and Urban Affairs. f By Mr. MENENDEZ (for himself, Mr. ducing electricity from open-loop bio- DURBIN, Mr. FEINGOLD, Mrs. GILLI- ADDITIONAL COSPONSORS mass. S. 1067 BRAND, Mr. INOUYE, and Ms. LAN- S. 182 DRIEU): At the request of Mr. FEINGOLD, the At the request of Mr. DODD, the name S. 2757. A bill to authorize the adjustment of the Senator from Alaska (Mr. name of the Senator from New Jersey of status for immediate family members of (Mr. MENENDEZ) was added as a cospon- BEGICH) was added as a cosponsor of S. persons who served honorably in the Armed sor of S. 1067, a bill to support sta- 182, a bill to amend the Fair Labor Forces of the United States during the Af- bilization and lasting peace in northern Standards Act of 1938 to provide more ghanistan and Iraq conflicts and for other Uganda and areas affected by the purposes; to the Committee on the Judici- effective remedies to victims of dis- Lord’s Resistance Army through devel- ary. crimination in the payment of wages opment of a regional strategy to sup- By Ms. STABENOW (for herself, Mrs. on the basis of sex, and for other pur- port multilateral efforts to success- GILLIBRAND, Mr. MERKLEY, Mr. SAND- poses. ERS, Mrs. BOXER, Mr. BINGAMAN, and fully protect civilians and eliminate Mr. LEAHY): S. 461 the threat posed by the Lord’s Resist- S. 2758. A bill to amend the Agricultural At the request of Mrs. LINCOLN, the ance Army and to authorize funds for Research, Extension, and Education Reform name of the Senator from Virginia (Mr. humanitarian relief and reconstruc- Act of 1998 to establish a national food safety WEBB) was added as a cosponsor of S. tion, reconciliation, and transitional training, education, extension, outreach, and 461, a bill to amend the Internal Rev- justice, and for other purposes. technical assistance program for agricul- enue Code of 1986 to extend and modify tural producers, and for other purposes; to S. 1147 the Committee on Agriculture, Nutrition, the railroad track maintenance credit. At the request of Mr. KOHL, the name and Forestry. S. 492 of the Senator from Virginia (Mr. f At the request of Mr. JOHNSON, the WEBB) was added as a cosponsor of S. name of the Senator from North Da- 1147, a bill to prevent tobacco smug- SUBMISSION OF CONCURRENT AND kota (Mr. CONRAD) was added as a co- gling, to ensure the collection of all to- SENATE RESOLUTIONS sponsor of S. 492, a bill to amend the bacco taxes, and for other purposes. The following concurrent resolutions Social Security Act and the Internal S. 1160 and Senate resolutions were read, and Revenue Code of 1986 to exempt certain At the request of Mr. SCHUMER, the referred (or acted upon), as indicated: employment as a member of a local name of the Senator from New Mexico

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(Mr. BINGAMAN) was added as a cospon- S. 1583 (Ms. STABENOW) and the Senator from sor of S. 1160, a bill to provide housing At the request of Mr. ROCKEFELLER, Vermont (Mr. LEAHY) were added as co- assistance for very low-income vet- the name of the Senator from Massa- sponsors of S. 1730, a bill to provide for erans. chusetts (Mr. KIRK) was added as a co- minimum loss ratios for health insur- S. 1234 sponsor of S. 1583, a bill to amend the ance coverage. At the request of Mr. LIEBERMAN, the Internal Revenue Code of 1986 to extend S. 1739 name of the Senator from Mississippi the new markets tax credit through At the request of Mr. DODD, the name (Mr. WICKER) was added as a cosponsor 2014, and for other purposes. of the Senator from New York (Mrs. of S. 1234, a bill to modify the prohibi- S. 1584 GILLIBRAND) was added as a cosponsor tion on recognition by United States At the request of Mr. MERKLEY, the of S. 1739, a bill to promote freedom of courts of certain rights relating to cer- name of the Senator from Delaware the press around the world. tain marks, trade names, or commer- (Mr. KAUFMAN) was added as a cospon- S. 1834 cial names. sor of S. 1584, a bill to prohibit employ- At the request of Mr. AKAKA, the S. 1237 ment discrimination on the basis of name of the Senator from Missouri At the request of Mrs. MURRAY, the sexual orientation or gender identity. (Mrs. MCCASKILL) was added as a co- name of the Senator from Montana S. 1598 sponsor of S. 1834, a bill to amend the (Mr. BAUCUS) was added as a cosponsor At the request of Mr. SCHUMER, the Animal Welfare Act to ensure that all of S. 1237, a bill to amend title 38, name of the Senator from Ohio (Mr. dogs and cats used by research facili- United States Code, to expand the BROWN) was added as a cosponsor of S. ties are obtained legally. grant program for homeless veterans 1598, a bill to amend the National Child S. 1927 with special needs to include male Protection Act of 1993 to establish a At the request of Mr. REID, his name homeless veterans with minor depend- permanent background check system. ents and to establish a grant program was added as a cosponsor of S. 1927, a S. 1606 bill to establish a moratorium on cred- for reintegration of homeless women At the request of Mr. WHITEHOUSE, veterans and homeless veterans with it card interest rate increases, and for the name of the Senator from Ohio other purposes. children, and for other purposes. (Mr. BROWN) was added as a cosponsor S. 1311 At the request of Mr. DODD, the name of S. 1606, a bill to require foreign man- of the Senator from Massachusetts At the request of Mr. WICKER, the ufacturers of products imported into name of the Senator from Louisiana (Mr. KIRK) was added as a cosponsor of the United States to establish reg- S. 1927, supra. (Mr. VITTER) was added as a cosponsor istered agents in the United States who S. 1939 of S. 1311, a bill to amend the Federal are authorized to accept service of Water Pollution Control Act to expand process against such manufacturers, At the request of Mrs. GILLIBRAND, and strengthen cooperative efforts to and for other purposes. the names of the Senator from South monitor, restore, and protect the re- Dakota (Mr. JOHNSON) and the Senator S. 1628 source productivity, water quality, and from West Virginia (Mr. BYRD) were At the request of Mr. UDALL of Colo- marine ecosystems of the Gulf of Mex- added as cosponsors of S. 1939, a bill to rado, the name of the Senator from ico. amend title 38, United States Code, to Massachusetts (Mr. KIRK) was added as S 1382 clarify presumptions relating to the ex- . a cosponsor of S. 1628, a bill to amend At the request of Mr. DODD, the posure of certain veterans who served title VII of the Public Health Service names of the Senator from Colorado in the vicinity of the Republic of Viet- Act to increase the number of physi- (Mr. BENNET) and the Senator from nam, and for other purposes. cians who practice in underserved rural Massachusetts (Mr. KIRK) were added communities. S. 2097 as cosponsors of S. 1382, a bill to im- HUNE S. 1646 At the request of Mr. T , the prove and expand the Peace Corps for name of the Senator from North Caro- the 21st century, and for other pur- At the request of Mr. REED, the name of the Senator from Massachusetts lina (Mr. BURR) was added as a cospon- poses. sor of S. 2097, a bill to authorize the re- (Mr. KIRK) was added as a cosponsor of S. 1518 S. 1646, a bill to keep Americans work- dedication of the District of Columbia At the request of Mr. BURR, the name War Memorial as a National and Dis- of the Senator from West Virginia (Mr. ing by strengthening and expanding short-time compensation programs trict of Columbia World War I Memo- BYRD) was added as a cosponsor of S. rial to honor the sacrifices made by 1518, a bill to amend title 38, United that provide employers with an alter- native to layoffs. American veterans of World War I. States Code, to furnish hospital care, S. 2128 medical services, and nursing home S. 1660 At the request of Mr. LEMIEUX, the care to veterans who were stationed at At the request of Ms. KLOBUCHAR, the names of the Senator from Tennessee Camp Lejeune, North Carolina, while name of the Senator from Tennessee (Mr. CORKER) and the Senator from the water was contaminated at Camp (Mr. ALEXANDER) was added as a co- Oklahoma (Mr. COBURN) were added as Lejeune. sponsor of S. 1660, a bill to amend the cosponsors of S. 2128, a bill to provide S. 1520 Toxic Substances Control Act to re- for the establishment of the Office of At the request of Mr. JOHNSON, the duce the emissions of formaldehyde Deputy Secretary for Health Care name of the Senator from New Mexico from composite wood products, and for Fraud Prevention. (Mr. UDALL) was added as a cosponsor other purposes. of S. 1520, a bill to grant a Federal S. 1668 S. RES. 210 charter to the National American In- At the request of Mr. BENNET, the At the request of Mrs. LINCOLN, the dian Veterans, Incorporated. name of the Senator from Minnesota name of the Senator from North Da- S. 1553 (Ms. KLOBUCHAR) was added as a co- kota (Mr. DORGAN) was added as a co- At the request of Mr. GRASSLEY, the sponsor of S. 1668, a bill to amend title sponsor of S. Res. 210, a resolution des- name of the Senator from Arkansas 38, United States Code, to provide for ignating the week beginning on No- (Mrs. LINCOLN) was added as a cospon- the inclusion of certain active duty vember 9, 2009, as National School Psy- sor of S. 1553, a bill to require the Sec- service in the reserve components as chology Week. retary of the Treasury to mint coins in qualifying service for purposes of Post- S. RES. 278 commemoration of the National Fu- 9/11 Educational Assistance Program, At the request of Mrs. GILLIBRAND, ture Farmers of America Organization and for other purposes. the name of the Senator from Con- and the 85th anniversary of the found- S. 1730 necticut (Mr. DODD) was added as a co- ing of the National Future Farmers of At the request of Mr. FRANKEN, the sponsor of S. Res. 278, a resolution hon- America Organization. names of the Senator from Michigan oring the Hudson River School painters

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.001 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27615 for their contributions to the United on the crowd, and brutalized and raped doz- SENATE RESOLUTION 346—EX- States Senate. ens of women openly in public; PRESSING THE SENSE OF THE Whereas, according to Human Rights S. RES. 340 SENATE THAT, AT THE 21ST Watch, these killings and assaults were part REGULAR MEETING OF THE At the request of Mr. CRAPO, the of a ‘‘premeditated massacre’’ in which the names of the Senator from Idaho (Mr. ‘‘level, frequency, and brutality of sexual vi- INTERNATIONAL COMMISSION ON RISCH) and the Senator from Indiana olence that took place at and after the pro- THE CONSERVATION OF ATLAN- (Mr. LUGAR) were added as cosponsors tests strongly suggests that it was part of a TIC TUNAS, THE UNITED STATES of S. Res. 340, a resolution expressing systematic attempt to terrorize and humili- SHOULD SEEK TO ENSURE MAN- support for designation of a National ate the opposition, not just random acts by AGEMENT OF THE EASTERN AT- Veterans History Project Week to en- rogue soldiers’’; LANTIC AND MEDITERRANEAN courage public participation in a na- Whereas, according to the humanitarian BLUEFIN TUNA FISHERY AD- tionwide project that collects and pre- organization CARE, ‘‘What happened in HERES TO THE SCIENTIFIC AD- Guinea is an outrage—and a stark reminder VICE PROVIDED BY THE STAND- serves the stories of the men and of a larger epidemic of violence against women who served our Nation in times women and girls around the world.’’; ING COMMITTEE ON RESEARCH of war and conflict. Whereas members of the United Nations AND STATISTICS AND HAS A At the request of Mr. ROCKEFELLER, Security Council condemned ‘‘the violence HIGH PROBABILITY OF ACHIEV- his name was added as a cosponsor of that caused reportedly more than 150 deaths ING THE ESTABLISHED REBUILD- S. Res. 340, supra. and hundreds of wounded and other blatant ING TARGET, PURSUE AMENDMENT NO. 2733 violations of human rights including rapes in STRENGTHENED PROTECTIONS public streets in broad day light, and vio- At the request of Mr. JOHNSON, the FOR SPAWNING BLUEFIN POPU- lence that led to the arrest of opposition names of the Senator from West Vir- LATIONS IN THE MEDITERRA- party leaders’’; NEAN SEA TO FACILITATE THE ginia (Mr. BYRD) and the Senator from Whereas the United Nations High Commis- California (Mrs. FEINSTEIN) were added sioner for Human Rights characterized the RECOVERY OF THE ATLANTIC as cosponsors of amendment No. 2733 events as a ‘‘blood bath’’ and stated that BLUEFIN TUNA, PURSUE IMPOSI- proposed to H.R. 3082, a bill making ap- they ‘‘must not become part of the fabric of TION OF MORE STRINGENT propriations for military construction, impunity that has enveloped Guinea for dec- MEASURES TO ENSURE COMPLI- the Department of Veterans Affairs, ades’’; ANCE BY ALL MEMBERS WITH and related agencies for the fiscal year Whereas Amnesty International reports THE INTERNATIONAL COMMIS- that violence against women knows few ending September 30, 2010, and for SION FOR THE CONSERVATION bounds, and that ‘‘in armed conflicts, count- other purposes. OF ATLANTIC TUNAS’ CON- less women and girls are raped and sexually SERVATION AND MANAGEMENT AMENDMENT NO. 2737 abused by security forces and opposition RECOMMENDATIONS FOR ATLAN- At the request of Mr. UDALL of New groups as an act of war, and often face addi- Mexico, the name of the Senator from tional violence in refugee camps. Govern- TIC BLUEFIN TUNA AND OTHER SPECIES, AND ENSURE THAT West Virginia (Mr. BYRD) was added as ment sponsored violence also exists in peace- a cosponsor of amendment No. 2737 pro- time, with women assaulted while in police UNITED STATES’ QUOTAS OF posed to H.R. 3082, a bill making appro- custody, in prison, and at the hands of any TUNA AND SWORDFISH ARE NOT number of state actors.’’ and that ‘‘violence REALLOCATED TO OTHER NA- priations for military construction, the against women is a violation of human Department of Veterans Affairs, and TIONS, AND FOR OTHER PUR- rights that cannot be justified by any polit- POSES related agencies for the fiscal year end- ical, religious, or cultural claim’’; and ing September 30, 2010, and for other Whereas, on October 16, 2009, United Na- Ms. SNOWE (for herself, Mr. KERRY, purposes. tions Secretary-General Ban Ki-moon an- Mr. KIRK, Mr. REED, Mr. WHITEHOUSE, f nounced the creation of an international and Ms. CANTWELL) submitted the fol- commission of inquiry to investigate the lowing resolution; which was consid- SUBMITTED RESOLUTIONS events: Now, therefore, be it ered and agreed to: Resolved, That the Senate— (1) deplores the rape and assault of women S. RES. 346 SENATE RESOLUTION 345—DEPLOR- and the killing of political protestors in Whereas Atlantic bluefin tuna and Atlan- ING THE RAPE AND ASSAULT OF Guinea, and calls for an immediate cessation tic swordfish are valuable historical com- WOMEN IN GUINEA AND THE of violence, including gender-based violence mercial and recreational fisheries of the KILLING OF POLITICAL PRO- and targeted killings by security forces; United States and many other countries; TESTERS (2) strongly supports efforts by the United Whereas the International Convention for Nations Security Council’s commission of in- the Conservation of Atlantic Tunas entered Mrs. BOXER (for herself, Ms. COL- quiry into the violence, and calls for Captain into force on March 21, 1969; LINS, Mrs. GILLIBRAND, Ms. STABENOW, Moussa Dadis Camara and the National Whereas the Convention established the Mrs. SHAHEEN, Mrs. LINCOLN, Mrs. Council for Democracy and Development to International Commission for the Conserva- HUTCHISON, Ms. LANDRIEU, Mrs. FEIN- abide by their pledge to cooperate with the tion of Atlantic Tunas to coordinate inter- STEIN, Ms. SNOWE, Ms. MIKULSKI, and commission; national research and develop, implement, Mrs. MCCASKILL) submitted the fol- (3) urges the identification and prosecu- and enforce compliance of the conservation lowing resolution; which was referred tion, by the appropriate authorities, of those and management recommendations on the to the Committee on Foreign Rela- responsible for orchestrating or carrying out Atlantic bluefin tuna, Atlantic swordfish and tions: the violence in Guinea; other Atlantic highly migratory species in (4) urges President Barack Obama, in co- the Atlantic Ocean and the adjacent seas, in- S. RES. 345 ordination with leaders from the European cluding the Mediterranean Sea; Whereas, on December 23, 2008, a group of Union and the African Union, to seriously Whereas the United States has established military officers calling itself the National consider punitive measures that could be for its fisheries a strict regime of conserva- Council for Democracy and Development (re- taken against senior officials in Guinea tion, management and compliance for Atlan- ferred to in this preamble as the ‘‘CNDD’’) found to be complicit in the violence, in par- tic highly migratory species and protected seized power in a coup in Guinea, installed as ticular the atrocities perpetrated against living marine resources caught incidentally interim President Captain Moussa Dadis women and other gross human rights viola- to such fisheries that is unmatched by other Camara, and promised to hold elections; tions; and fishing nations; Whereas, on September 28, 2009, tens of (5) encourages President Obama to remain Whereas the reallocation of United States thousands of unarmed opposition protesters actively engaged in the political situation in quotas of Atlantic bluefin tuna and Atlantic met in and around an outdoor stadium to Guinea, to continue to convey that the bla- swordfish to other nations will cause severe protest statements made by Captain Camara tant abuse of women will not be tolerated, economic impacts, including a loss of United that he may run for president, after he said and to continue supporting the efforts of the States jobs, and undermine the conservation that he would not; appointed facilitator, President Blaise of populations of protected living marine re- Whereas government security forces killed Compaore of Burkina Faso, to pave a way sources such as Atlantic billfish species, en- at least 157 demonstrators, after opening fire forward to credible elections. dangered sea turtles, sea birds and marine

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.001 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27616 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 mammals caught incidentally in the fish- ommended that the annual harvest levels for iterranean bluefin tuna that will conform eries of other nations; eastern Atlantic and Mediterranean bluefin the Plan to the scientific advice provided by Whereas in 1974, the Commission adopted tuna be reduced to levels between 15,000 and the Standing Committee on Research and its first conservation and management rec- 8,500 metric tons to halt the decline of the Statistics and has a high probability of ommendation to ensure the sustainability of resource and initiate rebuilding, and indi- achieving the established rebuilding target Atlantic bluefin tuna throughout the Atlan- cated that a total allowable catch of 8,500 within the established time frame, including tic Ocean and Mediterranean Sea, while al- has a higher probability of rebuilding the a strict penalty regime and other appro- lowing for the maximum sustainable catch stock within the Commission’s established priate mechanisms to verify and ensure com- for food and other purposes; time frame; pliance; Whereas in 1981, for management purposes, Whereas in 2006, the Commission adopted (2) seek to expand time and area closures the Commission adopted a working hypoth- the ‘‘Recommendation by ICCAT to Estab- of spawning areas in the Mediterranean in esis of 2 Atlantic bluefin stocks, with 1 oc- lish a Multi-Annual Recovery Plan for full conformity with the scientific advice curring west of 45 degrees west longitude Bluefin Tuna in the eastern Atlantic and provided by the Standing Committee on Re- (hereinafter referred to as the ‘‘western At- Mediterranean’’ (Recommendation 06–05), search and Statistics; lantic stock’’) and the other occurring east which was amended in 2008, containing a (3) pursue the continued aggressive review of 45 degrees west longitude (hereinafter re- wide range of management, monitoring, and and assessment by the Commission’s Com- ferred to as the ‘‘eastern Atlantic and Medi- control measures designed to facilitate the mittee on Compliance of compliance with terranean stock’’); recovery of the eastern Atlantic and Medi- conservation and management measures, in- Whereas, despite scientific advice intended terranean bluefin tuna stock by the year cluding data collection and reporting re- to prevent overfishing, rebuild and maintain 2023; quirements, adopted by the Commission and bluefin tuna populations at levels that will Whereas the Recovery Plan is inadequate in effect for the 2009 eastern Atlantic and permit the maximum sustainable yield, and and allows overfishing and stock decline to Mediterranean bluefin tuna fishery, occur- ensure the future sustainability of the continue, and continuing information and re- ring east of 45 degrees west longitude, and stocks, the total allowable catch quotas have peated warnings by the Standing Committee other fisheries that are subject to the juris- consistently been set at levels significantly on Research and Statistics indicate that cur- diction of the Commission; higher than the recommended levels for the rent implementation of the plan is unlikely (4) aggressively seek to address noncompli- eastern Atlantic and Mediterranean stock; to achieve its goals; ance with such measures by all parties to the Whereas despite the establishment by the Whereas the Principality of Monaco has Convention through all appropriate actions; Commission of minimum sizes for Atlantic submitted a petition to list Atlantic bluefin (5) pursue the commitment by the Commis- bluefin tuna with which the United States tuna under Appendix I of the Convention on sion and its parties to fund additional re- has fully complied, the Standing Committee International Trade in Endangered Species search on both the western Atlantic and on Research and Statistics has repeatedly of Fauna and Flora, and while the United eastern Atlantic and Mediterranean bluefin expressed grave concerns that the flagrant States did not cosponsor this petition, the tuna stocks including but not limited to the lack of compliance with such size limits by Administration has expressed its support for extent to which the stocks mix; and Members fishing in the eastern Atlantic and this petition unless the Commission ‘‘adopts (6) strenuously defend the interests of Mediterranean is seriously undermining the significantly strengthened management and United States with regard to Atlantic effectiveness of the Commission’s bluefin compliance measures’’ for countries fishing bluefin tuna, Atlantic swordfish, and other tuna recovery plans; on the eastern Atlantic and Mediterranean species managed by the Commission, includ- Whereas despite the ongoing establishment bluefin tuna stock; ing the protection of U.S. quota shares. by the Commission of fishing quotas for the Whereas since 1981, the Commission has f eastern Atlantic and Mediterranean bluefin adopted additional and more restrictive con- tuna fishery that surpass scientific rec- servation and management recommenda- SENATE RESOLUTION 347—CON- ommendations, compliance with such quotas tions for the western Atlantic bluefin tuna GRATULATING THE NEW YORK by parties to the Convention that harvest stock, including a closure to directed fishing YANKEES ON WINNING THE 2009 that stock has been extremely poor, with in the spawning grounds of the Gulf of Mex- WORLD SERIES harvests exceeding the scientific advice by ico, and these recommendations have been more than 50 percent in recent years as re- fully implemented by Nations fishing west of Mr. SCHUMER (for himself and Mrs. ported by the Standing Committee on Re- 45 degrees west longitude; GILLIBRAND) submitted the following search and Statistics and other independent Whereas despite adopting, fully imple- resolution; which was referred to the sources monitoring the fishery; menting, and complying with a science-based Committee on Commerce, Science, and Whereas insufficient data reporting in rebuilding program for the western Atlantic Transportation: combination with unreliable national catch bluefin tuna stock by countries fishing west S. RES. 347 statistics resulting from inadequate or non- of 45 degrees west longitude, catches and existent catch monitoring and observer pro- catch rates remain very low, especially for Whereas on November 4, 2009, the New grams has frequently undermined efforts by the United States; York Yankees won the 2009 World Series the Commission to determine the levels of Whereas scientific evidence now provides with a 7–3 victory over the Philadelphia overharvests by specific countries; indisputable evidence from electronic tag- Phillies in Game 6 of the series; Whereas the failure of many Commission ging studies and other scientific research Whereas the Philadelphia Phillies deserve members fishing for eastern Atlantic and that mixing of the eastern and western At- great credit for their remarkable perform- Mediterranean bluefin tuna east of 45 degrees lantic bluefin tuna stocks occurs throughout ance in 2009, during both the regular season west longitude to comply with other Com- the Atlantic ocean on feeding and fishing and the playoffs; mission recommendations to conserve and grounds, and the poor management and non- Whereas the New York Yankees are the control the overfished eastern Atlantic and compliance with the Commission’s Recovery winningest franchise in the history of profes- Mediterranean bluefin tuna stock has been Plan for the eastern Atlantic stock is having sional sports; an ongoing problem; an adverse impact on the western Atlantic Whereas the New York Yankees have won Whereas it is widely recognized that some stock and United States fisheries; 27 World Series titles, the most by any Major fishing vessels, in particular those partici- Whereas additional research on stock mix- League Baseball franchise; pating in illegal, unregulated, and unre- ing will improve the understanding of the re- Whereas the New York Yankees have ported fishing, have little incentive to cease lationship between eastern and western played for 96 seasons in the city of New these infractions due to a lack of adequate bluefin tuna stocks, which will assist in the York; sanctions; conservation, recovery, and management of Whereas the New York Yankees’ domi- Whereas the Commission’s Standing Com- the species throughout its range; nance was ignited in 1920 with the appear- mittee on Research and Statistics noted in Whereas a 2008 Independent Review of the ance of the indomitable Babe Ruth in pin- its 2008 stock assessment that the fishing Commission concluded that the Commis- stripes; mortality rate for the eastern Atlantic and sion’s management of bluefin tuna in the Whereas the New York Yankees have field- Mediterranean stock was more than 3 times eastern Atlantic and Mediterranean has been ed historic teams, including the famed ‘‘Mur- the level that would permit the stock to sta- ‘‘widely regarded as an international dis- derers’ Row’’ in 1927; bilize at the maximum sustainable catch grace’’: Now, therefore, be it Whereas the New York Yankees became an level and that unless fishing mortality rates Resolved, That it is the sense of the Senate iconic baseball franchise during the 1950’s by are substantially reduced in the near future, that the United States delegation to the 21st winning 5 World Series titles in a row; further reduction in spawning stock biomass Regular Meeting of the International Com- Whereas the New York Yankees won their is likely to occur leading to a risk of fish- mission for the Conservation of Atlantic first championship in 1923, the year that the eries and stock collapse; Tunas, should— original Yankee Stadium opened, and won Whereas the Commission’s Standing Com- (1) seek the adoption of all revisions to the their 27th championship in 2009, the year mittee on Research and Statistics has rec- Recovery Plan for eastern Atlantic and Med- that the new Yankee Stadium opened;

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.001 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27617 Whereas the New York Yankees have had a vival rate of individuals diagnosed with SA 2756. Mr. WEBB submitted an amend- player win the American League batting metastatic pancreatic cancer is only 3 to 6 ment intended to be proposed to amendment title 9 times; months; SA 2730 proposed by Mr. JOHNSON (for himself Whereas the New York Yankees have re- Whereas the incidence rate of pancreatic and Mrs. HUTCHISON) to the bill H.R. 3082, tired 16 uniform numbers for 17 baseball leg- cancer is 50 percent higher for African-Amer- supra; which was ordered to lie on the table. ends; icans than for other ethnic groups; and SA 2757. Mr. COBURN submitted an Whereas the New York Yankees are rep- Whereas it would be appropriate to observe amendment intended to be proposed to resented in the National Baseball Hall of November 2009 as Pancreatic Cancer Aware- amendment SA 2730 proposed by Mr. JOHNSON Fame by 26 players, each of whom was in- ness Month to educate communities across (for himself and Mrs. HUTCHISON) to the bill ducted wearing the distinctive New York the Nation about pancreatic cancer and the H.R. 3082, supra. Yankees cap; need for research funding, early detection SA 2758. Mr. INHOFE (for himself, Mr. Whereas George Steinbrenner purchased methods, effective treatments, and treat- BROWNBACK, Mr. CORNYN, Mr. HATCH, Mr. the New York Yankees in 1973 and returned ment programs: Now, therefore, be it KYL, Mr. THUNE, Mr. VITTER, Mr. DEMINT, the team to prominence by winning 7 World Resolved, That the Senate supports the Mr. ENZI, Mr. ROBERTS, and Mr. BENNETT) Series championships under his direction; goals and ideals of Pancreatic Cancer Aware- submitted an amendment intended to be pro- Whereas in 2009, the New York Yankees ness Month. posed to amendment SA 2730 proposed by Mr. won a total of 114 games and claimed the f JOHNSON (for himself and Mrs. HUTCHISON) to American League East Division title, the the bill H.R. 3082, supra; which was ordered American League championship, and the AMENDMENTS SUBMITTED AND to lie on the table. World Series championship; PROPOSED SA 2759. Mr. DURBIN submitted an amend- Whereas the New York Yankees were led SA 2746. Mr. FEINGOLD submitted an ment intended to be proposed to amendment by manager Joe Girardi, future Hall of amendment intended to be proposed to SA 2730 proposed by Mr. JOHNSON (for himself Famers Derek Jeter and Mariano Rivera, and Mrs. HUTCHISON) to the bill H.R. 3082, amendment SA 2730 proposed by Mr. JOHNSON who both continued their legacies of supra. (for himself and Mrs. HUTCHISON) to the bill postseason excellence, and Hideki Matsui, H.R. 3082, making appropriations for mili- SA 2760. Mr. DURBIN submitted an amend- the first Japanese-born player to win the tary construction, the Department of Vet- ment intended to be proposed to amendment World Series Most Valuable Player Award; erans Affairs, and related agencies for the SA 2730 proposed by Mr. JOHNSON (for himself and fiscal year ending September 30, 2010, and for and Mrs. HUTCHISON) to the bill H.R. 3082, Whereas the New York Yankees are the other purposes; which was ordered to lie on supra. model franchise in sports for meeting the the table. SA 2761. Ms. MIKULSKI submitted an high standards that they have set for them- SA 2747. Mr. FEINGOLD submitted an amendment intended to be proposed to selves: Now, therefore, be it amendment intended to be proposed to amendment SA 2730 proposed by Mr. JOHNSON Resolved, That the Senate— amendment SA 2730 proposed by Mr. JOHNSON (for himself and Mrs. HUTCHISON) to the bill (1) congratulates the New York Yankees on (for himself and Mrs. HUTCHISON) to the bill H.R. 3082, supra; which was ordered to lie on winning the 2009 World Series; and H.R. 3082, supra; which was ordered to lie on the table. (2) recognizes and honors the New York the table. SA 2762. Mrs. GILLIBRAND submitted an Yankees for— SA 2748. Mr. FEINGOLD (for himself, Mr. amendment intended to be proposed to (A) their storied history; SANDERS, and Mr. SCHUMER) submitted an amendment SA 2730 proposed by Mr. JOHNSON (B) their many contributions to the na- amendment intended to be proposed to (for himself and Mrs. HUTCHISON) to the bill tional pastime of baseball; and amendment SA 2730 proposed by Mr. JOHNSON H.R. 3082, supra; which was ordered to lie on (C) continuing to carry the standards of (for himself and Mrs. HUTCHISON) to the bill the table. character, commitment, and achievement H.R. 3082, supra; which was ordered to lie on SA 2763. Mr. COCHRAN submitted an for baseball and the State of New York. the table. amendment intended to be proposed to f SA 2749. Mr. BINGAMAN (for himself and amendment SA 2730 proposed by Mr. JOHNSON Mr. UDALL, of New Mexico) submitted an (for himself and Mrs. HUTCHISON) to the bill SENATE RESOLUTION 348—SUP- amendment intended to be proposed to H.R. 3082, supra; which was ordered to lie on PORTING THE GOALS AND amendment SA 2730 proposed by Mr. JOHNSON the table. IDEALS OF PANCREATIC CANCER (for himself and Mrs. HUTCHISON) to the bill SA 2764. Ms. KLOBUCHAR submitted an AWARENESS MONTH H.R. 3082, supra; which was ordered to lie on amendment intended to be proposed to the table. amendment SA 2730 proposed by Mr. JOHNSON Mr. CASEY (for himself; Mr. WHITE- SA 2750. Ms. MIKULSKI (for herself and (for himself and Mrs. HUTCHISON) to the bill HOUSE, Mr. SCHUMER, Mr. SPECTER, Mr. Mr. GRASSLEY) submitted an amendment in- H.R. 3082, supra; which was ordered to lie on CARDIN, Mr. UDALL of Colorado, Mr. tended to be proposed by her to the bill H.R. the table. LAUTENBERG, Mr. BAYH, and Mr. 3082, supra; which was ordered to lie on the SA 2765. Ms. KLOBUCHAR submitted an BEGICH) submitted the following reso- table. amendment intended to be proposed to lution; which was referred to the Com- SA 2751. Mr. COCHRAN submitted an amendment SA 2730 proposed by Mr. JOHNSON mittee on Health, Education, Labor, amendment intended to be proposed to (for himself and Mrs. HUTCHISON) to the bill and Pensions: amendment SA 2730 proposed by Mr. JOHNSON H.R. 3082, supra; which was ordered to lie on (for himself and Mrs. HUTCHISON) to the bill the table. S. RES. 348 H.R. 3082, supra; which was ordered to lie on SA 2766. Mrs. FEINSTEIN submitted an Whereas approximately 42,470 people will the table. amendment intended to be proposed to be diagnosed with pancreatic cancer this SA 2752. Mr. JOHANNS (for himself and amendment SA 2730 proposed by Mr. JOHNSON year in the United States; Mr. BENNETT) submitted an amendment in- (for himself and Mrs. HUTCHISON) to the bill Whereas pancreatic cancer is the fourth tended to be proposed to amendment SA 2730 H.R. 3082, supra; which was ordered to lie on most common cause of cancer death in the proposed by Mr. JOHNSON (for himself and the table. United States and the tenth most commonly Mrs. HUTCHISON) to the bill H.R. 3082, supra; SA 2767. Mr. McCAIN submitted an amend- diagnosed cancer; which was ordered to lie on the table. ment intended to be proposed to amendment Whereas 76 percent of pancreatic cancer SA 2753. Mr. JOHNSON (for himself and Mrs. SA 2735 submitted by Mr. INOUYE (for him- patients die within the first year of their di- HUTCHISON) submitted an amendment in- self, Mr. COCHRAN, and Mr. JOHNSON) and in- agnosis and only 5 percent survive more than tended to be proposed to amendment SA 2730 tended to be proposed to the amendment SA 5 years, making pancreatic cancer the dead- proposed by Mr. JOHNSON (for himself and 2730 proposed by Mr. JOHNSON (for himself liest form of any major cancer; Mrs. HUTCHISON) to the bill H.R. 3082, supra; and Mrs. HUTCHISON) to the bill H.R. 3082, Whereas the number of new pancreatic which was ordered to lie on the table. supra; which was ordered to lie on the table. cancer cases is projected to increase by 12 SA 2754. Mr. INOUYE (for himself, Mr. SA 2768. Mr. REID (for Mr. LIEBERMAN) percent this year and by 55 percent by 2030; COCHRAN, and Mr. JOHNSON) submitted an proposed an amendment to the bill S. 1825, to Whereas there has been no significant im- amendment intended to be proposed to extend the authority for relocation expenses provement in survival rates for pancreatic amendment SA 2730 proposed by Mr. JOHNSON test programs for Federal employees, and for cancer during the last 30 years; (for himself and Mrs. HUTCHISON) to the bill other purposes. Whereas there are no early detection meth- H.R. 3082, supra. SA 2769. Mr. REID (for Mr. DODD) proposed ods and minimal treatment options for pan- SA 2755. Mr. LEVIN submitted an amend- an amendment to the resolution S. Res. 312, creatic cancer; ment intended to be proposed to amendment expressing the sense of the Senate on em- Whereas the symptoms of pancreatic can- SA 2730 proposed by Mr. JOHNSON (for himself powering and strengthening the United cer generally present themselves too late for and Mrs. HUTCHISON) to the bill H.R. 3082, States Agency for International Develop- an optimistic prognosis, and the average sur- supra; which was ordered to lie on the table. ment (USAID).

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SA 2770. Mr. REID (for Mr. DODD) proposed On page 52, after line 21, add the following: Faculty Loan Program authorized under sec- an amendment to the resolution S. Res. 312, SEC. 229. Of the amounts appropriated or tion 846A of the Public Health Service Act supra. otherwise made available by this title, the (42 U.S.C. 297n–1). f Secretary shall award $5,000,000 in competi- ‘‘(iii) No fee shall be imposed for the use of tively-awarded grants to community-based such visas if the employer demonstrates to TEXT OF AMENDMENTS organizations and State and local govern- the Secretary that the employer is a health SA 2746. Mr. FEINGOLD submitted ment entities with a demonstrated record of care facility that has been designated as a an amendment intended to be proposed serving veterans to conduct outreach to en- Health Professional Shortage Area facility sure that veterans in under-served areas re- to amendment SA 2730 proposed by Mr. by the Secretary of Health and Human Serv- ceive the care and benefits for which they ices under section 332 of the Public Health JOHNSON (for himself and Mrs. are eligible. Service Act (42 U.S.C. 254e)’’. HUTCHISON) to the bill H.R. 3082, mak- ing appropriations for military con- SA 2749. Mr. BINGAMAN (for himself SA 2751. Mr. COCHRAN submitted an struction, the Department of Veterans and Mr. UDALL of New Mexico) sub- amendment intended to be proposed to Affairs, and related agencies to the fis- mitted an amendment intended to be amendment SA 2730 proposed by Mr. cal year ending September 30, 2010, and proposed to amendment SA 2730 pro- JOHNSON (for himself and Mrs. for other purposes; which was ordered posed by Mr. JOHNSON (for himself and HUTCHISON) to the bill H.R. 3082, mak- to lie on the table; as follows: Mrs. HUTCHISON) to the bill H.R. 3082, ing appropriations for military con- On page 27, between lines 3 and 4, insert making appropriations for military struction, the Department of Veterans the following: construction, the Department of Vet- Affairs, and related agencies for the fis- SEC. 128. (a) During each of fiscal years 2010 erans Affairs, and related agencies for cal year ending September 30, 2010, and through 2014, the Secretary of Defense shall the fiscal year ending September 30, for other purposes; which was ordered submit to the congressional defense commit- to lie on the table; as follows: tees a report analyzing alternative designs 2010, and for other purposes; which was for any major construction projects re- ordered to lie on the table; as follows: On page 4, line 6, after the date, insert the quested in that fiscal year related to the se- On page 27, between lines 3 and 4, insert following: curity of strategic nuclear weapons facili- the following: Of which $9,800,000 shall be for an Aircraft Fuel Systems Maintenance Dock at Colum- ties. SEC. 128. (a)(1) The amount appropriated or (b) The report shall examine, with regard otherwise made available by this title under bus AFB, Mississippi to each alternative— the heading ‘‘MILITARY CONSTRUCTION, AIR SA 2752. Mr. JOHANNS submitted an (1) the costs, including full life cycle costs; FORCE’’ is hereby increased by $37,500,000. and (2) Of the amount appropriated or other- amendment intended to be proposed to (2) the benefits, including security en- wise made available by this title under the amendment SA 2730 proposed by Mr. hancements. heading ‘‘MILITARY CONSTRUCTION, AIR JOHNSON (for himself and Mrs. FORCE’’, as increased by paragraph (1), HUTCHISON) to the bill H.R. 3082, mak- SA 2747. Mr. FEINGOLD submitted $37,500,000 shall be available for construction ing appropriations for military con- an amendment intended to be proposed of an Unmanned Aerial System Field Train- struction, the Department of Veterans to amendment SA 2730 proposed by Mr. ing Complex at Holloman Air Force Base, Affairs, and related agencies for the fis- JOHNSON (for himself and Mrs. New Mexico. (b) Of the amount appropriated or other- cal year ending September 30, 2010, and HUTCHISON) to the bill H.R. 3082, mak- wise made available by title I of the Military for other purposes; which was ordered ing appropriations for military con- Construction and Veterans Affairs Appro- to lie on the table; as follows: struction, the Department of Veterans priations Act, 2009 (division E of Public Law On page 60, after line 24, insert the fol- Affairs, and related agencies for the fis- 110–329; 122 Stat. 3692) under the heading lowing: cal year ending September 30, 2010, and ‘‘MILITARY CONSTRUCTION, AIR FORCE’’ and SEC. 6ll. None of the funds made avail- for other purposes; which was ordered available for the purpose of Unmanned Aer- able under this Act may be distributed to the to lie on the table; as follows: ial System Field Training facilities con- Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. On page 52, after line 21, add the following: struction, $38,500,000 is hereby rescinded. SEC. 229. (a) CAMPUS OUTREACH AND SERV- SA 2753. Mr. JOHNSON (for himself ICES FOR MENTAL HEALTH AND NEUROLOGICAL SA 2750. Ms. MIKULSKI (for herself and Mrs. HUTCHISON) submitted an CONDITIONS.—Of the amounts appropriated or and Mr. GRASSLEY) submitted an otherwise made available by this title, amendment intended to be proposed by amendment intended to be proposed to $5,000,000 shall be available for readjustment her to the bill H.R. 3082, making appro- amendment SA 2730 proposed by Mr. counseling and related mental health serv- priations for military construction, the JOHNSON (for himself and Mrs. ices under section 1712A of title 38, United Department of Veterans Affairs, and HUTCHISON) to the bill H.R. 3082, mak- States Code, to conduct outreach to and pro- related agencies for the fiscal year end- ing appropriations for military con- vide services at institutions of higher edu- ing September 30, 2010, and for other struction, the Department of Veterans cation to ensure that veterans enrolled in Affairs, and related agencies for the fis- programs of education at such institutions purposes; which was ordered to lie on have information on and access to care and the table; as follows: cal year ending September 30, 2010, and services for neurological and psychological At the appropriate place, insert the fol- for other purposes; which was ordered issues. lowing: to lie on the table; as follows: (b) SUPPLEMENT NOT SUPPLANT.—The SEC. ll. ADMISSION OF NONIMMIGRANT On page 56, between lines 9 and 10, insert amount described in subsection (a) for the NURSES. the following: purposes described in such subsection is in (a) 1-YEAR EXTENSION FOR ADMISSION OF ADMINISTRATIVE PROVISION addition to amounts otherwise appropriated NONIMMIGRANT NURSES IN HEALTH PROFES- SEC. 401. (a)(1) The amount appropriated or or made available for readjustment coun- SIONAL SHORTAGE AREAS.—Section 2(e)(2) of otherwise made available by this title under seling and related mental health services the Nursing Relief for Disadvantaged Areas the heading ‘‘MILITARY CONSTRUCTION, under such section 1712A. Act of 1999 (8 U.S.C. 1182 note) is amended by ARMY’’ and available for a dining hall project striking ‘‘3 years’’ and inserting ‘‘4 years’’. SA 2748. Mr. FEINGOLD (for himself, at Forward Operating Base Dwyer is hereby (b) NURSE SHORTAGE FEE.—Section increased by $4,400,000. Mr. SANDERS, and Mr. SCHUMER) sub- 212(m)(2) of the Immigration and Nationality (2) The amount appropriated or otherwise mitted an amendment intended to be Act (8 U.S.C. 1182(m)(2)) is amended by add- made available by this title under the head- proposed to amendment SA 2730 pro- ing at the end the following: ing ‘‘MILITARY CONSTRUCTION, ARMY’’ and posed by Mr. JOHNSON (for himself and ‘‘(G)(i) In addition to the fee authorized available for a dining hall project at Forward Mrs. HUTCHISON) to the bill H.R. 3082, under subparagraph (F), the Secretary of Operating Base Maywand is hereby reduced making appropriations for military Labor shall impose a filing fee of $1,000 on by $4,400,000. construction, the Department of Vet- each petitioning employer who uses a visa (b)(1) The amount appropriated or other- under subparagraph (A). wise made available by this title under the erans Affairs, and related agencies for ‘‘(ii) Fees collected under this subpara- heading ‘‘MILITARY CONSTRUCTION, ARMY’’ the fiscal year ending September 30, graph shall be deposited as offsetting re- and available for a dining hall project at 2010, and for other purposes; which was ceipts in a fund established in the Treasury Forward Operating Base Wolverine is hereby ordered to lie on the table; as follows: of the United States to support the Nurse increased by $2,150,000.

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.001 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27619 (2) The amount appropriated or otherwise SA 2756. Mr. WEBB submitted an tained as of October 1, 2009, at Naval Station, made available by this title under the head- amendment intended to be proposed to Guantanamo Bay, Cuba. ing ‘‘MILITARY CONSTRUCTION, ARMY’’ and amendment SA 2730 proposed by Mr. (b) In this section, the term ‘‘United available for a dining hall project at Forward States’’ means the several States and the JOHNSON (for himself and Mrs. Operating Base Tarin Kowt is hereby reduced District of Columbia. by $2,150,000. HUTCHISON) to the bill H.R. 3082, mak- ing appropriations for military con- SA 2759. Mr. DURBIN submitted an SA 2754. Mr. INOUYE (for himself, struction, the Department of Veterans amendment intended to be proposed to Mr. COCHRAN, and Mr. JOHNSON) sub- Affairs, and related agencies for the fis- amendment SA 2730 proposed by Mr. mitted an amendment intended to be cal year ending September 30, 2010, and JOHNSON (for himself and Mrs. proposed to amendment SA 2730 pro- for other purposes; which was ordered HUTCHISON) to the bill H.R. 3082, mak- posed by Mr. JOHNSON (for himself and to lie on the table; as follows: ing appropriations for military con- Mrs. HUTCHISON) to the bill H.R. 3082, On page 60, after line 24, add the following: struction, the Department of Veterans making appropriations for military SEC. 608. At the discretion of the Attorney Affairs, and related agencies for the fis- construction, the Department of Vet- General, amounts appropriated under the cal year ending September 30, 2010, and erans Affairs, and related agencies for heading ‘‘COMMUNITY ORIENTED POLICING for other purposes; as follows: SERVICES’’ under the heading ‘‘OFFICE OF the fiscal year ending September 30, On page 52, after line 21, add the following: JUSTICE PROGRAMS’’ under title II of division SEC. 229. (a)(1)(A) Of the amount made 2010, and for other purposes; as follows: B of the Omnibus Appropriations Act, 2009 available by this title for the Veterans On page 27, between lines 3 and 4, insert (Public Law 111–8; 123 Stat. 583) for law en- Health Administration under the heading the following: forcement technologies and interoperable ‘‘MEDICAL SERVICES’’, $1,500,000 shall be avail- SEC. 128. (a)(1) The amount appropriated or communications for Southside Virginia law able to allow the Secretary of Veterans Af- otherwise made available by this title under enforcement for technology upgrades may be fairs to offer incentives to qualified health the heading ‘‘MILITARY CONSTRUCTION, DE- available to the sheriffs’ offices of care providers working in underserved rural FENSE-WIDE’’ is hereby increased by Pittsylvania, Cumberland, Bedford, Henry, areas designated by the Veterans Health Ad- $68,500,000, with the amount of such increase Brunswick, Campbell, and Greene counties in ministration, in addition to amounts other- to remain available until September 30, 2014. Virginia and the Sheriff’s Office of the City wise available for other pay and incentives. (2) Of the amount appropriated or other- of Martinsville, Virginia for law enforcement (B) Health care providers shall be eligible wise made available by this title under the technology. for incentives pursuant to this paragraph heading ‘‘MILITARY CONSTRUCTION, DEFENSE- only for the period of time that they serve in WIDE’’, as increased by paragraph (1), SA 2757. Mr. COBURN submitted an $68,500,000 shall be available for the construc- designated areas. amendment intended to be proposed to (2)(A) Of the amount made available by tion of an Aegis Ashore Test Facility at the amendment SA 2730 proposed by Mr. this title for the Veterans Health Adminis- Pacific Missile Range Facility, Hawaii. Not- JOHNSON (for himself and Mrs. tration under the heading ‘‘MEDICAL SUPPORT withstanding any other provision of law, AND COMPLIANCE’’, $1,500,000 shall be avail- such funds may be obligated and expended to HUTCHISON) to the bill H.R. 3082, mak- able to allow the Secretary of Veterans Af- carry out planning and design and construc- ing appropriations for military con- fairs to offer incentives to qualified health tion not otherwise authorized by law. struction, the Department of Veterans care administrators working in underserved (b) Of the amount appropriated or other- Affairs, and related agencies for the fis- rural areas designated by the Veterans wise made available by title I of the Military cal year ending September 30, 2010, and Health Administration, in addition to Construction and Veterans Affairs Appro- for other purposes; as follows: amounts otherwise available for other pay priations Act, 2009 (division E of Public Law At the appropriate place, insert the fol- and incentives. 110–329; 122 Stat. 3692) under the heading lowing: (B) Health care administrators shall be eli- ‘‘MILITARY CONSTRUCTION, DEFENSE-WIDE’’ SEC. lll. (a) Notwithstanding any other gible for incentives pursuant to this para- and available for the purpose of European provision of this Act and except as provided graph only for the period of time that they Ballistic Missile Defense program construc- in subsection (b), any report required to be serve in designated areas. tion, $69,500,000 is hereby rescinded. submitted by a Federal agency or depart- (b) Not later than March 31, 2010, the Sec- retary of Veterans Affairs shall submit to Mr. LEVIN submitted an ment to the Committee on Appropriations of SA 2755. either the Senate or the House of Represent- the Committees on Veterans’ Affairs and Ap- amendment intended to be proposed to atives in this Act shall be posted on the pub- propriations of the Senate and the House of amendment SA 2730 proposed by Mr. lic website of that agency upon receipt by Representatives a report detailing the num- JOHNSON (for himself and Mrs. the committee. ber of new employees receiving incentives HUTCHISON) to the bill H.R. 3082, mak- (b) Subsection (a) shall not apply to a re- under the pilot program established pursu- ing appropriations for military con- port if— ant to this section, describing the potential struction, the Department of Veterans (1) the public posting of the report com- for retaining those employees, and explain- Affairs, and related agencies for the fis- promises national security; or ing the structure of the program. cal year ending September 30, 2010, and (2) the report contains proprietary infor- mation. SA 2760. Mr. DURBIN submitted an for other purposes; which was ordered amendment intended to be proposed to to lie on the table; as follows: SA 2758. Mr. INHOFE (for himself, amendment SA 2730 proposed by Mr. On page 60, after line 24, add the following: Mr. BROWNBACK, Mr. CORNYN, Mr. JOHNSON (for himself and Mrs. SEC. 608. Of the amounts appropriated for HATCH, Mr. KYL, Mr. THUNE, Mr. VIT- HUTCHISON) to the bill H.R. 3082, mak- the Edward Byrne Memorial Justice Assist- TER, Mr. DEMINT, Mr. ENZI, and Mr. ing appropriations for military con- ance Grant Program under subpart 1 of part ROBERTS) submitted an amendment in- struction, the Department of Veterans E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et tended to be proposed to amendment Affairs, and related agencies for the fis- seq.) under the heading ‘‘STATE AND LOCAL SA 2730 proposed by Mr. JOHNSON (for cal year ending September 30, 2010, and LAW ENFORCEMENT ASSISTANCE’’ under the himself and Mrs. HUTCHISON) to the bill for other purposes; as follows: heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ H.R. 3082, making appropriations for At the end of title II, add the following: under the heading ‘‘STATE AND LOCAL LAW military construction, the Department SEC. 229. (a) NAMING OF HEALTH CARE CEN- ENFORCEMENT ACTIVITIES’’ under title II of of Veterans Affairs, and related agen- TER.—Effective October 1, 2010, the North the Omnibus Appropriations Act, 2009 (Pub- cies for the fiscal year ending Sep- Chicago Veterans Affairs Medical Center lo- lic Law 111–8; 123 Stat. 579), at the discretion tember 30, 2010, and for other purposes; cated in Lake County, Illinois, shall be of the Attorney General, the amounts to be known and designated as the ‘‘Captain made available to Genesee County, Michigan which was ordered to lie on the table; James A. Lovell Federal Health Care Cen- for assistance for individuals transitioning as follows: ter’’. from prison in Genesee County, Michigan On page 60, after line 24, add the following: (b) REFERENCES.—Any reference to the pursuant to the joint statement of managers SEC. 608. (a) None of the funds appropriated medical center referred to in subsection (a) accompanying that Act may be made avail- or otherwise made available by this Act or in any law, regulation, map, document, able to My Brother’s Keeper of Genesee any prior Act may be used to construct or record, or other paper of the United States County, Michigan to provide assistance for modify a facility or facilities in the United shall be considered to be a reference to the individuals transitioning from prison in Gen- States or its territories to permanently or Captain James A. Lovell Federal Health Care esee County, Michigan. temporarily hold any individual who was de- Center.

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.001 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27620 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 SA 2761. Ms. MIKULSKI submitted will carry out review and actions set forth cal year ending September 30, 2010, and an amendment intended to be proposed under paragraph (2). for other purposes; which was ordered to amendment SA 2730 proposed by Mr. (4) A statement of the estimated cost of to lie on the table; as follows: the study described in paragraph (2). JOHNSON (for himself and Mrs. On page 60, after line 24, add the following: HUTCHISON) to the bill H.R. 3082, mak- SA 2763. Mr. COCHRAN submitted an SEC. 608. (a) ADDITIONAL AMOUNT FOR FI- NANCIAL ASSISTANCE TO FACILITATE FUR- ing appropriations for military con- amendment intended to be proposed to NISHING OF LEGAL ASSISTANCE TO VET- struction, the Department of Veterans amendment SA 2730 proposed by Mr. Affairs, and related agencies for the fis- ERANS.—The amount appropriated by title III JOHNSON (for himself and Mrs. under the heading ‘‘UNITED STATES COURT OF cal year ending September 30, 2010, and HUTCHISON) to the bill H.R. 3082, mak- APPEALS FOR VETERANS CLAIMS’’ is hereby in- for other purposes; which was ordered ing appropriations for military con- creased by $1,000,000, with the amount of the to lie on the table; as follows: struction, the Department of Veterans increase to be available for the provision of At the end of title II, add the following: Affairs, and related agencies for the fis- financial assistance as described under that SEC. 229. (a) FUNDING FOR WHITE HOUSE cal year ending September 30, 2010, and heading. COMMISSION ON THE NATIONAL MOMENT OF RE- (b) OFFSET.—The amount appropriated or for other purposes; which was ordered MEMBRANCE.—Of the amount appropriated or otherwise made available by title III under otherwise made available by this title under to lie on the table; as follows: the heading ‘‘AMERICAN BATTLE MONUMENTS the heading ‘‘DEPARTMENTAL ADMINISTRA- At the end of title II, add the following: COMMISSION’’ is hereby decreased by TION’’ under the heading ‘‘GENERAL OPER- SEC. 229. (a) MODIFICATION ON RESTRICTION $1,000,000. ATING EXPENSES’’, $200,000 shall be available OF ALIENATION OF CERTAIN REAL PROPERTY IN for the White House Commission on the Na- GULFPORT, MISSISSIPPI.—Section 2703(b) of SA 2766. Mrs. FEINSTEIN submitted tional Moment of Remembrance established the Emergency Supplemental Appropriations an amendment intended to be proposed by section 5 of the National Moment of Re- Act for Defense, the Global War on Terror, to amendment SA 2730 proposed by Mr. membrance Act (36 U.S.C. 116 note) for ac- and Hurricane Recovery, 2006 (Public Law JOHNSON (for himself and Mrs. tivities under that Act. 109–234; 120 Stat. 469), as amended by section HUTCHISON) to the bill H.R. 3082, mak- (b) SENSE OF SENATE.—It is the sense of the 231 of the Military Construction and Vet- Senate that the budget of the President for erans Affairs and Related Agencies Appro- ing appropriations for military con- each fiscal year after fiscal year 2010 should priations Act, 2009 (division E of Public Law struction, the Department of Veterans include a specific request for funds for the 110–329; 122 Stat. 3713), is further amended by Affairs, and related agencies for the fis- White House Commission on the National inserting after ‘‘the City of Gulfport’’ the cal year ending September 30, 2010, and Moment of Remembrance for activities following: ‘‘, or its urban renewal agency,’’. for other purposes; which was ordered under that Act during such fiscal year. (b) MEMORIALIZATION OF MODIFICATION.— to lie on the table; as follows: The Secretary of Veterans Affairs shall take On page 60, after line 24, add the following: SA 2762. Mrs. GILLIBRAND sub- appropriate actions to modify the quitclaim deeds executed to effectuate the conveyance SEC. 608. CERTIORARI TO THE UNITED STATES mitted an amendment intended to be COURT OF APPEALS FOR THE proposed to amendment SA 2730 pro- authorized by section 2703 of the Emergency ARMED FORCES. Supplemental Appropriations Act for De- posed by Mr. JOHNSON (for himself and (a) IN GENERAL.—Section 1259 of title 28, fense, the Global War on Terror, and Hurri- Mrs. HUTCHISON) to the bill H.R. 3082, United States Code, is amended— cane Recovery, 2006 in order to accurately (1) in paragraph (3), by inserting ‘‘or de- making appropriations for military reflect and memorialize the amendment construction, the Department of Vet- nied’’ after ‘‘granted’’; and made by subsection (a). (2) in paragraph (4), by inserting ‘‘or de- erans Affairs, and related agencies for nied’’ after ‘‘granted’’. the fiscal year ending September 30, SA 2764. Ms. KLOBUCHAR submitted (b) TECHNICAL AND CONFORMING AMEND- 2010, and for other purposes; which was an amendment intended to be proposed MENT.—Section 867a(a) of title 10, United ordered to lie on the table; as follows: to amendment SA 2730 proposed by Mr. States Code, is amended by striking ‘‘The At the end of title II, add the following: JOHNSON (for himself and Mrs. Supreme Court may not review by a writ of SEC. 229. (a) REPORT ON PLANS FOR EXAM- HUTCHISON) to the bill H.R. 3082, mak- certiorari under this section any action of INING ASSOCIATION BETWEEN DISEASES IN ing appropriations for military con- the Court of Appeals for the Armed Forces in CHILDREN AND EXPOSURE OF PARENTS TO HER- struction, the Department of Veterans refusing to grant a petition for review.’’. BICIDE AGENTS USED IN MILITARY OPERATIONS Affairs, and related agencies for the fis- IN VIETNAM.—Not later than six months after SA 2767. Mr. MCCAIN submitted an the date of the enactment of this Act, the cal year ending September 30, 2010, and amendment intended to be proposed to Secretary of Veterans Affairs shall submit to for other purposes; which was ordered amendment SA 2735 submitted by Mr. the Committee on Veterans’ Affairs of the to lie on the table; as follows: INOUYE (for himself, Mr. COCHRAN, and Senate and the Committee on Veterans’ Af- On page 52, after line 21, add the following: Mr. JOHNSON) and intended to be pro- fairs of the House of a Representatives a re- SEC. 229. (a) STUDY ON IMPROVEMENTS TO IN- posed to the amendment SA 2730 pro- port on the plans of the Department of Vet- FORMATION TECHNOLOGY INFRASTRUCTURE posed by Mr. JOHNSON (for himself and erans Affairs to examine the association be- NEEDED TO FURNISH HEALTH CARE SERVICES UTCHISON tween diseases in children and the exposure TO VETERANS USING TELEHEALTH PLAT- Mrs. H ) to the bill H.R. 3082, of their parents to herbicides used in support FORMS.—The Secretary of Veterans Affairs making appropriations for military of military operations in Vietnam. shall carry out a study to identify the im- construction, the Department of Vet- (b) ELEMENTS.—The report required by sub- provements to the information technology erans Affairs, and related agencies for section (a) shall include the following: infrastructure of the Department of Vet- the fiscal year ending September 30, (1) A description of current efforts of the erans Affairs that are required to furnish 2010, and for other purposes; which was Department of Veterans Affairs to examine health care services to veterans using tele- ordered to lie on the table; as follows: the association between diseases in children health platforms. On page 2 of the amendment, beginning on and the exposure of their parents to herbi- (b) AVAILABILITY OF FUNDS.—The amounts cides used in support of military operations appropriated or otherwise made available by line 8, strike ‘‘Notwithstanding’’ and all that follows through line 11. in Vietnam. this title under the headings ‘‘DEPART- (2) A plan for a study by the Department to MENTAL ADMINISTRATION’’ and ‘‘INFORMATION examine potential associations between dis- TECHNOLOGY SYSTEMS’’ shall be available to SA 2768. Mr. REID (for Mr. LIEBER- eases in children and the exposure of their the Secretary of Veterans Affairs to carry MAN) proposed an amendment to the parents to herbicides used in support of mili- out the study required by subsection (a). bill S. 1825, to extend the authority for tary operations in Vietnam, including a plan relocation expenses test programs for to— SA 2765. Ms. KLOBUCHAR submitted Federal employees, and for other pur- (A) review current scientific literature on an amendment intended to be proposed poses; as follows: such associations and identify any gaps in to amendment SA 2730 proposed by Mr. scientific knowledge regarding such associa- On page 3, line 5, strike ‘‘October 31, 2009’’ JOHNSON (for himself and Mrs. tions. and insert ‘‘December 18, 2009’’. (B) carry out actions to address any gaps HUTCHISON) to the bill H.R. 3082, mak- identified under subparagraph (A). ing appropriations for military con- SA 2769. Mr. REID (for Mr. DODD) (3) A statement of the agencies, organiza- struction, the Department of Veterans proposed an amendment to the resolu- tions, or entities with which the Department Affairs, and related agencies for the fis- tion S. Res. 312, expressing the sense of

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.001 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27621 the Senate on empowering and tered by Federal agencies other than USAID, Military Construction and Veterans Af- strengthening the United States Agen- and funding for such programs’’. fairs Appropriations bill. cy for International Development f In view of the memorial service in (USAID); as follows: Texas, there will be no rollcall votes Strike all after the resolving clause and in- NOTICE OF HEARING tomorrow. We have tried to be more sert the following: COMMITTEE ON ENERGY AND NATURAL definite. I have had a number of Sen- That it is the sense of the Senate that— RESOURCES ators who have said they would go if (1) a highly capable and knowledgeable in- Mr. BINGAMAN. Mr. President, I there were no votes. I could not earlier dividual should be nominated with all expe- diency and exigency to serve as the Adminis- would like to announce for the infor- today give them any indication that trator of the United States Agency for Inter- mation of the Senate and the public there would be no votes, but I think at national Development; that a hearing has been scheduled be- this stage, with the memorial service (2) the Administrator should— fore the Senate Committee on Energy in Texas taking place and a number of (A) serve as the chief advocate for United and Natural Resources. The hearing Senators wanting to go, we will have States development capacity and strategy in will be held on Tuesday, November 17, no votes tomorrow. There was some top-level national security deliberations; 2009, at 10 a.m in room SD–366 of the consideration that we would do it after (B) serve as a powerful advocate and effec- Dirksen Senate Office Building. they get back, but we have Veterans tive leader of an empowered USAID; and (C) marshal the resources, knowledge, ca- The purpose of this hearing is to ex- Day the next day, so we are going to pacity, and experiences of USAID— plore the international aspects of glob- have no votes until next Monday, a (i) to effectively represent USAID in inter- al climate change. week from today. We will continue to agency debate and in advancing and exe- Because of the limited time available work on the health care legislation and cuting foreign policy; and for the hearing, witnesses may testify other things that are going to make (ii) to improve ultimately the effectiveness by invitation only. However, those that week prior to Thanksgiving ex- and capability of United States foreign as- wishing to submit written testimony tremely eventful. sistance; for the hearing record may do so by The regular caucus lunch will be held (3) USAID must be empowered to be the primary development agency of the United sending it to the Committee on Energy tomorrow, the Democratic lunch at the States, and the Administrator must serve as and Natural Resources, United States usual location. President Clinton will the principal advisor to the President and Senate, Washington, D.C. 20510–6150, or be at that lunch to talk to us about national security organs of the United by e-mail to GinalWeinstock health care and certainly he is some- States Government on the capacity and @energy.senate.gov. one who knows a lot about health care. strategy of United States development as- For further information, please con- The Democratic Members are encour- sistance; tact Jonathan Black at (202) 224–6722 or aged to attend the caucus luncheon to- (4) the Administrator should substantially Gina Weinstock at (202) 224–5684. morrow. As we know, it starts at 12:30. and transparently increase the total number of full-time Foreign Service Officers em- f f ployed by USAID, in part by reducing the re- EXECUTIVE SESSION liance on outside contractor personnel, in AUTHORITY FOR COMMITTEES TO order to enhance the ability of the agency MEET to— SUBCOMMITTEE ON WATER AND WILDLIFE EXECUTIVE CALENDAR (A) carry out development activities around the world by providing USAID with Mr. DURBIN. Mr. President, I ask Mr. REID. Mr. President, I ask unan- additional human resources and expertise unanimous consent that the Sub- imous consent that the Senate proceed needed to meet important development and committee on Water and Wildlife of the to executive session to consider Cal- humanitarian needs around the world; Committee on Environment and Public endar No. 530, the nomination of David (B) strengthen the institutional capacity Works be authorized to meet during Gompert, to be Principal Deputy Direc- of USAID as the lead development agency of the session of the Senate on November tor of National Intelligence; that the the United States; and 9, 2009, at 3 p.m. in room 406 of the nomination be confirmed, and the mo- (C) more effectively help developing na- Dirksen Senate Office Building. tions to become more stable, healthy, demo- tion to reconsider be laid upon the cratic, prosperous, and self-sufficient; and The PRESIDING OFFICER. Without table; that no further motions be in (5) the Administrator should submit a objection, it is so ordered. order; that any statements relating to strategy to Congress that includes— f the nomination be printed in the (A) a plan to create a professional training RECORD; and that the President be im- PRIVILEGES OF THE FLOOR program that will provide new and current mediately notified of the Senate’s ac- Agency employees with technical, manage- Mr. REID. Mr. President, I ask unan- tion, and the Senate resume legislative ment, leadership, and language skills; imous consent, on behalf of Senator (B) a 5-year staffing plan; session. (C) a description of further resources and DODD, that CPT Lindsay George, a fel- The PRESIDING OFFICER (Mr. statutory changes necessary to implement low in his office, be granted the privi- MERKLEY). Is there objection? the proposed training and staffing plans; and lege of the floor for the consideration Without objection, it is so ordered. (D) a plan to address fraud and corruption of H.R. 3082. The nomination considered and con- in United States development assistance and The ACTING PRESIDENT pro tem- firmed is as follows: procedures to safeguard United States for- pore. Without objection, it is so or- OFFICE OF THE DIRECTOR OF NATIONAL eign assistance funds from going to persons dered. INTELLIGENCE or organizations that advocate or engage in acts of international terrorism. f David C. Gompert, of Virginia, to be Prin- cipal Deputy Director of National Intel- SA 2770. Mr. REID (for Mr. DODD) ORDER OF BUSINESS ligence. proposed an amendment to the resolu- Mr. REID. Madam President, we have Mrs. FEINSTEIN. Mr. President, I tion S. Res. 312, expressing the sense of worked all day to try to come up with support the nomination of Mr. David C. the Senate on empowering and some agreement with the Republicans Gompert to be the Principal Deputy strengthening the United States Agen- to move forward on the Military Con- Director of National Intelligence and cy for International Development struction bill. We are hopeful tomor- urge my colleagues to support this (USAID); as follows: row that we can do that. Today we nomination. The Senate Select Com- Strike the eighth whereas clause of the have been unsuccessful. We have been mittee on Intelligence unanimously ap- preamble. unsuccessful, of course, in getting an proved Mr. Gompert’s nomination by In the tenth whereas clause of the pre- amble, strike ‘‘all aid programs are adminis- agreement to move forward on the voice vote on October 29. tered by Federal agencies other than USAID, package of bills dealing with veterans. The Principal Deputy DNI is an ex- and development funding’’ and insert ‘‘all We will continue to work on a finite tremely important position that has foreign assistance programs are adminis- list of amendments remaining to the two main responsibilities: 1: to assist

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.001 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27622 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 the DNI, and 2: to act on behalf of the fessional and information technology perspective on how to address the chal- DNI in his absence or due to a vacancy company executive. He has also served lenges lying ahead for the Intelligence in the position. as a national security analyst in senior Community. The Director of National Intel- White House and State Department po- I look forward to the Senate approv- ligence, Admiral Blair, has made clear sitions. ing Mr. Gompert’s nomination and I to me and to the committee his strong Most recently, Mr. Gompert has yield the Floor. desire to have Mr. Gompert in place to worked in the Office of the Director of f carry out his duties. In fact, Director National Intelligence—ODNI—on a LEGISLATIVE SESSION Blair’s predecessor, Admiral Mike short-term assignment to evaluate how McConnell, told the Committee when the ODNI’s mission managers are The PRESIDING OFFICER. The Sen- he was in office that carrying out the working in practice. In that informal ate will resume legislative session. DNI function requires a strong and able role, Mr. Gompert worked to identify f what additional measures can be taken deputy, and that a lengthy vacancy in THE CALENDAR the PD-DNI positions was a major to facilitate mission management and problem during his tenure. other forms of cross-agency teaming of Mr. REID. Mr. President, I ask unan- Mr. Gompert has made clear that he analysts and intelligence collectors. imous consent that the Senate proceed will assist Director Blair by serving as Before his service at the ODNI, Mr. to the immediate consideration of the the lead intelligence official in many Gompert was a Senior Fellow at the following postal naming bills en bloc: policymaking areas, including the nu- RAND Corporation. Prior to this he Calendar Nos. 198 through 207: H.R. 955, merous National Security Council was Distinguished Research Professor H.R. 1516, H.R. 1713, H.R. 2004, H.R. 2215, meetings in which intelligence assess- at the Center for Technology and Na- H.R. 2760, H.R. 2972, H.R. 3119, H.R. 3386, ments play a key role. tional Security Policy at the National and H.R. 3547. He will also have an important role Defense University. There being no objection, the Senate to play in assuring that the National In 2003 he was a senior advisor for Na- proceeded to consider the bills en bloc. Intelligence Program, which was re- tional Security and Defense to the Coa- Mr. REID. Mr. President, I will make cently disclosed to account for $49.8 lition Provisional Authority in Iraq. a brief comment. I had the good for- He has also been on the faculty of the billion in fiscal year 2009, is managed tune of serving with Wes Watkins, a RAND Pardee Graduate School, the well and provides to the American pub- Member of the House of Representa- United States Naval Academy, and the lic the intelligence capability required tives from Oklahoma. It is a very good National Defense University. thing that there is going to be a build- to keep the nation safe and its policy- Mr. Gompert served as President of makers well informed. ing named after him. RAND Europe from 2000 to 2003, during Finally, Rex Lee was my neighbor Especially given Mr. Gompert’s role which period he was on the RAND Eu- in the private sector, the committee when I first came back to Congress. His rope Executive Board and the chairman son and my boy Josh were best friends. will look to him to import and insist of RAND Europe-UK. He was vice presi- on strong management practices to They still are. Rex Lee was one of dent of RAND and director of the Na- America’s all-time great legal minds. reign in troubled acquisitions, improve tional Defense Research Institute from information sharing, and help run our He argued numerous cases before the 1993 to 2000. U.S. Supreme Court. He was stricken intelligence apparatus as a true com- From 1990 to 1993, Mr. Gompert as a young man with an incurable type munity and not just a collection of served as special assistant to President of cancer and died at a much too early agencies. George H. W. Bush and senior director age. He was first dean of the BYU Law If confirmed, Mr. Gompert will be the for Europe and Eurasia on the National School and then president of BYU. His third principal deputy DNI since Con- Security Council staff. He has held a No. 1 qualification was his legal mind, gress created the position in 2004. As I number of positions at the State De- which was outstanding, and he had mentioned previously, the position has partment, including deputy to the such a wonderful family. I think that is been unfilled for much of the time, so Under Secretary for Political Affairs, wonderful that there is going to be a I am pleased that the President has 1982–83; deputy assistant secretary for building named after Rex Lee in Provo, nominated Mr. Gompert and I am also European Affairs, 1981–82; deputy direc- UT. He deserves that. pleased he will be confirmed quickly. tor of the Bureau of Political-Military Mr. HATCH. Mr. President, I rise Mr. Gompert was nominated by Affairs, 1977–81; and special assistant to today to pay tribute to Rex E. Lee, a President Obama on August 6, 2009—the Secretary of State Henry Kissinger, man whose legacy we recognize today day before Congress broke for the Au- 1973–75. gust Recess. After going through the Mr. Gompert worked as an executive by renaming the post office in Provo, pre-hearing procedures, the Senate In- in the private sector from 1983–1990, UT in his honor. Supreme Court Jus- telligence Committee held a confirma- when he held executive positions at tice Sandra Day O’Conner captured my tion hearing on the nomination on Oc- Unisys and at AT&T. own feelings about Rex when she said: tober 13, 2009. As part of the confirma- At Unisys, 1989–90, he was president Knowing him [Rex] was one of the greatest tion process, Mr. Gompert was asked to of the Systems Management Group and privileges of my life. Remembering him will complete a committee questionnaire, vice president for Strategic Planning be one of the easiest. pre-hearing questions, and post-hearing and Corporate Development. At AT&T, Graduating first in his class from the questions for the record. The answers 1983–1989, he was vice president, civil University of Chicago Law School in provided by Mr. Gompert have all been sales and programs, and director of 1963, Rex went on to serve as a law posted to our committee website. international market planning. clerk for Byron White on the U.S. Su- From my meeting with Mr. Gompert Mr. Gompert holds a Bachelor of preme Court. Then, just 4 years out of and based on his answers to the ques- Science degree in engineering from the law school, Rex argued his first case tions put to him by members of the In- United States Naval Academy and a before the Supreme Court in 1967, and telligence Committee, I can say that Master of Public Affairs degree from went on in 1972 to become the Found- Mr. Gompert has proven that he will be the Woodrow Wilson School, Princeton ing Dean of the J. Reuben Clark Law an excellent addition to help the Office University. School at Brigham Young University. of the Director of National Intelligence In sum, Mr. Gompert will be an asset In addition to serving as an Assistant carry out all of its important respon- to the Intelligence Community because Attorney General in charge of the Civil sibilities and to make continued re- he has worked at the intersection of in- Division at the Department of Justice forms. His responses to our questions telligence and policy for much of his in the middle of the 1970s, Rex served have been thoughtful and thorough. career. as the Solicitor General of the United Mr. Gompert has almost 40 years of His background has provided good States from 1981 to 1985. In fact, over experience as a national security pro- management experience and a unique the span of his life, Rex argued 59 cases

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.001 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27623 before the Supreme Court of the United AKRON VETERANS MEMORIAL reading, read the third time, and States and his record as the Solicitor POST OFFICE passed. General is impressive. Never one to The bill (H.R. 2004) to designate the f rest, Rex was then named as the 10th facility of the United States Postal president of Brigham Young University EXTENDING AUTHORITY FOR Service located at 4282 Beach Street in RELOCATION EXPENSES in 1989, where he served thousands of Akron, Michigan, as the ‘‘Akron Vet- students, faculty, and administrators erans Memorial Post Office,’’ was or- Mr. REID. Mr. President, I ask unan- faithfully for over 6 years. As a man, dered to a third reading, read the third imous consent that the Senate proceed Rex is someone I respected; as a dedi- time, and passed. to the immediate consideration of Cal- cated husband, father, and friend, Rex endar No. 196, S. 1825. is someone who is deeply missed. f The PRESIDING OFFICER. The Anyone who had the privilege of JOHN J. SHIVNEN POST OFFICE clerk will report the bill by title. knowing Rex, as I did, well remembers BUILDING The assistant legislative clerk read his stellar service to his community, as follows: our State, and to the Nation as a The bill (H.R. 2215) to designate the facility of the United States Postal A bill (S. 1825) to extend the authority for whole. Long after his passing, his influ- relocation expenses test programs for Fed- ence still lingers and is keenly felt ev- Service located at 140 Merriman Road eral employees, and for other purposes. in Garden City, Michigan, as the ‘‘John erywhere from the classrooms at BYU There being no objection, the Senate J. Shivnen Post Office Building,’’ was to the corridors of our government’s proceeded to consider the bill. ordered to a third reading, read the most revered institutions. Renaming Mr. REID. Mr. President, I ask unan- third time, and passed. the Provo Post Office in Rex’s honor imous consent that the Lieberman befits a public servant of his stature, f amendment, which is at the desk, be and I am pleased to support this legis- JOHNNY GRANT HOLLYWOOD POST agreed to, the bill, as amended, be read lation in the Senate to honor Rex’s leg- OFFICE BUILDING a third time, passed, the motions to re- acy. consider be laid upon the table, with no In short, Rex Lee was a great man The bill (H.R. 2760) to designate the intervening action or debate, and that and I am proud to see the Provo Post facility of the United States Postal any statements relating to the bill be Office named after him. There are Service located at 1615 North Wilcox printed in the RECORD. thousands of Utahns throughout the Avenue in Los Angeles, California, as The PRESIDING OFFICER. Without State who join me in celebrating this the ‘‘Johnny Grant Hollywood Post Of- objection, it is so ordered. man’s great life with this fitting trib- fice Building,’’ was ordered to a third The amendment (No. 2768) was agreed ute. reading, read the third time, and to, as follows: passed. Mr. REID. I ask unanimous consent (Purpose: To modify the effective date) that the bills be read the third time f On page 3, line 5, strike ‘‘October 31, 2009’’ and passed en bloc; that the motions to and insert ‘‘December 18, 2009’’. reconsider be laid upon the table en CONRAD DEROUEN, JR. POST OFFICE The bill (S. 1825), as amended, was or- bloc; and that any statements related dered to be engrossed for a third read- to these bills be printed in the RECORD. The bill (H.R. 2972) to designate the ing, was read the third time, and The PRESIDING OFFICER. Without facility of the United States Postal passed, as follows: objection, it is so ordered. Service located at 115 West Edward S. 1825 f Street in Erath, Louisiana, as the ‘‘Conrad DeRouen, Jr. Post Office,’’ Be it enacted by the Senate and House of Rep- JOHN ‘‘BUD’’ HAWK POST OFFICE was ordered to a third reading, read the resentatives of the United States of America in Congress assembled, The bill (H.R. 955) to designate the third time, and passed. facility of the United States Postal SECTION 1. RELOCATION EXPENSES TEST PRO- f GRAMS. Service located at 10355 Northeast Val- (a) IN GENERAL.—Section 5739 of title 5, ley Road in Rollingbay, Washington, as LIM POON LEE POST OFFICE United States Code, is amended— the ‘‘John ‘Bud’ Hawk Post Office,’’ The bill (H.R. 3119) to designate the (1) in subsection (a), by striking paragraph was ordered to a third reading, read the facility of the United States Postal (3); third time, and passed. Service located at 867 Stockton Street (2) in subsection (b)— (A) by inserting ‘‘or extended’’ after ‘‘ap- f in San Francisco, California, as the proved’’; and SERGEANT MARCUS MATHES POST ‘‘Lim Poon Lee Post Office,’’ was or- (B) by inserting ‘‘or extension’’ after ‘‘of OFFICE dered to a third reading, read the third the program’’; time, and passed. (3) by striking subsection (c) and inserting The bill (H.R. 1516) to designate the the following: f facility of the United States Postal ‘‘(c)(1) An agency authorized to conduct a Service located at 37926 Church Street IRAQ AND AFGHANISTAN VET- test program under subsection (a) shall an- in Dade City, Florida, as the ‘‘Sergeant ERANS MEMORIAL POST OFFICE nually submit a report on the results of the Marcus Mathes Post Office,’’ was or- program to date to the Administrator. dered to a third reading, read the third The bill (H.R. 3386) to designate the ‘‘(2) Not later than 3 months after comple- time, and passed. facility of the United States Postal tion of a test program, the agency con- Service located at 1165 2nd Avenue in ducting the program shall submit a final re- f Des Moines, Iowa, as the ‘‘Iraq and Af- port on the results of the program to the Ad- CONGRESSMAN WESLEY ‘‘WES’’ ghanistan Veterans Memorial Post Of- ministrator and the appropriate committees WATKINS POST OFFICE fice,’’ was ordered to a third reading, of Congress.’’; (4) in subsection (d), by striking ‘‘10’’ and The bill (H.R. 1713) to name the read the third time, and passed. inserting ‘‘12’’; and South Central Agricultural Research f (5) by striking subsection (e) and inserting Laboratory of the Department of Agri- the following: culture in Lane, Oklahoma, and the fa- REX E. LEE POST OFFICE ‘‘(e)(1) The Administrator may not approve cility of the United States Postal Serv- BUILDING any test program for an initial period of ice located at 310 North Perry Street in The bill (H.R. 3547) to designate the more than 4 years. ‘‘(2)(A) Upon the request of the agency ad- Bennington, Oklahoma, in honor of facility of the United States Postal ministering a test program, the Adminis- former Congressman Wesley ‘‘Wes’’ Service located at 936 South 250 East in trator may extend the program. Watkins was ordered to a third read- Provo, Utah, as the ‘‘Rex E. Lee Post ‘‘(B) An extension under subparagraph (A) ing, read the third time, and passed. Office Building,’’ was ordered to a third may not exceed 4 years.

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.001 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27624 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 9, 2009 ‘‘(C) The Administrator may exercise more (A) carry out development activities Mr. REID. Mr. President, I ask unan- than 1 extension under subparagraph (A) around the world by providing USAID with imous consent that the resolution be with respect to any test program.’’. additional human resources and expertise agreed to, the preamble be agreed to, (b) EFFECTIVE DATE.—This section shall needed to meet important development and and the motion to reconsider be laid take effect on December 18, 2009. humanitarian needs around the world; upon the table. (B) strengthen the institutional capacity f of USAID as the lead development agency of The PRESIDING OFFICER. Without EMPOWERING AND STRENGTH- the United States; and objection, it is so ordered. The resolution (S. Res. 346) was ENING THE UNITED STATES (C) more effectively help developing na- tions to become more stable, healthy, demo- agreed to. AGENCY FOR INTERNATIONAL The preamble was agreed to. DEVELOPMENT cratic, prosperous, and self-sufficient; and (5) the Administrator should submit a The resolution, with its preamble, Mr. REID. Mr. President, I ask unan- strategy to Congress that includes— reads as follows: imous consent that the Foreign Rela- (A) a plan to create a professional training S. RES. 346 tions Committee be discharged from program that will provide new and current Whereas Atlantic bluefin tuna and Atlan- further consideration of S. Res. 312. Agency employees with technical, manage- tic swordfish are valuable historical com- The PRESIDING OFFICER. Without ment, leadership, and language skills; mercial and recreational fisheries of the (B) a 5-year staffing plan; United States and many other countries; objection, it is so ordered. The clerk (C) a description of further resources and will report the resolution by title. Whereas the International Convention for statutory changes necessary to implement the Conservation of Atlantic Tunas entered The assistant legislative clerk read the proposed training and staffing plans; and into force on March 21, 1969; as follows: (D) a plan to address fraud and corruption Whereas the Convention established the A resolution (S. Res. 312) expressing the in United States development assistance and International Commission for the Conserva- sense of the Senate on empowering and procedures to safeguard United States for- tion of Atlantic Tunas to coordinate inter- strengthening the United States Agency for eign assistance funds from going to persons national research and develop, implement, International Development (USAID). or organizations that advocate or engage in and enforce compliance of the conservation acts of international terrorism. There being no objection, the Senate and management recommendations on the Atlantic bluefin tuna, Atlantic swordfish and proceeded to consider the resolution. The resolution (S. Res 312), as amend- ed, was agreed to. other Atlantic highly migratory species in Mr. REID. Mr. President, I ask unan- The amendment (No. 2770) was agreed the Atlantic Ocean and the adjacent seas, in- imous consent that a Dodd amendment to, as follows: cluding the Mediterranean Sea; to the resolution be agreed to; that the Whereas the United States has established Strike the eighth whereas clause of the for its fisheries a strict regime of conserva- resolution, as amended, be agreed to; preamble. tion, management and compliance for Atlan- that a Dodd amendment to the pre- In the tenth whereas clause of the pre- amble be agreed to; that the preamble, tic highly migratory species and protected amble, strike ‘‘all aid programs are adminis- living marine resources caught incidentally as amended, be agreed to; that the mo- tered by Federal agencies other than USAID, to such fisheries that is unmatched by other tions to reconsider be laid upon the and development funding’’ and insert ‘‘all fishing nations; table, with no intervening action or de- foreign assistance programs are adminis- Whereas the reallocation of United States bate; and that any statements relating tered by Federal agencies other than USAID, quotas of Atlantic bluefin tuna and Atlantic to the resolution be printed in the and funding for such programs’’. swordfish to other nations will cause severe The preamble, as amended, was RECORD. economic impacts, including a loss of United agreed to. States jobs, and undermine the conservation The PRESIDING OFFICER. Without The resolution, as amended, with its objection, it is so ordered. of populations of protected living marine re- preamble, as amended, reads as follows: sources such as Atlantic billfish species, en- The amendment (No. 2769) was agreed (The resolution will be printed in a dangered sea turtles, sea birds and marine to, as follows: future edition of the RECORD.) mammals caught incidentally in the fish- Strike all after the resolving clause and in- f eries of other nations; sert the following: Whereas in 1974, the Commission adopted That it is the sense of the Senate that— MANAGEMENT OF BLUEFIN TUNA its first conservation and management rec- (1) a highly capable and knowledgeable in- Mr. REID. Mr. President, I ask unan- ommendation to ensure the sustainability of dividual should be nominated with all expe- imous consent that the Senate proceed Atlantic bluefin tuna throughout the Atlan- diency and exigency to serve as the Adminis- to the consideration of S. Res. 346. tic Ocean and Mediterranean Sea, while al- trator of the United States Agency for Inter- The PRESIDING OFFICER. The lowing for the maximum sustainable catch national Development; for food and other purposes; (2) the Administrator should— clerk will report the resolution by Whereas in 1981, for management purposes, (A) serve as the chief advocate for United title. the Commission adopted a working hypoth- States development capacity and strategy in The assistant legislative clerk read esis of 2 Atlantic bluefin stocks, with 1 oc- top-level national security deliberations; as follows: curring west of 45 degrees west longitude (B) serve as a powerful advocate and effec- A resolution (S. Res. 346) expressing the (hereinafter referred to as the ‘‘western At- tive leader of an empowered USAID; and sense of the Senate that, at the 21st Regular lantic stock’’) and the other occurring east (C) marshal the resources, knowledge, ca- Meeting of the International Commission on of 45 degrees west longitude (hereinafter re- pacity, and experiences of USAID— the Conservation of Atlantic Tunas, the ferred to as the ‘‘eastern Atlantic and Medi- (i) to effectively represent USAID in inter- United States should seek to ensure manage- terranean stock’’); agency debate and in advancing and exe- ment of the eastern Atlantic and Mediterra- Whereas, despite scientific advice intended cuting foreign policy; and nean bluefin tuna fishery adheres to the sci- to prevent overfishing, rebuild and maintain (ii) to improve ultimately the effectiveness entific advice provided by the Standing Com- bluefin tuna populations at levels that will and capability of United States foreign as- mittee on Research and Statistics and has a permit the maximum sustainable yield, and sistance; high probability of achieving the established ensure the future sustainability of the (3) USAID must be empowered to be the rebuilding target, pursue strengthened pro- stocks, the total allowable catch quotas have primary development agency of the United tections for spawning bluefin populations in consistently been set at levels significantly States, and the Administrator must serve as the Mediterranean Sea to facilitate the re- higher than the recommended levels for the the principal advisor to the President and covery of the Atlantic bluefin tuna, pursue eastern Atlantic and Mediterranean stock; national security organs of the United imposition of more stringent measures to en- Whereas despite the establishment by the States Government on the capacity and sure compliance by all Members with the Commission of minimum sizes for Atlantic strategy of United States development as- International Commission for the Conserva- bluefin tuna with which the United States sistance; tion of Atlantic Tunas’ conservation and has fully complied, the Standing Committee (4) the Administrator should substantially management recommendations for Atlantic on Research and Statistics has repeatedly and transparently increase the total number bluefin tuna and other species, and ensure expressed grave concerns that the flagrant of full-time Foreign Service Officers em- that the United States’ quotas of tuna and lack of compliance with such size limits by ployed by USAID, in part by reducing the re- swordfish are not reallocated to other na- Members fishing in the eastern Atlantic and liance on outside contractor personnel, in tions, and for other purposes. Mediterranean is seriously undermining the order to enhance the ability of the agency There being no objection, the Senate effectiveness of the Commission’s bluefin to— proceeded to consider the resolution. tuna recovery plans;

VerDate Mar 15 2010 15:09 May 25, 2012 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR09\S09NO9.001 S09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27625 Whereas despite the ongoing establishment on the eastern Atlantic and Mediterranean bluefin tuna, Atlantic swordfish, and other by the Commission of fishing quotas for the bluefin tuna stock; species managed by the Commission, includ- eastern Atlantic and Mediterranean bluefin Whereas since 1981, the Commission has ing the protection of U.S. quota shares. tuna fishery that surpass scientific rec- adopted additional and more restrictive con- f ommendations, compliance with such quotas servation and management recommenda- by parties to the Convention that harvest tions for the western Atlantic bluefin tuna ORDERS FOR TUESDAY, that stock has been extremely poor, with stock, including a closure to directed fishing NOVEMBER 10, 2009 harvests exceeding the scientific advice by in the spawning grounds of the Gulf of Mex- Mr. REID. Mr. President, I ask unan- more than 50 percent in recent years as re- ico, and these recommendations have been imous consent that when the Senate ported by the Standing Committee on Re- fully implemented by Nations fishing west of search and Statistics and other independent 45 degrees west longitude; completes its business today, it ad- sources monitoring the fishery; Whereas despite adopting, fully imple- journ until 10 a.m., Tuesday, November Whereas insufficient data reporting in menting, and complying with a science-based 10; that following the prayer and combination with unreliable national catch rebuilding program for the western Atlantic pledge, the Journal of proceedings be statistics resulting from inadequate or non- bluefin tuna stock by countries fishing west approved to date, the morning hour be existent catch monitoring and observer pro- of 45 degrees west longitude, catches and deemed expired, the time for the two grams has frequently undermined efforts by catch rates remain very low, especially for leaders be reserved for their use later the Commission to determine the levels of the United States; in the day, and there be a moment of overharvests by specific countries; Whereas scientific evidence now provides silence to honor the victims of the at- Whereas the failure of many Commission indisputable evidence from electronic tag- tack at Fort Hood, TX, that occurred members fishing for eastern Atlantic and ging studies and other scientific research Mediterranean bluefin tuna east of 45 degrees that mixing of the eastern and western At- on November 5; that following the mo- west longitude to comply with other Com- lantic bluefin tuna stocks occurs throughout ment of silence, the Senate proceed to mission recommendations to conserve and the Atlantic ocean on feeding and fishing a period of morning business for 1 hour, control the overfished eastern Atlantic and grounds, and the poor management and non- with Senators permitted to speak for Mediterranean bluefin tuna stock has been compliance with the Commission’s Recovery up to 10 minutes each, with the time an ongoing problem; Plan for the eastern Atlantic stock is having equally divided and controlled between Whereas it is widely recognized that some an adverse impact on the western Atlantic the two leaders or their designees, with fishing vessels, in particular those partici- stock and United States fisheries; the majority controlling the first half pating in illegal, unregulated, and unre- Whereas additional research on stock mix- and the Republicans controlling the ported fishing, have little incentive to cease ing will improve the understanding of the re- these infractions due to a lack of adequate lationship between eastern and western second half; that following morning sanctions; bluefin tuna stocks, which will assist in the business, the Senate resume consider- Whereas the Commission’s Standing Com- conservation, recovery, and management of ation of H.R. 3082, and I would hope mittee on Research and Statistics noted in the species throughout its range; people would be ready to offer amend- its 2008 stock assessment that the fishing Whereas a 2008 Independent Review of the ments tomorrow; and finally, I ask mortality rate for the eastern Atlantic and Commission concluded that the Commis- that the Senate recess from 12:30 until Mediterranean stock was more than 3 times sion’s management of bluefin tuna in the 2:15 p.m. to allow for the weekly caucus the level that would permit the stock to sta- eastern Atlantic and Mediterranean has been luncheons to meet. bilize at the maximum sustainable catch ‘‘widely regarded as an international dis- The PRESIDING OFFICER. Without level and that unless fishing mortality rates grace’’: Now, therefore, be it are substantially reduced in the near future, Resolved, That it is the sense of the Senate objection, it is so ordered. further reduction in spawning stock biomass that the United States delegation to the 21st f is likely to occur leading to a risk of fish- Regular Meeting of the International Com- ADJOURNMENT UNTIL 10 A.M. eries and stock collapse; mission for the Conservation of Atlantic TOMORROW Whereas the Commission’s Standing Com- Tunas, should— mittee on Research and Statistics has rec- (1) seek the adoption of all revisions to the Mr. REID. Mr. President, if there is ommended that the annual harvest levels for Recovery Plan for eastern Atlantic and Med- no further business to come before Sen- eastern Atlantic and Mediterranean bluefin iterranean bluefin tuna that will conform ate, I ask unanimous consent that the tuna be reduced to levels between 15,000 and the Plan to the scientific advice provided by Senate stand adjourned under the pre- 8,500 metric tons to halt the decline of the the Standing Committee on Research and vious order. resource and initiate rebuilding, and indi- Statistics and has a high probability of There being no objection, the Senate, cated that a total allowable catch of 8,500 achieving the established rebuilding target at 7:52 p.m., adjourned until Tuesday, has a higher probability of rebuilding the within the established time frame, including stock within the Commission’s established a strict penalty regime and other appro- November 10, 2009, at 10 a.m. time frame; priate mechanisms to verify and ensure com- f Whereas in 2006, the Commission adopted pliance; NOMINATIONS the ‘‘Recommendation by ICCAT to Estab- (2) seek to expand time and area closures lish a Multi-Annual Recovery Plan for of spawning areas in the Mediterranean in Executive nominations received by Bluefin Tuna in the eastern Atlantic and full conformity with the scientific advice the Senate: Mediterranean’’ (Recommendation 06-05), provided by the Standing Committee on Re- PENSION BENEFIT GUARANTY CORPORATION which was amended in 2008, containing a search and Statistics; JOSHUA GOTBAUM, OF THE DISTRICT OF COLUMBIA, TO wide range of management, monitoring, and (3) pursue the continued aggressive review BE DIRECTOR OF THE PENSION BENEFIT GUARANTY COR- control measures designed to facilitate the and assessment by the Commission’s Com- PORATION, VICE CHARLES E. F. MILLARD. recovery of the eastern Atlantic and Medi- mittee on Compliance of compliance with DEPARTMENT OF STATE terranean bluefin tuna stock by the year conservation and management measures, in- EILEEN CHAMBERLAIN DONAHOE, OF CALIFORNIA, FOR 2023; cluding data collection and reporting re- THE RANK OF AMBASSADOR DURING HER TENURE OF Whereas the Recovery Plan is inadequate quirements, adopted by the Commission and SERVICE AS THE UNITED STATES REPRESENTATIVE TO THE UN HUMAN RIGHTS COUNCIL. and allows overfishing and stock decline to in effect for the 2009 eastern Atlantic and LAURA E. KENNEDY, OF NEW YORK, A CAREER MEMBER continue, and continuing information and re- Mediterranean bluefin tuna fishery, occur- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- peated warnings by the Standing Committee ring east of 45 degrees west longitude, and COUNSELOR, FOR THE RANK OF AMBASSADOR DURING HER TENURE OF SERVICE AS U.S. REPRESENTATIVE TO on Research and Statistics indicate that cur- other fisheries that are subject to the juris- THE CONFERENCE ON DISARMAMENT. rent implementation of the plan is unlikely diction of the Commission; PEACE CORPS to achieve its goals; (4) aggressively seek to address noncompli- Whereas the Principality of Monaco has ance with such measures by all parties to the CAROLYN HESSLER RADELET, OF THE DISTRICT OF CO- LUMBIA, TO BE DEPUTY DIRECTOR OF THE PEACE submitted a petition to list Atlantic bluefin Convention through all appropriate actions; CORPS, VICE JOSEPHINE K. OLSEN, RESIGNED. tuna under Appendix I of the Convention on (5) pursue the commitment by the Commis- DEPARTMENT OF VETERANS AFFAIRS International Trade in Endangered Species sion and its parties to fund additional re- RAUL PEREA-HENZE, OF NEW YORK, TO BE AN ASSIST- of Fauna and Flora, and while the United search on both the western Atlantic and ANT SECRETARY OF VETERANS AFFAIRS (POLICY AND States did not cosponsor this petition, the eastern Atlantic and Mediterranean bluefin PLANNING), VICE PATRICK W. DUNNE. Administration has expressed its support for tuna stocks including but not limited to the FOREIGN SERVICE this petition unless the Commission ‘‘adopts extent to which the stocks mix; and THE FOLLOWING-NAMED PERSONS OF THE AGENCIES significantly strengthened management and (6) strenuously defend the interests of INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- compliance measures’’ for countries fishing United States with regard to Atlantic FICERS OF THE CLASSES STATED.

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FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF JOHN MATTHEW PETTE, OF GEORGIA WALTER ANTHONY KERR, OF CONNECTICUT CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN KIMBERLY G. PHELAN, OF CALIFORNIA JOHN P. KILL, OF GEORGIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JOSIAH THOMAS PIERCE, OF WYOMING CRAIG P. KIM, OF WASHINGTON AMERICA, CRAIG T. PIKE, OF VIRGINIA NATALIE LABER, OF VIRGINIA DEPARTMENT OF STATE CHRISTOPHER G. PIXLEY, OF NEW HAMPSHIRE JINGPING LAI, OF CALIFORNIA AMANDA E. PORTER, OF WASHINGTON NATHANIEL A. LEVITH, OF MARYLAND JEFFREY D. ADLER, OF CALIFORNIA T. KATHARINE REBHOLZ, OF NEW YORK LINDSEY B. LEWIS, OF VIRGINIA JAMAL ALI AL-MUSSAWI, OF TEXAS CYNTHIA STONE RICHARDS, OF VIRGINIA SCOTT CARL LUEDERS, OF FLORIDA GARY BRENT APPLEGARTH, OF THE DISTRICT OF CO- IVAN RIOS, OF FLORIDA ERIN RUTH MAI, OF VIRGINIA LUMBIA KRISTIN M. ROBERTS, OF WASHINGTON NAVEED AHMED MALIK, OF ILLINOIS KATHERINE ARCIERI, OF NEW JERSEY RICHARD MILLER ROBERTS, OF TEXAS NICHOLAS B. MANSKE, OF WISCONSIN MARK ERNEST AZUA, OF ILLINOIS SILVANA DEL VALLE RODRIGUEZ, OF ILLINOIS TARA LYNN MARIA, OF CALIFORNIA JOHN WEIL BARBIAN, OF ILLINOIS EMILY VICTORIA RONEK, OF NEW YORK GREGORY G. MCELWAIN, OF NEW MEXICO JEREMY KENT BARNUM, OF THE DISTRICT OF COLUMBIA LINDA L. ROSALIK, OF MICHIGAN AYSA M. MILLER, OF WASHINGTON DAVIDA A. BAXTER, OF VIRGINIA BRIAN J. SALVERSON, OF CALIFORNIA KARL J. MILLER, OF MARYLAND SHANNON D. BEHAJ, OF DELAWARE MOLLY M. SANCHEZ CROWE, OF NEW YORK JEREMY MONKS, OF VIRGINIA LYNETTE MARIE BEHNKE, OF CALIFORNIA ERIK J. SCHNOTALA, OF ILLINOIS NAVARRO MOORE, OF GEORGIA PAMELA J. BENTLEY, OF CALIFORNIA JENNIFER M. SCHUELER, OF ILLINOIS PATRICIA RENEE MORALES, OF TEXAS ERIK WAYNE BLACK, OF CALIFORNIA MIRIAM LYNNE SCHWEDT, OF THE DISTRICT OF COLUM- STEPHEN GEORGE MRAZ, OF FLORIDA STEPHEN G. BLACK, OF NEW YORK BIA W. MARC MURRI, OF UTAH SAAD SYED BOKHARI, OF COLORADO SCOTT M. SIMPSON, OF TEXAS KATHERINE A. MUSGROVE, OF KANSAS MATTHEW HAWES BOLAND, OF VIRGINIA KATHERINE PARKS SKARSTEN, OF COLORADO BOBBIE S. NEAL, OF VIRGINIA MATT BONAIUTO, OF THE DISTRICT OF COLUMBIA SCOTT EDWARD SOMMERS, OF ILLINOIS MICHELLE MARIE NESH, OF VIRGINIA MANOELA GUIDORIZZI BORGES, OF THE DISTRICT OF CO- TRISTAN M. SPICELAND, OF WASHINGTON KIM-THIEˆ N T. NGUYEˆ N, OF THE DISTRICT OF COLUMBIA LUMBIA VIRGINIA LEE STERN, OF ILLINOIS JOHN D. NORDLANDER, OF COLORADO JAMES MICHAEL BREDECK, OF FLORIDA REBECCA JANE STEWARD, OF ILLINOIS ELIZABETH NORMAN, OF WASHINGTON CAREN A. BROWN, OF ARIZONA MATTHEW ROLAND STOKES, OF CALIFORNIA VAYRAM A. NYADROH, OF ILLINOIS JENNIFER JONES BUCHA, OF VIRGINIA DAVID J. STRASHNOY, OF CALIFORNIA AUTUMN K. OAKLEY, OF WASHINGTON JOEL TODD BULLOCK, OF ALABAMA BARBARA RENEE SZCZEPANIAK, OF FLORIDA MICHELLE R. OSADCZUK, OF FLORIDA DOLORES CANAVAN, OF VIRGINIA KRISTEN E. THOMPSON, OF OREGON JULIE ELIZABETH PARKS, OF VIRGINIA MELISSA GREER CARLSON, OF GEORGIA JENNIFER MARIE TIERNEY, OF PENNSYLVANIA XIXALA SANDRA PEREZ, OF VIRGINIA LEWIS A. CARROLL, OF NORTH CAROLINA KEVIN JOSEPH TIERNEY, OF VIRGINIA JOSHUA RYAN PHELPS, OF THE DISTRICT OF COLUMBIA DAVID RAY CAUDILL, JR., OF OHIO JONATHAN C. TURLEY, OF GEORGIA JEAN PHILLIPSON, OF VIRGINIA JEREMY H. CHEN, OF TENNESSEE CHRISTOPHER DANIEL VOGT, OF COLORADO CAITLIN S. PIPER, OF NEW HAMPSHIRE ERIC M. COLLINGS, OF VIRGINIA RIMA JANINA VYDMANTAS, OF GEORGIA NICOLE LOKOMAIKA‘I KIKUE PROBST FOX, OF HAWAII JENNY CORDELL, OF TEXAS MARY WALZ, OF WASHINGTON MELISSA A. RHODES, OF ARKANSAS MYCA CRAVEN, OF WASHINGTON KAREN WIEBELHAUS, OF VIRGINIA DOUGLAS B. ROSE, OF MINNESOTA JONATHAN MICHAEL CULLEN, OF VIRGINIA JENNIFER L. WILLIAMS, OF TEXAS TERESA ROTUNNO, OF NEW YORK ADAM NELSON DAVIS, OF MINNESOTA LUKE VARIAN ZAHNER, OF CONNECTICUT DEVIN WILLIAM RUSSELL, OF VIRGINIA CARLISLE RAGLAND DAVIS III, OF NEW YORK MIREILLE L. ZIESENISS, OF THE DISTRICT OF COLUMBIA LADONNA S. SALES, OF TENNESSEE CYNTHIA J. DAY, OF MONTANA CHRISTOPHER E. SANWICK, OF NEBRASKA ANTHONY A. DEATON, OF CONNECTICUT THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN NADIA DINA M. SBEIH, OF CALIFORNIA ANITA KNOPP DOLL, OF NEW YORK SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES KATHRYN E. SCHLIEPER, OF THE DISTRICT OF COLUMBIA ERIC EILSKOV, OF TEXAS IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ANISH A. SHAH, OF VIRGINIA EDWARD F. FINDLAY, OF VIRGINIA AMERICA: JAMES P. SHAK, OF ARIZONA PATRICK JAY FISCHER, OF PENNSYLVANIA DEPARTMENT OF STATE AARON H. SHEK, OF CALIFORNIA GREGORY A. FLOYD, OF CALIFORNIA LEVI SHEPHERD, OF THE DISTRICT OF COLUMBIA MARCIA HELEN SAMET FRIEDMAN, OF TEXAS NAFEESAH ALLEN, OF NEW JERSEY JAIMY M. SMITH, OF VIRGINIA JANE K. GAMBLE, OF WASHINGTON BRITTANIE KIAH CELESTE ANDERSON, OF MISSOURI JEREMY DAVID SPECTOR, OF NEW YORK NEWTON J. GASKILL, OF TEXAS REBECCA ARCHER-KNEPPER, OF VIRGINIA SHANNA DIETZ SURENDRA, OF MINNESOTA MATILDA FRANCES GAWF, OF TEXAS JOHN S. ARMIGER, OF THE DISTRICT OF COLUMBIA ETHAN KENT TABOR, OF MARYLAND MEGAN ALANNA CORNEIL GOODFELLOW, OF NEW YORK BRIAN ASMUS, OF VIRGINIA JASON M. TEAGUE, OF THE DISTRICT OF COLUMBIA CHARLES R. GOODMAN, OF FLORIDA WILLIAM P. ASTILLERO, OF NEW JERSEY PAUL STANLEY TENTLER, OF VIRGINIA JAMES MICHAEL GREENE, OF NEW MEXICO NATHANIEL A. BELL, OF TEXAS TIMOTHY A. TERRY, OF UTAH MICHAEL J. GREER, OF TEXAS JESSICA ERIN BERLOW, OF THE DISTRICT OF COLUMBIA JAY B. THOMPSON, OF THE DISTRICT OF COLUMBIA KRISTI L. GRUIZENGA, OF MICHIGAN VICTOR D. BERNARD, OF VIRGINIA JULIE THOMPSON, OF FLORIDA CARRIE A. GRYSKIEWICZ, OF MINNESOTA LISA M. BHOUMIK, OF VIRGINIA PATRICK ALLARD TILLOU, OF VIRGINIA EVAN THOMAS HAGLUND, OF TENNESSEE THOMAS M. BILLS, OF OHIO MIRNA R. TORRES, OF NEW MEXICO ELIZABETH E. HANNY, OF WASHINGTON KIM I. BOGART, OF VIRGINIA MATTHEW ALAN TOTI´LO, OF NEW YORK CHRISTOPHER STEPHEN HATTAYER, OF CONNECTICUT ANTHONY JUNG BONVILLE, OF TEXAS MARY ELLEN TSEKOS-VELEZ, OF VIRGINIA ALEXANDER HAWKES, OF CALIFORNIA VIRGILE GEORGES BORDERIES, OF CALIFORNIA JACQUELINE L. TURNER, OF VIRGINIA KRISTIN J. HAWORTH, OF VIRGINIA MICHAEL C. BRAJA, OF VIRGINIA JOSEPH B. WATERMAN, OF FLORIDA CHRISTINA JEAN HERNANDEZ, OF TEXAS VIRGINIA CLAIRE BREEDLOVE, OF LOUISIANA BROOKE WEHRENBERG, OF ILLINOIS JOHN WILLIAM HICKS III, OF MICHIGAN PETER ANDREW BURBA, OF CALIFORNIA JOSEPH WELSH, OF CALIFORNIA THOMAS CHRISTOPHER HILLEARY, OF MISSOURI WILLIAM A. CAMPBELL, OF WISCONSIN CHAD J. WESEN, OF WASHINGTON ELIZABETH M. HOFFMAN, OF OHIO KATHERINE W. CAMPO, OF MASSACHUSETTS MORGAN WHITMIRE, OF VIRGINIA STEPHANIE ELIZABETH HOLMES, OF CALIFORNIA CARINA R. CANAAN, OF MASSACHUSETTS THERESA CAROL WILLIAMS, OF INDIANA JOHN THOMAS ICE, OF KENTUCKY NATALIA CAPEL, OF FLORIDA KAREN A. WIMBERLEY, OF GEORGIA DAVID JOSEPH JENDRISAK II, OF PENNSYLVANIA BETH MARIE CHESTERMAN, OF TEXAS JOHNATHAN PAUL WINSTON, OF TEXAS GAIL R. JOHNSON, OF VIRGINIA JONATHAN B. CHESTNUT, OF GEORGIA SCOTT B. WINTON, OF MISSOURI DOUGLAS E. JOHNSTON, OF NEW HAMPSHIRE KEVIN R. CHIASSON, OF VIRGINIA LEV A. WISMER, OF VIRGINIA NATHAN A. JONES, OF UTAH GILBERT THOMAS CHIHOCKY, OF VIRGINIA THOMAS N. WOTKA, OF NEBRASKA BLAINE KALTMAN, OF FLORIDA SARAH JANE CIACCIA, OF THE DISTRICT OF COLUMBIA NIAMBI A. YOUNG, OF GEORGIA JOHN C. KASTNING, OF NEBRASKA ERIC T. CONNELLY, OF VIRGINIA WILBUR G. ZEHR, OF NEW YORK DANIEL SETH KATZ, OF WASHINGTON JANE MARIE COOPER, OF THE DISTRICT OF COLUMBIA SOFIA MARIAM KHILJI, OF VIRGINIA LISA M. COWLEY, OF MARYLAND THE FOLLOWING-NAMED CAREER MEMBER OF THE KAREN E. KIRCHGASSER, OF THE DISTRICT OF COLUMBIA CHRISTOPHER A. CRAWFORD, OF VIRGINIA SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF JEFFREY M. KLEM, OF NEW YORK JUSTIN E. DAVIS, OF GEORGIA STATE FOR PROMOTION INTO THE SENIOR FOREIGN DAVID J. KLOESEL, OF TEXAS NEIL MICHAEL DIBIASE, OF FLORIDA SERVICE TO THE CLASS INDICATED: SHAWN A. KOBB, OF VIRGINIA GARRETT B. DUARTE, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE ERIKA KUENNE, OF COLORADO LAUREN DUNN, OF CALIFORNIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- R. NICHOLAS LARSEN, OF UTAH KIMBERLY K. EKHOLM, OF VIRGINIA SELOR, EFFECTIVE OCTOBER 12, 2008: KING SAN LIEN, OF OHIO LELAND B. ERICKSON, OF VIRGINIA CONRAD WILLIAM TURNER, OF VIRGINIA AMANDA JEAN LILLIS, OF FLORIDA STEPHEN JOSEPH ESTE, OF TEXAS MARY JO ANN LONG, OF VIRGINIA JESSE KYLE FINKEL, OF THE DISTRICT OF COLUMBIA AMY LYNN LORENZEN, OF SOUTH DAKOTA KARLY RAE FOLAND, OF VIRGINIA f JENNIFER L. LUDDERS, OF IDAHO PHILIP FOLKEMER, OF MARYLAND CARMELIA C. MACFOY, OF ARKANSAS DAVID E. FOUST, OF WEST VIRGINIA CONFIRMATIONS BRETT ALAN MAKENS, OF MICHIGAN MATTHEW A. FULLERTON, OF VIRGINIA AMIR PHILLIP MASLIYAH, OF CALIFORNIA AMBER M. GARCIA, OF TENNESSEE Executive nominations confirmed by SUSAN N. MCFEE, OF NEW JERSEY GERALDINE GASSAM, OF VIRGINIA LINDA MCMULLEN, OF WISCONSIN ERIC MICHAEL GODFREY, OF VIRGINIA the Senate, Monday, November 9, 2009: CATHERINE CONNELL MCSHERRY, OF FLORIDA CYNTHIA E. GREEN, OF THE DISTRICT OF COLUMBIA JEFFREY RYAN MILES, OF PENNSYLVANIA HOLLYN J. GREEN, OF MASSACHUSETTS OFFICE OF THE DIRECTOR OF NATIONAL DEWEY E. MOORE, JR., OF VIRGINIA STEPHEN M. GRIM, OF MARYLAND INTELLIGENCE VINCENT R. MOORE, OF VIRGINIA CAREY L. HALE, OF THE DISTRICT OF COLUMBIA ADAM DAVID MURRAY, OF MICHIGAN KRISTY L. HALLER, OF MARYLAND DAVID C. GOMPERT, OF VIRGINIA, TO BE PRINCIPAL MENAKA M. NAYYAR, OF NEW YORK CHERYL HARRIS, OF PENNSYLVANIA DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE. JAIMEE MACANAS NEEL, OF NEVADA ERIN HARRIS, OF VIRGINIA THE ABOVE NOMINATION WAS APPROVED SUBJECT TO JENNIFER J. NEHEZ, OF FLORIDA HAKIM J. HASAN, OF OREGON THE NOMINEE’S COMMITMENT TO RESPOND TO RE- MARIANA LENKOVA NEISULER, OF VIRGINIA JILL A. HUMPHREYS, OF VIRGINIA QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY RICHARD CHARLES NICHOLSON, OF FLORIDA CYNTHIA L. JEFFERIES, OF TEXAS CONSTITUTED COMMITTEE OF THE SENATE. MBALLE M. NKEMBE, OF NEW YORK JENNIFER JENSEN, OF CALIFORNIA THE JUDICIARY AARON A. NUUTINEN, OF TEXAS MCLAYNE M. JENSEN, OF VIRGINIA TIMOTHY PATRICK O’CONNOR, OF PENNSYLVANIA GYE JOHNSON, OF THE DISTRICT OF COLUMBIA ANDRE M. DAVIS, OF MARYLAND, TO BE UNITED MAUREEN ANNE O’NEILL, OF CALIFORNIA MATTHEW B. JONES, OF VIRGINIA STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT. JAMI LYNN PAPA, OF PENNSYLVANIA HELEN ADAMS JUBAR, OF MARYLAND CHARLENE EDWARDS HONEYWELL, OF FLORIDA, TO BE JOAN D. PATTERSON, OF UTAH RYAN D. KARNES, OF OREGON UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- KATRISA BOHNE PEFFLEY, OF MINNESOTA ROWAN B. KELLY, OF CALIFORNIA TRICT OF FLORIDA.

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HONORING JP PRITCHARD AND FLIGHT 93 NATIONAL MEMORIAL PERSONAL EXPLANATION LANA HUGHES GROUNDBREAKING HON. LYNN C. WOOLSEY HON. JOHN P. MURTHA OF CALIFORNIA HON. KEVIN BRADY OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF TEXAS Saturday, November 7, 2009 Saturday, November 7, 2009 IN THE HOUSE OF REPRESENTATIVES Ms. WOOLSEY. Madam Speaker, on No- Mr. MURTHA. Madam Speaker, on Sep- vember 6, 2009, I was unavoidably detained Saturday, November 7, 2009 tember 11, 2001, I was in the U.S. Capitol, and was unable to record my vote for rollcall where the House Defense Appropriations Sub- No. 868. Had I been present I would have Mr. BRADY of Texas. Madam Speaker, I committee was meeting to markup the annual voted: rollcall No. 868: ‘‘yes’’—Jack F. Kemp rise today to honor two great southeast Tex- defense spending bill. We watched on tele- Post Office Building. ans. Every weekday morning for more than a vision as the two airplanes crashed into the f quarter century, Texans have started their World Trade Center Towers, and soon after, mornings off by tuning into JP Pritchard & evacuated the building because another plane EARMARK DECLARATION Lana Hughes for the latest news. These two was headed in our direction. consummate radio professionals have been As I got outside, I saw the billows of black HON. PETER T. KING there for us through Hurricanes Alicia, Rita smoke rising in the distance from the Pen- OF NEW YORK and Ike and Tropical Storm Allison, the most tagon. The plane had actually hit a section of IN THE HOUSE OF REPRESENTATIVES the Pentagon that had recently undergone sig- destructive tropical storm in U.S. History. Saturday, November 7, 2009 They’ve kept Houston in the know through nificant renovations. I had previously ear- Mr. KING of New York. Madam Speaker, good economic times and bad—winning more marked funds to accelerate the building’s ren- ovation project, and I was told that had it not pursuant to the Republican Leadership stand- national, state, and local awards than they been for those improvements, the building ards on earmarks, I am submitting the fol- have time to count or shelf space to display. would have suffered far greater damage and lowing information regarding earmarks I re- Lana Hughes, a native southeast Texan, is more lives would have been lost. ceived as part of H.R. 2996—the Department a graduate of Conroe High School in the It wasn’t until later that morning that I had of Interior, Environment, and Related Agencies Eighth Congressional District and Baylor Uni- learned of another plane crashing into the Appropriations Conference Report, 2010: versity. She got her start in journalism working quiet fields of Somerset County within my con- Requesting Member: Congressman PETER for the Conroe Courier and KIKR Radio before gressional district. There was little known KING joining KTRH in the early 1980s. An avid fan about that flight, so the following morning, Bill Number: H.R. 2996 of the NASA Human Space Flight Program, September 12th, I drove back to Pennsylvania Account: Environmental Protection Agen- Lana can cite stats on every mission, but her and to Stonycreek Township. cy—STAG greatest passion is saving animals. Her blog, Looking out across this field, I saw no sign Legal Name of Requesting Entity: Nassau Animal House, has placed numerous pets into that an airplane had crashed here. There were County no burning buildings or piles of rubble like we Address of Requesting Entity: 1550 Franklin loving homes and informed all of southeast saw pictured in New York and at the Pen- Avenue, Mineola, NY 11501 Texas about the problems of abused, ne- tagon. All that remained in this field was smol- Description of Request: $300,000 will be glected, and abandoned animals. If Lana is dering earth and a charred tree line. used to complete the technical design report not in the newsroom, she can found volun- I was quoted as saying, ‘‘Somebody here for the relocation of the Bay Park Sewer teering at a local animal shelter or getting one was a hero, a passenger . . . or the pilot who Treatment outfall from Reynolds Channel to of her many friends to fall in love with a new would not fly on. There must have been a the Atlantic Ocean. four-legged family member. struggle. Some heroic individual brought this f JP Pritchard got to Texas as fast as he plane down.’’ I was right about a struggle, but I was 110TH ANNIVERSARY OF THE could and once here he stayed. A graduate of BRONX ZOO Drake University and the broadcasting school wrong in saying ‘‘some heroic individual of hard knocks, JP and his lovely bride, Es- brought this plane down.’’ In fact, there were 40 heroic individuals aboard United Airlines ´ ther, have three sons and two grandsons who HON. JOSE E. SERRANO Flight 93 that morning. Forty ordinary citizens, OF NEW YORK are the apple of their grandfather’s eye. His who together, decided to make an extraor- first job in southeast Texas was as reporter/ IN THE HOUSE OF REPRESENTATIVES dinary sacrifice. Saturday, November 7, 2009 anchor and news director of KULF Radio, now In early 2002, I introduced legislation estab- known as KBME, The Sports Animal. From lishing a national memorial to honor the pas- Mr. SERRANO. Madam Speaker, I rise there, he joined the KTRH team where he has sengers and crew of Flight 93. Nearly 8 years today to recognize the 110th anniversary of been ever since. later, I’m honored that we are breaking ground the Bronx Zoo, a milestone in the cultural his- While he enjoys anchoring the news, JP is on a memorial that is both fitting of their sac- tory of New York City. The Bronx Zoo opened also proud of his documentary work having rifice and contribution to our great Nation. its doors on November 8, 1899, and is the won top honors for his 2-hour special on the I want to commend and complement Sec- largest metropolitan zoo in the country with history of Houston. JP has been used to hav- retary Salazar and the National Park Service, approximately 4 million visitors annually and ing his name be ‘‘JP & Lana’’ for more than the Families of Flight 93, our local and state featuring 6,000 animals and 600 species. The Bronx Zoo continues to win awards for a quarter century. officials, and all those involved with the plan- ning and construction of the Flight 93 National its world class exhibits and is well known for Together, these two amazingly talented peo- Memorial. creating naturalistic habitats. Chief among ple have become family members to millions Future generations will look out across this them is the Congo Gorilla Forest which is one in southeast Texans who instinctively tune to quiet Pennsylvania field and forever be re- of the zoo’s most popular exhibits. Spanning NewsRadio 740 AM, KTRH whenever news is minded of the story of Flight 93 and the cour- more than 61⁄2 acres, the exhibit’s main attrac- breaking. age and sacrifice of her passengers and crew. tion is the western lowland gorillas, making up

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 15:11 May 25, 2012 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR09\E09NO9.000 E09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27628 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 November 9, 2009 the species largest breeding group in all of the No. 866—‘‘aye’’; roll No. 67—‘‘aye’’; roll No. HONORING EL PASO VETERANS Americas. The Gorilla Forest is the largest 868—‘‘aye’’; roll No. 869—‘‘nay’’; roll No. man made rainforest in the world. The rain for- 870—‘‘aye’’; roll No. 871—‘‘aye’’; roll No. HON. SILVESTRE REYES est simulation gives visitors the chance to ex- 872—‘‘aye’’; roll No. 873—‘‘aye’’; roll No. OF TEXAS perience the Congo as if they were there. 874—‘‘aye’’; and roll No. 875—‘‘nay.’’ IN THE HOUSE OF REPRESENTATIVES Along with the lowland gorillas, the exhibit is home to white bearded debrazza monkeys, f Saturday, November 7, 2009 okapis and red river hogs. Since the opening Mr. REYES. Madam Speaker, I rise today to of the exhibit, it has had 7 million visitors. The COMMENDING THE RABUN COUNTY honor our El Paso area veterans. Our nation exhibit fees go to help conservation efforts in CHAMBER OF COMMERCE FOR joins together annually on November 11 to Africa which have helped 18 National Parks in HOSTING THE 11TH ANNUAL VET- honor our men and women who have served such countries as Cameroon, the Democratic ERAN’S APPRECIATION DINNER in uniform for their service and for their sac- Republic of the Congo, Rwanda, and Gabon. rifices. From speeches to ceremonies, the From the zoo grounds, hundreds of con- voices of Americans join in tribute to all vet- servationists work every day hand-in-hand HON. PAUL C. BROUN erans, from the patriots who fought for our with more than 3,000 employees located in 65 OF GEORGIA freedom in the Revolutionary War to the Sol- developing countries around the world. The diers, Sailors, Airmen, and Marines who are zoo’s first conservation achievement was here IN THE HOUSE OF REPRESENTATIVES serving today in Iraq, Afghanistan and around in the United States of America, where, by Saturday, November 7, 2009 the world. 1905, uncontrolled hunting had reduced the It is critical that our support for veterans great herds of bison to fewer than 1,000 ani- Mr. BROUN of Georgia. Madam Speaker, goes beyond words; we must honor those who mals. Theodore Roosevelt, along with William on December 23, 1776, just days before the have served with our actions. As a Vietnam Hornaday, the Bronx Zoo’s first director, were Continental Army won a great victory at the veteran, I came to office knowing that one of founding members of the American Bison So- Battle of Trenton, General George Washington my highest duties would be to improve the ciety, ABS, an organization formed at the asked aides to read passages from Thomas lives of all of our veterans, particularly those Bronx Zoo to preserve this icon of the Amer- Paine’s The Crisis. That great book, which lift- whom I have the privilege to represent here in ican prairies. In 1907, the Bronx Zoo sent a ed the spirits of the army from the darkest Congress. group of zoo-born bison to Oklahoma, South depths, famously begins, ‘‘These are the times El Paso is a community which embraces our Dakota, and Montana to help reestablish the that try men’s souls: The summer soldier and nation’s military forces and the families who species throughout the plains. Along with its the sunshine patriot will, in this crisis, shrink support them. El Pasoans have demonstrated broad conservation efforts, the Bronx Zoo’s from the service of his country; but he that our support for veterans and the soldiers who award winning exhibits and pioneering re- live and work on Fort Bliss in many ways, search has garnered world recognition. stands by it now, deserves the love and thanks of man and woman.’’ from a new USO center and another in the In the Bronx, the zoo’s impact is felt in yet works, to an annual Freedom Fiesta. Perhaps another way. In addition to being a cultural On November 11, Veterans Day, many cele- the most important development for El Paso staple and headquarters for an international brations will be held to honor those who have veterans is the establishment of a new joint conservation organization, it is an economic served this great country. We will honor them Army and Veterans Administration, VA, med- cornerstone in the Bronx. On average, the and applaud their efforts because they are not ical center complex. To meet the needs of the Bronx Zoo employs more than 750 full-time ‘‘summer soldiers’’ or ‘‘sunshine patriots,’’ but historic expansion of Fort Bliss and the grow- staff per year and is the largest employer of instead they answered the call in many of our ing number of veterans, these new facilities youth in the borough, providing employment Nation’s most turbulent times. will bring care to all generations, helping en- opportunities, job skills training, and scholar- At one such event, the Rabun County sure that all veterans get the care that they ship opportunities for more than 700 teen- Chamber of Commerce will honor hundreds of need and deserve. agers each year. Two years ago, the Bronx veterans, spouses, and widows/widowers for Congress has greatly expanded veterans Zoo opened the first New York City public their service to our Nation. This will be the benefits in the last three years, passing his- school focused on wildlife conservation. At the toric increases in VA spending. Congress also school, children can learn math, sciences, his- 11th annual Veteran’s Appreciation Dinner, and I believe it is a great testament to the pa- enacted a new GI Bill to provide a full four- tory, and arts by interacting with the zoo’s ani- year college education to every military mem- mals and experts. triotism and love for country that these cham- ber members have worked so hard to make ber who served on active duty since Sep- Madam Speaker, it is my honor to recognize tember 11, 2001. And Congress added funds this event possible. Veterans of every conflict the Bronx Zoo on its 110th anniversary and to to improve the VA’s claims processing and de- from World War II to Iraq and Afghanistan are applaud the institution for its efforts in leading crease wait times for all veterans. expected to attend. the world in wildlife conservation as well as Our veterans swore an oath to serve and bringing joy to the millions of visitors who have As a marine, I understand how much of a defend our nation. They backed this oath with walked through its gates. sacrifice it is to serve one’s country in the their actions, and in some cases their lives. f Armed Forces. I know that the many veterans, Our country owes these brave men and who will be honored in Rabun County and all PERSONAL EXPLANATION women, not just our pledge to honor that serv- across this country, did not join up to be he- ice, but tangible benefits which reflect their roes or win medals. Instead, they heard the sacrifices to ensure we remain strong, secure HON. JOHN R. CARTER call of a nation, and they bravely answered. and free. OF TEXAS Over the past century, the United States has IN THE HOUSE OF REPRESENTATIVES repeatedly faced overwhelming odds as it has f Saturday, November 7, 2009 fought to protect liberty at home as well as PERSONAL EXPLANATION abroad. Our thanks and gratitude will never be Mr. CARTER. Madam Speaker, on Novem- enough to repay the debt this nation owes to ber 6, 2009, I was unable to be present for all HON. RON KIND rollcall votes due to the tragic event at Fort all our veterans, but we gratefully offer it any- way. OF WISCONSIN Hood on November 5, 2009. I had to travel to IN THE HOUSE OF REPRESENTATIVES Fort Hood in order to be briefed on the latest Because of their service and the grace of findings in the shootings investigation, and to God, this country remains the greatest nation Saturday, November 7, 2009 determine what steps could be taken to help on Earth. I urge my colleagues to join me in Mr. KIND. Madam Speaker, on November 2, comfort the wounded and the families of those honoring our Nation’s veterans as well as the 2009, I missed rollcall votes 832, 833, and who lost their lives in the tragedy. If present, wonderful members of the Rabun County 834 to attend parent teacher conferences for I would have voted accordingly on the fol- Chamber of Commerce and all who are hon- my two sons. Had I been present, I would lowing rollcall votes: Roll No. 865—‘‘nay’’; roll oring those who served. have voted ‘‘aye’’ on each of those votes.

VerDate Mar 15 2010 15:11 May 25, 2012 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E09NO9.000 E09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 27629 HONORING WILLIAM AVERY H.R. 3854: SMALL BUSINESS uniform have given so much for this country; FINANCING AND INVESTMENT ACT it is right that the Congress help ensure that HON. JERRY MORAN our returning soldiers have jobs when they come home. The legislation helps veterans by OF KANSAS HON. RUSH D. HOLT OF NEW JERSEY offering higher guarantees and lower cost IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES loans, so they can access more affordable Saturday, November 7, 2009 capital. Saturday, November 7, 2009 The Small Business Financing and Invest- Mr. MORAN of Kansas. Madam Speaker, I Mr. HOLT. Madam Speaker, I support our ment Act builds on the investments that this rise today in memory of William Avery, former Nation’s small business and the passage of Congress made through the American Recov- Governor and Congressman from the state of the ‘‘Small Business Financing and Investment ery and Reinvestment Act. This bill would pro- Kansas. Governor Avery passed away No- Act,’’ H.R. 3854. vide further aid to our small business and con- vember 4th at the age of 98 in his home state Small businesses play an integral role in the tinues our efforts to put the economy back on that he served in so many ways. Prior to his United States economy. Small businesses em- the track to recovery. passing, he was the oldest living former mem- ploy more than half of all workers in the pri- I urge my colleagues to vote in favor of this ber of Congress. A lifelong Kansan, Governor vate sector and generate 60 to 80 percent of bill to support our Nation’s small businesses. Avery deserves to be celebrated as a fine new jobs in this country. The small business f public servant and a good man. financing and lending programs improved by MEDIA SLIGHT CONSERVATIVE A native of Wakefield, Kansas, he returned this bill would help small businesses not only PROTESTS to the family farm after graduating from the survive the current downturn, but help them to University of Kansas. Then, Governor Avery expand and create new jobs. did what many young men of his generation Last month, I brought more than 50 high- HON. LAMAR SMITH did. He left the family farm to serve his coun- tech small business owners to Washington to OF TEXAS try in World War II as a pilot. This would be discuss the issues facing their businesses. IN THE HOUSE OF REPRESENTATIVES only the first act of service in what would Many of these small business owners told me Saturday, November 7, 2009 prove to be a distinguished career serving the about the struggles they face in finding credit Mr. SMITH of Texas. Madam Speaker, the people of not only Kansas, but the nation. and investment funding, which they need to national media give Americans a tale of two Following his service on his local school maintain and expand their businesses. They protests. board, Governor Avery served four years in talked about how reluctant banks were to lend On the one hand, you have liberal protests, the Kansas House of Representatives. This to small businesses in these difficult economic to which the media give extensive and positive preceded his decade long career representing times. This bill would help those small busi- coverage. On the other hand, you have con- Kansas in the House of Representatives. Gov- ness owners by extending key provisions from servative protests. The media downplay these ernor Avery then added to his already impres- the Recovery Act passed earlier this year. demonstrations and demonize the protestors. sive resume by becoming Kansas’ 37th Gov- First, the legislation would aid small busi- On Thursday, thousands of people from ernor serving in 1965 and ’66. While he nesses by eliminating fees on Small Business around the country gathered in front of the served only one, two-year term, Governor Administration, SBA, loans, in order to make Capitol to voice their opposition to a Govern- Avery made a series of indelible marks on the these loans more affordable for small busi- ment takeover of health care. The New York cultural and political landscape of Kansas. nesses. The bill further would assist these Times buried its coverage of the protest on Governor Avery would see his political career small businesses by providing a Federal guar- page A15. come to a final close following an election loss antee of certain loans, to encourage local A couple of months ago, the Times buried to Bob Dole in a GOP Senatorial primary. banks and credit unions to increase their lend- its coverage of the conservative September 12 Today, we see an increasing number of ing to small businesses. protests on page A37. public officials who have lost touch with their I appreciate how the Small Business Fi- In contrast, the Times has given much bet- constituencies. They move to Washington or nancing and Investment Act assists high-tech ter coverage to protests regarding amnesty, their respective state capitals and become businesses and entrepreneurs. Beginning in gay rights, and other liberal causes. someone other than the person who was origi- the last quarter of 2008, investments in early- The New York Times and the national nally elected. Governor Avery was certainly stage businesses, such as these, plunged 26 media should give fair coverage to protests on not one of those men. He was simply a farmer percent. To address this shortage, the bill both sides, not just the ones they agree with. and rancher that was entrusted with providing would establish a new Early-Stage Investment f for the wellbeing of his state and nation. Pub- Program at SBA, which would pair SBA grants PROMOTING INNOVATION AND AC- lic servants would do well to use this man as with private venture capital in order to target CESS TO LIFE-SAVING MEDICINE a model for their own service. A true man of investment dollars to promising technology ACT the people whose heart stayed on the farm on small business startups. The legislation makes which he was raised. Yet unselfish enough to improvements to the Renewable Energy Cap- leave to serve his state and nation when ital Investment program in order to increase HON. ROBERT A. BRADY OF PENNSYLVANIA called upon to do so. investment in small business that are re- IN THE HOUSE OF REPRESENTATIVES A statesman and a gentleman who pursued searching alternative and renewable energy the right ends regardless of their popularity, technologies to meet our future energy needs. Saturday, November 7, 2009 Governor Avery would have undoubtedly had I am pleased that H.R. 3854 helps veterans Mr. BRADY of Pennsylvania. Madam a lifelong political career had he focused on interested in starting their own businesses. Speaker, I and others have spoken at length the politically expedient choices rather than Our Nation was built by citizen-soldiers, yet on the ways that this bill improves and will im- the choices that would benefit Kansas. That too often, our veterans have difficulty finding prove health care for all of our constituents. type of courage is, unfortunately, often a rarity well-paid, rewarding work in the Nation they Another significant benefit of this legislation in today’s leadership. Yes, the family and served and protected. We need to do more to which has not received as much attention will friends of Governor Avery have lost an impor- help our youngest veterans find gainful em- be the creation of new high-paying jobs in this tant part of their lives. But everyone who has ployment. According to the Department of country. Let me repeat that for some of my ever held an elected office in this nation has Labor, veterans between the ages of 18 and friends on the other side of the aisle, this bill lost a role model of the highest caliber. 24 had an unemployment rate of 14.1 percent; will create high-paying, high-quality jobs in My thoughts and prayers are with the family nearly double the rate of those between the healthcare delivery, technology, and research of Governor Avery during this time of mourn- ages of 25 to 34, 7.3 percent. It is unaccept- in the United States. ing. His children William Avery, Jr., Brad able that hundreds of thousands of veterans First, this bill will create enormous demand Avery, Barbara Avery, and Sue Avery along who have risked their own lives to defend our for healthcare workers, especially in the area with their families have much to be proud of. country can’t find jobs, and many endure of primary care. Insuring the millions of Ameri- I am thankful for his service and honored to homelessness and lives of poverty after they cans in this country who currently have no in- call him my fellow Kansan. return home. Our brave men and women in surance will allow them to see primary care

VerDate Mar 15 2010 15:11 May 25, 2012 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E09NO9.000 E09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27630 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 November 9, 2009 providers and receive the wellness and pre- complishments of this school and all the stu- School Street, Orchard Park, New York, as ventive care they have been denied for too dents and faculty who have been a part of its the ‘‘Jack F. Kemp Post Office Building.’’ long. This influx of new patients will need doc- storied history. (5) Thompson Amendment to H.R. 2868 tors, nurses and technicians for their care, The W.T. Woodson High School first Chemical Facility Anti-Terrorism Act of 2009. while reducing overall healthcare costs be- opened its doors to students in 1962. At this (‘‘aye’’) cause they will not need much more expen- time, Woodson was not only the largest school (6) Final Passage of H.R. 2868—Chemical sive hospitalizations. I support channeling re- in Fairfax County but the largest in the Com- Facility Anti-Terrorism Act of 2009. sources that for too long have been used to monwealth of Virginia. Built on a dairy farm, Also, I would have voted ‘‘no’’ on: treat people once they become sick into jobs Woodson’s campus continues to be the larg- (1) Barton Amendment to H.R. 2868 Chem- and services that will prevent people from get- est high school campus in Fairfax County. ical Facility Anti-Terrorism Act of 2009. ting sick in the first place. Woodson High School was named in honor (2) Dent (PA)/Olson (TX) Amendment to Second, this bill will continue the efforts we of the late superintendent of the Fairfax Coun- H.R. 2868 Chemical Facility Anti-Terrorism Act began in the stimulus package to deploy new ty Schools Mr. Wilbert Tucker Woodson. Mr. of 2009. health information technologies that better Woodson dedicated himself to his community (3) Dent (PA) Amendment to H.R. 2868 manage both the quality of care people re- and to the students of Fairfax County from Chemical Facility Anti-Terrorism Act of 2009. ceive and the cost at which they receive it. 1921 to 1961. He inspired a tradition of serv- (4) McCaul (TX) Amendment to H.R. 2868 New health care exchanges and new de- ice to community, and dedication to a well- Chemical Facility Anti-Terrorism Act of 2009. mands on the health system to provide high- rounded education that is still shared today. (5) Motion to Recommit H.R. 2868 to H.R. quality and cost-effective health care will cre- Today, Woodson continues to be recognized 2868 Chemical Facility Anti-Terrorism Act of ate new opportunities and markets for our for having the best teachers in the county, a 2009. brightest technology minds. They will be distinguished arts program led by their chorale f incentivized to create and develop products and theater programs, and one of the most AFFORDABLE HEALTH CARE FOR that will be a win/win for Americans: high qual- competitive sports programs. AMERICA ACT (H.R. 3962) ity health care at an affordable price. While Chairman of the Fairfax County Board Third, this bill will create high quality re- of Supervisors, and a parent of a Woodson search opportunities in this country. The En- student, I was proud to be a partner in the HON. EARL BLUMENAUER ergy and Commerce Committee enacted a renovations to the W.T. Woodson High OF OREGON framework for allowing biosimilar competition School. Together with parents, faculty, and IN THE HOUSE OF REPRESENTATIVES in this country. This new class of medicines community leaders, we were successful in se- Saturday, November 7, 2009 curing funds to start the much needed renova- will help lower costs and bring competition to Mr. BLUMENAUER. Madam Speaker, pas- tion to this school. Renovations to Woodson one area that is key to the future of our sage of the Affordable Health Care for Amer- began in 2005 and were completed this year. healthcare system. Biotechnology is on the ica Act marks the most important single step As a result of our community’s commitment to cutting edge of efforts to reducing costly in 100 years in addressing the health care investments in education, we were able to cre- invasive procedures and allowing our constitu- needs of American families. For the first time, ate a new fine arts wing, renovate the cafe- ents to live healthier and more productive the U.S. government has dealt comprehen- teria, expand and remodel the auditorium, as lives. The creation of this new class of medi- sively with the entire health care system. cines comes with requirements for new clinical well as make improvements to classrooms Tonight I voted for every Oregonian who research and testing, especially in the area of and athletic facilities. has faced bankruptcy when they’ve lost their Woodson is an example of the culmination whether a new biosimilar can be interchange- care or has been denied coverage because of of the efforts of a community that came to- able with an innovator’s product. This research a pre-existing condition. Tonight, I voted to gether for a common goal. Our community re- will create high quality and high paying jobs protect every Oregonian who has health insur- alized the critical investments we must make and it is imperative that we keep this research ance but sees their costs rising every year. in our nation’s future by providing a positive and these jobs in this country. We cannot I’m pleased we were successful in the incor- community oriented learning experience for allow these research opportunities to leave poration of major reforms, improving care for our children. I ask my colleagues to join me in this country, and I intend to work with the Sec- all Americans while strengthening the position celebrating the accomplishments of the W.T. retary of HHS and the Commissioner of the of Oregon medical care providers. FDA to ensure they stay in the United States. Woodson High School and its community’s This critical milestone, while historic, signals Madam Speaker, I do not look at this bill as commitment and dedication to our students more hard work ahead to get the bill to the one of cost or drain on the economy of our and the future leaders of our country. President’s desk. I will work to strengthen the country like so many of its opponents on the f reforms while fighting to lower costs to make other side of the aisle. I see this bill as an ex- PERSONAL EXPLANATION health care more affordable for families and citing opportunity to create the kind of jobs we the federal treasury. so desperately need in this country while at HON. LINDA T. SA´ NCHEZ We must then be prepared to keep working the same time improving the lives of all Ameri- to implement this sweeping change. But to- OF CALIFORNIA cans. This bill will improve health care, create night we should all pause to celebrate this mo- IN THE HOUSE OF REPRESENTATIVES jobs and grow our economy. ment in history. Saturday, November 7, 2009 f f Ms. LINDA T. SA´ NCHEZ of California. RECOGNIZING THE REDEDICATION Madam Speaker, due to illness, I was unable LAYING THE KEEL OF U.S.S. GERALD R. OF THE W.T. WOODSON HIGH to be present in the Capitol for votes on FROD (CVN–78) SCHOOL Thursday, November 5, 2009. However, had I been present I would have voted ‘‘yea’’ on: HON. VERNON J. EHLERS HON. GERALD E. CONNOLLY (1) H. Con. Res. 210—providing for the OF MICHIGAN OF VIRGINIA House, upon completion of The Affordable IN THE HOUSE OF REPRESENTATIVES Health Care for America Act, to adjourn until IN THE HOUSE OF REPRESENTATIVES Monday, November 9, 2009 Saturday, November 7, 2009 November 16, 2009. (2) H. Res. 893—Congratulating the 2009 Mr. EHLERS. Mr. Speaker, on November Mr. CONNOLLY of Virginia. Madam Speak- Major League Baseball World Series Cham- 14, 2009, Northrop Grumman will lay the keel er, I rise today to recognize the rededication of pions, the New York Yankees. of the first ship of the new Gerald R. Ford the W.T. Woodson High School in Fairfax (3) H.R. 3788—To designate the facility of class of nuclear-powered aircraft carriers, the County, Virginia. The W.T. Woodson High the United States Postal Service located at U.S.S. Gerald R. Ford (CVN–78), in Newport School has consistently been recognized as 3900 Darrow Road in Stow, Ohio, as the ‘‘Cor- News, Virginia. Susan Ford Bales, the daugh- one of the top ranked schools in the country poral Joseph A. Tomci Post Office Building.’’ ter of President Ford, is the ship’s sponsor and continues to educate and shape our fu- (4) S. 1211—To designate the facility of the and will serve as the keel authenticator for the ture leaders. I am proud to recognize the ac- United States Postal Service located at 60 ceremony.

VerDate Mar 15 2010 15:11 May 25, 2012 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E09NO9.000 E09NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 9, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 27631 President Ford was a good friend of mine, MEETINGS SCHEDULED for Economic, Energy, and Business Af- and I am honored to hold his former seat in NOVEMBER 17 fairs, William E. Kennard, of the Dis- trict of Columbia, to be Representative the U.S. House of Representatives. In 2006, I 10 a.m. of the United States of America to the supported an amendment to the 2007 national Energy and Natural Resources European Union, with the rank and To hold hearings to examine the inter- defense authorization bill, offered by then Sen- status of Ambassador, John F. Tefft, of national aspects of global climate ator John Warner, which expressed the sense Virginia, to be Ambassador to Ukraine, change. of Congress that the CVN–78 should be Michael C. Polt, of Tennessee, to be named after President Gerald R. Ford. On SD–366 Judiciary Ambassador to the Republic of Estonia, January 16, 2007, the U.S. Navy followed Terrorism and Homeland Security Sub- and Cynthia Stroum, of Washington, to Congress’s instruction and announced that committee be Ambassador to Luxembourg, all of CVN–78 would be so named. Consequently, To hold hearings to examine cybersecur- the Department of State, and James CVN–78 and other carriers built to the same ity, focusing on preventing terrorist LaGarde Hudson, of the District of Co- design all will be referred to as ‘‘Ford class attacks and protecting privacy in lumbia, to be United States Director of cyberspace. the European Bank for Reconstruction carriers.’’ and Development, and routine lists in The Gerald R. Ford class carrier design is SD–226 10:30 a.m. the Foreign Service. the successor to the Nimitz class design, and Foreign Relations S–116, Capitol it incorporates several improvements, such as African Affairs Subcommittee 2:30 p.m. allowing more sorties per day and requiring To hold hearings to examine United Commerce, Science, and Transportation fewer sailors for its operations and mainte- States counterterrorism priorities and To hold hearings to examine aggressive nance. Expected to enter into service in 2015, strategy across Africa’s Sahel region. sales tactics on the Internet and their the U.S.S. Gerald Ford, and its Ford class SD–419 impact on American consumers. successors, will ensure that the U.S. Navy, Agriculture, Nutrition, and Forestry SR–253 To hold hearings to examine reauthoriza- Foreign Relations and policymakers, will continue to have the tion of the United States child nutri- To hold hearings to examine the United assets they need to adequately defend our na- tion programs, focusing on opportuni- States and the G–20, focusing on re- tion and protect our allies and interests around ties to fight hunger and improve child making the international economic ar- the globe. health. chitecture. President Ford served his country honorably SD–562 SD–419 and faithfully for more than 60 years, first as 2:15 p.m. Homeland Security and Governmental Af- a Navy officer during World War II, then as a Foreign Relations fairs Business meeting to consider S. 1524, to To hold hearings to examine H1N1 flu, fo- Congressman, Vice President and finally as strengthen the capacity, transparency, President and former President. I believe it is cusing on getting the vaccine to where and accountability of United States it is needed most. fitting that we name this next class of aircraft foreign assistance programs to effec- SD–342 carriers after President Ford, and I look for- tively adapt and respond to new chal- 3 p.m. ward to monitoring the future success of the lenges of the 21st century, S. 1739, to Banking, Housing, and Urban Affairs U.S.S. Ford. promote freedom of the press around To hold hearings to examine protecting the world, S. 1067, to support stabiliza- consumers from overdraft fees, focus- f tion and lasting peace in northern ing on the Fairness and Accountability Uganda and areas affected by the in Receiving Overdraft Coverage Act. SENATE COMMITTEE MEETINGS Lord’s Resistance Army through devel- SD–538 opment of a regional strategy to sup- Title IV of Senate Resolution 4, port multilateral efforts to success- NOVEMBER 18 agreed to by the Senate on February 4, fully protect civilians and eliminate 9:30 a.m. 1977, calls for establishment of a sys- the threat posed by the Lord’s Resist- ance Army and to authorize funds for Agriculture, Nutrition, and Forestry tem for a computerized schedule of all To hold hearings to examine reforming meetings and hearings of Senate com- humanitarian relief and reconstruc- tion, reconciliation, and transitional the United States financial market mittees, subcommittees, joint commit- justice, proposed legislation deploring regulation. tees, and committees of conference. the rape and assault of women in Guin- SD–106 This title requires all such committees ea and the killing of political pro- Veterans’ Affairs to notify the Office of the Senate Daily testers, H. Con. Res. 36, calling on the To hold hearings to examine easing the Digest—designated by the Rules Com- President and the allies of the United burdens through employment. mittee—of the time, place, and purpose States to raise in all appropriate bilat- SR–418 eral and multilateral for a the case of 2:30 p.m. of the meetings, when scheduled, and Energy and Natural Resources any cancellations or changes in the Robert Levinson at every opportunity, urging Iran to fulfill their promises of Public Lands and Forests Subcommittee meetings as they occur. assistance to the family of Robert To hold hearings to examine managing As an additional procedure along Levinson, and calling on Iran to share Federal forests in response to climate with the computerization of this infor- the results of its investigation into the change, focusing on natural resource mation, the Office of the Senate Daily disappearance of Robert Levinson with adaptation and carbon sequestration. Digest will prepare this information for the Federal Bureau of Investigation, SD–366 printing in the Extensions of Remarks Hague Convention on the International NOVEMBER 19 section of the CONGRESSIONAL RECORD Recovery of Child Support and Other on Monday and Wednesday of each Forms of Family Maintenance, adopted 10 a.m. at The Hague on November 23, 2007, and Energy and Natural Resources week. signed by the United States on that To hold hearings to examine environ- Meetings scheduled for Tuesday, No- same date (Treaty Doc. 110–21), the mental stewardship policies related to vember 10, 2009 may be found in the nominations of Jose W. Fernandez, of offshore energy production. Daily Digest of today’s RECORD. New York, to be Assistant Secretary SD–366

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