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, THURSDAY, SEPTEMBER 10, 2009 No. 127 Senate The Senate met at 9:30 a.m. and was appoint the Honorable MARK L. PRYOR, a REMEMBERING SENATOR EDWARD called to order by the Honorable MARK Senator from the State of Arkansas, to per- M. KENNEDY form the duties of the Chair. L. PRYOR, a Senator from the State of Mr. REID. ‘‘A freshmen Senator Arkansas. ROBERT C. BYRD, President pro tempore. should be seen, not heard; should learn, PRAYER Mr. PRYOR thereupon assumed the and not teach.’’ The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. Mr. President, that is a quote from fered the following prayer: Senator Ted Kennedy. These are the Let us pray. f very first words he spoke on the floor Eternal God, we turn to You this of this Chamber. He was hesitant to morning aware of our insufficiency. We RECOGNITION OF THE MAJORITY rise and speak that April day when he are but burning candles lashed by LEADER said those words. He had been a Sen- winds that mock our boasting pride. ator for less than 18 months. The coun- Remind us that human efforts and in- The ACTING PRESIDENT pro tem- try was still reeling from President genuity are powerless without You. pore. The majority leader is recog- Kennedy’s death just months before. You alone, O Lord, deserve honor and nized. But the question before the Senate praise, for power, glory, and victory be- was the Civil Rights Act of 1964, and long to You. f Senator Kennedy knew he could hold Infuse our lawmakers with Your his tongue no longer. might. Be for them as the shadow of a SCHEDULE He rose to speak because he loved his great rock in a weary land. Give them Mr. REID. Mr. President, following country. He waited as long as he did to some wisdom, Lord, that their labors leader remarks, the Senate will be in a give that maiden speech because he will enable America to stand with free- period of morning business until 12:30 loved this institution. In that speech, dom’s lamp aloft as a beacon of hope today, with the time equally divided he said a Senator of his stature at the for our world. As our Senators tackle between the two leaders or their des- time should be seen and not heard. But today’s tasks, make them conscious of ignees. This period of morning business 45 years later, we can still hear his their great heritage of liberty and jus- will give Senators an opportunity to great booming voice. He said young tice for all. May no weapon that is pay tribute to our colleague, the late Senators should learn and not teach. formed be able to defeat this land we Senator Ted Kennedy. But who can list all we learned from love. We pray in Your great Name. Following morning business, the Sen- his leadership? Amen. ate will proceed to executive session It was a thrill to work with Ted Ken- f and resume debate on the nomination nedy personally. He was a friend, the PLEDGE OF ALLEGIANCE of Cass Sunstein to be Administrator of model of public service, and an Amer- ican icon. He was a patriarch of both The Honorable MARK L. PRYOR led the Office of Information and Regu- the Pledge of Allegiance, as follows: latory Affairs in the Office of Manage- the Kennedy family and the Senate I pledge allegiance to the Flag of the ment and Budget. family. Together, we mourn his loss. United States of America, and to the Repub- Yesterday, cloture was invoked on At so many difficult times in their lic for which it stands, one nation under God, the nomination. Senators will be noti- family’s history, the Kennedys have indivisible, with liberty and justice for all. fied when the vote on confirmation of turned to their Uncle Teddy for com- f the nomination is scheduled. fort. At so many critical times in our APPOINTMENT OF ACTING As a reminder to Senators, at 2:45 country’s history, America has turned PRESIDENT PRO TEMPORE p.m. today, Senator-designate GEORGE to Ted Kennedy for the same. LEMIEUX will be sworn in as a Senator We can all remember how he walked The PRESIDING OFFICER. The from the State of Florida, replacing solemnly with the grieving First Lady clerk will please read a communication Mel Martinez. at Arlington National Cemetery. We to the Senate from the President pro Following disposition of the Sunstein can remember how his deep love for his tempore (Mr. BYRD). The legislative clerk read the fol- nomination—and I have had conversa- brother helped him somehow summon lowing letter: tions with floor staff, both Democratic the strength to deliver a defining eu- and Republican, to see if we can move logy in New York. We can all remem- U.S. SENATE, forward on an appropriations bill. Sen- ber how, as patriarch, he memorialized PRESIDENT PRO TEMPORE, ator MCCONNELL and I have talked Washington, DC, September 10, 2009. his nephew off the shores of Massachu- To the Senate: about trying to get as many done as we setts. Under the provisions of rule I, paragraph 3, can. We have four done, and we have For decades, Ted Kennedy was a rock of the Standing Rules of the Senate, I hereby eight to go. to his family. The impact he has etched

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

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VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9194 CONGRESSIONAL RECORD — SENATE September 10, 2009 into our history will long endure. It is care they need to live longer, fuller might be as far back as 1965, when he now left to us to remember the man lives. Because of Ted Kennedy, more spoke of setting a record for longevity. who helped remember the lives of so minorities, women, and immigrants Mike Mansfield saw a glimpse of it, many others. He was a very famous could realize the rights our founding too, a few years later. When somebody man. If you take the subway, people documents promised them. Because of mentioned Ted as a possible Presi- would always come up to Senator Ken- him, more Americans could be proud of dential candidate, Mansfield responded: nedy. I would joke with him, ‘‘Ted, are their country. He’s in no hurry. He’s young. He likes the they coming for me or for you?’’ It was Ted Kennedy came from a family of Senate. Of all the Kennedys, he is the only obvious whom they were coming for. It great wealth and status. He didn’t need one who was and is a real Senate man. was a joke. to work hard for himself. So he chose a As it turned out, Mansfield was right. Ted was so good. When he thought life of working hard for others. When But Ted knew even then that his leg- you did something well, he would drop he was admitted to the Massachusetts acy as a lawmaker would not come you a note or give you a call. It meant bar in 1959, the application asked him about just by sitting at his desk; he a lot to me that he would take the to state his main ambition. Ted Ken- would have to build it. And over the time to do that. I have come to learn nedy answered: ‘‘The public service of course of the next 47 years, that is ex- since his death that he did that for so this State.’’ actly what he did, slowly, patiently, many people. You didn’t have to be a To quote one of his favorite poems— doggedly, making his mark as much in Senator. He would do that for anybody the Robert Frost verses that now rest tedious committee hearings as on the whom he thought deserved a pat on the on his desk on the Senate floor—that stump, as much in the details of legis- back. It is up to us to celebrate a Sen- has made all the difference. lation as in its broader themes. ator who helped so many live better Ted Kennedy’s America was one in Ted’s last name ensured he was al- lives. which all could pursue justice, enjoy ready one of the stars of American pol- I have long been a devotee of the equality, and know freedom. That is itics even before he became a Senator. Kennedys and an admirer of their serv- Ted Kennedy. To this day, he is still the only man or ice to our Nation. As a student at Utah Ted’s life was driven by his love of a woman in U.S. history to be elected to State University, I founded the first family who loved him and his belief in the Senate while one of his relatives Young Democrats Club—in that bas- a country that believed in him. Ted’s sat in the White House. But to those tion of Republicanism. I worked for dream was the one for which the who thought Ted, even if elected, President Kennedy’s election in 1960. Founding Fathers fought and which his would avoid the rigors of public life, he A week before President Kennedy brothers sought to realize. became a living rebuke. In short, he be- took the oath of office and implored us The liberal lion’s mighty roar may came a Senator. to ask what we can do for our country, now fall silent, but his dream shall He surprised the skeptics, first of all, John Kennedy sent me a personal let- never die. One of his older brothers was with his friendliness and his wit. When ter of thanks. He had won the election, killed in World War II. He was a pilot he made his national political debut in but he had not yet been inaugurated. going into a mission, and he recognized 1962 on ‘‘Meet the Press,’’ a questioner That letter still hangs at the door- going into it he would probably never asked him if maybe there were already way of my Capitol office, just a few come back. His other brother—the too many Kennedys. His response: feet off the Senate floor, where the President—was assassinated. His other ‘‘You should have talked to my mother three youngest Kennedy brothers ably brother, as a Senator running for and father . . . ’’ served. That letter he sent me was for President, was assassinated. Russell Long was an early admirer. the work I did out West for that cam- Again, Senator Kennedy’s dream In what has to go down as one of the paign. shall never die. falsest first impressions in modern pol- Many times, Ted would come to my The ACTING PRESIDENT pro tem- itics, Long spoke approvingly of the office, and he would stop and look at pore. The Republican leader is recog- new Senator from Massachusetts as ‘‘a that letter. He would always say, nized. quiet . . . sort of fellow.’’ ‘‘That’s his signature,’’ indicating that Mr. MCCONNELL. Mr. President, I, Ted got along with everybody. The some staff hadn’t signed it or some ma- too, would like to speak of our de- earliest memories family members chine hadn’t signed it. He was proud parted colleague, Ted Kennedy, whose have are of Ted laughing and making that his brother had done what he passing last month focused the atten- other people laugh. His secret weapon learned from his brother to do—send tion of the Nation and whose extraor- then, and years later, as CHRIS DODD these very meaningful letters. He was dinary life has been memorialized over rightly pointed out at one of the me- proud of his brother. He was proud of these past weeks in so many poignant morial services, was simply this: Peo- his own work in the Western States stories and heartfelt expressions of ple liked him, so much so that he could during the 1960 race and proud that I gratitude and grief. call people such as Jim Eastland, kept that memento in such a promi- Today, the Senate also grieves—not somebody with whom he had abso- nent place. only because he was a friend but be- lutely nothing in common, a friend. President-elect Kennedy’s letter was cause the Senate was so much a part of Ted had learned early on that he short, but it overflowed with optimism. who he was and because he became so could be more effective through alli- He wrote to me that the incoming era much a part of the Senate. ances and relationships than by hol- would allow us to ‘‘make our country The simplest measure is sheer lon- lering and carrying on. We all know he an even better place for our citizens to gevity. At the time of his death, Ted did a fair amount of that as well. He live, as well as to strengthen our coun- could call himself the third longest- provided some of the best theater the try’s position of leadership in the serving Senator in history, having Senate has ever known. But once he world.’’ Think how I felt getting that served almost one-fifth of the time the left the Chamber, he turned that off. letter. I was still a student. Senate itself has existed. Or consider He sought out allies wherever he could Ted Kennedy shared the dream his this: When I was an intern here in the find them—Strom Thurmond, Dan brother had, and he never stopped sixties, Ted was already a well-known Quayle, ORRIN HATCH, JOHN MCCAIN, working to realize it. Senator. When I was elected to the and even George W. Bush—and he Ted Kennedy’s legacy stands with the Senate nearly a quarter of a century earned their cooperation by keeping greatest, the most devoted, the most ago, Ted had already been here for his word and through thousands of patriotic men and women to ever serve nearly a quarter of a century. He small acts of kindness. Senator MCCAIN in these Halls. Because of Ted Ken- served with 10 Presidents or nearly 1 has recounted the birthday bash Ted nedy, more young children could afford out of every 4 of them. threw 10 years ago for his son Jimmy’s to become healthy. Because of Ted No one could have predicted that 11th birthday. Senator BARRASSO re- Kennedy, more young adults could af- kind of run for Ted on the day he be- members the kindness Ted showed him ford to become college students. Be- came a Senator back on November 7, as a new Senator. And Senator cause of Ted Kennedy, more of our old- 1962—no one, that is, except maybe BARRASSO’s family will long remember est and poorest citizens could get the Ted. Ted had signaled what his legacy how much time Senator Kennedy spent

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9195 sharing stories with them at the recep- about Congress, after all, not the Presi- RESERVATION OF LEADER TIME tion after the swearing in and that he dency. His life and legacy help restore The ACTING PRESIDENT pro tem- was one of the last ones to leave. that vision of a legislative counter- pore. Under the previous order, the Like so many others, I have known weight of equal weight. That is an im- leadership time is reserved. Ted’s graciousness firsthand. Anyone portant institutional contribution who watches C–SPAN2 could see Ted every Senator can appreciate. It is f railing at the top of his lungs against something he did through hard work, MORNING BUSINESS my position on this policy or that pol- tenacity, and sheer will. It was not the The ACTING PRESIDENT pro tem- icy. What they didn’t see was the mag- legacy most expected, but it is the leg- pore. Under the previous order, the nificent show he put on a few years ago acy he wrought, and in the end he Senate will proceed to a period for the in Kentucky at my invitation for stu- could call it his own. transaction of morning business until dents at the University of Louisville or Toward the end of his life, one of the 12:30 p.m., with the time equally di- the framed photo he gave me that day great lawmakers of the 19th century, vided and controlled between the two of my political role model, John Sher- Henry Clay, was asked to speak to the leaders or their designees. man Cooper. I interned for Cooper as a Kentucky General Assembly. Thanks The Senator from Massachusetts. young man. Ted knew that, and he to Clay’s efforts, the Compromise of Mr. KERRY. Mr. President, I yield knew Cooper was a good friend and 1850 had just been reached, and Clay myself such time as I might use. neighbor of his brother Jack’s. had become a national hero through a The ACTING PRESIDENT pro tem- Ted’s gregariousness was legendary, job he had spent most of his career try- pore. The Senator is recognized. but his passion and intensity as a law- ing to escape. His speech received na- maker would also reach near-mythic tional coverage, and, according to one f proportions in his own lifetime. Even biographer, all acknowledged his privi- REMEMBERING SENATOR EDWARD those of us who saw the same problems leged station as an elder statesman. M. KENNEDY but different solutions on issue after For years, Clay had wanted nothing Mr. KERRY. Mr. President, I thank issue, even we could not help but ad- more than to be President of the Majority Leader REID and Minority mire the focus and the fight Ted United States. But now, after this last Leader MCCONNELL for the time they brought to every debate in which he great legislative victory, something have set aside for us today to remem- played a part. Over the years, we came else came into view. Clay told the as- ber Ted Kennedy, our beloved col- to see what he was doing in the Senate. sembled crowd that day that in the league, my senior Senator for nearly a When it came to Ted’s future, every- course of months and months of in- quarter of a century, a friend, a man I one was always looking at it through tense negotiations leading up to the met first and who had great influence the prism of the Presidency. They Great Compromise, he had consulted on me in politics back in 1962 when, as should have focused on this Chamber with Democrats just as much as he had a young, about-to-be college student, I instead. It was here that he slowly with members of his own party and had the privilege of working as a vol- built the kind of influence and voice found in them just as much patriotism unteer in his first campaign for the for a national constituency that was and honor as he had found with the Senate. common for Senators in the 19th cen- Whigs. The whole experience had It is difficult to look at his desk now tury but extremely rare in the 20th. moved Clay away from party rivalry, cloaked in the velvet and the roses, a He became a fiery spokesman for lib- he said, and toward a new goal. ‘‘I want desk from which he championed so erals everywhere. Ted and I would have no office, no station in the gift of many important causes, a desk from had a hard time agreeing on the color man,’’ he said, ‘‘[except] a warm place which he regaled us, educated us, and of the carpet when we were in the in your hearts.’’ Chamber together. Yet despite his pub- Every man has his own story. Ted befriended us for so many years, and lic image as a liberal firebrand, he was Kennedy never moved away from party even more difficult for us to think of fascinated by the hard work of creating rivalry. He was a fierce partisan to the this Chamber, our Nation’s Capital, or consensus and jumped into that work, end. But over the years, he reminded our country without him. even toward the end, with the enthu- the world of the great potential of this On many occasions in the Senate, he siasm of a young staffer. Ted’s high institution and even came to embody was the indispensable man. On every school teammates recall that he never it. We will never forget the way he occasion in this Chamber and out, he walked to the huddle; he always ran. filled the Chamber with that booming was a man whose heart was as big as Anyone who ever sat across from Ted voice, waving his glasses at his side, heaven, whose optimism could over- at a conference table believed it. jabbing his fingers at the air, or the whelm any doubter, and whose joy for Ted realized Senators could do an many times we saw him playing out- life was a wonderfully contagious and awful lot once they got past the mag- side with his dogs. How many times did completely irresistible thing. netic pull Pennsylvania Avenue has on we spot him coming through the door- Ted loved poetry, and though the so many Senators. His brother Jack way or onto an elevator, his hair white verse was ancient, the poet could have once said that as a Senator, he thought as the surf, and think: Here comes his- had Ted in mind when he wrote: the President had all the influence, but tory itself. One must wait until the evening to see how it wasn’t until he was President that As the youngest child in one of the splendid the day has been. he realized how much influence Sen- most influential political families in Our day with Ted Kennedy was, in- ators had. It was a similar insight that U.S. history, Ted Kennedy had enor- deed, splendid, its impact immeas- led Ted to tell a group of Boston Globe mous shoes to fill. Yet in nearly 50 urable. Just think for a moment what reporters in 1981 that for him, the Sen- years of service as a young Senator, a a different country we lived in before ate was fulfilling, satisfying, chal- candidate for President, a legislative Ted Kennedy came to the Senate in lenging, and that he could certainly force, and an elder statesman, it is 1962 and what a more perfect Union we spend his life here, which, of course, he hard to argue that he didn’t fill those live in for the 47 years he served here. did. Then, when it was winding down, shoes in a part he wrote all by himself. Before Ted Kennedy had a voice in the he saw what he had done as a Senator It is hard to imagine the Senate Senate and a vote in the Senate, there and what the Senate had done for him. without Ted thundering on the floor. It was no Civil Rights Act, no Voting He wanted others to see it too, so he will be harder still, I am sure, for the Rights Act, no Medicare, no Medicaid, set about to establish the Edward M. Kennedy family to think of a future no vote for 18-year-olds, no Martin Lu- Kennedy Institute for the United without him. You could say all these ther King, Jr., holiday, no Meals on States Senate, a place that would focus things and more about the late Senator Wheels, no equal funding for women’s on this institution the way Presi- from Massachusetts, and you could collegiate sports, no State health in- dential libraries focus on Presidents. also say this: Edward Moore Kennedy surance program, no Family Medical The Founders, of course, envisioned will always have a warm place in our Leave Act, no AmeriCorps, no National the legislative and executive branches hearts. Service Act. All of these are literally as carrying equal weight. Article I is Mr. President, I yield the floor. just a part of Ted’s legislative legacy.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9196 CONGRESSIONAL RECORD — SENATE September 10, 2009 It is why the Boston Globe once wrote get. So the next thing I knew, he lit- much that he wanted to do, and so that in actual measurable impact on erally instructed me to depart for Flor- much that he would want us to do now, the lives of tens of millions of working ida to stay in the Kennedy home in not in his name but in his spirit. families, the elderly, and the needy, Palm Beach and be cared for until I got When Ted was 12 years old, he spent Ted belongs in the same sentence with well. Indeed, I did exactly that. hours with his brother Jack taking Franklin Roosevelt. He also showed up at my house the turns reading the epic Civil War poem Ted’s season of service spanned the evening of Inauguration Day of 2005, ‘‘John Brown’s Body,’’ by Steven Vin- administrations, as we heard from the and together with CHRIS DODD we cent Benet. It is book length and filled minority leader, of 10 Presidents. He shared laughter and stories from the with great and terrible scenes of battle served with more than 350 Senators, in- campaign trail. We were loud enough and heartbreaking vignettes of loss and cluding those for whom our principal and had enough fun that someone privation and home. It surprises me to office buildings are named: Richard might have wondered if we were some- read it now and find so much in it that Russell, Everett Dirksen, and Philip how mistaken and thought we had won. in fact reminds me of Ted. Benet wrote: Hart. He cast more than 16,000 votes. He understood the moment. He knew Sometimes there comes a crack in time He wrote more than 2,500 bills. He had the best tonic was laughter and friend- itself. Sometimes the earth is torn by some- an important hand in shaping almost ship. Many times that is all he needed thing blind. Sometimes an image that has every single important law that affects to do, just be there. You couldn’t help stood so long it seems implanted on the our lives today. He helped create near- but feel better with him around. polar star is moved against an unfathomed All of us who served with him were force that suddenly will not have it any- ly every major social program in the more. Call it the mores, call it God or Fate, last 40 years. He was the Senate’s sem- privileged to share Ted’s incredible call it Mansoul or economic law, that force inal voice for civil rights, women’s love of life and laughter. In the cloak- exists and moves. And when it moves it will rights, human rights, and the rights of room, sometimes the roars of laughter imploy a hard and actual stone to batter workers. He stood against judges who were so great they could be heard out into bits an actual wall and change the ac- would turn back the clock on constitu- on the Senate floor. Once I remember tual scheme of things. tional freedoms. He pointed America Ted was holding forth—I will not share Ted Kennedy was such a stone who away from war, first in Vietnam and the topic—and the Presiding Officer actually changed the scheme of things last in Iraq. And for three decades, in- pounded the gavel and demanded, on so many issues for so many people. cluding the last days, he labored with ‘‘There will be order in the Senate and Over the years, I have received hun- all his might to make health care a in the cloakroom.’’ It was the first dreds of handwritten notes from Ted— right for all Americans. time I ever heard that call for order. some funny, some touching, all of them Through it all, even as he battled, he His pranks were also works of art and treasures. showed us how to be a good colleague, usually brilliantly calculated. One Just before Thanksgiving Ted sent always loyal, always caring, always night after a long series of Thursday me a note that he would be spending lively. His adversaries were never his night votes that had pushed Senators the holiday with his beloved sailboat, enemies. And his friends—his friends— past the time to catch commercial the Maya. He added: If you are out on always came first. flights home to the Northeast, Senator the sound, look for the Maya. She will In my office there is a photograph of FRANK LAUTENBERG had arranged for a be there. Indeed, I will never sail the the two of us on day one—1985—my private charter for himself in order to sound again without thinking of the first day in the Senate. Ted signed it: get up to Massachusetts. It turned out Maya and her big hard skipper. As Humphrey Bogart would have said: a number of Senators needed to travel There is an anonymous quote that I This is the beginning of a beautiful in that direction, and when FRANK once read, which because of Ted’s friendship. For almost 25 years it was a learned of it, he kindly offered Senator faith—which was grounded and deeply beautiful friendship, as I worked at his Claiborne Pell, Ted, and myself a ride important to him—I think it describes side learning from the best. And, yes, with him. There was no discussion of how we should think of his departure like any colleague in the Senate, there sharing the cost. Everyone thought from the Senate. It says: were moments when we had a dif- FRANK was being very generous. I am standing upon the seashore. A ship at ference on one issue or another, but we But the next week, when we were re- my side spreads her white sails to the morn- always found a way to move forward in assembled on the floor of the Senate, ing breeze and starts for the blue ocean. She friendship and in our efforts to rep- official looking envelopes were deliv- is an object of beauty and strength. I stand and watch her until at length she hangs like ered to each of us under FRANK LAU- resent the State. a speck of white cloud just where the sea and TENBERG’s signature with exorbitant Teddy was the best natural teacher sky come down to mingle with each other. anyone in politics could ask for. I may expenses charged for this flight. Sen- Then, someone at my side says; ‘‘There, she not always have been the best student, ator Pell roared down the aisle, came is gone!’’ ‘‘Gone where?’’ Gone from my but he never stopped dispensing the up to me sputtering about this minor sight. That is all. She is just as large in mast lessons. I came to the Senate out of an little aircraft and how could it possibly and hull and spar as she was when she left activist grassroots political base, cost so much money. Senator LAUTEN- my side and she is just as able to bear her where the coin of the realm was issues BERG was red faced, protesting he knew load of living freight to her destined port. and policy positions. Activists are nothing about it, when out of the cor- Her diminished size is in me, not in her. And ner of my eye I spotted Ted Kennedy just at the moment when someone at my sometimes, as I learned, so issue fo- side says, ‘‘There, she is gone!’’ There are cused and intent that they can inad- up there by his desk with this big other eyes watching her coming, and other vertently look past the personal touch Cheshire cat grin starting to split a voices ready to take up the glad shout; or the emotional connection for fear gut, so pleased with himself. The mys- ‘‘Here she comes!’’ And that is dying. that it somehow distracts from the tery was solved. Ted had managed to That is the way Ted Kennedy will agenda. But Teddy, through his ac- secure a few sheets of Lautenberg sta- live in the Senate—his spirit, his tions, showed us how essential all of tionery, and he sent false bills to each words, and the fight that still comes. those other elements of political life of us. Mr. President, I yield the floor. are. He once told me his earliest recollec- The ACTING PRESIDENT pro tem- Yes, Tip O’Neill taught a generation tions were of pillow fights with his pore. The Senator from New Mexico. of Massachusetts politicians that all brother Jack and, in the years fol- Mr. BINGAMAN. Mr. President, first, politics is local. It was Teddy who went lowing, sailing with Jack. At the end of let me thank my colleague from Mas- beyond that and taught us that all pol- the day Ted’s job was the long and te- sachusetts for his eloquent statement itics is personal. All of us knew the dious task of folding and packing the which I have had the privilege to hear. kindness of Ted Kennedy at one time sails away. In politics and in the great Let me make a short statement myself or another, Mr. President. progressive battles that were his life’s about my friend and colleague, Ted During my first term in the Senate, I work, Ted never packed his sails away. Kennedy. came down with pneumonia. I was then Were he here today, he would exhort us I came to the Senate in January of single and tired and Ted deemed me to sail into the wind, as he did so many 1983, and my first real opportunity to not to be getting the care I ought to times. There is still so much to do, so work with Ted came in the Armed

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9197 Services Committee at the beginning that emphasized concrete improvements in cancer surgery and doing town hall meet- of that service. Although he had al- the lives of the poor, the old, the disabled, ings, you made the right choice!’’ ready been in the Senate for 20 years, children, the uninsured, the undocumented, And though he was dying, and I was hurt- he had chosen that year to go on the the medically or educationally disadvan- ing, he had me howling with laughter in the taged. recovery room as he made a few choice com- Armed Services Committee. Since we That phrase—focused, patient, un- ments, I cannot repeat this evening, about were both going on that year, in 1983, catheters. we were considered the two freshmen wavering service—is a good description As we all know, Teddy had a ferocious committee members. Ted and I were of the Ted Kennedy I knew as my sense of humor. able to work together on the Armed chairman and my friend, and I will In 1994, he was in the political fight of his Services Committee for many years. miss him very much. life against Mitt Romney. He has been described as a visionary The ACTING PRESIDENT pro tem- Before the first debate, held in Boston’s pore. The Senator from Connecticut. historic Faneuil Hall, I was with Teddy and leader, a great orator, the keeper of the Vicki and his team and, along with everyone faith for the liberal wing of the Demo- Mr. DODD. Mr. President, I also want to rise this morning to share some else, offering him advice. cratic Party. All of those descriptions, ‘‘Teddy,’’ I cautioned, ‘‘We Irish always of course, are true. But the Ted Ken- brief thoughts about our colleague talk too fast. Even if you know the answer to nedy I came to know and with whom I from Massachusetts. I want to com- a question, you have to pause, slow down, had the great opportunity to work was mend JOHN KERRY and JEFF BINGAMAN and at the very least appear thoughtful.’’ a passionate, committed advocate and for their comments capturing the good Out he went, and, of course, the first ques- was the workhorse of the Senate. qualities of the Senator from Massa- tion was something like this: ‘‘Senator, you’ve served the Commonwealth of Massa- Frankly, Ted Kennedy set a very high chusetts. This is a hall noted for a robust chusetts for nearly 35 years in the United standard for himself in the effort that States Senate. Explain, then, why this race he made on each and every issue that amount of noise, and it seems quiet is so close.’’ came up for debate. He set a high today because Teddy is not here. So we Teddy paused. And paused. And paused. standard for the homework he did in gather to share a few thoughts. Five seconds. Ten seconds. preparation for that debate. All of us Mr. President, I ask unanimous con- Finally, after what seemed like an eter- who served with him found ourselves sent to have printed in the RECORD nity, he answered. some remarks I made at the memorial After the debate, I said, ‘‘Good Lord, trying to meet a similar standard. The Teddy, I didn’t mean pause that long after result was that he raised the level of service for Senator Kennedy at the John F. Kennedy Library. the first question! What were you thinking performance for those of us who served about?’’ with him by the example he set. There being no objection, the mate- He looked at me and replied, ‘‘I was think- In addition to serving with Ted Ken- rial was ordered to be printed in the ing—that’s a damn good question! Why is nedy on the Armed Services Com- RECORD, as follows: this race so close?’’ mittee for many years, in May of 1990, WHAT A GOLDEN FRIEND I HAD In these last months of his life, I have so following the death of Senator Matsu- By Sen. Chris Dodd treasured our conversations. At 6:30 in the morning of July 16th, the naga, I had the good fortune to be as- Tonight, we gather to celebrate the incred- morning after his Senate health care com- signed to what was then called the ible American story of a man who made so mittee finished five weeks of exhausting Labor and Human Resources Com- many other American stories possible, my work on the bill he had written, and that I mittee—Ted’s committee. As chair- friend Teddy Kennedy. believe will be the greatest of his many leg- man, Ted gave a whole new meaning to Unlike his beloved brothers, his sister acies, my phone rang. Kathleen, and his nephews, Teddy was grant- the word ‘‘proactive’’ in that com- There was Teddy, beyond ecstatic that we ed the gift of time—he lived, as the Irish had finished our work, and that his com- mittee. The volume of useful legisla- poet suggested, not just to comb gray hair, tion he was able to move forward mittee had been the first to report a bill. but white hair. Always the competitor. through the committee was truly im- And if you look at what he achieved in his Teddy was never maudlin or self-pitying pressive. A major key to his success 77 years, it seems, at times, as if he lived for about his illness, but he was always fully was the way he found to underscore for centuries. aware of what was happening. all members the importance of what Generations of historians will, of course, Over the last year or so, Teddy got to the committee was working on. As chronicle his prolific efforts on behalf of oth- enjoy what is, of course, every Irishman’s ers. I will leave that to them. dream—and that is to attend your own eulo- chairman, he rightly saw it as his job Tonight, I just want to share some to put together the agenda and the pri- gies. That’s why we call the obituary page thoughts about my friend. the Irish sports page. orities for the committee’s work. But And what a friend he has been—a friend of And I know he enjoyed a uniquely Celtic before doing that he would sit down unbridled empathy, optimism, and full- kick out of hearing people who abhorred his with the rest of us over dinner at his throated joy. politics say incredibly nice things about house to get our views on what those Examples of that friendship are legion. him. priorities needed to be. The serious ap- I remember, many years ago, a close friend Volumes, of course, will be published by proach he took to the committee’s of mine passed away. Teddy didn’t know those attempting to unlock the mystery of him. why Teddy was such an effective legislator. work inspired those of us who served I was asked to say a few words at the fu- there to elevate the importance of that Was it his knowledge of parliamentary pro- neral. cedure? His political instincts? His pas- work in our own minds as well. As long as I live, I will never forget that, sionate oratory? His staff? During the course of our work in the as I stood at the pulpit and looked out over Please let me save the pundits and polit- Senate, each of us gets the opportunity the gathering, there was Teddy, sitting in ical scientists some time—and all of you to interact with many colleagues, to the back of the church. some money—and tell you what Teddy’s se- form judgments about those col- He obviously wasn’t there for my friend. cret was: People liked him. leagues. During my 27 years I have He was there for me, at my time of loss. Now, he always had a great staff, and great served with many capable and dedi- That was what it was like to have Teddy in ideas, but that only counts for so much in your corner. cated public servants who deserve rec- the United States Senate, if you lack the re- When our daughters Grace and Christina spect and admiration of your colleagues. ognition and praise. But it is clear to were born, first call I received was from And Teddy earned that respect. me none of us exceeds Ted Kennedy in Teddy. He arrived in Washington as the 30–year- our passion or commitment for accom- When I lost the Iowa caucuses last year, old brother of a sitting president and the at- plishing the work we have been sent to not that anyone thought I was going to win, torney general of the United States. do. first call I received was from Teddy and Many people drew their conclusions about Hendrick Hertzberg wrote a short Vicki. him before he spoke his first words in the piece in the New Yorker last week that When my sister passed away last month, Senate. first call I received was from Teddy, even captures well the Ted Kennedy with And over the years, he became a target of though he was well into the final summer of partisans who caricatured him as a dan- whom I was privileged to know and his own life. gerous liberal. serve. Mr. Hertzberg wrote: And two weeks ago, as I was coming out of Now, liberal he was, and very proud of it. The second half of his 47-year senatorial surgery, I got a call from Teddy, his unique But once you got to know him, as his Sen- career was a wonder of focused, patient, un- voice as loud and booming as ever. ‘‘Well,’’ ate colleagues did, you quickly learned he wavering service to a practical liberalism he roared, ‘‘Between going through prostate was no caricature.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9198 CONGRESSIONAL RECORD — SENATE September 10, 2009 He was a warm, passionate, thoughtful, We will remember him as a man who un- contributed the most to this body and tremendously funny man who loved his coun- derstood better than most that America is a our country. try, and loved the United States Senate. place of incredible opportunity, hope, and re- I was asked a couple of years ago to If you ever needed to find Teddy in the demption. help add a couple more names to that Senate chamber, all you had to do was to lis- He labored tirelessly to make those dreams ten for that distinctive thunderclap of a a reality for everyone. honor roll of renowned Members of this laugh, echoing across that hallowed hall as Those dreams, the ones he spoke of body. We concluded that Senator Van- he charmed his colleagues. throughout his life, live on like the eternal denberg, who made such a contribution He served in the Senate, as you all know, flame that marks President Kennedy’s grave, to the post-World War II foreign policy for almost a half-century alongside liberals the flame that Teddy and Bobby lit 46 years of our Nation, along with Senator Wag- and conservatives, Democrats and Repub- ago. ner of New York, who back in the 1920s licans, and he befriended them all with equal And in all the years I knew and loved him, and 1930s and 1940s was the author of gusto. that eternal flame has never failed to burn much of the social legislation that we It’s great, of course, to see his friends Sen- brightly in Teddy’s eyes. ators Orrin Hatch and John McCain here. Now, as he re-joins his brothers on that celebrate in this country today, were It is to their credit that they so often sup- hillside in Arlington, may the light from fine additions to those who had already ported Teddy’s efforts. that flame continue to illuminate our path been recognized in this reception room And, I say in some jest, it is to Teddy’s forward. just off the floor of the Senate. great credit that he so rarely supported And with the work of our own hands, and One day it will be appropriate to add theirs. the help of Almighty God, inspired by Ted- But Teddy’s personal friendships with our colleague and friend from Massa- dy’s example, may we lift up this great coun- chusetts, who deserves to be in that Orrin and John, and so many others, weren’t try that my friend Teddy loved so much. simply the polite working relationships that hall of celebrated heroes, having made make politics possible. Mr. DODD. I was very honored to be a significant contribution to this insti- They are the real and lasting bonds that asked by Mrs. Kennedy and her family tution and to the people of our coun- make the United States Senate work. to share some thoughts that evening, try. That’s what made Teddy one of our great- and I was proud to do so. But there are other ways to celebrate est Senators ever. I commend my colleague from Rhode Some people born with a famous name live him as well. I suspect that Senator Island, PATRICK KENNEDY, for his com- off of it. Others enrich theirs. Teddy en- Kennedy, if he had a chance to weigh in riched his. ments at his father’s funeral, and Ted- on how he would like to be recognized And, as we begin the task of summing up dy’s son Edward Kennedy, as well, who and remembered, might choose other all that he has done for his country, perhaps made wonderful comments about their means. we can begin by acknowledging this: father at that funeral service. There are very few issues over the John Fitzgerald Kennedy, inspired our A few short thoughts this morning, last half century on which Senator America; Robert Kennedy, challenged our and a proposal I wish to make to our Kennedy did not leave his mark, and a America; and our Teddy, changed our Amer- colleagues as we recognize the con- ica. good many of the most significant Nearly every important law passed in the tribution of Senator Kennedy. When we pieces of legislation that passed this last half century bears his mark, and a great consider how to pay tribute to our col- Senate in his time not only bear his many of them bear his name. leagues, we often try to devise monu- mark but bear his name as the author. Teddy was defined by his love of our coun- ments, to celebrate the work of those That, in a sense, is a monument, one try, his passion for public service, his abid- who served here and made a significant with a meaning far broader than any- ing faith, and his family. contribution to our country. It is not His much-adored Vicki, his children Kara, thing we might inscribe on any wall. Teddy, and Patrick, his step-children Caro- an easy task. I have tried to think Across America there are people who line and Curran, his grandchildren, nieces about what would be an appropriate might have lacked for an advocate had and nephews—all of you need to know, you way to celebrate, in some concrete Ted Kennedy not stood up for them, brought him unbounded joy and pleasure. way, the work of Ted Kennedy. He cer- people who can now stand up for them- Teddy was a man who lived for others. tainly has been, as our colleagues and selves with dignity and hope and a He was a champion for countless people others have pointed out over these last chance to make it in America because who otherwise might not have had one, and couple of weeks, one of the greatest he never quit on them, never gave up on the they had a friend by the name of Ed- belief that we could make tomorrow a better Members to ever serve in this body. ward Moore Kennedy. day. Never. I had the distinction and honor of These Americans are also a monu- Last August in Denver, one year to the day serving as the chairman of the Rules ment that I think Senator Kennedy before his passing, Teddy spoke at our na- Committee a few years ago. I was might say is fitting enough—that there tional convention. asked to complete some of the ovals in are people today doing better, living His gait was shaky, but his blue eyes were the reception room. For those who more secure lives, growing up with a clear, and his unmistakable voice rang with have not been to Washington, or to the sense of confidence and optimism strength. As he passed the torch to another young Capitol, there is a room a few feet from about their future and the future of our president, Teddy said: ‘‘The work begins where I am speaking here this morning country because of his contribution. anew. The hope rises again. And the dream called the reception room. It was de- That in itself is a great monument. lives on.’’ signed by the great artist, Brumidi, Perhaps we could consider the flood He spoke of the great fight of his life—en- and he intended that work to celebrate of tributes that have come from across suring that every American, regardless of the work of the Senate. the aisle as well as across the globe, their economic status, is guaranteed the In the mid-1950s, John Fitzgerald from those who shared in his crusade right to decent health care. We are all so saddened that he did not live Kennedy, then a freshman Senator for social justice and those who spent to see that won. from Massachusetts, was asked by the their careers opposing him, and those But in a few short days, we will return to leadership of this body to form a com- who never enjoyed the privilege of our work in Teddy’s Senate. mittee to identify the five most signifi- working alongside him. All understood The blistering days of August will be re- cant Senators who had served up until how important Senator Kennedy was, placed, I pray, by the cooler days of Sep- the 1950s. Then-Senator John Kennedy not only to this Nation but to millions tember. of Massachusetts went to work, review- And we will prevail in the way Teddy won of people around the globe who today so many victories for our country: by listen- ing the contributions of the people who lead better lives because he stood up ing to each other; by respecting each other served in this body since the founding for them even though they were not and the seriousness of the institution to of our Republic in 1789. He concluded citizens of our own country. which we belong, and where Teddy earned an there were five Members who deserved He understood that the Founders of immortal place in American history. recognition. The first three were the our Republic, when they talk about in- As he so eloquently eulogized his brother obvious ones: Clay, Calhoun, and Web- alienable rights, were not limiting Bobby 40 years ago, Teddy doesn’t need to be ster. The last two, Senator LaFollette those rights in our minds to those who enlarged in death beyond what he was in life. We will remember him for the largeness of of Wisconsin and Senator Taft of Ohio, happen to enjoy the privilege of being his spirit, the depth of his compassion, his were more controversial, but were ac- citizens of our country but knew that persistence in the face of adversity, and the cepted as fine contributions to that they were God-given rights that every breadth of his achievement. room that celebrates those who have human being is endowed with upon

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He believed in pounding that lives today because of his contribution. family, your nieces or nephews, your podium when it was appropriate. But Then perhaps we might consider sisters and brothers are out making a he also believed that at the end of the these tributes offered by our colleagues difference in the lives of others? day we best serve the people of our here and others, the literally thou- In a way, it is hard to decide what is great Nation when we respect each sands who lined up in those long hours an appropriate way to celebrate the life other and work together in common to pay tribute to their Senator from of someone who filled the room on so cause to solve the problems of our day. Massachusetts at the John F. Kennedy many occasions, not only with his Whatever history is made in the caucus Library, the more than 50,000 people in booming voice—as we all are familiar room of the Russell Senate Office Massachusetts who had known and re- with here, particularly the staff of the Building in the next century, I would spected, elected and reelected and re- Senate who would, many times, be the like to believe it will be guided by that elected and reelected, over and over only ones in this room as Ted Kennedy spirit of respect and good humor that again, their Senator. They appreciated would be pounding that podium back in Teddy Kennedy brought to this institu- him immensely for the work he did for that corner, expressing his passionate tion for almost a half century. Thus, them and their Commonwealth for al- views about some great cause of the may the Kennedy Caucus Room stand most 50 years. In itself that is a great country. But we remember also his de- as one monument to the contribution tribute. It would be enough, I think, termination that this country live up of a family what has made such a dif- for many of us, being recognized by the to its expectations, that it become the ference to our country. They devoted people of your State for having fought more perfect union that our Founders their considerable talents and energy on their behalf. described more than two centuries ago. and their lives to serving our Nation Teddy’s monument can be found in Today, I wish to make a suggestion that they loved and that loved them his talented and wonderful family as to my colleagues. I talked to the lead- back. well. JOE BIDEN talked about this in ership about it and to the Republican I yield the floor. the memorial service in the John Ken- leadership as well. Never before in the The ACTING PRESIDENT pro tem- nedy Library. When you consider this history of this country have three pore. The Senator from Rhode Island is remarkable family of Senator Kennedy brothers served in this Chamber: Jack recognized. and those of his brothers, their chil- Kennedy, Robert Kennedy and, of Mr. REED. Mr. President, I rise along dren, their nieces and nephews, it is a course, Teddy Kennedy. That has never with my colleague to pay tribute to an source of inspiration when you think of happened before in the history of our extraordinary American, probably the what each of them has done, the con- Nation. One of the rooms that has been greatest Senator to serve in this body. I think time will confirm that as we go tributions they have made. of similarly historic significance to our A few short weeks prior to Teddy’s Nation is the caucus room in the Rus- forward. I particularly want to express passing, he lost his sister Eunice, who sell Office Building. It has been the site my deepest sympathy to Vicki and was a wonderful friend of mine over of remarkable hearings and meetings. Kara and PATRICK and Ted Jr. I have many years. She did remarkable things Since its building almost a century had the privilege now of serving with as an individual. To think, millions of ago, that room has been very impor- Senator Ted Kennedy but also with people who suffer from mental disabil- tant. The hearings on the Titanic were Congressman PATRICK KENNEDY, and ities enjoy a greater respect today be- held in that room; the Watergate hear- both of these gentlemen have dem- onstrated zeal for public service and cause of one individual, Eunice Ken- ings, going back years ago, were held commitment and passion to help peo- nedy Shriver. Teddy’s brother Joe lost in that room. It is there that we have ple that has been emblematic of the his life in World War II, defending our commemorated tragedies. We have met Kennedy family. country and fighting for freedom. His to celebrate triumphs in that room. We I particularly am proud of PATRICK, sister Jean has done a remarkable job have gathered as Members with our his words at his father’s funeral. His with the very special arts in her con- spouses from time to time to share continued dedication to the people of tribution to the country. And then some quiet moments with each other Rhode Island is not only commendable look at his wonderful wife Vicki, who as we reflected on our responsibilities but inspiring to me and to all of us. was such an incredible source of here as Senators. We have held some of Like so many of my generation, I strength and inspiration for him during the greatest debates that have ever oc- grew up with the Kennedy family. In their life together and particularly curred in that room. It is there that 1960, John Kennedy carried the banner over the last 15 months. There is no Senator Kennedy’s Health Committee, of the Democratic Party as the Presi- doubt in my mind Teddy lived as long in which I was privileged to act as sort dential candidate. He won, but, as we as he did with brain cancer because of a fill-in for him over the last number understood then and now, we got the Vicki was at his side and took such of months, held 5 weeks of hearings and whole family, not just President John nurturing care of him and has done a debate and markup of a bill that con- Kennedy, and it was a remarkable fam- remarkable job providing all of us the cluded in the adoption of the health ily—his brother Robert, the Attorney opportunity to celebrate his life as we care reform legislation that he au- General and later the U.S. Senator all wished to do. thored. from New York, and then, of course, His children, grandchildren, nieces, It is in that room that Senator Ken- Ted Kennedy. nephews all are following Teddy’s ex- nedy’s brothers each announced their His contribution to the country and ample by making a difference in this candidacies for the Presidency of the to the world is probably unmatchable country. His son PATRICK I mentioned United States. Both Jack Kennedy and as we go forward in every area: health already, serves in the other body. His Robert Kennedy, in that very room, an- care, which was his particular passion son Teddy is a great friend of mine, nounced that they intended to seek and on which President Obama spoke lives in Connecticut and is making a that office. And it is there that I pro- so movingly last evening about his significant contribution as citizen of pose we affix the Kennedy name, not commitment to moving forward in this our State. He holds no office, doesn’t just as a monument to the things these Congress and finally achieving a dream have any title. He and his wife make a three brothers did as Senators and as that has alluded our country for years wonderful difference on many issues in colleagues of ours here, but in the spir- and years and years; his work with his our State every single day, and his it of compassion and compromise, the son PATRICK on mental health parity, daughter Kara, for whom he has such fierce advocacy and tender friendship which is so important. great affection, has also made her con- that Teddy and his brothers brought to On education, I had the privilege of tributions as well. That in itself can be this body. serving with him on the Education

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He had shared creation of the Pell grants and for so growth was not shared fairly or evenly, the same difficulties and challenges we many other initiatives in education. He executives getting huge salaries and face: children stricken with cancer, the not only worked with Senator Pell, bonuses and working men and women loss of his brothers and one of his sis- they developed a very deep and abiding were barely keeping up. In order to ters in an airplane crash, the human friendship. have a strong, prosperous economy, we reality. One of the impressive things about need a strong, prosperous middle class. And because he knew us, he never Ted Kennedy is that the public persona His work in terms of education and stopped working for us. was impressive, the private persona health care and labor—all of that had a His legacy is extraordinary. It will was equally impressive and extraor- purpose not only of helping individuals inspire and sustain us as we go forward. dinarily endearing. He was someone but, wisely, trying to establish an envi- His loss, not just to his family, which who had a great sense of camaraderie ronment for economic growth that we is considerable, but for all of us, is bal- and friendship and good humor. all could share. anced by how much he made us better, I can recall being invited to join Sen- He also served on the defense com- more attuned to the challenge of serv- ator Kennedy at the Pells’ home in mittee with me. And he was very per- ing America and leading the world. We Newport after Senator Pell retired. ceptive. He had spent many years view- will miss him. But our task now is to Every year, unannounced, without any ing the world, and his understanding of take up his work, to continue his ef- fanfare, Senator Kennedy would sail not only the military but the forces, fort. That is the greatest tribute we his boat up into Newport and insist on economic and cultural, that shape our can pay. Let us begin with this debate taking Senator Pell out for a cruise, interaction with other countries was on health care. and then they would all retire to the profound in its insights. He was, very I yield the floor. Pell home for a delightful supper. I was clearly, opposed to the operation in The PRESIDING OFFICER (Mrs. privileged to be there on a couple of oc- Iraq because he understood that it was GILLIBRAND.) The Senator from Kansas. casions. a strategic deviation from the real Mr. BROWNBACK. Madam President, Toward the end of his life, Senator task, which continues in Afghanistan, I rise to add my voice to those who Pell had difficulty moving around, but to root out al-Qaida, to stabilize the re- have already paid tribute to our friend Senator Kennedy would insist on com- gion, the most volatile region in the and colleague, the late Senator Ted ing every summer. The last outing, we country. That is just one example of Kennedy, who passed away this last literally had to carry Senator Pell his insight into the international month after a courageous battle with aboard. Senator Pell at that time was arena. cancer. not communicating as effectively as he There is a story, and it is attributed He was quite an institution. I came was previously, but he didn’t have to to either his brother John or to Sen- into this body in a seat held by an indi- because Senator Kennedy could take ator Kennedy, but I think it might be vidual who was quite an institution as both parts of the conversation—in fact, apropos for both. It might be slightly well. Bob Dole was in this seat. So I he could take multiple parts of the apocryphal, but either John or Ted, ac- know that when people look to the per- conversation. There was never a lost cording to the story, was standing out- son who follows after Ted Kennedy, word or a dull moment. It was a great side a factory and a worker came up you just can’t replace an individual opportunity to see an extraordinary and said: They tell me you have never like that who was such a towering fig- statesman but an extraordinary gen- worked a day in your life. tleman at the same time. ure in this body, was the lion of the And Kennedy was taken aback. Senate, as many have noted, and cer- He said famously about his brothers Then shortly, the worker said: Don’t tainly deserved that topic and that ac- that they lived to see the American worry, you haven’t missed anything. dream become reality, and he said fa- A family of great privilege, of great colade. mously that the dream lives on. But he opportunity, in fact worked every day While Senator Kennedy and I did not also, more than dreaming, tried to give of their lives, and particularly Ted see eye to eye on most political issues, substance, shape, and texture to that Kennedy, hard, relentlessly to ensure I admired him greatly as a colleague dream, effectively to try to ensure that that person coming out of the factory and certainly as a dedicated public opportunity was available to every had a chance. servant. Ted Kennedy fought for what American family, that they could use Finally, what I sensed when I was at he believed and did so with passion and their talent to build their family and the funeral service, which was extraor- conviction and incomparable ability. to secure their future and to contribute dinarily moving and inspirational, the When he was your opponent on an to a better America. That was why he outpouring of affection and regard for issue, you knew you had a fight on led on health care, because without Senator Kennedy, not by the dig- your hands, and when he was on your adequate health care, you cannot real- nitaries who assembled but by ordinary side, you knew you had an advocate ize your talents, your potential, and citizens of Massachusetts and here lin- who worked hard and effectively. you cannot contribute as much to this ing the route to Arlington, bespeaks a His skills as a legislator were un- great country. He led on education be- connection and a validation by the matched. I think really what was at cause it is the great engine that pulls American people of an individual who the core of that was he really enjoyed this Nation forward and individually had trials and tribulations but rose working with other people. He had gives people an opportunity to move up above it in constant service to the built relationships across the aisle and to help their families move for- country, in constant service to the peo- with individuals, so that he could per- ward. ple who do not have a voice, and con- sonally go to other individuals with On civil rights, he was a strong advo- stant service to those who need a that relationship he had built. Even cate. In fact, I think it is fair to say chance to help themselves, to help though there were huge disagreements that his first major speech was in favor their family, and to make the Nation a on policy issues on many other fronts, of the 1964 Civil Rights Act because he better place. It reminded me of words he had the personal relationships. To understood that the talent of America spoken about Franklin Delano Roo- him, I think, in many cases, it was a was not restricted to any group and sevelt. His cortege was moving through lot more about the person rather than that to meet the challenges of this Na- Washington, DC, and a man was visibly policy. I think that is a good lesson for tion and this world, we need the con- shaken and weeping. many of us to learn. He mastered the tribution and the participation of A reporter went up to him and said: legislative process, became one of the every American, regardless of race, re- You know, you are so upset, did you most effective Members of this body gardless of gender. know the President? and that this body has ever known. One

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9201 of the keys of his effectiveness was his killed in utero but instead that they The more our feelings diverge, the more tenacity and perseverance and attend- get here and, if people can’t handle deeply felt they are, the greater is our obli- ing to, in many cases, the unglamorous that issue in their families, that they gation to grant the sincerity and essential decency of our fellow citizens on the other details and the sometimes tedious put them up for adoption. We have side. work that goes into crafting and pass- adoption registries ready to go for peo- Ted Kennedy lived out that senti- ing a bill. ple who want to adopt a child who may ment every day. We salute his ability He also understood that getting have more difficulties. Working to- to work across party lines to achieve things done as a politician means com- gether we were able to find common consensus, to work on a piece of legis- promise. He had a great sense of when ground on protecting the dignity of lation until doubters became enthusi- to fight on principle and when to reach these precious Americans by providing astic supporters. He excelled in trans- out to the other side and arrive at an parents who receive a pre- or postnatal forming nays to yeas. Senator Kennedy agreement in order to advance the diagnosis of genetic disability with re- was a master of our own specialized cause for which he was fighting. I sources, information, and a network of world, and his legislative legacy stands think you can probably look back over support. the last decade or 15 years of this body I am so pleased to know Senator Ken- with those of the giants of this Cham- and no major piece of legislation nedy lived to see this bill passed and ber. He tackled what some see as the passed without Ted Kennedy’s finger- signed into law. It stands as an exam- great game of politics with gusto. But Ted Kennedy’s life’s work was prints somewhere around or on that ple of how we can find common ground not a game. Politics was not a contest piece of legislation. to advance the interests of all Ameri- staged for its own sake or in pursuit of Despite our political differences, I al- cans in spite of differences. This body power or prestige. Ted Kennedy was a ways found him to be professional, truly will not be the same place with- master not of the politics of the mo- courteous, thoughtful, and a caring in- out Ted Kennedy, without his rhetoric dividual. He was always looking for ment but of the politics of meaning. and his strong voice, his abilities as a Ted Kennedy’s task was to touch ways to find common ground and had a legislator. lives. He touched the family whose wonderful ability to win others over to My thoughts and prayers go out to children have health insurance because his side with that charm, Irish wit, his him and his family and friends. of the Children’s Health Insurance Pro- fellowship, and gregarious nature. And I yield the floor. gram he helped establish; the child who once he made an agreement, you could The PRESIDING OFFICER. The Sen- has a better chance at an education be- depend on him to be true to his word ator from Michigan. cause of his work on the No Child Left and honor in public an agreement he Mr. LEVIN. Madam President, I join Behind law. More Americans can fully had made in private. today with colleagues to pay tribute to Over the years, I had the opportunity the life and legacy of Senator Ted Ken- participate in our democracy because to work on several legislative issues nedy. Each of us has lost a friend with of the civil rights and voting rights with Senator Kennedy. As many testi- his passing—and all Americans—but es- legislation he pushed forward. We saw Ted Kennedy’s passion for fied, he was the best ally one could pecially those in need have lost a justice, tolerance, and understanding ever hope for. champion of government’s ability to again recently when we were working Most recently we worked together to bring light to dark places. All of us on the Matthew Shepard Local Law pass the Prenatally and Postnatally stand in awe of the lengthy record of Enforcement Hate Crimes Prevention Diagnosed Conditions Awareness Act, a accomplishment Senator Kennedy legislation. I quoted him during that pro-life piece of legislation. When I leaves us. It was a great privilege to debate on that legislation when the De- would travel around the country say- serve many years with Ted Kennedy on fense authorization bill was on the ing that Ted Kennedy and I had intro- the Armed Services Committee and to floor, and I quote him again now. He duced a pro-life piece of legislation to- witness firsthand the traits so well said: gether, many people would be quite known to Members of the Senate: the startled. I would explain what this was. tireless preparation, the intimate We want to be able to have a value system It was a piece of legislation that would that is Worthy for our brave men and women knowledge of the legislative process, to defend. They are fighting overseas for our encourage people, once they had a diag- the relentless focus on justice and values. One of the values is, we should not, nosis that their child had Down Syn- equality. in this country, in this democracy, permit drome in utero, not to abort the child Today our citizens are safer, our the kind of hatred and bigotry that has but instead to have the child, put to- military more capable, our troops bet- stained the history of this Nation over a con- gether an adoption registry of individ- ter equipped because of his service. siderable period of time. uals who were willing to adopt children Senator Kennedy approached his The children of our men and women with Down Syndrome. We have this work with diligence and dedication. in uniform have some of the best terrible plague in the country where 90 But he also knew that work goes more childcare available, thanks to the Na- percent of our children who are diag- smoothly when it is accomplished with tional Military Child Care Act Ted nosed with Down Syndrome never get friendship and good humor. It was pos- Kennedy championed in 1989. He was here; they are aborted. sible to disagree with Ted Kennedy but actively involved more recently fol- In our office we went to the dis- never to dislike him. His sense of lowing the outrages at Walter Reed ability community. We went to his sis- humor was contagious, and his concern Army Medical Center when we passed ter Eunice and talked with her about for those around him, from fellow Sen- the wounded warrior legislation in 2008. it. And I went to Ted. I remember how ators to staff, to the many often The lesson of Ted Kennedy’s life and effective his sister Eunice would be on unheralded people who make the Sen- career is that politics at its best is not lobbying Ted on this piece of legisla- ate function, ensured that he was loved a game to be refereed by TV pundits. It tion. Just this past year, when we were as well as respected throughout this is not a contest of poll numbers or a able to move things forward with it, I body. That love extends across lines of scorecard of grievances to nurse and fa- met with Eunice. She was obviously party and ideology, in part because of vors to return. Senator Kennedy struck getting more difficult and failing of that good humor and genuine concern many deals. He brokered many com- health at that point. She said: Is Teddy for others for which he is so rightly promises. He won many votes. But the being helpful? Is Teddy working with known. true majesty of his career is not to be you and helping? I would say: Yes, he But it was not just these qualities found in this Chamber, though his is, but you can always help us more that endeared Ted Kennedy to figures work was done here. His lesson for us is and push him more. And she did. What of all political persuasions. It was the that democracy is best understood in an effective team that was on pro- seriousness and good faith with which the homes and lives of its citizens. It is viding help for those especially with he approached ideas that differed from in the homes of families less burdened mental disabilities, even on this pro- his own. In 1983, this liberal Catholic by want. It is in the minds of children life piece of legislation that I hope will from Massachusetts traveled to the freed by education. It is in the relief of result in more people getting here who conservative Liberty Baptist College in parents who no longer fear for a child have disabilities so that they are not Virginia where he told the students: in need of medical care. It is in the

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9202 CONGRESSIONAL RECORD — SENATE September 10, 2009 souls of Americans who find inspira- thoughtful decision by someone re- beginning, I believe, with John Quincy tion in his triumph over tragedy and cently elected, to make sure that your Adams, Daniel Webster and Charles Sumner over his own shortcomings. It is in the first speech touches issues important and through . . . to his beloved and lamented hearts of the colleagues he leaves be- to the friends at home. He said he brother . . . hind who will be inspired to rededicate would make that speech one day. But Senator Wayne Morse stood to speak ourselves to a politics that recognizes he decided his first speech would be as well, and he made a prediction on our common humanity and seeks com- much different. the first day Ted Kennedy spoke in this mon ground in the pursuit of justice. On that day, with his first speech, Chamber. He said: My wife Barbara and I will always conscience and the cause of freedom [I]n my judgment, the junior Senator from keep in our hearts Vicki, the love of compelled Ted Kennedy to speak in- Massachusetts has already demonstrated that before he leaves the U.S. Senate, he will Ted’s life, and we will always remem- stead in eloquent support of the bill have made a record in this body that will list ber Ted’s love affair with the American the Senate was then debating. It was a him among the great Senators in the history people. measure President Kennedy proposed of the Senate. I yield the floor. nearly a year earlier. Now, less than 5 That prediction was made 45 years The PRESIDING OFFICER. The months after that terrible day in Dal- ago by Senator Wayne Morse of Or- Democratic whip. las, TX, when his brother was assas- egon. Mr. DURBIN. Madam President, sinated, the youngest Kennedy brother Edward Moore Kennedy was one of there was a historic moment on Capitol stood at the same desk his brother the greatest Senators not only of our Hill last night. The President of the John had used when he served the Sen- time but of all time. There was no bet- United States asked for a joint session ate, the same desk Ted Kennedy used ter advocate and no more determined of Congress to address one of the most for the 47 years he served in the Sen- fighter for civil rights and human important and controversial issues of ate. He presented more than a dozen rights. He was a son of privilege, but he our time. Emotions were running high letters he had received from religious was a man, despite that background, in the House Chamber as Members of leaders all urging Congress to pass the who identified with the poor and the the House and Senate gathered to hear Civil Rights Act and end the evil of dispossessed and the voiceless in Amer- the President. We know they ran high segregation in America. That was Ted ica. because there were expressions of sup- Kennedy’s first speech in the Senate. His fingerprints can be found on sig- port and disapproval during the Presi- He said: nificant legislation of the last half cen- dent’s speech. I sat with Harry Reid When religious leaders call on us to urge tury: health care, voting rights, wom- and other leaders from the Democratic passage of this bill, they are not mixing reli- en’s rights, gay rights, immigration re- side in the Senate and watched care- gion and politics. This is not a political form, worker safety, fair housing, con- fully as the speech unfolded. I thought issue. It is a moral issue to be resolved sumer protection, campaign finance re- the President was at his best, even through political means. form, sensible gun laws, national serv- under fire, with the high emotions in He continued. ice, minimum wage—the list goes on the Chamber. I wondered what the end- Religious leaders can preach, they can ad- and on. ing would be and how it would be re- vise, they can lead movements of social ac- He was a protector of the vulner- ceived. tion. But there comes a moment when per- able—of widows and orphans, the If Members will recall, at the end of suasion must be backed up by law to be ef- wounded and maimed, the grieving and the speech, the President referred to a fective. In the field of civil rights, that point dispossessed. He was a champion of has been reached. letter that had been sent to him by the people with disabilities. He believed we late Senator Ted Kennedy to be read He concluded by saying: should all be judged by what we can do, after the Senator had passed away. As My brother was the first President of the not by what we cannot do. the President referred to that letter, United States to say publicly that segrega- When I was asked by my local media tion was morally wrong. His heart and soul in Illinois, after Ted Kennedy’s pass- an amazing thing happened in that are in this bill. If his life and death had a Chamber filled with hundreds of hun- meaning, it was that we should not hate but ing, if there was something about him dreds of people. The emotions quieted love one another; we should use our powers that I knew that other people did not down. At one point, one could have not to create conditions of oppression that know, I said there was one thing most heard a pin drop in the House Chamber lead to violence, but conditions of freedom people did not know. As a result of an as President Obama recalled the legacy that lead to peace. It is in that spirit that I airplane crash early in his Senate ca- and the promise of the life of Senator hope the Senate will pass this bill. reer, where his broken body was Edward Kennedy. That first speech by Ted Kennedy dragged out of the plane by his Senate I came today to this seat on the Sen- bore so many of the qualities that colleague, Senator Birch Bayh of Indi- ate floor. It is not my ordinary desk, would define his public career. The ana, whose son now serves in this but it is the row where I sat for a num- moral courage to take on the most ur- Chamber, Ted Kennedy, with a broken ber of years as a new Member of the gent moral question of his time no back and ribs, went through a long pe- Senate. It was a particularly good as- matter how controversial, the deter- riod of convalescence and a lifetime of signment to sit in this row because be- mination to pick up his brother’s fallen problems as a result of that almost hind me was Paul Wellstone and then standard, the prodigious amount of fatal accident. Ted Kennedy. One never had any better work behind the scenes building alli- Those of us who were around him back-benchers than those two men. ances, and an optimist’s unshakable every day knew that Ted was in pain a Now they are both gone. faith that his beloved America would lot of the time—physical pain—because As I reflect on the absence, particu- become an even more just and decent of his back problems. If you had a press larly of Senator Kennedy, I recall for Nation. conference with Ted Kennedy, you history his first speech on the floor of Listening to Senator Kennedy’s brought a little stool that he could the Senate. It was April 9, 1964. Here is speech that day were some of the gi- perch on because standing caused pain. the amazing fact: This speech took ants of the Senate—Hubert Humphrey, You watched him as he labored to get place 16 months after he took his Sen- a man who more than anyone brought out of a chair trying to make sure he ate seat. That booming voice and pres- me to public life when he allowed me could stand and speak. But never a ence, which was so dominant in the to serve as an intern in his Senate of- word of complaint—not one. A physical Senate for decades, waited patiently fice. The first to speak was a man condition that might have created a for his turn, 16 months after the special whom I would come to know well, Sen- total disability for some other people election in Massachusetts that gave ator Paul Douglas of Illinois. He said: did not stop him. In addition to the in- him the Senate seat once held by his I have never heard an address of a more tellectual part of this man, there was brother John. When he rose to make truly noble and elevated tone. this physical commitment that he his first speech on April 9, 1964, he said He called the young Senator from would give whatever it took to serve he planned ‘‘to address issues affecting Massachusetts: his people in Massachusetts and serve the industry and employment in my A worthy continuer of the great traditions the causes and values which motivated home state [of Massachusetts],’’ a of the seat which he occupies in the Senate, his public life.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9203 He was an advocate for the elderly He was the driving force behind can- in public careers. They have done so throughout his career. Little did he re- cer research and speedier approval of much for this Nation. They will con- alize his passion would eventually af- drugs. He helped lead the fight to end tinue to do so, inspired by his example. fect him personally, as he served long discrimination by insurance companies We are saddened by his passing, but enough to qualify for Social Security against people with mental illness and we are determined to carry on. We and Medicare. addiction, which his son PATRICK has know if he were here today his voice He believed education was the key to managed to pick up that standard and would be booming on this floor for the the American dream and he worked help, with his father, pass that legisla- extension of unemployment benefits, tirelessly to extend it, helping to cre- tion, a bill which meant so much to making sure COBRA deductions are ate programs from Head Start for pre- Senator Paul Wellstone and so many still there for those who have lost schoolers to the Direct Lending pro- others, Pete Domenici included. work, not forgetting to increase the gram for college students. During the last few months of his minimum wage, making sure health He helped bring an end to apartheid life, he expended what little energy he care does not forget the tens of mil- in South Africa and violence in North- had left to urge us to pass health care, lions who are being left behind without ern Ireland. and that is why the President’s speech health insurance in this country. His office wrote more than 2,500 bills last night struck a chord with so many We are going to miss that booming and more than 300 of them became law. people. He continued to work hard at voice, but he is going to continue to be In addition, some 550 bills he cospon- his job, even on the phone, during the an inspiration to all of us. sored became law. Nearly every major last days of his life. Last year, at the Democratic Na- legislative achievement of his was ad- His son PATRICK said that while his tional Convention in Denver there was vanced with a Republican partner. father was hospitalized this last year a little breakfast for Ted. He gave a He was a genius at compromise, prin- for treatment in North Carolina and great speech at the convention, even cipled compromise. As someone said, Massachusetts, he would roam the though there was a question at the last he was able to maintain a sense of halls of the hospital—you can just see moment as to whether he would be able idealism in setting goals and realism in him—asking other cancer patients and to physically do it. At that breakfast, achieving them. He had an optimist’s their families how they were doing and Vicki, his wife, came up to me and she willingness to settle for progress, not how they were managing their bills. handed me this little plastic bracelet, perfection. It was from his bother Jack, he said, Some of the answers, they said, broke and she said: I thought you might want that he learned the most important his heart. to have this. It has written on it one lesson: that you have to take issues se- He was ready to come back and vote word: ‘‘Tedstrong.’’ Well, I put that bracelet on, and I riously, but do not take yourself too on health insurance reform if the vote seriously. As we all know, he was gra- was needed. Even in the closing days of just took it off for the first time since cious and generous in sharing credit for his life, Senator REID, reaching out to then at this moment. I will not be success. But he also, because of the suf- Vicki, knew that Ted would be there if wearing this bracelet, but it will be in fering in his life through his family and his vote made the difference, even if it my Senate desk, and each time I open personally, developed this heart of was the last physical act of his life. it, I will remember that great man, Ted gold, this empathy for other people and Just as he implored the Senate in his Kennedy. their own misfortunes. first speech so many years ago to pass Thank you, Madam President. If one of his colleagues in the U.S. the civil rights bill in honor of his The PRESIDING OFFICER. The Sen- Senate had something bad come their brother, the fallen President, we all ator from Tennessee. way, you could almost bet the first call know that Senator Kennedy, were he Mr. ALEXANDER. Madam President, they would receive would be from Ted here today, would urge us to finish the the assistant Democratic leader, in his Kennedy, regardless of which side of cause of his life and make affordable eloquent remarks, mentioned Ted Ken- the aisle you were on. He would be the health care for every American a right, nedy’s maiden address, which is a tra- first to talk about some misfortune or not a privilege. dition we have here in the Senate. We illness in your family. How he learned It is our obligation to search in good try to wait for an appropriate time be- this so quickly we never figured out, faith, as he did so often, for the prin- fore we say much, and then we try to but the Kennedy network was there cipled compromise that will enable us say something we think makes a dif- gathering that information, making to finish this urgent moral challenge of ference. certain he always offered a helping our time in the name of Ted Kennedy. I waited an appropriate time and hand and a pat on the shoulder if you I was fortunate to attend the memo- made some remarks on the floor in sup- needed it. rial service in Boston at Our Lady of port of legislation that would help put Health care was such an important Perpetual Help—a packed church with the teaching of American history and part of his public career—decent, af- hundreds standing in the rain outside, civics back in its rightful place in our fordable health care, as a right but not wishing they could attend. Thousands schools so our children could grow up as a privilege. And he did more than had passed by to see his remains and to learning what it means to be an Amer- anyone in our Nation’s history to ad- pay a tribute to him over the final ican. I know the Presiding Officer has a vance that noble cause. days. It was a great sendoff to a great great interest in that subject as well, He voted to create Medicare and man. and she and I have worked on that to- Medicaid, protecting those programs I was so touched by his family—that gether. I proposed that we create sum- for decades. Community health centers extended Kennedy family—starting mer academies for outstanding teach- were a Kennedy initiative in 1966. How with Vicki, his best ally in his life, a ers and students of United States his- much good that has done for America woman who stood by him through tory. is incalculable. those tough times in the closing Ted Kennedy was on the floor. He was He was the chief architect of the WIC months of his life, his children, neph- the chairman or ranking member of program, the COBRA law, and the ews, nieces, grandchildren. All of them the committee that handled that at the Ryan White Act. Fewer Americans are gathered. As they went to take Com- time. He came over afterwards and forced to make the agonizing choice of munion, JOHN MCCAIN leaned over to said: I will get you some cosponsors. keeping their job or caring for a loved me and said: You can see the map of The next thing I knew, he had 20 Demo- one who is sick because Ted Kennedy Ireland on all those faces. And you cratic cosponsors for my little bitty helped pass the Family and Medical could. It was a great gathering of the bill that I had introduced. However Leave Act. Kennedy clan. well I thought of him before that, I Eleven million children of low-in- I want to express my condolences not thought even better of him after that. come working parents are able to see a only to the family but to the great I think it is a small example of why he doctor this year—11 million of our Kennedy staff, always regarded as the was so effective here in what he cared young kids in America—because Ted best on Capitol Hill. Ted Kennedy not about. Kennedy helped create the Children’s only did great work, he helped build I remember him talking about taking Health Insurance Program. great people, who continue to serve us his family—his extended family—once

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9204 CONGRESSIONAL RECORD — SENATE September 10, 2009 a year to some important place in North Carolina and Everett Dirksen, health issues. So even though I was America, some place that made a dif- and won a battle over one man, one new to the Senate, he came to me when ference. He was especially taken with vote. I was the legislative assistant on he was managing a bill on the floor to their trip to Richmond, I believe it this side and Jim Flug, the longtime protect the rights of women who were was, where they went to the place friend and aide of Senator Kennedy, trying to get into reproductive health where Patrick Henry went down on one was the legislative assistant on that care clinics. At that time, protesters knee and made his famous address. I side. were blocking the entrances to the guess one reason he was so interested I am here today, as we all are, to pay health care clinics so the women could in U.S. history was because he and his our respects to Senator Kennedy. not get in and get treated. So Senator family were and are such a consequen- Maybe some of us can help with some Kennedy wrote a bill that simply said: tial part of it, but he made a big dif- of that unfinished business, such as It is fine to express your views, but you ference in what we call the teaching helping to make sure we expand the cannot block women or individuals and learning of traditional American idea of teaching American history in from entering those clinics. It is dan- history. our national parks to larger numbers gerous, it is wrong, and you are deny- On another occasion, he called me up of outstanding teachers and to out- ing women health care. Senator Ken- to his hideaway—he had been here long standing students of U.S. history; and nedy asked me if I would be his lieuten- enough to have a great room some- continuing the effort to do something ant—that was his word, his ‘‘lieuten- where; I do not know where it is, but it about the long lines of adults in Amer- ant’’—and help him manage that bill has a great view of the Capitol—to talk ica who are waiting to learn our com- on the floor of the Senate. Well, clear- about Gettysburg and what we could do mon language—English. Ted was very ly, I was so pleased. It was such a thrill to preserve that. interested in that, as I am. But most of to watch him work and, as did so many Then, we were working together, all, what I wish to say is what I believe of Ted Kennedy’s bills, it passed and it when he died, with Senator BYRD, who most of us feel: We will miss him. We became the law of the land and women has been such a champion through U.S. will miss his big voice, we will miss his can get health care without being in- history, on legislation that would tie big smile, and we will miss his big pres- timidated and frightened and harmed. Later, when he was championing the the teaching of American history to ence. our national parks, which we are cele- Thank you, Madam President. I yield bill to increase the minimum wage— brating this year, with Ken Burns’ new the floor. and he did it year after year after movie, and with other ways to try to The PRESIDING OFFICER. The Sen- year—he asked me and the other help use those nearly 400 national park ator from California. women of the Senate to come to the sites we have to teach American his- Mrs. BOXER. Madam President, I am floor and to organize and speak about tory. deeply honored to pay tribute to Ted the impact raising the minimum wage He and I and David McCullough had Kennedy today and to honor his ex- would have on women and families breakfast, for example, and talked traordinary legacy. across the country. He said: BARBARA, about David McCullough teaching a I will always think of Ted Kennedy you know, 60 percent of the people group of teachers about John Adams at as many think of him—as the lion of earning minimum wage are women. A the John Adams House in Massachu- the Senate. From that seat, in that lot of our colleagues think it is teen- setts, as one example. Then, of course, seat in the back of this beautiful Sen- agers. That is not true. It is women. that turned to what was Ted Kennedy ate Chamber, he used his powerful They are supporting their families. Can going to do about finding an appro- voice to speak out for those whose you help me with this? I said: Senator, I am all over it. I am with you. priate place to honor John Adams in voices were rarely heard. I also have The women of the Senate had a spe- Washington, DC. That was another described Ted as the drummer in a cial role to come to the floor—unfortu- large orchestra. Ted Kennedy was a piece of unfinished business Ted Ken- nately, for 9 years in a row—until we steady drumbeat—a steady drumbeat nedy left that others of us will have to made the case that it was important for justice, for fairness, for compassion, continue to work on. That is why he America’s families, working so hard, and for progress. On days when the got along so well here. can actually afford to live in this, the When he cast his 15,000th vote, I re- Senate wasn’t that interested in listen- greatest country of all. member saying the sure-fire way to ing; on days when maybe the polls were Although Ted had deeply held views, bring a Republican audience to its feet against him; on days when his compas- he worked beautifully with Members was to make an impassioned speech sion might not have been in fashion, across the aisle. We have colleague against high taxes, against more Fed- that drumbeat got louder and louder after colleague coming down to speak eral control, and against Ted Kennedy, and louder because Ted Kennedy knew about their experiences. He was an ex- and he laughed that great big laugh of that at the end of the day, the values pert at finding the thread of common his. But it was true. But almost every- he stood for would be embraced again. ground. Sometimes it was just a tiny one on this side will say there was no Ted never let us forget why we are little strand of commonality, but he one on that side who we would rather here—never. He always reminded us to could weave it into something bigger work with on a specific piece of legisla- be courageous. He always reminded us and bigger and come to an agreement tion because no matter how much we to be strong in fighting for the causes without losing his principles. might disagree with him—and we cer- we believe in, not by lecturing us about Ted’s legislative work has touched tainly did on many issues—when it got it but by being brave, being strong, the lives of every American, and I to the point where it was time to de- being courageous, taking on the tough think it is going to take 5, 6, 7, 10 of us cide: Can we do something? he was issues. He spent 9 long years standing to pick up this void he has left. I am so ready to do something. And his word in the back of the Chamber talking proud that TOM HARKIN, who has come was good. And his ability to help pass about raising the minimum wage and to the floor, will be the chairman of an important piece of legislation was explaining why people needed it—9 long the HELP Committee because TOM unquestioned. Plus, we liked him. We years—but he knew the drumbeat shared with Ted those deep feelings liked his spirit, and we liked his per- would go on until we passed it. And we about us being here not to champion sonality. did. the voices of those who have a strong My first engagement with Senator Ted Kennedy had genuine and deep voice and are heard but for those who Kennedy was as a very young man friendships in the Senate on both sides don’t have a strong voice: the middle when I came here in 1967 as a young of the aisle. His greatest legislative class, the workers, the working poor, aide to then-Senator Howard Baker. skill was to know every Senator and to the families, the children. They don’t Senator Baker, who was the son-in-law know their passions. When I first came have a voice here. of Senator Dirksen, then the Repub- to the Senate in the early 1990s, I had Ted Kennedy worked to help get 18- lican leader, teamed up with Ted Ken- spent 10 years in the House and Sen- year-olds the right to vote. He made it nedy, the younger brother of the ator Kennedy was already an icon, but easier for Americans to change jobs former President, and they took on the he knew I was passionate about health and keep their health insurance. He ex- lions of the Senate, Sam Ervin of issues and, in particular, women’s panded Head Start Programs. He wrote

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9205 the law creating Meals-on-Wheels. He like for someone without the financial I remember when Alan Simpson and I was the driving force behind the Civil resources or someone who had an in- were the two most junior Republicans, Rights Act of 1964, the Americans with surance company walk away from and as we were trying to get situated Disabilities Act, and the Family and them at the time they needed it the there at the end of the row of seats of Medical Leave Act. Many of these Sen- most, they needed help the most. committee members, one of the camera ator HARKIN and he partnered up on. He Ted Kennedy could put himself in men bumped Al’s head with his camera, led efforts to reform the Nation’s im- other people’s shoes, and that is what and Al told him he should not do that migration system—never a popular he did every single day. Even when it again because he might have a hard issue, a tough, hard issue. He worked to was hard for him to get up from his time finding his camera—or some increase competition in the airline in- chair, he stood and he fought. As he words to that effect. But what a day of dustry. He worked to protect women said during his concession speech at excitement and interest. That is the from violent crime. the 1980 Democratic National Conven- kind of excitement Ted Kennedy Virtually every major health care ad- tion: ‘‘For all those whose cares have brought not only to the Judiciary Com- vance of the last four decades bears his been our concern, the work goes on, mittee and his leadership as a brand mark—Whether it is the CHIP pro- the cause endures, the hope still lives, new chairman, but his entire career re- gram, the Ryan White CARE Act, and the dream shall never die.’’ flected that kind of exuberance. People COBRA, the mental health parity bill I say to Ted and to his family, I be- responded and reacted to him in a very or increased funding for cancer re- lieve these words are true. The hope positive way in the Senate. search. The list goes on and on and on. still lives and the dream shall never We could make a long list of the Senator Kennedy was once asked die. things he did in terms of legislative ac- what his best quality was as a legis- Thank you. complishments and political leadership lator, and he answered with a single The PRESIDING OFFICER. The Sen- in the Senate. But he was a good per- word: ‘‘Persistence.’’ Persistence. That ator from Mississippi. son. He was a thoughtful person and is a message to all of us on both sides Mr. COCHRAN. Madam President, it generous with his house. He invited all of the aisle. If you believe something in is difficult to imagine or accept the the members of the Judiciary Com- your heart is right, you don’t give up. fact that Ted Kennedy is no longer mittee to come out for dinner at his You don’t give up because progress serving in the Senate. He was such a house in Washington. What a nice, takes time. Piece by piece, every year, presence here, a big man with a big thoughtful thing to do, and what an ex- for almost half a century, he advanced smile and a bigger heart. He was sym- citing evening it turned out to be. Ev- the causes he believed in: expanding pathetic to those in need and willing to eryone enjoyed it enormously. access to health care, educating our do all he could to address their needs. Ted Kennedy became a very deter- children, extending civil rights, help- He got results, improving and expand- mined advocate for serious reforms, ing our society’s least fortunate. ing Federal programs to make avail- and he left an impressive record of leg- I will say, if we were in danger of los- able education and nutrition benefits islative accomplishments and pro- ing our way in the Senate, Senator Ted to more Americans than ever before. tecting and enlarging the civil rights of Kennedy held steady. He stayed true to I first met the Senator from Massa- ordinary citizens. his ideals. That is why it is fitting that chusetts when he was running in his I came to respect Senator Kennedy his new biography is entitled ‘‘True first campaign for the Senate in 1962. It and appreciate his friendship over the Compass.’’ In many ways, he was a was a happenstance meeting. I was an years we served together in the Senate. compass in the Senate. instructor at the Naval Officer’s Can- His personal qualities, his generosity, I wish to thank the people of Massa- didate School in Newport, RI, and a and his serious commitment to fairness chusetts for sending Ted Kennedy to us friend had invited me up to Hyannis and assistance for those who needed for these last 47 years. He loved his Port during the weekend. I ended up at help from their government will long State. He fought for you and he fought Ted and Joan Kennedy’s house. He was be remembered and appreciated. for all Americans. there working with his friends from May he rest in peace. I wish to thank his wife Vicki, who Massachusetts on fund-raising activi- The PRESIDING OFFICER. The Sen- gave him so much joy, and the entire ties. We exchanged greetings. He said: ator from Vermont is recognized. Kennedy family for sharing Ted Ken- You are in law school? Mr. LEAHY. Madam President, I nedy with us. I said: Yes, I am. thank my dear friend from Mississippi I will miss his warm and engaging He said: It is hard as hell, isn’t it? for his kind words. I know they will be presence, his sense of humor, his bel- I said: It sure is. appreciated by the Kennedy family. lowing laughter, and the way he Well, that was about all the con- Madam President, when I heard the reached out to all Senators in friend- versation we had that day and I had no Senator from Mississippi, and before ship. No one person will ever be able to idea, first of all, how his campaign him the Senator from Illinois, the Sen- fill his shoes. No one. He was one of a would turn out and certainly the most ator from California, the Senator from kind and irreplaceable. But we know remote thing in my mind would have Massachusetts, and others who have how to honor his legacy. We know how been my being a Member of the Senate. spoken, it brought back so many to fill this void and that is by con- But he and his wife Joan were spending memories. On August 26, very early in tinuing his life’s work. I believe the the summer in Hyannis Port near the the morning, we heard the news about most fitting tribute we can give him is other Kennedy family members, so I Senator Kennedy. Marcelle and I knew to carry on his fight for a quality edu- was getting to see some of them as well that day was coming. We knew the day cation for all our children, affordable as enjoying the New England weather; was coming and that we would lose a health care our families can rely on the ambiance in the summer was a real close friend of over 35 years, but our and an economy that works for every- treat. But instead of politics, we talked farmhouse in Vermont was still filled one. about how hard law school was. with grief upon the learning of the Ted Kennedy came from a privileged I didn’t think I would ever see him news. We walked back and forth on the and renowned family, but he saw so again. I had no reason to think I would, road in front of the house, looking out much suffering in his lifetime, so much much less end up serving in the Senate over the mountains and finding it hard loss. He saw what happens in your fam- with him and serving the day he took to put into words how we felt. ily when two of your three children charge as chairman of the Judiciary We left Vermont to come down and have cancer. Even though you have Committee from my predecessor in the join Vicki, such a dear and wonderful every bit of financial stability to give Senate, James O. Eastland. It was a person, and all of Senator Kennedy’s them what they need, he saw how hard day that attracted a lot of attention. family at the memorial service in Bos- it was. And then to have another child The hearing room was absolutely full ton, where so many offered touching with an addiction and the pain of that. of people. As a matter of fact, the news stories of how they remembered Sen- So what Senator Ted Kennedy under- media was all over the place. It was ator Kennedy. stood is, if it is so hard for me to see hard to get near the seats of the com- Ted Kennedy, Jr., gave an incredibly my children suffer, what must it be mittee members. moving tribute to his father. I told him

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9206 CONGRESSIONAL RECORD — SENATE September 10, 2009 afterward that was the kind of eulogy about Robert Kennedy—the two of us— His sense of history and of our coun- Senator Kennedy would have liked. It and I gave that photograph to Ted a try and his firm and constant belief in was so Irish. Ted Kennedy, Jr., made us few years ago because I found it in my America’s promise and America’s fu- all laugh, and he made us all cry, al- archives. He chuckled and talked about ture was inspiring. His willingness to most in the same sentence. How Irish, how young we looked, and then he spend time with the most junior Sen- how Kennedy, but how true were the asked for another copy so he could sign ators as with all others of both parties emotions of every man and woman in one to me. That day we sat there and made him a Senator’s Senator. I think that church—from the President, to talked about his brothers—obviously, every single Senator, Republican or the Vice President, to former Presi- the President, John Kennedy; Senator Democrat, would agree he was a Sen- dents, to Senators, to Members of the Robert Kennedy; and also his brother, ator’s Senator. House, to close friends, and to so many Joe Kennedy, who had died. I talked It is easy in politics to appeal to the of the Kennedy family. about being interviewed by Robert self-interests in each of us. Ted Ken- I think of being sworn into this body Kennedy, who was Attorney General, nedy appealed to the best in us, to the as a 34-year-old nervous Senator. One when he invited me down to the De- American verities that are written not of the first people who came up to partment of Justice. I was a young law on water but in stone. He appealed to shake my hand after being sworn in student, and he talked to me about the our sense of justice, to our sense of re- was Ted Kennedy, then Mike Mansfield possibility of a career in the Depart- sponsibility to each other, and to our and Howard Baker. I was awed to think ment of Justice. That talk meant so uniquely American sense of hope and I was in the presence of such people. much to me, and his brother told me possibility. In the Senate, he labored to After serving with Ted for 35 years how independent the Department of help reach bipartisan progress on and speaking with him almost every Justice must be, even from the Presi- health care, education, civil rights, single day, I look over at his desk, at dent of the United States. We never voting rights, immigration reform, and something I have seen over the 35 years have enough time in this body, and a so much more. when we have lost colleagues, but I rollcall started and that conversation Madam President, the powerful have don’t know of any time it has hurt so stopped. But I remember every bit of never lacked champions. Ted Kennedy much to see the black drape across the that so much. was a champion for ordinary Ameri- desk, to see the vase of white flowers. I remember after that time we cam- cans and for those who struggle, those I went by there yesterday and just put paigned for Robert Kennedy, the next who do not have a champion. He be- my hand on the desk. I will admit I was time I saw him was here when I was a lieved everyone in this great land de- overcome with emotion and left the Senator-elect. As a former young pros- served the opportunity to pursue the floor. ecutor, I walked into his office with American dream. I have so many memories, as we all trepidation and almost thinking I was I thought last night at the Presi- do, of my friendship with Ted. Senator going into the inner sanctum. I was dent’s speech—I talked before the DURBIN spoke about how Ted Kennedy going to talk with him about what speech with Mrs. Kennedy and after the had a way of—no matter who you were, committees I might go on. This great speech with Senator Kennedy’s three if you had tragedy in your family or an voice said: Good morning, Senator. children. It was just impossible to fully Coming from him, I turned around, illness or something had happened, he put into words how much I miss him. assuming another Senator was walking Marcelle and I miss our friend dearly, would call or write, and he would offer in behind me, and I realized he was but we know it was a privilege to call help. It made no difference who you talking to me. him our friend. It was a privilege to were. Ted’s wonderful wife Vicki was part serve alongside such a public servant I was very close to my father. He had of a small book club, and my wife dedicated as he was to making better met Ted a number of times. When my Marcelle was in that. The days they the lives of millions of his fellow Amer- father passed away, virtually the first would meet, Ted would come up and icans. telephone call my mother received that put his arm around my shoulder and It is a sad passing of an era, but Ted morning was from Ted Kennedy. I re- say, ‘‘PATRICK, we are in trouble today. Kennedy would also tell us it is a time member my mother taking comfort in Our wives are meeting, and tonight we to look to the future. that. are going to get our marching orders.’’ Madam President, I close with this. I Senator Kennedy’s office is just one You know what, Madam President. He always thought when I left the Senate floor below mine in the Russell Senate was right. I would say farewell to this body and Building. We both have stayed there all All of the years I served on the Judi- Ted Kennedy would be here to wish me these years. On many occasions, espe- ciary Committee, until this past year, Godspeed. I wish him Godspeed. cially when he was going for a vote, we I sat beside him. I am going to miss The PRESIDING OFFICER. The Sen- could hear his great laugh echoing him on that committee. I am going to ator from Utah. down the halls, and it would change miss his help and advice. I am going to Mr. HATCH. Madam President, I our whole mood, our whole day. We miss him on the Senate floor because thank all of our colleagues who have often talked about the bond of the New not having him with us in the Senate is taken the time to come to the floor to England Irish and spoke about that going to make a huge difference in ne- speak for and on behalf of our great again when we came back from Pope gotiations on legislation, whether it is friend and colleague, Senator Ted Ken- Paul John II’s funeral and refueled the on a current issue of health care re- nedy. I particularly enjoyed the re- plane in Ireland. It was like following form or any other issue. marks of the distinguished Senator the Pied Piper at Shannon Airport. I remember one meeting with Ronald from Vermont who served with him for There were paintings of President Ken- Reagan when he was President. The 35 years. I only served 33 years with nedy there. The Senator from Iowa re- President turned to Ted—and several of Ted. I thank them for the remarks and members that. us, Republicans and Democrats, were the reverence most everybody has had As we walked through, Ted Kennedy meeting with him—and said, ‘‘Thank for our departed colleague. and CHRIS DODD were telling Irish sto- goodness you’re here, Ted. You are I rise today to offer my remarks on ries. There are memories of when Ted bringing us together.’’ the passing of my dear friend and col- was walking the dogs outside of Russell That difference extended beyond our league, Senator Ted Kennedy. Over this Building, and we would talk and chat, shores. He personally made such a dif- past recess, America lost one of its saying: How is your family? How is this ference in bringing peace to Ireland greatest leaders and this Chamber lost one or that one? and ending apartheid in South Africa. I one of its most dynamic and important After Ted died, one of our newspapers remember going with President Clinton Members. I mourn the loss not only of in Vermont had a front-page picture after the peace agreement, and every- a respected colleague but of a dear per- that my wife Marcelle had taken back body—while they would thank the sonal friend. I think I speak for all my in 1968. It showed a young Ted Kennedy Prime Minister of Ireland and Great colleagues when I say that Senator in Vermont campaigning for his broth- Britain and President Clinton, they all Kennedy will be missed and that the er Robert and talking with an even wanted to come over and thank Ted Senate is a lesser place without him younger State attorney. We talked Kennedy. here.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9207 People have often remarked about Our final collaboration came just Because of his optimism and hope for the working relationship I had with this year in the form of the Edward M. our Nation’s future, Senator Kennedy Senator Kennedy, oftentimes calling us Kennedy Serve America Act, which I was, throughout his career in the Sen- the ‘‘odd couple.’’ We used to laugh was pleased to name after Senator Ken- ate, a great practitioner of the Latin about that. But the truth be told, he nedy right here on the floor. He came motto ‘‘carpe diem,’’ ‘‘seize the day.’’ and I really didn’t agree on a lot of up afterward, and we hugged each Few worked harder day-in and day-out things. Over the years, Senator Ken- other. Then we went back to the Presi- than Senator Kennedy. As a result, nedy and I were on opposite sides of dent’s Room, and he had pictures, even every Senator had to work a little bit some of the fiercest battles in this though he was not feeling well. He had harder, either to follow his lead if you Chamber’s history. While we have long so many pictures with so many people were on the same side of the issue or to been good friends, we did not pull any who were involved. stand in his way if you were the opposi- punches on one another. If we were op- All of our bills passed because of the tion. I have been in both positions. I posing one another in a debate, Sen- willingness of Senator Kennedy and am not saying it was inherently dif- ator Kennedy would come to the floor myself to put consensus ahead of par- ficult to work with Senator Kennedy. and, in his classic style, he would lay tisanship—something we see far too in- But as anyone who has negotiated a into me with his voice raised—and he frequently in Washington. tough piece of legislation can tell you, had a terrific voice—and his arms flail- It is axiomatic in politics that tim- it can be sheer drudgery, even when ing. Of course, I would let him have it ing is crucial. No one understood or you agree on most issues. But Senator right back. Then, after he finished, he practiced that principle better than Kennedy brought a sense of joy even to would finally come over and put his Senator Kennedy. He had a sixth sense the most contentious negotiating ses- arm around me and say: How was that? and an open mind to notice when the sions. And when you were working with I would always laugh about it, as we time was ripe for the key compromise. Senator Kennedy, you knew he would did. We laughed at each other all the He knew when to let events sift and keep his word. If after these long ses- time. when it was time to close the deal. sions an agreement was reached, he That is what set Senator Kennedy More importantly, he knew when he would stick by it no matter how much apart from many in Washington. For should stick to his guns and when he heat he would have to take. him, politics rarely got personal. He needed to reach across the aisle to get All this was no doubt the result of his was never afraid to voice his disagree- the help of his Republican colleagues. love for this great institution and his ment with the views of a fellow Sen- He was always able to recognize and commitment to the American people. ator. But, in the end, I believe he al- work with those who shared his goals, Political differences notwithstanding, ways maintained a warm and cordial even if they had different ideas on how there can never be any doubt about relationship with almost every one of to achieve them. Senator Kennedy’s patriotism. his colleagues. That is difficult to do I will never forget, after I had made Few had a presence in the Senate as sometimes, particularly when partisan the deciding vote on civil rights for in- large as Senator Kennedy’s. More often tempers flare up, but it always seemed stitutionalized persons—it was a Birch than not, you could hear him coming to come easy for Senator Kennedy. Bayh-Hatch bill, and Birch had led the down the hall—a mini-hurricane with a Despite our tendency to disagree on fight on the floor, and so did I. bevy of aides in tow, a batch of amend- almost everything, Senator Kennedy Later came the Voting Rights Act. I ments in one hand and a stack of talk- and I were able to reach common felt very strongly about not putting ing points in the other. He was almost ground on many important occasions the effects test in section 2. I had no always effective but seldom very quiet. and on some important issues. problem with it in section 5, but I did I also want to share a few thoughts As I mentioned at the recent memo- not want it in section 2 so that it ap- about his staff. While at the end of the rial service, one of my defining mo- plied to all the other States. I lost in day the full responsibility of the Sen- ments as a Senator came when I met committee. I voted for the bill out of ate falls squarely on the shoulders of with two families from Provo, UT. The committee because I considered the each Senator, it is also true that dur- parents in these families were humble Voting Rights Act the most important ing the day and often long into the and hard working, and they were able civil rights bill in history. night and on many weekends much of to provide food and clothing and shel- The day they were going to have the the work of the Senate is conducted by ter for their children. But the one ne- bill signed at the White House, he a group of the most committed team of cessity they could not afford was caught me right inside the Russell staff members of any institution any- health insurance. Their children were Building where we both had offices, and where. Throughout his career, it was children of the working poor. The he said: You are coming with us, aren’t known that the Kennedy staff was struggles of this family touched me you? comprised of one of the most formi- and inspired me to work with Senator I said: Well, I was against the change dable and dedicated collections of indi- Kennedy to create SCHIP, which con- in section 2. viduals of the Senate. Many of them tinues to provide health care coverage He said: You voted for it and were have gone on to have distinguished ca- to millions of children of the working very helpful in getting that bill passed, reers, including now-Justice Stephen poor and others throughout the coun- and I know how deeply you feel about Breyer; Dr. Larry Horowitz, who man- try and which passed with broad bipar- it. aged his health care right up to the end tisan support. I did go down with him. I would not and loved Ted Kennedy deeply; Nick Over the years, Senator Kennedy and have gone without Senator Kennedy Littlefield, who ran the Labor Com- I worked successfully to get both Re- recognizing I did feel deeply about the mittee for Senator Kennedy and was an publicans and Democrats on board for a Voting Rights Act. And even though I adviser right up to the time Senator number of causes. We drafted a number lost on what I thought was a pivotal Kennedy passed away; and, of course, of pieces of legislation to provide as- constitutional right, the fact is I voted Michael Myers—just to name four, sistance to AIDS victims, including the for the bill. with no intention of leaving out the Ryan White AIDS Act. I named that At the risk of riling my more liberal others. Senator Kennedy would be the bill right here on the floor with Mrs. colleagues in the Senate, I would like first to recognize how their efforts con- White sitting in the audience. We to point out that Senator Kennedy tributed to his success. I salute them worked together, along with Senator shared an utterly optimistic view of for their hard work over the years. I HARKIN, to craft and pass the Ameri- the American experiment with Presi- cannot exactly say I have always been cans with Disabilities Act. There was dent Ronald Reagan. They both deeply totally pleased with all of the Kennedy also the Orphan Drug Act, as well as believed that whatever the current staff all of the time, but, as was true of the FDA Modernization Act, and a trials or challenges we must face as a their boss, while we might have been whole raft of other bills that would nation, America’s best days were ahead frequent adversaries, we were never en- take too much time to speak about, all of her. That is something many people emies. of which bear the Hatch-Kennedy, Ken- do not appreciate well enough about I am saddened by the loss of my dear nedy-Hatch name. Senator Kennedy. friend Senator Kennedy. I will miss

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9208 CONGRESSIONAL RECORD — SENATE September 10, 2009 him personally. I will miss the fights in stand, we can do it better than we have were the great days of bipartisanship. public. I will miss his sense of humor in in the past. As we would come in from the Energy private and public. And perhaps more I yield the floor. and Commerce Committee, there would significantly, I believe this Chamber The PRESIDING OFFICER (Mr. be Ted Kennedy and Jacob Javits will miss his talents as a legislator BURRIS). The Senator from Maryland. working to make sure we could pass and, most of all, his leadership. Ms. MIKULSKI. Mr. President, I wish good legislation. I saw there that good While I cannot say I hope more of my to speak about Senator Ted Kennedy. legislation came from good ideas that colleagues will adopt his views on pol- Clearly, I would have been proud to be could be pursued with good humor in icy, I hope more of us can adopt his ap- on my feet to give such a testimonial, an atmosphere of civility. proach to the legislative process. but as many of my colleagues know, I As we got to know each other, I ad- I was in California giving a speech at had a fall a few weeks ago coming out mired his verve, his tenacity, and he a fundraiser when they came in with a of church. I am ready to be at my duty admired me because I could dish it out cell phone and said: Senator Kennedy station, but I can’t quite stand to be 4 with the best of them as well. When he is on the line, and he sounds very agi- foot 11 and give these remarks. ran for President in 1980, he asked me tated. I do wish to speak and speak from my to nominate him at the Democratic So I went out on the plaza and I said: heart, speak from my memory, and Convention. I was thrilled and honored Ted, what is the matter? speak with my affection. I have known to do so. Remember the drama of that. He said: Oh, I have great news for Ted Kennedy a very long time. He has Jimmy Carter was an incumbent Presi- you. been my friend, my pal, my comrade in dent. Ted Kennedy was an upstart. I I said: What is that? arms. I have enjoyed everything from backed Kennedy. Well, it didn’t work He said: I am going to get married working with him on big policy issues out and Ted called me and said: I am again. to sailing off the coast of Hyannis. I withdrawing from the race. We are I said: Do I know her? have been with him in his hideaway going to support President Carter 100 He said: No, but you would love her. while we strategized on how to move percent. But though you are not going She is a wonderful, wonderful person, an agenda of empowerment, and I have to nominate me for President, I hope and she has two wonderful children. I danced at his famous birthday parties. you will still introduce me at the con- am going to adopt them and treat them We have had a good time together. vention. I said: Absolutely. But one as my own. And I am so happy. I remember one of the first parties day I hope to be able to nominate you. I said: Ted, why would you call me in was the theme from the 1960s, and I That night, as I took the podium, it California? came with a big wig, hoping I would was the famous speech that everyone He said: Well, her daughter was brag- look like Jackie Kennedy. Ted was a remembers Ted Kennedy giving about ging to her elementary school teacher chunky Rhett Butler because Vicki and the work going on, the cause enduring, at that time that her mother was going he were coming as Rhett Butler and the hope still living, and the dream to marry Ted Kennedy. Scarlett O’Hara. As we jitterbugged, I never dying. What was amazing about The elementary school teacher was said: Do you think I look like Jackie? that speech was the way Ted Kennedy married to a Washington Post reporter. He said: Well, nice try. used a moment in his life—which some So he said: I wanted you to become The last party we went to was a viewed as a defeat—as a time to rede- one of the first to know. I am very movie theme, and I came with one of fine himself in public service and to happy. I am going to marry Vicki those big bouffants. It was to be a claim the mantle of being one of the Reggie. movie theme, as I say, and I looked best Senators America has ever seen. I have come to know Vicki very well. like something out of ‘‘Hair Spray.’’ I He used that speech not as a retreat She has made such a difference in his will not tell you his comments, but, but as a reaffirmation and a recommit- life and in his family’s life. She is a again, he said: Your hair gets bigger ment of what he would do. tremendous human being, as are his with every one. I can’t wait until my That night I did introduce him. While children. They are terrific. 80th. all my colleagues were in Boston, and I I was happy to be in the Catholic Well, unfortunately, there will not be watched the funeral from my rehabili- church where Teddy went to pray for an 80th birthday party, but we will al- tation room, mourning his death and his daughter every day he could when ways carry with us the joy of friend- feeling sad that I could not join with she was suffering from cancer. I know ship with Ted Kennedy. my colleagues there, I had that speech how deeply he feels about PATRICK and It is with a heavy heart that I give and I read it then and, as I looked at it, Teddy, Jr. I thought they did a terrific this salute to him. I first met him as a I realized I could give it again and job at the mass at his funeral. He has young social worker. I testified before again. Because when I took the floor of to be very proud of them. I am very his committee. As a young social work- the 1980 convention, I first said: I am proud of them. er, I was there to talk about a not here for BARB MIKULSKI. And I am I think Vicki Kennedy deserves an brandnew program called Medicare, here today for all those people who awful lot of credit for all of the later about what was working, what were would like to say what they knew happy years of my friend Ted Kennedy. the lessons learned—once again from about Teddy Kennedy, and I am going I want her to know that I love her being on the ground; what was hap- to say some of those words I said then dearly for what she did and as an indi- pening in the streets and neighbor- that would be appropriate for now. vidual herself. hoods—and how to help people get the I said: I love Ted Kennedy’s entire family. A medical and social services they need- I am here on behalf of a lot of people who number of them have come to me at ed. He listened, he was intent, and he want to be here but can’t: Old women des- perately trying to use their Social Security times where I was able to help them be- asked many questions. Little did I checks to pay for food and medicine and yet cause he could not as a member of the know I would join him in the Senate to frightened about their energy bills. Students family. I have to say that I was close fight for Medicare, to fight for health whose tuition has gone up so much they are to a great number of the members of care, and to fight for those senior citi- going to have to work two jobs just to stay his family, and I really appreciate zens. in school. them as well and the influence they Similar to so many others of my gen- I spoke of small businesspeople try- had on him and he had on them. eration, I was inspired by the Kennedys ing to just keep their doors open and He had a great influence on me as to pursue a life in public service. I the returning war vet who is unem- well. I want to personally thank him chose the field of social work and then ployed, and that while his brother has for it and say to my dear friend and went into politics because I saw poli- signed up for a tour of duty, he is colleague, as I look at his desk over tics as social work with power. As a standing in the unemployment line. there with the flowers and the drape, Congresswoman, I was on the Energy I said during that speech that, day rest in peace, dear Ted, and just know and Commerce Committee. That was a after day, Edward Kennedy has spoken that a lot of us will try to carry on, counterpart to what Ted was doing in out for those people; that he has been and hopefully, with some of the things the Senate. We got to know each other there talking about the economy, en- you taught us and helped us to under- at conferences working together. Those ergy policy, and jobs, long before many

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I said that as a it was the staff in Massachusetts, who sure we put money and a legislative young social worker, working in the took care of casework and projects and framework in place so Dr. Healy could neighborhoods during the dark Nixon day-to-day needs, or the staff in Wash- institute the famous hormone therapy years, and wondering how old people ington who helped Ted Kennedy take study. Well, let me tell you the con- were going to get the services they the ideas that came from the people, sequences of that. That study has needed, Ted Kennedy introduced the their day-to-day struggles, and con- changed medical practice. That study first nutrition program for the elder- verted them into national policy. That has resulted in breast cancer rates ly—a program that guaranteed senior is what it was—people, people, people. going down 15 percent. citizens at least one hot meal a day. It When I came to the Senate, it was So when someone says: What did Ted was Ted Kennedy, I said, who won the only Nancy Kassebaum and I. We were Kennedy do to help women? What did passage of programs such as neighbor- the only two women. He was a great Teddy Kennedy do to work with BAR- hood health centers, who fought the friend, along with Senator Sarbanes. BARA MIKULSKI? Tell them we worked war on cancer, who led the fight to They were people I called my Gala- together and we worked to save the save nurses’ scholarships and save hads—people who helped me get on the lives of women, one million at a time. them he did. In his fight for legislation, right committees, show me the inner This is my final salute to Senator Ken- he was always there. workings of the Senate. Ted was deter- nedy on the floor, but I will always sa- In my fight to help battered women, mined I would be on his Committee on lute him every day in the Senate to Senator Kennedy was one of the first Health and Education to get the ideas make sure we continue what he said to be a strong and active ally. He said passed, but he also was determined I about how the dream will continue on. he knew very early on that all Amer- would get on the Appropriations Com- I ended my speech at the Democratic ican women work but that too many mittee to make sure we put those ideas Convention in 1980 when I said this— women work for too little or are paid into the Federal checkbook. He was my and I end my remarks today by saying unequal pay for their work. I said then, advocate. this: Edward Kennedy has kept his and I say again, Ted Kennedy wanted One of the things that was clear is, faith with the American people. He to change Social Security to make it he was the champion for women. He hasn’t waited for a crisis to emerge or fairer for women and to extend the was a champion for this woman in a constituency to develop. He always Equal Rights Amendment so we would helping me get on those committees. led, he always acted, he always in- be included in the Constitution. And during those sometimes rough spires. It was amazing the issues he fought days getting started, he would take me God bless you, Ted. And God bless the for then and that he continued to fight to La Colline with Senator DODD, and United States of America. for all his life. In the time I knew him, while he drank orange juice with a lit- The PRESIDING OFFICER. The Sen- I knew him not just as a news clip, but tle vodka—so no one would know he ator from Alabama is recognized. I found him to be truly gallant in pub- had a little vodka—he was giving me Mr. SESSIONS. Mr. President, I lic and in private—caring about others shooters of Chardonnay to boost my would like to take a moment to join and modest about himself, always spirits. He and CHRIS would give me a with my colleagues, and I see quite a about grace, courage, and valor. pep talk, and I felt like I was Rocky. number on the Senate floor now, to pay When I came to the Senate, I was the They would say: Get out there, fight; tribute to Ted Kennedy. He was a truly only Democratic woman, and he was don’t let it get you down. Pick yourself remarkable force in the Senate, a there for me, but I saw how he was up. I felt like I was going to spit in the champion of liberalism—perhaps the there for so many other people. In 2004, bucket and get back on the floor. He Nation’s leading champion of lib- when we were in Boston, Ted Kennedy lifted my spirits, just like he lifted the eralism. He believed government could and I had lunch in the North End. It spirits of so many. serve the people, and it ought to do was one of our favorite things, to get The story I wish to conclude with— more to serve people. On that we some- together for a meal and for conversa- because there are so many issues we times disagreed, but he believed it with tion. What I realized then—as we en- worked on together—is when I went to a sincerity and he battled for it with a joyed ourselves with big plates of anti- him and said: Ted, did you know that consistency that is remarkable. He pasto; always vowing that we would eat women are not included in the proto- constantly sought to utilize the ability more of the salad and less of the cols at NIH? He said: What do you of government to do good for the Amer- pasta—as we got up and left and mean? I said: In all the research we do, ican people, and that is admirable. walked around the North End, is that women are not included in the proto- He also was a champion of civil his best ideas came from the people. It cols. They just finished a famous study rights. He was a force during the civil was his passion for people. I knew he which said to take an aspirin a day, rights movement, and his activities, represented those brainy people in keep a heart attack away. It included his personal leadership, truly made a Cambridge who went to Harvard and 10,000 male medical students and not difference in making this a better who often came up through the Ken- one woman. I said: I want to change country. Without his leadership, things nedy School with those great ideas. that. Teaming up with Nancy and Pat would have been much more difficult But as I walked around the neighbor- Schroeder and OLYMPIA SNOWE and for sure. hoods with him, I saw he actually lis- Connie Morella, who were in the House, I have a vivid memory of him—pre- tened to people, trailed by a staff per- he helped me create the Office of Wom- siding as I did when I first came to the son who was actually taking notes. en’s Health at NIH so women would al- Senate, a duty given to the younger, As we walked down the street, there ways be included in those protocols. newer Members—in the night, Ted Ken- was the man who came up and who Then we spoke out and said: Ted, the nedy, alone on the Senate floor, roar- talked about his mother’s problem health care research for breast cancer ing away for the values he believed in. with Social Security. Take it down, he is low. That is why they are racing for It was just something to behold, in my said. Let’s see what we can do. We the cure. He helped us, working with view. I saw nothing like it from, walked down a few feet more. Oh, my TOM HARKIN, to boost the money for re- maybe, any other Member. He had grandson wants to go to West Point; search and to also get mammogram served so many years in the Senate— how does he apply? He said: He is going quality standards through so that when and I learned today from our chairman to love it and he is going to love my a woman would get her mammogram, on Judiciary, Senator LEAHY, that he process. Let’s see how we can do that. it would be safe. served on the Senate Judiciary Com- A few feet on down, the small business But here is one of the most profound mittee longer than any other Senator guy said: Keep on fighting, Ted. You things we did, again working on a bi- in history. But even as his years went know I can’t buy this health insurance. partisan basis. Dr. Bernadine Healy, by, many years in the Senate, he did

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Those of us who were in the church in As I told one reporter after his death, He was not only the most accomplished Boston at the funeral—and those prob- I would just hope to be somewhat as ef- and effective Senator of the last 50 ably watching on television—heard the fective in promoting the values I be- years, he was truly one of the towering very eloquent speech by Teddy Jr. lieved in as he was in promoting those figures in the entire history of the Sen- about his battle with cancer at a young values. If we disagreed, and sometimes ate. Yet for all his accomplishments, age, losing his leg and his confronting we certainly did, people continued to for all the historic bills he authored his disabilities, and how Ted helped admire him, I think, to a unique de- and shepherded into law, for all the ti- him get through that. gree. There were no hard feelings. You tanic battles he fought, I will remem- In 1975, Senator Kennedy helped to would battle away, and then afterwards ber Ted Kennedy first and foremost as pass what is now called the Individuals it would be a respectful relationship just a good and decent human being. with Disabilities Education Act— between Senators. I think that is pret- I remember his extraordinary gen- IDEA. In 1978 he passed legislation ex- ty unusual and something that is wor- erosity, his courage, his passion, his panding the jurisdiction of the Civil thy of commenting on. capacity for friendship and caring, and, Rights Commission to protect people He talked to me about being a co- of course, that great sense of humor. I from discrimination on the basis of dis- sponsor, his prime cosponsor on a bill. remember one time I was in my office ability. In 1980 he introduced the Civil He said he wanted to work with me on and we had a phone conversation. It Rights for Institutionalized Persons something important. It was a bill we was about a disagreement we had. It Act, protecting the rights of people in commonly referred to as the prison was right at St. Patrick’s Day so we government institutions, including the rape bill. There was a lot of concern were having this discussion on the elderly and people with intellectual that in prisons, people who are arrested phone and tempers got a little heated. and mental disabilities. were subjected to sexual abuse. That, I think I was holding the phone out Nineteen years ago he was one of my in my view, is not acceptable. I know about like this. He probably was too. I most important leaders and partners in the Presiding Officer, a prosecutor, think our voices got raised to a very passing the Americans with Disabil- knows people deserve to do their time high decibel level, sort of yelling at ities Act—1990. I will never forget, in jail, but they should never be sub- each other, and pretty soon we just after I had been in the Senate for 2 jected to those kinds of abuses. So we hung up on each other. years, Republicans were in charge, and passed a pretty comprehensive bill. I I felt very badly; I know he did too. then in 1986 Democrats came back, was proud of it and proud to be with So several hours later, when I came on took charge, and Senator Kennedy him at the signing ceremony. the Senate floor and I saw Ted at his wanted me on his education and health I also talked to him and we met and desk, I went up to him, I pulled up a committee. I sort of played a little talked at some length about a major chair next to him. He would get that hard to get. piece of legislation to increase savings I said: Well, maybe, but I am really kind of pixie smile on his face, have a in America, savings for the average interested in disability issues. He knew twinkle in his eye. working American who had not been I said: Ted, I’m sorry about that con- about that. He knew about my work on able to share in the growth of wealth versation we had. I should not have some of the stuff I had done in the that so many have been blessed with in House before I came here, especially lost my temper as I did. I said: My staff this country. I thought we had some for people with hearing problems. I said is a little concerned about our relation- pretty good ideas. Savings at that time I would like to come on his committee, ship. had fallen below zero—actually 1 per- He sort of got that great smile and but I said I would be interested in cent negative use of people’s savings chuckled. Well, he said, forget about it. working on disability issues. which were going away. I guess now we He got back to me and said: Tell you I just told my staff that is just the way are at 5 or 6 percent savings rate after what, I have the Disability Policy Sub- two Irish men celebrate St. Patrick’s this turmoil we have had economically. committee and you can chair it. Day. I do not think the idea should go away. I am a freshman Senator. He didn’t That is just the way he was. He could Maybe it lost a little steam in the fact have to do that for me. I was astounded disarm you immediately and you would that we have seen a resurgence of sav- at his great generosity. So I have al- move on. He had a great disarming ings today, but I was very impressed ways appreciated that. He had already sense of humor. with his commitment to it, the work of had this great, extensive record on dis- Ted came from a remarkable fam- his fine staff, and his personal knowl- ability issues. Yet he let me take the ily—so many tough breaks, so many edge of the issue. lead. Then when the Americans with I see my other colleagues. I will join triumphs, so many contributions to Disabilities Act came up, he could have with them in expressing my sincere our Nation—both in war and in peace. taken that himself. He was the chair- sympathy to Vicki and their entire Ted and his siblings were born into man of the committee. family for their great loss. The Senate great wealth. They could have lived As I said, he had this long history of has lost a great warrior and a great lives of luxury and leisure, but they championing the causes of people with champion of American values. chose instead to devote themselves to disabilities. Yet he knew how passion- I yield the floor. public service. They devoted them- ately I felt about it, and he let me au- The PRESIDING OFFICER. The Sen- selves to making the world a better thor the bill. He let me take it on the ator from Iowa is recognized. place for others, especially those in the floor. He let me be the floor manager of Mr. HARKIN. Mr. President, I ask shadows of life. it and put my name on it. He didn’t unanimous consent the period of morn- There are so many things I could have to do that. He was the chairman. ing business be extended to 2:30 p.m., focus on this morning in my brief re- He could have had his name on it. He with Senators permitted to speak marks, but I want to focus on just one could have floor-managed it. But he let therein for up to 10 minutes each. aspect of Ted Kennedy: all that he did me do it in spite of the fact that I was The PRESIDING OFFICER. Without to improve the lives of people with dis- just a freshman Senator. objection, it is so ordered. abilities in our country. I thought He was an indispensable leader in Mr. HARKIN. Mr. President, as I look about this: With the death of Eunice bringing disparate groups together to around this Chamber, I see men and Kennedy Shriver on August 11, and all get the Americans with Disabilities women of remarkable talents and abili- she did to found the Special Olympics Act passed. I will never forget that ties. I also have a strong sense, we all now being carried on by her son Tim, great act of generosity on his part in do, that there is a tremendous void then the death of Ted on August 25, letting me take the lead. now in our midst. A very special Sen- people with disabilities in this country Ted always insisted that our focus ator, a very special friend, a Member lost two great champions. should be not on disability but on abil- who played a unique role within this Their sister Rosemary lived her en- ity; that people with disabilities must body for nearly a half century is no tire life with a severe intellectual dis- be fully included in our American fam- longer with us. ability. The entire Kennedy family is ily. Americans with disabilities had no

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The tradition you believe and being able to work and a great challenge and, I must add, in the Senate is when you get re- with somebody who you disagree with somewhat daunting to carry on the leg- elected, you have your fellow Senator on an issue very important to the acy of Senator Ted Kennedy. He dedi- from that State follow you down to the country. cated his life to making our economy well. He went over to Senator Hollings If he were alive today, the health work for all Americans, to secure a and said: I want you to come down and care debate would be different. That is quality education for every child and, escort me. not a slam on anybody involved, be- of course, securing quality, affordable He said: Why? I am from South Caro- cause this is hard. I do not know if he health care for every citizen as a right lina. could deliver, but I think it would be and not a privilege. He said: In my campaign you were. different and I think it would be more In the Democratic cloakroom, there You were the other Senator from hopeful. is a page from the Cape Cod Times with South Carolina. The immigration bill failed. But he a wonderful picture of Ted and a quote Ted got a lot of fun out of that. I told me: I have been through this a lot. from him. Here is the quote: think he appreciated the role he Hard things are hard for a reason, and Since I was a boy I have known the joy of played, and Republicans, almost to a it will take a long time. He indicated sailing the waters of Cape Cod and for all my person, would use Senator Kennedy in to me that the immigration debate had years in public life I have believed that their campaigns. all the emotion of the civil rights de- America must sail toward the shores of lib- But when they got here, they under- bate. And that was not something he erty and justice for all. There is no end to stood Senator Kennedy was someone said lightly. that journey, only the next great voyage. you wanted to do business with. If you We sat in that room with Senator We have heard many eloquent trib- had a bill that you thought would need KYL and Senator Salazar and a group utes to Senator Kennedy. But the trib- some bipartisan support, Senator Ken- of Senators who came and went, and ute that would matter most for him nedy is the first person you would the administration officials, Homeland would be for his colleagues to come to- think of. And you had to understand Security Secretary Chertoff, and Com- gether, on a bipartisan basis, to pass a the limitations on what he could help merce Secretary Gutierrez, and we strong, comprehensive health reform you with. He was not going to help you wrote it line by line with our staffs sit- bill this year. with certain things, because it ran ting on the wall. It is time for us to sail ahead on this counter to what he believe in. But It was what I thought the govern- next great voyage to a better and more where you could find common grounds ment was supposed to be like in ninth just and more caring America. So as we on the big issues, you had no better grade civics. It was one of the high- sadly contemplate the empty desk ally than Senator Kennedy. lights of my political life to be able to draped in black, we say farewell to a We met in the President’s Room sit in that room with Senator Kennedy beloved colleague. He is no longer with every morning during the immigration and other Senators and literally try to us, but his work continues. His spirit is debate, and at night he would call me write a bill that was difficult. here. And as he said, the cause endures. up and say: LINDSEY, tomorrow in our We failed for the moment. But we are May Ted Kennedy rest in peace. But meeting you need to yell at me because going to reform our immigration sys- may we not rest until we have com- you need to get something. I under- tem. And the guts of that bill, the bal- pleted the cause of his life, the cause stand that. I will fight back. But you ance we have achieved, will be the he fought for until his last breath, en- will get it. starting point for a new debate. Most suring quality, affordable health care The next day he would say: I need to of it will become law one day, because for every American. yell at you. It was sort of like all-star it is the ultimate give and take and it I yield the floor. wrestling, to be honest with you, and made a lot of sense. The PRESIDING OFFICER. The Sen- that was fun. Because he understood I say his wife Vicki, I got to know ator from South Carolina. how far I could go, and he challenged Ted later in his life. Through him I got Mr. GRAHAM. Mr. President, it is me to go as far as I could. But he never to know you. I know you are hurting my understanding that we are going asked me to go farther than I was capa- now. But I hope that all of the things back and forth. If Senator LAUTENBERG ble of going. And, in return, he would being said by his colleagues and the will let me go, I will not talk long, if walk the plank for you. people at large are reassuring to you, that is appropriate. We had votes on the floor of the Sen- and that as we move forward as a Sen- Today is a day to remember a col- ate on emotion-driven amendments de- ate, when you look at the history of league, a friend, someone whom it was signed to break the bill apart from the this body, which is long and distin- a challenge to oppose and a joy to work right and the left. I walked the plank guished, around here there are all with, and I wish we were not here on the right because I knew he would kinds of busts of people who have done today talking about the passing of Sen- walk the plank on the left. He voted great things during challenging times. ator Kennedy. against amendments he probably I will bet everything I own that Sen- We disagreed on most things but agreed with, but he understood that ator Kennedy, when the history of this found common ground on big things. the deal would come unraveled. body is written, will be at the top ech- And everyone has a story about Sen- The only thing I can tell you about elon of Senators who have ever served. ator Kennedy. There has been a lot of Senator Kennedy, without any hesi- The point is that you can be liberal as discussion about his life, the legacy, tation is if he told you he would do you want to be, you can be as conserv- his human failings, which we all have, something, that is all you needed to ative as you want to be, and you can be his self-inflicted wounds, and his con- hear. A handshake from him was better as effective as you want to be. If you tribution to the country. But I want to than a video deposition from most peo- want to be liberal and effective, you talk about what will be missing in the ple. I do not how to say it any more di- can be. If you want to be liberal and in- Senate. rectly than that. effective, you can choose that route We had a giant of a man who was Opposing him was a lot of fun be- too. The same for being conservative. very principled but understood the cause he understood that a give-and- You do not have to choose. That is Senate as well as anyone I have ever take to move a ball forward was part of what Senator Kennedy taught this met; he understood the need to give democracy, but standing your ground body, and I think what he dem- and take to move the country forward. and planting your feet and telling the onstrated to anybody who wants to My experience with Senator Kennedy other side, in a respectful way, to go to come and be a Senator. So if you are a was, I used his image in my campaign hell, was also part of democracy. And left-of-center politician looking for a

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We ute I can give to Senator Kennedy— figure, he was at the top of the list of stood together on other struggles, from being somebody on the right who will popular Senators beloved by both Re- the creation of the Children’s Health meet in the middle for the good of the publicans and Democrats. He carried a Insurance Program to the Ryan White country. great sense of humor. He liked to play Act, to the Family and Medical Leave Ted will be missed but he will not be pranks, one of which I saw up close and Act. forgotten. personal. One Thursday night after a Think about it: Without Ted Ken- I yield the floor. long series of votes, we chartered an nedy, nearly 7 million children would The PRESIDING OFFICER. The Sen- airplane to take Ted Kennedy, JOHN not have health insurance. Think ator from New Jersey. KERRY, Senator Claiborne Pell, and me about it: Without Ted Kennedy, half a Mr. LAUTENBERG. Mr. President, north to join our vacationing families million Americans suffering with HIV this corner of the Senate has become a in the area. would not be receiving vital services to lonely place. I sat next to Ted Kennedy A week later we were here in the cope with their disease. Think about it: here for a number of years. We miss Chamber, and Claiborne Pell came over Without Ted Kennedy, more than 60 him. We miss his camaraderie, his to me, hands shaking, with a letter in million workers would not have the humor, his candor, most of all his cour- his hand. I looked at the letter. It was right to take time off from their job to age. And though he will not be here to my stationery. On that stationery it care for a baby or a loved one or even join us in the future, the things he did asked for Claiborne Pell, a frugal man, receive personal medical treatment. will last for decades because they were to pay a far greater share of the total And he did more. He gave people as- so powerful. He was a constant pres- than was originally agreed to. I was surance that the government was on ence here. It is hard to imagine the embarrassed, mortified. I quickly de- their side. Senate without Ted Kennedy’s vibrant clared that it was wrong and apolo- Ted Kennedy was the guardian of op- voice resounding throughout this floor gized profusely. And then I went to Ted portunity. Look at his decades-long or his roaring laughter spilling out of to assure him that if he got a letter campaign to increase the minimum the cloakroom. such as that, the letter was incorrect. wage. Without doubt he was one of the fin- Ted turned belligerent. He reminded He will forever be remembered as a est legislators ever in this Chamber’s me of the help he provided in my first leader who persevered despite some history. Throughout his more than 46 election and asked: How could I nickel frailties, who remained a tower of years of service, Ted introduced 2,500 and dime him after all of that help. He strength despite crippling personal bills and shepherded more than 550 of turned on his heel, walked away red- tragedy. those into law. He was a man of many faced, and then I realized it was part of Nothing symbolized his fortitude gifts, but his greatest had to be his re- the creation of a plot to embarrass me. more than his first major speech on the markable affinity for ordinary people. The two of us broke into laughter so Senate floor, which came on the heels I saw that gift firsthand in 1982 when loud, so boisterously, that the Pre- of President Kennedy’s assassination. I was making my first run for the Sen- siding Officer demanded that we leave Then, despite all he was facing per- ate. A rally was being held for me in the Chamber. sonally, he fought for passage of the Newark, NJ, and it drew a crowd of Ted Kennedy’s love of life was always Civil Rights Act of 1964 to outlaw dis- thousands. I wanted to think that they obvious in the Senate. Even though he crimination in employment, education were there for me, but it was obvious could rise above partisan division, his and public accommodations. that they were there for Ted Kennedy. life’s work was deeply personal. It was From there, Ted Kennedy became in- The warmth, the affection with Ted Kennedy who inherited the family extricably tied to the struggle for which he was received in this city far legacy when two brothers were slain by equal rights. from the borders of Massachusetts, far assassins’ bullets. He met that chal- He was the chief sponsor of the Civil from the halls of power in Washington, lenge by battling the powerful special Rights Act of 1991. was amazing to witness. It was fitting interests to pass the Gun Control Act Ted Kennedy was also a leader in the that Ted came to Newark to help me of 1968, which made it illegal for crimi- passage of the Voting Rights Act of campaign because he inspired me to de- nals and the mentally ill to buy guns. 1965. vote myself to public service. He en- Together Ted and I joined the fight This law abolished literacy tests at couraged my entry into the Senate. to keep our streets safe from the the polls and guaranteed the protection As soon as I joined the Senate, Ted scourge of gun violence. For decades, of all Americans’ right to vote. Kennedy became a source of knowl- he was a force that shaped the national In 1982, he was the chief sponsor of edge, and information, and wisdom. He political landscape. He crafted life- the Voting Rights Amendments Act was a seatmate of mine here in the changing legislation year after year, which led the way to greater minority Senate, and freely offered ideas on cre- always fighting to shape public opinion representation in Congress and state ating and moving legislation that I toward his causes. He believed public legislatures. thought of or sponsored. service was a sacred mission and the That law, in no small way, made it Even though he was born into privi- role of a leader was to make progress. more likely that Barack Obama would lege and was part of a powerful polit- No matter how hard, no matter how become President of the United States. ical family, his fight was always for long the journey, he persisted. We are grateful the last Kennedy the workers, for justice, and for those In fact, Ted Kennedy’s signature tal- brother had a chance to see America often forgotten. He was never shy to ent was his precise, unmatched ability rise above racism, above prejudice. He chase one down and demand your vote to get legislation passed. And he did had a chance, the last of the Kennedy or to call you on the phone and insist that through the timeless require- brothers in office, to see President on your support. Sometimes he would ments of this profession: preparation, Obama take that oath. It was a proud try to bring you to his side through integrity, fairness, patience, hard moment for him and for all of us. reason, other times it was through work, a little bit of table pounding and As his life came to an end, Ted said righteous fury. Ted was such a tena- a profound respect for his colleagues he saw a new wave of change all around cious fighter for a cause in which he and his constituents. us. He promised us that if we kept our believed that he would often put on the I had the privilege of working with compass true, we could reach our des- gloves no matter who the opponent Ted Kennedy on many pieces of tination. In the days and the weeks and might be. groundbreaking legislation. We worked the months to come, the years to come, But he never let disagreement turn closely on fighting big tobacco and decades to come, we have to keep Ted into a personal vendetta. No matter their attempts to seduce children into Kennedy’s cause alive. It is the cause

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I Subcommittee on Judiciary and my fident we can rise to the challenge the will again enjoy a very special recita- ranking member would be Ted Ken- people’s Senator set for us and carry on tion of the ‘‘Midnight Ride of Paul Re- nedy. for those who remember him, for those, vere.’’ By habit, I shall immediately Senator Kennedy came to me on the yes, who miss him, for those who loved look for Ted Kennedy whenever I enter floor, within a few hours of me being him, and for those who will always this Chamber. In a thousand ways large notified of that, and he said: SAXBY, need a champion like Ted Kennedy. and small he will simply be deeply, you and I need to sit down. Let’s dis- Finally, if there was a demonstration deeply missed. cuss some immigration issues that we of his humanity, the funeral tribute My heart goes out to his steadfast want to accomplish during the next 2 was one of enormous love and respect. wife Vickie and to his wonderful fam- years. I just want to talk with you It was enunciated particularly, because ily. His spirit surely lives on in all of about it, get your thoughts and give I road with other Senators on the bus, you. you my thoughts. by the hoards of people standing by the Not long ago, I picked up a book of I said: Well, sure, Ted, that will be poetry which Ted Kennedy had given to curbside with signs of gratitude for his great. I will be happy to come to your me in July of 1996. It bore this inscrip- contribution to the life and well-being office and sit down with you. tion: He said no. He said: SAXBY, that is of America. We are thankful for that. ‘‘To Bob, the master of our legisla- I yield the floor. tive poetry who has already left so not the way the Senate works. You are The PRESIDING OFFICER. The Sen- many extraordinary Footprints on the the chairman. I will come to your of- ator from West Virginia. Sands of Time.’’ After that, Ted had fice. Mr. BYRD. I thank the Chair. written, ‘‘See page 371.’’ So the next day, a Senator who had Mr. President, on August 25, a tow- I close with a few stanzas from ‘‘a been in office for well over 40 years ering figure on our national political Psalm of Life’’ on page 371 of Ted’s gift came to the office of a Member of the landscape left us. Edward Moore Ken- to me: Senate who had been here a little over nedy succumbed to a malignant brain Life is real! Life is earnest! 40 hours and sat down and had a con- tumor after an 18-month battle for his And the grave is not its goal; versation. That was a lesson about the life. As I look now at his desk, draped Dust thou art, to dust returnest, way the Senate works that I will never with black cloth and covered with flow- Was not spoken of the soul. forget. ers, I still have difficulty believing .... We began working together on the that he is gone. My ebullient Irish-to- Lives of great men all remind us Immigration Subcommittee, and we the-core friend has departed this life We can make our lives sublime, worked for about a year—it was in ex- forever. How bleakly somber. How ut- And, departing, leave behind us cess of a year, I guess—on an issue we terly final. How totally unlike Ted Footprints on the sands of time; talked about the very first day in my Kennedy in life. Footprints, that perhaps another, office. It involved the expansion of the Ted Kennedy in life was a force of na- Sailing o’er life’s solemn main, L–1/H–1B visas. At that time, our econ- ture—a cheerful, inquisitive, caring A forlorn and shipwrecked brother, omy was booming and businesses man, who never accepted somberness Seeing, shall take heart again. across our country needed access to for long or the finality of anything. His Let us, then, be up and doing, more employees who had a specialized energetic adherence to perseverance, With a heart for any fate; expertise. his plain dogged determination, his Still achieving, still pursuing, We were successful in ultimately ability to rise from the ashes of what- Learn to labor and to wait. striking a compromise. It was difficult ever new horrific event accosted him, The PRESIDING OFFICER. The Sen- for Ted because the leftwing of his always with grace, and usually with a ator from Georgia. party was very much in opposition to liberal dose of humor, were his trade- Mr. CHAMBLISS. Mr. President, I what we were doing, and it was some- marks. It was almost as if Ted Kennedy have been very fortunate in my life in what, although a little bit less, dif- public service to witness a lot of his- were at the top of his form when coping ficult for me because the rightwing of torical events, but none parallels the with adversity. Life itself inspired him. my party was in opposition to what we tribute that was just paid by one icon He believed that life was a contact were doing. of the U.S. Senate to another Member sport, but that it should never be Ted called me up one day after we of the U.S. Senate. played without joy in the game itself. I rise to pay my respects to the late had finished our negotiations, and he That is how he saw politics as well. Senator Ted Kennedy. As one of my was laughing, and he said: SAXBY, I Ted Kennedy and I were friends and, colleagues said earlier, it is a little bit have to tell you, we have entered into yet, we were the oddest of odd couples. ironic, when you come to the Senate an agreement on this, and I am going He was the scion of a wealthy and sto- you find out that those with whom you to do exactly what I told you I would ried family. I am a coal miner’s son have significant political disagree- do, but, boy, am I ever getting beat up who had no bottom rungs in my ladder. ments are folks you get to know well by the far left in my party. They are In earlier years we were rivals. and you have the opportunity to work just killing me. He said: It is to the What Ted and I discovered, though, with. point where I am up for reelection next was that somehow we had many things I am sure during my political cam- year, and you may have to come to in common—a love of history; an affec- paign for the U.S. Senate Ted Kennedy Massachusetts and campaign for me. tion for poetry; a fondness for dogs; a raised me a lot of money by virtue of We kind of laughed about that. commitment to the less fortunate in the fact that I would cite him in my Well, 2 days later, I had been besieged our society. Many will speak of Ted’s fundraising mailouts because, coming with phone calls from ultraconserva- stunning Senate career, his huge and from a very conservative part of the tive folks from my State, and I called lasting impact on our culture, his country, it was popular to cite the lib- Ted up, and I said: Well, Ted, you will domination of the political scene for so eral Members of the Senate and say not believe this, but I am getting beat many, many decades. By all means, let you needed to be there to counteract up over that same issue by ultra- us never forget Ted Kennedy’s extraor- them. But when I came to the Senate— conservatives in my party. But don’t dinary contribution to this great coun- and certainly Senator Kennedy and I worry, I don’t need you to come to try. It is largely unmatched. do come from opposite ends of the po- Georgia to campaign for me. But I will especially cherish the per- litical spectrum—I learned very quick- Well, he laughed about that like I sonal side of this big man, with his in- ly from Senator Kennedy what the had never heard him laugh. The very fectious laugh, his booming voice, and Senate is all about. last conversation I had with him to

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Even when we disagreed, we thunderous tones, either in the Judici- had this ice cream social out in the were able to walk out of this Chamber ary Committee or here on the floor, park across from the Russell building and still be friends. that would fill the room, filled with where his office was and my office is. To Vicki and PATRICK and the chil- passion, filled with conviction, filled In fact, his office was directly below dren, Ted was a great American, a with determination. mine. I am walking back from the ice great guy, and he is going to be missed He played a major role in every civil cream social with my grandchildren— in this body. He was a true inspiration rights battle in this Congress for 40 who were here for that because it hap- to a lot of us, and we are going to miss years. Who else can say that? He pens at the same time as the White that compromising aspect of Ted Ken- fought for people of color, for women, House picnic—and Ted is driving off in nedy that will not be here even though for gays and lesbians, for those seeking his car, and he sees me coming across someone else will take up the mantle. religious liberty. His amendments to with my grandchildren. He stops the With that, Mr. President, I yield the Voting Rights Act in 1982 led to significant increases in minority rep- car, gets out, and he says: SAXBY, these back. resentation in elective office. He was a must be your grandchildren. The PRESIDING OFFICER. The Sen- I said: They are. ator from California is recognized. major sponsor of the Americans with He said: Well, I want my dogs to see Mrs. FEINSTEIN. Mr. President, as I Disabilities Act to ensure that millions them and them have a chance to meet sit here and listen to the remarks of of disabled Americans could live pro- my dogs. my colleagues and I look over at that ductive lives. These are not small bills; So he got out of the car and got the black velvet-draped desk, with the these are big bills—the Civil Rights dogs out, and my grandchildren just pristine white roses, and the poem by Act of 1991, which strengthened civil loved playing with those dogs. Robert Frost, and I think about the rights protections against discrimina- Every year after that—I never called past 17 years I have been here and have tion and harassment in the workplace; him—he called me because he knew looked up—and perhaps it is late at again, a big bill which became law. I was part of that small group of Sen- that when the White House picnic was night, perhaps it is in the morning, ators who met on immigration reform going on, my grandchildren would be perhaps it is in the afternoon—and hour after hour in small hot rooms. I here, and he would insist on bringing Senator Kennedy is at his desk and he watched Senator Kennedy with his the dogs up when the grandchildren is talking about a bill he cares a great sleeves rolled back, when he would sit were here so they would have a chance deal about—and, as Senator LAUTEN- back and wait for just the right time to to play with them. That is just the BERG had said earlier, he introduced 550 move or change the tenor of the discus- kind of guy Ted was. It was a much bills that became law. Around here, sion. True, that was one that was not softer side than what we have seen so you can introduce a bill, and maybe it goes somewhere and maybe it does not. successful, but it wasn’t because he did many times with Ted with his pas- not try. You can introduce a bill, and maybe it sionate debates and whatnot. Seventeen years ago, JOE BIDEN is a small bill, but introducing a big Lastly, let me mention another anec- asked me if I would be the first woman dote I will always remember. I was bill that goes somewhere, that passes on the Senate Judiciary Committee. I going down to speak to the Hibernian the House and is signed by the Presi- had the honor of doing it. Ted Kennedy Society in Savannah, which has the dent of the United States, is not a was No. 2 in seniority sitting on that second largest St. Patrick’s Day parade small feat. committee. I saw his commitment I listened to Senator BYRD, and in in the United States. It is a big deal. firsthand. It was very special. You see, We have about 1,000 folks who are at the past he has spoken about lions of I was a volunteer in the campaign for the Hibernian Society dinner that I the Senate. Ted Kennedy was a lion of John Fitzgerald Kennedy. I was a full- was going to speak to. All you do is the Senate. time volunteer for Bobby Kennedy for During 47 years—and this morning in you go in and you tell jokes. his campaign. I saw the Nation ripped the Judiciary Committee, we learned Well, I needed a bunch of Irish jokes, apart by these double assassinations. I so I called up Ted and I told him what he had been the longest serving mem- saw Senator Kennedy, in addition to I was doing, and I said: I know you ber—during 47 years, if you look at the being a lion in the Senate, become a must have a book of Irish jokes. big bills: the Mental Health Systems surrogate father to nieces and nephews. He said: I do. I am going to send it to Act of 1980, which enabled people with I saw him accept this mantle with you. And he said: I will tell you some- mental illnesses to live in their com- great enthusiasm, with great love, and thing else you need to do. I know Sa- munities with minimal hospital care; with a commitment that spanned the vannah is a very conservative part of the Children’s Health Insurance Pro- decades. That is very special. It is a the world, and you are going to see in gram, which has been spoken about, very special human dimension of a these jokes that you will have an op- which provided health insurance to un- great individual. portunity to point out somebody to insured children of low-income fami- I lost my husband Bert to cancer, and kind of poke fun at. He said: Every lies; the commitment to health care re- I know well what the end is like. I time you have an opportunity in tell- form that did not diminish even as he know the good times that grow less ing these jokes, you use my name. suffered through terminal illness; his and less and the bad times that become Well, I took him at his word, and I dedication to education, he was a lead- more and more. Ted Kennedy’s life was did. And, boy, did I ever get a rousing er in the landmark Elementary and enriched by a very special woman, and welcome from all those Irish men in Secondary Education Act, which estab- her name is Vicki Kennedy. For me, Savannah, GA. lished the Federal Government’s com- she is a mentor of what a wife should So I have very great and fond memo- mitment to fund school for poor chil- be. I have watched her sitting with ries of a man who certainly came from dren in public schools; No Child Left him, writing speeches. I have watched a different part of the country than Behind, widely hailed as the greatest her at weekend retreats. I have where I come from, who came from a example of bipartisan cooperation dur- watched her fill his life with love, com- very different political background ing the Bush administration; the bill panionship, understanding. than where I come from, and somebody he did with ORRIN HATCH, the Serve I know a little bit about what the who certainly had much more political America Act, the greatest expansion of last months of a cancer victim are like. experience than I will ever have. But national service since the New Deal—it I can only say to her that we will do the thing I appreciated in Ted Kennedy goes on and on and on, big bills, bills everything we can in this body to end was—and I have said this often—he was that changed people’s lives, not just in cancer in our lifetime.

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We have heard references to a shoes, shoes that probably will never past 2 weeks we have heard many book he gave Senator BYRD, a poetry be filled in quite the same way, from a speak of his accomplishments. book, and how Senator Kennedy would family that will probably never be rep- It didn’t take long for me to realize bring his dogs over to Senator BYRD’s licated. when I came to this body, and more office; and listening to Senator I wish to end my remarks with a pas- and more as each year passed, that Ted CHAMBLISS, how Senator Kennedy made sage in the Prayer Book of the High Kennedy was probably the greatest leg- sure he knew when Senator Holy Day services for Reform Judaism. islator in modern American political CHAMBLISS’s grandchildren would be It was written when I was a teenager history. The guy was amazing, abso- here so the grandchildren could see his by a young rabbi I very much admired, lutely amazing; an inspiration for me dogs. He loved his dogs and he had that and I wish to share it at this time: personally to try to be a very good leg- very light touch. Birth is a beginning and death a destination. islator. Many people have also said I remember not too long ago—and And life is a journey: that. I am not the only one who has Senator BYRD referred to it—I think it From childhood to eternity and youth to recognized his talents and that he is was Senator BYRD’s 67th wedding anni- age; probably the best legislator in modern versary, and Senator Kennedy had the From innocence to awareness and ignorance American political history. foresight and the caring to send 67 to knowing; Let me just say why that was true roses to ROBERT BYRD and Erma Byrd. From foolishness to discretion, and then, for me. First of all, it was the passion perhaps, to wisdom; It was one of the things he just did, as From weakness to strength or strength to of his convictions. His moral compass well as all the letters he wrote, the weakness was set so true: for the average person, handwritten letters he wrote. —and, often, back again; the little guy, the person who didn’t Here is this wonderful guy who prob- From health to sickness and back, we pray, have representation, health care, the ably never used a BlackBerry; didn’t to health again; poor, civil rights. He just believed so know what they were. We know what From offense to forgiveness, from loneliness passionately, so steadfastly. His moral they were. We use them. He wrote to love, from joy to gratitude, from compass was just so firmly set. There notes, hundreds of notes, thousands of pain to compassion, and grief to under- is no question of what Ted Kennedy standing— handwritten notes, tens of thousands of From fear to faith; from defeat to defeat to was and what he believed in, and it handwritten notes. It was incredible. defeat— made him alive. It was his dream to He would write a note to anybody at Until, looking backward or ahead, we see fulfill the lives of the people he worked any time—just a light touch—on their that victory lies not in some high place so hard for. birthday or call them on their birthday along the way, but in having made the All of us remember Ted Kennedy or call somebody who was in the hos- journey, stage by stage, a sacred pil- working so hard to fulfill his dreams. pital. He would just do that, more than grimage. From his desk over here, he would any other Senator here I can think of, Birth is a beginning and death a destination. stand up and he would thunder, red- And life is a journey, a sacred pilgrimage— and I would venture to say probably To life everlasting. faced. He would get so involved, so pas- more than most Senators combined. He sionate, speaking so loudly, almost Ted Kennedy leaves a giant legacy in was just that way. shouting what he believed in. You Let me give one small example. Sev- this body and we should not forsake it. couldn’t help but know that here was a Thank you very much, Mr. President. eral years ago, in my hometown of Hel- guy who believed what he said and, by I yield the floor. ena, MT, I was at a meeting and came gosh, let’s listen to him. He also had The PRESIDING OFFICER (Mr. back late at night after the meeting, terrific staff. Ted Kennedy’s staff had UDALL of New Mexico). The Senator and my mother said: MAX, Ted Ken- him so well prepared. All of these brief- from Montana is recognized. nedy called. Mr. BAUCUS. Mr. President, fol- ing books—I will never forget the brief- Really? lowing the passing of President John F. ing books Ted took, and he read them. Yes, Mom said. Well, I told him you Kennedy, Senator Mike Mansfield said: He studied them. He was so well pre- were out, but we had a nice chat, Ted ‘‘He gave us of his love that we, too, in pared. Along with his passion was his Kennedy and I. turn, might give.’’ preparation, and his staff just helped What did you talk about? These words ring true today as we re- him prepare because they were all one We talked about the Miles City buck- member the life of our late colleague, team. They were working so closely to- ing horse sale. It is an event in Mon- Senator Ted Kennedy. gether for the causes they believed in. tana that comes up every year. Ted So much of this country’s history in I also was impressed and found him came and rode a horse at the Miles the past half century can be attributed to be such a great legislator because City bucking horse sale back in 1960. to this one man. But Ted Kennedy was after the speeches he believed in so A few days later I was back on the also a modest man, and he would not thoroughly and passionately, he would floor of the Senate, and I walked up to have put it that way. sit down with you and start to nego- Ted and I said: Ted, I understand you Speaking almost 30 years ago at the tiate, try to work out an agreement, talked to my mother. 1980 Democratic National Convention, try to work out some solution that Oh, he said. Sometimes on the tele- he quoted Tennyson: made sense for him and made sense for phone you are talking to somebody, you if you happened to be on the other you can tell who the person is. Your I am a part of all that I have met . . . Tho much is taken, much abides. side. It was amazing to sit and watch mother, she is such a wonderful person, That which we are, him work, a different demeanor, a dif- so gracious, on and on talking about we are one equal temper of heroic hearts ferent temperament. He would sit there my mother and the conversation the Strong in will and cajole, talk, tell jokes, all in good two of them had. To strive, to see, to find spirit, all in an attempt to try to get to They had never met before. My moth- and not to yield. the solution. er is a staunch Republican, and here is In the more than 46 years that Sen- On the one hand he would be here in Ted Kennedy. ator Kennedy served this body, he did the Chamber and he would be thun- So I went back home a few days not yield and, in turn, he affected each dering, but in the conference room he later, and I told my mother, I said: and every American. would be saying: OK, let’s figure out Mom, Ted was sure impressed with the During his career in the Senate, Sen- how to do this. How do we get this telephone call you had. ator Kennedy authored thousands of done? It was amazing. It was such a Oh, gee, that is great. That is won- bills, and hundreds of them became lesson to learn just watching him legis- derful. law. From championing civil rights to late. My mom wrote Ted a note thanking advocating equal opportunity and high- I think he is also one of the best leg- him for being so—for praising her so er education, to fighting for access to islators in modern American political much to me, her son, just a few days affordable health care for all Ameri- history because he had such a light earlier. cans, Senator Kennedy’s work has touch. He really cared individually for Well, the next thing I knew, my quite simply improved the quality of people, not just groups but individ- mother and Ted were pen pals. Ted

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9216 CONGRESSIONAL RECORD — SENATE September 10, 2009 wrote a letter back to my mother, and I yield the floor. sense of what it would take to get they were back and forth and back and The PRESIDING OFFICER. The Sen- votes from my side. So, together, we forth. I would be at a committee hear- ator from Wyoming is recognized. were able to craft several bills that we ing someplace and Ted would say: Hey, Mr. ENZI. Mr. President, I appreciate were able to move through committee MAX, look. Here is the letter I am writ- having this opportunity to join in the and to the Senate floor. ing your mother. Just out of the blue. celebration of the life of Ted Kennedy. When I served as the chairman of the Basically, they were just reminiscing His loss was deeply personal to all of us Health, Education, Labor, and Pen- about Montana and again about the because he was a strong and vital pres- sions Committee, the partnership we bucking horse sale, which is another ence not only in the day-to-day work of had forged over the years helped us to reason Ted was such a great guy. the Senate but in our day-to-day lives compile a record of which we were both He lived life so fully. He just loved as well. He was interested and con- very proud. We passed 35 bills out of life. He embraced life in all of the ways cerned not only about his colleagues committee, and 27 of them were signed that life is available to a man. He was but our staffs and all those with whom into law by the President. Most of just wonderful that way. he worked on a long list of issues that them passed unanimously. I remember Back in 1960 when his brother was will continue to have an impact on our attending a bill signing during which running for President, Ted was as- Nation for many generations to come. the President remarked, ‘‘You are the signed the Western States in the 1960 That was the kind of individual Ted only committee sending me anything.’’ Presidential campaign. So Ted was out was—active and completely involved in We checked, and he was right, and that in Montana, and they went to a Demo- all things that had to do with the work was due, in large part, to Ted’s willing- cratic gathering. There wasn’t anybody of the Senate. ness to work with us to get things there, so he went to the Miles City For my part, I have lost a Senate col- done. bucking horse sale. We in Miles City, league who was willing to work with I will always remember two stories MT, have this bucking event. We take me and with Senators on both sides of about Ted. One was a time when we these horses off the prairie and buck the aisle. He was my committee chair- were working together on a mine safe- them. You bid on the horses and, obvi- man and my good friend. ty law. Nothing had been done in that ously, the best bucking horses get the For those across the country who area for almost 30 years. The average highest bid and go off with the rodeo mourn his passing, they have lost a bill takes about 6 years to pass around operators and they use them. trusted and treasured voice in the Sen- here. Thanks to Ted, we got that one Anyway, the long and the short of it ate, a champion who fought for them done in 6 weeks, and it has made a dif- is, Ted was there and he went to the for almost 50 years. ference. bucking horse sale and got in the booth The political landscape of our coun- Another had to do with my first leg- because he wanted to speak on behalf try has now been permanently islative initiative after I arrived as a of his brother. The announcer said: changed. I think we all sensed what his newly sworn-in freshman Senator. I Well, young man, if you want to speak, loss would mean to the country as we knew Ted had quite a good working re- first you have to ride a horse. heard the news of his passing. Now we lationship with my predecessor, Alan Ted said: Why not. take this time to look back to the past Simpson. So as I began to work on an So Ted got on a horse and there is and remember our favorite stories and OSHA safety bill, I started to discuss this wonderful photo of Ted at the instant replay memories of the Senator the bill with Ted and other colleagues Miles City bucking horse sale in Mon- from Massachusetts. and go through it section by section. I tana that somebody took. So there is In the more than 12 years I have had knew Ted’s support would be instru- Ted on his bronco. I don’t think he the privilege of serving Wyoming in mental if my efforts to pass the bill made the full 8 seconds, but he sure the Senate, I had the good fortune to would be successful. So I arranged to had a great time on that horse. come to know Ted on a number of lev- meet with him. The long and short of it is, he is a els. As a Senator, he was a tremendous Ted opened our meeting by pre- great man for so many reasons, and we force to be dealt with on the floor. If senting me with some press clippings love Ted for all he was. Again, I think you were on his side, you knew you had he had collected for me about my he was the greatest legislator I think, a warrior fighting alongside you who mother’s award as ‘‘Mother of the in modern American political history. went to battle without the slightest Year.’’ That impressed me and showed I am touched by what a family man fear of failure or defeat. If you had to me how he kept up on anything that he was. As the years went by, after his face him from the other side of the was of importance to those people he brothers were tragically lost and all arena, you knew you had a tremendous worked with—members and staff. that happened in the Kennedy family, battle on your hands because, when it Then he spent a great deal of time Ted was a rock to others in the family. came to the principles he believed in, going over the bill with me section by He experienced so much and he went no one said it better or with more pas- section. He helped me to make it a win- through so much tragedy and it has sion or more depth of understanding of ner. Although the bill, as a whole, built so much character. the issues involved. As a result, he was didn’t pass, several sections made it Ted was more than a Senate icon who able to notch an impressive list of leg- into law. I found out later that this fought for causes, more than a voice islative victories. wasn’t the way things are usually done for the Commonwealth of Massachu- During his long and remarkable ca- around here, and in all the years Ted setts. As I mentioned, he was a loving reer, there were few initiatives that had been in the Senate, nobody had son, brother, husband, father, uncle, didn’t attract his attention and his gone over a bill with him a section at grandfather, and friend. Working with unique spirited touch that often turned a time. I probably didn’t need to. him for the past 30 years is one of the them from faint hopes for change to That started a friendship and a good greatest honors I have had as a Sen- dreams at long last come true. Whether working relationship with him we both ator. it was an increase in the minimum cherished. I tried to be a good sounding Ted, as far as I am concerned, we are wage, equal rights for all Americans or board for him, and he always did the going to take up your last great cause, the effort to reform our Nation’s same for me. Our friendship can best be health care reform. We are, in the Sen- health care system, which was his summed up when Ted came to my of- ate, doing all we can to get it passed. I, greatest dream, Ted operated at one fice and presented me with a photo of a personally, pledge every ounce of en- speed and one direction—full speed University of Wyoming football helmet ergy at my command to help get health ahead—and it always found him mak- next to a Harvard football helmet, with care reform passed for all the American ing progress on the task at hand. the inscription, ‘‘The Cowboys and the people and for Ted Kennedy. Over the years, I was fortunate to Crimson make a great team.’’ We did, He was a wonderful man, and he will have an opportunity to work with him and I will always remember his be sorely missed. I don’t think there is on a number of issues of great impor- thoughtfulness and kindness in reach- going to be another man or woman in tance to us both. He knew what he had ing out to me. the Senate who will be a giant such as to have in a bill to get his side to agree Ted was one of those remarkable in- Ted Kennedy. He was that great a guy. on it, and I was fortunate to have a dividuals who made all those he

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9217 worked with more productive. He was a courage at the most trying times. And Week after week, he fought against man of exceptional abilities, and he all the while, he was also standing in bad amendments to get the votes we was blessed to have a truly remarkable this Chamber each day with that same needed to pass it. helpmate by his side. Vicki is a woman grit and determination to fight for the He blended the right mix of patience of great strength, who brought a re- people of Massachusetts and the Na- and passion. He spoke out loudly in newed focus and direction to Ted’s life. tion. speeches when he needed to, and he She was his most trusted confidant, his On issues from protecting the envi- whispered into the ears of colleagues best friend, and a wellspring of good ronment, civil rights, increasing the when that was called for. A few days advice and political counsel. He would minimum wage, and health care, he after Senator Kennedy pledged to me have never been all that he was with- was a passionate and unmatched advo- we would get it done, we did. out her, and she will forever be a spe- cate and leader. Through that effort, and many more cial part of his life’s story. So it was with a lifetime of watching battles on this floor, I learned so much For the Enzis, we will always remem- Senator Kennedy with admiration from from him and so have all of us because, ber how thoughtful he was when my afar that I arrived here as a freshman more than almost anyone, Senator grandchildren were born. He was al- Senator in 1993. By the time I was Kennedy knew the Senate. He knew most as excited as I was. He presented elected, Ted was already on his way to how to make personal friends, even me with a gift for each of them that becoming one of the most powerful and with those he didn’t agree with politi- will always be a cherished reminder influential Senators of all time. So I cally. He knew how to reach out and that Ted had a great appreciation for couldn’t believe it when I first walked find ways to work with people to get all of us, and he treated both Members out onto this floor and he walked over them to compromise for the greater and staff with the same kindness and to personally welcome me. For me, good. He knew when not to give up. He concern. that would have been enough—the lion knew when to change the pace or turn Actually, we got Irish Mist training of the Senate reaching out to a rook- the page to get things done. He knew pants for each of them as they were ie—but to Ted Kennedy it wasn’t. when to go sit down next to you or pick born. Through calls to my office, discus- up the phone and call you. He knew When Ted was asked, during an inter- sions on the floor, and by taking me how to legislate. Because of that, he view, what he wanted to be most re- under his wing on the HELP Com- built an incredible legacy. membered for, he said he wanted to mittee, he became a friend, a mentor, It is a legacy that will not only live make a difference for our country. He and sooner than I could have ever on in the Senate Chamber, where he was able to do that and so much more. imagined a courageous partner on leg- was so well loved and respected; it is a He will be missed by us all, and he will islation that I cared deeply about. legacy that will live on in the class- rooms across America, where kids from never be forgotten. All those who knew As a State senator in Washington, I Head Start to college have benefited and loved him will always carry a spe- had worked very hard before I got here from his commitment to opportunities cial memory with them of how he to successfully change the State laws in education; on manufacturing floors, touched their lives as he tried to make in Washington on family and medical where he fought for landmark worker our Nation and the world a better leave. It was an issue that was ex- safety protection; in our hospitals, place. tremely personal to me. My father had Now he has been taken from us and it where medical research that he cham- been diagnosed with multiple sclerosis will always feel like it all happened too pioned is saving lives every day; in when I was very young. Since that soon. He has a record of achievements courtrooms, where the legacy of dis- time, my mother had always been his and success that will probably not be crimination was dealt a blow by his primary caregiver. But a few years be- matched for a long time to come. He years of service on the Judiciary Com- fore I ran and became a Senator, my was a special friend and a mentor who mittee; in voting booths, where he mother had a heart attack and had to had a lot to teach about how to get fought for our most basic rights in a undergo bypass surgery. things done in the Senate. I know I will democracy to be protected and ex- miss him and his willingness to sit Suddenly, my six brothers and sisters panded for decades; and in so many down and visit about how to get some- and I were faced with the question of other places that were touched by his thing through the Senate and passed who was going to take time off to care service, his passion and his giant heart. into law. Now he is at peace and with for the people we loved the most, the Senator Kennedy fought for and won God. May God bless and be with him people who cared for us for so long. so many great battles. But for many of and continue to watch over his family A family leave policy would have al- us who worked with him every day, it for years to come. lowed any of us just a few weeks nec- may be the small moments that will be The PRESIDING OFFICER. The Sen- essary to see them through their med- remembered the most—the personal ator from Washington is recognized. ical crisis. But at the time, none was touch he brought, not only to legis- Mrs. MURRAY. Mr. President, when I available. lating but to life. was young, Ted Kennedy was larger So after running and winning and As I mentioned a moment ago, my than life. I was just 12 years old when coming to the Senate, the Family and mom had to take care of my dad for he was first elected to the Senate as Medical Leave Act was a bill I wanted most of his life. His multiple sclerosis the youngest son of a political dynasty to stand and fight for. As it turned out, confined him to a wheelchair and she that seemed to dominate the television it was the first bill we considered. could not ever leave his side. One of the each night in my house and the news- Senator Kennedy was here managing few and maybe the only time she did papers every day. that bill on the Senate floor, and I leave my dad is when I was elected to At first, he served in the shadow of found out that he, too, had a personal the Senate and she flew all the way his older brothers. But as I grew up, connection to that bill. from Washington State to Washington, the youngest brother of the Kennedy I well remember one day when Sen- DC, to see me be sworn in. family did, too—in front of the entire ator Kennedy pulled me aside to tell To my mom, Ted Kennedy and his Nation. me about how he had spent a lot of family were amazing individuals whom For me and so many others, Ted Ken- time with his own son in the hospital she followed closely throughout their nedy became a symbol of perseverance fighting cancer and how he met so lives, through their triumphs and, of over tragedy—from his walk down many people at that time who could course, through tragedy. After I was Pennsylvania Avenue at the side of not afford to take time off to care for sworn in, and my mother was up in the Jacqueline Kennedy, to the heart- their loved ones and how some were gallery watching, we walked back breaking speech he delivered at his forced to quit their jobs to take care of through the Halls of Congress to my of- brother Bobby’s funeral, to his pledge somebody they loved because they were fice. Shortly after that, we had a vis- to carry on the causes of those who had sick. He told me that, together, we itor. Senator Kennedy unexpectedly championed his bid for the Presidency. were going to work hard and get this came over to my office and gave my Ted Kennedy routinely appeared be- bill passed. Then he showed this rookie mom a huge hug. I will never forget the fore the American people with great how to do it. look on her face, the tears in her eyes,

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9218 CONGRESSIONAL RECORD — SENATE September 10, 2009 the clear disbelief that she had met early days. But here in the Senate, The loser will have to hold the pennant Ted Kennedy, and it was overpowering. when you get to know people person- of the winning team over his head and It was a moment with my mom I will ally and when you are in our walk of recite ‘‘Casey at the Bat’’ on Capitol never forget, and it is certainly a mo- life, being a Senator, you get to know Hill. We had a bet. The Yankees won. I ment I will never forget with my friend a lot of people personally. You get to went over to him—and he was feigning Ted Kennedy. meet a lot of famous people. Some of fear, this man who had been through I am going to miss him. I know our them, frankly, are disappointing. The everything. When we went out on the country is going to miss him. But as he more you see them the less you want steps, he was hiding behind me. I have reminded us in his courageous speech to know them. But with Ted Kennedy, a picture of it on my wall. We were jok- that he delivered last summer in Den- the more you got to see him, the closer ing and laughing. And then he did his ver, the torch has been passed to a new you got, the better he looked. duty. generation, and the work begins anew. He had flaws, but he was flawless. He I was only a freshman Senator, sort So today, as we honor all of his con- was such a genuine person and such a of like PATTY or anybody else. He went tributions to the Senate and the Na- caring person and such an honorable out of his way for all of us. He would tion, we must also remember to heed and decent man that I wish my chil- tell me to remember the birthdays and that brave final call and continue his dren had gotten to know him, that my the individual happenings in each per- fight for all of those who cannot fight friends had gotten to know him, that son’s life, in each Senator’s life, and go for themselves. all of my 19 million constituents had over and say something to them. It was Mr. President, I yield the floor. gotten to know him a little bit the way his way of teaching me. It was done The PRESIDING OFFICER. The Sen- I did. like a father. An amazing person. ator from New York. What a guy. There are so many sto- As I said, the closer you got to him, Mr. SCHUMER. Mr. President, first, I ries and so many memories. One day the better he looked. As a legislator thank my friend and colleague Senator Ted and I sat next to each other—I and as a giant in our history—and all MURRAY for her heartfelt words, and all used to sit over there. I think it was the history books record it—people of my colleagues. The love we all felt one of the vote-aramas, a long session. have referred to all his accomplish- and feel for Ted Kennedy is genuine. It We occasionally would go up to his ments. But I want to share with people is person to person because that is how hideaway to talk. I said: Why don’t we how it was in person, one on one. You he was. bring some of the freshmen. This was a could be a Senator or you could be two There is so much to say. I know we couple of years ago. I regret that you, guys on a street corner. He was fun and are limited in time. We could speak Mr. President, and the Senator from he was caring and he was loving. He forever. I think every one of us could Oregon in the class of 2008 did not have was a big man, but his heart was much speak forever about Ted Kennedy be- that experience. We would go up to his bigger than he was. cause he had so many interactions with hideaway, and he would regale us with He loved almost everybody. He saw each of us. It is amazing that every stories. He would talk about the pic- the good in people and brought it out. person in this body has a long list of tures on the wall and tell each person He saw the faults in people, and in a stories and thousands of people in Mas- in caring detail what each picture strong but gentle way tried to correct sachusetts and thousands more meant, what each replica meant. He them. He was great on the outside, and throughout America. One would think would tell jokes and laugh. His caring he was even more great on the inside. there were 20 Ted Kennedys. He had so for each person in that room, each a Again, I see my colleagues are wait- much time for the small gesture that new freshman, was genuine, and they ing. I will part with this little memory mattered so much, such as the hug, knew it. We would go up regularly. It that I will never forget. Ted and I be- going out of his way to go to a recep- sort of became a thing, freshman Mem- came good friends. We spent time to- tion and hug PATTY MURRAY’s mom. It bers of the Senate. Ted didn’t need gether in many different ways. When happened over and over again. So we them. He could get whatever he had to he got sick, I felt bad, like we all did. could each speak forever. get done and they would support him. I would call him every so often. This I know time is limited, my colleague But he cared about them as if they was October of last year. He was ill, from Oregon is waiting. We are going were almost family. but he was still in strong health. I to shut off debate soon and others want Whenever we had a late night, we called him a couple of days before it to speak. I will touch on a few things. would sort of gather—I would be the was October. I said: We have a DSCC I could speak forever about Ted Ken- emissary and I would go over to Ted event a couple days from now in Bos- nedy. I thought of him every day while and say: Can we go upstairs? Of course. ton. I thought I would call and say he was alive; I think of him every day AMY KLOBUCHAR, SHERROD BROWN, hello, let him know I was going to be in that he is gone. I had a dream about CLAIRE MCCASKILL, BOBBIE CASEY— his State, his territory. him the other night where typically he their faces would light up, and there we He said: What are you doing before was taking me around to various places would go to hear more stories about the event? He said: Why don’t you in Boston and explaining a little bit the past, the Senate, the individuals. It come out to the compound at Hyannis. about each one with a joke, with a is a memory none of us will forget. I did. He picked me up at the airport. smile, with a remembrance. Ted Kennedy would size people up I flew in on a little plane. I will never There is also nothing we can say early on, and he would care about forget, he had his hat on. He was happy about Ted Kennedy because nothing is them. He was very kind to me, but he as could be pointing out everything, going to replace him. No words can also knew I was the kind of guy you full of vim and vigor. come close to equaling the man. had to put in his place a little bit. I It is obvious why the man was not You read about history and you read would get hazed by Ted Kennedy. JAY afraid of death. When you know your- about the great people in the Senate— ROCKEFELLER told me he went through self and you know you have done ev- the Websters, the Clays, the the same thing when he got here. He erything as he did on both a personal LaFollettes, the Wagners. What a knew who I was but would deliberately basis and as a leader, you are not privilege it was for somebody such as not mention my name. He would be afraid of death. Anyway, he was not at myself, a kid from Brooklyn whose fa- standing there saying: Senator MIKUL- all talking about that. ther was an exterminator, never grad- SKI, you will do this, and Senator HAR- We were supposed to go out sailing, uated from college, to be in the pres- KIN, you will do this; Senator CONRAD, but it was too windy. So we had ence and was actually a friend to a you will do this—I was the last one— lunch—he, Vicki, and I—clam chowder great man. I don’t think I can say that and the others will do this. It was fun. and all the usual stuff. Then he said: I about anyone else. It is amazing. He did it with a twinkle in his eyes. We want to show you something. He lived What I want to tell the American loved, he and I, the give and take, in the big house on the compound, the people—you all read about him. There Brooklyn-Boston. one you see in the pictures. He took me were the good times and the bad times The first year I was here, the Red to the house by the side. That was the and the brickbats that were thrown at Sox were playing the Yankees in the house where President Kennedy lived him, not so much recently but in the playoffs. Ted and I made a bet. He said: because when President Kennedy was

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9219 President, Joseph P. Kennedy, Ted’s fa- was sworn in, that unanticipated, mi- biography written by CAPT Joshua ther, lived in the big house. raculous event of serving with him oc- Slocum. Joshua Slocum had been For about 3 hours, he opened all curred. raised in a large family and, to my these drawers and closets, things on I wanted to talk to him about the recollection, a family of no great the walls, and with each one in loving, possibility of joining his Health, Edu- means. He had gone to sea when he was teaching detail talked to me about the cation, Labor and Pensions Com- a young boy—as a cabin boy or a deck- history of the family and of Boston, mittee—a committee where so many hand—and he learned to sail the tall what happened from Honey Fitz, the battles for working Americans, so sheets. Over time he advanced through mayor, through his father and Ted many battles for the disenfranchised the ranks until eventually he was the growing up in all these pictures laugh- Americans are waged. So with some captain of a merchant tall-masted ship. ing and reminiscing, and then about trepidation I approached him on the He had amassed some considerable President Kennedy as he was growing Senate floor to speak with him and amount of investment and value and up, and then as President in this little asked if he thought I might be able to loaned to share that ship. When the house and through to Ted. He was sort serve on that committee, if he might ship went down, he lost everything. He of passing on the memories. He did it whisper in the ear of our esteemed ma- saved his life, but he lost all of his pos- again out of generosity, spirit, love, jority leader in that regard, if he sessions. and friendship. thought I might serve well. It was with He was up in New England wrestling As I say, he was a great man and some pleasure that weeks later I had a with how to overcome this tragedy and every one of us knows his greatness message on my phone in which he went what to do with his life, and Captain was not only in the public eye but in on at some length welcoming me to Slocum had a colonel of an idea. He the private one on one. A great man. that committee. That was the first was offered the gift of a ship. Not real- The term is overused. There are not committee to which I received an as- ly a ship, a modest boat between 20 and many. He was one. I was privileged to signment here, and I couldn’t have 30 feet long, single-masted. He later get to know him, to get to be his been more excited and more pleased. overhauled it and added an after-mast. friend, to stand in that large shadow, I didn’t have a chance to have a lot of But he thought: I can rebuild this ship. learn from him, enjoy it, and to love conversations with Senator Kennedy. I He said he rebuilt it, in his story, Cap- him. was very struck when a bit more than tain Slocum. He rebuilt it all but the So, Ted, you will always be with us. a month ago his staff contacted me and name. The Spray stayed from the be- They may take those flowers off that said, in conversation with Senator ginning to the end. He rebuilt it and desk and they may take the great Kennedy, they were wondering if I went to sea to fish. But it wasn’t much black drape off the desk, but you will might like to carry on the torch on the to his liking, and so Captain Slocum always be here for me, for all of us, and Employment Non-Discrimination Act, had an idea that he was going to per- for our country. a civil rights measure he cared a great haps sail around the world. I yield the floor. deal about. They were asking me be- He thought: Why not just sail right The PRESIDING OFFICER (Mr. cause it was a battle I had waged in the out across the Atlantic. It was a revo- BROWN). The Senator from Oregon is Oregon Legislature. It had been a hard lutionary idea because no one had ever recognized. battle, fought over a number of years, tried to sail around the world by them- Mr. MERKLEY. Mr. President, I rise and a battle we had won. selves, just a single person. But he set today to remember and honor our col- I was more than excited, more than off and he went to Europe. league Senator Edward Kennedy. I first honored to help carry the torch on such I tell you this story at some length had the pleasure of hearing Senator an important civil rights measure, and because Senator Kennedy knew this Kennedy speak in 1976. I wanted to I hope I will be able to do that in a way story well, and we enjoyed sharing come out to Washington, DC, to see he would have been satisfied and pieces of it back and forth. how our Nation operated. I had the pleased. He had gone forth in 1895 and taken 3 great privilege of serving as an intern The Senator from New York, Mr. years to circumnavigate the globe and for a Senator from my home State, SCHUMER, talked about the many con- came back to New England 3 years Senator Hatfield. My father had always versations that took place in Senator later, in 1898. So this was well more talked about Senator Kennedy as Kennedy’s hideaway with freshmen than a century ago, and people around someone who spoke for the disenfran- Senators and the stories that were the world were astounded to see him chised, someone who spoke for the dis- passed on. I didn’t get to share much in sail into a harbor all by himself having possessed, someone who cared about those types of conversations, but as we crossed the broad expanse of an ocean. the working man. So I was looking for- were working on health care, Senator In some ways, the life of Captain Slo- ward to possibly meeting him or at Kennedy invited a group of us to his cum represents a version of the life of least hearing him, when lo and behold, hideaway to brainstorm. Through the Senator Kennedy—someone who faced I found out he was scheduled to speak course of about 2 hours we went great adversity, who faced great trag- as part of a series of lectures to the in- through many of the features and edy, but looked at all of it and said: I terns that summer. So I made sure to many of the challenges and how we am going to go forward. I am going to get there early, and what followed was might be able to go forward and finally go forward and do something bold, exactly the type of address you might realize that dream of affordable, acces- something important. For Senator anticipate—a roaring voice, a pas- sible health care for every single Amer- Kennedy, it wasn’t literally sailing sionate spirit, a principled presen- ican. around the world but it was sailing tation of the challenges we face to When the meeting concluded, I had a through a host of major issues that af- make our society better. I walked out chance to speak with Senator Kennedy fect virtually every facet of our lives— of that lecture and thought: Thank about the picture he had on his wall of certainly the issue of public service, goodness—thank goodness—we have his beautiful yacht—the Maya. Senator the National Service Act, the issue of leaders like Senator Kennedy fighting Kennedy and I both have a passion for mental health and the issue of health for the working people, the challenged, sailing. It connected us across the gen- care and the issue of education. the dispossessed in our society. eration, it connected us from the west Others who have served with him Through that summer, each time I coast to the east coast, it connected us have spoken in far greater detail and heard Senator Kennedy was on the between the son of a millwright and more eloquently than I ever could, but Senate floor I tried to slip over and go the son of a U.S. ambassador. It was I just want to say to Senator Kennedy: up to the staff section so I could sit in magic to see the twinkle in his eye as Thank you for your life of service. and see a little bit of the lion of the he started to talk of his love of sailing Thank you for overcoming adversity to Senate in action. During that time I and some of the adventures he had on undertake a bold journey, a journey never anticipated that I would have a various boats over time and with fam- that has touched every one of our lives. chance to come back and serve in the ily. Thank you for reaching out to converse Senate with Senator Kennedy. But 33 I asked him if he was familiar with with this son of a mill worker from Or- years later, this last January, when I one of my favorite stories—an auto- egon who felt so privileged to be on the

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I always referred (The remarks of Mr. ISAKSON are in which there was an important court to Ted Kennedy, not only knowing him printed in today’s RECORD under decision and there had to be laws and the larger-than-life way he has ‘‘Morning Business.’’) passed to deal with it. I was asked to been described, which was also true, The PRESIDING OFFICER. The sen- lead a task force here in the Senate to but for me the images are of sitting in ior Senator from North Dakota is rec- try to bring together different sides to a small room going over amendments ognized. deal with that legislation. Of course, on the Patients’ Bill of Rights when I Mr. CONRAD. Mr. President, I rise for a long time Ted Kennedy had been was in my first term and having the today to remember our colleague, Sen- a leader on those issues, as was Sen- great Ted Kennedy—not his staff but ator Kennedy. There is a newspaper in ator FRANK LAUTENBERG, and there Ted Kennedy—sitting in a room with the cloakroom that has Ted’s picture, were others as well. Ted far outstripped advocates talking about how we needed and it has a quote from Ted. It reads me in seniority. Yet I was asked to to mobilize and get people involved and this way: lead this task force. He came to me and what we needed to do to get votes or Since I was a boy, I have known the joy of said: Sign me up as a soldier in your ef- how to write something—doing the sailing the waters off of Cape Cod. And for fort. We had dozens of meetings, and work behind the scenes. all my years in public life, I have believed Ted was always there, pitching in, Ted Kennedy, because of who he that America must sail toward the shores of helping to make a difference even when was—his family, his certainly great liberty and justice for all. he was not the person leading the ef- leadership and knowledge, and his He went on to say: fort—it was somebody much more jun- length of time here—could have simply There is no end to that journey, only the ior. Of course, he had many other re- stood on the floor and made eloquent next great voyage. sponsibilities, but over and over, com- speeches, which he always did—the I like to think that Ted is on that ing up, stepping up, helping out. booming voice in the back that would next great voyage now. What a man. There was nothing small about Ted get louder and louder as he became I remember so well being elected in Kennedy. He had big plans, big ambi- more involved in what he was talking 1986 to the Senate and being sworn in tions, big hopes, and a big spirit. He about—he could have just done that, in 1987. I held a reception in a little was always reaching out to even the and that would have been an incredible restaurant close by with friends and most junior of us, to help out, to con- contribution to the Senate. But that is family from North Dakota. I will never nect, to be supportive, and to show how not what he did. He was as involved be- forget it. It was packed. You couldn’t much he cared about what we were hind the scenes in getting things done, move; so many people had come from doing and to give us a sense of how we more so than in the public eye. He North Dakota to be with me, family were fitting into making history. Ted worked hard and showed all of us an members from all over the country, also had a big view, a big view of the example of someone who was dedicated and a cousin of mine came up to me, so importance of the role of the Senate in to the details, to the advocacy as well excited, and he said to me: Senator making history and a sense of how as to what was happening on the floor critically important the decisions were Kennedy is here. I hadn’t known he was of the Senate. It was a very important that were being made in this Chamber. coming. But that was so typical of Ted, lesson for all of us. reaching out to the most junior of us There was nothing small about Ted As chair of the Steering and Out- because he knew what his presence Kennedy. reach Committee for our Senate major- When he was engaged in negotia- would mean. My family had been long- ity, one of my responsibilities is to tions—I will never forget him saying to time supporters of the Kennedys, and it bring people with various interests to- me: Keep your eye on what is possible. meant so much to my family for him to gether, usually on a weekly basis, to Keep your eye on what is possible. You be there that day. That was so typical meet with Members on issues from edu- know, we might want to accomplish of him, taking time to do things he cation to health care, clean energy, more, but take what you can get to ad- knew would mean a lot to others, even civil rights, veterans. People always vance the cause, to make progress, to when it was inconvenient for him. wanted to have Ted Kennedy in the improve the human condition, to make The thing I remember and will re- room. Again, as a very senior Member this a better place. That is what Ted member most about Ted is his human- with tremendous responsibilities, ity: that smile, that twinkle in his eye, Kennedy had in mind. I want to close. I see colleagues who chairing the HELP Committee and all that kind of mischievous grin that of the other responsibilities he had, he would come over his face when he are here wishing to speak as well. My favorite lines from a speech by could have easily said to me: You would be commenting on what was Ted Kennedy are from the 1980 conven- know, I am just not going to be able to going on here, late at night some- tion, when he closed with these words: do that. We will have more junior times—you know this place defies de- For all those whose cares have been our Members come and join in these meet- scription. Yet he always maintained concern, the work goes on, the cause en- ings. But he came, over and over again. that sense of humor, that joy in life. dures, the hope still lives, and the dream One of the things we joked about all He communicated it. He made all of us shall never die. the time was that he would see me feel as if we were part of something im- Ted, the dream will never die. You coming and say: I know, there is a portant, something big. are always in our thoughts. meeting tomorrow. I will be there. When somebody in this Senate family I yield the floor. He was someone who gave his all at had a problem, had a challenge, had a The PRESIDING OFFICER. The Sen- every moment. He also understood that medical issue, very often Ted was the ator from Michigan is recognized. people needed and wanted to see him, first to call. I had someone in my fam- Ms. STABENOW. Mr. President, I ap- to hear him, and the important leader- ily who had health issues, and some- preciate the opportunity to be here ship role he had here. It was important how Ted found out and kind of sidled with colleagues, and I so appreciate the to people. And he treated everyone the up to me one day on the floor and said: words of the Senator from North Da- same. You know, I heard you have somebody kota and those of the Senator from He was committed to a vision of who has a serious health issue. I sup- New York and all of our other col- making America the best it could be, pose you already have doctors, but if leagues who have been here, talking where every child would have the you are looking for additional assist- about our friend and colleague, the chance to grow up and be healthy, suc- ance or a second opinion and you want great Senator from Massachusetts. ceed in life, have a job, at the end of to find people who are experts in this I think for me, being in my second life a pension and retirement, and be area, I would be glad to help. That was term and still a relative newcomer able to live with dignity. His service

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9221 was great, but his legacy is even great- dear. Time and again, he raised his had been admitted to the hospital, and er. booming voice on behalf of the less for- it was a question of whether I would be I believe his challenge to each of us is tunate. He protected the rights and in- there at the fundraiser or go to Chi- even greater. It is true that nearly terests of the disabled. He extended cago to be with my son because my every major bill that passed in the last health insurance coverage to children wife, his mother, was in Minnesota. So 47 years bears some mark from Senator and fought to improve the American Senator Kennedy understood the di- Ted Kennedy—the Civil Rights Act; the health care system, a struggle that lemma but went on with the fund- Voting Rights Act; Meals for the Elder- would become the cause of his life. But raiser. We got our son taken care of, ly; the Women, Infants and Children perhaps his greatest single achieve- but after my son was out of the hos- Nutrition Program; the Violence ment came early in his career when he pital and home, guess who I got a call Against Women Act; title IX, which is stepped to the center of the national from days later wondering how my son giving so many women and girls the debate and led the fight against seg- was doing? It was Ted Kennedy. You opportunity to participate and move regation. He became a champion of the just don’t see a man of this caliber through education’s highest levels, in- civil rights movement, lending his full each and every day in this country. cluding the U.S. Supreme Court, as compassion to a difficult and divisive After I came to the U.S. Senate my- well as the wonderful athletic abilities issue. self, I had the honor to serve with Ted we have seen; the Children’s Health In- Today, we live in a nation that is only briefly. In all the time I knew surance Act; AmeriCorps; the National more free, more fair, and more equal Senator Kennedy, I came to see him as Health Service; the American Health because of Edward Kennedy. He was more than a living legend, more than a Parity Act; legislation to allow the the single most effective U.S. Senator senior statesman, more than the lion FDA to regulate tobacco; the Ryan of our time. He did more good for more he had become. For me, and for all who White Comprehensive AIDS Act; the people than anyone in the Senate has were fortunate enough to meet him Americans with Disabilities Act—it known before. And it will be a very over the years, he was a genuine goes on and on. These are just a few of long time before we see the likes of human being, a remarkable ally, and a the hundreds of bills Senator Kennedy him again. Ted Kennedy reminded us of compassionate friend. He displayed sponsored or cosponsored during his the greatness that lives in our highest nothing but kindness and respect for time in the Senate, and each and every aspirations. He enjoyed wonderful tri- everyone he met, from his good friends one of those bills made America a little umphs and endured terrible tragedy. to his bitter opponents. bit better. Through it all, he taught us to keep But for his many accomplishments His commitment to achieve the best the fire burning, to confront every and for all that he accomplished over for America, for every child, every challenge with passion and hope and the course of a lifetime in public serv- family, every worker was unmatched. with undying faith in the country we ice, there was at least one victory that We have lost the lion of the Senate, love so much. eluded him. As I address this Chamber and he will be sorely missed. Person- He reached across the aisle time and today, we stand on the verge of health ally, I have lost a friend, someone for again. When everyone said compromise care reform only because we are stand- whom I had the highest personal re- was impossible, Ted Kennedy did the ing on Ted Kennedy’s shoulders. spect and someone I cared deeply about impossible. When partisan politics di- And when the time comes, I plan to as a person. vided conservatives from liberals and honor his legacy and pay tribute to his To Vicki, to the family, we give our Republicans from Democrats, Ted Ken- service by casting the vote he did not love and affection and thanks for shar- nedy was always there to bring us to- live long enough to see. ing him with us. In his maiden speech gether in the service of the American When Senator Kennedy departed this in the Senate, Senator Kennedy spoke people. life on August 25, he left more than an of his brother’s legacy. Today, the I first met Ted Kennedy in 1962 when empty desk in this Senate Chamber. He same words can be spoken about him. his brother was President and Ted was left a fight for us to finish—a standard If his life and death had a meaning, it a young man running for the U.S. Sen- for us to bear. Long ago, he picked up was that we should not hate but love ate. I was a legal intern at the White the legacy of his fallen brothers and one another. We should use our powers House and a second-year law student at carried it forward into a new century. not to create the conditions of oppres- Howard University. For me, the chance Ronald Reagan once said: sion that lead to violence but condi- to serve the Kennedy administration— tions of freedom that lead to peace. and meet all three Kennedy brothers— Many men are great, but few capture the imagination and the spirit of the times. The Ted, we will miss you. was a remarkable and inspiring part of ones who do are unforgettable. Mr. BURRIS. Mr. President, it is my early career in public service. with a heavy heart that I take to the I had the good fortune to meet Sen- He was talking about President Ken- floor of the U.S. Senate today. For ator Kennedy one more time when I nedy. But his words ring just as true each of the past 46 years, this Chamber was running for reelection as state when applied to John Kennedy’s young- has rung with the words of a man who comptroller of the State of Illinois, est brother. came to be known as the lion of the having become the first African Amer- They speak to Ted’s enormous vital- Senate. But today, that familiar voice ican ever elected statewide to office in ity—to his towering impact on the has fallen silent. my State. I was up for reelection, and lives of so many for so long. He is gone For the first time in half a century, I had a major fundraiser and I needed a now, but his presence lingers in these this Senate returns to its work without big draw to come and help me raise halls. Edward M. Kennedy. With his passing, funds. In the many Senators to whom he our country has lost a true giant—a Someone said: Well, there is a Sen- has been a friend and mentor, in the compassionate public servant who be- ator from Massachusetts named Ted dedication, faith, and love of country came a legend in his own time, a man Kennedy. He will come and help you. that he inspired, in the wood and stone whose legacy is bound up in the history I said: No, no Senator of his caliber and soul of this Senate Chamber, his of the U.S. Senate, whose life and would come down to our capital for a legacy is very much alive. works have touched everyone in Amer- fundraiser for a person who is running Now, that legacy has been passed to ica since the day he entered public for State comptroller. each of us. And it is time to take up service almost 50 years ago. Needless to say, I contacted the Sen- the standard once again. This is a mo- Over the course of his career, he in- ator’s office. Without hesitation, Sen- ment to look to the future, not the fluenced more legislation than just ator Ted Kennedy appeared at the past—to meet difficult problems with about anyone in history. He argued fundraiser in our State capital to help bold solutions. passionately for voting rights and me maintain my seat as State comp- As the Lion of the Senate told us 1 helped extend the promise of our de- troller. year ago, at the Democratic National mocracy to a new generation. He spoke During that same time, we had a lit- Convention: out in defense of our Constitution and tle tragedy taking place that evening The work begins anew, the hope rises the principles of fairness we hold so when our 15-year-old son in Chicago again, and the dream lives on.

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They were taken speeches of Senators STABENOW, SCHU- so easy for him to walk away from this aback because they didn’t realize that MER, CONRAD, and Senator MERKLEY job, from this kind of life, from the this senior Senator, this person who also about Senator Kennedy. danger he faced. had served for over 40 years in the Sen- Instead, he stayed and he fought. He I wish to tell two quick stories about ate, was a person who dedicated every had everything anybody could hope for him. I had the pleasure of serving on day to doing his very best. Whether it his committee from 2007 on. But early in life. He had a loving family who was working with staff or meeting with in my first year in the Senate, the Sen- cared so much about him. He had all Members or working his committee or ators, as some know around the coun- the wealth he needed and the lifestyle making a speech on the floor of the try, certainly all Members of the Sen- so many would have been so tempted ate know, we choose our desks on the by. But, instead, he stayed and served Senate, his work ethic was one of not Senate floor by seniority. And so in the right up until his death. wasting a single moment in order to first month or so of 2007, the freshmen, That says to me everything I love deal with the Nation’s problems. the other 9 Members of my class, the 10 about Ted Kennedy and everything we Senator Kennedy served for 46 years of us were choosing our seats on the all should need to know about Senator in the Senate and had a tremendous Senate floor. You can look around the Kennedy. impact on the issues that have shaped Senate Chamber. There is no bad place The PRESIDING OFFICER (Mr. our Nation for almost a half century. BROWN.) The Senator from Arizona. to sit. He authored over 2,500 pieces of legisla- I heard from a senior Member that Mr. KYL. I would say to my col- league from Ohio, I commented on the tion. All Americans have been touched Senators carve their names in their by Senator Kennedy’s work. He dedi- desk drawers; sort of like high school, same point. It is pretty obvious Sen- ator Kennedy could have, because of cated his life to the nameless, the poor, perhaps. So I began to pull the drawers who he was, done just about anything. and the minority voices in America, open in some of the desks that had not He certainly would not have had to and that dedication is legendary. He yet been chosen. I pulled open this work as hard as he did. But I have has touched the lives of all Americans drawer, and it had Hugo Black of Ala- never known a harder working Senator by his work in the Senate, whether it bama, who was FDR’s favorite South- than Senator Kennedy. was what he did for voting rights or ern Senator, who introduced legisla- Mr. CARDIN. Mr. President, I rise to improving educational opportunities, tion for the 8-hour workday, making pay tribute to my friend, our colleague, dealing with the rights of immigrants, President Roosevelt’s 8-hour workday civil rights icon of the Senate, Senator minimum wage laws, national service, bill seem a little less radical, and suc- Edward M. Kennedy, our lion in the help for the mentally ill, equality for cessfully made its way through the Senate. I have lost someone who has Senate; Senator Green from Rhode Is- women, minorities, the disabled, chil- been a mentor, a friend, and one of my dren, the gay and lesbian community. land, who came here in the 1960s and heroes. The Nation has lost a great served more than two decades; Senator The list goes on and on. He was there leader. To his family, he was a rock. To fighting for those who otherwise would Al Gore, Sr., from Tennessee. And then his wife Vicki, his children, Kara, Ed- not have had a voice in our govern- it just said ‘‘Kennedy,’’ without a State ward, Ted, Jr., and Patrick, my former ment. He did it whether it was popular and without a first name. So I asked colleague when I was in the House, and Ted to come over, and I said: Ted, to his sister Jean and the entire Ken- or not in the State or Nation. He was which brother is this? nedy family, we extend our deepest true to his principles. The list goes on He said: It’s Bobby’s desk, I have condolences. To his Senate colleagues and on of what he did. Jack’s desk. and his constituents in Massachusetts, I had the great pleasure of serving And I, of course, fell in love with this he was a beacon of hope and persever- with him on the Judiciary Committee desk and got the opportunity to have ance for a better day in America. for 2 years. What a legacy he has cre- sat here for the last 3 years. When I came to the Senate in 2007, I ated on that committee. It was a great The other real quick story about was frequently asked during my first honor for me to be able to serve those Senator Kennedy; I know Senator KYL year—I am sure the Presiding Officer 2 years on the committee with him and is scheduled to speak. I and others were has been asked this by people in his to listen to him engage. There has been invited, from time to time, to go up to State—what is the highlight, what is no greater Senator on the Judiciary his study just off the Senate floor, one difference, what makes this place a Committee to fight on behalf of civil floor above us outside the Chamber, special place? What did you find dif- rights than Senator Kennedy. and to talk to him and hear him tell ferent in the Senate than you did in stories late in the evening as we were the House? The example I gave during He was clearly the conscience of the voting sometimes until midnight or 1 my first month in the Senate, when I Senate, to make sure we used every op- or 2. was sitting by myself on the floor of portunity to advance the rights of all What struck me about his study were the Senate, Senator Kennedy came by Americans so they could achieve their the photos on the wall. The photos and sat next to me. He said: Do you best. He was a legislator’s legislator. were pictures we all recognized: Presi- mind if we talk for a moment? He sat He had a gift. He had the ability to dent Kennedy, Joe Kennedy, Rose Ken- next to me, a new Member of the Sen- work across party lines and get work nedy, Ethel Kennedy, Bobby Kennedy, ate, and he said: Ben, can you tell me done. Eunice Kennedy Shriver; all the people what you think we should be doing in He believed in progress and doing the whom we recognized. health care? He wanted my views. He right thing. He had a voice that carried But Ted Kennedy said to us: These was looking to find out what this new through the halls of the Senate with are my family photos. Senator from Maryland thought was These were people we recognized in possible in health care reform. That such passion and yet with such grace. the photos, but I had never seen those was Senator Kennedy. Senator Ken- Senator Kennedy once said: photos, none of us had. These were not nedy engaged each Member of the Sen- We know the future will outlast all of us, the photos in LIFE magazine; these ate to find a common denominator to but I believe that all of us will live in the fu- were the photos of the Kennedy family. move forward in solving the major ture we make. But what impressed me about that problems of America. It was truly a was they were the Kennedys at unique experience for me to see one of Senator Kennedy stood for and Hyannis Port, the Kennedys sailing, the most senior Members of the Sen- fought for a better America—even the Kennedys in the Capitol, the Ken- ate, a person known internationally for when it was not the popular thing to nedys at the White House. What im- his legislative skills, seek out a new do. Senator Kennedy stayed true to his pressed me was Ted Kennedy so easily Member. principles throughout his entire life.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9223 With great loss and much sadness, I Senator Kennedy had an enormous development. His work led to the en- give much thanks for his service, his impact on education policy. He cham- hanced preservation of numerous treas- friendship, and his dedication. Senator pioned early childhood education ured resources in Massachusetts in- Edward Kennedy will never be forgot- through his support of Head Start and cluding the Minute Man National His- ten. creation of Early Head Start. His work toric Park, the Taunton River, the New I thank my dear friend, Senator Ken- in reauthorizing the Elementary and England Scenic Trail, the Freedom’s nedy, for the contributions he made to Secondary Education Act included im- Way National Heritage Corridor, the this institution, the U.S. Senate, where provements such as the Star Schools Boston Harbor Islands, the Quinebaug- I now have the great honor of serving Program Assistance Act, which im- Shetucket National Heritage Corridor, the people of Maryland. Senator Ken- proves instruction in critical areas Essex National Heritage Area, and the nedy’s legacy will live forever, and we such as mathematics, science, and for- Lowell National Historical Park. thank him for his service to our Na- eign languages, as well as the No Child In addition to his accomplishments tion. Left Behind Act, which requires stand- and advocacy on behalf of the people of Mr. President, I yield the floor. ards-based assessments for elementary our country, I will remember Ted Ken- Mr. AKAKA. Mr. President, I rise and middle school students among nedy as a true friend, always generous today to pay tribute to my friend from other reforms. With regard to higher with his assistance and time. For many Massachusetts, Senator Edward Moore education, Senator Kennedy supported years, my desk was next to Senator Kennedy, who improved the lives of so the creation of the Pell Grant program, Kennedy’s. He welcomed me to the many people during his 46 years of Direct Lending program, and Ensuring Senate and always provided sound ad- service in the Senate. My warm aloha Continued Access to Student Loans vice and guidance. and prayers continue to be with Vicki Act to aid Americans in paying for col- In 1990, despite the long journey, Sen- Kennedy, staff members, the Kennedy lege. Throughout his efforts in edu- ator Kennedy came to Hawaii to help family, and his many friends. cation policy, he recognized the needs me during my first Senate campaign. I Senator Kennedy’s extraordinary remember the rally that we held in of underserved populations, and en- life-long commitment to public service Honolulu at McKinley High School as deavored to make education more af- produced a proud legacy that has in- being one of the largest ever held in fordable. I also appreciated his working cluded expanding access to quality of Hawaii. We also had a memorable visit with me on the Excellence in Econom- health care and education, protecting to an early childhood development pro- and empowering our Nation’s work- ics Education authorization and subse- gram. Footage of the event was re- force, ensuring civil and voting rights, quent funding requests so that more cently replayed on the news in Hawaii, and protecting our Nation’s natural children could be better prepared for showing Senator Kennedy and me sing- and cultural resources. the financial decisions they will have ing Itsy, Bitsy, Spider with the chil- Before outlining several of Senator to make as consumers, investors, and dren. Kennedy’s important achievements, I heads of households. We toured Kapiolani Children’s Hos- want to share a story that dem- I also greatly appreciate all of the pital where we saw the devastating ef- onstrates our shared commitment to work done by Senator Kennedy to im- fect that crystal meth was having on helping working families and his opti- prove the lives of members of our Na- families. mistic outlook about the future despite tion’s workforce. Senator Kennedy Senator Kennedy visited the Univer- temporary disappointments. A beaming helped increase the Federal minimum sity of Hawaii’s John F. Kennedy The- Senator Kennedy flagged me down on wage 16 times. He fought for strong atre, where he received an award for the morning of March 2, 2005. He asked workplace health and safety standards, his work on health care. He spoke elo- me if I had seen the Washington Post. promoted equal pay for equal work, quently about our Great Country, Con- In an editorial criticizing the bank- and secure retirement benefits. Sen- gressional debates, civil rights, and ruptcy overhaul under consideration in ator Kennedy believed the right of economic empowerment programs. the Senate, the Post indicated the bill workers to unionize and bargain collec- I, along with every Member of this could be made more fair by the inclu- tively was fundamental and was always body, will very much miss our friend sion of several amendments by Senator a tireless advocate for this cause. In from Massachusetts. Senator Ken- Kennedy intended to protect con- addition, Senator Kennedy was a cham- nedy’s extraordinary work has im- sumers and my amendment to better pion of our Federal workers and op- proved the quality of life for so many inform consumers about the true costs posed efforts to outsource Federal jobs people. We can honor his memory by con- associated with credit card use. After and erode workers’ rights. I recall his tinuing to work to address the issues my amendment was defeated, Senator staunch opposition to weaken the a Senator Kennedy was so passionate Kennedy was the first member to ap- rights of Department of Defense and about such as meaningful health care proach me. He complimented me for Department of Homeland Security em- ployees and his strong statements in and immigration reform. my work and told me that we would I say aloha to my good friend and win on the amendment one day. Sen- support of granting Transportation Se- curity Administration Security offi- colleague, Senator Kennedy. ator Kennedy was right. It took me an- Mr. President, I yield the floor. other four years, but my credit card cers real rights and protections. Mr. INOUYE. Mr. President, there Senator Kennedy’s career-long dedi- minimum payment warning and credit are no words to express the sadness of counseling referral legislation was en- cation to ensuring civil and voting the great loss of our dear friend Sen- acted this May as part of the credit rights helped bring about numerous ator Edward M. Kennedy. America has card reform law. changes that have made our country lost a great patriot and great leader. I As an eternal optimist, Senator Ken- stronger, more equitable, and just. He have lost a good friend. nedy never stopped advocating for the condemned the poll tax, led efforts to While it is difficult to say goodbye to causes so important to working fami- lower the voting age to 18, and removed a dear friend, I am consoled with the lies such as increasing access to qual- voting barriers. His fierce and noble op- certainty that Ted’s spirit and message ity health care. Senator Kennedy position to discrimination by race, eth- will continue to resonate in the Sen- helped establish community health nicity, gender, age, disability, sexual ate. The solemn but joyful celebration centers, the Children’s Health Insur- orientation, or religion guided much of of Ted’s life reminded one and all that ance program, and programs that as- his work. we should remember to help the poor, sist individuals suffering from HIV/ Senator Kennedy’s advocacy for nat- to heal the sick, to feed the hungry, AIDS. These are just a few of the many ural and cultural resources helped ad- and to be compassionate with those health accomplishments that Senator vance the protection of our environ- who are less fortunate than us. I will Kennedy helped bring about that im- ment for our benefit now and into the do my best to keep Ted’s spirit alive. prove the quality of life for millions of future. He was an important supporter I offer my deepest condolences to the people in our country. Despite con- of energy efficiency programs, includ- Kennedy family. tinuing to battle cancer, Senator Ken- ing those that aid Americans most in Mr. President, as America mourns, I nedy’s passion to expand access to need, and he helped improve fuel econ- ask my colleagues to join me in paying quality health care never ceased. omy standards and energy research and tribute to this magnificent Senator.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9224 CONGRESSIONAL RECORD — SENATE September 10, 2009 Ms. COLLINS. Mr. President, the 1955 to emulate them. Like Jack, he asked Kennedy and at how he dedicated his football season was not a good one for what he could do for his country. Like life to service, you can’t help but be the Harvard Crimson. With only three Bobby, he dreamed things that never moved to do more for this country. victories, it was somewhat surprising were and said why not. Senator Kennedy will be missed in that no less a team than the mighty The end of a life so devoted to public this Chamber and in the Halls of Con- Green Bay Packers reached out to a service brings to mind the Parable of gress. God bless you, Senator Ted Ken- senior end with a professional job offer. the Talents. The master, leaving on a nedy. ‘‘No thanks,’’ replied young Ted Ken- journey, entrusts a servant with a por- Mr. KAUFMAN. Mr. President, I rise nedy, ‘‘I have plans to go into another tion of his treasure. Upon his return, to join the chorus of those celebrating contact sport—politics.’’ the master is delighted to find that his the life of our dear friend and col- Few have played this rough-and-tum- wealth has been wisely invested and league, Senator Edward M. Kennedy. ble game with as much energy, deter- multiplied. So much has already been said about mination, and joy as Senator Edward Edward Moore Kennedy was en- him, his life, and his contribution to Kennedy. He served the people of his trusted the great treasure of convic- our Nation, but I would like to take a State and our Nation through five dec- tions, energy, and passion. He invested few minutes to reflect upon the legacy ades and under 10 Presidents. He au- that treasure wisely and multiplied its he left as a warm individual and an ex- thored more than 300 bills that became benefits to all. Like the master in the emplary statesman. law and cosponsored another 550. His New Testament, to him we say, ‘‘Well His life was, to borrow the words of remarkable record of legislation has done, good and faithful servant.’’ Robert Frost, ‘‘a gift outright.’’ Ted touched the lives of virtually every Mr. ENSIGN. Mr. President, I rise Kennedy was ours before we were his. American, always with a focus on im- today to honor the memory of one our As a young man and a young Sen- proving lives, bringing justice, and cre- Nation’s most dedicated public serv- ator, history bequeathed to him ating opportunity. ants. For most Americans, Ted Ken- weighty expectations. He became the As we recall what he gave to our Na- nedy was an icon—part of an esteemed accidental shepherd not only to a flock tion, we also reflect upon what we have family that raised strong leaders and of nephews and nieces but also to a sto- lost. It is my sincere hope that the committed patriots. Much has been ried legacy. Kennedy family will find comfort in said since his passing of his contribu- An ordinary person would have been the thoughts and prayers offered by so tions to our country and his love for daunted by such expectations. But Ted many around the country and the his wife, children, grandchildren, and Kennedy was extraordinary. He con- world. To those who have lost a friend extended family. Those who eulogized founded them and, in the process, de- and to his outstanding staff, which has him, at his funeral and on main streets fined his life not by what others had lost an inspiring leader, I extend my across America, have done so with left him to complete but by the goals deepest condolences. I considered him a great admiration and respect. he set for himself. dear friend as well as an esteemed col- From my position on the opposite For all of the rhetoric recently about league. side of the aisle in this Chamber, I saw Kennedy as the Senate’s lion, we can When I first came to the Senate in Senator Kennedy as every bit the leg- never forget that he was also a deeply 1997, I knew Senator Kennedy only by endary and tireless advocate that he caring man with a gentle spirit. It was reputation. It was a reputation that was portrayed as. I may have been ad- this dual nature of his to fight passion- was not entirely flattering, based upon vocating the opposing view on many ately and to befriend heartily that such labels as ‘‘ultra-liberal’’ and ‘‘ut- issues, but in this country we should transformed adversaries into admirers terly partisan.’’ That was not the Sen- always be able to join together to rec- and endeared him forever to his ator Kennedy I came to know and ad- ognize someone who has—with the best friends. mire. He was easy to work with, and intentions—dedicated his life’s work to In February of 1988, I was serving as his heart was always in the right place. improving opportunities. chief of staff to then-Senator JOE I worked closely with Ted on many I had the privilege of working on a BIDEN when he suffered a serious brain education issues, particularly by in- very significant piece of legislation aneurysm. After two precarious sur- creasing Pell grants which help our with Senator Kennedy a few years ago. geries, the doctors said that Senator neediest students. In our work together It was the America COMPETES Act. I BIDEN would need to avoid work com- on the Armed Services Committee, we was, and continue to be, passionate pletely for a few months while in that teamed up to strengthen our Navy as about making sure that our children first stage of recovery or risk another members of the Seapower Sub- remain competitive in this increas- aneurysm. committee. ingly global economy. Students in Ne- When President Reagan called to I found him to be a partner who al- vada aren’t just competing against stu- check up on him, we knew that if he ways sought solutions. I saw in him the dents in Massachusetts anymore. They took that call, Senator BIDEN would be same traits that drew the attention of are all competing against students in obliged to take all the calls that would the Green Bay Packers—a tough com- India, China, and around the world. If follow. It would have been too much for petitor and a great teammate. we don’t give our students the tools to him, so his family made the decision The lion is a symbol of courage. Cer- compete, the innovative fire and spirit that he would not take any calls, even tainly, Senator Kennedy possessed that has always fueled America will be from the President. great political courage. He fought for lost. Ted Kennedy kept calling to check his convictions, but he was always will- Ted Kennedy understood this. We put on his friend, but our office wouldn’t ing to reach across party lines. He together bipartisan legislation that put him through. One Sunday, while never, as he often said, let the pursuit was signed into law to increase invest- Senator BIDEN was resting at home in of the perfect become the enemy of the ment in scientific research; strengthen Wilmington, Jill heard a knock on good. educational opportunities in science, their back door. To her surprise, Ken- But he also possessed courage at the technology, engineering, and mathe- nedy was standing there, holding a most fundamental level—the willing- matics from kindergarten through framed etching of an Irish stag. He had ness to face danger. His historic trip to graduate school; and help develop an personally taken it upon himself to South Africa in 1985, conducted against innovation infrastructure for the 21st bring the gift in order to lift Senator the stern warnings of the pro-apartheid century. I am confident that the im- BIDEN’s spirits. He also had with him a government and in defiance of violent pact of this law will be felt for genera- bathing suit, ready to relax with his demonstrations, helped tear down the tions to come. friend and keep him company without wall of racial separatism in that coun- I am also confident that Ted Ken- discussing Senate business. try. nedy’s decades of service, his passion We shouldn’t have been surprised, Senator Kennedy often said that a for health care and education, and his though. That was classic Ted Kennedy. day never went by that he did not deep love for this country will inspire a With him there was always a per- think of his brothers. He did more than new generation of public servants. sonal touch, especially with those he merely think of them; he strove always When you look at the legacy of Ted represented. In the words of one of his

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Kennedy was, first and fore- young people of military age, or pro- policy but refused to retreat from his most, a representative of the poor, the moting human rights around the world, principles—or from his quest toward young, the silenced, and the oppressed. Kennedy pursued justice without re- equality and social justice for all. His He fought tirelessly for the rights of lent. tireless advocacy on the behalf of those the disabled and those suffering dis- Ted Kennedy was committed to en- Americans most in need of an advo- crimination. Throughout decades of suring our Nation’s security by advo- cate—children, senior citizens, the public service, he proved to be their cating for nuclear disarmament, lead- sick, disabled and mentally ill, stu- faithful champion at every turn. ing the way on energy conservation, dents, workers, and families—has For 47 years, Ted Kennedy was the and supporting legislation to punish changed the course of this Nation and Senate’s steady compass through un- sponsors of terrorism. impacted millions of lives. Senator certain waters. When others coasted He worked tirelessly to bring peace Kennedy’s many legislative battles— along, satisfied with the status quo or to troubled regions, including Northern for civil rights, voting rights, and set uneasy by the prospect of change, Ireland. workers rights, among others—illus- he trimmed his sails and pushed for- Throughout his career in the Senate, trated that although we may differ in ward. Ted Kennedy did all he could to open our politics and our ideologies, it is He pushed forward by building the doors of prosperity to millions of still possible work with each other, strong, meaningful relationships with Americans seeking fair wages, health across the aisle and across the political his colleagues on both sides of the insurance, or job opportunities. spectrum, toward the common good. aisle. He was committed to civility in Furthermore, he fought to expand Although I am sad today to realize politics. education access, fund scholarships, that we will never hear another of his That he so genuinely befriended and promote community involvement. fiery speeches, many of them given just those who debated vigorously against Kennedy’s efforts have helped invest him on this floor testifies to Kennedy’s a few desks away from mine in the America in a bright future in fields back row of this Chamber, he leaves a greatest gift to his colleagues. As his such as science, technology, business, son Teddy Jr. said so eloquently at his legacy behind that will endure. and the arts. I extend my deepest sympathies to father’s funeral mass, Kennedy taught Even with the seven distinguished his wife Victoria and to the rest of his us all that all of us who serve in gov- senators now immortalized, the walls family during this difficult time. Sen- ernment, regardless of party, love this of the Senate Reception Room remain country dearly—that we share a com- ator Kennedy’s passion, diligence, good mostly bare. They await future Senate humor, and kindness will be greatly mon bond of responsibility and com- commissions, following in the tradition mitment to public service. missed, by me and by many others, in of John F. Kennedy’s panel, to honor My hope is that the lessons Ted Ken- this body and across the Nation. those serving from our generation or nedy taught his colleagues about bipar- Mr. VOINOVICH. Mr. President, I tisanship will guide the Senate today from generations yet to come. rise today to speak about the passing I am certain that, if I could cast my and in the future. of our dear colleague and friend, Sen- Just outside this chamber is the Sen- vote today for the next to be so hon- ator Edward M. Kennedy. ate Reception Room, ornately deco- ored, I would proudly and Our great Nation has lost a true rated by the 19th century immigrant unhesitatingly choose Senator Edward statesman, and the Kennedy family has and master painter of the Capitol, M. Kennedy. lost its beloved patriarch. Senator Ken- Constantino Brumidi. He adorned the Mr. KOHL. Mr. President, I rise nedy’s unparalleled leadership and dec- ceiling with four allegorical scenes de- today with great sadness to pay tribute ades spent in service to his fellow picting what today we would call Jus- to my friend, colleague, and great Americans will be missed by all, espe- tice, Security, Peace, and Prosperity— statesman, Senator Ted Kennedy. cially here in the U.S. Senate. No one four virtues a great Senator should As many of my colleagues have noted can deny that Ted was a man of convic- promote. here today, over his 47 years of public tions, passion and resolve for doing It was decided that portraits of the service in the Senate, Ted Kennedy dis- what he felt was best for the country. greatest Senators ever to serve would played exemplary leadership, a com- While I was not always in agreement cover its walls. In the 1950s, the Senate mitment to progress, and the vision with him on policy, I always knew he established a panel to choose the first that by working together, this body was my friend. five to be so honored. Chaired by a could truly better the lives of Ameri- His willingness to reach across the young, energetic senator from Massa- cans. aisle and find common ground serves as chusetts, who had authored a Pulitzer For many years as a member of the an inspiration to all of us during this Prize winning book on political cour- Judiciary Committee, I had the privi- pivotal moment in our Nation’s his- age, this ‘‘Kennedy Commission’’ se- lege to work with and learn from Sen- tory. Senator Kennedy and I shared a lected five Senators whose portraits ator Kennedy. Since 1997, I sat just one passion for early childhood develop- now grace those walls. seat away from him then-Senator ment, and together with Senator The commission chose to recognize Biden to my right and Senator Ken- GREGG, we worked on legislation to im- Henry Clay, Daniel Webster, John C. nedy next to him. Senator Kennedy prove the quality and availability of Calhoun, Robert La Follette, and Rob- was always so encouraging. A simple early education for all children. ert Taft. A few years ago, the Senate ‘‘good job’’ or pat on the back might be On a more personal note, Ted was a voted to extend this honor as well to expected from a busy Senator like him, guiding light for me during my late- Arthur Vandenberg and Robert F. Wag- but from time to time, he would take a nephew’s treatment for bone cancer. ner. moment to write a note and offer en- His uplifting spirit and thoughtfulness All seven earned their place in this couragement for a bill I was trying to helped steer my family through a very pantheon by placing the good of the move through committee or a concern difficult time, and I will never forget Nation above political interest. All but I was expressing about an issue impor- the words he shared with us: ‘‘Even one ran unsuccessfully for President, tant to the people of Wisconsin. We when it’s sometimes stormy one day, distinguishing themselves not as com- have heard so much over the past the sun always seems to shine the manders-in-chief, but as brilliant legis- weeks about what he gave to our coun- next.’’ lators and versatile statesmen. Each try throughout his long Senate career. Janet and I will keep Victoria and exemplified a commitment to the four Just as important, he gave all of us on the entire Kennedy family in our virtues depicted by Brumidi on the re- the committee and in the Senate an ex- thoughts and prayers during this try- ception room’s ceiling. ample of how to be an effective legis- ing time, as they mourn the loss of

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He was the fa- that Ted has joined our Heavenly Fa- feel, in the 1960 election, and we did. ther of endless numbers of nieces and ther. When President Kennedy returned to nephews, as well as his own children. Mr. ROCKEFELLER. Mr. President, I West Virginia, he, at the State’s cen- Nothing ever stopped him. rise today to remember and celebrate tennial, said that classic phrase which People wanted to work with him. He Edward Moore Kennedy. we have heard so many times in West never, ever talked about his own Senator Kennedy passed away, as we Virginia: ‘‘The Sun does not always achievements. That is the incredible know, on August 25. The American peo- shine in West Virginia, but the people thing about him. As a result of the ple, in more ways than they will ever always do.’’ plane accident, he broke his back in 12 know—as so often happens in history People are still to this day moved by places. That is a lot of places to break with historic figures, people don’t that statement. It is a sentiment I a back. He never spent another day the know what they had when they had it, have always held near to my heart, rest of his life, he once told me fairly and then when they no longer have it, that he and his brothers felt the way recently, without being in pain. You they discover how great that person they did about West Virginia. I remem- could see him walking across the floor really was if one deserves to be so iden- ber a picture of Bobby Kennedy sitting of the Senate. He was always bent, and tified, and surely Ted Kennedy did—the on a slag heap, a sort of pile of coal in he walked quickly, sort of subcon- American people lost a touchstone. The southern West Virginia, just sort of sciously, to cover up the fact that he cause of justice lost one of its bravest thinking. He wasn’t shaking hands, he was hurting. But he never said any- and boldest champions, and I lost a was doing a typical Bobby Kennedy- thing about it. He never said anything very close friend. type thing: thinking, deep in thought; about himself. It was always: What is I met Ted Kennedy back in about philosophical, wondering about what to going on in your life? What is hap- 1961, which is quite a long time ago, in do in the world. pening with you? What are your Hyannis Port. His family invited me to Over the last four decades, Ted’s fre- thoughts? What do you think we should come there for the weekend. He was quent visits not only strengthened be doing on such a subject? That was still recovering from his back injury. West Virginia’s bond with him and the simply the way he was. He broke his back in 12 places. He was Kennedy family, but he also provided He refused to be slowed. He brought in one of those old-fashioned circle enormous color, interest, and fun. I re- that iron will to everything he did. He things where they sort of turned you so member him at political rallies in West never quit. He never gave up. He was a you wouldn’t get bed sores. We had a Virginia where some politician was happy fighter. He loved life. He loved nice conversation, and he wrote and going on and on. I have an album of the battle, driven not out of anger but thanked me with his hand for coming photographs that were taken sequen- out of passion for people and the indi- to see him. tially of different faces, very long and vidual parts of their lives he wanted to Obviously, I have and will always be improve. It just drove him. He didn’t thinking about Vicki, his incredible large speeches, and he is this way, he is do it out of duty; he did it because he wife, his children, and the entire Ken- wiping his brow. He enjoyed all of it. nedy family who operates as one unit. He just loved it. had to. It was a natural thing. For Ted, Because of Ted, I think all of us are Everywhere he went he found com- every day was new. Everything could better. I know I am. I think we are mon ground. He spoke honestly. People be made better through hard work and stronger. We are more inclusive as a came out to see him. He didn’t hesitate dedication. Nearly every piece of legis- nation. He caused us to be that way. to plunge into the crowd or jump on lation that has passed in this body bore For 46 years, he was a legislative the back of a pickup truck. Indeed, the his imprint or bears his imprint and re- lion, as they say, who gave voice to the American worker knew a strong friend flected his commitment to making life voiceless. That is not a cliche; that is in Ted Kennedy. That much was clear better for every American. an extraordinary and powerful deep in the tireless work he did as an advo- It has been my honor to lock arms fact from the junior Senator from the cate for our miners, for our seniors, for with him in our efforts, including the State of West Virginia. The people of all of our people. children’s health program. Interest- West Virginia were given voice, and He has been with us in some of our ingly—we just found it—Senator Ken- Ted Kennedy gave them that voice. He very darkest hours. We had a mining nedy called it the most far-reaching fought for working families, civil tragedy several years ago. JOHNNY step that Congress has ever taken to rights, women’s rights, health care for ISAKSON, who was speaking not long help the Nation’s children and the all, and transformed the lives of chil- ago, was there as were several members most far-reaching advance in health dren, seniors, Americans of all ages, all of the HELP Committee, the Health, care since the enactment of Medicare colors, all backgrounds. Everybody was Education, Labor, and Pensions Com- and Medicaid a generation ago. Now, in part of his sphere, part of his responsi- mittee. We had a cave-in and a blowup the Finance Committee we are trying bility. in a mine in Sago in Upshur County. to decide whether we are going to cast In his private life he worked tire- He came down there. He sat with those them into the melting pot along with lessly to touch so many people with families and watched them. I watched all the other plans and take away the endless human acts of kindness that his hurt resonating against their hurt, defined benefits. I am obviously very came naturally to him. He sort of and the words he spoke to them had much against that. Eleven million chil- had—he had to do it. I don’t think he deep comfort to them. As a result, we dren’s health care is at stake. chose to do these things; he just had to had the first major overhaul of mine Ted worked on the Higher Education do them and, therefore, did do them. safety laws at the Federal level since Act of 1965 and to protect Federal stu- People forget, those who didn’t know 1977. He, obviously, was driving the dent loans. Again, let me get back to about what he did, but he never committee and driving that, as was the personal side. stopped reaching out to help people at Senator JOHNNY ISAKSON and MIKE I have a daughter. We only have one every turn, in sometimes very small ENZI. daughter and three sons. She is a ways. People liked Ted. They were drawn to teacher, and she is trained in special Ted and his family reached amazing his energy and his fundamental belief ed. She teaches—she did teach at Jack- heights, and they inspired a nation. that America’s best days were always ie Robinson Junior High School in Har- Each and every day of his life he hon- ahead. I love that attitude because you lem. Ted was in New York. His chief of ored the fallen heroes we always cher- can always pick it out. I just did a tele- staff at that time was my daughter’s ish. vision thing and everybody was asking best friend. She said: You know, Jay This needs to be said: Ted traveled to me about the person who spoke out Rockefeller’s daughter teaches there. West Virginia often. I was personally last night, interrupting the President Ted said: Let’s go in.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9227 So here is my daughter teaching important time for me to say a word He had a special place for Rhode Is- class in junior high school and in walks about our friend, Senator Kennedy. I land, and in particular he had a special Ted Kennedy. Of course, the whole had not planned on doing so at this place for somebody who was very dear place just falls apart with happiness. particular juncture, but someone very to both Congressman KENNEDY and to He loved doing it. He does it in the Dis- important to him, and in a very dif- myself; that is, a predecessor of mine trict of Columbia; he does it in Massa- ferent way to me, is now in the gallery. here in the Senate from Rhode Island, chusetts. He is always interacting with So I will speak very briefly, but I do Senator Claiborne Pell. Senator Pell students. He greets them, talks with want to, as I have said before, thank was a political legend in Rhode Island, them, and learns from them. Senator Kennedy for his kindness to in many ways an improbable candidate. The principal gave my daughter a me. Senator Kennedy’s brother, President very hard time. He said: Don’t you ever As a very senior and distinguished Kennedy, at one point said, publicly bring a United States Senator into my Senator, a person with a national and, enough that it became a matter of sort school without telling me in advance. indeed, international reputation, a per- of common discussion in Rhode Island, Well, of course, that is the beauty of son whose standing in this body was that Claiborne Pell was the least elect- it. There is no way she could because it unmatched, a person whose legislative able candidate he had ever seen. So was just a natural act of Ted Kennedy. prowess and capability was unmatched, when Claiborne Pell ran ahead of Presi- It was that commitment to service he did not need to pay any attention to dent Kennedy in Rhode Island in the that we celebrated just this spring a new Senator of no particular senior- election, it was a matter of great pride when the President signed the Serve ity, clout, or renown from Rhode Is- to Claiborne Pell and one that he was America Act which inspires young peo- land. Yet he did, I think in large part fond of reminding all Kennedys about. ple to serve their country through pub- due to the friendship the new Senator It was, I guess as they would say in lic service. There are a lot of ways to from Rhode Island had with his son, a ‘‘Casablanca,’’ the beginning of a beau- remake America, but I think people, as very talented and able Member of the tiful friendship. The friendship began the Presiding Officer has been in a va- House of Representatives, who is senior back then. It continued long after Sen- riety of situations—people going to me in our Rhode Island delegation ator Pell had left the Senate. It contin- and who represents Rhode Island with abroad, people meeting other people ued long after Senator Pell had lost his exceptional distinction over in the who are unlike them, living with them, ability to walk around and became con- House of Representatives. For that rea- eating with them, sharing with them, fined to a wheelchair. It continued son, and for the reason of a number of coming to know them, coming to have even long after Senator Pell had lost other family friendships, he was par- very strong feelings about them—it is his ability to speak and could barely ticularly kind to me. I appreciate that that kind of thing which makes people speak because of the consequences of more than he could have imagined. want to get into public service. It is a bit daunting to come here as a his illness. One of the ways it manifested itself So he doubled the Peace Corps, he new Senator not knowing whether you is that every year Senator Kennedy doubled Legal Aid, he doubled Vista, he will find your way, not knowing wheth- would take the trouble to sail his sail- doubled all of those programs, a lot of er you will evince any ability, not boat, the Maya, from wherever it was which were run by his brother-in-law, knowing whether you will have any ef- Sargent Shriver, who is one of the fect, not knowing whether, indeed, you in New England to Newport, RI, and great men of America who is never dis- will be very welcome. You have to fight there take Claiborne Pell out sailing. I cussed. He is a Kennedy, but he doesn’t yourself through that stuff as a new had the pleasure to be on that last sail, bear that as a last name. Senator. and you could just imagine the scene, He changed my life—the Kennedy I can remember when I was presiding, with the heaving dock and the heaving family did. When I went to West Vir- where the distinguished junior Senator boat and Senator Pell in his wheelchair ginia as a Vista volunteer, I was trying from Alaska is now sitting, and a col- and a rather hazardous and impromptu to figure out what I was going to do in league of ours who shall remain name- loading of Senator Pell into the sail- life, and I kind of wanted to be a For- less was giving a speech of some boat. And then, of course, it got under- eign Service officer. Frankly, I wanted length. Senator Kennedy was waiting way. Because Senator Pell was having to be America’s first Ambassador to to speak, and he sent a note up to me such trouble speaking, he really could China. This was back in 1961, so it does inquiring whether I felt that the stand- not contribute much to a conversation. really make sense. I had studied Chi- ards of the speech we were then being But Senator Kennedy had the gift of nese for a year, so I thought I was on treated to met the high standards of being able to handle both sides of a my way. But Vista started and Sargent our common alma mater, the Univer- conversation and have everybody feel Shriver called me and said: Come work sity of Virginia School of Law. I could that a wonderful time was being had. for me at the Peace Corps. And I did not help but smile back and return the So he carried on in a full, roaring dia- that. Then I went to southern West note, saying: No, I do not think so, but log with Senator Pell, essentially pro- Virginia as a Vista volunteer and it that is okay because I am waiting for a viding both sides of that dialogue, and told me what I wanted to do in life. great speech from you. Senator Pell was smiling from ear to This part of your gut knows when you There is one particular kindness I ear. are doing something that is meaningful wanted to mention. Senator Kennedy It said a lot about what I appreciate to you and is something that you want was very important to Rhode Island. so much about Senator Kennedy. First to dedicate your life to. That was the He was important to Rhode Island not of all, Rhode Island mattered to him, effect of the Kennedys. just because of his son Patrick but be- as it matters to PATRICK KENNEDY, as Ted Kennedy was a giant. There was cause Rhode Island pays a lot of atten- it matters to me. Second of all, as pow- not and never will be anyone like him tion to Massachusetts, there is a lot of erful as he was and as important as he in American history. He shaped this in- overlap in the constituencies of Massa- was, friendship mattered more than au- stitution for decades by honoring its chusetts and Rhode Island, and Rhode thority or clout or power. There was history and pushing us forward to be a Islanders have long admired Senator nothing any longer that Senator Pell better institution. Kennedy. When he came on behalf of could do for Senator Kennedy. There Now that he is gone, I know his leg- candidates, on behalf of his son, on be- was nothing that could be done to ad- acy and inspiration make him a giant half of me, on behalf of others, there vance his legislative interests or his greater still, moving us to reach across was always an atmosphere of celebra- political interests or his fundraising in- the aisle, hopefully, and make a dif- tion around him and around the events terests or any other aspirations he may ference in people’s lives. He was a great he attended. Other speakers have spo- have had. But it mattered to him to do friend. We are all forever grateful for ken of his ability to rev up a crowd and this because he was loyal and because his service and his kind heart. We will get people fired up and enthusiastic, friendship counted. miss him very dearly. Now he belongs and he was really remarkable in that In a body in which opportunism and to the ages. respect. We never tired of his visits, self-promotion and self-advancement Mr. WHITEHOUSE. Mr. President, and Rhode Island always welcomed him are not unknown, it was remarkable of this would be a particularly opportune with open arms. Senator Kennedy to give so much of his

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9228 CONGRESSIONAL RECORD — SENATE September 10, 2009 time to this particular pursuit, to this must always ask what we can do for and I in New Jersey in a campaign particular visit, taking his old, now the country, a torch unexpectedly where we sang Irish ballads together. I disabled friend, out for a sail and giv- passed to him which he carried with learned then what made him the ing him so much pleasure, with no hope dignity and humility through great unique person he is. I will never forget or hint of reward or return to Senator tragedy as well as great triumph. the sound of that voice and the warmth Kennedy himself. He understood our personal strug- of that heart. Each of us has had our So I will conclude with that. I guess gles, however profound, ‘‘make us own memories of the man. Each of us I will conclude with one other thing. stronger in the broken places,’’ as has had our own deep emotions when He loved Robert Frost. On his desk Hemingway said. For every Hispanic we heard of his death. here right now is a poem from Robert American and every American across The editorial cartoonist, Lalo Frost, ‘‘The Road Not Taken.’’ this Nation whose family came here to Alcaraz, said when his wife heard that I know he was fond of Frost’s work in find a better life, whatever their eth- Ted Kennedy had lost his battle with particular. I keep a little book of nicity or political views, Ted Kennedy cancer, she pulled out one of her old poems and things that matter to me, was a leader. His deep and abiding con- buttons that her mother had worn dur- quotations, and one of them is a poem cern for the struggles of hard-working ing the Presidential campaign in 1960. by Robert Frost. It is not ‘‘The Road people was not political. It is simply That day, Lalo Alcaraz drew a cartoon Not Taken,’’ which is the poem on Sen- part of the Kennedy DNA. of a much younger Ted Kennedy. It is captioned with two simple words on ator Kennedy’s desk. It is a different I remember the images of his broth- er, Bobby Kennedy, in 1967, 6,000 people the campaign button: ‘‘Viva Kennedy.’’ one. But I will close by reading it. It is As I sat in the basilica in Boston surrounding him on the flatbed truck called ‘‘Acquainted with the Night.’’ with our colleagues last week, I that held a severely weakened Cesar I have been one acquainted with the night. thought of all Ted Kennedy did to bet- Chavez. Bobby Kennedy shared a piece I have walked out in rain—and back in rain. ter the lives of so many Americans, I have outwalked the furthest city light. of samita with Chavez and the crowd and I thought of those two words over cheered. They grabbed at Bobby to I have looked down the saddest city lane. and over again: Viva Kennedy. He was I have passed by the watchman on his beat. shake his hand and thank him. He And dropped my eyes, unwilling to explain. a man who truly believed in the idea stood in front of the crowd and said: and ideal that is America. Although we I have stood still and stopped the sound of The world must know from this time for- may have come from different back- feet ward that the migrant farm worker, the grounds, different places, different cul- When far away an interrupted cry Mexican-American, is coming into his own Came over houses from another street, rights . . . tures, though we may speak different But not to call me back or say good-bye; You are winning a special kind of citizen- languages, we are one Nation, indivis- And further still at an unearthly height, ship; no one is doing it for you—you are ible, forged from shared values and O luminary clock against the sky doing it yourselves—and therefore, no one common principles, each of us united Proclaimed the time was neither wrong nor can ever take it away. in our differences working for the bet- right. Fast-forward to Washington, DC, in terment of all of us, and no one worked I have been one acquainted with the night. 2006, walking in his brother’s footsteps, harder for the betterment of all of us Mr. MENENDEZ. Mr. President, once Ted Kennedy stood in front of hundreds than Ted Kennedy. again, we mourn another Kennedy, the of thousands of marchers on the same It is my sincere belief that in his last brother, a friend, a colleague, a ground his brothers had stood upon passing he has once again worked his Senator’s Senator, larger than life even decades earlier. He stood with immi- magic and given us an opportunity to in death, certainly the most effective grants and faith leaders and organizers. come together, united in a deep and legislator of our time and arguably the He called for comprehensive immigra- profound feeling of loss and emptiness most effective Member of this body in tion reform. The crowd of hundreds of as we are even at this day. It would be like him to be looking down upon these the whole of American history. thousands roared, and he roared back: tributes today, nodding his head and Across this Nation and across the po- Si se puede. Si se puede. smiling, but he would be saying: Don’t litical divide, we have seen the impact Yes, we can. wait for my memorials to be laid. He of his life and work in the tearful eyes Now he is gone, having fought his would say: Don’t wait for my words to of millions of Americans. Each face a last battle with courage and dignity, as be chiseled in marble at Arlington. challenge to continue his long and last- he fought all others. But the memories Don’t wait for some bronze statue in ing legacy of hard-fought, hard-won remain. I remember first coming to the Washington or a bridge named after me battles for hardworking families every- Senate, sitting down with him, his in Boston. Stand up, do what is right where. His is a legacy of hope for the presence as commanding as I thought for the American people now. Do what unemployed, the dispossessed, the it would be. I looked at him to learn all is right for hard-working families in downtrodden, the undereducated, the I could from him about the Senate and, your States, for hard-working families uninsured; a legacy of hope for His- frankly, there was no more patient or in my State—in New Bedford, Brock- panic Americans and Asian Americans, willing teacher. When I first sought to ton, Fall River, or Worcester. I can see all Americans who have come to this come to the Senate, the one Member of him standing over there where he al- country, often with little more than the Senate who gave me the most time ways stood, committed, informed, im- the clothes on their backs and a glo- and gave me the most encouragement posing, pounding on his desk, shouting rious dream for a better life. and the greatest opportunity to under- at the top of his lungs. You could hear Ted Kennedy will be remembered by stand how to be successful in the Sen- it when you were outside of the Cham- my generation as more than the last ate was a person I could do the least ber when he was in one of those mo- brother, more than the end of an era. for. It was Ted Kennedy. I will never ments. He will be remembered as America’s forget his kindness. Those families don’t have time to preeminent leader on fair, responsible, We worked together to protect the wait for a decent job and wages. They humane immigration policy that al- Senate restaurant employees when don’t have time to wait for a better ways put people first. For all of us, he their jobs were privatized. I learned job. They don’t have time to wait for was the standard bearer of headier what made him such an effective legis- decent, affordable, quality care that is days, of Camelot, of intellectual vital- lator—because even as he was dealing a right and not a privilege. That boom- ity, political energy, and a deep and with the most incredible issues the ing voice would echo through this abiding commitment to public service country was facing and leading on Chamber, and I think it will echo and to this beloved Senate. He taught many of them, he had time to remem- through this Chamber for eternity. us through actions and deeds, in times ber the importance of that little per- When it comes down to it, we are his of great personal pain, the power of the son, people in the Senate restaurant legacy. We in the Senate are his memo- human spirit to endure and prevail. He who might have been unemployed. rial. We are the burning candles, and symbolized the best of an era of pro- We all know no one can belt out an he would tell us to have them burn gressive, compassionate leadership in Irish ballad quite like Teddy could. One brightly: Stand against the wind. this country and a deep belief that we of my favorite memories was of him Stand against the storm. Stand against

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9229 the odds. For it is up to us now to light kindnesses he provided to people. He Without objection, it is so ordered. the world, as he did. will be remembered by the tens of The clerk will call the roll. In this past week, I think we have all thousands of people whose lives he The legislative clerk proceeded to found new meaning in those familiar touched. But I think one of his most call the roll. words of Aeschylus, when he said: significant legacies will be those young Mr. BROWN. Madam President, I ask And even in our sleep, pain that cannot people who are encouraged to get in- unanimous consent that the order for forget falls drop by drop upon the heart, and volved in politics, who appreciate that the quorum call be rescinded. in our own despair, against our will, comes public service in government is an hon- The PRESIDING OFFICER (Ms. wisdom to us by the awful grace of God. orable profession because of his leader- STABENOW.) Without objection, it is so Today, in our despair, let wisdom ship and the work he did. ordered. Mr. KYL. Madam President, Pro- come. Let us honor the memory of Sen- I feel very honored and privileged to fessor Cass Sunstein’s academic cre- ator Edward Moore Kennedy by not have worked with him and to have had dentials are impressive. He has taught only remembering the man but by con- the opportunity to serve with him, at the University of Chicago School of tinuing the good work he has done. however briefly, in the Senate. I know I yield the floor. Law and at the Harvard School of Law, Mrs. SHAHEEN. Mr. President, I am we will all remember for future genera- and has been a prolific writer on a wide honored to be here to add my voice to tions what Senator Kennedy has done. variety of topics. so many of those who today have elo- f He has some fine ideas on cost-ben- quently remembered Senator Ted Ken- efit analysis, and I hope they will be ORDER OF PROCEDURE nedy. Like so many who have spoken reflected in his approach as adminis- today, I was the beneficiary of so many Ms. STABENOW. Mr. President, I ask trator of Office of Information and personal kindnesses from Senator Ken- unanimous consent that at 2:30 today, Regulatory Affairs. nedy. the Senate resume executive session I do, however, find that some of the I actually first met him on the cam- and consideration of the nomination of arguments he has made, and the posi- paign trail. In 1980, I was actually on Cass Sunstein; that all post-cloture tions he has taken in his writings and the other side in New Hampshire when time be yielded back except for 75 min- speeches, fall outside the mainstream. he was running against Jimmy Carter. utes, with that time equally divided One theme that has appeared repeat- Despite the fact that was a very hard- and controlled between Senator edly in his writings and speeches is his fought campaign and we won and he LIEBERMAN and the Republican leader strange belief that animals should have lost, when I ran a winning campaign 4 or his designee; that at 3:45 p.m., the legal standing in court. Professor years later in the New Hampshire pri- Senate proceed to vote on confirmation Sunstein wrote in his book Animal mary, Senator Kennedy was one of the of the nomination; that upon confirma- Rights: Current Debates and New Di- first people to call and congratulate tion, the motion to reconsider be con- rections that, ‘‘We could even grant me. sidered made and laid upon the table, animals a right to bring a suit without After that, I had the opportunity to no further motions be in order, the insisting that animals are persons. . . . campaign over the years with Senator President be immediately notified of We could retain the idea of property Kennedy. There was no one who could the Senate’s action, and the Senate but also give animals far more protec- fire up a crowd as he could. In 2000, I then resume legislative session; that tion against . . . neglect of their inter- remember he was there for Al Gore upon resuming legislative session, the ests.’’ when times were tough in New Hamp- Senate then proceed to the consider- He goes on: ‘‘It seems possible that shire. He was there for JOHN KERRY in ation of Calendar No. 153, H.R. 3288, the before long Congress will grant stand- 2004. And I had the opportunity to trav- Department of Transportation, Hous- ing to animals in their own right. . . . el around the country with him in sup- ing, and Urban Development and Re- Indeed I believe that in some cir- port of JOHN KERRY, his very good lated Agencies appropriations bill. cumstances, Congress should do ex- friend. The PRESIDING OFFICER. Without actly that, to provide a supplement to But I really got to see the difference objection, it is so ordered. limited public enforcement efforts.’’ he made in so many lives when I In a paper for the University of Chi- worked with him at the Institute of f cago School of Law, Professor Sunstein Politics at the Kennedy School of Gov- CONCLUSION OF MORNING wrote that, ‘‘Representatives of ani- ernment at Harvard. I had the oppor- BUSINESS mals should be able to bring private tunity to be chosen to be the director suits to ensure that anticruelty and re- there, and Senator Kennedy was one of The PRESIDING OFFICER. Morning lated laws are actually enforced. If, for those people who helped make that de- business is closed. example, a farm is treating horses cru- cision and make that happen for me. f elly and in violation of legal require- What was so impressive was that it did ments, a suit could be brought, on be- EXECUTIVE SESSION not matter how busy he was with the half of those animals.’’ work in Washington, with what he was Of course, no one favors animal cru- doing in Massachusetts, he never elty. That is why there are laws NOMINATION OF CASS R. missed a meeting. His first concern was against it. That should go without say- SUNSTEIN TO BE ADMINIS- always: What are the students doing? ing. But there is a big difference be- TRATOR OF THE OFFICE OF IN- What is going to excite them? What is tween having concerns about the treat- FORMATION AND REGULATORY going to get them involved in politics ment of animals and taking Professor AFFAIRS, OFFICE OF MANAGE- and public service, because that was Sunstein’s position that an animal de- MENT AND BUDGET the mission of the Institute of Politics. serves a lawyer in court. It was one of two memorials that were The PRESIDING OFFICER. Under An animal is not a person, and it can- established by the Kennedy family to the previous order, the Senate will pro- not function as a plaintiff during a remember his brother, President John ceed to executive session to consider trial. Laws and regulations that would Kennedy. It was always amazing to me the following nomination, which the give animals legal standing in court to see someone who was so busy, so clerk will report. could open the door to a flood of ridicu- prominent in national life, who never The legislative clerk read the nomi- lous lawsuits that would wreak havoc missed an opportunity to talk with the nation of Cass R. Sunstein, of Massa- on research labs, restaurants, farms, freshman student who was there who chusetts, to be Administrator of the and the like. wasn’t quite sure what they wanted to Office of Information and Regulatory Imagine what could happen if a group do, to talk with and encourage the Affairs, Office of Management and wanted to represent lab rats or farm young people who were involved at the Budget. chickens in a class-action lawsuit. institute to get involved in politics, in Ms. STABENOW. Mr. President, I Even if claims were found baseless in government, in public service. suggest the absence of a quorum and courts, someone, farms, laboratories, I know Senator Kennedy will be re- ask that the time be charged equally to business owners, would still bear the membered by so many of the both sides. costs of litigation.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9230 CONGRESSIONAL RECORD — SENATE September 10, 2009 There may be room for this kind of tisan judicial confirmation process tionship I had with Senator Martinez thinking in academia. But it has no during the Bush administration, one who I have had the privilege of having place in the executive branch of the that tarnished many nominees and in a 30-year personal relationship with. U.S. Government, especially in the top which too many votes were determined We continued that in our professional regulatory office of the administration. by party affiliation and ideology. Some relationship here. Now with the new As the Discovery Institute’s Wesley very worthy nominees, such as Miguel Senator duly appointed according to J. Smith has written on Professor Estrada, were filibustered and, there- Florida law by our Governor, we have Sunstein’s position on animal standing fore, wrongly denied a confirmation him coming to join us in this august in courts, it ‘‘would do more than just vote. body representing our State of Florida. plunge the entire animal industry into I see this nomination as part of a That opportunity is now upon us since chaos . . . the perceived exceptional broader pattern: One that shows that the Vice President has entered the importance of human life would suffer the Obama administration has repeat- Chamber. a staggering blow by erasing one of the edly nominated or hired individuals I yield the floor. clear legal boundaries that distin- with overly-partisan or bizarre views. f guishes people from animals.’’ Just last week, the facts came to light Professor Sunstein was also out of about the radical ideology and associa- CERTIFICATE OF APPOINTMENT the mainstream when, in a 2003 paper, tions of Van Jones, President Obama’s The VICE PRESIDENT. The Chair ‘‘Lives, Life Years, and Willingness to now-former green jobs czar, who was Pay,’’ he explained his views on a life- lays before the Senate a certificate of not subject to a Senate confirmation appointment to fill the vacancy cre- valuation system: ‘‘No regulatory pro- process. gram makes people immortal. The only ated by the resignation of former Sen- While he has tried to explain away ator Mel Martinez of Florida. The cer- issue is life extension, and, in terms of some of his views and assure Senators welfare, a program that saves 10,000 life tificate, the Chair is advised, is in the that he won’t try to apply his personal form suggested by the Senate. If there years is better than one that saves 1,000 opinions as part of his official duties, I life years, holding all else constant. In is no objection, the reading of the cer- believe that Professor Sunstein’s nomi- tificate will be waived, and it will be welfare terms, a program that saves nation reflects this administration’s younger people is unquestionably bet- printed in full in the RECORD. pattern of favoring out-of-the-main- There being no objection, the mate- ter than one that saves older people.’’ stream individuals for key jobs. If a That is plainly not true if you believe rial was ordered to be printed in the Republican judicial nominee harbored Record, as follows: in the moral equality of all lives. such views, I have no doubt that the While discussions about the value of STATE OF FLORIDA participants at the Democratic retreat an older person’s versus a younger per- in which Professor Sunstein partici- Office of the Governor son’s life may be acceptable inside the pated would have found justification CERTIFICATE OF APPOINTMENT cozy confines of elite academic set- for a filibuster or negative vote, not- To the President of the Senate of the United tings, they raise serious concerns when withstanding his fine legal credentials. States: written by the person nominated to be While I have serious concerns about This is to certify that, pursuant to the America’s regulatory czar. This is espe- power vested in me by the Constitution of the standard, Democrats won that de- cially true at a time when we are en- the United States and the laws of the State bate and now apply the standard. There gaged in a debate over the future of our of Florida, I, Charlie Crist, the Governor of healthcare system and as Congress con- cannot be one standard for Democrats the State of Florida, do hereby appoint siders several proposed bills that call and one standard for Republicans. George S. LeMieux, a Senator from Florida Therefore, I must oppose this nomina- to represent the State of Florida in the Sen- for the administration to act on new ate of the United States until the vacancy healthcare regulations that could end tion. The PRESIDING OFFICER. The Sen- therein caused by the resignation of Mel up under the purview of OIRA. Martinez, is filled by election as provided by Cost-benefit analysis is fine, but not ator from Florida. Mr. NELSON of Florida. Madam law. as a means to ration healthcare, e.g., In testimony whereof, I have hereunto set to America’s elderly. Professor President, I ask unanimous consent to my hand and caused the Great Seal of the Sunstein’s views call to mind the Brit- speak as in morning business. State of Florida to be affixed at Tallahassee, ish basis for healthcare rationing: the The PRESIDING OFFICER. Without this 9th day of September, 2009 Quality-Adjusted Life Years, (QALY.) objection, it is so ordered. CHARLIE CRIST I am also troubled by the outcome of f Governor. KURT S. BROWNING, a Democratic retreat in which Pro- WELCOMING GEORGE S. LEMIEUX Secretary of State. fessor Sunstein participated after the Mr. NELSON of Florida. Madam [State Seal Affixed] 2000 election. As the New York Times President, momentarily, the Vice FILED reported in May of 2001, the ‘‘principal President will arrive to conduct one of 2009 SEP 9 AM 10:25 topic was forging a unified party strat- the most important and very signal DEPARTMENT OF STATE egy to combat the White House on judi- TALLAHASSEE, FLORIDA cial nominees.’’ events of an individual’s life, and that The strategy that resulted from this is being sworn in as one of 100 Senators f retreat led to two fundamental, and I representing the United States. As our new Senator, GEORGE LEMIEUX from ADMINISTRATION OF OATH OF believe, corrosive, changes in the way OFFICE judicial nominees are considered. The Florida, assumes his duties, he will first was to encourage filibusters, pre- find that, indeed, he will understand The VICE PRESIDENT. If the Sen- viously unknown for judges, and the that this has been called one of the ator-designate will present himself to second was that when voting for a judi- greatest debating institutions designed the desk, the Chair will administer the cial nominee, a Senator should deter- by mankind to exist on the face of this oath of office. mine the political views of nominees planet. It is a great privilege to be a The Senator-designate, GEORGE S. and vote against those with whom you part of an institution that values de- LEMIEUX, escorted by Mr. NELSON of disagree. mocracy, that values free debate, that Florida and former Senator Connie As the Times reported, one partici- values the opinions of others. In this Mack, advanced to the desk of the Vice pant said of the panel discussion in mix of two Senators representing each President; the oath prescribed by law which Professor Sunstein’s partici- of our States, we come together to was administered to him by the Vice pated, ‘‘They said it was important for build consensus in order to lend our President, and he subscribed to the the Senate to change the ground rules part to this constitutional process. For oath in the Official Oath book. and there was no obligation to confirm GEORGE LEMIEUX, this is going to be a The VICE PRESIDENT. Congratula- someone just because they are schol- red-letter day. I want to share with the tions, Senator. arly or erudite.’’ Senate that it is a privilege for me to (Applause, Senators rising.) The net result, a very negative re- have the new Senator as my colleague. Mr. DURBIN. I suggest the absence of sult, of these changes was a hyper-par- Our colleagues know the special rela- a quorum and ask unanimous consent

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9231 that time during the quorum call be gress of the United States. Major pol- viously, coercive. His theory operates charged equally to both sides. icy decisions are often set forth in that on the assumption that the average The PRESIDING OFFICER (Mr. fashion, including environmental regu- person is ‘‘lazy, busy, impulsive, inert, BROWN). Without objection, it is so or- lations, health care regulations, and irrational, and highly susceptible to dered. reimbursement rules and hospital re- predictable biases and errors.’’ The clerk will call the roll. quirements. Financial institutions can So the government needs to be a lit- The legislative clerk proceeded to be done through regulations and con- tle paternalistic, he suggests, and take call the roll. trolled through them. Truly, there is a care of them and issue regulations and Mr. SESSIONS. Madam President, I concern about the disconnect between pass laws that keep them from doing ask unanimous consent that the order the democratic accountability we are things that some bureaucrat or some for the quorum call be rescinded. known for in our country and this proc- Congressman thinks is not socially de- The PRESIDING OFFICER (Mrs. ess of administrative regulations. sirable. MCCASKILL). Without objection, it is so During President Reagan’s time, I be- As Professor Sunstein argues: ordered. lieve, Congress passed a law that cre- For too long, the United States has been trapped in a debate between the laissez-faire f ated this position: the Administrator for the Office of Information and Regu- types who believe markets will solve all our EXECUTIVE SESSION problems and the command-and-control latory Affairs, the idea being to have types who believe that if there is a market another unelected bureaucrat—and failure then you need a mandate. The laissez- CASS R. SUNSTEIN TO BE ADMIN- that is what this one is—but to be a faire types are right that . . . government ISTRATOR OF THE OFFICE OF IN- central clearinghouse for all the pro- can blunder, so opt-outs are important. The FORMATION AND REGULATORY posed regulations and to question the mandate types are right that people are fal- lible, and they make mistakes, and some- AFFAIRS, OFFICE OF MANAGE- lawfulness or the necessity or the cost of these thousands of regulations that times people who are specialists know better MENT AND BUDGET—Continued and can steer people in directions that will get promulgated on a yearly basis. make their lives better. Mr. SESSIONS. Madam President, It is an important position that can That is what he has said. the nominee to be Administrator of the protect and at least somewhat ensure Presumably, in Professor Sunstein’s Office of Information and Regulatory that our constitutional liberties are Affairs, Mr. Cass Sunstein, is before view, the ‘‘specialists’’ who ‘‘know bet- not being eroded. ter’’ than ordinary Americans are gov- the body. He will be, if confirmed, a Enter Mr. Sunstein. He is a most lik- ernment bureaucrats. He seems to be- part of the White House Office of Man- able person, a national intellectual, al- lieve Americans are ‘‘lazy’’ and agement and Budget. He will have a ways interesting, sometimes taking po- ‘‘inert,’’ and I think this is not a number of responsibilities. It is cer- sitions that those on the left—of which tainly a very significant position. healthy view. So I question whether he clearly is a part—disagree. Indis- anyone who thinks Americans are fun- This job has the responsibility of re- putably, he is a man of the left. How- newing all regulations proposed by all damentally lazy can perform his role as ever, he has taken, over the years, the gatekeeper of government regula- the Departments and agencies of the quite a number of positions, some of government. The regulations they tion in the Obama administration. which are pretty shocking. So I think Professor Sunstein’s approach is con- issue are many. Laws are passed in this he is not normally the kind of person sistent with much of what we have Congress, sometimes in haste, leaving you would appoint to this kind of seen from this administration, I have the details of execution to the various green-eyeshades position—somebody to say, which seems to believe that agencies of our government—the De- who would be sitting down on a daily government control of health care, the partment of Defense, the Department basis reading the regulations and financial markets, and the business of Homeland Security, the Department studying them and researching them— community generally is preferable to of Agriculture, all the agencies. to be a free spirit, as our nominee is. free market policies. Americans are They have powers to effectuate the So I have some concerns about it. not comfortable with this. statutes passed by Congress. They set Over the course of his career in aca- I have been out having townhall forth the details of how it is done. demia, Professor Sunstein has clearly meetings. I know they are not com- There are thousands of pages of regula- advocated a number of positions that fortable with it. According to recent tions enacted every year. They are pub- are outside—well outside—the Amer- polling, 52 percent of voters worry that lished in the Federal Register. No Sen- ican mainstream. While much of the the government will do too much to ator or Congressman, to my knowl- criticism of his nomination rightly has ‘‘help’’ the economy. edge, has ever sat down and read the focused on his animal rights advocacy, That is from a Rasmussen poll of Federal Register. where he, in effect, and plainly said he June 2, 2009. Fifty-nine percent of vot- Federal regulations have much the thought animals should be able to have ers believe the financial bailouts were same force as law. Indeed, people can lawyers appointed to defend their in- a ‘‘bad idea.’’ The masters of the uni- go to jail for violating Federal regula- terests—and these are controversial verse thought it was going to be great. tions, and some do go to jail for viola- matters—but he has other legal We spent $800 billion, the largest ex- tions of Federal regulations. writings that are controversial also penditure in the history of the Amer- Some of this is, in fact, a product of and do not just deal with the question ican Republic, and every penny of that necessity. For example, you create a of animal rights. I would like to high- is going to the national debt because park. When does the park open and light just a few of those positions. we were already in debt. We borrowed close? And if people come in and litter, In his 2008 book titled ‘‘Nudge: Im- every penny of it. We have had very or people come in after hours, they can proving Decisions About Health, low stimulative effect from that. The be punished, arrested, put in jail. Often Wealth and Happiness,’’ Professor American people are right about that. those regulations and the punishment Sunstein advocates an approach to the Only 31 percent of voters believe this are set forth through regulation and law based on economic and behavioral stimulus bill has helped the economy. not through the statute that created principles which he dubs ‘‘libertarian And we do not need a poll to tell us the park to begin with. paternalism.’’ how uncomfortable the American peo- But it is a matter of real importance. Under Professor Sunstein’s theory, ple are with the President’s effort to Persons who produce these regulations the government can take steps to overhaul health care. are nameless and faceless denizens of ‘‘nudge’’ individuals toward making So the American people ought to un- the bureaucratic deep. They possess what he would say are better decisions, derstand if we confirm Professor enormous power. As a prosecutor, I and at least what the government con- Sunstein, he will be the chief architect prosecuted cases. At the DEA, many of siders to be more desirable social be- and gatekeeper over all of the regula- the drug regulations enforced by the havior. tions that this administration will be Drug Enforcement Administration are Professor Sunstein argues that the attempting to implement in a myriad based on regulations they pass, not government can achieve these goals of areas—not just health care and fi- what was actually required by the Con- while not being actively, or at least ob- nancial markets but agriculture, the

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9232 CONGRESSIONAL RECORD — SENATE September 10, 2009 environment, energy, a host of areas Law’s affirmative action admissions to confirm someone just because they were that impact the people of our country. policy as a violation of the equal pro- scholarly or erudite. I think his views make him a person tection clause of the U.S. Constitution, A month later, Professors Sunstein who should not be in this position. Professor Sunstein dubbed the Fifth and Tribe, along with Ms. Greenburger, Let’s take another issue that is im- Circuit’s decision in Hopwood as were invited to testify before the Judi- portant to a lot of people. Professor hubristic and compared it to Dred ciary Subcommittee on Administrative Sunstein has taken an extremely ag- Scott v. Sanford, stating: Oversight and the Courts in a hearing gressive position with respect to abor- [A] court opinion outlawing affirmative ac- titled ‘‘Should Ideology Matter? Judi- tion. Under his views, laws restricting tion is closely analogous to Dred Scott, and cial Nominations 2001.’’ They argued at access to abortion ‘‘co-opt women’s defective—abusive, overreaching—for the that hearing that political ideology of bodies for the protection of fetuses.’’ same reason: It would be an amazing act of nominees is a legitimate issue for According to Professor Sunstein, hubris. Members to consider in their record. I such laws ‘‘selectively turn women’s As we discussed in some detail during think that has been an unhealthy reproductive capacities into something the recent nomination of Judge thing, and we have had a number of de- for the use and control of others.’’ In Sotomayor, the Supreme Court’s juris- bates and hearings on it since. his view, ‘‘abortion should be seen not prudence in this area requires any gov- I believe my Democratic colleagues, as murder of the fetus but instead as a ernment discrimination—and that is to their credit, have backed away from refusal to continue to permit one’s what happens when you have a quota— that. In other words, it is all right to body to be used to provide assistance that any discrimination by the govern- dig deeply into a nominee’s judicial to it.’’ Failure to accept this view, he ment be subject to strict scrutiny of philosophy and whether they are com- wrote, is simply a product of one’s ac- the courts because on its face it seems mitted to the law and how they envi- cepting the preexisting baseline of to be unfair. We know that as a result sion their process of interpreting the women as child-bearers. The role of in- of long-term systemic discrimination, Constitution. But it is quite another to voluntary child-bearer, he argued, re- particularly against African Ameri- say that, if you have this political ide- sults ‘‘only from government inter- cans, courts have found that to remedy ology or these views, that you can no ference limiting the capacity to choose that, it is perfectly all right to remedy longer be chosen to be someone who not to bear a child involuntarily.’’ this lack of equal protection by fixing can decide cases fairly, because most Well, I think this is a disturbingly it and imposing certain remedies that judges have some personal views and far-reaching and excessive view on this favor groups that have been discrimi- they have to decide cases every day, important issue of abortion. It fails to nated against as a remedial act. But setting aside those personal views. recognize in any way the moral aspect when you pass the remedial stage and At the hearing, I thought he made an of this debate which has divided Amer- you are in a stage of objectivity, as we odd statement. He said that the cur- ica since the Supreme Court decision have in most of America today, then if rent Supreme Court ‘‘has no left at in Roe v. Wade. I think his view mocks you favor one group over another, the all.’’ He believes that the people who those who have a different view based Supreme Court says that has to be have been generally reported to be ac- on their deep beliefs and analysis of looked at under strict scrutiny. You tivists or liberals were centrists and what that life is that is within the have to be careful you are not over- that presumably, I guess, the bad folks mother. reaching here. It seems Mr. Sunstein on the Court were the judges who be- What about the question of affirma- has no sympathy for that whatsoever. lieve in enforcing the law as written re- tive action? We talked a good bit about And that is the Adarand decision basi- gardless of their personal views. In- that during the Judge Sotomayor hear- cally by the Supreme Court. He seems deed, he testified at that hearing that ings in the firefighters case. Professor to hold the view that such discrimina- he ‘‘can’t think of a single nominee by Sunstein has taken an extreme view, I tion is not only permissible but that President Clinton to the lower Federal think, in these issues, arguing that af- courts who genuinely counts as a lib- firmative action programs ‘‘should gen- the strict scrutiny standard announced in Adarand and other Supreme Court eral.’’ erally not be thought to raise a serious Well, Mr. Sunstein has a lot of abil- cases is totally inappropriate. I ques- constitutional issue.’’ In his view, ‘‘the ity. He has taken some positions on tion whether someone who holds these current distribution of benefits and animal rights that are clearly shocking views should be put in a position to burdens along racial lines is an out- and that are troubling in light of how make the kinds of decisions he will be growth of a long history of discrimina- important it is to have a person in this making as the regulations czar, some tion.’’ position who has good judgment to might say. Professor Sunstein has returned to render good decisions about the regula- With regard to the nominations of this theme repeatedly. In 1992, in an ar- tions that would impact every Amer- Federal judges, he has taken some posi- ticle, he again argued that existing law ican in this country. tions that I think have been unhealthy depends heavily on ‘‘existing distribu- I don’t have anything personal for the country. tions of wealth and power.’’ Specifi- against this nominee. He has many Back in 2001, the New York Times cally, he argued that the conservative friends. He is a prolific writer and com- had an article. It was a very significant objection to affirmative action pro- mentator. But I think his views are little article. It wasn’t a big article, grams—namely, that discrimination is outside the mainstream, and I will be but it was very important and signifi- discrimination regardless of the pre- voting against the nomination. text—simply takes as a given existing cant. It reported that Professor I thank the Chair and yield the floor. distributions of wealth and power with- Sunstein, along with Professor Tribe The PRESIDING OFFICER (Mr. out considering the historical and legal and Marcia Greenburger—lawyers all— FRANKEN). The Senator from Illinois is context that led to those distributions. attended a private retreat where they recognized. Professor Sunstein further argues lectured Democratic Senators on how Mr. BURRIS. Mr. President, I ask that the constitutional text imposes no to block Republican judicial nominees unanimous consent to speak as in clear ban on affirmative action. Well, by ‘‘changing the ground rules.’’ The morning business. the Constitution says everybody should title of the article by Neil A. Lewis was The PRESIDING OFFICER. Without be given due process and equal protec- ‘‘Democrats Readying for a Judicial objection, it is so ordered. tion of the laws. When you advantage Fight.’’ And, indeed, they did. I think (The remarks of Mr. BURRIS are one person because of their race, you this Senate has been less healthy as a printed in today’s RECORD under ‘‘Re- disadvantage another person because of result of what they accomplished membering Senator Edward M. Ken- their race. It is not a zero sum game. through the filibuster of judges on a nedy.’’) He goes on to say that there is ‘‘no routine basis. The PRESIDING OFFICER. The Sen- clear moral argument [that] requires Again, according to the New York ator from Hawaii is recognized. courts to treat affirmative action poli- Times, it was reported that they ar- Mr. AKAKA. Mr. President, I ask cies with great skepticism.’’ gued at the meeting that: unanimous consent that the previous In 1997, after the Fifth Circuit struck It was important for the Senate to change order with respect to the vote on con- down the University of Texas School of the ground rules and there was no obligation firmation of the nomination of Cass

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Under tion among such entities on a competitive basis objection, it is so ordered. the previous order, the Senate will pro- for projects that will have a significant impact Under the previous order, the ques- ceed to consideration of H.R. 3288, on the Nation, a metropolitan area, or a region: tion is, will the Senate advise and con- which the clerk will report by title. Provided further, That projects eligible for fund- sent to the nomination of Cass R. The assistant legislative clerk read ing provided under this heading shall include, Sunstein, of Massachusetts, to be Ad- as follows: but not be limited to, highway or bridge projects eligible under title 23, United States Code; public ministrator of the Office of Informa- A bill (H.R. 3288) making appropriations tion and Regulatory Affairs, Office of transportation projects eligible under chapter 53 for the Departments of Transportation, and of title 49, United States Code; passenger and Management and Budget? Housing and Urban Development, and related freight rail transportation projects; and port in- The Senator from Minnesota is rec- agencies for the fiscal year ending Sep- frastructure investments: Provided further, That ognized. tember 30, 2010, and for other purposes. in distributing funds provided under this head- Ms. KLOBUCHAR. Mr. President, I The Senate proceeded to consider the ing, the Secretary shall take such measures so ask for the yeas and nays. bill, which had been reported from the as to ensure an equitable geographic distribu- The PRESIDING OFFICER. Is there a Committee on Appropriations, with an tion of funds, an appropriate balance in ad- sufficient second? amendment to strike all after the en- dressing the needs of urban and rural commu- There is a sufficient second. acting clause and insert in lieu thereof nities, and the investment in a variety of trans- portation modes: Provided further, That a grant The clerk will call the roll. the following: funded under this heading shall be not less than The assistant legislative clerk called That the following sums are appropriated, out $10,000,000 and not greater than $300,000,000: the roll. of any money in the Treasury not otherwise ap- Provided further, That not more than 25 percent Mr. DURBIN. I announce that the propriated, for the Departments of Transpor- of the funds made available under this heading Senator from California (Mrs. BOXER) tation and Housing and Urban Development, may be awarded to projects in a single State: and the Senator from West Virginia and related agencies for the fiscal year ending Provided further, That the Federal share of the September 30, 2010, and for other purposes, (Mr. BYRD) are necessarily absent. costs for which an expenditure is made under namely: The PRESIDING OFFICER. Are there this heading shall be, at the option of the recipi- TITLE I ent, up to 80 percent: Provided further, That the any other Senators in the Chamber de- DEPARTMENT OF TRANSPORTATION Secretary shall give priority to projects that re- siring to vote? quire a contribution of Federal funds in order to OFFICE OF THE SECRETARY The result was announced—yeas 57, complete an overall financing package: Provided nays 40, as follows: SALARIES AND EXPENSES further, That not less than $250,000,000 of the [Rollcall Vote No. 274 Ex.] For necessary expenses of the Office of the funds provided under this heading shall be for Secretary, $100,975,000, of which not to exceed projects located in rural communities: Provided YEAS—57 $2,631,000 shall be available for the immediate further, That for projects located in rural com- Akaka Franken Merkley Office of the Secretary; not to exceed $986,000 munities, the minimum grant size shall be Baucus Gillibrand Mikulski shall be available for the immediate Office of the $1,000,000 and the Secretary may increase the Bayh Hagan Murray Deputy Secretary; not to exceed $20,359,000 shall Federal share of costs above 80 percent: Pro- Bennet Harkin Nelson (FL) be available for the Office of the General Coun- Bennett Hatch Reed vided further, That projects conducted using Bingaman Inouye Reid sel; not to exceed $10,107,000 shall be available funds provided under this heading must comply Brown Johnson Rockefeller for the Office of the Under Secretary of Trans- with the requirements of subchapter IV of chap- Burris Kaufman Schumer portation for Policy; not to exceed $10,559,000 ter 31 of title 40, United States Code: Provided Cantwell Kerry Shaheen shall be available for the Office of the Assistant further, That the Secretary shall publish cri- Cardin Klobuchar Snowe Secretary for Budget and Programs; not to ex- teria on which to base the competition for any Carper Kohl Specter ceed $2,400,000 shall be available for the Office grants awarded under this heading no sooner Casey Landrieu Stabenow of the Assistant Secretary for Governmental Af- Collins Lautenberg Tester than 60 days after enactment of this Act, require Conrad Leahy Udall (CO) fairs; not to exceed $26,265,000 shall be available applications for funding provided under this Dodd Levin Udall (NM) for the Office of the Assistant Secretary for Ad- heading to be submitted so sooner than 120 days Dorgan Lieberman Voinovich ministration; not to exceed $2,123,000 shall be after the publication of such criteria, and an- Durbin Lugar Warner available for the Office of Public Affairs; not to nounce all projects selected to be funded from Feingold McCaskill Whitehouse exceed $1,711,000 shall be available for the Office funds provided under this heading no sooner Feinstein Menendez Wyden of the Executive Secretariat; not to exceed than September 15, 2010: Provided further, That NAYS—40 $1,499,000 shall be available for the Office of the Secretary may retain up to $25,000,000 of the Small and Disadvantaged Business Utilization; Alexander Ensign Murkowski funds provided under this heading, and may Barrasso Enzi Nelson (NE) not to exceed $9,072,000 for the Office of Intel- transfer portions of those funds to the Adminis- Begich Graham Pryor ligence, Security, and Emergency Response; and trators of the Federal Highway Administration, Bond Grassley Risch not to exceed $13,263,000 shall be available for the Federal Transit Administration, the Federal Brownback Gregg Roberts the Office of the Chief Information Officer: Pro- Railroad Administration and the Federal Mari- Bunning Hutchison Sanders vided, That the Secretary of Transportation is time Administration, to fund the award and Burr Inhofe Sessions authorized to transfer funds appropriated for oversight of grants made under this heading. Chambliss Isakson Shelby any office of the Office of the Secretary to any Coburn Johanns FINANCIAL MANAGEMENT CAPITAL Thune other office of the Office of the Secretary: Pro- Cochran Kyl For necessary expenses for upgrading and en- Vitter vided further, That no appropriation for any of- Corker LeMieux hancing the Department of Transportation’s fi- Webb fice shall be increased or decreased by more Cornyn Lincoln nancial systems and re-engineering business Crapo McCain Wicker than 5 percent by all such transfers: Provided processes, $5,000,000, to remain available until DeMint McConnell further, That notice of any change in funding expended. NOT VOTING—2 greater than 5 percent shall be submitted for ap- proval to the House and Senate Committees on OFFICE OF CIVIL RIGHTS Boxer Byrd Appropriations: Provided further, That not to For necessary expenses of the Office of Civil The nomination was confirmed. exceed $60,000 shall be for allocation within the Rights, $9,667,000. The PRESIDING OFFICER. Under Department for official reception and represen- TRANSPORTATION PLANNING, RESEARCH, AND the previous order, the motion to re- tation expenses as the Secretary may determine: DEVELOPMENT consider is considered made and laid Provided further, That notwithstanding any For necessary expenses for conducting trans- upon the table. other provision of law, excluding fees author- portation planning, research, systems develop- ized in Public Law 107–71, there may be credited ment, development activities, and making The President shall be immediately to this appropriation up to $2,500,000 in funds grants, to remain available until expended, notified of the Senate’s action. received in user fees: Provided further, That $8,233,000. f none of the funds provided in this Act shall be WORKING CAPITAL FUND available for the position of Assistant Secretary LEGISLATIVE SESSION Necessary expenses for operating costs and for Public Affairs. capital outlays of the Working Capital Fund, The PRESIDING OFFICER. Under NATIONAL INFRASTRUCTURE INVESTMENTS not to exceed $147,500,000, shall be paid from ap- the previous order, the Senate shall re- For capital investments in surface transpor- propriations made available to the Department sume legislative session. tation infrastructure, $1,100,000,000, to remain of Transportation: Provided, That such services

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shall be provided on a competitive basis to enti- FEDERAL AVIATION ADMINISTRATION this Act: Provided further, That there may be ties within the Department of Transportation: OPERATIONS credited to this appropriation funds received Provided further, That the above limitation on (AIRPORT AND AIRWAY TRUST FUND) from States, counties, municipalities, foreign au- operating expenses shall not apply to non-DOT thorities, other public authorities, and private (INCLUDING TRANSFER OF FUNDS) entities: Provided further, That no funds appro- sources, for expenses incurred in the provision priated in this Act to an agency of the Depart- For necessary expenses of the Federal Avia- of agency services, including receipts for the ment shall be transferred to the Working Capital tion Administration, not otherwise provided for, maintenance and operation of air navigation fa- Fund without the approval of the agency modal including operations and research activities re- cilities, and for issuance, renewal or modifica- lated to commercial space transportation, ad- administrator: Provided further, That no assess- tion of certificates, including airman, aircraft, ministrative expenses for research and develop- ments may be levied against any program, budg- and repair station certificates, or for tests re- ment, establishment of air navigation facilities, et activity, subactivity or project funded by this lated thereto, or for processing major repair or the operation (including leasing) and mainte- Act unless notice of such assessments and the alteration forms: Provided further, That of the nance of aircraft, subsidizing the cost of aero- basis therefor are presented to the House and funds appropriated under this heading, not less nautical charts and maps sold to the public, Senate Committees on Appropriations and are than $9,500,000 shall be for the contract tower lease or purchase of passenger motor vehicles for approved by such Committees. cost-sharing program: Provided further, That replacement only, in addition to amounts made none of the funds in this Act for aeronautical MINORITY BUSINESS RESOURCE CENTER PROGRAM available by Public Law 108–176, $9,359,131,000, charting and cartography are available for ac- of which $5,277,648,000 shall be derived from the For the cost of guaranteed loans, $353,000, as Airport and Airway Trust Fund, of which not to tivities conducted by, or coordinated through, authorized by 49 U.S.C. 332: Provided, That exceed $7,305,902,000 shall be available for air the Working Capital Fund: Provided further, such costs, including the cost of modifying such traffic organization activities; not to exceed That not to exceed $500,000 shall be paid from loans, shall be as defined in section 502 of the $1,236,565,000 shall be available for aviation appropriations made available by this Act and Congressional Budget Act of 1974: Provided fur- safety activities; not to exceed $14,737,000 shall provided to the Department of Transportation’s ther, That these funds are available to subsidize be available for commercial space transportation Office of Inspector General through reimburse- total loan principal, any part of which is to be activities; not to exceed $113,681,000 shall be ment to conduct the annual audits of financial guaranteed, not to exceed $18,367,000. In addi- available for financial services activities; not to statements in accordance with section 3521 of tion, for administrative expenses to carry out exceed $100,428,000 shall be available for human title 31, United States Code, and $120,000 shall the guaranteed loan program, $570,000. resources program activities; not to exceed be paid from appropriations made available by this Act and provided to that office through re- MINORITY BUSINESS OUTREACH $341,977,000 shall be available for region and center operations and regional coordination ac- imbursement to conduct the annual Enterprise For necessary expenses of Minority Business tivities; not to exceed $196,063,000 shall be avail- Services Center Statement on Auditing Stand- Resource Center outreach activities, $3,074,000, able for staff offices; and not to exceed ards 70 audit. to remain available until September 30, 2011: $49,778,000 shall be available for information FACILITIES AND EQUIPMENT Provided, That notwithstanding 49 U.S.C. 332, services: Provided, That the Secretary utilize (AIRPORT AND AIRWAY TRUST FUND) these funds may be used for business opportuni- not less than $18,500,000 of the funds provided ties related to any mode of transportation. For necessary expenses, not otherwise pro- for aviation safety activities to pay for staff in- vided for, for acquisition, establishment, tech- PAYMENTS TO AIR CARRIERS creases in the Office of Aviation Flight Stand- nical support services, improvement by contract ards and the Office of Aircraft Certification: (AIRPORT AND AIRWAY TRUST FUND) or purchase, and hire of national airspace sys- Provided further, That none of the funds pro- tems and experimental facilities and equipment, (INCLUDING TRANSFER OF FUNDS) vided for increases to the staffs of the aviation as authorized under part A of subtitle VII of flight standards and aircraft certification offices In addition to funds made available from any title 49, United States Code, including initial ac- shall be used for other purposes: Provided fur- other source to carry out the essential air serv- quisition of necessary sites by lease or grant; en- ther, That not to exceed 2 percent of any budget ice program under 49 U.S.C. 41731 through gineering and service testing, including con- activity, except for aviation safety budget activ- 41742, $125,000,000, to be derived from the Air- struction of test facilities and acquisition of nec- ity, may be transferred to any budget activity port and Airway Trust Fund, to remain avail- essary sites by lease or grant; construction and under this heading: Provided further, That no able until expended: Provided, That, in deter- furnishing of quarters and related accommoda- transfer may increase or decrease any appro- mining between or among carriers competing to tions for officers and employees of the Federal priation by more than 2 percent: Provided fur- provide service to a community, the Secretary Aviation Administration stationed at remote lo- ther, That any transfer in excess of 2 percent may consider the relative subsidy requirements calities where such accommodations are not shall be treated as a reprogramming of funds of the carriers: Provided further, That, if the available; and the purchase, lease, or transfer of under section 405 of this Act and shall not be funds under this heading are insufficient to aircraft from funds available under this head- available for obligation or expenditure except in meet the costs of the essential air service pro- ing, including aircraft for aviation regulation compliance with the procedures set forth in that gram in the current fiscal year, the Secretary and certification; to be derived from the Airport section: Provided further, That not later than shall transfer such sums as may be necessary to and Airway Trust Fund, $2,942,352,000, of which March 31 of each fiscal year hereafter, the Ad- carry out the essential air service program from $2,472,352,000 shall remain available until Sep- ministrator of the Federal Aviation Administra- any available amounts appropriated to or di- tember 30, 2012, and of which $470,000,000 shall tion shall transmit to Congress an annual up- rectly administered by the Office of the Sec- remain available until September 30, 2010: Pro- date to the report submitted to Congress in De- retary for such fiscal year. vided, That there may be credited to this appro- cember 2004 pursuant to section 221 of Public priation funds received from States, counties, ADMINISTRATIVE PROVISIONS—OFFICE OF THE Law 108–176: Provided further, That the amount municipalities, other public authorities, and pri- SECRETARY OF TRANSPORTATION herein appropriated shall be reduced by $100,000 vate sources, for expenses incurred in the estab- SEC. 101. The Secretary of Transportation is for each day after March 31 that such report lishment and modernization of air navigation authorized to transfer the unexpended balances has not been submitted to the Congress: Pro- facilities: Provided further, That upon initial available for the bonding assistance program vided further, That not later than March 31 of submission to the Congress of the fiscal year from ‘‘Office of the Secretary, Salaries and ex- each fiscal year hereafter, the Administrator 2011 President’s budget, the Secretary of Trans- penses’’ to ‘‘Minority Business Outreach’’. shall transmit to Congress a companion report portation shall transmit to the Congress a com- that describes a comprehensive strategy for SEC. 102. None of the funds made available in prehensive capital investment plan for the Fed- staffing, hiring, and training flight standards eral Aviation Administration which includes this Act to the Department of Transportation and aircraft certification staff in a format simi- may be obligated for the Office of the Secretary funding for each budget line item for fiscal lar to the one utilized for the controller staffing years 2011 through 2015, with total funding for of Transportation to approve assessments or re- plan, including stated attrition estimates and imbursable agreements pertaining to funds ap- each year of the plan constrained to the fund- numerical hiring goals by fiscal year: Provided ing targets for those years as estimated and ap- propriated to the modal administrations in this further, That the amount herein appropriated Act, except for activities underway on the date proved by the Office of Management and Budg- shall be reduced by $100,000 per day for each et. of enactment of this Act, unless such assess- day after March 31 that such report has not ments or agreements have completed the normal been submitted to Congress: Provided further, RESEARCH, ENGINEERING, AND DEVELOPMENT reprogramming process for Congressional notifi- That funds may be used to enter into a grant (AIRPORT AND AIRWAY TRUST FUND) cation. agreement with a nonprofit standard-setting or- For necessary expenses, not otherwise pro- SEC. 103. None of the funds made available ganization to assist in the development of avia- vided for, for research, engineering, and devel- under this Act may be obligated or expended to tion safety standards: Provided further, That opment, as authorized under part A of subtitle establish or implement a program under which none of the funds in this Act shall be available VII of title 49, United States Code, including essential air service communities are required to for new applicants for the second career train- construction of experimental facilities and ac- assume subsidy costs commonly referred to as ing program: Provided further, That none of the quisition of necessary sites by lease or grant, the EAS local participation program. funds in this Act shall be available for the Fed- $175,000,000, to be derived from the Airport and SEC. 104. The Secretary or his or her designee eral Aviation Administration to finalize or im- Airway Trust Fund and to remain available may engage in activities with States and State plement any regulation that would promulgate until September 30, 2012: Provided, That there legislators to consider proposals related to the new aviation user fees not specifically author- may be credited to this appropriation as offset- reduction of motorcycle fatalities. ized by law after the date of the enactment of ting collections, funds received from States,

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9235 counties, municipalities, other public authori- maining in such account at the close of that fis- 5 of Public Law 109–59) for fiscal year 2010: Pro- ties, and private sources, which shall be avail- cal year may be made available to satisfy sec- vided further, That this limitation on transpor- able for expenses incurred for research, engi- tion 41742(a)(1) for the subsequent fiscal year. tation research programs shall not apply to any neering, and development. SEC. 113. Amounts collected under section authority previously made available for obliga- GRANTS-IN-AID FOR AIRPORTS 40113(e) of title 49, United States Code, shall be tion: Provided further, That the Secretary may, credited to the appropriation current at the time as authorized by section 605(b) of title 23, (LIQUIDATION OF CONTRACT AUTHORIZATION) of collection, to be merged with and available United States Code, collect and spend fees to (LIMITATION ON OBLIGATIONS) for the same purposes of such appropriation. cover the costs of services of expert firms, in- (AIRPORT AND AIRWAY TRUST FUND) SEC. 114. None of the funds limited by this Act cluding counsel, in the field of municipal and For liquidation of obligations incurred for for grants under the Airport Improvement Pro- project finance to assist in the underwriting and grants-in-aid for airport planning and develop- gram shall be made available to the sponsor of servicing of Federal credit instruments and all ment, and noise compatibility planning and pro- a commercial service airport if such sponsor fails or a portion of the costs to the Federal Govern- grams as authorized under subchapter I of to agree to a request from the Secretary of ment of servicing such credit instruments: Pro- chapter 471 and subchapter I of chapter 475 of Transportation for cost-free space in a non-rev- vided further, That such fees are available until title 49, United States Code, and under other enue producing, public use area of the airport expended to pay for such costs: Provided fur- law authorizing such obligations; for procure- terminal or other airport facilities for the pur- ther, That such amounts are in addition to ad- ment, installation, and commissioning of run- pose of carrying out a public service air pas- ministrative expenses that are also available for way incursion prevention devices and systems at senger rights and consumer outreach campaign. such purpose, and are not subject to any obliga- SEC. 115. None of the funds in this Act shall airports of such title; for grants authorized tion limitation or the limitation on administra- be available for paying premium pay under sub- under section 41743 of title 49, United States tive expenses under section 608 of title 23, section 5546(a) of title 5, United States Code, to Code; and for inspection activities and adminis- United States Code. any Federal Aviation Administration employee tration of airport safety programs, including (LIQUIDATION OF CONTRACT AUTHORIZATION) unless such employee actually performed work those related to airport operating certificates during the time corresponding to such premium (HIGHWAY TRUST FUND) under section 44706 of title 49, United States pay. For carrying out the provisions of title 23, Code, $3,000,000,000 to be derived from the Air- SEC. 116. None of the funds in this Act may be United States Code, that are attributable to port and Airway Trust Fund and to remain obligated or expended for an employee of the Federal-aid highways, not otherwise provided, available until expended: Provided, That none Federal Aviation Administration to purchase a including reimbursement for sums expended pur- of the funds under this heading shall be avail- store gift card or gift certificate through use of suant to the provisions of 23 U.S.C. 308, able for the planning or execution of programs a Government-issued credit card. $41,846,000,000 or so much thereof as may be the obligations for which are in excess of SEC. 117. The Secretary shall apportion to the available in and derived from the Highway $3,515,000,000 in fiscal year 2010, notwith- sponsor of an airport that received scheduled or Trust Fund (other than the Mass Transit Ac- standing section 47117(g) of title 49, United unscheduled air service from a large certified air count), to remain available until expended. States Code: Provided further, That none of the carrier (as defined in part 241 of title 14 Code of funds under this heading shall be available for ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY Federal Regulations, or such other regulations ADMINISTRATION the replacement of baggage conveyor systems, as may be issued by the Secretary under the au- SEC. 120. (a) For fiscal year 2009, the Sec- reconfiguration of terminal baggage areas, or thority of section 41709) an amount equal to the retary of Transportation shall— other airport improvements that are necessary to minimum apportionment specified in 49 U.S.C. (1) not distribute from the obligation limita- install bulk explosive detection systems: Pro- 47114(c), if the Secretary determines that airport tion for Federal-aid highways amounts author- vided further, That notwithstanding any other had more than 10,000 passenger boardings in the ized for administrative expenses and programs provision of law, of funds limited under this preceding calendar year, based on data sub- by section 104(a) of title 23, United States Code; heading, not more than $93,422,000 shall be obli- mitted to the Secretary under part 241 of title 14, programs funded from the administrative take- gated for administration, not less than Code of Federal Regulations. $15,000,000 shall be available for the airport co- down authorized by section 104(a)(1) of title 23, operative research program, not less than FEDERAL HIGHWAY ADMINISTRATION United States Code (as in effect on the date be- $22,472,000 shall be for Airport Technology Re- LIMITATION ON ADMINISTRATIVE EXPENSES fore the date of enactment of the Safe, Account- search and $8,000,000, to remain available until (INCLUDING TRANSFER OF FUNDS) able, Flexible, Efficient Transportation Equity expended, shall be available and transferred to Not to exceed $415,396,000, together with ad- Act: A Legacy for Users); the highway use tax ‘‘Office of the Secretary, Salaries and Ex- vances and reimbursements received by the Fed- evasion program; and the Bureau of Transpor- penses’’ to carry out the Small Community Air eral Highway Administration, shall be paid in tation Statistics; Service Development Program. accordance with law from appropriations made (2) not distribute an amount from the obliga- (RESCISSION) available by this Act to the Federal Highway tion limitation for Federal-aid highways that is equal to the unobligated balance of amounts Of the amounts authorized for the fiscal year Administration for necessary expenses for ad- made available from the Highway Trust Fund ending September 30, 2009, and prior years ministration and operation. In addition, not to (other than the Mass Transit Account) for Fed- under sections 48103 and 48112 of title 49, United exceed $3,524,000 shall be paid from appropria- eral-aid highways and highway safety programs States Code, $392,960,000 are permanently re- tions made available by this Act and transferred for previous fiscal years the funds for which are scinded. to the Department of Transportation’s Office of Inspector General for costs associated with au- allocated by the Secretary; ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION dits and investigations of projects and programs (3) determine the ratio that— ADMINISTRATION of the Federal Highway Administration, and not (A) the obligation limitation for Federal-aid SEC. 110. None of the funds in this Act may be to exceed $285,000 shall be paid from appropria- highways, less the aggregate of amounts not dis- used to compensate in excess of 600 technical tions made available by this Act and provided to tributed under paragraphs (1) and (2), bears to staff-years under the federally funded research that office through reimbursement to conduct (B) the total of the sums authorized to be ap- and development center contract between the the annual audits of financial statements in ac- propriated for Federal-aid highways and high- Federal Aviation Administration and the Center cordance with section 3521 of title 31, United way safety construction programs (other than for Advanced Aviation Systems Development States Code. In addition, not to exceed sums authorized to be appropriated for provi- during fiscal year 2010. $3,124,000 shall be paid from appropriations sions of law described in paragraphs (1) through SEC. 111. None of the funds in this Act shall made available by this Act and transferred to (9) of subsection (b) and sums authorized to be be used to pursue or adopt guidelines or regula- the Appalachian Regional Commission in ac- appropriated for section 105 of title 23, United tions requiring airport sponsors to provide to the cordance with section 104 of title 23, United States Code, equal to the amount referred to in Federal Aviation Administration without cost States Code. subsection (b)(10) for such fiscal year), less the building construction, maintenance, utilities aggregate of the amounts not distributed under FEDERAL-AID HIGHWAYS and expenses, or space in airport sponsor-owned paragraphs (1) and (2) of this subsection; buildings for services relating to air traffic con- (LIMITATION ON OBLIGATIONS) (4)(A) distribute the obligation limitation for trol, air navigation, or weather reporting: Pro- (HIGHWAY TRUST FUND) Federal-aid highways, less the aggregate vided, That the prohibition of funds in this sec- None of the funds in this Act shall be avail- amounts not distributed under paragraphs (1) tion does not apply to negotiations between the able for the implementation or execution of pro- and (2), for sections 1301, 1302, and 1934 of the agency and airport sponsors to achieve agree- grams, the obligations for which are in excess of Safe, Accountable, Flexible, Efficient Transpor- ment on ‘‘below-market’’ rates for these items or $41,107,000,000 for Federal-aid highways and tation Equity Act: A Legacy for Users; sections to grant assurances that require airport spon- highway safety construction programs for fiscal 117 (but individually for each project numbered sors to provide land without cost to the FAA for year 2010: Provided, That within the 1 through 3676 listed in the table contained in air traffic control facilities. $41,107,000,000 obligation limitation on Federal- section 1702 of the Safe, Accountable, Flexible, SEC. 112. The Administrator of the Federal aid highways and highway safety construction Efficient Transportation Equity Act: A Legacy Aviation Administration may reimburse amounts programs, not more than $429,800,000 shall be for Users) and section 144(g) of title 23, United made available to satisfy 49 U.S.C. 41742(a)(1) available for the implementation or execution of States Code; and section 14501 of title 40, United from fees credited under 49 U.S.C. 45303: Pro- programs for transportation research (chapter 5 States Code, so that the amount of obligation vided, That during fiscal year 2010, 49 U.S.C. of title 23, United States Code; sections 111, 5505, authority available for each of such sections is 41742(b) shall not apply, and any amount re- and 5506 of title 49, United States Code; and title equal to the amount determined by multiplying

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9236 CONGRESSIONAL RECORD — SENATE September 10, 2009 the ratio determined under paragraph (3) by the those States having large unobligated balances activities identified under this section in the sums authorized to be appropriated for that sec- of funds apportioned under sections 104 and 144 committee report accompanying this Act: Pro- tion for the fiscal year; and of title 23, United States Code. vided further, That funds provided by this sec- (B) distribute $2,000,000,000 for section 105 of (d) APPLICABILITY OF OBLIGATION LIMITA- tion, at the request of a State, shall be trans- title 23, United States Code; TIONS TO TRANSPORTATION RESEARCH PRO- ferred by the Secretary to another Federal agen- (5) distribute the obligation limitation pro- GRAMS.—The obligation limitation shall apply to cy: Provided further, That the Federal share vided for Federal-aid highways, less the aggre- transportation research programs carried out payable on account of any program, project, or gate amounts not distributed under paragraphs under chapter 5 of title 23, United States Code, activity carried out with funds set aside by this (1) and (2) and amounts distributed under para- and title V (research title) of the Safe, Account- section shall be 100 percent: Provided further, graph (4), for each of the programs that are al- able, Flexible, Efficient Transportation Equity That the sums set aside by this section shall re- located by the Secretary under the Safe, Ac- Act: A Legacy for Users, except that obligation main available until expended: Provided fur- countable, Flexible, Efficient Transportation authority made available for such programs ther, That none of the funds set aside by this Equity Act: A Legacy for Users and title 23, under such limitation shall remain available for section shall be subject to any limitation on obli- United States Code (other than to programs to a period of 3 fiscal years and shall be in addi- gations for Federal-aid highways and highway which paragraphs (1) and (4) apply), by multi- tion to the amount of any limitation imposed on safety construction programs set forth in this plying the ratio determined under paragraph (3) obligations for Federal-aid highway and high- Act or any other Act. by the amounts authorized to be appropriated way safety construction programs for future fis- SEC. 123. There is hereby appropriated to the for each such program for such fiscal year; and cal years. Secretary of Transportation $1,400,000,000, to re- (6) distribute the obligation limitation pro- (e) REDISTRIBUTION OF CERTAIN AUTHORIZED main available through September 30, 2012: Pro- vided for Federal-aid highways, less the aggre- FUNDS.— vided, That of the funds provided under this gate amounts not distributed under paragraphs (1) IN GENERAL.—Not later than 30 days after section, $500,000,000 shall be made available to (1) and (2) and amounts distributed under para- the date of the distribution of obligation limita- pay subsidy and administrative costs under graphs (4) and (5), for Federal-aid highways tion under subsection (a), the Secretary shall chapter 6 of title 23, United States Code: Pro- and highway safety construction programs distribute to the States any funds that— vided further, That after making the set-aside (other than the amounts apportioned for the eq- (A) are authorized to be appropriated for such required under the preceding proviso, the funds uity bonus program, but only to the extent that fiscal year for Federal-aid highways programs; provided under this section shall be apportioned the amounts apportioned for the equity bonus and to the States in the same ratio as the obligation program for the fiscal year are greater than (B) the Secretary determines will not be allo- limitation for fiscal year 2010 is distributed $2,639,000,000, and the Appalachian develop- cated to the States, and will not be available for among the States in section 120(a)(6) of this Act, ment highway system program) that are appor- obligation, in such fiscal year due to the imposi- and made available for the restoration, repair, tioned by the Secretary under the Safe, Ac- tion of any obligation limitation for such fiscal construction, and other activities eligible under countable, Flexible, Efficient Transportation year. paragraph (b) of section 133 of title 23, United Equity Act: A Legacy for Users and title 23, (2) RATIO.—Funds shall be distributed under States Code: Provided further, That funds ap- United States Code, in the ratio that— paragraph (1) in the same ratio as the distribu- portioned under this section shall be adminis- (A) amounts authorized to be appropriated for tion of obligation authority under subsection tered as if apportioned under chapter 1 of title such programs that are apportioned to each (a)(6). 23, United States Code: Provided further, That State for such fiscal year, bear to (3) AVAILABILITY.—Funds distributed under the Federal share payable on account of any (B) the total of the amounts authorized to be paragraph (1) shall be available for any pur- project or activity carried out with funds appor- appropriated for such programs that are appor- poses described in section 133(b) of title 23, tioned under this section shall be 80 percent: tioned to all States for such fiscal year. United States Code. Provided further, That funding provided under (b) EXCEPTIONS FROM OBLIGATION LIMITA- (f) SPECIAL LIMITATION CHARACTERISTICS.— this section shall be in addition to any and all TION.—The obligation limitation for Federal-aid Obligation limitation distributed for a fiscal funds provided for fiscal year 2010 in this or any highways shall not apply to obligations: (1) year under subsection (a)(4) for the provision under section 125 of title 23, United States Code; other Act for ‘‘Federal-aid Highways’’ and shall specified in subsection (a)(4) shall— not affect the distribution of funds provided for (2) under section 147 of the Surface Transpor- (1) remain available until used for obligation tation Assistance Act of 1978; (3) under section ‘‘Federal-aid Highways’’ in any other Act: Pro- of funds for that provision; and vided further, That the amounts made available 9 of the Federal-Aid Highway Act of 1981; (4) (2) be in addition to the amount of any limita- under subsections (b) and (j) of section 131 of under this section shall not be subject to any tion imposed on obligations for Federal-aid limitation on obligations for Federal-aid high- the Surface Transportation Assistance Act of highway and highway safety construction pro- 1982; (5) under subsections (b) and (c) of section ways or highway safety construction programs grams for future fiscal years. set forth in any Act: Provided further, That sec- 149 of the Surface Transportation and Uniform (g) HIGH PRIORITY PROJECT FLEXIBILITY.— tion 1101(b) of Public Law 109–59 shall apply to Relocation Assistance Act of 1987; (6) under sec- (1) IN GENERAL.—Subject to paragraph (2), ob- funds apportioned under this heading. tions 1103 through 1108 of the Intermodal Sur- ligation authority distributed for such fiscal SEC. 124. Not less than 15 days prior to face Transportation Efficiency Act of 1991; (7) year under subsection (a)(4) for each project waiving, under his or her statutory authority, under section 157 of title 23, United States Code, numbered 1 through 3676 listed in the table con- any Buy America requirement for Federal-aid as in effect on the day before the date of the en- tained in section 1702 of the Safe, Accountable, highway projects, the Secretary of Transpor- actment of the Transportation Equity Act for Flexible, Efficient Transportation Equity Act: A tation shall make an informal public notice and the 21st Century; (8) under section 105 of title Legacy for Users may be obligated for any other comment opportunity on the intent to issue such 23, United States Code, as in effect for fiscal project in such section in the same State. waiver and the reasons therefor: Provided, That years 1998 through 2004, but only in an amount (2) RESTORATION.—Obligation authority used the Secretary shall provide an annual report to equal to $639,000,000 for each of those fiscal as described in paragraph (1) shall be restored the Appropriations Committees of the Congress years; (9) for Federal-aid highway programs for to the original purpose on the date on which ob- on any waivers granted under the Buy America which obligation authority was made available ligation authority is distributed under this sec- requirements. under the Transportation Equity Act for the tion for the next fiscal year following obligation SEC. 125. (a) IN GENERAL.—Except as provided 21st Century or subsequent public laws for mul- under paragraph (1). in subsection (b), none of the funds made avail- tiple years or to remain available until used, but (h) LIMITATION ON STATUTORY CONSTRUC- able, limited, or otherwise affected by this Act only to the extent that the obligation authority TION.—Nothing in this section shall be con- shall be used to approve or otherwise authorize has not lapsed or been used; (10) under section strued to limit the distribution of obligation au- the imposition of any toll on any segment of 105 of title 23, United States Code, but only in thority under subsection (a)(4)(A) for each of highway located on the Federal-aid system in an amount equal to $639,000,000 for each of fis- the individual projects numbered greater than the State of Texas that— cal years 2005 through 2010; and (11) under sec- 3676 listed in the table contained in section 1702 (1) as of the date of enactment of this Act, is tion 1603 of the Safe, Accountable, Flexible, Ef- of the Safe, Accountable, Flexible, Efficient not tolled; ficient Transportation Equity Act: A Legacy for Transportation Equity Act: A Legacy for Users. (2) is constructed with Federal assistance pro- Users, to the extent that funds obligated in ac- SEC. 121. Notwithstanding 31 U.S.C. 3302, vided under title 23, United States Code; and cordance with that section were not subject to a funds received by the Bureau of Transportation (3) is in actual operation as of the date of en- limitation on obligations at the time at which Statistics from the sale of data products, for actment of this Act. the funds were initially made available for obli- necessary expenses incurred pursuant to 49 (b) EXCEPTIONS.— gation. U.S.C. 111 may be credited to the Federal-aid (1) NUMBER OF TOLL LANES.—Subsection (a) (c) REDISTRIBUTION OF UNUSED OBLIGATION highways account for the purpose of reimburs- shall not apply to any segment of highway on AUTHORITY.—Notwithstanding subsection (a), ing the Bureau for such expenses: Provided, the Federal-aid system described in that sub- the Secretary shall, after August 1 of such fiscal That such funds shall be subject to the obliga- section that, as of the date on which a toll is im- year, revise a distribution of the obligation limi- tion limitation for Federal-aid highways and posed on the segment, will have the same num- tation made available under subsection (a) if the highway safety construction. ber of non-toll lanes as were in existence prior amount distributed cannot be obligated during SEC. 122. There is hereby appropriated to the to that date. that fiscal year and redistribute sufficient Secretary of Transportation $165,000,000 for sur- (2) HIGH-OCCUPANCY VEHICLE LANES.—A high- amounts to those States able to obligate face transportation priorities: Provided, That occupancy vehicle lane that is converted to a amounts in addition to those previously distrib- the amount provided by this section shall be toll lane shall not be subject to this section, and uted during that fiscal year, giving priority to made available for the programs, projects and shall not be considered to be a non-toll lane for

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9237 purposes of determining whether a highway will grams: Provided further, That notwithstanding and highway safety under subtitle C of title X have fewer non-toll lanes than prior to the date any other provision of law, none of the funds of Public Law 109–59 and chapter 301 and part of imposition of the toll, if— under this heading for outreach and education C of subtitle VI of title 49, United States Code, (A) high-occupancy vehicles occupied by the shall be available for transfer: Provided further, $135,803,000, of which $31,670,000 shall remain number of passengers specified by the entity op- That the Federal Motor Carrier Safety Adminis- available through September 30, 2011: Provided, erating the toll lane may use the toll lane with- tration shall transmit to Congress bi-annual re- That none of the funds appropriated by this Act out paying a toll, unless otherwise specified by ports on the agency’s ability to meet its require- may be obligated or expended to plan, finalize, the appropriate county, town, municipal or ment to conduct compliance reviews on high- or implement any rulemaking to add to section other local government entity, or public toll risk carriers. 575.104 of title 49 of the Code of Federal Regula- road or transit authority; or MOTOR CARRIER SAFETY GRANTS tions any requirement pertaining to a grading (B) each high-occupancy vehicle lane that (LIQUIDATION OF CONTRACT AUTHORIZATION) standard that is different from the three grading was converted to a toll lane was constructed as standards (treadwear, traction, and temperature (LIMITATION ON OBLIGATIONS) a temporary lane to be replaced by a toll lane resistance) already in effect. (HIGHWAY TRUST FUND) under a plan approved by the appropriate coun- OPERATIONS AND RESEARCH ty, town, municipal or other local government (INCLUDING RESCISSION) (LIQUIDATION OF CONTRACT AUTHORIZATION) entity, or public toll road or transit authority. For payment of obligations incurred in car- SEC. 126. Item 4866A in the table contained in rying out sections 31102, 31104(a), 31106, 31107, (LIMITATION ON OBLIGATIONS) section 1702 of the Safe, Accountable, Flexible, 31109, 31309, 31313 of title 49, United States (HIGHWAY TRUST FUND) Efficient Transportation Equity Act: A Legacy Code, and sections 4126 and 4128 of Public Law For payment of obligations incurred in car- for Users (Public Law 109–59) is amended by 109–59, $310,070,000, to be derived from the High- rying out the provisions of 23 U.S.C. 403, striking ‘‘Repair and restore’’ and inserting way Trust Fund (other than the Mass Transit $105,500,000 to be derived from the Highway ‘‘Removal of and enhancements around’’. Account) and to remain available until ex- Trust Fund (other than the Mass Transit Ac- SEC. 127. Item 3923 in the table contained in pended: Provided, That none of the funds in count) and to remain available until expended: section 1702 of the Safe, Accountable, Flexible, this Act shall be available for the implementa- Provided, That none of the funds in this Act Efficient Transportation Equity Act: A Legacy tion or execution of programs, the obligations shall be available for the planning or execution for Users (Public Law 109–59) is amended by for which are in excess of $310,070,000, for of programs the total obligations for which, in striking ‘‘to 4 lanes from I–10 to West U.S. 90’’. ‘‘Motor Carrier Safety Grants’’; of which fiscal year 2010, are in excess of $105,500,000 for SEC. 128. Funds made available for ‘‘Brent- $212,070,000 shall be available for the motor car- programs authorized under 23 U.S.C. 403: Pro- wood Boulevard/SR 4 Improvements, Brentwood, rier safety assistance program to carry out sec- vided further, That within the $105,500,000 obli- CA’’ under section 129 of Public Law 110–161 tions 31102 and 31104(a) of title 49, United States gation limitation for operations and research, shall be made available for ‘‘John Muir Park- Code; $25,000,000 shall be available for the com- $26,908,000 shall remain available until Sep- way Project, Brentwood, CA’’. mercial driver’s license improvements program to tember 30, 2010 and shall be in addition to the SEC. 129. The table contained in section 1702 carry out section 31313 of title 49, United States amount of any limitation imposed on obligations of the Safe, Accountable, Flexible, Efficient Code; $32,000,000 shall be available for the bor- for future years. Transportation Equity Act: A Legacy for Users der enforcement grants program to carry out NATIONAL DRIVER REGISTER (119 Stat. 1256) is amended in item number 3138 section 31107 of title 49, United States Code; by striking the project description and inserting $5,000,000 shall be available for the performance (LIQUIDATION OF CONTRACT AUTHORIZATION) ‘‘Elimination of highway-railway crossings and and registration information system manage- (LIMITATION ON OBLIGATIONS) rehabilitation of rail along the KO railroad to ment program to carry out sections 31106(b) and (HIGHWAY TRUST FUND) Osborne’’. 31109 of title 49, United States Code; $25,000,000 For payment of obligations incurred in car- SEC. 130. Funds made available for ‘‘City of shall be available for the commercial vehicle in- rying out chapter 303 of title 49, United States Tuscaloosa Downtown Revitalization Project— formation systems and networks deployment Code, $4,000,000, to be derived from the Highway University Blvd and Greensboro Avenue, AL’’ program to carry out section 4126 of Public Law Trust Fund (other than the Mass Transit Ac- under section 125 of Public Law 111–8 shall be 109–59; $3,000,000 shall be available for the safe- count) and to remain available until expended: made available for ‘‘City of Tuscaloosa Down- ty data improvement program to carry out sec- Provided, That none of the funds in this Act town Revitalization Project—University Blvd’’. tion 4128 of Public Law 109–59; and $8,000,000 shall be available for the implementation or exe- SEC. 131. The table contained in section 1702 shall be available for the commercial driver’s li- cution of programs the total obligations for of the Safe, Accountable, Flexible, Efficient cense information system modernization pro- which, in fiscal year 2010, are in excess of Transportation Equity Act: A Legacy for Users gram to carry out section 31309(e) of title 49, $4,000,000 for the National Driver Register au- (119 Stat. 1256) is amended by striking the United States Code: Provided further, That of thorized under such chapter. project description for item number 4573 and in- the funds made available for the motor carrier serting the following: ‘‘Design and construct safety assistance program, $29,000,000 shall be NATIONAL DRIVER REGISTER MODERNIZATION interchange on I–15 in Mesquite’’. available for audits of new entrant motor car- For an additional amount for the ‘‘National FEDERAL MOTOR CARRIER SAFETY riers: Provided further, That $1,530,000 in unob- Driver Register’’ as authorized by chapter 303 of ADMINISTRATION ligated balances are permanently rescinded. title 49, United States Code, $3,350,000, to remain MOTOR CARRIER SAFETY OPERATIONS AND MOTOR CARRIER SAFETY available through September 30, 2011: Provided, PROGRAMS (HIGHWAY TRUST FUND) That the funding made available under this heading shall be used to carry out the mod- (LIQUIDATION OF CONTRACT AUTHORIZATION) (RESCISSION) ernization of the National Driver Register. (LIMITATION ON OBLIGATIONS) Of the amounts made available under this HIGHWAY TRAFFIC SAFETY GRANTS (HIGHWAY TRUST FUND) heading in prior appropriations Acts, $3,400,000 in unobligated balances are permanently re- (LIQUIDATION OF CONTRACT AUTHORIZATION) For payment of obligations incurred in the im- scinded. (LIMITATION ON OBLIGATIONS) plementation, execution and administration of motor carrier safety operations and programs NATIONAL MOTOR CARRIER SAFETY PROGRAM (HIGHWAY TRUST FUND) pursuant to section 31104(I) of title 49, United (HIGHWAY TRUST FUND) For payment of obligations incurred in car- States Code, and sections 4127 and 4134 of Pub- (RESCISSION) rying out the provisions of 23 U.S.C. 402, 405, lic Law 109–59, $238,500,000, to be derived from Of the amounts made available under this 406, 408, and 410 and sections 2001(a)(11), 2009, the Highway Trust Fund (other than the Mass heading in prior appropriations Acts, $400,000 in 2010, and 2011 of Public Law 109–59, to remain Transit Account), together with advances and unobligated balances are permanently re- available until expended, $619,500,000 to be de- reimbursements received by the Federal Motor scinded. rived from the Highway Trust Fund (other than Carrier Safety Administration, the sum of which ADMINISTRATIVE PROVISION—FEDERAL MOTOR the Mass Transit Account): Provided, That none shall remain available until expended: Provided, CARRIER SAFETY ADMINISTRATION of the funds in this Act shall be available for That none of the funds derived from the High- the planning or execution of programs the total SEC. 135. Funds appropriated or limited in this way Trust Fund in this Act shall be available obligations for which, in fiscal year 2010, are in Act shall be subject to the terms and conditions for the implementation, execution or administra- excess of $619,500,000 for programs authorized stipulated in section 350 of Public Law 107–87 tion of programs, the obligations for which are under 23 U.S.C. 402, 405, 406, 408, and 410 and and section 6901 of Public Law 110–28, including in excess of $238,500,000, for ‘‘Motor Carrier sections 2001(a)(11), 2009, 2010, and 2011 of Pub- that the Secretary submit a report to the House Safety Operations and Programs’’ of which lic Law 109–59, of which $235,000,000 shall be for and Senate Appropriations Committees annually $8,543,000, to remain available for obligation ‘‘Highway Safety Programs’’ under 23 U.S.C. on the safety and security of transportation into until September 30, 2012, is for the research and 402; $25,000,000 shall be for ‘‘Occupant Protec- the United States by Mexico-domiciled motor technology program and $1,000,000 shall be tion Incentive Grants’’ under 23 U.S.C. 405; carriers. available for commercial motor vehicle opera- $124,500,000 shall be for ‘‘Safety Belt Perform- tor’s grants to carry out section 4134 of Public NATIONAL HIGHWAY TRAFFIC SAFETY ance Grants’’ under 23 U.S.C. 406, and such ob- Law 109–59: Provided further, That an addi- ADMINISTRATION ligation limitation shall remain available until tional $1,328,000 shall be appropriated from the OPERATIONS AND RESEARCH September 30, 2011 in accordance with sub- General Fund for the execution and administra- For expenses necessary to discharge the func- section (f) of such section 406 and shall be in ad- tion of motor carrier safety operations and pro- tions of the Secretary, with respect to traffic dition to the amount of any limitation imposed

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9238 CONGRESSIONAL RECORD — SENATE September 10, 2009 on obligations for such grants for future fiscal as amended, no new direct loans or loan guar- nues, and capital and operating expenses for years; $34,500,000 shall be for ‘‘State Traffic antee commitments shall be made using Federal the Northeast Corridor; commuter service; long- Safety Information System Improvements’’ funds for the credit risk premium during fiscal distance Amtrak service; State-supported serv- under 23 U.S.C. 408; $139,000,000 shall be for year 2010. ice; each intercity train route, including Auto- ‘‘Alcohol-Impaired Driving Countermeasures In- RAIL LINE RELOCATION AND IMPROVEMENT train; and commercial activities including con- centive Grant Program’’ under 23 U.S.C. 410; PROGRAM tract operations: Provided further, That the $18,500,000 shall be for ‘‘Administrative Ex- For necessary expenses of carrying out section business plan shall include a description of the penses’’ under section 2001(a)(11) of Public Law 20154 of title 49, United States Code, $25,000,000, capital investments to be funded, along with 109–59; $29,000,000 shall be for ‘‘High Visibility to remain available until expended. cost estimates and an estimated timetable for Enforcement Program’’ under section 2009 of completion of the projects covered by this busi- RAILROAD SAFETY TECHNOLOGY PROGRAM Public Law 109–59; $7,000,000 shall be for ‘‘Mo- ness plan: Provided further, That the Corpora- torcyclist Safety’’ under section 2010 of Public For necessary expenses of carrying out section tion shall provide semiannual reports in elec- Law 109–59; and $7,000,000 shall be for ‘‘Child 20158 of title 49, United States Code, $50,000,000, tronic format regarding the pending business Safety and Child Booster Seat Safety Incentive to remain available until expended: Provided, plan, which shall describe the work completed to Grants’’ under section 2011 of Public Law 109– That to be eligible for assistance under this date, any changes to the business plan, and the 59: Provided further, That none of these funds heading, an entity need not have developed reasons for such changes, and shall identify all shall be used for construction, rehabilitation, or plans required under subsection 20156(e)(2) of sole source contract awards which shall be ac- remodeling costs, or for office furnishings and title 49, United States Code, and section 20157 of companied by a justification as to why said con- fixtures for State, local or private buildings or such title. tract was awarded on a sole source basis: Pro- structures: Provided further, That not to exceed OPERATING GRANTS TO THE NATIONAL RAILROAD vided further, That the Corporation’s business $500,000 of the funds made available for section PASSENGER CORPORATION plan and all subsequent supplemental plans 410 ‘‘Alcohol-Impaired Driving Countermeasures To enable the Secretary of Transportation to shall be displayed on the Corporation’s website Grants’’ shall be available for technical assist- make quarterly grants to the National Railroad within a reasonable timeframe following their ance to the States: Provided further, That not to Passenger Corporation for the operation of submission to the appropriate entities: Provided exceed $750,000 of the funds made available for intercity passenger rail, as authorized by section further, That none of the funds under this the ‘‘High Visibility Enforcement Program’’ 101 of the Passenger Rail Investment and Im- heading may be obligated or expended until the shall be available for the evaluation required provement Act of 2008 (division B of Public Law Corporation agrees to continue abiding by the under section 2009(f) of Public Law 109–59. 110–432), $553,348,000, to remain available until provisions of paragraphs 1, 2, 5, 9, and 11 of the ADMINISTRATIVE PROVISIONS—NATIONAL expended: Provided, That the Secretary shall summary of conditions for the direct loan agree- HIGHWAY TRAFFIC SAFETY ADMINISTRATION not make the grants for the third and fourth ment of June 28, 2002, in the same manner as in SEC. 140. Notwithstanding any other provision quarter of the fiscal year available to the Cor- effect on the date of enactment of this Act: Pro- of law or limitation on the use of funds made poration until an Inspector General who is a vided further, That concurrent with the Presi- available under section 403 of title 23, United member of the Council of the Inspectors General dent’s budget request for fiscal year 2011, the States Code, an additional $130,000 shall be on Integrity and Efficiency determines that the Corporation shall submit to the House and Sen- made available to the National Highway Traffic Corporation and the Corporation’s Inspector ate Committees on Appropriations a budget re- Safety Administration, out of the amount lim- General have agreed upon a set of policies and quest for fiscal year 2011 in similar format and ited for section 402 of title 23, United States procedures for interacting with each other that substance to those submitted by executive agen- Code, to pay for travel and related expenses for are consistent with the letter and the spirit of cies of the Federal Government. State management reviews and to pay for core the Inspector General Act of 1978, as amended: competency development training and related Provided further, That 1 year after such deter- CAPITAL AND DEBT SERVICE GRANTS TO THE expenses for highway safety staff. mination is made, the Council of the Inspectors NATIONAL RAILROAD PASSENGER CORPORATION General on Integrity and Efficiency shall ap- SEC. 141. The limitations on obligations for the To enable the Secretary of Transportation to point another member to evaluate the current programs of the National Highway Traffic Safe- make grants to the National Railroad Passenger operational independence of the Amtrak Inspec- ty Administration set in this Act shall not apply Corporation for capital investments as author- tor General: Provided further, That the Cor- to obligations for which obligation authority ized by section 101(c) of the Passenger Rail In- was made available in previous public laws for poration shall reimburse each Inspector General for all costs incurred in conducting the deter- vestment and Improvement Act of 2008 (division multiple years but only to the extent that the B of Public Law 110–432), $1,001,625,000, to re- obligation authority has not lapsed or been mination and the evaluation required by the preceding two provisos: Provided further, That main available until expended, of which not to used. exceed $264,000,000 shall be for debt service obli- SEC. 142. Of the amounts made available the amounts available under this paragraph shall be available for the Secretary to approve gations as authorized by section 102 of such Act: under the heading ‘‘Operations and Research Provided, That of the funding provided under (Liquidation of Contract Authorization) (Limi- funding to cover operating losses for the Cor- poration only after receiving and reviewing a this heading, not less than $144,000,000 shall be tation on Obligations) (Highway Trust Fund)’’ for bringing the stations on the Corporation’s in prior appropriations Acts, $2,299,000 in unob- grant request for each specific train route: Pro- vided further, That each such grant request rail system into compliance with the Americans ligated balances are rescinded. with Disabilities Act: Provided further, That SEC. 143. Of the amounts made available shall be accompanied by a detailed financial grants shall be provided to the Corporation only under the heading ‘‘Highway Traffic Safety analysis, revenue projection, and capital ex- on a reimbursable basis: Provided further, That Grants (Liquidation of Contract Authorization) penditure projection justifying the Federal sup- the Secretary may retain up to one-half of 1 per- (Limitation on Obligations) (Highway Trust port to the Secretary’s satisfaction: Provided cent of the funds provided under this heading to Fund)’’ in prior appropriations Acts, $14,004,000 further, That not later than 60 days after enact- fund the costs of project management oversight in unobligated balances are rescinded. ment of this Act, the Corporation shall transmit to the Secretary, the Inspector General of the of capital projects funded by grants provided FEDERAL RAILROAD ADMINISTRATION Department of Transportation, and the House under this heading, as authorized by subsection SAFETY AND OPERATIONS and Senate Committees on Appropriations a 101(d) of division B of Public Law 110–432: Pro- For necessary expenses of the Federal Rail- plan to achieve savings through operating effi- vided further, That the Secretary shall approve road Administration, not otherwise provided for, ciencies including, but not limited to, modifica- funding for capital expenditures, including ad- $171,770,000, of which $12,300,000 shall remain tions to food and beverage service and first class vance purchase orders of materials, for the Cor- available until expended. service: Provided further, That the Inspector poration only after receiving and reviewing a request for each specific capital project justi- RAILROAD RESEARCH AND DEVELOPMENT General of the Department of Transportation shall provide semiannual reports to the House fying the Federal support to the Secretary’s sat- For necessary expenses for railroad research and Senate Committees on Appropriations on isfaction: Provided further, That none of the and development, $34,145,000, to remain avail- the estimated savings accrued as a result of all funds under this heading may be used to sub- able until expended. operational reforms instituted by the Corpora- sidize operating losses of the Corporation: Pro- RAILROAD REHABILITATION AND IMPROVEMENT tion: Provided further, That not later than 60 vided further, That none of the funds under this FINANCING PROGRAM days after enactment of this Act, the Corpora- heading may be used for capital projects not ap- The Secretary of Transportation is authorized tion shall transmit, in electronic format, to the proved by the Secretary of Transportation or on to issue to the Secretary of the Treasury notes Secretary, the Inspector General of Department the Corporation’s fiscal year 2010 business plan: or other obligations pursuant to section 512 of of Transportation, the House and Senate Com- Provided further, That, the business plan shall the Railroad Revitalization and Regulatory Re- mittees on Appropriations, the House Committee be accompanied by a comprehensive fleet plan form Act of 1976 (Public Law 94–210), as amend- on Transportation and Infrastructure and the for all Amtrak rolling stock which shall address ed, in such amounts and at such times as may Senate Committee on Commerce, Science, and the Corporation’s detailed plans and timeframes be necessary to pay any amounts required pur- Transportation the annual budget and business for the maintenance, refurbishment, replace- suant to the guarantee of the principal amount plan and the 5-year financial plan for fiscal ment and expansion of the Amtrak fleet: Pro- of obligations under sections 511 through 513 of year 2010 required under section 204 of the Pas- vided further, That said fleet plan shall estab- such Act, such authority to exist as long as any senger Rail Investment and Improvement Act of lish year-specific goals and milestones and dis- such guaranteed obligation is outstanding: Pro- 2008: Provided further, That the plan shall also cuss potential, current, and preferred financing vided, That pursuant to section 502 of such Act, include a separate accounting of ridership, reve- options for all such activities.

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CAPITAL ASSISTANCE FOR HIGH SPEED RAIL COR- SEC. 152. Hereafter, notwithstanding any and 5340 and section 3038 of Public Law 105–178, RIDORS AND INTERCITY PASSENGER RAIL SERV- other provision of law, funds provided in this as amended, $9,400,000,000 to be derived from the ICE Act for the National Railroad Passenger Cor- Mass Transit Account of the Highway Trust To enable the Secretary of Transportation to poration shall immediately cease to be available Fund and to remain available until expended: make grants for high-speed rail projects as au- to said Corporation in the event that the Cor- Provided, That funds available for the imple- thorized under section 26106 of title 49, United poration contracts to have services provided at mentation or execution of programs authorized States Code, capital investment grants to sup- or from any location outside the United States. under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, port intercity passenger rail service as author- For purposes of this section, the word ‘‘services’’ 5316, 5317, 5320, 5335, 5339, and 5340 and section ized under section 24406 of title 49, United States shall mean any service that was, as of July 1, 3038 of Public Law 105–178, as amended, shall Code, and congestion grants as authorized 2006, performed by a full-time or part-time Am- not exceed total obligations of $8,343,171,000 in under section 24105 of title 49, United States trak employee whose base of employment is lo- fiscal year 2010. Code, and to enter into cooperative agreements cated within the United States. RESEARCH AND UNIVERSITY RESEARCH CENTERS for these purposes as authorized, $1,200,000,000, SEC. 153. The Secretary of Transportation may For necessary expenses to carry out 49 U.S.C. to remain available until expended: Provided, receive and expend cash, or receive and utilize 5306, 5312–5315, 5322, and 5506, $67,670,000, to re- That none of the funds provided under this spare parts and similar items, from non-United main available until expended: Provided, That heading may be used for planning activities: States Government sources to repair damages to $10,000,000 is available to carry out the transit Provided further, That not less than 75 percent or replace United States Government owned cooperative research program under section 5313 of the funds provided under this heading shall automated track inspection cars and equipment of title 49, United States Code, $4,300,000 is be for cooperative agreements that lead to the as a result of third party liability for such dam- available for the National Transit Institute development of entire segments or phases of ages, and any amounts collected under this sec- under section 5315 of title 49, United States intercity or high-speed rail corridors: Provided tion shall be credited directly to the Safety and Code, and $7,000,000 is available for university further, That the Secretary shall issue interim Operations account of the Federal Railroad Ad- transportation centers program under section guidance to applicants covering application pro- ministration, and shall remain available until 5506 of title 49, United States Code: Provided cedures and administer the grants provided expended for the repair, operation and mainte- further, That $50,170,000 is available to carry under this heading pursuant to that guidance nance of automated track inspection cars and out national research programs under sections until final regulations are issued: Provided fur- equipment in connection with the automated 5312, 5313, 5314, and 5322 of title 49, United ther, That the Secretary shall not award grants track inspection program. States Code: Provided further, That of the funds under this heading sooner than 2 weeks after he SEC. 154. The Federal Railroad Administrator available to carry out section 5312 of title 49, has submitted to the Congress a national rail shall submit a quarterly report on April 1, 2009, United States Code, $5,000,000 shall be available plan as required by section 103(j) of title 49, and quarterly reports thereafter, to the House to the Secretary to develop standards for asset United States Code: Provided further, That the and Senate Committees on Appropriations de- management plans, provide technical assistance Federal share payable of the costs for which a tailing the Administrator’s efforts at improving to recipients engaged in the development or im- grant or cooperative agreements is made under the on-time performance of Amtrak intercity rail plementation of an asset management plan, im- this heading shall not exceed 80 percent: Pro- service operating on non-Amtrak owned prop- prove data collection through the National vided further, That in addition to the provisions erty. Such reports shall compare the most recent Transit Database, and conduct a pilot program of title 49, United States Code, that apply to actual on-time performance data to pre-estab- designed to identify the best practices of asset each of the individual programs funded under lished on-time performance goals that the Ad- management. ministrator shall set for each rail service, identi- this heading, subsections 24402(a)(2), 24402(f), CAPITAL INVESTMENT GRANTS 24402(i), and 24403(a) and (c) of title 49, United fied by route. Such reports shall also include whatever other information and data regarding For necessary expenses to carry out section States Code, shall also apply to the provision of 5309 of title 49, United States Code, funds provided under this heading: Provided the on-time performance of Amtrak trains the Administrator deems to be appropriate. The $2,307,343,000, to remain available until ex- further, That a project need not be in a State pended, of which no less than $200,000,000 is for rail plan developed under Chapter 227 of title 49, amounts made available in this title under the heading ‘‘Office of the Secretary, Salaries and section 5309(e) of such title: Provided, That United States Code, to be eligible for assistance $2,000,000 shall be transferred to the Department under this heading: Provided further, That the Expenses’’ shall be reduced $100,000 for each day after the first day of each quarter that the of Transportation Office of Inspector General Secretary shall give priority to applications from funds set aside for the execution of over- under section 24406 of title 49, United States quarterly reports required by this section are not submitted to the Congress. sight contracts pursuant to section 5327(c) of Code, to projects that improve the safety and re- title 49, United States Code, for costs associated SEC. 155. Notwithstanding any other provision liability of intercity passenger trains, involve a with audits and investigations of transit-related commitment by freight railroads to an enforce- of law, funds provided in Public Law 111–8 for ‘‘Lincoln Avenue Grade Separation, Port of Ta- issues, including reviews of new fixed guideway able on-time performance of passenger trains of systems. 80 percent or greater, involve a commitment by coma, Washington’’ shall be made available for this project as therein described. GRANTS FOR ENERGY EFFICIENCY AND freight railroads of financial resources commen- GREENHOUSE GAS REDUCTIONS surate with the benefit expected to their oper- FEDERAL TRANSIT ADMINISTRATION For grants to public transit agencies for cap- ations, improve or extend service on a route that ADMINISTRATIVE EXPENSES ital investments that will reduce the energy con- requires little or no Federal assistance for its op- (INCLUDING TRANSFER OF FUNDS) sumption or greenhouse gas emissions of their erations, or involve a commitment by States or public transportation systems, $100,000,000, to railroads of financial resources to improve the For necessary administrative expenses of the remain available through September 30, 2012: safety of highway/rail grade crossings over Federal Transit Administration’s programs au- Provided, That priority shall be given to projects which the passenger service operates: Provided thorized by chapter 53 of title 49, United States based on the total energy savings that are pro- further, That the Administrator of the Federal Code, $97,478,000: Provided, That of the funds jected to result from the investments, and the Railroad Administration may retain up to available under this heading, not to exceed projected energy savings as a percentage of the $50,000,000 of the funds provided under this $1,809,000 shall be available for travel: Provided total energy usage of the public transit agency: heading for the purposes of conducting re- further, That none of the funds provided or lim- Provided further, That the Secretary shall pub- search, development and demonstration of tech- ited in this Act may be used to create a perma- lic criteria on which to base the competition for nologies and undertaking analyses supporting nent office of transit security under this head- any grants awarded under this heading no development of high-speed rail in the United ing: Provided further, That $75,000 shall be paid sooner than 90 days after the enactment of this States, including implementation of the Rail Co- from appropriations made available by this Act Act, require applications for funding provided operative Research Program authorized by sec- and provided to the Department of Transpor- under this heading to be submitted no sooner tion 24910 of title 49, United States Code: Pro- tation’s Office of Inspector General through re- than 120 days after the publication of such cri- vided further, That in lieu of the provisions of imbursement to conduct the annual audits of fi- teria, and announce all projects selected to be the subsection 24403(b) of title 49, United States nancial statements in accordance with section funded from funds provided under this heading Code, the Administrator of the Federal Railroad 3521 of title 31, United States Code: Provided no sooner than September 15, 2010. Administration may retain up to $30,000,000 of further, That upon submission to the Congress the funds provided under this heading to fund of the fiscal year 2010 President’s budget, the GRANTS TO THE WASHINGTON METROPOLITAN the award and oversight by the Administrator of Secretary of Transportation shall transmit to AREA TRANSIT AUTHORITY grants and cooperative agreements for intercity Congress the annual report on new starts, in- For grants to the Washington Metropolitan and high speed rail. cluding proposed allocations of funds for fiscal Area Transit Authority as authorized under sec- year 2011. tion 601 of Public Law 110–432, $150,000,000, to ADMINISTRATIVE PROVISIONS—FEDERAL FORMULA AND BUS GRANTS remain available through September 30, 2012: RAILROAD ADMINISTRATION (LIQUIDATION OF CONTRACT AUTHORITY) Provided, That the Secretary shall approve SEC. 151. The Secretary may purchase pro- grants for capital and preventive maintenance (LIMITATION ON OBLIGATIONS) motional items of nominal value for use in pub- expenditures for the Washington Metropolitan lic outreach activities to accomplish the pur- (HIGHWAY TRUST FUND) Area Transit Authority only after receiving and poses of 49 U.S.C. 20134: Provided, That the Sec- For payment of obligations incurred in car- reviewing a request for each specific project: retary shall prescribe guidelines for the adminis- rying out the provisions of 49 U.S.C. 5305, 5307, Provided further, That prior to approving such tration of such purchases and use. 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, grants, the Secretary shall determine that the

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9240 CONGRESSIONAL RECORD — SENATE September 10, 2009 Washington Metropolitan Area Transit Author- tions a report outlining these recommendations $154,900,000, of which $11,240,000 shall remain ity has placed the highest priority on those in- and a plan for their implementation by the De- available until expended for maintenance and vestments that will improve the safety of the partment of Transportation no later than 45 repair of training ships at State Maritime system, including but not limited to fixing the days after enactment of this Act. Schools Academies, and of which $15,000,000 track signal system, replacing the 1000 series SEC. 168. Notwithstanding any other provision shall remain available until expended for cap- cars, installing guarded turnouts, buying equip- of law, the Secretary of Transportation shall ital improvements at the United States Mer- ment for wayside worker protection, and install- not reallocate any funding made available for chant Marine Academy, and of which ing rollback protection on cars that are not items 523, 267, and 131 of section 3044 of the $59,057,000 shall be available for operations at equipped with this safety feature. Safe, Accountable, Flexible, Efficient Transpor- the United States Merchant Marine Academy: tation Equity Act: A Legacy for Users (Public ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT Provided, That amounts apportioned for the Law 109–59). ADMINISTRATION United States Merchant Marine Academy shall SEC. 169. Notwithstanding any other provision be available only upon allotments made person- SEC. 160. The limitations on obligations for the of law, the limitation on the total estimated programs of the Federal Transit Administration ally by the Secretary of Transportation and not amount of future obligations of the Government a designee: Provided further, That the Super- shall not apply to any authority under 49 and contingent commitments to incur obliga- U.S.C. 5338, previously made available for obli- intendent, Deputy Superintendent and the Di- tions covered by all outstanding letters of in- rector of the Office of Resource Management of gation, or to any other authority previously tent, full funding grant agreements, and early made available for obligation. the United States Merchant Marine Academy systems work agreements under subsection may not be allotment holders for the United SEC. 161. Notwithstanding any other provision 5338(g) of title 49, United States Code, may not States Merchant Marine Academy, and the Ad- of law, funds appropriated or limited by this Act be more than the sum of the amount authorized under ‘‘Federal Transit Administration, Capital ministrator of Maritime Administration shall under sections 5338(a)(3) and 5338(c) of title 49, hold all allotments made by the Secretary of Investment Grants’’ and for bus and bus facili- United States Code, for such projects and an Transportation under the previous proviso: Pro- ties under ‘‘Federal Transit Administration, amount equivalent to the last 5 fiscal years of vided further, That 50 percent of the funding Formula and Bus Grants’’ for projects specified funding allocated under subsections made available for the United States Merchant in this Act or identified in reports accom- 5309(m)(1)(A) and 5309(m)(2)(A)(ii) of title 49, Marine Academy under this heading shall be panying this Act not obligated by September 30, United States Code, for such projects, less an available only after the Secretary, in consulta- 2012, and other recoveries, shall be directed to amount the Secretary of Transportation reason- tion with the Superintendent and the Maritime projects eligible to use the funds for the pur- ably estimates is necessary for grants under sec- Administration, completes a plan detailing by poses for which they were originally provided. tion 5309 of title 49, United States Code, for program or activity and by object class how SEC. 162. Notwithstanding any other provision those of such projects that are not covered by a such funding will be expended at the Academy, of law, any funds appropriated before October letter or agreement. 1, 2009, under any section of chapter 53 of title SEC. 170. None of the funds provided or limited and this plan is submitted to the House and 49, United States Code, that remain available under this Act may be used to enforce regula- Senate Committees on Appropriations. for expenditure, may be transferred to and ad- tions related to charter bus service under part SHIP DISPOSAL ministered under the most recent appropriation 604 of title 49, Code of Federal Regulations, in For necessary expenses related to the disposal heading for any such section. the State of Washington. of obsolete vessels in the National Defense Re- SEC. 171. Hereafter, for interstate multi-modal SEC. 163. Notwithstanding any other provision serve Fleet of the Maritime Administration, projects which are in Interstate highway cor- of law, unobligated funds made available for $15,000,000, to remain available until expended. new fixed guideway system projects under the ridors, the Secretary shall base the rating under heading ‘‘Federal Transit Administration, Cap- section 5309(d) of title 49, United States Code, of ASSISTANCE TO SMALL SHIPYARDS ital investment grants’’ in any appropriations the non-New Starts share of the public transpor- To make grants to qualified shipyards as au- Act prior to this Act may be used during this fis- tation element of the project on the percentage thorized under section 3508 of Public Law 110– cal year to satisfy expenses incurred for such of non-New Starts funds in the unified finance 417 or section 54101 of title 46, United States projects. plan for the multi-modal project: Provided, That Code, $17,500,000, to remain available until ex- SEC. 164. None of the funds provided or limited the Secretary shall base the accounting of local pended: Provided, That to be considered for as- under this Act may be used to issue a final regu- matching funds on the total amount of all local sistance, a qualified shipyard shall submit an lation under section 5309 of title 49, United funds incorporated in the unified finance plan application for assistance no later than 60 days States Code, except that the Federal Transit Ad- for the multi-modal project for the purposes of after enactment of this Act: Provided further, ministration may continue to review comments funding under chapter 53 of title 49, United That from applications submitted under the pre- received on the proposed rule (Docket No. FTA– States Code and title 23, United States Code: vious proviso, the Secretary of Transportation 2006–25737). Provided further, That the Secretary shall shall make grants no later than 120 days after evaluate the justification for the project under SEC. 165. Funds made available for Alaska or enactment of this Act in such amounts as the section 5309(d) of title 49, United States Code, Hawaii ferry boats or ferry terminal facilities Secretary determines: Provided further, That including cost effectiveness, on the public trans- pursuant to 49 U.S.C. 5309(m)(2)(B) may be used not to exceed 2 percent of the funds appro- portation costs and public transportation bene- to construct new vessels and facilities, or to im- priated under this heading shall be available for fits. prove existing vessels and facilities, including necessary costs of grant administration. both the passenger and vehicle-related elements SAINT LAWRENCE SEAWAY DEVELOPMENT MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM of such vessels and facilities, and for repair fa- CORPORATION ACCOUNT cilities: Provided, That not more than $4,000,000 The Saint Lawrence Seaway Development of the funds made available pursuant to 49 Corporation is hereby authorized to make such (INCLUDING TRANSFER OF FUNDS) U.S.C. 5309(m)(2)(B) may be used by the City expenditures, within the limits of funds and bor- For the cost of guaranteed loans, as author- and County of Honolulu to operate a passenger rowing authority available to the Corporation, ized, $14,000,000, of which $10,000,000 shall re- ferry boat service demonstration project to test and in accord with law, and to make such con- main available until expended: Provided, That the viability of different intra-island ferry boat tracts and commitments without regard to fiscal such costs, including the cost of modifying such routes and technologies. year limitations as provided by section 104 of the loans, shall be as defined in section 502 of the SEC. 166. Hereafter, the local share of the costs Government Corporation Control Act, as amend- Congressional Budget Act of 1974, as amended: of the Woodward Avenue Corridor projects ed, as may be necessary in carrying out the pro- Provided further, That not to exceed $4,000,000 funded under section 5309 shall include, at the grams set forth in the Corporation’s budget for shall be available for administrative expenses to option of the project sponsor, any portion of the the current fiscal year. carry out the guaranteed loan program, which corridor advanced with 100 percent non-Federal OPERATIONS AND MAINTENANCE shall be transferred to and merged with the ap- funds. (HARBOR MAINTENANCE TRUST FUND) propriation for ‘‘Operations and Training’’, SEC. 167. The Secretary of Transportation For necessary expenses for operations, mainte- Maritime Administration. shall provide recommendations to Congress, in- nance, and capital asset renewal of those por- cluding legislative proposals, on how to ADMINISTRATIVE PROVISIONS—MARITIME tions of the Saint Lawrence Seaway owned, op- ADMINISTRATION strengthen its role in regulating the safety of erated, and maintained by the Saint Lawrence transit agencies operating heavy rail on fixed Seaway Development Corporation, $32,324,000, SEC. 175. Notwithstanding any other provision guideway: Provided, That the Secretary shall to be derived from the Harbor Maintenance of this Act, the Maritime Administration is au- include actions the Department of Transpor- Trust Fund, pursuant to Public Law 99–662. thorized to furnish utilities and services and tation will take and what additional legislative make necessary repairs in connection with any MARITIME ADMINISTRATION authorities it may need in order to fully imple- lease, contract, or occupancy involving Govern- MARITIME SECURITY PROGRAM ment recommendations of the National Trans- ment property under control of the Maritime portation Safety Board directed at the Federal For necessary expenses to maintain and pre- Administration, and payments received therefor Transit Administration, including but not lim- serve a U.S.-flag merchant fleet to serve the na- shall be credited to the appropriation charged ited to recommendations related to crash- tional security needs of the United States, with the cost thereof: Provided, That rental worthiness, emergency access and egress, event $174,000,000, to remain available until expended. payments under any such lease, contract, or oc- recorders, and hours of service: Provided fur- OPERATIONS AND TRAINING cupancy for items other than such utilities, ther, That the Secretary shall transmit to the For necessary expenses of operations and services, or repairs shall be covered into the House and Senate Committees on Appropria- training activities authorized by law, Treasury as miscellaneous receipts.

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SEC. 176. Section 51314 of title 46, United That there may be credited to this appropria- lic authorities, and private sources for expenses States Code, is amended in subsection (b) by in- tion, to be available until expended, funds re- incurred for training may be credited respec- serting at the end ‘‘Such fees shall be credited to ceived from States, counties, municipalities, tively to the Federal Highway Administration’s the Maritime Administration’s Operations and other public authorities, and private sources for ‘‘Federal-Aid Highways’’ account, the Federal Training appropriation, to remain available expenses incurred for training. Transit Administration’s ‘‘Research and Univer- until expended, for those expenses directly re- OFFICE OF INSPECTOR GENERAL sity Research Centers’’ account, and to the Fed- lated to the purposes of the fees. Fees collected SALARIES AND EXPENSES eral Railroad Administration’s ‘‘Safety and Op- in excess of actual expenses may be refunded to erations’’ account, except for State rail safety For necessary expenses of the Office of In- the Midshipmen through a mechanism approved inspectors participating in training pursuant to spector General to carry out the provisions of by the Secretary. The Academy shall maintain a 49 U.S.C. 20105. the Inspector General Act of 1978, as amended, separate and detailed accounting of fee revenue SEC. 186. Funds provided or limited in this Act $75,389,000: Provided, That the Inspector Gen- and all associated expenses.’’ under the appropriate accounts within the Fed- eral shall have all necessary authority, in car- eral Highway Administration, the Federal Rail- PIPELINE AND HAZARDOUS MATERIALS SAFETY rying out the duties specified in the Inspector ADMINISTRATION road Administration and the Federal Transit General Act, as amended (5 U.S.C. App. 3), to Administration shall be for the eligible pro- ADMINISTRATIVE EXPENSES investigate allegations of fraud, including false grams, projects and activities in the cor- (PIPELINE SAFETY FUND) statements to the government (18 U.S.C. 1001), responding amounts identified in the committee by any person or entity that is subject to regula- (INCLUDING TRANSFER OF FUNDS) report accompanying this Act for ‘‘Ferry Boats tion by the Department: Provided further, That For necessary administrative expenses of the and Ferry Terminal Facilities’’, ‘‘Federal the funds made available under this heading Lands’’, ‘‘Interstate Maintenance Discre- Pipeline and Hazardous Materials Safety Ad- shall be used to investigate, pursuant to section ministration, $19,968,000, of which $639,000 shall tionary’’, ‘‘Transportation, Community and 41712 of title 49, United States Code: (1) unfair System Preservation Program’’, ‘‘Delta Region be derived from the Pipeline Safety Fund: Pro- or deceptive practices and unfair methods of vided, That $1,000,000 shall be transferred to Transportation Development Program’’, ‘‘Rail competition by domestic and foreign air carriers Line Relocation and Improvement Program’’, ‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline and ticket agents; and (2) the compliance of do- safety information grants to communities’’ as ‘‘Rail-highway crossing hazard eliminations’’, mestic and foreign air carriers with respect to ‘‘Capital Investment Grants’’, ‘‘Alternatives authorized in section 60130 of title 49, United item (1) of this proviso. States Code. analysis’’, and ‘‘Bus and bus facilities’’. SURFACE TRANSPORTATION BOARD SEC. 187. Notwithstanding any other provi- HAZARDOUS MATERIALS SAFETY SALARIES AND EXPENSES sions of law, rule or regulation, the Secretary of For expenses necessary to discharge the haz- For necessary expenses of the Surface Trans- Transportation is authorized to allow the issuer ardous materials safety functions of the Pipeline portation Board, including services authorized of any preferred stock heretofore sold to the De- and Hazardous Materials Safety Administra- by 5 U.S.C. 3109, $28,332,000: Provided, That partment to redeem or repurchase such stock tion, $35,500,000, of which $1,699,000 shall re- notwithstanding any other provision of law, not upon the payment to the Department of an main available until September 30, 2012: Pro- to exceed $1,250,000 from fees established by the amount determined by the Secretary. SEC. 188. None of the funds in this Act to the vided, That up to $800,000 in fees collected Chairman of the Surface Transportation Board Department of Transportation may be used to under 49 U.S.C. 5108(g) shall be deposited in the shall be credited to this appropriation as offset- make a grant unless the Secretary of Transpor- general fund of the Treasury as offsetting re- ting collections and used for necessary and au- tation notifies the House and Senate Committees ceipts: Provided further, That there may be thorized expenses under this heading: Provided on Appropriations not less than 3 full business credited to this appropriation, to be available further, That the sum herein appropriated from days before any discretionary grant award, let- until expended, funds received from States, the general fund shall be reduced on a dollar- ter of intent, or full funding grant agreement to- counties, municipalities, other public authori- for-dollar basis as such offsetting collections are taling $1,000,000 or more is announced by the ties, and private sources for expenses incurred received during fiscal year 2010, to result in a department or its modal administrations from: for training, for reports publication and dissemi- final appropriation from the general fund esti- (1) any discretionary grant program of the Fed- nation, and for travel expenses incurred in per- mated at no more than $27,082,000. formance of hazardous materials exemptions eral Highway Administration including the and approvals functions. GENERAL PROVISIONS—DEPARTMENT OF emergency relief program; (2) the airport im- TRANSPORTATION PIPELINE SAFETY provement program of the Federal Aviation Ad- SEC. 180. During the current fiscal year appli- ministration; (3) any grant from the Federal (PIPELINE SAFETY FUND) cable appropriations to the Department of Railroad Administration; or (4) any program of (OIL SPILL LIABILITY TRUST FUND) Transportation shall be available for mainte- the Federal Transit Administration other than For expenses necessary to conduct the func- nance and operation of aircraft; hire of pas- the formula grants and fixed guideway mod- tions of the pipeline safety program, for grants- senger motor vehicles and aircraft; purchase of ernization programs: Provided, That the Sec- in-aid to carry out a pipeline safety program, as liability insurance for motor vehicles operating retary gives concurrent notification to the authorized by 49 U.S.C. 60107, and to discharge in foreign countries on official department busi- House and Senate Committees on Appropria- the pipeline program responsibilities of the Oil ness; and uniforms or allowances therefor, as tions for any ‘‘quick release’’ of funds from the Pollution Act of 1990, $105,239,000, of which authorized by law (5 U.S.C. 5901–5902). emergency relief program: Provided further, $18,905,000 shall be derived from the Oil Spill Li- SEC. 181. Appropriations contained in this Act That no notification shall involve funds that ability Trust Fund and shall remain available for the Department of Transportation shall be are not available for obligation. until September 30, 2012; and of which available for services as authorized by 5 U.S.C. SEC. 189. Rebates, refunds, incentive pay- $86,334,000 shall be derived from the Pipeline 3109, but at rates for individuals not to exceed ments, minor fees and other funds received by Safety Fund, of which $47,332,000 shall remain the per diem rate equivalent to the rate for an the Department of Transportation from travel available until September 30, 2012: Provided, Executive Level IV. management centers, charge card programs, the That not less than $1,043,000 of the funds pro- SEC. 182. None of the funds in this Act shall subleasing of building space, and miscellaneous vided under this heading shall be for the one- be available for salaries and expenses of more sources are to be credited to appropriations of call State grant program. than 110 political and Presidential appointees in the Department of Transportation and allocated the Department of Transportation: Provided, to elements of the Department of Transportation EMERGENCY PREPAREDNESS GRANTS That none of the personnel covered by this pro- using fair and equitable criteria and such funds (EMERGENCY PREPAREDNESS FUND) vision may be assigned on temporary detail out- shall be available until expended. For necessary expenses to carry out 49 U.S.C. side the Department of Transportation. SEC. 190. Amounts made available in this or 5128(b), $188,000, to be derived from the Emer- SEC. 183. None of the funds in this Act shall any other Act that the Secretary determines rep- gency Preparedness Fund, to remain available be used to implement section 404 of title 23, resent improper payments by the Department of until September 30, 2011: Provided, That not United States Code. Transportation to a third-party contractor more than $28,318,000 shall be made available SEC. 184. (a) No recipient of funds made avail- under a financial assistance award, which are for obligation in fiscal year 2010 from amounts able in this Act shall disseminate personal infor- recovered pursuant to law, shall be available— made available by 49 U.S.C. 5116(I) and 5128(b)– mation (as defined in 18 U.S.C. 2725(3)) obtained (1) to reimburse the actual expenses incurred (c): Provided further, That none of the funds by a State department of motor vehicles in con- by the Department of Transportation in recov- made available by 49 U.S.C. 5116(I), 5128(b), or nection with a motor vehicle record as defined ering improper payments; and 5128(c) shall be made available for obligation by in 18 U.S.C. 2725(1), except as provided in 18 (2) to pay contractors for services provided in individuals other than the Secretary of Trans- U.S.C. 2721 for a use permitted under 18 U.S.C. recovering improper payments or contractor sup- portation, or his or her designee. 2721. port in the implementation of the Improper Pay- (b) Notwithstanding subsection (a), the Sec- ments Information Act of 2002: Provided, That RESEARCH AND INNOVATIVE TECHNOLOGY retary shall not withhold funds provided in this amounts in excess of that required for para- ADMINISTRATION Act for any grantee if a State is in noncompli- graphs (1) and (2)— RESEARCH AND DEVELOPMENT ance with this provision. (A) shall be credited to and merged with the For necessary expenses of the Research and SEC. 185. Funds received by the Federal High- appropriation from which the improper pay- Innovative Technology Administration, way Administration, Federal Transit Adminis- ments were made, and shall be available for the $13,179,000, of which $6,036,000 shall remain tration, and Federal Railroad Administration purposes and period for which such appropria- available until September 30, 2012: Provided, from States, counties, municipalities, other pub- tions are available; or

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9242 CONGRESSIONAL RECORD — SENATE September 10, 2009 (B) if no such appropriation remains avail- air quality and carbon emissions) and water propriated for any office funded under this able, shall be deposited in the Treasury as mis- users (including the number and distribution of heading to any other office funded under this cellaneous receipts: Provided further, That prior people, households, municipalities, and business heading following the written notification to the to the transfer of any such recovery to an ap- throughout the Missouri and Mississippi River House and Senate Committees on Appropria- propriations account, the Secretary shall notify basins who use river water for multiple pur- tions: Provided further, That no appropriation to the House and Senate Committees on Appro- poses): Provided further, That in addition to for any office shall be increased or decreased by priations of the amount and reasons for such understanding current value, the Department is more than 5 percent by all such transfers: Pro- transfer: Provided further, That for purposes of directed to work with appropriate Federal part- vided further, That notice of any change in this section, the term ‘‘improper payments’’, has ners to develop recommendations on how to min- funding greater than 5 percent shall be sub- the same meaning as that provided in section imize impediments to growth and maximize mitted for prior approval to the House and Sen- 2(d)(2) of Public Law 107–300. water value of benefits related to energy produc- ate Committees on Appropriations: Provided fur- SEC. 191. Notwithstanding any other provision tion and efficiency, congestion relief, trade and ther, That the Secretary shall provide the Com- of law, if any funds provided in or limited by transport efficiency, and air quality: Provided mittees on Appropriations quarterly written no- this Act are subject to a reprogramming action further, That the Department of Transportation tification regarding the status of pending con- that requires notice to be provided to the House shall provide its analysis and recommendations gressional reports: Provided further, That the and Senate Committees on Appropriations, said to the U.S. Army Corps of Engineers, the White Secretary shall provide all signed reports re- reprogramming action shall be approved or de- House, and the Congress: Provided further, quired by Congress electronically: Provided fur- nied solely by the Committees on Appropria- That $2,000,000 is available until expended for ther, That not to exceed $25,000 of the amount tions: Provided, That the Secretary may provide such purposes. made available under this paragraph for the im- notice to other congressional committees of the SEC. 196. Notwithstanding any other provision mediate Office of the Secretary shall be avail- action of the Committees on Appropriations on of law, funds made available under section 330 able for official reception and representation ex- such reprogramming but not sooner than 30 of the Fiscal Year 2002 Department of Transpor- penses as the Secretary may determine. days following the date on which the re- tation and Related Agencies Appropriations Act programming action has been approved or de- (Public Law 107–87) for the Las Vegas, Nevada ADMINISTRATION, OPERATIONS AND MANAGEMENT nied by the House and Senate Committees on Monorail Project, funds made available under For necessary salaries and expenses for ad- Appropriations. section 115 of the Fiscal Year 2004 Transpor- SEC. 192. None of the funds appropriated or tation, Treasury and Independent Agencies Ap- ministration, operations and management for otherwise made available under this Act may be propriations Act (Public Law 108–199) for the the Department of Housing and Urban Develop- used by the Surface Transportation Board of North Las Vegas Intermodal Transit Hub, and ment, $537,897,000, of which not to exceed the Department of Transportation to charge or funds made available for the CATRAIL RTC $76,958,000 shall be available for the personnel collect any filing fee for rate complaints filed Rail Project, Nevada in the Fiscal Year 2005 compensation and benefits of the Office of Ad- with the Board in an amount in excess of the Transportation, Treasury, Independent Agen- ministration; not to exceed $11,277,000 shall be amount authorized for district court civil suit cies and General Government Appropriations available for the personnel compensation and filing fees under section 1914 of title 28, United Act (Public Law 108–447), as well as any unex- benefits of the Office of Departmental Oper- States Code. pended funds in the Federal Transit Adminis- ations and Coordination; not to exceed SEC. 193. Notwithstanding section 3324 of Title tration grant numbers NV–03–0024 and NV–03– $51,275,000 shall be available for the personnel 31, United States Code, in addition to authority 0027, shall be made available until expended to compensation and benefits of the Office of Field provided by section 327 of title 49, United States the Regional Transportation Commission of Policy and Management; not to exceed Code, the Department’s Working Capital fund is Southern Nevada for bus and bus-related $14,649,000 shall be available for the personnel hereby authorized to provide payments in ad- projects and bus rapid transit projects: Pro- compensation and benefits of the Office of the vance to vendors that are necessary to carry out vided, That the funds made available for a Chief Procurement Officer; not to exceed the Federal transit pass transportation fringe project in accordance with this section shall be $35,197,000 shall be available for the personnel benefit program under Executive Order 13150 administered under the terms and conditions set compensation and benefits of the remaining and section 3049 of Public Law 109–59: Provided, forth in 49 U.S.C. 5307, to the extent applicable. staff in the Office of the Chief Financial Offi- that the Department shall include adequate This title may be cited as the ‘‘Department of cer; not to exceed $89,062,000 shall be available safeguards in the contract with the vendors to Transportation Appropriations Act, 2010’’. for the personnel compensation and benefits of ensure timely and high quality performance TITLE II the remaining staff in the Office of the General under the contract. Counsel; not to exceed $3,296,000 shall be avail- SEC. 194. (a) IN GENERAL.—Section 127(a)(11) DEPARTMENT OF HOUSING AND URBAN able for the personnel compensation and bene- of title 23, United States Code, is amended by DEVELOPMENT fits of the Office of Departmental Equal Em- striking ‘‘that portion of the Maine Turnpike MANAGEMENT AND ADMINISTRATION ployment Opportunity; not to exceed $1,393,000 designated Route 95 and 495, and that portion EXECUTIVE DIRECTION shall be available for the personnel compensa- of Interstate Route 95 from the southern ter- For necessary salaries and expenses for Exec- tion and benefits for the Center for Faith-Based minus of the Maine Turnpike to the New Hamp- and Community Initiatives; not to exceed shire State line, laws (including regulations)’’ utive Direction, $25,969,000, of which not to ex- ceed $4,619,000 shall be available for the imme- $2,400,000 shall be available for the personnel and inserting ‘‘all portions of the Interstate compensation and benefits for the Office of Sus- Highway System in the State, laws (including diate Office of the Secretary and Deputy Sec- retary; not to exceed $1,703,000 shall be avail- tainability; not to exceed $2,520,000 shall be regulations)’’. available for the personnnel compensation and (b) PERIOD OF EFFECTIVENESS.—The amend- able for the Office of Hearings and Appeals; not benefits for the Office of Strategic Planning and ment made by subsection (a) shall be in effect to exceed $778,000 shall be available for the Of- Management; and not to exceed $249,870,000 during the 1-year period beginning on the date fice of Small and Disadvantaged Business Utili- shall be available for non-personnel expenses of of enactment of this Act. zation; not to exceed $727,000 shall be available (c) REVERSION.—Effective as of the date that for the immediate Office of the Chief Financial the Department of Housing and Urban Develop- is 366 days after the date of enactment of this Officer; not to exceed $1,474,000 shall be avail- ment: Provided, That, funds provided under this Act, section 127(a)(11) of title 23, United States able for the immediate Office of the General heading may be used for necessary administra- Code, is amended by striking ‘‘all portions of the Counsel; not to exceed $2,912,000 shall be avail- tive and non-administrative expenses of the De- Interstate Highway System in the State, laws able to the Office of the Assistant Secretary for partment of Housing and Urban Development, (including regulations)’’ and inserting ‘‘that Congressional and Intergovernmental Relations; not otherwise provided for, including purchase portion of the Maine Turnpike designated Route not to exceed $3,110,000 shall be available for the of uniforms, or allowances therefor, as author- 95 and 495, and that portion of Interstate Route Office of the Assistant Secretary for Public Af- ized by 5 U.S.C. 5901–5902; hire of passenger 95 from the southern terminus of the Maine fairs; not to exceed $1,218,000 shall be available motor vehicles; services as authorized by 5 Turnpike to the New Hampshire State line, laws for the Office of the Assistant Secretary for Ad- U.S.C. 3109: Provided further, That notwith- (including regulations)’’. ministration; not to exceed $2,125,000 shall be standing any other provision of law, funds ap- SEC. 195. The Secretary shall initiate an inde- available to the Office of the Assistant Secretary propriated under this heading may be used for pendent and comprehensive study and analysis for Public and Indian Housing; not to exceed advertising and promotional activities that sup- to supplement that authorized under section $1,781,000 shall be available to the Office of the port the housing mission area: Provided further, 108, division C, of Public Law 111–8: Provided, Assistant Secretary for Community Planning That the Secretary of Housing and Urban De- That the Department of Transportation shall and Development; not to exceed $3,497,000 shall velopment is authorized to transfer funds appro- work with and coordinate with the Departments be available to the Office of the Assistant Sec- priated for any office included in Administra- of Energy, Commerce and Agriculture to develop retary for Housing, Federal Housing Commis- tion, Operations and Management to any other a comprehensive understanding of the full value sioner; not to exceed $1,097,000 shall be available office included in Administration, Operations of river flow support to users in the Mississippi to the Office of the Assistant Secretary for Pol- and Management only after such transfer has and Missouri Rivers: Provided further, That icy Development and Research; and not to ex- been submitted to, and received prior written subjects of analysis shall include energy (in- ceed $928,000 shall be available to the Office of approval by, the House and Senate Committees cluding hydropower and generation cooling), the Assistant Secretary for Fair Housing and on Appropriations: Provided further, That no and water transport (including water-compelled Equal Opportunity: Provided, That the Sec- appropriation for any office shall be increased rates, projected total transportation congestion retary of the Department of Housing and Urban or decreased by more than 10 percent by all such considerations, transportation energy efficiency, Development is authorized to transfer funds ap- transfers.

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PERSONNEL COMPENSATION AND BENEFITS within the amount specified under this para- the amounts made available under this para- PUBLIC AND INDIAN HOUSING graph (except as otherwise modified under this graph are insufficient to pay the amounts deter- Act), pro rate each public housing agency’s allo- mined under the previous proviso, the Secretary For necessary personnel compensation and cation otherwise established pursuant to this may decrease the amounts allocated to agencies benefits expenses of the Office of Public and In- paragraph: Provided further, That except as by a uniform percentage applicable to all agen- dian Housing, $197,074,000. provided in the last two provisos, the entire cies receiving funding under this paragraph or COMMUNITY PLANNING AND DEVELOPMENT amount specified under this paragraph (except may, to the extent necessary to provide full pay- For necessary personnel compensation and as otherwise modified under this Act) shall be ment of amounts determined under the previous benefits expenses of the Office of Community obligated to the public housing agencies based proviso, utilize unobligated balances, including Planning and Development mission area, on the allocation and pro rata method described recaptures and carryovers, remaining from $98,989,000. above, and the Secretary shall notify public funds appropriated to the Department of Hous- HOUSING housing agencies of their annual budget not ing and Urban Development under this heading, later than 60 days after enactment of this Act: For necessary personnel compensation and for fiscal year 2009 and prior fiscal years, not- Provided further, That the Secretary may ex- benefits expenses of the Office of Housing, withstanding the purposes for which such tend the 60-day notification period with the $374,887,000. amounts were appropriated: Provided further, prior written approval of the House and Senate That amounts provided under this paragraph OFFICE OF THE GOVERNMENT NATIONAL Committees on Appropriations: Provided fur- shall be only for activities related to the provi- MORTGAGE ASSOCIATION ther, That public housing agencies participating sion of tenant-based rental assistance author- For necessary personnel compensation and in the Moving to Work demonstration shall be ized under section 8, including related develop- benefits expenses of the Office of the Govern- funded pursuant to their Moving to Work agree- ment activities; ment National Mortgage Association, ments and shall be subject to the same pro rata (4) $50,000,000 shall be available for family $11,095,000, to be derived from the GNMA guar- adjustments under the previous provisos: Pro- self-sufficiency coordinators under section 23 of antees of mortgage backed securities guaranteed vided further, That up to $150,000,000 shall be the Act; loan receipt account. available only: (1) to adjust the allocations for (5) $20,000,000 for incremental voucher assist- POLICY DEVELOPMENT AND RESEARCH public housing agencies, after application for an ance through the Family Unification Program: adjustment by a public housing agency that ex- For necessary personnel compensation and Provided, That the assistance made available perienced a significant increase, as determined under this paragraph shall continue to remain benefits expenses of the Office of Policy Devel- by the Secretary, in renewal costs of tenant- opment and Research, $21,138,000. available for family unification upon turnover: based rental assistance resulting from unfore- Provided further, That the Secretary of Housing FAIR HOUSING AND EQUAL OPPORTUNITY seen circumstances or from portability under and Urban Development shall make such fund- For necessary personnel compensation and section 8(r) of the Act; (2) for adjustments for ing available, notwithstanding section 204 (com- benefits expenses of the Office of Fair Housing public housing agencies with voucher leasing petition provision) of this title, to entities with and Equal Opportunity, $71,800,000. rates at the end of the calendar year that exceed demonstrated experience and resources for sup- OFFICE OF HEALTHY HOMES AND LEAD HAZARD the average leasing for the 12-month period used portive services; CONTROL to establish the allocation; (3) for adjustments (6) $75,000,000 for incremental rental voucher for the costs associated with VASH vouchers; or PERSONNEL COMPENSATION AND BENEFITS assistance for use through a supported housing (4) for vouchers that were not in use during the program administered in conjunction with the For necessary personnel compensation and 12-month period in order to be available to meet Department of Veterans Affairs as authorized benefits expenses of the Office of Healthy Homes a commitment pursuant to section 8(o)(13) of the under section 8(o)(19) of the United States Hous- and Lead Hazard Control, $7,151,000. Act; ing Act of 1937: Provided, That the Secretary of (2) $103,000,000 shall be for section 8 rental as- PUBLIC AND INDIAN HOUSING Housing and Urban Development shall make sistance for relocation and replacement of hous- TENANT-BASED RENTAL ASSISTANCE such funding available, notwithstanding section ing units that are demolished or disposed of pur- 204 (competition provision) of this title, to public (INCLUDING TRANSFER OF FUNDS) suant to the Omnibus Consolidated Rescissions housing agencies that partner with eligible VA For activities and assistance for the provision and Appropriations Act of 1996 (Public Law 104– Medical Centers or other entities as designated of tenant-based rental assistance authorized 134), conversion of section 23 projects to assist- by the Secretary of the Department of Veterans under the United States Housing Act of 1937, as ance under section 8, the family unification pro- Affairs, based on geographical need for such as- amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ gram under section 8(x) of the Act, relocation of sistance as identified by the Secretary of the De- herein), not otherwise provided for, witnesses in connection with efforts to combat partment of Veterans Affairs, public housing $14,137,200,000, to remain available until ex- crime in public and assisted housing pursuant agency administrative performance, and other pended, shall be available on October 1, 2009 (in to a request from a law enforcement or prosecu- factors as specified by the Secretary of Housing addition to the $4,000,000,000 previously appro- tion agency, enhanced vouchers under any pro- and Urban Development in consultation with priated under this heading that will become vision of law authorizing such assistance under the Secretary of the Department of Veterans Af- available on October 1, 2009), and $4,000,000,000, section 8(t) of the Act, HOPE VI vouchers, man- fairs: Provided further, That the Secretary of to remain available until expended, shall be datory and voluntary conversions, and tenant Housing and Urban Development may waive, or available on October 1, 2010: Provided, That of protection assistance including replacement and specify alternative requirements for (in con- the amounts made available under this heading relocation assistance or for project based assist- sultation with the Secretary of the Department are provided as follows: ance to prevent the displacement of unassisted of Veterans Affairs), any provision of any stat- (1) $16,339,200,000 shall be available for renew- elderly tenants currently residing in section 202 ute or regulation that the Secretary of Housing als of expiring section 8 tenant-based annual properties financed between 1959 and 1974 that and Urban Development administers in connec- contributions contracts (including renewals of are refinanced pursuant to Public Law 106–569, tion with the use of funds made available under enhanced vouchers under any provision of law as amended, or under the authority as provided this paragraph (except for requirements related authorizing such assistance under section 8(t) of under this Act: Provided, That the Secretary to fair housing, nondiscrimination, labor stand- the Act) and including renewal of other special shall may provide replacement vouchers for all ards, and the environment), upon a finding by purpose vouchers initially funded in fiscal year units that were occupied within the previous 24 the Secretary that any such waivers or alter- 2008 and 2009 (such as Family Unification, Vet- months that cease to be available as assisted native requirements are necessary for the effec- erans Affairs Supportive Housing Vouchers and housing, subject only to the availability of tive delivery and administration of such voucher Non-elderly Disabled Vouchers): Provided, That funds; notwithstanding any other provision of law, (3) $1,550,000,000 shall be for administrative assistance: Provided further, That assistance from amounts provided under this paragraph and other expenses of public housing agencies made available under this paragraph shall con- and any carryover, the Secretary for the cal- in administering the section 8 tenant-based rent- tinue to remain available for homeless veterans endar year 2010 funding cycle shall provide re- al assistance program, of which up to $50,000,000 upon turn-over; and newal funding for each public housing agency shall be available to the Secretary to allocate to (7) up to $50,000,000 provided under this head- based on voucher management system (VMS) public housing agencies that need additional ing maybe transferred to and merged with the leasing and cost data for the most recent Fed- funds to administer their section 8 programs, in- appropriation for ‘‘Transformation Initiative’’. eral fiscal year and by applying the most recent cluding fees associated with section 8 tenant HOUSING CERTIFICATE FUND Annual Adjustment Factor as established by the protection rental assistance, the administration Unobligated balances, including recaptures Secretary, and by making any necessary adjust- of disaster related vouchers, Veterans Affairs and carryover, remaining from funds appro- ments for the costs associated with deposits to Supportive Housing vouchers, and other incre- priated to the Department of Housing and family self-sufficiency program escrow accounts mental vouchers: Provided, That no less than Urban Development under this heading, the or first-time renewals including tenant protec- $1,500,000,000 of the amount provided in this heading ‘‘Annual Contributions for Assisted tion or HOPE VI vouchers: Provided further, paragraph shall be allocated to public housing Housing’’ and the heading ‘‘Project-Based That none of the funds provided under this agencies for the calendar year 2010 funding Rental Assistance’’, for fiscal year 2010 and paragraph may be used to fund a total number cycle based on section 8(q) of the Act (and re- prior years may be used for renewal of or of unit months under lease which exceeds a pub- lated Appropriation Act provisions) as in effect amendments to section 8 project-based contracts lic housing agency’s authorized level of units immediately before the enactment of the Quality and for performance-based contract administra- under contract: Provided further, That the Sec- Housing and Work Responsibility Act of 1998 tors, notwithstanding the purposes for which retary shall, to the extent necessary to stay (Public Law 105–276): Provided further, That if such funds were appropriated: Provided, That

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9244 CONGRESSIONAL RECORD — SENATE September 10, 2009 any obligated balances of contract authority transferred to and merged with the appropria- oversight, and management of such Indian from fiscal year 1974 and prior that have been tion for ‘‘Transformation Initiative’’. housing and tenant-based assistance, including terminated shall be permanently cancelled. CHOICE NEIGHBORHOODS up to $300,000 for related travel: Provided fur- PUBLIC HOUSING CAPITAL FUND For competitive grants under the Choice ther, That of the amount provided under this heading, $2,000,000 shall be made available for For the Public Housing Capital Fund Program Neighborhoods Initiative for transformation, re- habilitation and replacement housing needs of the cost of guaranteed notes and other obliga- to carry out capital and management activities tions, as authorized by title VI of NAHASDA: for public housing agencies, as authorized both public and HUD-assisted housing and to transform neighborhoods of poverty into func- Provided further, That such costs, including the under section 9 of the United States Housing costs of modifying such notes and other obliga- Act of 1937 (42 U.S.C. 1437g) (the ‘‘Act’’) tioning, sustainable mixed income neighbor- hoods with appropriate services, public assets, tions, shall be as defined in section 502 of the $2,500,000,000, to remain available until Sep- Congressional Budget Act of 1974, as amended: tember 30, 2013: Provided, That notwithstanding transportation and access to jobs, and schools, including public schools, community schools, Provided further, That these funds are available any other provision of law or regulation, during and charter schools, $250,000,000, to remain to subsidize the total principal amount of any fiscal year 2010 the Secretary of Housing and available until September 30, 2013: Provided, notes and other obligations, any part of which Urban Development may not delegate to any That grant funds may be used for resident and is to be guaranteed, not to exceed $18,000,000. Department official other than the Deputy Sec- community services, community development NATIVE HAWAIIAN HOUSING BLOCK GRANT retary and the Assistant Secretary for Public and affordable housing needs in the community, For the Native Hawaiian Housing Block and Indian Housing any authority under para- and for conversion of vacant or foreclosed prop- Grant program, as authorized under title VIII of graph (2) of section 9(j) regarding the extension erties to affordable housing: Provided further, the Native American Housing Assistance and of the time periods under such section: Provided That grantees shall undertake comprehensive Self-Determination Act of 1996 (25 U.S.C. 4111 et further, That for purposes of such section 9(j), local planning with input from residents and seq.), $13,000,000, to remain available until ex- the term ‘‘obligate’’ means, with respect to the community, and that grantees shall provide pended: Provided, That of this amount, $300,000 amounts, that the amounts are subject to a a match in State, local, other Federal or private shall be for training and technical assistance binding agreement that will result in outlays, funds: Provided further, That grantees may in- activities, including up to $100,000 for related immediately or in the future: Provided further, clude local governments, public housing au- travel by Hawaii-based HUD employees. That up to $15,345,000 shall be to support the thorities, and nonprofits: Provided further, INDIAN HOUSING LOAN GUARANTEE FUND ongoing Public Housing Financial and Physical That for-profit developers may apply jointly PROGRAM ACCOUNT Assessment activities of the Real Estate Assess- with a public entity: Provided further, That of For the cost of guaranteed loans, as author- ment Center (REAC): Provided further, That no the amounts provided, not less than $165,000,000 funds may be used under this heading for the ized by section 184 of the Housing and Commu- shall be awarded to public housing authorities: nity Development Act of 1992 (12 U.S.C. 1715z), purposes specified in section 9(k) of the Act: Provided further, That such grantees shall cre- Provided further, That of the total amount pro- $7,000,000, to remain available until expended: ate partnerships with other local organizations Provided, That such costs, including the costs of vided under this heading, not to exceed including assisted housing owners, service agen- $20,000,000 shall be available for the Secretary to modifying such loans, shall be as defined in sec- cies and resident organizations: Provided fur- tion 502 of the Congressional Budget Act of 1974: make grants, notwithstanding section 204 of this ther, That the Secretary shall consult with the Act, to public housing agencies for emergency Provided further, That these funds are available Secretaries of Education, Labor, Transpor- to subsidize total loan principal, any part of capital needs including safety and security tation, Health and Human Services, Agri- measures necessary to address crime and drug- which is to be guaranteed, up to $919,000,000: culture, and Commerce and the Administrator of Provided further, That up to $750,000 shall be related activity as well as needs resulting from the Environmental Protection Agency to coordi- for administrative contract expenses including unforeseen or unpreventable emergencies and nate and leverage other appropriate Federal re- management processes and systems to carry out natural disasters excluding Presidentially de- sources: Provided further, That within 60 days the loan guarantee program. clared emergencies and natural disasters under of the enactment of this Act, HUD shall submit the Robert T. Stafford Disaster Relief and Emer- NATIVE HAWAIIAN HOUSING LOAN GUARANTEE a plan to the House and Senate Committees on FUND PROGRAM ACCOUNT gency Act (42 U.S.C. 5121 et seq.) occurring in Appropriations, for approval, describing an For the cost of guaranteed loans, as author- fiscal year 2010: Provided further, That of the array of performance measures that HUD will ized by section 184A of the Housing and Commu- amounts provided under this heading $50,000,000 use in identifying functioning, sustainable, nity Development Act of 1992 (12 U.S.C. 1715z), shall be for grants to be competitively awarded mixed-income neighborhoods and a plan for how to public housing agencies for the construction, $1,044,000, to remain available until expended: HUD will work with other agencies: Provided Provided, That such costs, including the costs of rehabilitation or purchase of facilities to be used further, That no more than ten percent of funds to provide early education, adult education, job modifying such loans, shall be as defined in sec- made available under this heading may be pro- tion 502 of the Congressional Budget Act of 1974: training or other appropriate services to public vided for planning grants to assist communities housing residents: Provided further, That grant- Provided further, That these funds are available in developing comprehensive strategies for im- to subsidize total loan principal, any part of ees shall demonstrate an ability to leverage plementing this program in conjunction with other Federal, State, local or private resources which is to be guaranteed, not to exceed community notice and input: Provided further, $41,504,255. for the construction, rehabilitation or acquisi- That the Secretary shall develop and publish COMMUNITY PLANNING AND DEVELOPMENT tion of such facilities, and that selected grantees guidelines for the use of such competitive funds, shall demonstrate a capacity to pay the long- including but not limited to eligible activities, HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS term costs of operating such facilities: Provided program requirements, protections and services For carrying out the Housing Opportunities further, That of the total amount provided for affected residents, and performance metrics. for Persons with AIDS program, as authorized under this heading, $40,000,000 shall be for sup- NATIVE AMERICAN HOUSING BLOCK GRANTS by the AIDS Housing Opportunity Act (42 portive services, service coordinators and con- U.S.C. 12901 et seq.), $320,000,000, to remain For the Native American Housing Block gregate services as authorized by section 34 of available until September 30, 2011, except that Grants program, as authorized under title I of the Act (42 U.S.C. 1437z–6) and the Native Amer- amounts allocated pursuant to section 854(c)(3) the Native American Housing Assistance and ican Housing Assistance and Self-Determination of such Act shall remain available until Sep- Self-Determination Act of 1996 (NAHASDA) (25 Act of 1996 (25 U.S.C. 4101 et seq.): Provided fur- tember 30, 2012: Provided, That the Secretary U.S.C. 4111 et seq.), $670,000,000, to remain ther, That of the total amount provided under shall renew all expiring contracts for permanent available until expended: Provided, That, not- this heading up to $8,820,000 is to support the supportive housing that were funded under sec- withstanding the Native American Housing As- costs of administrative and judicial receiver- tion 854(c)(3) of such Act that meet all program sistance and Self-Determination Act of 1996, to ships: Provided further, That from the funds requirements before awarding funds for new determine the amount of the allocation under made available under this heading, the Sec- contracts and activities authorized under this title I of such Act for each Indian tribe, the Sec- retary shall provide bonus awards in fiscal year section. retary shall apply the formula under section 302 2010 to public housing agencies that are des- COMMUNITY DEVELOPMENT FUND ignated high performers. of such Act with the need component based on single-race Census data and with the need com- (INCLUDING TRANSFER OF FUNDS) PUBLIC HOUSING OPERATING FUND ponent based on multi-race Census data, and For assistance to units of State and local gov- For 2010 payments to public housing agencies the amount of the allocation for each Indian ernment, and to other entities, for economic and for the operation and management of public tribe shall be the greater of the two resulting al- community development activities, and for other housing, as authorized by section 9(e) of the location amounts: Provided further, That of the purposes, $4,450,000,000, to remain available United States Housing Act of 1937 (42 U.S.C. amounts made available under this heading, until September 30, 2012, unless otherwise speci- 1437g(e)), $4,750,000,000: Provided, That, in fis- $3,500,000 shall be contracted for assistance for fied: Provided, That of the total amount pro- cal year 2009 and all fiscal years hereafter, no a national organization representing Native vided, $3,992,000,000 is for carrying out the com- amounts under this heading in any appropria- American housing interests for providing train- munity development block grant program under tions Act may be used for payments to public ing and technical assistance to Indian housing title I of the Housing and Community Develop- housing agencies for the costs of operation and authorities and tribally designated housing enti- ment Act of 1974, as amended (the ‘‘Act’’ herein) management of public housing for any year ties as authorized under NAHASDA; and (42 U.S.C. 5301 et seq.): Provided further, That prior to the current year of such Act: Provided $4,250,000 shall be to support the inspection of unless explicitly provided for under this heading further, That of the amounts made available Indian housing units, contract expertise, train- (except for planning grants provided in the sec- under this heading, up to $15,000,000 may be ing, and technical assistance in the training, ond paragraph and amounts made available

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9245 under the third paragraph), not to exceed 20 Secretary of Transportation, shall submit a plan (42 U.S.C. 9816 note), of which not less than percent of any grant made with funds appro- to the House and Senate Committees on Appro- $5,000,000 may be made available for rural ca- priated under this heading shall be expended for priations, the Senate Committee on Banking pacity building activities: Provided further, planning and management development and ad- and Urban Affairs, and the House Committee on That $8,000,000 shall be made available for ca- ministration: Provided further, That $65,000,000 Financial Services establishing grant criteria as pacity building activities as authorized in sec- shall be for grants to Indian tribes notwith- well as performance measures by which the suc- tions 6301 through 6305 of Public Law 110–246. standing section 106(a)(1) of such Act, of which, cess of grantees will be measured: Provided fur- HOMELESS ASSISTANCE GRANTS notwithstanding any other provision of law (in- ther, That the Secretary will consult with the (INCLUDING TRANSFER OF FUNDS) cluding section 204 of this Act), up to $3,960,000 Secretary of Transportation in selecting grant For the emergency shelter grants program as may be used for emergencies that constitute im- recipients: Provided further, That up to authorized under subtitle B of title IV of the minent threats to health and safety. $10,000,000 shall be for a joint Department of McKinney-Vento Homeless Assistance Act, as Of the amount made available under this Housing and Urban Development and Depart- heading, $171,000,000 shall be available for amended; the supportive housing program as ment of Transportation research effort that authorized under subtitle C of title IV of such grants for the Economic Development Initiative shall include a rigorous evaluation of the Re- (EDI) to finance a variety of targeted economic Act; the section 8 moderate rehabilitation single gional Integrated Planning Grants and Commu- room occupancy program as authorized under investments in accordance with the terms and nity Challenge Planning Grants programs: Pro- the United States Housing Act of 1937, as conditions specified in the explanatory state- vided further, That of the amounts made avail- amended, to assist homeless individuals pursu- ment accompanying this Act: Provided, That able under this heading, $25,000,000 shall be ant to section 441 of the McKinney-Vento Home- none of the funds provided under this para- made available for the Rural Innovation Fund less Assistance Act; and the shelter plus care graph may be used for program operations: Pro- for grants to Indian tribes, State housing fi- program as authorized under subtitle F of title vided further, That, for fiscal years 2007, 2008 nance agencies, State community and/or eco- IV of such Act, $1,875,000,000, of which and 2009, no unobligated funds for EDI grants nomic development agencies, local rural non- $1,870,000,000 shall remain available until Sep- may be used for any purpose except acquisition, profits and community development corpora- tember 30, 2012, and of which $5,000,000 shall re- planning, design, purchase of equipment, revi- tions to address the problems of concentrated main available until expended for rehabilitation talization, redevelopment or construction. rural housing distress and community poverty: projects with 10-year grant terms: Provided, Of the amount made available under this Provided further, That of the funding made That not less than 30 percent of funds made heading, $22,000,000 shall be available for neigh- available under the previous proviso, $10,000,000 available, excluding amounts provided for re- borhood initiatives that are utilized to improve shall be made available to promote economic de- newals under the Shelter Plus Care Program the conditions of distressed and blighted areas velopment and entrepreneurship for federally and emergency shelter grants, shall be used for and neighborhoods, to stimulate investment, recognized Indian Tribes, through activities in- permanent housing for individuals and families: economic diversification, and community revi- cluding the capitalization of revolving loan pro- Provided further, That all funds awarded for talization in areas with population outmigration grams and business planning and development, services shall be matched by not less than 25 or a stagnating or declining economic base, or to funding is also made available for technical as- percent in funding by each grantee: Provided determine whether housing benefits can be inte- sistance to increase capacity through training further, That for all match requirements appli- grated more effectively with welfare reform ini- and outreach activities: Provided further, That cable to funds made available under this head- tiatives: Provided, That amounts made available of the amounts made available under this head- ing for this fiscal year and prior years, a grant- under this paragraph shall be provided in ac- ing, $25,000,000 is for grants pursuant to section ee may use (or could have used) as a source of cordance with the terms and conditions speci- 107 of the Housing and Community Development match funds other funds administered by the fied in the explanatory statement accompanying Act of 1974 (42 U.S.C. 5307). Secretary and other Federal agencies unless this Act. there is (or was) a specific statutory prohibition The referenced explanatory statement under COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT on any such use of any such funds: Provided this heading in title II of division K of Public further, That the Secretary shall renew on an Law 110–161 is deemed to be amended by striking Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2010, com- annual basis expiring contracts or amendments ‘‘Old Town Boys and Girls Club, Albuquerque, to contracts funded under the shelter plus care mitments to guarantee loans under section 108 NM, for renovation of the existing Old Town program if the program is determined to be need- of the Housing and Community Development Boys and Girls Club accompanied by construc- ed under the applicable continuum of care and Act of 1974, any part of which is guaranteed, tion of new areas for the Club’’ and inserting meets appropriate program requirements and fi- shall not exceed a total principal amount of ‘‘Old Town Boys and Girls Club, Albuquerque, nancial standards, as determined by the Sec- $275,000,000, notwithstanding any aggregate NM, for renovation of the Heights Boys and retary: Provided further, That all awards of as- limitation on outstanding obligations guaran- Girls Club’’. sistance under this heading shall be required to teed in subsection (k) of such section 108: Pro- The referenced explanatory statement under coordinate and integrate homeless programs vided, That the Secretary shall collect fees from this heading in division I of Public Law 111–8 is with other mainstream health, social services, borrowers, notwithstanding subsection (m) of deemed to be amended with respect to ‘‘Hawaii and employment programs for which homeless County Office of Housing and Community De- such section 108, to result in a credit subsidy populations may be eligible, including Medicaid, velopment, HI’’ by striking ‘‘Senior Housing cost of zero, and such fees shall be collected in State Children’s Health Insurance Program, Renovation Project’’ and inserting ‘‘Transi- accordance with section 502(7) of the Congres- Temporary Assistance for Needy Families, Food tional Housing Project’’. sional Budget Act of 1974. Stamps, and services funding through the Men- The referenced explanatory statement under HOME INVESTMENT PARTNERSHIPS PROGRAM tal Health and Substance Abuse Block Grant, the heading ‘‘Community Development Fund’’ For the HOME investment partnerships pro- Workforce Investment Act, and the Welfare-to- in title II of division K of Public Law 110–161 is gram, as authorized under title II of the Cran- Work grant program: Provided further, That up deemed to be amended with respect to ‘‘Emer- ston-Gonzalez National Affordable Housing Act, to $6,000,000 of the funds appropriated under gency Housing Consortium in San Jose, CA’’ by as amended, $1,825,000,000, to remain available this heading shall be available for the national striking ‘‘for construction of the Sobrato Transi- until September 30, 2012: Provided, That, funds homeless data analysis project: Provided fur- tional Center, a residential facility for homeless provided in prior appropriations Acts for tech- ther, That up to $12,750,000 of the funds made individuals and families’’ and inserting ‘‘for im- nical assistance, that were made available for available under this heading may be transferred provements to homeless services and prevention Community Housing Development Organizations to and merged with the appropriation for facilities’’. ‘‘Transformation Initiative’’: Provided further, Of the amounts made available under this technical assistance, and that still remain avail- That all balances for Shelter Plus Care renewals heading, $150,000,000 shall be made available for able, may be used for HOME technical assist- previously funded from the Shelter Plus Care a Sustainable Communities Initiative to improve ance notwithstanding the purposes for which Renewal account and transferred to this ac- regional planning efforts that integrate housing such amounts were appropriated. count shall be available, if recaptured, for Shel- and transportation decisions, and increase the SELF-HELP AND ASSISTED HOMEOWNERSHIP ter Plus Care renewals in fiscal year 2010. capacity to improve land use and zoning: Pro- OPPORTUNITY PROGRAM vided, That $100,000,000 shall be for Regional For the Self-Help and Assisted Homeowner- HOUSING PROGRAMS Integrated Planning Grants to support the link- ship Opportunity Program, as authorized under PROJECT-BASED RENTAL ASSISTANCE ing of transportation and land use planning: section 11 of the Housing Opportunity Program (INCLUDING TRANSFER OF FUNDS) Provided further, That not less than $25,000,000 Extension Act of 1996, as amended, $85,000,000, For activities and assistance for the provision of the funding made available for Regional Inte- to remain available until September 30, 2012: of project-based subsidy contracts under the grated Planning Grants shall be awarded to Provided, That of the total amount provided United States Housing Act of 1937 (42 U.S.C. metropolitan areas of less than 500,000: Provided under this heading, $27,000,000 shall be made 1437 et seq.) (‘‘the Act’’), not otherwise provided further, That $40,000,000 shall be for Community available to the Self-Help and Assisted Home- for, $7,700,000,000, to remain available until ex- Challenge Planning Grants to foster reform and ownership Opportunity Program as authorized pended, shall be available on October 1, 2009, reduce barriers to achieve affordable, economi- under section 11 of the Housing Opportunity and $400,000,000, to remain available until ex- cally vital, and sustainable communities: Pro- Program Extension Act of 1996, as amended: pended, shall be available on October 1, 2010: vided further, That before funding is made Provided further, That $50,000,000 shall be made Provided, That the amounts made available available for Regional Integrated Planning available for the second, third and fourth ca- under this heading are provided as follows: Grants or Community Challenge Planning pacity building activities authorized under sec- (1) Up to $7,868,000,000 shall be available for Grants, the Secretary, in coordination with the tion 4(a) of the HUD Demonstration Act of 1993 expiring or terminating section 8 project-based

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subsidy contracts (including section 8 moderate tives for covering costs of architectural and en- ENERGY INNOVATION FUND rehabilitation contracts), for amendments to sec- gineering work, site control, and other planning For an Energy Innovation Fund to enable the tion 8 project-based subsidy contracts (including relating to the development of supportive hous- Federal Housing Administration and the new section 8 moderate rehabilitation contracts), for ing for the elderly that is eligible for assistance Office of Sustainability to catalyze innovations contracts entered into pursuant to section 441 of under section 202 of the Housing Act of 1959 (12 in the residential energy efficiency sector that the McKinney-Vento Homeless Assistance Act U.S.C. 1701q): Provided further, That amounts have promise of replicability and help create a (42 U.S.C. 11401), for renewal of section 8 con- under this heading shall be available for Real standardized home energy efficient retrofit mar- tracts for units in projects that are subject to Estate Assessment Center inspections and in- ket, $75,000,000, to remain available until Sep- approved plans of action under the Emergency spection-related activities associated with sec- tember 30, 2013: Provided, That $20,000,000 shall Low Income Housing Preservation Act of 1987 or tion 202 capital advance projects: Provided fur- be for the Energy Efficient Mortgage Innovation the Low-Income Housing Preservation and Resi- ther, That the Secretary may waive the provi- pilot program, directed at the single family dent Homeownership Act of 1990, and for admin- sions of section 202 governing the terms and housing market: Provided further, That istrative and other expenses associated with conditions of project rental assistance, except $20,000,000 shall be for the Multifamily Energy project-based activities and assistance funded that the initial contract term for such assistance Pilot, directed at the multifamily housing mar- under this paragraph. shall not exceed 5 years in duration. ket: Provided further, That $35,000,000 shall be (2) Not less than $232,000,000 but not to exceed HOUSING FOR PERSONS WITH DISABILITIES for the Local Initiatives Fund so as to leverage $258,000,000 shall be available for performance- additional public and private sector capital to based contract administrators for section 8 (INCLUDING TRANSFER OF FUNDS) stimulate the development of model residential project-based assistance: Provided, That the For capital advance contracts, including energy efficient retrofits in ten or more commu- Secretary of Housing and Urban Development amendments to capital advance contracts, for nities: Provided further, That selected commu- may also use such amounts for performance- supportive housing for persons with disabilities, nities shall have demonstrated capacity to con- based contract administrators for the adminis- as authorized by section 811 of the Cranston- duct energy efficient retrofit activities, and no tration of: interest reduction payments pursuant Gonzalez National Affordable Housing Act (42 community shall receive more than $10,000,000. to section 236(a) of the National Housing Act (12 U.S.C. 8013), for project rental assistance for OTHER ASSISTED HOUSING PROGRAMS U.S.C. 1715z–1(a)); rent supplement payments supportive housing for persons with disabilities pursuant to section 101 of the Housing and under section 811(d)(2) of such Act, including RENTAL HOUSING ASSISTANCE Urban Development Act of 1965 (12 U.S.C. amendments to contracts for such assistance For amendments to contracts under section 1701s); section 236(f)(2) rental assistance pay- and renewal of expiring contracts for such as- 101 of the Housing and Urban Development Act ments (12 U.S.C. 1715z–1(f)(2)); project rental as- sistance for up to a 1-year term, and for sup- of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of sistance contracts for the elderly under section portive services associated with the housing for the National Housing Act (12 U.S.C. 1715z–1) in 202(c)(2) of the Housing Act of 1959 (12 U.S.C. persons with disabilities as authorized by sec- State-aided, non-insured rental housing 1701q); project rental assistance contracts for tion 811(b)(1) of such Act, and for tenant-based projects, $40,000,000, to remain available until supportive housing for persons with disabilities rental assistance contracts entered into pursu- expended. under section 811(d)(2) of the Cranston-Gon- ant to section 811 of such Act, $265,000,000, of RENT SUPPLEMENT zalez National Affordable Housing Act (42 which up to $129,000,000 shall be for capital ad- U.S.C. 8013(d)(2)); project assistance contracts vances and project-based rental assistance con- (RESCISSION) pursuant to section 202(h) of the Housing Act of tracts, to remain available until September 30, Of the amounts recaptured from terminated 1959 (Public Law 86–372; 73 Stat. 667); and loans 2013: Provided, That amounts for project rental under section 202 of the Housing Act of 1959 contracts under section 101 of the Housing and assistance contracts are to remain available for Urban Development Act of 1965 (12 U.S.C. 1701s) (Public Law 86–372; 73 Stat. 667). the liquidation of valid obligations for 10 years (3) Not to exceed $20,000,000 provided under and section 236 of the National Housing Act (12 following the date of such obligation: Provided this heading may be transferred to and merged U.S.C. 1715z–1) $27,600,000 are rescinded hereby further, That, of the amount provided under with the appropriation for ‘‘Transformation Ini- permanently cancelled: Provided, That no this heading, $87,100,000 shall be for amend- tiative’’. amounts may be cancelled from amounts that (4) Amounts recaptured under this heading, ments or renewal of tenant-based assistance were designated by the Congress as an emer- the heading ‘‘Annual Contributions for Assisted contracts entered into prior to fiscal year 2005 gency requirement pursuant to the Concurrent Housing’’, or the heading ‘‘Housing Certificate (only one amendment authorized for any such Resolution on the Budget or the Balanced Fund’’ may be used for renewals of or amend- contract): Provided further, That all tenant- Budget and Emergency Deficit Control Act of ments to section 8 project-based contracts or for based assistance made available under this 1985, as amended. heading shall continue to remain available only performance-based contract administrators, not- PAYMENT TO MANUFACTURED HOUSING FEES to persons with disabilities: Provided further, withstanding the purposes for which such TRUST FUND amounts were appropriated. That the Secretary may waive the provisions of section 811 governing the terms and conditions For necessary expenses as authorized by the HOUSING FOR THE ELDERLY of project rental assistance and tenant-based as- National Manufactured Housing Construction (INCLUDING TRANSFER OF FUNDS) sistance, except that the initial contract term for and Safety Standards Act of 1974 (42 U.S.C. 5401 For capital advances, including amendments such assistance shall not exceed 5 years in dura- et seq.), up to $16,000,000, to remain available to capital advance contracts, for housing for the tion: Provided further, That amounts made until expended, of which $7,000,000 is to be de- elderly, as authorized by section 202 of the available under this heading shall be available rived from the Manufactured Housing Fees Housing Act of 1959, as amended, and for for Real Estate Assessment Center inspections Trust Fund: Provided, That not to exceed the project rental assistance for the elderly under and inspection-related activities associated with total amount appropriated under this heading section 202(c)(2) of such Act, including amend- section 811 Capital Advance Projects. shall be available from the general fund of the ments to contracts for such assistance and re- Treasury to the extent necessary to incur obliga- HOUSING COUNSELING ASSISTANCE newal of expiring contracts for such assistance tions and make expenditures pending the receipt for up to a 1-year term, and for supportive serv- For contracts, grants, and other assistance ex- of collections to the Fund pursuant to section ices associated with the housing, $785,000,000, to cluding loans, as authorized under section 106 620 of such Act: Provided further, That the remain available until September 30, 2013, of of the Housing and Urban Development Act of amount made available under this heading from which up to $542,000,000 shall be for capital ad- 1968, as amended, $100,000,000, including up to the general fund shall be reduced as such collec- vance and project-based rental assistance $2,500,000 for administrative contract services, to tions are received during fiscal year 2010 so as awards: Provided, That amounts for project remain available until September 30, 2011: Pro- to result in a final fiscal year 2010 appropriation rental assistance contracts are to remain avail- vided, That funds shall be used for providing from the general fund estimated at not more able for the liquidation of valid obligations for counseling and advice to tenants and home- than $9,000,000 and fees pursuant to such sec- 10 years following the date of such obligation: owners, both current and prospective, with re- tion 620 shall be modified as necessary to ensure Provided further, That of the amount provided spect to property maintenance, financial man- such a final fiscal year 2010 appropriation: Pro- under this heading, up to $90,000,000 shall be for agement/literacy, and such other matters as may vided further, That for the dispute resolution service coordinators and the continuation of ex- be appropriate to assist them in improving their and installation programs, the Secretary of isting congregate service grants for residents of housing conditions, meeting their financial Housing and Urban Development may assess assisted housing projects, and of which up to needs, and fulfilling the responsibilities of ten- and collect fees from any program participant: $25,000,000 shall be for grants under section 202b ancy or homeownership; for program adminis- Provided further, That such collections shall be of the Housing Act of 1959 (12 U.S.C. 1701q–2) tration; and for housing counselor training: deposited into the Fund, and the Secretary, as for conversion of eligible projects under such Provided further, That of the amounts made provided herein, may use such collections, as section to assisted living or related use and for available under this heading, not less than well as fees collected under section 620, for nec- substantial and emergency capital repairs as de- $15,000,000 shall be awarded to HUD-certified essary expenses of such Act: Provided further, termined by the Secretary: Provided further, housing counseling agencies located in the 100 That notwithstanding the requirements of sec- That of the amount made available under this metropolitan statistical areas with the highest tion 620 of such Act, the Secretary may carry heading, $20,000,000 shall be available to the rate of home foreclosures for the purpose of as- out responsibilities of the Secretary under such Secretary of Housing and Urban Development sisting homeowners with inquiries regarding Act through the use of approved service pro- only for making competitive grants to private mortgage-modification assistance and mortgage viders that are paid directly by the recipients of nonprofit organizations and consumer coopera- scams. their services.

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FEDERAL HOUSING ADMINISTRATION Reorganization Plan No. 2 of 1968, $48,000,000, ing that are oversubscribed: Provided further, MUTUAL MORTGAGE INSURANCE PROGRAM to remain available until September 30, 2011. That of the total amount made available under ACCOUNT FAIR HOUSING AND EQUAL OPPORTUNITY this heading, $250,000 shall be allocated through the Office of Healthy Homes and Lead Hazard (INCLUDING TRANSFERS OF FUNDS) FAIR HOUSING ACTIVITIES Control to conduct communications and out- During fiscal year 2010, commitments to guar- For contracts, grants, and other assistance, reach to potential applicants to the Lead Haz- antee single family loans insured under the Mu- not otherwise provided for, as authorized by ard Reduction Demonstration Grant program. tual Mortgage Insurance Fund shall not exceed title VIII of the Civil Rights Act of 1968, as MANAGEMENT AND ADMINISTRATION a loan principal of $400,000,000,000: Provided, amended by the Fair Housing Amendments Act That for the cost of new guaranteed loans, as of 1988, and section 561 of the Housing and WORKING CAPITAL FUND authorized by section 255 of the National Hous- Community Development Act of 1987, as amend- For additional capital for the Working Capital ing Act (12 U.S.C. 1715z–20), $288,000,000; and, ed, $72,000,000, to remain available until Sep- Fund (42 U.S.C. 3535) for the maintenance of in- in addition, to the extent that new guaranteed tember 30, 2011, of which $42,500,000 shall be to frastructure for Department-wide information loan commitments under section 255 will and do carry out activities pursuant to such section 561 technology systems, for the continuing oper- exceed $30,000,000,000, an additional $26,600 of which up to $2,000,000 shall be made available ation and maintenance of both Department- shall be available for each $1,000,000 in such ad- to carryout authorized activities to protect the wide and program-specific information systems, ditional commitments (including a pro rata public from mortgage rescue scams: Provided, and for program-related maintenance activities, amount for any new guaranteed loan commit- That notwithstanding 31 U.S.C. 3302, the Sec- $200,000,000, to remain available until September ment amount below $1,000,000): Provided fur- retary may assess and collect fees to cover the 30, 2011: Provided, That any amounts trans- ther, That the Secretary shall reduce the prin- costs of the Fair Housing Training Academy, ferred to this Fund under this Act shall remain cipal limit factors applicable to mortgage loans and may use such funds to provide such train- available until expended: Provided further, insured under such section 255 in fiscal year ing: Provided further, That no funds made That any amounts transferred to this Fund from 2010 by 5 percent from what was assumed for available under this heading shall be used to amounts appropriated by previously enacted ap- calculating the subsidy rates published in the lobby the executive or legislative branches of the propriations Acts or from within this Act may be President’s budget for fiscal year 2010: Provided Federal Government in connection with a spe- used for the purposes specified under this Fund, further, That during fiscal year 2010, obliga- cific contract, grant or loan: Provided further, in addition to the purposes for which such tions to make direct loans to carry out the pur- That of the funds made available under this amounts were appropriated: Provided further, poses of section 204(g) of the National Housing heading, $500,000 shall be available to the Sec- That up to $15,000,000 may be transferred to this Act, as amended, shall not exceed $50,000,000: retary of Housing and Urban Development for account from all other accounts in this title (ex- Provided further, That the foregoing amount the creation and promotion of translated mate- cept for the Office of the Inspector General ac- shall be for loans to nonprofit and governmental rials and other programs that support the assist- count) that make funds available for salaries entities in connection with sales of single family ance of persons with limited English proficiency and expenses. real properties owned by the Secretary and for- in utilizing the services provided by the Depart- OFFICE OF INSPECTOR GENERAL merly insured under the Mutual Mortgage In- ment of Housing and Urban Development. For necessary salaries and expenses of the Of- surance Fund. For administrative contract ex- OFFICE OF LEAD HAZARD CONTROL AND fice of Inspector General in carrying out the In- penses, of the federal housing administartion HEALTHY HOMES spector General Act of 1978, as amended, $188,900,000, of $70,794,000 may be transferred to LEAD HAZARD REDUCTION $126,000,000: Provided, That the Inspector Gen- the Working caital fund, and of which up to eral shall have independent authority over all $7,500,000 shall be for education and outreach of For the Lead Hazard Reduction Program, as Authorized by section 1011 of the Residential personnel issues within this office. FHA single family loan products: Provided fur- TRANSFORMATION INITIATIVE ther, That to the extent guaranteed loan com- Lead-Based Paint Hazard Reduction Act of (INCLUDING TRANSFER OF FUNDS) mitments exceed $200,000,000,000 on or before 1992, $140,000,000, to remain available until Sep- April 1, 2010, an additional $1,400 for adminis- tember 30, 2011, of which not less than For necessary expenses for combating mort- trative contract expenses shall be available for $20,000,000 shall be for the Healthy Homes Ini- gage fraud, $20,000,000, to remain available until each $1,000,000 in additional guaranteed loan tiative, pursuant to sections 501 and 502 of the expended. commitments (including a pro rata amount for Housing and Urban Development Act of 1970 In addition, of the amounts made available in any amount below $1,000,000), but in no case that shall include research, studies, testing, and this Act under each of the following headings shall funds made available by this proviso ex- demonstration efforts, including education and under this title, the Secretary may transfer to, ceed $30,000,000. outreach concerning lead-based paint poisoning and merge with, this account up to 1 percent and other housing-related diseases and hazards: from each such account, and such transferred GENERAL AND SPECIAL RISK PROGRAM ACCOUNT Provided, That for purposes of environmental amounts shall be available until September 30, For the cost of guaranteed loans, as author- review, pursuant to the National Environmental 2013, for (1) research, evaluation, and program ized by sections 238 and 519 of the National Policy Act of 1969 (42 U.S.C. 4321 et seq.) and metrics; (2) program demonstrations; (3) tech- Housing Act (12 U.S.C. 1715z–3 and 1735c), in- other provisions of the law that further the pur- nical assistance and capacity building; and (4) cluding the cost of loan guarantee modifica- poses of such Act, a grant under the Healthy information technology: ‘‘Public Housing Cap- tions, as that term is defined in section 502 of Homes Initiative, Operation Lead Elimination ital Fund’’, ‘‘Choice Neighborhoods Initiative’’, the Congressional Budget Act of 1974, as amend- Action Plan (LEAP), or the Lead Technical ‘‘Energy Innovation Fund’’, ‘‘Housing Opportu- ed, $8,600,000, to remain available until ex- Studies program under this heading or under nities for Persons With AIDS’’, ‘‘Community De- pended: Provided, That commitments to guar- prior appropriations Acts for such purposes velopment Fund’’, ‘‘HOME Investment Partner- antee loans shall not exceed $15,000,000,000 in under this heading, shall be considered to be ships Program’’, ‘‘Self-Help and Assisted Home- total loan principal, any part of which is to be funds for a special project for purposes of sec- ownership Opportunity Program’’, ‘‘Housing for guaranteed. tion 305(c) of the Multifamily Housing Property the Elderly’’, ‘‘Housing for Persons With Dis- Gross obligations for the principal amount of Disposition Reform Act of 1994: Provided fur- abilities’’, ‘‘Housing Counseling Assistance’’, direct loans, as authorized by sections 204(g), ther, That of the total amount made available ‘‘Payment to Manufactured Housing Fees Trust 207(l), 238, and 519(a) of the National Housing under this heading, $48,000,000 shall be made Fund’’, ‘‘Mutual Mortgage Insurance Program Act, shall not exceed $20,000,000, which shall be available on a competitive basis for areas with Account’’, ‘‘General and Special Risk Program for loans to nonprofit and governmental entities the highest lead paint abatement needs: Pro- Account’’, ‘‘Research and Technology’’, ‘‘Lead in connection with the sale of single-family real vided further, That each recipient of funds pro- Hazard Reduction’’, ‘‘Rental Housing Assist- properties owned by the Secretary and formerly vided under the second proviso shall make a ance’’, and ‘‘Fair Housing Activities’’: Provided, insured under such Act. matching contribution in an amount not less That of the amounts made available under this GOVERNMENT NATIONAL MORTGAGE ASSOCIATION than 25 percent: Provided further, That the Sec- paragraph, not less than $100,000,000 shall be GUARANTEES OF MORTGAGE-BACKED SECURITIES retary may waive the matching requirement available for information technology moderniza- LOAN GUARANTEE PROGRAM ACCOUNT cited in the preceding proviso on a case by case tion, including development and deployment of basis if the Secretary determines that such a a Next Generation of Voucher Management Sys- New commitments to issue guarantees to carry waiver is necessary to advance the purposes of tem and development and deployment of mod- out the purposes of section 306 of the National this program: Provided further, That each ap- ernized Federal Housing Administration sys- Housing Act, as amended (12 U.S.C. 1721(g)), plicant shall submit a detailed plan and strat- tems: Provided further, That not more than 25 shall not exceed $500,000,000,000, to remain egy that demonstrates adequate capacity that is percent of the funds made available for informa- available until September 30, 2011. acceptable to the Secretary to carry out the pro- tion technology modernization may be obligated POLICY DEVELOPMENT AND RESEARCH posed use of funds pursuant to a notice of fund- until the Secretary submits to the Committees on For contracts, grants, and necessary expenses ing availability: Provided further, That amounts Appropriations a plan for expenditure that (1) of programs of research and studies relating to made available under this heading in this or identifies for each modernization project (a) the housing and urban problems, not otherwise pro- prior appropriations Acts, and that still remain functional and performance capabilities to be vided for, as authorized by title V of the Hous- available, may be used for any purpose under delivered and the mission benefits to be realized, ing and Urban Development Act of 1970 (12 this heading notwithstanding the purpose for (b) the estimated lifecycle cost, and (c) key mile- U.S.C. 1701z–1 et seq.), including carrying out which such amounts were appropriated if a pro- stones to be met; (2) demonstrates that each the functions of the Secretary of Housing and gram competition is undersubscribed and there modernization project is (a) compliant with the Urban Development under section 1(a)(1)(I) of are other program competitions under this head- department’s enterprise architecture, (b) being

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9248 CONGRESSIONAL RECORD — SENATE September 10, 2009 managed in accordance with applicable lifecycle (2) is not otherwise eligible for an allocation able for any program, project or activity in ex- management policies and guidance, (c) subject for fiscal year 2010 under such clause (ii) be- cess of amounts set forth in the budget estimates to the department’s capital planning and invest- cause the areas in the State outside of the met- submitted to Congress. ment control requirements, and (d) supported by ropolitan statistical areas that qualify under SEC. 207. Corporations and agencies of the De- an adequately staffed project office; and (3) has clause (I) in fiscal year 2010 do not have the partment of Housing and Urban Development been reviewed by the Government Account- number of cases of acquired immunodeficiency which are subject to the Government Corpora- ability Office: Provided further, That of the syndrome (AIDS) required under such clause. tion Control Act, are hereby authorized to make amounts made available under this paragraph, (b) The amount of the allocation and grant such expenditures, within the limits of funds not less than $40,000,000 shall be available for for any State described in subsection (a) shall be and borrowing authority available to each such technical assistance and capacity building: Pro- an amount based on the cumulative number of corporation or agency and in accordance with vided further, That technical assistance activi- AIDS cases in the areas of that State that are law, and to make such contracts and commit- ties shall include, technical assistance for HUD outside of metropolitan statistical areas that ments without regard to fiscal year limitations programs, including HOME, Community Devel- qualify under clause (I) of such section as provided by section 104 of such Act as may be opment Block Grant, homeless programs, HOPE 854(c)(1)(A) in fiscal year 2010, in proportion to necessary in carrying out the programs set forth VI, Choice Neighborhoods, Public Housing, the AIDS cases among cities and States that qualify in the budget for 2010 for such corporation or Housing Choice Voucher Program, Fair Housing under clauses (I) and (ii) of such section and agency except as hereinafter provided: Provided, Initiative Program, Housing Counseling, Health States deemed eligible under subsection (a). That collections of these corporations and agen- Homes, Sustainable Communities, Energy Inno- (c) Notwithstanding any other provision of cies may be used for new loan or mortgage pur- vation Fund and other technical assistance as law, the amount allocated for fiscal year 2010 chase commitments only to the extent expressly determined by the Secretary: Provided further, under section 854(c) of the AIDS Housing Op- provided for in this Act (unless such loans are That of the amounts made available for re- portunity Act (42 U.S.C. 12903(c)), to the City of in support of other forms of assistance provided search, evaluation and program metrics and New York, New York, on behalf of the New for in this or prior appropriations Acts), except program demonstrations, the Secretary shall in- York-Wayne-White Plains, New York-New Jer- that this proviso shall not apply to the mortgage clude an assessment of the housing needs of Na- sey Metropolitan Division (hereafter ‘‘metropoli- insurance or guaranty operations of these cor- tive Americans: Provided further, That of the tan division’’) of the New York-Newark-Edison, porations, or where loans or mortgage purchases amounts made available for research, evaluation NY-NJ-PA Metropolitan Statistical Area, shall are necessary to protect the financial interest of and program metrics and program demonstra- be adjusted by the Secretary of Housing and the United States Government. tions, the Secretary shall include planning, Urban Development by: (1) allocating to the SEC. 208. The Secretary of Housing and Urban demonstrations, or evaluations related to pre- City of Jersey City, New Jersey, the proportion Development shall provide quarterly reports to purchase housing counseling and the Moving- of the metropolitan area’s or division’s amount the House and Senate Committees on Appropria- to-Work demonstration program: Provided fur- that is based on the number of cases of AIDS re- tions regarding all uncommitted, unobligated, ther, That the Secretary shall submit a plan to ported in the portion of the metropolitan area or recaptured and excess funds in each program the House and Senate Committees on Appropria- division that is located in Hudson County, New and activity within the jurisdiction of the De- tions for approval detailing how the funding Jersey, and adjusting for the proportion of the partment and shall submit additional, updated provided under this heading will be allocated to metropolitan division’s high incidence bonus if budget information to these Committees upon re- each of the four categories identified under this this area in New Jersey also has a higher than quest. heading and for what projects or activities average per capita incidence of AIDS; and (2) SEC. 209. (a) Notwithstanding any other provi- funding will be used: Provided further, That fol- allocating to the City of Paterson, New Jersey, sion of law, the amount allocated for fiscal year lowing the initial approval of this plan, the Sec- the proportion of the metropolitan area’s or di- 2010 under section 854(c) of the AIDS Housing retary may amend the plan with the approval of vision’s amount that is based on the number of Opportunity Act (42 U.S.C. 12903(c)), to the City the House and Senate Committees on Appropria- cases of AIDS reported in the portion of the met- of Wilmington, Delaware, on behalf of the Wil- tions. ropolitan area or division that is located in Ber- mington, Delaware-Maryland-New Jersey Met- GENERAL PROVISIONS—DEPARTMENT OF HOUSING gen County and Passaic County, New Jersey, ropolitan Division (hereafter ‘‘metropolitan divi- AND URBAN DEVELOPMENT and adjusting for the proportion of the metro- sion’’), shall be adjusted by the Secretary of (INCLUDING RESCISSION OF FUNDS) politan division’s high incidence bonus if this Housing and Urban Development by allocating to the State of New Jersey the proportion of the SEC. 201. Fifty percent of the amounts of area in New Jersey also has a higher than aver- metropolitan division’s amount that is based on budget authority, or in lieu thereof 50 percent of age per capita incidence of AIDS. The recipient the number of cases of AIDS reported in the por- the cash amounts associated with such budget cities shall use amounts allocated under this authority, that are recaptured from projects de- subsection to carry out eligible activities under tion of the metropolitan division that is located scribed in section 1012(a) of the Stewart B. section 855 of the AIDS Housing Opportunity in New Jersey, and adjusting for the proportion McKinney Homeless Assistance Amendments Act Act (42 U.S.C. 12904) in their respective portions of the metropolitan division’s high incidence of 1988 (42 U.S.C. 1437 note) shall be rescission of the metropolitan division that is located in bonus if this area in New Jersey also has a high- or in the case of cash, shall be remitted to the New Jersey. er than average per capita incidence of AIDS. Treasury, and such amounts of budget author- (d) Notwithstanding any other provision of The State of New Jersey shall use amounts allo- ity or cash recaptured and not rescission or re- law, the amount allocated for fiscal year 2010 cated to the State under this subsection to carry mitted to the Treasury shall be used by State under section 854(c) of the AIDS Housing Op- out eligible activities under section 855 of the housing finance agencies or local governments portunity Act (42 U.S.C. 12903(c)) to areas with AIDS Housing Opportunity Act (42 U.S.C. 12904) or local housing agencies with projects approved a higher than average per capita incidence of in the portion of the metropolitan division that by the Secretary of Housing and Urban Devel- AIDS, shall be adjusted by the Secretary on the is located in New Jersey. opment for which settlement occurred after Jan- basis of area incidence reported over a 3 year (b) Notwithstanding any other provision of uary 1, 1992, in accordance with such section. period. law, the Secretary of Housing and Urban Devel- Notwithstanding the previous sentence, the Sec- SEC. 204. Except as explicitly provided in law, opment shall allocate to Wake County, North retary may award up to 15 percent of the budget any grant, cooperative agreement or other as- Carolina, the amounts that otherwise would be authority or cash recaptured and not rescission sistance made pursuant to title II of this Act allocated for fiscal year 2010 under section or remitted to the Treasury to provide project shall be made on a competitive basis and in ac- 854(c) of the AIDS Housing Opportunity Act (42 owners with incentives to refinance their project cordance with section 102 of the Department of U.S.C. 12903(c)) to the City of Raleigh, North at a lower interest rate. Housing and Urban Development Reform Act of Carolina, on behalf of the Raleigh-Cary, North SEC. 202. None of the amounts made available 1989 (42 U.S.C. 3545). Carolina Metropolitan Statistical Area. Any under this Act may be used during fiscal year SEC. 205. Funds of the Department of Housing amounts allocated to Wake County shall be used 2010 to investigate or prosecute under the Fair and Urban Development subject to the Govern- to carry out eligible activities under section 855 Housing Act any otherwise lawful activity en- ment Corporation Control Act or section 402 of of such Act (42 U.S.C. 12904) within such metro- gaged in by one or more persons, including the the Housing Act of 1950 shall be available, with- politan statistical area. filing or maintaining of a non-frivolous legal ac- out regard to the limitations on administrative (c) Notwithstanding section 854(c) of the AIDS tion, that is engaged in solely for the purpose of expenses, for legal services on a contract or fee Housing Opportunity Act (42 U.S.C. 12903(c)), achieving or preventing action by a Government basis, and for utilizing and making payment for the Secretary of Housing and Urban Develop- official or entity, or a court of competent juris- services and facilities of the Federal National ment may adjust the allocation of the amounts diction. Mortgage Association, Government National that otherwise would be allocated for fiscal year SEC. 203. (a) Notwithstanding section Mortgage Association, Federal Home Loan 2010 under section 854(c) of such Act, upon the 854(c)(1)(A) of the AIDS Housing Opportunity Mortgage Corporation, Federal Financing written request of an applicant, in conjunction Act (42 U.S.C. 12903(c)(1)(A)), from any amounts Bank, Federal Reserve banks or any member with the State(s), for a formula allocation on be- made available under this title for fiscal year thereof, Federal Home Loan banks, and any in- half of a metropolitan statistical area, to des- 2010 that are allocated under such section, the sured bank within the meaning of the Federal ignate the State or States in which the metro- Secretary of Housing and Urban Development Deposit Insurance Corporation Act, as amended politan statistical area is located as the eligible shall allocate and make a grant, in the amount (12 U.S.C. 1811—1). grantee(s) of the allocation. In the case that a determined under subsection (b), for any State SEC. 206. Unless otherwise provided for in this metropolitan statistical area involves more than that— Act or through a reprogramming of funds, no one State, such amounts allocated to each State (1) received an allocation in a prior fiscal year part of any appropriation for the Department of shall be in proportion to the number of cases of under clause (ii) of such section; and Housing and Urban Development shall be avail- AIDS reported in the portion of the metropolitan

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9249 statistical area located in that State. Any agreement for the project where, in either case, (2) is under 24 years of age; amounts allocated to a State under this section any use restrictions in such agreement are of no (3) is not a veteran; shall be used to carry out eligible activities lesser duration than the existing use restric- (4) is unmarried; within the portion of the metropolitan statistical tions. (5) does not have a dependent child; area located in that State. (9) Any financial risk to the FHA General and (6) is not a person with disabilities, as such SEC. 210. The President’s formal budget re- Special Risk Insurance Fund, as determined by term is defined in section 3(b)(3)(E) of the quest for fiscal year 2011, as well as the Depart- the Secretary, would be reduced as a result of a United States Housing Act of 1937 (42 U.S.C. ment of Housing and Urban Development’s con- transfer completed under this section. 1437a(b)(3)(E)) and was not receiving assistance gressional budget justifications to be submitted (10) The Secretary determines that Federal li- under such section 8 as of November 30, 2005; to the Committees on Appropriations of the ability with regard to this project will not be in- and (7) is not otherwise individually eligible, or House of Representatives and the Senate, shall creased. has parents who, individually or jointly, are not use the identical account and sub-account (c) For purposes of this section— eligible, to receive assistance under section 8 of structure provided under this Act. (1) the terms ‘‘low-income’’ and ‘‘very low-in- the United States Housing Act of 1937 (42 U.S.C. SEC. 211. A public housing agency or such come’’ shall have the meanings provided by the 1437f). other entity that administers Federal housing statute and/or regulations governing the pro- (b) For purposes of determining the eligibility assistance for the Housing Authority of the gram under which the project is insured or as- of a person to receive assistance under section 8 county of Los Angeles, California, the States of sisted; of the United States Housing Act of 1937 (42 Alaska, Iowa, and Mississippi shall not be re- (2) the term ‘‘multifamily housing project’’ U.S.C. 1437f), any financial assistance (in excess quired to include a resident of public housing or means housing that meets one of the following of amounts received for tuition) that an indi- a recipient of assistance provided under section conditions— vidual receives under the Higher Education Act 8 of the United States Housing Act of 1937 on (A) housing that is subject to a mortgage in- of 1965 (20 U.S.C. 1001 et seq.), from private the board of directors or a similar governing sured under the National Housing Act; sources, or an institution of higher education (B) housing that has project-based assistance board of such agency or entity as required (as defined under the Higher Education Act of under section (2)(b) of such Act. Each public attached to the structure including projects un- 1965 (20 U.S.C. 1002)), shall be considered in- housing agency or other entity that administers dergoing mark to market debt restructuring come to that individual, except for a person over Federal housing assistance under section 8 for under the Multifamily Assisted Housing Reform the age of 23 with dependent children. the Housing Authority of the county of Los An- and Affordability Housing Act; SEC. 216. Notwithstanding the limitation in geles, California and the States of Alaska, Iowa (C) housing that is assisted under section 202 the first sentence of section 255(g) of the Na- and Mississippi that chooses not to include a of the Housing Act of 1959 as amended by sec- tional Housing Act (12 U.S.C. 1715z–g), the Sec- resident of Public Housing or a recipient of sec- tion 801 of the Cranston-Gonzales National Af- retary of Housing and Urban Development may, tion 8 assistance on the board of directors or a fordable Housing Act; until September 30, 2010, insure and enter into similar governing board shall establish an advi- (D) housing that is assisted under section 202 commitments to insure mortgages under section sory board of not less than six residents of pub- of the Housing Act of 1959, as such section ex- 255(g) of the National Housing Act (12 U.S.C. lic housing or recipients of section 8 assistance isted before the enactment of the Cranston- 1715z–20). to provide advice and comment to the public Gonzales National Affordable Housing Act; or SEC. 217. Notwithstanding any other provision housing agency or other administering entity on (E) housing or vacant land that is subject to of law, in fiscal year 2010, in managing and dis- issues related to public housing and section 8. a use agreement; posing of any multifamily property that is Such advisory board shall meet not less than (3) the term ‘‘project-based assistance’’ owned or has a mortgage held by the Secretary quarterly. means— of Housing and Urban Development, the Sec- SEC. 212. (a) Notwithstanding any other provi- (A) assistance provided under section 8(b) of retary shall maintain any rental assistance pay- sion of law, subject to the conditions listed in the United States Housing Act of 1937; ments under section 8 of the United States subsection (b), for fiscal years 2009 and 2010, the (B) assistance for housing constructed or sub- Housing Act of 1937 and other programs that are Secretary of Housing and Urban Development stantially rehabilitated pursuant to assistance attached to any dwelling units in the property. may authorize the transfer of some or all provided under section 8(b)(2) of such Act (as To the extent the Secretary determines, in con- project-based assistance, debt and statutorily re- such section existed immediately before October sultation with the tenants and the local govern- quired low-income and very low-income use re- 1, 1983); ment, that such a multifamily property owned strictions, associated with one or more multi- (C) rent supplement payments under section or held by the Secretary is not feasible for con- family housing project to another multifamily 101 of the Housing and Urban Development Act tinued rental assistance payments under such housing project or projects. of 1965; section 8 or other programs, based on consider- (b) The transfer authorized in subsection (a) (D) interest reduction payments under section ation of (1) the costs of rehabilitating and oper- is subject to the following conditions: 236 and/or additional assistance payments under ating the property and all available Federal, (1) The number of low-income and very low- section 236(f)(2) of the National Housing Act; State, and local resources, including rent ad- income units and the net dollar amount of Fed- and justments under section 524 of the Multifamily eral assistance provided by the transferring (E) assistance payments made under section Assisted Housing Reform and Affordability Act project shall remain the same in the receiving 202(c)(2) of the Housing Act of 1959; of 1997 (‘‘MAHRAA’’) and (2) environmental project or projects. (4) the term ‘‘receiving project or projects’’ conditions that cannot be remedied in a cost-ef- (2) The transferring project shall, as deter- means the multifamily housing project or fective fashion, the Secretary may, in consulta- mined by the Secretary, be either physically ob- projects to which some or all of the project- tion with the tenants of that property, contract solete or economically non-viable. based assistance, debt, and statutorily required for project-based rental assistance payments (3) The receiving project or projects shall meet use low-income and very low-income restrictions with an owner or owners of other existing hous- or exceed applicable physical standards estab- are to be transferred; ing properties, or provide other rental assist- lished by the Secretary. (5) the term ‘‘transferring project’’ means the ance. The Secretary shall also take appropriate (4) The owner or mortgagor of the transferring multifamily housing project which is transfer- steps to ensure that project-based contracts re- project shall notify and consult with the tenants ring some or all of the project-based assistance, main in effect prior to foreclosure, subject to the residing in the transferring project and provide debt and the statutorily required low-income exercise of contractual abatement remedies to a certification of approval by all appropriate and very low-income use restrictions to the re- assist relocation of tenants for imminent major local governmental officials. ceiving project or projects; and threats to health and safety. After disposition of (5) The tenants of the transferring project (6) the term ‘‘Secretary’’ means the Secretary any multifamily property described under this who remain eligible for assistance to be provided of Housing and Urban Development. section, the contract and allowable rent levels by the receiving project or projects shall not be SEC. 213. The funds made available for Native on such properties shall be subject to the re- required to vacate their units in the transferring Alaskans under the heading ‘‘Native American quirements under section 524 of MAHRAA. project or projects until new units in the receiv- Housing Block Grants’’ in title III of this Act SEC. 218. The Secretary of Housing and Urban ing project are available for occupancy. shall be allocated to the same Native Alaskan Development shall report quarterly to the House (6) The Secretary determines that this transfer housing block grant recipients that received of Representatives and Senate Committees on is in the best interest of the tenants. funds in fiscal year 2005. Appropriations on HUD’s use of all sole source (7) If either the transferring project or the re- SEC. 214. No funds provided under this title contracts, including terms of the contracts, cost, ceiving project or projects meets the condition may be used for an audit of the Government Na- and a substantive rationale for using a sole specified in subsection (c)(2)(A), any lien on the tional Mortgage Association that makes applica- source contract. receiving project resulting from additional fi- ble requirements under the Federal Credit Re- SEC. 219. Notwithstanding any other provision nancing obtained by the owner shall be subordi- form Act of 1990 (2 U.S.C. 661 et seq.). of law, the recipient of a grant under section nate to any FHA-insured mortgage lien trans- SEC. 215. (a) No assistance shall be provided 202b of the Housing Act of 1959 (12 U.S.C. 1701q) ferred to, or placed on, such project by the Sec- under section 8 of the United States Housing after December 26, 2000, in accordance with the retary. Act of 1937 (42 U.S.C. 1437f) to any individual unnumbered paragraph at the end of section (8) If the transferring project meets the re- who— 202(b) of such Act, may, at its option, establish quirements of subsection (c)(2)(E), the owner or (1) is enrolled as a student at an institution of a single-asset nonprofit entity to own the mortgagor of the receiving project or projects higher education (as defined under section 102 project and may lend the grant funds to such shall execute and record either a continuation of the Higher Education Act of 1965 (20 U.S.C. entity, which may be a private nonprofit organi- of the existing use agreement or a new use 1002)); zation described in section 831 of the American

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9250 CONGRESSIONAL RECORD — SENATE September 10, 2009 Homeownership and Economic Opportunity Act ficer shall ensure that, not later than 90 days (II) mark-up-to-budget contracts pursuant to of 2000. after the date of enactment of this Act, a section 524(a)(4) of the Multifamily Assisted SEC. 220. (a) The amounts provided under the trained allotment holder shall be designated for Housing Reform and Affordability Act (42 subheading ‘‘Program Account’’ under the each HUD subaccount under the headings ‘‘Ex- U.S.C. 1437f note), as such section is carried out heading ‘‘Community Development Loan Guar- ecutive Direction’’ and heading ‘‘Administra- by the Secretary for properties owned by eligible antees’’ may be used to guarantee, or make com- tion, Operations, and Management’’ as well as owners (as such term is defined in section 202(k) mitments to guarantee, notes, or other obliga- each account receiving appropriations for ‘‘per- of the Housing Act of 1959 (12 U.S.C. 1701q(k)); tions issued by any State on behalf of non-enti- sonnel compensation and benefits’’ within the (iv) the project owner may charge tenants rent tlement communities in the State in accordance Department of Housing and Urban Develop- sufficient to meet debt service payments and op- with the requirements of section 108 of the ment. erating cost requirements, as approved by the Housing and Community Development Act of SEC. 226. Payment of attorney fees in pro- Secretary, if project-based rental assistance is 1974: Provided, That, any State receiving such a gram-related litigation must be paid from indi- not available or is insufficient for the debt serv- guarantee or commitment shall distribute all vidual program office personnel benefits and ice and operating cost of the project after refi- funds subject to such guarantee to the units of compensation funding. The annual budget sub- nancing. Such approval by the Secretary— general local government in non-entitlement mission for program office personnel benefit and (I) shall be the basis for the owner to agree to areas that received the commitment. compensation funding must include program-re- terminate the project-based rental assistance (b) Not later than 60 days after the date of en- lated litigation costs for attorney fees as a sepa- contract that is insufficient for the debt service actment of this Act, the Secretary of Housing rate line item request. and operating cost of the project after refi- SEC. 227. The Secretary of the Department of and Urban Development shall promulgate regu- nancing; and lations governing the administration of the Housing and Urban Development shall for Fis- (II) shall be an eligibility event for the project funds described under subsection (a). cal Year 2010 and subsequent fiscal years, notify for purposes of section 8(t) of the United States SEC. 221. Section 24 of the United States Hous- the public through the Federal Register and Housing Act of 1937 (42 U.S.C. 1437f(t)); ing Act of 1937 (42 U.S.C. 1437v) is amended— other means, as determined appropriate, of the (1) in subsection (m)(1), by striking ‘‘2009’’ issuance of a notice of the availability of assist- (v) units to be occupied by tenants assisted and inserting ‘‘2010’’; and ance or notice of funding availability (NOFA) under section 8(t) of the United States Housing (2) in subsection (o), by striking ‘‘September for any program or discretionary fund adminis- Act of 1937 (42 U.S.C. 1437f(t)) shall, upon termi- 30, 2009’’ and inserting ‘‘September 30, 2010’’. tered by the Secretary that is to be competitively nation of the occupancy of such tenants, be- SEC. 222. Public housing agencies that own awarded. Notwithstanding any other provision come eligible for project-based assistance under and operate 400 or fewer public housing units of law, for Fiscal Year 2010 and subsequent fis- section 8(o)(13) of the United States Housing Act may elect to be exempt from any asset manage- cal years, the Secretary may make the NOFA of 1937 (42 U.S.C. 1437f(o)(13)) without regard to ment requirement imposed by the Secretary of available only on the Internet at the appro- the percentage limitations provided in such sec- Housing and Urban Development in connection priate government website or websites or tion; and with the operating fund rule: Provided, That an through other electronic media, as determined (vi) there shall be a use agreement of 20 years agency seeking a discontinuance of a reduction by the Secretary. from the date of the maturity date of the origi- of subsidy under the operating fund formula nal 202 loan for all units, including units to be PREPAYMENT AND REFINANCING shall not be exempt from asset management re- occupied by tenants assisted under section 8(t) SEC. 228. (a) APPROVAL OF PREPAYMENT OF quirements. of the United States Housing Act of 1937 (42 DEBT.—Upon request of the project sponsor of a SEC. 223. With respect to the use of amounts U.S.C. 1437f(t)). provided in this Act and in future Acts for the project assisted with a loan under section 202 of USE OF SURPLUS FEDERAL PROPERTY FOR THE operation, capital improvement and manage- the Housing Act of 1959 (as in effect before the HOMELESS ment of public housing as authorized by sections enactment of the Cranston-Gonzalez National 9(d) and 9(e) of the United States Housing Act Affordable Housing Act), for which the Sec- SEC. 229. No property identified by the Sec- of 1937 (42 U.S.C. 1437g(d) and (e)), the Sec- retary’s consent to prepayment is required, the retary of Housing and Urban Development as retary shall not impose any requirement or Secretary shall approve the prepayment of any surplus Federal property for use to assist the guideline relating to asset management that re- indebtedness to the Secretary relating to any re- homeless shall be made available to any home- stricts or limits in any way the use of capital maining principal and interest under the loan less group unless the group is a member in good funds for central office costs pursuant to section as part of a prepayment plan under which— standing under any of HUD’s homeless assist- (1) the project sponsor agrees to operate the 9(g)(1) or 9(g)(2) of the United States Housing ance programs or is in good standing with any project until the maturity date of the original Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, other program which receives funds from any loan under terms at least as advantageous to ex- That a public housing agency may not use cap- other Federal or State agency or entity: Pro- isting and future tenants as the terms required ital funds authorized under section 9(d) for ac- vided, That an exception may be made for an by the original loan agreement or any project- tivities that are eligible under section 9(e) for as- entity not involved with Federal homeless pro- based rental assistance payments contract under sistance with amounts from the operating fund grams to use surplus Federal property for the section 8 of the United States Housing Act of in excess of the amounts permitted under section homeless only after the Secretary or another re- 1937 (or any other project-based rental housing 9(g)(1) or 9(g)(2). sponsible Federal agency has fully and com- SEC. 224. The Secretary of Housing and Urban assistance programs of the Department of Hous- prehensively reviewed all relevant finances of Development shall report quarterly to the House ing and Urban Development, including the rent the entity, the track record of the entity in as- of Representatives and Senate Committees on supplement program under section 101 of the sisting the homeless, the ability of the entity to Appropriations on the status of all section 8 Housing and Urban Development Act of 1965 (12 manage the property, including all costs, the project-based housing, including the number of U.S.C. 1701s)) or any successor project-based ability of the entity to administer homeless pro- all project-based units by region as well as an rental assistance program, except as provided by grams in a manner that is effective to meet the analysis of all federally subsidized housing subsection (a)(2)(B); and needs of the homeless population that is ex- (2) the prepayment may involve refinancing of being refinanced under the Mark-to-Market pected to use the property and any other related the loan if such refinancing results— program. The Secretary shall in the report iden- issues that demonstrate a commitment to assist (A) in a lower interest rate on the principal of the homeless: Provided further, That the Sec- tify all existing units maintained by region as the loan for the project and in reductions in section 8 project-based units and all project- retary shall not require the entity to have cash debt service related to such loan; or in hand in order to demonstrate financial abil- based units that have opted out of section 8 or (B) in the case of a project that is assisted ity but may rely on the entity’s prior dem- have otherwise been eliminated as section 8 with a loan under such section 202 carrying an onstrated fundraising ability or commitments for project-based units. The Secretary shall identify interest rate of 6 percent or lower, a transaction in-kind donations of goods and services: Pro- in detail and by project all the efforts made by under which— the Department to preserve all section 8 project- (i) the project owner shall address the phys- vided further, That the Secretary shall make all based housing units and all the reasons for any ical needs of the project; such information and its decision regarding the units which opted out or otherwise were lost as (ii) the prepayment plan for the transaction, award of the surplus property available to the section 8 project-based units. Such analysis including the refinancing, shall meet a cost ben- committees of jurisdiction, including a full jus- shall include a review of the impact of the loss efit analysis, as established by the Secretary, tification of the appropriateness of the use of of any subsidized units in that housing market- that the benefit of the transaction outweighs the the property to assist the homeless as well as the place, such as the impact of cost and the loss of cost of the transaction including any increases appropriateness of the group seeking to obtain available subsidized, low-income housing in in rent charged to unassisted tenants; the property to use such property to assist the areas with scarce housing resources for low-in- (iii) the overall cost for providing rental as- homeless: Provided further, That, this section come families. sistance under section 8 for the project (if any) shall apply to properties in fiscal year 2009 and SEC. 225. No official or employee of the De- is not increased, except, upon approval by the 2010 made available as surplus Federal property partment of Housing and Urban Development Secretary to— for use to assist the homeless. shall be designated as an allotment holder un- (I) mark-up-to-market contracts pursuant to SEC. 230. The Secretary of Housing and Urban less the Office of the Chief Financial Officer has section 524(a)(3) of the Multifamily Assisted Development shall increase, pursuant to this determined that such allotment holder has im- Housing Reform and Affordability Act (42 section, the number of Moving-to-Work agencies plemented an adequate system of funds control U.S.C. 1437f note), as such section is carried out authorized under section 204, title II, of the De- and has received training in funds control pro- by the Secretary for properties owned by non- partments of Veterans Affairs and Housing and cedures and directives. The Chief Financial Of- profit organizations; or Urban Development and Independent Agencies

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9251 Appropriations Act, 1996 (Public Law 104–134; ed, $19,000,000: Provided, That the Inspector fordability and the economic conditions of an 110 Stat. 1321) by adding to the program three General shall have all necessary authority, in area; a match also may be waived by the NRC Public Housing Agencies that meet the following carrying out the duties specified in the Inspec- based on the aforementioned conditions) to pro- requirements: is a High Performing Agency tor General Act, as amended (5 U.S.C. App. 3), vide mortgage foreclosure mitigation assistance under the Public Housing Assessment System to investigate allegations of fraud, including primarily to States and areas with high rates of (PHAS). No PHA shall be granted this designa- false statements to the government (18 U.S.C. defaults and foreclosures to help eliminate the tion through this section that administers in ex- 1001), by any person or entity that is subject to default and foreclosure of mortgages of owner- cess of 5,000 aggregate housing vouchers and regulation by the National Railroad Passenger occupied single-family homes that are at risk of public housing units. No PHA granted this des- Corporation: Provided further, That the Inspec- such foreclosure. Other than areas with high ignation through this section shall receive more tor General may enter into contracts and other rates of defaults and foreclosures, grants may funding under sections 8 or 9 of the United arrangements for audits, studies, analyses, and also be provided to approved counseling inter- States Housing Act of 1937 than they otherwise other services with public agencies and with pri- mediaries based on a geographic analysis of the would have received absent this designation. In vate persons, subject to the applicable laws and Nation by the NRC which determines where addition to other reporting requirements, all regulations that govern the obtaining of such there is a prevalence of mortgages that are risky Moving-to-Work agencies shall report financial services within the National Railroad Passenger and likely to fail, including any trends for mort- data to the Department of Housing and Urban Corporation: Provided further, That the Inspec- gages that are likely to default and face fore- Development as specified by the Secretary, so tor General may select, appoint, and employ closure. A State Housing Finance Agency may that the effect of Moving-to-Work policy such officers and employees as may be necessary also be eligible where the State Housing Finance changes can be measured. for carrying out the functions, powers, and du- Agency meets all the requirements under this SEC. 231. Notwithstanding any other provision ties of the Office of Inspector General, subject to paragraph. A HUD-approved counseling inter- of law, in determining the market value of any the applicable laws and regulations that govern mediary shall meet certain mortgage foreclosure multifamily real property or multifamily loan such selections, appointments, and employment mitigation assistance counseling requirements, for any noncompetitive sale to a State or local within Amtrak: Provided further, That concur- as determined by the NRC, and shall be ap- government, the Secretary shall in fiscal year rent with the President’s budget request for fis- proved by HUD or the NRC as meeting these re- 2010 consider, but not be limited to, industry cal year 2011, the Inspector General shall submit quirements. standard appraisal practices, including the cost to the House and Senate Committees on Appro- (2) Mortgage foreclosure mitigation assistance of repairs needed to bring the property into such priations a budget request for fiscal year 2011 in shall only be made available to homeowners of condition as to satisfy minimum State and local similar format and substance to those submitted owner-occupied homes with mortgages in de- code standards and the cost of maintaining the by executive agencies of the Federal Govern- fault or in danger of default. These mortgages affordability restrictions imposed by the Sec- ment. shall likely be subject to a foreclosure action retary on the multifamily real property or multi- NATIONAL TRANSPORTATION SAFETY BOARD and homeowners will be provided such assist- family loan. SALARIES AND EXPENSES ance that shall consist of activities that are like- SEC. 232. The Secretary of the Department of ly to prevent foreclosures and result in the long- Housing and Urban Development is authorized For necessary expenses of the National Trans- term affordability of the mortgage retained pur- to transfer up to 5 percent of funds appropriated portation Safety Board, including hire of pas- suant to such activity or another positive out- for any account under this title under the head- senger motor vehicles and aircraft; services as come for the homeowner. No funds made avail- ing ‘‘Personnel Compensation and Benefits’’ to authorized by 5 U.S.C. 3109, but at rates for in- able under this paragraph may be provided di- any other account under this title under the dividuals not to exceed the per diem rate equiva- rectly to lenders or homeowners to discharge heading ‘‘Personnel Compensation and Bene- lent to the rate for a GS–15; uniforms, or allow- outstanding mortgage balances or for any other fits’’ only after such transfer has been submitted ances therefor, as authorized by law (5 U.S.C. direct debt reduction payments. 5901–5902) $96,900,000, of which not to exceed to, and received prior written approval by, the (3) The use of Mortgage Foreclosure Mitiga- $2,000 may be used for official reception and House and Senate Committees on Appropria- tion Assistance by approved counseling inter- representation expenses: Provided, That of tions: Provided, That, no appropriation for any mediaries and State Housing Finance Agencies funds provided under this heading, $2,416,000 such account shall be increased or decreased by shall involve a reasonable analysis of the bor- shall remain available through September 30, more than 10 percent by all such transfers. rower’s financial situation, an evaluation of the 2011: Provided further, That of the funds pro- SEC. 233. The Disaster Housing Assistance current value of the property that is subject to vided, up to $100,000 shall be provided through Programs, administered by the Department of the mortgage, counseling regarding the assump- reimbursement to the Department of Transpor- Housing and Urban Development, shall be con- tion of the mortgage by another non-Federal tation’s Office of Inspector General to audit the sidered a ‘‘program of the Department of Hous- party, counseling regarding the possible pur- National Transportation Safety Board’s finan- ing and Urban Development’’ under section 904 chase of the mortgage by a non-Federal third cial statements. The amounts made available to of the McKinney Act for the purpose of income party, counseling and advice of all likely re- the National Transportation Safety Board in verifications and matching. structuring and refinancing strategies or the ap- this Act include amounts necessary to make This title may be cited as the ‘‘Department of proval of a work-out strategy by all interested lease payments due in fiscal year 2010 only, on Housing and Urban Development Appropria- parties. an obligation incurred in fiscal year 2001 for a tions Act, 2010’’. (4) NRC may provide up to 15 percent of the capital lease. TITLE III total funds under this paragraph to its own RELATED AGENCIES NEIGHBORHOOD REINVESTMENT CORPORATION charter members with expertise in foreclosure PAYMENT TO THE NEIGHBORHOOD REINVESTMENT ACCESS BOARD prevention counseling, subject to a certification CORPORATION by the NRC that the procedures for selection do For expenses necessary for the Access Board, not consist of any procedures or activities that as authorized by section 502 of the Rehabilita- For payment to the Neighborhood Reinvest- could be construed as an unacceptable conflict tion Act of 1973, as amended, $7,400,000: Pro- ment Corporation for use in neighborhood rein- of interest or have the appearance of impro- vided, That, notwithstanding any other provi- vestment activities, as authorized by the Neigh- priety. sion of law, there may be credited to this appro- borhood Reinvestment Corporation Act (42 (5) HUD-approved counseling entities and priation funds received for publications and U.S.C. 8101–8107), $133,000,000, of which State Housing Finance Agencies receiving funds training expenses. $5,000,000 shall be for a multi-family rental housing program: Provided, That section 605(a) under this paragraph shall have demonstrated FEDERAL MARITIME COMMISSION of the Neighborhood Reinvestment Corporation experience in successfully working with finan- SALARIES AND EXPENSES Act (42 U.S.C. 8104) is amended by adding at the cial institutions as well as borrowers facing de- For necessary expenses of the Federal Mari- end of the first sentence, prior to the period, ‘‘, fault, delinquency and foreclosure as well as time Commission as authorized by section 201(d) except that the board-appointed officers may be documented counseling capacity, outreach ca- of the Merchant Marine Act, 1936, as amended paid salary at a rate not to exceed level II of the pacity, past successful performance and positive (46 U.S.C. App. 1111), including services as au- Executive Schedule’’: Provided further, That in outcomes with documented counseling plans (in- thorized by 5 U.S.C. 3109; hire of passenger addition, $45,000,000 shall be made available cluding post mortgage foreclosure mitigation motor vehicles as authorized by 31 U.S.C. until expended for capital grants to build, reha- counseling), loan workout agreements and loan 1343(b); and uniforms or allowances therefore, bilitate or finance the creation of affordable modification agreements. NRC may use other as authorized by 5 U.S.C. 5901–5902, $24,558,000: housing units, including necessary administra- criteria to demonstrate capacity in underserved Provided, That not to exceed $2,000 shall be tive expenses: Provided further, That in addi- areas. available for official reception and representa- tion, $65,000,000 shall be made available until (6) Of the total amount made available under tion expenses. expended to the Neighborhood Reinvestment this paragraph, up to $3,000,000 may be made NATIONAL RAILROAD PASSENGER CORPORATION Corporation for mortgage foreclosure mitigation available to build the mortgage foreclosure and activities, under the following terms and condi- default mitigation counseling capacity of coun- OFFICE OF INSPECTOR GENERAL tions: seling intermediaries through NRC training SALARIES AND EXPENSES (1) The Neighborhood Reinvestment Corpora- courses with HUD-approved counseling inter- For necessary expenses of the Office of In- tion (‘‘NRC’’), shall make grants to counseling mediaries and their partners, except that private spector General for the National Railroad Pas- intermediaries approved by the Department of financial institutions that participate in NRC senger Corporation to carry out the provisions Housing and Urban Development (HUD) (with training shall pay market rates for such train- of the Inspector General Act of 1978, as amend- match to be determined by the NRC based on af- ing.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 6333 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9252 CONGRESSIONAL RECORD — SENATE September 10, 2009 (7) Of the total amount made available under after the date of enactment of this Act, each projects for the removal of an immediate threat this paragraph, up to 4 percent may be used for agency funded by this Act shall submit a report to public health and safety or brownsfield as de- associated administrative expenses for the NRC to the Committees on Appropriations of the Sen- fined in the Small Business Liability Relief and to carry out activities provided under this sec- ate and of the House of Representatives to es- Brownsfield Revitalization Act (Public Law 107– tion. tablish the baseline for application of re- 118) shall be considered a public use for pur- (8) Mortgage foreclosure mitigation assistance programming and transfer authorities for the poses of eminent domain. grants may include a budget for outreach and current fiscal year: Provided further, That the SEC. 410. None of the funds made available in advertising, and training, as determined by the report shall include: (1) a table for each appro- this Act may be transferred to any department, NRC. priation with a separate column to display the agency, or instrumentality of the United States (9) The NRC shall continue to report bi-annu- President’s budget request, adjustments made by Government, except pursuant to a transfer made ally to the House and Senate Committees on Ap- Congress, adjustments due to enacted rescis- by, or transfer authority provided in, this Act or propriations as well as the Senate Banking sions, if appropriate, and the fiscal year enacted any other appropriations Act. Committee and House Financial Services Com- level; (2) a delineation in the table for each ap- SEC. 411. No part of any appropriation con- mittee on its efforts to mitigate mortgage de- propriation both by object class and program, tained in this Act shall be available to pay the fault. project, and activity as detailed in the budget salary for any person filling a position, other UNITED STATES INTERAGENCY COUNCIL ON appendix for the respective appropriation; and than a temporary position, formerly held by an HOMELESSNESS (3) an identification of items of special congres- employee who has left to enter the Armed Forces sional interest: Provided further, That the of the United States and has satisfactorily com- OPERATING EXPENSES amount appropriated or limited for salaries and pleted his period of active military or naval For necessary expenses (including payment of expenses for an agency shall be reduced by service, and has within 90 days after his release salaries, authorized travel, hire of passenger $100,000 per day for each day after the required from such service or from hospitalization con- motor vehicles, the rental of conference rooms, date that the report has not been submitted to tinuing after discharge for a period of not more and the employment of experts and consultants the Congress. than 1 year, made application for restoration to under section 3109 of title 5, United States Code) SEC. 406. Except as otherwise specifically pro- his former position and has been certified by the of the United States Interagency Council on vided by law, not to exceed 50 percent of unobli- Office of Personnel Management as still quali- Homelessness in carrying out the functions pur- gated balances remaining available at the end of fied to perform the duties of his former position suant to title II of the McKinney-Vento Home- fiscal year 2010 from appropriations made avail- and has not been restored thereto. less Assistance Act, as amended, $2,680,000. able for salaries and expenses for fiscal year SEC. 412. No funds appropriated pursuant to TITLE IV 2010 in this Act, shall remain available through this Act may be expended by an entity unless GENERAL PROVISIONS—THIS ACT September 30, 2011, for each such account for the entity agrees that in expending the assist- SEC. 401. Such sums as may be necessary for the purposes authorized: Provided, That a re- ance the entity will comply with sections 2 fiscal year 2010 pay raises for programs funded quest shall be submitted to the House and Sen- through 4 of the Act of March 3, 1933 (41 U.S.C. in this Act shall be absorbed within the levels ate Committees on Appropriations for approval 10a–10c, popularly known as the ‘‘Buy Amer- appropriated in this Act or previous appropria- prior to the expenditure of such funds: Provided ican Act’’). tions Acts. further, That these requests shall be made in SEC. 413. No funds appropriated or otherwise SEC. 402. None of the funds in this Act shall compliance with reprogramming guidelines made available under this Act shall be made be used for the planning or execution of any under section 405 of this Act. available to any person or entity that has been EC. 407. All Federal agencies and depart- program to pay the expenses of, or otherwise S convicted of violating the Buy American Act (41 ments that are funded under this Act shall issue compensate, non-Federal parties intervening in U.S.C. 10a–10c). a report to the House and Senate Committees on regulatory or adjudicatory proceedings funded SEC. 414. All departments, agencies or other Appropriations on all sole source contracts by in this Act. Federal entities funded under this Act shall no- no later than July 30, 2010. Such report shall in- SEC. 403. None of the funds appropriated in tify the Senate and House of Representatives this Act shall remain available for obligation be- clude the contractor, the amount of the contract Committees on Appropriations no later than 7 yond the current fiscal year, nor may any be and the rationale for using a sole source con- days before any public or internet announce- transferred to other appropriations, unless ex- tract. ment by the Department or Administration re- SEC. 408. (a) None of the funds made available pressly so provided herein. garding any new program or activity, including in this Act may be obligated or expended for any SEC. 404. The expenditure of any appropria- any changes to existing or proposed programs or employee training that— tion under this Act for any consulting service activities. (1) does not meet identified needs for knowl- This Act may be cited as the ‘‘Transportation, through procurement contract pursuant to sec- edge, skills, and abilities bearing directly upon tion 3109 of title 5, United States Code, shall be Housing and Urban Development, and Related the performance of official duties; Agencies Appropriations Act, 2010’’. limited to those contracts where such expendi- (2) contains elements likely to induce high lev- tures are a matter of public record and available els of emotional response or psychological stress The PRESIDING OFFICER. The Sen- for public inspection, except where otherwise in some participants; ator from Washington. provided under existing law, or under existing (3) does not require prior employee notifica- Mrs. MURRAY. Mr. President, I am Executive order issued pursuant to existing law. tion of the content and methods to be used in very pleased that the Senate is now SEC. 405. Except as otherwise provided in this the training and written end of course evalua- Act, none of the funds provided in this Act, pro- considering the Transportation, Hous- tion; ing and Urban Development appropria- vided by previous appropriations Acts to the (4) contains any methods or content associ- agencies or entities funded in this Act that re- ated with religious or quasi-religious belief sys- tions bill for the coming year. main available for obligation or expenditure in tems or ‘‘new age’’ belief systems as defined in I will be making my opening remarks fiscal year 2010, or provided from any accounts Equal Employment Opportunity Commission No- here, as I believe Senator BOND will as in the Treasury derived by the collection of fees tice N–915.022, dated September 2, 1988; or well, and I know a number of Senators and available to the agencies funded by this (5) is offensive to, or designed to change, par- have been talking about amendments Act, shall be available for obligation or expendi- ticipants’ personal values or lifestyle outside the to this bill. I wish to ask our col- ture through a reprogramming of funds that: (1) workplace. creates a new program; (2) eliminates a pro- (b) Nothing in this section shall prohibit, re- leagues if they do have amendments to gram, project, or activity; (3) increases funds or strict, or otherwise preclude an agency from get them to the floor this afternoon personnel for any program, project, or activity conducting training bearing directly upon the and at least get them filed to help us for which funds have been denied or restricted performance of official duties. work with them and to begin to con- by the Congress; (4) proposes to use funds di- SEC. 409. No funds in this Act may be used to sider them. As we know, we have had rected for a specific activity by either the House support any Federal, State, or local projects the last vote today, but we wish to or Senate Committees on Appropriations for a that seek to use the power of eminent domain, have some of these amendments offered different purpose; (5) augments existing pro- unless eminent domain is employed only for a over Friday and Monday so that we can grams, projects, or activities in excess of public use: Provided, That for purposes of this $5,000,000 or 10 percent, whichever is less; (6) re- section, public use shall not be construed to in- move expeditiously to this important duces existing programs, projects, or activities clude economic development that primarily ben- appropriations bill and be moving by $5,000,000 or 10 percent, whichever is less; or efits private entities: Provided further, That any quickly by Monday afternoon. I do (7) creates, reorganizes, or restructures a use of funds for mass transit, railroad, airport, know some Senators on both sides have branch, division, office, bureau, board, commis- seaport or highway projects as well as utility some amendments, which they have sion, agency, administration, or department dif- projects which benefit or serve the general pub- talked to us about. Again, although ferent from the budget justifications submitted lic (including energy-related, communication-re- this is the last vote, I would ask Sen- to the Committees on Appropriations or the table lated, water-related and wastewater-related in- ators who do have amendments to help accompanying the explanatory statement ac- frastructure), other structures designated for companying this Act, whichever is more de- use by the general public or which have other us work through this process by get- tailed, unless prior approval is received from the common-carrier or public-utility functions that ting your amendments to the floor. House and Senate Committees on Appropria- serve the general public and are subject to regu- As we begin consideration of this im- tions: Provided, That not later than 60 days lation and oversight by the government, and portant bill, it is important to note

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9253 that it has already been supported by This bill provides over $75 billion in of over $1 billion for the renewal of sec- broad bipartisan majorities. The Trans- budgetary resources for the Depart- tion 8 vouchers. The bill also provides portation, Housing and Urban Develop- ment of Transportation to support con- an increased funding for the operation ment Appropriations Subcommittee tinued investment in transportation of public housing for a total level of has 20 Members. That is one-fifth of the infrastructure, including our bridges $4.75 billion. These funds will help en- Senate. It is one of the largest sub- and our ports, our public transpor- sure our Nation’s low-income families, committees in the Senate. But despite tation, our airports, our rail, and the who are always among the hardest hit the diversity of issues of our very large Nation’s highway system. It provides during tough economic times, continue subcommittee, back on July 29 we $11 billion to support and expand public to have access to safe and affordable voted unanimously to report the bill to transit, which continues to see record housing. the full Appropriations Committee, and growth in ridership, as well as $1.2 bil- Senator BOND and I are particularly the next day, the members of the com- lion to invest in intercity and high- proud that this bill includes $5 million mittee voted unanimously to report speed rail so that we can expand op- for vouchers for the joint HUD-Vet- the bill to the Senate. tions for our commuters and ease con- erans Affairs supportive housing pro- This bill does have broad bipartisan gestion on our roads and reduce green- gram. That will provide an additional support because it addresses the very house gas emissions. 10,000 homeless veterans and their fam- real housing and transportation needs It also includes $1.1 billion to con- ilies with housing and supportive serv- of American families across all regions tinue the highly competitive surface ices. of the Nation. It has bipartisan support grants program that was initiated ear- While this program has helped con- because it touches the lives of all of lier this year as part of our recovery tribute to an overall reduction in our constituents in ways that they can package. That program, which provides homelessness among our veterans, we appreciate each day—whether it is a matching funds to projects making a have seen disturbing increases over the parent who commutes every day and significant impact on communities and past several years in the number of needs safe roads or new public trans- regions, generated tremendous interest homeless female veterans, many of portation options so they can spend from our State and local authorities. whom have children. To me, that is un- more time with their families, or a The bill also supports the FAA’s ef- acceptable. So the new funding in this young family searching for safe and af- forts to develop its next generation air bill will provide help to make sure fordable communities to raise their transportation system to support pro- those who have already given so much children, or perhaps a recently laid-off jected growth in air travel in the com- to their country through their military worker who needs help to afford their ing year, and it invests $3.5 billion in service are now not forced to live on rent or stay off the street. This bill has capital improvements at all of our air- the street. real impact on American families that ports across the country. In addition to supporting our Na- are struggling in these troubling eco- This bill also includes targeted in- tion’s heroes, this bill also addresses nomic times—the hard-working Ameri- creases to address critical problems the needs of some of our most vulner- cans who are not only losing their jobs with our transportation safety. It has able citizens by providing increased but also their homes and their finan- an increase above the President’s budg- funding to support housing for the el- cial security. et to hire 236 more air safety inspectors derly, disabled, those suffering from Six months ago, this Congress passed and 50 more air traffic controllers. AIDS, youth who are aging out of our a recovery package. It is now creating At present, our FAA inspectors can- foster care, and the Nation’s homeless. jobs and rebuilding infrastructure and not spend enough time out in the field The bill also focuses on strength- laying a strong foundation for our directly observing air carrier oper- ening communities at a time when the long-term economic growth. It is a ations firsthand. These new positions economy threatens programs that are good start. The bill before us now that are in this bill will help correct at the backbone of many of our towns builds on that and strengthens that ef- that problem and improve FAA over- and cities. We provide almost $4 billion fort. It makes needed and very serious sight. investments in our transportation in- The bill also includes $50 million for for the Community Development Block frastructure as well as in housing and a new program in railroad safety tech- Grant Program. That will help support services to support our Nation’s most nology, including Positive Train Con- investments in public infrastructure, vulnerable. It also ensures that the trol, as well as $150 million for the housing rehabilitation, construction, Federal agencies that so many commu- Washington Metropolitan Area Transit and public services. That is assistance nities count on have the resources they Authority to make sure tragedies like that is very critical to our States and need to keep our commuters safe and the one we saw earlier this summer our local governments right now. keep communities moving and pros- never happen again. The bill also supports innovative ap- pering. In addition to those important in- proaches to revitalize the Nation’s pub- Our bill takes a very balanced ap- vestments in transportation, the bill lic housing. The new Choice Neighbor- proach. It addresses the most critical we now have before us represents a hoods Program included in this bill needs we face in both transportation very firm commitment to providing builds on the success of HOPE VI, for and housing while remaining finan- critical housing and support services to which my colleagues, Senator BOND cially responsible and staying within families who have been affected by this and Senator MIKULSKI, deserve a great the constraints of our budget resolu- economic crisis. This bill provides deal of credit. tion. nearly $46 billion in budgetary re- In summary, this bill provides assist- I have been very fortunate to be sources for the Department of Housing ance to those who need it most, and it joined by my ranking member, Senator and Urban Development, including $100 directs resources in a responsible and BOND, in crafting this package. Senator million for HUD’s housing counseling fiscally prudent way. It is a bill that BOND’s very long service on the Appro- program to help our families in this truly addresses the needs of families in priations Committee, as well as his country make responsible decisions every region of this country. These are work on the Public Works Committee, when they purchase a home, to help families who are looking for us at the has made him one of our leading ex- them avoid the scams and aggressive Federal level to step up and provide so- perts in the areas of both transpor- lending tactics we have seen, and to lutions to everything from congestion tation and housing. Throughout his ca- help families facing foreclosure stay in to transportation safety to foreclosures reer, Senator BOND has demonstrated their homes. to affordable housing. That is why it is tireless leadership and a commitment These funds are going to be an impor- a bill that has attracted widespread bi- to the mission of HUD. I couldn’t have tant tool in our efforts to counter fore- partisan support. It helps commuters, a better or more experienced partner in closures. This counseling will help us homeowners, the most vulnerable in this effort, and I want to take a mo- avoid problems in the future by pre- our society, and our economy, so I urge ment of time from the Senate to thank paring homeowners for the changing all Senators to support this bill, and I Senator BOND for his years of partner- housing market. urge them to help us move it rapidly to ship and for being here with me on the The bill also provides more than $18 final passage. floor this afternoon as we present our billion for tenant-based rental assist- Again, I ask our colleagues, if you bill to the Senate. ance or section 8, including an increase have an amendment please get it to the

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So that is extremely important. dent so these investments can truly the homeless, housing for seniors, Talking about challenges, as I have help our families. housing for persons with disabilities, mentioned on this floor many times be- I thank my colleagues and yield the the Lead Hazard Reduction Program— fore, I have been very much concerned floor to my partner, Senator BOND. which Senator MIKULSKI has been a about the rapid growth of the FAA Sin- Mr. BOND. Mr. President, as ranking champion of—and early childhood de- gle Family Mortgage Insurance Pro- member on the HUD, Transportation, velopment capital funding, among oth- gram. FHA’s share of the market has and related agencies fiscal year appro- ers. grown dramatically, from 2 percent in priations bill, I have been very pleased As I noted in the committee markup 2006 to nearly 24 percent at the end of to be able to work with Chair MURRAY of July 1, our biggest concern remains 2008. Before we pat ourselves on the and her great staff. It has been a real the solvency of the highway trust fund. back and say what a great achievement pleasure. I agree with all she said, ex- This is a problem that must be ad- that is, let’s take a look at it. cept I cannot do anything but thank dressed. We hope to work with Chair This year the freeze in the private her for the very kind and generous BOXER of the EPW Committee to deal mortgage markets has driven FHA’s words she had. She mentioned a long- with the serious problem they have be- market share to 63 percent. As I have time experience. Normally back home cause everybody knows—and I think said many times before, longstanding we refer to experience as something almost everyone in this body has management and resource challenges you get when you are expected to get talked to me about it—how good roads and a substantial growth in risky lend- something else. But working on this and bridges are critical to attracting ing due to political pressures has committee I have found the experience and sustaining business, job creation, turned FHA into a powder keg, and I to be a very pleasant one. and economic growth in our commu- fear it is going to explode and leave Originally I worked with Senator MI- nities. We cannot afford an interrup- taxpayers on the hook for another KULSKI. We alternated as chair and tion in providing these much needed multihundreds of billions of dollars of ranking member. I think we did a won- funds to the States. losses. derful job. She was a great partner. Transportation infrastructure work Given the continuing challenges in I couldn’t ask for any better partner creates jobs, but most importantly it the housing market and continuing job to have than Senator MURRAY. She has makes a long-term investment in our losses, I believe it is highly likely that been very helpful and very gracious to communities as a key component in the FHA will not meet its statutory 2 us. our economic recovery. When I had the percent capital reserve when its latest I have to say this is a very com- pleasure of serving Missourians as Gov- actuarial study is released in the com- plicated bill. We could not do it with- ernor, one of my top priorities was eco- ing weeks. That is the safety net that out excellent staff work. I thank the nomic development. So I asked a good keeps it from going in the hole and staff. There are some new people on team I had there to figure out what avoiding a bailout. Frankly, I believe with big challenges ahead, but it is an makes economic development work, this is the tip of the iceberg for the excellent staff, and I am extremely and they got maps out in Missouri and FHA. That is why we must address grateful for all that they have taught studied everything. The funniest thing FHA’s problems now because Ameri- me over the years. we found, the communities that were cans have been signaling that the tax- This is a bill about which everybody growing had the best roads available. payer credit card is maxed out and we can say we could do it better, but I am People have to have transportation if don’t want to put any more on the Fed- proud to support it and urge my col- they are going to get to work and if eral debt and thus Americans’ credit leagues to support it. The legislation what they produce at work is going to cards. has a number of extremely important be shipped out. This is a critical ele- To address these FHA challenges, I programs which, in today’s economy, ment for economic recovery and the am pleased we were able to include in are critical to helping families over- strength of our Nation. this bill $20 million for FHA antifraud whelmed by the national financial cri- Another area I think is absolutely activities, as well as $6 million in addi- sis. It is especially pleasing that we important is the FAA safety inspec- tional funding for the HUD IG to com- have been able to provide funding for tors. I don’t think it was planned, but bat predatory lending. The legislation the Nation’s most vulnerable—to our it was certainly fortuitous that I at- also provides funding for HUD to mod- homeless, to low-income families and tended a local civic club lunch over Au- ernize the FHA information technology seniors, and to the disabled. Our com- gust where the main speaker was a rep- systems in order to track effectively mittee has increased investment in resentative of the FAA in St. Louis. He its mortgage and associated obliga- HUD community development pro- went through some of the good safety tions. grams to provide assistance needed the record but went through the horren- Too many times I have gone to them most. dous crash that I think shocked all of and said: Well, what is your portfolio? The chair mentioned the VASH Pro- us. It happened in Buffalo this past They say: Well, we do not know. gram. This was an idea we had several winter. He went through all of the That is scary because we as tax- years ago. It has gained great support problems. payers are on the hook for it. If they go from the Veterans’ Administration, I said: Don’t you have safety inspec- bad, that is on us and on future genera- from HUD, and everybody who has tors? tions. We believe very strongly HUD looked at the appalling problem of men He said: The problem is, we don’t and the IG must work together and le- and women who risk their lives, make have enough of them. verage these funds to fight mortgage great contributions to defend our coun- Yes, these are things that should fraud and predatory lending. try, and come home without adequate have been identified. Think of the loss I have been very much encouraged housing, often supportive housing they of life in that tragic crash because we based on my discussions with HUD Sec- need. This program has been able to didn’t have enough safety inspectors to retary Shawn Donovan and HUD IG bring together the support services blow the whistle on things and people Ken Donahue. They understood the along with the housing that enables who should not have been entrusted problem. They are willing to work with these veterans not just to have a shel- with the lives of American citizens. us. ter over their heads but to be able to As we looked at this, I, once again, However, they need more resources get their lives back on track after became an even stronger believer in and a sustained focus to effectively going through the rigors and horrors of the need for these safety inspectors. We combat predatory lending and mort- war. It is certainly a program with have to have air traffic controllers. gage fraud. It can and must be done. which I am delighted to be associated, These people are all critically impor- We have heard too many stories of peo- and I thank the chair for her work on tant to the traveling public, and no- ple who have been in the business, a it. body I know of in this body, except very questionable business, of making

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9255 predatory loans, of misrepresenting the Mr. INOUYE. Mr. President, today ‘‘Remembering Senator Edward M. terms of the loans and the impact on the Senate begins consideration of the Kennedy.’’) the potential home buyer. fiscal year 2010 transportation and Mr. ROCKEFELLER. I yield the floor These people’s handiwork can be seen housing and urban development appro- and suggest the absence of a quorum. in the number of home loans going bad. priations bill. This bill includes total The PRESIDING OFFICER. The They pushed the American dream very resources of $122 billion; a level of fund- clerk will call the roll. hard, not telling the potential home- ing that is $1.2 billion below the admin- The assistant legislative clerk pro- owner what the downside was. For too istration’s request. The programs fund- ceeded to call the roll. many Americans this American dream ed by this bill are critical to our ongo- Mrs. SHAHEEN. Mr. President, I ask has turned into the American night- ing efforts both to support the eco- unanimous consent that the order for mare. We have to put a stop to it. nomic recovery and to provide a safety the quorum call be rescinded. We make a strong contribution in net to the most vulnerable who have The PRESIDING OFFICER. Without this bill toward giving the able leaders been impacted by the economic down- objection, it is so ordered. in HUD, FHA, and in the IG the re- turn. Specifically, this bill provides (The remarks of Mrs. SHAHEEN are sources to deal with it. critical funding to our States and local printed in today’s RECORD under ‘‘Re- Again, I thank my chair and her very communities for transportation infra- membering Senator Edward M. Ken- good staff for all the hard work. While structure investments and for ensuring nedy.’’) it is not perfect, it is very good legisla- the safety of our transportation sys- f tem. This bill also provides housing tion. I look forward to joining with my DEDICATION OF MEMORIAL TO and services to our most vulnerable partner, Senator MURRAY, in sup- FLIGHT 93 porting this legislation. constituents and supports the efforts of I yield the floor. our local communities as they con- Mr. ISAKSON. Mr. President, the The PRESIDING OFFICER. The Sen- tinue to address the impacts of the Senate this week, and the whole ator from Washington State. foreclosure crisis. world—or at least the United States of Mrs. MURRAY. Mr. President, I The two managers of this bill, Sen- America, and I wish the whole world— thank Senator BOND, who has been, as ators MURRAY and BOND, have worked were remembering back to what hap- I said, a good partner working with me diligently to offer a strong bipartisan pened on 9/11/2001 in the United States. on this critical bill. bill that tackles lingering major eco- Yesterday, most appropriately in this Again, we are on the floor this after- nomic issues, and they have succeeded Capitol, just outside of the Rotunda, noon. We are ready and able to go to in doing so with limited resources. The the Senate and the House jointly dedi- work if our colleagues would come and committee supported their rec- cated an outstanding memorial to file their amendments. I think Senator ommendations unanimously, and the those passengers on United Flight 93, BOND and I would be happy to move to bill was reported out of the Appropria- where 33 passengers risked and lost third reading and pass the bill if no- tions Committee on July 30 by a re- their lives but turned what was the body comes. corded vote of 30 to 0. worst day in American history—in Mr. BOND. I agree with the chair. If Members of the Senate have had the terms of the defeat—into the first vic- somebody has a good amendment, we entire month of August to review the tory of the war on terror. would sure like to see it and get start- committee’s recommendations. This On that plane were many Americans ed on it. Because the sooner you get bill is the fifth fiscal year 2010 Appro- who at the last minute had changed here, the better consideration and, I priations Bill to be considered by the their flights. They weren’t originally might hasten to add, possibly the more Senate, and while we are making scheduled to take that plane but favorable consideration you will re- steady progress, we have much work changed it for various reasons. Maybe ceive. ahead of us. Therefore, given that it was fate. Don’t know what it was. I know there are some potentially Members have had the last month to But one of the individuals on that good ideas lurking out there. So bring review the bill, if a Member has an flight was Georgine Corrigan. Georgine the good ideas now. If you have some amendment, I encourage them to come Corrigan lived in Honolulu. Georgine ideas that are not so good, you can to the floor today and offer it. We have Corrigan was really a world renowned wait to the end and we will see if we seven remaining bills ready for imme- antiques dealer. Georgine Corrigan was can close it out. diate consideration after this one. I the sister of Robert Marisay. Robert Mrs. MURRAY. I assure my col- therefore encourage my colleagues not Marisay lives in Woodstock, GA. Yes- leagues the Senator gets grouchier the to delay action on this bill. terday, for the first time in my life, I longer he is out here. f had the occasion to meet him as he Mr. BOND. There is a declining level MORNING BUSINESS traveled to Washington to see the un- of tolerance, I have noticed, sometimes veiling of that remarkable marker now Mrs. MURRAY. Mr. President, I ask hanging in the Capitol. when people are on the floor. So I join unanimous consent that the Senate and urge the request to all our col- In the few moments I had to share proceed to a period of morning business with him, he shared with me his love leagues to come and offer such amend- with Senators allowed to speak for up ments as they choose to offer. for his sister but also his profound to 10 minutes each. pride in what those people on that Mrs. MURRAY. I suggest the absence The PRESIDING OFFICER. Without plane had done that day. Many of us of a quorum. objection, it is so ordered. The PRESIDING OFFICER. The The Senator from West Virginia is who are here today in the Capitol may clerk will call the roll. recognized. not, in fact, have been here in this Cap- The legislative clerk proceeded to Mr. ROCKEFELLER. Mr. President, itol today had they not been able to call the roll. we are in morning business, are we take that plane down and take it away Mr. ISAKSON. Mr. President, I ask not? from the terrorists who had hijacked unanimous consent that the order for The PRESIDING OFFICER. We are in it. the quorum call be rescinded. morning business. So as we remember the tragedy of The PRESIDING OFFICER. Without Mr. ROCKEFELLER. I thank the 9/11, as we recommit ourselves as objection, it is so ordered. Presiding Officer. I ask unanimous con- Americans to never, ever having an in- Mr. ISAKSON. Mr. President, I ask sent that the statement I am about to cident like that happen again, it is im- unanimous consent to be able to speak make about Senator Kennedy be placed portant that we remember each and as in morning business. in the RECORD along with the other every individual who lost their life in The PRESIDING OFFICER (Mr. statements that were made about him the tragedies of 9/11, whether it was in WHITEHOUSE). Without objection, it is so that it can be a grouping. New York City, at the Pentagon, or in so ordered. The PRESIDING OFFICER. Without Shanksville, PA. It was a tragic day in (The remarks of Mr. ISAKSON are objection, it is so ordered. our country, a day that opened with printed in today’s RECORD under (The remarks of Mr. ROCKEFELLER great hope, with blue skies on a warm ‘‘Morning Business.’’) are printed in today’s RECORD under autumn day with a crisp autumn

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9256 CONGRESSIONAL RECORD — SENATE September 10, 2009 breeze, and ended as the most tragic of Georgia, unemployment is 10.3 per- But let’s get all the facts on the day in American history. cent. In the United States of America, table. Let’s get a forensic audit so I am proud of the Senate and the the average home—47 percent of when we move we move with due House for the honor they bestowed them—is worth less than is owed upon knowledge and in due course. The big- upon Fight 93 yesterday, and I encour- the house. That is a very bad situation gest mistake in Sarbanes-Oxley a num- age all in this body to never, ever for- which over a protracted period of time ber of years ago was a rush to judg- get the tragedy of that day and to will continue to suppress consumer ment in reaction to Bernie Ebbers and renew our commitment to see to it confidence and keep us at a low point Ken Lay. Sarbanes-Oxley, although that it never happens again. in our economy. needed and appropriate, reached fur- f There are many ideas about what ther probably than it should have in a should be done, but I want to talk to- number of cases. The same potential TRIBUTE TO MELANIE OUDIN night about two things. One is some- lies again in terms of financial reform Mr. ISAKSON. Mr. President, this is thing that has already been done by if we move too quickly or precipitously a happy tribute to a young lady by the this Senate and the House and signed or without all of the information. So in name of Melanie Oudin. Melanie is 17 by the President and one is something the interest of our economy, let’s wait years old. She was born in my home- I hope between now and November 30, for this report to come back before we town of Marietta, GA. She has a pair of the Senate, the House, and the Presi- rush to judgment. tennis shoes that have the word ‘‘be- dent can do. Now, secondly, on the 30th of Novem- lieve’’ on them. She started competing First, in terms of what we have done. ber, the first-time home buyer tax in tennis years ago. She was thought to Senator CONRAD of North Dakota credit that passed this body last July be pretty good, so her parents—from joined with me in introducing a piece and was amended in February expires. the seventh grade on—home schooled of legislation known as the Financial The first-time home buyer credit is a her so she would have enough time Markets Crisis Commission. I enjoyed byproduct of an original bill I intro- every day to practice. a lot of support for that, including duced along with a number of Members Were they ever correct. As I am sure from the distinguished Senator from of the Senate to provide a $15,000 credit the President knows, a few weeks ago, Rhode Island. The appointees have to anybody buying and occupying a at Wimbledon, this amazing young been made. It is a bipartisan commis- home in America as their principal res- lady—17 years old, 5-foot-6—took on sion, has a budget of $5 million, has idence. It got parsed down and finally, the world of tennis and moved through subpoena powers—everything the 9/11 in negotiations, became a first-time the fourth round at Wimbledon. Along Commission had—and has an unbridled home buyer credit only, means tested the way, she beat none other than the charge to investigate every aspect of for incomes of $150,000 or less. It has former world No. 1, Jelena Jankovic. the financial markets, whether it is the had a positive impact on the market. She made all the newspapers and all rating agencies, the investment bank- But America does not have a first- the sports shows. ers, the regular bankers and tradi- time home buyer problem. America has But was she a flash in the pan? No. tional bankers, the GSEs such as a move-up-crisis problem. Right now, What happened this last couple of Freddie Mac and Fannie Mae, every no one who is in a house in the middle weeks in New York City at the U.S. component, and report back to us by of the market, from $200,000 to $600,000, Open proved this girl is the real deal the end of next year, which is right can sell their house. Transferees from because she advanced this time to the after the midterm elections, on what it Georgia to the State of Washington or quarter finals, again defeating top- finds happened that caused the eco- from Rhode Island to Florida are fro- seeded players and former No. 1 players nomic collapse that began last Sep- zen. They cannot sell in Rhode Island such as Maria Sharapova and Elena tember and continued to mushroom to buy in Florida. They cannot sell in Dementieva, both outstanding players until late March of this year. Atlanta to buy in Washington State. who lost to this little 5-foot 6-inch There are some who are talking of a The housing market is literally at powerhouse from Marietta, GA. rush to judgment in terms of financial gridlock. The majority of sales being She did lose in the quarter finals, but regulation. But I hope we will take a made in the last few months are short she will eventually get to the top be- pause, give this commission time to sales and foreclosures, which is de- cause she believes, she is committed, act, and let’s find out what a forensic pressing further the value of housing. she is dedicated, and she has the sup- audit tells us of what happened in The few direct arm’s-length sales that port and love of a great family. She America in our financial markets, and are taking place are, in fact, spurred on leaves soon to play in the Bell Chal- let’s respond to that after we have all at the lower end of the market by the lenge in Quebec City. She will probably the facts. I think a rush to regulatory first-time home buyer credit. move from 70th in the world to about judgment under what one might think, 45th in the world. for the best of intentions, caused the So I ask the Senate to think for a Mr. President, I am confident with problem could have the unintended second: What happens on December 1 of her dedication and commitment, she consequence of having a more difficult this year when that credit goes away to will soon rise to No. 1. I pay tribute to impact on the economy than it should. the housing market? Well, I will tell the First Lady of my hometown, the I think this body and the House acted you. I used to be in that market. The tennis player of great renown, Ms. wisely. I appreciate the President hav- worst month of the year is December, Melanie Oudin. ing signed it expeditiously, and I com- to begin with. Housing purchases are seasonal, and in the winter, December, f mend the majority leader, the minority leader, the Banking Committee chair- January, and February are always the FINANCIAL MARKETS AND man, the ranking member, the Speaker low months. If you take away the sin- HOUSING of the House, the Republican leader in gle impetus that exists, what do you Mr. ISAKSON. Mr. President, last the House, and the majority leader in have? Nothing more than short sales night the President of the United the House for making outstanding ap- and foreclosures and a continuing de- States, in the preface to his address on pointments. cline in equities and values. health care, addressed our economy The appointees to this commission But if before that expiration date and the current state of affairs. I think could not be elected officials and they takes place the Senate could take a le- he made a very accurate assessment could not work for the government. gitimate look at what is in the best in- that we had hit the bottom and we They have to be people knowledgable terest of moving our economy off the were on the bottom. The question that in the field of finance. They are 10 of acknowledged bottom where we are lies before us is how we move from the the brightest minds in our country. I today, it is fixing the one thing that bottom in this economic time back to have my ideas. I am sure the Presiding led us into our difficulty, and that was a period of prosperity. Officer has his ideas. I think every the collapse of the housing market. Although unemployment applica- Member of the Senate has ideas about I would submit if we took the $8,000 tions for benefits are down, they are what did go wrong last year and what housing tax credit for first-time home still extraordinarily high. In my State we need to do to correct it. buyers, extended it to $10,000, made it

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9257 eligible to anybody who bought and oc- that Senator BINGAMAN and Senator new horse to begin its training for a cupied a house as their principal resi- MURKOWSKI, the chairman and ranking life of pleasure riding. Mustang adopt- dence, whether it was their first pur- member of the Committee on Energy ers who lack the experience to train a chase or their tenth purchase, we and Natural Resources, and Senator wild horse themselves or who lack the would move more real estate and move WYDEN and Senator BARRASSO, the resources to pay for expert help may be more impetus to the housing market chairman and ranking member of the overwhelmed, often to the detriment of than it has seen in the past 24 months. Subcommittee on Public Lands and the horse. For these reasons, older As we do that, consumer confidence Forests, will consider the merits of this mustangs, those adult horses that have comes back, equities and values come bill and move it to the Senate floor. spent 5 or more years living in the back, the borrowing power of the S. 1579 and H.R. 1018 address a di- wild, are among the least adoptable of American public comes back, and our lemma faced by the Bureau of Land BLM’s charges. These adult horses economy comes back. Failure to do so Management and the Forest Service, make up the bulk of the 22,000 mus- and we remain in a quagmire where we which since 1971 have been charged tangs in long-term pasture holding fa- are today, which is no legitimate sales, with overseeing the Nation’s herds of cilities. declining values, a loss of equity, and a wild, free-roaming horses and burros. So what are we to do about these continuing high unemployment rate In 1971, wild horses and burros beautiful icons of the American West? roamed across 53.5 million acres of and a continued depressed market- The law provides the BLM with the largely Federal lands in the western place. authority to kill those excess horses United States. Since that time, the So as we come back from our August and burros that are not adopted after range available to these wild herds has break, as we begin to look forward, as three attempts or which are older than decreased, dwindling to some 34 million we look at the end of the year, as we 10 years old. The BLM also has the au- acres, much of it very arid, with sparse look at those things that are termi- thority to sell those animals ‘‘without vegetation. Yet the wild herds have not nating, those things that need to be limitation,’’ meaning without restric- only managed to hold their own in considered, let’s pause for a second and tions on those horses being sent to these rugged conditions, they have realize the good that the tax credit has slaughter plants in Mexico or Canada. grown. When the populations exceed The BLM has hesitated to use these au- done so far, as limited as it was, and the carrying capacity of the land, the let’s make it better. Let’s extend it to thorities because of the public’s revul- BLM conducts ‘‘gathers’’ or round-ups, sion to the idea of their government July 1. Let’s make it $10,000. Let’s take and removes horses and burros from the means test off. Let’s give an impe- killing otherwise healthy and beautiful wild. These wild equines are then of- wild horses. The Government Account- tus to the move-up market. If we do, fered for adoption to the general pub- ability Office has pointed out that this values will return, unemployment will lic. puts BLM out of compliance with the go down, our economy will turn, and That sounds like a storybook solu- consumer price confidence will go up. I tion to the management of the wild law and raises the program’s costs. I share in the revulsion of the pros- would submit it is a part of the main herds: save wild horses from starving pect of killing wild horses, as, I sus- solution we need to take an economy on the range and place them in caring pect, many in the BLM do as well. But that is on the bottom and move it back homes with horse-loving American the consequence of that revulsion is toward equilibrium and prosperity for citizens. The problem is, in 2009, BLM the climbing costs to house and feed America. estimates that more than 10,000 wild what is now a population of 22,000 wild f horses and burros need to be removed from Federal rangelands. That is in ad- horses in long-term holding facilities. DISCLOSURE OF CONGRESSION- dition to the 31,000 wild horses and bur- The long-term holding facilities are al- ALLY DIRECTED SPENDING ros that have already been pulled from ready over capacity and the costs are ITEMS the range and that are being held in consuming most of BLM’s funding for Mr. INOUYE. Mr. President, I submit short- and long-term holding facilities the wild horse and burro management pursuant to Senate rules a report, and by the BLM. There are as many wild program, and they are only going to I ask unanimous consent that it be horses and burros being held off the rise. The solution to preventing wild printed in the RECORD. range as live on the range, according to horses and burros from overcrowding There being no objection the mate- BLM statistics cited by the Govern- the open range is not to overcrowd rial was ordered to be printed in the ment Accountability Office. them in fenced-in pastures. S. 1579 and H.R. 1018 would revise the RECORD, as follows: Even in the best economic times, there are not 10,000 people, let alone Wild Free-Roaming Horse and Burro DISCLOSURE OF CONGRESSIONALLY DIRECTED Act to provide BLM and the Forest SPENDING ITEMS 30,000 people, willing to take on the challenge, rewarding as it might be, of Service with additional tools to man- I certify that the information required by age the wild horse and burro popu- rule XLIV of the Standing Rules of the Sen- bringing a wild horse home to live with ate related to congressionally directed them. And these are not the best eco- lations in ways that preserve a thriv- spending items has been identified in the nomic times. Horse rescues and sanc- ing ecological balance. They also pro- committee report which accompanies H.R. tuaries are overwhelmed by horses do- hibit the killing or sale for slaughter of 3288 and that the required information has nated by owners unable to care for wild horses and burros. been available on a publicly accessible con- them. The news services report regu- The bills give the BLM the authority gressional website at least 48 hours before a larly on horses that are rescued from to restore wild horse and burro ranges vote on the pending bill. starving conditions or which have been by purchasing or acquiring equivalent f abandoned by their owners. land, with a goal of returning range- (At the request of Mr. REID, the fol- Adopting a wild horse or burro is not lands to something approaching the 53 lowing statement was ordered to be to be undertaken lightly. BLM require- million acres available to the wild printed in the RECORD.) ments for housing a newly adopted wild herds in 1971. Current law does not horse call for sturdy wood or pole fenc- allow BLM to acquire land for horses RESTORE OUR WILD MUSTANGS ing at least 6 feet high. BLM staff or and burros that might not be in the ACT contractors will load the adopted horse same location occupied by wild horses ∑ Mr. BYRD. Mr. President, on August into an open stock-type trailer only, prior to 1971. 5, I was pleased to introduce a Senate because these are not horses that can Increasing the size of the range avail- companion to H.R. 1018, the Restore be led gently up a ramp into a divided able to the herds means that fewer ani- Our American Mustang Act that was stall type trailer like a domestic show mals will need to removed in order to introduced by my good friend, Rep- horse. Once they arrive home, adopters maintain the land in good health. Free- resentative NICK RAHALL, in February must face the challenge of unloading a roaming wild horses and burros do not 2009. On July 20, the ROAM Act passed scared and wild animal from the trailer have to be fed and maintained in long- the House of Representatives and was and into its new enclosure. term holding facilities. This also would referred to the Senate Committee on It may be months before the proud reduce the number of wild horses and Energy and Natural Resources. I hope new owner can even put a hand on his burros available for adoption, bringing

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9258 CONGRESSIONAL RECORD — SENATE September 10, 2009 the supply of wild horses in line with is the sign of a true leader who was EMPOWERING THE PUBLIC’S the more limited number of homes dedicated both to the mission and to RIGHT TO KNOW available to them. the development of his subordinates. Mr. LEAHY. Mr. President, if infor- S. 1579 and H.R. 1018 also provide In admiration of his committed serv- mation is power, then an informed pub- BLM managers with enhanced manage- ice and ultimate sacrifice, his col- lic is certainly an ingredient that helps ment tools and greater emphasis on leagues on the Joint Staff in the Pen- make government work better and emerging medical controls like long- tagon will pay tribute to him later this more responsively for the people. term contraception to help keep herd month by naming a conference room in I have always had a keen interest in sizes proportionate to the available his honor. I believe that it is a fitting technology and the Internet, so it has grazing. It also puts greater emphasis homage to an individual who rep- been encouraging to see the commit- on the adoption program by encour- resented the best of what an airman ment and skill that the Obama admin- aging greater involvement from pri- and officer should be. It is good that istration has invested in applying in- vate, not-for-profit organizations that our military leaders in the Pentagon formation technology to the functions specialize in equine adoption and ther- will remember the sacrifice this great of government. One of the clearest ex- apy programs. American made for his country and amples of this has been in the innova- Most Americans value our Nation’s strive to honor his commitment in the tive release of data about funds appro- great Western heritage. Our idea of the way our military operations are car- priated under the American Recovery wild, wild West is synonymous with ried out. and Reinvestment Act—the so-called wild horses thundering through great My thoughts and prayers are with his economic stimulus package. It is all open spaces. Our images of dusty, wife Jennifer; their three young chil- the more encouraging to see the way scruffy prospectors are not complete dren Delaney, Jake, and A.J.; his these efforts have spawned complemen- without the requisite patient burro at mother Jan York and her husband tary initiatives by private foundations his side. A hundred years ago, 2 million Buddy; his brothers, Michael Stratton and entrepreneurs. wild horses lived on the range—now, and Frankie Little; as well as his many As a Vermonter I am especially there are fewer than 35,000. We want to friends and fellow warriors as they con- proud that a project called preserve our wild herds and to keep tinue to grieve the loss of this great ThisWeKnow.org became a top-three fi- them forever wild. We can achieve that man. This is an incalculable loss for nalist in the Apps for America 2: The goal, but we need to provide BLM and them, but I know that they will be able Data.gov Challenge, sponsored by The the Forest Service with a more robust to take wonderful lessons from the way Sunlight Foundation, which asked con- toolkit for long-term sustainable herd he lead his life both publicly and pri- testants to produce Web applications management. vately. They will also be able to take I urge my colleagues to support S. to showcase the benefits of sharing comfort from the great heritage he Federal Government data with the pub- 1579 and move to ensure the long-term leaves to his family and to his Nation. future of America’s wild horses and lic. ThisWeKnow.org, along with the burros. f other two finalists, showcased their Web sites this week in the Nation’s f TRIBUTE TO SENATOR MEL Capital, at the Gov 2.0 Expo Showcase. HONORING OUR ARMED FORCES MARTINEZ ThisWeKnow.org was selected as one LIEUTENANT COLONEL MARK STRATTON Mr. DODD. Mr. President, I rise to of the three finalists out of 47 applica- Mr. SESSIONS. Mr. President, I rise speak about my friend and colleague, tions submitted. ThisWeKnow.org was today to pay tribute to a wonderful Al- Mel Martinez, who is leaving the Sen- built by GreenRiver.org and abamian and American, LTC Mark ate this week. Intellidimension of Brattleboro, VT, to Stratton, 39, of Foley, AL, who was Senator Martinez has a story unlike empower citizens to enter in their loca- killed in Afghanistan on Memorial Day that of any of us who serve in this tions and to explore data related to this year and laid to rest among the body. He came to this country from their communities from across Federal heroes at Arlington National Cemetery Cuba without his parents at age 15 as agencies. Their site offers citizens one- in June. Lieutenant Colonel Stratton part of a humanitarian effort. And as stop shopping for information available was serving as commander of a Provin- the first Cuban-American Senator, he to them about their own towns, States cial Reconstruction Team, PRT, and has always maintained a thoughtful and communities. was killed when an improvised explo- and unique perspective on Cuba policy, The public’s right to know is a cor- sive device, IED, detonated as his con- one that I have always enjoyed hearing nerstone of our democracy. By using voy was passing. and considering. technology, a site such as this can pro- Having had the privilege of attending As chairman of the Banking, Hous- vide citizens with access to data that is Lieutenant Colonel Stratton’s funeral ing, and Urban Affairs Committee, I relevant to them and that can enable and hearing the stories told by his fam- was pleased to have Senator Martinez and encourage them to make informed ily members and those who had worked as part of that panel. It is not often decisions. This site is designed to make with him, it is clear that Lieutenant you get a Secretary of Housing and what was once a difficult and time-con- Colonel Stratton was a man of honor Urban Development sharing his exper- suming process into a faster and more who took great pride in his service to tise in a Senate committee. streamlined experience. our Nation. He worked tirelessly to address the ThisWeKnow.org was designed and In my conversations with his mother, crisis of homelessness, and I have been developed by Michael Knapp, managing Mrs. Jan York, she described her son as proud to work alongside him on some director of GreenRiver.org, and Derrish ‘‘good, determined, focused and he of the housing measures we have Repchick, vice president of Product loved God, he loved America and loved passed over the past couple of years. He Development at Intellidimension, who the Air Force. He accomplished so has been enormously helpful and coop- are in Washington to attend the Gov 2.0 much.’’ She also described how proud erative as a member of my committee, events this week. Although they did he was, as a leader of his PRT, to have and we will miss his perspective. not win the grand prize, we congratu- completed an important road project. Senator Martinez and I didn’t agree late them for all of their hard work and He was proud because he knew it was a on every issue, or even most issues. their public spirit, and encourage them project of permanence that would ben- What we shared was a deep love for this to continue their efforts to promote a efit the lives of the people of the area. amazing country, a deep respect for more accessible and open government. This is so typical of the patriotic self- this institution, and a strong working I ask unanimous consent that a copy less attitude of our magnificent mili- relationship. Wherever Senator Mar- of a September 8 article from The tary personnel. tinez’s remarkable life takes him next, Brattleboro Reformer be printed in the His colleague and friend, Lieutenant I know that the citizens of his beloved RECORD. Colonel Risner said of him, ‘‘He put the Florida are grateful for his service and There being no objection, the mate- airmen that he was supervising or lead- will join me in wishing him and his rial was ordered to be printed in the ing first, every step of the way.’’ This family nothing but the best. RECORD as follows:

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9259 [From the Brattleboro Reformer, Sept. 8, fastest way to implement change is by get- ADDITIONAL STATEMENTS 2009] ting them the information they need to de- YOUR GOVERNMENT, ONLINE! mand it. (By Howard Weiss-Tisman) ‘‘We didn’t do this for the money,’’ Knapp CONGRATULATING CAROLINE said about the $10,000 prize that will go to BRATTLEBORO.—Michael Knapp thinks the FORD the winner. ‘‘We want to break down all the government can do a better job of getting ∑ Mr. BUNNING. Mr. President, I wish data into the hands of average Americans. separate silos of information and have people make connections. We did this because we to congratulate and recognize a distin- Knapp, who is Managing Director of guished Kentuckian, 12-year-old Caro- GreenRiver.org, a Brattleboro software de- believe technology can make a better future velopment company, believes that social for everybody.’’ line Ford, a student at Bowling Green change will come after more citizens learn Voting for the best application is being Christian Academy, who was recently more about their government and he’s got a done online at www.sunlightlabs.com. named a 2009 National Junior Forensic plan to make that happen. League Championship award winner in GreenRiver.org, along with Intellidimen- f San Antonio, TX. sion, another Brattleboro high tech com- The National Forensic League is a pany, is one of three finalists in a national RECOGNIZING THE PEASE nonprofit, nonpartisan educational competition to help the U.S. government re- honor society, with alumni that in- vamp how it gets information into the hands GREETERS of the public. clude Oprah Winfrey, President Lyndon The two Southern Vermont companies Mr. GREGG. Mr. President, I rise B. Johnson, Vice President Hubert H. joined together to design a Web site that today to recognize the Pease Greeters Humphrey, Supreme Court Justice Ste- would make it easier for citizens to access for their consistent and unwavering phen Bryer, and countless other mem- the thousands of pages of data that the var- support for our brave men and women bers in government, academia, and ious government agencies produce every in uniform passing through New Hamp- business. Policy debate, interpretation year. shire on their way to combat assign- of dramatic literature, and com- And the two small Main Street firms, ments in Iraq and Afghanistan or re- mentary are just examples of the types which went up against 46 other mostly larger and more heavily financed companies from turning home to their loved ones. The of competitions offered by the National all over the United States, now have a Pease Greeters provide a loud and wel- Forensic League. chance to meet with some powerful Wash- coming voice not only to servicemem- As a participant at one of the most ington insiders to change how government bers from New Hampshire but to all of prestigious forensic competitions, information is delivered to the public. the soldiers, sailors, Marines and air- Caroline competed against over 100 stu- ‘‘Too much data produces nothing but men who pass through the Pease Air dents from the United States and other noise. But if we can get information into Terminal in Portsmouth, NH. nations. Her awards include first place people’s hands that is presented well and clearly and accurately people will make During the Spring of 2005, when mem- in the original oratory competition and more informed decisions,’’ Knapp said from bers of the Seacoast Detachment of the second place in the original poetry his office overlooking the Connecticut River. Marine Corps League met a flight re- competition. ‘‘We’re trying to help people make connec- turning from the Middle East, no one I would like to once again congratu- tions, so they can start to take control of could have known that this small vol- late Ms. Caroline Ford for being named their communities.’’ unteer group of veterans and citizens a 2009 National Junior Forensic League Knapp and his cohorts entered the Apps for would be the nucleus of a group that Championship award winner. She is America contest, which is sponsored by The truly an inspiration to all Kentuck- Sunlight Foundation, a non-partisan Wash- has met every one of the more than 130 flights landing in New Hampshire, how- ians, and I wish her the best of luck in ington group dedicated to increasing govern- ∑ ment transparency. ever briefly, with soldiers heading to or her future endeavors. The Brattleboro companies developed their returning from combat operations f Web site, ThisWeKnow.org, that allows the overseas. The Greeters, now numbering REMEMBERING KEN BACON user to enter a location in the search engine. over 200 members, have helped to en- ∑ Reports from across the government that sure that each of the thousands of serv- Mr. FEINGOLD. Mr. President, I was have recorded information on that location deeply saddened to learn of the death are gathered and the user can compare, for icemembers has received the welcome home and best wishes that they so of Ken Bacon on August 15. While Ken instance, a town’s cancer rate with the toxic had distinguished careers in both jour- chemicals released by nearby factories and richly deserve. nalism and public service, it is his ten- political contributions to area lawmakers. The Pease Greeters travel from all ure as the head of Refugees Inter- Knapp said all of the various government over New Hampshire to meet every national that I would like to highlight. agencies issue the reports and put out press military flight in to Pease, at any releases occasionally on the data, but the In that capacity, Ken became one of hour, day or night. Arriving troops are Web site ‘‘takes the middleman out of the in- the world’s leading advocates for refu- met with applause, handshakes, and a formation presentation. Instead of the agen- gees and displaced persons. By adapt- boisterous welcome, and if the flight is cies controlling the story,’’ Knapp said, ‘‘you ing and challenging his own organiza- taking them into a combat area, the get to tell the story.’’ tion, he changed the global discussion Intellidimension Vice President of Product Pease Greeters assure them that they on refugees and their rights, most re- Development, Derrish Repchick, said the two will be met right there upon their safe cently with his focus on those dis- companies put in weeks worth of work devel- return. These honored guests are pro- placed by climate change. oping the site. They are flying to Wash- vided with refreshments and the oppor- ington next week to present their site, and Whether focused on the Democratic tunity to make free phone calls to Vivek Kundra, the Obama Administration’s Republic of the Congo, Afghanistan, or their loved ones. Each of these events Federal Chief Information Officer, is ex- Iraq, Ken called upon the international has been recorded and the photographs pected to check out the work of the three fi- community to take seriously the plight line the Pease Air Terminal Hall that nalists. of those caught in the midst of con- ‘‘It was a huge amount of data we had to is known as the ‘‘Heroes Walk.’’ flict—innocent people losing their work with. It was a challenge,’’ said It is my privilege to recognize the Repchick, who was responsible for the back homes, separated from their families, end of the Web site where all of the data is time and energy these men and women and sometimes forced to forfeit their accessed. ‘‘It was also fun and it gets some of the Pease Greeters have devoted and dignity to save their lives. As recently pretty important eyeballs on you.’’ continue to devote to assuring our as June, Ken testified before a com- Knapp is a big fan of what the Obama Ad- Armed Forces that their country and mittee of the House of Representatives ministration has done to make government its citizens appreciate the sacrifices regarding the millions of Pakistanis more transparent but he said there are still they and their families are making on displaced by fighting in the North West countless amounts of information out there our behalf. Thank you to each and Frontier Province. He spoke power- that should be more readily available. every member of the Pease Greeters for The winner of the contest will not nec- fully: essarily win a government contract but providing such a warm welcome home This is not merely a question of funding, Knapp said the contest and his site is one to those returning and a warm memory though the humanitarian assistance and re- more way to get every citizen in the country of home to those departing to carry out construction efforts will need robust finan- to realize that it is their government and the their missions. cial commitments. The United States also

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9260 CONGRESSIONAL RECORD — SENATE September 10, 2009 needs to be seen as rising above military ob- of young people who are connecting Ms. Niland, one of its reading clerks, jectives and showing genuine concern for the with their communities and volun- announced that the House has passed fate of civilians. teering their time. Thirteen Yards To the following bills, in which it requests Under his watch, the alarm was Victory is just one example of what is the concurrence of the Senate: sounded early and repeatedly on the happening all across the country. H.R. 445. An act to establish a research, de- situation in Darfur, and he challenged I wish Anthony, Vinny, Thomas, velopment, demonstration, and commercial the global community to act to provide Ryan, and Dave all the best with Amer- application program to promote research of protection, aid and even resettlement ican Dreamers. I hope it makes Amer- appropriate technologies for heavy duty in some cases for Iraqis displaced by ican Dreamers out of us all. And I hope plug-in hybrid vehicles, and for other pur- war. Drawing on his experience in a their music will be a part of the sound- poses. refugee camp in the Balkans in 1999, H.R. 2053. An act to designate the United track of the social change taking place States courthouse located at 525 Magoffin Ken humanized masses of people, in America today.∑ Avenue in El Paso, Texas, as the ‘‘Albert stressing that while displaced families f Armendariz, Sr. United States Courthouse’’. need immediate relief, ‘‘in time [they] H.R. 2097. An act to require the Secretary will require renewed confidence and MESSAGES FROM THE PRESIDENT of the Treasury to mint coins in commemo- support to return home in safety and Messages from the President of the ration of the bicentennial of the writing of dignity.’’ United States were communicated to the Star-Spangled Banner, and for other pur- Ken will be missed by all those who the Senate by Mr. Williams, one of his poses. had the opportunity to know him as secretaries. H.R. 2121. An act to authorize the Adminis- trator of General Services to convey a parcel well as by the millions who have been, f of real property in Galveston, Texas, to the and will continue to be, impacted by EXECUTIVE MESSAGES REFERRED Galveston Historical Foundation. his work. We pay tribute to him by H.R. 2498. An act to designate the Federal continuing his work to ensure that the As in executive session the Presiding building located at 844 North Rush Street in basic rights of displaced peoples are Officer laid before the Senate messages Chicago, Illinois, as the ‘‘William O. Lipinski protected, that their basic needs are from the President of the United Federal Building’’. met, and that they have the support to States submitting sundry nominations H.R. 2571. An act to streamline the regula- ultimately return home in safety and which were referred to the appropriate tion of nonadmitted insurance and reinsur- ∑ committees. ance, and for other purposes. dignity. H.R. 2664. An act to require annual oral f (The nominations received today are testimony before the Financial Committee printed at the end of the Senate pro- THIRTEEN YARDS TO VICTORY of the Chairperson or a designee of the Chair- ceedings.) person of the Securities and Exchange Com- ∑ Mr. KERRY. Mr. President, through- f mission, the Financial Accounting Standards out American history, music has al- Board, and the Public Company Accounting REPORT RELATIVE TO THE CON- ways been a harbinger of social change. Oversight Board, relating to their efforts to TINUATION OF THE NATIONAL I experienced it first hand during the promote transparency in financial reporting. EMERGENCY WITH RESPECT TO 1960s and early 1970s when a generation H.R. 3165. An act to provide for a program THE TERRORIST ATTACKS ON of wind energy research, development, and of Americans began marching—march- THE UNITED STATES OF SEP- demonstration, and for other purposes. ing for civil rights, social justice, and TEMBER 11, 2001—PM 30 H.R. 3193. An act to designate the United an end to the Vietnam war. For many States courthouse under construction at 101 Americans, that period of our coun- The PRESIDING OFFICER laid be- South United States Route 1 in Fort Pierce, try’s history comes with its own sound- fore the Senate the following message Florida, as the ‘‘Alto Lee Adams, Sr., United track. from the President of the United States Courthouse’’. That is why it is so encouraging to States, together with an accompanying The message also announced that the me to see what is happening with the report; which was referred to the Com- House has agreed to the following con- Thirteen Yards To Victory, a band mittee on Banking, Housing, and current resolutions, in which it re- from my home State of Massachusetts. Urban Affairs: quests the concurrence of the Senate: This remarkable group of young people To the Congress of the United States: H. Con. Res. 136. Concurrent resolution au- is dedicated to helping others. They are Section 202(d) of the National Emer- thorizing the use of the Capitol Grounds for donating all the profits from their up- gencies Act, 50 U.S.C. 1622(d), provides a celebration of Citizenship Day. coming release of American Dreamers for the automatic termination of a na- H. Con. Res. 167. Concurrent resolution to benefit arts and music education supporting the goals and ideals of National tional emergency unless, prior to the Aerospace Day, and for other purposes. programs across the country. They are anniversary date of its declaration, the ENROLLED JOINT RESOLUTION SIGNED setting a wonderful example for their President publishes in the Federal Reg- At 3:29 p.m., a message from the peers—showing them that everybody ister and transmits to the Congress a House of Representatives, delivered by has the capacity to make a positive dif- notice stating that the emergency is to Mrs. Cole, one of its reading clerks, an- ference in their very own way. Because continue in effect beyond the anniver- nounced that the Speaker has signed of what they are doing, more of our sary date. Consistent with this provi- the following enrolled joint resolution: youth will be able to enjoy and learn sion, I have sent to the Federal Register about the arts and develop their own the enclosed notice, stating that the S.J. Res. 9. Joint resolution providing for the appointment of France A. Co´ rdova as a skills. emergency declared with respect to the This, really, is nothing new for the citizen regent of the Board of Regents of the terrorist attacks on the United States Smithsonian. members of Thirteen Yards To Vic- of September 11, 2001, is to continue in tory—Anthony DiPerri, Vinny effect for an additional year. At 5:55 p.m., a message from the Prezioso, Thomas Iannello, Ryan The terrorist threat that led to the House of Representatives, delivered by Passariello, and Dave Rossi. This is declaration on September 14, 2001, of a Mrs. Cole, one of its reading clerks, an- only the latest occasion in which they national emergency continues. For this nounced that the House has passed the have been recognized for their dedica- reason, I have determined that it is following bill, in which it requests the tion to others and their unique ap- necessary to continue in effect after concurrence of the Senate: proaches which makes their projects so September 14, 2009, the national emer- H.R. 965. An act to amend the Chesapeake successful. gency with respect to the terrorist Bay Initiative Act of 1998 to provide for the They are not alone in such efforts, threat. continuing authorization of the Chesapeake however. Volunteers in our community BARACK OBAMA. Bay Gateways and Watertrails Network. play an invaluable role in helping those THE WHITE HOUSE, September 10, 2009. f in need and strengthening the founda- f tion of our society. In fact, nearly 62 MEASURES REFERRED million Americans volunteered at some MESSAGES FROM THE HOUSE The following bills were read the first point last year. I am particularly en- At 1:14 p.m., a message from the and the second times by unanimous couraged by the increase in the number House of Representatives, delivered by consent, and referred as indicated:

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9261 H.R. 445. An act to establish a research, de- ting, pursuant to law, the report of a rule en- President of the Senate on September 9, 2009; velopment, demonstration, and commercial titled ‘‘Spinetoram; Pesticide Tolerances’’ to the Committee on Agriculture, Nutrition, application program to promote research of (FRL No. 8426–9) received in the Office of the and Forestry. appropriate technologies for heavy duty President of the Senate on August 6, 2009; to EC–2810. A communication from the Direc- plug-in hybrid vehicles, and for other pur- the Committee on Agriculture, Nutrition, tor of the Regulatory Management Division, poses; to the Committee on Energy and Nat- and Forestry. Office of Policy, Economics, and Innovation, ural Resources. EC–2802. A communication from the Direc- Environmental Protection Agency, transmit- H.R. 2053. An act to designate the United tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- States courthouse located at 525 Magoffin Office of Policy, Economics, and Innovation, titled ‘‘Acetochlor; Pesticide Tolerances’’ Avenue in El Paso, Texas, as the ‘‘Albert Environmental Protection Agency, transmit- (FRL No. 8434–1) received in the Office of the Armendariz, Sr., United States Courthouse’’; ting, pursuant to law, the report of a rule en- President of the Senate on September 9, 2009; to the Committee on Environment and Pub- titled ‘‘Inert Ingredients; Extension of Effec- to the Committee on Agriculture, Nutrition, lic Works. tive Date of Revocation of Certain Tolerance and Forestry. EC–2811. A communication from the Direc- H.R. 2097. An act to require the Secretary Exemptions with Insufficient Data for Reas- tor of the Regulatory Management Division, of the Treasury to mint coins in commemo- sessment’’ (FRL No. 8431–8) received in the Office of Policy, Economics, and Innovation, ration of the bicentennial of the writing of Office of the President of the Senate on Au- Environmental Protection Agency, transmit- gust 6, 2009; to the Committee on Agri- the Star-Spangled Banner, and for other pur- ting, pursuant to law, the report of a rule en- culture, Nutrition, and Forestry. poses; to the Committee on Banking, Hous- titled ‘‘Pesticide Tolerance Nomenclature ing, and Urban Affairs. EC–2803. A communication from the Direc- tor of the Regulatory Management Division, Changes; Technical Amendment’’ (FRL No. H.R. 2121. To authorize the Administrator 8432–2) received in the Office of the President Office of Policy, Economics, and Innovation, of General Services to convey a parcel of real of the Senate on September 9, 2009; to the Environmental Protection Agency, transmit- property in Galveston, Texas, to the Gal- Committee on Agriculture, Nutrition, and ting, pursuant to law, the report of a rule en- veston Historical Foundation; to the Com- Forestry. mittee on Environment and Public Works. titled ‘‘Carbon Black; Exemption from the EC–2812. A communication from the Direc- H.R. 2498. An act to designate the Federal Requirement of a Tolerance’’ (FRL No. 8426– tor of the Regulatory Management Division, building located at 844 North Rush Street in 3) received in the Office of the President of Office of Policy, Economics, and Innovation, Chicago, Illinois, as the ‘‘William O. Lipinski the Senate on August 6, 2009; to the Com- Environmental Protection Agency, transmit- Federal Building’’; to the Committee on En- mittee on Agriculture, Nutrition, and For- ting, pursuant to law, the report of a rule en- vironment and Public Works. estry. titled ‘‘Methoxyfenozide; Pesticide Toler- H.R. 2571. An act to streamline the regula- EC–2804. A communication from the Direc- ances’’ (FRL No. 8433–8) received in the Of- tion of nonadmitted insurance and reinsur- tor of the Regulatory Management Division, fice of the President of the Senate on Sep- ance, and for other purposes; to the Com- Office of Policy, Economics, and Innovation, tember 9, 2009; to the Committee on Agri- mittee on Banking, Housing, and Urban Af- Environmental Protection Agency, transmit- culture, Nutrition, and Forestry. fairs. ting, pursuant to law, the report of a rule en- EC–2813. A communication from the Assist- H.R. 2664. An act to require annual oral titled ‘‘Avermectin B1 and its delta-8,9-iso- ant Secretary for Legislative Affairs, De- testimony before the Financial Services mer; Pesticide Tolerances’’ (FRL No. 8427–7) partment of State, transmitting, pursuant to Committee of the Chairperson or a designee received in the Office of the President of the law, a report consistent with the Authoriza- of the Chairperson of the Securities and Ex- Senate on August 6, 2009; to the Committee tion for Use of Military Force Against Iraq change Commission, the Financial Account- on Agriculture, Nutrition, and Forestry. Resolution of 1002 (P.L. 107–243) and the Au- ing Standards Board, and the Public Com- EC–2805. A communication from the Direc- thorization for the Use of Force Against Iraq pany Accounting Oversight Board, relating tor of the Child Nutrition Division, Food and Resolution (P.L. 102–1) for the April 15, 2009 to their efforts to promote transparency in Nutrition Service, Department of Agri- through June 15, 2009 reporting period; to the financial reporting; to the Committee on culture, transmitting, pursuant to law, the Committee on Armed Services. EC–2814. A communication from the Assist- Banking, Housing, and Urban Affairs. report of a rule entitled ‘‘School Breakfast ant Secretary, Global Strategic Affairs, De- H.R. 3165. An act to provide for a program Program: Severe Need Assistance’’ (RIN0584– partment of Defense, transmitting, pursuant of wind energy research, development, and AD50) as received during adjournment of the to law, a report relative to Cooperative demonstration, and for other purposes; to Senate in the Office of the President of the Senate on August 19, 2009; to the Committee Threat Reduction Programs; to the Com- the Committee on Energy and Natural Re- mittee on Armed Services. sources. on Agriculture, Nutrition, and Forestry. EC–2806. A communication from the Direc- EC–2815. A communication from the Sec- H.R. 3193. An act to designate the United tor of the Regulatory Management Division, retary of Defense, transmitting a report on States courthouse under construction at 101 Office of Policy, Economics, and Innovation, the approved retirement of Admiral Timothy South United States Route 1 in Fort Pierce, Environmental Protection Agency, transmit- J. Keating, United States Navy, and his ad- Florida, as the ‘‘Alto Lee Adams, Sr., United ting, pursuant to law, the report of a rule en- vancement to the grade of admiral on the re- States Courthouse’’; to the Committee on titled ‘‘Saflufenacil; Pesticide Tolerances’’ tired list; to the Committee on Armed Serv- Environment and Public Works. (FRL No. 8430–4) received in the Office of the ices. EC–2816. A communication from the Sec- The following concurrent resolution President of the Senate on September 9, 2009; retary of Defense, transmitting a report on was read, and referred as indicated: to the Committee on Agriculture, Nutrition, the approved retirement of Lieutenant Gen- and Forestry. H. Con. Res. 167. Concurrent resolution eral Gary D. Speer, United States Army, and EC–2807. A communication from the Direc- supporting the goals and ideals of National his advancement to the grade of lieutenant tor of the Regulatory Management Division, Aerospace Day, and for other purposes; to general on the retired list; to the Committee Office of Policy, Economics, and Innovation, the Committee on Commerce, Science, and on Armed Services. Transportation. Environmental Protection Agency, transmit- EC–2817. A communication from the Dep- ting, pursuant to law, the report of a rule en- uty Secretary of Defense, transmitting the f titled ‘‘Pendimethalin; Pesticide Toler- report of the authorization of (2) officers to ances’’ (FRL No . 8431–2) received in the Of- wear the authorized insignia of the grade of EXECUTIVE AND OTHER fice of the President of the Senate on Sep- COMMUNICATIONS rear admiral in accordance with title 10, tember 9, 2009; to the Committee on Agri- United States Code, section 777; to the Com- The following communications were culture, Nutrition, and Forestry. mittee on Armed Services. laid before the Senate, together with EC–2808. A communication from the Direc- EC–2818. A communication from the Dep- accompanying papers, reports, and doc- tor of the Regulatory Management Division, uty Secretary of Defense, transmitting the Office of Policy, Economics, and Innovation, uments, and were referred as indicated: report of the authorization of (16) officers to Environmental Protection Agency, transmit- wear the authorized insignia of the grade of EC–2800. A communication from the Direc- ting, pursuant to law, the report of a rule en- rear admiral in accordance with title 10, tor of the Regulatory Management Division, titled ‘‘Azinphos-methyl, Disulfoton, United States Code, section 777; to the Com- Office of Policy, Economics, and Innovation, Esfenvalerate, Ethylene oxide, Fenvalerate, mittee on Armed Services. Environmental Protection Agency, transmit- et al.; Tolerance Actions’’ (FRL No. 8426–2) EC–2819. A communication from the Sec- ting, pursuant to law, the report of a rule en- received in the Office of the President of the retary of the Treasury, transmitting, pursu- titled ‘‘1-Naphthaleneacetic Acid Ethy Ester; Senate on September 9, 2009; to the Com- ant to law, a six-month periodic report on Pesticide Tolerance for Emergency Exemp- mittee on Agriculture, Nutrition, and For- the national emergency with respect to per- tions’’ (FRL No. 8428–3) received in the Office estry. sons undermining democratic processes or of the President of the Senate on August 6, EC–2809. A communication from the Direc- institutions in Zimbabwe that was declared 2009; to the Committee on Agriculture, Nu- tor of the Regulatory Management Division, in Executive Order 13288 of March 6, 2003; to trition, and Forestry. Office of Policy, Economics, and Innovation, the Committee on Banking, Housing, and EC–2801. A communication from the Direc- Environmental Protection Agency, transmit- Urban Affairs. tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- EC–2820. A communication from the Sec- Office of Policy, Economics, and Innovation, titled ‘‘Aminopyralid; Pesticide Tolerance’’ retary of the Treasury, transmitting, pursu- Environmental Protection Agency, transmit- (FRL No. 7724–8) received in the Office of the ant to law, a six-month periodic report on

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9262 CONGRESSIONAL RECORD — SENATE September 10, 2009 the national emergency declared in Execu- Ozone National Ambient Air Quality Stand- ting, pursuant to law, the report of a rule en- tive Order 13224 of September 23, 2001, with ard: Addressing a Portion of the Phase 2 titled ‘‘Approval and Promulgation of Imple- respect to persons who commit, threaten to Ozone Implementation Rule Concerning Rea- mentation Plans; and Designation of Areas commit, or support terrorism; to the Com- sonable Further Progress Emissions Reduc- for Air Quality Planning Purposes; Ohio; Re- mittee on Banking, Housing, and Urban Af- tions Credits Outside Ozone Nonattainment designation of the Columbus Area to Attain- fairs. Areas’’ (FRL No. 8943–3) received in the Of- ment for Ozone’’ (FRL No. 8952–2) received in EC–2821. A communication from the Assist- fice of the President of the Senate on August the Office of the President of the Senate on ant to the Board, Board of Governors, Fed- 6, 2009; to the Committee on Environment September 9, 2009; to the Committee on Envi- eral Reserve System, transmitting, pursuant and Public Works. ronment and Public Works. to law, the report of a rule entitled ‘‘Capital EC–2829. A communication from the Direc- EC–2836. A communication from the Direc- Adequacy Guidelines: Treatment of Per- tor of the Regulatory Management Division, tor of the Regulatory Management Division, petual Preferred Stock Issued to the United Office of Policy, Economics, and Innovation, Office of Policy, Economics, and Innovation, States Treasury under the Emergency Eco- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- nomic Stabilization of Act 2008’’ (Regulation ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Y; Docket No. R–1336) received in the Office titled ‘‘Revisions to the California State Im- titled ‘‘Approval and Promulgation of Imple- of the President of the Senate on September plementation Plan, Great Basin Unified Air mentation Plans; New Mexico; Excess Emis- 9, 2009; to the Committee on Banking, Hous- Pollution Control District, Kern County Air sions’’ (FRL No. 89524–6) received in the Of- ing, and Urban Affairs. Pollution Control District, Mohave Desert fice of the President of the Senate on Sep- EC–2822. A communication from the Assist- Air Quality Management District’’ (FRL No. tember 9, 2009; to the Committee on Environ- ant to the Board, Board of Governors, Fed- 8939–2) as received during adjournment of the ment and Public Works. eral Reserve System, transmitting, pursuant Senate in the Office of the President of the EC–2837. A communication from the Direc- to law, the report of a rule entitled ‘‘Capital Senate on August 13, 2009; to the Committee tor of the Regulatory Management Division, Adequacy Guidelines; Small Bank Holding on Environment and Public Works. Office of Policy, Economics, and Innovation, Company Policy Statement: Treatment of EC–2830. A communication from the Direc- Environmental Protection Agency, transmit- Subordinated Securities Issued to the United tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- States Treasury under the Emergency Eco- Office of Policy, Economics, and Innovation, titled ‘‘State and Local Assistance; Tech- nomic Stabilization Act of 2008’’ (Regulation Environmental Protection Agency, transmit- nical Correction’’ (FRL No. 8953–8) received Y; Docket No. R–1356) received in the Office ting, pursuant to law, the report of a rule en- in the Office of the President of the Senate of the President of the Senate on September titled ‘‘Outer Continental Shelf Air Regula- on September 9, 2009; to the Committee on 9, 2009; to the Committee on Banking, Hous- tions Consistency Update for Delaware’’ Environment and Public Works. ing, and Urban Affairs. (FRL No. 8936–4) as received during adjourn- EC–2838. A communication from the Direc- EC–2823. A communication from the Sec- ment of the Senate in the Office of the Presi- tor of the Regulatory Management Division, retary, Division of Trading and Markets, Se- dent of the Senate on August 13, 2009; to the Office of Policy, Economics, and Innovation, curities and Exchange Commission, trans- Committee on Environment and Public Environmental Protection Agency, transmit- mitting, pursuant to law, the report of a rule Works. ting, pursuant to law, the report of a rule en- entitled ‘‘Regulation S-AM: Limitations on EC–2831. A communication from the Direc- titled ‘‘Approval and Promulgation of Air Affiliate Marketing’’ (RIN3235–AJ24) re- tor of the Regulatory Management Division, Quality Implementation Plans; Virginia; ceived in the Office of the President of the Office of Policy, Economics, and Innovation, Opacity Variance for Rocket Testing Oper- Senate on August 4, 2009; to the Committee Environmental Protection Agency, transmit- ations Atlantic Research Corporation’s Or- on Banking, Housing, and Urban Affairs. ting, pursuant to law, the report of a rule en- ange County Facility’’ (FRL No. 8953–1) re- EC–2824. A communication from the Assist- titled ‘‘Interim Final Determination to Stay ceived in the Office of the President of the ant General Counsel for Legislation and Reg- and Defer Sanctions, Pinal County, Arizona’’ Senate on September 9, 2009; to the Com- ulatory Law, Office of Energy Efficiency and (FRL No. 8946–2) as received during adjourn- mittee on Environment and Public Works. Renewable Energy, Department of Energy, ment of the Senate in the Office of the Presi- EC–2839. A communication from the Direc- transmitting, pursuant to law, the report of dent of the Senate on August 13, 2009; to the tor of the Regulatory Management Division, a rule entitled ‘‘Energy Conservation Pro- Committee on Environment and Public Office of Policy, Economics, and Innovation, gram: Energy Conservation Standards for Works. Environmental Protection Agency, transmit- Refrigerated Bottled or Canned Beverage EC–2832. A communication from the Direc- ting, pursuant to law, the report of a rule en- Vending Machines’’ (RIN1904–AB58) received tor of the Regulatory Management Division, titled ‘‘Adequacy of Kansas Municipal Solid in the Office of the President of the Senate Office of Policy, Economics, and Innovation, Waste Landfill Permit Program’’ (FRL No. on September 9, 2009; to the Committee on Environmental Protection Agency, transmit- 8953–3) received in the Office of the President Energy and Natural Resources. ting, pursuant to law, the report of a rule en- of the Senate on September 9, 2009; to the EC–2825. A communication from the Assist- titled ‘‘Approval of Implementation Plans of Committee on Environment and Public ant General Counsel for Legislation and Reg- Michigan: Clean Air Interstate Rule’’ (FRL Works. ulatory Law, Office of Energy Efficiency and No. 8944–7) as received during adjournment of EC–2840. A communication from the Direc- Renewable Energy, Department of Energy, the Senate in the Office of the President of tor of the Regulatory Management Division, transmitting, pursuant to law, the report of the Senate on August 13, 2009; to the Com- Office of Policy, Economics, and Innovation, a rule entitled ‘‘Energy Conservation Pro- mittee on Environment and Public Works. Environmental Protection Agency, transmit- gram: Energy Conservation Standards and EC–2833. A communication from the Direc- ting, pursuant to law, the report of a rule en- Test Procedures for General Service Fluores- tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Air cent Lamps and Incandescent Reflector Office of Policy, Economics, and Innovation, Quality Implementation Plans; Louisiana; Lamps’’ (RIN1904–AA92) received in the Of- Environmental Protection Agency, transmit- Emissions Inventory; Baton Rouge Ozone fice of the President of the Senate on August ting, pursuant to law, the report of a rule en- Nonattainment Area’’ (FRL No. 8952–5) re- 6, 2009; to the Committee on Energy and Nat- titled ‘‘Approval and Promulgation of Air ceived in the Office of the President of the ural Resources. Quality Implementation Plans; Ohio; Con- Senate on September 9, 2009; to the Com- EC–2826. A communication from the Sec- sumer Products Rule’’ (FRL No. 8941–9) as re- mittee on Environment and Public Works. retary of Energy, transmitting, pursuant to ceived during adjournment of the Senate in EC–2841. A communication from the Chief law, a report entitled ‘‘U.S. Department of the Office of the President of the Senate on of the Publications and Regulations Branch, Energy FY 2008 Methane Hydrate Program August 13, 2009; to the Committee on Envi- Internal Revenue Service, Department of the Report to Congress’’; to the Committee on ronment and Public Works. Treasury, transmitting, pursuant to law, the Energy and Natural Resources. EC–2834. A communication from the Direc- report of a rule entitled ‘‘Update of Weighted EC–2827. A communication from the Direc- tor of the Regulatory Management Division, Average Interest Rates, Yield Curves, and tor of the Office of Congressional Affairs, Of- Office of Policy, Economics, and Innovation, Segment Rates’’ (Notice 2009–63) received in fice of Nuclear Reactor Regulations, Nuclear Environmental Protection Agency, transmit- the Office of the President of the Senate on Regulatory Commission, transmitting, pur- ting, pursuant to law, the report of a rule en- September 8, 2009; to the Committee on Fi- suant to law, the report of a rule entitled titled ‘‘Approval and Promulgation of Imple- nance. ‘‘Industry Codes and Standards; Amended mentation Plans and Designation of Areas EC–2842. A communication from the Chief Requirements’’ (RIN3150–AI53) as received for Air Quality Planning Purposes; Ohio; Re- of the Publications and Regulations Branch, during adjournment of the Senate in the Of- designation of the Cleveland-Akron-Lorain Internal Revenue Service, Department of the fice of the President of the Senate on August Area to Attainment for Ozone’’ (FRL No. Treasury, transmitting, pursuant to law, the 13, 2009; to the Committee on Environment 8952–1) received in the Office of the President report of a rule entitled ‘‘Modification of and Public Works. of the Senate on September 9, 2009; to the Rev. Proc. 2008–52 and Rev. Proc. 97–27, Pro- EC–2828. A communication from the Direc- Committee on Environment and Public cedures for Automatic and Non-Automatic tor of the Regulatory Management Division, Works. Changes in Method of Accounting’’ (Notice Office of Policy, Economics, and Innovation, EC–2835. A communication from the Direc- 2009–39) as received during adjournment of Environmental Protection Agency, transmit- tor of the Regulatory Management Division, the Senate in the Office of the President of ting, pursuant to law, the report of a rule en- Office of Policy, Economics, and Innovation, the Senate on September 2, 2009; to the Com- titled ‘‘Implementation of the 1997 8-Hour Environmental Protection Agency, transmit- mittee on Finance.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9263 EC–2843. A communication from the Chief EC–2852. A communication from the Chair- Human Services, transmitting, pursuant to of the Publications and Regulations Branch, man of the Council of the District of Colum- law, a report entitled ‘‘Fiscal Year 2006 Re- Internal Revenue Service, Department of the bia, transmitting, pursuant to law, a report port to Congress on the Impact and Effec- Treasury, transmitting, pursuant to law, the on D.C. Act 18–157, ‘‘Quick Payment Amend- tiveness of Administration for Native Ameri- report of a rule entitled ‘‘Public-Private In- ment Act of 2009’’; to the Committee on cans Projects’’; to the Committee on Indian vestment Program/Taxable Mortgage Pool Homeland Security and Governmental Af- Affairs. Revenue Procedure’’ ((Rev. Proc. 2009– fairs. EC–2864. A communication from the Direc- 38)(RP–126768–09)) as received during adjourn- EC–2853. A communication from the Chair- tor of Legislative Affairs, Office of the Direc- ment of the Senate in the Office of the Presi- man of the Council of the District of Colum- tor of National Intelligence, transmitting, dent of the Senate on September 2, 2009; to bia, transmitting, pursuant to law, a report pursuant to law, the report of a nomination the Committee on Finance. on D.C. Act 18–158, ‘‘Debarment and Suspen- for the position of Principal Deputy Director EC–2844. A communication from the Chief sion Procedures Amendment Act of 2009’’; to of National Intelligence, as received during of the Publications and Regulations Branch, the Committee on Homeland Security and adjournment of the Senate in the Office of Internal Revenue Service, Department of the Governmental Affairs. the President of the Senate on August 20, Treasury, transmitting, pursuant to law, the EC–2854. A communication from the Chair- 2009; to the Select Committee on Intel- report of a rule entitled ‘‘2009 Section 43 In- man of the Council of the District of Colum- ligence. flation Adjustment’’ (Notice 2009–73) as re- bia, transmitting, pursuant to law, a report EC–2865. A communication from the Dep- ceived during adjournment of the Senate in on D.C. Act 18–159, ‘‘Placement of Orders uty Associate Director for Management and the Office of the President of the Senate on with District Departments, Offices, and Administration and Designated Reporting September 2, 2009; to the Committee on Fi- Agencies Amendment Act of 2009’’; to the Official, Office of National Drug Control Pol- nance. Committee on Homeland Security and Gov- icy, Executive Office of the President, trans- EC–2845. A communication from the Assist- ernmental Affairs. mitting, pursuant to law, a report relative to ant Legal Adviser for Treaty Affairs, Depart- EC–2855. A communication from the Chair- action on a nomination for the position of ment of State, transmitting, pursuant to the man of the Council of the District of Colum- Deputy Director of National Drug Control Case-Zablocki Act, 1 U.S.C. 112b, as amended, bia, transmitting, pursuant to law, a report Policy, as received during adjournment of the report of the texts and background state- on D.C. Act 18–1160, ‘‘Procurement Practices the Senate in the Office of the President of ments of international agreements, other Amendment Act of 2009’’; to the Committee the Senate on August 19, 2009; to the Com- than treaties (List 2009–0107–2009–0115); to the on Homeland Security and Governmental Af- mittee on the Judiciary. Committee on Foreign Relations. fairs. EC–2866. A communication from the Direc- EC–2846. A communication from the Assist- EC–2856. A communication from the Chair- tor, National Drug Control Policy, Executive ant Secretary, Bureau of Legislative Affairs, man of the Council of the District of Colum- Office of the President, transmitting, pursu- Department of State, transmitting, pursuant bia, transmitting, pursuant to law, a report ant to law, a report relative to the GAO 09– to the Arms Export Control Act, the certifi- on D.C. Act 18–161, ‘‘Enhanced Security at 339R Counterdrug Technology Assessment cation of a proposed transfer of major de- Gas Stations Amendment Act of 2009’’; to the Center report; to the Committee on the Judi- fense equipment with an original acquisition Committee on Homeland Security and Gov- ciary. value of more than $14,000,000 for Canada; to ernmental Affairs. EC–2867. A communication from the Assist- the Committee on Foreign Relations. EC–2857. A communication from the Chair- ant Attorney General, Office of Legislative EC–2847. A communication from the Sec- man of the Council of the District of Colum- Affairs, Department of Justice, transmit- retary of the Commission, Bureau of Con- bia, transmitting, pursuant to law, a report ting, pursuant to law, a report entitled ‘‘Re- sumer Protection, Federal Trade Commis- on D.C. Act 18–162, ‘‘Commercial Curbside port of the Attorney General to the Congress sion, transmitting, pursuant to law, the re- Loading Zone Implementation Act of 2009’’; of the United States on the Administration port of a rule entitled ‘‘Health Breach Notifi- to the Committee on Homeland Security and of the Foreign Agents Registration Act of cation Rule’’ (RIN3084–AB17) received in the Governmental Affairs. 1938, as amended for the six months ending EC–2858. A communication from the Chair- Office of the President of the Senate on Sep- December 31, 2008’’; to the Committee on the man of the Council of the District of Colum- tember 9, 2009; to the Committee on Health, Judiciary. bia, transmitting, pursuant to law, a report Education, Labor, and Pensions. EC–2868. A communication from the Attor- EC–2848. A communication from the Acting on D.C. Act 18–163, ‘‘Bloomingdale Court ney Advisor, U.S. Coast Guard, Department Director, Legislative and Regulatory Depart- Alley Designations Act of 2009’’; to the Com- of Homeland Security, transmitting, pursu- ment, Pension Benefit Guaranty Corpora- mittee on Homeland Security and Govern- ant to law, the report of a rule entitled tion, transmitting, pursuant to law, the re- mental Affairs. ‘‘Quarterly Listings; Safety Zones; Security port of a rule entitled ‘‘Benefits Payable in EC–2859. A communication from the Dis- Zones; Special Local Regulations’’ (Docket Terminated Single-Employer Plans; Interest trict of Columbia Auditor, transmitting, pur- No. USG–2009–0777) as received during ad- Assumptions for Valuing and Paying Bene- suant to law, a report entitled, ‘‘Examina- journment of the Senate in the Office of the fits’’ (29 CFR Part 4022) received in the Office tion of the 2008 Summer Youth Employment President of the Senate on August 28, 2009; to of the President of the Senate on August 5, Program Contracts’’; to the Committee on the Committee on Commerce, Science, and 2009; to the Committee on Health, Education, Homeland Security and Governmental Af- Transportation. Labor, and Pensions. fairs. EC–2849. A communication from the Direc- EC–2860. A communication from the Dis- EC–2869. A communication from the Solic- tor of Regulations and Policy Management trict of Columbia Auditor, transmitting, pur- itor, Federal Labor Relations Authority, Staff, Food and Drug Administration, De- suant to law, a report entitled, ‘‘Audit of the transmitting, pursuant to law, a report rel- partment of Health and Human Services, Department of Employment Service’s 2008 ative to a nomination for the position of transmitting, pursuant to law, the report of Summer Youth Employment Program’’; to General Counsel, Federal Labor Relations a rule entitled ‘‘Dental Devices: Classifica- the Committee on Homeland Security and Authority received in the Office of the Presi- tion of Dental Amalgam, Reclassification of Governmental Affairs. dent of the Senate on August 5, 2009; to the Dental Mercury, Designation of Special Con- EC–2861. A communication from the Solic- Committee on Homeland Security and Gov- trols for Dental Amalgam, Mercury, and itor, Federal Labor Relations Authority, ernmental Affairs. Amalgam Alloy’’ ((Docket No. FDA–2008–N– transmitting, pursuant to law, a report rel- EC–2870. A communication from the Direc- 0163)(RIN0910–AG21)) as received during ad- ative to action on a nomination for the posi- tor, Office of Personnel Management, trans- journment of the Senate in the Office of the tion of General Counsel, Federal Labor Rela- mitting, pursuant to law, a report entitled President of the Senate on August 19, 2009; to tions Authority received in the Office of the ‘‘Federal Student Loan Repayment Program the Committee on Health, Education, Labor, President of the Senate on August 5, 2009; to Calendar Year 2008’’; to the Committee on and Pensions. the Committee on Homeland Security and Homeland Security and Governmental Af- EC–2850. A communication from the Sec- Governmental Affairs. fairs. retary of Health and Human Services, trans- EC–2862. A communication from the Acting f mitting, pursuant to law, a report entitled Senior Procurement Executive, Office of the ‘‘High Risk Pool Grant Program for Federal Chief Acquisition Officer, General Services REPORTS OF COMMITTEES Administration, Department of Defense, and Fiscal Years 2006 and 2007’’; to the Com- The following reports of committees mittee on Health, Education, Labor, and National Aeronautics and Space Administra- Pensions. tion, transmitting, pursuant to law, the re- were submitted: EC–2851. A communication from the port of a rule entitled ‘‘Federal Acquisition By Mr. INOUYE, from the Committee on Human Resources Specialist, Office of In- Regulation; Federal Acquisition Circular Appropriations, with an amendment in the spector General, Department of Labor, trans- 2005–36’’ (FAC 2005–36) as received during ad- nature of a substitute: mitting, pursuant to law the report of a va- journment of the Senate in the Office of the H.R. 3326. A bill making appropriations for cancy in the position of Inspector General of President of the Senate on August 18, 2009; to the Department of Defense for the fiscal year the Department of Labor and designation of the Committee on Homeland Security and ending September 30, 2010, and for other pur- an acting officer for the position; to the Governmental Affairs. poses (Rept. No. 111–74). Committee on Health, Education, Labor, and EC–2863. A communication from the Sec- By Mr. LEAHY, from the Committee on Pensions. retary of the Department of Health and the Judiciary, without amendment:

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9264 CONGRESSIONAL RECORD — SENATE September 10, 2009 S. 1599. A bill to amend title 36, United SUBMISSION OF CONCURRENT AND S. 492 States Code, to include in the Federal char- SENATE RESOLUTIONS At the request of Mr. JOHNSON, the ter of the Reserve Officers Association lead- ership positions newly added in its constitu- The following concurrent resolutions name of the Senator from North Da- tion and bylaws. and Senate resolutions were read, and kota (Mr. DORGAN) was added as a co- referred (or acted upon), as indicated: sponsor of S. 492, a bill to amend the f By Mr. KOHL (for himself and Mr. Social Security Act and the Internal FEINGOLD): Revenue Code of 1986 to exempt certain S. Res. 258. A resolution commemorating employment as a member of a local EXECUTIVE REPORTS OF the 100th anniversary of the University of governing board, commission, or com- COMMITTEES Wisconsin—La Crosse; to the Committee on mittee from social security tax cov- The following executive reports of the Judiciary. erage. nominations were submitted: By Mr. INHOFE (for himself and Mr. NELSON of Nebraska): S. 557 By Mr. LEAHY for the Committee on the S. Res. 259. A resolution designating Sep- At the request of Mr. KOHL, the name Judiciary. tember 13, 2009, as ‘‘National Celiac Disease of the Senator from New York (Mr. Beverly Baldwin Martin, of Georgia, to be Awareness Day″; considered and agreed to. CHUMER United States Circuit Judge for the Eleventh By Ms. SNOWE (for herself, Mrs. LIN- S ) was added as a cosponsor of Circuit. COLN, Ms. COLLINS, and Mr. S. 557, a bill to encourage, enhance, and Jeffrey L. Viken, of South Dakota, to be CHAMBLISS): integrate Silver Alert plans through- United States District Judge for the District S. Res. 260. A resolution designating Sep- out the United States, to authorize of South Dakota. tember 16, 2009, as ‘‘The American Legion grants for the assistance of organiza- Peter F. Neronha, of Rhode Island, to be Day″; considered and agreed to. tions to find missing adults, and for United States Attorney for the District of By Mr. PRYOR: other purposes. Rhode Island for the term of four years. S. Res. 261. A resolution designating Sep- Daniel G. Bogden, of Nevada, to be United tember 12, 2009, as ‘‘National Day of S. 581 ″ States Attorney for the District of Nevada Encouragement ; considered and agreed to. At the request of Mr. BENNET, the for the term of four years. f name of the Senator from Alaska (Ms. Dennis K. Burke, of Arizona, to be United MURKOWSKI) was added as a cosponsor States Attorney for the District of Arizona ADDITIONAL COSPONSORS of S. 581, a bill to amend the Richard B. for the term of four years. S. 35 Neil H. MacBride, of Virginia, to be United Russell National School Lunch Act and At the request of Mrs. HUTCHISON, the the Child Nutrition Act of 1966 to re- States Attorney for the Eastern District of name of the Senator from Tennessee Virginia for the term of four years. quire the exclusion of combat pay from (Mr. CORKER) was added as a cosponsor (Nominations without an asterisk income for purposes of determining eli- of S. 35, a bill to provide a permanent gibility for child nutrition programs were reported with the recommenda- deduction for State and local general tion that they be confirmed.) and the special supplemental nutrition sales taxes. program for women, infants, and chil- S. 45 dren. f At the request of Mr. GRASSLEY, his name was added as a cosponsor of S. 45, S. 694 INTRODUCTION OF BILLS AND a bill to improve patient access to At the request of Mr. DODD, the JOINT RESOLUTIONS health care services and provide im- names of the Senator from Hawaii (Mr. INOUYE) and the Senator from Oregon The following bills and joint resolu- proved medical care by reducing the (Mr. MERKLEY) were added as cospon- tions were introduced, read the first excessive burden the liability system sors of S. 694, a bill to provide assist- and second times by unanimous con- places on the health care delivery sys- ance to Best Buddies to support the ex- sent, and referred as indicated: tem. S. 144 pansion and development of mentoring By Mr. REED (for himself, Mr. programs, and for other purposes. JOHANNS, Mrs. BOXER, Mr. MERKLEY, At the request of Mr. KERRY, the and Mr. FRANKEN): name of the Senator from Colorado S. 711 S. 1658. A bill to establish the Council on (Mr. UDALL) was added as a cosponsor At the request of Mr. BAUCUS, the Healthy Housing, and for other purposes; to of S. 144, a bill to amend the Internal name of the Senator from Alaska (Ms. the Committee on Banking, Housing, and Revenue Code of 1986 to remove cell MURKOWSKI) was added as a cosponsor Urban Affairs. phones from listed property under sec- By Mr. CASEY (for himself, Mrs. of S. 711, a bill to require mental tion 280F. GILLIBRAND, Mr. KOHL, and Mrs. health screenings for members of the SHAHEEN): S. 424 Armed Forces who are deployed in con- S. 1659. A bill to enhance penalties for vio- At the request of Mr. LEAHY, the nection with a contingency operation, lations of securities protections that involve name of the Senator from Minnesota and for other purposes. targeting seniors; to the Committee on RANKEN (Mr. F ) was added as a cospon- S. 795 Banking, Housing, and Urban Affairs. sor of S. 424, a bill to amend the Immi- By Ms. KLOBUCHAR (for herself and gration and Nationality Act to elimi- At the request of Mr. HATCH, the Mr. CRAPO): nate discrimination in the immigra- name of the Senator from Illinois (Mr. S. 1660. A bill to amend the Toxic Sub- DURBIN) was added as a cosponsor of S. stances Control Act to reduce the emissions tion laws by permitting permanent partners of United States citizens and 795, a bill to amend the Social Security of formaldehyde from composite wood prod- Act to enhance the social security of ucts, and for other purposes; to the Com- lawful permanent residents to obtain mittee on Environment and Public Works. lawful permanent resident status in the Nation by ensuring adequate pub- By Mr. KOHL (for himself, Mrs. the same manner as spouses of citizens lic-private infrastructure and to re- MCCASKILL, Mrs. GILLIBRAND, and Mr. and lawful permanent residents and to solve to prevent, detect, treat, inter- CASEY): penalize immigration fraud in connec- vene in, and prosecute elder abuse, ne- S. 1661. A bill to protect older Americans tion with permanent partnerships. glect, and exploitation, and for other from misleading and fraudulent marketing purposes. practices, with the goal of increasing retire- S. 451 ment security; to the Committee on the Ju- At the request of Ms. COLLINS, the S. 812 diciary. names of the Senator from Rhode Is- At the request of Mr. BAUCUS, the By Mr. BROWN (for himself and Mrs. land (Mr. WHITEHOUSE) and the Senator names of the Senator from New Mexico GILLIBRAND): from Oklahoma (Mr. COBURN) were (Mr. BINGAMAN) and the Senator from S. 1662. A bill to amend the Public Works added as cosponsors of S. 451, a bill to Connecticut (Mr. LIEBERMAN) were and Economic Development Act of 1965 to require the Secretary of the Treasury added as cosponsors of S. 812, a bill to modify the period used to calculate certain unemployment rates, to encourage the devel- to mint coins in commemoration of the amend the Internal Revenue Code of opment of business incubators, and for other centennial of the establishment of the 1986 to make permanent the special purposes; to the Committee on Environment Girl Scouts of the United States of rule for contributions of qualified con- and Public Works. America. servation contributions.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9265 S. 846 other pediatric diseases, and for other cosponsor of S. 1624, a bill to amend At the request of Mr. DURBIN, the purposes. title 11 of the United States Code, to name of the Senator from North Caro- S. 1242 provide protection for medical debt lina (Mr. BURR) was added as a cospon- At the request of Mr. THUNE, the homeowners, to restore bankruptcy sor of S. 846, a bill to award a congres- name of the Senator from Utah (Mr. protections for individuals experi- sional gold medal to Dr. Muhammad BENNETT) was added as a cosponsor of encing economic distress as caregivers Yunus, in recognition of his contribu- S. 1242, a bill to prohibit the Federal to ill, injured, or disabled family mem- tions to the fight against global pov- Government from holding ownership bers, and to exempt from means testing erty. interests, and for other purposes. debtors whose financial problems were caused by serious medical problems, S. 850 S. 1304 and for other purposes. At the request of Mr. KERRY, the At the request of Mr. GRASSLEY, the name of the Senator from New York names of the Senator from Rhode Is- S. RES. 210 At the request of Mrs. LINCOLN, the (Mrs. GILLIBRAND) was added as a co- land (Mr. WHITEHOUSE) and the Senator name of the Senator from Alaska (Ms. sponsor of S. 850, a bill to amend the from Rhode Island (Mr. REED) were MURKOWSKI) was added as a cosponsor High Seas Driftnet Fishing Morato- added as cosponsors of S. 1304, a bill to of S. Res. 210, a resolution designating rium Protection Act and the Magnu- restore the economic rights of auto- the week beginning on November 9, son-Stevens Fishery Conservation and mobile dealers, and for other purposes. Management Act to improve the con- 2009, as National School Psychology S. 1343 servation of sharks. Week. At the request of Mr. BROWN, the S. 883 S. RES. 245 names of the Senator from New York At the request of Mr. KERRY, the At the request of Mr. SCHUMER, the (Mrs. GILLIBRAND) and the Senator names of the Senator from North Caro- name of the Senator from Wisconsin from New Mexico (Mr. BINGAMAN) were lina (Mr. BURR) and the Senator from (Mr. FEINGOLD) was added as a cospon- added as cosponsors of S. 1343, a bill to Nebraska (Mr. JOHANNS) were added as sor of S. Res. 245, a resolution recog- amend the Richard B. Russell National cosponsors of S. 883, a bill to require nizing September 11 as a ‘‘National School Lunch Act to improve and ex- the Secretary of the Treasury to mint Day of Service and Remembrance’’. pand direct certification procedures for coins in recognition and celebration of S. RES. 253 the national school lunch and school the establishment of the Medal of At the request of Mr. SCHUMER, the breakfast programs, and for other pur- Honor in 1861, America’s highest award names of the Senator from Maryland poses. for valor in action against an enemy (Ms. MIKULSKI), the Senator from Mis- force which can be bestowed upon an S. 1492 souri (Mrs. MCCASKILL) and the Sen- individual serving in the Armed Serv- At the request of Ms. MIKULSKI, the ator from Virginia (Mr. WEBB) were ices of the United States, to honor the names of the Senator from New York added as cosponsors of S. Res. 253, a American military men and women (Mr. SCHUMER), the Senator from New resolution expressing the sense of the who have been recipients of the Medal Mexico (Mr. UDALL), the Senator from Senate that the Government of Libya of Honor, and to promote awareness of Washington (Ms. CANTWELL) and the should apologize for the welcome home what the Medal of Honor represents Senator from Pennsylvania (Mr. ceremony held to celebrate the release and how ordinary Americans, through CASEY) were added as cosponsors of S. of convicted Lockerbie bomber Abdel courage, sacrifice, selfless service and 1492, a bill to amend the Public Health Baset al-Megrahi. patriotism, can challenge fate and Service Act to fund breakthroughs in S. RES. 254 change the course of history. Alzheimer’s disease research while pro- At the request of Mrs. GILLIBRAND, viding more help to caregivers and in- S. 984 the name of the Senator from New creasing public education about pre- At the request of Mrs. BOXER, the York (Mr. SCHUMER) was added as a co- vention. name of the Senator from Washington sponsor of S. Res. 254, a resolution hon- S. 1495 (Mrs. MURRAY) was added as a cospon- oring, commemorating, and cele- sor of S. 984, a bill to amend the Public At the request of Mr. FRANKEN, the brating the historic ties of the United Health Service Act to provide for ar- name of the Senator from New York States and the Netherlands on the thritis research and public health, and (Mrs. GILLIBRAND) was added as a co- quadricentennial celebration of the dis- for other purposes. sponsor of S. 1495, a bill to require the covery of the Hudson River, and recog- S. 1047 Secretary of Veterans Affairs to carry nizing the settlement and enduring val- out a pilot program to assess the feasi- ues of New Netherland, which continue At the request of Mr. MENENDEZ, the name of the Senator from Arkansas bility and advisability of using service to influence American society. dogs for the treatment or rehabilita- (Mrs. LINCOLN) was added as a cospon- f tion of veterans with physical or men- sor of S. 1047, a bill to promote Inter- STATEMENTS ON INTRODUCED tal injuries or disabilities, and for net safety education and cybercrime BILLS AND JOINT RESOLUTIONS prevention initiatives, and for other other purposes. By Mr. REED (for himself, Mr. purposes. S. 1580 JOHANNS, Mrs. BOXER, Mr. S. 1072 At the request of Mr. ROCKEFELLER, his name was added as a cosponsor of MERKLEY, and Mr. FRANKEN): At the request of Mrs. LINCOLN, the S. 1658. A bill to establish the Council names of the Senator from Massachu- S. 1580, a bill to amend the Occupa- tional Safety and Health Act of 1970 to on Healthy Housing, and for other pur- setts (Mr. KERRY) and the Senator from poses; to the Committee on Banking, Illinois (Mr. BURRIS) were added as co- expand coverage under the Act, to in- crease protections for whistleblowers, Housing, and Urban Affairs. sponsors of S. 1072, a bill to amend Mr. REED. Mr. President, I introduce to increase penalties for certain viola- chapter 1606 of title 10, United States with my colleague Senator JOHANNS, tors, and for other purposes. Code, to modify the basis utilized for the Healthy Housing Council Act. I S. 1612 annual adjustments in amounts of edu- thank Senators BOXER, MERKLEY, and cational assistance for members of the At the request of Mrs. LINCOLN, the FRANKEN for joining us as original co- Selected Reserve. name of the Senator from Vermont sponsors of this bill. S. 1158 (Mr. LEAHY) was added as a cosponsor This legislation would establish an At the request of Ms. STABENOW, the of S. 1612, a bill to amend the Internal independent interagency Council on name of the Senator from North Caro- Revenue Code of 1986 to improve the Healthy Housing in the executive lina (Mr. BURR) was added as a cospon- operation of employee stock ownership branch in order to improve the coordi- sor of S. 1158, a bill to authorize the plans, and for other purposes. nation of existing but fragmented pro- Secretary of Health and Human Serv- S. 1624 grams, thereby enhancing the abilities ices to conduct activities to rapidly ad- At the request of Mr. WHITEHOUSE, of families to access Government pro- vance treatments for spinal muscular the name of the Senator from Massa- grams and services in a more efficient atrophy, neuromuscular disease, and chusetts (Mr. KERRY) was added as a and effective manner.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9266 CONGRESSIONAL RECORD — SENATE September 10, 2009 Many factors impact our health; mented and spread across many agen- ries. Vulnerable subpopulations, such as chil- however, our environment can be one cies, making it difficult for at-risk dren and the elderly, are at elevated risk for of the most critical determinants to families to access assistance or to re- housing-related illnesses and injuries. our overall health and well-being. That ceive the comprehensive information (3) Because substandard housing typically poses the greatest risks, the disparities in is why the issue of healthy housing is they need. the distribution of housing-related health so important. To address this situation, our bill au- hazards are striking. 1,200,000 housing units According to the Department of thorizes $750,000 for each of fiscal years with significant lead-based paint hazards Housing and Urban Development, there 2010 to 2014 for an independent Council house low-income families with children are more than 5.7 million households on Healthy Housing, which would bring under 6 years of age. living in conditions with moderate or Federal, State, and local government (4) Housing-related illnesses, including severe hazards such as incomplete representatives, as well as industry and asthma and lead poisoning, disproportion- cooking facilities, inadequate plumb- nonprofit representatives, to the table ately affect children from lower-income fam- ing, the presence of mice and rats, and ilies and from specific racial and ethnic at least once a year. groups. In 2005, 13 percent of black children crumbling roofs and foundations. This The council would review, monitor, were reported to have asthma, as compared count of moderate or severe physical and evaluate existing housing, health, with 9 percent of both Hispanic and white problems does not even include signifi- energy, and environmental programs. children. Black children are twice as likely cant lead-based paint hazards, which The council would then make rec- to die from residential injuries as white chil- persist in 23 million, or approximately ommendations to reduce duplication, dren, and 3 percent of black children and 2 four times as many, households. Sadly, ensure collaboration, identify best percent of Mexican American children have housing-related health hazards take a practices, and develop a comprehensive elevated blood lead levels, as compared to heavy toll on Americans, resulting in healthy housing research agenda. only 1.3 percent of white children. (5) The annual costs for environmentally 11,000 unintentional injury deaths, 3,000 In order to ensure that members of attributable childhood diseases in the United deaths in house fires, and 21,000 radon- the public are informed of and benefit States, including lead poisoning, asthma, associated lung cancer deaths each from the council’s activities, the coun- and cancer, total $54,900,000,000. This amount year. cil would hold biannual stakeholder is approximately 3 percent of total health Low-income and minority individuals meetings, maintain an updated care costs. and families are disproportionately af- website, and work to unify healthy (6) Appropriate housing design, construc- fected by housing-related health haz- housing data collection and mainte- tion, and maintenance, timely correction of ards. We know that residents of poorly nance. deficiencies, planning efforts, and low-cost preventative measures can reduce the inci- designed, constructed, or maintained While there is a growing consensus dence of serious injury or death, improve the housing are at greater risk for serious on ways to help communities make ability of residents to survive in the event of illnesses and injuries, including cancer, housing healthier, the lack of coordina- a major catastrophe, and contribute to over- carbon monoxide poisoning, burns, tion has made it difficult for the public all well-being and mental health. Housing falls, rodent bites, childhood lead poi- to access this information and related units that are kept lead-safe are approxi- soning, and asthma. According to the research and data. By creating this mately 25 percent less likely to have another Centers for Disease Control and Pre- council, we can provide a useful forum child with elevated blood lead levels. Prop- vention, non-Hispanic Blacks and for health and housing experts, wheth- erly installed and maintained smoke alarms reduce the risk of fire deaths by 50 percent. Mexican-Americans are three times as er in the Government, private, or non- (7) Providing healthy housing to families likely to have elevated blood-lead lev- profit sector, to share their experi- and individuals in the United States will els, compared to non-Hispanic whites. ences, successes, and lessons for the fu- help prevent an estimated 240,000 elevated About 1.2 million housing units with ture. blood lead levels in young children, 11,000 un- significant lead-based paint hazards The Healthy Housing Council Act intentional injury deaths, 12,000,000 nonfatal house low-income families with chil- will help us embark on a path to assure injuries, 3,000 deaths in house fires, 14,000 dren under 6 years of age. that affordable and decent homes are burn injuries, and 21,000 radon-associated If the disease and injury toll on our also healthy. I hope my colleagues will lung cancer deaths that occur in United States housing each year, as well as 20,000,000 Nation’s individuals and families, par- join me and Senator JOHANNS, BOXER, asthma cases and 14,000,000 missed school ticularly our children, is not enough to MERKLEY, and FRANKEN in supporting days. demonstrate the need for coordinated this bipartisan bill and other healthy (8) While there are many programs in place Federal Government action on hous- housing efforts. to address housing-related health hazards, ing-related health hazards, consider Mr. President, I ask unanimous con- these programs are fragmented and spread some of the annual costs. sent that the text of the bill be printed across many agencies, making it difficult for According to research at the Mount in the RECORD. at-risk families and individuals to access as- Sinai Children’s Environmental Health There being no objection, the text of sistance or to receive comprehensive infor- Center, annual costs for environ- the bill was ordered to be printed in mation. (9) Better coordination among Federal mentally attributable childhood dis- the RECORD, as follows: agencies is needed, as is better coordination eases in the U.S. total an estimated S. 1658 at State and local levels, to ensure that fam- $54.9 billion. That number is approxi- Be it enacted by the Senate and House of Rep- ilies and individuals can access government mately 3 percent of total health care resentatives of the United States of America in programs and services in an effective and ef- costs. Indeed, as our housing deterio- Congress assembled, ficient manner. rates, our health care system bears the SECTION 1. SHORT TITLE. SEC. 3. DEFINITIONS. brunt of the associated injuries and ill- This Act may be cited as the ‘‘Healthy In this Act, the following definitions shall nesses. Housing Council Act of 2009’’. apply: The good news is that low-cost pre- SEC. 2. FINDINGS. (1) COUNCIL.—The term ‘‘Council’’ means ventative measures can have dramatic Congress finds the following: the Interagency Council on Healthy Housing effects. For example, properly install- (1) In the United States— established under section 4. (A) 5,700,000 households live in homes with (2) HOUSING.—The term ‘‘housing’’ means ing and maintaining a smoke alarm moderate or severe physical hazards; any form of residence, including rental hous- can cut the risk of deaths due to fire in (B) 23,000,000 homes have significant lead- ing, homeownership, group home, or sup- half. The Centers for Disease Control based paint hazards; portive housing arrangement. and Prevention estimates that pro- (C) 8,700,000 homes have had leaks in the (3) HEALTHY HOUSING.—The term ‘‘healthy viding healthy housing to American last 12 months; housing’’ means housing that is designed, families will help prevent 20 million (D) 6,000,000 homes have had signs of mice constructed, rehabilitated, and maintained asthma cases, 240,000 incidents of ele- in the last 3 months; and in a manner that supports the health of the vated blood-lead levels in young chil- (E) 1 in 15 homes have dangerous levels of occupants of such housing. radon. (4) HOUSING-RELATED HEALTH HAZARD.—The dren, 14,000 burn injuries, and 21,000 (2) Residents of housing that is poorly de- term ‘‘housing-related health hazard’’ means radon-associated lung cancer deaths. signed, constructed, or maintained are at any biological, physical, or chemical source While there are many programs in risk for cancer, carbon monoxide poisoning, of exposure or condition either in, or imme- place to address housing-related health burns, falls, rodent bites, childhood lead poi- diately adjacent to, housing, that can ad- hazards, these programs are frag- soning, asthma, and other illnesses and inju- versely affect human health.

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(5) LOW-INCOME FAMILIES AND INDIVID- (3) The Administrator of the Environ- ments of housing-related health hazards and UALS.—The term ‘‘low-income families and mental Protection Agency. interventions to address housing-related individuals’’ means any household or indi- (4) The Secretary of Energy. health hazards; and vidual with an income at or below 200 per- (5) The Secretary of Labor. (vi) programs that increase community cent of the Federal poverty line. (6) The Secretary of Veterans Affairs. awareness of, and education on, housing-re- (6) POVERTY LINE.—The term ‘‘poverty (7) The Secretary of the Treasury. lated health hazards and available assess- line’’ means the official poverty line defined (8) The Secretary of Agriculture. ments and interventions; by the Office of Management and Budget (9) The Secretary of Education. (E) develop a comprehensive healthy hous- based on the most recent data available from (10) The head of any other Federal agency ing research agenda that considers health, the Bureau of the Census. as the Council considers appropriate. safety, environmental, and energy factors, (7) PROGRAM.—The term ‘‘program’’ in- (11) 6 additional non-Federal employee to— cludes any Federal, State, or local program members, as appointed by the President to (i) identify cost-effective assessments and providing housing or financial assistance, serve terms not to exceed 2 years, of whom— treatment protocols for housing-related health care, mortgages, bond and tax financ- (A) 1 shall be a State or local Government health hazards in existing housing; ing, homebuyer support courses, financial Director of Health or the Environment; (ii) establish links between housing haz- education, mortgage insurance or loan guar- (B) 1 shall be a State or local Government ards and health outcomes; antees, housing counseling, supportive serv- Director of Housing or Community Develop- (iii) track housing-related health problems ices, energy assistance, or other assistance ment; including injuries, illnesses, and death; related to healthy housing. (C) 2 shall represent nonprofit organiza- (iv) track housing conditions that may be (8) SERVICE.—The term ‘‘service’’ includes tions involved in housing or health issues; associated with health problems; public and environmental health services, and (v) identify cost-effective protocols for housing services, energy efficiency services, (D) 2 shall represent for-profit entities in- construction of new healthy housing; and human services, and any other services need- volved in the housing, banking, or health in- (vi) identify replicable and effective pro- ed to ensure that families and individuals in surance industries. grams or strategies for addressing housing- the United States have access to healthy (d) CO-CHAIRPERSONS.—The co-Chair- related health hazards; housing. persons of the Council shall be the Secretary (4) hold biannual meetings with stake- SEC. 4. INTERAGENCY COUNCIL ON HEALTHY of Housing and Urban Development and the holders and other interested parties in a lo- HOUSING. Secretary of Health and Human Services. cation convenient for such stakeholders, or (a) ESTABLISHMENT.—There is established (e) VICE CHAIR.—Every 2 years, the Council hold open Council meetings, to receive input in the executive branch an independent shall elect a Vice Chair from among its and ideas about how to best meet the council to be known as the Interagency members. healthy housing needs of families and indi- Council on Healthy Housing. (f) MEETINGS.—The Council shall meet at viduals; (b) OBJECTIVES.—The objectives of the Council are as follows: the call of either co-Chairperson or a major- (5) maintain an updated website of policies, (1) To promote the supply of and demand ity of its members at any time, and no less meetings, best practices, programs and serv- for healthy housing in the United States often than annually. ices, making use of existing websites as ap- through capacity building, technical assist- SEC. 5. FUNCTIONS OF THE COUNCIL. propriate, to keep people informed of the ac- ance, education, and public policy. (a) RELEVANT ACTIVITIES.—In carrying out tivities of the Council; and (2) To promote coordination and collabora- the objectives described in section 4(b), the (6) work with member agencies to collect tion among the Federal departments and Council shall— and maintain data on housing-related health agencies involved with housing, public (1) review Federal programs and services hazards, illnesses, and injuries so that all health, energy efficiency, emergency pre- that provide housing, health, energy, or en- data can be accessed in 1 place and to iden- paredness and response, and the environment vironmental services to families and individ- tify and address unmet data needs. to improve services for families and individ- uals; (b) REPORTS.— uals residing in inadequate or unsafe housing (2) monitor, evaluate, and recommend im- (1) BY MEMBERS.—Each year the head of and to make recommendations about needed provements in existing programs and serv- each agency who is a member of the Council changes in programs and services with an ices administered, funded, or financed by shall prepare and transmit to the Council a emphasis on— Federal, State, and local agencies to assist report that briefly summarizes— (A) maximizing the impact of existing pro- families and individuals in accessing healthy (A) each healthy housing-related program grams and services by transitioning the housing and make recommendations about and service administered by the agency and focus of such programs and services from how such agencies can better work to meet the number of families and individuals categorical approaches to comprehensive ap- the healthy housing and related needs of served by each program or service, the re- proaches that consider and address multiple low-income families and individuals; and sources available in each program or service, housing-related health hazards; (3) recommend ways to— and a breakdown of where each program and (B) reducing or eliminating areas of over- (A) reduce duplication among programs service can be accessed; lap and duplication in the provision and ac- and services by Federal agencies that assist (B) the barriers and impediments, includ- cessibility of such programs and services; families and individuals in meeting their ing statutory or regulatory, to the access (C) ensuring that resources, including as- healthy housing and related service needs; and use of such programs and services by sistance with capacity building, are targeted (B) ensure collaboration among and within families and individuals, with particular at- to and sufficient to meet the needs of high- agencies in the provision and availability of tention to the barriers and impediments ex- risk communities, families, and individuals; programs and services so that families and perienced by low-income families and indi- and individuals are able to easily access needed viduals; (D) facilitating access by families and indi- programs and services; (C) the efforts made by the agency to in- viduals to programs and services that help (C) work with States and local govern- crease opportunities for families and individ- reduce health hazards in housing. ments to better meet the needs of families uals, including low-income families and indi- (3) To identify knowledge gaps, research and individuals for healthy housing by— viduals, to reside in healthy housing, includ- needs, and policy and program deficiencies (i) holding meetings with State and local ing how the agency is working with other associated with inadequate housing condi- representatives; and agencies to better coordinate programs and tions and housing-related illnesses and inju- (ii) providing ongoing technical assistance services; and ries. and training to States and localities in bet- (D) any new data collected by the agency (4) To help identify best practices for ter meeting the housing-related needs of relating to the healthy housing needs of fam- achieving and sustaining healthy housing. such families and individuals; ilies and individuals. (5) To help improve the quality of existing (D) identify best practices for programs (2) BY THE COUNCIL.—Each year the Council and newly constructed housing and related and services that assist families and individ- shall prepare and transmit to the President programs and services, including those pro- uals in accessing healthy housing, including and the Congress, a report that— grams and services which serve low-income model— (A) summarizes the reports required in families and individuals. (i) programs linking housing, health, envi- paragraph (1); (6) To establish an ongoing system of co- ronmental, human, and energy services; (B) utilizes recent data to assess the na- ordination among and within such agencies (ii) housing and remodeling financing prod- ture of housing-related health hazards, and or organizations so that the healthy housing ucts offered by government, quasi-govern- associated illnesses and injuries, in the needs of families and individuals are met in ment, and private sector entities; United States; a more effective and efficient manner. (iii) housing and building codes and regu- (C) provides a comprehensive and detailed (c) MEMBERSHIP.—The Council shall be latory practices; description of the programs and services of composed of the following members: (iv) existing and new consensus specifica- the Federal Government in meeting the (1) The Secretary of Health and Human tions and work practices documents; needs and problems described in subpara- Services. (v) capacity building and training pro- graph (B); (2) The Secretary of Housing and Urban grams that help increase and diversify the (D) describes the activities and accom- Development. supply of practitioners who perform assess- plishments of the Council in working with

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9268 CONGRESSIONAL RECORD — SENATE September 10, 2009 Federal, State, and local governments, non- for level V of the Executive Schedule under each year. In total, seniors account for profit organizations and for-profit entities in section 5316 of such title. more than half of all investor com- coordinating programs and services to meet (d) TEMPORARY AND INTERMITTENT SERV- plaints received by state securities reg- the needs described in subparagraph (B) and ICES.—In carrying out its objectives, the ulators. Council may procure temporary and inter- the resources available to meet those needs; During the last Congress, under the (E) assesses the level of Federal assistance mittent services of consultants and experts required to meet the needs described in sub- under section 3109(b) of title 5, United States leadership of Senator KOHL, the Aging paragraph (B); and Code, at rates for individuals which do not Committee held a hearing to examine (F) makes recommendations for appro- exceed the daily equivalent of the annual some of the questionable practices that priate legislative and administrative actions rate of basic pay prescribed for level V of the so-called senior financial investment to meet the needs described in subparagraph Executive Schedule under section 5316 of specialists use to gain access to the re- (B) and for coordinating programs and serv- such title. tirement savings of older Americans. A ices designed to meet those needs. (e) DETAIL OF GOVERNMENT EMPLOYEES.— report by the Committee revealed that SEC. 6. POWERS OF THE COUNCIL. Upon request of the Council, any Federal many seniors have lost their life sav- Government employee may be detailed to (a) HEARINGS.—The Council may hold such ings because they followed investment hearings, sit and act at such times and the Council without reimbursement, and such detail shall be without interruption or advice ill-suited to their retirement places, take such testimony, and receive needs and life expectancy. such evidence as the Council considers advis- loss of civil service status or privilege. able to carry out the purposes of this Act. (f) ADMINISTRATIVE SUPPORT.—The Sec- The Senior Investor Protections En- retary of Housing and Urban Development (b) INFORMATION FROM AGENCIES.—Agen- hancement Act will address these cies which are represented on the Council shall provide the Council with such adminis- issues by increasing the penalties for shall provide all requested information and trative (including office space) and sup- existing securities violations by an ad- data to the Council as requested. portive services as are necessary to ensure ditional $50,000 for financial crimes that the Council can carry out its functions. (c) POSTAL SERVICES.—The Council may committed by those 62 and higher, the use the United States mails in the same SEC. 8. AUTHORIZATION OF APPROPRIATIONS. age at which many orient their invest- (a) IN GENERAL.—There are authorized to manner and under the same conditions as ments to be in conjunction with social other departments and agencies of the Fed- be appropriated to carry out this Act, eral Government. $750,000 for each of fiscal years 2010 through security eligibility. Violations could (d) GIFTS.— 2014. include selling them products that are (1) IN GENERAL.—The Council may accept, (b) AVAILABILITY.—Amounts authorized to unsuitable for their age, failing to dis- use, and dispose of gifts or donations of serv- be appropriated by subsection (a) shall re- close fees, charging large penalty fees, ices or property. main available for the 2 fiscal years fol- or switching the investment product (2) INTERNAL REGULATIONS.—The Council lowing such appropriation. actually sold from the one that was shall adopt internal regulations governing By Mr. CASEY (for himself, Mrs. marketed. the receipt of gifts or donations of services We need to enhance the protections GILLIBRAND, Mr. KOHL, and Mrs. or property similar to those described in part afforded to seniors. Please join us in 2601 of title 5, Code of Federal Regulations. SHAHEEN): support of the Senior Investor Protec- (e) CONTRACTS AND INTERAGENCY AGREE- S. 1659. A bill to enhance penalties MENTS.—The Council may enter into con- for violations of securities protections tions Enhancement Act of 2009. tracts with State, Tribal, and local govern- that involve targeting seniors; to the f ments, public agencies and private-sector en- Committee on Banking, Housing, and SUBMITTED RESOLUTIONS tities, and into interagency agreements with Urban Affairs. Federal agencies. Such contracts and inter- agency agreements may be single-year or Mr. CASEY. Mr. President, I rise multi-year in duration. today to join with Senators KOHL, SENATE RESOLUTION 258—COM- MEMORATING THE 100TH ANNI- SEC. 7. COUNCIL PERSONNEL MATTERS. GILLIBRAND and SHAHEEN to introduce (a) COMPENSATION OF MEMBERS.— the Senior Investor Protections En- VERSARY OF THE UNIVERSITY (1) NON-FEDERAL EMPLOYEES.—A member of hancement Act of 2009. OF WISCONSIN-LA CROSSE the Council who is not an officer or employee This important legislation would in- Mr. KOHL (for himself and Mr. FEIN- of the Federal Government shall be reason- crease the fines imposed on those who GOLD) submitted the following resolu- ably compensated for that member’s partici- commit securities violations against tion; which was referred to the Com- pation in the Council, including reimburse- seniors and thereby provide additional mittee on the Judiciary. ment for travel expenses as described in sub- security to a group who relies on their section (b). S. RES. 258 savings for survival. (2) FEDERAL EMPLOYEES.—A member of the Whereas La Crosse is located on the west- Council who is an officer or employee of the Seniors increasingly rely on private ern border of middle-Wisconsin, on the east United States shall serve without compensa- investments for their retirement. Over side of the Mississippi River; tion in addition to the compensation re- the last 30 years, traditional employer Whereas the first Europeans to see the site ceived for services of the member as an offi- sponsored pension plans, known as de- of La Crosse were French fur traders who cer or employee of the Federal Government. fined benefit plans, have been on the traveled the Mississippi River in the late (b) TRAVEL EXPENSES.—The members of decline. In 1975, 88 percent of private- 17th century; the Council shall be allowed travel expenses, sector workers were covered by defined Whereas La Crosse was incorporated as a city in 1856; including per diem in lieu of subsistence, at benefit plans; by 2005, that number had rates authorized for employees of agencies Whereas Thomas Morris sponsored a bill in under subchapter I of chapter 57 of title 5, shrunk to 33 percent of the private-sec- the Wisconsin State Senate that led to the United States Code, while away from their tor workforce. creation of the current-day University of homes or regular places of business in the Today, seniors control nearly $15 bil- Wisconsin-La Crosse; performance of services for the Council. lion in assets. These individuals face Whereas the University of Wisconsin-La (c) STAFF.— complicated decisions about how to Crosse was founded in 1909 as the La Crosse (1) EXECUTIVE DIRECTOR.—The Council shall best stretch their hard earned savings State Normal School for the purpose of appoint an Executive Director at its initial throughout their retirement. teacher preparation; meeting. The Executive Director shall be Unfortunately, these assets are at Whereas the philosophy of Fassett A. Cot- compensated at a rate not to exceed the rate ton, the university’s first president, was to of pay payable for level V of the Executive risk from traditional fraud and Ponzi train the whole person; Schedule under section 5316 of title 5, United schemes. Seniors are often offered com- Whereas ‘‘mens corpusque’’, Latin for States Code. plicated investment tools such as re- ‘‘mind and body’’, is the motto on the uni- (2) COMPENSATION.—With the approval of verse mortgages and various annuity versity seal; the Council, the Executive Director may ap- products. While these products can be Whereas the college changed its name to point and fix the compensation of such addi- very valuable to Americans generally Wisconsin State College-La Crosse in 1951 tional personnel as are necessary to carry and seniors specifically, they can also when the Wisconsin State teachers colleges out the duties of the Council. The rate of be abused by unscrupulous actors. began awarding baccalaureate degrees in lib- compensation may be set without regard to In fact, research shows that senior eral arts; the provisions of chapter 51 and subchapter Whereas the University of Wisconsin-La II of chapter 53 of title 5, United States Code, citizens face serious risks from fraudu- Crosse offers 88 undergraduate programs in relating to classification of positions and lent salesmen. A MetLife study found 44 disciplines and 26 graduate programs; General Schedule pay rates, except that the that seniors incur an estimated $2.6 bil- Whereas the University of Wisconsin-La rate of pay may not exceed the rate payable lion in losses due to financial abuse Crosse celebrated its 50th anniversary in

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Kennedy visited the campus viding 100 years of outstanding service States should become more informed and and spoke to the student body in Graff Main to the people of Wisconsin. aware of celiac disease; Hall auditorium; (3) calls upon the people of the United Whereas U.S. News & World Report ranked f States to observe National Celiac Disease the University of Wisconsin-La Crosse sec- SENATE RESOLUTION 259—DESIG- Awareness Day with appropriate ceremonies ond among midwestern public universities and activities; and offering bachelor’s and master’s degrees; NATING SEPTEMBER 13, 2009, AS (4) respectfully requests the Secretary of Whereas the University of Wisconsin-La ‘‘NATIONAL CELIAC DISEASE the Senate to transmit a copy of this resolu- Crosse men’s athletic teams adopted the AWARENESS DAY’’ tion to the Celiac Sprue Association, the nickname ‘‘Eagles’’ in the fall of 1989, and Mr. INHOFE (for himself and Mr. American Celiac Society and the Celiac Dis- the women’s teams adopted that nickname a ease Foundation. NELSON of Nebraska) submitted the fol- year later; Whereas the University of Wisconsin-La lowing resolution; which was consid- f Crosse athletic teams have won 59 National ered and agreed to: Collegiate Athletic Association Division III S. RES. 259 SENATE RESOLUTION 260—DESIG- NATING SEPTEMBER 16, 2009, AS titles in 9 different sports; and Whereas celiac disease affects approxi- Whereas 2009 marks the 100th anniversary mately 1 in every 130 people in the United ‘‘THE AMERICAN LEGION DAY’’ of the founding of the University of Wis- States, for a total of 3,000,000 people; Ms. SNOWE (for herself, Mrs. LIN- consin-La Crosse: Now, therefore, be it Whereas the majority of people with celiac COLN, Ms. COLLINS, and Mr. CHAMBLISS) Resolved, That the Senate— disease have yet to be diagnosed; (1) commemorates the 100th anniversary of submitted the following resolution; Whereas celiac disease is a chronic inflam- which was considered and agreed to: the University of Wisconsin-La Crosse; and matory disorder that is classified as both an (2) commends the university for its status autoimmune condition and a genetic condi- S. RES. 260 as a leading public university that excels in tion; Whereas, on September 16, 1919, Congress academics, athletics, and quality of life for Whereas celiac disease causes damage to issued to the American Legion a Federal students. the lining of the small intestine, which re- charter as a wartime veterans service orga- Mr. KOHL. Mr. President, today I sults in overall malnutrition; nization; rise to recognize the University of Wis- Whereas when a person with celiac disease Whereas the American Legion remains ac- consin-La Crosse on the 100th anniver- consumes foods that contain certain protein tive in communities at the national, State, sary of its founding. As the university fractions, that person suffers a cell-mediated and local levels; celebrates 100 years of service to the immune response that damages the villi of Whereas members of the American Legion people of Wisconsin, I am reminded of the small intestine, interfering with the ab- (commonly referred to as ‘‘Legionnaires’’) sorption of nutrients in food and the effec- provide millions of hours of volunteer serv- the excellent tradition of higher edu- tiveness of medications; ice to medical facilities of the Department of cation championed not only by the Whereas such problematic protein frac- Veterans Affairs and State homes for vet- state of Wisconsin, but by our entire tions are found in wheat, barley, rye, and erans throughout the United States; Nation. Education is the driving force oats, which are used to produce many foods, Whereas the American Legion continues to behind the prosperity of this nation, medications, and vitamins; sponsor activities for children and youth, in- and institutions such as the University Whereas because celiac disease is a genetic cluding the National Oratorical Contest, Boy of Wisconsin—La Crosse have helped disease, there is an increased incidence of ce- Scouts, American Legion Baseball, Boys prepare our most influential leaders liac disease in families with a known history State, and Boys Nation; and scholars throughout our Nation’s of celiac disease; Whereas the American Legion awards mil- Whereas celiac disease is underdiagnosed lions of dollars in college scholarships to history. I applaud UW—La Crosse for because the symptoms can be attributed to young men and women; its contributions to the state of Wis- other conditions and are easily overlooked Whereas the American Legion National consin and the U.S. over the past 100 by doctors and patients; Emergency Fund provides financial assist- years of its rich history. Whereas as recently as 2000, the average ance to Legionnaires displaced by natural One hundred years ago, Wisconsin person with celiac disease waited 11 years for disasters; State Senator Thomas Morris spon- a correct diagnosis; Whereas the American Legion Family Sup- sored a bill that would eventually cre- Whereas 1⁄2 of all people with celiac disease port Network provides assistance to mem- ate the University of Wisconsin—La do not show symptoms of the disease; bers of the Armed Forces of the United Crosse, which was founded in 1909 as Whereas celiac disease is diagnosed by States and their families; the La Crosse State Normal School. tests that measure the blood for abnormally Whereas the American Legion Child Wel- high levels of the antibodies of immuno- fare Foundation has provided millions of dol- The honorable Fassett A. Cotton, the globulin A, anti-tissue transglutaminase, lars to programs focused on youth in the university’s first president, insisted and IgA anti-endomysium antibodies; United States, including the Special Olym- that the education provided at his Whereas celiac disease can be treated only pics and the Children’s Miracle Network; school would shape the whole person. by implementing a diet free of wheat, barley, Whereas the American Legion Temporary The university’s motto, emblazoned on rye, and oats, often called a ‘‘gluten-free Financial Assistance provides grants to vet- its official seal, reads ‘‘mens diet’’; erans with children experiencing financial corpusque’’, Latin for ‘‘mind and Whereas a delay in the diagnosis of celiac hardships; body’’. At the university’s 50th anni- disease can result in damage to the small in- Whereas the American Legion remains sec- testine, which leads to an increased risk for ond to none in steadfast support of strong versary in 1959, presidential candidate malnutrition, anemia, lymphoma, adenocar- national defense; John F. Kennedy spoke to the students cinoma, osteoporosis, miscarriage, con- Whereas the American Legion supports in the Graff Main Hall auditorium. genital malformation, short stature, and dis- maintaining a viable and principled foreign Today, the university is recognized as orders of skin and other organs; relations agenda; a premier Midwestern public university Whereas celiac disease is linked to many Whereas the American Legion is a staunch by U.S. News & World Report. The Uni- autoimmune disorders, including thyroid advocate for the principal missions of the versity of Wisconsin—La Crosse offers disease, systemic lupus erythematosus, type Department of Veterans Affairs; 88 undergraduate programs in 44 dis- 1 diabetes, liver disease, collagen vascular Whereas the American Legion wrote the disease, rheumatoid arthritis, and Sjogren’s original draft of the Servicemen’s Readjust- ciplines, along with 26 graduate pro- syndrome; ment Act of 1944 (58 Stat. 284, chapter 268), grams. Its athletics programs com- Whereas the connection between celiac dis- commonly referred to as the ‘‘G. I. Bill of plement its superb academic reputa- ease and diet was first established by Dr. Rights’’; tion, having won 59 National Collegiate Samuel Gee, who wrote, ‘‘if the patient can Whereas the American Legion continues to Athletic Association Division III titles be cured at all, it must be by means of diet’’; support employment programs and opportu- in nine different sports. Whereas Dr. Samuel Gee was born on Sep- nities for veterans; and Therefore, in this centennial anniver- tember 13, 1839; and Whereas Legionnaires believe that a vet- sary year for the reputable University Whereas the Senate is an institution that eran’s service to the United States continues of Wisconsin—La Crosse, I would rec- can raise awareness in the general public and long after the veteran is honorably dis- the medical community of celiac disease: charged from the Armed Forces of the ommend that educational institutions Now, therefore, be it United States: Now, therefore, be it across the Nation look to La Crosse as Resolved, That the Senate— Resolved, That the Senate designates Sep- an example of great academic achieve- (1) designates September 13, 2009, as ‘‘Na- tember 16, 2009, as ‘‘The American Legion ment. I would also like to express my tional Celiac Disease Awareness Day’’; Day’’.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9270 CONGRESSIONAL RECORD — SENATE September 10, 2009 SENATE RESOLUTION 261—DESIG- bill H.R. 3288, supra; which was ordered to lie SA 2308. Mr. MCCAIN submitted an NATING SEPTEMBER 12, 2009, AS on the table. amendment intended to be proposed by ‘‘NATIONAL DAY OF ENCOURAGE- SA 2314. Mr. McCAIN submitted an amend- him to the bill H.R. 3288, making ap- ment intended to be proposed by him to the MENT’’ bill H.R. 3288, supra; which was ordered to lie propriations for the Departments of Mr. PRYOR submitted the following on the table. Transportation, and Housing and resolution; which was considered and SA 2315. Mr. McCAIN submitted an amend- Urban Development, and related agen- ment intended to be proposed by him to the cies for the fiscal year ending Sep- agreed to: bill H.R. 3288, supra; which was ordered to lie tember 30, 2010, and for other purposes; S. RES. 261 on the table. which was ordered to lie on the table; Whereas negative images, stories, and in- SA 2316. Mr. McCAIN submitted an amend- as follows: fluences in the day-to-day lives of Americans ment intended to be proposed by him to the bill H.R. 3288, supra; which was ordered to lie On page 194, after line 23, add the fol- can detrimentally affect their emotional lowing: well-being, interactions with others, and on the table. SA 2317. Mr. McCAIN submitted an amend- SEC. 1lll. None of the funds made avail- general demeanor; able by this Act may be used for any eco- ment intended to be proposed by him to the Whereas a group of teenagers participating nomic development initiative at a brownfield bill H.R. 3288, supra; which was ordered to lie in a leadership forum at Harding University site (as defined in section 101 of the Com- on the table. in Searcy, Arkansas, identified a lack of en- prehensive Environmental Response, Com- couragement as one of the greatest problems SA 2318. Mr. McCAIN submitted an amend- ment intended to be proposed by him to the pensation, and Liability Act of 1980 (42 facing young people today; U.S.C. 9601)). Whereas the youth of our Nation need bill H.R. 3288, supra; which was ordered to lie on the table. guidance, inspiration, and reassurance to C SA 2319. Mr. McCAIN submitted an amend- SA 2309. Mr. M CAIN submitted an counteract this negativity and to develop ment intended to be proposed by him to the amendment intended to be proposed by the qualities of character essential for future bill H.R. 3288, supra; which was ordered to lie him to the bill H.R. 3288, making ap- leadership in our country; on the table. propriations for the Departments of Whereas a National Day of Encouragement SA 2320. Mr. McCAIN submitted an amend- Transportation, and Housing and would serve as a reminder to counterbalance ment intended to be proposed by him to the Urban Development, and related agen- and overcome negative influences, and would bill H.R. 3288, supra; which was ordered to lie also provide much-needed encouragement cies for the fiscal year ending Sep- on the table. tember 30, 2010, and for other purposes; and support to others; SA 2321. Mr. McCAIN submitted an amend- Whereas following the events of September ment intended to be proposed by him to the which was ordered to lie on the table; 11, 2001, thousands of people of the United bill H.R. 3288, supra; which was ordered to lie as follows: States made sacrifices in order to bring help on the table. At the appropriate place, insert the fol- and healing to the victims and their fami- SA 2322. Mr. McCAIN submitted an amend- lowing: lies, inspiring and encouraging the Nation; ment intended to be proposed by him to the SEC. ll. ELIMINATION OF EARMARK FOR PAN- and bill H.R. 3288, supra; which was ordered to lie HANDLE AREA DEVELOPMENT DIS- Whereas the renewed feelings of unity, on the table. TRICT. hope, selflessness, and encouragement that SA 2323. Mr. McCAIN submitted an amend- None of the funds made available under began on September 12, 2001, are the same ment intended to be proposed by him to the this Act may be used for the Panhandle Area feelings that the National Day of Encourage- bill H.R. 3288, supra; which was ordered to lie Development District in Gering, Nebraska, ment is meant to recapture and spread: Now, on the table. to remodel an existing building for use as a therefore, be it SA 2324. Mr. McCAIN submitted an amend- physical and virtual small business incu- Resolved, That the Senate— ment intended to be proposed by him to the bator to serve the Panhandle of Nebraska. (1) designates September 12, 2009, as ‘‘Na- bill H.R. 3288, supra; which was ordered to lie tional Day of Encouragement’’; on the table. SA 2310. Mr. MCCAIN submitted an (2) acknowledges the importance of encour- SA 2325. Mr. McCAIN submitted an amend- amendment intended to be proposed by agement and positive influences in the lives ment intended to be proposed by him to the him to the bill H.R. 3288, making ap- of all people; and bill H.R. 3288, supra; which was ordered to lie propriations for the Departments of (3) urges the people of the United States to on the table. Transportation, and Housing and SA 2326. Mr. WHITEHOUSE (for Mr. SCHU- encourage others, whether it be through an MER) proposed an amendment to the resolu- Urban Development, and related agen- act of service, a thoughtful letter, or words tion S. Res. 245, recognizing September 11 as cies for the fiscal year ending Sep- of kindness and inspiration, and to thereby a ‘‘National Day of Service and Remem- tember 30, 2010, and for other purposes; boost the morale of all. brance’.. which was ordered to lie on the table; f SA 2327. Mr. WHITEHOUSE (for Mr. SCHU- as follows: MER) proposed an amendment to the resolu- At the appropriate place, insert the fol- AMENDMENTS SUBMITTED AND tion S. Res. 245, supra. PROPOSED SA 2328. Ms. KLOBUCHAR submitted an lowing: SEC. ll. ELIMINATION OF EARMARK FOR SA 2307. Mr. McCAIN submitted an amend- amendment intended to be proposed by her to the bill H.R. 3288, making appropriations PORTSMOUTH MUSIC HALL. ment intended to be proposed by him to the None of the funds made available under for the Departments of Transportation, and bill H.R. 3288, making appropriations for the this Act may be used for the Portsmouth Housing and Urban Development, and related Departments of Transportation, and Housing Music Hall in Portsmouth, New Hampshire, agencies for the fiscal year ending Sep- and Urban Development, and related agen- for repairs, restoration, or modernization of tember 30, 2010, and for other purposes; which cies for the fiscal year ending September 30, a theater, or construction of an additional was ordered to lie on the table. 2010, and for other purposes; which was or- space. dered to lie on the table. SA 2329. Ms. KLOBUCHAR submitted an amendment intended to be proposed by her SA 2308. Mr. McCAIN submitted an amend- SA 2311. Mr. MCCAIN submitted an ment intended to be proposed by him to the to the bill H.R. 3288, supra; which was or- amendment intended to be proposed by dered to lie on the table. bill H.R. 3288, supra; which was ordered to lie him to the bill H.R. 3288, making ap- on the table. f propriations for the Departments of SA 2309. Mr. McCAIN submitted an amend- TEXT OF AMENDMENTS Transportation, and Housing and ment intended to be proposed by him to the bill H.R. 3288, supra; which was ordered to lie SA 2307. Mr. MCCAIN submitted an Urban Development, and related agen- on the table. amendment intended to be proposed by cies for the fiscal year ending Sep- SA 2310. Mr. McCAIN submitted an amend- him to the bill H.R. 3288, making ap- tember 30, 2010, and for other purposes; ment intended to be proposed by him to the propriations for the Departments of which was ordered to lie on the table; bill H.R. 3288, supra; which was ordered to lie Transportation, and Housing and as follows: on the table. Urban Development, and related agen- At the appropriate place, insert the fol- SA 2311. Mr. McCAIN submitted an amend- cies for the fiscal year ending Sep- lowing: ment intended to be proposed by him to the SEC. ll. ELIMINATION OF EARMARK FOR THE bill H.R. 3288, supra; which was ordered to lie tember 30, 2010, and for other purposes; CITY OF GIG HARBOR. on the table. which was ordered to lie on the table; None of the funds made available under SA 2312. Mr. McCAIN submitted an amend- as follows: this Act may be used for the City of Gig Har- ment intended to be proposed by him to the On page 194, after line 23, add the fol- bor, Washington, for improved physical ac- bill H.R. 3288, supra; which was ordered to lie lowing: cess to area businesses. on the table. SEC. 1lll. None of the funds made avail- SA 2313. Mr. McCAIN submitted an amend- able by this Act may be used for surface SA 2312. Mr. MCCAIN submitted an ment intended to be proposed by him to the transportation priorities. amendment intended to be proposed by

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Mr. MCCAIN submitted an propriations for the Departments of Urban Development, and related agen- amendment intended to be proposed by Transportation, and Housing and cies for the fiscal year ending Sep- him to the bill H.R. 3288, making ap- Urban Development, and related agen- tember 30, 2010, and for other purposes; propriations for the Departments of cies for the fiscal year ending Sep- which was ordered to lie on the table; Transportation, and Housing and tember 30, 2010, and for other purposes; as follows: Urban Development, and related agen- which was ordered to lie on the table; At the appropriate place, insert the fol- cies for the fiscal year ending Sep- as follows: lowing: tember 30, 2010, and for other purposes; At the appropriate place, insert the fol- SEC. ll. ELIMINATION OF EARMARK FOR THE which was ordered to lie on the table; lowing: URBAN LEAGUE OF SOUTHERN CON- as follows: NECTICUT. SEC. ll. ELIMINATION OF EARMARK FOR THE None of the funds made available under On page 194, after line 23, add the fol- CONSUMER CREDIT COUNSELING lowing: SERVICE. this Act may be used for the Urban League of Southern Connecticut in Stamford, Con- SEC. 1lll. None of the funds made avail- None of the funds made available under able by this Act may be used to purchase the this Act may be used for the Consumer Cred- necticut for homeownership and foreclosure prevention counseling. equipment needed to construct a city-wide it Counseling Service in Las Vegas, Nevada, broadband network for the City of Ruston, for foreclosure prevention efforts. SA 2317. Mr. MCCAIN submitted an Louisiana. amendment intended to be proposed by SA 2313. Mr. MCCAIN submitted an SA 2322. Mr. MCCAIN submitted an him to the bill H.R. 3288, making ap- amendment intended to be proposed by amendment intended to be proposed by propriations for the Departments of him to the bill H.R. 3288, making ap- him to the bill H.R. 3288, making ap- Transportation, and Housing and propriations for the Departments of propriations for the Departments of Urban Development, and related agen- Transportation, and Housing and Transportation, and Housing and cies for the fiscal year ending Sep- Urban Development, and related agen- Urban Development, and related agen- tember 30, 2010, and for other purposes; cies for the fiscal year ending Sep- cies for the fiscal year ending Sep- which was ordered to lie on the table; tember 30, 2010, and for other purposes; tember 30, 2010, and for other purposes; as follows: which was ordered to lie on the table; which was ordered to lie on the table; as follows: On page 194, after line 23, add the fol- as follows: lowing: At the appropriate place, insert the fol- On page 194, after line 23, add the fol- lowing: SEC. 1lll. None of the funds made avail- able by this Act may be used to renovate a lowing: SEC. ll. ELIMINATION OF EARMARK FOR THE complex in Tallahatchie County, Mississippi. SEC. 1lll. None of the funds made avail- JACKSONVILLE AREA LEGAL AID. able by this Act may be used to construct a None of the funds made available under SA 2318. Mr. MCCAIN submitted an children’s museum in Wilmington, Delaware. this Act may be used for the Jacksonville Area Legal Aid in Jacksonville, Florida for amendment intended to be proposed by him to the bill H.R. 3288, making ap- SA 2323. Mr. MCCAIN submitted an foreclosure prevention training and other amendment intended to be proposed by legal services. propriations for the Departments of Transportation, and Housing and him to the bill H.R. 3288, making ap- propriations for the Departments of SA 2314. Mr. MCCAIN submitted an Urban Development, and related agen- amendment intended to be proposed by cies for the fiscal year ending Sep- Transportation, and Housing and him to the bill H.R. 3288, making ap- tember 30, 2010, and for other purposes; Urban Development, and related agen- propriations for the Departments of which was ordered to lie on the table; cies for the fiscal year ending Sep- Transportation, and Housing and as follows: tember 30, 2010, and for other purposes; which was ordered to lie on the table; Urban Development, and related agen- On page 194, after line 23, add the fol- cies for the fiscal year ending Sep- lowing: as follows: tember 30, 2010, and for other purposes; SEC. 1lll. None of the funds made avail- On page 194, after line 23, add the fol- which was ordered to lie on the table; able by this Act may be used by the Ada lowing: SEC. 1lll. None of the funds made avail- as follows: Public Works Authority to construct a water tower in Ada, Oklahoma. able by this Act may be used to construct a At the appropriate place, insert the fol- public access floating dock system in Savan- lowing: SA 2319. Mr. MCCAIN submitted an nah, Georgia. SEC. ll. ELIMINATION OF EARMARK FOR amendment intended to be proposed by NEIGHBORWORKS LINCOLN. him to the bill H.R. 3288, making ap- SA 2324. Mr. MCCAIN submitted an None of the funds made available under amendment intended to be proposed by this Act may be used for NeighborWorks Lin- propriations for the Departments of Transportation, and Housing and him to the bill H.R. 3288, making ap- coln in Lincoln, Nebraska for neighborhood propriations for the Departments of revitalization, including elimination of Urban Development, and related agen- blight, construction of single family homes, cies for the fiscal year ending Sep- Transportation, and Housing and rehabilitation, and repairs. tember 30, 2010, and for other purposes; Urban Development, and related agen- which was ordered to lie on the table; cies for the fiscal year ending Sep- SA 2315. Mr. MCCAIN submitted an as follows: tember 30, 2010, and for other purposes; amendment intended to be proposed by On page 194, after line 23, add the fol- which was ordered to lie on the table; him to the bill H.R. 3288, making ap- lowing: as follows: propriations for the Departments of SEC. 1lll. None of the funds made avail- On page 194, after line 23, add the fol- Transportation, and Housing and able by this Act may be used to renovate a lowing: Urban Development, and related agen- historical structure in Oxford, Mississippi. SEC. 1lll. None of the funds made avail- cies for the fiscal year ending Sep- able by this Act may be used to renovate an tember 30, 2010, and for other purposes; SA 2320. Mr. MCCAIN submitted an arts pavilion in Jackson County, Mississippi. which was ordered to lie on the table; amendment intended to be proposed by SA 2325. Mr. MCCAIN submitted an as follows: him to the bill H.R. 3288, making ap- propriations for the Departments of amendment intended to be proposed by At the appropriate place, insert the fol- him to the bill H.R. 3288, making ap- lowing: Transportation, and Housing and Urban Development, and related agen- propriations for the Departments of SEC. ll. ELIMINATION OF EARMARK FOR THE Transportation, and Housing and NORTH END ACTION TEAM. cies for the fiscal year ending Sep- None of the funds made available under tember 30, 2010, and for other purposes; Urban Development, and related agen- this Act may be used for the North End Ac- which was ordered to lie on the table; cies for the fiscal year ending Sep- tion Team in Middletown, Connecticut for as follows: tember 30, 2010, and for other purposes; foreclosure prevention assistance. On page 194, after line 23, add the fol- which was ordered to lie on the table; lowing: as follows: Mr. MCCAIN submitted an SA 2316. SEC. 1lll. None of the funds made avail- On page 194, after line 23, add the fol- amendment intended to be proposed by able by this Act may be used to construct a lowing: him to the bill H.R. 3288, making ap- beach park promenade in Pascagoula, Mis- SEC. 1lll. None of the funds made avail- propriations for the Departments of sissippi. able by this Act may be used to expand high-

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9272 CONGRESSIONAL RECORD — SENATE September 10, 2009 speed broadband connectivity in St. fore the Senate Committee on Energy COMMITTEE ON INDIAN AFFAIRS Johnsbury, Vermont. and Natural Resources. The hearing Mr. LEAHY. Mr. President, I ask will be held on Thursday, September unanimous consent that the Com- SA 2326. Mr. WHITEHOUSE (for Mr. 17, 2009, at 2:15 p.m., in room SD–366 of mittee on Indian Affairs be authorized SCHUMER) proposed an amendment to the Dirksen Senate Office Building. to meet during the session of the Sen- the resolution S. Res. 245, recognizing The purpose of this hearing is to re- ate on September 10, 2009, at 2:15 p.m. September 11 as a ‘‘National Day of ceive testimony on Energy and Related in Room 628 of the Dirksen Senate Of- Service and Remembrance’’.; as fol- Economic Effects of Global Climate fice Building. lows: Change Legislation. The PRESIDING OFFICER. Without On page 3, line 3, strike ‘‘annually observe Because of the limited time available objection, it is so ordered. a ‘National Day of Service and Remem- for the hearing, witnesses may testify brance’ ’’ and insert ‘‘observe a ‘National COMMITTEE ON THE JUDICIARY Day of Service and Remembrance’ on Sep- by invitation only. However, those Mr. LEAHY. Mr. President, I ask tember 11, 2009’’. wishing to submit written testimony unanimous consent that the Com- for the hearing record may do so by mittee on the Judiciary be authorized SA 2327. Mr. WHITEHOUSE (for Mr. sending it to the Committee on Energy to meet during the session of the Sen- SCHUMER) proposed an amendment to and Natural Resources, United States ate on September 10, 2009, at 10 a.m., in the resolution S. Res. 245, recognizing Senate, Washington, D.C. 20510–6150, or SD–226 of the Dirksen Senate Office September 11 as a ‘‘National Day of by e-mail to Building, to conduct an executive busi- Service and Remembrance’’.; as fol- [email protected]. ness meeting. lows: For further information, please con- The PRESIDING OFFICER. Without Amend the title so as to read: ‘‘Recog- tact Jonathan Black or Gina objection, it is so ordered. nizing September 11, 2009, as a ‘National Day Weinstock. COMMITTEE ON VETERANS’ AFFAIRS of Service and Remembrance’.’’. f Mr. LEAHY. Mr. President, I ask unanimous consent that Committee on SA 2328. Ms. KLOBUCHAR submitted AUTHORITY FOR COMMITTEES TO MEET Veterans’ Affairs be authorized to meet an amendment intended to be proposed during the session of the Senate on by her to the bill H.R. 3288, making ap- COMMITTEE ON BANKING, HOUSING, AND URBAN September 10, 2009. The Committee will AFFAIRS propriations for the Departments of meet in room 345 of the Cannon House Transportation, and Housing and Mr. LEAHY. Mr. President, I ask Office Building beginning at 9:30 a.m. Urban Development, and related agen- unanimous consent that the Com- The PRESIDING OFFICER. Without cies for the fiscal year ending Sep- mittee on Banking, Housing, and objection, it is so ordered. tember 30, 2010, and for other purposes; Urban Affairs be authorized to meet which was ordered to lie on the table; during the session of the Senate on f as follows: September 10, 2009, at 2:30 p.m., to con- PRIVILEGES OF THE FLOOR On page 194, after line 23, add the fol- duct a hearing entitled ‘‘Oversight of Mr. HARKIN. Mr. President, I ask lowing: the SEC’s Failure To Identify the Ber- unanimous consent that April Saylor SEC. 1lll. Notwithstanding any other nard L. Madoff Ponzi Scheme and How and Elyse Kamps of my staff be grant- provision of law, funds made available under To Improve SEC Performance.’’ the Consolidated Appropriations Act, 2008 ed the privilege of the floor for the du- The PRESIDING OFFICER. Without ration of today’s session. (Public Law 110–161) for ‘‘I–35W Reconstruc- objection, it is so ordered. tion Design, New Brighton, MN’’, and under The PRESIDING OFFICER. Without the Omnibus Appropriations Act, 2009 (Pub- COMMITTEE ON FINANCE objection, it is so ordered. lic Law 111–8) for ‘‘I-35W North Congestion Mr. LEAHY. Mr. President, I ask Mrs. MURRAY. Mr. President, I ask Mitigation and Design, MN’’, shall be avail- unanimous consent that the Com- unanimous consent that Joanne able for obligation and expenditure for con- mittee on Finance be authorized to Waszczak and Dedre Goodman, struction in that corridor. meet during the session of the Senate detailees from the Department of on September 10, 2009, at 2:15 p.m., in Ms. KLOBUCHAR submitted Transportation to the Committee on SA 2329. room 215 of the Dirksen Senate Office an amendment intended to be proposed Appropriations, be granted unlimited Building, to conduct a hearing entitled by her to the bill H.R. 3288, making ap- privileges of the floor during consider- ‘‘Oil and Gas Tax Provisions: A Consid- propriations for the Departments of ation of the Transportation-HUD ap- eration of the President’s FY2010 Budg- Transportation, and Housing and propriations bill. et Proposal.’’ Urban Development, and related agen- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without cies for the fiscal year ending Sep- objection, it is so ordered. objection, it is so ordered. tember 30, 2010, and for other purposes; f which was ordered to lie on the table; COMMITTEE ON FOREIGN RELATIONS Mr. LEAHY. Mr. President, I ask NATIONAL DAY OF SERVICE AND as follows: REMEMBRANCE On page 215, between lines 2 and 3, insert unanimous consent that the Com- the following: mittee on Foreign Relations be author- Mr. WHITEHOUSE. Mr. President, I SEC. 156. Notwithstanding any other provi- ized to meet during the session of the ask unanimous consent that the Judi- sion of law, amounts made available for the Senate on September 10, 2009, at 2:30 ciary Committee be discharged from Railroad Rehabilitation and Improvement p.m., to hold a hearing entitled ‘‘Iraq: further consideration of S. Res. 245 and Financing Program under title I of division I Report from the Field.’’ the Senate proceed to its immediate of the Omnibus Appropriations Act, 2009 The PRESIDING OFFICER. Without consideration. (Public Law 111–8) and directed to ‘‘Phase 3 objection, it is so ordered. The PRESIDING OFFICER (Mr. Rail Rehabilitation in Redwood Falls, MN’’ in the explanatory statement appearing on COMMITTEE ON HOMELAND SECURITY AND BEGICH). Without objection, it is so or- page H2472 of the Congressional Record shall GOVERNMENTAL AFFAIRS dered. The clerk will report the resolu- be available for obligation and expenditure Mr. LEAHY. Mr. President, I ask tion by title. for ‘‘Minnesota Valley Regional Rail Author- unanimous consent that the Com- The bill clerk read as follows: ity, MN.’’. mittee on Homeland Security and Gov- A resolution (S. Res. 245) recognizing Sep- f ernmental Affairs be authorized to tember 11 as a ‘‘National Day of Service and meet during the session of the Senate Remembrance.’’ NOTICE OF HEARING on September 10, 2009, at 10 a.m., to There being no objection, the Senate COMMITTEE ON ENERGY AND NATURAL conduct a hearing entitled ‘‘Follow the proceeded to consider the resolution. RESOURCES Money: An Update on Stimulus Spend- Mr. WHITEHOUSE. I ask unanimous Mr. BINGAMAN. Mr. President, I ing, Transparency, and Fraud Preven- consent that an amendment to the res- would like to announce for the infor- tion.’’ olution, which is at the desk, be agreed mation of the Senate and the public The PRESIDING OFFICER. Without to; the resolution, as amended, be that a hearing has been scheduled be- objection, it is so ordered. agreed to; the preamble be agreed to;

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9273 that an amendment to the title, which recognized ‘‘National Day of Service and Re- Whereas coasts and estuaries contribute is at the desk, be agreed to; the mo- membrance’’, and for the President of the more than $800,000,000,000 annually in trade tions to reconsider be laid upon the United States to proclaim the day as such; and commerce to the Nation’s economy; table, with no intervening action or de- Whereas, in 2004, Congress unanimously Whereas more than 43 percent of all adults passed H. Con. Res. 473, expressing the sense in the United States visit a sea coast or estu- bate, and any statements related to the of Congress that it is appropriate to observe ary at least once a year to participate in resolution be printed in the RECORD. the anniversary of the attacks of September some form of recreation, generating The PRESIDING OFFICER. Without 11, 2001, with voluntary acts of service and $8,000,000,000 to $12,000,000,000 in revenue an- objection, it is so ordered. compassion; nually; The amendment (No. 2326) was agreed Whereas hundreds of thousands of people in Whereas more than 28,000,000 jobs in the to as follows: the United States from all 50 States, as well United States are supported through com- mercial and recreational fishing, boating, On page 3, line 3, strike ‘‘annually observe as others who live in 170 different countries, tourism, and other coastal industries that a ‘National Day of Service and Remem- annually observe the anniversary of the at- rely on healthy estuaries; brance’ ’’ and insert ‘‘observe a ‘National tacks of September 11, 2001, by personally en- Whereas estuaries provide vital habitat for Day of Service and Remembrance’ on Sep- gaging in service, good deeds, and other countless species of fish and wildlife, includ- tember 11, 2009’’. charitable acts; and Whereas, on March 31, 2009, Congress ing many that are listed as threatened or en- The resolution (S. Res. 245), as passed the Edward M. Kennedy Serve Amer- dangered; amended, was agreed to. ica Act, which included for the first time au- Whereas estuaries provide critical eco- The preamble was agreed to. thorization and Federal recognition of Sep- system services that protect human health The title amendment (No. 2327) was tember 11 as a ‘‘National Day of Service and and public safety, including water filtration, agreed to, as follows: Remembrance’’, a bill signed into law on flood control, shoreline stabilization and erosion prevention, and protection of coastal Amend the title so as to read: ‘‘Recog- April 21, 2009, by President Barack Obama: Now, therefore, be it communities during extreme weather events; nizing September 11, 2009, as a ‘National Day Whereas 55,000,000 acres of estuarine habi- of Service and Remembrance’.’’. Resolved, That the Senate— (1) calls upon all people in the United tat have been destroyed over the last 100 The resolution, as amended, with its States to observe a ‘‘National Day of Service years; preamble, reads as follows: and Remembrance’’ on September 11, 2009, Whereas bays once filled with fish and oys- S. RES. 245 with appropriate and personal expressions of ters have become dead zones filled with ex- reflection, including performing good deeds, cess nutrients, chemical wastes, and harmful Whereas, on September 11, 2001, terrorists algae; ruthlessly attacked the United States, lead- attending memorial and remembrance serv- ices, and voluntarily engaging in community Whereas sea level rise is accelerating the ing to the tragic deaths and injuries of thou- degradation of estuaries by submerging low- sands of innocent United States citizens and service or other charitable activities of their own choosing in honor of those who lost lying lands, eroding beaches, converting wet- other citizens from more than 90 different lands to open water, exacerbating coastal countries and territories; their lives or were injured in the attacks of September 11, 2001, in tribute to those who flooding, and increasing the salinity of estu- Whereas in response to the attacks in New aries and freshwater aquifers; York City, Washington, DC, and Shanksville, rose to come to the aid of those in need, and in defense of our Nation; and Whereas in the Coastal Zone Management Pennsylvania, firefighters, police officers, Act of 1972 (16 U.S.C. 1451 et seq.), Congress (2) urges all people in the United States to emergency medical technicians, physicians, found and declared that it is national policy continue to live their lives throughout the nurses, military personnel, and other first to preserve, protect, develop, and where pos- year with the same spirit of unity, service, responders immediately and without concern sible, to restore or enhance, the resources of and compassion that was exhibited through- for their own well-being rose to service, in a the Nation’s coastal zone, including estu- out the Nation following the terrorist at- heroic attempt to protect the lives of those aries, for current and future generations; tacks of September 11, 2001. still at risk, consequently saving thousands Whereas estuary restoration efforts cost- of men and women; f effectively restore natural infrastructure in Whereas in the immediate aftermath of the NATIONAL ESTUARIES DAY local communities, helping to create jobs attacks, thousands of recovery workers, in- and reestablish the natural functions of estu- cluding trades personnel, iron workers, Mr. WHITEHOUSE. Mr. President, I aries that yield countless benefits; and equipment operators, and many others, ask unanimous consent that the Judi- Whereas September 26, 2009, has been des- joined with firemen, police officers, and mili- ciary Committee be discharged from ignated ‘‘National Estuaries Day’’ to in- tary personnel to help to search for and re- further consideration of S. Res. 247 and crease awareness among all citizens, includ- cover victims lost in the terrorist attacks; the Senate proceed to its immediate ing local, State, and Federal officials, about Whereas in the days, weeks, and months the importance of healthy estuaries and the following the attacks, thousands of people in consideration. need to protect them: Now, therefore, be it the United States and others spontaneously The PRESIDING OFFICER. Without Resolved, That the Senate— volunteered to help support the rescue and objection, it is so ordered. The clerk (1) designates September 26, 2009, as ‘‘Na- recovery efforts, braving both physical and will report the resolution by title. tional Estuaries Day’’; emotional hardship; The bill clerk read as follows: (2) supports the goals and ideals of ‘‘Na- Whereas many first responders, rescue and A resolution (S. Res. 247) designating Sep- tional Estuaries Day’’; recovery workers, and volunteers, as well as tember 26, 2009 as ‘‘National Estuaries Day.’’ (3) acknowledges the importance of estu- survivors of the 9/11 terrorist attacks, con- aries to the Nation’s economic well-being tinue to suffer from serious medical illnesses There being no objection, the Senate and productivity; and emotional distress related to the phys- proceeded to consider the resolution. (4) recognizes the persistent threats that ical and mental trauma of the 9/11 tragedy; Mr. WHITEHOUSE. I ask unanimous undermine the health of the Nation’s estu- Whereas hundreds of thousands of brave consent that the resolution be agreed aries; men and women continue to serve every day, to, the preamble be agreed to, the mo- (5) applauds the work of national and com- having answered the call to duty as members tions to reconsider be laid upon the munity organizations and public partners to of the United States Armed Forces, with table, with no intervening action or de- promote public awareness, protection, and thousands having given their lives or suf- bate, and that any statements related restoration of estuaries; and fered injury to defend our Nation’s security (6) reaffirms its support for estuaries, in- and prevent future terrorist attacks; to the resolution be printed in the cluding the preservation, protection, and res- Whereas the entire Nation witnessed and RECORD. toration thereof, and expresses its intent to shared in the tragedy of September 11, 2001, The PRESIDING OFFICER. Without continue working to protect and restore the and in the immediate aftermath of the at- objection, it is so ordered. estuaries of the United States. tacks became unified under a remarkable The resolution (S. Res. 247) was f spirit of service and compassion that in- agreed to. spired and helped heal the Nation; The preamble was agreed to. NATIONAL CELIAC DISEASE Whereas in the years immediately fol- The resolution, with its preamble, AWARENESS DAY lowing the attacks of September 11, 2001, the reads as follows: Mr. WHITEHOUSE. Mr. President, I U.S. Bureau of Labor Statistics documented ask unanimous consent that the Sen- a marked increase in volunteerism among S. RES. 247 the people of the United States; Whereas the estuary regions of the United ate now proceed to the consideration of Whereas families of 9/11 victims, survivors, States comprise a significant share of the S. Res. 259, which was submitted ear- first responders, rescue and recovery work- national economy, with 43 percent of the lier today. ers, and volunteers called for Congress to population, 40 percent of employment, and 49 The PRESIDING OFFICER. The pass legislation to formally authorize the es- percent of economic output located in such clerk will report the resolution by tablishment of September 11 as an annually regions; title.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9274 CONGRESSIONAL RECORD — SENATE September 10, 2009 The bill clerk read as follows: the medical community of celiac disease: ployment opportunities for returning A resolution (S. Res. 259) designating Sep- Now, therefore, be it combat veterans. They were concerned tember 13, 2009, as ‘‘National Celiac Disease Resolved, That the Senate— about the survivors of combat veterans Awareness Day.’’ (1) designates September 13, 2009, as ‘‘Na- who had paid the ultimate sacrifice in There being no objection, the Senate tional Celiac Disease Awareness Day’’; (2) recognizes that all people of the United service to their country. They were proceeded to consider the resolution. States should become more informed and concerned about medical care for the Mr. WHITEHOUSE. I ask unanimous aware of celiac disease; wounded and ill returning service consent that the resolution be agreed (3) calls upon the people of the United members. to, the preamble be agreed to, and the States to observe National Celiac Disease Now, as at its founding, The Amer- motion to reconsider be laid upon the Awareness Day with appropriate ceremonies ican Legion remains focused on sup- table. and activities; and porting military service members and The PRESIDING OFFICER. Without (4) respectfully requests the Secretary of their families. Since December, The objection, it is so ordered. the Senate to transmit a copy of this resolu- tion to the Celiac Sprue Association, the American Legion’s Operation Comfort The resolution (S. Res. 259) was Warrior raised over $170,000 to buy mer- agreed to. American Celiac Society and the Celiac Dis- chandise for Wounded Warriors in mili- The preamble was agreed to. ease Foundation. The resolution, with its preamble, f tary treatment centers around the reads as follows: country. The American Legion also es- THE AMERICAN LEGION DAY tablished the ‘‘Heroes to Hometowns’’ S. RES. 259 Mr. WHITEHOUSE. Mr. President, I program which helps local commu- Whereas celiac disease affects approxi- mately 1 in every 130 people in the United ask unanimous consent the Senate pro- nities prepare ‘‘welcome home’’ events States, for a total of 3,000,000 people; ceed to the consideration of S. Res. 260, when wounded warriors are finally re- Whereas the majority of people with celiac which was submitted earlier today. leased from military or veterans’ af- disease have yet to be diagnosed; The PRESIDING OFFICER. The fairs medical centers. Since the first Whereas celiac disease is a chronic inflam- clerk will report the resolution by Gulf War, The American Legion has matory disorder that is classified as both an title. maintained its Family Support Net- autoimmune condition and a genetic condi- The bill clerk read as follows: work which assists deployed service tion; Whereas celiac disease causes damage to A resolution (S. Res. 260) designating Sep- members and their families, especially the lining of the small intestine, which re- tember 16, 2009, as ‘‘The American Legion members of the National Guard and sults in overall malnutrition; Day.’’ Reserves. Some requests are for finan- Whereas when a person with celiac disease There being no objection, the Senate cial assistance, but other requests are consumes foods that contain certain protein proceeded to consider the resolution. simply for household chores, such as fractions, that person suffers a cell-mediated Ms. SNOWE. Mr. President, I rise to lawn work or car maintenance, that immune response that damages the villi of support this legislation I introduced would normally be done by the soldier, the small intestine, interfering with the ab- sorption of nutrients in food and the effec- with Senator LINCOLN, Senator COL- sailor, airmen, Marine, were they not tiveness of medications; LINS, and Senator CHAMBLISS, which deployed. No request is too large or too Whereas such problematic protein frac- would officially recognize this Nation’s small. tions are found in wheat, barley, rye, and largest veterans’ service organization, Many Legionnaires can be found in oats, which are used to produce many foods, The American Legion, and its vital role public schools on Veterans’ Day or Me- medications, and vitamins; in communities across the Nation, by morial Day talking about their mili- Whereas because celiac disease is a genetic designating September 16, 2009, as ‘‘The tary service in periods of armed con- disease, there is an increased incidence of ce- flict to make sure the next generation liac disease in families with a known history American Legion Day.’’ of celiac disease; Nothing describes the role of The of Americans understands the sac- Whereas celiac disease is underdiagnosed American Legion more beautifully rifices and hardships of previous gen- because the symptoms can be attributed to than its preamble to its constitution erations of wartime veterans. Legion- other conditions and are easily overlooked which is recited by its members at the naires also teach students about the by doctors and patients; beginning of every official meeting. proper display and care of the Flag of Whereas as recently as 2000, the average For God and Country, we associated our- the United States. person with celiac disease waited 11 years for The American Legion works closely a correct diagnosis; selves together for the following purposes: To uphold and defend the Constitution of the with the American Red Cross—the Whereas 1⁄2 of all people with celiac disease do not show symptoms of the disease; United States of America; to maintain law largest organization of blood donors Whereas celiac disease is diagnosed by and order; to foster and perpetuate a one and a working partner in disaster as- tests that measure the blood for abnormally hundred percent Americanism; to preserve sistance. Many American Legion Posts high levels of the antibodies of the memories and incidents of our associa- serve as Red Cross and FEMA work immunoglobulin A, anti-tissue tions in the Great Wars; to inculcate a sense centers in areas hit by natural disas- of individual obligation to the community, transglutaminase, and IgA anti-endomysium ters. antibodies; state and nation; to combat the autocracy of both the classes and the masses; to make The American Legion is also proud of Whereas celiac disease can be treated only its membership’s spirit of vol- by implementing a diet free of wheat, barley, right the Master of Might; to promote peace rye, and oats, often called a ‘‘gluten-free and good will on earth; to safeguard and unteerism. Each year, Legionnaires diet’’; transmit to Posterity the principles of jus- volunteer over a million hours of serv- Whereas a delay in the diagnosis of celiac tice, freedom and democracy; to consecrate ices in VA and military medical facili- disease can result in damage to the small in- and sanctify our comradeship by our devo- ties, State veterans’ homes, and other testine, which leads to an increased risk for tion to mutual helpfulness. such community volunteer opportuni- malnutrition, anemia, lymphoma, adenocar- I think we all would agree that these ties. cinoma, osteoporosis, miscarriage, con- are extremely lofty goals for any orga- And one of the most solemn of func- genital malformation, short stature, and dis- nization, but amazingly The American tions is providing burial details for orders of skin and other organs; Legion continues to work towards Whereas celiac disease is linked to many fallen comrades of every generation. autoimmune disorders, including thyroid these objectives—not for themselves, The American Legion Color Guards, disease, systemic lupus erythematosus, type but for America. Buglers and Rifle Squads perform thou- 1 diabetes, liver disease, collagen vascular Most people are surprised to learn sands of burials in veterans’ and pri- disease, rheumatoid arthritis, and Sjogren’s that The American Legion was actu- vate cemeteries around the Nation. syndrome; ally founded in Paris, France. You see As all of us in this chamber know, Whereas the connection between celiac dis- World War I veterans remembered the The American Legion remains today an ease and diet was first established by Dr. challenges facing other wartime vet- active and vigorous advocate for serv- Samuel Gee, who wrote, ‘‘if the patient can erans from previous generations and ice members, veterans and their fami- be cured at all, it must be by means of diet’’; Whereas Dr. Samuel Gee was born on Sep- vowed not to let their fellow comrades lies here on Capitol Hill. Among its tember 13, 1839; and face the same hardships, especially greatest legislative achievements was Whereas the Senate is an institution that those with service-connected disabil- the enactment of the Servicemen’s Re- can raise awareness in the general public and ities. They were concerned with em- adjustment Act of 1944, the GI Bill of

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9275 Rights. The initial draft of the GI Bill Whereas Legionnaires believe that a vet- PRINTING TRIBUTES FOR SEN- was written by Legionnaires at the eran’s service to the United States continues ATORS KENNEDY AND MARTINEZ long after the veteran is honorably dis- Mayflower Hotel here in Washington, Mr. WHITEHOUSE. Mr. President, I DC. Many consider the GI Bill as one of charged from the Armed Forces of the United States: Now, therefore, be it ask unanimous consent that the trib- the greatest pieces of legislation ever Resolved, That the Senate designates Sep- utes to Senators Kennedy and Martinez enacted. tember 16, 2009, as ‘‘The American Legion in the CONGRESSIONAL RECORD be print- Congress presented The American Le- Day’’. ed as separate Senate documents and gion its Federal charter on September that Senators be permitted to submit 16, 1919; therefore, I think it only fit- f statements for inclusion until Friday, ting that we proclaim September 16, October 9, 2009. 2009, ‘‘The American Legion Day.’’ I NATIONAL DAY OF The PRESIDING OFFICER. Without sincerely hope that my colleagues will ENCOURAGEMENT objection, it is so ordered. join me in supporting this well-earned Mr. WHITEHOUSE. Mr. President, I measure, demonstrating our mutual es- ask unanimous consent the Senate pro- f teem and reverence for this out- ceed to the immediate consideration of APPOINTMENT standing organization. S. Res. 261, submitted earlier today. The PRESIDING OFFICER. The Mr. WHITEHOUSE. Mr. President, I The PRESIDING OFFICER. The Chair, on behalf of the majority leader, ask unanimous consent the resolution clerk will report the resolution by pursuant to the provisions of Public be agreed to, the preamble be agreed title. Law 99–93, as amended by Public Law to, and the motion to reconsider be laid The bill clerk read as follows: 99–151, appoints the Senator from New upon the table. A resolution (S. Res. 261) designating Sep- The PRESIDING OFFICER. Without Mexico (Mr. UDALL) as a member of the tember 12, 2009, as ‘‘National Day of Encour- United States Senate Caucus on Inter- objection, it is so ordered. agement.’’ The resolution (S. Res. 260) was national Narcotics Control. There being no objection, the Senate Mr. WHITEHOUSE. Mr. President, I agreed to. proceeded to consider the resolution. The preamble was agreed to. suggest the absence of a quorum. The resolution, with its preamble, Mr. WHITEHOUSE. Mr. President, I The PRESIDING OFFICER. The reads as follows: ask unanimous consent the resolution clerk will call the roll. be agreed to, the preamble be agreed S. RES. 260 The bill clerk proceeded to call the to, the motions to reconsider be laid roll. Whereas, on September 16, 1919, Congress upon the table, and any statements be issued to the American Legion a Federal Mr. WHITEHOUSE. Mr. President, I charter as a wartime veterans service orga- printed in the RECORD. ask unanimous consent that the order nization; The PRESIDING OFFICER. Without for the quorum call be rescinded. Whereas the American Legion remains ac- objection, it is so ordered. The PRESIDING OFFICER. Without tive in communities at the national, State, The resolution (S. Res. 261) was objection, it is so ordered. and local levels; agreed to. Whereas members of the American Legion The preamble was agreed to. f (commonly referred to as ‘‘Legionnaires’’) The resolution, with its preamble, EXECUTIVE SESSION provide millions of hours of volunteer serv- reads as follows: ice to medical facilities of the Department of Veterans Affairs and State homes for vet- S. RES. 261 erans throughout the United States; Whereas negative images, stories, and in- EXECUTIVE CALENDAR Whereas the American Legion continues to fluences in the day-to-day lives of Americans Mr. WHITEHOUSE. Mr. President, I sponsor activities for children and youth, in- can detrimentally affect their emotional ask unanimous consent that the Sen- cluding the National Oratorical Contest, Boy well-being, interactions with others, and ate proceed to executive session to con- Scouts, American Legion Baseball, Boys general demeanor; sider Calendar Nos. 405, 419, and 420; State, and Boys Nation; Whereas a group of teenagers participating Whereas the American Legion awards mil- in a leadership forum at Harding University that the nominations be confirmed en lions of dollars in college scholarships to in Searcy, Arkansas, identified a lack of en- bloc and the motions to reconsider be young men and women; couragement as one of the greatest problems laid upon the table en bloc; that no fur- Whereas the American Legion National facing young people today; ther motions be in order; that any Emergency Fund provides financial assist- Whereas the youth of our Nation need statements relating to the nominations ance to Legionnaires displaced by natural guidance, inspiration, and reassurance to be printed in the Record; that the disasters; counteract this negativity and to develop President be immediately notified of Whereas the American Legion Family Sup- the qualities of character essential for future the Senate’s action; and that the Sen- port Network provides assistance to mem- leadership in our country; bers of the Armed Forces of the United Whereas a National Day of Encouragement ate then resume legislative session. States and their families; would serve as a reminder to counterbalance The PRESIDING OFFICER. Without Whereas the American Legion Child Wel- and overcome negative influences, and would objection, it is so ordered. fare Foundation has provided millions of dol- also provide much-needed encouragement The nominations considered and con- lars to programs focused on youth in the and support to others; firmed en bloc are as follows: United States, including the Special Olym- Whereas following the events of September DEPARTMENT OF THE INTERIOR pics and the Children’s Miracle Network; 11, 2001, thousands of people of the United Whereas the American Legion Temporary States made sacrifices in order to bring help Anthony Marion Babauta, of Virginia, to Financial Assistance provides grants to vet- and healing to the victims and their fami- be an Assistant Secretary of the Interior. erans with children experiencing financial lies, inspiring and encouraging the Nation; EXECUTIVE OFFICE OF THE PRESIDENT hardships; and Gary S. Guzy, of the District of Columbia, Whereas the American Legion remains sec- Whereas the renewed feelings of unity, to be Deputy Director of the Office of Envi- ond to none in steadfast support of strong hope, selflessness, and encouragement that ronmental Quality. national defense; began on September 12, 2001, are the same DEPARTMENT OF COMMERCE Whereas the American Legion supports feelings that the National Day of Encourage- maintaining a viable and principled foreign ment is meant to recapture and spread: Now, John R. Fernandez, of Indiana, to be As- relations agenda; therefore, be it sistant Secretary of Commerce for Economic Whereas the American Legion is a staunch Resolved, That the Senate— Development. advocate for the principal missions of the (1) designates September 12, 2009, as ‘‘Na- Mr. WHITEHOUSE. I suggest the ab- Department of Veterans Affairs; tional Day of Encouragement’’; sence of a quorum. Whereas the American Legion wrote the (2) acknowledges the importance of encour- The PRESIDING OFFICER. Without original draft of the Servicemen’s Readjust- agement and positive influences in the lives objection, it is so ordered. ment Act of 1944 (58 Stat. 284, chapter 268), of all people; and Mr. WHITEHOUSE. Mr. President, I commonly referred to as the ‘‘G. I. Bill of (3) urges the people of the United States to Rights’’; encourage others, whether it be through an ask unanimous consent that the order Whereas the American Legion continues to act of service, a thoughtful letter, or words for the quorum call be rescinded. support employment programs and opportu- of kindness and inspiration, and to thereby The PRESIDING OFFICER. Without nities for veterans; and boost the morale of all. objection, it is so ordered.

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9276 CONGRESSIONAL RECORD — SENATE September 10, 2009 (The remarks of Mr. WHITEHOUSE and form we have been pursuing is a good blink of an eye we went from having $5 Mr. MENENDEZ are printed in today’s idea—every one of the conversations trillion of debt on the country to hav- RECORD under ‘‘Remembering Senator we had was a substantive conversation, ing $12 trillion of national debt? Edward M. Kennedy.’’) a serious conversation, about what our As we can see here, both parties bear The PRESIDING OFFICER. The Sen- working families and small businesses responsibility for where we are. The ator from New Jersey. are facing as a consequence of the sta- tax cuts in the early 2000s are respon- sible for $1.4 trillion of the debt passed f tus quo and also the fiscal problems we are facing as a country and how health on to our kids and our grandkids; $900 ORDERS FOR FRIDAY, SEPTEMBER care reform, done right, is an impor- billion for the wars in Iraq and Afghan- 11, 2009 tant part to fixing our financial health. istan, which we did not pay for—we did Mr. MENENDEZ. Mr. President, I ask So tonight what I want to do is go not make the choices we needed to pay unanimous consent that when the Sen- through some of those slides. I will try for it; we put it on our kids and our ate completes its business today, it ad- to be pretty brief because the hour is grandkids—the Recovery Act funding, journ until 9:30 a.m. tomorrow, Friday, late. But I want to give a context of which is roughly $780 billion—40 per- September 11; that following the pray- the kinds of conversations we had in cent or so in tax cuts, the rest in er and the pledge, the Journal of pro- our State. I think the overarching feel- spending—the bank bailout, half in the ceedings be approved to date, the ing people had when we were done was last administration, half in this admin- istration, $600 billion, and Medicare morning hour be deemed expired, the that we do need to change the status Part D, the drug program for seniors, time for the two leaders be reserved for quo. The status quo is absolutely intol- which, again, may be a very legitimate their use later in the day; that there erable for our working families and program. It may be a program people then be a moment of silence in com- small businesses. But there is a deep would like to have. We did not pay for memoration of the eighth anniversary concern that we have the capacity to it. We said to our kids and our of the September 11 attacks; further, make it even worse. I left every meet- ing saying I think that is too low a grandkids: You pay for it. that following the moment of silence, These are just CBO numbers that the Senate proceed to a period of morn- standard for the Congress. We need to do much better than that. We need to show our steady state. If we do not do ing business until 10:30 a.m., with Sen- anything to change course, the amount ators permitted to speak therein for up get this health care reform done. But we need to get it done right, and we of debt will just continue to grow. to 10 minutes each; and, finally, I ask Then, finally—and this is going to need to take the time that is required that following morning business, the take us into the health care discussion Senate resume consideration of Cal- to get it right. The first thought I always started we had in Colorado over the recess—if endar No. 153, H.R. 3288, the Transpor- we look at the biggest drivers of our fu- with was just to explain to people what tation, HUD, and related agencies ap- ture deficits, what we see on this slide the difference was between our deficit propriations bill. is that here is our tax revenue line, and and our debt. Our deficit, as this slide The PRESIDING OFFICER. Without we can see it is pretty flat over time, shows, is the annual gap between our objection, it is so ordered. from 2008 to 2039. But the biggest driv- revenues and our expenses. And debt, ers are our interest on the debt that we f which we have far too much of in this are putting on the backs of our kids country, is what adds up year after ORDER FOR ADJOURNMENT and our grandkids, and the spiraling year after year if we continue to have Mr. MENENDEZ. Mr. President, cost—or maybe a better word is the our deficits. skyrocketing cost, given the direction there will be no rollcall votes during The second slide shows that over the of this line—of Medicare and Medicaid. Friday’s session of the Senate. I ask years we have actually done a pretty unanimous consent that following the The President talked about this last good job of managing our deficit. Any- night. The biggest driver, other than remarks of Senator CARPER and Sen- thing over 3 percent of GDP is a prob- ator BENNET of Colorado, the Senate interest, is rising Medicare and Med- lem because it is not sustainable. Our icaid costs. Obviously, the biggest driv- adjourn under the previous order. borrowing costs will outstrip our abil- The PRESIDING OFFICER. Without er of rising Medicare and Medicaid ity to catch up to our deficits if we are costs is rising health care costs. objection, it is so ordered. above 3 percent GDP. This slide shows, Mr. MENENDEZ. I suggest the ab- So, in my judgment, no matter what over the years, except for in wartime, one thinks about the health care re- sence of a quorum. except in World War II—and more re- The PRESIDING OFFICER. The form discussion, if you are somebody cently during the wars in Iraq and Af- who takes seriously the idea that we clerk will call the roll. ghanistan—we have not gone far above The bill clerk proceeded to call the have to get hold of our deficit, we have the 3 percent of GDP. to get hold of this national debt before roll. This slide just shows us how we have Mr. BENNET. Mr. President, I ask it so constrains the choices of our kids stacked up debt so quickly over the and our grandkids that we are not pro- unanimous consent that the order for last decade or so. We had about $5 tril- the quorum call be rescinded. viding them with the kind of choices or lion of debt on the country, on the Na- opportunities they ought to have, we The PRESIDING OFFICER. Without tion when the last President assumed objection, it is so ordered. need to do something about the trajec- the Presidency. We are now at $12 tril- tory of those Medicare and Medicaid f lion. As we can see, there has been an lines, and that means health care re- enormous spike between 2000 and HEALTH CARE REFORM form. today. This slide shows there is no way we Mr. BENNET. Mr. President, on this This is just a slide that shows how can cut ourselves out of the problem day, the day after the President’s much debt this really is. Our entire with just discretionary spending cuts. speech to the joint session, and on a economy, our entire GDP, gross domes- This slide shows if we do not do any- day when so many of our colleagues tic product, is $14 trillion. Our debt is thing differently now, we are all going have given so many moving tributes to $12 trillion today. We can see that to be talking about tax cuts in the fu- Senator Kennedy, I come to the floor these other countries all have a much ture that none of us would ever reason- tonight to talk a little bit about health smaller GDP than we do. That is good ably support. care. What I want to do is share a pres- news. So my view is we do face a very sig- entation I have given in every corner of Unfortunately, some of these folks, nificant fiscal challenge in this coun- my State—all across Colorado, in rural particularly China, own an awful lot of try and that health care reform is not Colorado, urban Colorado. our debt. sufficient to solve that problem, but it I am extremely proud that over the We also took the time to say to peo- is an important step, and, in fact, the course of the entire recess—though we ple: How did this happen? How did we problem cannot be solved without ad- had townhall meetings all across our let this happen to the American people dressing health care. State, and though there were lots of and to our kids and our grandkids? As this slide says, we need to ur- different feelings about whether the re- How is it possible that in virtually the gently address health care reform to

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 10, 2009 CONGRESSIONAL RECORD — SENATE S9277 help solve our Nation’s fiscal crisis and nues have been flat, these costs have income is down is that small businesses also provide greater access to quality, skyrocketed absolutely out of control. are struggling mightily to keep insur- affordable health coverage. It is no wonder why, in my State and in ing their workforce. There are a lot of questions in my States all across the United States, This is just a slide that shows that if State about whether we are up to mak- that the last decade saw a time when we don’t change anything, if we hang ing the tough choices that need to be families were saving not what they on to the status quo, by 2016 a lot of made to be able to create a piece of leg- usually saved—which is 7 percent of our families are going to be spending 40 islation that can produce meaningful their net income—but zero, and going cents of every one of their household reform and can do it in a way that into debt with credit cards and home dollars on health insurance. changes the cost curve for Medicare equity loans in order to try to bridge The current system is bankrupting a and Medicaid. I, frankly, do not think this extraordinary gap between their lot of our families. Sixty-two percent we have a choice. I do not think we revenues and their costs. of all bankruptcies are health care re- have a choice because our working This is the second slide I showed on lated. But the amazing thing to me on families and small businesses cannot this subject in my State. This just this slide is that of those health care- endure another decade like the last makes the point that today in the related bankruptcies, nearly 80 percent one. United States, we are spending roughly of them were folks who had coverage. These numbers apply to my State but 18 percent of our gross domestic prod- These are people who bought coverage, are very similar in States all across uct on health care. That is going to 20 they paid into the system to create se- the United States. In Colorado, if we percent in the blink of an eye if we curity, to create stability, and when look over the last 10 years, our median don’t do something different. What I they needed that protection, it wasn’t family income has actually gone down believe and what I said out there is there. As a result, their families went by about $800. By the way, that was be- that we can’t hope to compete in this bankrupt. fore we entered the worst recession global economy if we are spending a By the way, this could happen to since the Great Depression. So that fifth of our economy on health care and anybody. As the President said last night, you could be anybody. Nobody number is probably even worse today. every other industrialized country in can predict when they are going to get Most certainly it is worse. the world is spending less than half sick or when a child of theirs is going This, by the way, is an important that, or at least if we can find a way to to get sick. That is an important point issue for our working families, our spend less than that on health care, we families in our State, because it im- too. should so that we can compete. All of these slides, everything up plies something about how well our It is no different than if you had two here is not about the folks in our coun- economy is working or not working for small businesses—and the Presiding Of- try who aren’t insured or the folks in middle-class families. It is very worri- ficer is a small business owner—two some to see that our income is down our country who are insured; this is small businesses across the street from about 300 million Americans. Every- $800. The national number, I believe, each other that did the exact same thing we have talked about should be over the same period is that it is down thing and one was spending a fifth of of concern to everybody in our coun- $300. its revenue on its light bill and the But at the same time our families’ try. small business across the street was This slide just shows what the cur- revenues were flat, the health care cost spending less than half that. You don’t rent system means for small busi- premiums in Colorado went up by 97 need an MBA to know which of those nesses, which, again, have struggled percent—almost double. Mr. President, two companies is going to be able to in- mightily—family-owned businesses, I can tell you, I have now visited every vest in its business plan and grow for small businesses—to keep insuring one of the 64 counties in Colorado and the future. So if we are going to com- their workforce. The slide on the left had conversations in every place. I can pete in the way I know this country tells us that our small businesses pay find people who disagree on everything. can compete, we have to do better than 18 percent more to cover their employ- But I can also tell you there is not a spending more than twice what all of ees than large businesses do. single person in a single one of those our competition is spending on health While I was on the road, somebody counties who has said to me: My health care. said to me: Well, Michael, don’t you care insurance is 97 percent better This is another slide that shows just know the reason for that is they are today than it was at the beginning of how tough this has become for our mid- small and their pool is smaller and it is the decade or my health care coverage dle-class families in Colorado. What we harder to spread the insurance risks is 97 percent better than it was at the see here is that this is between 2000 and across a small group of people? beginning of the decade. Thank you, 2007. Again, this is before we entered Of course, that is true. But from a MICHAEL BENNET, for making sure my the worst recession since the Great De- business perspective, it is absolutely ri- costs went up by 97 percent. Nobody is pression. The numbers would be worse diculous because no small business saying that. In fact, the reverse is true. today. But what this shows is the rate owner I know would invest 18 percent The quality of the coverage is actually of increase of insurance premiums— more for something unless they were going down. that is the red line—and the rate of in- making their business 18 percent more In my State, also, over the same pe- crease in wages, which is the blue line. productive. Of course, the reverse is riod of time, the cost of higher edu- When I was in these meetings, I true here because they are buying the cation has gone up by 50 percent. So would ask: Are there any small busi- same thing the large company is—ex- here is what we are saying to our work- ness people here? cept they are not even buying the same ing families: You are going to have to And they would say: Yes, we are here. thing. It is not as though they are get- make due with less. Your income in I would say: Is this related? Are these ting 18 percent better coverage for real dollars is going to be lower at the two curves related to each other? their employees than the larger em- end of the decade than it was at the be- And they said: Of course, they are re- ployers. The deductibles are higher. ginning of the decade. And, at the same lated to each other, because we are The lack of predictability is greater. It time, you are going to have to assume doing everything we can to try to con- is a huge problem for small businesses. dramatically increased health care pre- tinue to offer health insurance to our It is no surprise that in my State, be- mium costs and a dramatically in- employees, but one of the effects that tween 2002 and 2007, you can see the creased cost for sending your child to is having is we can’t pay people the sal- drop in the percentage of folks who are one of our institutions of higher edu- ary increases to which they are enti- insured at work. Most of our folks, like cation. tled. the folks in the State of the Presiding It is no wonder that given the cir- So there is a direct relationship be- Officer, are employed by small busi- cumstances where household revenue is tween the cost of insurance and the nesses, and we can see the effect these flat, the costs of things that are not wage compression that is happening in cost increases are having. They are nice to have—they are essential for the our State. just not able to keep up with those in- stability of our working families and By the way, I would hazard a guess creases. The proof is in the pudding. our small businesses—that as our reve- that one of the reasons median family Here we see that over 50 percent of

VerDate Nov 24 2008 05:31 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S10SE9.REC S10SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9278 CONGRESSIONAL RECORD — SENATE September 10, 2009 small businesses in 2000 were insuring Then, bundling payments to encour- MISSION FOR THE REMAINDER OF THE TERM EXPIRING APRIL 13, 2010 VICE WALTER LUKKEN, RESIGNED. their workforce, and now we are at age medical professionals to work to- SCOTT D. O’MALIA, OF MICHIGAN, TO BE A COMMIS- about 40 percent, and that number is gether for the benefit of patients. SIONER OF THE COMMODITY FUTURES TRADING COM- MISSION FOR A TERM EXPIRING APRIL 13, 2015. (RE- dropping. The final slide I wanted to share is APPOINTMENT) So in my view, no matter where you just a reminder that there is a lot of DEPARTMENT OF AGRICULTURE are on questions such as a public op- insurance reform that is part of the HARRIS D. SHERMAN, OF CALIFORNIA, TO BE UNDER SEC- tion—which I support and have sup- proposals that are floating around the RETARY OF AGRICULTURE FOR NATURAL RESOURCES ported—or not a public option, the AND ENVIRONMENT, VICE MARK EDWARD REY, RE- Congress. This is the whole issue about SIGNED. thing that should find us all together is having people no longer denied insur- HARRIS D. SHERMAN, OF CALIFORNIA, TO BE A MEMBER driving costs down in our system. ance because they have a preexisting OF THE BOARD OF DIRECTORS OF THE COMMODITY I won’t bother to go through all of CREDIT CORPORATION, VICE MARK EDWARD REY. condition or are losing their insurance FOREIGN SERVICE these tonight, but I will say that, in because they face a lifetime cap of my judgment, a lot of this is pretty THE FOLLOWING-NAMED PERSONS OF THE AGENCIES some kind that many people don’t even INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- commonsense reform that we all ought know they have in their policy or be- FICERS OF THE CLASSES STATED. to be able to support: Changing our in- FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF cause their child gets sick and nobody CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN centive structure so we reimburse peo- predicted that and they get thrown off THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ple based on quality of care, not the their policy or because they lose their AMERICA: quantity of care. job. I think all of us can agree that is DEPARTMENT OF STATE Coordinating patient care. We have a good idea. ANDREA M. CAMERON, OF VIRGINIA an incredible example of this in Colo- So as we leave this week and we go THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN rado with the Rocky Mountain Health home again this weekend, as I get to go SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES Plans on our Western Slope and Grand IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF back to Colorado and continue to have AMERICA: Junction, Mesa County, also at the conversations with people in my State, DEPARTMENT OF COMMERCE University of Colorado at Denver, also what I am going to be focused on are ANDREW J. BILLARD, OF CONNECTICUT at Denver Health, the public hospital the areas of agreement that working in Denver. But there are examples all DEPARTMENT OF STATE families, small businesses, Democrats, over this country, such as the Mayo CLAYTON A. ALDERMAN, OF OREGON Republicans, Independents, can all LEAH G. ALLEN, OF ARKANSAS Clinic, a place any one of us would be agree upon. I think if we could focus ERIC P. ANDERSEN, OF THE DISTRICT OF COLUMBIA proud to send our kids or send our par- NATHAN ANDERSON, OF TEXAS our energy there, focus our attention ERIKA M. ARMSTRONG, OF VIRGINIA ents for care, which is delivering a there, what we are going to find is that NAHIDE BAYRASLI, OF THE DISTRICT OF COLUMBIA higher quality of care at a lower price. JEREMY R. BERNDT, OF MASSACHUSETTS It is something we should all be able to the areas of disagreement are actually THERESA A. BLACKBURN, OF VIRGINIA smaller than we imagined them to be. DOUG BOUDREAU, OF VIRGINIA support. SANDRA BOWERS, OF OHIO Finally, in my view, we have waited CHARITY L. BOYETTE, OF VIRGINIA More focus on money on preventive DAVID BRADFIELD, OF NEVADA care. far too long to do these commonsense JESSICA LYNN BRADSHAW, OF PENNSYLVANIA Increased competition so that our reforms. I know there is a lot of con- ALEXANDREA M. BRATTON, OF VIRGINIA JODI R. BREISLER, OF MINNESOTA families and small businesses have a cern about our rushing into something, ALAN Z. BRINKER, OF THE DISTRICT OF COLUMBIA broader pool from which to choose. and I don’t think we should rush. But I SARA G. BURGESS, OF VIRGINIA CIERA DAWN BURNETT, OF MASSACHUSETTS Fifty-three percent of people in my think we need to get this done, and I VANNA CHAN, OF MINNESOTA State, the State of Colorado, are in- think we need to get it done right. The MATTHEW GLENN CHOWN, OF CALIFORNIA DAWN M. COATS, OF VIRGINIA sured by just two insurers. American people need us to because BEAU E. CONAWAY, OF VIRGINIA This is an important point we they cannot endure another 10 years of ANDREA LYNNE COPPAGE, OF MARYLAND GIANGHIA NAR DAO, OF CONNECTICUT haven’t talked about enough; that is, graphs that look like the ones I showed KEVIN GREGORY DAUCHER, OF ARIZONA the investment in health care IT. When you. JAMESON LEE DEBOSE, OF NEBRASKA DIANE C. DEL ROSARIO, OF NEW YORK I traveled through the 64 counties, I don’t want to have to go back to THEODORE E. DIEHL, OF ILLINOIS there was not a county that I went to Colorado and explain why only 25 per- JOHN H. DOUGLAS, OF VIRGINIA BRETT A. EGGLESTON, OF MASSACHUSETTS where there wasn’t a convenience cent of people are covered at work or BENJAMIN HARRIS ELLIS, OF GEORGIA store. Apart from the loose beef jerky why there has been another 97 percent SAMANTHE´ A. EULETTE, OF GEORGIA JOSEPH FARBEANN, OF MASSACHUSETTS that sits on the counter, everything in increase in premiums or why, when T’ERRANCE ELLIOTT FAVORS, OF COLORADO that store had a bar code on it. That is people buy insurance, there is no pre- NICHOLAS C. FIETZER, OF MINNESOTA JOSHUA N. FINCH, OF WYOMING 1970s technology that people have used dictability to that insurance. I have TARA EILEEN FOLEY, OF VIRGINIA to manage the inventory of their local great hope and optimism that, working MARY G. GAHNBERG, OF CALIFORNIA M. SHAYNE GALLAHER, OF THE DISTRICT OF COLUMBIA convenience store, the business owner together, we are going to get that kind RAFAEL ANCHETA GONZALEZ, OF NORTH CAROLINA has used to manage their inventory. of health care reform done in a smart, KESHAV GOPINATH, OF CALIFORNIA EMILY ROYSE GREEN, OF VIRGINIA Only 3 percent of hospitals in this wise, measured way, and in a way that CHRISTOPHER M. GRELLER, OF WYOMING country use that sort of technology. will require implementation over a pe- TRAVIS AUSTIN GROUT, OF OHIO STEPHEN W. GUENTHER, OF VIRGINIA One out of 25 doctors in this country riod of time. There is no doubt in my TOMAS ANDRES GUERRERO, OF VIRGINIA uses that technology. mind we are going to get this done. BRIAN HALL, OF COLORADO I am a parent of three little girls. TIONA K. HARRISON, OF MARYLAND With that, I thank the Chair for lis- ANA ELIZABETH HIMELIC, OF ARIZONA They are 10, 8, and 5. I can’t tell you tening to my remarks. ELIZABETH A. HOLCOMBE, OF INDIANA the number of times I have had to take DANIEL JOSEPH HORSFALL, OF TENNESSEE f ROBERT FREDERICK HUBER, OF TEXAS them to the doctor or take them to an ANGELA ITOGE, OF CALIFORNIA emergency room and have to explain ADJOURNMENT UNTIL 9:30 A.M. JINANSHU C. JAIN, OF PENNSYLVANIA TOMORROW BRIAN JOHNSON, OF NORTH CAROLINA again the whole story of why we were JONATHON A. KENT, OF IOWA there and what the last doctor told us Mr. BENNET. I ask unanimous con- ANNA MARIE KERNER, OF SOUTH DAKOTA JENNIFER BARNES KERNS, OF OKLAHOMA or what the last nurse told us. That is sent that, under the previous order, the MICHAEL J. KREIDLER, OF FLORIDA not the fault of the doctors or nurses, Senate adjourn until 9:30 a.m. tomor- SAMANTHA KUO, OF CALIFORNIA SONIA LAUL, OF TEXAS but it is the fault of having a system of row. LI PING LO, OF VIRGINIA insurance and a medical system that There being no objection, the Senate, ANDERS E. LYNCH, OF MARYLAND BRITTANY KATHARYN MACKEY, OF VIRGINIA has not invested in technology. at 7:21 p.m., adjourned until Friday, EVAN CAMPBELL MAHER, OF WASHINGTON I have spent roughly half my career September 11, 2009, at 9:30 a.m. CHRISTINE A. MARCUS, OF THE DISTRICT OF COLUMBIA in the private sector. When I look at MEGHAN MCGILL, OF ARIZONA f JONATHAN MCKAY, OF WASHINGTON the complete lack of investment in CHRISTOPHER PAUL MEADE, OF CALIFORNIA NOMINATIONS JONATHAN M. MERMIS—CAVA, OF CALIFORNIA technology when it comes to health JAMES THOMAS MOFFITT, OF NEW MEXICO care and when it comes to electronic Executive nominations received by ANDREW R. MOORE, OF MICHIGAN medical records, I find it breathtaking, SASHA K. MORENO, OF TEXAS the Senate: TRAVIS J. MURPHY, OF TEXAS staggering that we could have that COMMODITY FUTURES TRADING COMMISSION ALEXIS VESTA RUTH MUSSOMELI, OF WASHINGTON kind of inefficiency. So this is an im- LORENZO NEW, OF FLORIDA SCOTT D. O’MALIA, OF MICHIGAN, TO BE A COMMIS- MORGAN J. O’BRIEN III, OF NEW YORK portant investment as well. SIONER OF THE COMMODITY FUTURES TRADING COM- KEVIN JAMES OGLEY, OF CALIFORNIA

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KELSEY PAYNE, OF VIRGINIA REBECCA LYNNE STRUWE, OF VIRGINIA LATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDG- CHARLES JOHN PEREGO, OF THE DISTRICT OF COLUMBIA JOHN DAVID STUBBS, JR., OF NORTH CAROLINA ET. MATTHEW PHILLIPS, OF VIRGINIA CHARLES ARTHUR THOMAS, OF TEXAS JESSICA PINO, OF THE DISTRICT OF COLUMBIA GARY W. THOMPSON, OF VIRGINIA DEPARTMENT OF THE INTERIOR LANCE L. POSEY, OF TENNESSEE AQUEELAH S. TORRANCE, OF PENNSYLVANIA REGIS E. PREVOT, OF MAINE AMANDA JEAN TYSON, OF VIRGINIA ANTHONY MARION BABAUTA, OF VIRGINIA, TO BE AN JOSE M. QUEIROS, OF THE DISTRICT OF COLUMBIA LYNN VACCA, OF GEORGIA ASSISTANT SECRETARY OF THE INTERIOR. DANIEL RAKOVE, OF CALIFORNIA SHIRAZ U. WAHAJ, OF FLORIDA ERIKA REGINA REYNOLDS, OF ILLINOIS MATTHEW BRENT WEST, OF VIRGINIA EXECUTIVE OFFICE OF THE PRESIDENT NICHOLAS HICKSON REYNOLDS, OF NEW HAMPSHIRE SEAN P. WHALEN, OF MARYLAND VALERIA C. REYNOLDS, OF VIRGINIA ANDREA TOLL WHITING, OF VIRGINIA GARY S. GUZY, OF THE DISTRICT OF COLUMBIA, TO BE MICHAEL KEITH RITCHIE, OF ARIZONA QUINTAN WIKTOROWICZ, OF VIRGINIA DEPUTY DIRECTOR OF THE OFFICE OF ENVIRONMENTAL DAVID B. ROCHFORD, OF LOUISIANA JEFFREY A. WILLETT, OF VIRGINIA QUALITY. BRIAN P. ROGERS, OF MARYLAND BENJAMIN STEVEN WILLIAMS, OF TEXAS STEVEN DOUGLAS ROTH, OF VIRGINIA KIMBERLY E. WILLIAMS, OF FLORIDA DEPARTMENT OF COMMERCE JOHNATHAN MICHAEL ROY, OF TEXAS JEFFREY ERIC ZINSMEISTER, OF CALIFORNIA LISA D. SALMON, OF VIRGINIA ALEKSANDRA PAULINA ZITTLE, OF VIRGINIA JOHN R. FERNANDEZ, OF INDIANA, TO BE ASSISTANT ANDREW M. SCHNEIDER, OF ILLINOIS SECRETARY OF COMMERCE FOR ECONOMIC DEVELOP- STACY M. SESSION, OF COLORADO MENT. CHARLES CASEY SHAMBLIN, OF VIRGINIA CONFIRMATIONS SUCHETA SHARMA, OF GEORGIA HYON B. SIM, OF THE DISTRICT OF COLUMBIA Executive nominations confirmed by The above nominations were ap- GURDIT SINGH, OF MISSOURI the Senate, Thursday, September 10, ANGIE C. SMITH, OF OHIO proved subject to the nominees’ com- SAMANTHA SMITH, OF OREGON 2009: mitment to respond to requests to ap- ELENA SODERBLOM, OF MARYLAND EXECUTIVE OFFICE OF THE PRESIDENT TAMARA N. STERNBERG, OF WYOMING pear and testify before any duly con- ROBERT STEVENS, OF FLORIDA CASS R. SUNSTEIN, OF MASSACHUSETTS, TO BE ADMIN- stituted committee of the Senate. PAUL STRAUSS, OF NEVADA ISTRATOR OF THE OFFICE OF INFORMATION AND REGU-

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