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

Vol. 155 WASHINGTON, WEDNESDAY, FEBRUARY 25, 2009 No. 33 Senate The Senate met at 9:30 a.m. and was from the State of New Mexico, to perform they want to improve the legislation, called to order by the Honorable TOM the duties of the Chair. let them offer the amendments. But if UDALL, a Senator from the State of ROBERT C. BYRD, we do not have a lot of activity on this New Mexico. President pro tempore. legislation, I will file cloture today for Mr. UDALL of New Mexico thereupon a Friday cloture vote. If we are unable PRAYER assumed the chair as Acting President to complete action on the bill tomor- The Chaplain, Dr. Barry C. Black, of- pro tempore. row, Senators should be prepared to fered the following prayer: f vote on Friday, even though it was pre- Let us pray. viously announced that there would be RECOGNITION OF THE MAJORITY no votes on that day. So everyone O Lord, our God, by Your will we LEADER came into being, and at Your com- should be alerted that we may have mand, when the right hour is come, we The ACTING PRESIDENT pro tem- votes on Friday. shall one day leave this world. Let pore. The majority leader is recog- There is no reason in the world that Your spirit lead our Senators today. nized. this simple piece of legislation cannot be completed. I am surprised we have May they increase in self-forgetfulness, f to go into this tomorrow, quite frank- in simplicity, in courage, and in trust, SCHEDULE ly. We should finish it today—that so that each day they will approach would also be good—and we could do nearer to Your likeness. Lord, help Mr. REID. Mr. President, following our work that we have scheduled for them to offer themselves afresh to be leader remarks, if any, the Senate will the weekend, and we could move this used in Your service. Show them Your resume consideration of S. 160, the Dis- bill so we can start on that on Friday, way and may they obey Your presence. trict of Columbia House Voting Rights because, as I said yesterday, we have to Give wisdom to the perplexed, fresh Act. Rollcall votes are expected to complete action on the omnibus spend- vigor to the discouraged, and a clearer occur today and tomorrow in an effort ing bill by next Friday, the reason vision to all who seek Your will. to advance this bill to passage this being that the continuing resolution We pray in Your sacred Name. Amen. week so we can turn to the consider- ation of the omnibus appropriations runs out at that time. f bill next week. Senator COCHRAN and Senator INOUYE Mr. President, you will note that we have worked hard to get the bill to this PLEDGE OF ALLEGIANCE have had no morning business. The rea- point. It has been available for every- one for days now. It is on our Web site. The Honorable TOM UDALL led the son for that is we are very in tune to Everyone can read every word of it. All Pledge of Allegiance, as follows: finish this legislation. I want everyone to have ample opportunity to offer any of the so-called earmarks, the congres- I pledge allegiance to the Flag of the sionally directed spending are there. United States of America, and to the Repub- amendment that they want on this bill. We can look at them, know who asked lic for which it stands, one nation under God, There should be no excuse. We have got for them. indivisible, with liberty and justice for all. all morning, all afternoon, all evening, The earmarks are down by 50 percent all day tomorrow, but we are going to f from what they were. The amount of finish the bill one way or the other. dollars in earmarks, congressionally APPOINTMENT OF ACTING I hope we can do it the right way, the directed spending, is way down from 4 PRESIDENT PRO TEMPORE easy way, so we do not have to file clo- percent to 1 percent. So let’s move for- ture on it. This is a bill that should ad- The PRESIDING OFFICER. The ward on the legislation we are dealing vance. Senator LIEBERMAN is so knowl- clerk will please read a communication with here today and get this done as edgeable about Senate procedures that quickly as possible. to the Senate from the President pro he will protect everyone’s rights. But tempore (Mr. BYRD). Because this is a 6-week work period, we cannot imagine what the amend- we have a lot of work to do. Some of us The assistant legislative clerk read ments are going to be; they have to be the following letter: were out late last night at President offered. We have heard a lot of talk Obama’s speech. U.S. SENATE, about amendments being offered, some f PRESIDENT PRO TEMPORE, germane, some not germane. But let’s Washington, DC, February 25, 2009. RESERVATION OF LEADER TIME To the Senate: get it done and move on. Under the provisions of rule I, paragraph 3, I do not want to have to file cloture The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby on this bill. There is no reason to file pore. Under the previous order, the appoint the Honorable TOM UDALL, a Senator cloture. If people have amendments, leadership time is reserved.

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

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VerDate Nov 24 2008 23:32 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.000 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2434 CONGRESSIONAL RECORD — SENATE February 25, 2009 DISTRICT OF COLUMBIA HOUSE throughout the world. We are the only want to talk for the record about the VOTING RIGHTS ACT OF 2009 democracy in the world where the resi- interesting compromise that Delegate The ACTING PRESIDENT pro tem- dents of our capital do not have any NORTON and Congressman Davis pore. Under the previous order, the voting representation in Congress. achieved last year, and this answers Senate will resume consideration of S. So I think, generally speaking, Mem- the question of: Why Utah? 160, which the clerk will report by bers of the Senate understand and ac- This bill would increase the size of title. cept the injustice of the status quo. the House of Representatives to 437, The assistant legislative clerk read The objections are primarily constitu- adding two new Members to the House. as follows: tional as I have heard them. I believe This is quite historic both in terms of A bill (S. 160) to provide the District of Co- the arguments on behalf of the con- righting the injustice suffered for now lumbia a voting seat and the State of Utah stitutionality of this proposal are more than two centuries by the resi- an additional seat in the House of Represent- strong and convincing, certainly to me. dents of our Nation’s capital, but also atives. My cosponsor of this legislation, the that we are adding Members to the The ACTING PRESIDENT pro tem- distinguished Senator from Utah, House of Representatives. That does pore. The Senator from Connecticut is ORRIN HATCH, who has, generally not happen too often in our history. recognized. speaking, been acknowledged as a won- One of those seats would go to the Mr. LIEBERMAN. Mr. President, I derful lawyer, a great constitutional District of Columbia, the other as part thank the Chair. I thank the majority scholar, in fact, has written an essay of the compromise would, for the next leader for his statement on this bill, S. for the Harvard Law Journal, making 2 years, until the reapportionment of 160, the DC House Voting Rights Act. I the case for the constitutionality of the House that will follow the 2010 cen- think he got right to the point. This this proposal. I commend that to all of sus, go to Utah. I would say to clarify, measure has been before Congress for our colleagues, particularly those who that after the 2010 census, the District quite a long time. The bill before us is have doubts about the constitu- would retain its seat because of the in- the result of a bipartisan compromise tionality of this measure. justice that we are correcting. But the that was worked out in the House of But I honestly think that most peo- second seat would go to whichever Representatives last year between Del- ple have accepted the injustice ques- State deserves it; that is, according to egate NORTON and then-Congressman tion. The constitutionality, okay, let’s the population found in the 2010 census. Tom Davis. have some amendments. As Senator So let me explain why Utah now. There are questions about the bill. REID said, we have got today, tomor- Utah has had an objection to the out- Obviously, there are different points of row. We are here. Let’s have some come of the 2000 census and the Con- view. I am very grateful that yesterday amendments and put it in issue, give gressional apportionment that followed 62 Members of this body, including 8 the Senate the choice that deals with it. According to the 2000 census, the Republicans, voted to stop a filibuster the constitutionality. Some think State of Utah missed out on getting a to invoke cloture to get to this bill. I there ought to be a constitutional fourth seat in the House of Representa- think people are ready to debate it on amendment to achieve voting represen- tives by 857 people. its merits. tation in the Congress. I do not think This was a very thin margin of error, I feel very strongly that this bill that is necessary. particularly when one considers the rights a historic injustice. It is hard to Some think the District of Columbia, methodology of the count and the way believe, when you stop to think about the residents should, for purposes of it uniquely affected Utah. Remember, it; maybe we become accustomed to representation in Congress, become 857 people short of getting a fourth seat things and forget how unacceptable part of Maryland or Virginia. There is as compared to another State. Accord- they are and how unaccustomed we some historical precedent for that ar- ing to officials of the State of Utah, should be, but 600,000 Americans are de- gument, way back. Let’s debate it. But somewhere between 11,000 and 14,000 prived of having voting representation let’s get it done. This measure has members of the Church of Latter-day in the Congress of the United States strong support and it has the urgency Saints, Mormons, missionaries living because they happen to live, of all of justice delayed about it. abroad but citizens of the United places, in the capital of this greatest So the question before the Senate, as States, residents of Utah, were not democracy in the world. it so often is, are we going to face the counted. It is true, however, that mem- There are a lot of historic reasons for differences here and debate them and bers of the military who are abroad are this originally, but then they became then have a vote so we can conclude counted. political reasons, frankly partisan. But this debate and go back to our States In two separate court cases, the none of them holds any real sway Thursday evening and have a good State of Utah argued that the method- against the ideal that animates our weekend with our constituents at home ology of the count of the census was country. This is a representative de- or are we going to delay this and use flawed because government officials, mocracy. And finally the residents of this as a vehicle for unrelated matters including military personnel, were the District got a delegate in the that will achieve nothing? That, as counted in the census, while other House, but the delegate cannot vote. usual, is the challenge before us. Americans, including the LDS mission- Think of it. If any one of us, the 100 I am here, and I look forward to col- aries, were not. Our colleagues in the of us who are privileged to be Senators leagues coming as soon as possible to House had an insight. It was one of were told for some reason that we speak, and hopefully to offer amend- those moments of compromise. Perhaps could be Senators, we could represent ments, with the goal that Senator REID it seems we are combining apples and our States, we could participate in de- has set—we can finish this goal by to- pears, but—and I will stop the meta- bates, but then when the roll was morrow, Thursday. Senator REID has phor and not go on to a sweet fruit called, we could not vote—it is unbe- made it clear that if he gets the sense salad—the fact is, this made a lot of lievable. This is what we have done to during the day today that there is sense. Our colleagues in the House rec- the 600,000 residents of the District of going to be delay, and there are amend- ognized that in these two sets of com- Columbia and to their Delegate in the ments that are not relevant to the bill, plaints—the historic one for the Dis- House. he is going to file cloture. That will trict and the one for Utah, more cur- This bill would right that wrong. I mean we will have to stay here on Fri- rent—there was a potential solution to would say that few, if any, of our col- day to vote on cloture, and we will not the longstanding impasse on DC voting leagues would argue that somehow the be able to finish this bill presumably rights. status quo is acceptable; that is, that until the first part of next week. I hope Let’s state what is implicit. Over 600,000 people do not have a voting rep- that does not happen. Please come to time, I fear people concluded, notwith- resentative in Congress. the floor and let’s talk about it. standing the justice of the argument We are the only democracy—and, of I do want to, while I have a mo- made by residents of the District that course, we believe we are the greatest ment—I am sure Members are rushing they deserve voting representation, it democracy in the world. Historically, from their offices right now to come to is clear, and we must acknowledge we began the moment of democracy the floor to offer amendments—I do what is clear, the registration of voters

VerDate Nov 24 2008 23:32 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.001 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2435 in the District is overwhelmingly fered in 2000, the closeness of its num- under the precedent of the Senate, sub- Democratic. So in terms of partisan bers and also the fact that Mormon mits the question to the Senate: Is the balance in the House, the feeling, obvi- missionaries, way beyond the 857 gap point of order well taken? ously, was that when the District of between Utah and the State that got Mr. MCCAIN. Mr. President, I under- Columbia gets a voting representative the additional seat, way beyond that stand that now the motion is debat- in the House of Representatives, that number, 11,000 to 14,000. I think this is able. representative will almost always be a very fair compromise that ensures, The ACTING PRESIDENT pro tem- Democratic. Utah tends to be Repub- bottom line, every citizen of the coun- pore. The Senator is correct. lican, though not totally; there is one try is given the most precious right de- Mr. MCCAIN. Mr. President, I have a Member of the House from Utah today mocracy can provide, the right to vote statement on this issue, and I look for- who is a Democrat. for someone who can represent him or ward to debating it and a vote at the There was another judgment in- her with a vote in Congress. When one wishes of the majority and Republican volved, an interesting one which we doesn’t have that, as is the case with leader on this constitutional point of tend not to think of. If we just added the District of Columbia, apart from order. one seat for the District of Columbia, a the frustration I described earlier that Mr. LIEBERMAN. Mr. President, I voting representative, we would end up Delegate NORTON must experience appreciate very much that Senator with 436 Members of the House, an even every time the roll is opened in the MCCAIN came to the floor to raise this number, and no constitutional mecha- House, we have the inequity of resi- point of order. As I said earlier, this is nism for breaking a tie. Obviously, pre- dents of the District volunteering and a matter that concerns people. I feel sumably a motion that resulted in a tie being sent to war. Yet the Delegate of strongly that the measure is constitu- would fail, but it seems an unsatisfac- the District in the House has no vote tional. But this is exactly what we tory resolution to the problem. With- on questions of war or peace. We have should be debating. I look forward to out an odd number of Members of the soldiers returning as veterans, and yet his arguments and to responding to House, gridlock would ensue in too the representative from the District them. many cases. How would the House, for has no vote on the benefits we will con- I thank the Chair. instance, organize itself if the split be- fer or not confer on veterans. The resi- The ACTING PRESIDENT pro tem- tween the political parties was even? dents of the District are not only taxed pore. The Senator from Arizona is rec- Clearly, the Vice President does not without representation, which is, as ognized. serve as a tie-breaking vote for the our Founders asserted, a form of tyr- House, as is the case in the Senate. It Mr. MCCAIN. Mr. President, I thank anny, but they are taxed very heavily. the chairman of the Homeland Secu- could be impossible to elect a Speaker They pay the second highest rate of or appoint committee chairs. So the so- rity Committee, through whose com- Federal taxation per capita. Yet they mittee this legislation is proceeding. lution devised by our colleagues in the have no voting representation in Con- House in the last session of Congress I appreciate the frustration felt by gress on the rate of taxation, the man- the residents of the District of Colum- increased the size of the House by two ner of taxation or, of course, where the Members to 437, which pairs a new seat bia at the absence of a vote in Con- revenue goes. gress. I fully understand and appreciate for the District of Columbia with a new They are the only governmental enti- that. I also believe it is important that seat for Utah. That simultaneously ty, outside of a Federal agency, that we look back at both the Constitution gives the District the representation it has to have its budget approved by the itself and the intention of our Found- deserves, keeps the House as an uneven Congress. When we are tied up in grid- ing Fathers, which was to create the number of seats, and balances a likely lock and the budget doesn’t pass, it District of Columbia as a base of Gov- Democratic seat from the District with means the District of Columbia is in a ernment. a likely Republican seat from Utah. terrible predicament because it can’t According to many experts, the Dis- This is the balance that resulted in get the money it needs to operate. Yet trict of Columbia is not a State, so the legislation that is before us. It is a the District has no voting representa- therefore is not entitled to that rep- compromise but, as in so many cases— tion on matters of appropriations in resentation. Also, one has to raise the and it is a pragmatic compromise—it Congress. This is the moment to end obvious question: If the District of Co- results in a good solution, frankly, to this antiquity, a profoundly unjust lumbia is entitled to a Representative two problems, one longstanding for the and, frankly, un-America antiquity. District, the other more current and I urge colleagues to come to the in the U.S. House of Representatives, brief for Utah. Chamber. Let’s have some amendments then why isn’t it also entitled to two In submitting this legislation from and debate, and let’s get this done by Senators? If the District of Columbia is the committee, we are not judging the tomorrow afternoon. entitled to a Member of Congress, why manner in which the 2000 census was I yield the floor and suggest the ab- isn’t Puerto Rico, which would prob- conducted or the outcome of legal dis- sence of a quorum. ably entail 9 or 10 Members of Con- putes that followed. That is a matter of The ACTING PRESIDENT pro tem- gress? Why are other territories of the record. However, it is a statistical fact pore. The clerk will call the roll. United States not entitled to full- that Utah was the next State in line to The assistant legislative clerk pro- fledged Members of the U.S. House of receive an additional seat in the House ceeded to call the roll. Representatives and, indeed, the U.S. of Representatives. Given that fact, it Mr. MCCAIN. Mr. President, I ask Senate? is a reasonable bipartisan compromise unanimous consent that the order for After great deliberation and debate, to create the two voting seats proposed the quorum call be rescinded. our Founding Fathers enshrined in the in S. 160. I stress, again, that Utah only The ACTING PRESIDENT pro tem- Constitution, 222 years ago, a unique receives this seat under this bill for 2 pore. Without objection, it is so or- form of government that proposes a years. The bill has no impact on the dered. distribution of power and checks and conduct of the next census in 2010 and Mr. MCCAIN. Mr. President, in con- balances on each branch. So, too, the subsequent reapportionment. Once re- sultation with the managers, the Sen- Founding Fathers considered and pro- apportionment is conducted for the ator from Connecticut and the Senator vided for a unique Federal city to serve 2012 election, the Utah seat will be from Arizona, I make a constitutional as our Nation’s seat of government. No awarded based on population increases point of order against this bill on the single Member would represent the in- to the State that thereby has earned it. grounds that it violates article I, sec- terest of the District but all Members It could be Utah. It could be another tion 2, of the Constitution, and I ask of Congress would share responsibility State. If Utah’s 2010 population does for the yeas and nays. for the city’s well-being. I believe that not entitle the State to a fourth con- The ACTING PRESIDENT pro tem- when you look at distribution of tax gressional seat, it will not retain the pore. Under the precedent and prac- revenues and when you look at other seat it will receive under this bill. tices of the Senate, the Chair has no measurements, the District of Colum- The bill offers an opportunity to power or authority to pass on such a bia has been well represented by all right the wrong Utah believes it suf- point of order. The Chair, therefore, Members of Congress.

VerDate Nov 24 2008 23:32 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.003 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2436 CONGRESSIONAL RECORD — SENATE February 25, 2009 The Framers specifically limited vot- because of the way the census was con- In 2004, lawmakers began floating an ing representation in the House of Rep- ducted—and now we are going to give a idea of a compromise bill to balance a resentatives to States. Article I, sec- seat to the State of Utah on the House seat for the District of Colum- tion 2, of the Constitution provides un- grounds that the census was not accu- bia, which obviously we assume would equivocally: rate. I don’t know of any fast-growing be won by a Democrat, with a seat for The House of Representatives shall be com- State in America that doesn’t believe a congressional district in Utah, which posed of Members chosen every second year we were undercounted—and legiti- most assume would be won by a Repub- by the People of the several States. mately—in the census. lican. The May 3, 2005, editorial in the If they had wanted the District of Co- Now, as I understand it—and maybe Washington Post called this a ‘‘win-win lumbia to have the representation, the proponents of an additional seat for situation.’’ While this may be a win- they would have designated so in the Utah can more eloquently and convinc- win situation for Washington, DC, and Constitution. Asked to opine on the ingly describe it than I can—they are Utah, it is hardly a win for the millions meaning of the word ‘‘States’’ in the saying it is because they came closest of Americans who are living in high- context of House representation, Fed- in the census to being eligible for an- growth States. eral courts have consistently accorded other seat in the Congress. The State In fact, according to a report by the that word its plain meaning, con- of Nevada is the fastest growing State Congressional Research Service, if the cluding that the word ‘‘States’’ does in America. Arizona has been among District was considered to be a State not include territories or possessions those that are fast growing. But why during the last apportionment, North or even the District of Columbia. Utah? What in the world does an addi- Carolina would not have gained a seat. Again, I express my sympathy for the tional seat for Utah have to do with According to a study by the Republican residents of the District of Columbia. representation for the District of Co- policy committee, if this bill is enacted But to now act in direct contravention lumbia? It can only be interpreted in and the House of Representatives is ex- to the intent and words of our Found- one way, and that is an attempt to buy panded to 437 seats, then New Jersey ing Fathers, I believe, is a violation of votes. We are talking about the Con- would keep a congressional seat it the Constitution of the United States. stitution of the United States here, would otherwise lose. Again, this illus- And to somehow work a deal that in- about representation in the Congress of trates there are winners and losers in cludes the State of Utah having an ad- the United States of America, not some an apportionment, but these districts ditional seat in return for that is an in- political deal. should be chosen based on concrete I have sympathy for the State of credible violation. I will talk more data from the census, not by political Utah if they think they were under- about that. parties attempting to craft legislation First, I wish to say that it is very counted in the census. I have sympathy that flies in the face of our Founding clear the Congress simply cannot for all States that were undercounted Fathers’ intentions. amend the Constitution by legisla- in the census. What some supporters of In a February 6, 2009, editorial, the tion—no matter how noble the cause. the bill argue is that Utah is the next Los Angeles Times states: Congress has once before pursued an State in line to receive a House seat This is obviously partisan horse-trading. after the last census in 2000 and re- appropriate constitutional resolution The Los Angeles Times is right. Yes, apportionment. Nevada was the fastest to this issue. In 1978, Congress passed a partisan horse trading happens all the growing State from 1986 to 2004, until joint resolution proposing to amend time, but this time partisan horse trad- Arizona overtook Nevada as the fastest the Constitution to provide for the rep- ing would do grave violence to our Con- growing State in 2006, according to the resentation for the District of Colum- stitution. U.S. Census Bureau. Nevada, once bia in Congress. Seven years later, that A commentator wrote in the Feb- again, regained this title for its high resolution failed to obtain the required ruary 13, 2009, edition of the Wash- growth between 2006 and 2007. For the approval of the 38 States necessary for ington Times: first time in over 25 years, Utah was ratification under article V of the Con- . . . the enactment of blatantly unconstitu- listed this year as the fastest growing tional legislation to bypass the constitu- stitution. There is no reason pro- State, as its population climbed 2.5 per- ponents of voting rights for the Dis- tional amendment process and give the Dis- cent, with Arizona being second, with a trict of Columbia a seat in the House of Rep- trict can’t pursue this process again. population growth of 2.3 percent. De- resentatives in a crass triumph of raw polit- There is a process for amending the spite this percentage growth, Texas, ical power over the rule of law. Constitution of the United States. California, North Carolina, and Georgia I couldn’t agree more. There is no reason why those residents added more people than Utah, Nevada, Again, I regret I am unable to sup- of the District of Columbia, and other or Arizona between 2007 and 2008. Mr. port this legislation to provide the supporters, should not pursue the le- President, we are getting on a slippery residents of the District voting rep- gitimate process of amending the Con- slope here. Do you judge it by percent- resentation in the House of Represent- stitution of the United States. It age of growth, numbers of votes? atives. However, I took a solemn oath should not be done and, in my view, It brings us back to a final question: to defend our Constitution as a U.S. cannot be done. The courts will decide, What in the world would awarding an Senator. In testifying before the Home- if we don’t decide here, that it is un- additional seat to another State have land Security and Governmental Af- constitutional to do so. I welcome such to do with voting rights for the Dis- fairs Committee in 2007, Professor Jon- a process, rather than the consider- trict of Columbia? athan Turley described this horse trad- ation of this bill, which is clearly un- I have provided those statistics to il- ing as ‘‘the most premeditated uncon- constitutional—not only in my judg- lustrate there are other States that stitutional act by Congress in dec- ment but in the overwhelming body of have experienced far more phenomenal ades.’’ legal opinion. growth than Utah. I love Utah. It is a We, as Senators, cannot avoid the In addition to being unconstitu- wonderful State. But the wheels were constitutional issue. While the Su- tional, as I said, I am concerned that greased for Utah to receive an addi- preme Court may be the final arbiter of this bill is more a product of politics tional seat well before it was listed as constitutionality, Congress, as the first than of principle. Look at what this the fastest growing State this year. branch of Government, has an inde- legislation before us does. It doesn’t And if the State of Utah or any other pendent duty to consider the constitu- simply grant the District of Columbia State was undercounted, that should be tionality of the bills we pass, espe- a voting seat in the House; it adds an- taken into consideration; we should fix cially where, as here, our own inde- other congressional seat for the State the census in the year 2010 and make pendent Congressional Research Serv- of Utah. The obvious question is, Why sure any injustice is corrected. But to ice advises that ‘‘although not beyond Utah? Why not Arizona or Nevada or somehow say we are going to award a question, it would appear likely that New Jersey? As a representative of the State an additional seat not in keeping the Congress does not have authority people of the State of Arizona, who, I with the process of how reapportion- to grant voting representation in the believe, legitimately and continuously, ment is conducted every 10 years is re- House of Representatives to the Dis- as one of the fastest growing States, markable and certainly unconstitu- trict of Columbia’’ as contemplated by have been deprived of additional seats tional. this bill.

VerDate Nov 24 2008 23:32 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.004 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2437 We really have two aspects of this I conclude by saying this is a serious As I understand it—and I think I do— legislation. First of all, does Congress issue. It is a serious issue. It has been what the Senator from Arizona and have the constitutional authority to clouded by the understandable concern other opponents of the constitu- grant voting rights or an additional that Members of Congress have for the tionality of this bill say is that the seat in the House of Representatives by people who reside in the District of Co- question of the District of Columbia’s legislation rather than amending the lumbia. We see their license plates voting rights in the House should be Constitution of the United States? every day: ‘‘Taxation without Rep- settled by section 2 of article I of our As I pointed out earlier in my state- resentation.’’ But the way to give them Constitution, which says the House ment, the fact is, it was tried in 1978 in those voting rights is through amend- shall be made up of Members chosen the proper fashion and did not receive ing the Constitution of the United ‘‘by the People of the several States.’’ the approval of the 38 States necessary States, not a legislative act that clear- And they argue that because the Dis- to amend the Constitution. So now we ly is not within the constitutional au- trict of Columbia is not a State, its are trying to basically amend the Con- thority granted by our Founding Fa- residents cannot have representation stitution of the United States by legis- thers to the Congress of the United in the House, presumably at least not lation. That is not in keeping with the States. without a constitutional amendment. authority and responsibility of the I look forward to a spirited debate on Those of us who feel strongly that Congress of the United States of Amer- this issue. I think it is an important this measure before the Senate is con- ica. one. If this DC voting rights bill does stitutional base our claim on the Dis- The second is, of course, what in the pass and this constitutional point of trict clause of the Constitution which world does granting voting rights to order is rejected by a majority of the states that the Congress has the power the District of Columbia have to do Senate, I have very little doubt that ‘‘To exercise exclusive Legislation in with granting another seat to another the courts of the United States of all Cases whatsoever, over such Dis- State? One can only interpret that, as America will reject this proposal. trict,’’ referring, of course, to the Fed- one of the editorials did, as political Again, I appreciate and admire and eral District that was created at the horse trading. There is no constitu- respect the manager of this bill, the time of the Constitution as the Na- tional basis for granting a seat to any distinguished chairman of the Home- tional Capital. State in the United States of America land Security Committee, and the sen- Our courts have described in the cen- without it being backed up, as laid out ior ranking member, the Senator from turies since this authority in the Dis- by our Founding Fathers, by the re- Maine. But I think there is a huge trict clause as a ‘‘unique and sovereign sults of a census. credibility problem when you add on a power’’ and ‘‘sweeping and inclusive in I will agree, as I have said before, provision for adding a seat to a State its character.’’ Unlike many congres- coming from a State that has been con- for which there is not any factual or, sional powers, it is not balanced sistently undercounted in our popu- frankly, rational argument for except against the countervailing rights of the lation, the census needs to be fixed to that perhaps this measure will gain States. more accurately reflect the true popu- more support. As former, I believe he was Associate lation of every State in America, and I urge my colleagues to take a very Attorney General, maybe Deputy At- that has not happened with the fastest close look at what we are doing. The torney General during the previous ad- growing States. But to grant a seat to most sacred obligation we have is to ministration, the Bush administration, a State because they were ‘‘fastest respect and preserve the Constitution Viet Dinh, stated in his testimony be- growing’’ and maybe closest to the re- of the United States of America in ev- fore the House of Representatives on quirement for an additional seat turns erything we do. I have very little doubt this matter: everything on its head. this legislation before us violates the [W]hen Congress acts pursuant to the Dis- What kind of a precedent would we be Constitution of the United States of trict Clause, it acts as a legislature of na- setting by legislation allowing a State America. tional character, exercising ‘‘complete legis- to have another seat in the U.S. House I yield the floor. lative control as contrasted with the limited of Representatives, with thousands of The PRESIDING OFFICER (Mr. BEN- power of a state legislature, on the one hand, votes that would be taken? NET). The Senator from Connecticut. and as contrasted with the limited sov- I also would like to mention, again, if Mr. LIEBERMAN. Mr. President, I ereignty which Congress exercises within the the District of Columbia deserves a thank my friend from Arizona for his boundaries of the states, on the other.’’ voting representative in the U.S. House kind words and also for the serious That is a very interesting argument of Representatives, doesn’t the District constitutional questions he raised. about the unique powers of Congress of Columbia also deserve two U.S. Sen- As I said earlier, this is exactly what pursuant to this District clause. ators? How intellectually do you make we ought to be debating on this bill. I Then Mr. Viet Dinh concludes in sup- the argument they deserve a vote in take it as a given that neither he nor port of this legislation and the con- the other body, a coequal body—al- anyone else I heard speak in this stitutionality of this legislation: though we certainly do not recognize Chamber would say that it is fair or In few, if any, other areas does the Con- that very often. But the fact is, it is a just or consistent with the first prin- stitution grant any broader authority for coequal body. They are going to have a ciples of our representative democracy, Congress to legislate. vote over there, but they are not going this great Republic of ours, that 600,000 That is what we are doing here. to have representation over here. Americans be denied the fundamental Those who question the constitu- Finally, I would like to point out right to be represented in Congress by tionality of the legislation, as I men- that we have territories in which citi- somebody who can actually vote. Pret- tioned, rely on section 2 of article I. zens of the United States reside. Those ty much everybody will agree that is They rely uniquely and almost totally who were born in those territories, ac- wrong, all the more unacceptable be- on the word ‘‘States,’’ that the Mem- cording to a U.S. Supreme Court deci- cause these 600,000 people happen to bers of the House shall be chosen by sion, are citizens of the United States. live in the Capital of this great democ- ‘‘the People of the several States.’’ So In fact, they are even eligible to run racy of ours. they say the District of Columbia is for President of the United States if The question is, in one sense, the not a State; therefore, without amend- they are born in a U.S. territory. constitutionality of S. 160, the House ing the Constitution, we, in Congress, What about Puerto Rico? What about District Voting Rights Act that is be- even under the powerful District the Virgin Islands? What about the fore us, and in a second sense, which clause, do not have the power to grant Marianas? What about other territories the Senator from Arizona has raised, voting rights in Congress to the Rep- that are part of the United States of the wisdom, if you will, of combining resentative of the District of Columbia. America and in which our citizens also the voting rights for residents of the But there is a very clear and power- reside who then vote for Representa- District with an extra seat, in the ful line of Supreme Court cases in tives in the other body, but those Rep- short run, for the State of Utah. I wish which the High Court and other courts resentatives obviously do not have vot- to take some time to respond to these have upheld Congress’s right to treat ing power? serious arguments. the District of Columbia as a State and

VerDate Nov 24 2008 23:32 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.008 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2438 CONGRESSIONAL RECORD — SENATE February 25, 2009 to treat it as a State for matters that Given that the District is in reality what I to argue that it would be unconstitu- are extremely consequential: for Fed- might call a City-State of 600,000 people— tional to grant DC citizens voting eral taxation; in other words, the right Where the population, as I indicated rights in the House. That is not the to tax residents of the States might in my opening statement yesterday case, in my opinion. In Adams, the DC free the residents of the District from morning, is just about equal to or Government and residents brought a this obligation. greater than four States— case alleging it was a denial of their Yet the courts have said the District engaged in a multitude of private businesses constitutional rights to exclude them itself can be treated as a State for pur- and occupations, there is realistically no from representation in Congress. The poses of Federal taxation, for purposes other way that a federalist union can do majority opinion of the three-judge of Federal court jurisdiction. This was business under the Constitution. court stated, ‘‘We are not blind to the the question of diversity of jurisdic- It is also true that Congress has al- inequity of the situation plaintiffs seek tion. I don’t have to go into the details. ready extended the right of Federal to change,’’ but concluded that the The courts have said it would be an representation, voting representation court itself could not grant the Dis- anomaly to say because you happen to in Congress, to those who are not citi- trict residents voting rights in Con- be an American living in the District, zens of any State. I know this is an un- gress as a matter of constitutional you cannot gain access to the Federal usual statement and an exception, but right. But the court did not address courts because the Constitution says there is the Uniformed and Overseas whether Congress was empowered to the various States with regard to di- Citizens Voting Act. And in that, Con- provide voting rights through exercise versity and jurisdiction. The same with gress authorized American citizens of the District clause. the right to a jury trial and, very pow- overseas to continue to vote for Mem- As former Solicitor General and Fed- erfully, the same with regard to inter- bers of Congress in their last domestic eral Circuit Court Judge Kenneth Starr state commerce. There it is interstate State of residence, regardless of wheth- testified before the House in 2004 on commerce. We have the interstate er they had been citizens of that State legislation similar to the one before us commerce clause of the Constitution and no matter how long they stay over- now, S. 160: which has given birth to probably seas. Indeed, as I mentioned yesterday, thousands of pieces of legislation, a While the Constitution may not affirma- these people would lose this unusual tively grant the District’s residents the right very active role of oversight for the right to voting representation here in Government. And even though it is the to vote in congressional elections, the Con- Congress, in States they no longer re- stitution does affirmatively grant Congress interstate commerce clause, the courts side in—and they may not have been plenary power to govern the District’s af- have said very clearly that the District there in quite a while—by absentee bal- fairs. should be considered a State, notwith- lot from elsewhere in the world, only if In fact, the majority opinion in standing the literal words in the Con- they renounced their American citizen- Adams arguably invited such an ap- stitution. Because effectively, if you ship or they returned to the United proach by stating that for plaintiffs to don’t, you will create an enclave where States and came to live in the District obtain Federal representation, ‘‘they people can’t be taxed, people can’t gain of Columbia. Now, that is an anoma- must plead their cause in other access to the Federal courts, people lous and unacceptable result. Citizens venues.’’ And presumably that meant don’t have a right to a jury trial, and of Federal enclaves within a State are the Congress. people can’t be protected by genera- also free to vote in Federal elections Another concern raised by opponents tions of legislation and regulation held by the State—a right upheld by passed pursuant to the interstate com- of the bill is that it is a slippery slope, the Supreme Court. as the Senator from Arizona said. If merce clause. Notably, Congress has already used For instance, as long ago as 1805, in Congress has the authority to grant this vast authority that I have referred the District a voting representative in the case of Hepburn v. Ellzey, Justice to under the District clause to extend Marshall—the great Justice Marshall— the House, what is to stop it from add- voting rights to residents of the Dis- ing two Senators or extending full vot- ruled that the District of Columbia trict of Columbia. Between 1789 and could not be considered a State for pur- ing rights to the U.S. territories? I re- 1800, Congress, acting under the Dis- spectfully suggest that these concerns poses of diversity jurisdiction under trict clause, granted residents of the the Constitution, which allows Federal are unfounded. The legislation before new District—the Nation’s capital—the us only addresses DC voting rights in courts to hear disputes between resi- right to vote in their former States of dents of different States. His opinion, the House, and the legal case for this Maryland and Virginia, even though action and its validity is unique. nonetheless, remarked on the incon- they were actually no longer residents First, with respect to the Senate, gruity of such a result, and Justice of those States—the land having been this bill could not be clearer. In Sec- Marshall invited Congress to find a so- formally ceded to the Federal Govern- tion 2(a)(2) it states: lution. Many years later—unfortu- ment to form the new capital district. nately, many years later—Congress did Let me now address a few of the The District of Columbia shall not be con- so, and in 1949 the Supreme Court, in other arguments that have been raised sidered a State for purposes of representa- tion in the United States Senate. the Tidewater case, upheld a congres- by Members, constitutional arguments sional statute that said the District that have been raised by those who op- But our colleagues have argued: should be treated as a State for pur- pose the bill on constitutional grounds. Could some future Congress, using the poses of diversity jurisdiction. It has been argued that because the arguments used on behalf of this bill, Citing such cases, former Federal constitutional amendment XXIII was pass similar legislation to give DC full Circuit Court Judge Patricia Wald has required to grant the District Presi- voting rights in the Senate? To me, testified—and again she testified on be- dential electors in the electoral col- that is a very debatable argument at half of this legislation and its constitu- lege, likewise a constitutional amend- best. Even some of the legal experts tionality: ment should be required to provide the who support this bill believe a different The rationale of the courts in all these and much more difficult analysis would cases has been that Congress, under the Dis- District with voting representation in trict Clause, has the power to impose on Dis- the House. But these two issues are dis- apply to a bill regarding Senate rep- trict residents similar obligations and to tinct. The XXIII amendment worked a resentation because of the distinct lan- grant similar rights as the States claim fundamental change to the electoral guage and history of the constitutional power to do under the Constitution itself. college under Article II of the Con- provisions governing composition of So Congress is saying because the stitution. As such, Congress could not the Senate and the greater emphasis on States get certain powers from the legislate with the same latitude it has the States as such. Constitution, if we don’t treat the Dis- within Article I, where the District The territories are also a distinct and trict as a State, its residents will be clause is found along with the clause different case. Different constitutional deprived of protections, or the Federal governing composition of the U.S. provisions provide for the creation of Government will be deprived of the House. the District and the Federal terri- right to tax them, for instance. And Some opponents of our proposal also tories. The District enjoys a unique Judge Wald continued: cite the 1990 case of Adams v. Clinton legal and historical status, and one

VerDate Nov 24 2008 23:32 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.009 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2439 that largely mirrors the rights and re- kind of apples and oranges—two prob- tion, in a way quite similar to what we sponsibilities of the States. Its resi- lems, let’s bring them together and have done here on this, it was provided dents pay full taxes and face military have a bipartisan result, because the that there be an expedited appeal. That conscription. The same is not true of new Member of the House from Utah is was a way of saying, even if you believe the residents of the territories. Amend- likely to be a member of the Repub- this legislation may be unconstitu- ment XXIII extended the right to vote lican Party. If we only added the one tional, we are a legislative body, we do in Presidential elections to residents of seat for the District, the House would not know, really. I believe this legisla- the District but not to residents of the have an even number of Members. One tion is constitutional, but ultimately— American territories. can imagine the gridlock that you I feel that very strongly, I said that it As legal expert Richard Bress con- would not want to see in the House. is, but the ultimate arbiter of that, of cluded in testimony on our legislation You could have an equal number of course, is the courts. last session: Members of both parties and a failure So I urge my colleagues who have Taken together, these differences between to organize, failure to be able to select constitutional questions about this leg- the territories and the District render highly a Speaker, or a failure to be able to or- islation but really want to stop the in- unlikely the suggestion that granting voting ganize committees. On a tie vote, there equity imposed on the residents of the rights to District residents would lead, as a is no one in the House to exercise tie- District, that they do not have voting legal or policy matter, to granting similar representation here, to vote for this privileges to residents of the U.S. territories. breaking authority, similar to the Vice measure because it contains with it an Finally, in his comments, Senator President here in the Senate. So legis- lation could fail as a result of a tie expedited appeal which will occur on MCCAIN questioned: How do we put to- the constitutionality of the legislation. gether voting rights for the District of vote, and that is not a good result ei- ther. There was that institutional ben- With that, I yield the floor. Columbia with an extra seat for Utah; The PRESIDING OFFICER. The Sen- isn’t this just a pragmatic political efit that if you are going to add one, you really should add two to bring the ator from Arizona. agreement? Well, in some sense it is. Mr. KYL. Mr. President, I appreciate total back to an uneven number and But in another sense, like so many the comments of the Senator from Con- avoid the problems we have talked pragmatic agreements around here— necticut—in particular, his comments about. and this is one of the best of them be- at the conclusion of his remarks about cause it is bipartisan—it achieves a I do want to make clear that this kind of equitable grant of an additional the appropriateness of an expedited ap- just result: Finally, after all these peal. We are both very certain of our seat to Utah, based on what happened years in which this outrageous anom- constitutional judgment on this. We after the last census, is only for 2 aly has been allowed to exist, District are both lawyers. We each come to a years. Obviously, if we give the Dis- residents will get voting representation totally different conclusion about what trict voting rights, it will go on for- in the House, and it also corrects what is constitutional or not. Fortunately, ever, but it is only for 2 years because I think was an injustice done to the we have the courts to resolve the another census is coming in 2010 and State of Utah in the last census—and issues. As with previous legislation, we there will be a reapportionment fol- which is one that I referred to earlier— had the good sense to include an expe- lowing that census. If Utah is next in when it came just 857 votes short of an- dited appeal to the courts so that the line for that extra seat based on popu- other seat, but the census did not issue can be resolved one way or the count what was estimated—or proven lation, of course Utah will hold that other. I would note there is one thing in the court case—between 11,000 and extra seat. But if there is another that is needed to effectuate this—to be 14,000 Mormon missionaries who were State that, based on population, has a sure that, as it was in the McCain- clearly residents of Utah but were else- greater claim for that extra seat, then Feingold legislation, an appeal can be where in the world on their years of they will get it as well. facilitated by ensuring pro bono coun- I am happy to acknowledge that the missionary service. sel can represent plaintiff in the case. The truth is that for too long now bill before us is the result of a political Let me also reference a fact that my partisan concerns have stopped Mem- compromise, a bipartisan compromise colleague from Arizona is usually bers of Congress from doing what they in the House, but I am not embarrassed quick to point out. He likes to say he knew was right, which is to give resi- by it. I do not think it taints the result is unburdened by a law degree. That dents of the District voting rights. And because the result is so profoundly just certainly can be a burden for those of the partisan concerns are understand- in the case of the District, and I believe us who have the degree, but what he able, even if they should not have also just in the case of Utah, and it has argued illustrates not only the sen- blocked the result. It is a matter of only lasts for this one time. sibility of our Constitution but also his fact that the residents of the District I have tried to argue here, No. 1, on extensive knowledge of it. I always ap- are overwhelmingly registered as mem- the constitutionality of this measure preciate his point of view on these bers of the Democratic party. So in the under the District clause; No. 2, that, issues because of his wide-reaching ex- normal course, it would be extremely yes, this is a bipartisan political agree- perience which helps us understand the likely that any Member of the House ment, but it is done for good reasons, reasons for the constitutional provi- from the District would be voting and and that does not taint it at all; and sion. I support the constitutional point organizing with the Democrats. And I No. 3, I would say that in the bill be- of order he has raised because I do suppose if the shoe were on the other fore us there is provision for an expe- deeply believe the action the Senate is foot and this was a largely Republican dited appeal to the courts on the con- being asked to take here is unconstitu- voting population, to be fair about it, stitutionality. We know there are con- tional. Democrats would probably have a simi- stitutional differences that have been The creation of a House seat for the lar feeling. argued by the Senator from Arizona District by legislation rather than con- Last session, acknowledging the in- and myself this morning. We assume stitutional amendment is what is be- equity of the District’s case and the they will be tested in court. In the in- fore us here, and we believe that only understandable if ultimately unaccept- terests of efficient functioning of our by constitutional amendment can the able partisan concerns, two of our col- Government, we provide in this meas- additional representation be appro- leagues in the House—Delegate ELEA- ure for an expedited appeal. priately granted. NOR HOLMES NORTON of the District and This is not the first time this would I would like to respond briefly to the Tom Davis former Republican Con- happen. The most significant case I re- comments of my colleague from Con- gressman from Virginia—tried to work member, and I am sure it is one of necticut. They are all well stated. They this out. Acknowledging the inequity many, is the landmark campaign fi- are the arguments in opposition to the that I referred to which Utah felt it nance reform legislation that bears the proposition. I referred to a couple of suffered, and actually went to court on name of my friend from Arizona and them yesterday, but let me refresh in the last census, a decision was made our friend from Wisconsin, the McCain- those and then discuss one other mat- to put these two together. Feingold legislation. Some argued vo- ter. There was also an institutional ne- ciferously on the floor that it was un- The primary argument of the pro- cessity, if I can add to this. It wasn’t a constitutional. So within the legisla- ponents of the bill is to rely on the so-

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What Framers had the opportunity to pro- Columbia, does not contain an equal protec- the court noted in that case was that vide the District with a Representative tion clause, as does the Fourteenth Amend- the District clause does indeed allow in the House but, of course, declined to ment, which applies only to the states. Congress to legislate within the Dis- do so. So the Court obviously had a di- trict for ‘‘every proper purpose of gov- The text of the Constitution on this lemma. It went on to reach the same ernment’’ and gives Congress ‘‘full and matter is clear. It says Congress shall result as in Brown v. Board of Edu- unlimited jurisdiction to provide for be composed of Representatives from cation and strike down racial segrega- the general welfare of citizens within States and States alone. Here is the tion, but on different grounds. It was the District of Columbia by any and exact wording: careful to emphasize that the law that every act of legislation which it may The House of Representatives shall be com- applies to the District is different be- deem conducive to that end,’’ subject, posed of members chosen every second year cause the District is not a State. of course, to the negative prohibitions by the people of the several states, and the Other courts have also emphasized of the Constitution. electors in each state shall have the quali- that the District is not a State. But proponents argue that because fications requisite for electors of the most My colleague mentioned Adams v. the District clause allows Congress to numerous branch of the state legislature. No person shall be a Representative who Clinton. DC residents there argued that do things in the District of Columbia shall not have attained to the age of twenty they had a constitutional right to elect that States themselves cannot do, then five years . . . and who shall not . . . be an a Representative to Congress but the it must also follow that Congress, with inhabitant of that state in which he shall be three-judge district court, examining regard—that it must also allow Con- chosen. the text and the history, determined gress to do things with regard to the And finally: that the District is not a State under District that only States can do. For [E]ach state shall have at least one Rep- article I, section 1, and therefore the example, article I, section 10, of the resentative. When vacancies happen in the plaintiffs did not have a judicially cog- Constitution bars States from doing Representation from any state, the executive nizable right to congressional represen- things such as coining money, entering authority thereof shall issue writs of elec- tation. into treaties, and keeping troops. But tion to fill such vacancies. In another case from the DC Circuit none of these restrictions apply to Con- So any act by Congress purporting to Court, Michel v. Anderson, the court gress in the exercise of its power to grant a seat in the House of Represent- affirmed the constitutional principle govern the District. atives would contradict this plain text that Congress cannot grant voting Proponents of this bill argue that it and would be unconstitutional. rights to citizens of the District. The follows from this sweeping power that My colleague from Connecticut also court considered congressional rule Congress may also grant District resi- noted that we have, for Americans re- changes that will allow Delegates from dents the rights of citizenship in a siding abroad, enabled them to vote. the District and U.S. territories the State, including the right to congres- But, of course, it is tied to their last right to vote in committees and even sional representation. But this argu- domestic residence to a State. It is the the committee of the whole in the ment does not follow. Congress has State to which these votes go. So, even House. Some Members of Congress some powers in the District that are in those situations where there has sued, claiming these rules went too far. broader than the powers of a State, but been a need to accommodate the fact Although the District of Columbia Cir- this does not mean that every power of that Americans are not all residing at cuit Court upheld the new rules, it a State must also extend to the Dis- that moment in a State, we have tied noted that the rules passed constitu- trict. States and the District of Colum- their vote to the State from which tional muster only because they did bia are different under the Constitu- they have come. not give the essential qualities of rep- tion, and each has some rights and I mentioned one case, but I would resentation to the Delegates; namely, powers that the other lacks. also like to briefly discuss some other according to the court, it was accept- I note in this regard that the Senator cases because judicial precedent has able to allow the Delegates to partici- from Connecticut quoted from an opin- accumulated over the years and strong- pate in deliberations and secondary ion of Justice Marshall in a very early ly supports the point my colleague votes—for example, in committees and case in which Justice Marshall saw a from Arizona makes with regard to the the committee of the whole—as long as problem with the commerce clause constitutionality of this legislation. their votes would not be decisive in the and, because of his view that the Dis- In Bolling v. Sharpe, the companion final vote on final passage of the bill. trict of Columbia was not equivalent to case to Brown v. Board of Education, There was a reason for that. The bot- a State, invited Congress to solve the the U.S. Supreme Court expressly rec- tom line: The District has a voting problem, which, many years later, as ognized that when it came to the appli- Representative in the House to the full the Senator noted, Congress did do. cation of the fundamental constitu- extent that it can be granted by the But, of course, what this case stands tional principles, the District could not Congress short of a constitutional for is the proposition that Justice Mar- be considered to be the same thing as a amendment. At that point, for full rep- shall, who was there at the time and State. The Bolling petitioners had resentation there would need to be a well understood the intent of the challenged the constitutionality of ra- constitutional amendment. Framers, appreciated that he could not cial segregation in the DC public In a similar vein, in United States v. do it from the bench. He could not say schools. The Court held that such seg- Cohen, then-Judge Scalia explained, that the District was the same as a regation was unconstitutional in the again in a DC Circuit Court decision, State and therefore he had the ability District, but the Bolling Court was that the District clause ‘‘enables Con- to fix the problem. That had to be done very careful to make clear that the gress to do many things in the District in another way. District was not equivalent to the of Columbia which it has no authority There is a big difference between States and not subject to the same to do in the 50 States.’’ But Judge those kinds of problems dealing with legal strictures. Scalia went on to emphasize ‘‘[t]hat adversity jurisdiction or the commerce Brown v. Board of Education was there has never been any rule law that clause, and so on, and the fundamental based on the 14th amendment, which Congress must treat people in the Dis- status as a political entity, which by its own terms applied only to the trict of Columbia exactly as people are would change the representation of the States. Because the District is not a treated in the various States.’’ House of Representatives. Moreover, it State, the Bolling Court reasoned dif- Finally, in Banner v. United States, would make no sense, in the same doc- ferent rules had to apply to this case. the DC Circuit, in a panel that included ument where the Framers specifically Here is how the Court explained it: now-Chief Justice Roberts, rejected a composed the House of Members of the We have this day held that the Equal Pro- constitutional challenge to congres- several States and then specifically tection Clause of the Fourteenth Amend- sional legislation that prevents the DC

VerDate Nov 24 2008 23:32 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.011 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2441 government from imposing a ‘‘com- State and is not entitled to be rep- Mr. WHITEHOUSE. Mr. President, I muter tax’’ on people who work in the resented in the National Government ask unanimous consent that at the District but reside in Virginia or Mary- in the same way. conclusion of the remarks of the distin- land. The Court stated that Congress So where does that leave us? What is guished Chairman I be recognized. had broad authority to legislate under next were we to pass this constitu- The PRESIDING OFFICER. Without the District clause but also noted: tional amendment? There has been an objection, it is so ordered. None of this is to say that Congress can argument made, I think, that the pro- Mr. LEAHY. Mr. President, the Sen- legislate for the District without regard to ponents of this legislation would per- ate now considers a bill to provide vot- other constitutional constraints. haps try, for example, to extend this to ing rights to citizens of the Nation’s And of particular relevance to the representation in the Senate as well. Capital city. I am proud to cosponsor present debate, the DC Circuit panel My colleague from Connecticut has the District of Columbia House Voting stated: said: No, there are totally different his- Rights Act of 2009. This important leg- [T]he Constitution denies District resi- torical reasons that would not be so. I islation would end over 200 years of un- dents voting representation in Congress. accept that there are, in fact, histor- fair treatment to nearly 600,000 Ameri- These cases are all clear, and they all ical reasons that would preclude us cans living in the District of Columbia, reach either the same result or are all from doing that. But I would also sug- a population roughly equal to the size based upon the same reasoning. The gest the very reasons which caused of Vermont, and give them a vote in final constitutional argument was also Congress, the political reasons which the House of Representatives. Earlier addressed by the Senator from Con- caused some in Congress to change this week, the Senate finally broke necticut. This has to do with the 23rd from the previous position—which has through the Republican filibuster of amendment. Let me discuss that. also been a constitutional amendment this legislation that stalled its consid- When Congress in the past has ad- is required—to a legislative proposal eration in the last Congress. That fili- dressed the District’s special status, it here, would be very likely to occur in buster prevented its passage, despite has acknowledged that status is dic- the future on this particular issue as the bipartisan support of 57 Senators, a tated by the Constitution, and it recog- well. I think the same thing could majority of the Senate. The vote ear- nized that a constitutional amendment occur with respect to representation in lier this week to overcome that fili- was necessary to change the status, as territories, such as the Territory of buster is an encouraging step toward we have just seen. So when Congress Puerto Rico, for example. guaranteeing all citizens representa- sought to give the District a vote in So if, in fact, today we say, no, that tion in our Government. Last Congress, President Bush Presidential elections, it passed the could not possibly be because of tradi- threatened to veto this bill. This time, 23rd amendment to the Constitution. tion and the historical understanding, when the Congress passes this bill, I When Congress dealt with this issue be- that is not necessarily the case given am confident President Obama, who co- fore, it dealt with it correctly. Con- the fact that we have now at least sponsored and voted for the bill when gress does have the power to grant the some in this body who have thrown serving in this body as a Senator from District representation in the House if over the historical tradition and case Illinois, will sign it into law. it deems that it is necessary and desir- law and understanding that only by I commend Congresswoman ELEANOR able. But the proper way to do this is constitutional amendment could the HOLMES NORTON and Senator HATCH for through the mechanism that the Fram- Constitution—could there be an having worked out a voting rights bill ers provided in the Constitution: the amendment to allow the District rep- for the District of Columbia that can amendment process in article V. resentation. and should pass with bipartisan sup- Prior to the ratification of the 23rd So I am going to urge my colleagues port. The bill we consider today would amendment in 1961, District residents to vote against the resolution. I am give the District of Columbia delegate could not choose electors for purposes going to urge them to vote to sustain a vote in the House of Representatives. of choosing the President and Vice the point of order that my colleague To remove partisan political opposi- President; but because of this amend- from Arizona has made. There is a con- tion, it accords Utah an additional vote ment, District residents are now able stitutional issue, and we need to be on in the House, as well. to select electors ‘‘equal to the whole record as to what we believe to be the As a young lawyer, Congresswoman number of Senators and Representa- correct decision. If we believe it is con- NORTON worked for civil rights and vot- tives in Congress to which the District stitutional, then there will be an op- ing rights around the country. It is a would be entitled if it were a State, but portunity to express that in this cruel irony that as the District of Co- in no event more than the least popu- amendment. If we believe it is uncon- lumbia’s longtime representative in lous State.’’ stitutional, we will have the oppor- Congress, she still does not yet have Congress thus recognized in the 1960s tunity to express that. Many of us the right to vote. She is a strong voice that it did have the authority under want to express that proposition. in Congress, but the citizens living in the District clause and without amend- At the end of the day, however, as my the Nation’s Capital deserve her vote ing the Constitution to allow District friend from Connecticut has pointed on their behalf to count. residents to choose Presidential elec- out, the ultimate resolution is not I believe this legislation is within tors. going to be what we believe but, rath- congressional power as provided in the The 23rd amendment to the Constitu- er, what the courts say with respect to Constitution. This is not a partisan tion itself recognizes that the District the issue. Again, for that reason, it is conclusion. Lawyers from across the is not a State and cannot be treated as important to have a workable, expe- political spectrum, from Judge Patri- one. First, it ensures that the District, dited procedure for resolution of this cia Wald to Kenneth Starr and former even if otherwise entitled by popu- issue in the courts. And I am hopeful Assistant Attorney General Viet Dinh, lation, may not appoint a number of we can achieve that in the legislation, agree that this action is constitu- electors greater than that of the least even should the legislation pass over tional. After careful study, we have all populous State. As a consequence, even the objections of those of us who dis- concluded that Congress has the con- if the District grew enough in popu- agree with it. stitutional authority to grant voting lation that as a State it would be enti- I yield the floor. rights in the House of Representatives tled to three Representatives and two The PRESIDING OFFICER (Mr. to the representative of the citizens of Senators, let’s say if a smaller State CASEY.) The Senator from Vermont is the District of Columbia. than was not entitled to three Rep- recognized. Last Congress, the Judiciary Com- resentatives existed, the District’s Mr. WHITEHOUSE. Would the Sen- mittee held a hearing on this issue, and electors would be limited to a number ator yield for a unanimous consent re- heard compelling testimony from con- equal to those of the smaller State. quest? stitutional experts that such a bill is Even under the 23rd amendment, for Mr. LEAHY. Mr. President, I so yield constitutional. They highlighted the the purpose of selecting Presidential without losing my right to the floor. fact that Congress’s greater power to electors, the Constitution recognizes The PRESIDING OFFICER. Without confer statehood on the District cer- that the District is not the same as a objection, it is so ordered. tainly encompasses the lesser action to

VerDate Nov 24 2008 23:32 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.012 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2442 CONGRESSIONAL RECORD — SENATE February 25, 2009 grant District residents voting rights extend the reach and resolve of Amer- (2) COURT EFFICIENCY.—To avoid duplica- in the House of Representatives. ica’s representative democracy. I am tion of efforts and reduce the burdens placed Moreover, Congress has often treated pleased that we took the first step in on the parties to the action, the court in any the District of Columbia as a ‘‘State’’ overcoming the filibuster of this legis- action described in paragraph (1) may make for a variety of purposes. Congress- such orders as it considers necessary, includ- lation, and I urge all Senators to sup- ing orders to require intervenors taking woman ELEANOR HOLMES NORTON re- port the final passage of this bill with- similar positions to file joint papers or to be minded us that ‘‘Congress has not had out further delay. represented by a single attorney at oral ar- the slightest difficulty in treating the The PRESIDING OFFICER. The Sen- gument. District as a State, with its laws, its ator from Connecticut. (c) CHALLENGE BY MEMBERS OF CONGRESS.— treaties, and for constitutional pur- Mr. LIEBERMAN. Mr. President, I Any Member of Congress may bring an ac- poses.’’ ask unanimous consent that a vote on tion, subject to the special rules described in Examples of these actions include a the McCain constitutional point of subsection (a), to challenge the constitu- revision of the Judiciary Act of 1789 tionality of any provision of this Act or any order occur at 2 p.m. today; that the 10 amendment made by this Act. that broadened Article III diversity ju- minutes immediately prior to the vote Mr. KYL. Mr. President, I understand risdiction to include citizens of the be equally divided and controlled be- this amendment has been cleared on District, even though the Constitution tween Senators MCCAIN and myself or both sides. expressly provides that Federal courts our designees; and that no amendments The PRESIDING OFFICER. Is there may hear cases ‘‘between citizens of or motions be in order to the constitu- different States.’’ Congress has also further debate? tional point of order. Mr. LIEBERMAN. Mr. President, I treated the District as a ‘‘State’’ for The PRESIDING OFFICER. Without will not object. I just wish to say this purposes of congressional power to reg- objection, it is so ordered. amendment is supported not only by ulate commerce ‘‘among the several The Senator from Arizona. myself but the majority leader. It adds States.’’ AMENDMENT NO. 574 The sixteenth amendment, the Fed- language to the bill. It is similar lan- Mr. KYL. Mr. President, I ask unani- guage that was in the so-called eral income tax amendment, grants mous consent that it be in order to Congress the power directly to tax in- McCain-Feingold bill. So we support consider an amendment at the desk the amendment. comes ‘‘without apportionment among and that the reading of the amendment the several States’’ and that taxing The PRESIDING OFFICER. The be dispensed with. question is on agreeing to the amend- power has been interpreted to apply to The PRESIDING OFFICER. Without residents of the District. The District ment. objection, it is so ordered. The amendment (No. 574) was agreed of Columbia car license plates or tags The clerk will report. to. remind us every day that District resi- The bill clerk read as follows: Mr. LIEBERMAN. Mr. President, I dents suffer from ‘‘Taxation Without The Senator from Arizona [Mr. KYL] pro- move to reconsider the vote. Representation,’’ a battle cry during poses an amendment numbered 574. Mr. KYL. I move to lay that motion the founding days of this Republic. The amendment is as follows: on the table. Hundreds of thousands of Americans The motion to lay on the table was residing in the District of Columbia are (Purpose: To provide for expedited judicial review for Members of Congress) agreed to. required to pay Federal taxes. In fact, The PRESIDING OFFICER. The Sen- the District of Columbia residents pay On page 27, strike line 21 through the end of the bill and insert the following: ator from Nevada. the second highest Federal taxes per SEC. 8. JUDICIAL REVIEW. AMENDMENT NO. 575 capita in the Nation, yet residents (a) SPECIAL RULES FOR ACTIONS BROUGHT have no say in how those dollars are (Purpose: To restore Second Amendment ON CONSTITUTIONAL GROUNDS.—If any action rights in the District of Columbia.) spent. We must also remember that is brought to challenge the constitutionality Mr. ENSIGN. Mr. President, I ask many who serve bravely in our armed of any provision of this Act or any amend- unanimous consent that the pending services come from the District of Co- ment made by this Act, the following rules amendment be set aside so I may call lumbia. The brave men and women who shall apply: up my amendment, which I have sent defend our values and freedoms abroad (1) The action shall be filed in the United to the desk. must also enjoy those same rights here States District Court for the District of Co- The PRESIDING OFFICER. Is there at home. lumbia and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, objection? Opponents of this bill claim that the United States Code. Without objection, the clerk will re- citizens of the District of Columbia do (2) A copy of the complaint shall be deliv- port. indeed have representation, that they ered promptly to the Clerk of the House of The bill clerk read as follows: fall under the jurisdiction of all 100 Representatives and the Secretary of the The Senator from Nevada [Mr. ENSIGN], for Senators and 435 Representatives and Senate. himself, Mr. VITTER, Mr. COBURN, Mr. (3) A final decision in the action shall be are sufficiently provided for by Con- DEMINT, Mr. BURR, Mr. WICKER, Mr. THUNE, reviewable only by appeal directly to the Su- gress. To that argument I say that Mr. GRASSLEY, Mr. RISCH, Mr. INHOFE, Mr. preme Court of the United States. Such ap- there is no substitute for direct rep- BENNETT, Mr. ENZI, Mr. CHAMBLISS, Mr. peal shall be taken by the filing of a notice ISAKSON, and Mr. CRAPO, proposes an amend- resentation in Congress. How many of of appeal within 10 days, and the filing of a ment numbered 575. us in either party would be willing to jurisdictional statement within 30 days, of go back to our State and say ‘‘You do the entry of the final decision. Mr. ENSIGN. Mr. President, I ask not need your representatives because (4) It shall be the duty of the United States unanimous consent that reading of the other States are going to represent District Court for the District of Columbia amendment be dispensed with. you?’’ I do not believe that would go and the Supreme Court of the United States The PRESIDING OFFICER. Without over well in the Commonwealth of to advance on the docket and to expedite to objection, it is so ordered. the greatest possible extent the disposition Pennsylvania. Chairman LIEBERMAN (The amendment is printed in today’s of the action and appeal. knows that would not go over well in RECORD under ‘‘Text of Amendments.’’) (b) INTERVENTION BY MEMBERS OF CON- his State of Connecticut. I guarantee GRESS.— Mr. ENSIGN. Mr. President, while we you that would not go over well in the (1) IN GENERAL.—In any action in which the are here debating the constitutional State of Vermont. Similarly, the citi- constitutionality of any provision of this Act implications of this bill, I want to take zens of the District of Columbia also or any amendment made by this Act is chal- this time to discuss a 30-year constitu- deserve the chance to elect a represent- lenged (including an action described in sub- tional injustice happening right here in ative who has not only a voice in Con- section (a)), any member of the House of Washington, DC. gress, but a vote as well. Representatives (including a Delegate or On June 26 of last year, the Supreme Over 50 years ago, after overcoming Resident Commissioner to the Congress) or Court issued a landmark ruling affirm- the Senate shall have the right to intervene filibusters and obstruction, the Senate or file legal pleadings or briefs either in sup- ing the second amendment right to rightfully passed the Civil Rights Act port of or opposition to the position of a bear arms as an individual and con- in 1957 and the Voting Rights Act in party to the case regarding the constitu- stitutionally protected right. In Dis- 1965. Let us build on that tradition and tionality of the provision or amendment. trict of Columbia v. Heller, the Court

VerDate Nov 24 2008 02:17 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.013 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2443 affirmed that the District of Colum- tional injustice and adopt my amend- a gun’s acquisition and its use in a bia’s ban on ownership of handguns was ment. crime is over 6 years. an unconstitutional restriction on that Mr. President, it is high time that we Mr. President, it is high time we ad- right. Prior to this decision, Wash- address this real constitutional injus- dress this real constitutional injustice ington, DC, had enforced the most pro- tice and pass my amendment. Accord- and let DC citizens lawfully defend hibitive gun control laws of any city in ing to the Census Bureau, Washington, themselves. I urge my colleagues to the nation. Not only did the District DC, is the 27th largest city, with close support my amendment to protect the prohibit ownership of handguns, it also to 600,000 residents. Similarly large cit- Second Amendment rights of DC resi- required that allowed firearms, such as ies, however, have not enacted com- dents. rifles and shotguns, be ‘‘unloaded and parably restrictive gun laws. For exam- Mr. President, I yield the floor. disassembled’’ or ‘‘bound by a trigger ple, both Las Vegas proper and the Dis- The PRESIDING OFFICER. The Sen- lock.’’ trict of Columbia are cities with popu- ator from Alaska. Millions of Americans were sup- lations between 500,000 and 600,000 resi- Ms. MURKOWSKI. Mr. President, portive of Mr. Heller, who was simply dents. According to the Census Bureau, first, I wish to thank my colleague wishing to excise his constitutional in 2007, Las Vegas without incor- from Nevada for bringing up this very right to protect himself. Recognizing porated areas, was the 28th largest important issue. Those of us who are the District’s restrictions were not city, just behind DC. These cities, how- strong supporters of second amend- only unreasonable but also unconstitu- ever, have very different gun-control ment rights clearly are looking at this tional, the majority of the Supreme laws. issue and appreciate his leadership. Earlier this morning, the Senator Court held that ‘‘the District’s ban on According to FBI Criminal Justice from Arizona raised a constitutional handgun possession in the home vio- Information Service Division, in 2007, point of order as it relates to the bill the murder and non-negligent man- lates the Second Amendment, as does before us, S. 160. I have to admit, I kind slaughter rates were higher in DC than its prohibition against rendering any of took a step back and said: Well, a Las Vegas, including all the incor- lawful firearm in the home operable for constitutional point of order—I am not porated areas. When you include the the purpose of immediate self-defense.’’ sure I am familiar with that. So we Despite the Court’s ruling in June, incorporated areas, this more than went to Riddick’s, which is our ency- the District of Columbia City Council doubles the population count in Las clopedia of Senate precedents, and has continued to exact onerous and un- Vegas. In fact, if you total all the pop- looked up ‘‘constitutional point of constitutional firearm regulations on ulation of Nevada, DC still would order’’ and some of the history there. law-abiding residents. reigns in this category. Can you hon- I was surprised to find that a con- In response to the District’s obstruc- estly tell me gun control in DC has stitutional point of order was raised tion of the text and spirit of the been effective? during the consideration of the Alaska Court’s decision, the House of Rep- According to the FBI, murder rates statehood bill. resentatives passed H.R. 6842, the Na- in the United States peaked at around I have had an opportunity on the tional Capital Security and Safety Act. 10.2 per 100,000 persons in 1980. Despite floor, throughout this past year, to re- Last year, almost half this body joined the strictest gun ban in the country, mind all my colleagues that this year me in a letter to the majority leader however, murder rates in the District is the 50th anniversary of Alaska’s urging prompt consideration of this continued to climb well into the 1980s statehood and some of the debate that bill, which was denied and the bill died. and 1990s, peaking in 1996 at about 80.6 took place on the floor of the Senate That bill would have unequivocally re- per 100,000—nearly 8 times the average and the process that we as a State took stored the Second Amendment rights of what the rest of the United States to gain statehood. of the District residents, and that is had experienced. I pulled up the CONGRESSIONAL why I offer this updated bill as an Since then, the murder rate in DC RECORD from this debate on the con- amendment to S. 160 and encourage my has declined somewhat and is now fair- stitutional point of order. It is quite Senate colleagues to join me to address ly level, following a national trend of interesting, quite fascinating, from this real injustice. decreasing violence. As this chart Alaska’s perspective, because the point Mr. President, the residents of the shows, however, the murder rate in DC of order that was being discussed was District have waited long enough, and still remains over 250 percent higher whether section 10 of the Alaska State- it is time for us to ensure that they re- relative to the 48 largest cities in hood Act violated the requirement that alize their constitutional right to bear America. States come into the Union on equal arms. We must pass this amendment so Law-abiding, Nevada residents only footing. the Second Amendment rights of the need to register handguns if they live The argument that was made at the citizens of DC are protected. in Clark County, the home of Las time was that half of Alaska’s terri- This amendment is substantively Vegas. And then, to do so, they simply tory would be withdrawn by the federal identical to the bipartisan compromise bring an unloaded handgun to any po- government, depriving the proposed that passed the House last year, with lice substation—unlike the District of State of Alaska at the time the power the exception that it repeals the 2008 Columbia’s single location—where they to have a uniform system of taxation. DC anti-gun law that was enacted in receive a cursory background check Alaska’s experience seeking voting rep- the interim, and the inclusion of a sev- and are given a gun registration card. resentation in Congress explains why I erability clause. As I said, these are There are no fees or other onerous hur- have taken such great interest in the merely technical changes to this wide- dles to infringe on the Second Amend- debate over representation for the Dis- ly supported bill that 47 of my col- ment rights of law-abiding citizens. trict of Columbia. leagues supported in a letter to the The DC gun registration laws for law- In Alaska, it was a huge fight—a Democratic leader in the 110th Con- fully permitted firearms are even more huge fight—as to whether we should gress and two of our new Senate col- restrictive than Nevada laws for con- become a State. My grandparents on leagues voted for while they were in cealed-carry permits. Yet, I repeat, both sides were involved in the debate the House, when it passed by a vote of even with a gun ban, DC crime rates at the time. It was a fight to gain con- 266 to 152 including 85 Democrats. are significantly higher. Disarming the trol of our resources. It was a fight to These changes were necessary to law-abiding residents of DC has made determine who had control of our fish. guarantee the second amendment them easy prey for criminals to target. As Alaska observes the 50th anniver- rights to DC residents are adequately Furthermore, most criminals who use sary of its admission to statehood I re- protected. Instead of abdicating our guns get them through unregulated flect back on our fight for voting rep- constitutional duties as a co-equal channels. According to the Bureau of resentation in Congress. This is why I branch of Government, we should enact Justice statistics, most criminals get believe it is so important for the people legislation such as my amendment, to guns via theft or the black market. Ac- of Alaska to have voting representa- defend and protect the constitutional cording to the ATF, almost 90 percent tion in the House of Representatives. rights of American citizens. It is high are acquired through unregulated I appreciate the pleas of the people of time we address this real constitu- channels, and the median time between the District of Columbia, the residents

VerDate Nov 24 2008 23:32 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.015 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2444 CONGRESSIONAL RECORD — SENATE February 25, 2009 of this very small area, for voting rep- to delay true reform for District resi- only 16 States chose to ratify within resentation within the Congress be- dents. His conclusion is that this legis- that 7-year period. So we basically cause it was not too long ago those lation is facially unconstitutional. come back to start over. I would sug- same cries were being heard back in We also have a review by our non- gest that is the method and manner we Alaska. You have to give the District partisan Congressional Research Serv- need to approach as we try to provide of Columbia government credit for a ice, their assessment and their anal- representation for the 600,000 people pretty effective lobbying campaign. I ysis, and they, too, cast doubt on the who are residents of the District of Co- do not know of any other place that constitutionality of S. 160. Their re- lumbia. has used their license plates to tell the port, dated February 17, 2009, states: I am prepared to support a constitu- rest of the country what it is they are Although not beyond question, it would ap- tional amendment and to work for its asking for: no taxation without rep- pear likely that Congress does not have the ratification, and I intend to introduce resentation. authority to grant voting representation in that constitutional amendment today. There are significant differences be- the House of Representatives to the District It will not be part of S. 160. A constitu- tween Alaska’s fight for statehood and of Columbia. tional amendment is a different proc- the cause of representation in the So the key point here is this: I be- ess, one that is done through joint res- House for Washington, DC. Alaska, 50 lieve the District of Columbia deserves olution as opposed to a Senate measure years ago, was a territory. The District representation in the House of Rep- or a House measure. I believe amending of Columbia is a different entity, a fed- resentatives, but S. 160 does not con- our Constitution will provide justice eral enclave created by our Constitu- clusively resolve the question of for the people of the District of Colum- tion. Our Constitution makes it clear whether they will get it. bia, and I look forward to working to- that they are not a State. However, I I think we have heard on this floor ward that end. supported cloture on the motion to that this is going to lead to litigation. With that, I yield the floor. The issue, of course, is how do we in- proceed to S. 160 yesterday because I AMENDMENT NO. 576 TO AMENDMENT NO. 575 terpret article I, section 2, of the Con- believed it was important that we have (Purpose: To restore Second Amendment this debate on the floor of the Senate stitution, which says: rights in the District of Columbia) and that we hear the perspectives being The House of Representatives shall be com- The PRESIDING OFFICER. The Sen- presented, whether it is from the Sen- posed of members chosen . . . by the people of the several States. ator from Oklahoma. ator from Connecticut or the Senators Mr. COBURN. Mr. President, what is from Arizona, and to allow this issue, I don’t think there is any dispute the pending amendment? which is so important to some 600,000 amongst the constitutional scholars The PRESIDING OFFICER. Amend- people, to be debated. I represent a who are out there that the District of ment 575 offered by the Senator from State of just a little over 600,000. Columbia is not a State for the pur- Nevada. It was back in 1960, June 17, that the poses of article I, section 2. If the Mr. COBURN. Mr. President, I ask Congress approved and sent to the courts shall conclude that article I, unanimous consent to offer a per- States for ratification the 23rd amend- section 2, of the Constitution means fecting second-degree amendment to ment. It was the 23rd amendment that what it says—that only the people of Senator ENSIGN’s amendment. extended to the people of the District the several States can send voting Rep- The PRESIDING OFFICER. Without of Columbia representation in the elec- resentatives to the House—then basi- objection, it is so ordered. The clerk toral college. It was 285 days later that cally we start all over. We start all will report. the 23rd amendment was ratified by the over. We start anew with a constitu- The bill clerk read as follows: States. That ratification settled the tional amendment on DC representa- The Senator from Oklahoma [Mr. COBURN] question of whether the people of the tion. proposes an amendment numbered 576 to District of Columbia should have the So I would suggest to the body that amendment No. 575. what we are engaging in today is al- right to vote for President, and it set- Mr. COBURN. I ask unanimous con- most a cruel hoax because what we are tled that question absolutely conclu- sent that the reading of the amend- doing is we are delaying the end of tax- sively, by way of amendment to our ment be dispensed with. U.S. Constitution. ation without representation for sev- The PRESIDING OFFICER. Without I believe the people of the District of eral more years. What we are doing is objection, it is so ordered. Columbia have been without represen- getting this into the courts. Is that (The amendment is printed in today’s tation in the Congress for too long. I what the people of the District are RECORD under ‘‘Text of Amendments.’’) have strongly supported the view that really seeking? Mr. COBURN. Mr. President, this is I think 49 years ago the Congress un- the people of the District should have simply a perfecting amendment to derstood what we needed to do in order voting representation in the House of change the date of the actual enact- to provide clarity and to conclusively Representatives, but what we have be- ment of this bill. resolve the issue of the District of Co- fore us today, S. 160, does not conclu- I ask unanimous consent to speak for lumbia with the 23rd amendment. We sively resolve the question of whether a few moments on the underlying bill. they will. knew the way to handle it was to give The PRESIDING OFFICER. The Sen- We know the question of whether the people of the District of Columbia ator is recognized. Congress may, by legislation, grant the a voice in the selection of the Presi- Mr. COBURN. I will do that for a District of Columbia a vote in the dent and Vice President, and the route very short period of time. House of Representatives has been a they chose to take was the route of a We have heard a lot about the con- matter of spirited debate not only here constitutional amendment. They knew stitutionality of this, but I think there on this floor but with constitutional then that was the proper route to take, is an important point that has not been scholars on all sides of the issue. It was and I would suggest that today it is the raised, and I would take exception to our assistant majority leader yester- proper route to take to provide for the fact that this is not a partisan de- day who observed that S. 160 has at- this. This Senator believes that is what bate. This is about whether we really tracted—I think the words were some we owe to the people of the District of follow this wonderful little document strange bedfellows amongst the com- Columbia, to get it right the first time. each of us in this Chamber has sworn munity of constitutional scholars. We Let’s resolve this. A constitutional an allegiance to and what it says. have very distinguished individuals amendment passed by the Congress, I wish to quote a legal scholar be- such as Ken Starr and Viet Dinh who ratified by the States, settles the mat- cause I think it leads to a lot of com- suggest that, in fact, S. 160 is constitu- ter of DC representation conclusively, mon sense. Here is the quote: tional. On the other side, we have an and S. 160 doesn’t. extremely well-respected gentleman, Now, we know the history on this. It would be ridiculous to suggest that the delegates to the Constitutional Convention Jonathan Turley, who has testified This was tried once before. A constitu- or ratification conventions would have that despite the best of motivations, S. tional amendment was adopted by two- worked out such specific and exacting rules 160 is fundamentally flawed on a con- thirds of both bodies and sent to the for the composition of Congress, only to give stitutional level and would only serve States for ratification. Unfortunately, the majority of Congress the right to create

VerDate Nov 24 2008 02:17 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.016 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2445 a new form of voting members from federal State government. The text of the Con- The Constitution says only States may enclaves like the District. It would have con- stitution does not provide anywhere have congressional representation, and stituted the realization of the worst fears for that a non-state may have a congres- no bill, no mere congressional legisla- many delegates, particularly the Anti-Fed- sional voting Member. Also, the Dis- tion, no law we pass can change that eralists, to have an open-ended ability of the majority to manipulate the rolls of Congress trict of Columbia is not a forgotten fact. The Constitution is the supreme and to use areas under the exclusive control city. In fact, it receives more Federal law of the land. Our legislation can’t of the Federal Government as the source for dollars, per capita, than any State in alter the constitutional requirements. new voting Members. the United States. We can alter the Constitution through I have no doubt that if this present History is clear that the Framers ex- the amendment process, as has been bill is passed, it will be found unconsti- cluded the District of Columbia from previously done, to fix this very prob- tutional. As my colleague from Alaska having direct congressional representa- lem. stated earlier, if what we want to do is tion. Our Founders could have placed Alexander Hamilton, many years change the Constitution, the way to do the seat of the Federal Government ago, wrote: that is through a constitutional within a State—and that was dis- The qualifications of the persons who may amendment and a joint resolution. cussed—thus ensuring direct congres- . . . be chosen, are defined and fixed in the So there is no question that people sional representation from that city, Constitution, and are unalterable by the leg- who are taxed have the right to rep- but they chose not to do so. As James islature. resentation, but there is another way Madison stated in Federalist No. 43, Finally, the District is not, as I said, to solve that. The best way to solve it there was fear that the State that en- forgotten. Its residents have indirect is to eliminate the tax on the citizens compassed the Nation’s Capital would representation. All 435 Members of the of the District of Columbia. I will be have too much influence over Congress. Congress travel in the traffic here, go offering an amendment this afternoon It has a lot now. The Framers feared in and out of the city, and 100 Senators that will do just that. that, symbolically, the honor given to likewise do the same. They have done I yield the floor. one State would create ‘‘an imputation pretty well by way of getting money The PRESIDING OFFICER. The Sen- of awe and influence’’ as compared to out of the Federal Government. ator from Alabama. other States. That is, that the State One of the Framers’ concerns, which Mr. SESSIONS. Mr. President, this is would have an advantage in some fash- Madison articulated, was a fear that a distressing situation where, for some ion. the ‘‘host’’ State would benefit too reason, we have abandoned the knowl- Thus, when the Framers of our Con- much from ‘‘the gradual accumulation edge we gained in 1977 that it takes a stitution considered carefully how to of public improvements at the sta- constitutional amendment to get rep- treat the Nation’s Capital, they pro- tionary residence of the Government.’’ resentation in the Congress for the Dis- vided in the District clause—article I, According to the most recent data trict of Columbia. There is so much in section 8, clause 17, of the Constitu- available, as of 2005, the District of Co- the Constitution that refers to this, tion—that Congress had the power to lumbia taxpayers received more in but article I—the very first article— ‘‘exercise exclusive Legislation in all Federal funding per dollar of Federal section 2, says the House of Represent- cases whatsoever, over such District.’’ taxes paid than any of the 50 States. atives—that is what we are talking So it gave Congress the legislative According to the Tax Foundation, for about: giving a Member of the House a power over the District, clearly. Con- every $1 of Federal tax paid in 2005 by vote for the District of Columbia—shall gress was, of course, made up of Rep- the District of Columbia citizens, they be composed of Members ‘‘chosen every resentatives from States. This meant received approximately $5.55 in Federal second year by the people of the sev- that residents of the District would not spending. This ranks the District the eral States.’’ It goes on to say that the have direct representation in Con- highest nationally by a wide margin. requirements of a Representative are gress—they understood that, clearly, For example, New Mexico, which is per- that they should be—they must be, from the beginning and, indeed, they ceived to be the most benefitted State, when elected, ‘‘an inhabitant of that have never had it—but instead, they received $2.03 in Federal spending per state in which he shall be chosen.’’ The would have indirect representation and $1 of tax payments their citizens made. Senate—discussed in section 3—of the that such direct representation was re- But even that amount is $3.52 less than United States ‘‘shall be composed of served only for the residents of States. what the citizens of D.C. receive. Per- two Senators from each State.’’ Second, this bill violates the plain haps, some would say Madison’s fear So I know there is politics here, and text of the Constitution, as I noted. Ar- has become a reality, with all the jobs I hope when the Supreme Court reads ticle 1, section 2 says ‘‘each State shall that are here and paying good wages— this debate they look right through it have at least one representative.’’ Fur- how many of us would love to carve out because I don’t think it is a sound posi- ther, one of the qualifications to be a some of these agencies and have them tion we are dealing with. I believe Sen- Congressman is to ‘‘be an Inhabitant of be settled in Birmingham or Baltimore ator MCCAIN has rightly raised a point that State in which he shall be cho- or New York? Then that tax revenue of order as to the constitutionality of sen.’’ As George Smith, the former sen- would be spent in our States. But it is this bill. ior counsel at the Department of Jus- being spent here. I wish to make some general re- tice’s Office of Legal Counsel recently I am just saying I don’t believe the marks. wrote and was published: ‘‘All told, no District of Columbia is being abused. In I think the legislation is an affront fewer than 11 constitutional provisions fact, they are doing pretty well with to the Constitution. Professor Jona- make it clear that congressional rep- taxpayers’ money all in all. I know the than Turley, one of the liberal out- resentation is linked inextricably to argument that you don’t collect prop- standing scholars of the law, who has statehood.’’ erty tax on Government property and testified before our committee a num- Congress has recognized this fact in everything, but they are doing pretty ber of times, testified before the House years past. In 1977, Congress passed a well under any fair analysis. Judiciary Committee recently—this is constitutional amendment, which was The Framers envisioned a Federal the language he used, and I am sure he never ratified by the States, but we district serving as the National Gov- would consider himself a Democrat. He passed it. It was a constitutional ernment’s home. That district was not said he considers this bill to be ‘‘one of amendment that would have given the to be a State, and the District of Co- the most premeditated unconstitu- D.C. residents congressional represen- lumbia was never to be treated as a tional acts by Congress in decades.’’ tation. I suppose that was then and State. Granting a non-state congres- Congress cannot, consistent with the this is now. Now we are just going to sional representation and voting rights Constitution, pass a bill that gives con- pass a law that doesn’t have to have a in the Congress of the United States gressional voting rights to a non-state supermajority in Congress or be rati- violates the Framers’ intent, pretty without violating the plain text of the fied by the States. That is a lot easier clearly, and the plain language of the Constitution. The Framers of our Con- to do. I remind my colleagues that Constitution. Congress, as Professor stitution envisioned a Federal city while political winds may change, the Turley notes, ‘‘cannot legislatively that would not be beholden to any plain text of the Constitution doesn’t. amend the Constitution by re-defining

VerDate Nov 24 2008 23:32 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.018 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2446 CONGRESSIONAL RECORD — SENATE February 25, 2009 a voting member of [the House of Rep- and our Constitution, and a mere stat- vote in the direction of their own coun- resentatives].’’ utory act of this Congress is not able try. This is not right. We have all sworn to uphold the Con- to reverse the Constitution. Therefore, DC residents go by the same rules stitution and to defend it. As written, I will object to the passage of this leg- and laws as the United States of Amer- this bill violates the Constitution and islation. I think it is incorrect. I will ica. They pay taxes. They pay, by the it will, I predict, be struck down by the support Mr. MCCAIN’s constitutional way, Federal taxes because they see Court. I think it is going to come back point of order because I see no other themselves as part of the Federal Gov- from the Court like a rubber ball off rational conclusion. ernment. But the Federal Government that wall. If it doesn’t, we are going to As shown by a recent opinion from does not see that they have full rep- learn something about the Supreme the District Court of the District of Co- resentation. I wish sometime we could Court of the United States—something lumbia in 2005, the Constitution does have those DC residents who fought in we don’t want to know. I submit that not give congressional voting rights to wars in the balconies. They fought we cannot in good faith vote for this residents of the District of Columbia. through the National Guard, and they bill without conflicting with our oath The PRESIDING OFFICER (Mrs. fought through the regular military. to the Constitution. So that is why I HAGAN). The Senator from Maryland is They have fought and they have died, cannot support it. recognized. most recently in Iraq and Afghanistan. I would just point out a recent case Ms. MIKULSKI. Madam President, I But when they come home, they are decided November 4, 2005, in the U.S. rise in support of the DC Voting Rights treated like second-class citizens. I Court of Appeals for the District of Co- Act. I rise from a new seat, a new chair don’t think that is right. lumbia. The panel consisted of now- in the Senate. My desk is now moved I also happen to believe if you pay Chief Justice John Roberts; Judge to the center aisle. I rise from this taxes—there was a famous patriot who Harry Edwards, appointed by President desk for the very first time to speak said: If you pay taxes, you should have Carter; and Judith Rogers, appointed about a new opportunity to expand de- representation. If it was good enough by President Clinton, for whatever that mocracy. That is what the DC Voting for Patrick Henry and Patrick Ken- is worth. I hate to even say that be- Rights Act is—it is about democracy, nedy, it should be good for us. If you cause we expect our judges to put away about fairness, and about empower- pay taxes to the Federal Government, partisan activities when they put their ment. your representative should have a vote robes on. So that is just background. The DC Voting Rights Act simply in the Congress of the United States. Basically, the court dealt with an ar- gives the District Representative full That is what we want to do today. gument over taxes. As part of their voting rights in the U.S. House of Rep- When we think about all the major holding—it is a per curiam opinion; no resentatives. I also want to point out issues that are debated in Congress— the economy, health care, education, one judge was considered to be the au- to my colleagues that this is not only the direction of our national security— thor. They all agreed to this language. about the District of Columbia, but these issues affect the residents of the They said: this is also about Utah. What this leg- islation does, in a sense of fairness and District of Columbia the same way Congress, when it legislates for the Dis- they affect Maryland or Virginia or trict, stands in the same relation to District parity, is grant a seat to the District of residents as a state legislature does to the Columbia and an additional seat to Texas or Alabama or North Carolina. residents of its own State. Utah. What we are doing is trying to Yet the DC residents do not have a So we stand in the same position to adjust, without amending the Constitu- vote on these issues. How would you feel, Madam Presi- the people of D.C., as set up by our tion, wrongs that need to be righted. dent, if you did not have anyone rep- Founders, as the State legislatures do The DC Voting Rights Act gives the resenting you on those issues or if your to the people of the States. The court District Representative full voting Congresspeople could have a voice but rights in the House of Representatives. also noted: not a vote? I think the District of Co- Right now, the District of Columbia Not only may statutes of Congress or oth- lumbia deserves this, and they have is represented—and I might add very erwise national application be applied to the been waiting a very long time. The Dis- District of Columbia— ably—by Congresswoman ELEANOR trict of Columbia has been waiting for HOLMES NORTON, a distinguished public That is the tax laws— this for 200 years. but Congress may also exercise all the po- servant. She is called a Delegate to Last year when we tried, we fell lice and regulatory powers which a state leg- Congress. We call her Congresswoman. three votes short. But we are in a new islature or municipal government would When she moves around her great area, day in Washington, and I hope this new have in legislating for state or local pur- she is also called that. What is she al- poses. day will be new democracy, the expan- lowed to do? One, she is able to have a sion of democracy. We love to expand Then the court said: voice. That is important. So the people democracy around the world. Let’s ex- This is true notwithstanding that the Con- of DC do have a voice. But in Congress, pand democracy to the District of Co- stitution denies District residents voting a voice also usually means a vote. That lumbia. representation in Congress. is where it doesn’t work the way we The District of Columbia has been So this panel, in 2005, concluded—all think it should. She is able to vote in made the target of congressional pet three judges—that the Constitution de- her committee, but she is not able to projects. We often shove ideas at them. nies District residents voting represen- vote on the House floor. We think that We undo what they often want to pass tation in Congress. is wrong. We think she should have a for themselves. We think they should I am not personally of the view that voice and we think she should have a be able to have a vote to exercise the people who voluntarily live within the vote. direction both for themselves and for borders of the District of Columbia The residents of the District of Co- the Nation. have to have direct congressional rep- lumbia are the only residents in a Currently, DC residents are rep- resentation. I guess it is a matter that democratic country in the capital city resented by a delegate. This would give we can discuss and debate. Arguments who do not have a vote in determining full voting power in the House of Rep- on both sides can be made. I simply say the fate and direction of the Nation. resentatives. It would give Utah one the matter is conclusively decided by What we have essentially done is additional representative. This solu- the plain language of the Constitution. disempower the over 600,000 residents tion is fair, it is nonpartisan, and it As Mr. Smith says, 11 different places of the District of Columbia. Yet we do will enfranchise 600,000 District of Co- in the Constitution say that represen- not disempower them when we call lumbia residents and also enfranchise tation in Congress must come from them to serve for war. The District of the State of Utah to have one addi- States. It does not come from districts. Columbia, through its National Guard, tional representative that they barely It does not come from territories. It has served ably and willingly. Yet even missed in a census that was flawed in does not come from tribal areas. It though they go to fight for the entire many ways. comes from States. United States of America and they are I stand today as a friend and neigh- If we would like to change it, maybe sent to war by the Congress of the bor to the people of the District of Co- we can, but we are bound by the laws United States, they have no voice, no lumbia. We in Maryland live next door

VerDate Nov 24 2008 23:32 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.019 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2447 to the District. Many of the constitu- I don’t know how the constitutional This constitutional text presupposes ents I represent, the sons and daugh- limitation or, indeed, the prohibition that the District is not a State, as that ters live in Maryland, the moms and to passing this legislation and expect- term is used in the Constitution, for dads continue to live in the District of ing it to be enforced could be more purposes of apportioning Representa- Columbia. I know their fierce devotion plain. Of course, the Constitution in ar- tives, Senators, and electors. to this country, the fact that they are ticle I, section 2, limits House seats to In short, the text of the Constitution proud to be residents of the Capital of States alone. The District of Columbia could not be clearer, that Members of the United States of America. They is not a State and, therefore, the Dis- Congress are to be elected only from love doing their duty by participating trict of Columbia may not have a States and that the District of Colum- in their community, by paying their House district and be represented by a bia is not a State. taxes, and going to war, if necessary. voting Member of the House of Rep- One may be asking why would we be But they believe participation and tax- resentatives. having this debate 230-something years ation should have representation. I be- I am not asking anybody to take my since this country was founded. It has lieve like they do; we should give it to word for it. Let’s just look at the text been understood and, indeed, has been them and give it to them this week in of the Constitution. the uninterrupted practice and prece- this Senate. The time is now. The text of the Constitution repeat- dent of our Republic that people have I yield the floor. edly and clearly limits representation regarded the District of Columbia not The PRESIDING OFFICER. The Sen- in the House of Representatives to the as a State and not entitled to a Mem- ator from Texas. States. The apportionment of Rep- ber of the House. Otherwise, why would Mr. CORNYN. Madam President, resentatives is governed by section 2 of this just be coming up now? From the when we are sworn in to the Senate, we the 14th amendment, which provides: founding until recently, the evidence raise our right hand, put our left hand ‘‘Representatives shall be apportioned shows it was understood that a con- on the Bible, and swear to uphold the among the several States.’’ stitutional amendment would be re- Constitution and laws of the United As I mentioned a moment ago, arti- quired to give the District a voting States. That is why I am very troubled cle I, section 2, of the Constitution es- seat in Congress. Of course, since the and concerned that those of us who tablishes the House of Representatives founding, the District has never been have taken that sacred oath to uphold and governs its membership. Each of granted a voting seat in Congress. Rep- the Constitution would, in fact, pur- that section’s first four clauses speci- resentation has been apportioned in ac- port to violate the Constitution by pas- fies States—not cities, not the District cordance with the constitutional provi- sage of S. 160, the DC voting rights bill. of Columbia—as those entities that are sions I have cited every 10 years since This bill, at various times, has been entitled to representation in the 1790. In other words, every 10 years we called the DC voting rights bill; at House. have a census, and every 10 years Con- other times it has been called the DC The first clause provides that Rep- gress apportions seats in accordance statehood bill. Of course, DC is not a resentatives are chosen ‘‘by the People with these constitutional provisions, State, but DC would have to be a State of the several States.’’ every 10 years since 1790. Never in the under the Constitution to get the vot- The second clause provides that a history of this country has a Congress ing Member of the Congress for which Representative must be ‘‘an inhabitant or a President acted on the belief or on the proponents of this legislation are of the State in which he [or she] shall the theory that they had the power calling. be chosen.’’ somehow to apportion a Representative By the way, if DC is a State for the The third clause says that ‘‘each to the District of Columbia. purpose of creating a district for a State shall have at least one Rep- Indeed, the Framers of the 23rd Member of Congress, why would not DC resentative.’’ amendment clearly thought that be a State for the purpose of having The fourth clause specifies that granting the District Presidential elec- two U.S. Senators? Of course, even the ‘‘when vacancies happen in the Rep- tors, as I mentioned a moment ago, re- proponents of this legislation know resentation from any State,’’ the Gov- quired a constitutional amendment. that would be a bridge too far, but this ernor of that State shall call an elec- Similarly, in 1977, Congress passed a is the first incremental step to consid- tion. constitutional amendment that would ering the District of Columbia as a Article I, section 4, of the U.S. Con- actually have given the District resi- State entitled, they say, to a Member stitution provides that rules for the dents what they seek by this act of leg- of Congress, as well as two Members of elections of House Members ‘‘shall be islation. At least at that time, the con- the Senate. prescribed in each State by the Legis- sensus of Congress was a constitutional I believe this legislation is unconsti- lature thereof. . . .’’ amendment was required. tutional. There is a constitutional way Just as the text of the U.S. Constitu- If the Framers of the 23rd amend- to do it, but the proponents of this re- tion makes plain that only States are ment or the authors of the DC voting sult have found that to be a tough row to be represented in the House of Rep- rights amendment believed they could to hoe, to pass a constitutional amend- resentatives, it is equally clear the Dis- have achieved their ends by mere legis- ment. So now they have come back trict of Columbia is not a State for lation alone without submitting them- trying to do it the so-called easy way purposes of such representation. selves to the admittedly difficult proc- but in a way that violates the Con- Article I, section 8, of the Constitu- ess of constitutional amendment, don’t stitution and, I would say, cannot be tion specifies that the Federal Govern- you think they would have done so? reconciled with the oath that each of ment ‘‘District,’’ the District of Colum- Clearly, they would have done so. us takes. bia, was to be formed ‘‘by Cession of Furthermore, the Federal courts I know it is common to say the particular States.’’ This provision dis- have long interpreted the word ‘‘State’’ courts will fix it. We ourselves have a tinguishes between States and the Fed- in section 1 of the 14th amendment to duty to pass only legislation that we eral District in which we are presently exclude the District of Columbia. Thus, believe is truly constitutional. For us located formed by cession of the due process, equal protection, and to say we have the votes now, as some States. other constitutional challenges to Dis- of my colleagues have indicated, we If that is not enough—the plain text trict laws, such as in the recent Heller have the votes to do it, but let’s not of the Constitution—then I think all case—that was the DC gun rights pay attention to the constitutionality we need to do is look back at the 23rd case—are brought under the Bill of of it I think is a very serious mistake. amendment of the Constitution, where Rights rather than the fourteenth We all sympathize with the desire of the proponents of this result actually amendment that would incorporate the the residents of the District of Colum- tried to do it the right way. The 23rd Bill of Rights and apply them to the bia to be represented in Congress. But amendment to the Constitution, which States. as I said, there are constitutional ways granted the District of Columbia Presi- If the District of Columbia is not a to do this, and this legislation is not a dential electors, gives the District of State for purposes of section 1 of the constitutional way to accomplish that Columbia the number of electors it 14th amendment, it seems odd to argue goal. would be entitled to if it were a State. it is a State for purposes of section 2 of

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Congress without a constitutional and has continually affirmed through- We don’t know which State will be amendment. Why Congress would even out our history, if Congress could alter the biggest loser after 2010. If the cur- consider passing a piece of legislation the Constitution’s meaning through rent census projection holds, it is like- that is going to be challenged in the mere legislation, then the Constitution ly to be New Jersey or Oregon. The fact courts and ultimately be decided by would cease to be ‘‘superior, para- is we don’t know which State would be the U.S. Supreme Court—and I am pre- mount law, unchangeable by ordinary entitled to that 437th seat if it weren’t dicting here today they will say this is means.’’ awarded to the District of Columbia by an unconstitutional act by the very On another note, having argued from this legislation. But we do know this: same Federal officials who have taken a historical perspective, and from the There will be winners and there will be an oath to uphold and defend the laws text of the Constitution the historical losers. And there will be a new loser and Constitution of the United practice, the political impact of what every 10 years after this bill passes if it States—why we would do this is baf- the Senate is being asked to do—aside is not struck down, as I predict it will fling to me. from these constitutional concerns—we be, by the U.S. Supreme Court. So why could anyone think a bill need to look at the impact of this legis- The ultimate impact of this bill on such as this might actually be upheld? lation on the size of congressional dele- our representation in the House of Rep- resentatives is unclear, but I believe Well, there was a clever lawyer, as gations in all other States after the the bill’s lack of constitutional founda- there frequently is behind novel legal 2010 census and beyond. tion is clear. For that reason, I believe theories. It was not until 1991, shortly As I noted earlier, every 10 years we Senator MCCAIN’s constitutional point recalculate how many seats will be after the Constitution’s bicentennial, of order should be sustained. that a clever law student first ad- available to the U.S. House of Rep- I will close where I started: Each of vanced the argument that Congress resentatives from each State, since us, as U.S. Senators, has taken a sacred could create a Representative for the there is a fixed number. Of course now oath to uphold the laws and Constitu- District of Columbia through simple it is 435. Because of that, every 10 years tion of the United States. So how, legislation. Legislation purporting to some States are winners and some under any interpretation, would we do that was first introduced in 2004. States are losers. High population vote to pass a law that is so clearly un- This novel legal theory lacks merit, as growth States, such as my State— constitutional? Why is it that Congress I have argued, and cannot overcome Texas—are likely to get as many as would totally abdicate its responsi- the weight of textual and historical three new congressional seats after the bility in considering legislation to de- evidence that would all but declare next census. This bill would change the termine whether it is constitutional or that this bill is unconstitutional. list of winners and losers after the 2010 not and to kick that responsibility Supporters of this theory cite the census and for every census thereafter. over to the Federal courts? District clause of the Constitution that Think about this, colleagues: Some I believe all of us—Members of the gives Congress power to ‘‘exercise ex- States clearly are going to lose a seat House, Members of the Senate, Federal clusive legislation in all cases whatso- or two in Congress after the 2010 cen- judges, the President of the United ever’’ over the District. Because the sus. Just as my State will gain up to States—have a responsibility to uphold District is not a State, it doesn’t have three seats, there will be other States the laws and the Constitution of the a State legislature, and so Congress is that will lose a seat because of popu- United States. And if this Senate given that authority under the Con- lation shifts in our country. There are passes this clearly unconstitutional stitution. This plenary power, it is ar- other States that are not clear winners legislation, it will have violated its sa- gued, gives Congress unfettered power or clear losers but are on the bubble. I cred oath to uphold the Constitution, to determine the District’s representa- ask my colleagues to consider what in my humble view. tion in Congress. they are doing to the interests of their I yield the floor, and I suggest the ab- But this power cannot be used in any State before they vote on this bill. It sence of a quorum. kind of logical way to vitiate the care- could be that by voting for this legisla- The PRESIDING OFFICER. The fully crafted apportionment of rep- tion some Senators will be putting clerk will call the roll. resentation elsewhere in the four cor- their States on the bubble now and for The assistant legislative clerk pro- ners of the Constitution. By the logic decades to come. ceeded to call the roll. Mr. HATCH. Madam President, I ask of the act’s supporters, Congress would Now, what does that mean? Well, let unanimous consent the order for the exercise unlimited plenary power to re- me ask this question: Do you want to explain to your constituents that your quorum call be rescinded. peal freedom of speech in the District The PRESIDING OFFICER. Without State must lose a seat after the census or give the District 436 representatives objection, it is so ordered. in the House and 101 Senators. so the District of Columbia can gain a Mr. HATCH. Madam President, my The absurdity of this argument is seat by this legislation? Are Senators friend from Arizona, Senator MCCAIN, highlighted by the fact this District going to vote for a bill that might this morning raised what he called a clause goes on to give Congress the mean their State would receive one constitutional point of order about S. same plenary power—‘‘Like Author- less congressional district after the 160. I would like to just respond to a ity’’—over Federal institutions such next census, because they want the few of his arguments. as, ‘‘Forts, Magazines, Arsenals, dock- District to have one? Do you want to He is my friend, and I appreciate his Yards, and other needful Buildings,’’ in explain to your constituents that you leadership in this body. I appreciate the quaint language of the Constitu- would have had another seat after the the fact that he went through this tion. But surely this does not mean census, but instead you are going to great campaign and asserted such in- that on the basis of the District clause have the same number and the District fluence but also such dedication to this Congress can grant a vote in Congress of Columbia is going to grow by an ad- country. I have appreciated his dedica- to a federal dockyard or an arsenal. It ditional seat as a result of your vote on tion to our country ever since I met doesn’t make any sense. this legislation? him. But I do have some comments to Congress should not adopt an overly The increase in House membership make about his constitutional point of aggressive or overly expansive role of from 435 to 437 disguises this issue, but order. its powers under one section of the only if you are not paying very close The Senator from Arizona said that Constitution that allows it to violate— attention. Think about this: If the this bill is obviously, plainly, and bla- somehow magically—the clear lan- membership of the House had been 437 tantly unconstitutional because the guage and intent of other provisions of after the 2000 census, which States District is not a State.

VerDate Nov 24 2008 23:32 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.021 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2449 For him, the constitutional debate The Supreme Court would not have It is not, as he alleged, simply an ar- apparently begins and ends with a sin- ruled that Congress can extend to the bitrary, irrational, backroom partisan gle word. District Federal Court jurisdiction political deal. As I said on Tuesday, however, not- over lawsuits between citizens of dif- This debate about what the Constitu- ing that the District is not a State is a ferent States. tion allows Congress to do is important factual observation; it is not itself a The Supreme Court would not have and worthwhile. constitutional argument. held that the apportionment of taxes I believe the constitutional founda- It is a premise, not a conclusion. among the States applies to the Dis- tion of this bill is more than suffi- There are many other factors to con- trict. ciently solid to justify voting for this sider in order properly to answer the The Supreme Court would not have bill and I hope my colleagues will. constitutional question. upheld Congress’s authority to imple- I hope my colleagues will vote down The Senator from Arizona is entitled ment in the District the fourteenth this constitutional point of order to answer that question however he amendment’s commands regarding the which I think is not justified under ei- choose, but I believe it is necessary to States. ther the Constitution or under our at least consider the factors relevant The Supreme Court has indeed held rules. to the answer. all these things. I suggest the absence of a quorum. I, for one, have not avoided the con- If Congress could not provide for the The PRESIDING OFFICER. The stitutional issue. District the House representation the clerk will call the roll. I have confronted the issue directly. Constitution gives to the States, the The assistant legislative clerk pro- I have testified about it before the Supreme Court would not have af- ceeded to call the roll. Mr. GRASSLEY. Madam President, I Senate Homeland Security Committee. firmed a decision saying that such a ask unanimous consent that the order I have spoken about it on this floor. goal could indeed be pursued in the po- I have written and published an ex- for the quorum call be rescinded. litical process. tensive article about the issue. The PRESIDING OFFICER. Without I assume the Senator from Arizona is I have sent that article to my col- objection, it is so ordered. aware of these and many other similar leagues, including to the Senator from Mr. GRASSLEY. Madam President, I decisions over the past two centuries. Arizona. ask unanimous consent to speak as in I do not demand, or even expect, that He is certainly entitled to believe morning business for 6 minutes. that all of these decisions were wrong- my colleagues necessarily agree with (The remarks of Mr. GRASSLEY per- me on this issue, but I would like to ly decided. taining to the introduction of S. 474 are But, with respect, rather than simply hear at least an attempt to respond to printed in today’s RECORD under repeating the word States, he should at those arguments. ‘‘Statements on Introduced Bills and America’s founders, those who wrote least attempt to explain why those de- Joint Resolutions.’’) the Constitution we are talking about, cisions are all wrong or, in some way, The PRESIDING OFFICER. The Sen- passed legislation allowing Americans are different than the issue before us ator from Connecticut is recognized. living on the land ceded for the Dis- now. Mr. LIEBERMAN. It is fortuitous trict to vote in congressional elections. And, again with respect for my col- that I happened to be on the Senate They did that. league whom I admire, these Court de- floor managing the DC Voting Rights That land was no more a State in 1790 cisions establish that the Senator from Act. But I take this opportunity to than the District is today. Arizona is simply incorrect when he thank my friend from Iowa for this in- Those Americans did not live in a says that courts have consistently troduction of this legislation. State. ruled that the word States excludes the It is consistent with not only the ac- I do not understand why treating Dis- District. tions that I have been privileged to be trict residents today as if they lived in The Senator from Arizona also asked involved with him on but what our a congressional district is constitu- why territories would not be entitled committee has stood for. We will give tionally different than treating them to the same congressional representa- it a thorough review and, hopefully, we in 1790 as if they lived in Virginia or tion as the District. will be able to bring it forward. Sen- Maryland. As the Senator himself acknowl- ator AKAKA is a very active and senior No one argued in 1790 that doing so edged, however, the District is an en- member of our committee. I am sure was unconstitutional. tirely unique entity in America. his advocacy will help a lot in moving It seems to me that the Constitution America’s founders intended that the the legislation forward. I thank my would have been, if anything, even District permanently to be a jurisdic- friend from Iowa for introducing this more clear and plain to its own draft- tion separate from State control. legislation. ers in 1790 than it is to us Senators It should remain that way. The PRESIDING OFFICER (Mr. here today. Territories, in contrast, are jurisdic- CARDIN). Under the previous order, the Congress has provided, by legislation, tions which can, and in some cases are first 10 minutes prior to the 2 p.m. vote that Americans living abroad can vote intended to, become States. are equally divided and controlled by in congressional elections. I am unclear why the Senator from the Senator from Connecticut, Mr. They do not live in a State. Arizona included this argument in a LIEBERMAN, and the Senator from Ari- They do not even live in America. constitutional point of order because it zona, Mr. MCCAIN. I would like to hear from the Senator is not a constitutional argument. Mr. LIEBERMAN. Mr. President, I from Arizona why Congress can provide It is instead a political argument, believe the distinguished Senator from voting rights for Americans living in and it has been raised and addressed West Virginia, Mr. BYRD, is going to other countries but cannot provide vot- before. speak in support of the point of order ing rights for Americans living in this My friend from Arizona also ques- Senator MCCAIN has raised. country. tioned whether Utah is included in this The PRESIDING OFFICER. The Sen- If it were so obviously, plainly, and bill. ator from West Virginia. unequivocally obvious that the word As the Senator from Connecticut ex- Mr. BYRD. Mr. President, I oppose S. ‘‘States’’ in the Constitution can never plained, both before and after the re- 160, the District of Columbia House include the District, then the Supreme marks of the Senator from Arizona, the Voting Rights Act. I must—in other Court would not have ruled that the House of Representatives must have an words, I have to—review and renew my authority of Congress to regulate odd number of Members. objections to legislation of this kind. I interstate commerce applies to the One will go to the District, and the have to speak and speak loudly—can District. other to the State which would have you hear me—to its flaws, as I have The Supreme Court would not have next qualified for one under the 2000 done when similar erroneous attempts ruled that the sixth amendment right census. have been made to amend the Constitu- to a speedy and public trial in the As such, this decision was, as the tion with legislation. State where a crime was committed ap- Senator from Arizona said it should be, As I have said previously, my quarrel plies to the District. based on census data. is not with the intent of the legislation

VerDate Nov 24 2008 23:43 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.002 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2450 CONGRESSIONAL RECORD — SENATE February 25, 2009 but with the vehicle with which the ing rights will be further bogged down dinary and plenary power over the Dis- Congress is seeking to effect this in a swamp—a swamp—of litigation. trict of Columbia and, more to the change. Providing voting rights for the Dis- point, have upheld congressional treat- What does the Constitution say? Ar- trict through a constitutional amend- ment of the District as a State for very ticle I, section 2, of the Constitution ment would provide the clarity and the important purposes of diversity juris- says—now listen: constitutionality needed and would diction and interstate commerce. The House of Representatives shall be com- also avoid the path of litigation. Any- Article III, for instance, of the Con- posed of Members chosen every second Year thing short of a constitutional amend- stitution provides that courts may by the people of the several States . . . ment will be insufficient and will cer- hear cases ‘‘between Citizens of dif- The Constitution does not include tainly set a dangerous precedent. ferent States.’’ The Supreme Court ac- the residents of the District of Colum- While it is indeed an arduous task to tually initially ruled under this lan- bia in this context as a State. amend the Constitution, and rightly guage that residents of our Nation’s We know—or we ought to know— so, thank heavens, something so crit- Capital could not sue residents of other from our history books that our Found- ical as representation in the House for States in Federal courts. But in 1940, ing Fathers sought out a Federal city the people of the District of Columbia Congress said that was wrong and that would not have to rely upon the compels it. Shortcuts have no place asked that residents of the District be protections of any one State. Their vi- here. In this instance because of litiga- treated as a State for that purpose, a sion, the vision of the Founding Fa- tion, any shortcut, so-called, may turn law that was upheld in the case of DC thers, a center of government apart out to be the long cut, the long way v. Tidewater Transfer Company of 1949. from the States, is seen in the distinc- home for the very deserving, long-suf- The Constitution also allows Con- tion made in article I, section 8, be- fering people of the Capital City of this gress to regulate commerce among the tween the ‘‘States’’ and a ‘‘District.’’ country, Washington, DC. several States. That is the language of Therefore, under the Constitution, the I will support the point of order the Constitution, which literally would District is not a State. Consequently, a raised by Senator MCCAIN against the exclude the District of Columbia and constitutional amendment is required underlying bill, as it addresses this make it impossible for its residents to to give the District’s citizens voting most crucial issue. enjoy all the protections adopted under representation in Congress. This is the I thank the distinguished, very able the Commerce clause. But Congress’s step that ought to be taken. It is the Senator. I thank the Chair and I yield authority to treat the District as a step I have consistently supported. As the floor. State for Commerce clause purposes far back as 1978, as the majority leader The PRESIDING OFFICER. The Sen- was upheld in the case of Stoughten- of the Senate, this body, I—let me ator from Connecticut. burg v. Hennick. identify myself: ROBERT C. BYRD— Mr. LIEBERMAN. Mr. President, So what we are asking for has con- spoke in support of and voted for H.J. during the remarks we have just been stitutional precedent. More to the Res. 554, a joint resolution that pro- privileged to hear, the Senator from point, ultimately, or as much to the posed amending the Constitution to West Virginia said: ‘‘I—let me identify point, is the underlying reality that provide for representation of the Dis- myself: ROBERT C. BYRD.’’ May I say, the Senator from West Virginia and trict of Columbia in Congress. Where is there was no need for that identifica- the Senator from Arizona speak to elo- that? Here. tion. There is only one ROBERT C. quently, which I presume all of us Every Member of this Senate ascribes BYRD. And may I add, it has been an share, which is, it is an outrageous in- to the underlying tenet of our system honor to serve with you now for 20-plus justice that 600,000 residents of Amer- of government; namely, that the Gov- years, to learn from you, to respect ica who happen to live in our Capital ernment of the United States of Amer- your love of the Senate, of the Con- City do not have any voting represen- ica serves only by the consent of its stitution, and to hear you deliver the tation in Congress. citizens, as expressed through their remarks that you have just delivered. Final point. The legislation before us elected representatives. That is us, Mr. BYRD. It has been my honor, my presumes that there will be a legal their elected representatives. Every dear friend. challenge to its constitutionality, and Senator seeks the goal of upholding Mr. LIEBERMAN. Thank you, sir. that will be decided under the expe- and perfecting our representative form In the spirit of your history of great dited procedures provided for in this of government, but the difference lies debate, I nonetheless, and with total legislation, in wording almost exactly in how we seek to effect those rights. respect, rise to oppose the point of similar to that provided in the so- I contend that this is no way to go order brought forth by the Senator called McCain-Feingold landmark cam- about doing it. While the goal in this from Arizona. paign finance reform legislation. The case is laudable, it is a dangerous We have here a contest between two Supreme Court will decide. course on which we embark. Simply provisions of our great Constitution. So if you feel the status quo is un- passing a law that grants voting rights The Senator from Arizona and the Sen- just, I still urge you to vote for this to an entity that is not a State is ator from West Virginia rely on the legislation, even if you wonder about plainly circumventing the provisions of article I, section 2, clause the constitutional basis of it because Constitution. As John Adams noted: 1 that says the House Members be cho- ultimately that is the judgment of one ‘‘Facts are stubborn things.’’ Let me sen by the people of the several States. of the other two branches of our Gov- say that again. This is John Adams Those of us who support the measure ernment that the Supreme Court will talking now, not ROBERT C. BYRD. before us, S. 160, rely instead on article decide. Therefore, I respectfully ask ‘‘Facts are stubborn things.’’ That is I, section 8, clause 17, the so-called Dis- my colleagues to vote no on the point right, I may say to the Senator. trict clause. of order. Facts are stubborn things; and whatever It is true the Constitution does re- The PRESIDING OFFICER. The Sen- may be our wishes, our inclination, or the quire that House Members be elected ator from Arizona. dictates of our passions, they cannot alter by the people of the several States. But Mr. MCCAIN. Mr. President, I am the state of facts and evidence. it is also true Congress has repeatedly aware that the hour has expired. I ask So I say this imperfect method of leg- not applied that language literally. To unanimous consent for 30 seconds. islation employed to amend the Con- fully protect the interests of people liv- The PRESIDING OFFICER. Without stitution has already been met with ing in the Capital City, the Framers objection, it is so ordered. swift opposition and solid opposition. gave Congress extremely broad author- The Senator from Arizona is recog- The text of the legislation anticipates ity over all matters related to the Fed- nized. that very outcome by providing for the eral District under the so-called Dis- Mr. MCCAIN. Mr. President, I cannot Court’s expedited review. And legal trict clause I have referred to. add to the persuasive argument pre- challenges will surely come quickly— Here is where the courts have spoken sented by the most respected Member don’t doubt it—calling into question exactly to where we are now. The of the Senate on constitutional mat- the validity of this legislation, and the courts have said this clause, the Dis- ters and other matters. I thank Sen- fate of the District’s long-sought vot- trict clause, gives Congress extraor- ator BYRD for his opinion. I thank him

VerDate Nov 24 2008 23:43 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.026 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2451 for his many years of service. I know AMENDMENT NO. 579 sions of such to any person or circumstance all of us, however we vote on this issue, Mr. THUNE. Mr. President, I call up shall not be affected thereby. respect and admire his views. Thank my amendment that is at the desk, and (d) EFFECTIVE DATE.—The amendments made by this section shall take effect 90 days you, sir. I ask for its immediate consideration. after the date of enactment of this Act. The PRESIDING OFFICER. Is there Mr. President, I ask for the yeas and Mr. THUNE. Mr. President, my objection to setting aside the pending nays. amendment is a very simple amend- amendment? The PRESIDING OFFICER. Is there a ment. It allows individuals the right to Without objection, it is so ordered. sufficient second? carry a lawfully concealed firearm There appears to be a sufficient sec- The clerk will report. The legislative clerk read as follows: across State lines while at the same ond. time respecting the laws of the host The Senator from South Dakota [Mr. The question is on agreeing to the State. It is very similar to legislation I THUNE], for himself, Mr. VITTER, Mr. GRASS- constitutional point of order raised by introduced earlier, a stand-alone bill, the Senator from Arizona, whether it is LEY, Mr. WICKER, Mr. COBURN, Mr. DEMINT, Mr. INHOFE, Mr. BENNETT, Mr. ENZI, and Mr. S. 371, which currently has 19 Senate well taken. The yeas and nays have RISCH, proposes an amendment numbered cosponsors. been ordered. The clerk will call the 579. As I believe and the Supreme Court roll. The amendment is as follows: found last June, the second amendment The bill clerk called the roll. of the Constitution provides law-abid- Mr. DURBIN. I announce that the (Purpose: To amend chapter 44 of title 18, United States Code, to allow citizens who ing citizens have the right to possess Senator from Massachusetts (Mr. KEN- have concealed carry permits from the firearms in order to defend themselves NEDY) is necessarily absent. State or the District of Columbia in which and their families. As such, I believe a The PRESIDING OFFICER. Are there they reside to carry concealed firearms in State’s border should not be a limit on any other Senators in the Chamber de- another State or the District of Columbia this right. Today, there are 48 States siring to vote? that grants concealed carry permits, if the that have laws permitting some form The result was announced—yeas 36, individual complies with the laws of the of concealed carry. While some States nays 62, as follows: State or the District of Columbia) with concealed carry laws grant reci- [Rollcall Vote No. 67 Leg.] At the appropriate place, insert the fol- procity to permit holders from other lowing: YEAS—36 select States, what my amendment SEC. lll. RESPECTING STATES RIGHTS AND would do is eliminate the need for Alexander Cornyn Kyl CONCEALED CARRY RECIPROCITY Barrasso Crapo Martinez ACT OF 2009. these laws by allowing an individual to Bennett DeMint McCain (a) SHORT TITLE.—This section may be carry a concealed firearm across State Bond Ensign McConnell cited as the ‘‘Respecting States Rights and lines if they either have a valid permit Brownback Enzi Murkowski Bunning Graham Risch Concealed Carry Reciprocity Act of 2009’’. or if under their State of residence Burr Grassley Roberts (b) RECIPROCITY FOR THE CARRYING OF CER- they are legally entitled to do so. Byrd Gregg Sessions TAIN CONCEALED FIREARMS.— After entering another State, the in- Chambliss Hutchison Shelby (1) IN GENERAL.—Chapter 44 of title 18, dividual must respect the laws of the Coburn Inhofe Thune United States Code, is amended by inserting host State as they apply to conceal- Cochran Isakson Vitter after section 926C the following: Corker Johanns Wicker and-carry permits, including the spe- ‘‘§ 926D. Reciprocity for the carrying of cer- cific types of locations in which fire- NAYS—62 tain concealed firearms arms may not be carried. Reliable em- Akaka Hagan Nelson (FL) ‘‘Notwithstanding any provision of the law pirical research shows that States with Baucus Harkin Nelson (NE) of any State or the District of Columbia or concealed carry laws enjoy signifi- Bayh Hatch Pryor political subdivision thereof— Begich Inouye Reed ‘‘(1) a person who is not prohibited by Fed- cantly lower violent crime rates than Bennet Johnson Reid eral law from possessing, transporting, ship- those States that do not. For example, Bingaman Kaufman Rockefeller Boxer Kerry ping, or receiving a firearm, and is carrying for every year a State has a concealed Sanders a valid license or permit which is issued pur- carry law, the murder rate declines by Brown Klobuchar Schumer Burris Kohl suant to the law of any State or the District Shaheen 3 percent, rape by 2 percent, and rob- Cantwell Landrieu Snowe of Columbia and which permits the person to beries by over 2 percent. Cardin Lautenberg carry a concealed firearm, may carry in any Carper Leahy Specter My amendment is relevant to this de- Stabenow State or the District of Columbia a con- bate because it underscores the selec- Casey Levin cealed firearm in accordance with the terms Collins Lieberman Tester tive support that the District of Co- of the license or permit, subject to the laws Conrad Lincoln Udall (CO) lumbia has when it comes to individual Dodd Lugar Udall (NM) of the State or the District of Columbia in Dorgan McCaskill Voinovich which the firearm is carried concerning spe- rights such as the second amendment, Durbin Menendez Warner cific types of locations in which firearms and together with Senator ENSIGN’s Feingold Merkley Webb may not be carried; and amendment will increase these rights. Feinstein Mikulski Whitehouse ‘‘(2) a person who is not prohibited by Fed- Specifically, anytime the word ‘‘State’’ Gillibrand Murray Wyden eral law from possessing, transporting, ship- is mentioned throughout my amend- NOT VOTING—1 ping, or receiving a firearm, and is otherwise ment, DC is also explicitly mentioned Kennedy than as described in paragraph (1) entitled to as well. carry a concealed firearm in and pursuant to The PRESIDING OFFICER. On this My amendment is a common-sense the law of the State or the District of Co- measure that will strengthen public vote, the constitutional point of order lumbia in which the person resides, may safety throughout the Nation. And I is not well taken. carry in any State or the District of Colum- would hope if the Senate is willing to Mr. LIEBERMAN. Mr. President, I bia a concealed firearm in accordance with pass the unconstitutional legislation move to reconsider the vote, and I the laws of the State or the District of Co- that is before us—the underlying bill move to lay that motion on the table. lumbia in which the person resides, subject creating an additional Member of Con- The motion to lay on the table was to the laws of the State or the District of Co- lumbia in which the firearm is carried con- gress within the District of Columbia— agreed to. cerning specific types of locations in which then the Senate should also be able and Mr. LIEBERMAN. Mr. President, I firearms may not be carried.’’. willing to pass amendments which are suggest the absence of a quorum. (2) CLERICAL AMENDMENT.—The table of constitutional and protect each citi- The PRESIDING OFFICER. The sections for chapter 44 of title 18 is amended zen’s second amendment rights. clerk will call the roll. by inserting after the item relating to sec- Mr. President, I urge my colleagues tion 926C the following: The legislative clerk proceeded to to support this amendment, and I yield call the roll. ‘‘926D. Reciprocity for the carrying of cer- the floor. tain concealed firearms.’’. Mr. THUNE. Mr. President, I ask Mr. LIEBERMAN. Mr. President, I unanimous consent that the order for (c) SEVERABILITY.—If any other provision of this Act, another amendment made by suggest the absence of a quorum. the quorum call be rescinded. this Act, or the application of such provision The PRESIDING OFFICER. The The PRESIDING OFFICER (Mr. or amendment to any person or cir- clerk will call the roll. MERKLEY). Without objection, it is so cumstance is held to be unconstitutional, The legislative clerk proceeded to ordered. this section and the application of the provi- call the roll.

VerDate Nov 24 2008 03:00 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.027 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2452 CONGRESSIONAL RECORD — SENATE February 25, 2009 Mr. KYL. Mr. President, I ask unani- in the District of Columbia to be con- The Senator from Arizona (Mr. KYL) pro- mous consent that the order for the tinued in Maryland courts. The amend- poses an amendment numbered 585. quorum call be rescinded. ment also provides that until the next (The amendment is printed in today’s The PRESIDING OFFICER. Without reapportionment, the DC Delegate will RECORD under ‘‘Text of Amendments.’’) objection, it is so ordered. serve as a full Member of the House of Mr. KYL. Mr. President, I note for AMENDMENT NO. 585 Representatives from Maryland. As I the benefit of colleagues that we now (Purpose: To provide for the retrocession of said, there are two conditions that have, I think, two pending amend- the District of Columbia to the State of would have to be satisfied before it ments. Maryland, and for other purposes) takes effect. First, the State of Mary- I urge my Republican colleagues, if Mr. KYL. Mr. President, in a few mo- land would have to enact accepting the they wish to speak to either of these ments I am going to propose an amend- retrocession of the District to Mary- two amendments or to lay down fur- ment. I thought to conserve time that land; and second, amendment XXIII, ther amendments—we have good co- I would simply describe the amend- which currently gives the District operation here on both sides of the ment now, and then as soon as it is three electoral votes in Presidential aisle to move forward with this legisla- copied, I will distribute it and ask elections, would need to be repealed. tion, and if Members who have an in- unanimous consent that the pending The reason for this is that in the ab- terest can be here and express their business be laid aside so that I can sence of such a repeal, amendment views or offer their amendments, we offer that amendment. XXIII might be construed not to be can move through the bill more quick- This is the retrocession amendment. mooted and might be construed to give ly. It is an amendment that has been fre- the very few residents living around I will suggest the absence of a quently offered in the House of Rep- the National Mall three electoral quorum here, but in the event Members resentatives over the years, and it is votes. The intent here is not to capture on the Republican side wish to speak, the alternative to the constitutional anyone who actually has an abode in certainly this would be a good time for mechanism for providing the District that area, but there are some people them to come down and speak to the of Columbia with representation in the who might be living there nonetheless. bill and offer amendments. House and Senate. We believe the amendment is the I suggest the absence of a quorum. Rather than going the constitutional most reasonable means of providing The PRESIDING OFFICER. The amendment route, there is one thing clerk will call the roll. we know we can constitutionally do representation in Congress to the resi- dents of the District. It is a solution The assistant legislative clerk pro- legislatively. Congress has the ability ceeded to call the roll. to retrocede to the State of Maryland that is based on precedent. Obviously, as we all know, in 1846 the part of the Mr. DURBIN. Mr. President, I ask all of the non-Federal areas within the unanimous consent the order for the District of Columbia that adjoin Mary- District south of the Potomac River was retroceded to the Commonwealth quorum call be rescinded. land. The effect of that, obviously, is to The PRESIDING OFFICER. Without give the residents of the District of Co- of Virginia and became Arlington County and old Alexandria. We have objection, it is so ordered. lumbia today the same rights as other Mr. DURBIN. Mr. President, there citizens of Maryland, if this procedure done this before. We know how it works. are several amendments pending. This were to be followed. is a bill which is trying to make his- Under this amendment, it would re- If we adopt the amendment, the resi- tory. I thank Senator LIEBERMAN, Sen- quire an affirmative action of the Leg- dents of Maryland could have a vote in ator HATCH, and others for bringing islature of the State of Maryland, so the House and in the Senate within a this bill to the floor. We have 600,000 that if the Legislature of Maryland did year or two. If we continue down our residents who live right here in the not wish to proceed with this, then it current unconstitutional path, the leg- District of Columbia who do not have a would not occur. It also would require islation will be tied up in litigation for vote. They do not have a vote in the the repeal of the 23rd amendment to several years and, at least in the view House of Representatives nor in the the Constitution, as I will describe in of many of us, then struck down and we Senate. They never have. They were just a moment. But the effect of it is, will be back at the drawing board. Un- as I said, to allow the residents of the like proposals to grant statehood to created as a kind of Capitol District District to enjoy representation in the District of Columbia, retrocession without a voting Congressman, Con- both the House of Representatives and provides representation to the District gresswoman, or Senator. Of course, the the Senate. It would do so without vio- residents in the national legislature people in the District of Columbia pay lating the Constitution’s requirements but without creating a city state that Federal taxes. Their sons and daugh- that only States be represented in Con- would further skew representation in ters take an oath to protect America gress and it would do so without cre- the Senate. and march off to war. At least seven ating a city state that would have dis- In that regard, I would note that the have recently died in Iraq and Afghani- proportionate leverage in Congress and number of people represented in most stan. They are bound by virtually all over the Federal budget. of the congressional districts of the the Federal laws that people in Illinois The amendment provides quite sim- United States exceeds the number of or Oregon or Connecticut would be ply that after certain conditions are people who are residents of the District bound by, but they do not have a voice. satisfied: of Columbia. As State population con- There is no representation of 600,000 The territory ceded to Congress by the tinues to grow, there is every reason to people. I think that is a gross mis- State of Maryland to serve as the District believe that ratio would continue to carriage of justice. I salute those who constituting the permanent seat of the Gov- exist. bring this bill to the floor today to give ernment of the United States is ceded and re- I urge my colleagues to support this the District of Columbia, specifically linquished to the State of Maryland. sensible constitutional means of pro- the 600,000 people who live here, that Retrocession, as I said, includes a viding representation in Congress to voice in Congress. It is long overdue. minor exception for the so-called na- the residents of the District of Colum- But there is an interesting relation- tional areas—the White House, the bia. ship between Congress and the District Capitol building, the Supreme Court At this point I ask unanimous con- of Columbia. Even though they do not building, and the other Federal build- sent that pending business be laid aside have a voice in the Congress, Congress ings and monuments around the Na- for the purpose of offering an amend- has always had a voice in the District. tional Mall. The length of the amend- ment. Congress has assumed a role some- ment is simply due to the fact that The PRESIDING OFFICER. Is there where between Governor and mayor there is a full description in section 3 objection to setting aside the pending when it comes to the District of Colom- of the amendment of the area that amendment? bia. I have seen it when I served in the would remain under the exclusive juris- Without objection, it is so ordered. House and the Senate. A lot of Mem- diction and control of the Congress. The clerk will report the amendment. bers from all over the United States of There is an important transition pro- The assistant legislative clerk read America who secretly long to be may- vision that would allow lawsuits begun as follows: ors get their chance. They come to

VerDate Nov 24 2008 23:43 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.036 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2453 Washington, they come to Congress, and our visitors, wondering at any mo- ited under Federal law. That means and they sit down and they play mayor ment whether someone was going to that DC could not pass a law, for exam- for the District of Columbia. open fire on them. ple, restricting access to guns by those They make all kinds of decisions, de- I can recall not that long ago an in- convicted of misdemeanor sex offenses cisions that do not relate to war and auguration with 2 million people on the involving a child. peace or Federal Government; deci- Mall and the overwhelming concern we That is a fact—because the Federal sions that in most places are going to all had for the safety of everyone in- law does not prohibit that, DC could be confined to mayors and city coun- volved and particularly for our new not. A person convicted of a mis- cils or Governors or legislatures. Peo- President or First Lady, the First demeanor sex offense with a child ple in Congress cannot suppress the Family. I saw the length we went could not be prohibited, under this urge to be mayors, so they make all through to protect them because of the NRA amendment, from owning a fire- kinds of rules for the District of Co- obvious—we live in a dangerous place. arm in the District of Columbia. Make lumbia. Some of them are nothing We live in a dangerous time. A person you feel safer? Would it make anyone short of outrageous. with a gun, if they are willing to lose feel safer? Obviously, some people at They delve into issues which the peo- their own lives, can take out the lives the NRA would. ple in this city ought to decide for of almost anyone. That is a fact. So, is Let me tell you what else. It repeals themselves—zoning issues, issues of there reason for us to be careful when the age limits for legal gun possession. public health, issues that, frankly, we it comes to guns? In my hometown of Now, this is a good one. Let’s basically do not have any business working on. Springfield there is. In the great city of say you cannot tell someone you are But we can’t stop ourselves. These Sen- Chicago that I represent, you bet there too young to own a gun or maybe too ators who want to be mayors get their will be. Kids are getting gunned down old and feeble. It repeals DC’s prohibi- chance. You can be a Senator from an- every day—certainly in Washington, tion on gun possession by anyone who other State, but you can play part- DC, our capital city. was voluntarily committed to a mental time mayor in the District of Colum- Guns need to be taken seriously—I institution in the last 5 years. How bia. won’t say more seriously. Every life is many times have we heard the stories That is one of the good reasons for precious. But when we are entertaining on college campuses, in my State, in this underlying bill, so finally at least visitors from around the world who the State of Virginia, of someone who some person can stand up in the House come to our Washington, DC, U.S. Cap- had a serious mental illness, turned to of Representatives and say: I am rep- itol, we want to offer them protection violence and killed innocent people? resenting these people and these people and safety as they travel. Maybe it is a It happened in Illinois. It happened in do not care for what you are doing to special circumstance here. But this Virginia. It happened in other places. them. town needs to be as safe as possible, for So governments try to keep guns out of Along come a couple of amendments the people arriving here, for the visi- the hands of people who are mentally here. They are in this big constitu- tors, for all of us. unstable. The Ensign amendment tional debate, history making, about So the National Rifle Association has would stop the government of the Dis- the future of Washington, DC, and sev- decided they want to establish the trict of Columbia from imposing that eral of my colleagues cannot suppress standard for firearms in the District of standard when it came to possession of the urge to be mayor. They want to be Columbia. Let me tell you what they a firearm. mayor of the District of Columbia. would do, to give you an idea if they It also repeals, while we are at it, not One of them has come in with a pro- could write the ordinance for guns in just those voluntarily committed to posal relative to firearms in the Dis- the District of Columbia, with the En- mental institutions, but it would re- trict of Columbia. This is offered by sign amendment. There are a few peal the DC government’s prohibition Senator ENSIGN of the State of Nevada things they would like to do. The on gun possession for those who have and about a half dozen or a dozen other amendment would provide: been judged by a court to be chronic al- Republican Senators. Here is what they The District of Columbia government shall coholics; you cannot stop them. Under are trying to do. not have authority to enact laws or regula- this Ensign amendment, they can own They want us to write the ordinances tions that discourage or eliminate the pri- a gun. It is their second amendment for firearms in the District of Colum- vate ownership or use of firearms. right. bia. Are we going to do it in a com- If that is your starting point, listen Well, I will tell you what. That is not mittee hearing? Bring in the police? to what follows. It blocks the District what the Supreme Court said. The Su- Bring in the experts? Sit down and do of Columbia from passing any back- preme Court said reasonable regulation this thoughtfully? No. We are not ground check or registration regula- of firearms was still the standard in going to have any committee hearings. tions, even sensible regulations that America. But I am afraid the Ensign We are going to allow the National are needed to help law enforcement amendment goes way beyond reason- Rifle Association to write the gun ordi- know who is buying guns. So the first able regulation. nance for the District of Columbia. thing the NRA wants to do is say we Well, here is another one. What if Do you want to guess what is going cannot ask you for a background check you had a requirement that before to be in that ordinance? Not much, to find out if you should be able to own someone could buy a gun in the Dis- when it comes to dealing with fire- a firearm in the District of Columbia. trict of Columbia, they had to be able arms. What a great starting point. to see, a vision test. Not unreasonable. I guess you could be sarcastic and It also prevents the District of Co- You want to have a gun or drive a car, say why would you worry about con- lumbia passing laws that require gun you ought to be able to do it safely. trolling firearms in Washington, DC? I proficiency training. It even prohibits This bill would prohibit the District of am not going to be sarcastic because I them from educating parents about Columbia from imposing an onerous can recall a time not that long ago child gun safety. burden that a person has to pass a vi- when a deranged individual brought a You read the stories—we all do— sion test in order to own a firearm. gun into this Capitol building and fa- about children killed when they find a I find this incredible. It is also un- tally injured two Capitol Hill police- firearm at home, play with it, shoot imaginable to me that this law ex- men before he was finally suppressed. themselves or a playmate, a little pressly allows the residents of the Dis- I can recall when a President of the brother or a little sister. This bill trict of Columbia to cross borders into United States at the Washington Hil- would prohibit the District of Colum- our States, buy firearms and come ton hotel on Connecticut Avenue, a bia from establishing gun safety train- back. There is no restriction, no limi- man by the name of Ronald Reagan, ing. tation. was shot down in the District of Co- The amendment would also prohibit Now, I admit it has not worked very lumbia. the DC City Council from taking steps well. There has been a lot of gun vio- I can recall time and again the ef- to unduly burden—that is the language lence in this town, even with that law. forts made, by men and women who are of the bill—the acquisition or use of But why do we want to raise this white Capitol police officers, to protect us firearms by persons not already prohib- flag and say we are not even going to

VerDate Nov 24 2008 23:43 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.037 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2454 CONGRESSIONAL RECORD — SENATE February 25, 2009 try to restrict or limit them? So when cause reasonable people would say to It bans assault weapons and junk the supporters of the Ensign amend- them: Are you out of your mind? They guns used for crime. It prevents per- ment say DC does not need any gun would not say someone judged by the sons with a history of violence within 5 laws because Federal gun laws are court as a chronic alcoholic ought to years from registering a gun. It pre- strong enough, pay attention, they are, be able to buy an assault weapon. Not vents a person convicted of domestic in fact, trying to weaken Federal gun unless you happen to live in the Na- violence or who is the subject of a pro- laws at the very same time they are tion’s Capital, where Senators get to be tective order, within 5 years, from reg- passing this amendment. mayor, where Senators try to write istering a gun. We do not debate guns around here gun laws, where Senators pass ordi- It prevents a person with multiple al- much anymore. We used to. Basically, nances here. It is a shame. cohol-related offenses within 5 years we reached a point where there are not It has been going on for a long time. from registering a gun. It requires that many people who will stick their polit- I am not picking on the sponsors of an applicant for a gun complete a fire- ical necks out to vote for sensible gun this amendment. It has been going on arm safety training course. It limits an control—too big a hassle. The NRA is as long as I have been here. But it does applicant to registering one gun every going to target you back home, and not make any sense. If there was ever 30 days. It bans magazines on guns over you are going to have to spend a lot of a town, and if there was ever a time 10 rounds. It tightens gun dealer licens- money to try to explain to people, as I where we should take the extra meas- ing requirements. It requires all new have, if you want to own a gun, if you ure to be safe, it is this town at this semiautomatic pistols to be stamped so want to use it safely, responsibly, for moment. they can be traced in a crime. self-defense or sporting purposes, your We have to make sure the men and It protects children by requiring reg- right should be protected. women who serve in elected office, the istrants to safely store their firearms, But you also ought to accept the re- wonderful staff people whom we have, and it abolishes concealed carry li- sponsibility, the responsibility to make the millions of visitors who come into censes, except in very narrow cir- certain that people check on your this building come in with peace of cumstances. That is the law if you background so you do not have a crimi- mind, knowing they and their families want to own a gun in the District of nal record, a history of mental illness, are going to be safe, not to worry that Columbia. If you have a legal right to chronic alcoholism. You ought to be some law passed in the Senate is going do so, you have to follow some basic able to limit the kind of guns people to create a shooting gallery right out- rules, commonsense rules, rules that buy. I mean, there are some people in side the Capitol grounds. will be thrown right out the window my State and all over who say you This amendment does not make good with the Ensign amendment. sense. It certainly does not make com- should not limit people. They should be That is not good for the District, it is mon sense. It is not required by the Su- able to buy whatever they want. not good for America. I urge my col- I do not buy that. I have always said, preme Court. It is an amendment that leagues to oppose this amendment. if you need an AK–47 to go deer hunt- basically is an attempt for the Na- I yield the floor. The PRESIDING OFFICER. The Sen- ing, you ought to stick to fishing. Ob- tional Rifle Association to do a little ator from South Carolina. viously, you do not know how to use a temperature check, find out where AMENDMENT NO. 573 gun, you just want to spray bullets they are in this new Congress, to push to the limits the gun issue and to see Mr. DEMINT. Mr. President, I appre- until something stops moving. There who is going to follow it. ciate the comments of the Senator are also limitations in most places as I know a lot of Members who said: from Illinois, and I think it helps to set to where you can take your gun and Well, that is their decision, I respect up some of my comments as well. We how you can use it. I do not think that them for it. But I respectfully disagree. are talking about a bill on DC voting is unreasonable. Let us keep DC safe. Let’s make sure rights that has a lot to do with our Coming from a family, people who all the people who value this city and Constitution. I have an amendment to are hunters and sportsmen, they are the great tradition and heritage of this that that also has a lot to do with our pretty conscientious. They lock up the city take an extra measure to make it Constitution; that is, the right of free guns in the gun cabinet. They know a safe place for visitors, for those who speech and the right of freedom of the when the rabbit season starts and when live here, for kids going to school, for press, what we will call the Broad- the squirrel season starts and they are folks going to church on Sunday. I do casters Freedom Act. out there. They do not want to take not think they deserve anything less. The interesting point about the talk their gun into the mall. It would not If one of those Senators, any one of of my previous colleague is, he was make, in my opinion, sense to them. these Senators want to stand up and talking about the urge to be mayor That gun has a purpose. say: I have proposed this gun ordinance here in the Senate. It is interesting, But there are other people who dis- in my hometown and my home State, I after we just passed this massive stim- agree, people who think this is an abso- think it should apply to Washington, ulus bill, where we were telling not lute right. I am afraid that is what has they would have more credibility. But only mayors but every Governor in the inspired the Ensign amendment. I do without that, they just want to experi- country what they had to do and how not know if Senator ENSIGN or the peo- ment, experiment on a city that for they need to spend their money, to ple, the dozen or so folks who have co- over 200 years has not had a voice in control everything from education to sponsored this amendment, have all this Congress, experiment on a city health care. gone back to their home States and that is a helpless victim, many times We cannot resist the urge to be Gov- said: We hope you will do exactly this. to these political experiments that ernors and mayors and, in fact, we can- My guess is they have not. My guess is people like to try, through Congress, not resist the urge to substitute our Senator ENSIGN has not gone to the on Washington, DC. opinions of what should happen to our mayor of Las Vegas and said: Let’s I urge my colleagues: Read this. Take whole constitutional form of Govern- take all the gun laws out; that ought the time to read this amendment. ment. It is interesting to hear about to help us bring in some tourists. I do Pause and reflect and ask yourself one the guns amendment and the opinions not think he has done that. Maybe he question: Would I want this in my there. I respect the Senator’s opinion has, in all fairness. I will give him his hometown? Is this a standard? I know about the gun laws, what they should chance to respond to that on the floor. some will say yes, but most will say be. But it strikes me as peculiar and fun- no. This is extreme. This goes too far. But the fact is, that what we do here damentally unjust that Senators who The District of Columbia is trying its is not about our opinion, it is about our will not impose these standards in best after the Supreme Court chal- oath of office, of protecting and defend- their own hometowns want to impose lenged and voided one of its ordinances. ing the Constitution. The Constitution them in the District of Columbia. They It rewrote its gun law. It allows for the does not give me a right to decide who do not have the courage to stand in registration of pistols, revolvers, and is going to bear arms. I mean it is a their own hometowns and say: We long guns for self-defense at home. So basic constitutional right. ought to let people with a history of people in the District can have a gun in It does not give us the right to use mental illness have guns. Why? Be- their home for self-defense. our own opinions and good intentions

VerDate Nov 24 2008 23:43 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.039 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2455 on every piece of legislation. One of the overturned this so-called fairness doc- ments and to rearrange the Constitu- reasons as a country we are so much in trine, which was really a radio censor- tion. debt—and this is attributed to both ship act. With that act gone, we have The Federal Communications Com- parties—is we have moved away from seen the development of radio talk mission could actually reimplement any constitutional mooring of limited shows all over the country. One can this radio censorship idea without Con- Government to the point now where it tune in anywhere and get all kinds of gress. That is why my amendment I is whoever’s opinion can prevail is diversity of opinion. will offer tomorrow, the Broadcasters what passes. Frankly, it has become very annoy- Freedom Act, will prohibit the Federal An appeal to the Constitution is al- ing to a lot of Congressmen and Sen- Communications Commission from most irrelevant. There is no way you ators. There is nothing worse than bringing back any part of the radio can interpret the Constitution to say going home and trying to tell people censorship they called at one time the the Federal District of Columbia is one thing, and they actually find out fairness doctrine. going to have Congressmen and Sen- that is not the truth. Increasingly, Some here will say it is not germane ators. Now, I respect an opinion of any- that has been happening with bills we to this debate on DC voting rights. But one who says it should not be that way, are passing, when folks back home find DC voting rights are about the Con- that people who pay taxes should have out through talk radio those guys stitution and whether we will follow it. Congressmen and Senators. But the didn’t even read that bill. The front If we don’t respect the Constitution on fact is, our oath of office is to defend cover of that bill says it is not am- one issue, why should we respect it on the Constitution, not to employ our nesty, but the bill says it is. The Presi- another? The fact that people at the own opinions, to do what we think is dent says there are no earmarks, but FCC and here in Congress are talking right, to get money for our States. open it up and there are thousands of about bringing it back means it is ger- That is a pretty simple judgment to earmarks in the bill. The President mane to this discussion. It is germane make in this case, if we can count, if says he is expanding our energy sup- to everything we do here, the right to we can look at the language of the Con- plies, but then look and see that they freedom of speech. The freedom of the stitution and see something so obvious. actually have a drilling moratorium press is so foundational to our form of Now, sure, we do not like it, we do not that we didn’t know about. government, our way of life, it is ger- like the way it has turned out. There Talk radio has become very annoying mane to everything we do here. are 600,000 people living here and a lot to politicians who don’t want Ameri- This amendment is so important to of people with very good intentions say cans to know the truth. So increas- what we do because if we can’t get the they should have the same rights as ingly a number of people in Congress American people informed and engaged States. But that is our opinion, it is are looking back to that fairness doc- and activated and get them to stand not the Constitution. trine and thinking we need to bring it and express their outrage, this Govern- What worries me about a lot of our back. We need to censor radio talk ment, this Congress, is going to con- rights that are given in the Constitu- shows. We need to create that liability, tinue to violate the Constitution at tion, particularly our Bill of Rights, that risk. Every time someone freely every turn; to substitute their opinion, not only the right to bear arms, which expresses an opinion, that station whether it be the first amendment or people’s opinion is being substituted needs to know that they are liable to second amendment, any time their for the Constitution, but the same make sure another opinion is ex- opinion is different from the Constitu- thing has happened with the right of pressed. tion. Their belief and the prevailing be- free speech, the freedom of the press in Who is going to decide what should lief here in Congress is, if you can pass our country, which has been so instru- be expressed? The Governors and the something, then it is legal. It doesn’t mental to maintaining freedom and the Mayor in Washington? In fact, what we matter if it violates the Constitution. ability of the American people to be are finding out is so many people on What will matter is if the American vigilant over their Government, find- the other side can’t resist the urge to people know what we are doing. They ing out what is going on here. be Founding Fathers. They want to are going to stand up. They will e-mail. Back in 1949, the Federal Govern- change the Constitution and change They will call. They will express their ment implemented what was called the what it means and ignore it. But free- outrage to these people who are taking fairness doctrine over concerns that dom of speech is so important. The fact our constitutional rights every day. with the relatively few number of radio is, people in this Senate who swore an They are going to hear from the people stations across the country, a diversity oath to the Constitution are actually back home, and they will back down or of opinion would not be heard. advocating bringing back radio censor- they will be brought home at the next Substituting our own good opinion ship and certainly will eventually election. for that of the Constitution, there are apply it to the blogosphere and the That is why radio freedom, freedom some in Washington who decided we Web. They will not stop with radio talk of the press, talk radio, bloggers, cable needed to referee what was said on shows. We need to act to make sure TV, all these alternative media that radio. this oppression, this tyranny is not re- are going around, the New York Times If one political opinion was ex- imposed on the American people. and the other liberal press, and taking pressed, the fairness doctrine required It is not just important to protect the truth and the facts to the Amer- that they have an opposite opinion also what radio talk show hosts can say. ican people is something we have to expressed. The whole idea was to create What we are really trying to protect is protect with our lives in Congress. The a diversity of points of view. The fact what millions of Americans are free to broadcasters freedom amendment that is, as with many things we do here, it listen to: different opinions, facts, in- will be offered tomorrow is critically had exactly the opposite effect of what formation about where to find more important to what we do. was intended. It put a chilling effect on complete information about what is I urge all of my colleagues, don’t buy political speech because what radio going on. The primary reason more and these lame arguments that it is not station would want to deal with the li- more Americans are standing up and germane to this constitutional debate. ability of expressing an opinion if are outraged about what is going on Don’t buy the argument that it is not someone else was going to come in and here is because they are finally finding relevant because no one is bringing it say they had to have somebody else ex- out the truth about what we are doing, up. We have seen what people can press a different opinion? It violates how much money we are spending, how sneak into bills that we don’t get a the right of free speech and, in the much we are borrowing, the porkbarrel chance to read. We need to make it a process, actually puts a chilling effect earmarks we are sending all over the law that the FCC or this Congress can- on the development of political points country, basically changing the mis- not implement any aspect of the fair- of view in radio. sion of the Federal Government from ness doctrine. That is what this amend- In 1987, it had become obvious what one that stands for the national inter- ment is about. this was doing. Thousands of radio sta- est and constitutional government to I urge colleagues to take the Con- tions were developing all over the one that is essentially trying to run stitution seriously, take this amend- country. The Reagan administration local governments and State govern- ment seriously. Vote for it and show

VerDate Nov 24 2008 23:43 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.040 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2456 CONGRESSIONAL RECORD — SENATE February 25, 2009 the American people that we will stand treat the District, as if we have the regarding gun ownership that I believe for their constitutional rights. right not only to deprive it of voting this body should respect, just as I I yield the floor. representation in the House of Rep- would want this body to respect the The PRESIDING OFFICER. The Sen- resentatives—600,000 residents without laws of my State with regard to guns ator from Illinois. voting representation, no government or anything else. As I will explain in a Mr. BURRIS. Mr. President, I rise to with consent of the governed—but we moment, in fact, the District of Colum- support the District of Columbia House exercise, by this amendment, if it bia has enacted new gun laws in re- Voting Rights Act. For too long poli- passes, the right to intervene in the sponse to the court case of DC v. Hell- tics has trumped basic fairness. This is District when its own legislative body, er. Congress should not be singling out not a bill for statehood but one that the council, has legislated and impose particular States and localities to re- ensures the simple and long overdue our desires on them. peal their laws on guns or anything right of American citizens to have a Let me come back to my first point. else. voice in their Government. It is the The amendment is unrelated to the DC This is not a uniform nationwide duty of any democracy to have every House Voting Rights Act. We should standard that will be adopted if the En- citizen represented. America is a model not be adding controversial, non-ger- sign amendment passes. This is a law for democracy around the world. Right mane issues to what I believe is a his- with regard to guns for the District of here at home in our own Capital City toric civil rights bill that finally nul- Columbia. It is as if a law of my State almost 600,000 Americans live without lifies what has gone on for most of of Connecticut was challenged in the a full vote in their Government. Pas- American history, which is a voting Supreme Court, and it was invalidated, sage of this bill is a matter of funda- rights injustice. Residents of the Dis- and actually my legislature then re- mental rights. Citizens of Washington, trict have fought for decades to win the sponded to the constitutional invalida- DC, pay taxes like everyone else, but voting rights the rest of us take for tion by adopting a law which they be- they have no voice in how their taxes granted. It has taken tremendous work lieved was consistent with the Supreme are spent. The phrase ‘‘no taxation over more than this year to get this Court decision, but then we in Congress without representation’’ used by the bill to where it is today, to enable us to came along and said: No, Connecticut, original Thirteen Colonies is every bit actually be on the Senate floor debat- that is not enough. We are going to tell as relevant today. ing a voting rights bill. you exactly what your law should be— The residents of our Capital City pay We had a good debate earlier on a not for the entire United States of one of the highest tax rates in the Na- constitutional point of order raised by America but for the State of Con- tion, but they do not have a single vot- the Senator from Arizona, Mr. MCCAIN, necticut. I would be outraged. Any ing representative in either House of that went to the heart of the bill. That Member of this Chamber would be out- Congress. Unlike every other city in is what we ought to be debating. That raged if we did to one of our States America, Washington, DC, is forced to point of order was rejected, but it was what this amendment proposes to do to remain dependent upon Congress for relevant to what we are all about in S. the District. It is just not fair, and it is even the most basic functions. Con- 160. Congress has on many occasions, of not consistent with our basic principles gress has control over DC’s local budg- course, debated legislation related to of limited Federal Government and the et. Congress can review and overturn gun ownership, which is the subject of rights of States and localities to legis- laws that DC residents pass. Even more the Ensign amendment, unrelated to late for themselves. That is my second point. Congress important to consider is the brave the DC House Voting Rights Act. No should not limit the District’s ability service and sacrifice Washington’s men doubt we will have the opportunity to to enact laws of its own regarding guns and women in uniform make in serving debate the issue of gun ownership and or anything else. our Nation in the Armed Forces. These gun rights in the future. Opponents The third point is this: This amend- great patriots deserve full participa- have raised relevant concerns about ment is actually outdated. The Ensign tion in Congress. the constitutionality and appropriate- amendment is the same as legislation The foundation of our system of gov- ness of the legislation we are consid- that passed the House last September ernment is that all citizens are rep- ering. That is what we should be debat- to remove restrictions on gun owner- resented in the Federal Government. ing, not gun legislation. ship in the District. But there is an im- Today we must make good on the I fear, of course, in doing so, what we portant point that has been left out promise and grant full and fair rep- are doing on the Ensign amendment is here. resentation to the people of Wash- we are going to cloud the prospects for Last month, January, the District’s ington, DC. this bill with controversial, unrelated government enacted new gun laws that This issue has been around a long amendments that take us from the are their response to the holding of the time. Finally, in this bill, we have a focus here, which is that 600,000 Ameri- Supreme Court in the DC v. Heller de- balanced and sensible approach, one cans do not have voting representation cision. The Heller decision struck down seat for the District of Columbia and in Congress. several provisions of the District’s pre- one additional seat for the State of Second, I believe Congress should not vious municipal code regarding guns. Utah. limit the District’s ability to enact its The decision particularly invalidated I urge passage of this bill to give full, own measures with regard to gun vio- the District’s handgun ban and trigger equal voice to the residents of this Dis- lence. Some Senators, Members of this lock-storage requirement. But con- trict and allow those 600,000 citizens to body, may believe as a policy matter sistent with the newly enacted District finally become full members of our Re- that the District’s gun laws are not of Columbia law adopted by the coun- public. adequate, not correct, but the Dis- cil, those provisions are no longer in I yield the floor. trict’s gun laws have no effect whatso- the law. So the Ensign amendment, in AMENDMENT NO. 575 ever on the varying gun ownership laws fact, is outdated. In fact, if you look The PRESIDING OFFICER (Mr. of the States. The fact is that none of carefully at this amendment, it repeals BURRIS). The Senator from Con- our constituents—not one of our con- and modifies provisions that used to be necticut. stituents—will be affected or is af- in the DC law but no longer are be- Mr. LIEBERMAN. Mr. President, I fected by the gun laws of the District cause the recent enactment of the DC rise to oppose the amendment offered of Columbia. We do not represent any- City Council removed those provisions by the Senator from Nevada, Mr. EN- body who is a resident and voter in the of the law. SIGN, with regard to gun control. I do District of Columbia. So my third point is the Ensign so for five reasons. The gun rights of residents of other amendment is outdated and does not First, this amendment is completely States are guided and controlled and relate to the reality that has been cre- unrelated to the DC House Voting enabled pursuant to the laws and regu- ated by the District’s City Council Rights Act before us today. If it bears lations enacted by the elected officials itself. any relationship to this bill, it is in an and executive officials in those States. Fourth, let me talk about the Dis- inadvertent, unintended way to make Likewise, the elected officials of the trict’s new gun measures and their re- the point of how badly we in Congress District of Columbia have enacted laws lationship to the Heller decision. The

VerDate Nov 24 2008 23:43 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.041 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2457 Supreme Court made clear in its deci- ‘‘shall not have authority to enact laws So regardless of your position on gun sion in Heller that the second amend- or regulations that discourage or elimi- control—and I state again, I have al- ment meant something. It is something nate the private ownership or use of ways believed the second amendment this Senator has always felt. There is a firearms.’’ Potentially, this could pre- has meaning, that it makes constitu- constitutional right to bear arms. But vent the District from passing legisla- tional the right to bear arms, but that that right, I have always felt, is no tion regarding background checks, it is not unlimited—this amendment more unlimited than any other right in which have been widely accepted by comes close to a judgment that the sec- the Constitution, including the funda- courts, or registration regulations that ond amendment really is unlimited. So mental—I would almost say sacred— are needed to help law enforcement that is why I, on its merits, think it rights in the first amendment. Those keep tabs of who is buying and owning goes too far. are not unlimited either, as we know. guns in the District. But whatever you think of the mer- So the Supreme Court decision said The Ensign amendment repeals DC’s its, if you really believe in helping that the total bans in the DC law on ban on sniper rifles that can pierce eliminate one of the last vestiges of gun ownership, possession of guns in armor plating up to a mile away and voting rights blocks in our country— the home, were unconstitutional and its ban on military-style semiauto- when you think about it, when the violative of the second amendment. matic weapons and high-capacity am- Constitution was adopted, people of But the decision also made clear that munition magazines. color could not vote. Good God, people reasonable regulation of gun ownership The amendment repeals DC’s require- of color were only counted as three- was permissible. ments—modeled on a California law fifths of people who were White. This amendment essentially invali- which has been strongly supported by Woman could not vote. A lot of men dates a whole series of what I believe law enforcement agencies—that semi- could not vote if they were not prop- the Supreme Court would find to be automatic pistols manufactured after erty owners. And over the years, on reasonable regulations of gun owner- January 1, 2011, be microstamp-ready. this journey of ours, from the ideals in ship and again does not acknowledge Microstamping is a law enforcement our Declaration of Independence, we what the DC City Council has done. tool that helps solve gun crimes by im- have gone forward to eliminate one The gun laws the District passed last printing shell casings with a unique after another block to the reality that month restore the right of gun owner- identifier so they can quickly be the Government was premised on that ship for self-defense in homes here in matched to the handguns that fire you would not have governing without them. the District and amend the District’s the consent of the governed. Yet this The Ensign amendment also repeals safe-storage requirements so that a bizarre anomaly remains in our Na- the District’s age limits for legal gun firearm no longer needs to be kept tion’s Capital where people are de- bound by a trigger lock within the possession. Imagine how we would feel in my State of Connecticut or in the prived of the right to have a voting home. The District’s new gun law per- Presiding Officer’s State of Illinois if representative here. manently repealed DC’s ban on semi- So I appeal to my colleagues, what- Congress came along and told us how automatic firearms and permits resi- ever your position on gun ownership to write laws for our States. dents to own semiautomatic pistols. If This amendment repeals the District and gun violence, whatever your posi- you look at the Ensign amendment, of Columbia’s prohibition on gun pos- tion on the amendment offered by the you would not believe that was true. In session by anyone who was voluntarily Senator from Nevada, please don’t fact, in the Inoperable Pistol Amend- committed to a mental institution in stand in the doorway, as Bob Dylan ment Act of 2008, the city of the Dis- the last 5 years. It repeals the Dis- once sang, and block this underlying trict of Columbia provided a self-de- trict’s prohibition on gun possession bill or cause it to become more con- fense exception to allow residents with for those who have been adjudicated as troversial than it should be. registered firearms to carry these chronic alcoholics and those who have I thank my colleagues, I thank the weapons lawfully in their homes or failed a vision test. This would be—I do Chair, and I yield the floor. places of business. Additionally, the not even want to say it. It is shocking. The PRESIDING OFFICER. The Sen- Firearms Control Amendment Act of The amendment also weakens Fed- ator from Utah. 2008 exempted from the registration re- eral law. Federal law prohibits gun Mr. BENNETT. Mr. President, I ask quirement ‘‘[a]ny person who tempo- dealers from selling handguns directly unanimous consent to speak for 10 min- rarily possesses a firearm registered to to out-of-State consumer buyers be- utes. another person while in the home of cause of the high risk this creates for The PRESIDING OFFICER. Without the registrant’’ if that person believes interstate gun trafficking. But this objection, it is so ordered. they are in imminent danger. So these amendment would allow DC residents Mr. BENNETT. I ask the Chair to no- are the very real rights of gun owners to cross State lines to buy handguns in tify me when I have consumed 8 min- that are now enshrined, adopted in the neighboring States, undermining those utes. DC law that has been passed. Federal antitrafficking laws. The PRESIDING OFFICER. The My fifth point is this, and I referred It is no surprise that the chief of po- Chair will do so. to it a moment ago: The Ensign amend- lice of the District of Columbia, Cathy Mr. BENNETT. Mr. President, I have ment goes much further than the Su- Lanier, has testified that the legisla- two items I wish to discuss, one that preme Court did in limiting the right tion on which the Ensign amendment has already been raised on the floor by of localities, States, and municipalities is based would undermine safety and my friend, Senator DEMINT, with re- to regulate gun ownership while recog- security in the Nation’s Capital. spect to his proposed amendment No. nizing the second amendment constitu- So those are five reasons why I be- 573 to the underlying bill. As I under- tional right to bear arms. In fact, Jus- lieve this amendment should not be stand it, Senator DEMINT will be offer- tice Scalia wrote the majority opinion adopted. But as the chairman of the ing an amendment dealing with the in the Heller case, and he specifically committee that has reported out the fairness rule. I was a cosponsor of this noted that a wide range of gun laws underlying bill and as somebody who legislation in the last Congress and I would be lawful and not violative of personally has worked for a lot of years am happy to support it in this Con- the second amendment—everything to try to right this wrong on the resi- gress; that is, the position that says we from laws ‘‘forbidding the carrying of dents of the District of Columbia, our should not allow the FCC to reinforce firearms in sensitive places’’ to ‘‘condi- Nation’s Capital—the capital of the what has been called the fairness rule tions and qualifications on the com- greatest democracy in the world—not that was dropped some years ago. Who mercial sale of arms.’’ having a voting representative in Con- can be against fairness? Well, I am in The amendment offered by my col- gress, I just think this amendment, favor of fairness, but I am opposed to league from Nevada would overturn leaving aside its merits or demerits, censorship, under the mislabeling that provisions that the Heller decision did adds something to this historic piece of we have here, the fairness doctrine is not address and did not strike down. legislation that just does not belong nothing more than censorship. The This amendment provides that the and may, along the way, complicate its Federal Government would say to a government of the District of Columbia path to passage. radio or television broadcaster we have

VerDate Nov 24 2008 23:43 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.043 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2458 CONGRESSIONAL RECORD — SENATE February 25, 2009 determined that the broadcasting that The Senator from Oklahoma [Mr. that will happen as we make this the you have been doing is not fair and so COBURN] proposes an amendment num- center of progress based on the idea you are going to be ordered by the Gov- bered 581. that because there is no representa- ernment to present a different point of Mr. COBURN. Mr. President, I ask tion, there should be no Federal tax- view on your show and we will deter- unanimous consent that the reading of ation. It is a very simple, straight- mine whether it is fair or it is not. The the amendment be dispensed with. forward amendment. It solves the im- fairness doctrine was imposed on the The PRESIDING OFFICER. Without mediate problem. When we finally do a grounds that radio was such a perva- objection, it is so ordered. constitutional amendment with a joint sive medium that anything that was The amendment is as follows: resolution, which we are ultimately said on radio regarding politics should (Purpose: In the nature of a substitute) going to have to do, what we will have be balanced by someone who holds a Strike all after the enacting clause and in- done is given the people of the District different point of view. Right away, sert the following: of Columbia the benefit of having a tax this raises the question of how many SECTION 1. ELIMINATION OF FEDERAL INCOME advantage because they don’t have, points of view? TAX FOR RESIDENTS OF THE DIS- under their thinking, representation in TRICT OF COLUMBIA. the Congress. We have seen Presidential elections Due to the unique status of the District of where we had President Clinton, where Columbia, created by the Constitution of the I am not trying to have a cute vote. we had Pat Buchanan, where we had United States, bona fide residents of the Dis- If I had my way, I would try to elimi- Ralph Nader, and some minor can- trict (other than Members of Congress) shall, nate almost every Federal income tax. didates, and who determines which one notwithstanding any other provision of law, As the Senator from New York knows, is important enough to qualify for a be exempt from the individual Federal in- I try to do that quite often, and try to fairness opportunity on radio? Accord- come tax for taxable years beginning after eliminate a lot of spending. The whole ing to the so called Fairness Doctrine, the date of the enactment of this Act. point being, there is a legitimate point the government determines. Who de- Mr. COBURN. Mr. President, I know to be made by the citizens of the Dis- termines, therefore, what is one posi- my colleague from New York wishes to trict of Columbia in that they are tion that deserves putting down so that speak and I will be very brief. I should treated differently than everybody else other positions can be raised in the not take more than 10 minutes. in this country. My argument is they name of fairness? The Federal Govern- We are in a debate about the District actually have 535 representatives plus ment. What do we get into when the of Columbia and the fact that they are their Delegate, and it has shown to be Federal Government has the authority taxed and not represented with a vote very effective for them, because no to make these kinds of decisions? in the Congress. It is a legitimate de- place else in the country gets as much Again, there is a word for it and it is bate. I tend to look at the Constitution Federal money per capita as the Dis- called censorship. and, as a matter of fact, as I read the trict of Columbia. So if we want to One way to deal with an argument, to Constitution—and I am not a constitu- treat the citizens of the District of Co- use the Latin phrase ‘‘reductio ad ab- tional lawyer, but I will tell my col- lumbia fairly—by the way, this ex- surdum,’’ which means ‘‘reduce it to an leagues that anybody who reads the cludes all Members of Congress, so if absurdity.’’ Take it to its ultimate end. Constitution can say this is an uncon- my colleagues are thinking about vot- If we are going to take the Fairness stitutional bill we have in front of us. ing for it for a selfish reason, please Doctrine to it’s ultimate end, then we I also reject the idea that the Dis- don’t. If you are thinking about voting are going to say to the late night co- trict of Columbia does not have rep- for this amendment on the basis of medians, when you make a joke about resentation. All one has to do is look fairness, please consider it. at the facts: $66,000 per resident of the a Democrat, since you are on the air- AMENDMENT NO. 575 waves, you must make a joke of equiv- District of Columbia, that is how much I wish to take a few more minutes to alent nastiness about a Republican. money the Federal Government spends comment on the Ensign amendment, if When you put down the President, you per capita in the District of Columbia. I might, and then I will finish. The En- must find an equivalent Republican fig- That is $5.5 for every dollar they pay in sign amendment isn’t about concealed ure to put down in the name of fair- taxes. So the 535 votes in the Congress carrying, it is about the right that is ness. The consequence of all of that, of have well represented them greater guaranteed under the second amend- course, if it were enforced, would be than any other group of citizens in the ment to be applied to people in the Dis- that the late night comedians get shut country. But there is a claim—a legiti- trict of Columbia. down all together. mate claim—that they don’t have their James Madison wrote in Federalist We have already had an opportunity own representative and that they are No. 46: for fairness, if you will, with respect to taxed. Besides the advantage of being armed, This is a simple amendment. What it talk radio. When a group of people got which the Americans possess over the people says is while we work this out, the way together and financed a liberal talk of almost every other nation . . . forms a to be fair is to eliminate Federal in- show host—one who aspires to enter barrier against the enterprises of ambition, come tax on citizens of the District of more insurmountable than any which a sim- this body at some time—the public Columbia. They don’t have a vote. ple government of any form can admit of. spoke. The station went out of busi- Their tags even say taxation without If you look at the murder rate in the ness. Let the public decide what they representation is unfair; no taxation District of Columbia, what happened are going to listen to and let the public without representation. This solves when the gun ban in 1975 was first in- decide how they are going to pick. that. They will have to change all of stituted, we didn’t see it rise that There are so many outlets for different the auto tags. I don’t know what that much because we allowed people to points of view that we do not need to will cost. But the fact is we will take keep their guns. When the complete go back to the Fairness Doctrine and away Federal income taxes on money ban took place, we saw a fivefold rise impose Government censorship on the earned in the District of Columbia that is still going up—except for the way people think and respond. from every citizen of the District of Co- last 2 years—in the murder rate com- The PRESIDING OFFICER. The Sen- lumbia. pared to the rest of the cities in this ator from Oklahoma. Now, two things happen with that, country. There is something to be said AMENDMENT NO. 581 especially since they have 535 rep- for the thinking that a perpetrator of a Mr. COBURN. Mr. President, I ask resentatives already. Think about what felony thinks he or she may possibly be unanimous consent that the pending will happen to the District of Columbia harmed significantly. That tends to amendment be set aside and that in terms of income. Think about what drive down violent crime—we know amendment No. 581 be called up. will happen to the District of Columbia that—in the States that have con- The PRESIDING OFFICER. Is there in terms of economic progress. Think cealed carry, and that, I believe, is 26 objection? about what will happen in terms of the or 28 States. It may be even more than Without objection, it is so ordered. value of the ownership of any asset in that now. The clerk will report the amendment. the District of Columbia. Think of the The fact is, this isn’t about concealed The bill clerk read as follows: growth. Think of the modernization carry; this is about guaranteeing the

VerDate Nov 24 2008 23:43 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.044 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2459 rights of individual citizens in the Dis- tainly agree with, I believe Oliver Wen- oming, or Nebraska. It is clear that trict of Columbia to represent them- dell Holmes, who said: You cannot firearms cause far more damage in the selves with a right that every other falsely scream fire in a crowded the- District of Columbia than they do in citizen in this country has. Because ater. So those are limitations on the many other States. Why shouldn’t the Congress didn’t act on that right, it first amendment. I say to my friends in citizens of the District of Columbia took the Heller decision to give them the pro-gun movement, if every other have the right to determine, within that right. All this does is bring into amendment has limitations, such as constitutional confines, how those fire- line the District of Columbia with the the first, fourth, fifth, sixth—and many arms may be used and who may have rest of the States in the country. I will on that side of the aisle are for more them? If you are for a State being able have taken the amount of time that I strict limitations on those amend- to decide so many other policies, and should in favor of Senator SCHUMER. I ments than we might be—how is it that you don’t like the encroaching Federal thank him very much for the consider- the second amendment should not have Government, why is it different for ation of allowing me to go first. I any limitation? guns? I guess that is at the nub of the thank the chairman of the committee This proposal by Senator ENSIGN, my Ensign amendment, Mr. President. as well. friend from Nevada, just shows the ab- Somehow the sponsor of this amend- The PRESIDING OFFICER. The Sen- surdity of that argument because there ment seems to believe that guns are ator from New York is recognized. are things in this amendment that peo- different from everything else. The Mr. SCHUMER. Mr. President, I rise ple would say defy common sense. It supporters of this amendment seem to in opposition to a dangerous amend- defies common sense to say someone believe that guns are different from ev- ment that would go far beyond author- who was voluntarily committed to a erything else—limitations on every izing gun possession for self-defense in mental institution should be allowed to other amendment but not the second the home and create serious threats to get a gun. It defies common sense to amendment. States rights is a good public safety, and that is the Ensign say someone who can’t pass a sight test thing, but not when it comes to the amendment. should have a right to a gun. It defies States’ or localities’ view to regulate First, I support the Lieberman bill to common sense to say a 10-year-old has guns. Why is it different? bring representation to the District of a right to carry a shotgun. Yet in the If you want to cite the Heller case in Columbia, which seems to be in total defense of an overly expansive view of defense of the individual right to bear keeping with what America is all the second amendment, even conceding arms, the Heller case also says—Jus- about. I just say to my good friend that it does apply to these individuals, tice Scalia—that restrictions on fire- from Oklahoma that representation, of my colleague from Nevada wishes to arms that are reasonable, like bans on course, involves dealing with taxation, say those things. Again, how many peo- mentally ill people having access to but it involves many other things. To ple in America think if you fail a sight guns, are constitutional and could be, simply say the people of the District of test, you should have a right to a gun? and should be, decided by the citizens Columbia don’t have to pay any taxes You might say some sight tests are of Washington, DC. but would be deprived of other rights in faulty. Well, change the test. How So this amendment, make no mis- these Chambers, to me, is not what many people would say someone who take about it, if passed, will lead to this bill is all about. It is a fine bill and has been in a mental institution—vol- needless maiming and deaths. It is a se- a long overdue bill. It is a compromise, untarily committed—should have the rious amendment; it is not frivolous. It obviously. But it is one that moves us right to have a gun? goes way beyond a political statement up the steps to gaining representation This is about Washington, DC, but on an important bill. I hope my col- for the hundreds of thousands of the didn’t we learn on the campus of Vir- leagues will rise to the occasion and re- hard-working, taxpaying citizens of the ginia Tech about the destructive link ject it. District of Columbia. when mentally ill people are allowed to I yield the floor. Now, of course, we are getting into acquire guns? Wasn’t the country in an The PRESIDING OFFICER. The Sen- the sort of season of irrelevant or con- uproar about that? Yet here, just a few ator from Connecticut. troversial amendments. The Ensign short years later, as parents of those Mr. LIEBERMAN. Mr. President, I amendment is certainly the second of slain students are still mourning, we suggest the absence of a quorum. those. Let me say this: The Heller case are about to say in the District of Co- The PRESIDING OFFICER. The basically said there is an individual lumbia, a neighboring jurisdiction, if clerk will call the roll. The legislative clerk proceeded to right to bear arms. I have some degree you not just have a mental illness, but of sympathy with those who are in the call the roll. it has to be pretty significant if you Mr. LIEBERMAN. Mr. President, I pro-gun movement who say: Hey, so have been in a mental institution, you ask unanimous consent the order for many Americans look to expand the should have a right to have a gun. the quorum call be rescinded. first amendment, the fourth amend- So all we are trying to do in opposing The PRESIDING OFFICER (Mr. NEL- ment, and the fifth and sixth amend- the Ensign amendment is invoke com- SON of Florida). Without objection, it is mon sense. We are not getting into the ments broadly, and then see the second so ordered. amendment through a narrow pinhole, discussion of whether the second Mr. LIEBERMAN. Mr. President, I saying that it is only involving mili- amendment applies to individuals or have a unanimous consent to offer that tias. just to those in militias. The Supreme has been cleared on both sides. It is as If you believe in a broad and expan- Court has ruled on that. We are saying follows: sive Constitution, how is it that just to our friends, just as they get up on I ask unanimous consent that at 5:45 one of them is perceived as narrow as the floor and advocate limitations on p.m. today, the Senate proceed to vote possible? The Heller decision says it is every other amendment, it is con- in relation to the Coburn amendment not just militias that have a right to tradictory to say the second amend- No. 581, with the time until then equal- bear arms, or members of them, but in- ment should not have the most reason- ly divided and controlled between Sen- dividuals. But every Justice in that able of limitations. There can’t be a ators COBURN and LIEBERMAN or their case, including Justice Scalia, made more reasonable restriction than the designees, and that no amendment be the opposite point. Just as those in the requirement that someone be required in order to the Coburn amendment pro-gun movement have some justifica- to see before they are allowed on the prior to the vote in relation to the tion in saying it is unfair to regard streets with a gun. It just doesn’t make amendment. every amendment expansively except sense. The PRESIDING OFFICER. Without the second, those of us who believe One other point: My colleagues on objection, it is so ordered. more in gun control have the right to the other side of the aisle tend to advo- Mr. LIEBERMAN. Mr. President, I say that every amendment has a limi- cate for States rights in the broad bal- suggest the absence of a quorum. tation. ance of things. The States should have The PRESIDING OFFICER. The I am a strong believer in the first the ability to make these decisions. It clerk will call the roll. amendment, but I don’t vote against is clear the District of Columbia, with The assistant legislative clerk pro- libel laws or pornography laws. I cer- its high crime rate, is not Nevada, Wy- ceeded to call the roll.

VerDate Nov 24 2008 23:43 Feb 25, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.054 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2460 CONGRESSIONAL RECORD — SENATE February 25, 2009 Mr. LIEBERMAN. Mr. President, I I also say that if the amendment The result was announced—yeas 7, ask unanimous consent that the order passed, we would have yet another nays 91, as follows: for the quorum call be rescinded. enormous gap, and this gap we now [Rollcall Vote No. 68 Leg.] The PRESIDING OFFICER. Without have between Federal expenditures and YEAS—7 objection, it is so ordered. revenues would grow even larger. Bunning DeMint Wicker Mr. LIEBERMAN. Mr. President, I So perhaps Senator COBURN is mak- Burr Graham ask unanimous consent that I be al- ing a point, but it is not one that I be- Coburn Kyl lowed to speak for a few minutes or lieve we ought to adopt in an amend- NAYS—91 ment; therefore, I would urge my col- until Senator COBURN arrives, which- Akaka Feingold Mikulski ever event occurs earlier. leagues to oppose the amendment. Alexander Feinstein Murkowski The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- Barrasso Gillibrand Murray objection, it is so ordered. ator from Arizona is recognized. Baucus Grassley Nelson (FL) Bayh Gregg Nelson (NE) AMENDMENT NO. 581 Mr. KYL. Mr. President, I would like Begich Hagan Pryor Mr. LIEBERMAN. I thank the Chair. to ask my colleague from Connecticut Bennet Harkin a question or two about this. First of Reed I rise to speak against Coburn Bennett Hatch Reid Bingaman Hutchison amendment No. 581. I suppose that in all, I think it is correct that all of us Risch Bond Inhofe would like to see a way, a proper way— Roberts part I should say that this amendment, Boxer Inouye sponsored as it is by an opponent of the and we disagree about what that way Brown Isakson Rockefeller Sanders underlying bill, accepts one of the is—for the residents of the District of Brownback Johanns Columbia to have a full franchise in Burris Johnson Schumer major contentions we are making Sessions terms of congressional representation. Byrd Kaufman about the inequity of the current situa- Cantwell Kerry Shaheen tion, which is that the 600,000 residents Failing that, I think Senator COBURN Cardin Klobuchar Shelby was simply saying they should not Snowe of the District of Columbia, uniquely Carper Kohl have to pay taxes. Casey Landrieu Specter among all Americans, do not have vot- I was wondering myself about poten- Chambliss Lautenberg Stabenow ing representation in Congress. None- tially a second-degree amendment that Cochran Leahy Tester Collins Levin Thune theless, they are taxed. I mean, this might give that option to other States goes back to one of the early American Conrad Lieberman Udall (CO) or congressional districts on the theory Corker Lincoln Udall (NM) Revolutionary slogans or principles, that maybe this would be a two-fer for Cornyn Lugar Vitter which is ‘‘taxation without representa- Crapo Martinez Voinovich their constituents: they could vote to Dodd tion is tyranny.’’ Our proposal, S. 160, McCain Warner get rid of their Congressman and the Dorgan McCaskill Webb the House Voting Rights Act, responds Durbin McConnell income tax. I wonder if my colleague Whitehouse to that inequity by providing for vot- would have an idea about such an Ensign Menendez Enzi Merkley Wyden ing representation in the House of Rep- amendment. resentatives for the District of Colum- Mr. LIEBERMAN. To my friend from NOT VOTING—1 bia. The Coburn amendment takes the Arizona, I do have some ideas about Kennedy opposite view and says that since the such an amendment, but I guess it The amendment (No. 581) was re- District does not have representation, would be best to not verbalize them on jected. well, by God, they should not be sub- the floor. Mr. LIEBERMAN. Mr. President, I ject to taxation. So it would eliminate Actually, we are at a time in our his- move to reconsider the vote, and I the Federal tax. This amendment tory, difficult as it is economically, move to lay that motion on the table. would eliminate Federal taxes for DC where I think people are turning to the The motion to lay on the table was residents. But that is not what DC resi- Federal Government and asking for not agreed to. dents are asking or we are offering on such a free ride but asking for help. Mr. LIEBERMAN. Mr. President, I their behalf. I mean, the point of this is There is a wonderful word; I do not suggest the absence of a quorum. that residents of the District of Colum- know if it is in the dictionary; the The PRESIDING OFFICER. The bia do pay taxes. They pay higher per word is ‘‘deviltry.’’ It is another way to clerk will call the roll. capita taxes to the Federal Govern- say mischievous or mischief. The bill clerk proceeded to call the ment than any other entity but one. I think our friend from Oklahoma roll. They are second highest, approxi- may be up to a little deviltry with this Mr. AKAKA. Mr. President, I ask mately $20 billion a year. amendment. unanimous consent that the order for Second, they not only have been con- Mr. KYL. I think the Senator from the quorum call be rescinded. scripted into our military services, but Connecticut is probably right about The PRESIDING OFFICER. Without since the Volunteer Army, they have that. His point is to draw an important objection, it is so ordered. volunteered. Residents of this District distinction, and that is that there are Mr. AKAKA. Mr. President, as chair- have not only served, but they have two elements to this, one being the man of the District of Columbia sub- sacrificed their lives in the cause of taxation and the other the representa- committee, I rise today in support of S. American security and freedom. tion. The Senator from Connecticut 160, the District of Columbia Voting So the point is that there is some- rightly points to a very important epi- Rights Act of 2009. I vote to enfran- thing very, I hope, inspiring about this. sode in our history where the Founding chise thousands of District residents The residents of the District of Colum- Fathers tied those two together. There and to affirm my commitment to the bia are not asking for any free ride. are other factors as well. fundamental right of all Americans to They want to be contributors to Amer- I urge support for the amendment. participate in our great democracy. ica in every way, including Federal The PRESIDING OFFICER. Under Despite our Nation’s founding prin- taxation, but they also expect to be the previous order, the question is on ciple of ‘‘no taxation without represen- represented in the House of Represent- agreeing to amendment No. 581 offered tation,’’ District of Columbia residents atives with a voting Representative. So by the Senator from Oklahoma. lack full representation in Congress. Mr. LIEBERMAN. I ask for the yeas on behalf of what I would describe as They have sent sons and daughters to and nays. war in defense of our country, and they the patriotic citizens of the District of The PRESIDING OFFICER. Is there a Columbia, I would say this amendment sufficient second? have paid Federal taxes in support of makes a point, but it is not a sound or There appears to be. our Government. Despite this, the dis- fair one. The clerk will call the roll. tinguished Delegate from the District I polled the members of my staff who The bill clerk called the roll. of Columbia lacks a vote on the floor of live in the District of Columbia to ask Mr. DURBIN. I announce that the the House of Representatives. how they would advise me to vote. I am Senator from Massachusetts (Mr. KEN- Fair voting representation is funda- pleased to say that they put principle NEDY) is necessarily absent. mental to our democracy. I understand ahead of personal interests and have The PRESIDING OFFICER (Mr. the challenges facing the District’s urged me to vote against this amend- BURRIS). Are there any other Senators residents, and I sympathize with its ment. in the Chamber desiring to vote? trouble to attain voting representation

VerDate Nov 24 2008 01:21 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.057 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2461 in Congress. I also understand that this ment that would abridge those rights job. I understand there will be a few will be an ongoing discussion. I am sen- or is not germane to the issue at hand. more that may be offered. We expect to sitive to the concerns raised by my col- Mr. President, I suggest the absence have votes throughout Thursday on leagues on the constitutionality of our of a quorum. pending amendments, and those that actions. The PRESIDING OFFICER. The are offered on Thursday we are going Legal scholars have testified before clerk will call the roll. to try to dispose of those tomorrow. the Homeland Security and Govern- The legislative clerk proceeded to I filed cloture today, but I hope it mental Affairs Committee and the Sen- call the roll. isn’t necessary to have this cloture ate Judiciary Committee that Congress Mr. LIEBERMAN. Mr. President, I vote. However, if necessary, we will does have the constitutional authority ask unanimous consent that the order look forward to seeing if we can get a to extend a vote to a District Rep- for the quorum call be rescinded. consent agreement to have the vote to- resentative in the House. I believe this The PRESIDING OFFICER. Without morrow; otherwise, we are going to legislation is constitutional, but ulti- objection, it is so ordered. wind up coming in Friday morning. I mately it is the role of the courts to Mr. LIEBERMAN. Mr. President, I hope that is not necessary. This is a decide. have a unanimous consent agreement piece of legislation that has been Our representative democracy is to propound which has been cleared on talked about for a long time. We have based on the principle that citizens of both sides. had it on the Senate floor before. I this country should have a say in the I ask unanimous consent that when think everyone has had the ability to laws that govern this country. If citi- the Senate resumes consideration of S. offer whatever they believe is appro- zens disagree with the laws, they have 160 on Thursday, February 26, the time priate. the power to vote for different rep- until 10:30 a.m. be for debate with re- I really express my appreciation for resentatives. By extending this core spect to the Kyl amendment No. 585, the cooperation of all Members, both principle to the District of Columbia, I with the time equally divided and con- Democrats and Republicans, but espe- believe this bill would be a decisive trolled between Senators KYL and cially Senator KYL, who did some very step forward for the rights of DC resi- LIEBERMAN or their designees, with no good work with Senator LIEBERMAN dents. amendment in order to the amendment this afternoon. AMENDMENT NO. 575 prior to the vote, and that at 10:30 a.m. f Now I wish to address the pending the Senate proceed to vote in relation Ensign amendment. to the amendment. MORNING BUSINESS Today, we are addressing voting The PRESIDING OFFICER. Is there Mr. REID. Mr. President, I ask unan- rights. Now is not an appropriate time objection? imous consent that we now proceed to to cloud the debate with amendments Without objection, it is so ordered. a period of morning business with Sen- on gun control. Last year, when this Mr. LIEBERMAN. I thank the Chair. ators permitted to speak for up to 10 gun issue was brought up on the Senate I suggest the absence of a quorum. minutes each. floor before being considered by the The PRESIDING OFFICER. The The PRESIDING OFFICER. Without committee, I joined 10 of my colleagues clerk will call the roll. objection, it is so ordered. in a letter to the majority leader ask- The legislative clerk proceeded to f ing that the bill follow Senate proce- call the roll. COMMISSION OF INQUIRY dures and be referred to committee be- Mr. REID. Mr. President, I ask unan- fore consideration on the floor. imous consent that the order for the Mr. LEAHY. When historians look As the chairman of the subcommittee quorum call be rescinded. back at the last 8 years, they are going charged with the oversight of the Dis- The PRESIDING OFFICER (Mr. to evaluate one of the most secretive trict of Columbia, I am familiar with BEGICH). Without objection, it is so or- administrations in the history of the the debate on DC’s gun policies. Last dered. United States. Now, the citizens of this year, the U.S. Supreme Court in the CLOTURE MOTION country have said we should have Heller decision struck down the Dis- Mr. REID. Mr. President, I send a change, and we should. But we also trict of Columbia’s gun ban. Since cloture motion to the desk. know that the past can be prologue un- then, the DC City Council has taken The PRESIDING OFFICER. The clo- less we set things right. necessary steps to comply with the Su- ture motion having been presented In the last administration, there was preme Court’s decision, including the under rule XXII, the Chair directs the a justification for torture. It presided passage of legislation to address issues clerk to read the motion. over the abuse at Abu Ghraib, de- raised by the ruling. I do not believe The assistant legislative clerk read stroyed tapes of harsh interrogations, any congressional action is needed to as follows: and conducted extraordinary ren- help DC comply with the Heller deci- CLOTURE MOTION ditions that sent people to countries sion, but, more importantly, this is not We, the undersigned Senators, in accord- that permit torture during interroga- the appropriate time to consider and ance with the provisions of rule XXII of the tion. vote on this issue. Standing Rules of the Senate, hereby move They used the Justice Department, I am not against gun ownership. I am to bring to a close debate on S. 160, the Dis- our premiere law enforcement agency, for self-determination. I strongly en- trict of Columbia House Voting Rights Act to subvert the intent of congressional courage my colleagues to give the Dis- of 2009. statutes, even to subvert nonpartisan trict of Columbia and its citizens the Harry Reid, Richard Durbin, Sheldon prosecutions, and instead to use them opportunity to vote on and establish Whitehouse, Jeanne Shaheen, Patty in partisan ways to try to affect the Murray, Bernard Sanders, Roland W. their own rules regarding gun control. Burris, Charles E. Schumer, Debbie outcome of elections. They wrote se- It would be ironic if we were to with Stabenow, Barbara A. Mikulski, Bill cret law to give themselves legal cover one hand finally give the people of the Nelson, John F. Kerry, Christopher J. for these misguided policies, policies District voting representation but on Dodd, Frank R. Lautenberg, Jeff that could not withstand scrutiny if the other hand take away their right to Bingaman, Amy Klobuchar, Robert brought to light. self-determination by forcing them to Menendez, Barbara Boxer. Nothing has done more to damage adopt a gun control policy on which Mr. REID. Mr. President, I ask unan- America’s standing and moral author- they were unable to vote. I, therefore, imous consent that the mandatory ity than the revelation that during the urge my colleagues to vote no on the quorum call be waived. last 8 years we abandoned our historic Ensign amendment and all related The PRESIDING OFFICER. Without commitment to human rights by re- amendments. objection, it is so ordered. peatedly stretching the law and the I am proud to lend my support for Mr. REID. Mr. President, I would like bounds of Executive power to authorize the underlying bill. I urge my col- to announce to everyone where we are torture and cruel treatment. leagues to vote in support of voting in regard to this bill. We have been As President Obama said to Congress rights for the residents of the District working through the amendments. and the American people last night, ‘‘if of Columbia and to reject any amend- Senator LIEBERMAN has done a terrific we’re honest with ourselves, we’ll

VerDate Nov 24 2008 01:21 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.060 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2462 CONGRESSIONAL RECORD — SENATE February 25, 2009 admit that for too long we have not al- der than those at the top who set the termination to look beyond the veil ways met’’ our responsibilities. tone and the policies. We do not yet that has so carefully concealed the de- Now, the President said that about know the full extent of our govern- cision making in these areas is grow- the economy, but the same holds true ment’s actions in these areas, and we ing. Next Wednesday, the Judiciary here. It is only by understanding how must be sure that an independent re- Committee will hold a hearing to ex- we arrived at this moment that we can view goes beyond the question of plore these ideas and to continue the move forward. How can we restore our whether crimes were committed, to the conversation about what we can do moral leadership and ensure trans- equally important assessment of moving forward. parent government if we ignore what whether mistakes were made so we Two years ago I described the scan- has happened? may endeavor not to repeat them. As I dals at the Bush-Cheney-Gonzales Jus- There has been discussion, and in have said, we must read the page before tice Department as the worst since Wa- some cases disagreement, on how best we turn it. tergate. They were. We are still digging to do this. There are some who resist Vice President Dick Cheney con- out from the debris they left behind any effort to investigate the misdeeds tinues to assert unilaterally that the while those in the last administration of the recent past. Indeed, some have Bush administration’s tactics, includ- continue to defend their policies, tried to extract a devil’s bargain from ing torture, were appropriate and effec- knowing full well that we do not even Attorney General Holder, a commit- tive. But interested parties’ character- know the full extent of what those po- ment that he would not prosecute for izations and self-serving conclusions lices were or how they were made. We anything that happened on President are not facts and are not the unadul- cannot be afraid to understand what we Bush’s watch. That is a pledge no pros- terated truth. We cannot let those be have done if we are to remain a nation ecutor should give, and, to his credit, the only voices heard, nor allow their equally vigilant in defending both our Eric Holder did not. declarations to serve as historical con- national security and our Constitution. There are others who say that re- clusions on such important questions. I hope all Members of Congress will gardless of the cost in time, resources, An independent commission can under- give serious consideration to these dif- and unity, we have to prosecute these take this broader and fundamental ficult questions. I argue it will be the quintessential administration officials to lay down a task. marker. The courts are already consid- I am talking about this process with American thing to do. The PRESIDING OFFICER. The Sen- ering congressional subpoenas that others in Congress, with outside groups ator from Rhode Island. have been issued and claims of privi- and experts, and I have begun to dis- Mr. WHITEHOUSE. Mr. President, lege and legal immunities, and they cuss this with the White House as well. during my brief tenure so far in the will for some time. I am not interested in a commission of Senate, the Judiciary Committee has Over my objections, Congress has al- inquiry comprised of partisans, intent confronted many difficult issues, bat- ready passed laws granting immunity on advancing partisan conclusions. tles over judicial nominees, complex to those who facilitated warrantless Rather, we need an independent in- legislative matters, a historic inves- wiretapping and conducted cruel inter- quiry that is beyond reproach and out- tigation into misdeeds of the Bush ad- rogations. The Department of Justice side of partisan politics to pursue and ministration’s Department of Justice. issued legal opinions justifying these find the truth. Such a commission In that process, the committee saw executive branch excesses which, while would focus primarily on the subjects U.S. attorneys fired for political rea- legally faulty, would undermine at- of national security and executive sons, the Civil Rights Division run tempts to prosecute. A failed attempt power in the government’s counterter- amok, declassified legal theories as- to prosecute for this conduct might be rorism effort. We have had successful serting that the President can secretly the worst result of all if it is seen as oversight in some areas, but on these ignore his own executive orders. We justifying abhorrent actions. Given the issues, including harsh interrogation saw unprecedented politicization of a steps Congress and the executive have tactics, extraordinary rendition and noble department, and we saw those Of- already taken to shield this conduct executive override of the laws, the last fice of Legal Counsel memos approving from accountability, that is a possible administration successfully kept many interrogation techniques long under- outcome. of us in the dark about what happened stood, long known to be torture. Fortu- The alternative to these approaches and why. nately, throughout that time, Chair- is a middle ground, a middle ground I President Obama issued significant man LEAHY sought answers. His efforts spoke of at Georgetown University a executive orders in his first days in of- were evenhanded but unyielding. We little over 2 weeks ago. That middle fice, looking to close Guantanamo and know so much of what we know now ground would involve the formation of secret prisons, banning the use of harsh because PATRICK LEAHY was satisfied a commission of inquiry dedicated to interrogation techniques and forming with nothing less than the whole truth. finding out what happened. Such a task forces to review our detainee and Today his work continues, and I wish commission’s objective would be to interrogation policies. I support his de- to speak in support of his efforts. The find the truth. People would be invited cisions, and I am greatly encouraged backdrop is, of course, a grim one. Over to come forward and share their knowl- by his determination to do the hard and over, as I travel around my State edge and experiences, not for the pur- work to determine how we can reform of Rhode Island, I hear from people fac- pose of constructing criminal indict- policies in these areas to be lawful, ef- ing challenges that seem almost insur- ments, but to assemble the facts, to fective and consistent with American mountable, challenges President know what happened and to make sure values. My proposal for a commission Obama spoke about in his address to mistakes are not repeated. of inquiry would address the rest of the Congress last evening. Every day it I have seen what happened before in picture, which is to understand how gets harder and harder to find a job, to prosecutions. We don’t find the full these types of policies were formed and pay the bills, to make ends meet. truth. We prosecute those at the bot- exercised in the last administration, to Every day it seems more difficult to tom of the chair of command, but we ensure that mistakes are not repeated. see a way out. The Bush administra- don’t find out what those above did. I am open to good ideas from all sides tion left our country deeply in debt, While many are focused on whether as to the best way to set up such a bleeding jobs overseas, our financial in- crimes were committed, it is just as commission and to define its scope and stitutions rotten and weakened and an important to learn if significant mis- goals. economy in free-fall. This is the wreck- takes were made, regardless of whether A recent Gallup poll showed that 62 age we see everywhere, in shuttered they can be proven beyond a reasonable percent of Americans favor an inves- plants, as my colleague from Pennsyl- doubt to a unanimous jury to be crimi- tigation of these very issues. Respected vania sees at home so cruelly, in long nal conduct. We compound the serious groups including Human Rights First, lines, and in worried faces. But there is mistakes already made if we limit our the Constitution Project and thought- also the damage we cannot see so well, inquiry to criminal investigations and ful Senators, including Senator the damage below the water line of our trials. Moreover, it is easier for pros- WHITEHOUSE and Senator FEINGOLD, democracy, damage caused by a sys- ecutors to net those far down the lad- have also embraced this idea. The de- tematic effort to twist policy to suit

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They have been tion techniques of the Inquisition, of comes hard to us. But the path back to the national finals twice and the Pol Pot and the Khmer Rouge, de- from the dark side may lead us down only reason they haven’t won an NBA scended to techniques that we have some unfamiliar valleys of remorse and national championship is because the prosecuted as crimes in military tribu- repugnance before we can return to the Chicago Bulls had Michael Jordan at nals and in Federal courts, if institu- light. We may have to face our fellow the time. Against any other team or tions as noble as the Department of Americans saying to us: No, please, tell any other star, the Jazz would have Justice and as vital as the Environ- us we did not do that, tell us Ameri- won the NBA championship. I remem- mental Protection Agency were sub- cans did not do that. And we will have ber the last failed game very well, and verted by their own leaders, if the in- to explain somehow. the shot Jordan put up that won the tegrity of our markets and the fiscal This is no small feat and not easy. game that was fantastic, but that was security of our budget were open wide This will not be comfortable or proud, Jordan’s legacy. to the frenzied greed of corporations but somehow it must be done. Larry Miller is known for all of these and speculators and contractors, if tax- Chairman LEAHY has embarked on things, but that is not how I wish to re- payers were cheated and the forces of the process of considering a new com- member him before the Senate here Government rode to the rescue of the mission, one appropriate to the task of today, because this man, who was a cheaters and punished the whistle- investigating the damage the Bush ad- philanthropist and gave his money to blowers, if our Government turned the ministration did to America, to her fin- community colleges to help people who guns of official secrecy against our own est traditions and institutions, to her were more like him in terms of their people to mislead, confuse, and propa- reputation and integrity. The hearing academic needs, became in his later gandize them, if the integrity of public he has called in coming days will more years a history buff. He fell in love officials, the warnings of science, the thoroughly examine this question to with the Founding Fathers. I remem- honesty of Government procedures and help us determine how best to move ber talking to Larry Miller about John the careful historic balance of our sep- forward. I stand with him. Before we Adams, about Thomas Jefferson, and arated powers all were seen as obsta- can repair the harm of the last 8 years, recommending a book to him. He had cles to be overcome and not attributes we must learn the truth. just read McCullough’s book on John to be celebrated, if the purpose of Gov- f Adams and I said, Have you read Jo- ernment became no longer to solve REMEMBERING LARRY H. MILLER seph Ellis’s book, ‘‘Founding Broth- problems but simply to work them for ers’’? He said, no. I said, I will send it political advantage, and a bodyguard of Mr. BENNETT. Mr. President, I wish to you. I got caught up in all of my dif- lies and jargon and propaganda was to speak of one of Utah’s most out- ficulties and all of my distractions and emitted to fool and beguile the Amer- standing citizens, Larry H. Miller, who realized I had failed to keep my word. ican people, something very serious passed away recently. So finally, with some embarrassment, I would have gone wrong in our country. Larry Miller is a true American suc- got hold of Larry and said, I apologize Such damage must be repaired. I sub- cess story. He graduated from high I have not sent you a copy of ‘‘Found- mit that as we begin the task of re- school. He wasn’t able to cut it in col- ing Brothers.’’ He said, that is all building this Nation, we have a duty to lege and ended up working in a parts right, Senator. I went out and bought our country to determine how great department in an auto dealership. Not one on my own. He followed through that damage is. Democracy is not a a very auspicious beginning for some- where I didn’t. static institution. It is a living edu- one who became a billionaire, but He fell in love with this country, not cation, an ongoing education in free- Larry Miller had two things that many as an entrepreneur, although he did dom of a people. people do not have. No. 1, he had in ef- that way; not as someone who had been As Harry Truman said, addressing a fect a photographic memory. I under- very successful and blessed by this joint session of Congress back in 1947: stand that if you went to Larry Miller country, although he did that way; but One of the chief virtues of a democracy is while he was running this parts depart- toward the end of his life he fell in love that its defects are always visible, and under ment and asked for an axle or for a with this country as one who studied democratic processes can be pointed out and head lamp or for any other auto part, its history and understood its corrected. he knew exactly where it was. Some- underpinnings. He was generous. He We have to learn the lessons from how he had that in his head and he was inventive. He was tenacious. The this past carnival of folly, greed, lies, made a tremendous success out of that. people of Utah have been more than and wrongdoing so the damage can, He ultimately began his career by buy- blessed by the fact that he chose Utah under democratic processes, be pointed ing an auto dealership and then built a as his home. We miss him terribly and out and corrected. If we bind ourselves string of 40 auto dealerships. extend our deepest sympathies to his to this history, we deny ourselves its The other thing he had was an in- family. lessons, lessons that came at too pain- credible work ethic. Larry Miller ful a cost to ignore. worked hard every day and demanded f Those lessons merit disclosure and that kind of performance from those SPECIAL COMMITTEE ON AGING discussion. Indeed, disclosure and dis- who worked with him. Mr. KOHL. Mr. President, I ask unan- cussion makes the difference between He is best known in Utah for the fact imous consent to have the rules of pro- this history being a valuable lesson for that he was the minority owner of the cedure for the Special Committee on the bright and upward forces of our de- Utah Jazz, the NBA’s least successful Aging printed in the RECORD. mocracy or a blueprint for those dark- team financially. The Jazz reached the There being no objection, the mate- er forces to return and someday do it point where they had to be sold be- rial was ordered to be printed in the all over again. As we work toward a cause they couldn’t survive anymore. RECORD, as follows: brighter future ahead, to days when They were losing money at every turn. SPECIAL COMMITTEE ON AGING—JURISDICTION jobs return to our cities, capital to our The majority partner made a deal AND AUTHORITY businesses, and security to our lives, whereby the franchise would be sold to S. Res. 4, § 104, 95th Congress, 1st Session (1977) we cannot set aside our responsibility someone outside of the State. As mi- (a)(1) There is established a Special Com- to take an accounting of where we are, nority partner, Larry Miller was re- mittee on Aging (hereafter in this section re- what was done, and what must now be quired to sign the deal. He picked up ferred to as the ‘‘special committee’’) which repaired. We also have to brace our- the pen to sign the deal and then he shall consist of nineteen Members. The Mem- selves for the realistic possibility that couldn’t bring himself to sign it, and bers and chairman of the special committee

VerDate Nov 24 2008 01:21 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.049 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2464 CONGRESSIONAL RECORD — SENATE February 25, 2009 shall be appointed in the same manner and (a) Written Notice. The Chairman shall scription, grammatical errors, and obvious at the same time as the Members and chair- give the Members written notice of any Com- errors of fact. The Chairman or a staff officer man of a standing committee of the Senate. mittee meeting, accompanied by an agenda designated by him shall rule on such request. After the date on which the majority and mi- enumerating the items of business to be con- 8. Impugned Persons. Any person who be- nority Members of the special committee are sidered, at least 5 days in advance of such lieves that evidence presented, or comment initially appointed on or affect the effective meeting. made by a Member or staff, at a public hear- date of title I of the Committee System Re- (b) Shortened Notice. A meeting may be ing or at a closed hearing concerning which organization Amendments of 1977, each time called on not less than 24 hours notice if the there have been public reports, tends to im- a vacancy occurs in the Membership of the Chairman, with the concurrence of the pugn his or her character or adversely affect special committee, the number of Members Ranking Minority Member, determines that his or her reputation may: of the special committee shall be reduced by there is good cause to begin the meeting on (a) file a sworn statement of facts relevant one until the number of Members of the spe- shortened notice. An agenda will be fur- to the evidence or comment, which shall be cial committee consists of nine Senators. nished prior to such a meeting. placed in the hearing record; and (2) For the purposes of paragraph 1 of rule 3. Presiding Officer. The Chairman shall (b) request the opportunity to appear per- XXV; paragraphs 1, 7(a)(1)–(2), 9, and 10(a) of preside when present. If the Chairman is not sonally before the Committee to testify in rule XXVI; and paragraphs 1(a)–(d), and 2(a) present at any meeting, the Ranking Major- his or her own behalf. and (d) of rule XXVII of the Standing Rules ity Member present shall preside. 9. Minority Witnesses. Whenever any hear- ing is conducted by the Committee, the of the Senate; and the purposes of section II. CONVENING OF HEARINGS 202(I) and (j) of the Legislative Reorganiza- Ranking Member, to call at least one witness 1. Notice. The Committee shall make pub- tion Act of 1946, the special committee shall to testify or produce documents with respect lic announcement of the date, place and sub- be treated as a standing committee of the to the measure or matter under consider- ject matter of any hearing at least one week Senate. ation at the hearing. Such request must be before its commencement. A hearing may be (b)(1) It shall be the duty of the special made before the completion of the hearing called on not less than 24 hours notice if the committee to conduct a continuing study of or, if subpoenas are required to call the mi- Chairman, with the concurrence of the any and all matters pertaining to problems nority witnesses, no later than three days Ranking Minority Member, determines that and opportunities of older people, including, before the hearing. there is good cause to begin the hearing on but not limited to, problems and opportuni- 10. Conduct of Witnesses, Counsel and shortened notice. ties of maintaining health, of assuring ade- Members of the Audience. If, during public or 2. Presiding Officer. The Chairman shall quate income, of finding employment, of en- executive sessions, a witness, his or her preside over the conduct of a hearing when gaging in productive and rewarding activity, counsel, or any spectator conducts him or present; or, whether present or not, may del- of securing proper housing, and when nec- herself in such a manner as to prevent, im- egate authority to preside to any Member of essary, of obtaining care or assistance. No pede, disrupt, obstruct, or interfere with the the Committee. proposed legislation shall be referred to such orderly administration of such hearing the 3. Witnesses. Witnesses called before the committee, and such committee shall not Chairman or presiding Member of the Com- Committee shall be given, absent extraor- have power to report by bill, or otherwise mittee present during such hearing may re- dinary circumstances, at least forty-eight have legislative jurisdiction. quest the Sergeant at Arms of the Senate, hours notice, and all witnesses called shall (2) The special committee shall, from time his representative or any law enforcement be furnished with a copy of these rules upon to time (but not less than once a year), re- official to eject said person from the hearing request. port to the Senate the results of the study room. 4. Oath. All witnesses who testify to mat- conducted pursuant to paragraph (1), to- III. CLOSED SESSIONS AND CONFIDENTIAL ters of fact shall be sworn unless the Com- gether with such recommendation as it con- MATERIALS mittee waives the oath. The Chairman, or siders appropriate. 1. Procedure. All meetings and hearings any Member, may request and administer (c)(1) For the purposes of this section, the shall be open to the public unless closed. To the oath. special committee is authorized, in its dis- close a meeting or hearing or portion there- 5. Testimony. At least 72 hours in advance cretion, (A) to make investigations into any of, a motion shall be made and seconded to of a hearing, each witness who is to appear matter within its jurisdiction, (B) to make go into closed discussion of whether the before the Committee shall submit his or her expenditures from the contingent fund of the meeting or hearing will concern Committee testimony by way of electronic mail, in a Senate, (C) to employ personnel, (D) to hold investigations or matters enumerated in format determined by the Committee and hearings, (E) to sit and act at any time or Senate Rule XXVI(5)(b). Immediately after sent to an electronic mail address specified place during the sessions, recesses, and ad- such discussion, the meeting or hearing or by the Committee, unless the Chairman and journed periods of the Senate, (F) to require, portion thereof may be closed by a vote in Ranking Minority Member determine that by subpoena or otherwise, the attendance of open session of a majority of the Members of there is good cause for a witness’s failure to witnesses and the production of correspond- the Committee present. do so. A witness shall be allowed no more ence books, papers, and documents, (G) to 2. Witness Request. Any witness called for than ten minutes to orally summarize his or take depositions and other testimony, (H) to a hearing may submit a written request to her prepared statement. Officials of the fed- procure the serve of individual consultants the Chairman no later than twenty-four eral government shall file 100 copies of such or organizations thereof (as authorized by hours in advance for his or her examination statement with the clerk of the Committee section 202(I) of the Legislative Reorganiza- to be in closed or open session. The Chair- 72 hours in advance of their appearance, un- tion Act of 1946, as amended) and (I) with the man shall inform the Committee of any such less the Chairman and the Ranking Minority prior consent of the Government department request. Member determine there is good cause for or agency concerned and the Committee on 3. Confidential Matter. No record made of a noncompliance. Rules and Administration, to use on a reim- closed session, or material declared confiden- 6. Counsel. A witness’s counsel shall be bursable basis the services of personnel of tial by a majority of the Committee, or re- permitted to be present during his testimony any such department or agency. port of the proceedings of a closed session, at any public or closed hearing or deposi- (2) The chairman of the special committee shall be made public, in whole or in part or tions or staff interview to advise such wit- or any Member thereof may administer by way of summary, unless specifically au- ness of his or her rights, provided, however, oaths to witnesses. thorized by the Chairman and Ranking Mi- (3) Subpoenas authorized by the special that in the case of any witness who is an offi- nority Member. committee may be issued over the signature cer or employee of the government, or of a corporation or association, the Chairman IV. BROADCASTING of the chairman, or any Member of the spe- 1. Control. Any meeting or hearing open to cial committee designated by the chairman, may rule that representation by counsel from the government, corporation, or asso- the public may be covered by television, and may be served by any person designated radio, or still photography. Such coverage by the chairman or the Member signing the ciation creates a conflict of interest, and that the witness shall be represented by per- must be conducted in an orderly and unob- subpoena. trusive manner, and the Chairman may for (d) All records and papers of the temporary sonal counsel not from the government, cor- poration, or association. good cause terminate such coverage in whole Special Committee on Aging established by or in part, or take such other action to con- Senate Resolution 33, Eighty-seventh Con- 7. Transcript. An accurate electronic or stenographic record shall be kept of the tes- trol it as the circumstances may warrant. gress, are transferred to the special com- 2. Request. A witness may request of the mittee. timony of all witnesses in closed sessions and public hearings. Any witness shall be af- Chairman, on grounds of distraction, harass- RULES OF PROCEDURE forded, upon request, the right to review ment, personal safety, or physical discom- I. CONVENING OF MEETINGS that portion of such record, and for this pur- fort, that during his or her testimony cam- 1. Meetings. The Committee shall meet to pose, a copy of a witness’s testimony in pub- eras, media microphones, and lights shall conduct Committee business at the call of lic or closed session shall be provided to the not be directed at him or her. the Chairman. The Members of the Com- witness. Upon inspecting his or her tran- V. QUORUMS AND VOTING mittee may call additional meetings as pro- script, within a time limit set by the com- 1. Reporting. A majority shall constitute a vided in Senate Rule XXVI (3). mittee clerk, a witness may request changes quorum for reporting a resolution, rec- 2. Notice and Agenda: in testimony to correct errors of tran- ommendation or report to the Senate.

VerDate Nov 24 2008 02:17 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.024 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2465 2. Committee Business. A third shall con- time or at a subsequent time, seek a ruling COMMITTEE ON OVERSIGHT OF stitute a quorum for the conduct of Com- by telephone or otherwise on the objection GOVERNMENT MANAGEMENT, mittee business, other than a final vote on from a Member of the Committee. If the THE FEDERAL WORKFORCE, AND reporting, providing a minority Member is Member overrules the objection, he or she THE DISTRICT OF COLUMBIA present. may refer the matter to the Committee or 3. Hearings. One Member shall constitute a the Member may order and direct the wit- RULES OF PROCEDURE quorum for the receipt of evidence, the ness to answer the question, but the Com- Mr. LIEBERMAN. Mr. President, swearing of witnesses, and the taking of tes- mittee shall not initiate the procedures lead- Senate Standing Rules XXVI requires timony at hearings. ing to civil or criminal enforcement unless each committee to adopt rules to gov- 4. Polling: the witness refuses to testify after he or she ern the procedure of the committee and (a) Subjects. The Committee may poll (1) has been ordered and directed to answer by a internal Committee matters including those Member of the Committee. to publish those rules in the CONGRES- concerning the Committee’s staff, records, 4. Filing. The Committee staff shall see SIONAL RECORD not later than March 1 and budget; (2) other Committee business that the testimony is transcribed or elec- of the first year of each Congress. On which has been designated for polling at a tronically recorded. If it is transcribed, the February 24, 2009, a majority of the meeting. witness shall be furnished with a copy for re- members of the Committee on Home- (b) Procedure. The Chairman shall cir- view. No later than five days thereafter, the land Security and Governmental Af- culate polling sheets to each Member speci- witness shall return a signed copy, and the fairs’ Subcommittee on Oversight of staff shall enter the changes, if any, re- fying the matter being polled and the time Government Management, the Federal limit for completion of the poll. If any Mem- quested by the witness in accordance with ber so requests in advance of the meeting, Rule II(7). If the witness fails to return a Workforce, and the District of Colum- the matter shall be held for meeting rather signed copy, the staff shall note on the tran- bia adopted subcommittee Rules of than being polled. The clerk shall keep a script the date a copy was provided and the Procedure. record of polls. If the Chairman determines failure to return it. The individual admin- Consistent with Standing Rule XXVI, that the polled matter is one of the areas istering the oath shall certify on the tran- today I ask unanimous consent to have enumerated in Rule III(1), the record of the script that the witness was duly sworn in his printed in the RECORD a copy of the poll shall be confidential. Any Member may or her presence, the transcriber shall certify rules of procedure of the Subcommittee request a Committee meeting following a that the transcript is a true record to the on Oversight of Government Manage- poll for a vote on the polled decision. testimony, and the transcript shall then be ment, the Federal Workforce, and the VI. INVESTIGATIONS filed with the Committee clerk. Committee staff may stipulate with the witness to District of Columbia. 1. Authorization for Investigations. All in- changes in this procedure; deviations from There being no objection, the mate- vestigations shall be conducted on a bipar- the procedure which do not substantially im- rial was ordered to be printed in the tisan basis by Committee staff. Investiga- pair the reliability of the record shall not re- RECORD, as follows: tions may be initiated by the Committee lieve the witness from his or her obligation staff upon the approval of the Chairman and RULES OF PROCEDURE OF THE COM- to testify truthfully. MITTEE ON HOMELAND SECURITY AND the Ranking Minority Member. Staff shall 5. Commissions. The Committee may au- keep the Committee fully informed of the GOVERNMENTAL AFFAIRS thorize the staff, by issuance of commis- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT progress of continuing investigations, except sions, to fill in prepared subpoenas, conduct where the Chairman and the Ranking Minor- MANAGEMENT, THE FEDERAL WORKFORCE, field hearings, inspect locations, facilities, AND THE DISTRICT OF COLUMBIA ity Member agree that there exists tem- or systems of records, or otherwise act on be- (1) Subcommittee Rules.—The Sub- porary cause for more limited knowledge. half of the Committee. Commissions shall be 2. Subpoenas. Subpoenas for the attend- committee shall be governed, where applica- accompanied by instructions from the Com- ance of witnesses or the production of memo- ble, by the rules of the full Committee on mittee regulating their use. randa, documents, records, or any other ma- Homeland Security and Governmental Af- terials shall be issued by the Chairman, or VIII. SUBCOMMITTEES fairs and the Standing Rules of the Senate. by any other Member of the Committee des- 1. Establishment. The Committee will op- (2) Quorums. ignated by him. Prior to the issuance of each erate as a Committee of the Whole, reserving (A) Transaction of Routine Business.—One- subpoena, the Ranking Minority Member, to itself the right to establish temporary third of the membership of the Sub- and any other Member so requesting, shall subcommittees at any time by majority committee shall constitute a quorum for the be notified regarding the identity of the per- vote. The Chairman of the full Committee transaction of routine business, provided son to whom the subpoena will be issued and and the Ranking Minority Member shall be that one Member of the Minority is present. the nature of the information sought, and its ex officio Members of all subcommittees. For the purpose of this paragraph, the term relationship to the investigation. 2. Jurisdiction. Within its jurisdiction as ‘‘routine business’’ includes the convening of 3. Investigative Reports. All reports con- described in the Standing Rules of the Sen- a meeting and the consideration of any busi- taining findings or recommendations stem- ate, each subcommittee is authorized to con- ness of the Subcommittee other than report- ming from Committee investigations shall duct investigations, including use of sub- ing to the full Committee on Homeland Se- be printed only with the approval of a major- poenas, depositions, and commissions. curity and Governmental Affairs any meas- ity of the Members of the Committee. 3. Rules. A subcommittee shall be governed ures, matters or recommendations. by the Committee rules, except that its (B) Taking Testimony.—One Member of VII. DEPOSITIONS AND COMMISSIONS quorum for all business shall be one-third of the Subcommittee shall constitute a quorum 1. Notice. Notices for the taking of deposi- the subcommittee Membership, and for hear- for taking sworn or unsworn testimony. tions in an investigation authorized by the ings shall be one Member. (C) Proxies Prohibited in Establishment of Committee shall be authorized and issued by IX. REPORTS Quorum.—Proxies shall not be considered for the Chairman or by a staff officer designated the establishment of a quorum. by him. Such notices shall specify a time and Committee reports incorporating Com- (3) Subcommittee Subpoenas.—The Chair- place for examination, and the name of the mittee findings and recommendations shall man of the Subcommittee, with the approval staff officer or officers who will take the dep- be printed only with the prior approval of a of the Ranking Minority Member of the Sub- osition. Unless otherwise specified, the depo- majority of the Committee, after an ade- committee, is authorized to subpoena the at- sition shall be in private. The Committee quate period for review and comment. The tendance of witnesses or the production of shall not initiate procedures leading to printing, as Committee documents, of mate- memoranda, documents, records, or any criminal or civil enforcement proceedings for rials prepared by staff for informational pur- other materials at a hearing, provided that a witness’s failure to appear unless the depo- poses, or the printing of materials not origi- the Chairman may subpoena attendance or sition notice was accompanied by a Com- nating with the Committee or staff, shall re- production without the approval of the mittee subpoena. quire prior consultation with the minority Ranking Minority Member where the Chair- 2. Counsel. Witnesses may be accompanied staff; these publications shall have the fol- man or a staff officer designated by him/her at a deposition by counsel to advise them of lowing language printed on the cover of the has not received notification from the Rank- their rights, subject to the provisions of Rule document: ‘‘Note: This document has been ing Minority Member or a staff officer des- II(6). printed for informational purposes. It does ignated by him/her of disapproval of the sub- 3. Procedure. Witnesses shall be examined not represent either findings or rec- poena within 72 hours, excluding Saturdays upon oath administered by an individual au- ommendations formally adopted by the Com- and Sundays, of being notified of the sub- thorized by local law to administer oaths. mittee.’’ poena. If a subpoena is disapproved by the Questions shall be propounded orally by X. AMENDMENT OF RULES Ranking Minority Member as provided here- Committee staff. Objections by the witnesses The rules of the Committee may be amend- in, the subpoena may be authorized by vote as to the form of questions shall be noted by ed or revised at any time, provided that not of the Members of the Subcommittee. the record. If a witness objects to a question less than a majority of the Committee Immediately upon authorization of the and refuses to testify on the basis of rel- present so determine at a Committee meet- issuance of a subpoena under these rules, a evance or privilege, the Committee staff may ing preceded by at least 3 days notice of the written notice of intent to issue the sub- proceed with the deposition, or may at that amendments or revisions proposed. poena shall be provided to the Chairman and

VerDate Nov 24 2008 02:17 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.025 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2466 CONGRESSIONAL RECORD — SENATE February 25, 2009 Ranking Minority Member of the full Com- Senators KOHL, LEAHY, REED, CRAPO and prosperity are inextricably linked mittee on Homeland Security and Govern- and WHITEHOUSE should be the only to the security and prosperity of people mental Affairs, or staff officers designated Senators listed as having requested residing in the far corners of our globe. by them, by the Subcommittee Chairman or funding for the National Crime Preven- Peace Corps volunteers understand bet- a staff officer designated by him/her, and no subpoena shall be issued for at least 48 hours, tion Council, Arlington, Virginia, fund- ter than anyone that we are truly all in excluding Saturdays and Sundays, from de- ed through the Department of Justice; this together. livery to the appropriate offices, unless the and Peace Corps volunteers work on the Chairman and Ranking Minority Member of Senator MURRAY should be listed as front lines in our battle for hearts and the full Committee on Homeland Security having requested funding for the Safe minds throughout the world. They and Governmental Affairs waive the 48–hour Streets Campaign, Tacoma, WA, for serve as teachers, business profes- waiting period or unless the Subcommittee the Pierce County Regional Gang Pre- Chairman certifies in writing to the Chair- sionals, health educators, management vention Initiative funded through the specialists, information technology ad- man and Ranking Minority Member of the Department of Justice. full Committee that, in his or her opinion, it visors, mentors and friends to citizens is necessary to issue a subpoena imme- f across the globe. These unofficial am- diately. NATIONAL PEACE CORPS WEEK bassadors help develop trust and estab- When the Subcommittee or its Chairman Mrs. SHAHEEN. Mr. President, I rise lish relationships that are critical to authorizes subpoenas, subpoenas may be today in celebration of National Peace American influence and global sta- issued upon the signature of the Chairman or bility. Upon the completion of their any other Member of the Subcommittee des- Corps Week and in honor of the thou- ignated by the Chairman. sands of Americans who serve through- service abroad, these volunteers then f out the world as Peace Corps volun- return home to promote a better un- teers. derstanding here in America of the cul- CJS PROJECT DISCLOSURE Since the Peace Corps’ founding in ture, language and viewpoint of those Ms. MIKULSKI. Mr. President, as 1961 by President John F. Kennedy, they have served. chairwoman of the Appropriations Sub- over 195,000 U.S. citizens have chosen These volunteers have all done their committee on Commerce, Justice, to serve their country as Peace Corps part to make the world a better place Science and Related Agencies, I rise volunteers. Today, nearly 8,000 Peace and, in turn, have contributed a great today to clarify for the U.S. Senate the Corps volunteers serve abroad in 76 dif- deal to U.S. national interests and sponsorship of six congressionally des- ferent countries. global security. In our 21st century ignated projects included in the Joint In my own home State of New Hamp- world, where the threats and chal- Explanatory Statement to accompany shire, 54 volunteers have heard the call lenges that confront America and the H.R. 1105, the Fiscal Year 2009 Omnibus and are currently devoting their time, global community cannot be overcome Appropriations Act. Specifically: energy, and lives to fulfilling the vi- by the might of our military alone, Senators MARK WARNER and WEBB sion of President Kennedy and serving Peace Corps volunteers are laying the should be listed as having requested their country abroad in the cause of foundation for a more secure and pros- funding for the Virginia Institute of peace. They are placed throughout the perous world. Marine Science, Glouchester, VA, for developing world—from Morocco, In honor of National Peace Corps the Virginia Trawl Survey funded where one New Hampshire volunteer is Week and in celebration of the Peace through the National Oceanic and At- educating community leaders on im- Corps’ 48th Anniversary on March 1, mospheric Administration; proving access to safe drinking water, 2009, I would like to recognize those Senator MURRAY should be listed as to Macedonia, where another is teach- volunteers from New Hampshire, as having requested funding for the city ing English to grade school children in well as all past and current Peace of Vancouver, WA, for a new records a small rural village. Corps volunteers, for their commit- management system funded through I would like to take a second and rec- ment to securing a better world for us the Department of Justice; ognize each of these citizen ambas- and our children. Senator CANTWELL should not be list- sadors and the nearly 1,500 Peace Corps ed as having requested funding for the volunteers from New Hampshire that As a member of the Senate Foreign city of Vancouver, WA, for a new have served since 1961. In honor of their Relations Committee and the chair of records management system funded efforts, I will ask consent that the at- the Foreign Relations Subcommittee through the Department of Justice; tached list of current New Hampshire on European Affairs, I will work with Senators REID, ENSIGN, REED, SCHU- volunteers be printed in the CONGRES- our allies and friends throughout the MER, SESSIONS, SMITH, VOINOVICH, SIONAL RECORD. New Hampshire is world in the development of an Amer- WHITEHOUSE, WYDEN, BENNETT, BIDEN, proud of your service, and we will con- ican foreign policy that matches the HATCH, KENNEDY, KERRY, LANDRIEU, tinue to stand solidly behind you. passion and commitment to service of LAUTENBERG and LEAHY should be list- The Peace Corps was founded on the our Peace Corps volunteers abroad. ed as having requested funding for the ideal that each of us has the responsi- Mr. President, I ask unanimous con- National Council of Juvenile and Fam- bility to serve our country and leave sent to have the list of current New ily Court Judges, Reno, Nevada, for the our world in a better place than we Hampshire volunteers to which I re- Child Abuse Training Programs for Ju- found it. This dual commitment to U.S. ferred printed in the RECORD. dicial Personnel: Victims Act Model interests and the global good is a testa- There being no objection, the mate- Courts Project, funded through the De- ment to the fact that in today’s inter- rial was ordered to be printed in the partment of Justice; connected world, American security RECORD, as follows: SWORN-IN VOLUNTEERS IN THE STATE OF NEW HAMPSHIRE

Volunteer name Country of service Start of service date Projected COS date

Alden, Elizabeth E ...... Mali ...... 21–Sep–2007 ...... 21–Sep–2009 Ballentine, Danny P ...... Turkmenistan ...... 05–Dec–2008 ...... 05–Dec–2010 Ballentine, Heidi C ...... Turkmenistan ...... 05–Dec–2008 ...... 05–Dec–2010 Bardo, Johanna E ...... Suriname ...... 01–Aug–2008 ...... 17–Aug–2010 Bardo, Nicholas W ...... Guatemala ...... 12–May–2006 ...... 25–Ju1–2009 Barnaby, Emily R ...... Benin ...... 21–Sep–2007 ...... 20–Sep–2009 Baron, Lindsey M ...... Cambodia ...... 04–Apr–2007 ...... 06–Mar–2009 Bootland, Diane C ...... Belize ...... 29–Oct–2008 ...... 22–Oct–2010 Brooks, Evan D ...... Ukraine ...... 19–Dec–2007 ...... 17–Dec–2009 Cahill, Michael P ...... Mali ...... 12–Sep–2008 ...... 11–Sep–2010 Campbell, Adam S ...... Morocco ...... 19–May–2008 ...... 28–May–2010 Chauvin, Nia G ...... Mozambique ...... 07–Dec–2007 ...... 05–Dec–2009 Coes, Casey P ...... Morocco ...... 19–May–2008 ...... 28–May–2010 Cooper, Elliot A ...... Ecuador ...... 20–Apr–2007 ...... 20–Apr–2009 Crosby, Andrea J ...... Ecuador ...... 20–Apr–2007 ...... 20–Apr–2009 Dallmann, Seth D ...... Vanuatu ...... 21–Jun–2007 ...... 19–Jun–2009 Drapcho, Amanda C ...... Gambia ...... 18–Apr–2008 ...... 17–Apr–2010 Estabrook, Kate P ...... Suriname ...... 01–Aug–2008 ...... 17–Aug–2010 Evans, Nicole A ...... Lesotho ...... 08–Jan–2009 ...... 23–Jan–2011 Geller, Amanda L ...... Guatemala ...... 18–Jul–2008 ...... 17–Ju1–2010

VerDate Nov 24 2008 02:17 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.027 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2467 SWORN-IN VOLUNTEERS IN THE STATE OF NEW HAMPSHIRE—Continued

Volunteer name Country of service Start of service date Projected COS date

Guthro, Kaitlyn A ...... Kyrgyzstan ...... 18–Sep–2008 ...... 17–Sep–2010 Handel, Ian D ...... Ecuador ...... 29–Aug–2008 ...... 27–Aug–2010 Hannon, Mark F ...... Mali ...... 12–Sep–2008 ...... 11–Sep–2010 Hannon, Samantha B ...... Mali ...... 12–Sep–2008 ...... 11–Sep–2010 Haslam, Meghan J ...... Nicaragua ...... 17–Nov–2006 ...... 16–Apr–2009 Heaney, Jason ...... Macedonia ...... 14–Dec–2007 ...... 13–Dec–2009 Hendel, Sarah J ...... Turkmenistan ...... 05–Dec–2008 ...... 05–Dec–2010 Hureau, Jonathan R ...... Mozambique ...... 07–Dec–2007 ...... 05–Dec–2009 Joyce, Judith A ...... Eastern Caribbean ...... 17–Oct–2008 ...... 15–Oct–2010 Keniston, Charlotte S ...... Guatemala ...... 31–Oct–2008 ...... 30–Oct–2010 Langlois, Breanne K ...... Ethiopia ...... 13–Dec–2007 ...... 13–Dec–2009 Lefrancois, Peter G ...... Mali ...... 29–Sep–2006 ...... 30–Jun–2009 Luz, Robert A ...... Ghana ...... 21–Aug–2007 ...... 20–Aug–2009 Mackie, Laura K ...... Ukraine ...... 18–Jun–2008 ...... 17–Jun–2010 McGlone, Michael R ...... Fiji ...... 24–Ju1–2008 ...... 30–Ju1–2010 Mclaughlin, Matt ...... Senegal ...... 17–Nov–2006 ...... 14–Dec–2009 Melvin, Adam T ...... Jordan ...... 04–Sep–2008 ...... 09–Sep–2010 Mitchell, Cara M ...... Nicaragua ...... 20–Jul–2007 ...... 17–Jul–2009 Moulton, James D ...... Mongolia ...... 18–Aug–2007 ...... 19–Aug–2009 Moulton, Julie B ...... Mongolia ...... 18–Aug–2007 ...... 19–Aug–2009 Murray, Sarah M ...... Cambodia ...... 04–Apr–2007 ...... 27–Mar–2009 O’Hara, Emily B ...... Romania ...... 05–May–2008 ...... 18–May–2010 Oscadal, Maureen E ...... Zambia ...... 30–Mar–2006 ...... 30–Apr–2009 Pridgen, Victoria P ...... Niger ...... 25–Sep–2007 ...... 25–Sep–2009 Raymond, Anne G ...... Cameroon ...... 24–Aug–2007 ...... 26–Jun–2009 Sandri, John B ...... Moldova ...... 22–Nov–2007 ...... 20–Nov–2009 Sawicki, Erin M ...... Botswana ...... 21–Jun–2007 ...... 20–Jun–2009 Sehovich, Jessica N ...... Ukraine ...... 18–Jun–2008 ...... 17–Jun–2010 Simonson, Duncan A ...... Panama ...... 22–Oct–2008 ...... 21–Oct–2010 Stout, Judith ...... South Africa ...... 03–Apr–2008 ...... 27–Mar–2010 Sullivan, Steven W ...... Senegal ...... 07–Nov–2008 ...... 09–Nov–2010 Vinson, Laura M ...... Ecuador ...... 29–Aug–2008 ...... 27–Aug–2010 Whitmore, Martha E ...... Peru ...... 29–Nov–2007 ...... 29–Nov–2009 Whittaker, Brendan J ...... Senegal ...... 12–May–2007 ...... 11–May–2009

HUMAN RIGHTS IN KENYA very top, and sweeping reforms to the polic- officials at the provincial and district levels. Mr. LEAHY. Mr. President, during ing sector should begin with the immediate He also met with the Kenya National Com- dismissal of the Police Commissioner,’’ con- mission on Human Rights, the independent the past year, I and other Senators cluded the independent expert. ‘‘Further, national human rights institution, as well as have urged the Government of Kenya given his role in encouraging the impunity with civil society organizations. to effectively address reports of egre- that exists in Kenya, the Attorney-General The full text of the Special Rapporteur’s gious misconduct by its police and should resign so that the integrity of the of- statement is available at military forces, including torture and fice can be restored.’’ www.extrajudicialexecutions.org. summary executions. The Mount Elgon In addition, the Special Rapporteur found compelling evidence that in Mt Elgon, the killings, culminating in the slaughter police and military committed organised f of some 200 people by the police and torture and extrajudicial executions against army soldiers in 2008, were particularly civilians during their 2008 operation to flush TRIBUTE TO LEON FLEISHER appalling, yet the government has yet out the Sabaot Land Defence Force militia. to conduct a credible, transparent, ‘‘For two years, the SLDF militia terrorized Mr. LEAHY. Mr. Presdient, this thorough investigation. the population and the Government did far week, one of the indomitable artists of We now have the report of the United too little. And when the Government did fi- our age will take the stage of the Ken- Nations Special Rapporteur, which nally act, they responded with their own nedy Center Concert Hall, as the great confirms, again, the conclusions of form of terror and brutality, killing over 200 pianist Leon Fleisher teams up with people.’’ He said that since the security multiple human rights organizations. I forces had not investigated the allegations in the London Philharmonic Orchestra. would hope that the Government of any convincing manner ‘‘the Government His range, commanding technique and Kenya recognizes that it is in its inter- should immediately act to set up an inde- total sense of the music’s natural est, and that it has a responsibility, to pendent commission for Mount Elgon, mod- shape and scope will surely captivate promptly implement the Special eled on the Waki Commission’’. the audience. This is a fitting occasion Rapporteur’s recommendations. With respect to the accountability for the to take note of a great artist, teacher post-election violence, the Special Kenya is an ally and friend of the and humanitarian who, through his United States. In fact, we are training Rapporteur stated that the setting up of the Special Tribunal for Kenya was ‘‘absolutely playing, has touched the souls of so some of Kenya’s security forces. It is indispensible to ensure that Kenya does not many. imperative that these violations be ad- again descend into chaos during the 2012 In the early years of his career, Leon dressed urgently and decisively, and elections.’’ He called on civil society and the Fleisher astounded audiences with a that the individuals involved in these international community to take a firm line golden sound. His career then seemed atrocities, including those who gave on its establishment. ‘‘At the same time, tragically cut short when he began suf- the orders, are brought to justice. this is an ideal case for the ICC to urgently I ask unanimous consent that a press take up’’, he added, stressing that the two fering from a rare neurological condi- release on the Special Rapporteur’s re- approaches were not mutually exclusive and tion that rendered his right hand un- a two-track approach should be adopted. able to play. Instead of withdrawing port be printed in the RECORD. The Special Rapporteur also recommended There being no objection, the mate- from the musical world, Leon Fleisher that an independent civilian police oversight remained in close contact with music rial was ordered to be printed in the body be established, that records of police RECORD, as follows: killings be centralized, that an independent through conducting, teaching and play- From the Press Center—U.N. Headquarters Department of Public Prosecutions be cre- ing scores specially written for pianists NAIROBI, February 25, 2009.—Today, the UN ated, across-the-board vetting of the police who lost use of their right hands. He Special Rapporteur on extrajudicial execu- be undertaken, the setting up of an inde- persisted in the effort to play the full tions, Mr. Philip Alston, concluded his 16–25 pendent witness protection program, that concert repertoire, and some novel February 2009 fact-finding mission to Kenya. the Government issue substantive responses medical treatments eventually helped The UN independent expert stated that, to KNCHR reports, and compensation for the him regain full use of both hands. ‘‘Killings by police in Kenya are systematic, victims of those unlawfully killed. widespread and carefully planned. They are In the course of his ten-day visit, the Spe- It is a classic American journey, committed at will and with utter impunity.’’ cial Rapporteur visited Nairobi, Central, Rift tracing a path out of despair to tri- He also found that death squads were set up Valley, Western and Nyanza Provinces. He umph. In Leon Fleisher’s sense of de- upon the orders of senior police officials to conducted in-depth private interviews with termination, dedication, vision and exterminate the Mungiki. more than one hundred victims and wit- skill, there is much for all of us to both He called on the President of Kenya to ac- nesses. Mr. Alston met with senior Govern- knowledge the widespread problem of ment officials, including the Prime Minister, admire and emulate. My wife Marcelle extrajudicial executions in Kenya and to the Minister of Justice, the Assistant Min- and I were delighted to sit next to him commit to systemic reform. ‘‘Effective lead- ister of Defence, the Chief of Police and the at a reception that honored his lifetime ership on this issue can only come from the Chief of Staff of the Armed Forces, as well as of achievement. We thoroughly enjoyed

VerDate Nov 24 2008 03:00 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.030 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2468 CONGRESSIONAL RECORD — SENATE February 25, 2009 getting to know this stately and cor- waste. However, I have not heard any news the oil companies. The markets are working dial artist, a man of great intelligence, about it from the media or official science just fine, but what they reflect is all the in- modesty and warmth. reports. action and obstacles that have burdened the Fixed income as well as families and sin- supply and demand elasticity of the com- Leon Fleisher has been playing gles cannot get pay raises that equals the modities markets be it oil or corn, etc. across the country with full use of his cost of living in reality. We dealt with this Again, taxing is not a solution. We should hands for several years now. We are our last years at work. Companies have their be working to lower taxes for everyone. Not fortunate to be able to hear again how stockholders that have to be kept and for the redistributing it. Not to manipulate mar- he plumbs the depths of every musical last eight years of our jobs we steadily lost kets. Fuel taxes should be what they need to score, revealing something about our- money from cost of living that the govern- be to maintain our infrastructure. We should selves through his music making. I ment adjusted to be 3% or less when in the be encouraging efficiencies in the market blue collar world did not equate to that. Fuel place with our tax code and policies. know the Senate joins me in congratu- along doubled and what cost us $30 per week The fact is we need to make it easier to lating and recognizing Leon Fleisher’s for work fuel jumped within 3 months to $60 drill now. We need to make it easier to refine incredible contributions to the vibrant per week and kept traveling upward since. more fuel now. We need to add capacity to cultural fabric of our country. Property taxes, auto and home insurance distribute that fuel to the marketplace now. also have risen but employers went with the We need to expand our reserves so we have a f government figures. I would get 25 cent per cushion when natural disasters occur. We IDAHOANS SPEAK OUT ON HIGH hour raise. It brought home approximately need to do something about all the boutique ENERGY PRICES $4 and change per week. It did not cover any fuels that cause unnatural shortages every of our rising expenses. Anything under $1.00 spring and fall (winter blend, summer blend, Mr. CRAPO. Mr. President, in mid- does not even show anything much on a take smog blend, this blend, that blend impact re- June, I asked Idahoans to share with home check. So there needs to be some way finery efficiency). We need to do something me how high energy prices are affect- for an employer with all their overheads to about credit card interchange fees. We need ing their lives, and they responded by realize this and perhaps hire CEOs, CFOs and to do everything we can to encourage effi- other company officials that make a decent ciency. the hundreds. The stories, numbering And, of course, we need to encourage con- well over 1,200, are heartbreaking and wage without the super perks they have re- ceived for the last 25 years. Corporate waste servation, public transportation where pos- touching. While energy prices have is rampant and should be addressed somehow sible, more not less airports and routes, and dropped in recent weeks, the concerns in the near future so the frontline employees alternative even renewable sources of en- expressed remain very relevant. To re- can afford today’s fuel prices and not be ergy. spect the efforts of those who took the stressed daily by how to make ends meet. Well, that is my 415 cents. Thank you. opportunity to share their thoughts, I Sorry I got off the edge here but it is all one ROBERT, Twin Falls. big picture which is why the energy costs are am submitting every e-mail sent to me I find it odd as the greatest country in the a frontline problem with this. We still have through an address set up specifically world we are lagging in becoming energy many elderly people who do not have enough for this purpose to the CONGRESSIONAL self-sufficient. France, for instance, runs and to live as is. With this energy impact, I do has, for many years, ran its country off nu- RECORD. This is not an issue that will not know how they can make it. So please clear power. How is it that we cannot do be easily resolved, but it is one that de- keep up your vigil. We need to open up the serves immediate and serious atten- this? If our country was powered off of nu- fields in Alaska and not be selling it to other clear power, consider the substantial reduc- tion, and Idahoans deserve to be heard. countries at this point. [When] my husband tion in oil consumption for the east coast. Their stories not only detail their and I work, which involves truck driving, we They are paying to heat their houses with struggles to meet everyday expenses, see what is happening along the routes we heating oil, more expensive than our natural but also have suggestions and rec- travel. The distress in the citizens and the gas. Drilling for more oil will help but we ommendations as to what Congress can oil wells being developed and the ones that need a bigger and better solution. Corn is not are not running. the answer, either. As the government do now to tackle this problem and find DARLENE, Spirit Lake. solutions that last beyond today. I ask pushes alternative fuels (ethanol), the price of food rises. Also we do not get the power Thank you for the opportunity to commu- unanimous consent to have today’s let- out of ethanol that we get out of traditional nicate in this fashion my family’s challenges ters printed in the RECORD. fuel so MPG on our cars drop. So we need with the high cost of energy and our There being no objection, the mate- more ethanol. It is a very ridiculous cycle. thoughts. I travel a great deal all over Amer- rial was ordered to be printed in the Nuclear, wind, hydrogen, oil—all these op- ica and, as part of my job, I work closely tions need to be brought to the table now. RECORD, as follows: with many convenience store operators My husband and I are semi retired but the Waiting until after the election will not around our great country. We own a Dodge work. We all know as soon as that election is figure of $200 way off the mark even for us. Durango 4-wheel drive SUV. It is great be- We do work part of the year but are not over the focus will be on mid-term elections cause it provides the safety my family needs and pandering to voters. Let us get it done doing so at this time. We live rural and have during the winter and the space we need for to travel for groceries, building supplies. now. Does our government really care about all the stuff we need to transport when you our future, our children? Let us act on this When we work all of this involves a min- have two young children. As you no doubt re- now before these same promises are being imum of 40 miles each way, not including the member with your own family, a nine- made to our children’s children. around town mileage. We have 20 acres, with month-old baby [needs] a lot of baggage UNSIGNED. a small tractor to keep weeds under control when he travels—car seats, strollers, etc. which the county urges all of us to do. We The daughter wants her bike when visiting It is time that we get off our cans and get also have a large lawn to mow. Our fuel bill the grandparents, her books, and spare aggressive in drilling for oil on our own soil. for the month of May was $400. The tractor clothes, etc. The bad thing is it only gets 13 I am tired of our country being held hostage has a tank of 10 gallons, and that alone costs miles to the gallon on average and, like most to foreign interests and values when it comes $40 per tank. We are trying to save a bit by families, we did not buy it with cash but fi- to our own energy needs. High fuel costs purchasing dyed fuel but, by the time you nanced it which means we owe more on it have had a significant negative effect on my travel to that, you have eaten up your sav- than we can sell it for. In fact, in this mar- business and my ability to grow my business. ings. The point is we have very little choice ket, many car dealers will not even take an Please do all you can to get us out of this on our fuel issues. We do not go to town on SUV in on trade. So we have no choice but to crisis. a whim and really never have as long as we bear the burden of high gas prices for the CRAIG, Eagle. have been here (since 1973). The price of food foreseeable future. We cannot just throw the is skyrocketing also in the rural areas. We car away and run out and buy a new fuel-effi- It is time to reign in the market specula- have a small grocery store in a small town cient SUV which is selling at a premium tion in oil and it is products. There is no by us, but they have fuel issues, too. We that, frankly, even in today’s market, does shortage of gasoline or oil. There are no lines would like to see nuclear power sources and not even pencil out as a good investment by at gas stations! It is gouging, plain and sim- wind generators multiply. Our daughter does my calculations. Of course, this is not the ple. Stop protecting the oil companies! Wind- websites and she has a customer that has a only part of the story of how high energy fall profits tax on all oil-related products of wind power source for sale for each single costs have impacted our family but the part at least 50%. Apply the windfall tax funds to home. However, at this point, it is somewhat those like Thomas Freidman never take into alternative energy research that have no expensive, approximately $5,500. Although in consideration when promoting even higher connection to the oil industry. Make it a the past, nuclear power has had a few hic- costs through taxation, cap and trade, and modern day Apollo project. Repeal oil indus- cups so even we were not in favor of it. I sub- government manipulation of the market. try tax breaks. Apply a 100% tax rate on any scribe to Popular Science Magazine and it is What should Congress do? salary over 10 million per year. my understanding they are very close or Do not do as Congresswoman Maxine Wa- The economy is collapsing while [the Ad- have reached the ability to neutralize the ters suggested in Committee and take over ministration does nothing]. We own a small

VerDate Nov 24 2008 01:21 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.031 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2469 business; we want support for the middle leased me to go back to work with limita- drive to different areas in Boise that we had class. The rich need no help; let them earn a tions, and my job did not allow me to come not seen before and listen to music. Now, we living for a change. back to work, I did not apply for short-term cannot even do that. Prices will keep going MIKE, Moscow. disability or assistance is what I was told. up because they can, and people like us are After my leave was exhausted and my em- going to really ‘‘pay’’ for it in the long run. I am glad to see someone taking a stand ployer said they did not have a job for my It makes me sick. It is not like we are not that actually has a chance to be heard. I am physical limitations, I was let go, and had to trying to make it in life. I am a student at glad that we are going to try and get some pay more money for COBRA. Last fall I had Boise State and I will be a Respiratory Ther- relief to the gas prices, but I think we should enrolled in BSU with student loans that apist. We are not people looking for hand- also be looking into the contributing factors barely cover school fees, books, and travel outs. We are a family not only trying to get that are causing such a demand for fuel. expenses as it is, from Mountain Home to by, but we want to live, too We want to I live in Meridian and must commute to Boise and the Air Base. I was doing very well enjoy life also. It upsets me when even the Boise every day for my job. I confronted my for the first semester, but money was very little things that we were able to do are now employer (a local utility company) regarding tight then. I ended up using my savings, my a luxury. Something has got to be done. The other options to having to commute to Boise tax refund, and my retirement from the com- reality is that there is really people who can- every day when the air quaility was getting pany that let me go, just to pay the bills. I not afford the rise in prices (for gas and ev- so bad like 4-day work week, telecommuting, found out that I have a rheumatoid arthritis, erything else). There has got to be some sort etc. and was told it was not an option. My osteo arthritis, spondylitis, depression, I of stopping point. The saying,’’ The rich will son is 5 years old and has asthma. Every take lots of medications and I have had back get richer and the poor will get poorer’’ time the air quality gets bad, so does his surgery, neck surgery and I am in pain most sounds more like the truth to me every day. health. Recently, with the gigantic increase of the time. I am still waiting for my dis- Hopefully, you can represent the families in fuel prices and the demand of fuel, I con- ability hearing because it takes so long to and the people who are being affected by fronted my employer again about other op- get it scheduled and I am down to maxed out this. tions that could not only help with the air credit cards and $150 dollars in the bank. My S. quality, but help contribute to decreasing husband wants me to leave him because my the demand of fuel; again, I was again turned medical bills are too expensive. I have two f down. To me it seems that not only should classes this second twelve weeks at the Air we be going after congress to help relieve the Base in Mountain Home that will end on outrageous cost of fuel, but we also need June 30th. I do not know if I will continue ADDITIONAL STATEMENTS someone to tell employers to do what they with my BSU degree because I cannot afford can to start helping with the problem in- to drive to Boise anymore. And if I do not stead of contributing to it. Thank you for get an income I may end up on the street. I what you are doing and I hope a resolution is cannot pay back my credit cards that I used CENTRAL MISSOURI EAGLES on the horizon. to pay for living expenses and medical bills YOUTH HOCKEY ASSOCIATION NICHOLE, Meridian. and prescriptions. They are maxed out. I am going to have to sell my things to get by. ∑ Mr. BOND. Mr. President, today I I received your email asking us to share To the Congressmen and Senators of this recognize the Central Missouri Eagles our stories about high energy costs so here great country: Why are we so hesitant to get Youth Hockey Association for their goes. We live 5 miles from the nearest gro- on the ball and do something about this cri- outstanding public service to the com- cery store and town. This means that every sis that filters down to more than gas? We munity. Also, the Eagles have been time we get in the car, the round trip is a cannot afford to live on what we have got presented with the ‘‘Honoring the minimum of 10 miles. If my husband and I and now we have to pay more? both go into town a couple of times a day, While I am frustrated with my present cir- Game Award,’’ presented annually by and only go to the nearest town, we drive a cumstances, I know God will take care of the Positive Coaching Alliance at minimum of 40 miles a day and that is with- me. What I am really worried about is this Stanford University in 2006. out running errands. going to another town country and our leaders taking us down the The ‘‘Honoring the Game Award’’ or anything like that. When all is said and path of destruction. Our country needs lead- recognizes three youth sports programs done, it is much more like 60 miles a day. We ers who will demonstrate true authority, not that ‘‘strive to win, but also strive to also live in snow country and must have 4- bickering about what party did what or who help their players develop skills that wheel drives so get about 15 mpg which is better for our country. We need to put par- will serve them throughout their life- means at $4 per gallon, we spend about $16 ties aside, put aside differences, fall on our just to get to town and back which is almost knees and ask God Almighty to forgive this times.’’ The Eagles were the only Mid- $500 per month. It is insane. county its many sins and his forgiveness and western sports program and the only What is more insane is the idea that we guidance. youth hockey program in the Nation to can explore and produce our way out of this [Please do your best to] to solve this crisis. be honored. mess. The US consumes about 26% of the I think we should drill for oil, build refin- The Eagles received the ‘‘Honoring world’s oil but only has about 2% of the eries, make alternatives available to the the Game Award’’ in recognition for world’s oil reserves. We would have to in- poor working public, use cooking oil instead their service to the community. Each crease our reserves and production 12 fold to of gasoline, use sugar cane like they do in cover today’s demand and that is never going South America, use wind power in windy year Eagles teams commit to a local to happen. The price of oil shot up when it places like Mountain Home, use geothermal service project. These projects make a became clear we were going to invade Iraq— resources, solar power, anything that is meaningful difference in mid-Missouri, financial markets hate uncertainty and in- greener and healthier. [But please do it now and they teach the Eagles players valu- vading another country is a big uncertainty. and do not leave the rest of us for fend for able citizenship lessons about volun- As the war has dragged on and as our Presi- ourselves in this terrible economy!] We are teering. dent has talked about taking action against tired of the blame game. Someone do some- The Hockey’s program’s credo Iran, oil prices have soared higher. The best thing and stop filibustering and stalling ‘‘Building Good Athletes and Great thing our nation could do to lower the price progress. [Such efforts stop our country from of oil would be to get out of a country we had solving the problems we face.] Citizens’’ rings true and is the founda- no business invading in the first place and I know I went off on this a little long, but tion for this program’s athletes who start spending more, much much more, on again, I am totally frustrated with inac- not only show good sportsmanship but the plentiful wind, solar and geothermal we tivity and red tape. Thank you for all you are active every year in community have been blessed with. do, but please remember the people who you service. The best way for our young Americans want this, the people of Idaho work for whether they voted you in or not. people to ensure a stronger America is want this, I only hope Senator Crapo is lis- CRYSTAL, Mountain Home. to be active in their communities. tening. I ask him to do the only sane thing and think outside the oil box. Something needs to be done. Prices keep The Central Missouri Eagles Youth LESLIE. going up everywhere. Not only is it affecting Hockey Associations’ achievements how much I spend in gas, but my grocery bill represent a great deal of dedication. I I live with a husband who makes his is outrageous now; Also, Idaho Power has trust that they will continue the high money his. When I had a job, I had an income just raised their rates. I have three children, standards of principle and perseverance and contributed to the groceries. It has al- which includes a baby in diapers. It is get- that brought them this honor. I hope ready been hard for me because I had been on ting to the point where we can barely afford the Eagles continue to comprise suc- medical leave for over a year from a job I anything. It is really scary for us. We never had for over six years that paid a little over have had much money, and one of the things cess both on and off the rink. Again, I $11 an hour. During this time on medical I use to do with the kids was to go on extend my congratulations to this ex- leave, I could not draw any income because ‘‘drives’’ just to get out of the house. We ceptional association and the young of some ‘‘catch 22’’ about if my doctor re- would go to Chevron and get drinks, then people within it.∑

VerDate Nov 24 2008 01:21 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.042 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2470 CONGRESSIONAL RECORD — SENATE February 25, 2009 REMEMBERING GREG HERNANDEZ cannot work alone. Epilepsy affects spoke to the Axelrods of the remotest chance of a cure. ∑ Mrs. BOXER. Mr. President, I ask my over 3 million patients nationwide, and the need for adequate funding for re- At home, life shakily returned to a new colleagues to join me in honoring the normal, interrupted by Lauren’s convulsions memory of a dedicated public servant, search on a Federal level is imperative and hospitalizations. Exhausted, Susan SGT Greg Hernandez of the Tulare if a cure is to be found. At a time when fought on toward her MBA; David became a County Sheriff’s Department. Sergeant the Nation is confronted with serious political consultant. Money was tight and Hernandez’s life was tragically cut health challenges like epilepsy, we medical bills stacked up, but the Axelrods had hope. Wouldn’t the doctors find the right short on February 6, 2009, as a result of must not diminish our commitment to medical research. drugs or procedures? ‘‘We thought maybe it injuries from a vehicle accident that was a passing thing,’’ David says. ‘‘We didn’t occurred while he was on duty. Please join me in honoring Susan Axelrod and CURE for their years of vi- realize that this would define her whole life, Sergeant Hernandez dutifully served that she would have thousands of these the citizens and communities for 24 sion, leadership, and commitment. afterward, that they would eat away at her I would ask to have the following Pa- years as a valued member of the Tulare brain.’’ rade Magazine article highlighting the County Sheriff’s Department. Sergeant ‘‘I had a class one night, I was late, there work of Citizens United for Research in was an important test,’’ Susan recalls. ‘‘I’d Hernandez demonstrated a passion for Epilepsy printed in the RECORD. The been sitting by Lauren at the hospital. When law enforcement and commitment to material follows: she fell asleep, I left to run to class. I got as helping others, qualities that earned far as the double doors into the parking lot [From Parade Magazine, Feb. 15, 2009] him the respect of his colleagues at the when it hit me: ‘What are you doing?’ ’’ She Tulare County Sheriff’s Department. I MUST SAVE MY CHILD returned to her baby’s bedside. From then Sergeant Hernandez shall always be re- (By Melissa Fay Greene) on, though she would continue to build her membered for his devotion to serving When Susan Axelrod tells the story of her family (the Axelrods also have two sons) and support her husband’s career, Susan’s chief the public and his friendly nature. daughter, she begins like most parents of children with epilepsy: The baby was ador- role in life would be to keep Lauren alive and Sergeant Hernandez is survived by able, healthy, perfect. Lauren arrived in functioning. his mother Rosa Hernandez of Farm- June 1981, a treasured first-born. Susan Lan- The little girl was at risk of falling, of ersville and his daughter Kristina dau had married David Axelrod in 1979, and drowning in the bathtub, of dying of a sei- Marie Hernandez of Porterville. When they lived in Chicago, where Susan pursued zure. Despite dozens of drug trials, special he was not spending time with his fam- an MBA at the University of Chicago and diets, and experimental therapies, Lauren ily and friends, Sergeant Hernandez David worked as a political reporter for the suffered as many as 25 seizures a day. In be- Chicago Tribune. (He later would become tween each, she would cry, ‘‘Mommy, make was a devoted sportsman who enjoyed it stop!’’ fishing, softball, and golf. chief strategist for Barack Obama’s Presi- dential campaign and now is a senior White While some of Lauren’s cognitive skills Sergeant Hernandez served the coun- House adviser.) They were busy and happy. were nearly on target, she lagged in abstract ty of Tulare with honor and distinc- Susan attended classes while her mother thinking and interpersonal skills. Her child- tion, and fulfilled his oath as an officer babysat. Then, when Lauren was 7 months hood was nearly friendless. The drugs Lauren of the law. His selfless contributions old, their lives changed overnight. took made her by turns hyperactive, listless, irritable, dazed, even physically aggressive. and dedication to law enforcement are ‘‘She had a cold,’’ Susan tells me as we huddle in the warmth of a coffee shop in ‘‘We hardly knew who she was,’’ Susan says. greatly appreciated and will serve as When she acted out in public, the family felt an example of his legacy. Washington, D.C., on a day of sleet and rain. Susan is 55, fine-boned, lovely, and fit. She the judgment of onlookers. ‘‘Sometimes,’’ We shall always be grateful for Ser- has light-blue eyes, a runner’s tan, and a cas- Susan says, ‘‘I wished I could put a sign on geant Hernandez’s service and the sac- ual fall of silver and ash-blond hair. When her back that said: ‘Epilepsy. Heavily Medi- rifices he made while serving and pro- her voice trembles or tears threaten, she cated.’ ’’ At 17, Lauren underwent what her mother tecting the people of Tulare County.∑ lifts her chin and pushes on. ‘‘The baby was describes as ‘‘a horrific surgical procedure.’’ so congested, it was impossible for her to f Holes were drilled in her skull, electrodes sleep. Our pediatrician said to give her one- implanted, and seizures provoked in an at- TRIBUTE TO SUSAN AXELROD quarter of an adult dose of a cold medica- tempt to isolate their location in the brain. tion, and it knocked her out immediately. I It was a failure. ‘‘We brought home a 17- ∑ Mr. KOHL. Mr. President, I wish to didn’t hear from Lauren the rest of the acknowledge and honor the work of year-old girl who had been shaved and night. In the morning, I found her gray and scalped, drilled, put on steroids, and given Citizens United for Research in Epi- limp in her crib. I thought she was dead. two black eyes,’’ Susan says quietly. ‘‘We ‘‘In shock, I picked her up, and she went lepsy, CURE, and its founder, Susan put her through hell without result. I wept into a seizure—arms extended, eyes rolling Axelrod. I have known Susan person- for 24 hours.’’ ally for many years and can attest to back in her head. I realized she’d most likely The failure of surgery proved another turn- been having seizures all night long. I phoned ing point for Susan. ‘‘Finally, I thought, her tireless work on behalf of her my mother and cried, ‘This is normal, right? daughter, Lauren, and of other children ‘Well, I can cry forever, or I can try to make Babies do this?’ She said, ‘No, they don’t.’ ’’ a change.’ ’’ and families affected by epilepsy. Epi- The Axelrods raced Lauren to the hospital. Susan began to meet other parents living lepsy often begins in childhood and They stayed for a month, entering a parallel through similar hells. They agreed that no even in its mildest forms can modify universe of sleeplessness and despair under federal agency or private foundation was act- brain development, with lifelong ef- fluorescent lights. No medicine relieved the ing with the sense of urgency they felt, leav- fects on cognition ranging from learn- baby. She interacted with her parents one ing 3 million American families to suffer in ing disabilities to severe develop- moment, bright-eyed and friendly, only to be near-silence. In 1998, Susan and a few other grabbed away from them the next, shaken by mental disabilities. In 1998, a small mothers founded a nonprofit organization to inner storms, starting and stiffening, hands increase public awareness of the realities of group of families whose children were clenched and eyes rolling. Unable to stop epilepsy and to raise money for research. suffering from epilepsy joined in recog- Lauren’s seizures, doctors sent the family They named it after the one thing no one of- nizing the need for an increased com- home. fered them: CURE—Citizens United for Re- mitment to research. Together, they The Axelrods didn’t know anything about search in Epilepsy. formed the nonprofit, volunteer-based epilepsy. They didn’t know that seizures ‘‘Epilepsy is not benign and far too often is CURE. Led by Susan, they have be- were the body’s manifestation of abnormal not treatable,’’ Susan says. ‘‘We wanted the electrical activity in the brain or that the come tireless advocates for epilepsy public to be aware of the death and destruc- excessive neuronal activity could cause tion. We wanted the brightest minds to en- awareness and have grown into one of brain damage. They didn’t know that two- gage with the search for a cure.’’ the foremost organizations in funding thirds of those diagnosed with epilepsy had Then-First Lady Hillary Clinton signed on cutting-edge epilepsy research. To seizures defined as ‘‘idiopathic,’’ of unex- to help; so did other politicians and celeb- date, CURE has raised over $9 million plained origin, as would be the case with rities. Later, veterans back from Iraq with in its crusade toward eliminating sei- Lauren. They didn’t know that a person seizures caused by traumatic brain injuries zures, reducing the side effects of cur- could, on rare occasions, die from a seizure. demanded answers, too. In its first decade, rently available treatments, and ulti- They didn’t know that, for about half of suf- CURE raised $9 million, funded about 75 re- ferers, no drugs could halt the seizures or mately toward finding a cure for epi- search projects, and inspired a change in the that, if they did, the side effects were often scientific dialogue about epilepsy. lepsy. I commend CURE for its unre- brutal. This mysterious disorder attacked 50 ‘‘CURE evolved from a small group of con- lenting commitment to this worthy million people worldwide yet attracted little cerned parents into a major force in our re- cause but underscore the fact that they public attention or research funding. No one search and clinical communities,’’ says Dr.

VerDate Nov 24 2008 03:00 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.029 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2471 Frances E. Jensen, a professor of neurology GGI, specializes in precision deephole EXECUTIVE MESSAGES REFERRED at Harvard Medical School. ‘‘It becomes drilling. With nearly 60 skilled employ- more and more evident that it won’t be just As in executive session the Presiding ees, GGI has developed the capability Officer laid before the Senate messages the doctors, researchers, and scientists push- to drill smooth, finished holes ranging ing the field forward. There’s an active role from the President of the United for parents and patients. They tell us when from .045 of an inch to 2 inches in di- States submitting sundry nominations ameter, from 1 ounce to 6,000 pounds, the drugs aren’t working.’’ which were referred to the appropriate at a depth of 1 inch to 10 feet in every The future holds promise for unlocking the committees. mysteries of what some experts now call Epi- material from Teflon to mold steels to (The nominations received today are lepsy Spectrum Disorder. ‘‘Basic neuro- exotic high-temperature alloys. Found- printed at the end of the Senate pro- science, electrophysiological studies, gene ed in 1983 by Rupert and Suzanne Gro- ceedings.) studies, and new brain-imaging technologies ver, Grover Gundrilling now has three are generating a huge body of knowledge,’’ facilities in Oxford County, including a f Dr. Jensen says. 40,000-square-foot manufacturing facil- Lauren Axelrod, now 27, is cute and petite, MESSAGES FROM THE HOUSE with short black hair and her mother’s pale ity in the town of Norway. And as eyes. She speaks slowly, with evident im- former teachers, the Grovers like to A message from the House of Rep- pairment but a strong Chicago accent. hire employees with no background as resentatives, delivered by Mr. Zapata, ‘‘Things would be better for me if I wouldn’t machinists, but with strong math and one of its reading clerks, announced have seizures,’’ she says. ‘‘They make me science skills, to train them in their that the House has passed the fol- have problems with reading and math. They own particular fashion. lowing bills, in which it requests the make me hard with everything.’’ By 2000, the savagery and relentlessness of Given its remarkable growth, consid- concurrence of the Senate: Lauren’s seizures seemed unstoppable. ‘‘I erable capacity, and small company H.R. 80. An act to amend the Lacey Act thought we were about to lose her,’’ Susan size, GGI prides itself on being ‘‘small Amendments of 1981 to treat nonhuman pri- says. ‘‘Her doctor said, ‘I don’t know what enough to listen and large enough to mates as prohibited wildlife species under else we can do.’ ’’ Then, through CURE, handle production.’’ Grover Gun- that Act, to make corrections in the provi- Susan learned of a new anti-convulsant drug drilling has become a critical supplier sions relating to captive wildlife offenses called Keppra and obtained a sample. ‘‘The for industries as diverse as aerospace under that Act, and for other purposes. first day we started Lauren on the medica- engineering and nuclear power, and its H.R. 637. An act to authorize the Sec- tion,’’ Susan says, ‘‘her seizures subsided. retary, in cooperation with the City of San It’s been almost nine years, and she hasn’t components are used in products as Juan Capistrano, California, to participate had a seizure since. This drug won’t work for varied as medical devices and semi- in the design, planning, and construction of everyone, but it has been a magic bullet for conductors. an advanced water treatment plant facility Lauren. She is blooming.’’ To care for its staff, Grover and recycled water system, and for other Susan and David see their daughter regain- Gundrilling generously provides its em- purposes. ing some lost ground: social intuition, emo- ployees with full family medical cov- tional responses, humor. ‘‘It’s like little The message also announced that the erage, flexible scheduling, and the com- House has passed the bill (S. 234) to areas of her brain are waking up,’’ Susan pany encourages its workers to pursue says. ‘‘She never has a harsh word for any- designate the facility of the United one, though she did think the Presidential higher learning by offering educational States Postal Service located at 2105 campaign went on a little too long. The reimbursement. And the company of- East Cook Street in Springfield, Illi- Thanksgiving before last, she asked David, fers a multitude of incentives to stellar nois, as the ‘‘Colonel John H. Wilson, ‘When is this running-for-President thing employees, including family snowmo- Jr. Post Office Building’’, without going to be finished?’ ’’ biling trips and tickets to a variety of amendment. CURE is run by parents. Susan has worked area events. for more than a decade without pay, pushing GGI is also dedicated to supporting At 4:03 p.m., a message from the back at the monster robbing Lauren of a nor- its community in a variety of ways. mal life. ‘‘Nothing can match the anguish of House of Representatives, delivered by the mom of a chronically ill child,’’ David The Grovers donate significant time Ms. Niland, one of its reading clerks, says, ‘‘but Susan turned that anguish into and energy to the Oxford County Fair, announced that the House has passed action. She’s devoted her life to saving other a fun-filled annual tradition for the the following bill, in which it requests kids and families from the pain Lauren and families of Oxford County and western the concurrence of the Senate: our family have known. What she’s done is Maine. They also created the Boxberry amazing.’’ H.R. 1105. An act making omnibus appro- School, a nonprofit independent ele- priations for the fiscal year ending Sep- ‘‘Complete freedom from seizures—without mentary school for K through sixth side effects—is what we want,’’ Susan says. tember 30, 2009, and for other purposes. graders that combines multiage class- ‘‘It’s too late for us, so we committed our- f selves to the hope that we can protect future es, individual attention, and an inte- generations from having their lives defined grated art curriculum with the Maine MEASURES REFERRED and devastated by this disorder.’’∑ Learning Results standards. The The following bill was read the first f Grovers also volunteer in various ca- pacities with the 4–H Club, and the second times by unanimous HONORING GROVER GUNDRILLING Androscoggin Home Health, the Oxford consent, and referred as indicated: INC. Food Pantry, and Aspire Higher, and H.R. 637. An act to authorize the Sec- ∑ Ms. SNOWE. Mr. President, this Suzanne Grover serves on the board of retary, in cooperation with the City of San week marks the Consortium of Entre- directors of the Growth Council. Juan Capistrano, California, to participate preneurship Education’s 3rd Annual Carving out a niche in the machine in the design, planning, and construction of National Entrepreneurship Week, a an advanced water treatment plant facility tool world, Grover Gundrilling has ex- and recycled water system, and for other time to celebrate the history of Amer- celled as a leader in precision deephole purposes; to the Committee on Energy and ican entrepreneurship and to highlight drilling. It is entrepreneurs like Su- Natural Resources. new and upcoming entrepreneurs and zanne and Rupert Grover who are going small business owners. As ranking to revitalize our economy, and I am f member of the Senate Committee on proud to call them constituents. I wish MEASURES READ THE FIRST TIME Small Business and Entrepreneurship, I Rupert and Suzanne Grover, as well as am all the more aware of the countless Garth, their son, and GGI’s president, The following bills were read the first contributions entrepreneurs have made their daughter Jessica, and everyone at time: to the success of this Nation. In that Grover Gundrilling Inc. a successful H.R. 1105. An act making omnibus appro- vein, I rise today to recognize Grover year.∑ priations for the fiscal year ending Sep- tember 30, 2009, and for other purposes. Gundril- f ling Inc., a small business in my home S. 478. A bill to amend the National Labor MESSAGES FROM THE PRESIDENT Relations Act to ensure the right of employ- State of Maine that brings a very ees to a secret-ballot election conducted by unique and critical skill to the North- Messages from the President of the the National Labor Relations Board. east. United States were communicated to S. 482. A bill to require Senate candidates A second generation family-owned the Senate by Mrs. Neiman, one of his to file designations, statements, and reports small business, Grover Gundrilling, or secretaries. in electronic form.

VerDate Nov 24 2008 03:00 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G25FE6.007 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2472 CONGRESSIONAL RECORD — SENATE February 25, 2009 EXECUTIVE AND OTHER ‘‘Fisheries of the Caribbean, Gulf of Mexico, EC–819. A communication from the Pro- COMMUNICATIONS and South Atlantic; Coastal Migratory Pe- gram Analyst, Federal Aviation Administra- lagic Resources of the Gulf of Mexico and tion, Department of Transportation, trans- The following communications were South Atlantic; Closure’’ (RIN0648–XM85) re- mitting, pursuant to law, the report of a rule laid before the Senate, together with ceived in the Office of the President of the entitled ‘‘Airworthiness Directives; Airbus accompanying papers, reports, and doc- Senate on February 9, 2009; to the Com- Model A330–200 and –300 Series Airplanes, and uments, and were referred as indicated: mittee on Commerce, Science, and Transpor- Airbus Model A340–200, –300, –500, and –600 Se- EC–802. A communication from the Direc- tation. ries Airplanes’’ ((RIN2120–AA64)(Docket No. EC–812. A communication from the Acting tor of Program Development and Regulatory FAA–2009–0122)) received in the Office of the Director of the Office of Sustainable Fish- Analysis, Rural Development Utilities Pro- President of the Senate on February 9, 2009; eries, National Marine Fisheries Service, De- gram, Department of Agriculture, transmit- to the Committee on Commerce, Science, partment of Commerce, transmitting, pursu- ting, pursuant to law, the report of a rule en- and Transportation. ant to law, the report of a rule entitled titled ‘‘Amending the Water and Waste Pro- EC–820. A communication from the Pro- ‘‘Fisheries of the Exclusive Economic Zone gram Regulations’’ (RIN0572–AC11) received gram Analyst, Federal Aviation Administra- Off Alaska; Atka Mackerel in the Bering Sea in the Office of the President of the Senate tion, Department of Transportation, trans- and Aleutian Islands Management Area’’ on February 9, 2009; to the Committee on Ag- mitting, pursuant to law, the report of a rule (RIN0648–XM81) received in the Office of the riculture, Nutrition, and Forestry. entitled ‘‘Revocation of Class E Airspace; President of the Senate on February 9, 2009; EC–803. A communication from the Admin- Altus AFB, OK’’ ((Docket No. FAA–2009– to the Committee on Commerce, Science, istrator, Agricultural Marketing Service, 0001)(Airspace Docket No. 09–ASW–2)) re- and Transportation. Department of Agriculture, transmitting, ceived in the Office of the President of the EC–813. A communication from the Acting Senate on February 9, 2009; to the Com- pursuant to law, the report of a rule entitled Director of the Office of Sustainable Fish- ‘‘Grapes Grown in a Designated Area of mittee on Commerce, Science, and Transpor- eries, National Marine Fisheries Service, De- tation. Southeastern California and Imported Table partment of Commerce, transmitting, pursu- Grapes; Change in Regulatory Periods’’ EC–821. A communication from the Pro- ant to law, the report of a rule entitled gram Analyst, Federal Aviation Administra- ((Docket No. AMS–FV–06–0184) (FV03–925–1 ‘‘Fisheries of the Exclusive Economic Zone IFR)) received in the Office of the President tion, Department of Transportation, trans- Off Alaska; Pollock in Statistical Area 610 in mitting, pursuant to law, the report of a rule of the Senate on February 9, 2009; to the the Gulf of Alaska’’ (RIN0648–XM87) received Committee on Agriculture, Nutrition, and entitled ‘‘Airworthiness Directives; Learjet in the Office of the President of the Senate Model 55, 55B, and 55C Airplanes’’ ((RIN2120- Forestry. on February 9, 2009; to the Committee on EC–804. A communication from the Direc- AA64)(Docket No. FAA-2009-0054)) received in Commerce, Science, and Transportation. the Office of the President of the Senate on tor, Financial Management and Assurance, EC–814. A communication from the Acting Government Accountability Office, trans- February 9, 2009; to the Committee on Com- Director of the Office of Sustainable Fish- merce, Science, and Transportation. mitting, pursuant to law, a report relative to eries, National Marine Fisheries Service, De- EC–822. A communication from the Pro- certificated expenditures; to the Committee partment of Commerce, transmitting, pursu- gram Analyst, Federal Aviation Administra- on Appropriations. ant to law, the report of a rule entitled tion, Department of Transportation, trans- EC–805. A communication from the Acting ‘‘Fisheries of the Exclusive Economic Zone mitting, pursuant to law, the report of a rule Assistant Secretary, Office of Legislative Af- Off Alaska; Pollock in Statistical Area 630 in entitled ‘‘Airworthiness Directives; fairs, Department of Homeland Security, the Gulf of Alaska’’ (RIN0648–XM88) received Turbomeca Turmo IV A and IV C Series Tur- transmitting, pursuant to law, a report rel- in the Office of the President of the Senate boshaft Engines’’ ((RIN2120-AA64)(Docket ative to the Critical Skills Retention Bonus on February 9, 2009; to the Committee on No. FAA-2006-25730)) received in the Office of program for military personnel; to the Com- Commerce, Science, and Transportation. mittee on Armed Services. EC–815. A communication from the Acting the President of the Senate on February 9, EC–806. A communication from the Assist- Director of the Office of Sustainable Fish- 2009; to the Committee on Commerce, ant Secretary of Defense (Homeland Defense eries, National Marine Fisheries Service, De- Science, and Transportation. and Americas’ Security Affairs), transmit- partment of Commerce, transmitting, pursu- EC–823. A communication from the Pro- ting, pursuant to law, a report relative to as- ant to law, the report of a rule entitled gram Analyst, Federal Aviation Administra- sistance provided by the Department to ci- ‘‘Fisheries of the Exclusive Economic Zone tion, Department of Transportation, trans- vilian sporting events during calendar year Off Alaska; Pacific Cod by Vessels Partici- mitting, pursuant to law, the report of a rule 2008; to the Committee on Armed Services. pating in the Amendment 80 Limited Access entitled ‘‘Airworthiness Directives; Rolls- EC–807. A communication from the Sec- Fishery in Bering Sea and Aleutian Islands Royce Corporation AE 3007A1E and AE 1107C retary of the Treasury, transmitting, pursu- Management Area’’ (RIN0648–XM83) received Turbofan/Turboshaft Engines’’ ((RIN2120- ant to law, a six-month periodic report on in the Office of the President of the Senate AA64)(Docket No. FAA-2008-0230)) received in the national emergency with respect to per- on February 9, 2009; to the Committee on the Office of the President of the Senate on sons undermining democratic processes or Commerce, Science, and Transportation. February 9, 2009; to the Committee on Com- institutions in Zimbabwe that was declared EC–816. A communication from the Direc- merce, Science, and Transportation. in Executive Order 13288 of March 6, 2003; to tor of the Office of Sustainable Fisheries, EC–824. A communication from the Pro- the Committee on Banking, Housing, and National Marine Fisheries Service, Depart- gram Analyst, Federal Aviation Administra- Urban Affairs. ment of Commerce, transmitting, pursuant tion, Department of Transportation, trans- EC–808. A communication from the Chair- to law, the report of a rule entitled ‘‘Fish- mitting, pursuant to law, the report of a rule man, Board of Governors of the Federal Re- eries in the Western Pacific; American entitled ‘‘Airworthiness Directives; Pratt & serve System, transmitting, pursuant to law, Samoa Pelagic Longline Limited Entry Pro- Whitney PW4090 and PW4090-3 Turbofan En- the Board’s semiannual Monetary Policy Re- gram’’ (RIN0648–XM69) received in the Office gines’’ ((RIN2120-AA64)(Docket No. FAA-2007- port; to the Committee on Banking, Housing, of the President of the Senate on February 9, 29110)) received in the Office of the President and Urban Affairs. 2009; to the Committee on Commerce, of the Senate on February 9, 2009; to the EC–809. A communication from the General Science, and Transportation. Committee on Commerce, Science, and Counsel, National Credit Union Administra- EC–817. A communication from the Chief of Transportation. tion, transmitting, pursuant to law, the re- Staff, Media Bureau, Federal Communica- EC–825. A communication from the Pro- port of a rule entitled ‘‘Unfair or Deceptive tions Commission, transmitting, pursuant to gram Analyst, Federal Aviation Administra- Acts or Practices’’ (RIN3133–AD47) received law, the report of a rule entitled ‘‘Amend- tion, Department of Transportation, trans- in the Office of the President of the Senate ment of Section 73.622(i), Final DTV Table of mitting, pursuant to law, the report of a rule on February 9, 2009; to the Committee on Allotments, Television Broadcast Stations; entitled ‘‘Airworthiness Directives; Banking, Housing, and Urban Affairs. Santa Ana, California’’ (MB Docket No. 08– Wytwornia Sprzetu Komunikacyjnego ‘‘PZL- EC–810. A communication from the Chair- 250) received in the Office of the President of Rzeszow’’ S.A. PZL-10W Turboshaft Engines’’ man of the Office of Proceedings, Surface the Senate on February 9, 2009; to the Com- ((RIN2120-AA64)(Docket No. FAA-2008-1068)) Transportation Board, Department of Trans- mittee on Commerce, Science, and Transpor- received in the Office of the President of the portation, transmitting, pursuant to law, the tation. Senate on February 9, 2009; to the Com- report of a rule entitled ‘‘Solid Waste Rail EC–818. A communication from the Pro- mittee on Commerce, Science, and Transpor- Transfer Facilities’’ (STB Ex Parte No. 684) gram Analyst, Federal Aviation Administra- tation. received in the Office of the President of the tion, Department of Transportation, trans- EC–826. A communication from the Pro- Senate on February 9, 2009; to the Com- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives; Cessna tion, Department of Transportation, trans- tation. Aircraft Company Models 401, 401A, 401B, 402, mitting, pursuant to law, the report of a rule EC–811. A communication from the Acting 402A, and 402B Airplanes’’ ((RIN2120– entitled ‘‘Update of August 2001 Overflight Director of the Office of Sustainable Fish- AA64)(Docket No. FAA–2009–0118)) received Fees’’ (14 CFR Part 187) received in the Office eries, National Marine Fisheries Service, De- in the Office of the President of the Senate of the President of the Senate on February 9, partment of Commerce, transmitting, pursu- on February 9, 2009; to the Committee on 2009; to the Committee on Commerce, ant to law, the report of a rule entitled Commerce, Science, and Transportation. Science, and Transportation.

VerDate Nov 24 2008 01:37 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.035 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2473 EC–827. A communication from the Pro- EXECUTIVE REPORTS OF on such schools’ athletic programs, and for gram Analyst, Federal Aviation Administra- COMMITTEES other purposes; to the Committee on Health, tion, Department of Transportation, trans- Education, Labor, and Pensions. mitting, pursuant to law, the report of a rule The following executive reports of By Mr. VITTER (for himself, Mr. SHEL- entitled ‘‘Revocation of Class E Airspace; nominations were submitted: BY, and Mrs. HUTCHISON): Rockport, TX’’ ((Docket No. FAA-2008- By Mr. LEVIN for the Committee on S. 472. A bill to provide for congressional 0988)(Airspace Docket No. 08-ASW-20)) re- Armed Services. approval of national monuments and restric- ceived in the Office of the President of the Navy nomination of Capt. Brian P. tions on the use of national monuments; to Senate on February 9, 2009; to the Com- Monahan, to be Rear Admiral. the Committee on Energy and Natural Re- mittee on Commerce, Science, and Transpor- Navy nomination of Rear Adm. (lh) Mi- sources. tation. chael A. Brown, to be Rear Admiral. By Mr. DURBIN (for himself, Mr. WICK- EC–828. A communication from the Pro- ER, Mr. AKAKA, Mr. BAUCUS, Mr. Mr. LEVIN. Mr. President, for the gram Analyst, Federal Aviation Administra- BINGAMAN, Mr. BOND, Mr. CARDIN, Mr. tion, Department of Transportation, trans- Committee on Armed Services I report COCHRAN, Mr. KENNEDY, Mr. mitting, pursuant to law, the report of a rule favorably the following nomination LIEBERMAN, Mrs. LINCOLN, Mrs. MUR- entitled ‘‘Revision of Class E Airspace; Ga- lists which were printed in the RAY, Mr. REED, Mr. ROBERTS, Mr. lena, AK’’ ((Docket No. FAA-2008- RECORDS on the dates indicated, and SANDERS, Mr. SCHUMER, Mr. 0957)(Airspace Docket No. 08-AAL-27)) re- ask unanimous consent, to save the ex- WHITEHOUSE, Mr. LEVIN, Mr. REID, ceived in the Office of the President of the pense of reprinting on the Executive and Ms. STABENOW): S. 473. A bill to establish the Senator Paul Senate on February 9, 2009; to the Com- Calendar that these nominations lie at mittee on Commerce, Science, and Transpor- Simon Study Abroad Foundation; to the tation. the Secretary’s desk for the informa- Committee on Health, Education, Labor, and EC–829. A communication from the Pro- tion of Senators. Pensions. gram Analyst, Federal Aviation Administra- The PRESIDING OFFICER. Without By Mr. GRASSLEY (for himself and tion, Department of Transportation, trans- objection, it is so ordered. Mrs. MCCASKILL): mitting, pursuant to law, the report of a rule Air Force nominations beginning with S. 474. A bill to amend the Congressional entitled ‘‘Establishment of Class D Airspace; Brian D. Akins and ending with Jeffrey J. Accountability Act of 1995 to apply whistle- Branson, MO’’ ((Docket No. FAA-2008- Wiegand, which nominations were received blower protections available to certain exec- utive branch employees to legislative branch 1102)(Airspace Docket No. 08-AGL-8)) re- by the Senate and appeared in the CONGRES- employees, and for other purposes; to the ceived in the Office of the President of the SIONAL RECORD on February 9, 2009. Senate on February 9, 2009; to the Com- Navy nominations beginning with Chris- Committee on Homeland Security and Gov- mittee on Commerce, Science, and Transpor- topher M. Andrews and ending with Ezekiel ernmental Affairs. tation. J. Wetzel, which nominations were received By Mr. BURR (for himself and Mrs. FEINSTEIN): EC–830. A communication from the Pro- by the Senate and appeared in the CONGRES- S. 475. A bill to amend the Servicemembers gram Analyst, Federal Aviation Administra- SIONAL RECORD on February 9, 2009. tion, Department of Transportation, trans- Civil Relief Act to guarantee the equity of mitting, pursuant to law, the report of a rule (Nominations without an asterisk spouses of military personnel with regard to entitled ‘‘Establishment of Colored Federal were reported with the recommenda- matters of residency, and for other purposes; Airways; Alaska’’ ((Docket No. FAA-2008- tion that they be confirmed.) to the Committee on Veterans’ Affairs. 0661)(Airspace Docket No. 08-AAL-19)) re- By Mrs. BOXER (for herself and Mr. f ceived in the Office of the President of the BOND): Senate on February 9, 2009; to the Com- INTRODUCTION OF BILLS AND S. 476. A bill to amend title 10, United States Code, to reduce the minimum dis- mittee on Commerce, Science, and Transpor- JOINT RESOLUTIONS tation. tance of travel necessary for reimbursement EC–831. A communication from the Pro- The following bills and joint resolu- of covered beneficiaries of the military gram Analyst, Federal Aviation Administra- tions were introduced, read the first health care system for travel for specialty tion, Department of Transportation, trans- and second times by unanimous con- health care; to the Committee on Armed mitting, pursuant to law, the report of a rule sent, and referred as indicated: Services. entitled ‘‘Amendment of Class E Airspace; By Mr. NELSON of Florida: By Ms. STABENOW (for herself, Mr. Tulsa, OK’’ ((Docket No. FAA–2008– S. 477. A bill to amend the Act entitled SPECTER, Mr. LEVIN, and Mr. INOUYE): 1231)(Airspace Docket No. 08–ASW–25)) re- ‘‘An Act authorizing associations of pro- S. 468. A bill to amend title XVIII of the ceived in the Office of the President of the ducers of aquatic products’’ to include per- Social Security Act to improve access to Senate on February 9, 2009; to the Com- sons engaged in the fishery industry as char- emergency medical services and the quality mittee on Commerce, Science, and Transpor- ter boats or recreational fishermen, and for and efficiency of care furnished in emer- tation. other purposes; to the Committee on Com- gency departments of hospitals and critical EC–832. A communication from the Pro- merce, Science, and Transportation. access hospitals by establishing a bipartisan gram Analyst, Federal Aviation Administra- By Mr. DEMINT (for himself, Mr. ALEX- commission to examine factors that affect tion, Department of Transportation, trans- ANDER, Mr. BURR, Mr. CORNYN, Mr. the effective delivery of such services, by mitting, pursuant to law, the report of a rule ENZI, Mr. INHOFE, Mr. ROBERTS, Mr. providing for additional payments for cer- entitled ‘‘Amendment of Class E Airspace; WICKER, Mr. VITTER, Mr. COBURN, Mr. tain physician services furnished in such Corpus Christi, TX’’ ((Docket No. FAA–2008– CORKER, Mr. MCCONNELL, Mr. emergency departments, and by establishing 0987)(Airspace Docket No. 08–ASW–19)) re- BUNNING, Mr. THUNE, Mr. MCCAIN, a Centers for Medicare & Medicaid Services ceived in the Office of the President of the Mr. BARRASSO, Mr. BROWNBACK, Mr. Working Group, and for other purposes; to Senate on February 9, 2009; to the Com- KYL, and Mr. SHELBY): the Committee on Finance. mittee on Commerce, Science, and Transpor- S. 478. A bill to amend the National Labor By Mr. VOINOVICH (for himself and tation. Relations Act to ensure the right of employ- EC–833. A communication from the Pro- Mr. KOHL): ees to a secret-ballot election conducted by gram Analyst, Federal Aviation Administra- S. 469. A bill to amend chapter 83 of title 5, the National Labor Relations Board; read tion, Department of Transportation, trans- United States Code, to modify the computa- the first time. mitting, pursuant to law, the report of a rule tion for part-time service under the Civil By Mr. CARDIN (for himself, Mr. WEBB, entitled ‘‘Amendment of Class E Airspace; Service Retirement System; to the Com- Mr. WARNER, Ms. MIKULSKI, Mr. CAR- Atlantic, IA’’ ((Docket No. FAA–2008– mittee on Homeland Security and Govern- PER, Mr. KAUFMAN, and Mr. CASEY): 1105)(Airspace Docket No. 08–AGL–10)) re- mental Affairs. S. 479. A bill to amend the Chesapeake Bay ceived in the Office of the President of the By Mr. DURBIN (for himself and Ms. Initiative Act of 1998 to provide for the con- Senate on February 9, 2009; to the Com- KLOBUCHAR): tinuing authorization of the Chesapeake Bay mittee on Commerce, Science, and Transpor- S. 470. A bill to combat organized crime in- Gateways and Watertrails Network; to the tation. volving the illegal acquisition of retail goods Committee on Environment and Public for the purpose of selling those illegally ob- Works. f tained goods through physical and online re- By Mr. BROWN: REPORTS OF COMMITTEES tail marketplaces; to the Committee on the S. 480. A bill to establish the Office of Re- Judiciary. gional Economic Adjustment in the Depart- The following reports of committees By Ms. SNOWE (for herself, Mrs. MUR- ment of Commerce, to assist regions affected were submitted: RAY, Mr. KENNEDY, Ms. MIKULSKI, Mr. by sudden and severe economic dislocation By Mr. BAUCUS, from the Committee on DURBIN, and Mr. BINGAMAN): by coordinating Federal, State, and local re- Finance, without amendment: S. 471. A bill to amend the Education sources for economic adjustment and by pro- S. Res. 54. An original resolution author- Sciences Reform Act of 2002 to require the viding technical assistance, and for other izing expenditures by the Committee on Fi- Statistics Commissioner to collect informa- purposes; to the Committee on Environment nance. tion from coeducational secondary schools and Public Works.

VerDate Nov 24 2008 03:00 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.037 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2474 CONGRESSIONAL RECORD — SENATE February 25, 2009 By Ms. SNOWE (for herself and Mr. KAUFMAN) was added as a cosponsor of S. 388 WHITEHOUSE): S. 146, a bill to amend the Federal anti- At the request of Ms. MIKULSKI, the S. 481. A bill to authorize additional Fed- trust laws to provide expanded cov- name of the Senator from New York eral Bureau of Investigation field agents to investigate financial crimes; to the Com- erage and to eliminate exemptions (Mr. SCHUMER) was added as a cospon- mittee on the Judiciary. from such laws that are contrary to the sor of S. 388, a bill to extend the termi- By Mr. FEINGOLD (for himself, Mr. public interest with respect to rail- nation date for the exemption of re- COCHRAN, Mr. SCHUMER, Mr. BENNETT, roads. turning workers from the numerical Mrs. FEINSTEIN, Mr. MCCAIN, Mr. S. 160 limitations for temporary workers. DURBIN, Mr. ALEXANDER, Mr. REID, At the request of Mr. LIEBERMAN, the S. 414 Mr. LUGAR, Mr. LIEBERMAN, Mr. name of the Senator from California ISAKSON, Mr. DODD, Mr. GRASSLEY, At the request of Mr. DODD, the name Mr. LEAHY, Mr. LEVIN, Mr. KERRY, (Mrs. FEINSTEIN) was added as a co- of the Senator from Vermont (Mr. Mr. AKAKA, Mr. HARKIN, Mr. NELSON sponsor of S. 160, a bill to provide the SANDERS) was added as a cosponsor of of Nebraska, Mr. REED, Mr. ROCKE- District of Columbia a voting seat and S. 414, a bill to amend the Consumer FELLER, Mr. BINGAMAN, Mr. BROWN, the State of Utah an additional seat in Credit Protection Act, to ban abusive and Mr. CARDIN): the House of Representatives. S. 482. A bill to require Senate candidates credit practices, enhance consumer dis- to file designations, statements, and reports S. 182 closures, protect underage consumers, in electronic form; read the first time. At the request of Mr. INOUYE, his and for other purposes. By Mr. DODD (for himself, Mr. name was added as a cosponsor of S. S. 422 LIEBERMAN, Mrs. BOXER, Mr. SCHU- 182, a bill to amend the Fair Labor At the request of Ms. STABENOW, the MER, Mrs. MCCASKILL, and Mr. BOND): Standards Act of 1938 to provide more name of the Senator from Illinois (Mr. S. 483. A bill to require the Secretary of effective remedies to victims of dis- the Treasury to mint coins in commemora- DURBIN) was added as a cosponsor of S. tion of Mark Twain; to the Committee on crimination in the payment of wages 422, a bill to amend the Federal Food, Banking, Housing, and Urban Affairs. on the basis of sex, and for other pur- Drug, and Cosmetic Act and the Public By Mrs. FEINSTEIN (for herself, Ms. poses. Health Service Act to improve the pre- COLLINS, Mr. DURBIN, Mr. KERRY, Mr. S. 277 vention, diagnosis, and treatment of BROWN, Mr. CARDIN, Mrs. BOXER, Mrs. At the request of Mr. NELSON of Flor- heart disease, stroke, and other cardio- LINCOLN, Mr. WHITEHOUSE, Mr. NEL- ida, his name was added as a cosponsor vascular diseases in women. SON of Florida, and Mr. MENENDEZ): of S. 277, a bill to amend the National S. 484. A bill to amend title II of the Social S. 423 and Community Service Act of 1990 to Security Act to repeal the Government pen- At the request of Mr. AKAKA, the expand and improve opportunities for sion offset and windfall elimination provi- name of the Senator from Oklahoma sions; to the Committee on Finance. service, and for other purposes. By Ms. MURKOWSKI (for herself and (Mr. INHOFE) was added as a cosponsor S. 322 of S. 423, a bill to amend title 38, Mr. BYRD): At the request of Mr. SCHUMER, the S.J. Res. 11. A joint resolution proposing United States Code, to authorize ad- an amendment to the Constitution of the name of the Senator from Virginia (Mr. vance appropriations for certain med- United States relative to a seat in the House WEBB) was added as a cosponsor of S. ical care accounts of the Department of of Representatives for the District of Colum- 322, a bill to amend the Internal Rev- Veterans Affairs by providing two-fis- bia; to the Committee on the Judiciary. enue Code of 1986 to equalize the exclu- cal year budget authority, and for f sion from gross income of parking and other purposes. transportation fringe benefits and to SUBMISSION OF CONCURRENT AND S. 428 SENATE RESOLUTIONS provide for a common cost-of-living ad- justment, and for other purposes. At the request of Mr. DORGAN, the The following concurrent resolutions name of the Senator from Oregon (Mr. S. 345 and Senate resolutions were read, and WYDEN) was added as a cosponsor of S. At the request of Mr. LUGAR, the referred (or acted upon), as indicated: 428, a bill to allow travel between the name of the Senator from Connecticut United States and Cuba. By Mr. BAUCUS: (Mr. LIEBERMAN) was added as a co- S. Res. 54. An original resolution author- S. RES. 20 izing expenditures by the Committee on Fi- sponsor of S. 345, a bill to reauthorize At the request of Mr. VOINOVICH, the nance; from the Committee on Finance; to the Tropical Forest Conservation Act the Committee on Rules and Administration. of 1998 through fiscal year 2012, to re- names of the Senator from West Vir- By Ms. SNOWE (for herself, Mrs. MUR- name the Tropical Forest Conservation ginia (Mr. BYRD) and the Senator from RAY, and Ms. MIKULSKI): Act of 1998 as the ‘‘Tropical Forest and New Hampshire (Mrs. SHAHEEN) were S. Res. 55. A resolution designating each of Coral Conservation Act of 2009’’, and added as cosponsors of S. Res. 20, a res- February 4, 2009, and February 3, 2010, as for other purposes. olution celebrating the 60th anniver- ‘‘National Women and Girls in Sports Day’’; sary of the North Atlantic Treaty Or- to the Committee on the Judiciary. S. 356 By Mr. LUGAR: At the request of Mrs. BOXER, the ganization. S. Res. 56. A resolution urging the Govern- name of the Senator from Maine (Ms. S. RES. 53 ment of Moldova to ensure a fair and demo- SNOWE) was added as a cosponsor of S. At the request of Mrs. LINCOLN, the cratic election process for the parliamentary 356, a bill to amend the Bank Holding names of the Senator from Ohio (Mr. elections on April 5, 2009; to the Committee BROWN), the Senator from Illinois (Mr. on Foreign Relations. Company Act of 1956 and the Revised URRIS By Mr. CARDIN (for himself, Ms. COL- Statutes of the United States to pro- B ), the Senator from Mississippi LINS, Mr. ROCKEFELLER, Ms. MIKUL- hibit financial holding companies and (Mr. COCHRAN), the Senator from Texas SKI, and Mr. BINGAMAN): national banks from engaging, directly (Mrs. HUTCHISON), the Senator from S. Con. Res. 8. A concurrent resolution ex- or indirectly, in real estate brokerage Georgia (Mr. ISAKSON), the Senator pressing support for Children’s Dental or real estate management activities, from Michigan (Ms. STABENOW) and the Health Month and honoring the memory of Senator from Michigan (Mr. LEVIN) Deamonte Driver; considered and agreed to. and for other purposes. S. 371 were added as cosponsors of S. Res. 53, f At the request of Mr. THUNE, the a resolution authorizing a plaque com- ADDITIONAL COSPONSORS names of the Senator from Idaho (Mr. memorating the role of enslaved Afri- S. 34 RISCH) and the Senator from Idaho (Mr. can Americans in the construction of At the request of Mr. DEMINT, the CRAPO) were added as cosponsors of S. the Capitol. name of the Senator from Utah (Mr. 371, a bill to amend chapter 44 of title f BENNETT) was added as a cosponsor of 18, United States Code, to allow citi- S. 34, a bill to prevent the Federal zens who have concealed carry permits STATEMENTS ON INTRODUCED Communications Commission from re- from the State in which they reside to BILLS AND JOINT RESOLUTIONS promulgating the fairness doctrine. carry concealed firearms in another By Mr. VOINOVICH (for himself S. 146 State that grants concealed carry per- and Mr. KOHL): At the request of Mr. KOHL, the name mits, if the individual complies with S. 469. A bill to amend chapter 83 of of the Senator from Delaware (Mr. the laws of the State. title 5, United States Code, to modify

VerDate Nov 24 2008 01:37 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.046 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2475 the computation for part-time service marketplaces, and law enforcement FBI estimate that this crime costs re- under the Civil Service Retirement agencies work together to stop this tailers approximately $30 billion per System; to the Committee on Home- crime. I am pleased that my colleague year and deprives states of hundreds of land Security and Governmental Af- Senator KLOBUCHAR is joining me in in- millions of dollars in lost sales tax rev- fairs. troducing this important legislation, enues. The proceeds of organized retail Mr. VOINOVICH. Mr. President, I am and I look forward to working with her crime can be used to finance other pleased to be joined by Senator KOHL in and all my colleagues to see it passed forms of criminal behavior, including introducing legislation to assist many into law. gang activity, drug trafficking and of our Nation’s public servants who I recently became Chairman of the international terrorism. Further, orga- choose to work part-time for a portion Senate Crime and Drugs Subcommittee nized retail crime often involves the of their Federal career. The legislation and I hope to hold a hearing in the resale of consumable goods like baby is timely given the increasing number Subcommittee on the problem of orga- formula or medical diagnostic tests of Federal employees eligible to retire nized retail crime and the Combating like diabetic strips, which can cause and the need for agencies to retain an Organized Retail Crime Act. I also significant harm to consumers when experienced workforce to carry out want to acknowledge that Congress- stored improperly or sold past their ex- critical government functions. man BOBBY SCOTT, the Chairman of the piration date. Our legislation would change the House Crime Subcommittee, and Con- Although the problem of organized computation of Civil Service Retire- gressman BRAD ELLSWORTH are each in- retail crime predates the economic cri- ment System, CSRS, annuities involv- troducing bills to crack down on orga- sis facing our nation, the current reces- ing part-time service by correcting an nized retail crime. I look forward to sion has lent more urgency to the need anomaly that is a disincentive for em- working with them and all of my col- to curb organized retail crime. In re- ployees nearing the end of their careers leagues to enact legislation that will cent months theft and shoplifting from address this growing problem in a com- who would like to phase into retire- retailers has increased and retailers’ prehensive and effective manner. ment by working part-time. Under cur- revenues have decreased, thus enlarg- Organized retail crime rings cur- ing the bite that organized retail crime rent law, if an employee under the rently operate across the Nation and has taken out of retailers’ balance CSRS system with substantial full- internationally. Their criminal activ- sheets. A December 2008 survey by the time service before 1986 switches to a ity begins with the coordinated theft of Retail Industry Leaders Association part-time schedule at the end of his or large amounts of items from retail found that 80 percent of the retailers her career, the high-three average sal- stores with the intent to resell those surveyed reported experiencing an in- ary that is applied to service before items. The foot soldiers in these orga- crease in organized retail crime since 1986 is the pro-rated salary or, if high- nized retail crime rings are profes- the start of the current economic er, the full-time salary from the years sional shoplifters, called ‘‘boosters,’’ downturn. In a 2008 survey of loss pre- before the employee began working who steal from retail stores such items vention executives performed by the part-time. This often results in a dis- as over-the-counter drugs, baby for- proportionate reduction in the employ- mula, medical diagnostic tests, health National Retail Federation, 85 percent ee’s benefit. and beauty aids, clothing, razor blades, of the 114 retailers surveyed indicated The legislation would clarify that and electronic devices. These boosters that their company had been a victim CSRS annuities based in whole or in often use sophisticated means for evad- of organized retail crime in the past 12 part on part-time service should be ing retailer anti-theft safeguards, and months. Many law enforcement offi- pro-rated for the period of service that occasionally dishonest retail employ- cials predict that organized retail was performed on a part-time basis. ees are complicit in the theft. Each crime will continue to increase during The correction will help agencies, as booster routinely steals thousands of these troubled economic times. part of their succession planning ef- dollars worth of items from multiple After I introduced legislation on this forts, in retaining the expertise of staff stores, and delivers the items to a subject last Congress, I listened to the that elect to work on a part-time basis ‘‘fence,’’ or a person who buys stolen views of stakeholders from law enforce- at the end of their Federal careers. It is products from boosters for a fee that is ment, the retail community, and the my hope agencies will include this tool frequently paid in cash or drugs. Internet marketplace community, and in their human capital plans to help fa- Today, organized retail crime rings have made several revisions to my leg- cilitate the transfer of knowledge to often enlist numerous fences to deliver islation in response to their sugges- the next generation of government stolen retail goods to processing and tions. The legislation I am introducing leaders. storage warehouses operated by the today, the Combating Organized Retail I urge my colleagues to support this rings. At these warehouse locations, Crime Act of 2009, would do the fol- legislation. teams of workers sort the stolen items, lowing: disable anti-theft tracking devices, and First, it would toughen the criminal By Mr. DURBIN (for himself and Ms. remove labels that identify the items code’s treatment of organized retail KLOBUCHAR): with a particular retailer. In some in- crime. It would refine certain offenses, S. 470. A bill to combat organized stances, they alter items’ expiration such as the crimes of interstate trans- crime involving the illegal acquisition dates, replace labels with those of more port and sale of stolen goods, to cap- of retail goods for the purpose of sell- expensive products, or dilute products ture conduct that is being committed ing those illegally obtained goods and repackage the modified contents in by individuals engaged in organized re- through physical and online retail mar- seemingly-authentic packaging. Often, tail crime. It would also require the ketplaces; to the Committee on the Ju- the conditions in which these stolen U.S. Sentencing Commission to con- diciary. goods are transported, handled and sider relevant sentencing guideline en- Mr. DURBIN. Mr. President, I rise to stored are substandard, leading to the hancements. speak about legislation that I am in- deterioration or contamination of the Second, the bill would establish a re- troducing today, the Combating Orga- goods. porting system through which evidence nized Retail Crime Act of 2009. This Organized retail crime rings typi- of organized retail crime can be effec- legislation takes important steps to cally resell their stolen merchandise in tively shared between the victimized confront the growing problem of orga- physical marketplaces, such as flea retailers, the marketplaces where nized criminal activity involving sto- markets and swap-meets, or on Inter- items are being resold, and the Justice len and resold retail goods. This orga- net auction sites. Internet sites are Department. The bill would create a nized retail crime costs retailers bil- particularly tempting avenues for form that retailers could use to de- lions of dollars per year and creates these sales, since the Internet reaches scribe suspected illegal sales activity significant health and safety risks for a worldwide market and allows sellers involving goods that were stolen from consumers. My legislation will toughen to operate anonymously and maximize that retailer. The retailer would sign criminal laws and put in place effective return. and submit this form to both the Jus- regulatory and information-sharing Organized retail crime has a variety tice Department and to the operator of measures to help retailers, secondary of harmful effects. Retailers and the a physical or online marketplace where

VerDate Nov 24 2008 01:37 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.049 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2476 CONGRESSIONAL RECORD — SENATE February 25, 2009 the stolen goods are suspected of being Mr. President, I ask unanimous con- (1) REVIEW AND AMENDMENT.— offered for resale. Upon receiving the sent that the text of the bill be printed (A) IN GENERAL.—The United States Sen- form, the marketplace operator would in the RECORD. tencing Commission, pursuant to its author- be required to conduct an account re- There being no objection, the text of ity under section 994 of title 28, United States Code, and in accordance with this view of the suspected sellers and pro- the bill was ordered to be printed in subsection, shall review and, if appropriate, vide the results of that account review the RECORD, as follows: amend the Federal sentencing guidelines (in- to the Justice Department. This re- S. 470 cluding its policy statements) applicable to porting system would ensure that the Be it enacted by the Senate and House of Rep- persons convicted of offenses involving orga- Justice Department receives informa- resentatives of the United States of America in nized retail crime, which is the coordinated tion from both retailers and market- Congress assembled, acquisition of large volumes of retail mer- places in order to piece together orga- SECTION 1. SHORT TITLE. chandise by theft, embezzlement, fraud, false nized retail crime investigations and This Act may be cited as the ‘‘Combating pretenses, or other illegal means from com- prosecutions. Organized Retail Crime Act of 2009’’. mercial entities engaged in interstate com- merce for the purpose of selling or distrib- Third, the bill would require that SEC. 2. FINDINGS. Congress finds the following: uting the illegally obtained items in the when a marketplace operator is pre- stream of commerce. sented with clear and convincing evi- (1) Organized retail crime involves the co- ordinated acquisition of large volumes of re- (B) OFFENSES.—Offenses referred to in sub- dence that a seller on that marketplace tail merchandise by theft, embezzlement, paragraph (A) may include offenses con- is selling stolen goods, the operator fraud, false pretenses, or other illegal means tained in— must terminate that seller’s activities from commercial entities engaged in inter- (i) sections 1029, 2314, and 2315 of title 18, unless the seller can produce excul- state commerce, for the purpose of selling or United States Code; and patory evidence. The bill would also re- distributing such illegally obtained items in (ii) any other relevant provision of the United States Code. quire that when a marketplace oper- the stream of commerce. Organized retail crime is a growing problem nationwide that (2) REQUIREMENTS.—In carrying out the re- ator is presented with evidence of quirements of this subsection, the United criminal activity involving a seller costs American companies and consumers billions of dollars annually and that has a States Sentencing Commission shall— who offers consumable goods or med- substantial and direct effect upon interstate (A) ensure that the Federal sentencing ical diagnostic tests on that market- commerce. guidelines (including its policy statements) place, the operator must immediately (2) The illegal acquisition and black-mar- reflect— suspend the ability of that seller to sell ket sale of merchandise by persons engaged (i) the serious nature and magnitude of or- such goods because of the potentially in organized retail crime result in an esti- ganized retail crime; and mated annual loss of hundreds of millions of (ii) the need to deter, prevent, and punish imminent danger to public safety. offenses involving organized retail crime; Additionally, the bill would require dollars in sales and income tax revenues to State and local governments. (B) consider the extent to which the Fed- high-volume sellers on Internet mar- eral sentencing guidelines (including its pol- ketplace sites to provide a physical ad- (3) The illegal acquisition, unsafe tam- pering and storage, and unregulated redis- icy statements) adequately address offenses dress to the marketplace operator. tribution of consumer products such as baby involving organized retail crime to suffi- This address would be shared with the formula, over-the-counter drugs, medical di- ciently deter and punish such offenses; Justice Department and with retailers agnostic tests, and other items by persons (C) maintain reasonable consistency with who attest and provide evidence that engaged in organized retail crime pose a other relevant directives and sentencing the high-volume seller is suspected of health and safety hazard to consumers na- guidelines; (D) account for any additional aggravating reselling goods stolen from that re- tionwide. (4) Investigations into organized retail or mitigating circumstances that might jus- tailer. This address-sharing regime will tify exceptions to the generally applicable permit appropriate inquiries to deter- crime have revealed that the illegal income resulting from such crime often benefits per- sentencing ranges; and mine whether high-volume Internet sons and organizations engaged in other (E) consider whether to provide a sen- sellers are legitimate operations, and forms of criminal activity, such as drug traf- tencing enhancement for those convicted of is similar to address-sharing regimes ficking and gang activity. conduct involving organized retail crime, that permit inquiries into possible (5) Items obtained through organized retail where the conduct involves— copyright violations by online sellers. crime are resold in a variety of different (i) a threat to public health and safety, in- In sum, the Combating Organized Re- marketplaces, including flea markets, swap cluding alteration of an expiration date or of product ingredients; tail Crime Act of 2009 is targeted legis- meets, open-air markets, and Internet auc- tion websites. Increasingly, persons engaged (ii) theft, conversion, alteration, or re- lation that aims to deter organized re- moval of a product label; tail crime and facilitate the identifica- in organized retail crime use Internet auc- tion websites to resell illegally obtained (iii) a second or subsequent offense; or tion and prosecution of those who par- items. The Internet offers such sellers a (iv) the use of advanced technology to ac- ticipate in it. The bill heightens the worldwide market and a degree of anonymity quire retail merchandise by means of theft, penalties for organized retail crime, that physical marketplace settings do not embezzlement, fraud, false pretenses, or shuts down criminals who are selling offer. other illegal means. SEC. 4. SALES OF ILLEGALLY OBTAINED ITEMS IN stolen goods, and places valuable infor- SEC. 3. OFFENSES RELATED TO ORGANIZED RE- PHYSICAL OR ONLINE RETAIL MAR- TAIL CRIME. mation about illegal activity into the KETPLACES. (a) TRANSPORTATION OF STOLEN GOODS.— hands of law enforcement. This legisla- (a) IN GENERAL.—Chapter 113 of title 18, The first undesignated paragraph of section tion has broad support in the retail in- United States Code, is amended by adding at 2314 of title 18, United States Code, is amend- the end the following: dustry in my home state of Illinois and ed by inserting after ‘‘more,’’ the following: nationwide. It is supported by the Illi- ‘‘or, during any 12-month period, of an aggre- ‘‘§ 2324. Physical and online retail market- nois Retail Merchants Association, the gate value of $5,000 or more during that pe- places National Retail Federation, the Retail riod,’’. ‘‘(a) DEFINITIONS.—As used in this section, Industry Leaders Association, the Food (b) SALE OR RECEIPT OF STOLEN GOODS.— the following definitions shall apply: Marketing Institute, the National As- The first undesignated paragraph of section ‘‘(1) HIGH VOLUME SELLER.—The term ‘high sociation of Chain Drug Stores, and the 2315 of title 18, United States Code, is amend- volume seller’ means a user of an online re- tail marketplace who, in any continuous 12- Coalition to Stop Organized Retail ed by inserting after ‘‘$5,000 or more,’’ the following: ‘‘or, during any 12-month period, month period during the previous 24 months, Crime, whose members include such re- of an aggregate value of $5,000 or more dur- has entered into— tail chains as Walgreens, Home Depot, ing that period,’’. ‘‘(A) multiple discrete sales or transactions Target, Wal-Mart, Safeway, and (c) FRAUD IN CONNECTION WITH ACCESS DE- resulting in the accumulation of an aggre- Macy’s. VICES.—Section 1029(e)(1) of title 18, United gate total of $12,000 or more in gross reve- Organized retail crime is a growing States Code, is amended by inserting ‘‘Uni- nues; or problem nationwide. There is a press- versal Product Code label or similar product ‘‘(B) 200 or more discrete sales or trans- ing need to address it, particularly in code label, gift card, stock keeping unit actions resulting in the accumulation of an light of the weakening economy and number, radio-frequency identification tag, aggregate total of $5,000 or more in gross rev- electronic article surveillance tag,’’ after enues. the risks such crime creates for un- ‘‘code,’’. ‘‘(2) INTERNET SITE.—The term ‘Internet knowing consumers. I urge my col- (d) REVIEW AND AMENDMENT OF FEDERAL site’ means a location on the Internet that is leagues to support this legislation so SENTENCING GUIDELINES FOR OFFENSES RE- accessible at a specific Internet domain we can effectively combat this crime. LATED TO ORGANIZED RETAIL CRIME.— name or address under the Internet Protocol

VerDate Nov 24 2008 01:37 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.051 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2477 (or any successor protocol), or that is identi- temporarily occupied by 1 or more persons or shall submit the form and documentary evi- fied by a uniform resource locator. entities for the purpose of making sales of dence to the Attorney General; and ‘‘(3) ONLINE RETAIL MARKETPLACE.—The goods, or services related to those goods, to ‘‘(iv) ensuring that a suspected illegal sales term ‘online retail marketplace’ means an the public. A place of business is not tem- activity form and accompanying documen- Internet site where users other than the op- porary with respect to a person or entity if tary evidence are able to be submitted by an erator of the Internet site can enter into that person or entity conducts business at authorized person to the operator of a phys- transactions with each other for the sale or the place and stores unsold goods there when ical retail marketplace or online retail mar- distribution of goods or services, and in it is not open for business. ketplace and to the Attorney General by which— ‘‘(9) TRANSIENT VENDOR.—The term ‘tran- mail and by electronic means. ‘‘(A) the goods or services are promoted sient vendor’ means any person or entity ‘‘(B) AUTHORIZED PERSONS.— through inclusion in search results displayed that, in the usual course of business, trans- ‘‘(i) IN GENERAL.—For purposes of this sec- within the Internet site; ports inventory, stocks of goods, or similar tion, an authorized person is a person who— ‘‘(B) the operator of the Internet site— tangible personal property to a temporary ‘‘(I) offers goods or services for sale to the ‘‘(i) has the contractual right to supervise place of business for the purpose of entering public as part of a business operation; the activities of users with respect to the into transactions for the sale of the prop- ‘‘(II) has submitted to the Attorney Gen- goods or services; or erty. eral in writing, on a form that shall be pro- ‘‘(ii) has a financial interest in the sale of ‘‘(10) USER.—The term ‘user’ means a per- mulgated by the Attorney General and made the goods or services; and son or entity that accesses an online retail available on the Internet, a request to serve ‘‘(C) in any continuous 12-month period marketplace for the purpose of entering into as an authorized person; and during the previous 24 months, users other transactions for the sale or distribution of ‘‘(III) has been approved by the Attorney than the operator of the Internet site collec- goods or services. General to serve as an authorized person. tively have entered into not fewer than 1,000 ‘‘(11) VALID PHYSICAL POSTAL ADDRESS.— ‘‘(ii) APPROVAL.—The Attorney General discrete transactions for the sale of goods or The term ‘valid physical postal address’ shall approve a request by a person to serve services. means— as an authorized person if the person offers ‘‘(4) OPERATOR OF AN ONLINE RETAIL MAR- ‘‘(A) a current street address, including the goods or services for sale to the public as KETPLACE.—The term ‘operator of an online city, State, and zip code; part of a business operation. An approval retail marketplace’ means a person or entity ‘‘(B) a Post Office box that has been reg- that— under this clause shall remain in effect un- istered with the United States Postal Serv- less the authorized person requests that the ‘‘(A) operates or controls an online retail ice; or marketplace; and Attorney General terminate the approval. ‘‘(C) a private mailbox that has been reg- ‘‘(iii) FEES.—The Attorney General may ‘‘(B) makes the online retail marketplace istered with a commercial mail receiving available for users to enter into transactions charge a processing fee to a person solely to agency that is established pursuant to cover the cost of processing the approval of with each other on that marketplace for the United States Postal Service regulations. sale or distribution of goods or services. the person as an authorized person. ‘‘(5) OPERATOR OF A PHYSICAL RETAIL MAR- ‘‘(b) SAFEGUARDS AGAINST SALES OF ILLE- ‘‘(iv) AGENTS.—An individual who serves as KETPLACE.—The term ‘operator of a physical GALLY OBTAINED ITEMS.— an officer, employee, or agent for a person retail marketplace’ means a person or entity ‘‘(1) SUSPECTED ILLEGAL SALES ACTIVITY who offers goods or services for sale to the that rents or otherwise makes available a FORMS.— public as part of a business operation may physical retail marketplace to transient ven- ‘‘(A) REGULATIONS.—The Attorney General serve as an authorized person on behalf of dors to conduct business for the sale of shall promulgate regulations— that person. goods, or services related to the goods. ‘‘(i) establishing a form, called a ‘suspected ‘‘(v) LIST.—The Attorney General shall ‘‘(6) PHYSICAL RETAIL MARKETPLACE.—The illegal sales activity form’, through which an maintain a list of authorized persons, which term ‘physical retail marketplace’— authorized person may present evidence shall be made available to the public upon ‘‘(A) may include a flea market, indoor or showing that a transient vendor of a phys- request. outdoor swap meet, open air market, or ical retail marketplace, a user of an online ‘‘(C) AVAILABILITY OF FORMS.—The Attor- other similar environment; retail marketplace, or a director, officer, em- ney General shall make suspected illegal ‘‘(B) means a venue or event— ployee, or agent of the transient vendor or sales activity forms available on the Inter- ‘‘(i) in which physical space is made avail- user, has used or is using a physical retail net to authorized persons. able not more than 4 days per week by an op- marketplace or an online retail marketplace ‘‘(2) DUTIES OF OPERATORS OF PHYSICAL RE- erator of a physical retail marketplace as a to sell or distribute items that were stolen, TAIL MARKETPLACES AND ONLINE RETAIL MAR- temporary place of business for transient embezzled, or obtained by fraud, false pre- KETPLACES TO CONDUCT ACCOUNT REVIEWS AND vendors to conduct business for the sale of tenses, or other illegal means from the au- FILE SUSPICIOUS ACTIVITY REPORTS; goods, or services related to the goods; and thorized person, or has engaged in or is en- CONSUMABLE GOODS.—If an operator of a ‘‘(ii) in which in any continuous 12-month gaging in structuring; physical or online retail marketplace is pre- period during the preceding 24 months, there ‘‘(ii) requiring that an authorized person sented with a suspected illegal sales activity have been 10 or more days on which 5 or who submits a suspected illegal sales activ- form and accompanying documentary evi- more transient vendors have conducted busi- ity form shall, in a manner to be specified by dence from an authorized person showing ness at the venue or event; and the Attorney General— that a transient vendor of the physical retail ‘‘(C) does not mean and shall not apply to ‘‘(I) refer in the form to 1 or more specific marketplace, a user of the online retail mar- an event which is organized and conducted items, individuals, entities or transactions ketplace, or a director, officer, employee, or for the exclusive benefit of any community allegedly involved in theft, embezzlement, agent of the transient vendor or user, has chest, fund, foundation, association, or cor- fraud, false pretenses, structuring, or other used or is using the retail marketplace to poration organized and operated for reli- illegal activity; sell or distribute items that were stolen, em- gious, educational, or charitable purposes, ‘‘(II) refer in the form to 1 or more alleged bezzled, or obtained by fraud, false pretenses provided that no part of any admission fee or violations of Federal law; or other illegal means, or has engaged in or parking fee charged vendors or prospective ‘‘(III) provide along with the form docu- is engaging in structuring, the operator purchasers, and no part of the gross receipts mentary evidence supporting the allegations shall— or net earnings from the sale or exchange of of illegal activity, which may include— ‘‘(A)(i) not later than 30 days after receiv- goods or services, whether in the form of a ‘‘(aa) video recordings; ing the form— percentage of the receipts or earnings, sal- ‘‘(bb) audio recordings; ‘‘(I) conduct a review of the account of the ary, or otherwise, inures to the benefit of ‘‘(cc) sworn affidavits; transient vendor or user for evidence of ille- any private shareholder or person partici- ‘‘(dd) financial, accounting, business, or gal activity; and pating in the organization or conduct of the sales records; ‘‘(II) file a suspicious activity report with event. ‘‘(ee) records or transcripts of phone con- the Attorney General of the United States; ‘‘(7) STRUCTURING.—The term ‘structuring’ versations; and means to knowingly conduct, or attempt to ‘‘(ff) documents that have been filed in a ‘‘(ii) not later than 24 hours after filing the conduct, alone, or in conjunction with or on Federal or State court proceeding; and report described in clause (i)(II), notify the behalf of 1 or more other persons, 1 or more ‘‘(gg) signed reports to or from a law en- authorized person who submitted the sus- transactions in currency, in any amount, in forcement agency; and pected illegal sales activity form that the any manner, with the purpose of evading cat- ‘‘(IV) sign the form; operator filed the report; and egorization as a physical retail marketplace, ‘‘(iii) providing that an authorized person ‘‘(B) with regard to any items referred to an online retail marketplace, or a high vol- who completes a suspected illegal sales ac- in the suspected illegal sales activity form ume seller. tivity form may submit the form and accom- that are consumable or that are medical di- ‘‘(8) TEMPORARY PLACE OF BUSINESS.—The panying documentary evidence to the oper- agnostic tests, immediately suspend the term ‘temporary place of business’ means ator of a physical retail marketplace or the ability of any transient vendor or user who is any physical space made open to the public, operator of an online retail marketplace, and referred to in the form as selling or distrib- including but not limited to a building, part that if the authorized person submits the uting the items to conduct transactions in- of a building, tent or vacant lot, which is form to the operator, the authorized person volving the items, and notify the Attorney

VerDate Nov 24 2008 01:37 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.052 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2478 CONGRESSIONAL RECORD — SENATE February 25, 2009 General of such action in the suspicious ac- ant to this subsection, and the original sup- nate the ability of the user to conduct trans- tivity report. porting documentation concerning any re- actions on marketplace. ‘‘(3) DUTIES OF OPERATORS OF PHYSICAL RE- port that it files, for 3 years from the date of ‘‘(G) The signature of the operator. TAIL MARKETPLACES AND ONLINE RETAIL MAR- the filing. ‘‘(H) Such other information as the Attor- KETPLACES TO TERMINATE SALES ACTIVITY.— ‘‘(B) ONLINE RETAIL MARKETPLACE.—Each ney General may by regulation prescribe. ‘‘(A) IN GENERAL.—If an operator of a phys- operator of an online retail marketplace ‘‘(c) VOLUNTARY REPORTS.—Nothing in this ical retail marketplace or an online retail shall maintain, for 3 years after the date a section prevents an operator of a physical re- marketplace is presented with a suspected il- user becomes a high volume seller, the name, tail marketplace or online retail market- legal sales activity form and accompanying telephone number, e-mail address, valid documentary evidence from an authorized physical postal address, and any other iden- place from voluntarily reporting to a Fed- person, the operator shall determine, based tification information that the operator re- eral, State, or local government agency any on the form, the documentary evidence, and ceives about the high volume seller. suspicious activity that the operator be- the account review conducted by the oper- ‘‘(5) CONFIDENTIALITY OF REPORTS.—No op- lieves is relevant to the possible violation of ator, whether there is clear and convincing erator of a physical retail marketplace or any law or regulation, provided that the op- evidence that the transient vendor of the online retail marketplace, and no director, erator also complies with the requirements physical retail marketplace, a user of the on- officer, employee or agent of the operator, of this section. line retail marketplace, or a director, offi- may notify any individual or entity that is ‘‘(d) STRUCTURING.—No individual or entity cer, employee, or agent of the transient ven- the subject of a suspicious activity report or dor or user, has used or is using the retail of an account review under paragraph (2) of shall engage in structuring as defined in this marketplace to sell or distribute items that the fact that the operator filed the report or section. were stolen, embezzled, or obtained by fraud, performed the account review, or of any in- false pretenses, or other illegal means, or has ‘‘(e) ENFORCEMENT BY ATTORNEY GEN- formation contained in the report or account engaged in or is engaging in structuring. The ERAL.— review. operator shall describe the determination of ‘‘(1) IN GENERAL.—Any individual or entity ‘‘(6) HIGH VOLUME SELLERS.— the operator under this subparagraph in the who knowingly commits a violation of, or ‘‘(A) VALID POSTAL ADDRESS.—An operator suspicious activity report. knowingly fails to comply with, the require- of an online retail marketplace shall require ‘‘(B) ACTIONS.—If the operator of a physical ments specified in paragraph (2), (3), (4), (5), retail marketplace or an online retail mar- each high volume seller to provide the oper- or (6) of subsection (b) or subsection (d) shall ketplace determines that there is clear and ator with a valid physical postal address. be liable to the United States Government convincing evidence of an activity described ‘‘(B) FAILURE TO PROVIDE.— for a civil penalty of not more than $10,000 in subparagraph (A), the operator shall, not ‘‘(i) IN GENERAL.—If a high volume seller per violation. later than 5 days after submitting the sus- has failed to provide a valid physical postal ‘‘(2) FALSE STATEMENTS.— picious activity report to the Attorney Gen- address as required in this paragraph, the op- ‘‘(A) SUSPECTED ILLEGAL SALES ACTIVITY eral pursuant to paragraph (2), either— erator of the online retail marketplace shall, FORMS.—Any person who knowingly and will- ‘‘(i) terminate the ability of the transient not later than 5 days after the failure to pro- fully makes any material false or fictitious vendor to conduct business at the physical vide the address, notify the user of its duty statement or representation on a suspected retail marketplace or terminate the ability to provide a valid physical postal address. illegal sales activity form or accompanying of the user to conduct transactions on the ‘‘(ii) CONTINUED FAILURE.—If a high volume documentary evidence may, upon conviction online retail marketplace, and notify the At- seller has failed to provide a valid physical thereof, be subject to liability under section torney General of such action; or postal address 15 days after the date on 1001. which the operator of an online retail mar- ‘‘(ii)(I) request that the transient vendor or ‘‘(B) SUSPICIOUS ACTIVITY REPORT.—Any user present documentary evidence that the ketplace provides notice under clause (i), the person who knowingly and willfully makes operator shall— operator reasonably determines to be clear any material false or fictitious statement or ‘‘(I) terminate the ability of the user to and convincing showing that the transient representation in any suspicious activity re- conduct transactions on marketplace; and vendor or user has not used the retail mar- port required under subsection (b) may, upon ‘‘(II) not later than 15 days after that date, ketplace to sell or distribute items that were conviction thereof, be subject to liability file a suspicious activity report with the At- stolen, embezzled, or obtained by fraud, false under section 1001. pretenses, or other illegal means, or has not torney General of the United States. engaged in or is not engaging in structuring; ‘‘(C) POSTAL ADDRESS.—If an authorized ‘‘(f) ENFORCEMENT BY STATES.— and person submits to the operator of a physical ‘‘(1) CIVIL ACTION.—In any case in which ‘‘(II)(aa) if the transient vendor or user retail marketplace or online retail market- the attorney general of a State has reason to fails to present the information within 30 place a suspected illegal sales activity form believe that an interest of the residents of days of the request, terminate the ability of that alleges illegal activity on the part of a that State has been or is threatened or ad- the transient vendor to conduct business at specific transient vendor or user that is a versely affected by any person or entity who the physical retail marketplace or terminate high volume seller, the operator shall, not has committed or is committing a violation the ability of the user to conduct trans- later than 15 days after receiving the form, of this section, the attorney general, official, actions on the online retail marketplace, and provide the valid physical postal address of or agency of the State, as parens patriae, notify the Attorney General of such action; the high volume seller to the authorized per- may bring a civil action on behalf of the resi- or son. dents of the State in a district court of the ‘‘(bb) if the transient vendor or user pre- ‘‘(7) CONTENTS OF SUSPICIOUS ACTIVITY RE- United States of appropriate jurisdiction— sents the information within 30 days, then PORTS.—The Attorney General shall promul- ‘‘(A) to enjoin further violation of this sec- the operator shall report the information to gate regulations establishing a suspicious ac- tion by the defendant; the Attorney General and notify the tran- tivity report form. Such regulations shall re- ‘‘(B) to obtain damages on behalf of the sient vendor or user that the operator will quire that a suspicious activity report sub- residents of the State in an amount equal to not terminate the activities of the transient mitted by an operator to the Attorney Gen- the actual monetary loss suffered by such vendor or user. eral pursuant to paragraph (2) or (6) shall residents; or ‘‘(C) ATTORNEY GENERAL AUTHORIZATION.— contain, in a form to be determined by the ‘‘(C) to impose civil penalties in the The Attorney General or a designee may, Attorney General, the following information: amounts specified in subsection (e). with respect to the timing of the operator’s ‘‘(A) The name, address, telephone number, ‘‘(2) WRITTEN NOTICE.— actions pursuant to this paragraph, direct and e-mail address of the individual or entity ‘‘(A) IN GENERAL.—The State shall serve the operator in writing and for good cause to that is the subject of the report, to the ex- prior written notice of any civil action under delay such action. tent known. paragraph (1) upon the Attorney General of ‘‘(4) RETENTION OF RECORDS.— ‘‘(B) Any other information that is in the the United States, including a copy of its ‘‘(A) RETAIL MARKETPLACES.—Each oper- possession of the operator filing the report complaint, except that if it is not feasible for ator of a physical retail marketplace and regarding the identification of the individual the State to provide such prior notice, the each operator of an online retail market- or entity that is the subject of the report. State shall serve such notice immediately place shall maintain— ‘‘(C) A copy of the suspected illegal sales upon instituting such action. ‘‘(i) a record of all suspected illegal sales activity form and documentary evidence ‘‘(B) ATTORNEY GENERAL ACTION.—Upon re- activity forms and accompanying documen- that led to the filing of a report pursuant to ceiving a notice respecting a civil action tary evidence presented to it pursuant to paragraph (2). under subparagraph (A), the Attorney Gen- this subsection for 3 years from the date the ‘‘(D) A detailed description of the results of eral of the United States shall have the operator received the form and evidence; an account review conducted pursuant to right— ‘‘(ii) a record of the results of all account paragraph (2). ‘‘(i) to intervene in such action; reviews conducted pursuant to this sub- ‘‘(E) A statement of the determination the ‘‘(ii) upon so intervening, to be heard on all section, and any supporting documentation, operator made pursuant to paragraph (3)(A). matters arising therein; and for 3 years from the date of the review; and ‘‘(F) If the suspicious activity report is ‘‘(iii) to file petitions for appeal. ‘‘(iii) a copy of any suspicious activity re- filed pursuant to paragraph (6), a summary ‘‘(3) STATE POWERS PRESERVED.—For pur- port filed with the Attorney General pursu- of the events that led the operator to termi- poses of bringing any civil action under this

VerDate Nov 24 2008 01:37 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.052 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2479 subsection, nothing in this chapter shall pre- dent athletes and their parents to en- girls an equal opportunity to partici- vent an attorney general of a State from ex- sure fairness in their school’s athletic pate in student athletic programs. This ercising the powers conferred on the attor- programs. bill will continue that tradition by al- ney general by the laws of the State to con- Since my first day in Washington in lowing us to assess current opportuni- duct investigations or to administer oaths or 1979, I have been a stalwart supporter affirmations or to compel the attendance of ties for sports participation for young witnesses or the production of documentary of Title IX. And there should be no women, and correct any deficiencies. and other evidence. mistake what this 37-year-old land- With this new information, we can en- ‘‘(4) PENDING FEDERAL ACTION.—Whenever a mark civil rights law is all about— sure that young women all over the civil action has been instituted by the Attor- equal opportunity for both girls and country have the chance not only to ney General of the United States for viola- boys to excel in athletics. Obviously, improve their athletic ability, but also tion of any rule prescribed under subsection athletic participation supports phys- to develop the qualities of teamwork, (e), no State may, during the pendency of ical health, but sports also impart ben- discipline, and self-confidence that lead such action instituted by the Attorney Gen- efits beyond the playing field. For girls eral of the United States, institute a civil ac- to success off the playing field. tion under this subsection against any de- who engage in sports, half are less like- fendant named in the complaint in such ac- ly to suffer depression and breast can- By Mr. DURBIN (for himself, Mr. tion for any violation alleged in the com- cer, 80 percent are less likely to have a WICKER, Mr. AKAKA, Mr. BAU- plaint. drug problem, and 92 percent are less CUS, Mr. BINGAMAN, Mr. BOND, ‘‘(5) JURISDICTION.— likely to have an unwanted pregnancy. Mr. CARDIN, Mr. COCHRAN, Mr. ‘‘(A) IN GENERAL.—Any civil action brought Athletic competition helps cultivate KENNEDY, Mr. LIEBERMAN, Mrs. under this subsection in a district court of the kind of positive, competitive spirit LINCOLN, Mrs. MURRAY, Mr. the United States may be brought in the dis- that develops dedication, self-con- trict in which the defendant is found, is an REED, Mr. ROBERTS, Mr. SAND- inhabitant, or transacts business or wher- fidence, a sense of team spirit, and ulti- ERS, Mr. SCHUMER, Mr. ever venue is proper under section 1391 of mate success later in life. So it’s not WHITEHOUSE, Mr. LEVIN, Mr. title 28. surprising that, according to several REID, and Ms. STABENOW): ‘‘(B) PROCESS.—Process in an action under studies, more than eight out of ten suc- S. 473. A bill to establish the Senator this subsection may be served in any district cessful businesswomen played orga- Paul Simon Study Abroad Foundation; in which the defendant is an inhabitant or in nized sports while growing up! to the Committee on Health, Edu- which the defendant may be found. Without question, Title IX has been cation, Labor, and Pensions. ‘‘(g) NO PRIVATE RIGHT OF ACTION.—Noth- the driving factor in allowing thou- Mr. DURBIN. Mr. President, I rise ing in this section shall be interpreted to au- sands of women and girls the oppor- thorize a private right of action for a viola- today to reintroduce the Senator Paul tion of any provision of this section, or a pri- tunity to benefit from intercollegiate Simon Study Abroad Foundation Act. and high school sports. Indeed, prior to vate right of action under any other provi- This year marks the 200th anniver- Title IX, only 1 in 27 high school girls— sion of Federal or State law to enforce a vio- sary of Abraham Lincoln’s birth. We lation of this section.’’. fewer than 300,000—played sports. will spend this bicentennial year re- (b) CHAPTER ANALYSIS.—The chapter anal- Today, the number is more than 2.9 flecting on Lincoln’s legacy, a legacy ysis for chapter 113 of title 18, United States million, that’s an increase of over 900 that extends far beyond the Civil War. Code, is amended by inserting after the item percent! Moreover, our country is cele- President Lincoln strove to democ- relating to section 2323 the following: brating the achievements of our women ratize higher education. He enacted the ‘‘Sec. 2324. Physical and online retail mar- athletes now more than ever. Just a ketplaces.’’. Morrill Act, establishing public land few weeks ago, tennis player Serena SEC. 5. NO PREEMPTION OF STATE LAW. grant universities and opening the Williams became the all-time prize- No provision of this Act, including any doors to a college education to more money leader in women’s sports by amendment made by this Act, shall be con- Americans. strued as indicating an intent on the part of reaching both the doubles and singles finals in the Australian Open—not to As we recognize Lincoln’s legacy this Congress to occupy the field in which that year, we can again transform higher provision or amendment operates, including mention that she won both titles! I am criminal penalties, to the exclusion of any particularly pleased that Ms. Williams education. Today with Senator WICKER State law on the same subject matter that expressed appreciation for Title IX, I am introducing the Senator Paul would otherwise be within the authority of proving how impactful this policy has Simon Study Abroad Foundation Act, the State, unless there is a positive conflict been in giving her, and many other which has the potential to equip a new between that provision or amendment and women, the opportunity to play sports. generation of Americans with the that State law so that the 2 cannot consist- skills to live in a globalized world. ently stand together. So while we celebrate this remark- able progress, we cannot allow our- The bill is named after the late Sen- SEC. 6. EFFECTIVE DATE. selves a ‘‘time-out’’ or rest on past suc- ator Paul Simon, a man whose passion The amendments made by this Act take ef- for the public good remains an inspira- fect 120 days after the date of enactment of cess. That is why I am pleased to work this Act. with Senator PATTY MURRAY—who has tion to all who knew him. Shortly be- been a tireless advocate for women’s fore his death in late 2003, Senator By Ms. SNOWE (for herself, Mrs. sports—to reintroduce the High School Simon came back to Washington to MURRAY, Mr. KENNEDY, Ms. MI- Sports Data Collection Act of 2007. Our talk to his former colleagues about the KULSKI, Mr. DURBIN, and Mr. bill directs the Commissioner of the need to strengthen American security. BINGAMAN): National Center for Education Statis- He wondered how the United States S. 471. A bill to amend the Education tics to collect information regarding could lead the world to stability, peace, Sciences Reform Act of 2002 to require participation in athletics broken down and harmony when so many Americans the Statistics Commissioner to collect by gender; teams; race and ethnicity; are ignorant of the world. He envi- information from coeducational sec- and overall expenditures, including sioned a United States populated by a ondary schools on such schools’ ath- items like travel expenses, equipment generation of Americans with greater letic programs, and for other purposes; and uniforms. These data are already international understanding—an un- to the Committee on Health, Edu- reported, in most cases, to the state derstanding arrived at not by just cation, Labor, and Pensions. Departments of Education and should studying the world, but by living in it. Ms. SNOWE. Mr. President, I rise to not pose any additional burden on the He believed this study abroad initiative introduce the High School Sports In- high schools. Further, to ensure public would be as transformative as Lin- formation Collection Act. I am pleased access to this vital information, our coln’s work to expand access to college. to be joined again this year by my col- legislation would require high schools Paul’s tireless efforts led to Con- league from Washington, Senator MUR- to post the data on the Department of gress’ establishment of the Abraham RAY. Since the 108th Congress, we have Education’s website and make this in- Lincoln Study Abroad Commission. I introduced this bill to require that formation available to students and was honored to serve on this bipartisan high schools, like their collegiate the public upon request. Lincoln Commission, and it was a counterparts, disclose data on equity For nearly 40 years, Title IX has privilege for me to introduce legisla- in sports, making it possible for stu- opened doors by giving women and tion in the past two Congresses to

VerDate Nov 24 2008 01:37 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.052 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2480 CONGRESSIONAL RECORD — SENATE February 25, 2009 bring Paul Simon’s dream closer to re- contact with, and understanding of, people (14) An enhanced national study abroad ality. The bill is based on the Commis- and cultures beyond our borders.’’. program could help further the goals of other sion’s recommendations for a study (3) Congress authorized the establishment United States Government initiatives to pro- abroad program for undergraduate stu- of the Commission on the Abraham Lincoln mote educational, social, and political re- Study Abroad Fellowship Program pursuant form and the status of women in developing dents that will help build global aware- to section 104 of the Miscellaneous Appro- and reforming societies around the world, ness and international understanding. priations and Offsets Act, 2004 (division H of such as the Middle East Partnership Initia- In the last Congress, this bill was sup- Public Law 108–199). Pursuant to its man- tive. ported by 50 bipartisan cosponsors. date, the Lincoln Commission has submitted (15) To complement such worthwhile Fed- The Senator Paul Simon Study to Congress and the President a report of its eral programs and initiatives as the Ben- Abroad Foundation Act has big goals. recommendations for greatly expanding the jamin A. Gilman International Scholarship It declares our intention to send one opportunity for students at institutions of Program, the National Security Education million students abroad per year with- higher education in the United States to Program, and the National Security Lan- guage Initiative, a broad-based under- in the next decade. More of those stu- study abroad, with special emphasis on studying in developing nations. graduate study abroad program is needed dents will study in the developing (4) According to the Lincoln Commission, that will make many more study abroad op- world and the students we send will be ‘‘[s]tudy abroad is one of the major means of portunities accessible to all undergraduate more diverse in terms of race, socio- producing foreign language speakers and en- students, regardless of their field of study, economic background, and field of hancing foreign language learning’’ and, for ethnicity, socio-economic status, or gender. study. To accomplish these goals, a that reason, ‘‘is simply essential to the (16) To restore America’s standing in the small public-private entity, the Sen- [N]ation’s security’’. world, President Barack Obama has said that ator Paul Simon Foundation, will (5) Studies consistently show that United he will call on our nation’s greatest re- States students score below their counter- source, our people, to reach out to and en- award grants to students and institu- gage with other nations. tions of higher education. The goal of parts in other advanced countries on indica- tors of international knowledge. This lack of SEC. 3. PURPOSES. the program is to make study abroad global literacy is a national liability in an The purposes of this Act are— in high-quality programs in diverse lo- age of global trade and business, global (1) to significantly enhance the global cations around the world more com- interdependence, and global terror. competitiveness and international knowl- mon for all college students. Grants to (6) Americans believe that it is important edge base of the United States by ensuring colleges and universities will be used for their children to learn other languages, that more United States students have the to encourage tearing down institu- study abroad, attend a college where they opportunity to acquire foreign language tional barriers to study abroad. By can interact with international students, skills and international knowledge through significantly expanded study abroad; leveraging change at the institution learn about other countries and cultures, and generally be prepared for the global age. (2) to enhance the foreign policy capacity level, the Foundation will create op- (7) In today’s world, it is more important of the United States by significantly expand- portunities for countless students—far than ever for the United States to be a re- ing and diversifying the talent pool of indi- more than possible through direct stu- sponsible, constructive leader that other viduals with non-traditional foreign lan- dent grants alone. countries are willing to follow. Such leader- guage skills and cultural knowledge in the Expanding study abroad should be a ship cannot be sustained without an in- United States who are available for recruit- national priority. The future of the formed citizenry with significant knowledge ment by United States foreign affairs agen- country depends on globally literate and awareness of the world. cies, legislative branch agencies, and non- governmental organizations involved in for- citizens who are at ease in the world. (8) Study abroad has proven to be a very ef- fective means of imparting international and eign affairs activities; In his troubled time, Lincoln said, foreign-language competency to students. (3) to ensure that an increasing portion of ‘‘The occasion is piled high with dif- (9) In any given year, only approximately study abroad by United States students will ficulty, and we must rise with the oc- one percent of all students enrolled in United take place in nontraditional study abroad casion. As our case is new, so we must States institutions of higher education study destinations such as the People’s Republic of think anew, and act anew.’’ Today, our abroad. China, countries of the Middle East region, Nation also faces an occasion piled (10) Less than 10 percent of the students and developing countries; and high with difficulty. By passing the who graduate from United States institu- (4) to create greater cultural under- standing of the United States by exposing Senator Paul Simon Study Abroad tions of higher education with bachelors de- grees have studied abroad. foreign students and their families to United Foundation Act, we will send the next (11) Far more study abroad must take States students in countries that have not generation of Americans out into the place in developing countries. Ninety-five traditionally hosted large numbers of United world with open minds and they will percent of the world’s population growth States students. come back able to think anew and act over the next 50 years will occur outside of SEC. 4. DEFINITIONS. anew. I ask my colleagues to join Sen- Europe. Yet in the academic year 2004–2005, In this Act: ator WICKER and me in support of this 60 percent of United States students study- (1) APPROPRIATE CONGRESSIONAL COMMIT- important legislation. ing abroad studied in Europe, and 45 percent TEES.—The term ‘‘appropriate congressional Mr. President, I ask unanimous con- studied in four countries—the United King- committees’’ means— dom, Italy, Spain, and France—according to (A) the Committee on Foreign Affairs and sent that the text of the bill be printed the Institute of International Education. the Committee on Appropriations of the in the RECORD. (12) The Final Report of the National Com- House of Representatives; and There being no objection, the text of mission on Terrorist Attacks Upon the (B) the Committee on Foreign Relations the bill was ordered to be printed in United States (The 9/11 Commission Report) and the Committee on Appropriations of the the RECORD, as follows: recommended that the United States in- Senate. S. 473 crease support for ‘‘scholarship, exchange, (2) BOARD.—The term ‘‘Board’’ means the and library programs’’. The 9/11 Public Dis- Board of Directors of the Foundation estab- Be it enacted by the Senate and House of course Project, successor to the 9/11 Commis- lished pursuant to section 5(d). Representatives of the United States of America sion, noted in its November 14, 2005, status (3) CHIEF EXECUTIVE OFFICER.—The term in Congress assembled, report that this recommendation was ‘‘Chief Executive Officer’’ means the chief SECTION 1. SHORT TITLE. ‘‘unfulfilled,’’ and stated that ‘‘[t]he U.S. executive officer of the Foundation ap- This Act may be cited as the ‘‘Senator should increase support for scholarship and pointed pursuant to section 5(c). Paul Simon Study Abroad Foundation Act of exchange programs, our most powerful tool (4) FOUNDATION.—The term ‘‘Foundation’’ 2009’’. to shape attitudes over the course of a gen- means the Senator Paul Simon Study SEC. 2. FINDINGS. eration.’’. In its December 5, 2005, Final Re- Abroad Foundation established by section Congress makes the following findings: port on the 9/11 Commission Recommenda- 5(a). (1) According to former President George tions, the 9/11 Public Discourse Project gave (5) INSTITUTION OF HIGHER EDUCATION.—The W. Bush, ‘‘America’s leadership and national the government a grade of ‘‘D’’ for its imple- term ‘‘institution of higher education’’ has security rest on our commitment to educate mentation of this recommendation. the meaning given the term in section 101(a) and prepare our youth for active engagement (13) Investing in a national study abroad of the Higher Education Act of 1965 (20 U.S.C. in the international community.’’. program would help turn a grade of ‘‘D’’ into 1001(a)). (2) According to former President William an ‘‘A’’ by equipping United States students (6) NATIONAL OF THE UNITED STATES.—The J. Clinton, ‘‘Today, the defense of United to communicate United States values and term ‘‘national of the United States’’ means States interests, the effective management way of life through the unique dialogue that a national of the United States or an alien of global issues, and even an understanding takes place among citizens from around the lawfully admitted for permanent residence of our Nation’s diversity require ever-greater world when individuals study abroad. (as those terms are defined in section 101 of

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the Immigration and Nationality Act (8 (A) IN GENERAL.—The Chief Executive Offi- 135-day period beginning on the date of the U.S.C. 1101)). cer shall be compensated at the rate pro- enactment of this Act, shall include at least (7) NONTRADITIONAL STUDY ABROAD DESTINA- vided for level IV of the Executive Schedule one member of the Board described in para- TION.—The term ‘‘nontraditional study under section 5315 of title 5, United States graph (3)(B). abroad destination’’ means a location that is Code. (8) MEETINGS.—The Board shall meet at the determined by the Foundation to be a less (B) AMENDMENT.—Section 5315 of title 5, call of the Chairperson. common destination for United States stu- United States Code, is amended by adding at (9) COMPENSATION.— dents who study abroad. the end the following: (A) OFFICERS OF THE FEDERAL GOVERN- (8) STUDY ABROAD.—The term ‘‘study ‘‘Chief Executive Officer, Senator Paul MENT.— abroad’’ means an educational program of Simon Study Abroad Foundation.’’. (i) IN GENERAL.—A member of the Board de- study, work, research, internship, or com- (5) AUTHORITIES AND DUTIES.—The Chief Ex- scribed in paragraph (3)(A) may not receive bination thereof that is conducted outside ecutive Officer shall be responsible for the additional pay, allowances, or benefits by the United States and that carries academic management of the Foundation and shall ex- reason of the member’s service on the Board. credit toward fulfilling the participating stu- ercise the powers and discharge the duties of (ii) TRAVEL EXPENSES.—Each such member dent’s degree requirements. the Foundation. of the Board shall receive travel expenses, (9) UNITED STATES.—The term ‘‘United (6) AUTHORITY TO APPOINT OFFICERS.—In including per diem in lieu of subsistence, in States’’ means any of the several States, the consultation and with approval of the Board, accordance with applicable provisions under District of Columbia, Puerto Rico, the the Chief Executive Officer shall appoint all subchapter I of chapter 57 of title 5, United Northern Mariana Islands, the Virgin Is- officers of the Foundation. States Code. lands, Guam, American Samoa, and any (d) BOARD OF DIRECTORS.— (B) OTHER MEMBERS.— other territory or possession of the United (1) ESTABLISHMENT.—There shall be in the (i) IN GENERAL.—Except as provided in States. Foundation a Board of Directors. clause (ii), a member of the Board described (10) UNITED STATES STUDENT.—The term (2) DUTIES.—The Board shall perform the in paragraph (3)(B) while away from the ‘‘United States student’’ means a national of functions specified to be carried out by the member’s home or regular place of business the United States who is enrolled at an insti- Board in this Act and may prescribe, amend, on necessary travel in the actual perform- tution of higher education located within the and repeal bylaws, rules, regulations, and ance of duties as a member of the Board, United States. procedures governing the manner in which shall be paid per diem, travel, and transpor- SEC. 5. ESTABLISHMENT AND MANAGEMENT OF the business of the Foundation may be con- tation expenses in the same manner as is ducted and in which the powers granted to it THE SENATOR PAUL SIMON STUDY provided under subchapter I of chapter 57 of ABROAD FOUNDATION. by law may be exercised. title 5, United States Code. (a) ESTABLISHMENT.— (3) MEMBERSHIP.—The Board shall consist (ii) LIMITATION.—A member of the Board (1) IN GENERAL.—There is established in the of— may not be paid compensation under clause executive branch a corporation to be known (A) the Secretary of State (or the Sec- (i) for more than 90 days in any calendar as the ‘‘Senator Paul Simon Study Abroad retary’s designee), the Secretary of Edu- year. Foundation’’ that shall be responsible for cation (or the Secretary’s designee), the Sec- carrying out this Act. The Foundation shall retary of Defense (or the Secretary’s des- SEC. 6. ESTABLISHMENT AND OPERATION OF PROGRAM. be a government corporation, as defined in ignee), and the Administrator of the United section 103 of title 5, United States Code. States Agency for International Develop- (a) ESTABLISHMENT OF THE PROGRAM.— There is hereby established a program, which (2) BOARD OF DIRECTORS.—The Foundation ment (or the Administrator’s designee); and shall be governed by a Board of Directors in (B) five other individuals with relevant ex- shall— accordance with subsection (d). perience in matters relating to study abroad (1) be administered by the Foundation; and (2) award grants to— (3) INTENT OF CONGRESS.—It is the intent of (such as individuals who represent institu- Congress in establishing the structure of the tions of higher education, business organiza- (A) United States students for study Foundation set forth in this subsection to tions, foreign policy organizations, or other abroad; create an entity that will administer a study relevant organizations) who shall be ap- (B) nongovernmental institutions that pro- abroad program that— pointed by the President, by and with the ad- vide and promote study abroad opportunities (A) serves the long-term foreign policy and vice and consent of the Senate, of which— for United States students, in consortium national security needs of the United States; (i) one individual shall be appointed from with institutions described in subparagraph but among a list of individuals submitted by the (C); and (B) operates independently of short-term majority leader of the House of Representa- (C) institutions of higher education, indi- political and foreign policy considerations. tives; vidually or in consortium, (b) MANDATE OF FOUNDATION.—In admin- (ii) one individual shall be appointed from in order to accomplish the objectives set istering the program referred to in sub- among a list of individuals submitted by the forth in subsection (b). section (a)(3), the Foundation shall— minority leader of the House of Representa- (b) OBJECTIVES.—The objectives of the pro- (1) promote the objectives and purposes of tives; gram established under subsection (a) are this Act; (iii) one individual shall be appointed from that, within 10 years of the date of the enact- (2) through responsive, flexible grant-mak- among a list of individuals submitted by the ment of this Act— ing, promote access to study abroad opportu- majority leader of the Senate; and (1) not less than 1,000,000 undergraduate nities by United States students at diverse (iv) one individual shall be appointed from United States students will study abroad an- institutions of higher education, including among a list of individuals submitted by the nually for credit; two-year institutions, minority-serving in- minority leader of the Senate. (2) the demographics of study-abroad par- stitutions, and institutions that serve non- (4) CHIEF EXECUTIVE OFFICER.—The Chief ticipation will reflect the demographics of traditional students; Executive Officer of the Foundation shall the United States undergraduate population, (3) through creative grant-making, pro- serve as a nonvoting, ex officio member of including students enrolled in community mote access to study abroad opportunities the Board. colleges, minority-serving institutions, and by diverse United States students, including (5) TERMS.— institutions serving large numbers of low-in- minority students, students of limited finan- (A) OFFICERS OF THE FEDERAL GOVERN- come and first-generation students; and cial means, and nontraditional students; MENT.—Each member of the Board described (3) an increasing portion of study abroad (4) solicit funds from the private sector to in paragraph (3)(A) shall serve for a term will take place in nontraditional study supplement funds made available under this that is concurrent with the term of service abroad destinations, with a substantial por- Act; and of the individual’s position as an officer tion of such increases taking place in devel- (5) minimize administrative costs and within the other Federal department or oping countries. maximize the availability of funds for grants agency. (c) MANDATE OF THE PROGRAM.—In order to under this Act. (B) OTHER MEMBERS.—Each member of the accomplish the objectives set forth in sub- (c) CHIEF EXECUTIVE OFFICER.— Board described in paragraph (3)(B) shall be section (b), the Foundation shall, in admin- (1) IN GENERAL.—There shall be in the appointed for a term of 3 years and may be istering the program established under sub- Foundation a Chief Executive Officer who reappointed for one additional 3 year term. section (a), take fully into account the rec- shall be responsible for the management of (C) VACANCIES.—A vacancy in the Board ommendations of the Commission on the the Foundation. shall be filled in the manner in which the Abraham Lincoln Study Abroad Fellowship (2) APPOINTMENT.—The Chief Executive Of- original appointment was made. Program (established pursuant to section 104 ficer shall be appointed by the Board and (6) CHAIRPERSON.—There shall be a Chair- of the Miscellaneous Appropriations and Off- shall be a recognized leader in higher edu- person of the Board. The Secretary of State sets Act, 2004 (division H of Public Law 108– cation, business, or foreign policy, chosen on (or the Secretary’s designee) shall serve as 199)). the basis of a rigorous search. the Chairperson. (d) STRUCTURE OF GRANTS.— (3) RELATIONSHIP TO BOARD.—The Chief Ex- (7) QUORUM.—A majority of the members of (1) PROMOTING REFORM.—In accordance ecutive Officer shall report to and be under the Board described in paragraph (3) shall with the recommendations of the Commis- the direct authority of the Board. constitute a quorum, which, except with re- sion on the Abraham Lincoln Study Abroad (4) COMPENSATION AND RANK.— spect to a meeting of the Board during the Fellowship Program, grants awarded under

VerDate Nov 24 2008 01:37 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.055 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2482 CONGRESSIONAL RECORD — SENATE February 25, 2009 the program established under subsection (a) (B) costs associated with securing the use spector General of the Department of State shall be structured to the maximum extent of real property for carrying out the func- to conduct reviews, investigations, and in- practicable to promote appropriate reforms tions of the Foundation; spections of operations and activities of the in institutions of higher education in order (C) total travel expenses incurred by Board Foundation. to remove barriers to participation by stu- members and Foundation employees in con- SEC. 9. GENERAL PERSONNEL AUTHORITIES. dents in study abroad. nection with Foundation activities; and (a) DETAIL OF PERSONNEL.—Upon request of (2) GRANTS TO INDIVIDUALS AND INSTITU- (D) total representational expenses. the Chief Executive Officer, the head of an TIONS.—It is the sense of Congress that— SEC. 8. POWERS OF THE FOUNDATION; RELATED agency may detail any employee of such (A) the Foundation should award not more PROVISIONS. agency to the Foundation on a reimbursable than 25 percent of the funds awarded as (a) POWERS.—The Foundation— basis. Any employee so detailed remains, for grants to individuals described in subpara- (1) shall have perpetual succession unless the purpose of preserving such employee’s al- graph (A) of subsection (a)(2) and not less dissolved by a law enacted after the date of lowances, privileges, rights, seniority, and than 75 percent of such funds to institutions the enactment of this Act; other benefits, an employee of the agency described in subparagraphs (B) and (C) of (2) may adopt, alter, and use a seal, which from which detailed. such subsection; and shall be judicially noticed; (b) REEMPLOYMENT RIGHTS.— (B) the Foundation should ensure that not (3) may make and perform such contracts, (1) IN GENERAL.—An employee of an agency less than 85 percent of the amount awarded grants, and other agreements with any per- who is serving under a career or career con- to such institutions is used to award scholar- son or government however designated and ditional appointment (or the equivalent), ships to students. wherever situated, as may be necessary for and who, with the consent of the head of (e) BALANCE OF LONG-TERM AND SHORT- carrying out the functions of the Founda- such agency, transfers to the Foundation, is TERM STUDY ABROAD PROGRAMS.—In admin- tion; entitled to be reemployed in such employee’s istering the program established under sub- (4) may determine and prescribe the man- former position or a position of like senior- section (a), the Foundation shall seek an ap- ner in which its obligations shall be incurred ity, status, and pay in such agency, if such propriate balance between— and its expenses allowed and paid, including employee— (1) longer-term study abroad programs, expenses for representation; (A) is separated from the Foundation for which maximize foreign-language learning (5) may lease, purchase, or otherwise ac- any reason, other than misconduct, neglect and intercultural understanding; and quire, improve, and use such real property of duty, or malfeasance; and (2) shorter-term study abroad programs, wherever situated, as may be necessary for (B) applies for reemployment not later which maximize the accessibility of study carrying out the functions of the Founda- than 90 days after the date of separation abroad to nontraditional students. tion; from the Foundation. (f) QUALITY AND SAFETY IN STUDY (6) may accept cash gifts or donations of (2) SPECIFIC RIGHTS.—An employee who sat- ABROAD.—In administering the program es- services or of property (real, personal, or isfies paragraph (1) is entitled to be reem- tablished under subsection (a), the Founda- mixed), tangible or intangible, for the pur- ployed (in accordance with such paragraph) tion shall require that institutions receiving pose of carrying out the provisions of this within 30 days after applying for reemploy- grants demonstrate that— Act; ment and, on reemployment, is entitled to at (1) the study abroad programs for which (7) may use the United States mails in the least the rate of basic pay to which such em- students receive grant funds are for aca- same manner and on the same conditions as ployee would have been entitled had such demic credit; and the executive departments; employee never transferred. (2) the programs have established health (8) may contract with individuals for per- (c) HIRING AUTHORITY.—Of persons em- and safety guidelines and procedures. sonal services, who shall not be considered ployed by the Foundation, not to exceed 20 Federal employees for any provision of law persons may be appointed, compensated, or SEC. 7. ANNUAL REPORT. administered by the Office of Personnel Man- removed without regard to the civil service (a) REPORT REQUIRED.—Not later than De- agement; laws and regulations. cember 15, 2010, and each December 15 there- (9) may hire or obtain passenger motor ve- (d) BASIC PAY.—The Chief Executive Offi- after, the Foundation shall submit to the ap- hicles; and cer may fix the rate of basic pay of employ- propriate congressional committees a report (10) shall have such other powers as may be ees of the Foundation without regard to the on the implementation of this Act during the necessary and incident to carrying out this provisions of chapter 51 of title 5, United prior fiscal year. Act. States Code (relating to the classification of (b) CONTENTS.—The report required by sub- (b) PRINCIPAL OFFICE.—The Foundation positions), subchapter III of chapter 53 of section (a) shall include— shall maintain its principal office in the such title (relating to General Schedule pay (1) the total financial resources available metropolitan area of Washington, District of rates), except that no employee of the Foun- to the Foundation during the year, including Columbia. dation may receive a rate of basic pay that appropriated funds, the value and source of (c) APPLICABILITY OF GOVERNMENT COR- exceeds the rate for level IV of the Executive any gifts or donations accepted pursuant to PORATION CONTROL ACT.— Schedule under section 5315 of such title. section 8(a)(6), and any other resources; (1) IN GENERAL.—The Foundation shall be (e) DEFINITIONS.—In this section— (2) a description of the Board’s policy pri- subject to chapter 91 of subtitle VI of title (1) the term ‘‘agency’’ means an executive orities for the year and the bases upon which 31, United States Code, except that the agency, as defined by section 105 of title 5, grant proposals were solicited and awarded Foundation shall not be authorized to issue United States Code; and to institutions of higher education, non- obligations or offer obligations to the public. (2) the term ‘‘detail’’ means the assign- governmental institutions, and consortiums (2) CONFORMING AMENDMENT.—Section ment or loan of an employee, without a pursuant to section 6(a)(2)(B) and 6(a)(2)(C); 9101(3) of title 31, United States Code, is change of position, from the agency by which (3) a list of grants made to institutions of amended by adding at the end the following: such employee is employed to the Founda- higher education, nongovernmental institu- ‘‘(S) the Senator Paul Simon Study Abroad tion. tions, and consortiums pursuant to section Foundation.’’. SEC. 10. GAO REVIEW. 6(a)(2)(B) and 6(a)(2)(C) that includes the (d) INSPECTOR GENERAL.— (a) REVIEW REQUIRED.—Not later than two identity of the institutional recipient, the (1) IN GENERAL.—The Inspector General of years after the date of the enactment of this dollar amount, the estimated number of the Department of State shall serve as In- Act, the Comptroller General of the United study abroad opportunities provided to spector General of the Foundation, and, in States shall commence a review of the oper- United States students by each grant, the acting in such capacity, may conduct re- ations of the Foundation. amount of the grant used by each institution views, investigations, and inspections of all (b) CONTENT.—In conducting the review re- for administrative expenses, and information aspects of the operations and activities of quired under subsection (a), the Comptroller on cost-sharing by each institution receiving the Foundation. General shall analyze— a grant; (2) AUTHORITY OF THE BOARD.—In carrying (1) whether the Foundation is organized (4) a description of the bases upon which out the responsibilities under this sub- and operating in a manner that will permit the Foundation made grants directly to section, the Inspector General shall report to it to fulfill the purposes of this section, as United States students pursuant to section and be under the general supervision of the set forth in section 3; 6(a)(2)(A); Board. (2) the degree to which the Foundation is (5) the number and total dollar amount of (3) REIMBURSEMENT AND AUTHORIZATION OF operating efficiently and in a manner con- grants made directly to United States stu- SERVICES.— sistent with the requirements of paragraphs dents by the Foundation pursuant to section (A) REIMBURSEMENT.—The Foundation (4) and (5) of section 5(b); 6(a)(2)(A); and shall reimburse the Department of State for (3) whether grantmaking by the Founda- (6) the total administrative and operating all expenses incurred by the Inspector Gen- tion is being undertaken in a manner con- expenses of the Foundation for the year, as eral in connection with the Inspector Gen- sistent with subsections (d), (e), and (f) of well as specific information on— eral’s responsibilities under this subsection. section 6; (A) the number of Foundation employees (B) AUTHORIZATION FOR SERVICES.—Of the (4) the extent to which the Foundation is and the cost of compensation for Board amount authorized to be appropriated under using best practices in the implementation members, Foundation employees, and per- section 11(a) for a fiscal year, up to $2,000,000 of this Act and the administration of the sonal service contractors; is authorized to be made available to the In- program described in section 6; and

VerDate Nov 24 2008 01:37 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.055 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2483 (5) other relevant matters, as determined spite the fact that all they do is bring not know the Senator would be so by the Comptroller General, after consulta- forward the truth. This is wrong. That available for me to preach to him. I tion with the appropriate congressional com- is why I have supported strong whistle- hope the Homeland Security and Gov- mittees. blower protection laws during my time ernmental Affairs Committee will ex- (c) REPORT REQUIRED.—The Comptroller General shall submit a report on the results in the Congress. amine this legislation and will closely of the review conducted under subsection (a) The landmark whistleblower law is and expeditiously report it to the full to the Secretary of State (in the capacity of the Whistleblower Protection Act of Senate so we can ensure employees of the Secretary as Chairperson of the Board of 1989—I believe is the year it was the legislative branch that they are the Foundation) and to the appropriate con- passed—providing rights and remedies protected from any reprisals relating gressional committees. to executive branch whistleblowers to protected whistleblowing the same SEC. 11. AUTHORIZATION OF APPROPRIATIONS. who are the victims of retaliation. I way as executive branch employees. (a) AUTHORIZATION OF APPROPRIATIONS.— proudly cosponsored that bill. But like Now, it has been a number of years (1) IN GENERAL.—There are authorized to be since the Congressional Accountability appropriated to carry out this Act $80,000,000 many laws that are 20 years old, it for fiscal year 2010 and each subsequent fis- needs to be updated. So I have cospon- Act was signed into law. So I would cal year. sored legislation introduced by Demo- like to remind my colleagues why we (2) AMOUNTS IN ADDITION TO OTHER AVAIL- cratic Senator AKAKA to do just that. passed that law. It was a time very ABLE AMOUNTS.—Amounts authorized to be However, that law also needs to be ex- similar to today. The American people appropriated by paragraph (1) are in addition tended to employees of the legislative were demanding more from their elect- to amounts authorized to be appropriated or and judicial branches of Government. ed officials in Washington and wanted otherwise made available for educational ex- So I come today to start the discussion accountability and transparency in all change programs, including the J. William branches of Government. I believed Fulbright Educational Exchange Program and to introduce legislation that will provide the same whistleblower protec- then, as I do now, that Congress needs and the Benjamin A. Gilman International to put its money where its mouth is Scholarship Program, administered by the tion rights currently extended to exec- Bureau of Educational and Cultural Affairs utive branch employees to the legisla- and apply the various labor and em- ployment laws that were enforced on of the Department of State. tive branch. (b) ALLOCATION OF FUNDS.— I am pleased to be joined by Senator other branches of Government and (1) IN GENERAL.—The Foundation may allo- businesses all across the country. MCCASKILL in introducing the Congres- cate or transfer to any agency of the United That is what the Congressional Ac- sional Whistleblower Protection Act of States Government any of the funds avail- countability Act did. It applied a num- 2009. This important legislation simply able for carrying out this Act. Such funds ber of important laws to Congress, in- adds whistleblower protections to the shall be available for obligation and expendi- cluding the Fair Labor Standards Act, ture for the purposes for which the funds legislative branch by incorporating the title VII, the Civil Rights Act, the were authorized, in accordance with author- Whistleblower Protection Act into the Americans With Disabilities Act, the ity granted in this Act or under authority Congressional Accountability Act of governing the activities of the United States Age Discrimination in Employment 1995, a law that I authored to bring Act, Family Medical Leave Act, the Government agency to which such funds are Congress in line with many labor and allocated or transferred. Occupational Safety and Health Act, workplace practices that affected busi- (2) NOTIFICATION.—The Foundation shall Employee Polygraph Protection Act, notify the appropriate congressional com- nesses around the country because I Worker Adjustment and Retraining No- mittees not less than 15 days prior to an al- have long believed Congress should tification Act, the Rehabilitation Act, location or transfer of funds pursuant to practice what it preaches. This legisla- as well as some provisions of title V re- paragraph (1). tion will do just that. lating to Federal service labor-manage- You might remember the Congres- ment relations. It also created the Of- By Mr. GRASSLEY (for himself sional Accountability Act was passed and Mrs. MCCASKILL): fice of Compliance of the legislative because, going back to the 1930s, Con- branch that oversees the application of S. 474. A bill to amend the Congres- gress had exempted itself from a lot of sional Accountability Act of 1995 to these important laws to this branch of employment laws because we indi- Government and ensures that employ- apply whistleblower protections avail- vidual Senators are employers, the able to certain executive branch em- ees’ rights under these laws are pro- Congress is an employer, but we ex- ployees to legislative branch employ- tected. empted ourselves from, I think, 18, 19 ees, and for other purposes; to the While the Congressional Account- different laws at that particular time. Committee on Homeland Security and ability Act was a good start, the Office So in 1995 I wanted to end the propo- Governmental Affairs. of Compliance has recommended addi- Mr. GRASSLEY. Mr. President, I sition of why we had two sets of laws in tional laws be applied to the legislative come to introduce another bill as part this country—one for Capitol Hill and branch, including the purpose of my of my Accountability in Government one for the rest of the country. Now, bill, the Whistleblower Protection Act. Week. Yesterday I introduced the False since 1995, we have one set of laws, but We have already taken the steps to Claims Act Clarification Act to help we do not have the whistleblower pro- protect whistleblowers in the executive restore the original intent of the most tections that ought to be in it. branch, so it does not make sense not successful law the Government utilizes A theme that has dominated this new to extend those same protections to to protect taxpayers’ dollars from Congress, as well as dominated the whistleblowers working right here in fraud, waste, and abuse. campaign of last fall, is accountability our own backyard on Capitol Hill. My One key component I added to the and responsibility in Washington. In bill will, very simply, give congres- False Claims Act when it was amended most instances, the only reason we dis- sional employees the same protections in 1986 was allowing whistleblowers to covered waste or fraud is because em- that workers of other branches of Gov- file cases on behalf of the Government ployees were brave enough to stand up ernment have. It does this by simply when they are aware of fraud or abuse to the wrongdoers and to expose the of- adding the Whistleblower Protection of taxpayers’ funds. Whistleblowers are fenses. Without these whistleblowers, Act to the preexisting list of statutes the key to unlocking the secrets of the American taxpayer would continue that are applied to the legislative wrongdoing because they have access to foot a bill that might be a violation branch by the Congressional Account- to information about how the frauds of law, might be fraudulent use of tax- ability Act. were perpetrated and can help lead au- payers’ money, might just be a waste This is a straightforward and simple thorities in the right direction to un- of taxpayer money. Either way, tax- solution to ensuring that employees of cover the fraud. However, for their payers are hurt. the legislative branch are not without brave efforts whistleblowers are often This bill is long overdue. I have pre- vital whistleblower protections. So I the victims of retaliation and are re- viously introduced similar legislation, ask, in closing, that my colleagues join moved from their jobs by supervisors but, unfortunately, those bills were me and Senator MCCASKILL in sup- who do not want the wrongdoing un- never brought out of committee. I hope porting this bill to ensure that those covered. the Homeland Security and Govern- who help us in the fight to hold Gov- I have often said whistleblowers were ment Affairs Committee, of which the ernment accountable are not punished as welcome as skunks at a picnic, de- chairman is on the Senate floor—I did for those efforts.

VerDate Nov 24 2008 02:17 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.055 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2484 CONGRESSIONAL RECORD — SENATE February 25, 2009 By Ms. SNOWE (for herself and Mr. LIEBERMAN, Mr. ISAKSON, ports than for House reports. This Mr. WHITEHOUSE): Mr. DODD, Mr. GRASSLEY, Mr. means that the final disclosure reports S. 481. A bill to authorize additional LEAHY, Mr. LEVIN, Mr. KERRY, covering the first two weeks of October Federal Bureau of Investigation field Mr. AKAKA, Mr. HARKIN, Mr. are often not susceptible to detailed agents to investigate financial crimes; NELSON of Nebraska, Mr. REED, scrutiny before the election. According to the Committee on the Judiciary. Mr. ROCKEFELLER, Mr. BINGA- to the Campaign Finance Institute, in Ms. SNOWE. Mr. President, I rise to MAN, Mr. BROWN, and Mr. the 2006 election, ‘‘[v]oters in six of the introduce a bill with Senator CARDIN): hottest Senate races were out of luck WHITEHOUSE to extend the reach of the S. 482. A bill to require Senate can- the week before the November 7 elec- Federal Bureau of Investigation into fi- didates to file designations, state- tion if they did Web searches for infor- nancial crimes that may have helped ments, and reports in electronic form; mation on general election contribu- precipitate last year’s economic melt- read the first time. tions since June 30. . . . In all ten of down. Mr. FEINGOLD. Mr. President, today the most closely followed Senate races We must investigate and scrutinize I will once again introduce with the voters were unable to search through this financial crisis as we would a ter- senior Senator from Mississippi, Mr. any candidate reports for information rorist attack in order to determine its COCHRAN, the Senate Campaign Disclo- on pre-general election (October 1–18) causes and how to preempt another sure Parity Act, a bill to require that donations.’’ And a September 18, 2006, economic collapse in the United Senate candidates file their campaign column by Jeffery H. Birnbaum in the States. finance disclosure reports electroni- Washington Post noted that ‘‘When the Following the September 11 attacks, cally and that those reports be prompt- polls opened in November 2004, voters the FBI redirected approximately 1,000 ly made available to the public. This were in the dark about $53 million in agents to counterterrorism and coun- step is long overdue; indeed I first in- individual Senate contributions of $200 terintelligence activities. Without a troduced this bill in 2003. I hope that or more dating all the way back to doubt, there is no argument that our the Senate will act quickly on this leg- July. . . .’’ country has benefitted from the dedi- islation this year. Because the Senate failed to pass this cated efforts of the men and women of A series of reports by the Campaign bill last Congress, even though we had the FBI who are performing this valu- Finance Institute has highlighted the 48 bipartisan cosponsors and no known able work. anomaly in the election laws that opposition, and even though the Senate Over a 10-year period, from fiscal makes it nearly impossible for the pub- Rules Committee reported the bill by year 1999 to fiscal year 2008, Congress lic to get access to Senate campaign fi- voice vote, the same problem existed has increased direct appropriations for nance reports while most other reports for Senate elections in the 2008 cycle. the FBI from $2.993 billion and 26,693 are available on the Internet within 24 In addition, because of the expense, positions to $6.658 billion—122 percent hours of their filing with the Federal when the FEC puts information from increase—and 30,211 positions—13 per- Election Commission, FEC. The Cam- the paper filings in its electronic data- cent increase. Most of these new re- paign Finance Institute asks a rhetor- base, it only enters contributions, not sources were provided in the wake of ical question: ‘‘What makes the Senate expenditures. So anyone interested in the September 11 terrorist attacks, as so special that it exempts itself from a how a Senate campaign is spending its the FBI redirected its resources toward key requirement of campaign finance money has to consult the paper forms. combating domestic and international disclosure that applies to everyone As Roll Call said in its recent edi- terrorism by improving its intelligence else, including candidates for the torial in favor of the bill, ‘‘[i]t’s time gathering and processing capabilities. House of Representatives and Political for this nonsense to come to an end.’’ As a consequence, for fiscal year 2008, Action Committees?’’ It is time for the Senate to at long last about 60 percent of FBI funding and The answer, of course, is nothing. relinquish its backward attitude to- staffing is allocated to national secu- The U.S. Senate is special in many ward campaign finance disclosure. I rity programs, including counterter- ways. I am proud to serve here. But urge the enactment of this simple bill rorism and counterintelligence. there is no excuse for keeping our cam- that will make our reports subject to In view of the breadth and severity of paign finance information inaccessible the same prompt, public scrutiny as the economic crisis brought on by to the public when the information those filed by PACs, House and Presi- events in U.S. financial markets, how- filed by House candidates or others is dential candidates, and even 527 organi- ever, I am very concerned that crimi- readily available. zations. I close with another question nal wrongdoing may have played a sig- My bill amends the section of the from the Campaign Finance Institute: nificant role in crippling some of election laws dealing with electronic ‘‘Isn’t it time that the Senate join the America’s largest companies. Criminal filing to require reports filed with the 21st century and allow itself to vote on activity, such as fraud, misrepresenta- Secretary of the Senate to be filed a simple legislative fix that could sig- tion, self-dealing, and insider trading electronically and forwarded to the nificantly improve our democracy?’’ may have instigated or exacerbated the FEC within 24 hours. The FEC is re- This Congress, let us finally answer financial industry upheaval of 2008– quired to make available on the Inter- that question in the affirmative. 2009. net within 24 hours any filing it re- I ask unanimous consent that the In order to augment FBI investiga- ceives electronically. So if this bill is text of the bill and the Roll Call edi- enacted, electronic versions of Senate tions of financial crimes, the FBI Pri- torial be printed in the RECORD. reports should be available to the pub- orities Act of 2009 authorizes $150 mil- [From Roll Call, Feb. 11, 2009] lion for each of the fiscal years 2010 lic within 48 hours of their filing. That OUTRAGEOUS through 2014 to fund approximately will be a vast improvement over the 1,000 Federal Bureau of Investigation current situation, which, according to In this year when ‘‘transparency’’ is all the the Campaign Finance Institute, re- rage, it would be appropriate for the Sen- field agents in addition to the number ate—at long last—to join the House and of field agents serving on the date of quires journalists and interested mem- every federal political committee in filing enactment. It is my hope that this bers of the public to review computer campaign finance reports electronically. extra manpower will enable the FBI to images of paper-filed copies of reports, Fundraising and spending reports for the develop leads on unlawful actions, dig and involves a completely wasteful ex- end of 2008 were due on Jan. 31. Reports for deeply into those leads, and bring re- penditure of hundreds of thousands of House Members and candidates and the Re- sponsible parties to justice. The Amer- dollars to re-enter information into publican and Democratic parties and their ican public deserves no less. databases that almost every campaign campaign committees all were instantly has available in electronic format. available to the media, watchdog groups and By Mr. FEINGOLD (for himself, The current filing system also means the public on the Federal Election Commis- sion’s Web site. Mr. COCHRAN, Mr. SCHUMER, Mr. that the detailed coding that the FEC But Senate reports take weeks from the BENNETT, Mrs. FEINSTEIN, Mr. does, which allows for more sophisti- filing deadline to make it into the public MCCAIN, Mr. DURBIN, Mr. ALEX- cated searches and analysis, is com- realm. And when they are made available, ANDER, Mr. REID, Mr. LUGAR, pleted over a week later for Senate re- it’s at the conclusion of a circuitous process

VerDate Nov 24 2008 03:00 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.057 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2485 that costs taxpayers an estimated $250,000 a having read his works, Twain is an ject to the origination clause of the year that could be far better spent else- iconic author who has left an indelible U.S. Constitution. Passing the Mark where—almost anywhere else—or simply mark on our Nation’s history. Two of Twain Commemorative Coin Act used to narrow the federal deficit. his most renowned works, ‘‘The Adven- Moreover, because of the expense, the FEC through both Houses will require no does not electronically post Senate cam- tures of Tom Sawyer’’ and ‘‘Adventures small amount of effort, but today paign expenditures, only contributions—a of Huckleberry Finn,’’ have become a marks an important first step as we gap that Steve Weissman of the Campaign central part of the American literary put this legislative proposal forward Finance Institute correctly calls ‘‘out- canon and are still widely read in and begin to generate broad public sup- rageous.’’ schools and universities across the port for the effort. Once Congressman Senators use FEC-approved software to country. Another enduring work, enti- LARSON’S companion bill meets the compile their reports, but then they snail- tled ‘‘The Gilded Age: A Tale of necessary requirements and is adopted mail paper copies to the office of the Sec- Today,’’ satirized the excesses of the retary of the Senate, which then scans some by the full House, I intend to press it 27,000 pages and sends them electronically to age during which it was written, and forward here in the Senate. the FEC. solidified Twain’s reputation as a The legislation I am introducing will They can be then combed through page by fierce but subtle social critic. His require broad bipartisan support to page on the FEC Web site, but not digitally writings evoke discussions of race, pol- meet the high threshold for commemo- manipulated or matched. The FEC hires a itics, and economic inequality, all rative coin legislation established by contractor to key the data into digital form. issues with which our nation continues the rules of the Committee on Bank- Only then, a month or more after the filing to struggle as we become a ‘‘more per- ing, Housing, and Urban Affairs, so I deadline, can the data be searched and con- fect union.’’ nections made, if any, between money col- urge my colleagues to cosponsor this lected and votes or positions Senators or This bill will allow the Treasury to legislation and join me in supporting their opponents have taken. mint and issue coins in commemora- the life and legacy of Mark Twain, as But it still takes page-by-page searching to tion of Mark Twain’s lasting contribu- well as the important places in our Na- review candidates’ spending—to determine, tions to America’s literary tradition tion that promote further study and for instance, if candidates’ relatives are on and cultural heritage. A portion of pro- education on his significant contribu- the campaign payroll. ceeds from surcharges of $35 and $10 ap- tions to American history. All this ridiculous complexity is necessary plied to each gold and silver coin sold because in 2000 the Senate exempted itself Mr. President, I ask unanimous con- from an electronic filing requirement writ- to the public will be distributed by the sent that the text of the bill be printed ten into the FEC’s appropriation. Legisla- Treasury to support four institutions in the RECORD. tion to correct the situation has been regu- critical to the mission of promoting There being no objection, the text of larly introduced by Sen. Russ Feingold (D– Mark Twain’s legacy: The Mark Twain the bill was ordered to be printed in Wis.), and it’s regularly had dozens of co- House & Museum in Hartford, CT; the the RECORD, as follows: sponsors. Mark Twain Project at the Bancroft S. 483 But it’s never passed. Change was resisted Library of the University of California, Be it enacted by the Senate and House of Rep- at first by Sen. Robert Byrd (D–W.Va.), who in Berkeley, CA; the Center for Mark wanted to maintain a fusty Senate ‘‘preroga- resentatives of the United States of America in tive,’’ and then by various Republican Sen- Twain Studies at Elmira College, in Congress assembled, ators who wanted to attach amendments New York; and the Mark Twain Boy- SECTION 1. SHORT TITLE. that amounted to ‘‘poison pills.’’ hood Home & Museum in Hannibal, This Act may be cited as the ‘‘Mark Twain Last year, the Senate Rules and Adminis- MO. Commemorative Coin Act’’. tration Committee approved the bill for floor The Mark Twain House and Museum SEC. 2. FINDINGS. action, but it was blocked by Sen. John En- in Hartford, CT, is a national historic The Congress finds that— sign (R–Nev.) who sought to add a provision landmark. Each year, over 60,000 visi- (1) Samuel Clemens—better known to the requiring disclosure of the donors to any or- tors flock there, many of them from world as Mark Twain—was a unique Amer- ganization filing ethics complaints against a ican voice whose literary work has had a Senator. The bill never was voted on. outside my home State. This site offers lasting effect on our Nation’s history and It’s time for this nonsense to come to an a unique experience to all who visit, culture; end. Feingold is planning to re-introduce the and serves as a center for educating (2) Mark Twain remains one of the best measure soon. It ought to be processed young and old alike about Mark known Americans in the world, with over promptly by the Rules Committee, now Twain’s life and legacy. However, as re- 6,500 editions of his books translated into 75 chaired by Sen. Charles Schumer (D–N.Y.), cent news articles have reported, the languages; and pushed to the floor for passage as early Mark Twain House and Museum has— (3) Mark Twain’s literary and educational in the year as possible so if it’s subject to not unlike many other nonprofit enti- legacy remains strong even today, with near- more shenanigans, they can be exposed and ly every book he wrote still in print, includ- resolved. ties across the country in the midst of the economic downturn—struggled to ing ‘‘The Adventures of Tom Sawyer’’ and By Mr. DODD (for himself, Mr. cover operating costs solely on private ‘‘Adventures of Huckleberry Finn’’—both of donations, and the financial challenges which have never gone out of print since LIEBERMAN, Mrs. BOXER, Mr. they were first published over a century ago; SCHUMER, Mrs. MCCASKILL, and it currently faces are substantial. Pass- (4) in the past 2 decades alone, there have Mr. BOND): ing this legislation will help to support been more than 100 books published and over S. 483. A bill to require the Secretary the continued operation and restora- 250 doctoral dissertations written on Mark of the Treasury to mint coins in com- tion of the Mark Twain House, and pro- Twain’s life and work; memoration of Mark Twain; to the mote its goals by honoring Mark Twain (5) even today, Americans seek to know Committee on Banking, Housing, and with a commemorative coin desirable more about the life and work of Mark Twain, Urban Affairs. to coin collectors as well as enthu- as people from around the world and across Mr. DODD. Mr. President, today I am siasts of American history and lit- all 50 States annually flock to National His- toric Landmarks like the Mark Twain House introducing the Mark Twain Com- erature. & Museum in Hartford, Connecticut and the memorative Coin Act. I am pleased to Congressman JOHN LARSON of Con- Mark Twain Boyhood Home & Museum in be joined by Senators LIEBERMAN, necticut is introducing companion leg- Hannibal, Missouri; and BOXER, SCHUMER, MCCASKILL, and BOND islation today in the House of Rep- (6) Mark Twain’s work is remembered in cosponsoring this legislation, which resentatives. As a procedural matter, today for addressing the complex social authorizes the Secretary of the Treas- the House Financial Services Com- issues facing America at the turn of the cen- ury to mint 100,000 five-dollar gold mittee requires no less than 290 cospon- tury, including the legacy of the Civil War, coins and 500,000 silver dollar coins in a sors for any commemorative coin bill race relations, and the economic inequalities of the ‘‘Gilded Age’’. design emblematic of the life and leg- to come under committee consider- acy of Mark Twain. ation, and similar cosponsorship rules SEC. 3. COIN SPECIFICATIONS. Samuel L. Clemens, better known by are in place for the Senate Committee (a) DENOMINATIONS.—The Secretary of the Treasury (hereafter in this Act referred to as his pen name ‘‘Mark Twain,’’ was born on Banking, Housing, and Urban Af- the ‘‘Secretary’’) shall mint and issue the in 1835 in Florida, Missouri, and died in fairs. Moreover, the House adheres to a following coins: 1910 while residing in my home State of tradition of interpreting commemora- (1) $5 GOLD COINS.—Not more than 100,000 $5 Connecticut. As many of us know from tive coin bills as ‘‘revenue-raisers’’ sub- coins, which shall—

VerDate Nov 24 2008 03:00 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.058 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2486 CONGRESSIONAL RECORD — SENATE February 25, 2009 (A) weigh 8.359 grams; Mark Twain house and grounds, and to en- their entire spousal benefit, even (B) have a diameter of 0.850 inches; and sure continuing growth and innovation in though their spouse paid Social Secu- (C) contain 90 percent gold and 10 percent museum programming to research, promote, rity taxes for many years. alloy. and educate on the legacy of Mark Twain. According to the Congressional Re- 1 (2) $1 SILVER COINS.—Not more than 500,000 (2) ⁄5 of the surcharges, to the Mark Twain search Service, the Government pen- $1 coins, which shall— Project at the Bancroft Library of the Uni- (A) weigh 26.73 grams; versity of California, Berkeley, California, to sion offset provision alone reduces the (B) have a diameter of 1.500 inches; and support programs to study and promote retirement benefits earned by nearly (C) contain 90 percent silver and 10 percent Mark Twain’s legacy. 500,000 Americans each year by an aver- copper. (3) 1⁄5 of the surcharges, to the Center for age of $500 per month. (b) LEGAL TENDER.—The coins minted Mark Twain Studies at Elmira College, New The windfall elimination provision under this Act shall be legal tender, as pro- York, to support programs to study and pro- reduces Social Security benefits by up vided in section 5103 of title 31, United States mote Mark Twain’s legacy. to 50 percent for retirees who have paid Code. (4) 1⁄5 of the surcharges, to the Mark Twain into Social Security and also receive a (c) NUMISMATIC ITEMS.—For purposes of Boyhood Home & Museum in Hannibal, Mis- public pension, such as from a State section 5134 of title 31, United States Code, souri, to preserve historical sites related to all coins minted under this Act shall be con- Mark Twain and to help support programs to teacher retirement fund. sidered to be numismatic items. study and promote Mark Twain’s legacy. Private-sector retirees receive SEC. 4. DESIGN OF COINS. (c) AUDITS.—The Comptroller General of monthly Social Security checks equal (a) DESIGN REQUIREMENTS.— the United States shall have the right to ex- to 90 percent of their first $744 in aver- (1) IN GENERAL.—The design of the coins amine such books, records, documents, and age monthly career earnings, plus 32 minted under this Act shall be emblematic other data of each of the organizations re- percent of monthly earnings up to of the life and legacy of Mark Twain. ferred to in paragraphs (1), (2), (3), and (4) of $4,483 and 15 percent of earnings above (2) DESIGNATION AND INSCRIPTIONS.—On subsection (b) as may be related to the ex- $4,483. each coin minted under this Act there shall penditures of amounts paid under such sub- Under the windfall elimination provi- be— section. sion, retired public employees, how- (A) a designation of the value of the coin; (B) an inscription of the year ‘‘2013’’; and By Mrs. FEINSTEIN (for herself, ever, are only allowed to receive 40 per- (C) inscriptions of the words ‘‘Liberty’’, Ms. COLLINS, Mr. DURBIN, Mr. cent of the first $744 in career monthly ‘‘In God We Trust’’, ‘‘United States of Amer- KERRY, Mr. BROWN, Mr. CARDIN, earnings, a penalty of over $350 per ica’’, and ‘‘E Pluribus Unum’’. Mrs. BOXER, Mrs. LINCOLN, Mr. month. (b) SELECTION.—The design for the coins Our legislation will allow govern- WHITEHOUSE, Mr. NELSON of minted under this Act shall be— ment pensioners the chance to earn the Florida, and Mr. MENENDEZ): (1) selected by the Secretary, after con- same 90 percent to which nongovern- sultation with the Commission of Fine Arts S. 484. A bill to amend title II of the Social Security Act to repeal the Gov- ment pension recipients are entitled. and the Board of the Mark Twain House & For those living on fixed incomes, in ernment pension offset and windfall Museum; and some cases this represents the dif- (2) reviewed by the Citizens Coinage Advi- elimination provisions; to the Com- ference between a comfortable retire- sory Committee. mittee on Finance. ment and poverty. SEC. 5. ISSUANCE OF COINS. Mrs. FEINSTEIN. Mr. President, I Americans are hurting as our econ- (a) QUALITY OF COINS.—Coins minted under rise today to introduce legislation that this Act shall be issued in uncirculated and omy continues to contract. will help protect the retirement bene- More than $4 trillion in retirement proof qualities. fits earned by our Nation’s public serv- (b) MINT FACILITY.—Only 1 facility of the savings were lost last year as markets United States Mint may be used to strike ice workers. destabilized and investments soured. any particular quality of the coins minted I am pleased to be joined by my col- Retirees on fixed incomes have been under this Act. league from Maine, Senator COLLINS, especially impacted by this recession. (c) PERIOD FOR ISSUANCE.—The Secretary as well as Senators DURBIN, KERRY, Every dollar matters to a retiree strug- may issue coins minted under this Act only BROWN, CARDIN, BOXER, LINCOLN, gling to pay bills and meet mortgage during the 1-year period beginning on Janu- WHITEHOUSE, NELSON of Florida, and ary 1, 2013. obligations. MENENDEZ. In California, more than 837,000 fore- SEC. 6. SALE OF COINS. This bill will repeal two provisions of closures were filed last year. The (a) SALE PRICE.—The coins issued under the Social Security Act—the Govern- this Act shall be sold by the Secretary at a roughly $500 lost by beneficiaries to the price equal to the sum of— ment pension offset and the windfall Government pension offset each month (1) the face value of the coins; elimination provision—that unfairly may mean the difference between fore- (2) the surcharge provided in section 7(a) reduce retirement benefits for teach- closure and keeping one’s home. with respect to such coins; and ers, police officers, and firefighters. This is also critical for seniors resid- (3) the cost of designing and issuing the These two provisions were originally ing in assisted living facilities or re- coins (including labor, materials, dies, use of designed—the Government pension off- tirement communities concerned about machinery, overhead expenses, marketing, set in 1977 and the windfall elimiantion paying the increasingly high cost of and shipping). provision in 1983—to prevent public em- (b) BULK SALES.—The Secretary shall care. make bulk sales of the coins issued under ployees from being unduly enriched. Our Nation’s unemployment rate this Act at a reasonable discount. But, the practical effect is that those stands at 7.6 percent. And, in my State, (c) PREPAID ORDERS.— providing critical public services are over 1.7 million people are out of work. (1) IN GENERAL.—The Secretary shall ac- unjustly penalized. For those close to retirement who have cept prepaid orders for the coins minted Approximately 11⁄2 million Federal, lost their jobs, reductions in Social Se- under this Act before the issuance of such State, and municipal workers, as well curity benefits compound an already coins. as teachers and other school district challenging situation. (2) DISCOUNT.—Sale prices with respect to employees, are held to a different prepaid orders under paragraph (1) shall be We must also eliminate the barriers at a reasonable discount. standard when it comes to retirement which discourage many Americans SEC. 7. SURCHARGES. benefits. from pursuing careers in public service. (a) IN GENERAL.—All sales of coins issued In California, the problem affects This is more difficult now than ever, under this Act shall include a surcharge of— about 200,000 workers. as states face mounting deficits and (1) $35 per coin for the $5 coin; and The Government pension offset re- painful budget cuts. Communities must (2) $10 per coin for the $1 coin. duces a public employee’s Social Secu- be able to retain their most qualified (b) DISTRIBUTION.—Subject to section rity spousal or survivor benefits by an teachers, police officers, and fire- 5134(f)(1) of title 31, United States Code, all amount equal to two-thirds of the indi- fighters. surcharges received by the Secretary from vidual’s public pension. Unfortunately, the Government pen- the sale of coins issued under this Act shall In most cases, the Government pen- sion offset and windfall elimination be promptly paid by the Secretary as fol- lows: sion offset eliminates the spousal ben- provision only contribute to this prob- (1) 2⁄5 of the surcharges, to the Mark Twain efit for which an individual qualifies. lem at a time when we should be doing House & Museum in Hartford, Connecticut, Three quarters of employees affected everything we possibly can to bring the to support the continued restoration of the by the Government pension offset lose best and brightest to these careers.

VerDate Nov 24 2008 03:00 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.060 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2487 It is estimated that schools will need ing ‘‘subsections (k)(5) and (q)’’ and inserting education employees, and more than to hire between 1.7 million and 2.7 mil- ‘‘subsection (q)’’. one-fifth of other public employees, are lion new teachers nationwide by the (2) Section 202(c)(2) of such Act (42 U.S.C. affected by the GPO and/or the WEP. end of this year because of record en- 402(c)(2)) is amended by striking ‘‘sub- Almost 1 million retired public em- sections (k)(5) and (q)’’ and inserting ‘‘sub- ployees across the country have al- rollments in public schools. section (q)’’. The projected retirements of thou- (3) Section 202(e)(2)(A) of such Act (42 ready been harmed by these provisions. sands of veteran teachers and critical U.S.C. 402(e)(2)(A)) is amended by striking Many more stand to be harmed in the efforts to reduce class sizes also neces- ‘‘subsection (k)(5), subsection (q),’’ and in- future. Moreover, at a time when we sitate hiring additional teachers. serting ‘‘subsection (q)’’. should be doing all that we can to at- California currently has roughly (4) Section 202(f)(2)(A) of such Act (42 tract qualified people to public service, 310,000 teachers but will need to double U.S.C. 402(f)(2)(A)) is amended by striking this reduction in retirement benefits this number over the next decade, to ‘‘subsection (k)(5), subsection (q)’’ and in- makes it even more difficult for our serting ‘‘subsection (q)’’. 600,000 teachers, in order to keep up Federal, State and local governments with student enrollment levels. SEC. 3. REPEAL OF WINDFALL ELIMINATION PRO- to recruit and retain the public serv- VISIONS. ants who are so critical to the safety It is counterintuitive that on the (a) IN GENERAL.—Section 215 of the Social one-hand, policymakers seek to en- and well-being of our families. Security Act (42 U.S.C. 415) is amended— What is most troubling is that this courage people to change careers and (1) in subsection (a), by striking paragraph enter the teaching profession, while on (7); offset is most harsh for those who can the other hand, those wishing to do so (2) in subsection (d), by striking paragraph least afford the loss: lower income women. In fact, of those affected by the are told that their retirement benefits (3); and GPO, over 70 percent are women. Ac- will be significantly reduced. (3) in subsection (f), by striking paragraph (9). cording to the Congressional Budget I certainly recognize that our Fed- (b) CONFORMING AMENDMENTS.—Sub- Office, the GPO reduces benefits for eral budget deficit and national debt sections (e)(2) and (f)(2) of section 202 of such more than 200,000 individuals by more make repealing the Government pen- Act (42 U.S.C. 402) are each amended by than $3,600 a year—an amount that can sion offset and windfall elimination striking ‘‘section 215(f)(5), 215(f)(6), or make the difference between a com- provision difficult. 215(f)(9)(B)’’ in subparagraphs (C) and (D)(i) fortable retirement and poverty. And, I remain open to considering and inserting ‘‘paragraph (5) or (6) of section Many Maine teachers, in particular, 215(f)’’. any alternatives that will allow hard have talked with me about the impact working employees to keep the Social SEC. 4. EFFECTIVE DATE. of these provisions on their retirement Security benefits to which they are en- The amendments made by this Act shall apply with respect to monthly insurance security. They love their jobs and the titled. children they teach, but they worry But the bottom line is that we should benefits payable under title II of the Social Security Act for months after December about the future and about their finan- respect, not penalize, our public service 2009. Notwithstanding section 215(f) of the cial security. employees. Social Security Act, the Commissioner of In September of 2003, I chaired an In the 110th Congress, 38 Senators Social Security shall adjust primary insur- oversight hearing to examine the effect joined me in cosponsoring this legisla- ance amounts to the extent necessary to that the GPO and the WEP have had on tion. In the House of Representatives, take into account the amendments made by public employees and retirees. We 351 Members of Congress supported section 3. heard compelling testimony from Julia Representative HOWARD BERMAN’s com- Ms. COLLINS. Mr. President, I am Worcester of Columbia, ME, who was panion bill. Our bill enjoys the support pleased to be joining my colleague then 73. Mrs. Worcester told the com- of more than three quarters of the en- from California, Senator FEINSTEIN, in mittee about her work in both Social tire House of Representatives. introducing the Social Security Fair- Security-covered employment and as a The reason for this support is be- ness Act, which repeals both the wind- Maine teacher, and about the effect cause public servants across the coun- fall elimination provision, WEP, and that the GPO and WEP have had on her try are calling on Congress to act. the Government pension offset, GPO. income in retirement. It is long overdue that we resolve We believe that these two provisions in Mrs. Worcester had worked for more this inequity, and it is time that this the Social Security Act unfairly penal- than 20 years as a waitress and in fac- body protects retirement benefits for ize individuals for holding jobs in pub- tory jobs before deciding, at the age of public employees and formulates a lic service when the time comes for 49, to go back to school to pursue her more cohesive approach to promoting them to retire. life-long dream of becoming a teacher. public sector employment. These two provisions have enormous She began teaching at the age of 52 and So I hope that my colleagues will financial implications for many of our taught full-time for 15 years before re- join me in protecting the retirement teachers, police officers, firefighters, tiring at the age of 68. Since she was benefits of our Nation’s hard working postal workers and other public em- only in the Maine State retirement public servants. We value their con- ployees. Given their important respon- system for 15 years, Mrs. Worcester tributions and must ensure that all sibilities, it is simply unfair to penal- does not receive a full State pension. Americans receive the retirement ben- ize them when it comes to their Social Yet she is still subject to the full pen- efits they have earned and deserve. Security benefits. These public serv- alties under the GPO and WEP. As a I ask unanimous consent that a copy ants—or their spouses—have all paid consequence, even though she worked of the text of the legislation be printed taxes into the Social Security system. hard and paid into the Social Security in the RECORD. So have their employers. They have system for more than 20 years, she re- There being no objection, the text of worked long enough to earn their So- ceives less than $800 a month in total the bill was ordered to be printed in cial Security benefits. Yet because of pension income. After a lifetime of hard work, Mrs. the RECORD, as follows: the GPO and WEP, they are unable to Worcester, who turns 78 next month, is S. 484 receive all of the Social Security bene- fits to which they otherwise would be still substitute teaching just to make Be it enacted by the Senate and House of Rep- ends meet. She cannot afford to stop entitled. resentatives of the United States of America in working. This simply is not right. Congress assembled, The impact of these two provisions is It is time for us to take action, and SECTION 1. SHORT TITLE. most acute in 15 States, including I urge all of my colleagues to join us in This Act may be cited as the ‘‘Social Secu- Maine, which have State retirement cosponsoring the Social Security Fair- rity Fairness Act of 2009’’. plans that lack a Social Security com- ness Act to eliminate these two unfair SEC. 2. REPEAL OF GOVERNMENT PENSION OFF- ponent. However, it is important to provisions. SET PROVISION. point out that the GPO and WEP affect (a) IN GENERAL.—Section 202(k) of the So- public employees and retirees in every cial Security Act (42 U.S.C. 402(k)) is amend- By Ms. MURKOWSKI (for herself ed by striking paragraph (5). State, and in particular our emergency and Mr. BYRD): (b) CONFORMING AMENDMENTS.— responders, our postal workers and our S.J. Res. 11. A joint resolution pro- (1) Section 202(b)(2) of the Social Security other Federal employees. Nationwide, posing an amendment to the Constitu- Act (42 U.S.C. 402(b)(2)) is amended by strik- more than one-third of teachers and tion of the United States relative to a

VerDate Nov 24 2008 02:09 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.075 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2488 CONGRESSIONAL RECORD — SENATE February 25, 2009 seat in the House of Representatives training of the professional staff of such Whereas sports and fitness activities con- for the District of Columbia; to the committee (under procedures specified by tribute to emotional and physical well-being; Committee on the Judiciary. section 202(j) of the Legislative Reorganiza- Whereas women need strong bodies as well Ms. MURKOWSKI. Mr. President, I tion Act of 1946). as strong minds; (b) For the period October 1, 2009, through Whereas the history of women in sports is ask unanimous consent that S.J. Res. September 30, 2010, expenses of the com- rich and long, but there has been little na- 11, proposing an amendment to the mittee under this resolution shall not exceed tional recognition of the significance of the Constitution of the United States rel- $9,161,539, of which amount (1) not to exceed athletic achievements of women; ative to a seat in the House of Rep- $30,000 may be expended for the procurement Whereas the number of women in leader- resentatives for the District of Colum- of the services of individual consultants, or ship positions as coaches, officials, and ad- bia, be printed in the RECORD. organizations thereof (as authorized by sec- ministrators has declined drastically since There being no objection, the text of tion 202(i) of the Legislative Reorganization the passage of title IX of the Education Amendments of 1972 (Public Law 92–318; 86 the joint resolution was ordered to be Act of 1946, as amended), and (2) not to ex- ceed $10,000 may be expended for the training Stat. 373); printed in the RECORD, as follows: of the professional staff of such committee Whereas there is a need to restore women S.J. RES. 11 (under procedures specified by section 202(j) to leadership positions in athletics to ensure Resolved by the Senate and House of Rep- of the Legislative Reorganization Act of a fair representation of the abilities of resentatives of the United States of America in 1946). women and to provide role models for young Congress assembled (two-thirds of each House (c) For the period October 1, 2010, through female athletes; concurring therein), February 28, 2011, expenses of the committee Whereas the bonds built between women SECTION 1. CONSTITUTIONAL AMENDMENT. under this resolution shall not exceed through athletics help to break down the so- $3,901,707 of which amount (1) not to exceed The following article is proposed as an cial barriers of racism and prejudice; $12,500 may be expended for the procurement amendment to the Constitution of the Whereas the communication and coopera- of the services of individual consultants, or United States, which shall be valid to all in- tion skills learned through athletic experi- organizations thereof (as authorized by sec- tents and purposes as part of the Constitu- ence play a key role in the contributions of tion 202(i) of the Legislative Reorganization tion when ratified by the legislatures of an athlete to her home, workplace, and soci- Act of 1946, as amended), and (2) not to ex- three-fourths of the several States within ety; ceed $4,166 may be expended for the training seven years after the date of its submission Whereas women’s athletics has produced of the professional staff of such committee by the Congress: such winners as Flo Hyman, whose spirit, (under procedures specified by section 202(j) talent, and accomplishments distinguished ‘‘ARTICLE— of the Legislative Reorganization Act of her above others and who exhibited the true ‘‘SECTION 1. The people of the District con- 1946.) meaning of fairness, determination, and stituting the seat of Government of the SEC. 3. The committee shall report its find- team play; United States shall elect one representative ings, together with such recommendations Whereas parents feel that sports are equal- to the House of Representatives who is a for legislation as it deems advisable, to the ly important for boys and girls and that resident of that District. The representative Senate at the earliest practicable date, but sports and fitness activities provide impor- so elected shall have the same rights, privi- not later than February 28, 2010. tant benefits to girls who participate; leges, and obligations as a Representative SEC. 4. Expenses of the committee under Whereas early motor-skill training and en- from a State. this resolution shall be paid from the contin- joyable experiences of physical activity ‘‘SECTION 2. Congress shall have the power gent fund of the Senate upon vouchers ap- strongly influence life-long habits of phys- to enforce this article by appropriate legisla- proved by the chairman of the committee, ical fitness; tion.’’. except that vouchers shall not be required (1) Whereas the performances of female ath- f for the disbursement of salaries of employees letes in the Olympic Games are a source of paid at an annual rate, or (2) for the pay- inspiration and pride to the people of the SUBMITTED RESOLUTIONS ment of telecommunications provided by the United States; Office of the Sergeant at Arms and Door- Whereas the athletic opportunities for keeper, United States Senate, or (3) for the male students at the collegiate and high SENATE RESOLUTION 54—AUTHOR- payment of stationery supplies purchased school levels remain significantly greater IZING EXPENDITURES BY THE through the Keeper of the Stationery, United than those for female students; and COMMITTEE ON FINANCE States Senate, or (4) for payments to the Whereas the number of funded research Postmaster, United States Senate, or (5) for Mr. BAUCUS submitted the following projects focusing on the specific needs of the payment of metered charges on copying women athletes is limited and the informa- resolution; from the Committee on Fi- equipment provided by the Office of the Ser- tion provided by these projects is imperative nance; which was referred to the Com- geant at Arms and Doorkeeper, United to the health and performance of future mittee on Rules and Administration: States Senate, or (6) for the payment of Sen- women athletes: Now, therefore, be it ate Recording and Photographic Services, or S. RES. 54 Resolved, That the Senate— (7) for payment of franked and mass mail (1) designates each of February 4, 2009, and Resolved, That, in carrying out in powers, costs by the Sergeant at Arms and Door- February 3, 2010, as ‘‘National Women and duties, and functions under the Standing keeper, United States Senate. Girls in Sports Day’’; and Rules of the Senate, in accordance with its SEC. 5. There are authorized such sums as (2) encourages State and local jurisdic- jurisdiction under rule XXV of such rules, in- may be necessary for agency contributions tions, appropriate Federal agencies, and the cluding holding hearings, reporting such related !o the compensation of employees of people of the United States to observe ‘‘Na- hearings, and making investigations as au- the committee from March 1, 2009, through tional Women and Girls in Sports Day’’ with thorized by paragraphs 1 and 8 of rule XXVI September 30, 2009; October 1, 2009 through appropriate ceremonies and activities. of the Standing Rules of the Senate, the September 30, 2010; and October 1, 2010 f Committee on Finance is authorized from through February 28, 2011, to be paid from March 1, 2009, through September 30, 2009; the Appropriations account for Expenses of SENATE RESOLUTION 56—URGING October 1, 2009, through September 30, 2010; Inquiries and Investigations. THE GOVERNMENT OF MOLDOVA and October 1, 2010, through February 28, 2011, in its discretion (1) to make expendi- f TO ENSURE A FAIR AND DEMO- tures from the contingent fund of the Sen- SENATE RESOLUTION 55—DESIG- CRATIC ELECTION PROCESS FOR ate, (2) to employ personnel, and (3) with the NATING EACH OF FEBRUARY 4, THE PARLIAMENTARY ELEC- prior consent of the Government department 2009, AND FEBRUARY 3, 2010, AS TIONS ON APRIL 5, 2009 or agency concerned and the Committee on ‘‘NATIONAL WOMEN AND GIRLS Mr. LUGAR submitted the following Rules and Administration, to use on a reim- resolution; which was referred to the bursable or non-reimbursable basis the serv- IN SPORTS DAY’’ Committee on Foreign Relations: ices of personnel of any such department or Ms. SNOWE (for herself, Mrs. MUR- S. RES. 56 agency. RAY, and Ms. MIKULSKI) submitted the SEC. 2a. The expenses of the committee for following resolution; which was re- Whereas Senate Resolution 60, 110th Con- the period March 1, 2009, through September ferred to the Committee on the Judici- gress, agreed to February 17, 2005, expressed 30, 2009, under this resolution shall not ex- the support of the Senate for democratic re- ceed $5,210,765, of which amount (1) not to ex- ary: form in Moldova and urged the Government ceed $17,500 may be expended for the procure- S. RES. 55 of Moldova to ensure a democratic and fair ment of the services of individual consult- Whereas women’s athletics are one of the election process for the parliamentary elec- ants, or organizations thereof (as authorized most effective avenues available for the tions on March 6, 2005, by ensuring by section 202(i) of the Legislative Reorga- women of the United States to develop self- ‘‘unimpeded access by all parties and can- nization Act of 1946, as amended), and (2) not discipline, initiative, confidence, and leader- didates to print, radio, television, and Inter- to exceed $5,833 may be expended for the ship skills; net media on a nondiscriminatory basis’’ and

VerDate Nov 24 2008 02:09 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.063 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2489 ‘‘the right of opposition candidates and coming parliamentary elections on Whereas Children’s Dental Health Month workers to engage in campaigning free of April 5, 2009. educates the public about the treatment of harassment, discrimination, and intimida- Since independence in 1991, Moldova childhood dental caries, cleft-palate, oral fa- tion’’; has made notable progress in estab- cial trauma, and oral cancer through public Whereas the Election Observation Mission service announcements, seminars, briefings, of the Office for Democratic Institutions and lishing a democratic political system and the pro bono initiatives of practitioners Human Rights of the Organization for Secu- and a free market economy. However, and academic dental institutions; rity and Co-operation in Europe (OSCE) the Organization for Security and Co- Whereas Children’s Dental Health Month found that, while the parliamentary elec- operation in Europe, OSCE, has re- was created to raise awareness about the im- tions in 2005 generally complied with most of ported that recent rounds of par- portance of oral health; and the OSCE commitments and other inter- liamentary elections have fallen short Whereas Children’s Dental Health Month is national standards, ‘‘they fell short of some on a number of international election an opportunity for the public and health pro- that are central to a genuinely competitive fessionals to take action to prevent child- election process’’, in particular ‘‘campaign standards. In 2005, the Senate passed a Resolu- hood dental problems and improve access to conditions and access to media’’, confirming high-quality dental care: Now, therefore, be the ‘‘negative trends already noted in the tion expressing our support for demo- it 2003 local elections’’; cratic reform in Moldova and urging Resolved by the Senate (the House of Rep- Whereas the Election Observation Mission the Government of Moldova to ensure resentatives concurring), That Congress ex- found that the local elections held in June unimpeded access by all parties and presses support for Children’s Dental Health 2007 in Moldova were generally well adminis- candidates to all media outlets in the Month and honors the life of Deamonte Driv- tered but ‘‘fell short of a number of OSCE run-up to the 2005 parliamentary elec- er. commitments central to a competitive elec- f toral process,’’ in particular by not fully re- tions. While the OSCE found that the specting ‘‘the right of citizens to seek public 2005 elections generally complied with AMENDMENTS SUBMITTED AND office and equitable media access’’; international standards, it found that PROPOSED Whereas Freedom House, a non-profit, non- ‘‘campaign conditions and access to SA 573. Mr. DEMINT submitted an amend- partisan organization working to advance media’’ fell short of these standards. ment intended to be proposed by him to the the expansion of freedom, again in 2008 des- The OSCE reported similar cir- bill S. 160, to provide the District of Colum- ignated the political environment of cumstances following the 2007 par- bia a voting seat and the State of Utah an Moldova as only ‘‘partly free’’; liamentary elections, including a lack additional seat in the House of Representa- Whereas political liberties and civil rights of ‘‘equitable media access’’ among the tives.; which was ordered to lie on the table. are key indicators of eligibility for support SA 574. Mr. KYL proposed an amendment from the Millennium Challenge Corporation, candidates. This Resolution re-affirms the United to the bill S. 160, supra. an entity of the United States Government, SA 575. Mr. ENSIGN (for himself, Mr. States Senate’s support for political re- which is now considering a sizeable grant for VITTER, Mr. COBURN, Mr. DEMINT, Mr. BURR, the economic and political development of form and fair democratic processes Mr. WICKER, Mr. THUNE, Mr. GRASSLEY, Mr. Moldova; and with our partners in Moldova. It urges RISCH, Mr. INHOFE, Mr. BENNETT, Mr. ENZI, Whereas recent actions by entities of the the Government of Moldova to recog- Mr. CHAMBLISS , Mr. ISAKSON, Mr. CRAPO, Mr. Government of Moldova raise serious ques- nize the importance of guaranteeing all CORNYN, Mr. BROWNBACK, Mr. CORKER, Mr. tions about the readiness of the Government election candidates equitable access to MARTINEZ, Ms. MURKOWSKI, Mr. GRAHAM, and of Moldova to break free from the unfortu- Mr. ROBERTS) proposed an amendment to the nate patterns established in the elections in media outlets in Moldova for the April 2009 elections. This will be an impor- bill S. 160, supra. 2003, 2005, and 2007 and to create the cam- SA 576. Mr. COBURN (for himself and Mr. paign conditions and access to media re- tant consideration for receiving a Com- INHOFE) proposed an amendment to amend- quired for truly free and fair elections: Now, pact from the Millennium Challenge ment SA 575 proposed by Mr. ENSIGN (for therefore, be it Corporation and for Moldova’s full in- himself, Mr. VITTER, Mr. COBURN, Mr. Resolved, That the Senate— tegration as a member of the Western DEMINT, Mr. BURR, Mr. WICKER, Mr. THUNE, (1) reaffirms the strong, mutually bene- community of democracies. Mr. GRASSLEY, Mr. RISCH, Mr. INHOFE, Mr. ficial relationship that exists between the BENNETT, Mr. ENZI, Mr. CHAMBLISS, Mr. United States Government and the Govern- I ask my colleagues to support this resolution. ISAKSON, Mr. CRAPO, Mr. CORNYN, Mr. ment of Moldova; BROWNBACK, Mr. CORKER, Mr. MARTINEZ, Ms. (2) recognizes that the development of a f MURKOWSKI, Mr. GRAHAM, and Mr. ROBERTS) genuinely democratic political system in SENATE CONCURRENT RESOLU- to the bill S. 160, supra. Moldova is a precondition for the full inte- SA 577. Mr. COBURN submitted an amend- gration of Moldova into the Western commu- TION 8—EXPRESSING SUPPORT FOR CHILDREN’S DENTAL ment intended to be proposed by him to the nity of nations and the provision of assist- bill S. 160, supra; which was ordered to lie on ance necessary to attain such integration; HEALTH MONTH AND HONORING the table. (3) urges the Government of Moldova to THE MEMORY OF DEAMONTE SA 578. Mr. COBURN submitted an amend- meet its commitments to the Organization DRIVER ment intended to be proposed by him to the for Security and Co-operation in Europe, es- bill S. 160, supra; which was ordered to lie on Mr. CARDIN (for himself, Ms. COL- pecially in respect to the conduct of elec- the table. tions, by guaranteeing— LINS, Mr. ROCKEFELLER, Ms. MIKULSKI, SA 579. Mr. THUNE (for himself, Mr. (A) unimpeded access by all parties and and Mr. BINGAMAN) submitted the fol- VITTER, Mr. GRASSLEY, Mr. WICKER, Mr. candidates to public print, radio, television, lowing concurrent resolution; which COBURN, Mr. DEMINT, Mr. INHOFE, Mr. BEN- and Internet media on a nondiscriminatory was considered and agreed to: NETT, Mr. ENZI, Mr. RISCH, Mr. CRAPO, and basis; S. CON. RES. 8 Mr. WEBB) proposed an amendment to the (B) the ability of independent media to bill S. 160, supra. Whereas several national dental organiza- cover campaigns on an unrestricted basis; SA 580. Mr. COBURN submitted an amend- tions have observed February 2009 as Chil- (C) the right of opposition candidates and ment intended to be proposed by him to the dren’s Dental Health Month; workers to engage in campaigning free of bill S. 160, supra; which was ordered to lie on Whereas Deamonte Driver, a 12-year-old harassment, discrimination, and intimida- the table. tion; and Marylander, died on February 25, 2007, of SA 581. Mr. COBURN submitted an amend- (D) adequate means for citizens of Moldova complications resulting from untreated ment intended to be proposed by him to the residing abroad to cast their ballots; and tooth decay; bill S. 160, supra. (4) in light of the steps taken by the Gov- Whereas the passing of Deamonte Driver SA 582. Mrs. FEINSTEIN submitted an ernment of Moldova, pledges the continued has led to increased awareness nationwide amendment intended to be proposed by her support of the United States Government for about the importance of access to high-qual- to the bill S. 160, supra; which was ordered to the establishment in Moldova of a fully free ity, affordable preventative care and treat- lie on the table. and democratic system, the creation of a ment for dental problems; SA 583. Mrs. FEINSTEIN submitted an prosperous market economy, and the as- Whereas the primary purpose of Children’s amendment intended to be proposed by her sumption by Moldova of its rightful place as Dental Health Month is to educate parents, to the bill S. 160, supra; which was ordered to a full and equal member of the Western com- children, and the public about the impor- lie on the table. munity of democracies. tance and value of oral health; SA 584. Mrs. FEINSTEIN submitted an Whereas Children’s Dental Health Month amendment intended to be proposed by her Mr. LUGAR. Mr. President, today I showcases the overwhelmingly preventable to the bill S. 160, supra; which was ordered to submit a resolution urging the Govern- nature of tooth decay and highlights the fact lie on the table. ment of Moldova to ensure a fair and that tooth decay is on the rise among the SA 585. Mr. KYL proposed an amendment democratic election process for the up- youngest children in the Nation; to the bill S. 160, supra.

VerDate Nov 24 2008 02:09 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.067 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2490 CONGRESSIONAL RECORD — SENATE February 25, 2009 SA 586. Mr. DURBIN submitted an amend- of any provision of this Act or any amend- Constitution protects the rights of individ- ment intended to be proposed by him to the ment made by this Act, the following rules uals, including those who are not members of bill S. 160, supra; which was ordered to lie on shall apply: a militia or engaged in military service or the table. (1) The action shall be filed in the United training, to keep and bear arms. SA 587. Mr. ENSIGN (for himself and Mr. States District Court for the District of Co- (3) The law-abiding citizens of the District VOINOVICH) submitted an amendment in- lumbia and shall be heard by a 3-judge court of Columbia are deprived by local laws of tended to be proposed by him to the bill S. convened pursuant to section 2284 of title 28, handguns, rifles, and shotguns that are com- 160, supra; which was ordered to lie on the United States Code. monly kept by law-abiding persons through- table. (2) A copy of the complaint shall be deliv- out the United States for sporting use and SA 588. Mr. MARTINEZ submitted an ered promptly to the Clerk of the House of for lawful defense of their persons, homes, amendment intended to be proposed by him Representatives and the Secretary of the businesses, and families. to the bill S. 160, supra; which was ordered to Senate. (4) The District of Columbia has the high- lie on the table. (3) A final decision in the action shall be est per capita murder rate in the Nation, SA 589. Mr. LAUTENBERG submitted an reviewable only by appeal directly to the Su- which may be attributed in part to local amendment intended to be proposed by him preme Court of the United States. Such ap- laws prohibiting possession of firearms by to the bill S. 160, supra; which was ordered to peal shall be taken by the filing of a notice law-abiding persons who would otherwise be lie on the table. of appeal within 10 days, and the filing of a able to defend themselves and their loved SA 590. Mr. LAUTENBERG (for himself and jurisdictional statement within 30 days, of ones in their own homes and businesses. Mr. REED) submitted an amendment in- the entry of the final decision. (5) The Federal Gun Control Act of 1968, as tended to be proposed by him to the bill S. (4) It shall be the duty of the United States amended by the Firearms Owners’ Protec- 160, supra; which was ordered to lie on the District Court for the District of Columbia tion Act of 1986, and the Brady Handgun Vio- table. and the Supreme Court of the United States lence Prevention Act of 1993, provide com- to advance on the docket and to expedite to prehensive Federal regulations applicable in f the greatest possible extent the disposition the District of Columbia as elsewhere. In ad- TEXT OF AMENDMENTS of the action and appeal. dition, existing District of Columbia crimi- (b) INTERVENTION BY MEMBERS OF CON- nal laws punish possession and illegal use of Mr. DEMINT submitted an SA 573. GRESS.— firearms by violent criminals and felons. amendment intended to be proposed by (1) IN GENERAL.—In any action in which the Consequently, there is no need for local laws him to the bill S. 160, to provide the constitutionality of any provision of this Act which only affect and disarm law-abiding District of Columbia a voting seat and or any amendment made by this Act is chal- citizens. the State of Utah an additional seat in lenged (including an action described in sub- (6) Officials of the District of Columbia the House of Representatives; which section (a)), any member of the House of have indicated their intention to continue to was ordered to lie on the table; as fol- Representatives (including a Delegate or unduly restrict lawful firearm possession and lows: Resident Commissioner to the Congress) or use by citizens of the District. the Senate shall have the right to intervene (7) Legislation is required to correct the At the end of the bill add the following: or file legal pleadings or briefs either in sup- District of Columbia’s law in order to restore SEC. 9. FAIRNESS DOCTRINE PROHIBITED. port of or opposition to the position of a the fundamental rights of its citizens under (a) LIMITATION ON GENERAL POWERS: FAIR- party to the case regarding the constitu- the Second Amendment to the United States NESS DOCTRINE.—Title III of the Communica- tionality of the provision or amendment. Constitution and thereby enhance public tions Act of 1934 is amended by inserting (2) COURT EFFICIENCY.—To avoid duplica- safety. after section 303 (47 U.S.C. 303) the following tion of efforts and reduce the burdens placed SEC. l03. REFORM D.C. COUNCIL’S AUTHORITY new section: on the parties to the action, the court in any TO RESTRICT FIREARMS. ‘‘SEC. 303A. LIMITATION ON GENERAL POWERS: action described in paragraph (1) may make Section 4 of the Act entitled ‘‘An Act to FAIRNESS DOCTRINE. such orders as it considers necessary, includ- prohibit the killing of wild birds and wild ‘‘Notwithstanding section 303 or any other ing orders to require intervenors taking animals in the District of Columbia’’, ap- provision of this Act or any other Act au- similar positions to file joint papers or to be proved June 30, 1906 (34 Stat. 809; sec. 1– thorizing the Commission to prescribe rules, represented by a single attorney at oral ar- 303.43, D.C. Official Code) is amended by add- regulations, policies, doctrines, standards, gument. ing at the end the following: ‘‘Nothing in guidelines, or other requirements, the Com- (c) CHALLENGE BY MEMBERS OF CONGRESS.— this section or any other provision of law mission shall not have the authority to pre- Any Member of Congress may bring an ac- shall authorize, or shall be construed to per- scribe any rule, regulation, policy, doctrine, tion, subject to the special rules described in mit, the Council, the Mayor, or any govern- standard, guideline, or other requirement subsection (a), to challenge the constitu- mental or regulatory authority of the Dis- that has the purpose or effect of reinstating tionality of any provision of this Act or any trict of Columbia to prohibit, constructively or repromulgating (in whole or in part)— amendment made by this Act. prohibit, or unduly burden the ability of per- ‘‘(1) the requirement that broadcasters sons not prohibited from possessing firearms present or ascertain opposing viewpoints on SA 575. Mr. ENSIGN (for himself, Mr. under Federal law from acquiring, possessing issues of public importance, commonly re- VITTER, Mr. COBURN, Mr. DEMINT, Mr. in their homes or businesses, or using for ferred to as the ‘Fairness Doctrine’, as re- BURR, Mr. WICKER, Mr. THUNE, Mr. sporting, self-protection or other lawful pur- pealed in In re Complaint of Syracuse Peace GRASSLEY, Mr. RISCH, Mr. INHOFE, Mr. poses, any firearm neither prohibited by Fed- Council against Television Station WTVH, BENNETT, Mr. ENZI, Mr. CHAMBLISS, Mr. eral law nor subject to the National Fire- Syracuse New York, 2 FCC Rcd. 5043 (1987); or ISAKSON, Mr. CRAPO, Mr. CORNYN, Mr. arms Act. The District of Columbia shall not ‘‘(2) any similar requirement that broad- have authority to enact laws or regulations BROWNBACK, Mr. CORKER, Mr. MAR- casters meet programming quotas or guide- that discourage or eliminate the private lines for issues of public importance.’’. TINEZ, Ms. MURKOWSKI, Mr. GRAHAM, ownership or use of firearms. Nothing in the (b) SEVERABILITY.—Notwithstanding sec- and Mr. ROBERTS) proposed an amend- previous two sentences shall be construed to tion 7(a), if any provision of section 2(a)(1), ment to the bill S. 160, to provide the prohibit the District of Columbia from regu- 2(b)(1), or 3 or any amendment made by those District of Columbia a voting seat and lating or prohibiting the carrying of firearms sections is declared or held invalid or unen- the State of Utah an additional seat in by a person, either concealed or openly, forceable by a court of competent jurisdic- the House of Representatives; as fol- other than at the person’s dwelling place, tion, the amendment made by subsection (a) lows: place of business, or on other land possessed and the application of such amendment to by the person.’’. At the appropriate place, insert the fol- any other person or circumstance shall not lowing: SEC. l04. REPEAL D.C. SEMIAUTOMATIC BAN. be affected by such holding. (a) IN GENERAL.—Section 101(10) of the TITLE ll—SECOND AMENDMENT Firearms Control Regulations Act of 1975 SA 574. Mr. KYL proposed an amend- ENFORCEMENT ACT (sec. 7–2501.01(10), D.C. Official Code) is ment to the bill S. 160, to provide the SEC. l01. SHORT TITLE. amended to read as follows: District of Columbia a voting seat and This title may be cited as the ‘‘Second ‘‘(10) ‘Machine gun’ means any firearm the State of Utah an additional seat in Amendment Enforcement Act’’. which shoots, is designed to shoot, or may be the House of Representatives; as fol- SEC. l02. CONGRESSIONAL FINDINGS. readily restored to shoot automatically, lows: Congress finds the following: more than 1 shot without manual reloading (1) The Second Amendment to the United by a single function of the trigger, and in- On page 27, strike line 21 through the end States Constitution provides that the right cludes the frame or receiver of any such of the bill and insert the following: of the people to keep and bear arms shall not weapon, any part designed and intended sole- SEC. 8. JUDICIAL REVIEW. be infringed. ly and exclusively, or combination of parts (a) SPECIAL RULES FOR ACTIONS BROUGHT (2) As the Congress and the Supreme Court designed and intended, for use in converting ON CONSTITUTIONAL GROUNDS.—If any action of the United States have recognized, the a weapon into a machine gun, and any com- is brought to challenge the constitutionality Second Amendment to the United States bination of parts from which a machine gun

VerDate Nov 24 2008 03:00 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.073 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2491 can be assembled if such parts are in the pos- (E) by striking subparagraphs (D) and (E). (1) in the matter before paragraph (1), by session or under the control of a person.’’. (7) Section 406(c) (sec. 7–2504.06(c), D.C. Of- striking ‘‘a pistol,’’ and inserting the fol- (b) CONFORMING AMENDMENT TO PROVISIONS ficial Code) is amended to read as follows: lowing: ‘‘except in his dwelling house or SETTING FORTH CRIMINAL PENALTIES.—Sec- ‘‘(c) Within 45 days of a decision becoming place of business or on other land possessed tion 1(c) of the Act of July 8, 1932 (47 Stat. effective which is unfavorable to a licensee by that person, whether loaded or unloaded, 651; sec. 22—4501(c), D.C. Official Code) is or to an applicant for a dealer’s license, the a firearm,’’; and amended to read as follows: licensee or application shall— (2) by striking ‘‘except that:’’ and all that ‘‘(c) ‘Machine gun’, as used in this Act, has ‘‘(1) lawfully remove from the District all follows through ‘‘(2) If the violation’’ and in- the meaning given such term in section destructive devices in his inventory, or serting ‘‘except that if the violation’’. 101(10) of the Firearms Control Regulations peaceably surrender to the Chief all destruc- (b) CONFORMING AMENDMENT.—Section 5 of Act of 1975.’’. tive devices in his inventory in the manner such Act (47 Stat. 651; sec. 22–4505, D.C. Offi- SEC. l05. REPEAL REGISTRATION REQUIRE- provided in section 705; and cial Code) is amended— MENT. ‘‘(2) lawfully dispose, to himself or to an- (1) by striking ‘‘pistol’’ each place it ap- (a) REPEAL OF REQUIREMENT.— other, any firearms and ammunition in his pears and inserting ‘‘firearm’’; and (1) IN GENERAL.—Section 201(a) of the Fire- inventory.’’. (2) by striking ‘‘pistols’’ each place it ap- arms Control Regulations Act of 1975 (sec. 7– (8) Section 407(b) (sec. 7–2504.07(b), D.C. Of- pears and inserting ‘‘firearms’’. 2502.01(a), D.C. Official Code) is amended by ficial Code) is amended by striking ‘‘would striking ‘‘any firearm, unless’’ and all that SEC. l10. AUTHORIZING PURCHASES OF FIRE- not be eligible’’ and all that follows and in- ARMS BY DISTRICT RESIDENTS. follows through paragraph (3) and inserting serting ‘‘is prohibited from possessing or re- Section 922 of title 18, United States Code, the following: ‘‘any firearm described in sub- ceiving a firearm under Federal or District is amended in paragraph (b)(3) by inserting section (c).’’. law.’’. after ‘‘other than a State in which the li- (2) DESCRIPTION OF FIREARMS REMAINING IL- (9) Section 502 (sec. 7–2505.02, D.C. Official censee’s place of business is located’’ the fol- LEGAL.—Section 201 of such Act (sec. 7– Code) is amended— lowing: ‘‘, or to the sale or delivery of a 2502.01, D.C. Official Code) is amended by (A) by amending subsection (a) to read as handgun to a resident of the District of Co- adding at the end the following new sub- follows: lumbia by a licensee whose place of business section: ‘‘(a) Any person or organization not pro- is located in Maryland or Virginia,’’. ‘‘(c) A firearm described in this subsection hibited from possessing or receiving a fire- SEC. l11. REPEALS OF DISTRICT OF COLUMBIA is any of the following: arm under Federal or District law may sell ‘‘(1) A sawed-off shotgun. ACTS. or otherwise transfer ammunition or any The Firearms Registration Amendment ‘‘(2) A machine gun. firearm, except those which are prohibited ‘‘(3) A short-barreled rifle.’’. Act of 2008 and the Firearms Registration under section 201, to a licensed dealer.’’; Emergency Amendment Act of 2008, as (3) CONFORMING AMENDMENT.—The heading (B) by amending subsection (c) to read as of section 201 of such Act (sec. 7–2502.01, D.C. passed by the District of Columbia, are re- follows: pealed. Official Code) is amended by striking ‘‘Reg- ‘‘(c) Any licensed dealer may sell or other- istration requirements’’ and inserting ‘‘Fire- wise transfer a firearm to any person or or- SEC. l12. SEVERABILITY. arm Possession’’. ganization not otherwise prohibited from Notwithstanding any other provision of (b) CONFORMING AMENDMENTS TO FIREARMS possessing or receiving such firearm under this Act, if any provision of this Act, or any CONTROL REGULATIONS ACT.—The Firearms Federal or District law.’’; amendment made by this Act, or the applica- Control Regulations Act of 1975 is amended (C) in subsection (d), by striking para- tion of such provision or amendment to any as follows: graphs (2) and (3); and person or circumstance is held to be uncon- (1) Sections 202 through 211 (secs. 7–2502.02 (D) by striking subsection (e). stitutional, this title and amendments made through 7–2502.11, D.C. Official Code) are re- (10) Section 704 (sec. 7–2507.04, D.C. Official by this title, and the application of such pro- pealed. Code) is amended— vision or amendment to other persons or cir- (2) Section 101 (sec. 7–2501.01, D.C. Official (A) in subsection (a), by striking ‘‘any reg- cumstances shall not be affected thereby. Code) is amended by striking paragraph (13). istration certificate or’’ and inserting ‘‘a’’; (3) Section 401 (sec. 7–2504.01, D.C. Official and SA 576. Mr. COBURN (for himself and Code) is amended— (B) in subsection (b), by striking ‘‘registra- Mr. INHOFE) proposed an amendment to (A) in subsection (a), by striking ‘‘the Dis- tion certificate,’’. amendment SA 575 proposed by Mr. EN- trict;’’ and all that follows and inserting the (c) OTHER CONFORMING AMENDMENTS.—Sec- following: ‘‘the District, except that a person SIGN (for himself, Mr. VITTER, Mr. tion 2(4) of the Illegal Firearm Sale and Dis- COBURN, Mr. DEMINT, Mr. BURR, Mr. may engage in hand loading, reloading, or tribution Strict Liability Act of 1992 (sec. 7– WICKER, Mr. THUNE, Mr. GRASSLEY, Mr. custom loading of ammunition for firearms 2531.01(4), D.C. Official Code) is amended— RISCH, Mr. INHOFE, Mr. BENNETT, Mr. lawfully possessed under this Act.’’; and (1) in subparagraph (A), by striking ‘‘or ig- (B) in subsection (b), by striking ‘‘which noring proof of the purchaser’s residence in ENZI, Mr. CHAMBLISS, Mr. ISAKSON, Mr. are unregisterable under section 202’’ and in- the District of Columbia’’; and CRAPO, Mr. CORNYN, Mr. BROWNBACK, serting ‘‘which are prohibited under section (2) in subparagraph (B), by striking ‘‘reg- Mr. CORKER, Mr. MARTINEZ, Ms. MUR- 201’’. istration and’’. KOWSKI, Mr. GRAHAM, and Mr. ROBERTS) (4) Section 402 (sec. 7–2504.02, D.C. Official SEC. l06. REPEAL HANDGUN AMMUNITION BAN. Code) is amended— to the bill s. 160, to provide the District Section 601(3) of the Firearms Control Reg- (A) in subsection (a), by striking ‘‘Any per- of Columbia a voting seat and the ulations Act of 1975 (sec. 7–2506.01(3), D.C. Of- son eligible to register a firearm’’ and all State of Utah an additional seat in the ficial Code) is amended by striking ‘‘is the that follows through ‘‘such business,’’ and House of Representatives; as follows: holder of the valid registration certificate inserting the following: ‘‘Any person not for’’ and inserting ‘‘owns’’. Strike all after the first word and insert otherwise prohibited from possessing or re- the following: ceiving a firearm under Federal or District SEC. l07. RESTORE RIGHT OF SELF DEFENSE IN THE HOME. SECOND AMENDMENT ENFORCEMENT law, or from being licensed under section 923 Section 702 of the Firearms Control Regu- ACT of title 18, United States Code,’’; and lations Act of 1975 (sec. 7–2507.02, D.C. Offi- SEC. l01. SHORT TITLE. (B) in subsection (b), by amending para- cial Code) is repealed. graph (1) to read as follows: This title may be cited as the ‘‘Second SEC. l08. REMOVE CRIMINAL PENALTIES FOR Amendment Enforcement Act’’. ‘‘(1) The applicant’s name;’’. POSSESSION OF UNREGISTERED (5) Section 403(b) (sec. 7–2504.03(b), D.C. Of- FIREARMS. SEC. l02. CONGRESSIONAL FINDINGS. ficial Code) is amended by striking ‘‘reg- (a) IN GENERAL.—Section 706 of the Fire- Congress finds the following: istration certificate’’ and inserting ‘‘dealer’s arms Control Regulations Act of 1975 (sec. 7– (1) The Second Amendment to the United license’’. 2507.06, D.C. Official Code) is amended— States Constitution provides that the right (6) Section 404(a)(3) (sec. 7–2504.04(a)(3)), (1) by striking ‘‘that:’’ and all that follows of the people to keep and bear arms shall not D.C. Official Code) is amended— through ‘‘(1) A’’ and inserting ‘‘that a’’; and be infringed. (A) in subparagraph (B)(i), by striking (2) by striking paragraph (2). (2) As the Congress and the Supreme Court ‘‘registration certificate number (if any) of (b) EFFECTIVE DATE.—The amendments of the United States have recognized, the the firearm,’’; made by subsection (a) shall apply with re- Second Amendment to the United States (B) in subparagraph (B)(iv), by striking spect to violations occurring after the 60-day Constitution protects the rights of individ- ‘‘holding the registration certificate’’ and in- period which begins on the date of the enact- uals, including those who are not members of serting ‘‘from whom it was received for re- ment of this Act. a militia or engaged in military service or pair’’; SEC. l09. REMOVE CRIMINAL PENALTIES FOR training, to keep and bear arms. (C) in subparagraph (C)(i), by striking ‘‘and CARRYING A FIREARM IN ONE’S (3) The law-abiding citizens of the District registration certificate number (if any) of DWELLING OR OTHER PREMISES. of Columbia are deprived by local laws of the firearm’’; (a) IN GENERAL.—Section 4(a) of the Act of handguns, rifles, and shotguns that are com- (D) in subparagraph (C)(ii), by striking July 8, 1932 (47 Stat. 651; sec. 22–4504(a), D.C. monly kept by law-abiding persons through- ‘‘registration certificate number or’’; and Official Code) is amended— out the United States for sporting use and

VerDate Nov 24 2008 02:09 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.077 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2492 CONGRESSIONAL RECORD — SENATE February 25, 2009 for lawful defense of their persons, homes, 101(10) of the Firearms Control Regulations peaceably surrender to the Chief all destruc- businesses, and families. Act of 1975.’’. tive devices in his inventory in the manner (4) The District of Columbia has the high- SEC. l05. REPEAL REGISTRATION REQUIRE- provided in section 705; and est per capita murder rate in the Nation, MENT. ‘‘(2) lawfully dispose, to himself or to an- which may be attributed in part to local (a) REPEAL OF REQUIREMENT.— other, any firearms and ammunition in his laws prohibiting possession of firearms by (1) IN GENERAL.—Section 201(a) of the Fire- inventory.’’. law-abiding persons who would otherwise be arms Control Regulations Act of 1975 (sec. 7– (8) Section 407(b) (sec. 7–2504.07(b), D.C. Of- able to defend themselves and their loved 2502.01(a), D.C. Official Code) is amended by ficial Code) is amended by striking ‘‘would ones in their own homes and businesses. striking ‘‘any firearm, unless’’ and all that not be eligible’’ and all that follows and in- (5) The Federal Gun Control Act of 1968, as follows through paragraph (3) and inserting serting ‘‘is prohibited from possessing or re- amended by the Firearms Owners’ Protec- the following: ‘‘any firearm described in sub- ceiving a firearm under Federal or District tion Act of 1986, and the Brady Handgun Vio- section (c).’’. law.’’. lence Prevention Act of 1993, provide com- (2) DESCRIPTION OF FIREARMS REMAINING IL- (9) Section 502 (sec. 7–2505.02, D.C. Official prehensive Federal regulations applicable in LEGAL.—Section 201 of such Act (sec. 7– Code) is amended— the District of Columbia as elsewhere. In ad- 2502.01, D.C. Official Code) is amended by (A) by amending subsection (a) to read as dition, existing District of Columbia crimi- adding at the end the following new sub- follows: nal laws punish possession and illegal use of section: ‘‘(a) Any person or organization not pro- firearms by violent criminals and felons. ‘‘(c) A firearm described in this subsection hibited from possessing or receiving a fire- Consequently, there is no need for local laws is any of the following: arm under Federal or District law may sell which only affect and disarm law-abiding ‘‘(1) A sawed-off shotgun. or otherwise transfer ammunition or any citizens. ‘‘(2) A machine gun. firearm, except those which are prohibited (6) Officials of the District of Columbia ‘‘(3) A short-barreled rifle.’’. under section 201, to a licensed dealer.’’; have indicated their intention to continue to (3) CONFORMING AMENDMENT.—The heading (B) by amending subsection (c) to read as unduly restrict lawful firearm possession and of section 201 of such Act (sec. 7—2502.01, D.C. follows: use by citizens of the District. Official Code) is amended by striking ‘‘Reg- ‘‘(c) Any licensed dealer may sell or other- (7) Legislation is required to correct the istration requirements’’ and inserting ‘‘Fire- wise transfer a firearm to any person or or- District of Columbia’s law in order to restore arm Possession’’. ganization not otherwise prohibited from (b) CONFORMING AMENDMENTS TO FIREARMS the fundamental rights of its citizens under possessing or receiving such firearm under CONTROL REGULATIONS ACT.—The Firearms the Second Amendment to the United States Federal or District law.’’; Control Regulations Act of 1975 is amended (C) in subsection (d), by striking para- Constitution and thereby enhance public as follows: safety. graphs (2) and (3); and (1) Sections 202 through 211 (secs. 7–2502.02 (D) by striking subsection (e). SEC. l03. REFORM D.C. COUNCIL’S AUTHORITY through 7–2502.11, D.C. Official Code) are re- TO RESTRICT FIREARMS. (10) Section 704 (sec. 7–2507.04, D.C. Official pealed. Code) is amended— Section 4 of the Act entitled ‘‘An Act to (2) Section 101 (sec. 7–2501.01, D.C. Official prohibit the killing of wild birds and wild (A) in subsection (a), by striking ‘‘any reg- Code) is amended by striking paragraph (13). istration certificate or’’ and inserting ‘‘a’’; animals in the District of Columbia’’, ap- (3) Section 401 (sec. 7–2504.01, D.C. Official proved June 30, 1906 (34 Stat. 809; sec. 1– and Code) is amended— (B) in subsection (b), by striking ‘‘registra- 303.43, D.C. Official Code) is amended by add- (A) in subsection (a), by striking ‘‘the Dis- ing at the end the following: ‘‘Nothing in tion certificate,’’. trict;’’ and all that follows and inserting the (c) OTHER CONFORMING AMENDMENTS.—Sec- this section or any other provision of law following: ‘‘the District, except that a person shall authorize, or shall be construed to per- tion 2(4) of the Illegal Firearm Sale and Dis- may engage in hand loading, reloading, or tribution Strict Liability Act of 1992 (sec. 7– mit, the Council, the Mayor, or any govern- custom loading of ammunition for firearms mental or regulatory authority of the Dis- 2531.01(4), D.C. Official Code) is amended— lawfully possessed under this Act.’’; and (1) in subparagraph (A), by striking ‘‘or ig- trict of Columbia to prohibit, constructively (B) in subsection (b), by striking ‘‘which prohibit, or unduly burden the ability of per- noring proof of the purchaser’s residence in are unregisterable under section 202’’ and in- the District of Columbia’’; and sons not prohibited from possessing firearms serting ‘‘which are prohibited under section under Federal law from acquiring, possessing (2) in subparagraph (B), by striking ‘‘reg- 201’’. istration and’’. in their homes or businesses, or using for (4) Section 402 (sec. 7–2504.02, D.C. Official sporting, self-protection or other lawful pur- SEC. l06. REPEAL HANDGUN AMMUNITION BAN. Code) is amended— Section 601(3) of the Firearms Control Reg- poses, any firearm neither prohibited by Fed- (A) in subsection (a), by striking ‘‘Any per- eral law nor subject to the National Fire- ulations Act of 1975 (sec. 7–2506.01(3), D.C. Of- son eligible to register a firearm’’ and all ficial Code) is amended by striking ‘‘is the arms Act. The District of Columbia shall not that follows through ‘‘such business,’’ and have authority to enact laws or regulations holder of the valid registration certificate inserting the following: ‘‘Any person not for’’ and inserting ‘‘owns’’. that discourage or eliminate the private otherwise prohibited from possessing or re- ownership or use of firearms. Nothing in the SEC. l07. RESTORE RIGHT OF SELF DEFENSE IN ceiving a firearm under Federal or District THE HOME. previous two sentences shall be construed to law, or from being licensed under section 923 prohibit the District of Columbia from regu- Section 702 of the Firearms Control Regu- of title 18, United States Code,’’; and lations Act of 1975 (sec. 7–2507.02, D.C. Offi- lating or prohibiting the carrying of firearms (B) in subsection (b), by amending para- by a person, either concealed or openly, cial Code) is repealed. graph (1) to read as follows: SEC. l08. REMOVE CRIMINAL PENALTIES FOR other than at the person’s dwelling place, ‘‘(1) The applicant’s name;’’. place of business, or on other land possessed POSSESSION OF UNREGISTERED (5) Section 403(b) (sec. 7–2504.03(b), D.C. Of- FIREARMS. by the person.’’. ficial Code) is amended by striking ‘‘reg- (a) IN GENERAL.—Section 706 of the Fire- SEC. l04. REPEAL D.C. SEMIAUTOMATIC BAN. istration certificate’’ and inserting ‘‘dealer’s arms Control Regulations Act of 1975 (sec. 7– (a) IN GENERAL.—Section 101(10) of the license’’. 2507.06, D.C. Official Code) is amended— Firearms Control Regulations Act of 1975 (6) Section 404(a)(3) (sec. 7–2504.04(a)(3)), (1) by striking ‘‘that:’’ and all that follows (sec. 7–2501.01(10), D.C. Official Code) is D.C. Official Code) is amended— through ‘‘(1) A’’ and inserting ‘‘that a’’; and amended to read as follows: (A) in subparagraph (B)(i), by striking (2) by striking paragraph (2). ‘‘(10) ‘Machine gun’ means any firearm ‘‘registration certificate number (if any) of (b) EFFECTIVE DATE.—The amendments which shoots, is designed to shoot, or may be the firearm,’’; made by subsection (a) shall apply with re- readily restored to shoot automatically, (B) in subparagraph (B)(iv), by striking spect to violations occurring after the 60-day more than 1 shot without manual reloading ‘‘holding the registration certificate’’ and in- period which begins on the date of the enact- by a single function of the trigger, and in- serting ‘‘from whom it was received for re- ment of this Act. cludes the frame or receiver of any such pair’’; SEC. l09. REMOVE CRIMINAL PENALTIES FOR weapon, any part designed and intended sole- (C) in subparagraph (C)(i), by striking ‘‘and CARRYING A FIREARM IN ONE’S ly and exclusively, or combination of parts registration certificate number (if any) of DWELLING OR OTHER PREMISES. designed and intended, for use in converting the firearm’’; (a) IN GENERAL.—Section 4(a) of the Act of a weapon into a machine gun, and any com- (D) in subparagraph (C)(ii), by striking July 8, 1932 (47 Stat. 651; sec. 22–4504(a), D.C. bination of parts from which a machine gun ‘‘registration certificate number or’’; and Official Code) is amended— can be assembled if such parts are in the pos- (E) by striking subparagraphs (D) and (E). (1) in the matter before paragraph (1), by session or under the control of a person.’’. (7) Section 406(c) (sec. 7–2504.06(c), D.C. Of- striking ‘‘a pistol,’’ and inserting the fol- (b) CONFORMING AMENDMENT TO PROVISIONS ficial Code) is amended to read as follows: lowing: ‘‘except in his dwelling house or SETTING FORTH CRIMINAL PENALTIES.—Sec- ‘‘(c) Within 45 days of a decision becoming place of business or on other land possessed tion 1(c) of the Act of July 8, 1932 (47 Stat. effective which is unfavorable to a licensee by that person, whether loaded or unloaded, 651; sec. 22–4501(c), D.C. Official Code) is or to an applicant for a dealer’s license, the a firearm,’’; and amended to read as follows: licensee or application shall— (2) by striking ‘‘except that:’’ and all that ‘‘(c) ‘Machine gun’, as used in this Act, has ‘‘(1) lawfully remove from the District all follows through ‘‘(2) If the violation’’ and in- the meaning given such term in section destructive devices in his inventory, or serting ‘‘except that if the violation’’.

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(b) CONFORMING AMENDMENT.—Section 5 of ‘‘(2) income effectively connected with the (2) CLERICAL AMENDMENT.—The table of such Act (47 Stat. 651; sec. 22–4505, D.C. Offi- conduct of a trade or business by such indi- sections for chapter 44 of title 18 is amended cial Code) is amended— vidual within the District of Columbia. by inserting after the item relating to sec- (1) by striking ‘‘pistol’’ each place it ap- ‘‘(b) DEDUCTIONS, ETC. ALLOCABLE TO EX- tion 926C the following: pears and inserting ‘‘firearm’’; and CLUDED AMOUNTS NOT ALLOWABLE.—An indi- ‘‘926D. Reciprocity for the carrying of cer- (2) by striking ‘‘pistols’’ each place it ap- vidual shall not be allowed— tain concealed firearms.’’. ‘‘(1) as a deduction from gross income any pears and inserting ‘‘firearms’’. (c) SEVERABILITY.—If any other provision SEC. l10. AUTHORIZING PURCHASES OF FIRE- deductions (other than the deduction under of this Act, another amendment made by ARMS BY DISTRICT RESIDENTS. section 151, relating to personal exemptions); this Act, or the application of such provision Section 922 of title 18, United States Code, or or amendment to any person or cir- is amended in paragraph (b)(3) by inserting ‘‘(2) any credit, properly allocable or cumstance is held to be unconstitutional, after ‘‘other than a State in which the li- chargeable against amounts excluded from this section and the application of the provi- censee’s place of business is located’’ the fol- gross income under this section. sions of such to any person or circumstance lowing: ‘‘, or to the sale or delivery of a ‘‘(c) BONA FIDE RESIDENT AND OTHER APPLI- shall not be affected thereby. handgun to a resident of the District of Co- CABLE RULES.—For purposes of this section, (d) EFFECTIVE DATE.—The amendments lumbia by a licensee whose place of business rules similar to the rules of section 876, 937, made by this section shall take effect 90 days is located in Maryland or Virginia,’’. 957(c), 3401(a)(8)(D), and 7654 shall apply.’’. after the date of enactment of this Act. (b) CLERICAL AMENDMENT.—The table of SEC. l11. REPEALS OF DISTRICT OF COLUMBIA ACTS. sections for subpart D of part III of sub- SA 580. Mr. COBURN submitted an The Firearms Registration Amendment chapter N of chapter 1 of such Code is amendment intended to be proposed by Act of 2008 and the Firearms Registration amended by adding at the end the following him to the bill S. 160, to provide the Emergency Amendment Act of 2008, as new item: District of Columbia a voting seat and passed by the District of Columbia, are re- ‘‘Sec. 938. Income from sources within the the State of Utah an additional seat in pealed. District of Columbia.’’. the House of Representatives; which SEC. l12. SEVERABILITY. (c) EFFECTIVE DATE.—The amendments was ordered to lie on the table; as fol- Notwithstanding any other provision of made by this section shall apply to taxable lows: this Act, if any provision of this Act, or any years ending after the date of the enactment Strike all after the enacting clause and in- amendment made by this Act, or the applica- of this Act. sert the following: tion of such provision or amendment to any SA 579. Mr. THUNE (for himself, Mr. SECTION 1. NO FEDERAL INCOME TAXES FOR person or circumstance is held to be uncon- RESIDENTS OF THE DISTRICT OF CO- VITTER, Mr. GRASSLEY, Mr. WICKER, stitutional, this title and amendments made LUMBIA. by this title, and the application of such pro- Mr. COBURN, Mr. DEMINT, Mr. INHOFE, (a) IN GENERAL.—Subpart D of part III of vision or amendment to other persons or cir- Mr. BENNETT, Mr. ENZI, Mr. RISCH, Mr. subchapter N of chapter 1 of the Internal cumstances shall not be affected thereby. CRAPO, and Mr. WEBB) proposed an Revenue Code of 1986 is amended by adding SEC. 13. EFFECTIVE DATE. amendment to the bill S. 160, to pro- at the end the following new section: This Act shall take effect 1 day after the vide the District of Columbia a voting ‘‘SEC. 938. INCOME FROM SOURCES WITHIN THE date of enactment of this Act. seat and the State of Utah an addi- DISTRICT OF COLUMBIA. ‘‘(a) GENERAL RULE.—In the case of an indi- SA 577. Mr. COBURN submitted an tional seat in the House of Representa- vidual who is a bona fide resident of the Dis- amendment intended to be proposed by tives; as follows: trict of Columbia (other than a Member of him to the bill S. 160, to provide the At the appropriate place, insert the fol- Congress) during the entire taxable year, District of Columbia a voting seat and lowing: gross income shall not include— SEC. lll. RESPECTING STATES RIGHTS AND ‘‘(1) income derived from sources within the State of Utah an additional seat in CONCEALED CARRY RECIPROCITY the District of Columbia; and the House of Representatives; which ACT OF 2009. ‘‘(2) income effectively connected with the was ordered to lie on the table; as fol- (a) SHORT TITLE.—This section may be conduct of a trade or business by such indi- lows: cited as the ‘‘Respecting States Rights and vidual within the District of Columbia. Strike all after the enacting clause and in- Concealed Carry Reciprocity Act of 2009’’. ‘‘(b) DEDUCTIONS, ETC. ALLOCABLE TO EX- (b) RECIPROCITY FOR THE CARRYING OF CER- sert the following: CLUDED AMOUNTS NOT ALLOWABLE.—An indi- TAIN CONCEALED FIREARMS.— vidual shall not be allowed— SECTION 1. ELIMINATION OF FEDERAL INCOME (1) IN GENERAL.—Chapter 44 of title 18, TAX FOR RESIDENTS OF THE DIS- ‘‘(1) as a deduction from gross income any TRICT OF COLUMBIA. United States Code, is amended by inserting deductions (other than the deduction under Due to the unique status of the District of after section 926C the following: section 151, relating to personal exemptions); Columbia, created by the Constitution of the ‘‘§ 926D. Reciprocity for the carrying of cer- or United States, bona fide residents of the Dis- tain concealed firearms ‘‘(2) any credit, properly allocable or trict shall, notwithstanding any other provi- ‘‘Notwithstanding any provision of the law chargeable against amounts excluded from sion of law, be exempt from the individual of any State or the District of Columbia or gross income under this section. Federal income tax for taxable years begin- political subdivision thereof— ‘‘(c) BONA FIDE RESIDENT AND OTHER APPLI- ning after the date of the enactment of this ‘‘(1) a person who is not prohibited by Fed- CABLE RULES.—For purposes of this section, Act. eral law from possessing, transporting, ship- rules similar to the rules of sections 876, 937, ping, or receiving a firearm, and is carrying 957(c), 3401(a)(8)(D), and 7654 shall apply.’’. (b) CLERICAL AMENDMENT.—The table of SA 578. Mr. COBURN submitted an a valid license or permit which is issued pur- sections for subpart D of part III of sub- suant to the law of any State or the District amendment intended to be proposed by chapter N of chapter 1 of such Code is of Columbia and which permits the person to him to the bill S. 160, to provide the amended by adding at the end the following District of Columbia a voting seat and carry a concealed firearm, may carry in any new item: the State of Utah an additional seat in State or the District of Columbia a con- cealed firearm in accordance with the terms ‘‘Sec. 938. Income from sources within the the House of Representatives; which of the license or permit, subject to the laws District of Columbia.’’. was ordered to lie on the table; as fol- of the State or the District of Columbia in (c) EFFECTIVE DATE.—The amendments lows: which the firearm is carried concerning spe- made by this section shall apply to taxable Strike all after the enacting clause and in- cific types of locations in which firearms years ending after the date of the enactment sert the following: may not be carried; and of this Act. ‘‘(2) a person who is not prohibited by Fed- SECTION 1. ELIMINATION OF FEDERAL INCOME SA 581. Mr. COBURN submitted an TAX FOR RESIDENTS OF THE DIS- eral law from possessing, transporting, ship- TRICT OF COLUMBIA. ping, or receiving a firearm, and is otherwise amendment intended to be proposed by (a) IN GENERAL.—Subpart D of part III of than as described in paragraph (1) entitled to him to the bill S. 160, to provide the subchapter N of chapter 1 of the Internal carry a concealed firearm in and pursuant to District of Columbia a voting seat and Revenue Code of 1986 is amended by adding the law of the State or the District of Co- the State of Utah an additional seat in at the end the following new section: lumbia in which the person resides, may the House of Representatives; as fol- ‘‘SEC. 938. INCOME FROM SOURCES WITHIN THE carry in any State or the District of Colum- lows: DISTRICT OF COLUMBIA. bia a concealed firearm in accordance with Strike all after the enacting clause and in- ‘‘(a) GENERAL RULE.—In the case of an indi- the laws of the State or the District of Co- sert the following: vidual who is a bona fide resident of the Dis- lumbia in which the person resides, subject SECTION 1. ELIMINATION OF FEDERAL INCOME trict of Columbia during the entire taxable to the laws of the State or the District of Co- TAX FOR RESIDENTS OF THE DIS- year, gross income shall not include— lumbia in which the firearm is carried con- TRICT OF COLUMBIA. ‘‘(1) income derived from sources within cerning specific types of locations in which Due to the unique status of the District of the District of Columbia; and firearms may not be carried.’’. Columbia, created by the Constitution of the

VerDate Nov 24 2008 03:00 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.070 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2494 CONGRESSIONAL RECORD — SENATE February 25, 2009 United States, bona fide residents of the Dis- SA 583. Mrs. FEINSTEIN submitted (2) in paragraph (4), by inserting ‘‘or de- trict (other than Members of Congress) shall, an amendment intended to be proposed nied’’ after ‘‘granted’’. notwithstanding any other provision of law, by her to the bill S. 160, to provide the (b) TECHNICAL AND CONFORMING AMEND- MENT.—Section 867a(a) of title 10, United be exempt from the individual Federal in- District of Columbia a voting seat and come tax for taxable years beginning after States Code, is amended by striking ‘‘The the date of the enactment of this Act. the State of Utah an additional seat in Supreme Court may not review by a writ of the House of Representatives; which certiorari under this section any action of SA 582. Mrs. FEINSTEIN submitted was ordered to lie on the table; as fol- the Court of Appeals for the Armed Forces in an amendment intended to be proposed lows: refusing to grant a petition for review.’’. by her to the bill S. 160, to provide the At the end, add the following: SEC. ll. FOREIGN CONVICTIONS OF DAN- SA 585. Mr. KYL proposed an amend- District of Columbia a voting seat and ment to the bill S. 160, to provide the the State of Utah an additional seat in GEROUS CRIMES. (a) COURTS.—Section 921(a) of title 18, District of Columbia a voting seat and the House of Representatives; which United States Code, is amended by adding at the State of Utah an additional seat in was ordered to lie on the table; as fol- the end the following: the House of Representatives; as fol- lows: ‘‘(36) The term ‘any court’ includes any lows: At the end, add the following: Federal, State, or foreign court.’’. (b) EXCLUSION OF CERTAIN FELONIES.—Sec- Strike all after the enacting clause and in- SEC. ll. COVERAGE OF .50 BMG CALIBER SNIP- tion 921(a)(20) of title 18, United States Code, sert the following: ER RIFLES UNDER THE GUN CON- SECTION 1. RETROCESSION OF DISTRICT OF CO- TROL ACT OF 1968. is amended— (1) in subparagraph (A), by striking ‘‘any LUMBIA TO MARYLAND. (a) IN GENERAL.—Section 921(a)(4)(B) of (a) IN GENERAL.—Upon the issuance of a title 18, United States Code, is amended— Federal or State offenses’’ and inserting ‘‘any Federal, State, or foreign offenses’’; proclamation by the President under section (1) by striking ‘‘any type of weapon’’ and 6 and except as provided in subsection (b), inserting the following: ‘‘any— (2) in subparagraph (B), by striking ‘‘any State offense classified by the laws of the the territory ceded to Congress by the State ‘‘(i) type of weapon’’; and of Maryland to serve as the District consti- (2) by striking ‘‘and’’ at the end and insert- State’’ and inserting ‘‘any State or foreign offense classified by the laws of that juris- tuting the permanent seat of the Govern- ing the following: ‘‘or ment of the United States is ceded and relin- ‘‘(ii) .50 BMG caliber sniper rifle; and’’. diction’’; and (3) in the matter following subparagraph quished to the State of Maryland. (b) DEFINITION OF .50 BMG CALIBER SNIPER (b) CONTINUATION OF FEDERAL CONTROL (B), in the first sentence, by inserting before RIFLE.—Section 921(a) of title 18, United OVER NATIONAL CAPITAL SERVICE AREA.— the period the following: ‘‘, except that a for- States Code, is amended by adding at the end Notwithstanding subsection (a), Congress eign conviction shall not constitute a con- the following: shall continue to exercise exclusive legisla- viction of such a crime if the convicted per- ‘‘(36) The term ‘.50 BMG caliber sniper tive authority and control over the District son establishes that the foreign conviction rifle’ means— of Columbia, which shall consist of the Na- resulted from a denial of fundamental fair- ‘‘(A) a rifle capable of firing a center-fire tional Capital Service Area described in sec- ness that would violate due process if com- cartridge in .50 BMG caliber, including a 12.7 tion 3. mm equivalent of .50 BMG and any other mitted in the United States or from conduct that would be legal if committed in the SEC. 2. EFFECT ON JUDICIAL PROCEEDINGS IN metric equivalent; or DISTRICT OF COLUMBIA. United States’’. ‘‘(B) a copy or duplicate of any rifle de- (a) CONTINUATION OF SUITS.—No writ, ac- (c) DOMESTIC VIOLENCE CRIMES.—Section scribed in subparagraph (A), or any other tion, indictment, cause, or proceeding pend- 921(a)(33) of title 18, United States Code, is rifle developed and manufactured after the amended— ing in any court of the District of Columbia date of enactment of this paragraph, regard- (1) in subparagraph (A), by striking ‘‘sub- on the effective date of this Act shall abate less of caliber, if such rifle is capable of fir- paragraph (C)’’ and inserting ‘‘subparagraph as a result of the enactment of this Act, but ing a projectile that attains a muzzle energy (B)’’; and shall be transferred and shall proceed within of 12,000 foot-pounds or greater in any com- (2) in subparagraph (B)(ii), by striking ‘‘if such appropriate court of the State of Mary- bination of bullet, propellant, case, or prim- the conviction has’’ and inserting the fol- land as established under the laws or con- er.’’. lowing: ‘‘if the conviction— stitution of the State of Maryland. (c) COVERAGE OF .50 BMG CALIBER SNIPER (b) APPEALS.—An order or decision of any ‘‘(I) occurred in a foreign jurisdiction and RIFLES UNDER THE NATIONAL FIREARMS court of the District of Columbia for which the convicted person establishes that the for- ACT.— no appeal has been filed as of the effective eign conviction resulted from a denial of fun- (1) IN GENERAL.—Section 5845(f) of the Na- date of this Act shall be considered an order damental fairness that would violate due tional Firearms Act (26 U.S.C. 5845(f)) is or decision of a court of the State of Mary- process if committed in the United States or amended— land for purposes of appeal from and appel- from conduct that would be legal if com- (A) by striking ‘‘and (3)’’ and inserting ‘‘(3) late review of such order or decision in an mitted in the United States; or any .50 BMG caliber sniper rifle (as that appropriate court of the State of Maryland. ‘‘(II) has’’. SEC. 3. NATIONAL CAPITAL SERVICE AREA. term is defined in section 921 of title 18, (d) PENALTIES.—Section 924(e)(2)(A)(ii) of United States Code); and (4)’’; and title 18, United States Code, is amended— (a) DESCRIPTION.—The National Capital (B) by striking ‘‘(1) and (2)’’ and inserting (1) by striking ‘‘an offense under State Service Area referred to in section 1(b) is ‘‘(1), (2), or (3)’’. law’’ and inserting ‘‘an offense under State comprised of the principal Federal monu- (2) MODIFICATION TO DEFINITION OF RIFLE.— or foreign law’’; and ments, the White House, the Capitol Build- Section 5845(c) of the National Firearms Act (2) by inserting before the semicolon the ing, the United States Supreme Court Build- (26 U.S.C. 5845(c)) is amended by inserting following: ‘‘, except that a foreign conviction ing, and the Federal executive, legislative, ‘‘or from a bipod or other support’’ after shall not constitute a conviction of such a and judicial office buildings located adjacent ‘‘shoulder’’. crime if the convicted person establishes to the Mall and the Capitol Building (but (d) IMPLEMENTATION.—Not later than 30 that the foreign conviction resulted from a shall not include the District Building), and days after the date of enactment of this Act, denial of fundamental fairness that would is more particularly described as the terri- the Attorney General shall implement regu- violate due process if committed in the tory located within the following boundaries: lations providing for notice and registration United States or from conduct that would be Beginning at the point on the present Vir- of .50 BMG caliber sniper rifles as destructive legal if committed in the United States’’. ginia-District of Columbia boundary due devices (as those terms are defined in section west of the northernmost point of Theodore 921 of title 18, United States Code, as amend- SA 584. Mrs. FEINSTEIN submitted Roosevelt Island and running due east of the ed by this section) under this section and the an amendment intended to be proposed eastern shore of the Potomac River; amendments made by this section, including by her to the bill S. 160, to provide the thence generally south along the shore at the use of a notice and registration process the mean high water mark to the northwest similar to that used when the USAS–12, District of Columbia a voting seat and corner of the Kennedy Center; Striker 12, and Streetsweeper shotguns were the State of Utah an additional seat in thence east along the north side of the reclassified as destructive devices and reg- the House of Representatives; which Kennedy Center to a point where it reaches istered between 1994 and 2001 (ATF Ruling 94– was ordered to lie on the table; as fol- the E Street Expressway; 1 (ATF Q.B. 1994–1, 22); ATF Ruling 94–2 (ATF lows: thence east on the expressway to E Street Q.B. 1994–1, 24); and ATF Ruling 2001–1 (66 At the end, add the following: Northwest and thence east on E Street Fed. Reg. 9748)). The Attorney General shall SEC. ll. CERTIORARI TO THE UNITED STATES Northwest to Nineteenth Street Northwest; ensure that under the regulations issued COURT OF APPEALS FOR THE thence north on Nineteenth Street North- under this subsection, the time period for ARMED FORCES. west to F Street Northwest; the registration of any previously unregis- (a) IN GENERAL.—Section 1259 of title 28, thence east on F Street Northwest to tered .50 BMG caliber sniper rifle shall end United States Code, is amended— Eighteenth Street Northwest; not later than 7 years after the date of enact- (1) in paragraph (3), by inserting ‘‘or de- thence south on Eighteenth Street North- ment of this Act. nied’’ after ‘‘granted’’; and west to Constitution Avenue Northwest;

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thence east on Constitution Avenue to thence north on Third Street Southwest to (1) IN GENERAL.—Until the taking effect of Seventeenth Street Northwest; C Street Southwest; the first reapportionment occurring after the thence north on Seventeenth Street North- thence west on C Street Southwest to effective date of this Act— west to H Street Northwest; Sixth Street Southwest; (A) the individual serving as the Delegate thence east on H Street Northwest to thence south on Sixth Street Southwest to to the House of Representatives from the Madison Place Northwest; E Street Southwest; District of Columbia shall serve as a member thence south on Madison Place Northwest thence west on E Street Southwest to Sev- of the House of Representatives from the to Pennsylvania Avenue Northwest; enth Street Southwest; State of Maryland; thence east on Pennsylvania Avenue thence north on Seventh Street Southwest (B) the State of Maryland shall be entitled Northwest to Fifteenth Street Northwest; to Maryland Avenue Southwest; to 1 additional Representative until the tak- thence south on Fifteenth Street North- thence west on Maryland Avenue South- ing effect of such reapportionment; and west to Pennsylvania Avenue Northwest; west to Ninth Street Southwest; (C) such Representative shall be in addi- thence southeast on Pennsylvania Avenue thence north on Ninth Street Southwest to tion to the membership of the House of Rep- Northwest to Tenth Street Northwest; Independence Avenue Southwest; resentatives as now prescribed by law. thence north on Tenth Street Northwest to thence west on Independence Avenue (2) INCREASE NOT COUNTED AGAINST TOTAL E Street Northwest; Southwest to Twelfth Street Southwest; NUMBER OF MEMBERS.—The temporary in- thence east on E Street Northwest to thence south on Twelfth Street Southwest crease in the membership of the House of Ninth Street Northwest; to D Street Southwest; Representatives provided under paragraph (1) thence south on Ninth Street Northwest to thence west on D Street Southwest to shall not operate to either increase or de- Pennsylvania Avenue Northwest; Fourteenth Street Southwest; crease the permanent membership of the thence southeast on Pennsylvania Avenue thence south on Fourteenth Street South- House of Representatives as prescribed in the Northwest to John Marshall Place North- west to the middle of the Washington Chan- Act of August 8, 1911 (37 Stat. 13; 2 U.S.C. 2), west; nel; nor shall such temporary increase affect the thence north on John Marshall Place thence generally south and east along the basis of reapportionment established by the Northwest to C Street Northwest; midchannel of the Washington Channel to a Act of November 15, 1941 (55 Stat. 761; 2 thence east on C Street Northwest to Third point due west of the northern boundary line U.S.C. 2a), for the 82nd Congress and each Street Northwest; of Fort Lesley McNair; Congress thereafter. thence north on Third Street Northwest to thence due east to the side of the Wash- (b) REPEAL OF LAWS PROVIDING FOR DELE- D Street Northwest; ington Channel; GATE FROM THE DISTRICT OF COLUMBIA.—Sec- thence east on D Street Northwest to Sec- thence following generally south and east tions 202 and 204 of the District of Columbia ond Street Northwest; along the side of the Washington Channel at Delegate Act (Public Law 91–405; sections 1– thence south on Second Street Northwest the mean high water mark, to the point of 401 and 1–402, D.C. Official Code) are re- to the intersection of Constitution Avenue confluence with the Anacostia River, and pealed, and the provisions of law amended or Northwest and Louisiana Avenue Northwest; along the northern shore at the mean high repealed by such sections are restored or re- vived as if such sections had not been en- thence northeast on Louisiana Avenue water mark to the northernmost point of the acted. Northwest to North Capitol Street; Eleventh Street Bridge; thence north on North Capitol Street to thence generally south and west along SEC. 5. EFFECT ON OTHER LAWS. Massachusetts Avenue Northwest; such shore at the mean high water mark to No law or regulation which is in force on thence southeast on Massachusetts Avenue the point of confluence of the Anacostia and the effective date of this Act shall be deemed Northwest so as to encompass Union Square; Potomac Rivers; amended or repealed by this Act except to the extent specifically provided in this Act, thence following Union Square to F Street thence generally south and east along the or to the extent that such law or regulation Northeast; northern side of the Eleventh Street Bridge is inconsistent with this Act. thence east on F Street Northeast to Sec- to the eastern shore of the Anacostia River; ond Street Northeast; thence generally south along the eastern SEC. 6. PROCLAMATION REGARDING ACCEPT- ANCE OF RETROCESSION BY MARY- thence south on Second Street Northeast shore at the mean high water mark of the Potomac River to the point where it meets LAND. to D Street Northeast; Not later than 30 days after the State of thence west on D Street Northeast to First the present southeastern boundary line of the District of Columbia; Maryland enacts legislation accepting the Street Northeast; retrocession described in section 1(a), the thence south and west along such south- thence south on First Street Northeast to President shall issue a proclamation an- eastern boundary line to the point where it C Street Northeast; nouncing such acceptance and declaring that meets the present Virginia-District of Co- thence east on C Street Northeast to Third the territory ceded to Congress by the State lumbia boundary; Street Northeast; of Maryland to serve as the District consti- thence generally north and west up the Po- thence south on Third Street Northeast to tuting the permanent seat of the Govern- tomac River along the Virginia-District of Maryland Avenue Northeast; ment of the United States has been ceded Columbia boundary to the point of begin- thence south and west on Maryland Avenue back to the State of Maryland. ning. Northeast to Constitution Avenue North- SEC. 7. EFFECTIVE DATE. (b) STREETS AND SIDEWALKS.—The National east; The provisions of this Act and the amend- Capital Service Area shall include any street thence west on Constitution Avenue ments made by this Act shall take effect on (and sidewalk thereof) that bounds such Northeast to First Street Northeast; the date the President issues a proclamation Area. thence south on First Street Northeast to under section 6 or the date of the ratification (c) AFFRONTING OR ABUTTING FEDERAL Maryland Avenue Northeast; of an amendment to the Constitution of the REAL PROPERTY.— thence generally north and east on Mary- United States repealing the twenty-third ar- (1) IN GENERAL.—The National Capital land Avenue to Second Street Northeast; ticle of amendment to the Constitution, Service Area shall include any Federal real thence south on Second Street Northeast whichever comes later. to East Capitol Street; property affronting or abutting such Area as thence east on East Capitol Street to Third of the effective date of this Act. SA 586. Mr. DURBIN submitted an Street Northeast; (2) PROPERTY INCLUDED.—For purposes of amendment intended to be proposed by paragraph (1), Federal real property affront- thence south on Third Street Northeast to him to the bill S. 160, to provide the Independence Avenue Southeast; ing or abutting the National Capital Service thence west on Independence Avenue Area shall— District of Columbia a voting seat and Southeast to Second Street Southeast; (A) include the Department of Housing and the State of Utah an additional seat in thence south on Second Street Southeast Urban Development Building, the Depart- the House of Representatives; which to C Street Southeast; ment of Energy Building, Fort Lesley was ordered to lie on the table; as fol- thence west on C Street Southeast to New McNair, the Washington Navy Yard, the lows: Jersey Avenue Southeast; Anacostia Naval Annex, the United States At the end, add the following: Naval Station, Bolling Air Force Base, and thence south on New Jersey Avenue South- SEC. ll. BAN ON FIREARM FOR PERSON CON- east to D Street Southeast; the Naval Research Laboratory; and VICTED OF A MISDEMEANOR SEX OF- thence west on D Street Southeast to (B) not include any portion of Rock Creek FENSE AGAINST A MINOR. Washington Avenue Southwest; Park, any portion of Anacostia Park east of (a) DISPOSITION OF FIREARM.—Section thence north and west on Washington Ave- the northern side of the Eleventh Street 922(d) of title 18, United States Code, is nue Southwest to the intersection of Inde- Bridge, or any territory not located in the amended— pendence Avenue Southwest and Second District of Columbia on the day before the (1) in paragraph (8), by striking ‘‘or’’ at the Street Southwest; date of the enactment of this Act. end; thence south on Second Street Southwest SEC. 4. TRANSITION PROVISIONS RELATING TO (2) in paragraph (9), by striking the period to Virginia Avenue Southwest; HOUSE OF REPRESENTATIVES. at the end and inserting ‘‘; or’’; and thence generally west on Virginia Avenue (a) TEMPORARY INCREASE IN APPORTION- (3) by inserting after paragraph (9) the fol- to Third Street Southwest; MENT.— lowing:

VerDate Nov 24 2008 02:09 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.084 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2496 CONGRESSIONAL RECORD — SENATE February 25, 2009 ‘‘(10) has been convicted in any court of a provide for voters to choose only 1 of the fol- ‘‘(1) determines that the transferee is misdemeanor sex offense against a minor.’’. lowing options: known (or appropriately suspected) to be or (b) POSSESSION OF FIREARM.—Section 922(g) (1) ‘‘The Commonwealth of Puerto Rico have been engaged in conduct constituting, of title 18, United States Code, is amended— should continue to have its present status in preparation for, in aid of, or related to (1) in paragraph (8), by striking ‘‘or’’ at the and relationship with the United States. If terrorism, or providing material support or end; you agree, mark herellll.’’. resources for terrorism; and (2) in paragraph (9), by striking the comma (2) ‘‘The Commonwealth of Puerto Rico ‘‘(2) has a reasonable belief that the pro- at the end and inserting ‘‘; or’’; and should seek independence from the United spective transferee may use a firearm in con- (3) by inserting after paragraph (9) the fol- States. If you agree, mark here nection with terrorism. lowing: llllll.’’. ‘‘§ 922B. Attorney General’s discretion regard- ‘‘(10) has been convicted in any court of a (3) ‘‘The Commonwealth of Puerto Rico ing applicants for firearm permits which misdemeanor sex offense against a minor,’’. should seek nationhood in free association would qualify for the exemption provided (c) MISDEMEANOR SEX OFFENSE AGAINST A with the United States. If you agree, mark under section 922(t)(3) MINOR DEFINED.—Section 921(a) of title 18, here lllllllll.’’ United States Code, is amended by adding at (4) ‘‘The Commonwealth of Puerto Rico ‘‘The Attorney General may determine the end the following: should seek admission as a State of the that— ‘‘(36) The term ‘misdemeanor sex offense United States. If you agree, mark here ‘‘(1) an applicant for a firearm permit against a minor’ means a sex offense against lllllllll.’’ which would qualify for an exemption under section 922(t) is known (or appropriately sus- a minor punishable by imprisonment for not (b) RULES AND REGULATIONS.—The Commis- more than 1 year. sion shall issue any rules and regulations pected) to be or have been engaged in con- ‘‘(37) The term ‘sex offense’ means a crimi- necessary to conduct the plebiscite under duct constituting, in preparation for, in aid nal offense that has, as an element, a sexual subsection (a). of, or related to terrorism, or providing ma- terial support or resources for terrorism; and act or sexual contact with another, or an at- (c) CERTIFICATION OF RESULTS.—The Com- tempt or conspiracy to commit such an of- mission shall certify the results of the plebi- ‘‘(2) the Attorney General has a reasonable fense. scite conducted under subsection (a) to the belief that the applicant may use a firearm ‘‘(38) The term ‘minor’ means an individual President and each member of Congress. in connection with terrorism.’’; who has not attained 18 years of age.’’. (d) FEDERAL COURT JURISDICTION.—The (2) in section 921(a), by adding at the end Federal courts of the United States shall the following: SA 587. Mr. ENSIGN (for himself and have jurisdiction over any legal claim or ‘‘(36) The term ‘terrorism’ includes inter- national terrorism and domestic terrorism, Mr. VOINOVICH) submitted an amend- controversy arising from the implementa- tion of this title. as those terms are defined in section 2331 of ment intended to be proposed by him this title. to the bill S. 160, to provide the Dis- SEC. 204. AVAILABILITY OF FUNDS FOR THE SELF-DETERMINATION PROCESS. ‘‘(37) The term ‘material support or re- trict of Columbia a voting seat and the sources’ has the same meaning as in section (a) AVAILABILITY OF AMOUNTS DERIVED State of Utah an additional seat in the 2339A of this title. FROM TAX ON FOREIGN RUM.—During the pe- ‘‘(38) The term ‘responsible person’ means House of Representatives; which was riod beginning on October 1, 2008, and ending an individual who has the power, directly or ordered to lie on the table; as follows: on the date on which the results of the plebi- indirectly, to direct or cause the direction of At the end, add the following: scite have been certified under section 203(c), the management and policies of the appli- the Secretary of the Treasury shall allocate SEC. ll. REAUTHORIZATION OF THE DC cant or licensee pertaining to firearms.’’; and to the Commission, from amounts that SCHOOL CHOICE INCENTIVE ACT OF (3) in the table of sections, by inserting 2003. would otherwise be covered into the treasury after the item relating to section 922 the fol- (a) REAUTHORIZATION.—Section 313 of the of the Commonwealth under section lowing: DC School Choice Incentive Act of 2003 (title 7652(e)(1) of the Internal Revenue Code of III of division C of Public Law 108–199, 118 1986, not more than $5,000,000 to pay the costs ‘‘922A. Attorney General’s discretion to deny Stat. 134) is amended by striking ‘‘fiscal year incurred by the Commission in conducting transfer of a firearm. 2004 and such sums as may be necessary for the plebiscite, as determined by the Presi- ‘‘922B. Attorney General’s discretion regard- each of the 4 succeeding fiscal years’’ and in- dent, in consultation with the Commission. ing applicants for firearm per- serting ‘‘fiscal year 2010’’. (b) USE OF FUNDS FOR EDUCATIONAL AND mits which would qualify for (b) SEVERABILITY.—Notwithstanding sec- OTHER MATERIALS.—In allocating amounts the exemption provided under tion 7, if any provision of this Act (other to the Commission under subsection (a), the section 922(t)(3).’’. than this section), any amendment made by Secretary shall ensure that the content of (b) EFFECT OF ATTORNEY GENERAL DISCRE- this Act (other than by this section), or the any Commission voter education materials TIONARY DENIAL THROUGH THE NATIONAL IN- application of such provision or amendment to be prepared by the Commission using STANT CRIMINAL BACKGROUND CHECK SYSTEM to any person or circumstance is held to be those amounts are not incompatible with the (NICS) ON FIREARMS PERMITS.—Section 922(t) unconstitutional, this section, the amend- Constitution and the laws and policies of the of title 18, United States Code, is amended— ment made by this section, and the applica- United States. (1) in paragraph (1)(B)(ii), by inserting ‘‘or tion of such to any person or circumstance State law, or that the Attorney General has shall not be affected thereby. SA 589. Mr. LAUTENBERG sub- determined to deny the transfer of a firearm mitted an amendment intended to be pursuant to section 922A of this title’’ before SA 588. Mr. MARTINEZ submitted an proposed by him to the bill S. 160, to the semicolon; amendment intended to be proposed by provide the District of Columbia a vot- (2) in paragraph (2), in the matter pre- him to the bill S. 160, to provide the ing seat and the State of Utah an addi- ceding subparagraph (A), by inserting ‘‘, or if District of Columbia a voting seat and tional seat in the House of Representa- the Attorney General has not determined to deny the transfer of a firearm pursuant to the State of Utah an additional seat in tives; which was ordered to lie on the the House of Representatives; which section 922A of this title’’ after ‘‘or State table; as follows: law’’; was ordered to lie on the table; as fol- At the end, add the following: (3) in paragraph (3)— lows: SEC. ll. GRANTING THE ATTORNEY GENERAL (A) in subparagraph (A)— On page 28, after line 18, add the following: THE AUTHORITY TO DENY THE SALE, (i) in clause (i)— TITLE ll—PUERTO RICO DELIVERY, OR TRANSFER OF A FIRE- (I) in subclause (I), by striking ‘‘and’’ at ARM OR THE ISSUANCE OF A FIRE- the end; and SEC. 201. SHORT TITLE. ARMS OR EXPLOSIVES LICENSE OR (II) by adding at the end the following: This title may be cited as the ‘‘Puerto Rico PERMIT TO DANGEROUS TERROR- ‘‘(III) was issued after a check of the sys- Democracy Act of 2009’’. ISTS. tem established pursuant to paragraph (1);’’; (a) STANDARD FOR EXERCISING ATTORNEY SEC. 202. DEFINITIONS. (ii) in clause (ii), by inserting ‘‘and’’ after GENERAL DISCRETION REGARDING TRANSFER- In this title: the semicolon; and RING FIREARMS OR ISSUING FIREARMS PER- (1) COMMISSION.—The term ‘‘Commission’’ (iii) by adding at the end the following: MITS TO DANGEROUS TERRORISTS.—Chapter 44 means the Puerto Rico State Elections Com- ‘‘(iii) the State issuing the permit agrees of title 18, United States Code, is amended— mission. to deny the permit application if such other (1) by inserting after section 922 the fol- (2) COMMONWEALTH.—The term ‘‘Common- person is the subject of a determination by lowing: wealth’’ means the Commonwealth of Puerto the Attorney General pursuant to section Rico. ‘‘§ 922A. Attorney General’s discretion to deny 922B of this title;’’; SEC. 203. PLEBISCITE. transfer of a firearm (4) in paragraph (4), by inserting ‘‘, or if (a) IN GENERAL.—During the 111th Con- ‘‘The Attorney General may deny the the Attorney General has not determined to gress, but not later than December 31, 2010, transfer of a firearm under section deny the transfer of a firearm pursuant to the Commission shall conduct a plebiscite in 922(t)(1)(B)(ii) of this title if the Attorney section 922A of this title’’ after ‘‘or State the Commonwealth, the ballot of which shall General— law’’; and

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United States Code, is amended by inserting ciding whether the Attorney General’s deter- (c) UNLAWFUL SALE OR DISPOSITION OF after the third sentence the following: ‘‘With mination satisfies the requirements of sec- FIREARM BASED UPON ATTORNEY GENERAL respect to any information withheld from tion 922A or 922B.’’. DISCRETIONARY DENIAL.—Section 922(d) of the aggrieved party under paragraph (1), the (2) TECHNICAL AND CONFORMING AMEND- title 18, United States Code, is amended— United States may submit, and the court MENT.—The table of sections for chapter 44 of (1) in paragraph (8), by striking ‘‘or’’ at the may rely upon, summaries or redacted title 18, United States Code, is amended by end; versions of documents containing informa- striking the item relating to section 925A (2) in paragraph (9), by striking the period tion the disclosure of which the Attorney and inserting the following: at the end and inserting ‘‘; or’’; and General has determined would likely com- ‘‘925A. Remedies.’’. (3) by adding at the end the following: promise national security.’’. (k) PROVISION OF GROUNDS UNDERLYING IN- ‘‘(10) has been the subject of a determina- (h) ATTORNEY GENERAL’S ABILITY TO WITH- ELIGIBILITY DETERMINATION BY THE NATIONAL tion by the Attorney General under section HOLD INFORMATION IN RELIEF FROM DISABIL- INSTANT CRIMINAL BACKGROUND CHECK SYS- 922A, 922B, 923(d)(3), or 923(e) of this title.’’. ITIES LAWSUITS.—Section 925(c) of title 18, TEM.—Section 103 of the Brady Handgun Vio- (d) ATTORNEY GENERAL DISCRETIONARY DE- United States Code, is amended by inserting lence Prevention Act (18 U.S.C. 922 note) is NIAL AS PROHIBITOR.—Section 922(g) of title after the third sentence the following: ‘‘If amended— 18, United States Code, is amended— the person is subject to a disability under (1) in paragraph (8), by striking ‘‘or’’ at the section 922(g)(10) of this title, any informa- (1) in subsection (f)— end; tion which the Attorney General relied on (A) by inserting ‘‘or the Attorney General (2) in paragraph (9), by striking the comma for this determination may be withheld from has made a determination regarding an ap- at the end and inserting ‘‘; or’’; and the applicant if the Attorney General deter- plicant for a firearm permit pursuant to sec- (3) by inserting after paragraph (9) the fol- mines that disclosure of the information tion 922B of title 18, United States Code,’’ lowing: would likely compromise national security. after ‘‘is ineligible to receive a firearm’’; and ‘‘(10) who has received actual notice of the In responding to the petition, the United (B) by inserting ‘‘except any information Attorney General’s determination made States may submit, and the court may rely for which the Attorney General has deter- under section 922A, 922B, 923(d)(3), or 923(e) of upon, summaries or redacted versions of doc- mined that disclosure would likely com- this title,’’. uments containing information the disclo- promise national security,’’ after ‘‘reasons to (e) ATTORNEY GENERAL DISCRETIONARY DE- sure of which the Attorney General has de- the individual,’’; and NIAL OF FEDERAL FIREARMS LICENSES.—Sec- termined would likely compromise national (2) in subsection (g)— tion 923(d) of title 18, United States Code, is security.’’. (A) the first sentence— amended— (i) PENALTIES.—Section 924(k) of title 18, (i) by inserting ‘‘or if the Attorney General (1) in paragraph (1), in the matter pre- United States Code, is amended— has made a determination pursuant to sec- ceding subparagraph (A), by striking ‘‘Any’’ (1) in paragraph (2), by striking ‘‘or’’ at the tion 922A or 922B of title 18, United States and inserting ‘‘Except as provided in para- end; Code,’’ after ‘‘or State law,’’; and graph (3), any’’; and (2) in paragraph (3), by striking the comma (ii) by inserting ‘‘, except any information (2) by adding at the end the following: at the end and inserting ‘‘; or’’; and for which the Attorney General has deter- ‘‘(3) The Attorney General may deny a li- (3) by inserting after paragraph (3) the fol- mined that disclosure would likely com- cense application under paragraph (1) if the lowing: promise national security’’ before the period Attorney General determines that the appli- ‘‘(4) constitutes an act of terrorism, or pro- at the end ; and cant (including any responsible person) is viding material support or resources for ter- (B) by adding at the end the following: known (or appropriately suspected) to be or rorism,’’. ‘‘Any petition for review of information have been engaged in conduct constituting, (j) REMEDY FOR ERRONEOUS DENIAL OF withheld by the Attorney General under this in preparation for, in aid of, or related to FIREARM OR FIREARM PERMIT EXEMPTION.— subsection shall be made in accordance with terrorism, or providing material support or (1) IN GENERAL.—Section 925A of title 18, section 925A of title 18, United States Code.’’. resources for terrorism, and the Attorney United States Code, is amended— (l) UNLAWFUL DISTRIBUTION OF EXPLOSIVES General has a reasonable belief that the ap- (A) in the section heading, by striking BASED UPON ATTORNEY GENERAL DISCRE- plicant may use a firearm in connection with ‘‘Remedy for erroneous denial of firearm’’ TIONARY DENIAL.—Section 842(d) of title 18, terrorism.’’. and inserting ‘‘Remedies’’; United States Code, is amended— (f) DISCRETIONARY REVOCATION OF FEDERAL (B) by striking ‘‘Any person denied a fire- (1) in paragraph (9), by striking the period FIREARMS LICENSES.—Section 923(e) of title arm pursuant to subsection (s) or (t) of sec- and inserting ‘‘; or’’; and 18, United States Code, is amended— tion 922’’ and inserting the following: (2) by adding at the end the following: (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; ‘‘(a) Except as provided in subsection (b), ‘‘(10) has received actual notice of the At- (2) by striking ‘‘revoke any license’’ and any person denied a firearm pursuant to sub- torney General’s determination made pursu- inserting the following: ‘‘revoke— section (t) of section 922 or a firearm permit ant to subsection (d) or (j) of section 843 of ‘‘(A) any license’’; pursuant to a determination made under sec- this title.’’. (3) by striking ‘‘. The Attorney General tion 922B’’; and (m) ATTORNEY GENERAL DISCRETIONARY DE- may, after notice and opportunity for hear- (C) by adding at the end the following: NIAL AS PROHIBITOR.—Section 842(i) of title ing, revoke the license’’ and inserting the ‘‘(b) In any case in which the Attorney 18, United States Code, is amended— following: ‘‘; General has denied the transfer of a firearm (1) in paragraph (7), by adding ‘‘; or’’ at the ‘‘(B) the license’’; and to a prospective transferee pursuant to sec- end; and (4) by striking ‘‘. The Secretary’s action’’ tion 922A of this title or has made a deter- (2) by inserting after paragraph (7) the fol- and inserting the following: ‘‘; or mination regarding a firearm permit appli- lowing: ‘‘(C) any license issued under this section if cant pursuant to section 922B of this title, an ‘‘(8) who has received actual notice of the the Attorney General determines that the action challenging the determination may be Attorney General’s determination made pur- holder of such license (including any respon- brought against the United States. The peti- suant to subsection (d) or (j) of section 843 of sible person) is known (or appropriately sus- tion shall be filed not later than 60 days this title,’’. pected) to be or have been engaged in con- after the petitioner has received actual no- (n) ATTORNEY GENERAL DISCRETIONARY DE- duct constituting, in preparation for, in aid tice of the Attorney General’s determination NIAL OF FEDERAL EXPLOSIVES LICENSES AND of, or related to terrorism or providing mate- under section 922A or 922B of this title. The PERMITS.—Section 843 of title 18, United rial support or resources for terrorism, and court shall sustain the Attorney General’s States Code, is amended— the Attorney General has a reasonable belief determination upon a showing by the United (1) in subsection (b), by striking ‘‘Upon’’ that the applicant may use a firearm in con- States by a preponderance of evidence that and inserting ‘‘Except as provided in sub- nection with terrorism. the Attorney General’s determination satis- section (j), upon’’; and ‘‘(2) The Attorney General’s action’’. fied the requirements of section 922A or 922B, (2) by adding at the end the following: (g) ATTORNEY GENERAL’S ABILITY TO WITH- as the case may be. To make this showing, ‘‘(j) The Attorney General may deny the HOLD INFORMATION IN FIREARMS LICENSE DE- the United States may submit, and the court issuance of a permit or license to an appli- NIAL AND REVOCATION SUIT.— may rely upon, summaries or redacted cant under subsection (b) if the Attorney (1) IN GENERAL.—Section 923(f)(1) of title 18, versions of documents containing informa- General determines that the applicant or a United States Code, is amended by inserting tion the disclosure of which the Attorney responsible person or employee possessor after the first sentence the following: ‘‘How- General has determined would likely com- thereof is known (or appropriately sus- ever, if the denial or revocation is pursuant promise national security. Upon request of pected) to be or have been engaged in con- to subsection (d)(3) or (e)(3), any information the petitioner or the court’s own motion, the duct constituting, in preparation of, in aid upon which the Attorney General relied for court may review the full, undisclosed docu- of, or related to terrorism, or providing ma- this determination may be withheld from the ments ex parte and in camera. The court terial support or resources for terrorism, and petitioner, if the Attorney General deter- shall determine whether the summaries or the Attorney General has a reasonable belief

VerDate Nov 24 2008 02:09 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.085 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2498 CONGRESSIONAL RECORD — SENATE February 25, 2009 that the person may use explosives in con- TITLE II—GUN SHOW LOOPHOLE CLOSING ‘‘(4) maintains a copy of the records de- nection with terrorism.’’. ACT OF 2009 scribed in paragraphs (1) and (2) at the per- (o) ATTORNEY GENERAL DISCRETIONARY SEC. 201. SHORT TITLE. manent place of business of the operator. REVOCATION OF FEDERAL EXPLOSIVES LI- This title may be cited as the ‘‘Gun Show ‘‘(b) FEES.—The Attorney General shall not CENSES AND PERMITS.—Section 843(d) of title Loophole Closing Act of 2009’’. impose or collect any fee from special fire- 18, United States Code, is amended— SEC. 202. DEFINITIONS. arms event operators in connection with the (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; Section 921(a) of title 18, United States requirements under this section. ‘‘(c) RESPONSIBILITIES OF TRANSFERORS (2) by striking ‘‘if in the opinion’’ and in- Code, is amended by adding at the end the OTHER THAN LICENSEES.— serting the following: ‘‘if— following: ‘‘(1) IN GENERAL.—If any part of a firearm ‘‘(A) in the opinion’’; and ‘‘(36) The term ‘special firearms event’— transaction takes place at a special firearms (3) by striking ‘‘. The Secretary’s action’’ ‘‘(A) means any event at which 75 or more event, or on the curtilage of the event, it and inserting the following: ‘‘; or firearms are offered or exhibited for sale, ex- shall be unlawful for any person who is not ‘‘(B) the Attorney General determines that change, or transfer, if 1 or more of the fire- licensed under this chapter to transfer a fire- the licensee or holder (or any responsible arms has been shipped or transported in, or arm to another person who is not licensed person or employee possessor thereof) is otherwise affects, interstate or foreign com- under this chapter, unless the firearm is known (or appropriately suspected) to be or merce; transferred through a licensed importer, li- have been engaged in conduct constituting, ‘‘(B) does not include an offer or exhibit of censed manufacturer, licensed dealer, or a in preparation for, in aid of, or related to firearms for sale, exchange, or transfer by an special firearms event licensee in accordance terrorism, or providing material support or individual from the personal collection of with subsection (d). resources for terrorism, and that the Attor- that individual, at the private residence of ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per- ney General has a reasonable belief that the that individual, if the individual is not re- son who is subject to the requirement under person may use explosives in connection quired to be licensed under section 923 or 932; paragraph (1) shall not— with terrorism. and ‘‘(A) transfer the firearm to the transferee ‘‘(2) The Attorney General’s action’’. ‘‘(C) does not include an offer or exhibit of until the licensed importer, licensed manu- (p) ATTORNEY GENERAL’S ABILITY TO WITH- firearms for sale, exchange, or transfer at facturer, licensed dealer, or a special fire- HOLD INFORMATION IN EXPLOSIVES LICENSE events conducted and attended by permanent arms event licensee through which the trans- AND PERMIT DENIAL AND REVOCATION SUITS.— or annual dues paying members, and their fer is made makes the notification described Section 843(e) of title 18, United States Code, immediate family, of private, not-for-profit in subsection (d)(2)(A); or is amended— organizations whose primary purpose is own- ‘‘(B) transfer the firearm to the transferee (1) in paragraph (1), by inserting after the ing and maintaining real property for the if the person has been notified under sub- first sentence the following: ‘‘However, if the purpose of hunting activities. section (d)(2)(B) that the transfer would vio- denial or revocation is based upon an Attor- ‘‘(37) The term ‘special firearms event li- late section 922 or State law. censee’ means any person who has obtained ney General determination under subsection ‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE- and holds a valid license in compliance with (d) or (j), any information which the Attor- MENTS.—Nothing in this section shall permit ney General relied on for this determination section 932(d) and who is authorized to con- or authorize the Attorney General to impose may be withheld from the petitioner if the tact the national instant criminal back- recordkeeping requirements on any non- Attorney General determines that disclosure ground check system on behalf of another in- licensed special firearms event vendor. of the information would likely compromise dividual, who is not licensed under this chap- ‘‘(d) RESPONSIBILITIES OF LICENSEES.—A li- national security.’’; and ter, for the purpose of conducting a back- censed importer, licensed manufacturer, li- (2) in paragraph (2), by adding at the end ground check for a potential firearms trans- censed dealer, or special firearms event li- the following: ‘‘In responding to any petition fer at a special firearms event in accordance censee who agrees to assist a person who is for review of a denial or revocation based with section 932(c). not licensed under this chapter in carrying upon an Attorney General determination ‘‘(38) The term ‘special firearms event ven- out the responsibilities of that person under under subsection (d) or (j), the United States dor’ means any person who is not required to subsection (c) with respect to the transfer of may submit, and the court may rely upon, be licensed under section 923 and who exhib- a firearm shall— summaries or redacted versions of docu- its, sells, offers for sale, transfers, or ex- ‘‘(1) except as provided in paragraph (2), ments containing information the disclosure changes 1 or more firearms at a special fire- comply with section 922(t) as if transferring of which the Attorney General has deter- arms event, regardless of whether or not the the firearm from the inventory of the li- mined would likely compromise national se- person arranges with the special firearms censed importer, licensed manufacturer, or curity.’’. event promoter for a fixed location from licensed dealer to the designated transferee (q) ABILITY TO WITHHOLD INFORMATION IN which to exhibit, sell, offer for sale, transfer, (although a licensed importer, licensed man- COMMUNICATIONS TO EMPLOYERS.—Section or exchange 1 or more firearms.’’. ufacturer, or licensed dealer complying with 843(h)(2) of title 18, United States Code, is SEC. 203. REGULATION OF FIREARMS TRANSFERS this subsection shall not be required to com- amended— AT SPECIAL FIREARMS EVENTS. ply again with the requirements of section (1) in subparagraph (A), by inserting ‘‘or in (a) IN GENERAL.—Chapter 44 of title 18, 922(t) in delivering the firearm to the non- United States Code, is amended by adding at subsection (b)(1) of this section (on grounds licensed transferor); the end the following: of terrorism)’’ after ‘‘section 842(i)’’; and ‘‘(2) not later than 3 business days (mean- (2) in subparagraph (B)— ‘‘§ 932. Regulation of firearms transfers at ing days on which State offices are open) (A) in the matter preceding clause (i), by special firearms events after the date of the agreement to purchase, inserting ‘‘or in subsection (j) of this sec- ‘‘(a) SPECIAL FIREARMS EVENTS OPERA- or if the event is held in a State that has tion,’’ after ‘‘section 842(i),’’; and TORS.—It shall be unlawful for a special fire- been certified by the Attorney General under (B) in clause (ii), by inserting ‘‘, except arms events operator to organize, plan, pro- section 204 of the Gun Show Loophole Clos- that any information that the Attorney Gen- mote, or operate a special firearms event un- ing Act of 2009, not later than 24 hours after eral relied on for a determination pursuant less that operator— such date (or 3 business days after such date to subsection (j) may be withheld if the At- ‘‘(1) before the commencement of the spe- if additional information is required in order torney General concludes that disclosure of cial firearms event, or in the case of a vendor to verify disqualifying information from a the information would likely compromise who arrives after the commencement of the State that has not been certified by the At- national security’’ after ‘‘determination’’. event, upon the arrival of the vendor, torney General), notify the nonlicensed (r) CONFORMING AMENDMENT TO IMMIGRA- verifies the identity of each special firearms transferor and the nonlicensed transferee— TION AND NATIONALITY ACT.—Section event vendor participating in the special ‘‘(A) of any response from the national 101(a)(43)(E)(ii) of the Immigration and Na- firearms event by examining a valid identi- criminal background check system, or if the tionality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is fication document (as defined in section licensee has had no response from the na- amended by striking ‘‘or (5)’’ and inserting 1028(d)(2)) of the vendor containing a photo- tional criminal background check system ‘‘(5), or (10)’’. graph of the vendor; within the applicable time period under this ‘‘(2) before the commencement of the spe- paragraph, notify the nonlicensed transferor cial firearms event, or in the case of a vendor that no response has been received and that SA 590. Mr. LAUTENBERG (for him- who arrives after the commencement of the the transfer may proceed; and self and Mr. REED) submitted an event, upon the arrival of the vendor, re- ‘‘(B) of any receipt by the licensed im- amendment intended to be proposed by quires each special firearms event vendor to porter, licensed manufacturer, or licensed him to the bill S. 160, to provide the sign— dealer of a notification from the national in- District of Columbia a voting seat and ‘‘(A) a ledger with identifying information stant criminal background check system the State of Utah an additional seat in concerning the vendor; and that the transfer would violate section 922 or the House of Representatives; which ‘‘(B) a notice advising the vendor of the ob- State law; was ordered to lie on the table; as fol- ligations of the vendor under this chapter; ‘‘(3) in the case of a transfer at 1 time or ‘‘(3) notifies each person who attends the during any 5 consecutive business days, of 2 lows: special firearms event of the requirements of or more pistols or revolvers, or any combina- At the end of the bill, add the following: this chapter; and tion of pistols and revolvers totaling 2 or

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more, to the same nonlicensed person, in ad- ‘‘(A) BACKGROUND CHECKS.—A special fire- nal background check system established dition to the recordkeeping requirements de- arms event licensee may have access to the under section 103 of the Brady Handgun Vio- scribed in paragraph (4), prepare a report of national instant criminal background check lence Prevention Act (18 U.S.C. 922 note); the multiple transfers, which report shall system to conduct a background check only (2) not less than 95 percent of all records be— at a special firearms event and only on be- containing information that would dis- ‘‘(A) on a form specified by the Attorney half of another person. qualify an individual under paragraphs (8) General; and ‘‘(B) TRANSFER OF FIREARMS.—A special and (9) of subsection 922(g) of title 18, United ‘‘(B) not later than the close of business on firearms event licensee shall not transfer a States Code, or under State law, is available the date on which the multiple transfer oc- firearm at a special firearms event. on computer records in the State, and is curs, forwarded to— ‘‘(f) DEFINED TERM.—In this section, the searchable under the national instant crimi- ‘‘(i) the office specified on the form de- term ‘firearm transaction’— nal background check system established scribed in subparagraph (A); and ‘‘(1) includes the sale, offer for sale, trans- under section 103 of the Brady Handgun Vio- ‘‘(ii) the appropriate State law enforce- fer, or exchange of a firearm; and lence Protection Act (18 U.S.C. 922 note); and ment agency of the jurisdiction in which the ‘‘(2) does not include— (3) the chief judicial officer of the State re- transfer occurs; and ‘‘(A) the mere exhibition of a firearm; or quires the courts of the State to use the toll- ‘‘(4) comply with all recordkeeping require- ‘‘(B) the sale, transfer, or exchange of fire- free telephone number described in sub- ments under this chapter. arms between immediate family members, section (d)(1) to immediately notify the Na- ‘‘(e) SPECIAL FIREARMS EVENT LICENSE.— including parents, children, siblings, grand- tional Instant Criminal Background Check ‘‘(1) IN GENERAL.—The Attorney General parents, and grandchildren.’’. System each time a restraining order (as de- shall issue a special firearms event license to (b) PENALTIES.—Section 924(a) of title 18, scribed in section 922(g)(8) of title 18, United a person who submits an application for a United States Code, is amended by adding at States Code) is issued, lifted, or otherwise re- special firearms event license in accordance the end the following: moved by order of the court. with this subsection. ‘‘(8)(A) Whoever organizes, plans, pro- (c) CLARIFICATIONS.— ‘‘(2) APPLICATION.—The application re- motes, or operates a special firearms event, (1) DISQUALIFYING INFORMATION.—Disquali- quired by paragraph (1) shall be approved if— knowing that the requirements under sec- fying information for each State under sub- ‘‘(A) the applicant is 21 years of age or tion 932(a)(1) have not been met— section (b) shall include the disqualifying older; ‘‘(i) shall be fined under this title, impris- records for that State generated during the ‘‘(B) the application includes a photograph oned not more than 2 years, or both; and 30 years preceding the date of application to and the fingerprints of the applicant; ‘‘(ii) in the case of a second or subsequent the Attorney General for certification. ‘‘(C) the applicant (including, in the case of conviction, shall be fined under this title, (2) TOLL-FREE TELEPHONE NUMBER.—Upon a a corporation, partnership, or association, imprisoned not more than 5 years, or both. showing by the State that a court of the any individual possessing, directly or indi- ‘‘(B) Whoever organizes, plans, promotes, State has developed computer systems which rectly, the power to direct or cause the di- or operates a special firearms event, know- permit the court to immediately electroni- rection of the management and policies of ing that the requirements under subsection cally notify the National Instant Criminal the corporation, partnership, or association) (a)(2) or (c) of section 932 have not been met, Background Check System with respect to is not prohibited from transporting, ship- shall be fined under this title, imprisoned the issuance or lifting of restraining orders, ping, or receiving firearms or ammunition in not more than 5 years, or both. the use of the toll-free telephone number de- interstate or foreign commerce under sub- ‘‘(C) Whoever organizes, plans, promotes, scribed in subsection (d)(1) shall no longer be section (g) or (n) of section 922; or operates a special firearms event, know- required under subsection (b)(3). ‘‘(D) the applicant has not willfully vio- ing that the requirements under section (d) NOTIFICATION INFRASTRUCTURE.—Before lated any of the provisions of this chapter or 932(a)(3) have not been met, shall be fined certifying any State under subsection (b), regulations issued thereunder; under this title, imprisoned not more than 2 the Attorney General shall— ‘‘(E) the applicant has not willfully failed years, or both. (1) create a toll-free telephone number to disclose any material information re- ‘‘(D) In addition to any other penalties im- through which State and local courts may quired, or has not made any false statement posed under this paragraph, the Attorney immediately notify the National Instant as to any material fact, in connection with General may, with respect to any person who Background Check System whenever a re- the application; and violates any provision of section 932— straining order (as described in section ‘‘(F) the applicant certifies that— ‘‘(i) if the person is registered pursuant to 922(g)(8) of title 18, United States Code) is ‘‘(i) the applicant meets the requirements section 932(a), after notice and opportunity issued, lifted, or otherwise removed by order of subparagraphs (A) through (D) of section for a hearing, suspend for not more than 6 of the court; and 923(d)(1); months or revoke the registration of that (2) encourage States to develop computer ‘‘(ii) the business to be conducted under person under section 932(a); and systems that permit courts to immediately the license is not prohibited by State or ‘‘(ii) impose a civil fine in an amount equal electronically notify the National Instant local law in the place where the licensed to not more than $10,000.’’. Criminal Background Check System when- premises is located; and (c) UNLAWFUL ACTS.—Section 922(b) of title ever a restraining order (as described in sec- ‘‘(iii) the business will not be conducted 18, United States Code, is amended in the tion 922(g)(8) of title 18, United States Code) under the license until the requirements of matter preceding paragraph (1), by striking has been issued, lifted, or otherwise removed State and local law applicable to the busi- ‘‘or licensed collector’’ and inserting ‘‘li- by order of the court. ness have been met. censed collector, or special firearms event li- (e) 24-HOUR PROVISION.—Upon certification ‘‘(3) APPLICATION AND APPROVAL.— censee’’. by the Attorney General, the 24-hour provi- ‘‘(A) IN GENERAL.—Upon the approval of an (d) TECHNICAL AND CONFORMING AMEND- sion in section 932(c)(2) of title 18, United application under this subsection and pay- MENT.—Chapter 44 of title 18, United States States Code, shall apply to the verification ment by the applicant of a fee of $200 for 3 Code, is amended in the chapter analysis, by process (for transfers between unlicensed years, and upon renewal of a valid registra- adding at the end the following: persons) in that State unless additional in- tion and payment of a fee of $90 for 3 years, ‘‘932. Regulation of firearms transfers at spe- formation is required in order to verify dis- the Attorney General shall issue to the ap- cial firearms events.’’. qualifying information from a State that has plicant an instant check registration, and not been certified by the Attorney General, advise the Attorney General of that registra- SEC. 204. STATE OPTION FOR 24-HOUR BACK- GROUND CHECKS AT SPECIAL FIRE- in which case the 3 business day limit shall tion. ARMS EVENTS FOR STATES WITH apply. ‘‘(B) NICS.—A special firearms event li- COMPUTERIZED DISQUALIFYING (f) ANNUAL REVIEW.—The Director of the censee may contact the national instant RECORDS. Bureau of Justice Statistics shall annually criminal background check system estab- (a) IN GENERAL.—Effective 3 years after the review the certifications under this section. lished under section 103 of the Brady Hand- date of enactment of this Act, a State may (g) REVOCATION.—The Attorney General gun Violence Prevention Act (18 U.S.C. 922 apply to the Attorney General for certifi- shall revoke the certification required under note) for information about any individual cation of the 24-hour verification authority this section for any State that is not in com- desiring to obtain a firearm at a special fire- of that State. pliance with subsection (b). arms event from any special firearms event (b) CERTIFICATION.—The Attorney General SEC. 205. INSPECTION AUTHORITY. vendor who has requested the assistance of shall certify a State for 24-hour verification Section 923(g)(1)(B), of title 18, United the registrant in complying with subsection authority only upon a clear showing by the States Code, is amended by striking ‘‘or li- (c) with respect to the transfer of the fire- State, and certification by the Bureau of censed dealer’’ and inserting ‘‘licensed deal- arm, during the 3-year period that begins on Justice Statistics, that— er, or special firearms event operator’’. the date on which the registration is issued. (1) not less than 95 percent of all records SEC. 206. INCREASED PENALTIES FOR SERIOUS ‘‘(4) REQUIREMENTS.—The requirements for containing information that would dis- RECORDKEEPING VIOLATIONS BY a special firearms event licensee shall not qualify an individual under subsections (g) LICENSEES. exceed the requirements for a licensed dealer and (n) of section 922 of title 18, United Section 924(a)(3) of title 18, United States and the recordkeeping requirements shall be States Code, or under State law, is available Code, is amended to read as follows: the same. on computer records in the State, and is ‘‘(3)(A) Except as provided in subparagraph ‘‘(5) RESTRICTIONS.— searchable under the national instant crimi- (B), any licensed dealer, licensed importer,

VerDate Nov 24 2008 02:09 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.086 S25FEPT1 wwoods2 on PRODPC68 with SENATE S2500 CONGRESSIONAL RECORD — SENATE February 25, 2009 licensed manufacturer, licensed collector, or mittee on Finance be authorized to sideration of S. Res. 53 and the Senate special firearms event licensee who know- meet during the session of the Senate proceed to its immediate consider- ingly makes any false statement or represen- on Wednesday, February 25, 2009, at 10 ation. tation with respect to the information re- quired by this chapter to be kept in the a.m., in room 215 of the Dirksen Senate The PRESIDING OFFICER. Without records of a person licensed under this chap- Office Building. objection, it is so ordered. The clerk ter, or violates section 922(m) shall be fined The PRESIDING OFFICER. Without will report the resolution by title. under this title, imprisoned not more than 1 objection, it is so ordered. The legislative clerk read as follows: year, or both. COMMITTEE ON THE JUDICIARY ‘‘(B) If the violation described in subpara- Mr. LIEBERMAN. Mr. President, I A resolution (S. Res 53) authorizing a graph (A) is in relation to an offense— plaque commemorating the role of enslaved ‘‘(i) under paragraph (1) or (3) of section ask unanimous consent that the Sen- ate Committee on the Judiciary be au- African Americans in the construction of the 922(b), such person shall be fined under this Capitol. title, imprisoned not more than 5 years, or thorized to meet during the session of both; or the Senate, to conduct a hearing enti- There being no objection, the Senate ‘‘(ii) under subsection (a)(6) or (d) of sec- tled ‘‘Ensuring Television Carriage in proceeded to consider the resolution. tion 922, such person shall be fined under this the Digital Age’’ on Wednesday, Feb- Mr. REID. Mr. President, I ask unan- title, imprisoned not more than 10 years, or ruary 25, 2009, at 10 a.m., in room SD– both.’’. imous consent that the resolution be 226 of the Dirksen Senate Office Build- SEC. 207. INCREASED PENALTIES FOR VIOLA- agreed to, the preamble be agreed to, TIONS OF CRIMINAL BACKGROUND ing. the motions to reconsider be laid on CHECK REQUIREMENTS. The PRESIDING OFFICER. Without the table en bloc, and that any state- Section 924(a) of title 18, United States objection it is so ordered. ments be printed in the RECORD. Code, as amended by section 203(b), is further COMMITTEE ON THE JUDICIARY amended— The PRESIDING OFFICER. Without (1) in paragraph (5), by striking ‘‘sub- Mr. LIEBERMAN. Mr. President, I objection, it is so ordered. ask unanimous consent that the Com- section (s) or (t) of section 922’’ and inserting The resolution (S. Res. 53) was agreed ‘‘section 922(s)’’; and mittee on the Judiciary be authorized to. (2) by adding at the end the following: to meet during the session of the Sen- ‘‘(9) Whoever knowingly violates section ate, to conduct a hearing entitled ‘‘Ex- The preamble was agreed to. 922(t) shall be fined under this title, impris- ecutive Nominations’’ on Wednesday, The resolution, with its preamble, oned not more than 5 years, or both.’’. February 25, 2009, at 2 p.m., in room reads as follows: SEC. 208. RULE OF INTERPRETATION. SD–226 of the Dirksen Senate Office A provision of State law is not incon- S. RES. 53 sistent with this title or an amendment Building. The PRESIDING OFFICER. Without Whereas enslaved African-Americans pro- made by this title if the provision imposes a vided labor essential to the construction of regulation or prohibition of greater scope or objection, it is so ordered. the Capitol; a penalty of greater severity than any prohi- SPECIAL COMMITTEE ON AGING Whereas enslaved African-Americans per- bition or penalty imposed by this title or an formed the backbreaking work of quarrying amendment made by this title. Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the Com- the stone which comprised many of the SEC. 209. EFFECTIVE DATE. floors, walls, and columns of the Capitol; This title and the amendments made by mittee on Aging be authorized to meet Whereas enslaved African-Americans this title shall take effect 180 days after the on Wednesday, February 25, 2009 at 10 toiled in the Aquia Creek sandstone quarry date of enactment of this Act. a.m.–12:30 p.m. in Dirksen 106 for the in Stafford County, Virginia and in a marble f purpose of conducting a business meet- quarry in Montgomery County, Maryland to ing and hearing. AUTHORITY FOR COMMITTEES TO produce the stone that would be used in the The PRESIDING OFFICER. Without MEET Capitol; objection, it is so ordered. Whereas the marble columns in the Old COMMITTEE ON AGRICULTURE, NUTRITION, AND Senate Chamber and the sandstone walls of f FORESTRY the East Front corridor remain as the last- Mr. LIEBERMAN. Mr. President, I PRIVILEGES OF THE FLOOR ing legacies of the enslaved African-Ameri- ask unanimous consent that the Com- Mr. LIEBERMAN. Mr. President, I cans who worked the quarries; Whereas enslaved African-Americans also mittee on Agriculture, Nutrition, and ask unanimous consent that Ted Vogt Forestry be authorized to meet during participated in other facets of construction of Senator KYL’s staff be given floor of the Capitol, including carpentry, masonry, the session of the Senate on Wednes- privileges during the duration of the day, February 25, 2009 at 2:30 p.m. in carting, rafting, roofing, plastering, glazing, debate on S. 160. painting, and sawing; room 106 of the Dirksen Senate office The ACTING PRESIDENT pro tem- Whereas enslaved African-Americans la- building. bored on the Nation’s Capitol while they, The PRESIDING OFFICER. Without pore. Without objection, it is so or- dered. themselves, were not free; objection, it is so ordered. Whereas the contributions of enslaved Af- COMMITTEE ON ARMED SERVICES f rican-Americans in the construction of the Mr. LIEBERMAN. Mr. President, I APPOINTMENT Capitol have not been acknowledged nor ade- ask unanimous consent that the Com- quately represented in the Capitol; The PRESIDING OFFICER. The mittee on Armed Services be author- Whereas no narrative on the construction ized to meet during the session of the Chair announces on behalf of the Com- of the Capitol that does not include the con- tributions of enslaved African-Americans Senate on Wednesday, February 25, mittee on Finance, pursuant to section 8002 of title 26, U.S. Code, the designa- can fully and accurately reflect the history 2009, at 9:30 a.m. of the Capitol; and The PRESIDING OFFICER. Without tion of the following Senators as mem- bers of the Joint Committee on Tax- Whereas recognition of the contributions objection, it is so ordered. of enslaved African-Americans brings to all COMMITTEE ON ENVIRONMENT AND PUBLIC ation: the Senator from Montana (Mr. people of the United States an understanding WORKS BAUCUS), the Senator from West Vir- of the continuing evolution of democracy: Mr. LIEBERMAN. Mr. President, I ginia (Mr. ROCKEFELLER), the Senator Now, therefore, be it ask unanimous consent that the Com- from North Dakota (Mr. CONRAD), the Resolved, That the Senate authorizes and mittee on Environment and Public Senator from Iowa (Mr. GRASSLEY), and directs— Works be authorized to meet during the Senator from Utah (Mr. HATCH). (1) the Senate Commission on Art to pro- the session of the Senate on Wednes- f cure an appropriate plaque acknowledging day, February 25, 2009 at 10 a.m. in the role of enslaved African-Americans in room 406 of the Dirksen Senate Office COMMEMORATING THE ROLE OF the construction of the Capitol; and Building. ENSLAVED AFRICAN AMERICANS (2) that, under the direction of the Com- The PRESIDING OFFICER. Without IN THE CONSTRUCTION OF THE mittee on Rules and Administration of the CAPITOL Senate, the plaque shall be placed near the objection, it is so ordered. original exterior wall that was constructed COMMITTEE ON FINANCE Mr. REID. Mr. President, I ask unan- between 1793 and 1800 in the East Front cor- Mr. LIEBERMAN. Mr. President, I imous consent that the Rules Com- ridor on the third floor of the Senate wing of ask unanimous consent that the Com- mittee be discharged from further con- the Capitol.

VerDate Nov 24 2008 03:00 Feb 26, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A25FE6.086 S25FEPT1 wwoods2 on PRODPC68 with SENATE February 25, 2009 CONGRESSIONAL RECORD — SENATE S2501 SUPPORTING CHILDREN’S DENTAL The PRESIDING OFFICER. The COAST GUARD RESERVE UNDER TITLE 10, U.S.C., SECTION 12203(A): HEALTH MONTH AND HONORING clerk will read the titles of the bills for To be captain THE MEMORY OF DEAMONTE the first time, en bloc. KENT P. BAUER DRIVER The legislative clerk read as follows: MARK S. MACKEY Mr. REID. Mr. President, I ask unan- A bill (S. 478) to amend the National Labor THE FOLLOWING NAMED OFFICERS OF THE UNITED imous consent that the Senate proceed Relations Act to ensure the right of employ- STATES COAST GUARD TO BE MEMBERS OF THE PERMA- NENT COMMISSIONED TEACHING STAFF OF THE U.S. to consideration of S. Con. Res. 8. ees to a secret-ballot election conducted by the National Labor Relations Board. COAST GUARD ACADEMY IN THE GRADE INDICATED The PRESIDING OFFICER. The UNDER SECTION 188, TITLE 14, U.S. CODE: A bill (S. 482) to require Senate candidates To be lieutenant commander clerk will report the concurrent resolu- to file designations, statements, and reports tion by title. in electronic form. CORINNA M. FLEISCHMANN The legislative clerk read as follows: A bill (H.R. 1105) making omnibus appro- KELLY C. SEALS A concurrent resolution (S. Con. Res. 8) ex- priations for the fiscal year ending Sep- IN THE AIR FORCE pressing support for Children’s Dental tember 30, 2009, and for other purposes. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Health Month and honoring the memory of Mr. REID. I now ask for a second TO THE GRADE INDICATED IN THE UNITED STATES AIR Deamonte Driver. FORCE UNDER TITLE 10, U.S.C., SECTION 624: reading en bloc on these matters, but I To be lieutenant colonel There being no objection, the Senate also object at the same time to my own JONATHON V. LAMMERS proceeded to consideration of the con- request, en bloc. current resolution. The PRESIDING OFFICER. Objec- THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- Mr. REID. Mr. President, I ask unan- MENT TO THE GRADE INDICATED IN THE REGULAR AIR tion having been heard, the bills will FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): imous consent that the concurrent res- receive their second reading on the To be major olution be agreed to, the preamble be next legislative day. GARY A. FOSKEY agreed to, the motions to reconsider be JAMES P. ROSE laid on the table, with no intervening f CONNIE L. WARR action or debate, and any statement be ORDERS FOR THURSDAY, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT printed in the RECORD. FEBRUARY 26, 2009 TO THE GRADE INDICATED IN THE UNITED STATES AIR The PRESIDING OFFICER. Without FORCE UNDER TITLE 10, U.S.C., SECTION 624: Mr. REID. I ask unanimous consent objection, it is so ordered. To be major The concurrent resolution (S. Con. that when the Senate completes its BRYSON D. BORG business today, it stand adjourned DOUGLAS W. BYERLY Res. 8) was agreed to. RONEA N. HARRISSTITH The preamble was agreed to. until 9:30 a.m. tomorrow, February 26; RYAN P. HAWKS that following the prayer and pledge, SVEN M. HOCHHEIMER The concurrent resolution, with its DAVID J. HOOPES preamble, reads as follows: the Journal of proceedings be approved DEXTER W. LOVE S. CON. RES. 8 to date, the morning hour be deemed IN THE ARMY expired, the time for the two leaders be Whereas several national dental organiza- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT tions have observed February 2009 as Chil- reserved for their use later in the day, TO THE GRADE INDICATED IN THE RESERVE OF THE dren’s Dental Health Month; and the Senate resume consideration of ARMY UNDER TITLE 10, U.S.C., SECTION 12203: Whereas Deamonte Driver, a 12-year-old S. 160, the District of Columbia House To be colonel Marylander, died on February 25, 2007, of Voting Rights Act, as under the pre- FRANK RODRIGUEZ, JR. complications resulting from untreated vious order that has already been en- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT tooth decay; tered. TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: Whereas the passing of Deamonte Driver The PRESIDING OFFICER. Without has led to increased awareness nationwide To be colonel objection, it is so ordered. about the importance of access to high-qual- EDWARD E. TURSKI ity, affordable preventative care and treat- f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ment for dental problems; PROGRAM TO THE GRADE INDICATED IN THE UNITED STATES ARMY Whereas the primary purpose of Children’s UNDER TITLE 10, U.S.C., SECTION 624: Dental Health Month is to educate parents, Mr. REID. As I indicated earlier, Sen- To be major children, and the public about the impor- ators should expect rollcall votes JOSEPH R. KRUPA tance and value of oral health; throughout the day as we work to com- THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR Whereas Children’s Dental Health Month plete action on the DC House Voting APPOINTMENT TO THE GRADE INDICATED IN THE showcases the overwhelmingly preventable UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, Rights Act. The first vote of the day is U.S.C., SECTIONS 531 AND 3064: nature of tooth decay and highlights the fact expected to begin at 10:30 in relation to that tooth decay is on the rise among the To be major the Kyl amendment regarding retroces- youngest children in the Nation; KATHLEEN P. NAIMAN Whereas Children’s Dental Health Month sion. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT educates the public about the treatment of f TO THE GRADE INDICATED IN THE RESERVE OF THE childhood dental caries, cleft-palate, oral fa- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ADJOURNMENT UNTIL 9:30 A.M. cial trauma, and oral cancer through public To be colonel service announcements, seminars, briefings, TOMORROW JUAN G. ESTEVA and the pro bono initiatives of practitioners Mr. REID. If there is no further busi- THOMAS E. STARR and academic dental institutions; ness to come before the Senate, I ask THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Whereas Children’s Dental Health Month unanimous consent that it stand ad- TO THE GRADE INDICATED IN THE RESERVE OF THE was created to raise awareness about the im- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: journed under the previous order. portance of oral health; and To be colonel Whereas Children’s Dental Health Month is There being no objection, the Senate, ROBERT F. DONNELLY an opportunity for the public and health pro- at 7:25 p.m., adjourned until Thursday, ANGELICA REYES fessionals to take action to prevent child- February 26, 2009, at 9:30 a.m. THE FOLLOWING NAMED ARMY NATIONAL GUARD OF hood dental problems and improve access to f THE UNITED STATES OFFICERS FOR APPOINTMENT TO high-quality dental care: Now, therefore, be THE GRADE INDICATED IN THE RESERVE OF THE ARMY it NOMINATIONS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Resolved by the Senate (the House of Rep- Executive nominations received by To be colonel resentatives concurring), That Congress ex- the Senate: RICHARD H. DAHLMAN presses support for Children’s Dental Health REX E. DUNCAN Month and honors the life of Deamonte Driv- DEPARTMENT OF HOMELAND SECURITY DAVID A. STILLS er. JANE HOLL LUTE, OF NEW YORK, TO BE DEPUTY SEC- THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR RETARY OF HOMELAND SECURITY, VICE PAUL A. APPOINTMENT TO THE GRADES INDICATED IN THE f SCHNEIDER, RESIGNED. UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: MEASURES READ THE FIRST DEPARTMENT OF JUSTICE To be lieutenant colonel TIME—S. 478, S. 482, H.R. 1105 TONY WEST, OF CALIFORNIA, TO BE AN ASSISTANT AT- Mr. REID. Mr. President, I have been TORNEY GENERAL, VICE GREGORY G. KATSAS, RE- JULIE S. AKIYAMA SIGNED. To be major led to believe there are three bills at IN THE COAST GUARD the desk. If that is the case, I ask for ERIN J. BOGGS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DENNIS J. CURTIS their first reading en bloc. TO THE GRADE INDICATED IN THE UNITED STATES ANDREW L. HAGENMASTER

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THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR FRANKLIN D. ROSENBLATT DANIEL ARISPE APPOINTMENT TO THE GRADES INDICATED IN THE ROBERT E. SAMUELSEN II CHRISTOPHER J. ARMES UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, MATTHEW H. SEEGER LAWRENCE R. ARNOLD U.S.C., SECTIONS 531 AND 3064: CHRISTOPHER C. SHEPPARD BARRY S. ARNWINE SARAH K. SOJA JAMES A. ATCHISON, JR. To be lieutenant colonel PHYLISHA A. SOUTH NICOLE V. AUNAPU MICHAEL L. NIPPERT PHILIP M. STATEN BENJAMIN P. AUSBROOKS DAN E. STIGALL ARON M. AXE To be major TIMOTHY W. THOMAS DARRYL G. AYERS ALISON M. TULUD RICHARD P. AYRES HUIFENG CHIU BUHLER M. VAN ROBERT E. BACZKOWSKI, JR. JOHN K. GOERTMILLER ELIZABETH A. WALKER TASE E. BAILEY THE FOLLOWING NAMED INDIVIDUALS TO THE GRADE HEIDI E. WEAVER MATTHEW D. BAIN JONATHAN T. BAKER INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE ERIC W. WIDMAR BRADLEY J. BALL 10, U.S.C., SECTION 12203: WINSTON S. WILLIAMS, JR. PATRICK J. WOOLSEY BRIAN W. BANN To be colonel DAVID M. BANN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY M. BARBER MARTIN L. BADEGIAN TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROBERT G. BARBER PAUL J. DOUGHERTY JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, ADAM N. BARBORKA MARK J. HODD U.S.C., SECTIONS 624 AND 3064: DAVID L. BARIL BRUCE B. BARKER II THE FOLLOWING NAMED ARMY NATIONAL GUARD OF To be colonel CHRISTOPHER R. BARNARD THE UNITED STATES OFFICERS FOR APPOINTMENT TO SEAN W. BARNES THE GRADE INDICATED IN THE RESERVE OF THE ARMY VANESSA A. BERRY ROBERT M. BARNHART, JR. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: KEVIN M. BOYLE TIMOTHY J. CODY ANDREW E. BARTLE To be colonel JOSEPH C. FETTERMAN CARRIE C. BATSON BRIAN J. GODARD RYAN J. BAUMAN DEBRA H. BURTON JAMES F. BEAL PATRICIA A. HAM GARY D. GILMORE MARC D. BEAUDREAU JOHN S. IRGENS CHRISTINE GLOVER JAMES A. BEAULIEU MARK L. JOHNSON HAROLD B. JONES, JR. ROBERT D. BECHTOLD PAUL E. KANTWILL LEE D. SCHNELL BRIAN J. BECK JONATHAN A. KENT BRITON C. BECK CLAES H. LEWENHAUPT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DALE R. BEHM JAMES M. PATTERSON TO THE GRADE INDICATED IN THE RESERVE OF THE RUSSELL A. BELT II JEFFERY D. PEDERSEN ARMY UNDER TITLE 10, U.S.C., SECTION 12203: RICARDO BENAVIDES DAVID H. ROBERTSON To be colonel CHRISTOPHER S. BENFIELD MARTIN L. SIMS JOHN T. BERDUSIS MICHAEL L. SMIDT PAUL P. BRYANT JASON B. BERG STEPHANIE L. STEPHENS TONY A. BRYANT THOMAS A. BERTRAM, JR. MARK TELLITOCCI STEVEN J. BUETHE DEREK C. BIBBY WALTER S. WEEDMAN JOHN DORNEY JONATHAN E. BIDSTRUP PAUL S. WILSON WALTER L. GOODWATER CHAD T. BIGNELL GREGORY G. WOODS HARRY F. GRIFFIN JAMES W. BIRCHFIELD SCOTT F. YOUNG THOMAS P. MICHELLI PAUL F. BISCHOFF WILLIAM R. RAY THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR JOE D. BLACK, JR. WALTER M. SALMON APPOINTMENT TO THE GRADES INDICATED IN THE EDWARD J. BLACKSHAW CHRISTOPHER R. WARD UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, MARC E. BLANKENBICKER U.S.C., SECTIONS 531 AND 3064: ROBERT H. BLEDSOE, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOE D. BLOCKER TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be colonel BRIAN M. BLOMQUIST JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, CHADD W. BLOOMSTINE EFREN E. RECTO U.S.C., SECTIONS 624 AND 3064: SAMUEL P. BLUNTZER To be major To be lieutenant colonel HORACE J. BLY NEIL E. BOOHER ROBERT J. ABBOTT MITCHELL M. MATUNDAN JAMES R. BOOTH BRIAN P. ADAMS To be major JACKLYNN BORREGO ELIZABETH F. ALLEN MICHAEL A. BOURQUIN EDWARD G. BAHDI NICHOLAS C. CARO STEVEN B. BOWDEN MICHAEL P. BAILEYS JANICE E. KATZ JONATHAN M. BOYD THOMAS W. BARROW DEBORAH C. MARGULES KURT A. BOYD CHRISTIAN E. BEESE JOHN G. RUMBAUGH BROOKS D. BRADEN EDWARD W. BERG RENEE Q. THAI JOSHUA F. BRADSTREET JOSHUA F. BERRY WILLIAM A. WOLKSTEIN JERAMY W. BRADY CATHERINE M. BOWERY ROBERT K. BRADY CAROL A. BREWER THE FOLLOWING NAMED ARMY NATIONAL GUARD OF JOEL P. BRANIECKI JOHN W. BROOKER THE UNITED STATES OFFICERS FOR APPOINTMENT TO THOMAS J. BRANNAN BAILEY W. BROWN III THE GRADE INDICATED IN THE RESERVE OF THE ARMY BRIAN J. BRODERICK MATTHEW L. BROWN UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JOHN N. BROGDON SHERILYN A. BUNN To be colonel AARON J. BROOKS SETH D. COHEN ROBERT B. BROWN ALBERT G. COURIE III SUZANNE D. ADKINSON WARREN J. BRUCE CHRISTOPHER T. CURRY JANIS K. BAUMAN CHARLES B. BUCKLEY, JR. CHRISTIAN L. DEICHERT MONTY L. BRODT JEREMY L. BUCKWALTER DANIEL D. DERNER JAMES A. BROWN JONAS L. BURING JEFFREY S. DIETZ JAMES F. CHISHOLM IV RICHARD D. BURKETT, JR. SCOTT A. DIROCCO WALLACE A. HALL, JR. GARTH W. BURNETT PAUL M. DUBBELING LEE W. HOPKINS MARK E. BURRELL JAMES S. DUPRE, JR. RONALD G. MCLAURIN PATRICK J. BUTLER RAMSEY L. ELLIS MARK A. PILKINGTON FRANCISCO A. CACERES JUSTIN A. EVISON BRIAN F. RAY DONALD A. CAETANO CHRISTINE C. FONTENELLE MICHAEL L. SCHOLES NATHAN B. CAHOON CHRISTOPHER M. FORD MICHAEL C. THOMPSON MICHAEL C. CALLAGHAN TODD N. GEORGE JAMES B. WASKOM TROY D. CALLAHAN DERRICK W. GRACE BRANDON S. WATKINS DOUGLAS T. CAMPBELL WENDALL H. HALL KEVIN A. CAMPBELL NJERI S. HANES IN THE MARINE CORPS JOSEPH O. CAMPOMANES IRENE D. HANKS BETH S. CANEPA TODD J. HANKS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER J. CANNON ERIC A. HETTINGA TO THE GRADE INDICATED IN THE UNITED STATES MA- CHAD J. CARBONE JAMES T. HILL RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: BRIAN P. CAREY ADAM S. KAZIN To be major MICHAEL G. CARLE LAURA R. KESLER TRISHA D. CARPENTER TONY Y. KIM DEREK M. ABBEY DOUGLAS A. CARR TIFFANY M. KOTZURCHAPMAN VICTOR M. ABELSON MICHAEL J. CARRASQUILLA KEVIN W. LANDTROOP BENJAMIN T. ACKISON MISCA T. CARTWRIGHT MARYANN LEAVITT ERNEST E. ADAMS PATRICK CAZE ROBERT M. LEONE MICHAEL AGUILAR BENJAMIN A. CHAMBERLIN EDWARD C. LINNEWEBER OSCAR ALANIS, JR. JOJO CHAMES JOHN R. MALONEY CAMERON W. ALBIN JENNIFER K. CHANCY COREY J. MARKS ISMAEL ALCALA CHRIS E. CHARLES YOLANDA D. MCCRAY SKENDER ALICKA BRIAN P. CHASE ROBERT P. MCGOVERN RICHARD J. ALLAIN RYAN A. CHERRY GRIFFIN P. MEALHOW RYAN P. ALLEN ANTHONY P. CHING JOHN J. MERRIAM JOHN F. ALLSUP, JR. BRIAN R. CHONTOSH TODD A. MESSINGER RICHARD ALVAREZ JOHN M. CISCO EARL G. MITCHELL CLAIRE M. AMDAHL CHRISTOPHER L. CLAFLIN DANISHA L. MORRIS EDWARD P. AMDAHL CAMERON F. CLARK JENNIFER A. NEUHAUSER MARK R. AMSPACHER ROSA A. CLARKE DON D. NOBLE MICHAEL E. ANDA EDMUND G. CLAYTON ERIC D. NOBLE AARON D. ANDERBERG BRIAN N. CLIFTON JONATHAN M. PERSONS RICHARD A. ANDERSON SCOTT A. CLIPPINGER EVAH K. POTTMEYER SCOTT J. ANDERSON NEIL M. CLONTZ JOHN M. RATLIFF ANTHONY J. ANGELONE BENJAMIN I. CLOSS ROBERT A. RODRIGUES ALEXANDER C. ARCINAS DOUGLAS J. COBB, JR. PIA W. ROGERS DAVID A. ARENAS GARY L. COBB

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TEDDY R. COLEGATE LAURIE A. GILLESPIE DAVID W. KUMMER, JR. BRAD W. COLLINS PAUL L. GILLIKIN JASON M. KUT CLINTON J. COLLINS JOHNNIE R. GLADDEN III JI Y. KWON JEFFREY H. COLLINS STUART W. GLENN DANIEL C. LAMMERS PATRICK B. COLLINS DEBRA R. GOMEZ BRIAN T. LAURENCE JAMES R. COMPTON ANDREW C. GONZALEZ DAVID F. LAWRENCE FREDERICK A. CONGDON KEVIN J. GOODWIN JOHN K. LE JON P. CONNOLLY ROBERT J. GORDON WYLAND F. LEADBETTER III JEREMY L. CONRAD GEOFFREY Z. GOSIK STEPHEN J. LEBO PAUL J. CORCORAN SVEN L. GOSNELL ANDY R. LEE JEFFERY N. COSTA DAVID J. GRABOW CEDRIC N. LEE CRISTON W. COX, JR. JEREMY J. GRACZYK JEREMY E. LEE GARY D. COX, JR. CHRISTOPHER J. GRANGER YONG J. LEE WILLIAM C. COX BRIAN R. GRANT ERIK LEIN STEVEN L. CRAIG BENJAMIN J. GRASS TYLER D. LEONARD SETH J. CRAWFORD SHANNON C. GREENE ARIC C. LIBERMAN KEVIN A. CRESPO DANIEL H. GROELING JEFFREY R. LIEBENGUTH HERSCHEL J. CRINER III MILES N. GROGAN PATRICK F. LIENEWEG SEAN E. CRITTENDEN KARA J. GRUVER ERNEST C. LINCOLN MICHAEL A. CRIVELLO DAVID J. GUSTAFSON ROBERT E. LINGLER MATTHEW R. CROUCH KWABENA K. GYIMAH DUANE LIPTAK, JR. ROMEO P. CUBAS BRYAN P. HALL AARON C. LLOYD DOUGLAS R. CULLINS MATTHEW E. HALL JOHN E. LOGAN III THOMAS J. CUNNINGHAM III MICHAEL L. HALLIGAN II WILLIAM L. LOMBARDO MATTHEW J. DAGOSTINO POLLARD D. HAM LINDA D. LONG DENNIS B. DALTON KELLY A. HANCOCK MICHAEL G. LONG SCOTT E. DANIELSON JAISUN L. HANSON DAVID M. LOVEDAY MATTHEW C. DANNER BYRON R. HARDER LAWRENCE M. LOWMAN II BENJAMIN M. DAVENPORT OWEN HARLEMAN DAVID R. LUBER MICHAEL R. DAVIDGE MASON E. HARLOW JASON S. LUCERO ALBERTA DAVIS JAMES G. HARRIS JOSEPH T. LUDICK ROBERT M. DAVIS JOHN E. HARRIS III MATTHEW D. LUNDGREN BENJAMIN J. DEBARDELEBEN BENJAMIN B. HARRISON SEAN J. LYNCH BRYON S. DECASTRO BRIAN T. HASHEIDER SETH W. MACCUTCHEON ARTHUR G. DECOTIIS, JR. STANTON C. HAWK STEPHEN P. MACKEY LISA A. DEITLE MATTHEW C. HAWKINS BART E. MACMANUS JOEL A. DELUCA CHARLES E. HAWTHORNE, JR. JOHN C. MACMURRAY ANTONIO DEMARCO MICHAEL G. HAYS CLIFFORD S. MAGEE DANA S. DEMER RYAN K. HAZLETT ROGER T. MAHAR GERARD C. DEMPSTER WILLIAM G. HEIKEN DAVID M. MANIMTIM SUZANNE M. DENAULT MATHEW E. HEIL PETER A. MANTUANO JONATHAN A. DEROSIER FILIP E. HEIST JEFFREY T. MARANTETTE JAMES C. DERRICK KATHRYN E. HENDEL ELIO F. MARCILLOMUNOZ VARPAS S. DESAPEREIRA PATRICK S. HENRY ADRIAN T. MARINEZ DARYL L. DESIMONE GLEN C. HENTON MATTHEW A. MARKHAM MATTHEW S. DESMOND RONNEY HERRERA MATTHEW J. MARKHAM STEVEN R. DESROSIERS WILLIAM J. HERRON ERIC D. MARSHALL JOHN M. DIAZ JONATHAN D. HESKETT GRIFFITH M. MARSHALL JOSUE M. DIAZ BRIAN J. HESLIN PAULA D. MARSHALL ROBERT P. DICKINSON JEREMIE N. HESTER JASON T. MARTIN DIRK R. DIENER MICHAEL K. HICKS JOEY S. MARTIN FRANK E. DILLBECK EVAN L. HILL MATTHEW J. MARTIN JOHN Q. DINH AARON R. HINMAN PATRICK C. MARVIL DEREK L. DIVINE ANTONIO HINOJOSA WILLIAM J. MATORY WILLIAM P. DOBBINS III CEDAR L. HINTON TROY P. MATTERN CHAD A. DODD MICHAEL M. HOFFMAN MITCHELL T. MAURY DAVID J. DONNELL MICHAEL W. HOLCOMB MICHAEL L. MAYNE THOMAS F. DONO ERIC L. HOLMES COREY A. MAZYCK CRAIG T. DOUGLAS FORREST W. HOOVER III CHRISTOPHER A. MCALLISTER CHARLES E. DOWNING III RICARDO A. HOPE CHRISTOPHER B. MCARTHUR MICHAEL A. DUBRULE BILLY S. HORTMAN DANIEL C. MCBRIDE AARON S. DUESING RYAN P. HOUGH GLENN E. MCCARTAN JAMES J. DUNPHY SAMUEL E. HOWIE ROBERT G. MCCARTHY III STEVEN J. EASTIN PAUL C. HUDSON SEAN P. MCCARTHY JASON W. EDHOLM JEFFREY C. HUGHES MARK A. MCCAULEY JASON M. EHRET JEFFREY W. HULLINGER KELLY A. MCCONNELL JOHN D. ELMS CHRISTOPHER D. HUNT MICHAEL J. MCCOY PETER B. ELTRINGHAM KEVIN G. HUNTER MATTHEW F. MCDONALD MATTHEW S. EMBORSKY MICHAEL R. HYDE IAN K. MCDUFFIE BRYAN A. EOVITO DAVID H. ICKLES MICHAEL P. MCFERRON JASON T. ERBECKER AUGUST R. IMMEL SARA E. MCGRATH ABEL ESPINOSA FRED J. INGO III CHRISTOPHER P. MCGUIRE RICCO A. ESPINOZA DENNIS J. IVAN KENNETH A. MCKEAN, JR. JEAN P. EXANTUS RYAN A. JACOBS MICHAEL W. MCKENNEY JOHN A. FABBRI MATTHEW T. JAMES MATTHEW J. MCKINNEY BRIAN M. FAUSETT DAVID A. JANSEN ROBERT M. MCLELLAN ISTVAN P. FEHER GERMAINE S. JENKINS CHARLES C. MCLEOD, JR. FOSTER C. FERGUSON CHARLES A. JINDRICH JASON MCMANIGLE BRADLEY G. FESSLER JAMES W. JOHNSON BOYD R. MCMURTREY ANTHONY J. FIACCO LARRY E. JOHNSON, JR. ERIC A. MEADOR JASON A. FILOS MICHAEL S. JOHNSON RICARDO A. MEDAL CLAY T. FIMIANI NICHOLAS D. JOHNSON DONALD H. MEEK, JR. DOUGLAS Y. FINN STEVEN C. JOHNSON FERNANDO MELENDEZ NIGEL A. FISCHER ANTHONY C. JOHNSTON MARCOS A. MELENDEZ III DAVID M. FITZSIMMONS CHARLES C. JONES MICHAEL J. MENDIETA RYAN P. FLANAGAN JASON R. JONES TAUNJA M. MENKE KATE E. FLEEGER KENNETH M. JONES SEAN M. MERLIN IAN C. FLETCHER WILLIAM R. JONES RONNIE D. MICHAEL JAMES F. FOLEY MICHAEL J. KANSTEINER DANIEL W. MICKLIS MONTY J. FONTENOT MICHAEL A. KAPPELMANN MICHAEL P. MILBURN JAMES C. FORD III ALLEN J. KASHUBA JONPAUL MILLER STEVEN M. FORD JASON P. KAUFMANN KASEY C. MILLER MATTHEW W. FOREMAN SRIDHAR B. KAZA MATTHEW S. MILLER MORINA D. FOSTER MICHAEL S. KEANE SEAN D. MILLER MARK C. FOWLER BEVIN J. KEEN ANDREW H. MILLS MARY C. FOWLIE PAUL B. KEENER BRETT C. MINER JAMISEN L. FOX ERIC J. KEITH MARK T. MITCHELL SHARON U. FRANCO HERMAN C. KEMP SEAN P. MITZEL JASON D. FRANZ MICHAEL R. KENDRICK TIMOTHY W. MIX JOSHUA T. FRASER JOHN J. KENNELEY BRIAN L. MIZE FRANKLIN H. FREEMAN JONATHAN Q. KENNEY JEFFREY M. MONAGHAN CHRISTOPHER J. FROUDE RORY D. KENT THOMAS B. MONDOUX JOSE L. FUENTES ZENON W. KESKE ERIC D. MONTALVO JAMES V. FULGINITI ADAM K. KESSEL VINCENT M. MONTGOMERY BRIAN S. GAHAGAN KYLE R. KILIAN TYLER J. MOORE MARTIN J. GALLAGHER MARSHALEE E. KING SERGE P. MOROSOFF NICHOLAS L. GANNON TRENT C. KINGERY STEPHEN D. MORRISON JOSEPH M. GARAUX CHRISTOPHER N. KINSEY JOSEPH E. MOYE STEVEN J. GASPER, JR. TARA J. KIPFER HOWARD MUI BRANDON J. GAUDREN PHILLIP E. KIRKMAN SEAN P. MULLEN KENNETH C. GAWRONSKI CHRISTOPHER J. KLEMKO MICHAEL K. MULLINS ANDREW S. GEER WILLIAM F. KLUMPP III MATTHEW K. MULVEY MICHAEL G. GEHRKI JOHN G. KOLB MANUEL F. MUNOZ ALFRED J. GEOFFRION III CHRISTOPHER M. KRAHULEC JOHN P. MUNTZER MARK P. GEORGE KORVIN S. KRAICS CHRISTOPHER J. MURPHY WAYNE H. GESCHWINDT ERIC M. KROSS CORRY P. MURPHY ALEXANDER E. GILBERT JOHN D. KRYSA DANIEL M. MURPHY

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JAMIE P. MURPHY LOU H. ROYER DILLON D. VADEN MARK E. MURPHY MITCHELL F. RUBINSTEIN JAMES R. VALLARIO ROBERT P. MURPHY, JR. NEIL A. RUGGIERO PAUL L. VANDERWATER MATTHEW R. MURRAY PETER M. RUMMLER BRADLEY J. VANSLYKE JASON N. MYERS ANDREW A. RUNDLE DAVID P. VAUGHAN, JR. ROBERT N. MYERS, JR. FRANK C. RUNDUS WILLIAM L. VAUGHAN, JR. DAVID M. NAEHER KEVIN L. RUSCH CHRISTIAN R. VELASCO EUGENE F. NAGY KEVIN M. RYAN MATTHEW L. VOGT JOHN M. NASH VII WILLIAM J. RYAN III MICHAEL P. VOLMER EDWARD N. NASTASE MICHAEL J. SADDLER JASON T. VRABLE DOMINIQUE B. NEAL DONOVAN J. SALERNO DENNIS C. WAIT STUART T. NEAS TODD M. SANDERS KAREN M. WALKER CHRIS J. NELSON ERIC SANTHUFF WILLIAM F. WALKER JONATHAN N. NELSON BRIAN P. SANTUCCI SEAN R. WALSH JOSHUA H. NELSON RYAN B. SATHER ERIC J. WALTHER MICHAEL A. NELSON MARK F. SCHAEFER WILLIAM L. WARD THAI N. NGUYEN RICHARD R. SCHELLHAAS LUKE T. WATSON MATTHEW S. NICHOLS JACKIE L. SCHILLER II HUGH D. WEAVER CHRIS L. NICHOLSON RYAN A. SCHILLER DALE H. WEBSTER ROY J. NICKA WILLIAM R. SCHMIDT MARK B. WEINRICH MATTHEW A. NIELAND ZACHERY M. SCHNEIDER KEEGAN J. WELCH DEREK C. NIELSEN ANDREW J. SCHOENMAKER SCOTT F. WELCH DANIEL M. NOLAN STEVEN M. SCHREIBER SEAN T. WELCH JOHN P. NORMAN AARON J. SCHWARTZ RYAN D. WELKEN TODD A. OBRIEN JAMES P. SCONFIETTI III MICHAEL A. WELSCH KENNETH J. OCONNOR, JR. JON C. SEE NICHOLAS J. WESSMAN DENNIS ODONNELL WILLIAM G. SEELMANN, JR. MARVIN T. WHITE MATTHEW M. ODONNELL MARCO D. SERNA BRANDON L. WHITFIELD JONATHAN M. OGORMAN RYAN C. SHAFFER BRIAN B. WILCOX DEREK J. OLIVER JASON A. SHARP ANA C. WILLIAMS TODD B. OPALSKI DALLAS E. SHAW, JR. ANTONIO V. WILLIAMS ERIK V. ORIENT KEVIN A. SHEA MALCOLM A. WILLIAMS JUAN A. OROZCO RYAN D. SHEA ERIC J. WILLIAMSON DAVID M. ORTIZ SEAN M. SHEA ERIC D. WILSON JEREMY P. OSBORNE DAVID M. SHEARMAN NICHOLAS R. WINEMAN WILLIAM V. OSBORNE III GARY A. SHILL NICOLAS R. WISECARVER JAMES P. OSULLIVAN DAVID A. SHIPLEY MARK E. WOODARD NEIL E. OSWALD JASON R. SHOCKEY JOHN D. WRAY JENNY A. OUELLETTE KYLE B. SHOOP GREGORY D. WRIGHT TEGAN K. OWEN GEOFFREY S. SHOWS KHARI C. WRIGHT STEVEN A. PACHECO, JR. ERIK T. SIEGEL JACK Z. WU JAVIER PALOMO ANDREW J. SIMMONS JOSEPH T. YAMRICK CHRISTIAN C. PAPPAS THOMAS M. SIVERTS PETER B. YOUNG EDELEN A. PARKER KEVIN W. SKENE MARK E. ZARNECKI JENNIFER S. PARKER WILLIAM G. SLACK ANTHONY E. ZINNI JOHN B. PARKER DEVIN A. SMILEY MATTHEW P. ZUMMO JOSEPH G. PARKER MARK A. SMITH JANHENDRIK C. ZURLIPPE KRISTOPHER L. PARKER RANDALL W. SMITH ROBERT B. ZWAYER THOMAS D. PARMITER WILLIAM R. SMITH SEAN B. PATTON TEMITOPE O. SONGONUGA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES C. PAXTON III JEREMY T. SOULE TO THE GRADE INDICATED IN THE UNITED STATES MA- ANDREW T. PAYNTER JEFFREY T. SPEEDY RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN T. PEARSON AMMIN K. SPENCER To be lieutenant colonel WILLIAM F. PELLETIER III THOMAS D. SPRADLIN JEFFREY S. PELT ERIK T. SPRAGUE HARALD AAGAARD AMOS J. PERKINS III JESS K. SPRINGFIELD MARC A. ALEXANDER MATTHEW R. PETER KIRK SRIPINYO DAVID C. ANDERSON ERIK A. PETERSON SCOTT A. STAHL RICHARD T. ANDERSON JOHN E. PETERSON GREGORY STARACE KARL R. ARBOGAST ATIIM O. PHILLIPS STEPHEN A. STARR VIRGILIO G. ARCEGA, JR. TYLER L. PHIPPS MATTHEW L. STEELE VICTOR W. ARGOBRIGHT II ROBERT A. PIAGENTINI, JR. RICHARD R. STEELE ERIK A. ARRINGTON DAVID K. PIDGEON DAWN M. STEINBERG ANDREW A. AUSTIN KRISTEN M. PIRTTINEN SCOTT E. STEPHAN LARRY A. BAILEY, JR. CHARLES T. POLLOK II WILLIAM G. STEUBER THOMAS P. BAJUS II MATTHEW E. POOLE BRENT W. STEVENS WILLIAM T. BAKER RYAN C. POPE LATRESA A. STEWARD AISHA M. BAKKAR JOSEPH J. PORRAZZO, JR. KEVIN M. STOFFELL WESLEY T. BANE MISTY J. POSEY JASON R. STOJKA DAVID G. BARDORF DAVID L. POULERIS ROBERT M. STORCK STEPHEN D. BATES JOHN A. PRATHER JEROME A. STOVALL JASON A. BELL MICHAEL W. PRETUS JOSHUA D. STRAND AARON E. BENNETT CHARLES A. PRIDDY MARK A. STRATTON DANIEL G. BENZ HENRY R. PROKOP BRENT W. STRICKER ANDREW J. BERGEN JACOB L. PURDON JAMES I. STRICKLER JOHN J. BERGERON JAMES N. PUTNAM III MARK W. STROM DAVID R. BERKE JASON P. QUINTER PAUL D. STUBBS DAMIAN A. BESS ANTHONY J R. QUITUGUA SHAWN C. STUDLEY WAYNE R. BEYER, JR. CHRISTOPHER E. RABASSI BRENDAN P. SULLIVAN NED M. BIEHL MICHAEL A. RADYNSKI JUAN P. SVENNINGSEN CAROLYN D. BIRD MICHAEL E. RAIFF GREGORY T. SWARTHOUT FRED W. BISTA III BILLY H. RAMSEY JEFFREY M. SYKES THOMAS J. BLACKWELL ALEX J. RAMTHUN ALLEN E. SZCZEPEK, JR. KEITH R. BLAKELY JOSHUA J. RANDALL KEVIN J. SZEPE PATRICK R. BLANCHARD ADAM D. RANSON SPENCER A. SZEWCZYK DAVID M. BLANKENSHIP RICHARD A. RASMUSSEN ANIELA K. SZYMANSKI RICHARD A. BOGIN JONATHAN D. RAYMOND PHILIP J. TADENA JACK G. BOLTON CHRISTOPHER J. REHWALDT KOICHI TAKAGI CHRISTOPHER J. BONIFACE CHARLES P. REICHE, JR. BENJAMIN J. TAYLOR MICHAEL A. BOORSTEIN JEREMY E. REINFELD CASEY L. TAYLOR PARRISH M. BOULWARE CAMERON M. RENNER TIMOTHY S. TAYLOR GILES R. BOYCE GLEN J. REUKEMA JOHN J. TEBBETTS DARREN S. BOYD CHRISTOPHER M. REYNOLDS STEPHEN W. THEBERGE JESSICA M. BRADLEY JARET R. RHINEHART BRANDON K. THOMAS KENNETH L. BRIGGS BOBBY R. RHODES CHRISTOPHER J. THOMAS ROBERT B. BRODIE THOMAS E. RICHARDS III DANIEL J. THOMAS PHILLIP V. BROOKING TRAVIS R. RICHIE GRAHAM E. THOMAS MICHAEL A. BROOKS, JR. ABIGAIL M. RICHMOND SEA S. THOMAS DEREK J. BROSTEK TIMOTHY R. RICHMOND FARRAH M. THOMPSON DAREN L. BROWN ANTHONY C. RICKMAN HARRY K. THOMPSON, JR. LARRY G. BROWN ANNA M. RILEA ARTHUR J. THORNTON BRIAN T. BRUGGEMAN ANDREW F. RILEY FLETCHER C. TIDWELL MICHAEL D. BRYAN RUBEN S. RILLOS KEITH P. TIGHE ALVIN BRYANT, JR. JASON D. ROACH DAVID F. TOLAR DUNCAN J. BUCHANAN CHAD E. ROBERTS TIMOTHY L. TORMEY KEITH E. BURKEPILE HOWARD L. ROBERTS DAMON M. TORRES TIMOTHY G. BURTON JASON K. ROBERTS GILBERTO TREJO, JR. MICHAEL J. BYRNE CHRISTIAN M. ROBERTSON MATTHEW A. TREPTOW CHRISTOPHER T. CABLE JACOB Q. ROBINSON NATALIE M. TROGUS THOMAS H. CAMPBELL III DARREN M. ROCK ANDREW M. TURNER EDWARD T. CARD, JR. BRIAN L. ROCKEL DAVID A. TURNER KEVIN T. CARLISLE MICHAEL J. ROD RUSSELL A. TUTEN DANIEL P. CARLSON EDNA RODRIGUEZ PHILIP A. TWEED WILLIAM P. CARROLL RODNEY C. RODRIGUEZ CHAD L. ULRICH SEAN M. CARY ERIC Q. ROSE RODOLFO S. URIOSTEGUI ROBERT T. CASTRO MARCUS V. ROSSI STEVE URREA HENRY CENTENO, JR. CHRISTOPHER P. ROY JAMES R. UWINS JEROME J. CHANDLER

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SEAN S. CHARNEY GARRETT R. HOFFMAN LEONARD E. NEAL FRANCIS K. CHAWK III RANDALL S. HOFFMAN STEPHEN L. NEWSOME ROBERT R. CHESHIRE JASON T. HOLDEN KEVIN A. NORTON VINCENT J. CIUCCOLI JAY M. HOLTERMANN KIRK D. NOTHELFER RONALD J. CLARK TRAVIS L. HOMIAK TILEY R. NUNNINK DARIN J. CLARKE SAMUEL K. HOWARD CHRISTOPHER H. OLIVER MARK H. CLINGAN MATTHEW F. HOWES ERIC R. OLSON ERIC D. CLOUTIER CHRISTOPHER D. HRUDKA KEVIN T OROURKE ERIK E. COBHAM DAVID W. HUDSPETH THOMAS F. OSTERHOUDT MICHAEL R. COLETTA NICOLE K. HUDSPETH RUSSELL W. PARKER BRIAN C. COLLINS SHAWN J. HUGHES KEITH A. PARRY SEAN C. COLLINS LAWRENCE K. HUSSEY SEAN W. PASCOLI JESSE C. CONSTANTE CLAUDE O. HUTTON, JR. SEAN P. PATAK MARK S. COPPESS ADAM E. HYAMS MARK P. PATTERSON BRYAN C. CORCORAN LANCE A. JACKOLA JEFFREY M. PAVELKO LEE A. CRACKNELL BETHANY D. JENKINS JOHN G. PAYNE, JR. MITCHELL A. CRIGER LARRY M. JENKINS, JR. TODD R. PEERY JOSEPH E. CROSS DANNY L. JOHNSON MICHAEL J. PELAK SHAWN P. CUNNINGHAM ERIC S. JOHNSON JEFFREY P. PELLEGRINO WARREN J. CURRY KARL E. JOHNSON MICHAEL J. PEREZ HUGH C. CURTRIGHT IV MICHAEL H. JOHNSON JACK D. PERRIN CHRISTOPHER H. DALTON SCOTT R. JOHNSON BRIAN R. PETERSON GEORGE J. DAVID TERRY M. JOHNSON ERIC J. PETERSON VAN M. DAVIDSON III JOSEPH W. JONES ADIN M. PFEUFFER EDWARD J. DEBISH MICHAEL A. JUENGER MATTHEW H. PHARES JOSEPH K. DECAPITE DAVID A. KALINSKE DAVID M. PHILLIPPI DWIGHT E. DEJONG ROBERT A. KAMINSKI ROBERT C. PIDDOCK JOSEPH E. DELANEY BRIAN H. KANE GREGORY T. POLAND STEVEN J. DELAZARO STEPHEN F. KEANE KATHERINE I. POLEVITZKY CHRISTOPHER F. DELONG GERALD W. KEARNEY, JR. ANTHONY G. PORTER DOUGLAS L. DEWITT THOMAS D. KEATING JOEL P. POUDRIER GEORGE W. DICKEY, JR. JASON T. KEEFER MICHAEL J. POWELL ROSWELL V. DIXON HUNTER R. KELLOGG TRAVIS L. POWERS CHARLES B. DOCKERY LYLE R. KENDOLL JASON M. PRATT JONATHAN M. DONIGAN MATTHEW J. KENT BRIAN C. PROCTOR SIMON M. DORAN SEAN C. KILLEEN MICHAEL B. PROSSER MICHAEL J. DOUGHERTY THOMAS T. KING RANDOLPH G. PUGH LANCE A. DOWD, JR. KARL K. KNAPP GREGORY T. PUNTNEY CHRISTOPHER G. DOWNS BRENT A. KNIPPENBERG ERIC R. QUEHL JASON C. DRAKE ERIC J. KNOWLTON INNES QUIROZ TIMOTHY R. DREMANN KEITH F. KOPETS CHRISTIAN M. RANKIN ALFREDO DUBOIS THOMAS G. LACROIX KYLE G. RASH MICHAEL S. DUCAR GEORGE LAMBERT JOSEPH D. REEDY III JONATHAN P. DUNNE MICHAEL L. LANDREE GARY R. REIDENBACH BRIAN P. DUPLESSIS TROY D. LANDRY BRENT C. REIFFER TOBY G. DYER DANIEL L. LANG JUSTIN R. REIMAN DOUGLAS S. DYSON JONATHAN E. LANGLOIS MARK S. REVOR ANDREW C. EANNIELLO CHRISTOPHER J. LAUER GREGORY F. RHODEN JAY M. EGLOFF STEPHEN J. LAVELLE EDWIN R. RICH II STACY L. EIBEN KENNETH G. LEE CHRISTIAN D. RICHARDSON EDWARD J. EIBERT, JR. CRAIG C. LEFLORE MICHAEL M. RICHMAN RANDAL S. ENGBERG THOMAS A. LENHARDT BRET H. RITTERBY PETER J. EPTON GLEN A. LEWIS RALPH J. RIZZO, JR. MICHAEL R. ERCOLANO III STEPHEN J. LIGHTFOOT CHRISTOPHER C. ROBINSON MATTHEW W. ERICKSON GORDON J. LIMB SCOTT A. ROBINSON GABRIEL J. FABBRI MARK A. LIST JOHN H. ROCHFORD II DAVID M. FALLON THOMAS S. LITTLE II CHRISTOPHER W. ROE TYRONE H. FERREL FERDINAND F. LLANTERO GARY T. ROESTI JOHN M. FIELD GARY J. LOBERG KEVIN C. ROSEN WALKER M. FIELD DAVID W. LOCKNER BRIAN A. ROSS SHAUN M. FITZSIMMONS BART W. LOGUE JEFFREY A. ROTHSTEIN GREGORY P. FLAHERTY CHARLES M. LONG, JR. JOHN D. ROUNTREE SETH W. FOLSOM ERIK C. LOQUIST ROBERT V. RUBIO BRIAN W. FOSTER NICHOLAS J. LOURIAN JOSEPH E. RUPP LEON J. FRANCIS WILLIAM A. LOVEWELL NATHAN M. RUSH TYRONE R. FRANKLIN DOUGLAS G. LUCCIO PHILLIP D. SANCHEZ ANTHONY N. FRASCO BENJAMIN J. LUCIANO KENNETH M. SANDLER CHRISTOPHER M. FREY SCOTT J. LUCKIE REX W. SAPPENFIELD FRIDRIK FRIDRIKSSON CHRISTOPHER G. MADELINE WILLIAM R. SAUERLAND, JR. ADOLFO GARCIA, JR. WAYNE K. MAGRISI DOUGLAS G. SCHAFFER DENISE M. GARCIA ROBERT K. MALDONADO JOHN L. SCHAURES ERIC GARCIA EUGENE A. MAMAJEK, JR. PHILLIP J. SCHENDLER SEAN B. GARICK GREGORY MARCHLINSKI BYRON L. SCHLATHER WENDY S. GARRITY GEORGE W. MARKERT V KEVIN A. SCHLEGEL JEFFREY W. GARZA MARIA A. MARTE RICHARD J. SCHMIDT JOSHUA K. GELERTER MICHAEL J. MARTIN DANIEL A. SCHMITT DANA A. GEMMINGEN VINCE R. MARTINEZ TIMOTHY L. SCHNEIDER DAVID S. GIBBS AARON C. MARX GEORGE C. SCHREFFLER III JOSEPH C. GIGLIOTTI KEVIN J. MASSETT BRYNN H. SCHREINER ALLEN L. GILBERT RICHARD P. MATYSKIELA RAYMOND J. SCHREINER BRIAN S. GILDEN PETER MCALEER MARK R. SCHROEDER BRIAN L. GILMAN PETER L. MCARDLE CRAIG R. SCHWETJE KEVIN D. GLATHAR BRIAN G. MCAVOY JEFFREY P. SCOFIELD RUFINO H. GOMEZ JAMES P. MCDONOUGH III JEFFREY B. SCOTT BRUCE D. GORDON JASON S. MCFARLAND MATTHEW R. SEAY KURT I. GORDON RONALD H. MCLAUGHLIN ANTHONY T. SERMARINI THOMAS D. GORE CARL L. MCLEOD JOEL V. SEWELL RONALD S. GOUKER DANIEL J. MCMICHAEL PATRICK S. SEYBOLD RYAN G. GOULETTE MICHAEL E. MCWILLIAMS CHRISTOPHER B. SHAW WILLIAM C. GRAY JAMES E. MEEK MATTHEW R. SHENBERGER BARTT G. GREENE PAUL M. MELCHIOR TIMOTHY A. SHEYDA KIRK A. GREINER JASON D. MERKER MATTHEW C. SHORTAL KRISTINA K. GRIFFIN PETER M. MEYER BRYAN W. SIMMONS ALLEN D. GRINALDS RICARDO MIAGANY BRIAN D. SIMON BRADLEY G. GROSVENOR CARL W. MILLER III PATRICK E. SIMON GREGORY L. GRUNWALD GORDON D. MILLER THOMAS K. SIMPERS PAUL GULBRANDSEN MICHAEL T. MILLER BRIAN C. SMITH, JR. RYAN R. GUTZWILLER PAUL W. MILLER DOUGLAS W. SMITH JOHN M. HACKEL TIMOTHY P. MILLER SINCLAIR D. SMITH CHARLES C. HALE JOHN E. MING BLAIR J. SOKOL HOWARD F. HALL TIMOTHY B. MISSLER THOMAS M. SONGSTER II ROBERT J. HALLETT JOSEPH F. MOFFATT III JOHN W. SPAID JAMES G. HAMILL IVAN I. MONCLOVA WILLIAM R. SPEIGLE II JEFFREY C. HANIFORD MARTY A. MOORE DANIEL N. SPRENKLE, JR. JARED J. HANSBROUGH JEFFERY M. MORGAN WILLIE M. STANSELL III DOUGLAS HARDY MATTHEW W. MORGAN TIMOTHY STEFANICK JAMES A. HARRIS IV MICHAEL D. MORI KIMBERLY A. STEPHENS BRETT A. HART DAVID C. MORRIS THOMAS S. STEPHENS, JR. DENNIS J. HART JAMES D. MOSELEY JEFFREY J. STOWER EDWARD B. HASTINGS CHARLES J. MOSES ROBERT E. STPETER BRIAN C. HAWKINS MATTHEW T. MOWERY ANDREW J. STRALEY MARK D. HAWKINS KIRK D. MULLINS KURT A. STRANGE MAURA M. HENNIGAN MICHAEL B. MULLINS MICHAEL S. STYSKAL JAMES C. HERRERA BRENDAN S. MULVANEY EDWARD R. SULLIVAN STEVEN J. HIMELSPACH MICHAEL J. MURCHISON JOHN P. SULLIVAN, JR. ERIC HIMLER NEIL F. MURPHY, JR. CHRISTOPHER S. SUTTON BRADEN W. HISEY ADAM L. MUSOFF ROBERT T. SWEGINNIS

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JONATHAN S. SWOPE JOON H. UM WADE E. WIEGEL JEFFREY A. SYMONS CARLOS A. VALLEJO JOHN J. WIENER GLENN K. TAKABAYASHI DAVID T. VANBENNEKUM CRAIG W. WIGGERS RODNEY R. TATUM, JR. JEFFREY A. VANDAVEER GEORGE A. WILLIAMS MATTHEW J. TAYLOR JOHN T. VAUGHAN KEVIN A. WILLIAMS STACEY L. TAYLOR NICHOLAS P. VAVICH VERNON J. WILLIAMS GEOFFREY T. TETTERTON SCOTT W. VOGT AHMED T. WILLIAMSON TYRONE P. THERIOT SCOTT W. WADLE ROBERT A. WINSTON CHRISTOPHER J. THIELEMANN EVAN R. WAHL ROBERT L. WISER ALISON J. THOMPSON DAVID C. WALLIS III CHRISTOPHER G. TOLAR BENNETT W. WALSH ARTHUR J. WOODS DONALD J. TOMICH GILBERT A. WARNER DONALD R. WRIGHT JONATHON A. TONEY CLARK E. WATSON GREGORY A. WYNN BRADLEY S. TRAGER AARON D. WEISS VINCENT J. YASAKI SCOTT B. TRAIL STEPHAN F. WHITEHEAD ERIC K. YINGST, JR. KEVIN C. TRIMBLE JAMES S. WHITEKER SETH E. YOST PATRICK M. TUCKER BYRON T. WIEDEMAN MARK W. ZIPSIE

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