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

Vol. 156 WASHINGTON, TUESDAY, JUNE 22, 2010 No. 94 Senate The Senate met at 10 a.m. and was appoint the Honorable JEANNE SHAHEEN, a to executive session to consider en bloc called to order by the Honorable Senator from the State of New Hampshire, Executive Calendar Nos. 493, 494, 556, JEANNE SHAHEEN, a Senator from the to perform the duties of the Chair. 581, 589, 590, 592, 647, 705, 722, 726, 747, State of New Hampshire. ROBERT C. BYRD, 783, 784, 785, 786, 787, 788, 794, 799, 800, President pro tempore. 801, 824 to and including 830, 836 to and PRAYER Mrs. SHAHEEN thereupon assumed including 842, 844 to and including 848, the chair as Acting President pro tem- 880, 881, 882, 902, 904 to and including The Chaplain, Dr. Barry C. Black, of- pore. fered the following prayer: 907, 908, 916, 923 to and including 928, Let us pray. f 930, 938, 939, 940, 941, 942, 943, 944, 952 Eternal God, who daily showers us RECOGNITION OF THE MAJORITY and all nominations on the Secretary’s with blessings, open our eyes to the LEADER desk in NOAA; that the nominations be generosity of Your grace. Help us to The ACTING PRESIDENT pro tem- confirmed en bloc, the motions to re- see in the beauty and bounty that sur- pore. The majority leader is recog- consider be laid on the table en bloc, rounds us the movement of Your loving nized. that no further motions be in order, and any statements relating to the providence. Remind our lawmakers of f their responsibility to use Your bless- nominations be printed in the RECORD; ings to make a better Nation and SCHEDULE that the President be immediately no- world, and that to whom much is Mr. REID. Madam President, fol- tified of the Senate’s action and the given, much is expected. Lord, give lowing leader remarks there will be a Senate resume legislative session. them the wisdom to relinquish their period for morning business until 12:30 The ACTING PRESIDENT pro tem- control and to ask You to take charge, p.m. today, with Senators being al- pore. Is there objection? Without objec- guiding their steps by Your power. lowed during that period of time to tion, it is so ordered. Break the bonds of self-sufficiency by speak for up to 10 minutes each. The The nominations considered and con- showing them what they can accom- majority will control the first 30 min- firmed en bloc are as follows: plish with Your supernatural strength. utes, the Republicans will control the NATIONAL LABOR RELATIONS BOARD We pray in Your mighty Name. next hour, and then the majority will Brian Hayes, of Massachusetts, to be a Amen. control the next 30 minutes, with the Member of the National Labor Relations remaining time equally divided and Board for the term of five years expiring De- f controlled between the two leaders or cember 16, 2012. PLEDGE OF ALLEGIANCE their designees. Mark Gaston Pearce, of New York, to be a The Senate will recess at 12:30 until Member of the National Labor Relations The Honorable JEANNE SHAHEEN led 2:15 for weekly caucus meetings. Board for the term of five years expiring Au- the Pledge of Allegiance, as follows: gust 27, 2013. Rollcall votes are still possible this I pledge allegiance to the Flag of the afternoon. EXECUTIVE OFFICE OF THE PRESIDENT United States of America, and to the Repub- I suggest the absence of a quorum. Benjamin B. Tucker, of New York, to be lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- Deputy Director for State, Local, and Tribal indivisible, with liberty and justice for all. pore. The clerk will call the roll. Affairs, Office of National Drug Control Pol- f The legislative clerk proceeded to icy. DEPARTMENT OF JUSTICE APPOINTMENT OF ACTING call the roll. Mr. REID. Madam President, I ask John H. Laub, of the District of Columbia, PRESIDENT PRO TEMPORE unanimous consent the order for the to be Director of the National Institute of The PRESIDING OFFICER. The quorum call be rescinded. Justice. clerk will please read a communication The ACTING PRESIDENT pro tem- AMTRAK BOARD OF DIRECTORS to the Senate from the President pro pore. Without objection, it is so or- Anthony R. Coscia, of New Jersey, to be a tempore (Mr. BYRD). dered. Director of the Amtrak Board of Directors for a term of five years. The legislative clerk read the fol- f lowing letter: Albert DiClemente, of Delaware, to be a EXECUTIVE SESSION Director of the Amtrak Board of Directors U.S. SENATE, for the remainder of the term expiring July PRESIDENT PRO TEMPORE, 26, 2011. Washington, DC, June 22, 2010. EXECUTIVE CALENDAR To the Senate: NATIONAL TRANSPORTATION SAFETY BOARD Under the provisions of rule I, paragraph 3, Mr. REID. Madam President, I ask Mark R. Rosekind, of California, to be a of the Standing Rules of the Senate, I hereby unanimous consent the Senate proceed Member of the National Transportation

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

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Safety Board for a term expiring December SPECIAL PANEL ON APPEALS NATIONAL BOARD FOR EDUCATION SCIENCES 31, 2014. Dennis P. Walsh, of Maryland, to be Chair- Adam Gamoran, of Wisconsin, to be a DEPARTMENT OF HEALTH AND HUMAN SERVICES man of the Special Panel on Appeals for a Member of the Board of Directors of the Na- Jim R. Esquea, of New York, to be an As- term of six years. tional Board for Education Sciences for a sistant Secretary of Health and Human Serv- THE JUDICIARY term expiring November 28, 2011. ices, vice Vincent J. Ventimiglia, Jr. Milton C. Lee, Jr., of the District of Co- Deborah Loewenberg Ball, of Michigan, to be a Member of the Board of Directors of the DEPARTMENT OF JUSTICE lumbia, to be an Associate Judge of the Su- National Board for Education Sciences for a James P. Lynch, of the District of Colum- perior Court of the District of Columbia for the term of fifteen years, vice Jerry Stewart term expiring November 28, 2012. bia, to be Director of the Bureau of Justice Margaret R. McLeod, of the District of Co- Statistics, vice Jeffrey L. Sedgwick. Byrd. Todd E. Edelman, of the District of Colum- lumbia, to be a Member of the Board of Di- DEPARTMENT OF STATE bia, to be an Associate Judge of the Superior rectors of the National Board for Education Judith Ann Stewart Stock, of Virginia, to Court of the District of Columbia for the Sciences for a term expiring November 28, be an Assistant Secretary of State (Edu- term of fifteen years. 2012, vice Elizabeth Ann Bryan. cational and Cultural Affairs). Judith Anne Smith, of the District of Co- Bridget Terry Long, of Massachusetts, to DEPARTMENT OF ENERGY lumbia, to be an Associate Judge of the Su- be a Member of the Board of Directors of the National Board for Education Sciences for a Patricia A. Hoffman, of Virginia, to be an perior Court of the District of Columbia for term expiring November 28, 2012, vice Joseph Assistant Secretary of Energy (Electricity the term of fifteen years. K. Torgesen. Delivery and Energy Reliability), vice Kevin DEPARTMENT OF EDUCATION EXECUTIVE OFFICE OF THE PRESIDENT M. Kolevar. Eduardo M. Ochoa, of California, to be As- NATIONAL COUNCIL ON DISABILITY sistant Secretary for Postsecondary Edu- David K. Mineta, of California, to be Dep- uty Director for Demand Reduction, Office of Ari Ne’eman, of Maryland, to be a Member cation, Department of Education. National Drug Control Policy. of the National Council on Disability for a DEPARTMENT OF LABOR DEPARTMENT OF HEALTH AND HUMAN SERVICES term expiring September 17, 2012, vice Robert James L. Taylor, of Virginia, to be Chief Davila. Financial Officer, Department of Labor, vice Sherry Glied, of New York, to be an Assist- DEPARTMENT OF TRANSPORTATION Douglas W. Webster. ant Secretary of Health and Human Services, vice Benjamin Eric Sasse. David T. Matsuda, of the District of Co- NATIONAL MUSEUM AND LIBRARY SERVICES lumbia, to be Administrator of the Maritime BOARD STATE JUSTICE INSTITUTE Administration. Robert Wedgeworth, of Illinois, to be a Daniel J. Becker, of Utah, to be a Member MARINE MAMMAL COMMISSION Member of the National Museum and Library of the Board of Directors of the State Justice Michael F. Tillman, of California, to be a Services Board for a term expiring December Institute for a term expiring September 17, Member of the Marine Mammal Commission 6, 2013, vice Amy Owen. 2010. for a term expiring May 13, 2011, vice John Carla D. Hayden, of Illinois, to be a Mem- James R. Hannah, of Arkansas, to be a Elliott Reynolds, III. ber of the National Museum and Library Member of the Board of Directors of the Daryl J. Boness, of Maine, to be a Member Services Board for a term expiring December State Justice Institute for a term expiring of the Marine Mammal Commission for a 6, 2014, vice Kevin Owen Starr. September 17, 2010. term expiring May 13, 2010. John Coppola, of Florida, to be a Member Gayle A. Nachtigal, of Oregon, to be a Daryl J. Boness, of Maine, to be a Member of the National Museum and Library Serv- Member of the Board of Directors of the of the Marine Mammal Commission for a ices Board for a term expiring December 6, State Justice Institute for a term expiring term expiring May 13, 2013. 2013, vice Gail Daly. September 17, 2012. Winston Tabb, of Maryland, to be a Mem- John B. Nalbandian, of Kentucky, to be a NATIONAL TRANSPORTATION SAFETY BOARD ber of the National Museum and Library Member of the Board of Directors of the Earl F. Weener, of Oregon, to be a Member Services Board for a term expiring December State Justice Institute for a term expiring of the National Transportation Safety Board 6, 2013, vice Beverly Allen. September 17, 2010. for the remainder of the term expiring De- Lawrence J. Pijeaux, Jr., of Alabama, to be Marsha J. Rabiteau, of Connecticut, to be cember 31, 2010. a Member of the National Museum and Li- a Member of the Board of Directors of the AMTRAK BOARD OF DIRECTORS brary Services Board for a term expiring De- State Justice Institute for a term expiring Jeffrey R. Moreland, of Texas, to be a Di- cember 6, 2014. September 17, 2010. Herna´ n D. Vera, of California, to be a rector of the Amtrak Board of Directors for DEPARTMENT OF ENERGY a term of five years. Member of the Board of Directors of the Donald L. Cook, of Washington, to be Dep- State Justice Institute for a term expiring ENVIRONMENTAL PROTECTION AGENCY uty Administrator for Defense Programs, September 17, 2012. Arthur Allen Elkins, Jr., of Maryland, to National Nuclear Security Administration. SMALL BUSINESS ADMINISTRATION be Inspector General, Environmental Protec- DEPARTMENT OF DEFENSE tion Agency. Marie Collins Johns, of the District of Co- Sharon E. Burke, of Maryland, to be Direc- lumbia, to be Deputy Administrator of the PEACE CORPS tor of Operational Energy Plans and Pro- Small Business Administration. Carolyn Hessler Radelet, of the District of grams. Columbia, to be Deputy Director of the Katherine Hammack, of Arizona, to be an DEPARTMENT OF JUSTICE Peace Corps. Assistant Secretary of the Army. Thomas Edward Delahanty II, of Maine, to be United States Attorney for the District of OVERSEAS PRIVATE INVESTMENT CORPORATION Michael J. McCord, of Virginia, to be Prin- cipal Deputy Under Secretary of Defense Maine for the term of four years. Elizabeth L. Littlefield, of the District of (Comptroller). Wendy J. Olson, of Idaho, to be United Columbia, to be President of the Overseas Elizabeth A. McGrath, of Virginia, to be States Attorney for the District of Idaho for Private Investment Corporation, vice Robert Deputy Chief Management Officer of the De- the term of four years. A. Mosbacher. partment of Defense. James A. Lewis, of Illinois, to be United INTERNATIONAL JOINT COMMISSION, UNITED DEPARTMENT OF ENERGY States Attorney for the Central District of STATES AND CANADA Illinois for the term of four years. Jeffrey A. Lane, of Virginia, to be an As- Lana Pollack, of Michigan, to be a Com- Donald J. Cazayoux, Jr., of Louisiana, to sistant Secretary of Energy (Congressional missioner on the part of the United States be United States Attorney for the Middle and Intergovernmental Affairs). on the International Joint Commission, District of Louisiana for the term of four United States and Canada. FEDERAL ENERGY REGULATORY COMMISSION years. FEDERAL RETIREMENT THRIFT INVESTMENT Cheryl A. LaFleur, of Massachusetts, to be Henry Lee Whitehorn, Sr., of Louisiana, to BOARD a Member of the Federal Energy Regulatory be United States Marshal for the Western Commission for the term expiring June 30, District of Louisiana for the term of four Dana Katherine Bilyeu, of Nevada, to be a 2014, vice Suedeen G. Kelly. years. Member of the Federal Retirement Thrift In- Philip D. Moeller, of Washington, to be a Kevin Charles Harrison, of Louisiana, to be vestment Board for a term expiring October Member of the Federal Energy Regulatory United States Marshal for the Middle Dis- 11, 2011. Commission for the term expiring June 30, trict of Louisiana for the term of four years. Michael D. Kennedy, of Georgia, to be a 2015. Charles Gillen Dunne, of New York, to be Member of the Federal Retirement Thrift In- United States Marshal for the Eastern Dis- vestment Board for a term expiring Sep- OVERSEAS PRIVATE INVESTMENT CORPORATION trict of New York for the term of four years. tember 25, 2010. Michael James Warren, of the District of Michael D. Kennedy, of Georgia, to be a Columbia, to be a Member of the Board of Di- NATIONAL TRANSPORTATION SAFETY BOARD Member of the Federal Retirement Thrift In- rectors of the Overseas Private Investment Earl F. Weener, of Oregon, to be a Member vestment Board for a term expiring Sep- Corporation for a term expiring December 17, of the National Transportation Safety Board tember 25, 2014. 2011. for a term expiring December 31, 2015.

VerDate Mar 15 2010 23:52 Jun 22, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.004 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5219 NOMINATIONS PLACED ON THE SECRETARY’S take up the Senate’s version of the so- Government ran a surplus? A surplus. DESK called doc fix legislation for no appar- Collected more money than it spent? NATIONAL OCEANIC AND ATMOSPHERIC ent reason other than the fact that it Well, it happened to be in the last year ADMINISTRATION does not increase the debt. of President Bill Clinton’s administra- PN1849 NATIONAL OCEANIC AND AT- It is hard to imagine anyone taking tion. So when President George W. MOSPHERIC ADMINISTRATION nomina- advice on fiscal discipline from a party Bush was elected, President Clinton tions (16) beginning DAVID A. SCORE, and that has spent the last 21⁄2 weeks argu- said: Welcome to Washington. Here is a ending DEMIAN A. BAILEY, which nomina- ing not about how to pay for the ex- $230 billion surplus, and if you follow tions were received by the Senate and ap- peared in the Congressional Record of June tenders bill that is on the floor or how the spending patterns we have laid out 8, 2010. to use this bill to cut the debt but over the next 10 years, you will gen- about how much money to add to the erate a $5 trillion surplus in the Treas- f debt in the process of passing it. ury—$230 billion now, plan for a $5 tril- LEGISLATIVE SESSION Here is another idea Democrats lion surplus. At that time the debt of The ACTING PRESIDENT pro tem- should consider, one that Americans America, the accumulated debt of pore. The Senate will resume legisla- have been proposing loudly and clearly: America, from George Washington tive session. Stop spending money you do not have. through Bill Clinton, all of the debt we Stop spending money you do not have. had amassed, $5 trillion. f The American people do not think our George W. Bush. Welcome to Wash- NOMINATIONS problem is that the government taxes ington. A surplus. A plan to increase Mr. REID. Let me express my appre- too little. Our problem is that the gov- the surplus. A plan to spend down the ciation to our being able to work ernment taxes too much and that it national debt. But what happened in 8 through some of these. There are quite spends too much and borrows too years of Republican rule, fiscally con- a few left to go. The Secretary for the much. Until Democrats demonstrate servative Republican rule? I will tell majority just indicated to me that even the slightest ability to restrain you what happened. The national debt there are some other names that will the recklessness with which they spend went from $5 trillion to $12 trillion. How do you do that in 8 years? Well, be cleared later today. So I appreciate America’s hard-earned tax dollars, the you wage two wars that you do not pay this very much. This is going to be a job creators and the workers of this for, and you give tax breaks to the step forward. These are all very impor- country are not about to take them se- wealthiest people in America, and you tant. This will allow these people to riously on how to lower the national have a prescription drug plan that is get their lives in order. There is no debt. not paid for as well under Republican need to talk about why we did not have The American people should not be Presidents. it done sooner. We did not. We have got asked to pay the price for Democrats’ recklessness through higher taxes. The national debt from Bill Clinton, it done now, and that is a step forward $5 trillion; to the end of President for the Senate and our country. America faces a debt crisis. Democrats have done nothing whatsoever to show George W. Bush, $12 trillion, and a lit- f they understand that. Breaking a cam- tle gift that President George W. Bush RECOGNITION OF THE MINORITY paign pledge now will not help; cutting left to President Barack Obama as he LEADER spending will. left office. No, he did not leave him the I yield the floor. $230 billion that he was given as he The ACTING PRESIDENT pro tem- came into the presidency. No, he hand- pore. The Republican leader is recog- f ed off to President Obama a $1.3 tril- nized. RESERVATION OF LEADER TIME lion deficit. Welcome to Washington, f The ACTING PRESIDENT pro tem- President Obama. And when you take NOMINATIONS pore. Under the previous order, the your hand off the Bible at the swearing leadership time is reserved. in, let’s mention too that the Bush eco- Mr. MCCONNELL. Madam President, nomic policies have now cost us, that I would say to my good friend, the ma- f month, January, that month in 2009, jority leader, as he knows, this is an MORNING BUSINESS 750,000 American jobs. Now we hear agreement we have been prepared to from the Republican side of the aisle make since last month. I am glad we The ACTING PRESIDENT pro tem- these pious incantations about our were able to finally work our way pore. Under the previous order, there budget deficit. through it and get a significant num- will now be a period of morning busi- Well, it is a problem. But let’s put ber of these nominations confirmed. ness until 12:30 p.m., with Senators per- the blame where it belongs. When the mitted to speak for up to 10 minutes f Republicans had their chance, they each, with the time equally divided and took a surplus and turned it into the NEW TAXES controlled between the two leaders or biggest deficit in the history of the Mr. MCCONNELL. Madam President, their designees, with the majority con- United States. When President Bush it is now official. Top Democrats on trolling the first 30 minutes, the Re- had his economic policies in place, we Capitol Hill are starting to signal their publicans controlling the next 60 min- doubled the national debt. When Presi- intention to raise taxes on the middle utes, and the majority controlling the dent Bush left office, he left the econ- class. The House majority leader in a next 30 minutes. omy in the worst recession we have had speech today warned that in order to The ACTING PRESIDENT pro tem- since the Great Depression. do anything about the debt crisis Re- pore. The Senator from Illinois. Now come the Republicans and say: publicans have been speaking about on Mr. DURBIN. Madam President, I ask We need to cut spending. Well, let’s go the Senate floor in recent weeks, Presi- unanimous consent to speak as in back and look at another lesson in his- dent Obama will have no choice, no morning business. tory. This goes even further back—80 choice, but to break his campaign The ACTING PRESIDENT pro tem- years, the worst economic situation in pledge of ‘‘no new taxes’’ for millions pore. Without objection, it is so or- modern times in America, the Great of American families. dered. Depression. I heard about it as a kid. That is the majority leader in the f But it was not as if my parents were House of Representatives in a speech giving me a history lesson, they were today, saying that the President will DEFICIT SPENDING AND giving me a story about our family, have no choice but to break his prom- UNEMPLOYMENT how my mom and dad got married in ise of no new taxes for millions of Mr. DURBIN. The minority leader, 1928, had their first baby in 1929, and American families. Senator MCCONNELL, is right. Deficits their second baby in 1931, and tried to Respectfully, I think this is a tough are important. So are facts. Let’s men- raise a family in the Great Depression. argument for the Democratic leader- tion a few facts on the floor of the Sen- Their lives were changed forever. Their ship in the House that will not even ate. When was the last time the U.S. view of the world changed forever. My

VerDate Mar 15 2010 23:52 Jun 22, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.005 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5220 CONGRESSIONAL RECORD — SENATE June 22, 2010 mom, an immigrant to this country, That is what we believe in on the know what the facts say. They know and my dad, from a farm family, never Democratic side of the aisle. The Re- the history. I hope they do not embrace borrowed money, scared to death of publicans say: Oh, deficit spending. the Republican approach which will debt, because they saw the Great De- Stop. We cannot do that. Then what drive us further into unemployment pression and they saw it destroy peo- happens? The business fails. The jobs and recession. ple. Franklin Roosevelt came in as are lost. The people draw unemploy- I yield the floor. President in those days. He came in in ment and, in desperation, wait for The ACTING PRESIDENT pro tem- March of 1933. He said, we are going to something to happen. pore. The Senator from Maryland. change this. We are going to get Amer- You know what the Republicans are f ica back on its feet. You have nothing up to now? Last week we asked them: KAGAN NOMINATION to fear but fear itself. We are going to Would you please extend unemploy- put people back to work. We are going ment benefits for these millions of Mr. CARDIN. Madam President, this to give them government jobs if we Americans who are out of work. In my Monday the Senate Judiciary Com- cannot find them jobs in the private State the unemployment rate is 10.8 mittee will begin the confirmation sector. We are going to tell our farm- percent. It has been around that for hearings for Elena Kagan to be an As- ers, you are going to survive because several months now. Boone County, sociate Justice of the Supreme Court. we are going to basically stand behind 16.6 percent; Pulaski County, way down These confirmation hearings will pro- you through the tough years. Whether south, 12 percent; western edge of our vide an opportunity to the public to see it is a drought or a flood, we are going State, Hancock County, 11.8 percent; firsthand how important Supreme to be around to help you get through to and in Clark County, in the south- Court decisions are in their ordinary the next year. We are going to make eastern end of our State, 13.7 percent. lives. There are many examples we sure that banks do not fail. We are There are 717,000 people in Illinois offi- could give, from schools to consumer going to inject government into this cially unemployed. issues to personal lives, privacy, reli- economy and get America back on its The Republicans say: Cut off their gious protections, helping the environ- feet. unemployment benefits. That is what ment, the workplace. At that time the unemployment rate they voted for last Thursday. And In recent years, by a sharply divided in America was 25 percent. When the 80,000 of those 717,000 unemployed will Court, they have reversed precedent New Deal got started, they brought it lose their unemployment benefits. and congressional intent and ruled on down 13 percent, cut it in half because What happens to the unemployment the side of big business over individual of government investment in this econ- check? It is the most quickly spent rights. This is judicial activism, not ju- omy. People went back to work. They government check ever sent out. Des- dicial restraint. I hope all my col- left the long lines waiting for soup and perate people out of work take that leagues will agree that the next Su- bread and started earning some money. check and turn it into groceries and preme Court Justice should be on the They built highways. They built clothes and shoes and gas in the car side of individual Americans, following bridges. They built stadiums. They and utility bills and rent and mortgage legal precedent and congressional in- built parts of America we still use payments as quickly as they receive it. tent. today. It was an investment by the It is money right back into the econ- I wish to give an example—I know government in our economy to bring us omy. They want to cut it off because my colleagues will give others—about out of the worst depression we had ever we have a deficit. workplace fairness in Ledbetter v. faced. I understand this deficit. I am on the Goodyear Tire. Let me provide a little Then, after a few years what hap- Deficit Commission, and I understand background. Lilly Ledbetter worked pened? Republican critics came for- taking it seriously. But let’s take seri- for 19 years at Goodyear Tire. During ward and said, wait a minute. This is ously putting America back to work. that period, she was paid $15,000 a year deficit spending. We are spending This Republican approach of cutting less than her male counterparts doing money we do not have. We have got to the unemployment compensation for the same work. This type of discrimi- stop. And they prevailed, just as Sen- people who lost their jobs through no nation is prohibited by congressional ator MCCONNELL wants to prevail fault of their own is a strategy that statute under the Civil Rights Act of today. Hit the brakes. Stop spending. failed in the 1930s and is going to fail 1964. Within that legislation, title VII You know what happened? They pre- us now. was specifically enacted to protect vailed with that argument. You know We have to believe in America and a American workers from undue dis- what happened with the unemployment better day when people are back to crimination, including gender discrimi- rate? It went from 13 percent back to 19 work and this economy is moving for- nation. When Mrs. Ledbetter found out percent, and the sick economy contin- ward. We will deal with this deficit she was being discriminated against, ued for years until the war came along, with a strong economy, with Ameri- she did the right thing: she brought a World War II, and we had a massive in- cans working, not by quaking and quiv- claim against her employer. vestment in our Nation to protect our ering and saying we cannot put money The only reason Mrs. Ledbetter knew Nation, to give our troops what they back into the hands of those who are she was being paid less than her male needed, and we put people back to out of work. That is one of the fun- counterparts was because a colleague work. damentals in this government. It is the finally told her. This is not unusual. In Now we are about to repeat history. way we take this great free market fact, in most employment discrimina- The Republicans come to us now and system of ours, when it falls on hard tion cases, employees are unaware of say, we have got to stop putting money times, and move it forward again. discrimination until an unexpected back into the economy. It creates def- All of the speeches we will hear from event occurs or undisclosed informa- icit. Yes, it does. But if you do not get the other side of the aisle about defi- tion finally comes to light. the 14 million unemployed Americans cits are going to overlook the obvious. Mrs. Ledbetter went to court, stated back to work, the deficit will get Were it not for the failed economic her claim, and won. After multiple ap- worse. They will not be paying taxes, policies of the Bush administration, we peals, the case reached the Supreme they will be drawing on government would not be where we are today. Were Court. The Supreme Court, by a 5-to-4 services. it not for the doubling of the national decision, denied her claim. The Court We want them back to work. And it debt under the last Republican Presi- said Mrs. Ledbetter had to file her case means making sure we make invest- dent, we would not be where we are within 180 days after the beginning of ments in America that count—helping today. the discrimination, and since she did small businesses; tax credits and tax It seems that those on the other side not do that, her claim was barred by deductions for small businesses; credit of the aisle have, I guess, an extreme the statute of limitations. This defies for small businesses; government ac- sensitivity to deficits when there is a logic. How can a person bring a claim tively moving forward to give small Democratic President, and are obliv- when they don’t know they are being businesses a chance to keep their em- ious to them when there is a Repub- discriminated against? It makes no ployees and hire more. lican President. The American people sense.

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What hap- dent, let me thank the Senator from does mean we have to control that mo- pened to judicial restraint from a ma- Maryland for his comments about the tivation through the law. One of the jority of the Court that professes that Ledbetter decision. ways we control that motivation is what they believe is right? If an em- What we are gathering on the floor through the law is with punitive dam- ployee is being discriminated against, today to discuss is whether American ages—punitive damages assessed there should be effective remedy. If corporations are getting something through the jury. they don’t know they were discrimi- more than a fair shake from Repub- Let me say a quick word about the nated against, it doesn’t make the lican appointees on the Supreme Court, jury. The jury is an American institu- error any less wrong when they find whether there is a bit of a systemic tion of government. It is mentioned out about it. The Court is clearly out lean in favor of corporate interests on three times in the Constitution and of touch with the impact they have on the part of those judges to the point Bill of Rights. It is there for a reason. everyday Americans. where we really now need to call that It is there for a very important reason. This case is a perfect example of out because it is beyond what statistics When de Tocqueville wrote ‘‘Democ- hurting female workers. As of 2009, could possibly justify. racy in America,’’ he wrote about the women comprised 46.8 percent of the Certainly, the Ledbetter decision jury that it is ‘‘an institution of the U.S. labor force. As of 2009, 66 million helps prove that point. We have at a sovereignty of the people.’’ He wrote women were employed in the United company a woman who does not know that in a chapter whose heading was States; 74 percent were employed full she is being discriminated against; that about protecting against the tyranny time; 26 percent, part time. Equal pay for the same work as her male col- of the majority. has been U.S. law for more than four leagues, she is being paid less. She has The Founding Fathers saw it that decades. But on average, women today no way to know that. She does not way because they saw corrupt colonial still make just 78 cents for every dollar know that. The fact that she does not Governors. They saw legislatures that made by a man in an equivalent posi- know that is held against her rather had panicked in that period between tion. Women of color are in an even than against the company which dis- independence and the Constitution. Re- worse position. The average earnings criminated against her. The company member Thomas Jefferson talking for African-American women were 68 was able to get off scot-free for all about the Virginia Legislature, saying: percent of a male’s earnings, while those months and years of discrimina- We have turned out 1 tyrant, and now Latinos earn just 58 percent of a male’s tion before she found out what they we have 270 tyrants—or whatever the earnings. The Supreme Court ruled were doing to her. The law did not re- number was—of the Virginia Assembly. against precedent and actually made it quire that particular answer. As the They had to go back, and Madison had more difficult for women to bridge this dissenting Justices pointed out, it was, to rethink the balance of powers. They gap. That is not what we want from the in fact, the wrong answer. But it cer- adopted what is now the American sys- Supreme Court of the United States. tainly served the interests of corpora- tem of government. They had an expe- That is not what we want as far as the tions across America to limit their li- rience that there needed to be a place activism of the Supreme Court is con- ability when they discriminate against where one could go to get a clean deci- cerned. their employees. sion from a jury of one’s peers. And it When the Court turned the law com- The case I wish to talk about is the didn’t matter who the Governor was, pletely on its head and circumvented Exxon decision where the Supreme who the general assembly was, what congressional intent, Congress stepped Court threw out a jury verdict after the power structure was; there was in. I am proud to say that my senior the Exxon Valdez oilspill, a jury ver- some place in American Government Senator, Ms. MIKULSKI, introduced the dict for punitive damages in the where power did not count, where the Lilly Ledbetter Equal Pay Act, which I amount of $5 billion. Sounds like a lot powerful and the powerless had the cosponsored. This legislation had 54 of money. It is a lot of money, but at same shot. That is why it is in the Con- Senate cosponsors and passed the Sen- the time, it was just 1 year of profits stitution. That is why it is described as ate by a vote of 61 to 36. The House of for Exxon. a mode of the sovereignty of the peo- Representatives passed the bill by a Remember what they did in this case. ple. vote of 255 to 177. On January 29, 2009, They took this gigantic tanker, the When the Supreme Court takes away President Obama signed his first bill Exxon Valdez, and they allowed the from the jury what seems to me to be into law, the Lilly Ledbetter Equal captain, a known alcoholic, to get on a reasonable punitive damage assess- Pay Act. board drunk, to continue drinking ment—if they had really been whacked Under our system of checks and bal- heavily while on board, and to steer for $5 billion, who knows what message ances, each branch of government has a the Valdez aground in Prince William that might have sent through the oil responsibility to keep the other in Sound, creating what was then, in 1989, industry. Conceivably, it might have check. But we all should be on the side the biggest oilspill in American his- prevented the oilspill in the gulf if it of the American people and workers. tory. really rattled their cages enough. But, As the Judiciary Committee and the Prince William Sound is still recov- no, it interfered with the predictability Senate convene next week to consider ering from that. Our colleagues from corporations want. So the Supreme the nomination of Elena Kagan, we Alaska will tell us that one can still Court threw out the $5 billion punitive need to remember whose side we are pick up rocks on the seashore and see damage assessment—just 1 year’s prof- on. We need to remember that big busi- the oil on the underside of the rocks. it for that company—and knocked it ness can and will fend for itself, but it We all remember the images we first down 90 percent. They adopted a rule is individuals who look to the Court saw there—and are now seeing trag- that it couldn’t be more than one-to- and to Congress to uphold the law and ically echoed in the gulf—of birds, ma- one with damages. It is not in the Con- the protections it delivers. rine mammals covered in oil, poisoned stitution. It is not statutory. They just Elena Kagan will be the fourth by oil, dying on the shores and beaches decided that the interests of corpora- woman to serve on the Nation’s highest or, if they can be found, being recov- tions in predictability were so impor- Court, and this will be the first time in ered by human volunteers who try to tant that paying back Alaskans for the history we will have three women serv- clean them up and save their lives. It damage done and putting a punitive as- ing on the Court at the same time. was a very significant error by Exxon. sessment on top of it that would pre- Elena Kagan’s record as Solicitor Gen- Everybody knows corporations are vent this from happening again was eral and her broad legal background all about their bottom line. That is not less important. Predictability was give me confidence that she under- me saying that; that is the law of cor- more important; deterring misconduct

VerDate Mar 15 2010 23:52 Jun 22, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.003 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5222 CONGRESSIONAL RECORD — SENATE June 22, 2010 was less important. That is a value should not forget that fact as we look justice in another 5–4 decision, this one judgment. It is a value judgment these at a nominee who will hold the strike called Rent-A-Center v. Jackson. Justices bring to this Court. zone the same; who won’t give that On one side of the courtroom in this Jeffrey Toobin is an authoritative benefit any longer to the corporations case was Rent-A-Center, a corporation writer about the Supreme Court. He that now, apparently, are beginning to that runs over 3,000 furniture and elec- studies it carefully. He tracks it care- feel they are entitled to at the U.S. Su- tronics rent-to-own stores across North fully. Here is what he wrote last year preme Court. America, with 21,000 employees and about our Chief Justice: I yield the floor. hundreds of millions of dollars in an- In every major case since he became the The ACTING PRESIDENT pro tem- nual profits. On the other side stood nation’s seventeenth Chief Justice, Roberts pore. The Senator from Minnesota. Antonio Jackson, an African-American has sided with the prosecution over the de- Mr. FRANKEN. Madam President, I account manager in Nevada who fendant, the state over the condemned, the couldn’t agree more with my colleague sought to bring a civil rights claim executive branch over the legislative, and from Rhode Island and his eloquent against his employer. Jackson claims the corporate defendant over the individual statement, as well as my colleague plaintiff. Even more than Scalia, who has that Rent-A-Center repeatedly passed embodied judicial conservatism during a from Maryland. I think we are going to him over for promotions and promoted generation of service on the Supreme Court, be hearing a lot about this Roberts non-African-American employees with Roberts has served the interests and re- Court as we head into and during the less experience. flected the values of the contemporary Re- Kagan hearings. Although Jackson signed an employ- publican Party. I rise today to talk about Americans’ ment contract agreeing to arbitrate all Remember, this is the one who, when basic right to have their day in court. employment claims, he also knew the being confirmed, said he was only The Supreme Court has always been a contract was unfair, so he challenged it going to call balls and strikes, as if towering institution, both physically in court. But yesterday the Supreme that was even an apt metaphor. Well, it and metaphorically. Until recently, as Court sided with Rent-A-Center, ruling seems that the strike zone for indi- visitors walked up the steep steps of that an arbitrator, not a court, should vidual plaintiffs is a lot smaller in this the Supreme Court’s front doors, they decide whether an arbitration clause is Court than the strike zone for the big entered underneath a mantle inscribed valid. Let me say that again. The arbi- corporations. I will pick out a part of ‘‘Equal Justice Under Law.’’ Now those trator gets to decide whether an arbi- the sentence: bronze doors are closed to the public. tration clause is valid. Let me repeat In every major case since he became the That may have been because of secu- that. The arbitrator gets to decide Nation’s seventeenth Chief Justice, Roberts rity concerns, but it is hard to imagine whether the arbitration clause is valid. has sided with the corporate defendant over a better metaphor for what has been That is just one step away from letting the individual plaintiff. happening to our Court. The Roberts the corporation itself decide whether a That is as of May 25, 2009. Court has consistently denied hard- contract is fair. If you take a look at the decision working people their day in court, In doing so, the Supreme Court made that came down today in Rent-A-Cen- blocking them from their entrance to it even harder for ordinary people to ter v. Jackson, an employee challenges the courtroom. protect their rights at work. Justice a contract saying, Wait a minute. I Many of my colleagues remember me Stevens, not surprisingly, wrote the should not have to be a party to that speaking on the Senate floor about dissent. As he did in Gross, Stevens contract because the circumstances Jamie Leigh Jones. As a 20-year-old, notes that the Supreme Court, yet that caused me to enter into that con- she went to Iraq as a contractor for again, decided this case along lines tract were unconscionable. I should be KBR, then a Halliburton subsidy. She ‘‘neither briefed by the parties nor re- protected from that contract because it complained about sexual harassment lied upon by the Court of Appeals.’’ In was unconscionable to force me to sign almost immediately. She was put in a other words, the Supreme Court went it. The contract requires that you go barracks with 400 men and a handful of out of its way to close those bronze and arbitrate instead of having access women. When she complained to KBR, doors—and keep them closed. Clearly, to—guess what—the jury. they not only ignored her, they this is a ruling that Congress needs to The Supreme Court said the decision mocked her. They told her, Oh, go fix, and I look forward to working with over whether it is unconscionable spend the day in the spa. Four days my colleagues to do so. should go to the arbitrator. You later, she was drugged and brutally Sometimes it is easy to forget that wouldn’t even be at the arbitrator if gang raped by her coworkers and then the Supreme Court matters to average the contract weren’t valid. It is topsy- locked in a shipping container with no people—to our neighbors and our kids. turvy logic. But, once again, it reflects contact with the outside world. Some have tried to convince us that the fact that the strike zone for cor- What happened to Jamie Leigh in Supreme Court rulings only matter if porations is a lot bigger with the Re- Iraq was bad enough, but because of you want to burn a flag or sell pornog- publican appointees of this Court than the Supreme Court’s decision in Circuit raphy or commit some horrendous the strike zone for regular people. City Stores v. Adams, KBR had been crime. But as Jamie Leigh Jones and I see Senator FRANKEN from Min- able to force Jamie to sign an employ- Antonio Jackson show us, the Supreme nesota here waiting to speak, and I will ment contract that required her to ar- Court is about much more than that. It yield the floor so he may do so. bitrate all job disputes rather than is about whether you have a right to a As we face this question of Elena bringing them to a court of law. So workplace where you won’t get raped Kagan’s nomination to the Supreme Jamie, now a teacher in a Christian and whether you can defend those Court, we need to be clear that when school in Texas, was forced to spend rights in court before a jury after- the opponents talk about rule of law, the next 4 years fighting to get her day wards. It is about whether corporations when they talk about not having activ- in court after being gang raped on the will continue to have inordinate power ist judges, when they talk about mak- job. She has had two reconstructive to control your life with their armies ing sure corporations get a fair shake, surgeries since this happened. Let me of lawyers and their contracts filled there is actually a little bit more going say this again. She was brutally gang with fine print. It is about whether on here. There is a little bit more going raped on the job and still had to fight they can force you to sign away your on here, and what is going on here is to get her day in court. rights in an unfair employment con- that over and over and over again the I am proud the Senate passed my tract so you never see the inside of a Republican appointees to the U.S. Su- amendment to give victims such as courtroom. It is, quite frankly, about preme Court, when they have the Jamie Leigh Jones a chance for justice the kind of society we want to live in. chance, will rule in favor of the cor- and I was proud to see it signed into Next week, the Judiciary Committee poration and against the individual de- law. But, sadly, we are about to see a will hold hearings on the nomination of fendant. It is not surprising, since the lot more Jamie Leighs denied their day Elena Kagan to the U.S. Supreme Republicans are the party of the cor- in court. Just yesterday, as Senator Court. Those hearings provide a good porations, that the judges they appoint WHITEHOUSE noted, the Court erected opportunity for us to examine the leg- want to help the corporations. We yet another hurdle for people seeking acy of the Roberts Court and talk

VerDate Mar 15 2010 23:52 Jun 22, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.004 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5223 about what it would mean to have a bon dioxide into the atmosphere just as coal ‘‘There’s a tremendous deficit of trust that is Court that instead cares about hard- does, but point out that trees and plants also really inhibiting things.’’ working Americans. absorb the gas. If done carefully, and with- In the United States, biomass power plants burn a variety of feedstocks, including rice Solicitor General Kagan is nomi- out overharvesting, they say, the damage to the climate can be offset. hulls in Louisiana and sugar cane residues, nated to fill the seat currently occu- But opponents say achieving that sort of called bagasse, in parts of Florida and Ha- pied by Justice Stevens who wrote the balance is almost impossible, and carbon-ab- waii. A vast majority, though, some 90 per- impassioned dissent in yesterday’s sorbing forests will ultimately be destroyed cent, use woody residue as a feedstock, ac- Rent-A-Center ruling. I hope General to feed a voracious biomass industry fueled cording to the Biomass Power Association. Kagan has learned from Justice Ste- inappropriately by clean-energy subsidies. About 75 percent of biomass electricity vens and takes his words to heart. I They also argue that, like any incinerating comes from the paper and pulp companies, look forward to questioning her during operation, biomass plants generate all sorts which collect their residues and burn them of other pollution, including particulate to generate power for themselves. these hearings. I want to make sure matter. State and federal regulators are now But more than 80 operations in 20 states she understands that Supreme Court puzzling over these arguments. are grid-connected and generate power for cases impact all of our lives—and that Last month, in outlining its plans to regu- sale to local utilities and distribution to res- she will be the kind of Justice who be- late greenhouse gases, the Environmental idential and commercial customers, a $1 bil- lieves in equal justice under the law. Protection Agency declined to exempt emis- lion industry, according to the association. Thank you, Madam President. I yield sions from ‘‘biogenic’’ sources like biomass The increasing availability of subsidies and the floor. power plants. That dismayed the biomass tax incentives has put dozens of new projects The ACTING PRESIDENT pro tem- and forest products industries, which typi- in the development pipeline. cally describe biomass as ‘‘carbon neutral.’’ The problem with all this biomass, critics pore. The Senator from Tennessee. The agency said more deliberation was argue, is that wood can actually churn out Mr. ALEXANDER. Madam President, needed. more greenhouse gases than coal. New trees how much time do I have? Meanwhile, plans for several biomass might well cancel that out, but they do not The ACTING PRESIDENT pro tem- plants around the country have been dropped grow overnight. That means the low-carbon pore. The Republicans have 60 minutes, because of stiff community opposition. attributes of biomass are often realized too and individual Senators are limited to In March, a $250 million biomass power slowly to be particularly useful for com- 10 minutes. project planned for Gretna, Fla., was aban- bating climate change. doned after residents complained that it Supporters of the technology say those Mr. ALEXANDER. Would the Chair threatened air quality. Two planned plants limitations can be overcome with tight regu- please let me know when 9 minutes in Indiana have faced similar grass-roots op- lation of what materials are burned and how have expired. position. they are harvested. ‘‘The key question is the The ACTING PRESIDENT pro tem- In April, an association of family physi- rate of use,’’ said Ben Larson of the Union of pore. We will. cians in North Carolina told state regulators Concerned Scientists, an environmental Mr. ALEXANDER. Thank you, that biomass power plants there, like other group based in Cambridge, Mass., that sup- Madam President. plants and factories that pollute the air, ports the sensible use of biomass power. ‘‘We could ‘‘increase the risk of premature death, need to consider which sources are used, and f asthma, chronic bronchitis and heart dis- how the land is taken care of over the long ENERGY DEBATE ease.’’ haul.’’ In Massachusetts, fierce opposition to a But critics maintain that ‘‘sustainable’’ Mr. ALEXANDER. Madam President, handful of projects in the western part of the biomass power is an oxymoron, and that no- last week the New York Times ran a state, including Mr. Wolfe’s, prompted offi- where near enough residual material exists story, and I ask unanimous consent to cials to order a moratorium on new permits to feed a large-scale industry. Plant owners, have it printed in the RECORD at this last December, and to commission a sci- they say, will inevitably be forced to seek time. entific review of the environmental creden- out less beneficial fuels, including whole There being no objection, the mate- tials of biomass power. trees harvested from tracts of land that That study, released last week, concluded rial was ordered to be printed in the never would have been logged otherwise. that, at least in Massachusetts, power plants Those trees, critics say, would do far more to RECORD, as follows: using woody material as fuel would probably absorb planet-warming gases if they were [From the New York Times, June 18, 2010] prove worse for the climate than existing simply let alone. NET BENEFITS OF BIOMASS POWER UNDER coal plants over the next several decades. ‘‘The fact is, you might get six or seven SCRUTINY Plants that generate both heat and power, megawatts of power from residues in Massa- displacing not just coal but also oil and gas, chusetts,’’ said Chris Matera, the founder of (By Tom Zeller, Jr.) could yield dividends faster, the report said. Massachusetts Forest Watch. ‘‘They’re plan- GREENFIELD, MA.—Matthew Wolfe, an en- But in every case, the study found, much de- ning on building about 200 megawatts. So it’s ergy developer with plans to turn tree pends on what is burned, how it is burned, a red herring. It’s not about burning waste branches and other woody debris into elec- how forests are managed and how the indus- wood. This is about burning trees.’’ tric power, sees himself as a positive force in try is regulated. Whether or not that is true, biomass power the effort to wean his state off of planet- Ian A. Bowles, the secretary of the Massa- is also coming under attack simply for the warming fossil fuels. chusetts Office of Energy and Environmental ordinary air pollution it produces. Web sites ‘‘It’s way better than coal,’’ Mr. Wolfe Affairs, said that biomass power and sustain- like No Biomass Burn, based in the Pacific said, ‘‘if you look at it over its life cycle.’’ able forest management were not mutually Northwest, liken biomass emissions to ciga- Not everyone agrees, as evidenced by lawn exclusive. But he also said that the logical rette smoke. Duff Badgley, the coordinator signs in this northwestern Massachusetts conclusion from the study was that biomass of the site, says a proposed plant in Mason town reading ‘‘Biomass? No Thanks.’’ plants that generated electricity alone prob- County, Washington, would ‘‘rain toxic pol- In fact, power generated by burning wood, ably should not be eligible for incentives for lutants’’ on residents there. And the Amer- plants and other organic material, which renewable energy. ican Lung Association has asked Congress to makes up 50 percent of all renewable energy ‘‘That would represent a significant change exclude subsidies for biomass from any new produced in the United States, according to in policy,’’ Mr. Bowles said. energy bill, citing potentially ‘‘severe im- federal statistics, is facing increased scru- The biomass industry argues that studies pacts’’ on health. tiny and opposition. like the one in Massachusetts do not make a Nathaniel Greene, the director of renew- That, critics say, is because it is not as cli- clear distinction between wood harvested able energy policy for the Natural Resources mate-friendly as once thought, and the pol- specifically for energy production and the Defense Council, said that while such con- lution it causes in the short run may out- more common, and desirable, practice of cerns were not unfounded, air pollution weigh its long-term benefits. burning wood and plant scraps left from agri- could be controlled. ‘‘It involves technology The opposition to biomass power threatens culture and logging operations. that we’re really good at,’’ Mr. Greene said. its viability as a renewable energy source The Biomass Power Association, a trade For opponents like Mr. Matera, the tradeoffs when the country is looking to diversify its group based in Maine, said in a statement are not worth it. energy portfolio, urged on by President last week that it was ‘‘not aware of any fa- ‘‘We’ve got huge problems,’’ Mr. Matera Obama in an address to the nation Tuesday. cilities that use whole trees for energy.’’ said. ‘‘And there’s no easy answer. But bio- It also underscores the difficult and complex During a recent visit to an old gravel pit mass doesn’t do it. It’s a false solution that choices state and local governments face in outside of town where he hopes to build his has enormous impacts.’’ pursuing clean-energy goals. 47-megawatt Pioneer Renewable Energy Mr. Wolfe says that is shortsighted. Wind Biomass proponents say it is a simple and project, Mr. Wolfe said the plant would be power and solar power are not ready to scale proved renewable technology based on nat- capable of generating heat and power, and up technologically and economically, he ural cycles. They acknowledge that burning would use only woody residues as a feed- said, particularly in this corner of Massachu- wood and other organic matter releases car- stock. ‘‘It’s really frustrating,’’ he said. setts. Biomass, by contrast, is proven and

VerDate Mar 15 2010 23:52 Jun 22, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.005 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5224 CONGRESSIONAL RECORD — SENATE June 22, 2010 available, and while it is far from perfect, he size of the Great Smoky Mountains Na- Wall Street Journal article from July argued, it can play a small part in reducing tional Park to replace the electricity 3, 2009. reliance on fossil fuels. created by two standard coal plants or There being no objection, the mate- ‘‘Is it carbon-neutral? Is it low-carbon? There’s some variety of opinion,’’ Mr. Wolfe one standard nuclear reactor. Wood has rial was ordered to be printed in the said. ‘‘But that’s missing the forest for the only half the energy density of coal. RECORD, as follows: trees. The question I ask is, What’s the alter- That means, if nothing else, we have to [From the Wall Street Journal, July 3, 2009] native?’’ do twice as much work in hauling it STATE’S RENEWABLE-ENERGY FOCUS RISKS Mr. ALEXANDER. The above-ref- around. There is a utility in Georgia POWER SHORTAGES erenced article is entitled ‘‘Net Bene- that is using wood to replace coal in a (By Rebecca Smith) fits of Biomass Power Under Scru- 100-megawatt powerplant. This utility California officials are beginning to worry tiny.’’ It is about how the people of has trucks running in there day and that the state’s focus on transitioning to re- Massachusetts are starting to debate night hauling wood to keep the plant newable-energy sources could lead to power running, and that is only 100 shortages in the near term. the idea that they are accomplishing The state has been so keen to develop re- anything by displacing coal with bio- megawatts—about one-tenth the size of newables that relatively few conventional mass to produce clean electricity. I am one nuclear reactor. For the south- power generators, such as gas-fired plants, talking here about producing elec- eastern United States to meet a 12-per- have been built lately. That risks a possible tricity, not biofuels which we use in cent renewable electricity standard, as energy shortfall in certain places if the econ- our cars. called for in the Waxman-Markey en- omy rebounds any time soon. Biomass is essentially burning wood ergy climate bill, by using biomass California’s utilities are barreling ahead to and other organic products in a sort of alone, we would have to cut down more try to meet a state mandate to garner 33% of controlled bonfire to produce elec- their power from renewable sources by 2020, trees than the entire U.S. paper indus- and some officials are concerned the effort tricity. The argument for biomass goes try uses each year. might push up electricity prices and crimp like this: Wood is natural. Trees re- I think it is worth taking note of all supplies. grow. Burn them up today and more this as we move toward the idea that The state auditor warned this week that trees will grow tomorrow. Therefore, renewable resources are the answer to the electricity sector poses a ‘‘high risk’’ to we won’t run out of resources. More- our energy problems. the state economy. A staff report from the over, trees are carbon neutral. Burning Tomorrow, there will be a group of state energy commission also warns that wood may release carbon dioxide, but my colleagues going to the White California could find itself uncomfortably trees reabsorb carbon so we can benefit House to discuss with the President the tight on power by 2011 if problems continue to pile up. from this natural cycle by generating issue of how to proceed on clean en- Utilities complain that the ambitious re- electricity. Therefore, we are not mak- ergy. My fear is that we may all be newable-energy mandates, combined with ing climate problems any worse with asked to put our differences aside and tougher environmental regulations on con- biomass. settle this issue by pushing through a ventional plants, are compromising their Indeed, biomass produces about 50 ‘‘renewable electricity standard’’ that ability to deliver adequate power. ‘‘Con- percent of our Nation’s renewable elec- says all we have to do is choose a num- flicting state policies are a problem,’’ said tricity today, according to the New ber—17 percent by 2020 or 25 percent by Stuart Hemphill, senior vice president of procurement at Southern California Edison, York Times, and by most of the defini- 2030—and before you know it, we will tions of renewable electricity that we a unit of Edison International of Rosemead, have all the energy we need from wind, Calif. use in proposals in the Senate. But we the Sun, and from the Earth running The stresses being felt in California could can’t rely upon biomass to replace sig- our highly advanced technological be a harbinger of problems to come in other nificant amounts of the fossil-based country. states. The federal Waxman-Markey climate- electricity we get today from coal. Bio- In fact, more than half of the States change bill, passed by the House of Rep- mass electricity has its place, and can already have adopted some version of resentatives on June 26, would require states be used to burn forest and other wood these renewable electricity standards, to obtain about 15% of their electricity from waste. In Tennessee we have a lot of renewable sources by 2020. Currently, about but they haven’t accomplished much. 4% of U.S. electricity comes from renew- pine trees. They need to be removed New Jersey wants to close down a nu- ables, excluding hydropower. from the forest, and this is a good way clear reactor and replace it with an off- California’s 33% renewable-energy target is to do that and make a little elec- shore wind farm. It will have to build so ambitious that it is likely to miss the tricity. However, we cannot and we 50-story wind turbines along its entire goal by five years or more, energy officials should not start cutting down and 125-mile coast, and it will still need to now concur. burning our forests to produce elec- have the nuclear plant or a natural gas State energy agencies recently concluded tricity. The loss of forest land is still it could cost $114 billion or more to meet the plant or coal plant or some other plant 33% mandate, more than double what it one of the major ecological catas- to provide electricity when the wind might have cost to achieve an earlier 20% re- trophes in Africa, Asia, and South doesn’t blow, which is most of the quirement. Consumers will bear those costs, America. So are we, the most advanced time. one way or another. country in the world, going to talk To meet its requirement of 33 percent Agencies also identified problems with about going back to burning up our for- renewable electricity by 2020, Cali- constructing sufficient transmission capac- ests for energy? Many environmental fornia has put up wind farms, devel- ity to move renewable-based energy to cit- ies. advocates are now arguing that bio- oped its abundant geothermal re- Southern California Edison, which buys mass should not even be considered to sources, and siphoned methane from al- more renewable electricity than any other be ‘‘renewable’’ or ‘‘carbon neutral’’ be- most every landfill in the State, and it U.S. utility, has conducted seven solicita- cause of the fact that burning wood re- still only gets 12 percent of its elec- tions for renewable-energy supplies since leases greenhouse gases. While that is tricity from renewables. 2002 and inked 48 renewable energy con- true, so does the natural process of Last year, a Wall Street Journal arti- tracts. Yet it is still only halfway toward its decay, but the carbon is reabsorbed by cle cited the California State Energy procurement goal. In 2008, 16% of its elec- the growth of new trees. Biomass can Commission’s warning that the renew- tricity was renewable in origin, but more than 60% of that came from geothermal be, and should be, an important—albeit able requirement could begin causing plants—most of them built long before the a small part—of our electricity port- reliability problems—that means that current push for green power. folio by using excess forest material when you turn your light switch on, At the same time, new regulations are put- and industrial wood waste. the light might not go on—and in- ting existing power plants under pressure. Unfortunately, the New York Times crease electricity rates by 2011, which Last week, the state Water Resources Con- piece misses out on one of the most im- is next year. California State agencies trol Board issued a proposed policy that portant concerns about biomass. Just were warning that simply increasing would clamp down on power plants that use like other renewable electricity the renewable requirement from 20 per- something called ‘‘once-through cooling,’’ which sucks water out of the ocean and riv- sources, it cannot be the solution for cent to 33 percent could cost $114 bil- ers and discharges massive amounts of our clean energy needs because of the lion. warmed water, harming some aquatic life. problem of scale. We would have to Mr. President, I ask unanimous con- The policy would end the practice at 19 continually forest an area 11⁄2 times the sent to have printed in the RECORD the plants that produce as much as 15% of the

VerDate Mar 15 2010 23:52 Jun 22, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.003 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5225 state’s electricity. That has the California wind are hot summer afternoons, when trucks, and we can agree to build nu- Energy Commission worried electricity the electricity demand peaks. Wind clear plants for carbon-free electricity. shortages might arise if older, marginal and other renewables are not depend- We can certainly agree on doubling en- plants are shut down before there is replace- able in the terms that utilities need de- ergy research and development to bring ment power available. Building conventional power units is noto- pendable electricity. The Tennessee down the cost of solar power by a fac- riously tough in Southern California because Valley Authority, in the region where I tor of 4 and to create a 500-mile battery of air-quality problems and difficulty getting live, says it can only count on the wind for electric cars. air-emissions credits, which are essentially power it produces in Tennessee and But we need to remember, as we rights to spew specified amounts of pollut- even the wind power it buys from the think about the next 10, 20, or 30 years, ants. Dakotas about 10 to 15 percent of the the United States is not a desert is- Early this year, the local air agency, the time when it is actually needed. That land. We use 25 percent of all the en- South Coast Air Quality Management Dis- trict, imposed a moratorium on issuing air is also what has happened in Denmark. ergy in the world to produce about 25 credits from its ‘‘bank’’ that affected 10 They have to give away almost half of percent of all the money, which we dis- power plants that were under development. their wind-generated electricity to tribute among ourselves, 5 percent of ‘‘It’s too early to tell how the pieces will Germany and Sweden at bargain prices the people in the world. We ought to fit together, but all the agencies and utili- because it comes at a time when it is keep that high standard of living. We ties are talking,’’ said Edison’s Mr. Hemp- not needed. The result has been that need to remember we are not a desert hill. ‘‘Something has to be worked out.’’ the Danes pay the highest electrical island. Someday, solar, wind, and the Mr. ALEXANDER. Mr. President, prices in Europe and still haven’t Earth may be an important supplement countries such as Denmark and Ger- achieved much reduction in carbon to our energy needs, but for today, we many have done the same thing. Den- emissions. are not going to power the United mark, which is often cited for its wind Then there is the matter of subsidies. States on electricity produced by a power, has pushed its windmills up to We hear a lot about oil subsidies in the windmill, a controlled bonfire, and a 20 percent of its electrical capacity. Senate. I suggest that when we talk few solar panels. That sounds good. Many people regard about big oil, we also talk about big I yield the floor. 20 percent as about the theoretical wind. The U.S. taxpayers are already The PRESIDING OFFICER (Mr. limit that wind power can supply to a committed to spending $29 billion over UDALL of New Mexico). The Senator total electric grid, even for a small the next 10 years to subsidize the inves- from Kansas is recognized. country such as Denmark. Yet Den- tors, corporations, and the banks that Mr. BROWNBACK. Mr. President, I mark hasn’t closed even one single coal have financed the big wind turbines, appreciate my colleague commenting plant as a result of all these new wind- and they only produce 1.8 percent of about energy. There is a bipartisan en- mills. So it is still dependent on fossil our electricity. If we went to 20 percent ergy bill that I hope the President dis- fuels, and it has the most expensive of our electricity from wind in the cusses tomorrow. It came out of the electricity in Europe because of all of United States, that would be $170 bil- Energy Committee on a bipartisan its renewable electricity. Meanwhile, lion from American taxpayers. vote. It doesn’t increase cap and trade. France, which has gone to 80 percent Windmills are and can be said to be a I certainly agree with my colleague nuclear power, has per capita carbon big success compared to solar elec- on nuclear power, although we have emissions 30 percent lower than those tricity at today’s prices. California some disagreement about wind. We of Denmark, and it has so much cheap now has more solar electricity than have some nice places in Kansas for electricity that France is making $3 any other State, and in March, the wind energy generation. I talked with billion a year exporting its elec- California Public Utilities Commission the operators of the Smoky Hills Wind tricity—mostly from nuclear power—to announced the opening of one of the Farm last week. It operates between 40 other countries. largest photovoltaic stations in Cali- and 45 percent of the time—the highest So what are we getting into when we fornia—21 megawatts. Solar power operating unit in the world. This com- say we are going to solve our energy makes more sense as a supplement to pany is a global wind-producing com- problems by passing a law telling our- our power by offsetting some of our de- pany. It is a very nice operation. I am selves we have to get 15, 17, or 20 per- mand by placing solar panels on roof- not saying you can power it all off of cent of our electricity from renewable tops, not large-scale electricity plants. wind. I am a nuclear supporter myself. sources, very narrowly defined, by 2020? We all hope we can reduce the cost of I also believe we have nice places to First, it is important to point out solar power, which today costs four do wind power and a nice generation that 80 percent of the facilities built to times as much as electricity produced capacity that is complementary to the satisfy State renewable standards have from coal. rest of the energy grid in the United been windmills. So a renewable elec- These are technologies we are count- States. Kansas is the second windiest tricity standard is really a national ing on to solve our energy problems. I State in the country. There are many windmill policy instead of a national think we have to exercise some caution times I have been in Kansas and have energy policy. Wind turbines are easy here. The assumption is that all we wondered, who else could be windier? to put up, especially in remote areas. have to do is subsidize these tech- We have a lot of consistent wind. There We have built 35,000 megawatts in total nologies and get them up and running, are places we can produce wind power wind energy capacity, which represents and they will find their place in the on a very advantageous basis for the an increase of more than 100 percent in market. That doesn’t seem to be true. rest of the country. It is my hope that the past 3 years. But most wind tur- All of these technologies still have we can have those on a complementary bines only generate electricity about 33 much to prove before they can shoulder basis but that we don’t do a cap-and- percent of the time. That is how often a significant portion of our electricity. trade system; rather, that we go with the wind blows. The best wind farms— Biomass facilities need to be placed the bipartisan bill that passed the En- the ones on the eastern and west coast where they are most efficient and can ergy Committee. mountaintops or on the windy plains of be used as a supplement to low-cost re- f the Dakotas—operate a little more liable sources of electricity that al- than 40 percent of the time. That ready provide the large amounts of TRIBUTE TO MANUTE BOL means our 35,000 megawatts in wind- clean and reliable energy we need. We Mr. BROWNBACK. Mr. President, I mill capacity only generates about already have a proven technology in wish to speak about the untimely pass- 10,000 megawatts at best—the equiva- nuclear power that provides us with 20 ing of a giant—a giant in the hearts of lent of ten standard nuclear reactors. percent of our electricity and 70 per- the Sudanese people but also a literal Moreover, the wind doesn’t always cent of our carbon-free electricity. We giant. At 7 foot 7 inches, Manute Bol blow when it is needed and often blows should focus on that. was a hero in his native home of when it is not needed. The strongest As the President and our colleagues Sudan, not for the fact alone that he winds are at night or during the fall consider our clean energy future to- was a pro basketball player in the and spring, which are periods of low de- morrow and the things we agree on, we United States or that he killed a lion mand, while the periods with the least can agree to electrify half our cars and with a spear while working as a cow

VerDate Mar 15 2010 23:52 Jun 22, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.001 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5226 CONGRESSIONAL RECORD — SENATE June 22, 2010 herder—no, Manute was a hero because in it.’’ We are finding out what is in it. In Wyoming over the weekend, I visited of his advocacy for his fellow country- Remarkable events have taken place, with a number of seniors on Medicare. men, a true humanitarian. ranging from the implementation that I visited with some family physicians Manute began his NBA career in means that more than half—51 per- who take care of families in Wyoming. Washington in 1985, when he was draft- cent—of all employees in 2013 will be in I practiced medicine for 25 years in Wy- ed in the second round by the Wash- plans that aren’t grandfathered, de- oming taking care of families and have ington Bullets. That year, Manute set spite the President’s comment that if lived under the Medicare rules and reg- the NBA rookie record with a total of you like your insurance policy, you can ulations. 397 blocks. He continued to break shot- keep it. Nearly 7 in 10—69 percent em- Here it is: ‘‘Doctors limit new Medi- blocking records throughout his career ployees, 80 percent of workers, and care patients. Surveys point to pay- and is the only player in NBA history small businesses—would lose their cur- ment concerns.’’ Doctors will tell you to block more shots than points scored. rent plan within 3 short years. the biggest deadbeat when it comes to Manute coined the idiom or the Mr. President, I would like for my paying for health care is the Federal phrase ‘‘my bad,’’ which quickly be- friend, Dr. BARRASSO, to explain ex- Government. It is Washington. More came the standard for those players actly how that happens. First, I would and more of my colleagues are opting owning up to their own errors on the like to mention the issue du jour out, as the Senator from Arizona said, court. ‘‘My bad.’’ To own up to one’s which, of course, is headlined on Polit- from taking care of Medicare patients own mistakes is a true measure of ico this morning: ‘‘Medicare Tussle because what they get reimbursed is so one’s character, and it is no surprise Stymies Hill. Rift between Pelosi and limited that it does not keep up with that Manute leaves this legacy to the Reid stands in the way of funding com- the growing cost of liability insurance, NBA. promise.’’ the mandates on them in terms of the Manute had a gentle nature and un- I think it is important to recognize expenses of running a business, and mistakable humor. He was also a Chris- the reason we did not do the so-called they try to provide health care for all tian, and his faith guided his advocacy doc fix is because the majority did not their employees. Item after item, those costs go up. for his fellow Sudanese brothers and want to do the doc fix, which means But what the government continues to sisters. not implementing the 21-percent cut in pay for taking care of patients on Manute was the son of a Dinka tribal reimbursement for doctors who treat Medicare, which is an expanding group chief and was given the name Medicare patients. The reason we did of people, is shrinking. ‘‘Manute,’’ which means ‘‘special bless- not was because they had cooked the Think about how Washington works ing.’’ He was, indeed, special, and what books on the cost of ObamaCare. and does not get it. Patients around The fact is, they kept counting into made him special was not his height the country on Medicare understand but his heart. Manute often returned to the cost—in order to keep their com- they are having a hard time finding a Sudan to visit refugee camps, and he mitment that it would cost less than $1 doctor. The Center for Medicare and subsequently created the Ring True trillion—they kept counting in that Medicaid Services was quoted in yes- Foundation to assist those less fortu- there would be the 21-percent cut, a terday’s USA TODAY saying 97 percent nate than himself. $281 billion difference over 10 years. of doctors accept Medicare. What is the Manute moved to Olathe, KS, in 2007 The AMA and all of those people who reality? In North Carolina, since Janu- to be closer to his family and continue signed up with this bill are now saying: ary 1, this article says 117 doctors have his advocacy for Sudan as a spokesman Why are you not doing the doc fix? We opted out of Medicare. In New York, for a Kansas-based nonprofit, Sudan did the doc fix on Friday, I believe. It since the beginning of the year, about Sunrise, which raises money to build is now in the House, and we will prob- 1,100 doctors have left Medicare. The schools and churches in Sudan. In 2006, ably do the doc fix. But why the delay? president of the State of New York Manute participated in the Sudan The delay is simply because they did Medical Society is not taking new Freedom Work, a 3-week march from not want to. On the floor of this Sen- Medicare patients. the U.N. building in New York to the ate, they did not want to do the doc fix Mr. MCCAIN. As well as the Mayo U.S. Capitol in Washington, DC. He was because of the budgetary impact on Clinic. admitted to the United States as a reli- how they were selling this proposal to Mr. BARRASSO. Mayo Clinic said: gious refugee, and in his final years in the American people. We cannot afford to keep our doors Kansas, Manute was working on a I ask my colleague, Dr. BARRASSO, to open if we are taking Medicare pa- project to have Christians and Muslims comment on that point and also what tients. Specifically in Arizona, where work together to build a school in his we are finding out as to how many they have a wonderful clinic, the best hometown of Turlie, Sudan. Americans are actually going to lose care in the world in many ways in the The world needs more Manute Bols— the insurance policy they have. By the sense that early on in the health care individuals who dedicate their lives to way, there is also an article this morn- debate, President Obama said we others. Our thoughts and prayers go ing in USA TODAY entitled ‘‘Doctors should use the Mayo Clinic as a model out to Manute’s family, friends, and limit new Medicare patients,’’ which of what works, they do not want to the people of Sudan. was also predicted by some of us. take Medicare patients. They do not I yield the floor. One thing my friends on the other want to take Medicaid patients. But The PRESIDING OFFICER. The Sen- side of the aisle might have forgotten this health care law is cramming 16 ator from Arizona is recognized. is we cannot force doctors—they have million more Americans on to Med- Mr. MCCAIN. Mr. President, I ask not enacted a law yet that forces doc- icaid. What the President is proposing unanimous consent to engage in a col- tors to see Medicare patients. There- for the American people is something loquy with Dr. BARRASSO. fore, a number of doctors are voting less than what he has previously said is The PRESIDING OFFICER. Without with their fee in the respect that they the best in care. objection, it is so ordered. are not enrolling new Medicare pa- One of the other promises the Presi- f tients they would treat. dent made is, if you like the health I ask my colleague, Dr. BARRASSO, if care you have, you can keep it. As a HEALTHCARE he would comment on the doc fix and matter of fact, he gave a speech about Mr. MCCAIN. Mr. President, as I un- also maybe a better explanation than I a year ago at the American Medical As- derstand it, it is about 90 days since have been able to give as to why so sociation meeting: the President signed the legislation many people face the loss of their If you like your health care plan, you will known to some as ObamaCare and to health insurance policy between now be able to keep your health care plan. Pe- others as the Medicare reform bill. But and 2013. riod. there have been some interesting de- Mr. BARRASSO. Mr. President, my He went on to say: velopments in the intervening 90 days. colleague from Arizona is absolutely No one will take it away. Period. No mat- To quote the Speaker of the House, right. There is a front-page story in ter what. Period. she said at the time, ‘‘We have to pass USA TODAY. I was reading it as I was Now the White House has come out the bill so that you can find out what’s coming back from Wyoming yesterday. with new rules and regulations about

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In the analysis that citizens who are enrolled in Medicare, understand, as I know they do in Wyo- has come out from the administration, who paid into Medicare all their work- ming and Arizona, if you cut $500 bil- over 100 pages—I had it on the Senate ing lives and have enrolled in this lion—a $1⁄2 trillion—out of Medicare, floor last week—what they have shown Medicare Advantage program which not to save Medicare, not to save the is, over the next few years more and gives them choices are now going to program that is there for our seniors more Americans who have health care have that severely impaired or elimi- but to start a whole new government right now through their jobs that they nated. How does that happen? How is it program, that is not going to improve like, they understand, they know how when a program is offered to people Medicare. That is money seniors to use—and as a doctor I have worked who have paid into the system all their planned for, know it is in their system, with these patients. I know what it lives and they have chosen that Medi- and it is being taken from Medicare to means to them to have a health care care Advantage program, and now it is start a whole new government pro- plan they are comfortable with, that going to be taken away from them. gram. It is not for them. It is not going they understand, that they use, that How does that work? to improve Medicare. It is not going to all of the work has been done with the Mr. BARRASSO. It works when a strengthen Medicare. doctor’s office, hospital, and the pa- Senate and a House of Representatives That is why from the beginning, to tient, they understand the whole thing. and a President think they know more my colleague from Arizona, I said this To have that change is very distressing than the American people. They say: bill, now the law for 90 days, is bad for for people. It is unsettling. But yet this We know what is best for you. We don’t patients, bad for payers—the American government report out from the admin- care what you think. That is what has taxpayers who are going to end up istration says within the next couple of happened. stuck with the bill—and bad for the years, for people who have their insur- Mr. MCCAIN. They have pledged basi- providers—the nurses and doctors who ance through small business plans, al- cally to dismantle the Medicare Advan- are trying to take care of these people. most four out of five of them may lose tage program? Mr. MCCAIN. Mr. President, I thank the coverage they have. Mr. BARRASSO. Cut the funding so Dr. BARRASSO for his leadership on this Mr. MCCAIN. May I ask, is that be- people on Medicare Advantage—who issue. Those who are interested in his cause of a minor change in the insur- like it, who like the preventive medi- Web site, which is titled ‘‘Second Opin- ance policy they now have that then cine activities of it—are going to lose ion,’’ might be interested in gaining forces them out of the policy, even those opportunities. more information from that Web site. though there is a minor change? Maybe Just since 2003, the number of seniors My colleagues might be interested in Dr. BARRASSO can give us some of those on Medicare Advantage grew from a that. examples of how minor they are, how little over 4 million to 11 million. That I thank Dr. BARRASSO for his leader- they basically force them out of the is because the seniors talk to one an- ship on this issue, for his in depth policy they have into the ‘‘exchanges.’’ other, and they know what the best knowledge of it. I noted the luncheon Is that what happens? deal is for them, for their money, and we had with the President of the Mr. BARRASSO. I agree with my col- for their health. United States. I applaud Dr. BAR- league completely. What is happening The seniors I know in Wyoming who RASSO’s attempts to inform the Presi- is any sort of a change to a policy, signed up for this program said they dent on this issue. I am not sure how whether they change the deductible, want to make sure they have a number receptive the audience was to it, but change the copay or any of those of these preventive services. Once they what he had to say made a lot of sense things, then that policy is disallowed lose this, they are going to lose preven- to me. as something you can keep. tive services. They will have to pay I know Dr. BARRASSO shares my view Mr. MCCAIN. Some of those changes more. The cost for people will go up, in that we are not going to quit on this would simply be driven by pure eco- spite of the promise made by the Presi- issue. We are not going to quit on this nomics and the escalating cost of dent that he was going to get down the issue. It is going to be repealed and re- health care on which clearly this legis- cost of care. placed because we are not going to do lation has no effect. Experts who have looked at this said: this to the American people. Mr. BARRASSO. Let’s say you No, I am sorry, it is not going to work Still the overwhelming majority of change your job. Let’s say you move that way. the American people disapprove of this from one employment situation to an- Mr. MCCAIN. May I ask the Senator proposal. As the Speaker of the House other. You may change your insurance. one more question. Did he have a said, we have to pass the bill so we can Most people do because most people get chance to examine the $14 million—I find out what is in it. As they are find- their insurance through their work. We believe it was $14 million, $18 mil- ing out what is in it, more and more will have a situation where over the lion—— Americans dislike it. next couple of years, a promise that Mr. BARRASSO. The mailer. Mr. President, I yield the floor. I sug- the President made to the American Mr. MCCAIN. The mailer. I was try- gest the absence of a quorum. people—another promise that the ing to find a polite word—the mailer The PRESIDING OFFICER. The President made to the American people that was sent out to all Medicare en- clerk will call the roll. will be broken. rollees and what conclusions he drew The assistant legislative clerk pro- We have not just seen it with regular from that infomercial? ceeded to call the roll. insurance. My colleague from Arizona Mr. BARRASSO. To my colleague Mr. MCCAIN. Mr. President, I ask is in a State with many people who are from Arizona, I did. I had a chance to unanimous consent that the order for seniors, a number of them on Medicare look at that mailer sent out by the the quorum call be rescinded. Advantage, a special program that Secretary of Health and Human Serv- The PRESIDING OFFICER. Without speaks specifically to preventive care, ices. I found it very misleading. Some objection, it is so ordered. coordinated care. People signed up for have described it even as being a piece Mr. MCCAIN. Mr. President, I ask Medicare Advantage because there are of propaganda. unanimous consent that I be allowed to advantages to being on Medicare Ad- The sad part is, it was paid for by the engage in a colloquy with my colleague vantage. Yet this health care law that American taxpayers. The estimates for from Arizona. was crammed through this Senate is the cost have been $16 to $20 million of The PRESIDING OFFICER. Without going to cut massively from Medicare taxpayers’ money to send out this objection, it is so ordered. Advantage. piece of mail that essentially misleads, f One out of four people on Medicare is or tries to mislead—as my colleague on Medicare Advantage, and they know from Arizona knows, the American ILLEGAL IMMIGRATION why they have signed up for it. It is be- people are too smart to be misled by Mr. MCCAIN. Mr. President, there cause of the advantages to them. this—it tries to mislead them into say- has been a lot of conversation about Mr. MCCAIN. May I ask one more ing that this whole health care law is the issue of illegal immigration and question of my friend? This is kind of a actually going to strengthen Medicare. the results of different meetings. I

VerDate Mar 15 2010 04:36 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.020 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5228 CONGRESSIONAL RECORD — SENATE June 22, 2010 know my colleague from Arizona wish- Security was trumpeting this, why in living in Arizona increased over the es to discuss that aspect of the issue, the world would we have to put up last decade about twice, up to over but I take to the floor with my friend signs such as that? That is the ques- 600,000 people. It is estimated that and leader from Arizona to discuss the tion. about 12 percent of Arizona’s workers overall issue of immigration in light of I will let my colleague discuss the re- are illegal immigrants. According to a meeting and a trip he and I had to sults of our visit, but I can tell you the Maricopa County Attorney’s office, the border on Saturday, where we vis- that the citizens residing in the south- about 12 percent of the county’s popu- ited with ranchers, with citizens, with ern part of our State do not feel secure. lation and about 22 percent of felony Border Patrol, and where we had a When you have 241,000 illegal immi- crimes committed are committed by il- thorough trip throughout the area. So grants apprehended last year, that legal immigrants. we come to the floor to share our con- means that, depending on who you talk My colleague has talked frequently clusions and concerns with our col- to, it is nearly a million people appre- about the fact that Phoenix, AZ, our leagues. hended in just that part of the border. hometown, is the second largest kid- Let me begin by saying that unfortu- When you have 1.2 million pounds of napping capital of the world, and the nately—or fortunately—the head of the marijuana intercepted in the Tucson largest in the United States—second in Customs and Border Protection re- sector, it is not a secure border. When the world only to Mexico City. cently said that parts of Arizona were you have the violence—the incredible We can go on and on about the statis- like a ‘‘third country.’’ You know, in violence—that continues to rise on the tics. We have the highest rate of prop- some respects—in some respects—he other side of the border, you know it is erty crime among the 50 States in the may have been correct. Let me quote just a matter of time before it spills last year for which the FBI reported him. This is David Aguilar, the Acting onto our side of the border. the statistics in 2008. Our sheriffs and Deputy Commissioner of U.S. Customs Unfortunately, just south of the Ari- other law enforcement tell us that be- and Border Protection. He was quoted zona-Sonora border resides the most vi- tween 15 and 20 percent of the individ- in the Arizona Republic as saying: cious of all the drug cartels—the uals apprehended at the border have the border is not a fence or a line in the dirt Sinaloa cartel—headed by Juan ‘‘El criminal records or are wanted for but a broadly complex corridor. It is . . . a Chapo’’ Guzman, who walked out of a crimes in the United States. third country that joins Mexico and the Mexican prison a few years ago and, Phoenix is a primary originating United States. unfortunately, this cartel has cor- city, where drugs are brought from the A third country that joins Mexico rupted officials at very high levels. border and held in Phoenix and then and the United States is obviously not I report to my colleagues that the transported to other cities. We lead the as secure as the United States of Amer- people living in the southern part of Nation in marijuana seizures—50 per- ica. If my colleagues will look at this the State of Arizona do not feel secure. cent. Heroin is increasingly found in map here and see this area here, this is They see signs such as this one, which Arizona, and on and on and on. the sign that is posted as far away as 50 I mentioned; and they see the destruc- The statistics don’t lie, of course. miles from the Arizona-Mexico border. tion of our wildlife preserves; they see But the real tragedy is the human Danger. Public Warning. Travel Not Rec- the in-home invasions. And, yes, our tragedy—the fear that people have; ommended. Active Drug and Human Smug- Border Patrol and the men and women people who are fourth or fifth genera- gling Area. Visitors May Encounter Armed who are serving in it are doing a mag- tion ranch families in the area; people Criminals and Smuggling Vehicles Traveling nificent job. We are proud of the job in town, who are increasingly the sub- at High Rates of Speed. Stay Away From ject of break-ins and property crimes Trash, Clothing, Backpacks and Abandoned they are doing. But they do not have Vehicles. If You See Suspicious Activity, Do the assets in order to complete the job and the like. Not Confront. Move Away and Call 911. BLM of securing our border. But none of this even begins to talk Encourages Visitors to Use Public Lands Senator KYL and I have a 10-point about what happens when the people North of Interstate 8. plan that, if implemented, will do the who are smuggled into the country, are North of Interstate 8 is the area job. held in drop houses—generally in the north of this shaded area. In other Mr. KYL. Mr. President, the stories Phoenix area—for transport either words, visitors are encouraged not to we heard were human tragedies, and west to Los Angeles or anywhere east go south of the interstate, which is a statistics don’t tell the story ade- in the country. They are essentially huge part of the State of Arizona. That quately. Let me cite a few of the statis- victimized by the very people who is the posted sign put up by the Federal tics and then ask my colleague to re- smuggle them in and who demand ran- Government. count some of the heartrending stories som from their families in Mexico, El Then the Secretary of Homeland Se- that we heard from families in the Salvador, or Guatemala, or wherever curity says, ‘‘The border is secure as area. When we talk about that, he can they might have come from. And until ever.’’ If the border is as secure as ever, point to the extreme southeast corner they pay that ransom, they are brutal- then you have to draw the conclusion of the State of Arizona, where we were, ized and assaulted and become victims that it isn’t secure, because otherwise primarily, on Saturday, and where of crime themselves. And, of course, you wouldn’t have to be posting signs most of these folks live on ranches— they rarely report that crime. such as this 50 miles north of the bor- places that used to be very safe. Today, So the human tragedy here is the der, if the border was secure. Our whole these folks do not feel they can sleep at real story. But it is important for us to point is that we need to get the border night or move around without carrying at least cite the statistics and show secure. We don’t see the necessity in weapons. They need to travel in pairs. our colleagues the signs that the U.S. the United States of America placing a This is the area in which an extraor- Government itself feels constrained to sign such as that. dinarily difficult tragedy occurred post in order to warn people to stay out If we are doing fine on border secu- when a long-time resident of the area of an area which encompasses probably rity, why would it be necessary to put was slain, it is believed by one of the about 20 percent of the State of Ari- up a sign such as that all the way up to drug cartels or other smugglers who zona. the interstate? frequent the area. Mr. MCCAIN. And may I also make Here is another sign from our Park The human tragedy is the real heart the comment that my colleague from Service in the Coronado National For- of this, but let me cite some statistics, Arizona points to about the terrible est. This is in our national forest, from because when the Secretary of Home- and unspeakable treatment that is in- the Park Service. land Security says we are secure as we flicted upon these individuals who are Smuggling and/or Illegal Entry Is Common have ever been, I think these statistics brought in by human smugglers. Al- in This Area Due to the Proximity of the would at least belie part of that claim. most all are brought up by human International Border. About 50 percent of all illegal immi- smugglers. Where are the human rights If we had a secure border, why would grants enter through Arizona. In fact, advocates and activists? Shouldn’t we have to put up signs such as that? If they enter through essentially the they be standing up and saying: You we had made such great progress at eastern one-third of that particular have to have a secure border so that that time the Secretary of Homeland map. The number of illegal immigrants these unspeakable indignities—the

VerDate Mar 15 2010 04:36 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.022 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5229 rape and ransom and all these things— the border, but we had to have ‘‘com- ment. So have the Department of Inte- will be stopped? prehensive immigration reform.’’ This rior and other agencies. Secondly, I want to point out very is the difference between our position The point is, we are trying to tell our quickly to my colleagues that in recent and that of the President. We say se- colleagues it is not secure. We can se- years, 80 percent of the wildfires in our cure the border, have the Governors of cure it. Our citizens deserve that. Coronado National Forest have been the border States certify it is secure, But the second point we want to human caused—75 percent of those are and then we can certainly move on. make as forcefully as possible is: Let’s attributed to undocumented aliens who But the American people have to have get this border secure, which we can fail to properly extinguish fires started the assurance that we are not going to do, and then we can move forward with to signal for rides, cook food, or dry revisit this issue time after time. comprehensive immigration reform clothing. The Coronado National For- Every nation has the obligation to se- and work together with our colleagues est now has to send armed officers to cure its borders. on the other side of the aisle. But for clear wildland fire areas and to provide Mr. KYL. Mr. President, when Sen- us to go back to our constituents and security for firefighters. The Forest ator MCCAIN and I asked the acting to the American people, and say: Hey, Service has reported accounts of armed head of the Border Patrol in the area we moved forward with this legislation, smugglers walking through the middle where we were on Saturday, what do yet we still are having to put up signs of active firefighting operations. And you need, he basically said, ‘‘More of such as this, that people should avoid now, in its fourth week today, as we everything.’’ He talked about the need being in an active drug and human speak, the human-caused Horseshoe for 800 more Border Patrol agents. He smuggling area, in the United States of fire is burning in the Chiricahua Moun- talked about the need for more surveil- America, is not a convincing argument tains in the Coronado National Forest, lance—something Senator MCCAIN has that they are ‘‘as secure’’ as ever. 5 miles from the town of Portal, AZ. It talked about a lot, surveillance to Mr. KYL. Mr. President, might I in- is the site of very heavy drug traf- cover a very big area where you are quire how much time remains on our ficking and border-crossing activity. probably never going to have enough side? With the few minutes we have re- personnel even if we bring in National The PRESIDING OFFICER. There re- maining, I want to engage Senator KYL Guard troops. He welcomed the Na- mains 6 minutes 18 seconds. in a conversation about what we need tional Guard troops to the area. He Mr. KYL. That is the time remaining to do and why we need to secure the said we are going to have to have con- on our side. border first. There has been a lot of sequences for people crossing. I talked The PRESIDING OFFICER. That is publicity in the last 24 hours about a to him about Operation Streamline. In correct. conversation that Senator KYL had the Yuma sector of the border, which is Mr. KYL. Mr. President, what I wish with the President of the United on the western part of the Arizona bor- to do is take about 3 more minutes and States. I was not there, but I was there der, the Yuma sector is very close to then my colleague can close. a few weeks ago when the President of being operationally clear of illegal im- As he said, if you need a different the United States came and had lunch migration issues because they have kind of reason to want to secure the with Republican Senators and gave a enough agents, they have enough fenc- border, then look at what is happening list of the issues that he was concerned ing. By the way, he talked about the to our environment. I know the Pre- about, with immigration being one of need to repair and replace a lot of the siding Officer—and his father before the items he mentioned. So Senator fencing in his sector. But they also him—is keen on protecting the great KYL and I responded to the President of have a policy that, instead of catch and national treasures of our country, our the United States. release, where the people are simply environment. Coming from adjoining It was made very clear to me in the put on a bus and sent back to Mexico, States, we share a lot of the same kind conversation we had—and I am sure they actually are prosecuted and have of country. The area in the extreme our 39 other colleagues who were there to spend at least 2 weeks in jail. southwestern part of his State and the will recall—that the President basi- That is a huge deterrent. Because if extreme southeastern part of our State cally conditioned his support for border you are a criminal, obviously you don’t is known for some of the best birding security to overall comprehensive im- want to be caught and go to jail, and if in the world. The part of northern Mex- migration reform. We went back and you are here to work and send money ico that borders our States provides a forth. I tried to explain to the Presi- back to your family, you are obviously sanctuary for birds that are not found dent that we gave amnesty back in the not doing that if you spend time in jail. anywhere else in the world. This fire 1980s. Somewhere around 3 million ille- He said there have to be consequences. my colleague mentioned is burning gal immigrants were given amnesty, We believe the expenditure of some- right up to the creek which is one of but the promise was that we would se- where between $1 billion and $3 billion the watersheds that represents the cure the border. Obviously, we didn’t over the next couple of years could pro- prime area for these birds to exist. secure the border and we now have 12 vide adequate resources—this is our 10- Their habitat will be destroyed if we million people in the country. As Sen- point plan—adequate personnel, the continue to have fires set by illegal im- ator KYL mentioned, there are some fencing that is required, the surveil- migrants in the area that destroy the hundreds of thousands in the State of lance, the technology, and also the habitat. Arizona illegally. extra prosecutors, courtroom, and de- If you look at the environment of the So our point is that even if we went tention spaces that would be necessary area from the air, you see that there through comprehensive immigration to provide the deterrent or the con- are thousands, if not hundreds of thou- reform, if we don’t have a secure bor- sequences, as he put it. There is no sands, of paths that are worn in parts der, then some time from now we will doubt the border can be secured. What of the desert that are basically off lim- have another group of illegal immi- we need is the will to do it. its to American citizens and even to grants we will have to address, and so Mr. MCCAIN. What Senator KYL and our law enforcement officials, but the the issue argues for getting the border I are trying to report to our colleagues smugglers use these trails and they de- secured first. It can be done in 1 or 2 is, No. 1, the border is not secure. The posit their trash. Everybody knows years. It isn’t that expensive, when you border is not secure. No. 2, it can be se- that once you have cut the desert, it look at the costs of a wildfire and all of cure. How could someone claim our takes hundreds—hundreds—of years for the things, drugs and everything else border is more secure than ever if the that desert to respond. That is just one associated with it, not to mention a Federal Government has to put up that reason. violation of human rights. kind of warning to American citizens Obviously the human tragedy is the There is a big stir about the con- on American soil? If nothing would one that is of most concern. If my col- versation the President and Senator convince my colleagues that we need to leagues would hear this one plaintive KYL had. It was clear to me in the con- do a lot more, it is the actions of the cry, we were told on numerous occa- versation, in front of 39 Republican Federal Government. That is not a pri- sions on Saturday: Please, go back to Senators, that the President of the vate landowner who put up that sign. Washington and tell your colleagues United States said yes, he would secure That is the Bureau of Land Manage- what it is like. Tell them how we are

VerDate Mar 15 2010 23:52 Jun 22, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.023 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5230 CONGRESSIONAL RECORD — SENATE June 22, 2010 suffering. Tell them what we have to program called Hopelink in Wash- My dad served in World War II and go through just to live here. Can’t our ington State that gave her the support was among the first soldiers to land on Government at least provide basic pro- she needed to get back on her feet. Okinawa. He came home as a disabled tection from crime? These are mem- Natalie is now back in stable hous- veteran and was awarded the Purple bers of the family of Robert Krantz, ing, taking care of her children, and Heart. who was brutally gunned down, and fel- advancing in her nursing career—and Like many soldiers of his generation, low ranchers in the area and other citi- she is here in Washington, DC, today to my father didn’t talk about his experi- zens who live in the small communities help make sure no other family has to ences during the war. In fact, we only there. They believe their government face the challenges she overcame so really learned about them by reading has abandoned them. They look right bravely. his journals after he passed away. into our eyes and say: What are you Unfortunately, not every family gets And I think that experience offers a going to do about it? the support that Natalie’s did. larger lesson about veterans in general. The best we can do is to tell you the Homeless women veterans and home- They are reluctant to call attention to fear they have, the suffering they have less veterans with children are two ter- their service, and they are reluctant to gone through, the difficulty they have ribly vulnerable groups that are grow- ask for help. ing by the day. continuing to live in an area, as I said, That is why we have to publicly rec- Back in my home State of Wash- in which some of their families have ognize their sacrifices and contribu- ington, veterans service organizations tions. lived for four and five generations, to and homeless providers have told me It is up to us to make sure that they pass that message on to my colleagues they are seeing more homeless vet- get the recognition they have earned. and say: OK, if it is the environment erans coming for help than ever before. you care about, there is a reason to be And, unfortunately, more and more And it is up to us to guarantee that there; if it is crime, there is a huge rea- of these veterans are women, have they get the services and support they son to be there; if it is the cost to the young children, or both. deserve. Federal and State government, we need In fact, female veterans are between This bill passed through the Senate to get hold of this problem. But if you two and four times as likely to be Veterans Affairs Committee with just care about the people who are homeless than their civilian counter- strong bipartisan support, and that is there, we have an obligation as their part and they have unique needs and how it should be, because supporting representatives to assure their protec- often require specialized services. our veterans shouldn’t be about poli- tion, and that is the message we are That is why I introduced the Home- tics—it should be about what kind of coming to the floor today to convey to less Women Veterans and Homeless country we want the United States to our colleagues. Please listen, if not to Veterans with Children Act with Sen- be and about what our priorities are as us, to our constituents, and remember ator JACK REED and Senator TIM JOHN- a nation. we all work for all of the people of the SON. In his second inaugural address in United States of America. We are all This legislation would take three big 1865, President Lincoln said our Nation Senators. So every one of us here has steps forward toward tackling the seri- had an obligation to ‘‘care for him who an obligation to the folks—yes, in your ous problems facing this vulnerable shall have borne the battle and for his State but also to the folks in our group. widow, and his orphan.’’ State—to at least provide them the First of all, it would make more Now, in 2010, I believe we not only basic protection and give them a sense front-line homeless service providers need to care for him—we need to care that they do not live in a Third World eligible to receive special needs grants. for her and for his and her families and country between the United States and This would help organizations in for every man and woman coming Mexico; that they are American citi- Washington State and across the coun- home after serving our country so zens deserving of the protection of the try help support families like Natalie’s. bravely. U.S. Government. It would also expand special needs That is why I am proud to stand here Mr. MCCAIN. Mr. President, there is grants to cover homeless male veterans today for Natalie, her children, and no way I can elaborate on that very with children, as well as the depend- families just like hers across the coun- strong statement, so I yield the re- ents of homeless veterans themselves. try—to urge my colleagues to support And it would extend the Department mainder of our time. S. 1237, the Homeless Veterans and The PRESIDING OFFICER. The Sen- of Labor’s Homeless Veterans Re- Other Veterans Health Care Authori- integration Program to provide work- ator from Washington is recognized. ties Act of 2010. force training, job counseling, child f I hope we can pass this expeditiously care services and placement services to off the floor and get these services out HOMELESS WOMEN VETERANS homeless women veterans and home- to the men and women who have served AND HOMELESS VETERANS WITH less veterans with children. us all so well. It is so important that we not just CHILDREN ACT I yield the floor, and I suggest the ab- provide immediate support—but that Mrs. MURRAY. Mr. President, I rise sence of a quorum. we also make sure our veterans have today in support of S. 1237, the Home- The PRESIDING OFFICER. The the resources and support they need to less Veterans and Other Veterans clerk will call the roll. get back on their feet. Health Care Authorities Act of 2010. In addition to helping homeless vet- The bill clerk proceeded to call the I just had the opportunity to meet erans, S. 1237 also includes a number of roll. with an amazing woman named Natalie other provisions aimed at supporting Ms. MIKULSKI. Mr. President, I ask and her two children who are actually our nation’s heroes. unanimous consent that the order for here in Washington right now. It extends eligibility to health care the quorum call be rescinded. Natalie is currently living in for certain veterans with disabilities The PRESIDING OFFICER. Without Issaquah in my home State of Wash- who served in the Persian Gulf war. objection, it is so ordered. ington—but she has been through some It would establish a medical center Ms. MIKULSKI. I ask unanimous tough times over the past few years. report card to allow veterans and their consent to speak as in morning busi- She is a Navy veteran and a single families access to transparent perform- ness. mom. But she became homeless in 2007 ance comparisons between VA facili- The PRESIDING OFFICER. The Sen- when she couldn’t find work and had to ties and between VA and non-VA sites. ate is in morning business. move out of the house she was staying And it would direct the VA to enable f in. State veterans’ homes to admit parents METRO SAFETY Like most moms, Natalie wanted who had a child die while serving in the nothing more than to provide her two Armed Forces. Ms. MIKULSKI. What morning busi- children with the stable and loving This is a very personal issue for me. ness this is. For those of us in the Na- home every family deserves—so she Growing up, I saw firsthand the many tional Capital region, this is indeed a fought to secure transitional housing, ways military service can affect both very solemn day. One year ago today, and she was very fortunate to find a veterans and their families. nine people died on Washington’s

VerDate Mar 15 2010 23:52 Jun 22, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.024 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5231 Metro. We were shocked and horrified We have safety standards for com- it. Well, the Banking Committee needs when a red line Metro train struck an- mercial airplanes. We have safety to pass it, and the Banking Committee other train. Eight passengers were standards for buses that carry pas- needs to pass it before the July 4 work killed, including one Marylander from sengers. But we do not have safety break. Hyattsville. A train operator also died, standards for railcars that are used in I know the Banking Committee has a and over 50 passengers were injured. subways. I think that is wrong. lot on their plate. I know they are try- Those men and women died not as a What we also found was that safety ing to regulate Wall Street. Good for result of a terrorist attack or of sabo- inspectors that are part of a unique them. Three cheers for them. We want tage, these deaths happened because of governing system were denied access to that. But while we are making sure Metro. It was a failure of management, the Metro tracks. That is when we said people do not lose their money on Wall it was a failure of technology, and it we needed to find out what was going Street, we have to make sure they do was a failure of the culture of safety at on. I called for a Federal audit of not lose their lives on Metro. So I ask Metro. Metro, a Federal investigation of just our friends on the Banking Committee, Today our hearts go out to those what was going on there. could we kind of get this done this families, those who lost loved ones and Thanks to Secretary LaHood and week, next week, before the July 4 those who bear the permanent injuries FTA leader Peter Rogoff, well known break? of that fateful day. Since that day to those of us in the Senate, they did The bill does three things: It gives there have been 4 more deaths at an outstanding audit which was indeed the Secretary of Transportation the Metro. This brings the total to 13 an outstanding service for us all. Their authority to establish and enforce safe- deaths in the last year. Let me repeat findings were shocking, hair-raising, ty standards, including those standards that—13 people died by Metro in the and chilling. What did we find out? for railcars and making sure there is last 12 months. Supervisors and train operators did an employee safety certification train- After that June 22 crash 1 year ago, not exactly know where Metro workers ing program; it also requires oversight four Metro employees died on the job. might be doing maintenance on the of the agencies monitoring safety to be One last August was a track repairman tracks until they actually saw them. independent; it funds federally ap- from Silver Spring who was hit by Can you imagine? People driving the proved State oversight agencies to maintenance equipment. In September, train had to see with their own eyes make sure they have the rules of the another employee died. A communica- their workers to make sure they did road and the resources to do it because tions technician was hit by a train. In not hit them. we regulate so much of this at the January, two more Metro employees There was no technological warning State level. died. They were automatic train con- system. Operators weren’t given the I am pretty worked up about this. I trol technicians when they, too, were exact location of workers on the hope we move the bill. I hope we move struck by a maintenance truck. tracks. Information was generalized Well, in December, I said enough is it before the break. and workers were often in different lo- enough. We always say a grateful na- I suggest the absence of a quorum. cations than what operators were told. tion will never forget after a terrible The PRESIDING OFFICER. The So the Metro itself was a lethal tool. accident and we go to a memorial serv- clerk will call the roll. Metro did not have the manpower to ice. Well, for me what happened at The bill clerk proceeded to call the implement its own safety programs. It Metro was not a memorial service, it roll. was a call to service and for action by did not have a list of the top ten safety Mr. LEMIEUX. I ask unanimous con- us. The best way we can honor the hazards and concerns. The list goes on sent that the order for the quorum call memory of those who died and those and on about the audit. be rescinded. I held a very vigorous oversight hear- who were injured is to reform Metro. The PRESIDING OFFICER. Without I have called for that reform. In De- ing, both Senator CARDIN and myself. objection, it is so ordered. cember during my testimony on rail We pushed Metro to come up with a Mr. LEMIEUX. I ask unanimous con- safety legislation I introduced, I spoke checklist for change. We insisted that sent to speak until the Senate goes out and said it was time for change at they come up with this checklist. I de- into recess at 12:30. Metro. They needed new leadership. manded that they give it to us right The PRESIDING OFFICER. Without They needed a fresh approach. They then and there. objection, it is so ordered. needed to adopt a culture of safety that They told me they were going to be f working on it, and I said: Look, tell me was unrelenting in terms of their focus OILSPILL RESPONSE on the details to protect the people what you are going to do. Well, listen who work on the Metro and the people to how ground shaking it was: Replace Mr. LEMIEUX. Mr. President, I come who ride the Metro. the oldest railcars on the fleet, develop to the floor, as I did yesterday and last I was shocked to learn there are no a realtime automatic train control re- week, to talk about the economic and Federal safety standards for any dundancy system, strengthen the ex- environmental disaster in the Gulf of Metro. So whether we are talking pertise of the safety department, com- Mexico and the lack of response by this about the National Capital region plete the roadway worker protection government in dealing with the dis- Metro or New York’s subway system or program, develop a training and cer- aster. Everything that can be done California’s subway system, there are tification program for bus and rail per- should be done to stop this oil from no Federal safety standards. sonnel, strengthen employee knowl- coming on our beaches, from going into That is why I worked with NTSB and edge of rules and rules compliance, de- our coastal waterways, and from dam- the Federal Transit Administration to velop an accident and investigation aging our way of life on the gulf coast. develop legislation that would do two database, create a strong internal I specifically come to talk about things: give our own U.S. Department training tracking database, fill vacan- what is happening to Florida. For the of Transportation the authority to es- cies in the safety department, and im- last week, I have been making state- tablish and enforce Federal safety prove the agency’s safety culture. ments and questioning why there are standards so we would have uni- Imagine, it took a Senator holding a not more skimmers off the coast of formity, conformity, and metrics for public hearing to get a must-do list on Florida. I have been asking for more measuring safety on the Metro that we the safety list for change. This is unac- skimmers to be sent to the Gulf of help fund. It also would require the ceptable. We have to make sure we Mexico for many weeks. U.S. Department of Transportation to have Federal legislation. We need to do A week ago today, I met with the implement the National Transpor- two things: We need to have Federal President, ADM Thad Allen, and other tation Safety Board’s recommendation legislation, and we need to have Fed- State and local officials in Pensacola list which includes requiring that rail- eral funding. to address many issues concerning the cars have crashworthy standards, I want to make sure we save lives on response to the oilspill. At that time, emergency entry and evacuation stand- the Metro. This is why I introduced we were told there were 32 skimmers ards, and regulations for train operator safety reform legislation. I understand off the coast of Florida. Today, we are shifts. the Banking Committee is considering told there are 20. It makes no sense

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VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.010 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE Insert offset folio 28/2 here ES22JN10.002 June 22, 2010 CONGRESSIONAL RECORD — SENATE S5235 Mr. LEMIEUX. The first of these, the plane. That is how they were trans- Let’s talk about foreign offers of as- Deepwater Horizon response from Mon- ported to the gulf. They are welcome. sistance. There was a State Depart- day, June 21, says there are 20 skim- We are happy they are there. There are ment report last week: 17 countries mers off the coast of Florida. The sec- 6 on the way and 29 skimmers total. have made 21 offers of assistance. The ond, from the National Incident Com- There are another 35 skimmers they Associated Press reported that they mand, says there are 108 off the coast would like to bring down, but they are had not been responded to or had been of Florida. Last week, we had this under a category called legally con- declined. We have more current infor- same discrepancy between these two strained. What does that mean? That mation than that. The State Depart- reports. We questioned the Coast means that for some reason, the law is ment reports about 56 offers of assist- Guard. The Coast Guard told us the in- prohibiting the Navy and the Coast ance from 28 countries and inter- formation contained in the national in- Guard from getting these skimmers national groups. Of the 56 offers of as- cident report was not, in fact, correct. here. Why hasn’t this been waived? sistance, 5 have been accepted. That in- We can’t get a straight answer as to Why hasn’t the President signed an Ex- cludes booms—people could use the how many skimmers are currently off ecutive order? Where is the sense of ur- Internet to send a message about navi- the coast of Florida, but it appears gency 62 days into this to get these from the most reliable information— gation in the gulf—and skimmers or skimmers to the gulf coast? We are skimmer equipment. BP has accepted and I am still waiting for a straight an- going to look into what Federal law swer—that there are only 20. One per- three offers of assistance, including may be prohibiting and legally con- cent of the skimmers of the United booms and skimmers. Two offers are straining the Navy and the Coast States are off the coast of Florida, with categorized as ‘‘unknown’’ or ‘‘de- Guard from getting the skimmers. I the worst economic and environmental clined.’’ Forty-six offers are currently will offer legislation, if need be, to catastrophe looming off our shores. under consideration, 62 days into this Huge swathes of water are washing up waive that. I have already offered leg- incident. Where is the urgency? Where tar balls all the way from Pensacola islation to waive the Jones Act, which is the alacrity of the response to get Beach, now to Panama City, FL. has been cited as a prohibition or per- this done and get these skimmers in We received a briefing this morning haps an obstacle to bringing in skim- the gulf? mers from foreign countries. from the Navy and the Coast Guard. I I have a document, ‘‘U.S. Department thank Secretary Mabus of the Navy, Let’s talk about that issue. We know there are 2,000 skimmers in the United of State Chart on Deepwater Horizon who provided RADM John Haley as Oil Spill Response: International Offers well as a captain from the Coast Guard States. Yet only 20 are off the coast of of Assistance from Governments and and other folks from the Navy to brief Florida, if that is the correct informa- International Bodies,’’ dated June 18, me on the status of what skimmers the tion. We know the Navy wants to bring 2010. I ask unanimous consent that it Navy has and what they are doing in an additional 35 skimmers, but they the gulf. We found out there are 23 are legally constrained and we have be printed in the RECORD. naval skimmers, relatively small skim- not yet undone that or secured those There being no objection, the mate- mers that can fit on the back of a skimmers, some 62 days after the oil rial was ordered to be printed in the truck or be put on a train or in an air- started flowing. RECORD, as follows:

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VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.011 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE Insert offset folio 32/4 here ES22JN10.006 S5240 CONGRESSIONAL RECORD — SENATE June 22, 2010 Mr. LEMIEUX. This document goes She said: It has been very harrowing 15.3-percent self-employment tax to the through the various offers of assistance for us. distributions of certain subchapter S and what is the current status of the I asked her: Are people coming out? corporations. Those are the small busi- response. So if we go to the European She said: People from north Florida ness corporations. This self-employ- Maritime Safety Agency, skimmers, are coming to the beach. These are peo- ment tax would apply when 80 percent under consideration. May 13 is the date ple who haven’t been to the beach in a of the gross income of the small busi- of the offer. As of last Friday, no re- long time. ness is attributable to three or fewer sponse. Republic of Korea, skimmers, I said: Why are they coming? professionals in a professional services under consideration. May 2, the offer is She said: They are coming to see the corporation. We are talking about the made. As of last Friday, no response. beach one last time, as if they were smallest of the small businesses. Sweden, April 30, skimmers; more going to visit a friend who was on his This is a $9.1 billion hit on a small skimmers offered on June 15. Under or her deathbed. They don’t believe the subset of small businesses engaged in a consideration. No response. United beach will ever look the way they re- service trade. I wonder, the next time Arab Emirates, skimmers, under con- member it looking. an offset is needed, will the Senate go sideration, offer made May 10. No re- Why we are not deploying every after all the small businesses, changing sponse. Why are we not welcoming all available national asset, military the Tax Code this same way? of these offers of assistance to bring asset, and accepting every offer of as- My colleagues on the other side of these skimmers and put them in the sistance from foreign countries is be- the aisle call this a ‘‘loophole closer’’ Gulf of Mexico to suck up the oil? yond belief, and it is not acceptable. I or an ‘‘anti-fraud provision.’’ I assure I wish to show an example of an offer will continue to meet with the Coast my colleagues this is neither. These of assistance made to the United Guard and the Navy. When I see the words are convenient labels my col- States. The ship here is from a Dutch President tomorrow at the White leagues use to defend tax-and-spend company called Dockwise. The name of House, I will raise this issue with him. policies. The small business corpora- this vessel is the Swan. Unlike some of I will do everything I can to keep clam- tion provision is, however, a massive the skimmers being used and deployed oring for this. It is not acceptable that tax increase on small business. by the Navy, which can be put on a in this, the greatest country in the This new payroll tax on nonwage in- train car or flown on an airplane to the world, our response would be this ane- come would hurt the ability of small location—and although very welcome mic. businesses to reinvest and to create are relatively small—this is a massive I yield the floor. jobs. At nearly 10 percent unemploy- ship that could take in 20,000 tons of oil ment, I don’t think the Federal Gov- f or an oil-water mixture off of the ernment is in any position to pursue water. They rig the ship with skim- RECESS job-killing tax increases. Small busi- ming equipment that hangs off the The PRESIDING OFFICER. Under nesses are the lifeblood of our econ- sides. the previous order, the Senate stands omy. It is imperative that we nurture So on May 7, Dockwise offered the in recess until the hour of 2:15 p.m. their growth, not hinder it, so they can to the United States. The offer Swan Thereupon, at 12:28 p.m., the Senate create jobs and get our economy back went under consideration. After 48 recessed until 2:15 p.m. and reassem- on track. days, the offer for this massive ship bled when called to order by the Pre- None of us is in favor of fraud, but with 20,000 tons of skimming capacity siding Officer (Mr. BEGICH). that is not really what we are talking is still under consideration. But the The PRESIDING OFFICER. The Sen- about. ship is not available anymore because ator from Wyoming. If the IRS wants to improve compli- Dockwise now has employed the ship Mr. ENZI. Mr. President, I ask unani- ance with the self-employment tax, for other purposes because the U.S. mous consent to speak as in morning they have the right tools. They just Government, from all the information business. need to use them. For example, the IRS we have, never got back to them. Here The PRESIDING OFFICER. Without Revenue Ruling 74–44 that specifically is a Dutch company offering us a mas- objection, it is so ordered. addresses the tax treatment of divi- sive ship to skim 20,000 tons of oil and dends in lieu of compensation gives water off the top of the Gulf of Mexico, f them all they need. and the U.S. Government doesn’t re- MORNING BUSINESS I ask unanimous consent to have the turn the phone call. They never hear IRS revenue ruling printed in the Mr. ENZI. Mr. President, I ask unani- whether we want the ship. People in- RECORD following my statement. volved with the situation believe the mous consent that the Senate proceed The PRESIDING OFFICER. Without Swan was rejected due to Jones Act to a period of morning business until 5 objection, it is so ordered. considerations and that a similar ves- p.m. with the time equally divided be- (See exhibit 1.) sel, the SEAcorp vessel named the tween the two leaders or their des- Mr. ENZI. I also have pages and Washington, was chosen instead. The ignees, with Senators permitted to pages of case law of which the IRS has Washington is an American flag vessel. speak for up to 10 minutes each. successfully litigated the issue of divi- Its capacity is 1,000 tons, one-twentieth The PRESIDING OFFICER. Without dends in lieu of compensation and the the capacity of the Swan. I am for objection, it is so ordered. applicability of employment taxes. America first, but why aren’t we using The Senator from Wyoming. Plus, Congress has codified the eco- both of them? There is plenty of oil to f nomic substance doctrine which says a skim up. Use the American vessel, but transaction must have an economic SELF-EMPLOYMENT TAX don’t fail to respond to the Dutch com- purpose aside from the reduction of tax pany that has this massive ship that Mr. ENZI. Mr. President, the Reid- liability in order to be considered has a 20,000-ton skimming capacity. Baucus tax extenders bill before the valid. In my opinion, this is the IRS’s Why would we not employ both? Senate includes several provisions ace-in-the-hole card. The IRS can close I could not be more frustrated with that, to my knowledge, have never any loophole—real or imagined—with the lack of response. I could not be been vetted by congressional tax writ- the power of the new law. more frustrated with the lack of a ers either in the Senate Finance Com- Why can’t the IRS do its job with the sense of urgency from this administra- mittee or in the House Ways and Means volumes of legislative regulatory and tion in getting this job done. Committee. As an accountant with judicial tools it already has? For exam- The people of the State of Florida are practical expertise in tax matters, this ple, the IRS revenue ruling could be scared to death about the oilspill. disturbs me greatly. It should also dis- codified somehow, but then it wouldn’t When I was in Pensacola last week, I turb the small business owners because provide an offset for new programs, met a woman who works at the pier on there is a provision in this bill that would it? Nor would it permit my col- Pensacola Beach. I asked her how would slap them in the face with a 15- leagues across the aisle to reduce the things were going. She serves food at percent tax increase. I am talking tax on venture capitalists for their car- the pier. about the provision that would apply a ried interest. I don’t like the carried

VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.028 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5241 interest provision, but to soften the aren’t as able to defend themselves ‘‘dividends’’ of 100x dollars, which is the impact of that policy on the backs of when the tax man cometh, and in the amount they would have otherwise received small businesses is just plain wrong. end it results in a new tax that robs as reasonable compensation for services per- formed. Even the Government Accountability David to pay Goliath. Sections 3121(a) and 3306(b) of the Federal Office agrees the IRS should be doing The outrageousness of this new tax Insurance Contributions Act and the Federal more with what it has to crack down led me and my colleague, Senator Unemployment Tax Act, respectively, define on fraud. In a 2009 report, the GAO SNOWE from Maine, to file an amend- the term ‘‘wages,’’ with certain specific ex- stated: ‘‘IRS efforts to enforce the ment that would strike the S corpora- ceptions not material here, as ‘‘all remu- rules on paying adequate wage com- tion payroll tax from the underlying neration for employment.’’ Section 3401(a) of pensation to small business share- tax extenders bill. the Code, relating to the withholding of in- come tax, contains a similar definition. holders have been limited,’’ and the If my colleagues across the aisle seri- In the instant case, the ‘‘dividends’’ paid to IRS provides only ‘‘limited guidance in ously believe that noncompliance with the shareholders in 1972 were in lieu of rea- determining adequate compensation’’ the self-employment tax among S cor- sonable compensation for their services. Ac- guidelines for taxpayers. porations is a problem, then the best, cordingly, the 100x dollars paid to each of the A 2002 report by the Treasury’s in- most workable solution is to codify the shareholders was reasonable compensation spector general found that ‘‘IRS agents ‘‘reasonable compensation’’ standard for services performed by him, rather than a did not always address officer com- into law. This S corporation ‘‘attribu- distribution of the corporation’s earnings and profits. Such compensation was ‘‘wages’’ pensation, even when little or no com- tion of gross income’’ basis isn’t work- and liability was incurred for the taxes im- pensation was paid.’’ able. If you don’t believe me, again, I posed by the Federal Insurance Contribu- Clearly, the IRS isn’t doing its job. refer you to the experts. tions Act, the Federal Unemployment Tax That is the loophole. The IRS can and I have a letter I wish to submit for Act, and the Collection of Income Tax at should do more with what they already the RECORD. It is a letter from the Source on Wages. have. AICPA, the American Institute of Cer- EXHIBIT 2 As a former accountant, I find this tified Public Accountants. In the letter small business corporation payroll tax they say: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS, totally unworkable. For example, the We are concerned that there may be tax would apply when 80 percent or Washington, DC, June 14, 2010. unintended consequences that have not Hon. MAX BAUCUS, more of gross income of the S corpora- been fully aired and discussed. Accord- Chairman, Senate Committee on Finance, tion is attributable to three or fewer ingly, we strongly support the amend- Washington, DC. shareholders in the S corporation. How ment being offered by Senators Snowe Hon. CHARLES GRASSLEY, are taxpayers supposed to track the at- and Enzi which would strike Section Ranking Member, Senate Committee on Fi- nance, Washington, DC. tribution of gross income? Let me give 413. an example. AMENDMENT TO H.R. 4213, SECTION 413—EM- My friend, the senior Senator from I ask unanimous consent this letter PLOYMENT TAX TREATMENT OF PROFES- Massachusetts, has introduced S. 144 be printed in the RECORD at the end of SIONAL SERVICE BUSINESSES—S. AMEND- that would exempt cell phones from my statement. MENT 4342 the recordkeeping requirements under The PRESIDING OFFICER. Without DEAR CHAIRMAN BAUCUS AND RANKING MEM- objection, it is so ordered. BER GRASSLEY: The American Institute of the listed property rules. Why? Because Certified Public Accountants (AICPA) op- the paperwork burden is too costly and (See exhibit 2.) Mr. ENZI. Again, this seemingly poses Section 413 of the American Jobs and time consuming for business. I think it small provision in the tax extenders Closing Tax Loopholes Act of 2010 which we is a good bill, and I am proud to be a believe threatens to result in a significant bill would have a $9 billion impact, and cosponsor. In fact, the bill has 72 co- increase in taxes and complexity for S cor- that is just on a subset of S corpora- sponsors. That is a supermajority of porations and their shareholders, and for cer- tions, these small businesses. the Senate who agree it is a good bill. tain limited partners. Section 413 represents This payroll tax provision ought to a major change in longstanding tax policy But if a supermajority of the Senate be stripped and sent back to the tax- that has never been the subject of public agrees the bookkeeping burden of par- writing committees where it can be ad- hearings, thus, we are concerned that there celling out an itemized cell phone bill dressed in the proper fashion. I strong- may be unintended consequences that have between business and personal use is not been fully aired and discussed. Accord- ly urge my colleagues to support the too onerous, why would we think that ingly, we strongly support the amendment Snowe-Enzi amendment in our efforts itemizing the source of gross income being offered by Senators SNOWE and ENZI, S. to remove this misguided, outrageous across shareholders and employees in Amendment 4342, which would strike Section new tax. I think there is support on an S corporation would be any easier? 413. The proposed Section 413: Fails to take into account a fair and reasonable return on This new payroll tax on small busi- both sides of the aisle for doing that. I thank the Chair and yield the floor. the human and investment capital of the ness was written without any input owners; may reduce Social Security benefits EXHIBIT 1 from the tax-writing committees, and for early retirees; may create unintended it shows. Although I am sure it was un- [From taxanalysts] consequences to qualified and non-qualified intended, this new law has the poten- FEDERAL RESEARCH LIBRARY: IRS REVENUE retirement plans of owners that would now tial to reduce Social Security benefits. RULINGS have both wages and self-employment in- Since the new payroll tax would reclas- (Rev. Rul. 74–44; 1974–1 C.B. 287) come; and ignores the fact that the IRS cur- rently has the appropriate enforcement tools REV. RUL. 74–44 sify income from certain small busi- it needs to re-characterize the distributions nesses as wage income, it could trigger Advice has been requested whether, under of S corporations as salary subject to em- the earnings test for folks receiving the circumstances described below, an elect- ployment taxes under FICA. early retirement benefits from Social ing small business corporation incurred li- The AICPA would like to work with Con- Security. ability for the taxes imposed by the Federal gress and the IRS to address the best way to Insurance Contributions Act, Federal Unem- Even Senator BAUCUS admitted the collect S corporation shareholders’ and part- payroll tax provision needs ‘‘modifica- ployment Tax Act, and the Collection of In- ners’ fair share of employment/self-employ- come Tax at Source on Wages (chapters 21, ment taxes. Such a provision should not be tions.’’ I remember it well because he 23, and 24, respectively, subtitle C, Internal rushed through the legislative process with- made this statement during a Treasury Revenue Code of 1954). out due process and deliberation. Thank you hearing a few weeks ago when I raised The corporation is a small business cor- very much for taking time to consider our this issue as an onerous tax increase. poration with two shareholders, that has serious concerns and suggestions regarding Not only is this a job-killing tax, but elected, pursuant to section 1371(a) of the Section 413 of this Act, and the much needed the manner in which it was concocted Code, not to be subject to corporate income Snowe-Enzi amendment. If we can be of as- is appalling. The original tax extenders tax, but to have all its income taxed directly sistance, please contact Peter Kravitz, bill raised the taxes on Wall Street to its shareholders. AICPA Director of Congressional & Political In 1972, the shareholders performed serv- Affairs or Edward S. Karl, AICPA Vice Presi- bankers, but when their lobbyists ices for the corporation. However, to avoid dent—Taxation. howled, lawmakers went looking some- the payment of Federal employment taxes, Sincerely, place else—small businesses—for the they drew no salary from the corporation ALAN R. EINHORN, revenue they needed. Small businesses but arranged for the corporation to pay them Chair, Tax Executive Committee.

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Thou- today to share an incredible story there, died in that storm. sands of rockets and mortars have been about a community working together Of course, Montana is a State where fired from Gaza into Israel over the in the aftermath of a powerful storm in agriculture is not just the top indus- last decade. Billings, MT. try, it is the livelihood of thousands of Just last week, Israel has shown The storm that occurred on Father’s families. Weather takes its toll on signs of compromise, announcing its Day spawned at least one tornado that crops and soil and irrigation. But over intention to ease the blockade and touched down in Billings Heights, the past week, we have seen unusual allow more civilian goods and humani- blowing apart several businesses and weather across the Big Sky State, and tarian aid to enter the Palestinian ter- one of the city’s most familiar build- we can expect more of it. From farmers ritory by land, including construction ings. to tribal communities to folks who live materials for civilian projects. If my colleagues will take a look, in Montana’s biggest cities, it impacts It is important to note that Hamas this is a picture of what the inside of everyone. Rimrock Auto Arena looks like today. has made no such compromises and Now we begin the process of rebuild- continues to maintain its vehement You can see the tornado ripped off the ing the businesses and the familiar roof. Thousands and thousands of folks and violent stance against Israel’s ex- buildings destroyed by these storms. istence. Hamas also continues to en- have memories from inside this build- I ask the Presiding Officer and all of danger Gaza’s civilian population by ing, from concerts to sporting events my colleagues to stand with me to using hospitals, schools, mosques, and to graduations. offer any support we can to the Billings residential neighborhoods as command This picture was taken by Larry and Rocky Boy’s communities and to and operations centers or as weapons Mayer, a photographer for the Billings those folks up in the Bear Paw Moun- storage facilities. Gazette. Minutes after the tornado tore tains and especially to the folks who through, emergency responders, as my have to start from scratch because, as While Hamas claims to be the pop- colleagues can see, arrived on the scene we know all too well in Montana, it ular representatives of the Palestinians to keep folks away from the debris in takes working together to rebuild, and in Gaza, their actions show that they the streets. we will become stronger. hardly care for the plight of the aver- The wind twisted guardrails around With that, Mr. President, I yield the age Gazan, as their rule deprives their light poles. The rain turned streets floor. I suggest the absence of a own people of a transparent democ- into rivers. Golf ball-sized hail came quorum, and I ask unanimous consent racy, civil rights and freedom. crashing down. that the time during the quorum call The best way to ameliorate that and In our part of the country, we are be divided equally between the Demo- to fix the broader current crisis and used to extreme weather—subzero cold, crats and Republicans. prevent future ones, of course, is drought, snow, and severe thunder- The PRESIDING OFFICER (Mrs. Israeli-Palestinian peace and the cre- storms—but a tornado tearing through GILLIBRAND). Without objection, it is so ation of an independent Palestinian the middle of Montana’s largest city is ordered. state that lives side-by-side with pretty darn rare. Through it all, only The clerk will call the roll. Israel, providing security and economic one minor injury was reported, and The assistant bill clerk proceeded to stability for the Palestinian and the that was due to hail. call the roll. Israeli people. While we stand together in support of Mr. CARDIN. Mr. President, I ask Today, it is Israel that continues to the folks who lost their businesses and unanimous consent that the order for acknowledge the necessary framework their property last Sunday, we are the quorum call be rescinded. for any peace agreement. grateful no one died. Nobody lost their The PRESIDING OFFICER (Mr. Israel has shown willingness for di- home. I attribute that to a lot of luck KAUFMAN). Without objection, it is so rect negotiations, but the Palestinians and to quick action and smart deci- ordered. continue to insist on proximity talks. sions by emergency responders in Bil- f Israel is seeking to make peace with a lings and in Yellowstone County. partner whose parliament is controlled HAMAS IN GAZA Immediately after the clouds lifted, by Hamas, an organization still sworn officers kept onlookers out of harm’s Mr. CARDIN. Mr. President, I rise to the destruction of Israel. way. More than a dozen National today to speak about the current situa- The only way to achieve peace is for Guardsmen immediately secured the tion in the Gaza Strip. Hamas to give up its militancy, forego area, answering a late night call on Fa- In 2007, Hamas, a State Department- terrorism and violence against inno- ther’s Day. News reporters went to designated foreign terrorist organiza- cent civilians, recognize Israel’s right work sharing the story. Unelected lead- tion, forcibly seized control of Gaza. to exist and become a legitimate part- ers, from councilmen to commis- Hamas continues to refuse to recognize ner in Palestinian institutions. The sioners, buckled down to hammer out Israel’s right to exist and, in fact, has more than 1 million Palestinians living the next steps. perpetrated terrorist attacks against in Gaza deserve that, the millions of This week, people across the country Israel, launching countless rockets Israelis who are subject to Hamas rock- opened their newspapers and turned on from Gaza into Israel. ets and terror deserve that and frank- their TVs to see the incredible pictures Hamas calls for the elimination of ly, the world deserves a stable, secure from Billings, MT. They saw what hap- Israel and Jews from Islamic holy Middle East. pens when a community works to- lands. No Hamas leader has publicly I yield the floor and suggest the ab- gether in the aftermath of a storm expressed a willingness to disarm or to sence of a quorum. such as this. Everyone lived to share stop attacks on Israel and Israelis. their story, and the community grew Israel, like every other country in The PRESIDING OFFICER. The stronger because of it. the world, has a right to defend itself. clerk will call the roll. It is not just Billings that felt the With a sworn enemy on its border, The assistant bill clerk proceeded to force of wild weather this last week. Israel must protect her citizens against call the roll. Further north, the community of potential attacks every single day. Mr. ENZI. Mr. President, I ask unani- Rocky Boy’s Indian Reservation is still Under the blockade, Israel directs ships mous consent that the order for the trying to tally up the damage after a to the port of Ashdod, where they are quorum call be rescinded. powerful rain storm last Thursday inspected for arms and other dangerous The PRESIDING OFFICER. Without night. In the nearby Bear Paw Moun- items before Israel allows off-loading objection, it is so ordered.

VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.030 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5243 HEALTH CARE for small employer plans, large em- They said: Why didn’t you come back Mr. ENZI. Mr. President, before com- ployer plans, and all employer plans. to us and ask for a lower price? ing to Washington, I ran a shoestore in The low-end estimate is 49 percent of I said: That is not the way we sell Gillette, WY. I stocked the shelves. I them will have to go to something dif- shoes; that is not the way you should worked with customers to fit them ferent if they cannot be grandfathered, sell insurance. with shoes. I ran the cash register. I the midrange estimate is 66 percent, If they change their health insurance placed the orders with suppliers. I while the high-end estimate is 80 per- carrier, they will lose their grandfather swept the floors. I cleaned the toilets. cent of small employer plans will have status even if they provide the same I did the bookkeeping. In short, I was a to give up what they have right now things the other one was providing, one-man show. That is not quite accu- because there are more federally man- which is what you do in a bid. In an at- rate. My wife was there, and we had a dated requirements they have not been tempt to keep health care costs down couple of clerks. We all had the same meeting. In my home State, more than and avoid having to do the other things responsibilities. My wife helped and ac- 50 percent of the people will have to we mentioned, you would lose your tually grew the business while I was change to a different insurance. I have grandfather status. In short, if employ- mayor of Gillette. We were a one-fam- to tell you, almost all of them who ers do anything to help slow the ily show. I know firsthand the strug- have insurance are happy with the in- growth of their health insurance costs, gles and challenges America’s small surance they have and really thought they will lose the limited protections businesses face. We faced them on a they could keep what they have if they against the expensive new mandates in daily basis. That is why I am so con- like what they have. This chart shows the bill. cerned about the recent action by the that is not going to be the case. It is worth noting that 2 pages in the Obama administration. During my days as a shoestore owner, law—just 2 pages; it was 2,700 pages, Earlier this week, the administration I would not have had the luxury to read but 2 pages are causing all this—that published a 121-page interim final rule a 121-page interim final rule and try to create the grandfathered plans are a that will have a major negative impact determine what I needed to do to keep blank slate. The law does not say any- on millions of small businesses across my health insurance plan. And if my thing about cost-sharing requirements the country. This new rule, which im- small business was one of the 80 per- or coinsurance rates. plements just two pages of the health cent of small businesses that the ad- The administration made up all these care law pertaining to grandfathered ministration thinks will lose their cur- provisions and requirements. They did health plans, will increase the costs rent status, then I would be forced to not have to write these rules that pre- these businesses will pay for health in- pay for a lot more coverage. clude half of Americans from keeping surance. This new rule violates the One of the most disturbing aspects of what they have. The reality is that the President’s repeated promises from last this new rule is it will actually make it administration does not want you to year and the year before that under the harder for employers to make changes keep what you have. They certainly new health care law, if you like what that could hold down the cost of their like that talking point—it keeps people you have, you can keep it. health care. Once this interim final from getting very nervous—but they do A chart on page 54 of the rule states rule becomes effective, which will be not actually want you to keep what that the Departments of Treasury, July 12 of this year—less than a month you have. They do not want grand- Labor, and Health and Human Services from now—large and small businesses fathered plans to exist. They want to estimate that between 39 and 69 per- will have few options for both keeping force all Americans to buy only insur- cent of the businesses will lose their costs in check and maintaining their ance plans that are defined and ap- grandfathered health plan status. This grandfather status. If an employer does proved in Washington. It is just one means these businesses’ health plans any one of the following things to man- more Washington takeover. will not be able to keep their current age their costs, they lose the health Throughout the rule, the administra- plans but, rather, will be required to care they have: If they eliminate any tion makes the assumption that a large comply with one of the expensive man- benefits, they lose their grandfather number of plans will place a high value dates included in the new law. This status. If they increase coinsurance on the remaining grandfathered plans. will, in turn, drive up the costs for rates, they lose their grandfather sta- Why do they make this assumption? these plans, making them even more tus. If they increase deductibles or out- Because the administration recognizes unaffordable for small businesses. As a of-pocket limits beyond minimum lev- that employers realize the mandates former small business owner, I under- els, they lose their grandfather status. and burdens included in the health care stand how small businesses are strug- If they increase copayments beyond bill will drive up premiums and drive gling every day to find the resources to minimum levels, they lose their grand- up costs for large businesses, small provide health insurance to their em- father status. If they decrease the em- businesses, and individuals. The Con- ployees. Rather than making it easier ployer share of the premium by more gressional Budget Office estimates that for these businesses to continue to pro- than 5 percent, they lose grandfather costs will increase 10 to 13 percent for vide this coverage, the new regulation status. If they add an annual limit or Americans purchasing coverage on will actually make it more likely that decrease the lifetime or annual limit, their own. That represents a $2,100 in- employers will simply drop their they lose grandfather status. If they crease for families purchasing cov- health insurance coverage altogether. change their health insurance carrier, erage. I have a copy of the chart to show the they lose their grandfather status. Page 112 of the rule lists the 13 new folks back home. This chart shows the Which is the most important one of mandates included in the health care administration’s own estimates, which those? The very last one. If they law that do not apply to grandfathered indicate that only about half of Ameri- change their health insurance carrier, plans. However, based on the adminis- cans will be able to keep what they they lose their grandfather status. The tration’s own calculations, it looks as have. The picture, of course, is even only way you have a chance of holding if 39 to 69 percent of employers will worse for small businesses. Health and those costs down is to bid out the in- now be forced to comply with these Human Services estimates that by 2013, surance. It made a huge difference in new 13 mandates when they lose their up to 80 percent of small businesses our business. The first time we bid it grandfather status. could lose their grandfather status. out—and we were several years staying Even for the small number of plans The plans that do lose their grand- with the same company and having that manage to keep their grandfather father status will have to abide by a very huge increases—the first time we status, the reality is that the new law whole slew of new Federal mandates, bid it out, we found out we could save will still impose expensive new man- many of which have not even been very substantially, and so we bought dates that will increase their costs. written yet. the lower bid insurance. The new health care law requires all These are the low estimates of how Then the company we had been deal- plans, including grandfathered health many people are going to take it again. ing with for several years came to us plans, to comply with certain provi- This is a midrange estimate by the ad- and said: Why did you change? sions in the new health care law. Page ministration and then a high estimate I said: We got a much lower price. 112 of the interim final rule has five

VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.038 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5244 CONGRESSIONAL RECORD — SENATE June 22, 2010 sections detailing the new mandates The interesting thing about this sec- tion’s favorite special interest group that apply to grandfathered health tion is that Secretary Sebelius has gets special treatment under this rule. plans for plan years beginning on or until next March to publish the stand- This is exactly the kind of political after September 23 this year. Another ards the plans have to use when they cynicism this administration cam- section becomes effective in 2014. draft these documents, but the plans paigned against 2 years ago. Page 48 of This bill was sold as letting people have to give their enrollees the docu- the rule says: keep what they have, but the devil is ments this September. How is that pos- This estimate does not take into account always in the details. Do a little sible? If plans do not have these docu- collectively bargained plans, which can digging and it is clear that Americans ments ready, they can be fined up to change issuers during the period of collective will not be able to keep what they $1,000 per enrollee. The standards will bargaining agreement without loss of grand- have. not be ready until next year, but the father status. I would like to read a paragraph from plans have to comply this year or face Keep reading, because page 50 says: page 112 of the regulation. It says: a $1,000-per-enrollee fine. Common For fully insured group health plans, an- Provisions applicable to all grandfathered sense rode a horse right out of Wash- other change that would require a plan to re- health plans. The provisions of Public Health ington. Maybe it was never here to linquish grandfather status is a change in Service Act section 2711 insofar as it relates begin with. issuer. to lifetime limits, and the provisions of Pub- Section 2718 says all plans for big The bottom line: Big labor can lic Health Service Act— businesses have to spend at least 85 change issuers, but small businesses And it lists several of them— cents out of every premium dollar they cannot change issuers. The ability to apply to grandfathered health plans for plan get paying claims, and plans for small change issuers is something that keeps years on or after September 23, 2010. The pro- businesses and individuals have to insurance companies competing visions of Public Health Service Act section spend at least 80 cents out of every pre- against each other to see who can offer 2708 apply to grandfathered health plans for mium dollar they get paying claims. the best product at the lowest price. plan years beginning on or after January 1, This may sound like a good idea, but, The PRESIDING OFFICER. The Sen- 2014. again, the devil is in the details. ator’s time has expired. This means health plans are now pro- The National Association of Insur- Mr. ENZI. I ask unanimous consent hibited from having lifetime limits on ance Commissioners is responsible for to speak for 2 more minutes. the dollar value of benefits for any par- defining the terms used in these cal- The PRESIDING OFFICER. Without ticipant or beneficiary. Even though culations and coming up with some objection, it is so ordered. this section becomes effective after recommendations about how to imple- Mr. ENZI. I thank my colleagues. September 23 of this year, the Depart- ment this section. The Secretary asked The ability to change issuers is some- ment has not issued any regulations or them to make these recommendations thing that keeps insurance companies guidance telling plans how to imple- earlier than when the law says, but competing against each other to see ment this new requirement. they have been having some difficulty. who can offer the best product at the Section 2712 says that health plans The difficulty is that States know that lowest price. Take that competition shall not rescind such plan or coverage, implementing these provisions will put away, and prices will go up—for every- except that this section shall not apply health plans out of business—out of one but union plans. to a covered individual who has per- business. When the plans go out of The simple truth is, because this new formed an act or practice that con- business, the Americans enrolled in rule will drastically tie the hands of stitutes fraud or makes an intentional these plans will lose their coverage. employers, few employers are expected misrepresentation of material fact. We This is a real problem with which the to pursue grandfather status. That have not seen any guidance or regula- insurance commissioners are grap- means more than half of Americans tions on that section either. pling. Unfortunately, Republicans who like what they have won’t be able Section 2714 says that all kids under warned our colleagues on the other side to keep it. As I said earlier, this is not the age of 26 can stay on their parents’ about this problem last December but a mistake. This is exactly what the health insurance policy. This popular we were ignored. President and the majority controlling provision got a lot of attention from Section 2708 becomes effective in 2014 Congress want. They want all Ameri- the media and the administration. Be- and says that plans cannot apply wait- cans to be forced to buy the kind of cause of the popularity, this is one area ing periods that exceed 90 days. Again, health insurance they think you should where the administration has actually this provision sounds like a great idea, have. Never mind that you can’t afford written an interim final rule which be- and some States are already doing this, it. Never mind that employers faced comes effective July 12 this year even but this is one more thing that will with the choice of either paying for though the comments are not due until drive up costs. health insurance or paying a new pen- August 11 of this year. The final rule No single raindrop thinks it is re- alty will be less likely to hire new goes into effect July 12, but the com- sponsible for the flood. These provi- workers and will probably even lay off ments are not due until August 11. In sions may sound like good ideas when workers. Simply put, this rule States: other words, they are not going to read looked at by themselves but, when Washington knows best. Never mind any of the comments before that goes taken together, they drive up pre- the President promised Americans who into effect. miums to the point health care is like what they have can keep it. This In the rule, the administration in- unaffordable. new rule is pretty clear: If you like cludes an analysis saying that this pro- All these sections I have been talking what you have, you can’t keep it. vision is expected to increase pre- about are mandates that apply to all Mr. President, I yield the floor. miums by 1 percent. That might not plans, even grandfathered plans. There The PRESIDING OFFICER. The Sen- sound like a lot on its own, but remem- is a whole list of mandates that do not ator from Rhode Island. ber that this is only one of the six pro- apply to grandfathered plans but apply Mr. WHITEHOUSE. Mr. President, I visions with which all health plans, to the new plans. Page 112 of the rule. ask unanimous consent that we con- even grandfathered plans, will be I would refer you to that. I won’t read tinue in morning business and that forced to comply. If each of the other it here. It has a lot of references again, Senator BROWN of Ohio and myself be five provisions also drives up premiums and even though these sections aren’t allowed to engage in a colloquy for the by similar amounts, that would equal a supposed to apply to grandfathered next 15 minutes. 6-percent increase on top of whatever plans, as this rule points out, about The PRESIDING OFFICER. Is there increase results from normal medical half of all Americans will lose their objection? inflation. grandfathered plan and they will be Without objection, it is so ordered. Section 2715 says all plans must give forced to buy a plan that includes the f enrollees a government-approved sum- additional mandates. mary of benefits and coverage expla- But if you are enrolled in a union ESTATE TAX nation describing the benefits included health plan, have no fear. Different Mr. WHITEHOUSE. Mr. President, in the plan. rules apply to you. The administra- Senator BROWN and I have come to the

VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.039 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5245 floor today to talk about the estate dure reconciliation is when it is used to that family, they all woke up the next tax. Today’s discussion was prompted do anything to help regular Americans. morning certainly very sad about their by a recent New York Times report But when it comes to cutting the es- father or their uncle or their brother, that an estate of a Texas natural gas tate tax so that the Duncan family can but they also woke up as billionaires tycoon—Mr. Duncan of Houston—is have a $9 billion estate pass tax free, the next day, and our condolences go worth $9 billion. That is a nine with well, that is a perfectly fine use of rec- out to that family, but something has nine zeros after it. It is a big number, onciliation, according to our Repub- to replace this. If the estate tax was and it is going to go without tax to his lican friends. where it should have been, he would heirs. Without any tax at all. It is hard At this point, at exemption levels of have—his family would have—paid the to know what his tax planning is, but if $3.5 million per individual, $7 million Federal Government $3 billion or $4 bil- the ordinary rates applied, the tax that per couple, only a few thousand estates lion. would be paid by this estate might be each year pay any estate tax at all. It What does that mean? It means that as much as $4 billion. is a tax that only hits not the rich but during this previous Congress—the 2002 I think it is important to put that in the superrich—the billionaires, such as and 2003 Congresses—when the Bush ad- counterpoint with the discussion we the Duncan family. And while we are in ministration ran up this huge debt, have been having on the floor today, this period of economic turmoil, while with tax cuts for the rich, not paid for where our friends on the other side of we are in this period where one party is but passed on to our children and the aisle are blocking unemployment trying to keep regular workers from grandchildren; the Iraq war, not paid insurance for Americans who, through getting access to unemployment insur- for and passed on to our children and no fault of their own, lost their jobs. ance in the middle of this economic grandchildren; the giveaway to the Because of what Wall Street did to disaster, they are all for an unpaid-for drug and insurance companies in the wipe out the economy, they are out zeroing out of the estate tax so that a name of Medicare privatization, passed there on their own. They can’t find $9 billion estate passes completely tax on to our children and grandchildren; work. In Rhode Island, we have 70,000 free. and the billions of dollars of cost that people unemployed in our small State. I think that is wrong. I think it was added to the bill, this would have Our unemployment rate is 12.3 percent. shows priorities that are completely helped pay for some of that. And if you don’t have unemployment topsy-turvy—completely upside-down. The $3 billion or $4 billion that would insurance to protect you at a time such I know that Senator BROWN wanted to have been generated by the Duncan es- as that, you are stuck. Unemployment join me, and I have gone on for a bit, so tate, where does that money come insurance goes to pay for food. It goes I will quiet down for a second so he can from? What do we replace that with? to pay for gas in the tank, to look for be heard. But it is immensely frus- We either continue to tax middle-class the next job. It goes to pay for shoes trating that that is the priority around people in this country too heavily or for your children. It goes to pay for here—let the working family lose the we cut programs for that $3 billion or clothing and rent and heat or elec- basic paycheck that holds the family $4 billion or we charge it to our grand- tricity—all the basics. They are block- together but have the billionaires get children. And that is what has hap- ing it. They are blocking it because it $9 billion tax free. pened. As Senator WHITEHOUSE said, it is not paid for, as if this were not an Mr. BROWN of Ohio. I thank Senator is a contrast. emergency. WHITEHOUSE for his comments. As Sen- What do we do? We can do as Repub- But they are perfectly happy—in ator WHITEHOUSE said, I have been in licans do: We can deny unemployment fact, we haven’t heard a peep out of this body only since January of 2007. compensation; deny COBRA insurance them—with the Duncan estate going Most of the damage from the estate tax coverage, so people can keep their tax free to his heirs. I don’t know how was done prior to our being here. But I health insurance; deny Pell grants for many of them there are, but if there spent some years before being elected people, which could be paid for by this are any less than nine, they all just be- to the Senate in the House of Rep- $3 billion or $4 billion, or should we tax came billionaires, tax free. That is the resentatives, and anytime we talked more people to pay for it? The Repub- kind of contrast that is so remarkable about the estate tax in the House, my licans didn’t care about the budget def- about this building. We have an entire Republican colleagues would use two icit when it was the Iraq war. They party that is dedicated to preventing terms. They would talk about the ‘‘pol- didn’t pay for the Iraq war. They didn’t working people, who have lost their itics of envy’’ and they would talk care about the budget deficit when it jobs through no fault of their own as a about ‘‘class warfare;’’ that Democrats was the giveaway to the drug compa- result of this economic meltdown, from were envious of success and that we nies. Now all of a sudden they do. getting unemployment insurance, and were engaging in class warfare, want- This is the face of people we deal that has actually already expired and ing to turn one social class against an- with. This is a General Motors auto we are trying to backfill it for that pe- other. worker in Lorain, OH, somewhere near riod, but they are completely satisfied But the issue here isn’t any strong Dayton, where this GM plant closed in with an oil tycoon worth $9 billion hav- desire for us to engage in retribution the last 2 years. These workers waiting ing his estate go completely tax free to against anybody or any class envy. The here are losing their unemployment in- his heirs. That situation is happening situation is this, and let’s start with surance because people on the other because of a glitch in the Tax Code this chart. This is a percentage of es- side of the aisle—our Republican col- that we could not fix. It is part of the tates subject to tax. The estate tax, leagues—simply would rather protect Bush tax cuts having run to their con- which the Republicans called the the super wealthiest people in our soci- clusion. ‘‘death tax,’’ does not impact 99.3 per- ety—they would rather protect these The estate tax goes back to 1789 in cent of people who die in this country. seven-tenths or 7 out of every 1,000 peo- its first incarnation. It has been per- Their families pay zero estate tax. It is ple—and helping them pay no taxes, manent since 1916. John D. Rockefeller only, as Senator WHITEHOUSE said, the rather than taking care of this unem- paid estate taxes in 1937 when he died. absolute mega superrich. It is not peo- ployed worker. That is the tragedy of He was taxed at a 70-percent rate. ple worth just a few million but only the choices they have made. Today, we are having a debate about seven-tenths of 1 percent. That means Those contrasts, as Senator whether we should continue at a rate it is 7 out of 1,000 who will pay any es- WHITEHOUSE said, are very clear, be- of only 45 percent. The Duncan estate tate tax at all. And so this issue—not tween Republicans wanting to protect went through at zero percent. aimed at any one person—raises the the superrich and Democrats wanting This cut, which took $4 billion out of question of: What do we do instead? to make sure that unemployment com- the economy to pay this one family The Duncan family—this is Mr. DUN- pensation is extended. These are with a tax-free estate, was pushed CAN, whom Senator WHITEHOUSE talked human beings, each with a story. You through by the Republicans using rec- about—died with $9 billion, and his can bet in this crowd some of these onciliation. If you have been listening family pays no estate tax whatsoever. people not only lost their job but they on the floor, you have heard a lot of Senator WHITEHOUSE pointed out that lost their insurance, and some of them critique about what a terrible proce- if there are fewer than nine members of have lost their home as well. Because I

VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.040 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5246 CONGRESSIONAL RECORD — SENATE June 22, 2010 know what has happened in the Dayton If you go back, it is 70 years—1983 with Senator STABENOW controlling the area, in Miami Valley. Far too many was just a 1-year exemption. So all this final 15 minutes; further, that during people have lost their homes. battle has driven down tax rates for the controlled period of time, Senators So while the Republicans are trying corporations, tax rates for billionaires, be permitted to enter into colloquies to protect the Duncan estate, with bil- and here we are with a deficit and they and at the end of the controlled time, lions and billions of dollars in that es- do not care about the billionaires. the majority leader be recognized. tate, people such as Senator I will close. I see the majority leader The PRESIDING OFFICER. Without WHITEHOUSE, Majority Leader REID, on the Senate floor, and I do not want objection, it is so ordered. who is on the floor, and Senator KAUF- to take time. I will close. America is a Mr. REID. I suggest the absence of a MAN want to see us take care of the un- place of which we are very proud. It is quorum. employed workers, take care of those the greatest country ever. It is a place The PRESIDING OFFICER. The who have lost their insurance, take where people can get fabulously rich. clerk will call the roll. care of those who are faced with fore- Not only is it a place where you can The assistant legislative clerk pro- closure because of the economic situa- get fabulously rich, when you get fabu- ceeded to call the roll. tion. As Senator WHITEHOUSE said, lously rich you can still live a rel- Mr. REID. I ask unanimous consent these people didn’t choose to be in this atively normal life. You don’t have to that the order for the quorum call be situation. live like some Third World thug behind rescinded. As Warren Buffett said in 2007: armed guards driving around in con- The PRESIDING OFFICER. Without The average American went exactly no- voys with armed SUVs. You can live a objection, it is so ordered. where on the economic scale in the last 20 normal life as a very rich person. The Senator from Michigan is recog- years. They have been on a treadmill while Everybody has a chance to get rich. nized. the super rich have been on a space ship. Everybody has a chance to become a f That is exactly what happened in millionaire, a multimillionaire, a bil- UNEMPLOYMENT BENEFITS this country. The wealthiest people lionaire. But when they do, they have have done better and better as their to pay their share. Ms. STABENOW. Mr. President, I tax rate went down and down. Those The PRESIDING OFFICER (Mrs. rise to speak on behalf of nearly 1 mil- middle-class kids who need Pell grants, HAGAN). The time of the Senator has lion people who have lost their jobs, the middle-class families who lost their expired. who have now also lost their unem- jobs who are now on the unemployment Mr. WHITEHOUSE. I thank the ployment insurance benefits because of line, those workers who have lost their Chair. the extensive obstacles and objections that have been put forward in the Sen- insurance through no fault of their f own—they lost their jobs—they are on ate to extending this important pro- this downward spiral which simply is CONCLUSION OF MORNING gram. I wish I could say this was the not what our country stands for. BUSINESS first time that had happened. It seems Mr. WHITEHOUSE. Two points I Mr. REID. Madam President, the that every time we come to the floor in would like to make. One is echoing time for morning business has expired; the middle of these very difficult eco- what Senator BROWN just said. We al- is that right? nomic times, even though things are ways hear about the debt and the pay- The PRESIDING OFFICER. The ma- getting better, every time we come to for from the other side when it is con- jority leader is correct. the floor on behalf of people who are venient, when they are trying to stop Mr. REID. I suggest the absence of a out of work, who want to work, who something the administration wants to quorum. have worked their entire lives but at do. When it helps regular people who The PRESIDING OFFICER. The this point can’t find a job, all we get have lost their jobs through no fault of clerk will call the roll. are objections and delays and weeks their own, then it becomes an inter- The assistant legislative clerk pro- and weeks and weeks of people sitting national incident if it is not paid for. ceeded to call the roll. on pins and needles, holding their But when an estate of $9 billion is al- Mr. REID. I ask unanimous consent breath, trying to figure out what is lowed to pass tax free because of a that the order for the quorum call be going on: Will they have the ability to loophole, that is OK. That is a $4 bil- rescinded. pay the rent, the mortgage, put food on lion unpaid-for loss to the government, The PRESIDING OFFICER (Mr. the table, be able to care for their kids through its revenues. That is just fine. UDALL of Colorado). Without objection, while they are looking for work. Here There is a disconnect there. If you it is so ordered. we are, right back in that very same are serious about the deficit, you have f position. to be serious about it when it is billion- Right now we have over 15 million aires and not just serious about it when MORNING BUSINESS people who are on unemployment bene- it is regular working families. There is Mr. REID. Mr. President, I appreciate fits. That doesn’t count those who are a one-sidedness and a convenience for very much the understanding of my working part-time jobs or have fallen their concern about the deficit. When friends who have been here waiting to off of the system completely because it is their President in the White talk for several hours. I also announce they haven’t been able to find a job and House, Katey, bar the door. By my cal- that one of the reasons we are waiting have been out of work longer than the culation they blew $9 trillion during is to determine if we need to have votes insurance benefits will allow. We have the Bush administration. Now they tonight. Everyone has been notified 15 million people looking for work, and suddenly have had an epiphany about that we might have to have votes to- we are told there are about 3.1 million debt, but it does not quite extend to night, but it appears at this stage we jobs available. That means there are billionaires who are allowed to pass will not. I have been in contact with five people looking for every one job their estates through tax free. So much the Republican leader and his staff. I opening. This is not a situation of peo- for the debt and the pay-for concern. think we will continue working ple not wanting to work. In the State The other group they are very con- through the night on some issues we of Michigan, we know how to work. We cerned about all the time is corpora- are trying to deal with and worry work hard. We make things. We grow tions. In this year, corporations have about votes tomorrow. things. We work hard. Yet through no paid less tax compared to humans than I ask unanimous consent the Senate fault of their own, people find them- ever before, since 1983, where there was now proceed to a period of morning selves in a situation where we have a glitch and corporations paid less business for 21⁄2 hours, with the time seen an economic tsunami go through taxes relative to what humans pay equally divided and controlled between our country, lasting in Michigan longer than now. But other than that, 1 year, Senator STABENOW and the Republican than any other place across the coun- 1983, more than a quarter of a century leader or his designee, with Senator try. And even as we climb our way ago, corporations are paying an all- STABENOW controlling the first 60 min- out—and it is getting better; we have time low in taxes compared to what utes and the Republican leader or des- turned the corner; the economic recov- humans pay. ignee controlling the next 60 minutes, ery provisions we have put in place we

VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.041 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5247 know are beginning to make a dif- they have to keep a roof over their Michigan, because the job just isn’t ference—we still are in a situation, heads while they are doing that. They there to be found. even as we are moving and turning the have to keep food on the table, keep As Senator STABENOW said about corner, where there are five people out the electricity on for their families Michigan, her folks are hard workers. of work for every one job opening. That while they are doing that. That is what Rhode Islanders are hard workers. We is real life for too many people I rep- unemployment benefits allow them to have a tradition of working hard in a resent. do. whole variety of industries. There We have had legislation in front of The last time Congress cut off emer- aren’t a lot of people lying around en- us. We have been spending weeks now gency unemployment insurance bene- joying the luxury of unemployment in- on a jobs bill, a bill to create jobs, to fits was after the terrible recession in surance payments. They want to be out invest in innovation, to help small 1985, when the employment rate was 7.3 getting work. Unemployment insur- businesses, to help manufacturers get percent. Today, 33 States and the Dis- ance payments let them search for the capital they need, but to also, in trict of Columbia now have unemploy- work and feed their family, pay the that bill, help people who don’t have a ment that is higher than 7.3 percent. rent, put gas in the car, buy shoes for job while they are waiting for all this These are red States, blue States, Re- the kids, put food on the table, all in to take effect, for all of this to work, publicans who are out of work, Demo- the meantime. Our colleagues want to people who have lost their jobs through crats who are out of work. It doesn’t take that away. no fault of their own, who find them- matter what party one is; if they lose Let’s scroll back for a minute to why we are here in the first place. We are selves in a situation where they are their job, it is an emergency for the here in the first place because the peo- desperate and depending on us to un- family. They expect the Senate to un- ple who were supposed to be regulating derstand what is happening to too derstand that and to act. In 16 of those Wall Street were asleep at the switch. many working families, middle-class States, unemployment is still higher families, people who never in their The people who were supposed to be than 10 percent. Many States haven’t regulating Wall Street were asleep at wildest dreams thought they would seen this many people out of work the switch because they were told to be find themselves in this situation but since the Great Depression. asleep at the switch. It is the Repub- here they are. They want to know that When we look at the States where lican theory of governance that regula- we get it, that we understand what is there are more than 1 in 10 people who tion should have a light hand and that happening in their lives and that we have lost jobs through no fault of their corporations know better and should are not going to play politics or use own, we see a picture that is, in fact, really run the show. So the folks who people who are out of work somehow as America. I know one of those great were supposed to be regulating Wall pawns in a political chess game that is States is the State of my colleague Street were the captives of the big Wall going on here in the Senate. who is from Rhode Island. He has come Street financiers. They took all the The normal unemployment insurance to the floor on numerous occasions to breaks off. They let them run with benefits only last for 26 weeks, but speak about the people of Rhode Island, crazy leverage ratios, new instruments thanks to the recovery act, we have just as I have come on numerous occa- such as derivatives and collateralized been able to bridge the gap for millions sions to speak about the people in the debt obligations, and they went right of Americans by extending it. That is great State of Michigan. I am pleased to sleep, the way they were supposed very important. But we are at a point the Senator from Rhode Island is here. to. The result was a catastrophic Wall now where the recovery has not fully I yield the Senator up to 10 minutes Street meltdown that could have been been actualized. People are still in a to speak at this time. prevented if there had been a different situation where they need to have help Mr. WHITEHOUSE. Mr. President, I theory of governance and not the the- on a temporary basis while they are am delighted to be here with Senator ory of governance that we let the cor- looking for work. STABENOW. I know from the experience porations run the show and that is the Since this recession started in 2007, of Rhode Island how difficult things are best thing for Americans. there are now 8 million fewer jobs in in Michigan. I have seen over and over But that is what happened. They let America, too many of those in manu- the passion and energy with which she the corporations run the show. That facturing. I could spend hours talking comes to the floor to argue on behalf of theory of governance prevailed. There about fair trade and what we need to the people of Michigan. I join her this was a massive meltdown. That massive do to make sure markets are open evening on behalf of the people of meltdown sent a tsunami of misery abroad for our products to be sold so Rhode Island. across this country into places miles we are exporting our products, not our The unemployment insurance ob- from Wall Street, completely different jobs, and how we can have a fair trade struction we are getting is simply cruel from Wall Street, including States policy. I am pleased that in the recov- under the circumstances in Rhode Is- such as Rhode Island and Michigan. We ery act we have focused on making land. I know my friends on the Repub- have 71,000 people unemployed in my things again in America, battery man- lican side like to argue that if we cut little State of Rhode Island. Those peo- ufacturing facilities and the advanced off people’s unemployment insurance, ple need to get unemployment insur- manufacturing tax credit, both of that will motivate them to get back ance while the economy recovers. We which I was pleased to be a part of out there in the workforce where they are not a 4-percent unemployment leading to create jobs. should be, as if they were just idling State or a 6-percent unemployment We are creating jobs. But it takes around, as if they were not out looking State. We are not even an 8-percent un- time to turn this around. We find our- for work. employment State. We are over 12 per- selves in a situation where nearly 1 In Rhode Island, we are at 12.3 per- cent unemployment. There is not a job million people who have lost their jobs cent unemployment. We have been the for these people. To take away the are going to lose their unemployment third or fourth highest unemployment bread and butter, to take basic suste- benefits because of what has been going State in the country for months and nance off the table is, frankly, unfair. on here. They don’t have time to wait months now. This is not some sudden We have even tried to get an extra 25 and hold their breath as we continue to glitch in the accounting. This is a per- bucks added to the benefit. Repub- work to turn this economy around. sistent economic nightmare in Rhode licans have objected to that. These are families trying to make ends Island. We have been 15 straight Mr. President, 25 bucks does not meet. They are applying for jobs every months—more than a year—with dou- seem like much, and indeed it is not day. They are putting in applications. I ble-digit unemployment. If we go back much, but if you are just getting by get e-mail after e-mail—and I will to 8 percent unemployment, we go back with unemployment insurance because share some this evening—from people 22 months, nearly 2 years. This is a per- your State has been in recession for so who are trying to find work, putting in sistent problem. The notion that we long, as ours has, that extra 25 bucks is applications, going back to school. We will cut off somebody’s unemployment a meal the family does not have to have all said to them: Maybe you need insurance and have them go out and skip; that is a trip to the doctor they to go back to school. They have gone find a job is plain nuts in a State such do not have to duck because they can- back to school to get retraining, but as Rhode Island or a State such as not afford the copay; it is an important

VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.043 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5248 CONGRESSIONAL RECORD — SENATE June 22, 2010 little thing; and it is just symbolic of good idea. He solved that; at the end of leagues on the other side of the aisle the attitude on the other side of the his term, we were $9 trillion in debt. know that I will do that in about 5 aisle that: Sorry, not interested. Tough We were not debt free. He were $9 tril- minutes, to give them a heads-up. But bounce. We don’t care. lion in debt, and we had this economic in the meantime, I want to read a few We were on the floor earlier talking meltdown that required government letters and then turn things over to an- about how when it is a $9 billion family intervention to protect people, and other colleague from Oregon who cares and there is no estate tax on that be- that made it even bigger. But we would passionately about this. cause of the way the Republicans have have none of this if it had not been for I want to share with you what have driven this and $4 billion in revenue is the Republican debt orgy they went been literally thousands of e-mails and lost to the government as a result of through—fair-weather debt, I would phone calls we have been getting from this colossal estate being exempted add, an orgy of fair-weather debt—and people in Michigan. I go home every from the estate tax, that is OK. But then a huge hole because of their the- weekend, and I am constantly talking when it is 25 bucks for a working fam- ory of governance and their theory of to people who find themselves in very ily to buy a pair of shoes for their economics that has had to be filled in tough situations—people who have daughter, no, that is too much. Now we because of that tsunami of misery. never been out of a job before in their have to get serious about the recession. That is why we are here. So it is a lit- lives, never, and now they are in their Now we have to get serious about the tle late in the game and a little dis- fifties and trying to figure out what debt. But when it is a $9 billion family ingenuous to hear lectures from that they are going to do, and they find with a huge estate, no, different rules side of the aisle about economic sobri- themselves in a situation where they apply when it is very rich people. ety after that wild spending through are having to depend upon unemploy- Well, I am here for people like Dan of those Bush years and the cleanup we ment benefits, which is the last thing East Greenwich. He worked in sales. He have had to do since then. And these they have ever wanted. has been unemployed since April 2009. guys who are out of work and who need Judith from Taylor: His wife is disabled. He is out looking the help—folks such as Ron, Bill, Dan, Both my husband and I have been unem- for work, but the jobs are not there, and Nancy—should not be paying the ployed for over a year now. We have been and he has not been able to find one. If price. We should take care of the peo- trying desperately to find work and haven’t he loses his unemployment insurance, ple who are out of work through no even gotten call backs for jobs we have ap- Dan has let us know he will be evicted fault of their own. plied for. It has been frightening and discour- from their apartment. He and his dis- I thank Senator STABENOW. aging but we keep trying. abled wife will be evicted from their I yield the floor. Because of our situation, we have been apartment. That should not be hap- Ms. STABENOW. Mr. President, I forced to sell our home and we will be clos- ing this month, at a considerable loss! pening. That is just bluntly wrong. thank Senator WHITEHOUSE very much Bill of North Kingstown contacted for his passion, his leadership. That is the other piece of this. It is me. He is 56 years old. He has been un- Just to emphasize what the Senator not just about a job. The next thing is employed since January of 2009. He was talking about on the floor in terms you lose your house, and then the rip- used to work in engineering. He has of where we have come from, I remem- ple effect goes from there. now been faced twice with eviction ber being in the House of Representa- The bank we have our equity with has re- when the unemployment insurance has tives in 1997, I believe, when we voted fused to settle and has told us they reserve lapsed, and he is looking at eviction to balance the budget for the first time the right to come after us for the balance. again. It is staring him in the face if in 30 years under President Clinton. It We will be having to break into our retire- ment funds again with penalty. On top of all we do not act. He has received only $200 was tough. We had to make tough deci- this, our youngest son, Nathaniel, is a com- over the last 3-week period as his bene- sions, but we did that, and we were on bat medic with the 101st Airborne and will be fits have expired, and he has lost his a trajectory so that by the year 2000— one of the 30,000 that are being deployed to COBRA benefits, but he needs medica- when I was elected to the Senate in Afghanistan. Needless to say, my husband tion. So he is stuck because we have 2001 and came into the Budget Com- and I are on overload!! Please help the unem- not acted. mittee—the big debate was what to do ployed workers in Michigan by extending the Nancy, from Portsmouth, is 59 years with the biggest surplus in the history emergency funds. PLEASE don’t leave so old. She has been unemployed for 21 of the country. We saw that big sur- many people literally out in the cold. months. She has a bachelor’s degree. plus, during the 8 years of President That is what is happening. That is She has a whole variety of industry Bush, go red with red ink, down, down, what is happening right now by these certifications. She has a background in down, down, so much so that when efforts to block, to say no. We have sales and marketing. She is a talented President Obama came in, the job loss come to the floor multiple times on in- woman who has worked all her life. was at about 750,000 jobs a month. We dividual bills to extend unemployment, Until she got swamped by the tsunami were losing 750,000 jobs a month. So we plus the two times now we have voted of misery that originated on Wall went to work and we focused on people to stop filibusters on the jobs bill. All Street and has washed through all of in the middle class, on innovation and we get from the other side is no, no, no. our States, she was fine. But now, after investing in businesses and creating As my friend from Rhode Island said, 15 years of working in insurance, she opportunities and so on, and these when we get to the estate tax, it will cannot find a job, and she will soon numbers now, on jobs per month, have be yes, yes, yes. And it will not matter lose her unemployment insurance ben- gone from a negative now up to a posi- where the funds come from, if they add efits as the Republicans continue to tive. to the deficit—oh, no, not for the few block the extension. The challenge is—we are not done hundred people in our country who are So I would urge them to reconsider. I yet—do not stop what we have been the wealthiest. understand the point about the debt doing. This jobs bill on the floor is to When somebody is out of work, that and the deficit and the spending. But, get us to a point where those numbers is something different. When somebody to me, that does not have an enormous keep going up and up and up, so every- is out of work, we have a set of rules amount of credibility because when body who wants to work can work. We that say: No, this is not an emergency. President Clinton left office, he left an have turned this around in terms of job We have always said it is an emer- annual surplus and he left a budget tra- loss. The numbers are going up. But it gency, with emergency funding. This is jectory that the nonpartisan Congres- is not enough. We are not there yet, not an emergency? Well, I tell you sional Budget Office said was going to and too many people are caught in the what, when 15 million people are out of have us be a debt-free nation by 2008, I middle. In fact, even though the num- work, I would consider that an emer- believe it was—a debt-free nation. bers are better and we are moving in gency. That is as much of an emer- On the day George Bush was sworn the right direction, we still have five gency as a flood, a hurricane, anything into office, we were on a trajectory to people out of work for every one job else we have seen in this country. Tens be a debt-free nation during his term. opening. of millions of people out of work is an There was even discussion in economic In a moment, I am going to ask for economic emergency and deserves texts about whether that was really a unanimous consent. I will let my col- emergency status here in this body.

VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.045 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5249 Let me share one other story before let me say the question before us is Folks are struggling. I have been asking unanimous consent. Michele whether we take dollars from a jobs hearing a lot of stories from people from Suttons Bay: bill, from a Recovery Act, where we are back home, and I thought I would I am a 50-year-old journeyman carpentry creating jobs right now, which is what share a couple of those stories tonight foreman who was laid off by a small con- has been proposed over and over—that to put a face on the challenge. struction company in December 2008 after 10- we basically take it out of one pocket Dear Jeff: I have worked for 42 years and plus years with them. I have been looking for and put it in the other. We want to will lose my unemployment benefits after 6 a full-time job ever since. I went through the make sure we are creating jobs and al- months without your help. I have 3 girls in state’s retraining program last summer and college and unemployment benefits are help- am now a BPI certified energy efficiency lowing the recovery—or what has been called the stimulus—to be able to work ing to keep us current on basic needs. We auditor. But I can’t afford to buy the equip- need your help in the Senate. This is our ment to start my own business. And no com- to do that, and it is beginning to do only lifeline. Please convince your fellow panies are hiring energy efficiency auditors that. So taking dollars out of that Senators to do the right thing for everyday right now. I have been looking for any kind pocket, which is what has been pro- families and not throw us under the bus. of work that allows us to pay the mortgage posed by the other side of the aisle in and our other very basic bills. That is Mike from Happy Valley. My wife has a full-time job in retail. We order to be able to address unemploy- When Mike is saying ‘‘don’t throw us have two sons—one is 16, and the other is 12. ment benefits, doesn’t make sense. under the bus,’’ he is saying don’t We have been surviving with the aid of my I would state one more time: We have spend our time and energy helping the unemployment [insurance]. I have already always viewed the extension of unem- already successful, the wealthy and the gone through the state unemployment bene- ployment benefits in times of economic fits, and I am now in the second period of powerful; strengthen the financial hardship to be an emergency, just like foundations of our working families. [the] federal . . . program. any other emergency in this country. Please don’t forget about us. Before us tonight is a key measure in Our colleagues on the other side of the Well, that is what this is about this that, which is the extension of unem- aisle are refusing to acknowledge that ployment benefits for families who are evening. That is what the legislation is this is an emergency. It is an emer- about that we are focused on. That is working, doing everything right. gency. When over 15 million people are Let me share another story. what all of our efforts are focused on— out of work, it is an emergency, and we jobs, creating good-paying jobs, Dear Senator Merkley: I have now been should do as we have done under every without unemployment benefits since May partnering with business, manufactur- Republican and every Democratic ers, small businesses, creating the at- 16. I have been unable to buy food, gas, or President. We have called it an emer- mosphere for private sector jobs, and pay bills. My son is home from college for gency. We should continue to call it an the summer and I can’t provide for him, ei- remembering the people who, through emergency, and we should allow those ther. There are essentially no jobs in Central no fault of their own, cannot find work benefits to continue. Oregon. I apply daily. I would go to work to- today. I now yield 5 minutes to my col- morrow given the opportunity. Thank you. UNANIMOUS CONSENT REQUEST—S. 3520 league from Oregon. That is Donald writing to me from So, Mr. President, on behalf of the Mr. MERKLEY. Mr. President, we Redmond. He has been without the close to 1 million people right now who have a chance on the floor of this ability to buy food, gas, or pay bills have lost their jobs and are now losing Chamber to come and debate issues since May 16. Extension of unemploy- their unemployment benefits, I ask that are important to the success of ment benefits is a very real method to unanimous consent that the Senate our families across this Nation. There help families when we are in times of proceed to the immediate consider- are some who will come to this floor great economic duress. ation of S. 3520, the Unemployment Ex- and they will argue that we should do It is intriguing to me that my col- tension Act of 2010; that the bill be everything possible to help the most leagues across the aisle want to take read a third time and passed, and the successful; that we should do every- away from the job creation efforts to motion to reconsider be laid upon the thing possible to help the most power- pay for help for those who are unem- table with no intervening action or de- ful; we should do everything possible to ployed. In other words, they want to bate; and that any statements relating help the wealthiest, those who already create more unemployed in order to to the bill be printed in the RECORD. have secured the American dream. pay unemployment benefits. The PRESIDING OFFICER. Is there They have it in their hands. Let’s step back and realize that it is objection? I come tonight to argue a different the policies of my colleagues across the The Senator from South Dakota. Mr. THUNE. Mr. President, reserving case: that we should put our energy be- aisle that created this economic crisis. the right to object, I offered an amend- hind helping the working families of They deregulated Wall Street. They al- ment a week ago during the debate on this Nation, families who are strug- lowed the leverage of major financial the extenders legislation that is still gling in an economy where jobs have firms to double in a single year. Bear on the floor of the Senate that would been disappearing left and right; where Stearns went from 20 to 1 leverage to 40 have paid for all the things the Senator families are looking for work but there to 1 leverage in a single year. They al- from Michigan would like to see paid are multiple applicants for each and lowed retail mortgages to become a for, and we have things we need to do, every job; where someone may be form of scam upon working families such as unemployment insurance, an clinging to a job and then losing it with prepayment penalties and steer- extension of that. We need to deal with when another firm goes under. ing payments, which is a very polite the issue of these expiring tax provi- I am delighted we have arrested the term for payments that are made to sions. slide into another Great Depression. brokers so they will sell a mortgage What we would do is simply say we We didn’t know a year ago whether we that is wrong for the family but which start paying for things around here. So were going to see every single month a creates a big bonus for themselves. I offered an amendment that would do 1-percent increase in unemployment They allowed the corruption of the that. It was defeated here in the Sen- until we were at 25 percent unemploy- most important financial document ate. But at 8:15, I intend to come back ment or 30 percent unemployment. So that is central to building the financial here and offer that again as an alter- we did what we could to break that foundations of our families. They al- native because I think probably every- cycle, and it has been broken. But we lowed Wall Street to put those into se- body in the Senate agrees we need to remain at a very high level of unem- curities and poison all of the financial address the concern of people who are ployment—10 percent plus, on average, foundations of the firms that bought unemployed in this economy, but we across this country and much higher in those securities. should do it in a way that is fiscally re- my home State of Oregon. I have Crook All this built a house of cards that sponsible. That is what my amendment County in eastern Oregon, central Or- came down, and now they want to take will do. So, Mr. President, I object. egon, 17 percent unemployment; Har- away from job creation as a way of say- The PRESIDING OFFICER. Objec- ney County, nearly 16 percent unem- ing: well, we do care about people who tion is heard. ployment; Deschutes County, 15 per- are unemployed. We are just going to Ms. STABENOW. Mr. President, be- cent unemployment; Josephine, 14.5, create more unemployed in the process. fore I yield to my friend from Oregon, and so forth. The logic of that escapes me.

VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.046 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5250 CONGRESSIONAL RECORD — SENATE June 22, 2010 Kate from Covallis writes to me: exception voted to repeal completely voted for it, but they forgot to tell us I am 62 years old and was laid off my job the estate tax. That would cost the how they would pay for it. a year ago last March. government over $1 trillion over a 10- During the Bush era, our Republican The PRESIDING OFFICER. The Sen- year period—$1 trillion over a 10-year friends pushed for hundreds of billions ator’s 5 minutes has expired. period—and how was that going to be of dollars in tax breaks for the wealthi- Mr. MERKLEY. Thank you, Mr. paid for? Oh, it wasn’t going to be paid est Americans. They voted for it; I President. It is an honor to come and for—but not to worry. didn’t. The point is, please don’t lec- say we need to do right by working What Senator STABENOW is talking ture us on the deficit that you largely families in America, and we need to about now is 1 million workers who are caused. not do it by creating more unemploy- in desperate need of help in order to With that, I yield the remainder of ment. put food on the table, in order to put my time. Ms. STABENOW. Mr. President, I gas in the car so they can look for Ms. STABENOW. Mr. President, I wish to again thank my friend from Or- work. On the other hand, when you re- thank my friend from Vermont for his egon who consistently has come to the peal the estate tax, you are not talking passion. I now yield 5 minutes to the Senate floor to fight for jobs and to about 1 million unemployed workers, distinguished Senator from Rhode Is- fight for people who are looking for you are talking about the top three- land, Mr. REED, who is a true leader on work. I thank him very much for shar- tenths of 1 percent of our population, this issue. He has been coming to the ing those stories. people who are millionaires and bil- floor and standing up for working men I now wish to turn to Senator BERNIE lionaires. and women. It is a pleasure always to SANDERS who has been another cham- Our Republican friends say: Oh, it is work with him on this issue. pion in this fight. OK. We can give them $1 trillion in tax Mr. REED. I thank the Senator. Mr. President, I am proud to be here Mr. SANDERS. I thank the Senator breaks. We don’t have to worry about with Senator STABENOW who is leading for all she is doing for the unemployed how we pay for that. this effort to remind all of us of our ob- in this country. Actually, within a couple of weeks ligations to the most vulnerable Amer- I wish to briefly quote from an e- there is going to be another version of icans—those who have lost their work newsletter we sent out from our office providing huge tax breaks for the in this economic crisis, who are look- which is sanders.senate.gov, and this is wealthiest people in this country as an- ing desperately for work. They have to what the newsletter said recently in other form of repealing the estate tax maintain their families in this very discussing the unemployment situation coming before the Congress. I wonder difficult time. Traditionally, we always in Vermont: how much concern our Republican offer extended unemployment benefits, Adrian Keyser is one of more than 200 peo- friends will have when that bill comes but memories are too short around ple who applied for eight licensed nursing as- to the floor about how we are going to sistant positions at Burlington’s Fletcher here. pay for that. Let me take my colleagues back a Allen Health Care earlier this month. She Right now, interestingly enough, has been unemployed since November. few years to March of 2002 when the un- there is no estate tax. For the first employment rate was 5.7 percent and Eight jobs, 200 people applying for time since 1916, you could be a multi- those jobs. This is what she says: we authorized extended unemployment billionaire and your family will not benefits for 2 years and 1 month. I I have been desperately seeking work. Just have to pay any taxes when you die. so many people are looking for jobs. It’s very can’t recall any great battles month to Last month, it turned out that the month about extending the benefits. I frustrating. It kind of gets on your self-es- wealthiest person in Houston, TX, a teem because you are trying so hard and can’t recall the ‘‘perils of Pauline’’ epi- nothing comes through. I know a lot of peo- gentleman named Dan Duncan, became sodes where, as soon as we finish the ple that are out of jobs right now. the first multibillionaire to pass along 30-day extension, we have to literally As Congress debates whether to extend his entire estate, estimated to be worth begin the debate on the next one be- benefits for the seriously and long-term un- $9 billion, to his family without paying cause we understand there will be five employed, an estimated 23,000 Vermonters any Federal estate taxes. or six or seven procedural delays built were jobless in April. Of those, 6,600, or 29 Now, I don’t know, I may have percent, were unemployed for 6 months or in to prevent us from doing that. missed it, but what that family would Today, we are looking at, in my longer, according to preliminary data from have been paying in Federal taxes is the Vermont Labor Department. home State of Rhode Island, 12.3 per- Thousands of Vermonters who are looking probably between $3 billion or $4 bil- cent unemployment. That is the offi- for full-time jobs are only working part- lion. That is a lot of money. That can cial numbers. The unofficial numbers time. The Labor Department estimates 24,100 provide a lot of unemployment com- are much higher because the under- are working part time, largely because jobs pensation to workers who have lost employment rate—people who are aren’t available. their jobs and are living in desperation. working part time, working odd jobs By the way, the recession has not hit Maybe my friend from Michigan, Sen- just to get by—adds significantly more Vermont as badly as it has hit many ator STABENOW, can correct me, but I people to the under- and unemployed other States, but we have just heard of don’t recall hearing any of my Repub- rolls. We have never in this country de- a situation where eight jobs were being lican friends coming to the floor and clined to extend unemployment bene- offered, and 200 people were lining up saying: Oh, my word. fits as long as the unemployment rate for those jobs. We have a huge deficit problem. Yet was at least 7.4 percent nationally. I wish to make a point about the pri- right now billionaire families are not Today, that rate is about 9.7 percent. orities of many of my Republican paying any taxes at all for the estate We are more than two percentage friends, which I don’t quite understand. tax—the first time since 1916. I don’t points above what is traditionally— When Senator STABENOW, a moment know. Did my friend from Michigan going back to the Eisenhower adminis- ago, asked for unanimous consent so hear any great laments about that cri- tration—the standard of when we can that we can provide the desperately sis? No. But when it comes to unem- sort of release and dispense with ex- needed unemployment compensation ployed workers: Oh, my word, we have tended unemployment benefits. for almost 1 million workers out there, to pay for that. By any proportion, we are in the there was an objection. The objection The last point I wish to make is I get midst of a very serious economic crisis. was, well, we have to pay for that. We a little bit tired of being lectured by What we have done routinely is extend have a large deficit. our Republican friends for the deficit unemployment benefits. Yet, we have I understand we have a large deficit we are in. Let’s go over how we got to had fierce opposition. Even in those and that we have a large national debt, the deficit—or a good part of the def- times when we have been able to ex- but what I don’t understand is that icit—right now. I voted against going tend them, it has been after numerous when it comes to tax breaks for billion- to the war in Iraq. Most, or all, of my procedural votes. That was not the sit- aires, my word, we don’t have to pay Republican friends voted for it. That uation in other administrations—Ei- for that. war will cost approximately $3 trillion senhower, Nixon, Kennedy, Clinton ad- My understanding is that every mem- by the time the last veteran gets the ministration, and the most recent Bush ber of the Republican caucus without benefits he or she is entitled to. They administration.

VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.047 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5251 The reason, as my colleague from Mr. SCHUMER. Mr. President, I com- here is what he does every week: Sun- Vermont so passionately and elo- pliment my friend and colleague, Sen- day night, he gets in his car and drives quently pointed out, was we have to ator STABENOW from Michigan, not to Virginia, looks for a job in Virginia get hold of the deficit. Well, we are the only for putting this together but for on Monday. Tuesday, he goes to the people who got hold of the deficit. I can being a clarion voice to the American Washington area. Wednesday, he goes recall being a rather junior Member of people. She is one of those—and it is to Baltimore. Thursday, he goes to the House of Representatives and vot- sometimes all too rare here—who talks Philadelphia. Friday, he goes to New ing for President Clinton’s proposal, through all the miasma and the fog, York City. And late Friday night, he with not one Republican vote in the and all the barriers, directly to the av- drives home. Then he starts the process House or the Senate. Yet, that policy, erage American. That is a rare talent again on Sunday night. He still cannot together with the monetary policy of and one that she shows repeatedly. I find work. He is desperate for work. He the Federal Reserve, resulted several thank her for that. told me that now his children keep years later in a budget surplus. Then I want to follow up on something my asking about the family’s livelihood, President George Walker Bush walked colleague from Rhode Island just men- because he is the breadwinner. into Washington with a $236 billion tioned, Senator REED, which is this Are we going to cut Clay and his fam- budget surplus. But it weighed heavy. idea that people don’t want to work, ily off? Are we going to tell those chil- President Bush felt that he had to and if we extend their unemployment dren to go on welfare? This is a proud move that money out as quick as pos- benefits, we are going to develop a lazy man and a proud family. To cut off sible through significant tax cuts, class of people. benefits will affect 67,000 people in New which benefited the wealthiest Ameri- Let me tell you my experience. It is York State; 60,000 will lose their bene- cans. Part of that tax bill was the es- not that the rate of unemployment is fits and another 6,000 to 7,000 will be tate tax, which has been dispensed with the highest it has been since World War prevented from moving to tiers. It is this year—a tax on the books since II, although it is far too high. That du- wrong. It doesn’t look at the problem 1916. bious honor goes to 1982, when it was as is and is virtually inhumane and not All of that dissipated, undercut the 10.8 percent in that recession. The dif- part of the great tradition we have es- surplus, and now we are in a significant ference with this recession is that peo- tablished in this country. I hope we deficit. Add the cost of the war in Iraq ple are employed for a much longer pe- will be able to pass this bill. I hope peo- and other operations, and the cost of riod of time and, second, it goes way up ple such as Dorothy and Clay will not the Part D Medicare entitlement pro- into the middle class and upper middle be cut off as they desperately look for gram that left many seniors without class—people who have worked hard work. coverage—unpaid for, but a huge boon their whole lives. I yield the floor. to the drug industry—all of that was on When I go around my State, I often The PRESIDING OFFICER. The Sen- their watch. Now, suddenly, they are meet with the unemployed. I make a ator from Michigan. deficit hawks again. It doesn’t ring special effort to sit down and talk to Ms. STABENOW. Mr. President, I true to people out there who are des- them. I want to share a story or two, in thank my friend from New York for perately looking for work and need case anybody is unconvinced of the an- those very stirring words about the families he talked with. I think all of something to support them. guish they go through and their desire us can relate to that, as he was talking There is also a very pernicious sort of to find work. argument that is made—sometimes be- I met a woman upstate named Doro- about someone from New York each tween the lines and sometimes explic- thy, from the Rochester area. She was day going to a different city and State itly—that people want to be on unem- about 50, not married and spent her to look for work. I go back home every weekend. I go ployment because they are doing much whole life in her company. It was her home Fridays and come back on Mon- better, and they are inherently lazy life. She had risen to be the third high- days. I am very frequently now on a and they want to collect that money. est person in the human resources de- plane with somebody who is coming to In Rhode Island, unemployment bene- partment at Xerox, which had a big work in DC—or to look for work—from fits are about $360 a week, or about plant over in Webster. She lost her job $15,000 a year. That doesn’t buy much Michigan. Every week they are going in May of 2008. My guess is—she never back and forth. People are willing to in terms of gasoline, in terms of food said how much she made—it was prob- for your family; and it doesn’t take get on planes to find jobs and to work. ably between $80,000 and $100,000 a care of those bills, such as a health People are getting on planes now from year—a nice salary. She told me that care bill that comes up, or tuition, if Michigan and going across the country. every day—I met her January 2010, or you are trying to send your children to I have talked to people who go from approximately then—she went online school. one end of the country to another on One of the phenomenons today of this to look for another job—day after day an airplane because they want to work. economic crisis is that it is not just af- after day. She still had not gotten a People want to work. fecting young workers entering the job. It was very poignant when she told The idea that somehow we should workforce, or transient workers, those me, with tears in her eyes, almost drip- treat this economic recession dif- who have a record of working and being ping down her cheeks—she said that ferently than any other recession in laid off; this is hitting at people in the first thing she did when she woke the history of our country—different their forties and fifties, who have had up Christmas morning was not go to than any other Republican President good, hard, high-paying jobs, relatively church or to visit her family but, rath- or any other Democratic President, speaking, who have a mortgage and are er, she went online for 2 hours, in the any other Republican Congress or any trying to send children to college. hope that there might be a job that had other Democratic Congress, by some- That, unfortunately, is the face too been posted the night before, Christ- how saying we are not going to cat- often of unemployment today in the mas Eve, and no one else would be egorize it as an emergency—which it United States. Those people want to going online and looking for the job is—to make that change, which is what live on $360 a week, and they don’t then and she could get first dibs. Is this we are talking about here on our side want to work? I think that is nonsense. a lady who is in the habit of laziness, of with our colleagues—to make that We have to extend unemployment ben- wishing to get $350 or $400 a week in change, to allow that to happen would efits. We always have in the past, and unemployment benefits? Absolutely be to say to these individuals that we we have to do it now. not. She is looking every day. do not understand what is happening in I yield the floor. I met a man named Clay. Unlike their lives. The PRESIDING OFFICER (Mr. Dorothy, he was a blue collar worker. I want to take the final couple of mo- BURRIS). The Senator from Michigan. He had six children. His wife didn’t ments of my time, before yielding to Ms. STABENOW. Mr. President, I work. He is the only breadwinner in colleagues, to read a couple more let- yield 5 minutes to the senior Senator the family. The children were ages 2 to ters. One is from Susan from Grand from New York, and I thank him for 14. He had ridden to the top of his trade Rapids, who writes: his passionate leadership on behalf of in the machine tools area. He lost his My husband has been out of work since our country. job in the summer of 2008. He said that September of 2009. His benefits will expire

VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.049 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5252 CONGRESSIONAL RECORD — SENATE June 22, 2010 soon. He has worked all his life, since he was hold a bachelor’s degree. I have been looking the motion to reconsider be laid upon 13 and he had a paper route. He is a veteran. for a job for the past year. At times, I have the table. We are 60 years old now. He applies for jobs been encouraged by success in assessment The PRESIDING OFFICER. Is there every [single] day. He has a Bachelor of testing and interviews I’ve completed, but I objection? Science Degree and has worked for the past always seem to lose out in the end. I have Ms. STABENOW. Reserving the right 20 years in the construction industry. He has taken classes to brush up on my job search to object. had one interview. One. Out of hundreds of skills and believe I do well with my resume The PRESIDING OFFICER. The Sen- jobs he has applied for, not just in Michigan and in interviews. I even enrolled and paid but all over the [country]. Please help us by for a course to assist me in getting an HR ator from Michigan. extending the Federal unemployment ben- certification to make me more marketable. Ms. STABENOW. I certainly under- efit. I am frightened that we will lose our However, I am 56, and the fact is that in this stand the concern about this particular house. Sixty year old people should not have economy— program. This is something I support, to be frightened of becoming homeless [in The PRESIDING OFFICER. The Sen- and it is, in fact, in the broader jobs this country]. This is something you can do ator’s time has expired. bill we have. Hopefully, within the next right now for hundreds of thousands of des- Ms. STABENOW. If I may have 30 2 days, we will get another vote to perate people. Not a fix for future but help- complete this along with unemploy- ing the people that are struggling right now. more seconds to complete the sentence. The PRESIDING OFFICER. Without ment benefits. That is what this is about. Tonight, objection, it is so ordered. Given the fact that we are still in a we can fix this by getting unanimous Ms. STABENOW. She said: situation where we have almost 1 mil- consent to do what every other White lion people whose unemployment bene- House and Congress has done—to de- I am 56 . . . and employers are opting for the person with a master’s degree—or frank- fits are running out and that is not in- clare that this is an emergency and ly, someone younger . . . I am a hard worker, cluded in this request, I have to object. fund this as an emergency, as we have intelligent, efficient, trustworthy, honest, The PRESIDING OFFICER. Objec- done year after year after year in this dependable and upbeat. tion is heard. country, given what is happening to Mr. President, these are the folks we Mr. ALEXANDER. Mr. President, I millions of people in this country. are talking about and for whom we are am deeply disappointed. What I have We care about the deficit. Some of us fighting this evening. done is ask to extend the Flood Insur- have voted to eliminate the deficit, as I yield the floor. ance Program so that Tennesseans who we voted for balanced budgets and put The PRESIDING OFFICER. The Sen- are recovering from the worst natural ourselves into a situation of economic ator from Tennessee is recognized. disaster since President Obama took prosperity under the Clinton adminis- Mr. ALEXANDER. Mr. President, I office could qualify for flood insurance tration, before it was wiped out in the have listened very carefully to my good so they could get their loans so they last administration with deficit spend- friend from Michigan. It is puzzling to could operate their businesses again. This does not add a penny to the ing. But in caring about deficits, it is me to hear her say what she said be- debt. The money is there; the author- important to emphasize that we will cause she voted against the amend- ity to do it is not. If you are in Rhode never get out of deficit with over 15 ment by Senator THUNE last week Island, if you are in Tennessee, if you million people out of work or 20 mil- which would have extended the expir- are in New Orleans, if you are in any lion or whatever the real number is. We ing unemployment provisions until No- other place where you are waiting for will never get out of deficit with that vember and not added a penny to the flood insurance, you should know that many people not working and contrib- debt. I want to say more about that in Republicans just asked to extend the uting. We will never get out of deficit, a minute. Flood Insurance Program so you could which is why we focus on jobs. What we are arguing about, what the buy insurance, and Democrats just ob- We have a jobs bill in front of us. So debate is about is we want to extend jected. far not one Republican colleague—not unemployment insurance. We want to one—has voted with us on this jobs bill That is a very simple request. It does make sure the State and local tax de- not add a penny to the debt. It is deep- to create jobs, to invest to create cap- ductions continue. We want to make ital for manufacturers and small busi- ly disturbing to me this cannot be done sure tuition deduction and the various in a simple way. nesses, to invest in innovation and, disaster relief credits and the research Tennesseans have not been looting yes, to help those who are currently and development tax credits all stay in and complaining despite the fact the without a job through no fault of their place. But we want to make sure it is flood of 2010, as I said, was the largest own. So far not one Republican col- done without adding to a Federal debt natural disaster since President Obama league has been willing to join with us. that we believe is out of control. took office. Nashville alone had $2 bil- We are desperately concerned about UNANIMOUS CONSENT REQUEST—S. 3347 lion of damage, maybe more than that. the almost 1 million Americans who Mr. President, before I speak about There were 45 counties the President lost their jobs and now are losing their that issue, I wish to make a request eventually declared disaster areas. He unemployment benefits. We are simply which I hope is a request to which my declared other counties as disaster saying it is time to extend those bene- colleagues could all agree. It is a bipar- areas because of agricultural crops fits and to understand what is hap- tisan request on behalf of myself, Sen- that were washed out. Thousands of pening to people all over this country ator NELSON of Nebraska, and Senator homes in Nashville alone—people lost who have worked hard and played by VITTER of Louisiana to extend the everything in their basements. That the rules and find themselves in a situ- Flood Insurance Program in Tennessee. means their heating and cooling and ation where the world is just tumbling The largest natural disaster since all of that equipment. But in many down around them—just tumbling President Obama took office is the places, in Bellevue, in Nashville, in down around them—no matter how flood of 2010 in Tennessee and a very Millington outside of Memphis, in hard they are looking and trying to severe flood in Rhode Island too. Clarksville, TN, they lost much more find work. On June 1, the Flood Insurance Pro- than that. Twenty-nine people lost Claudia from Commerce Township: gram expired. This request I am about their lives in this flood—29 people. This I worked hard all my life and this is the to make would permit that to be rein- was a huge natural disaster. first time I have ever had to accept unem- stated so small businesspeople could The President did not ask for extra ployment benefits to help me get by. Believe me, I do not want to be in this situation . . . get flood insurance and get their loans. funds for Tennessee. No one is com- I would like nothing more than to be work- I will speak more about it in just a plaining about that either. FEMA has ing again. I was laid off in January of 2009 minute. done a good job with what it has done, from a company that lost multiple contracts Mr. President, I ask unanimous con- but what good does it do for FEMA to with the automotive manufacturers and fell sent that the Senate proceed to the im- be on the site and available, for small on hard times. mediate consideration of Calendar No. business loans to be available, and for A lot of folks in Michigan are in this 372, S. 3347, a bill that extends the Na- flood insurance money to be available, story. tional Flood Insurance Program and for Congress to object to a unani- I have a great deal of experience in my through December 31, 2010; that the bill mous consent request to allow new field of expertise (Human Resources) and I be read a third time and passed, and policies to be written?

VerDate Mar 15 2010 03:01 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.049 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5253 I am deeply disappointed. Let me ad- and jobs are up. But not in the small sure, and I know across this country a dress a couple of other things I heard towns of Tennessee and not in the growing number of Americans are say- said on the floor of the Senate tonight. small towns across this country, people ing this national debt is a serious cri- I heard some talk about jobs. From are out of work. They are out of work sis. So we are grateful to the Senator our point of view, the American people because of higher taxes, higher debt, from South Dakota and to others who are concerned about jobs, debt, and ter- higher spending, too many Washington recognize the real needs of this coun- ror. That is why the ferment in the takeovers, too much focus on more try, whether it is unemployment com- country. That is why the people think government jobs, and not enough focus pensation, whether it is flood insur- the country is headed in the wrong di- on an environment in which to create ance, or whether it is important for rection. Jobs, debt, and terror. We have more private sector jobs. doctors to be properly paid, reimbursed 10-percent unemployment. If we con- I mentioned a little earlier there was for dealing with Medicare payments. tinue to grow at the rate we grew in talk earlier about the unemployment We can afford that in this country, but the first quarter, we will be at 10-per- provisions we want to be extended. we need to pay for it. We need to do it cent unemployment in the last quarter Senator THUNE will be here in a few without adding to the debt. of this year. Jobs, debt, and terror. minutes to talk about his amendment So I am deeply disappointed that Why do we have fewer jobs? Why do he offered last week on June 17. Democratic Senators have objected to- we have 10-percent unemployment? The Let’s be very clear. The Thune night to providing flood insurance to distinguished Senator from Michigan amendment, which every Republican Nashvillians and other Tennesseans talks about Republican actions, but I voted for and attracted a Democratic who need it. The money is here; the au- am thinking about what the Democrats vote but Democrats voted it down, thority is not. It could have been given have been doing the last year and a would have extended the expiring em- tonight. We could have passed it. Ten- half. Every step they seem to take ployment provisions until November. It nesseans aren’t looting or complaining; talks about jobs but causes us to have would have extended for 1 year dozens they are helping each other and clean- fewer jobs. For example, take the of tax provisions. It would have ex- ing up. This is an unfortunate slap in health care law which was passed in tended the State and local tax deduc- the face to Americans who are helping this Chamber by a purely partisan tion, the tuition deduction, the various themselves get out of trouble, and I re- vote. The health care law taxes job cre- disaster relief credits, the flood insur- gret that it happened. ators and investors. That means fewer ance provision that was just objected I yield the floor. jobs. to. It would increase the payment the The PRESIDING OFFICER. The Sen- The financial regulation bill that is government makes to doctors for treat- ator from South Dakota. being debated today, passing in a par- ing Medicare patients. UNANIMOUS CONSENT REQUEST—H.R. 4853 The American Medical Association tisan way, puts higher tax rates on Mr. THUNE. Mr. President, I ask said a little earlier this week that 30 small business owners. Higher tax rates unanimous consent that the Senate percent of doctors, family physicians, on small business owners means fewer proceed to the immediate consider- will not see new Medicare patients. jobs. ation of H.R. 4853; that all after the en- The debt is going up. That is the real This would have taken care of that. I see the Senator from South Dakota acting clause be stricken and the text argument we are having. We reached on the Senate floor, and I am sure he of the Thune amendment 4376 be in- $13 trillion. There are various ways to will speak more to that when he has serted; that the bill, as amended, be describe what has happened, but one the opportunity. read a third time and passed, and the way to describe it is this: All the Presi- In my concluding remarks, let me motion to reconsider be laid upon the dents from George Washington to say one word about debt and spending. table. George W. Bush ran up a debt of about Our policies, the policies of this Con- The PRESIDING OFFICER. Is there $5.8 trillion. President Obama, in his gress and this government, are short- objection? two terms—if he has two terms—is changing our children. The Democrats’ Ms. STABENOW. Reserving the right going to double that debt all by him- runaway spending and debt is a serious to object, Mr. President, my col- self. That is what his budgets say. Dou- crisis ruining the future of our chil- league’s proposal takes money out of bling the debt in 5 years and nearly tri- dren. That is why we do not want to job creation to pay for helping people pling the debt in 10 years means less pass even an unemployment compensa- who are out of work. One of the provi- credit, higher interest rates, less cap- tion bill that adds to the debt. We want sions in his proposal would take $37.5 ital, and fewer jobs. to pass it, but we want to make sure it billion away from creating jobs in The financial regulation bill I just does not add to the debt. order to create help for the unem- discussed—one can watch it being dealt Why do I say it piles up a debt on our ployed and then create more people with during the day on television. If children? In January of 2009—if you di- who are unemployed. So I regret to say one listens carefully to what is being vide the national debt across each child I will have to object to this request. said, it amounts to a Washington take- under 18, in January of 2009 each child’s The PRESIDING OFFICER. Objec- over of Main Street credit; another big debt was $85,000. By June of 2010, it was tion is heard. Washington agency telling banks and $114,000. By January of 2017, it will be Mr. THUNE. Mr. President, I would credit unions, automobile retailers, $196,000. Because of budgets—and these like to speak to the amendment I just and dentists what to do about credit. are the budgets proposed by a Demo- proffered to the other side which was What is the inevitable result? They cratic President—during the next 7 objected to. are going to shrink away from pro- years, each child’s share of the na- I think there is a consensus in the viding that credit. It is going to be tional debt will more than double, Senate that we need to fix some of harder to get a loan, harder to get going from $85,000 to $196,000. these problems we are facing, one of credit, so this financial regulation bill, Here is another way to think about which is the expiration of unemploy- which was supposed to be tough on it. All the Presidents combined from ment insurance for people who are un- Wall Street, is going to be hard on George Washington to George W. Bush employed. There are a lot of tax provi- Main Street because it means fewer took 232 years to build up a $5.8 trillion sions that are expiring that need to be jobs. debt. President Obama’s budgets will extended, things such as the research When it comes to jobs, the difference double that debt in 5 years and triple it and development tax credit, which is between our friends on the other side in 10. What that means is all 43 Presi- critical to innovation and competitive- and the Republicans on this side is that dents combined, from George Wash- ness in this country, and a whole range we are focused on creating an environ- ington to George Bush, ran up a $5.8 of other tax credits which affect a ment for growing private sector jobs. trillion debt in 232 years. In 8 years, broad range of our economy. They are focused on creating more gov- President Obama will add twice that Also, I believe it is important that ernment jobs. About the only place the much to the national debt, tripling the we provide some certainty to people job creation plans and stimulus plans debt. who depend upon Federal policy, and they have enacted are working are in We on this side of the aisle and a one of those groups would be the physi- Washington, DC, where incomes are up growing number of Democrats, I am cians in this country who rely upon

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Obviously, physicians have health care and certainly doesn’t do So here we are today debating yet been facing—up until last week—a 21- anything consequential to reduce again another measure that will add percent cut. That was addressed for 6 health care costs. I think most Ameri- more to the Federal debt, that will im- months, so we have fixed that. We have cans now realize, as insurance pre- pose taxes on small businesses in our dealt with it for 6 months. Obviously, miums continue to go up and as the economy at a time when they are try- that is an issue that will come up Actuary and the Congressional Budget ing to get some momentum to help again. What my amendment would Office and the Joint Tax Committee all churn us out of this recession, get us have done was to solve that issue not attest to the fact, we are going to see back to where we are creating jobs and just for the next 6 months but to the the cost curve bend up, not down, as a to a period of economic growth. All we end of the year 2012. So physicians in result of the passage of health care re- are doing is piling new taxes on them— this country would have gotten an ad- form. This is a $21⁄2 trillion expansion taxes on investment, taxes on small ditional 2 years of relief, so to speak, over a 10-year period, when it is fully businesses, and taxes, of course, with with regard to their reimbursement. implemented. the recent passage of the health care So I would suggest that inasmuch as That is a massive new entitlement bill, literally on everybody because all these are all things we agree need to be program on top of the entitlement pro- those tax increases are going to get done, the real basic disagreement here grams that are already bearing down passed on to the American consumer. revolves around how do we do that. on us and leading us toward a situation So where are we? Here is where we What the other side has put forward where, in a very few years if we don’t are. There are a number of things that is a series of proposals, starting with take some serious steps, this country is can be done that would do what the the first one, that had $70 billion in tax going to be bankrupt. We are going to other side wants to do—to pay for the increases and almost $80 billion added be belly-up. It is as simple as that. You extension of unemployment benefits. to the Federal debt. The last proposal cannot continue to sustain trillion-dol- One of those things would be that we that was put forward by the Demo- lar deficits year after year after year, could save the necessary amount of cratic majority had $50 billion in tax which is what we are facing for the money to pay for this now. increases and $55 billion added to the foreseeable and long-term future, and The cost of extending unemployment Federal debt. We hope that this week expect that we are not going to com- benefits in the Democratic proposal, by we are going to see that slim down pletely drive this country into the the way, is $33 billion. That is a sub- even further, and I would suggest we ditch. stantial amount of money, but there are making progress in the right direc- So the amendment I offer pays for are many ways in which that could be tion. But I think it is still fair to say things. It says: Let’s change the way paid for, all of which were included in these things need to be paid for. we do things around here. Let’s quit my amendment last week, but let me As many of my colleagues have handing the bill to our children and suggest a couple of discrete parts of pointed out, we have $13 trillion in debt grandchildren. Let’s quit putting it on that amendment that might be that we owe. That includes debt that is the credit card and saying to the next stripped out and used to pay just for owed between governmental agencies— generation: You pay this. the unemployment insurance. we call that intergovernmental debt— There is certainly nothing wrong We can pay for the extension of the as well as debt held by the public. If with the things the other side is trying unemployment benefits by returning you can find it, the debt held just by to accomplish. As I said, I think there unspent stimulus funds, which would the public is about $8.6 trillion. But re- is consensus about addressing these se- save $34.5 billion. So the $33 billion in member, we are talking about trillions rious needs in our economy right now. unemployment benefits that need to be and trillions of dollars. But the difference of opinion exists extended to people who have lost jobs As my colleague from Tennessee just here about, how do you do that? We are in the recession could be paid for by re- pointed out, it took 43 Presidents 232 simply saying: Let’s pay for things. turning unspent stimulus funds to the years to get to $5.8 trillion. The Let’s start doing something different tune of $34.5 billion. So there would be amount of debt we compiled and accu- here in Washington. Let’s do what the enough to pay for the unemployment mulated between 1776 and 2008—232 American family has to do, what the benefits and some left over. years of American history—was $5.8 American small businesses have to do. It could also be paid for through a 5- trillion. Now, under this President’s Let’s pay for things, for crying out percent cut to the 2010 appropriations budget, we will equal that amount in loud. That is what my amendment and an expansion of the affordability the next 5 years and double it in 10. In would do. It would say: Here are some exemption to the individual mandate other words, we will double the Federal ways we can shave some savings and in the health care reform law, which debt today in 5 years and triple it in 10. we can cut spending here in Wash- together would save $33.5 billion. So That is an astounding number. If you ington, DC, and do all these things we that would give the $33 billion that think about all of American history up think we ought to do without adding to would be necessary to pay for the ex- until the year 2008—232 years and 43 the debt and without raising taxes in tension of unemployment benefits. Presidents to get to $5.8 trillion—we the process. Alternatively, it could be paid for are going to double that amount in 5 A few months back, here in the Sen- with the rescission of other unspent years and triple it in 10. Staggering. ate, we passed legislation which was la- Federal funds, which would pay for it Under this new administration, we beled as historic and passed to great by saving $56 billion. So you could take have already racked up enormous fanfare. It was called pay-go legisla- care of the unemployment benefits, amounts of new debt because we added tion, and it created pay-go rules that you would have $33 billion that is nec- $1 trillion to the debt to pay for a stim- suggested that from now on we are essary to pay for that and $23 billion ulus bill which has not shown any evi- going to start paying for things. What left over, hopefully to be put toward dence of job creation other than jobs has happened since the passage of pay- the Federal debt, which would be the that have been created here in Wash- go? The Senate has approved, if you best thing we could do for our children ington, DC, at the Federal Government count the not-paid-for portions of the and grandchildren. level. I think you could argue that bill that is on the floor right now—of Finally, it could also be paid for with Washington’s economy has benefited course, that hasn’t been approved yet, the inclusion in this bill of medical because we have created some govern- but assuming it were—nearly $200 bil- malpractice reform, which was also in- ment jobs, most of which are tem- lion of new debt. From the time we cluded in my amendment last week. porary census jobs. But if you look at said we are going to start paying for That would save about $50 billion. So the overall job statistics, we have lost things, which was a few short months you would have $50 billion to pay for

VerDate Mar 15 2010 03:22 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.052 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5255 the $33 billion in unemployment bene- No, I object, and here is why. And the physician fee issue, not just until No- fits and have $17 billion left over to put reason is because we believe in a very vember of this year but for another 2 toward the Federal debt, which again straightforward way that we ought to years beyond that, to the end of the would be the best thing we could do for start doing what I think the American year 2012. It would have addressed the our children and grandchildren. people expect of us, and that is for us issue of the expiring tax provisions So all these arguments that are made to live within our means in the same which we are all concerned about. It is by my Democratic colleagues that way they do. an important tax policy that needs to these things are Draconian just aren’t Unfortunately, regrettably, today, be extended that has expired and needs true. These are commonsense things that is not what is happening here in to be addressed. Also, as I said earlier, that would give us the necessary re- the Congress. Year over year over year, there is of course the issue before us sources to take care of the problem we continue to spend and spend and this evening of unemployment benefits that is in front of us today but do it in spend and borrow and borrow and bor- which, at a cost of $33 billion, could a way that doesn’t add billions and bil- row like there is no tomorrow. Well, easily be offset by any of a number of lions of dollars to the Federal debt, ex- the chickens are going to come home things I suggested this evening. acerbating what is already a very seri- to roost. Someday, the bills have to be I see my colleague from Utah has ar- ous circumstance facing our children paid. People where I come from in rived on the floor. I know he too has an and grandchildren, which the Senator South Dakota understand that. There amendment he wishes to offer that I from Tennessee did a very good job of is no free lunch. When you borrow think makes a lot of sense. When it outlining. If you are a child under 18 in money, it has to be paid back. You comes to creating jobs, he is someone America today, the amount of debt you can’t spend money you don’t have. with a small business background and own is about $85,000. By the year 2017, Those are all things that are hap- understands what job creation is about that is going to be $196,000. So if you pening here in Washington, DC today. and I understand he will have a request are a young person in America today We are spending money we don’t have he will make of our colleagues on the who is under the age of 18, your share and we are borrowing money we don’t other side as well, so at this point I of the Federal debt is $85,000. Ten years have any idea about how we are going yield the remainder of my time. from now, that will be $196,000—in fact, to pay it back. All we are simply doing The PRESIDING OFFICER. The Sen- less than 10 years from now; in the year is giving it to the next generation so ator from Utah is recognized. 2017. they will have a bill facing them and a Mr. BENNETT. Mr. President, I I think all that leaves us with a very future that will shackle them with thank my colleague from South Da- clear choice when it comes to how we debt that they will be dealing with for kota for the comments he has made solve problems here in Congress, here their lifetimes and probably the lives and appreciate the time he put into in the Senate, and how we deal with of their children and grandchildren as this effort. the immediate question before us this well. We are talking about jobs. That is evening: How do we extend unemploy- By way of illustration, because I the issue. The House bill, H.R. 4853, has ment benefits to those who have lost think it is important to put things into to do with taxes that would supposedly jobs in the recession? perspective—sometimes I think it is increase the number of jobs. In that at- The other side has come forward with very difficult to come to grips with mosphere, I wish to revisit the Main a proposal, again with billions and bil- what is $1 billion, what is $1 million, Street Revitalization Act of 2010 which lions and billions of dollars that are what is $1 trillion. I tried to break that I offered some time ago, which has to not paid for, and that does go on the down, to put it in perspective for my- do with small business and tax activi- debt and that does get passed on to our self so I can understand a little better ties with respect to small businesses. children and grandchildren. what we are talking about. The num- Let me remind the Senate that small What we are offering are some com- bers, the number of zeros on the end of businesses are the economic engine of monsense ways, which means the Con- that number, can be almost mind bog- our economy. Historically, small busi- gress and the Federal Government may gling to the average person in this nesses have been responsible for all of have to live on a little bit less. They country. Most of us are not used to the net new job creation in the United are things that would require the Fed- dealing with numbers that are in that States. At times when large businesses eral Government to go on a diet, if you ballpark of $1 trillion. downsize, small businesses grow. Many will, in the same way the American What a trillion seconds is—if you times, small businesses are created by people are having to go on a diet. The took a trillion seconds, what would people who have lost their jobs with American people are being asked, be- that translate into, by way of illustra- the large business and, in an effort to cause of this tough economy, to make tion and example—a trillion seconds, if find someplace to find work, they cre- hard choices with regard to their fam- you broke that down into years, would ate businesses of their own. I have had ily budgets, with regard to their indi- be almost 31,000 years; 31,746 years is that experience. I have lost my job and vidual and personal lifestyles, with re- what a trillion second is. If you take $1 said, somewhat facetiously but with gard to their businesses. Everybody in trillion and you make a second a dollar more accuracy, I had to start my own this country is having to make deci- and try to put it into terms I think the business because nobody else would sions about cutting back a little bit. average American can understand, a hire me. Many of the businesses I start- We could address this issue by just ask- trillion seconds represents 31,746 years. ed or was involved with failed, but ing the Federal Government to take a Since most of us here are probably enough of them succeeded that we were little bit of a haircut, put the Federal not going to live much more than 80 able to create jobs, not only for me but Government on a little bit of a diet. We years—hopefully if we are lucky, we for all of the other people who were in- can achieve the savings necessary to will live beyond that. Most of us here volved with me. pay for the proposal that is before us. are going to live under 100 years. When When I was the CEO of a business Again, as I said, $33 billion fixes the you talk about a trillion seconds, that started out with four—I was the unemployment benefit issue, and I which in the last—we have seen about fifth employee hired—we took it ulti- have just named four ways that could 15 seconds pass here, and you add that mately to the New York Stock Ex- be paid for, with money left over that up to a trillion, that is 31,746 years. change and hired 4,000 people. This was could be put toward the Federal debts. Think about what $1 trillion rep- a demonstration of what could happen That is what this is about. That is resents, how much that is, the scale, with small businesses. With that busi- what the discussion here is. This is the dimension we are talking about ness I was able to overcome all of the very straightforward. and what we are doing to future gen- financial losses that occurred in the My colleagues on the other side have erations of Americans if we do not businesses I started that didn’t work. come up here this evening and will con- start taking the steps that are nec- As I pointed out before, we did that tinue to offer unanimous consent re- essary to pay the bills around here. during what the New York Times has quests to go ahead and do this but not This amendment I offered and that called the decade of greed, because that pay for it, and people on our side are was objected to by the other side would was the period when Ronald Reagan getting up and saying: Wait a minute. have done that. It would have fixed the was President and the top marginal tax

VerDate Mar 15 2010 03:22 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.053 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5256 CONGRESSIONAL RECORD — SENATE June 22, 2010 rate was 28 percent. I understand the say, for businesses with average gross I have a lot of potential business . . . but impact of a tax rate at 28 percent be- income less than $5 million—genuinely may need to shut the business down and lay- cause we financed that business with a small business. off the rest of the workers, due to lack of internally generated funds. Yes, we had No. 2, the bill expands the definition funding. a line at the bank but we didn’t sell of section 179 expensing to include I believe the tax provisions that are stock—because I am not sure anybody structural changes to the physical in my bill would make it possible, or would have bought it. We got to keep property and it makes the current easier at least, for this particular small 72 cents out of every dollar we earned $250,000 deduction limit permanent. businessman to find the funding he during the decade of greed. That is Again, you are starting the business. needs and to hire those additional peo- what allowed us to go from 4 jobs to You have earned some money. You ple he talks about. His business plan is 4,000 jobs over about that 10-year pe- have had to put that money into a sound but his financial circumstance is riod. physical improvement on your prop- very difficult. What this letter tells me, and my Today the top marginal rate, when erty. But the tax man says I want it in own observation elsewhere, is that the you add the additions that have been cash. You can’t do it, you can’t make stimulus that was supposed to save our made with respect to the Medicare the business grow without investing it economy has not gotten down to small taxes, is over 40 percent, a very signifi- in your property. We expand the defini- business one bit. This is exactly why I cant increase from the 28 percent we tion of this expensing so that you get a opposed the stimulus bill in the first had during the time the New York tax advantage there. place. Most of it has been spent in pub- Times was so scandalized by the fact No. 3, there is, under current law, a lic arenas and has not hit the small that small businesses were not taxed startup cost deduction of $5,000. That is business world. The Main Street Revi- enough. I can tell you they are not fine but it is not enough in today’s world to make a difference for a busi- talization Act will help enable this only taxed enough now, they are taxed company to quickly and efficiently ac- too much. This recession has hit small ness to survive. My bill would increase the current startup cost deduction cess the capital they need to keep the businesses particularly hard. business running, create new jobs, and One of the problems dealing with the from $5,000 to $20,000. This would en- eventually help them grow and expand. challenge of creating a small business courage entrepreneurs to invest now UNANIMOUS CONSENT REQUEST—H.R. 4853 as you try to get capital is not just the rather than wait for the economy to With that background in mind, I ask higher tax rate but a lack of certainty improve. This says we will exempt this unanimous consent that the Senate in the capital marketplace. Unfortu- amount up to $20,000. It will produce a proceed to the immediate consider- nately, this lack of certainty has been significant increase in the number of ation of H.R. 4853, that all after the en- exacerbated by some of the activities small businesses. Nationally there are 5 million to 6 acting clause be stricken and the text of this administration. of S. 3083 be inserted; that the bill as My bill, the Main Street Revitaliza- million small businesses that would amended be read a third time and tion Act, tries to address these issues qualify and benefit from this bill. In Utah we have done the examination. It passed, the motion to reconsider be and make a circumstance where a busi- would be about 70,000 small businesses. laid upon the table. ness can have a degree of certainty If the 70,000 small businesses that The PRESIDING OFFICER. Is there with respect to their tax position and would benefit from this would each objection? an opportunity to grow the business in hire one additional person, that is Ms. STABENOW. Mr. President, re- an atmosphere that will move a little 70,000 more jobs in the State of Utah. If serving the right to object, I first com- closer to that atmosphere with which I they were to hire two additional per- mend my friend from Utah for speaking was so familiar during the Reagan sons, that would be 140,000 new jobs, about small business. This is some- years. There are three targeted tax which is more than the national in- thing that we share a very strong pas- breaks in my bill that I wish to talk crease in hiring that occurred last sion regarding. In fact, we are oper- about in detail. month. It is not a big deal, one em- ating right now under some small busi- The first one provides a 10-year net ployee per business, if we adopt this ness reforms that have already been operating loss carryback provision for bill. It would be a very big deal for the passed this year and a 5-year net loss qualifying businesses whose average impact on the economy as a whole. operating carryback—not the 10 years gross incomes are $5 million or less. Because it is for only businesses with my friend has talked about, but we One of the things you learn when you revenues of $5 million or less, we can be have begun that with 5 years. start a small business is that the only sure this is not going to be something The section 179 expensing was passed thing slightly better, but still bad, for that big business is going to take ad- in the jobs bill, which is very impor- a small business is earning a profit. vantage of. We can be sure that all of tant. I am hopeful we will be able to The worst thing, of course, is a loss. the concern about bailout of large cor- join together on a bipartisan basis But as soon as you earn a profit the tax porations—it does not apply; my bill when our leaders bring to the floor a man shows up and says ‘‘I want mine.’’ would not make any impact at all on small business bill that will exempt I want my 28 percent, if you are in the that end of the economy. capital gains for small business, in- Reagan years. I want my 42 percent I have a small business owner in crease the availability of loans, and now in the Obama years. Utah who wrote me a letter with re- that we might work together on the But I haven’t got the cash, you say, spect to all of his challenges. Let me other provisions that my friend has if you are running a small business. I share with you some of the points he suggested from his bill. can’t pay the taxes. That money I have made in his letter that I think apply. At this point, I will object but look shown on a profit and loss statement is He said: forward to working with him on these tied up in inventory and accounts re- I own a small business here in Utah . . . very important measures. ceivable. that had employed 20 people and now I am The PRESIDING OFFICER. Objec- No, says the tax man, I want it now down to 4 people, as I cannot get financing. tion is heard. and I want it in cash. I have put close to $2 million into tech- Mr. BENNETT. Mr. President, I If you have a net operating loss nology development and we are ready to thank the Senator from Michigan for carryback, you can say let me go back launch, but we have run out of funds and her spirit of cooperation. I am sorry can’t find investor groups . . . willing to and take those years in which we were take a risk. she is required to object. I must con- not earning a profit and apply them, I would hire 25 to 30 new people if I could fess, I am not particularly surprised. average them in with this time when receive the funding that I need to launch my But I appreciate the opportunity to we have started to earn a profit and product. Banks won’t lend, people are hold- have this discussion and deal with this thereby avoid paying that tax at this ing onto cash . . . and I don’t want to violate challenge. If I may close my presen- crucial time when I need the cash to the SEC rules so raising funds is difficult. tation with, once again, making a com- I had hoped the government would have grow the business. That is the first made Stimulus funds easier to receive by parison between what happened in the thing. We provide a 10-year net oper- those businesses that could make a dif- 1980s when we created the business that ating loss carryback provision for ference in the lives of so many looking for I described and what we are dealing qualifying businesses. It is only, as I employment. with now.

VerDate Mar 15 2010 03:22 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.054 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5257 I remember, in a business prior to the days in Illinois, was in classical eco- I want to hear why Ms. Kagan rec- one I just talked about that I was run- nomics, pre-Keynesian economics, back ommended to throw out the Sandidge ning, during the Carter administration, in the days when a college degree from v. the United States case from the Su- I went to the bank begging—that is the any kind of college was something of a preme Court. This is a case that in- operative word—begging for a loan, rarity. He brought that concept of clas- volved an individual charged with pos- without which we could not meet pay- sical economics into the Presidency session of a handgun and ammunition roll. I was overjoyed when the banker and saw a reversal and an end of the in the District of Columbia. finally agreed to give us a loan at 21 great inflation and set off a period of In a one-paragraph recommendation percent interest. great prosperity for a long time and is to Justice Marshall, Ms. Kagan wrote: That was the circumstance through considered one of the pivotal Presi- The petitioner’s sole contention is that the which we were living in those times. dents of the last century. District of Columbia’s firearms statutes vio- We talk about the Great Depression of I disagree with the economic policies late his constitutional right to keep and bear the 1930s. I remember, very vividly, the of this President. I hope I am wrong arms. great inflation of the 1970s—21 percent and that the recession we are now in She went on to write: interest so that I could meet payroll. ends with the same kind of success I am not sympathetic. That business, to use Abraham Lin- story that Ronald Reagan had. But I I want to know why she was not sym- coln’s words for his store in New am afraid I am right and we will see pathetic to Mr. Sandidge. The second Salem, IL, winked out. We did repay this recession drag on for a longer pe- amendment explicitly says: the bank loan, but we could not keep riod of time. A well regulated militia, being necessary the doors open. It was just a few years With that little bit of nostalgia, I to the security of a free state, the right of later that we started the other busi- thank the Senators for their indul- the people to keep and bear arms, shall not ness during the Reagan administration gence. be infringed. when the tax circumstances had been I yield the floor, and I suggest the ab- Well, as we know today, the DC gun changed dramatically. sence of a quorum. ban, the law, was clearly unconstitu- The Reagan administration inherited The PRESIDING OFFICER. The tional. The individual right to keep the results of the great inflation from clerk will call the roll. and bear arms has been affirmed by the the Carter administration, much as the The legislative clerk proceeded to Heller case. Mr. Sandidge’s rights were Obama administration has inherited call the roll. violated. Ms. Kagan had the oppor- the results of the great housing bubble Mr. BARRASSO. Mr. President, I ask tunity to recommend that the Court from the days of the Bush administra- unanimous consent that the order for hear the case, but she did not rec- tion. I will not make any attempt to the quorum call be rescinded. ommend it. put blame on a partisan basis, but The PRESIDING OFFICER. Without Was this recommendation a legal those were the time lines. It was the objection, it is so ordered. opinion or was it a political opinion? Carter administration that was there f The second amendment is pretty clear: during the time of great inflation; it The right of the people to keep and KAGAN NOMINATION was the Bush administration that was bear arms shall not be infringed. there when the housing bubble burst. Mr. BARRASSO. Mr. President, I just During the Clinton administration, So each President had a dilemma returned from spending a weekend in Ms. Kagan served as associate White thrust upon it. Wyoming talking to many people House counsel. The role of the White Ronald Reagan approached his eco- around the Cowboy State who are con- House counsel’s office is to provide the nomic challenge with tax cuts, and it cerned about our Nation, concerned President with the best legal advice produced the kind of job creation and about the growing debt, concerned possible. This is not a political office. ultimate economic growth that we are about jobs and the economy, and the According to a 1996 memorandum re- talking about. Reagan was very un- concern that Washington has taken our leased by the Clinton Library, Ms. popular in the election that followed eye off the ball. Kagan raised concerns that certain or- his election for President, and his They also have considerable concerns ganizations would be exempted from li- party lost a considerable number of and questions specifically about the ability under the Volunteer Protection seats in that period. But 2 years later, nominee to the Supreme Court, Elena Act. This legislation was aimed at pro- the economy was roaring forward on Kagan. I heard this when I was in viding protections to volunteers, to such a strong basis, as a result of the Thermopolis, WY; when I was in Sheri- nonprofit organizations and govern- Reagan tax cuts, that he was reelected dan; when I was in Casper. mental entities in lawsuits based on in a landslide. So what I want to do is spend a few the activities of volunteers. President Obama chose a different minutes discussing and questioning the In a memorandum she wrote, she economic theory from that which Ron- views on the second amendment of branded some of these organizations as ald Reagan embraced. President Obama Elena Kagan. The second amendment ‘‘bad guy orgs.’’ I assume that is bad followed the advice of the Keynesians in Wyoming, as you know, is nothing guy organizations. The bad guy organi- and instead of trying to have tax policy we take for granted. It is something we zations she was referring to she listed that would stimulate the economy, he hold very dear. We do not take it for as the Ku Klux Klan and the National went to a spending policy to stimulate granted because our lives depend upon Rifle Association. So in her capacity as the economy. it. counsel to the President, I want to The political pundits are saying The second amendment allows us to know why she was concerned that the President Obama will see losses in No- defend ourselves from harm. It also NRA, the National Rifle Association, vember the same way President puts food on our tables. These are the would be covered in the Volunteer Pro- Reagan did in the off-term election fol- values and the virtues that make this tection Act. I want to know why she lowing his Presidential inauguration. issue so important to Wyoming. I un- grouped a violent racist hate organiza- My fear is that we will not see the re- derstand next week Ms. Kagan’s hear- tion with the NRA. The NRA, the na- covery following that because of the ings will begin. It is my hope we will tional organization and chapters Keynesian economics embraced by have a clear picture of where she around the country, is very active in President Obama. My fear is this recov- stands on the right to keep and to bear Wyoming. It teaches firearm safety. It ery will continue to be sluggish, and arms. advocates for second amendment the unemployment rate will stay very The window into her views is small. I rights. Again, this gets to the question close to double digits. hope the hearing will open that window of whether Ms. Kagan is able to sepa- There are a lot of people who dis- wider for the American people. Her rate politics from policy. missed Ronald Reagan as something of clerkship to Justice Thurgood Marshall We have seen Ms. Kagan’s resume. an uneducated, almost simple-minded and the documents connected to her Now we need to hear from her. Next individual. I would point out Ronald time in the Clinton White House only week I look forward to hearing her tes- Reagan was the only President we have crack that window a little bit. I want timony. I also look forward to meeting ever had whose college degree, from his to hear from her. with Ms. Kagan to discuss these issues

VerDate Mar 15 2010 03:22 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.056 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5258 CONGRESSIONAL RECORD — SENATE June 22, 2010 and the importance of the second sideration of H.R. 4853, that all after tiative—be it an extension of unem- amendment. the enacting clause be stricken and the ployment benefits or a lot of other I yield the floor. text of S. 3440, to extend the biodiesel things in the bill. On this side, we want The PRESIDING OFFICER. The Sen- fuel tax credit, be inserted; that the deficit neutrality at a minimum by ator from Iowa is recognized. bill, as amended, be read a third time rolling back future bloated spending. Mr. GRASSLEY. How much time re- and passed and the motion to recon- The Democratic leadership wants to mains on this side? sider be laid on the table. keep in place the future bloated spend- The PRESIDING OFFICER. There is The PRESIDING OFFICER. Is there ing. Tax increases are OK, if they are 15 minutes 13 seconds. objection? offset. Bring on hundreds of billions of Mr. GRASSLEY. I thank the Chair. Ms. STABENOW. Mr. President, re- dollars of tax increase, whether they f serving the right to object, I thank my hit individuals, small businesses, or BIODIESEL TAX CREDIT colleague for his courtesy in allowing what have you. As an example, the lat- Mr. GRASSLEY. Mr. President, I me to return to the Chamber and also est tax is due to hit next week. Next have a unanimous consent request but indicate that this particular provision Tuesday, July 1, users of tanning bed I will wait until a Member from the on biodiesel, which I strongly support, services will face a new 10-percent tan- other side is here to make it. As a pred- is in the underlying jobs bill. We hope ning bed excise tax. God help us if icate to that, I will make a statement to have this passed in a couple of days. someone proposes to make the govern- on my reason for doing so. We will have another opportunity to ment even a little bit leaner. That pro- As the majority continues to strug- vote on this shortly. As a result of posal will be met with a brick wall of gle in an attempt to pass another mas- that, I object. resistance, even if it is a proposal to sive deficit spending bill through Con- The PRESIDING OFFICER. Objec- roll back future unobligated, unallo- gress, biodiesel plants in Iowa and tion is heard. cated stimulus spending, which stim- throughout the country continue to lay UNANIMOUS CONSENT REQUEST—H.R. 4853 ulus spending has not accomplished off workers because the Democrat- Mr. GRASSLEY. Mr. President, I what it was intended to accomplish, ically controlled Congress has not ex- have a further unanimous consent re- keeping unemployment under 8 per- tended the biodiesel tax credit. This is quest. I ask unanimous consent that cent. a simple and noncontroversial tax ex- the Senate proceed to the immediate The upshot is this: For my friends in tension that will likely reinstate 20,000 consideration of H.R. 4853; that all the Democratic leadership, keeping the jobs nationwide and about 2,000 jobs in after the enacting clause be stricken spending spigot all the way open my State of Iowa all by itself. These and that an amendment at the desk, trumps deficit reduction. Keep the jobs have fallen victim to a tactic used which is the text of S. 3421, be agreed spending going, in other words. Worry by the Democratic leadership to hold to; that the bill, as amended, be read a about our deficit sometime down the this popular and noncontroversial tax third time and passed, and the motion road. Let our grandchildren worry provision hostage to out-of-control def- to reconsider be laid upon the table. about it. icit spending in Washington. The PRESIDING OFFICER. Is there On the Republican side, we want to This past February, I worked out a objection? trim the spending and save some tax- bipartisan deal with Chairman BAUCUS Ms. STABENOW. Reserving the right payers money by managing priorities. to extend the expired tax provision, in- to object, I again say to my colleague, That is a worthwhile debate. It is an cluding the biodiesel tax credit. How- we will have an opportunity to address intellectually honest debate. It is the ever, the Senate Democratic leadership this. We had two opportunities last kind of debate that can inform fiscal decided to put partisanship ahead of week to address it and did not get the policy judgments. But my friends in job security for thousands of workers votes. Hopefully, in the next couple the Democratic leadership are not con- in the biodiesel industry. I am here days, we will be able to resolve these tent to have the debate on that basis. again to try to put thousands of work- issues. I object. Instead, we have seen a pattern where ers back to work, American workers, in The PRESIDING OFFICER. Objec- they want to change the subject. In- the process of producing a clean and re- tion is heard. stead of focusing on the present and newable fuel. We already stripped out Mr. GRASSLEY. Mr. President, may the future, my friends on the other side and passed the so-called doctor fix I ask how much time remains? want to revisit the past. In veering from the larger extenders bill last The PRESIDING OFFICER. There is away from current choices and future week. We should do the same with the 10 minutes. fiscal consequences, my friends on the biodiesel tax credit right now. Mr. GRASSLEY. I thank the Chair. other side take the discussion in a Also there is a difference between the Mr. President, this morning we saw biodiesel tax credit and the other tax whole different direction. My friends yet another replay of a dialog between provisions in the tax extenders bill. on the other side claim they cannot some of my friends on the other side The failure to extend the biodiesel tax deal with these problems in a fiscally and some on my side of the aisle. It credit before it expires has ground the responsible manner because of Repub- kind of goes like this. Republicans industry to a halt, because biodiesel is licans. Republicans only left them with now more expensive than gasoline and make a proposal to make a pending fiscal problems. gas stations know they can’t sell it. Democratic leadership proposal such as People watching C–SPAN witnessed So, of course, naturally, they don’t buy the extenders bill deficit neutral. The this back and forth last Thursday, and it. Therefore, biodiesel producers have Democratic leadership marshals the around lunchtime the Senate voted on stopped producing it because they have votes and defeats the deficit-neutral Senator THUNE’s alternative to the nobody to sell it to. While the other proposal on a largely party-line basis. Democratic leadership’s extender bill. tax provisions are important, they are After the vote, debate ensues. My The Thune amendment took the exact not as time sensitive as biodiesel, be- friends on the other side define the pro- opposite approach to the Democratic cause they are not transactional tax posal that they defeat in an incorrect leadership’s substitute. It cut taxes by incentives like the biodiesel tax credit way. They define it as a proposal to $26 billion by extending current law. It but instead are based on the taxable carry out the policy of a fiscally re- cut spending by over $100 billion and year. sponsible manner as opposition to the reduced the deficit by $68 billion. Those I am going to reserve my unanimous underlying policy in the proposal. Re- are not this Senator’s numbers. They consent request until the Senator from publicans counter that the Republican come from the nonpartisan Congres- Michigan returns. I will go to other re- deficit-neutral proposal carries most, if sional Budget Office and the non- marks I want to make at this point. not all, of the policy contained in the partisan Joint Committee on Taxation. I see the Senator has returned so I Democratic leadership’s proposal. According to the Congressional Budg- will make my unanimous consent re- When the smoke clears, the true dif- et Office, the last version of the Demo- quest at this point. ferences between the two sides’ ap- cratic leadership’s extender substitute UNANIMOUS CONSENT REQUEST—H.R. 4853 proaches become very clear. My friends would have increased direct spending I ask unanimous consent that the on the other side want to add to the by about $105 billion through the year Senate proceed to the immediate con- deficit to carry out the underlying ini- 2020, and raised revenues by about $50

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That action will cut those numbers in a short time after the Democrats as- The savings from the policies I have a little bit. sumed full control of the Federal Gov- pointed out translated to interest sav- On the larger bill, however, the con- ernment—roughly exceeded the deficit ings. Interest savings account for 15 trast could not be clearer. The Repub- impact of the 8 years of bipartisan tax percent of the deficit reduction. lican Conference, along with one mem- relief. Now, for all the chest-thumping ber of the Democratic caucus, voted to All of this occurred in an environ- about the 1990s, the chest-thumpers, change the bottom line fiscal effects of ment where the automatic economic who push for big social spending, didn’t the Democratic leadership’s extender stabilizers, thankfully, kicked in to bring much to the deficit reduction substitute. If Senator THUNE had pre- help the most unfortunate in America table in the 1990s. Their contribution vailed, his amendment would have re- with unemployment insurance, food was 5 percent. duced the deficit by $13 billion more stamps, and other benefits. What is more, the fiscal revisionist than the amount the Democratic lead- That antirecessionary spending, to- historians in this body tend to forget ership’s extender substitute would have gether with lower tax receipts, and the who the players were. They are correct added to the deficit. The Thune amend- TARP activities, has set a fiscal table that there was a Democratic President ment reached this better fiscal result of a deficit of $1.4 trillion for the fiscal in the White House. But they conven- by simple common sense of restraining year that ended several months ago. iently forget that Republicans con- Federal spending. All but one Member That is the highest deficit, as a per- trolled the Congress for the period of the Democratic caucus then in at- centage of the economy, in post-World where the deficit came down and tendance, 57 Senators, voted against War II history. turned to surplus. the Thune amendment. One of the Sen- It is not a pretty fiscal picture, and They tend to forget they fought the ators who voted for the Thune amend- it is going to get a lot uglier with the principle of a balanced budget that was ment came to the Senate floor to high- budget put forward by the President the centerpiece of Republican fiscal light the differences between the this year. It is the same result under policy. Democratic caucus and the Republican the budget crafted last year by the Remember the government shutdown Conference in the approach to this ex- Democratic leadership. of late 1995, my friends on the Demo- tenders bill. So for the folks who see this bill as cratic side? Remember what that was A Member of the Democratic leader- an opportunity to ‘‘recover’’ America about? It was about a plan to balance ship also made some comments on the with government taking a larger share the budget. We are constantly re- current fiscal problems. Instead of fo- of the economy over the long term, I minded of the political price paid by cusing on the question of whether to say congratulations. America has been the other side for the record tax in- offset the policy or not, that Member recovered with a vast expansion of gov- crease they put in the law in 1993. Re- decided to change the subject. As we ernment and the American People have publicans paid a political price for forc- saw this morning, that Member of the a lot of red ink to look forward to. ing the balanced budget issue in 1996. Democratic leadership wanted to go Members who voted for the budget But, in 1997, President Clinton agreed. back several years and talk about fis- and the fiscal policy envisioned in it Recall as well all through the 1990s cal history. put us on the path to a bigger role for what the year-end battles were about. This morning, like last week, there the government. But supporters of that On one side, congressional Democrats was a lot of revision or perhaps editing fiscal policy need to own up to the fis- and the Clinton administration pushed of the recent budget history. I expect cal course they are charting. for more spending. On the other side, more of it from some on the other side. That is where the revisionist history congressional Republicans were push- The President signaled as much in an comes from. From the perspective of ing for tax relief. interview with George Stephanopoulos those on our side, it seems to be a In the end, both sides compromised. a few months ago. I agree with the strategy to divert, through a twisted That is the real fiscal history of the President that there is a lot of revi- blame game, from the facts before us. 1990s. sionism in the debate. How is the history revised? Let’s take Let’s turn to the other conclusion of The revisionist history basically each conclusion one by one. the revisionist fiscal historians. That boils down to two conclusions: One, The first conclusion is that all of the conclusion is that, in this decade, all that all of the ‘‘good’’ fiscal history of ‘‘good’’ fiscal history was derived from fiscal problems are attributable to the the 1990s was derived from a partisan the 1993 tax increase. To test that as- widespread tax relief enacted in 2001, tax increase bill of 1993; and, two, that sertion, all you have to do is take a 2003, 2004, and 2006. all of the ‘‘bad’’ fiscal history of this look at data from the Clinton adminis- In 2001, President Bush came into of- decade to date is attributable to the bi- tration. fice. He inherited an economy that was partisan tax relief plans. The much-ballyhooed 1993 partisan careening downhill. Investment started Not surprisingly, nearly all of the re- tax increase accounts for 13 percent of to go flat in 2000. The tech-fueled stock visionists who spoke generally oppose the deficit reduction in the 1990s—13 market bubble was bursting. After that tax relief and—do you know what—sup- percent. That 13 percent figure was cal- came the economic shocks of the 9/11 port tax increases. The same crew gen- culated by the Clinton administra- terrorist attacks. Add in the corporate erally supports spending increases and tion’s Office of Management and Budg- scandals to that economic environ- opposes spending cuts. et. ment. In the debate so far, many on this The biggest source of deficit reduc- And it is true, as fiscal year 2001 side have pointed out some key undeni- tion, 35 percent, came from a reduction came to close, the projected surplus able facts. The stimulus bill passed by in defense spending. Of course, that fis- turned to a deficit. But it is wrong to the Senate, with interest included, in- cal benefit originated from President attribute the entire deficit occurring creases the deficit by over $1 trillion. Reagan’s stare-down of the Communist during this period to the bipartisan tax The stimulus bill was a heavy stew of regime in Russia. The same folks on relief. According to CBO, the bipar- spending increases and refundable tax that side who opposed President Rea- tisan tax relief is responsible for only credits, seasoned with small pieces of gan’s defense buildup take credit for 25 percent of the deficit change, while tax relief. the fiscal benefit of the ‘‘peace divi- 44 percent is attributable to higher The bill passed by the Senate had dend.’’ spending, and 31 percent is attributable new temporary spending that, if made The next biggest source of deficit re- to economic and technical changes. permanent, will burden future budget duction, 32 percent, came from other At just the right time, the 2001 tax deficits by over $2.5 trillion. That is revenue. relief plan started to kick in. As the

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Mr. President, re- 2001, where Republicans controlled the It is not too late to correct the ex- serving the right to object, the Repub- White House and the Congress. But, un- cesses of the stimulus bill or the bloat- licans have offered a bill, and it is fully like the fiscal history revisionists, I ed appropriations bills that will come. paid for. We have the same concerns. am not trying to make any partisan The Senate missed an opportunity with We think, though, we should not be points, I am just trying to get to the a partisan rejection of Senator THUNE’s adding to the debt and the deficit. We fiscal facts. alternative. know the President’s budget doubles There is also data that compares the We took a small, bipartisan step last the national debt in 5 years, triples it tax receipts for 4 years after the much- Friday. The Senate unanimously ap- in 10. The recommendation here being ballyhooed 1993 tax increase and the 4- proved a paid-for Medicare doc fix bill, offered is one that would add to the year period after the 2003 tax cuts. I led by my friend, Chairman BAUCUS. burden of the debt on our children and have a chart that tracks those trends. That was the way we need to go. grandchildren. In 1993, the Clinton tax increase There are more bipartisan fiscally re- As a result, Mr. President, I do ob- brought in more revenue as compared sponsible efforts underway. Senator ject. to the 2003 tax cut. That trend reversed MCCASKILL’s and Senator SESSIONS’ The PRESIDING OFFICER. Objec- as both policies moved along. amendment, which calls for a timeout tion is heard. Over the first few years, the extra on the exponentially rising levels of Ms. STABENOW. Mr. President, I revenue went up over time relative to appropriations spending, is a good would like to now speak both in re- the flat line of the 1993 tax increase. start. The President called on the sponse to some of what my friends on So, let’s get the fiscal history right. Democratic leadership to do something the other side of the aisle have said and The progrowth tax and trade policies similar. also to talk about why we are here this of the 1990s, along with the ‘‘peace divi- That is what the American people evening, why we started this whole dis- dend,’’ had a lot more to do with the want and need. There is a way to reach cussion this evening. deficit reduction in the 1990s than the a real bipartisan compromise. It is I remember when we, in fact, bal- 1993 tax increase. In this decade, defi- right in front of the Democratic leader- anced the budget. We passed a balanced cits went down after the tax relief ship. Efforts to change the subject and budget under President Clinton. I was plans were put in full effect. blame Republican Congresses of many against deficits then when I voted, for No economist I am aware of would years ago won’t answer the questions the first time in 30 years, to balance link the bursting of the housing bubble about what needs to be done now. the budget. I was against deficits when with the bipartisan tax relief plans of Efforts to blame every fiscal problem I supported a different way to go with 2001 and 2003. on a Republican President who retired the largest surpluses created by the Likewise, I know of no economic re- a year and a half ago is no answer. It is policies of President Clinton, when I search that concludes that the bipar- a strategy that avoids responsibility said just focusing on the wealthy in tisan tax relief of 2001 and 2003 caused for the trillions of new spending that this country and tax benefits for the the financial meltdown of September the Democratic leadership and this wealthy not only was not fair, but it and October 2008. I have a chart that President have muscled through with was going to balloon the deficit; that shows what the President inherited large majorities. It is time to match not paying for two wars was going to from a Democratic Congress and a Re- the power with responsibility. The balloon the deficit; that not paying for publican President. American People expect no less. really any major policy during the 8 As I said, from the period of 2003 The PRESIDING OFFICER. The Sen- years of the Bush administration would through 2007, after the bipartisan tax ator’s time has expired. balloon the deficit. I was against defi- relief program was in full effect, the Mr. GRASSLEY. Mr. President, I cits at that time as well, and I am still general pattern was this: revenues yield the floor. against deficits. went up and deficits went down. The PRESIDING OFFICER. The Sen- When we talk about what happened That is the past. We need to make ator from Michigan is recognized. in the last 8 years, it is not to go back, sure we understand it. But what is Ms. STABENOW. Mr. President, it is but it is to learn from what did not most important is the future. People in my understanding that the Republican work for the American people. One of our States send us here to deal with fu- time has now ended. my friends on the other side of the ture policy. They don’t send us here to The PRESIDING OFFICER. That is aisle said they were for private-sector flog one another, like partisan cartoon correct. jobs and we were for public-sector jobs. cut-out characters, over past policies. Ms. STABENOW. We have 15 minutes Well, the reality is, during the last 8 They don’t send us here to endlessly to wrap up. Is that my understanding? years, when deficits did not matter—I point fingers of blame. The PRESIDING OFFICER. That is will never forget the former Vice Presi- The substitute before us takes us in correct. dent saying deficits did not matter. the direction of more deficits and debt. Ms. STABENOW. First, as a courtesy When they were trying to pass their The Thune amendment, which was re- to my colleagues, I will offer a unani- policies that affected the wealthiest in jected by most of the Democratic Cau- mous consent request at the beginning the country, at the expense of the mid- cus, would have put us on a path in the of our comments, and this relates to dle class, deficits did not matter. opposite fiscal direction. My friends on the nearly 1 million people who have But we lost 6 million private-sector the other side fool no one if they pre- lost their jobs who have now lost their jobs during that time—6 million manu- tend that the fiscal choices made by unemployment benefits because of the facturing jobs—when there was a focus the Democratic leadership and the inability to move this forward in terms on cheap products instead of American President over the last year have noth- of extending unemployment benefits jobs. We lost jobs. Well, deficits ing to do with this rapidly rising debt. through the end of November. mattered to me at that time too, as President Obama rightly focused us UNANIMOUS CONSENT REQUEST—S. 3520 well as deficits in jobs, which is the on the future with his eloquence during So, Mr. President, I ask unanimous main engine of our economy: middle the campaign. I would like to para- consent that the Senate proceed to the class jobs. phrase a quote from the President’s immediate consideration of S. 3520, the Well, it is true. When we came into nomination acceptance speech: We Unemployment Extension Act of 2010, the majority and President Obama need a President who can face the that the bill be read a third time and came into office, after that time of los- threats of the future, not grasping at passed, and the motion to reconsider be ing 750,000 jobs a month, we took a dif- the ideas of the past. laid upon the table, with no inter- ferent tack. We did. We said: Do you

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We think we ought to desperately needed as well—both are worked all their lives, never been out focus on the middle class in this coun- needed—helping people who are out of of work in their entire life and are hu- try and working people and people who work. miliated at the idea they have to ask spend all their lives playing by the We say no. Keep investing. Keep mov- for help from anybody—find themselves rules who are saying: What about us? ing it forward, and at the same time— in a position where they are going to So we did something different. We at the same time—let’s help people who lose their house, they are not going to put in an investment jobs plan that our are out of work in the same way every be able to care for their kids, unless we colleagues have spent the last year and President—Republican and Democrat— give them the dignity of temporary a half trying to talk down, trying to for decades has done; that is, we call it help. That is all this is, the dignity of make sure it did not work. But we put an emergency. It is an emergency in temporary help, and the dignity of say- in place a jobs plan to begin to turn this country when over 15 million peo- ing, yes, this is an emergency; yes, we things around. And that 750,000 jobs ple are out of work. And the reality is, are not changing the rules just for you. that were lost a month that President from an economic standpoint, we will We are not going to have a different set Obama inherited went down to zero by never get out of a deficit with over 15 of rules for the wealthy in this country the end of the year. million people not working and con- and separate rules for somebody who is As shown on this chart, this is where tributing to the tax base and contrib- we were on jobs in the Bush adminis- out of work who is 55 years old who has uting to the economy, buying things as worked all their life. tration. If their approach had worked, I consumers. We will never get out of would say great. If people in my State debt. The PRESIDING OFFICER. The Sen- had not been hit by an economic tsu- So, yes, we do have a different view. ator’s time has expired. nami during this time, I would say We do. We have a view that worked Ms. STABENOW. That is what this is great. I would be out here promoting under President Clinton when 22 mil- about, and it is my great pleasure to- it. I would be promoting what they are lion jobs were created. We have that night, as we end, and as we continue to talking about—if it had worked for the same view now, that same view that fight for these Americans, to turn our majority of Americans. The problem is says we are going to move ourselves final 5 minutes over to the Senator it did not work. out of this by investing in the middle from Pennsylvania, who has been a real Now, people listening I know get very class of this country, working people. champion standing up for working fam- confused because there are all kinds of We are going to invest in innovation. ilies in this country. back and forth and different versions of We are going to partner with our busi- The PRESIDING OFFICER. Senator, what happened in history. I would ask nesses. They are competing with coun- there are now 41⁄2 minutes. people just to think about their own tries around the world right now to lives. Mr. CASEY. Mr. President, first of create good private-sector jobs. all, I commend Senator STABENOW for As shown on this chart, it did not And, yes, to support small business, her words tonight to put in perspective work here, starting in 2002, 2003, 2004, we have done more in tax policies re- what this debate is all about. It really 2005. I can tell you, in my State, where lated to small business, and we intend is a question of jobs—not only creating we lost a million jobs, these policies to do even more than I think at any jobs, as we have been able to do, and did not work. So we tried something other time I can think of in terms of still have a long way to go to get out else, when we started focusing on peo- support for small business. All of that of the ditch, but also preserving jobs. ple, investing in innovation, partnering is true. Also, I commend the Senator for her with manufacturers—private-sector Mr. President, in order for my col- stamina tonight. She has spent a lot of jobs. league from Pennsylvania to speak, time on the Senate floor. Yesterday, I went to a facility will you please tell me when there is 5 groundbreaking for a battery manufac- minutes left of our time. I do not want I want to make two points. One is turing plant. We have 16 different bat- to lose the opportunity for the Senator about unemployment insurance and tery manufacturing facilities in Michi- from Pennsylvania to be able to speak. one is about COBRA premium assist- gan now because of the Recovery Act The PRESIDING OFFICER. The Sen- ance for health care. that are creating private-sector jobs. ator has a minute and a half. First, with regard to unemployment The manufacturing tax credit we put in Ms. STABENOW. Before the 5 min- insurance—the debate we are having on for alternative energies is creating pri- utes? the bill this week and last week, for a vate-sector jobs. Now, they are not as The PRESIDING OFFICER. That is number of days now—one of the real fast as we want. They are not as fast as correct. points of contention is what we do we need. But we are beginning to turn Ms. STABENOW. Mr. President, I about those who are out of work this huge economic ship around. The thank you very much. through no fault of their own. ship that was going down, down, Let me conclude by saying we are down—we are beginning to turn it moving in the right direction, but we I can just tell you what it means for around. We are beginning to turn it inherited a huge hole. By the way, the Pennsylvania. Here is the reality in around. folks who created the hole want us to Pennsylvania—and I will ask consent My colleagues say we should help give them more shovels to go back and that the following document be made a people who are out of work by taking create another hole, a deeper hole. We part of the RECORD: Estimated Exhaus- money away from this. Let’s stop this. are saying, do you know what. Take tions of All Available Unemployment Let’s take money away from creating away the shovels. Take them away. We Compensation Benefits, calendar year jobs to help people out of work. need to fill in the hole, not dig a deeper 2010. Mr. President, I ask unanimous Well, that does not make any sense. one. consent that document be printed in What we have said is we want to con- So that is what we have been doing. the RECORD. tinue this. That is why we are saying But here is the reality. It was six peo- There being no objection, the mate- no to the proposals. That is why I ob- ple out of work for every one job. Now rial was ordered to be printed in the jected to proposals tonight on the floor it is five. OK, it is moving in the right RECORD, as follows:

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YTD Through May Jun Jul Aug Sep Oct Nov Dec Annual April Total

EUC/EB phase-out beginning June 2 1 ...... 30,000 5,200 111,000 94,000 65,000 41,000 32,000 25,000 26,000 429,200 EUC/EB phase-out extended to Dec 31 2 ...... 30,000 5,200 4,800 5,600 5,900 6,600 9,100 7,300 64,000 138,500 1 These projected exhaustions are based on current law, whereby the phase-out of EUC begins on June 2, 2010 (last payable week of EUC is week ending November 6, 2010) and the last payable week of HUP EB is week ending June 5, 2010. 2 These projections reflect the estimated number of exhaustions that would occur if the phase-out of EUC and EB was extended to December 31, 2010.

Mr. CASEY. What this says is if we people who, in addition, are without a Mr. Newton provided advice and don’t act to extend unemployment in- job. counsel to national level emergency surance, to give people some help, to With that, I yield the floor to my col- managers attempting to mitigate and get from joblessness to a job, to get league from Michigan. recover from the effects of a biological across that long bridge, 111,000 Penn- Ms. STABENOW. Mr. President, how warfare attack on the United States sylvanians will be out of unemploy- much time do we have remaining? Senate. Additionally, Mr. Newton held ment insurance by the end of June. Un- The PRESIDING OFFICER. There is a great ability to identify subject mat- fortunately, that number goes up by 20 seconds remaining. ter experts, which significantly re- another 94,000 at the end of July if we Ms. STABENOW. On that note, I will duced recovery time and expense. do nothing. By the end of this year, simply say again that we are here and During his tenure, Mr. Newton 429,200 Pennsylvanians will have no un- we will continue to be here fighting on oversaw the acquisition, staffing, and employment insurance. behalf of people who are counting on us operation of multiple relocation assets We have to act on that. It makes all to do the right thing. We remember in support of the strategic continuity the sense in the world when we are re- what it is like for too many families mission. He also advocated and covering—and we are in recovery, right now whose breadwinner cannot oversaw the development of a purpose- thank goodness, but we have a way to bring home any bread because there is built tactical waterborne evacuation go—that we give people the oppor- no job. We want to remember them and asset whose capabilities significantly tunity to at least have the peace of we want to help them and support enhance the efficient and timely move- mind to know they have unemploy- them as they are looking for work, as ment of essential government per- ment insurance. all Americans want to be able to have sonnel from threat zones. Secondly, with regard to COBRA, if a job and the dignity of work, and that He also oversaw a major chemical, anyone has any doubts as to what this is what we are fighting for. biological, radiological and explosives Thank you, Mr. President. I yield the means to real people, I would submit defense effort protecting a highly sym- floor. one part of one sentence from a single bolic national asset. This effort unique- Pennsylvanian by the name of Lisa. f ly combines surveillance/identification She sent a letter to me talking about TRIBUTE TO FRED ANVIL NEWTON technologies, defensive measures, and chemotherapy treatments she needs III incident management and mitigation and the COBRA premium assistance. capabilities to form a standard by She said: ‘‘COBRA benefits have kept Mr. REID. Mr. President, I rise today which other large-scale protective ef- me alive.’’ That is exactly what we are to recognize the extraordinary work of forts are now measured. talking about here—about life and Fred Anvil Newton III, who is retiring I, along with my colleagues in the death. Why should a family—as they this week. During his 28 years with the Senate, congratulate Fred on his well- are trying to get a job, trying to find Intergovernmental Program Office, his deserved retirement. We wish Mr. New- their way out of joblessness—why distinguished career elevated him to ton all the best in his future endeavors. should they have to worry and have the the highest levels of decisionmaking in additional nightmare of having no one of our government’s most sensitive f programs. His work greatly enhanced health insurance? We can help so many TRIBUTE TO ANDREA ROGERS Americans as we did in the Recovery the safety and security of the United Act. Two million households across the States Senate, staff, and visitors. Mr. LEAHY. Mr. President, today I country were helped by the COBRA Mr. Newton dedicated his profes- honor Andrea Rogers, the CEO and premium assistance program in 2009. In sional life to mission accomplishment, founding executive director of the our State, over 107,000 Pennsylvanians while always ensuring that the people Flynn Center for the Performing Arts. had the benefit of that. he led were well-trained and cared for. I have had the privilege to congratu- So as we wrap up this debate about He managed resources in the most effi- late Andrea over the years on her preserving jobs and creating jobs—and cient and effective manner possible. many accomplishments within the arts I think in a sense getting a sense of Mr. Newton cultivated and maintained community, including her most recent whose side you are on—are you going partnerships with the U.S. Capitol Po- award from the Vermont Arts Council, to be on the side of slowing things lice, the offices of the U.S. Senate Ser- the Walter Cerf Lifetime Achievement down and playing games or are you geant at Arms and the U.S. House of in the Arts award. Today, I once again going to be on the side of helping the Representatives Sergeant at Arms. Re- recognize her decades of invaluable unemployed get a job and help them garded as the dean of the continuity service to Vermonters and I wish her with their family’s health care. As we community, he has been at the fore- future success as she retires from her wrap up this debate, it is about saving front of strategic continuity planning executive director position at the jobs and preserving jobs and literally, and his innovative approach to problem Flynn Center for the Performing Arts in some cases, saving lives, not only by solving has set the standard for many after 30 years of dedicated service. way of health care but also by way of of today’s continuity programs. In 1980, Andrea led a campaign to the additional debate we are having on Mr. Newton has many significant ac- purchase an old movie house in down- Medicaid and what that means to vul- complishments including the over- town Burlington, with the hope of nerable people as well as what it means sight, response, and mitigation of the turning it into a home for performing to public safety and other priorities. effects of the public disclosure of a arts groups. She was successful, and We can get this right, but we need to very sensitive national strategic con- the old building became an inde- have our colleagues on the other side of tinuity asset. He developed a new pendent theatre. Andrea organized the aisle recognize that this is a high strategy for effective use of private many fundraising efforts to restore the stakes game they are engaged in and sector assets in fulfilling a strategic antiquated space, and within the next 5 that the loser here in the end is not continuity mission; the result being years, the Flynn succeeded in hosting going to be some political party. Those minimal cost to government and max- over 350 performances presented by 50 who will be left out are very vulnerable imum flexibility for planners. different organizations. Today, 30 years

VerDate Mar 15 2010 04:36 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.026 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5263 later, the Flynn Theatre is known as I cried, and wondered if we could pull it off. of audiences can gather and celebrate live the Flynn Center for the Performing But I went to the public: Every step forward performing arts,’’ Bither said. ‘‘The Flynn is Arts and is firmly embedded into we made, it was because the community was that. It’s really a remarkable success story. Chittenden County and Vermont’s cul- behind us. It was very organic.’’ Thirty years Andrea has been there from Day 1, and has after accepting the job she never dreamed of, really had the vision to see how to get to tural landscape. Rogers is stepping down as the only execu- that place.’’ Since its founding, the Flynn has ex- tive director the Flynn has had. The audience ranges from wealthy patrons panded and renovated its space, hosted She has both envisioned the nonprofit per- who attend frequent performances to chil- thousands of diverse performances, forming-arts center, and guided its growth: dren in Burlington’s Old North End. Kids not opened an art gallery and created The Flynn has a $6 million endowment, an only attend shows, but also participate in many educational programs. Because education department that presents student mini-artist workshops: Third-graders at the of Andrea’s leadership, the Flynn has matinees, offers classes and develops and im- Integrated Arts Academy recently had a song swap with singers in the African Chil- received several awards across the plements arts curriculums in local schools. The theater presents its own season of dren’s Choir—trading and singing songs to- state, the country, and even the world. shows, commissions work and plays host to gether. It was the only organization honored artists’ residencies. The Flynn’s own pro- ‘‘For many children, the only time they by both the Ford Foundation and the gramming has grown from about three shows walk down Church Street is when they go Doris Duke Charitable Foundation in a year to 50 to 60 annual performances, Rog- with their class to the Flynn,’’ said Joyce 2000. The Flynn’s educational program ers said. It serves as a performance space for Irvine, principal of IAA. has also been recognized by the Dana other organizations, such as the Vermont ACTIVE TILL HER EXIT Foundation as one of eight outstanding Symphony Orchestra and Lyric Theatre. The With retirement three weeks away, Rogers arts programs in the country, and has smaller FlynnSpace is a venue for more ex- has little time to think about her exit. In perimental pieces, where about 40 percent of fact, pending retirement never looked so ac- recently received the Outstanding His- the shows are Flynn presentations. toric American Theatre Award at a na- tive. She tracks jazz festival ticket sales ‘‘I love the Flynn,’’ said Jaime Laredo of every day, comparing numbers with last year tional conference put on by the League Guilford, VSO music director and a violinist and the year before—an activity that shows of Historic American Theatres. and conductor who performs around the Rogers takes nothing for granted, including I am proud to say that all of these world. ‘‘It’s one of the most vibrant arts cen- next season’s existence. accomplishments happened under ters anywhere, not just in the state of ‘‘It takes a lot to keep this going,’’ Rogers Andrea’s tenure. She is widely recog- Vermont. ‘‘It’s so amazing what goes on said. ‘‘It’s not a shoo-in. We start from nized for her passion for performing there, the range of things—from symphonies scratch every year, raising an operating to country music to Broadway shows to re- arts and community development, and budget.’’ Rogers is immersed in putting to- citals to jazz. I don’t know many places like gether next season’s sponsorship, and then her dedication has had an extraor- that. I think it’s fantastic. And I think what comes the budget for fiscal 2011. ‘‘The big- dinary impact on the arts in Vermont. Andrea has done is miraculous.’’ gest part of what I do is supporting every- Marcelle and I have spent some of our Bob Dylan and Phish played at the Flynn body else,’’ Rogers said. She has evening jazz most memorable evenings at the in the 1990s; Mikhail Baryshnikov has per- festival events and shows to attend. ‘‘That Flynn, and Andrea’s enthusiasm for formed on its main stage three times; the part never felt like work,’’ Rogers said. She her work and for her colleagues will be World Saxophone Quartet blew free jazz on a notes a particular change that will come winter’s night in the late ’80s. The contem- dearly missed. I ask unanimous con- with retirement: ‘‘I have to pay now. I’m porary dancer/choreographer Bill T. Jones going to be a good patron.’’ sent to have printed in the RECORD the presented his first full version of ‘‘Last Sup- A COMMUNITY ORGANIZER following article to permanently recog- per at Uncle Tom’s Cabin/The Promised nize Andrea’s contribution to the State Land,’’ outside of New York City, at the Rogers came to her work at the Flynn of Vermont. Flynn. The major work, co-commissioned by through community organizing. She grew up the Flynn and addressing hot-button issues, in New Britain, Conn., and attended college There being no objection, the mate- at the University of Michigan, where she rial was ordered to be printed in the included workshops with Jones and dozens of community members naked on stage as part studied history, history of art and French. RECORD, as follows: of the performance. After college, Rogers moved to New York [From the Burlington Free Press] City, where she lived for almost 10 years. She ART AND COMMUNITY FLYNN CENTER DIRECTOR EXITS, STAGE RIGHT worked for the American Field Service, The Jones piece could serve as Exhibit A in doing community-service work with teen- (By Sally Pollak) what people say is Rogers’ most important agers. A monoprint of a jazz trombone quartet contribution to Burlington: bringing to- She moved here in 1970, interested in living hangs above Andrea Rogers’ desk in her of- gether art and community, with each step of in a small city and drawn to Burlington by a fice at the Flynn Center for the Performing the building of the Flynn a commitment to beloved great aunt and uncle who lived here, Arts. The piece is alive with color—golds and that ideal. and by her love for skiing and sailing. Soon purple—and appears at first to be an abstract ‘‘Andrea has allowed her life to be defined after arriving, Rogers started working in work. But a second look reveals players, in- by the mission of what the Flynn Center is community-based drug-prevention efforts. struments, music stands: art and music in all about,’’ guitarist Paul Asbell said. ‘‘You The job combined her interests in commu- vibrant harmony. ‘‘I love the alive feeling of do it out of love and a sense of mission. It is nity organization and working with young it,’’ Rogers said. ‘‘I have all this artwork, her vision that has been implemented.’’ people. She liked the community involve- and no place at home to put it.’’ Asbell knows the Flynn as a performer and ment, setting up and organizing systems— Rogers has until the end of the month to an audience member, and he knows Bur- but the core issue was not where her true in- find wall space in her Burlington house. The lington before the Flynn existed. terests lay, Rogers said. last day of June will be the final day of Rog- ‘‘The contribution to Burlington is too After four years working in drug-abuse ers’ tenure as executive director of the deep to even count it all,’’ Asbell said. ‘‘It’s prevention, Rogers became founding director Flynn. She will be succeeded by John been remarked thousands of times that for of the Church Street Center for Community Killacky, who has been manager of the arts the size of the city, it’s incredible the type of Education, a university-affiliated center and culture program for the San Francisco cultural events and musical events and artis- that preceded the Firehouse Center for Vis- Foundation. Rogers, who will turn 70 on July tic awareness in Burlington. It’s unbeliev- ual Arts. Her involvement with a community 14, has guided the Flynn since before its cre- able what we’ve grown accustomed to.’’ effort, spearheaded by Lyric Theatre, to pur- ation—when she and other community mem- Along the way, the Flynn has earned a na- chase and renovate the Flynn led to her hir- bers recognized potential in a dilapidated tional reputation among arts organizations ing as its first director. She was writing Main Street theater being used as a cinema. and arts funders for its programming, its au- grants for the project and doing other orga- ‘‘The Flynn was of interest to me—the po- dience-building and its community engage- nizational work when Rogers was asked if tential of the theater to serve as a per- ment. she’d open an office, she recalled. forming-arts center,’’ Rogers said. She was ‘‘To this day, the Flynn stands as model of ‘‘Well,’’ she replied, ‘‘you have to pay me.’’ intrigued by the idea of preserving a historic how to do it right, how to have a strong ar- It was only a ‘‘pittance,’’ she said, but it was building, one whose existence was threat- tistic program and at the same time be a enough to persuade her to devote herself to ened, and adapting it to community use. central node for community,’’ said Philip the Flynn effort. Syndi Zook, executive di- ‘‘It’s something that I saw that needed to Bither, senior curator of performing arts at rector of Lyric Theatre, was a Lyric per- be done. I never dreamed I’d be the director. the Walker Art Center in Minneapolis. He is former when the company endeavored to re- . . . ‘‘Burlington was my home, and I could the former Flynn director of programming/ turn the theater—then owned by Merrill Jar- see there was a need. If people want some- artistic director of the Burlington Discover vis—to a live performance space. ‘‘We wanted thing, and there’s a reasonable chance that Jazz Festival. to put on plays,’’ Zook said. ‘‘We didn’t want they can come together to make it happen, ‘‘We talk about attempting to create cul- to be engaged in the multimillion-dollar it can happen. There were many times when tural commons, places that a diverse range campaign that it would take to bring that

VerDate Mar 15 2010 03:22 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.013 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5264 CONGRESSIONAL RECORD — SENATE June 22, 2010 beautiful building back to its historic stat- Court authored by Chief Justice Wil- in North Dakota that is celebrating its ure.’’ That was left to the newly created liam S. Richardson. As a military vet- 125th anniversary. On July 10, the resi- Flynn board, and to Rogers. eran, attorney, political party leader, dents of Emerado, ND, will gather to ‘‘What we were trying to do was save it elected official, State supreme court celebrate their community’s founding. from the wrecking ball,’’ Zook said. ‘‘What Andrea has done is save this beautiful his- justice and trustee of Hawaii’s largest When the railroad came to Emerado toric landmark that is just a jewel in the private landowner, Chief Justice Rich- in 1882, a town began to take shape on center of the city.’’ ardson’s many contributions helped the Hancock homestead. The town site During her years at the Flynn, Rogers said shape our Nation’s youngest State. was platted in September 1885 by Henry her artistic sensibility grew to include an ap- This great man, a dear brother and Hancock, originally of Ontario, Can- preciation for contemporary dance. She had friend, died yesterday at the age of 90. ada, and by Lewis Emery, Jr., from always enjoyed music—listening, singing and As Chief Justice of the Hawaii Su- playing piano—and contemporary art. ‘‘I Bradford, PA. The village was named preme Court from 1966 to 1982, C.J., as for Emery, owner of one of the first bo- found the merging of music and movement many of us affectionately knew him, and abstract ideas to be really eye-opening nanza farms in North Dakota, con- did so much to preserve Hawaii’s rich and exciting,’’ Rogers said. ‘‘I came to really sisting of 4,480 acres of land. appreciate it, and not to feel the need to to- culture and heritage. As he explained it: Among the early businesses were tally understand it.’’ Fred Ludwick and Henry Raymond, COURAGE AND AMBITION Hawaii has a unique legal system, a system of laws that was originally built on an an- blacksmith; Plup and Morgans Grocery Ambiguity and complex, challenging works cient and traditional culture. While that an- Store; Emery Hotel, built about 1882; would become part of the Flynn’s program- cient culture had largely been displaced, the Virginia Hotel, built around 1915 by ming. Although Rogers said she had the au- nevertheless many of the underlying guiding thority to manage programming, she chose A.A. Hood; Dakota St. Anthony Eleva- principles remained. During the years after not to exercise it. This is the purview of ar- tor; Farmers Elevator; and Bill Han- the illegal overthrow of the Hawaiian King- cock Hardware. The first post office tistic director Arnie Malina and Bither, his dom in 1893 and through Hawaii’s territorial predecessor. period, the decisions of our highest court re- was established on November 25, 1885, Bither came to the Flynn in 1988 from the flected a primarily Western orientation and with Edmund Gale, Jr., serving as the Brooklyn Academy of Music, where he sensibility that wasn’t a comfortable fit with postmaster. curated experimental music and avante- Hawaii’s indigenous people and the immi- The mill was built in the late 1890s garde jazz. Conversations with Rogers before grant population. Thus, we made a conscious he was hired indicated the direction she by J.R. Cooper. Over time, other busi- effort to look to Hawaiian custom and tradi- nesses were developed. Among these wanted to take the theater. It was not nec- tion in deciding our cases—and consistent essarily what one might have predicted, with Hawaiian practice. were the Gritzmacher General Store; given the Flynn’s previous programming, Seebart Brothers painters and decora- A self-described ‘‘local boy from Ha- Bither said. tors; S.S. Hood General Merchandise; waii,’’ C.J. graduated from Roosevelt ‘‘She said she wanted the kind of new William L. Sibell, barber; Charles High School and the University of Ha- thinking, and sometimes provocative pro- Emery Ford Car and International gramming,’’ Bither said. ‘‘She wanted the waii at Manoa, and received his law de- freshest, most interesting artists that are gree from the University of Cincinnati. dealer; George Dean Grocery; Fosnes happening, not just in New York City but In World War II, he joined the U.S. Hardware and Machinery; Ralph around the world.’’ Army and served as a platoon leader Bosard, blacksmith; S.S. Grantham The notion that this kind of programming with the 1st Filipino Infantry Regi- Coop Store; Mary Kelly Cafe; and the would work in a city the size of Burlington ment. He was later inducted into the ‘‘Blind Pig’’ pool hall and barber shop was ‘‘a leap of faith, to say the least,’’ Bither operated by Nick Hickson. said. In those days, management would pin Infantry Officer Candidate School Hall up fliers for Flynn shows on trips to the su- of Fame. C.J. served as the chairman of Emerado was a thriving small town permarket, part of the effort to fill the the Hawaii Democratic Party and as until the disastrous events of May 9, house, Bither recalled. the State’s first Lieutenant Governor 1928. Ashes cleaned out of a nearby lo- A fund to honor Rogers, Andrea’s Legacy of Hawaiian ancestry. Upon retirement comotive ignited, leading to a fire that Fund, was created by the Flynn board to from the Hawaii Supreme Court, Chief razed 24 structures, including the raise money for programming and education, Justice Richardson served as a trustee town’s church, town hall, elevator, sev- initiatives the board identified as key to of the Kamehameha Schools. eral businesses, homes, and barns. The Rogers’ tenure. Board chairman Fred church, elevator, town hall, and one ‘‘Chico’’ Lager said the goal of raising $1.5 C.J.’s modest beginnings influenced million in cash is nearly met. With deferred his future dedication to the underrep- home were soon rebuilt. donations, Andrea’s Legacy Fund totals al- resented, minority, and indigenous Emerado is very proud of the most $2 million, he said. communities of Hawaii. His mixed her- Emerado Elementary School, home of ‘‘Andrea is fiercely committed that we not itage of native Hawaiian, Chinese, and the Bulldogs. Students from kinder- retreat in any way, as is the board,’’ Lager Caucasian ancestry reflected the di- garten through eighth grade are privi- said. ‘‘She’s leaving us in great shape. The verse culture and history of the people. leged to be taught by caring profes- legacy fund will ensure that we will be able He understood the issues most impor- to sustain everything that we are doing, and sionals who share the belief that ‘‘each actually continue to grow.’’ tant to the people and fought hard to student is the most important person Rogers has her own ideas about her legacy, ensure that the legal system provided in school.’’ which she believes is centered on connecting remedies for the most vulnerable popu- In honor of the city’s 125th anniver- themes: artistic excellence and community lations. He will also be remembered for sary, community leaders have orga- involvement. ‘‘You never had one without his work to establish the State’s only nized a parade, carnival games, an all- the other,’’ she said. And though events are law school—The William S. Richardson planned around her retirement, including a school reunion, and many other fun School of Law. Chief Justice Richard- and exciting events. free evening of entertainment June 26 at the son fought vigorously for its creation Flynn, called ‘‘Exit Laughing,’’ Rogers has I ask that my colleagues in the U.S. because he believed Hawaii students her own ideas about how she’d like to leave: Senate join me in congratulating who could not travel to or afford main- ‘‘Personally,’’ she said, ‘‘I would’ve put a Emerado, ND, and its residents on land law schools should have an oppor- barrel on my head and snuck out the door.’’ their first 125 years and in wishing f tunity to study law nevertheless. Chief Justice Richardson was a true them well in the future. By honoring ADDITIONAL STATEMENTS son of Hawaii. He lived his life in serv- Emerado and all other historic small ice to others and did so with a warm towns of North Dakota, we keep the and kind disposition. We celebrate his great pioneering frontier spirit alive REMEMBERING CHIEF JUSTICE life, achievements, and contributions for future generations. It is places such WILLIAM S. RICHARDSON to the State of Hawaii.∑ as Emerado that have helped shape this ∑ country into what it is today, which is Mr. AKAKA. Mr. President, in Ha- f waii all beaches are public. It is one of why this fine community is deserving the things that makes our State a spe- EMERADO, NORTH DAKOTA of our recognition. cial place, and it is due to a landmark ∑ Mr. CONRAD. Mr. President, today, I Emerado has a proud past and a 1968 ruling by the Hawaii Supreme am pleased to recognize a community bright future.∑

VerDate Mar 15 2010 03:22 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.014 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5265 TRIBUTE TO HARRIET O’NEILL ans will be able to enjoy the equal jus- economic challenges that face so many ∑ Mr. CORNYN. Mr. President, on June tice under the law so central to the Arkansas families, and she works tire- 20, Texas Supreme Court Justice Har- American dream. lessly to help them access the re- riet O’Neill retired after a judicial ca- Justice O’Neill has also worked to sources and help they need. reer of more than 17 years. On behalf of protect Texas’ most innocent and dis- Along with all Arkansans, I thank the people of Texas, I would like to advantaged citizens through serving as Linda and the entire Arkansas Legisla- take this time to recognize her many the chairwoman of the Permanent Ju- ture for their leadership and their dedi- accomplishments. dicial Commission for Children, Youth cation to keeping our State strong. I After graduating with honors from and Families. After spearheading the also recognize the other representa- the University of South Carolina creation of this commission in 2007, she tives who were recently elected to School of Law and practicing for a dec- has worked tirelessly to strengthen leadership positions: ade in the field of complex business court practices in the Texas child-pro- David ‘‘Bubba’’ Powers, D–District 3, Ma- litigation, Justice O’Neill was elected tection system. Thanks to her efforts, jority Whip; Charolette Wagner, D–District to Texas’ 152 District Court in 1992. On Texas’ 30,000 abused and neglected fos- 17, Secretary; Barbara Nix, D–District 28, that court, her ability to conduct fair ter children can rest assured that they Treasurer; Butch Wilkins, D–District 74, 1st and impartial hearings was widely-rec- will be able to look forward to a better District Whip; Fred Allen, D–District 33, 2nd District Whip; Greg Leding, D–District 92, ognized and won her the praise of law- tomorrow. 3rd District Whip; and Johnnie Roebuck, D– yers on both sides of the civil bar. Justice O’Neill’s dedication to pro- District 20, 4th District Whip.∑ Less than 3 years later, Justice tecting the vulnerable has also been f O’Neill’s superior record in the district recognized at the national level. In court earned her an appointment and 2006, she was appointed by Attorney TRIBUTE TO MICHAEL K. NEAL subsequent election to Texas’ 14 Court General Alberto Gonzales to serve on ∑ Mrs. LINCOLN. Mr. President, today of Appeals. As an appeals court judge, the Department of Justice’s National I recognize Arkansas wildlife officer she once again stood out from the Advisory Committee on Violence Michael K. Neal, who put himself in crowd. In the words of her colleague, Against Women. In this capacity, she harm’s way earlier this year to save Judge David West, ‘‘Harriet was con- assisted with the implementation of the lives of his fellow law enforcement sidered one of the most reliable judges the Violence Against Women Act and officers. we had. . . She was absolutely flaw- supplied policy advice on programs ad- Officer Neal is credited by the West less.’’ dressing domestic violence, sexual as- Memphis police for stopping a shootout After earning a 91 percent approval sault and stalking. Because these with suspects in the deaths of two of rating from the Houston Bar Associa- crimes are so heinous and their victims their fellow officers. On May 20, Officer tion, the highest on her nine-member are so defenseless, Justice O’Neill’s Neal rammed his truck into a van oc- court, the people of Texas elected Jus- work in this area is particularly impor- cupied by a father and son suspected of tice O’Neill to the Texas Supreme tant and praiseworthy. gunning down West Memphis officers Court in 1998, where she served with Although her professional accolades Brandon Paudert and Bill Evans during honor ever since. In 2002, and again in are impressive in their own right, Jus- a traffic stop on Interstate 40, before 2006, the Texas Association of Civil tice O’Neill’s personal accomplish- exchanging gunfire with law officers Trial and Appellate Specialists named ments are equally so. While devoting who cornered them in a parking lot. her the Appellate Justice of the Year. countless hours to serving the people of Officer Neal was one of 13 officers Even more profoundly, in the case of Texas, she has simultaneously man- from multiple agencies involved in the TGS–NOPEC v. Combs, Justice O’Neill aged to serve as a loving wife to her shootout, and I commend the bravery broke down a long-term barrier when husband Kerry and a dedicated mother and heroism of every law enforcement she became the first woman ever elect- to her three children. Despite 17 years officer involved in this tragic event. I ed to the Texas Supreme Court to pre- of full caseloads, she has found the also send my heartfelt condolences to side as Chief Justice. time to stay actively involved with her the families and loved ones of those As a Judge in the Texas Court Sys- family, including a tenure coaching her who lost their lives. tem, Justice O’Neill has been a model daughters’ youth basketball teams. In Mr. President, I am also proud that for judicial restraint and faithfully in- this busy day and age, Justice O’Neill Officer Neal’s bravery and heroism terpreting the law, as written. Her has provided all of us with an example were recently honored during a cere- opinions have consistently explained of what it truly means to fulfill our mony at the Arkansas Game and Fish the law and the judicial role in a man- duty. Commission, where he was presented ner accessible to the general public. While June 20 marked the end of her with the Medal of Valor by Governor Clearly, she has provided an example service on the Texas Supreme Court, I Mike Beebe. Officer Neal has received for all judges to follow. have no doubt that Justice O’Neill will recognition from West Memphis-area Justice O’Neill’s service to the State remain active in the causes that she legislators, the city of West Memphis of Texas, however, has extended far be- cares so deeply about. On behalf of the and its police department, and by the yond the courtroom doors. Most admi- people of Texas, I thank her for her Crittenden County Quorum Court and rably, she has been an unwavering many contributions. We can only hope sheriff’s office. champion for the legal rights of our so- that her next 17 years will be as re- Officer Neal represents the best of ciety’s most vulnerable citizens. markable.∑ Arkansas, and he is more than deserv- Since its inception in 2001, Justice f ing of these honors. I commend him for O’Neill has been an active member of his valor, bravery, and selflessness.∑ TRIBUTE TO LINDA TYLER the Texas Access to Justice Commis- f sion. Through her work with this orga- ∑ Mrs. LINCOLN. Mr. President, today nization, she has helped to develop and I congratulate State Representative 30TH ANNIVERSARY OF BRICKFEST implement initiatives designed to en- Linda Tyler of Conway, who was re- ∑ Mrs. LINCOLN. Mr. President, today sure that the court system is available cently elected by her peers as the ma- I congratulate the residents of Malvern to meet the basic legal needs of low-in- jority leader for the Arkansas State in my home State of Arkansas as they come Texans. In particular, she was House of Representatives. She is the celebrate the 30th anniversary of heavily involved in creating and dis- first female elected to the position, and Brickfest, a time-honored tradition tributing a self-help Protective Order I commend her for this significant that commemorates the importance of Kit that enables victims of domestic achievement. brick production to the history of the violence to file their own applications Along with my staff, I have worked city of Malvern and Hot Spring Coun- for court-ordered protection for them- with Representative Tyler on behalf of ty. Abundant clay in the area makes it selves and their children. Because so our constituents, and she has always a prime location for brick production, many of our most important rights de- done an excellent job representing the and since 1887, the industry has played pend upon judicial enforcement, her ef- needs of those in her district. As a a leading role in the area’s economic forts have ensured that countless Tex- small business owner, she knows the development.

VerDate Mar 15 2010 03:22 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.036 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5266 CONGRESSIONAL RECORD — SENATE June 22, 2010 Nicknamed ‘‘The Brick Capital of the Sherwood, AR were recently named to Arkansas Busi- World,’’ Malvern celebrates Brickfest Best Junior Division Project: Sputnik: The ness’ ‘‘40 Under 40’’ list for 2010. each year on the last weekend of June. Sky is Never the Limit These young adults represent the I am looking forward to attending this Teacher: Dustin Seaton best of our State, and I am proud to see Students: Morgan Depriest, Alena Higgins, year’s event, which will take place Yulia Batalina them earn this recognition. I am par- June 24–26 at Malvern City Park, com- Alma High School ticularly proud to see one of my own plete with live entertainment, a 5K Alma staffers on this list, Little Rock native race, a car and tractor show, motor- Best Senior Division Project: Disney Ani- Tamika Edwards. I have seen Tamika’s cycle show, and awards for best dressed mations: A Lifetime of Innovation hard work and dedication firsthand, brick, brick toss, brick car derby, and Teachers: Toney McMurray, Erin Mills, and I know that her work ethic is much more. Manesseh Moore shared by all of the recipients of this Acme, now the only brick company Students: Courtney Craft, Breanna prestigious honor. operating in the Malvern area, provides Witherspoon These honorees now join an elite a display of its product, and every year JUNIOR GROUP DOCUMENTARY group of business and community lead- it manufactures dated mini-bricks that Lisa Academy-North ers, and I look forward to working with are distributed as souvenirs. Sherwood them as they continue to grow in their I salute the entire community of Project: Sputnik: The Sky is Never the careers. Malvern and Hot Spring County as Limit Teacher: Dustin Seaton I also commend the editors and read- they celebrate this historic milestone. Students: Morgan Depriest, Alena Higgins, ers of Arkansas Business for choosing I commend them for keeping the his- Yulia Batalina to highlight these young individuals tory and heritage of their community Northridge Middle School and their efforts for our State. alive.∑ Van Buren Members of the 2010 ‘‘40 Under 40’’ f Project: Weather Satellites: The Difference group, as named by Arkansas Business, Between Survival and Death are: ARKANSAS’ NATIONAL HISTORY Teacher: Jeanie Perkins Alexandru Biris, 36—UALR Nanotechnol- DAY WINNERS Students: Braydon Montgomery, Peyton ogy Center Bettencourt ∑ Mrs. LINCOLN. Mr. President, today Chris Bates, 38—The Computer Hut I congratulate the Arkansas elemen- JUNIOR INDIVIDUAL EXHIBIT Allison Cox, 35—Windstream Corp. tary and secondary school students Carl Stuart Middle School John E. Heard, 38—McGehee-Desha County who recently joined students from Conway Hospital across the Nation to participate in the Project: Crossett Experiment of 1916: An Josh Jenkins, 36—Parker Cadillac annual Kenneth E. Behring National Innovation That Changed Malaria Eradi- Mandy Kelley, 38—Greater Hot Springs History Day Contest in Washington, cation Chamber of Commerce Teachers: Sherry Holder, Kaye McMillian Deanna Newberry, 38—Honeywell Inter- DC. This contest in our Nation’s Cap- Student: Rebecca Philpott national Inc. itol is the final stage of a series of Na- JUNIOR PAPER Brian Vandiver, 35—Mitchell Williams tional History Day contests through- Russellville Jr. High School Selig Gates & Woodyard PLLC out the school year at the State and Russellville Michele Simmons Allgood, 39—Williams & local level. Project: The Innovation of the Flushing Anderson PLC Each year, more than half a million Toilet: The Beginning of Human Civilization Kristine G. Baker, 39—Quattlebaum students, encouraged by thousands of Teacher: Aimee Mimms Grooms Tull & Burrow PLC teachers nationwide, participate in Na- Student: Emily Austin Elizabeth Bintliff, 33—Heifer International Shannon E. Butler, 32—City Year Little tional History Day. Students choose SENIOR GROUP EXHIBIT Rock/North Little Rock historical topics related to a theme and Conway High School East Craig Shelly, 34—USA Truck Inc. conduct research through libraries, ar- Conway Jim Chidester, 39—Chidester Engineering chives, museums, oral history inter- Project: The Road to Innovation: The Fed- PLLC views and historic sites. The students eral-Aid Highway Act of 1956 Courtney Henry, 37—Arkansas Court of Ap- then present their work in original pa- Teacher: William Richardson, Charles Wil- peals and Arkansas Supreme Court pers, Web sites, exhibits, performances, liams Audrey House, 32—Chateau Aux Arc Vine- and documentaries, which are evalu- Students: Lauren Hart, Anna Jordan, yards & Winery Annie Patton Sam O’Bryant III, 30—Pulaski County Gov- ated by professional historians and ernment educators. SENIOR INDIVIDUAL DOCUMENTARY Conway High School East Dan Young, 37—Rose Law Firm I commend the commitment to learn- Tom Leonard Jr., 35— ing so clearly on display from the Conway Project: A Picture is Worth A Thousand PricewaterhouseCoopers LLP young Arkansans who took part in this Words: The Innovation of Photojournalism Robert Coon, 30—Impact Management event. Their hard work and dedication Teachers: William Richardson, Charles Group represents the best of our State, and I Williams John Bacon, 39—eStem Public Charter am proud of their achievements. By Student: Elisa Detogni Schools participating in events like National Chad Evans, 39—Arvest Bank SENIOR GROUP PERFORMANCE Kyle Allmendinger, 33—Datek Inc. History Day, our young citizens can de- Conway High School East Tim Hicks, 38—Bank of the Ozarks velop critical thinking and problem- Conway Cristian Murdock, 39—Arkansas State Uni- solving skills, along with confidence Project: One Giant Leap for Mankind: versity and self-esteem. These skills will pre- Apollo 11 and The Innovative Idea To Put A Jason Taylor, 35—First Community Bank pare them for the future and help keep Man On The Moon Justin Acri, 36—KABZ–FM, 103.7 our State and Nation strong. Teachers: William Richardson, Charles Jean C. Block, 36—Office of the Arkansas Arkansas students recognized in the Williams Attorney General, Health Care Bureau annual Kenneth E. Behring National Students: Jeannie Corbitt, Rachel Ford Chris Cranford, 37—Jones Film Video History Day Contest are: SENIOR WEB SITE Tamika Edwards, 31—Office of Senator Pulaski Academy Blanche Lincoln SPECIAL AWARD: HISTORY IN THE FEDERAL Tara Smith, 31—Arkansas Department of GOVERNMENT Little Rock Project: Deng Xiaoping: China’s Economic Higher Education Conway High School East Revolution Brooke Vines, 37—Vines Media Conway Shayla Copas, 36—Shayla Copas Interiors Senior Group Exhibit: The Road to Innova- Teacher: Jody Musgrove Student: Tc Zhang∑ Russell Harris, 39—Entergy Arkansas Inc. tion: The Federal-Aid Highway Act of 1956 Roberts Lee, 39—Meadors Adams & Lee Teachers: William Richardson & Charles f Gwendolyn Bryant-Smith, 35—Central Ar- Williams ARKANSAS’ ‘‘40 UNDER 40’’ kansas Veterans Healthcare System Students: Lauren Hart, Anna Jordan, Melissa Hendricks, 37—Pulaski Technical Annie Patton ∑ Mrs. LINCOLN. Mr. President, today College OUTSTANDING ENTRIES FOR ARKANSAS I honor and congratulate 40 of Arkan- Scott Shirey, 34—KIPP Delta Public Lisa Academy-North sas’s brightest young professionals who School

VerDate Mar 15 2010 04:36 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.016 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5267 Kevin Keech, 39—Keech Law Firm ing record Arkansas flooding in the Marine Fisheries Service, Department of Melissa Snell, 33—Snell Prosthetic & spring of 2008, Colonel Jackson success- Commerce, transmitting, pursuant to law, Orthotic Laboratory∑ fully directed the district’s manage- the report of a rule entitled ‘‘Fisheries of the f Northeastern United States; Atlantic Blue- ment and control of water in the fish Fishery; 2010 Atlantic Bluefish Speci- TRIBUTE TO COLONEL ED Upper-White River Basin to minimize fications’’ (RIN0648–XQ49) received in the Of- JACKSON flood related losses. He also deployed fice of the President of the Senate on June to the State of Texas to assist in the ∑ 16, 2010; to the Committee on Commerce, Mr. PRYOR. Mr. President, today I recovery from Hurricane Ike in Gal- Science, and Transportation. wish to recognize the service of COL veston, TX. EC–6302. A communication from the Assist- Donald E. ‘‘Ed’’ Jackson, Jr., as the Colonel Jackson is a proven leader of ant Administrator for Fisheries, National Commander of the Little Rock Dis- people and organizations. His passion, Marine Fisheries Service, Department of Commerce, transmitting, pursuant to law, trict, U.S. Army Corps of Engineers, leadership, and influence have greatly from June 28, 2007, to June 15, 2010. the report of a rule entitled ‘‘Fisheries of the increased the readiness and effective- Caribbean, Gulf of Mexico, and South Atlan- Colonel Jackson has been assigned to ness of the Little Rock District. I fully tic; Reef Fish Fishery of the Gulf of Mexico; serve as chief of staff of the 8th U.S. believe that he helped shape the dis- Amendment 31; Correction’’ (RIN0648–AX67) Army in Korea where I have no doubt trict to meet the future needs of the received in the Office of the President of the he will go on to serve our country in a people of Arkansas. I appreciate his Senate on June 16, 2010; to the Committee on proud and loyal fashion. He has been a service to the people of Arkansas, and Commerce, Science, and Transportation. pleasure to work with and I wish him I wish him well in his continued service EC–6303. A communication from the Assist- well on his next mission. ∑ ant Administrator for Fisheries, National to our country. Marine Fisheries Service, Department of While Commander of the Little Rock f Commerce, transmitting, pursuant to law, District, Colonel Jackson displayed ex- the report of a rule entitled ‘‘Fisheries of the cellent leadership for one of the most REMEMBERING CLARENCE WOLF Caribbean, Gulf of Mexico, and South Atlan- diverse Army Corps of Engineer dis- GUTS tic; Snapper-Grouper Fishery of the South tricts in the United States while man- ∑ Mr. THUNE. Mr. President, today I Atlantic; Red Snapper Closure’’ (RIN0648– aging roughly 730 employees, 13 locks pay tribute to Clarence Wolf Guts, of AX75) received in the Office of the President and dams, 12 multipurpose lakes and 7 Wanblee, SD. Clarence passed away on of the Senate on June 16, 2010; to the Com- June 16, 2010, at the age of 86. mittee on Commerce, Science, and Transpor- powerplants. Colonel Jackson showed tation. exemplary skill in working with stake- The last surviving Oglala Lakota EC–6304. A communication from the Assist- holders, building relationships, and code talker, Clarence Wolf Guts was an ant Administrator for Fisheries, National providing necessary leadership to exe- American hero. Serving in World War Marine Fisheries Service, Department of cute the district’s programs. II as a Native American code talker, Commerce, transmitting, pursuant to law, Under his command, the district ini- Clarence helped win the war by trans- the report of a rule entitled ‘‘Atlantic Highly tiated many major projects including mitting critical military messages in Migratory Species; Atlantic Shark Manage- ment Measures; Amendment 3’’ (RIN0648– construction on Ozark Hydro-electric his native language, which the Japa- nese and German militaries could not AW65) received in the Office of the President powerplant rehabilitation and the land- of the Senate on June 16, 2010; to the Com- mark White River Minimum Flow translate. mittee on Commerce, Science, and Transpor- Project along the Upper-White River Clarence enlisted in the U.S. Army tation. Basin. These were not easy assign- on June 17, 1942, at age 18. One of 11 EC–6305. A communication from the Dep- ments, but under his leadership, Ar- South Dakotan Lakota, Nakota, and uty Assistant Administrator for Regulatory Programs, National Marine Fisheries Serv- kansas made significant headway. I Dakota Native American code talkers, Clarence was recruited to help develop ice, Department of Commerce, transmitting, also commend him for the critical lead- pursuant to law, the report of a rule entitled ership he provided for his neighboring a phonetic alphabet based on the Lakota language. This alphabet was ‘‘International Fisheries; Western and Cen- districts to improve quality of service tral Pacific Fisheries for Highly Migratory at Corps of Engineers operated camp- eventually used to develop the Lakota Species; Fishing Restrictions and Observer grounds. And, he did an excellent job of code. Requirements in Purse Seine Fisheries for Serving as a code talker, Clarence’s implementing the American Recovery 2009–2011’’ (RIN0648–XW12) received in the Of- primary job was transmitting coded fice of the President of the Senate on June and Reinvestment Act funding for the messages from a general to his chief of 16, 2010; to the Committee on Commerce, Little Rock District, which provided staff in the field. Courageous and self- Science, and Transportation. much needed investments in aging in- sacrificing, the efforts of Clarence and EC–6306. A communication from the Acting frastructure. He did this while also Director of Sustainable Fisheries, National other code talkers were essential for overseeing the operation and mainte- Marine Fisheries Service, Department of the Allied victory. Commerce, transmitting, pursuant to law, nance of the McClellan-Kerr Naviga- Honorably discharged on January 13, tion Channel, which is one of our na- the report of a rule entitled ‘‘Fisheries of the 1946, Pfc. Wolf Guts was a man willing Northeastern United States; Summer Floun- tion’s best navigation systems serving and able to serve his country. I have a der Fishery; Quota Transfer’’ (RIN0648–XW47) as a critical component of our econ- great deal of respect for Clarence and received in the Office of the President of the omy. for the extraordinary contributions Mr. Senate on June 16, 2010; to the Committee on To go along with his service on en- Wolf Guts made to our country. The ef- Commerce, Science, and Transportation. ergy and water infrastructure projects, EC–6307. A communication from the Acting forts of the Lakota Code Talkers saved Director of Sustainable Fisheries, National he played a critical role in overseeing the lives of many soldiers, and Clar- and executing a $750 million program of Marine Fisheries Service, Department of ence Wolf Guts was a true American Commerce, transmitting, pursuant to law, military construction for the Little hero. the report of a rule entitled ‘‘Fisheries of the Rock Air Force Base and Pine Bluff Ar- Today I wish to celebrate the life of Exclusive Economic Zone Off Alaska; Pacific senal to improve the quality of life and an extraordinary man. As we mourn Cod by Catcher Vessels Less Than 60 Feet work for our soldiers. Colonel Jackson the loss of this great South Dakotan, I (18.3 m) Length Overall Using Hook-and-Line also developed strong relationships or Pot Gear in the Bering Sea and Aleutian extend my thoughts, prayers and best Islands Management Area’’ (RIN0648–XW55) with the Regional Veteran’s Adminis- wishes to Clarence’s family, friends, tration by assisting with $175 million received in the Office of the President of the and loved ones.∑ Senate on June 16, 2010; to the Committee on in projects critical to the healthcare f Commerce, Science, and Transportation. system, and he assumed a new mission EC–6308. A communication from the Assist- by managing the world-wide Air Force EXECUTIVE AND OTHER ant Secretary for Export Administration, Medical Command O&M program with COMMUNICATIONS Bureau of Industry and Security, Depart- a $180 million budget. The following communications were ment of Commerce, transmitting, pursuant In addition to his skills in managing to law, the report of a rule entitled laid before the Senate, together with ‘‘Encryption Export Controls: Revision of Li- scheduled operations, Colonel Jackson accompanying papers, reports, and doc- cense Exception ENC and Mass Market Eligi- exhibited adaptability and care for the uments, and were referred as indicated: bility, Submission Procedures, Reporting people during local and regional emer- EC–6301. A communication from the Assist- Requirements, License Application Require- gencies in different major events. Dur- ant Administrator for Fisheries, National ments, and Addition of Note 4 to Category 5,

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.018 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5268 CONGRESSIONAL RECORD — SENATE June 22, 2010 Part 2’’ (RIN0694–AE89) received in the Office Nos. AMS–FV–09–0091; FV10–916–917–2 FR) re- By Mr. FRANKEN (for himself, Mr. of the President of the Senate on June 18, ceived in the Office of the President of the KOHL, Mr. MENENDEZ, Ms. 2010; to the Committee on Commerce, Senate on June 18, 2010; to the Committee on KLOBUCHAR, Mr. FEINGOLD, Mr. DUR- Science, and Transportation. Agriculture, Nutrition, and Forestry. BIN, and Mrs. FEINSTEIN): EC–6309. A communication from the Ad- EC–6316. A communication from the Ad- S. 3522. A bill to protect children affected ministrator of the Fruit and Vegetable Pro- ministrator of the Fruit and Vegetable Pro- by immigration enforcement actions, and for grams, Agricultural Marketing Service, De- grams, Agricultural Marketing Service, De- other purposes; to the Committee on the Ju- partment of Agriculture, transmitting, pur- partment of Agriculture, transmitting, pur- diciary. suant to law, the report of a rule entitled suant to law, the report of a rule entitled f ‘‘Grapes Grown in a Designated Area of ‘‘Blueberry Promotion, Research, and Infor- Southeastern California and Imported Table mation Order; Increase Membership’’ (Dock- ADDITIONAL COSPONSORS Grapes; Relaxation of Handling Require- et Nos. AMS–FV–09–0022; FV–09–705) received S. 311 ments’’ (Docket Nos. AMS–FV–09–0085; FV10– in the Office of the President of the Senate At the request of Mrs. BOXER, the 925–1 FIR) received in the Office of the Presi- on June 18, 2010; to the Committee on Agri- name of the Senator from New Jersey dent of the Senate on June 18, 2010; to the culture, Nutrition, and Forestry. Committee on Agriculture, Nutrition, and EC–6317. A communication from the Ad- (Mr. MENENDEZ) was added as a cospon- Forestry. ministrator of the Fruit and Vegetable Pro- sor of S. 311, a bill to prohibit the ap- EC–6310. A communication from the Ad- grams, Agricultural Marketing Service, De- plication of certain restrictive eligi- ministrator of the Fruit and Vegetable Pro- partment of Agriculture, transmitting, pur- bility requirements to foreign non- grams, Agricultural Marketing Service, De- suant to law, the report of a rule entitled governmental organizations with re- partment of Agriculture, transmitting, pur- ‘‘User Fees for 2010 Crop Cotton Classifica- spect to the provision of assistance suant to law, the report of a rule entitled tion Services to Growers’’ (Docket Nos. under part I of the Foreign Assistance ‘‘Sweet Onions Grown in the Walla Walla AMS–CN–09–0011; CN–10–001) received in the Act of 1961. Valley of Southeast Washington and North- Office of the President of the Senate on June S. 334 east Oregon; Changes to Reporting and As- 18, 2010; to the Committee on Agriculture, sessment Due Dates’’ (Docket Nos. AMS–FV– Nutrition, and Forestry. At the request of Mr. LUGAR, the 10–0020; FV10–956–1 FR) received in the Office name of the Senator from Maryland f of the President of the Senate on June 18, (Mr. CARDIN) was added as a cosponsor 2010; to the Committee on Agriculture, Nu- REPORTS OF COMMITTEES of S. 334, a bill to authorize the exten- trition, and Forestry. The following reports of committees sion of nondiscriminatory treatment EC–6311. A communication from the Ad- (normal trade relations treatment) to ministrator of the Fruit and Vegetable Pro- were submitted: grams, Agricultural Marketing Service, De- By Mr. KERRY, from the Committee on the products of Moldova. partment of Agriculture, transmitting, pur- Foreign Relations, with an amendment in S. 457 suant to law, the report of a rule entitled the nature of a substitute: At the request of Mr. THUNE, the ‘‘Tart Cherries Grown in the States of Michi- S. 3104. A bill to permanently authorize name of the Senator from Maine (Ms. gan, New York, Pennsylvania, Oregon, Utah, Radio Free Asia, and for other purposes COLLINS) was added as a cosponsor of S. Washington, and Wisconsin; Order Amending (Rept. No. 111–214). 457, a bill to establish pilot projects Marketing Order No. 930’’ (Docket Nos. AO– f under the Medicare program to provide 370–A8; AMS–FV–06–0213; FV07–930–2) re- incentives for home health agencies to ceived in the Office of the President of the INTRODUCTION OF BILLS AND Senate on June 18, 2010; to the Committee on JOINT RESOLUTIONS utilize home monitoring and commu- nications technologies. Agriculture, Nutrition, and Forestry. The following bills and joint resolu- EC–6312. A communication from the Ad- tions were introduced, read the first S. 478 ministrator of the Fruit and Vegetable Pro- and second times by unanimous con- At the request of Mr. DEMINT, the grams, Agricultural Marketing Service, De- name of the Senator from Iowa (Mr. sent, and referred as indicated: partment of Agriculture, transmitting, pur- GRASSLEY) was added as a cosponsor of suant to law, the report of a rule entitled By Mr. AKAKA: S. 478, a bill to amend the National S. 3517. A bill to amend title 38, United ‘‘Marketing Order Regulating the Handling Labor Relations Act to ensure the of Spearmint Oil Produced in the Far West; States Code, to improve the processing of Salable Quantities and Allotment Percent- claims for disability compensation filed with right of employees to a secret-ballot ages for the 2010–2011 Marketing Year’’ the Department of Veterans Affairs, and for election conducted by the National (Docket Nos. AMS–FV–09–0082; FV10–985–1 other purposes; to the Committee on Vet- Labor Relations Board. FR) received in the Office of the President of erans’ Affairs. S. 565 the Senate on June 18, 2010; to the Com- By Mr. LEAHY (for himself, Mr. SES- At the request of Mr. DURBIN, the mittee on Agriculture, Nutrition, and For- SIONS, Mr. SPECTER, Mr. SCHUMER, name of the Senator from Maryland and Mr. LIEBERMAN): estry. (Mr. CARDIN) was added as a cosponsor EC–6313. A communication from the Ad- S. 3518. A bill to amend title 28, United ministrator of the Fruit and Vegetable Pro- States Code, to prohibit recognition and en- of S. 565, a bill to amend title XVIII of grams, Agricultural Marketing Service, De- forcement of foreign defamation judgments the Social Security Act to provide con- partment of Agriculture, transmitting, pur- in United States Courts where those judg- tinued entitlement to coverage for im- suant to law, the report of a rule entitled ments undermine the first amendment to the munosuppressive drugs furnished to ‘‘Tart Cherries Grown in the States of Michi- Constitution of the United States, and to beneficiaries under the Medicare Pro- gan, et al.; Final Free and Restricted Per- provide a cause of action for declaratory gram that have received a kidney centages for the 2009–2010 Crop Year’’ (Dock- judgment relief against a party who has transplant and whose entitlement to et Nos. AMS–FV–09–0069; FV09–930–2 FR) re- brought a successful foreign defamation ac- coverage would otherwise expire, and tion whose judgment undermines the first ceived in the Office of the President of the for other purposes. Senate on June 18, 2010; to the Committee on amendment; to the Committee on the Judici- Agriculture, Nutrition, and Forestry. ary. S. 714 EC–6314. A communication from the Ad- By Ms. SNOWE (for herself, Mr. KOHL, At the request of Mr. WEBB, the name ministrator of the Fruit and Vegetable Pro- and Mr. LIEBERMAN): of the Senator from New Hampshire grams, Agricultural Marketing Service, De- S. 3519. A bill to stabilize the matching re- (Mrs. SHAHEEN) was added as a cospon- partment of Agriculture, transmitting, pur- quirement for participants in the Hollings sor of S. 714, a bill to establish the Na- suant to law, the report of a rule entitled Manufacturing Partnership Program; to the tional Criminal Justice Commission. ‘‘Sweet Cherries Grown in Designated Coun- Committee on Commerce, Science, and S. 1055 ties in Washington; Change in the Handling Transportation. Regulation’’ (Docket Nos. AMS–FV–09–0033; By Ms. STABENOW (for herself, Mr. At the request of Mr. LEAHY, his FV09–923–1 FR) received in the Office of the MERKLEY, Mr. FRANKEN, Mr. BROWN name was added as a cosponsor of S. President of the Senate on June 18, 2010; to of Ohio, and Mr. WHITEHOUSE): 1055, a bill to grant the congressional the Committee on Agriculture, Nutrition, S. 3520. A bill to provide for an extension of gold medal, collectively, to the 100th and Forestry. unemployment insurance; to the Committee Infantry Battalion and the 442nd Regi- EC–6315. A communication from the Ad- on Finance. mental Combat Team, United States ministrator of the Fruit and Vegetable Pro- By Ms. MURKOWSKI: Army, in recognition of their dedicated grams, Agricultural Marketing Service, De- S. 3521. A bill to provide for the reestab- partment of Agriculture, transmitting, pur- lishment of a domestic rare earths materials service during World War II. suant to law, the report of a rule entitled production and supply industry in the United S. 1237 ‘‘Nectarines and Peaches Grown in Cali- States, and for other purposes; to the Com- At the request of Mrs. MURRAY, the fornia; Increased Assessment Rates’’ (Docket mittee on Energy and Natural Resources. name of the Senator from Maryland

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.017 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5269 (Mr. CARDIN) was added as a cosponsor nal Revenue Code of 1986 to modify the S. 3364 of S. 1237, a bill to amend title 38, rules relating to the treatment of indi- At the request of Mr. UDALL of Colo- United States Code, to expand the viduals as independent contractors or rado, the name of the Senator from Ar- grant program for homeless veterans employees, and for other purposes. kansas (Mrs. LINCOLN) was added as a with special needs to include male S. 2903 cosponsor of S. 3364, a bill to amend the homeless veterans with minor depend- At the request of Mr. BURR, the name Energy Policy and Conservation Act to ents and to establish a grant program of the Senator from New Hampshire establish the Office of Energy and Re- for reintegration of homeless women (Mr. GREGG) was added as a cosponsor newable Energy as the lead Federal veterans and homeless veterans with of S. 2903, a bill to amend the Child agency for coordinating Federal, State, children, and for other purposes. Care and Development Block Grant Act and local assistance provided to pro- S. 1360 of 1990 to require criminal background mote the energy retrofitting of schools. S. 3479 At the request of Mr. BINGAMAN, the checks for child care providers. name of the Senator from Wisconsin S. 3058 At the request of Mrs. HAGAN, the name of the Senator from Connecticut (Mr. FEINGOLD) was added as a cospon- At the request of Mr. DORGAN, the sor of S. 1360, a bill to amend the Inter- name of the Senator from Oregon (Mr. (Mr. DODD) was added as a cosponsor of nal Revenue Code of 1986 to exclude MERKLEY) was added as a cosponsor of S. 3479, a bill to authorize the Sec- from gross income amounts received on S. 3058, a bill to amend the Public retary of Health and Human Services, account of claims based on certain un- Health Service Act to reauthorize the acting through the Director of the Cen- lawful discrimination and to allow in- special diabetes programs for Type I di- ters for Disease Control and Preven- tion, to establish and implement a come averaging for backpay and abetes and Indians under that Act. birth defects prevention, risk reduc- frontpay awards received on account of S. 3108 tion, and public awareness program. such claims, and for other purposes. At the request of Mr. MENENDEZ, the S. 3481 S. 1445 name of the Senator from Arkansas At the request of Mr. CARDIN, the At the request of Mr. LAUTENBERG, (Mrs. LINCOLN) was added as a cospon- sor of S. 3108, a bill to amend title 31 of name of the Senator from Ohio (Mr. the name of the Senator from Min- VOINOVICH) was added as a cosponsor of nesota (Mr. FRANKEN) was added as a the United States Code to require that Federal children’s programs be sepa- S. 3481, a bill to amend the Federal cosponsor of S. 1445, a bill to amend the Water Pollution Control Act to clarify rately displayed and analyzed in the Public Health Service Act to improve Federal responsibility for stormwater President’s budget. the health of children and reduce the pollution. S. 3234 occurrence of sudden unexpected infant S. 3512 At the request of Mrs. MURRAY, the death and to enhance public health ac- At the request of Mrs. HUTCHISON, the name of the Senator from New Jersey tivities related to stillbirth. names of the Senator from Arizona (Mr. LAUTENBERG) was added as a co- S. 1545 (Mr. MCCAIN) and the Senator from sponsor of S. 3234, a bill to improve em- At the request of Mrs. GILLIBRAND, Georgia (Mr. ISAKSON) were added as ployment, training, and placement the name of the Senator from Mary- cosponsors of S. 3512, a bill to provide services furnished to veterans, espe- land (Mr. CARDIN) was added as a co- a statutory waiver of compliance with sponsor of S. 1545, a bill to expand the cially those serving in Operation Iraqi the Jones Act to foreign flagged vessels research and awareness activities of Freedom and Operation Enduring Free- assisting in responding to the Deep- the National Institute of Arthritis and dom, and for other purposes. water Horizon oil spill. S. 3320 Musculoskeletal and Skin Diseases and S. 3513 At the request of Mr. WHITEHOUSE, the Centers for Disease Control and At the request of Mr. BAUCUS, the Prevention with respect to the names of the Senator from Maine name of the Senator from Kansas (Mr. (Ms. COLLINS) and the Senator from Il- scleroderma, and for other purposes. BROWNBACK) was added as a cosponsor linois (Mr. BURRIS) were added as co- S. 1598 of S. 3513, a bill to amend the Internal sponsors of S. 3320, a bill to amend the At the request of Mr. SCHUMER, the Revenue Code of 1986 to extend for one Public Health Service Act to provide name of the Senator from Nebraska year the special depreciation allow- for a Pancreatic Cancer Initiative, and (Mr. JOHANNS) was added as a cospon- ances for certain property. for other purposes. sor of S. 1598, a bill to amend the Na- S. RES. 411 S. 3339 tional Child Protection Act of 1993 to At the request of Mrs. LINCOLN, the At the request of Mr. KERRY, the establish a permanent background name of the Senator from Maine (Ms. name of the Senator from Montana check system. COLLINS) was added as a cosponsor of S. (Mr. TESTER) was added as a cosponsor S. 2750 Res. 411, a resolution recognizing the of S. 3339, a bill to amend the Internal importance and sustainability of the At the request of Mr. SCHUMER, the Revenue Code of 1986 to provide a re- United States hardwoods industry and name of the Senator from Minnesota duced rate of excise tax on beer pro- urging that United States hardwoods (Mr. FRANKEN) was added as a cospon- duced domestically by certain small and the products derived from United sor of S. 2750, a bill to amend the Pub- producers. States hardwoods be given full consid- lic Health Service Act to authorize the S. 3345 eration in any program to promote Secretary of Health and Human Serv- At the request of Mr. WHITEHOUSE, construction of environmentally pref- ices to make grants to eligible States the name of the Senator from New erable commercial, public, or private for the purpose of reducing the stu- Hampshire (Mrs. SHAHEEN) was added buildings. dent-to-school nurse ratio in public as a cosponsor of S. 3345, a bill to S. RES. 541 secondary schools, elementary schools, amend title 46, United States Code, to At the request of Mr. CONRAD, the and kindergarten. remove the cap on punitive damages name of the Senator from West Vir- S. 2801 established by the Supreme Court in ginia (Mr. ROCKEFELLER) was added as At the request of Mr. FRANKEN, the Exxon Shipping Company v. Baker. a cosponsor of S. Res. 541, a resolution name of the Senator from Louisiana S. 3347 designating June 27, 2010, as ‘‘National (Ms. LANDRIEU) was added as a cospon- At the request of Mr. VITTER, the Post-Traumatic Stress Disorder Aware- sor of S. 2801, a bill to provide children names of the Senator from Nebraska ness Day’’. in foster care with school stability and (Mr. NELSON), the Senator from Ten- S. RES. 546 equal access to educational opportuni- nessee (Mr. ALEXANDER), the Senator At the request of Mr. SPECTER, the ties. from Georgia (Mr. ISAKSON) and the names of the Senator from Oregon (Mr. S. 2882 Senator from Georgia (Mr. CHAMBLISS) WYDEN) and the Senator from Florida At the request of Mr. KERRY, the were added as cosponsors of S. 3347, a (Mr. LEMIEUX) were added as cospon- name of the Senator from Minnesota bill to extend the National Flood Insur- sors of S. Res. 546, a resolution recog- (Mr. FRANKEN) was added as a cospon- ance Program through December 31, nizing the National Museum of Amer- sor of S. 2882, a bill to amend the Inter- 2010. ican Jewish History, an affiliate of the

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.020 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5270 CONGRESSIONAL RECORD — SENATE June 22, 2010 Smithsonian Institution, as the only adapted by the Secretary of Health and tial review at the Board of Veterans’ museum in the United States dedicated Human Services for electronic trans- Appeals unless the claimant or the exclusively to exploring and preserving mission of medical data. claimant’s representative requests in the American Jewish experience. This proposed pilot program would writing that the agency of original ju- S. RES. 552 take place in six to ten regional offices risdiction initially review such evi- At the request of Mr. BENNET, the and require VA to develop a new meth- dence. This legislation would also re- names of the Senator from New Hamp- od of rating claims, which would con- place the Secretary’s obligation to pro- sider the frequency, severity, and dura- shire (Mrs. SHAHEEN) and the Senator vide a Statement of the Case with an tion of symptoms of the disability in from Alaska (Mr. BEGICH) were added obligation to provide a post-Notice of as cosponsors of S. Res. 552, a resolu- rating the claim, rather than the cur- Disagreement decision. The post-No- tion designating June 23, 2010, as rent rating schedule published in the tice of Disagreement decision would be ‘‘Olympic Day’’. Code of Federal Regulations. The cur- in plain language and contain a de- rent rating schedule adds to the com- AMENDMENT NO. 4342 scription of the specific facts in the plexity of claims adjudication, because case that support the decision includ- At the request of Ms. SNOWE, the many disabilities claimed are not ex- ing, if applicable, an assessment as to name of the Senator from Utah (Mr. actly as described in the regulation and the credibility of any lay evidence per- HATCH) was added as a cosponsor of several rating codes may need to be tinent to the issue or issues with which amendment No. 4342 intended to be pro- considered. The new rating schedule disagreement has been expressed; a ci- posed to H.R. 4213, a bill to amend the would focus on the impact of the dis- tation to pertinent laws and regula- Internal Revenue Code of 1986 to extend ability, for example, an inability to tions that support the decision; the de- certain expiring provisions, and for walk normally, rather than a par- cision on each issue and a summary of other purposes. ticular VA rating code classification. the reasons why the evidence relied f All limitations resulting from all dis- upon supports such decision under the STATEMENTS ON INTRODUCED abilities of the musculoskeletal system specific laws and regulations applied; BILLS AND JOINT RESOLUTIONS would be combined to provide one rat- and the date by which a substantive ing, rather than separate ratings for appeal must be filed in order to obtain By Mr. AKAKA: each individual disability. This infor- further review of the decision. The Sec- S. 3517. A bill to amend title 38, mation would be placed into an orga- retary would also be required to send, United States Code, to improve the nized and searchable electronic record. with a rating decision, a form that if processing of claims for disability com- A veteran could elect to not partici- completed and returned, would suffice pensation filed with the Department of pate in the pilot program. I believe as a notice of disagreement. Veterans Affairs, and for other pur- that such an approach will result in This is not a comprehensive recita- poses; to the Committee on Veterans’ fairer, comprehensive ratings for the tion of all of the provisions within this Affairs. entire musculoskeletal system. important veterans’ legislation but Mr. AKAKA. Mr. President, as Chair- Title II of the bill includes a number does, I hope, provide an overview of the man of the Senate Committee on Vet- of provisions that are intended to yield changes encompassed in this bill. erans’ Affairs, I introduce the proposed some near-term changes to the claims Everyone involved realizes that there Claims Processing Improvement Act of processing system and should help re- is no quick fix to solving the myriad 2010, to focus on enhancements that duce the overall time a claim is under issues associated with disability claims can be made to adjudicate veterans’ consideration by VA. During the last processing, but the Committee intends disability compensation claims in a several years, the Committee has held to do everything within its power to more timely and accurate manner. oversight hearings on the claims proc- improve this situation. To bring opti- VA has seen a dramatic rise in the essing system. Many of the provisions mal change to a system this com- number of claims, driven by a number in this legislation were first suggested plicated and critical, we must be delib- of factors, including the aging of the by veterans service organizations and erative, focused, and open to input general veteran population and our other interested parties in connection from all who are involved in this proc- prolonged involvement in two overseas with those hearings. Others have been ess. conflicts. Further complicating mat- recommended by the administration. ters, many claims are increasing in The legislation I am introducing today Mr. President, I ask unanimous con- complexity, as veterans seek service- serves as a starting point to move for- sent that the text of the bill be printed connection for multiple disabilities and ward in our effort to improve VA’s in the RECORD. for disabilities that are difficult to di- claims adjudication process. There being no objection, the text of agnose, such as traumatic brain injury Provisions in title II would allow for the bill was ordered to be printed in and post traumatic stress disorder. VA to issue partial ratings of claims the RECORD, as follows: Claims adjudication is an intricate that include multiple issues for those S. 3517 process that has seen many piecemeal issues that can adjudicated expedi- Be it enacted by the Senate and House of Rep- changes in recent years. Unfortu- tiously; give equal deference to private resentatives of the United States of America in nately, these changes have yet to medical opinions during the rating Congress assembled, produce the results that veterans de- process; and clarify that the Secretary SECTION 1. SHORT TITLE; TABLE OF CONTENTS. serve. My goal, a goal that I am sure is is required to provide notice to claim- (a) SHORT TITLE.—This Act may be cited as widely shared, is to ensure that vet- ants of additional information and evi- the ‘‘Claims Processing Improvement Act of erans are provided accurate and timely dence required only when additional 2010’’. resolution to their claims. evidence is actually required. It would (b) TABLE OF CONTENTS.—The table of con- This legislation I am introducing also modify filing periods for notices of tents for this Act is as follows: today would make several improve- disagreement from one year to 180 days Sec. 1. Short title; table of contents. ments in the claims adjudication proc- and require a claimant to file a sub- TITLE I—RATING OF SERVICE- ess. Provisions in title I of the bill stantive appeal within 60 days of the CONNECTED DISABILITIES MATTERS would establish a pilot program that Department issuing a post-Notice of Sec. 101. Pilot program on evaluation and would utilize ICD codes to identify dis- Disagreement decision both of these rating of service-connected dis- abilities of the musculoskeletal sys- modifications would contain good abilities of the musculoskeletal tem. Over fifty percent of Operations cause exceptions to the filing dead- system. Iraqi and Enduring Freedom veterans lines. TITLE II—ADJUDICATION AND APPEAL that the Department of Veterans Af- Other provisions in title II would MATTERS fairs has had some health care contact automatically waive the review of new Sec. 201. Partial adjudication of claims for with have a possible musculoskeletal evidence by the agency of original ju- disability compensation con- diagnosis. ICD codes are standard med- risdiction, usually a Regional Office, so sisting of multiple issues one or ical condition identification codes used that any evidence submitted after the more of which can be quickly in electronic records that have been initial decision would be subject to ini- adjudicated.

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0655 E:\CR\FM\A22JN6.021 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5271 Sec. 202. Clarification that requirement of of identifying disabilities of the musculo- sessments with the instrument required by Secretary of Veterans Affairs skeletal system. paragraph (4)(B). to provide notice to claimants (B) A residual functional capacity assess- (B) AVAILABILITY.—The Secretary shall of additional information and ment instrument to describe the functional make the forms established under subpara- evidence required only applies musculoskeletal loss resulting from any dis- graph (A) available to the public in an elec- when additional information or ability of the musculoskeletal system. tronic format for use by any physician or evidence is actually required. (C) Mechanisms for the assignment of one other medical provider in assessing the re- Sec. 203. Equal deference to private medical residual functional capacity rating for all sidual functional capacity related to disabil- opinions in assessing claims for musculoskeletal disabilities determined to ities of the musculoskeletal system. disability compensation. be service-connected, which mechanisms (6) EXEMPTION FROM APA.—The establish- Sec. 204. Improvements to disability com- shall take into account the following: ment of the alternative schedule required by pensation claim review process. (i) Frequency of symptoms affecting resid- paragraph (1) shall not be subject to the re- Sec. 205. Provision by Secretary of Veterans ual functional capacity of the musculo- quirements of subchapter II of chapter 5, and Affairs of notice of disagree- skeletal system, set forth as a range of— chapter 7, of title 5, United States Code ment forms to initiate appel- (I) infrequent (once a year or less); (commonly known as the ‘‘Administrative late review with notices of deci- (II) several (two to six) times a year; Procedure Act’’). sions of Department of Vet- (III) occasional (seven to twelve times a (c) APPLICATION OF ALTERNATIVE SCHED- erans Affairs. year); ULE.— Sec. 206. Modification of filing period for no- (IV) weekly; and (1) IN GENERAL.—In carrying out the pilot tice of disagreement to initiate (V) daily or continuous. program, the Secretary shall apply the alter- appellate review of decisions of (ii) Severity of symptoms affecting resid- native schedule for rating disabilities estab- Department of Veterans Af- ual functional capacity of the musculo- lished under subsection (b) to veterans de- fairs. skeletal system resulting in loss of func- scribed in paragraph (3) who have a condition Sec. 207. Modification of substantive appeal tional capacity of the musculoskeletal sys- of the musculoskeletal system that has been process. tem, set forth as a range of— determined to be a disability incurred or ag- Sec. 208. Provision of post-notice of dis- (I) minimal (symptoms present but requir- gravated during military service to deter- agreement decisions to claim- ing no treatment); mine the rating to be assigned for such dis- ability. ants who file notice of disagree- (II) slight (such as requiring minor alter- (2) APPLICATION THROUGH REGIONAL OF- ments. ation of activity or treatment with over-the- FICES.— Sec. 209. Automatic waiver of agency of counter medication); (A) IN GENERAL.—The Secretary shall apply original jurisdiction review of (III) mild (such as requiring rest of rel- the alternative schedule for rating service- new evidence. evant body part and use of over-the-counter connected disabilities under this subsection Sec. 210. Authority for Board of Veterans’ medication, prescription medication, or through not fewer than six and not more Appeals to determine location therapy, such as ice or heat to an affected than ten regional offices of the Department and manner of appearance for part); of Veterans Affairs selected by the Secretary hearings. (IV) moderate (such as requiring medical evaluation and treatment or prescription for purposes of the pilot program. Sec. 211. Decision by Court of Appeals for medication for pain or symptom control with (B) DIVERSITY OF SELECTION.—In selecting Veterans Claims on all issues side effects which can be expected to inter- regional offices under subparagraph (A), the raised by appellants. fere with full performance of work-related Secretary shall select— Sec. 212. Good cause extension of period for activities); and (i) at least one regional office considered filing notice of appeal with (V) moderately severe to severe (such as by the Secretary to be a small office; United States Court of Appeals requiring the need to use assistive devices (ii) at least one regional office considered for Veterans Claims. for ambulation, use of opioid or similar pre- by the Secretary to be a large office; and Sec. 213. Pilot program on participation of scription medication to control pain which (iii) regional offices representing a variety local and tribal governments in precludes driving or being around machin- of geographic settings. improving quality of claims for ery, in-patient hospitalization or rehabilita- (3) COVERED VETERANS.—Veterans described disability compensation sub- tion or frequent out-patient treatment phys- in this paragraph are veterans who— mitted to Department of Vet- ical therapy, or loss or loss of use of func- (A) submit to the Secretary more than one erans Affairs. tional capacity in both arms or feet, or one year after their date of discharge or release TITLE I—RATING OF SERVICE- arm and one foot, or requiring a wheelchair from the active military, naval, or air serv- CONNECTED DISABILITIES MATTERS for mobility). ice an original claim for benefits under the SEC. 101. PILOT PROGRAM ON EVALUATION AND (iii) Duration of symptoms affecting resid- laws administered by the Secretary; RATING OF SERVICE-CONNECTED ual functional capacity of the musculo- (B) allege in the claim described in sub- DISABILITIES OF THE MUSCULO- skeletal system resulting in reduced func- paragraph (A) the existence of a condition of SKELETAL SYSTEM. tional capacity of the musculoskeletal sys- the musculoskeletal system that was in- (a) PILOT PROGRAM REQUIRED.—The Sec- tem, set forth as a range of— curred or aggravated in such military, naval, retary of Veterans Affairs shall carry out a (I) one day or less to one week; or air service; pilot program to assess the feasibility and (II) more than one week but less than four (C) file such claim with a regional office of advisability of applying an alternative weeks; the Department with original jurisdiction of schedule for rating service-connected disabil- (III) four weeks or more but less than six the claim that is participating in the pilot ities of the musculoskeletal system. months; program; and (b) SCHEDULE FOR RATING SERVICE-CON- (IV) six months or more but less than one (D) have not expressly declined participa- NECTED DISABILITIES.— year; and tion in the pilot program. (1) IN GENERAL.—Not later than 240 days (V) one year or more. (4) RELATION TO COMBINED RATINGS TABLE.— after the date of the enactment of this Act, (D) Mechanisms for the assignment of rat- A rating assigned for a musculoskeletal serv- the Secretary shall establish an alternative ings of disability in certain cases as follows: ice-connected disability under the pilot pro- schedule for rating service-connected disabil- (i) If the veteran has an active musculo- gram shall be determined without regard to ities of the musculoskeletal system. skeletal cancer or other active musculo- the Combined Ratings Table in title 38, Code (2) PUBLICATION IN FEDERAL REGISTER.—Not skeletal disability likely to result in death, of Federal Regulations, except that in deter- later than 270 days after the date of the en- a rating of 100 percent. mining the final rating of all service-con- actment of this Act, the Secretary shall pub- (ii) If the veteran would qualify for a tem- nected disabilities, the rating for musculo- lish the alternative schedule established porary disability rating under section 1156 of skeletal disabilities as determined under the under paragraph (1) in the Federal Register. title 38, United States Code, the rating pro- pilot program shall be combined with any (3) COLLABORATION.—The Secretary shall vided under that section. other disabilities using such table. establish the alternative schedule required (iii) If the veteran would qualify for a tem- (5) TREATMENT OF DISABILITY RATINGS FOR by paragraph (1) collaboratively through the porary disability rating under any regula- LOSS OF BODILY INTEGRITY.—Compensation Under Secretary for Benefits, the Under Sec- tions prescribed by the Secretary not pro- under laws administered by the Secretary for retary for Health, and the General Counsel. vided for under this section, the rating as- a disability receiving a disability rating (4) ELEMENTS.—The alternative schedule signed under such regulations. under the schedule established under sub- for rating disabilities under paragraph (1) (E) Such other mechanisms as the Sec- section (b)(1) shall be, as applicable, in addi- shall include the following: retary considers appropriate for the pilot tion to or consistent with any compensation (A) The use of the International Classifica- program. otherwise provided under subsections (k) tion of Diseases, as adopted by the Secretary (5) FORMS FOR RECORDING RESIDUAL FUNC- through (s) of section 1114 of title 38, United of Health and Human Services under section TIONAL CAPACITY ASSESSMENTS.— States Code. 1173(c) of the Social Security Act (42 U.S.C. (A) IN GENERAL.—The Secretary shall es- (d) LIMITATIONS ON DENIAL OF SERVICE CON- 1320d–2(c)) and any successor revisions to tablish one or more functional capacity as- NECTION.—During the pilot program, the Sec- such classification so adopted, for purposes sessment forms to be used in performing as- retary may not determine a musculoskeletal

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.029 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5272 CONGRESSIONAL RECORD — SENATE June 22, 2010 condition of a veteran to be not service-con- with separate sections for each element re- (E) The number of appeals filed for claims nected for purposes of the veteran’s partici- quired under paragraph (2). adjudicated under the pilot program. pation in the pilot program unless the Sec- (f) TERMINATION OF APPLICATION.—The Sec- (F) An assessment of the effectiveness of retary— retary shall cease the application to vet- the electronic file maintained under sub- (1) obtains, or receives a report of, a med- erans under subsection (c) of the alternative section (e) in— ical examination of the veteran which— schedule for rating service-connected disabil- (i) the adjudication of claims under the (A) includes a brief history of the veteran’s ities under subsection (b) for purposes of the pilot program; and military service relevant to the condition; pilot program on the date that is 4 years (ii) improving the efficiency of decision (B) identifies the diagnosed musculo- after the date of the enactment of this Act. making by the Department. skeletal disabilities in accordance with the (g) PRESERVATION OF RATINGS.— (G) Such recommendations for legislative classification required by subsection (1) IN GENERAL.—Except as provided in or administrative action as the Secretary (b)(4)(A); and paragraph (2), a disability rating assigned considers appropriate in light of the pilot (C) describes the functional limitations of under the alternative schedule established program. such conditions, and if applicable, any sec- under subsection (b) shall not be reduced (k) DEFINITIONS.—In this section: ondary conditions related to such alleged during or after termination of the pilot pro- (1) The term ‘‘active military, naval, or air conditions or any non-service connected dis- gram absent evidence of clear and unmistak- service’’ has the meaning given that term in ability aggravated by the alleged conditions; able error in the original assignment of the section 101(24) of title 38, United States Code. and rating or evidence of an improvement in the (2) The term ‘‘non-service-connected’’, with (2) obtains or receives a medical opinion musculoskeletal disability manifested by respect to a disability, has the meaning on— less frequent, less severe, or shorter duration given that term in section 101(17) of title 38, (A) the nexus between any diagnosed mus- of symptoms measured over a period of at United States Code. culoskeletal condition alleged to be service- least six months in the year prior to any re- (3) The term ‘‘service-connected’’, with re- connected and the active military, naval, or evaluation. spect to a disability, has the meaning given air service of the veteran; and (2) EXCEPTION.—Paragraph (1) shall not that term in section 101(16) of title 38, United (B) if applicable, the relationship between apply to ratings assigned for temporary peri- States Code. any service-connected disabilities of the vet- ods as provided in subsection (b)(4)(D). eran and any secondary disabilities related TITLE II—ADJUDICATION AND APPEAL (h) RELATIONSHIP TO OTHER PROVISIONS OF to such disabilities or any non-service con- MATTERS LAW ADMINISTERED BY THE SECRETARY OF nected disability aggravated by the alleged SEC. 201. PARTIAL ADJUDICATION OF CLAIMS VETERANS AFFAIRS.—Except as otherwise conditions. FOR DISABILITY COMPENSATION (e) RECORDS.— specifically provided in this section, all ap- CONSISTING OF MULTIPLE ISSUES ONE OR MORE OF WHICH CAN BE (1) IN GENERAL.—The Secretary shall main- plicable provisions of law administered by QUICKLY ADJUDICATED. tain for purposes of the pilot program a sepa- the Secretary shall apply to decisions of the (a) IN GENERAL.—Section 1157 of title 38, rate searchable electronic file on each vet- Secretary made under the pilot program. eran covered by the pilot program. (i) INTERIM REPORT.— United States Code, is amended— (1) by striking ‘‘The Secretary’’ and insert- (2) ELEMENTS.—The electronic file main- (1) IN GENERAL.—Not later than 300 days tained with respect to a veteran under para- after the date of the enactment of this Act, ing the following: graph (1) shall include for the following: the Secretary shall submit to the Committee ‘‘(a) IN GENERAL.—The Secretary’’; and (A) An index of the documents contained in on Veterans’ Affairs of the Senate and the (2) by adding at the end the following new the electronic file. Committee on Veterans’ Affairs of the House subsection: (B) The claim of the veteran for benefits of Representatives an interim report on the ‘‘(b) ASSIGNMENT OF PARTIAL RATINGS.—(1) under the laws administered by the Sec- pilot program. In the case of a veteran who submits to the retary, including any reapplication with re- (2) ELEMENTS.—The interim report re- Secretary a claim for compensation under spect to such claim. quired by paragraph (1) shall include the fol- this chapter for more than one condition and (C) The service treatment records of the lowing: the Secretary determines that a disability veteran from medical care received while (A) A description of the alternative sched- rating can be assigned without further devel- serving in the active military, naval, or air ule for rating service-connected disabilities opment for one or more conditions but not service and any other medical treatment established under subsection (b). all conditions in the claim, the Secretary records of the veteran from service during (B) The rationale for the alternative sched- shall— periods of active or inactive duty for train- ule as described under subparagraph (A). ‘‘(A) expeditiously assign a disability rat- ing. (C) A description of the policies and proce- ing for the condition or conditions that the (D) The personnel records of service of the dures established under the pilot program. Secretary determined could be assigned veteran— (j) REPORT.— without further development; and (i) in the active military, naval, or air (1) IN GENERAL.—Not later than 3 years and ‘‘(B) continue development of the remain- service; and 180 days after the date of the enactment of ing conditions. (ii) in the reserve components of the this Act, the Secretary shall submit to the ‘‘(2) If the Secretary is able to assign a dis- Armed Forces. Committee on Veterans’ Affairs of the Sen- ability rating for a condition described in (E) Such other private or public medical ate and the Committee on Veterans’ Affairs paragraph (1)(B) with respect to a claim, the records of the veteran as the Secretary con- of the House of Representatives a report on Secretary shall assign such rating and com- siders appropriate. the pilot program. bine such rating with the rating or ratings (F) Records of any medical examinations (2) ELEMENTS.—The report required by previously assigned under paragraph (1)(A) and medical opinions on the residual func- paragraph (1) shall include the following: with respect to that claim.’’. tional capacity of the musculoskeletal sys- (A) A copy of the alternative schedule for (b) EFFECTIVE DATE.—The amendments tem of the veteran, including any examina- rating service-connected disabilities estab- made by subsection (a) shall take effect on tions and opinions obtained under subsection lished under subsection (b) and any changes the date of the enactment of this Act, and (d). made to such schedule during the pilot pro- shall apply with respect to claims filed on or (G) Records of any medical examinations gram. after the date that is 60 days after the date and medical opinions concerning any non- (B) A description and assessment of the ap- of the enactment of this Act. musculoskeletal disabilities claimed by the plication of the alternative schedule for rat- SEC. 202. CLARIFICATION THAT REQUIREMENT veteran as service-connected. ing service-connected disabilities of vet- OF SECRETARY OF VETERANS AF- (H) Any non-medical evidence applicable to erans, including— FAIRS TO PROVIDE NOTICE TO CLAIMANTS OF ADDITIONAL INFOR- the claim. (i) the total number of veterans to which MATION AND EVIDENCE REQUIRED (I) Current information and evidence on the alternative schedule was applied; ONLY APPLIES WHEN ADDITIONAL any dependents of the veteran for purposes of (ii) the total number of veterans deter- INFORMATION OR EVIDENCE IS AC- the laws administered by the Secretary. mined to have a service-connected disability TUALLY REQUIRED. (J) Ratings and decisions of the Secretary consisting of a condition of the musculo- (a) IN GENERAL.—Section 5103(a)(1) of title with respect to the claims of the veteran. skeletal system; and 38, United States Code, is amended by strik- (K) Information concerning the amount of (iii) the ratings of disability assigned to ing the first sentence and inserting the fol- compensation paid to the veteran under laws veterans described in clause (ii), set forth by lowing: ‘‘If the Secretary receives a complete administered by the Secretary. percentage of disability assigned. or substantially complete application that (L) Any notices or correspondence sent by (C) An assessment of the feasibility and ad- does not include information or medical or the Secretary to the veteran or any cor- visability of applying the alternative sched- lay evidence not previously provided to the respondence submitted by the veteran to the ule for rating service-connected disabilities Secretary that is necessary to substantiate Secretary in connection with the claim that to additional claimants. the claim, the Secretary shall, upon receipt does not contain evidence or information ap- (D) A comparison of a representative sam- of such application, notify the claimant and plicable to the claims of the veteran. ple of decisions rendered by different re- the claimant’s representative, if any, that (3) ORGANIZATION.—Each file required by gional offices for similar disabilities partici- such information or evidence is necessary to paragraph (1) shall be stored or displayed pating in the pilot program. substantiate the claim.’’.

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(b) EFFECTIVE DATE.—The amendment SEC. 204. IMPROVEMENTS TO DISABILITY COM- for any Federal records, medical examina- made by subsection (a) shall take effect on PENSATION CLAIM REVIEW PROC- tions, or opinions relevant to the claim and the date of the enactment of this Act, and ESS. may decide the claim based on all the evi- shall apply with respect to claims filed on or (a) ESTABLISHMENT OF FAST TRACK CLAIM dence of record.’’. after the date that is 60 days after the date REVIEW PROCESS.— (2) CLERICAL AMENDMENT.—The table of of the enactment of this Act. (1) IN GENERAL.—Subchapter I of chapter 51 sections at the beginning of chapter 51 of of title 38, United States Code, is amended by SEC. 203. EQUAL DEFERENCE TO PRIVATE MED- such title is amended by inserting after the ICAL OPINIONS IN ASSESSING inserting after section 5103B, as added by item relating to section 5103C, as added by CLAIMS FOR DISABILITY COMPENSA- section 203 of this Act, the following new sec- subsection (a), the following new item: TION. tion: ‘‘5103D. Procedures for fully developed (a) PROVISION OF DEFERENCE.— ‘‘§ 5103C. Expedited review of initial claims claims.’’. (1) IN GENERAL.—Subchapter I of chapter 51 for disability compensation (3) EFFECTIVE DATE.—Section 5103D of such of title 38, United States Code, is amended by ‘‘(a) PROCESS REQUIRED.—The Secretary title, as added by paragraph (1), shall take inserting after section 5103A the following shall establish a process for the rapid identi- effect on the date of the enactment of this new section: fication of initial claims for disability com- Act. ‘‘§ 5103B. Treatment of private medical opin- pensation that should, in the adjudication of SEC. 205. PROVISION BY SECRETARY OF VET- ions such claims, receive priority in the order of ERANS AFFAIRS OF NOTICE OF DIS- ‘‘(a) IN GENERAL.—If a claimant submits a review. AGREEMENT FORMS TO INITIATE private medical opinion in support of a claim ‘‘(b) REVIEW OF INITIAL CLAIMS.—As part of APPELLATE REVIEW WITH NOTICES OF DECISIONS OF DEPARTMENT OF for disability compensation in accordance the process required by subsection (a), the Secretary shall assign employees of the De- VETERANS AFFAIRS. with standards established by the Secretary, (a) IN GENERAL.—Section 5104 of title 38, such opinion shall be treated by the Sec- partment who are experienced in the proc- essing of claims for disability compensation United States Code, is amended— retary with the same deference as a medical (1) in subsection (a), by striking the second opinion provided by a Department health to carry out a preliminary review of all ini- tial claims for disability compensation sub- sentence; and care provider. (2) in subsection (b), by striking ‘‘also in- ‘‘(b) SUPPLEMENTAL INFORMATION.—(1) If a mitted to the Secretary in order to identify whether— clude (1) a’’ and all that follows and insert- private medical opinion submitted as de- ing the following: ‘‘include the following: scribed in subsection (a) is found by the Sec- ‘‘(1) the claims have the potential of being adjudicated quickly; ‘‘(1) A statement of the reasons for the de- retary to be competent, credible, and pro- cision. bative, but otherwise not entirely adequate ‘‘(2) the claims qualify for priority treat- ment under paragraph (2) of subsection (c); ‘‘(2) A summary of the evidence relied upon for purposes of assigning a disability rating by the Secretary in making the decision. and the Secretary determines a medical and ‘‘(3) a temporary disability rating could be ‘‘(3) An explanation of the procedure for opinion from a Department health care pro- obtaining review of the decision. vider is necessary for such purpose, the Sec- assigned with respect to the claims under section 1156 of this title. ‘‘(4) A form that, once completed, can serve retary shall obtain from an appropriate De- as a notice of disagreement under section ‘‘(c) PRIORITY IN ADJUDICATION OF INITIAL partment health care provider (as deter- 7105(a) of this title.’’. CLAIMS.—(1) As part of the process required mined pursuant to the standards described in (b) EFFECTIVE DATE.—The amendments by subsection (a) and except as provided in subsection (a)) a medical opinion that is ade- made by subsection (a) shall take effect on paragraph (2), the Secretary shall, in the ad- quate for such purposes. the date that is 180 days after the date of the judication of initial claims for disability ‘‘(2) If the Secretary obtains a medical enactment of this Act. opinion from a Department health care pro- compensation submitted to the Secretary, give priority in the order of review of such SEC. 206. MODIFICATION OF FILING PERIOD FOR vider under paragraph (1), the Secretary NOTICE OF DISAGREEMENT TO INI- shall ensure that the medical opinion is ob- claims to claims identified under subsection TIATE APPELLATE REVIEW OF DECI- tained from a health care provider of the De- (b)(1) as having the potential of being adju- SIONS OF DEPARTMENT OF VET- partment that has professional qualifica- dicated quickly. ERANS AFFAIRS. tions that are at least equal to the qualifica- ‘‘(2) The Secretary may, under regulations (a) FILING OF NOTICE OF DISAGREEMENT BY tions of the provider of the private medical the Secretary shall prescribe, provide pri- CLAIMANTS.— opinion described in such paragraph. ority in the order of review of initial claims (1) IN GENERAL.—Paragraph (1) of section for disability compensation for the adjudica- ‘‘(c) DEPARTMENT HEALTH CARE PROVIDER 7105(b) of title 38, United States Code, is tion of the following: DEFINED.—In this section, the term ‘Depart- amended— ment health care provider’ includes a pro- ‘‘(A) Initial claims for disability compensa- (A) by striking ‘‘one year’’ and inserting vider of health care who provides health care tion submitted by homeless claimants. ‘‘180 days’’ in the first sentence; and under contract with the Department.’’. ‘‘(B) Initial claims for disability compensa- (B) by striking ‘‘one-year’’ and inserting tion submitted by veterans who are termi- (2) CLERICAL AMENDMENT.—The table of ‘‘180-day’’ in the third sentence. sections at the beginning of chapter 51 of nally ill. (2) ELECTRONIC FILING.—Such paragraph is such title is amended by inserting after the ‘‘(C) Initial claims for disability compensa- further amended by inserting ‘‘or trans- item relating to section 5103A the following tion submitted by claimants suffering severe mitted by electronic means’’ after ‘‘post- new item: financial hardship. marked’’. ‘‘(D) Partially adjudicated claims for dis- (3) GOOD CAUSE EXCEPTION FOR UNTIMELY ‘‘5103B. Treatment of private medical opin- ability compensation under section 1157(b) of FILING OF NOTICES OF DISAGREEMENT.—Such ions.’’. this title.’’. section 7105(b) is amended by adding at the (3) EFFECTIVE DATE.—Section 5103B of such (2) CLERICAL AMENDMENT.—The table of end the following new paragraph: title, as added by paragraph (1), shall take sections at the beginning of chapter 51 of ‘‘(3)(A) A notice of disagreement not filed effect on the date of the enactment of this such title is amended by inserting after the within the time prescribed by paragraph (1) Act, and shall apply with respect to claims item relating to section 5103B, as so added, shall be treated by the Secretary as timely pending or filed on or after the date that is the following new item: filed if— 270 days after the date of the enactment of ‘‘5103C. Expedited review of initial claims for ‘‘(i) the Secretary determines that the this Act. disability compensation.’’. claimant, legal guardian, or other accredited (b) NOTICE.— representative, attorney, or authorized agent (3) EFFECTIVE DATE.—Section 5103C of such (1) IN GENERAL.—Section 5103(a) of such title, as added by paragraph (1), shall take filing the notice had good cause for the lack title is amended by adding at the end the fol- effect on the date that is 90 days after the of filing within such time; and lowing new paragraph: date of the enactment of this Act. ‘‘(ii) the notice of disagreement is filed not ‘‘(3) A notice provided under this sub- later than 186 days after the period pre- (b) AUTHORITY FOR CLAIMANTS TO END DE- section shall inform a claimant, as the Sec- scribed by paragraph (1). VELOPMENT OF CLAIMS.— retary considers appropriate with respect to ‘‘(B) For purposes of this paragraph, good (1) IN GENERAL.—Such subchapter is fur- the claimant’s claim— cause shall include the following: ther amended by inserting after section ‘‘(A) of the rights of the claimant to assist- ‘‘(i) Circumstances relating to any phys- 5103C, as added by subsection (a), the fol- ance under section 5103A of this title; and ical, mental, educational, or linguistic limi- lowing new section: ‘‘(B) if the claimant submits a private tation of the claimant, legal guardian, rep- medical opinion in support of a claim for dis- ‘‘§ 5103D. Procedures for fully developed resentative, attorney, or authorized agent ability compensation, how such medical claims concerned (including lack of facility with opinion will be treated under section 5103B of ‘‘Upon notification received from a claim- the English language). this title.’’. ant that the claimant has no additional in- ‘‘(ii) Circumstances relating to significant (2) EFFECTIVE DATE.—Paragraph (3) of such formation or evidence to submit, the Sec- delay in the delivery of the initial decision section 5103(a), as added by paragraph (1), retary may determine that the claim is a or of the notice of disagreement caused by shall take effect on the date that is 270 days fully developed claim. The Secretary shall natural disaster or factors relating to geo- after the date of the enactment of this Act. then undertake any development necessary graphic location.

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.029 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5274 CONGRESSIONAL RECORD — SENATE June 22, 2010 ‘‘(iii) A change in financial circumstances, ‘‘(7) If a claimant does not file a request for or the claimant’s representative, as the case including the payment of medical expenses review by the Board in accordance with para- may be, requests in writing that the agency or other changes in income or net worth that graph (6) within the prescribed period or if of original jurisdiction initially review such are considered in determining eligibility for such a request is timely filed and the Board evidence. Such request for review shall ac- benefits and services on an annualized basis affirms the dismissal of the appeal, the de- company the submittal of the evidence or be for purposes of needs-based benefits under termination of the agency of original juris- made within 30 days of the submittal.’’. chapters 15 and 17 of this title.’’. diction regarding the claim for benefits (b) EFFECTIVE DATE.—Subsection (f) of (b) APPLICATION BY DEPARTMENT FOR RE- under this title shall become final and the such section, as added by subsection (a), VIEW ON APPEAL.—Section 7106 of such title claim may not thereafter be reopened or al- shall take effect on the date that is 180 days is amended in the first sentence by striking lowed, except as may otherwise be provided after the date of the enactment of this Act, ‘‘one-year period described in section 7105’’ by regulations not inconsistent with this and shall apply with respect to claims for and inserting ‘‘period described in section title. which a substantive appeal is filed on or 7105(b)(1)’’. ‘‘(8) If an appeal is not dismissed by the after the date that is 180 days after the date (c) EFFECTIVE DATE.—The amendments agency of original jurisdiction, the Board of the enactment of this Act. made by this section shall take effect on the may nonetheless dismiss any appeal which SEC. 210. AUTHORITY FOR BOARD OF VETERANS’ date that is 180 days after the date of the en- is— APPEALS TO DETERMINE LOCATION actment of this Act, and shall apply with re- ‘‘(A) untimely; or AND MANNER OF APPEARANCE FOR HEARINGS. spect to claims filed on or after the date of ‘‘(B) fails to allege specific error of fact or (a) LOCATION.—Subsection (d) of section the enactment of this Act. law in the determination being appealed.’’. 7107 of title 38, United States Code, is amend- SEC. 207. MODIFICATION OF SUBSTANTIVE AP- (b) EFFECTIVE DATE.—The amendments ed— PEAL PROCESS. made by subsection (a) shall take effect on (1) in paragraph (1), by striking ‘‘An appel- (a) IN GENERAL.—Section 7105 of title 38, the date of the enactment of this Act, and lant’’ and all that follows through the end United States Code, is amended— shall apply with respect to claims filed on or and inserting the following: ‘‘Upon request (1) in subsection (d)— after the date that is 180 days after the date by an appellant for a hearing before the (A) in paragraph (3), by striking ‘‘The of the enactment of this Act. claimant will be afforded’’ and all that fol- Board, the Board shall determine whether lows through the end of the paragraph; and SEC. 208. PROVISION OF POST-NOTICE OF DIS- the hearing will be held at its principal loca- AGREEMENT DECISIONS TO CLAIM- (B) by striking paragraphs (4) and (5); and ANTS WHO FILE NOTICE OF DIS- tion or at a facility of the Department, or (2) by adding at the end the following new AGREEMENTS. other appropriate Federal facility, located subsection: (a) IN GENERAL.—Section 7105 of title 38, within the area served by a regional office of ‘‘(e)(1) A claimant shall be afforded a pe- United States Code, is amended— the Department as the Secretary considers riod of 60 days from the date the post-notice (1) by striking ‘‘statement of the case’’ most appropriate to schedule the earliest of disagreement decision is mailed under each place it appears and inserting ‘‘post-no- possible date for the hearing.’’; and subsection (d) to file a substantive appeal. tice of disagreement decision’’; and (2) by adding at the end the following new ‘‘(2)(A) The period under paragraph (1) may (2) in subsection (d), as amended by section paragraph: be extended for an additional 60 days for 207 of this Act— ‘‘(4) A determination by the Board under good cause shown on a request for such ex- (A) in paragraph (1), by striking subpara- paragraph (1) with respect to the location of tension submitted in writing within such pe- graphs (A) through (C) and inserting the fol- a hearing shall be final unless the appellant riod. lowing new subparagraphs: demonstrates, on motion, good cause or spe- ‘‘(B) For purposes of this paragraph, good cial circumstances warranting a different lo- cause shall include the following: ‘‘(A) A description of the specific facts in the case that support the agency’s decision, cation.’’. ‘‘(i) Circumstances relating to any phys- (b) MANNER OF APPEARANCE.—Subsection including, if applicable, an assessment as to ical, mental, educational, or linguistic limi- (e) of such section is amended— the credibility of any lay evidence pertinent tation of the claimant, legal guardian, or (1) in paragraph (2)— to the issue or issues with which disagree- other accredited representative, attorney, or (A) by striking ‘‘afford the appellant an op- ment has been expressed. authorized agent filing the request (includ- portunity’’ and inserting ‘‘, as the Chairman ‘‘(B) A citation to pertinent laws and regu- ing lack of facility with the English lan- determines appropriate, require the appel- lations that support the agency’s decision. guage). lant’’; and ‘‘(C) A statement that addresses each issue ‘‘(ii) Circumstances relating to significant (B) by striking the last sentence; and and provides the reasons why the evidence delay in the delivery of the initial decision (2) by adding at the end the following new relied upon supports the conclusions of the or of the notice of disagreement caused by paragraph: natural disaster or factors relating to geo- agency under the specific laws and regula- ‘‘(3) A determination by the Chairman graphic location. tions applied. under paragraph (2) with respect to the par- ‘‘(iii) A change in financial circumstances, ‘‘(D) The date by which a substantive ap- ticipation of an appellant in a hearing shall including the payment of medical expenses peal must be filed in order to obtain further be final unless the appellant demonstrates, or other changes in income or net worth that review of the decision.’’; and on motion, good cause or special cir- are considered in determining eligibility for (B) by adding at the end the following new cumstances warranting a different deter- benefits and services on an annualized basis paragraph: mination.’’. for purposes of needs-based benefits under ‘‘(4) The post-notice of disagreement deci- (c) EFFECTIVE DATE.—The amendments chapters 15 and 17 of this title. sion shall be written in plain language.’’. made by this section shall take effect on the ‘‘(3) A substantive appeal under this sub- (b) CONFORMING AMENDMENT.—Section date that is 180 days after the date of the en- section shall identify the particular deter- 7105A of such title is amended by striking actment of this Act, and shall apply with re- mination or determinations being appealed ‘‘statement of the case’’ each place it ap- spect to requests for hearings filed on or and allege specific errors of fact or law made pears and inserting ‘‘post-notice of disagree- after the date that is 180 days after the date by the agency of original jurisdiction in each ment decision’’. of the enactment of this Act. (c) EFFECTIVE DATE.—The amendments determination being appealed. SEC. 211. DECISION BY COURT OF APPEALS FOR ‘‘(4) A claimant in any case under this sub- made by this section shall take effect on the VETERANS CLAIMS ON ALL ISSUES section may not be presumed to agree with date that is 180 days after the date of the en- RAISED BY APPELLANTS. any statement of fact contained in the post- actment of this Act, and shall apply with re- Section 7261 of title 38, United States Code, notice of disagreement decision to which the spect to notices of disagreements filed on or is amended— claimant does not specifically express dis- after the date that is 180 days after the date (1) in subsection (a), in the matter before agreement. of the enactment of this Act. paragraph (1), by striking ‘‘, to the extent ‘‘(5) If the claimant does not file a sub- SEC. 209. AUTOMATIC WAIVER OF AGENCY OF necessary to its decision and when presented, stantive appeal in accordance with the provi- ORIGINAL JURISDICTION REVIEW shall’’ and inserting ‘‘shall, when presented’’; sions of this chapter within the period af- OF NEW EVIDENCE. (2) by redesignating subsections (c) and (d) forded under paragraphs (1) and (2), as the (a) IN GENERAL.—Section 7105 of title 38, as subsections (d) and (e), respectively; and case may be, the agency of original jurisdic- United States Code, as amended by section (3) by inserting after subsection (b) the fol- tion shall dismiss the appeal and notify the 207 of this Act, is further amended by adding lowing new subsection (c): claimant of the dismissal. The notice shall at the end the following new subsection: ‘‘(c) In carrying out a review of a decision include an explanation of the procedure for ‘‘(f) If, either at the time or after the agen- of the Board of Veterans’ Appeals, the Court obtaining review of the dismissal by the cy of original jurisdiction receives a sub- shall render a decision on every issue raised Board of Veterans’ Appeals. stantive appeal, the claimant or the claim- by an appellant within the extent set forth ‘‘(6) In order to obtain review by the Board ant’s representative, if any, submits evi- in this section.’’. of a dismissal of an appeal by the agency of dence to either the agency of original juris- SEC. 212. GOOD CAUSE EXTENSION OF PERIOD original jurisdiction, a claimant shall file a diction or the Board of Veterans’ Appeals for FOR FILING NOTICE OF APPEAL request for such review with the Board with- consideration in connection with the issue or WITH UNITED STATES COURT OF AP- in the 60-day period beginning on the date on issues with which disagreement has been ex- PEALS FOR VETERANS CLAIMS. which notice of the dismissal is mailed pur- pressed, such evidence shall be subject to ini- (a) IN GENERAL.—Section 7266 of title 38, suant to paragraph (5). tial review by the Board unless the claimant United States Code, is amended—

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.029 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5275 (1) by redesignating subsections (b), (c), valid public interest.’’ That problem hearing, this has a dramatic chilling and (d) as subsections (c), (d), and (e), respec- was ‘‘libel tourism,’’ a troubling trend effect on Americans’ free speech. tively; of foreign lawsuits that have stifled The impact and extreme nature of (2) by inserting after subsection (a) the fol- Americans’ First Amendment rights. these foreign libel lawsuits is best un- lowing new subsection (b): derstood through examples. The most ‘‘(b)(1) The Court may extend the initial Today, I am introducing legislation to period for the filing of a notice of appeal set put a stop to this harmful trend. well known is the case of American forth in subsection (a) for an additional pe- The First Amendment is a corner- journalist Rachel Ehrenfeld, who wrote riod not to exceed 120 days from the expira- stone of American democracy. Free- a book about the financiers of the 9/11 tion of such initial period upon a motion— dom of speech and the press enable vig- attacks. She did not market her book ‘‘(A) filed with the Court not later than 120 orous debate over issues of national in England yet was sued for libel there days after the expiration of such initial pe- importance, and enable an exchange of by a Saudi businessman she linked to riod; and ideas that shapes our political process. terrorism. The content of her publica- ‘‘(B) showing good cause for such exten- Authors, reporters and publishers are tion would have been protected under sion. our laws, but a British court applying ‘‘(2) If a motion for extension under para- primary sources of this information, graph (1) is filed after expiration of the ini- and their ability to disseminate their its laws issued a multimillion dollar tial period for the filing of a notice of appeal writings is critical to our democracy. default judgment against her. Today, set forth in subsection (a), the notice of ap- Over recent years, American authors, Ms. Ehrenfeld continues to experience peal shall be filed concurrently with, or prior reporters and publishers have fallen reluctance from American publishers to, the filing of the motion.’’; and victim to libel lawsuits in countries who fear that plaintiffs will target her (3) in subsection (e), as redesignated by with significantly weaker free speech and bring another libel action against paragraph (1), by striking ‘‘subsection (c)(2)’’ protections that what our First anything she writes on the subject of and inserting ‘‘subsection (d)(2)’’. terrorism financing. (b) EFFECTIVE DATE.—The amendments Amendment affords. In many cases, the foreign plaintiff sought out that coun- The scientific community has also made by subsection (a) shall take effect on been affected by libel tourism. An arti- the date of the enactment of this Act and try, where there is no regard for free- cle last year in New Scientist magazine shall apply with respect to notices of appeal dom of the press, so that they could notes that now ‘‘Challenging the sci- filed on or after the date of the enactment of easily prevail. These suits occur re- entific validity of a product or claim this Act. gardless of whether the plaintiff or the can be fraught with danger. . . [be- SEC. 213. PILOT PROGRAM ON PARTICIPATION publication has significant connections OF LOCAL AND TRIBAL GOVERN- cause] such challenges are leaving sci- to the foreign forum. On a broad scale, MENTS IN IMPROVING QUALITY OF entists and science writers [to] fac[e] this results in a race to the bottom, CLAIMS FOR DISABILITY COMPENSA- an expensive libel action before the TION SUBMITTED TO DEPARTMENT and causes U.S. persons to defer to the English high court. Many individuals OF VETERANS AFFAIRS. country with the most chilling and re- and publications have been threatened (a) PILOT PROGRAM REQUIRED.—The Sec- strictive free speech standard, to deter- retary of Veterans Affairs shall carry out a with libel actions, and some have had mine what they can or cannot write or pilot program to assess the feasibility and proceedings launched against them. advisability of entering into memorandums publish. This is libel tourism. As the Many more writers have had their of understanding with local governments and son of a printer, I consider this a mat- work edited before publication to avoid tribal organizations— ter of great national importance. any risk of such legal action.’’ Publica- (1) to improve the quality of claims sub- Today, I am introducing with Sen- tions exposing financial improprieties, mitted to the Secretary for compensation ators SESSIONS, SPECTER, SCHUMER and consumer protection issues, medical under chapter 11 of title 38, United States LIEBERMAN legislation that will ensure malpractice, and sexual abuse have all Code; and American authors, journalists and pub- (2) to provide assistance to veterans who fallen victim to libel tourism lawsuits lishers are shielded from the chilling may be eligible for such compensation in around the world. submitting such claims . effects of libel tourism. This legisla- Even Roman Polanski sued Vanity (b) MINIMUM NUMBER OF PARTICIPATING tion guarantees that a foreign defama- Fair for libel in England. Mr. Polanski, TRIBAL ORGANIZATIONS.—In carrying out the tion judgment cannot be enforced in a fugitive from justice who fled Amer- pilot program required by subsection (a), the the United States if that country’s ica after being convicted of sexually Secretary shall enter into memorandums of libel standards are inconsistent with understanding with at least two tribal orga- abusing a young girl, filed the suit in American law. Our legislation also pro- 2004. He has fought extradition while nizations. vides American victims of unconstitu- (c) TRIBAL ORGANIZATION DEFINED.—In this living in Europe. The Vanity Fair arti- section, the term ‘‘tribal organization’’ has tional libel suits the opportunity to cle recounted a story of his alleged ag- the meaning given that term in section 3765 clear their name by filing for a declara- gressive sexual advances made just of title 38, United States Code. tory judgment in an American court. after his wife was murdered, and por- Over the past several years, the prob- trayed him as being insensitive to her By Mr. LEAHY (for himself, Mr. lem of libel tourism has grown. Today, death. The article was written in the SESSIONS, Mr. SPECTER, Mr. countries whose weak libel laws impact U.S., edited in the U.S., and primarily SCHUMER, and Mr. LIEBERMAN): American authors are no longer con- sold in the U.S., but the British court S. 3518. A bill to amend title 28, fined to a small number. England, claimed jurisdiction, and ruled in favor United States Code, to prohibit rec- Brazil, Australia, Indonesia, and Singa- of Mr. Polanski. ognition and enforcement of foreign pore are just a few of the countries Foreign libel judgments impact defamation judgments in United States whose weak libel protections have at- American authors’ livelihood, credi- Courts where those judgments under- tracted libel lawsuits against American bility and employment potential. They mine the first amendment to the Con- journalists and authors. This threat to also have the potential to limit the stitution of the United States, and to American free speech must end, and types of books and articles that tal- provide a cause of action for declara- the time to act is now. ented and reputable authors can get tory judgment relief against a party New accounts of libel tourism law- published in the future. But most im- who has brought a successful foreign suits emerge every day. This is because portantly, their suppression limits the defamation action whose judgment un- the dissemination of materials through information that Americans have a dermines the first amendment; to the the Internet, as well as the increased constitutional right to access. Journal- Committee on the Judiciary. number of worldwide newspapers and ists writing about issues of national se- Mr. LEAHY. Mr. President, two years periodicals, has compounded their curity and safety should not be chilled. ago the United Nations’ Human Rights threat. The likelihood that a book or These lawsuits are designed to stifle Committee observed a problem that story will have some contact with a the dissemination of that information ‘‘discourage[d] critical media reporting foreign country is simply that much in both the United States and the on matters of serious public interest, higher, as is the probability that a for- world. Journalists willing to inves- adversely affect[ed] the ability of eign court will determine that it has a tigate and write about such important scholars and journalists to publish basis for asserting jurisdiction over an issues deserve protection. their work,’’ and ‘‘affect[ed] freedom of American author or publisher. As we I am encouraged that some countries expression worldwide on matters of heard at a recent Judiciary Committee have taken steps to strengthen their

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.029 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5276 CONGRESSIONAL RECORD — SENATE June 22, 2010 libel protections and jurisdictional re- creased difficulties finding adequate For many years the United States quirements in the wake of these law- funding from both private and public was a leader in the mining and proc- suits, but that is not enough. As one sources. As economic concerns weigh essing of rare earths—a group of 17 ele- country tightens its libel protections, down on all of us, states, organizations, ments that, while widespread in na- another may just emerge as the next- and groups that traditionally assist ture, are difficult to find in concentra- best-available forum of choice for libel MEP centers in meeting this cost share tion, extract from the earth, and proc- plaintiffs willing to travel to file suit. are reluctant to expend the money—or ess for commercial use. Rare earths are I want to thank the ranking member do not have the resources to do so. increasingly vital to a host of modern of the Judiciary Committee, Senator Our bill, which is a modified version defense technologies, from radar and SESSIONS, for working with me on this of S. 695 that I and several of my col- sonar systems to weapons systems and legislation. I also want to thank Sen- leagues introduced last March, is sim- advanced lasers. They are essential to ators SCHUMER and SPECTER, for their ple and straightforward. It would re- the production of clean energy tech- support in moving toward a legislative duce the statutory cost share that nologies, including advanced batteries, compromise on this important issue. MEP centers face to 50 percent for fis- electric motors, high-efficiency light Their bills provided a valuable basis cal years 2011 through 2013 as a tem- bulbs, solar panels, and wind turbines. from which the bipartisan compromise porary stimulative measure. Frankly, that we are introducing today emerged. the Nation’s MEP centers are subject The U.S. is estimated to contain 15 We cannot legislate changes to for- to an unnecessarily restrictive cost percent of the world’s rare earth re- eign law that are chilling protected share requirement. And it is inequi- serves, but with the closure of the na- speech in our country. What we can do, table, as the MEP is the only initiative tion’s only operating rare earth mine however, is ensure that our courts do out of the 80 programs funded by the at Mountain Pass, CA, America has be- not become a tool to uphold foreign Department of Commerce that is sub- come dependent upon China for im- libel judgments that undermine our ject to a statutory cost share of great- ports of nearly all rare earths, oxides, First Amendment or due process er than 50 percent. There is no reason and alloys. In fact, China now produces rights. We can also provide American for this to persist, particularly not dur- 97 percent of the world’s rare earth authors and reporters the ability to ing this trying economy when so many supply. clear their name in our courts. manufacturers are trying to remain More importantly, China recently I hope all Senators will support our afloat. moved to implement rules announced bipartisan effort to pass this important Clearly, Congress must act swiftly to in March that will cut production and legislation this summer to protect the bolster our country’s manufacturing exportation of rare earths in an effort free speech rights of all Americans. industry rather than sitting on the to raise world prices for the minerals. sidelines as other countries surpass our While the world demand for rare earths By Ms. SNOWE (for herself, Mr. nation’s economic leadership in a vari- tripled to 120,000 tons per year over the KOHL, and Mr. LIEBERMAN): ety of areas. Indeed, last Sunday’s Fi- past decade, China announced on June S. 3519. A bill to stabilize the match- nancial Times included an article ti- 2nd that it will stop issuing new do- ing requirement for participants in the tled ‘‘US manufacturing crown slips’’ mestic licenses for rare earth produc- Hollings Manufacturing Partnership highlighting that, ‘‘The U.S. remained tion and cap production at 89,200 tons Program; to the Committee on Com- the world’s biggest manufacturing na- for this year. As a result, only 35,000 merce, Science, and Transportation. tion by output last year, but is poised tons of rare earths will be exported an- Ms. SNOWE. Mr. President, today I to relinquish this slot in 2011 to nually over the next five years, on av- am introducing legislation, along with China—thus ending a 110-year run as erage. Senators KOHL and LIEBERMAN, to re- the number one country in factory pro- duce the cost share amount that Manu- duction.’’ This news should be a clarion These actions may work out well for facturing Extension Partnership, or call that investing in the manufac- China, but they will harm the United MEP, centers face in obtaining their turing sector is critical given the detri- States. Fortunately, we can do some- annual funding. The MEP is a nation- mental ramifications that losing our thing about it. Rather than sit on our wide public-private network of coun- leadership would have to our overall hands while China corners the market seling and assistance centers that offer economy. on these strategic minerals, we can and our nation’s nearly 350,000 small and The MEP is an essential resource for should pursue timely production of the medium manufacturers services and the small and medium manufacturers rare earth supplies that exist within access to resources that enhance that will help reinvigorate our Nation’s our own borders. growth, improve productivity, and ex- economy. With centers in all 50 states, Efforts are currently underway to re- pand capacity. In Fiscal Year 2009 as well as Puerto Rico, its reach is un- open Molycorp Minerals’ California alone, MEP clients created or retained matched and its experience in coun- mine and Ucore Uranium is continuing roughly 53,000 jobs; provided cost sav- seling manufacturers is unrivaled. It is exploration of a large rare earth de- ings in excess of $1.41 billion; and gen- my hope that my colleagues will sup- posit found near Bokan Mountain in erated over $9.1 billion in sales. Simi- port this legislation as a direct way to Alaska, about 37 miles from Ketchikan. larly, clients of the Maine MEP re- bolster an industry that is Ucore’s new Alaska subsidiary, Rare ported saving or retaining 550 jobs, ex- indispensible to our nation’s economy Earth One LLC, has been working to periencing $8.3 million in cost savings, health. study the deposit on Dotson Ridge at and generating over $78.3 million in Bokan Mountain since 2007. The U.S. sales in 2009. As such, the MEP’s con- By Ms. MURKOWSKI: Bureau of Mines more than 20 years S. 3521. A bill to provide for the rees- tribution to the health of American ago estimated the site contains at least manufacturing is indisputable. tablishment of a domestic rare earths 374 million pounds of recoverable rare At present, individual MEP centers materials production and supply indus- earths, which is more than enough to must raise a full 2/3 of their funding try in the United States, and for other break China’s stranglehold on the mar- after their fourth year of operation, purposes; to the Committee on Energy ket and protect America’s access to the placing a heavy burden on these cen- and Natural Resources. rare earths that are vital to the pro- ters. The National Institute of Stand- Ms. MURKOWSKI. Mr. President, I duction of cutting-edge technologies in ards and Technology, NIST, at the De- rise today to introduce legislation in this country. partment of Commerce, in turn, pro- the Senate to help the United States vides one-third of the centers’ funding. minerals industry resume production So what should we be doing to rees- MEP centers can meet their portion of of rare earths in this country. These tablish domestic rare earth? My answer the cost share requirement through metals are increasingly important to is a companion measure to legislation funds from universities, State and local our military, strategic, and economic introduced earlier this spring in the governments, and other institutions. priorities due to their use in clean en- House by Rep. MIKE COFFMAN, a fellow In today’s tumultuous economy, ergy technologies and many other Republican from Colorado. My bill these centers are experiencing in- high-tech applications. would establish it as the policy of the

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JN6.031 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5277 United States to take appropriate ac- Heights Manufactured Home Park in panded these guidelines in 2009 so that tions to increase investment in, explo- Shakopee, MN. Early that Friday they would cover more worksite ac- ration for, and development of domes- morning, around 6 a.m., Federal agents tions. tic rare earths. To do that it would re- seized a husband and his wife for sus- But it still isn’t enough. Local au- quire—under the leadership of the Sec- pected immigration violations. Some- thorities still don’t find out about ac- retary of the Interior—the Secretaries how, they didn’t even notice their tions until way too late—and when of Energy, Agriculture, Defense, Com- daughter, who was sleeping. So later they are notified, they aren’t given merce, and State along with the Direc- that morning, that 7-year-old girl was enough time to help. In 2008, after tor of OMB and the Chairman of CEQ found wandering the park, looking for these guidelines were put into place, to expedite permitting, review supply her parents. the New Mexico Children, Youth, and chains, and consider strategic stock- Stories like these happen every day. Families Department testified before piling of rare earths. The bill would They are happening to innocent chil- the House of Representatives that they also provide the rare earth industry dren, most of them United States citi- still did not receive notice of enforce- with access to federal loan guarantee zens. Children who have committed no ment actions before they happened. programs meant to advance clean en- crime, who have hurt no one, but who State authorities in Massachusetts ergy technologies. have had their lives torn apart because were notified months ahead of a raid in There is a great deal of emphasis on of the sins of their parents. New Bedford. But almost immediately the need for expansion of clean energy According to the U.S. Customs and after it happened, the detainees were manufacturing in the United States. Immigration Service, over 100,000 par- transferred to Texas, leaving state Promises of ‘‘green jobs’’ abound, but ents of U.S. citizen children were de- agencies unable to help. Governor they will only be realized if American ported in the past 10 years. Four mil- Deval Patrick called it a ‘‘race to the industries have access to the raw mate- lion U.S. citizen children in our coun- airport.’’ rials needed to produce these new tech- try have at least one undocumented Our bill makes sure that whenever nologies. This legislation represents an immigrant parent. Forty thousand of possible, the Governor, local and state important first step in our efforts to those children live in Minnesota. law enforcement, and child welfare grow domestic manufacturing of clean Our country is not doing enough to agencies find out about raids ahead of energy technologies. The bill will also protect these innocent kids. That is time. It also makes sure that schools help to create more jobs in America’s why Senator KOHL and I have crafted a and community centers are notified minerals industry, where firms provide bill to fix that. after these actions so that they too can good, high-wage jobs and pay taxes So I am proud to stand today with help. that will help to reduce our deficit. Senators KOHL, MENENDEZ, KLOBUCHAR, That brings me to the second prob- Furthermore, decreasing our reliance FEINGOLD, DURBIN and FEINSTEIN to in- lem. If they want to help, state child on foreign minerals will reduce our bal- troduce the Humane Enforcement and welfare agencies and community orga- ance of payments deficit and strength- Legal Protections for Separated Chil- nizations must be allowed to help iden- en national security. dren Act, or the HELP Separated Chil- tify detainees who have children at I hope this bill advances quickly, and dren Act. This is a simple but strong home. Mothers and fathers detained in I encourage my colleagues to join as bill to protect our Nation’s kids from enforcement actions often don’t tell cosponsors of the measure. We have an unnecessary harm from immigration ICE agents that they have children at ambitious agenda given the small enforcement actions. home—because they are afraid that amount of time that remains in the I want to take a few moments to talk ICE will detain them, too. current Congress, but there is too about what this bill does—the problems As Troy Tucker, the sheriff of Clark much at stake for our military it solves, and how it solves them. County, Arkansas said after an action strength and our clean energy goals to But before I do that, I want to take there, ICE is ‘‘not doing their job by ignore the problems we have in access- a second to talk about what this bill simply questioning [people] and asking ing affordable and secure supplies of does not do. This bill is strictly about them whether they have children and rare earths. protecting children. It doesn’t change not contacting anyone locally.’’ our laws on immigrant admission, ex- Even though the Bush administra- By Mr. FRANKEN (for himself, clusion, or removal. No one is going to tion guidelines allow state authorities Mr. KOHL, Mr. MENENDEZ, Ms. get in or stay in this country because and local non-profits to help screen de- KLOBUCHAR, Mr. FEINGOLD, Mr. of this bill. It has nothing to do with tainees, this is not happening often DURBIN, and Mrs. FEINSTEIN): so-called amnesty or any decisions enough. So our bill requires ICE and S. 3522. A bill to protect children af- about deportation. State agencies enforcing immigration fected by immigration enforcement ac- So what does this bill actually do? laws to allow these groups to confiden- tions, and for other purposes; to the This bill fixes four problems in our tially screen detainees and identify Committee on the Judiciary. immigration enforcement system. those who have kids at home. Mr. FRANKEN. Mr. President, on De- The first problem is notice to State Our bill makes another critical fix in cember 12, 2006, Immigration and Cus- authorities. Invariably, in almost all our immigration enforcement system. toms Enforcement staged raids on immigration enforcement actions, it is The Bush and ICE detention guidelines Swift & Company meatpacking plants our local communities that have to require authorities to give detainees in six states—Colorado, Iowa, Ne- clean up after the government’s dirty free emergency phone calls. But again, braska, Texas, Utah, and my home work. it isn’t being done enough, and it isn’t State of Minnesota. It’s state and child welfare services being done right. Over 1,500 unauthorized immigrants that take in kids who have lost their In the Swift raid in Worthington, one were arrested in these raids. They also mom or dad in a raid. It’s local shelters mother told ICE agents that she had left countless children—most of them and churches that feed those kids— kids at home, but still wasn’t allowed citizens and legal residents—without again, most of whom are citizens— to call them or let anyone know what their parents and with no way of find- when their family breadwinner is taken had happened until later the next day. ing them. One second-grader in Wor- away. And it’s local schools that have In Iowa, after a raid in Postville, some thington, MN—a U.S. citizen—came to take care of kids when no one picks children went 72 hours without seeing home that Tuesday night to find his 2- them up after soccer practice. their parents or knowing what hap- year-old brother alone and his mother After the Swift raids, the Bush ad- pened to them. and father missing. ministration finally understood this. Any parent knows how scared kids For the next week, this boy stayed at And so in 2007, it put in place humani- get just when you come home late. Can home caring for his 2-year-old brother tarian guidelines that call upon ICE to you imagine how scared they would get while his grandmother traveled to Wor- reach out to state authorities and child if you went missing for a whole day? thington to care for her grandchildren. welfare services before major enforce- For 3 days? Can you imagine what On June 22, 2007, ICE agents staged ment actions. Again, that is the Bush would happen if they didn’t know who another raid, this one in the Jackson administration. President Obama ex- to call? Can you imagine what would

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.031 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5278 CONGRESSIONAL RECORD — SENATE June 22, 2010 happen if they didn’t have anything to (2) CHILD.—The term ‘‘child’’ has the mean- legal guardians, or primary caregivers of a eat? ing given to the term in section 101(b)(1) of child in the United States; Our bill requires Federal and State the Immigration and Nationality Act (8 (2) as soon as possible and not later than 8 authorities to allow parents, legal U.S.C. 1101(b)(1)). hours after an immigration enforcement ac- guardians, or primary caregivers to (3) CHILD WELFARE AGENCY.—The term tion, provide any apprehended individual be- ‘‘child welfare agency’’ means the State or lieved to be a parent, legal guardian, or pri- make free phone calls to their family, local agency responsible for child welfare mary caregiver of a child in the United to lawyers, and to child welfare agen- services under subtitles B and E of title IV of States with— cies to make sure that their kids aren’t the Social Security Act (42 U.S.C. 601 et (A) free, confidential telephone calls, in- abandoned. seq.). cluding calls to child welfare agencies, attor- Finally, our bill averts one other (4) COOPERATING ENTITY.—The term ‘‘co- neys, and legal services providers, to arrange major problem. operating entity’’ means a State or local en- for the care of children or wards, unless the When a parent is detained, even if tity acting under agreement with, or at the Department of Homeland Security has rea- their kids know where they are, it is request of, the Department of Homeland Se- sonable grounds to believe that providing still extremely difficult for kids and curity. confidential phone calls to the individual would endanger public safety or national se- parents to stay in contact. And it is ex- (5) DETENTION FACILITY.—The term ‘‘deten- tion facility’’ means a Federal, State, or curity; and tremely difficult for parents to partici- local government facility, or a privately (B) contact information for— pate in legal proceedings that affect owned and operated facility, that is used to (i) child welfare agencies in all 50 States, their kids. hold individuals suspected or found to be in the District of Columbia, all United States This means that parents can’t tell a violation of the Immigration and Nation- territories, counties, and local jurisdictions; family court judge about a brother or ality Act (8 U.S.C. 1101 et seq.). and sister or neighbor that could take care (6) IMMIGRATION ENFORCEMENT ACTION.—The (ii) attorneys and legal service providers of their child. Children have actually term ‘‘immigration enforcement action’’ capable of providing free legal advice or free means the apprehension of, detention of, or legal representation regarding child welfare, been adopted by well-meaning families child custody determinations, and immigra- or put into foster care because their request for or issuance of a detainer for, 1 or more individuals for suspected or confirmed tion matters; parents were unable to participate in violations of the Immigration and Nation- (3) ensure that personnel of the Depart- custody proceedings. ality Act (8 U.S.C. 1101 et seq.) by the De- ment of Homeland Security and cooperating Our bill makes sure that after partment of Homeland Security or cooper- entities do not— they’re detained, parents can continue ating entities. (A) interview individuals in the immediate to have access to phones to call their (7) LOCAL EDUCATION AGENCY.—The term presence of children; or kids, their lawyers, and family courts. ‘‘local education agency’’ has the meaning (B) compel or request children to translate Our bill also requires ICE to consider given to the term in section 9101 of the Ele- for interviews of other individuals who are mentary and Secondary Education Act of encountered as part of an immigration en- the best interests of children in deci- forcement action; and sions to transfer detainees between fa- 1965 (20 U.S.C. 7801). (8) NGO.—The term ‘‘NGO’’ means a non- (4) ensure that any parent, legal guardian, cilities, or put them into reliable and governmental organization that provides so- or primary caregiver of a child in the United cost-effective supervised release pro- cial services or humanitarian assistance to States— grams. the immigrant community. (A) receives due consideration of the best Our immigration system isn’t bro- interests of his or her children or wards in SEC. 3. APPREHENSION PROCEDURES FOR IMMI- any decision or action relating to his or her ken. It is in shambles. And while our GRATION ENFORCEMENT-RELATED bill doesn’t fix 99.9 percent of those ACTIVITIES. detention, release, or transfer between de- tention facilities; and (a) NOTIFICATION.— problems, it takes a small but impor- (B) is not transferred from his or her ini- (1) ADVANCE NOTIFICATION.—Subject to tant step to make sure our kids don’t tial detention facility or to the custody of paragraph (2), when conducting any immi- suffer any more than they have to al- the Department of Homeland Security until gration enforcement action, the Department ready. the individual— of Homeland Security and cooperating enti- I am proud to say that because this is (i) has made arrangements for the care of ties shall notify the Governor of the State, his or her children or wards; or such a critical, albeit narrowly tar- the local child welfare agency, and relevant (ii) if such arrangements are impossible, is geted measure, our bill has gained the State and local law enforcement before com- informed of the care arrangements made for support of the top faith, child welfare, mencing the action, or, if advance notifica- the children and of a means to maintain and immigrant advocacy organizations tion is not possible, immediately after com- communication with the children. mencing such action, of— in the country. (c) NONDISCLOSURE AND RETENTION OF IN- (A) the approximate number of individuals I’m also proud to say that it has won FORMATION ABOUT APPREHENDED INDIVIDUALS the support of faith leaders across Min- to be targeted in the immigration enforce- AND THEIR CHILDREN.— nesota, the Minnesota Chamber of ment action; and (1) IN GENERAL.—Information collected by Commerce, Chief Tom Smith of the St. (B) the primary language or languages be- child welfare agencies and NGOs in the lieved to be spoken by individuals at the tar- course of the screenings and interviews de- Paul Police Department, and countless geted site. immigrant advocacy groups in the scribed in subsection (b)(1) about an indi- (2) HOURS OF NOTIFICATION.—Whenever pos- vidual apprehended in an immigration en- State. sible, advance notification should occur dur- While immigration may be com- forcement action may not be disclosed to ing business hours and allow the notified en- Federal, State, or local government entities plicated, protecting our kids isn’t. It’s tities sufficient time to identify resources to or to any person, except pursuant to written something we can all agree on. conduct the interviews described in sub- authorization from the individual or his or Mr. President, I ask unanimous con- section (b)(1). her legal counsel. sent that the text of the bill and a list (3) OTHER NOTIFICATION.—When conducting (2) CHILD WELFARE AGENCY OR NGO REC- any immigration action, the Department of of supporters be printed in the RECORD. OMMENDATION.—Notwithstanding paragraph There being no objection, the mate- Homeland Security and cooperating entities (1), a child welfare agency or NGO may— shall notify the relevant local education (A) submit a recommendation to the De- rial was ordered to be printed in the agency and local NGOs of the information RECORD, as follows: partment of Homeland Security or cooper- described in paragraph (1) immediately after ating entities regarding whether an appre- S. 3522 commencing the action. hended individual is a parent, legal guardian, Be it enacted by the Senate and House of Rep- (b) APPREHENSION PROCEDURES.—In any im- or primary caregiver who is eligible for the resentatives of the United States of America in migration enforcement action, the Depart- protections provided under this Act; and Congress assembled, ment of Homeland Security and cooperating (B) disclose information that is necessary SECTION 1. SHORT TITLE. entities shall— to protect the safety of the child, to allow This Act may be cited as the ‘‘Humane En- (1) as soon as possible and not later than 6 for the application of subsection (b)(4)(A), or forcement and Legal Protections for Sepa- hours after an immigration enforcement ac- to prevent reasonably certain death or sub- rated Children Act’’ or the ‘‘HELP Separated tion, provide licensed social workers or case stantial bodily harm. Children Act’’. managers employed or contracted by the SEC. 4. ACCESS TO CHILDREN, LOCAL AND STATE SEC. 2. DEFINITIONS. child welfare agency or local NGOs with con- COURTS, CHILD WELFARE AGEN- In this Act: fidential access to screen and interview indi- CIES, AND CONSULAR OFFICIALS. (1) APPREHENSION.—The term ‘‘apprehen- viduals apprehended in such immigration en- (a) IN GENERAL.—The Secretary of Home- sion’’ means the detention, arrest, or cus- forcement action to assist the Department of land Security shall ensure that all detention tody by officials of the Department of Home- Homeland Security or cooperating entity in facilities operated by or under agreement land Security or cooperating entities. determining if such individuals are parents, with the Department of Homeland Security

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.037 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5279 implement procedures to ensure that the Department of Homeland Security and of Project; Global Family Legal Services; best interest of the child, including the best States and local entities acting under agree- MEChA Arizona Student Union; outcome for the family of the child, can be ment with the Department of Homeland Se- Tumbleweed, Center for Youth Development. considered in any decision and action relat- curity who regularly come into contact with ARKANSAS ing to the custody of children whose parent, children or parents in the course of con- legal guardian, or primary caregiver is de- ducting immigration enforcement actions. Arkansas Voices. tained as the result of an immigration en- SEC. 7. RULEMAKING. CALIFORNIA forcement action. Not later than 120 days after the date of Asian Law Alliance; California Immigrant (b) ACCESS TO CHILDREN, STATE AND LOCAL the enactment of this Act, the Secretary of Policy Center; Children Now; Coalition for COURTS, CHILD WELFARE AGENCIES, AND CON- Homeland Security shall promulgate regula- Humane Immigrant Rights of Los Angeles; SULAR OFFICIALS.—At all detention facilities tions to implement this Act. East Bay Community Law Center; Inter- operated by, or under agreement with, the SEC. 8. SEVERABILITY. national Institute of the Bay Area; Public Department of Homeland Security, the Sec- If any provision of this Act or amendment Counsel. retary of Homeland Security shall— made by this Act, or the application of a pro- COLORADO (1) ensure that individuals who are de- vision or amendment to any person or cir- Lutheran Advocacy Ministries; Rocky tained by reason of their immigration status cumstance, is held to be unconstitutional, Mountain Immigrant Advocacy Network. may receive the screenings and interviews the remainder of this Act and amendments described in section 3(b)(1) not later than 6 made by this Act, and the application of the CONNECTICUT hours after their arrival at the detention fa- provisions and amendment to any person or Connecticut Voices for Children. cility; circumstance, shall not be affected by the DISTRICT OF COLUMBIA (2) ensure that individuals who are de- holding. tained by reason of their immigration status Ayuda; The Episcopal Church. and are believed to be parents, legal guard- NATIONAL ORGANIZATIONS SUPPORTING THE FLORIDA ians, or primary caregivers of children in the HELP SEPARATED CHILDREN ACT United States are— Florida Immigrant Advocacy Center; Flor- (A) permitted daily phone calls and regular AFL–CIO; America’s Promise Alliance; ida Legal Services, Inc.; Gulfcoast Legal contact visits with their children or wards; American Humane Association; American Services, Inc.; Legal Aid Society of the Or- (B) able to participate fully, and to the ex- Immigration Lawyers Association; American ange County Bar Association, Inc.; Legal tent possible in-person, in all family court Muslim Voice; American Nursery & Land- Ministry H.E.L.P., Inc. scape Association; Amnesty International proceedings and any other proceeding im- GEORGIA pacting upon custody of their children or USA; Arizona Council of Human Service Pro- viders; Asian & Pacific Islander American Asian American Legal Advocacy Center, wards; Inc. (AALAC) of Georgia; Georgia Rural (C) able to fully comply with all family Health Forum; Asian American Justice Cen- ter; Asian Pacific American Labor Alliance; Urban Summit; Latinos for Education & Jus- court or child welfare agency orders impact- tice Organization. ing upon custody of their children or wards; Bridging Group; Catholic Charities USA; (D) provided with contact information for Center for Asian Pacific Islander; Center for ILLINOIS family courts in all 50 States, the District of Farmworker Families; Child Welfare League Instituto del Progreso Latino; Maria Columbia, all United States territories, of America; Church World Service, Immigra- Baldini-Potermin & Associates. tion and Refugee Program; The Episcopal counties, and local jurisdictions; IOWA (E) granted free and confidential telephone Church; Every Child Matters Education calls to child welfare agencies and family Fund; Family Violence Prevention Fund; Child and Family Policy Center; Lutheran courts; First Focus Campaign for Children; Foster Services in Iowa; National Association of So- (F) granted free and confidential telephone Care Alumni of America; Foster Family- cial Workers, Iowa Chapter. calls and confidential in-person visits with based Treatment Association; Friends Com- KENTUCKY mittee on National Legislation; Hebrew Im- attorneys, legal representatives, and con- Kentucky Youth Advocates. sular officials; migrant Aid Society (HIAS); Human Rights (G) provided United States passport appli- Watch; Immigrant Legal Resource Center; LOUISIANA cations for the purpose of obtaining travel Immigration Equality; Juvenile Law Center; New Orleans Workers’ Center for Racial documents for their children or wards; Kids in Need of Defense (KIND); Latino Com- Justice. mission on AIDS; Legal Momentum; Lu- (H) granted adequate time before removal MAINE to obtain passports and other necessary trav- theran Immigrant and Refugee Service Immigrant Legal Advocacy Project; Maine el documents on behalf of their children or (LIRS); Lutheran Immigration and Refugee Children’s Alliance. wards if such children or wards will accom- Service (LIRS); Mennonite Central Com- pany them on their return to their country mittee U.S.—Washington Office; Midwest Co- MARYLAND alition for Human Rights; Moms Rising; Na- of origin or join them in their country of ori- CASA de Maryland; Lutheran Office on tional Association for the Education of gin; and Public Policy. (I) provided with the access necessary to Homeless Children and Youth; National As- MICHIGAN obtain birth records or other documents re- sociation of Social Workers; National Con- quired to obtain passports for their children sumers League; National Council of Jewish Bethany Children’s Services; Immigrant or wards; and Women; National Council of La Raza; Na- Legal Advocacy Project; Michigan’s Chil- (3) facilitate the ability of detained par- tional Federation of Filipino American Asso- dren. ciations; National Foster Care Coalition; Na- ents, legal guardians, and primary caregivers MINNESOTA to share information regarding travel ar- tional Immigrant Justice Center; National Immigration Forum; National Immigration Advocates for Human Rights; American rangements with their children or wards, Immigration Lawyers Association, Min- child welfare agencies, or other caregivers Law Center; National Korean American Service & Education Consortium; National nesota/Dakotas Chapter; Ascension Church; well in advance of the detained individual’s Benedictine-Franciscan Immigrant Justice departure from the United States. Latino AIDS Action Network; National Pol- icy Partnership; OCA; Physicians for Human Commission (St. Joseph & Little Falls, MN); SEC. 5. MEMORANDA OF UNDERSTANDING. Rights; Saavedra Law Firm; Sargent Shriver Casa Guadalupana; Catholic Charities of St. The Secretary of Homeland Security shall National Center on Poverty Law; Sisters of Paul & Minneapolis; Center for Asian Pacific develop and implement memoranda of under- Mercy of the Americas, South Central Com- Islanders; Center for Mission, Archdiocese of standing or protocols with child welfare munity; Sojourners; South Asian Americans St. Paul and Minneapolis; Children’s Defense agencies and NGOs regarding the best ways Leading Together (SAALT); Southeast Asia Fund Minnesota; Children’s Law Center of to cooperate and facilitate ongoing commu- Resource Action Center; U.S. Committee for Minnesota; Chinese Social Service Center; nication between all relevant entities in Refugees and Immigrants; Union for Reform Church World Service; Congregational Coun- cases involving a child whose parent, legal Judaism; Unitarian Universalist Association cil, the Miracle Lutheran Church; Depart- guardian, or primary caregiver has been ap- of Congregations; United Methodist Church, ment of Social Concerns, Catholic Charities prehended or detained in an immigration en- General Board of Church and Society; Voices of the Diocese of St. Cloud; Family & Chil- forcement action to protect the best inter- for America’s Children; Women’s Refugee dren’s Service; Franciscan Sisters of Little ests of the child and the best outcome for the Commission; Youth Build USA; Zero to Falls; Great River Interfaith Partnership; family of the child. Three. Hmong American Partnership; Hospitality SEC. 6. MANDATORY TRAINING. Minnesota; Immigrant Law Center of Min- STATE AND LOCAL ORGANIZATIONS SUP- The Secretary of Homeland Security , in nesota; Immigration Task Force, Minnesota PORTING THE HELP SEPARATED CHILDREN consultation with the Secretary of Health Conference United Church of Christ; Inter- ACT and Human Services and independent child faith Coalition on Immigration; ISAIAH; welfare experts, shall require and provide in- ARIZONA Jewish Community Action; Justice Commis- person training on the protections required Arizona Council of Human Service Pro- sion of the Sisters of St. Joseph of under sections 3 and 4 to all personnel of the viders; Children’s Action Alliance; Florence Carondelet and Consociates; Latin America

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.032 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5280 CONGRESSIONAL RECORD — SENATE June 22, 2010 & Haiti Focus Group, St. Luke’s Pres- Latz, Shir Tikvah Congregation; Charles & Policy Priorities; Daya Inc.; Wilco Justice byterian Church; Legal Rights Center; Lu- Hertha Lutz, Peace and Justice Advocates, Alliance. theran Coalition for Public Policy in Min- Evangelical Lutheran Church in America, VIRGINIA nesota; Lutheran Social Service of Min- Minneapolis, MN; Miguel Lucas Lindgren, Voices for Virginia’s Children. nesota; Metropolitan Consortium of Commu- DFL Latino Caucus Treasurer, Roseville, nity Developers; Mid-Minnesota Legal As- MN; Brianna MacPhee, Executive Board, WASHINGTON sistance; Midwest Food Processors Associa- Minnesota Latino Caucus, Minneapolis, MN; Children’s Home Society of Washington; tion; Minnesota Advocates for Human Pastor Rod Maeker, Faculty (ret.), Luther Northwest Immigrant and Refugee Rights Rights; Minnesota AFL-CIO; Minnesota Seminary, St. Paul, MN; Rev. Naomi Mahler, Project. Agri-Growth Council; Minnesota Alliance Paz y Esperanza Lutheran Church, Willmar, f With Youth; Minnesota Business Immigra- MN; Pastor Susan Maetzold Moss, Episcopal tion Coalition; Minnesota Catholic Con- Diocese of Minnesota; Sen. Mee Moua (Dist. NOTICE OF HEARING ference; Minnesota Chamber of Commerce; 67), Chair, Minnesota Senate Judiciary Com- Minnesota Fathers & Families Network; mittee, St. Paul, MN; Lauren Morse-Wendt, COMMITTEE ON ENERGY AND NATURAL Minnesota Hispanic Bar Association; Min- Mission and Ministry Developer, Edina, MN; RESOURCES nesota Hispanic Chamber of Commerce; Min- Pastor Richard Mork, Evangelical Lutheran Mr. BINGAMAN. Mr. President, I nesota Lodging Association; Minnesota Milk Church in America, St. Paul, MN; Rev. Jen would like to add two bills for the pre- Producers Association; Minnesota Nursery & Nagel, Salem English Lutheran, Min- viously announced hearing scheduled Landscape Association; Minnesota Res- neapolis, MN; Rev. Karsten Nelson, Our Re- before the Senate Committee on En- taurant Association; Minnesota School So- deemer Lutheran Church, St. Paul, MN; Rev. ergy and Natural Resources. The hear- cial Workers Association; Minnesota Keith H. Olstad, St. Paul-Reformation Lu- Strengthening Our Lives (SOL); No More theran Church, St. Paul, MN; Rafael Ortega, ing will be held on Thursday, June 24, Children Left Behind; Office of Justice, Ramsey County Commissioner; Pastor Paul 2010, at 9:30 a.m., in room SD–366 of the Peace & Integrity of Creation, School Sisters Slack, New Creation Community Church, Dirksen Senate Office Building. of Notre Dame, Mankato; Project for Pride Brooklyn Park, MN; Rev. Dr. Karen Smith The purpose of the hearing is to hear in Living; Service Employees International Sellers, Minnesota Conference United testimony on the following bills: S. Union (SEIU), Local 26—Minneapolis; Serv- Church of Christ; Roxanne Smith, Social 3497, a bill to amend the Outer Conti- ice Employees International Union (SEIU), Justice Dir., St. Joseph the Worker Church, nental Shelf Lands Act to require Minnesota State Council; Sisters Online; So- Maple Grove, MN; Chief Tom Smith, St. Paul leases entered into under that Act to cial Concerns & Family Office, Diocese of Police Department; Pastor Grant Stevensen, New Ulm; Sowers Leadership Team, Guard- St. Matthew’s Lutheran Church, St. Paul, include a plan that describes the means ian Angels Catholic Church; St. John Neu- MN; Rabbi Adam Stock Spilke, Mount Zion and timeline for containment and ter- mann Catholic Church; The Minneapolis Temple; Pastor Eric Strand, Edina Commu- mination of an ongoing discharge of Foundation; UFCW Local 1161—Worthington; nity Church, Edina, MN; Rev. Dale oil, and for other purposes; and, S. 3431, UFCW Local 789—South St. Paul; UNITE Stuepfert, Director of Chaplaincy (ret.), Hen- a bill to improve the administration of Here, Minnesota State Council; United Cam- nepin County Medical Center, Minneapolis, the Minerals Management Service, and bodian Association of Minnesota; United MN; Pastor Steve Sylvester, Our Savior’s for other purposes. Food and Commercial Workers (UFCW), Lutheran Church, Circle Pines, MN; Linda Adding bills: S. 3509, a bill to amend Local 1161—Worthington; United Food and Thompson, Lay Leader, St. Luke Pres- Commercial Workers (UFCW), Local 789— byterian Church, Plymouth, MN; Sen. Patri- the Energy Policy Act of 2005 to pro- South St. Paul; Willmar Area Comprehen- cia Torres Ray (District 62); Rev. Jill mote the research and development of sive Immigration Reform; YWCA of Min- Tollefson, La Mision San Jose Obrero de technologies and best practices for the neapolis. Episcopal, Montgomery, MN; Rev. Susan safe development and extraction of MINNESOTA FAITH LEADERS, ELECTED OFFI- Tjornehoj, Minneapolis Area Synod, Evan- natural gas and other petroleum re- CIALS & COMMUNITY ADVOCATES SUP- gelical Lutheran Church in America, Min- sources, and for other purposes; and, S. PORTING THE HELP SEPARATED CHILDREN neapolis, MN; Pastor Jason Van Hunnik, 3516, a bill to amend the Outer Conti- ACT Westwood Lutheran Church, St. Louis Park, nental Shelf Lands Act to reform the Rabbi Morris J. Allen, Beth Jacob Con- MN; Pastor Mark Vinge, House of Hope Lu- theran Church, New Hope, MN; Rev. David management of energy and mineral re- gregation; Rabbi Renee Bauer, Mayim Rabim sources on the Outer Continental Shelf, Congregation; Rev. Ralph Baumgartner, Gal- Wangaard, Minneapolis Area Synod, Evan- ilee Lutheran Church, Roseville, MN; Rev. gelical Lutheran Church in America, Min- and for other purposes. Chris Becker, Peace Lutheran Church, Inver neapolis, MN; Pastor Mark Wegener, Because of the limited time available Grove Heights, MN; Pastor Chris Berthelsen, Woodlake Lutheran Church, Richfield, MN; for the hearing, witnesses may testify First Lutheran Church, St. Paul, MN; Rev. Rev. Bruce M. Westphal, Westwood Lutheran by invitation only. However, those Mariann Budde, St. John’s Episcopal Church, Church, St. Louis Park, MN; Rev. Jonathan wishing to submit written testimony Minneapolis, MN; Pastor Sarah Campbell, Zielske, Hope Lutheran Church.. for the hearing record may do so by Mayflower Community Congregational NEW JERSEY sending it to the Committee on Energy Church, Minnapolis, MN; Mayor Chris Cole- Association for Children of New Jersey; and Natural Resources, United States man, City of St. Paul; Rev. Doug Donley, Casa Esperanza; IRATE & First Friends; University Baptist Church, Minneapolis, MN; Senate, Washington, DC 20510–6150, or Statewide Parent Advocacy Network. by e-mail to Abi- Rabbi Amy Eilberg, Jay Phillips Center for NEW MEXICO Jewish-Christian Learning; Pastor Paul [email protected]. For Families, LLC.; Lutheran Advocacy Erickson, Evangelical Lutheran Church of For further information, please con- Ministry; New Mexico Children, Youth and America, St. Paul, MN; Rev. James tact Linda Lance at (202) 224–7556 or Families Protective Services Division; New Erlandson, Lutheran Church of the Re- Mexico Women’s Justice Project; PBJ Fam- Abigail Campbell at (202) 224–1219. deemer, St. Paul, MN; Rev. G. Allen Foster, ily Services, Inc. Citadel of Hope Church, Brooklyn Park, MN; f NEW YORK Pastor Pam Fickenscher, Edina Community AUTHORITY FOR COMMITTEES TO ´ Coalition for Asian American Children and Lutheran Church, Edina, MN; Luz Marıa MEET Frı´as, Human Rights & Equal Economic Op- Families; Make the Road New York; The portunity Dept., City of St. Paul; Pastor Dan Osborne Association; Schuyler Center for COMMITTEE ON ARMED SERVICES Garnaas, Grace University Lutheran Church, Analysis and Advocacy. Mrs. MURRAY. Mr. President, I ask Minneapolis, MN; Rev. Chad Gilbertson, NORTH CAROLINA unanimous consent that the Com- Willmar, MN; Revs. Patrick & Luisa Cabello Action for Children North Carolina; The mittee on Armed Services be author- Hansel, Minneapolis Area Synod, Evan- Exceptional Children’s Assistance Center. gelical Lutheran Church in America, Min- ized to meet during the session of the OKLAHOMA neapolis, MN; Rev. Richard Headen, Pres- Senate on June 22, 2010, at 9:30 a.m. byterian Church USA, Plymouth, MN; Allan Oklahoma Institute for Child Advocacy. The PRESIDING OFFICER. Without D. Henden, Lay Leader, United Church of OREGON objection, it is so ordered. Christ, Minneapolis, MN; Rev. Karen Hering, Immigration Counseling Services (Port- COMMITTEE ON COMMERCE, SCIENCE, AND Unity Unitarian Church, St. Paul, MN; Rev. land, OR). TRANSPORTATION Anita C. Hill, St. Paul, MN; Loan T. Huynh, SOUTH CAROLINA Mrs. MURRAY. Mr. President, I ask Attorney at Law; Bishop Craig E. Johnson, Minneapolis Area Synod, Evangelical Lu- South Carolina Appleseed. unanimous consent that the Com- theran Church in America, Minneapolis, MN; TEXAS mittee on Commerce, Science, and Elder Karen Larson, St. Luke Presbyterian Catholic Charities of Dallas, Inc., Immi- Transportation be authorized to meet Church, Minnetonka, MN; Rabbi Michael gration & Legal Services; Center for Public during the session of the Senate on

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JN6.033 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE June 22, 2010 CONGRESSIONAL RECORD — SENATE S5281 June 22, 2010, at 2:30 p.m. in room 253 of Moure-Eraso, to be a member of the The PRESIDING OFFICER. Without the Russell Senate Office Building. Chemical Safety and Hazardous Inves- objection, it is so ordered. The PRESIDING OFFICER. Without tigation Board, and that the nomina- f objection, it is so ordered. tion then be placed on the Executive PROGRAM COMMITTEE ON ENERGY AND NATURAL Calendar. RESOURCES The PRESIDING OFFICER. Without Mr. CASEY. Mr. President, tomor- Mrs. MURRAY. Mr. President, I ask objection, it is so ordered. row, we expect to resume consideration unanimous consent that the Com- f of the House message on H.R. 4213, the tax extenders legislation. Rollcall mittee on Energy and Natural Re- EXECUTIVE CALENDAR sources be authorized to meet during votes are expected to occur throughout the session of the Senate on June 22, Mr. CASEY. Mr. President, I ask the day. 2010, at 10 a.m., in room SD–366 of the unanimous consent that the Senate f Dirksen Senate Office Building. proceed en bloc to Calendar Nos. 945, 946, 947, 949, 950, and 951; that the nomi- ADJOURNMENT UNTIL 9:30 A.M. The PRESIDING OFFICER. Without TOMORROW objection, it is so ordered. nations be confirmed en bloc, the mo- tions to reconsider be laid upon the Mr. CASEY. Mr. President, if there is COMMITTEE ON FOREIGN RELATIONS table en bloc, any statements relating no further business to come before the Mrs. MURRAY. Mr. President, I ask to the nominations be printed in the Senate, I ask unanimous consent that unanimous consent that the Com- RECORD, as if read, the President be im- it adjourn under the previous order. mittee on Foreign Relations be author- mediately notified of the Senate’s ac- There being no objection, the Senate, ized to meet during the session of the tion, and the Senate then resume legis- at 9:51 p.m., adjourned until Wednes- Senate on June 22, 2010, at 9:30 a.m., to lative session. day, June 23, 2010, at 9:30 a.m. hold a hearing entitled ‘‘Iran Policy in The PRESIDING OFFICER. Without f the Aftermath of United Nations Sanc- objection, it is so ordered. tions.’’ The nominations considered and con- DISCHARGED NOMINATION The PRESIDING OFFICER. Without firmed en bloc are as follows: The Senate Committee on Environ- objection, it is so ordered. INSTITUTE OF AMERICAN INDIAN AND ALASKA ment and Public Works was discharged COMMITTEE ON HEALTH, EDUCATION, LABOR, NATIVE CULTURE AND ARTS DEVELOPMENT from further consideration of the fol- AND PENSIONS Cynthia Chavez Lamra, of New Mexico, to lowing nomination by unanimous con- Mrs. MURRAY. Mr. President, I ask be a Member of the Board of Trustees of the sent and the nomination was placed on unanimous consent that the Com- Institute of American Indian and Alaska Na- the Executive Calendar: mittee on Health, Education, Labor, tive Culture and Arts Development for a * RAFAEL MOURE-ERASO, OF MASSACHUSETTS, TO BE A and Pensions be authorized to meet term expiring May 19, 2010. MEMBER OF THE CHEMICAL SAFETY AND HAZARD IN- during the session of the Senate to con- JoAnn Lynn Balzer, of New Mexico, to be a VESTIGATION BOARD FOR A TERM OF FIVE YEARS. duct a hearing entitled ‘‘The ADA and Member of the Board of Trustees of the Insti- * Nominee has committed to respond Olmstead Enforcement: Ensuring Com- tute of American Indian and Alaska Native to requests to appear and testify before Culture and Arts Development for a term ex- any duly constituted committee of the munity Opportunities for Individuals piring May 19, 2012. with Disabilities’’ on June 22, 2010. The Senate. NATIONAL INDIAN GAMING COMMISSION hearing will commence at 2:30 p.m. in f Tracie Stevens, of Washington, to be room 430 of the Dirksen Senate Office Chairman of the National Indian Gaming CONFIRMATIONS Building. Commission for the term of three years. The PRESIDING OFFICER. Without Executive nominations confirmed by DEPARTMENT OF JUSTICE objection, it is so ordered. the Senate, Tuesday, June 22, 2010: Pamela Cothran Marsh, of Florida, to be NATIONAL LABOR RELATIONS BOARD SELECT COMMITTEE ON INTELLIGENCE United States Attorney for the Northern Dis- Mrs. MURRAY. Mr. President, I ask trict of Florida for the term of four years. BRIAN HAYES, OF MASSACHUSETTS, TO BE A MEMBER OF THE NATIONAL LABOR RELATIONS BOARD FOR THE unanimous consent that the Select Peter J. Smith, of Pennsylvania, to be TERM OF FIVE YEARS EXPIRING DECEMBER 16, 2012. Committee on Intelligence be author- United States Attorney for the Middle Dis- MARK GASTON PEARCE, OF NEW YORK, TO BE A MEM- trict of Pennsylvania for the term of four BER OF THE NATIONAL LABOR RELATIONS BOARD FOR ized to meet during the session of the THE TERM OF FIVE YEARS EXPIRING AUGUST 27, 2013. Senate on June 22, 2010 at 2:30 p.m. years. Kevin Anthony Carr, of Wisconsin, to be AMTRAK BOARD OF DIRECTORS The PRESIDING OFFICER. Without United States Marshal for the Eastern Dis- ANTHONY R. COSCIA, OF NEW JERSEY, TO BE A DIREC- objection, it is so ordered. trict of Wisconsin for the term of four years. TOR OF THE AMTRAK BOARD OF DIRECTORS FOR A TERM OF FIVE YEARS. SUBCOMMITTEE ON SUPERFUND, TOXICS, AND f ALBERT DICLEMENTE, OF DELAWARE, TO BE A DIREC- ENVIRONMENTAL HEALTH TOR OF THE AMTRAK BOARD OF DIRECTORS FOR THE RE- Mrs. MURRAY. Mr. President, I ask LEGISLATIVE SESSION MAINDER OF THE TERM EXPIRING JULY 26, 2011. unanimous consent that the Sub- The PRESIDING OFFICER. The Sen- NATIONAL TRANSPORTATION SAFETY BOARD committee on Superfund, Toxics, and ate will now return to legislative ses- MARK R. ROSEKIND, OF CALIFORNIA, TO BE A MEMBER OF THE NATIONAL TRANSPORTATION SAFETY BOARD Environmental Health of the Com- sion. FOR A TERM EXPIRING DECEMBER 31, 2014. mittee on Environment and Public f DEPARTMENT OF HEALTH AND HUMAN SERVICES Works be authorized to meet during ORDERS FOR WEDNESDAY, JUNE JIM R. ESQUEA, OF NEW YORK, TO BE AN ASSISTANT the session of the Senate on June 22, SECRETARY OF HEALTH AND HUMAN SERVICES. 23, 2010 2010, at 2:30 p.m. in room 406 of the DEPARTMENT OF STATE Mr. CASEY. Mr. President, I ask Dirksen Senate Office Building. JUDITH ANN STEWART STOCK, OF VIRGINIA, TO BE AN The PRESIDING OFFICER. Without unanimous consent that when the Sen- ASSISTANT SECRETARY OF STATE (EDUCATIONAL AND objection, it is so ordered. ate completes its business today, it ad- CULTURAL AFFAIRS). The PRESIDING OFFICER. The Sen- journ until 9:30 a.m. on Wednesday, DEPARTMENT OF ENERGY ator from Pennsylvania. June 23; that following the prayer and PATRICIA A. HOFFMAN, OF VIRGINIA, TO BE AN ASSIST- the pledge, the Journal of proceedings ANT SECRETARY OF ENERGY (ELECTRICITY DELIVERY f AND ENERGY RELIABILITY). be approved to date, the morning hour NATIONAL COUNCIL ON DISABILITY EXECUTIVE SESSION be deemed to have expired, the time for ARI NE’EMAN, OF MARYLAND, TO BE A MEMBER OF THE the two leaders be reserved for their NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- use later in the day, and that following ING SEPTEMBER 17, 2012. NOMINATION DISCHARGED any leader remarks, the Senate proceed DEPARTMENT OF TRANSPORTATION Mr. CASEY. Mr. President, I ask to a period of morning business for 1 DAVID T. MATSUDA, OF THE DISTRICT OF COLUMBIA, unanimous consent that the Senate hour, with Senators permitted to speak TO BE ADMINISTRATOR OF THE MARITIME ADMINISTRA- proceed to executive session and that therein for up to 10 minutes each, with TION. the Environment and Public Works the Republicans controlling the first 30 MARINE MAMMAL COMMISSION Committee be discharged of the fol- minutes and the majority controlling MICHAEL F. TILLMAN, OF CALIFORNIA, TO BE A MEM- BER OF THE MARINE MAMMAL COMMISSION FOR A TERM lowing nomination: PN1573, Rafael the final 30 minutes. EXPIRING MAY 13, 2011.

VerDate Mar 15 2010 03:34 Jun 23, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 9801 E:\CR\FM\A22JN6.028 S22JNPT1 rfrederick on DSK8KYBLC1PROD with SENATE S5282 CONGRESSIONAL RECORD — SENATE June 22, 2010

DARYL J. BONESS, OF MAINE, TO BE A MEMBER OF THE DEPARTMENT OF ENERGY DEPARTMENT OF EDUCATION MARINE MAMMAL COMMISSION FOR A TERM EXPIRING MAY 13, 2010. JEFFREY A. LANE, OF VIRGINIA, TO BE AN ASSISTANT EDUARDO M. OCHOA, OF CALIFORNIA, TO BE ASSIST- DARYL J. BONESS, OF MAINE, TO BE A MEMBER OF THE SECRETARY OF ENERGY (CONGRESSIONAL AND INTER- ANT SECRETARY FOR POSTSECONDARY EDUCATION, DE- MARINE MAMMAL COMMISSION FOR A TERM EXPIRING GOVERNMENTAL AFFAIRS). PARTMENT OF EDUCATION. MAY 13, 2013. FEDERAL ENERGY REGULATORY COMMISSION DEPARTMENT OF LABOR NATIONAL TRANSPORTATION SAFETY BOARD CHERYL A. LAFLEUR, OF MASSACHUSETTS, TO BE A JAMES L. TAYLOR, OF VIRGINIA, TO BE CHIEF FINAN- EARL F. WEENER, OF OREGON, TO BE A MEMBER OF MEMBER OF THE FEDERAL ENERGY REGULATORY COM- CIAL OFFICER, DEPARTMENT OF LABOR. THE NATIONAL TRANSPORTATION SAFETY BOARD FOR MISSION FOR THE TERM EXPIRING JUNE 30, 2014. THE REMAINDER OF THE TERM EXPIRING DECEMBER 31, PHILIP D. MOELLER, OF WASHINGTON, TO BE A MEM- NATIONAL MUSEUM AND LIBRARY SERVICES 2010. BER OF THE FEDERAL ENERGY REGULATORY COMMIS- BOARD SION FOR THE TERM EXPIRING JUNE 30, 2015. AMTRAK BOARD OF DIRECTORS ROBERT WEDGEWORTH, OF ILLINOIS, TO BE A MEMBER OVERSEAS PRIVATE INVESTMENT CORPORATION OF THE NATIONAL MUSEUM AND LIBRARY SERVICES JEFFREY R. MORELAND, OF TEXAS, TO BE A DIRECTOR BOARD FOR A TERM EXPIRING DECEMBER 6, 2013. OF THE AMTRAK BOARD OF DIRECTORS FOR A TERM OF MICHAEL JAMES WARREN, OF THE DISTRICT OF CO- CARLA D. HAYDEN, OF ILLINOIS, TO BE A MEMBER OF FIVE YEARS. LUMBIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION THE NATIONAL MUSEUM AND LIBRARY SERVICES BOARD ENVIRONMENTAL PROTECTION AGENCY FOR A TERM EXPIRING DECEMBER 17, 2011. FOR A TERM EXPIRING DECEMBER 6, 2014. JOHN COPPOLA, OF FLORIDA, TO BE A MEMBER OF THE ARTHUR ALLEN ELKINS, JR., OF MARYLAND, TO BE IN- NATIONAL BOARD FOR EDUCATION SCIENCES NATIONAL MUSEUM AND LIBRARY SERVICES BOARD FOR SPECTOR GENERAL, ENVIRONMENTAL PROTECTION A TERM EXPIRING DECEMBER 6, 2013. AGENCY. ADAM GAMORAN, OF WISCONSIN, TO BE A MEMBER OF WINSTON TABB, OF MARYLAND, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD THE NATIONAL MUSEUM AND LIBRARY SERVICES BOARD PEACE CORPS FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- FOR A TERM EXPIRING DECEMBER 6, 2013. VEMBER 28, 2011. CAROLYN HESSLER RADELET, OF THE DISTRICT OF CO- LAWRENCE J. PIJEAUX, JR., OF ALABAMA, TO BE A DEBORAH LOEWENBERG BALL, OF MICHIGAN, TO BE A MEMBER OF THE NATIONAL MUSEUM AND LIBRARY LUMBIA, TO BE DEPUTY DIRECTOR OF THE PEACE MEMBER OF THE BOARD OF DIRECTORS OF THE NA- CORPS. SERVICES BOARD FOR A TERM EXPIRING DECEMBER 6, TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM 2014. OVERSEAS PRIVATE INVESTMENT CORPORATION EXPIRING NOVEMBER 28, 2012. MARGARET R. MCLEOD, OF THE DISTRICT OF COLUM- STATE JUSTICE INSTITUTE ELIZABETH L. LITTLEFIELD, OF THE DISTRICT OF CO- BIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF LUMBIA, TO BE PRESIDENT OF THE OVERSEAS PRIVATE THE NATIONAL BOARD FOR EDUCATION SCIENCES FOR A DANIEL J. BECKER, OF UTAH, TO BE A MEMBER OF THE INVESTMENT CORPORATION. TERM EXPIRING NOVEMBER 28, 2012. BOARD OF DIRECTORS OF THE STATE JUSTICE INSTI- BRIDGET TERRY LONG, OF MASSACHUSETTS, TO BE A TUTE FOR A TERM EXPIRING SEPTEMBER 17, 2010. INTERNATIONAL JOINT COMMISSION, UNITED MEMBER OF THE BOARD OF DIRECTORS OF THE NA- JAMES R. HANNAH, OF ARKANSAS, TO BE A MEMBER OF STATES AND CANADA TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM THE BOARD OF DIRECTORS OF THE STATE JUSTICE IN- EXPIRING NOVEMBER 28, 2012. STITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2010. LANA POLLACK, OF MICHIGAN, TO BE A COMMISSIONER GAYLE A. NACHTIGAL, OF OREGON, TO BE A MEMBER ON THE PART OF THE UNITED STATES ON THE INTER- EXECUTIVE OFFICE OF THE PRESIDENT OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE NATIONAL JOINT COMMISSION, UNITED STATES AND INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2012. DAVID K. MINETA, OF CALIFORNIA, TO BE DEPUTY DI- CANADA. JOHN B. NALBANDIAN, OF KENTUCKY, TO BE A MEMBER RECTOR FOR DEMAND REDUCTION, OFFICE OF NATIONAL OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE DRUG CONTROL POLICY. FEDERAL RETIREMENT THRIFT INVESTMENT INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2010. BOARD DEPARTMENT OF HEALTH AND HUMAN SERVICES MARSHA J. RABITEAU, OF CONNECTICUT, TO BE A MEM- BER OF THE BOARD OF DIRECTORS OF THE STATE JUS- DANA KATHERINE BILYEU, OF NEVADA, TO BE A MEM- SHERRY GLIED, OF NEW YORK, TO BE AN ASSISTANT TICE INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, BER OF THE FEDERAL RETIREMENT THRIFT INVEST- SECRETARY OF HEALTH AND HUMAN SERVICES. 2010. MENT BOARD FOR A TERM EXPIRING OCTOBER 11, 2011. ´ SMALL BUSINESS ADMINISTRATION HERNAN D. VERA, OF CALIFORNIA, TO BE A MEMBER OF MICHAEL D. KENNEDY, OF GEORGIA, TO BE A MEMBER THE BOARD OF DIRECTORS OF THE STATE JUSTICE IN- OF FEDERAL RETIREMENT THRIFT INVESTMENT BOARD MARIE COLLINS JOHNS, OF THE DISTRICT OF COLUM- STITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2012. FOR A TERM EXPIRING SEPTEMBER 25, 2010. BIA, TO BE DEPUTY ADMINISTRATOR OF THE SMALL MICHAEL D. KENNEDY, OF GEORGIA, TO BE A MEMBER BUSINESS ADMINISTRATION. DEPARTMENT OF JUSTICE OF FEDERAL RETIREMENT THRIFT INVESTMENT BOARD FOR A TERM EXPIRING SEPTEMBER 25, 2014. INSTITUTE OF AMERICAN INDIAN AND ALASKA THOMAS EDWARD DELAHANTY II, OF MAINE, TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF SPECIAL PANEL ON APPEALS NATIVE CULTURE AND ARTS DEVELOPMENT MAINE FOR THE TERM OF FOUR YEARS. WENDY J. OLSON, OF IDAHO, TO BE UNITED STATES AT- DENNIS P. WALSH, OF MARYLAND, TO BE CHAIRMAN OF CYNTHIA CHAVEZ LAMAR, OF NEW MEXICO, TO BE A MEMBER OF THE BOARD OF TRUSTEES OF THE INSTI- TORNEY FOR THE DISTRICT OF IDAHO FOR THE TERM OF THE SPECIAL PANEL ON APPEALS FOR A TERM OF SIX FOUR YEARS. YEARS. TUTE OF AMERICAN INDIAN AND ALASKA NATIVE CUL- TURE AND ARTS DEVELOPMENT FOR A TERM EXPIRING JAMES A. LEWIS, OF ILLINOIS, TO BE UNITED STATES THE JUDICIARY MAY 19, 2010. ATTORNEY FOR THE CENTRAL DISTRICT OF ILLINOIS JOANN LYNN BALZER, OF NEW MEXICO, TO BE A MEM- FOR THE TERM OF FOUR YEARS. MILTON C. LEE, JR., OF THE DISTRICT OF COLUMBIA, BER OF THE BOARD OF TRUSTEES OF THE INSTITUTE OF DONALD J. CAZAYOUX, JR., OF LOUISIANA, TO BE TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- ARTS DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2012. OF LOUISIANA FOR THE TERM OF FOUR YEARS. TEEN YEARS. HENRY LEE WHITEHORN, SR., OF LOUISIANA, TO BE TODD E. EDELMAN, OF THE DISTRICT OF COLUMBIA, TO NATIONAL INDIAN GAMING COMMISSION UNITED STATES MARSHAL FOR THE WESTERN DISTRICT BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF OF LOUISIANA FOR THE TERM OF FOUR YEARS. TRACIE STEVENS, OF WASHINGTON, TO BE CHAIRMAN THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN KEVIN CHARLES HARRISON, OF LOUISIANA, TO BE OF THE NATIONAL INDIAN GAMING COMMISSION FOR YEARS. UNITED STATES MARSHAL FOR THE MIDDLE DISTRICT THE TERM OF THREE YEARS. JUDITH ANNE SMITH, OF THE DISTRICT OF COLUMBIA, OF LOUISIANA FOR THE TERM OF FOUR YEARS. TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT NATIONAL TRANSPORTATION SAFETY BOARD CHARLES GILLEN DUNNE, OF NEW YORK, TO BE UNITED OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- STATES MARSHAL FOR THE EASTERN DISTRICT OF NEW TEEN YEARS. EARL F. WEENER, OF OREGON, TO BE A MEMBER OF YORK FOR THE TERM OF FOUR YEARS. THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A PAMELA COTHRAN MARSH, OF FLORIDA, TO BE UNITED DEPARTMENT OF ENERGY TERM EXPIRING DECEMBER 31, 2015. STATES ATTORNEY FOR THE NORTHERN DISTRICT OF DONALD L. COOK, OF WASHINGTON, TO BE DEPUTY AD- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT FLORIDA FOR THE TERM OF FOUR YEARS. MINISTRATOR FOR DEFENSE PROGRAMS, NATIONAL NU- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- PETER J. SMITH, OF PENNSYLVANIA, TO BE UNITED CLEAR SECURITY ADMINISTRATION. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY STATES ATTORNEY FOR THE MIDDLE DISTRICT OF CONSTITUTED COMMITTEE OF THE SENATE. PENNSYLVANIA FOR THE TERM OF FOUR YEARS. DEPARTMENT OF DEFENSE KEVIN ANTHONY CARR, OF WISCONSIN, TO BE UNITED EXECUTIVE OFFICE OF THE PRESIDENT STATES MARSHAL FOR THE EASTERN DISTRICT OF WIS- SHARON E. BURKE, OF MARYLAND, TO BE DIRECTOR OF CONSIN FOR THE TERM OF FOUR YEARS. OPERATIONAL ENERGY PLANS AND PROGRAMS. BENJAMIN B. TUCKER, OF NEW YORK, TO BE DEPUTY KATHERINE HAMMACK, OF ARIZONA, TO BE AN ASSIST- DIRECTOR FOR STATE, LOCAL, AND TRIBAL AFFAIRS, NATIONAL OCEANIC AND ATMOSPHERIC OFFICE OF NATIONAL DRUG CONTROL POLICY. ANT SECRETARY OF THE ARMY. ADMINISTRATION MICHAEL J. MCCORD, OF VIRGINIA, TO BE PRINCIPAL DEPARTMENT OF JUSTICE DEPUTY UNDER SECRETARY OF DEFENSE (COMP- NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- TROLLER). JOHN H. LAUB, OF THE DISTRICT OF COLUMBIA, TO BE TION NOMINATIONS BEGINNING WITH DAVID A. SCORE ELIZABETH A. MCGRATH, OF VIRGINIA, TO BE DEPUTY DIRECTOR OF THE NATIONAL INSTITUTE OF JUSTICE. AND ENDING WITH DEMIAN A. BAILEY, WHICH NOMINA- CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF JAMES P. LYNCH, OF THE DISTRICT OF COLUMBIA, TO TIONS WERE RECEIVED BY THE SENATE AND APPEARED DEFENSE. BE DIRECTOR OF THE BUREAU OF JUSTICE STATISTICS. IN THE CONGRESSIONAL RECORD ON JUNE 8, 2010.

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