Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, FIRST SESSION

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

Vol. 155 WASHINGTON, TUESDAY, JULY 21, 2009 No. 110 Senate The Senate met at 10 a.m. and was U.S. SENATE, The legislative clerk read as follows: called to order by the Honorable RO- PRESIDENT PRO TEMPORE, A bill (S. 1390) to authorize appropriations LAND W. BURRIS, a Senator from the Washington, DC, July 21, 2009. for fiscal year 2010 for military activities of State of Illinois. To the Senate: the Department of Defense, for military con- Under the provisions of rule I, paragraph 3, struction, and for defense activities of the of the Standing Rules of the Senate, I hereby PRAYER Department of Energy, to prescribe military appoint the Honorable ROLAND W. BURRIS, a personnel strengths for such fiscal year, and The Chaplain, Dr. Barry C. Black, of- Senator from the State of Illinois, to per- for other purposes. form the duties of the Chair. fered the following prayer: Pending: Let us pray. ROBERT C. BYRD, President pro tempore. Thune amendment No. 1618, to amend God of grace and glory, in the dark- chapter 44 of title 18, United States Code, to ness of our limited knowledge, we turn Mr. BURRIS thereupon assumed the allow citizens who have concealed carry per- to You whose dwelling place is light. chair as Acting President pro tempore. mits from the State in which they reside to Today, send our lawmakers forth f carry concealed firearms in another State with Your light to do the right as You that grants concealed carry permits, if the give them the ability to see it. Lord, RECOGNITION OF THE MAJORITY individual complies with the laws of the help them to keep their minds on You LEADER State. so that Your peace will provide the The ACTING PRESIDENT pro tem- AMENDMENT NO. 1469 foundation for their confidence. In pore. The majority leader is recog- The ACTING PRESIDENT pro tem- their dealings with each other, keep nized. pore. The Senator from Michigan. them from unkind words and unkind si- Mr. LEVIN. Mr. President, I call up f lences. Kindle on the altar of their amendment No. 1469. The ACTING PRESIDENT pro tem- hearts a devotion to freedom’s cause in SCHEDULE pore. Without objection, it is so or- all the world, as You bring their Mr. REID. Mr. President, following dered. The clerk will report. thoughts and actions into conformity leader remarks, if any, the Senate will The legislative clerk read as follows: to Your will. Lord, lift their hearts in resume consideration of the Defense The Senator from Michigan [Mr. LEVIN], gratitude to You for our heritage in authorization bill. There will be 2 for himself and Mr. MCCAIN, proposes amend- this land of rich resources, high privi- hours of debate prior to a vote on the ment No. 1469. lege, and durable freedom. Levin-McCain amendment regarding F– The amendment is as follows: We pray in Your sovereign Name. 22 funding. Senators should expect the (Purpose: To strike $1,750,000,000 in Procure- Amen. first vote to begin shortly after 12 ment, Air Force funding for F–22A aircraft today. The Senate will recess from procurement, and to restore operation and f 12:30 to 2:15 for our weekly caucus maintenance, military personnel, and luncheons. After that time, the bill other funding in divisions A and B that was PLEDGE OF ALLEGIANCE will be open for further amendment. I reduced in order to authorize such appropriation) The Honorable ROLAND W. BURRIS led hope Members who have amendments they wish to offer will do so at the ear- At the end of subtitle A of title I, add the the Pledge of Allegiance, as follows: following: liest possible date. I pledge allegiance to the Flag of the SEC. 106. ELIMINATION OF F–22A AIRCRAFT PRO- United States of America, and to the Repub- f CUREMENT FUNDING. lic for which it stands, one nation under God, (a) ELIMINATION OF FUNDING.—The amount indivisible, with liberty and justice for all. RESERVATION OF LEADER TIME authorized to be appropriated by section The ACTING PRESIDENT pro tem- 103(1) for procurement for the Air Force for f aircraft procurement is hereby decreased by pore. Under the previous order, the $1,750,000,000, with the amount of the de- leadership time is reserved. crease to be derived from amounts available APPOINTMENT OF ACTING f for F–22A aircraft procurement. PRESIDENT PRO TEMPORE (b) RESTORED FUNDING.— The PRESIDING OFFICER. The NATIONAL DEFENSE AUTHORIZA- (1) OPERATION AND MAINTENANCE, ARMY.— clerk will please read a communication TION ACT FOR FISCAL YEAR 2010 The amount authorized to be appropriated by section 301(1) for operation and mainte- to the Senate from the President pro The ACTING PRESIDENT pro tem- nance for the Army is hereby increased by tempore (Mr. BYRD). pore. Under the previous order, the $350,000,000. The legislative clerk read the fol- Senate will resume consideration of S. (2) OPERATION AND MAINTENANCE, NAVY.— lowing letter: 1390, which the clerk will report. The amount authorized to be appropriated

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

S7723

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.000 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7724 CONGRESSIONAL RECORD — SENATE July 21, 2009 by section 301(2) for operation and mainte- when it comes to ending the production that requires the acquisition of additional F– nance for the Navy is hereby increased by of a weapons system. 22 aircraft beyond Fiscal Year 2009, the Sec- $100,000,000. The Secretary of the Air Force and retary of Defense will strongly recommend (3) OPERATION AND MAINTENANCE, AIR the Chief of Staff of the Air Force sent he veto it. FORCE.—The amount authorized to be appro- me and Senator MCCAIN a letter on this You do not get much stronger state- priated by section 301(4) for operation and matter. This letter is already part of ments than that from a Secretary of maintenance for the Air Force is hereby in- Defense and a Chairman of the Joint creased by $250,000,000. the RECORD. It reads, in part, as fol- Chiefs. (4) OPERATION AND MAINTENANCE, DEFENSE- lows: The Secretary of Defense, just last WIDE.—The amount authorized to be appro- This review concluded with . . . a balanced priated by section 301(5) for operation and set of recommendations for our fighter Thursday, expanded on those thoughts maintenance for Defense-wide activities is forces: 1) focus procurement on modern 5th at the Economic Club in Chicago, when hereby increased by $150,000,000. generation aircraft rather than less capable he said the following: (5) MILITARY PERSONNEL.—The amount au- F–15s and F–16s; 2) given that the F–35 will . . . supporters of the F–22 lately have pro- thorized to be appropriated by section constitute the majority of the future fighter moted its use for an ever expanding list of 421(a)(1) for military personnel is hereby in- force, transition as quickly as is prudent to potential missions. These range from pro- creased by $400,000,000. F–35 production; 3) complete F–22 procure- tecting the homeland from seaborne cruise (6) DIVISION A AND DIVISION B GENERALLY.— ment at 187 aircraft, while continuing plans missiles to, as one retired general rec- In addition to the amounts specified in para- for future F–22 upgrades; and 4) accelerate ommended on TV, using F–22s to go after So- graphs (1) through (5), the total amount au- the retirements of the old 4th generation air- mali pirates who in many cases are teen- thorized to be appropriated for the Depart- craft and modify the remaining aircraft with agers with AK–47s—a job we already know is ment of Defense by divisions A and B is here- necessary upgrades in capability. better done at much less cost by three Navy by increased by $500,000,000. In summary, we assessed the F–22 decision SEALS. The ACTING PRESIDENT pro tem- from all angles, taking into account com- The Secretary, in Chicago, said: pore. Under the previous order, there is peting strategic priorities and complemen- These are examples of how far-fetched tary programs and alternatives, all balanced 2 hours of debate on the amendment. some of the arguments have become for a within the context of available resources. We program that has cost $65 billion—and count- Mr. LEVIN. Mr. President, this did not and do not recommend F–22s be in- amendment will strike $1.75 billion in ing—to produce 187 aircraft, not to mention cluded in the FY10 defense budget. This is a the thousands of uniformed Air Force posi- additional funding for F–22 aircraft difficult decision but one with which we are tions that were sacrificed to help pay for it. that was in the committee-reported comfortable. Most importantly, in this and The Senate has also heard, of course, bill. It will also restore serious cuts other budget decisions, we believe it is im- from President Obama, as follows—this that were made in readiness and mili- portant for Air Force leaders to make clear is what he wrote us: tary personnel accounts and across- choices, balancing requirements across a range of Air Force contributions to joint ca- In December 2004, the Department of De- the-board cuts. These cuts were made pabilities. fense determined that 183 F–22s would be suf- in order to shift funds to support F–22 The Senate has also heard from the ficient to meet its military needs. This de- production. It is appropriate that the Secretary of Defense and the Chairman termination was not made casually. The De- F–22 issue receive the full consider- of the Joint Chiefs of Staff. In their partment conducted several analyses which ation by the Senate that it has re- support this position based on the length and letter to me and Senator MCCAIN on ceived. The F–22 debate is among the type of wars that the Department thinks it July 13, Secretary Gates and Admiral most important debates we will have might have to fight in the future, and an es- Mullen wrote the following: on the DOD authorization bill this timate of the future capabilities of likely ad- There is no doubt that the F–22 is an im- versaries. To continue to procure additional year. portant capability for our Nation’s defense. F–22s would be to waste valuable resources Stating what may be one of the worst To meet future scenarios, however, the De- that should be more usefully employed to kept secrets in Washington today, the partment of Defense has determined that 187 provide our troops with the weapons that Department of Defense budget request aircraft are sufficient, especially considering they actually do need. called for ending production of several the future roles of Unmanned Aerial Systems So the President, based on his uni- programs, including the F–22 program. and the significant number of 5th generation formed and civilian advisers’ rec- I suspect the Department of Defense stealth F–35s coming on-line in our combat ommendations, has now said he will will seldom shut down any major ac- air portfolio. It is important to note that the F–35 is a veto this bill if we keep the additional quisition program without a fair half generation newer aircraft than the F–22, $1.75 billion in the bill to buy the addi- amount of controversy, and I agree and more capable in a number of areas such tional seven F–22s those military lead- with the Senator from Georgia that as electronic warfare and combating enemy ers—uniformed and civilian—strongly Congress should never be a air defenses. To sustain U.S. overall air say we do not need. rubberstamp for the executive branch. dominance, the Department’s plan is to buy I know my friend from Georgia has But neither should we object to termi- roughly 500 F–35s over the next five years quoted some private sector individuals nating production of a weapons system and more than 2,400 over the life of the pro- and one senior military official in par- gram. because of parochial reasons. Furthermore, under this plan, the U.S. by ticular, GEN John Corley, the Com- Terminating production, such as 2020 is projected to have some 2,500 manned mander of the Air Force’s Air Combat closing a base, can involve some eco- fighter aircraft, almost 1,000 of them will be Command. nomic loss for communities involved. I 5th generation F–35s and F–22s. China, by I do not take lightly the rec- know that very personally. But we contrast, is expected to have only slightly ommendations and advice of someone must do so from time to time and more than half as many manned fighter air- with a distinguished career such as make these difficult decisions based on craft by 2020, none of them 5th generation. General Corley. However, General The F–22 program proposed in the Presi- what is best for the Nation and what is dent’s budget reflects the judgment of two Corley’s assessment of a high military best for the men and women of the different Presidents, two different Secre- risk if we end the buy of F–22s at 187 is Armed Forces. taries of Defense, three chairmen of the not shared by the most senior leader- As President Obama said the other Joint Chiefs of Staff, and the current sec- ship of the Department that is respon- day, in strong support of ending the F– retary and chief of staff of the Air Force. If sible for viewing the F–22 program, and 22 production: the Air Force is forced to buy additional F– all other Department of Defense pro- 22s beyond what has been requested, it will To continue to procure additional F–22s grams, from a broader perspective. come at the expense of other Air Force and would be to waste valuable resources that These same leaders from the previous Department of Defense priorities—and re- should be more usefully employed to provide quire deferring capabilities in areas we be- administration—the previous Sec- our troops with the weapons that they actu- lieve are much more critical for our Nation’s retary of Defense, the previous Chair- ally do need. defense. man of the Joint Chiefs of Staff—rec- The Senate has heard from the senior For all these reasons, the Secretary ommended termination to President leadership of the Defense Department, of Defense and the Chairman of the Bush, and President Bush also urged both civilian and military, that we Joint Chiefs concluded: the termination of this program. should end F–22 production. The rec- [W]e strongly believe that the time has General Cartwright said at his con- ommendation is strong and clear, as come to close the F–22 production line. If the firmation hearing—or reconfirmation strong and clear as I have ever heard Congress sends legislation to the President hearing—2 weeks ago the following:

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.001 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7725 . . . I was probably one of the more vocal ting smoking and losing weight and ad- blow to States such as Kentucky and and ardent supporters for the termination of dressing the needs of small businesses many others which are already strug- the F–22 production. The reason’s twofold. without imposing new taxes that kill gling to pay the Medicaid costs they First . . . there is a study in the Joint Staff jobs. currently owe. that we just completed and partnered with the Air Force on that, number one, said that The administration is taking a dif- The administration’s efforts to pay proliferating within the United States mili- ferent approach to health care reform, for its plans are not the least bit reas- tary fifth-generation fighters to all three and the more Americans learn about it, suring. The two main groups they are services was going to be more significant the more concerned they become. So it targeting are the last two that should than having them based solidly in just one is good the President plans to spend a be expected to pay for it: seniors, service, because of the way we deploy and be- lot of his time in the days ahead dis- through Medicare cuts, and small busi- cause of the diversity of our deployments. cussing the administration’s plan for ness owners, through higher taxes. General Cartwright went on to say reform because people need to know To me, it is just common sense that the following: what the administration’s plan is. in the middle of a recession the last Point number two is, in the production of Specifically, Americans have con- thing—the last thing—we should be the F–35 Joint Strike Fighter, the first air- cerns about losing the care they have doing is raising taxes on small busi- craft variant will support the Air Force re- and spending trillions of dollars for a nesses. Yet both bills we have seen placement of their F–16s and F–15s. It is a so-called reform that could leave them would do just that. Indeed, under the very capable aircraft. It is 10 years newer— with worse care than they have now, House bill, taxes on some small busi- ‘‘It’’ being the F–35 Joint Strike especially if it is paid for by seniors nesses would rise as high as roughly 45 Fighter— and small business owners. percent. This means in order to pay for It is 10 years newer in advancement in avi- One prospect Americans are ex- health care reform, Democrats would onics and capabilities in comparison to the tremely concerned about is that they increase the tax rate on some small F–22. It is a better, more rounded, capable will be forced off of their current plans businesses to about 30 percent higher fighter. as part of a government takeover of than the rate for big corporations. Well, that F–35 is in production now. health care. Despite repeated assur- Taxes would go up so much, in fact, In fact, there are 30 being paid for and ances from the administration to the under the House proposal that the av- bought and produced in the very budg- contrary, the independent Congres- erage combined Federal and State top et for the Department of Defense which sional Budget Office says that just one tax rate for individuals would be about is before this body now. section of one of the Democratic pro- 52 percent—52 percent, Mr. President. President Eisenhower noted, from posals we have seen would force 10 mil- Let’s consider that figure for a mo- time to time, the military industrial lion people off their current health ment. To repeat: In order to pay for a complex will push for more and more, plans. health care proposal that would not more than is needed. In this case, how- Americans do not want a government even address all the concerns Ameri- ever—in this case—the senior military takeover, and they certainly do not cans have about access and cost—and leadership is not pushing for more. want the government to spend trillions which might even increase overall Finally, to quote again from Sec- of their tax dollars to pay for it, espe- health care costs—Democrats in the retary Gates’s speech last week—this cially if the care they end up with is House would raise the average top tax was in Chicago at the Economic Club— worse than the care they already re- rate in the United States to about 52 The grim reality is that with regard to the ceive, and especially if the money that percent. budget we have entered a zero-sum game. is spent on these so-called reforms only The chart behind me was created by Every defense dollar diverted to fund excess adds to the national debt. the Heritage Foundation and appeared or unneeded capacity—whether for more F– The President has repeatedly prom- last week in the Wall Street Journal. It 22s or anything else—is a dollar that will be shows that the House bill would raise unavailable to take care of our people, to ised that his reform would not add to win the wars we are in, to deter potential ad- the debt. Yet both the House and Sen- the top U.S. rate above even France. Of versaries, and to improve capabilities in ate reform bills we have seen would do the 30 countries the OECD measures, areas where America is underinvested and just that. This is why even Democrats only Belgium, Sweden, and Denmark potentially vulnerable. have started to backpedal from the ad- have higher rates, and five U.S. States Secretary Gates said: ministration’s plans. would have tax rates even higher than That is a risk I cannot accept and I will One reason Democrats are having both Belgium and Sweden. not take. second thoughts is because the Direc- The United States is in the middle of a recession. We have lost more than 2.5 So, Mr. President, the time has come tor of the Congressional Budget Office million jobs since this January. Fami- to end F–22 production at 187 F–22As. has sounded the alarm over the admin- lies are losing homes. The last thing That is all we need to buy, that is all istration’s claims that its reforms they need is a government takeover we can afford to buy, and that is all we would cut long-term overall health that kills even more jobs, adds to the should buy. care costs. On the contrary, he said the ballooning national debt, increases Mr. President, I yield the floor and administration’s reforms would actu- Americans’ long-term health care reserve the remainder of our time. ally lead to an increase in overall costs. Concerns like these about costs costs, and leaves Americans paying RECOGNITION OF THE MINORITY LEADER and debt have been building slowly for more for worse care than they now re- The ACTING PRESIDENT pro tem- weeks. ceive. The proposals we have seen are pore. The Republican leader is recog- Another growing concern even among not just incomplete, they are indefen- nized. Democrats is the impact these higher sible, particularly at a time of spi- Mr. MCCONNELL. Mr. President, I costs would have on States in the form raling debt and ever-increasing job am going to proceed on my leader time. of higher Medicaid costs. At a time of losses. The ACTING PRESIDENT pro tem- tight budgets, this is something that Maybe this is why the administration pore. Without objection, it is so or- Governors from both political parties has started to insist on an artificial dered. are not very happy about. deadline for getting its reform pro- HEALTH CARE WEEK VII, DAY I For example, New Mexico Governor posals through. We certainly do not Mr. MCCONNELL. Mr. President, Bill Richardson has said, and I am need to rush and spend $1 trillion to Americans are eager for health care re- quoting him directly: enact this flawed proposal by the Au- forms that lower costs and increase ac- I’m personally very concerned about the gust recess. The American people and cess. This is why many of us are pro- cost issue, particularly the $1 trillion figures members of both parties in Congress posing reforms that should be easy for being batted around. are calling on us to slow down and take everyone to agree on, such as reform- Expanding Medicaid might look like the time to get it right. ing our medical liability laws, an easy way to expand access, but it Health care reform is too important strengthening wellness and prevention will actually mean massive spending to rush through and get it wrong. We programs that would encourage people increases for both Federal and State saw what happened when some rushed to make healthy choices, such as quit- taxpayers. This could be a devastating and spent $1 trillion on an artificial

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.003 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7726 CONGRESSIONAL RECORD — SENATE July 21, 2009 deadline with the stimulus. The Amer- alleled way that I have seen since I opposed and, in retrospect, Congress ican people do not want the same mis- have been here, who have been willing was right and DOD was wrong. Perhaps take to be made. Instead of setting a 3- to stand up to that political leadership the most similar example to the F–22 is week deadline on legislation that and say: You guys are wrong. They the battle over the F–117 that occurred would end up affecting one-sixth of our have been willing to stand and say that many years ago when the Air Force economy, the administration should if you cut off production of the F–22 at wanted to stop buying F–117s. Thank focus on meeting existing deadlines. 187, you are going to put this country goodness my predecessor, Senator Sam The Mid-Session Review of the ad- at a high risk from a national security Nunn, who was then chairman of the ministration’s earlier predictions standpoint. Senate Armed Services Committee, about unemployment, economic As we go through the debate, it is forced the Air Force to buy more F– growth, government spending, and the going to be interesting to contrast the 117s. Ironically, part of the Air Force’s outlook for the Federal deficit has tra- statements and the letters that every argument was that they wanted to ditionally been released in mid-July. Member has received a flurry of over shift funding and focus to buying more Yet now we are hearing the adminis- the last several days. I have never seen F–22s. The F–117 was critical to estab- tration may not release its midsession the White House lobby such as they lishing air dominance over Iraq in review until August, after Congress has have lobbied on this issue. For a White Desert Storm, and we can thank Con- adjourned and after the administra- House that was not supposed to be a gress for recognizing the need for more tion’s artificial deadline for a Senate lobbying White House or in support of F–117s years ago. bill on health care. lobbyists, it has been unparalleled in There are several other examples, The administration is also struggling my now going on 15 years as a Member such as the Goldwater-Nichols Reorga- to meet its decision to close Guanta- of the Congress. nization Act of 1986 and the establish- namo by January 2010. The administra- Senator LEVIN spoke earlier about ment of Special Operations Command tion’s task force on detainee policy has the F–35: We are going to ramp up pro- in 1987, both of which were strongly op- said it will miss its deadline for mak- duction. We are going to buy 30 air- posed by the Pentagon. Other examples ing recommendations. It seems pre- planes, 30, in this budget. Well, guess are continuation of the V–22 program mature to announce a closing date for what we are paying for those airplanes. and prohibition against retiring U–2s Guantanamo without knowing where We are paying $200 million a copy. and B–52s, all of which are paying divi- these detainees may be sent. The most Guess what we are buying an F–22 for dends beyond what the military expected, including in Iraq and Afghani- recent delay is even more reason for today—an airplane that has been stan today. the administration to show flexibility through the test phase; an airplane I wish to address a comment Senator and reconsider its artificial deadline that has proved itself. We are under a LEVIN and others have made regarding multiyear contract that calls for pay- for closing Guantanamo. previous Secretaries of Defense and Americans want Republicans and ment by the Air Force to the con- Chairmen of the Joint Chiefs sup- Democrats to enact real health care re- tractor of $140 million a copy. There is porting only 183—or 187 now, with the form that reduces costs and makes going to be a lot of conversation on addition of four F–22s we are buying in health care more accessible. They don’t this floor about the cost of the F–22, the supplemental. First, that number want a government takeover of the and it is expensive: $140 million a copy of 183 originally was established not on health care system that costs trillions is very expensive. But to come in here the basis of any study or analysis— of dollars, is paid for by seniors and with a straight face and say we are never a study that came out and said job-killing taxes on small businesses going to save taxpayers’ money by we need 183 and we are going to be bas- and that leaves them paying more for moving to the F–35 and then turn ing our decision on that—but it was worse care than they currently have. around and say we are going to pay $200 based on PBD 753, which is inside Before the administration rushes to million a copy in this bill for F–35s, Washington baseball, which was an spend another trillion dollars, it needs something about that doesn’t add up. OSD budget drill 2 days before Christ- to slow down and focus on fixing our Well, let me just say we are in a de- mas in 2004, in which the Air Force had economy and addressing the issues it is bate with the Pentagon with respect to absolutely no input. Neither the Chief already falling behind on. budgetary issues submitted by the Pen- of Staff nor the Secretary was in- I yield the floor. tagon to Congress. There are a lot of volved. A number of ‘‘183’’ or ‘‘187’’ has The ACTING PRESIDENT pro tem- people who think we ought to step in always been budget driven and not pore. The Senator from Georgia. line, salute the Pentagon and move strategically driven. Mr. CHAMBLISS. Mr. President, I ahead and do exactly what the Pen- There have been at least 10 studies rise in opposition to the Levin-McCain tagon says with respect to the pur- done on F–22 numbers over the past 10 amendment on the F–22. I was listening chase of weapons systems. Well, that is years. Of those, only one, the Joint Air with interest to the chairman speak a not the way the Framers of the Con- Dominance Study done by DOD in 2005, little bit earlier when he raised several stitution intended the Senate and the recommended 183 F–22s. However, that points that I am going to address spe- House to work. Article I, section 8 of study was based on only needing F–22s cifically as I get into the guts of the the Constitution provides Congress in a single-threat scenario and which argument. I think it is kind of inter- with the power to levy and collect also used a fixed budget. esting when he gives a list of those in- taxes, provide for the common defense Senator LEVIN mentioned the com- dividuals in the Pentagon and in the of the United States, to raise and sup- ments General Cartwright made in the White House who are now in opposition port armies and to make rules for the Senate Armed Services Committee to continued production of the F–22. In- government and regulation of the land hearing 2 weeks ago. And he relies terestingly enough, everybody he and naval forces. heavily on the statement General Cart- talked about—from the President to Clearly, we in Congress have a role in wright made. General Cartwright re- the Secretary of Defense, to the Sec- overseeing the Department of Defense, sponded to a question I asked, and my retary of the Air Force, the Chief of reviewing budgets, and questioning question to General Cartwright was: Staff of the Air Force, the Chairman of budget and policy recommendations. General, you say you support termi- the Joint Chiefs—every single one of Our interest and involvement in these nating the F–22 program at 187. Has those individuals is political. They are issues are appropriate and not just there been any one single study, in the appointed. They are appointed by the based on parochial issues. We are Air Force or outside the Air Force, any President. charged with the responsibility of re- analysis done that recommends we ter- I am going to talk about some indi- viewing DOD policies, whether fiscal minate the program at 187? General viduals who are in support of the F–22 policies or otherwise. That is simply a Cartwright’s statement to me was: Yes; who are not appointed. No. 1, they are part of our job. there is a study going on in the Air the men and women who fly the F–22. I think it is important to note that Force right now that says we should Secondly, it is men who have had the on several occasions in recent years, terminate the program at 187. courage to wear the uniform of the Congress has authorized policy or fund- Well, unfortunately for General Cart- United States of America in an unpar- ing initiatives that DOD has strongly wright, we now know no study was

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.004 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7727 done. It is our understanding that the says we can’t afford it. Therefore, he cent of the budget before us of $680 bil- comment of General Cartwright is has to salute his boss. His boss is a po- lion. We are told there are at least being corrected for the record and that litical appointee—Secretary Gates— 25,000 direct jobs and 95,000 direct and we are receiving a corrected statement and the political appointee says we are indirect jobs at stake for that $1.75 bil- coming to the committee shortly. going to cap it at 187; therefore, that is lion—again, two-tenths of 1 percent of I wish to quote from a statement by the direction in which we are going to the budget—which Senator CHAMBLISS Pentagon spokesman Geoff Morrell go and the direction in which you have has offset, by the way. It is not an ex- that was made last Tuesday with re- to salute the flag and move on. penditure that is not going to be ac- spect to the comments of General Cart- I am going to close my comments at counted for. wright. This comment is quoted in the this time and turn to my colleague We are going to put those jobs at Daily Report. It now turns out that a from Connecticut. Before I do so, I will risk—not because this industry is in recent study touted by Pentagon lead- quote somebody who is not political, trouble, unlike the automobile indus- ership as the justification for termi- somebody who is not an appointee, try, which we bailed out to the tune of nating the F–22 fighter isn’t a study at somebody who is a former Chief of $63 billion, by the way—understanding all but a series of briefings by DOD’s Staff of the Air Force. That is GEN the reason many of us supported that program analysis and evaluation shop Merrill McPeak, who, last week, in an was to maintain an industrial manu- in the Air Force. That word comes unsolicited statement, came out and facturing base. from the Pentagon’s top spokesman, said, when he talked about terminating In this case, we lead the world in Geoff Morrell, who told the Daily Re- the F–22 production rate at 187: aerospace. Nobody comes even close to port late Tuesday that the study, or the ability of the United States to I think it’s a real mistake. . . . The air- produce the most sophisticated aircraft whatever it is, is: Not so much a study plane is a game-changer and people seem to as work products. forget that we haven’t had any of our sol- in the world. Yet with an industry Asked to describe the nature and diers or Marines killed by enemy air since doing relatively well—although com- timing of this study, Morrell told the 1951. . . . It’s been half a century or more mercial orders are way down, which is Daily Report: since any enemy aircraft has killed one of causing serious problems but that is as What I think General Cartwright was re- our guys. a result of the economic conditions. We ferring to . . . is two different work prod- The F–22 is at the top end. We have to pro- are unwilling to come up with $1.75 bil- ucts— cure enough of them for our ability to put a lion or two-tenths of 1 percent to put lid on, to dictate the ceiling of any conflict. One by the PA&E shop and one by those many jobs at risk, not to men- We certainly need some figure well above tion retreating on our air superiority. the Air Force— 200. That worries me because I think it is and not so much a study. pennywise and pound foolish to expose us in One of the critical components of na- Since PDB 753, only 183 F–22s have a way this much smaller number does. . . . tional security is maintaining superi- been programmed in the budget, with That’s taking too much high-end risk. ority both at sea and in the air. The F– fiscal year 2009 being the last year of General McPeak is a supporter of 22, by any estimation, is the most superior aircraft in the world. It is not even funding. To say previous Secretaries of this administration and, as far as we close in terms of competitors. Yet with Defense and Chairmen of the Joint can tell, he is not a consultant for any the numbers we have and that we are Chiefs supported this is misleading major defense contractor. For this rea- relying on, we leave ourselves way since, until the fiscal year 2010 budget son, I think his comments deserve sig- short of the earlier projected numbers. bill process, a decision on whether to nificant attention and credibility. As Senator CHAMBLISS pointed out, I will stop at this point, but I will say buy more F–22s would be deferred to fu- the testimony over the years of those more later. I now turn to my colleague, ture decisionmakers. It is perhaps with who advocated this program has been this in mind that Secretary Gates him- Senator DODD, who I will say has been significant. In fact, in the letter most self decided last year to request addi- a great champion on this issue, a great recently received from General Corley, tional F–22s in the fiscal year 2009 sup- partner in support of not just the men head of the Air Combat Command Of- plemental, and he did, in order to keep and women of the Air Force and our fice, headquartered at Langley, VA, the line open and preserve the next ad- other branches that depend on this June 9, it points out how serious this ministration’s option for procurement weapon system to protect America and would be in terms of exposing our Na- of the F–22. our soldiers in the field but also a great tion to national security risks. The I know the former President, Presi- protector from an economic stand- head of the Air National Guard Bureau, dent Bush, did not want to see the pro- point. Lieutenant General Wyatt, makes the gram terminated. They can say what The ACTING PRESIDENT pro tem- same claim. Chief of Staff Schwartz, they want to on the other side, but pore. The Senator from Connecticut is before he changed his mind a week ear- having had personal conversations, I recognized. lier, advocated the F–22 as well, and its know what his feeling was about this Mr. DODD. Mr. President, how much importance. great aircraft. He could have termi- time remains for those of us in opposi- From both a manufacturing perspec- nated the program, but he did not ter- tion? tive and job loss, at a time when unem- minate the program. It is this adminis- The ACTING PRESIDENT pro tem- ployment rates are skyrocketing, this tration that is seeking to terminate pore. There is 441⁄2 minutes remaining. body is about to lay off anywhere from this program. Mr. DODD. I ask to be recognized for 25,000 to 90,000 people—at a time when There have been five previous Secre- 10 minutes, and if I need a little more, unemployment rates are going up, be- taries of the Air Force, six previous I will ask for it. cause we decided that $1.75 billion is Chiefs of Staff of the Air Force, seven The ACTING PRESIDENT pro tem- too expensive at this juncture, even previous Secretaries of Defense before pore. The Senator from Connecticut is though we have offset it, and we have this one, and eight previous com- recognized for 10 minutes. put that many jobs at risk, not because manders of Air Combat Command who Mr. DODD. Mr. President, I commend the industry is failing or because it is have said we need more F–22s. We have Senator CHAMBLISS for his eloquent a bad aircraft but because the Sec- supported this program from day one. and persuasive argument about why retary of Defense and the administra- We have continued to reduce the num- this amendment is a dangerous one, tion have decided this program isn’t ber from the original 781, now down to and I say that respectfully. I have worthy of our support. 187. The current Chief of Staff of the great admiration for CARL LEVIN and So explain to those 90,000 people— Air Force, whose letters have been JOHN MCCAIN, but there are serious somewhere in that range—once they quoted and inserted in the RECORD problems with this approach, from a lose their jobs and get laid off, and where he says we should cap it at 187, national security standpoint as well as they will—why it was we decided has testified time and time and time a manufacturing and industrial base today, because of two-tenths of 1 per- again in recent days and in recent standpoint. cent of the budget, to move in a dif- weeks and who has written me letters To put this into context for our col- ferent direction. Put aside, if you will, stating that the military requirement leagues, we are being asked to author- the $63 billion we spent to develop this for F–22s is not 187, it is 243, but he ize $1.75 billion, or two-tenths of 1 per- aircraft.

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.010 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7728 CONGRESSIONAL RECORD — SENATE July 21, 2009 I raised these concerns expressed by We have provided $63 billion to Thus, in calendar year 2011, Pratt & our military commanders—again, most Chrysler and General Motors to keep Whitney will be producing 11 F–22 en- notably, GEN John Corley of the Air their production lines running—compa- gines and 32 F–35 engines, for a total of Combat Command, LTG Harry Wyatt nies that were brought to their knees, 43 fighter engines. In 2012, since there of the Air National Guard—I have men- in part, due to dismal business plan- will be no F–22 production, there will tioned them. In my State, there are ning and severe mismanagement of only be 41 F–35 engines built. 2,000 to 3,000 jobs at risk, and 1,000 of their companies over the years. The problem is even more acute when the jobs are down because commercial Additionally, the government has ac- you compare overall military engines orders are down. So it is really 2,000 to quired unprecedented equity stakes in being built in 2010 versus 2011 and 2012. 4,000 people in my State who will lose these companies—8 percent in Chrysler Under current plans, Pratt & Whitney their jobs. and a whopping 60 percent in General is expected to go from building 194 No matter how much I care about the Motors. military engines to 130 in 2011. That is people in my State, I could not oppose I have not opposed these efforts. As an average drop of 33 percent in work this exclusively on that basis. You chairman of the Banking Committee, I volume. ought to look nationwide. It is not just worked with my colleagues who rep- What will happen? It is the same my State; it is all across the country. resent those States to provide Federal thing occurring in manufacturing I raised concerns about what this assistance through the legislative proc- States all across the country: layoffs. amendment would do to our global ess. But we took this step because we Thousands and thousands of people— competitiveness and discussed the po- were responding to a national manufac- not just in my State but across the tential harm to our economy posed by turing crisis. We did it because we are country. terminating the world’s most advanced responding to the dire and credible In the absence of military aircraft fighter jet. warnings about the potential impact of work orders for 3 years, companies will I raised concerns over the industry’s the auto industry’s collapse—particu- be forced to tell the legions of highly ability to build the less sophisticated larly in Midwestern States, which skilled engineers, technicians, and ma- F–35—which has only one engine not greatly depend on the auto business. chinists—workers such as the Pratt & two, and the word ‘‘stealthy’’ applied I will discuss briefly another criti- Whitney mechanics I introduced and to the F–35 is a myth; it is not as cally important manufacturing base mentioned last week—that they are stealthy, even remotely, as the F–22— and its economic impact: the aerospace not needed now. They need to retrain. that the United States and its allies industry. They need to find another vocation. are counting on buying over the next While my home State of Connecticut Then, 3 years later, after these work- decade. ranks 29th in total population, accord- ers have settled in a new job, or have Mr. President, before I revisit these ing to the Bureau of Labor Statistics, retired, the Department of Defense and critically important arguments, let’s it ranks sixth in total aerospace em- our allies will try to ramp up produc- be clear on the context in which we are ployment. tion of the F–35. But they will not be having this debate. The proponents of In 2008, according to the Connecticut able to. They will be left scratching this amendment suggest they are sav- Department of Labor, aerospace em- their heads, wondering: Why can’t in- ing taxpayers valuable resources in ter- ployed over 36,000 residents of my dustry meet our production needs right minating the F–22. They claim such State. So any discussion of termi- now? No doubt, we will ask the same cost savings are well worth the risk nating the fighter jet production has question on the Senate floor. Generals Corley and Wyatt have an outsize effect on the people I rep- To assume that the thousands of warned us about. resent. workers across the Nation who work on But out of a total of $680 billion in I would not be arguing this case for the F–22 will stand idly by until 2014 the Defense authorization bill, this the F–22 if it were strictly a parochial when we begin to build the F–35 Joint amendment is valued at $1.75 billion. matter. We don’t have a right to ask 99 Strike Fighter is naive at best. This ar- That is two-tenths of 1 percent of the other people exclusively because of gument I make is not new at all. The total authorization. Since the planes something happening in our own Defense Department recognized this are fully offset, there are no real sav- States. The truth is, halting this pro- point in the 2006 Quadrennial Defense ings in this amendment. duction will have consequences for our Review, published by the military to Instead, this amendment will come industry’s ability to continue to build identify the needs and strategy of our at enormous cost to our security and aircraft for our military. I will lay out Armed Forces. our economy. We are in the midst of a the argument for you. The report stated that F–22 produc- national manufacturing crisis. Every- The expertise of these people cannot tion should be extended ‘‘through fiscal body has talked about it. It is why we be duplicated overnight. These trained year 2010 with a multiyear acquisition voted for so much support for the auto- engineers, scientists, manufacturers, contract to ensure the Department mobile industry only a few weeks ago and machinists are highly skilled and does not have a gap in fifth generation right here in this body. trained. I am concerned their skill sets stealth capabilities.’’ According to the Federal Reserve’s and experience are being taken for At the same time, the F–35 was July 15, 2009, Industrial Production and granted, without consideration for the scheduled to begin construction in 2010. Capacity Utilization Report, manufac- peculiarities of jet engine construc- Since then, of course, it has been turing production has declined 15.5 per- tion. That doesn’t just hurt the work- pushed back 4 years to 2014. There are cent nationwide, between June 2008 and ers and their families; it hurts all of us. some rumors that this date may be June 2009. I will repeat that: There has Let me explain how. pushed back even further. been an over 15 percent decline in our According to the Defense Contract This means the military identified manufacturing sector. This quarter’s Management Agency, there is a 20- to only 3 years ago—36 months ago—the manufacturing production is the lowest 24-month lag between payment for and most recent published report of this in 27 years, which was the previous low production of jet engines. So the num- type, that our Nation would suffer a point in production since 1967, when ber of planes ordered in any 1 given loss in aerospace manufacturing capa- the Fed started to keep track of the year doesn’t correspond with the deliv- bility if fighter production doesn’t data. ery time of those engines. have a seamless transition. We in Congress tried to respond to Under Secretary of Defense Gates’s Their response was to ensure that we this crisis. We passed the Emergency plan in calendar year 2010, Pratt & keep building F–22s until the F–35 Economy Stabilization Act, designed Whitney is expected to make 48 F–22 reached full-rate production. Yet when to relieve credit markets and get banks engines and 19 F–35 engines, for a total the F–35 production schedule was lending again. of 67 fighter jet engines. The following pushed back 4 years, we did not extend We passed the $787 billion American year, the number will drop precipi- the F–22 production to stabilize our in- Reinvestment and Recovery Act to tously to a total of 43 engines, since dustrial base. That is why you have the stimulate the economy and boost de- the F–35 is not scheduled to begin what job losses I have mentioned. mand in various sectors and put people is called ‘‘full-rate production’’ until Now we find ourselves in the very sit- back to work. 2014. uation the Department of Defense was

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.011 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7729 trying to avoid 36 months ago, as we percent out of a $680 billion authoriza- to the Air National Guard’s ability to fulfill face looming job losses across our Na- tion bill, I think is terribly short- our Nation’s highest strategic priority; de- tion, commercial orders down—losing sighted. fending the Homeland. The ANG has proudly these people on that basis and now be- I hope my colleagues would listen to performed the bulk of this mission, while simultaneously participating in overseas con- cause of the vote we may take on this these arguments, would debate and un- tingency operations, with aircraft that are issue—and thus a degradation of our derstand there is an ability, to reach a rapidly nearing the end of their service life. ability to meet the aerospace produc- compromise where we can go forward While I believe our Nation has the capacity tion capability our national security with production, reduce some of the to recapitalize the ANG, I am not aware of requires. So I believe it is our duty and cost that the proponents argue for in any plan that commits to doing so. As such, responsibility to protect these workers this amendment, and then move to- we are in need of an immediate solution in from losing their employment and ward together. But to make the deci- order to ensure that America’s most cost ef- make sure our country retains a viable sion that we may make in the next fective force can continue to perform its most important mission. and competitive capacity in the years hour and a half or so would be a great While a variety of solutions abound, I be- ahead. danger for our Nation. lieve the nature of the current and future Let me also point out—and I did the I appreciate my colleague Senator asymmetric threats to our Nation, particu- other day on a national security CHAMBLISS giving me the opportunity larly from seaborne cruise missiles, requires basis—that, again, superiority is crit- to respond on this issue, and I thank a fighter platform with the requisite speed ical. Right now, there are some 40 na- him for his work as well in making the and detection to address them. The F–22’s tions that have the SU–27, which is a case to our colleagues, Democrats and unique capability in this arena enables it to handle a full spectrum of threats that the sophisticated aircraft, and the MiG–29, Republicans. This ought not to be an which competes with the F–15 and the ANG’s current legacy systems are not capa- issue that divides along those lines at ble of addressing. I am fond of saying that F–16. Forty nations have that capa- all. We need to understand what is at ‘‘America’s most important job should be bility. I had a larger chart earlier—I stake for our Nation, both in terms of handled by America’s best fighter’’. don’t have it with me today—but there our manufacturing base as well as the Indeed, I am keenly aware of the severe are little red and yellow dots all over national security needs that have been strain that our current economic situation this map that indicate advanced sur- identified. has placed on the Department of Defense as face-to-air missile capability where Mr. President, I ask unanimous con- it attempts to modernize for an ever evolv- there have been orders made or they ing threat environment. Given this reality, sent to have printed in the RECORD the finding more efficient ways to protect our have already been acquired. Our F–15s two letters, one from General Corley Nation’s interests at home and abroad is the and F–16s are vulnerable to those sur- and one from General Wyatt. new imperative. Many say this will mean face-to-air missiles. All over the globe There being no objection, the mate- making tough choices, but I believe we can they exist. rial was ordered to be printed in the maintain our vitality by making smart The F–22 literally could avoid the RECORD, as follows: choices; leveraging the cost effective and dual use nature of the ANG is the answer. kind of detection these surface-to-air DEPARTMENT OF THE AIR FORCE, Basing F–22s (and eventually F–35s) at stra- missiles provide. So we now have a ca- HEADQUARTERS AIR COMBAT COMMAND, tegic ANG locations throughout the United pacity to be able to respond. Now we Langley Air Force Base, VA, June 9, 2009. States while simultaneously making them may not—and as long as we are dealing Hon. SAXBY CHAMBLISS, available to rotationally support worldwide U.S. Senate, with Afghanistan and Iraq, that is one contingency operations is the most respon- Washington, DC. issue. But, frankly, we have to prepare sible approach to satisfying all of our Na- DEAR SENATOR CHAMBLISS: Thank you for for situations that could get a lot more tion’s needs. your letter and the opportunity to comment Again, thank you for your inquiry and dangerous for our Nation. The Chinese on the critical issue of F–22 fleet size. At Air your continued support of the Air National and the Russians are aggressively pur- Combat Command we have held the need for Guard. suing a fifth generation aircraft to 381 F–22s to deliver a tailored package of air Sincerely, compete with the F–22. And to say that superiority to our Combatant Commanders HARRY M. WYATT III, and provide a potent, globally arrayed, the F–22 and the F–35 are virtually Lieutenant General, USAF, asymmetric deterrent against potential ad- alike I think is a mistake. That is not Director, Air National Guard. versaries. In my opinion, a fleet of 187 F–22s the case at all. There is a difference. The PRESIDING OFFICER (Mrs. From a national security standpoint puts execution of our current national mili- HAGAN). The Senator from Michigan. as well, there was a reason why Gen- tary strategy at high risk in the near to midterm. Mr. LEVIN. Madam President, I yield eral Corley and General Wyatt and oth- To my knowledge, there are no studies myself 1 minute to give the figures rel- ers have made a case on these aircraft. that demonstrate 187 F–22s are adequate to ative to the F–35 production, which are There is a reason why we invested support our national military strategy. Air the Pentagon figures. I am not sure some $65 billion to develop this air- Combat Command analysis, done in concert where my good friend from Connecticut craft. There is a reason why the quad- with Headquarters Air Force, shows a mod- got his figures on future F–35 produc- rennial report 36 months ago warned erate risk force can be obtained with an F– 22 fleet of approximately 250 aircraft. tion. But the figures from the Pen- about these gaps and what it would do tagon are that there are 30 in this to our industrial base and manufac- While OSD did not solicit direct input from Air Combat Command, we worked closely year’s budget; in next year’s budget, turing. with our Headquarters in ensuring our views fiscal year 2011, they plan 70 F–35s; in I hope our colleagues, in the midst of were available. We realize the tough choices fiscal year 2012, 109 F–35s; in fiscal year all of this, would understand what is at our national leadership must make in bal- 2013, 119 F–35s. Those are far different stake. Again, here we are, on an eco- ancing current warfighting needs against the than the numbers which my friend nomic basis, where many jobs could be fiscal realities our Nation faces. The F–22, a critical enabler of air domi- from Connecticut just gave. lost in our country with critical tech- I am not sure the source of his num- nology that hangs in the balance. It nance, plays a vital role and indispensable role in ensuring joint freedom of action for bers. Perhaps he can give us those would be one thing if we were arguing numbers at a later time. here this plane was no longer needed, it all forces and underpins our ability to dissuade and deter. Thank you for your contin- At this point, I yield 5 minutes to the was not going to do the job we thought ued support of the U.S. Air Force and Air Senator from Delaware. it would do, it wasn’t as sophisticated Combat Command. Mr. DODD. Madam President, if I as we hoped it would be. Then you Sincerely, may respond. might decide dropping this, giving up JOHN D.W. CORLEY, The PRESIDING OFFICER. The Sen- some jobs, may make some sense. But General, USAF, ator from Connecticut. to give up an aircraft of this sophis- Commander. Mr. DODD. I wanted to state where tication and this capability, and simul- the numbers came from. They are from taneously, in an economic situation Hon. SAXBY CHAMBLISS, U.S. Senate, the Defense Contracting Management such as we are in, to lose as we are pre- Washington, DC. Agency. That is where the numbers dicting somewhere between 25,000 and DEAR SENATOR CHAMBLISS: Thank you for came from. 90,000 jobs with this decision, for $1.75 your inquiry and the opportunity for me to The PRESIDING OFFICER. The Sen- billion in this budget—two-tenths of 1 discuss what I believe to be a serious threat ator from Delaware is recognized.

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.013 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7730 CONGRESSIONAL RECORD — SENATE July 21, 2009 Mr. KAUFMAN. Madam President, will be unavailable to take care of our peo- Mr. KAUFMAN. Madam President, I today, I would like to speak in strong ple, to win the wars we are in, to deter po- ask unanimous consent that the time support of the Levin-McCain amend- tential adversaries, and to improve capabili- during the quorum call be charged ment which strips $1.75 billion in ties in areas where America is underinvested equally on both sides. and potentially vulnerable. That is a risk I The PRESIDING OFFICER. Without spending for additional F–22s. These cannot accept and I will not take. are fighter jets the military does not objection, it is so ordered. want and does not need. This is a Cold Madam President, I want to align Mr. KAUFMAN. Madam President, I War system, in a post-9/11 world, that myself with the remarks of Secretary suggest the absence of a quorum. is underperforming and overpriced. To Gates, and reiterate to my colleagues The PRESIDING OFFICER. The force this purchase, against the best that this is a risk none of us should be clerk will call the roll. The assistant legislative clerk pro- judgment of our military leadership willing to take. ceeded to call the roll. and Commander in Chief, weakens our Many of my colleagues have spoken of the sacrifice and cost such a decision Mr. CHAMBLISS. Madam President, ability to keep our Nation safe. I ask unanimous consent the order for The White House and Pentagon agree incurs in terms of jobs. They are right, and I share their concern about jobs; the quorum call be rescinded. that continuing the F–22 production The PRESIDING OFFICER. Without line decreases our military readiness especially in these tough times. I know this makes our decision today hard, objection, it is so ordered. by wasting resources that could be Mr. CHAMBLISS. Madam President, much more usefully employed. And it and no one wants to do anything that will hinder job creation and growth. I yield 5 minutes to the Senator from is not a partisan issue. Presidents URRAY. But it is with these economic con- Washington, Mrs. M Obama and Bush; Defense Secretaries The PRESIDING OFFICER. The Sen- Gates and Rumsfeld; Chairman of the straints in mind that we must also con- ator from Washington is recognized. Joint Chiefs of Staff, Admiral Mullen, sider the implications of spending Mrs. MURRAY. Madam President, I and his two predecessors; and the Sec- nearly $2 billion on a defense program thank the Senator for yielding time on retary and Chief of Staff of the Air that our military leadership says it this important debate. Force all agree that the F–22 is not the simply does not need. As we consider the future of the F–22 most efficient or effective warplane to Building more F–22s does not allow program, it is important for us to re- meet our current and future defense for smart or efficient growth of our member the most fundamental goal we needs. workforce. Moreover, the number of have for our defense industry and the The F–22 has not flown one mission jobs lost on the F–22 will likely be way we have met that goal for many over Afghanistan or Iraq, because it is matched by increased production of the decades. That goal is to give our men not the best weapon to meet the chal- F–35, which is a newer and more capa- and women in uniform technology and lenges we are currently facing. ble warplane. American workers are equipment that is far superior to that This system was designed to counter needed to meet this and other defense of our enemy so they can protect them- Soviet fighters at the end of the Cold priorities, which strengthen our na- selves and defend our Nation. It has War. And its continued purchase de- tional security. Jobs should follow, as been our mission from the time of the prives the military of $1.75 billion it re- opposed to dictate, our defense needs. Wright brothers to the days of Rosie the Riveter, to the era of stealthy tech- quested for other critical priorities, For those concerned about cuts, I point out that the budget proposed by nology. such as building the capability to pro- But maintaining that technology has tect our troops and defeat insurgencies. the President and Secretary Gates represents an increase, not a decrease, in depended on an important partnership With ongoing wars in Afghanistan and that is a partnership between the and Iraq, we cannot afford to disregard defense spending. But this is not just an increase for the sake of spending. Pentagon, which determines the needs the views of our military. And in these of our war fighters, and industry, tough economic times, we cannot af- Rather, it is a budget that recognizes that over the last two decades, the na- which does the research and design and ford to adopt an irresponsible approach builds the next generation of military to defense spending. These facts speak ture of conflict and war has fundamentally changed. It recognizes that we equipment that meets those needs. It is for themselves, and the stakes are sim- a partnership that is vital to our mili- ply too high. What more evidence do must continue to build the capacity to confront a wide spectrum of chal- tary strength, to our economy, and to we need? the health of our domestic industrial The F–22 prepares us for the wars of lenges—conventional and unconventional; regular and irregular—and bet- base. the past; the wars we have already Unfortunately, it is also a partner- ter prepare for a future in which we won. Today, we must look forward and ship that is being weakened by amend- will continue to engage in counter- make tough decisions for the future. ments such as the one we are consid- We must heed the advice of our mili- insurgency. ering today. Instead of treating military leaders, such as Secretary Gates, Today, we must do what is in Amer- tary procurement such as the partner- to rebalance our defense budget. And ica’s best interest. Today, we must ship that it is, this amendment envi- enhance our capabilities to succeed focus on weapons systems that offer sions it as a one-way street. This against current and future threats. the maximum versatility and effective- amendment cancels a vital military This includes preparing for a wide spec- ness, and prepare the military against program without adequate thought of trum of conflict and continuing to en- the widest range of threats. And today, the men and women we rely on to de- gage in counterinsurgency. we must plan for our current and fu- sign and build the equipment our war Madam President, this debate is not ture counterinsurgency needs, as fighters depend on without any consid- just about the future of F–22s. It is shaped by our experiences in Afghani- eration of the fact that if we end the F– about changing the way we do busi- stan and Iraq. 22 program, we are cutting a link in ness. It is about accepting this rebal- It is in this regard that I urge my technology that we will not be able to ancing and ending unnecessary waste. colleagues to join me in supporting the repair overnight. And it is about matching vital national Levin-McCain amendment, and adopt a As many of you know, this is not the security interests with commensurate better approach to defense spending. first time I have come to the floor to levels of funding. Madam President, I suggest the ab- talk about the erosion of our Nation’s The F–22 is the first test of our will- sence of a quorum. industrial base. It likely will not be the ingness to make the tough choices nec- The PRESIDING OFFICER. The last. That is because protecting our do- essary to truly prioritize defense clerk will call the roll. mestic base is not about just one com- spending. The assistant legislative clerk pro- pany or one program or one State or As Secretary Gates said last week: ceeded to call the roll. one industry. This is about our Na- Mr. KAUFMAN. Madam President, I The grim reality is that with regard to the tion’s economic stability, it is about budget, we have entered into a zero-sum ask unanimous consent that the order our future military capability, and it is game. Every defense dollar diverted to fund for the quorum call be rescinded. about the ability to retain skilled fam- excess or unneeded capacity—whether for The PRESIDING OFFICER. Without ily-wage jobs in communities through- more F–22s or anything else—is a dollar that objection, it is so ordered. out the country.

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.014 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7731 Just last week, the Aerospace Indus- The PRESIDING OFFICER. The pro- 400 percent cost overrun of the new Air Force tries Association issued a major report ponents have 351⁄2 minutes, the oppo- weather satellite . . . that finds the Pentagon failed to con- nents have 181⁄2 minutes. And similar cost overruns. sider industrial effects when choosing Mr. LEVIN. I yield to the Senator It is out of control, I say to my col- strategies. That report urged the Pen- from Arizona as much of that time as leagues. I will match my commitment tagon to take into account the impact he requires. to equipping the men and women in the decisions such as the one to stop pro- The PRESIDING OFFICER. The Sen- military with that of anyone in this duction of the F–22 make on our manu- ator from Arizona is recognized. body, but it has to stop, and this vote facturing base. That report also noted Mr. MCCAIN. Madam President, I on the F–22 will determine whether it that our manufacturing base was not thank the chair. I, again, thank my is business as usual with the ear- taken into account in past Quadrennial friend, the distinguished chairman, for marking and pork-barreling of billions Defense Reviews, and when Secretary proposing this amendment. I thank the of dollars which has bred corruption— Gates unveiled his program cuts in distinguished chairman for being the we have former Members of the Con- April, he specifically said defense in- sponsor of this amendment. It is a gress residing in Federal prison—or dustry jobs were not a factor in his de- privilege to work with him on this as whether we are going to finally get it cisions. well as many other issues. under control. As our country faces two difficult but This amendment is probably the Who better to be a spokesperson, in not unrelated challenges—safeguarding most impactful amendment I have seen my view, than our Secretary of De- our country in a dangerous world and in this body on almost any issue, much fense? I have known and admired many rebuilding a faltering economy—ignor- less the issue of defense. It boils down Secretaries of Defense. I know of no ing the needs of our industrial base to whether we are going to continue one whom I admire more than Sec- should not be an option. Whether it is the business as usual of once a weapons retary Gates. He gave a very important the scientists who are designing the system gets into full production it speech, on July 16, at the Economic next generation of military satellites never dies or whether we are going to Club of Chicago—a remarkable speech. or whether it is the engineers who are take the necessary steps to reform the I hope all my colleagues would have improving our radar systems or the acquisition process in this country. the chance to read it. In part of it he machinists assembling our war planes, The F–22, in itself, is $1.75 billion. says, about the problems we are having these industries and their workers are That is an impressive number anyplace in defense spending: one of our greatest strategic assets. outside the beltway. But more impor- First, there is the Congress, which is un- What if they, all of a sudden, were not tant than that, it is a signal that we derstandably concerned, especially in these available? What if we made budgetary are not going to continue to build tough economic times, about protecting jobs and policy decisions that did not take weapons systems that are plagued with in certain states and congressional districts. into account the need of making sure cost overruns, which outlive their re- There is the defense and aerospace industry, which has an obvious financial stake in the we have a strong domestic workforce in quirements for defending this Nation survival and growth of these programs. our country? and, very frankly, starts to gain con- And there is the institutional military Actually, that is not impossible or trol of the acquisition process which is itself—within the Pentagon, and as expressed even unthinkable. It is actually hap- completely out of control. through an influential network of retired pening today. We need to be clear The Government Accountability Of- generals and admirals, some of whom are about the ramifications of amendments fice recently concluded that there were paid consultants to the defense industry, and such as the ones we are considering over $295 billion in cost overruns in the some who often are quoted as experts in the today because once we give up on pro- last several years—$295 billion in cost news media. ducing this technology, once we say overruns. Recently, a close friend of Secretary Gates goes on to say: that certain research and development mine and great leader and former Sec- As a result, many past attempts by my is no longer needed, we lose that. We retary of the Navy wrote an article in predecessors to end failing or unnecessary lose it and we cannot rebuild it over- the Wall Street Journal. He stated: programs went by the wayside. Nonetheless, I determined in a triumph of hope over expe- night. When John McCain was shot down over rience, and the President agreed— Today, as we consider a critical tool Hanoi in 1967, he was flying an A–4 sky hawk. for the future of our military across That jet cost $860,000. I wish to emphasize my strong sup- the globe, we have to also remember port and appreciation for the Presi- By the way, I didn’t know that cost dent’s stand on this issue. the partnership we have built with our to the taxpayers I had caused. But the —and the President agreed, that given the industrial base because, unless we con- jet cost $860,000. sider the needs of that partnership, we urgency of the wars we are in, the daunting Inflation has risen by 700 percent since global security environment we will inhabit are not only going to continue to lose then. So Mr. MCCAIN’s A–4 cost $6.1 million for decades to come, and our country’s eco- some of our best-paying American jobs, in 2008 dollars. Applying a generous factor of nomic problems, we simply cannot afford to we are going to lose the backbone of three for technological improvements, the move ahead with business as usual. our military might. price for a 2008 Navy F–18 fighter should be Then, later on, he talks about the F– $18 million. Instead, we are paying about $90 Supporting continued F–22 produc- 22. tion will help defend against potential million for each new fighter. As a result, the Air superiority and missile defense—two threats, it will protect family-wage Navy cannot buy sufficient numbers. This is disarmament without a treaty. areas where the budget has attracted the jobs, and, most importantly, it will The situation is worse in the Air Force. most criticism—provide case studies. Let me preserve our domestic base. That is im- Then Secretary Lehman says: start with the controversy over the F–22 portant because we do not know what fighter jet. We had to consider, when pre- conflict will come in the future. We In 1983, I was in the Pentagon meeting that paring for a future conventional state-on- don’t know what our challenges will be launched the F–22 Raptor. The plan was to state conflict, what is the right mix of the buy 648 jets beginning in 1996 for $60 million most advanced fighter aircraft and other 10 or 15 or 20 or 30 years from now. If each. . . . we lose our engineering or our produc- weapons to deal with the known and pro- That was in 1983 dollars. jected threats to U.S. air supremacy. For ex- tion base and we face a challenge in the ample, we now have unmanned aerial vehi- future and go back to rebuild that, it Now they cost $350 million apiece and the Obama budget caps the program at 187 jets. cles that can simultaneously perform intel- will never happen. We will be at a dis- ligence, reconnaissance— Then he adds: advantage in whatever future conflict Et cetera. we might face. At least they are safe from cyberattack The President’s budget would buy 48 of the I urge our colleagues to think about since no one in China knows how to program most advanced UAVs. We also took into con- the long-term interests of this deci- the ’83 vintage IBM software that runs them. sideration the capabilities of the newest sion. I oppose the amendment and I He then goes on to cite other prob- manned combat aircraft program, the look forward to further debate. lems, including Navy shipbuilding fias- stealth F–35 Joint Strike Fighter. The F–35 I yield the floor. coes, et cetera. is 10 to 15 years newer than the F–22. Mr. LEVIN. Madam President, how . . . the Army’s Future Combat System that He goes on to say how important the much time remains on our side? was meant to re-equip the entire Army, the F–35 is, and then he says:

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.016 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7732 CONGRESSIONAL RECORD — SENATE July 21, 2009 The F–22 is clearly a capability we do our national security and how we can for aircraft lacking the F–22’s advanced need—a niche, silver-bullet solution for one best equip the men and women who are stealth technology and capability for or two potential scenarios—specifically the in harm’s way all around the world sustained supersonic speeds. It is these defeat of a highly advanced enemy fighter today. capabilities that enable the Raptor to fleet. The F–22, to be blunt, does not make much sense anyplace else in the spectrum of So I understand the economic im- have the unique capability to conduct conflict. pact, particularly in these hard times. stealth operations at any time of day I ask my colleagues, would you ask My sympathy goes out to the commu- or night. yourselves why the F–22 has never nities that are dependent on the con- Secretary Gates argues for ceasing flown over Iraq or Afghanistan. It has tracts for the F–22 aircraft. All I can production of the F–22 after only 187 been in production for nearly 5 years. say to them is we will do everything we are built because we will not face what It has never flown over Iraq or Afghan- can to help you and your families and the Pentagon refers to as a ‘‘near-peer istan. And I want to emphasize that I make the adjustments, and there will adversary’’ for the foreseeable future. For the sake of our Nation, I hope he think it is an important fighter. We are be—we continue to increase spending is right. However, I believe this state- building 187 of them. The question be- on defense. We hope that we will be ment misses a critical point: advanced fore this body is why we continue to able to provide you with the necessary integrated air defense systems are build more, whether we continue to jobs and manufacturing that would be comparably inexpensive and readily af- build more, or the F–35, the Joint devoted to what we have ascertained as fordable by nations such as Iran, with Strike Fighter, which goes to the Ma- our national defense weapons systems its insistence on developing nuclear rine Corps and the Navy and the Air procurement priorities, I say with sym- weapons. Force. Is this the weapons system we pathy to my colleagues who are deeply History provides ample examples of need to balance our entire capability of concerned about the loss of jobs in the effective use of integrated air de- manned aircraft? these difficult economic times. But I would ask my colleagues, since the this is not the way to provide jobs. Our fense systems by nations that lack the F–22 was on the drawing boards and obligation is to defend this Nation. resources to be considered a near-peer moved into production, look at the ad- So I think this amendment is over- adversary of the U.S. As retired LTG vancement in unmanned aerial vehi- due. I think it will be a significant, a Michael Dunn recently noted, North cles. I say that as an old pilot. The un- very significant amendment, as I said Vietnam defended its territory during manned aerial vehicles have been per- before, as to whether we will get our the Vietnam war with what, at the forming a magnificent job both in Iraq priorities straight and listen to our es- time, was an advanced air defense sys- and Afghanistan. They have been a teemed Secretary of Defense, our tem. This system, comprised of sur- critical element sometimes on the bat- President, our Chairman of the Joint face-to-air missiles and fewer than 200 tlefields. And this President’s budget Chiefs of Staff, and other military fighters, was able to shoot down 2,448 understands that and gives extreme leaders in whose hands we entrust to American aircraft. The 1973 War between Israel and priority to that. make the tough decisions. I understand So as we go on, in light of these fac- the final decision is here in Congress, Egypt is another example. The Egyp- tors, Secretary Gates goes on to say: but I also don’t think we should dis- tians learning from their recent defeats built an integrated air defense um- With the support of Air Force leadership, I miss the arguments that have been concluded that 183—the program of record made by I think one of the finest men brella under which its forces were able since 2005, plus four more added in the FY 09 to ever serve this country, and that is to initially make significant territorial supplemental—was a sufficient number of F– Secretary of Defense Gates. gains, while the Israeli Air Force faced 22s and recommended as such to the Presi- I yield the floor. serious losses. Only when the Egyp- dent. THE PRESIDING OFFICER. Who tians advanced beyond the range of The reaction from parts of Washington has yields time to the Senator from Utah? their surface-to-air missiles’ umbrella been predictable for many of the reasons I Mr. CHAMBLISS. I will be happy to was the Israeli Air Force able to inflict described before. The most substantive criticism is that completing the F–22 program yield 7 minutes to the Senator from a significant blow. means we are risking the future of U.S. air Utah. A more contemporary example is the supremacy. To assess this risk, it is worth The PRESIDING OFFICER. The Sen- loss in the 1990s of an F–117 Nighthawk looking at real-world potential threat and ator from Utah is recognized. to the Serbians, who were not equipped assessing the capabilities that other coun- Mr. HATCH. Madam President, dur- with the latest air defense system. tries have now or in the pipeline. ing his July 16 address, the Secretary Despite such examples, some argue The fact is, in the view of the Presi- of Defense, Robert Gates, said the mili- additional F–22s are not necessary dent of the United States, the Sec- tary needed maximum versatility to since stealthy jet-powered unmanned retary of Defense, the Chairman of the bring to bear in a wide range of armed aerial vehicles or UAVs, which are still Joint Chiefs of Staff, the Chief of Staff conflicts. Last January, he argued that under development, will play an in- of the Air Force, and most any objec- ‘‘our military must be prepared for a creasingly vital role in destroying crit- tive observer of the military scene, full spectrum of operations, including ical ground targets. This is true for they believe the F–22 is important, we the [insurgent] type of combat we are threats on the ground, but I am un- need to have what we have, but it is facing in Iraq and Afghanistan as well aware of any plans to operationally de- now time to move on to the F–35, the as large-scale threats that we face from ploy a UAV that can dogfight existing Joint Strike Fighter. places like North Korea and Iran.’’ or next-generation Russian and Chi- So this amendment really means, are I could not agree more with Sec- nese jet fighters, which will be hunting we going to look at the real and com- retary Gates. However, just as our Na- these UAVs. pelling needs we have to have in order tion unwisely disregarded the hard- Our forces could be confronted with to win the war in Afghanistan, con- learned lessons of how to fight counter- the next generation Russian and Chi- tinue our success in Iraq, and put our insurgency operations after Vietnam, nese fighters soon. There have been nu- funds into that kind of equipment and the Defense Department seems poised merous media reports the Russian Gov- weapons systems or are we going to to make similar errors by limiting our ernment is developing a new stealthy continue? capability to defeat the air threat of aircraft, presumably to counter the F– Finally, I have great sympathy for today and tomorrow: the integrated air 22. This aircraft called PAK–FA, is the Senator from Georgia and other defense system. being developed jointly with the Indian Senators who have come to the floor. I This advanced system is composed of Government. Additional media sources understand the sincerity of their views. extended-range Russian surface-to-air cite China’s development of a similar I respect them. I would also point out, missiles such as the S–300 and advanced twin engine, stealth aircraft known as though, that to argue we should build fighters such as the Su–30, which have the J–12. weapons systems in the name of jobs is already been sold in large numbers to Some argue that the F–35 Joint not what we should be about. What we China and India. Together, these sys- Strike Fighter can tackle those threats should be about is procuring and build- tems make penetrating hostile air- and defeat this new generation of ad- ing the best weapons systems to ensure space extremely difficult, if not deadly, vanced aircraft. While the F–35 is a

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.017 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7733 very capable stealth aircraft, it was de- Mr. LEVIN. I ask Senator WYDEN, delay to systems that are so expensive and signed to complement the F–22, not re- how much time does he need? so elaborate that only a small number can be place it. The fact is the F–35 is neither Mr. WYDEN. I believe 10 minutes built, and that are then usable only in a nar- as capable a fighter nor as stealthy as would be plenty. row range of low probability scenarios. the F–22. For example, the F–35 does Mr. LEVIN. I yield 10 minutes to Secretary Gates has hit the nail not have, nor can be upgraded to use, Senator WYDEN. about as perfectly on the head as one the supercruise engines increasingly The PRESIDING OFFICER. The Sen- can. He and our country want the needed in today’s stealth operations. ator from Oregon is recognized. strongest defense possible. But there Remember the F–22 is the NASCAR Mr. WYDEN. Madam President, I rise are ways to make better use of that racer of this air-dominance team. Fast this morning to support the Levin- $1.75 billion than on seven more F–22s. and unseen, the Raptor will punch a McCain amendment. It seems to me I serve on the Senate Select Com- hole in an enemy’s defenses, quickly that buying more F–22s at this point mittee on Intelligence. I know there dispatching any challenger in the air would meet the very definition of gov- are threats to our forces every single and striking at the most important ernment waste. day. I see the Senator from Georgia What you have is a situation where ground targets. The Joint Strike who serves on the Intelligence Com- the Pentagon, which, suffice it to say, Fighter is the rugged SUV of the team. mittee. He believes strongly about this has not exactly been shy over the years Impressive, but not as maneuverable or as well. We need to make sure we are in terms of calling for additional weap- capable of sustained supersonic speeds, protecting our troops in harm’s way, ons, is on record as saying this is un- the F–35 will exploit the hole opened by but we have a variety of choices in necessary. Further, I have been out the F–22 and attack additional targets order to secure the protection our talking with members of the Guard at troops have been in need of. I intend to and directly support our ground forces. home and trying to get their sense of This is not to say the F–35 is not a work with Chairman LEVIN, Secretary what is needed in this dangerous time, Gates, the distinguished Senator from highly capable stealthy aircraft. But and they have never once mentioned the F–35’s role is to supplement the F– Arizona, and the President to ensure something like this. we replace the current F–15 with more 22, not substitute for it. Only by uti- They talk, for example, about body capable and safer fighters. lizing the strengths of both aircraft do armor. They talk about boots. They Last month, I visited with some of we ensure air dominance for the next 40 don’t talk about more F–22s. Suffice it the 3,000 members of the Oregon Na- years. to say, when the Congress is now hav- tional Guard’s 41st brigade combat Furthermore, if the F–22 is such a ing a debate about trying to find addi- team, as they trained for their current boondoggle, why do our allies such as tional money for health care, for exam- deployment to Iraq. Not a one of the Japan and Australia want to spend bil- ple, to go out and spend close to $2 bil- soldiers told me that their big concern lions to purchase the aircraft? Why lion to buy seven more F–22 fighters was whether the Air Force would have does Australia, for instance, plan to the Air Force says it doesn’t want de- 194 F–22s instead of 187. They talked to purchase up to 100 F–35s and large num- fies common sense. bers of UAVs, and yet remains inter- My home State, for example, would me instead about the best vehicles, the ested in the F–22? Perhaps it is because love to hire back police and other es- best medical care if they are injured, Australia understands the Russians sential workers who have been laid off. about the best body armor. Not one of and the Chinese are developing even Instead of building seven planes, we them mentioned the F–22. more sophisticated surface-to-air mis- could be restoring infrastructure and I am not voting against the F–22. I sile systems and stealth fighters, developing renewable energy. Again, in am voting for the soldier, the taxpayer. threats the F–22 is uniquely designed my home State, we have had budget They both deserve our government’s and equipped to destroy. shortfalls. We have seen reductions in greatest protection at this critical Others point out the F–22 has not essential services, law enforcement time in our history. been deployed in support of our oper- being one. The debate is not about nec- I urge colleagues to support the ations in Iraq and Afghanistan. This is essary steps to ensuring a strong na- Levin-McCain amendment. true. However, there were recent plans tional defense. The question is about I yield the floor. to deploy the F–22 to the Persian Gulf. whether the U.S. Congress wants to Mr. INOUYE. Mr. President, I rise But according to the July 9, 2008, edi- spend close to $2 billion to pay for today to address the F–22 program. For tion of the widely respected Defense more fighter jets the Air Force does the past week as the debate has swirled News, the Pentagon overruled those not want. around on this program I have not spo- plans, citing concerns about ‘‘strategic It is also important to remember ken on the subject. My colleagues dislocation.’’ This means the F–22 is that the F–22 is not being purchased for know that I have strongly supported hardly a dinosaur. It is a weapon that wars the United States is currently the F–22 program over the past two can change the balance of power in a fighting. Certainly, the Taliban and decades. Why? Because it is without region and deter our adversaries. Iraqi insurgents do not have an Air question the world’s most advanced In conclusion, I am reminded of a Force. The F–22 is being purchased to fighter aircraft. It’s capabilities far point author Michael Korda made in fight in possible future conflicts with outstrip anything else in the world. his book about the Battle of Britain. other countries that may have an air There simply is no match. He observed that even though the two force. While I strongly believe the Pen- When the Advanced Tactical Fighter British prime ministers before Winston tagon ought to be able to prepare for Program began more than 20 years ago, Churchill pursued a policy of appease- such possibilities, it is the Pentagon no one could foresee what the world ment, they also committed their gov- that is telling us we don’t need these would look like in 2009. We planned to ernment to develop and procure the additional F–22s. build 750 F–22s in order to match the three pieces of equipment: the Spitfire It is also important to note that the Soviet Union’s assumed far greater fighter, Hurricane fighter and radar, Pentagon has purchased 187 F–22s. number of advanced fighters. The F–22 which were to ensure that nation’s sur- There is not a debate about whether was designed with a goal of defeating 10 vival during the Battle of Britain. the United States ought to have fight- Soviet fighters apiece. The strategy I hope the Senate will profit from ers in our arsenal. The question is was that using a combination of these lessons of history and vote whether the Air Force needs 194 of stealth and an advanced radar the F–22 against the McCain-Levin amendment. them instead of 187. We have a very would be able to attack Soviet fighters I yield the floor and reserve the re- good Secretary of Defense, Robert long before the adversary knew they mainder of my time. Gates. The Secretary has said that 187 were there. The PRESIDING OFFICER. Who is sufficient to combat current and fu- I am pleased to note that 20 years yields time? ture threats. He is the one who said later as we train with the F–22 our Air Mr. LEVIN. How much time remains that more are not needed. He is the one Force pilots report that is exactly for the proponents? who said: what it can do. Time after time as we The PRESIDING OFFICER. There is We must break the old habit of adding exercise with the F–22, the results are 21 minutes remaining. layer upon layer of cost, complexity, and nearly the same. The F–22 defeats all

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.017 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7734 CONGRESSIONAL RECORD — SENATE July 21, 2009 adversaries nearly with the same pre- most every initiative they have advo- national security all of which dramati- dictions as the designers hoped it cated. But I see in this case a pattern cally increased the cost to produce the would do. that I have witnessed over and over aircraft. What has changed, however, is that again. Clearly the contractor and Air Force the Soviet Union no longer poses the Time after time our new leaders, were overly optimistic on the cost and threat that was assumed by the De- both civilian and military, look at a schedule of the program. Within 5 fense Department in the 1980s. So then, program and see all the reasons why it years it was clear that the program critics say, why do we need to continue isn’t the right one. For example, in the was not going to be completed within to buy more? We will soon have 187 air- early days of the Clinton administra- $25 billion. As development delays oc- craft that should be sufficient. tion the C–17 program was nearly ter- curred, costs continued to escalate. They note that the F–22 hasn’t been minated because the production of the The Air Force was unwilling to devote used in Afghanistan. While that is con- aircraft wasn’t performing up to expec- more resources to the program so in a sidered a clear argument that it isn’t tations. I recall 2 years prior to that series of moves it consistently delayed needed, it is laughable. As far as I the Appropriations Committee rec- production of the aircraft and trans- know al- Qaida and the Taliban don’t ommended a pause in funding for the ferred dollars appropriated to build the have an air force. The F–22 is designed C–17, not because we had lost con- aircraft to be used instead to cover to defeat conventional military forces. fidence in the program. We still be- higher development costs. By the time It is designed, for example, to counter lieved in the requirement for the air- I became chairman, it was clear that a conventional attack by an adversary craft, but the program wasn’t per- the program would exceed its budget, against one of its neighbors. Were the forming. Up to that point, we had ap- but it was also clear that if it were suc- Chinese to attack Taiwan, the F–22 propriated funds for 16 C–17s in total, cessful it would provide an unmatched would provide an incredible counter to but not a single one had been delivered, capability to this Nation. As costs mounted, the Defense Department de- the Chinese. The same would be true if and there were very few coming to- termined that it would not be able to a resurgent Russia were to try to re- gether on the factory floor in Long purchase all 132 aircraft. First produc- claim countries in the Baltics. Unless Beach. We weren’t recommending can- tion was cut to 75 and eventually it we truly believe that we will never face cellation, but it served notice that at- dropped to 20. In 1996 as the program another nation state in a conventional tention was needed. However, the at- was being killed, the contractor offered conflict then the F–22 is indeed nec- tention that the program received was to produce three per year for several essary. mostly from critics who sought its ter- years at a price of about $600 million At 187 aircraft, the F–22 provides a mination. per copy. However, by that time sup- very credible deterrent to those na- When the Clinton administration port for the program had eroded so tions. Is it sufficient? Perhaps. Will the came into office many of the new offi- that neither the Pentagon nor the Con- Joint Strike Fighter replace it, not a cials were convinced that the C–17 gress would take up the offer. Instead, chance. The Joint Strike Fighter, we should be terminated. In that instance by only buying a total of 21 aircraft, we expect, will be a terrific aircraft, but it the Pentagon mandated a study to de- invested over $2 billion per plane mak- is designed primarily to attack ground termine whether the C–17 was still re- ing it the most costly aircraft in his- targets. In a battle against the F–22, it quired. Luckily the conclusion was tory. would likely lose each engagement. that yes the plane was still needed and This situation isn’t unique to air- With better trained pilots and tactics, those who were calling for its cancella- craft programs. In the case of ship- the Joint Strike Fighter could prob- tion, including some in Congress, building, I remember vividly Secretary ably give the F–22 a run for its money, would not get their way. Cheney’s decision to cancel the but it was never designed to replace It was only a few years earlier that Seawolf submarine. As a result of that the F–22 and should not be viewed as Secretary Cheney determined that the decision, the three Seawolf-class sub- such. V–22 should be terminated. He was jus- marines that were eventually built To me what is maddening about this tifiably concerned that the price was were very expensive. Because we only debate is the sense that the decision is increasing and that the program was bought three, the average cost of each so clear cut that the F–22 program taking longer than planned. It took the submarine was more than $4 billion. should be killed that it is only paro- concerted effort of the Congress to Had we built the 29 originally planned, chial politics that could keep it alive. stand up and say that we would not I can only speculate about the cost, but That is pure hogwash. allow the program to be terminated. it would certainly have been less than The Nation has invested more than Certainly there were those in the Pen- the price we are now paying for its re- $65 billion to develop and buy 187 air- tagon who agreed with the Secretary, placement. What is even more galling craft. If we choose to buy more F–22s but the Marines did not. is that during that time we were still we will do so at a very reasonable I am told that a few years prior to building the capable SSN–688 Los Ange- price—about $150 million. While that is that my good friend Senator Rudman les class submarines and only paying not cheap by any stretch of the imagi- weighed in with Chairman Stevens to about $800 million apiece for them. In- nation, it is far cheaper than what we overrule the Air Force who wanted to stead of reinvigorating that program, paid to initiate the program. And, if we kill the F–117 after the production of we cancelled the Seawolf program and kill the program and decide that we only one squadron of aircraft. I should proceeded with the New Attack sub- need to restart it in a few years, it is point out that the F–117 was not built marine, now called the Virginia class, far cheaper than we would have to pay in New Hampshire. There might have in order to move to a cheaper sub- to resuscitate production. been some modest amount of work as- marine. Regrettably, I have to report This is not a boondoggle. We don’t sociated with the plane in his state, that the cost of the Virginia class sub- have critics saying the program is but the reason that Senator Rudman marine is so high that we have only flawed and should be killed. Everyone insisted that we keep buying the F–117 been able to afford to purchase one per agrees it is a great aircraft. While some was because of its unique capabilities year. When I became chairman we were of my colleagues obviously support the not for any parochial reason. buying four Los Angeles class sub- program because it means jobs in their My colleagues all know the history of marines a year and paying only 1/3 the States, others like myself who have no the B–2 program. It was started as a cost of the Virginia class. Is the Vir- F–22 jobs in their States support the classified program in 1981. The Air ginia a better submarine? Surely it is. program because of its capabilities and Force was going to build 132 bombers. The technological advances that the their concern for the future. Why then We expected it to cost between $20 and Nation has developed between the time has it become an issue over which to $25 billion in total. The contractor the Los Angeles subs were designed and veto a bill? Why are the stakes so high built a huge state of the art factory this decade have allowed for substan- with this program? out in the high desert of California to tial improvements. Is it better than I have the greatest respect for the handle the production of the aircraft. the Seawolf? That is debatable. President and the current Secretary of Because it was highly classified every The pattern I have watched during Defense. I have supported both in al- precaution had to be taken to protect my tenure is a mix of four things.

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.009 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7735 First, programs are cancelled before or mind my colleagues that the Air Force tional security strategy—is scheduled as they reach maturity. Why? Some- said the same thing about the F–117 for submission by the Department of times because new leadership wants to after we only produced one squadron. Defense in early 2010. This important go in a new direction more often, and When some say we should kill this document shapes how our military will important costs increase and schedules and move on to the Joint Strike Fight- respond to threats to our national se- are delayed which erode the support for er, I remember the Seawolf debate. We curity. The timing of today’s vote ig- the programs. Sometimes programs are killed that submarine to build a cheap- nores this review. cancelled because we believe the prom- er alternative. Will we do the same I will feel more confident making a ised replacement will be more capable thing here and be disappointed in the decision on this important program or cheaper. And sometimes we argue cost of the so-called alternative? after reading the QDR, as it will shape times have changed and we don’t need On February 2, 1989, I was selected as our national security strategy for them. In a few cases it is clear that the the chairman of the Subcommittee on years to come. As GEN James Cart- program wasn’t performing as expected Defense of the Appropriations Com- wright, the Vice Chairman of the Joint and should be terminated. mittee. For the past 20 years, it has Chiefs of Staff, said during his con- For the F–22 some will argue it is too been my distinct honor to serve either firmation hearing for his second 2-year expensive. That was the argument as the chairman of the ranking mem- term, ‘‘The military requirement right against the V–22 program. Some say we ber of this subcommittee. As my col- now [for the F–22A] is associated with simply don’t need any more. That was leagues all know, the defense sub- the strategy that we are laying out in the argument used to kill the B–2. committee has the largest budget of the Quadrennial Defense Review.’’ Would we like to have more B–2s in the any of our Appropriations subcommit- While I realize that there are compel- inventory today? I, for one, surely tees, and to many of us it is probably ling arguments on both sides of this would. the most important of our subcommit- issue, I do not believe we have enough Others will say the threat doesn’t tees. It has required a great deal of my information at this time to shut down warrant buying more F–22s. This is time and attention over the past 20 the F–22 line and terminate the pro- where I have my gravest concern. Some years. For me it has been a labor of gram at 187 aircraft. experts will tell you that we know that love. I have the greatest respect for the The PRESIDING OFFICER. Who potential adversaries are working on men and women of this Nation who are yields time? Mr. CHAMBLISS. How much time re- fifth generation fighters. If in 5 years willing to serve and who guarantee mains on both sides? the Chinese unveil a new fifth genera- constitutional freedoms for the rest of us. It has been my priority to support The PRESIDING OFFICER. The Sen- tion fighter and begin to produce it in ator from Georgia has 11 minutes; the numbers will we regret the decision to their cause during this period. As I consider the F–22, I do so with Senator from Michigan has 15 minutes. kill the F–22, I believe we would. the past twenty years as my guide. In Mr. LEVIN. Madam President, I am I am told that no one is likely to be not sure how many other Senators able to develop and build an F–22 equiv- my opinion what I have learned has taught me to be cautious as we kill want to speak or whether the oppo- alent aircraft for a generation. The programs. Therefore today I will cast nents have speakers remaining on their skill and funding required to do so ex- my vote to continue the F–22 program. side. ceeds any foreign nation’s ability. But Mrs. BOXER. Madam President, I am Mr. CHAMBLISS. Madam President, in my view, they might not be able to going to continue to support produc- Senator INHOFE indicated a desire to design an F–22 themselves, but that tion of the F–22 Raptor because we are speak. He is tied up in an EPW Com- doesn’t mean they can’t steal the still hearing strong indications from mittee hearing. He may be able to get plans. top military leaders that we need addi- here. We were told that the North Koreans tional aircraft. Last month, General Mr. LEVIN. We would like to be at were years away from a long range Corley, the Commander of the Air the end of the line, Senator MCCAIN missile, then were surprised when they Force Air Combat Command, wrote and I. unveiled the Taepo dong. We were sur- that ending procurement of the F–22 Mr. CHAMBLISS. I will be happy to prised when Pakistan conducted a nu- would put our ability to execute our make some comments. Then Senator clear test. We were shocked when the nation’s military strategy at ‘‘high MCCAIN and Senator DODD and the Sen- Soviet Union collapsed and most Amer- risk’’ over the ‘‘near to mid-term.’’ ator from Michigan could close it out. icans were shocked when they learned In addition, LTG Harry M. Wyatt III, If Senator INHOFE comes in, we will about al-Qaida after 9/11. if there is one the Director of the Air National Guard, give him a couple of minutes. thing that shouldn’t surprise us is that has stated that these aircraft are par- Madam President, would the Chair we cannot foretell the future. ticularly important for homeland de- notify me when I have used 5 minutes? So as my colleagues deliberate on the fense missions, including addressing The PRESIDING OFFICER. The F–22 program I come down on the side potential threats from cruise missiles. Chair will so notify. of caution. I believe it makes more GEN Merrill McPeak, retired, the Mr. CHAMBLISS. Madam President, sense at this time to continue to former Chief of Staff of the Air Force, I want to make a couple of quick com- produce the program to hedge our bets also recently added that ending F–22 ments relative to some of what has against the future. procurement ‘‘is a real mistake,’’ and been said. First, with regard to Senator To my knowledge there isn’t a single that ‘‘we certainly need some figure WYDEN’s comments concerning the Na- worker in the State of Hawaii whose well above 200.’’ tional Guard, sure, all of us want to job is dependent of continuing produc- I am also not prepared to vote to end make sure we equip our Guard, our Re- tion of the F–22, but I believe the pro- production because I have yet to see a serve, as well as our active-duty force gram merits continued production. conclusive study indicating that 187 F– with all the needs they have. I would I believe it is unfortunate that the 22s are enough. In fact, as late as May cite him to the letter of General debate on this matter has taken on an 19 of this year, GEN Norman A. Wyatt, who is the head of the Air Force overblown proportion. One can make Schwartz, the Chief of Staff of the Air Guard. General Wyatt says the F–22 is the case that 187 could be sufficient. Force, told the House Armed Services uniquely qualified to fill the needs the Our Secretary and Chairman of the Committee that ‘‘243 F–22s is the right Guard has for its national security Joint Chiefs agree that is the case. But number. . . .’’ mission. To even slightly indicate that just like the Marines argued for con- The United States has made a signifi- the Guard has issues with this program tinuing to produce the V–22, the lead- cant investment in the F–22 program. is simply not correct. The Guard is on ers of our Air National Guard and those Before terminating it, we must see in record as being a strong supporter of in charge of flying the aircraft argue unequivocal terms how the defense this program. that we need more—even though the planning process has determined that I have a letter from retired GEN Defense Secretary said it should be requirements and threats have changed David Bockel, retired from the United cancelled. to stop production at 187. States Army. He now is the acting ex- When some say well, the Air Force The next Quadrennial Defense Re- ecutive director of the Reserve Officers leaders say they have enough, I will review—QDR—which outlines our na- Association. Let me quote part of this:

VerDate Nov 24 2008 23:49 Jul 21, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.009 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7736 CONGRESSIONAL RECORD — SENATE July 21, 2009 War plans of the United States are predi- cause of a multiyear procurement con- and a Senate committee that approved pro- cated upon technological air dominance to tract we entered into between the Pen- duction of seven more. However, the admin- provide asymmetric advantage for victory. tagon and the Air Force, as approved istration immediately threatened a veto, and Military experts believe the current cap of by this body—and I know Senator the F–22’s opponents are working hard to en- 187 F–22s is an inadequate number of aircraft sure that production ends in 2011 as cur- to ensure no future threat can impede the MCCAIN objected to that and I under- rently planned. U.S. air dominance. The minimum number of stand that—but by a vote of 70 to 28, After 2011, the F–22’s costs will grow sig- F–22s required to ensure a strong defense is that multiyear contract was approved nificantly, so Japan and its U.S. supporters 250. by this body as well as by the House. have little time to nail down a deal. How- I ask unanimous consent that the As a result, instead of paying the $350 ever, some U.S. officials have long doubted letter of retired General Bockel be million per copy he alluded to, we are that Japan can afford to pay for the F–22, which is why the George W. Bush and Obama printed in the RECORD. today, under that multiyear contract, There being no objection, the mate- paying $140 million a copy. That is in administrations have not seriously promoted the F–22 for Japan. Mr. Gates reportedly fa- rial was ordered to be printed in the comparison to the $200 million a copy vors selling Tokyo the smaller, somewhat RECORD, as follows: that will be paid for every single F–35 less capable and less expensive Lockheed- RESERVE OFFICERS ASSOCIATION, we are buying in this budget. The fig- Martin F–35 Lighting II. Washington, DC, July 20, 2009. ure for 200 F–35s in this budget exceeds While Japan may also purchase the F–35, Hon. SAXBY CHAMBLISS, $6 billion. there are two important reasons Washington Russell Office Building, There are a number of people who are should fully support Japan’s goal to acquire Washington, DC. watching this debate out there today. the F–22. First, the F–22 will be the only DEAR SENATOR CHAMBLISS: The Reserve Of- Certainly those folks at the Pentagon combat aircraft capable of countering Chi- ficers Association, representing 65,000 Re- na’s expected fifth-generation fighters. Sec- serve Component members, supports addi- are anxiously awaiting the results of ond, selling Japan the Raptor may become a tional procurement of the F–22 Raptor Air- the vote. The White House is anxiously critical nonnuclear means for Washington to craft. ROA urges Congress to authorize and awaiting the results of the vote. The help Japan deter a China on its way to be- appropriate funds for continued production Chinese are anxiously awaiting this coming a military superpower by the 2020s. If of the F–22 Raptor. vote. Let me tell colleagues why. I Washington cannot provide decisive non- War plans of the United States are predi- want to quote from an article of July nuclear means to deter China, Japan may cated upon technological air dominance to more quickly consider decisive deterrents provide asymmetric advantage for victory. 19 from a gentleman named Robert D. Fisher, Jr., who is a senior fellow with such as missiles and nuclear weapons. Military experts believe the current cap of Though the Chinese government says next 187 F–22 is an inadequate number of aircraft the International Assessment and to nothing and the U.S. government says to ensure no future threat can impede U.S. Strategy Center. He writes: very little, what is known about China’s air dominance. The minimum number of F– Though the Chinese government says next fifth-generation fighter program is dis- 22s required to ensure a strong defense is 250. to nothing and the U.S. Government says turbing. Both of China’s fighter manufactur- Potential adversary nations are committed very little, what is known about China’s ers, the Shenyang and Chengdu Aircraft cor- to producing their own fifth-generation air- fifth-generation fighter program is dis- porations, are competing to build a heavy craft in the immediate future. Not providing turbing. Both of China’s fighter manufactur- fifth-generation fighter, and there are seri- further funding for this crucial weapons sys- ers, the Shenyang and Chengdu Aircraft cor- ous indicators China may be working on a tem places at risk our nation’s ability to porations, are competing to build a heavy medium-weight fifth-generation fighter simi- meet known and near future threats. The fifth-generation fighter, and there are seri- lar to the F–35. China can be expected to put United States can ill afford a fighter gap or ous indicators China may be working on a a fifth-generation fighter on its future air- to rely on legacy aircraft. medium-weight fifth-generation fighter simi- craft carriers, and it can be expected to build Thank you for your efforts on this key lar to the F–35. China can be expected to put more than 187. issue, and other support to the military that a fifth-generation fighter on its future air- Furthermore, China’s development of anti- you have shown in the past. Please feel free craft carriers, and it can be expected to build access capabilities such as anti-ship ballistic to have your staff call ROA’s legislative di- more than 187. missiles, its buildup of nuclear-missile and rector, Marshall Hanson, with any question I ask unanimous consent that that anti-missile capabilities and space-warfare or issue you would like to discuss. weapons will increasingly undermine U.S. Sincerely, article be printed in the RECORD. There being no objection, the mate- strategic guarantees for Japan. China’s de- DAVID R. BOCKEL, velopment of long-range anti-air and sur- Major General, USA (Retired), rial was ordered to be printed in the face-to-air missiles also threatens the elec- Acting Executive Director. RECORD, as follows: tronic support aircraft critical to the Mr. CHAMBLISS. I also have quoted [From the Washington Times, July 19, 2009] ‘‘networked’’ U.S. air-warfare paradigm, earlier the comments by an active-duty F–22 FIGHTERS FOR JAPAN meaning that jet fighters could quickly lose general, a guy I consider a great Amer- (By Richard D. Fisher Jr.) force-multiplying radar aircraft, tankers and communication satellites. As such, Japan is ican hero, not just because he falls in If Japan’s long-standing effort to acquire correct to prefer the F–22, which reportedly that category of wearing the uniform the Lockheed-Martin F–22 Raptor fifth-gen- can fly 300 to 400 mph faster and two miles eration superfighter falls victim to Wash- of the United States, but he is standing higher than the F–35—an aircraft optimized ington power politics, the United States may up to the personnel at the Pentagon. for attack, not air-superiority missions. inadvertently encourage an Asian arms race He is saying: You guys are wrong. If Japan is serious about the F–22 and its over which it may have little control. For an active-duty general to do that military security, it will have to pay for It is fortunate for the United States that takes significant courage. This is a guy both. But if Washington is serious about sus- in what may be the last year a deal is pos- taining a strategic alliance, it should sell the I want in the foxhole with me. That is sible, Senate Appropriations Committee Raptor to Japan and be prepared to do more General Corley, commander of Air Chairman Daniel K. Inouye and his sup- as China’s military looms larger. Combat Command, who very clearly porters have decided to lead an effort to re- says in a letter that we have previously verse a 1998 law barring foreign sale of the F– Mr. CHAMBLISS. There is another entered into the RECORD that a fleet of 22. group watching very anxiously out 187 F–22s puts execution of our national Through Mr. Inouye’s efforts Japan now there. It is a group of men and women military strategy at high risk in the knows a slightly degraded export model of who wear the uniform of the U.S. Air the Raptor may take five years to develop Force. They are lieutenants, captains, near to midterm and that the min- and cost about $290 million a plane for about imum number of F–22s we need, in his 40, compared to the estimated $150 million and majors. They are watching this opinion, is 381. the U.S. Air Force pays. anxiously because they are saying to I want to also talk for a minute Japan’s long-standing quest to obtain the themselves: I signed up to be a part of about Senator MCCAIN’s comments on F–22, however, may be shot down amid the a U.S. Air Force that believes in put- the cost. This is an expensive weapons intense political struggle over the F–22s very ting men and women in cockpits, men system, but it is also the most sophis- future. President Obama and Defense Sec- and women who are going to carry the ticated weapons system ever designed retary Robert M. Gates have made termi- fight to the enemy. What am I hearing by mankind. Most importantly, it is nation of F–22 production at 187 planes a from Members of Congress? What am I symbolic goal of their effort to cut defense doing its job. It is doing its job in a spending and reorient U.S. military strategy. hearing from the leadership at the Pen- very professional way. Instead of cost- This has been challenged recently by the tagon? That we are going to move ing the $350 million Senator MCCAIN House Armed Services Committee, which ap- away from the most advanced fighter stated in his earlier statements, be- proved the production of 12 more Raptors, in the world today and move to a

VerDate Nov 24 2008 00:27 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.024 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7737 smaller fighter? That we are going to I yield the floor. U.S. DEPARTMENT OF DEFENSE, OF- move away from fighters maybe even The PRESIDING OFFICER. Who FICE OF THE ASSISTANT SEC- altogether by going to UAVs? Is this yields time? RETARY OF DEFENSE (PUBLIC AF- FAIRS). the Air Force I signed up for? The Senator from Michigan. I can tell my colleagues why they are ECONOMIC CLUB OF CHICAGO Mr. LEVIN. Madam President, how (As Delivered by Secretary of Defense Robert anxiously awaiting the outcome. They much time remains? have talked to me time and time again M. Gates, Chicago, IL, Thursday, July 16, The PRESIDING OFFICER. Fourteen 2009) about the fact that they are concerned minutes 45 seconds. Thank you, Secretary Daley, for that kind about their future in the U.S. Air Mr. LEVIN. How much time do the introduction. Force. The worst thing we can do is to opponents have? It’s an honor to be at the Economic Club of discourage those brave men and women Chicago. I certainly appreciate the special who want to make a career of the Air The PRESIDING OFFICER. Forty- arrangements you made to have me here this Force and want to be wearing the two, five seconds. afternoon. three, and four stars one of these days. Mr. LEVIN. Well, if the Senator from I thank all the distinguished citizens of Arizona would go, and then Senator this great city who came here today. I am I assure my colleagues those lieuten- mindful I am speaking in the adopted home- DODD, and then myself. ants and those captains and those ma- town of my boss. President Obama sends his jors are watching what this body does The PRESIDING OFFICER. The Sen- greetings, as do Rahm Emanuel and David from a policy standpoint today. They ator from Georgia. Axelrod and the rest of the Chicago crew. know where their leadership at the Mr. CHAMBLISS. Madam President, They are no doubt discovering that Wash- how much time do we have remaining? ington is the true ‘‘Windy City.’’ Pentagon is coming from. They don’t The issue that brings me here today is cen- like what they are hearing. They are The PRESIDING OFFICER. Forty- tral to the security of all Americans: the fu- now looking to Congress to fulfill the five seconds. ture of the United States military: How it role that John Hamre, the director of Mr. MCCAIN. Madam President, we should be organized, equipped—and funded— CSIS, has said time and time again, would be glad to yield a couple more in the years ahead, to win the wars we are in and that is to objectively review the minutes to the Senator from Con- while being prepared for threats on or be- budget the Pentagon sends to the hill. necticut. yond the horizon. Earlier this year, I recommended to President Obama—and he en- We are in the process of doing that and Mr. LEVIN. Madam President, I yield thusiastically agreed—that we needed to fun- exercising the type of oversight we 2 additional minutes to the Senator damentally reshape the priorities of Amer- should exercise. from Connecticut. ica’s defense establishment and reform the I urge my colleagues to vote against Mr. MCCAIN. Three, four. I ask the way the Pentagon does business—in par- this amendment. Senator, do you want to go ahead now? ticular, the weapons we buy, and how we buy them. Above all, to prepare to wage future I yield 2 minutes to Senator INHOFE. Mr. DODD. Madam President, I will The PRESIDING OFFICER. The Sen- wars, rather than continuing the habit of re- wait a couple of minutes. arming for previous ones. ator from Oklahoma. I am here on relatively short notice to Mr. INHOFE. Madam President, I The PRESIDING OFFICER. The Sen- ator from Arizona. speak publicly about these matters because know almost everything that can be Congress is, as we speak, debating the presi- Mr. MCCAIN. Madam President, I said has been said. Having served on dent’s defense budget request for the next the Armed Services Committee for will be fairly brief. This argument has fiscal year, a budget request that imple- quite some time and having watched been made, and we pretty well covered ments many needed reforms and changes. this, what is kind of worrisome to me most of the issue. I would remind my Most of the proposals—especially those that colleagues that all the things we do are increase support for the troops, their fami- is that when we started out the F–22 lies, and the war effort—have been widely program, the fifth generation fighter a matter of choice because we do not have unlimited amounts of funding, ob- embraced. However, some of the crucial re- program, at that time they were talk- forms that deal with major weapons pro- ing about 750. Then the numbers start- viously, and if you spend money on one grams have met with a less than enthusi- ed coming down and approached, I project, then obviously you may have astic reaction in the Congress, among de- guess, 243. The Air Force officials have to spend less on another. That is the fense contractors, and within some quarters repeatedly stated that no fewer than case of the F–35, if we do not eliminate of the Pentagon itself. And so I thought it appropriate to address some of these con- that would be sufficient with a mod- this $1.75 billion. But most importantly, I want to troversial issues here—in a place that is, ap- erate level of risk. propriately enough not only the adopted My concern has been the same con- point out again, this amendment is home of our Commander-in-Chief, but also a cern I have when we are talking about more than just about a weapons sys- symbol of America’s industrial base and eco- ground capability, when we see coun- tem. This amendment is about whether nomic power. tries such as China and Russia passing we will stop doing business as usual; First, some context on how we got to this us up in areas. I will not bring up the that is, continuing to fund weapons point. President Obama’s budget proposal is, systems that are no longer needed and I believe, the nation’s first truly 21st century NLOS cannon right now. But there are defense budget. It explicitly recognizes that many places where our prospective en- unnecessary. We are not saying the F– over the last two decades the nature of con- emies have better equipment than we 22 is not a good aircraft. We are saying flict has fundamentally changed—and that do. We do know China has their J–12s; it is time to end the production of the much of America’s defense establishment and Russia, I believe they are calling F–22. has yet to fully adapt to the security reali- theirs the T–50s. We do know those are The President of the United States ties of the post-Cold War era and this com- has threatened to veto this entire bill. plex and dangerous new century. fifth-generation fighters. It is very dis- During the 1990s, the United States cele- turbing to me that we would consider That is not good for the men and brated the demise of the Soviet Union and stopping at this point when this is not women in the military to have to go the so-called ‘‘end of history’’ by making going to be adequate to get us out of through this whole process over again. deep cuts in the funding for, and above all, the medium-risk category. The Chairman of the Joint Chiefs of the size of the U.S. military, including a 40 So I certainly support the effort to Staff, the Chief of Staff of the Air percent drop in the size of the Active Army. maintain those seven. Quite frankly, Force, and, very importantly, the Sec- This took place even as a post-Cold War retary of Defense, who has served now world grew less stable, less predictable, and when Senator CHAMBLISS offered the more turbulent. The U.S. military, with amendment to expand it by seven, I under two Presidents and has gained some advances in areas such as precision was thinking we should really be the respect and appreciation of all of us weaponry, essentially became a smaller shooting for more, and I think he for his service—Madam President, I ask version of the force that held off the Soviets agreed with that. However, apparently unanimous consent that Secretary of in Germany for decades and expelled Iraq with the exports out there and with the Defense Gates’ speech last July 16 to from Kuwait in 1991. There was little appe- additional seven that were put in, in the Economic Club of Chicago be print- tite for, or interest in, preparing for what we call ‘‘irregular warfare’’—campaigns against ed in the RECORD. the committee, that would be enough insurgents, terrorists, militias, and other to keep the line open. So I strongly There being no objection, the mate- non-state groups. This was the bipartisan re- support the effort to keep those num- rial was ordered to be printed in the ality both in the White House and in Con- bers where they are. RECORD, as follows: gress.

VerDate Nov 24 2008 00:27 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.026 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7738 CONGRESSIONAL RECORD — SENATE July 21, 2009 Of course, after September 11th, some tion. The Lebanese extremist group programs went by the wayside. Nonetheless I things did change. The base defense budget— Hezbollah currently has more rockets and determined in a triumph of hope over experi- not counting spending for the wars—in- high-end munitions—many quite sophisti- ence, and the president agreed, that given creased by some 70 percent over the next cated and accurate—than all but a handful of the urgency of the wars we are in, the eight years. During this period there were countries. daunting global security environment we important changes in the way U.S. forces In sum, the security challenges we now will inhabit for decades to come, and our were organized, based and deployed, and in- face, and will in the future, have changed, country’s economic problems, we simply vestments were made in new technologies and our thinking must likewise change. The cannot afford to move ahead with business as such as unmanned aerial vehicles. However, old paradigm of looking at potential conflict usual. when all was said and done, the way the Pen- as either regular or irregular war, conven- To this end, the president’s budget request tagon selected, evaluated, developed, and tional or unconventional, high end or low—is cut, curtailed, or ended a number of conven- paid for major new weapons systems and no longer relevant. And as a result, the De- tional modernization programs—satellites, equipment did not fundamentally change— fense Department needs to think about and ground vehicles, helicopters, fighters—that even after September 11th. prepare for war in a profoundly different way were either performing poorly or in excess to Indeed, the kinds of equipment, programs, than what we have been accustomed to real-world needs. Conversely, future-oriented and capabilities needed to protect our troops throughout the better part of the last cen- programs where the U.S. was relatively and defeat the insurgencies in Iraq and Af- tury. underinvested were accelerated or received ghanistan were not the highest priority of What is needed is a portfolio of military more funding. much of the Defense Department, even after capabilities with maximum versatility For example, we must sustain and contin- several years of war. across the widest possible spectrum of con- ually improve our specialized strategic de- I learned about this lack of bureaucratic flict. As a result, we must change the way we terrent to ensure that our—and our allies’— priority for the wars we are in the hard think and the way we plan—and fundamen- security is always protected against nuclear- way—during my first few months on the job tally reform—the way the Pentagon does armed adversaries. In an initiative little no- as the Iraq surge was getting underway. The business and buys weapons. It simply will ticed, the President’s program includes challenges I faced in getting what our troops not do to base our strategy solely on con- money to begin a new generation of ballistic needed in the field stood in stark contrast to tinuing to design and buy—as we have for missile submarines and nearly $700 million in the support provided conventional mod- the last 60 years —only the most techno- additional funds to secure and assure Amer- ernization programs—weapons designed to logically advanced versions of weapons to ica’s nuclear deterrent. fight other modern armies, navies, and air keep up with or stay ahead of another super- Some of our proposed reforms are meeting forces—that had been in the pipeline for power adversary—especially one that im- real resistance. They are called risky. Or not many years and had acquired a loyal and en- ploded nearly a generation ago. meeting a certain military requirement. Or thusiastic following in the Pentagon, in the To get there we must break the old habit lacking in study and analysis. Those three Congress, and in industry. The most pressing of adding layer upon layer of cost, com- words—requirements, risk, and, analysis— needs of today’s warfighter—on the battle- plexity, and delay to systems that are so ex- are commonly invoked in defense matters. If field, in the hospital, or at home—simply pensive and so elaborate that only a small applied correctly, they help us make sound number can be built, and that are then usa- lacked place and power at the table when decisions. I’ve found, however, that more ble only in a narrow range of low-probability priorities were being set and long-term budg- often they have become the holy trinity of scenarios. the status quo or business as usual. et decisions were being made. We must also get control of what is called So the most important shift in President In truth, preparing for conflict in the 21st ‘‘requirements creep’’—where more features Obama’s first defense budget was to increase century means investing in truly new con- and capabilities are added to a given piece of and institutionalize funding for programs cepts and new technologies. It means taking equipment, often to the point of absurdity. that directly support those fighting Amer- into account all the assets and capabilities The most flamboyant example of this phe- ica’s wars and their families. Those initia- we can bring to the fight. It means meas- nomenon is the new presidential helicopter— tives included more helicopter support, air uring those capabilities against the real what President Obama referred to as defense lift, armored vehicles, personnel protection threats posed by real world adversaries with procurement ‘‘run amok.’’ Once the analysis equipment, and intelligence, surveillance, real limitations, not threats conjured up and requirements were done, we ended up and reconnaissance assets for our troops in from enemies with unlimited time, unlim- with a helicopter that cost nearly half a bil- Iraq and Afghanistan. In addition, we also ited resources, and unlimited technological lion dollars each and enabled the president increased funding for programs that provide acumen. to, among other things, cook dinner while in long-term support to military families and Air superiority and missile defense—two flight under nuclear attack. areas where the budget has attracted the treatment for the signature wounds of this We also had to take a hard look at a num- conflict—such as traumatic brain injury and most criticism—provide case studies. Let me ber of weapons programs that were gro- start with the controversy over the F–22 post traumatic stress. tesquely over budget, were having major per- But, while the world of terrorists and other fighter jet. We had to consider, when pre- formance problems, were reliant on unproven paring for a future potential conventional violent extremists—of insurgents and IEDs— technology, or were becoming increasingly is with us for the long haul, we also recog- state-on-state conflict, what is the right mix detached from real world scenarios—as if of the most advanced fighter aircraft and nize that another world has emerged. Grow- September 11th and the wars that followed ing numbers of countries and groups are em- other weapons to deal with the known and had never happened. projected threats to U.S. air supremacy? For ploying the latest and increasingly acces- Those of you with experience in the tech- example, we now have unmanned aerial vehi- sible technologies to put the United States nology or manufacturing sectors have at cles that can simultaneously perform intel- at risk in disruptive and unpredictable ways. some point probably faced some combination Other large nations—known in Pentagon of these challenges in your own businesses. ligence, reconnaissance, and surveillance lingo as ‘‘near-peers’’—are modernizing their But in the defense arena, we faced an addi- missions as well as deliver precision-guided militaries in ways that could, over time, tional, usually insurmountable obstacle to bombs and missiles. The president’s budget pose a challenge to the United States. In bring rationality to budget and acquisition request would buy 48 of the most advanced some cases, their programs take the form of decisions. Major weapons programs, irrespec- UAVs—aircraft that have a greater range traditional weapons systems such as more tive of their problems or performance, have a than some of our manned fighters, in addi- advanced fighter aircraft, missiles, and sub- habit of continuing long after they are want- tion to the ability to loiter for hours over a marines. ed or needed, recalling Ronald Reagan’s old target. And we will buy many more in the fu- But other nations have learned from the joke that a government program represents ture. experience of Saddam Hussein’s military in the closest thing we’ll ever see to eternal life We also took into consideration the capa- the first and second Gulf wars—that it is ill- on this earth. bilities of the newest manned combat air- advised, if not suicidal, to fight a conven- First, there is the Congress, which is un- craft program, the stealth F–35 Joint Strike tional war head-to-head against the United derstandably concerned, especially in these Fighter. The F–35 is 10 to 15 years newer States: fighter-to-fighter, ship-to-ship, tank- tough economic times, about protecting jobs than the F–22, carries a much larger suite of to-tank. They also learned from a bank- in certain states and congressional districts. weapons, and is superior in a number of rupted Soviet Union not to try to outspend There is the defense and aerospace industry, areas—most importantly, air-to-ground mis- us or match our overall capabilities. Instead, which has an obvious financial stake in the sions such as destroying sophisticated enemy they are developing asymmetric means that survival and growth of these programs. air defenses. It is a versatile aircraft, less take advantage of new technologies—and our And there is the institutional military than half the total cost of the F–22, and can vulnerabilities—to disrupt our lines of com- itself—within the Pentagon, and as expressed be produced in quantity with all the advan- munication and our freedom of movement, to through an influential network of retired tages produced by economies of scale—some deny us access, and to narrow our military generals and admirals, some of whom are 500 will be bought over the next five years, options and strategic choices. paid consultants to the defense industry, and more than 2,400 over the life of the program. At the same time, insurgents or militias some who often are quoted as experts in the And we already have eight foreign develop- are acquiring or seeking precision weapons, news media. ment partners. It has had development prob- sophisticated communications, cyber capa- As a result, many past attempts by my lems to be sure, as has every advanced mili- bilities, and even weapons of mass destruc- predecessors to end failing or unnecessary tary aircraft ever fielded. But if properly

VerDate Nov 24 2008 00:27 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.009 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7739 supported, the F–35 will be the backbone of and operating costs. The program and oper- defense bill working its way through the America’s tactical aviation fleet for decades ating concept were fatally flawed and it was Congress. The president has indicated that to come if—and it is a big if—money is not time to face reality. So we curtailed the ex- he has real red lines in this budget, including drained away to spend on other aircraft that isting program while keeping the prototype the F–22. Some might ask: Why threaten a our military leadership considers of lower aircraft for research and development. veto and risk a confrontation over a couple priority or excess to our needs. Many of these decisions—like the one I billion dollars for a dozen or so planes? Having said that, the F–22 is clearly a ca- just described—were more clear-cut than The grim reality is that with regard to the pability we do need—a niche, silver-bullet others. But all of them, insofar as they in- budget we have entered a zero-sum game. solution for one or two potential scenarios— volved hundreds of billions of dollars and the Every defense dollar diverted to fund excess specifically the defeat of a highly advanced security of the American people, were treat- or unneeded capacity—whether for more F– enemy fighter fleet. The F–22, to be blunt, ed with the utmost seriousness by the senior 22s or anything else—is a dollar that will be does not make much sense anyplace else in civilian and military leadership of the Pen- unavailable to take care of our people, to the spectrum of conflict. Nonetheless, sup- tagon. An enormous amount of thought, win the wars we are in, to deter potential ad- porters of the F–22 lately have promoted its study, assessment, and analysis underpins versaries, and to improve capabilities in use for an ever expanding list of potential these budget recommendations including the areas where America is underinvested and missions. These range from protecting the National Defense Strategy I issued last sum- potentially vulnerable. That is a risk I can- homeland from seaborne cruise missiles to, mer. not accept and I will not take. as one retired general recommended on TV, Some have called for yet more analysis be- And, with regard to something like the F– using F–22s to go after Somali pirates who in fore making any of the decisions in this 22, irrespective of whether the number of air- many cases are teenagers with AK–47s—a job budget. But when dealing with programs craft at issue is 12 planes or 200, if we can’t we already know is better done at much less that were clearly out of control, performing bring ourselves to make this tough but cost by three Navy SEALs. These are exam- poorly, and excess to the military’s real re- straightforward decision—reflecting the ples of how far-fetched some of the argu- quirements, we did not need more study, judgment of two very different presidents, ments have become for a program that has more debate, or more delay—in effect, paral- two different secretaries of defense, two cost $65 billion—and counting—to produce ysis through analysis. What was needed were chairmen of the joint chiefs of staff, and the 187 aircraft, not to mention the thousands of three things—common sense, political will, current Air Force Secretary and Chief of uniformed Air Force positions that were sac- and tough decisions. Qualities too often in Staff, where do we draw the line? And if not rificed to help pay for it. short supply in Washington, D.C. now, when? If we can’t get this right—what In light of all these factors, and with the All of these decisions involved considering on earth can we get right? It is time to draw support of the Air Force leadership, I con- trade-offs, balancing risks, and setting prior- the line on doing Defense business as usual. cluded that 183—the program of record since ities—separating nice-to-haves from have-to- The President has drawn that line. And that 2005, plus four more added in the FY 09 sup- haves, requirements from appetites. We can- red line is a veto. And it is real. plemental—was a sufficient number of F–22s not expect to eliminate risk and danger by On a personal note, I joined CIA more than and recommended as such to the president. simply spending more—especially if we’re 40 years ago to help protect my country. For The reaction from parts of Washington has spending on the wrong things. But more to just about my entire professional career in been predictable for many of the reasons I the point, we all—the military, the Congress, government I have generally been known as described before. The most substantive criti- and industry—have to face some iron fiscal a hawk on national security. One criticism cism is that completing the F–22 program realities. of me when I was at CIA was that I overesti- means we are risking the future of U.S. air The last defense budget submitted by mated threats to the security of our country. supremacy. To assess this risk, it is worth President George W. Bush for Fiscal Year Well, I haven’t changed. I did not molt looking at real-world potential threat and 2009 was $515 billion. In that budget the Bush from a hawk into a dove on January 20, 2009. assessing the capabilities that other coun- administration proposed—at my rec- I continue to believe, as I always have, that tries have now or in the pipeline. ommendation—a Fiscal Year 2010 defense the world is, and always will be, a dangerous Consider that by 2020, the United States is budget of $524 billion. The budget just sub- and hostile place for my country with many projected to have nearly 2,500 manned committed by President Obama for FY 2010 was who would do America harm and who hate bat aircraft of all kinds. Of those, nearly $534 billion. Even after factoring inflation, everything we are and stand for. But, the na- 1,100 will be the most advanced fifth genera- and some of the war costs that were moved ture of the threats to us has changed. And so tion F–35s and F–22s. China, by contrast, is from supplemental appropriations, President too should the way our military is organized projected to have no fifth generation aircraft Obama’s defense request represents a modest and equipped to meet them. by 2020. And by 2025, the gap only widens. but real increase over the last Bush budget. I believe—along with the senior military The U.S. will have approximately 1,700 of the I know. I submitted them both. In total, by leadership of this nation—that the defense most advanced fifth generation fighters one estimate, our budget adds up to about budget we proposed to President Obama and versus a handful of comparable aircraft for what the entire rest of the world combined that he sent to Congress is the best we could the Chinese. Nonetheless, some portray this spends on defense. Only in the parallel uni- design to protect the United States now and scenario as a dire threat to America’s na- verse that is Washington, D.C., would that be in the future. The best we could do to pro- tional security. considered ‘‘gutting’’ defense. tect our men and women in uniform, to give Correspondingly, the recent tests of a pos- The fact is that if the defense budget had them the tools they need to deter our en- sible nuclear device and ballistic missiles by been even higher, my recommendations to emies, and to win our wars today and tomor- North Korea brought scrutiny to the changes the president with respect to troubled pro- row. We stand by this reform budget, and we in this budget that relate to missile defense. grams would have been the same—for all the are prepared to fight for it. The risk to national security has again been reasons I described earlier. There is a more A final thought. I arrived in Washington 43 invoked, mainly because the total missile fundamental point: If the Department of De- years ago this summer. Of all people, I am defense budget was reduced from last year. fense can’t figure out a way to defend the well aware of the realities of Washington and In fact, where the threat is real or grow- United States on a budget of more than half know that things do not change overnight. ing—from rogue states or from short-to-me- a trillion dollars a year, then our problems After all, the influence of politics and paro- dium range missiles that can hit our de- are much bigger than anything that can be chial interests in defense matters is as old as ployed troops or our allies and friends—this cured by buying a few more ships and planes. the Republic itself. Henry Knox, the first budget sustains or increases funding. Most of What is important is to have a budget secretary of war, was charged with building the cuts in this area come from two pro- baseline with a steady, sustainable, and pre- the first American fleet. To get the support grams that are designed to shoot down dictable rate of growth that avoids extreme of Congress, Knox eventually ended up with enemy missiles immediately after launch. peaks and valleys that are enormously harm- six frigates being built in six different ship- This was a great idea, but the aspiration was ful to sound budgeting. From the very first yards in six different states. overwhelmed by the escalating costs, oper- defense budget I submitted for President But the stakes today are very high—with ational problems, and technological chal- Bush in January 2007, I have warned against the nation at war, and a security landscape lenges. doing what America has done multiple times steadily growing more dangerous and unpre- Consider the example of one of those pro- over the last 90 years by slashing defense dictable. I am deeply concerned about the grams—the Airborne Laser. This was sup- spending after a major conflict. The war in long-term challenges facing our defense es- posed to put high-powered lasers on a fleet of Iraq is winding down, and one day so too will tablishment—and just as concerned that the 747s. After more than a decade of research the conflict in Afghanistan. When that day political state of play does not reflect the re- and development, we have yet to achieve a comes, the nation will again face pressure to ality that major reforms are needed, or that laser with enough power to knock down a cut back on defense spending, as we always tough choices and real discipline are nec- missile in boost phase more than 50 miles have. It is simply the nature of the beast. essary. from the launch pad—thus requiring these And the higher our base budget is now, the We stand at a crossroads. We simply can- huge planes to loiter deep in enemy air space harder it will be to sustain these necessary not risk continuing down the same path— to have a feasible chance at a direct hit. programs, and the more drastic and dan- where our spending and program priorities Moreover, the 10 to 20 aircraft needed would gerous the drop-off will be later. are increasingly divorced from the very real cost about $1.5 billion each plus tens of mil- So where do we go from here? Authoriza- threats of today and the growing ones of to- lions of dollars each year for maintenance tion for more F–22s is in both versions of the morrow. These threats demand that all of

VerDate Nov 24 2008 00:27 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.012 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7740 CONGRESSIONAL RECORD — SENATE July 21, 2009 our nation’s leaders rise above the politics struggles we are in throughout the craft but the workforce to produce it is and parochialism that have too often world, especially two wars. So I urge at stake with this amendment. And I plagued considerations of our nation’s de- my colleagues to understand that sac- say that respectfully. But we have this fense—from industry to interest groups, rifices will be made. Jobs will be lost. gap in production, which we have been from the Pentagon to Foggy Bottom, from one end of Pennsylvania Avenue to the It will cause disruption in some com- warned about now by the Pentagon— other. The time has come to draw a line and munities. But our first obligation is not by the industry itself, by the Pen- take a stand against the business-as-usual the defense of this Nation and the use tagon, by the very Commission this approach to national defense. We must all of scarce defense dollars in the most ef- Congress authorized to determine what fulfill our obligation to the American people fective fashion. our capacities were and the industrial to ensure that our country remains safe and I urge my colleagues to vote in favor capacity in aerospace. We are defying strong. Just as our men and worn in uniform of this amendment. both reports and both recommenda- are doing their duty to this end, we in Wash- Madam President, I yield the floor. tions by canceling this program at this ington must now do ours. Mr. DODD. Madam President, I have number and placing at risk the future Mr. MCCAIN. Madam President, I am 2 minutes; is that correct? generation of superior aircraft that we a student of history, and there is one The PRESIDING OFFICER. Correct. need in the 21st century. particular President whom I have The Senator from Connecticut. So again, Madam President, I urge grown, along with historians, to appre- Mr. DODD. Madam President, first of my colleagues, respectfully, to reject ciate more and more for his two terms all, let me begin where I did a few mo- this amendment. There is a com- as President of the United States; that ments ago; that is, with my great re- promise, in my view, available to end is, Dwight David Eisenhower. We were spect for CARL LEVIN and JOHN MCCAIN up with a number far less than the at peace during President Eisenhower’s and for their work in this area. originally projected numbers. But to term, and many believe that perhaps Let me begin with a point my friend cancel the program prematurely and the war in Vietnam might have been from Arizona has made. There is noth- create the gap in our production capa- avoided if we had heeded his wise coun- ing more important than the national bilities is a great danger for our Na- sel. There are many things President security of our Nation. It is that very tion, not to mention these jobs which Eisenhower did to contribute to this argument which brings those of us on are critically important to our Nation Nation both in war and in peace. this side of the table in support of this and its future. On several occasions, I have reread program and in opposition to this For those reasons, I urge the rejec- his farewell speech of January 17, 1961. amendment. tion of the amendment. In his speech, President Eisenhower This program is a critically impor- The PRESIDING OFFICER. The Sen- said: tant program to maintain superiority— ator from Michigan. In the councils of government, we must not parity but superiority—which has Mr. LEVIN. Madam President, how guard against the acquisition of unwarranted always been our goal in protecting our much time remains? influence, whether sought or unsought, by national security interests. It was the The PRESIDING OFFICER. Five the military-industrial complex. The poten- very Pentagon itself which advocated tial for the disastrous rise of misplaced minutes 45 seconds. power exists and will persist. We must never we move forward with this program Mr. LEVIN. Madam President, I yield let the weight of this combination endanger only 36 months ago. Obviously, people 2 minutes to the Senator from Dela- our liberties or democratic processes. We can change their minds. But over the ware. should take nothing for granted. Only an months, when they were preparing for The PRESIDING OFFICER. The Sen- alert and knowledgeable citizenry can com- the needs of our Nation, it was the ator from Delaware. pel the proper meshing of the huge industrial Commission on the Future of Aero- Mr. CARPER. Madam President, I and military machinery of defense with our space, authorized by this Congress, commend the leaders of the committee. peaceful methods and goals, so that security which concluded the following. They I also commend Senator CHAMBLISS and and liberty may prosper together. said that ‘‘the Nation immediately re- Senator DODD for their Herculean ef- He also said: verse the decline in and promote the forts here to try to stave off the clo- To meet it successfully, there is called for, growth of a scientifically and techno- sure of the line. I try to put myself in not so much the emotional and transitory sacrifices of crisis, but rather those which logically trained U.S. aerospace work- the shoes of others when I take a posi- enable us to carry forward steadily, surely, force,’’ adding that ‘‘the breakdown of tion on an issue. What I say comes and without complaint the burdens of a pro- America’s intellectual and industrial from the heart and not because of a longed and complex struggle with liberty at capacity is a threat to national secu- lack of respect for the efforts they have stake. rity and our capability to continue as a shown in support of their constituents. I would only add to President Eisen- world leader.’’ We have just come out of 8 years hower’s farewell address to the Na- It was the Pentagon, only 36 months where we have seen our national debt tion—which is compelling in many ago in their Quadrennial Review, that double. We have incurred as much new ways—that the words should be said the following—and they said in debt for our country over the last 8 changed from ‘‘military-industrial this report—that: The F–22 production years as we did in the previous 208 complex’’ to ‘‘military-industrial-con- should be extended through fiscal year years. We are looking, this year, at a 1- gressional complex.’’ 2010 with a multiyear acquisition con- year deficit higher than any in the his- What we are seeing here, with the ad- tract to ensure the Department does tory of our country. It is believed to be vice and counsel of our President, of not have a gap in fifth-generation well over $1 trillion. our Secretary of Defense, of our uni- stealth capabilities. If you go back to 2001 and look at the formed military, with rare exception, There are reports that the F–35 could cost overruns for major weapons sys- is a recommendation that we stop with be delayed an additional 11 months— tems, in 2001 it was about $45 billion. this aircraft and build another—not what we have already heard about. Last year, that number had grown to that we stop building fighter aircraft That creates a gap of 5 years that we almost $300 billion. We say to our folks for our inventory, not that we stop de- are talking about. The danger of losing who are running the Pentagon, the De- fending this Nation with weapons sys- not just any jobs, anywhere from 25,000 partment of Defense: Tell us which tems we need. We are even defending a to 90,000 aerospace workers is not insig- weapons systems you need and those weapons system’s continued production nificant. you do not. And Secretary Gates has that has never flown in the two wars in Four days ago, we were warned there said very clearly, as Gordon England which we are engaged. has been in excess of a 15-percent de- did as well, his deputy, and the last So I urge my colleagues to under- cline in our industrial capacity in the President and this President: We do stand the impact of this amendment. If aerospace industry. This will hit us not need more F–22s. We have F–15s. we are able to succeed, it is going to even further. The ability to have a We have F–16s. We have F–18s. Before send a signal that we are stopping busi- workforce capable of building these too many more years, we will have ness as usual, and we must move for- aircraft we need in the 21st century is about 2,500 F–35s. ward providing the men and women at risk. That is why the issue not only My hope is we will be smart enough— with the necessary means to win the of the technical capability of the air- if people are displaced, if the F–22 is

VerDate Nov 24 2008 00:27 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.015 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7741 not continued in production—my hope Madam President, I don’t know if Mr. KYL. Mr. President, I will make is we will be smart enough, since Lock- there is any more time. If there is, I some brief remarks here, and at the heed has a role in building the F–35, yield back the remainder of my time, conclusion we will determine whether some of the folks—hands that can build and I ask for the yeas and nays. there is an agreement on the other side an F–22 can certainly help build F–35s. The PRESIDING OFFICER. Is there a so I can go ahead and lay down an I would hope that would be the case. sufficient second? amendment. But first I want to discuss The last thing I would ask everyone There appears to be. what that amendment will be. It is to keep in mind—as an old naval flight The question is on agreeing to amendment No. 1628, and in a moment officer, I used to think about and I still amendment No. 1469. I will seek to offer it and get it pend- think about how much it costs to fly The clerk will call the roll. ing. It is an amendment I introduced an aircraft for an hour. It is anywhere The bill clerk called the roll. with Senator LIEBERMAN, Senator from $20,000 to $40,000 for the F–22. It is Mr. DURBIN. I announce that the BAYH, and Senator MCCAIN. just too much money. Senator from Massachusetts (Mr. KEN- Like other Members of this body, we Thanks very much. NEDY) and the Senator from Maryland have watched recent events unfold in The PRESIDING OFFICER. The Sen- (Ms. MIKULSKI) are necessarily absent. Iran with great concern. This year ator’s time has expired. The PRESIDING OFFICER. Are there began with talk of warming ties and The Senator from Michigan. any other Senators in the Chamber de- potentially reestablishing contact with Mr. LEVIN. Madam President, in siring to vote? Iran; that we would no longer be afraid terms of the alleged gap, there is no The result was announced—yeas 58, to talk to Iran and perhaps to even gap. The QDR said we should be build- nays 40, as follows: reach some kinds of agreements. In re- ing fighters, F–22 production, into fis- [Rollcall Vote No. 235 Leg.] cent months, however, the Iranian re- cal year 2010. As a matter of fact, what YEAS—58 gime has continued its support of ter- we are now doing is exceeding that pro- Alexander Gillibrand Merkley rorism, its illegal nuclear weapons production with F–35s. We have 30 F–35s in Barrasso Graham Nelson (NE) gram in defiance of its NPT obliga- this fiscal year 2010 budget. There is no Bayh Gregg Nelson (FL) tions, and its engagement in violent Bennet Hagan Pryor and deadly repression of its own citi- gap in fighter production. Bond Harkin Reed As to whether the F–35 is a capable Brown Johnson Reid zens. fighter, let me just read from what Burris Kaufman Rockefeller While the administration has made Cardin Kerry Sanders clear its intention to continue to pur- Secretary Gates says: Carper Klobuchar Schumer The F–35 is 10 to 15 years newer than the Casey Kohl sue high-level talks with Iran, an over- Shelby F–22, carries a much larger suite of weapons, Coburn Kyl ture which the regime has not seen fit Conrad Landrieu Specter and is superior in a number of areas—most Stabenow to even respond, the President has indi- importantly, air-to-ground missions such as Corker Lautenberg cated that the window for Iran to nego- DeMint Leahy Udall (CO) destroying sophisticated enemy air defenses. Dorgan Levin Voinovich tiate and demonstrate progress toward It is a versatile aircraft, less than half the Durbin Lincoln Warner complying with its international obli- total cost of the F–22. . . . Ensign Lugar Webb gations is not open indefinitely. The F–22 is costing an awful lot more Enzi McCain Whitehouse Feingold McCaskill Wyden I think President Obama was correct than has been represented here because Franken Menendez when he said: they are asking now, if this amend- Iran obtaining a nuclear weapon would not NAYS—40 ment is defeated, that we would be only be a threat to Israel and a threat to the spending $1.75 billion for seven F–22s, Akaka Cornyn Murkowski United States, but would be profoundly de- Baucus Crapo Murray stabilizing in the international community which is approximately $250 million a Begich Dodd Risch as a whole and could set off a nuclear arms copy for the ones the opponents of this Bennett Feinstein Roberts race in the Middle East that would be ex- amendment want to build this year. Bingaman Grassley Sessions Boxer Hatch Shaheen traordinarily dangerous for all concerned, in- The President of the United States, Brownback Hutchison cluding for Iran. the last President of the United States, Snowe Bunning Inhofe Tester In May, the President indicated that Burr Inouye the previous one; two Secretaries of Thune Byrd Isakson Iran would have until December to Defense, this one and the previous one; Udall (NM) Cantwell Johanns show meaningful improvement. More two Chairmen of the Joint Chiefs of Vitter Chambliss Lieberman recently, French President Nicolas Staff, and the Secretary of the Air Cochran Martinez Wicker Sarkozy said on behalf of the G8 na- Force and the Chief of Staff of the Air Collins McConnell tions that they will give Iran until Force say it is time to end production NOT VOTING—2 September 2009 to agree to negotia- of the F–22 to move into greater pro- Kennedy Mikulski tions with respect to its nuclear activi- duction of the F–35 which will serve The amendment (No. 1469) was agreed ties or face tougher sanctions. three services, not just one. If not now, to. If negotiations do not prove fruitful, when? If not now, when? When will we Mr. LEVIN. Madam President, I the United States must be ready to act end production of a weapons system, if move to reconsider the vote. quickly to increase pressure on Iran to not now, when we have both President Mr. DURBIN. I move to lay that mo- end its support for terrorist groups and Obama and President Bush trying to tion on the table. its illegal nuclear program. end it, Secretaries of Defense trying to The motion to lay on the table was The Kyl-Lieberman amendment ex- end it, Chairmen of the Joint Chiefs agreed to. presses the sense of the Senate that the trying to end the production of the F– f President should sanction the Iranian 22? We must now do what is sensible, Central Bank if, by December, Iran has that which is requested by Secretary RECESS not verifiably halted its uranium en- Gates, not because he is saluting the The PRESIDING OFFICER. Under richment activities, as well as come Commander in Chief, as has been sug- the previous order, the Senate stands into full compliance with the Nuclear gested. He is not just saluting the Com- in recess until 2:15 p.m. Nonproliferation Treaty and the Addi- mander in Chief; he feels deep in his Thereupon, the Senate, at 12:39 p.m., tional Protocol. gut that we must change the way we do recessed until 2:15 p.m. and reassem- By sanctioning the Central Bank of Iran— business. We must finally bring some of bled when called to order by the Acting Bank Markazi—our Nation would send the these systems to an end. That is why President pro tempore. message that we will use all methods at our Secretary Gates so passionately be- f disposal to stop the spread of nuclear weap- lieves we must bring production of the ons and oppose sponsors of terror. F–22 to an end and move into greater NATIONAL DEFENSE AUTHORIZA- The case against the Iranian Central production of the F–35—more F–35s TION ACT FOR FISCAL YEAR Bank is strong. It is knee-deep in the produced in this budget than would be 2010—Continued regime’s illicit activities. Last year, produced of the F–22 if this amendment The ACTING PRESIDENT pro tem- Deputy Secretary of the Treasury Rob- is defeated. pore. The Senator from Arizona. ert Kimmit revealed that between 2001

VerDate Nov 24 2008 00:27 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.028 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7742 CONGRESSIONAL RECORD — SENATE July 21, 2009 and 2006 the bank had moved $50 mil- has continued. And, of course, over the House of Representatives passed such lion from banks in London to past month we and the rest of the legislation that urged immediate sanc- Hezbollah front organizations in Bei- world have watched with horror as the tions. rut. Hezbollah, of course, is a terrorist Iranian regime has engaged in a brutal More recently, the legislation that organization. crackdown against its own people, who Senators BAYH, KYL, and I introduced It also processes transactions for Ira- have sought no more than basic human this spring—the Iran Refined Petro- nian banks that already face U.S. sanc- rights. leum Sanctions Act, S. 908—in addition tions. The Central Bank of Iran is in- President Obama, together with our to the other steps it takes—also ex- strumental in helping Iranian banks— international allies, has been very presses the sense of the Senate that the the very ones this body voted over- clear that we will not wait indefinitely President should impose sanctions whelmingly to sanction in 2007—to for the Iranians to respond to our offer against the Central Bank of Iran. avoid sanctions. In March 2008, the Fi- of talks, nor will we enter into negotia- I am very grateful to report that S. nancial Crimes Enforcement Network tions—if that is the willingness of the 908, the Iran Refined Petroleum Sanc- of the Department of the Treasury Iranians—that go on without end. Two tions Act, now has 67 Members of the warned financial institutions about the weeks ago, at the annual G8 summit in Senate, a strong bipartisan group of 67, illicit behavior of the Central Bank of Italy, the President joined with other or two-thirds, as cosponsors of that Iran. Here is what the advisory said: world leaders to make clear to the Ira- legislation. These cosponsors range all The Central Bank of Iran and Iranian com- nians that they have until the G20 across the ideological spectrum of mercial banks have requested that their summit in Pittsburgh, at the end of Members of the Senate, and clearly names be removed from global transactions September, to return to the negoti- make the point to Iran and to the rest in order to make it more difficult for inter- ating table or face the consequences. of the world that whatever other dif- mediary financial institutions to determine The amendment Senators KYL, BAYH, ferences we have, we stand together the true parties in the transaction. They MCCAIN, and I have put forward would here as a strong majority and beyond have also continued to provide financial services to Iranian entities designated by the place the full weight of the U.S. Senate the Senate in our concern about the U.N. Security Council in its Resolutions 1737 behind the time frame that the Presi- nuclear proliferation and terror-spon- and 1747. The U.S. Department of Treasury is dent and the G8 have articulated. Our soring activities of the Iranian Govern- particularly concerned that the Central amendment expresses our strong hope ment. Bank of Iran may be facilitating trans- that Iran seizes this historic oppor- You might say, if you are one of the actions for sanctioned Iranian banks. tunity for direct dialogue. 67 cosponsors of S. 908—which does Under U.S. law, institutions that aid We also make clear that if the Ira- more than this amendment does but in- entities covered by financial sanctions nians have failed to engage with us dip- cludes it—you have already spoken in are liable to penalties. The Central lomatically by the time of that G20 favor of this amendment. Bank’s activities clearly warrant such summit 2 months from now, it is our This amendment, I want to point out action, and sanctioning the bank would preference that multilateral sanctions and make clear, in no way ties the increase the effectiveness of existing be imposed through the United Nations President’s hand in his diplomacy with measures. I urge my colleagues to sup- Security Council. However, the Iranian Iran. That is not our intent. The port our amendment at such time as Government—the regime that controls amendment is about empowering the we are able to get a vote on it. the people of Iran—must also under- President, giving him additional lever- The ACTING PRESIDENT pro tem- stand that the United States is itself age in his diplomacy, by endorsing the pore. The Senator from Connecticut. prepared to put in place what Sec- same timetable that came out of the Mr. LIEBERMAN. Mr. President, I retary of State Clinton a while ago re- G8 summit a short while ago. The ef- thank the Chair and I thank my friend ferred to as crippling sanctions in the fect is this, and I will repeat: The Ira- from Arizona, Senator KYL, for his event that they in Tehran continue to nians must appreciate that there will very strong statement. I rise to speak flaunt the will of the international be consequences if they fail to respond in support of this bipartisan amend- community. to the international community’s dip- ment which I have cosponsored along Specifically, our amendment asks lomatic initiatives; in other words, if with Senator KYL, Senator BAYH, and the President to impose sanctions on they continue to speed their nuclear Senator MCCAIN. the Central Bank of Iran and other program forward. As you know, President Obama has banks involved in proliferation and ter- I think this amendment will send an made a historic offer to Iran’s leaders, rorist activities, in the event that the unmistakable message to the fanatical inviting them to engage in direct diplo- Iranians haven’t entered into negotia- regime in Tehran, in support of the G8, macy to resolve the outstanding dif- tions that are serious by the time of in support of President Obama: Either ferences between our two countries. As the Pittsburgh summit or if they you can engage with the United States the President has repeatedly said, the haven’t suspended enrichment and re- and the world community and take door is open for the Iranians to come in processing activities within 60 days of steps to suspend your nuclear activi- out of the cold, if they choose to do so. that summit. ties or you can continue on your cur- It is by suspending their illicit nuclear The Central Bank of Iran is the fi- rent course, in which case you will face activities and ending their support for nancial lifeline of that regime. It is an the crippling sanctions this sense-of- terrorism that the Iranians have a entity that our own Treasury Depart- the-Senate resolution calls for. clear path to ending their interment says has engaged in deceptive fi- I thank the Chair, and I yield the national isolation and taking their nancial practices and facilitated the ef- floor. rightful place in the community of na- forts of other Iranian banks that are The ACTING PRESIDENT pro tem- tions. involved in bankrolling proliferation pore. The Senator from Arizona. Unfortunately, as Senator KYL said, and terrorist activities to avoid inter- Mr. MCCAIN. Mr. President, before it has now been more than 31⁄2 months national sanctions, and that have my colleague Senator LIEBERMAN since the formal offer of engagement themselves been sanctioned by the U.N. leaves the floor, I wish to thank him was made by President Obama, and and our Treasury Department as a re- for this amendment. We are working there has been no reply from the Ira- sult. right now to see if we can get the nians. Meanwhile, Iran’s illicit nuclear I will say this. The idea of imposing amendment pending and possibly a activities have continued to speed for- sanctions on the Iranian Central Bank voice vote, because it is clear it is a ward, in violation of multiple U.N. Se- is not new. It has already been en- very important amendment and one curity Council resolutions. Thousands dorsed by a bipartisan majority in this where I think we need to express very of additional centrifuges are being in- Chamber. Last year, the Senate Bank- strongly the sense of the Senate, given stalled, and more and more fissile ma- ing Committee, under Chairman DODD, the situation as it exists in Iran. terial is being stockpiled. adopted bipartisan legislation by a I wish to thank Senator LIEBERMAN, At the same time, Iran’s support for vote of 19 to 2 to urge the President to and right now it is my understanding terrorist proxies in Iraq, in Lebanon, immediately impose sanctions against that your side is checking to see if it is and in the Palestinian Authority areas the Central Bank. Also last year, the an agreeable amendment. Hopefully,

VerDate Nov 24 2008 00:27 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.031 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7743 we will get that decision and move for- At the G–8 summit 2 weeks ago, the HEALTH CARE REFORM ward with it right away on a voice assembled leaders agreed that the Ira- Ms. STABENOW. Mr. President, I vote, if that is agreeable to the Senator nians do not have forever, and that want to speak for a moment on health from Connecticut. they should return to the negotiating care. We are hearing a lot, as we hear The ACTING PRESIDENT pro tem- table by the time of the G–20 summit from colleagues, many colleagues—not pore. The Senator from Connecticut. in September. This amendment puts every one but many colleagues on the Mr. LIEBERMAN. I thank my friend the Senate on record behind that time- other side of the aisle—about the need from Arizona. I am encouraged by that. frame, irrespective of any Senator’s in- to be against health care reform, to be And in talking to the other cosponsors, dividual view about the likelihood of a ‘‘no.’’ we would be happy to have a voice agreement soon. We all know that saying no to health vote. It would send a message. Make no mistake: we must not wait care reform means we are going to The ACTING PRESIDENT pro tem- interminably. According to the IAEA’s have the status quo. ‘‘No’’ equals the pore. The Senator from Arizona. latest report, Iran has increased its status quo. For too many families, too Mr. MCCAIN. Mr. President, the stockpile of low enriched uranium by many businesses all across this coun- amendment is straightforward and ex- some 60 percent in the previous 6 try, that is absolutely not acceptable. presses the sense of the Senate that months, and has brought the number of The status quo works, it is good—for there should be a date certain—and active centrifuges above 7,000. The special interests making profits off the soon—by which Iran is required to end IAEA also reported that Iran denied in- current system. But it is bad for Amer- its nuclear program or face severe spectors access to the Arak heavy ican families, American small busi- sanctions. The amendment expresses water reactor. As the threats—includ- nesses, American manufacturers that that if the Iranian regime has not ac- ing to the State of Israel—continue. are trying to pay the bills and trying cepted the offer of the United States of As the Secretary of State has re- to make sure health care is available direct diplomatic talks by the time of cently articulated, should Iran con- for the employees. the G20 summit in late September or if tinue to defy the international commu- We need change. We are here because it has not suspended all of its nuclear nity, it must face severe sanctions. the system, with all of its good parts— enrichment and reprocessing activities Should the regime not take up the his- and there are many strengths in the within 60 days after the summit, and if toric offer extended to it, this resolu- American system—is also broken in the U.N. Security Council does not tion advocates sanctions on the Iranian too many cases for people. We want to adopt new and significant and mean- Central Bank, the country’s major con- build on what works and what is great ingful sanctions on the regime, the nection to the international financial and we want to fix what is broken. President should sanction the Central system. The U.S. Treasury Department Right now our current health care Bank of Iran. has stated that the central bank has system is bankrupting too many fami- The situation with respect to Iran is engaged in deceptive financial prac- lies. We know over 60 percent of bank- nearing the crisis point, if it is not tices and facilitated the movement of ruptcies are linked to medical ex- there already. We have all watched the funds to those involved in proliferation penses, and 75 percent of families who brutal crackdown in the streets of and terrorist activities. This must end, file bankruptcy actually have health Tehran and elsewhere as the Iranian and in fact 67 Senators have cospon- insurance. Those with insurance, on regime imposed the results of a fraudu- sored legislation—the Iran Refined Pe- average, are putting out medical ex- lent election. We have been astonished troleum Sanctions Act—that urges the penses of over $18,000 when they file— by the courage and resolve of those Ira- President to sanction the central bank. even though they have an insurance nian citizens who have protested for By adopting this resolution, we will policy. their own inalienable rights in the face send an unmistakable message to the There are many families—we are not of repression. And we have known that, government of Iran that its actions are only talking about those who do not while these dramatic events have unacceptable and will result in real and have health insurance, but those who played themselves out, the Iranian re- severe consequences if continued. The do who find themselves in very dif- gime has continued its enrichment of administration has offered to talk; the ficult situations. uranium, growing ever closer to the ball is in the Iranian court, and if that I am constantly amazed when I hear day on which it has a nuclear weapons regime continues down its destructive the argument about: We can’t do any capability. path, we have no choice but to impose kind of reform because reform means The Iranian regime has gotten away crippling sanctions for its continued putting a bureaucrat between your doc- with too much for too long. Its illicit defiance. tor and yourself. You and your doctor nuclear activities, combined with its I urge my colleagues to support this can’t make decisions about what you development of unconventional weap- amendment. need for your health care. ons and ballistic missiles, support for Let me point out again, this amend- Do you know who stands between you Hezbollah and other terrorist groups, ment is a sense-of-the-Senate amend- and your doctor right now? An insur- and its repeated threats against Israel ment, an important sense of the Senate ance company, an insurance company and the United States, represent a real but certainly one that allows the ad- bureaucrat. Your doctors can’t just and growing threat to the security of ministration the latitude it needs in its give you whatever tests they wish. You the United States and the Middle East. handling of its relations with Iran. are not able to get whatever care you It is in the interest of the United I yield the floor. need for your family. The first call States, and the world’s other great Ms. STABENOW. Mr. President, I they make is to the insurance com- powers, to achieve an end to the Ira- would first ask to speak as in morning pany, and it decides. nian nuclear program. business. Reform is about putting health care The administration has held out an The ACTING PRESIDENT pro tem- decisions back in the hands of doctors ‘‘open hand,’’ making clear that it in- pore. Without objection, it is so or- and patients and being able to create a tends to open direct talks with Iran. dered. system that actually works for people. Yet 31⁄2 months since the President’s Ms. STABENOW. Mr. President, I That is what it is all about. formal offer, the Iranian government want to recognize that tremendously I set up online the Health Care Peo- has made no response, nor has it sus- hard work both the chair of the Armed ple’s Lobby for those I represent in the pended its enrichment activities, as re- Services Committee and ranking mem- State of Michigan so they could share quired by U.N. Security Council resolu- ber are doing. We are very proud of the their stories. We have a lot of folks lin- tions. Time is not on the side of those chairman, coming from Michigan, and ing the halls who represent all kinds of pushing the Iranians to cease these of all of his excellent work in standing interests, all kinds of special interests, dangerous actions. Administration offi- up for the troops. This bill is another and they tell us what they think cials and others, including the French example of that. should be happening or not happening. President, have stated that they will I would like to congratulate him and But in Michigan we have set up the not wait interminably while the Ira- the Senator from Arizona for working Health Care People’s Lobby so people nian nuclear program proceeds. together on this very important bill. can share their stories about the real

VerDate Nov 24 2008 00:27 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.032 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7744 CONGRESSIONAL RECORD — SENATE July 21, 2009 world operating under the current sys- insurance, as I indicated before, are condition, employer spending on health tem. feeling the pain of the current system. care will rise 72 percent. The result If the system worked today, there Every day in America families are would likely be far fewer Americans would be no reason for us to be here. forced to choose a different doctor be- being able to be offered insurance or We would be working on something cause their health care plan was accepting employer-sponsored insur- else. But the fact is, we are spending changed, because their employer can ance. Estimates suggest a drop of 56 twice as much on health care as any no longer afford the old plan they had. percent of Americans who are now cov- other country and have 47 million peo- Skyrocketing health care costs make ered by their employers, dropping from ple at any one time who do not have American businesses less competitive 56 to 49 percent in 10 years. health insurance. Those two numbers in the global economy. It costs us jobs, So there are many numbers. There don’t add up. and I can speak directly to that coming are numbers that relate to the public On top of that, people who are cur- from the great State of Michigan. programs of Medicaid and children’s rently covered are battling every day Every day in America, families see health insurance and the increased cost to try to get what they thought they their health care plan benefits eroding there as well and what will happen if were paying for or to make sure their because they cannot keep up with high we do nothing. The amount of uncom- family is covered or that test or proce- premiums, copays, and deductibles. pensated care in the health care sys- dure or medicine can be covered. Every day in America, people decide to tem will increase, and the worst-case One constituent of mine in Michigan, skip a doctor visit and the medication scenario: the total of uncompensated Sandra Marczewski from Waterford, and treatment they know they need be- care could double. MI, wrote to me that she and her hus- cause they cannot afford the pay- By the way, when we say ‘‘uncompen- band have been without insurance for 7 ment—in the greatest country in the sated care,’’ that does not mean some- months now. She writes: world—because the expense is too high. body is not paying for it. That is why You have no idea the fear I walk around Year after year, as health care costs in- our premiums, if you have insurance, with every day. crease, American families are losing go up so much. It means someone can’t afford to see a doctor, can’t take their That is too many people in Michigan, the very parts of their health care they children to the doctor, so they don’t over a million people in Michigan, value most: their choice of doctor, hos- get the tests on the front end that they without insurance altogether, and mil- pital, and insurance plans; their choice need or they don’t see a doctor. They lions more who are fearful every day if of treatments; the security and sta- wait until they are really sick, and they lose their job, their health care bility that comes from knowing they then they go to the emergency room. goes with it, for themselves and their are covered if anything goes wrong. They are served, as they should be, and families. People every night are put- That is what we are about fixing. That it is the most expensive venue in which ting the kids to bed and worrying is what we will fix as we do health care to do ongoing care for people. But they about whether someone is going to get reform. are served, and then guess what hap- sick, saying a prayer: Please, God, Recently, Families USA found that pens. Everyone who has insurance sees don’t let the kids get sick. Don’t let me the average costs of family coverage in their rates go up to pay for it. get sick. I have to be able to go to the workplace rose 78 percent in 7 That is what it means when we say work so I can make sure we still have years—78 percent. During those years, that covering the uninsured will lower our health care. health insurance company profits costs as we go out. I mean it will take There are a lot of people, as I men- ballooned 428 percent. At the same time to do this, but over time what we tioned before, who make a lot of money time, wages went up about 15 percent. are doing is working to change the way off of the status quo, off of the current So wages go up 15 percent, health in- we pay for health care now because we system. It is no surprise they don’t surance profits go up 428 percent, and pay for it in the most expensive way, want to change it. All the ads we see, premiums just keep rising for busi- by ignoring the problem, not focusing all the things going on, all the scare nesses and individuals. on health and wellness and primary tactics that are going on—and there The fact is, we cannot wait to get care but waiting until people are in the are plenty of scare tactics going on started on reform. The status quo is worst possible situation: they go to the right now—all of that is about trying not acceptable and ‘‘no’’ equals the sta- emergency room, they get care when to scare people and raise red flags. It is tus quo. So we are here working with they are sicker than they otherwise easy just to be no, no, no. We certainly colleagues to get it done. Doing noth- would be if they could see a doctor. hear that around here all the time, ing is not acceptable. And then we pay for it. That is what we people who are just saying no to any Recently, the nonpartisan Robert want to change and will change under kind of progress or change or making Wood Johnson Foundation released a health care reform. things better for people. report that projects if Federal reform So this is about many facets. We The reality is, the status quo for a efforts are not enacted within 10 years, know we have a system in America lot of folks means more profit, and the cost of health care for businesses that works for many; they are blessed. that is underlying a lot of the motiva- could double and the number of unin- We are blessed to have health insur- tion of what is going on right now. Our sured could rise to over 65 million peo- ance. For the many who have insur- job is to make sure the American people with middle-class families being hit ance, it allows them to cover their ple can afford health care and have the the hardest. The report shows if health family needs. The system works well. care they need for their families. For care reform is not enacted, individuals But for many others it does not. And too many families, the status quo and families would see health care the reality is, we all pay for a system means insecurity, expenses, and fear costs dramatically increased. that does not work effectively for ev- that come along with not knowing Total individual and family spending eryone. We all end up paying because whether they are going to be able to af- on premiums and out-of-pocket costs the reality is, you can say: Well, I am ford the health care they have from could increase 68 percent in the next 10 not going to buy a car, I do not need month to month and whether they will, years. I cannot imagine 68 percent out- car insurance; I am not going to buy a in fact, even have health care. of-pocket costs. That is if we do noth- house, I do not need house insurance, We are here because when it comes to ing, if we listen to those just saying no. but sooner or later, you are going to health care, American families and Even under the best-case scenario, get sick, and just because you don’t businesses are in a serious crisis, and health care costs would likely increase, have health insurance does not mean they are asking us for action. The sta- according to this report, at least 46 there is not going to be a cost for your- tus quo is not good enough anymore. It percent. And I can tell you absolutely self and your family. is not working. It is going to bankrupt wages are not going to go up 46 per- We are a great country. We can do families, businesses, and the country. cent. Businesses could see their health better than what we are doing today. High health care costs are causing cuts care costs doubled within 10 years. The We have to do better. We are working in benefits, increases in premiums, report found that employer spending hard to have a bipartisan effort that adding to the ranks of the uninsured at on premiums would more than double, will move reform forward in this coun- alarming rates. Even those who have and even in the best-case economic try, to make a real difference to

VerDate Nov 24 2008 00:27 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.034 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7745 change the system so it works for ev- ing system, has engaged in deceptive finan- HEALTH CARE REFORM eryone and begins to lower the cost cial practices and facilitated such practices Mr. ALEXANDER. Mr. President, I over time of what is happening, the ex- among banks involved in proliferation ac- listened carefully to the Senator from plosion in health care costs in this tivities or support for terrorist groups, in- Michigan. Republicans and I believe cluding Bank Sepah and Bank Melli, in order most Democrats want health care re- country. to evade sanctions imposed by the United The option of saying no is not good States and the United Nations. form this year. The President said he enough. ‘‘No’’ equals the status quo. (7) On April 8, 2009, the United States for- wants health care reform this year. Re- We just cannot have that. The public mally extended an offer to engage in direct publicans want health care reform this gets it. It is time for us to get it as diplomacy with the Government of the Is- year. We want to make sure it is done well and move forward. I yield the lamic Republic of Iran through negotiations right. Let me put it this way: If we floor. with the five permanent members of the were in an operating room and a seri- The ACTING PRESIDENT pro tem- United States Security Council and Germany ously ill patient came in and we knew (commonly referred to as the ‘‘P5-plus-1 pore. The Senator from Arizona is rec- we had only one chance to save that process’’), in the hope of resolving all outpatient’s life and to make that patient ognized. standing disputes between the Islamic Re- AMENDMENT NO. 1628 public of Iran and the United States. healthy, our goal would not be to see if we could do it in the next week, it Mr. MCCAIN. Mr. President, I call up (8) The Government of the Islamic Repub- lic of Iran has yet to make a formal reply to would be to see if we could get it right. the Lieberman-Kyl amendment and ask So far, the proposals we have seen for its immediate consideration. It is the April 8, 2009, offer of direct diplomacy by the United States or to engage in direct di- coming out of the committees have not at the desk. plomacy with the United States through the gotten it right. One might say: Well, The ACTING PRESIDENT pro tem- P5-plus-1 process. that is a Republican view of Demo- pore. The clerk will report. (9) On July 8, 2009, President Nicolas cratic proposals. Perhaps it is. But the The assistant bill clerk read as fol- Sarkozy of France warned that the Group of proposals we have seen coming out of lows: Eight major powers will give the Islamic Re- the Senate HELP Committee and out public of Iran until September 2009 to accept The Senator from Arizona [Mr. MCCAIN], negotiations with respect to its nuclear ac- of the House of Representatives flunk for Mr. KYL, for himself, Mr. LIEBERMAN, Mr. tivities or face tougher sanctions. the most important test, which is cost. BAYH, and Mr. MCCAIN, proposes an amend- The most important test is whether ment numbered 1628. (b) SENSE OF THE SENATE.—It is the sense of the Senate that— Americans can afford their health care The amendment is as follows: (1) the Government of the Islamic Republic and, after we get through fixing it, (Purpose: To express the sense of the Senate of Iran should— whether they can afford their govern- on imposing sanctions with respect to the (A) seize the historic offer put forward by ment. According to virtually everyone Islamic Republic of Iran) President Barack Obama to engage in direct we have heard from, the legislation we diplomacy with the United States; At the end of subtitle C of title XII, add have seen simply does not meet that the following: (B) suspend all enrichment-related and reprocessing activities, including research and test. SEC. 1232. SENSE OF THE SENATE ON IMPOSING In my opinion, what we should do in- SANCTIONS WITH RESPECT TO THE development, and work on all heavy-water ISLAMIC REPUBLIC OF IRAN. related projects, including the construction stead is start with the framework of (a) FINDINGS.—The Senate makes the fol- of a research reactor moderated by heavy the bill sponsored by Democratic Sen- lowing findings: water, as demanded by multiple resolutions ator WYDEN and Republican Senator (1) The illicit nuclear activities of the Gov- of the United Nations Security Council; and BENNETT which has 14 cosponsors—8 ernment of the Islamic Republic of Iran, (C) come into full compliance with the Nu- Democrats, 6 Republicans. This is a dif- combined with its development of unconven- clear Non-Proliferation Treaty, including ferent sort of framework that offers tional weapons and ballistic missiles and the additional protocol to the Treaty; and virtually every American coverage, support for international terrorism, rep- (2) the President should impose sanctions on the Central Bank of Iran and any other does so without any Washington take- resent a grave threat to the security of the over or government-run programs United States and United States allies in Eu- Iranian bank engaged in proliferation activi- rope, the Middle East, and around the world. ties or support for terrorist groups, as well without raising the debt one penny, ac- (2) The United States and other responsible as any other sanctions the President deter- cording to the Congressional Budget countries have a vital interest in working to- mines appropriate, if— Office. Remember, I said that is a gether to prevent the Government of the Is- (A) the Government of the Islamic Repub- framework. I do not agree with every lamic Republic of Iran from acquiring a nu- lic of Iran— single part of that bill, although I am clear weapons capability. (i) has not accepted the offer by the United a cosponsor, but it may be a much bet- States to engage in direct diplomacy (3) As President Barack Obama said, ‘‘Iran ter place to start than what we have obtaining a nuclear weapon would not only through the P5-plus-1 process before the Summit of the Group of 20 (G–20) in Pitts- seen so far. be a threat to Israel and a threat to the That is not just my opinion. Lately, United States, but would be profoundly de- burgh, Pennsylvania, in September 2009; or stabilizing in the international community (ii) has not suspended all enrichment-re- we have heard a lot about the Mayo as a whole and could set off a nuclear arms lated and reprocessing activities and work Clinic in Rochester, MN. President race in the Middle East that would be ex- on all heavy-water related projects within 60 Obama has talked a lot about the Mayo traordinarily dangerous for all concerned, in- days of the conclusion of that Summit; and Clinic. The point is, at the Mayo Clinic cluding for Iran.’’. (B) the United Nations Security Council and a few other clinics around the (4) The International Atomic Energy Agen- has failed to adopt significant and meaning- country, there have been significantly cy has repeatedly called attention to the il- ful additional sanctions on the Government of the Islamic Republic of Iran. better outcomes. In other words, if you licit nuclear activities of the Islamic Repub- go there and come out, you are more lic of Iran, and, as a result, the United Na- Mr. MCCAIN. The amendment is in likely to be well, and at a lower cost. tions Security Council has adopted a range the name of Senators KYL and And the question is, Why? of sanctions designed to encourage the Gov- LIEBERMAN. I am calling it up on their ernment of the Islamic Republic of Iran to The President has repeatedly pointed behalf. to the Mayo Clinic, Democratic Sen- cease those activities and comply with its The ACTING PRESIDENT pro tem- obligations under the Treaty on Non-Pro- ators point to the Mayo Clinic, and Re- liferation of Nuclear Weapons, done at Wash- pore. Is there further debate? If not, publican Senators point to the Mayo ington, London, and Moscow July 1, 1968, and the question is on agreeing to the Clinic. Here is what the Mayo Clinic entered into force March 5, 1970 (commonly amendment. had to say on Friday about the legisla- known as the ‘‘Nuclear Non-Proliferation The amendment (No. 1628) was agreed tion that is being considered in the Treaty’’). to. House of Representatives: (5) The Department of the Treasury has The ACTING PRESIDENT pro tem- Although there are some positives in the imposed sanctions on several Iranian banks, pore. The Senator from Tennessee. including Bank Melli, Bank Saderat, Bank current House Tri-committee bill, including Mr. ALEXANDER. I ask unanimous insurance for all and payment reform dem- Sepah, and Bank Mellat, for their involve- consent to speak as in morning busi- ment in proliferation activities or support onstration projects—the proposed legislation for terrorist groups. ness. misses the opportunity to help create higher (6) The Central Bank of Iran, the keystone The ACTING PRESIDENT pro tem- quality, more affordable health care for pa- of Iran’s financial system and its principal pore. Without objection, it is so or- tients. In fact, it will do the opposite. remaining lifeline to the international bank- dered. That is the Mayo Clinic talking.

VerDate Nov 24 2008 00:27 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.035 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7746 CONGRESSIONAL RECORD — SENATE July 21, 2009 In general, the proposals under discussion Americans who absolutely depend on next 10 years, three times as much as are not patient focused or results oriented. Medicare for their service because for we spent in World War II, and we are Lawmakers have failed to use a fundamental most of them, that is their only option. talking about legislation that would lever—a change in Medicare payment pol- If that is the case, what that means is add another $2 trillion. We haven’t icy—to help drive necessary improvements dealt with cost which is where we in American health care. Unless legislators they will not be able to go to the Mayo create payment systems that pay for good Clinic or to the MeritCare Health Sys- ought to start. Look at the 250 million patient results at reasonable costs, the tem or to the Iowa Clinic or to the doc- who have health care and ask the ques- promise of transformation in American tor they choose because that doctor tion: Can you afford it? Then after we health care will wither. The real losers will will not be a part of the Medicare sys- get through fixing it, can you afford be the citizens of the United States of Amer- tem because of low reimbursement. your government? And what the head ica. So that is the first objection these of the CBO is saying, as far as the gov- That is the Mayo Clinic talking clinics make to the bill they see com- ernment goes, the answer is no. about the bill we are beginning to see ing because the bill they see coming Then the Lewin Group, a well-rein the House of Representatives. proposes to create another govern- spected private agency, was asked what I think the prudent thing to do is to ment-run plan with government-set would happen if we had a government- try to make that bill better or start rates. run program which many of us believe over and certainly not try to pass a The second objection they have is ge- will lead to another Washington take- 1,000-page or 2,000-page bill in 1 week or ographic payment disparities. They say over. We are getting accustomed to 10 days without knowing what is in it, that we are a big country and there this, Washington takeovers of banks, of as we did with the stimulus bill earlier ought to be differences in the pay insurance companies, of student loans, this year. among different geographies. of car companies, now maybe of health That is not just the opinion of the Third, and maybe this is the most care. The Lewin Group said 88 million Mayo Clinic. Here is a letter to House important of all, that the President people will lose their private employer- Members on July 16, a few days ago, has said and many of us in the Senate sponsored insurance. How could that from a number of clinics, including the have said we need to change the way happen? It could happen because a Mayo Clinic. These are the Inter- we pay for medical care, and we ought small employer or a big employer mountain Healthcare, Gundersen Lu- to pay more for value, for quality, for would see one of these plans that is be- theran Health System, the Iowa Clinic, results, and less for volume—in plain ginning to come out take place. To be the Marshfield Clinic, the Rural Wis- English, not how many patients a doc- specific, the Senate HELP Committee consin Health Cooperative, ThedaCare, tor can see but how many of his or her plan says you either have to provide and Wisconsin Hospital Association. patients stay well or get well. everybody who works for you insurance I ask unanimous consent to have this We have talked about that for weeks or pay $750. There are a lot of employ- letter printed in the RECORD following here in our hearings. But what these ers who cannot afford to provide every- my remarks. respected voices in medicine are saying body the kind of insurance that is envi- The ACTING PRESIDENT pro tem- is that the legislation we see today— sioned. So they will say: OK, we will pore. Without objection, it is so or- and understand, this is not even in a pay the $750 fine to the government. dered. bill that has presented to us in the What happens? All those employees (See exhibit 1.) Senate yet in a way upon which we can lose their health insurance. Where do Mr. ALEXANDER. It goes on to say: act—does not meet the test for that. they go? Into the Government plan. On behalf of some of the nation’s leaders in The legislation we have seen so far is That is their option. Some of them health care delivery— running into a lot of trouble. may have a choice of other plans, but if These are the people whose hospitals David Broder, the respected col- they do have a choice and one of the we go to, whose clinics we go to when umnist from the Washington Post, said choices is a government-run plan, it we are sick or when we hope to stay that the plans which have been passed may have the same future the Mayo well— in a partisan way are ‘‘badly flawed’’ Clinic and others were saying Medicare we write to you to comment on the House and ‘‘overly expensive.’’ I mean, the was causing to them. The government will set a low price bill. Democratic plans; we have Republican for the doctors and a low price for the They say: plans that we would like to be consid- clinics. So all these employees who ered. I mentioned that the Wyden-Ben- We applaud the Congress for working on now have insurance that they like will this. However, we have got significant con- nett plan, which is the only really bi- lose that insurance because of the pas- cerns. partisan plan here, has not been given sage of this bill. The government will They go on to say there are three of one bit of consideration so far in the set the provider rates and physician them. Senate. And then Senator BURR and rates low, and so they will be part of a The first is about the Medicare-like Senator COBURN have a plan, Senator government plan for which many doc- public plan, as they call it, a public GREGG has a plan, and Senator HATCH tors and many hospitals and many plan with rates based on Medicare. has a plan. We all have different ideas. clinics will not offer services. It is They say it will have a severe negative As I said, we would like for them to be similar to giving somebody a bus tick- effect on their facilities, that they lose considered, today I’m talking about et to a bus station with no busses. a lot of money every year, hundreds of the Democratic plans that are now Then there are the Medicare cuts. millions of dollars. Because what hap- being considered. According to the Washington Post last pens is that Medicare, a government- The Congressional Budget Office, of week, Medicare cuts will pay for one- run plan, pays its doctors and its clin- course, is the nonpartisan office in this half the cost of health care for the un- ics and its hospitals about 80 percent of Congress that we count on as an um- insured in one of the bills being pro- what private insurance companies are pire to tell us what we are really doing. posed. paying. So roughly 177 million of us It is not supposed to have any political If we are to find savings in Medicare have private insurance of one kind or rhetoric. Last Thursday, the head of and take from the 45 million elderly another. If a doctor sees you, he gets the Congressional Budget Office, Doug- people who depend on Medicare, every paid 100 percent. But if you go to one of las Elmendorf was asked at a Senate bit of those savings ought to be put these clinics and hospitals, they are Budget Committee hearing what he back into Medicare and not spent on paid according to the government rate, thought about the bills which had some new program. I don’t think legis- which is roughly 80 percent of the pri- begun to emerge. lation that is paid for half by Medicare vate rate. These clinics say that is not He said: cuts is going to go very far in this sustainable for them, and that if that The legislation significantly expands the Chamber. continues, some of those providers, Federal responsibility for health care costs. Then there are the employer taxes. such as the Mayo Clinic, will eventu- In other words, here we go, at a time According to the National Federation ally be driven out of the market. What when we are in a recession and where of Independent Businesses, the House market? The market for Medicare pa- the President’s proposals for other pro- version has an 8-percent Federal pay- tients. Those are the 45 million senior grams will add more to the debt in the roll tax. I mentioned the Senate

VerDate Nov 24 2008 00:27 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.036 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7747 version, a $750 annual fine per em- or 20 million people to it, it may be a for the first 5 years. Then, after 5 ployee, if the employer doesn’t offer in- larger number. Why don’t they do see years, so the talk goes—and we were surance. The NFIB, small businesses, Medicaid patients? For the same rea- told, when we were working on this estimates that will lose about 1.6 mil- son the Mayo Clinic warned about this bill, this is an assumption—we will lion jobs. government plan in its letter. It is be- shift these costs back to Colorado, How could that be? Well, if a small cause Medicaid only pays its doctors back to Tennessee. Back comes what in employer or even a large one has gov- and its hospitals about 72 percent of today’s dollars is about $600 million to ernment-mandated costs added and what Medicare pays. the State of Tennessee. they have less money, they will hire If you are confused by that, it works Remember what I said. This is a pro- less employees. That is one of the op- out pretty simply. Medicare pays 80 gram doctors don’t want to go to be- tions they have. percent of what the private insurers cause they don’t get paid very well. So Then there is the income surtax. pay, and Medicaid pays about 72 per- we will have to increase the amount of There is a whole string of trouble for cent of what Medicare pays. If you are money we pay doctors. So if States are these bills. USA Today on Monday a doctor or a clinic or a hospital, you required to pay doctors and providers said: It is the highest tax rate in a get paid about 60 percent, if you are under the Medicaid system 110 percent quarter of a century that is proposed: A helping a Medicaid patient, of what of what Medicare is paid, that still 45-percent top tax rate with all taxes you would if you were helping one of us isn’t what doctors and hospitals get, if included. who has his or her own private health they see somebody with private health Then rationing, there are provisions care. You can see that will be a per- insurance. That is about the same in this bill which would have the gov- nicious trend. If we continue to dump amount of money, about $600 million ernment make decisions about which low-income people into a government- added just for the State cost, which treatment you will have and how long run Medicaid Program, that is what brings the total new state cost for pay- you will have to wait to see a doctor. will happen. ing physicians and hospitals more and Finally—I say ‘‘finally’’ because this There is another thing that happens for all the new people in the Medicaid is the subject I want to spend a mo- with Medicaid. Many members of the Program to $1.2 billion. That is a huge ment on—there is the Medicaid State committees working on this bill said: amount of money. taxes. Sometimes this gets confusing. We can’t let that happen. We can’t be We throw around dollars up here and Mr. President, 177 million Americans inhumane and just say we are out here figures that make any amount of have private insurance, but a lot of to help people who are uninsured, and money seem unimaginable. What is $1 people have government insurance we are going to dump 20 million of trillion, what is $10 trillion, what is $40 now. Veterans do. Military people have them into a government-run program billion. We former Governors can imag- TRICARE insurance. About 45 million that doesn’t have enough doctors and ine it. I figured it out. If in 5 years you older people have Medicare. But then hospitals and clinics. We will have to shifted back to the State of Tennessee there is a program called Medicaid, raise what we pay to doctors and clin- just its share of those costs from the which is the largest government-run ics. That sounds good, but that is very expansion of Medicaid and paying the program. About 60 million people are in expensive, particularly for a program doctors and hospitals more, the bill for it now. The Federal Government pays such as Medicaid that, according to the the State of Tennessee to pay the in- about 57 percent of it, and the States Government Accountability Office, $1 creased Medicaid costs would be an pay 43 percent. Every Governor I out of every $10 is fraudulent, is wast- amount of money that equals a new 10- know—and I was once one—has strug- ed. That is $32 billion a year. That is percent State income tax. gled with the Medicaid Program. I once the program we are going to expand? The truth is, for our State—and I became up here in the early 1980s and That is the program we are going to lieve for almost every State—it is an asked President Reagan to take it all, say to low-income people: Congratula- amount of money that nobody has let the Federal Government run it and tions, go into this program where you enough taxes to pay. You can run poli- give us Governors all of kindergarten are not likely to find a doctor every ticians in and out and defeat them for through the 12th grade. I thought that time you want one, and there are a lot raising taxes all day long, and they would be a good swap. of hospitals and clinics that will not still couldn’t come up with ways to pay I saw a couple of Democratic Gov- take you because we will not pay them for it. In other words, these bills are ernors earlier today, and we talked for that. based on a premise and assumption about the story every Governor faces. Because Senators and Congressmen that will either bankrupt the States or, If you have an extra dollar and you hear that, they say: We will raise the if the Federal Government says we will want to put it in higher education so rates. Here is the proposal: The pro- pay for it all, it will add $5, $6, $700 bil- you can improve the quality of the posal is, we are going to increase the lion more over 10 years to the legisla- University of Colorado or Tennessee or number of people who are eligible for tion we are considering. keep tuition from going up, what hap- Medicaid by 133 to 150 percent of the We need to think that through. Is pens to it? That dollar is stolen be- Federal poverty level. That is a sub- that the best way to help people who cause it has to go in the increasing stantial increase. Then, if we are going are low income? I don’t think so. I Medicaid cost. It is an inefficiently to do that and put many more people think there are much better ways. The managed program. The Federal Gov- into the program, we are going to have Wyden-Bennett framework is a better ernment keeps changing the rules. The to order an increase in what we pay the way. It rearranges the tax deductions Governors have to get permission from doctors and the clinics to serve them, we have for people who have health in- Washington whenever they make maybe up to 83 or 85 percent of the surance from their employers and it minor changes. It is demolishing State Medicare level. says: Let’s take the available money governments right and left. Let me talk about what that would and give the money to low-income peo- If our real goal is to help people, then do in one State. We called the State ple who then buy private health insur- why under these new plans do we say to Medicaid director in Tennessee. Our ance. It may be a very basic plan. But low-income people—defined as, say, a program is called TennCare. We said: at least they would have health insur- family of four who makes less than What would it cost Tennessee if we in- ance, and they wouldn’t be stuffed in a $32,000—your only option is going to be crease coverage of Medicaid up to 150 government program 40 percent of the to go in the Medicaid Program under percent of the Federal poverty level? doctors wouldn’t see and that many of this plan. It is estimated by the Con- The answer came back, nearly $600 mil- the best clinics and hospitals wouldn’t gressional Budget Office and others lion a year. That is the State’s share of allow them to come in. that 15 or 20 million Americans will be the cost which is a little more than a We have been told already by the added to the 60 million in the Medicaid third. The Federal Government’s share Congressional Budget Office that pro- Program. What will they find when is twice that. So the Federal Govern- posal would not add a penny to the they get there? They will find that 40 ment is saying: That is all right. We debt. Not only does it not create a new percent of the doctors don’t see Med- know Tennessee doesn’t have the government program, it actually icaid patients. When we add another 15 money to do that, so we will pay it all makes the Medicaid Program, except

VerDate Nov 24 2008 00:27 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.037 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7748 CONGRESSIONAL RECORD — SENATE July 21, 2009 for Americans with Disabilities, his- ten to these clinics and doctors and EXHIBIT 1 tory. In other words, if you are poor, focus on the delivery system and focus, JULY 16, 2009. you are not stuffed into a program that first, on those 250 million Americans Hon. RON KIND, nobody else would want to join any- who already have health insurance and Longworth House Office Building, way. You have a chance to buy your Washington, DC. ask the question: Can they afford it? DEAR CONGRESSMAN KIND: On behalf of own insurance, and you are not con- And, what could we do to make it pos- some of the nation’s leaders in health care signed to the worst run government sible for those Americans to afford it? delivery, we write to you today to comment program we have today. And can we do it in a way that permits on the House health care reform bill intro- So there are some real possibilities us to be able to honestly say when we duced earlier this week. We would like to with health care, and there are some are through that those same 250 mil- thank you for the opportunity to comment plans on the table that will lead us in on this legislation. We applaud the Congress lion Americans can afford their govern- for its commitment to passing comprehen- the right direction. We have advice ment when we are through without from distinguished Americans with a sive health care delivery system reform this adding to the debt? year. However, we have significant concerns stake in this—which is every single one about the current language of the bill and we of us—but the most distinguished are Then let’s look at the 46 million peo- ask that these concerns, set forth below, be those who deal with it every day. The ple who are uninsured. Of course, we addressed before the committee action is Mayo Clinic is saying the proposed leg- need for them to be insured. But the concluded. islation misses the opportunity to help fact is, 11 million of the uninsured are MEDICARE-LIKE PUBLIC PLAN create higher quality, more affordable already eligible for programs we al- First, we are concerned that a public plan health care for patients. In fact, it will ready have; 10 million or so are non- option with rates based on Medicare rates do the opposite. citizens—half of them legally here, half will have a severe negative impact on our fa- Shouldn’t we slow down and get it of them not; a large number of them cilities. Today, many providers suffer great right? Shouldn’t we get it right? This financial losses associated with treating are making $75,000 a year and could af- Medicare patients. For example, several of is the only chance we have to do this. ford it but just do not buy it; and an- the systems that have signed onto this letter If we do it wrong, we will not be able to other significant number are college lost hundreds of millions of dollars under undo it. This is 16, 18 percent of the students. Medicare last year. These rates are making American economy we are talking it increasingly difficult for us to continue to about. People have tried to do it for 60 So we are going to have to go step by treat Medicare patients. The implementa- years, and they failed. step by step and see in what low-cost tion of a public plan with similar rates will The only way we will do it is if we do way we can include a large number of create a financial result that will be it together. The Democrats have big these 46 million Americans, who are unsustainable for even the nation’s most ef- not part of the system, in the system. ficient, high quality providers, eventually majorities over on that side. They do driving them out of the market. In addition, in the House. But that is not the way But that is the wrong place to start. should a public plan with inadequate rates be things usually happen around here. The That is the place to end. enacted, we will be forced to shift additional President has said—and I take him at So, Mr. President, all I am saying is, costs to private payers, which will ulti- his word—and many of the leaders have on the Republican side of the aisle we mately lead to increased costs for employers who maintain insurance for their employees. said—and I take them at their word— can tell you what we are for. Some of that we would like to get 70, 80 votes We believe all Americans must have guaran- us are for the Wyden-Bennett bill with teed portable health insurance, but it is crit- for the health care result. We would our Democratic colleagues. That is the ical that we not lose sight of the need to en- too. only bipartisan bill before us today. It sure adequate and equitable reimbursement. But in order to do that, we are going has not even been seriously considered GEOGRAPHIC PAYMENT DISPARITIES to have to do it the way we usually do by this body, but it is there, and it has Second, our health care systems are among when we have bipartisan events around significant support in the House. We the most cost-efficient in the country in car- here. We get some Democrats and some have two doctors over here: Dr. ing for Medicare patients. However, many of Republicans and they sit down with the us operate in states with some of the lowest BARRASSO, who has been an orthopedic President and they share ideas and Medicare reimbursement rates in the nation. surgeon for 25 years, and Dr. COBURN they agree on some things. They don’t Current physician payments due to geo- from Oklahoma, an OB/GYN doctor. just say: OK, here it is, and we are graphic disparities are actually greater They would like to be involved in the under Medicare than under commercial in- going to vote down almost every sig- process. So far their ideas are not real- surance. This may be difficult to believe, nificant idea you have on the way ly being adopted in the result we might given the government’s rate-setting power, through. but flows from the fundamentally flawed I respect the fact that Senator BAU- have. We have Senator GREGG from payment methodology. To date, health care CUS is trying to do that in the Finance New Hampshire, one of the most re- reform proposals simply continue the cur- Committee, and perhaps he will suc- spected Senators, who has been a part rent payment methodology, despite the fact ceed, working with Senator GRASSLEY of many bipartisan efforts, and he has that formula changes have been identified to and others. But this is going to take his own bill. He would like to be more address this problem. We support payment a part of it, but his ideas do not fit the changes that work to reduce geographic dis- some time. It cannot be done over- parities, rather than perpetuating the flaws night. There are many sections to this way things are going. But the way in the current payment system. While we be- bill. Each of them might be 500 pages things are going are too expensive for lieve that the Institute of Medicine study is long. They have enormous con- the Congressional Budget Office and a good first step, we encourage Congress to sequences to individuals. That is why take us in the wrong direction, accord- take this further and enact payment reforms we have all these clinics writing and ing to the Mayo Clinic. that will address the existing disparities. VALUE INDEX PROPOSAL saying: If you do it the way it looks So maybe we ought to step back and like you are going to do it, you may Third, consistent with statements from say: Well, let’s listen to these other President Obama, we believe that focusing drive us out of the business of helping ideas. Let’s go very carefully. Let’s Medicare patients. on, defining, measuring, and paying for value work with the President. Let’s see if is essential for controlling cost within the Do we really want to do that? Do we we can get a result. Let’s keep a four- U.S. health care system. The system must be really want to say to 45 million Ameri- letter word out there that is a good reformed to compensate for value instead of cans who depend on Medicare: We are word; and that is ‘‘cost,’’ and make volume. We believe inserting a value index going to pass a bill that will accelerate sure we focus first on the 250 million into various aspects of the Medicare pay- the process whereby respected clinics ment system (e.g., physician fee schedule, Americans who have health insurance and the doctor you might choose will hospital rates) is the means to accomplish and make sure they can afford it; and, not see you anymore because they can- this end goal of compensating for quality second, make sure when we finish fix- not afford to because the government rather than quantity. ing health care that those same Ameri- We appreciate the opportunity to comment will not pay them under the system we cans can afford their government. on this legislation. We urge you to address have? the above-stated concerns, which will dem- So I would suggest we start over, lit- I thank the Presiding Officer, and I onstrate that Congress is serious about pre- erally, conceptually; start over and lis- yield the floor. serving the best parts of the existing health

VerDate Nov 24 2008 00:39 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.039 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7749 care delivery system. If we can be of assist- goods to utilities to rent, it takes a lot Mr. DEMINT. Mr. President, I ask ance to you moving forward, please do not to relocate an entire family. unanimous consent to speak for up to hesitate to contact us. Since 1955, Congress has helped mem- 10 minutes as in morning business. Sincerely, bers of the service defray these costs The PRESIDING OFFICER. Without Everett Clinic, Gundersen Lutheran objection, it is so ordered. Health System, HealthPartners, Inter- by paying a ‘‘dislocation allowance’’ to mountain Healthcare, Iowa Clinic, each person we reassign to a new duty HEALTH CARE REFORM Marshfield Clinic, Mayo Clinic. station. This eases the financial burden Mr. DEMINT. Mr. President, I wish to MeritCare Health System, Park Nicollet on military families and means that speak for a few minutes about health Health System, Rural Wisconsin personnel decisions can be made with- care and the need for health care re- Health Cooperative, ThedaCare, Wis- out fear of breaking the bank—at least form in the country today. I think consin Hospital Association, Wisconsin for most servicemembers, that is. most Americans would agree we need Medical Society. Unfortunately, those who retire are to do everything we can to make af- The PRESIDING OFFICER (Mr. not covered under the current system, fordable health insurance available to UDALL of Colorado). The Senator from despite the fact that their final orders every American and, hopefully, that is Illinois. may require a permanent change of what this health reform debate will be Mr. BURRIS. Mr. President, through- station. So after years of supporting about. out this Nation’s history, our free- service men and women when we ask Unfortunately, we are seeing a pat- dom—and at times our very survival— them to relocate, we abandon them at tern develop here that has been going has rested squarely on the shoulders of the time of their final move. We leave on all year—since the President took the men and women of our Armed them to fend for themselves, even office—that has many Americans Forces. though the expenses they incur will be alarmed at the rapid pace we are spend- As a member of the Armed Services as high as ever, and even though their ing and borrowing, imposing new taxes, Committee, I am proud to know many income has been reduced to half of and taking over various aspects of the of these brave warfighters we have. We what they had been paid during Active American economy. I know a lot of rely upon their training and discipline. Duty. Americans are alarmed and some are We depend upon their service and their So we simply cannot stand for this. outraged. More than any other com- sacrifice. In return, we owe them noth- We cannot allow those who have served ment, I am hearing Americans say: ing but the very best. us honorably to be left out in the cold Why don’t you slow down and read the That means keeping our commitment at the end of their careers. We must bills before you continue the expansion to every soldier, sailor, airman, and offer these benefits to all Members of of government. marine at every stage in their career— our Armed Forces, even those who have Now we are talking about health from the day they report for training been asked to move for the last time. care, and we see that same pattern of to the day they retire and beyond. That is why I am calling for a study crisis and rush and it ‘‘has to be done We can start to honor this commit- to examine the feasibility of extending today, hair’s on fire’’ type of mentality ment in the most basic way by ensur- the dislocation allowance to retiring here in Washington so that we almost ing that their facilities are safe and servicemembers. We should find a way have to call this a ‘‘son of stimulus’’ adequate. That is why I plan to offer an to make this work. The cost of moving health care bill. Because certainly the amendment that would help eliminate demands it. Our servicemembers sup- last time the President tried to ram a vegetative encroachment on training port it. And, most importantly, it is massive bill through Congress before ranges. Excessive vegetation can actu- the right thing to do for our troops. we had a chance to read it, we ended up ally render training grounds unusable. Colleagues, Members of this great with this colossal stimulus failure that If a training range is heavily over- body, let’s come together to stand for has actually resulted in the loss of jobs grown, it can lead to dangerous situa- those who sacrifice on our behalf and in America and a burden of debt on our tions, including fires and obstructive protect this great country of ours that children that is almost unimaginable. lines of sight. allows us to do what we do in America, It makes no sense for us to follow that In a recent study by the U.S. Army, with freedom and opportunity. Let’s same pattern with health care—nearly 70 percent of the facilities surveyed are provide our men and women in uniform 20 percent of our economy—to have a experiencing limitations due to uncon- with the support they need at every government takeover with a bill we trolled vegetation. This is unaccept- stage of their careers—from the first haven’t even completely seen yet, that able. We must take action now. day of basic training to the day they is supposed to be passed in the next 2 My amendment calls upon the Sec- are discharged. weeks, even though the bill wouldn’t retary of Defense to perform a com- Cutting down on vegetation en- take effect until 2013. What is the rush? prehensive study of training ranges croachment will keep our trainees safe The whole purpose of the Senate is to across every branch of the military. We and help prepare them for years of hon- be the place where the legislation must develop a plan to reclaim any orable service. When that service ends, comes to cool down, where we delib- overgrown land for its rightful use by dislocation benefits will help them re- erate, we look at the details. The our fighting men and women of Amer- tire with some measure of financial se- President himself has admitted he is ica. This will help us ensure that we curity. not aware of the details of the bill he is can train them adequately and safely So I urge my colleagues to join with out selling every day. so they can fully prepare for any mis- me in supporting these initiatives I put We do have serious problems in sion they are assigned to perform. forth. We owe our troops nothing less. health care that we need to fix. The un- But we cannot stop there. Our com- Thank you, Mr. President. I yield the fortunate thing is I have no confidence mitment begins on the day someone floor. that the President actually wants to volunteers for service in the Armed The PRESIDING OFFICER. The Sen- make health insurance affordable and Forces. But it does not end, even after ator from Rhode Island. available to all Americans because their service has drawn to a close. That Mr. REED. Mr. President, I suggest when he was in the Senate, Repub- is why I believe it is important to ex- the absence of a quorum. licans proposed a number of alter- tend dislocation benefits to every serv- The PRESIDING OFFICER. The natives that would have done that. Yet icemember, including those whose clerk will call the roll. in every case—every opportunity he service is coming to an end. The assistant legislative clerk pro- had to make health insurance more Over the course of a career in the ceeded to call the roll. available and affordable to Ameri- American military, a service man or The PRESIDING OFFICER. The Sen- cans—he voted no. Let’s review some of woman and their family may be or- ator from South Carolina. them, because I think we have to rec- dered to relocate a number of times— Mr. DEMINT. Mr. President, I ask ognize that the point of this health moving here, moving there, this assign- unanimous consent that the order for care debate is not to make sure every ment, that assignment. Each move can the quorum call be rescinded. American is insured, but to make sure be quite costly. From basic travel ex- The PRESIDING OFFICER. Without the government is running our health penses to the purchase of household objection, it is so ordered. care system. The most personal and

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If people get their health insur- Obama voted no, as did most of the buy health insurance, and we are mov- ance at work, as we do here in Con- Democrats, and they killed the bill. ing again toward a government progress, your employer can deduct the There is a long list here I could go gram that we know won’t work. There cost of it and the employee is exempt through, but every single bill, every is not one Federal program that has from paying taxes on those benefits. single health reform idea that has been worked as advertised, that has worked That is equivalent to about a $5,000 a proposed here, the President, when he to the budget we said it would be to. year benefit to families who get their was in the Senate, voted against. Ev- This week we have had announcements health care or health insurance at erything that would have made health of what we have already passed as far work. Why can’t we offer that same insurance available and affordable to as stimulus over the last year is going fairness to Americans who don’t get the average American who doesn’t get to mean trillions of dollars—trillions their health insurance at work? It is their insurance at work was voted no of dollars—we are going to have to bor- something I actually proposed here in by this President. row and that our children are going to the Senate while President Obama was Now he is saying, We need the gov- have to pay back. a Senator, that we would give fair tax ernment to take it over because it is I appeal to my colleagues: We don’t treatment; at least let them deduct it not working. The reason it is not work- need to rush through a bill in the next from their taxes. He voted no, as did I ing is we won’t let it work. The part of 2 weeks before we go on our August believe every Democrat, and they health insurance, the health care sys- break that affects one-fifth—20 per- killed the bill in the House. This was tem that works the best today is when cent—of our total economy, that gets basic fairness to make health insur- you have your own health insurance the government to effectively take ance a little more affordable to people and you pick your own doctor and you over the most personal and private who didn’t get it at work. The Presi- and your doctor decide what kind of service that we ask for as Americans. dent voted no. health care you are going to get. It is We don’t need to pass a bill such as We hear a lot of talk about how we not a perfect system, and insurance that, that we won’t even have time to need a government plan to make the companies have a lot of work to do to read. What the President and I think a private plans more competitive. Why make things work better because I lot of the proponents of this bill are not make all the insurance companies have to argue with them a lot myself. afraid of is if we are able to go home on compete with insurance companies all But the part of the health care system the August break and we take this bill over the country instead of what we do that doesn’t work is the part that the and we put it on the Internet where now? A lot of Americans don’t know government runs, Medicaid and Medi- people can read it, and radio talk that the reason we don’t have a com- care, the SCHIP and TRICARE. Some shows and bloggers all around the petitive private health insurance mar- of the people who get those benefits country are able to tell the American ket is that the Federal Government such as our seniors say Medicare works people what this bill is and what it will makes it impossible. You have to buy fine, but, unfortunately, doctors don’t do, and get past this utopian rhetoric your health insurance in the State want to see them coming because that we are hearing from the President where you live, so a few insurance com- Medicare and Medicaid don’t cover the and look at the nuts and bolts, because panies basically have monopolies in cost of even seeing a patient. So many everything he is saying this bill is every State of the country. What if physicians are closing their practices going to do the Congressional Budget someone such as myself who lived in to our seniors because they have gov- Office and other experts are saying, No, South Carolina could look all across ernment health insurance. Government it isn’t going to work that way. It isn’t the country, find a policy I wanted at a health care does not pay enough for the going to save us money, it is going to better price, and buy it? Why can’t we physician and the hospital to see the raise our taxes, it is going to cost jobs in America, and it isn’t going to fix do that? Well, I proposed we do that. patient, so they shift the cost over to health care. We introduced it on the Senate floor. It the private market. We need to go back to the basics, in- The worst part of all of these govern- would have created a competitive cluding some of what I have mentioned ment plans is they are trillions of dol- health insurance market and allowed already, that would reform health care lars in debt—debt that our children are people to buy all over the country. and make private health insurance going to have to pay back. These pro- Barack Obama voted no, as did all of work better, make it more affordable, grams are broke. Yet they want to ex- the Democrats, to kill the bill. Now and get it into the hands of more pand these programs. They want to they are talking about: Well, we need a Americans. Why should we give up on take the part of health care that is not government option to create some freedom and move to a government working and essentially force it on competition, to have a real competi- plan when we haven’t even given free- tive market. He voted against it. every American. They want every dom a chance to work in health care? What about allowing Americans who American to have a Medicaid plan I know the government can’t run put money in a health savings account, where doctors don’t want to see us health care and I don’t want them run- or their employer puts it in there for coming because we are not paying ning my plan. One of the best ideas I them—their own money—why not let enough of their costs. have heard in this debate is whatever them use that money to pay for a As I look at this whole health care we pass, Congressmen and Senators health insurance premium if they don’t reform debate—and I am glad to see ought to have to take that health plan. get it at work? It sounded like a good the President out taking shots at me I am going to have an amendment to idea to me, to make it a little bit easi- for saying we have to stop him on this, that effect if they try to get this on the er, a little more affordable to have because we have been on a rampage floor before August. your own health insurance, so I pro- since he took office, passing one gov- But I appeal to my colleagues: Let’s posed that bill here in the Senate. ernment program after another, ex- listen to the American people. Let’s Barack Obama voted no, as did all of panding spending and debt at levels we stop this rampage toward bigger and the Democrats, and they killed the bill. have never imagined in this country. It bigger government. Let’s take our time What about the idea of allowing a lot is time to slow down and take stock of and look at this bill and, for once, do of small employers—I was a small busi- where we are. Other countries that something right. Our health depends on nessman for years. It was hard to buy have to lend us money to keep us going it. health insurance as a small employer, are beginning to wonder, Can we pay Thank you, Mr. President. I yield the but I did. It cost me a lot of money, a our debts? We have doubled our money floor. lot more than the big employers. But supply by the Federal Reserve, and The PRESIDING OFFICER. The Sen- what about allowing a lot of small em- that means big inflation, higher inter- ator from Florida is recognized.

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AMENDMENT NO. 1515 (A) by striking ‘‘DEPENDENT CHILDREN.—’’ prominent military and veterans organiza- Mr. NELSON of Florida. Mr. Presi- and all that follows through ‘‘In the case of tions, representing more 5.5 million members dent, I ask unanimous consent that the a member described in paragraph (1),’’ and plus their families and survivors would like to thank you for your sponsoring of Amend- pending amendment be laid aside in inserting ‘‘DEPENDENT CHILDREN ANNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE.—In the ment No. 1515 of FY2010 NDAA (S. 1390). This order that I might call up amendment case of a member described in paragraph Amendment, like your bill, S. 535, would re- No. 1515. (1),’’; and peal the law requiring a dollar-for-dollar de- The PRESIDING OFFICER. Is there (B) by striking subparagraph (B). duction of VA benefits for service connected objection? (e) RESTORATION OF ELIGIBILITY FOR PRE- deaths from the survivors’ SBP annuities. Without objection, it is so ordered. VIOUSLY ELIGIBLE SPOUSES.—The Secretary The elimination of this survivor benefit in- The clerk will report. of the military department concerned shall equity is a top legislative goal for TMC in 2009. The assistant legislative clerk read restore annuity eligibility to any eligible surviving spouse who, in consultation with We strongly believe that if military service as follows: the Secretary, previously elected to transfer caused a member’s death, the Dependency The Senator from Florida [Mr. NELSON] payment of such annuity to a surviving child and Indemnity Compensation (DIC) the VA proposes an amendment numbered 1515. or children under the provisions of section pays the survivor should be added to the SBP 1448(d)(2)(B) of title 10, United States Code, benefits the disabled retiree paid for, not Mr. NELSON of Florida. Mr. Presi- substituted for them. In the case of members dent, I ask unanimous consent that as in effect on the day before the effective date provided under subsection (f). Such eli- who died on active duty, a surviving spouse reading of the amendment be dispensed gibility shall be restored whether or not pay- with children can avoid the dollar-for-dollar with. ment to such child or children subsequently offset only by assigning SBP to the children. The PRESIDING OFFICER. Without was terminated due to loss of dependent sta- That forces the spouse to give up any SBP objection, it is so ordered. tus or death. For the purposes of this sub- claim after the children attain their major- The amendment is as follows: section, an eligible spouse includes a spouse ity—leaving the spouse with only a $1,154 who was previously eligible for payment of monthly annuity from the VA. Those who (Purpose: To repeal the requirement for re- give their lives for their country deserve duction of survivor annuities under the such annuity and is not remarried, or remarried after having attained age 55, or whose fairer compensation for their surviving Survivor Benefit Plan by veterans’ depend- second or subsequent marriage has been ter- spouses. Your amendment would also end ency and indemnity compensation) minated by death, divorce or annulment. this inequity. The Military Coalition again thanks you At the end of subtitle D of title VI, add the (f) EFFECTIVE DATE.—The sections and the following: amendments made by this section shall take for sponsoring this Amendment to restore equity to this very important survivor pro- SEC. lll. REPEAL OF REQUIREMENT OF RE- effect on the later of— DUCTION OF SBP SURVIVOR ANNU- (1) the first day of the first month that be- gram and encourages your colleagues vote ITIES BY DEPENDENCY AND INDEM- gins after the date of the enactment of this for its passage. NITY COMPENSATION. Act; or Sincerely, The Military Coalition: (a) REPEAL.— (2) the first day of the fiscal year that be- (1) IN GENERAL.—Subchapter II of chapter gins in the calendar year in which this Act is Air Force Association, Air Force Sergeants 73 of title 10, United States Code, is amended enacted. Association, Air Force Women Officers Asso- as follows: ciated, American Logistics Association, (A) In section 1450, by striking subsection Mr. NELSON of Florida. Mr. Presi- AMVETS, Army Aviation Assn. of America, (c). dent, this is the widows and orphans Assn. of Military Surgeons of the United (B) In section 1451(c)— amendment. This is the dastardly sub- States, Assn. of the US Army, Association of (i) by striking paragraph (2); and ject we have been dealing with for the United States Navy, Commissioned Offi- (ii) by redesignating paragraphs (3) and (4) years, where there is an offset from an cers Assn. of the US Public Health Service, as paragraphs (2) and (3), respectively. insurance payout, that servicemembers Inc. CWO & WO Assn. US Coast Guard, En- (2) CONFORMING AMENDMENTS.—Such sub- pay insurance premiums and/or retirees listed Association of the National Guard of chapter is further amended as follows: the US, Fleet Reserve Assn., Gold Star Wives pay premiums, which is offset by Vet- of America, Inc., Iraq & Afghanistan Vet- (A) In section 1450— erans Department disability compensa- (i) by striking subsection (e); erans of America, Jewish War Veterans of (ii) by striking subsection (k); and tion, which otherwise the veteran’s the USA, Marine Corps League, Marine Corps (iii) by striking subsection (m). surviving spouse and children would be Reserve Association, Military Officers Assn. (B) In section 1451(g)(1), by striking sub- able to, under existing law, be eligible of America, Military Order of the Purple paragraph (C). for both, but there is an offset. Heart, National Association for Uniformed (C) In section 1452— This particular amendment is going Services, National Guard Assn. of the US, (i) in subsection (f)(2), by striking ‘‘does to eliminate that offset. Every year, we National Military Family Assn., National not apply—’’ and all that follows and insert- Order of Battlefield Commissions, Naval En- come to the floor on the Defense au- listed Reserve Assn., Non Commissioned Of- ing ‘‘does not apply in the case of a deduc- thorization bill and we offer the tion made through administrative error.’’; ficers Assn. of the United States of America, and amendment and we have an over- Reserve Enlisted Assn. of the US, Reserve (ii) by striking subsection (g). whelming vote in the Senate. Every Officers Assn., Society of Medical Consult- (D) In section 1455(c), by striking ‘‘, year, it goes to conference and, for ants to the Armed Forces, The Military 1450(k)(2),’’. years and years, in the conference com- Chaplains Assn. of the USA, The Retired En- listed Assn., USCG Chief Petty Officers (b) PROHIBITION ON RETROACTIVE BENE- mittee with the House, they would say Assn., US Army Warrant Officers Assn., Vet- FITS.—No benefits may be paid to any person you cannot pass an amendment that erans of Foreign Wars of the US. for any period before the effective date pro- would even reduce the offset for widows Mr. NELSON of Florida. This letter vided under subsection (f) by reason of the and orphans. Only in the last couple amendments made by subsection (a). supports this legislation. It is from the years have we had some modest reduc- (c) PROHIBITION ON RECOUPMENT OF CERTAIN Military Coalition. The Military Coali- tion of the offset. Then, on an earlier AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- tion is a group of 34 organizations, and CIPIENTS.—A surviving spouse who is or has piece of legislation this year, we had a their signatures are on the letter—al- been in receipt of an annuity under the Sur- little bit more reduction of the offset. phabetically, from the Air Force Asso- vivor Benefit Plan under subchapter II of What this amendment will do is com- ciation all the way to the last one on chapter 73 of title 10, United States Code, pletely eliminate the offset. the list of 34, the Veterans of Foreign that is in effect before the effective date pro- I wish to point out at the outset, I Wars of the United States. All those or- vided under subsection (f) and that is ad- have a letter from the Military Coali- ganizations that you would expect are justed by reason of the amendments made by tion, and I ask unanimous consent it be subsection (a) and who has received a refund in between; there are 34 of them en- printed in the RECORD. of retired pay under section 1450(e) of title dorsing this amendment. There being no objection, the mate- 10, United States Code, shall not be required I wish to tell you about this par- to repay such refund to the United States. rial was ordered to be printed in the ticular amendment. I filed this bill— (d) REPEAL OF AUTHORITY FOR OPTIONAL RECORD, as follows: and this is nonpartisan—years ago with ANNUITY FOR DEPENDENT CHILDREN.—Section THE MILITARY COALITION, Senator SESSIONS and eight other origi- 1448(d) of such title is amended— Alexandria, VA, July 15, 2009. nal cosponsors. It will repeal the law (1) in paragraph (1), by striking ‘‘Except as Hon. BILL NELSON, provided in paragraph (2)(B), the Secretary U.S. Senate, that takes almost $1,200 per month concerned’’ and inserting ‘‘The Secretary Washington, DC. from families who have lost a loved one concerned’’; and DEAR SENATOR NELSON: The Military Coali- because of military service. This sur- (2) in paragraph (2)— tion (TMC), a consortium of nationally vivors benefit plan, otherwise known

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Back in 2005, Part of the agreement we made, in come insurance for their survivors or the Senate took the step in the right order for us to proceed, was that if any- when a servicemember dies on Active direction and passed, by a vote of 92 to one came to the floor to speak on the Duty. 6, my amendment to repeal that offset. pending amendment, that Senator The other law is dependency and in- When it got down to the conference would have priority. If it is agreeable demnity compensation, referred to by committee, you know what happened. to the Senator from Florida, the Sen- its initials DIC. It is a survivor benefit In the 2008 Defense authorization bill, ator from New York would go ahead paid by the Veterans’ Administration. we cracked the door to eliminating the and then we could go back to him Survivors receive this benefit when the offset. In the conference committee ne- speaking in morning business. military service caused the service- gotiations with the House, we made Mr. NELSON of Florida. Of course. It member’s death. some progress when we got a special is my understanding the Senator from What this amendment will do is fix payment of $50 per month, which would South Carolina had just spoken as in this longstanding problem in the mili- now increase to $310 per month by 2017 morning business. That is why I was in- tary survivor benefits system. The because of money savings found in the quiring. I am very grateful to the rank- problem is, it requires a dollar-for-dol- tobacco legislation passed earlier this ing member of the committee for us to lar reduction of the survivor benefits year. go ahead and dispose of this amend- from the SBP, paid by the Department Our efforts have been important ment. of Defense, offsetting against the de- steps in the right direction, but they Mr. MCCAIN. Why don’t we wait pendents and indemnity compensation, are not enough. We must meet our obli- until after the Senator from New York DIC, paid by the Veterans’ Administra- gation to the widows and orphans with finishes, to make sure there is no one tion. the same sense of honor as was the else who wants to speak on the amend- You know the great quote, following service their loved ones had performed. ment of the Senator from Florida. one of America’s bloodiest wars, by We need to completely offset this SBP Mr. SCHUMER. Mr. President, if my President Lincoln in his second inau- and DIC. We must continue to work to colleague needs 5 minutes, I am happy gural address—and the war was still do right by all those who have given to yield to him, if I would come after raging at that point. He said that one this Nation their all and especially for that. I ask unanimous consent that be of the greatest obligations in war is to the loved ones they may leave to our the case. ‘‘finish the work we are in; to bind up care. The PRESIDING OFFICER. Is there the Nation’s wounds; to care for him In that letter that I have had entered objection? who shall have borne the battle’’—in into the RECORD, it says: Without objection, it is so ordered. The Senator from Florida is recog- other words, the veterans—‘‘and for his The elimination of this survivor benefit in- widow and his orphan.’’ equity is the top legislative goal for [the nized. Following Lincoln’s advice to honor Military Coalition] in 2009. Mr. NELSON of Florida. Mr. Presi- truly our servicemembers, they need to dent, I ask unanimous consent to speak I will not take the time to read the as in morning business. know their widows and orphans, their names of the 34 organizations that survivors, will be taken care of. We cer- The PRESIDING OFFICER (Mr. signed the letter, but they are all fairly AUFMAN). Without objection, it is so tainly agree that the U.S. Government K well known to every one of us. ordered. must take care of our veterans, their On February 24 of this year, during a Mr. NELSON of Florida. I thank the widows, and their orphans. In keeping joint session of the Congress, the Presi- Chair. with that principle, we need to repeal dent said: (The remarks of Mr. NELSON of this offset that denies the widows and To keep our sacred trust with those who Florida pertaining to the introduction orphans the annuity their deceased serve, we will raise their pay, and give our of S. 1484, S. 1485, S. 1486, and S. 1487 loved ones have earned on Active Duty veterans the expanded health care and bene- are located in today’s RECORD under fits they have earned. or have purchased for them. A retired ‘‘Statements on Introduced Bills and military member can purchase this I say amen to that. I ask that Presi- Joint Resolutions.’’) SBP, and it is an insurance policy so dent Obama help us end this injustice Mr. REED. Mr. President, if the Sen- their survivors will have income. to widows and orphans of our Nation’s ator from Florida is prepared, I have Over in the Veterans’ Administra- heroes. conferred with the ranking member, tion, we have a law that says, if you Mr. President, may I inquire if there the Senator from Arizona, and we are are disabled a certain percentage, we is someone else who wants to speak prepared to voice vote the amendment. are going to take care of you. One now, because if there would not be, I The PRESIDING OFFICER. Is there should not offset the other—particu- would like to speak as in morning busi- further debate on the amendment? larly, when somebody has paid pre- ness. If not, the question is on agreeing to miums on an insurance policy. Mr. MCCAIN. I object. Let’s dispose the amendment. Well, that dollar-for-dollar offset is of the amendment. The amendment (No. 1515) was agreed what has me so agitated for a decade The PRESIDING OFFICER. The Sen- to. now. I have already explained that, for ator from Arizona objects. Mr. NELSON of Florida. Mr. Presi- the survivors benefit plan, there are Mr. MCCAIN. I object to the Senator dent, I move to reconsider the vote, two ways to qualify: The military re- from Florida going into morning busi- and I move to lay that motion on the tiree goes out and voluntarily pays ness until we dispose of the amend- table. into an insurance program with their ment. Then he can do it right away. The motion to lay on the table was retirement income. Later, the statute Mr. NELSON of Florida. I merely in- agreed to. was added that the survivors benefit quired if another Senator wants to The PRESIDING OFFICER. The Sen- plan is available to an Active-Duty speak. Certainly, I would withhold ask- ator from New York. servicemember if they are killed as a ing for a unanimous consent. AMENDMENT NO. 1618 result of military service. For retirees, Mr. SCHUMER. Mr. President, I in- Mr. SCHUMER. Mr. President, I the SBP is an insurance program that tend to speak on the Thune amend- know we are not now on the Thune protects the income of survivors; and ment and was scheduled to speak in the amendment. I know we have gone aside for Active-Duty military members, next few minutes. If it is OK with the to other amendments and that we will SBP is compensation for the service- floor leaders, if my colleague will be debating Thune tomorrow morning, members’ beneficiaries. speak for a brief amount of time, I am but there are so many of my colleagues On the other hand, the dependents in- happy to go after him. It is up to the who want to speak, and I have a lot to demnity compensation is a benefit pay- floor managers. say. So I will speak for 5 minutes to- ment to the survivors of a servicemem- Mr. MCCAIN. Mr. President, I say to morrow morning, but I will give the ber who dies from a service-connected the Senator from Florida, we will find bulk of my speech this afternoon.

VerDate Nov 24 2008 00:39 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.045 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7753 Mr. President, I rise in staunch oppo- State. It is different from New York be seen broadly. I don’t think that is sition to the Thune amendment. I be- State in many ways, and the laws that fair. lieve it is a dangerous amendment that fit for Vermont don’t necessarily fit for But every amendment has limita- would go far beyond authorizing gun New York. tions. Through the years when I have possession for self-defense and not only A 17-year-old Crip or Blood from New been involved in this issue, the NRA create a serious threat to public safety York—a member of a gang; dangerous, and other gun groups have argued, but also severely undercut American maybe violent—could head to Vermont, frankly, that the States ought to make federalism. obtain a Vermont driver’s license, buy their own decisions. All of a sudden we Amendment No. 1618, authored by a gun, and return to New York or he see a 180-degree hairpin turn. Now they Senator THUNE, would force States and could buy a whole bunch of guns and are saying that the States cannot localities from across the Nation to return to New York. When law enforce- make their own decisions. Why is it permit individuals from other States to ment stops him, a loaded gun tucked in that every other issue should be re- carry hidden and loaded handguns in his pants or a whole bunch of guns in solved by the States except this one? public, even where the elected rep- his backpack, all he would have to do The amendment flies in the very face resentatives of those States have cho- is claim he is a Vermonter visiting New of States rights arguments and takes sen to bar these persons from pos- York, show his Vermont ID, and the away citizens’ rights to govern them- sessing firearms. The legislation would New York Police Department would be selves. require every State with concealed unable to stop him. This runs shivers I say to my colleagues who have laws carry legislation to honor concealed down the spines of New York police of- and citizenry who probably want the carry licenses issued by any other ficers, of New York sheriffs, of New laws not drawn as tightly as my State, State so long as they abide by the York law enforcement. And it doesn’t if you open up this door, one day you State’s location restrictions for con- just apply to New York. This could will regret it. Because if you say that cealed carry. apply to any large State. the Federal Government should decide This amendment is a bridge too far Imagine law enforcement stopping what law governs, you are taking away and could endanger the safety of mil- one of these characters with a back- States’ right to govern themselves. lions of Americans. Each State has pack full of guns—a known member of In the 1990s, after the passage of the carefully crafted its concealed carry a major gang—and having to let them Brady Act, the National Rifle Associa- laws in the way that makes the most go. Imagine how empowered gun smug- tion funded multiple legal challenges sense to protect its citizens. It is obvi- glers and traffickers would feel. Their to it, citing the 10th amendment, that ous what is good for the safety of peo- business would boom. These are people the right to bear arms therefore re- ple in New York City or Philadelphia who make money by selling guns ille- sided in the States. Indeed, Mary Sue or Chicago or Miami or Los Angeles is gally to people who are convicted fel- Falkner, who was then a spokesman for not the same thing that is needed in ons. They could go to the State with the NRA, said at the time: rural Idaho or rural Tennessee. Yet the weakest laws, get a concealed carry This is not a case about firearms per se, this amendment, in one fell swoop, permit—if that State allowed it, and in but about whether the Federal Government says the protections some States feel all likelihood it might—and then start can force States and local governments they need to protect law enforcement, bringing concealed guns into neigh- against their will to carry out Federal man- to protect its citizenry, would be wiped boring States and States across the dates. away. country. Their business would boom, Similarly, in reference to Brady, the The amendment will incite the dan- but our safety would be impaired. NRA’s chief lobbyist said that the Fed- gerous race to the bottom in our Na- Imagine routine traffic stops turned eral Government was getting too much tion’s gun laws. Let’s examine the line- into potential shootouts. involved in State affairs. up of people who could carry concealed Police officers in New York have the The gun lobby’s rallying cry has al- weapons in 48 States under this amend- safety and the peace of mind in know- ways been, ‘‘Let each State decide.’’ ment. And I don’t disparage each State ing that the only people who might le- But with this amendment, again, a 180- for doing what it wants within its own gally have a gun are those who have degree flip. borders, but why impose that on States been approved by the police depart- Clearly, large urban areas merit a outside their borders? different standard than rural areas. To Arizona law allows a concealed carry ment. That is how we do it in a city gut the ability of local police and sher- permit to be issued to an applicant who such as New York. We have had our iffs to determine who should be able to is a known alcoholic. So alcoholics problems with crime. Thank God it is carry a concealed weapon makes no would be in the lineup. They could much lower now, due to the great work sense. It is wrong to take away any carry a concealed weapon in States of the New York City police. But now State’s rights to make decisions about outside of Arizona simply because Ari- they would be totally unprepared, what can make a resident safer. A one- zona allowed them to do so. walking on tiptoe. And if the criminal Texas, which is one of the top 10 simply said: I am from this State— size-fits-all approach to community sources of guns recovered in crimes in wow. I shudder at the thought. safety leads us down a very precarious New York City, a city in which I re- Beyond the very real threat this road. side, is obliged to issue a permit to a poses to law enforcement and the safe- Make no mistake, this is a serious person who has been convicted repeat- ty of our police officers and the safety amendment. It is, even though not the edly of illegally carrying a handgun. of our citizens, it would create a intention of the author, a dangerous Therefore, we can place arms traf- logistical nightmare. A police officer amendment. There will be needless suf- fickers in this lineup. making a stop of a car would have to fering, injuries, and deaths if this Mississippi law leaves access to con- have in front of him or her the laws of amendment is agreed to. cealed carry permits for members of all 45 States that now allow or whose I talked to my colleague Senator hate groups. residents would now be allowed or even THUNE. We are friends. We saw each Alaska and Vermont allow adult resi- whose people had gotten carry permits other in the gym this morning. He said dents of their States to carry a con- who would now be allowed to carry to me: What about truckdrivers who cealed weapon without a license or concealed weapons in New York. have the gun in the cab of their truck background check as long as they are What about States rights? I have not and ride across State lines? I am sym- allowed to possess a gun, even if they been on the side—it is obvious—of the pathetic to that. I supported laws that have committed violent misdemeanors, gun lobby for as many years as I have allow police officers in New York to have committed misdemeanor sex of- been here in the House and Senate. I carry their gun when they cross over fenses against minors or are dan- have always believed, though, there is into New Jersey to shop or whatever. gerously mentally ill and have been a right to bear arms and that it is un- But you do not need this law to deal voluntarily committed to a mental in- fair to say the second amendment with that problem, because it creates stitution. should be seen through a pinhole and so many other issues. There are ways Again, each State has its own views. the first, third, fourth, fifth, sixth, sev- we can deal with the problem that the The State of Vermont is a beautiful enth, and eighth amendments should Senator from South Dakota brought up

VerDate Nov 24 2008 00:39 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.046 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7754 CONGRESSIONAL RECORD — SENATE July 21, 2009 to me in the gym this morning, with- vival from certain diseases and illness, So he did what he was supposed to do. out decimating State laws that protect and mortality rates. There is some- He went to his insurance company and individual safety. thing to be learned here about how we said: The doctor is recommending a Make no mistake about it, this can be more effective in providing surgery, and I want to know if it will amendment would affect every State in health care for our citizens and not be covered by my health insurance. the country, but I do not see the Gov- break the bank. Well, the health insurance company ernors on board. It would affect every Most Americans know what I am sent back to him written confirmation city in the country. I don’t see the talking about when I talk about cost, that the costs of the surgery would be mayors on board. It would affect every because they are facing cost issues covered by his health insurance. So he county in the country, but I don’t see every day. They know health insurance went through with the surgery and the sheriffs on board. It would affect premiums in America in the last sev- ended up incurring $148,000 in medical every town in the country, but I don’t eral years have gone up three times bills. see police chiefs on board. faster than the incomes and wages of I think you know how this story Before we rush to judgment, Americans. We have learned it is not ends. They turned in the bills to the in- shouldn’t we ask our Governors, our unusual for one-fourth of Americans to surance company, and they denied mayors, our sheriffs, our police chiefs spend 1 out of every $10 in income for them. They said: We did not really ap- if this will make our communities health insurance. Some, a smaller prove this surgery. You should have safer or less safe? If this will put the group but a significant group, spend up taken a more conservative approach to men and women, the brave men and to $1 out of every $4 in income on it. women who defend us and protect us on health insurance. The number keeps Well, he thought he had done every- police forces, in jeopardy? Why don’t going through the roof with no end in thing he was supposed to. What fol- we seek their guidance? sight. It worries us, not just as individ- lowed was a battle with this insurance I urge my colleagues to give thought- uals and members of families, but busi- company, day after day, month after ful and careful consideration to the nesses that are trying to do the right month, while people were saying: Send us the $148,000. This man of limited consequences of the Thune amendment. thing for their employees and be com- means was fighting to finally get this I believe if they do, they will vote petitive. against it tomorrow at noon. It worries units of government be- health insurance company to pay what I yield the floor. cause, whether it is your State govern- they promised to pay. It took him I suggest the absence of a quorum. ment providing assistance for Medicaid months. When it was all over, Mr. Napientek, The PRESIDING OFFICER. The or whether it is the Federal Govern- Michael Napientek, ended up with cov- clerk will call the roll. ment concerned about Medicare and erage. Had he failed to get the coverage The bill clerk proceeded to call the Medicaid, the costs of health care are for that surgery, it would have wiped roll. growing so quickly that they could eas- out his entire life’s savings. That is the Mr. DURBIN. Mr. President, I ask ily put us into a perpetual debt situa- unanimous consent the order for the reality of health care. That is the situ- tion, something we do not want to see, ation too many people find themselves quorum call be rescinded. something we cannot leave to our chil- The PRESIDING OFFICER. Without in, so vulnerable in a situation where dren. one medical bill denied by an insurance objection, it is so ordered. Now we are debating in the House company bureaucrat can literally wipe Mr. DURBIN. I ask unanimous con- and in the Senate, in a variety of dif- sent to speak as in morning business. out their life’s savings. ferent committees, how to change this We can do better. We have to do bet- The PRESIDING OFFICER. Without health care system. Needless to say, it objection, it is so ordered. ter. That is what this debate is all is a contentious debate. There are a lot about. First, we have to reduce the HEALTH CARE REFORM of different points of view. There are cost of health care for families and Mr. DURBIN. Mr. President, as we some people and companies in America businesses and governments across meet here today we are discussing the that want no change in our health care America. There are ways to do that. Defense authorization bill. We debate system. Most people do. Some don’t. We can lower costs to make sure every it each year. It is basically an author- Many of those who are resisting American has access to insurance. We ization for the expenditure of funds in change, who are unwilling to support can make it clear that no one can be defense of America. It is a significant the President’s efforts to move us in turned down for insurance coverage be- bill with a lot of different parts. I com- this direction, are the very same com- cause of a preexisting condition. We mend the Senators who have brought panies and people who are profiting can make certain there is no discrimi- this to the floor, Senator CARL LEVIN, from the current system. nation in the premiums that are the chairman of the Armed Services Make no mistake, when you spend charged individual Americans because Committee, and his Republican coun- billions of dollars on a system, much one is a male and another female; one terpart, Senator JOHN MCCAIN. more than any other country, you are is a certain age and another not. We I know this bill is important and I going to end up in a situation where can make certain there is more fair- know we will be returning to sub- many people are profiting handsomely ness in the way people are treated by stantive amendments on this bill very from the current system. When you these health insurance companies. shortly. But while we have this break talk about reform—reducing the cost, This idea of denying coverage for pre- in the action, I want to address another reducing the payments, being more existing conditions, imagine how frus- issue which is being debated in almost cost effective—these people see money trating that must be to realize that if every corridor on Capitol Hill, and that going out the window, and they are you turned in a claim this year on your is the issue of health care reform. It is going to fight it. health insurance because you had a bad an interesting issue and an amazing That is what the battle is all about. back, and you went to the doctor next challenge to this Congress, to try to We have been through it before, and year, when it came time for surgery grapple with the health care system in now we have returned to it. But in ad- they would not cover it. the most prosperous Nation on Earth. dition to cost, there is also the issue of This happened to a friend of mine, a Despite our prosperity, we know the availability of health insurance. fellow I grew up with in East St. Louis, there is something fundamentally This morning’s Chicago Tribune, on IL, in the trucking business. He not flawed with our health care system. We the front page, told the story of a man only owned the business, he drove the spend more than twice as much per who sadly is one of the victims of this trucks. When he reached 60 years of person in America on health care as situation. He lives in a suburb of Chi- age, his back was killing him. Well, at any other country, and the results do cago, and he works as a doorman at that point his company had lost its not show that money is being well one of the buildings. He had a bad health insurance. Why? Because the spent. Many other countries, spending back. He finally was told—he tried a wife of one of the employees had a sick a fraction of what the United States lot of conservative treatment; it just baby. Her sick baby incurred a lot of spends, end up with very different and did not work—you are going to have to medical bills, and the cost of health in- much better results in terms of sur- have back surgery. surance went through the roof. They

VerDate Nov 24 2008 00:39 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.047 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7755 had to cancel the company’s health in- is a good policy that covers the basic seen others and what they have gone surance, give the employees some needs. There are policies that do not. through. money, and say: Fend for yourself. They sell health insurance you can af- TEDDY KENNEDY reminds us that He was in the same boat. He went out ford, and guess what. It is worthless. these opportunities do not come to get private health insurance, com- That is not good for America and it is around very often. There is lots we can plained about a bad back. The fol- not good for our families. debate and argue about, but at the end lowing year when the doctor said he There are ways to lower costs. We of the day the American people want to needed back surgery, he turned in a ought to be pushing for prevention. We see the debate end. They want to see us claim to his health insurance company, ought to be trying to find ways to keep acting together responsibly for health and they said: No, it is a preexisting people well, incentives for the right care that is centered on patients; to condition. We will not cover your back conduct and healthy outcomes. Right make sure they have a health insur- surgery. now there is not much of a reward or ance policy they like, that they can Do you know what he had to do? He an incentive for wellness. We also have keep; to make certain they have a good ended up filing a worker’s compensa- to give support to small businesses. strong confidential relationship with tion claim claiming that his back inju- When we look at the insured in Amer- their doctors for themselves and their ries had to do with bouncing around in ica, most of them are small business families; to make sure, as well, they a truck for 30 or 40 years, not an unrea- employees and their children. The are not excluded from coverage for pre- sonable conclusion. Do you know who poorest people in America are covered existing conditions; to make sure that he sued? He sued himself. He sued as an by Medicaid, the government health in- health insurance is going to be afford- employee of the company. He sued surance, as they should be. able; and to make sure it covers all himself as owner of the company. Folks are fortunate, like myself, Americans. Is that crazy to reach that point? under the Federal Employees Health We can do it. We are a great and And he won, incidentally. They said it Benefits Program, and most others who prosperous nation. We have a President is subject to worker’s compensation. have health insurance policies, to have who is committed to it. And working We will pay for the surgery. coverage. But the folks in the middle with him on a bipartisan basis we can He had done everything right, pro- who get up and go to work every day get this done. We can work with the viding health insurance for his employ- for the small businesses of America— health care professionals—the doctors, ees until he could not afford it, trying and their kids—are the ones who do not the nurses, those leading hospitals— to get private insurance for himself at have coverage. We can do better. who can show us the way to reduce the the age of 60, then turning in a claim One of the proposals before us in Con- cost of care without reducing its qual- and being turned down. He could have gress is to make sure small businesses ity. been wiped out by that surgery, just as can start getting into pools where they This is our chance. For those who are the man on the front page of the Chi- can use that pooling power to reach saying no, that they want the status cago Tribune. quo, they do not want to change it, We are all in this vulnerable situa- out and have health insurance coverage that is affordable. That is within our only a small percentage of Americans tion because the health insurance com- agree with them. Most Americans panies have so much power over our reach. Senator REED is on the Senate floor agree what I have talked about today lives. I listen to those on the other side today. He and I were fortunate enough needs to be done. We have to overcome of the aisle who come—not all of them to be at lunch today when our col- those voices of negativity and doubt but many—every single day and say we who continue to come to the Senate do not need to change this system. Who league from Connecticut, CHRIS DODD, got up and spoke about what had hap- floor, those who create fear of change. are they talking to? Who are they lis- Let me tell you, this is a great, pened in the HELP Committee, the tening to? They are not listening to strong country that tackles big prob- Health, Education, Labor and Pensions people like these who find out every lems. We have never been assigned a Committee, in preparing a bill on day that they do not have coverage, bigger assignment than this one, health care reform. There were 800 that the cost of insurance is too high, health care for America. It touches all that their doctor is in a debate with a amendments filed. They met for 61 300 million of us. We have to make sure clerk at an insurance company over days. Some 400 amendments were con- it is done fairly, done effectively, and whether they are going to get the nec- sidered and voted on. Over 100 of those done quickly. If we let this drag out for essary and proper treatment for a med- were from the Republican side of the months beyond this year, it is going to ical condition. That is the reality. aisle. They were trying their best to be harder and harder for us to reach There are many ways to address this, create a bipartisan compromise to get our goal. and we should. We have to address it by through the bill. I encourage my colleagues on both making sure everyone has access to But Senator DODD came up and sides of the aisle to work toward that health insurance regardless of pre- talked about this, not in terms of a goal, make certain that President existing conditions, health status for a specific bill and its provisions; he Obama’s leadership is rewarded with medical condition. We have to get rid talked about the historic opportunity health care reform that does make a of the so-called lifetime caps. we have. He said for many of us, for difference. Imagine that a diagnosis tomorrow most of us now serving in the Senate, I yield the floor. that you or someone you love in your this may be the only time in our polit- The PRESIDING OFFICER. The Sen- family has a chronic condition that is ical careers when we can change the ator from Missouri. going to call for medical treatment for health care system for the better; when AMENDMENT NO. 1501 a long period of time, and then you re- we can make sure that people in Amer- Mr. BOND. Mr. President, I rise alize there will come a moment when ica have a better chance to be able to today to discuss an amendment that I that health insurance company would afford the cost of health care. am cosponsoring with my friend and say: We are out of here. You just broke He certainly inspired us when he fellow cochair of the Senate National the bank. You hit the cap on your pol- pulled out this magazine and showed us Guard Caucus, Senator LEAHY. We will icy. a picture of our colleague, Senator be introducing a bipartisan amendment We have to put an end to that. We TEDDY KENNEDY, on the cover of News- to strengthen one of our Nation’s most also have to limit the out-of-pocket ex- week, and the quote from TED KENNEDY important military and civilian re- penses individuals have to pay. There that says: ‘‘We’re almost there.’’ sources, the National Guard. comes a point where people cannot af- There is a long essay in here about The National Guard, as I think ev- ford this expense. We have to require TED KENNEDY’s terrific public career erybody in this body knows, has a long equal treatment for men and women— and how much of it has been spent on and proud history of contributing to Black, White, and brown, young and this issue of health care; what it meant America’s military operations abroad old, whether they live in a rural area to him personally when his son was di- while providing vital support and secu- or in a city. agnosed with bone cancer and had to rity to civil authorities at home. We have to make sure if a health in- have his leg amputated; what he went Since September 11, 2001, our citizen surance policy in America is offered, it through in a plane crash; when he has soldiers and airmen have taken on

VerDate Nov 24 2008 04:00 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.050 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7756 CONGRESSIONAL RECORD — SENATE July 21, 2009 greater responsibilities and risk, from we can do to make this unique arrange- side their State or territory. Time and fighting in Iraq and Afghanistan to ment work more smoothly. The Guard time again, we have seen Reserve units providing critical disaster assistance in will continue to play a critical role in stationed within close proximity to a the United States. response to another natural disaster natural or manmade disaster forced to Now we see the tremendous value of or, heaven forbid, terrorist attack. To stand by and watch when they could the National Guard forces every time the men and women of the National have been assisting injured victims in we look as they confront terrorists, Guard, we say: Thank you for that sup- preventing loss of property. This provide critical support in unique areas port. amendment ensures that all available such as Afghanistan where the agri- But more needs to be done. The military forces be utilized as early as business development teams are work- amendment we are introducing today possible in an emergency situation. ing to help provide agricultural know- to strengthen the Guard consists of two This way, our State leaders can act how and better income to the farmers planks which are designed, first, to in- more quickly and decisively to miti- of Afghanistan, to areas where they crease the Guard’s voice inside the gate disasters at home. Our citizen sol- provide water, food, and health sup- Pentagon and, second, to clarify how diers stand ready to defend the Nation, plies to victims of natural disasters. the Federal military support to civil secure our homeland from natural dis- Furthermore, the Guard is a tremen- authorities will occur here at home. asters and terrorist attacks, and are dous value for the capability it pro- We would give the Chief of the Na- now fighting overseas in the war on vides our Nation. It provides 40 percent tional Guard more muscle in the Pen- terror. Neither the homeland response of the total military force for around tagon, providing a seat for him on the nor the Federal military support mis- 4.5 percent of the budget. In other Joint Chiefs of Staff. With 40 percent of sions of the Guard are likely to dimin- words, the Guard provides tremendous the force, one would think that big a ish in importance at any time in the bang for the buck. portion of our total military capability foreseeable future. In fact, the need for There is no doubt today we are ask- would deserve to sit with the out- the National Guard is greater now than ing more from the men and women of standing leaders of the Army, the Air ever before. Now more than ever, as the National Guard than ever before, Force, the Marines, and others who are budgets are constrained and entitle- often at great cost to their families there. One would think this large a seg- ments continue to grow at alarming and their own lives. ment of our force would be represented. rates, we should not be looking to re- I think this means we have a heavy When we have big decisions on the fu- duce the Guard but, rather, fully to responsibility to support our citizen ture of our resource allocation for the man and equip it. soldiers and airmen in their unique military—title X and, in this case, also We have a responsibility to give the dual mission of developing military title XXXII—they ought to be at the Guard the equipment, resources, and support abroad and providing homeland table. bureaucratic muscle they need to meet defense stateside. Last year—I thank my colleagues— their critical dual mission. In order to While serving abroad, National Guard we successfully authorized the pro- do so, it is imperative we strengthen troops serve under Air Force and Army motion of the Chief of the National the decisionmaking capability of Commands in what is known as title 10 Guard to the rank of four-star general Guard leaders within the Department status, which refers to the section in in last year’s empowerment legislation. of Defense and make sure they are at the U.S. Code dealing with the mili- Additionally, this year’s empowerment the table. tary. But when the Guard operates at amendment will make certain that the As one former leader of the Guard home, they serve under the command Chief of the National Guard Bureau has said: If you want us in on the big plays, and control of the Nation’s Governors a Vice Chief in the grade of lieutenant at least let us in the huddle when you in title 32 status. general. When you are dealing with are planning to call those plays. That I had the honor of serving as com- that many problems, there is a major is what this amendment does. mander in chief of the Missouri Na- operation that needs to be handled by a tional Guard for 8 years. I can tell you deputy to the four-star Chief of the Na- I thank my colleagues for their past that Missouri has a wide range of nat- tional Guard. It is critical to the day- support of the Guard. I join with Sen- ural and sometimes human disasters to-day operations of the National ator LEAHY in asking for continued ranging from tornadoes and floods to Guard Bureau and to ensure the Guard support of the National Guard by vot- blizzards and ice storms. I called out is adequately represented inside the ing for this amendment. the Guard for every single one of those Pentagon. I yield the floor. and several more I probably cannot This amendment will also fill the AMENDMENT NO. 1597 even remember: threatened prison in- gaps between civilian and military The PRESIDING OFFICER. The Sen- surrections, other civil disobedience, to emergency response capabilities. We ator from Kansas. tracking down escapees from prison. would give the National Guard Bureau, Mr. BROWNBACK. Mr. President, I Right after Katrina—I think it was in consultation with the States’ adju- ask unanimous consent to set aside the about a year after Katrina—I visited tant generals, budgetary power to iden- pending Thune amendment and call up Jefferson Barracks, MO, where one of tify, validate, and procure equipment my amendment No. 1597. our National Guard engineer units is essential to their unique domestic mis- The PRESIDING OFFICER. Without stationed. sions so they will be better prepared to objection, it is so ordered. They told me proudly that when respond to emergencies here at home. The clerk will report. Katrina hit, they immediately sent one The next time they call for a second of their National Guard battalions to engineer battalion, I hope we have the The assistant bill clerk read as fol- Katrina. They had all the equipment, equipment to send one to whatever lows: the high-wheeled vehicles, the commu- State or maybe our own State where The Senator from Kansas [Mr. nications equipment. They did such a they are needed. BROWNBACK], for himself, Mr. BAYH, Mr. KYL, wonderful job, the adjutant general of The amendment also supports the and Mr. INHOFE, proposes an amendment Louisiana called and said: You have designation of National Guard general numbered 1597. two more battalions; send us another officers as commanders of Army North Mr. BROWNBACK. I ask unanimous one. They said: That is where the prob- and Air Force North commands. This consent that reading of the amendment lem comes in. We only have equipment will ensure unity of effort and of com- be dispensed with. for one out of three battalions. The mand between the National Guard in The PRESIDING OFFICER. Without Guard was one-third resourced. We the 54 States and territories and the objection, it is so ordered. could have sent them down there in very important U.S. North command (Purpose: To express the sense of the Senate tennis shoes and a taxicab, but they which protects the United States in the that the Secretary of State should redesig- needed the equipment that an engineer continental United States. nate North Korea as a state sponsor of ter- battalion has to deal with the problems Finally, our amendment gives State rorism) of the aftermath of the floods and the Governors tactical control of Federal At the end of subtitle C of title XII, add hurricane. I think there is a lot more troops responding to emergencies in- the following:

VerDate Nov 24 2008 00:39 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.051 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7757 SEC. 1232. SENSE OF THE SENATE ON REDESIG- it abandons its pursuit of weapons of mass (See exhibit 2.) NATION OF NORTH KOREA AS A destruction and their means of delivery.’’. Mr. BROWNBACK. If that is not STATE SPONSOR OF TERRORISM. (b) SENSE OF THE SENATE.—It is the sense enough to relist them as a state spon- (a) FINDINGS.—The Senate makes the fol- of the Senate that the Secretary of State sor of terrorism, I don’t know what is. lowing findings: should designate North Korea as a country But there is a full record we can go for- that has repeatedly provided support for acts (1) On October 11, 2008, the Department of ward with on relisting North Korea as State removed North Korea from its list of of international terrorism for purposes of— (1) section 6(j) of the Export Administra- a state sponsor of terrorism. At the state sponsors of terrorism, on which it had outset, I think we ought to look at this been placed in 1988. tion Act of 1979 (50 U.S.C. App. 2405(j)) (as (2) North Korea was removed from that list continued in effect pursuant to the Inter- and say this is an extremely tough sit- despite its refusal to account fully for its ab- national Emergency Economic Powers Act uation for the United States. It is one duction of foreign citizens, proliferation of (50 U.S.C. 1701 et seq.)); on which we need to take aggressive nuclear and other dangerous technologies (2) section 40 of the Arms Export Control action to confront them on what they and weapon systems to terrorist groups and Act (22 U.S.C. 2780); and are doing to militarize some of the other state sponsors of terrorism, or its com- (3) section 620A of the Foreign Assistance worst places and worst actors around Act of 1961 (22 U.S.C. 2371). mission of other past acts of terrorism. the world and what North Korea is (3) On March 17, 2009, American journalists Mr. BROWNBACK. Mr. President, doing to threaten interests of the Euna Lee and Laura Ling were seized near this is a bipartisan amendment put for- United States. the Chinese-North Korean border by agents ward by Senator BAYH and myself. I All this is taking place while Kim of the North Korean government and were ask unanimous consent that Senators subsequently sentenced to 12 years of hard Jong Il is ill. To what degree, we don’t KYL and INHOFE be added as cosponsors. know for sure. A succession is being labor in a prison camp in North Korea. The PRESIDING OFFICER. Without (4) On April 5, 2009, the Government of discussed. Of what nature, we are not North Korea tested a long-range ballistic objection, it is so ordered. sure. But clearly North Korea is doing missile in violation of United Nations Secu- Mr. BROWNBACK. This is a bipar- the most provocative things they have rity Council Resolutions 1695 and 1718. tisan resolution and sense of the Sen- probably done in the history of that (5) On April 15, 2009, the Government of ate that the administration should provocative nation. It is taking place North Korea announced it was expelling relist North Korea as a state sponsor of right now. We should notice it and rec- international inspectors from, and re- terrorism. As my colleagues know, the ognize these are terrorist actions. We commissioning, its Yongbyon nuclear facil- Bush administration, through a great ity and ending its participation in disar- should clearly call for them to be re- deal of hoopla, listed North Korea as a listed. mament talks. state sponsor of terrorism. They took (6) Those actions were in violation of the I have, many times, spoken before re- June 26, 2008, announcement by the Presi- them off the list in spite of such ter- garding the long and outrageous list of dent of the United States that the removal rible and erratic behavior as nuclear crimes of the Kim regime. I will not go of North Korea from the list of state spon- weapons, missile technology, and now through those again at great length. sors of terrorism was dependent on the Gov- taking U.S. citizens hostage and hold- But I will say the crimes committed by ernment of North Korea agreeing to a sys- ing them. Nonetheless, the Bush ad- the North Korean regime include not tem to verify its declarations with respect to ministration, as part of the six-party only those external and diplomatic of its nuclear programs. talks, did an agreement, a deal to nature—violating agreements, treaties, (7) On May 25, 2009, the Government of delist them as a state sponsor of ter- North Korea conducted a second illegal nu- conventions, and proliferating dan- clear test, in addition to conducting tests of rorism. All that got us was more nu- gerous technologies to the world’s its ballistic missile systems launched in the clear weapons, more missiles being worst actors—but the regime has also direction of the western United States. sent off, more provocative action by committed massive and unspeakable (8) North Korea has failed to acknowledge the North Koreans, and a dismal situa- crimes against the North Korean peo- or account for its role in building and sup- tion. ple themselves who for decades have plying the secret nuclear facility at Al What we are asking with the amend- been beaten, tortured, raped, traf- Kibar, Syria, has failed to account for all re- ment is that it is a sense of the Senate ficked, starved, used as medical experi- maining citizens of Japan abducted by North that North Korea should be relisted as Korea, and, according to recent reports, con- ments, subjected to collective familial tinues to engage in close cooperation with a state sponsor of terrorism. punishment, and executed in the most the terrorist Iranian Revolutionary Guard In that regard, I wish to enter a few brutal and painful ways. If you want Corps on ballistic missile technology. items in the RECORD to be printed at further details on that, read yester- (9) There have been recent credible reports the end of my presentation that are day’s Washington Post article. that North Korea has provided support to the currently in the news. This is yester- Hundreds of thousands languish in terrorist group Hezbollah, including by pro- day’s front page of the Washington the gulag and concentration camps viding ballistic missile components and per- Post where it talks about ‘‘[North] Ko- spread out over the entire country. All sonnel to train members of Hezbollah with rea’s Hard-Labor Camps: On the Diplo- the while, the world watches and respect to the development of extensive un- matic Back Burner.’’ wrings its collective hands. As we derground military facilities in southern I ask unanimous consent that this Lebanon, including tunnels and bunkers. pledged never again, we watch as yet (10) The 2005 and 2006 Country Reports on full article be printed in the RECORD. again another criminal regime com- Terrorism of the Department of State state, The PRESIDING OFFICER. Without mits a genocide. Never again becomes with respect to Cuba, Iran, North Korea, and objection, it is so ordered. yet again. Syria, ‘‘Most worrisome is that some of (See exhibit 1.) I have introduced legislation to ad- these countries also have the capability to Mr. BROWNBACK. That is an old dress these issues. I hope the Foreign manufacture WMD and other destabilizing story. Unfortunately, we know very Relations Committee can find time to technologies that can get into the hands of well about the gulags that exist in take it up. terrorists. The United States will continue North Korea and the 200,000 people we The amendment before us today deals to insist that these countries end the support believe are in those. Here is today’s with another aspect of the North Ko- they give to terrorist groups.’’. Washington Post. This was new infor- rean criminal state, its longstanding (11) President Barack Obama stated that actions of the Government of North Korea mation I found shocking: North Korea and robust sponsorship of international ‘‘are a matter of grave concern to all na- building mysterious military ties with terrorism. The amendment would place tions. North Korea’s attempts to develop nu- the military junta in Burma now tak- the Senate on record as standing for clear weapons, as well as its ballistic missile ing place and the possibility of them the proposition that North Korea’s hos- program, constitute a threat to inter- giving military equipment and sup- tile and provocative actions will not be national peace and security. By acting in plies, I suppose possibly even nuclear ignored. Indeed, they will have mean- blatant defiance of the United Nations Secu- arms and missile technology, to the ingful consequences under the law. rity Council, North Korea is directly and military government in Burma. This amendment, of which Senator recklessly challenging the international community. North Korea’s behavior in- I ask unanimous consent that this be BAYH is the lead cosponsor, expresses creases tensions and undermines stability in printed in the RECORD at the end of my the sense of the Senate that the Sec- Northeast Asia. Such provocations will only statement. retary of State should redesignate serve to deepen North Korea’s isolation. It The PRESIDING OFFICER. Without North Korea as a state sponsor of ter- will not find international acceptance unless objection, it is so ordered. rorism based on its nuclear and missile

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At technologies that can get into the hands of done ones we know about of nuclear terrorists. the time, this is what President Bush weapons detonation or the ones of mis- If that was the justification for the said to the North Korean regime upon sile technology being launched. Why do terror list in 2006, certainly North Ko- announcing that North Korea would be we need to wait longer? removed. He said: rea’s actions today fit that standard— I recognize this is a sense of the Sen- We will trust you only to the extent that perhaps even more so than back then, ate, so it is just a sense of this body. you fulfill your promises. If North Korea and I believe it is more so. But this body has had a strong impact We cannot have it both ways. If we makes the wrong choices, the United States in prior actions when we took a sense- removed North Korea from the ter- will act accordingly. of-the-Senate resolution to list the rorism list last year as a reward for its They have made the wrong choices. Revolutionary Guard in Iran, that we We should act accordingly. dubious cooperation on nuclear weapons, we would only be reversing that believed they should be listed as a At the same time, then Candidate state sponsor of terrorism. The admin- Obama said: step by adding it back after the regime betrayed its commitments and fol- istration acted not long after that to Sanctions are a critical part of our lever- list them as a state sponsor of ter- age to pressure North Korea to act. They lowed up with hostile and provocative should only be lifted based on North Korean actions. rorism. performance. If the North Koreans do not I would also like to address this I believe if this body took strong ac- meet their obligations, we should move issue: It often has been raised with tion here now and said we believe quickly to reimpose sanctions that have me—and the Secretary of State herself North Korea should be relisted as a been waived and consider new restrictions has raised this indirectly with me— state sponsor of terrorism, it would going forward. that the multiple statutes that control send a very strong and proper signal to They have not lived up to their obli- the list of state sponsors of terrorism the administration—not that we are gations. They have continued provoca- do not provide the legal ability for the doing your job, but we believe this is tive actions. They should be relisted. Secretary of State to redesignate. I the case and this is something that is Let’s examine how well the North think this argument is flawed, and I meritorious toward North Korea and Korean regime has lived up to its com- would like to summarize that by read- its actions. mitment since being removed from the ing the relevant portions of each of That is why I urge my colleagues to list. Since removal last October, the these acts, because here is the key support the bipartisan Bayh- North Korean regime has done the fol- point on it, that they are saying: Well, Brownback amendment and vote for lowing: launched a multistage ballistic we have to find factual basis that is this amendment to the Defense author- missile over Japan in violation of U.N. different from the first round for us to ization bill. Security Council sanctions; kidnapped do that. We are going through a legal Mr. President, with that, I yield the and imprisoned two American journal- review of doing this. But here the state floor. ists and sentenced them to 12 years of sponsor of terrorism list is controlled EXHIBIT 1 hard labor in a North Korean prison under two different acts: the Arms Ex- [From the Washington Post, July 20, 2009] camp; pulled out of the six-party talks port Control Act and the Foreign As- N. KOREA’S HARD-LABOR CAMPS: ON THE vowing never to return; kicked out sistance Act. DIPLOMATIC BACK BURNER international nuclear inspectors and As to countries covered by the prohi- (By Blaine Harden) American monitors; restarted its nu- bition, it says this. This is quoting SEOUL.—Images and accounts of the North clear facilities; renounced the 50-year from the Arms Export Control Act: Korean gulag become sharper, more armistice with South Korea; detonated The prohibitions contained in this section harrowing and more accessible with each a second illegal nuclear weapon; apply with respect to a country if the Sec- passing year. launched additional short-range mis- retary of State determines that the govern- A distillation of testimony from survivors siles; is preparing to launch long-range ment of that country has repeatedly pro- and former guards, newly published by the missiles capable of reaching the United vided support for acts of international ter- Korean Bar Association, details the daily rorism. lives of 200,000 political prisoners estimated States; and today news accounts are to be in the camps: Eating a diet of mostly reporting about North Korean pro- That is what it says in the Arms Ex- corn and salt, they lose their teeth, their liferation to the Burmese junta, includ- port Control Act. The list I have just gums turn black, their bones weaken and, as ing perhaps nuclear proliferation. read goes through what has taken they age, they hunch over at the waist. Most Add to this a long history of other place, and they are clearly and repeat- work 12- to 15-hour days until they die of ongoing illicit operations that finance edly providing support for acts of inter- malnutrition-related illnesses, usually the North Korean regime’s budget, in- national terrorism. It does not say around the age of 50. Allowed just one set of cluding the following: extensive drug anything about they cannot be relisted clothes, they live and die in rags, without smuggling; massive and complex oper- soap, socks, underclothes or sanitary nap- or we have to go through some elabo- kins. ations to counterfeit U.S. currency, rate finding process, that it cannot be The camps have never been visited by out- many of which are believed to be in based on actions they have done. These siders, so these accounts cannot be independ- wide circulation; money laundering; are the actions they have done in the ently verified. But high-resolution satellite terrorist threats by the regime against last 6 months that are of public record. photographs, now accessible to anyone with the United States, Japanese, and South And it says the Secretary of State an Internet connection, reveal vast labor Korean civilians. That is what this re- makes this determination and has fair- camps in the mountains of North Korea. The gime and group has done and is doing. ly wide discretion to be able to do it. photographs corroborate survivors’ stories, That is some of what they have done Under section 628 of the Foreign As- showing entrances to mines where former prisoners said they worked as slaves, in- since they were delisted from the ter- sistance Act, it says: The United camp detention centers where former guards rorist list. States shall not provide any assistance said uncooperative prisoners were tortured What have we done in response? The to any country if the Secretary of to death and parade grounds where former U.N. Security Council has passed an- State determines that the government prisoners said they were forced to watch exe- other sanctions resolution similar to of that country has repeatedly pro- cutions. Guard towers and electrified fences the same resolution North Korea has vided support for acts of international surround the camps, photographs show. brazenly violated to get us to this terrorism. ‘‘We have this system of slavery right point. In 2006, the State Department, in Again, the statute is very broad in its under our nose,’’ said An Myeong Chul, a camp guard who defected to South Korea. its terrorism report, said this about statement. It does not say anything ‘‘Human rights groups can’t stop it. South keeping North Korea on the list: North about they cannot relist them. It says Korea can’t stop it. The United States will Korea ‘‘continued to maintain their they can do this on the discretion of have to take up this issue at the negotiating ties to terrorist groups.’’ the Secretary of State. table.’’

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But for nearly a decade, despite revelations government of Kim Jong Il has created a per- ‘‘When I finally got to the camp, I actually in scholarly reports, TV documentaries and manent security flash point on the Korean gained weight,’’ said Jung, who worked sum- memoirs, South Korea avoided public criti- Peninsula—and effectively shoved the issue mers in cornfields and spent winters in the cism of the North’s gulag. It abstained from of human rights off the negotiating table. mountains felling trees. voting on U.N. resolutions that criticized ‘‘Talking to them about the camps is ‘‘Most people die of malnutrition, acci- North Korea’s record on human rights and something that has not been possible,’’ said dents at work, and during interrogation,’’ did not mention the camps during leadership David Straub, a senior official in the State said Jung, who has become a human rights summits in 2000 or 2007. Meanwhile, under a Department’s office of Korean affairs during advocate in Seoul. ‘‘It is people with perse- ‘‘sunshine policy’’ of peaceful engagement, the Bush and Clinton years. There have been verance who survive. The ones who think South Korea made major economic invest- no such meetings since President Obama about food all the time go crazy. I worked ments in the North and gave huge, uncondi- took office. hard, so guards selected me to be a leader in tional annual gifts of food and fertilizer. ‘‘They go nuts when you talk about it,’’ my barracks. Then I didn’t have to expend so The public, too, has been largely silent. said Straub, who is now associate director of much energy, and I could get by on corn.’’ ‘‘South Koreans, who publicly cherish the Korean studies at Stanford University. DEFECTORS’ ACCOUNTS virtue of brotherly love, have been Nor have the camps become much of an Human rights groups, lawyers committees inexplicably stuck in a deep quagmire of in- issue for the American public, even though and South Korean-funded think tanks have difference,’’ according to the Korean Bar As- annotated images of them can be quickly detailed what goes on in the camps based on sociation, which says it publishes reports on called up on Google Earth and even though in-depth interviews with survivors and human rights in North Korea to ‘‘break the they have existed for half a century, 12 times former guards who trickle out of North stalemate.’’ as long as the Nazi concentration camps and Korea into China and find their way to South Government policy changed last year twice as long as the Soviet Gulag. Although Korea. under President Lee Myung-bak, who has precise numbers are impossible to obtain, The motives and credibility of North Ko- halted unconditional aid, backed U.N. resolu- Western governments and human groups es- rean defectors in the South are not without tions that criticize the North and tried to timate that hundreds of thousands of people question. They are desperate to make a liv- put human rights on the table in dealing have died in the North Korean camps. ing. Many refuse to talk unless they are with Pyongyang. In response, North Korea North Korea officially says the camps do paid. South Korean psychologists who de- has called Lee a ‘‘traitor,’’ squeezed inter- not exist. It restricts movements of the few brief defectors describe them as angry, dis- Korean trade and threatened war. foreigners it allows into the country and se- trustful and confused. But in hundreds of AN ENFORCER’S VIEW verely punishes those who sneak in. U.S. re- separate interviews conducted over two dec- An Myeong Chul was allowed to work as a porters Laura Ling and Euna Lee were sen- ades, defectors have told similar stories that guard and driver in political prison camps tenced last month to 12 years of hard labor, paint a consistent portrait of life, work, tor- because, he said, he came from a trustworthy after being convicted in a closed trial on ment and death in the camps. family. His father was a North Korean intel- charges of entering the country illegally. The number of camps has been consoli- ligence agent, as were the parents of many of North Korea’s gulag also lacks the bright dated from 14 to about five large sites, ac- his fellow guards. light of celebrity attention. No high-profile, cording to former officials who worked in the In his training to work in the camps, An internationally recognized figure has camps. Camp 22, near the Chinese border, is said, he was ordered, under penalty of be- emerged to coax Americans into under- 31 miles long and 25 miles wide, an area larg- coming a prisoner himself, never to show standing or investing emotionally in the er than the city of Los Angeles. As many as pity. It was permissible, he said, for bored issue, said Suzanne Scholte, a Washington- 50,000 prisoners are held there, a former guards to beat or kill prisoners. based activist who brings camp survivors to guard said. ‘‘We were taught to look at inmates as the United States for speeches and marches. There is a broad consensus among re- pigs,’’ said An, 41, adding that he worked in ‘‘Tibetans have the Dalai Lama and Rich- searchers about how the camps are run: Most the camps for seven years before escaping to ard Gere, Burmese have Aung San Suu Kyi, North Koreans are sent there without any ju- China in 1994. He now works in a bank in Darfurians have Mia Farrow and George dicial process. Many inmates die in the Seoul. Clooney,’’ she said. ‘‘North Koreans have no camps unaware of the charges against them. The rules he enforced were simple. ‘‘If you one like that.’’ Guilt by association is legal under North Ko- do not meet your work quota, you do not eat EXECUTIONS AS LESSONS rean law, and up to three generations of a much,’’ he said. ‘‘You are not allowed to Before guards shoot prisoners who have wrongdoer’s family are sometimes impris- sleep until you finish your work. If you still tried to escape, they turn each execution oned, following a rule from North Korea’s do not finish your work, you are sent to a into a teachable moment, according to inter- founding dictator, Kim Il Sung: ‘‘Enemies of little prison inside the camp. After three views with five North Koreans who said they class, whoever they are, their seed must be months, you leave that prison dead.’’ have witnessed such killings. eliminated through three generations.’’ An said the camps play a crucial role in Prisoners older than 16 are required to at- Crimes that warrant punishment in polit- the maintenance of totalitarian rule. ‘‘All tend, and they are forced to stand as close as ical prison camps include real or suspected high-ranking officials underneath Kim Jong 15 feet to the condemned, according to the opposition to the government. ‘‘The camp Il know that one misstep means you go to interviews. A prison official usually gives a system in its entirety can be perceived as a the camps, along with your family,’’ he said. lecture, explaining how the Dear Leader, as massive and elaborate system of persecution Partly to assuage his guilt, An has become Kim Jong Il is known, had offered a ‘‘chance on political grounds,’’ writes human rights an activist and has been talking about the at redemption’’ through hard labor. investigator David Hawk, who has studied camps for more than a decade. He was among The condemned are hooded, and their the camps extensively. Common criminals the first to help investigators identify camp mouths are stuffed with pebbles. Three serve time elsewhere. buildings using satellite images. Still, he guards fire three times each, as onlookers Prisoners are denied any contact with the said, nothing will change in camp operations see blood spray and bodies crumple, those outside world, according to the Korean Bar without sustained diplomatic pressure, espe- interviewed said. Association’s 2008 white paper on human cially from the United States. ‘‘We almost experience the executions our- rights in North Korea. The report also found INCONSISTENT U.S. APPROACH that suicide is punished with longer prison selves,’’ said Jung Gwang Il, 47, adding that The U.S. government has been a fickle ad- terms for surviving relatives; guards can he witnessed two executions as an inmate at vocate. Camp 15. After three years there, Jung said, beat, rape and kill prisoners with impunity; In the Clinton years, high-level diplomatic he was allowed to leave in 2003. He fled to when female prisoners become pregnant contacts between Washington and China and now lives in Seoul. without permission, their babies are killed. Pyongyang focused almost exclusively on Most of the political camps are ‘‘complete Like several former prisoners, Jung said preventing the North from developing nu- control districts,’’ which means that inmates the most arduous part of his imprisonment clear weapons and expanding its ballistic work there until death. was his pre-camp interrogation at the hands missile capability. There is, however, a ‘‘revolutionizing dis- of the Bowibu, the National Security Agen- President George W. Bush’s administration trict’’ at Camp 15, where prisoners can re- cy. After eight years in a government office took a radically different approach. It fa- ceive remedial indoctrination in socialism. that handled trade with China, a fellow mously labeled North Korea as part of an After several years, if they memorize the worker accused him of being a South Korean ‘‘axis of evil,’’ along with Iran and Iraq. Bush writings of Kim Jong Il, they are released agent. met with camp survivors. For five years, but remain monitored by security officials. ‘‘They wanted me to admit to being a spy,’’ U.S. diplomats refused to have direct nego- Jung said. ‘‘They knocked out my front SOUTH’S CHANGING RESPONSE tiations with North Korea. teeth with a baseball bat. They fractured my Since it offers a safe haven to defectors, After North Korea detonated a nuclear de- skull a couple of times. I was not a spy, but South Korea is home to scores of camp sur- vice in 2006, the Bush administration decided

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In recent months, North Korea has reneged ment from Europe, as well as the arrival in ‘‘We have made clear we expect fair treat- on its promise to abandon nuclear weapons, Burma of North Korean officials associated ment of Aung San Suu Kyi, and we have con- kicked out U.N. weapons inspectors, ex- with the company connected to the Syria re- demned the way that she has been treated by ploded a second nuclear device and created a actor, according to David Albright, director the regime in Burma, which we consider to major security crisis in Northeast Asia. of the Institute for Science and Inter- be baseless and totally unacceptable,’’ Clin- Containing that crisis has monopolized the national Security in Washington. ton said. Obama administration’s dealings with North ‘‘Something may be going on, but no one The National League for Democracy, Suu Korea. The camps, for the time being, are a has any proof. It is a mix of suspicions and Kyi’s party, won a landslide electoral victory non-issue. ‘‘Unfortunately, until we get a concerns,’’ Albright said, adding that close in 1990, but the military leadership refused handle on the security threat, we can’t af- examination of satellite imagery of sus- to accept it. Since then, she has been under ford to deal with human rights,’’ said Peter pected nuclear sites has turned up no evi- house arrest for most of the time, as have Beck, a former executive director of the U.S. dence. But he said that the purchases of hundreds of her supporters. Committee for Human Rights in North high-precision equipment were especially In May, just days before Suu Kyi’s six-year Korea. troubling because the equipment did not term under house arrest was due to expire, A FAMILY’S TRIBULATIONS make sense for use in missiles and it was the government put her on trial for an inci- Kim Young Soon, once a dancer in shipped to educational entities that had con- dent involving a U.S. citizen who swam Pyongyang, said she spent eight years in nections to Burmese nuclear experts. across Rangoon’s Lake Inya to reach Suu Camp 15 during the 1970s. Under the guilt-by- Japanese officials last month also arrested Kyi’s lakefront bungalow and allegedly association rule, she said, her four children three people for attempting to illegally ex- stayed there one or two nights. and her parents were also sentenced to hard port dual-use equipment to Burma, via Ma- Suu Kyi was taken to Rangoon’s notorious labor there. laysia, under the direction of a company in- Insein Prison on charges of violating the At the camp, she said, her parents starved volved in the illicit procurement for North terms of her detention by hosting a for- to death and her eldest son drowned. Around Korean military programs. eigner, which could bring a three- to five- the time of her arrest, her husband was shot Moreover, Albright said, European and year prison term, according to Burmese op- for trying to flee the country, as was her U.S. intelligence agencies have identified position officials. Suu Kyi, 63, is said to be in youngest son after his release from the people associated with Namchongang Trad- poor health and has recently been treated for camp. ing Corp., a North Korean company also dehydration and low blood pressure. It was not until 1989, more than a decade known as NCG, as working in Burma. NCG ‘‘Our position is that we are willing to after her release, that she found out why she reportedly provided the critical link between have a more productive partnership with had been imprisoned. A security official told Pyongyang and Damascus, acquiring key Burma if they take steps that are self-evi- her then that she was punished because she materials from vendors in China and prob- dent,’’ Clinton said. She called on Burmese had been a friend of Kim Jong Il’s first wife ably from Europe and secretly transferring authorities to ‘‘end the violence against and that she would ‘‘never be forgiven them to a desert construction site near the their own people,’’ including ethnic minori- again’’ if the state suspected that she had Syrian town of Kibar. ties, ‘‘end the mistreatment of Aung San gossiped about the Dear Leader. The State Department last month cited Suu Kyi’’ and release political prisoners. She escaped to China in 2000 and now lives NCG for being ‘‘involved in the purchase of The PRESIDING OFFICER. The Sen- in Seoul. At 73, she said she is furious that aluminum tubes and other equipment spe- ator from Rhode Island. the outside world doesn’t take more interest cifically suitable for a uranium enrichment program since the late 1990s.’’ Mr. REED. Mr. President, the chair- in the camps. ‘‘I had a friend who loved Kim man of the Foreign Relations Com- Jong Il, and for that the government killed U.S. officials have observed other troubling my family,’’ she said. ‘‘How can it be justi- connections. The U.S. Navy last month mittee, Senator KERRY, is prepared to fied?’’ closely tracked Kang Nam 1, a rusty North comment and speak. I ask unanimous Korean freighter, after the government in EXHIBIT 2 consent that at the conclusion of his Pyongyang tested a nuclear weapon. Al- remarks, the Senator from Delaware be [From the Washington Post, July 21, 2009] though U.S. officials were never completely CLINTON: U.S. WARY OF GROWING BURMESE, recognized as in morning business. certain the ship was headed to Burma, the The PRESIDING OFFICER. Without NORTH KOREAN MILITARY COOPERATION ship returned to North Korea after the (By Glenn Kessler) United States, China and other countries put objection, it is so ordered. BANGKOK, July 21—The Obama administra- pressure on Burma to respect a United Na- The Senator from Massachusetts. tion is increasingly concerned that nuclear- tions resolution barring most North Korean Mr. KERRY. Mr. President, obviously armed North Korea is building mysterious weapons exports. North Korea’s actions in recent military ties with Burma, another opaque Photographs that have emerged in recent weeks—months, really; testing a nu- country with a history of oppression, Sec- weeks also show an extensive series of 600 to clear device on May 25 and launching retary of State Hillary Rodham Clinton said 800 tunnel complexes and other underground ballistic missiles on July 4—received Tuesday. facilities built in Burma with North Korean the appropriate objection in many dif- ‘‘We know that there are also growing con- technical assistance near its new capital, cerns about military cooperation between Naypyidaw. North Korean officials can be ferent ways of China, Japan, South North Korea and Burma, which we take seri- spotted in the photos, which were taken be- Korea, the United States, and many ously’’ Clinton told reporters after talks in tween 2003 and 2006 and posted on the Web other countries. Clearly, those actions the Thai capital. ‘‘It would be destabilizing site of YaleGlobal Online by journalist Bertil threaten to undermine the peace and for the region. It would pose a direct threat Lintner, an expert on Burma. security of northeast Asia, and the U.S. to Burma’s neighbors.’’ Burma has uranium deposits, but as a sig- response to those actions ought to be U.S. officials traveling with Clinton, who natory to the nuclear Non-Proliferation and, I believe, is already resolute. Treaty, it is required to allow inspections of is in Thailand to attend a regional security China responded very clearly. The forum, said the concerns about Burma and any nuclear facilities. Russia in 2007 agreed North Korea extend to possible nuclear co- to help build a 10-megawatt light-water reac- sanctions have been toughened—indi- operation. North Korea has a long history of tor in Burma, but little appears to have vidual sanctions for the first time. A illicit missile sales and proliferation, includ- come of the project. number of steps were taken by both the ing secretly helping to build a Syrian nu- At the news conference, Clinton also United Nations and China. China, inci- clear reactor that was destroyed in 2007 by strongly criticized the Burmese government dentally, has been unprecedented in Israeli jets. for its well-documented use of gang rape as a the personalization of some of the ‘‘This is one of the areas we’d like to know military tactic, organized by Burmese offi- sanctions that it has put into place. about,’’ said one official. ‘‘We have concerns, cers, against ethnic minorities. A new offen- but our information is incomplete.’’ sive against the Karen ethnic group has sent I know the Senator from Kansas Burma, also known as Myanmar, is re- more than 4,000 refugees fleeing across the cares, obviously, enormously about the garded as one of the world’s most oppressive border into Thailand in recent weeks. underlying issue here. But I have to nations, run by generals who have enriched ‘‘We are deeply concerned by reports of say this amendment, while well in- themselves while much of the country re- continuing human rights abuses within tended, simply does not do what it is mains desperately poor. North Korea is an Burma, particularly by actions that are at- supposed to do. It has no impact other equally grim country, with vast prison tributed to the Burmese military concerning than the sense of the Senate: sending a camps and an ailing dictator, Kim Jong Il. the mistreatment and abuse of young girls,’’ The evidence of growing Burmese-North Clinton said. message which at this particular mo- Korean cooperation since formal ties were The Obama administration is conducting a ment, frankly, works counterproduc- restored in 2007 is extensive, but the full ex- review of its Burma policy, which Clinton tively to other efforts that are under- tent of the military relationship is unclear. said has been placed on hold while Wash- way.

VerDate Nov 24 2008 00:39 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.029 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7761 Right now, the Secretary of State is Well, we have not. It simply does not issue here, the effort at the ASEAN meeting at ASEAN. Right now, the fit under the requirements. Forum is specifically geared to try to various countries involved in this deli- We need to use the right tools. This coordinate our approach with our trea- cate process are working to determine amendment is flawed and I am con- ty allies and with others. We ought to how to proceed forward with respect to vinced could actually undermine what give the administration the oppor- getting back to talks and defusing I know is going on right now in terms tunity to succeed. these tensions. For the Senate just to of efforts by a number of different par- Third, obviously all of us reject the pop on an amendment like this at this ties to try to move this process for- recent actions taken by North Korea. moment in time not only sends a signal ward. This is not the way a responsible There is no doubt about that. But it that complicates that process, but I Senate ought to go about trying to was not so long ago that we were actu- think it also, frankly, will make it deal with an issue with this kind of ally making some progress on the more difficult to secure the return of diplomatic consequence. denuclearization effort. And observers two American journalists, Laura Ling The relisting, incidentally, has no of the region—those who are expert and and Euna Lee. practical effect in terms of anything it who follow it closely—are all in agree- It simply is an inappropriate inter- would do with respect to our current ment as to the rationale which has ference without a foundation, I might policy other than raise the issue with driven North Korea to take some of the add—without a foundation—in the law. respect to the Senate at this moment actions it has taken. Let me be very specific. When Presi- but, as I say, inappropriately with re- I was in China about a month and a dent Bush lifted the designation of ter- spect to the statutes it concerns. half ago. I spent some time with Chi- rorism—in fact, nothing that the Sen- President Bush actually preserved all nese leaders on this issue because one of the tests took place while I was ator from Kansas has laid out here ac- the existing financial sanctions on there and I saw the Chinese reaction up tually is supported either by the intel- North Korea at the time he lifted the close and personal. I saw the degree to ligence or by the facts. I could go terror designation, and he kept them which they were truly upset by it, dis- through his amendment with speci- all in place by using other provisions of turbed by it, and took actions to deal ficity. Let me give an example. This is law. with it. The fact is that they explained from the findings in his amendment: The fact is, this administration has, in fact, responded in order to put real it, as have others, as a reaction by On March 17, 2009, American journalists North Korea to perhaps three things: . . . were seized near the Chinese-North Ko- costs on North Korea for its actions. rean border by agents. . . . We led the international effort at the No. 1, the succession issues in North Korea itself; No. 2, the policies of the He is citing that as a rationale for United Nations Security Council, and South Korean Government over the putting them back on the list. Well, we did enact sweeping new sanctions course of the last year or so; and No. 3, the fact is, the families themselves, as on North Korea, and by all accounts the fact that while they had nuclear well as the two journalists—but the they are biting. weapons and had been engaged in a families—have acknowledged that The U.N. Security Council resolution denuclearization discussion with the they, in fact, were arrested for illegally 1874, passed unanimously, imposed the United States, most of the focus ap- crossing the border. So that is inappro- first ever comprehensive international peared to have shifted to Iran, and priate. But not only is it inappropriate arms embargo on North Korea. Those there was some sense that the focus to cite a fact that is not a fact, but it sanctions are now beginning to take ef- should have remained where those nu- is not a cause for putting somebody on fect. A North Korean ship suspected of clear weapons currently exist. the terrorism list. carrying arms to Burma turned around after it was denied bunkering services So I believe we need to preserve dip- Nowhere do any of the actions cited lomatic flexibility in the weeks and here fit into the statutes that apply to in Singapore, and the Government of Burma itself warned that the ship months ahead. There is an appropriate whether somebody is designated as ap- time for the administration to come to propriately being on the terrorism list. would be inspected on arrival to ensure that it complied with the U.N. arms us. There is an appropriate way for us Let me be more specific about that. to deal with this issue, to sit down with When President Bush took them off the embargo. So that is real. That is happening. Significantly, China has agreed the administration, to make it clear to list, here is what they said. This is the them that we think we ought to do President’s certification: to impose sanctions both on North Ko- rean companies and individuals in- this, to talk with them about it, to en- The current intelligence assessment satis- gage in what the rationale might be fies the second statutory requirement for re- volved in nuclear and ballistic missile proliferation. under the law. But as I say, none of the scission. Following a review of all available reasons that are legitimate under the information, we see no credible evidence at So the sanctions that were recently this time of ongoing support by the DPRK imposed by the Obama administration, law for, in fact, a designated country for international terrorism, and we assess in concert with the international com- as going on the terrorist list is appro- that the current intelligence assessment, in- munity, are having a real impact. So I priate or fit here. I think that is the cluding the most recent assessment pub- think we ought to give them time to most critical reason of all. lished May 21, 2008, provides a sufficient I yield the floor. work. I do not think we ought to come basis for certification by the President to The PRESIDING OFFICER. The Sen- Congress that North Korea has not provided in here and change the dynamics that, ator from Delaware. any support for international terrorism dur- as I say, I know are currently being Mr. CARPER. Mr. President, thank ing the preceding 6-month period. worked on by the Secretary of State. you very much. I thank the floor man- There is no intelligence showing to As we are here in the Senate today, ager on the majority side for this unan- the contrary, as we come to the floor those meetings are taking place. It is imous consent which allows me to pro- here today, and it is inappropriate for better for the United States and the ceed now under morning business. the Senate simply to step in and assert international community to focus our I wish to say a word or two about the to the contrary. efforts on concrete steps rather than Defense authorization bill which is be- Moreover, the President said: resort to a toothless and symbolic ges- fore us, and then I want to pivot. I will Our review of intelligence community as- ture. This will have no impact ulti- talk about the health of our Nation’s sessments indicates there is no credible or mately because we are still going to go defense, but also about the health care sustained reporting at this time that sup- down our course, but it can ripple the of our people. ports allegations (including as cited in re- process which the administration has Let me start off by extending my cent reports by the Congressional Research chosen to pursue. thanks to the leaders of the Armed Service) that the DPRK has provided direct I might also point out, the President Services Committee, Senator LEVIN or witting support for Hezbollah, Tamil Ti- and Secretary of State have been close- and Senator MCCAIN, and their staffs gers, or the Iranian Revolutionary Guard. ly communicating with allies and with Should we obtain credible evidence of cur- for the good work they have done. I rent DPRK support for international ter- partners in the region. They are cur- wish to thank Senator REED of Rhode rorism at any time in the future, the Sec- rently involved in discussions with Island for his contributions as well. retary could again designate DPRK a state China, Russia, South Korea, and Japan Standing here on the floor, I am look- sponsor of terrorism. on this issue. Even as we debate the ing at Senator REED, a graduate of the

VerDate Nov 24 2008 00:44 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.056 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7762 CONGRESSIONAL RECORD — SENATE July 21, 2009 Military Academy at West Point, and different functions that the F–22 can- health care, better outcomes, better right across the aisle, at Senator not for a lot less money. The adminis- quality of health care at a lower price. MCCAIN, a graduate of the Naval Acad- tration, I think wisely, said as hard as The names are beginning to become emy. It is great to have that kind of it is sometimes to stop the production familiar to us. Some are already famil- experience here in the Senate. They are line on aircraft, in this case the F–22, iar: Mayo in Minnesota, and now they sitting on opposite sides of the aisle, in terms of what is cost effective, we have an operation down in Florida too coming from schools that are some- need to refocus on the F–35 and on to see if that model will work in Flor- times thought to be rivals, but they counterinsurgency, preparing for those ida, and it has; Kaiser Permanente in are able to work together when we kinds of challenges we face. We voted northern California, an outfit called need them to. to do that, a 58-to-40 vote. I was very Intermountain Health—all of these are I wish to express my thanks to the pleased with the vote and I commend nonprofits—Cleveland Clinic in Cleve- President and to the Secretary of De- everyone who voted as they did, and, land, OH, an outfit called Geisinger in fense Bob Gates. We have learned that frankly, the people who took the oppo- Hershey, PA; there is what is called a in the last 7 years, cost overruns from site view. There were some tough health care cooperative in the State of major weapons systems in this country issues to deal with, I know particularly Washington, I believe it is around grew from about $45 million in 2001 to from folks in whose States the aircraft Puget Sound, called Puget Sound Coop- last year almost $300 billion, a growth are being produced and systems for erative where they have been able to over 7 years in cost overruns for major those aircraft are being produced. I emulate this interesting result of bet- weapons systems in 2001 of $45 million know it is difficult to accept. But I am ter quality outcomes, better health and last year almost $300 billion. What encouraged by that vote. care, lower prices. we need is for the administration as My hope is we will pay heed to some What we need to do is to attempt not well as the Secretary of Defense and of the priorities sent to us by the Sec- only to extend health care coverage to the Joint Chiefs to say to the folks on retary of Defense, which are designed folks who don’t have it—47 million— the Armed Services Committee, but to make sure we spend money on weap- but to rein in the growth of health care also to say to us in the Senate and in ons systems that we are likely to need costs. The idea that health care costs the House: These are the weapons sys- in the 21st century—certainly in the grow at 2 or 3 or 4 percent over the con- tems we need, these are the threats we next decade or two or three—and I sumer price index, to continue to do believe we face as a nation, and to give think with today’s vote, we are on a that is going to cripple us economi- us some sense of priorities of the weap- better path to do that. cally and competitively as a nation. It ons systems we should support and HEALTH CARE REFORM is going to cripple our ability to rein in fund, the troop levels we need and, Sort of pivoting, if I can, after having our large and growing deficits. frankly, the weapons systems we don’t said a word about the health of our Na- In the last 8 years in this Nation we need and the troop levels we don’t tion’s defense, let me talk about the ran up as much new debt as we did in need. health of the people in our country. the first 208 years of our Nation’s his- I was privileged to follow on the Some of my colleagues are probably tory. Think about that: In the last 8 heels of the Presiding Officer, Senator getting tired of hearing me say this, years, we ran up as much new debt in KAUFMAN, about a month and a half but when talking about health care, I this country as we did in our first 208 ago to Afghanistan and Pakistan. He mention four things: No. 1, we spend years as a nation. This year we are on and Senator REED, I think, led that more money for health care than any track to have the biggest single-year CODEL and shared with us our needs in other nation on Earth. No. 2, we don’t deficit we have ever had. We are also in that part of the world. We need a mili- get better results. No. 3, we have 14,000 the worst economic downturn since the tary strategy and we also need a civil- people in this country today losing Great Depression, and we are trying to ian strategy in Afghanistan, and I their health care. No. 4, some 47 mil- stimulate the economy and get it mov- think this administration has given us lion Americans today don’t have health ing. I am encouraged that it is starting a good two-pronged approach. We have insurance, don’t have health care. We to move, but that is a huge deficit, good new leadership there on the mili- have to do better than this. We have to coming on the heels of, frankly, 8 years tary side. Basically, though, they said do better than this. I believe we can. where we spent like drunken sailors, our job here is counterinsurgency. We There has been a big focus, as there and I know how drunken sailors spend. need more troops, more trainers to should be, on extending health care It is not a pretty sight, and this is, train the Afghans and to train the coverage to 47 million folks who don’t frankly, not a pretty sight either. military side, and then the civilian have it, and we need to address that, We need to go to school on the side. We also need mobility in terms of obviously. Having said that, the other Mayos, the Geisingers, the Cleveland a lot of additional helicopters, about concern we need to address is reining Clinics, the Kaiser Permanentes, the 150 new helicopters or additional ones in the growth of health care costs. We Puget Sounds, the Intermountain coming in to provide the mobility to are getting clobbered as a nation in Healths, and see what we can learn move our men and women all over the terms of being able to compete with from them. What is their secret? How southern part of Afghanistan, and to the rest of the world where we pay so are they able to do this, better out- meet the Taliban threat. much more money for health care than comes, less price? The kind of weapon we don’t use any other nation, and employers pay, As it turns out, there are a number of there or don’t need there, I will be very and we are getting clobbered as a Fed- things they do in common. I wish to blunt, is the F–22 which we discussed eral Government with the cost of Medi- mention a few of them today. Among and debated here for the last several care and Medicaid, and State govern- the things they do, they have literally days, a fighter aircraft that has been ments trying to bear their share of the brought on to their staff the doctors at around for a dozen or so years. We are cost of Medicaid. They see enormous Cleveland Clinic, for example, who pro- still building more of them, but they pressures on their State budgets. vide health care. They are on staff at have never flown a flight mission in Over lunch today, I said to my col- the Cleveland Clinic. The same is true Iraq and never flown a flight mission in leagues in our caucus meeting that at Mayo and these other nonprofits. Afghanistan either. The F–22 is limited wouldn’t it be great if somehow we I saw an interesting special on CNN a in what it can do. It basically is a could have our cake and eat it too. I couple of weekends ago. They were fighter, air-to-air combat. The Af- said that with a piece of chocolate cake interviewing a number of people who ghans, the Taliban, don’t have fighter staring me right in the face. But as it worked at the Cleveland Clinic. They aircraft. In Iraq, the folks we are fight- turned out, there are delivery systems, interviewed a fellow who is a doctor, a ing there don’t have aircraft. Mean- if you will, of health care in this coun- cardiologist, as I recall. He used to be while, we have F–15s, F–16s, F–18s. We try where they are not necessarily hav- in private practice. He said, in the old are going to build 2,500 F–35s, for less ing their cake and eating it too, but days when I was on my own in private than half the price of the F–22, which where they are able to provide better practice or group practice, I got paid, not only do dog fights but can also do health care, better outcomes, at a compensated, for the number of hearts ground-to-air support and a variety of lower price. Think about that: better I operated on. If somebody came to me

VerDate Nov 24 2008 00:44 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.057 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7763 and they had a heart problem and it Another thing that would have been price. One of the reasons why is, when could be addressed by diet or exercise very helpful for my mom or other peo- you have a lot of people in the pur- or medicine, he said, usually I didn’t ple in that situation is to have elec- chasing pool, you get a good variety prescribe those things. I didn’t get paid tronic health records. If my mom had and much better costs. If you think for doing that. If they needed to have a an electronic health record such as we about the administrative costs for heart operation and we could address have in the VA and like we are devel- health insurance, as a percentage of their problem with an operation, he oping in Delaware and some other premiums, I am told, in the Federal said, I got paid for that. As a result, I States, when my mom went from doc- Employee Health Benefit Program, it was more inclined to operate on peo- tor’s office to doctor’s office they is about 10 percent. When it comes to ple’s hearts than to use some ap- would know in each office who else she people buying individual policies and proaches that were arguably more cost was seeing and the medicines she was small businesses, their administrative effective. He went on to say, now I being prescribed, the lab tests and ev- costs as a percentage of premiums are work for the Cleveland Clinic. I am a erything. They would have it right about 30 percent. So the idea of cre- staff doc here. I don’t have to operate there for her when she came for her ating large purchasing pools makes a on people’s hearts to be compensated. I regular visit. whole lot of sense. can provide good advice, help people We have a great ability to harness in- I will close here. The idea that we with their diet problems, their exercise formation technology or electronic would pass health care legislation and problems, their weight problems. I can health care records, which are a big stop extending coverage for people who help people better understand what part of that. Our nonprofits I have don’t have it—if that is all we do, we their opportunities are with medicine. talked about—the half dozen or so— have failed the American people. We I still get paid. Bingo. have that in common. On wellness and have to do at least two things. One is So a light went off for me. Some of us prevention, we know it is not just from extend coverage but also make sure the are hearing quite a bit the need to get nonprofits but out in California is coverage we extend provides better away from these fee-for-service deals Safeway, and these people have super- coverage, better quality outcomes and where we basically incentivize doctors, markets all over America and several better health care and that we do so at hospitals, and nurses to ask for and hundred thousand employees. Their a price that is diminished and does not order more visits, more procedures, health care costs from 2004 to 2008 have continue to expand by several times more MRIs, more lab tests, for imag- been level and flat. They have the rate of inflation. We can do that ing, more x-rays, because they get paid incentivized employees to do the right going forward. That is what we need to for it, because they know that by doing thing for themselves, in terms of hold- do. more of everything, they reduce the ing down their weight, helping them My friends have been generous in al- likelihood that they are going to be get off tobacco, to fight obesity and lowing me to proceed. I see several sued. That sort of gets us in this co- lethargy, to get off the sofa, and to eat Senators are anxious to get back into nundrum where we overuse health care. what is right; and there are the debate. If we are going to have real success in antismoking campaigns and all kinds I yield the floor. drawing down the costs of health care, of stuff. So we have a good model there The PRESIDING OFFICER. The Sen- part of it will be addressing the issue of to perform. ator from Arizona is recognized. fee for service, get away from that It is not just the nonprofits but a lot Mr. MCCAIN. Mr. President, I rise in practice, and get away from the over- of employers are starting to get into support of the amendment offered by utilization of the health care we have. this as well. the Senator from Kansas concerning Let me mention some of the things There are another one or two points North Korea. they are doing at these five or six enti- I will mention on the nonprofits. On I must say I was entertained by the ties I mentioned, these nonprofits. chronic disease management, such as outlook—as far as North Korea’s be- Among the things they do is coordinate heart disease and diabetes, I am told havior is concerned—by the distin- care. I use my mom as an example. My that about 80 percent of the cost of guished chairman of the Foreign Rela- mom is now deceased. She lived in these chronic diseases can be con- tions Committee. I can’t remember Florida for roughly the last 30 or so trolled by four factors: diet, exercise, when I have disagreed more. years of her life. She had dementia; she overweight/obesity, and smoking. The State Department’s 2008 Country had congestive heart failure; she had Those four factors control about 80 per- Reports on Terrorism stated that ‘‘as arthritis. She had five doctors. The last cent of the cost of our expenditures on part of the six-party talks process, the years of her life that she was down chronic care. If we work with those U.S. reaffirmed its intent to fulfill its there, my sister and I would go down to four items, we will help reduce the commitment regarding the removal of visit my mom about every other month costs and provide better outcomes for the designation of the DPRK as a state or so. We would take turns, and we people. We will also hold down our sponsor of terrorism in parallel with would go with our mom to visit her costs. There are a couple lessons from the DPRK’s actions on doctors. These five doctors my mom the nonprofits and others. Part of it is denuclearization and in accordance had never talked to each other. In fact, pharmacy—making sure people who with criteria set forth by law.’’ I don’t think they knew that the other need pharmaceutical medicines, small They certainly haven’t taken any ac- doctors existed. They were all in the and large molecules, are taking those, tion on denuclearization, and it cer- aggregate prescribing something like and somebody is checking to make sure tainly hasn’t been in accordance with 15 different kinds of prescription medi- they are taking what they need. the criteria set forth by law. cines. We kept them at her home in Focusing on primary care, many of There was a problem with this trade, what looked like my dad’s old fishing those people coming out of medical however. We delisted North Korea, and tackle box. It was compartmentalized schools want to be specialists. They are we got something worse than nothing. with medicines to take before break- not interested in being primary care Facts are stubborn things. In response fast, during breakfast, after breakfast; doctors. We need more primary care to our action, Pyongyang has em- before lunch, during lunch, and doctors. We need to change the incen- barked on a pattern of astonishing bel- throughout the day. Some of those tives to get more primary care doctors, ligerence and has reversed even the medicines my mom was prescribed, she which is what we need. Another idea is previous steps it had taken toward the didn’t need to take. Somebody needed for us to pool insurance costs. As my denuclearization prior to its removal to know what she was taking and say, colleagues know, we have the Federal from the terrorism list. You shouldn’t be taking these two Employee Health Benefit Plan. We A few facts. In December 2008—just 2 medicines in combination; they are have an insurance pool where we pool months after the United States re- hurting you. We didn’t have good co- all the Federal employees and their de- moved Pyongyang from the list—North ordination of care of my mom. pendents and the retirees and their de- Korea balked at inspections of its nu- One of the things these nonprofits do pendents into one large pool to pur- clear facilities and ceased disablement is coordinate the care that is provided chase health insurance. They get it at activities at the Yongbyon reactor. In to my mom or anybody’s mom or dad. a not cheap price but a pretty good March, the regime seized two American

VerDate Nov 24 2008 00:44 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.058 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7764 CONGRESSIONAL RECORD — SENATE July 21, 2009 journalists near the China-North Ko- don’t share the confidence of the Sen- show this. But we just say: OK, that is rean border and subsequently senator from Massachusetts that if a the sort of thing that happens there. It tenced them to 12 years of hard labor North Korean ship goes into a port at is mind-boggling to me that we in the North Korean gulag. These are Myanmar, you will see likely action, wouldn’t act resolutely. two American citizens who may have except maybe the offloading of what- I appreciate the chairman of the For- strayed over a border. Does that mean ever materials are being bought by eign Relations Committee, the Senator they are sentenced to 12 years of hard Myanmar. from Massachusetts, who is a distin- labor in the most harsh prison camps Look, the North Koreans have clear- guished Senator and is very bright and in the world? What are we going to do ly been engaged in selling anything experienced in foreign policy. I could about it? It is remarkable. Two weeks they can to anybody who will buy it not disagree with him more about later, it tested a long-range ballistic because they need the money—whether North Korea. We have had an ongoing missile, in violation of U.N. Security it be drugs, counterfeit currency, nu- dialog and discussion about this. He Council resolutions, and then an- clear technology or missiles. Every makes the point that we should not nounced it was expelling international time we have held onto the football, pop this on the bill. inspectors from Yongbyon, reestab- like Lucy, they have pulled it away. I have been trying for months for us lishing the facility, and ending North I think this is a very modest proposal to relist them as terrorists. They Korean participation in disarmament of the Senator from Kansas. I point out should not have been delisted in the talks. In May, Pyongyang conducted that years and years of six-party talks, first place. It was a terrible process its second nuclear test; in June, a different party talks, negotiations, move on the Bush administration to North Korean ship suspected of car- conversations, individuals who have try to move the talks forward, saying rying illicit cargo departed North been assigned as chief negotiators who we are going to delist you and you are Korea in likely defiance of U.N. Secu- then end up somehow negotiating, with going to do something for us. rity Council obligations; and earlier the end being further negotiations, has Pyongyang and Kim Jong Il said thank you very much, and now we are going this month, Pyongyang again launched failed. short- and medium-range missiles into If the North Koreans continue to test to stick it in your face, which is what the Sea of Japan, including on the weapons, test missiles, sooner or later, they have continued to do. I have listed Fourth of July. they will match a missile with a weap- the things, as the Senator from Ari- All these are indications that the on that will threaten the United States zona has mentioned as well. The thought that we are acting reso- North Koreans somehow should not be of America. Right now, those missiles lutely, to me, is an insult to the people listed as terrorists? I think we ought they are testing go over Japanese terri- in North Korea who have lived under to, frankly—I respect and appreciate tory. I think it is pretty obvious we are this oppressive regime. We are not act- my friend from Kansas. Maybe we dealing with a regime of incredible and ought to have a binding resolution, ing resolutely toward North Korea. We unbelievable cruelty and oppression of are not putting any sanctions on them. rather than a sense of the Senate. It is their own people. The newly published remarkable that these events have We have asked for international sanc- Korean bar association details the tions, but why aren’t we willing to put taken place against a backdrop of bel- daily lives of the 200,000 political pris- ligerence and intransigence by North sanctions on ourselves? If we think this oners estimated to be in the camps. is such a proper course to follow, and Korea. Pyongyang has never accounted Eating a diet of mostly corn and salt, for or even acknowledged its role in as- we are willing to push it on an inter- they lose their teeth, their gums turn national body, why wouldn’t we be sisting the construction of a nuclear black, their bones weaken and, as they reactor in Syria, which the Israelis had willing to do it ourselves? Why age, they hunch over at the waist. wouldn’t we be willing to list them as to bomb. Similarly, it has refused to This is a regime that, in any inter- a terror nation, as a state sponsor of provide a complete and correct declara- pretation of the word, is an outrageous terror? I don’t understand that; why, if tion of its nuclear program. Of course, insult to the world and everything it is good in the international arena, something we all know, which is one of America stands for and believes in. I we wouldn’t do it ourselves. the great tragedies in the history of believe they will pose a direct threat, Plus, we need to have teeth into this. the world, is this is a gulag of some over time, to the security of not only This is a modest—a modest—proposal. 200,000 people, where people are regu- Asia but the world. They were able to It is a resolution, a sense of the Senate larly beaten, starved, and executed. Ac- export technology all the way to Syria, that North Korea should be relisted as cording to the Washington Post, most obviously. Why should they not be able a state sponsor of terrorism. We are of them work 12- to 15-hour days until to export that to other parts of the not relisting them. That is an adminis- they die of malnutrition-related ill- world? tration call. We are saying we, as a nesses, usually at around the age of 50. I urge my colleagues to vote in sup- body, given the provocative actions They are allowed just one set of port of the amendment by the Senator that have taken place since they have clothes. They live and die in rags, with- from Kansas, and I hope we can vote on been delisted clearly merits the re- out soap, socks, underclothes or sani- that sooner rather than later. listing of North Korea as a state spon- tary napkins. It is a horrible story. I yield the floor. sor of terrorism. That is our opinion, It is not an accident that the average The PRESIDING OFFICER. The Sen- and that is what we are saying to the South Korean is several inches taller ator from Kansas is recognized. administration. than the average North Korean. This Mr. BROWNBACK. Mr. President, I Without a foundation in the law, it is regime may be the most repressive and ask unanimous consent to add Senator clearly—as I read previously—allowed oppressive and Orwellian in all the BENNETT from Utah as a cosponsor of for the Secretary of State to determine world today. So the Chinese have been the amendment. that the government of that country serious—according to Mr. KERRY, the The PRESIDING OFFICER. Without has repeatedly provided support for Senator from Massachusetts, the Chi- objection, it is so ordered. acts of international terrorism. That is nese have been resolute on the issue of Mr. BROWNBACK. I thank my col- the actual wording of the law in the the ship inspections. The U.N. Security league from Arizona. I think he under- Arms Export Control Act. Clearly, they Council resolution calls for monitoring stands more than anybody in this body have acted to sponsor international and following of the ship, and if the de- the situation and what happens in a terrorism with their relation with cision is made that they need to board gulag-type situation. That has drawn Burma, with the missiles, with the nu- a North Korean ship, if the North Kore- me to the topic of North Korea for a clear weapons, and with the prolifera- ans refuse, then the following ship can- couple years—the human rights abuses. tion they have done and continue to not board but can follow them into a Hundreds and thousands of North Kore- do. port, where the port authorities are ex- ans are fleeing to be able to simply get He says, and is suggesting, that pected to board and inspect the vessel. food, and a couple hundred thousand of delisting has no practical effect. I be- And then that violation is reported to them are in the gulag system. It is un- lieve it does have a practical effect, the U.N. Security Council. That ought believable that this can happen in 2009. and it certainly does on the adminis- to rouse some pretty quick action. I We have Google Earth that can even tration’s stance toward North Korea

VerDate Nov 24 2008 00:44 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.059 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7765 and their international posture toward SEC. 402. ADDITIONAL AUTHORITY FOR IN- in two wars, in Iraq and Afghanistan North Korea. Plus, it has a practical ef- CREASES OF ARMY ACTIVE-DUTY today, and over the next year or 18 END STRENGTHS FOR FISCAL YEARS fect on what we can provide for as far 2010, 2011, AND 2012. months will be in this unique position. as aid from the United States to North (a) AUTHORITY TO INCREASE ARMY ACTIVE- Progress has been made, thank God, Korea. We shouldn’t be providing aid to DUTY END STRENGTH.— in Iraq, and the Iraq Security Forces the North Koreans. We should provide (1) AUTHORITY.—For each of fiscal years are progressively taking over responsi- food aid, if we can monitor it. We 2010, 2011, and 2012, the Secretary of Defense bility for keeping the security in their shouldn’t be giving oil to the North Ko- may, as the Secretary determines necessary country. The drawdown of American for the purposes specified in paragraph (2), soldiers is happening in a methodical reans. That should be limited so the establish the active-duty end strength for administration cannot do that. They the Army at a number greater than the num- and responsible way, and I again ex- would not be able to if they are listed ber otherwise authorized by law up to the press my appreciation to President as a state sponsor of terrorism. number equal to the fiscal-year 2010 baseline Obama that it is happening in that Mr. President, it will hurt the people plus 30,000. way. At the same time, we are increas- of North Korea and those who are in (2) PURPOSE OF INCREASES.—The purposes ing our troop presence in Afghanistan. the North Korean gulags if we don’t for which an increase may be made in the ac- Bottom line: The demand for members tive duty end strength for the Army under relist them. It recovers any vestige of of the U.S. Army on the battlefield paragraph (1) are the following: over the next year, 18 months, at the hope they might have that at some (A) To increase dwell time for members of point in time somebody of enough stat- the Army on active duty. outside 2 years, is going up. If the sup- ure, such as the United States Govern- (B) To support operational missions. ply remains constant, that means the ment, is going to take enough notice (C) To achieve reorganizational objectives, stress on every soldier in the U.S. that they are going to put pressure on including increased unit manning, force sta- Army and his or her family will not be the North Korean regime. I have talked bilization and shaping, and supporting reduced. As a matter of fact, it will go with some people who were refuseniks wounded warriors. up. The term for this—which I will get (b) RELATIONSHIP TO PRESIDENTIAL WAIVER to in a minute—in the Army is ‘‘dwell in the Soviet Union, in a Soviet gulag AUTHORITY.—Nothing in this section shall be during an era where we had far less construed to limit the authority of the time.’’ communication capacity than we do President under section 123a of title 10, This is an amendment that began today, and yet they were able to get United States Code, to waive any statutory with members of the Senate Armed messages at that point in time into the end strength in a time of war or national Services Committee, and a comparable Soviet gulag that the Americans were emergency. amendment in the House Armed Serv- (c) RELATIONSHIP TO OTHER VARIANCE AU- putting pressure on the Soviet Union ices Committee, recognizing, as we all THORITY.—The authority in subsection (a) is do, the tremendous stress that our and the lack of human rights in the So- in addition to the authority to vary author- viet Union, and it gave them hope. It ized end strengths that is provided in sub- Army is under, the extraordinary job gave them hope in the Soviet gulag. sections (e) and (f) of section 115 of title 10, they are doing in Iraq and Afghanistan. If we can pass this, it can give people United States Code. This is really the next great genera- in the gulags in North Korea hope that (d) BUDGET TREATMENT.— tion of the American military. But we (1) IN GENERAL.—If the Secretary of De- see in it some tough statistics: the in- somebody is at least paying enough at- fense increases active-duty end strength for tention to put pressure on this, and crease in mental health problems, the the Army for fiscal year 2010 under sub- increase in divorces of members of the maybe they may be able to live longer, section (a), the Secretary may fund such an or actually live at all. It can give them increase through Department of Defense re- service, and, worse, of course, the in- hope, instead of ‘‘abandon hope all ye serve funds or through an emergency supple- crease in suicides. who enter here,’’ as it says at the en- mental appropriation. There are many things we have sup- trance to Inferno and as it is in the (2) FISCAL YEARS 2011 AND 2012.—(2) If the ported in this Senate and the Con- gulag system in North Korea. Secretary of Defense plans to increase the gress—and the administration has—to active-duty end strength for the Army for So it is a modest resolution, and I respond to each one of those problems. fiscal year 2011 or 2012, the budget for the De- But in a way, the most direct thing we would hope my colleagues would vote partment of Defense for such fiscal year as overwhelmingly for this resolution to can do is to increase the size of the submitted to Congress shall include the U.S. Army so there is less pressure on relist North Korea as a state sponsor of amounts necessary for funding the active- every soldier in the Army, in this terrorism. duty end strength for the Army in excess of sense. Every time we add another sol- I yield the floor. the fiscal-year 2010 baseline. (e) DEFINITIONS.—In this section: dier to the U.S. Army—and we are The PRESIDING OFFICER. The Sen- (1) FISCAL-YEAR 2010 BASELINE.—The term talking about authorization to add ator from Connecticut. ‘‘fiscal-year 2010 baseline’’, with respect to 30,000 more—it means that much more AMENDMENT NO. 1528 the Army, means the active-duty end time every other member of the U.S. Mr. LIEBERMAN. Mr. President, I strength authorized for the Army in section Army can spend back at base retrain- 401(1). ask unanimous consent that the pending, preparing and, most important of ing amendment be set aside and that (2) ACTIVE-DUTY END STRENGTH.—The term ‘‘active-duty end strength’’, with respect to all, spending time with their families. amendment No. 1528 be called up. the Army for a fiscal year, means the As I know the Presiding Officer The PRESIDING OFFICER. Without strength for active duty personnel of Army knows—and I know the President of objection, it is so ordered. The clerk as of the last day of the fiscal year. the United States knows it too—the will report the amendment. Mr. LIEBERMAN. Mr. President, I good news is that the Secretary of De- The bill clerk read as follows: am pleased and proud to introduce this fense, Bob Gates, who has done and is The Senator from Connecticut [Mr. amendment with a bipartisan group of doing an extraordinary job for our LIEBERMAN], for himself, Mr. GRAHAM, Mr. cosponsors. To state it briefly, it ex- country with, of course, the support BEGICH, Mr. CORNYN, Mrs. HUTCHISON, and tends the authorized end strength of and authorization of President Obama, Mr. THUNE, proposes an amendment num- the U.S. Army by 30,000 over the next 3 yesterday announced that he would be bered 1528. years, effective with the commence- temporarily increasing the Active- Mr. LIEBERMAN. Mr. President, I ment of fiscal year 2010. It doesn’t Duty end strength of the U.S. Army by ask unanimous consent that further mandate this increase, but it expands 22,000 soldiers over the course of the reading of the amendment be dispensed the authority of the Secretary of De- next 3 years. with. fense, obviously, with the support and I cannot sufficiently express my The PRESIDING OFFICER. Without authorization of the President of the words of appreciation for Secretary objection, it is so ordered. United States, the Commander in Gates’s decision. He acted by employ- The amendment is as follows: Chief, to extend the end strength of the ing the emergency authority he has in (Purpose: To provide authority to increase U.S. Army. End strength means how an authorization of the use of force and Army active-duty end strengths for fiscal many soldiers can the U.S. Army have. a built-in statutory waiver he has up to year 2010 as well as fiscal year 2011 and Of course, it does this to reduce the 3 percent of existing end strength to 2012) tremendous stress on the U.S. Army, expand the size of the Army. This Strike section 402 and insert the following: which is carrying the burden of combat amendment, which had been planned,

VerDate Nov 24 2008 00:44 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.061 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7766 CONGRESSIONAL RECORD — SENATE July 21, 2009 and was in the committee before this contract expires during the period of deploy- is on the way in the most consequen- great action by Secretary Gates yester- ment. tial way, which is additional members day, is now before us, and I am honored So, yes, this makes it possible to end of the Army. to offer this amendment with a bipar- the use of stop loss, which is essen- I ask that when the vote be taken, it tisan group of cosponsors who are list- tially, in layman’s terms, a way to re- be taken by the yeas and nays. ed on this amendment as a way to do quire people to stay actively deployed The PRESIDING OFFICER. Is there a two things: The first is that it literally longer than they originally were going sufficient second? increases from 547,000 to 577,000-plus to be deployed. There is a sufficient second. the authorized end strength of the U.S. Mr. MCCAIN. I thank the Senator. The yeas and nays were ordered. Army, and to leave that authority Mr. LIEBERMAN. I thank my friend Mr. LIEBERMAN. Again I say to my there in case there is a need that Sec- from Arizona. We have illuminated colleagues I am doing that, although I retary Gates and the President see in most of the reasons in our exchange expect there will be very strong sup- the coming 3 years to raise the num- why this amendment is important. I port for this, because I believe it is the ber. will simply add a few more things Sec- most visible way for this Senate to Mr. MCCAIN. Mr. President, will the retary Gates said yesterday, which is: send the message to the U.S. Army of Senator yield for a question? The army has reached a point of dimin- appreciation and gratitude, to them Mr. LIEBERMAN. I will be happy to ishing returns in their multiyear program to and their families, that help is on the yield. reduce the size of its training and support way. ‘‘tail.’’ Mr. MCCAIN. It is my understanding I yield the floor. that the amendment authorizes the ad- That is the training and support The PRESIDING OFFICER. The Sen- ditional forces Secretary Gates said which supports the Active-Duty Army. ator from Michigan is recognized. yesterday in his speech that we need— The cumulative effect of these factors is Mr. LEVIN. Mr. President, let me or the day before yesterday. Why do we that the Army faces a period where its abil- commend Senator LIEBERMAN and oth- need to put this into the bill? ity to continue to deploy combat units at ac- ers who support this amendment. We in ceptable fill rates is at serious risk. Mr. LIEBERMAN. Two reasons. The the Armed Services Committee are first is that it is a bit beyond what Sec- Here is the point I just made in re- very supportive of previous increases; retary Gates did. He authorized using sponse to Senator MCCAIN’s question. indeed, we led the way on some of the extraordinary powers he possesses Based on current deployment estimates, them. Because of the stress on the as Secretary in this time of conflict up this is a temporary challenge— Army and the number of commitments to 22,000 for the next 3 years. The A temporary point of stress. We hope which had been made in Iraq and Af- amendment authorizes—doesn’t man- and pray that is true. It certainly ghanistan, we must give the kind of date, doesn’t appropriate—30,000 for the looks like it is— support to our troops they deserve and next 3 years. So it gives some latitude, which will peak in the coming year and the American people want us to give. depending on how conditions go in Iraq abate over the course of the next 3 years. One of the ways we can reduce some and Afghanistan, to go a bit further— Mr. President, in addition to the Sec- of the stress is by increasing the end 8,000 more, if necessary, over the next 3 retary of Defense, we heard from the strength so the dwell time is more suf- years. Army’s Chief of Staff, GEN George ficient and there are other positive Second, I say to my friend from Ari- Casey, and Secretary of the Army Pete spinoffs as well from this kind of in- zona, when this amendment started, we Geren, who have been advocates within crease in the authorized end strength. didn’t know Secretary Gates was going the Pentagon for this increase in end The Secretary made a very powerful to do this. I am grateful he did, but strength, and I thank them for that. speech the other day when he called for this amendment now—frankly, as Sec- Admiral Mullen, Chairman of the Joint an increase of 22,000, I believe, in the retary Gates himself said to me yester- Chiefs, told our Armed Services Com- end strength. That end strength is tem- day, and I appreciate it and I don’t mittee earlier this year that the light porary, it is almost as large as this— think he would mind if I repeated it on at the end of the tunnel, as he put it, not quite; this is 30,000, but this is sure- the Senate floor—gives the Senate and is still more than 2 years away, and ly in the ballpark. It is appropriate. It Congress the opportunity to essentially that is only if everything goes accord- is authority, it is not mandatory, and I vindicate and support the step that the ing to plan, which in combat, obvi- think it is a very positive signal to Secretary has made and, as he put it, ously, often does not. send to our men and women in uniform send a message from the Senate to the Again, I say this is an authorization; and to their families. I very much sup- members of the U.S. Army that help is it is not a mandate. I will add that Sec- port the amendment. on the way. retary Gates announced yesterday that The PRESIDING OFFICER. The Sen- Mr. MCCAIN. And there is no doubt he will find a way to fund the addi- ator from Connecticut is recognized. that the Army very badly needs the tional troops in this year and fiscal Mr. LIEBERMAN. Mr. President, help now and in the foreseeable future. year 2010—the one that begins October briefly I thank Senator LEVIN, the Mr. LIEBERMAN. My friend from Ar- 1—by reprogramming other funds ap- chairman of the Armed Services Com- izona is absolutely right. There is no propriated to the Pentagon for fiscal mittee, not just for his strong state- doubt, based on the demand, certainly year 2011, which is the budget that will ment of support now but for the sup- temporarily, over the next 18 months, be presented to us next year, if it is port he has given during our commit- perhaps 2 years, as we are drawing probable that the Department of De- tee’s deliberations to the goal of down in Iraq, but not as rapidly as we fense will require funding as part of its achieving an increase in Army end are adding forces in Afghanistan, that normal operations, and more likely as strength. there is at least a temporary need for part of the OCO fund—the overseas I yield the floor. more than the authorized 547,000 mem- contingency operation fund—which Mr. CARDIN. Mr. President, I suggest bers of the U.S. Army. supports our presence in Iraq and Af- the absence of a quorum. Mr. MCCAIN. And if I could question ghanistan. The PRESIDING OFFICER. The the Senator further, perhaps this would I cannot say enough, I know all of us clerk will call the roll. illuminate any requirement for stop in the Senate believe we cannot say The bill clerk proceeded to call the loss or for involuntary extensions in a enough, in gratitude to the members of roll. combat area. the U.S. Army who are leading the bat- Mr. CARDIN. Mr. President, I ask Mr. LIEBERMAN. Absolutely. As a tle for us against the Islamic extrem- unanimous consent the order for the matter of fact, one of the reasons Sec- ists and terrorists who attacked us on quorum call be rescinded. retary Gates gave yesterday I will 9/11/01. We owe them a debt we can The PRESIDING OFFICER (Mr. read: never fully repay. BEGICH). Without objection, it is so ordered. The decision to eliminate the routine use One thing we can do, that Secretary of ‘‘stop loss’’ authority in the Army re- Gates did yesterday and the Senate can AMENDMENT NO. 1475 quires a larger personnel flow for each de- do in this amendment, is to send a mes- Mr. CARDIN. Mr. President, I am ploying unit to compensate for those whose sage to our troops in the field that help going to talk about an amendment we

VerDate Nov 24 2008 00:44 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.062 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7767 have not yet cleared unanimous con- survey of U.S. troops, about 12 percent the more harmful long-term effects of sent for it to be brought up. I am hope- of combat troops in Iraq, and 17 per- posttraumatic stress disorder. ful that will come. But in order to ad- cent of combat troops in Afghanistan, My concern, however, and hopefully vance the issue, I intend to talk about are taking prescription antidepressants that of my Senate colleagues, is not my amendment, No. 1475, without of- or sleeping pills to help them cope with the long-term efficacy of these SSRIs, fering it at this time. I think it is an this stress. This equates to roughly but more pointedly the volume and appropriate amendment to talk about 20,000 troops on such medications in manner in which these drugs are being at this point following Senator theatre right now. administered to our service men and LIEBERMAN’s amendment because his What I find particularly troubling, women overseas. amendment deals with increasing our when reviewing these figures, is that You see, unlike medications that forces. the Pentagon has yet to establish an work on an as-needed basis, SSRIs only One of the reasons it is important to official clearinghouse that accurately begin to work after having been taken do that is the stress that the restricted tracks this kind of data. In fact, the every day—at a specific dosage—for a numbers provide on our military per- Army’s best reported estimate can only significant period of time. This fre- sonnel. Senator LIEBERMAN mentioned, tell us that the authorized or pre- quently translates to a 3 to 6 week la- and I will repeat, the number of sui- scribed drug use by troops in Iraq and tency period before the therapeutic ef- cides and attempted suicides by our Afghanistan is believed to be evenly fect materializes and patients begin to young men and women serving in the split between antidepressants—mainly feel improvement. In light of the popu- military has increased and one of the selective serotonin reuptake inhibi- lation I have been discussing, there are reasons, frankly, is that the repeated tors, or SSRIs—and prescription sleep- two very readily apparent problems deployments and the length of the de- ing pills. My amendment would provide with this shortcoming—first, is that ployments have added to the stress of us with the information so we know service members serving in forward op- our servicemen. what is happening with the use of these erating areas, such as Afghanistan and Health experts agree that there is drugs. Iraq, are quite frequently subject to most likely a combination of factors Providing that this best estimate moving between bases or into other leading to this increase in suicides. contains some degree of accuracy, it is areas—some so remote that there may Many of these factors are simply the important for us to also recognize that be no trained mental health provider results of the prolonged conflict that many of these same antidepressants, available to administer the treatment our Nation finds itself in, including after strong urging by the FDA, re- and to make sure it is effective. multiple deployments, extended sepa- cently expanded their warning labels to Second, and more importantly, is rations from family and loved ones, state that young adults—ages 18–24 that this initial period is when patients, particularly younger patients, and the overwhelming stress of combat years old—may be at an elevated risk often suffer an escalation in the sever- experiences; each placing a unique and of suicidal thoughts and behavior while using the medication. This same age ity of depression and/or anxiety. tremendous strain on the men and In essence, DOD may be prescribing group—18–24 years old—represents 41 women of our all-volunteer force. SSRIs to its service members, without But while Congress has recognized percent of our military forces serving the assurance that they will remain in these strains, and acted to help provide on the front lines in Iraq and Afghani- a capacity to be observed by a highly relief by increasing the size of our stan. trained mental health provider. Worse forces and thereby reducing the num- While keeping this warning label in yet, these same patients may very like- mind, it is imperative that my col- ber and frequency of deployments, we ly find themselves ordered off to con- leagues understand that nearly 40 per- cannot as easily remedy the stress or duct combat operations during this cent of Army suicide victims in 2006 mental trauma created by combat ex- same latency period. perience. and 2007 are believed to have taken Let’s return our focus back to the For those who have had to witness some type of antidepressant drugs—and alarming increase in the number of the ugliness and devastation of war overwhelmingly these SSRIs. And as I military and veteran suicides reported first-hand, they have encountered mentioned at the beginning of this in 2008 and 2009. something very unnatural for the statement, the number of Army sui- At what point do we step forward to human mind to comprehend or accept. cides reported each month are out- direct that action be taken by DOD to For these service members, recovering pacing each preceding month. capture, track and report this data? from these experiences involves a long This class of antidepressants—these And at what point do we ensure that and arduous journey in learning to SSRIs—are unlike most earlier classes DOD is properly prescribing, dispensing identify, control and cope with a wide of psychiatric medications in that they and administering these drugs to our array of emotions. And this learning were, from their inception, specifically troops without having in place the nec- process is often only accomplished with designed for use as an antidepressant essary controls and or patient manage- the guidance and management of high- —that is, they were engineered to tar- ment practices? ly trained mental or behavioral health get a particular process in the brain As a first step in this direction, the specialists. that plays a significant role in depres- amendment I intend to introduce will In this light, we in Congress have sion and other anxiety disorders. More accomplish a better understanding as acted to increase funding for more significantly, however, these SSRIs are to the potential magnitude of this mental health providers and improved unlike most other antidepressant issue. This amendment directs the De- access for our troops and their fami- medications because they are still al- partment of Defense to capture, at a lies, and we have sharpened the focus lowed by Department of Defense policy macro level—at a macro level, not indi- of the military on addressing these to be prescribed to service members vidual information, without divulging care needs. That is very positive and while they are deployed and directly or violating any protected patient has had a very positive effect. engaged in overseas operations. health information—the volume and What we must now focus on, and di- Now, to be fair, there is widespread types of antidepressants, psychotropics rect the military’s attention to, is the consensus in the community of profes- or antianxiety drugs being prescribed potentially harmful practice of admin- sional mental health providers, and to our men and women serving in Iraq istering antidepressants to a popu- empirical evidence to support, that and Afghanistan. It will also require lation that frequently moves through- SSRIs do offer significant benefit for DOD, beginning in June of 2010 and out a theatre of war and is therefore the treatment of posttraumatic stress then annually thereafter through 2015, susceptible to gaps in mental health and some forms of depression. And al- to report to Congress an accurate per- management. We are not certain they though there are some side effects, centage of those troops currently and are getting the follow-up care they they are reportedly much milder and previously deployed to Iraq and Af- need. shorter in duration than other ghanistan since 2005 who have been pre- A 2007 report by the Army’s fifth antidepressants. Additionally, SSRIs scribed these types of drugs. Mental Health Advisory Team indi- are also believed to potentially pre- I wish to reiterate that this measure cated that, according to an anonymous vent, or at least some believe, lesson specifically directs the disclosure of

VerDate Nov 24 2008 04:00 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.063 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7768 CONGRESSIONAL RECORD — SENATE July 21, 2009 this information by DOD to be done in Mr. MCCAIN. I ask for the yeas and ties among the Small Business Admin- such a way as to not violate the indi- nays. istration’s, SBA, small business con- vidual patient privacy rights of our The PRESIDING OFFICER. The tracting programs. Building on my ef- service men or women as defined by question is on agreeing to the amend- forts to bring true parity to the pro- HIPAA. ment. The yeas and nays have been or- grams, this amendment will create a This legislation further directs DOD dered. The clerk will call the roll. more equitable and flexible method for to contact the National Institute of The bill clerk called the roll. Federal agencies to fairly allocate Fed- Mental Health and provide any and all Mr. DURBIN. I announce that the eral procurement dollars to small busi- data as determined necessary by the Senator from West Virginia (Mr. ness contractors across the Nation. Institute to conduct a scientific peer BYRD), the Senator from Massachusetts Earlier this year, I offered an amend- reviewable study to determine whether (Mr. KENNEDY), the Senator from Mary- ment, cosponsored by my colleague these types of prescriptions, and/or the land (Ms. MIKULSKI), the Senator from from Maine, Senator COLLINS, to create method in which they are being pre- Pennsylvania (Mr. SPECTER), and the parity as part of S. 454, the Weapon scribed and administered by DOD, are Senator from Virginia (Mr. WEBB) are Systems Acquisition Reform Act of in any way contributing to the rising necessarily absent. 2009. Unfortunately, that amendment number of suicides by servicemembers Mr. KYL. The following Senator is was not accepted. or Iraq or Afghanistan veterans. necessarily absent: the Senator from For years it has been unclear to the I want to specifically address one Idaho (Mr. CRAPO). issue I have heard from some who ex- The PRESIDING OFFICER. Are there acquisition community what, if any, is press concern about this amendment any other Senators in the Chamber de- the true order of preference when de- by saying it would stigmatize, in the siring to vote? termining which small business con- eyes of our troops, those seeking men- The result was announced—yeas 93, tracting program is at the top of the tal health care. Nothing could be fur- nays 1, as follows: agency’s priority list. The SBA’s regu- ther from what this amendment does. [Rollcall Vote No. 236 Leg.] lations state that there is parity among the programs, and this had been This amendment would collect infor- YEAS—93 the general practice in effect until two mation in an anonymous manner, and Akaka Ensign McCaskill it will be invisible to the servicemem- Alexander Enzi McConnell Government Accountability Office de- bers serving on the front line. Barrasso Feinstein Menendez cisions were released on September 19, The men and women serving in our Baucus Franken Merkley 2008, and May 4, 2009. Bayh Gillibrand Murkowski military, and equally so their families, Begich Graham Murray The decisions stated that the Histori- deserve our utmost assurance that we Bennet Grassley Nelson (NE) cally Underutilized Business Zone— are doing everything in our power to Bennett Gregg Nelson (FL) Bingaman Hagan Pryor HUBZone—program had preference see that our Nation’s warfighters are Bond Harkin Reed over all other small business con- provided the best medical care avail- Boxer Hatch Reid tracting programs. While the interpre- able. An integral part of our commit- Brown Hutchison Risch tation benefits HUBZone businesses, it ment must also be to ensure that these Brownback Inhofe Roberts Bunning Inouye Rockefeller comes at the expense of other vital service men and women volunteering Burr Isakson Sanders small business contracting programs. to serve our Nation are not being ex- Burris Johanns Schumer This targeted amendment provides eq- posed to what may potentially endan- Cantwell Johnson Sessions Cardin Kaufman Shaheen uity for the SBA’s small business con- ger them when they seek medical care Carper Kerry Shelby tracting programs. and mental health service. Casey Klobuchar Snowe This amendment is very simple. It Chambliss Kohl Stabenow The amendment provides Federal asks us to gather information so we Coburn Kyl Tester agencies with the necessary flexibility Cochran Landrieu Thune to satisfy their government-wide statu- can make a judgment in a macro sense, Collins Lautenberg Udall (CO) without violating the individual pri- Conrad Leahy Udall (NM) tory small business contracting goals. vacy of our service men and women. It Corker Levin Vitter This amendment makes clear to pur- allows us to gather the information, to Cornyn Lieberman Voinovich chasing agencies that contracting offi- DeMint Lincoln Warner cers may award contracts to HUBZone, have the best information. This Con- Dodd Lugar Whitehouse gress has a proud record of providing Dorgan Martinez Wicker service-disabled veterans, 8(a), or the necessary resources for the health Durbin McCain Wyden women-owned firms with equal def- care of our warriors and their families. NAYS—1 erence to each program. It would pro- This amendment will complement Feingold vide these agencies with the ability to that by making sure that we have the achieve their goaling requirements analytical tools to make sure we are NOT VOTING—6 equally through an award to a providing the right type of mental Byrd Kennedy Specter HUBZone firm, a service-disabled vet- Crapo Mikulski Webb health services to our service men and eran-owned small business, and a small women who are in theater. It gets us The amendment (No. 1528) was agreed business participating in the 8(a) busi- the information in order to judge what to. ness development program. And of is being done today. Mr. LEVIN. I move to reconsider the course this list will also include I would hope my colleagues would vote, and I move to lay that motion on women-owned small businesses once agree that we would want to have this the table. the women’s procurement program is information, and I hope at a later time The motion to lay on the table was fully implemented by the SBA. agreed to. I will have the opportunity to actually In addition, this amendment brings offer the amendment. The PRESIDING OFFICER. The Sen- the SBA’s contracting programs closer I yield the floor. ator from Michigan. The PRESIDING OFFICER. The Sen- Mr. LEVIN. Mr. President, I ask to true parity by giving HUBZones a ator from Michigan. unanimous consent that Senator subcontracting goal. HUBZones are the Mr. LEVIN. First of all, let me com- LEAHY be added as a cosponsor on the only small business contracting pro- mend the Senator from Maryland on amendment which we just adopted, the gram without a subcontracting goal. In his amendment. I support it. I hope it Lieberman amendment. addition, the amendment authorizes can be cleared or placed in order so The PRESIDING OFFICER. Without mentor prote´ge´ programs modeled that we can adopt it on a rollcall if it objection, it is so ordered. after those used in the 8(a) program for cannot be cleared. AMENDMENT NO. 1688 HUBZones, service-disabled veteran and women-owned firms. AMENDMENT NO. 1528 Ms. SNOWE. Mr. President, as rank- I ask unanimous consent that we now ing member of the Senate Committee The essence of true parity is where proceed to a vote on the Lieberman on Small Business and Entrepreneur- each program has an equal chance of amendment, a rollcall vote on the ship, I rise in support of this vital competing and being selected for an Lieberman amendment. amendment in order to correct dispari- award. During these difficult economic

VerDate Nov 24 2008 00:44 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.064 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7769 times, it is imperative that small busi- Last year, I first introduced the idea start to redeploy our forces from Iraq. ness contractors possess an equal op- of a GAO military whistleblower study Servicemembers still do not have portunity to compete for federal con- when I requested this work of the Act- enough dwell time between deploy- tracts on the same playing field with ing Comptroller General Gene L. ments and the Army has seen a trou- each other. Dodaro in a letter dated July 18, 2008. I bling rise in the number of suicides. I urge my colleagues on both sides of followed up on my letter to the GAO These are indications of the strain that the aisle to support this amendment. with a legislative proposal through a multiple and continued deployments AMENDMENT NO. 1500 filed amendment to the Defense De- are taking on the force. The President Mr. GRASSLEY. Mr. President, I rise partment appropriations bill for 2009 requested increasing the size of the today to support the section 1072 of S. which instructed the GAO to conduct a Army to 547,400 soldiers and increasing 1390, National Defense Authorization comprehensive analysis of this issue. the Marine Corps to 202,100 Marines, Act of 2010. This section authorizes the Unfortunately, that amendment did while preventing cuts in Navy and Air Comptroller General of the United not make it through the legislative Force personnel. This bill supports the States to assess military whistleblower process. I thank Chairman LEVIN and President’s request. It also authorizes protections. Ranking Member MCCAIN for including an additional 30,000 soldiers in 2011 and As everyone knows, I strongly be- this sensible military whistleblower 2012, should the Secretary of Defense lieve whistleblowers play an important study in the current bill. believe such troops are necessary. Ad- role in the accountability of all gov- Accordingly, I offer this latest ditional soldiers and marines will help ernment. This should also be true for amendment to include a review and ease the burdens caused by multiple de- the men and women who wear uniforms analysis of the military whistleblower ployments. and serve in the Armed Forces. reprisal appeals heard by the Boards More personnel will give each service In 1988, Congress passed legislation for the Correction of Military Records. more breathing room to care for its that gave members of the armed serv- Mr. DURBIN. Mr. President, the Na- wounded warriors. Others can continue ices unique whistleblower protections. tional Defense Authorization Act for the fight while injured and ill service- Despite this military whistleblower Fiscal Year 2010 authorizes almost $680 members can recover in wounded tran- law, I have concerns that military billion for the Department of Defense sition units. whistleblowers could be underserved by and the national security programs of This legislation creates a task force the regulations and processes created the Department of Energy. to assess the policies and programs by the Department of Defense, DOD, The bill provides pay and health care that support the care and transition of and the DOD, Office of Inspector Gen- to servicemembers and their families; recovering wounded and seriously ill eral, OIG. funds troops with the equipment and members of the Armed Forces. The During the course of my own inves- resources they need to fight and pro- task force will consider whether serv- tigation of several military whistle- vide security; strengthens our ability icemembers have sufficient access to blower cases, I learned some matters to train foreign militaries and protect care for posttraumatic stress disorder which may question how effectively against IEDs and rogue nuclear and traumatic brain injury, the signa- military whistleblower reprisal cases threats; and terminates questionable ture injury of the wars. It will look at are handled by the DOD and DOD OIG. weapons programs. how well we help injured warriors tran- The Government Accountability Office, It also includes legislation to com- sition from the Department of Defense GAO, has noted in its past work that plete the James A. Lovell Federal to the Department of Veterans Affairs. the effectiveness of the Federal protec- Health Care Center in Illinois. The task force will also review the tion for military whistleblowers rests It gives the VA and the Navy the au- support available to family caregivers principally on a two-stage process of thority they need to finalize a model as they care for recovering injured and investigation and administrative re- partnership between the North Chicago seriously ill members of the Armed view. The first stage involves a DOD, VA Medical Center and the Naval Forces. For every servicemember suc- service, or guard inspector general’s in- Health Clinic Great Lakes. cessfully recovering from a serious investigation of the specific facts and in- This is a model that the Departments jury or illness, there is often a family terpretation of issues associated with a hope can be replicated around the member who has put the brakes on his whistleblower reprisal allegation. In country. or her life to care for that person. the second stage of the investigation/ Combining separate Federal hos- Last week, my office received a call administrative review process, the pitals will provide better care for our from the family of Jordan Hoyt, a sol- DOD OIG reviews and approves the servicemembers and veterans while dier from Barry, IL. He was seriously findings of the service or guard inspec- saving valuable taxpayer dollars. injured in Afghanistan and is receiving tors general. This review is designed to Given the conflicts we face abroad, care at Walter Reed Army Medical provide assurance that the findings and this bill provides the right amount to Center here in Washington. His wife recommendations in a report were spend in support of our troops. Today, Haley has moved to Washington to be made in compliance with applicable in- the United States is the world’s leader near Jordan while he goes through vestigatory guidelines and meet legal in defense spending. Last year, U.S. months of surgery and rehabilitation. sufficiency. The second stage of this military spending accounted for almost She has brought with her their infant procedure is crucial for the military half of the world’s total military child, who was born while Jordan was whistleblower process to work as in- spending. We spend more than the next away serving his country. Haley is tended. 46 countries combined. U.S. military from Quincy. She has left her family In addition to the tasking included in spending, combined with that of our behind to help Jordan recover from his S. 1390, the military whistleblower re- close allies, makes up 72 percent of all injury. She has also delayed her edu- prisal appeal process should be exam- military spending in the world. Our de- cational plans to study criminal jus- ined by the GAO as well. The military fense budget is six times larger than tice. Haley is 19 years old. After Jordan whistleblower law, 10 USC § 1034, gives China’s and 100 times larger than leaves Walter Reed, the couple will re- the Boards for the Correction of Mili- Iran’s. turn to Quincy to live with her mother, tary Records—BCMR—of each armed These funds make good on a promise who has already provided them with in- service the appeal authority in these to our men and women in our military. credible support. While taking care of often unique and complex matters. I Our troops continue to do everything wounded servicemembers is our basic believe the report requested by the un- we ask of them in the wars in Iraq and responsibility, we also need to support derlying bill is important and I support Afghanistan. These conflicts have the families whose lives have been up- its inclusion. However, it is important taken an extraordinary toll on service- ended by the wars. I commend the com- for the GAO to also study the effective- members and their families that we mittee for including this task force to ness of the BCMR appeal process to en- cannot forget. look at the needs of family caregivers. sure military whistleblowers are af- The Armed Forces, particularly the This President inherited many chal- forded a fair administrative process to Army and the Marine Corps, will con- lenges at home and abroad, including combat reprisal. tinue to be heavily stressed, even as we two wars and a challenging situation in

VerDate Nov 24 2008 00:44 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.054 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7770 CONGRESSIONAL RECORD — SENATE July 21, 2009 Pakistan. This bill supports President GUANTANAMO BAY In May, the Senate voted 90 to 6 to Obama’s new direction in addressing Mr. HATCH. Mr. President, I rise to strip out funding in the fiscal year 2010 these priorities. In June, our military express my concerns about the admin- war spending request that would au- redeployed from Iraq’s cities under the istration’s failure to make the deadline thorize $80 million for the transfer of Status of Forces Agreement concluded of issuing a report on the Guantanamo detainees to the interior of the United by the government of Iraq and the pre- detainee policy. Today’s deadline, simi- States of America. Now that the fail- vious administration. The Iraqis must lar to the January 2010 closure dead- ure to meet this deadline has been re- continue to take responsibility for line, was self-imposed. It concerns me ported by outlets such as the Wall their own future. that the administration maintains that Street Journal, Washington Post, and I commend the President’s increased closure will occur even though the exe- New York Times, the administration focus on defense and development in cution of this process has been less still does not get it. Senior administra- Afghanistan; preventing the reemer- than stellar. tion officials are letting hubris get in gence of the Taliban and al-Qaida; and In January, on his very first full day the way. This is neither the proper strengthening economic, agricultural, in office, President Obama signed the manner nor the time to close Guanta- educational, and democratic develop- order to close the Guantanamo Bay de- namo. ment. These goals are important to detention facility in 12 months. The There should have been more study velopment in Afghanistan, but they are President created separate task forces of this issue prior to setting us on a essential to our military’s strategy. I to examine closure and detainee issues. course for closure. It is easy to say support the National Defense Author- These task forces were developed and that Guantanamo can be closed when ization Act and commend Chairman staffed by the Obama administration to you are a candidate for President. It is LEVIN and Senator MCCAIN for their achieve successful closure in 1 year. even easier to sign an order on your leadership. The product of this review is to include very first full day in office as President Almost 3,000 soldiers from the Illinois a report on a broader detainee policy. that says in 12 months Guantanamo Army National Guard are currently de- Today marks the first deadline in will close. What is hard is taking a deployed to Afghanistan. Members of the this process. It was set to be the date liberative, methodical approach and Illinois Guard’s 33rd Infantry Brigade of release and publication of the task then formulating the proper plan to Combat Team are helping train the Af- force report on a broader detainee pol- balance the safety of this country with icy going forward. The administra- ghan National Police and providing the needs of lawful detention. Had the tion’s failure to meet the deadline ap- force protection at military bases. It administration conducted a careful and pears to me to be the ‘‘canary in the has been a difficult deployment, with thorough review of this issue, the con- coal mine’’ that a January closure of many casualties. Gen William Enyart, clusion would have been that Guanta- Guantanamo without a detailed plan is the Adjutant General of Illinois, has namo fulfills both requirements. In- an exercise in futility. stead, the administration has painted had to attend the funerals of too many Yet the White House downplays the of his soldiers. He sent me an article he itself into a corner. missed deadline and publicly states Clearly, the administration miscal- had written this spring. Why do the that the January closure is still on culated and underestimated the depth young soldiers serve, he asked? This is track. Is it? Despite not having a plan and breadth of this issue. From the what he wrote. They serve because: and missing a deadline for a key inte- onset, the administration has tried to They are our kids, they are our protectors. gral part of the closure process, the ad- reverse-engineer the process for closing They are what stand between us and chaos. ministration claims it can still meet Guantanamo—starting from the end They don’t have to be asked to serve. They the overall deadline of closure by Janu- and working backward. If changes are don’t have to be asked to go into danger. ary 1. I find that notion suspect at best They do it, not out of hate, not out of venge- not made immediately, administration and completely absurd at worst. ance, but out of love. Love of family, love of officials will force this issue on Amer- community, love of fellow soldier. In May, a Gallup Poll indicated that 65 percent—65 percent—of Americans ican cities and towns in just 185 days. I think he is right. Members of the oppose the closure of the Guantanamo They will limp across the finish line. Armed Forces and their families make Bay detention facility. Even so, the ad- We have 185 days until Guantanamo is these sacrifices to keep our country ministration intends to follow its closed. The days until the plan is re- safe. We owe them much in return. timeline and close Guantanamo by leased ARE a big question mark. They This bill takes one step by providing January 2010. The task force examining are going to limp across the finish line them the resources they need. I ask my the cases of the remaining 229 detain- on January 22, 2010, and herald their colleagues to support this legislation ees has only reviewed half the nec- accomplishments a victory despite its and to send it to the President for his essary caseload thus far. ill-conceived planning and three signature. The Justice Department hopes to stooges-like manner of execution. Guantanamo is still an asset to this f complete its review by an October reporting deadline, but that benchmark country. It complies with international MORNING BUSINESS is quickly slipping away too. This re- treaties and exceeds the standards of domestic corrections facilities. I don’t Mr. LEVIN. Mr. President, I ask view process has taken twice the see how anyone who is honest about unanimous consent that the Senate amount of time the administration this matter can characterize it in any proceed to a period of morning busi- thought it would take. Yet keeping other way, especially when there is not ness, with Senator HATCH to be recog- Guantanamo open beyond January is a sufficient replacement located do- nized for 15 minutes, then Senator inexplicably still not an option in the mestically to meet the Justice Depart- MURRAY for 8 minutes, then Senator administration’s view. Recently, media reports are circu- ment’s needs. It is my fervent hope BURRIS for 6 minutes, and Senator lating that the administration’s Guan- that the President and Attorney Gen- BROWN for 10 minutes. eral will reconsider their ill-considered The PRESIDING OFFICER. Is there tanamo closure plan has been fraught plan to close Guantanamo and recog- objection? with political miscalculation and in- nize the obvious, that a $200 million fa- Without objection, it is so ordered. ternal dissension. Moreover, the complex nature of this issue will undoubt- cility that is already operational and f edly force the transfer of detainees in- in compliance with international trea- side the United States. Since the an- ties should not be shuttered. DEFENSE AUTHORIZATION nouncement of the President’s inten- This is an important issue. I don’t Mr. LEVIN. Mr. President, there will tion to close Guantanamo, I have think the American people are going to be, then, no more amendments we will joined other Senators in pointing out stand to have these very dangerous be able to take up tonight on the De- the lack of planning and clear mis- people brought on shore to our country fense authorization bill. We will pick calculation of this decision. That pool when we have a $200 million facility up that bill tomorrow. has grown and a groundswell of bipar- that meets international treaty obliga- The PRESIDING OFFICER. The Sen- tisan support is signaling the White tions sitting there doing the job. I ator from Utah. House to ‘‘pump the brakes.’’ think the administration needs to get

VerDate Nov 24 2008 00:44 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.019 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7771 this work done and needs to get it done country in the world is simply shame- get better or easier if we wait. In fact, the right way. ful. No son should lose a mother simply today, costs are rising at an With that, Mr. President, I yield the because she can’t afford care. No fam- unsustainable rate for those who do floor. ily should have to watch a loved one have insurance and more and more The PRESIDING OFFICER. (Mr. suffer because insurance companies in- Americans are losing their insurance UDALL of Colorado). The Senator from stead of doctors are making the deci- every day. Washington is recognized. sions. That is why we so badly need to We have been talking about reform- f reform our health care system this ing the health care system for a very year. long time. I go home to my home State HEALTH CARE REFORM Our country has been working on this of Washington every weekend, and I am Mrs. MURRAY. Mr. President, 3 issue for over 60 years and we have asked often now if it is the right time weeks ago I sent a letter to families spent months and months this session to tackle health care reform. In these across my home State of Washington alone working to put together a reform difficult and challenging economic asking for their help as we reform our package that works for all Americans. times when people are worried about broken health care system. I told them We have had over 6 months of hearings. paying their bills, worried about losing I wanted to pass a plan that protects We went through over 50 hours of pub- their jobs, worried about what is com- existing coverage when it is good, im- lic markups. We debated over 200 ing around the corner, they ask me if proves it when it is not, and guarantees amendments. So when I hear some of we are biting off more than we can care for the millions who have none. I my colleagues from across the aisle chew. I tell them: This is exactly the asked them to share their stories with saying we should slow down, saying we time we need to act. Premiums are ris- me and ideas about how to make this should take more time, or that we are ing three times faster than wages vision a reality. I told them that I trying to reform health care too fast, today. Every day, 14,000 more Ameri- know health care is a very personal and when I see some of them shrugging cans lose their health insurance. In issue, but also that personal stories off every attempt we have made at en- these already difficult times, I don’t have the power to change minds and gaging them and bringing them into want to add losing health insurance to transform debates. The response to my the process, I think of Kelly and I the list of concerns our families have request has been simply overwhelming. think of Janet and I think of all of the to deal with every day. I wish to share some of the stories families out there right now with sick We know the current system is that have been pouring into my office— husbands or sick wives or sick kids. I unsustainable. Even those people with over 5,000 so far—because they under- think of all the small business owners good coverage today are faced with score not only the desperate need to fix I have talked to who can’t cover their massive costs and rising premiums. our broken health care system but also employees. I think of the people who That is why tackling this problem now the dire necessity to get it done this have coverage, but are worried about has to be part of our long-term eco- year. losing it today in this uncertain econ- nomic recovery program. For too many families today, health omy. I think about all the working Without health care reform, family care reform can’t wait. I wish to share Americans who are paying a hidden tax budgets are going to continue to be a story from a letter I received from today in the form of rising premiums strapped, more Americans are going to Rita from Seattle who sent me a story in order to cover those Americans who lose their care, and we are going to about her sister Janet. Janet was un- don’t have access to care. As a mother hear more stories like Janet and Kelly. employed and had lost her health in- and as a Senator, I say enough is I hope we can put aside the partisan surance when her throat began to hurt enough. rhetoric, I hope we can put aside the Yesterday we heard some pretty ugly one day back in 2004. She paid out of talk of: Slow this down; it is too fast. and blatant rhetoric. One Member of her own pocket to visit a health clinic This issue is imperative, and I urge my the Senate who wants to protect the and was sent home with antibiotics. colleagues to act. status quo, who doesn’t want to make Well, weeks later, she was still in a lot I yield the floor. any changes, said: ‘‘If we’re able to of pain and finally managed to get an The PRESIDING OFFICER. The Sen- stop Obama on this, it will be his Wa- appointment with a specialist, but she ator from Illinois. was told she had to wait 6 weeks more terloo. It will break him.’’ That is playing games with real lives f to come in to get help. Only after begin order to score cheap political points. ging them for an appointment was she CONCEALED CARRY RECIPROCITY Bucking health care reform isn’t going seen by the specialist 3 days later and Mr. BURRIS. Mr. President, I rise to break the President of the United was told that the pain she had been liv- today to express my strong opposition States. It will break American fami- ing with was in the late stages of an to Senator THUNE’s amendment regard- lies. It will break American businesses. aggressive form of throat cancer. Janet ing concealed carry reciprocity. This It is going to break the bank. died not long after that. It was a death Americans deserve better. The fami- legislation ignores the explosion of gun that would have been prevented had lies of Janet and Kelly and the thou- crime plaguing America’s cities and she been able to see a specialist earlier. sands of others who have written me putting an unnecessary burden on local Janet is not alone. A woman by the deserve better. We can’t play politics law enforcement. name of Kathleen from Puyallup, WA, with what is most important to our Na- In my home State of Illinois, an en- sent in a story about her friend Kelly. tion’s families—the health of their tire generation of young people, many Kelly had just been laid off from work loved ones. of whom live in urban areas, is being when she came down with what she They say justice delayed is justice decimated with gun violence. On May thought was the flu. She didn’t have denied. Well, health care delayed is 10 of 2007, a 16-year-old honor student any health insurance because she had often health care denied. It was denied named Blair Holt was shot to death been laid off from her job and she to Kelly, it was denied to Janet, and it while riding a Chicago city bus. When couldn’t afford to go to the doctor, so gets denied to more Americans every the shooter opened fire, Blair was shot she waited. Two weeks later she felt single day we wait. while protecting a young girl with even worse, so she finally made an ap- I call on all of our colleagues here in whom he was riding. The shooter was pointment to go in for a checkup. Kelly the Senate to work with us to rise also a 16-year-old boy and an admitted never made it to the doctor. Her 7- above partisanship. We have a good member of the Gangster Disciples na- year-old son found her dead on the plan right now. We are working to lis- tional street gang. Just the other day, couch on the morning she was supposed ten and bring everybody in and make it justice was presented to him when he to go in. She died from an untreated better. It will rein in the costs with the was given 100 years in prison by the ovarian cyst. Because Kelly didn’t have goal of lowering them across the long judge. health insurance, that little boy no term. It will make sure all Americans Similar tragic stories have only longer has a mother. have high quality, affordable coverage. grown more frequent. In the first 6 I think the fact that these stories are This issue is not going to go away if months of 2009, Chicago alone logged possible in the greatest and richest we don’t do anything. It is not going to 202 homicides, 84 percent of whom were

VerDate Nov 24 2008 00:44 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.067 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7772 CONGRESSIONAL RECORD — SENATE July 21, 2009 shot to death. In comparison, in the to vote against this amendment as part of Chiefs of Police and Sheriffs call upon you same period of time, we lost 101 troops the National Defense Authorization Act for to vote against this dangerous and unconsti- in Iraq and 99 in Afghanistan. Fiscal Year 2010 (S. 1390). tutional legislation. The people of Chicago deserve better Although the State of Illinois would not be All the best, WILLIAM J. BRATTON, than life in a war zone. Hundreds of affected directly by its passage, this amendment runs the possible risk of reinforcing Chief of Police, Los Angeles, CA, Chicago public school students have President, Major Cities Chiefs’ Association. been shot so far this year. By the end current movements in the Illinois legislature to pass concealed-carry laws, which would Mr. BURRIS. Mr. President, as I said of the school year in June, at least 36 greatly set back Chicago’s efforts to curtail earlier, cities in every State face had died. gun violence. Concealed carry regulation is unique challenges that require tailored Over the Fourth of July weekend, an issue best left to cities and states, and solutions. This is never truer than with while most of us celebrated our Na- not the Federal government. A national the issue of gun control. It is impera- tion’s independence, Chicago suffered standard of reciprocity would ignore the tive that States set their own stand- through an almost unparalleled torrent challenges local law enforcement struggle ards for concealed carry permits and of gun violence: 63 shootings were tal- with on a daily basis when combating gangs are not obligated to honor permits lied, and 11 of them were fatal. and drug dealers in big cities. The carnage on Independence Day Pasasge of this amendment would limit the awarded elsewhere with different, po- weekend led the Chicago Tribune to de- ability of states and local governments to tentially less rigorous requirements. mand on July 10: ‘‘Where is our cour- protect their citizens with common-sense We must not tie the hands of State and community-specific laws and regulations governments regarding their ability to age? Where is the indignation over the regarding the carrying of hidden handguns. slaughter of Chicago’s children?’’ protect and serve their citizens. It would promote gun trafficking by making I think that this legislation moves This is far too high a price to pay for it easier to transport firearms between our national gun policy in the wrong inaction. I will say it again: The people states without the fear of being apprehended direction. In their assessment of the re- of Chicago deserve better than life in a by law enforcement. The bill would also en- cent gun violence, the Tribune opined war zone. Students deserve better than danger the safety of our police officers by that ‘‘The tragic loss of brave soldiers being gunned down in the streets after making it more difficult to distinguish be- killed overseas grabs media headlines school and parents deserve better than tween legal and illegal gun possession—am- biguity that would have life or death con- and fuels the raging fires of political having to raise families in the midst of sequences. debate. Meanwhile, in another war a bloodbath. We must work vigorously The City of Chicago continues to do all it right here in our own backyard, the to combat the rampant gun violence in can to protect our communities from the gun killings continue, almost ignored.’’ our cities and urban areas. violence of gangs and drug dealers. It is a We cannot ignore this horrific situa- As a registered gun owner myself, I tireless effort that requires the involvement tion any longer. We must not be respect the second amendment and re- of the community members, the hard work conned into believing that easier ac- sponsible gun ownership. However, I of local law enforcement and sensible policy cess to firearms will reduce firearm am deeply concerned about the dev- decisions made at all levels of government. deaths. Rather than making it easier astating consequences of guns falling The Thune amendment would serve as an ob- for people to bring concealed weapons into the wrong hands. To this end, I stacle to these efforts, and that is why I into other States, I hope my colleagues strongly believe we should keep fire- strongly urge you to oppose this potentially debilitating legislation. will get serious about addressing the arms out of the hands of children, ter- Sincerely, urgent problem of gun crime in our cit- rorists, and criminals, and in solving RICHARD M. DALEY, ies and among our youth. this problem we need to provide local Mayor. I urge my fellow Senators to not only law enforcement officials with the sup- vote against this amendment but to port they so desperately need. MAJOR CITIES CHIEFS ASSOCIATION, join me in working towards a real solu- Concealed carry regulation is an JULY 17, 2009. tion for this senseless cycle of death. issue best left to cities and States and Hon. HARRY REID, I yield the floor. not the Federal Government. It is our Majority Leader, Hart Office Bldg., U.S. Senate, The PRESIDING OFFICER. The Sen- Washington, DC. job as Federal legislators to enact ator from Ohio is recognized. measures that strengthen States’ law Hon. NANCY PELOSI, enforcement efforts instead of arbi- Speaker, Cannon Office Bldg., House of Rep- f trarily increasing their burden. A na- resentatives, Washington, DC. CONGRATULATING YOUNGSTOWN, tional standard of reciprocity would ig- DEAR MAJORITY LEADER REID AND SPEAKER OHIO nore the challenges local law enforce- PELOSI: On behalf of the Major Cities Chiefs, I am writing to express our strong opposition Mr. BROWN. Mr. President, I rise to ment struggles with on a daily basis to S. 845 and H.R. 1620, the Respecting States congratulate the community and busi- when combating gangs and drug deal- Rights and Concealed Carry Reciprocity Act ness leaders of Youngstown, OH, for ers in big cities. of 2009. Because we are responsible for public showing the rest of the Nation what so I am not alone in my opposition to safety in the largest jurisdictions in the many of us in Ohio already know: the Thune amendment. I join the Inter- United States, we recognize that this legisla- Youngstown is one of the Nation’s best national Association of Chiefs of Police tion would be an enormous mistake. places to start a business. and State lawmakers around the coun- This misguided legislation would under- I have held some 140 community try in recognizing that this legislation mine efforts by law enforcement agencies roundtables across Ohio’s 88 counties would severely hamper efforts to com- across the Nation and thwart measures al- at least once since I have been in the ready enacted by the states. Please know bat gun crime in our Nation’s urban Senate, where I have met with edu- areas. that we stand with the more than 400 Mayors who have objected to this ill-conceived pro- cators, students, community and busi- Mr. President, I ask unanimous con- posal. ness leaders, and entrepreneurs and sent to have 2 letters from the the An oversimplification of carefully reasoned workers. mayor of the city of Chicago, Mayor standards and licensing provisions, the pro- I have held a half dozen roundtables Daley, and the Major Cities Chiefs As- posed measure would arbitrarily overturn in the Mahoning Valley, including two sociation be printed in the RECORD. laws which have been tailored to the needs of in Youngstown, and have traveled There being no objection, the mate- regions and local communities. Passage of across towns along the Mahoning River rial was ordered to be printed in the this legislation would be an affront to Fed- and across its valley. RECORD, as follows: eralism as it would force a state to accept From the autoworker in Lordstown permits from other jurisdictions—whether or OFFICE OF THE MAYOR, to the electrician in Warren, to the Chicago, IL, July 17, 2009. not the permits comport with the laws of that state. technology entrepreneur in Youngs- Hon. ROLAND W. BURRIS, town, to the small business owner in We are confident that members of Congress U.S. Senate, Russell Senate Office Building, Salem, I am impressed by their unwav- Washington, DC. will respect the authority of states, counties DEAR SENATOR BURRIS: I am writing to ex- and cities to adopt their own regulations re- ering commitment to rebuilding this press the City of Chicago’s strong opposition garding weapons and will not act with dis- region. to Senator Thune’s amendment regarding regard for the many reasonable and prudent Youngstown remains a great city in concealed carry reciprocity, and to urge you laws already in place across the Nation. the face of many challenges, and its

VerDate Nov 24 2008 04:00 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.068 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7773 dedicated and talented workforce is and this terrible recession. More must cials to tap into the region’s rich re- driving today’s innovation and inge- be done to close the gap between the sources and innovative spirit. That is nuity. high unemployment and the shortage why Entrepreneur Magazine wrote Each time I visit Youngstown, I learn of skilled workers and emerging indus- about Youngstown, calling it the something new—from Mayor Williams, tries. ‘‘dreamer.’’ Out of these 10 cities, the the fine, aggressive, very bright, young Congressman TIM RYAN, with whom other 9 are significantly larger than mayor of Youngstown, to Chamber of the Presiding Officer and I both served Youngstown, but none could equal Commerce leader Tom Humphries, to in the House of Representatives, and Youngstown in hope, focus, and energy. dozens of teachers, small business peo- who represents Youngstown in the I will read some things they said: ple, workers, and citizens. House, and I recently introduced the In the last decade, something special hap- It is easy to see why Entrepreneur Strengthening Employment Clusters to pened in this northeast Ohio city. A new gen- Magazine lists Youngstown as one of Organize Regional Success, or SEC- eration is envisioning things we wouldn’t the top 10 U.S. cities to start a busi- TORS Act. have talked about 10 years ago. ‘‘Let’s clean ness. On the cover it says: ‘‘Youngs- SECTORS would help allow busi- the slate and start over again’’ is the radical town, Ohio, anyone?’’ nesses, workforce development boards, transformation going on in Youngstown In their August issue, Entrepreneur labor unions, and community colleges right now. Magazine describes Youngstown as a to connect skilled workers with work- Mike Broderick, of Turning Tech- ‘‘dreamer,’’ where technology innova- force and community needs. We will nologies, said: tion is driving job growth and sus- see that with Youngstown State Uni- I believe in most places we wouldn’t have taining economic activity. versity in Youngstown, and with the been able to expand with the speed we did. Bold plans and visionary leadership Trumbull County branch of Kent State The affordability here really helped fuel our have set the stage for sustained eco- University. growth. I found Youngstown to be a brilliant place for a startup. nomic growth. Youngstown’s healthy SECTORS is not only a jobs skill bill, dose of all-American grit and hard but an economic development bill. It is It has been my pleasure to work with work will turn economic potential into only one part of the citywide strategy Congressman RYAN, Mayor Williams, economic reality, driving regional eco- to harness the talented workforce and the Youngstown Business Incubator, nomic expansion that can strengthen students. Turning Technologies, and all of the Ohio’s middle class. Youngstown State University is community activists who are working It takes what Entrepreneur Magazine training engineers and contributing to hard to create new opportunities for a called a ‘‘concept revolutionary enough workforce needs of an emerging ad- better and stronger Youngstown. to help ignite a renaissance in this vanced materials sector, involving ad- Ohio’s dedicated workforce and hard- small city.’’ vanced chemical and composite engi- working community leaders are lead- It takes a community that under- neering and nanotechnology. I have ing examples of how we can turn stands a transformation must take seen some of this technology in the around our economy, create new jobs, place from within—from the educators Mahoning Valley, and it is ready to and how we can, across my State, and to innovators, from community activ- take off. across the Mahoning Valley in Ohio, ists to the industry leaders. Faced with YSU’s science, technology, engineer- and across this country, rebuild our a choice, it takes the foresight to in- ing, and math program, or STEM, middle class. vest in the future and not dwell on the teaches students the critical skills in Mr. President, before yielding the sometimes troubled past. the fields of advanced sciences, infor- floor, I add that all of us who do this Today, we are seeing the results of a mation technology, and engineering. work and are, frankly, blessed enough decade-long process of renewal and re- If our students succeed in the 21st to get to serve in the Senate spend birth for Youngstown, in Warren, and century global economy, we must in- much of our time away from home or the entire Mahoning Valley. vest in our young people, who will cre- our families are back, in my case, in More than a year ago, I made my ate the businesses and opportunities Ohio, or in Washington. Either way, we first trip to the Youngstown Business for future growth. are away from families more than we Incubator, which is an example of com- We must also ensure that our com- would like. I would like to, because munity and business leaders nurturing munities are part of economic revival today is my wife’s birthday, wish her a startup companies that can strengthen around the State. happy birthday, if she is home watch- the regional economy. I met with the Mahoning Valley Or- ing this. If she is not, I will tell her Nurtured in the Youngstown Busi- ganizing Collaborative at one of my later. I could not be with her today in ness Incubator in 2002, Turning Tech- roundtables. We sat for an hour and a Ohio. I look forward to coming home nologies, for example, has become one half in the basement of a church, with this weekend. of the fastest growing technology com- 15 community activists, who have a I yield the floor. panies in the Nation, according to En- focus you wouldn’t believe. This is a f trepreneur Magazine. collective effort of neighborhood This is no accident. Mike Broderick, groups, churches, and labor unions. It REMEMBERING MASON RUDD from Turning Technologies, and other is another example of citizens taking Mr. MCCONNELL. Mr. President, I emerging businesses, say they have re- ownership of their community. It is re- rise today with sadness to honor the lied on the affordable startup costs, ac- vitalizing neighborhoods, surveying life of Mr. Mason Rudd, a good friend cessible resources, the transportation land to determine future economic use, who died on July 5, 2009, at the age of network that criss-crosses western and cleaning up crime-ridden neighbor- 90. He was loved by many in my home- Pennsylvania and Ohio, and the com- hoods. Ordinary citizens are organizing town of Louisville, KY, and he will be munity involvement that allowed busi- to make a difference, and it is working. missed. nesses to thrive. Yet another example of strategic eco- Mason will be remembered as an en- An important part of Youngstown’s nomic development is the Youngstown trepreneur, philanthropist, and family favorable business climate is access to 2010 Citywide Plan, which aims to revi- man who did so much to make his talented workers and students. Kent talize the city of Youngstown with adopted hometown a better place. State’s Trumbull campus is a model for carefully planned economic develop- His American dream began at the workforce training among Ohio’s col- ment and urban planning. University of Minnesota, where he leges and universities. Their educators As Ohio cities experience population funded his college education with help are training a legion of highly skilled loss, Youngstown’s efforts to mod- from a tennis scholarship, participa- workers for Ohio’s emerging high-tech ernize infrastructure to serve current tion in ROTC, and by selling dough- industry. population needs is a harbinger of eco- nuts. In 1939, he graduated with a de- But more must be done to close the nomic growth in the State. gree in geology and petroleum engi- gap between high unemployment in All of these efforts are part of a col- neering. After college, his service in that part of Ohio. My whole State is lective strategy by workers, entre- World War II led him to believe that he still afflicted by high unemployment preneurs, educators, and elected offi- survived the war for one reason—to

VerDate Nov 24 2008 02:14 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.071 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7774 CONGRESSIONAL RECORD — SENATE July 21, 2009 help others achieve and live better ments included time aboard the USS North Dakota League of Cities as City lives. And this he did. Worden, USS Nimitz, USS Portland, and of the Year. Mr. Rudd spent a few years working Strike Fighter Squadron 34; and he had In 2007, Northwood was devastated by as an engineer for Shell Oil and then been assigned to the USS Eisenhower an EF4 tornado. Not a single building selling fire engines in Iowa until 1952 since June 2008. The Eisenhower is cur- was left untouched by this monstrous when he moved to Louisville. There he rently operating in the Arabian Sea in storm that wreaked havoc on every- established Rudd Equipment Company, support of Operation Enduring Free- thing in its path. Homes and businesses which distributed heavy construction dom and maritime security operations. were destroyed, yet amidst all of the equipment. The company he built Master Chief Garber’s military destruction, this community banded brought him a large fortune which awards include the Meritorious Service together, and with the assistance of would serve him well when he under- Medal: Navy/Marine Corps Commenda- the federal government, it has success- took his many altruistic pursuits. tion Medal; Navy/Marine Corps fully rebuilt. Mason grew to love the city and espe- Achievement Medal, six; Meritorious Today, Northwood is a friendly and cially the local university—the Univer- Unit Commendation; Good Conduct welcoming community that includes a sity of Louisville. He contributed $1.4 Medal, five; Navy Expeditionary Medal; nine-hole golf course, a swimming pool, million to the creation of a neurology National Defense Service Medal, two; a strong business community, and a professorship at the University of Lou- Armed Forces Expeditionary Medal, high quality education system. Addi- isville after his first wife Mary suffered Southwest Asia Service Medal, two; tionally, the town remains true to its a fatal stroke. His help facilitated the Sea Service Deployment Ribbon, six; agricultural roots through its farming $3.6 million Bass-Rudd Tennis Center And Navy Recruiting Service Ribbon. population. at the University of Louisville as well On June 20, Command Master Chief The central point of Northwood’s as the endowment for the Rudd Pro- Jeffrey James Garber was found unre- 125th anniversary celebration will be gram for Young Artists at the Ken- sponsive in a berthing space aboard the the dedication of the new Northwood tucky Opera to train young singers. carrier, USS Dwight D. Eisenhower. Public School and the Veteran’s Memo- However, more important than the When he was found unresponsive in his rial. Other activities, to name a few, money, Mr. Rudd contributed invalu- stateroom at approximately 8:15 A.M. include a community picnic, a tractor able time and effort to the causes of local time, a medical emergency was pull, a teen dance, karaoke, a 5K walk health care and education. declared; and medical personnel were and run, a craft show, a kiddie parade, Thirty years ago, this passion was on the scene within minutes. Sadly, all and a 3-on-3 basketball tournament. clear to me when I served as Jefferson efforts to revive him were unsuccessful, I ask the Senate to join me in con- County’s judge-executive and it was and Master Chief Garber was pro- gratulating Northwood, ND, and its my responsibility to appoint someone nounced dead of natural causes at 8:23 residents on their first 125 years and in to the county’s board of health. I re- A.M. He was 43 years old. Command wishing them well in the future. By appointed him to the board, just as Master Chief Garber has been post- honoring Northwood and all other his- those serving before me had and those humously awarded the Legion of Merit toric small towns of North Dakota, we after me did. medal, recognizing his accomplish- keep the great pioneering frontier spir- While serving on this board as well as ments as Command Master Chief and it alive for future generations. It is in leadership positions at Louisville his 24 years of service to our Nation. places such as Northwood that have General Hospitals and Louisville’s Jew- Command Master Chief Garber leaves helped shape this country into what it ish Hospital, his efforts provided every- behind his wife Amy, (Vogt) Garber, is today, which is why this fine com- one in the city with a healthier, safer and his three children, Tayler, Paige munity is deserving of our recognition. life. His fellow members credit him and Josh, all of Virginia Beach; his Northwood has a proud past and a with creating lead poisoning education parents Larry and JoAnn Kuester of bright future.∑ programs, a hazardous-materials task York, NE; and his brothers Joel and force in the health department, a man- Jon. Throughout his career, those who f date on sewage treatment, and primary knew him, admired Master Chief COMMENDING ABIGAIL KIMBELL care clinics for the uninsured. Garber’s professionalism, but also, ∑ His efforts also extended to helping genuinely liked him. He will forever be Mr. JOHANNS. Mr. President, today the Louisville Free Library Foundation remembered by his family and friends I pay tribute to a leader in American during his 16 years on the board there. as not only the epitome of what a com- forestry. Because of him the library’s book en- mand master chief should be, but pri- In February of 2007, Abigail Kimbell dowment is stronger and the children’s marily a loving husband, father, and became the 16th Chief of the U.S. For- reading program continues to grow. son. I join all Nebraskans today in est Service. She was the first female in Most notably, in the year 2000 library mourning the loss of Command Master this role, a job she held until July 5, 1 fundraising efforts under his leadership Chief Garber and offering our deepest 2009. During those 2 ⁄2 years, she served made it possible to purchase computers condolences to his family. with distinction and accomplished much for the forests, grasslands, and for the library. f Mr. Rudd leaves behind his wife people of the United States. Peggy: his daughter Betsy; and his son ADDITIONAL STATEMENTS Gail is credited with renewing the Michael. The life he led in his 90 years emphasis behind the Forest Service’s stands out as an example of service to mission of ‘‘Caring for the Land and 125TH ANNIVERSARY OF his community and country which all Serving People’’ and reconnecting pro- NORTHWOOD, NORTH DAKOTA Americans should honor and strive to grams and functions to that mission. achieve. He will be missed. ∑ Mr. CONRAD. Mr. President, I am She improved firefighter safety and f pleased today to recognize a commu- fire suppression cost containment. Gail nity in North Dakota that is cele- showed great vision and leadership, HONORING OUR ARMED FORCES brating its 125th anniversary. On July pressing the agency to continually COMMAND MASTER CHIEF PETTY OFFICER 23–26, the residents of Northwood will strive to meet a standard of excellence JEFFREY JAMES GARBER gather to celebrate their community’s in its operations, both internally and Mr. NELSON of Nebraska. Mr. Presi- history and founding. in service to the public. dent, I rise today to honor Navy Com- Founded in 1884, Northwood is lo- Gail emphasized the importance of mand Master Chief Jeffrey James cated in Northeastern ND, and was quality water to the environment and Garber who passed away aboard the named after Northwood, IA, a common our communities. She directed the USS Eisenhower on June 20, 2009. starting point for pioneers settling in agency’s investment in the education Originally from Hemingford, NE, the Dakota Territory. In its early of children and youth, particularly Master Chief Garber enlisted in the years, the town grew rapidly, and con- those in underrepresented commu- Navy in December 1983. His career was tinued to expand over the next cen- nities, to enhance their connection to an impressive one. At sea his assign- tury. It was honored in 1993 by the the natural world.

VerDate Nov 24 2008 02:14 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.022 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7775 Gail’s numerous and significant con- accompanying papers, reports, and doc- bia, transmitting, pursuant to law, a report tributions span more than three dec- uments, and were referred as indicated: on D.C. Act 18–124, ‘‘National Law Enforce- ades of public service. As a Forest Su- EC–2352. A communication from the Dep- ment Museum Sales and Use Tax Credit Act uty Secretary of Defense, transmitting the of 2009’’; to the Committee on Homeland Se- pervisor, she focused on community curity and Governmental Affairs. collaboration to build understanding report of (6) officers authorized to wear the insignia of the grade of major general in ac- EC–2363. A communication from the Chair- and support for an economically and cordance with title 10, United States Code, man of the Council of the District of Colum- environmentally viable long-term tim- section 777; to the Committee on Armed bia, transmitting, pursuant to law, a report ber sale program in Alaska. She also Services. on D.C. Act 18–125, ‘‘Records Access Amend- made bold land management decisions EC–2353. A communication from the Dep- ment Act of 2009’’; to the Committee on to ensure forests remained healthy by uty Secretary of Defense, transmitting the Homeland Security and Governmental Af- fairs. reducing hazardous fuels. report of (10) officers authorized to wear the insignia of the grade of brigadier general in EC–2364. A communication from the Chair- As associate deputy chief for the na- man of the Council of the District of Colum- tional forest system, Gail was central accordance with title 10, United States Code, section 777; to the Committee on Armed bia, transmitting, pursuant to law, a report to the development of the Healthy For- Services. on D.C. Act 18–126, ‘‘Raze Permit Community ests Initiative, including the Healthy EC–2354. A communication from the Dep- Notification Amendment Act of 2009’’; to the Forests Restoration Act. She also uty Secretary of Defense, transmitting the Committee on Homeland Security and Gov- worked to improve interagency co- report of (7) officers authorized to wear the ernmental Affairs. EC–2365. A communication from the Chair- insignia of the grade of major general in ac- operation. man of the Council of the District of Colum- cordance with title 10, United States Code, As regional forester in the northern bia, transmitting, pursuant to law, a report section 777; to the Committee on Armed region, she oversaw the development on D.C. Act 18–127, ‘‘Citizen-Service Pro- Services. and implementation of community EC–2355. A communication from the Direc- grams Amendment Act of 2009’’; to the Com- wildfire protection plans in Idaho, tor of Defense Procurement and Acquisition mittee on Homeland Security and Govern- Montana, and North Dakota. She also Policy, Department of Defense, transmit- mental Affairs. EC–2366. A communication from the Chair- played a leading role in the develop- ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- titled ‘‘Defense Federal Acquistion Regula- ment of plans to delist the grizzly bear bia, transmitting, pursuant to law, a report in the Yellowstone Ecosystem. Gail pi- tion Supplement; Restriction on Acquisition on D.C. Act 18–128, ‘‘Child Development Cen- oneered the implementation of im- of Specialty Metals’’ ((RIN0750–AF95) ter Directors Relocation Fairness Clarifica- proved forest planning with unprece- (DFARS Case 2008–D003)) received in the Of- tion Temporary Amendment Act of 2009’’; to fice of the President of the Senate on July dented public collaboration and owner- the Committee on Homeland Security and 16, 2009; to the Committee on Armed Serv- Governmental Affairs. ship. ices. On July 31, 2009, Gail Kimbell will be EC–2367. A communication from the Chair- EC–2356. A communication from the Direc- man of the Council of the District of Colum- retiring from the Forest Service with tor of Defense Procurement and Acquisition bia, transmitting, pursuant to law, a report 35-plus years of service to that agency Policy, Department of Defense, transmit- on D.C. Act 18–133, ‘‘Transportation Infra- and our country. Her dedication to the ting, pursuant to law, the report of a rule en- structure Improvements GARVEE Bond Fi- Forest Service mission ‘‘to sustain the titled ‘‘Defense Acquisition Regulation Sup- nancing Act of 2009’’; to the Committee on health, diversity, and productivity of plement; Requirements Applicable to Homeland Security and Governmental Af- Undefinitized Contract Actions’’ ((RIN0750– the Nation’s forests and grasslands to fairs. AG29) (DFARS Case 2008–D029)) received in EC–2368. A communication from the Chair- meet the needs of present and future the Office of the President of the Senate on man of the Council of the District of Colum- generations’’ will be forever appre- July 17, 2009; to the Committee on Armed bia, transmitting, pursuant to law, a report ciated by the people of the United Services. on D.C. Act 18–134, ‘‘Anacostia River Clean States.∑ EC–2357. A communication from the Sec- Up and Protection Act of 2009’’; to the Com- retary of the Treasury, transmitting, pursu- f mittee on Homeland Security and Govern- ant to law, a six-month periodic report on mental Affairs. MESSAGES FROM THE HOUSE the national emergency that was declared in EC–2369. A communication from the Chair- At 2:56 p.m., a message from the Executive Order 13441 with respect to Leb- man of the Council of the District of Colum- anon; to the Committee on Banking, Hous- House of Representatives, delivered by bia, transmitting, pursuant to law, a report ing, and Urban Affairs. on D.C. Act 18–135, ‘‘Clean and Affordable En- Ms. Niland, one of its reading clerks, EC–2358. A communication from the Chief ergy Fund Balance Temporary Amendment announced that the House has passed of the Publications and Regulations Branch, Act of 2009’’; to the Committee on Homeland the following bill, in which it requests Internal Revenue Service, Department of the Security and Governmental Affairs. the concurrence of the Senate: Treasury, transmitting, pursuant to law, the EC–2370. A communication from the Chair- H.R. 2245. An act to authorize the Presi- report of a rule entitled ‘‘Qualified Plug-in man of the Council of the District of Colum- dent, in conjunction with the 40th anniver- Electric Vehicle Credit Under Section 30’’ bia, transmitting, pursuant to law, a report sary of the historic and first lunar landing (Notice 2009–58) received in the Office of the on D.C. Act 18–136, ‘‘Neighborhood Develop- by humans in 1969, to award gold medals on President of the Senate on July 14, 2009; to ment Tax Deferral Temporary Act of 2009’’; behalf of the United States Congress to Neil the Committee on Finance. to the Committee on Homeland Security and A. Armstrong, the first human to walk on EC–2359. A communication from the Chief Governmental Affairs. the moon; Edwin E. ‘‘Buzz’’ Aldrin, Jr., the of the Publications and Regulations Branch, EC–2371. A communication from the Direc- pilot of the lunar module and second person Internal Revenue Service, Department of the tor, Office of Personnel Management, trans- to walk on the moon; Michael Collins, the Treasury, transmitting, pursuant to law, the mitting, pursuant to law, the Office’s report pilot of their Apollo 11 mission’s command report of a rule entitled ‘‘Industry Director’s on Federal agencies’ use of the physicians module; and, the first American to orbit the Directive No. 2 on Casualty Loss IRC 165’’ comparability allowance (PCA) program; to Earth, John Herschel Glenn, Jr. (LMSB–4–0309–010) received in the Office of the Committee on Homeland Security and the President of the Senate on July 14, 2009; Governmental Affairs . At 4:35 p.m., a message from the to the Committee on Finance. EC–2372. A communication from the Senior House of Representatives, delivered by EC–2360. A communication from the Chief Official, Office of Inspector General, Federal of the Publications and Regulations Branch, Housing Finance Agency, transmitting, pur- Ms. Niland, one of its reading clerks, Internal Revenue Service, Department of the suant to law, the Semi-Annual Report of the announced that the House has agreed Treasury, transmitting, pursuant to law, the Inspector General for the period from Octo- to the following concurrent resolution, report of a rule entitled ‘‘Industry Director’s ber 1, 2008 through March 31, 2009; to the in which it requests the concurrence of Directive No. 4 on Mixed Service Costs Phase Committee on Homeland Security and Gov- the Senate: 1’’ (LMSB–4–0509–022) received in the Office of ernmental Affairs. H. Con. Res. 164. Concurrent resolution rec- the President of the Senate on July 20, 2009; EC–2373. A communication from the In- ognizing the 40th anniversary of the Food to the Committee on Finance. spector General, Department of Commerce, and Nutrition Service of the Department of EC–2361. A communication from the Chair- transmitting, pursuant to law, the Semi-An- Agriculture. man of the Council of the District of Colum- nual Report of the Inspector General for the bia, transmitting, pursuant to law, a report period from October 1, 2008 through March f on D.C. Act 18–123, ‘‘Processing Sales Tax 31, 2009; to the Committee on Homeland Se- EXECUTIVE AND OTHER Clarification Act of 2009’’; to the Committee curity and Governmental Affairs. COMMUNICATIONS on Homeland Security and Governmental Af- EC–2374. A communication from the Attor- fairs. ney Advisor, U.S. Coast Guard, Department The following communications were EC–2362. A communication from the Chair- of Homeland Security, transmitting, pursu- laid before the Senate, together with man of the Council of the District of Colum- ant to law, the report of a rule entitled

VerDate Nov 24 2008 02:14 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.007 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7776 CONGRESSIONAL RECORD — SENATE July 21, 2009 ‘‘Safety Zone; Summer 2009 Fireworks, received in the Office of the President of the Marine Fisheries Service, Department of Coastal Massachusetts’’ ((RIN1625–AA08, Senate on July 15, 2009; to the Committee on Commerce, transmitting, pursuant to law, 1625–AA00)(Docket No. USG–2009–0422)) re- Commerce, Science, and Transportation. the report of a rule entitled ‘‘Fisheries of the ceived in the Office of the President of the EC–2383. A communication from the Attor- Exclusive Economic Zone Off Alaska; Green- Senate on July 15, 2009; to the Committee on ney Advisor, U.S. Coast Guard, Department land Turbot, Arrowtooth Flounder, and Sa- Commerce, Science, and Transportation. of Homeland Security, transmitting, pursu- blefish by Vessels Participating in the EC–2375. A communication from the Attor- ant to law, the report of a rule entitled ‘‘An- Amendment 80 Limited Access Fishery in ney Advisor, U.S. Coast Guard, Department chorage Regulations; Port of New York’’ Bering Sea and Aleutian Islands Manage- of Homeland Security, transmitting, pursu- ((RIN1625–AA01)(Docket No. USG–2009–0045)) ment Area’’ (RIN0648–XP97) received in the ant to law, the report of a rule entitled received in the Office of the President of the Office of the President of the Senate on July ‘‘Safety Zone; Fireworks Displays in Senate on July 15, 2009; to the Committee on 15, 2009; to the Committee on Commerce, Boothbay Harbor, South Gardiner, and Commerce, Science, and Transportation. Science, and Transportation. Woolwich, Maine’’ ((RIN1625–AA00)(Docket EC–2384. A communication from the Direc- EC–2391. A communication from the Acting No. USG–2009–0526)) received in the Office of tor of Sustainable Fisheries, National Ma- Director of Sustainable Fisheries, National the President of the Senate on July 15, 2009; rine Fisheries Service, Department of Com- Marine Fisheries Service, Department of to the Committee on Commerce, Science, merce, transmitting, pursuant to law, the re- Commerce, transmitting, pursuant to law, and Transportation. port of a rule entitled ‘‘Magnuson-Stevens the report of a rule entitled ‘‘Fisheries Off EC–2376. A communication from the Attor- Fishery Conservation and Management Act West Coast States; Pacific Coast Groundfish ney Advisor, U.S. Coast Guard, Department Provisions; Fisheries of the Northeastern Fishery; Closure of the Pacific Whiting Pri- of Homeland Security, transmitting, pursu- United States; Northeast Multispecies Fish- mary Fishery for the Mothership Sector’’ ant to law, the report of a rule entitled ery; Closure of the Eastern United States/ (RIN0648–XP82) received in the Office of the Canada Area’’ (RIN0648–XQ01) received in the ‘‘Safety Zone; San Clemente Island North- President of the Senate on July 15, 2009; to Office of the President of the Senate on July west Harbor August and September Train- the Committee on Commerce, Science, and 15, 2009; to the Committee on Commerce, ing; Northwest Harbor, San Clemente Island, Transportation. Science, and Transportation. California’’ ((RIN1625–AA00)(Docket No. EC–2392. A communication from the Dep- USG–2009–0522)) received in the Office of the EC–2385. A communication from the Direc- tor of Sustainable Fisheries, National Ma- uty Assistant Administrator for Operations, President of the Senate on July 15, 2009; to National Marine Fisheries Service, Depart- the Committee on Commerce, Science, and rine Fisheries Service, Department of Com- merce, transmitting, pursuant to law, the re- ment of Commerce, transmitting, pursuant Transportation. to law, the report of a rule entitled ‘‘Fish- EC–2377. A communication from the Attor- port of a rule entitled ‘‘Magnuson-Stevens Fishery Conservation and Management Act eries of the Caribbean, Gulf of Mexico, and ney Advisor, U.S. Coast Guard, Department South Atlantic; Snapper-Grouper Fishery Off of Homeland Security, transmitting, pursu- Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; the Southern Atlantic States; Amendment ant to law, the report of a rule entitled 16’’ (RIN0648–AW64) received in the Office of ‘‘Safety Zone; Southside Summer Fireworks, Closure of the Closed Area II Scallop Access Area to Scallop Vessels’’ (RIN0648–XQ05) re- the President of the Senate on July 15, 2009; St. Clair River, Port Huron, Michigan’’ to the Committee on Commerce, Science, ((RIN1625–AA00)(Docket No. USG–2009–0478)) ceived in the Office of the President of the Senate on July 15, 2009; to the Committee on and Transportation. received in the Office of the President of the EC–2393. A communication from the Dep- Senate on July 15, 2009; to the Committee on Commerce, Science, and Transportation. EC–2386. A communication from the Direc- uty Assistant Administrator for Operations, Commerce, Science, and Transportation. National Marine Fisheries Service, Depart- EC–2378. A communication from the Attor- tor of Sustainable Fisheries, National Ma- rine Fisheries Service, Department of Com- ment of Commerce, transmitting, pursuant ney Advisor, U.S. Coast Guard, Department merce, transmitting, pursuant to law, the re- to law, the report of a rule entitled ‘‘Fish- of Homeland Security, transmitting, pursu- port of a rule entitled ‘‘Fisheries of the Car- eries Off West Coast States; Coastal Pelagic ant to law, the report of a rule entitled ibbean, Gulf of Mexico, and South Atlantic; Species Fisheries; Annual Specifications ‘‘Safety Zone; Sigma Gamma Fireworks, Reef Fish Fishery of the Gulf of Mexico; Clo- Modification’’ (RIN0648–XO74) received in the Lake St. Clair, Grosse Pointe Farms, Michi- sure of the 2009 Deepwater Grouper Commer- Office of the President of the Senate on July gan’’ ((RIN1625–AA00)(Docket No. USG–2009– cial Fishery’’ (RIN0648–XP56) received in the 15, 2009; to the Committee on Commerce, 0477)) received in the Office of the President Office of the President of the Senate on July Science, and Transportation. of the Senate on July 15, 2009; to the Com- 15, 2009; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- f Science, and Transportation. tation. EC–2387. A communication from the Direc- EC–2379. A communication from the Attor- EXECUTIVE REPORTS OF COMMIT- tor of Sustainable Fisheries, National Ma- TEES—THURSDAY, JUNE 25, 2009 ney Advisor, U.S. Coast Guard, Department rine Fisheries Service, Department of Com- of Homeland Security, transmitting, pursu- merce, transmitting, pursuant to law, the re- The following material was omitted ant to law, the report of a rule entitled port of a rule entitled ‘‘Magnuson-Stevens from the CONGRESSIONAL RECORD of ‘‘Safety Zone; Thunder on Niagara, Niagara Fishery Conservation and Management Act June 25, 2009 on page S7110: River, North Tonawanda, New York’’ Provisions; Fisheries of West Coast States; Financial Campaign Contributions Report ((RIN1625–AA00)(Docket No. USG–2009–0110)) Pacific Coast Groundfish Fishery; Biennial received in the Office of the President of the for Daniel M. Rooney: Specifications and Management Measures; Nominee: Daniel Milton Rooney. Senate on July 15, 2009; to the Committee on Inseason Adjustments’’ (RIN0648–AX96) re- Commerce, Science, and Transportation. Post: Ireland. ceived in the Office of the President of the (The following is a list of all members of EC–2380. A communication from the Attor- Senate on July 15, 2009; to the Committee on my immediate family and their spouses. I ney Advisor, U.S. Coast Guard, Department Commerce, Science, and Transportation. have asked each of these persons to inform of Homeland Security, transmitting, pursu- EC–2388. A communication from the Dep- ant to law, the report of a rule entitled uty Assistant Administrator for Regulatory me of the pertinent contributions made by ‘‘Safety Zone; F/V PATRIOT, Massachusetts Programs, Office of Sustainable Fisheries, them. To the best of my knowledge, the in- Bay, Massachusetts’’ ((RIN1625– Department of Commerce, transmitting, pur- formation contained in this report is com- AA00)(Docket No. USG–2009–0512)) received in suant to law, the report of a rule entitled plete and accurate.) the Office of the President of the Senate on ‘‘Fisheries of the Northeastern United Contributor, date, recipient, amount: July 15, 2009; to the Committee on Com- States; Spiny Dogfish; Framework Adjust- Daniel Milton Rooney: 5/24/2008, Gridiron- merce, Science, and Transportation. ment 2’’ (RIN0648–AX56) received in the Of- PAC, $5,000; 10/21/2008, Committee for Change EC–2381. A communication from the Attor- fice of the President of the Senate on July (Joint FR Committee), $30,000. ney Advisor, U.S. Coast Guard, Department 15, 2009; to the Committee on Commerce, Patricia Regan Rooney: 6/15/2007, Tom Roo- of Homeland Security, transmitting, pursu- Science, and Transportation. ney, $2,300; 6/27/2008, DCCC, $5,000; 8/03/2005, ant to law, the report of a rule entitled EC–2389. A communication from the Dep- Patrick Murphy, $2,000; 9/29/2005, Patrick ‘‘Regulated Navigation Area; Herbert C. uty Assistant Administrator for Regulatory Murphy, $1,109; 4/21/2008, Barack Obama, $500; Bonner Bridge, Oregon Inlet, North Caro- Programs, Office of Sustainable Fisheries, 11/19/2007, John Murtha, $2,000; 8/14/2008, John lina’’ ((RIN1625–AA11)(Docket No. USG–2009– Department of Commerce, transmitting, pur- Murtha, $2,000; 5/18/2005, John Murtha, $1,500; 0489)) received in the Office of the President suant to law, the report of a rule entitled 7/07/2006, John Murtha, $2,000; 6/28/2006, DCCC, of the Senate on July 15, 2009; to the Com- ‘‘Fisheries of the Northeastern United $1,500; 12/28/2007, DCCC, $2,000; 9/23/2008, Pat- mittee on Commerce, Science, and Transpor- States; Recreational Management Measures rick Murphy, $250; 10/21/2008, Committee for tation. for the Summer Flounder, Scup, and Black Change (Joint FR Committee), $30,000. EC–2382. A communication from the Attor- Sea Bass Fisheries; Fishing Year 2009’’ Arthur Joseph Rooney II: 9/07/2006, Melissa ney Advisor, U.S. Coast Guard, Department (RIN0648–AX69) received in the Office of the Hart, $500; 4/13/2007, Arlen Specter, $1,000; 6/ of Homeland Security, transmitting, pursu- President of the Senate on July 15, 2009; to 20/2008, DCCC, $2,000; 8/06/2005, Patrick Mur- ant to law, the report of a rule entitled the Committee on Commerce, Science, and phy, $500; 10/27/2006, Mike Doyle, $500; 11/01/ ‘‘Drawbridge Operation Regulations; Poto- Transportation. 2005, John Murtha, $1,000; 11/19/2007, John mac River, Between Maryland and Virginia’’ EC–2390. A communication from the Acting Murtha, $2,000; 8/25/2008, John Murtha, $2,000; ((RIN1625–AA09)(Docket No. USG–2008–1216)) Director of Sustainable Fisheries, National 5/02/2008, Tom Rooney, $1,700; 5/02/2008, Tom

VerDate Nov 24 2008 02:14 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.042 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7777 Rooney, ($1,700); 5/02/2008, Tom Rooney, Paul Quasarano (brother-in-law): (A good gress, $2,100, 2006; Tom Perriello for Con- $2,000; 6/03/2005, Tim Murphy, $1,000. faith effort was made to obtain contribution gress, $2,300, 2008; Dan Seals for Congress, Patricia Rooney Gerrero: 4/11/2008, Hillary information from Mr. Quasarano. The fol- $1,000, 2008; Paul Hodes for Congress, $2,000, Clinton, $500. lowing is what is available:) National Beer 2007; Dan Seals for Congress, $1,000, 2006; Rita Rooney Conway: 8/14/2008, 07/31/2008, Wholesalers Association (NBWA) PAC: Con- Jared Polis for Congress, $500, 2008; Eighth John Murtha, Obama Victory Fund (Joint tributions in 2005, 2006, 2007, 2008, and 2009; District Democratic Committee, Virginia FR Committee), $2,000; $5,000; 6/30/2008, Michigan Beer and Wine Wholesalers Asso- Democratic Party, $250, 2006; Allan Lichtman Obama for America, $250; 02/12/2008, Hillary ciation (MBWWA) PAC: Contributions in for Senate, $250, 2006; Democratic Senatorial Clinton for President, $1,000; 10/14/2005, DSCC, 2005, 2006, 2007 and $3,000 in 2008 and $3,000 in Campaign Committee, $5,000, 2007; Fairfax $500; 05/30/2006, DSCC, $250; 10/23/2008, Com- 2009; Michigan Senator Martha Scott: $1,500 County Democratic Committee, $1,000, 2008; mittee for Change, $10,000; 06/30/2006, DCCC, in 2008 and $1,500 in 2009; Michigan Lt. Gov- Philip Forgit for Congress, $1,000, 2007; Peter $2,000; 08/31/2007, Obama for America, $250. ernor John Cherry: $5,000 in 2008 and $5,000 in Welch for Congress, $1,250, 2005; Peter Welch Daniel Michael Rooney: 05/12/2005, North 2009; Magistrate O’Brien; Michigan State for Congress, $1,000, 2006; Democratic Senato- Side Good Government Committee, $3000; 3/ Representative Ed Gaffney; Michigan Sen- rial Campaign Committee, $500, 2006; Alexan- 26/2007, Tom Rooney, $400; 3/26/2007, Tom Roo- ator Mary Waters; Michigan Senator Steve dria Democratic Committee, $250, 2005; Mary ney, $2,300; 7/22/2008, Tom Rooney, $1,900; 9/15/ Tobocman. Landrieu for Senate, $2,300, 2007; John Kerry 2008, Florida 16 Victory Trust (Joint FR Lisa Leifield (sister): None. for U.S. Senate, $1,000, 2007; Harris Miller for Committee), $5,000. Daniel Leifield (brother-in-law): None. Senate, $2,100, 2006; Forward Together PAC, John Thomas Rooney: 11/15/2005, George W. $5,000, 2005; Democratic Party of Virginia, Bush, $1,000; 8/31/2007, Tom Rooney, $2,300. *Carlos Pascual, of the District of Colum- $2,500, 2007; Born Fighting PAC, $2,500, 2008; James Emmett Rooney: 12/20/2005, Mike bia, to be Ambassador Extraordinary and Leslie Byrne for Congress, $2,300, 2008; Mark Doyle, $500; 01/24/2008, Arlen Specter, $500; 03/ Plenipotentiary of the United States of Udall for Senate, $2,300, 2008; Mark Warner 12/2007, Majority PAC, $1,000; 3/23/2006, Robert America to Mexico. for Senate, $4,600, 2007; Jim Webb for U.S. Casey, $2,100; 3/23/2006, Robert Casey, $2,100; Nominee: Carlos Pascual. Senate, $2,100, 2006; Bob Casey for U.S. Sen- 11/29/2007, Robert Casey, $1,000; 3/04/2008, Wil- Post: Ambassador to Mexico. ate, $2,000, 2005; Bob Casey for U.S. Senate, liam Shuster, $500; 4/25/2008, Jason Altmire, (The following is a list of all members of $900, 2006; Ethan Berkowitz for Congress, $500; 10/29/2008, Jason Altmire, $2,300; 5/18/ my immediate family and their spouses. I $1,000, 2008; Democratic National Committee, 2005, John Murtha, $1,000; 9/20/2005, John Mur- have asked each of these persons to inform $28,500, 2008 (Obama Victory Fund); Gerry tha, $1,000; 7/07/2006, John Murtha, $2,000; 6/28/ me of the pertinent contributions made by Connelly for Congress, $2,300, 2008; Gerry 2006, DCCC, $1,000; 11/19/2007, John Murtha, them. To the best of my knowledge, the in- Connelly for Congress, $1,000, 2009; Win Vir- $2,000; 10/11/2005, Prosperity Helps Inspire formation contained in this report is com- ginia 2008, $3,256, 2008; Democratic National Liberty PAC, $1,000; 6/08/2008, Hilary Clinton, plete and accurate.) Committee, $26,700, 2005; Moving Virginia $1,000. Contributions, amount, date, donee. Forward, $20,000, 2007; Kaine for Governor, 1. Self: $1,000, September 2008, Barack f $19,600, 2005; Deeds for Attorney General, Obama; $250, August 2008, Hillary Clinton. $10,000, 2005; Byrne for Lieutenant Governor, EXECUTIVE REPORTS OF 2. Spouse: $250, April 2008, DNC. $8,600, 2005; Commonwealth Coalition, $5,000, COMMITTEES 3. Children and Spouses: N/A. 2006; Virginia Senate Causus, $5,000, 2007. 4. Parents: None. The following executive reports of 2. Spouse: Megan C. Beyer: Obama for America, $4,600, 2007; Mark Warner for Sen- nominations were submitted: *Kenneth H. Merten, of Virginia, a Career ate, $4,600, 2007; Democratic National Com- By Mr. ROCKEFELLER for the Committee Member of the Senior Foreign Service, Class mittee, $28,500, 2008 (Obama Victory Fund); on Commerce, Science, and Transportation. of Counselor, to be Ambassador Extraor- Harris Miller for Senate, $2,100, 2006, Demo- *Polly Trottenberg, of Maryland, to be an dinary and Plenipotentiary of the United cratic Senatorial Campaign Committee, Assistant Secretary of Transportation. States of America to the Republic of Haiti. $10,000, 2006; Forward Together PAC, $5,000, *Deborah A. P. Hersman, of Virginia, to be NOMINEE: Kenneth H. Merten. 2005; Ronnie Musgrove for U.S. Senate $1,000, Chairman of the National Transportation Port-Au-Prince, Haiti. 2008; Leslie Byrne for U.S. Congress, $1,000, Safety Board for a term of two years. (The following is a list of all members of 2008; Gerry Connelly for U.S. Congress, $1,000, *Deborah A. P. Hersman, of Virginia, to be my immediate family and their spouses. I 2008; Mary Landrieu for Senate, $1,000, 2008; a Member of the National Transportation have asked each of these persons to inform Win Virginia 2008, $3,256, 2008; Virginia Sen- Safety Board for a term expiring December me of the pertinent contributions made by ate 2006, $10,000, 2006; Democratic National 31, 2013. them. To the best of my knowledge, the in- Committee, $5,000, 2005; Democratic National *Richard A. Lidinsky, Jr., of Maryland, to formation contained in this report is com- Committee, $500, 2006; Democratic National be a Federal Maritime Commissioner for the plete and accurate.) Committee, $5,000, 2007. term expiring June 30, 2012. Contributions, amount, date, donee: 3. Children and Spouses: Donald S. Beyer *Meredith Attwell Baker, of Virginia, to be 1. Self: None. III: No contributions. a Member of the Federal Communications 2. Spouse: None. Stephanie A. S. Beyer: $2,300, 3/2007, Obama Commission for the remainder of the term 3. Children and Spouses: None. for America. expiring June 30, 2011. 4. Parents: None. Clara S. Beyer: No contributions. *Mignon L. Clyburn, of South Carolina, to 5. Grandparents: None. Grace S. Beyer: No contributions. be a Member of the Federal Communications 6. Brothers and Spouses: None. 4. Parents: Donald S. Beyer, Sr.: No con- Commission for a term of five years from 7. Sisters and Spouses: None. tributions. July 1, 2007. Nancy M. Beyer: (deceased 1999). By Mr. KERRY for the Committee on For- *Donald Sternoff Beyer, Jr., of Virginia, to 5. Grandparents: Otto S. Beyer Jr.: (de- eign Relations. be Ambassador Extraordinary and Pleni- ceased 1948). *Anne Elizabeth Derse, of Maryland, a Ca- potentiary of the United States of America Clara M. Beyer: (deceased 1990). to Switzerland, and to serve concurrently Beatrice J. McDonald: (deceased 1974). reer Member of the Senior Foreign Service, Henry Stewart McDonald Jr.: (deceased and without additional compensation as Am- Class of Minister-Counselor, to be Ambas- 1985). sador Extraordinary and Plenipotentiary of bassador Extraordinary and Plenipotentiary 6. Brothers Spouses: Michael S. Beyer: the United States of America to the Republic of the United States of America to the Prin- $2,300, 8/17/07, Obama for America; $250, 5/14/ of Lithuania. cipality of Liechtenstein. 07, Whipple for Va Senate. Nominee: Anne Elizabeth Derse. Nominee: Donald Sternoff Beyer, Jr. June C. Beyer, spouse: $250, 8/6/08, Obama Post: Lithuania. Post: Chief of Mission to the Swiss Confed- for America; $250, 7/21/08, Obama for America. (The following is a list of all members of eration and the Principality of Liech- 7. Sisters and Spouses: Katherine S. Beyer my immediate family and their spouses. I tenstein. (single): No contributions. have asked each of these persons to inform (The following is a list of all members of Sharon S. Beyer (divorced): No contribu- me of the pertinent contributions made by my immediate family and their spouses. I tions. them. To the best of my knowledge, the in- have asked each of these persons to inform Marylee B. Hill: $250, 9/27/06, Feder for Con- formation contained in this report is com- me of the pertinent contributions made by gress; $250, 6/14/07, Obama for America; $2,300, plete and accurate.) them in the past four years. To the best of 8/17/07, Obama for America; $500, 10/3/07, Contributions, amount, date, donee: my knowledge, the information contained in Hudgins for Fairfax Board; $250, 3/4/07, 1. Self: None. this report is complete and accurate.) Hudgins for Fairfax Board; $600, 12/29/05, 2. Spouse: None. Contributions, amount, date, donee: Kaine Inaugural Committee; $350, 5/30/07, 3. Children and Spouses None. 1. Self: Obama for America, $4,600, 2007; Vanderhye for Va Delegate; $250, 7/2/08, Pe- 4. Parents: None, deceased. Judy Feder for Congress, $2,000, 2006; Judy tersen for Va Senate; $150, 9/24/07, Moving 5. Grandparents: None, deceased. Feder for Congress, $1,000, 2008; Al Weed for Virginia Forward. 6. Brothers and Spouses: N/A. Congress, $2,000, 2006; John Tester for U.S. Wayne Hill, Spouse: No contributions. 7. Sisters and Spouses: Jane Quasarano Senate, $1,000, 2006; Tom Harkin for U.S. Sen- Sandra S. Beyer (divorced): No contribu- (sister), None. ate, $2,280, 2007; Leonard Boswell for Con- tions.

VerDate Nov 24 2008 04:00 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.046 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7778 CONGRESSIONAL RECORD — SENATE July 21, 2009 *John R. Nay, of Michigan, a Career Mem- of the United States of America to the Com- 15/08, Committee To Re-Elect Loretta ber of the Senior Foreign Service, Class of monwealth of The Bahamas. Sanchez; $500, 11/09/07, Committee To Re- Minister-Counselor, to be Ambassador Ex- Nominee: Nicole Alexandra Avant. Elect Loretta Sanchez; $1,000, 09/16/08, Demo- traordinary and Plenipotentiary of the Post: United States Ambassador to the Ba- crats Win Seats (DWS PAC); $1,000, 09/28/07, United States of America to the Republic of hamas. Friends Of Senator Carl Levin; $1,000, 03/01/07, Suriname. (The following is a list of all members of Friends Of Patrick J. Kennedy Inc.; $500, 09/ Nominee: John R. Nay. my immediate family and their spouses. I 06/07, Barbara Lee For Congress; $1,000, 03/30/ Post: U.S. Embassy Paramaribo, have asked each of these persons to inform 08, Barbara Lee For Congress; $250, 09/30/07, Suriname. me of the pertinent contributions made by Mary Bono Mack Committee; $500, 09/17/08, (The following is a list of all members of them. To the best of my knowledge, the in- Diane E. Watson For Congress; $500, 11/14/07, my immediate family and their spouses. I formation contained in this report is com- Diane E. Watson For Congress; $2,300, 03/28/ have asked each of these persons to inform plete and accurate. 07, Hillary Clinton For President; $2,300, 05/ me of the pertinent contributions made by Contributions, Amount, Date, and Donee: 09/07, Hillary Clinton For President; $1,000, 1. Self: $1,000, 11/02/06, Music Row Demo- them. To be best of my knowledge, the infor- 06/20/08, Powers For Congress; $2,300, 10/31/07, crats Federal PAC Inc.; $2,300, 03/31/07, mation contained in this report is complete Friends Of Barbara Boxer; $2,300, 10/31/07, Obama For America; $2,300, 03/31/07, Obama and accurate.) Friends Of Barbara Boxer; $500, 03/20/08, Jesse For America; ¥$2,300, 04/26/07, Obama For Contributions, amount, date and donee: Jackson Jr. For Congress; $2,500, 07/16/08, 1. Self: $0—I have never made a political America; $2,300, 05/24/07, Obama For America; Rangel Victory Fund (Joint Fundraising donation. ¥$2,300, 05/24/07, Obama For America; $2,300, Contribution); $2,300, 10/27/08, David Scott 2. Spouse: $0—She has never made a polit- 05/24/07, Obama For America; ¥$2,300, 10/31/07, For Congress; $500, 08/27/08, Joe Garcia For ical donation. Obama For America; $500, 06/14/07, John Ed- Congress; $1,000, 03/13/07, John Edwards For 3. Children and Spouses: Janelle V.A. (Nay) wards For President; $500, 07/31/08, Hillary President; $1,000, 03/20/08, Al Franken For Bennett: $0—has never made a political do- Clinton For President; $1,000, 10/21/08, Com- Senate; $500, 07/07/08, Congressman Waxman nation; Jamison R. Bennett: $0—has never mittee For Change (Joint Fundraiser Con- Campaign Committee; $1,000, 08/16/07, LA made a political donation; Jaclyn E.A. Nay: tribution); $1,000, 10/27/08, Nebraskans For PAC; $1,000, 11/20/07, Berman For Congress; $0—has never made a political donation; Jor- Kleeb. dan R. Nay: $0—has never made a political 2. Spouse: None. $300, 06/28/08, Committee To Re-Elect Ed donation. 3. Children and Spouses: None. Towns; $2,000, 06/28/08, Committee To Re- 4. Parents: Jack R. Nay: $50, Spring 2006, 4. Parents: Clarence Avant (father): 2005/ Elect Ed Towns; ¥$400, 04/29/08, Friends Of Joe Schwartz (R–Michigan); Geraldine G. 2006, $1,000, 10/16/06, Democratic Senatorial Jim Clyburn; $300, 09/24/07, Friends Of Jim Nay: $0, (made only one political donation in Campaign Committee; $1,000, 03/22/06, Friends Clyburn; $700, 09/24/07, Friends Of Jim Cly- her lifetime—$30 to the Democratic Nat’l Of Rahm Emanuel; $2,100, 09/30/06, Tennessee burn; $2,000, 06/14/07, Friends Of Jim Clyburn; Committee in March 1996). Senate 2006 (Joint Fundraising Contribu- $2,300, 05/02/07, Rangel For Congress; $1,000, 5. Grandparents: Decreased. tion); $500, 06/30/05, LA PAC; $1,000, 10/24/05, 08/20/07, Conyers for Congress; $2,500, 08/02/08, 6. Brothers and Spouses: None. Berman For Congress; $1,200, 07/14/06, Harold Conyers For Congress; $¥1,200, 08/02/ 7. Sisters and Spouses: Karen Y. Sefchick: Ford Jr. For Tennessee; $900, 02/27/06, Harold 08,Conyers For Congress; $1,200, 08/02/ $0—has never made a political donation. Ford Jr. For Tennessee; $2,000, 08/20/05, Har- 08,Conyers For Congress; $5,000, 09/19/08, old Ford Jr. For Tennessee; $1,000, 12/15/05, Obama Victory Fund (Joint Fundraising *Vinai K. Thummalapally, of Colorado, to Cantwell 2012; $1,000, 01/12/06, Mfume For US Contribution); $28,500, 6/30/08, Obama Victory be Ambassador Extraordinary and Pleni- Senate; $1,000, 06/05/06, Mfume For US Sen- Fund (Joint Fundraising Contribution); potentiary of the United States of America ate; $1,100, 08/16/06, Mfume For US Senate; $2,300, 03/08/07, Obama For America. Jac- to Belize. $500, 04/01/06, Schiff For Congress; $1,000, 11/01/ queline Avant (mother): 2005/2006, $2,100, 04/ Nominee: Vinai Kumar Thummalapally. 05, Schiff For Congress; $5,000, 05/20/05, 19/06, Friends Of Hillary; 2007/2008, $250, 02/14/ Post: Chief of Mission, Belize. 07, Emily’s List; $2,300, 03/28/07, Hillary Clin- (The following is a list of all members of Hopefund, Inc.; $500, 11/01/06, Mejias For Con- gress; $500, 09/30/06, Mejias For Congress; ton For President; $4,600, 08/31/08, Obama Vic- my immediate family and their spouses. I tory Fund (Joint Fundraiser Contribution); have asked each of these persons to inform $1,000, 09/26/05, Friends Of Patrick J. Kennedy Inc.; $500, 04/18/06, Barbara Lee For Congress; $1,000, 09/16/08, Democrats Win Seats (DWS me of the pertinent contributions made by PAC); $2,000, 12/08/08, Friends of Barbara them. To the best of my knowledge, the in- $1,000, 05/01/05, Barbara Lee For Congress; $1,000, 06/26/06, Mary Bono Committee; $500, Boxer. formation contained in this report is com- 5. Grandparents: Zella Gray (maternal plete and accurate.) 02/12/06, Hackett For Senate; $1,000, 03/14/06, Carter For Senate Committee; $500, 05/30/06, grandmother)—deceased; Leon Gray (mater- Contributions, amount, date, and donee: nal grandfather)—deceased; Gertrude Woods 1. Self: $2,200, 6/07, Obama for America; Friends Of Tammy Duckworth; $2,000, 08/25/ (paternal grandmother)—deceased; Phoenix $9,000, 9/08, Obama Victory Fund; $500, 9/08, 05, Citizens For Waters; $1,000, 03/23/06, Fein- Jarrell (paternal grandfather)—deceased. Madia for U.S. Congress; $500, 7/08, Hal stein For Senate; $250, 03/24/06, Committee To Re-Elect Loretta Sanchez; $250, 11/07/05, Com- 6. Brothers and Spouses: Alexander Avant Bidlack for Congress. (brother): $500, 6/07/07, Hillary Clinton For 2. Spouse: Barbara: $2,300, 6/07, Obama for mittee To Re-Elect Loretta Sanchez; $500, 06/ President; $500, 09/11/07, Hillary Clinton For America; $100, 10/08, Josh Segall for Congress 22/06, Klobuchar For Minnesota; $500, 04/25/05, President; $250, 12/13/07, Hillary Clinton For (AL); $500, 9/08, Obama Victory Fund; $500, 9/ Bill Nelson For US Senate; $500, 03/31/06, Bill President; $2,300, 06/30/08, Obama Victory 08, Obama for America; $500, 8/08, Udall for Nelson For US Senate; $400, 10/20/05, Friends Fund (Joint Fundraiser Contribution); $2,500, Colorado, US Senate; $300, 9/08, Udall for Col- Of Hillary; $1,000, 06/14/05, Friends Of Hillary; 09/19/08, Obama Victory Fund (Joint Fund- orado, US Senate; $1,000, 1/09, Ritter for Gov- $4,200, 04/04/06, Friends of Hillary; $1,000, 07/11/ 05, Friends Of Hillary; ¥$3,500, 05/02/06, raiser Contribution); $250, 10/10/08, Hill PAC. ernor, Colorado; $1,000, 3/09, Bennet for U.S. 7. Sisters and Spouses—None. Senate; $25, 3/09, Organizing for America. Friends Of Hillary; $2,500, 10/19/06, Hill PAC; 3. Children: Vishal: $2,500, 6/07, Obama for $500, 07/25/06, Lawless For Congress; $500, 03/ *Howard W. Gutman, of Maryland, to be America; $1,800, 6/07, Obama for America; 19/06, Jesse Jackson Jr. For Congress; $500, Ambassador Extraordinary and Pleni- $1,000, 3/09, Bennet for U.S. Senate. 12/03/05, Jesse Jackson Jr. For Congress; potentiary of the United States of America Sharanya: $2,275, 6/07, Obama for America. $1,900, 12/15/05, Kennedy For Senate 2012; to Belgium. 4. Parents: Dharma R. Thummalapalli: $2,100, 12/15/05, Kennedy For Senate 2012; NOMINEE—Howard Gutman. None. $1,000, 11/04/05, Steele For Maryland Inc.; (The following is a list of all members of Padmaja Thummalapally: None. $1,000, 02/21/06, DNC Services Corporation/ my immediate family and their spouses. I 5. Grandparents: (deceased): None. Democratic National Committee; $1,000, 11/ 6. Brother and Spouse: Ajay K. have asked each of these persons to inform 02/06, DNC Services Corporation/Democratic Thummalapally: None. me of the pertinent contributions made by National Committee; 2007/2008, $1,000, 08/31/07, Vilasini Reddy: None. them. To the best of my knowledge, the in- 7a. Sisters and Spouses: Deepika Rao: Democratic Congressional Campaign Com- formation contained in this report is com- None. mittee; $2,000, 01/23/08, Democratic Congres- plete and accurate.) Sagar Rao: None. sional Campaign Committee; $1,000, 10/10/07, Contributions, amount, date, and donee: 7b. Rasika G. Reddy: $2,300, 6/30/07, Obama Friends Of Rahm Emanuel; $500, 07/14/08, 1. Self: $4600, 3/29/07, Obama for America; for America; $2,300, 7/17/08, Obama Victory Loebsack For Congress; $500, 09/30/07, John $1000, 6/30/06, Boswell for Congress; $1000, 9/21/ Fund; $2,300, 7/31/08, Obama for America; Hall For Congress; $1,000, 05/11/07, Richardson 06, Ben Cardin for Senate; $1000, 2/23/08, Ben $2,300 10/01/08, Madia for U.S. Congress. For President Inc.; $1,000, 11/23/07, Friends Of Cardin for Senate; $1000, 6/30/2006, Friends of Girish V. Reddy: $2,300, 6/30/07, Obama for Mark Warner; $2,300, 08/28/08, Friends Of Hil- Joe Lieberman; $1000, 9/25/2008, Patrick Mur- America; $1,000, 7/31/08, Obama Victory Fund; lary; $5,000, 07/29/08, Hill PAC; $2,300, 07/18/08, phy for Congress; $250, 2/27/06, David Yassky $1,000, 7/31/08, Obama Victory Fund; $28,500, Vernon Jones For Georgia; $500, 07/10/07, for Congress; $1000, 12/10/08, Mikulski for Sen- 10/02/08, Obama Victory Fund; $2,300, 10/16/08, Richardson For Congress; $250, 06/25/07, Rich- ate Committee; $500, 3/01/06, Whitehouse for Obama for America. ardson For Congress; $500, 08/08/07, Richard- Senate; $2300, 11/24/08, Hillary Clinton for son For Congress; $500, 05/19/08, Alaskans For President; $5000, 7/06/05, Forward Together *Nicole A. Avant, of California, to be Am- Begich; $750, 06/18/08, Citizens For Waters; PAC; $5000, 1/10/2006, Forward Together PAC; bassador Extraordinary and Plenipotentiary $1,000, 07/21/07, Citizens For Waters; $500, 10/ $2300, 9/24/2007, Friends of Mark Warner;

VerDate Nov 24 2008 02:14 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.072 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7779 $2300, 1/16/2008, Friends of Mark Warner; Congress, $2300, 2007, David Thorne; Biden for Housing Act to improve the program under $1000, 4/18/07, Friends of Mary Landrieu; $2100, President, $1000, 2007, David Thorne; Obama such section for supportive housing for per- 3/8/06, Miller 2006 (Harris Miller); $2100, 10/31/ for America, $1000, 2008, David Thorne; sons with disabilities; to the Committee on 05, Rales for Senate; $2500, 9/23/08, Demo- Obama for America, $1000, 2008, David Banking, Housing, and Urban Affairs. cratic Party of Virginia; Thorne; Obama for America, $250, 2008, David By Mr. KERRY (for himself, Ms. 2.Spouse: Michelle Loewinger or Michelle Thorne; Obama Victory Fund, $1000, 2008, SNOWE, Mr. ROCKEFELLER, Mr. PRYOR, Gutman: $5000, 7/6/05, Forward Together PAC; David Thorne; Obama Victory Fund, $250, and Mr. WYDEN): $5000, 1/10/06, Forward Together PAC; 3/29/07, 2008, David Thorne; Obama Victory Fund, S. 1482. A bill to reauthorize the 21st Cen- $2300, Obama for America; 5/25/07, $2300, $1000, 2008, David Thorne; Footlik for Con- tury Nanotechnology Research and Develop- Obama for America; 10/31/05, $2100, Rales for gress, $1000, 2008, David Thorne; Young ment Act, and for other purposes; to the Senate; 9/24/07, $2300, Friends of Mark War- Democrats of America, $500, 2008, David Committee on Commerce, Science, and ner; 1/16/08, $2300, Friends of Mark Warner; Thorne. Transportation. 3. Children and Spouses: Collin Gutman— Spouse: Friends of John Kerry, $2100, 2006, By Ms. KLOBUCHAR: single—none; Chase Gutman—single—none. Rose Thorne; John Powers for Congress, S. 1483. A bill to designate the Department 4. Parents: Max Gutman—deceased 1973; $1300, 2007, Rose Thorne; John Powers for of Veterans Affairs outpatient clinic in Alex- Roslyn Gutman—none. Congress, $1000, 2007, Rose Thorne. andria, Minnesota, as the ‘‘Max J. Beilke De- 5. Grandparents: All grandparents are de- Mr. KERRY. Mr. President, for the partment of Veterans Affairs Outpatient ceased for decades. Committee on Foreign Relations I re- Clinic’’; to the Committee on Veterans’ Af- 6. Brothers and Spouses: None. port favorably the following nomina- fairs. 7. Sisters and Spouses: Deborah Studen tion list which was printed in the By Mr. NELSON of Florida (for himself (Harvey Studen)—none. and Mr. MARTINEZ): RECORD on the date indicated, and ask S. 1484. A bill to amend the Internal Rev- *Vilma S. Martinez, of California, to be unanimous consent, to save the ex- enue Code of 1986 to create Catastrophe Sav- Ambassador Extraordinary and Pleni- pense of reprinting on the Executive ings Accounts; to the Committee on Finance. potentiary of the United States of America Calendar that this nomination lie at By Mr. MARTINEZ (for himself and to Argentina. the Secretary’s desk for the informa- Mr. NELSON of Florida): Nominee: Vilma S. Martinez. tion of Senators. S. 1485. A bill to improve hurricane pre- Post: Ambassador to Argentina. paredness by establishing the National Hur- (The following is a list of all members of The PRESIDING OFFICER. Without objection, it is so ordered. ricane Research Initiative and for other pur- my immediate family and their spouses. I poses; to the Committee on Commerce, have asked each of these persons to inform *Foreign Service nominations beginning Science, and Transportation. me of the pertinent contributions made by with Christopher L. Andino and ending with By Mr. NELSON of Florida (for himself them. To the best of my knowledge the infor- Holly Hope Zardus, which nominations were and Mr. MARTINEZ): mation contained in this report is complete received by the Senate and appeared in the S. 1486. A bill to amend the Internal Rev- and accurate.) Congressional Record on June 25, 2009. enue Code of 1986 to provide for the creation Contributions, amount, date, donee: *Nomination was reported with rec- of disaster protection funds by property and 1. Self: $931.00, 1/29/2008, Obama for Amer- ommendation that it be confirmed sub- casualty insurance companies for the pay- ica; $1,000.00, 10/30/2008, Obama for America; ment of policyholders’ claims arising from $250.00, 3/25/2006, Friends of Juan Vargas; ject to the nominee’s commitment to respond to requests to appear and tes- future catastrophic events; to the Com- $200.00, 10/02/2006, Madrid for Congress. mittee on Finance. 2. Spouse: not applicable. tify before any duly constituted com- By Mr. NELSON of Florida (for himself 3. Children and Spouses: Ricardo T. Singer: mittee of the Senate. and Mr. MARTINEZ): none. f S. 1487. A bill to establish a bipartisan Carlos A. Singer: $1,000.00, 10/11/2004, Demo- commission on insurance reform; to the cratic National Committee. INTRODUCTION OF BILLS AND Committee on Banking, Housing, and Urban Jessica Uzcategui, (Carlos’ spouse): $500.00, JOINT RESOLUTIONS Affairs. 1/26/2008, Obama for America. By Mr. BURRIS: 4. Parents: Salvador Martinez: deceased. The following bills and joint resolu- S. 1488. A bill to extend temporarily the 18- Marina P. Martinez: deceased. tions were introduced, read the first month period of continuation coverage under 5. Grandparents: Guadalupe Martinez: de- and second times by unanimous con- group health plans required under COBRA ceased. sent, and referred as indicated: continuation coverage provisions so as to Zaragoza Martinez: deceased. provide for a total period of continuation Agustina Pin˜ a: deceased. By Mrs. MCCASKILL: coverage of up to 24 months; to the Com- Rosendo Pin˜ a: deceased. S. 1476. A bill to require all new and up- mittee on Health, Education, Labor, and 6. Brothers and Spouses: Salvador Mar- graded fuel pumps to be equipped with auto- Pensions. tinez, Jr.: unable to locate. matic temperature compensation equipment, Mary Jane Martinez (spouse): deceased. and for other purposes; to the Committee on By Ms. SNOWE: James P. Martinez: none. Commerce, Science, and Transportation. S. 1489. A bill to amend the Small Business 7. Sisters and Spouses: Rose Linda Her- By Mr. FEINGOLD: Act to create parity among small business nandez: none. S. 1477. A bill to establish a user fee for fol- contracting programs, and for other pur- Robert Hernandez (spouse): none. low-up reinspections under the Federal Food, poses; to the Committee on Small Business Elizabeth Bond: none. Drug, and Cosmetic Act; to the Committee and Entrepreneurship. Charles Bond (spouse): none. on Health, Education, Labor, and Pensions. By Mrs. GILLIBRAND (for herself, Mr. f (*David H. Thorne, of Massachusetts, to be ALEXANDER, and Mr. REID): Ambassador Extraordinary and Pleni- S. 1478. A bill to strengthen communities SUBMISSION OF CONCURRENT AND potentiary of the United States of America through English literacy and civics edu- SENATE RESOLUTIONS to the Italian Republic, and to serve concur- cation for new Americans, and for other pur- The following concurrent resolutions rently and without additional compensation poses; to the Committee on Finance. as Ambassador Extraordinary and Pleni- By Ms. KLOBUCHAR (for herself and and Senate resolutions were read, and potentiary of the United States of America Mr. FRANKEN): referred (or acted upon), as indicated: to the Republic of San Marino.) S. 1479. A bill to provide for the treatment By Mr. MCCONNELL: Nominee: David H. Thorne. of certain hospitals; to the Committee on Fi- S. Res. 218. A resolution making minority Post: Ambassador to Italy and San Marino. nance. party appointments for the 111th Congress; (The following is a list of all members of By Mr. KOHL (for himself, Mr. FEIN- considered and agreed to. my immediate family and their spouses. I GOLD, Mr. KERRY, Mr. DURBIN, Mr. By Mr. MENENDEZ: have asked each of these persons to inform BEGICH, Mr. BINGAMAN, and Mr. TEST- S. Res. 219. A resolution honoring the me of the pertinent contributions made by ER): hockey team of East Side High School in them. To the best of my knowledge, the in- S. 1480. A bill to amend the Child Nutrition Newark, New Jersey; to the Committee on formation contained in this report is com- Act of 1966 to establish a program to improve the Judiciary. plete and accurate.) the health and education of children through By Mr. BURRIS: Donee, amount, date, and donor: grants to expand school breakfast programs, S. Con. Res. 33. A concurrent resolution ex- Self: Democratic National Committee, and for other purposes; to the Committee on pressing the sense of Congress that a com- $100, 2006, David Thorne; Democratic Na- Agriculture, Nutrition, and Forestry. memorative postage stamp should be issued tional Committee, $1000, 2006, David Thorne; By Mr. MENENDEZ (for himself and to honor the crew of the USS Mason DE-529 New Hampshire Democratic Party, $1000, Mr. JOHANNS): who fought and served during World War II; 2006, David Thorne; Friends of John Kerry, S. 1481. A bill to amend section 811 of the to the Committee on Homeland Security and $2100, 2006, David Thorne; John Powers for Cranston-Gonzalez National Affordable Governmental Affairs.

VerDate Nov 24 2008 04:00 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.101 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7780 CONGRESSIONAL RECORD — SENATE July 21, 2009 ADDITIONAL COSPONSORS (Mr. ALEXANDER) was added as a co- S. 1153 S. 144 sponsor of S. 846, a bill to award a con- At the request of Mr. SCHUMER, the At the request of Mr. KERRY, the gressional gold medal to Dr. Muham- name of the Senator from Michigan name of the Senator from Florida (Mr. mad Yunus, in recognition of his con- (Mr. LEVIN) was added as a cosponsor of MARTINEZ) was added as a cosponsor of tributions to the fight against global S. 1153, a bill to amend the Internal S. 144, a bill to amend the Internal poverty. Revenue Code of 1986 to extend the ex- Revenue Code of 1986 to remove cell S. 913 clusion from gross income for em- phones from listed property under sec- At the request of Mr. CORNYN, the ployer-provided health coverage for tion 280F. name of the Senator from Kansas (Mr. employees’ spouses and dependent children to coverage provided to other eli- S. 211 BROWNBACK) was added as a cosponsor gible designated beneficiaries of em- At the request of Mrs. MURRAY, the of S. 913, a bill to amend the Internal ployees. name of the Senator from North Da- Revenue Code of 1986 to expand work- S. 1156 kota (Mr. CONRAD) was added as a co- place health incentives by equalizing sponsor of S. 211, a bill to facilitate na- the tax consequences of employee ath- At the request of Mr. HARKIN, the tionwide availability of 2-1-1 telephone letic facility use. name of the Senator from Maine (Ms. service for information and referral on S. 941 SNOWE) was added as a cosponsor of S. human services and volunteer services, At the request of Mr. CRAPO, the 1156, a bill to amend the Safe, Account- and for other purposes. name of the Senator from Alaska (Ms. able, Flexible, Efficient Transportation S. 237 MURKOWSKI) was added as a cosponsor Equity Act: A Legacy for Users to reauthorize and improve the safe routes At the request of Mr. LEVIN, the of S. 941, a bill to reform the Bureau of name of the Senator from New York Alcohol, Tobacco, Firearms, and Explo- to school program. (Mr. SCHUMER) was added as a cospon- sives, modernize firearm laws and regu- S. 1265 sor of S. 237, a bill to establish a col- lations, protect the community from At the request of Mr. CORNYN, the laborative program to protect the criminals, and for other purposes. name of the Senator from Utah (Mr. Great Lakes, and for other purposes. S. 1026 HATCH) was added as a cosponsor of S. S. 254 At the request of Mr. CORNYN, the 1265, a bill to amend the National At the request of Mrs. LINCOLN, the name of the Senator from Utah (Mr. Voter Registration Act of 1993 to pro- name of the Senator from Indiana (Mr. HATCH) was added as a cosponsor of S. vide members of the Armed Forces and BAYH) was added as a cosponsor of S. 1026, a bill to amend the Uniformed and their family members equal access to 254, a bill to amend title XVIII of the Overseas Citizens Absentee Voting Act voter registration assistance, and for Social Security Act to provide for the to improve procedures for the collec- other purposes. coverage of home infusion therapy tion and delivery of marked absentee S. 1279 under the Medicare Program. ballots of absent overseas uniformed At the request of Mr. NELSON of Ne- S. 428 service voters, and for other purposes. braska, the name of the Senator from At the request of Mr. DORGAN, the S. 1055 New Mexico (Mr. UDALL) was added as name of the Senator from Michigan At the request of Mrs. BOXER, the a cosponsor of S. 1279, a bill to amend (Mr. LEVIN) was added as a cosponsor of name of the Senator from New Jersey the Medicare Prescription Drug, Im- S. 428, a bill to allow travel between (Mr. MENENDEZ) was added as a cospon- provement, and Modernization Act of the United States and Cuba. sor of S. 1055, a bill to grant the con- 2003 to extend the Rural Community S. 572 gressional gold medal, collectively, to Hospital Demonstration Program. At the request of Mr. WEBB, the name the 100th Infantry Battalion and the S. 1304 of the Senator from Missouri (Mrs. 442nd Regimental Combat Team, At the request of Mr. GRASSLEY, the MCCASKILL) was added as a cosponsor United States Army, in recognition of names of the Senator from Montana of S. 572, a bill to provide for the their dedicated service during World (Mr. BAUCUS) and the Senator from issuance of a ‘‘forever stamp’’ to honor War II. Pennsylvania (Mr. CASEY) were added the sacrifices of the brave men and S. 1066 as cosponsors of S. 1304, a bill to re- women of the armed forces who have At the request of Mr. SCHUMER, the store the economic rights of auto- been awarded the Purple Heart. name of the Senator from Missouri mobile dealers, and for other purposes. S. 616 (Mr. BOND) was added as a cosponsor of S. 1312 At the request of Mr. HARKIN, the S. 1066, a bill to amend title XVIII of At the request of Mr. ISAKSON, the name of the Senator from Ohio (Mr. the Social Security Act to preserve ac- name of the Senator from Delaware BROWN) was added as a cosponsor of S. cess to ambulance services under the (Mr. KAUFMAN) was added as a cospon- 616, a bill to amend the Public Health Medicare program. sor of S. 1312, a bill to amend title Service Act to authorize medical sim- S. 1121 XVIII of the Social Security Act to ulation enhancement programs, and for At the request of Mr. HARKIN, the provide for coverage, as supplies asso- other purposes. name of the Senator from Washington ciated with the injection of insulin, of S. 781 (Mrs. MURRAY) was added as a cospon- containment, removal, decontamina- At the request of Mr. ROBERTS, the sor of S. 1121, a bill to amend part D of tion and disposal of home-generated name of the Senator from South Da- title V of the Elementary and Sec- needles, syringes, and other sharps kota (Mr. THUNE) was added as a co- ondary Education Act of 1965 to pro- through a sharps container, decon- sponsor of S. 781, a bill to amend the vide grants for the repair, renovation, tamination/destruction device, or Internal Revenue Code of 1986 to pro- and construction of elementary and sharps-by-mail program or similar provide for collegiate housing and infra- secondary schools, including early gram under part D of the Medicare pro- structure grants. learning facilities at the elementary gram. S. 812 schools. S. 1324 At the request of Mr. BAUCUS, the S. 1128 At the request of Mr. DEMINT, the name of the Senator from Wyoming At the request of Mr. ROBERTS, the name of the Senator from Oklahoma (Mr. BARRASSO) was added as a cospon- name of the Senator from South Da- (Mr. INHOFE) was added as a cosponsor sor of S. 812, a bill to amend the Inter- kota (Mr. JOHNSON) was added as a co- of S. 1324, a bill to ensure that every nal Revenue Code of 1986 to make per- sponsor of S. 1128, a bill to authorize American has a health insurance plan manent the special rule for contribu- the award of a military service medal that they can afford, own, and keep. tions of qualified conservation con- to members of the Armed Forces who S. 1344 tributions. were exposed to ionizing radiation as a At the request of Mr. VITTER, the S. 846 result of participation in the testing of names of the Senator from Kentucky At the request of Mr. DURBIN, the nuclear weapons or under other cir- (Mr. BUNNING), the Senator from Ne- name of the Senator from Tennessee cumstances. braska (Mr. JOHANNS) and the Senator

VerDate Nov 24 2008 02:29 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.048 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7781 from Alabama (Mr. SESSIONS) were (Mr. SCHUMER) was added as a cospon- CASEY), the Senator from Iowa (Mr. added as cosponsors of S. 1344, a bill to sor of S. 1474, a bill to amend the Inter- HARKIN), the Senator from New Jersey temporarily protect the solvency of the nal Revenue Code of 1986 to repeal the (Mr. LAUTENBERG) and the Senator Highway Trust Fund. provision prohibiting the crediting of from Virginia (Mr. WARNER) were added S. 1362 interest to the Highway Trust Fund, as cosponsors of amendment No. 1515 At the request of Mr. REED, the name and for other purposes. proposed to S. 1390, an original bill to of the Senator from Hawaii (Mr. S. CON. RES. 25 authorize appropriations for fiscal year AKAKA) was added as a cosponsor of S. At the request of Mr. MENENDEZ, the 2010 for military activities of the De- 1362, a bill to provide grants to States name of the Senator from Delaware partment of Defense, for military con- to ensure that all students in the mid- (Mr. CARPER) was added as a cosponsor struction, and for defense activities of dle grades are taught an academically of S. Con. Res. 25, a concurrent resolu- the Department of Energy, to prescribe rigorous curriculum with effective sup- tion recognizing the value and benefits military personnel strengths for such ports so that students complete the that community health centers provide fiscal year, and for other purposes. middle grades prepared for success in as health care homes for over 18,000,000 AMENDMENT NO. 1517 high school and postsecondary endeav- individuals, and the importance of ena- At the request of Mr. BUNNING, the ors, to improve State and district poli- bling health centers and other safety name of the Senator from Alaska (Ms. cies and programs relating to the aca- net providers to continue to offer ac- MURKOWSKI) was added as a cosponsor demic achievement of students in the cessible, affordable, and continuous of amendment No. 1517 intended to be middle grades, to develop and imple- care to their current patients and to proposed to S. 1390, an original bill to ment effective middle grades models every American who lacks access to authorize appropriations for fiscal year for struggling students, and for other preventive and primary care services. 2010 for military activities of the De- purposes. S. RES. 210 partment of Defense, for military con- S. 1408 At the request of Mrs. LINCOLN, the struction, and for defense activities of At the request of Mr. MENENDEZ, the name of the Senator from Mississippi the Department of Energy, to prescribe name of the Senator from Alaska (Ms. (Mr. WICKER) was added as a cosponsor military personnel strengths for such MURKOWSKI) was added as a cosponsor of S. Res. 210, a resolution designating fiscal year, and for other purposes. of S. 1408, a bill to amend the Internal the week beginning on November 9, AMENDMENT NO. 1528 Revenue Code of 1986 to encourage al- 2009, as National School Psychology At the request of Mr. LIEBERMAN, the ternative energy investments and job Week. names of the Senator from Oklahoma creation. S. RES. 212 (Mr. INHOFE) and the Senator from Ala- S. 1415 At the request of Mr. JOHANNS, the bama (Mr. SESSIONS) were added as co- At the request of Mr. SCHUMER, the name of the Senator from Tennessee sponsors of amendment No. 1528 pro- names of the Senator from Oklahoma (Mr. ALEXANDER) was added as a co- posed to S. 1390, an original bill to au- (Mr. INHOFE), the Senator from Vir- sponsor of S. Res. 212, a resolution ex- thorize appropriations for fiscal year ginia (Mr. WEBB), the Senator from pressing the sense of the Senate that 2010 for military activities of the De- Wyoming (Mr. ENZI), the Senator from any savings under the Medicare pro- partment of Defense, for military con- Oregon (Mr. MERKLEY) and the Senator gram should be invested back into the struction, and for defense activities of from Tennessee (Mr. CORKER) were the Department of Energy, to prescribe added as cosponsors of S. 1415, a bill to Medicare program, rather than cre- military personnel strengths for such amend the Uniformed and Overseas ating new entitlement programs. fiscal year, and for other purposes. Citizens Absentee Voting Act to ensure AMENDMENT NO. 1501 At the request of Mr. LEVIN, the that absent uniformed services voters At the request of Mr. LEAHY, the name of the Senator from Vermont and overseas voters are aware of their name of the Senator from Arkansas (Mr. LEAHY) was added as a cosponsor voting rights and have a genuine op- (Mrs. LINCOLN) was added as a cospon- of amendment No. 1528 proposed to S. portunity to register to vote and have sor of amendment No. 1501 intended to 1390, supra. their absentee ballots cast and count- be proposed to S. 1390, an original bill ed, and for other purposes. to authorize appropriations for fiscal AMENDMENT NO. 1543 At the request of Mr. RISCH, the S. 1422 year 2010 for military activities of the name of the Senator from Arkansas At the request of Mrs. MURRAY, the Department of Defense, for military names of the Senator from Washington construction, and for defense activities (Mrs. LINCOLN) was added as a cospon- (Ms. CANTWELL), the Senator from New of the Department of Energy, to pre- sor of amendment No. 1543 intended to York (Mr. SCHUMER) and the Senator scribe military personnel strengths for be proposed to S. 1390, an original bill from Wisconsin (Mr. FEINGOLD) were such fiscal year, and for other pur- to authorize appropriations for fiscal added as cosponsors of S. 1422, a bill to poses. year 2010 for military activities of the amend the Family and Medical Leave At the request of Mr. BOND, the name Department of Defense, for military Act of 1993 to clarify the eligibility re- of the Senator from Idaho (Mr. RISCH) construction, and for defense activities quirements with respect to airline was added as a cosponsor of amend- of the Department of Energy, to pre- flight crews. ment No. 1501 intended to be proposed scribe military personnel strengths for S. 1439 to S. 1390, supra. such fiscal year, and for other pur- At the request of Mr. WYDEN, the AMENDMENT NO. 1514 poses. name of the Senator from Kansas (Mr. At the request of Mr. SANDERS, the AMENDMENT NO. 1558 ROBERTS) was added as a cosponsor of name of the Senator from Oregon (Mr. At the request of Mr. NELSON of Flor- S. 1439, a bill to provide for duty-free WYDEN) was added as a cosponsor of ida, the name of the Senator from New treatment of certain recreational per- amendment No. 1514 intended to be pro- Jersey (Mr. LAUTENBERG) was added as formance outerwear, and for other pur- posed to S. 1390, an original bill to au- a cosponsor of amendment No. 1558 in- poses. thorize appropriations for fiscal year tended to be proposed to S. 1390, an S. 1469 2010 for military activities of the De- original bill to authorize appropria- At the request of Mrs. BOXER, the partment of Defense, for military con- tions for fiscal year 2010 for military name of the Senator from California struction, and for defense activities of activities of the Department of De- (Mrs. FEINSTEIN) was added as a co- the Department of Energy, to prescribe fense, for military construction, and sponsor of S. 1469, a bill to provide for military personnel strengths for such for defense activities of the Depart- the administration of Port Chicago fiscal year, and for other purposes. ment of Energy, to prescribe military Naval Magazine National Memorial as AMENDMENT NO. 1515 personnel strengths for such fiscal a unit of the National Park System, At the request of Mr. NELSON of Flor- year, and for other purposes. and for other purposes. ida, the names of the Senator from AMENDMENT NO. 1597 S. 1474 Florida (Mr. MARTINEZ), the Senator At the request of Mr. BROWNBACK, the At the request of Mr. BAUCUS, the from North Carolina (Mr. BURR), the names of the Senator from Arizona name of the Senator from New York Senator from Pennsylvania (Mr. (Mr. KYL), the Senator from Oklahoma

VerDate Nov 24 2008 02:29 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.049 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7782 CONGRESSIONAL RECORD — SENATE July 21, 2009 (Mr. INHOFE) and the Senator from (Mr. MERKLEY) and the Senator from clude automatic temperature compen- Utah (Mr. BENNETT) were added as co- Tennessee (Mr. CORKER) were added as sating equipment. Prior to that 6 year sponsors of amendment No. 1597 pro- cosponsors of amendment No. 1635 in- timeline, if a retailer replaces their posed to S. 1390, an original bill to au- tended to be proposed to S. 1390, an pumps, they must replace it with a thorize appropriations for fiscal year original bill to authorize appropria- pump that will be able to compensate 2010 for military activities of the De- tions for fiscal year 2010 for military for temperature fluctuations. Rural re- partment of Defense, for military con- activities of the Department of De- tail gasoline owners are exempt from struction, and for defense activities of fense, for military construction, and this replacement requirement and the the Department of Energy, to prescribe for defense activities of the Depart- bill provides grant assistance for small military personnel strengths for such ment of Energy, to prescribe military retail owners to retrofit or purchase fiscal year, and for other purposes. personnel strengths for such fiscal pumps with temperature compensating AMENDMENT NO. 1599 year, and for other purposes. equipment. At the request of Mr. BEGICH, the AMENDMENT NO. 1637 American families deserve to be name of the Senator from Alaska (Ms. At the request of Mr. PRYOR, the treated fairly. They deserve to get MURKOWSKI) was added as a cosponsor name of the Senator from Vermont what they pay for. With the current of amendment No. 1599 intended to be (Mr. LEAHY) was added as a cosponsor economic crisis and the high prices of proposed to S. 1390, an original bill to of amendment No. 1637 intended to be gasoline, every penny we can save the authorize appropriations for fiscal year proposed to S. 1390, an original bill to consumer will go along way to helping 2010 for military activities of the De- authorize appropriations for fiscal year them survive these tough times. This partment of Defense, for military con- 2010 for military activities of the De- legislation will help to achieve this struction, and for defense activities of partment of Defense, for military con- goal. It will finally give consumers the the Department of Energy, to prescribe struction, and for defense activities of fairness they deserve. I am pleased that this bill has been military personnel strengths for such the Department of Energy, to prescribe endorsed by the Owner-Operator Inde- fiscal year, and for other purposes. military personnel strengths for such pendent Drivers Association, OOIDA, fiscal year, and for other purposes. AMENDMENT NO. 1618 USPIRG and Consumer Watchdog. I At the request of Mr. THUNE, the f look forward to working with the mem- names of the Senator from Oklahoma STATEMENTS ON INTRODUCED bers of the Commerce Committee and (Mr. INHOFE), the Senator from Idaho BILLS AND JOINT RESOLUTIONS the full Senate in getting this legisla- (Mr. RISCH), the Senator from Mis- tion passed. I think we owe it to the By Mrs. MCCASKILL: sissippi (Mr. COCHRAN) and the Senator American consumers. from Mississippi (Mr. WICKER) were S. 1476. A bill to require all new and upgraded fuel pumps to be equipped Mr. President, I ask unanimous con- added as cosponsors of amendment No. sent that the text of the bill be printed 1618 proposed to S. 1390, an original bill with automatic temperature compensation equipment, and for other in the RECORD. to authorize appropriations for fiscal There being no objection, the text of purposes; to the Committee on Com- year 2010 for military activities of the the bill was ordered to be printed in merce, Science, and Transportation. Department of Defense, for military the RECORD, as follows: construction, and for defense activities Mrs. MCCASKILL. Mr. President, today I am here to S. 1476 of the Department of Energy, to pre- talk about a simple bill that would cor- Be it enacted by the Senate and House of Rep- scribe military personnel strengths for rect a serious injustice. resentatives of the United States of America in such fiscal year, and for other pur- Congress assembled, Each year U.S. consumers spend $2.57 poses. SECTION 1. SHORT TITLE. billion more than they should for gaso- AMENDMENT NO. 1621 This Act may be cited as the ‘‘Future Ac- line and diesel fuel. This is because countability in Retail Fuel Act’’ or the At the request of Mrs. SHAHEEN, the they are buying hot fuel. The physics ‘‘FAIR Fuel Act’’. names of the Senator from Missouri behind hot fuel are fairly simple. Re- SEC. 2. DEFINITIONS. (Mr. BOND) and the Senator from Mis- tailers currently measure our gasoline In this Act: souri (Mrs. MCCASKILL) were added as as it if is stored at 60 degrees Fahr- (1) AUTOMATIC TEMPERATURE COMPENSATION cosponsors of amendment No. 1621 in- enheit. However, if the temperature in- EQUIPMENT.—The term ‘‘automatic tempera- tended to be proposed to S. 1390, an creases, as it often does during the ture compensation equipment’’ has the original bill to authorize appropria- meaning given the term in the National In- summer or in warm climates, the gaso- stitute of Standards and Technology Hand- tions for fiscal year 2010 for military line expands so that consumers are get- activities of the Department of De- book 44. ting less energy per gallon of fuel. Yet, (2) EQUIVALENT STANDARD.—The term fense, for military construction, and when consumers buy hot fuel, they are ‘‘equivalent standard’’ means any standard for defense activities of the Depart- paying the same amount even though that prohibits the retail sale of gasoline with ment of Energy, to prescribe military they are getting less energy. energy content per gallon that is different personnel strengths for such fiscal This problem can be easily solved by than the energy content of 1 gallon of gaso- year, and for other purposes. installing temperature compensating line stored at 60 degrees Fahrenheit. AMENDMENT NO. 1628 equipment that will regulate the dis- (3) RURAL AREA.—The term ‘‘rural area’’ means any area other than— At the request of Ms. COLLINS, her tribution of fuel based on its tempera- (A) a city, town, or unincorporated area name was added as a cosponsor of ture at the time of purchase. A similar that has a population of greater than 50,000 amendment No. 1628 proposed to S. policy was implemented in Canada 15 inhabitants; or 1390, an original bill to authorize ap- years ago because retailers were losing (B) the urbanized area that is contiguous propriations for fiscal year 2010 for money due to the cold temperature of and adjacent to such a city, town, or unin- military activities of the Department the fuel they were selling; and earlier corporated area. of Defense, for military construction, this year, the U.S. retailer Costco (4) SMALL-VOLUME STATION.—The term and for defense activities of the De- Warehouse, LLC agreed to install this ‘‘small-volume station’’ means any retail partment of Energy, to prescribe mili- fuel establishment that dispenses fewer than temperature compensating equipment 360,000 gallons of gasoline and diesel fuel per tary personnel strengths for such fiscal as a result of a legal settlement. year. year, and for other purposes. Today, I am introducing legislation SEC. 3. AUTOMATIC TEMPERATURE COMPENSA- At the request of Mr. BENNETT, his that would require all retailers of gaso- TION EQUIPMENT. name was added as a cosponsor of line to install temperature compen- (a) IN GENERAL.— amendment No. 1628 proposed to S. sating equipment on their retail fuel (1) NEW MOTOR FUEL DISPENSERS.—Begin- 1390, supra. pumps. The Future Accountability in ning 180 days after the issuance of final regulations under subsection (c), all motor fuel AMENDMENT NO. 1635 Retail Fuel Act of 2009, or the FAIR dispensers that are newly installed or up- At the request of Mr. SCHUMER, the Fuel Act, is not intended to be onerous. graded at any retail fuel establishment in names of the Senator from Virginia It would simply require that within 6 the United States shall be equipped with (Mr. WEBB), the Senator from Wyoming years after enactment of this legisla- automatic temperature compensation equip- (Mr. ENZI), the Senator from Oregon tion all retail gasoline pumps would in- ment to ensure that any volume of gasoline

VerDate Nov 24 2008 02:29 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.051 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7783 or diesel fuel measured by such dispenser for amount equal to the amount collected as sioner Andrew von Eschenbach testi- retail sale is equal to the volume that such fines under section 3(b)(4). fied about these fees before the House quantity of fuel would equal at the time of (3) INVESTMENT.—The Secretary of the Agriculture, Rural Development, and such sale if the temperature of the fuel was Treasury shall invest such portion of the FDA Appropriations Subcommittee in 60 degrees Fahrenheit. Trust Fund as is not required to meet cur- (2) EXISTING MOTOR FUEL DISPENSERS.— rent withdrawals. Such investments may be 2006. He believes, and I agree, that the (A) IN GENERAL.—Except as provided in made only in interest-bearing obligations of reinspection fee will motivate busi- subparagraph (B), not later than 5 years the United States. nesses to comply with long-established after the issuance of final regulations under (b) GRANTS AUTHORIZED.— health and safety standards. Businesses subsection (c), all motor fuel dispensers at (1) IN GENERAL.—The Secretary of Com- that do not meet Federal standards any retail fuel establishment in the United merce is authorized to use amounts in the should bear the burden of the reinspec- States shall be equipped with the automatic Trust Fund for grants to owners and operation, rather than getting a free pass at temperature compensation equipment de- tors of retail fuel establishments to offset scribed in paragraph (1). the costs associated with the installation of the taxpayer’s expense. (B) SMALL-VOLUME STATIONS.—Small-vol- automatic temperature compensation equip- One of the main reasons I first ran ume stations located in rural areas shall not ment on motor fuel dispensers. for the U.S. Senate was to restore fis- be subject to the requirement under subpara- (2) MAXIMUM AMOUNT.—The Secretary may cal responsibility to the Federal budg- graph (A). not award a grant under this subsection in et. I have worked throughout my Sen- (b) INSPECTIONS.— excess of— ate career to eliminate wasteful spend- (1) ANNUAL INSPECTION.—Beginning on the (A) $1,000 per motor fuel dispenser; or ing and to reduce the budget deficit. date described in subsection (a), State in- (B) $10,000 per grant recipient. Unless we return to fiscally responsible spectors conducting an initial or annual in- (3) ELIGIBLE RECIPIENTS.—An owner or op- spection of motor fuel dispensers are author- erator of not more than 5 retail fuel estab- budgeting, Congress will saddle our na- ized to determine if such dispensers are lishments is eligible to receive a grant under tion’s younger generations with an equipped with the automatic temperature this subsection. enormous financial burden for years to compensation equipment required under sub- (4) USE OF GRANT FUNDS.—Grant funds re- come. This bill is one small step in section (a). ceived under this subsection may be used to that direction. (2) NOTIFICATION.—If the State inspector offset the costs incurred by owners and oper- determines that a motor fuel dispenser does ators of retail establishments to acquire and By Mr. KOHL (for himself, Mr. not comply with the requirement under sub- install automatic temperature compensation FEINGOLD, Mr. KERRY, Mr. DUR- section (a), the State inspector is authorized equipment in accordance with the require- BIN, Mr. BEGICH, Mr. BINGAMAN, to notify the Federal Trade Commission, ment under section 3(a). through an electronic notification system and Mr. TESTER): (5) AUTHORIZATION OF APPROPRIATIONS.— S. 1480. A bill to amend the Child Nu- developed by the Commission, of such non- There are authorized to be appropriated such compliance. sums as may be necessary to carry out this trition Act of 1966 to establish a pro- (3) FOLLOW-UP INSPECTION.—Not earlier subsection. gram to improve the health and edu- than 180 days after a motor fuel dispenser is (c) REIMBURSEMENT OF STATE INSPECTION cation of children through grants to found to be out of compliance with the re- COSTS.—The Secretary of Commerce is au- expand school breakfast programs, and quirement under subsection (a), the Federal thorized to use amounts in the Trust Fund to for other purposes; to the Committee Trade Commission shall coordinate a follow- reimburse States for the costs incurred by up inspection of such motor fuel dispenser. on Agriculture, Nutrition, and For- the States to— estry. (4) FINE.— (1) inspect motor fuel dispensers for com- (A) IN GENERAL.—The owner or operator of pliance with the requirement under section Mr. FEINGOLD. Mr. President, today any retail fuel establishment with a motor 3(a); and I join with Senator KOHL to introduce fuel dispenser subject to the requirement (2) notify the Secretary of Commerce of the Student Breakfast and Education under subsection (a) that is determined to be any noncompliance with such requirement. Improvement Act as part of my contin- out of compliance with such requirement SEC. 5. SAVINGS PROVISION. ued efforts to improve student achieve- shall be subject to a fine equal to $5,000 for Nothing in this Act may be construed to each noncompliant motor fuel dispenser. ment in our Nation’s schools. One part preempt a State from enacting a law that of student performance that is often (B) ADDITIONAL FINE.—If a motor fuel dis- imposes an equivalent standard or a more penser is determined to be out of compliance overlooked is nutrition, which can stringent standard concerning the retail sale have a significant impact on student during a follow-up inspection, the owner or of gasoline at certain temperatures. operator of the retail fuel establishment at achievement. I know many of my col- which such motor fuel dispenser is located By Mr. FEINGOLD: leagues share my support for school shall be subject to an additional fine equal to S. 1477. A bill to establish a user fee programs that help alleviate hunger for $5,000. for follow-up reinspections under the the most in-need students, such as the (5) USE OF FINES.—Any amounts collected under paragraph (4) shall be deposited into Federal Food, Drug, and Cosmetic Act; Free and Reduced Price Lunch Pro- the trust fund established under section 4. to the Committee on Health, Edu- gram, as well as those programs that (c) RULEMAKING.— cation, Labor, and Pensions. provide more nutritious food, such as (1) COMMENCEMENT.—Not later than 90 days Mr. FEINGOLD. Mr. President, today the Fresh Fruit and Vegetable Snack after the date of the enactment of this Act, I am introducing a bill that would program. the Federal Trade Commission, in consulta- charge a reinspection fee for goods that I am sure that I am not the only tion with the National Institute of Stand- fail FDA inspection for good manufac- member of this body who grew up hear- ards and Technology, shall commence a rule- turing practices. Currently, businesses ing that breakfast is the most impor- making procedure to implement the requirement under subsection (a). do not have to pay for the second in- tant meal of the day. I was lucky never (2) FINAL REGULATIONS.—Not later than 1 spection if they fail. Essentially, then, to have to worry about going hungry, year after the date of the enactment of this the FDA is absorbing this extra cost. and my parents did not have to choose Act, the Federal Trade Commission shall This Nation faces difficult enough between giving their children lunch or issue final regulations to implement the re- choices without subsidizing private breakfast. The fact is, that is a choice quirement under subsection (a), including companies that fail basic inspections. I many parents do have to make today, specifying which volume correction factor am pleased to credit the Bush adminis- even if they get the help of reduced tables shall be used for the range of gasoline tration for originally proposing this price meals. The current economic dif- and diesel fuel products that are sold to retail customers in the United States. fee, which is again proposed in Presi- ficulties and rising unemployment SEC. 4. AUTOMATIC TEMPERATURE COMPENSA- dent Obama’s fiscal year 2010 budget. have only increased the burdens facing TION EQUIPMENT GRANT PROGRAM. This fee carries proposed savings of an low income families in Wisconsin and (a) ESTABLISHMENT OF TRUST FUND.— estimated $24 million per year, and around the country as they struggle to (1) IN GENERAL.—There is established in the could save as much as $115 million over provide nutritious meals for their chil- Treasury of the United States a trust fund to 5 years. dren. be known as the ‘‘Automatic Temperature We must ensure that U.S. taxpayer The Student Breakfast and Edu- Compensation Equipment Trust Fund’’ (re- money is being used efficiently and ef- cation Improvement Act would provide ferred to in this section as the ‘‘Trust Fund’’). fectively, and this measure would help grants for schools wishing to begin or (2) TRANSFERS.—The Secretary of the in our ongoing efforts to streamline expand universal school breakfast pro- Treasury shall transfer to the Trust Fund government programs and reduce the grams. Studies show that kids who eat out of the general fund of the Treasury an Federal budget deficit. FDA Commis- breakfast perform better in school and

VerDate Nov 24 2008 02:29 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.053 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7784 CONGRESSIONAL RECORD — SENATE July 21, 2009 on tests, and they tend to be less dis- As we look forward to reauthorizing Savings Accounts Act of 2009, S. 1484, ruptive to the class. I have heard many the Child Nutrition Act, it is vital that and the National Hurricane Research stories from teachers, school nurses, we take stock of the successes and lim- Initiative Act of 2009, 1485. These bills and other school officials over the itations of existing programs. School take a pro-active approach in address- years to confirm this. In fact, in my breakfast faces a number of hurdles ing these natural catastrophe concerns. home State of Wisconsin, the Mil- that, quite simply, other school feeding The National Hurricane Research Ini- waukee Public Schools have been programs do not. Chief of those is time. tiative Act of 2009 will expand the working with the Hunger Task Force For some students, getting to school scope of fundamental research on hur- for the past few years to implement early is impossible; for some, the lure ricanes. The bill is aimed at improving universal school breakfast programs, of breakfast is not a strong enough hurricane forecasting and tracking and which they have in place now in more draw to get up earlier. These are prob- helping us find better ways to mitigate than 80 schools. This program, which lems that schools across the country their impact. The Act will establish a has expanded in its second year, has are facing and solving with creativity National Science Foundation (NSF) proven popular with students, teachers, and dedication. This legislation will grant program for hurricane and trop- and parents. help support the innovative work going ical cyclone research and bring to- This bill would target the most in- on in some of our nation’s schools and gether a task force, jointly chaired by need schools—those with 65 percent or will help to scale up successful nutri- the National Oceanic and Atmospheric more of students eligible for the free tion programs in other schools so that Administration, NOAA, the National and reduced price lunch program—with hopefully one day, none of America’s Institute of Standards and Technology, the funds necessary to implement a students will start the school day hun- NIST, and NSF. universal free breakfast program. The gry. The second bill, the Commission on grants, which could be used in a num- Catastrophic Disaster Risk and Insur- ber of ways, aim to help schools over- By Mr. NELSON, of Florida (for ance Act of 2009, establishes the bipar- come the numerous barriers faced in himself and Mr. MARTINEZ): tisan Commission on Catastrophic Dis- trying to create a school breakfast pro- S. 1484. A bill to amend the Internal aster Risk and Insurance. This com- gram. Revenue Code of 1986 to create Catas- mission will assess the condition of the Our Nation faces a series of pressing trophe Savings Accounts; to the Com- property and casualty insurance and education challenges in its schools, in- mittee on Finance. reinsurance markets in the aftermath cluding most significantly a large Mr. NELSON of Florida. Mr. Presi- of Hurricanes Katrina, Rita, and Wilma achievement gap and graduation rate dent, last year we were all transfixed in 2005, as well as the four major hurri- gap among minority and low income by the non-stop news coverage of Hur- canes that struck the U.S. in 2004. It students. After decades of civil rights ricanes Gustav and Ike as they grew will also evaluate the country’s ongo- struggles, public education should pro- into monster storms, crossing the Car- ing exposure to earthquakes, volcanic vide all our students with access to ibbean and Gulf of Mexico and leaving eruptions, tsunamis, and floods. Fi- equal opportunities, but the quality of a trail of misery in their wake. Ike, the nally, the commission will recommend public education provided to students third most destructive storm in the and report legislative and regulatory of color and low-income students in history of the U.S., made landfall in changes that will improve the domestic urban and rural Wisconsin and around Galveston, Texas, and then tracked and international financial health and the country still does not come close to through Arkansas, Illinois, Indiana, competitiveness of property and cas- affording many of these students an Missouri, Ohio, and Pennsylvania, kill- ualty insurance markets, assuring the equal chance for success. Too often ing 112 people and causing more than availability of adequate insurance these students learn in crumbling and $24 billion in damage. when an insured event occurs, as well outdated buildings, they do not have Since 2003, hurricanes and other trop- as the best possible range of insurance the same access to high quality tech- ical cyclones have caused more than products at competitive prices. nology in their classrooms, they are 2,000 deaths in the U.S. Forty percent The Policyholder Disaster Protection taught by the least experienced teach- of all hurricanes that make landfall in Act of 2009 amends the Internal Rev- ers, and they often do not have ade- the U.S. hit Florida. enue Code to allow property and cas- quate access to important resources Insured losses from hurricanes aver- ualty insurance companies to create like school counselors and nurses. age more than $5.2 billion per year. A tax-exempt disaster protection funds These and a number of other factors recent study of hurricane-related dam- and to make tax deductible contribu- contribute to the achievement gap in ages over the last century suggests tions to those funds for the payment of our Nation’s schools and the Federal that economic losses will double every policyholders’ claims arising from cer- Government can help to address this 10 years. With more than 50 percent of tain catastrophic events, such as wind- gap by promoting smarter and more the U.S. population living within 50 storms, earthquakes, fires, and floods. flexible accountability structures and miles of the coast, and with 180 million Finally, the Catastrophe Savings Ac- increased supports for schools during people visiting the coast annually, the counts Act of 2009 amends the Internal the upcoming reauthorization of the risks to life and property are growing. Revenue Code to create tax-exempt ca- Elementary and Secondary Education Hurricanes, however, do not just im- tastrophe savings accounts. Individuals Act. Congress should also help to ad- pact the coasts. These extreme events could take tax-free distributions from dress some of the many other issues also have national consequences, such these accounts to pay expenses result- facing our nation’s students living in as increased fuel prices, displaced pop- ing from a presidentially declared poverty issues that may not seem di- ulations, and severe inland flooding. major disaster. The bill limits catas- rectly related to education, but impact The American public is increasingly trophe savings account balances to the academic growth of students in- aware of the potential for high recov- $2,000 for individuals with homeowner cluding hunger, affordable housing, and ery costs and financing of natural dis- insurance deductibles of not more than crime. This bill takes an important aster losses. I cannot overstate the im- $1,000, and the lesser of $15,000 or twice step to address hunger and also seeks portance of prior preparation and in- the homeowner’s insurance deductible to improve nutrition education by pro- surance coverage for large catastrophic for individuals with deductibles of viding funds to expand school breakfast risks—including natural disasters such more than $1,000. programs, boost collaboration between as hurricanes and earthquakes—as well As I mentioned at the beginning of local farmers and schools, expand serv- as efforts to promote a stable, afford- my remarks, the entire country experi- ice-learning opportunities in our class- able catastrophic insurance market. ences financial losses when hurricanes rooms, and improve nutrition edu- This is why today Senator MARTINEZ hit. It is time for us to take the bull by cation programming for students. and I are introducing four bills: the the horns and pass legislation that In this economy, more and more par- Commission on Catastrophic Disaster plans in advance for these and other ents are forced to make these kinds of Risk and Insurance Act of 2009, S. 1487, natural disasters. decisions, and the school meal pro- the Policyholder Disaster Protection As we are in the hurricane season, it grams can provide a tremendous relief. Act of 2009, S. 1486, the Catastrophe will become painfully apparent just

VerDate Nov 24 2008 04:00 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G21JY6.021 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7785 how precarious a lot of the construc- ‘‘(c) ACCOUNT BALANCE LIMIT.—The aggre- lating to tax on excess contributions to cer- tion is, how precarious building codes gate account balance for all Catastrophe tain tax-favored accounts and annuities) is are not being fairly and judiciously ad- Savings Accounts maintained for the benefit amended by striking ‘‘or’’ at the end of para- of an individual (including qualified rollover ministered, and it will become evident graph (4), by inserting ‘‘or’’ at the end of contributions) shall not exceed— paragraph (5), and by inserting after para- what an economic disaster even a mild ‘‘(1) in the case of an individual whose graph (5) the following new paragraph: hurricane can cause when it hits the qualified deductible is not more than $1,000, ‘‘(6) a Catastrophe Savings Account (as de- coast. And Lord knows, if the big one $2,000, and fined in section 530A),’’. hits an urbanized part of the coast— ‘‘(2) in the case of an individual whose (2) EXCESS CONTRIBUTION.—Section 4973 of and the big one is a category 4 or a cat- qualified deductible is more than $1,000, the such Code is amended by adding at the end egory 5 hurricane—it is going to create amount equal to the lesser of— the following new subsection: ‘‘(A) $15,000, or ‘‘(h) EXCESS CONTRIBUTIONS TO CATAS- economic chaos. It is going to cause ‘‘(B) twice the amount of the individual’s the insurance industry to be on the TROPHE SAVINGS ACCOUNTS.—For purposes of qualified deductible. this section, in the case of Catastrophe Sav- brink of total collapse. And it will ulti- ‘‘(d) DEFINITIONS.—For purposes of this sec- ings Accounts (within the meaning of section mately, just like Katrina, end up hav- tion— 530A), the term ‘excess contributions’ means ing the U.S. Government pay a major ‘‘(1) QUALIFIED CATASTROPHE EXPENSES.— the amount by which the aggregate account part of the economic bailout con- The term ‘qualified catastrophe expenses’ balance for all Catastrophe Savings Ac- sequences of a natural disaster, such as means expenses paid or incurred by reason of counts maintained for the benefit of an indi- a major disaster that has been declared by vidual exceeds the account balance limit de- a hurricane or an earthquake hitting the President under section 401 of the Robert the United States. We ought to get fined in section 530A(c)(1).’’. T. Stafford Disaster Relief and Emergency (c) CONFORMING AMENDMENT.—The table of ahead of it and we ought to plan for it, Assistance Act. parts for subchapter F of chapter 1 of the In- and that is what this package of four ‘‘(2) QUALIFIED DEDUCTIBLE.—With respect ternal Revenue Code of 1986 is amended by bills Senator MARTINEZ and I are offer- to an individual, the term ‘qualified deduct- adding at the end the following new item: ible’ means the annual deductible for the in- ing will do. ‘‘PART IX. CATASTROPHE SAVINGS dividual’s homeowners’ insurance policy. Mr. President, I ask unanimous con- ACCOUNTS.’’. sent that the text of the bills be print- ‘‘(3) QUALIFIED ROLLOVER CONTRIBUTION.— The term ‘qualified rollover contribution’ (d) EFFECTIVE DATE.—The amendments ed in the RECORD. means a contribution to a Catastrophe Sav- made by this section shall apply to taxable There being no objection, the text of ings Account— years beginning after December 31, 2008. the bills was ordered to be printed in ‘‘(A) from another such account of the S. 1485 the RECORD, as follows: same beneficiary, but only if such amount is Be it enacted by the Senate and House of Rep- S. 1484 contributed not later than the 60th day after resentatives of the United States of America in the distribution from such other account, Be it enacted by the Senate and House of Rep- Congress assembled, and resentatives of the United States of America in ‘‘(B) from a Catastrophe Savings Account SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Congress assembled, of a spouse of the beneficiary of the account (a) SHORT TITLE.—This Act may be cited as SECTION 1. SHORT TITLE. to which the contribution is made, but only the ‘‘National Hurricane Research Initiative This Act may be cited as the ‘‘Catastrophe if such amount is contributed not later than Act of 2009’’. (b) TABLE OF CONTENTS.—The table of con- Savings Accounts Act of 2009’’. the 60th day after the distribution from such tents for this Act is as follows: SEC. 2. CATASTROPHE SAVINGS ACCOUNTS. other account. (a) IN GENERAL.—Subchapter F of Chapter ‘‘(e) TAX TREATMENT OF DISTRIBUTIONS.— Sec. 1. Short title; table of contents. 1 of the Internal Revenue Code of 1986 (relat- ‘‘(1) IN GENERAL.—Any distribution from a Sec. 2. Findings. ing to exempt organizations) is amended by Catastrophe Savings Account shall be in- Sec. 3. Sense of Congress. adding at the end the following new part: cludible in the gross income of the dis- Sec. 4. Definitions. tributee in the manner as provided in section Sec. 5. National Hurricane Research Initia- ‘‘PART IX—CATASTROPHE SAVINGS tive. ACCOUNTS 72. ‘‘(2) DISTRIBUTIONS FOR QUALIFIED CATAS- Sec. 6. National Hurricane Research Task ‘‘SEC. 530A. CATASTROPHE SAVINGS ACCOUNTS. TROPHE EXPENSES.— Force. Sec. 7. National Hurricane Research. ‘‘(a) GENERAL RULE.—A Catastrophe Sav- ‘‘(A) IN GENERAL.—No amount shall be in- ings Account shall be exempt from taxation cludible in gross income under paragraph (1) Sec. 8. Authorization of appropriations. Sec. 9. Independent review. under this subtitle. Notwithstanding the pre- if the qualified catastrophe expenses of the ceding sentence, such account shall be sub- distributee during the taxable year are not SEC. 2. FINDINGS. ject to the taxes imposed by section 511 (re- less than the aggregate distributions during Congress makes the following findings: lating to imposition of tax on unrelated busi- the taxable year. (1) Hurricanes and other tropical cyclones ness income of charitable organizations). ‘‘(B) DISTRIBUTIONS IN EXCESS OF EX- have directly caused more than 2,000 deaths ‘‘(b) CATASTROPHE SAVINGS ACCOUNT.—For PENSES.—If such aggregate distributions ex- in the United States since 2003 and account purposes of this section, the term ‘Catas- ceed such expenses during the taxable year, for approximately 66 percent of insured trophe Savings Account’ means a trust cre- the amount otherwise includible in gross in- losses due to natural hazards. ated or organized in the United States for come under paragraph (1) shall be reduced by (2) While the ability to understand and pre- the exclusive benefit of an individual or his the amount which bears the same ratio to dict hurricanes and other tropical cyclones beneficiaries and which is designated (in the amount which would be includible in has improved since 1999, particularly with re- such manner as the Secretary shall pre- gross income under paragraph (1) (without spect to storm tracking, much remains un- scribe) at the time of the establishment of regard to this subparagraph) as the qualified known concerning— the trust as a Catastrophe Savings Account, catastrophe expenses bear to such aggregate (A) storm dynamics, rapid intensity but only if the written governing instrument distributions. change, and impact on extratropical cy- creating the trust meets the following re- ‘‘(3) ADDITIONAL TAX FOR DISTRIBUTIONS NOT clones; quirements: USED FOR QUALIFIED CATASTROPHE EX- (B) the interactions of storms with natural ‘‘(1) Except in the case of a qualified roll- PENSES.—The tax imposed by this chapter for and built environments; and over contribution— any taxable year on any taxpayer who re- (C) the impacts to and response of society ‘‘(A) no contribution will be accepted un- ceives a payment or distribution from a Ca- to destructive storms. less it is in cash, and tastrophe Savings Account which is includ- (3) Several expert assessments of the state ‘‘(B) contributions will not be accepted in ible in gross income shall be increased by 10 of hurricane science and research needs have excess of the account balance limit specified percent of the amount which is so includible. been published, including— in subsection (c). ‘‘(4) RETIREMENT DISTRIBUTIONS.—No (A) the January 2007 report by the National ‘‘(2) The trustee is a bank (as defined in amount shall be includible in gross income Science Board titled, ‘‘Hurricane Warning: section 408(n)) or another person who dem- under paragraph (1) (or subject to an addi- The Critical Need for a National Hurricane onstrates to the satisfaction of the Secretary tional tax under paragraph (3)) if the pay- Initiative’’; that the manner in which that person will ment or distribution is made on or after the (B) the February 2007 report by the Office administer the trust will be consistent with date on which the distributee attains age 62. of the Federal Coordinator for Meteorolog- the requirements of this section. ‘‘(f) TAX TREATMENT OF ACCOUNTS.—Rules ical Services and Supporting Research enti- ‘‘(3) The interest of an individual in the similar to the rules of paragraphs (2) and (4) tled, ‘‘Interagency Strategic Research Plan balance of his account is nonforfeitable. of section 408(e) shall apply to any Catas- for Tropical Cyclones: The Way Ahead’’; and ‘‘(4) The assets of the trust shall not be trophe Savings Account.’’. (C) reports from the Hurricane Intensity commingled with other property except in a (b) TAX ON EXCESS CONTRIBUTIONS.— Working Group of the National Science Advi- common trust fund or common investment (1) IN GENERAL.—Subsection (a) of section sory Board of the National Oceanic and At- fund. 4973 of the Internal Revenue Code of 1986 (re- mospheric Administration.

VerDate Nov 24 2008 02:29 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.063 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7786 CONGRESSIONAL RECORD — SENATE July 21, 2009 (4) In the June 2005 publication, ‘‘Grand (ii) forecasting of storm formation, inten- (E) the Commander of the Naval Challenges for Disaster Reduction’’, and in sity, and wind and rain patterns, both within Meterorology and Oceanography Command; related 2008 implementation plans for hurri- the tropics and as the storms move poleward; (F) the Associate Administrator for cane and coastal inundation hazards the (iii) storm surge modeling, inland flood Science Mission Directorate of the National Subcommittee on Disaster Reduction of the modeling, and coastal erosion; Aeronautics and Space Administration; and Committee on Environment and Natural Re- (iv) the interaction with and impacts of (G) the Director of the U.S. Geological Sur- sources of the National Science and Tech- storms with the natural and built environ- vey. nology Council prioritized Federal science ment; and (3) REVISIONS.—The Under Secretary shall and technology investments needed to re- (v) the impacts to and response of society revise the implementation plan required by duce future loss of life and property caused, to destructive storms, including the socio- paragraph (1) not less frequently than once both directly and indirectly, by hurricanes economic impacts requiring emergency man- every 5 years to address and respond to the and other coastal storms. agement, response, and recovery. findings and recommendations of the Task (5) A National Hurricane Research Initia- (B) To develop infrastructure that is resil- Force. tive complements the objectives of the Na- ient to the forces associated with hurricanes (c) RESEARCH.— tional Windstorm Impact Reduction Pro- and other tropical storms. (1) ESTABLISHMENT OF RESEARCH OBJEC- gram. (C) To mitigate the impacts of hurricanes TIVES.—The Under Secretary shall, in con- SEC. 3. SENSE OF CONGRESS. on coastal populations, the coastal built en- sultation with the Director fo the National It is the sense of Congress that, consistent vironment, and natural resources, includ- Science Foundation, establish objectives for with the findings of the expert assessments ing— research carried out pursuant to section 7 and strategies described in paragraphs (3) (i) coral reefs; that are based on the findings of the expert and (4) of section 2, a National Hurricane Re- (ii) mangroves; assessments and strategies described in para- search Initiative should be established to ad- (iii) wetlands; and graphs (3) and (4) of section 2. dress the urgent and compelling need to un- (iv) other natural systems that can reduce (2) COORDINATION.—In carrying out the pro- dertake long-term, coordinated, multi-entity hurricane wind and flood forces. visions of this subsection, the Under Sec- hurricane research focused on— (D) To provide training for the next gen- retary shall coordinate with the Task Force (1) conducting high priority scientific, en- eration of hurricane researchers and fore- to the extent practicable. casters. (d) NATIONAL WORKSHOPS AND CON- gineering, and related social and behavioral (b) IMPLEMENTATION PLAN.— FERENCES.—The Under Secretary, in coordi- studies; and (1) IN GENERAL.—Not later than 18 months nation with the Director of the National (2) effectively applying the research results after the date of the enactment of this Act, Science Foundation and the Task Force, of such studies to mitigate the impacts of the Under Secretary shall develop a detailed, shall carry out a series of national work- hurricanes on society. 5-year implementation plan for the Initia- shops and conferences that assemble a broad SEC. 4. DEFINITIONS. tive that— collection of scientific disciplines— In this Act: (A) incorporates the priorities for Federal (1) to address hurricane-related research (1) TASK FORCE.—The term ‘‘Task Force’’ science and technology investments set forth questions; and means the National Hurricane Research in the June 2005 publication, ‘‘Grand Chal- (2) to encourage researchers to work col- Task Force established under section 6(a). lenges for Disaster Reduction’’, and in re- laboratively to carry out the purposes de- (2) ELIGIBLE ENTITIES.—The term ‘‘eligible lated 2008 implementation plans for hurri- scribed in subsection (a)(2). entities’’ means State, regional, and local cane and coastal inundation hazards of the (e) PUBLIC INTERNET WEBSITE.—The Under government agencies and departments, trib- Subcommittee on Disaster Reduction of the Secretary, in coordination with the Task al governments, universities, research insti- Committee on Environment and Natural Re- Force, shall facilitate the establishment of a tutes, and nongovernmental organizations. sources of the National Science and Tech- public Internet website for the Initiative— (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ nology Council; (1) to foster collaboration and interactive has the meaning given the term in section (B) to the extent practicable and as appro- dialogues among the Under Secretary, the 102 of the Federally Recognized Indian Tribe priate, establishes benchmarks, milestones, Director of the National Science Foundation, List Act of 1994 (25 U.S.C. 479a). goals, and performance measures to track the Task Force, and the public; and (4) INITIATIVE.—The term ‘‘Initiative’’ progress of the research carried out under (2) to enhance public access to Initiative means the National Hurricane Research Ini- the Initiative and the application of research documents and products, including— tiative established under section 5(a)(1). results for reducing hurricane losses and re- (A) information about the members of the (5) NATIONAL WINDSTORM IMPACT REDUCTION lated public benefits, as recommended by the Task Force, including their affiliation and PROGRAM.—The term ‘‘National Windstorm Task Force under section 6(f)(2); and contact information; Impact Reduction Program’’ means the pro- (C) identifies opportunities to leverage the (B) meeting agenda and minutes of the gram established by section 204 of the Na- results of the research carried out under sec- Task Force; tional Windstorm Impact Reduction Act of tion 7 with other Federal and non-Federal (C) reports and publications of the Initia- 2004 (42 U.S.C. 15703). hurricane research, coordination, and loss- tive; (6) STATE.—The term ‘‘State’’ means any reduction initiatives, such as— (D) the most recent 5-year implementation State of the United States, the District of (i) the National Windstorm Impact Reduc- plan developed under subsection (b); and Columbia, American Samoa, Guam, the tion Program established by section 204(a) of (E) the most recent annual report sub- Commonwealth of the Northern Mariana Is- the National Windstorm Impact Reduction mitted to Congress under subsection (f). lands, Puerto Rico, and the Virgin Islands. Act of 2004 (15 U.S.C. 15703); (f) ANNUAL REPORT.— (7) TRIBAL GOVERNMENT.—The term ‘‘tribal (ii) the National Flood Insurance Program (1) REQUIREMENT FOR ANNUAL CROSSCUT government’’ means the governing body of established under chapter 1 of the National BUDGET AND REPORT.—The Under Secretary, an Indian tribe. Flood Insurance Act of 1968 (42 U.S.C. 4011 et in conjunction with members of the Task (8) UNDER SECRETARY.—The term ‘‘Under seq.); Force who represent Federal agencies, the Secretary’’ means the Under Secretary for (iii) the initiatives of the Robert T. Staf- Office of Science and Technology Policy, and Oceans and Atmosphere. ford Disaster Relief and Emergency Assist- the Office of Management and Budget, shall SEC. 5. NATIONAL HURRICANE RESEARCH INITIA- ance Act (42 U.S.C. 5121 et seq.); submit to Congress each year, together with TIVE. (iv) wind hazard mitigation initiatives car- documents submitted to Congress in support (a) ESTABLISHMENT.— ried out by a State; of the budget of the President for the fiscal (1) IN GENERAL.—The Under Secretary, in (v) the Hurricane Forecast Improvement year beginning in such year (as submitted collaboration with the Director of the Na- Project fo the National Oceanic and Atmos- pursuant to section 1105 of title 31, United tional Science Foundation, shall establish an pheric Administration; and States Code), a coordinated annual report for initiative to be known as the ‘‘National Hur- (vi) the Working Group for Tropical Cy- the Initiative for the fiscal year in which the ricane Research Initiative’’ for the purposes clone Research of the Office of the Federal report is submitted and the last fiscal year described in paragraph (2). The Initiative Coordinator for Meteorological Services and ending before such submittal. shall consist of— Supporting Research. (2) CONTENTS.—The report required by (A) the activities of the Under Secretary (2) REVIEW.—Not later than 18 months paragraph (1) shall— under this section; after the date of the enactment of this Act, (A) document the funds transferred by the (B) the activities of the Task Force under the Under Secretary shall ensure that the Under Secretary to the heads of other Fed- section 6; and implementation plan required by paragraph eral agencies under section 8(b); and (C) the research carried out under section (1) is reviewed by— (B) document the grants and contracts 7. (A) the Director of the National Science awarded to eligible entities under section 7; (2) PURPOSES.—The purposes described in Foundation; (C) for each agency that receives funds this paragraph are as follows: (B) the Secretary of Homeland Security; under section 8(b) and eligible entity that re- (A) To improve understanding and pre- (C) the Director of the National Institute ceives a grant or contract under section 7, diction of hurricanes and other tropical for Standards and Technology; identify what major activities were under- storms, including— (D) the Commanding General of the U.S. taken with such funds, grants, and contracts; (i) storm tracking and prediction; Army Corps of Engineers; and

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(D) for each research activity or group of (d) INITIAL MEETING.—Not later than 120 the Task Force in its duties under subsection activities described in section 7(c), as appro- days after the date of the enactment of this (f). priate, identify any accomplishments, which Act, the Task Force shall hold its first meet- (2) CRITERIA.—An advisory body estab- may include full or partial achievement of ing. lished under paragraph (1) shall represent a benchmarks, milestones, goals, performance (e) MEETINGS.—The Task Force shall meet broad variety of private and public interests. measure targets established for the imple- at the call of the chairpersons of the Task (h) ADVISORS TO THE TASK FORCE.—The mentation plan under subsection (b)(1)(B). Force, but not less frequently than twice Task Force may seek advice and input from SEC. 6. NATIONAL HURRICANE RESEARCH TASK each year. any interested, knowledgeable, or affected FORCE. (f) DUTIES.—The duties of the Task Force party as the Task Force considers necessary (a) ESTABLISHMENT.—Not later than 90 days are as follows: to carry out the duties under subsection (f). after the date of the enactment of this Act, (1) To provide assistance to the Under Sec- (i) COMPENSATION.— the Under Secretary shall establish a task retary with the development of the 5-year (1) IN GENERAL.—All members of the Task force to be known as the ‘‘National Hurri- implementation plan required by section Force who are officers or employees of the cane Research Task Force’’ to facilitate and 5(b). United States shall serve without compensa- coordinate the efforts of Federal agencies (2) Not later than 270 days after the date of tion in addition to that received for their and eligible entities in support of the Initia- the enactment of this Act and in consider- services as officers or employees of the tive. ation of the expert findings referred to in United States. (b) MEMBERSHIP.—The Task Force shall be section 2(3)— (2) TRAVEL EXPENSES.—The members of the composed of the following: (A) to develop and furnish to the Under Task Force shall be allowed travel expenses, (1) The Under Secretary, or the Under Sec- Secretary findings and recommendations, as including per diem in lieu of subsistence, at retary’s designee. appropriate, for monitoring research rates authorized for employees of agencies (2) The Director of the National Science progress and for a set of benchmarks, mile- under subchapter I of chapter 57 of title 5, Foundation, or the Director’s designee. stones, goals, and performance measures to United States Code, while away from their (3) The Director of the National Institute track the transition and application of re- homes or regular places of business in the of Standards and Technology, or the Direc- search results for reducing hurricane losses performance of services for the Task Force. tor’s designee. and related public benefits under the Initia- (j) PROCUREMENT OF TEMPORARY AND INTER- (4) The Secretary of Homeland Security, or tive; MITTENT SERVICES.—The Chairpersons may the Secretary’s designee. (B) to identify interim and long-term goals procure temporary and intermittent services (5) The Commanding General of the U.S. of the research program under section 7; and under section 3109(b) of title 5, United States Army Corps of Engineers, or the Com- (C) to prioritize the activities of the Initia- Code, at rates for individuals which do not manding General’s designee. tive over a 10-year period. exceed the daily equivalent of the annual (6) The Director of the United States Geo- (3) To improve communication and coordi- rate of basic pay prescribed for level V of the logical Survey, or the Director’s designee. nation among Federal agencies with respect Executive Schedule under section 5316 of (7) The Administrator of the National Aer- to hurricane-related research, developments such title. onautics and Space Administration, or the in hurricane forecasting and operations, and (k) VOLUNTEER SERVICES.—Notwith- Administrator’s designee. best practices for applying results of Initia- standing section 1342 of title 31, United (8) One member shall be appointed by the tive research to reduce loss of life and prop- States Code, the Commission may accept and Secretary of Defense, who shall be a rep- erty damage resulting from hurricanes. use voluntary and uncompensated services as resentative of the Office of Naval Research (4) To identify opportunities to leverage the Commission determines necessary. or the Chief of Naval Operations. the activities and products of the Initiative (l) EXEMPTION FROM FACA NOTICE RE- (9) The Federal Coordinator for Meteoro- with the National Windstorm Impact Reduc- QUIREMENT FOR TASK FORCE ADVISORY BOD- logical Services and Supporting Research. tion Program and other Federal and non- IES.—An advisory body established by the (10) The Director of the Office of Science Federal hurricane research, coordination, Task Force under subsection (g) shall not be and Technology Policy, or the Director’s des- and loss reduction programs. subject to section 10(a)(2) of the Federal Ad- ignee. (5) To recommend a model described in sec- visory Committee Act (5 U.S.C. App. (11) The Director of the Office of Manage- tion 7(c)(1)(A) and monitor progress on devel- 10(a)(2)). ment and Budget, or the Director’s designee. opment of such model. (m) TERMINATION OF TASK FORCE.—The (12) The Chair of the Executive Committee (6) To make recommendations to the Under Task Force shall terminate on September 30, of the Federal Geographic Data Committee, Secretary and the Director of the National 2018. or the Chair’s designee. Science Foundation on research priorities SEC. 7. NATIONAL HURRICANE RESEARCH. (13) Such other members from Federal and content and structure of the program es- (a) NATIONAL SCIENCE FOUNDATION COM- agencies as the chairpersons of the Task tablished under section 7(a)(1). PETITIVE GRANT RESEARCH PROGRAM.— Force jointly consider appropriate. (7) To make recommendations on national (1) IN GENERAL.—The Director of the Na- (14) Members who are not employees of the hurricane research observation and data re- tional Science Foundation, in coordination Federal Government, selected jointly by the quirements. with the Under Secretary, shall establish a chairpersons of the Task Force in consulta- (8) To assess opportunities to leverage the program to award grants to eligible entities tion with the National Academy of Sciences capabilities of the following stakeholders: to carry out— and the National Academy of Engineering, as (A) Federal, State, and local governments. (A) research described in subsection (c); or follows: (B) Tribal governments. (B) other research that is consistent with (A) At least 3 members who are prominent (C) Academic and research institutions. the research objectives established under in the fields of hurricane science, engineer- (D) Entities from the private sector. section 5(c)(1). ing, social science, or related fields. (E) Nongovernmental organizations. (2) SELECTION.—The National Science (B) At least 1 member who represents a (9) To evaluate the extent to which the Foundation shall select grant recipients State government agency responsible for stakeholders described in paragraph (8) have under this section through its merit review emergency management and response. been engaged as partners and collaborators process. (C) At least 3 members who represent the in the Initiative. (b) NATIONAL OCEANIC AND ATMOSPHERIC views of local governments, tribal govern- (10) To assist the Under Secretary in facili- ADMINISTRATION RESEARCH PROGRAM.— ments, and nongovernmental organizations. tating the development of the annual report (1) IN GENERAL.—The Under Secretary shall (D) At least 2 members who represent pri- required by section 5(f). carry out a program of research described in vate sector interests engaged in hurricane (11) To review such report and provide subsection (c) or other research that is con- research, preparedness, response, or recov- comments to the Under Secretary. sistent with the research objectives estab- ery. (12) To submit to the National Science and lished under section 5(c)(1). (E) At least 1 member who represents a Technology Council and to Congress, to- (2) RESEARCH ACTIVITIES.—Research carried State floodplain or coastal zone manager. gether with documents submitted to Con- out under paragraph (1) may be carried out (F) Such other members as may be appro- gress in support of the budget of the Presi- through— priate. dent for the 2012 fiscal year (as submitted (A) intramural research; (c) CHAIRPERSONS.—The concurrent chair- pursuant to section 1105 of title 31, United (B) awarding grants to eligible entities to persons of the Task Force shall be the fol- States Code), a report containing a com- carry out research; lowing: prehensive review of the progress of the Ini- (C) contracting with eligible entities to (1) The Under Secretary, or the Under Sec- tiative in meeting the needs of the United carry out research; or retary’s designee under subsection (b)(1). States to understand hurricanes, their im- (D) entering into cooperative agreements (2) The Director of the National Science pacts on natural and built environment, and to carry out research. Foundation, or the Director’s designee under methods to mitigate such impacts. (c) RESEARCH.—The research described in subsection (b)(2). (g) ADVISORY BODIES.— this subsection is research that is consistent (3) The Director of the National Institute (1) AUTHORITY TO ESTABLISH.—The Task with the purposes described in section 5(a)(2) of Standards and Technology, or the Direc- Force may establish such advisory bodies as and is described by one or more of the fol- tor’s designee under subsection (b)(3). the Task Force considers necessary to assist lowing:

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(1) FUNDAMENTAL HURRICANE RESEARCH.— (iv) satellite-based sensors; and other impacted populations before, dur- Fundamental hurricane research, which may (v) ground-based and aerial wireless sen- ing, and in the aftermath of hurricanes; consist of the following: sors; and (ii) improve the translation of natural (A) COMMUNITY RESEARCH MODELS.—Re- (vi) other geospatial technologies and science and engineering research carried out search to support continued development geospatial data, including bathymetry and under the Initiative into informed decision and maintenance of community weather re- elevation. making that enables communities, econo- search and forecast models recommended by (B) COMPUTATIONAL CAPABILITY.—Research mies, and the man-made and natural envi- the Task Force under section 6(f)(5), includ- and development of robust computational ronments to become resilient to hurricane ing advanced methods of observing storm capabilities and facilities required to con- impacts, including development of effective structure and assimilating observations into duct numerical and other types of modeling risk and vulnerability assessment and risk the models, in which the agency or institu- that support the scientific studies and re- communication tools; and tion hosting the models ensures broad access search carried out under the Initiative as (iii) develop methods of assessing disaster and use of the model by members of the Task well as data acquisition and modeling during recovery costs, both government and non- Force and the civilian research community. hurricane events, including research to im- government, and of comparing the relative (B) PREDICTING HURRICANE INTENSITY AND prove understanding of the efficient utility benefits of disaster mitigation methods with STRUCTURE.—Research to improve under- of multiple models that— disaster recovery costs. standing and prediction of— (i) require sharing and interoperability of SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (i) storm formation and tracking with ex- databases, computing environments, net- (a) IN GENERAL.—There are authorized to tended time scale to weeks in advance; works, visualization tools, and analytic sys- be appropriated for fiscal years 2010 through (ii) rapid changes in storm size, motion, tems that improve on such technologies that 2015 amounts as follows: structure, and intensity; are available on the date of the enactment of (1) To the Under Secretary, $18,750,000 to (iii) the internal dynamics of storms; this Act; and carry out sections 5, 6, and 7(b), of which not (iv) the transition to extratropical charac- (ii) are used for transitioning hurricane re- less than $13,750,000 shall be used to carry teristics as storms move poleward; and search assets into operational practice. such section 7(b). (v) the interactions of storms with envi- (2) To the Director of the National Science (C) TECHNOLOGIES FOR DISASTER RESPONSE ronmental conditions, including the atmos- Foundation, $56,250,000 to carry out sections phere, ocean, and land surface. AND RECOVERY.—Research to improve damage assessments after a hurricane and emer- 5 and 7(a). (C) UNDERSTANDING AIR AND SEA INTER- (b) INTERAGENCY TRANSFER OF FUNDS.— gency communications during hurricane re- ACTIONS.—Research regarding observations, (1) TRANSFERS BY UNDER SECRETARY FOR sponse and recovery, including improve- theory, and modeling to improve under- OCEANS AND ATMOSPHERE.—Of amounts ap- ments to— standing of air and sea interaction in hurri- propriated pursuant to the authorization of (i) communications networks for govern- canes and other high wind speed environ- appropriations under subsection (a)(1), the ment agencies and nongovernmental enti- ments. Under Secretary may transfer to the heads ties; (D) PREDICTING STORM SURGE, WAVES, RAIN- of other Federal agencies such amounts as (ii) network interoperability; FALL, INLAND FLOODING, AND STRONG WINDS the Under Secretary considers appropriate to (iii) cyber-security during hurricane or PRODUCED BY HURRICANES.—Research to un- carry out sections 5, 6, and 7(b). storm related emergencies; and derstand, model, and predict rainfall, coastal (2) TRANSFERS BY DIRECTOR OF THE NA- (iv) use of models, remote sensing, and sta- and riverline flooding, high winds, and the TIONAL SCIENCE FOUNDATION.—Of amounts ap- tistically based ground sampling to support potential occurrence of tornadoes, including propriated pursuant to the authorization of effective and rapid damage assessment to probabilistic modeling, mapping, and visual- appropriations under subsection (a)(2), the scale disaster response and recovery needs. ization of risk. Director of the National Science Foundation (3) RESEARCH INTEGRATION, TRANSITION, AND (E) RELATIONSHIPS BETWEEN HURRICANES may transfer to the heads of other Federal APPLICATION.—Research on integration, tran- AND CLIMATE VARIABILITY AND CHANGE.—Re- agencies such amounts as the Director con- sition, and application of research results, search to improve the understanding of the siders appropriate to carry out sections 5 and which may consist of the following: complex relationships between hurricanes 7(a). and climate on seasonal to decadal time (A) TRANSITION OF RESEARCH TO OPER- SEC. 9. INDEPENDENT REVIEW. scales, such as research to determine the ATIONS.—Research to develop mechanisms to (a) AGREEMENT.— most effective methods to use observational accelerate the application of improved mod- (1) IN GENERAL.—The Under Secretary shall information and numerical-model simula- els, observations, communication, and risk assessment systems, and related research seek to enter into an agreement with the Na- tions to examine short-term and long-term tional Research Council of the National impacts of climate on changes in storm in- products to forecasting and other oper- Academies for the National Research Coun- tensity, geographic distribution, and fre- ational settings, including use of 1 or more cil to perform the services covered by this quency. developmental test beds. section. (F) RELATIONSHIPS BETWEEN HURRICANES (B) ASSESSING VULNERABLE INFRASTRUC- (2) TIMING.—The Under Secretary shall AND ECOSYSTEMS.—Research to improve the TURE.—Developing a national engineering as- seek to enter into the agreement described understanding of how hurricanes affect eco- sessment and clearinghouse of coastal infra- in paragraph (1) not later than 180 days after systems, landscapes, and natural resources structure by leveraging and building upon the date of the enactment of this Act. and to develop assessments for hurricane existing Federal activities, resources, and re- (b) INDEPENDENT REVIEW OF NATIONAL HUR- vulnerability and risk, including— search, including infrastructure related to RICANE RESEARCH INITIATIVE.—Under an (i) how ecosystems have been influenced by levees, sea walls, and similar coastal flood- agreement between the Under Secretary and past hurricanes and the ability and capacity protection structures, drainage systems, the National Research Council under this of ecosystems to recover from the effects of bridges, water and sewage utilities, power, section, the National Research Council shall hurricanes; and communications, to determine the level carry out an independent review of the Ini- (ii) how ecosystem management practices of vulnerability of such infrastructure to tiative. In carrying out the review, the Na- can minimize disruptions to ecosystem func- damage from hurricanes. tional Research Council shall review the fol- tions and dependent economic uses as a re- (C) INTERACTION OF HURRICANES WITH ENGI- lowing: sult of hurricanes; and NEERED STRUCTURES.—Research to improve (1) Whether the Initiative has well-defined, (iii) the role of natural features, such as understanding of the impacts of hurricanes prioritized, and appropriate research objec- barrier islands, wetlands, and mangroves, and tropical storms on buildings, structures, tives. in— and housing combined with modeling that is (2) Whether the Initiative is properly co- (I) acting as natural buffers to wind and essential for guiding the creation of im- ordinated among relevant Federal agencies flood forces; and proved building designs and construction and stakeholders. (II) improving coastal resiliency. codes in locations particularly vulnerable to (3) Whether the Initiative has allocated ap- (2) TECHNOLOGY ASSESSMENT AND DEVELOP- hurricanes. propriate resources to each of the research MENT.—Technology assessment and develop- (D) EVACUATION PLANNING.—Research to objectives. ment, which may consist of the following: improve the manner in which hurricane-re- (4) Whether suitable mechanisms exist for (A) IMPROVED OBSERVATION OF HURRICANES lated information is provided to, and utilized transitioning the research results from the AND TROPICAL STORMS.—Research to improve by, the public and government officials, in- Initiative into operational technologies and hurricane and tropical storm observations cluding research to assist officials of State, procedures and activities in a timely man- and to improve the understanding of the tribal, regional, or local governments in— ner. complex nature of storms and their inter- (i) determining the circumstances in which (c) REPORT.—Not later than 4 years after action with the natural and built environ- evacuations are required; and the date of the enactment of this Act, the ment through development and application (ii) carrying out such evacuations. Under Secretary shall submit to the Com- of new technologies, such as— (E) DECISION SUPPORT.—Research to— mittee on Commerce, Science, and Transpor- (i) mobile radars and advanced airborne ob- (i) assess the social, behavioral, and eco- tation of the Senate and the Committee on serving technologies; nomic factors that influence decision mak- Science and Technology of the House of Rep- (ii) global positioning system technology; ing by the public, government officials, non- resentatives a report on the results of the re- (iii) unmanned vehicles; governmental entities, the private sector, view carried out under this section.

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(d) AUTHORIZATION OF APPROPRIATIONS.— taxable income) is amended by adding at the ‘‘(D) SPECIAL DRAWDOWN AMOUNT FOL- There is authorized to be appropriated to the end the following new subsection: LOWING A RECENT CATASTROPHE LOSS YEAR.— Under Secretary, $750,000 to carry out this ‘‘(h) DEFINITIONS AND OTHER RULES RELAT- If for any taxable year included in the ref- section. ING TO POLICYHOLDER DISASTER PROTECTION erence period the qualified losses exceed the S. 1486 FUNDS.—For purposes of this section— amount determined under subparagraph Be it enacted by the Senate and House of Rep- ‘‘(1) POLICYHOLDER DISASTER PROTECTION (C)(ii), the ‘catastrophe drawdown amount’ resentatives of the United States of America in FUND.—The term ‘policyholder disaster pro- shall be an amount that does not exceed the Congress assembled, tection fund’ (hereafter in this subsection re- lesser of the amount determined under sub- SECTION 1. SHORT TITLE. ferred to as the ‘fund’) means any custodial paragraph (B) or the amount determined This Act may be cited as the ‘‘Policyholder account, trust, or any other arrangement or under this subparagraph. The amount deter- Disaster Protection Act of 2009’’. account— mined under this subparagraph shall be an SEC. 2. FINDINGS. ‘‘(A) which is established to hold assets amount equal to the excess (if any) of— The Congress makes the following findings: that are set aside solely for the payment of ‘‘(i) the qualified losses for the taxable (1) Rising costs resulting from natural dis- qualified losses, and year, over asters are placing an increasing strain on the ‘‘(B) under the terms of which— ‘‘(ii) the lesser of— ability of property and casualty insurance ‘‘(i) the assets in the fund are required to ‘‘(I) 1⁄3 of the fund cap for the taxable year companies to assure payment of home- be invested in a manner consistent with the (determined without regard to paragraph owners’ claims and other insurance claims investment requirements applicable to the (9)(E)), or arising from major natural disasters now and qualified insurance company under the laws ‘‘(II) 10 percent of the qualified insurance in the future. of its jurisdiction of domicile, company’s surplus as regards policyholders (2) Present tax laws do not provide ade- ‘‘(ii) the net income for the taxable year as shown on the company’s annual statement quate incentives to assure that natural dis- derived from the assets in the fund is re- for the calendar year preceding the taxable aster insurance is provided or, where such in- quired to be distributed no less frequently year. surance is provided, that funds are available than annually, ‘‘(E) REFERENCE PERIOD.—For purposes of for payment of insurance claims in the event ‘‘(iii) an excess balance drawdown amount subparagraph (D), the reference period shall of future catastrophic losses from major nat- is required to be distributed to the qualified be determined under the following table: ural disasters, as present law requires an in- insurance company no later than the close of surer wishing to accumulate surplus assets the taxable year following the taxable year ‘‘For a taxable for this purpose to do so entirely from its for which such amount is determined, year beginning The reference period shall be— after-tax retained earnings. ‘‘(iv) a catastrophe drawdown amount may in— (3) Revising the tax laws applicable to the be distributed to the qualified insurance 2012 and later ... The 3 preceding taxable years. property and casualty insurance industry to company if distributed prior to the close of 2011 ...... The 2 preceding taxable years. permit carefully controlled accumulation of the taxable year following the year for which 2010 ...... The preceding taxable year. pretax dollars in separate reserve funds de- such amount is determined, 2008 or before ... No reference period applies. voted solely to the payment of claims arising ‘‘(v) a State required drawdown amount ‘‘(6) STATE REQUIRED DRAWDOWN AMOUNT.— from future major natural disasters will pro- may be distributed, and The term ‘State required drawdown amount’ vide incentives for property and casualty in- ‘‘(vi) no distributions from the fund are re- means any amount that the department of surers to make natural disaster insurance quired or permitted other than the distribu- insurance for the qualified insurance com- available, will give greater protection to the tions described in clauses (ii) through (v) and pany’s jurisdiction of domicile requires to be Nation’s homeowners, small businesses, and the return to the qualified insurance com- distributed from the fund, to the extent such other insurance consumers, and will help as- pany of contributions that are not qualified sure the future financial health of the Na- amount is not otherwise described in para- contributions. graph (4) or (5). tion’s insurance system as a whole. ‘‘(2) QUALIFIED INSURANCE COMPANY.—The ‘‘(7) FUND BALANCE.—The term ‘fund bal- (4) Implementing these changes will reduce term ‘qualified insurance company’ means ance’ means— the possibility that a significant portion of any insurance company subject to tax under ‘‘(A) the sum of all qualified contributions the private insurance system would fail in section 831(a). to the fund, the wake of a major natural disaster and ‘‘(3) QUALIFIED CONTRIBUTION.—The term ‘‘(B) less any net investment loss of the that governmental entities would be re- ‘qualified contribution’ means a contribu- fund for any taxable year or years, and quired to step in to provide relief at taxpayer tion to a fund for a taxable year to the ex- ‘‘(C) less the sum of all distributions under expense. tent that the amount of such contribution, clauses (iii) through (v) of paragraph (1)(B). SEC. 3. CREATION OF POLICYHOLDER DISASTER when added to the previous contributions to ‘‘(8) QUALIFIED LOSSES.— PROTECTION FUNDS; CONTRIBU- the fund for such taxable year, does not ex- ‘‘(A) IN GENERAL.—The term ‘qualified TIONS TO AND DISTRIBUTIONS ceed the excess of— FROM FUNDS; OTHER RULES. ‘‘(A) the fund cap for the taxable year, over losses’ means, with respect to a taxable (a) CONTRIBUTIONS TO POLICYHOLDER DIS- ‘‘(B) the fund balance determined as of the year— ASTER PROTECTION FUNDS.—Subsection (c) of close of the preceding taxable year. ‘‘(i) the amount of losses and loss adjust- section 832 of the Internal Revenue Code of ment expenses incurred in the qualified lines ‘‘(4) EXCESS BALANCE DRAWDOWN 1986 (relating to the taxable income of insur- of business specified in paragraph (9), net of AMOUNTS.—The term ‘excess balance draw- ance companies other than life insurance reinsurance, as reported in the qualified in- companies) is amended by striking ‘‘and’’ at down amount’ means the excess (if any) of— ‘‘(A) the fund balance as of the close of the surance company’s annual statement for the the end of paragraph (12), by striking the pe- taxable year, that are attributable to one or riod at the end of paragraph (13) and insert- taxable year, over ‘‘(B) the fund cap for the following taxable more qualifying events (regardless of when ing ‘‘; and’’, and by adding at the end the fol- such qualifying events occurred), lowing new paragraph: year. ‘‘(5) CATASTROPHE DRAWDOWN AMOUNT.— ‘‘(ii) the amount by which such losses and ‘‘(14) the qualified contributions to a pol- loss adjustment expenses attributable to icyholder disaster protection fund during the ‘‘(A) IN GENERAL.—The term ‘catastrophe drawdown amount’ means an amount that such qualifying events have been reduced for taxable year.’’. reinsurance received and recoverable, plus (b) DISTRIBUTIONS FROM POLICYHOLDER DIS- does not exceed the lesser of the amount de- ‘‘(iii) any nonrecoverable assessments, sur- ASTER PROTECTION FUNDS.—Paragraph (1) of termined under subparagraph (B) or (C). charges, or other liabilities that are borne by section 832(b) of the Internal Revenue Code ‘‘(B) NET LOSSES FROM QUALIFYING of 1986 is amended by striking ‘‘and’’ at the EVENTS.—The amount determined under this the qualified insurance company and are at- end of subparagraph (D), by striking the pe- subparagraph shall be equal to the qualified tributable to such qualifying events. riod at the end of subparagraph (E) and in- losses for the taxable year determined with- ‘‘(B) QUALIFYING EVENT.—For purposes of serting ‘‘, and’’, and by adding at the end the out regard to clause (ii) of paragraph (8)(A). subparagraph (A), the term ‘qualifying following new subparagraph: ‘‘(C) GROSS LOSSES IN EXCESS OF THRESH- event’ means any event that satisfies clauses ‘‘(F) the amount of any distributions from OLD.—The amount determined under this (i) and (ii). a policyholder disaster protection fund dur- subparagraph shall be equal to the excess (if ‘‘(i) EVENT.—An event satisfies this clause ing the taxable year, except that a distribu- any) of— if the event is 1 or more of the following: tion made to return to the qualified insur- ‘‘(i) the qualified losses for the taxable ‘‘(I) Windstorm (hurricane, cyclone, or tor- ance company any contribution which is not year, over nado). a qualified contribution (as defined in sub- ‘‘(ii) the lesser of— ‘‘(II) Earthquake (including any fire fol- section (h)) for a taxable year shall not be in- ‘‘(I) the fund cap for the taxable year (de- lowing). cluded in gross income if such distribution is termined without regard to paragraph ‘‘(III) Winter catastrophe (snow, ice, or made prior to the filing of the tax return for (9)(E)), or freezing). such taxable year.’’. ‘‘(II) 30 percent of the qualified insurance ‘‘(IV) Fire. (c) DEFINITIONS AND OTHER RULES RELAT- company’s surplus as regards policyholders ‘‘(V) Tsunami. ING TO POLICYHOLDER DISASTER PROTECTION as shown on the company’s annual statement ‘‘(VI) Flood. FUNDS.—Section 832 of the Internal Revenue for the calendar year preceding the taxable ‘‘(VII) Volcanic eruption. Code of 1986 (relating to insurance company year. ‘‘(VIII) Hail.

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‘‘(ii) CATASTROPHE DESIGNATION.—An event contained in subparagraph (C), is the product ‘‘(D) SUBSEQUENT MODIFICATIONS OF THE AN- satisfies this clause if the event— of— NUAL STATEMENT BLANK.—If, with respect to ‘‘(I) is designated a catastrophe by Prop- ‘‘(i) net written premiums reported in the any taxable year beginning after the effec- erty Claim Services or its successor organi- annual statement for the calendar year pre- tive date of this subsection, the annual zation, ceding the taxable year in such line of busi- statement blank required to be filed is ‘‘(II) is declared by the President to be an ness, multiplied by amended to replace, combine, or otherwise emergency or disaster, or ‘‘(ii) the fund cap multiplier applicable to modify any of the qualified lines of business ‘‘(III) is declared to be an emergency or such qualified line of business. specified in subparagraph (C), then for such ‘‘(C) QUALIFIED LINES OF BUSINESS AND disaster in a similar declaration by the chief taxable year subparagraph (C) shall be ap- THEIR RESPECTIVE FUND CAP MULTIPLIERS.— executive official of a State, possession, or For purposes of this paragraph, the qualified plied in a manner such that the fund cap territory of the United States, or the Dis- lines of business and fund cap multipliers shall be the same amount as if such report- trict of Columbia. specified in this subparagraph are those spec- ing modification had not been made. ‘‘(9) FUND CAP.— ified in the following table: ‘‘(E) 20-YEAR PHASE-IN.—Notwithstanding ‘‘(A) IN GENERAL.—The term ‘fund cap’ for ‘‘Line of Business on Fund Cap subparagraph (C), the fund cap for a taxable a taxable year is the sum of the separate Annual Multiplier: year shall be the amount determined under lines of business caps for each of the quali- Statement Blank: subparagraph (C), as adjusted pursuant to fied lines of business specified in the table Fire ...... 0.25 subparagraph (D) (if applicable), multiplied contained in subparagraph (C) (as modified Allied ...... 1.25 by the phase-in percentage indicated in the under subparagraphs (D) and (E)). Farmowners Multiple Peril ...... 0.25 following table: Homeowners Multiple Peril ...... 0.75 ‘‘(B) SEPARATE LINES OF BUSINESS CAP.—For Commercial Multi Peril (non-li- purposes of subparagraph (A), the separate ability portion) ...... 0.50 lines of business cap, with respect to a quali- Earthquake ...... 13.00 fied line of business specified in the table Inland Marine ...... 0.25.

Phase-in percentage to be applied to fund cap ‘‘Taxable year beginning in: computed under subparagraphs (A) and (B)

2009 ...... 5 percent 2010 ...... 10 percent 2011 ...... 15 percent 2012 ...... 20 percent 2013 ...... 25 percent 2014 ...... 30 percent 2015 ...... 35 percent 2016 ...... 40 percent 2017 ...... 45 percent 2018 ...... 50 percent 2019 ...... 55 percent 2020 ...... 60 percent 2021 ...... 65 percent 2022 ...... 70 percent 2023 ...... 75 percent 2024 ...... 80 percent 2025 ...... 85 percent 2026 ...... 90 percent 2027 ...... 95 percent 2028 and later ...... 100 percent.

‘‘(10) TREATMENT OF INVESTMENT INCOME ‘‘(11) NET INCOME; NET INVESTMENT LOSS.— having a taxable year other than the cal- AND GAIN OR LOSS.— For purposes of paragraph (1)(B)(ii), the net endar year or a taxable year less than 12 ‘‘(A) CONTRIBUTIONS IN KIND.—A transfer of income derived from the assets in the fund months, property other than money to a fund shall be for the taxable year shall be the items of in- ‘‘(B) which govern a fund maintained by a treated as a sale or exchange of such prop- come and gain for the taxable year, less the qualified insurance company that ceases to erty for an amount equal to its fair market items of loss for the taxable year, derived be subject to this part, and value as of the date of transfer, and appro- from such assets, as described in paragraph ‘‘(C) which govern the application of para- priate adjustment shall be made to the basis (10)(C). For purposes of paragraph (7), there graph (9)(D).’’. of such property. Section 267 shall apply to is a net investment loss for the taxable year (d) EFFECTIVE DATE.—The amendments any loss realized upon such a transfer. to the extent that the items of loss described made by this section shall apply to taxable ‘‘(B) DISTRIBUTIONS IN KIND.—A transfer of in the preceding sentence exceed the items of years beginning after December 31, 2008. property other than money by a fund to the income and gain described in the preceding S. 1487 qualified insurance company shall not be sentence. Be it enacted by the Senate and House of Rep- treated as a sale or exchange or other dis- ‘‘(12) ANNUAL STATEMENT.—For purposes of resentatives of the United States of America in position of such property. The basis of such this subsection, the term ‘annual statement’ Congress assembled, property immediately after such transfer shall have the meaning set forth in section SECTION 1. SHORT TITLE. shall be the greater of the basis of such prop- 846(f)(3). This Act may be cited as the ‘‘Commission erty immediately before such transfer or the ‘‘(13) EXCLUSION OF PREMIUMS AND LOSSES on Catastrophic Disaster Risk and Insurance fair market value of such property on the ON CERTAIN PUERTO RICAN RISKS.—Notwith- Act of 2009’’. date of such transfer. standing any other provision of this sub- SEC. 2. FINDINGS. ‘‘(C) INCOME WITH RESPECT TO FUND AS- section, premiums and losses with respect to Congress finds the following: SETS.—Items of income of the type described risks covered by a catastrophe reserve estab- (1) Hurricanes Katrina, Rita, and Wilma, in paragraphs (1)(B), (1)(C), and (2) of sub- lished under the laws or regulations of the which struck the United States in 2005, section (b) that are derived from the assets Commonwealth of Puerto Rico shall not be caused over $200 billion in total economic held in a fund, as well as losses from the sale taken into account under this subsection in losses, including insured and uninsured or other disposition of such assets, shall be determining the amount of the fund cap or losses. considered items of income, gain, or loss of the amount of qualified losses. (2) Although private sector insurance is the qualified insurance company. Notwith- ‘‘(14) REGULATIONS.—The Secretary shall currently available to spread some catas- standing paragraph (1)(F) of subsection (b), prescribe such regulations as may be nec- trophe-related losses throughout the Nation distributions of net income to the qualified essary or appropriate to carry out the pur- and internationally, most experts believe insurance company pursuant to paragraph poses of this subsection, including regula- there will be significant insurance and rein- (1)(B)(ii) of this subsection shall not cause tions— surance shortages, resulting in dramatic rate such income to be taken into account a sec- ‘‘(A) which govern the application of this increases for consumers and businesses, and ond time. subsection to a qualified insurance company the unavailability of catastrophe insurance.

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.066 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7791 (3) The Federal Government has provided shall be appointed only upon unanimous dustries in providing insurance protection to and will continue to provide billions of dol- agreement of— different sectors of the American population; lars and resources to pay for losses from ca- (A) the majority leader of the Senate; (2) the constraints and opportunities in im- tastrophes, including hurricanes, volcanic (B) the minority leader of the Senate; plementing a catastrophic insurance system eruptions, tsunamis, tornados, and other dis- (C) the Speaker of the House of Represent- that can resolve key obstacles currently im- asters, at huge costs to American taxpayers. atives; and peding broader implementation of catas- (4) The Federal Government has a critical (D) the minority leader of the House of trophe risk management and financing with interest in ensuring appropriate and fiscally Representatives. insurance; responsible risk management of catas- (2) CONSULTATION.—In making any appoint- (3) methods to improve risk underwriting trophes. Mortgages require reliable property ment under paragraph (1), each individual practices, including— insurance, and the unavailability of reliable described in paragraph (1) shall consult with (A) analysis of modalities of risk transfer property insurance would make most real es- the President. for potential financial losses; tate transactions impossible. In addition, the (c) ELIGIBILITY LIMITATION.—Except as pro- (B) assessment of private securitization of public health, safety, and welfare demand vided in subsection (a), no member or officer insurances risks; that structures damaged or destroyed in a of the Congress, or other member or officer (C) private-public partnerships to increase catastrophe be reconstructed as soon as pos- of the Executive Branch of the United States insurance capacity in constrained markets; sible. Therefore, the inability of the private Government or any State government may and sector insurance and reinsurance markets to be appointed to be a member of the Commis- (D) the financial feasibility and sustain- maintain sufficient capacity to enable Amer- sion. ability of a national catastrophe pool or re- icans to obtain property insurance coverage (d) PERIOD OF APPOINTMENT.— gional catastrophe pools designed to provide in the private sector endangers the national (1) IN GENERAL.—Each member of the Com- adequate insurance coverage and increased economy and the public health, safety, and mission shall be appointed for the life of the underwriting capacity to insurers and rein- welfare. Commission. surers; (5) Multiple proposals have been intro- (2) VACANCIES.—A vacancy on the Commis- (4) approaches for implementing a public duced in the United States Congress over the sion shall not affect its powers, but shall be insurance scheme for low-income commu- past decade to address catastrophic risk in- filled in the same manner as the original ap- nities, in order to promote risk reduction surance, including the creation of a national pointment was made. and explicit insurance coverage in such com- catastrophic reinsurance fund and the revi- (e) QUORUM.— munities; sion of the Federal tax code to allow insurers (1) MAJORITY.—A majority of the members (5) methods to strengthen insurance regu- to use tax-deferred catastrophe funds, yet of the Commission shall constitute a latory requirements and supervision of such Congress has failed to act on any of these quorum, but a lesser number may hold hear- requirements, including solvency for cata- proposals. ings. strophic risk reserves; (6) To the extent the United States faces (2) APPROVAL ACTIONS.—All recommenda- (6) methods to promote public insurance high risks from catastrophe exposure, essen- tions and reports of the Commission required policies linked to programs for loss reduc- tial technical information on financial struc- by this Act shall be approved only by a mation in the uninsured sectors of the Amer- ican population; tures and innovations in the catastrophe in- jority vote of a quorum of the Commission. (7) methods to strengthen the risk assess- surance market is needed. (f) CHAIRPERSON.—The majority leader of ment and enforcement of structural mitiga- (7) The most efficient and effective ap- the Senate, the minority leader of the Sen- tion and vulnerability reduction measures, proach to assessing the catastrophe insur- ate, the Speaker of the House of Representa- such as zoning and building code compliance; ance problem in the public policy context is tives, and the minority leader of the House (8) the appropriate role for the Federal to establish a bipartisan commission of ex- of Representatives shall jointly select 1 Government in stabilizing the property and perts to study the management of cata- member appointed pursuant to subsection (a) casualty insurance and reinsurance markets, strophic disaster risk, and to require such to serve as the Chairperson of the Commis- with an analysis— commission to timely report its rec- sion. (A) of options such as— ommendations to Congress so that Congress (g) MEETINGS.—The Council shall meet at the call of its Chairperson or a majority of (i) a reinsurance mechanism; can quickly craft a solution to protect the (ii) the modernization of Federal taxation its members at any time. American people. policies; and SEC. 3. ESTABLISHMENT. SEC. 5. DUTIES OF THE COMMISSION. (iii) an ‘‘insurance of last resort’’ mecha- There is established a bipartisan Commis- The Commission shall— nism; and sion on Catastrophic Disaster Risk and In- (1) assess— (B) how to fund such options; and surance (in this Act referred to as the ‘‘Com- (A) the condition of the property and cas- (9) the merits of 3 principle legislative pro- mission’’). ualty insurance and reinsurance markets in posals introduced in the 109th Congress, SEC. 4. MEMBERSHIP. the aftermath of Hurricanes Katrina, Rita, namely: (a) MEMBERS.—The Commission shall be and Wilma in 2005, and the 4 major hurri- (A) The creation of a Federal catastrophe composed of the following: canes that struck the United States in 2004; fund to act as a backup to State catastrophe (1) The Administrator of the Federal Emer- and funds (S. 3117); gency Management Agency or a designee of (B) the ongoing exposure of the United (B) Tax-deferred catastrophe accounts for the Administrator. States to earthquakes, volcanic eruptions, insurers (S. 3115); and (2) The Administrator of the National Oce- tsunamis, and floods; and (C) Tax-free catastrophe accounts for pol- anic and Atmospheric Administration or a (2) recommend and report, as required icyholders (S. 3116). under section 6, any necessary legislative designee of the Administrator. SEC. 7. POWERS OF THE COMMISSION. and regulatory changes that will— (3) 12 additional members or their des- (a) HEARINGS.—The Commission or, at the ignees of whom one shall be— (A) improve the domestic and inter- direction of the Commission, any sub- (A) a representative of a consumer group; national financial health and competitive- committee or member of the Commission, (B) a representative of a primary insurance ness of such markets; and may, for the purpose of carrying out this company; (B) assure consumers of the— Act— (C) a representative of a reinsurance com- (i) availability of adequate insurance cov- (1) hold such public hearings in such cities pany; erage when an insured event occurs; and and countries, sit and act at such times and (D) an independent insurance agent with (ii) best possible range of insurance prod- places, take such testimony, receive such experience in writing property and casualty ucts at competitive prices. evidence, and administer such oaths or affir- insurance policies; SEC. 6. REPORT. mations as the Commission or such sub- (E) a State insurance regulator; (a) IN GENERAL.—Not later than 90 days committee or member considers advisable; (F) a State emergency operations official; after the appointment of Commission mem- and (G) a scientist; bers under section 4, the Commission shall (2) require, by subpoena or otherwise, the (H) a faculty member of an accredited uni- submit to the President and the Congress a attendance and testimony of such witnesses versity with experience in risk management; final report containing a detailed statement and the production of such books, records, (I) a member of nationally recognized of its findings, together with any rec- correspondence, memoranda, papers, docu- think tank with experience in risk manage- ommendations for legislation or administra- ments, tapes, and materials as the Commis- ment; tive action that the Commission considers sion or such subcommittee or member con- (J) a homebuilder with experience in struc- appropriate, in accordance with the require- siders advisable. tural engineering; ments of section 5. (b) ISSUANCE AND ENFORCEMENT OF SUB- (K) a mortgage lender; and (b) CONSIDERATIONS.—In developing any POENAS.— (L) a nationally recognized expert in anti- recommendations under subsection (a), the (1) ISSUANCE.—Subpoenas issued under sub- trust law. Commission shall consider— section (a) shall bear the signature of the (b) MANNER OF APPOINTMENT.— (1) the catastrophic insurance and reinsur- Chairperson of the Commission and shall be (1) IN GENERAL.—Any member of the Com- ance market structures and the relevant served by any person or class of persons des- mission described under subsection (a)(3) commercial practices in such insurance in- ignated by the Chairperson for that purpose.

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.067 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7792 CONGRESSIONAL RECORD — SENATE July 21, 2009 (2) ENFORCEMENT.—In the case of contu- ence, at rates authorized for employees of months of additional group rate cov- macy or failure to obey a subpoena issued agencies under subchapter I of chapter 57 of erage under employer sponsored plans under subsection (a), the United States dis- title 5, United States Code, while away from following a triggering event such as job trict court for the judicial district in which their homes or regular places of business in loss. This law has been instrumental in the subpoenaed person resides, is served, or the performance of services for the Commis- may be found may issue an order requiring sion. providing continuity of health cov- such person to appear at any designated (c) SUBCOMMITTEES.—The Commission may erage for families. The measure replace to testify or to produce documentary establish subcommittees and appoint persons quires companies with over 20 employ- or other evidence. Any failure to obey the to such subcommittees as the Commission ees to provide access to 18 months of order of the court may be punished by the considers appropriate. continued coverage at the employee’s (d) STAFF.—Subject to such policies as the court as a contempt of that court. expense, except in cases of firing for (3) CONFIDENTIALITY.— Commission may prescribe, the Chairperson of the Commission may appoint and fix the gross employee misconduct. Bene- (A) IN GENERAL.—Information obtained ficiaries cover the additional adminis- under a subpoena issued under subsection (a) pay of such additional personnel as the which is deemed confidential, or with ref- Chairperson considers appropriate to carry trative expense, and may be charged up erence to which a request for confidential out the duties of the Commission. to 103 percent of their original pre- (e) APPLICABILITY OF CERTAIN CIVIL SERV- treatment is made by the person furnishing miums. ICE LAWS.—Subcommittee members and staff such information— The American Reinvestment and Re- of the Commission may be— (i) shall be exempt from disclosure under (1) appointed without regard to the provi- covery Act provided help with health section 552 of title 5, United States Code; and sions of title 5, United States Code, gov- insurance for families who lost their (ii) shall not be published or disclosed un- erning appointments in the competitive jobs after September 1, 2008 and less the Commission determines that the service; and through December of 2009. For those in withholding of such information is contrary (2) paid without regard to the provisions of to the interest of the United States. this category, the federal government chapter 51 and subchapter III of chapter 53 of (B) EXCEPTION.—The requirements of sub- provides nine months of subsidized pre- that title relating to classification and Gen- paragraph (A) shall not apply to the publica- miums, with beneficiaries covering 35 eral Schedule pay rates, except that an indi- tion or disclosure of any data aggregated in percent of premium costs. However, the vidual so appointed may not receive pay in a manner that ensures protection of the excess of the annual rate of basic pay pre- downturn started well before Sep- identity of the person furnishing such data. scribed for GS–18 of the General Schedule tember of 2008. (c) AUTHORITY OF MEMBERS OR AGENTS OF under section 5332 of that title. For those that lost their job before THE COMMISSION.—Any member or agent of (f) EXPERTS AND CONSULTANTS.—In car- September, and are still looking for the Commission may, if authorized by the rying out its objectives, the Commission work, the situation is dire. Many are Commission, take any action which the may procure temporary and intermittent Commission is authorized to take by this quickly facing the end of their 18 services of consultants and experts under month eligibility period for COBRA. Act. section 3109(b) of title 5, United States Code, (d) OBTAINING OFFICIAL DATA.— at rates for individuals which do not exceed They hear about health reform but (1) AUTHORITY.—Notwithstanding any pro- the daily equivalent of the annual rate of have no idea when it may come. Insur- vision of section 552a of title 5, United States basic pay prescribed for GS–18 of the General ance exchanges to guaranteeing eligi- Code, the Commission may secure directly Schedule under section 5332 of that title. bility and reasonable premiums on the from any department or agency of the (g) DETAIL OF GOVERNMENT EMPLOYEES.— individual market could take years to United States any information necessary to Upon request of the Chairperson of the Com- set up. In the mean time, those who enable the Commission to carry out the pur- mission, any Federal Government employee could have afforded coverage under poses of this Act. may be detailed to the Commission to assist (2) PROCEDURE.—Upon request of the Chair- in carrying out the duties of the Commis- COBRA may instead have to resort to person of the Commission, the head of that sion— emergency room care and bankruptcy. department or agency shall furnish the infor- (1) on a reimbursable basis; and The Emergency COBRA Expansion mation requested to the Commission. (2) such detail shall be without interrup- Act of 2009 will give job seekers the op- (e) POSTAL SERVICES.—The Commission tion or loss of civil service status or privi- portunity to continue their COBRA may use the United States mails in the same lege. coverage for up to an additional 6 manner and under the same conditions as SEC. 9. TERMINATION. months. The bill applies to all of those other departments and agencies of the Fed- The Commission shall terminate 60 days utilizing COBRA benefits as of the date eral Government. after the date on which the Commission sub- (f) ADMINISTRATIVE SUPPORT SERVICES.— mits its report under section 6. of bill passage, and would not extend Upon the request of the Commission, the Ad- SEC. 10. AUTHORIZATION OF APPROPRIATIONS. anyone’s coverage beyond 12 months ministrator of General Services shall provide There are authorized to be appropriated from the date of bill enactment. A year to the Commission, on a reimbursable basis, $5,000,000 to carry out the purposes of this from now, our country will be on the any administrative support services nec- Act. road to economic recovery, but in the essary for the Commission to carry out its meantime we need to help struggling responsibilities under this Act. By Mr. BURRIS: families to stay insured and healthy. (g) GIFTS.— S. 1488. A bill to extend temporarily (1) IN GENERAL.—The Commission may ac- the 18-month period of continuation By Ms. SNOWE: cept, use, and dispose of gifts or donations of coverage under group health plans re- services or property. S. 1489. A bill to amend the Small quired under COBRA continuation cov- (2) REGULATIONS.—The Commission shall Business Act to create parity among adopt internal regulations governing the re- erage provisions so as to provide for a small business contracting programs, ceipt of gifts or donations of services or total period of continuation coverage and for other purposes; to the Com- property similar to those described in part of up to 24 months; to the Committee mittee on Small Business and Entre- 2601 of title 5, Code of Federal Regulations. on Health, Education, Labor, and Pen- preneurship. SEC. 8. COMMISSION PERSONNEL MATTERS. sions. Ms. SNOWE. Mr. President, as Rank- (a) COMPENSATION OF MEMBERS.—Each Mr. BURRIS. Mr. President, today I ing Member of the Senate Committee member of the Commission who is not an of- rise to address a growing problem re- on Small Business and Entrepreneur- ficer or employee of the Federal Government sulting from America’s high levels of ship, I rise to introduce this bill in shall be compensated at a rate equal to the order to correct disparities among the daily equivalent of the annual rate of basic unemployment and economic down- pay prescribed for GS–18 of the General turn. Congress is working to design Small Business Administration’s small Schedule under section 5332 of title 5, United health reform that will provide access business contracting programs. Build- States Code, for each day (including travel to quality, affordable insurance cov- ing on my efforts to bring true parity time) during which such member is engaged erage for every American, but as unem- to the program, this bill will create a in the performance of the duties of the Com- ployment numbers continue to rise, more equitable and flexible method for mission. All members of the Commission help may not come in time to avoid federal agencies to fairly allocate fed- who are officers or employees of the United coverage denials on the individual in- eral procurement dollars to small busi- States shall serve without compensation in ness contractors across the nation. addition to that received for their services as surance market and unbearable eco- officers or employees of the United States. nomic strain for those job seekers Earlier this year, I filed an amend- (b) TRAVEL EXPENSES.—The members of whose COBRA coverage has expired. ment, cosponsored by my colleague the Commission shall be allowed travel ex- The Comprehensive Omnibus Budget from Maine, Senator COLLINS, to create penses, including per diem in lieu of subsist- Reconciliation Act of 1985 codified 18 parity as part of S. 454, the Weapon

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.067 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7793 Systems Acquisition Reform Act of S. RES. 218 ferred to the Committee on Homeland 2009. Unfortunately, that amendment Resolved, That the following be the minor- Security and Governmental Affairs: ity membership on the following committees was not accepted. S. CON. RES. 33 for the remainder of the 111th Congress, or For years it has been unclear to the Whereas the USS Mason DE-529 was the acquisition community what, if any, until their successors are appointed: COMMITTEE ON AGRICULTURE NUTRI- only United States Navy destroyer with a the true order of preference is for de- TION AND FORESTRY: Mr. Chambliss, Mr. predominantly black enlisted crew during termining which small business con- Lugar, Mr. Cochran, Mr. McConnell, Mr. World War II; tracting program is at the top of the Roberts, Mr. Johanns, Mr. Grassley, Mr. Whereas the integration of the crew of the agency’s priority list. The SBA’s regu- Thune, and Mr. Cornyn. USS Mason DE-529 was the role model for ra- lations state that there is parity COMMITTEE ON FOREIGN RELATIONS: cial integration on Navy vessels and served among the programs, and this had been Mr. Lugar, Mr. Corker, Mr. Isakson, Mr. as a beacon for desegregation in the Navy; the general practice in effect until two Risch, Mr. DeMint, Mr. Barrasso, Mr. Wick- Whereas the integration of the crew sig- er, and Mr. Inhofe. Government Accountability Office de- nified the first time that black citizens of COMMITTEE ON HOMELAND SECURITY the United States were trained to serve in cisions were released on September 19, AND GOVERNMENTAL AFFAIRS: Ms. Col- ranks other than cooks and stewards; 2008 and May 4, 2009. lins, Mr. Coburn, Mr. McCain, Mr. Voinovich, Whereas the USS Mason DE-529 served as a The decisions stated that the Histori- Mr. Ensign, Mr. Graham, and Mr. Bennett. convoy escort in the Atlantic and Mediterra- cally Underutilized Business Zone, COMMITTEE ON SMALL BUSINESS AND nean Theatres during World War II; HUBZone, program had preference over ENTREPRENEURSHIP: Ms. Snowe, Mr. Whereas, in September 1944, the crew of all other small business contracting Bond, Mr. Vitter, Mr. Thune, Mr. Enzi, Mr. the USS Mason DE-529 helped save Convoy Isakson, Mr. Wicker, and Mr. Risch. NY119, ushering the convoy to safety despite programs. While the interpretation SPECIAL COMMITTEE ON AGING: Mr. a deadly storm in the Atlantic Ocean; benefits HUBZone businesses, it comes Martinez, Mr. Shelby, Ms. Collins, Mr. Cork- Whereas, in 1998, the Secretary of the Navy at the expense of other vital small er, Mr. Hatch, Mr. Brownback, Mr. Graham, business contracting programs. This and Mr. Chambliss. John H. Dalton made an official decision to targeted bill provides equity for the name an Arleigh Burke Class Destroyer the f USS Mason DDG-87 in order to honor the SBA’s small business contracting pro- SENATE RESOLUTION 219—HON- USS Mason DE-529; grams. Whereas, in 1994, President Clinton award- The bill provides Federal agencies ORING THE HOCKEY TEAM OF EAST SIDE HIGH SCHOOL IN ed the USS Mason DE-529 a long-overdue with the necessary flexibility to satisfy commendation, presenting the award to 67 of their government-wide statutory small NEWARK, NEW JERSEY the surviving crewmembers; and business contracting goals. This bill Mr. MENENDEZ submitted the fol- Whereas commemorative postage stamps makes clear to purchasing agencies lowing resolution; which was referred have been issued to honor important vessels, that contracting officers may award to the Committee on the Judiciary: aircrafts, and battles in the history of the contracts to HUBZone, Service Dis- S. RES. 219 United States: Now, therefore, be it abled Veterans, 8(a), or women-owned Resolved by the Senate (the House of Rep- Whereas adolescents who lack a struc- resentatives concurring), That it is the sense firms with equal deference to each pro- tured, after-school environment are at high of Congress that— gram. It would provide these agencies risk of delinquency, poor academic perform- (1) the United States Postal Service should ance, and illicit behavior; with the ability to achieve their issue a postage stamp honoring the crew of Whereas the lack of a structured after- goaling requirements equally through the USS Mason DE-529 who fought and school environment is especially prevalent an award to a HUBZone firm, a service- served during World War II; and in inner-city communities such as Newark, disabled veteran-owned small business, (2) the Citizens’ Stamp Advisory Com- New Jersey; mittee should recommend to the Postmaster and a small business participating in Whereas athletic organizations provide a General that such a stamp be issued. the 8(a) business development program. safe after-school environment in which ado- Of course this list will also include lescents learn about commitment, dedica- f women-owned small businesses once tion, and teamwork; AMENDMENTS SUBMITTED AND Whereas East Side High School in Newark, the women’s procurement program is PROPOSED fully implemented by the SBA. New Jersey, formed a hockey team; In addition, this bill brings the SBA’s Whereas members of the East Side High SA 1647. Mr. LAUTENBERG submitted an contracting programs closer to true School hockey team have shown resilience, amendment intended to be proposed by him parity by giving HUBZones a subcon- dedication, and continuous improvement; to the bill S. 1390, to authorize appropria- Whereas the New Jersey Devils offered as- tracting goal. HUBZones are the only tions for fiscal year 2010 for military activi- sistance to the East Side High School hock- ties of the Department of Defense, for mili- small business contracting program ey team, including access to the New Jersey tary construction, and for defense activities without a subcontracting goal. In addi- Devils practice hockey rink; and of the Department of Energy, to prescribe tion, the bill authorizes mentor Whereas the nonprofit organization, Hock- military personnel strengths for such fiscal prote´ge´ programs modeled after those ey in Newark, has joined with the New Jer- year, and for other purposes; which was or- used in the 8(a) program for HUBZones, sey Devils and the National Hockey League dered to lie on the table. service-disabled veteran and women- to collect and distribute donated hockey SA 1648. Mrs. BOXER (for herself and Mrs. owned firms. equipment and uniforms valued at $85,000 to FEINSTEIN) submitted an amendment in- The essence of true parity is where low-income children in Newark, New Jersey: tended to be proposed by her to the bill S. each program has an equal chance of Now, therefore, be it 1390, supra; which was ordered to lie on the Resolved, That the Senate— table. competing and being selected for an (1) commends the dedication of the players award. During these difficult economic SA 1649. Ms. COLLINS (for herself and Mr. and coaches of the hockey team of East Side COBURN) submitted an amendment intended times, it is imperative that small busi- High School in Newark, New Jersey; to be proposed by her to the bill S. 1390, ness contractors possess an equal op- (2) wishes the East Side High School hock- supra; which was ordered to lie on the table. portunity to compete for Federal con- ey team many successful seasons ahead; and SA 1650. Mr. LIEBERMAN (for himself and tracts on the same playing field with (3) commends the New Jersey Devils for en- Mr. GRAHAM) submitted an amendment in- each other. gaging the local community and providing tended to be proposed by him to the bill S. I urge my colleagues on both sides of low-income, at-risk children the opportunity 1390, supra; which was ordered to lie on the the aisle to support this bill. to play hockey. table. SA 1651. Mr. FEINGOLD (for himself, Ms. f f MURKOWSKI, Mrs. LINCOLN, and Mr. BURRIS) SUBMITTED RESOLUTIONS SENATE CONCURRENT RESOLU- submitted an amendment intended to be pro- TION 33—EXPRESSING THE posed by him to the bill S. 1390, supra; which SENSE OF CONGRESS THAT A was ordered to lie on the table. SENATE RESOLUTION 218—MAKING COMMEMORATIVE POSTAGE SA 1652. Mr. INHOFE submitted an amend- MINORITY PARTY APPOINT- STAMP SHOULD BE ISSUED TO ment intended to be proposed by him to the MENTS FOR THE 111TH CON- HONOR THE CREW OF THE USS bill S. 1390, supra; which was ordered to lie GRESS MASON DE–529 WHO FOUGHT AND on the table. SERVED DURING WORLD WAR II. SA 1653. Mr. CORNYN (for himself and Mr. Mr. MCCONNELL submitted the fol- INHOFE) submitted an amendment intended lowing resolution; which was consid- Mr. BURRIS submitted the following to be proposed by him to the bill S. 1390, ered and agreed to: concurrent resolution; which was re- supra; which was ordered to lie on the table.

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.073 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7794 CONGRESSIONAL RECORD — SENATE July 21, 2009 SA 1654. Mr. CORNYN submitted an SA 1674. Mr. KYL submitted an amend- struction, and for defense activities of amendment intended to be proposed by him ment intended to be proposed by him to the the Department of Energy, to prescribe to the bill S. 1390, supra; which was ordered bill S. 1390, supra; which was ordered to lie military personnel strengths for such to lie on the table. on the table. fiscal year, and for other purposes; SA 1655. Mr. CORNYN (for himself, Mr. SA 1675. Mr. FEINGOLD (for himself and INHOFE, and Mr. KYL) submitted an amend- Ms. MURKOWSKI) submitted an amendment which was ordered to lie on the table; ment intended to be proposed by him to the intended to be proposed by him to the bill S. as follows: bill S. 1390, supra; which was ordered to lie 1390, supra; which was ordered to lie on the On page 213, between lines 14 and 15, insert on the table. table. the following: SA 1656. Mr. CONRAD submitted an SA 1676. Mr. BEGICH (for himself, Mr. SES- SEC. 706. SENSE OF THE SENATE ON HEALTH amendment intended to be proposed by him SIONS, and Mr. LIEBERMAN) submitted an CARE BENEFITS AND COSTS FOR to the bill S. 1390, supra; which was ordered amendment intended to be proposed by him MEMBERS OF THE ARMED FORCES to lie on the table. to the bill S. 1390, supra; which was ordered AND THEIR FAMILIES. SA 1657. Mr. SESSIONS submitted an to lie on the table. (a) FINDINGS.—The Senate makes the fol- amendment intended to be proposed by him SA 1677. Mr. BEGICH (for himself, Mr. SES- lowing findings: to the bill S. 1390, supra; which was ordered SIONS, and Mr. LIEBERMAN) submitted an (1) Career members of the Armed Forces to lie on the table. amendment intended to be proposed by him and their families endure unique and ex- SA 1658. Mr. SANDERS submitted an to the bill S. 1390, supra; which was ordered traordinary demands, and make extraor- amendment intended to be proposed by him to lie on the table. dinary sacrifices, over the course of 20-year to the bill S. 1390, supra; which was ordered SA 1678. Mr. LEAHY submitted an amend- to 30-year careers in protecting freedom for to lie on the table. ment intended to be proposed by him to the all Americans. SA 1659. Mr. SANDERS submitted an bill S. 1390, supra; which was ordered to lie (2) The nature and extent of these demands amendment intended to be proposed by him on the table. and sacrifices are never so evident as in war- to the bill S. 1390, supra; which was ordered SA 1679. Mr. GRASSLEY submitted an time, not only during the current combat op- to lie on the table. amendment intended to be proposed by him erations, but also during the wars of the last SA 1660. Mr. CARDIN (for himself, Ms. MI- to the bill S. 1390, supra; which was ordered 60 years when current retired members of the KULSKI, Mr. WEBB, and Mr. WARNER) sub- to lie on the table. Armed Forces were on continuous call to go mitted an amendment intended to be pro- SA 1680. Mr. VOINOVICH (for himself, Mr. posed by him to the bill S. 1390, supra; which in harm’s way when and as needed. LEAHY, Mr. BOND, Mr. BEGICH, Mr. BENNETT, (3) A primary benefit of enduring the ex- was ordered to lie on the table. Mr. BYRD, Mr. CASEY, Mr. COCHRAN, Mr. SA 1661. Mr. KERRY (for himself and Mr. traordinary sacrifices inherent in a military CRAPO, Mr. DORGAN, Mrs. LINCOLN, Ms. MUR- career is a range of retirement benefits, in- CHAMBLISS) submitted an amendment in- KOWSKI, Mr. RISCH, Mr. ROCKEFELLER, and tended to be proposed by him to the bill S. cluding lifetime health benefits, that a Mrs. SHAHEEN) submitted an amendment in- grateful Nation provides for those who 1390, supra; which was ordered to lie on the tended to be proposed by him to the bill S. table. choose to subordinate their personal life to 1390, supra; which was ordered to lie on the the national interest for so many years. SA 1662. Mr. DURBIN (for himself and Mr. table. (4) Currently serving and retired members NELSON, of Nebraska) submitted an amend- SA 1681. Mrs. LINCOLN (for herself, Ms. of the uniformed services and their families ment intended to be proposed by him to the LANDRIEU, Mr. TESTER, and Mr. WYDEN) sub- and survivors deserve benefits equal to their bill S. 1390, supra; which was ordered to lie mitted an amendment intended to be pro- commitment and service to our Nation. on the table. posed by her to the bill S. 1390, supra; which SA 1663. Mr. DODD submitted an amend- was ordered to lie on the table. (5) Many employers are curtailing health ment intended to be proposed by him to the SA 1682. Mr. CONRAD (for himself, Mr. benefits and shifting costs to their employees, which may result in retired members of bill S. 1390, supra; which was ordered to lie ENZI, Mr. HATCH, Mr. TESTER, Mr. BENNETT, the Armed Forces returning to the Depart- on the table. Mr. BAUCUS, Mr. BARRASSO, and Mr. DORGAN) SA 1664. Mr. CASEY submitted an amend- submitted an amendment intended to be pro- ment of Defense, and its TRICARE program, ment intended to be proposed by him to the posed by him to the bill S. 1390, supra; which for health care benefits during retirement, bill S. 1390, supra; which was ordered to lie was ordered to lie on the table. and contribute to health care cost growth. on the table. SA 1683. Mr. THUNE submitted an amend- (6) Defense health costs also expand as a SA 1665. Mr. CASEY submitted an amendment intended to be proposed by him to the result of service-unique military readiness ment intended to be proposed by him to the bill S. 1390, supra; which was ordered to lie requirements, wartime requirements, and bill S. 1390, supra; which was ordered to lie on the table. other necessary requirements that represent on the table. SA 1684. Mr. THUNE submitted an amend- the ‘‘cost of business’’ for the Department of SA 1666. Mr. CASEY submitted an amendment intended to be proposed by him to the Defense. ment intended to be proposed by him to the bill S. 1390, supra; which was ordered to lie (7) While the Department of Defense has bill S. 1390, supra; which was ordered to lie on the table. made some efforts to contain increases in on the table. SA 1685. Mr. ENSIGN submitted an amend- the cost of the TRICARE program, too many SA 1667. Mr. CASEY submitted an amendment intended to be proposed by him to the of those efforts have been devoted to shifting ment intended to be proposed by him to the bill S. 1390, supra; which was ordered to lie a larger share of the costs of benefits under bill S. 1390, supra; which was ordered to lie on the table. that program to retired members of the on the table. SA 1686. Mr. SANDERS submitted an Armed Forces who have earned health care SA 1668. Mr. GREGG submitted an amend- amendment intended to be proposed by him benefits in return for a career of military ment intended to be proposed by him to the to the bill S. 1390, supra; which was ordered service. bill S. 1390, supra; which was ordered to lie to lie on the table. (8) In some cases health care providers on the table. refuse to accept TRICARE patients because SA 1669. Mrs. BOXER (for herself, Mr. SA 1687. Mr. MENENDEZ (for himself and Mr. CORKER) submitted an amendment in- that program pays less than other public and BOND, Ms. LANDRIEU, Ms. MURKOWSKI, Mrs. tended to be proposed by him to the bill S. private payors and imposes unique adminis- LINCOLN, Mrs. GILLIBRAND, Mr. WYDEN, Mr. 1390, supra; which was ordered to lie on the trative requirements. BURRIS, and Mr. SCHUMER) submitted an (9) The Department of Defense records de- amendment intended to be proposed by her table. posits to the Department of Defense Military to the bill S. 1390, supra; which was ordered SA 1688. Ms. SNOWE submitted an amend- Retiree Health Care Fund as discretionary to lie on the table. ment intended to be proposed by her to the SA 1670. Mr. MENENDEZ submitted an bill S. 1390, supra; which was ordered to lie costs to the Department in spite of legisla- amendment intended to be proposed by him on the table. tion enacted in 2006 that requires such depos- to the bill S. 1390, supra; which was ordered SA 1689. Mrs. MURRAY submitted an its to be made directly from the Treasury of to lie on the table. amendment intended to be proposed by her the United States. SA 1671. Mr. KYL (for himself, Mr. DEMINT, to the bill S. 1390, supra; which was ordered (10) As a result, annual payments for the Mr. INHOFE, and Mr. VITTER) submitted an to lie on the table. future costs of servicemember health care amendment intended to be proposed by him f continue to compete with other readiness needs of the Armed Forces. to the bill S. 1390, supra; which was ordered TEXT OF AMENDMENTS to lie on the table. (b) SENSE OF SENATE.—It is the sense of the SA 1672. Mr. KYL submitted an amend- Senate that— ment intended to be proposed by him to the SA 1647. Mr. LAUTENBERG sub- (1) the Department of Defense and the Na- tion have an obligation to provide health bill S. 1390, supra; which was ordered to lie mitted an amendment intended to be on the table. care benefits to retired members of the SA 1673. Mr. KYL submitted an amend- proposed by him to the bill S. 1390, to Armed Forces that equals the quality of ment intended to be proposed by him to the authorize appropriations for fiscal year their selfless service to our country; bill S. 1390, supra; which was ordered to lie 2010 for military activities of the De- (2) past proposals by the Department of De- on the table. partment of Defense, for military con- fense to impose substantial fee increases

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.070 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7795 on military beneficiaries have failed to ac- provide the maximum practicable public ac- ed by section 1031(a), is further amended by knowledge properly the findings addressed in cess to the Memorial without interfering adding at the end the following new section: subsection (a); and with military needs’’. (3) the Department of Defense has many (b) SENSE OF CONGRESS ON REMEDIATION ‘‘§ 948e. Trial by military commission of alien additional options to constrain the growth of AND REPAIR OF PORT CHICAGO NAVAL MAGA- unprivileged belligerents for violations of health care spending in ways that do not dis- ZINE NATIONAL MEMORIAL.— the law of war (1) REMEDIATION.—It is the sense of Con- advantage retired members of the Armed ‘‘(a) SENSE OF CONGRESS.—It is the sense of Forces who participate or seek to participate gress that, to facilitate the transfer of ad- Congress that the preferred forum for the in the TRICARE program, and should pursue ministrative jurisdiction described in sub- trial of alien unprivileged enemy belliger- any and all such options rather than seeking section (d) of section 203 of the Port Chicago ents subject to this chapter for violations of large increases for enrollment fees, National Memorial Act of 1992 (16 U.S.C. 431 the law of war and other offenses made pun- deductibles, and copayments for such retir- note; Public Law 102–562; 106 Stat. 4235)(as ishable by this chapter is trial by military ees, and their families or survivors, who do added by subsection (a)), the Secretary of commission under this chapter. participate in that program. Defense should promptly remediate any remaining environmental contamination relat- ‘‘(b) REPORTING REQUIREMENT.—For any alien unprivileged enemy belligerent subject SA 1648. Mrs. BOXER (for herself and ing to the land. (2) REPAIR.—It is the sense of Congress to this chapter whom the United States Gov- Mrs. FEINSTEIN) submitted an amend- that, in order to preserve the Port Chicago ernment decides to try in Federal district ment intended to be proposed by her to Naval Magazine National Memorial for fu- court rather than by military commission the bill S. 1390, to authorize appropria- ture generations, the Secretary of Defense under this chapter, the Secretary of Defense tions for fiscal year 2010 for military and the Secretary of the Interior should and the Attorney General shall report to activities of the Department of De- work together to— Congress, not later than 30 days after such fense, for military construction, and (A) repair storm damage to the Port Chi- decision is made, on— for defense activities of the Depart- cago Naval Magazine National Memorial; ‘‘(1) the criteria used to decide to try such ment of Energy, to prescribe military and individual in Federal district court rather (B) develop a process by which future re- than by military commission; personnel strengths for such fiscal pairs and necessary modifications to the Me- year, and for other purposes; which was morial can be achieved in as timely and cost- ‘‘(2) an estimate of the total costs to the ordered to lie on the table; as follows: effective a manner as possible. United States Government, including costs borne by the judicial branch, attributable to At the appropriate place, insert the fol- (c) EFFECT.—Nothing in this section or the trying such individual in Federal district lowing: amendments made by this section affects or court; and SEC. ll. PORT CHICAGO NAVAL MAGAZINE NA- limits the application of, or obligation to TIONAL MEMORIAL. comply with, any environmental law, includ- ‘‘(3) any other information that the Sec- (a) IN GENERAL.—Section 203 of the Port ing section 120(h) of the Comprehensive En- retary of Defense and the Attorney General Chicago National Memorial Act of 1992 (16 vironmental Response, Compensation, and consider appropriate.’’. Liability Act of 1980 (42 U.S.C. 9620(h)). U.S.C. 431 note; Public Law 102–562; 106 Stat. (b) CLERICAL AMENDMENT.—The table of 4235) is amended— SA 1649. Ms. COLLINS (for herself sections of the beginning of such subchapter, (1) by redesignating subsection (c) as sub- as amended by section 1031(a), is further section (f); and Mr. COBURN) submitted an amend- amended by adding after the item relating to (2) by inserting after subsection (b) the fol- ment intended to be proposed by her to section 948d the following new item: lowing: the bill S. 1390, to authorize appropria- ‘‘948e. Trial by military commission of ‘‘(c) ADMINISTRATION.— tions for fiscal year 2010 for military alien unprivileged belligerents for vio- ‘‘(1) IN GENERAL.—The Secretary of the In- activities of the Department of De- lations of the law of war.’’. terior shall administer the Port Chicago fense, for military construction, and Naval Magazine National Memorial as a unit for defense activities of the Depart- of the National Park System in accordance SA 1651. Mr. FEINGOLD (for himself, with— ment of Energy, to prescribe military Ms. MURKOWSKI, Mrs. LINCOLN, and Mr. ‘‘(A) this Act; and personnel strengths for such fiscal ‘‘(B) the laws generally applicable to units year, and for other purposes; which was BURRIS) submitted an amendment in- of the National Park System, including— ordered to lie on the table; as follows: tended to be proposed by him to the ‘‘(i) the National Park Service Organic Act Strike section 832 and insert the following: bill S. 1390, to authorize appropriations (16 U.S.C. 1 et seq.); and SEC. 832. SMALL ARMS PRODUCTION INDUSTRIAL for fiscal year 2010 for military activi- ‘‘(ii) the Act of August 21, 1935 (16 U.S.C. BASE. ties of the Department of Defense, for 461 et seq.). Section 2473 of title 10, United States Code, military construction, and for defense ‘‘(2) ADMINISTERED LAND.—The land de- is amended— activities of the Department of Energy, scribed in subsection (d)(2) shall be adminis- (1) by striking subsection (c) and inserting to prescribe military personnel tered in accordance with this subsection. the following new subsection (c): ‘‘(d) TRANSFER OF LAND.— ‘‘(c) SMALL ARMS PRODUCTION INDUSTRIAL strengths for such fiscal year, and for ‘‘(1) IN GENERAL.—The Secretary of Defense BASE.—In this section, the term ‘small arms other purposes; which was ordered to shall enter into a memorandum of under- production industrial base’ means the per- lie on the table; as follows: standing with the Secretary of the Interior sons and organizations that are engaged in At the end of subtitle D of title VI, add the providing for the transfer, without reim- the production or maintenance of small arms following: bursement, of administrative jurisdiction to within the United States.’’; and the Secretary of the Interior of the land de- (2) in subsection (d), by adding at the end SEC. 652. CONTINUATION ON ACTIVE DUTY OF scribed in paragraph (2), if the Secretary of the following new paragraph: RESERVE COMPONENT MEMBERS Defense determines that the land is in excess ‘‘(6) Pistols.’’. DURING PHYSICAL EVALUATION of military needs. BOARD PROCESS. ‘‘(2) DESCRIPTION OF LAND.—The land re- SA 1650. Mr. LIEBERMAN (for him- Section 1218 of title 10, United States Code, ferred to in paragraph (1) is the parcel of ap- self and Mr. GRAHAM) submitted an is amended by adding at the end the fol- proximately 5 acres of land, as depicted on amendment intended to be proposed by lowing new subsections: the map entitled ‘Port Chicago Naval Maga- him to the bill S. 1390, to authorize ap- ‘‘(d)(1) The Secretary of a military depart- zine National Memorial, Proposed Bound- propriations for fiscal year 2010 for ment shall give a member of a reserve com- ary’, numbered 018/80,001, and dated August military activities of the Department ponent under the jurisdiction of the Sec- 2005. of Defense, for military construction, retary who is being evaluated by a physical ‘‘(e) AGREEMENT WITH CITY OF CONCORD AND and for defense activities of the De- evaluation board for separation or retire- EAST BAY REGIONAL PARK DISTRICT.—The ment for disability, incurred in the perform- Secretary of the Interior may enter into an partment of Energy, to prescribe military personnel strengths for such fiscal ance of military duties under this chapter or agreement with the City of Concord, Cali- for placement on the temporary disability fornia, and the East Bay Regional Park Dis- year, and for other purposes; which was retired list or inactive status list under this trict to establish and operate a facility for ordered to lie on the table; as follows: chapter the option to remain on active duty visitor orientation and parking, administra- On page 394, between lines 8 and 9, insert during the physical evaluation board process tive offices, and curatorial storage for the the following: until such time as the member— Port Chicago Naval Magazine National Me- SEC. 1032. TRIAL BY MILITARY COMMISSION OF morial.’’; and ‘‘(A) is cleared by the board for continu- ALIEN UNPRIVILEGED BELLIGER- ation of active duty; or (3) in subsection (f), (as redesignated by ENTS FOR VIOLATIONS OF THE LAW paragraph (1)), by striking ‘‘Secretary of the OF WAR. ‘‘(B) is separated, retired, or placed on the Navy to provide public access to the Memo- (a) IN GENERAL.—Subchapter I of chapter temporary disability retired list or inactive rial’’ and inserting ‘‘Secretary of Defense to 47A of title 10, United States Code, as amend- status list.

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.074 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7796 CONGRESSIONAL RECORD — SENATE July 21, 2009 ‘‘(2) A member may change the election ‘‘1218a. Discharge or release from active been shifting in China’s favor since 2000, under paragraph (1) at any point during the duty: transition assistance.’’. marked by the sustained deployment of ad- physical evaluation board process and be re- vanced military equipment to the Chinese leased from active duty. SA 1652. Mr. INHOFE submitted an military regions opposite Taiwan. ‘‘(3) The requirements in paragraph (1) (2) Although the DoD’s 2002 Report con- amendment intended to be proposed by cluded that Taiwan ‘‘has enjoyed dominance shall expire on the date that is five years him to the bill S. 1390, to authorize ap- after the date of the enactment of the Na- of the airspace over the Taiwan Strait for tional Defense Authorization Act for Fiscal propriations for fiscal year 2010 for many years,’’ the DoD’s 2009 Report states Year 2010. military activities of the Department this conclusion no longer holds true. ‘‘(e) A member contemplating the exercise of Defense, for military construction, (3) China has based 490 combat aircraft (330 of an option under subsection (d) may exer- and for defense activities of the De- fighters and 160 bombers) within unrefueled cise such option only after being afforded an partment of Energy, to prescribe mili- operational range of Taiwan, and has the air- field capacity to expand that number by hun- opportunity to consult with a member of the tary personnel strengths for such fiscal applicable judge advocate general’s corps.’’. dreds. In contrast, Taiwan has 390 combat year, and for other purposes; which was aircraft (all of which are fighters). SEC. 653. ENCOURAGEMENT OF USE OF LOCAL ordered to lie on the table; as follows: (4) Also according to the DoD’s 2009 Report, RESIDENCES FOR CERTAIN RE- China has continued its build-up of conven- SERVE COMPONENT MEMBERS. On page 429, between lines 8 and 9, insert the following: tional ballistic missiles since 2000, ‘‘building Section 1222 of title 10, United States Code, a nascent capacity for conventional short- is amended by adding at the end the fol- SEC. 1073. REPORT ON INTERNATIONAL MILI- TARY EDUCATION AND TRAINING range ballistic missile (SRBM) strikes lowing new subsection: PROGRAM. against Taiwan into what has become one of SSIGNMENT TO OMMUNITY ASED ‘‘(d) A C B (a) FINDINGS.—Congress makes the fol- China’s primary instruments of coercion.’’ WARRIOR TRANSITION UNITS FOR CERTAIN RE- lowing findings: At this time, China has expanded its SRBM SERVE COMPONENT MEMBERS.—(1)(A) A mem- (1) Building foreign partner capacity is a force opposite Taiwan to seven brigades with ber of a reserve component described by sub- fundamental cornerstone of the security a total of 1,050 through 1,150 missiles, and is augmenting these forces with conventional paragraph (B) may be assigned to the com- strategy of the United States. munity based warrior transition unit located medium-range ballistic missiles systems and (2) Significant progress has been made in nearest to the member’s permanent place of at least 2 land attack cruise missile variants this area over the past several years, but the residence if residing at that location is— capable of ground or air launch. Advanced United States Government must continue to fighters and bombers, combined with en- ‘‘(i) medically feasible, as determined by a increase its efforts, including improving reli- licensed military health care provider; and hanced training for nighttime and overwater ability of funding and late notifications of flights, provide China’s People’s Liberation ‘‘(ii) consistent with the needs of the school availability for the International armed forces. Army (PLA) with additional capabilities for Military Education and Training (IMET) regional strike or maritime interdiction op- ‘‘(B) A member of a reserve component de- program. erations. scribed by this subparagraph is any member (b) REPORT REQUIRED.— (5) Furthermore, the Report maintains, remaining on active duty under section (1) IN GENERAL.—Not later than 180 days ‘‘the security situation in the Taiwan Strait 1218(d) of this title during the period the after the date of the enactment of this Act, is largely a function of dynamic interactions member is on active duty under such sub- the Secretary of Defense, in coordination among Mainland China, Taiwan, and the section. with the Secretary of State, shall submit to United States. The PLA has developed and ‘‘(2) Nothing in this subsection shall be the Committees on Armed Services of the deployed military capability to coerce Tai- construed as terminating, altering, or other- Senate and House of Representatives a re- wan or attempt an invasion if necessary. wise affecting the authority of the comport on the effectiveness and efficiency of PLA improvements pose new challenges to mander of a member described in paragraph the IMET program. Taiwan’s security, which has historically (1)(B) to order the member to perform duties (2) CONTENT.—The report required under been based upon the PLA’s inability to consistent with the member’s fitness for paragraph (1) shall include the following in- project power across the 100 nautical-mile duty. formation broken out by year over the past Taiwan Strait, natural geographic advan- ‘‘(3) The Secretary concerned shall pay any 10 years: tages of island defense, Taiwan’s armed reasonable expenses of transportation, lodg- (A) Number of courses in the IMET pro- forces’ technological superiority, and the ing, and meals incurred by a member resid- gram available, accomplished, and cancelled possibility of U.S. intervention’’. ing at the member’s permanent place of resi- and an explanation therefor. (6) The Taiwan Relations Act of 1979 re- dence under this subsection in connection (B) Number of students authorized and ac- quires that, in furtherance of the principle of with travel from the member’s permanent tual attendance for each course and an ex- maintaining peace and stability in the West- place of residence to a medical facility dur- planation for the difference. ern Pacific region, the United States shall ing the period in which the member is cov- (C) The total budget and actual budget exe- make available to Taiwan such defense arti- ered by this subsection.’’. cuted for each course in the IMET program cles and defense services in such quantity ‘‘as may be necessary to enable Taiwan to SEC. 654. ASSISTANCE WITH TRANSITIONAL BEN- and an explanation for the difference. EFITS. (D) The process for selecting students for maintain a sufficient self-defense capa- the IMET program, including a timeline. bility,’’ allowing that ‘‘the President and the (a) IN GENERAL.—Chapter 61 of title 10, Congress shall determine the nature and (E) The process for distributing funding for United States Code, is amended by inserting quantity of such defense articles and services each school, including a timeline. after section 1218 the following new section: based solely upon their judgment of the (F) Lessons learned to ensure student at- ‘‘§ 1218a. Discharge or release from active needs of Taiwan . . .’’. tendance and course execution is maximized. duty: transition assistance (b) REPORT TO CONGRESS ON TAIWAN’S CUR- ‘‘The Secretary of a military department RENT AIR FORCE AND FUTURE SELF-DEFENSE SA 1653. Mr. CORNYN (for himself REQUIREMENTS.—Not later than 90 days after shall provide to a member of a reserve com- and Mr. INHOFE) submitted an amend- the date of the enactment of this Act, the ponent under the jurisdiction of the Sec- President shall submit to Congress a report, retary who is injured while on active duty in ment intended to be proposed by him in both classified and unclassified form, con- the armed forces the following before such to the bill S. 1390, to authorize appro- taining the following: member is demobilized or separated from the priations for fiscal year 2010 for mili- (1) A thorough and complete assessment of armed forces: tary activities of the Department of the current state of Taiwan’s Air Force, in- ‘‘(1) Information on the availability of care Defense, for military construction, and cluding— and administrative processing through com- for defense activities of the Depart- (A) the number and type of aircraft; munity based warrior transition units. ment of Energy, to prescribe military (B) the age of aircraft; and ‘‘(2) The location of the community based personnel strengths for such fiscal (C) the capability of those aircraft. warrior transition unit located nearest to year, and for other purposes; which was (2) An assessment of the effectiveness of the member’s permanent place of residence. ordered to lie on the table; as follows: the aircraft in the face of a full-scale con- ‘‘(3) An opportunity to consult with a certed missile and air campaign by China, in At the end of subtitle B of title XII, add member of the applicable judge advocate which China uses its most modern surface- the following: general’s corps regarding the member’s eligi- to-air missiles currently deployed along its bility for compensation, disability, or other SEC. 1222. REPORT ON TAIWAN’S AIR FORCE. seacoast. transitional benefits.’’. (a) FINDINGS.—Congress makes the fol- (3) An analysis of the specific weapons sys- (b) CLERICAL AMENDMENT.—The table of lowing findings: tems and platforms that Taiwan would need sections at the beginning of chapter 61 of (1) According to the Department of De- to provide for it’s self-defense and maintain such title is amended by inserting after the fense’s (DoD) 2009 Annual Report on Military control of its own air space. item relating to section 1218 the following Power of the People’s Republic of China, the (4) Options for the United States to assist new item: military balance in the Taiwan Strait has Taiwan in achieving those capabilities.

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.076 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7797 (5) A 5-year plan for fulfilling the obliga- the Iraqi Security Forces, conducting tar- population, in conjunction with the growing tions of the United States under the Taiwan geted counterterrorism missions, and pro- Afghan National Army and Afghan National Relations Act to provide for Taiwan’s self- tecting our civilian and military forces with- Police, which the United States supports and defense and aid Taiwan in maintaining con- in Iraq. In accordance with this policy, trains, will increase the security of the Af- trol of its own air space. United States forces have largely withdrawn ghan population; and from Iraqi cities, but the President expects (7) although gains in the global war on ter- SA 1654. Mr. CORNYN submitted an that the transitional force, to number be- ror will not come without a cost, the Amer- amendment intended to be proposed by tween 35,000 and 50,000 United States mili- ican people and the Iraqi and Afghan people him to the bill S. 1390, to authorize ap- tary servicemembers, will remain in Iraq for share a common enemy and a common goal propriations for fiscal year 2010 for the foreseeable future. to do whatever is necessary to defeat terror- (5) President Obama articulated his emerg- military activities of the Department ists and those who support them, no matter ing plan for Afghanistan in a speech on the cost or duration. of Defense, for military construction, March 27, 2009, stating that the United and for defense activities of the De- States goal there is to ‘‘disrupt, dismantle, SA 1656. Mr. CONRAD submitted an partment of Energy, to prescribe mili- and defeat al Qaeda in Pakistan and Afghani- amendment intended to be proposed by tary personnel strengths for such fiscal stan, and to prevent their return to either him to the bill S. 1390, to authorize ap- year, and for other purposes; which was country in the future’’. To this end, the cur- propriations for fiscal year 2010 for ordered to lie on the table; as follows: rent surge strategy in Afghanistan, spear- headed by General Petraeus and General military activities of the Department At the appropriate place, insert the fol- Stanley A. McChrystal, the new commander of Defense, for military construction, lowing: of the NATO International Security Assist- and for defense activities of the De- SEC. ll. POSTHUMOUS BENEFITS FOR SUR- ance Force, is critical to providing security partment of Energy, to prescribe mili- VIVING SPOUSE. for the Afghan populace, bolstering the Af- (a) SHORT TITLE.—This section may be tary personnel strengths for such fiscal ghan security forces, and waging a successful year, and for other purposes; which was cited as the ‘‘Military Widow and Surviving campaign against Islamic extremists of al Spouse Protection Act’’. Qaeda, the Taliban, and affiliated groups. ordered to lie on the table; as follows: (b) AMENDMENT.—Section 1703(a)(1) of title (6) President Obama’s laudable goals of dis- At the end of subtitle D of title VI, add the XVII of the National Defense Authorization rupting terrorist networks in Afghanistan following: Act for Fiscal Year 2004 ( Public Law 108–136) and Pakistan and developing increasingly is amended by inserting ‘‘or the citizen died SEC. 652. REPORT ON RECRUITMENT AND RETEN- self-reliant Afghan security forces neces- TION OF MEMBERS OF THE AIR while serving honorably in an active duty sitated the surge of 17,000 additional United FORCE IN NUCLEAR CAREER status in the military, air, or naval forces of States troops to increase the overall size of FIELDS. the United States and such death occurred the NATO-led International Security Assist- (a) REPORT REQUIRED.—Not later than 180 through no fault of the citizen,’’ after ‘‘ag- ance Force. These more robust forces, focus- days after the date of the enactment of this gravated by combat,’’. ing in the south and east portions of the Act, the Secretary of the Air Force shall country, will have an enhanced ability to submit to the congressional defense commit- SA 1655. Mr. CORNYN (for himself, protect the Afghan population against a re- tees a report on the efforts of the Air Force Mr. INHOFE, and Mr. KYL) submitted an surgence of al Qaeda, the Taliban, and their to attract and retain qualified individuals amendment intended to be proposed by allies, as well as to provide greater ability for service as members of the Air Force in- him to the bill S. 1390, to authorize ap- for the Afghan government to establish ef- volved in the operation, maintenance, han- propriations for fiscal year 2010 for fective government control. dling, and security of nuclear weapons. military activities of the Department (b) SENSE OF THE SENATE.—It is the sense (b) ELEMENTS.—The report required by sub- of the Senate that— section (a) shall include the following: of Defense, for military construction, (1) the global war on terror represents a and for defense activities of the De- (1) A description of current reenlistment critical effort to protect the American peo- rates, set forth by Air Force Specialty Code, partment of Energy, to prescribe mili- ple and ensure that future generations may of members of the Air Force serving in posi- tary personnel strengths for such fiscal continue to enjoy the precious freedoms we tions involving the operation, maintenance, year, and for other purposes; which was have today; handling, and security of nuclear weapons. (2) the United States must remain com- ordered to lie on the table; as follows: (2) A description of the current personnel mitted to succeeding in the global war on fill rate for Air Force units involved in the At the end of subtitle C of title XII, add terror and fighting the forces of Islamic ex- operation, maintenance, handling, and secu- the following: tremism in Iraq and Afghanistan, including rity of nuclear weapons. SEC. 1232. SENSE OF THE SENATE REGARDING al Qaeda, the Taliban, and other groups, that (3) An description of the steps the Air COMMITMENT TO GLOBAL WAR ON are intent on the murder of innocent Ameri- Force has taken, including the use of reten- TERROR. cans, the destruction of the American way of tion bonuses or assignment incentive pay, to (a) FINDINGS.—The Senate makes the fol- life, and the global proliferation of radical improve recruiting and retention of officers lowing findings: and violent ideology; and enlisted personnel by the Air Force for (1) The surge strategy executed in Iraq by (3) our military servicemembers and civil- the positions described in paragraph (1). General David H. Petraeus and General Ray- ian United States personnel serving in (4) An assessment of the feasibility, advis- mond T. Odierno in 2007 and 2008 was highly harm’s way in Iraq, Afghanistan, and other ability, utility, and cost effectiveness of es- successful in reducing levels of violence and fronts in the global war on terror must be tablishing additional bonuses or incentive enabling the Iraqi government and security given any and all resources they need to ac- pay as a way to enhance the recruitment and forces to gain credibility and capability. complish the missions that have been asked retention by the Air Force of skilled per- (2) President Obama articulated his gen- of them, including the deployment of addi- sonnel in the positions described in para- eral strategy for Iraq during a speech at tional forces, should United States com- graph (1). Camp Lejeune, North Carolina, on February manders on the ground deem that necessary; 27, 2009, stating that a central goal is to en- (4) in Iraq, the hard-earned security gains (5) An assessment of whether assignment sure that Iraq ‘‘is sovereign, stable, and self- won by our servicemembers must be pre- incentive pay should be provided for mem- reliant’’. During the speech, the President served, and the long-term United States bers of the Air Force covered by the Per- outlined the President’s objective to ‘‘transi- strategy there must continue to reflect that sonnel Reliability Program. tion to full Iraqi responsibility’’ through the essential goal; (6) An assessment of the long-term commu- ‘‘responsible removal of our combat brigades (5) the President’s plan for Iraq is fun- nity management plan for recruitment and from Iraq’’. damentally sound and represents a respon- retention by the Air Force of skilled per- (3) As part of the President’s Iraq strategy, sible and carefully considered strategy that sonnel in the positions described in para- the President also indicated the President’s will help Iraq maintain sovereignty, sta- graph (1). commitment to ensuring that ‘‘we preserve bility, and self-reliance, achievements that (7) Such other matters as the Secretary the gains we’ve made and protect our were made possible largely through the ex- considers appropriate. troops’’. Consequently, the United States traordinary efforts and tremendous sac- and our allies have a continued interest in rifices of United States servicemembers and SA 1657. Mr. SESSIONS submitted an maintaining these hard-fought security civilian personnel in Iraq; amendment intended to be proposed by gains, especially during the upcoming Iraqi (6) the President’s plan for Afghanistan is him to the bill S. 1390, to authorize ap- provincial elections, while simultaneously clearly intended to improve the overall secu- propriations for fiscal year 2010 for protecting the United States military and ci- rity situation there and enable the eventual military activities of the Department vilian members still in Iraq. drawdown and withdrawal of United States (4) A key component of the President’s forces, and the President’s near-term strat- of Defense, for military construction, plan for Iraq is to retain a transitional force egy to surge forces and provide improved se- and for the defense activities of the De- there to carry out several distinct functions, curity to the Afghan people by locating partment of Energy, to prescribe mili- including training, equipping, and advising United States military personnel among the tary personnel strengths for such fiscal

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.080 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7798 CONGRESSIONAL RECORD — SENATE July 21, 2009 year, and for other purposes; which was (4) The funding allocated to such assist- of the Washington Metropolitan Area Tran- ordered to lie on the table; as follows: ance. sit Regulation Compact. (b) AMENDMENTS.—The amendments re- At the appropriate place, insert the fol- (5) The remaining costs of child care to ferred to in subsection (a) are substantially lowing: families of such members that are not covered by the Department of Defense. as follows: SEC. ll. NO MIRANDA WARNINGS FOR AL (1) Section 5 is amended to read as follows: QAEDA TERRORISTS. (6) Any barriers to access to such assistance faced by such members and the families ‘‘(a) The Authority shall be governed by a (a) DEFINITIONS.—In this section— Board of eight Directors consisting of two (1) the term ‘‘foreign national’’ means an of such members. (7) The different criteria used by different Directors for each Signatory and two for the individual who is not a citizen or national of federal government (one of whom shall be a the United States; and States with respect to the regulation of child care services and the potential impact dif- regular passenger and customer of the bus or (2) the term ‘‘prisoner of war’’— rail service of the Authority). For Virginia, (A) has the same meaning that term has ferences in such criteria may have on the access of such members to such assistance. the Directors shall be appointed by the under the law of war; and Northern Virginia Transportation Commis- (8) The different standards and criteria (B) includes a privileged belligerent and an sion; for the District of Columbia, by the used by different programs of the Depart- unprivileged enemy belligerent, as those Council of the District of Columbia; for ment of Defense for providing such assist- terms are defined in section 948a of title 10, Maryland, by the Washington Suburban ance with respect to child care providers and United States Code, as amended by section Transit Commission; and for the Federal 1031 of this Act. the potential impact differences in such Government, by the Administrator of Gen- (b) NO MIRANDA WARNINGS.—Absent an standards and criteria may have on the ac- eral Services. For Virginia and Maryland, unappealable court order requiring the read- cess of such members to such assistance. the Directors shall be appointed from among ing of such statements, no agency or depart- (9) Any other matters the Comptroller the members of the appointing body, except ment of the United States shall read to a for- General determines relevant to the improve- as otherwise provided herein, and shall serve eign national who is captured or detained as ment of financial assistance for child care for a term coincident with their term on the a prisoner of war by the United States the made available by the Department of De- appointing body. A Director for a Signatory statement required by Miranda v. Arizona, fense to members of the reserve components may be removed or suspended from office 384 U.S. 436 (1966), or otherwise inform such of the Armed Forces who are deployed in only as provided by the law of the Signatory a prisoner of any rights that the prisoner connection with a contingency operation. from which he was appointed. The nonfederal may or may not have under the Constitution appointing authorities shall also appoint an of the United States or under any Federal SA 1659. Mr. SANDERS submitted an alternate for each Director. In addition, the statute, regulation, or treaty. No Federal amendment intended to be proposed by Administrator of General Services shall also statute, regulation, or treaty shall be con- him to the bill S. 1390, to authorize ap- appoint two nonvoting members who shall strued to require that a foreign national who propriations for fiscal year 2010 for serve as the alternates for the federal Direc- is captured or detained as a prisoner of war military activities of the Department tors. An alternate Director may act only in by the United States be informed of any of Defense, for military construction, the absence of the Director for whom he has rights that the prisoner may or may not been appointed an alternate, except that, in have. No statement that is made by a foreign and for defense activities of the De- the case of the District of Columbia where national who is captured or detained as a partment of Energy, to prescribe mili- only one Director and his alternate are prisoner of war by the United States may be tary personnel strengths for such fiscal present, such alternate may act on behalf of excluded from any proceeding on the basis year, and for other purposes; which was the absent Director. Each alternate, includ- that the prisoner was not informed of a right ordered to lie on the table; as follows: ing the federal nonvoting Directors, shall that the prisoner may or may not have. At the end of subtitle F of title V, add the serve at the pleasure of the appointing authority. In the event of a vacancy in the Of- SA 1658. Mr. SANDERS submitted an following: SEC. 557. INCREASE IN FINANCIAL ASSISTANCE fice of Director or alternate, it shall be filled amendment intended to be proposed by FOR CHILD CARE FOR CHILDREN OF in the same manner as an original appoint- him to the bill S. 1390, to authorize ap- DEPLOYED MEMBERS OF THE RE- ment. propriations for fiscal year 2010 for SERVE COMPONENTS OF THE ‘‘(b) Before entering upon the duties of his military activities of the Department ARMED FORCES. office each Director and alternate Director of Defense, for military construction, (a) IN GENERAL.—Not later than 90 days shall take and subscribe to the following oath (or affirmation) of office or any such and for defense activities of the De- after the date of the enactment of this Act, the Secretary of Defense shall prescribe reg- other oath or affirmation, if any, as the con- partment of Energy, to prescribe mili- ulations to increase financial assistance pro- stitution or laws of the Government he rep- tary personnel strengths for such fiscal vided under Operation: Military Child Care resents shall provide: ‘I, , hereby solemnly year, and for other purposes; which was to cover not less than 75 percent of the costs swear (or affirm) that I will support and de- ordered to lie on the table; as follows: of child care provided pursuant to Operation: fend the Constitution of the United States At the end of subtitle F of title V, add the Military Child Care. and the Constitution and laws of the state or following: (b) OPERATION: MILITARY CHILD CARE DE- political jurisdiction from which I was ap- SEC. 557. COMPTROLLER GENERAL REPORT ON FINED.—In this section, the term ‘‘Operation: pointed as a director (alternate director) of CHILD CARE ASSISTANCE FOR DE- Military Child Care’’ refers to the program of the Board of Washington Metropolitan Area PLOYED MEMBERS OF THE RESERVE the Department of Defense to provide finan- Transit Authority and will faithfully dis- COMPONENTS OF THE ARMED cial assistance for child care to members of charge the duties of the office upon which I FORCES. the reserve components of the Armed Forces am about to enter.’ ’’. (a) IN GENERAL.—Not later than 18 months who are deployed in connection with a con- (2) Subsection (a) of section 9 is amended after the date of the enactment of this Act, tingency operation. to read as follows: the Comptroller General of the United States ‘‘(a) The officers of the Authority, none of shall submit to the Committees on Armed SA 1660. Mr. CARDIN (for himself, whom shall be members of the Board, shall Services of the Senate and the House of Rep- Ms. MIKULSKI, Mr. WEBB, and Mr. WAR- consist of a general manager, a secretary, a resentative a report on financial assistance NER) submitted an amendment in- treasurer, a comptroller, an inspector gen- for child care provided by the Department of tended to be proposed by him to the eral, and a general counsel and such other of- Defense, including through the Operation: ficers as the Board may provide. Except for Military Child Care and Military Child Care bill S. 1390, to authorize appropriations the office of general manager, inspector gen- in Your Neighborhood programs, to members for fiscal year 2010 for military activi- eral, and comptroller, the Board may con- of the reserve components of the Armed ties of the Department of Defense, for solidate any of such other offices in one per- Forces who are deployed in connection with military construction, and for defense son. All such officers shall be appointed and a contingency operation. activities of the Department of Energy, may be removed by the Board, shall serve at (b) ELEMENTS.—The report required by sub- to prescribe military personnel the pleasure of the Board and shall perform section (a) shall include an assessment of the strengths for such fiscal year, and for such duties and functions as the Board shall following: specify. The Board shall fix and determine (1) The types of financial assistance for other purposes; which was ordered to the compensation to be paid to all officers child care made available by the Department lie on the table; as follows: and, except for the general manager who of Defense to members of the reserve compo- At the appropriate place, insert the fol- shall be a full-time employee, all other offi- nents of the Armed Forces who are deployed lowing: cers may be hired on a full-time or part-time in connection with a contingency operation. SEC. lll. CONSENT OF CONGRESS TO COM- basis and may be compensated on a salary or (2) The extent to which such members have PACT AMENDMENTS. fee basis, as the Board may determine. All taken advantage of such assistance since (a) CONSENT.—Consent of Congress is given employees and such officers as the Board such assistance was first made available. to the amendments of the State of Maryland, may designate shall be appointed and re- (3) The formulas used for calculating the the amendments of the Commonwealth of moved by the general manager under such amount of such assistance provided to such Virginia, and the amendments of the District rules of procedure and standards as the members. of Columbia to sections 5, 9 and 18 of title III Board may determine.’’.

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.078 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7799 (3) Section 9 is further amended by insert- (2) by striking ‘‘in any fiscal year after tion payable to a member under this section ing new subsection (d) to read as follows (and such date’’ and inserting ‘‘in any fiscal year is in addition to any other pay and allow- by renumbering all subsequent paragraphs of after fiscal year 2001’’. ances payable to the member by law. section 9): ‘‘(f) BENEFIT INFORMATION.—The Secretary ‘‘(d) The inspector general shall report to SA 1662. Mr. DURBIN (for himself of Defense, in collaboration with the Sec- the Board and head the Office of the Inspec- and Mr. NELSON of Nebraska) sub- retary of Veterans Affairs, shall ensure that tor General, an independent and objective mitted an amendment intended to be members of the uniformed services who may unit of the Authority that conducts and su- proposed by him to the bill S. 1390, to be eligible for compensation under this sec- pervises audits, program evaluations, and in- authorize appropriations for fiscal year tion are made aware of the availability of vestigations relating to Authority activities; such compensation by including information promotes economy, efficiency, and effective- 2010 for military activities of the De- about such compensation in written and on- ness in Authority activities; detects and pre- partment of Defense, for military con- line materials for such members and their vents fraud and abuse in Authority activi- struction, and for the defense activities families. ties; and keeps the Board fully and currently of the Department of Energy, to pre- ‘‘(g) REGULATIONS.—The Secretary of De- informed about deficiencies in Authority ac- scribe military personnel strengths for fense (or the Secretary of Homeland Secu- tivities as well as the necessity for and such fiscal year, and for other pur- rity, with respect to the Coast Guard) shall progress of corrective action.’’. poses; which was ordered to lie on the prescribe regulations to carry out this sec- (4) Section 18 is amended by adding a new table; as follows: tion.’’. section 18(d) to read as follows: (b) REPORT TO CONGRESS.— ‘‘(d)(1) All payments made by the local Sig- Strike section 617 and insert the following: (1) IN GENERAL.—Not later than one year natory governments for the Authority for SEC. 617. SPECIAL COMPENSATION FOR MEM- after the date of the enactment of this Act, the purpose of matching federal funds appro- BERS OF THE UNIFORMED SERVICES the Secretary of Defense (and the Secretary priated in any given year as authorized WITH SERIOUS INJURIES OR ILL- of Homeland Security, with respect to the NESSES REQUIRING ASSISTANCE IN under title VI, section 601, Public Law 110– EVERYDAY LIVING. Coast Guard) shall submit to Congress a re- 432 regarding funding of capital and prevent- (a) IN GENERAL.—Chapter 7 of title 37, port on the provision of compensation under ative maintenance projects of 1 the Author- United States Code, is amended by adding at section 439 of title 37, United States Code, as ity shall be made from amounts derived from the end the following new section: added by subsection (a) of this section. dedicated funding sources. (2) ELEMENTS.—The report required by ‘‘§ 439. Special compensation: members of the ‘‘(2) For the purposes of this paragraph (d), paragraph (1) shall include the following: uniformed services with serious injuries or a ‘dedicated funding source’ means any (A) An estimate of the number of members illnesses requiring assistance in everyday source of funding that is earmarked or re- of the uniformed services eligible for com- living quired under State or local law to be used to pensation under such section 439. match Federal appropriations authorized ‘‘(a) MONTHLY COMPENSATION.—The Sec- (B) The number of members of the uni- under title VI, section 601, Public Law 110– retary concerned may pay to any member of formed services receiving compensation 432 for payments to the Authority.’’. the uniformed services described in sub- under such section. (c) RIGHT TO ALTER, AMEND, OR REPEAL.— section (b) monthly special compensation in (C) The average amount of compensation The right to alter, amend, or repeal this sec- an amount determined under subsection (c). provided to members of the uniformed serv- tion is expressly reserved. The consent ‘‘(b) COVERED MEMBERS.—A member eligi- ices receiving such compensation. granted by this section shall not be con- ble for monthly special compensation au- (D) The average amount of time required strued as impairing or in any manner affect- thorized by subsection (a) is a member who— for a member of the uniformed services to re- ing any right or jurisdiction of the United ‘‘(1) has been certified by a licensed physi- ceive such compensation after the member States in and over the region that forms the cian to be in need of assistance from another becomes eligible for the compensation. subject of the compact. person to perform the personal functions re- (E) A summary of the types of injuries, dis- (d) CONSTRUCTION AND SEVERABILITY.—It is quired in everyday living; orders, and diseases of members of the uni- intended that the provisions of this compact ‘‘(2) has a serious injury, disorder, or dis- formed services receiving such compensation shall be reasonably and liberally construed ease of either a temporary or permanent na- that made such members eligible for such to effectuate the purposes thereof. If any ture that— compensation. part or application of this compact, or legis- ‘‘(A) is incurred or aggravated in the line (c) CLERICAL AMENDMENT.—The table of lation enabling the compact, is held invalid, of duty; and sections at the beginning of chapter 7 of such the remainder of the compact or its applica- ‘‘(B) compromises the member’s ability to title is amended by adding at the end the fol- tion to other situations or persons shall not carry out one or more activities of daily liv- lowing new item: be affected. ing or requires the member to be constantly ‘‘439. Special compensation: members of the (e) INCONSISTENCY OF LANGUAGE.—The va- supervised to avoid physical harm to the lidity of this compact shall not be affected member or to others; and uniformed services with serious by any insubstantial differences in its form ‘‘(3) meets such other criteria, if any, as injuries or illnesses requiring or language as adopted by the State of Mary- the Secretary of Defense (or the Secretary of assistance in everyday living.’’. land, Commonwealth of Virginia and District Homeland Security, with respect to the of Columbia. Coast Guard) prescribes for purposes of this SA 1663. Mr. DODD submitted an (f) EFFECTIVE DATE.—This section shall section. amendment intended to be proposed by take effect on the date of enactment of this ‘‘(c) AMOUNT.—(1) The amount of monthly him to the bill S. 1390, to authorize ap- Act. special compensation payable to a member propriations for fiscal year 2010 for under subsection (a) shall be determined military activities of the Department Mr. KERRY (for himself and SA 1661. under criteria prescribed by the Secretary of of Defense, for military construction, Mr. CHAMBLISS) submitted an amend- Defense (or the Secretary of Homeland Secu- and for the defense activities of the De- ment intended to be proposed by him rity, with respect to the Coast Guard), but partment of Energy, to prescribe mili- to the bill S. 1390, to authorize appro- may not exceed the amount of aid and at- tary personnel strengths for such fiscal priations for fiscal year 2010 for mili- tendance allowance authorized by section year, and for other purposes; which was tary activities of the Department of 1114(r)(2) of title 38 for veterans in need of ordered to lie on the table; as follows: Defense, for military construction, and aid and attendance. ‘‘(2) In determining the amount of monthly for the defense activities of the Depart- At the end of subtitle B of title VI, add the special compensation, the Secretary con- following: ment of Energy, to prescribe military cerned shall consider the following: SEC. 619. MONTHLY SPECIAL PAY FOR MEMBERS personnel strengths for such fiscal ‘‘(A) The extent to which home health care RETAINED IN THE ARMED FORCES year, and for other purposes; which was and related services are being provided by UNDER STOP-LOSS AUTHORITIES ordered to lie on the table; as follows: the Government. FOR PRE-DEPLOYMENT AND RE-IN- TEGRATION DUTY. At the end of subtitle D of title VI, add the ‘‘(B) The extent to which aid and attend- following: ance services are being provided by family (a) MONTHLY SPECIAL PAY REQUIRED.—The Secretary concerned shall pay to each mem- SEC. 652. INCLUSION OF SERVICE AFTER SEP- and friends who may be compensated with TEMBER 11, 2001, IN DETERMINA- funds provided through the monthly special ber of the Armed Forces described in sub- TION OF REDUCED ELIGIBILITY AGE compensation. section (b) monthly special pay in the FOR RECEIPT OF NON-REGULAR ‘‘(d) PAYMENT UNTIL MEDICAL RETIRE- amount specified in subsection (c) for each SERVICE RETIRED PAY. MENT.—Monthly special compensation is month or portion of a month of pre-deploy- Section 12731(f)(2)(A) of title 10, United payable under this section to a member de- ment and re-integration duty performed by States Code, is amended— scribed in subsection (b) for any month that such member on or after September 11, 2001, (1) by striking ‘‘the date of the enactment begins before the date on which the member while described by subsection (b), regardless of the National Defense Authorization Act is medically retired. of whether or not such duty was performed for Fiscal Year 2008’’ and inserting ‘‘Sep- ‘‘(e) CONSTRUCTION WITH OTHER PAY AND by such member on active duty in the Armed tember 11, 2001’’; and ALLOWANCES.—Monthly special compensa- Forces.

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(b) COVERED MEMBERS.—A member of the (1) Programs to assist members of the Na- gressional defense committees a report on Armed Forces described in this subsection is tional Guard described in subsection (a) in the availability of personnel described under any member of the Armed Forces whose en- case management in the receipt of non-clin- subparagraph (A) to perform assessments listment or period of obligated service is ex- ical care for an illness or injury described in pursuant to this subsection at the home sta- tended, or whose eligibility for retirement is that subsection. tions or counties of residence of members of suspended, pursuant to section 123 or 12305 of (2) Programs to advise members of the Na- the reserve components of the Armed Forces. title 10, United States Code, or any other tional Guard described in subsection (a) on If such personnel are not available at such provision of law authorizing the President to the receipt of care and treatment for an ill- locations, the Secretary shall indicate the extend an enlistment or period of obligated ness or injury described in that subsection additional resources necessary to ensure service, or suspend an eligibility for retire- under the TRICARE program. such availability within one year after the ment, of a member of the uniformed services (3) Programs of psychological health treat- date of the enactment of this Act. in time of war or of national emergency de- ment for members of the National Guard declared by Congress or the President (com- scribed in subsection (a) for an illness or in- SA 1667. Mr. CASEY submitted an monly referred to as a ‘‘stop-loss author- jury described in that subsection. amendment intended to be proposed by ity’’). (4) Programs supporting the efforts of the him to the bill S. 1390, to authorize ap- (c) AMOUNT.—The amount of monthly spe- military departments to update and main- propriations for fiscal year 2010 for cial pay payable under subsection (a) for a tain military health electronic records sys- military activities of the Department month or portion of a month is $500. tems. (d) CONSTRUCTION WITH OTHER MONTHLY (5) Such other treatment programs as may of Defense, for military construction, SPECIAL PAY.—Monthly special pay may not assist a member of the National Guard de- and for the defense activities of the De- be paid under both this section and section scribed in subsection (a) for an illness or in- partment of Energy, to prescribe mili- 8116 of the Department of Defense Appropria- jury described in that subsection, as deter- tary personnel strengths for such fiscal tions Act, 2009 (division C of Public Law 110– mined by the State Surgeon General of the year, and for other purposes; which was 329; 122 Stat. 3646) for any month or portion National Guard of the State in which the ordered to lie on the table; as follows: of a month. member reside, the Director of Psychological On page 214, line 12, insert ‘‘18 months,’’ Health of the State in which the member re- after ‘‘12 months,’’. SA 1664. Mr. CASEY submitted an sides, the mental health or equivalent agen- amendment intended to be proposed by cy of the State in which the member resides, SA 1668. Mr. GREGG submitted an him to the bill S. 1390, to authorize ap- or the Director of the Psychological Health amendment intended to be proposed by propriations for fiscal year 2010 for Program of the National Guard Bureau. him to the bill S. 1390, to authorize ap- military activities of the Department (c) BUDGETING.—The Assistant Secretary of propriations for fiscal year 2010 for of Defense, for military construction, Defense for Health Affairs shall coordinate with the National Guard Bureau and other military activities of the Department and for the defense activities of the De- personnel and logistical elements of the Na- of Defense, for military construction, partment of Energy, to prescribe mili- tional Guard in determining the budget re- and for the defense activities of the De- tary personnel strengths for such fiscal quirements of the National Guard for the partment of Energy, to prescribe mili- year, and for other purposes; which was programs described in subsection (b). tary personnel strengths for such fiscal ordered to lie on the table; as follows: SA 1666. Mr. CASEY submitted an year, and for other purposes; which was On page 214, between lines 20 and 21, insert ordered to lie on the table; as follows: the following: amendment intended to be proposed by (3) ASSESSMENTS OF MEMBERS DISCHARGED him to the bill S. 1390, to authorize ap- On page 475, between lines 2 and 3, insert OR RELEASED UPON RETURN FROM DEPLOY- propriations for fiscal year 2010 for the following: MENT.—In the case of a member of the Armed military activities of the Department SEC. 1211. AUTHORITY TO TRANSFER DEFENSE Forces who is discharged or released from of Defense, for military construction, ARTICLES AND EQUIPMENT TO the Armed Forces upon the member’s return ARMED FORCES OF LEBANON AND and for the defense activities of the De- JORDAN. from deployment, the Secretary of Defense shall make available the opportunity for partment of Energy, to prescribe mili- Notwithstanding any other provision of such member to participate in the mental tary personnel strengths for such fiscal law, the Secretary of Defense, in consulta- health assessments required under subpara- year, and for other purposes; which was tion with the congressional defense commit- graph (C) of paragraph (1) together with the ordered to lie on the table; as follows: tees, may transfer defense articles and equipment used by the United States Armed unit with which the member was previously On page 218, after line 21, add the fol- deployed, without regard to the terms of Forces in Iraq as of the date of the enact- lowing: ment of this Act to the armed forces of the such discharge or release. (h) POST-DEPLOYMENT HEALTH ASSESS- Governments of Lebanon and Jordan in a MENTS OF GUARD AND RESERVE MEMBERS.— manner that is appropriate with the draw- SA 1665. Mr. CASEY submitted an (1) IN GENERAL.—The Secretary concerned down of forces in Iraq. amendment intended to be proposed by shall administer a Post-Deployment Health him to the bill S. 1390, to authorize ap- Assessment (PDHA) to each member of a re- SA 1669. Mrs. BOXER (for herself, Mr. propriations for fiscal year 2010 for serve component of the armed forces return- BOND, Ms. LANDRIEU, Ms. MURKOWSKI, military activities of the Department ing to the member’s home station or county Mrs. LINCOLN, Mrs. GILLIBRAND, Mr. of Defense, for military construction, of residence from deployment in connection with a contingency operation within the fol- WYDEN, Mr. BURRIS, and Mr. SCHUMER) and for the defense activities of the De- lowing timeframes: submitted an amendment intended to partment of Energy, to prescribe mili- (A) In the case of a member of the Indi- be proposed by her to the bill S. 1390, to tary personnel strengths for such fiscal vidual Ready Reserve, the assessment shall authorize appropriations for fiscal year year, and for other purposes; which was be administered by not later than the mem- 2010 for military activities of the De- ordered to lie on the table; as follows: ber’s release from active duty following such partment of Defense, for military con- At the appropriate place in title VII, insert deployment or 10 days after the member’s return to such station or county, whichever oc- struction, and for the defense activities the following: of the Department of Energy, to pre- SEC. ll. FUNDING FOR MENTAL HEALTH CARE curs earlier. FOR MEMBERS OF THE NATIONAL (B) In the case of any other member of a scribe military personnel strengths for GUARD. reserve component of the armed forces re- such fiscal year, and for other pur- (a) AVAILABILITY OF DEFENSE HEALTH PRO- turning from deployment, by not later than poses; which was ordered to lie on the GRAM FUNDS.—Subject to the provisions of the member’s release from active duty fol- table; as follows: lowing such deployment. appropriations Acts, amounts available for At the end of subtitle B of title VII, insert (2) PERFORMANCE BY TRAINED PRACTI- Defense Health Program shall be available the following: for programs described in subsection (b) for TIONERS.— SEC. 713. REDUCTION OF MINIMUM DISTANCE OF (A) IN GENERAL.—The Post-Deployment members of the National Guard not on active TRAVEL FOR REIMBURSEMENT OF duty in the Armed Forces who incurred a Health Assessment required under this sub- COVERED BENEFICIARIES OF THE psychological or mental illness or injury on section shall be performed by a practitioner MILITARY HEALTH CARE SYSTEM active duty in the Armed Forces as dem- trained and certified as qualified to partici- FOR TRAVEL FOR SPECIALTY onstrated by existing medical records or, in pate in the performance of Post-Deployment HEALTH CARE. the absence of such records, by the opinion Health Assessments or Post-Deployment (a) REDUCTION.—Section 1074i(a) of title 10, of a licensed medical provider in the State Health Reassessments. United States Code, is amended by striking where the member resides. (B) REPORT ON AVAILABILITY OF TRAINED ‘‘100 miles’’ and inserting ‘‘50 miles’’. (b) COVERED PROGRAMS.—The programs de- PERSONNEL.—Not later than 180 days after (b) EFFECTIVE DATE.—The amendment scribed in this subsection are programs as the date of the enactment of this Act, the made by subsection (a) shall take effect on follows: Secretary of Defense shall submit to the con- the date that is 90 days after the date of the

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.088 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7801 enactment of this Act, and shall apply with (2) The Commission also determined that SA 1673. Mr. KYL submitted an respect to referrals for specialty health care ‘‘[a]s part of its strategy to assure its allies, amendment intended to be proposed by made on or after such effective date. the United States should not abandon stra- him to the bill S. 1390, to authorize ap- (c) OFFSET.—The amount authorized to be tegic equivalency with Russia. Overall propriations for fiscal year 2010 for appropriated by section 301(a)(4) for oper- equivalence is important to many U.S. allies ation and maintenance for the Air Force is in Europe. The United States should not cede military activities of the Department hereby decreased by $25,000,000, with the to Russia a posture of superiority in the of Defense, for military construction, amount of the decrease to be derived from name of deemphasizing nuclear weapons in and for defense activities of the De- amounts available for line item # 320 in the U.S. military strategy. There seems no near- partment of Energy, to prescribe mili- table in section 4301 for advertising. term prospect of such a result in the balance tary personnel strengths for such fiscal of operationally deployed strategic nuclear year, and for other purposes; which was Mr. MENENDEZ submitted SA 1670. weapons.’’ ordered to lie on the table; as follows: an amendment intended to be proposed (3) The Commission continued, ‘‘But that On page 424, between lines 7 and 8, insert balance does not exist in non-strategic nu- by him to the bill S. 1390, to authorize the following: appropriations for fiscal year 2010 for clear forces, where Russia enjoys a sizeable numerical advantage. As noted above, it SEC. 1059. CERTIFICATION REQUIREMENT RE- military activities of the Department GARDING THE REFURBISHMENT, stores thousands of these weapons in appar- of Defense, for military construction, REUSE, OR REPLACEMENT OF THE ent support of possible military operations and for the defense activities of the De- UNITED STATES NUCLEAR WEAPONS west of the Urals. The United States deploys STOCKPILE. partment of Energy, to prescribe mili- a small fraction of that number in support of (a) IN GENERAL.—The Secretary of Defense tary personnel strengths for such fiscal nuclear sharing agreements in NATO. Pre- may not carry out any program for the refur- year, and for other purposes; which was cise numbers for the U.S. deployments are bishment, reuse, or replacement of the ordered to lie on the table; as follows: classified but their total is only about five United States nuclear weapons stockpile un- On page 435, between lines 14 and 15, insert percent of the total at the height of the Cold less the Director of the Sandia National Lab- the following: War. Strict U.S.-Russian equivalence in oratory, the Director of the Los Alamos Na- NSNF numbers is unnecessary. But the cur- SEC. 1083. PAYMENT BY SECRETARY OF VET- tional Laboratory, the Director of the Law- ERANS AFFAIRS OF PLOT ALLOW- rent imbalance is stark and worrisome to rence Livermore National Laboratory, and ANCE FOR SPOUSES AND CHILDREN some U.S. allies in Central Europe. If and as JASON certify to the congressional defense OF CERTAIN VETERANS WHO ARE reductions continue in the number of oper- committees that the program— BURIED IN STATE CEMETERIES. ationally deployed strategic nuclear weap- (1) may be carried out without the need for (a) PLOT ALLOWANCE.—Section 2303 of title ons, this imbalance will become more appar- any testing; 38, United States Code, is amended by adding ent and allies less assured.’’ (2) will preserve the core intellectual and at the end the following new subsection: (4) The Commission stated, ‘‘Some U.S. al- technical competencies of the United States ‘‘(c)(1) In the case of an individual de- lies located closer to Russia, however, are in nuclear weapons, including weapons described in paragraph (2) who is buried in a fearful of Russia and its tactical nuclear sign, system integration, manufacturing, se- cemetery that is owned by a State or by an forces. The imbalance in non-strategic nu- curity, use control, reliability assessment, agency or political subdivision of a State, clear weapons, which greatly favors Russia, and certification; and the Secretary shall pay to such State, agen- is of rising concern and an illustration of the (3) will provide for the long-term safety, cy, or political subdivision the sum of $300 as new challenges of strategic stability as re- security, reliability, and credibility of the a plot or interment allowance for such indi- ductions in strategic weapons proceed.’’ United States nuclear deterrent and ex- vidual. (5) The Commission also stated, ‘‘The com- tended deterrent. ‘‘(2) An individual described in this para- bination of new warhead designs, the esti- (b) DEFINITIONS.—In this section: graph is a spouse, surviving spouse (which mated production capability for new nuclear (1) The term ‘‘refurbishment’’ means a for purposes of this chapter includes a sur- warheads, and precision delivery systems strategy of, or similar to, the lifetime exten- viving spouse who had a subsequent remar- such as the Iskander short-range tactical sion program, whereby individual warhead riage), minor child (which for purposes of ballistic missile (known as the SS-26 in the components are replaced before they degrade this chapter includes a child under 21 years West), open up new possibilities for Russian with components of nearly identical design of age, or under 23 years of age if pursuing a efforts to threaten to use nuclear weapons to or that meet the same form, fit, and func- course of instruction at an approved edu- influence regional conflicts.’’ tion. cational institution), or, in the discretion of (b) SENSE OF THE SENATE.—The Senate (2) The term ‘‘reuse’’ means a strategy of the Secretary, unmarried adult child of any strongly urges the President— using surplus pits or secondaries from other of person described in paragraph (1), (2), (3), (1) to make it a priority in all United warhead types or, in certain cases, a strat- (4), or (7) of section 2402 of this title.’’. States arms control negotiations with Rus- egy involving the new manufacture of these FFECTIVE DATE.—Subsection (c) of sec- (b) E sia to gain a verifiable accounting of the tac- components. tion 2303 of title 38, United States Code, as tical nuclear weapons of Russia, including (3) The term ‘‘replacement’’ means a strat- added by subsection (a), shall apply with re- the types, current deployments, and security egy that permits replacing nuclear compo- spect to an individual who dies on or after from theft of the same; nents with modern designs. the date of the enactment of this Act. (2) to ensure that reductions in the tactical SA 1674. Mr. KYL submitted an SA 1671. Mr. KYL (for himself, Mr. nuclear weapons of Russia are a top priority in any arms control negotiation with the amendment intended to be proposed by DEMINT, Mr. INHOFE, and Mr. VITTER) Russian Federation; and him to the bill S. 1390, to authorize ap- submitted an amendment intended to (3) to assure United States allies that they propriations for fiscal year 2010 for be proposed by him to the bill S. 1390, are protected from any use or threatened use military activities of the Department to authorize appropriations for fiscal of tactical nuclear weapons from Russia. of Defense, for military construction, year 2010 for military activities of the and for defense activities of the De- Department of Defense, for military SA 1672. Mr. KYL submitted an partment of Energy, to prescribe mili- construction, and for the defense ac- amendment intended to be proposed by tary personnel strengths for such fiscal tivities of the Department of Energy, him to the bill S. 1390, to authorize ap- year, and for other purposes; which was to prescribe military personnel propriations for fiscal year 2010 for ordered to lie on the table; as follows: strengths for such fiscal year, and for military activities of the Department At the end of subtitle G of title X, insert other purposes; which was ordered to of Defense, for military construction, the following: lie on the table; as follows: and for defense activities of the De- SEC. 1073. REPORT ON STATUS OF UNITED At the end of title XII, add the following: partment of Energy, to prescribe mili- STATES NUCLEAR WEAPONS COM- SEC. 1232. SENSE OF THE SENATE ON NON-STRA- tary personnel strengths for such fiscal PLEX. TEGIC NUCLEAR FORCES OF THE year, and for other purposes; which was (a) FINDINGS.—Congress makes the fol- RUSSIAN FEDERATION. lowing findings: ordered to lie on the table; as follows: (a) FINDINGS.—The Senate makes the fol- (1) The Commission on the Strategic Pos- lowing findings: On page 68, between lines 12 and 13, insert ture of the United States found that ‘‘the (1) The Congressional Commission on the the following: physical infrastructure’’ of the United States Strategic Posture of the United States, (6) A description of current and past sales, nuclear weapons complex ‘‘is in serious need chaired by former Secretaries of Defense or contracts for the sale, by the Russian Fed- of transformation.’’ William Perry and James Schlesinger, re- eration of technology, materials, compo- (2) The Commission on the Strategic Pos- cently concluded that there is significant nents, or services related to nuclear weapons ture of the United States also found that asymmetry between the tactical nuclear or nuclear energy, ballistic missile or space ‘‘the intellectual infrastructure is also in se- weapons arsenals of the Russian Federation launch capabilities, or advanced conven- rious trouble. A major cause is the recent and the United States. tional weapons systems. (and projected) decline in resources.’’

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.090 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7802 CONGRESSIONAL RECORD — SENATE July 21, 2009 (3) The Commission on the Strategic Pos- SEC. 652. CONTINUATION ON ACTIVE DUTY OF SEC. 654. ASSISTANCE WITH TRANSITIONAL BEN- ture of the United States stated, ‘‘Once core RESERVE COMPONENT MEMBERS EFITS. capabilities are established, the Congress DURING PHYSICAL DISABILITY (a) IN GENERAL.—Chapter 61 of title 10, should require that annual NNSA budget EVALUATION FOLLOWING MOBILIZA- United States Code, is amended by inserting TION AND DEPLOYMENT. submissions include an assessment of wheth- after section 1218 the following new section: Section 1218 of title 10, United States Code, er the budget as proposed will maintain ‘‘§ 1218a. Discharge or release from active is amended by adding at the end the fol- these capabilities. To monitor progress, the duty: transition assistance lowing new subsection: NNSA and the White House Office of Man- ‘‘(d)(1) The Secretary of a military depart- ‘‘The Secretary of a military department agement and Budget (OMB) should establish ment shall ensure that each member of a re- shall provide to a member of a reserve com- a formal mechanism for tracking funding ponent under the jurisdiction of the Sec- sources for the weapons laboratories, with- serve component under the jurisdiction of the Secretary who is determined, after a mo- retary who is injured while on active duty in out additional administrative burden on the the armed forces the following before such bilization and deployment to an area in laboratories.’’ member is demobilized or separated from the which imminent danger pay is authorized (4) The Commission on the Strategic Pos- armed forces: under section 310 of title 37, to require eval- ture of the United States recommended, ‘‘(1) Information on the availability of care uation for a physical or mental disability ‘‘The NNSA should conduct a study of the and administrative processing through com- which could result in separation or retire- core competencies needed in the weapons munity based warrior transition units. ment for disability under this chapter or complex, and the Congress and Office of ‘‘(2) The location of the community based placement on the temporary disability re- Management and Budget should use these as warrior transition unit located nearest to tired list or inactive status list under this a tool for determining how to fund the the member’s permanent place of residence. chapter is retained on active duty during the NNSA.’’ ‘‘(3) An opportunity to consult with a disability evaluation process until such time (b) ANNUAL REPORT.—The Secretary of De- member of the applicable judge advocate as such member is— fense shall, in consultation with the direc- general’s corps, or other qualified legal as- ‘‘(A) cleared by appropriate authorities for tors of the national nuclear weapons labora- sistance attorney, regarding the member’s continuation on active duty; or tories and nuclear weapons production facili- eligibility for compensation, disability, or ‘‘(B) separated, retired, or placed on the ties and as part of the budget justification other transitional benefits.’’. temporary disability retired list or inactive materials submitted to Congress in support (b) CLERICAL AMENDMENT.—The table of of the Department of Defense budget for each status list. sections at the beginning of chapter 61 of fiscal year (as submitted with the budget of ‘‘(2)(A) A member described in paragraph such title is amended by inserting after the the President under section 1105(a) of title (1) may request termination of active duty item relating to section 1218 the following 31, United States Code), submit a report on under such paragraph at any time during the new item: the condition and status of the nuclear weap- demobilization or disability evaluation proc- ‘‘1218a. Discharge or release from active ons complex of the United States. The report ess of such member. shall include the following elements: ‘‘(B) Upon a request under subparagraph duty: transition assistance.’’. (1) An assessment of whether the budget is (A), a member described in paragraph (1) SA 1676. Mr. BEGICH (for himself, sufficient to preserve the core intellectual shall only be released from active duty after Mr. SESSIONS, and Mr. LIEBERMAN) sub- and technical competencies of the United the member receives counseling about the States in nuclear weapons, including weap- consequences of termination of active duty. mitted an amendment intended to be ons design, system integration, manufac- ‘‘(C) Each release from active duty under proposed by him to the bill S. 1390, to turing, security, use control, reliability as- subparagraph (B) shall be thoroughly docu- authorize appropriations for fiscal year sessment, and certification. mented. 2010 for military activities of the De- (2) A description of the demographics and ‘‘(3) The requirements in paragraph (1) partment of Defense, for military con- experience of the nuclear weapons work- shall expire on the date that is five years struction, and for defense activities of force, including the number of individuals after the date of the enactment of the Na- the Department of Energy, to prescribe who have ever participated in an under- tional Defense Authorization Act for Fiscal military personnel strengths for such ground nuclear test. Year 2010.’’. fiscal year, and for other purposes; (3) A plan for enabling the design labora- SEC. 653. USE OF LOCAL RESIDENCES FOR COM- tories to grow the required expertise and sus- MUNITY-BASED CARE FOR CERTAIN which was ordered to lie on the table; tain it over the long term. RESERVE COMPONENT MEMBERS. as follows: (4) An assessment of the condition and sta- Section 1222 of title 10, United States Code, On page 66, between lines 19 and 20, insert tus of the national nuclear weapons labora- is amended by adding at the end the fol- the following: tories and nuclear weapons production facili- lowing new subsection: (e) COMPTROLLER GENERAL REVIEW.—The ties. ‘‘(d) USE OF LOCAL RESIDENCES FOR CER- Comptroller General of the United States (5) A plan to provide for the long-term TAIN RESERVE COMPONENT MEMBERS.—(1)(A) shall— safety, security, reliability, and credibility A member of a reserve component described (1) review the assessment required by sub- of the United States nuclear deterrent and by subparagraph (B) may be assigned to the section (b) and the plan required by sub- extended deterrent. community-based warrior transition unit lo- section (c); and (6) An assessment of the condition and sta- cated nearest to the member’s permanent (2) not later than 120 days after receiving tus of the nuclear weapons production com- place of residence if residing at that location the assessment and the plan, provide to the plex and the ability of the complex to sus- is— congressional defense committees the results tain and modernize the nuclear deterrent. ‘‘(i) medically feasible, as determined by a of the review. (c) DEFINITIONS.—In this Act: licensed military health care provider; and (1) The term ‘‘national nuclear weapons ‘‘(ii) consistent with— SA 1677. Mr. BEGICH (for himself, laboratories’’ includes Sandia National Lab- ‘‘(I) the needs of the armed forces; and Mr. SESSIONS, and Mr. LIEBERMAN) sub- oratory, Los Alamos National Laboratory, ‘‘(II) the optimal course of medical treat- mitted an amendment intended to be and Lawrence Livermore National Labora- ment of the member. proposed by him to the bill S. 1390, to tory. ‘‘(B) A member of a reserve component de- authorize appropriations for fiscal year (2) The term ‘‘nuclear weapons production scribed by this subparagraph is any member 2010 for military activities of the De- facilities’’ means the Y-12 complex at Oak remaining on active duty under section partment of Defense, for military con- Ridge National Laboratory, the Savannah 1218(d) of this title during the period the River Site, the Pantex Plant, the Nevada member is on active duty under such sub- struction, and for defense activities of Test Site, and the Kansas City Plant. section. the Department of Energy, to prescribe ‘‘(2) Nothing in this subsection shall be military personnel strengths for such SA 1675. Mr. FEINGOLD (for himself construed as terminating, altering, or other- fiscal year, and for other purposes; and Ms. MURKOWSKI) submitted an wise affecting the authority of the com- which was ordered to lie on the table; amendment intended to be proposed by mander of a member described in paragraph as follows: him to the bill S. 1390, to authorize ap- (1)(B) to order the member to perform duties At the end of subtitle C of title II, add the propriations for fiscal year 2010 for consistent with the member’s fitness for following: military activities of the Department duty. SEC. 245. CONTINUED PRODUCTION OF GROUND- of Defense, for military construction, ‘‘(3) The Secretary concerned shall pay any BASED INTERCEPTOR MISSILE AND and for defense activities of the De- reasonable expenses of transportation, lodg- OPERATION OF MISSILE FIELD 1 AT ing, and meals incurred by a member resid- FORT GREELY, ALASKA. partment of Energy, to prescribe mili- ing at the member’s permanent place of resi- (a) LIMITATION ON BREAK IN PRODUCTION.— tary personnel strengths for such fiscal dence under this subsection in connection The Secretary of Defense shall ensure that year, and for other purposes; which was with travel from the member’s permanent the Missile Defense Agency does not allow a ordered to lie on the table; as follows: place of residence to a medical facility dur- break in production of the Ground-based In- At the end of subtitle D of title VI, add the ing the period in which the member is cov- terceptor missile until the Department of following: ered by this subsection.’’. Defense has—

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(1) completed the Ballistic Missile Defense On page 435, between line 14 and 15, insert (2) PARTICIPATION BY MEMBERS.—Funds Review; and the following: shall not be available under subsection (a) (2) made a determination with respect to SEC. 1083. INVESTIGATIONS, AUDITS, INSPEC- for the participation of a member of the Na- the number of Ground-based Interceptor mis- TIONS, EVALUATIONS, AND REVIEWS tional Guard in activities conducted under siles that will be necessary to support the CONDUCTED BY INSPECTORS GEN- the State Partnership Program in a foreign service life of the Ground-based Midcourse ERAL. country unless the member is on active duty Defense element of the Ballistic Missile De- Section 3518(c) of title 44, United States in the Armed Forces at the time of such par- fense System. Code, is amended— ticipation. (b) LIMITATION ON CERTAIN ACTIONS WITH (1) in paragraph (1), by striking ‘‘paragraph (c) REIMBURSEMENT.—In the event of the RESPECT TO MISSILE FIELD 1 AND MISSILE (2)’’ and inserting ‘‘paragraph (3)’’; participation of personnel of a department or FIELD 2 AT FORT GREELY, ALASKA.— (2) by redesignating paragraph (2) as para- agency of the United States Government (1) LIMITATION ON DECOMMISSIONING OF MIS- graph (3); and (other than the Department of Defense) in SILE FIELD 1.—The Secretary of Defense shall (3) by inserting after paragraph (1) the fol- activities for which payment is made under ensure that Missile Field 1 at Fort Greely, lowing: subsection (a), the head of such department Alaska, does not complete decommissioning ‘‘(2) Notwithstanding paragraph (3), this or agency shall reimburse the Secretary of until seven silos have been emplaced at Mis- subchapter shall not apply to the collection Defense for the costs associated with the sile Field 2 at Fort Greely. of information during the conduct of any in- participation of such personnel in such ac- (2) LIMITATION WITH RESPECT TO DISPOSITION vestigation, audit, inspection, evaluation, or tivities. Amounts reimbursed the Depart- OF SILOS AT MISSILE FIELD 2.—The Secretary other review conducted by— ment of Defense under this subsection shall of Defense shall ensure that no irreversible ‘‘(A) any Federal office of Inspector Gen- be deposited in the appropriation or account decision is made with respect to the disposi- eral, including— from which amounts for the payment con- tion of operational silos at Missile Field 2 at ‘‘(i) any office of Inspector General of any cerned were derived. Any amounts so depos- Fort Greely, Alaska, until that date that is establishment, Federal entity, or designated ited shall be merged with amounts in such 60 days after the date on which the reports Federal entity as those terms are defined appropriation or account, and shall be avail- required by subsections (b)(3) and (c)(3) of under sections 12(2), 8G(a)(1), and 8G(a)(2) of able for the same purposes, and subject to section 243 are submitted to the congres- the Inspector General Act of 1978 (5 U.S.C. the same conditions and limitations, as sional defense committees. App.), respectively; or amounts in such appropriation or account. ‘‘(ii) any office of Special Inspector Gen- SA 1678. Mr. LEAHY submitted an eral established by statute; SA 1681. Mrs. LINCOLN (for herself, ‘‘(B) the Council of the Inspectors General amendment intended to be proposed by Ms. LANDRIEU, Mr. TESTER, and Mr. on Integrity and Efficiency established under him to the bill S. 1390, to authorize ap- WYDEN) submitted an amendment in- propriations for fiscal year 2010 for section 11 of the Inspector General Act of 1978 (5 U.S.C. App.); or tended to be proposed by her to the bill military activities of the Department ‘‘(C) the Recovery Accountability and S. 1390, to authorize appropriations for of Defense, for military construction, Transparency Board established under sec- fiscal year 2010 for military activities and for defense activities of the De- tion 1521 of division A of the American Re- of the Department of Defense, for mili- partment of Energy, to prescribe mili- covery and Reinvestment Act of 2009 (Public tary construction, and for defense ac- tary personnel strengths for such fiscal Law 111–5; 123 Stat. 289).’’. tivities of the Department of Energy, year, and for other purposes; which was to prescribe military personnel ordered to lie on the table; as follows: SA 1680. Mr. VOINOVICH (for himself, Mr. LEAHY, Mr. BOND, Mr. BEGICH, strengths for such fiscal year, and for On page 321, strike line 18 and all that fol- other purposes; which was ordered to lows through page 394, line 8 and insert the Mr. BENNETT, Mr. BYRD, Mr. CASEY, following: Mr. COCHRAN, Mr. CRAPO, Mr. DORGAN, lie on the table; as follows: SEC. 1031. REPEAL OF MILITARY COMMISSIONS. Mrs. LINCOLN, Ms. MURKOWSKI, Mr. At the end of subtitle C of title VI insert (a) REPEAL.— RISCH, Mr. ROCKEFELLER, and Mrs. the following: (1) IN GENERAL.—Chapter 47A of title 10, SHAHEEN) submitted an amendment in- SEC. 635. TRAVEL AND TRANSPORTATION ALLOW- United States Code, is repealed. ANCES FOR MEMBERS OF THE RE- tended to be proposed by him to the SERVE COMPONENTS FOR LONG DIS- (2) TECHNICAL AND CONFORMING AMEND- bill S. 1390, to authorize appropriations TANCE AND CERTAIN OTHER TRAV- MENT.—The table of chapters for title 10, for fiscal year 2010 for military activi- EL TO INACTIVE DUTY TRAINING. United States Code, is amended by striking Section 408a(c) of title 37, United States the item relating to chapter 47A. ties of the Department of Defense, for military construction, and for defense Code, is amended by inserting after the first (b) TRANSITION PROCEDURES.— sentence the following: ‘‘The regulations (1) DEFINITION.—In this subsection, the activities of the Department of Energy, to prescribe military personnel may not, for purposes of subsection (a), de- term ‘‘covered matter’’ means a matter— fine normal commuting distance as any dis- (A) brought before a military commission strengths for such fiscal year, and for tance greater then 100 miles.’’. convened under chapter 47A of title 10, other purposes; which was ordered to United States Code, as in effect on the day lie on the table; as follows: SA 1682. Mr. CONRAD (for himself, before the date of enactment of this Act; and At the end of subtitle A of title XII, add Mr. ENZI, Mr. HATCH, Mr. TESTER, Mr. (B) in which final judgment has not been the following: BENNETT, Mr. BAUCUS, Mr. BARRASSO, entered, or the matter has not otherwise be- SEC. 1211. AVAILABILITY OF APPROPRIATED come final, on the date of enactment of this and Mr. DORGAN) submitted an amend- FUNDS FOR THE STATE PARTNER- ment intended to be proposed by him Act. SHIP PROGRAM. (2) DISMISSAL.—Any covered matter shall (a) AVAILABILITY OF APPROPRIATED to the bill S. 1390, to authorize appro- be dismissed without prejudice. FUNDS.—The Secretary of Defense may, priations for fiscal year 2010 for mili- (3) STATUTE OF LIMITATIONS.—For any of- under regulations prescribed by the Sec- tary activities of the Department of fense charged in a covered matter dismissed retary, use funds appropriated to the Depart- Defense, for military construction, and under paragraph (2), the running of the stat- ment of Defense for fiscal year 2010 to pay for defense activities of the Depart- ute of limitations for that offense shall be the costs incurred by the National Guard (in- ment of Energy, to prescribe military tolled during the period beginning on the cluding the costs of pay and allowances of date on which charges relating to the offense members of the National Guard) in con- personnel strengths for such fiscal were filed with a military commission conducting activities under the State Partner- year, and for other purposes; which was vened under chapter 47A of title 10, United ship Program— ordered to lie on the table; as follows: States Code, as in effect on the day before (1) to support the objectives of the com- At the end of subtitle H of title X, add the the date of enactment of this Act, and end- mander of the combatant command for the following: ing on the date of enactment of this Act. theater of operations in which such activi- SEC. 1083. SENSE OF CONGRESS ON THE STRA- ties are conducted; or TEGIC IMPORTANCE OF THE INTER- SA 1679. Mr. GRASSLEY submitted (2) to build international civil-military CONTINENTAL BALLISTIC MISSILE. an amendment intended to be proposed partnerships and capacity on matters relat- (a) FINDINGS.—Congress makes the fol- by him to the bill S. 1390, to authorize ing to defense and security. lowing findings: appropriations for fiscal year 2010 for (b) LIMITATIONS.— (1) President Barack Obama stated in his military activities of the Department (1) APPROVAL BY COMMANDER OF COMBATANT speech on April 4, 2009, in Prague, Czech Re- of Defense, for military construction, COMMAND AND CHIEF OF MISSION.—Funds shall public, on working toward a world without not be available under subsection (a) for ac- nuclear weapons, ‘‘as long as these weapons and for defense activities of the De- tivities conducted under the State Partner- exist, we will maintain a safe, secure and ef- partment of Energy, to prescribe mili- ship Program in a foreign country unless fective arsenal to deter any adversary, and tary personnel strengths for such fiscal such activities are jointly approved by the guarantee that defense to our allies’’. year, and for other purposes; which was commander of the combatant command con- (2) The Congressional Commission on the ordered to lie on the table; as follows: cerned and the chief of mission concerned. Strategic Posture of the United States

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REPORTS ON STATUTORY COMPLI- reliability and credibility of the nuclear partment of Defense on the 2009 quadrennial ANCE OF THE REPORT ON THE 2009 force, and that the nuclear triad becomes defense review under section 118 of title 10, QUADRENNIAL DEFENSE REVIEW. even more important as the size of the nu- United States Code (in this subsection re- (a) COMPTROLLER GENERAL REPORT.—Not clear force of the United States is reduced. ferred to as the ‘‘2009 QDR’’), as well as the later than 90 days after the Secretary of De- (3) The stabilizing, reliable, and cost-effec- 2009 QDR itself; fense submits the report required by sub- tive Minuteman III intercontinental ballistic (2) conduct an assessment of the assump- section (d) of section 118 of title 10, United missile is a critically important component tions, strategy, findings, costs, and risks in States Code, on the 2009 quadrennial defense of the nuclear triad, essential for the United the report of the 2009 QDR under subsection review required by subsection (a) of that sec- States to deter its enemies, assure its allies, (d) of such section, with particular attention tion, the Comptroller General of the United and dissuade potential future adversaries. paid to the risks described in that report; States shall submit to the Committees on (4) The current 450-missile force, with its (3) submit to the Committees on Armed Armed Services of the Senate and House of inherent broad dispersion, low warhead load- Services of the Senate and House of Rep- Representatives and to the Secretary of De- ing, and high readiness and reliability, resentatives and the Secretary an inde- fense a report on the degree to which the re- makes a successful disarming attack nearly pendent assessment of a variety of possible port on the 2009 quadrennial defense review impossible and eliminates pressure to main- force structures of the Armed Forces, includ- complies with the requirements of such sub- tain a launch-on-warning posture. ing the force structure identified in the re- section (d). (b) SENSE OF CONGRESS.—It is the sense of port of the 2009 QDR, suitable to meet the re- (b) SECRETARY OF DEFENSE REPORT.—If the Congress that— quirements identified in the review required Comptroller General determines that the re- (1) as the United States and Russia nego- in paragraph (1); port on the 2009 quadrennial defense review tiate further reductions in strategic offen- (4) to the extent practicable, estimate the deviates significantly from the requirements sive arsenals, the United States must be cer- funding required by fiscal year, in constant of subsection (d) of section 118 of title 10, tain that the long-term vitality of the triad fiscal year 2010 dollars, to organize, equip, United States Code, the Secretary of Defense of strategic nuclear delivery systems is not and support the forces contemplated under shall submit to the Committees on Armed threatened; the force structures included in the assess- Services of the Senate and House of Rep- (2) the land-based nuclear force is the most ment under paragraph (3); and resentatives a report addressing the areas of stabilizing portion of the nuclear arsenal of (5) provide to the Committees on Armed deviation not later than 30 days after the the United States and it becomes even more Services of the Senate and House of Rep- submittal of the report by the Comptroller so as the total number of weapons in the ar- resentatives and the Secretary of Defense, General required by subsection (a). senal shrinks; and through the reports under subsection (g), SEC. 1093. REPORT ON THE FORCE STRUCTURE (3) a robust intercontinental ballistic mis- any recommendations it considers appro- FINDINGS OF THE 2009 QUADREN- sile force is an essential component of the priate for their consideration. NIAL DEFENSE REVIEW. nuclear triad and must be retained to ad- (f) FIRST MEETING.—The Panel shall hold (a) IN GENERAL.—Concurrent with the de- vance the Nation’s nuclear strategy of deter- its first meeting not later than 30 days after livery of the report on the 2009 quadrennial rence, assurance, and dissuasion. the date on which all appointments to the defense review required by section 118(d) of Panel under paragraphs (1), (2), (3), and (4) of title 10, United States Code, the Secretary of SA 1683. Mr. THUNE submitted an subsection (b) have been made. Defense shall submit to the Committees on amendment intended to be proposed by (g) REPORTS.— Armed Services of the Senate and House of him to the bill S. 1390, to authorize ap- (1) INTERIM REPORT OF PANEL.—Not later Representatives a report with a classified propriations for fiscal year 2010 for than February 15, 2010, the Panel shall sub- annex containing— military activities of the Department mit an interim report on its findings to the (1) the analyses used to determine and sup- of Defense, for military construction, Committees on Armed Services of the Senate port the findings on force structure required by such section; and and for defense activities of the De- and House of Representatives and to the Sec- retary of Defense. (2) a description of any changes from the partment of Energy, to prescribe mili- (2) FINAL REPORT OF PANEL.—Not later than 2006 quadrennial defense review to the min- tary personnel strengths for such fiscal January 15, 2011, the Panel shall submit its imum military requirements for major mili- year, and for other purposes; which was final report, together with any recommenda- tary capabilities. ordered to lie on the table; as follows: tions, to the Committees on Armed Services (b) MAJOR MILITARY CAPABILITIES DE- At the end of title X, add the following: of the Senate and House of Representatives FINED.—In this section, the term ‘‘major Subtitle I—Quadrennial Defense Review and to the Secretary of Defense. military capabilities’’ includes any capa- Matters (3) REPORT OF SECRETARY OF DEFENSE.—Not bility the Secretary determines to be a later than February 15, 2011, the Secretary of major military capability, any capability SEC. 1091. NATIONAL DEFENSE PANEL. discussed in the report of the 2006 quadren- (a) ESTABLISHMENT.—There is established a Defense, after consultation with the Chair- nial defense review, and any capability de- bipartisan, independent panel to be known as man of the Joint Chiefs of Staff, shall submit scribed in paragraph (9) or (10) of section the National Defense Panel (in this section to the Committees on Armed Services of the 118(d) of title 10, United States Code. referred to as the ‘‘Panel’’). Senate and House of Representatives the (b) MEMBERSHIP.—The Panel shall be com- Secretary’s comments on the Panel’s final posed of twelve members who are recognized report under paragraph (2). SA 1684. Mr. THUNE submitted an experts in matters relating to the national (h) INFORMATION FROM FEDERAL AGEN- amendment intended to be proposed by security of the United States. The members CIES.—The Panel may secure directly from him to the bill S. 1390, to authorize ap- shall be appointed as follows: the Department of Defense and any of com- propriations for fiscal year 2010 for (1) Three by the chairman of the Com- ponents of the Department such information military activities of the Department mittee on Armed Services of the House of as the Panel considers necessary to carry out of Defense, for military construction, Representatives. its duties under this section. The Secretary of Defense and the head of the component and for defense activities of the De- (2) Three by the chairman of the Com- partment of Energy, to prescribe mili- mittee on Armed Services of the Senate. concerned shall ensure that information re- (3) Three by the ranking member of the quested by the Panel under this subsection is tary personnel strengths for such fiscal Committee on Armed Services of the House promptly provided. year, and for other purposes; which was of Representatives. (i) FFRDC SUPPORT.—Upon the request of ordered to lie on the table; as follows: (4) Three by the ranking member of the the co-chairs of the Panel, the Secretary of At the end of title X, add the following: Defense shall make available to the Panel Committee on Armed Services of the Senate. Subtitle I—Quadrennial Defense Review the services of any federally funded research (c) CO-CHAIRS OF THE PANEL.—The chair- Matters man of the Committee on Armed Services of and development center that is covered by a the House of Representatives and the chair- sponsoring agreement of the Department of SEC. 1091. NATIONAL DEFENSE PANEL. man of the Committee of Armed Services of Defense. (a) ESTABLISHMENT.—There is established a the Senate shall each designate one of their (j) PERSONNEL MATTERS.—The Panel shall bipartisan, independent panel to be known as appointees under subsection (b) to serve as have the authorities provided in section 3161 the National Defense Panel (in this section co-chair of the panel. of title 5, United States Code, and shall be referred to as the ‘‘Panel’’). (d) PERIOD OF APPOINTMENT; VACANCIES.— subject to the conditions set forth in such (b) MEMBERSHIP.—The Panel shall be com- Members shall be appointed for the life of section. posed of twelve members who are recognized the Panel. Any vacancy in the Panel shall be (k) PAYMENT OF PANEL EXPENSES.—Funds experts in matters relating to the national filled in the same manner as the original ap- for activities of the Panel shall be provided security of the United States. The members pointment. from unobligated amounts available to the shall be appointed as follows: (e) DUTIES.—The Panel shall— Department of Defense. (1) Three by the chairman of the Com- (1) review the national defense strategy, (l) TERMINATION.—The Panel shall termi- mittee on Armed Services of the House of the national military strategy, the Sec- nate 45 days after the date on which the Representatives.

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.093 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7805 (2) Three by the chairman of the Com- of Defense and the head of the component and for defense activities of the De- mittee on Armed Services of the Senate. concerned shall ensure that information re- partment of Energy, to prescribe mili- (3) Three by the ranking member of the quested by the Panel under this subsection is tary personnel strengths for such fiscal Committee on Armed Services of the House promptly provided. year, and for other purposes; which was of Representatives. (i) FFRDC SUPPORT.—Upon the request of (4) Three by the ranking member of the the co-chairs of the Panel, the Secretary of ordered to lie on the table; as follows: Committee on Armed Services of the Senate. Defense shall make available to the Panel At the appropriate place, insert the fol- (c) CO-CHAIRS OF THE PANEL.—The chair- the services of any federally funded research lowing: man of the Committee on Armed Services of and development center that is covered by a SEC. lll. HATE CRIMES. the House of Representatives and the chair- sponsoring agreement of the Department of (a) FINDINGS.—Notwithstanding any other man of the Committee of Armed Services of Defense. provision of this Act, any finding by Con- the Senate shall each designate one of their (j) PERSONNEL MATTERS.—The Panel shall gress in division lll of this Act relating to appointees under subsection (b) to serve as have the authorities provided in section 3161 actual or perceived gender identity shall co-chair of the panel. of title 5, United States Code, and shall be have no force or effect and shall be null and (d) PERIOD OF APPOINTMENT; VACANCIES.— subject to the conditions set forth in such void. Members shall be appointed for the life of section. (b) SUPPORT FOR CRIMINAL INVESTIGATIONS the Panel. Any vacancy in the Panel shall be (k) PAYMENT OF PANEL EXPENSES.—Funds AND PROSECUTIONS.—Notwithstanding any filled in the same manner as the original ap- for activities of the Panel shall be provided other provision of this Act, the Attorney pointment. from unobligated amounts available to the General may not provide assistance to a (e) DUTIES.—The Panel shall— Department of Defense. State, local, or tribal law enforcement agen- (1) review the national defense strategy, (l) TERMINATION.—The Panel shall termi- cy under section ll04 of this Act based on the national military strategy, the Sec- nate 45 days after the date on which the actual or perceived gender identity. retary of Defense’s terms of reference, and Panel submits its final report under sub- (c) FEDERAL OFFENSE.—Notwithstanding any other materials providing the basis for, section (g)(2). any other provision of this Act, section 924 of or substantial inputs to, the work of the De- SEC. 1092. REPORTS ON STATUTORY COMPLI- title 18, United States Code, as added by sec- partment of Defense on the 2009 quadrennial ANCE OF THE REPORT ON THE 2009 tion ll07 of this Act, is amended— defense review under section 118 of title 10, QUADRENNIAL DEFENSE REVIEW. (1) in subsection (a)(2)— United States Code (in this subsection re- (a) COMPTROLLER GENERAL REPORT.—Not (A) in the paragraph heading, by striking ferred to as the ‘‘2009 QDR’’), as well as the later than 90 days after the Secretary of De- ‘‘GENDER IDENTITY,’’; and 2009 QDR itself; fense submits the report required by sub- (B) in subparagraph (A), by striking ‘‘gen- (2) conduct an assessment of the assump- section (d) of section 118 of title 10, United der identity’’; and tions, strategy, findings, costs, and risks in States Code, on the 2009 quadrennial defense (2) in subsection (c)— the report of the 2009 QDR under subsection review required by subsection (a) of that sec- (A) in paragraph (2), by adding ‘‘and’’ at (d) of such section, with particular attention tion, the Comptroller General of the United the end; paid to the risks described in that report; States shall submit to the Committees on (B) in paragraph (3), by striking ‘‘; and’’ (3) submit to the Committees on Armed Armed Services of the Senate and House of and inserting a period; and Services of the Senate and House of Rep- Representatives and to the Secretary of De- (C) by striking paragraph (4). resentatives and the Secretary an inde- fense a report on the degree to which the re- (d) STATISTICS.—Notwithstanding any pendent assessment of a variety of possible port on the 2009 quadrennial defense review other provision of this Act, subsection (b)(1) force structures of the Armed Forces, includ- complies with the requirements of such sub- of the first section of the Hate Crime Statis- ing the force structure identified in the re- section (d). tics Act (28 U.S.C. 534 note), as amended by port of the 2009 QDR, suitable to meet the re- (b) SECRETARY OF DEFENSE REPORT.—If the section ll08 of this Act, is amended by quirements identified in the review required Comptroller General determines that the re- striking ‘‘and gender identity’’. in paragraph (1); port on the 2009 quadrennial defense review (e) RULE OF CONSTRUCTION.—Notwith- (4) to the extent practicable, estimate the deviates significantly from the requirements standing any other provision of this Act, di- funding required by fiscal year, in constant of subsection (d) of section 118 of title 10, vision ll of this Act (relating to hate fiscal year 2010 dollars, to organize, equip, United States Code, the Secretary of Defense crimes), and the amendments made by that and support the forces contemplated under shall submit to the Committees on Armed division, shall not apply to actual or per- the force structures included in the assess- Services of the Senate and House of Rep- ceived gender identity. ment under paragraph (3); and resentatives a report addressing the areas of (5) provide to the Committees on Armed deviation not later than 30 days after the SA 1686. Mr. SANDERS submitted an Services of the Senate and House of Rep- submittal of the report by the Comptroller amendment intended to be proposed by resentatives and the Secretary of Defense, General required by subsection (a). through the reports under subsection (g), him to the bill S. 1390, to authorize ap- SEC. 1093. REPORT ON THE FORCE STRUCTURE propriations for fiscal year 2010 for any recommendations it considers appro- FINDINGS OF THE 2009 QUADREN- priate for their consideration. NIAL DEFENSE REVIEW. military activities of the Department (f) FIRST MEETING.—The Panel shall hold (a) IN GENERAL.—Concurrent with the de- of Defense, for military construction, its first meeting not later than 30 days after livery of the report on the 2009 quadrennial and for defense activities of the De- the date on which all appointments to the defense review required by section 118(d) of partment of Energy, to prescribe mili- Panel under paragraphs (1), (2), (3), and (4) of title 10, United States Code, the Secretary of tary personnel strengths for such fiscal subsection (b) have been made. Defense shall submit to the Committees on (g) REPORTS.— year, and for other purposes; which was Armed Services of the Senate and House of ordered to lie on the table; as follows: (1) INTERIM REPORT OF PANEL.—Not later Representatives a report with a classified than February 15, 2010, the Panel shall sub- annex containing— At the appropriate place, insert the fol- mit an interim report on its findings to the (1) the analyses used to determine and sup- lowing: Committees on Armed Services of the Senate port the findings on force structure required SEC. ll. AUDIT REFORM AND TRANSPARENCY and House of Representatives and to the Sec- by such section; and FOR THE BOARD OF GOVERNORS OF retary of Defense. (2) a description of any changes from the THE FEDERAL RESERVE SYSTEM. (2) FINAL REPORT OF PANEL.—Not later than 2006 quadrennial defense review to the min- (a) IN GENERAL.—Subsection (b) of section January 15, 2011, the Panel shall submit its imum military requirements for major mili- 714 of title 31, United States Code, is amend- final report, together with any recommenda- tary capabilities. ed by striking all after ‘‘shall audit an agen- tions, to the Committees on Armed Services (b) MAJOR MILITARY CAPABILITIES DE- cy’’ and inserting a period. of the Senate and House of Representatives FINED.—In this section, the term ‘‘major (b) AUDIT.—Section 714 of title 31, United and to the Secretary of Defense. military capabilities’’ includes any capa- States Code, is amended by adding at the end (3) REPORT OF SECRETARY OF DEFENSE.—Not bility the Secretary determines to be a the following new subsection: later than February 15, 2011, the Secretary of major military capability, any capability ‘‘(e) AUDIT AND REPORT OF THE FEDERAL Defense, after consultation with the Chair- discussed in the report of the 2006 quadren- RESERVE SYSTEM.— man of the Joint Chiefs of Staff, shall submit nial defense review, and any capability de- ‘‘(1) IN GENERAL.—The audit of the Board of to the Committees on Armed Services of the scribed in paragraph (9) or (10) of section Governors of the Federal Reserve System Senate and House of Representatives the 118(d) of title 10, United States Code. and the Federal reserve banks under sub- Secretary’s comments on the Panel’s final section (b) shall be completed before the end report under paragraph (2). SA 1685. Mr. ENSIGN submitted an of 2010. (h) INFORMATION FROM FEDERAL AGEN- amendment intended to be proposed by ‘‘(2) REPORT.— CIES.—The Panel may secure directly from ‘‘(A) REQUIRED.—A report on the audit re- the Department of Defense and any of com- him to the bill S. 1390, to authorize ap- ferred to in paragraph (1) shall be submitted ponents of the Department such information propriations for fiscal year 2010 for by the Comptroller General to the Congress as the Panel considers necessary to carry out military activities of the Department before the end of the 90-day period beginning its duties under this section. The Secretary of Defense, for military construction, on the date on which such audit is completed

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.094 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7806 CONGRESSIONAL RECORD — SENATE July 21, 2009 and made available to the Speaker of the (2) the terms ‘‘HUBZone small business described in paragraph (1) who provide sup- House, the majority and minority leaders of concern’’, ‘‘small business concern’’, ‘‘small port described in such paragraph sufficient the House of Representatives, the majority business concern owned and controlled by opportunity to obtain recognition for their and minority leaders of the Senate, the service-disabled veterans’’, and ‘‘small busi- service. Chairman and Ranking Member of the com- ness concern owned and controlled by (6) An identification of the differences be- mittee and each subcommittee of jurisdic- women’’ have the same meanings as in sec- tween service in the reserve components of tion in the House of Representatives and the tion 3 of the Small Business Act (15 U.S.C. the Armed Forces and service in the regular Senate, and any other Member of Congress 632). components of the Armed Forces and how who requests it. (b) CONTRACTING OPPORTUNITIES.—Section those differences affect the matters de- ‘‘(B) CONTENTS.—The report under subpara- 31(b)(2)(B) of the Small Business Act (15 scribed in paragraphs (1) through (5). graph (A) shall include a detailed description U.S.C. 657a(b)(2)(B)) is amended by striking (7) An assessment of how a mechanism de- of the findings and conclusion of the Comp- ‘‘shall’’ and inserting ‘‘may’’. scribed in paragraph (1) could be used to im- troller General with respect to the audit (c) CONTRACTING GOALS.—Section 15(g)(1) of prove determinations of whether a member that is the subject of the report, together the Small Business Act (15 U.S.C. 644(g)(1)) is of the Armed Forces has, for purposes of es- with such recommendations for legislative amended in the fourth sentence by inserting tablishing service-connection for a disease or or administrative action as the Comptroller ‘‘and subcontract’’ after ‘‘not less than 3 per- injury under section 1154(b) of title 38, General may determine to be appropriate.’’. cent of the total value of all prime con- United States Code, engaged in combat with tract’’. the enemy in active service with a military, SA 1687. Mr. MENENDEZ (for himself (d) MENTOR-PROTEGE PROGRAMS.—The Ad- naval, or air organization of the United ministrator may establish mentor-protege and Mr. CORKER) submitted an amend- States during a period of war, campaign, or programs for small business concerns owned expedition. ment intended to be proposed by him and controlled by service-disabled veterans, to the bill S. 1390, to authorize appro- small business concerns owned and con- priations for fiscal year 2010 for mili- trolled by women, and HUBZone small busi- f tary activities of the Department of ness concerns modeled on the mentor-pro- Defense, for military construction, and tege program of the Administration for NOTICES OF HEARINGS for defense activities of the Depart- small business concerns participating in pro- COMMITTEE ON ENERGY AND NATURAL ment of Energy, to prescribe military grams under section 8(a) of the Small Busi- ness Act (15 U.S.C. 637(a)). RESOURCES personnel strengths for such fiscal Mr. BINGAMAN. Mr. President, I year, and for other purposes; which was SA 1689. Mrs. MURRAY submitted an would like to announce for the infor- ordered to lie on the table; as follows: amendment intended to be proposed by mation of the Senate and the Public On page 475, between lines 2 and 3, insert her to the bill S. 1390, to authorize ap- that a hearing has been scheduled be- the following: propriations for fiscal year 2010 for fore the Senate Committee on Energy SEC. 1211. CERTIFICATION REQUIREMENT FOR military activities of the Department and Natural Resources. The hearing COALITION SUPPORT FUND REIM- of Defense, for military construction, BURSEMENTS. will be held on Tuesday, July 28, 2009, Section 1232(b) of the National Defense Au- and for defense activities of the De- at 10 a.m., in room SD–366 of the Dirk- thorization Act for Fiscal Year 2008 (Public partment of Energy, to prescribe mili- sen Senate Office Building. Law 110–181; 122 Stat. 392), as amended by tary personnel strengths for such fiscal The purpose of the hearing is to con- section 1217 of the Duncan Hunter National year, and for other purposes; which was sider the nominations of James J. Defense Authorization Act for Fiscal Year ordered to lie on the table; as follows: Markowsky, to be an Assistant Sec- 2009 (Public Law 110–417; 122 Stat. 4634), is At the end of subtitle G of title X, add the amended— retary of Energy (Fossil Energy), War- following: ren F. Miller, Jr., to be an Assistant (1) in paragraph (1)(A), by striking ‘‘the SEC. 1073. REPORT ON DOCUMENTATION OF SUP- Secretary of Defense shall submit’’ and in- PORT PROVIDED BY MEMBERS OF Secretary of Energy (Nuclear Energy) serting ‘‘the Secretary of Defense, after con- THE ARMED FORCES OUTSIDE THE and Director of the Office of Civilian sultation with the Secretary of State, shall REQUIREMENTS OF THEIR MILITARY Radioactive Waste, Anthony M. submit’’; and OCCUPATIONS. Babauta, to be an Assistant Secretary (2) in paragraph (2)— (a) IN GENERAL.—Not later than March 31, 2010, the Secretary of Defense shall submit of the Interior (Insular Areas), and (A) by redesignating subparagraphs (A), Jonathan B. Jarvis, to be the Director (B), and (C) as clauses (i), (ii), and (iii), re- to the Committee on Armed Services of the spectively, and indenting each clause, as so Senate and the Committee on Armed Serv- of the National Park Service. redesignated, 6 ems from the left margin; ices of the House of Representatives a report Because of the limited time available (B) by striking ‘‘shall include an itemized on the documentation of the support pro- for the hearing, witnesses may testify description’’ and inserting the following: vided by members of the Armed Forces while by invitation only. However, those ‘‘shall include the following: deployed in support of contingency oper- wishing to submit written testimony ‘‘(A) An itemized description’’; and ations that is provided— for the hearing record may do so by (C) by adding at the end the following new (1) as a result of operational requirements; and sending it to the Committee on Energy subparagraph: and Natural Resources, United States ‘‘(B) A certification that the reimburse- (2) outside of the requirements of their ment— military occupations. Senate, Washington, DC 20510–6150, or ‘‘(i) is consistent with the national secu- (b) ELEMENTS.—The report required by sub- by e-mail to Aman- rity interests of the United States; and section (a) shall include the following: [email protected]. ‘‘(ii) will not adversely impact the balance (1) An assessment of the mechanisms used For further information, please con- of power in the region.’’. by the Secretary, if any, to document the tact Sam Fowler at (202) 224–7571 or support provided by members of the Armed Amanda Kelly at (202) 224–6836. SA 1688. Ms. SNOWE submitted an Forces while deployed in support of contin- COMMITTEE ON ENERGY AND NATURAL amendment intended to be proposed by gency operations that is provided as a result of operational requirements and outside of RESOURCES her to the bill S. 1390, to authorize ap- the requirements of their military occupa- Mr. BINGAMAN. Mr. President, I propriations for fiscal year 2010 for tions, including documentation of participa- would like to announce for the infor- military activities of the Department tion in operational missions that involve mation of the Senate and the public of Defense, for military construction, combat experience. that a business meeting has been and for defense activities of the De- (2) Recommendations for the improvement scheduled before Committee on Energy partment of Energy, to prescribe mili- or creation of mechanisms described in para- and Natural Resources. The business tary personnel strengths for such fiscal graph (1). meeting will be held on Tuesday, July year, and for other purposes; which was (3) An assessment of the feasibility and ad- visability of creating and implementing an 28, 2009, at 10 a.m., in room SD–366 of ordered to lie on the table; as follows: experience, service, or skill identifier to the Dirksen Senate Office Building, im- At the end of subtitle H of title X, add the identify the support described in paragraph mediately preceding the hearing on following: (1). other nominations. SEC. 1083. CONTRACTING IMPROVEMENTS. (4) An assessment of whether such identi- The purpose of the business meeting (a) DEFINITIONS.—In this section— fier could be used effectively and efficiently (1) the terms ‘‘Administration’’ and ‘‘Ad- for the provision of training and assignment is to consider pending nominations. ministrator’’ mean the Small Business Ad- matching. For further information, please con- ministration and the Administrator thereof, (5) An assessment of whether the current tact Sam Fowler at (202) 224–7571 or respectively; and chain of command construct allows members Amanda Kelly at (202) 224–6836.

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.094 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE July 21, 2009 CONGRESSIONAL RECORD — SENATE S7807 AUTHORITY FOR COMMITTEES TO PERMANENT SUBCOMMITTEE ON INVESTIGATIONS APPOINTMENT MEET Mr. LEVIN. Mr. President, I ask The PRESIDING OFFICER. The COMMITTEE ON COMMERCE, SCIENCE, AND unanimous consent that the Perma- Chair, on behalf of the majority leader, TRANSPORTATION nent Subcommittee on Investigations pursuant to Public Law 111–25, an- Mr. LEVIN. Mr. President, I ask of the Committee on Homeland Secu- nounces the appointment of the fol- unanimous consent that the Com- rity and Governmental Affairs be au- lowing individuals to serve as members mittee on Commerce, Science, and thorized to meet during the session of of the Ronald Reagan Centennial Com- Transportation be authorized to meet the Senate on Tuesday, July 21, at 2:30 mission: Sig Rogich of Nevada and during the session of the Senate on p.m., to conduct a hearing entitled, Frank Fahrenkoph of Nevada. Tuesday, July 21, 2009, in Russell 253, at ‘‘Excessive Speculation in the Wheat f 2:30 p.m. Market.’’ The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without MAKING MINORITY PARTY objection, it is so ordered. objection, it is so ordered. APPOINTMENTS COMMITTEE ON ENERGY AND NATURAL SELECT COMMITTEE ON INTELLIGENCE Mr. BROWN. Mr. President, I ask RESOURCES Mr. LEVIN. Mr. President, I ask unanimous consent that the Senate Mr. LEVIN. Mr. President, I ask unanimous consent that the Select proceed to the consideration of S. Res. unanimous consent that the Com- Committee on Intelligence be author- 218, which was submitted earlier today. mittee on Energy and Natural Re- ized to meet during the session of the The PRESIDING OFFICER. The sources be authorized to meet during Senate on July 21, 2009, at 2:30 p.m. clerk will report the resolution by the session of the Senate to conduct a The PRESIDING OFFICER. Without title. hearing on Tuesday, July 21, at 10 a.m., objection, it is so ordered. The legislative clerk read as follows: in room SD–366 of the Dirksen Senate SUBCOMMITTEE ON IMMIGRATION, REFUGEES, A resolution (S. Res. 218) making minority Office Building. AND BORDER SECURITY party appointments to the 111th Congress. The PRESIDING OFFICER. Without Mr. LEVIN. Mr. President, I ask objection, it is so ordered. There being no objection, the Senate unanimous consent that the Com- proceeded to consider the resolution. COMMITTEE ON ENVIRONMENT AND PUBLIC mittee on the Judiciary, Sub- Mr. BROWN. Mr. President, I ask WORKS AND SUBCOMMITTEE ON GREEN JOBS committee on Immigration, Refugees, unanimous consent that the resolution AND THE NEW ECONOMY and Border Security, be authorized to Mr. LEVIN. Mr. President, I ask be agreed to and the motion to recon- meet during the session of the Senate, sider be laid upon the table. unanimous consent that the Com- on July 21, 2009, at 2:15 pm, in room mittee on Environment and Public The PRESIDING OFFICER. Without SD–226 of the Dirksen Senate Office objection, it is so ordered. Works and the Subcommittee on Green Building, to conduct a hearing entitled Jobs and the New Economy be author- The resolution (S. Res. 218) was ‘‘Ensuring a Legal Workforce: What agreed to, as follows: ized to meet during the session of the Changes Should be Made to Our Cur- Senate on Tuesday, July 21, 2009, at 10 rent Employment Verification Sys- S. RES. 218 a.m., in room SD–406 of the Dirksen tem?’’ Resolved, That the following be the minor- Senate Office Building. The PRESIDING OFFICER. Without ity membership on the following committees for the remainder of the 111th Congress, or The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. until their successors ar appointed: f COMMITTEE ON AGRICULTURE NUTRI- COMMITTEE ON FOREIGN RELATIONS TION AND FORESTRY: Mr. Chambliss, Mr. Mr. LEVIN. Mr. President, I ask PRIVILEGES OF THE FLOOR Lugar, Mr. Cochran, Mr. McConnell, Mr. unanimous consent that the Com- Mr. CHAMBLISS. Mr. President, I Roberts, Mr. Johanns, Mr. Grassley, Mr. mittee on Foreign Relations be author- ask unanimous consent that the Army Thune, and Mr. Cornyn. ized to meet during the session of the COMMITTEE ON FOREIGN RELATIONS: fellow in my office, David Evans, be Mr. Lugar, Mr. Corker, Mr. Isakson, Mr. Senate on Tuesday, July 21, 2009, at granted the privileges of the floor dur- 10:15 a.m. Risch, Mr. DeMint, Mr. Barrasso, Mr. Wick- ing consideration of this bill. er, and Mr. Inhofe. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without COMMITTEE ON HOMELAND SECURITY objection, it is so ordered. objection, it is so ordered. AND GOVERNMENTAL AFFAIRS: Ms. Col- COMMITTEE ON FOREIGN RELATIONS Mr. NELSON of Florida. Mr. Presi- lins, Mr. Coburn, Mr. McCain, Mr. Voinovich, Mr. LEVIN. Mr. President, I ask dent, I ask unanimous consent that Mr. Ensign, Mr. Graham, and Mr. Bennett. unanimous consent that the Com- Lea Shanley, a congressional science COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP: Ms. Snowe, Mr. mittee on Foreign Relations be author- fellow in my office, be granted the ized to meet during the session of the Bond, Mr. Vitter, Mr. Thune, Mr. Enzi, Mr. privilege of the floor for the duration Isakson, Mr. Wicker, and Mr. Risch. Senate on Tuesday, July 21, 2009, at 2:15 of my statement. SPECIAL COMMITTEE ON AGING: Mr. a.m. The PRESIDING OFFICER. Without Martinez, Mr. Shelby, Ms. Collins, Mr. Cork- The PRESIDING OFFICER. Without objection, it is so ordered. er, Mr. Hatch, Mr. Brownback, Mr. Graham, objection, it is so ordered. and Mr. Chambliss. f COMMITTEE ON FOREIGN RELATIONS f Mr. LEVIN. Mr. President, I ask COURT OF IMPEACHMENT FLOOR unanimous consent that the Com- PRIVILEGES 40TH ANNIVERSARY OF THE FOOD AND NUTRITION SERVICE mittee on Foreign Relations be author- Mr. BROWN. Mr. President, I ask ized to meet during the session of the unanimous consent that when the Sen- Mr. BROWN. Mr. President, I ask Senate on Tuesday, July 21, 2009, to ate convenes as a Court of Impeach- unanimous consent that the Senate hold a hearing entitled ‘‘The National ment with regard to the case of Samuel proceed to the immediate consider- Security Implications of Climate B. Kent, the following list of staff from ation of H. Con. Res. 164, at the desk Change.’’ the House of Representatives be pro- and just received from the House. The PRESIDING OFFICER. Without vided floor privileges during those pro- The PRESIDING OFFICER. The objection, it is so ordered. ceedings. clerk will report the concurrent resolu- COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without tion by title. Mr. LEVIN. Mr. President, I ask objection, it is so ordered. The legislative clerk read as follows: unanimous consent that the Com- Mr. BROWN. I send the list to the A concurrent resolution (H. Con. Res. 164) mittee on the Judiciary be authorized desk. recognizing the 40th anniversary of the Food to meet during the session of the Sen- The list is as follows: and Nutrition Service of the Department of Agriculture. ate, on July 21, 2009, at 10 a.m., in SH– Phil Tahtakran, Branden Ritchie, Ryan 216 of the Hart Senate Office Building. Clough, Michael Lenn, Danielle Brown, Alan There being no objection, the Senate The PRESIDING OFFICER. Without Baron, Allison Halataei, Jessica Klein, and proceeded to consider the concurrent objection, it is so ordered. Kirsten Konar. resolution.

VerDate Nov 24 2008 04:09 Jul 22, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A21JY6.097 S21JYPT1 wwoods2 on DSK1DXX6B1PROD with SENATE S7808 CONGRESSIONAL RECORD — SENATE July 21, 2009 Mr. BROWN. Mr. President, I ask A bill (H.R. 2245) to authorize the Presi- ceedings be approved to date, the unanimous consent that the concur- dent, in conjunction with the 40th anniver- morning hour be deemed expired, the rent resolution be agreed to, the pre- sary of the historic and first lunar landing time for the two leaders be reserved for amble be agreed to, the motions to re- by humans in 1969, to award gold medals on their use later in the day, and the Sen- behalf of the United States Congress to Neil consider be laid upon the table, and A. Armstrong, the first human to walk on ate resume consideration of Calendar that any statements relating to the the moon; Edwin E. ‘‘Buzz’’ Aldrin, Jr., the No. 89, S. 1390, the Department of De- concurrent resolution be printed in the pilot of the lunar module and second person fense authorization bill, as provided for RECORD, without intervening action or to walk on the moon; Michael Collins, the under the previous order. debate. pilot of their Apollo 11 mission’s command The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without module; and, the first American to orbit the objection, it is so ordered. objection, it is so ordered. Earth, John Herschel Glenn, Jr. The concurrent resolution (H. Con. There being no objection, the Senate f Res. 164) was agreed to. proceeded to consider the bill. The preamble was agreed to. Mr. BROWN. Mr. President, I would PROGRAM f note that of the four names the clerk Mr. BROWN. Mr. President, under read—those four national heroes—two the previous order, the time until 12 S. 1390 AMENDMENT FILING of them are from Ohio, Neil Armstrong o’clock will be equally divided and con- DEADLINE and John Glenn. trolled between Senators THUNE and Mr. BROWN. Mr. President, for the Mr. BROWN. Mr. President, I ask DURBIN or their designees. At 12 information of the Senate, the man- unanimous consent that the bill be o’clock, the Senate will proceed to a agers of the Department of Defense au- read three times, passed, the motion to rollcall vote in relation to the Thune thorization measure have asked for a reconsider be laid upon the table, with amendment. Additional rollcall votes filing deadline of first-degree amend- no intervening action or debate, and are expected throughout the day. ments to the bill. While no consent will any statements related to the bill be As a reminder, at 2 p.m. tomorrow, be granted tonight, it is expected that printed in the RECORD. there will be a live quorum with re- tomorrow morning unanimous consent The PRESIDING OFFICER. Without spect to the Court of Impeachment of will be requested for a filing deadline objection, it is so ordered. Samuel B. Kent. of 11 a.m., Wednesday, July 22. The bill (H.R. 2245) was ordered to a f f third reading, was read the third time, and passed. NEW FRONTIER CONGRESSIONAL ADJOURNMENT UNTIL 9:30 A.M. GOLD MEDAL ACT f TOMORROW Mr. BROWN. Mr. President, I ask ORDERS FOR WEDNESDAY, JULY Mr. BROWN. Mr. President, if there unanimous consent that the Senate 22, 2009 is no further business to come before proceed to the immediate consider- Mr. BROWN. Mr. President, I ask the Senate, I ask unanimous consent ation of H.R. 2245, which was received unanimous consent that when the Sen- that the Senate stand adjourned under from the House. ate completes its business today, it ad- the previous order. The PRESIDING OFFICER. The journ until 9:30 a.m. tomorrow, There being no objection, the Senate, clerk will report the bill by title. Wednesday, July 22; that following the at 7:40 p.m., adjourned until Wednes- The legislative clerk read as follows: prayer and pledge, the Journal of pro- day, July 22, 2009, at 9:30 a.m.

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